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HomeMy WebLinkAboutJune 24, 1985 CC v VOLUME L June 24 , 1985 347 COUNCIL OF THE CITY OF ELGIN, ILLINOIS COUNCIL-MANGER FORM OF GOVERNMENT REGULAR MEETING A regular meeting of the Council of the City of Elgin, Illinois was held on June 24 , 1985 at 8:23 p.m. , in the Council Chambers of City Hall. The meeting was called to order by Mayor Verbic. The Invocation was given by Reverend Schiffmayer, and the Pledge of Allegiance was led by Councilman Gilliam. ROLL CALL Roll call was answered by Councilmen Andersen, Gilliam, Moylan, Shales, Van De Voorde , Waters and Mayor Verbic. Absent : None. MINUTES OF THE MAY 13 , 1985 COUNCIL MEETING APPROVED AS PUBLISHED Councilwoman Moylan made a motion, seconded by Councilwoman Shales to approve the May 13 , 1985 Council Minutes as published: Yeas: Councilmen Andersen, Gilliam, Moylan, Shales, Van De Voorde, Waters and Mayor Verbic. Nays: None. MINUTES OF THE MAY 28, 1985 COUNCIL MEETING APPROVED AS PUBLISHED Councilwoman Shales made a motion, seconded by Councilman Andersen to approve the May 28, 1985 Council Minutes as published. Yeas: Councilmen Andersen, Gilliam, Moylan, Shales , Van De Voorde, Waters and Mayor Verbic. Nays: None. MINUTES OF THE JUNE 3, 1985 COUNCIL MEETING APPROVED AS PUBLISHED Councilman Andersen made a motion, seconded by Councilwoman Shales to approve the June 3 , 1985 Council Minutes as published. Yeas: Councilmen Andersen, Gilliam, Moylan, Shales , Van De Voorde, WAters and Mayor Verbic. Nays: None . BID AWARDED FOR ADVANCE LIFE SUPPORT EQUIPMENT FOR RESERVE AMBULANCE Councilman Van De Voorde made a motion, seconed by Councilman Waters to award this bid to the low bidder, Armstrong Industries for a total package price of $4 , 188. 90 . Yeas : Councilmen Andersen, Gilliam, Moylan, Shales, Van De Voorde, Waters and Mayor Verbic. Nays: None. 348 VOLUME L PETITION 28-85 REQUESTING AN R-2 SINGLE FAMILY RESIDENCE DISTRICT SPECIAL USE FOR OFF-STREET PARKING, PROPERTY LOCATED AT 615 SLADE AVENUE APPROVED Roger Dahlstrom: The ultimate purpose of this petition is to establish a carry-out restaurant at the southeast corner of Slade Avenue and North Liberty Street . It is necessary in order to provide the required number of off-street parking spaces for the restaurant use. The subject property is approximately 6, 402 square feet and is presently undeveloped. At its regular meeting of June 3 , 1985 the Land Use Committee recommended approval of the special use, subject to three additional conditions by a vote of 6 yes and 0 no. Councilwoman Shales: I know we are really just talking about one lot that is going to be used as a parking lot , the other two lots aleady are zoned correctly for the use. I did have a question, there are some buildings on the lots that are going to be left there. Roger Dahlstrom: Any structures or improvements not in conformance with the attached site plan is the ultimate user' s intention to remove. Councilwoman Shales: There will be a building in the corner of the lot that is left that will be used for some other use. Roger Dahlstrom: Yes. Councilwoman Shales: This parking then will be adequate for all the uses. Roger Dahlstrom: That is correct . Councilwoman Moylan: Roger, we have in our packet a letter from Mr. and Mrs. Dennis Neff, requesting that a solid barrier be put between their house and this lot . Does Mr. Yaney have any plans to do that . Roger Dahlstrom: This letter was received after the hearing. It is our understanding in talking with the petitioner that they indicated they would meet those kinds of demands if necessary. The Committee was unable to consider it because of the timing. You could attach an additional condition that it be required screening per special use. The only reason it would not be required right now is that if this were zoned business then the full screening would be required, because it is adjacent to a resident district , but because this is technically still a residential zoned property you VOLUME L 349 would have to add that as an additional condition, if you saw fit to do so. You could specify fence or solid screening of some other sort . Councilwoman Shales: I understand what he is saying, that is, your backyard is nolonger a private place if people are parking right next to it and able to look right into your backyard, and I think that most of us like to have our backyard rather private. Mrs . Lemen, 606 Chester: Our backyard borders where the parking lot would be. I am very upset about our privacy and I have two young children and I am very concerned about their safety because of the parking people coming and going. I think a 6 foot privacy fence should be installed. Councilman Van De Voorde: I think it is mandatory too that you be protected because the cars will be pulling in there and there will be times when there are headlights on and other times they would be sitting there and I think you have to be protected. Councilman Waters: If there are no ther questions, I would move that the petition be approved subject to the recommendations of the Planning Department and subject to the ordinances applicable to a B-3 district . Councilwoman Shales: I will second that , but I have a question. Would that include a fence or do we still have to specify a fence that would screen those backyards . Roger Dahlstrom: Screening could be either one. If you want a fence I would suggest you state fence. Councilwoman Shales: I would second this motion on the condition that we stated fence. Councilman Waters: That is not my motion. Mayor Verbic: You could second it and have an amendment to the motion. Councilman Waters: My Motion died for lack of a second. Mayor Verbic: The motion dies for lack of a second and I will entertain a new motion. Councilwoman Shales: I would move that we approve this petition with the recommendations of the Land Use Commission, with the additional recommendation that they install a 6 foot privacy fence. Councilmen Van De Voorde: I second that . 350 VOLUME L Councilman Andersen: Can we impose some B-3 requirements on an R-2 lot . Roger Dahlstrom: This is a special use you could require that if you wish. Mr. Yaney175 North Edison: I am very desirous of having an attractive place and I call stockade fences board fences, I find that rather difficult . Slade Avenue has eight houses east of my property, with nice lawns. I think if you got down to the restaurant and had a wooden fence it would not be in keeping with the blending of the neighborhood. The building on this property has been there since 1938 and for all practical purposes all three of these lots have been commercial. It is sort of an oddity that this one is still residential. In order to go ahead with my plans I have to have a parking variation, in order to proceed further I have to submit plans to the Planning Commission for the building so to go ahead with this I intend to do it fully in accordance with whatever a building permit would require. I want it to be very nice, but I think privacy is their business if that is a concern, and security is already covered in some respects by a four feet chain-link fence on the entire length of the east side of the lot and across the one back, which I believe borders your property Mrs. Lemen. Councilman Waters: My point is suggesting the B-3 requisite was that speaks to landscaping and not fencing and I think that is the intent of what is being suggested here that it be landscaped and not a fence, but if the direction of the Council is a fence then that is what it is going to be. Councilwoman Shales: My feeling for the privacy was that these cars are coming in and pulling in heading directly for their lot and that is like having your backyard in a public parking lot . I just feel that someone that puts that kind of use right next to a residence needs to take the initiative to protect that residence as much as possible and the only thing I can think of that would do this would be a board fence that you cannot see through, so they can use their backyard without people pulling right next to them, heading into them and being able to observe everything they are doing. Mayor Verbic: If there are no other comments I will have the Clerk call the roll. VOLUME L 351 Councilwoman Shales: We are only addressing this one lot . Councilman Andersen: I can't see trying this case before the Land Use Committee up here again. Property owners should been notified of the prior hearing and for us to second guess the Land Use Committee up here now I can't see it . I would go with the recommendation of the Land Use Committee to approve the petition as presented. Yeas : Councilmen Moylan, Shales and Van De Voorde. Nays: Councilmen Andersen, Gilliam, Waters and Mayor Verbic. Councilman Gilliam: Is it possible to do the same thing that the lady is asking for and do it with screening without the fence, because I agree it should be done, but I am not crazy about the fence. Councilman Waters: That is what I was suggesting with my motion and there was no second. Landscaping is required under B-3 , if a business went into that lot landscaping would be required. Councilman Gilliam: Can it be done so that it prevents lights in the neighbor ' s yards. Councilman Waters: I can 't guarantee lights , but the purpose of that ordinance was in fact to create a barrier between a business property and a residential property. Roger Dahlstrom: Within office-business-manufacturing districts a parking facility shall be subject to perimeter landscaping requirements along 1000 of each side adjoining a residence district . I would remid you that you are only talking about a portion of the site, there is only a portion of the site that is adjacent to residential classification. So even if this were zoned business it would only effect the 100% perimeter landscaping portion, but it does not specify a particular kind of landscaping. It would have to be at least a two foot hedge no more than a three foot , unless you specified specifically that you want a particular kind of hedge. That can be done in a special use. Councilwoman Moylan: I will make a motion that we accept the recommendations of the Land Use Committee for Petition 28-85 with the three special conditions that they put on it , and the condition that at lease a four foot vegatation be put on the perimeter that adjoins the residential neighborhood. Councilman Waters: I will second that . Yeas: Councilmen Andersen, Gilliam, Moylan, Shales, Waters and Mayor Verbic. Nays: Councilman Van De Voorde. 352 VOLUME L ORDINANCE AUTHORIZING AND DIRECTING THAT CERTAIN REAL PROPERTY BE ACQUIRED FOR PUBLIC PURPOSES - TABLED Councilman Waters made a motion, seconded by Councilwoman Moylan to table the aforementioned ordinance until the July 22 , 1985 Council Meeting. Yeas: Councilmen Andersen, Gilliam, Moylan, Shales, Van De Voorde, Waters and Mayor Verbic. Nays: None. RESOLUTION AUTHORIZING EXECUTION OF AN ANNEXATION AGREEMENT (APOSTOLIC CHRISTIAN CHURCH ) TABLED Councilman Van De Voorde made a motion, seconded by Councilman Waters to adopt the aforementioned resolution. Roger Dahlstrom: Just a comment from the staff. There were some items included in the Land Use review that you received when this was considered initially. Those items had to do with some minor modifications to the annexation agreement and those have not been completed as yet . We have talked with the petitioner, they do not have any difficulty with those requirements, we just thought we would advise you of that so that if you did wish to table it until those items could be incorporated into a final draft you might want to consider that as a possibility. Counsel Jentsch: When will they have the revised agreement . Roger Dahlstrom: They have advised they will have it to us within time to have it for the next Council Meeting. Councilman Van De Voorde withdrew his motion and Councilman Waters withdrew his second to the motion. Councilman Van De Voorde made a motion, seconded by Councilman Waters to table this resolution until the next Council Meeting. Yeas: Councilmen Andersen, Gilliam, Moylan, Shales , Van De Voorde, Waters and Mayor Verbic. Nays: None. ORDINANCE PASSED AUTHORIZING AND PROVIDING FOR THE ISSUANCE BY THE CITY OF ELGIN, ILLINOIS OF ITS ECONOMIC DEVELOPMENT REVENUE BONDS (QUANTUM DATA, INC. PROJECT) & RELATED MATTERS Councilman Gilliam made a motion, seconded by Councilman Andersen to pass the aforementioned ordinance. Yeas: Councilmen Andersen, Gilliam, Moylan, Shales, Van De Voorde, Waters and Mayor Verbic. Nays: None. VOLUME L 353 ORDINANCE NO. S2-85 AN ORDINANCE PROVIDING FOR THE FINANCING BY THE CITY OF ELGIN, ILLINOIS, OF A PROJECT CONSISTING OF ACQUISITION OF CERTAIN REAL PROPERTY AND THE CONSTRUCTION AND EQUIPPING OF AN OFFICE AND MANUFACTURING FACILITY THEREON IN ORDER THAT QUANTUM DATA INC. , AN ILLINOIS CORPORATION, MAY BE PROVIDED WITH FACILITIES; TO RELIEVE CONDITIONS OF UNEMPLOYMENT AND ENCOURAGE THE INCREASE OF COMMERCE; AUTHORIZING AND PROVIDING FOR THE ISSUANCE BY SAID CITY OF ELGIN, ILLINOIS OF ITS ECONOMIC DEVELOPMENT REVENUE BOND (QUANTUM DATA INC. PROJECT) WHICH WILL BE PAYABLE SOLELY FROM THE RECEIPTS FROM A LOAN AGREEMENT AND THE OTHER SOURCES NAMED THEREIN; AUTHORIZING THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT BETWEEN THE CITY OF ELGIN, ILLINOIS AND ALLEN G. JORGENSEN AND ANN C. JORGENSEN, PROVIDING FOR THE ACQUISITION, CONSTRUCTION AND EQUIPPING AND FINANCING OF SAID PROJECT; AUTHORIZING THE EXECUTION AND DELIVERY OF AN ASSIGNMENT AND AGREEMENT AS SECURITY FOR THE PAYMENT OF SAID BOND; CONFIRMING SALE OF SAID BOND TO THE PURCHASER THEREOF; AND RELATED MATTERS. WHEREAS, the City of Elgin, Illinois (the "Issuer") is a home rule unit of local government and is authorized and empowered by the provisions of Article VII, Section 6 of the 1970 Illinois Constitution and Ordinance S2-80 adopted by the City Council of the Issuer on February 13, 1980, as from time to time supplemented and amended (the "Act") to finance in whole or in part the cost of the acquisition, purchase, construction, reconstruction, improvement, betterment or extension of an economic development project (as defined in the Act) in order to encourage economic development of the Issuer; and WHEREAS, the Issuer is further authorized by the Act to issue economic development revenue bonds payable solely from payments to be derived by the Issuer from the user of such 354 VOLUME L facilities and secured by a pledge of said payments and the Act provides that such bonds shall be entitled to a pledge of such payments; and WHEREAS, as a result of negotiations between the Issuer and Allen G. Jorgensen and Ann C. Jorgensen (collectively, the "Borrower") , contracts have been or will be entered into by the Borrower for the acquisition of land and the construction and equipping of a certain office and manufacturing facility to be located thereon (the "Project") within the boundaries of the Issuer, and which Project will be of the character and will accomplish the purposes provided by the Act and the Issuer is willing to issue its economic development revenue bond to finance the Project upon terms which will be sufficient to pay the cost of construction of the Project as evidenced by such economic development revenue bond, all as set forth in the details and provisions of the Loan Agreement hereinafter identified (the "Agreement") ; and WHEREAS, the Project will be leased to Quantum Data Inc. , an Illinois corporation (the "Company") under the terms of the Lease Agreement dated as of June 1 , 1985 by and between Chicago Title and Trust Company, not personally, but solely as Trustee under a Trust Agreement dated May- 10 , !9F,5 and knCvn as Trust Number 10-87066, an Illinois land trust, the sole beneficiaries of which are the Borrower (the "Land Trust") , as lessor, and the Company, as lessee (the "Lease") and said Lease will be assigned by the Land Trust to Park National Bank of Chicago, Chicago, Illinois (the "Bank") ; and -2- VOLUME L 355 WHEREAS, it is estimated that the costs of the Project, including costs relating to the preparation and issuance of the economic development revenue bond, will be not less than $1 ,500, 000; and WHEREAS, the Project will create employment opportunities and enhance the tax base in the City of Elgin, Illinois; and WHEREAS, the Issuer held a public hearing pursuant to and in conformity with the requirements of Section 103 (k) of the Internal Revenue Code, as amended, on June 10, 1985; and WHEREAS , the Issuer proposes to sell the economic development revenue bond hereinafter authorized and designated "Economic Development Revenue Bond (Quantum Data Inc. Project) " (t`1 "3o-id`) upon a negotiated basis to the Bank; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, KANE COUNTY, ILLINOIS, AS FOLLOWS: -3- 356 VOLUME L DEFINITIONS Section 1. The following words and terms as used in this Resolution shall have the following meanings unless the con- text or use indicates another or different meaning or intent: "Act" means 'Ordinance S2-80 adopted by the City Council of the Issuer on February 13, 1980, as from time to time supplemented and amended. "Additional Payments" means all amounts due to the Issuer from the Borrower pursuant to Sections 6. 