===== PDF PAGE 40 ===== [Extraction: OCR (rendered-page OCR)] CITY OF WEST CHICAGO INFRASTRUCTURE COMMITTEE AGENDA ITEM SUMMARY ITEM TITLE: AGENDA ITEMNUMBER: _7-F. Resolution No. 25-R-0047 — Civiltech Engineering, Inc. — Preliminary Engineering Design Services for Downtown Revitalization Project in an Amount Not to Exceed $219,341.23 COMMITTEE AGENDA DATE: July 3, 2025 COUNCIL AGENDA DATE: July 21, 2025 STAFF REVIEW: Mehul T. Patel, P.E., CFM., Director of Public Works SIGNATURE. ITEM SUMMARY: The West Chicago Strategic Plan (2016), the West Chicago Central-Main Street Redevelopment Plan (2018), the West Chicago Economic Development Plan (2021-2025), and the West Chicago Forward Comprehensive Plan (2022) have all identified Downtown Revitalization as an item that is heavily desired by the residents, businesses and members of the community. The general theme across all plans is to provide a more inviting Downtown. In July 2024, the City staff collaborated with Civiltech Engineering, Inc. (CEI) to prepare a grant application for Downtown Revitalization Project (the Project) along Main St (Washington St to Wilson Ave) and Turner Ct. The grant is through Rebuild Downtown and Main Street (RDMS) through the Department of Commerce and Economic Opportunity (DCEO). The general scope of work included in the grant application is including but not limited to resurfacing within Project limits, stamped concrete sidewalks, planter beds, street furniture, festoon lighting, irrigation system for planter beds, underground improvements, signage, etc. In April 2025, the City was awarded the full requested grant amount of $2 million. The City is currently awaiting a formal grant agreement from DCEO; however, according to the preliminary conversations with the DCEO staff, this grant will likely have a sunset date of November 30, 2027. Currently, construction is anticipated to begin in April 2027. CEI has experience in design and construction of similar types of projects in other municipalities such as Glen Ellyn, Naperville, Joliet and Bensenville. Staff solicitated a proposal from CEI for the preliminary engineering design services for the Project. This Project will require a significant amount of public engagement and input. CEl’s scope of work will generally consist of assisting the City staff with preparing preliminary design concepts, exhibits, renderings for the public engagement process, attending public open houses, review public comments/inputs, project management, project administration, attending project meetings and coordination with City staff, geotechnical investigation, and conducting topographic survey. The detailed design engineering services scope will be determined based on the selection of items through the public engagement process. An amendment to this agreement will be required to perform the detailed design engineering services which will include scope of work items such as preparation of detailed engineering plans, permitting, specifications, cost estimates, and bidding services. CEl’s proposed fees for the preliminary engineering design services are in the amount of $219.341.23. The FY 2025 Budget includes $499,900.00 under Capital Projects Fund Account No. 08-34-53-4225 for this Project. The current budget includes complete design engineering services; however, as stated above, an amendment will be presented at a later date at the conclusion of the public engagement process. Staff recommends approval of the contract with CEI. ===== PDF PAGE 41 ===== [Extraction: OCR (rendered-page OCR)] CITY OF WEST CHICAGO ACTIONS PROPOSED: Approve Resolution No. 25-R-0047 authorizing the Mayor to execute a contract with Civiltech Engineering, Inc. of Itasca, Illinois, for the Preliminary Design Engineering services related to the Downtown Revitalization Project in an amount not to exceed $219,341.23. COMMITTEE RECOMMENDATION: The Infrastructure Committee voted 5-0 for approval. ===== PDF PAGE 42 ===== [Extraction: OCR (rendered-page OCR)] Them # 7.N. ORDINANCE NO. 25-0-0029 AN ORDINANCE IMPLEMENTING A MUNICIPAL GROCERY RETAILERS’ OCCUPATION TAX AND A MUNICIPAL GROCERY SERVICE OCCUPATION TAX FOR THE CITY OF WEST CHICAGO, ILLINOIS WHEREAS, the Illinois Municipal Code, 65 ILCS 5/1-2-1, provides that the corporate authorities of each municipality may pass all ordinances and make all rules and regulations proper or necessary, to carry into effect the powers granted to municipalities, with such fines or penalties as may be deemed proper; and, WHEREAS, the City of West Chicago (“City”) is a home rule Illinois municipality pursuant to the Constitution of the State of Illinois of 1970, as amended; and, WHEREAS, Section 8-11-24 of the Illinois Municipal Code (65 ILCS 5/8-11-24) provides that, beginning on January 1, 2026, all Illinois municipalities may impose a tax “upon all persons engaged in the business of selling groceries at retail in the municipality” (the “Municipal Grocery Tax”) (65 ILCS 5/8-11-24); and, WHEREAS, the Municipal Grocery Retailers’ Occupation Tax may be imposed “at the rate of 1% of gross receipts from these sales” (65 ILCS 5/8-11-24); and, WHEREAS, any Municipal Grocery Retailers’ Occupation Tax shall be administered, collected and enforced by the Illinois Department of Revenue; and, WHEREAS, Section 8-11-24 of the Illinois Municipal Code (65 ILCS 5/8-11-24) requires any municipality imposing a Municipal Grocery Retailers’ Occupation Tax under Section 8-11-24 of the Illinois Municipal Code (65 ILCS 5/8-11-24) to also impose a Service Occupation Tax at the same rate, “upon all persons engaged, in the municipality, in the business of making sales of service, who, as an incident to making those sales of service, transfer groceries” as “an incident to a sale of service” (the “Municipal Grocery Service Occupation Tax”) (65 ILCS 5/8-11-24); and, WHEREAS, any Municipal Grocery Service Occupation Tax shall be administered, collected and enforced by the Illinois Department of Revenue; and, WHEREAS, the City Council of the City of West Chicago believe that it is appropriate, necessary and in the nest interests of the City and its residents, that the City levy a Municipal Grocery Retailers’ Occupation Tax as permitted by Section 8-11-24 of the Illinois Municipal Code (65 ILCS 5/8-11-24); and, WHEREAS, the City Council of the City of West Chicago believe that it is appropriate, necessary and in the best interests of the City and its residents, that the City levy a Municipal Grocery Service Occupation Tax as permitted by Section 8-11-24 of the Illinois Municipal Code (65 ILCS 5/8-11-24); and, ===== PDF PAGE 43 ===== [Extraction: OCR (rendered-page OCR)] WHEREAS, the City Council of the City of West Chicago shall review the desire for a Municipal Grocery Tax prior to September 1 of each year to determine continued need for this Tax. NOW, THEREFORE, be it ordained, by the City Council of the City of West Chicago, Illinois, as follows: Section 1. Incorporation of Recitals. The foregoing recitals shall be and are hereby incorporated as findings of fact as if said recitals were fully set forth herein. Section 2. Municipal Grocery Retailers’ Occupation Tax Imposed. A tax is hereby imposed upon all persons engaged in the business of selling groceries at retail in this municipality at the rate of 1% of the gross receipts from such sales made in the course of such business while this Ordinance is in effect. The imposition of this tax is in accordance with and subject to the provisions of Section 8-11-24 of the Illinois Municipal Code (65 ILCS 5/8-11-24). Section 3. Municipal Grocery Service Occupation Tax. A tax is hereby imposed upon all persons engaged in this municipality in the business of making sales of service, who, as an incident to making those sales of service, transfer groceries as an incident to a sale of service. The rate of this tax shall be the same rate identified in Section 2, above. The imposition of this tax is in accordance with and subject to the provisions of Section 8-11-24 of the Illinois Municipal Code (65 ILCS 5/8-11-24). Section 4. Illinois Department of Revenue to Administer Both Taxes. The taxes hereby imposed, and all civil penalties that may be assessed as an incident thereto, shall be collected and enforced by the Department of Revenue of the State of Illinois. The Illinois Department of Revenue shall have full power to administer and enforce the provisions of this Ordinance. Section 5. Executive Office Manager to file Ordinance with Illinois Department of Revenue. As required under Section 8-11-24 of the Illinois Municipal Code (65 ILCS 5/8-11-24), the Executive Office Manager is hereby directed to file a certified copy of this Ordinance with the Illinois Department of Revenue on or before October 1, 2025. Section 6. Effective Date. The taxes imposed by this Ordinance shall take effect on January 1, 2026; which is the first day of January next following the adoption and filing of this Ordinance with the Department of Revenue, as provided by law. Section 7. Repeal of Conflicting Provisions. All ordinances, resolutions and policies or parts thereof, in conflict with the provisions of this Ordinance are, to the extent of the conflict, expressly repealed on the effective date of this Ordinance. Section 8. Severability. If any provision of this Ordinance or application thereof to any person or circumstances is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this Ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this Ordinance is severable. ===== PDF PAGE 44 ===== [Extraction: OCR (rendered-page OCR)] Section 9. Headings/Captions. The headings/captions identifying the various sections and subsections of this Ordinance are for reference only and do not define, modify, expand or limit any of the terms or provisions of the Ordinance. Section 10. Publication. The Executive Office Manager is directed by the corporate authorities to publish this Ordinance in pamphlet form. This Ordinance shall be in full force and effect after its passage and publication in accordance with 65 ILCS 5/1-2-4. PASSED THIS day of . , 2025. Alderman J. Alcantar-Garcia Alderman D. Beebe Alderman S. Santiago Alderman J. Sheahan Alderman D. Carreto-Mufioz Alderman A. Hallett Alderman S. Dimas Alderman M. Birch-Ferguson Alderman J. Smith Alderman C. Swiatek Alderman C. Avifia Soto Alderman R. Stout Alderman M. Myers Alderman J. Morano APPROVED as to form: City Attorney ADOPTED this _ day of 2025. Mayor Daniel Bovey ATTEST: Executive Office Manager, Valeria Perez PUBLISHED: ===== PDF PAGE 45 ===== [Extraction: OCR (rendered-page OCR)] Them 4 7.6. ORDINANCE NO. 25-0-0030 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF WEST CHICAGO, ILLINOIS REGARDING SPECIALTY RETAILER, CLASS O, LIQUOR LICENSES (UNCORKED WEST CHICAGO) WHEREAS, the City of West Chicago (hereinafter referred to as the “City”) is an Illinois home rule municipality organized, operated and existing pursuant to Section 6(a), Article VII of the 1970 Illinois Constitution; and WHEREAS, the City, as a home rule unit of government, may exercise any power and perform any function pertaining to its government affairs; and WHEREAS, the Illinois Liquor Control Act, 235 ILCS 5/1-1. et seq. (“Act”), describes the minimum regulation of liquor license establishments in the State of Illinois; and WHEREAS, Article IV of the Illinois Liquor Control Act of 1934, 235 ILCS 5/4-1, et seq., authorizes the City to license and regulate the sale of alcoholic liquor within its boundaries, and to determine the number, kind and classification of local liquor licenses, as well as the fees for such licenses and to provide such further regulations and restrictions on the issuance and operations pursuant to such local licenses; and WHEREAS, the City has adopted certain liquor license regulations designed to protect the health, safety and welfare, which regulations are codified in Chapter 3 of the West Chicago Municipal Code (“Liquor Code”); and WHEREAS, the City recently established the Class O Liquor License category via Ordinance 25- O-0022, but did not establish an annual fee for such license and desires to establish the fee and number of such licenses that may be issued and outstanding at any one time; and WHEREAS, the Mayor and City Council of the City (hereinafter referred to as the “Corporate Authorities”) desire to update and revise the City’s Liquor Code as set forth herein to establish additional the fees and number of Class O liquor licenses that may be issued in the City of West Chicago and hereby finds that so doing is in the best interest of the City and consistent with the health, welfare and safety of City residents and visitors. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF WEST CHICAGO, DUPAGE COUNTY, ILLINOIS, IN THE EXERCISE OF ITS HOME RULE AUTHORITY, THAT THE CITY CODE BE AMENDED AS FOLLOWS, WITH ALL EXISTING PROVISIONS OF THE CITY CODE NOT SET FORTH BELOW CONTINUING IN FULL EFFECT AS PRESENTLY WRITTEN: SECTION 1. Recitals. The foregoing recitals are incorporated as though fully set forth herein. SECTION 2. Section 3-12 Amendment. That Chapter 3 (“Alcoholic Beverages”), Article II (“Licensing”), Section 3-12 (“Record Number of Licenses”) of the Code of Ordinances of the City of West Chicago, Page | of 3 ===== PDF PAGE 46 ===== [Extraction: OCR (rendered-page OCR)] Illinois, shall be and hereby is amended as follows (additions are in bold, redline and underlined; deletions in bold, redline and strikeout), to add a new liquor license category, with all currently-existing provisions of the City Code remaining in full effect as written: Sec. 3-12. — Classifications. (c) There shall be no more than the following number of licenses issued for each class: Class O....1 SECTION 3. Fee Schedule Amendment. That Appendix G (“Fee Schedule”) of the Code of Ordinances of the City of West Chicago, Illinois, Section 8.1 (“Liquor Licenses”) be amended to add a license fee for the Class O liquor license classification as follows (additions are in bold, redline and underlined), with all currently-existing provisions of the City Code remaining in full effect as written: Appendix G 8.1 Liquor Licenses Class O .... $750.00 SECTION 4. Severability. That this ordinance and every provision thereof shall be considered severable. If any word, phrase, clause, sentence, paragraph, provision, section, or part of this ordinance is found to be void, unconstitutional, or otherwise unenforceable, all remaining portions of this ordinance not so declared void, unconstitutional, or unenforceable shall remain in full force and effect. SECTION 5. Resolution of Conflicts. That all ordinances and resolutions, or parts thereof, in conflict with the provisions of this Ordinance are, to the extent of such conflict, expressly repealed. SECTION 6. Effective Date. That this ordinance shall be in full force and effect from and after its passage, approval and publication in the manner provided by law. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK; SIGNATURE PAGE FOLLOWS. ] Page 2 of 3 ===== PDF PAGE 47 ===== [Extraction: OCR (rendered-page OCR)] Adopted by the City Council of the City of West Chicago, DuPage County, Illinois this 21‘ day of July, 2025. VOTE: Alderman J. Alcantar-Garcia Alderman D. Beebe Alderman I. Santiago Alderman J. Sheahan Alderman D. Carreto-Mufioz Alderman A. Hallett Alderman S. Dimas Alderman M. Birch Ferguson Alderman C. Swiatek Alderman J. Smith, Jr. Alderman C. Avifia Soto Alderman R. Stout Alderman M. Myers Alderman J. Morano APPROVED as to form: City Attorney APPROVED this 21st day of July, 2025. Daniel Bovey, Mayor ATTEST: Valeria Perez, Executive Office Manager PUBLISHED: Page 3 of 3 ===== PDF PAGE 48 ===== [Extraction: OCR (rendered-page OCR)] Them #77. Pr. ORDINANCE NO. 25-0-0031 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF WEST CHICAGO REGARDING C-4 LIQUOR LICENSE CLASSIFICATION (ALCOHOL SALES AT GAS STATIONS) WHEREAS, the City of West Chicago (hereinafter referred to as the “City”) is an Illinois home rule municipality organized, operated and existing pursuant to Section 6(a), Article VII of the 1970 Illinois Constitution; and WHEREAS, the City, as a home rule unit of government, may exercise any power and perform any function pertaining to its government affairs; and WHEREAS, the Illinois Liquor Control Act, 235 ILCS 5/1-1. et seq. (“Act”), describes the minimum regulation of liquor license establishments in the State of Illinois; and WHEREAS, Article IV of the Illinois Liquor Control Act of 1934, 235 ILCS 5/4-1, et seq., authorizes the City to license and regulate the sale of alcoholic liquor within its boundaries, and to determine the number, kind and classification of local liquor licenses, as well as the fees for such licenses and to provide such further regulations and restrictions on the issuance and operations pursuant to such local licenses; and WHEREAS, the City possesses the authority, pursuant to the Illinois Municipal Code, 65 ILCS 5/1-1-1 et seg., to adopt ordinances and pass resolutions pertaining to the public health, safety, welfare and government functions; and WHEREAS, the City has adopted certain liquor license regulations designed to protect the health, safety and welfare, which regulations are codified in Chapter 3 of the West Chicago Municipal Code (“Liquor Code”); and WHEREAS, the Mayor and City Council of the City (hereinafter referred to as the “Corporate Authorities”) desire to update and revise the City’s Liquor Code as set forth herein to alter the maximum size of commercial establishments eligible for a C-4 liquor license and find that so doing is in the best interest of the City and consistent with the health, welfare and safety of City residents and visitors; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF WEST CHICAGO, DUPAGE COUNTY, ILLINOIS, IN THE EXERCISE OF ITS HOME RULE AUTHORITY, THAT THE CITY CODE BE AMENDED AS FOLLOWS, WITH ALL EXISTING PROVISIONS OF THE CITY CODE NOT SET FORTH BELOW CONTINUING IN FULL EFFECT AS PRESENTLY WRITTEN: SECTION 1. Recitals. The foregoing recitals are incorporated as though fully set forth herein. Page | of 3 ===== PDF PAGE 49 ===== [Extraction: OCR (rendered-page OCR)] SECTION 2. Amendment. That Chapter 3 (“Alcoholic Beverages”), Article II (“Licensing”), Section 3-10 (“Classifications”) of the Code of Ordinances of the City of West Chicago, Illinois, shall be and hereby is amended as follows (additions are in bold, redline and underlined; deletions in beld,redline-and-strikeeut), with all currently-existing provisions of the City Code remaining in full effect as written: Sec. 3-10. — Classifications. (c) Package store license—Class C. Class C-4 license authorizes the retail sale, on the premises specified, of alcoholic liquor in its original individual package, not for consumption on the premises. To qualify for a Class C-4 license, the premises must be primarily used as a gas station and have a convenience store associated with it of at least three two thousand five hundred (32,500) square feet in size. The following additional requirements apply to all Class C-4 licenses: (1) The floor area devoted to beer and wine sales within the convenience store shall not exceed more than fifteen percent (15%) of the total retail sales area and shall be in a segregated area, approved by the local liquor control commissioner, so designed to be separate, distinct and visible by an employee working behind the counter where transactions occur; (2) Beer in containers less than sixteen (16) ounces shall not be sold to any person in quantities of less than six (6) cans or bottles for consumption; sales of individual bottles or cans is strictly prohibited. (3) Wine shall not be sold in containers less than 750 ml; and (4) Each transaction for the sale of alcoholic liquor shall be with point-of-sale equipment that shall scan the identification of the customer as to verify age. SECTION 3. Severability. That this ordinance and every provision thereof shall be considered severable. If any word, phrase, clause, sentence, paragraph, provision, section, or part of this ordinance is found to be void, unconstitutional, or otherwise unenforceable, all remaining portions of this ordinance not so declared void, unconstitutional, or unenforceable shall remain in full force and effect. SECTION 4. Resolution of Conflicts. That all ordinances and resolutions, or parts thereof, in conflict with the provisions of this Ordinance are, to the extent of such conflict, expressly repealed. Page 2 of 3 ===== PDF PAGE 50 ===== [Extraction: OCR (rendered-page OCR)] SECTION 5. Effective Date. That this ordinance shall be in full force and effect from and after its passage, approval and publication in the manner provided by law. Adopted by the City Council of the City of West Chicago, DuPage County, Illinois this 21 day of July, 2025. VOTE: Alderman J. Alcantar-Garcia Alderman D. Beebe Alderman I. Santiago Alderman J. Sheahan Alderman D. Carreto-Mujfioz Alderman A. Hallett Alderman S. Dimas Alderman M. Birch Ferguson Alderman