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HomeMy WebLinkAbout91-8VOLUME LVI AUGUST 14, 1991 442 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 August 14, 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 Paul 'Rouse, and the Pledge of Allegiance was led by Councilwoman Moylan. ROLL CALL Roll call was answered by Councilmembers Fox, Gilliam, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Absent: None. Councilman Walters made a motion, seconded by Councilwoman Popple, to approve the July 24, 1991, Council Minutes as published. Yeast Councilmembers Fox, Gilliam, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. COMMUNICATIONS RECOGNITION OF EXPLORER SCOUTS Recognition of the Explorer Scouts will take place at the August 28, 1991, Council meeting.. Councilwoman Popple made a motion, seconded by Councilwoman Yearman, to adopt the aforementioned resolution. Yeas: Councilmembers Fox, Gilliam, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. RESOLUTION EXPRESSING APPRECIATION AND COMMENDATION TO PARTICIPANTS IN THE TARGET STRATEGY AREA BEAUTIFICATION PROJECT WHEREAS, the City of Elgin has undertaken to clean up and beautify various areas of the city; and WHEREAS, there was developed the Target Strategy Area Beautification Project which sought to clean up and beautify certain portions of the central Elgin neighborhood; and WHEREAS, the Project included such tasks as brush removal, clearing of debris, assisting Neighborhood Housing 443 AUGUST 14, 1991 VOLUME LVI Services with clean-up efforts and clean-up of the downtown area; and WHEREAS, this Project was performed by eight area youths, ages 14 to 20, in cooperation with KDK and supervised by Sallie Burns. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby expresses its appreciation and commendation to Sallie Burns, and the following persons whose efforts on the Target Strategy Area Beautification Project have improved and beautified the City of Elgin: Deforest Clark Tyran Copeland Andre Dodd Sheila Drake Cedrick Sanders Terron Tomlin Tyrell Tomlin James Turner BE IT FURTHER RESOLVED that the people of the City of Elgin are grateful for the efforts of these persons in improving the neighborhoods of the City of Elgin. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: August 14, 1991 Adopted: August 14, 1991 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk Councilwoman Popple made a motion, seconded by Councilman Fox, to adopt the aforementioned resolution. Yeas: Councilmembers Fox, Gilliam, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. VOLUME LVI AUGUST 14, 1991 444 RESOLUTION EXPRESSING APPRECIATION AND COMMENDATION TO PARTICIPANTS IN THE KDK SUMMER YOUTH EMPLOYMENT AND TRAINING PROGRAM WHEREAS, the City of Elgin has undertaken to provide a summer work site; and WHEREAS, the City of Elgin provided opportunities for youths, ages 16 to 21, to gain work experience and prepare them by acquainting them with different occupations and careers; and WHEREAS, this employment program was performed by eleven youths in cooperation with KDK and the Human Resources Department, and supervised by key administrative department personnel. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby expresses its appreciation and commendation to Denise Bell, Robert Call, Richard Hoke, Dan McCollum, Henry Smith and Mike Turner and the following persons whose efforts in this summer youth employment and training program have assisted youths in preparing for career opportunities: Eliza Adams Elvin Adams Jeforest Clark Juanita Espinoza Leondray Gooden Marvin Miller BE IT FURTHER RESOLVED Elgin are grateful to these service and appreciate their career goals. Presented: August 14, 1991 Adopted: August 14, 1991 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk Marcia Riley Ebony Sanders Kendrick Sanders Randee 5iver Jose Vargas that the people individuals for willingness to of the City of their community enhance their s/ George VanDeVoorde George VanDeVoorde, Mayor 445 AUGUST 14, 1991 VOLUME LVI 'R Councilwoman Popple made a motion, seconded by Councilman Fox, to adopt the aforementioned resolution. Yeas: Councilmembers Fox, Gilliam, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. RESOLUTION EXPRESSING APPRECIATION AND COMMENDATION TO RON LYLE, TERRY FLOSS, CHARLES STROCK, AND HERBERT AND LYNN SCHWARTZ WHEREAS, the City of Elgin has undertaken to clean up and beautify various areas of the City; and WHEREAS, there was developed the Target Strategy Area Beautification Project which sought to clean up and beautify, certain portions of the central Elgin neighborhood; and WHEREAS, the Project included such tasks as brush removal, clearing of debris, assisting Neighborhood Housing Services with clean-up efforts and clean-up of the downtown area; and WHEREAS, support for this Project was provided by members of the business community who also share our concern for improving and beautifying the City of Elgin. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it expresses its appreciation and commendation to Ron Lyle of Imperial Catering, Inc., Terry Flosi of Muller Pinehurst Ice Company, Charles Strock of Dudley's Inc., and Herbert and Lynn Schwartz of Herb's Bakery for their contributions to the success of this Project. BE IT FURTHER RESOLVED that the people of the City of Elgin area grateful for the efforts of these persons in improving the neighborhoods of the City of Elgin. sl George VanDeVoorde George VanDeVoorde, Mayor Presented: August 14, 1991 Adopted: August 14, 1991 Vote: Yeas 7 Nays 0 Recorded: Attest: sl Dolonna Mecum Dolonna Mecum, City Clerk VOLUME LVI AUGUST 14, 1991 446 SPECIAL PRESENTATION TO SALLIE BURNS Denise Bell, of the Human Resources Department, made a special presentation to Sallie Burns, of the Bureau of Inspection Services in recognition of her enthusiasm and dedication to the City's involvement in the KDK Summer Youth Program, Sallie has been instrumental in initiating and administering this program which has benefited the City and the many young people involved over the years. BID AWARDED FOR LORD'S PARK PAVILION RENOVATION Councilwoman Moylan made a motion, seconded by Councilwoman Popple, to approve the architects' recommendations regarding alternates and to award this contract to the overall low bidder, Elgin Builders Inc., for a total of $845,503.00. Yeas: Councilmembers Fox, Gilliam, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. BID AWARDED FOR POLICE CLOTHING CLEANING Councilman Fox made a motion, seconded by Councilman Walters, to award this contract to Marberry-Illinois Cleaners for a projected amount of $40,770.O0 in 1992. Yeas: Councilmembers Fox„ Gilliam, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. BID AWARDED FOR COPPER TUBING Councilman Walters made a motion, seconded by Councilwoman Yearman, to to award this contract to the lowest, responsive bidder, Milwaukee Lead Works, for $5,772.50. Yeas: Councilmembers Fox, Gilliam, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. BID AWARDED FOR DIVISION/HILL RESURFACING Councilwoman Popple made a motion, seconded by Councilman Walters, to award this contract to the low bidder, B. Scavelli, Inc., in the amount of $819,545.00. Yeas: Councilmembers Fox, Gilliam, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. BID AWARDED FOR MILL/McCLURE RESURFACING Councilman Walters made a motion, seconded by Councilwoman Popple, to award this contract to the low, responsive bidder, Tri-Construction Co., in the amount of $559,241.65. Yeas: Councilmembers Fox, Gilliam, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. 447 AUGUST 14, 1991 VOLUME LVI BID AWARDED FOR MORGAN/ADAMS RESURFACING Councilwoman Yearman made a motion, seconded by Councilman Walters, to award this contract to Tri-On Construction Co. in the amount of $558,802.63. Yeas: Councilmembers Fox, Gilliam, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. BID AWARDED FOR BITUMINOUS PATCHING MATERIALS Councilwoman Popple made a motion, seconded by Councilman Fox, to award this contract to Central Blacktop Co., Inc. Yeas: Councilmembers Fox, Gilliam, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Councilwoman Yearman made a motion, seconded by Councilwoman Popple, to remove the aforementioned matter from the table. Yeas: Councilmembers Fox, Gilliam, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Councilwoman Yearman made a motion, seconded by Councilwoman Moylan, to pass the aforementioned ordinance as presented. Yeas: Councilmembers Moylan, Yearman, and Mayor VanDeVoorde. Nays: Councilmembers Fox, Gilliam, Popple, and Walters. Motion failed. Councilman Walters made a motion, seconded by Councilman Gilliam, to permit the sale of alcoholic liquor after 9 a.m. on Sunday, excluding package liquor sales. Yeas: Councilmembers Fox, Gilliam, Moylan, Walters, and Yearman. Nays: Councilwoman Popple and Mayor VanDeVoorde. Motion Passed. Ordinance No. G48-91 Amended AN ORDINANCE AMENDING CHAPTER 6.06 ENTITLED "ALCOHOLIC LIQUOR DEALERS" OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, AMENDING SERVICE HOURS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Title 6.06 Dealers" of the Elgin Municipal and is hereby further amended b read as follows: 6.06.117 Service hours. y entitled "Alcoholic Liquor Code, 1976, as amended, be adding Section 6.06.117 to VOLUME LVI AUGUST 14, 1991 448 A. A licensee holding a Class A, AA, C, D, w- E, F, G, H, I, J and K license may sell or permit to be sold for consumption only on the licensed premises alcoholic liquors only between the following hours: Monday through Thursday .... 