4 and 7. 5 of the Agreement. "Agreement" means the Loan Agreement dated as of June 1, 1985 by and between the Issuer and the Borrower, as from time to time amended and supplemented, together with the Note of the Borrower in substantially the form appended thereto. "Assignment" means the Assignment and Agreement dated as of June 1 , 1985 by and between the Issuer and the Bank. "Bank" means Park National Bank of Chicago, Chicago, Illinois, and its successors and assigns. "Bond" means the Bond authorized to be issued hereunder. "Bond Fund" means the City of Elgin, Illinois Bond Fund (Quantum Data Inc. Project) created in Section 7 hereof. "Bond Purchase Agreement" means the Bond Purchase Agreement dated as of June 1 , 1985 between the Issuer and the Bank. "Bond Ordinance" means this Ordinance. "Borrower" means collectively Allen G. Jorgensen and Ann C. Jorgensen and their successors, heirs and assigns. -4- VOLUME L 357 "Code" means the Internal Revenue Code of 1954 , as amended and the regulations promulgated thereunder. "Company" means Quantum Data Inc. , an Illinois corporation and its successors and assigns. The term "Default" means those defaults, exclusive of any period of grace, specified in and defined in Section 11 hereof. The term "Event of Default" means those events specified in and defined in Section 11 hereof. "Equipment" means all equipment, machinery, apparatus, fittings and fixtures of every kind and nature whatsoever owned by , the Land Trust or by the Borrower, and whether now or hereafter acquired and whether or not acquired with Bond proceeds including, but without limiting the generality of the foregoing, all heating, lighting, laundry, incinerating, plumbing, lifting, cleaning, fire-prevention, fire-extinguishing, refrigerating, ventilation, air-cooling and air-conditioning equipment and apparatus , and all elevators, escalators, shades, awnings, screens,storm doors and windows, doors, partitions, built-in furniture, shelving and appliances, carpeting, power equipment, engines, pipes, pumps, tanks, motors, conduits , switchboards, communications equipment and apparatus, ducts and compressors and all accessions and attachments thereto including without limitation the machinery, equipment and furnishings described in Exhibit B to the Agreement. The words "hereof, " "herein, " "hereunder" and other words of similar import refer to this Ordinance as a whole. "Issuer" means the City of Elgin, Illinois and its successors and assigns. -5- 358 VOLUME L "Lease" means the Lease Agreement dated as of June 1 , 1985 between the Land Trust and the Company. "Mortgage" means the Mortgage and Security Agreement dated as of June 1, 1985 from the Borrower to the Bank. "Person" means natural persons, partnerships, associa- tions, corporations and public bodies. "Prime Rate" means the published interest rate per annum announced from time to time by The Northern Trust Company (or its successors) at its principal office in Chicago, Illinois, and identified by it as its prime rate. "Project" means the Project Site, the Equipment and the Building and the acquisition, construction and installation thereof to be financed with the proceeds of the Bond, as each is defined and described in the Agreement. "Security Agreement" means the Security Agreement dated as of June 1, 1985 between the Borrower and the Bank. AUTHORIZATION OF THE PROJECT Section 2. That in order to promote the general welfare of the City of Elgin, Illinois and its inhabitants by relieving conditions of unemployment and encouraging the increase of industry and economic development, the Project shall be and is hereby authorized to be financed as described herein. It is hereby found and declared that the financing of the Project and the use thereof by the Borrower as hereinafter provided is necessary to accomplish the public purposes described in the preamble hereto and in the Act. -6- VOLUME L 359 AUTHORIZATION AND PREPAYMENT OF BOND Section 3. That for the purpose of financing the cost of said Project there shall be and there is hereby authorized to be issued by the Issuer its Economic Development Revenue Bond (Quantum Data Inc. Project) , in the principal sum of $1 , 500, 000 dated the date of issuance thereof and bearing interest (based on a 360-day year and charged for actual days elapsed) from the date thereof until maturity at the rate equal to 75% of the Prime Rate in effect on such date, payable on the first day of each month commencing July 1, 1985. The interest rate on the Bond shall be adjusted with each change in the Prime Rate. The amount of $1,200, 000 of the original principal amount of the Bond shall be payable in consecutive monthly installments of principal of $3, 000 each, plus interest, beginning on October 1, 1986 and continuing on the first day of each month of each year thereafter to and including September 1, 1990, and thereafter shall be payable in consecutive monthly installments of principal of $3,500 each, plus interest, beginning on October 1, 1990 and continuing on the first day of each month thereafter to and including September 1, 1994, and thereafter shall be payable in consecutive monthly installments of principal of $5, 000 each, plus interest, beginning on October 1 , 1994 and continuing on the first day of each month of each year thereafter to and including September 1, 1998 , and thereafter shall be payable in consecutive monthly installments of principal of $6, 500 each, plus interest, beginning on October 1, 1998 and continuing on the first day of each month thereafter to and including September 1, 2002, and thereafter shall be payable -7- 360 VOLUME L in consecutive monthly installments of principal of $7, 000 each, plus interest, beginning on October 1, 2002 and continuing on the first day of each month of each year thereafter to and including August 1, 2006, with a final payment of all unpaid principal and interest on September 1, 2006 . The amount of $300, 000 of the original principal amount of the Bond shall be payable in 60 consecutive monthly installments of principal of $5, 000 each, plus interest, beginning on January 1, 1987 and continuing on the first day of each month of each year to and including December 1, 1991. In the event of a Determination of Taxability, as defined in the Agreement, the interest on the Bond shall be adjusted to the Prime Rate plus one percent (1%) per annum from the Effective Date of Taxability, as defined in the Agreement, retroactive to such Effective Date of Taxability. The Bond shall bear interest on any overdue principal and interest at the rate per annum equal to one percent (1%) in excess of the Prime Rate, as in effect from time to time, until paid, to the maximum extent permitted by law. Any advances made by the Bank to the Borrower pursuant to the Agreement or the Mortgage shall bear interest at a rate equal to one percent (1%) in excess of the Prime Rate as in effect from time to time. The principal installments of the Bond are subject to prepayment on any installment payment date in whole or in part in the inverse order of their maturity upon written notice given by the Borrower on behalf of the Issuer, at least five business days prior to the installment payment date the Borrower shall designate as the prepayment date, at a prepayment price of par plus accrued interest to the prepayment date and a premium (expressed as a -8- VOLUME L 361 percentage of the then outstanding principal amount, or, in the event of partial prepayment, the principal amount to be prepaid) set forth in the table below: Prepayment Date Premium July 1 , 1987 through June 30, 1988 4% July 1, 1988 through June 30, 1989 3% July 1, 1989 through June 30, 1990 2% July 1, 1990 through June 30, 1991 1% July 1 , 1992 and thereafter 0% Installments of prepayments shall be in the amount of $1 , 000 or integral multiples thereof. All principal installments of the Bond or portion thereof designated for prepayment will cease to bear interest on the specified prepayment date, provided funds for their prepayment are on deposit at the place of payment at that time. The principal of and interest on the Bond shall be payable to the order of the Bank or its assigns in lawful money of the United States of America in immediately available funds at the principal office of the Bank in Chicago, Illinois. Upon request of the Borrower or the Issuer, the Bond shall be available for inspection by the Borrower or the Issuer at the offices of the Bank in Chicago, Illinois. The Bond is nontransferable by the Bank, except as a whole and after notice in writing to the Borrower of such transfer, provided however that the Bank without such notice may issue participations in the Bond, including, without limitation, a participation with Bank of Highland Park. No transfer shall be effective until noted on the registration blank appearing on the Bond and each transfer and participation shall be registered upon the books of the Issuer kept for that purpose by the Bank and each such transfer or -9- 362 VOLUME L participation shall be in compliance with all provisions of Section 103 (j) of the Code, and the regulations promulgated thereunder or proposed regulations published in the Federal Register. The Bank is hereby appointed as registrar for purposes of bond registration. The Bond shall be signed by the Mayor and attested by the City Clerk of the Issuer and the corporate seal of the Issuer shall be affixed thereto. The Bond is issued pursuant to the Act and does not constitute a general obligation of the Issuer, but is a limited obligation of the Issuer, payable solely out of the income and revenues of the Issuer to be derived from the Project pursuant to the Agreement. No holder of the Bond shall have the right to compel any exercise of the taxing power of the Issuer, or the State of Illinois or any political subdivision thereof, to pay the Bond or the interest or premium, if any, thereon, and the Bond does not constitute an indebtedness or a loan of credit of the Issuer, the State of Illinois or any political subdivision thereof, or a charge against their general credit or taxing powers, within the meaning of any constitutional or statutory provision. Neither the Issuer nor the State of Illinois or any political subdivision thereof shall in any event be liable for the payment of principal of, premium, if any, or interest on the Bonds , or for the performance of any pledge, mortgage, obligation or agreement of any kind whatsoever of the Issuer. NEITHER THE BOND NOR ANY OF THE ISSUER'S AGREEMENTS OR OBLIGATIONS HEREUNDER CONSTITUTE AN INDEBTEDNESS OR A LOAN OF CREDIT OF THE ISSUER OR OF THE STATE OF ILLINOIS OR ANY POLITICAL -10- VOLUME L 363 SUBDIVISION THEREOF WITHIN THE MEANING OF ANY CONSTITUTIONAL OR STATUTORY PROVISION WHATSOEVER, NOR SHALL THE BOND BE CONSTRUED TO CREATE ANY MORAL OBLIGATION OF THE ISSUER, THE STATE OF ILLINOIS OR ANY POLITICAL SUBDIVISION THEREOF. NEITHER THE FAITH AND CREDIT NOR THE TAXING POWER OF THE ISSUER OR THE STATE OF ILLINOIS OR ANY POLITICAL SUBDIVISION THEREOF IS PLEDGED TO THE PAYMENT OF THE PRINCIPAL OF THE BOND, THE INTEREST OR ANY PREMIUM THEREON, OR OTHER COSTS INCIDENT THERETO. No recourse shall be had for the payment of the principal of, premium, if any, or interest on the Bond or for any claim based thereon or upon any obligation, covenant or agreement in this Ordinance contained, against any past, present or future official, officer, agent or employee of the Issuer, or any successor corporation, as such, either directly or through the i Issuer or any successor corporation, under any rule of law or equity, statute or constitution or by the enforcement of any assessment or penalty or otherwise, and all such liability of any such official, officer, agent or employee as such is hereby expressly waived and released as a condition of and in consideration for the execution of this Ordinance and the issuance of the Bond. BOND FORM Section 4. That the Bond shall be in substantially the following form: -11- 364 VOLUME L THIS BOND MAY BE TRANSFERRED ONLY AS A WHOLE UNITED STATES OF AMERICA STATE OF ILLINOIS COUNTY OF KANE CITY OF ELGIN PAYABLE BY THE ISSUER SOLELY AND ONLY FROM RECEIPTS DERIVED FROM THE LOAN AGREEMENT HEREIN DEFINED Economic Development Revenue Bond (Quantum Data Inc. Project) No. R-1 $1 , 500, 000 The City of Elgin, Illinois, a municipality of the State of Illinois, and a home rule municipality, created and existing under the Constitution and laws of the State of Illinois (the "Issuer") , for value received promises to pay solely and only from the source and as hereinafter provided, to the order of Park National Bank of Chicago, Chicago, Illinois (the "Bank") , or its assigns, the principal sum of: ONE MILLION FIVE HUNDRED THOUSAND DOLLARS ($1 , 500,000) bearing interest (based one a 360-day year and charged for actual days elapsed) from the date hereof until maturity hereof at the rate equal to 75% of the published interest rate announced per annum from time to time by The Northern Trust Company (or