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HomeMy WebLinkAbout91-6VOLUME LVI JUNE 12, 1991 296 COUNCIL OF THE CITY OF ELGIN, ILLINOIS COUNCIL-MANAGER FORM OF GOVERNMENT REGULAR MEETING A regular meeting of the Council of the City of Elgin, Illinois, was held on June 12, 1991 in the Council Chambers. The meeting was called to order by Mayor VanDeVoorde at 8:05 p.m. The Invocation was given by Reverend Martin Balzar, and the Pledge of Allegiance was led by City Clerk, Dolonna Mecum. RnT.7. rAT.T. Roll call was answered by Councilmembers Fox, Gilliam, Moylan, Walters, Yearman, and Mayor VanDeVoorde. Absent: Councilwoman Popple. MINUTES OF THE MAY 22 1991 COUNCIL MEETING APPROVED AS PUBLISHED Councilman Walters made a motion, seconded by Councilman Fox, to approve the May 22, 1991 Council Minutes as published. Yeas: Councilmembers Fox, Gilliam, Moylan, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. BID AWARDED FOR POLICE HANDGUNS Councilwoman Moylan made a motion, seconded by Councilman Fox, to award this bid to Ray O'Herron Equipment Company for not more than $67,026.80. Yeas: Councilmembers Fox, Gilliam, Moylan, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. BID AWARDED FOR FIRE HOSE Councilman Fox made a motion, seconded by Councilman Walters, to award this contract to the overall, low, responsive bidder, Great Lakes Fire & Safety Equipment Co. for a total amount of $11,412. Yeas: Councilmembers Fox, Gilliam, Moylan, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. BID AWARDED FOR LEAF LOADERS - PUBLIC WORKS Councilwoman Yearman made a motion, seconded by Councilwoman Moylan, to award this contract to the overall low bidder, Lewis International Inc., for a total price of $56,110. Yeas: Councilmembers Fox, Gilliam, Moylan, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. 297 JUNE 12, 1991 VOLUME LVI BID AWARDED FOR LOADER BACKHOE - PARRS MAINTENANCE Councilman Walters made a motion, seconded by Councilman Fox, to award this contract to the overall low bidder; Case Power & Equipment Co., in the amount of $29,959.. Yeas: Councilmembers Fox, Gilliam, Moylan, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. BID AWARDED FOR GROUNDS MAINTENANCE EQUIPMENT - PARKS Councilwoman Moylan made a motion, seconded by Councilwoman Yearman, to award this contract to the overall low bidder, Illinois Lawn Equipment, for a total amount of $5,664. Yeas: Councilmembers Fox, Gilliam, Moylan, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. BID AWARDED FOR INSTALLATION OF CEILING TILES - PUBLIC WORKS Councilman Fox made a motion, seconded by Councilman Walters, to award this contract to the overall low bidder, Decona Construction Company, for a total amount of $5,250. ,Yeas: Councilmembers Fox, Gilliam, Moylan, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. BID AWARDED FOR PAVING GOLF CAR PATHS - SPARTAN MEADOWS Councilman Walters made a motion, seconded by Councilman Fox, to award this contract to the overall low bidder, Fowler Paving, for a total amount of $5,525. Yeas: Councilmembers Fox, Gilliam,, Moylan, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. BID AWARDED FOR PIPE INSULATION - SLUDGE CONTROL BUILDING AT RIVERSIDE Councilman Fox made a motion, seconded by Councilman Gilliam, to award this contract to the overall low bidder, Leitelt Insulations Inc. for a total amount of $7,105. Yeas: Councilmembers Fox, Gilliam, Moylan, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. BID AWARDED FOR WINDOW WASHING SERVICES Councilwoman Moylan made a motion, seconded by Councilwoman Yearman, to award this contract to the overall low bidder, All Window Cleaning Services, Inc. for $10,428. Yeas: Councilmembers Fox, Gilliam, Moylan, Walters, and Yearman. Nays: Mayor VanDeVoorde. VOLUME LVI JUNE 12, 1991 298 BID AWARDED FOR TRAFFIC 'SIGNAL PAINTING Councilman Fox made a motion, seconded by Councilwoman Moylan, to award this contract to the overall low bidder, Ron Baker Painting, for $13,500. Yeas: Councilmembers Fox, Gilliam, Moylan, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. PETITION S1-91 REOUESTING PRELIMINARY AND Councilwoman Moylan made a motion, seconded by Councilman Fox, to approve Petition S1-91. Yeas: Councilmembers Fox, Gilliam, Moylan, and Mayor VanDeVoorde. Nays: Councilmembers Walters and Yearman. Councilwoman Yearman made a motion, seconded by Councilman Walters, to approve Petition 16-91 subject to compliance with all applicable codes and ordinances. Yeas: Councilmembers Fox, Gilliam, Moylan, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. OWNER - APPROVED Councilman Fox made a motion, seconded by Councilwoman Moylan, to approve Petition 32-91, subject to conditions set forth. Yeas: Councilmembers Fox, Gilliam, Moylan, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Councilman Walters made a motion, seconded by Councilwoman Yearman, to approve Application S6-91, subject to conditions set forth. Yeas: Councilmembers Fox, Gilliam, Moylan, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. 299 JUNE 12, 1991 VOLUME LVI 3 WAGE RATES ON Councilwoman Yearman made a motion, seconded by Councilman Fox, to adopt the aforementioned resolution. Yeas: Councilmembers Fox, Gilliam, Moylan, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. RESOLUTION ESTABLISHING PREVAILING WAGE RATES ON PUBLIC WORKS CONTRACTS WHEREAS, Illinois Revised Statutes, 1989, Chapter 48, §39s-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 Department of Labor to ascertain the general prevailing wage rate; and WHEREAS, at the request of the City of Elgin the Department of Labor has determined 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 made 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. VOLUME LVI JUNE 12, 1991 300 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/ George VanDeVoorde George VanDeVoorde, Mayor Presented: June 12, 1991 Adopted: June 12, 1991 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk Councilwoman Yearman made a motion, seconded by Councilman Walters, to adopt the aforementioned resolution. Yeas: Councilmembers Fox, Gilliam, Moylan, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. RESOLUTION AUTHORIZING EXECUTION OF A PARATRANSIT GRANT AGREEMENT WITH THE SUBURBAN BUS DIVISION OF THE REGIONAL TRANSPORTATION AUTHORITY BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Larry L. Rice, City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute a Paratransit Grant Agreement on behalf of the City of Elgin with the Suburban Bus Division of the Regional Transportation Authority, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor 301 JUNE 12, 1991 VOLUME LVI Presented: June 12, 1991 Adopted: June 12, 1991 Vote: Yeas 6 Nays 0 Recorded: Attest: sl Dolonna Mecum Dolonna Mecum, City Clerk FROM THE OLD MAIN Councilman Gilliam made a motion to deny the aforementioned request. The motion died for lack of receiving a second. Councilwoman Moylan made a motion, seconded by Councilwoman Yearman, to adopt the resolution authorizing payment from the Old Main Restoration Escrow Account. Yeas: Councilmembers Fox, Gilliam, Moylan, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. RESOLUTION APPROVING PAYOUT FROM THE OLD MAIN RESTORATION ESCROW ACCOUNT WHEREAS, the City of Elgin is the owner of certain real property upon which is a structure commonly known as Old Main; and WHEREAS, the City of Elgin and the Elgin Historical Society have entered into an agreement wherein Old Main is to be renovated and occupied by the Historical Society as a historical museum; and WHEREAS, pursuant to said agreement the plans and contract documents of such renovation are subject to the prior approval of the City of Elgin; and WHEREAS, on March 22, 1989 the City of Elgin, the Elgin Area Historical Society and the First National Bank of Elgin (escrowee) entered into an escrow agreement which established the Old Main Restoration Account and authorized the escrowee to make payments from said account on, the written direction of the City of Elgin and the Historical Society; and WHEREAS, renovation work has been continuing and application has now been made for the payment of $9,147.54 from the escrow account. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF " THE CITY OF ELGIN, ILLINOIS, that the First National Bank of Elgin is authorized and directed to release funds from the VOLUME LVI JUNE 12, 1991 302 Elgin is authorized Old Main Restoration following supplier: and directed to release funds from the Account in the following amount to the Midwest Woodwork & Veneering, Inc. $ 1,773.08 Jack's Plumbing 228.50 Reed's Construction 1,162.50 True Value Hardware 154.26 Bernie Idstein Painting 480.00 Lighting Manufacturers & Distributors 49.20 Turk Floor Company 3,900.00 Enhanced Interiors 1,400.00 $ 9,147.54 per the written direction of the Elgin Area Historical Society dated June 4, 1991, a copy of which is attached hereto and made a part hereof by reference. Presented: June 12, 1991 Adopted: June 12, 1991 Vote: Yeas 6 Nays 0 Recorded: Attest: S1 Dolonna Mecum Dolonna Mecum, City Clerk sl George VanDeVoorde George VanDeVoorde, Mayor THE Councilman Fox made a motion, seconded by Councilman Walters, to pass the aforementioned ordinance. Yeas: Councilmembers Fox, Gilliam, Moylan, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. 303 VOLUME LVI ORDINANCE NO. 59-91 AN ORDINANCE PRELIMINARILY APPROVING THE ISSUANCE OF QUALIFIED MORTGAGE BONDS OR MORTGAGE CREDIT CERTIFICATES WHEREAS, Section 6(a) of Article VII of the 1970 Constitution of Illinois provides that "any municipality which has a population of more than 25,000... (is a) home rule unit" and the City of Elgin , Kane and Cook County, Illinois (the "Municipality"), has a population of more than 25,000 and is therefore a home rule unit and may, under the power granted by said Section 6(a) of Article VII of said Constitution of 1970 exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, there exists within the borders of the Municipality a recognized need for decent, safe, sanitary and well -constructed and maintained housing which persons of moderate income can afford; and WHEREAS, it is necessary and desirable that the Municipality issue either qualified mortgage bonds pursuant to Section 143(a) of the Internal Revenue Code of 1986 (the "Code") or mortgage credit certificates pursuant to Section 25 of the Code in order to reduce the cost of financing for the acquisition of housing located in or near the Municipality for qualifying persons; VOLUME LVI 304 WHEREAS, it is necessary and desirable that the Municipality apply for an allocation of 1991 "volume cap" under the Illinois Private Activity Bond Allocation Act to be used for the issuance of qualified mortgage bonds or mortgage credit certificates. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN KANE AND COOK COUNTY, ILLINOIS, as follows: Section 1. Home Rule Authority. The Municipality is a home rule unit under the provisions of the 1970 Constitution of Illinois, and as a home rule unit may, under the powers granted by Section.6(a) of Article VII thereof, "exercise any power and perform any function pertaining to its government and affairs," and this Ordinance is adopted pursuant to the Municipality's home rule powers, any provisions contained in any other Municipality ordinance or resolution or in Illinois law to the contrary not- withstanding. Section 2. Declaration of Public Purpose. It is here- by found, determined and declared that the purpose of this Ordi- nance is to take steps designed to reduce the cost of financing for, the acquisition of principal residence housing located in or near the Municipality in order to provide decent, safe and sanitary housing for qualifying persons of moderate income. It is further hereby found, determined and declared that this will provide for and promote the public health, safety, morals and welfare, maintain and foster the increase of industrial and 305 VOLUME LVI commercial activity and economic development, and preserve and increase the ad valorem tax base of the Municipality and its environs. The foregoing are hereby declared and determined to be public purposes and functions pertaining to the government and affairs of the Municipality. Section 3. Preliminary Authorization for Issuance of Qualified Mortgage Bonds or Mortgage Credit Certificates. The Mayor, City Clerk and other officers of the Municipality are hereby authorized to take such steps as are necessary to provide for the issuance by the City, subject to City Council approval of the final terms of all instruments and agreements to be entered into in connection therewith, of its qualified mortgage bonds or, '~ in lieu thereof, mortgage credit certificates. Such qualified mortgage bonds shall be issued in one or more series in a principal amount not to exceed the "volume cap" approved by the State of Illinois as approved pursuant to Section 4 hereof. If mortgage credit certificates are issued in lieu of qualified mortgage bonds, the Municipality shall elect not to issue qualified mortgage bonds in an amount not to exceed the amount set forth in the preceding sentence. Section 4. 1991 Volume Cap. The Mayor and other officials of the Issuer are hereby authorized to take such actions as are necessary under the Illinois Private Activity Bond Allocation Act to obtain up to $ 7,000,000 of "volume cap" as defined therein for the calendar year 1991 for purposes of the VOLUME LVS 306 issuance of either qualified mortgage bonds or mortgage credit certificates as described herein. Section 5. Approval of Further Actions. From and after the adoption of this Ordinance, the proper officials, agents and employees of the Municipality are hereby authorized, empowered and directed to do all such acts and things and to execute all such documents as may be necessary to carry out and comply with the provisions of this Ordinance or to effectuate the purposes hereof. Section 6. Repeal of Conflicting Actions. All ordinances, resolutions, orders or parts thereof, in conflict with the provisions of this Ordinance are, to the extent of such conflict, hereby repealed. Section 7. Effective Date. This Ordinance shall be in full force and effect upon its passage and approval. 