6:00 a.m. until 1:00 a.m. the following day Friday and Saturday ........ 6:00 a.m. until 2:00 a.m. the following day Sunday.....................9:00 a.m. until 1:00 a.m. the following day New Year's Eve ........... 3:00 a.m. the following day B. A licensee holding a Class AA or B license may sell or permit to be sold packaged alcoholic liquors not for consumption on the premises only between the following hours: Monday through Thursday .... 6:00 a.m. until 1:00 a.m. the following day Friday and Saturday ........ 6:00 a.m. until 2:00 a.m. the following day Sunday....................12:00 noon until 1:00 a.m. the following day New Year's Eve ........... 3:00 a.m. the following day C. Hours of sales may be expanded by the local liquor control commission for three hours as provided by Section 6.06.140B. Section 2. That Title 6.06 entitled "Alcoholic Liquor Dealers" of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by amending Section 6.06.140B to read as follows: B. Sell alcoholic liquor at any time other than during the service hours established by ordinance. Expressly provided, however, that the hours of sale may be expanded by the liquor control commission for a period not to exceed three hours, except on January 1st, upon written application of any holder of a license who desires to engage in the sale of alcoholic liquor to members of a state or national convention organization in an area of the licensed premises closed to the general public. Applicants for expanded hour sales shall submit a written application to the liquor control commission describing the organization holding the convention, the number of members estimated to attend and the date or dates of expanded hour service requested together with a nonreturnable application fee of twenty-five dollars. 449 AUGUST 14, 1991 VOLUME LVI Section 3. in conflict with hereby repealed. That all ordinances or parts of ordinances the provisions of this ordinance be and are Section 4. That this ordinance shall be in full force and effect ten days after its passage and publication in the manner provided by law. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: July 24, 1991 Passed: August 14, 1991 Omnibus Vote: Yeas 5 Nays 2 Recorded• Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk Councilman Fox made a motion, seconded by Councilman Gilliam, to reconsider Petition 36-91. Yeas: Councilmembers Fox, Gilliam, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Councilwoman Yearman made a motion, seconded by Councilwoman Moylan, to approve Petition 36-91, subject to the recommendations of the Land Use Committee. Yeas: Councilmembers Gilliam, Moylan, Walters, Yearman, and Mayor VanDeVoorde. Nays: Councilmembers Fox and Popple. Councilman Gilliam left the meeting at 8:45 p.m. Councilman Walters made a motion, seconded by Councilwoman Popple, to adopt the aforementioned resolution. Yeas: Councilmembers Fox, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. VOLUME LVI AUGUST 14, 1991 450 RESOLUTION AUTHORIZING EXECUTION OF ESCROW DEPOSIT AGREEMENT WITH THE SLADE AVENUE PARTNERSHIP WHEREAS, the City of Elgin has heretofore issued $3,500,000 aggregate principal amount of its Economic Development Revenue Bonds, Series 1983 (Slade Avenue Partnership Project) dated October 15, 1983 (the "Outstanding Bonds Indenture"), from the City of Elgin to Continental Illinois National Bank and Trust Company of Chicago, as trustee (the "Outstanding Bonds Trustee"), the proceeds of which were used primarily for the purpose of financing the construction of a medical office building (the "Project"); and WHEREAS, the Outstanding Bonds are now outstanding in the aggregate principal amount of $3,350,000 and Slade Avenue Partnership and the City of Elgin have determined to defease the Outstanding Bonds; and WHEREAS, Article XIII of the Outstanding Bonds Indenture permits the defeasance of the Outstanding Bonds; and WHEREAS, the parties have determined to provide for payment of the Outstanding Bonds by depositing with the Escrow Agent moneys sufficient (including certain amounts transferred from the Debt Service Reserve Fund established under the Outstanding Bonds Indenture) to purchase Government Obligations the principal of and interest on which, together with cash initially deposited hereunder, will be sufficient to pay or redeem the principal of, premium, if any, and interest on the Outstanding Bonds as the same become due and payable until November 1, 1993 when the Outstanding Bonds shall be redeemed pursuant to Section 701 of the Outstanding Bond Indenture. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the Mayor and City Clerk are hereby authorized and directed to execute on behalf of the City of Elgin, the following instruments substantially in the form attached as Exhibits A, B, C, D and E and to do all such acts and things and to execute, file, acknowledge and deliver all such documents, certificates and closing instruments as may in their discretion be deemed necessary or desirable in order to carry out and comply with the terms and provisions of these resolutions; all of the acts and doings of the Mayor and City Clerk which are in conformity with the intent and purposes of these resolutions whether heretofore or hereafter done shall be and the same are hereby in all respects ratified, confirmed and approved. sl George VanDeVoorde George VanDeVoorde, Mayor 451 AUGUST 14, 1991 VOLUME LVI Presented: August 14, 1991 Adopted: August 14, 1991 Vote: Yeas 6 Nays 0 Recorded: Attest: sl Dolonna Mecum Dolonna Mecum, City Clerk Councilwoman Yearman made a motion, seconded by Councilwoman Moylan, to close the public hearing on Petition 45-91. Yeas: Councilmembers Fox, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Councilwoman Popple made a motion, seconded by Councilwoman Moylan, to approve Petition.45-91, subject to staff recommendations. Yeas: Councilmembers Fox, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Councilwoman Moylan made a motion, seconded by Councilman Walters, to close the public hearing for Petition 46-91. Yeas: Councilmembers Fox, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays,: None.. Councilman Fox made a motion, seconded by Councilwoman Yearman, to approve Petition 46-91, subject to staff recommendations. Yeas: Councilmembers Fox, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. VOLUME LVI AUGUST 14, 1991 452 Councilwoman Moylan made a motion, seconded by Councilwoman. Popple, to close the public hearing for Petition 47-91. Yeas: Councilmembers Fox, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Councilwoman Popple made a motion, seconded by Councilman Walters, to approve Petition 47-91, subject to staff recommendations. Yeas: Councilmembers Fox, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Councilwoman Moylan made a motion, seconded by Councilwoman Popple, to table consideration of Petition 15-91. Yeas: Councilmembers Fox, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Councilwoman Yearman made a motion, seconded by Councilman Walters, to approve Petition 57-91, subject to the recommendations of the Land Use Committee. Yeas: Councilmembers Fox, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Councilwoman Moylan made a motion, seconded by Councilman Walters, to approve Application S7-91, subject to the recommendations of the Land Use Committee. Yeas: Councilmembers Fox, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. 453 AUGUST 14, 1991 VOLUME LVI Councilman Fox made a motion, seconded by Councilman Walters, to pass the aforementioned ordinance. Yeas; Councilmembers Fox, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Ordinance No. G52-91 AN ORDINANCE GRANTING A SPECIAL USE FOR A DAY CARE CENTER AT 51 SOUTH SPRING STREET WHEREAS, written application has been made for a special use for the establishment, maintenance and operation of a day care center at 51 South Spring Street; and WHEREAS, the Land Use Committee conducted a public hearing after due notice by publication and has submitted its findings of fact and recommended approval; and WHEREAS, the City Council of the City of Elgin concurs in the findings and recommendation of the Land Use Committee. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the City Council of the City of Elgin hereby adopts the findings of fact made by the Elgin Land Use Committee, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Section 2. That a special use for a day care center at 51 South Spring Street, Elgin, Illinois, legally described as follows: Lots 7, 8, .9, and 10 and that part of Lots 5, 6, 11 and 12 lying southwesterly of the southwesterly right-of-way line of the Chicago and Northwestern Railway Company, all in Block 12 of the original town of Elgin, on the East side of Fox River, in the City of Elgin, Kane County, Illinois, including all improvements and structures thereon, and all of Lot 5, and the easterly 15.74 feet of Lot 12, and that part of Lots 3, 4, 13, 14 and 16 which lie southwesterly of the southwesterly right-of-way line of the Chicago and Northwestern Railway Company, all in Block 13 of J.T. Gifford's plat of Elgin, in the City of Elgin, Kane County, Illinois. be and is hereby granted subject to the following conditions: VOLUME LVI AUGUST 14, 1991 454 1. Substantial conformance to the parking and building plan prepared by Burnidge, Cassell and Associates, dated June 27, 1991. 2. Substantial conformance with the petitioner's statement. 3. 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. Section 4. That this ordinance shall be in full force and effect after its passage in the manner provided by law. sl George VanDeVoorde George VanDeVoorde; Mayor Presented: August 14, 1991 Passed: August 14, 1991 Vote: Yeas 6 Nays 0 Recorded: Published: 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, Moylan, Popple, 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 ti be renovated and occupied by the Historical Society as a historical museum; and 455 AUGUST 14, 1991 VOLUME LVI 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 $1,000.00 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: Mielke-Lauderdale Electrical Contracting Co. $ 1,000.00 per the written direction of the Elgin Area Historical Society dated July 29, 1991, a copy of which is attached hereto and made a part hereof by reference. sl George VanDeVoorde George VanDeVoorde, Mayor Presented: August 14, 1991 Adopted: August 14, 1991 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk Councilwoman Popple made a motion, seconded by Councilman Fox, to adopt the aforementioned resolution. Yeas: Councilmembers Fox, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. VOLUME LVI AUGUST 14, 1991 456 RESOLUTION AUTHORIZING EXECUTION OF A PROPOSAL FOR PURCHASE AND DEVELOPMENT OF 414 HILL STREET 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 Proposal for Purchase and Development of 414 Hill Street on behalf of the City of Elgin with the Neighborhood Housing Services of Elgin, Inc. for the rehabilitation of 414 Hill Street, a copy of which is attached hereto and made a part hereof by reference. sl George VanDeVoorde George VanDeVoorde, Mayor Presented: August 14, 1991 Adopted: August 14, 1991 Omnibus Vote: Yeas 6 Nays 0 Recorded: Attest: sl Dolonna Mecum Dolonna Mecum, City Clerk Councilwoman Moylan made a motion, seconded by Councilwoman Yearman, to adopt the aforementioned resolution. Yeas: Councilmembers Fox, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. RESOLUTION ACCEPTING A TEMPORARY CONSTRUCTION EASEMENT FROM COMMONWEALTH EDISON COMPANY FOR SHALES PARKWAY RECONSTRUCTION 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 a temporary construction easement on behalf of the City of Elgin from Commonwealth Edison Company for the reconstruction of Shales Parkway, a copy of which is attached hereto and made a part hereof by reference. sl George VanDeVoorde George VanDeVoorde, Mayor 457 AUGUST 14, 1991 VOLUME LVI Presented: August 14, 1991 Adopted: August 14, 1991 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk Councilwoman Yearman made a motion, Popple, to adopt the aforementioned Councilmembers Fox, Moylan, Popple, Mayor VanDeVoorde. Nays: None. seconded by Councilwoman resolution. Yeas: Walters, Yearman, and RESOLUTION APPROVING A REIMBURSEMENT AGREEMENT WITH NORTHERN ILLINOIS GAS FOR THE RELOCATION OF FACILITIES 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 a reimbursement agreement on behalf of the City of Elgin with Northern Illinois Gas for the relocation of facilities in connection with the proposed improvement of Shales Parkway, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: August 14, 1991 Adopted: August 14, 1991 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk Councilman Walters made a motion, seconded by Councilman Fox, to adopt the aforementioned resolution. Yeas: Councilmembers Fox, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. VOLUME LVI AUGUST 14, 1991 458 RESOLUTION AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE ILLINOIS DEPARTMENT OF COMMERCE AND COMMUNITY AFFAIRS (DCCA) FOR GRANT FUNDING AVAILABLE THROUGH THE ILLINOIS CLEAN AND BEAUTIFUL PROGRAM WHEREAS, the City Council of the City of Elgin, pursuant to resolution authorized the city's participation in the Illinois Clean and Beautiful Program to be administered through Elgin Proud and Beautiful, Inc.; and WHEREAS, at the recommendation of Elgin Proud and Beautiful, Inc. the City of Elgin is applying to the State of Illinois Department of Commerce and Community Affairs for grant funding available through the "Illinois Clean and Beautiful Program"; and WHEREAS, it is necessary that an application be submitted by the City of Elgin on behalf of Elgin Proud and Beautiful, Inc. and certain agreements be entered into with the State of Illinois. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. The City of Elgin shall apply for a $9,000 grant through the program under the terms and conditions of the State of Illinois and shall enter into and agree to the understandings and assurances governing the receipt and utilization of the aforesaid grant funds. Section 2. The Mayor and City Clerk, on behalf of the city, shall be empowered to execute such documents and all other agreements as may be considered necessary for carrying out the stated activities outlined within said application. Section 3. The Mayor and City Clerk are authorized to provide such additional information as may be required to accomplish the obtaining of a grant offer. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: August 14, 1991 Adopted: August 14, 1991 Vote: Yeas 6 Nays 0 Recorded: Attest: sJ Dolonna Mecum Dolonna Mecum, City Clerk 459 AUGUST 14, 1991 VOLUME LVI Councilwoman Moylan made a motion, seconded by Councilwoman Popple, to adopt the aforementioned resolution. Yeas: Councilmembers Fox, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH ELGIN PROUD AND BEAUTIFUL, INC. 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 Elgin Proud and Beautiful, Inc. for the administration of a Clean and Beautiful Program, a copy of which is attached hereto and made a part hereof by reference. sl George VanDeVoorde George VanDeVoorde, Mayor Presented: August 14, 1991 Adopted: August 14, 1991 Vote: Yeas 6 Nays 0 Recorded: Attest: sl Dolonna Mecum Dolonna Mecum, City Clerk Councilwoman Yearman made a motion, seconded by Councilman Fox, to adopt the aforementioned resolution. Yeas: Councilmembers Fox, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. RESOLUTION RATIFYING AND AUTHORIZING EXECUTION OF AGREEMENT WITH THE METROPOLITAN POLICE ASSOCIATION WHEREAS, representatives of the City of Elgin and representatives of the Metropolitan Police Association have met and discussed wages, fringe benefits and other working conditions; and VOLUME LVI AUGUST 14, 1991 460 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 Metropolitan Police Association 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. sl George VanDeVoorde George VanDeVoorde, Mayor Presented: August 14, 1991 Adopted: August 14, 1991 Vote: Yeas 6 Nays 0 Recorded: Attest: sl Dolonna Mecum Dolonna Mecum, City Clerk Councilwoman Yearman made a motion, seconded by Councilman Walters, to adopt the aforementioned resolution. Yeas: Councilmembers Fox, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. 