its successor) at its principal office in Chicago, Illinois and identified by it as its prime rate (the "Prime Rate") in effect on such date, payable on the first day of each month commencing July 1 , 1985. The interest rate hereon shall be adjusted with each change in the Prime Rate. The amount of $1, 200, 000 of the original principal amount of this Bond shall be payable in -12- VOLUME L 365 consecutive monthly installments of principal of $3, 000 each, plus interest, beginning on October 1, 1986 and continuing on the first day of each month of each year thereafter to and including September 1 , 1990, and thereafter shall be payable in consecutive monthly installments of principal of $3,500 each, plus interest, beginning on October 1, 1990 and continuing on the first day of each month thereafter to and including September 1 , 1994 , and thereafter shall be payable in consecutive monthly installments of principal of $5, 000 each, plus interest, beginning on October 1 , 1994 and continuing on thefirst day of each month of each year thereafter to and including September 1, 1998, and thereafter shall be payable in consecutive monthly installments of principal of $6, 500 each, plus interest, beginning on October 1 , 1998 and continuing on the first day of each month thereafter to and including September 1, 2002, and thereafter shall be payable in consecutive monthly installments of principal of $7,000 each, plus interest, beginning on October 1, 2002 and continuing on the first day of each month of each year thereafter to and including August 1 , 2006, with a final payment of all unpaid principal and interest on September 1, 2006. The amount of $300, 000 of the original principal amount of this Bond shall be payable in 60 consecutive monthly installments of principal of $5,000 each, plus interest, beginning on January 1 , 1987 and continuing on the first day of each month of each year to and including December 1, 1991 . In the event of a Determination of Taxability, as defined in the hereinafter described Loan Agreement, the interest on this Bond shall be adjusted to the Prime Rate plus one percent (1%) per annum from the Effective Date of Taxability, defined y, as n d in the -13- 366 VOLUME L Loan Agreement retroactive to such Effective Date of Taxability. This Bond shall bear interest on any overdue principal and interest at the rate per annum equal to one percent (1%) in excess of the Prime Rate, as in effect from time to time, until paid, to the maximum extent permitted by law. Both principal hereof and interest hereon are payable in immediately available funds at the principal office of the Bank. This Bond is issued in the principal sum of $1, 500, 000 pursuant to the provisions of Article VII, Section 6 of the 1970 Illinois Constitution and Ordinance 52-80 . adopted by the City Council of the Issuer on February 13, 1980, as from time to time supplemented and amended (the "Act") and to an Ordinance (the "Bond Ordinance") adopted by the Mayor and City Council of the Issuer on June 24, 1985 for the purpose of providing funds to finance the cost of acquiring land and constructing and equipping a certain office and manufacturing facility to be located thereon (hereinafter called the "Project") and paying expenses incidental thereto, to the end that the Issuer may be able to relieve conditions of unemployment and encourage the increase of industry and economic development within the City of Elgin, Illinois. The proceeds of this Bond will be used by the Issuer to pay or reimburse Allen G. Jorgensen and Ann C. Jorgensen, individual residents of the State of Illinois (collectively, the "Borrower") for the costs of acquisition, construction and installation of the Project, under the terms of a Loan Agreement dated as of June 1, 1985 (which agreement, as from time to time supplemented and amended, is hereinafter referred to as the "Agreement") and the Project will be leased by Chicago Title and Trust Company, not -14- VOLUME L 367 personally, but solely as Trustee under a Trust Agreement dated May 10, 1985 and known as Trust Number 10-87066, an Illinois land trust (the "Land Trust") to Quantum Data Inc. , an Illinois corporation (the "Company") under the terms of a Lease Agreement dated as of June 1 , 1985 by and between the Land Trust, as lessor, and the Company, as lessee (the "Lease") . This Bond is secured by a pledge and assignment of receipts derived by the Issuer pursuant to the Agreement, pursuant to an assignment and agreement dated as of June 1, 1985 (the "Assignment") from the Issuer to the Bank, as more fully described in the Bond Ordinance. Reference is made to the Bond Ordinance for a description of the provisions, among others, with respect to the nature and extent of the security, the rights, duties and obligations of the Issuer, the rights of the owners of this Bond, and the terms on which this Bond is or may be issued and to all the provisions of which the owner hereof by the acceptance of this Bond assents. Upon five days ' prior written notice given by the Borrower on behalf of the Issuer the principal installments of this Bond are subject to prepayment on any installment payment date in whole or in part in the inverse order of their maturity at a prepayment price of par plus accrued interest to the prepayment date, as provided in the Bond Ordinance, and a premium (expressed as a percentage of the then outstanding principal amount, or, in the event of partial prepayment, the principal amount to be prepaid) set forth in the table below: P ) Prepayment ent Date Premium P July 1 , 1987 through June 30, 1988 4% -15- 368 VOLUME L July 1, 1988 through June 30, 1989 3% July 1 , 1989 through June 30, 1990 2% July 1 , 1990 through June 30, 1991 1% July 1, 1992 and thereafter 0% All principal installments of this Bond or portion thereof designated for prepayment will cease to bear interest on the specified prepayment date, provided funds for their prepayment are on deposit at the place of payment at that time. Installments of principal to be prepaid shall be in the amount of $1 , 000 or integral multiples thereof. This Bond is issued pursuant to and in full compliance with the Constitution and laws of the State of Illinois and the ordinances of the Issuer, particularly the Act. This Bond and the obligation to pay interest hereon are limited obligations of the Issuer, payable solely out of the receipts derived by the Issuer from the Agreement and the Lease and otherwise as provided in the Bond Ordinance and the Agreement. This Bond and the obligation to pay interest hereon shall not be deemed to constitute an indebtedness or a loan of credit of the Issuer, the State of Illinois or any political subdivision thereof, or a charge against their general taxing powers, within the meaning of any constitutional or statutory provision of the State of Illinois, but shall be payable solely from the receipts derived by the Issuer from the Agreement and the Lease. Pursuant to the provi- sions of the Agreement, payments sufficient for the prompt payment when due of the principal of and interest on this Bond are to be paid by the Borrower to the Bank for the account of the Issuer and deposited in a special account created by the Issuer and designated "City of Elgin, Illinois Bond Fund (Quantum Data Inc. -16- VOLUME L 369 Project) , " and all receipts under the Agreement and the Lease have been duly pledged and assigned (other than Additional Payments as defined in the Agreement) to the Bank pursuant to the Assignment for that purpose, under the Bond Ordinance to secure payment of such principal and interest. In certain events, on the conditions, in the manner and with the effect set forth in the Bond Ordinance, the principal installments of this Bond may become or may be declared due and payable before the stated maturity thereof, together with interest accrued thereon. This Bond is issued pursuant to the Act and does not constitute a general obligation of the Issuer, but is a limited obligation of the Issuer, payable solely out of the income and revenues of the Issuer to be derived from the Project pursuant to the Agreement. No holder of this Bond shall have the right to compel any exercise of the taxing power of the Issuer, or the State of Illinois or any political subdivision thereof, to pay this Bond or the interest or premium, if any, hereon, and this Bond does not constitute an indebtedness or a loan of credit of the Issuer, the State of Illinois or any political subdivision thereof, or a charge against their general credit or taxing powers, within the meaning of any constitutional or statutory provision. Neither the Issuer nor the State of Illinois or any political subdivision thereof shall in any event be liable for the payment of principal of, premium, if any, or interest on this Bond, or for the performance of any pledge, mortgage, obligation I or agreement of any kind whatsoever of the Issuer. -17- 370 VOLUME L NEITHER THIS BOND NOR ANY OF THE ISSUER'S AGREEMENTS OR OBLIGATIONS THEREUNDER CONSTITUTE AN INDEBTEDNESS OR A LOAN OF CREDIT OF THE ISSUER OR OF THE STATE OF ILLINOIS OR ANY POLITICAL SUBDIVISION THEREOF WITHIN THE MEANING OF ANY CONSTITUTIONAL OR STATUTORY PROVISION WHATSOEVER, NOR SHALL THE BOND BE CONSTRUED TO CREATE ANY MORAL OBLIGATION OF THE ISSUER, THE STATE OF ILLINOIS OR ANY POLITICAL SUBDIVISION THEREOF. NEITHER THE FAITH AND CREDIT NOR THE TAXING POWER OF THE ISSUER OR THE STATE OF ILLINOIS OR ANY POLITICAL SUBDIVISION THEREOF IS PLEDGED TO THE PAYMENT OF THE PRINCIPAL OF THIS BOND, THE INTEREST OR ANY PREMIUM HEREON, OR OTHER COSTS INCIDENT HERETO. No recourse shall be had for the payment of the principal of, premium, if any, or interest on this Bond or for any claim based thereon or upon any obligation, covenant or agreement in the Bond Ordinance contained, against any past, present or future official, officer, agent or employee of the Issuer, or any successor corporation, as such, either directly or through the Issuer or any successor corporation, under any rule of law or equity, statute or constitution or by the enforcement of any assessment or penalty or otherwise, and all such liability of any such official, officer, agent or employee as such is hereby expressly waived and released as a condition of and in consider- ation for the execution of the Bond Ordinance and the issuance of this Bond. This Bond shall be fully registered as to both principal and interest in the name of the holder in accordance with the Bond Ordinance, after which it shall be transferable only upon presentation to the Bank as Registrar with a written transfer duly -18- VOLUME L 371 acknowledged by the registered holder or his attorney, and such transfer shall not be effective until it is noted upon this Bond and upon the books of the Issuer kept for that purpose by the Bank and is in compliance with all provisions of Section 103 (j) of the Internal Revenue Code of 1954, as amended, and the regulations promulgated thereunder or proposed regulations published in the Federal Register. The Bank has been appointed as Registrar for purposes of bond registration. Modifications, alterations or amendments of the provi- sions of the Bond Ordinance may be made only to the extent and in the circumstances permitted by the Bond Ordinance. IT IS HEREBY CERTIFIED, RECITED AND DECLARED that all acts, conditions and things required by the Constitution and laws of Illinois and the Act to happen, exist and be performed precedent to and in the issuance of this Bond have happened, exist and have been performed in due time, form and manner as required by law. IN WITNESS WHEREOF, the City of Elgin, Illinois, by its governing body, has caused this Bond to be signed on its behalf by its Mayor and attested by its City Clerk and the corporate seal of said Issuer to be affixed hereto, all on June , 1985. CITY OF ELGIN, ILLINOIS By Mayor (SEAL) Attest: City Clerk -19- 372 VOLUME L PROVISIONS FOR REGISTRATION The Bond shall be registered on the books of the City of Elgin kept for that purpose by Park National Bank of Chicago, Chicago, Illinois, as Bond Registrar. The principal and interest on this Bond shall be payable only to or upon the order of the registered holder or his legal representative. REGISTRATION Date of Signature of Registration Name of Registered Owner Registrar Park National Bank of Chicago Chicago, Illinois -20- VOLUME L 373 CUSTODY AND APPLICATION OF PROCEEDS OF BOND: ACQUISITION AND CONSTRUCTION FUND Section 5. There is hereby created and established with the Bank, which is hereby constituted and appointed as depository for the Issuer, a special fund in the name of the Issuer to be designated "City of Elgin, Illinois Acquisition and Construction Fund" and identified with the name of the Borrower. The proceeds received by the Issuer upon the sale of the Bond shall be deposited in the Acquisition and Construction Fund, which shall be held in a separate account by Bank as depository. Moneys in the Acquisition and Construction Fund shall be expended in accordance with the provisions of the Agreement, and particularly Section 3. 6 i thereof. The Bank, as depository, shall keep and maintain or cause Chicago Title Insurance Company or such other title insurance company as shall be acceptable to the Bank to keep and maintain adequate records pertaining to the Acquisition and Construction Fund and all disbursements therefrom, and after the Project has been completed and a certificate of the Authorized Borrower Representative has been filed pursuant to Section 3 . 7 of the Agreement, the Bank shall deliver copies of such records to the Issuer and the Borrower. The completion of the Project and payment of all costs and expenses incident thereto shall be evidenced by filing with the Issuer and the Bank a certificate of the Authorized Borrower Representative required by Section 3.7 of the Agreement. Any moneys thereafter remaining in the Acquisition and Construction -21- 374 VOLUME L Fund shall be applied in accordance with Section 3. 6 of the Agree- ment. PAYMENT OF AMOUNTS UNDER THE AGREEMENT Section 6. It is the declared intention of the Issuer to authorize the disbursement of the proceeds of the Bond in order to finance the acquisition, construction and installation of the Project pursuant to the Agreement in substantially the form which has been presented to and is hereby approved by the governing body of the Issuer and which is now on file in the official records of the Issuer with such changes as they shall approve, such approval to be evidenced by their execution of the Agreement. The Mayor is hereby authorized to execute and acknowledge said Agreement for and on behalf of the Issuer, and the City Clerk is hereby authorized to attest same and to affix thereto the corporate seal of the Issuer. Said Agreement and the receipts thereof, including all moneys received under its terms and conditions, will when paid be sufficient to pay the principal of and interest on the Bond hereby authorized and are hereby pledged and ordered paid into the Bond Fund. The Agreement provides that the Borrower shall remit the required payments thereunder directly to the Bank for the account of the Issuer for deposit in said Bond Fund and such provision is hereby expressly approved. -22- VOLUME L 375 REVENUES: BOND FUND; ESCROW INVESTMENT EARNINGS FUND Section 7 . The Bond and all payments required of the Issuer hereunder are not general obligations of the Issuer but are special and limited obligations payable by the Issuer solely and only out of the receipts derived from the Agreement and the Lease as provided herein. There is hereby created by the Issuer and ordered estab- lished with the Bank, as depository, a special fund to be desig- nated "City of Elgin, Illinois Bond Fund (Quantum Data Inc. Project) " (the "Bond Fund") , which shall be used to pay the principal of and the interest on the Bond. There shall be deposited into the Bond Fund, as and when received, (a) all prepayments specified in Article IV of the Agreement; (b) all payments and other amounts paid by the Borrower pursuant to Section 3. 