Committee of the Whole

CITY COUNCIL COMMITTEE OF THE WHOLE MEETING AGENDA FEBRUARY 25, 2026|6:00 PM CITY COUNCIL CHAMBERS Call to Order Roll Call Approval of Minutes of Previous Meeting – February 11, 2026 Public Comment Items on Both Agendas A. Various East Side Streets 2025 Resurfacing Project—Change Order No. 1 and Final ($88,054) Objective: Authorizing funding approval for the completion of the additional scope of work items for various residential streets, cemetery roadways and city-owned alleys under Bid 25-038. B. Fire Department Emergency Medical Services (EMS) Purchase—Training Mannequins ($77,928) Objective: Obtain state-of-the-art emergency medical services (EMS) training mannequins and related supplies for enhanced training in the fire department’s EMS simulation lab. Initiatives and Other Items C. Super Vac Battery-Powered Ventilation Fans—Purchase (Seven Units) ($36,953) Objective: Replace obsolete ventilation fans with modern, battery-powered fans. D. Retailer Single-Use Plastic Bags Regulation ($18,000) Objective: Provide information on consumer and retail business reactions to a proposed ordinance imposing a ban of the use of single-use plastic bags by certain retailers at check- out, while allowing consumers to purchase recycled paper bags at ten cents each with those fees being retained by the retailer to offset costs. Committee of the Whole Agenda – February 25, 2026 Page 2 E. Water Pitcher Filter Distribution and Water Sampling—Agreement with 120Water ($95,188) Objective: Provide services required by the Illinois Environmental Protection Agency and the United States Environmental Protection Agency during the city’s implementation of the optimal corrosion control treatment study. F. Midwest Academy of TaeKwon-Do—Recreation Services Agreement ($27,000) Objective: Provide patrons of the Edward Schock Centre of Elgin with quality martial art classes. G. Property Tax Abatement for the 2026 Adopted Budget (No Cost) Objective: Adopting ordinances for abating taxes for the property tax levy consistent with the adopted budget. H. General Obligation Corporate Purpose Bonds—Sale to Finance Utility Fund Projects (Up to $26,936,550) Objective: Obtaining funding for financing the improvement of underground utilities. I. 1425 Gifford Road—Public Improvements and Easement Acceptance (No Cost) Objective: Fulfill the city’s obligation to maintain reliable infrastructure for serving busi- nesses and residents. J. Highland Woods Subdivision Neighborhood G & I—Acceptance of Public Improvements ($36,500 Estimated Five-Year Maintenance Cost) Objective: Fulfill the city’s obligation to maintain reliable infrastructure for serving busi- nesses and residents. K. Hemmens South Temporary Drive Storm Sewer – Job Order Contract Change Order No. 1 ($20,650) Objective: To allow for storm sewer repair construction revisions required due to the pres- ence of unknown utility conflicts. L. Discussion on Adopting an Ordinance to Support and Foster Inclusivity and Diversity in the City of Elgin (Councilmembers Alfaro and Dixon) Councilmember Alfaro (with Councilmember Dixon as her second) is requesting an agenda item to discuss the adoption of an ordinance that codifies existing policies on local coop- eration with federal civil immigration enforcement, creates a municipal ID program, ad- dresses language access, provides for the development of an inclusive procurement plan, and establishes an immigrant legal defense fund. Announcements from Council Announcements from Staff Committee of the Whole Agenda – February 25, 2026 Page 3 Adjournment PLEASE NOTE: The City of Elgin is subject to the requirements of the Americans with Disabilities Act of 1990. Individ- uals with disabilities who plan to attend this meeting and who require certain accommodations in order to allow them to observe and/or participate in this meeting, or who have questions regarding the accessibility of the meeting or the facilities, are requested to contact the Human Resources Department at (847) 931-6076 or TT/TDD (847) 931- 5616 promptly to allow the City of Elgin to make reasonable accommodations for those persons. AGENDA ITEM: A MEETING DATE: February 25, 2026 ITEM: Various East Side Streets 2025 Resurfacing Project—Change Order No. 1 and Final ($88,054) OBJECTIVE: Authorizing funding approval for the completion of the additional scope of work items for various residential streets, cemetery roadways and city-owned alleys under Bid 25-038. RECOMMENDATION: Approve change order No. 1 and final with Everlast Blacktop of Elgin in the amount of $88,054 for the Various East Side Streets 2025 Resurfacing Project. During the construction of the Various East Side Streets 2025 Resurfacing Project, staff were pre- sented with opportunities to advance several outstanding pavement maintenance issues that ul- timately improved the level of services to residents, business owners and cemetery visitors. Addi- tional work included alley resurfacing at 40 DuPage Court to meet occupancy target dates and additional Bluff City Cemetery paving to improve access conditions for cemetery visitors and staff. Both projects were targeted for future capital improvement programs and competitive bid pricing afforded the opportunity to advance these initiatives with a relatively small overall project in- crease of less than five percent. BACKGROUND The city has regularly budgeted for an annual neighborhood street resurfacing program designed to maintain and improve local arterial roadways throughout the city. The Various East Side Street 2025 Resurfacing Program was funded by the city’s Motor Fuel Tax (MFT) and cemetery funds designated for grounds and facility improvements within Bluff City Cemetery. This portion of the 2025 resurfacing program included Thoreau Drive, Maroon Drive, Inverness Drive, Shales Park- way, Anderson Avenue, Bent Street, Esmerelda Court and roadways within the Bluff City Ceme- tery. In addition, the Wing Park Bandshell and Fire Station No. 5 parking lots were reconstructed, and the west parking lot at the Highlands Golf Course received seal coating application. As the project progressed, staff recognized additional infrastructure needs that had not been included in the original bid due to estimated cost limitations. That work included alley resurfacing at 40 DuPage Court, which had been moved several times in the capital improvement program 1 to meet the developer’s occupancy target dates without interfering with building renovation ef- forts. By including this work in the 2025 contract, the alley resurfacing was completed in the time window after construction ended and before new business and residential tenants needed alley access. The additional Bluff City Cemetery paving provided much improved access conditions for cemetery visitors and staff by adding the cemetery office parking lot to the project. Other work additions included additional traffic control to improve motorist messaging and safety and im- proved striping within city parking lots. The alley and cemetery additions were targeted for future capital improvement programs, and competitive bid pricing afforded the opportunity to advance these initiatives, the traffic control and striping additions, and the balance of pay item quantity additions and deletions within a relatively small overall project increase of less than five percent. OPERATIONAL ANALYSIS The addition of the work items occurred at discrete intervals throughout the project timeline and were approved by staff with an understanding that the additional costs would have relatively low or no impact on the overall budget. Approving the change order will authorize full and final pay- ment to the contractor, Everlast Blacktop, Inc. of Elgin. By presenting a single, final change order rather than a series of change orders throughout the project schedule offers several benefits, primarily the avoidance of over budgeting if the higher cost additions are added sooner than other quantities are deleted. Decisions on some work ad- ditions must occur rather quickly, well before the two- to four-week period required for full coun- cil action. As the additional work items were germane to the original contract and in the best interests of the city, staff proceeded with timely authorization to proceed with the work. In gen- eral, any change order that is not germane to the original contract or has a high certainty of significant overall project cost increases are brought for council approval prior to staff authoriza- tion to proceed. INTERESTED PERSONS CONTACTED Everlast Blacktop, Inc. Fehr Graham Consulting Engineers FINANCIAL ANALYSIS Staff recommends approval of Change Order No. 1 and Final for a total project increase of $88,054. The total is comprised of the addition of $203,940 in Motor Fuel Tax and a decrease of $115,886 in Bluff City Cemetery funding. Bid 25-038 was originally awarded to Everlast Blacktop in the amount of $2,012,052. The change order addition increases the overall project cost to $2,100,106, representing an increase of 4.38 percent. 2 BUDGET IMPACT FUND ACCOUNT PROJECT # AMOUNT AMOUNT BUDGETED AVAILABLE Motor Fuel Tax 290-0000-791.93-80 290019 $88,054 $88,054 LEGAL IMPACT None. ALTERNATIVES The city council may choose to reject approval of the change order, at which time staff would review alternative, existing budget funds to meet our obligation to the contractor. NEXT STEPS 1. Authorize Change Order No. 1 and Final 2. Process current Contractor’s Pay Estimate Originators: Mike Pubentz, Public Services Director Final Review: Debra Nawrocki, Chief Financial Officer Christopher J. Beck, Corporation Counsel Richard G. Kozal, City Manager ATTACHMENTS A. Various East Side Streets 2025 Resurfacing Project—Change Order No 1 and Final 3  City of Elgin Change Order ELGIN, ILLINOIS PROJECT No. 290019 CHANGE ORDER No. 1 and Final CONTRACT: 2025 Various East Side Streets Resurfacing (Bid No. 25-038) SCOPE: Throughout the course of construction, various work items were added to the project to improve safety and public notification, make field adjustments to improve overall design, and to take advantage of contract pricing to provide better value to the city. Additional pay item balancing additions and deletions were made to account for actual quantities provided by the contractor. In combination the overall contract price increased by the change order amount of $88,053.44. REASONS FOR CHANGE: To take advantage of competitive contract pricing to add certain work items that have resolved additional construction needs, to improve safety for the public using additional messaging features, and to resolve a long-standing public concern over alley conditions. In addition, the following criteria for making the changes include:  The circumstances said to necessitate the change in performance were not reasonably foreseeable at the time the contract was signed  The change is germane to the original contract as signed  The change order is in the best interests of the City of Elgin and authorized by law SUMMARY OF CHANGES IN CONTRACT AMOUNT: The contract is being amended for cost and scope. Scope changes include the addition of resurfacing areas within Bluff City Cemetery, and the inclusion of alley repairs necessary to meet building occupancy dates at 40 DuPage Court. ORIGINAL CONTRACT AMOUNT: $2,012,052,06 CHANGE ORDER No. 1 AUP 1 Automated Message Boards $2,800.00 AUP 2 Cemetery Office Parking Lot Mill & Overlay $48,750.00 AUP 3 B-Curb on Bent Street $4,500.00 AUP 4 Additional Mobilization/Latex Striping $7,000.00 AUP 5 Additional Mobilization to Wing Park $2,500.00 AUP 6 Alley at 40 DuPage Court $35,000.00 Balancing Pay Item additions/deletions ($12,496.56) TOTAL FOR CHANGE ORDER NO. 1: ADD $88,053.44 PREVIOUS CHANGE ORDER(S): $0.00 No Previous Change Orders TOTAL OF PREVIOUS CHANGE ORDERS: ADD $0.00 TOTAL REVISED CONTRACT AMOUNT: $2,100,105.50 The original amount of the contract with Everlast Blacktop, Inc. is $2,012,052.06. Change Order No. 1 totaling $88,053.44 will increase the original contract amount by a total of $88,053.44, that sum representing four-point-three eight percent (4.38%) of the original contract amount. The new contract amount, inclusive of all change orders is $2,100,105.50. OTHER CONTRACT PROVISIONS: All other contract provisions remain the same. CHANGE ORDER No. 1 AND FINAL February 25, 2026 Agreed to this day of , 2026. Recommended by: PUBLIC SERVICES DEPT. By: Mike Pubentz Title: Public Services Director Date: February 17, 2026 Signature: Accepted by: EVERLAST BLACKTOP, INC. Party of the Second Part (Contractor) By: Charles Polito Title: Director of Operations Date: _______________________________ Signature: ___________________________ Approved by: CITY OF ELGIN Party of the First Part (Owner) By: Richard G. Kozal___________________________ Title: City Manager_____________________________ Date: ________________________________________ Signature: ____________________________________ AGENDA ITEM: B MEETING DATE: February 25, 2026 ITEM: Fire Department Emergency Medical Services (EMS) Purchase—Training Mannequins ($77,928) OBJECTIVE: Obtain state-of-the-art emergency medical services (EMS) training mannequins and related sup- plies for enhanced training in the fire department’s EMS simulation lab. RECOMMENDATION: Authorize the purchase of three, high-fidelity simulation mannequins, associated supplies and computer hardware and software systems for enhanced training in fire department’s emergency medical services (EMS) simulation lab. The fire department uses emergency medical services (EMS) training mannequins to provide high- fidelity simulation training. This training ensures EMS personnel (paramedics) can meet the high- est standards of prehospital medical care for the Elgin community. The fire department is creating an EMS simulation lab where this equipment will be used in continuing education training. With the introduction of the fire department’s in-house paramedic program, the need for these training tools increases to a greater degree to ensure the department’s ability to provide high quality par- amedic training. BACKGROUND The fire department has maintained an active and highly effective emergency medical services (EMS) training program that enable in-house, scenario-based training at a level that exceeds the requirements established by the department’s resource hospital. It rivals the training provided by teaching hospitals and paramedic programs across the nation. The backbone of this training program is the department’s use of high-fidelity EMS mannequins that allow life-like simulation of real-world medical emergencies that the crews respond to and treat. The fire department in 2014 purchased its first Laerdal ALS simulator mannequin. This manne- quin has been the workhorse of the training division for the past twelve years. Laerdal retired this version of the mannequin in 2016 and discontinued replacement parts in 2021. Through careful management, the fire department’s training division secured enough replacement parts to maintain operational viability of the mannequin for the past five years. But at this point, the mannequin has reached the end of its service life and needs replacement. OPERATIONAL ANALYSIS The fire department is creating an EMS simulation lab in the basement classroom at Fire Station 1. This lab will be providing a dedicated space for the training mannequins for regular use by the crews plus utilization during monthly training provided by the training division. The creation of this simulation lab will place the fire department’s EMS training program at a level that exceeds the requirements set forth by its resource hospital (Advocate Sherman) and rivals the training provided by teaching hospitals and paramedic programs across the nation. The fire department is partnering with Advocate Sherman Hospital to run an in-house paramedic certification class for the department’s paramedics starting in April 2026. (There will be 21 fire- fighters in the inaugural class.) A significant portion of the program curriculum is teaching these new firefighters the hands-on skills needed to become proficient paramedics. To effectively and efficiently instruct these students on practical skill days, EMS training mannequins are required. Replacing the fire department’s current mannequin, combined with augmenting the mannequin inventory to include both a child mannequin and a mannequin designed specifically to train crews on cardiac arrest management, the fire department will be able to provide the highest level of training to its paramedic students. INTERESTED PERSONS CONTACTED None. FINANCIAL ANALYSIS A decision package for $100,000 was approved for EMS training supplies in the 2026 budget. This purchase is part of that decision package with the total amount of this purchase being $77,927.80 BUDGET IMPACT FUND ACCOUNT PROJECT AMOUNT AMOUNT BUDGETED AVAILABLE General TBD $100,000 $100,000 LEGAL IMPACT Approving this agreement would require an exception to the procurement ordinance requiring approval by two-thirds of the members of the city council. 2 ALTERNATIVES The city council may choose not to purchase the new mannequins, requiring the fire department to continue using the obsolete mannequin in the limited capacity that it affords given its current condition. NEXT STEPS Purchase the three, high-fidelity EMS training mannequins, related supplies, and computer hard- ware and software through Henry Schein with delivery anticipated prior to the start of Elgin’s paramedic program. Originators: Robert Cagann, Fire Chief Chris Kennedy, Division Chief of Emergency Management and EMS Final Review: Debra Nawrocki, Chief Financial Officer Christopher J. Beck, Corporation Counsel Richard G. Kozal, City Manager ATTACHMENTS A. Henry Schein Laerdal quote B. Henry Schein Nasco quote 3  QUOTATION Bill Beetschen EMT-P Field Sales Consultant – Midwestern States Cell- 847-366-7989 Email- bill.beetschen@henryschein.com EMS Division Corporate Offices 140 Crouch Commercial Ct. P.O. Box 3227 Irmo, SC 29063 Phone – 631-370-1524 FAX- 800-533-4793 Email- paula.dent@henryschein.com November 29, 2025 Elgin Fire Dept. ATTN: Megan Frillman Elgin, IL LAERDAL TRAINING PROJECT PROPROSAL SIM MAN ALS 1ea- 235-03350 SIM MAN Live Shock -light skin $22,500.00 ea $ 22,500.00 total 2pk- 212-14350 Humeral bones -IO – 5/pk $ 72.00 k $ 144.00 total 1ea- 212-13850 IO/IV Arm, right humeral $ 723.00 ea $ 753.00 total 2pk-212-15250 Tibial IO pad 10/pk $ 219.00 pk $ 438.00 total 2ea-212-26250 Skin, left leg, tibial IO $ 189.00 ea $ 378.00 total 2ea-381402 Deltoid injection pad adult $ 65.00 ea $ 130.00 total 2pk-212-13950 Skin & foam -humeral-5/pk $ 169.00 pk $ 338.00 total 1ea-212-17950 Case -soft-torso $ 438.00 ea $ 438.00 total 1ea-212-18050 Case-soft-legs $ 438.00 ea $ 438.00 total 1pk-381105 Neck skins – L- 6/pk $ 297.00 pk $ 297.00 total 1ea-260305 Power cord 110 VAC – US $ 0.00 ea $ 0.00 total 1ea-200-30950 SimPad Headset $ 54.00 ea $ 54.00 total 1ea-235-83050 SimMan ALS installation $ 2970.00 ea $ 2970.00 total SIM MAN ALS total - $ 28,878.00 MEGA CODE KELLY 1ea-200-05050 Megacode Kelly Advanced-complete light $11,175.00 ea $11,175.00 total 1ea-185-50450 Zoll Shocklink training adapter $ 93.00 ea $ 93.00 total 1ea-151-945006 Defib training cable $ 169.00 ea $ 169.00 total 2ea-300-00150 Thigh Injection pad -adult- L $ 65.00 ea $ 130.00 total 2ea-212-15250 Tibial IO pad pk/10 $ 219.00 ea $ 438.00 total 1ea-205-10150 Adult IO leg-L $ 687.00 ea $ 687.00 total 2pk-212-14350 Bone-IO- Humeral 5/pk $ 72.00 pk $ 144.00 total 2pk-212-13950 Skin and Foam humeral IO 5/pk $ 169.00 pk $ 338.00 total 1ea-212-13850 Arm R- humeral IO/IV $ 753.00 ea $ 753.00 total 2ea-381402 Deltoid injection pad adult $ 65.00 ea $ 130.00 total 2ea-212-26250 Skin, left leg, tibial IO $ 189.00 ea $ 378.00 total 1ea-200-30950 SimPad headset $ 54.00 ea $ 54.00 total 1ea-204-00233 Link Box $ 899.00 ea $ 899.00 total MEGACODE KELLY total - $15,388.00 MEGACODE KID 1ea-231-05050 Megacode Kid – light -complete $ 7596.00 ea $ 7,475.00 total 1ea-185-50450 Zoll Shocklink training adapter $ 93.00 ea $ 93.00 total 1ea-151-945006 Defib training cable $ 169.00 ea $ 169.00 total 1ea-200-30950 SimPad headset $ 54.00 ea $ 54.00 total 1ea- 204-00233 Link Box $ 899.00 ea $ 899.00 total 1ea-260305 Power cord 110 VAC $ 0.00 ea $ 0.00 total MEGACODE KID total - $ 8690.00 total SIMSTART 3ea-285-00001 SIMSTART complete includes SimPad + $ 6897.00 ea $20,691.00 total SIMSTART total - $20,691.00 LAERDAL ITEMS PROJECT TOTAL $ 73,647.00 SHIPPING $ 910.00 TAX (If exempt status is current, there will be no tax charge) $ 6890.00 LAERDAL PROJECT PACKAGE TOTAL including tax $81,447.00 LAERDAL PROJECT PACHKGE TOTAL excluding tax $74,557.00  QUOTATION Bill Beetschen EMT-P Field Sales Consultant – Midwestern States Cell- 847-366-7989 Email- bill.beetschen@henryschein.com EMS Division Corporate Offices 140 Crouch Commercial Ct. P.O. Box 3227 Irmo, SC 29063 Phone – 631-370-1524 FAX- 800-533-4793 Email- paula.dent@henryschein.com December 5, 2025 Elgin Fire Dept. ATTN: Megan Frillman Elgin, IL 1ea-1238331 Nasco cricoid simulator $ 927.00 ea $ 927.00 ttl 2ea-101-138 Cric child trachea 6/pk $ 58.95 pk $ 117.90 ttl 3ea-LF00994 A Cric neck skin 6/pk $ 189.00 pk $ 567..00 ttl 1ea-4998055 Nasco STAT IO leg simulator $ 450.00 ea $ 450.00 ttl 1pk-4998056 IO leg skins 10/pk $ 234.00 pk $ 234.00 ttl 1ea-7001648 Humeral IO trainer $ 489.000ea $ 489.00 ttl 2pk-7002427 Humeral replacement pads & bones $ 142.95 pk $ 285.90 ttl QUOTATION TOTAL - $3070.80 Shipping cost - approximated $ 300.00 AGENDA ITEM: C MEETING DATE: February 25, 2026 ITEM: Super Vac Battery-Powered Ventilation Fans—Purchase (Seven Units) ($36,953) OBJECTIVE: Replace obsolete ventilation fans with modern, battery-powered fans. RECOMMENDATION: Approve the purchase of seven, battery-powered ventilation fans to replace the current anti- quated fans. The fire department uses ventilation fans during fire operations to improve internal building con- ditions by removing smoke and other by-products of combustion. These fans are also used in many non-fire scenarios to remove carbon monoxide or other hazardous fumes encountered inside a building. By placing a high-powered ventilation fan outside a doorway, firefighters force fresh air into the structure pushing out heat and smoke. This tactic improves visibility, reduces tempera- tures, removes toxic gases and mitigates ongoing damage inside the structure BACKGROUND The fire department began using ventilation fans in the 1990s as an effective way to remove smoke, toxic gases and other contaminates from buildings during emergency operations. Venti- lation fans were primarily gasoline-powered until the mid 2000s when battery powered units were introduced. I In approximately 2011, the fire department switched from gasoline units to battery units. Over the last fifteen years, battery-powered models have become the industry standard for several reasons: • Emission-Free: Unlike gas fans, battery-powered fans do not introduce carbon monoxide into the structure, creating a safer environment for victims and firefighters. • Rapid Deployment: Cordless operation eliminates the need for power cables or generator setup, allowing for immediate placement.  • Portability: Modern designs use lightweight materials and brushless motors, making them easier to transport through large or complex structures. The units currently being used by the fire department are first-generation battery fans. These fans have been used consistently over the past twelve-to-fifteen years and no longer hold a reli- able charge without an alternative power source, something not readily available at fire scenes. OPERATIONAL ANALYSIS Fire Department personnel enter environments identified as immediately dangerous to life and health (IDLH). These environments are deprived of oxygen or are toxic due to the combustion process of a fire or other scenario. Once the cause of the hazardous environment is eliminated (e.g., the fire is extinguished) fans are utilized to bring in fresh air while removing smoke and heat creating a safer environment. These fans are carried on all suppression apparatus. The current fans are between twelve-to-fifteen-years-old and have built-in battery systems. These batteries hold a charge for only a few minutes due to their age, and once drained, an al- ternative power source must be utilized. Alternative power sources are not always available given the circumstances of the emergency scene. The new fans, approved in the budget process, use the latest battery technology, allowing a runtime of 60 minutes on a single charge. Once the batteries are drained, the batteries can be swapped with replacements, ensuring continuous use unlike the current fans with fixed batteries. INTERESTED PERSONS CONTACTED None. FINANCIAL ANALYSIS A decision package for $80,000 was approved for suppression and ventilation equipment in the 2026 budget. This purchase is part of that decision package, with the total amount of this pur- chase being $36,953. BUDGET IMPACT FUND ACCOUNT PROJECT AMOUNT AMOUNT BUDGETED AVAILABLE General Suppression & Ventila- 2802-9146 $80,000 $80,000 tion Equipment 2 LEGAL IMPACT Approving this agreement requires an exception to the procurement ordinance, requiring ap- proval by two-thirds of the members of the city council. ALTERNATIVES The city council may choose not to purchase the new fans, and the department will continue to use the antiquated fans in the limited capacity that they allow, given their current condition. NEXT STEPS Purchase seven, Super Vac battery fans with Milwaukee batteries from Air One Inc. Originators: Robert Cagann, Fire Chief Steve Hillgoth, Division Chief of Training and Community Risk Reduction Final Review: Debra Nawrocki, Chief Financial Officer Christopher J. Beck, Corporation Counsel Richard G. Kozal, City Manager ATTACHMENTS A. Sales quote for Air One, Inc. 3  360 Production Drive QUOTATION South Elgin, IL 60177 Prices valid for 7 days only due Phone: 847-289-9000 to daily tariff increases. Fax: 847-289-9001 Email: airone@aoe.net Date Quote # 1/13/2026 49419 Sold To Ship To ELGIN FIRE DEPARTMENT ELGIN FIRE DEPT. 550 SUMMIT Attn: Steve Hillgoth ELGIN, IL 60120 550 SUMMIT ST. ELGIN, IL 60120 PLEASE DO NOT PAY OFF OF THIS Quoted By P.O. No. Terms Salesman QUOTE. A FINAL INVOICE WILL BE SENT ONCE ORDER IS COMPLETE. Net 45 JD Item Description Qty Cost Amount V16-BL-12-AC-SP-WH SUPER VAC: SPACE SAVER BATTERY FAN 7 5,279.00 36,953.00 WITH (2) MILWAUKEE 12AH BATTERIES AND (2) AC FAST CHARGERS WITH POWER SHORE OPTION AND UPGRADED WHEEL KIT Shipping and delivery charges are added when invoiced unless otherwise noted. At present, all quoted shipping/lead times are non-binding estimates only. Subtotal $36,953.00 3% PROCESSING FEE FOR CREDIT CARD PAYMENTS OVER $500 Sales Tax (0.0%) $0.00 Effective Jan 1, 2021, all returns after 30 days of delivery will incur a 20% restocking fee. DO NOT PAY- INVOICE TO FOLLOW Items ordered in connection with natural disasters, pandemic or like situations cannot be returned and orders for such items cannot be cancelled after 10 days of Seller’s receipt. Total $36,953.00 AGENDA ITEM: D MEETING DATE: February 25, 2026 ITEM: Retailer Single-Use Plastic Bags Regulation ($18,000) OBJECTIVE: Provide information on consumer and retail business reactions to a proposed ordinance imposing a ban of the use of single-use plastic bags by certain retailers at checkout, while allowing con- sumers to purchase recycled paper bags at ten cents each with those fees being retained by the retailer to offset costs. RECOMMENDATION: The city council can choose to defer adopting the proposed ordinance imposing a ban of the use of single-use plastic bags by certain retailers at checkout in anticipation of statewide regulation. This option promotes regulatory consistency and avoids placing Elgin retailers at a competitive disadvantage relative to their competitors in surrounding communities. The city council may al- ternatively choose to adopt the proposed ordinance imposing a ban of the use of single-use plas- tic bags by certain retailers at checkout with an effective date in the first quarter of 2027 to allow time for retailer preparation, community education and enforcement readiness. The city’s sustainability commission on April 22, 2025 recommended adopting an ordinance ban- ning Elgin retailers from offering single-use plastic bags to consumers at sales checkout. With Elgin’s Climate Action and Resiliency Plan including provisions for identifying opportunities to re- duce the use and distribution of plastic and single-use items in Elgin, the sustainability commission determined that banning retailers from offering single-use plastic bags by retailers is an effective means for reducing plastic consumption in the city. On the following day, April 23, 2025, the city council directed staff to begin work for implementing an ordinance modeled after legislation be- ing proposed in the Illinois General Assembly called the “Single-Use Bag Reduction Act.” The proposed ordinance (modeled after the “Single-Use Bag Reduction Act”) prohibits retailers from offering “a single-use checkout bag to consumers at the point of sale or otherwise make a single-use checkout bag available to consumers.” The proposed ordinance allows retailers to “of- fer a recycled paper bag or reusable bag to consumers” and to charge the consumer ten cents for each recycled paper bag. The ten-cent fee is retained by the retailer to offset the costs for pur- chasing and providing a recycled paper bag option. The proposed ordinance enables individuals enrolled in the Supplemental Nutrition Assistance Program (SNAP), Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) and similar assistance programs to request recycled paper bags without having to pay the ten-cent fee. The proposed ordinance exempts certain retail establishments from the single-use plastic ban. Restaurants, gas station convenience stores and “small retail mercantile establishments” are not prohibited from offering single-use plastic bags. A “small retail mercantile establishment” is de- fined as any business with twelve or fewer locations in Illinois and 250 or fewer full-time employ- ees. Staff from the city and the Elgin Development Group (EDG) identified 42 Elgin-based retailers that could be banned from supplying single-use plastic bags to their customers at checkout under the proposed ordinance. City and EDG staff conducted extensive community and business outreach. Elgin consumers pro- vided 2,185 survey responses. Fifty-seven percent of those respondents opposed the proposed ordinance while 38 percent expressed support. A small number of respondents, five percent, re- quested additional information. Consumer concerns objecting to the proposed ordinance focused on cost (for purchasing recycled paper bags), equity impacts, implementation and enforcement challenges and the potential ef- fects on local businesses, particularly given the absence of similar requirements in neighboring communities. Supportive feedback for the proposed ordinance emphasized concerns about plastic pollution, litter, public health, environmental impacts and the need for action. Many community members indicated openness to reducing plastic bag use if approaches are perceived as equitable and supported by clear environmental outcomes. The EDG hosted an in-person meeting this past October for 42 potentially impacted retailers. Seven representatives attended and feedback was received from eleven other retailers. The EDG then conducted later additional outreach with the retailers unable to attend. The Engage Elgin webpage and online survey also launched concurrently with the retailer meeting. Informational flyers were provided to retailers for in-store distribution and social media was used to direct resi- dents to additional information and the survey. Retailer feedback is generally opposed to the ordinance. While supportive of sustainability goals, businesses raised concerns relating to added cost burdens on customers during a period of rising prices; the potential loss of customers to neighboring communities without similar regulations; customer interactions and impacts on staff safety, staffing levels and sanitation; increased oper- ating costs, particularly for paper bags and self-checkout monitoring; and broader economic con- ditions amplifying financial and operational challenges. The data obtained by city and EDG staff from their extensive consumer and retailer outreach sug- gests two primary policy options for consideration by the city council. The city council can choose to defer adopting the proposed ordinance in anticipation of statewide legislation like the Single- Use Plastic Bag Reduction Act. This option promotes regulatory consistency and avoids placing Elgin retailers at a competitive disadvantage relative to their competitors in surrounding commu- nities. The city council may also choose to adopt the proposed ordinance imposing a ban of the 2 use of single-use plastic bags by certain retailers at checkout with a mid-year effective date in 2027 to allow time for retailer preparation, community education and enforcement readiness. BACKGROUND The sustainability commission on April 22, 2025 presented research and recommendations to the city council regarding single-use plastic bags. Research indicates that retail bag bans can reduce plastic bag use, environmental litter and encourage shifts toward reusable alternatives over time. The city council on April 23, 2025 directed staff to begin work for implementing an ordinance modeled after legislation being proposed in the Illinois General Assembly called the “Single-Use Bag Reduction Act” (Senate Bill 1872, 104th General Assembly, 2025-26). SB 1872 was introduced in spring 2025 and proposed a statewide prohibition on single-use plastic checkout bags, along with standards for alternative bags and fees. SB 1872 is currently in committee (assignments) and has not been enacted. The proposed ordinance (modeled after SB 1872) prohibits retailers from offering “a single-use checkout bag to consumers at the point of sale or otherwise make a single-use checkout bag available to consumers.” The proposed ordinance allows retailers to “offer a recycled paper bag or reusable bag to consumers” and to charge the consumer ten cents for each recycled paper bag. The ten-cent fee is retained by the retailer to offset the costs for purchasing and providing a recycled paper bag option. The proposed ordinance enables individuals enrolled in the Supple- mental Nutrition Assistance Program (SNAP), Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) and similar assistance programs to request recycled paper bags without having to pay the ten-cent fee. The proposed ordinance exempts certain retail establishments from the single-use plastic ban. Restaurants, gas station convenience stores and “small retail mercantile establishments” are not prohibited from offering single-use plastic bags. A “small retail mercantile establishment” is defined as any business with twelve or fewer loca- tions in Illinois and 250 or fewer full-time employees. Staff from the city and the Elgin Develop- ment Group (EDG) identified 42 Elgin-based retailers that could be banned from supplying single- use plastic bags to their customers at checkout under the proposed ordinance. Elgin’s Climate Action and Resiliency Plan including provisions for identifying opportunities to reduce the use and distribution of plastic and single-use items in Elgin, the sustainability commis- sion determined that banning retailers from offering single-use plastic bags by retailers is an ef- fective means for reducing plastic consumption in the city. Nationally, more than 330 communities and 12 states have adopted policies addressing single- use plastic bags. Regionally, Batavia and Northbrook enacted bag ordinances within the past three years and have reported reductions in plastic bag distribution. A study of 33 stores in New Jersey subject to a bag law found a 96 percent reduction in bags distributed or sold per store per week, equating to more than 90 million fewer bags over an eight-month period. Additional 3 research on policy design suggests that combining plastic bag bans with fees on paper checkout bags can further reduce overall bag use by encouraging behavior change at the point of sale. City staff conducted a multi-channel public engagement process to gather feedback on the pro- posed ordinance. Input was collected through online and paper surveys, in-person community outreach, and direct engagement with local retailers. Engagement methods were designed to reach both residents and impacted businesses and to provide multiple opportunities for partici- pation. Outreach efforts included meetings with retailers, a dedicated Engage Elgin webpage, social media announcements, and tabling at community events and local businesses. A commu- nity survey was offered in both online and paper formats and made available in English and Span- ish. Retailer Feedback The EDG hosted an in-person meeting for potentially impacted retailers this past October. Rep- resentatives from 42 retailers were invited. Seven attended and feedback was received from eleven other retailers. The EDG then conducted later additional outreach to retailers that were unable to attend. The Engage Elgin webpage and online survey launched concurrently with the retailer meeting. Informational flyers were provided to retailers for in-store distribution and so- cial media was used to direct residents to additional information and the survey. The following table lists the retailers contacted by EDG and those providing comment. Elgin Retailers Contacted Retailer Feedback Received Advance Auto Parts (2) Home Depot Armando and Sons ALDI (2) Jewel/Osco (2) Blain’s Farm and Fleet Armando and Sons Meijer Butera (2) AutoZone (2) Menards CVS Pharmacy Blain’s Farm and Fleet O’Reilly Auto Parts Elgin Fresh Market (2) Burlington Pep Boys Jewel/Osco (2) Butera (2) Russo Power Meijer CVS Pharmacy Sam’s Club SuperMercado La Salsa Dollar General Save & Tell Outlet Target Dollar Tree (2) SuperMercado La Salsa Walmart Elgin Fresh Market (2) Target Ziegler’s ACE Hardware (2) Family Dollar (3) Walgreens (4) Golden Market Walmart Harbor Freight Ziegler’s ACE Hardware (2) Hobby Lobby Retailers with multiple locations are noted in parentheses. 4 Retailer feedback is generally opposed to the ordinance. While supportive of sustainability goals, businesses raised concerns relating to: • Added cost burdens on customers during a period of rising prices • Potential loss of customers to neighboring communities without similar regulations • Customer interactions and impacts on staff safety, staffing levels, and sanitation • Increased operating costs, particularly for paper bags and self-checkout monitoring • Broader economic conditions amplifying financial and operational challenges Retailers indicated that, if adopted, city-provided signage and reusable bags could assist with implementation but would not address underlying economic concerns. Many retailers noted awareness of SB 1872 and expressed that a statewide approach would be more appropriate to ensure consistency across jurisdictions. Consumer Feedback Participation in the engagement process was voluntary, and survey responses reflect the per- spectives of those who chose to participate. The survey was open to the public and designed to gather community input on the proposed ordinance. While survey results are not intended to serve as a statistically representative sample, they provide valuable insight into community per- spectives and recurring themes raised during the engagement process. The community survey received 2,185 responses. Of those respondents: • 57% opposed the ordinance • 38% supported the ordinance • 5% requested additional information before forming an opinion • 88% identified as Elgin residents • 4% identified as business owners • Responses were received across all Elgin ZIP codes In addition to the survey, staff conducted outreach at eight community events between October and December 2025, including library events, school presentations, college fairs, and tabling at local retailers. Feedback gathered through in-person outreach was generally consistent with sur- vey responses. Survey results are summarized below. Fifty-seven percent (57%) of respondents indicated opposition to the proposed ordinance. Op- position centered on concerns about cost, equity, effectiveness, and practical impacts, particu- larly for consumers and local businesses, rather than disagreement with environmental goals. 5 The key themes from respondents opposed to the ordinance are: • Concern about consumer and business impacts. Many respondents view bag fees as an added financial burden during a period of rising grocery prices, taxes, and cost-of-living pressures. Respondents also expressed concern that the ordinance will place Elgin retail- ers at a competitive disadvantage compared to neighboring communities without similar requirements. Many indicated they will shop outside Elgin if single-use plastic bags are banned and fees are imposed to purchase recyclable paper bags, raising concerns about impacts on local businesses and sales tax revenue. • Concern that the ordinance will disproportionately impact marginalized residents. Re- spondents expressed concern that the ordinance will disproportionately affect low-in- come households, seniors on fixed incomes, people with disabilities and residents who rely on walking, transit, or delivery services. Several comments noted that individuals who do not qualify for assistance programs may still experience financial hardship. • Many respondents reuse single-use plastic bags. Many respondents reported reusing plastic checkout bags for household purposes such as trash liners, pet waste and food storage. Respondents expressed concern that banning these bags will lead to increased purchases of alternative plastic products, potentially offsetting environmental benefits. • Respondents questioned the ordinance’s environmental effectiveness. Respondents ques- tioned whether the ordinance will meaningfully reduce plastic waste, noting that many retail products are already packaged in plastic. • Respondents had general opposition to the paper bag fee. While some respondents sup- ported reducing plastic bags, many opposed charging for paper bags, which are widely viewed as recyclable and an appropriate free alternative. Charging for paper bags was frequently perceived as shifting the policy toward a revenue-generating measure. • Disagreement with government role and jurisdiction to implement. Some respondents characterized the ordinance as government overreach and suggested that bag regula- tions are more appropriate at the state or federal level to ensure consistency and avoid uneven impacts across municipalities. • Concerns on convenience and hygiene. Respondents cited practical challenges such as forgetting reusable bags, sanitation issues, paper bags tearing in wet weather and diffi- culties carrying reusable bags, particularly for seniors and residents with mobility limita- tions. • Preference for pursuing an alternative approach. Several respondents suggested alterna- tives such as providing free or subsidized reusable bags, offering incentives rather than penalties, or focusing on education and voluntary behavior change. 6 Supportive feedback (38%) emphasized environmental protection, litter reduction, public health and alignment with the city’s sustainability objectives and actions taken in other jurisdictions. Some supportive respondents raised concerns related to equity. Overall, respondents wanted timely and action-oriented measures to reduce plastic waste. Key themes from respondents in-support of the ordinance are: • Need for environmental protection and plastic reduction. Supportive respondents con- sistently cited concerns about plastic pollution and environmental degradation. Plastic bags were frequently described as persistent contaminants and a visible source of litter in local waterways, including the Fox River, as well as in neighborhoods, roadways, retail areas, trees and storm drains. • Protect wildlife. Respondents emphasized the harmful impacts of plastic bags on wildlife, including ingestion, entanglement and injury. • Reduce microplastics and protect public health. Many comments referenced microplas- tics and their potential effects on human health, framing plastic pollution as both an en- vironmental and public health concern affecting water, food systems and long-term well- being. • Decrease reliance on fossil fuels. Supportive feedback links plastic bag reduction to de- creased reliance on fossil fuels and lower greenhouse gas emissions. • Support for decisive actions. Many respondents favored clear and enforceable measures, including bans or strong disincentives to encourage behavior change. • Positive experiences elsewhere. Several respondents cited personal experience with sim- ilar policies in other jurisdictions (cities, states and countries) or at retailers such as Aldi and Sam’s Club, describing them as effective and manageable. • Alignment with city sustainability goals. Supporters frequently identified the ordinance as consistent with Elgin’s Climate Action and Resiliency Plan and broader environmental commitments. • Behavioral change and reusable alternatives are already underway. Many residents indi- cated that bringing reusable bags is already part of their routine and suggested that con- tinued education and outreach could further normalize this practice. • Equity and fee structure considerations. Exemptions for SNAP, WIC, and similar programs were viewed positively, though some respondents expressed ongoing concern for 7  residents outside assistance programs, including seniors, people with disabilities, and low-income households. Approximately five percent of the respondents indicated they needed more information before forming an opinion. These comments generally expressed openness to reducing plastic bags but sought clarification on policy details, how equity concerns would be addressed, and evidence of effectiveness. OPERATIONAL ANALYSIS When summarizing the responses received from the consumers and retailers, a majority of the consumer respondents opposed the ordinance, citing cost and equity concerns rather than op- position to environmental goals. Retailers raised concerns regarding increased costs to custom- ers, potential loss of business to neighboring communities, impacts on staff interactions and safety and higher operating costs. Many residents expressed opposition to charging for paper bags, viewing fees as an added burden amid rising cost-of-living pressures. Supportive respond- ents emphasized environmental benefits, litter reduction, and alignment with the city’s sustain- ability goals. The data obtained by city and EDG staff from their extensive consumer and retailer outreach suggests two primary policy options for consideration by the city council. The city council can choose to defer adopting the proposed ordinance in anticipation of statewide legislation like the Single-Use Plastic Bag Reduction Act (SB 1872). This option promotes regulatory consistency and avoids placing Elgin retailers at a competitive disadvantage relative to their competitors in sur- rounding communities. The city council may also choose to adopt the proposed ordinance im- posing a ban of the use of single-use plastic bags by certain retailers at checkout with an effective date in the first quarter of 2027 to allow time for retailer preparation, community education and enforcement readiness. Should the city council choose to defer local regulation and await statewide legislation, the city will continue monitoring state-level efforts related to single-use plastic bags. The city will remain engaged in regional and state sustainability discussions and continue implementing other actions identified in the Climate Action and Resiliency Plan. This approach enables the city to align with any future Illinois legislation if enacted. Community and business owners expressed a preference for consistent state or regional ap- proaches rather than patchwork, city-by-city regulations. Retailers indicated that statewide standards reduce competitive disadvantages and simplify compliance among retailers. Residents concerned about cost and equity noted that statewide action may provide more uniform exemp- tions and implementation. Deferring local action will reduce administrative burdens on the city’s retailers and mitigate po- tential negative economic impacts on their businesses. While timing, content and adoption of 8 future state legislation remain uncertain, in the interim, the city can continue voluntary educa- tion, outreach and waste-reduction initiatives. Adopting an ordinance prohibiting single-use plastic bags during checkout at qualifying retailers aligns with the city’s Climate Action and Resiliency Plan, particularly strategies related to waste reduction and minimizing the use of single-use plastics. A mid-year effective date in 2027 is rec- ommended to allow time for retailer preparation, community education and enforcement read- iness. Estimated first-year costs to the city are approximately $18,000 for education materials, signage and any potential reusable bag distribution to at-risk residents. Enforcement will be conducted by neighborhood services department staff, requiring training and a reallocation of operational capacity. Retailers indicated that city-provided signage and reusable bags will assist with imple- mentation but not fully address broader economic concerns. INTERESTED PERSONS CONTACTED City of Elgin Sustainability Commission Elgin Development Group/Elgin Area Chamber of Commerce FINANCIAL ANALYSIS Should the city council choose to adopt the proposed ordinance, estimated first-year costs are approximately $18,000 for education materials, signage and any potential reusable bag distribu- tion. Enforcement will be conducted by the neighborhood services department staff, requiring staff training and allocation of additional operational capacity. BUDGET IMPACT FUND(S) ACCOUNT(S) PROJECT AMOUNT AMOUNT #(S) BUDGETED AVAILABLE General 010-6902-719.89-02 N/A $20,000 $20,000 LEGAL IMPACT None. ALTERNATIVES The city council may request staff from the city and Elgin Development Group to obtain additional information from consumers and business retailers. The city council may also consider amend- ments to any provisions in the proposed ordinance. 