C. Swiatek Alderman J. Smith, Jr. Alderman C. Avifia Soto Alderman R. Stout Alderman M. Myers Alderman J. Morano APPROVED as to form: City Attorney APPROVED this 21st day of July, 2025. Daniel Bovey, Mayor ATTEST: Valeria Perez, Executive Office Manager PUBLISHED: Page 3 of 3 ===== PDF PAGE 51 ===== [Extraction: OCR (rendered-page OCR)] Item # TD, Q, ORDINANCE NO. 25-0-0032 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF WEST CHICAGO TO DEFINE CERTAIN TERMS IN ITS LIQUOR CODE AND TO CREATE A NEW LIQUOR LICENSE CLASSIFICATION AND REGULATIONS ADDRESSING THE SALE OF PACKAGED ALCOHOLIC BEVERAGES AT GAS STATIONS WHEREAS, the City of West Chicago (hereinafter referred to as the “City”) is an Illinois home rule municipality organized, operated and existing pursuant to Section 6(a), Article VII of the 1970 Illinois Constitution; and WHEREAS, the City, as a home rule unit of government, may exercise any power and perform any function pertaining to its government affairs; and WHEREAS, the Illinois Liquor Control Act, 235 ILCS 5/1-1. et seq. (“Act”), describes the minimum regulation of liquor license establishments in the State of Illinois; and WHEREAS, Article IV of the Illinois Liquor Control Act of 1934, 235 ILCS 5/4-1, et seq., authorizes the City to license and regulate the sale of alcoholic liquor within its boundaries, and to determine the number, kind and classification of local liquor licenses, as well as the fees for such licenses and to provide such further regulations and restrictions on the issuance and operations pursuant to such local licenses; and WHEREAS, the City possesses the authority, pursuant to the Illinois Municipal Code, 65 ILCS 5/1-1-1 et seq., to adopt ordinances and pass resolutions pertaining to the public health, safety, welfare and government functions; and WHEREAS, the City has adopted certain liquor license regulations designed to protect the health, safety and welfare, which regulations are codified in Chapter 3 of the West Chicago Municipal Code (“Liquor Code”); and WHEREAS, the City is desirous of clarifying the meaning of certain terms utilized in its Liquor Code; and WHEREAS, the City has determined that it is in the best interest of the public health, safety and welfare to create a new Class C-6 liquor license category for relatively large-scale gas station convenience stores, allowing for the packaged sale of spirits, wine and beer at retail for off-premises consumption in accordance with the regulations set forth in this Ordinance; and WHEREAS, the Mayor and City Council of the City (hereinafter referred to as the “Corporate Authorities”) desire to update and revise the City’s Liquor Code as set forth herein to create a new liquor license classification and find that so doing is in the best interest of the City and consistent with the health, welfare and safety of City residents and visitors. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE Page | of 5 ===== PDF PAGE 52 ===== [Extraction: OCR (rendered-page OCR)] CITY OF WEST CHICAGO, DUPAGE COUNTY, ILLINOIS, IN THE EXERCISE OF ITS HOME RULE AUTHORITY, THAT THE CITY CODE BE AMENDED AS FOLLOWS, WITH ALL EXISTING PROVISIONS OF THE CITY CODE NOT SET FORTH BELOW CONTINUING IN FULL EFFECT AS PRESENTLY WRITTEN: SECTION 1. Recitals. The foregoing recitals are incorporated as though fully set forth herein. SECTION 2. Section 3-2 Amendment. That Chapter 3 (“Alcoholic Beverages”), Article I (“General Provisions”), Section 3-2 (“Definitions”) of the Code of Ordinances of the City of West Chicago, Illinois, shall be and hereby is amended as follows (additions are in bold, redline and underlined) to define certain terms used throughout Chapter 3, with all currently-existing provisions of the City Code remaining in full effect as written: Sec. 3-2. — Definitions. Alcoholic liquor. Alcohol, spirits, wine and beer, and every liquid or solid, patented or not, including alcohol-infused_ spirits, containing alcohol, spirits, wine or beer and capable of being consumed as a beverage by a human being, but not alcohol used in the manufacture of denatured alcohol or any liquid or solid containing one-half of one per cent, or less, of alcohol by volume. Beer. A beverage obtained by the alcoholic fermentation of an infusion or concoction of barley, or other grain, malt, and hops in water, and includes, among other things, beer, ale, stout, lager beer, porter and the like. Spirits. Any beverage which contains alcohol obtained by distillation, mixed with water or other substance in solution, and includes brandy, rum, whiskey, gin, or other spirituous liquors, and such liquors when rectified, blended or otherwise mixed with alcohol or other substances. Wine. Any alcoholic beverage obtained by the fermentation of the natural contents of fruits, vegetables, or honey, containing sugar, including mead and such beverages when fortified by the addition of alcohol or spirits SECTION 3. Section 3-10 Amendment. That Chapter 3 (“Alcoholic Beverages”), Article II (“Licensing”), Section 3-10 (“Classifications”) of the Code of Ordinances of the City of West Chicago, Illinois, shall be and hereby is amended as follows (additions are in bold, redline and underlined; deletions in beld, redline and strikeout), to add a new liquor license category, with all currently-existing provisions of the City Code remaining in full effect as written: Sec. 3-10. — Classifications. Page 2 of 5 ===== PDF PAGE 53 ===== [Extraction: OCR (rendered-page OCR)] (c) Package store license—Class C. Class C-6 license authorizes the retail sale, on the premises specified, of alcoholic liquor, including spirits, beer and wine in its original individual package, not for consumption on the premises. To qualify for a Class C-6 license, the premises must be primarily used _as a gas station, have a convenience store associated with it of at least three thousand five hundred (3,500) square feet in size, and the license holder must have held a C-4 license prior to December 16, 2024. The following additional requirements apply to all Class C-6 licenses: (1) The floor area devoted to alcoholic liquor sales within the convenience store shall not exceed more than fifteen percent (15%) of the total retail sales area and shall be in a segregated area, approved by the local liquor control commissioner, so designed to be separate, distinct _and visible by an employee working behind the counter where transactions occur; (2) Beer _in containers less than sixteen (16) ounces shall not be sold to any person in quantities of less than six (6) cans or bottles. Sale of individual bottles and cans is strictly prohibited; (3) Wine shall not be sold in containers less than 750 ml; and (4) Each transaction for the sale of alcoholic liquor shall be with point-of- sale equipment that shall scan the identification of the customer as to verify age. SECTION 4. Section 3-12 Amendment. That Chapter 3 (“Alcoholic Beverages”), Article II (“Licensing”), Section 3-12 (“Record Number of Licenses”) of the Code of Ordinances of the City of West Chicago, Illinois, shall be and hereby is amended as follows (additions are in bold, redline and underlined; deletions in bold, redline-and strikeout), to add a new liquor license category, with all currently-existing provisions of the City Code remaining in full effect as written: Sec. 3-12. — Classifications. (c) There shall be no more than the following number of licenses issued for each class: Class C-6..... 1 SECTION 5. Fee Schedule Amendment. That Appendix G (“Fee Schedule”) of the Code of Ordinances of the City of West Chicago, Illinois, Section 8.1 (“Liquor Licenses”) be amended to add a Page 3 of 5 ===== PDF PAGE 54 ===== [Extraction: OCR (rendered-page OCR)] license fee for the C-6 liquor license classification as follows (additions are in bold, redline and underlined), with all currently-existing provisions of the City Code remaining in full effect as written: Appendix G 8.1. Liquor Licenses Class C-6 .... $2,800.00 SECTION 6. Applicability. Existing liquor licensees in good standing in the City of West Chicago are eligible to transfer to another liquor license classification, provided a license is available in such other license classification, upon demonstrating eligibility for the new classification, paying any applicable fee increase on a pro-rata basis for the remaining portion of the license term, and surrendering licensee’s existing license upon the issuance of the new liquor license for the remaining balance of the then-existing license term. Licensees possessing a current Class C-4 Liquor License in the City of West Chicago are eligible for immediate transfer to a Class C-6 Liquor License for the remaining term of their C-4 Liquor License without payment of additional fees. SECTION 7. Severability. That this ordinance and every provision thereof shall be considered severable. If any word, phrase, clause, sentence, paragraph, provision, section, or part of this ordinance is found to be void, unconstitutional, or otherwise unenforceable, all remaining portions of this ordinance not so declared void, unconstitutional, or unenforceable shall remain in full force and effect. SECTION 8. Resolution of Conflicts. That all ordinances and resolutions, or parts thereof, in conflict with the provisions of this Ordinance are, to the extent of such conflict, expressly repealed. SECTION 9. Effective Date. That this ordinance shall be in full force and effect from and after its passage, approval and publication in the manner provided by law. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK; SIGNATURE PAGE FOLLOWS. ] Page 4 of 5 ===== PDF PAGE 55 ===== [Extraction: OCR (rendered-page OCR)] Adopted by the City Council of the City of West Chicago, DuPage County, Illinois this 215 day of July, 2025. VOTE: Alderman J. Alcantar-Garcia Alderman D. Beebe Alderman I. Santiago Alderman J. Sheahan Alderman D. Carreto-Mufioz Alderman A. Hallett Alderman S. Dimas Alderman M. Birch Ferguson Alderman C. Swiatek Alderman J. Smith, Jr. Alderman C. Avifia Soto Alderman R. Stout Alderman M. Myers Alderman J. Morano APPROVED as to form: City Attorney APPROVED this 21st day of July, 2025. Daniel Bovey, Mayor ATTEST: Valeria Perez, Executive Office Manager PUBLISHED: Page 5 of 5 ===== PDF PAGE 56 ===== [Extraction: OCR (rendered-page OCR)] Thm # 7-7. ORDINANCE NO. 25-0-0033 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF WEST CHICAGO TO INCREASE THE NUMBER OF CLASS C-4 LIQUOR LICENSES (SPEEDWAY LLC, DBA SPEEDWAY #3994) WHEREAS, the City of West Chicago (hereinafter referred to as the “City”) is an Illinois home rule municipality organized, operated and existing pursuant to Section 6(a), Article VII of the 1970 Illinois Constitution; and WHEREAS, the City, as a home rule unit of government, may exercise any power and perform any function pertaining to its government affairs; and WHEREAS, the Illinois Liquor Control Act, 235 ILCS 5/1-1. et seq. (“Act”), describes the minimum regulation of liquor license establishments in the State of Illinois; and WHEREAS, Article IV of the Illinois Liquor Control Act of 1934, 235 ILCS 5/4-1, et seq., authorizes the City to license and regulate the sale of alcoholic liquor within its boundaries, and to determine the number, kind and classification of local liquor licenses, as well as the fees for such licenses and to provide such further regulations and restrictions on the issuance and operations pursuant to such local licenses; and WHEREAS, the City has adopted certain liquor license regulations designed to protect the health, safety and welfare, which regulations are codified in Chapter 3 of the West Chicago Municipal Code (“Liquor Code”); and WHEREAS, the City has determined that it is in the best interest of the public health, safety and welfare to increase the number of Class C-4 liquor licenses available in the City of West Chicago for the sale of packaged beer and wine only in gas station convenience stores for off-premises consumption; and WHEREAS, the Mayor and City Council of the City (hereinafter referred to as the “Corporate Authorities”) desire to update and revise the City’s Liquor Code as set forth herein and find that so doing is in the best interest of the City and consistent with the health, welfare and safety of City residents and visitors. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF WEST CHICAGO, DUPAGE COUNTY, ILLINOIS, IN THE EXERCISE OF ITS HOME RULE AUTHORITY, THAT THE CITY CODE BE AMENDED AS FOLLOWS, WITH ALL EXISTING PROVISIONS OF THE CITY CODE NOT SET FORTH BELOW CONTINUING IN FULL EFFECT AS PRESENTLY WRITTEN: SECTION 1. Recitals. The foregoing recitals are incorporated as though fully set forth herein. SECTION 2. Section 3-12 Amendment. That Chapter 3 (“Alcoholic Beverages”), Article II (“Licensing”), Section 3-12 (“Record Number of Licenses”) of the Code of Ordinances of the City of Page | of 3 ===== PDF PAGE 57 ===== [Extraction: OCR (rendered-page OCR)] West Chicago, Illinois, shall be and hereby is amended as follows (additions are in bold, redline and underlined; deletions in beld,redline-and-strikeeut), to increase the number of available Class C-4 liquor licenses, with all currently-existing provisions of the City Code remaining in full effect as written: Sec. 3-12. — Classifications. (c) There shall be no more than the following number of licenses issued for each class: Class C-4 ..... 34 SECTION 3. Severability. That this ordinance and every provision thereof shall be considered severable. If any word, phrase, clause, sentence, paragraph, provision, section, or part of this ordinance is found to be void, unconstitutional, or otherwise unenforceable, all remaining portions of this ordinance not so declared void, unconstitutional, or unenforceable shall remain in full force and effect. SECTION 4. Resolution of Conflicts. That all ordinances and resolutions, or parts thereof, in conflict with the provisions of this Ordinance are, to the extent of such conflict, expressly repealed. SECTION 5. Effective Date. That this ordinance shall be in full force and effect from and after its passage, approval and publication in the manner provided by law. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK; SIGNATURE PAGE FOLLOWS. ] Page 2 of 3 ===== PDF PAGE 58 ===== [Extraction: OCR (rendered-page OCR)] Adopted by the City Council of the City of West Chicago, DuPage County, Illinois this 215t day of July, 2025. VOTE: Alderman J. Alcantar-Garcia Alderman D. Beebe Alderman I. Santiago Alderman J. Sheahan Alderman D. Carreto-Mufioz Alderman A. Hallett Alderman S. Dimas Alderman M. Birch Ferguson Alderman C. Swiatek Alderman J. Smith, Jr. Alderman C. Avifia Soto Alderman R. Stout Alderman M. Myers Alderman J. Morano APPROVED as to form: City Attorney APPROVED this 21st day of July, 2025. Daniel Bovey, Mayor ATTEST: Valeria Perez, Executive Office Manager PUBLISHED: Page 3 of 3 ===== PDF PAGE 59 ===== [Extraction: OCR (rendered-page OCR)] Date: 5/20/2025 CITY OF WEST CHICAGO, ILLINOIS APPLICATION TO SERVE ON CITY BOARD OR COMMISSION NAME: Court Airhart HOME TELEPHONE: ADDRESS: 500 E. Roosevelt Road WORK TELEPHONE: 630-293-3000 ext. 145 CITY: West Chicago STATE: It ZIP: 60185 EMPLOYER: Airhart Construction Corp. JOB TITLE: President EMAIL ADDRESS: court@airhartconstruction.com HAVE YOU RESIDED IN WEST CHICAGO FOR OVER ONE (1) YEAR? © YES ©NO | am interested in serving on: Area of knowledge and/or expertise: 1 Building Board of Appeals 1 Computers 1 Civil Service Commission 1 Financial Mgmt. [1 Cultural Arts Commission 1 Pension Fund [¥Y] Economic Development Commission ¥| Land Use Planning 1 Environmental Commission 1 Graphics C1 Historical Preservation Commission tv] Real Estate 1 Plan Commission & Zoning Board of Appeals V1 Building Construction V1 Engineering £1 Community Groups 1 Other: EMPLOYMENT BACKGROUND: Involved in the residential building industry for over 40 years. EDUCATION BACKGROUND: Graduated from Wheaton College with a BA majoring in Economics WHAT OTHER QUALIFICATIONS DO YOU FEEL YOU HAVE TO OFFER THE ABOVE REFERENCED BOARD/COMMISSION? | have been involved in residential construciton and land development for over 40 years. | serve on the Northern Illinois Home Builders Association and the Home Builders and Remodelers Association of Illinois boards and am very involved in construction public policy. WOULD YOU BE ABLE TO ATTEND REGULARLY SCHEDULED MEETINGS? Yes For Office Use Only Copy Submitted to Mayor: Presented to City Council: Appointed to: Term of Office: From: to: Reappointment: From: to: Submit completed application to office of the Mayor: fax (630) 293-3028; email info@westchicago.org Call (630) 293-2200 ext. 170. ===== PDF PAGE 60 ===== [Extraction: OCR (rendered-page OCR)] LTtremn : GAA. Ane el A Professional Corporation Keri-Lyn J. Krafthefer ° 1979 N. Mill Street, Suite 207 kkrafthefer@ancelglink.com li nk Naperville, IL 60563 (P) 312.604.9126 www.ancelglink.com (F) 630.596.4611 MEMORANDUM To: West Chicago City Council CC: Tia Messino From: Keri-Lyn J. Krafthefer Subject: | Two Possible Law Firms for Greenhouse Litigation Date: July 17, 2025 We have been asked to provide two possible municipal law firms from which the City Council will select one to represent the City in the current litigation with Mayor Bovey and his wife over the greenhouse. Here are two law firms: David Freeman Robbins Schwartz https://robbins-schwartz.com/attorneys/david-j-freeman/ 630-929-3639 dfreeman@robbins-schwartz.com James Kelly Franks, Kelly, Matuszewich & Andrle, PC https://fkmalaw.com/attorney-james-kelly/ 847-854-7700 jpkelly@mkm-law.com CHICAGO ® VERNONHILLS ©® NAPERVILLE @® CRYSTALLAKE @® BLOOMINGTON @ MOLINE ===== PDF PAGE 61 ===== [Extraction: OCR (rendered-page OCR)] Trem * 4.B. ORDINANCE NO. 25-0-0021 AN ORDINANCE AMENDING CHAPTER 16, ARTICLE II OF THE CODE OF ORDINANCES OF THE CITY OF WEST CHICAGO TO INCREASE THE HOME RULE MUNICIPAL RETAILERS’ OCCUPATION TAX AND THE HOME RULE MUNICIPAL SERVICE OCCUPATION TAX WHEREAS, the City of West Chicago (hereinafter referred to as “City”) is an Illinois home rule municipality, established and existing under the laws of the state of Illinois pursuant to the Illinois Municipal Code, 65 ILCS 5/1-1-1 et seq.; and WHEREAS, Article VII, Section 6, of the Constitution of the State of Illinois of 1970, provides that municipalities of more than twenty five thousand (25,000) in population are home rule units and, subject to the specific limitations of Illinois law, may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, Section 8-11-1 of the Illinois Municipal Code, 65 ILCS 5/8-11-1, authorizes home rule municipalities to impose a tax upon all persons engaged in the business of selling tangible personal property, other than an item of tangible personal property titled or registered with an agency of this State's government, at retail in the municipality on the gross receipts from the sales made in the course of such business; and WHEREAS, Section 8-11-5 of the Illinois Municipal Code, 65 ILCS 5/8-11-5, authorizes home rule municipalities to impose a tax upon all persons engaged, in the City of West Chicago, in the business of making sales of service, of the selling price of all tangible personal property transferred by such servicemen either in the form of tangible personal property or in the form of real estate, as an incident to a sale of service; and WHEREAS, the City Council of the City has determined that in order to continue to provide high quality facilities, infrastructure and services to the residents of the City it is reasonable and in the best interests for the City to impose a Home Rule Municipal Retailers’ Occupation Tax and the Home Rule Municipal Service Occupation Tax; and WHEREAS, the City Council added a one-quarter percent (0.25%) home rule sales tax via Ordinance No. 07-O-0080 on or about September 17, 2007, another one-half percent (0.50%) via Ordinance No. 08-O-0019 on or about March 17, 2008, another one- quarter percent (0.25%) via Ordinance No. 18-O-0037 on or about July 2, 2018; and another one-half percent (0.50%) via Ordinance No. 23-O-0022 on or about July 17, 2023; and, WHEREAS, the State of Illinois has eliminated the one percent (1%) grocery tax once in place, thereby reducing the tax revenues available to the City to meet its statutory charges and the City’s total population declined after the 2020 Census Count, leading to decreased tax revenue that is tied to population size; and Ordinance 25-O-0021 Page 1 of 3 ===== PDF PAGE 62 ===== [Extraction: OCR (rendered-page OCR)] WHEREAS, in order to bridge tax revenue deficit created by the State’s actions, an increase of one-quarter percent (0.25%) is necessary in the home rule sales tax, bringing the total home rule sales tax rate to one-and-three-quarters percent (1.75%); and WHEREAS, the City Council of the City has determined that the incremental increase in the home rule sales tax, is necessary and in the best interests of the City. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of West Chicago, County of DuPage, Illinois, as follows: SECTION 1: That Article II, Section 16-16 entitled “Home Rule Municipal Retailers’ Occupation Tax” is herby amended to change the rate from one-and-one-half percent (1.50%) to one-and-three-quarters percent (1.75%). SECTION 2: That Article II, Section 16-17 entitled “Home Rule Municipal Service Occupation Tax” is herby amended to change the rate from one-and-one-half percent (1.50%) to one-and-three-quarters percent (1.75%). SECTION 3: The City Administrator is hereby directed, upon passage and approval of this Ordinance, to file a certified copy of this Ordinance with the Illinois Department of Revenue, so that the certified copy of this Ordinance is received by the Illinois Department of Revenue on or before October 1, 2025. SECTION 4: All ordinances and resolutions, or parts thereof, in conflict with the provisions of this Ordinance, to the extent of such conflict, are expressly repealed. SECTION 5: If any portion of this Ordinance is ruled or held to be unenforceable or invalid for any reason, the enforceability thereof shall not affect the remainder of the Ordinance, and the remainder of the Ordinance shall be construed as if not containing the particular provision and shall continue in full force, effect and enforceability; and SECTION 6: This Ordinance shall be in full force after its passage and publication as required by law; the Illinois Department of Revenue shall begin administering and enforcing the terms of this Ordinance as of January 1, 2026, or as soon after the adoption of this Ordinance as the Department of Revenue can commence collection hereof, pursuant to 65 ILCS 5/8-11-1 and 65 ILCS 5/8-11-5. Ordinance 25-O-0021 Page 2 of 3 ===== PDF PAGE 63 ===== [Extraction: OCR (rendered-page OCR)] PASSED this 21* day of July, 2025. Alderman J. Alcantar-Garcia Alderman S. Santiago Alderman D. Carreto-Mufioz Alderman S. Dimas Alderman C. Swiatek Alderman C. Avifia Soto Alderman M. Myers APPROVED as to form: Alderman D. Beebe Alderman J. Sheahan Alderman A. Hallett Alderman M. Birch Ferguson Alderman J. Smith, Jr. Alderman R. Stout Alderman J. Morano City Attorney APPROVED this 21* day of July, 2025. Mayor Daniel Bovey ATTEST: Executive Office Manager Valeria Perez PUBLISHED: Ordinance 25-O-0021 Page 3 of 3 LTT ===== PDF PAGE 64 ===== [Extraction: OCR (rendered-page OCR)] Trem #4.C, ORDINANCE NO. 24-0-00024 AN ORDINANCE OF THE CITY OF WEST CHICAGO AMENDING THE CITY CODE RELATED TO LEGAL SERVICES WHEREAS, the City of West Chicago (the “City”) is a home rule municipal corporation located in DuPage County, Illinois, organized and operating pursuant to the Constitution and laws of the State of Illinois; and WHEREAS, the City desires to amend the City Code to amend the City Code related to legal services; and WHEREAS, the Corporate Authorities have determined that it is in the best interests of the City to amend the City Code to create a legal office. NOW THEREFORE, be it ordained by the City Council of the City Of West Chicago, DuPage County, Illinois as follows: SECTION 1. RECITALS, The foregoing recitals are hereby incorporated into this Ordinance as though fully set forth in this Section 1. SECTION 2. OFFICE OF CORPORATION COUNSEL Chapter 2, (“Administration”), Division 2 (“Office of Corporation Counsel”) of the City Code of West Chicago shall be, and hereby is, amended as follows: Section 2-146 — Office of Corporation Counsel Created The office of corporation counsel of the city is hereby created. The mayor shall, by and with the advice and consent of the city council, appoint the corporation counsel. The corporation counsel shall be an independent contractor who is a lawyer or law firm with attorneys licensed to practice law in the State of Illinois. The corporation counsel may assign City legal work to special counsel from time-to-time, under the supervision of the corporation counsel. Section 2-147 — Compensation The corporation counsel shall feocive as compensation the suin-of three thousand dollars counting inane receive an hourly a rate as 3s from| tine to ‘imme set by the council for legal services performed. Section 2-149 (new) — Legislative Counsel ===== PDF PAGE 65 ===== [Extraction: OCR (rendered-page OCR)] Legislative Counsel. There is hereby created the position of legislative counsel, which shall be an independent contractor who is a lawyer or law firm with attorneys licensed to practice law in the State of Illinois. Legislative counsel shall be hired by a majority vote of the corporate authorities. Legislative counsel shall be independent of the Corporation Counsel and shall serve the City Council. Legislative counsel shall have the following duties: () To advise the City Council regarding issues involving its legislative duties; and (2) __ To provide opinions on the powers of the legislative branch and provide advice on matters within the purview of the legislative branch of municipal government. The Legislative Counsel shall not replace or usurp the powers of the Corporation Counsel. Legislative counsel shall be compensated at an hourly rate not to exceed the hourly rate of corporation counsel, up to a cap not to exceed of $1,000 per month. SECTION 3. RESOLUTION OF CONFLICTS. All ordinances and parts of ordinances in conflict with this Ordinance are hereby repealed to the extent necessary to give effect to the provisions of this Ordinance. SECTION 4. SAVINGS CLAUSE. This Ordinance and every provision thereof shall be considered severable. If any word, phrase, clause, sentence, paragraph, provision, section, or part of this Ordinance is found to be void, unconstitutional, or otherwise unenforceable, all remaining portions of this Ordinance not so declared void, unconstitutional, or unenforceable shall remain in full force and effect. SECTION 5. EFFECTIVENESS. This Ordinance will be in full force and effect upon passage, approval and publication in pamphlet form in the manner provided by law. ===== PDF PAGE 66 ===== [Extraction: OCR (rendered-page OCR)] Passed this day of 2025 Alderman J. Alcantar-Garcia Alderman D. Beebe ee Alderman S. Santiago _ Alderman J. Sheahan ee Alderman D. Carreto-Mufioz Alderman A. Hallett ee Alderman S. Dimas _ Alderman M. Birch Ferguson Alderman C. Swiatek ee Alderman J. Smith, Jr. ee Alderman C. Avifia Soto _ Alderman R. Stout ee Alderman M. Myers ee Alderman J. Morano ee Approved this day of 2025. Mayor Daniel Bovey City of West Chicago Executive Office Manager City of West Chicago ===== PDF PAGE 67 ===== [Extraction: OCR (rendered-page OCR)] Lrem # 4. D. RESOLUTION NO. 25-R-0049 A RESOLUTION APPROVING A CERTAIN EMPLOYMENT AGREEMENT WITH COLIN M. FLEURY — CHIEF OF POLICE BE IT RESOLVED by the City Council of the City of West Chicago, in regular session assembled, that a certain Employment Agreement by and between Colin M. Fleury and the City of West Chicago is approved and the Mayor is hereby authorized to execute the certain Employment Agreement, in substantially the form which is attached hereto and incorporated herein as Exhibit “A”. APPROVED this 7" day of July, 2025. AYES: NAYES: ABSTAIN: ABSENT: Mayor Daniel Bovey ATTEST: Executive Office Manager Valeria Perez ===== PDF PAGE 68 ===== [Extraction: OCR (rendered-page OCR)] EMPLOYMENT AGREEMENT This Agreement, made and entered into as of the 21st day of July, 2025 by and between the City of West Chicago, an Illinois home rule municipal corporation (sometimes hereinafter referred to as the "City") and Colin M. Fleury (sometimes hereinafter referred to as "Fleury"). WITNESSETH WHEREAS, the corporate authorities of the City are authorized to enter into this Agreement pursuant to the authority contained in 65ILCS 5/8 -1- 7; and, WHEREAS, the City desires to employ the services of Fleury as the Chief of Police of the City, as provided for by the ordinances of the City; and, WHEREAS, it is the desire of the City to provide certain benefits and to set working conditions for Fleury; and, WHEREAS, the purpose of this Agreement is to: (1) Secure and retain the services of Fleury and to provide inducement for him to remain in such employment; (2) To make possible full work productivity by assuring Fleury's morale and peace of mind with Respect to Future Security; (3) Act as a deterrent against malfeasance or dishonesty for personal gain on the part of Fleury; and, (4) Provide a just means of terminating Fleury's services should such become necessary; in the sole opinion of the City and, WHEREAS, Fleury desires to accept employment as Chief of Police of the City upon the terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of the foregoing recitals and of the covenants and conditions hereinafter contained, the adequacy and sufficiency of which the Parties hereto hereby stipulate, the Parties hereto agree as follows: Section 1 Duties The City agrees to employ Fleury as Chief of Police of the City for the term identified in Section 2, subject to the terms of this Agreement. Fleury agrees to be employed as Chief of Police of the City and to perform the functions and duties of said office in accordance with the ordinances of the City, the Job Description attached as Exhibit "A" and any other resolutions, rules and regulations and policies of the City in effect as of the effective date of this Agreement and those hereafter adopted or instituted by the City as the case may be, pertaining to the duties and responsibilities of the Chief of Police, and to perform such other legally permissible and proper duties and functions as the City Administrator shall from time to time assign. ===== PDF PAGE 69 ===== [Extraction: OCR (rendered-page OCR)] Section 2. Term The term of this Agreement shall commence August 1, 2025 and shall terminate at midnight on July 31, 2027, unless terminated earlier, subject to the conditions provided in Section 3 of this Agreement. Nothing in this Agreement shall prevent, limit or otherwise interfere with the rights of the City to terminate the services of Fleury at any time or the right of Fleury to resign at any time from his position with the City, subject to the provisions set forth in Section 3 of this Agreement. Section 3. Rights Upon Termination A. In the event Fleury is terminated without cause, under this Section A, by the City during the term of this Agreement, the City agrees to compensate Fleury for twelve (12) weeks of base salary. This compensation shall be paid in one lump sum with the next regularly-scheduled payroll with all required deductions taken by the City. Fleury shall also receive twelve (12) weeks