3 of the Agreement and by the Company pursuant to the Lease; and (c) all other moneys received by the Bank under and pursuant to any of the provisions of the Agreement and the Lease. The Bank is authorized and directed to apply amounts available therefor in the Bond Fund to the payment when due (or the prepayment, if applicable) of the principal of, premium, if any, and interest on the Bond, and no action of the Issuer shall be necessary to effect such payment or prepayment. The Issuer covenants and agrees that should there be an Event of Default or event that with the passing of time or otherwise may become an Event of Default under the Agreement, the Issuer shall fully cooperate with the Bank and with the owners of -23- I 376 VOLUME L the Bond to the end of fully protecting the rights and security of such owners. Nothing herein shall be construed as requiring the Issuer to use any funds or revenues from any source other than funds and revenues derived from the Agreement and the Lease. Any amounts remaining in the Bond Fund, after payment in full of the principal of and interest on the Bond (or provision for payment thereof as provided in this Bond Ordinance) and the reasonable charges and expenses of the Bank and of the Issuer, shall be paid to the Borrower upon the expiration or sooner termi- nation of the term of the Agreement. Notwithstanding anything herein to the contrary, reference to the Bond Fund shall not preclude direct payment of funds to the Bank for direct application for the purposes for which payments are made. There is hereby created by the Issuer and ordered established with the Bank, as depositary, a special fund to be designated "City of Elgin, Illinois Excess Investment Earnings Account (Quantum Data Inc. Project) , which shall be used in accordance with Section 3. 11 of the Agreement. ASSIGNMENT Section 8. As security for the due and punctual payment of the principal of and interest on the Bond hereby authorized, the Issuer hereby and pursuant to the Assignment assigns and pledges to the Bank all receipts derived by the Issuer pursuant to the Agreement (except any payment made pursuant to Sections 6 .4 and 7. 5 of the Agreement relating to indemnification of the Issuer by the Borrower and rights of the Issuer to payment of expenses as -24- VOLUME L 377 provided in the Mortgage) , and the Lease and all rights and remedies, if any, of the Issuer under the Agreement, the Note, the Security Agreement and the Mortgage to enforce payment thereof, including a mortgage of the Project Site and a security interest in the Equipment, and in evidence of such assignment and pledge and in consideration of the agreement of the Bank to accept its responsibilities with respect to the Bond Fund created pursuant to Section 7 hereof, the Mayor is hereby authorized to execute for and on behalf of the Issuer the Assignment and the City Clerk is hereby authorized to attest the same and to affix thereto the corporate seal of the Issuer, and the Mayor and City Clerk are authorized and directed to cause the Assignment to be executed by the Bank with the Assignment to be in substantially the form which has been presented to and is hereby approved by the governing body of the Issuer and which is now on file in the official records of the Issuer with such changes as they shall approve, such approval to be evidenced by their execution of the Assignment. INVESTMENTS; ARBITRAGE Section 9. Any moneys held as part of the Acquisition and Construction Fund created pursuant to Section 5 hereof or as part of Bond Fund created pursuant to Section 7 hereof, may be invested or reinvested on the direction of the Borrower, in accor- dance with the provisions of Section 3. 10 of the Agreement. Any such investment shall be held by or under control of the Bank and shall be deemed at all times a part of the fund from which such investment was made and the interest accruing thereon and any -25- 378 VOLUME L profit realized from such investments shall be credited to such fund, and any loss resulting from such investments shall be charged to such fund, which loss shall not affect the payment or other obligations of the Borrower as provided in the Agreement. As and when any amount invested pursuant to this Section may be needed for disbursement, the Bank may cause a sufficient amount of the investments to be sold and reduced to cash to the credit of such funds regardless of the loss on such liquidation. GENERAL COVENANTS Section 10. The Issuer covenants that it will promptly cause to be paid by directions given in the Agreement solely and only from the source mentioned in the Bond, the principal of and interest on the Bond hereby authorized at the place, on the dates and in the manner provided herein and in the Bond according to the true intent and meaning thereof. The Bond and the obligation to pay interest thereon are limited obligations of the Issuer, secured by a mortgage and by a security agreement and pursuant to the Assignment are payable solely out of the receipts derived by the Issuer from the Agreement and the Lease and otherwise as provided herein and in the Agreement. The Bond and the obligation to pay interest thereon shall not be deemed to constitute an indebtedness or a loan of credit of the Issuer, the State of Illinois or any political subdivision thereof, or a charge against their general taxing powers, within the meaning of any constitutional or statutory provision of the State of Illinois. -26- VOLUME L 379 The Issuer covenants that it will faithfully perform at all times any and all covenants, undertakings , stipulations and provisions contained in this Bond Ordinance, in the Bond and in all proceedings of its governing body pertaining thereto, and will perform such other and further actions as may be necessary or convenient to effectuate the provisions and intent hereof and thereof, provided that the party requesting such action will guaranty in a manner satisfactory to the Issuer all expenses of such action. EVENTS OF DEFAULT AND REMEDIES Section 11. Any Event of Default under Section 7. 1 of the Agreement is hereby defined as and declared to be and to constitute an "Event of Default" . Upon the occurrence of an Event of Default and so long as such Event is continuing, the Bank by notice in writing delivered to the Issuer and the Borrower, may declare the principal installments of the Bond and the interest accrued thereon immediately due and payable, and such principal installments and interest shall thereupon become and be immediately due and payable. Upon any such declaration all payments under the Agreement from the Borrower immediately shall become due and payable as provided in Section 7. 2 of the Agreement. While any principal of or interest on the Bond is unpaid, the Issuer shall not exercise any of the remedies on -27- 380 VOLUME L default specified in Section 7. 3 of the Agreement without prior written consent of the Bank. Upon the occurrence of an Event of Default, the Bank may pursue any available remedy at law or in equity by suit, action, mandamus or other proceeding to enforce the payment of the prin- cipal of and interest -on the Bond and to enforce and compel the performance of the duties and obligations of the Issuer as herein set forth. No remedy by the terms of this Bond Ordinance conferred upon or reserved to the Bank is intended to be exclusive of any other remedy, but each and every such remedy shall be cumulative and shall be in addition to any other remedy given to the Bank or to the owner of the Bond hereunder or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right, power or remedy accruing upon any Event of Default shall impair any such right, power or remedy or shall be construed to be a waiver of any such event of default or acquiescence therein; and every such right, power or remedy may be exercised from time to time as often as may be deemed expedient. All moneys received pursuant to any right given or action taken under the provisions of this Section or under the provisions of Article VII of the Agreement (after payments of the costs and expenses of the proceedings resulting in the collection of such moneys and of the expenses, liabilities and advances incurred or made by the Issuer, the Bank or the owners of the Bond) and all such moneys in the Bond Fund shall be applied to the -28- VOLUME L 381 payment of the principal of and interest on the Bond then due and unpaid to the person entitled thereto. Whenever moneys are to be applied pursuant to the provi- sions of this Section, such moneys shall be applied at such times, and from time to time, as the Bank shall determine, but in any event within fifteen business days after deposit of such moneys in the Bond Fund. The Bank shall give such notice as it may deem appropriate of the deposit with it of any such moneys and of the fixing of any such date, and shall not be required to make payment to the owner of any Bond until such Bond shall be presented to the Bank for appropriate endorsement or for cancellation if fully paid. Whenever all principal of and interest on the Bond have been paid under the provisions of this Section and all reasonable expenses of the Bank and the Issuer have been paid, any balance remaining in the Bond Fund shall be paid to the Borrower. With regard to any Default concerning which notice is given to the Borrower under the provisions of this Bond Ordinance, the Issuer hereby grants the Borrower full authority for account of the Issuer to perform or observe any covenant or obligation alleged in said notice not to have been performed or observed, in the name and stead of the Issuer with full power of substitution to do any and all things and acts to the same extent that the Issuer could do in order to remedy such Default, and the Issuer hereby appoints the Borrower its true and lawful attorney in fact with full power of substitution for such purpose. I i i -29- 382 VOLUME L SALE OF THE BOND; EXECUTION OF DOCUMENTS Section 12. (a) The sale of the Bond hereby authorized to the Bank at a price of $1 , 500,000 and payment pursuant to the Bond Purchase Agreement in substantially the form which has been presented to it is hereby approved by the governing body of the Issuer and which is now on file in the official records of the Issuer, is hereby in all respects authorized, approved and confirmed. The Mayor is hereby authorized and directed to execute said Bond Purchase Agreement for and on behalf of the Issuer, and the City Clerk is hereby authorized to attest the same and to affix thereto the corporate seal of the Issuer, with such changes as they shall approve, such approval to be evidenced by their execution of the Bond Purchase Agreement. (b) The Agreement in substantially the form in which it has been presented to the governing body of the Issuer and which is now on file in the official records of the Issuer is hereby approved by such governing body and is in all respects authorized, approved and confirmed, with such changes as they shall approve, such approval to be evidenced by their execution of the Agreement. The Mayor is hereby authorized and directed to execute the Agreement for and on behalf of the Issuer, and the City Clerk is hereby authorized to attest the same and to affix thereto the corporate seal of the Issuer. -30- VOLUME L 383 PERFORMANCE PROVISIONS Section 13 . The Mayor and City Clerk, for and on behalf of the Issuer be, and each of them hereby is, authorized and directed to do any and all things necessary to effect the performance of all obligations of the Issuer under and pursuant to this Bond Ordinance, the execution and delivery of the Bond and the performance of all other acts of whatever nature necessary to effect and carry out the authority conferred by this Bond Ordinance. The Mayor and City Clerk be, and they are hereby, further authorized and directed for and on behalf of the Issuer, to execute all papers, documents, certificates and other instruments that may be required or convenient for the carrying out of the authority conferred by this Bond Ordinance or to evidence said authority, including without limitation the signing of IRS Form 8038 and the filing thereof as therein required, and to exercise and otherwise take all necessary action to the full realization of the rights, accomplishments and purposes of the Issuer under the Agreement, the Assignment and the Bond Purchase Agreement and to discharge all of the obligations of the Issuer thereunder. NOTICES Section 14 . It shall be sufficient service of any notice or other paper on the Issuer if the same shall be duly mailed to the Issuer by registered or certified mail, postage prepaid, return receipt requested, addressed to the Issuer at City -31- 384 VOLUME L of Elgin, 150 Dexter Court, Elgin, Illinois 60120-5555; or to such other address as the Issuer may from time to time file with the Bank and the Borrower. It shall be sufficient service of any notice or other paper on the Borrower if the same shall be duly mailed to the Borrower by registered or certified mail, postage prepaid, return receipt requested, addressed to Chicago Title and Trust Company at 111 West Washington Street, Chicago, Illinois 60602, Attention: Land Trust Department, with copies to the Beneficiaries at 255 East Kehoe Boulevard, Carol Stream, Illinois 60188, or to such other address as the Borrower may from time to time file with the Issuer and the Bank. It shall be sufficient service of any notice or other paper on the Bank if the same shall be duly mailed to the Bank by registered or certified mail, postage prepaid, return receipt requested, addressed to the Bank at 2958 North Milwaukee Avenue, Chicago, Illinois 60618, Attention: Howard Levy or to such other address as the Bank may from time to time file with the Issuer and the Borrower. BOND ORDINANCE A CONTRACT: PROVISIONS FOR MODIFICATIONS, ALTERATIONS AND AMENDMENTS Section 15. The provisions of this Bond Ordinance shall constitute a contract between the Issuer and the owner or owners of the Bond hereby authorized; and after the issuance of the Bond no modification, alteration, or amendment or supplement to the provisions of this Bond Ordinance shall be made in any manner except with the written consent of the owner or owners of the Bond until such time as all principal of and interest on the Bond shall have been paid in full. -32- VOLUME L 385 SATISFACTION AND DISCHARGE Section 16. All rights and obligations of the Issuer and the Borrower under the Agreement, the Assignment, the Bond, the Note, the Mortgage, the Security Agreement, the Lease, the Bond Purchase Agreement and this Bond Ordinance shall terminate and such instruments shall cease to be of further effect, and the Bank shall cancel the Bond, deliver it to the Issuer, and deliver a copy of the cancelled Bond to the Borrower, and shall assign and deliver to the Borrower any moneys in the Bond Fund required to be paid to the Borrower under Section 7 hereof (except moneys held by the Bank for the payment of principal of or interest on the Bond) when: (a) all expenses of the Issuer and the Bank shall have been paid; (b) the Issuer and the Borrower shall have performed all of their covenants and promises in the Agreement, the Assignment, the Bond, the Note, the Mortgage, the Security Agreement, the Lease, the Bond Purchase Agreement and in this Bond Ordinance; and (c) all principal of and interest on the Bond have been paid, provided however that the obligation of the Borrower under Sections 6.4 and 7.5 of the Agreement shall survive such payment. Notwithstanding any of the foregoing, however, the obligations of the Borrower under Section 6. 