9 NEXT STEPS The city council’s direction will guide next steps. Staff will either continue monitoring state-level legislative efforts and provide updates as needed or move forward with the adoption and imple- mentation of the proposed ordinance. _____________________________________________________________________________________________ Originators: Kristin Iftner, Sustainability Manager Jessica VanDyke, Sustainability Coordinator Cassandra Hiller, Assistant City Manager Final Review: Debra Nawrocki, Chief Financial Officer Christopher J. Beck, Corporation Counsel Richard G. Kozal, City Manager ______________________________________________________________________________ ATTACHMENTS A. Proposed “Retail Single-Use Bags” Ordinance 10  Ordinance No. Gxx-25 AN ORDINANCE AMENDING THE ELGIN MUNICIPAL CODE TO PROVIDE FOR A NEW CHAPTER 6.05 ENTITLED “RETAIL SINGLE-USE BAGS” WHEREAS, the City of Elgin (the “City”) intends to preserve, maintain, and enhance the health of its residents and visitors, as well as the public natural resources and common property within the City, by regulating the distribution of single-use bags within the City; and WHEREAS, the City has determined that to discourage and decrease the use of single-use bags within the City, it is necessary to regulate such use; and WHEREAS, such regulation is intended to reduce the use of single-use bags by retail establishments within the City; curb litter on the City’s streets and parks and in trees; protect the local streams, creeks, rivers, waterways and other aquatic environments; reduce greenhouse gas emissions; reduce solid waste generation; promote the use of reusable, compostable and recyclable materials within the City; and preserve the natural, scenic, historic, and aesthetic values of the City; and WHEREAS, there are numerous retail establishments within the City that provide single- use bags to their customers; and WHEREAS, most of such single-use bags are made of plastic or other material that does not readily decompose; and WHEREAS, approximately one hundred billion single-use plastic bags are discarded by United States consumers each year; and WHEREAS, numerous studies have documented the prevalence of single-use bags littering the environment, blocking storms drains, entering local waterways, and becoming stuck in or upon natural resources and public property; and WHEREAS, recyclers cite single-use plastic bags as a major source of contamination within the recycling stream, leading to increased costs and decreased efficiency; and WHEREAS, environmental conservation and preservation is one of the City’s core values; and WHEREAS, the City of Elgin Sustainability Commission has recommended the regulation of single-use bags as a means of reducing waste and other negative effects caused by single-use bags; and WHEREAS, the Mayor and the City Council of the City have determined that the use of single-use bags within the City needs to be regulated to protect the public health and safety; and 1  WHEREAS, the City of Elgin is a home rule unit of government, and pursuant to Article VII, Section 6(a) of the Illinois Constitution, may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, the regulation of the use of single-use bags within the City and the protection of the public health and safety pertain to the government and affairs of the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That foregoing recitals are hereby incorporated into this ordinance as though fully set forth herein. Section 2. That Title 6 of the Elgin Municipal Code entitled “Business Licenses and Regulations” be and is hereby further amended by adding a new Chapter 6.05 thereto entitled “Retail Single-Use Bags,” to read as follows: “CHAPTER 6.05 – RETAIL SINGLE-USE BAGS 6.05.010. – Definitions. The following words, terms, and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Consumer means any person that makes a purchase at retail. Employee means a natural person who is employed by an employer on a full-time (FT) basis and whose primary place of employment is located within the United States. The term does not include independent contractors, temporary workers, seasonal workers, interns, volunteers, or individuals employed on a part-time, per-diem, or other non-FT basis. For purposes of this definition, “full-time” means employment of not less than 40 hours per week, as determined by the employer’s standard payroll and benefits practices. Person means an individual, natural person, public or private corporation, partnership, company, business, trust, government entity, unincorporated association, club, organization, or any other entity; or the manager, lessee, agent, servant, officer, or employee of any such entity. Plastic means an organic or petroleum-derived synthetic or semi-synthetic solid material synthesized by the polymerization of organic substances that is moldable into various rigid and flexible forms and to which additives or substances may have been added. Plastic does not include natural polymers that have not been chemically modified. 2  Primarily engaged in the sale of ready-to-eat food for immediate consumption means having sales of ready-to-eat food for immediate consumption comprising at least fifty-one percent (51%) of the total sales, excluding sales of liquor. Recycled paper bag means a paper bag that: (1) is one hundred percent (100%) recyclable; and (2) contains at least forty percent (40%) post-consumer recycled material. Restaurant means any business that is primarily engaged in the sale of ready-to-eat food for immediate consumption. Retail mercantile establishment means a business that makes sales at retail and generates occupation or use tax revenue. Retail mercantile establishment does not include a restaurant or a small retail mercantile establishment. Reusable Bag means a bag with threaded stich handles that: (1) is specifically designed and manufactured for multiple uses; and (2) is capable of carrying twenty-two (22) pounds for a distance of one hundred seventy-five (175) feet; and (3) is made of cloth, fiber, or other fabric or recycled material that is machine washable and can be cleaned and disinfected regularly. Single-use checkout bag means a single-use bag that is provide by a retail mercantile establishment at the checkout, cash register, or point-of-sale to a consumer for the purpose of transporting goods or items out of the retail mercantile establishment, and that is not a recycled paper bag or a reusable bag. Single-use checkout bag does not include: (1) a bag that is used to package bulk items, such as fruit, vegetables, nuts, grains, or candy; (2) a bag that is used for greeting cards, balloons, or small hardware items, such as nails and bolts; (3) a bag that is used to contain or wrap frozen foods, meat, or fish, whether prepackaged or not; (4) a bag that is used to contain or wrap flowers or potted plants or other items where dampness may be a problem; (5) a bag that is used to contain unwrapped prepared foods or bakery goods; (6) a bag that is used to contain prescription drugs; (7) a bag that is sold in packages containing multiple bags intended for use as garbage bags, pet waste bags, or yard waste bags; (8) a bag that is brought to a store by the consumer for the consumer's own use or to carry away from the store goods that are not placed in a bag provided by the store; (9) a bag that is provided by a dine-in or take-out restaurant to contain food or drink purchased by the restaurant's consumers; 3  (10) a bag containing a plastic liner that is permanently affixed, or designed and intended to be permanently affixed, to the inside of the particular bag; (11) a newspaper bag, door-hanger bag, laundry cleaning bag, garment bag; or (12) a bag that is used for online or digital orders where an employee of the retail mercantile establishment packages the goods for curbside pick-up or delivery. Small retail mercantile establishment means a retail mercantile establishment that (i) has twelve (12) or fewer locations in the State of Illinois and employs two hundred fifty (250) or fewer employees in the United States or (ii) is a retailer, as defined under the Motor Fuel and Petroleum Standards Act, and occupies less than five thousand (5,000) square feet. 6.05.020. – Single-Use Checkout Bag Prohibition. A retail mercantile establishment shall not offer a single-use checkout bag to consumers at the point of sale or otherwise make a single-use checkout bag available to consumers. A retail mercantile establishment may offer a recycled paper bag or reusable bag to consumers. 6.05.030. – Recycled Paper Bag Fee. A. If a retail mercantile establishment offers a recycled paper bag to consumers, the retail mercantile establishment shall charge a fee of at least ten cents ($0.10) per recycled paper bag offered to a consumer. B. All amounts collected pursuant to this section may be retained by the retail mercantile establishment and may be used for any lawful purpose. C. A retail mercantile establishment may not rebate or otherwise reimburse a consumer any portion of the fee charged under this section. D. The fee imposed under this section does not apply to recycled paper bags that are used to carry items purchased pursuant to the Supplemental Nutrition Assistance Program, the special supplemental nutrition program for Women, Infants, and Children, or a similar governmental food assistance program. 6.05.040. – Educational Material and Signage. A. Every retail mercantile establishment subject to the single-use checkout bag prohibition and collection of the recycled paper bag fee shall conspicuously display a sign in a location outside or inside of the establishment, viewable by consumers, alerting consumers to the city’s single-use checkout bag prohibition and recycled paper bag fee. B. The city may develop educational and promotional material, including a sign that complies with subsection (a) of this section, regarding the city’s single-use checkout bag prohibition and recycled paper bag fee. The city shall make any such 4  material available on the city website for use by retail mercantile establishments that are subject to the requirements of this chapter. 6.05.050. – Reusable Bags. A. A retail mercantile establishment may provide reusable bags to its consumers for the purpose of enabling the consumer to carry away goods from the point of sale. The fee imposed pursuant to section 6.05.030 of this chapter shall not apply to reusable bags. B. Nothing in this chapter shall be construed to prohibit a retail mercantile establishment form allowing consumers to bring to the retail mercantile establishment reusable bags for the consumer’s own use or from carrying away goods from the retail mercantile establishment that are not placed in a bag provided by the retail mercantile establishment. 6.05.060. – Penalties. A. In the case of a first violation of this chapter by a retail mercantile establishment, the establishment shall be issued a notice of violation notifying the establishment of the violation of this chapter and advising that any subsequent violations will result in further enforcement of this chapter, including the enforcement of any applicable penalties. B. If, after the issuance of a notice of violation pursuant to subsection 6.05.060.A, a retail mercantile establishment violates any of the provisions or fails to comply with any of the mandatory requirements of this chapter, such violation or failure shall constitute an offense. For any person or establishment found to have committed an offense under this chapter, the fines shall be as follows: 1. The first offense shall be punished by a fine of not less than two hundred fifty dollars ($250.00); 2. The second offense shall be punished by a fine of not less than five hundred dollars ($500.00); 3. The third and any subsequent offenses within any twenty-four (24) month period shall be punished by a fine of not less than seven hundred fifty dollars ($750.00). C. Each day that a violation under this chapter continues to exist shall constitute a separate and distinct offense. D. The penalties provided in this section 6.05.060 are in addition to any penalties, injunctions, or other legal or equitable relief provided under any other law. Nothing in this chapter shall bar a cause of action by the city for any other penalty, injunction, or other legal or equitable relief provided by any other law. 5 6.05.070. – Books and Records. Every retail mercantile establishment shall be required to collect the fee imposed pursuant to this chapter and shall keep accurate books and records of its business, including original source documents and books of entry denoting the transaction that gave rise, or may have given rise, to the fee being imposed. Each retail establishment must preserve for three (3) years all records necessary to determine the amount of the fees collected under this chapter. All such books and records shall be subject to and available for inspection by the city during regular business hours. 6.05.080. – Preemption by State Law. The provisions of this chapter shall be subject to any conflicting provisions of state law that preempt the city’s home rule authority with respect to such provisions.” Section 3. That all ordinances or parts of ordinance in conflict with the provisions of this ordinance be and are hereby repealed to the extent of any such conflict. Section 4. That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. David J. Kaptain, Mayor Presented: Passed: Vote: Yeas Nays: Recorded: Published: Attest: Kimberly A. Dewis, City Clerk 6 AGENDA ITEM: E MEETING DATE: February 25, 2026 ITEM: Water Pitcher Filter Distribution and Water Sampling—Agreement with 120Water ($95,188) OBJECTIVE: Provide services required by the Illinois Environmental Protection Agency and the United States Environmental Protection Agency during the city’s implementation of the optimal corrosion con- trol treatment study. RECOMMENDATION: Approve amendment to extend the service agreement with 120Water for Water Pitcher Filter Distribution and Water Sampling in the amount of $95,188. The Illinois Environmental Protection Agency (IEPA) in late 2022 issued a directive requiring the city to “enhance and expand” the lead in water testing program and the filter distribution pro- gram. The city contracted with 120Water, a vendor that has national expertise with both require- ments, to ensure that the city is compliant with the regulatory requirements. This amendment to the current agreement with 120Water will continue the program. The lead in water testing program and the filter distribution program, in conjunction with the ongoing corrosion control system implementation and lead service line replacement program will ensure the city is appropriately educating and providing protection to the residents. Staff recom- mend awarding an agreement to 120Water for water pitcher filter distribution and water sam- pling. BACKGROUND The city conveys drinking water from two water treatment plants through a network of pipes to the final point of use in homes, businesses and other facilities. National regulations governing water treatment require that drinking water be treated so that it creates a scale, or in other words a coating, that occurs from the process of the drinking water flowing through a water service line pipe. The goal is for drinking water to be treated so that it does not create corrosion within the water service line pipe, so that the pipe materials are shielded by the scale from the water flowing through a pipe. In December of 2022, the city received a request from the Illinois Environmental Protection Agency (IEPA) with a directive to provide public notification because of the lead Action Level Ex- ceedance in the second half of 2022. The IEPA’s letter also included the following requirements: • Conducting a public outreach program about the proper installation and maintenance of water filters. • Enhancing public outreach of the lead in water testing program. • Expanding the lead in water testing program. • Expanding the water filter distribution program. Ultimately, the best way to protect residents and commercial businesses with a lead service line is to eliminate the lead materials all together. However, this will take time to complete and will be at a significant cost. The city will continue to work to achieve the goal of complete lead service line replacement within its service area and will continue with the corrosion control system im- plementation. The lead in water testing program and the filter distribution program, in conjunc- tion with the ongoing corrosion control system implementation and Lead Service Line Replace- ment (LSLR) Program, will help ensure the city is appropriately educating and providing protec- tion to the residents. State legislation was also enacted in 2025 requiring the city to offer testing to all residents who have their lead service line replaced. This amendment agreement will fulfill this requirement as well as a part of an additional program aimed at post-LSLR testing. OPERATIONAL ANALYSIS The proposed continuation of the service agreement with 120Water will provide the city with resources to provide an enhanced water pitcher filter distribution program and enhanced water sampling program. Both programs are currently anticipated to be eligible to all buildings con- structed prior to 1988 and schools or childcare facilities served by known or potential lead service lines. 120Water takes in requests, communicates with residents, sources and tracks the delivery of pitchers or sample kits, provides how-to-use instructions, offers customer support and pro- vides reporting metrics through the online platform. The Pitcher Filters provided by 120Water will be Brita filters that have the certification for both ANSI/NSF 42 class I particulate reduction and ANSI/NSF 53 for lead reduction. These certifications are required by the IEPA and the United States Environmental Protection Agency (USEPA). The lead in water sample kits will provide three bottles to collect an initial draw sample, two- minute flushed sample, and 5-minute flushed sample. An additional program added through this year’s amendment agreement will fulfill the federal requirement that residents be offered testing within three to six months following lead service line replacements. This program component includes sending residents a reminder post-card three months after their replacement and inviting them to order a free test kit. 2 120Water is providing the “turnkey” solution to the state and federal requirements, and it will be offered as requested by residents. During the third year of the program, over 750 filters were delivered to eligible residents and over 750 sample kits were sent out. The slight decline in par- ticipation each year is expected due to effected homeowners previously receiving test kits and filters and not requiring new products. The proposed 24-month agreement will continue to provide filters and test kits at a similar level to previous years. Based on participation trends from the past three years, the city currently maintains an existing inventory of water pitcher filters and lead sample kits from prior program cycles. 120Water has evaluated current request rates and anticipates that this inventory will be sufficient to support program demand over the proposed 24-month agreement period. Accord- ingly, this amendment is primarily for continued program administration, resident communica- tions, tracking, reporting, fulfillment logistics, and regulatory compliance support rather than the purchase of additional inventory at this time. If more requests are made than allowed under this agreement, then an additional amendment agreement will be brought to the council for consid- eration at that time. INTERESTED PERSONS CONTACTED None. FINANCIAL ANALYSIS The 2026 Utilities Budget includes funding for this initiative. BUDGET IMPACT FUND(S) ACCOUNT(S) PROJECT #(S) AMOUNT AMOUNT BUDGETED AVAILABLE Utility 401-4002-771.24-02 402105 $500,000 $500,000 LEGAL IMPACT The enhanced water filter distribution and enhanced sampling program had been directed by the Illinois Environmental Protection Agency, and it is recommended to be continued. The proposed agreement requires an exception to the procurement ordinance, which requires approval by two- thirds of the members of the city council. 