of continued health and dental insurance, with the City paying the Employer portion of the Premium. B. In the event Fleury is terminated for cause, including because of a conviction for any illegal act involving personal gain to Fleury or involving moral turpitude, then the City shall have no obligation to pay the severance package detailed in Section 3(A) above and can immediately terminate the Agreement with no prior notice and without any further obligations, other than those imposed by law. C. Further, in the event Fleury shall be charged or arrested for the violation of any criminal law or statute which, in the opinion of the Mayor or City Administrator, would reflect unfavorably upon said City, or in any way interfere with Fleury's ability to discharge the duties of his position, then the City may request and, upon such a request, Fleury shall accept a leave of absence without pay pending a final determination of the criminal charges brought against Fleury. During this unpaid leave of absence, no benefit time will accrue and Fleury shall be responsible for paying 100% of his health and dental insurance Premiums; also, during this leave of absence, the City will not contribute towards the City funded deferred compensation plan and car allowance and Fleury will not have access to the City's network and will need to return the City issued mobile communication device. Should Fleury be cleared of all wrongdoing in connection therewith he shall be restored to his Position and all amounts of pay and other benefits pending shall be promptly paid to him on the next regularly scheduled payroll; at that same time, all benefit time that would have accrued during Fleury's leave of absence shall be added to his accrued leave time bank(s), and Fleury shall be reimbursed for the Employer portion of health and dental insurance Premiums paid by Fleury while on said leave of absence. D. In the event the City refuses, following written notice, to comply with any provision herein, Fleury may at his option, be deemed to be "terminated" at the date of such refusal to comply within the meaning and context of the benefits described in Sections 3(A). ===== PDF PAGE 70 ===== [Extraction: OCR (rendered-page OCR)] Upon a recommendation by the Mayor or City Administrator that Fleury resign, and upon a majority vote of the Corporate Authorities, then Fleury may, at his option, be deemed to be "terminated" as provided for herein. The Mayor may also opt to remove Fleury from office pursuant to the provisions of the Illinois Municipal Code. Fleury would then be eligible for the severance package as described in Section 3 (A). In the event Fleury voluntarily resigns his position with the City before the expiration of this Agreement, then Fleury shall give the City thirty (30) days' written notice unless such notice requirement is waived or modified by mutual written agreement between Fleury and the City. During the term of this Agreement, Fleury shall continue to serve as Chief of Police until such point in time as either Party takes action to the contrary. Should this Agreement not be renewed at the discretion of the City, Fleury may at his option be deemed to be "terminated" as provided for herein. Upon separation of employment, for any reason, Fleury shall tender to the City Administrator or his designee all of Fleury's Access Codes to the City's information technology network and all passwords to any other City information technology network, software, database and electronic program to which Fleury had access as Chief of Police, and all City property, including, but not limited to, his City issued uniform, City vehicle, keys, books, records, laptop computer, office equipment, mobile communication device, etc. Fleury shall be responsible for providing his own firearm(s), but otherwise will be equipped under the City's quartermaster system for sworn police officers. Section 4. Salary and Benefits A. The City agrees to pay Fleury for his services rendered pursuant to this Agreement at an annual base salary ("Base Salary") of $194,941.97 + $3,250 (remaining vehicle stipend) for a new base salary of $198,191.97. If Fleury’s performance under this contract is satisfactory, Fleury shall receive the same cost of living adjustments as are given to other non-union City employees, beginning January 1, 2026. This adjustment shall occur at the same time as the non-union City employees' annual salary adjustments take effect. Upon completing one year under this new contract, subject to a positive performance evaluation, Fleury will have the same eligibility for a merit increase as non-union City employees going forward. Except as provided for herein, Fleury shall receive all of the same fringe benefits as may be provided by the City to non-union positions and as detailed in the City's Personnel Manual. ===== PDF PAGE 71 ===== [Extraction: OCR (rendered-page OCR)] As a Participant in another Pension Fund established under the provisions of the Illinois Pension Code, Fleury agrees he will not participate in the West Chicago Police Pension Fund while employed by the City. Instead, the City will contribute the maximum amount of the normal contribution limit allowable under an ICMA- RC 457 Deferred Compensation Plan Account and the maximum amount of the Age 50 (or Age 60-63 if applicable) Catch-up Limit in accordance with the annually adjusted retirement plan contribution limits, following the execution of the contract, in equal installments (twice monthly) to an ICMA-RC Plan agreeable to both Fleury and the City. Fleury shall only participate in an HMO Health Insurance Plan while working for the City, so long as such is made available to him. A Dental Insurance Plan will be made available to Fleury. Fleury shall earn 1.6667 days per month of vacation time (20 days per full calendar year). Fleury shall be considered an exempt employee under the provisions of the Fair Labor Standards Act. The City shall create a new VEBA Classification for Police Chief with 5% of Fleury’s paycheck deposited every other week, and at separation 100% of vacation would be added. At separation a portion of remaining sick leave would be added based on years of continued service from August 1, 2025. ° 0 Years: 25% of Sick Leave up to 120 hours ° 4 Years: 50% of Sick Leave up to 240 hours ° 8 Years: 75% of Sick Leave up to 360 hours ° 12 Years: 100% of Sick Leave up to 480 hours Section 5. Performance Evaluation A. The City Administrator shall review and evaluate the performance of Fleury at least once annually. If, at the time for the annual review, there is a vacancy in the position of City Administrator, the Acting City Administrator shall perform the review. Failure to Conduct said annual Review shall not impact or impair the rights of Fleury herein. The City Administrator shall define such goals and performance objectives as he determines necessary for the proper operation of the City and Police Department and in the attainment of the Mayor's and City Council's policy objectives. The City Administrator shall further establish a relative priority among those various goals and objectives, said prioritized goals and objectives to be reduced to writing. These goals and objectives shall be reviewed from time to time by the City Administrator and Fleury, said review to occur not less frequently than once a year. Further, the goals and objectives thus determined shall generally be attained within specified ===== PDF PAGE 72 ===== [Extraction: OCR (rendered-page OCR)] time limitations which may be defined by the annual operating and capital budgets. Section 6. Residency Fleury shall not be required to reside in the City. Section 7. Automobile and Mobile Communication Device Due to the nature of the duties of the position, the City shall provide Fleury with a police vehicle for his use. Fleury shall be permitted to drive the vehicle to and from his home and to use the vehicle for nominal personal use. The City shall provide a mobile communication device to Fleury; said device may be used for limited personal business. Section 8. Dues and Subscriptions Taking into account any budget constraints, the City agrees to budget and pay the reasonable professional dues and subscriptions of Fleury necessary for his continuation and full participation in national, regional, state and local associations and organizations necessary and desirable for his continued professional participation, growth, and advancement, and for the good of the City, as determined by the City. Section 9. Professional Development The City agrees to budget and pay the reasonable registration, travel, sustenance and related expenses of Fleury to enable him to continue his professional development and pursue necessary official functions of the City and for the City. Section 10. Notices All notices provided for herein shall be in writing and shall be personally delivered or mailed by registered or certified United States mail, postage prepaid, return receipt requested, to the Parties at the addresses given below or at such other addresses that may be specified by written notice in accordance with this paragraph: If to the City: City Administrator City of West Chicago 475 Main Street West Chicago, IL 60185 If to Chief of Police: Colin M. Fleury Should Fleury change his address, he shall notify the City within seven (7) calendar days ===== PDF PAGE 73 ===== [Extraction: OCR (rendered-page OCR)] of any such changes. Section 11. | General Provisions A. B. E. Amendments to this Agreement shall be in writing, signed by both Parties. The text herein shall constitute the entire agreement between the Parties and all other oral and written past agreements and understandings between the Parties are superseded by this Agreement. This Agreement shall be binding upon and inure to the benefit of the heirs at law and executors of Fleury. If any provision, or any portion thereof, contained in this Agreement is held to be unconstitutional, invalid, or unenforceable, the remainder of this Agreement or portion thereof, shall be deemed severable, shall not be affected, and shall remain in full force and effect. This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois. IN WITNESS WHEREOF, the City of West Chicago has caused this Agreement to be signed and executed on its behalf by its Mayor, approved as to form by the City Attorney, and the Chief of Police has signed and executed this Agreement, both in duplicate, the day and year first above written. ATTEST: Mayor Dan Bovey Colin M. Fleury ===== PDF PAGE 74 ===== [Extraction: OCR (rendered-page OCR)] Employment Agreement Exhibit A POLICE CHIEF DEFINITION To plan, direct, manage and oversee the activities and operations of the Police Department including crime prevention, patrol operations, criminal investigations, City and County-wide records management systems, administrative adjudication and other law enforcement efforts; to coordinate assigned activities with other city departments and outside agencies; and to provide highly responsible and complex administrative support to the City Administrator. SUPERVISION RECEIVED AND EXERCISED Receives administrative direction from the City Administrator. Exercises direct supervision over supervisory, professional, technical and clerical staff. EXAMPLES OF IMPORTANT RESPONSIBILITIES AND DUTIES--Jmportant responsibilities and duties may include, but are not limited to, the following: Assume full management responsibility for all Police Department services and activities including maintenance of law and order, protection of life and property, regulation of traffic, apprehension, arrest and detention of law violators, and maintenance of police records (City as well as County-wide via DuPage Justice Information System - DuJIS); recommend and administer policies and procedures. Manage the development and implementation of Police Department goals, objectives, policies, and priorities for each assigned service area; establish, within City policy and established budgetary guidelines, appropriate service and staffing levels; allocate resources accordingly. Continuously monitor and evaluate the efficiency and effectiveness of service delivery methods and procedures; assess and monitor workload, administrative and support systems, and internal reporting relationships; identify opportunities for improvement; direct the implementation of changes. Represent the Police Department to other City departments, elected officials DUCOMM. DuPage County Chiefs of Police Association and other outside agencies; explain, justify and defend Police Department programs, policies, and activities; negotiate and resolve sensitive, significant and controversial issues. Train, motivate and evaluate Police Department personnel; provide or coordinate staff training; work with employees to correct deficiencies; direct personnel investigations ===== PDF PAGE 75 ===== [Extraction: OCR (rendered-page OCR)] Employment Agreement Exhibit A regarding police actions; implement discipline and termination procedures. Initiate internal investigations when appropriate and provide corrective action as needed. Mentor Command Staff regarding duties and nuances of executive-level police leadership positions. Plan, direct and coordinate, through subordinate level managers, the Police Department's work plan and administrative adjudication operations; meet with management staff to identify and resolve problems; assign projects and programmatic areas of responsibility; review and evaluate work methods and procedures. Manage and participate in the development and administration of the Police Department budget; direct the forecast of additional funds needed for staffing, equipment, materials, and supplies; direct the monitoring of and approve expenditures; direct the preparation of and implement budgetary adjustments as necessary. Ensure the patrol schedule is administered in a balanced manner that satisfies the needs of both the Department and the officers in accordance with the Collective Bargaining Agreement. Coordinate Police Department activities with those of other departments and outside agencies and organizations; provide staff assistance to the City Administrator and City Council; prepare and present staff reports and other necessary correspondence. Serve as staff liaison to the Public Affairs Committee; participate on a variety of boards, committees and commissions; attend and participate in professional group meetings; stay abreast of new trends and innovations in the field of law enforcement. Confer with citizens and City officials on law enforcement problems and assist in the development of innovative municipal law enforcement policies. Attend civic, professional, service and community group meetings at schools, churches and other places of public gatherings; explain the activities and functions of the Police Department; establish favorable public relations. Review and analyze reports, Federal and State legislation, court cases, and related matters; prepare written summaries of new legislation and court decisions that impact Department and/or City operations and administration for the City Administrator; contribute to the initial responses for legal actions. Serve as the Police Department's representative to print and television media; prepare and issue press releases; develop and implement policies regarding contact with the media. Participate in labor negotiations; maintain effective working relationship with Union Leadership; possess expertise in facilitating labor-management meetings. ===== PDF PAGE 76 ===== [Extraction: OCR (rendered-page OCR)] Employment Agreement Exhibit A Respond to and resolve difficult and sensitive citizen inquiries and complaints regarding police services and activities. Review all personnel injury and accident investigation reports for submission to Department of Administrative Services staff. Understand and adhere to the City's Risk Management and Loss Prevention Programs, practices and policies. Oversee grant applications and grant awards. Administer and manage the submission, accounting and disbursement of Federal and State drug funds. Adhere to the Early-Return-to-Work Program. Serve as Chair of the City's Executive Safety Committee or delegate that role to a member of the Department's Command Staff. Hold supervisors accountable for risk management. Perform related duties and responsibilities as required. QUALIFICATIONS Knowledge of: Operational characteristics, services and activities of a comprehensive municipal law enforcement program. Organizational and management practices as applied to the analysis and evaluation of programs, policies and operational needs. Law enforcement and crime prevention theory, principles and practices and their application to a wide variety of services and activities. Technical and administrative phases of crime prevention and law enforcement including investigation and identification, patrol, traffic control, administrative adjudication, records management, care and custody of persons and property, and environmental protection. Pertinent Federal, State and local laws, codes and regulations. Freedom of Information Act requirements, requests and responses. ===== PDF PAGE 77 ===== [Extraction: OCR (rendered-page OCR)] Employment Agreement Exhibit A Civil Service administration, rules and regulations. Examination and application processes and procedures for the establishment of sergeant and police officer eligibility lists. Use of firearms and other modern police equipment. Modern and complex principles and practices of program development and administration. Advanced principles and practices of municipal budget preparation and administration. Principles and techniques of positive public relations. Principles of supervision, training and performance evaluation. Safe work practices. Ability to: Provide administrative and professional leadership and direction for the Police Department. Plan, organize, direct and coordinate the work of supervisory, professional, and technical personnel; delegate authority and responsibility. Supervise, train and evaluate staff. Identify and respond to community and City Council issues, concerns and needs. Develop, implement and administer goals, objectives, and procedures for providing effective and efficient law enforcement services. Properly interpret and make decisions in accordance with laws, regulations and policies. Meet the physical requirements necessary to safely and effectively perform the assigned duties. Act quickly and calmly in emergencies. Prepare and administer a budget; allocate limited resources in a cost-effective manner. 10 ===== PDF PAGE 78 ===== [Extraction: OCR (rendered-page OCR)] Employment Agreement Exhibit A Analyze problems; identify alternative solutions, project consequences of proposed actions and implement recommendations in support of goals. Research, analyze, and evaluate new service delivery methods, procedures and techniques. Prepare clear and concise administrative and financial reports. Interpret and apply Federal, State and local policies, procedures, laws and regulations. Communicate clearly and concisely, both orally and in writing. Establish and maintain effective working relationships with those contacted in the course of work including city and other government officials, community groups, the general public, and media representatives. Experi L Traini Any combination of experience and training that would likely provide the required knowledge and abilities is qualifying. A typical way to obtain the knowledge and abilities would be: Experience: Fifteen years of progressively responsible experience in municipal police work, including at least five years in an administrative capacity. Training: Equivalent to a Bachelor's Degree from an accredited college or university with major course work in police science, public or business administration or a related field. Graduation from a senior police management and leadership program such as the Northwestern School of Police Staff and Command, the F.B.I. National Academy or the Southern Police Institute's Command Officers Development Course. License or Certificate: Possession of, or ability to obtain, an appropriate, valid driver's license. Possession of, or ability to obtain, a certification from the Illinois Law Enforcement Training and Standards Board. 