0 t 307 l+l�I1ti141?liYMl PRESENTED, PASSED, APPROVED AND RECORDED by the City of Rlmin , Kane & Cook County, Illinois, a home rule unit of government, this �� day of June , 1991. APPROVED: s/ George VanDeVoorde MAYOR, City of Elgin , Kane & Cook County, Illinois Attest: s/ Dolonna Mecum City Clerk, City of Elgin Kane & Cook County, Illinois Recorded in the records of the City the 12thday of June , 1991 UTION ADOPTED AUTHORIZING EXECUTION OF AN AGR SE OF THE CITY OF ELGIN FIRE DEPARTMENT TRAIN Councilwoman Yearman made a motion, seconded by Councilman Gilliam, to adopt the aforementioned resolution. Yeas: Councilmembers Fox, Gilliam, Moylan, Walters, yearman, and Mayor VanDeVoorde. Nays: None. .. VOLUME LVI JUNE 12, 1991 308 RESOLUTION w' AUTHORIZING EXECUTION OF AN AGREEMENT FOR THE USE OF THE CITY OF ELGIN FIRE DEPARTMENT TRAINING TOWER BY THE WEST DUNDEE FIRE DEPARTMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Larry L. Rice, City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with the West Dundee Fire Department providing for the use of a training tower, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: June 12, 1991 Adopted: June 12, 1991 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk PUMPER Councilwoman Moylan made a motion, seconded by Councilman Walters, to adopt the aforementioned resolution. Yeas: Councilmembers Fox, Gilliam, Moylan, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE SOUTH ELGIN AND COUNTRYSIDE FIRE PROTECTION DISTRICT AND THE CITY OF ELGIN FIRE DEPARTMENT FOR USE OF A RESERVE PUMPER BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Larry L. Rice, City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with the South Elgin and Countryside Fire Protection District providing for the use of a reserve pumper, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor 309 JUNE 12, 1991 VOLUME LVI Presented: June 12, 1991 Adopted: June 12, 1991 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk EXECUTION Councilwoman Yearman made a motion, seconded by Councilman Fox, to adopt the aforementioned resolution. Yeas: Councilmembers Fox, Gilliam, Moylan, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT FOR THE USE OF THE CITY OF ELGIN FIRE DEPARTMENT TRAINING TOWER BY THE SOUTH ELGIN AND COUNTRYSIDE FIRE PROTECTION DISTRICT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Larry L. Rice, City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with the South Elgin and Countryside Fire Protection District providing for the use of a training tower, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: June 12, 1991 Adopted: June 12, 1991 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk VOLUME LVI JUNE 12, 1991 310 OF AN AGREEMENT Councilman Gilliam made a motion, seconded by Councilman Fox, to adopt the aforementioned resolution. Yeas: Councilmembers Fox, Gilliam, Moylan, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT FOR MAINTENANCE OF STREETS WITH THE ILLINOIS DEPARTMENT OF TRANSPORTATION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that George VanDeVoorde, Mayor, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with the Illinois Department of Transportation for the maintenance of streets for the period July 1, 1991 through June 30, 1992, a copy of which is attached hereto and made a part hereof by reference. sl George VanDeVoorde George VanDeVoorde, Mayor Presented: June 12, 1991 `'- Adopted: June 12, 1991 Vote: Yeas 6 Nays 0 Recorded: Attest: sl Dolonna Mecum Dolonna Mecum, City Clerk Councilman Walters made a motion, seconded by Councilwoman Yearman, to adopt the aforementioned resolution. Yeas: Councilmembers Fox, Gilliam, Moylan, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. RESOLUTION AUTHORIZING EXECUTION OF A LETTER OF UNDERSTANDING WITH THE ILLINOIS DEPARTMENT OF TRANSPORTATION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that George VanDeVoorde, Mayor, be and is hereby authorized and directed to execute a letter of understanding on behalf of the City of Elgin with the Illinois Department of Transportation for the improvement of Route 31 from Strom 311 JUNE 12, 1991 VOLUME LVI Drive to I-90, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: June 12, 1991 Adopted: June 12, 1991 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk SERVICE Councilman Fox made a motion, seconded by Councilwoman Yearman, to adopt the aforementioned resolution. Yeas: Councilmembers Fox, Gilliam, Moylan, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. RESOLUTION AUTHORIZING EXECUTION OF A SERVICE AGREEMENT WITH THE BUREAU OF TESTING SERVICES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Larry L. Rice, City Manager, be and is hereby authorized and directed to execute a service agreement on behalf of the City of Elgin with the Bureau of Testing Services for the written police officer original entry examination, a copy of which is attached hereto and made a part hereof by reference. sl George VanDeVoorde George VanDeVoorde, Mayor Presented: June 12, 1991 Adopted: June 12, 1991 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk VOLUME LVI JUNE 12, 1991 312 RESOLUTION ADOPTED AUTHORIZING EXECUTION OF A FACILITY RESERVATION AGREEMENT WITH JUDSON COLLEGE Councilwoman Moylan made a motion, seconded by Councilman Walters, to adopt the aforementioned resolution. Yeas: Councilmembers Fox, Gilliam, Moylan, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. RESOLUTION AUTHORIZING EXECUTION OF A FACILITY RESERVATION AGREEMENT WITH JUDSON COLLEGE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Larry L. Rice, City Manager, be and is hereby authorized and directed to execute a facility reservation agreement on behalf of the City of Elgin with Judson College for the use of its fitness center for physical agility testing of police department applicants, a copy of which is attached hereto and made a Dart hereof by reference. sl George VanDeVoorde George VanDeVoorde, Mayor Presented: June 12, 1991 Adopted: June 12, 1991 Vote: Yeas 6 Nays 0 Recorded: Attest: sl Dolonna Mecum Dolonna Mecum, City Clerk AUTHORIZATION OF PAYMENT TO VARIOUS VENDORS Elgin Public Museum $16,425.00 Third quarter support Elgin, IL payment Elgin Proud & $ 4,030.00 Beautiful Elgin, IL Elgin Area Chamber $19,111.00 of Commerce Elgin, IL State of Illinois $12,960.00 Criminal Justice Information Authority Chicago, IL Transfer of grant funds from Illinois Clean & Beautiful Support payment for economic development Police Information Management System (PIMS) user fees 313 JUNE 12, 1991 VOLUME LVI State of Illinois $12,960.00 Police Information Criminal Justice Management System Information Authority (PIMS) user fees Chicago, IL Kale Uniforms $ 7,500.00 Police uniform shoulder Chicago, IL emblems Metrocom $10,000.00 Retrofitting cabinetry Communications for E-911 system Elmhurst, IL Kohler & Sons, Inc. $ 9,914.00 Lords Park swimming Elgin, IL pool repairs Turner Bros. $15,252.00 Loading & trucking Excavating services to transport South Elgin, IL dirt fill to Grove . Avenue site D. H. Martin $ 7,961.70 Gasoline for Ann Street Petroleum Garage Elgin, IL Northern FS, Inc. $ 5,314.00 Grass seed mixes for Hampshire, IL parks & treebanks . Radicom Inc. $21,987.50 Final payment for McHenry, IL centrex telephone and phone mail system Neighborhood Housing $34,000.00 Establishment of Services additional escrow Elgin, IL account for Rehabilita- tion Loan Program Councilman Walters made a motion, seconded by Councilman Fox, to approve the above payments. Yeas: Councilmembers Fox, Gilliam, Moylan, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Councilwoman Yearman made a motion, seconded by Councilman Gilliam, to pass the aforementioned ordinance. Yeas: Councilmembers Fox, Gilliam, Moylan, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. VOLUME LVI JUNE 12, 1991 314 Ordinance No. G34-91 AN ORDINANCE AMENDING TITLE 9 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED ENTITLED "HEALTH AND SAFETY" BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Chapter 9.08 of the Elgin Municipal Code, 1976, as amended, entitled "Food Stores" be and is hereby repealed. Section 2. That Chapter 9.10 of the Elgin Municipal Code, 1976, as amended, entitled "Food Service Establishment" be and is hereby repealed. Section 3. That Title 9 of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by adding Chapter 9.08 to read as follows: "Chapter 9.08 RETAIL FOOD STORES AND FOOD SERVICE ESTABLISHMENTS 9.08.010 License required It is unlawful to operate a food store or a food service establishment without first having obtained a license therefor, or without full compliance with the provisions of this chapter. A license shall not be transferable from one person or business to another, nor from one establishment to another at another location. A valid license is one that is not suspended, revoked or expired. 9.08.020 Adoption of state regulations. The current edition of the Retail Food Store 'Sanitation Rules and Regulations and Food Service Sanitation Code, as published by the Illinois Department of Public Health, published in pamphlet form, are adopted as the regulations governing the sanitation procedures and controls for the storage, preparation and display of food sold within.the city with such amendments as are hereinafter set forth in this chapter. 9.08.030 Definitions. A. 'Food service establishment' as referred to in Section 750.10 of the Food Services Establishment Rules and Regulations shall be expanded to include day care centers, nursing homes, retirement centers and schools. 315 JUNE 12, 1991 VOLUME LVI B. 'Retail food store' means any establishment or section of an establishment where food and food products are offered to the consumer and intended for, though not limited to, off -premises consumption. The term includes delicatessens that offer prepared food in bulk quantities only. The term does not include establishments which handle only prepackaged spirits; roadside markets that offer only fresh fruits and fresh vegetables for sale; food service establishments; or food and beverage vending machines. C. 'Health officer' as used in this chapter means the code enforcement officer of the city or his designee. D. 'Service accommodation' as used in this chapter means the seating place where one patron or customer to be served can be seated, or in lieu of seating space two lineal feet of counter space which may be used or occupied by one patron or customer to be served while standing and in case of drive-in restaurants, shall include in addition thereto each parking space for motor vehicles provided for the accommodation of patrons or customers. E. 'Misbranded' as used in this chapter means the presence of any written, printed or graphic matter, upon or accompanying food containers of food, which is false or misleading, or which violates an applicable state or local labeling requirement. 9.08.040 License --Application. All applications for a license to operate a retail food store and food service establishment shall be made in conformity with the standard application procedure in Chapter 6.03. All applications shall be referred to the health officer, who shall make or cause to be made an investigation of the premises to be used, and report his finding thereon, recommending or advising against the issuance of the license. 9.08.050 License --Fee. The annual fee for retail food store licenses shall be as follows: A. Food centers (over ten employees) including sale of fresh meat and groceries ..........$ 120.00 B. Specialty retail foods stores ..$ 80.00 including, VOLUME LVI JUNE 12, 1991 316 1. Bakeries, 2. Confectionary and/or ice cream stores, 3. Meat markets, 4. Grocery stores (no sale of fresh meats), 5. Food centers (under ten employees) including sale of fresh meat and groceries, 6. Wholesale food distributors, 7. Delicatessens. C. Convenience food outlets .........$ 40.00 including, 1. Milk depots, including prepackaged convenience foods, 2. Produce stands-. D. The annual license fee of a food service establishment shall be as follows: Drive -ins --no seating ............ $ 80.00 Restaurants with a customer capacity, including counter stool or seats of less than twenty-five persons at one time ......$ 80.00 Restaurants with a customer capacity of twenty-five persons or more at one time ..............................$ 120.00 Provided, however, that any person, firm or corporation operating a restaurant or serving food in conjunction with a tavern where alcoholic liquor is served for consumption on the premises and is subject to the alcoholic liquor license fees as, provided for in Chapter 6.06 of this code shall not be required to pay the food service establishment fee provided for herein, but shall comply with all the requirements of this chapter. 317 JUNE 12, 1991 VOLUME LVI 9.08.060 Unwholesome food--Unsanitary.conditions. No retail food store or food service establishment licensee shall offer for sale, or keep for the purpose of selling or offering for sale, any food of any kind intended for human consumption which is unwholesome and unfit for human consumption for any reason, or violate any rule or regulation provided in the Retail Food Store Sanitation Rules and Regulations or the Food Service Sanitation Code as adopted in Section 9.08.020. 9.08.070 Examination and condemnation of unwhole- some or adulterated food or drink. Samples of food and drink may be examined or sampled by the health officer as often as may be necessary to determine freedom from unwholesomeness, adulteration and misbranding, and determine bacteriological content. The health officer may order condemnation of and forbid the sale of, or cause to be removed, destroyed or denatured, any food which is unwholesome, adulterated or misbranded. Any food or substance which is suspected by the health officer of being unwholesome, adulterated or misbranded may be detained by the placing of a hold order on the food or drink. During the time the hold order is in effect, the food or drink may not be offered for sale, moved, or disposed of until the hold order is released by the health officer in writing. 9.08.080 Inspection of food stores. A. At least once during the calendar period of January 1 through June 30 and at least once during the period of July 1 through December 31, the health officer shall inspect every retail food store and food service establishment within the city. Upon discovery by the health officer of any sanitation violation, he shall issue a written inspection report to the license holder or operator citing such conditions, specifying the corrective action to be taken and specifying the time period within which the action shall be taken. The health officer shall make a second inspection after the lapse of such time as he deems necessary for the defect to be remedied, and the second inspection shall be used in determining compliance with the requirements of this chapter. Any violation of the same requirement of this chapter on such second inspection may call for immediate suspension of the license. VOLUME LVI JUNE 12, 1991 318 B. One copy of the inspection report shall be posted by the health officer upon an inside wall of the retail food store or food service establishment in public view, and said inspection report shall not be defaced or removed by any person except the health officer. Another copy of the inspection report shall be filed with the records of the health department. C. The person operating the retail food store or food service establishment shall upon request of the health officer permit access to all parts of the establishment and shall permit copying any or all records of food purchased. 9.08.090 Food sanitation enforcement procedures. A. Correction of Violations. 1. Critical Items. All critical items require immediate correction, unless a separate compliance schedule is established for specific structural items. This may be accomplished: a. During the sanitarian's inspection. b. By denying use of food products or -- equipment which are questionable. The sanitarian would place a hold order on the food or equipment. This would forbid the use of the food or equipment until written permission is obtained from the sanitarian. 2. Non -critical items. Non -critical .items require correction by the next inspection regardless if it is a routine or follow-up inspection. 9.08.100 Non -renewal of license. Non -renewal of license "For serious repeat violations". A. Causes. When establishment's renewal application is received, the sanitarian shall review the file for serious repeat violations demonstrated by: 1. Repeated violations of three or more critical items. 2. Score of 70 or less on two inspections within eighteen (18) months. 319 JUNE 12, 1991 VOLUME LVI 3. Score of 60 or less on most recent inspection. � B. Action. 1. If the review reveals any of these conditions, the license may not be issued. The sanitarian may: a. Send the non -renewal letter to the license holder by: i. hand delivery or, ii. certified mail with return receipt requested. b. Remove the license. from the establishment on the last day of allowed operation. 2. The license holder: a. Shall cease operation on the date specified on the non -renewal letter. b. May make a written request for a prehearing conference with the health officer within ten days of the date of the non -renewal letter. C. May make a written request for a reinspection at anytime which includes a signed statement saying the conditions causing the non -renewal of the permit have been corrected. The sanitarian shall make the reinspection within ten days of the license holder's written request. C. Pre -hearing Conference. 1. The health officer: a. Sets the time and date of pre -hearing within thirty days of request. b. Notifies license holder of time and date at least five days before pre -hearing. (Mail copy of letter to appropriate liquor commission, if applicable.) c. Renders decision within ten days after pre -hearing. VOLUME LVI JUNE 12, 1991 320 d. Written decision is placed in the establishment's file and a copy is sent to the permit holder by hand delivery or certified mail and return of receipt. D. Hearing Conference. 1. The license holder may file in the office of the health officer a written request for a hearing before the board of health if he wishes to appeal the pre -hearing decision. 2. The secretary of the board of health shall: a. Set the, time and date of hearing within thirty days of request. b. Notify license holder of time and date at least five days before the hearing. 3. The board of health shall render a decision within ten days after the hearing. 4. The written decision is placed in the establishment's file and a copy is sent to the license holder by hand delivery or certified mail and return of receipt. 5. The license holder may file an appeal with the Kane County Circuit Court if he disagrees with the decision rendered by the board of health. 9.08.110 Suspension of license. Suspension of license "For failure of the license holder to comply with the requirements of this ordinance". A. Causes. 