461 AUGUST 14, 1991 VOLUME LVI RESOLUTION AUTHORIZING EXECUTION OF A FACADE IMPROVEMENT PROGRAM AGREEMENT (209 and 211 East Chicago Street) 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 Craig Bakstad for the property commonly known as 209 and 211 East Chicago Street, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: August 14, 1991 Adopted: August 14, 1991 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk Councilwoman Popple made a motion, seconded by Councilwoman Yearman, to pass the aforementioned ordinance. Yeas: Councilmembers Fox, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. VOLUME LVI ORDINANCE NUMBER S13-91 AN ORDINANCE providing for the issuance of $5,920,000 General Obligation Refunding Bonds, Series 1991A, of the City of Elgin, Kane and Cook Counties, Illinois, and providing for the levy and collection of a direct annual tax for the payment 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, accordingly, pursuant to the provisions of the 1970 Constitution of the State of Illinois and particularly Article VII, Section 6(a) thereof, the City is a home rule unit and as such 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 of Article VII of the 1970 Constitution, the City has the power to incur debt payable from ad valorem tax receipt s maturing within 40 years from the time it is incurred and without prior refer- endum 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: 463 VOLUME LVI ORD'INANCE 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 has heretofore issued the following outstanding and validly subsisting and unpaid general obligation corporate purpose bonds: General Obligation Parking Bonds, Series 1980A $2,600,000 Series 1980A Bonds, issued on November 20, 1980; bearing a dated date of November 1, 1980; of which $1,650,000 are still Outstanding due serially on January 1 of the years and in the amounts and bearing interest at the rates percent per annum as follows: Year Amount ($) Rate (% 1992 150,000 8.00 1993 150,000 8.00 1994 150,000 8.00 1995 150,000 8.00 1996 150,000 8.25 1997 150,000 8.25 1998 150,000 8.25 1999 200,000 8.75 2000 200,000 8.75 2001 200,000 9.00 -2- VOLUME LVI 464 Series 1980A Bonds due on or after January 1, 1994, are redeemable on July 1, 1993 (or any interest payment date thereafter) at the redemption price of par plus a premium of 1/2 of 1% of the principal amount of each bond being redeemed for each interest payment date subsequent to the date of redemption, up to and including the maturity date of such bond (such premium not to exceed 3% of the principal amount of such bond) plus accrued interest; Corporate Purpose Bonds, Series 1984 $1,925,000 Series 1984 Bonds, issued on October 1, 1984; bearing a dated date of October 1, 1984; of which $510,000 are still Outstanding due serially on January 1 of the years and in the amounts and bearing interest at the rates percent per annum as follows: Year Amount ($) Rate (�) 1992 100,000 8.50 1993 100,000 8.70 1994 150,000 8.90 1995 160,000 9.00 Series 1984 Bonds due on or after January 1, 1992, are redeemable on January 1, 1991 (or any interest payment date thereafter) at the redemption price of par plus a premium of 2% of the principal amount plus accrued interest; General Obligation Corporate Purpose Bonds, Series 1985 $4,300,000 Series 1985 Bonds, issued on December 16, 1985; bearing a dated date of December 1, 1985; of which $4,300,000 are still Outstanding due serially on January 1 of the -3- 465 VOLUME LVI years and in the amounts and bearing interest at the rates percent per annum as follows: Year Amount {$) Rate (&) 1992 50,000 9.50 1993 50,000 9.50 1994 75,000 9.50 1995 100,000 9.50 1996 125,000 7.50 1997 150,000 7.60 1998 200,000 7.70 1999 275,000 7,80 2000 350,000 7.90 2001 450,000 8.00 2002 525,000 8.10 2003 600,000 8.20 2004 650,000 8.25 2005 700,000 8.30 Series 1985 Bonds due on or after January 1, 1996, are redeemable on January1 1995 , (or any interest payment date thereafter) at the redemption price of par plus accrued interest; all of which bear interest at higher rates than those currently available in the bond markets; and may be advance refunded for net debt service savings; and WHEREAS pursuant to its home rule powers, the City is authorized to issue general obligation bonds to accomplish such refunding (the "Refunding") and it is deemed necessary and desir- able to provide for the issuance of not to exceed $5,920,000 principal amount general obligation bonds for such purpose and also for expenses incidental to the Refunding; 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, as follows: CEC VOLUME LVI 466 Section 1. Definitions In addition to such other words and terms used and defined in this ordinance, the following words and terms used in this ordinance shall have the following meanings, unless, in either case, the context or use clearly indicates another or dif- ferent meaning is intended: "Act" means the Illinois Municipal Code, as supple- mented and amended, and the home rule powers of the City under Section 6 of Article VII of the Illinois Constitution of 1970. In the event of conflict between the provisions of said code and home rule powers, the home rule powers shall be deemed to super- sede the provisions of said code. "Bond" or "Bonds" means one or more, as applicable, of the not to exceed $5,920,000 General Obligation Refunding Bonds, Series 1991A, authorized to be issued by 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. Illinois. "City" means the City of Elgin, Kane and Cook Counties, "City Council" means the City Council of the City. -5- 467 VOLUME LVI "Code" means the Internal Revenue Code of 1986. "Debt Service Fund" means the Debt Service Fund estab- lished and defined in Section 13 of this ordinance. "Ordinance" means this Ordinance, numbered S13-91 , and passed by the City Council on the 14th day of August, 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 pay- ing agent hereunder. "Pledged Taxes" means the taxes levied on the taxable property within the corporate limits of the City to pay principal of and interest on the Bonds as provided in Section 10 hereof. ". "Prior Bonds" means the bonds of the City described and defined as such in the preambles hereto. "Rebate Fund" means the Rebate Fund authorized to be established and as defined in Section 13 of this Ordinance. "Refunding" means the refunding of certain maturities of the Prior Bonds from proceeds of the Bonds and such other lawfully available funds of the City as necessary. "Tax-exempt"means, with respect to the Bonds, the sta- tus of interest paid and received thereon as not includible in the gross income of the owners thereof wader 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 VOLUME LVI 468 computing the environmental tax imposed on certain corporations and in computing the "branch profits tax" imposed on certain for- eign corporations. Section 2. Incorporation of Preambles The City Council hereby find 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. Section 3. Determination To Issue Bonds It is necessary and in the best interests of the City to provide for the Refunding to achieve net debt service savings, 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 for a proper public purpose or purposes and is in the public interest, and is authorized by Article VII, Section 6 of the Illinois Constitu- tion. Section 4. Bond Details There shall be issued and sold the Bonds in the aggre- gate principal amount of not to exceed $5,920,000. The Bonds shall each be designated "General Obligation Refunding Bond, Series 1991A"; be dated August 1, 1991 (the "Dated Date"); and shall also bear the date of authentication thereof. The Bonds shall be in fully registered form, shall be in denominations of $5,000 or integral multiples thereof (but no single Bond shall -7- 469 VOLUME LVI represent principal maturing on more than one date), shall be numbered consecutively in such fashion as shall be determined by the Bond Registrar, and shall mature serially on January 1 of the years and in the amounts and bearing interest at the rates percent per annum as follows (subject to the right of prior redemption hereinafter stated): Year Amount ($) Rate ($) Year Amount ($) Rate O 1992 90,000 5.00 1999 515,000 6.15 1993 55,000 5.30 2000 585,000 6.25 1994 205,000 5.50 2001 675,000 6.40 1995 365,000 5.65 2002 540,000 6.45 1996 20.0,000 5.85 2003 610,000 6.50 1997 350,000 5.95 2004 650,000 6.55 1998 395,000 6.05 2005 685,000 6.60 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, until the principal amount of such Bond is paid or duly pro- vided 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 January 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. The principal of and redemption premium, if any, due on the Bonds shall be payable in lawful money of the United States of America upon presentation Cm VOLUME LVI 470 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 duly authorized facsimile signature of its Mayor and attested by the manual or duly authorized 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 signature shall nevertheless be valid and sufficient