3 ALTERNATIVES The city council may choose to reject the agreement, but if so, staff will require specific direction as the Illinois Environmental Protection Agency is requiring continuation of the water filter dis- tribution and sampling program. NEXT STEPS 1. Execute the amendment with 120Water. 2. Issue a directive to begin work. Originators: Nora Bertram, Water Director Final Review: Debra Nawrocki, Chief Financial Officer Christopher J. Beck, Corporation Counsel Richard G. Kozal, City Manager ATTACHMENTS A. Agreement with 120Water 4 EBR - Renewal 2026 - Elgin - IL Customer - City of Elgin - IL Reference: 20260209-120943723 150 Dexter Court, 375 W RIVER RD Quote created: February 9, 2026 Elgin, IL 60120 Quote expires: May 10, 2026 United States Quote created by: Jon Garrison jon@120water.com Nora Bertram nora.bertram@elginil.gov 8479316744 Comments from Jon Garrison Products & Services Item Name & Description Unit Price Quantity Term (months) PWS Platform $22,394.00 1 24 Full PWS application with Inventory, Program and Event Management, / year Workflows, Communications, and PTD LSLR Sampling & Pitcher Filters $25,200.00 1 24 Annual Managed Service that monitors LSLR sampling, distribution of / year verification products, order processing, data management, and bi- weekly project updates. It also includes regulatory consulting, reporting assistance, and tracking. Annual subtotal $47,594.00 Total $47,594.00 Total contract value $95,188.00 Purchase terms The renewal of your subscription has a contract start date of 3/22/2026 and will run through 3/21/2028. Fees will be invoiced annually upon signature of this order form and will be due Net 30 from the invoice date. Invoice Terms: Billing Street Address: Billing City: Elgin Billing State: Billing Zip Code: Billing Country: Billing Notes (if applicable): This Order Form, together with the Master Services Agreement available at https://120water.com/master- services-agreement/ (the “MSA”), shall become a legally binding contract upon the earlier of (a) the date both parties execute the Order Form or (b) the date Customer initially began using the Services. Any capitalized word not otherwise defined in this Order Form shall have the same meaning as set forth in the MSA. 120Water may reject this Order Form if: (1) the signatory below does not have the authority to bind Customer to this Order Form, (2) changes have been made to this Order Form (other than completion of the purchase order information and signature block), or (3) the requested purchase order information or signature is incomplete or does not match our records or the rest of this Order Form. Subscriptions are non-cancelable before their end of the Term. Questions? Contact me Jon Garrison jon@120water.com 120Water 250 S Elm St Zionsville, IN 46077 US AGENDA ITEM: F MEETING DATE: February 25, 2026 ITEM: Midwest Academy of TaeKwon-Do—Recreation Services Agreement ($27,000) OBJECTIVE: Provide patrons of The Edward Schock Centre of Elgin with quality martial art classes. RECOMMENDATION: Approve the service agreement for Midwest Academy of TaeKwon-Do, an independent contrac- tor, for services at The Edward Schock Centre of Elgin. Independent contractors play a critical role in delivering high-quality and cost-effective programming at The Edward Schock Centre of Elgin. Midwest Academy of TaeKwon-Do provides specialized training, professional certifications, and flexible scheduling, allowing the city to offer diverse recreational programming without the financial obligation of adding full-time staff. This service delivery model supports strong community participation while generating meaningful program revenue. Midwest Academy of TaeKwon-Do has provided consistent instruction at the Edward Schock Centre since 2000, building long-standing relationships with participants and families and contributing to the stability and continuity of the program. Their instructors maintain required credentials through ongoing education and adherence to recognized industry standards, ensuring residents receive safe, current and professionally delivered instruction. This sustained presence has established the TaeKwon-Do program as a well-attended and valued component of the Centre’s recreation portfolio. Approving the 2026 service agreement is necessary to continue offering stable TaeKwon-Do programming. Due to the program’s continued success and participation levels, projected compensation for Midwest Academy of TaeKwon-Do is expected to exceed the $25,000 procurement threshold. Continued support of this partnership preserves program quality, maintains cost efficiency, and sustains a proven service model that benefits both residents and the city. BACKGROUND The TaeKwon Do program at The Edward Schock Centre of Elgin is a long-standing and highly respected component of the city’s recreation portfolio. Operated by the Midwest Academy of TaeKwon-Do, the program has continuously served the Elgin community since 2000. The program offers beginner, intermediate and advanced classes for participants ages seven and older, with flexible enrollment options that allow children, adults, and families to train together or inde- pendently. The Midwest Academy of TaeKwon-Do is led by Grand Master Daniel Valin, whose credentials include certifications through the Midwest Martial Arts League, the United TaeKwon-Do Alliance, the International TaeKwon-Do Federation, the United States TaeKwon-Do Federation, and the American TaeKwon-Do Institute. Grand Master Valin is actively involved in organizing, promoting, and officiating martial arts tournaments and events at both the local and national levels and serves as a coach to a national competition team. In addition to TaeKwon Do, he has extensive experience in Jujutsu, Hapkido and other forms of self-defense. The program emphasizes the core values of respect, positive attitude, and personal growth. While athletic skill development is an important component, the primary focus is on developing confident and respectful individuals who value teamwork, discipline, and community involve- ment. OPERATIONAL ANALYSIS Independent contractors play a critical role in delivering high-quality and cost-effective martial arts programming at The Edward Schock Centre of Elgin. Midwest Academy of TaeKwon-Do provides specialized instruction through certified black belt instructors, ensuring consistent, professional programming while maintaining operational flexibility and fiscal responsibility. The arrangement allows the city to offer a comprehensive martial arts program without the financial burden associated with hiring full-time staff, multiple part-time staff and substitute instructors to maintain coverage during staff absences. Midwest Academy of TaeKwon-Do utilizes a team of qualified instructors who consistently lead classes each session, with trained substitutes available as needed to ensure uninterrupted programming. Average enrollment is approximately 90 participants for each eleven-week session, reflecting strong demand, a long-standing reputation and high levels of participant satisfaction. Support from multiple instructors, rather than reliance on a single staff member, provides program resiliency and ensures continuity of service despite instructor absences, turnover, or scheduling conflicts. Administrative oversight by parks and recreation staff is significantly reduced, as the contractor assumes responsibility for instructor scheduling, credential maintenance, payroll, and program staffing logistics. Parks and recreation staff are therefore able to focus on program oversight, customer service, and facility operations rather than daily personnel management. In addition, 2 responsibility for maintaining instructor certifications, professional standards, and liability coverage rests with Midwest Academy of TaeKwon-Do, reducing risk exposure and compliance oversight for the city while ensuring instruction is delivered by qualified professionals. The long-standing reputation of Midwest Academy of TaeKwon-Do also contributes to sustained enrollment, community trust, and participant loyalty, offering a level of program recognition that would be difficult for the City to replicate independently. Enrollment demand can be accommodated without additional city staffing or operational restructuring, allowing the program to scale efficiently as participation fluctuates. Curriculum development, training materials, and specialized equipment are also provided by the contractor, eliminating capital expenditures and supply costs for the city while maintaining a high standard of instruction. INTERESTED PERSONS CONTACTED Daniel Valin, Grand Master of Midwest Academy of TaeKwon-Do FINANCIAL ANALYSIS Revenue from the TaeKwon Do program is derived from participant registrations across beginner, intermediate, and advanced class offerings. The program operates under a 35/65 revenue-shar- ing agreement, with 35 percent of gross revenue retained by the city and 65 percent paid to the contractor. Based on prior year trends, projected 2026 gross program revenue is approximately $41,000, resulting in an estimated net return of $14,350 to the city. With average enrollment of approxi- mately 90 participants for each eleven-week session and consistent demand across sessions, the program continues to demonstrate stable participation and reliable revenue generation while providing high-quality, specialized instruction. This consistent participation directly supports the city’s mission to provide accessible and diverse recreational opportunities while generating meaningful revenue for the city. Based on continued successful programming through 2025, the program is projected to generate more than $25,000 in revenue for the city in 2026. The partnership promotes community engagement, youth devel- opment and family participation while aligning with the city’s operational and financial objec- tives. The contractor model enables the parks and recreation department to maintain a long-standing and well-established martial arts program while minimizing operational costs and maintaining fiscal responsibility. The proposed 2026 Recreation Fund budget includes funding for this pro- gram. There are no additional expenses to the parks and recreation department associated with increased program participation. 3 BUDGET IMPACT FUND ACCOUNT PROJECT #(S) AMOUNT AMOUNT BUDGETED AVAILABLE Recreation 296-5058-762.45-99 AT0003 $27,000 $27,000 LEGAL IMPACT The proposed agreement requires an exception to the procurement ordinance, requiring ap- proval by two-thirds of the members of the city council. ALTERNATIVES The city council can choose not to approve the service agreement with the Midwest Academy of TaeKwon-Do and provide additional direction to staff. NEXT STEPS Execute the service agreement with the contractor and establish purchase orders for 2026. Originators: Rachel Pelc, Recreation Supervisor Youth and Teen Jen Hermonson, Parks and Recreation Director Final Review: Debra Nawrocki, Chief Financial Officer Christopher J. Beck, Corporation Counsel Richard G. Kozal, City Manager ATTACHMENTS A. Service Agreement for Midwest Academy of TaeKwon-Do 4  SERVICE AGREEMENT THIS AGREEMENT is made and entered into this _____ day of_____ 2026 by and between the CITY OF ELGIN, Illinois, a municipal corporation (hereinafter referred to as the “City”), and Midwest Academy of TaeKwon-Do, Inc., a corporation organized and existing under the laws of the State of Illinois (hereinafter referred to as the “Service Provider”). WHEREAS, the City has determined that it would serve a beneficial public purpose to enter into an agreement with the Service Provider for the Service Provider to provide certain contract services as described in this agreement on behalf of the City and the City’s Parks and Recreation Department; and WHEREAS, the Service Provider represents that it has the necessary expertise and experience to furnish the Subject Services upon the terms and conditions set forth in this agreement. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby acknowledged, the parties hereto hereby agree as follows: 1. The Service Provider shall provide all of the services as described in Exhibit A, attached hereto and made a part hereof by this reference (such services are hereinafter referred to as the “Subject Services”). Unless otherwise specified in Exhibit A, the Service Provider shall provide the Subject Services at such dates and times as are determined and approved by the City’s Health and Fitness Supervisor. 2. The Service Provider shall also perform the Subject Services according to the Activity Plan which is attached hereto and made a part hereof as Exhibit B. The Service Provider represents and warrants that the Service Provider has the skills and knowledge necessary to conduct the Subject Services provided for in Exhibit A and in the Activity Plan set forth in Exhibit B. It is agreed and understood that the City is relying on such representations and it is further agreed and understood that the Subject Services set forth in Exhibit A and the activity plan set forth in Exhibit B are integral parts of this agreement and not be modified, amended or altered except by a written amendment to this agreement agreed to and executed by both parties hereto. 3. The Service Provider shall perform the Subject Services at the location specified in Exhibit A. In connection with the Subject Services to be performed on other than City properties, the Service Provider warrants and agrees to maintain all facilities and equipment used in the performing of the Subject Services in a clean, sanitary and safe condition and free from defects of every kind whatsoever. Service Provider agrees and warrants that the Service Provider will periodically inspect all of such facilities and equipment for such purposes. Service Provider also warrants that the Service Provider and the Service Provider’s facilities and equipment used in the performing of the Subject Services are not now, nor shall be during the term of this agreement in violation of any health, building, fire or zoning code or regulation or other applicable requirements of law. In connection with the Subject Services on properties owned or controlled by the City, Service Provider agrees and warrants to use, and to cause persons participating in the Subject Services to use, through proper supervision and control, all facilities with due care, and to report all defects in or damage to any such facilities, and the cause thereof, if known, immediately to the City’s Health and Fitness Supervisor.  4. The Service Provider shall complete, maintain and submit to the Health and Fitness Supervisor of the City, or his designee, any and all records, reports and forms relating to the Subject Services and this agreement as requested by the City. 5. The City shall pay the Service Provider for the Subject Services under this agreement the amount of 65% of the resident fee. Notwithstanding anything to the contrary in this agreement, the total monies to be paid by the City to the Service Provider pursuant to this agreement shall not exceed the total amount of $27,000. The City shall make payments to the Service Provider based upon actual progress of the Subject Services within sixty (60) days after the receipt and approval of an invoice. Said periodic payments shall not be made until the services for which payment is sought are completed and accepted by the City. The Service Provider shall submit invoices in a format approved by the City. Progress reports will be included with all payment requests. The Service Provider shall maintain records showing actual time devoted and costs incurred. The Service Provider shall permit the authorized representative of the City to inspect and audit all data and records of the Service Provider for work done under this agreement. The Service Provider shall make these records available at reasonable times during the agreement period, and for a year after the completion of the Subject Services to be performed pursuant to this agreement. 6. Service Provider agrees and warrants that the Service Provider has procured all licenses, permits or like permission required by law to conduct or engage in the Subject Services provided for in this agreement, and that the Service Provider will procure all additional licenses, permits or like permission hereinafter required by law during the term of this agreement, and that the Service Provider will keep same in full force and effect during the term of this agreement. Service Provider shall perform the Subject Services with due care and in compliance with all applicable legal requirements. 7. The enrollment of students or participants for the Subject Services to be conducted pursuant to this agreement is the sole responsibility and right of the City. Service Provider shall not disseminate information to the public concerning the Subject Services to be conducted pursuant to this agreement or independently advertise or solicit students or participants for the Subject Services to be conducted hereunder except with the prior written consent of the City’s Health and Fitness Supervisor. Service Provider shall not represent any activity in which the Service Provider is engaged, including but not limited to the activity which is the subject of this agreement, as having been approved or otherwise use the City’s name in a testimonial manner without the prior written permission of the City’s Health and Fitness Supervisor. The Service Provider shall not solicit or encourage students or participants enrolled by the City in the Subject Services to enroll or participate in competing or similar services which are not sponsored by the City. 8. Notwithstanding any other provision hereof, the City may terminate this agreement at any time upon written notice to the Service Provider. In the event this agreement is so terminated, the Service Provider shall be paid for services actually performed. 9. This agreement shall become effective as of the date the Service Provider is given notice to proceed by the City and, unless terminated for cause or pursuant to paragraph 8, shall be determined to conclude on December 31, 2026 or such earlier date that the City determines that all of the Service Provider’s work under this agreement is completed. This agreement shall 2 automatically renew for three (3) successive one-year terms unless either the City or the Service Provider gives notice to the other party of its intent not to renew at least sixty (60) days prior to the conclusion of the initial term or of any successive renewal terms. A determination of completion by the City under this paragraph shall not constitute a waiver of any rights or claims which the City may have or thereafter acquire with respect to any term or provision of the agreement. 10. This agreement shall not be construed so as to create a partnership, joint venture, employment or other agency relationship between the parties hereto. Service Provider understands and agrees that the relationship of the Service Provider to the City arising out of this agreement shall be that of an independent contractor. It is expressly agreed and understood that the Service Provider and the Service Provider’s officers, employees and agents are not employees of the City and are not entitled to any benefits or insurance provided to employees of the City. City shall not be entitled to direct Service Provider as to the means or methodology of performance of this agreement by the Service Provider. 11. If either party violates or breaches any term of this agreement, such violation or breach shall be deemed to constitute a default, and the other party has the right to seek administrative, contractual or legal remedies as may be suitable to the violation or breach. 12. To the fullest extent permitted by law, Service Provider agrees to indemnify, defend and hold harmless the City, its officers, employees, agents, boards and commissions from and against any and all claims, suits, judgments, costs, attorney’s fees, damages or other relief, including but not limited to worker’s compensation claims, in any way resulting from or arising out of negligent actions or omissions of the Service Provider in connection herewith, including negligence or omissions or agents of the Service Provider arising out of the performance of this agreement. In the event of any action against the City, its officers, employees, agents, boards or commissions covered by the foregoing duty to indemnify, defend and hold harmless, such action shall be defended by legal counsel of the City’s choosing. The provisions of this paragraph shall survive any termination of this agreement. 13. No official, director, officer, agent or employee of the City shall be charged personally or held contractually liable under any term or provision of this Agreement or because of their execution, approval or attempted execution of this Agreement. 14. The Service Provider shall provide, pay for and maintain in effect, during the term of this agreement, a policy of comprehensive general liability insurance, written in occurrence form, with limits of at least $1,000,000 per occurrence for bodily injury and $1,000,000 per occurrence for property damage. The Service Provider shall deliver to the City a certificate of insurance naming the City as an additional insured. The policy shall not be modified or terminated without ten (10) days prior written notice to the City. The certificate of insurance shall include the contractual obligation assumed by the Service Provider under Paragraph 12 hereof. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to the City. There shall be no endorsement or modification of this insurance to make it excess over other available insurance; alternatively, if the insurance states that it is excess or pro rate, it shall be endorsed to be primary with respect to the City. The Service Provider shall also provide, pay for and maintain in effect during the term of this agreement worker’s compensation insurance in amounts required under the laws of the State of Illinois. 3  15. In all hiring or employment made possible or resulting from this Agreement, there shall be no discrimination against any employee or applicant for employment because of sex, age, race, color, creed, national origin, marital status, of the presence of any sensory, mental or physical handicap, unless based upon a bona fide occupational qualification, and this requirement shall apply to, but not be limited to, the following: employment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. 16. No person shall be denied or subjected to discrimination in receipt of the benefit of any services or activities made possible by or resulting from this Agreement on the grounds of sex, race, color, creed, national origin, age except minimum age and retirement provisions, marital status or the presence of any sensory, mental or physical handicap. Any violation of this provision shall be considered a violation of a material provision of this Agreement and shall be grounds for cancellation, termination or suspension, in whole or in part, of the Agreement by the City. 17. The parties intend and agreed that, if any paragraph, sub-paragraph, phrase, clause or other provision of this Agreement, or any portion thereof, shall be held to be void or otherwise unenforceable, all other portions of this Agreement shall remain in full force and effect. 18. This Agreement and its exhibits constitutes the entire Agreement of the parties on the subject matter hereof and may not be changed, modified, discharged or extended except by written amendment duly executed by the parties. Each party agrees that no representations or warranties shall be binding upon the other party unless expressed in writing herein or in a duly executed amendment hereof. 