1. Lack of substantial progress on follow-up inspections: (Refer to Follow-up Inspection Enforcement Procedures). 2. Repeated violation of five or more critical items. 321 JUNE 12, 1991 VOLUME LVI B. Actions. 1. The sanitarian may: a. Send the suspension letter to the license holder by: i. hand delivery or, ii. certified mail with return receipt requested. b. Remove the license from the establishment upon suspension of the permit. 2. The license holder: a. Must immediately suspend operation upon service of the notice. b. May make a written request for a prehearing conference with the health officer within five days from receipt of the suspension notice. C. May make a written request for a reinspection at any time. C. Pre -hearing Conference. 1. The health officer: a. Sets the time and date of pre -hearing within thirty days of request. b. Notifies license holder of time and date at least five days before pre -hearing. (Mail copy of letter to appropriate liquor commission, if applicable.) c. Renders decision within ten days after pre -hearing. d. Written decision is placed in the establishment's file and a copy is sent to the permit holder by hand delivery or certified mail and return of receipt. D. Hearing Conference. 1. The license holder may file in the office of the health officer a written request VOLUME LVI JUNE 12, 1991 322 for a hearing before the board of health if he wishes to appeal the pre -hearing decision. 2. The secretary of the board of health shall: a. Set the time and date of hearing within thirty days of request. b. Notify license holder of time and date at least five days before the hearing. 3. The board of health shall render a decision within ten days after the hearing. 4. The written decision is placed in the establishment's file and a copy is sent to the license holder by hand delivery or certified mail and return of receipt. 5. The license holder may file an appeal with the Kane County Circuit Court if he disagrees with the decision rendered by the board of health. 9.08.120 Immediate suspension of license. Immediate suspension of license "For substantial hazard to the public health". A. Causes,. 1. Utility interruptions. 2. Severe unsanitary conditions. 3. Foodborne illness -outbreak traced to establishment as ongoing. 4. Employee with communicable disease. 5. A score not corrected above '60 at the time of the inspection. 6. Improper use of insecticide - depending on situation. B. Action. 1. When the sanitarian's inspection reveals any of the above conditions or any other conditions which in his judgment constitutes a substantial hazard to the public health, he shall: 323 JUNE 12, 1991 VOLUME LVI a. Contact a supervisor, whenever possible, to verify the conditions. b. Issue a written notice to the license holder or operator stating: i. Conditions causing the immediate suspension. ii. The corrective action to be taken. iii. The time period within which such action shall be taken. iv. If deemed necessary, that the license is immediately suspended and that all operations as a food establishment are to be immediately discontinued. V. Remove the license from the premises. 2. The license holder: a. Shall immediately discontinue operation upon service of the notice. b. May make a written request for a pre -hearing conference with the health officer within five days of receipt of the suspension notice. C. May make a written request for a reinstatement inspection at any time. C. Pre -hearing Conference. 1. The health officer: a. Sets the time and date of pre -hearing within thirty days of request. b. Notifies license holder of time and date at least five days before pre -hearing. (Mail copy of letter to appropriate liquor commission, if applicable.) c. Renders decision within ten days after pre -hearing. d. Written decision is placed in the establishment's file and a copy is sent to VOLUME LVI JUNE 12, 1991 324 the permit holder by hand delivery or certified mail and return of receipt. D. Hearing Conference. 1. The license holder may file in the office of the health officer a written request for a hearing before the board of health if he wishes to appeal the pre -hearing decision. 2. The secretary of the board of health shall: a. Set the time and date of hearing within thirty days of request. b. Notify license holder of time and date at least five days before the hearing. 3. The board of health shall render a decision within ten days after the hearing. 4. The written decision is placed in the establishment's file and a copy is sent to the license holder by hand delivery or certified mail and return of receipt. 5. The license holder may file an appeal with the Kane County Circuit Court if he disagrees with the decision rendered by the board of health. 9.08.130 Revocation of license. Revocation of license "For serious or repeated critical violations of any provisions of this ordinance, or for interference with the health officer in the performance of his duties A. Causes. 1. Serious or repeated critical violations of any of the requirements of the ordinance. 2. Repeatedly not permitting access to the facility for an inspection when it is open to the public. 3. Blatantly or subtly threatening bodily harm. 4. Two or more suspension notices or non -renewal notices within past two years. B. Action. 325 JUNE 12, 1991 VOLUME LVI 1. The sanitarian: a. Shall meet with the public health officer to discuss the situation; if the license is to be revoked then: b. Shall send the revocation letter to the permit holder by: i. Hand delivery, or ii. Certified mail with return receipt requested. c. Shall remove the license from the establishment upon revocation of the permit. d. May suspend the license for cause pending the license's revocation or a hearing relative to the revocation. 2. The license holder: a. May make a written request for a pre -hearing conference within five days of the receipt of the revocation letter. b. Shall discontinue all operation as a food establishment within five days of the receipt of the revocation letter. C. May make written applicable for a new license if revocation of the permit is final. C. Pre -hearing Conference. 1. The health officer: a. Sets the time and date of pre -hearing within thirty days of request. b. Notifies license holder of time and date at least five days before pre -hearing. (Mail copy of letter to appropriate liquor commission, if applicable.) C. Renders decision within ten days after pre -hearing. d. Written decision is placed in the establishment's file and a copy is sent to the permit holder by hand delivery or certified mail and return of receipt. VOLUME LVI JUNE 12, 1991 326 D. Hearing Conference. 'v 1. The license holder may file in the office of the health officer a written request for a hearing before the board of health if he wishes to appeal the pre -hearing decision. 2. The secretary of the board of health shall; a. Set the time and date of hearing within thirty days of request. b. Notify license holder of time and date at least five days before the hearing. 3. The board of health shall render a decision within ten days after the hearing. 4. The written decision is placed in the establishment's file and a copy is sent to the license holder by hand delivery or certified mail and return of receipt. 5. The license holder may file an appeal with the Kane County Circuit Court if he disagrees with the decision rendered by the w board of health. 9.08.140 Enforcement of action --Employees. A. When the health officer has reasonable cause to suspect the possibility of disease transmission by any retail food store or food service establishment employee, he shall make such investigation as may be indicated, including the morbidity history of suspected employees, and take appropriate action. The health officer may require any or all of the following measures: 1. The immediate exclusion of the person as an employee from all food > stores or food service establishments; no employee shall be allowed to return to work in a food store or food service establishment until the health officer certifies that the employee no longer presents a health hazard. 2. Restriction on the employee's services to some area of the store or establishment where there would be no danger of transmitting disease. 327 JUNE 12, 1991 VOLUME LVI 3. Adequate medical and laboratory examinations of the employee and, if deemed necessary, other employees. B. Any person to whom such an order is issued shall comply immediately therewith, but upon written application to the board of health, shall be afforded a hearing. 9.08.150 Existing retail food stores or food service establishments. No existing food store or food service establishment shall operate within the city unless it conforms with the requirements of this chapter; provided, that equipment and facilities, installed in a retail food store or food service establishment prior to the effective date of this chapter, which do not fully meet all of the design and construction requirements of this chapter, shall be deemed acceptable in that establishment if they are in good repair, capable of being maintained in a sanitary condition, and the food contact surfaces are nontoxic. 9.08.160 New retail food stores and food service establishments. A. All retail food stores and food service establishments which are hereafter constructed, remodeled or extensively altered shall conform in such construction to the requirements of this chapter. New and replacement equipment shall be designed for use in food stores or food service establishments meeting the requirements of this chapter as to construction and installation, and shall substantially conform to the standards of the National Sanitation Foundation. B. Property prepared plans, including equipment specifications and installation layouts, shall be submitted to the health officer for review and approval before work is begun on the construction of new retail food stores or food service establishments or the reconstruction or extensive alteration of existing ones. 9.08.170 Food from establishments in other jurisdictions. Food from food service establishments or retail food stores outside the jurisdiction of the city health department may be sold within the city if such food service establishment or food stores conform to the 'provisions of this chapter or to VOLUME LVI JUNE 12, 1991 328 substantially equivalent provisions. To determine the extent of compliance with such provisions, the health officer may accept reports from the responsible authority in other jurisdictions where such food stores or food service establishments are located." Section 4. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 5. That this ordinance shall be in full force and effect from and after its passage and publication in the manner provided by law. Presented: June 12, 1991 Passed: June 12, 1991 Vote: Yeas 6 Nays Recorded: Attest: sl Dolonna Mecum Dolonna Mecum, City Clerk sl George VanDeVoorde George VanDeVoorde, Mayor �GY DICKSON A: Councilwoman Yearman made a motion, seconded by Councilman Gilliam, to adopt the aforementioned resolution. Yeas: Councilmembers Fox, Gilliam, Moylan, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. RESOLUTION REAPPOINTING PEGGY DICKSON AS A MEMBER OF THE OLD MAIN COMMISSION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Peggy Dickson be and is hereby reappointed as a member of the Old Main Commission for a term to expire May 1, 1996. s✓ George VanDeVoorde George VanDeVoorde, Mayor 329 JUNE 12, 1991 VOLUME LVI Presented: June 12, 1991 Passed: June 12, 1991 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk Councilwoman Yearman made a motion, seconded by Councilman Gilliam, to adopt the aforementioned resolution. Yeas: Councilmembers Fox, Gilliam, Moylan, Walters, Yearman, and Mayor VanDeVoorde. Nays: None, RESOLUTION ACCEPTING THE PROPOSAL OF AUSTIN McDANIEL FOR GEOGRAPHIC INFORMATION SYSTEM EQUIPMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Larry L. Rice, City Manager, be and is hereby authorized and directed to accept the proposal on behalf of the City of Elgin of Austin McDaniel for Geographic Information System Equipment, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: June 12, 1991 Adopted: June 12, 1991 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH EMPLOYEE ASSISTANCE SERVICES Councilwoman Yearman made a motion, seconded by Councilman Gilliam, to adopt the aforementioned resolution. Yeas: Councilmembers Fox, Gilliam, Moylan, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. VOLUME LVI JUNE 12, 1991 330 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH EMPLOYEE ASSISTANCE SERVICES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Larry L. Rice, City Manager, be and is hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Employee Assistance Services for an employee assistance program, a copy of which is attached hereto and made a part hereof by reference. Presented: June 12, 1991 Adopted: June 12, 1991 Vote: Yeas 6 Nays 0 Recorded: Attest: sl Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION sl George VanDeVoorde George VanDeVoorde, Mayor THE Councilwoman Yearman made a motion, seconded by Councilman Gilliam, to adopt the aforementioned resolution. Yeas: Councilmembers Fox, Gilliam, Moylan, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. RESOLUTION APPROVING CHANGE ORDER NO. 4 IN THE CONTRACT WITH WIL-FREDS CONSTRUCTION FOR THE SLADE AVENUE WATER FACILITY WHEREAS, the City of Elgin has heretofore entered into a contract with Wil-Freds Construction for the construction of the Slade Avenue Water Facility; and WHEREAS, it is necessary and desirable to modify the terms of the contract as is described in Change Order No. 4, attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Larry L. Rice, City Manager, be and is hereby authorized and directed to execute 331 JUNE 12, 1991 VOLUME LVI Change Order No. 4, a copy of which is attached hereto and made a part hereof by reference. Presented: June 12, 1991 Adopted: June 12, 1991 Vote: Yeas 6 Nays 0 Recorded: Attest: sl Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION ADOPTED sl George VanDeVoorde George VanDeVoorde, Mayor CHANGE ORDER NO. 5 IN THE Councilwoman Yearman made a motion, seconded by Councilman Gilliam, to adopt the aforementioned resolution. Yeas: Councilmembers Fox, Gilliam, Moylan, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. RESOLUTION APPROVING CHANGE ORDER NO. 5 IN THE CONTRACT WITH WIL-FREDS CONSTRUCTION FOR THE SLADE AVENUE WATER FACILITY WHEREAS, the City of Elgin has heretofore entered into a contract with Wil—Freds Construction for the construction of the Slade Avenue Water Facility; and WHEREAS, it is necessary and desirable to modify the terms of the contract as is described in Change Order No. 5, attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Larry L. Rice, City Manager, be and is hereby authorized and directed to execute Change Order No. 5, a copy of which is attached hereto and made a part hereof by reference. sl George VanDeVoorde George VanDeVoorde, Mayor VOLUME LVI JUNE 12, 1991 332 Presented: June 12, 1991 Adopted: June 12, 1991 Vote: Yeas 6 Nays 0 Recorded: Attest: sl Dolonna Mecum Dolonna Mecum, City Clerk Councilwoman Yearman made a motion, seconded by Councilman Gilliam, to adopt the aforementioned resolution. Yeas: Councilmembers Fox, Gilliam, Moylan, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. RESOLUTION AUTHORIZING AN AGREEMENT WITH MAINSTAGE MANAGEMENT INTERNATIONAL, INC. FOR THE ON STAGE AT HEMMENS SERIES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby authorizes Larry L. Rice, City Manager, to execute an agreement with Mainstage Management International, Inc. for the performance of Yesterday A Tribute to the Beatles for the On Stage at Hemmens Series, a copy of which is attached hereto and made a part hereof by reference. sl George VanDeVoorde George VanDeVoorde, Mayor Presented: June 12, 1991 Adopted: June 12, 1991 Vote: Yeas 6 Nays 0 Recorded: Attest: sl Dolonna Mecum Dolonna Mecum, City Clerk 333 JUNE 12, 1991 VOLUME LVI Councilwoman Yearman made a motion, seconded by Councilman Gilliam, to adopt the aforementioned resolution. Yeas: Councilmembers Fox, Gilliam, Moylan, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. RESOLUTION AUTHORIZING AN AGREEMENT WITH ETA ENTERTAINMENT TALENT AGENCY, INC. FOR THE ON STAGE AT HEMMENS SERIES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS that it hereby authorizes Larry L. Rice, City Manager, to execute an agreement with ETA Entertainment Talent Agency, Inc. for a performance by The Platters and The Drifters for the On Stage