for all purposes, the same as if such offi- cer had remained in office until delivery. All Bonds shall have thereon a certificate of authentication, substantially in the form hereinafter set forth, duly executed by the Bond Registrar as authenticating agent of the City and showing the date of au- thentication. No Bond shall be valid or obligatory for any purpose or be entitled to any security or benefit under this ordinance unless and until such certificate of authentication shall have been duly executed by the Bond Registrar by manual signature, and such certificate of authentication upon any such Bond shall be conclusive evidence that such Bond has been authen- ticated and delivered under this ordinance. The certificate of authentication on any Bond shall be deemed to have been executed -9- 471 VOLUME LVI by it if signed by an authorized officer of the Bond Registrar, but it shall not be necessary that the same officer sign the cer- tificate of authentication on all of the Bonds issued hereunder. Section 6. Optional Redemption The Bonds due on or after January 1, 2002, are subject to redemption prior to maturity at the option of the City, from any available funds, in whole or in part on any date on or after January 1, 2001, and if in part, in any order of maturity a selected by the City, and if less than an entire maturity, in integral multiples of $5,000, selected by lot by the Bond Registrar as hereinafter provided, at the redemption price of par plus accrued interest to the date fixed for redemption. Section 7. Redemption Procedure 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 of Bonds of each maturity to be redeemed. For purposes of any redemption of less than all of the Bonds of a single maturity, the particular Bonds or portions of Bonds to be redeemed shall be selected by lot not more than 60 days prior to the redemption date by the Bond Registrar for the Bonds of such maturity by such method of lottery 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 -10- VOLUME LVI 472 a Bond shall be as likely to be called for redemption as any other such $5,000 Bond or $5,000 portion. The Bond Registrar shall promptly notify the City and the Paying Agent in writing of the Bonds or portions of Bonds selected for redemption and, in the case of any Bond selected for partial redemption, the principal amount thereof to be redeemed. Unless waived by the registered owner of Bonds to be redeemed, official notice of any such redemption shall be given by the Bond Registrar on behalf of the City by mailing the redemption notice by first class mail not less than 30 days and not more than 60 days prior to the date fixed for redemption to each 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 Regis- trar. All official notices of redemption shall include the name of the Bonds and at least the information as follows: (a) the redemption date; (b) the redemption price, including premium (if any); (c) if less than all of the outstanding Bonds of a parti- cular maturity are to be redeemed, the identification (and, in the case of partial redemption of Bonds within such maturity, the respective principal amounts) of the Bonds to be redeemed; (d) a statement that on the redemption date the redemption price will become due and payable upon each such Bond or portion -11- 473 VOLUME LVI 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 the principal corporate trust office of the Paying Agent. Prior to any redemption date, the City shall deposit with the Paying Agent an amount of money sufficient to pay the redemption price of all the Bonds or portions of Bonds which are to be redeemed on that date. 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 prise) such Bonds or portions of Bonds shall cease to bear inter- est. Neither the failure to mail such redemption notice, nor any defect in any notice so mailed, to any particular registered owner of a Bond, shall affect the sufficiency of such notice with respect to other registered owners. Notice having been properly given, failure of a registered owner of a Bond to receive such notice shall not be deemed to invalidate, limit or delay the effect of the notice or redemption action described in the notice. Such notice may be waived in writing by a registered owner of a Bond entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such -12- VOLUME LVI 474 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 accor- dance with said notice, such Bonds shall be paid by the Paying Agent at the redemption price. The procedure for the payment of interest due as part of the redemption price shall be as herein 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 of 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 or duly provided for, 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 cancelled and destroyed by the Bond Registrar and shall not be reissued. 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 maturity, the Bonds being redeemed with the proceeds of such check or other transfer. -13- 475 VOLUME LVI As part of their respective duties hereunder, the Bond Registrar and Paying Agent shall prepare and forward to the City a statement as to notice given with respect to each redemption together with copies of the notices as mailed. Owners Section 8. Registration of Bonds; PersonsTreated as 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, which 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 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 Bond may be transferred or exchanged,, but only in the manner, subject to the limitations, and upon payment of the charges as set forth in this ordinance. Upon surrender for transfer or exchange of any Bond at the principal corporate trust office of the Bond Registrar, duly endorsed by or accompanied by a written instrument or instruments of transfer or exchange in form satisfactory to the Bond Registrar and duly executed by the registered owner or an attorney for such owner duly authorized in writing, the City shall execute and the Bond Registrar shall authenticate, date and deliver in the name of the transferee or -14- VOLUME LVI 476 transferees or, in the case of an exchange, the registered owner, a new fully registered Bond or Bonds of like tenor, of the same maturity, bearing the same interest rate, of authorized denomina- tions, for a like aggregate principal amount. The Bond Registrar shall not be required to transfer or exchange any Bond during the period from the close of business on the 15th day of the calendar month preceding an interest payment date on the Bonds to the opening of business on 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. 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 such payments shall be valid and effectual to satisfy and discharge the lia- bility upon such Bond to the extent of the sum or sums so paid. -is- 477 VOLUME LVI No service charge shall be made to any registered owner of Bonds for any 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 transfer or exchange of Bonds. 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 \' -16 VOLUME LVI 478 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 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 -17- 479 VOLUME LVI 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 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 certifi- cate 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 of this Section 8 with respect to the payment of interest to the registered 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 ', com VOLUME LVI 480 availability through MSTC of Bond certificates and the Bonds shall no longer be restricted to being registered in the Bond 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 9. Form of Bond The Bonds shall be in substantially the form herein- after 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 the second paragraph of, the front side of the Bond and the legend "See Reverse Side for Additional Provisions" shall be omitted and paragraphs on the reverse side of the Bond shall be inserted immediately after the first paragraph on the front side.. -19- 481 VOLUME LVI [Form of Bond - Front Side] XZU.LbTrY KZU REGISTERED NO. $ UNITED STATES OF AMERICA STATE OF ILLINOIS COUNTIES OF KANE AND COOK CITY OF ELGIN GENERAL OBLIGATION REFUNDING BOND SERIES 1991A See Reverse Side for Additional Provisions. Interest Maturity Dated Rate: Date: Date: August 1, 1991 CUSIP Registered Owner: Principal Amount Dollars KNOW ALL PERSONS BY THESE PRESENTS that the City of Elgin, Kane and Cook Counties, Illinois, a municipality, home rule unit 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 (subject to right of prior redemption as hereinafter stated), the Principal Amount identified above and to -20- VOLUME LVI 