19. This Agreement shall be deemed to have been made in, and shall be construed in accordance with the laws of the State of Illinois. Venue for the resolution of any disputes or the enforcement of any rights pursuant to this agreement shall be in the Circuit Court of Kane County, Illinois. With the sole exception of an action to recover any money to which it may be entitled pursuant to the specific provisions of this Agreement, and notwithstanding anything else to the contrary in this agreement, no action shall be commenced by the Service Provider against the City for monetary damages. In the event any legal action is brought by the City for the enforcement of any of the obligations of the Service Provider in this agreement and the City is the prevailing party in such action, the City shall also be entitled to recover from Service Provider 9% per annum interest and attorney’s fees at the rate of $300 per hour, which Service Provider hereby agrees constitutes a reasonable rate. 20. The Service Provider certifies hereby that it is not barred from bidding on a public contact as a result of a violation of 720 ILCS 5/33E et seq. or any similar state or federal statute regarding bid rigging. 21. As a condition of this contract, the Service Provider shall have written sexual harassment policies that include, at a minimum, the following information: A. the illegality of sexual harassment; B. the definition of sexual harassment under state law; C. a description of sexual harassment, utilizing examples; 4  D. the vendor's internal complaint process including penalties; E. the legal recourse, investigative and complaint process available through the Illinois Department of Human Rights, and the Illinois Human Rights Commission; F. directions on how to contact the department and commission; G. protection against retaliation as provided by Section 6-101 of the Human Rights Act. A copy of the policies must be provided to the Department of Human Rights upon request 775 ILCS 5/2-105. 22. As a further condition of this agreement, the Service Provider shall submit to and pass a drug test and criminal history background check. The requirements necessary to constitute "passing" shall be at City's sole discretion. Service Provider warrants and represents, and understands and agrees, that as a term and condition of this agreement that Service Provider is not and has not within the past thirty (30) days, and shall not during the term of this agreement, use or used any illegal drug or unexplained legal drug; nor has Service Provider been convicted of any crime of which Service Provider has failed to provide written notice to City. In the event that Service Provider is determined to have violated this or any other provisions of this agreement, Service Provider shall be deemed to be in breach of this agreement, and may be terminated by City immediately without penalty to City. 23. All notices, reports and documents required under this Agreement shall be in writing and shall be mailed by First Class Mail, postage prepaid, addressed as follows: As to the City: As to Service Provider: 100 Symphony Way Midwest Academy of Elgin, IL 60120 TaeKwon-Do, Inc. Attn: Jen Hermonson Elgin, IL 60120 With a copy to: Christopher Beck Corporation Counsel 150 Dexter Court Elgin, IL 60120 24. This agreement is and shall be deemed to construe to be a joint and collective work product of the City and the Service Provider and, as such, this agreement shall not be construed against the other party, as the otherwise purported drafter of same, by any court of competent jurisdiction in order to resolve any inconsistency, ambiguity, vagueness or conflict, if any, of the terms and provisions contained herein. 25. This agreement shall be binding on the parties hereto and their respective successors and permitted assigns. This agreement and the obligations herein may not be assigned by the Service Provider without the express written consent of the City which consent may be withheld at the sole discretion of the City. 5  26. Notwithstanding any other provision of this agreement it is expressly agreed and understood that in connection with the performance of this agreement that the Service Provider shall comply with all applicable Federal, State, City and other requirements of law, including, but not limited to, any applicable requirements regarding prevailing wages, minimum wage, workplace safety and legal status of employees. Without limiting the foregoing, Service Provider hereby certifies, represents and warrants to the City that all Service Provider’s employees and/or agents who will be providing products and/or services with respect to this agreement shall be legal residents of the United States. Service Provider shall also at its expense secure all permits and licenses, pay all charges and fees and give all notices necessary and incident to the due and lawful prosecution of the work, and/or the products and/or services to be provided for in this agreement. The City shall have the right to audit any records in the possession or control of the Service Provider to determine Service Provider’s compliance with the provisions of this section. In the event the City proceeds with such an audit the Service Provider shall make available to the City the Service Provider’s relevant records at no cost to the City. Service Provider shall pay any and all costs associated with any such audit. 27. Execution. This Agreement may be executed in counterparts, each of which shall be an original and all of which shall constitute one and the same agreement. This Agreement may be executed electronically, and any signed copy of this Agreement transmitted by facsimile machine, email, or other electronic means shall be treated in all manners and respects as an original document. The signature of any party on a copy of this Agreement transmitted by facsimile machine, email, or other electronic means shall be considered for these purposes an original signature and shall have the same legal effect as an original signature. IN WITNESS WHEREOF, the undersigned have executed this agreement on the date and year first written above. Midwest Academy of TaeKwon-Do, Inc. CITY OF ELGIN ______________________________________ ______________________________________ Signature Richard G. Kozal, City Manager Attest: ______________________________________ City Clerk Legal Dept\Agreement\Midwest TaeKwon-Do 2026 Service Agr-2-20-26.docx 6 EXHIBIT A 7 EXHIBIT B 8 AGENDA ITEM: G MEETING DATE: February 25, 2026 ITEM: Property Tax Abatement for the 2026 Adopted Budget (No Cost) OBJECTIVE: Adopting ordinances for abating taxes for the property tax levy consistent with the adopted budget. RECOMMENDATION: Approve the abatement ordinances and resulting tax levy to realize the property tax dollar amount consistent with the adopted 2026 budget. The city annually prepares property tax abatement ordinances that remove from the annual prop- erty tax extension debt payments relating to general obligation bonds issued to finance Enterprise Fund capital improvements typically relating to water and sewer. The city makes payment on those bonds from the utility fees paid by the water and sewer users. The tax abatement ordi- nances are enacted to prevent property taxes from being used to service Enterprise Fund debt. BACKGROUND Bonds that are used to fund major capital improvements are sold as General Obligation (G.O.) Bonds of the city (i.e., backed by property taxes) because they secure the lowest interest rates. Annually, the city abates the property tax associated with various G.O. bond issues when suffi- cient revenues exist from the collection of water, sewer and other fees. This abatement takes place to minimize the bond and interest tax levy and avoid the double collection of revenues (property tax and user fees). OPERATIONAL ANALYSIS When preparing the property tax extension, the county clerks initially extend taxes for the aggre- gate amount of principal and interest payments of the taxing district’s outstanding debt issues. For the 2025 property tax year (2026 budget), the city’s aggregate bond payments total $10,662,250. The tax levy filed with Kane and Cook counties included $8,699,100 of debt abate- ments which reduced the debt levy to $1,963,150. The abatements are applied to those G.O. bond issues that are supported by Enterprise Fund revenues (utility fees paid by the system user) 1 or other special revenue, such as the Riverboat or the Corporate Bond funds. The bond issues, along with this year’s scheduled abatement of $8,699,100, are as follows: Issue Amount 2015A G.O. Bonds (Refunding) (1) 781,300 2016 G.O. Bonds (1) 817,950 2019 G.O. Bonds (1) 797,850 2020A G.O. Bonds (Refunding) (1) 1,279,050 2020B G.O. Bonds (1) 399,800 2021A G.O. Bonds (Refunding) (1) 486,750 2021B G.O. Bonds (1) 786,700 2022 G.O. Bonds (1) 1,297,600 2024 G.O. Bonds (1) 458,600 2025 G.O. Bonds (1) 1,593,500 Total Scheduled Abatement $ 8,699,100 1. Abated from Water/Sewer Funds The counties will not reduce the property tax levy for bond and interest payments until such time as the city files debt abatement ordinances. INTERESTED PERSONS CONTACTED John Emerson, Director, Tax Extension, Kane County. FINANCIAL ANALYSIS The financial impact of the 2025 property tax levy for the 2026 budget totals $65,611,940. General Fund $32,000,000 IMRF Pension/Social Security 5,337,170 Special Recreation 1,598,000 Police Pension 14,043,920 Fire Pension 10,669,700 Bond & Interest 1,963,150 Total Levy $65,611,940 BUDGET IMPACT FUND ACCOUNT PROJECT # AMOUNT AMOUNT BUDGETED AVAILABLE N/A N/A N/A N/A N/A 2 LEGAL IMPACT None. ALTERNATIVES The city council could choose not to approve the abatement ordinances, resulting in a double collection of revenues (property tax and user fees). NEXT STEPS 1. Prepare abatement ordinances. 2. File abatement ordinances with Kane and Cook counties. Originators: Debra Nawrocki, Chief Financial Officer Final Review: Christopher J. Beck, Corporation Counsel Richard G. Kozal, City Manager ATTACHMENTS A. Levy Confirmation for 2025 3 AGENDA ITEM: H MEETING DATE: February 25, 2026 ITEM: General Obligation Corporate Purpose Bonds—Sale to Finance Utility Fund Projects (Up to $26,936,550) OBJECTIVE: Obtaining funding for financing the improvement of underground utilities. RECOMMENDATION: Authorize the sale of General Obligation Corporate Purpose Bonds, Series 2026, in an amount not to exceed $26,936,550. Investing in utility infrastructure is necessary for the city to maintain a reliable and robust water works system. The 2026 Utility Fund Adopted Budget and 2026-2030 Financial Plan incorporates the issuance of debt to finance 2026 strategic initiatives. The funds will be used for improvements to water mains, water treatment plant improvements, modifications to city wells and other water distribution system improvements. The 2026 Adopted Budget approves issuing debt in the amount of $40.6 million. When the budget was adopted, the city was evaluating participating in the Illinois Environmental Protection Agency’s (IEPA) public water supply loan program. The amount and terms of funding for which the city will be eligible was not finalized when the budget was adopted. The city has since been approved for $13.6 million in IEPA funding for 2026. The funding is comprised of a $4,000,000 loan of which $2,465,000 is forgivable, the city being required to repay the remaining $1,535,000 in the form of an interest free loan. The city will also be receiving a 30-year interest free loan in the amount of $9,628,857. The city plans to accept the maximum funding that can be received through IEPA’s interest-free loan program. The city’s issuance of general obligation bonds will be reduced by the amount of funding secured through the IEPA loan program. Current projections estimate that the interest rate on the bonds will be approximately four percent. The bonds will be sold and presented to the city council for approval in April 2026 to secure the funding before the construction season. BACKGROUND The 2026 Adopted Budget and 2026-2030 Financial Plan include the financing of utility fund (wa- ter and sewer) capital improvements through the issuance of general obligation (G.O.) bonds. (A copy of the 2026 Utility Fund Strategic Initiatives highlighting the scheduled capital projects is included as Attachment B). The 2026 strategic objectives include $14.1 million for lead service line replacements. The city has been approved to borrow a portion of the funding required to complete the 2026 lead service line replacement program from the Illinois Environmental Protection Agency’s (IEPA) public water supply loan program. The city has been approved for a $4.0 million loan. The loan is comprised of two components including principal forgiveness of $2,465,000 million and an inter- est free loan of $1,535,000. The city has also been approved for an additional $9.6 million in bypass funding in the form of an interest free loan with a 30-year term. These loans from the IEPA, which when combined total $13.6 million, will reduce the amount of the general obligation bonds. The interest rate on the 2026 general obligation bonds is estimated to be four percent. The city can accept up to $19 million from the IEPA loan program as approved by city council on December 17, 2025 (Ordinance G54-25, included as Attachment C). OPERATIONAL ANALYSIS The city issues G.O. bonds rather than revenue bonds for utility projects. G.O. debt carries a lower interest rate because of the ultimate pledge of property tax dollars to finance the debt repay- ment. User fees collected from water and sewer customers have been utilized to retire the an- nual principal and interest payments. The applicable portion of the enterprise fund’s G.O. debt is abated to ensure no property taxes are levied for such projects. The new G.O. bond issue in an amount not to exceed approximately $27 million will be sold through a competitive sale. The city’s municipal consultant, Speer Financial, Inc., will solicit and compute the lowest bid at the bond sale scheduled to occur on April 22, 2026. Speer provides the personnel and resources necessary to complete the sale in a timely and efficient manner and its service fees are the same as in previous years. Preliminary Bond Financing Timetable  Wednesday, February 25, 2026 – Bond issue referred to city council for consideration of topic  Monday, March 2, 2026 – Preliminary official statement sent to financing team and rating agency (Standard & Poor’s)  Monday, March 16, 2026 – Comments on official statement returned to Speer Financial  Thursday, March 19, 2026 – Updated official statement to financing team and rating agency  Week of March 23, 2026 – Rating call with Standard & Poor’s 2   Week of March 23, 2026 – Conference call with disclosure counsel  Monday, April 6, 2026 – All final comments on official statement returned to Speer Finan- cial  Thursday, April 9, 2026 (no later than) – receive rating  Monday, April 13, 2026 - Print and distribute preliminary official statement for marketing and pricing on day of sale  Wednesday, April 22, 2026 – Bond sale, presentation to city council  Wednesday, May 6, 2026 – Bond closing The following chart depicts the city’s debt per capita over the last five years and estimates for 2025 and 2026, including this new debt issue. Total debt for the purpose of this calculation in- cludes outstanding GO debt and IEPA loan funding. Debt per capita is a measure of how much debt a government has per citizen and is an indicator of an organization’s ability to meet its ob- ligations. Debt Per Capita 2020 $575 2021 $573 2022 $600 2023 $511 2024 $537 2025 Estimate $632 2026 Estimate $791 When issuing debt, the city considers total outstanding debt and ensures that when averaging proposed debt with existing debt, 50 percent of the principal shall be retired within ten years. When combining the debt schedules for the proposed new debt with currently outstanding debt schedules, 66 percent of the total principal will be paid off within ten years, above the prescribed guideline. Utility debt service schedules are currently being prepared and will maximize principal retirement from available water and sewer revenues generated by the rates approved in the 2026 Budget and 2026-2030 Financial Plan. The 2026 G.O. bonds are expected to be retired over fifteen years. INTERESTED PERSONS CONTACTED Speer is engaged to coordinate the issuance of the new bonds as well as oversee the competitive sale. The law firm of Chapman and Cutler will serve as the city’s bond counsel. Standard & Poor’s 3 will be asked to provide a credit rating on the general creditworthiness of the city and the bond issue. FINANCIAL ANALYSIS The approximately $27 million in general obligation debt being issued for utility infrastructure improvements factors in the availability of impact fees, project savings, interest earnings and IEPA funding, which are used to decrease the amount of the bond financing. The 2026-2030 Utility Fund financial plan incorporates user fees which will accommodate the timely payment of G.O. Corporate Purpose Bonds, Series 2026. BUDGET IMPACT FUND ACCOUNT PROJECT # AMOUNT AMOUNT BUDGETED AVAILABLE N/A N/A N/A N/A N/A LEGAL IMPACT An ordinance providing for the issuance of “G.O. Corporate Purpose Bonds, Series 2026” and providing for the levy and collection of an annual tax will need to be prepared. ALTERNATIVES The city council may choose not to authorize the sale of G.O. Corporate Purpose Bonds or reduce the amount of the issuance. Reducing the amount of the issuance will postpone the utility capital projects. NEXT STEPS 1. Prepare an official statement for the 2026 bond issue. 2. Adopt an ordinance authorizing issuance of “G.O. Corporate Purpose Bonds, Series 2026.” 3. Arrange for the sale of the new bonds. Originators: Debra Nawrocki, Chief Financial Officer Final Review: Christopher J. Beck, Corporation Counsel Richard G. Kozal, City Manager 4 ATTACHMENTS A. General Obligation Debt Outstanding B. 2026 – 2030 Utility Fund Strategic Initiatives C. Ordinance G54-25, Authorizing the City to borrow funds from the Illinois Environmental Protection Agency’s Public Water Supply Program for lead service line replacements 5 City of Elgin General Obligation Debt Outstanding Amount Outstanding 12/31/2025 GENERAL PURPOSE General Purpose 2016 5,885,000.00 General Purpose 2022 3,235,000.00 TOTAL $ 9,120,000.00 SEWER SYSTEM Sewer Purpose 2019 600,000.00 Sewer Purpose 2020A Refunding 245,000.00 Sewer Purpose 2021A Refunding 75,000.00 Sewer Purpose 2021B 900,000.00 Sewer Purpose 2022 165,000.00 Sewer Purpose 2024 575,000.00 Sewer Purpose 2025 3,325,000.00 TOTAL $ 5,885,000.00 WATER SYSTEM Water Purpose 2015A Refunding 1,210,000.00 Water Purpose 2016 3,765,000.00 Water Purpose 2019 4,995,000.00 Water Purpose 2020A Refunding 2,890,000.00 Water Purpose 2020B 745,000.00 Water Purpose 2021A Refunding 1,160,000.00 Water Purpose 2021B 6,185,000.00 Water Purpose 2022 5,760,000.00 Water Purpose 2024 4,015,000.00 Water Purpose 2025 12,445,000.00 TOTAL $ 43,170,000.00 TOTAL DEBT $ 58,175,000.00  2026 Budget and 2026 - 2030 Financial Plan Utility Fund Strategic Initiatives: 2026 - 2030 2026 2027 2028 2029 2030 Means of Financing Budget Planned Planned Planned Planned Bond Sale $ 29,590,400 $ 31,818,987 $ 26,278,150 $ 46,524,497 $ 63,888,122 Impact Fees 1,000,000 500,000 300,000 300,000 300,000 Interceptor Fees 777,000 821,000 1,084,230 741,520 525,320 Capital Project Fund 3,000,000 3,000,000 3,000,000 3,000,000 3,000,000 IEPA interest Free Loans 10,975,000 12,384,000 12,816,000 - - Reserves - 1,000,000 1,000,000 2,000,000 2,000,000 Project Savings/ Interest Earnings/Cash Reserves - - - - Total Means of Financing $ 45,342,400 $ 49,523,987 $ 44,478,380 $ 52,566,017 $ 69,713,442 Strategic Initiatives 1 Lead Service Line Replacement 14,100,000 14,260,087 14,687,890 15,128,527 15,582,382 2 New Well Installations - - 585,060 10,199,070 27,631,140 3 PRV Replacement 100,000 637,000 675,000 716,000759,000 4 Well Modifications 500,000 1,801,000 1,855,000 1,910,000 1,968,000 5 Annual Water Distribution System Upgrading 19,584,200 16,390,900 18,374,200 17,936,900 17,149,600 6 River Intake Modifications 500,000 500,000 - - - 7 Facility Parking Lot Replacement - 600,000 - - - 8 Airlite Generators 230,000 3,770,000 - - - 9 PFAS Treatability Study 500,000 - - - - 10 West Zone Pump/PRV Modification 200,000 1,100,000 - - - 11 West Zone Connectivity - 2,400,000 - - - 12 Ground Storage Reservoir Rehabilitation 200,000 437,000 119,000 78,000 - 13 Combined Sewer Separation Projects 5,910,900 5,264,000 5,594,000 4,516,000 4,806,000 14 Annual Collection System Upgrades 2,210,300 1,000,000 941,000 760,000695,000 15 Sewer Lining Program 530,000 543,000 563,000 580,000597,000 16 Sewer Lift Station Rehabilitation 777,000 821,000 1,084,230 741,520525,320 17 - - - - 18 - - - - 19 - - - - 20 - Total Strategic Initiatives $ 45,342,400 $ 49,523,987 $ 44,478,380 $ 52,566,017 $ 69,713,442  Ordinance No. G54-25 AN ORDINANCE AUTHORIZING THE CITY OF ELGIN, KANE COUNTY, ILLINOIS TO BORROW FUNDS FROM THE ILLINOIS ENVIRONMENTAL PROTECTION AGENCY'S PUBLIC WATER SUPPLY LOAN PROGRAM FOR THE CITY OF ELGIN LEAD SERVICE LINE REPLACEMENT PROJECT WHEREAS, the City of Elgin, Kane County, Illinois (the "City"), operates its public water supply system (the "System") and in accordance with the provisions of Article VII of the Illinois Constitution and the Local Government Debt Reform Act, 30 ILCS 350/1 et seq. (collectively the "Act"); and WHEREAS, the Mayor and the City Council of the City of Elgin (the "Corporate Authorities") have determined that it is advisable, necessary, and in the best interest of the public health, safety, and welfare to improve the System, including the following: Replacement by the City of the publicly-owned and privately-owned portions of the lead water service from the water meter to the water main for up to 870 properties; together with any land or rights in land and all electrical, mechanical or other services necessary, useful or advisable to the construction and installation (the "Project"), all in accordance with the plans and specifications prepared by the consulting engineers of the City of Elgin which Project has a useful life of 100 years; and WHEREAS, the estimated cost of construction and installation of the Project, including engineering, legal, financial and other related expenses is up to Nineteen Million Dollars ($19,000,000), and there are insufficient funds on hand and lawfully available to pay these costs; and WHEREAS, the loans shall bear an interest rate as defined by 35 Ill. Adm. Code 662, which does not exceed the maximum rate authorized by the Bond Authorization Act, as amended, 30 ILCS 305/0.01 et seq., at the time of the issuance of the loans; and WHEREAS, to principal and interest payment shall be payable semi-annually, and the loans shall mature in no greater than 30 years, which is within the period of useful life of the Project; and WHEREAS, the costs are expected to be paid for with loans to the City from the Public Water Supply Loan Program through the Illinois Environmental Protection Agency, the loans to be repaid from revenues of the System, and the loans are authorized to be accepted at this time pursuant to the Act; and WHEREAS, in accordance with the provisions of the Act, the City is authorized to borrow funds from the Public Water Supply Loan Program in the aggregate principal amount of up to $19,000,000 to provide funds to pay the costs of the Project; and WHEREAS, the loans to the City shall be made pursuant to Loan Agreements, including certain terms and conditions between the City and the Illinois Environmental Protection Agency;  NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, KANE COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1. INCORPORATION OF PREAMBLES The Corporate Authorities hereby find that the recitals contained in the preambles are true and correct, and incorporate them into this Ordinance by this reference. SECTION 2. DETERMINATION TO BORROW FUNDS It is necessary and in the best interests of the City to construct the Project for the public health, safety, and welfare, in accordance with the plans and specifications, as described; that the System continues to be operated in accordance with the provisions of the Illinois Environmental Protection Act, 415 ILCS 5/1 et seq.; and that for the purpose of constructing the Project, it is hereby authorized that funds be borrowed by the City in the aggregate principal amount (which can include construction period interest financed over the term of the loans) not to exceed $19,000,000. SECTION 3. ADDITIONAL ORDINANCES The Corporate Authorities may adopt additional ordinances or proceedings supplementing or amending this Ordinance, providing for entering into the Loan Agreements with the Illinois Environmental Protection Agency, prescribing all the details of the Loan Agreements, and providing for the collection, segregation and distribution of the revenues of the System, so long as the maximum amount of the Loan Agreements as set forth in this Ordinance is not exceeded and there is no material change in the project or purposes described herein. Any additional ordinances or proceedings shall in all instances become effective in accordance with the Act or other applicable laws. This Ordinance, together with such additional ordinances or proceedings, shall constitute complete authority for entering into the Loan Agreements under applicable law. However, notwithstanding the above, the City may not adopt additional ordinances or amendments which provide for any substantive or material change in the scope and intent of this Ordinance, including but not limited to interest rate, preference or priority of any other ordinance with this Ordinance, parity of any other ordinance with this Ordinance, or otherwise alter or impair the obligation of the City to pay the principal and interest due to the Public Water Supply Loan Program without the written consent of the Illinois Environmental Protection Agency. SECTION 4. LOANS NOT INDEBTEDNESS OF THE CITY Repayment of the loans to the Illinois Environmental Protection Agency by the City pursuant to this Ordinance is to be solely from the revenue derived from the revenues of the System, and the loans do not constitute an indebtedness of the City within the meaning of any constitutional or statutory limitation. 