at Hemmens Series, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: June 12, 1991 Adopted: June 12, 1991 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Dolonna.Mecum Dolonna Mecum, City Clerk Councilwoman Yearman made a motion, seconded by Councilman Gilliam, to adopt the aforementioned resolution. Yeas: Councilmembers Fox, Gilliam, Moylan, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. RESOLUTION AUTHORIZING AN AGREEMENT WITH MAINSTAGE MANAGEMENT INTERNATIONAL, INC. FOR THE ON STAGE AT HEMMENS SERIES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby authorizes Larry L. Rice, City Manager, to execute an agreement with Mainstage Management International, Inc. for the performance of Nunsense for the VOLUME LVI JUNE 12, 1991 334 On Stage at Hemmens Series, a copy of which is attached hereto and made a part hereof by reference. Presented: June 12, 1991 Adopted: June 12, 1991 Vote: Yeas 6 Nays 0 Recorded: Attest: sl Dolonna Mecum Dolonna Mecum, City Clerk F-71 sl George VanDeVoorde George VanDeVoorde, Mayor UWV-19 Councilwoman Yearman made a motion, seconded by Councilman Gilliam, to adopt the aforementioned resolution. Yeas: Councilmembers Fox, Gilliam, Moylan, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. RESOLUTION AUTHORIZING AN AGREEMENT WITH MARY BETH TREEN ARTISTS MANAGEMENT FOR THE ON STAGE AT HEMMENS SERIES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby authorizes Larry L. Rice, City Manager, to execute an agreement with Mary Beth Treen Artists Management for a performance by Glenn Yarbrough for the On Stage at Hemmens Series, a copy of which is attached hereto and made a part hereof by reference. sl George VanDeVoorde George VanDeVoorde, Mayor Presented: June 12, 1991 Adopted: June 12, 1991 Vote: Yeas 6 Nays 0 Recorded: Attest: sl Dolonna Mecum Dolonna Mecum, City Clerk 335 JUNE 12, 1991 VOLUME LVI RESOLUTION ADOPTED AUTHORIZING AN AGREEMENT WITH MAINSTAGE MANAGEMENT INTERNATIONAL, INC. FOR THE ON STAGE AT HEMMENS SERIES Councilwoman Yearman made a motion, seconded by Councilman Gilliam, to adopt the aforementioned resolution. Yeas: Councilmembers Fox, Gilliam, Moylan, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. RESOLUTION AUTHORIZING AN AGREEMENT WITH MAINSTAGE MANAGEMENT INTERNATIONAL, INC. FOR THE ON STAGE AT HEMMENS SERIES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby authorizes Larry L. Rice, City Manager, to execute an agreement with Mainstage Management International, Inc. for the performance of Driving Miss Daisy for the On Stage at Hemmens Series, a copy of which is attached hereto and made a part hereof by reference. sl George VanDeVoorde George VanDeVoorde, Mayor Presented: June 12, 1991 Adopted: June 12, 1991 Vote: Yeas 6 Nays 0 Recorded: Attest: sl Dolonna Mecum Dolonna Mecum, City Clerk Councilwoman Yearman made a motion, seconded by Councilman Gilliam, to adopt the aforementioned resolution. Yeas: Councilmembers Fox, Gilliam; Moylan, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. RESOLUTION AUTHORIZING AN AGREEMENT WITH MAINSTAGE MANAGEMENT INTERNATIONAL, INC. FOR THE ON STAGE AT HEMMENS SERIES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby authorizes Larry L. Rice, City Manager, to execute an agreement with Mainstage Management International, Inc. for the performance of A Christmas Carol for the On Stage at Hemmens Series, a copy of which is attached hereto and made a part hereof by reference. sl George VanDeVoorde George VanDeVoorde, Mayor VOLUME LVI JUNE 12, 1991 336 Presented: June 12, 1991 Adopted: June 12, 1991 Vote: Yeas 6 Nays 0 Recorded: Attest: sl Dolonna Mecum Dolonna Mecum, City Clerk reNT5 Councilwoman Yearman made a motion, seconded by Councilman Gilliam, to adopt the aforementioned resolution. Yeas: Councilmembers Fox, Gilliam, Moylan, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. RESOLUTION AUTHORIZING AN AGREEMENT WITH STAGE ONE FOR THE PERFORMING ARTS FOR YOUNG PEOPLE AND STAGE II SERIES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby authorizes Larry L. Rice, City Manager, to execute an agreement with Stage One for the W- performance of The Story of Babar and The Bridge to Terabithia for the Performing Arts for Young People and Stage II Series, a copy of which is attached hereto and made a part hereof by reference. Presented: June 12, 1991 Adopted: June 12., 1991 Vote: Yeas 6 Nays 0 Recorded: Attest: sl Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION l�Y�1.i�Y;1�1 Ev sl George VanDeVoorde George VanDeVoorde, Mayor Councilwoman Yearman made a motion, seconded by Councilman Gilliam, to adopt the aforementioned resolution. Yeas: Councilmembers Fox, Gilliam, Moylan, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. 337 JUNE 12, 1991 VOLUME LVI RESOLUTION AUTHORIZING AN AGREEMENT WITH ALPHABET SOUP PRODUCTIONS INC. FOR THE PERFORMING ARTS FOR YOUNG PEOPLE SERIES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby authorizes Larry L. Rice, City Manager, to execute an agreement with A1phaBet Soup Productions Inc. for the performance of Rapunzel for the Performing Arts for Young People Series, a copy of which is attached hereto and made a part hereof by reference. Presented: June 12, 1991 Adopted: June 12, 1991 Vote: Yeas 6 Nays 0 Recorded• Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk s/ George VanDeVoorde George VanDeVoorde, Mayor IV m Councilwoman Yearman made a motion, seconded by Councilman Gilliam, to adopt the aforementioned resolution. Yeas: Councilmembers Fox, Gilliam, Moylan, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. RESOLUTION AUTHORIZING AN AGREEMENT WITH THEATRE IV FOR THE PERFORMING ARTS FOR YOUNG PEOPLE SERIES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, I.LLINOIS, that it hereby authorizes Larry L. Rice, City Manager, to execute an agreement with Theatre IV for the performance of Santa's Enchanted Workshop for the Performing Arts for Young People Series, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor VOLUME LVI JUNE 12, 1991 338 Presented: June 12, 1991 Adopted: June 12, 1991 Vote: Yeas 6 Nays 0 Recorded: Attest: sl Dolonna Mecum Dolonna Mecum, City Clerk Councilwoman Yearman made a motion, Gilliam, to pass the aforementioned Councilmembers Fox, Gilliam, Moylan, Mayor VanDeVoorde. Nays: None. C 1 seconded by Councilman ordinance. Yeas: Walters, Yearman, and Ordinance No. 58-91 AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE CITY OF ELGIN (280 Sexauer Avenue) WHEREAS, a petition signed by all the owners of record of certain territory has been filed with the City Clerk requesting annexation of said territory to the City of Elgin, Illinois; and WHEREAS, said petition includes therein a statement under oath by all the owners of record that no electors reside on the subject territory; and WHEREAS, said territory is contiguous to the City of Elgin and is not within the corporate limits of any municipality; and WHEREAS, legal notice of the intent of the City of Elgin to annex said territory have been forwarded to all public bodies required to receive said notice in the manner provided by law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL of THE CITY OF ELGIN, ILLINOIS: Section 1. That the territory and lands described as follows be and are annexed to and made a part of the City of Elgin and the boundaries of the City of Elgin be and are hereby enlarged and extended to include in the corporate boundaries of the City of Elgin said territory: 339 JUNE 12, 1991 VOLUME LVI Lot 2 in Block IV Columbia Park Addition to Elgin, in the City and Township of Elgin, Kane County, Illinois. Section 2. That a certified copy of this ordinance together with an accurate map of said territories shall be filed with the Recorder of Deeds, Kane County, Illinois. Section 3. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. sl George VanDeVoorde George VanDeVoorde, Mayor Presented: June 12, 1991 Passed: June 12, 1991 Vote: Yeas 6 Nays 0 Recorded: Attest: sl Dolonna Mecum Dolonna Mecum, City Clerk Councilwoman Yearman made a motion, seconded by Councilman Gilliam, to pass the aforementioned ordinance. Yeas: Councilmembers Fox, Gilliam, Moylan, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Ordinance No. G35-91 AN ORDINANCE CLASSIFYING CERTAIN NEWLY ANNEXED TERRITORY (280 Sexauer Avenue) WHEREAS, the territory herein described has been annexed to the City of Elgin; and WHEREAS, written application has been made to classify said territory in the R-2 Single Family Residence District; and WHEREAS, after due notice in the manner provided by law the Land Use Committee conducted a public hearing concerning said application and has submitted its written findings and recommendation; and VOLUME LVI JUNE 12, 1991 340 WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and recommendations of the Land Use Committee and concurs in its recommendation. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Chapter 19.08.020, 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 including in the R-2 Single Family Residence District, the following described property: Lot 2 in Block IV Columbia Park Addition to Elgin, in the City and Township 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. sl George VanDeVoorde George VanDeVoorde, Mayor Presented: June 12, 1991 Passed: June 12, 1991 Vote: Yeas 6 Nays 0 Recorded: Attest: sl Dolonna Mecum Dolonna Mecum, City Clerk REPORTS RECEIVED AND ORDERED PLACED ON FILE Committee of the Whole Minutes for May 22, 1991 Liquor Control Commission Minutes for May 1, 1991 Land Use Committee Minutes for May 6, 1991 Land Use Committee Minutes for May 20, 1991 Planning Committee Minutes for May 29, 1991 Special Meeting Heritage Commission Minutes for April 8, 1991 Heritage Commission Minutes for April 15, 1991 Sales Tax Report for February 1991 Transportation Operations Report for April 1991 Bluff City Cemetery Report for April 1991 Water Department Accounts Receivable Report for May 1991 Parks and Recreation Board Meeting Minutes April 23, 1991 N 341 JUNE 12, 1991 VOLUME LVI Councilman Gilliam made a motion, seconded by Councilman Fox, to place the above reports on file as published. Yeas: Councilmembers Fox, Gilliam, Moylan, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. ANNOUNCEMENTS Mayor VanDeVoorde made announcements regarding forthcoming meetings. ADJOURNMENT Councilwoman Yearman made a motion, seconded by Councilman Fox, to adjourn the Council meeting and return to the Committee of the Whole meeting_ Yeas: Councilmembers Fox, Gilliam, Moylan, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Meet' g adjousned'at 8:38 p.m. -Q� Dolonna Mecum, it Clerk VOLUME LVI JUNE 26, 1991 342 COUNCIL OF THE CITY OF ELGIN, ILLINOIS COUNCIL-MANAGER FORM OF GOVERNMENT REGULAR MEETING A regular meeting of the Council of the City of Elgin, Illinois, was held on June 26, 1991, in the Council Chambers. The meeting was called to order by Mayor VanDeVoorde at 8 p.m. The Invocation was given by Dr. Willis A. Reed, and the Pledge of Allegiance was led by Corporation Counsel, Erwin Jentsch. ROLL CALL Roll call was answered by Councilmembers Gilliam, Moylan, Walters, Yearman, and Mayor VanDeVoorde. Absent: Councilmembers Fox and Popple. OF THE JUNE 12, 199 Councilman Gilliam made a motion, seconded by Councilman Walters, to approve the Council Minutes as published. Yeas: Councilmembers Gilliam, Moylan, Walters, Yearman, and Mayor VanDeVoorde., Nays: None. COMMUNICATIONS OF "SAVED PA2101 Chief Charles Gruber presented plaques, awarded by the International Association of Chiefs of Police, the National Highway Traffic and Safety Administration, and TRW Industries, to Officer Daniel Radmer, Officer Allan Holder, and Explorer Scott Haacker, The National Law Enforcement Saved by the Safety Belt Award was given to these individuals for wearing seat belts when they were involved in a serious motor vehicle accident. BID AWARDED FOR 1991 SEWER TELEVISING AND CLEANING Councilwoman Moylan made a motion, seconded by Councilwoman Yearman, to award this contract to Combined Plant Services for $32,656. Yeas: Councilmembers Gilliam, Moylan, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. 343 JUNE 26, 1991 VOLUME LVI BID AWARDED FOR TURF TRUCKSTER FOR GOLF COURSES Councilman Walters made a motion, seconded by Councilman Gilliam, to award this contract to the low bidder, Illinois Lawn Equipment Co., for a total amount of $8,449. Yeas: Councilmembers Gilliam, Moylan, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. BID AWARDED FOR ELECTRIC TRUCK FOR HEMMENS AUDITORIUM Councilman Walters made a motion, seconded by Councilwoman Yearman, to award this contract to the overall low bidder, Crown Lift Trucks, for $8,354.35. Yeas: Councilmembers Gilliam, Moylan, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Councilwoman Moylan made a motion, seconded by Councilman Walters, to table consideration of Petition 21-90. Yeas: Councilmembers Gilliam, Moylan, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Councilwoman Moylan made a motion, seconded by Councilman Walters, to table consideration of Application 53-91. Yeas: Councilmembers Gilliam, Moylan, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Councilwoman Moylan made a motion, seconded by Councilman Walters, to table Petition 24-91. Yeas; Councilmembers Gilliam, Moylan, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. VOLUME LVI JUNE 26, 1991 344 Councilwoman Yearman made a motion, seconded by Councilwoman Moylan, to approve Petition 21-91, subject to the Land Use Committee recommendations. Yeas: Councilmembers Moylan, Walters, Yearman, and Mayor VanDeVoorde. Nays: Councilman Gilliam. Councilman Walters made a motion, seconded by Councilwoman Yearman, to approve Petition 42-91, subject to the Land Use Committee recommendations. Yeas: Councilmembers Moylan, Walters, Yearman, and Mayor VanDeVoorde. Nays: Councilman Gilliam. Councilwoman Moylan made a motion, seconded by Councilman Walters, to approve Petition 35-91, subject to the recommendations of the Land Use Committee. Yeas: Councilmembers Gilliam, Moylan, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. AUTHORIZING Councilman Gilliam made a motion, seconded by Councilwoman Moylan, to adopt the aforementioned resolution. Yeas: Councilmembers Gilliam, Moylan, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. 345 JUNE 26, 1991 VOLUME LVI RESOLUTION AUTHORIZING EXECUTION OF AN ANNEXATION AGREEMENT 7 (East of Randall Road, North of the Northwest Tollway) WHEREAS, the owners of record of certain territory described in Exhibit A, attached hereto and made a part hereof by reference, desire annexation of said territory to the City of Elgin; and WHEREAS, said territory is contiguous to the City of Elgin and is not a part of any other municipality; and WHEREAS, no electors reside on the subject territory; and WHEREAS, the corporate authorities of the City of Elgin desire to annex said territory upon certain terms and conditions; and WHEREAS, a proposed annexation agreement has been filed with the City Clerk and a public hearing has been held after due notice as.required by law and all persons appearing and wishing to testify concerning the proposed annexation agreement have been heard; and WHEREAS, it is the considered opinion of the corporate authorities of the City of Elgin that it is in the best interests of the City of Elgin to enter into said annexation agreement as proposed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the Mayor and City Clerk of the City of Elgin be and are hereby authorized and directed to execute on behalf of the City of Elgin an annexation agreement in the form attached hereto as Exhibit A and incorporated herein by reference. Section 2. That this resolution shall be effective from and after its passage as provided by law. sl George VanDeVoorde George VanDeVoorde, Mayor VOLUME LVI JUNE 26, 1991 346 Presented: June 26, 1991 Adopted: June 26, 1991 Vote: Yeas 5 Nays 0 Recorded: Attest: sl Dolonna_Mecum Dolonna Mecum, City Clerk RESOLUTION Councilwoman Moylan made a motion, seconded by Councilman Walters, to adopt the aforementioned resolution. Yeas: Councilmembers Moylan, Walters, Yearman, and Mayor VanDeVoorde. Nays: Councilman Gilliam. RESOLUTION APPROVING PAYOUT FROM THE OLD MAIN RESTORATION ESCROW ACCOUNT WHEREAS, the City of Elgin is the owner of certain real property upon which is a structure commonly known as Old Main; and WHEREAS, the City of Elgin and the Elgin Historical Society have entered into an agreement wherein Old Main is to be renovated and occupied by the Historical Society as a historical museum; and WHEREAS, pursuant to said agreement the plans and contract documents of such renovation are subject to the prior approval of the City of Elgin; and WHEREAS, on March 22, 1989 the City of Elgin, the Elgin Area Historical Society and the First National Bank of Elgin (escrowee) entered into an escrow agreement which established the Old Main Restoration Account and authorized the escrowee to make payments from said account on the written direction of the City of Elgin and the Historical Society; and WHEREAS, renovation work has been continuing and application has now been made for the payment of $5,000.13 from the escrow account. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the First National Bank of Elgin is authorized and directed to release funds from the Old Main Restoration Account in the following amount to the following supplier: 347 JUNE 26, 1991 VOLUME LVI Rakow's Furniture, Inc. $ 2,471.00 Reed's Construction 200.00 Elgin Sheet Metal Company 95.00 Charles E. Pease Associates 520.00 Seigle's Home and Building Centers 676.89 Lighting Manufacturers & Distributors 1,037.24 $ 5,000.13 per the written direction of the Elgin Area Historical Society dated June 18, 1991, a copy of which is attached hereto and made a part hereof by reference. sl George VanDeVoorde George VanDeVoorde, Mayor Presented: June 26, 1991 Adopted: June 26, 1991 Vote: Yeas 4 Nays 1 Recorded: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk Councilman Gilliam made a motion, seconded by Councilman Walters, to pass the aforementioned ordinance. Yeas: Councilmembers Gilliam, Moylan, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. VOLUME LVI 348 ORDINANCE NUMBER S 10-91 AN ORDINANCE providing for the issuance of $11,560,000 General Obligation Corporate Purpose Bonds, Series 1991, of the City of Elgin, Kane and Cook Counties, Illinois, and providing for the levy and collection of a direct annual tax for the pay- ment of the principal of and interest on said bonds. WHEREAS, the City of Elgin, Kane and Cook Counties, Illinois (the "City") has a population in excess of 25,000 as determined by the last official census, and pursuant to the pro- visions of Section 6 of Article VII of the Constitution of the State of Illinois, the City is a home rule unit and may exercise any power or perform any function pertaining to its government and affairs including, but not limited to, the power to tax and to incur debt; and WHEREAS, pursuant to the provisions of said Section 6, the City has the power to incur debt payable from ad valorem property tax receipts or from any other lawful source and matu- ring within forty (40) years from the time it is incurred without prior referendum approval; and WHEREAS, on the 23rd day of April, 1975, the City Council of the City did adopt an ordinance determining the procedures to be followed in the borrowing of money for public purposes of the City and in evidence of such borrowing the issuing of full faith and credit bonds of the City without referendum approval, such ordinance being entitled; 349 VOLUME LVI ORDINANCE NO. G22-75 AN ORDINANCE establishing procedures to be followed by the City of Elgin, Kane and Cook Counties, Illinois, in issuing non -referendum general obligation bonds which ordinance was amended by Ordinance No. G14-80 adopted on January 28, 1980, by Ordinance No. 64-80 adopted on October 8, 1980 and by Ordinance No. G39-82 adopted on July 28, 1982 (Ordinance No. G22-75 as so amended being referred to hereinafter as the "Enabling Ordinance"); and WHEREAS, the City Council of the City (the "City Council") has heretofore determined and does hereby determine that it is necessary and advisable for the public health, safety, welfare, and convenience of residents of the City that the City undertake to fund the water and sewer system improvements and various other projects and related costs (which improvements, together with all related expenses as hereinafter more specifically enumerated, may be referred to as the "Project"), all in accordance with the preliminary plans and specifications prepared by engineers and approved by the City Council and now on file with the City Clerk; and WHEREAS, the estimated cost to the City of the Project is the sum of $11,560,000 and estimated investment earnings; and WHEREAS, there are insufficient funds of the City on hand and lawfully available to pay such costs of the Project; and WHEREAS,.the City Council does hereby determine that it is advisable and in the best interests of the City to borrow -2- VOLUME LVI 350 $11,560,000 at this time and, in evidence of such borrowing, issue its full faith and credit bonds in the principal amount of $11,560,000; NOW THEREFORE Be It Ordained by the City Council of the City of Elgin, Kane and Cook Counties, Illinois, in the exercise of its home rule powers and in accordance with the Enabling Ordinance, as follows: Section 1. Definitions The following words and terms used in this Ordinance shall have the following meanings unless the context or use clearly indicates another or different meaning is intended: t "Bond" or "Bonds" means one or more, as applicable, of the $11,560,000 General Obligation Corporate Purpose Bonds, Series 1991, authorized to be issued by this Ordinance. "Bond Fund" means the Bond Fund established and defined in Section 11 of this Ordinance. "Bond Register" means the books of the City kept by the Bond Registrar to evidence the registration and transfer of the Bonds. "Bond Registrar" means American National Bank and Trust Company of Chicago, Chicago, Illinois, a bank having trust powers, or a successor thereto or a :successor designated as Bond Registrar hereunder. "City" means the City of Elgin, Kane and Cook Counties, Illinois. —3- 351 VOLUME LVI "City Council" means the City Council of the City. "Code" means the Internal Revenue Code of 1986. "Ordinance" means this Ordinance, numbered S 10-91, and passed by the City Council on the 26th day of June, 1991. "Paying Agent" means 'American National Bank and Trust Company of Chicago, Chicago, Illinois, a bank having trust powers, or a successor thereto or a successor designated as Paying Agent hereunder. "Project" means the improvement project to fund water system improvements and various other projects and related costs. "Project Fund (1991)" means the Project Fund established and defined in Section 11 of this Ordinance. "Tax-exempt" means, with respect to the Bonds, the status of interest paid and received thereon as not includible in the gross income of the owners thereof under the Code for federal income tax purposes except to the extent that such interest will be taken into account in computing an adjustment used in deter- mining the alternative minimum tax for certain corporations, in computing the environmental tax imposed on certain corporations and in computing the "branch profits tax" imposed on certain foreign corporations. Section 2. Incorporation of Preambles The City Council hereby finds that all of the recitals contained in the preambles to this Ordinance are true, correct and complete and does incorporate them into this Ordinance by this reference. VOLUEM LVI 352 Section 3. Determination To Issue Bonds It is necessary and in the best interests of the City to acquire and construct the Project, to pay all related costs and expenses incidental thereto, and to borrow money and issue the Bonds for such purposes. It is hereby found and determined that such borrowing of money is necessary for the welfare of the government and affairs of the City, is for a proper public purpose or purposes and is in the public interest, and these findings and determinations shall be deemed conclusive. Section 4. Bond Details For the purpose of providing for the payment of the costs of the Project and to pay all related costs and expenses incidental thereto, there shall be issued and sold the Bonds in the principal amount of $11,560,000. The Bonds shall each be designated "General Obligation Corporate Purpose Bond, Series 1991"; be dated June 15, 1991; and shall also bear the date of authentication thereof. The Bonds shall be in fully registered form, shall be in denominations of $5,000 or integral multiples thereof (but no single Bond shall represent principal maturing on more than one date), shall be numbered consecutively in such fashion as shall be determined by the Bond Registrar, and shall become due and payable serially on January l of each of the years and in the amounts (being subject to the right of prior re- demption hereinafter set forth) and bearing interest at the rates percent per annum as follows: MM 353 VOLUME LVI Year Amount ($) Rate (� 1994 300,000 7.5% 1995 300,000 7.6% 1996 1,200,000 7.6% 1997 11800,000 6.1% 1998 2,865,000 6.2% 1999 500,000 6.3% 2000 500,000 6.4% 2001 700,000 6.5% 2002 700,000 6.5% 2003 900,000 6.5% 2004 1,060,000 6.5% 2005 735,000 6.5% The Bonds shall bear interest from the later of their dated date as herein provided or from the most recent interest payment date to which interest has been paid or duly provided for, such interest (computed upon the basis of a 360-day year of ~^,' twelve 30-day months) being payable on January 1 and July 1 of each year, commencing on July 1, 1992. Interest on each Bond shall be paid by check or draft of the Paying Agent, payable upon presentation thereof in lawful money of the United States of America, to the person in whose name such Bond is registered at the close of business on the 15th day of the month next preceding the interest payment date and shall be paid by check or draft of the Paying Agent, payable upon presentation in lawful money of the United States of America,' mailed to the address of such Registered Owner as it appears on such registration books or at such other address furnished in writing by such Registered Owner to the Bond Registrar. The principal of the Bonds shall be pay- able in lawful .money of the United States of America upon pre- VOLUME LVI 354 sentation thereof at the principal corporate trust office of the Paying Agent in the City of Chicago, Illinois, or at successor Paying Agent and locality. Section 5. Execution; Authentication The Bonds shall be executed on behalf of the City by the manual or facsimile signature of its Mayor and attested by the manual or facsimile signature of its City Clerk, as they may determine, and shall have impressed or imprinted thereon the corporate seal or facsimile thereof of the City. In case any such officer whose signature shall appear on any Bond shall cease to be such officer before the delivery of such Bond, such signa- ture shall nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until de- livery. All Bonds shall have thereon a certificate of authen- tication, substantially in the form hereinafter 'set forth, duly executed by the Bond Registrar as authenticating agent of the City and showing the date of authentication. No Bond shall be valid or obligatory for any purpose or be entitled to any secu- rity or benefit under this Ordinance unless and until such certi- ficate of authentication shall have been duly executed by the Bond Registrar by manual signature, and such certificate of au- thentication upon any such Bond shall be conclusive evidence that such Bond has been authenticated and delivered under this Ordi- nance. The certificate of authentication on any Bond shall be deemed to have been executed by it if signed by an authorized -7- 355 VOLUME LVI officer of the Bond Registrar, but it shall not be necessary that the same officer sign the certificate of authentication on all of the Bonds issued hereunder. Section 6. Registration of Bonds; Persons Treated as Owners; Redemption A. General. The City shall cause books (the "Bond Register") for the registration and for the, transfer of the Bonds as provided in this Ordinance to be kept at the principal corporate trust office of the Bond Registrar in the City of Chicago, Illinois; and the same is hereby constituted and appointed the registrar of the City for the Bonds. The City is authorized to prepare, and the Bond Registrar or such other agent 1 as the City may designate shall keep custody of, multiple Bond blanks executed by the City for use in the transfer and exchange of Bonds. Any fully registered Bond or Bonds may be exchanged upon presentation at the principal corporate trust office of the Bond Registrar in the City of Chicago, Illinois, duly endorsed by, or accompanied by a written instrument or instruments autho- rizing such exchange in form satisfactory to the Bond Registrar and duly executed by, the registered owner or his attorney duly authorized in writing, for a like aggregate principal amount of Bond or Bonds of the same maturity, of other authorized denomina- tions and of the same interest rate. VOLUME LVI 356 Upon surrender for transfer of any Bond at the prin- cipal corporate trust office of the Bond Registrar in the City of Chicago, Illinois, duly endorsed by, or accompanied by a written instrument or instruments of transfer in form satisfactory to the Bond Registrar and duly executed by, the registered owner or his attorney duly authorized in writing, the City shall execute and the Bond Registrar shall authenticate, date and deliver in the name of the transferee or transferees a new fully registered Bond or Bonds of the same maturity, of authorized denominations, for a like aggregate principal amount and interest rate. The BondRegistrarshall not be required to transfer or exchange any Bond during the period from the 15th day of the month next preceding an interest payment date to such interest payment date or during the period of 15 days preceding the giving of notice of redemption of Bonds or to transfer or exchange any Bond all or a portion of which has been called for redemption. The execution by the City of any fully registered Bond shall constitute full and due authorization of such Bond, and the Bond Registrar shall thereby be authorized to authenticate, date and deliver such Bond; provided, however, the principal amount of Bonds of each maturity authenticated by the Bond Registrar shall not at any one time exceed the authorized principal amount of Bonds for such maturity less the amount of such Bonds which have been paid. -9- 357 VOLUME LVI The person in whose name any Bond shall be registered shall be deemed and regarded as the absolute owner thereof for all purposes, and payment of the principal of or interest on any Bond shall be made only to or upon the order of the registered owner thereof or his legal representative. All suchpayments shall be valid and effectual to satisfy and discharge the liabil- ity upon such Bond to the extent of the sum or sums so paid. No service charge shall be made for any such transfer or exchange of Bonds, but the City or the Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection with any --- such transfer or exchange of Bonds, except that no such payment may be required in the case of the issuance of a Bond or Bonds for the unredeemed portion of a Bond surrendered for redemption. Bonds maturing on or after January 1, 2001 are redeemable prior to maturity thereof at the option of the City, in whole or in part, on January 1, 2000 or on any date thereafter, and if less than all of the outstanding Bonds are to be redeemed at any one time, the Bonds to be called shall be called in any order of their maturity and if less than all of a single maturity is so redeemed then by lot within a maturity in the manner hereinafter provided, the Bonds to be redeemed at the redemption price of par plus accrued interest to the date fixed for redemption. - -10- VOLUME LVI 358 The City shall, at least 45 days prior to the redemp- tion date (unless a shorter time period shall be satisfactory to the Bond Registrar), notify the Bond Registrar of such redemption date and of the principal amount and maturity of the Bonds to be redeemed. For purposes of any redemption of less than all of the outstanding Bonds of a single maturity, and in the event there is more than one registered owner of a given maturity to be redeemed, the particular Bonds or portions of Bonds to be redeemed shall be selected by the Bond Registrar, by lot from the outstanding Bonds of the maturity or maturities selected, by such method as the Bond Registrar shall deem fair and appropriate; provided that such lottery shall provide for the selection for redemption of Bonds or portions thereof so that any $5,000 Bond or $5,000 portion of a Bond shall be as likely to be called for redemption as any other such $5,000 Bond or $5,000 portion. Unless waived by any registered owner of ,Bonds to be redeemed, official notice of the call for any, such redemption shall be given by the Bond Registrar on behalf of the