482 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, at the Interest Rate per annum identified above, such interest to be payable on January 1 and July l of each year, commencing January 1, 1992, until the Principal Amount is paid or duly provided for. The principal of and redemption premium, if any, due on this Bond are payable in lawful money of the United States of America upon presentation hereof at the principal corporate trust office of American National Bank and Trust Company of Chicago, in the City of Chicago, Illinois, as paying agent (the "Paying Agent"). Payment of: interest shall be made to the Registered Owner hereof as shown on the registration books of the City maintained by American National Bank and Trust Company of Chicago, in the City of Chicago, Illinois, as bond registrar (the "Bond Registrar'"), 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 pre- sentation 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. Reference is hereby made to the further provisions of this Bond set forth on the reverse hereof, and such further pro- -21_ 483 VOLUME LVI visions shall for all purposes have the same effect as if set forth at this place. It is hereby certified and recited that all conditions, acts and things required by the Constitution and Laws of the State of Illinois to exist or to be done precedent to and in the issuance of this Bond, have existed and have been properly done, happened and been performed in regular and due form and time as required by law; that the indebtedness of the City, represented by the Bonds, and including all other indebtedness of the City, howsoever evidenced or incurred, does not exceed any constitu- tional or statutory or other lawful limitation; and that provi- sion has been made for the collection of a direct annual tax, in addition to all other taxes, on all of the taxable property in the City sufficient to pay the interest hereon as the same falls due and also to pay and discharge the principal hereof at maturity. This Bond shall not be valid or become obligatory for any purpose until the certificate of authentication hereon shall have been signed by the Bond Registrar. IN WITNESS WHEREOF the City of ,Elgin, Kane and Cook Counties, Illinois, by its City Council, has caused this Bond to be executed by the manual or duly authorized facsimile signature of its Mayor and attested by the manual or duly authorized fac- simile signature of its City Clerk and its corporate seal or a -22- VOLUME LVI sm facsimile thereof to be impressed or reproduced hereon, all as appearing hereon and as of the Dated Date identified above. Mayor, City of Elgin Kane and Cook Counties, Illinois Attest: City Clerk, City of Elgin Kane and Cook Counties, Illinois (SEAL) Date of Authentication: CERTIFICATEOF AUTHENTICATION This Bond is one of the Bonds described in the within mentioned Ordinance and is one of the General Obligation Refunding Bonds, Series 199 A, having a Dated Date of August 1, 1991, of the City of Elgin, Kane and Cook Counties, Illinois. American National Bank and Trust Company of Chicago as Bond Registrar By Authorized Officer Bond Registrar and Paying Agent: American National Bank and Trust Company of Chicago, Chicago, Illinois -23- 485 VOLUME LVI [Form of Bond - Reverse Side] City of Elgin, Kane and Cook Counties, Illinois General Obligation Refunding Bond, Series 1991A This bond is one of a series of bonds (the "Bonds") in the aggregate principal amount of $5,920,000 issued by the City for the purpose of a refunding of certain prior bonds, and of paying expenses incidental thereto, all as described and defined in the ordinance authorizing the Bonds (the "Ordinance"), pur- suant to and in all respects in compliance with the applicable provisions of the Illinois Municipal Code, as supplemented and amended, and as further supplemented and, where necessary, super- seded, by the powers of the City as a home rule unit under the provisions of Section 6 of Article VII of the Illinois Constitu- tion of 1970 (such code and powers being the "Act"), 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. This Bond may be transferred or exchanged, but only in the manner, subject to the limitations, and upon payment of the charges as set forth in the Ordinance. Upon surrender for trans- fer or exchange of this Bond 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 of transfer or exchange in form satisfactory to the -24- VOLUME LVI 486 Bond Registrar and duly executed by the Registered Owner or an attorney for such owner 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 or, in the case of an exchange, the Registered Owner, a new fully registered Bond or Bonds of like tenor, of the same maturity, bearing the same interest rate, of authorized denominations, for a like aggregate principal amount. The Bond Registrar shall not be required to transfer or exchange any Bond during the period from the close of business on the 15th day of the calendar month preceding an interest payment date on the Bonds to the opening of business on 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 Bonds due on or after January 1, 2002, are subject to redemption prior to maturity, at the option of the City, from any available funds, in whole or in part on any date on or after January 1, 2001, and if in part, in any order of maturity as selected by the City, and if less than an entire maturity, in integral multiples of $5,000, selected by lot by the Bond Registrar, at the redemption price of par plus accrued interest to the date of redemption. Unless waived by the Registered Owner of Bonds to be redeemed, notice of any such redemption shall be given by the Bond Registrar on behalf of the City by mailing the redemption 487 VOLUME LVI notice by first class mail not less than 30 days and not more than 60 days prior to the date fixed for redemption to each 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 Regis- trar. Neither the failure to mail such redemption notice, nor any defect in any notice so mailed, to any particular Registered Owner of a Bond, shall affect the sufficiency of such notice with respect to other Registered Owners-. Notice having been properly given, failure of a Registered Owner of a Bond to receive such notice shall not be deemed to invalidate, limit or delay the effect of the notice or redemption action described in the notice. Such notice may be waived in writing by a Registered 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. 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. Upon surren- der 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 -26- VOLUME LVI 488 the redemption price shall be as herein provided for payment of interest otherwise due. Upon surrender for any partial redemp- tion of any Bond, there shall be prepared for the Registered Owner a new Bond or Bonds of like tenor, of authorized denomina- tions, of the same maturity, and bearing the same rate of inter- est in the amount of the unpaid principal. 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 pur- poses, and the City, the Bond Registrar and the Paying Agent shall not be affected by any notice to the contrary. -27- HM ASSIGNMENT VOLUME LVI 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 regis- tration thereof with full power of substitution in the premises. Dated: Signature guaranteed: i NOTICE: The signature to this assignment must correspond 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 10. 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 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 taxes (the Pledged Taxes), to wit: ME VOLUME LVI For the Year 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 490 A Tax Sufficient to Produce the Sum of: $663,866.25 $567,020.00 $715,745.00 $530,122. 