2  SECTION 5. APPLICATION FOR LOANS The City Manager is hereby authorized to make application to the Illinois Environmental Protection Agency for loans through the Public Water Supply Loan Program, in accordance with the loan requirements set out in 35 Ill. Adm. Code 662. SECTION 6. ACCEPTANCE OF LOAN AGREEMENTS The Corporate Authorities hereby authorize acceptance of the offer of loans through the Public Water Supply Loan Program, including all terms and conditions of the Loan Agreements as well as all special conditions contained therein and made a part thereof by reference. The Corporate Authorities further agree that the loan funds awarded shall be used solely for the purposes of the project as approved by the Illinois Environmental Protection Agency in accordance with the terms and conditions of the Loan Agreements. SECTION 7. OUTSTANDING BONDS The City has outstanding bonds, payable from revenues of the system, that are senior to the loans authorized by this Ordinance, and the City establishes an account, coverage, and reserves equivalent to the account(s), coverage(s) and reserve(s) as the senior lien holders in accordance with 35 Ill. Adm. Code 662.350(a)(9)(C)(PWS). SECTION 8. AUTHORIZATION OF MAYOR TO EXECUTE LOAN AGREEMENTS The Mayor is hereby authorized and directed to execute the Loan Agreements with the Illinois Environmental Protection Agency. The Corporate Authorities may authorize by resolution a person other than the Mayor for the sole purpose of authorizing or executing any documents associated with payment requests or reimbursements from the Illinois Environmental Protection Agency in connection with these loans. SECTION 9. SEVERABILITY If any section, paragraph, clause or provision of this Ordinance is held invalid, the invalidity of such section, paragraph, clause or provision shall not affect any of the other provisions of this Ordinance. SECTION 10. REPEALER All ordinances, resolutions, orders, or parts thereof, which conflict with the provisions of this Ordinance, to the extent of such conflict, are hereby repealed. 3  SECTION 11. EFFECTIVE DATE That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: December 17, 2025 Passed: December 17, 2025 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: December 17, 2025 Published: December 17, 2025 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk 4 AGENDA ITEM: I MEETING DATE: February 25, 2026 ITEM: 1425 Gifford Road—Public Improvements and Easement Acceptance (No Cost) OBJECTIVE: Fulfill the city’s obligation to maintain reliable infrastructure for serving businesses and residents. RECOMMENDATION: Approve the acceptance of the public improvements and related easements for ownership and maintenance within the site located at 1425 Gifford Road. The building expansion and associated infrastructure improvements for the site located at 1425 Gifford Road required to construct a public sidewalk along Gifford Road and Spaulding Road. The sidewalk was constructed within the existing city right-of-way as a public sidewalk, except at the northwest corner of the property, where the sidewalk is built within a city easement. The config- uration within the city easement is necessary to avoid existing utility infrastructure and to ensure the sidewalk alignment provides a safe, ADA-accessible route. One easement allows the city ac- cess to the sidewalk constructed on private property while the stormwater management ease- ment allows the city to enter private property to maintain the detention system. BACKGROUND Kimley-Horn and Associates, Inc. provided engineering plans for the building expansion and as- sociated infrastructure improvements for the property at 1425 Gifford Road that were reviewed and approved by the engineering department in 2024. The site is located south of Spaulding Road and east of Gifford Road. A location map is provided as Attachment A. The applicant was required to construct a public sidewalk along Gifford Road and Spaulding Road, which was included on the approved engineering plans. The sidewalk was constructed within the existing city right-of-way as a public sidewalk, except at the northwest corner of the property. The sidewalk is built within the city easement at this location. The configuration within the city easement was necessary to avoid existing utility infrastructure and to ensure the sidewalk align- ment provides a safe, ADA-accessible route. Modifications to the existing stormwater detention area were included as part of this redevelop- ment project. As part of that process and to fulfill the requirements of the Kane County Storm- water Ordinance, the project was required to grant a stormwater management easement over the detention area. This easement gives the city the right to maintain the facility should it be needed. WillScot requested that the city accept the public improvements constructed within the site for ownership and maintenance. The engineering department provided field inspection throughout the construction process of the public and quasi-public improvements. To process acceptance of public and quasi-public improvements by the city council, the engineering department, with as- sistance from public works, developed a final punch list of items to be addressed. After final in- spection, it was determined that all items were properly addressed and therefore considered acceptable. OPERATIONAL ANALYSIS Acceptance of the public improvements will add the following city-maintained facilities: 10,176 square feet of sidewalk. The city will perform a follow-up inspection within the twelve-month maintenance period from the date of the resolution accepting the public improvements. The city’s acceptance of the public improvements and related easements (Attachment B) will ensure proper general maintenance, providing residents and visitors with reliable infrastructure for business and leisure activities. INTERESTED PERSONS CONTACTED None. FINANCIAL ANALYSIS There are no direct immediate costs associated with acceptance of this easement. BUDGET IMPACT FUND(S) ACCOUNT(S) PROJECT #(S) AMOUNT AMOUNT BUDGETED AVAILABLE N/A LEGAL IMPACT None. 2 ALTERNATIVES None. The city must have an easement to enter onto private property. NEXT STEPS 1. Approve a resolution accepting the plat of easement and the public improvements. 2. Record the plat of easement at the Cook County Recorder’s Office. 3. Provide a copy of the recorded document to the site owner. 4. Secure a twelve-month surety in the amount of ten percent of the cost for the accepted improvements to ensure them against defects caused by faulty workmanship or inferior materials. 5. If no defects are found within twelve months after city council’s acceptance of the public improvements, return the twelve-month surety to the developer. Originators: Amanda J. Olsen, CFM, Engineer II Final Review: Debra Nawrocki, Chief Financial Officer Christopher J. Beck, Corporation Counsel Richard G. Kozal, City Manager ATTACHMENTS A. Location Map B. Plat of Easement 3  1200 SPAULDING RD 1250 SPAULDING RD 1300 SPAULDING RD 1395 GIFFORD RD 1391 GIFFORD RD Spaulding Rd Gifford Rd 1425 GIFFORD RD 1275 SPAULDING RD 1565 GIFFORD RD 1559 GIFFORD RD ATTACHMENT A 1425 Gifford Rd 0 ¯ 300 600 Feet Prepared by City of Elgin 1,200 ITS Department GIS Division, February 2026 ATTACHMENT B AGENDA ITEM: J MEETING DATE: February 25, 2026 ITEM: Highland Woods Subdivision Neighborhood G & I—Acceptance of Public Improvements ($36,500 Estimated Five-Year Maintenance Cost) OBJECTIVE: Fulfill the city’s obligation to maintain reliable infrastructure for serving businesses and residents. RECOMMENDATION: Approve the acceptance of the public improvements for ownership and maintenance in the High- land Woods Subdivision Neighborhood G & I. Highland Woods Subdivision Neighborhood G&I was platted in 2019. This development is com- prised of single-family homes with three public roads. Crown Community Development has com- pleted the installation and punch list of all infrastructure items and is requesting acceptance by the city. With this acceptance, the city will take ownership and maintenance of streets, sidewalks, watermains, sanitary sewers, storm sewer, streetlights, street signs and parkway trees. BACKGROUND ESM Civil Solutions, LLC, provided engineering plans to the city that were subsequently approved in 2019. Following engineering approval, a surety was provided in order for the plat to be ap- proved by city council for the Highland Woods Subdivision Neighborhood G&I on August 28, 2019. The plat was then recorded as document 2019K044520 with the Kane County Recorder’s Office. The subdivision is located west of Coombs Road and north of U.S. Route 20 as shown on Attach- ment A. Access to the subdivision is provided via Highland Woods Boulevard with access points on both Coombs Road and U.S. Route 20. Access to the single-family homes is via the three public streets, Reddington Circle, Fairfield Drive, or Bradbury Lane. To complete the process for acceptance of the public and quasi-public improvements by the city council, the engineering department, with the assistance of public works staff, developed a final punch list of items to be addressed. After Crown Community Development addressed all the punch list items, a final field inspection was performed. All punch list items related to the infra- structure being accepted have been properly addressed. The portions of the storm sewer system that are to be owned and maintained by the Homeowners Association is shown on the storm sewer ownership exhibit as Attachment B. As part of this acceptance, the city will take ownership and maintenance of streets, sidewalks, watermains, sanitary sewers, storm sewer, streetlights, street signs, parkway trees and their re- lated appurtenances. OPERATIONAL ANALYSIS Acceptance of these improvements will add the following maintained facilities: 45 lineal feet of 6-inch water main, 4,835 lineal feet of 8-inch water main, twelve 8-inch valves in 48-inch vaults, 16 fire hydrants, 4,198 lineal feet of 8-inch sanitary sewer, 25 sanitary manholes, 578 lineal feet of 12-inch storm sewer, 676 lineal feet of 15-inch storm sewer, 405 lineal feet of 18-inch storm sewer, 195 lineal feet of 21-inch storm sewer, 332 lineal feet of 24-inch storm sewer, 495 lineal feet of 30” storm sewer, 24 storm manholes, 31 catch basins, 25 streetlights, 20 street signs, 4,586 lineal feet of improved street, 9,172 lineal feet of curb and gutter, 44,600 square feet of sidewalk, 203 parkway trees and their appurtenances to the city maintained facilities. The city’s acceptance of the public improvements will ensure proper snow removal and general maintenance, providing residents and visitors with reliable infrastructure for business and leisure activities. INTERESTED PERSONS CONTACTED Staff worked with the subdivision developer, Crown Community Development, to ensure all re- quirements were met. FINANCIAL ANALYSIS There are no direct, immediate costs associated with this acceptance. However, maintenance and operating costs for the water main, the sanitary sewer main, the storm sewer system, pave- ment, sidewalks, streets lights, street signs and their appurtenances will increase over time and will be included as part of the annual budgeting process. The estimated five-year maintenance cost is $36,500. BUDGET IMPACT FUND(S) ACCOUNT(S) PROJECT #(S) AMOUNT AMOUNT BUDGETED AVAILABLE N/A N/A N/A N/A N/A 2 LEGAL IMPACT None. ALTERNATIVES None. NEXT STEPS 1. Request sureties per the acceptance agreement for improvements against defects caused by faulty workmanship or inferior materials. 2. If no defects are found within one year after city council’s acceptance of certain public improvements, return the surety documents to Crown Community Development. Originators: Amanda Olsen, Engineer II Final Review: Debra Nawrocki, Chief Financial Officer Christopher J. Beck, Corporation Counsel Richard G. Kozal, City Manager ATTACHMENTS A. Subdivision Location Map B. Storm Sewer Ownership Exhibit 3  Ma r t le C lis Redd Ct ingto n Cir Sk HIGHLAND WOODS Dr Reddingto yg n Cir l ade - NEIGHBORHOODS Fai n lis le G&I rfie Bradbury Ln L Gre ld Cir M W ar enbr Hi i ar D gh lan r t on dA wood Ave Reddi n g ve ch Ri Lan s m Marlisle Ln cape Ter ere Ave Waters Peregrine Wy Pl Red l Sk yg Fewflower Ct mo ad eD nd Hopew WH r ell Pl igh lan dA ve Cashmere Ln Ancient Oak Dr g nd B ellamere Ln L ld oa fie Br od f Wing Go dl ea E ed Ave lm Coombs Rd Gallant Fox Dr mo Har ny C Slate Rn ir Highland Woods Blvd Slate Rn Kentshire Cir O Wetlands Dr ld Pe Br Hidd re gr wn en Fa in e Wy ge Ln id Dr ATTACHMENT A Highland Woods Neighborhood G&I ¯ 0 500 1,000 Feet Prepared by City of Elgin 2,000 ITS Department GIS Division, January 2026  ATTACHMENT B PARCEL 76 855 856 854 857 858 CHIC 859 AGO , MIL 860 WAU 326 861 KEE, LEGEND 862 ST. P 853 863 AUL 864 AND PACI 865 FIC R 866 AILR 852 867 OAD 325 868 REDD I NGTO 869 PARCEL 77 N CIRC LE 851 919 920 921 922 923 324 850 924 918 925 926 870 871 872 873 927 874 928 875 849 917 929 876 930 877 878 323 916 879 915 848 914 880 913 IVE 881 912 931 882 DR 883 911 932 907 IEL 884 910 D 933 885 847 909 FAI 934 RF 935 936 886 REDD 937 887 IN GTON 908 938 939 322 CIR CLE 940 888 846 941 889 PARCEL 78 845 942 REDD 844 843 PARCEL 79 53.94 943 INGTO N CIR 842 .00' 8.48' S88° 52' 38"W 944 945 CLE 890 841 6 83 840 ' R= CH=44 S81° 56' 53"W 839 5 6.9 38"W 953 92.00' 4 5 946 320 838 837 L= ° 42' WOODS CB= L= 891 319 836 =S69 N4 78 PARCEL 79 9° 8.2 318 835 834 CB 54 9' 952 954 S05° 59' 27"W 115.00' ) .W. '4 947 955 956 N59° 51' 25"W ' R.O 317 (66. 00 7" R= 892 82.00' 316 (66 .00 'R W 54 .O 951 315 274 .W .) C ' 948 ' .06 275 893 BRADBURY LANE 273 957 314 00 2 8. =72 276 GREE 272 NBRI 313 (60.0 0' R.O .W.) AR D R 277 H 949 894 IVE D 962 961 960 959 S25° 54' 27"E S13° AN 271 958 55.00' HL RICHWOOD AVENUE 5 '5 950 150.0 G 278 (60.00' R.O.W.) 895 N HI 00' 5"W 270 PARCEL 16 OPEN SPACE 279 REDDINGTON CIRCLE 896 280 269 897 906 905 904 903 902 901 900 899 898 281 268 S38° 33' 46"W 80 0 80 160 240 121.79' BOULEVARD SCALE : 1"=80' 337 338 339 340 341 266 PREPARED FOR: PREPARED BY: REVISIONS CROWN COMMUNITY DEVELOPMENT NO. DATE DESCRIPTION NO. DATE DESCRIPTION STORM SEWER OWNERSHIP EXHIBIT ESM CIVIL SOLUTIONS, LLC 1751 A WEST DIEHL ROAD Civil Engineering - Land Entitlement - Project Feasibility HIGHLAND WOODS NEIGHBORHOOD "G & I" 4320 Winfield Drive - Suite 200 Warrenville Illinois 60555 NAPERVILLE, IL 60563 o: 630-300-0933 c: 630-624-0520 FILE NAME: DSGN. BY: JOB NO: FLD. BK: SHEET NO. DISC NUM: DRN BY: DATE: SCALE: EX1 of EX1 AGENDA ITEM: K MEETING DATE: February 25, 2026 ITEM: Hemmens South Temporary Drive Storm Sewer Repair–Job Order Contract Change Order No. 1 ($20,650) OBJECTIVE: To allow for storm sewer repair construction revisions required due to the presence of unknown utility conflicts. RECOMMENDATION: Approve Change Order No. 1 with F.H. Paschen in the amount of $20,650. As part of the recent Hemmens Cultural Center renovations, sections of damaged storm sewer pipe designed to remove stormwater from the Hemmens site were encountered. To eliminate fu- ture flooding concerns, the city issued a contract for sewer repairs as well as additional under- ground utility location and mapping. A review of existing utility mapping was used to determine the project scope, but as construction proceeded several unmapped and conflicting utility lines were discovered. These utility conflicts required project revision including structure adjustments, pipe upsizing, and additional soil excavation. This change order reflects the additional costs of the construction revisions, the completion of which will allow for proper storm sewer drainage, pro- vide accurate utility mapping, and prepare the site for the pending permanent driveway installa- tion. BACKGROUND During the recent Hemmens Cultural Center renovations, a temporary drive apron was installed near the west dock to improve staff and delivery access. During the installation, staff discovered an opportunity to upgrade a previously damaged sewer structure and to locate utilities and up- date mapping records in the area. A construction contract was subsequently issued to provide storm sewer repairs and updated topography and mapping for use in future utility locations. As construction proceeded, field conditions were encountered that differed from the assump- tions and information shown on the original contract drawings and bid documents. The original scope anticipated re-piping from the south structure to a new catch basin location using an ex- isting 15-inch reinforced concrete pipe (RCP) and intercepting at the location of the proposed new structure. As construction progressed, it became evident that existing underground utilities, including gas and electrical lines, conflicted with the planned replacement of the south structure and installation of a new catch basin. Further investigation revealed discrepancies between the utility locations shown on record drawings and actual field conditions, necessitating additional utility locating efforts and revisions to the construction approach. In addition, existing structures required reconstruction and extension to meet final elevations, and pipe sizes required adjust- ment to accommodate site conditions. Soil conditions encountered in the field also differed from those assumed at the time of bid, resulting in changes to disposal methods and backfill materials. These unforeseen conditions required modifications to the original scope of work, including both credits for work no longer required and additional work necessary to safely and properly com- plete the project in accordance with applicable standards. The proposed change order reflects these scope adjustments and addresses the impacts of differing site conditions discovered during construction. OPERATIONAL ANALYSIS Approving this change order is necessary to allow the project to proceed to completion without further delay. The revised scope addresses unforeseen field conditions and utility conflicts that could not be reasonably identified prior to construction and are required to ensure the infra- structure functions as intended and complies with applicable standards. Proceeding with the change order minimizes the risk of additional delays, cost escalation, and potential safety or op- erational impacts associated with leaving the work incomplete. Timely approval will allow con- struction to continue efficiently, maintain project momentum, and support successful comple- tion of the project. INTERESTED PERSONS CONTACTED Amanda Olsen, Engineer II, Public Works FINANCIAL ANALYSIS Staff recommend approving Change Order No. 1 to the Hemmens South Temporary Drive Storm Sewer Repair Job Order Contract with F.H. Paschen in the amount of $20,650. BUDGET IMPACT FUND(S) ACCOUNT(S) PROJECT #(S) AMOUNT AMOUNT BUDGETED AVAILABLE Riverboat 275-0000-791.93-36 M00245 $20,650 $20,650 LEGAL IMPACT None. 2 ALTERNATIVES None. NEXT STEPS 1. Approve Change Order No. 1 2. Direct contractor to continue work Originators: Glen Dettman, Superintendent, Building Maintenance Final Review: Debra Nawrocki, Chief Financial Officer Christopher J. Beck, Corporation Counsel Richard G. Kozal, City Manager ATTACHMENTS A. Change Order No. 1 F.H. Paschen for the Hemmens South Drive Temp Drive Storm Sewer 3 AGENDA ITEM: MEETING DATE: February 25, 2026 Discussion on Adopting an Ordinance to Support and Foster Inclusivity and Diversity in the City of Elgin (Councilmembers Alfaro and Dixon) Councilmember Alfaro (with Councilmember Dixon as her second) is requesting an agenda item to discuss the adoption of an ordinance that codifies existing policies on local cooperation with federal civil immigration enforcement, creates a munici- pal ID program, addresses language access, provides for the development of an in- clusive procurement plan, and establishes an immigrant legal defense fund.  