City by mailing the redemption notice by registered or certified mail at least 30 days and not more than 60 days prior to the date fixed for redemption to the registered owner of the Bond or Bonds to be redeemed at the address shown on the Bond Register or at such other address as is furnished in writing by such registered owner to the Bond Registrar. All official notices of redemption shall state: -11- 359 VOLUME LVI (a) the redemption date; (b) the redemption price; (c) the identification of the Bonds to be redeemed, includ- ing (i) the date of issue of the Bonds as originally issued, (ii) the maturity date and interest rate borne by each Bond to be redeemed, (iii) the respective principal amount redeemed of each Bond to be redeemed in part, (iv) the CUS{IP of each Bond to be redeemed, and (v) any other descriptive information needed to identify accurately the Bonds being redeemed; (d) a statement that on the redemption date the redemption price will become due and payable upon each such Bond or portion thereof called for redemption, and that interest thereon shall cease to accrue from and after said date; and (e) the place where such Bonds are to be surrendered for payment of the redemption price, which place of payment shall be at the principal corporate trust office of the Bond Registrar in the City of Chicago, Illinois or at a successor Bond Registrar as may then be acting. Official notice of redemption having been given as aforesaid, the Bonds or portions of Bonds so to be redeemed shall, on the redemption date, become due and payable at the redemption price therein specified, and from and after such date (unless the City shall default in the payment of the redemption price), such Bonds or portions of Bonds shall cease to bear interest. Such notice may be waived in writing by a registered -12- VOLUME LVI 360 owner of a Bond entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice by registered owners shall be filed with the Bond Registrar, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. Upon surrender of such Bonds for redemption in accordance with said notice, such Bonds shall be paid by the Bond Registrar at the redemption price. The procedure for the payment of interest due as part of the redemption price shall be as here- in provided for payment of interest otherwise due. Upon surrender for any partial redemption of any Bond, there shall be prepared for the registered owner a new Bond or Bonds cf like tenor, of authorized denominations, of the same maturity, and bearing the same rate of interest, in the amount of the unpaid principal. If any Bond or portion of Bond called for redemption shall not be so paid upon surrender thereof for redemption, the principal shall, until paid, bear interest from the redemption date at the rate borne by the Bond or portion of Bond so called for redemption. All Bonds which have been redeemed shall be can- celled and destroyed by the Bond Registrar and shall not be reis- sued. Upon the payment of the redemption price of Bonds being redeemed, each check or other transfer of funds issued for such purpose shall bear the CUSIP number identifying, by issue and -13- 361 VOLUME LVI maturity, the Bonds being redeemed with the proceeds of such check or other transfer. B. Global Book -Entry System. The Bonds shall be initially issued in the form of a separate single fully registered Bond for each of the maturities of the Bonds determined as described in Section 4 hereof. Upon initial issuance, the ownership of each such Bond shall be registered in the Bond Register in the name of Kray & Co., or any successor thereto, as nominee of the Midwest Securities Trust Company, Chicago, Illinois, and its successors and assigns ("MSTC"). All of the outstanding Bonds shall be registered in the Bond Register in the name of Kray & Co., as nominee of MSTC, except as hereinafter provided. The Mayor, City Clerk and City Treasurer are each authorized to execute and deliver on behalf of the City such letters to or agreements with MSTC and the Bond Registrar as shall be necessary to effectuate such book -entry system (any such letter or agreement being referred to herein as the "Representation Letter"), which Representation Letter may provide for the payment of principal of or interest on the Bonds by wire transfer. With respect to Bonds registered in the Bond Register in the name of Kray & Co., as nominee of MSTC, the City and the Bond Registrar shall have no responsibility or obligation to any broker -dealer, bank or other financial institution for which MSTC holds Bonds from time to time as securities depository (each such Q[C VOLUME LVI 362 broker -dealer, bank or other financial institution being referred to herein as a "MSTC Participant") or to any person on behalf of whom such a MSTC Participant holds an interest in the Bonds. Without limiting the immediately preceding sentence, the City and the Bond Registrar shall have no responsibility or obligation with respect to (i) the accuracy of the records of MSTC, Kray & Co. or any MSTC Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any MSTC Participant or any other person, other than a registered owner of a Bond as shown in the Bond Register, of any notice with respect to the Bonds, including any notice of redemption, or (iii) the payment to any MSTC Participant or any other person, other than a registered owner of a Bond as shown in the Bond Register, of any amount with respect to the principal of or interest on the Bonds. The City and the Bond Registrar may treat and consider the person in whose name each Bond is registered in the Bond Register as the holder and absolute owner of such Bond for the purpose of payment of principal and interest with respect to such Bond, for the purpose of giving notices of redemption and other matters with respect to such Bond, for the purpose of registering transfers with respect to such Bond, and for all other purposes whatsoever. The Bond Registrar shall pay all principal of and interest on the Bonds only to or upon the order of the respective registered owners of the Bonds, as shown in the Bond Register, or their respective attorneys duly authorized in writing, and all -15- 363 VOLUME LVI such payments shall be valid and effective to fully satisfy and discharge the City's obligations with respect to payment of the principal of and interest on the Bonds to the extent of the sum or sums so paid. No person other than a registered owner of a Bond as shown in the Bond Register shall receive a Bond certificate evidencing the obligation of the City to make payments of principal and interest with respect to any Bond. Upon delivery by MSTC to the Bond Registrar of written notice to the effect that MSTC has determined to substitute a new nominee in place of Kray & Co., and subject to the provisions in Section 5 hereof with respect to the payment of interest to the register- ed owners of Bonds at the close of business on the 15th day of the month next preceding the applicable interest payment date, the name "Kray & Co." in this Ordinance shall refer to such new nominee of MSTC. In the event that (i) the City determines that MSTC is incapable of discharging its responsibilities described herein and in the Representation Letter, (ii) the agreement among the City, the Bond Registrar and MSTC evidenced by the Representation Letter shall be terminated for any reason or (iii) the City determines that it is in the best interests of the beneficial owners of the Bonds that they be able to obtain certificated Bonds, the City shall notify MSTC and MSTC Participants of the availability through MSTC of Bond certificates and the Bonds shall no longer be restricted to being registered in the Bond -16- VOLUME LVI 364 Register in the name of Kray & Co., as nominee of MSTC. At that time, the City may determine that the Bonds shall be registered in the name of and deposited with such other depository operating a universal book -entry system, as may be acceptable to the City, or such depository's agent or designee, and if the City does not select such alternate universal book -entry system, then the Bonds may be registered in whatever name or names the registered owners of Bonds transferring or exchanging Bonds shall designate, in accordance with the provisions of Section 6 hereof. Notwithstanding any other provision of this Ordinance to the contrary, so long as any Bond is registered in the name of Kray & Co., as nominee of MSTC, all payments with respect to principal of and interest on such Bond and all notices with respect to such Bond shall be made and given, respectively, in the manner provided in the Representation Letter. Section 7. Form of Bond The Bonds shall be prepared in compliance with the National Standard Specifications for Fully Registered Municipal Securities prepared by the American National Standards Institute and shall be in substantially the form hereinafter set forth; provided, however, that if the text of the Bond is to be printed in its entirety on the front side of the Bond, then paragraph [21 and the. legend "See Reverse Side for Additional Provisions" shall be omitted and paragraphs [6) through [101 shall be inserted immediately after paragraph [1]: -17- 365 [Form of Bond - Front Side] VOLUME LVI REGISTERED REGISTERED NO. $ UNITED STATES OF AMERICA STATE OF ILLINOIS COUNTIES OF KANE AND COOK CITY OF ELGIN GENERAL OBLIGATION CORPORATE PURPOSE BOND, SERIES 1991 See Reverse Side for Additional Provisions Interest Maturity Dated Rate: $ Date: January 1, Date: June 15, 1991 [CUSIP] Registered Owner: Principal Amount: [1] KNOW ALL PERSONS BY THESE PRESENTS that the City of Elgin, Kane and Cook Counties, Illinois, a municipality and political subdivision of the State of Illinois (the "City"), hereby acknowledges itself to owe and for value received promises to pay to the Registered Owner identified above, or registered assigns as hereinafter provided, on the Maturity Date identified above, the Principal Amount identified above and to pay interest (computed on the basis of a 360-day year of twelve 30-day months) on such Principal Amount from the later of the Dated Date of this Bond identified above or from the most recent interest payment date to which interest has been paid or duly provided for, except as the provisions hereinafter set forth with respect to redemption prior to maturity may be and become applicable, at the Interest Rateper annum identified above, such interest to be payable on January 1 and July 1 of each year, commencing July 1, 1992, until said Principal Amount is paid. The principal of this mom VOLUME LVI 368 [Form of Bond - Reverse Side] City of Elgin, Kane and Cook Counties, Illinois General Obligation Corporate Purpose Bond Series 1991 [6) This bond is one of a series of bonds (the "Bonds") in the aggregate principal amount of $11,560,000 issued by the City for the purpose of paying the costs of a Project and of paying expenses incidental thereto, all as described and defined in the ordinance authorizing the Bonds (the "Ordinance"), pursuant to and in all respects in compliance with the applicable provisions of Section 6 of Article VII of the Constitution of the State of Illinois, with the Procedural Ordinances of the City adopted in the exercise of its home rule powers in issuing bonds without referendum, and with the Ordinance, which has been duly passed by the City Council and published, in all respects as by law required. [7] The Bonds are issued in fully registered form in the denominations of $5,000 or authorized integral multiples thereof. This Bond may be exchanged upon presentation and sur- render for cancellation hereof at the principal corporate trust office of the Bond Registrar in the City of Chicago, Illinois, but only in the manner, subject to the limitations and upon pay- ment of the charges provided in the Ordinance, for a like aggre- gate principal amount of Bonds of the same maturity and interest rate of other authorized denominations. This Bond is transfer- able by the Registered Owner hereof in person or by his attorney duly authorized in writing at the principal corporate trust office of the Bond Registrar in the .City of Chicago, Illinois, but only in the manner, subject to the limitations and upon pay- ment of the charges provided in. the Ordinance, and upon pre- sentation and surrender for cancellation of this Bond. Upon such transfer a new Bond or Bonds of authorized denomination(s) of the same maturity and interest rate and for the same aggregate prin- cipal amount will be issued to the transferee in exchange there- for. [8) Certain of the Bonds are subject to redemption on the terms, in the manner and upon the notice as provided in the Ordinance. [9) The Bond Registrar shall not be required to trans- fer or exchange any Bond during the period from the 15th day of the month next preceding an interest payment date to such inter- est payment date or during the period of 15 days preceding the giving of notice of redemption of Bonds or to transfer or exchange any Bond all or a portion of which as been called for redemption. -21- 369 VOLUME LVI (10) The City, the Bond Registrar and the Paying Agent may deem and treat the Registered Owner hereof as the absolute owner hereof for the purpose of receiving payment of or on account of principal hereof and interest due hereon and for all other purposes, and the City, the Bond Registrar and the Paying Agent shall not be affected by any notice to the contrary. ASSIGNMENT FOR VALUE RECEIVED, the undersigned sells, assigns and transfers unto (Name and Address of Assignee) the within Bond and does hereby irrevocably constitute and appoint as attorney to transfer the said Bond on the books kept for registration thereof with full power of substitution in the pre- mises. Dated: Signature guaranteed: NOTICE: The signature to this transfer and assignment must cor- respond with the name of the Registered Owner as it appears upon the face of the within Bond in every particular, without alteration or enlargement or any change whatever. Section 8. Tax Levy For the purpose of providing funds required to, pay the interest on the Bonds promptly when and as the same falls due, and to pay and discharge the principal thereof at maturity, there is hereby levied upon all of the taxable property within the -22- VOLUME LVI 370 City, in the years for which any of the Bonds are outstanding, a direct annual tax sufficient for that purpose; and there is here- by levied on all of the taxable property in the City, in addition to all other taxes, the following direct annual tax, to -wit: For the Year A Tax Sufficient to Produce the Sum of: 1991 $1,163,901.06 for interest up to and including January 1, 1993 1992 $1,053,60500 for principal and interest 1993 $1,031,105:00 for principal and interest 1994 $1,908,305.00 for principal and interest 1995 $2,417,105.00 for principal and interest 1996 $3,372,305..00 for principal and interest 1997 $ 829,675.00 for principal and interest 1998 $ 798,175.00 for principal and interest 1999 $ 966,175.00 for principal and interest 2000 $ 920,675.00 for principal and interest 2001 $1,075,175.00 for principal and interest 2002 $1,176,675.00 for principal and interest 2003 $ 782,775.00 for principal and interest Interest or principal coming due at any time when there are insufficient funds on hand from the foregoing tax levy to pay the same shall be paid promptly when due from current funds on hand in advance of the collection of said taxes herein levied; and when said taxes shall have been collected, reimbursement shall be made to said funds in the amount so advanced. The City covenants and agrees with the purchasers and registered owners of the Bonds that so long as any of the Bonds remain outstanding, the City will take no action or fail to take any action which in any way would adversely affect the ability of the City to levy and collect the foregoing tax levy. The City and its officers will comply with all present and future applicable laws in order to assure that the foregoing taxes may be levied, extended and collected as provided herein and deposited into the Bond Fund. -23- 371 VOLUME LVI Section 9. Filing with the County Clerks Promptly, as soon as this Ordinance becomes effective, a copy hereof, certified by the City Clerk of the City, shall be filed with the County Clerks of The Counties of Kane and Cook, Illinois; and each of said County Clerks shall in and for each of the years 1991 to 2003, inclusive, ascertain the rate per cent required to produce the aggregate tax hereinbefore provided to be levied in each of said years; and each of said County Clerks shall extend the same for