11 ===== PDF PAGE 79 ===== [Extraction: OCR (rendered-page OCR)] Employment Agreement Exhibit A Possession of, or ability to obtain, a Firearms Owner Identification Card from the Illinois State Police. TOOLS AND EQUIPMENT USED Police car, police radio, radar gun, handgun, Taser and other weapons as required, baton, handcuffs, body worn camera, cell phone, first aid equipment, personal computer including word processing software. PHYSICAL DEMANDS The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is frequently required to sit and talk or hear. The employee is occasionally required to stand; walk; use hands to finger, handle, or operate objects, controls, or tools listed above; reach with hands and arms; climb or balance; stoop, kneel, crouch, or crawl; and taste or smell. The employee must occasionally lift and/or move more than 50 pounds. Specific vision abilities required by this job include close vision, distance vision, color vision, peripheral vision, depth perception, and the ability to adjust focus. WORK ENVIRONMENT The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee frequently works in outside weather conditions. The employee occasionally works near moving mechanical parts; in high, precarious places; and with explosives and is occasionally exposed to wet and/or humid conditions, fumes or airborne particles, toxic or caustic chemicals, extreme cold, extreme heat, and vibration. The noise level in the work environment is usually moderate. 12 ===== PDF PAGE 80 ===== [Extraction: OCR (rendered-page OCR)] Trem # G. eE. RESOLUTION NO. 25-R-0051 A RESOLUTION APPROVING A CERTAIN EMPLOYMENT AGREEMENT WITH TIA MESSINO — INTERIM CITY ADMINISTRATOR BEIT RESOLVED by the City Council of the City of West Chicago, in regular session assembled, that a certain Employment Agreement by and between Tia Messino and the City of West Chicago is approved and the Mayor is hereby authorized to execute the certain Employment Agreement, in substantially the form which is attached hereto and incorporated herein as Exhibit “A” APPROVED this 21* day of July, 2025. AYES: NAYES: ABSTAIN: ABSENT: Mayor Daniel Bovey ATTEST: Executive Office Manager Valeria Perez ===== PDF PAGE 81 ===== [Extraction: OCR (rendered-page OCR)] AGREEMENT FOR SERVICES AS INTERIM CITY ADMINISTRATOR FOR THE CITY OF WEST CHICAGO THIS AGREEMENT made this day of July, 2025, between THE CITY OF WEST CHICAGO (“CITY”), an Illinois municipal corporation, and TIA MESSINO, as Interim City Administrator (collectively “the Parties”). WHEREAS, the Parties desire to enter into an Agreement to govern the terms and conditions of Messino’s relationship with the City, as set forth in this Agreement, during her term as Interim City Administrator. NOW, THEREFORE, in consideration of the mutual covenants stated herein, including the foregoing recitals set forth above, and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. Term of Agreement. The City hereby engages Messino to serve as Interim City Administrator for a term commencing on July 8, 2025 and terminating at such time as the City hires a permanent City Administrator or the Agreement is terminated prior to that date as set forth below, but in no event later than the first meeting of the City Council in February, 2026. During the term of the Agreement, Messino shall continue to be an employee of the City and continue in her existing functions and offices until such time as those duties (e.g., Assistant City Administrator) are reassigned. 2. Compensation and Benefits. A. Compensation for 2025 for Interim City Administrator Position. While Messino serves as Interim City Administrator in 2025, the City agrees to pay Messino an annual salary rate of $178,179.71, paid in accordance with the City’s usual and customary payroll practices and subject to payroll deductions and withholding for the time period of July 7, 2025 through December 31, 2025. This amount represents Messino’s current salary as Assistant City Administrator ($148,483.09) plus an additional twenty percent (20%) on top of that for the time period for which she serves as Interim City Administrator. This shall be the rate of pay for the duration of the time that she serves as the Interim City Administrator from July 8, 2025 until December 31, 2025, at which time her pay will be increased under the City’s usual raise structure. B. 2026 Raise for Assistant City Administrator Position: Effective January 1, 2026, Messino will qualify for a standard merit and cost of living wage increase for her position as Assistant City Administrator. Because Messino has agreed to perform additional and new services for the City on an interim basis as Interim City Administrator, the City understands and agrees that Messino has been prevented from completing all of her goals as Assistant City Administrator because she is performing additional duties as Interim City Administrator. In recognition of these additional duties, Messino qualifies for the highest merit salary increase percentage that will be awarded to City employees for 2026, in addition to qualifying for the 2026 COLA increase. Therefore, Messino’s salary for the position of Assistant City Administrator for 2026 will be her salary for 2025 plus the highest merit increase plus a cost of living adjustment, plus an additional twenty percent (20%) on top of that total with the 20% applied only when serving as Interim City Administrator. ===== PDF PAGE 82 ===== [Extraction: OCR (rendered-page OCR)] C. Return to Assistant Position. As this is an interim position, if Messino is not appointed to be the permanent City Administrator, at her option, she may return to her position as the Assistant City Administrator with all the accumulated benefits and at the rate of pay she would have accrued had she remained as the Assistant City Administrator for the same period, with the exception that going forward, Messino will receive an extra five vacation days per year that will vest immediately upon the City’s appointment of a Permanent City Administrator; said vacation days shall begin accruing in July 2025. The Parties acknowledge that, from the time period of May 5, 2025 to July 7, 2025, Messino assumed additional responsibilities that she would not have usually performed in her role as Assistant City Administrator. Therefore, for that period of time, the City will pay Messino the lump sum of $5,139.792, which is to be paid on the payroll following the approval of this agreement 3. Duties. Messino shall have those powers and duties that are delegated to the City Administrator by the West Chicago City Code and State Statute and she shall perform such other legally permissible and proper duties and functions as the Mayor and City Council may assign from time to time. The Mayor will have the authority to designate an acting administrator during any period when Messino is unavailable. Messino shall attend all regular and special meetings of the City Council, unless excused by the Mayor, and she shall provide Council meeting packets and documents for the Council’s review at least three (3) days prior to any scheduled regular or special Council meeting. Messino shall manage and monitor all current projects, respond to emergencies and Council directives which are within the scope of this position as provided herein and attend to any additional duties agreed upon by the Parties. Messino shall be an exempt employee for purposes of the Fair Labor Standards Act, expected to work enough hours to accomplish all her duties to the satisfaction of the City Council, typically 40 hours per week on a flexible schedule. 4. Termination of Agreement. This Agreement will expire upon the City Council’s appointment of permanent City Administrator. Either party may terminate this Agreement at any time upon 30 days’ notice or the parties may mutually agree to terminate the agreement allowing Messino to return to the Assistant City Administrator position. The City may terminate Messino’s employment for just cause, defined as willful misconduct, gross negligence, or material breach of this Agreement, following written notice and an opportunity to respond. If terminated for reasons other than just cause, Messino shall have the right to return to her Assistant City Administrator position under the terms set forth in Section 2(C). 5. Non-Disclosure of Information. The Parties acknowledge that the City maintains personal and confidential information regarding its own business and/or that of its residents that may become known to Messino. Messino agrees that she will not disclose to anyone or use for her own benefit any of such personal and/or confidential information. 6. Intellectual Property Rights/Ownership. Messino acknowledges and expressly agrees that all intellectual property rights (including but not limited to: copyright, patent, and trademark) that may be had in any work created by the Interim City Administrator during the term of this Agreement stemming from or having a substantial nexus to her duties as Interim City ===== PDF PAGE 83 ===== [Extraction: OCR (rendered-page OCR)] Administrator shall be the sole property of the City. The City shall be the sole owner of any such works and may use them for any lawful purpose. 7. Attorney Review. Messino certifies that she has been informed by the City, through the terms of this Agreement, that she was advised to review and discuss the terms of this Agreement with an attorney of her choice prior to signing this Agreement. 8. Entire Agreement. This Agreement contains the entire agreement between the Parties and supersedes any prior written or oral agreements of the Parties, with respect to the subject matter of this Agreement, and no amendment or other modification of this Agreement shall be binding on any party unless in writing and signed by the party against whom enforcement is sought. 9. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois and rights and obligations of the Parties under this Agreement shall be binding upon and inure to the benefit of their respective heirs, successors, assigns, and legal representatives. Any controversy or claim relating to this Agreement shall be brought in the Circuit Court of DuPage County, Illinois. Both Parties waive any right to a jury trial. 10. Indemnification. The City shall defend and indemnify Messino to the fullest extent permitted by law for any claims arising from acts or omissions within the scope of her duties, except for those arising from willful misconduct or criminal activity. 11. —_ Severability. If any provision of this Agreement is found to be invalid, illegal, or unenforceable in any respect under applicable law, the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired in any way. In such event, the Parties agree to negotiate in good faith to replace the invalid or unenforceable provision with a valid and enforceable provision that most closely reflects the original intent of the Parties. 12. _—_ Recitals. The recitals to this Agreement are incorporated by this reference. IN WITNESS WHEREOPF, the Parties have executed this Agreement on the day and year first written above. CITY OF WEST CHICAGO INTERIM CITY ADMINISTRATOR By: By: Date: , 2025 Date: , 2025