Ordinance No. GXX-26 AN ORDINANCE AMENDING THE ELGIN MUNICIPAL CODE BY ADDING NEW CHAPTERS TO SUPPORT AND FOSTER INCLUSIVITY AND DIVERSITY IN THE CITY OF ELGIN WHEREAS, the City of Elgin welcomes diversity and believes that all individuals living in or visiting the City of Elgin should be treated fairly and with respect and dignity; and WHEREAS, the City of Elgin wishes to further enhance its relationship with immigrant communities and make the City of Elgin an immigrant friendly community; and WHEREAS, the City of Elgin discourages unlawful discrimination and strongly supports the equal treatment of all individuals regardless of national origin, sexual orientation, immigration status, or citizenship status; and WHEREAS, the City of Elgin finds that achieving and maintaining a community that treats documented and undocumented immigrants with respect and dignity serves the public policy of the City and the principles upon which the United States was founded, and promotes the general welfare of City of Elgin residents and visitors alike; and WHEREAS, the vitality of the City of Elgin has been built on the strength of its diversity and its immigrant communities; and WHEREAS, the City finds that the cooperation of all persons, both documented and those without documentation status, is essential to achieve the City’s goals of protecting life and property, preventing crime, and resolving problems; and WHEREAS, the City further finds that assistance from a person, whether documented or not, who is a victim of, or a witness to, a crime is important to promoting safety and security and preventing and solving crimes; and WHEREAS, due to the City's limited resources; the complexity of immigration laws; the clear need to foster the trust of and cooperation from the public, including members of the immigrant communities; and to effectuate the City's goals, the City finds that there is a need to clarify the communications and enforcement relationship between the City and the federal government; and WHEREAS, the City wishes to establish clear procedures concerning immigration status and local enforcement of federal civil immigration laws, and WHEREAS, the Elgin City Council finds that it is in the best interest of the City of Elgin residents to amend the City Code to reflect these changes; and 1  WHEREAS, the City of Elgin is a home rule unit of government, and pursuant to Article VII, Section 6(a) of the Illinois Constitution, may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, the regulations set forth herein pertain to the government and affairs of the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That foregoing recitals are hereby incorporated into this ordinance as though fully set forth herein. Section 2. That Title 2 of the Elgin Municipal Code, entitled “Administration and Personnel,” be and is hereby further amended by adding a new Chapter 2.88 thereto entitled “Inclusivity,” to read as follows: “CHAPTER 2.88 – INCLUSIVITY 2.88.010. – Title. This chapter shall be known and may be cited as the Elgin Inclusivity Ordinance. 2.88.020 – Purpose. The vitality of the City of Elgin (the “City”), as an ethnically, racially and religiously diverse city in the State of Illinois, is built, in part, on the strength of its immigrant communities in the City. The City Council finds that the cooperation of all persons, both documented citizens and those without documentation status, is essential to achieve the City’s goals of protecting life and property, preventing crime and resolving problems. The City Council further finds that assistance from any person, whether documented or not, who is a victim of, or a witness to, a crime is important to promoting the safety of all Elgin residents. The cooperation of the City’s immigrant communities is essential to prevent and solve crimes and maintain public order, safety and security in the City. Furthermore, immigrant community members, whether documented citizens or not, should be treated with respect and dignity by all City employees and should not be subjected to physical abuse, threats, or intimidation. One of the City’s most important goals is to enhance the City’s relationship with its immigrant communities. Due to the City's limited resources; the complexity of immigration laws; the clear need to foster the trust of and cooperation from the public, including members of the immigrant communities; and to effectuate the City's goals, the City Council finds that there is a need to clarify the communications and enforcement relationship between the City and the federal government and to clarify what specific conduct by City employees is prohibited because such conduct significantly harms the City's relationship with immigrant communities. The purpose of this Chapter is to establish the City's procedures concerning immigration status and enforcement of federal civil 2 immigration laws and to identify the conduct that City employees may not engage in when interacting with community members. 2.88.030 – Construction. This chapter shall be construed according to the fair import of its terms and shall be liberally construed to further the purposes and policy stated in this section and the special purpose of the particular provision involved. 2.88.040. – Severability. If any provision of this chapter or the application thereof to any person or circumstances is held invalid, the remainder of this chapter and the application of the provision to other persons not similarly situated or to other circumstances shall not be affected thereby. 2.88.050. – Definitions. The following words, terms, and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Administrative warrant means any immigration warrant of arrest, order to detain or release aliens, notice of custody determination, notice to appear, removal order, warrant of removal, or any other document that can form the basis for an individual's arrest or detention for a civil immigration enforcement purpose, non-limiting examples of which include Form I-200 “Warrant for the Arrest of Alien,” Form I-205 “Warrant of Removal/ Deportation,” any predecessor or successor form, and all wants, hits or requests contained in the “Immigration Violator File” of the Federal Bureau of Investigation’s National Crime Information Center database. This definition does not include a criminal warrant issued upon a judicial determination of probable cause, and in compliance with the requirements of the Fourth Amendment to the U.S. Constitution and Article I, Section 6 of the Illinois Constitution. Agency means every city department, agency, division, commission, council, committee, board, or other body established by authority of an ordinance or city council resolution. Agent means any person employed by or acting on behalf of the City of Elgin. Citizenship or immigration status means all matters regarding citizenship of the United States or any other country, or the authority to reside in or otherwise be present in the United States, including an individual’s nationality and country of citizenship. City-owned property means any land, building, structure, facility, or other real property owned, leased, operated, or controlled by the City of Elgin, including City offices, parks, and other municipal facilities. Civil immigration enforcement means any investigation, arrest, detention, or surveillance conducted for the purpose of enforcing federal civil immigration laws, including but not limited to 3 actions by the United States Immigration and Customs Enforcement (ICE) or United States Customs and Border Protection (CBP) relating to alleged violations of the Immigration and Nationality Act that are civil in nature, and any other activities, whether lawful or unlawful, that are undertaken pursuant to a claim of purported civil immigration enforcement authority. Coercion means the use of improper or unlawful force or threats, express or implied, in order to compel a person to act against his or her will. Coercion also includes compelling a person to make statements. Contact information means any information which assists in contacting an individual, including, but not limited to, telephone numbers, social media identifiers, electronic mail addresses, or home or work addresses. Criminal warrant means a valid, current criminal warrant issued by a state or federal court and signed by a state or federal judge based upon a judicial determination of probable cause, and in compliance with the requirements of the Fourth Amendment to the U.S. Constitution and Article I, Section 6 of the Illinois Constitution. EPD means the Elgin Police Department. Family member means a mother, father, spouse, brother or sister (including blood, step or half), son or daughter (including blood, step or half), father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, grandparent or grandchild, or court-appointed legal guardian, or domestic partner or the domestic partner's mother, father, brother, sister (including blood, step, or half), son or daughter (including blood, step or half). Illinois Accountability Commission means that commission established by Illinois Governor J.B. Pritzker through Executive Order 2025-06, dated October 23, 2025, which commission’s stated purpose is in part to create a public record of the conduct of federal agents through the gathering of information and documentation of the actions of federal law enforcement and the impact of those actions. Immigration agent means an agent of the Federal Immigration and Customs Enforcement Agency, federal Customs and Border Protection, or any similar or successor agency, or any other individual with the power to arrest or detain individuals or manage custody of detained individuals for purposes of civil immigration enforcement. Immigration detainer means a request by an immigration agent to a federal, state or local law enforcement agency to provide notice of release or maintain custody of an individual based on an alleged violation of a civil immigration law, non-limiting examples of which include detainers issued pursuant to Sections 1226 or 1357 of Title 8 of the United States Code or Sections 287.7 or 236.1 of Title 8 of the Code of Federal Regulations, Form I-274A “Immigration Detainer - Notice of Action” and any predecessor or successor form. 4  Judicial warrant means a warrant based on probable cause and supported by oath or affirmation, and signed by a federal or state judge or magistrate authorizing law enforcement to take a specific action, such as entry, search, or arrest. Personal demographic information means information concerning a person’s race, color, gender identity, age, religion, disability, national origin, ancestry, sexual orientation, marital status, parental status, military status, source of income, credit history, or criminal history that can be used to contact, track, locate, identify, or reasonably infer the identity of, a specific individual. Registry program means a public, private, or joint public-private initiative intended to create a compilation of Personal Demographic Information stored in any form. Registry program does not include the decennial census mandated by Article I, Section 2 of the United States Constitution. Staging area means an area that is used to assemble, mobilize, and deploy personnel, vehicles, equipment, or materials, for any purpose arising out of or related to civil immigration enforcement operations. Verbal abuse means the use of oral or written remarks that are overtly insulting, mocking, or belittling, directed at a person based upon the actual or perceived race, immigration status, color, ancestry, or national origin. 2.88.060. – Collection and sharing of citizenship or immigration status information prohibited. Unless required to do so by statute, federal regulation, court order, or a lawfully issued judicial warrant: A. No Agent or Agency shall request, investigate, maintain, or disclose information concerning the citizenship or immigration status of any person unless such disclosure has been authorized in writing by the individual to whom such information pertains, or if such individual is a minor or is otherwise not legally competent, by the individual’s parent or guardian. Notwithstanding this provision, the corporation counsel may investigate and inquire about immigration status when relevant to potential or actual litigation or an administrative proceeding in which the city is or may be a party. B. No applications, questionnaires, or interview forms used in relation to City of Elgin benefits, opportunities, or services shall contain questions regarding citizenship or immigration status. Any city form requesting information on citizenship or immigration status shall be removed unless such information is required by statute, federal regulation, or order of a court of competent jurisdiction. Agencies shall annually audit such materials and amend them to conform with the requirements of this subsection. 5  C. No Agent or Agency shall enter into or renew any agreement providing direct access to any electronic database or other data-sharing platform maintained by any agency, or otherwise provide direct access to such database to: 1. Any immigration agent or agency, or any other federal agency if the agency or agent determines that the purpose of such access is for the enforcement of civil immigration law; or 2. Any third party or parties, unless all such parties certify that the information in such databases or other data-sharing platforms will not be used for civil immigration purposes or knowingly disseminated to any other party for any purpose related to civil immigration enforcement. 2.88.070. – Prohibition on participation in a registry program. A. No Agent or Agency, elected or appointed officials, or any other party acting on behalf of the city shall in any way assist, enable or participate in the creation or maintenance of any program to register individuals in the United States based on their ancestry, national origin, sexual orientation or religion. In addition, no Agent or Agency, elected or appointed officials, or any other party acting on behalf of the city shall use City monies, facilities, property, equipment, or personnel to participate in or provide support in any manner for the creation, publication, or maintenance of a Registry Program. B. Notwithstanding any other law, no Agent or Agency shall provide or disclose to any government authority Personal Demographic Information regarding any individual that is requested for the purpose of (1) creating a Registry Program; or (2) requiring registration of persons in a Registry Program. This includes a prohibition on making available Personal Demographic Information from any Agency database for such purposes, and includes any City database maintained by a private vendor under contract with the City. C. Nothing in this chapter prohibits an Agent or Agency from sending to, or receiving from, any local, state, or federal agency, aggregate information concerning Personal Demographic Information where such information cannot be used to identify individual persons. D. Nothing in this chapter prohibits an Agent or Agency from sending to, or receiving from, a federal agency charged with enforcement of federal immigration law information regarding an individual's citizenship or immigration status, lawful or unlawful. "Information regarding an individual's citizenship or immigration status, lawful or unlawful" for purposes of this chapter, shall be interpreted consistently with Section 1373 of Title 8 of the United States Code. E. Nothing in this chapter prohibits an Agent or Agency from creating or maintaining a database that contains Personal Demographic Information where such 6  information is collected for purposes of complying with anti-discrimination laws or laws regarding the administration of public benefits, or for purposes of ensuring City programs adequately serve the City's communities, or where the City collects this information to administer or ensure equal access to City services, benefits, contracts, and programs. For purposes of this subsection, “programs” includes permits, licenses, and other regulatory programs. 2.88.080. – Threats based on citizenship or immigration statues prohibited. No agent or agency shall coerce, including through the use of improper or unlawful threats of deportation, or engage in verbal abuse of any person based upon the person's or the person’s family members’ actual or perceived citizenship or immigration status. 2.88.090. – Conditioning benefits, services, or opportunities on immigration status prohibited. A. No agent or agency shall condition the provision or receipt of City of Elgin benefits, opportunities, services, or any other advantage, on matters related to citizenship or immigration status unless required to do so by statute, federal regulation, or order of a court of competent jurisdiction. B. Where presentation of an Illinois driver’s license or identification card is accepted as adequate evidence of identity, presentation of a photo identity document issued by the person’s nation of origin, such as a driver’s license, passport, or consulate- issued document, shall be accepted and shall not subject the person to a higher level of scrutiny or different treatment than if the person had provided an Illinois driver’s license or identification card except that this subsection 2.88.090.B shall not apply to the completion of the federally mandated I-9 forms. 2.88.100. – Immigration enforcement prohibited. A. No agency or agent shall participate in civil immigration enforcement operations or assist the civil enforcement of federal immigration law, unless required to disclose information as addressed in section 2.88.060. Specifically, no agency or agent shall: 1. Stop, arrest, search, detain or continue to detain a person: a. Solely on the belief that the person is not present legally in the United States, or that the person has committed a civil immigration violation, unless pursuant to an outstanding criminal warrant; b. Based on an administrative warrant, including but not limited to those entered into the Federal Bureau of Investigation's National Crime Information Center database, or successor or similar database maintained by the United States; or 7  c. Based upon an immigration detainer. 2. Permit immigration agents: a. Access to a person being detained by, or in custody of, the agency or agent, including by telephone or other communication medium; or b. Use of agency facilities, including any electronic databases not available to the public. 3. Expend their time responding to inquiries from immigration agents or communicating with immigration agents regarding a person’s custody status, release date, contact information, or other information on persons that may be the subject of immigration enforcement operations. The foregoing notwithstanding, an agency or agent is authorized to communicate with immigration agents in order to determine whether any matter involves enforcement based solely on a violation of a civil immigration law; 4. Enter into an agreement under Section 1357(g) of Title 8 of the United States Code or any other provision of federal law that permits state or local governmental entities to enforce federal civil immigration law; 5. Transfer any person into the custody of an immigration agent for the sole purpose of civil immigration enforcement; or 6. Set up a traffic perimeter, provide on-site support, or to otherwise be present to assist or support a civil immigration enforcement operation. B. If EPD receives a request from an immigration agent, an EPD supervising officer shall determine whether such request is to assist in the enforcement of civil immigration law. If the supervisor determines that the request is to assist in the enforcement of civil immigration law, the supervisor shall decline the request. The supervisor shall also notify the city manager or designee that the request relates to assistance with civil immigration enforcement. C. The city manager or the city manager’s designee shall develop model policies for public facilities administered or operated by the city to ensure that all such facilities remain safe and accessible to all Elgin residents, regardless of immigration status. All such facilities shall establish public policies that limit immigration enforcement operations on their premises to the fullest extent possible consistent with federal and state law. The city manager or designee shall review such policies when immigration law changes such that the policies may need to be changed. D. In addition to and consistent with the provisions of this chapter and the city’s established policies and practices, the city shall continue to comply with the applicable requirements of the Illinois Trust Act (5 ILCS 805/1 et seq.) and the 8  Trust Act’s limitations on local law enforcement cooperation with federal immigration enforcement agencies. E. The city shall continue to train appropriate agents of the city with respect to the requirements of the Trust Act, the Illinois Voices of Immigrant Communities Empowering Survivors (“VOICES”) Act (5 ILCS 825/1 et seq.) and the requirements of this chapter. F. This section shall not apply when an investigation conducted by the agency or agent indicates that the subject of the investigation has a valid, enforceable, criminal warrant signed by a judge. G. Other prohibitions. In addition to the foregoing, no agent of the city shall: 1. Grant access to any City-owned property or facility to any federal agency or officer for the purpose of conducting civil immigration enforcement activities, unless such access is required by federal or state law, or pursuant to a valid judicial warrant. 2. Permit the use of City resources, including personnel, equipment, databases, communications systems, or vehicles, to support or assist or facilitate civil immigration enforcement activities, except as required by federal or state law or court order. 3. Expend or authorize the expenditure of City funds or other resources to support or assist in or cooperate with federal civil immigration enforcement activities except where such cooperation is required by federal or state law or court order. 4. Enter into any agreement or memorandum of understanding with any federal agency regarding the enforcement of federal civil immigration law, unless specifically authorized by the City Council. H. EPD will conduct annual reviews of its policies and procedures to ensure they reflect best practices and serve the entire community, regardless of immigration status. 2.88.110. – Prohibition on use of city-owned property. A. No City-owned and controlled building, parking lot, vacant lot, garage, buildings, including interior and exterior areas of any parcel upon which a building is located, or other City-owned property shall be used as a staging or debriefing area, processing location, operations base, or other support for civil immigration enforcement. Prohibited uses include but are not limited to assembling, mobilizing, or deploying vehicles, equipment, materials, or personnel for the purpose of carrying out civil immigration enforcement operations. 9 B. Implementation and enforcement. 1. City departments and agencies shall collaborate to identify City-owned and controlled parking lots, vacant lots, garages, buildings, and other City-owned property that could be used as a staging area, processing location, operations base, or other support for civil immigration enforcement. 2. City departments and agencies shall ensure that all such properties have clear signage in English and Spanish stating substantially as follows: “This property is owned and controlled by the City of Elgin. It may not be used for civil immigration enforcement, including use as a staging area, processing location, or operations base.” Such signage shall also incorporate a QR code that will translate the sign into other languages. 3. Where available and appropriate, City departments and agencies may utilize physical barriers such as locked gates to limit access to City-owned and controlled parking lots, vacant lots, garages, buildings, or other property consistent with this section and in conjunction with proper signage. 4. Any City employee or agent who becomes aware of the attempted or actual use of a City-owned and controlled parking lot, vacant lot, garage, buildings, or other property as a staging area, processing location, operations base, or other support for civil immigration enforcement shall immediately report the same to their supervisor, who shall immediately report to the City Manager or designee. 