50 $668,422.50 $692,597.50 $788,700.00 $827,027.50 $880,465.00 $702,265.00 $737,435.00 $737,785.00 $730,210.00 for principal and interest up to and including January 1, 1993 for principal and interest for principal and interest for principal and interest for principal and interest for principal and interest for principal and interest for principal and interest for principal and interest for principal and interest for principal and interest for principal and interest for principal and interest Interest or principal coming due at any time when there are insufficient funds on hand from the Pledged Taxes to pay the same shall be paid promptly when due from current funds on hand in advance of the collection of the Pledged Taxes herein levied, and when the Pledged Taxes shall have been collected, reimburse- ment shall be made to said funds in the amount so advanced. Whenever other funds from any lawful source are made available for the purpose of paying any principal of or interest on the Bonds so as to enable the abatement of the taxes levied herein for the payment of same, the City Council shall, by proper proceedings, direct the deposit of such funds into the Debt Service Fund and further shall direct the abatement of the taxes by the amount so deposited. A certified copy or other notification of any such proceedings abating taxes may then be filed with the County Clerks of The Counties of Kane and Cook, i Illinois, in a timely manner to effect such abatement. -29- 491 VOLUME LVI 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 appli- cable laws in order to assure that the Pledged Taxes may be.. levied, extended and collected as provided herein and deposited into the Bond Fund. Section il. Filing with 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 percent required to produce the aggregate tax hereinbefore provided to be levied in each of said years; and each of said County Clerks shall (to the extent said tax has not been abated as provided herein) extend the same for collection on the tax books in con- nection with any other taxes that may be 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 provided by law for the levy and collection of taxes for general corporate purposes for said. years, without limit as to either rate or amount, and in addition to and in excess of all other taxes. -30- VOLUME LVI .m Section 12. 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, First Chicago Capital Markets, Inc., Chicago, Illinois, upon payment of the purchase price agreed upon, the same being $5t884,620.10 plus accrued: interest to date of delivery. The contract for the sale of the Bonds to the purchaser is hereby in all respects ratified, ap- proved and confirmed, it being hereby declared that no person holding any office of the City, either by election or appoint- ment, 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 13. Creation of Funds and Appropriations Bond proceeds and other funds of the City as noted are hereby appropriated as follows: A. Accrued interest and premium, if any, on the Bonds shall be and is hereby appropriated for the purpose of paying the first interest due on the Bonds and to such end is hereby ordered to be deposited into the "General Obligation Refunding Bonds, Series 1991A, Debt Service Fund" (the "Debt Service Fund"), hereby created, which shall be the fund for the payment of principal of and interest on the Bonds. -31- 4,93 VOLUME LVI B. The Pledged Taxes shall either be deposited into the Debt Service Fund and used solely and only for paying the principal of and interest on the Bonds or be used to reimburse a fund or account from which advances to the Debt Service Fund may have been made to pay principal of or interest on the Bonds prior to receipt of Pledged Taxes. Interes-t income or investment profit earned in the Debt Service Fund shall be retained in the Debt Service Fund for payment of the principal of or interest on' the Bonds on the interest payment date next after such interest or profit is received ore to the extent lawful and as determined by the City Council, transferred to such other fund as may be determined. The City hereby pledges, as equal and ratable security for the Bonds, all present and future proceeds of the Pledged Taxes for the sole benefit of the registered owners of the Bonds, subject to the reserved right of the City Council to transfer certain interest income or investment profit earned in the Debt Service Fund to other funds of the City, as described in the preceding sentence. C. The amount necessary of the proceeds of the Bonds shall be deposited into a separate fund, hereby created, desig- nated the "Expense Fund" to be used to pay expenses of issuance of the Bonds. Disbursements from such fund shall be made from time to time as necessary. Any excess in said fund shall be deposited into the Debt Service Fund hereinafter created after six months from the date of issuance of the Bonds. -32- C VOLUME LVI ,E D. The sum necessary, together with such money in the debt service funds for the Prior Bonds as may be advisable for the purpose, shall be used to provide for the Refunding, and the payment of such expenses as may be designed, pursuant to the provisions of an Escrow Agreement with the Escrow Agent as is designated, all in accordance with the provisions of an Escrow Agreement, substantially in the form attached hereto as Exhibit A. to this Ordinance, made a part hereof by this reference, and, hereby approved; the officers appearing signatory to such Escrow Agreement are hereby authorized and directed to execute same, their execution to constitute conclusive proof of action in accordance with this Ordinance, and approval of all completions or revisions necessary or appropriate to effect the Refunding. There is hereby authorized to be created, when, as and if needed, a "General Obligation Refunding Bonds Rebate Fund, Series 1991A" (the Rebate Fund). The officers of the City charged with meeting the covenants of the City relating to the Tax-exempt status of the Bonds shall create such fund as needed and make deposits from the Expense Fund, the Bond Fund or such other fund as the City Council may designate, in such amounts as may be proper to assure payment of rebate of "excess arbitrage profits" on the Bonds to the United States. Section 14. Not Private Activity Bonds None of the Bonds is a "private activity bond" as defined in Section 141(a) of the Code. In support of such con- clusion, the City certifies, represents and covenants as follows: -33- 495 VOLUME LVI A. None of the proceeds of the Bonds are to be used, directly or indirectly, ,and none of the proceeds of the Prior Bonds were used, directly or indirectly, in any trade or business carried on by any person other than a state or -local governmental unit. The Prior Bonds were issued for the purpose, and the Prior Bond proceeds were properly and fully expended for the purpose, of paying the costs of capital improvements to the essential .• governmental purpose systems of the City, including storm water system improvements, street improvements, traffic signal installation, parking systems and other public improvements (collectively, such systems and improvements being the "Infrastructure"). 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. 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 Infrastructure other than the City or another governmental unit will use the same on any basis other than the same basis as the general public; and no person other than the City or another governmental unit will be a user of the Infrastructure 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. \' -34- VOLUME LVI HM Section 15. General Arbitrage Covenants The City represents and certifies as follows with re- spect to the Bonds: A. The City has not been notified of any disqualifi- cation or proposed disqualification of: it by the Commissioner of the Internal Revenue Service as a bond issuer which may certify bond issues under Treasury Regulations Section 1.103-13 (a)(2)- (ii) (1979). B. Moneys on deposit in any fund or account in con- nection with the Bonds, whether or not such moneys were derived 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 Code Section 148 and any lawful regulations promulgated thereunder, including Treasury Regulations Sections 1.103-13, 1.103-14 and 1.103-15 (1979) as the same presently exist or may from time to time here- after be amended, supplemented or revised. Section 16. Arbitrage Rebate The City recognizes that the provisions of Section 148 of the Code require a rebate to the United States in certain circumstances. The proceeds of the Bonds shall be subject to such rebate; provided, however, that proceeds of the Bonds on deposit in the escrow account under the escrow agreement, as hereinabove described in Section 13, shall be invested at a yield not in excess of the yield on the Bonds, so no 'rebate is expected -35- 497 VOLUME LVI with respect thereto; investments of Bond proceeds in the expense fund hereinabove created are not expected to provide excess arbi- trage profits due to the short duration prior to disbursement, but these investments will be reviewed for applicability of rebate; and moneys in the Debt Service Fund (a bona fide debt service fund) are not subject to rebate. Section 17. 