4 of the Agreement with respect to indemnification and defense of the Issuer (including its officers, employees and independent contractors) -33- 386 VOLUME L payment of the principal of and interest on the Bond then due and unpaid to the person entitled thereto. Whenever moneys are to be applied pursuant to the provi- sions of this Section, such moneys shall be applied at such times, and from time to time, as the Bank shall determine, but in any event within fifteen business days after deposit of such moneys in the Bond Fund. The Bank shall give such notice as it may deem appropriate of the deposit with it of any such moneys and of the fixing of any such date, and shall not be required to make payment to the owner of any Bond until such Bond shall be presented to the Bank for appropriate endorsement or for cancellation if fully paid. Whenever all principal of and interest on the Bond have been paid under the provisions of this Section and all reasonable expenses of the Bank and the Issuer have been paid, any balance remaining in the Bond Fund shall be paid to the Borrower. With regard to any Default concerning which notice is given to the Borrower under the provisions of this Bond Ordinance, the Issuer hereby grants the Borrower full authority for account of the Issuer to perform or observe any covenant or obligation alleged in said notice not to have been performed or observed, in the name and stead of the Issuer with full power of substitution to do any and all things and acts to the same extent that the Issuer could do in order to remedy such Default, and the Issuer hereby appoints the Borrower its true and lawful attorney in fact with full power of substitution for such purpose. -29- VOLUME L 387 SALE OF THE BOND; EXECUTION OF DOCUMENTS Section 12. (a) The sale of the Bond hereby authorized to the Bank at a price of $1,500,000 and payment pursuant to the Bond Purchase Agreement in substantially the form which has been presented to it is hereby approved by the governing body of the Issuer and which is now on file in the official records of the Issuer, is hereby in all respects authorized, approved and confirmed. The Mayor is hereby authorized and directed to execute said Bond Purchase Agreement for and on behalf of the Issuer, and the City Clerk is hereby authorized to attest the same and to affix thereto the corporate seal of the Issuer, with such changes as they shall approve, such approval to be evidenced by their execution of the Bond Purchase Agreement. (b) The Agreement in substantially the form in which it has been presented to the governing body of the Issuer and which is now on file in the official records of the Issuer is hereby approved by such governing body and is in all respects authorized, approved and confirmed, with such changes as they shall approve, such approval to be evidenced by their execution of the Agreement. The Mayor is hereby authorized and directed to execute the Agreement for and on behalf of the Issuer, and the City Clerk is hereby authorized to attest the same and to affix thereto the corporate seal of the Issuer. -30- 388 VOLUME L and the Bank shall survive the termination of the Agreement and the payment of the Bond. SEVERABILITY Section 17. If any section, paragraph, clause or pro- vision of this Bond Ordinance shall be ruled by any court of competent jurisdiction to be invalid, the invalidity of such section, paragraph, clause or provision shall not affect any of the remaining provisions hereof. APPROVAL Section 18 . The City Council of the Issuer, as the elected legislative body of the Issuer, has held a public hearing following reasonable public notice, and hereby approves the Project, the proposed plan of financing therefor and the issuance of the Bond pursuant to Section 103 (k) of the Code, all as more specifically described in the public notice published May 22, 1985, which is incorporated herein by reference. ALLOCATION Section 19. The Mayor and each member of the City Council of the Issuer hereby certify under penalty of perjury that the allocation for the private activity bond limit was not made in consideration of any bribe, gift, gratuity, or direct or indirect contribution to any political campaign. -34- VOLUME L 389 ELECTION Section 20. The Issuer hereby elects to have the provisions of Section 103 (b) (6) (D) of the Code apply to the hereinabove described bond issue. CAPTIONS Section 21 . The captions or headings of this Bond Ordi- nance are for convenience only and in no way define, limit or describe the scope or intent of any provision of this Bond Ordinance. PROVISIONS IN CONFLICT REPEALED Section 22 . All ordinances, resolutions, and orders , or parts thereof, in conflict with the provisions of this Bond Ordinance, are, to the extent of such conflict, hereby repealed, and this Bond Ordinance shall be in full force and effect upon its approval. Presented at a regular meeting of the governing body of the City of Elgin, Illinois held on the _ day of June, 1985. -35- 390 VOLUME L MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF CITY OF ELGIN, ILLINOIS, HELD ON THE 24th DAY OF JUNE, 1985. The City Council of City of Elgin, Illinois, met in regular session on Monday, the 24th day of June, 1985, at the hour of -8 :00 p.m. at the Elgin Qity Hall , in said City. At the above-named time and place, there were present the following officers and members of the City Council: Richard L. Verbic , Mayor Marie Yearman , City Clerk Edg r--Ar .ex_sAn- , Council Member Robert Gilliam , Council Member Siiaan M Mnylan , Council Member MnrlAndn Council Member C-eorQe Van L1e lloo -d1 , Council Member Donald Waters , Council Member Absent: None A quorum of the members of the City Council being present, the Mayor called the meeting to order and declared the City Council to be in session for the transaction of business. The City Council then took up the matter of the proposed issuance of the One Million Five Hundred Thousand Dollars ($1 , 500, 000) in principal amount of the City's economic development revenue bond. There Council Member Gilliam introduced and moved for the adoption of an ordinance entitled: AN ORDINANCE PROVIDING FOR THE FINANCING BY THE CITY OF ELGIN, ILLINOIS, OF A PROJECT CONSISTING OF ACQUISITION OF CERTAIN REAL PROPERTY AND THE CONSTRUCTION AND EQUIPPING OF AN OFFICE AND MANUFACTURING FACILITY THEREON IN ORDER THAT QUANTUM DATA INC. , AN ILLINOIS CORPORATION, MAY BE PROVIDED WITH FACILITIES; TO RELIEVE CONDITIONS OF UNEMPLOYMENT AND ENCOURAGE THE INCREASE OF COMMERCE; AUTHORIZING AND PROVIDING FOR THE ISSUANCE BY SAID CITY OF ELGIN, ILLINOIS OF ITS ECONOMIC DEVELOPMENT REVENUE BOND (QUANTUM DATA INC. PROJECT) WHICH WILL BE PAYABLE SOLELY FROM THE RECEIPTS FROM A LOAN AGREEMENT AND THE OTHER SOURCES NAMED THEREIN; AUTHORIZING THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT BETWEEN THE CITY OF ELGIN, ILLINOIS AND ALLEN G. JORGENSEN AND ANN C. JORGENSEN, PROVIDING FOR THE ACQUISITION, CONSTRUCTION AND EQUIPPING AND FINANCING OF SAID PROJECT; AUTHORIZING THE EXECUTION AND DELIVERY OF AN ASSIGNMENT AND AGREEMENT AS SECURITY FOR THE PAYMENT OF SAID BOND; CONFIRMING SALE OF SAID BOND TO THE PURCHASE THEREOF; AND RELATED MATTERS. Council Member _��PrsP.R seconded the motion, and the question being put to a roll call vote, the result was as follows: -37- VOLUME L 391 This Ordinance passed and approved on roll call vote this 24th day of June, 1985. q/ Rir.harrl T, \larhir- Mayor ATTEST: (SEAL) Ayes : Councilmen Andersen. Gilliam. Movlan, Shales , Van De Voorde Waters and Mayor Verbic. Nays : NInnm -36- 392 VOLUME L STATE OF ILLINOIS ) SS COUNTY OF KANE ) I, Marie Yearman , City Clerk within and for the City of Elgin, Illinois, do hereby certify that the foregoing pages constitute a full, true and complete copy of the minutes of the meeting of said City Council held on the 24th day of June, 1985, insofar as they relate to the adoption of Ordinance No. S2-85 of said City. I do further certify that, prior to the making of this certificate, the said minutes have been spread at length upon the permanent records of said City Council, where they now appear and remain in Book at page to inclusive, in the office of the City Clerk. IN TESTIMONY WHEREOF, I have hereunder set my hand and affixed the seal of said City, this .2.5h day of June, 1985. _s/ Maria YPa rqn (SEAL) ORDINANCE RECLASSIFYING PROPERTY AT BIG TIMBER ROAD AND NORTH MCLEAN BOULEVARD FROM M-1 LIMITED MANU- FACTURING DISTRICT TO B-4 GENERAL SERVICE DISTRICT Councilwoman Moyland made a motion, seconded by Councilman Andersen to pass the aforementioned ordinance. Yeas: Councilmen Andersen, Gilliam, Moylan, Shales, Van De Voorde, Waters and Mayor Verbic. Nays: None. -39- VOLUME L 393 Ordinance No. G42-85 AN ORDINANCE RECLASSIFYING PROPERTY AT BIG TIMBER ROAD AND NORTH McLEAN BOULEVARD FROM M-1 LIMITED MANUFACTURING DISTRICT TO B-4 GENERAL SERVICE DISTRICT WHEREAS, written application has been made to reclassify certain property located at Big Timber Road and North McLean Boulevard from M-1 Limited Manufactur- ing District to B-4 General Service District; and WHEREAS, the Land Use Committee has conducted a public hearing after due notice and submitted its written findings and recommendations to the City Council; and WHEREAS, the City Council has reviewed the recommendations of the Land Use Committee and concurs in such recommendations. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section I. That Chapter 19.08, Section 1 9.08.020, entitled "Zoning District Map" of the Elgin Municipal Code, 1976, as amended, be and the same is hereby further amended by adding thereto the following paragraph: "The boundaries hereinbefore laid out in the 'Zoning District Map', as amended, be and are hereby altered by excluding from the M-1 Limited Manufacturing District and including in the B-4 General Service District, the following described property: Parcel A: That part of Section 3, 4 and 10, Township 41 North, Range 8, East of the Third Principal Meridian, being part of property described in deed recorded May 13, 1947, as document #580786, described as follows: Commencing at the intersection of the center line of Sleepy Hollow Road, (formerly Crystal Lake Road), and the North line of the right of way of the Chicago, Milwaukee, St. Paul and Pacific Railroad; thence Westerly along said North line, a distance of 941.02 feet for a point of beginning; thence continuing Westerly along said North line, a distance of 101.74 feet; thence Northerly parallel with the center line of said Sleepy Hollow Road, (formerly Crystal Lake Road), a distance of 775.0 feet; thence Easterly, parallel with the North line of said railroad, a distance of 405.10 feet to the intersection of said line with a line drawn 10 feet West of and parallel with the center line of an existing railroad spur track, said parallel line forming an angle of 90 degrees 47 minutes 06 seconds measured from West to South with the last described line; thence Southerly along said parallel line, a distance of 333.18 feet to the point of curve of a curved line, convex to the Southeast, tangent to the last described line, having a radius of 468.34 feet, said curved line being concentric with the center line of said railroad spur track; thence Southwesterly along said curved line, an arc distance of 565.21 feet, the chord of said arc being 531.53 feet long, to the point of beginning, in the City of Elgin, Kane County, Illinois. i 394 VOLUME L Parcel 0: That part of Sections 3, 4 and 10, Township 41 North, Range 8, East of the Third Principal Meridian, being part of property described in deed recorded May 13, 1947, as document #580786, described as follows: Commencing at the intersection of the center line of Sleepy Hollow Road, (formerly Crystal Lake Road), and the North line of the right of way of the Chicago, Milwaukee, St. Paul and Pacific Railroad; thence Westerly along said North line, a distance of 250.0 feet for a point of beginning; thence Northerly parallel with the center line of said Sleepy Hollow Road, a distance of 500.0 feet; thence Easterly parallel with the North line of said railroad, a distance of 250.0 feet to the center line of said Sleepy Hollow Road; thence Northerly along the center line of said road, a distance of 275.0 feet; thence Westerly, parallel with the North line of said railroad, a distance of 637.66 feet to the intersection of the said line with a line drawn 10 feet West of and parallel with the center line of an existing railroad spur track, said parallel line forming an angle of 90 degrees, 47 minutes, 06 seconds measured from West to South with an extension of the last described line; thence Southerly along said parallel line, a distance of 333.18 feet to the point of curve of a curved line, convex to the Southeast, tangent to the last described line, having a radius of 468.34 feet, said curved line being concentric with the center line of said railroad spur track; thence Southwesterly along said curved line an arc distance of 565.21 feet, the chord of said arc being 531.53 feet long, to the North line Of said railroad; thence Easterly along the North line of said railroad, a distance of 691.02 feet to the point of beginning, in the City of Elgin, Kane County, Illinois." Section 2. That this ordinance shall be in full force and effect from and after its passage and approval in the manner provided by law and shall be published in pamphlet form by authority of the City Council. a 7 'Richard erbic' Mayor Presented: June 24, 1985 Passed: June 24 , 1985 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: s/s/ ari�earma Marie Yearman, City Clerk i VOLUME L 395 ORDINANCE AMENDING CHAPER 6 . 