collection on the tax books in con- nection with other taxes levied in said years in and by the City for general corporate purposes of the City and in said years such annual tax shall be levied and collected by and for and on behalf of the City in like manner as taxes for general corporate purposes for said years are levied and collected, and in addition to and in excess of all other taxes. Section 10. Sale of Bonds The Bonds shall be executed as in this Ordinance pro- vided as soon after the passage hereof as may be, shall be de- posited with the City Treasurer, and shall be by the Treasurer delivered to the purchaser thereof, namely, Griffin, Kubik, Stephens & Thompson, Inc., Chicago, Illinois, upon payment of the purchase price agreed upon, the same being not less than $11,444,400 plus accrued interest to date of delivery. The contract for the sale of the Bonds to the purchaser is hereby in all respects ratified, approved and confirmed, it being hereby -24- VOLUME LVI 372 declared that no person holding any office of the City, either by election or appointment, is in any manner interested, either directly or indirectly, in his own name or the name of any other person, association, trust or corporation, in such contract. Section 11. Creation of Funds and Appropriations The proceeds derived from the sale of the Bonds shall be used as follows: A. Accrued interest and premium, if any, on the Bonds shall be and is hereby appropriated for the purpose of pay- ing the first interest due on the Bonds and to such end is hereby ordered to be deposited into the "General Obligation Corporate Purpose Bonds, Series 1991, Bond Fund" (the "Bond Fund"), hereby created, which shall be the fund for the payment of principal of and interest on the Bonds. Taxes received for the payment of the Bonds shall be deposited into the Bond Fund and used solely and only for the purpose of paying the Bonds. Interest received from investments on deposit in the Bond Fund shall be retained therein as a credit against future deposits or transferred to such other fund as the City Council may from time to time determine. B. The balance of the proceeds of the Bonds shall be set aside in a separate fund, hereby created, and designated as the "Project Fund (1991)." Money in said Fund shall be used to pay all costs of the Project and all costs and expenses incidental or allocableor related thereto, including all costs of issuance of the Bonds. Section 12. Not Private Activity Bonds None of the Bonds is a "private activity bond" as de- fined in Section 141(a) of the Code. In support of such con- clusion, the City certifies, represents and covenants as follows: A. None of the proceeds of the Bonds are to be used, directly or indirectly, in any trade or business carried on by any person other than a state or local governmental unit. B. No direct or indirect payments are to be made on any Bond with respect to any private business use by any person other than a state or local governmental unit. -25- 373 VOLUME LVI C. None of the proceeds of the Bonds are to be used, directly or indirectly, to make or finance loans to persons other than a state or local governmental unit. D. No user of the Project other than the City will use the same on any basis other than the same basis as the general public; and no person will be a user of the Project as a result of (i) ownership or (ii) actual or beneficial use pursuant to a lease, a management or incentive payment contract, or (iii) any other arrangement. Section 13. General. Arbitrage Covenants The City represents and certifies as follows with re- spect to the Bonds: A. The City has heretofore incurred, or within six months after delivery of the Bonds expects to incur, substantial binding obligations with respect to the Project to be paid for with moneys received from the sale of the Bonds, said binding obligations comprising binding contracts for the Project in not less than the amount of $100,000. B. All of the proceeds of the Bonds, and investment earnings thereon, will be expended on or before June 15, 1994 for the purpose of paying the costs of the Project, including expenses incidental thereto, said date being within three years following the date of issue of the Bonds. C. Work on the Project is expected to proceed with due diligence to completion. D. No acquisition or improvement made as a part of the Project has been or is expected to be sold or otherwise disposed �1 of in whole or in material. part prior to the last maturity of the -26- VOLUME LVI 374 Bonds. "Material part" means (i).land, or (ii) any improvement, or (iii) personal property or fixtures in excess of that which is expected to be sold, traded in or discarded upon wearing out or becoming obsolete. E. The City will receive $11,444,400 plus accrued interest from the sale of the Bonds. Accrued interest and premium, if any, on the Bonds is to be deposited into the Bond Fund and used to pay first interest coming due on the Bonds. F. Except for the Bond Fund, the City has not created or established and will not create or establish any sinking fund, reserve fund or any other similar fund to provide for the payment - of the Bonds. The Bond Fund has been established and will be funded in a manner primarily to achieve a proper matching of tax revenues and debt service, and will be depleted at least annually to an amount not in excess of 1/12 the particular annual debt service on the Bonds. Money deposited in the Bond Fund will be spent within a 13-month period beginning on the date of deposit, and investment earnings in the Bond Fund will be spent or with- drawn from the Bond Fund within a one-year period beginning on the date of receipt. G. The foregoing statements of expectation are based upon the following facts and estimates: (1) Amounts shown as received will be. received pur- suant to contract of sale. (2) Amounts paid or to be paid into various funds and accounts have been directed to be paid into said funds and accounts by authority hereof or are expected to be so di- rected to be paid by further proceedings. -27- 375 VOLUME LVI (3) The anticipated dates of the obligation of and expenditure of money in the Project Fund (1991) derived from the sale of Bonds and the amounts to be spent on or before such dates is based upon consultation with the architects, engineers and administrative staff of the City charged with responsible supervision of the Corporate Purpose Project. H. If at any time after the third anniversary of the date of issuance of the Bonds, the amount of money in the Project Fund (1991) exceeds $100,000, the amount of money then in the Project Fund (1991) in excess of said sum of $100,000 shall not be invested at a yield "materially higher" (as defined in the Treasury Regulations hereinafter cited) than the yield on the Bonds. I. In valuing the moneys on deposit in the Project Fund (1991) at any time for the purposes of complying with the foregoing paragraph, investments will be taken into account at purchase price with the following exception: if an investment is purchased at a discount or results in interest payments for any annual period in excess of interest payments for any preceding annual period (reflecting the annual reinvestment of accrued interest as principal), the amount of such discount or excess interest (not discounted to present value) shall be added to the purchase price ratably each year over the term of the investment. The yield on investments shall be calculated on the basis of the actual payments received from and the price paid for such investments. VOLUME LVI 376 J. To the best of the knowledge and belief of the City Council, and of the undersigned Mayor and City Clerk who are officers charged with the responsibility of issuing the Bonds, there are no facts, estimates or circumstances that would materially change the conclusions and representations set out in this Section, and the expectations set out in this Section are reasonable. K. The City has not been notified of any disquali- fication or proposed disqualification of it by the Commissioner of the Internal Revenue Service as a bond issuer which may certify bond issues under Treas. Reg. §1.103-13 (a)(2)(ii) (1979). The City also certifies and further covenants with the purchasers and registered owners of the Bonds from time to time outstanding that moneys on deposit in any fund or account in connection with the Bonds, whether or not such moneys were de- rived from the proceeds of the sale of the Bonds or from any other source, will not be used in a manner which will cause the Bonds to be "arbitrage bonds" within the meaning of the Code Section 148 and any lawful regulations promulgated thereunder, including Treas. Reg. 5§1.103-13, 1.103-•14 and 1.103-15 (1979) as the same presently exist or may from time to time hereafter be amended, supplemented or revised. The City reserves the right to use or invest moneys in connection with the Bonds in any manner, notwithstanding the covenants herein, provided it shall first -29- 377 VOLUME LVI have received an opinion from an attorney or a firm of attorneys of nationally recognized standing in matters pertaining to Tax- exempt bonds to the effect that use or investment of such moneys as contemplated will not result in loss of Tax-exempt status for the Bonds. Section 14. Further Tax Covenants The City agrees to comply with all provisions of the Code which, if not complied with by the City, would cause the Bonds not to be Tax-exempt. In furtherance of the foregoing provisions, but without limiting their generality, the City agrees: (a) through its officers to make such further .specific covenants, representations as shall be truthful, and assurances as may be necessary or advisable; (b) to comply with all repre- sentations, covenants and assurances contained in certificates or agreements as may be prepared by counsel approving the Bonds; (c) to consult with such counsel and to comply with such advice as may be given; (d) to pay to the United States, if necessary, such sums of money representing required rebates of excess arbitrage profits relating to the Bonds; (e) to file such forms, statements and supporting documents as may be required and in a timely manner; and (f) if deemed necessary or advisable by its officers, to employ and pay fiscal agents, financial advisors, attorneys and other persons to assist the City in such compliance. -30- VOLUME LVI NWK Section 15. Registered Form The City recognizes that Section 149 of the Code re- quires the Bonds to be issued and to remain in fully registered form in order to be and remain Tax-exempt. In this connection, the City agrees that it will not take any action to permit the Bonds to be issued in, or converted into, bearer or coupon form. Section 16. Rights and 'Duties of Bond Registrar If requested by the Bond Registrar and Paying Agent, any officer of the City is authorized to execute the Bond Regis- trar and Paying Agent's standard form of agreement between the City and the Bond Registrar and Paying Agent with respect to the obligations and duties of the Bond Registrar and Paying Agent hereunder. In addition to the terms of such agreement and sub- ject to modification thereby, the Bond Registrar and Paying Agent by its acceptance of duties hereunder agrees as follows: A. to act as bond registrar, paying agent, authenti- cating agent, and transfer agent as provided herein; B. to maintain a list of Bondholders as set forth herein and to furnish such list to the City upon request, but otherwise to keep such list confidential to the extent permitted by law; C. to give notice of redemption of Bonds as provided herein; D. to cancel and/or destroy Bonds which have been paid at maturity or upon earlier redemption or submitted for exchange or transfer; E. to furnish the City at least annually a certificate with respect to Bonds cancelled and/or destroyed; and F. to furnish the City at least annually an audit confirmation of Bonds paid, Bonds outstanding and payments made with respect to interest on the Bonds. -31- 379 VOLUME LVI The City Clerk of the City is hereby directed to file a certified copy of this Ordinance with the Bond Registrar and the Paying Agent. Section 17. Publication of Ordinance That a full, true and complete copy of this ordinance be published within ten days after passage in the Daily Courier - News, being a newspaper published in and of general circulation within the City. Section 18. Approval of Official Statement The use of the Official Statement by Speer Financial, Inc., Chicago, Illinois in connection with the sale of the Bonds is hereby ratified. The form, terms and provisions of the Official State- ment be, and it hereby is, in all respects approved, and that the Mayor and the Director of Finance of the City be, and they hereby are, authorized, empowered and directed to execute, acknowledge and deliver the Official Statement in the name and on behalf of the City; and that from and after the execution and delivery of the Official Statement, the officers, agent and employees of the City are hereby authorized, empowered and directed to do all such acts and things and to execute all such documents as may be necessary to carry out and comply with the provisions of the Official Statement as executed, and any addenda, supplement, or amendment thereto, are hereby approved, and the further use thereof in connection with any reoffering of the Bonds is hereby authorized. -32- VOLUME LVI ME Section 19. Superseder and Effective Date All ordinances, resolutions and orders, or parts there- of, in conflict herewith, are to the extent of such conflict hereby superseded; and this ordinance shall be in full force and effect immediately upon its passage, approval and publication. AYES: Councilmembers Gilliam. Moylan. Walters. Yearman, and Mayor VanDeVoorde NAYS: ABSENT: _Councilmembers Fox and Ponple ADOPTED: June 26, 1991 APPROVED: June 26 , 1991 s/ George VanDeVoorde Mayor, City of Elgin Kane and Cook Counties, Illinois Recorded In City Records: June 27, 1991. Published in the Daily Courier -News by authority of the City Council on , 1991. Attest: s1 Dolonna Mecum City Clerk, City of Elgin Kane and Cook Counties, Illinois -33- VOLUME LVI AUTHORIZATION OF PAYMENT TO VARIOUS VENDORS U.S. Post Office $ 6,763.30 Mailing cost for Elgin, IL Recreation Division brochure and "Elgin Spirit" Children's Theatre $ 5,570.90 City's portion for of Elgin production of "Cinderella" Elgin Classic Little $10,000.00 City's maximum League and Fox contribution toward Valley Fence Co.. fencing improvements to South Elgin, IL Classic Little League complex Metropolitan Pump Co. $ 6,899.00 Emergency repairs to Lemont, IL booster pump at Spartan Meadows Golf Course Kohler & Sons $36,604.00 Final payment for Elgin, IL renovation of old Fire apparatus area for Police Department use l Councilman Gilliam made a motion, seconded by Councilman Walters, to approve the above payments. Yeas: Councilmembers Gilliam, Moylan, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. [D Councilman Walters made a motion, seconded by Councilwoman Yearman, to adopt the aforementioned resolution. Yeas: Councilmembers Gilliam, Moylan, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. VOLUME LVI STATE OF ILLINOIS/IDOC OSLAD/LWCF PROJECT APPLICATION 382 DOC-3 RESOLUTION OF AUTHORIZATION 1. Project Sponsor: 2. Project Title: The City of Elgin hereby signifies that it has 100% of the funds (local project sponsor) necessary to complete the pending OSLAD/LWCF project within the timeline for project administration imposed by the Illinois Department of Conservation (IDOC). (100'% funding includes cash and value of donated land.) Failure to adhere to the timeline or withdrawal of the project because of insufficient funds will be cause for termination of the project and result in the ineligibility of the local project sponsor to submit an OSLAD/LWCF application for the next two (2) consecutive grant cycles. Acquisition Projects I am aware that I have eight (8) months following project approval to acquire the subject property (condemnation cases: petition filed) and ten (10) months to submit a final reimbursement billing request to IDOL (excluding condemnation cases). Failure to meet this timeline will be cause for project termination by IDOC. Development Projects I am aware that I have six (6) months following project approval to initiate project development and 18 months to complete said development with a Final Billing request submitted to IDOC within one (1) month following completion. Failure to meet this timeline will be cause for project termination by IDOC. BE IT FURTHER PROVIDED that the City of