5. The City will respond to reports of incidents involving individuals claiming to be federal agents just as it would respond to any other incident report. An Elgin Police Department supervisor will respond to any reported incidents involving federal agents. Upon arrival, the supervisor will conduct an initial assessment and determine whether there is a basis to find that City-owned property is being used in violation of this section. The responding supervisor will document the investigation in a report. 6. The City Manager or his designee will review any incidents and reports and take appropriate action, which may include reporting to and coordinating with the Illinois Accountability Commission. If it is determined that federal agents have used or are using City property in violation of this section, the City will investigate the violation(s) and, if necessary, seek a court order requiring the federal agents to vacate the property and/or to prohibit further entry onto the property. The City will partner with state and local agencies, including the Illinois Secretary of State, the Illinois Accountability Commission, and the Cook County and/or Kane County State’s Attorney’s Offices, to report and record violations of state and local laws. 7. The City Manager or his designee will report to the City Council every two months regarding any incidents and reports that were received by the City under 10  this section, and any actions that were taken by the City with respect to such incidents and reports including, but not limited to, any reports made by the City to the Illinois Accountability Commission. C. Other units of government property. In the event that another unit of local government within the corporate limits of the City of Elgin has adopted an ordinance or resolution substantially in the form of the provisions of this section establishing restrictions on such unit of local government’s property and has posted signage at those properties, the City shall respond to and investigate reports of incidents at such properties consistent with the provisions of this section with respect to city-owned properties. In the event that it is determined that such properties of local governments have been used in violation of a unit of local government’s ordinance or resolution, the City will cooperate with such unit of local government in seeking a court order or pursuing other actions to enforce the same. D. Private property signage. The City shall design and print standardized signage that private landowners and leaseholders may display to delineate the non-public areas of the property in which the landowner or leaseholder wishes to restrict activities related to civil immigration enforcement. The City will make this signage available free of charge to private landowners and leaseholders, including but not limited to businesses, medical providers, nonprofit organizations, and faith institutions, who voluntarily decide to so designate their property consistent with their authority over the property and who voluntarily request such signage from the City. The City shall also make this signage available on the City website so that landowners and leaseholders may download and print signs. Landowners and leaseholders who post this signage do so at their own discretion and assume any legal risk associated therewith. E. The provisions of this section do not apply to property that is subject to an existing lease or concession agreement to which the City is a party. This section is not intended to, and shall not be interpreted to, interfere with any such lease or agreement. F. The provisions of this section do not prohibit the lawful use of City-owned and controlled property for purposes other than a staging area, processing location, operations base, or other support for civil immigration enforcement, nor does it restrict any person or entity from carrying out functions unrelated to those purposes on such property. 2.88.120. – Legal defense fund for immigrants. In support of the purposes of this chapter, there is hereby established a legal defense fund for residents of the City of Elgin that are in need of legal defense or other assistance relating to detentions arising from immigration enforcement activities. The city manager or the city manager’s designee shall develop a process to identify a qualified not-for-profit service provider 11 to identify recipients and administer the fund. The city council shall determine its annual level of funding of the legal defense fund. Nothing contained herein shall authorize the city to provide funds to any person, organization, or agency, without prior approval by the city council in accordance with Title 5 of this code. 2.88.130. – Civic engagement The city shall develop a civic engagement plan within one hundred eighty days of the effective date of this chapter. In developing and implementing a civic engagement plan, the city shall consider the following: A. Provide educational information to the community regarding how to get involved with the city, how to voice their concerns, how to reach city council, understanding initiatives the city passes regarding immigration enforcement, etc. B. Work alongside community organizations to increase civic engagement. C. Ensure the plan always for language access. 2.88.140. – Calls related to immigration enforcement operations. The city shall take reasonable steps to provide a service through 311 that provides callers with information on immigration resources, which may include directing calls to an organization that can provide assistance. If such a system is established, the city shall ensure that residents who have limited proficiency in the English language have meaningful access to such service. 2.88.150. – Cooperation with individuals reporting crime. EPD shall cooperate with those who report crimes, regardless of whether such report is made by a witness or a victim, and regardless of the citizenship or nation of origin of the reporter. Upon receiving a request for completion of a law enforcement certification form or statement required by federal immigration law certifying that a person is a victim of qualifying, criminal activity, a certifying official shall complete the certification form for any victim of qualifying criminal activity in accordance with 5 ILCS 825/10 of the Voices of Immigrant Communities Empowering Survivors (VOICES) Act. Such certifying official may be a member of a collective bargaining unit represented by a labor organization. 2.88.160. – No private right of action. This chapter does not create or form a basis for liability on the part of the city, its agents, or agencies. The exclusive remedy for violation of this chapter shall be through the city’s disciplinary procedures for officers and employees under regulations including but not limited to the city’s personnel rules, Ethics Act, union contracts, or any other city rules and/or regulations. If a complaint is received for a possible violation of this chapter by an agent of the city the city manager shall transmit it to the EPD or other appropriate city agency for processing and review. 12 2.88.170. – File information. All applications, questionnaires, and interview forms used in relation to City of Elgin benefits, opportunities, or services shall be promptly reviewed by the pertinent agencies and any questions regarding citizenship or immigration status, other than those required by statute, ordinance, federal regulation or court decision, shall be deleted within ninety (90) days of the passage of the ordinance from which this chapter derives. 2.88.180. – Agreements with other governmental bodies. The city manager shall pursue available opportunities to enter into intergovernmental agreements with the State of Illinois or other governmental bodies in furtherance of the purposes of this chapter. Nothing contained herein shall authorize the city to provide funds to any person, organization, or agency, without prior approval by the city council in accordance with Title 5 of this code. 2.88.190. – Limitations. Nothing in this chapter shall be construed to: A. Restrict or interfere with the execution of lawful judicial warrants or the enforcement of criminal law, nor limit the rights of any person or entity under state or federal law; B. Prohibit the City or its personnel from complying with a lawful court order, judicial warrant, or other requirement expressly imposed by federal or state law, regulation, or court order; C. Restrict City employees from cooperation with federal law enforcement or participation in criminal investigations or public safety activities unrelated to civil immigration enforcement; or D. Prevent voluntary information sharing where such sharing is required to comply with state or federal law. E. Prohibit actions necessary to ensure the safety and security of City facilities or personnel. 2.88.200 – Reporting requirements. In order to ensure compliance with this chapter, EPD shall submit an annual report to the City Manager or designee with deidentified data relevant to compliance with this Chapter in the preceding year, which shall include: 13  A. A numeric list of the notifications made by EPD to the City Manager or designee with events describing a request for assistance with the enforcement of federal civil immigration law. B. With regard to immigration detainers or administrative warrants received by EPD that are related to enforcement of civil immigration law: 1. The date that EPD received the immigration detainer or administrative warrant; and 2. Whether EPD transferred the individual subject to the immigration detainer or administrative warrant to a federal agency’s custody and, if so, which agency. C. The city manager or designee shall make such reports publicly available, including through the internet. Section 3. That Title 2 of the Elgin Municipal Code, entitled “Administration and Personnel,” be and is hereby further amended by adding a new Chapter 2.90 thereto entitled “Municipal Identification Card,” to read as follows: “CHAPTER 2.90 – MUNICIPAL IDENTIFICATION CARD 2.90.010. – Definitions. The following words, terms, and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Applicant means a person who applies for a City of Elgin ID. City of Elgin ID means an identification card issued by the City of Elgin that displays information that includes, but is not limited to, the Applicant's name, photograph, date of birth, an expiration date, and, at the Applicant’s option, display the cardholder’s self- designated gender. The City of Elgin ID shall be designed in a manner to deter fraud. Program means the program to administer and issue the City of Elgin ID. Platform means the online system to issue City of Elgin IDs. 2.90.020. – Administration. A. The city manager or his designee shall implement and administer the Program, and is authorized to adopt rules consistent with this chapter. B. The city manager is authorized to enter into agreements necessary to effectuate the Program, and, in connection with agreements entered into under this section, to enter into and execute all such other instruments and to perform any and all acts, 14  including the allocation and expenditure of duly-appropriated funds, as shall be necessary or advisable in connection with the implementation of such agreements and any renewals thereto. Nothing contained herein shall authorize the city to provide funds to any person, organization, or agency, without prior approval by the city council in accordance with Title 5 of this code. 2.90.030. – Agreements with other governmental bodies. The city manager is authorized to enter into intergovernmental agreements with other governmental bodies to increase access for holders of a City of Elgin ID to services and privileges managed by those governmental bodies. Nothing contained herein shall authorize the city to provide funds to any person, organization, or agency, without prior approval by the city council in accordance with Title 5 of this code. 2.90.040. – Application. The City of Elgin ID shall be available to any Applicant regardless of race, color, sex, gender identity, age, religion, disability, national origin, ancestry, sexual orientation, marital status, partnership status, parental status, military status, source of income, credit history, or criminal history, housing status, or status as a victim of domestic violence, provided that the Applicant completes an application on a form provided by the city clerk, and fulfills the requirements for proving identity and residency in the City of Elgin as set forth in rules promulgated by the city clerk. The city clerk shall provide an option for victims of domestic violence to designate an alternative address, and alternative methods by which individuals who are homeless can establish residency notwithstanding the lack of fixed address. 2.90.050. – Confidentiality. The city clerk shall keep all information submitted by an Applicant for a City of Elgin ID confidential to the maximum extent permitted by law. The city clerk shall review, but not collect, documents provided by an Applicant as proof of identity and residence at in-person events. In relation to an application for a City of Elgin ID at an in-person event, the city clerk shall not maintain a record of an Applicant’s home address or telephone number. Information provided by Applicants utilizing the online platform to obtain a City of Elgin ID will be stored and maintained in accordance with the City of Elgin’s retention schedule. The online platform will provide alerts informing Applicants that use of the platform will require that their information be stored and maintained, and an Applicant will have to read through these alerts and agree before they can move forward with obtaining a City of Elgin ID. 2.90.060. – Fees. The city manager is authorized to establish a reasonable fee for applications for a City of Elgin ID sufficient to cover the cost of administering the Program, subject to the approval of the city council, and if such a fee is established, shall adopt rules permitting an Applicant who cannot afford to pay such fee to receive a full or partial waiver.” 15  Section 4. That Title 2 of the Elgin Municipal Code, entitled “Administration and Personnel,” be and is hereby further amended by adding a new Chapter 2.92 thereto entitled “Economic Development Initiatives,” to read as follows: “CHAPTER 2.92 – ECONOMIC DEVELOPMENT INITIATIVES 2.92.010. – Definitions. The following words, terms, and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Socially and Economically Disadvantaged Individuals (SEDI) -owned businesses, as defined by the U.S. Department of Treasury, means business enterprises that certify that they are owned and controlled (51% or more) by individuals who have had their access to credit on reasonable terms diminished as compared to others in comparable economic circumstances, based upon the following factors or circumstances: A. Business enterprises that certify that they are owned and controlled by individuals who have had their access to credit on reasonable terms diminished as compared to others in comparable economic circumstances, due to their: • membership of a group that has been subjected to racial or ethnic prejudice or cultural bias within American society; • gender; • veteran status; • limited English proficiency; • disability; • long-term residence in an environment isolated from the mainstream of American society; • membership of a federally or state-recognized Indian Tribe; • long-term residence in a rural community; • residence in a U.S. territory; • residence in a community undergoing economic transitions (including communities impacted by the shift towards a net-zero economy or deindustrialization); or • membership of an underserved community (see Executive Order 13985, under which “underserved communities” are populations sharing a particular characteristic, as well as geographic communities, that have been systematically denied a full opportunity to participate in aspects of economic, social, and civic life, as exemplified by the list in the definition of “equity,” and “equity” is consistent and systematic fair, just, and impartial treatment of all individuals, including individuals who belong to underserved communities that have been denied such treatment, such as Black, Latino, and Indigenous and Native American persons, Asian Americans and Pacific Islanders and other persons of color; members of religious minorities; lesbian, gay, bisexual, 16  transgender, and queer (LGBTQ+) persons; persons with disabilities; persons who live in rural areas; and persons otherwise adversely affected by persistent poverty or inequality); B. Business enterprises that certify that they are owned and controlled by individuals whose residences are in Community Development Financial Institution (CDFI) Investment Areas, as defined in 12 C.F.R. § 1805.201(b)(3)(ii); C. Business enterprises that certify that they will operate a location in a CDFI Investment Area, as defined in 12 C.F.R. § 1805.201(b)(3)(ii); or D. Business enterprises that are located in CDFI Investment Areas, as defined in 12 C.F.R. § 1805.201(b)(3)(ii). Very Small Business (VSB), as defined by the U.S. Department of Treasury, means a business with fewer than ten (10) employees. 2.92.020. – Access to Economic Development Initiatives A. All city initiatives that involve economic development such as contracts with community entities to increase economic support for businesses, agreements that are within the oversight or responsibilities of the city of community development department, and similar initiatives, will ensure that such services and initiatives include immigrant-owned businesses regardless of their citizenship status unless otherwise prohibited by statute, federal regulation, or order of a court of competent jurisdiction. B. The city shall develop an inclusive procurement and implementation plan within one hundred eighty (180) days of the effective date of this chapter. In developing and implementing a program of inclusive procurement, the city shall consider the following: 1. Such plan shall be developed by including intentional outreach and services to SEDI and VSB. 2. Such plan shall provide assistance to SEDI and VSB businesses in understanding how to bid on contracts and how to obtain information when bids are available.” Section 5. That Title 2 of the Elgin Municipal Code, entitled “Administration and Personnel,” be and is hereby further amended by adding a new Chapter 2.94 thereto entitled “Language Access” to read as follows: 17  “CHAPTER 2.94 – LANGUAGE ACCESS 2.94.010. – Definitions. The following words, terms, and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Direct public services means services administered by a city department directly to program beneficiaries and/or participants. Essential public documents means those documents most commonly distributed to the public that contain or elicit important and necessary information regarding the provision of basic city services. LEP means limited-English proficiency. 2.94.020. – Language access plans. A. All City departments that provide direct public services shall ensure meaningful access to such services by taking reasonable steps to develop and implement department-specific language access plans regarding LEP persons. Those departments that provide services to the public that are not programmatic in nature, such as emergency services, shall implement this Chapter to the degree practicable. B. The city shall develop a language access policy and implementation plan within one hundred eighty days of the effective date of this chapter. In developing and implementing a program of language assistance, the city shall consider the following: 1. Develop such language access policy and implementation plan within 180 days of the effective date of this Chapter. Such plan shall be developed by undertaking the four-factor analysis outlined below, which is based on guidance issued by the U.S. Department of Justice effective June 12, 2002 (67 FR 41455). The four factors are: a. The number or proportion of LEP persons served or encountered in the eligible service population; b. The frequency with which LEP persons come into contact with the department; c. The nature and importance of the program, activity or service to the LEP person (including consequences of lack of language services or inadequate interpretation/translation); and d. The resources available to the department and the costs of providing various types of language services; 18  2. Provide services in any non-English language spoken by a limited or non- English proficient population that constitutes 5% or 10,000 individuals, whichever is less, in Elgin, as those languages are determined based on a variety of relevant sources, including, but not limited to, United States Census data, intake data collected by City departments, data on telephonic language translation service requests or usage, research provided by the Language Access Advisory Committee, and community feedback; 3. Ensure that the language access policy and implementation plan includes the following elements for LEP individuals: a. Language access at city council meetings; b. Identification and translation of essential public documents provided to or completed by program beneficiaries and/or participants; c. Interpretation services, including the use of telephonic interpretation services; d. Training of frontline workers and managers on language access policies and procedure; e. Posting of signage in conspicuous locations about the availability of free interpretation services; f. Establishment of an appropriate monitoring and measurement system regarding the provision of department language services; g. Creation of appropriate public awareness strategies for the department's service populations. C. The language access plans developed under this section shall also include provisions for addressing the needs of emerging populations with high rates of LEP persons not covered in subsection 2.94.020.B.2. 2.94.030. – Use of plain language. Department language access policies shall reflect principles of plain language communication, preferably below a sixth-grade reading level. For example, signs and flyers shall be easy to understand, and not include arcane or technical language, unnecessary polysyllabic words, legal jargon, or other text requiring an advanced reading level. 2.94.040. – Community comment. In furtherance of the city’s commitment to providing effective language assistance and incorporating comments from individuals in the community to ensure such assistance, departments covered under this chapter shall create procedures for individuals to provide comment on the language assistance offered or provided to them by the department, such as comments on the type, effectiveness, or quality of language assistance made available. The comments may be collected through a variety of methods, such as, in-person interaction, telephone, a hotline developed for this purpose, or a form, made available in hard copy and online via the internet. 19 2.94.050. – No private right of action. Nothing in this chapter shall be construed to create a private right of action.” Section 6. That all ordinances or parts of ordinance in conflict with the provisions of this ordinance be and are hereby repealed to the extent of any such conflict. Section 7. That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. David J. Kaptain, Mayor Presented: Passed: Vote: Yeas Nays: Recorded: Published: Attest: Kimberly A. Dewis, City Clerk 20