06 OF THE ELGIN MUNICIPAL CODE TO EXPRESSLY PROHIBIT OBSCENE PERFORMANCES AND THE SALE OF CLOTHING IN LICENSED PREMISES - TABLED Councilwoman Shales : I would ask for the tabling of this ordinance to allow for time to reword the sale of clothing so that we will not stop legitimate sales of baseball jackets and things like that , but will be able to stop the sale of lingerie in bars . Councilman Andersen: I think we can pass this ordinance with an amendment and just insert the word items of intimate apparel, and let it go at that . Councilman Waters: I would second the motion to table this with the direction given by Councilwoman Shales. Yeas: Councilmen Gilliam, Moylan, Shales, Van De Voorde, Waters and Mayor Verbic. Nays: Councilman Andersen. ORDINANCE PASSED GRANTING A SPECIAL USE FOR A COMMUNITY SERVICE FACILITY Mayor Verbic: I had the opportunity drive out to this site after our last meeting and I really feel that the future of that piece of property would be much better in the hands of the strip commercial for the citizens of Elgin, rather than a community service facility. That is how I look at that particular piece of property so I will vote no on this ordinance. Councilman Andersen: We have one right up the street , Lovelton, just six blocks away and I see no reason to impact that area further with those kinds of facilities so I will vote no. Councilman Van De Voorde made a motion, seconded by Councilman Waters to pass the aforementioned ordinance. Yeas: Councilmen Gilliam, Moylan, Shales, Van De Voorde and Waters. Nays: Councilman Andersen and Mayor Verbic. 396 VOLUME L Ordinance No. G43-85 AN ORDINANCE GRANTING A SPECIAL USE FOR A COMMUNITY SERVICE FACILITY WHEREAS, written application has been made for a special use for the establish- ment, maintenance and operation of community service facility at 944-998 Villa Street; and WHEREAS, the Land Use Committee conducted a public hearing after due notice by publication and has submitted its findings of fact and recommended approval; and WHEREAS, the City Council of the City of Elgin concurs in the findings and recommendation of the Land Use Committee. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the City Council of the City of Elgin hereby adopts the findings of fact made by the Elgin Land Use Committee, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Section 2. That a special use for a community service facility at 944-998 Villa Street, Elgin, Illinois, legally described as follows: Parcel One: That part of Lot 4 in County Clerk's Division of the North East 1/4 of Section 19, Township 41 North, Range 9 East of the Third Principal Meridian, described as follows: Beginning at a point in the Easterly line of said Lot 4, that is 470.6 feet Northerly (measured along the said Easterly line) from the center line of Villa Street (United States Route 20); thence Southerly along the said Easterly line 246 feet; thence Northwesterly parallel with the center line of said Villa Street, 176.5 feet; thence North- easterly parallel with the Westerly line of said lot, 199.7 feet; thence Southeasterly 68.67 feet to the point of beginning. Parcel Two: That part of Lot 4 in the County Clerk's Division of Section 19, Township 41 North, Range 9 East of the Third Principal Meridian, described as follows: Commencing at the South East corner of said Lot 4; thence North 53 degrees 48 minutes 49 seconds West, along the center line of Villa Street, also known as U.S. Route 20, a distance of 497.45 feet to a point that is on the Southerly extension of the Westerly right of way line of a public street recorded in Cook County, on June 3, 1971 as Document Number 21499006 for the place of beginning; thence North 31 degrees 09 minutes 33 seconds East, along said Southerly extension of the Westerly right of way line of the public street, a distance of 33.13 feet to the South West corner of said public street, thence South 53 degrees 48 minutes 49 seconds East, along a Southerly line of said public street, also being the Northerly right of way of Villa Street, a distance of 80.31 feet to a South I VOLUME L 397 East corner of said public street; thence North 31 degrees 09 minutes 33 seconds East, along the Easterly right of way line of said public street, a distance of 502.12 feet to an angle in said public street; thence South 89 degrees 30 minutes 32 seconds East, along a Southerly right of way line of said public street, a distance of 23.45 feet; thence South 31 degrees 57 minutes 05 seconds West, a distance of 88.58 feet; thence South 06 degrees 59 minutes 24 seconds West, a distance of 102.1 feet; thence South 69 degrees 50 minutes 36 seconds East, a distance of 92.35 feet to a point, said point being a line that is perpendicular to the center line of Villa Street, and 299.9 feet Northwesterly, measured along the center line of Villa Street, from the South East corner of Lot 4; thence South 36 degrees I I minutes I I seconds West along aforesaid perpendicular line, a distance of 394.91 feet to the center line of Villa Street; thence North 53 degrees 48 minutes 49 seconds West, along the center line of Villa Street, a distance of 197.55 feet to the place of beginning. Parcel Three: That part of Lot 4 in the County Clerk's Division of Section 19, Township 41 North, Range 9 East of the Third Principal Meridian, described as follows: Commencing at the South East corner of said Lot 4; thence North 09 degrees 25 minutes 24 seconds East, along the Easterly line of said Lot 4, a distance of 470.6 feet for the place of beginning; thence North 69 degrees 50 minutes 36 seconds West a distance of 70.74 feet to a point, said point being on a line that is perpendicular to the center line of Villa Street (U.S. Route 20) and 279.90 feet Northwesterly, as measured along said center line of Villa Street, from the South East corner of said Lot 4; thence South 36 degrees II minutes II seconds West, along the aforesaid perpendicular line, a distance of 400.65 feet to the center line of Villa Street (U.S. Route 20); thence North 53 degrees 48 minutes 49 seconds West, along the center line of Villa Street (U.S. Route 20), a distance of 20.0 feet; thence North 36 degrees I I minutes I I seconds East, a distance of 394.91 feet; thence North 69 degrees 50 minutes 36 seconds West, a distance of 92.35 feet; thence North 06 degrees 59 minutes 24 seconds East, a distance of 102.10 feet; thence North 31 degrees 57 minutes 05 seconds East, a distance of 88.58 feet to the Southerly line of a public street recorded in Cook County on June 3, 1971 as Document Number 21499006; thence South 89 degrees 30 minutes 32 seconds East, along the Southerly line of said public street (Maroon Drive), a distance of 152.94 feet to the Easterly line of aforesaid Lot 4; thence South 09 degrees 25 minutes 24 seconds West, along the Easterly line of said Lot 4, a distance of 241.82 feet to the place of beginning, in the City of Elgin, Cook County, Illinois. be and is hereby granted subject to the following conditions: I. Substantial conformance with the Site Plan prepared by Burnidge, Cassell and Associates, dated May 1, 1985. 2. A thirty-three (33) foot right of way dedication (from the center line of Villa Street) to the State of Illinois. i 398 VOLUME L 3. Conformance with all applicable city codes and ordinances and state statutes. Section 3. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: June 24, 1985 Passed: June 4 , 1985 Vote: Yeas 5 ays 2 Recorded: Published: �AttQest: of M�t-;P Yaar Marie Yearman, City Clerk RESOLUTION ADOPTED EXPRESSING SUPPORT OF THE PIONEER MEMORIAL FOUNDATION INITS EFFORTS TO COMPLETE AND ERECT THE PIONEER MEMORIAL STATUTE Mayor Verbic: I am very happy to have with us tonight Mr. Rovelstad and his daughter Gloria-Ann, and Roger Bear, who is secretary of the Foundation. I also want to thank you on behalf of the City for the presentation of the Pioneer Medal. Gloria Rovelstad: I wish to thank the Mayor and the City Council on behalf of the Pioneer Memorial Foundation for your re-affirmation of the City of Elgin' s support and desire to have this sculptured memorial to our pioneers erected in Davidson Park as an enduring part of Elgin' s artistic heritage. Thank you. Councilwoman Moylan made a motion, seconded by Councilman Andersen to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Gilliam, Moylan, Shales, Van De Voorde, Waters and Mayor Verbic. Nays: None. VOLUME L 399 RESOLUTION EXPRESSING SUPPORT OF THE PIONEER MEMORIAL FOUNDATION IN ITS EFFORTS TO COMPLETE AND ERECT THE PIONEER MEMORIAL STATUE WHEREAS, the Pioneer Memorial Foundation of Illinois has been in existence for 29 years and is dedicated to the completion and erection of the Memorial Statue to the pioneers of Elgin and Illinois; and WHEREAS, the Pioneer Memorial Foundation is currently attempting to raise the funds necessary for the completion and erection of the Pioneer Memorial Statue; and WHEREAS, the Pioneer Memorial Statue will express the courage and perseverance of the men and women who settled and tamed this land. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby expresses its support and commendation for the Pioneer Memorial Foundation in its efforts to complete and erect the Pioneer Memorial Statue. This statue will serve as a lasting tribute to our forebearers. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: June 24, 1985 Adopted: June 24 , 1985 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Year ta n Marie Yearmon, City Clerk RESOLUTION ADOPTED AUTHORIZING SALE OF CERTAIN REAL PROPERTY _ ( FIRE STATION #3 ) Councilman Andersen: I have expressed my sentiments on this proposition before and I will vote against it for the reasons that I have previously stated. Councilman Waters made a motion, seconded by Councilwoman Shales to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Gilliam, Moylan, Shale � Shales, Van De Voorde, tWaters.�_ Nays: �Octa e.Sea � ���vre Voz-btt°--, 400 VOLUME L RESOLUTION AUTHORIZING SALE OF CERTAIN REAL PROPERTY (Fire Station No. 3) WHEREAS, the City of Elgin is the owner of certain real property commonly known as 820 Dundee Avenue, Elgin, Illinois, and legally described as follows: Lot 9 in Block 9 of Grandview Addition to Elgin, in the City of Elgin, Kane County, Illinois. (hereafter property); and WHEREAS, the City Council of the City of Elgin has determined that the property is no longer necessary for public use and has further determined that it is necessary and desirable to sell the property; and WHEREAS, Burnidge, Cassell and Associates, P.C. (hereafter purchaser) has offered to purchase the property for $40,000.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City Manager and City Clerk be and are hereby authorized, empowered and directed to execute all documents necessary to convey and transfer the property to purchaser upon receipt of $40,000.00. V Richard L. Verbic Richard L. Verbic, Mayor Presented: June 24, 1985 Adopted: June 24 , 19 8 5 Vote: Yeas 5 Nays 2 Recorded: Attest: iAck-�-- s/ Marie Yea an Marie Yearman, Acting City Clerk ORDINANCE PASSED AMENDING THE RESIDENTIAL REHABILITATION GRANT ORDINANCE OF THE CITY OF ELGIN Councilman Gilliam made a motion, seconded by Councilwoman Moylan to pass the aforementioned ordinance. Yeas: Councilmen Andersen, Gilliam, Moylan, Shales, Van De Voorde, Waters and Mayor Verbic. Nays: None. i VOLUME L 401 Ordinance No. G45-85 AN ORDINANCE AMENDING THE RESIDENTIAL REHABILITATION GRANT ORDINANCE OF THE CITY OF ELGIN WHEREAS, certain areas of the City are characterized by older housing which is or tends to be in a state of disrepair or deterioration and often may be inhabited by persons of limited incomes who are unable to bear the cost of rehabilitation of such residential structures so as to meet minimum housing code requirements; and WHEREAS, the City of Elgin has received a grant from the Department of Housing and Urban Development to provide funds for a program of grants designed to encourage and assist property owners in such areas in rehabilitating residential structures; and WHEREAS, the geographical area described herein and titled the rehabilitation target area has been determined to be in need of significant residential rehabilitation and inhabited by a significant number of persons with relatively low incomes; and WHEREAS, the City of Elgin is a home rule unit within the meaning of the Con- stitution of the State of Illinois and is authorized to exercise any power and perform any function relating to its government and affairs; and WHEREAS, it is within the government and affairs of the City of Elgin and in the interest of the public health, safety and welfare to promote the rehabilitation of the deteriorated residential buildings in the City of Elgin; and WHEREAS, it is necessary and desirable to amend the provisions of the Residential Rehabilitation Grant Ordinance heretofore passed. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section I. That Chapter 2.30 of the Municipal Code of the City of Elgin, 1976, as amended, is hereby amended to read as follows: "2.30.010 Title. This ordinance shall be entitled the "Residential Rehabilitation Grant Ordinance of the City of Elgin". Any reference to the residential rehabilitation grant ordinance of the City shall be construed to refer to this ordinance and any amend- ments thereto. 2.30.020 Administration. The administration of the provisions of this ordinance are hereby assigned to the Department of Community Development. Applications here- under shall be made to the Department of Community Development which shall have the responsibility to carry out the provisions of this ordinance. 2.30.030 Establishment. There is hereby established a Residential Rehabilita- tion Grant Program for the City of Elgin. Grants shall be made until funds allocated for such use are exhausted. 2.30.040 Applicant Qualifications. The following applicants shall be eligible for grants to rehabilitate qualifying residential structures to meet minimum housing code i 402 VOLUME L requirements in accordance with the terms of the residential rehabilitation grant program: A. Any individual who 1) owns a structure, within the rehabilitation target area, containing no more than four dwelling units; and 2) is at least 18 years of age. B. Any individual who owns residential property outside the rehabilitation target area but within the corporate limits of the City of Elgin who 1) owns and occupies a structure containing no more than four (4) dwelling units; 2) is at least 18 years of age; and 3) meets the current Section 8 low income guidelines as established by the U.S. Department of Housing and Urban Development. 2.30.050 Grants. A. Owner-occupied structures. The amount of any grant shall be determined by the Department of Community Development in accordance with the current grant reimbursement chart as applied to a maximum of $10,000 rehabilitation construction costs. The Department of Community Development shall annually establish a current grant reimbursement chart which establishes the percentage of construction costs to be rebated based upon household size and income. The grant reimbursement chart is based upon the most current Section 8 household income guidelines as established by the U.S. Department of Housing and Urban Development. Households, defined as the applicant and all other persons who will make the applicant's dwelling unit their primary residence for all or part of the next twelve (12) months, may qualify for a 100 percent grant for eligible repairs as follows: 1) Household income at 81 to 100 percent of Section 8 very low income limits equals a maximum $1,000 grant. 