Elgin will comply with 1) (local project sponsor) the Land & Water Conservation Fund Act of 1965 (P.L. 88-578), 2) the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91- 646), 3) Title VI of the Civil Rights Act of 1964, (P.L. 83-352), Section 504 of the Rehabilitation Act of 1973 (P.L. 93-112), as amended, and the Age Discrimination Act of 1975 ,(P.L. 94-135) and 17 IL Adm. Code 3025, and 4) all applicable State and Federal regulations; and will maintain the project area in an attractive and safe conditions, keep the facilities open'to the general public during reasonable hours consistent with the type of facility, and obtain from IDOC written approval for any change or conversion of planned outdoor recreation use of the project site prior to initiating the usage change or conversion. BE IT FURTHER PROVIDED that the City of Elgin certifies the data (local project sponsor) provided within the attached OSLAD/LWCF application is true and correct to the best of the applicant's knowledge. Adopted this 26th day of I u n P. 19q I. I hereby certify the foregoing resolution was duly adopted by the Elgin (`i ty Counni i at a legal meeting held on the 26th day (local project sponsor) of June 1991 . ATTESTED BY: Authorized Signature /S/ George VanDeynarda /s/ Dolonna Mecum City Clerk Title: Mayor 383 JUNE 26, 1991 VOLUME LVI ION OF A FAC Councilwoman Moylan made a motion, seconded by Councilman Walters, to adopt the aforementioned resolution. Yeas: Councilmembers Gilliam, Moylan, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. RESOLUTION AUTHORIZING EXECUTION OF A FACADE IMPROVEMENT PROGRAM AGREEMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Larry L. Rice, City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute a facade improvement program agreement on behalf of the City of Elgin with Jack Reuter and Dorothy Reuter for the property commonly known as 163, 165 and 167 East Chicago Street, a copy of which is attached hereto, -and made a part hereof by reference. sl George VanDeVoorde George VanDeVoorde, Mayor Presented: June 26, 1991 Adopted: June 26, 1991 Vote: Yeas 5 Nays 0 Recorded: Attest: sl Dolonna Mecum Dolonna Mecum, City Clerk Councilwoman Yearman made a motion, seconded by Councilwoman Moylan, to pass the aforementioned ordinance. Yeas: Councilmembers Gilliam, Moylan, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. VOLUME LVI JUNE 26, 1991 384 Ordinance No. G36-91 AN ORDINANCE RECLASSIFYING PROPERTY AT 417 WEST HIGHLAND AVENUE WHEREAS, written application has been made to reclassify certain property located at 417 West Highland Avenue from B-3 Service Business District to R-4 General Residence 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 1. That Chapter 19.08, Section 19.08.020 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 hereinafter laid out in the 'Zoning District Map', as amended, be and are hereby altered by excluding from the B-3 Service Business District and including in the R--4 General Residence District, the following described property: That part of Lots 1 and 2 in Block 45 of the original town (now city) of Elgin, in Kane County, Illinois, on the west side of Fox River as laid out by William C. Kimball, bounded and described by commencing at the Northeast corner of said Lot 1; thence southeasterly along the East side of said Lots 1 and 2 to the Southeast corner of said Lot 2; thence southwesterly along the South line of said Lot 2, 66 feet; thence northwesterly parallel with the easterly line of said Lots 1 and 2 to the northerly line of said Lot 1; thence East along the northerly line of said Lot 1 to the place of beginning; subject to and including an easement over a strip of land 4 feet wide off from the easterly side of the above described premises to be used as a driveway in common with a strip of land 4 feet wide off the westerly side of Lot 15 in said Block 45; and also an easement over a strip of land 8 feet wide across the southerly side of said Lot 15 is also used as a driveway, all for the joint use and benefit of the owners and occupants of said Lot 15 and the premises above described, and that said easements for driveway purposes shall be construed 385 JUNE 26, 1991 VOLUME LVI as a covenant running with the land. Also, Lot 3 (except the westerly 66 feet of even width) in Block 45 of the original town of Elgin, on the West side of Fox River, in the City of Elgin, Kane County, Illinois, as per plat thereof by William C. Kimball now on record in the Recorder's Office of said Kane County, all 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. sl George VanDeVoorde George VanDeVoorde, Mayor Presented: June 26, 1991 Passed: June 26, 1991 Vote: Yeas 5 Nays 0 Recorded: Attest: S1 Dolonna Mecum Dolonna Mecum, City Clerk Councilwoman Yearman made a motion, seconded by Councilwoman Moylan, to pass the aforementioned ordinance. Yeas: Councilmembers Gilliam, Moylan, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Ordinance No. G37-91 AN ORDINANCE GRANTING A SPECIAL USE FOR A PLANNED UNIT DEVELOPMENT (820 Dundee Avenue) WHEREAS, written application has been made for a special use for the establishment, maintenance and operation of a planned unit development at 820 Dundee Avenue; 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. VOLUME LVI JUNE 26, 1991 386 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 planned unit development at 820 Dundee Avenue, Elgin, Illinois, legally described as follows: Lot 9 in Block 9 of Grandview Addition to Elgin, in the City of Elgin, Kane County, Illinois. be and is hereby granted subject to the following conditions: 1. The residential use of the subject property shall be limited to one dwelling unit on the second floor of the existing structure, with first floor use limited to enclosed parking accessory to the second floor residence and/or permitted uses in the underlying zoning classification. 2. Second floor occupancy shall be limited to a minimum 350 square feet of gross floor area per person residing in the dwelling unit. 3. Eliminate the two southerly points of access to Dundee Avenue prior to issuance, of a final occupancy permit. 4. Community graphics shall be limited to one freestanding sign and signs permitted in windows or on awnings. The freestanding sign shall be a maximum eight feet in height and 15 square feet in area, and setback a minimum of 15 feet from any public right of way. 5. Compliance with Elgin Municipal Code Title 17, Development Impact Fees. 6. Conformance with the site plan labeled Exhibit E contained in the Land Use Review dated April 30, 1991. 7. Compliance with all other applicable codes and ordinances. Section 3. That the special use granted herein shall expire if not established within one year from the date of passage of this ordinance. 387 JUNE 26, 1991 VOLUME LVI Section 4. That this ordinance shall be in full force and effect after its passage in the manner provided by law. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: June 26, 1991 Passed: June 26, 1991 Vote: Yeas 5 Nays 0 Recorded: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk PLAT 56-91) Councilwoman Yearman made a motion, seconded by Councilwoman Moylan, to adopt the aforementioned resolution. Yeas: Councilmembers Gilliam, Moylan, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. RESOLUTION APPROVING FINAL PLAT FOR OAK GROVE SUBDIVISION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby approves the final plat prepared by Alan J. Coulson, P.C. dated February 20, 1991 and revised February 22, 1991 and June 3, 1991 for Oak Grove Subdivision. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: June 26, 1991 Adopted: June 26, 1991 Vote: Yeas 5 Nays 0 Recorded: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk VOLUME LVI JUNE 26, 1991 388 I%I DI.1011ACPO z rem 00:4VAOKSV4VID1UdK9)A Councilwoman Yearman made -a motion, seconded by Councilwoman Moylan, to pass the aforementioned ordinance. Yeas: Councilmembers Gilliam, Moylan, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Ordinance No. G38-91 AN ORDINANCE AMENDING CHAPTER 6.06 ENTITLED "ALCOHOLIC LIQUOR DEALERS" OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, PERTAINING TO MINORS WHEREAS, the City of Elgin is an Illinois municipal corporation and a home rule unit pursuant to the Constitution and laws of the State of Illinois; and WHEREAS, a home rule unit may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, the regulation of the sale of alcoholic liquor is a matter pertaining to the government and affairs of the City of Elgin. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 6.06.137 of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended to read as follows: 6.06.137 Age of Persons Employed A. No licensee shall employ, with or without compensation, any person under the age of 18 years for the purpose of dispensing, drawing, pouring, selling, or mixing of alcoholic liquor. B. No person under the age of 18 years shall dispense, draw, pour, mix or sell alcoholic liquor. C. No licensee shall employ with or without compensation any person under the age of 21 years for the purpose of pouring, mixing or drawing of alcoholic liquor. D. No person under the age of 21 years shall pour, mix or draw alcoholic liquor. ME JUNE 26, 1991 VOLUME LVI e Section 2. That Section 6.06.140(0) of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended to read as follows: O. Permit any person who has not attained the age of 21 years to remain on the premises of a Class A licensee. This subsection shall not apply to: 1. Persons 18 years of age or older, when such person is on the premises pursuant to employment; or 2. Persons accompanied by his or her parent, legal guardian or spouse; or 3. Food service establishments, except in areas segregated and designated principally for the sale or consumption of alcoholic liquor; or 4. Bowling alleys, except in areas segregated and designated principally for the sale or consumption of alcoholic liquor. Section 3. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 4. That this ordinance shall be in full force and effect ten days after its passage and publication in pamphlet form in the manner provided by law. sl George VanDeVoorde George VanDeVoorde, Mayor Presented: June 26, 1991 Passed: June 26, 1991 Vote: Yeas 5 Nays 0 Recorded: Attest: sl Dolonna Mecum Dolonna Mecum, City Clerk VOLUME LVI JUNE 26, 1991 390 Councilwoman Yearman made a motion, seconded by Councilwoman Moylan, to adopt the aforementioned resolution. Yeas: Councilmembers Gilliam, Moylan, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. RESOLUTION APPROVING CHANGE ORDER NO. 1 IN THE CONTRACT WITH SINNETT BUILDERS, INC. FOR ENGINEERING OFFICE IMPROVEMENT WHEREAS, the City of Elgin has heretofore entered into a contract with Sinnett Builders, Inc. for engineering office improvement; and WHEREAS, it is necessary and desirable to modify the terms of the contract as is described in Change Order No. 1, attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Larry L. Rice, City Manager, be and is hereby authorized and directed to execute Change Order No. 1, a copy of which is attached hereto and made a part hereof by reference. sl George VanDeVoorde George VanDeVoorde, Mayor Presented: June 26, 1991 Adopted: June 26, 1991 Vote: Yeas 5 Nays 0 Recorded: Attest: sl Dolonna Mecum Dolonna Mecum, City Clerk Councilwoman Yearman made a motion, seconded by Councilwoman Moylan, to adopt the aforementioned resolution. Yeas: Councilmembers Gilliam, Moylan, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. 391 JUNE 26, 1991 VOLUME LVI RESOLUTION AUTHORIZING EXECUTION OF AN ENGINEERING SERVICES AGREEMENT WITH CLARK DIETZ, INC. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Larry L. Rice, City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute an engineering services agreement on behalf of the City of Elgin with Clark Dietz, Inc. for the Big Timber and Randall Road interceptor sewers, a copy of which is attached hereto and made a part hereof by reference. sl George VanDeVoorde George VanDeVoorde, Mayor Presented: June 26, 1991 Adopted: June 26, 1991 Vote: Yeas 5 Nays 0 Recorded: Attest: sl Dolonna Mecum Dolonna Mecum, City Clerk Councilwoman Yearman made a motion, seconded by Councilwoman Moylan, to adopt the aforementioned resolution. Yeas: Councilmembers Gilliam, Moylan, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. RESOLUTION ACCEPTING THE LETTER OF ENGAGEMENT OF COLEMAN LAND COMPANY FOR APPRAISAL SERVICES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Larry L. Rice, City Manager, be and is hereby authorized and directed to accept the letter of engagement on behalf of the City of Elgin of Coleman Land Company for the appraisal of five easements, a copy of which is attached hereto and made a part hereof by reference. sl George VanDeVoorde George VanDeVoorde, Mayor VOLUME LVI JUNE 26, 1991 392 Presented: June 26, 1991 Adopted: June 26, 1991 Vote: Yeas 5 Nays 0 Recorded: Attest: sl Dolonna Mecum Dolonna Mecum, City Clerk Councilwoman Yearman made a motion, seconded by Councilwoman Moylan, to adopt the aforementioned resolution. Yeas: Councilmembers Gilliam, Moylan, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. RESOLUTION ACCEPTING THE PROPOSAL OF MARTIN ASSOCIATES FOR LANDSCAPE ARCHITECTURAL SERVICES BE IT RESOLVED BY THE ILLINOIS, that Larry L. Ric authorized and directed to the City of Elgin of Martin architectural services for copy of which is attached h reference. Presented: June 26, 1991 Adopted: June 26, 1991 Vote: Yeas 5 Nays 0 Recorded: Attest: sl Dolonna Mecum Dolonna Mecum, City Clerk CITY COUNCIL OF THE CITY OF ELGIN, e, City Manager, be and is hereby accept the proposal on behalf of Associates for landscape the Center City Gateway Parks, a ereto and made a part hereof by sl George VanDeVoorde George VanDeVoorde, Mayor 393 JUNE 26, 1991 VOLUME LVI RESOLUTION ADOPTED RATIFYING AND AUTHORIZING EXECUTION OF NGREEMENT WITH THE CLERICAL/TECHNICAL EMPLOYEE GROUP Councilwoman Yearman made a motion, seconded by Councilwoman Moylan, to adopt the aforementioned resolution. Yeas: Councilmembers Gilliam, Moylan, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. RESOLUTION RATIFYING AND AUTHORIZING EXECUTION OF AGREEMENT WITH THE CLERICAL/TECHNICAL EMPLOYEE GROUP WHEREAS, representatives of the City of Elgin and representatives of the Clerical/Technical Employee Group have met and discussed wages, fringe benefits and other working conditions; and WHEREAS, said representatives have submitted for review and approval by the City Council an agreement pertaining to such matters; and WHEREAS, the City Council has reviewed said agreement and finds that it is fair and equitable for the City of Elgin and employees covered by it. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby ratifies and approves the proposed agreement between the City of Elgin and the Clerical/Technical Employee Group, a copy of which is attached hereto and made a part hereof by reference. BE IT FURTHER RESOLVED that Larry L. Rice, City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute said agreement on behalf of the City of Elgin. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: June 26, 1991 Adopted: June 26, 1991 Vote: Yeas 5 Nays 0 Recorded: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk VOLUME LVI JUNE 26, 1991 394 REPORTS RECEIVED AND ORDERED PLACED ON FILE Committee of the Whole Minutes for June 12, 1991 Minutes of Special Committee of the Whole Joint Meeting with the Center City Redevelopment Committee for June 5, 1991 Land Use Committee Minutes for June 3, 1991 Planning Committee Minutes for June 5, 1991 Special Meeting Planning Committee Minutes for June 12, 1991 Special Meeting Greater Downtown Elgin Commission Minutes for March 7, 1991 Greater Downtown Elgin Commission Minutes for May 2, 1991 Heritage Commission Minutes for May 13, 1991 Elgin Image Advisory Commission Minutes for March 25, 1991 Building Permit Report for May 1991 Work Management System Report for May 1991 Sales Tax Report for March 1991 May Disbursement Report Councilman Gilliam made a motion, seconded by Councilman Walters, to place the above reports on file as published. Yeas: Councilmembers Gilliam, Moylan, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. ANNOUNCEMENTS Mayor VanDeVoorde made announcements regarding forthcoming meetings. ADJOURNMENT Councilman Gilliam made a motion, seconded by Councilman Walters, to adjourn the Council meeting and return to the Committee of the Whole Meeting. Yeas: Councilmembers Gilliam, Moylan, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Meeting adjourned at 8:22 p.m. Mecum, City