2) Household income at 61 to 80 percent of Section 8 very low income limits equals a maximum $2,000 grant. 3) Household income equal to or less than 60 percent of Section 8 very low income limits equals a maximum $3,000 grant. For eligible repairs in excess of the maximum 100 percent grant the owner shall receive a percentage grant in accordance with the grant reimbursement chart. Any owner occupant of a 2, 3 of 4 unit residential structure must provide tenant names, addresses, and household incomes and agree to maintain current rents for one year from the rehabilitation completion date. Partial grants for completed repairs may be granted if the ability to participate in the rehabilitation program is dependent upon the staging of repairs. B. Rental property -- Non-owner occupied - Structures located within the rehabilitation target area. The amount of any grant shall be: 1) fifteen (15) percent to a maximum of $1,500 per structure based upon a maximum of $10,000 in rehabilitation construction costs; or 2) twenty-five (25) percent to a maximum of $2,500 per structure based upon a maximum of $10,000 in rehabilitation construction costs. The twenty-five VOLUME L 403 (25) percent grant is available to any owner of rental property that can document that at least fifty-one (51) percent of the after rehabilitation occupant households meet the current Section 8 low and moderate income guidelines. Non-occupant owners shall be limited to no more than two (2) struc- tures actively participating in the rehabiltation grant program at any one time. Any non-occupant owner of rental property must provide tenant names, addresses, and household incomes and agree to maintain current rents for one (1) year after the rehabilitation completion date. C. Structures located within the Summit Street rehabilitation target area will be granted an additional five (5) percent grant for eligible rehabilitation work. D. Structures located within the designated Enterprise Zone will be granted an additional five (5) percent grant on eligible rehabilitation work upon certification of the designated Enterprise Zone by the Illinois Department of Commerce and Community Affai rs. E. For purposes of determining eligibility, income shall mean the total of the adjusted gross income as defined by the Internal Revenue Code of the United States and, in addition thereto, any interest not included in the adjusted gross income, any capital gain deduction, any dividend exclusion, if not included in adjusted gross income, of all members of the household of the applicant. In the event of a divorce or death the previous year income of a deceased or non-occupant divorced person shall be excluded in determining the household income. The calculation of income shall be based upon the last fully completed tax year. 2.30.060 Grants -- Conditions -- Agreement Required. Any applicant under this ordinance by signing a rehabilitation agreement shall commit to rehabilitate the resi- dential structure which is the subject of the agreement in compliance with the BOCA Property Maintenance Code within a one (1) year time period. Each applicant shall further agree to own such rehabilitated structure for a period not less than one 91) year following the completion of the rehabilitation. Failure by the applicant to perform the obligations of the agreement shall subject the applicant to forfeit the right to enter the program in the future. 2.30.070 Grants -- Eligible Repairs. Grants for the rehabilitation of residential structures shall be limited to actual costs incurred in meeting the requirements of the BOCA Property Maintenance Code. In addition to grants for residential rehabilitation to meet the minimum property maintenance requirements described herein, eligible appli- cants may be entitled to an additional grant incentive of five (5) percent for energy conservation work and five (5) percent for exterior painting. 2.30.080 Grants -- Evaluations Required. The Director of Community Development shall evaluate, or cause to be evaluated, all premises for which grants are sought to eligible repairs, pursuant to the terms of this ordinance. Such evaluation shall be made prior to the signing of any rehabilitation agreement for a grant and following completion of work and prior to the payment of any grant. 2.30.090 Grants -- Applications and Guidelines. The Director of the Depart- ment of Community Development is hereby authorized and directed to prepare and distribute the appropriate forms and administrative policies for the implementation of this ordinance. 404 VOLUME L 2.30.100 Grants -- Limitations. Grants authorized under the City of Elgin Residential Rehabilitation Grant Program shall be limited to the reimbursement of actual expenses incurred for eligible repairs, shall be payable only upon satisfactory proof of payment for rehabilitation work, and shall be limited to the amount approved at the time of the signing of the rehabilitation grant agreement, unless additional work or work orders are verified and approved in writing by the Director of the Department of Community Development or his designee. No grants shall be approved for repairs initiated or completed prior to the signing of the rehabilitation grant agreement. 2.30.110 Rehabilitation Target Area -- Description. Commencing at Jefferson Avenue and North Grove Avenue, east on Jefferson Avenue to Liberty Street, thence south to Franklin Street, thence east to Grand Boulevard, thence northeast to the Kane- Cook county line, thence south to Hammond Avenue, thence west to Grace Street, thence north to Bluff City Boulevard, thence west to Raymond Street,-thence north to by-pass U.S. Route 20, thence west to the Fox River, thence northerly to Lake Street, thence east to Wellington Avenue, thence northerly to Prairie Street, thence east to Villa Street, thence northerly to Geneva Street, thence north to Highland Avenue, thence west to Center Street, thence north to North Street, thence west to Spring Street, thence north to Kimball Street, thence west to Brook Street, thence north to Seneca Street, thence west to North Grove Avenue, thence north to Jefferson Avenue to the point of beginning, otherwise known as U.S. Census tracts 8513, 8514 and that portion of 8515 east of the Fox River. 2.30.120 Summit Street Rehabilitation Target Area -- Description. The north one half of Block 39 of A.J. Waldron's Subdivision O.L. 1, and the north one half of Blocks 20, 21, 22, 23, 24 and 25 of P.J. Kimball Jr.'s 3rd Addition. 2.30.130 Designated Enterprise Zone -- Description. That area in the central portion of the City of Elgin, East of the Fox River; contained within the Southeast quarter of Section 11, the South half of Section 12, all of Section 13, and the East half of Section 14, all in Township 41 North, Range 8 East, all in Kane County, Illinois. This area is described as follows: Commencing at the intersection of the right-of-way center- lines of Grove Avenue and Summit Street; thence Easterly along said Summit Street centerline to the intersection with the right-of-way centerline of North Liberty Street; thence Southerly along said North Liberty Street centerline to the intersection with the right-of-way centerline of Franklin Street; thence Westerly along said Franklin Street centerline to the intersection of the right-of-way centerline of North Porter Street; thence Southerly along said North Porter Street centerline to the intersection with the right-of-way centerline of Park Street; thence Westerly along said Park Street centerline to the intersection of the right-of-way centerline of North Gifford Street; thence South- erly along said North Gifford Street centerline to the intersection with the right-of-way centerline of Division Street; thence Westerly along said Division Street centerline to the intersection with the right-of-way centerline of North Geneva Street; thence Southerly along said North Geneva Street centerline to the intersection with the right-of-way centerline of Fulton Street; thence Westerly along said Fulton Street centerline to the intersection with the right-of-way centerline of Villa Street; thence Southeasterly along said Villa Street centerline to intersection with the right-of-way centerline of Prairie Street; thence Westerly along said Prairie Street centerline to the intersection with the right-of-way centerline of Wellington Avenue; thence Southeasterly along said Wellington Avenue centerline to the intersection with the right-of-way centerline of Bent Street; thence Westerly along said Bent Street centerline extended West to the intersection with VOLUME L 405 the Easterly bank of the Fox River; thence Northerly along said Fox River Bank to the intersection with the right-of-way centerline of East Chicago Street; thence Westerly along said East Chiago Street centerline to the intersection with the right-of-way centerline of South State Street; thence Southerly along said South State Street center- line extended to the intersection with the right-of-way centerline of South Street extended Easterly; thence Westerly along said South Street centerline to the intersection with the right-of-way centerline of South Crystal Avenue; thence Northerly along said South Crystal Avenue centerline to the intersection with the right-of-way centerline of West Highland Avenue; thence Easterly along said West Highland Avenue centerline to the intersection with the Easterly bank of the Fox River; thence Northerly along said Easterly bank of the Fox River to the intersection with the right-of-way centerline of Kimball Street; thence Easterly along said Kimball Street centerline to the intersection with the right-of-way centerline of North Grove Avenue; thence Northerly along said Grove Avenue centerline to the point of beginning. 2.30.140 Penalty for misrepresentation in obtaining grant. Any person who willfully makes any false statement or misrepresentation in obtaining a grant under the provisions of this ordinance shall be subject to a fine of not less than one hundred (100) nor more than five hundred (500) dollars and shall forfeit the right to participate in the rehabiliation grant program in the future." Section 2. That this ordinance shall be in full force and effect ten days after its publication in pamphlet form. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: June 24, 1985 Passed: June 24 , 1985 Vote: Yeas 7 Nays 0 Recorded: Published: Afi est: / a i ee ea-kan Marie Yearman, City Clerk RESOLUTION ADOPTED ESTABLISHING PREVAILING WAGE RATE ON PUBLIC WORKS CONTRACTS Councilman Gilliam made a motion, seconded by Councilwoman Shales to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Gilliam, Moylan, Shales, Van De Voorde, Waters and Mayor Verbic. Nays: None. I i 4Q6 VOLUME L RESOLUTION ESTABLISHING PREVAILING WAGE RATES ON PUBLIC WORKS CONTRACTS WHEREAS, Illinois Revised Statutes, 1983, Chapter 48, s39s-1, et seq. entitled "AN ACT regulating the wages of laborers, mechanics, and other workmen employed in any public works by the State, county, city or any public body or any political subdivision or by any one under contract for public works." requires that any public body awarding any contract for public work, or otherwise undertaking any public works as defined herein, shall ascertain the general prevailing hourly rate of wages for employees engaged in such work; and WHEREAS, said Act further provides that if the public body desires that the Department of Labor ascertain the prevailing rate of wages, it shall notify the Depart- ment of Labor to ascertain the general prevailing wage rate; and WHEREAS, at the request of the City of Elgin the Department of Labor has deter- mined the prevailing rate of wages for construction work in Cook and Kane Counties in the State of Illinois. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the determination of the prevailing wages as made by the Department of Labor, copies of which are attached hereto and rnade a part hereof by reference, are adopted by the City of Elgin. BE IT FURTHER RESOLVED that all contracts for public work of the City of Elgin shall include a stipulation to the effect that not less than the prevailing rate of wages as found by the Department of Labor shall be paid to all laborers, workmen and mechanics performing work under the contract. BE IT FURTHER RESOLVED that all contract bonds for public works shall include a provision to guarantee the faithful performance of the prevailing wage clause as provided by contract. BE IT FURTHER RESOLVED that a copy of the prevailing wage rate as established by the Department of Labor shall be publicly posted and kept available for inspection by any interested party. BE IT FURTHER RESOLVED that nothing herein contained shall be construed to apply to the prevailing hourly rate of wages in the locality for employment other than public works construction as defined in the Act, and that the City Clerk be and is hereby authorized to file a certified copy of this resolution with the Secretary of State. s/ Richard L. Verbic Richard L. Verbic, Mayor i VOLUME L 407 Presented: June 24, 1985 Adopted: June 24 , 1985 Vote: Yeas 7 Nays 0 Recorded: Attest: - Marie Yearman, City Clerk ORDINANCE PASSED AMENDING THE AUTHORIZED STRENGTH OF THE POLICE O ICE DEPARTMENT Councilmen Andersen: In the recent election the concerns of the citizens of Elgin, as expressed during some of the public meetings seemed to center on a condition of inadequate police protection. The Elgin Police Department , as we know, has not increased greatly in manpower in the last few years and there have been large increases in officers assigned to duty in the Central Station. As a matter of fact at todays count there were 19 policemen assigned to the Central Station, although 3 were absent , 2 were out playing golf and 1 was on vacation. Two theories come to mind, either City Hall is a high crime area and needs a lot of policemen around, or modern day police work requires more administrative people than was needed in the past . Therefore, I request that the City Council take steps immediately to hire and train at least six additional policemen. Additionally, the Fire Department has tremendous overtime figures, in many instances where men are working out of rank, the consolidation of stations that was done to relieve this situation has not succeeded and cannot succeed in a community that is growing and therefore I respectfully request that the Council authorize the hiring and training of six additional firefighters . The citizens in the ever growing community of Elgin deserve at least the foregoing recommendations, probably more. Councilman Gilliam: I would like to discuss Councilman Andersen' s statement . First of all, I think there is a need for an increase in fire and police, but I am getting a little tired of us taking an attack on city employees , especially the Police Department . For someone to make innuendoes or half truths and state there is a possibility that we could be overstaffed, I am sure he has not talked to the Police Chief. Two, if the people are out playing golf, were they on vacation, the indication Councilman Andersen gave was they were sneaking away playing golf when they should have been on duty. I think that should be clarified because statements like that can be misleading and give mis- representation of the Police Department . So I wish you would refrain from doing from doing that in the future. 408 VOLUME L Councilman Andersen: There was no explanation given to me. I was told when I tried to contact them that they were out playing golf. Councilman Gilliam: , Well you have Warren Danielson back there, you have Chief Baird, you have Bob Malm, it would take one more phone call to do that , I think you should do your homework before you make accusations. Councilman Andersen: I talked to a Deputy Chief. Councilwoman Shales: I don't know if this appropriate now. We are considering an ordinance now for one specific position and I think the kind of recommendations that have been made is a budget consideration and it should not be brought up at this time. Mayor Verbic: You are absolutely correct . Councilman Gilliam made a motion, seconded by Councilman Waters to pass the aforementioned ordinance. Yeas : Councilmen Andersen, Gilliam, Moylan, Shales , Van De Voorde, Waters and Mayor Verbic. Nays: None. VOLUME L 409 Ordinance No. G46-85 AN ORDINANCE AMENDING THE AUTHORIZED STRENGTH OF THE POLICE DEPARTMENT BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section I. That Section 8-1 of Chapter 8 of the City Code of Elgin, be and is hereby amended to read as follows: The total authorized strength of the Elgin Police Department shall hereafter be ninety-five (95) members, of which one member shall be chief, no more than two (2) members shall hold the rank of deputy chief, no more than six (6) members shall hold the rank of lieutenant, no more than twelve (12) members shall hold the rank of sergeant and the balance of said members shall be of patrolman rank. Section 2. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 3. That this ordinance shall be effective from ro and after June 24 1985. I G/ Richard L. Verbic Richard L. Verbic, Mayor Presented: June 24, 1985 Passed: June 24 , 1985 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: s/ Marie Yearman Marie Yearman, City Clerk RESOLUTION ADOPTED APPOINTING MEBERS TO VARIOUS BOARDS AND COMMISSIONS Councilman Gilliam made a motion, seconded by Councilwoman Moylan to adopt the forementioned resolution. Councilman Waters: I am going to submit an amendment to this motion, I think there is an error, but the term for Councilwoman Marlene Shales is the same as the term for the other officers and I don 't think that was the intent . I think the intent was that , well the others are appointed for 4 years so my motion would be that this be -- I amend this motion by changing that to May 1, 1987 . Councilman Gilliam: Second. Yeas: Councilmen Andersen, Gilliam, Moylan, Shales, Van De Voorde, Waters and Mayor Verbic. Nays : None. 410 VOLUME L RESOLUTION APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Gunnar Anderson be and is hereby reappointed as a member of the Beautification Commission for a term to expire May 1, 1988. BE IT FURTHER RESOLVED that Charles Asp be and is hereby reappointed as a member of the Parks and Recreation Board for a term to expire May 1, 1988. BE IT FURTHER RESOLVED that Robert Edwards be and is hereby reappointed as a member of the Parks and Recreation Board for a term to expire May 1, 1988. BE IT FURTHER RESOLVED that Keith Miller be and is hereby reappointed as a member of the Board of Fire and Police Commissioners for a term to expire May 1, 1988. BE IT FURTHER RESOLVED that Gil Nore be and is hereby reappointed as a member of the Beautification Commission for a term to expire May 1, 1988. BE IT FURTHER RESOLVED that Marlene Shales be and is hereby appointed as a member of the Economic Development Commission for a term to expire May 1, 1987. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: June 24, 1985 Adopted: June 24, 1985 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Yearma Marie Yearman, City Clerk RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH PYRO-MANIA FIREWORKS, INCORPORATED Councilman Gilliam made a motion, seconded by Councilman Waters to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Gilliam, Moylan, Shales, Van De Voorde, Waters and Mayor Verbic. Nays: None. VOLUME L 411 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH PYRO-MANIA FIREWORKS, INCORPORATED BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Robert 0. Malm, Acting City Manager, and Marie Yearman, City Clerk, be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Pyro-Mania Fireworks, Incorporated, for the 1985 fireworks display, a copy of which is attached hereto and made a part hereof by reference. �ichdLa Verbic, Mayor r ar Presented: June 24, 1985 Adopted: June 24 , 1985 Vote: Yeas 7 Nays p Recorded: Attest: 01 ��MArr�is V An Marie Yearman, City Clerk RESOLUTION APPROVING CHANGE ORDER NO. 1 IN THE CONTRACT WITH MOTOROLA COMMUNICATIONS AND ELECTRONICS, INC. , FOR THE COMMUNICATIONS CENTER SYSTEM Councilman Van De Voorde made a motion, seconded by Councilman Gilliam to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Gilliam, Moylan, Shales , Van De Voorde, Waters and Mayor Verbic. Nays: None. 412 VOLUME L RESOLUTION APPROVING CHANGE ORDER NO. I IN THE CONTRACT WITH MOTOROLA COMMUNICATIONS AND ELECTRONICS, INC. FOR THE COMMUNICATIONS CENTER AND SYSTEM WHEREAS, the City of Elgin has heretofore entered into a contract with Motorola Communications and Electronics, Inc. for the communications center and system; and WHEREAS, it is necessary and desirable to modify the terms of the contract as is described in Change Order No. I, attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Robert 0. Maim, Acting City Manager, be and is hereby authorized and directed to execute Change Order No. I, a copy of which is attached hereto and made a part hereof by reference. � i Richard L. Verbic Richard L. Verbic, Mayor Presented: June 24, 1985 Adopted: June 24 , 1985 Vote: Yeas 6 Nays 0 1 Abstained Recorded: Attest: s Yelan Marie Yearman, City Clerk RESOLUTION ADOPTED ACCEPTING THE PROPSAL OF PHYSIO- CONTROL CORP. FOR LIFE PAK 5 SYSTEM Councilwoman Moylan made a motion, seconded by Councilman Waters to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Gilliam, Moylan, Shales , Van De Voorde, Waters and Mayor Verbic. Nays: None. a VOLUME L 413 RESOLUTION ACCEPTING THE PROPOSAL OF PHYSIO-CONTROL CORP. FOR LIFE PAK 5 SYSTEM BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Robert 0. Malm, Acting City Manager, be and is hereby authorized and directed to accept the proposal on behalf of the City of Elgin of Physio-Control Corp. for Life Pak 5 System, a copy of which is attached hereto and made a part hereof by reference. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: June 24, 1985 Adopted: June 24 , 1985 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Yea an Marie Yearman, City Clerk RESOLUTION ADOPTED ACCEPTING THE PROPOSAL OF BARCLAY AND ASSCIATES FOR A LORD' S PARK SWIMMING POOL MASTER PLAN Councilman Gilliam made a motion, seconded by Councilman Waters to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Gilliam, Moylan, Shales, Van De Voorde, Waters and Mayor Verbic. Nays: None. i 414 VOLUME L RESOLUTION ACCEPTING THE PROPOSAL OF BARCLAY & ASSOCIATES FOR A LORD'S PARK SWIMMING POOL MASTER PLAN BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Robert 0. Malm, Acting City Manager, be and is hereby authorized and directed to accept the proposal on behalf of the City of Elgin of Barclay & Associates for a Lord's Park Swimming Pool Master Plan, a copy of which is attached hereto and made a part hereof by reference. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: June 24, 1985 Adopted: June 24 , 1985 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Year an Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING CONTRIBUTION TO ELGIN SOFTBALL ASSOCIATION FOR IMPROVEMENT OF ELGIN SOFTBALL COMPLEX Councilman Waters made a motion, seconded by Councilman Gilliam to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Gilliam, Moylan, Shales, Van De Voorde, Waters and Mayor Verbic. Nays: None. VOLUME L 415 RESOLUTION AUTHORIZING CONTRIBUTION TO ELGIN SOFTBALL ASSOCIATION FOR IMPROVEMENT OF ELGIN SOFTBALL COMPLEX BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the Finance Director is hereby authorized to make payments of the sum of $36,550 to the Softball Association for improvements to the Elgin Softball Complex. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: June 24, 1985 Adopted: June 24 , 1985 Vote: Yeas 7 Nays 0 Recorded: Attest: -�l'z�tfYl.641--. s/ Marie Year an Marie Yearman, City Clerk RESOLUTION ADOPTED ACCEPTING THE PROPOSAL OF PAUL BUCKLEY, INC. FOR PEDESTRIAN BRIDGES AT SPARTAN MEADOWS GOLF COURSE Councilwoman Moylan made a motion, seconded by Councilwoman Shales to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Gilliam, Moylan, Shales , Van De Voorde, Waters and Mayor Verbic. Nays: None. 416 VOLUME L RESOLUTION ACCEPTING THE PROPOSAL OF PAUL BUCKLEY, INC. FOR PEDESTRIAN BRIDGES AT SPARTAN MEADOWS GOLF COURSE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Robert 0. Maim, Acting City Manager, be and is hereby authorized and directed to accept the proposal on behalf of the City of Elgin of Paul Buckley, Inc. for pedestrian bridges at Spartan Meadows Golf Course, a copy of which is attached hereto and made a part hereof by reference. s( Richard L . Verbic Richard L. Verbic, Mayor Presented: June 24, 1985 Adopted: June 24 , 1985 Vote: Yeas 7 Nays 0 Recorded: Attest: �tvu.k.J� �tfYt,l�K-� s/ Marie Year an Marie Yearman, City Clerk RESOLUTION ADOPTED APPROVING CHANGE ORDER NO. 1 IN THE CONTRACT WITH PIPE-LINERS, LTD. FOR THE CHICAGO STREET COMBINATION SEWER REHABILITATION Councilman Waters made a motion, seconed by Councilman Van De Voorde to adopt the aforementioned resolution. Yeas : Councilmen Andersen, Gilliam, Moylan, Van De Voorde, Shales, Waters and Mayor Verbic. Nays: None. VOLUME L 417 RESOLUTION APPROVING CHANGE ORDER NO. I IN THE CONTRACT WITH PIPE-LINERS, LTD. FOR THE CHICAGO STREET COMBINATION SEWER REHABILITATION WHEREAS, the City of Elgin has heretofore entered into a contract with Pipe-Liners, Ltd. for the Chicago Street combination sewer rehabilitation; and WHEREAS, it is necessary and desirable to modify the terms of the contract as is described in Change Order No. I, attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGINI ILLINOIS, that Robert 0. Malm, Acting City Manager, be and is hereby authorized and directed to execute Change Order No. I, a copy of which is attached hereto and made a part hereof by reference. s,% Richard L. Verbic Richard L. Verbic, Mayor Presented: June 24, 1985 Adopted: June 24 , 1985 Vote: Yeas 7 Nays p Recorded: Attest: Mares VPay mATL arie Yearman, City Clerk RESOLUTION ADOPTED MUNICIPAL AGENDA FOR BUILD ILLINOIS Councilman Gilliam made a motion, seconded by Councilwoman Moylan to adopt the aforementioned resolution. Yeas: Councilmen Andersen, Gilliam, Moylan, Shales, Van De Voorde, Waters and Mayor Verbic. Nays: None. 418 VOLUME L RESOLUTION MUNICIPAL AGENDA FOR BUILD ILLINOIS WHEREAS, we endorse the concept of Governor Thompson's Build Illinois program; WHEREAS, this State needs a broad economic development program to build Illinois, to retain and increase permanent employment, and to increase infrastructure investment; WHEREAS, we further believe that Build Illinois needs to be modified to include a substantial municipal set-aside which is consistent with the Governor's goals and embodies the following principles: -- Adoption of the principle of local decision-making and local initiatives under state guidelines; -- Target public investment to areas of critical need, and maintain our current infrastructure system and housing stock; and -- Leverage public investment to attract private investment; create public- private partnerships to aggregate more resources and to multiply impact. NOW, THEREFORE, the types of municipal initiatives that would meet these principles include, but are not limited to, such programs as Illinois UDAG, Business Development Loans, a Housing Partnership, funding the Illinois Mortgage Insurance Program, library development, and an industrial areas block grant program. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: June 24, 1985 Adopted: June 24, 1985 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Yearm Marie Yearman, City Clerk VOLUME L 419 AUTHORIZATION OF PAYMENT TO VARIOUS VENDORS Woodland Landfill $23 , 669 . 50 May 1985 refuse charges. Seyfarth Shaw Fairweather & Geraldson. $6 , 667 . 01 Legal services during April, 198` Corporate Policyholders Development of underwriting datE Counsel $4 , 725 .00 and selection of brokers. Elgin Jaycees $2 , 000. 00 Donation to Ethnic Fest B & D Office Machines $5 , 568. 56 2 Word Processing Systems ( 1) City Manager' s Office; ( 2 ) Police Department . Thompson Elevator $2 , 475 . 00 Semi-annual inspections Dundee Auto Body $1, 980 . 58 Repairs to Police Vehicle #54 . Layne-Western Co. $24 , 522 . 00 Repairs to Deep Well #2 Elgin Classic Little League. $2 , 500. 00 Fencing improvements Edward Moeller 380 Lovell Street $1, 525. 32 Residential Rebate Program I Councilman Gilliam made a motion, seconded by Councilwoman Moylan to approve the aforementioned payments. Yeas: Councilmen Andersen, Gilliam, Moylan, Shales, Van De Voorde, Waters and Mayor Verbic. Nays: None. RESOLUTION DECLARING BLIGHTED AREA AND INTENT TO CREATE TAX INCREMENTAL FINANCING DISTRICT - TABLED Councilwoman Moylan made a motion, seconded by Councilman Gilliam to table the aforementioned ordinance indefinitely. Yeas: Councilmen Andersen, Gilliam, Moylan, Van De Voorde, Waters and Mayor Verbic. Nays: None. Abstained: Councilwoman Shales. 420 VOLUME L REPORTS RECEIVED AND ORDERED PLACE ON FILE Sales tax revenue report for March, 1985 Cemeter Report for May, 1985 Water Department report for May, 1985 Building Permit report for May, 1985 Park and Reclamation Commission Minutes 3/14/85 Public Property & Recreation Board Minutes 6/13/85 Committee of the Whole Minutes 5/13/85 Committee of the Whole Minutes 5/28/85 Committee of the Whole Minutes 6/10/85_, Budget Summary dated June 10 , 1985 ANNOUNCMENTS Mayor Verbic made announcements relative to forthcoming meetings . ADJOURNMENT Councilwoman Moylan made a motion, seconded by Councilwoman Shales to adjourn the Council Meeting and return to the Committee of the Whole Meeting. Yeas: Councilmen Andersen Gilliam Mo lan Shales Van D y e Voorde, Waters and Mayor Verbic. Nays: None. The meeting was adjourned at 9 :05 p.m. q Marie Year -1A City Clerk