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 18. Further Tax Covenants The City agrees to comply with all provisions of the present 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 file such forms, statements and supporting documents as may be required and in a timely manner; and (e) if -36- VOLUME LVI 498 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. Section 19. Opinion of Counsel Exception The City reserves the right to use or invest moneys in connection with the Bonds in any manner, notwithstanding the representations and covenants in Sections 14 through 18 herein,, provided it shall first 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 or impairment of Tax-exempt status for the Bonds. Section 20. Taxes Previously Levied The taxes previously levied to pay principal of and interest on the Prior Bonds, to the extent such principal and interest is provided for from the escrow account under the escrow agreement as hereinabove described in Section 13, shall be abated. The filing of a certificate of abatement with the County Clerks of the Counties of Kane and Cook, Illinois, as hereinabove provided shall constitute authority and direction for said County Clerks to make such abatement. Section 21. 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's and Paying Agent's standard form of agreement between the -37- 499 VOLUME LVI 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 or agree- ments and subject to modification thereby, the Bond Registrar and Paying Agent by acceptance of duties hereunder agree: (a) to act as bond registrar, paying agent, authenticating agent, and transfer agent as respectively provided herein; (b) for the Bond Registrar, to maintain a list of Bondhol- ders 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) for the Bond Registrar, to cancel and/or destroy Bonds which have been paid at maturity or upon redemption or submitted for exchange or transfer; (d) for the Bond Registrar, to furnish the City at least annually a certificate with respect to Bonds cancelled and/or destroyed; and (e) for the Bond Registrar, 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. 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. -38- L VOLUME LVI 500 Section 22. Publication of Ordinance A full, true and complete copy of this Ordinance shall 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 23. 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 Dan Fox, Susan Moylan, Cheryl Popple, John Walters, Marie Yearman and Mayor VanDeVoorde. NAYS: None. ABSENT: Councilmember Robert Gilliam. ADOPTED: August 14, 1991 APPROVED: August 14, 1991 s/ George VanDeVoorde Mayor, City of Elgin Kane and Cook Counties, Illinois -39- 501 VOLUME LVI RECORDED In City Records: August 15, 1991. PUBLISHED in the Daily Courier -News by authority of the City Council on August L, 1991. Attest: s/ Dolonna Mecum City Clerk, City of Elgin Kane and Cook Counties, Illinois -40- VOLUME LVI 502 Councilwoman Popple made a motion, seconded by Councilman Fox, to adopt the aforementioned resolution. Yeas: Councilmembers Fox, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. RESOLUTION AUTHORIZING FILING OF APPLICATION FOR GRANT UNDER THE KANE COUNTY COMMUNITY DEVELOPMENT ASSISTANCE PROGRAM BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that an application be made to the Kane County Community Development Assistance Program for grant assistance for the restoration of Walton Island. BE IT FURTHER RESOLVED that the City Manager be and is hereby authorized and directed to execute and file an application with the Kane County Community Development Assistance Program and to furnish such additional information and documents as may be required for the grant program. s✓ George VanDeVoorde George VanDeVoorde, Mayor Presented: August 14, 1991 Adopted: August 14, 1991 Vote: Yeas 6 Nays 0 Recorded: Attest: sl Dolonna Mecum Dolonna Mecum, City Clerk Councilwoman Moylan made a motion, seconded by Councilman Walters, to adopt the aforementioned resolution. Yeas: Councilmembers Fox, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. RESOLUTION AUTHORISING EXECUTION OF AN AGREEMENT WITH VALLEY CREEK OF ELGIN, 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 agreement on behalf of the City of Elgin with Valley Creek of Elgin, Inc. for the Lyle Avenue bridge 503 AUGUST 14, 1991 VOLUME LVI crossing over Tyler Creek, a copy of which is attached hereto and made a part hereof by reference. sl George VanDeVoorde George VanDeVoorde, Mayor Presented: August 14, 1991 Adopted: August 14, 1991 Vote: Yeas 6 Nays 0 Recorded: Attest: sl Dolonna Mecum Dolonna Mecum, City Clerk AUTHORIZATION OF PAYMENT TO VARIOUS VENDORS Alexander Chemicals $ 5,421.2,5 Chemicals for Wing Park Lemont, IL swimming pool D. H. Martin $ 7,731.00 Gasoline for Ann Street Petroleum Co. Garage Elgin, IL Speer Financial Inc. $22,624.66 Professional services Chicago, IL rendered regarding issuance of General Obligation Corporate Purchase Bonds, Series 1991 Moody's Investors $ 7,000.00 Professional services Service rendered regarding Newark, NJ issuance of bonds described above Office of the State $ 6,700.00 Registration and permit Fire Marshal fees for removal of Springfield, IL underground fuel tanks Neighborhood Housing $20,566.00 Establishment of two Services escrow accounts in Elgin, IL conjunction with Rehabilitation Loan Program VOLUME LVI AUGUST 14, 1991 504 Winifred Soucie $ 5,128.13 Repair to property in 330 Wheelock Street conjunction with Elgin, IL Residential Rebate Program Councilman Fox made a motion, seconded by Councilwoman Yearman, to authorize the above payments. Yeas: Councilmembers Fox, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. CONSENT AGENDA Councilwoman Yearman made a motion, seconded by Councilwoman Popple, to approve Items No. 37 through 51 by omnibus vote. Yeas: Councilmembers Fox, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. INANCE Councilwoman Yearman made a motion, seconded by Councilwoman Popple, to pass the aforementioned ordinance. Yeas: Councilmembers Fox, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Ordinance No. S12-91 AN ORDINANCE DESIGNATING FIRE BARN #'5 AS A HISTORICAL LANDMARK WHEREAS, the Elgin Heritage Commission has conducted a public hearing and determined that Fire Barn #5 meets the criteria of the Elgin Municipal Code, 1976, as amended, for designation as a historical landmark; and WHEREAS, the Elgin Heritage Commission has submitted its report and findings in support of its determination and recommendation; and WHEREAS, the City Council has reviewed the recommendation of the Elgin Heritage Commission and concurs in the recommendation to designate Fire Barn #5 as a historical landmark. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN', ILLINO'IS, that Fire Barn #5 located upon the property legally described as follows: Lot 5 in Wallin's Addition to the City of Elgin, Kane County, Illinois. be and is hereby designated as a historical landmark as provided in Chapter 20.04 of the Elgin Municipal Code, 1976, as amended. 505 AUGUST 14, 1991 VOLUME LVI BE IT FURTHER ORDAINED that the City Clerk is and directed to provide notice, send copies of the and record a certified copy of the ordinance in the the Recorder of Deeds of Kane County, Illinois. Presented: August 14, 1991 Passed: August 14, 1991 Omnibus Vote: Yeas 6 Nays 0 Recorded: Published: Attest• sl Dolonna Mecum Dolonna Mecum, City Clerk authorized ordinance, office of s/ George VanDeVoorde George VanDeVoorde, Mayor Councilwoman Yearman made a motion, Popple, to pass the aforementioned Councilmembers Fox, Moylan, Popple, Mayor VanDeVoorde. Nays: None. seconded by Councilwoman ordinance. Yeas: Walters, Yearman, and Ordinance No. G49-91 AN ORDINANCE AMENDING CERTAIN PARKING RESTRICTIONS WITHIN THE CITY OF ELGIN BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Title 11, Chapter 11.60 of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by deleting from the list of streets where parking is prohibited under Section 11.60.081 the following: Lake Street, north side thereof, from Wellington Avenue to Villa Street. Section 2. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. VOLUME LVI AUGUST 14, 1991 Section 3 and effect ten pamphlet form That this ordinance shall be in full force days after its passage and publication in in the manner provided by law. sl George VanDeVoorde George VanDeVoorde, Mayor Presented: August 14, 1991 Passed: August 14, 1991 Omnibus Vote: Yeas 6 Nays 0 Recorded: Published: Attest: sl Dolonna Mecum Dolonna Mecum, City Clerk Councilwoman Yearman made a motion, Popple, to adopt the aforementioned Councilmembers Fox., Moylan, Popple, Mayor VanDeVoorde. Nays: None. seconded by Councilwoman resolution. Yeas: Walters, Yearman, and RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT 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 purpose of delineating the rights and responsibilities of the parties relevant to the transfer of certain property located in the City of Elgin, a copy of which is attached hereto and made a part hereof by reference. sl George VanDeVoorde George VanDeVoorde, Mayor 507 AUGUST 14, 1991 VOLUME LVI Presented: August 14, 1991 Adopted: August 14, 1991 Omnibus Vote: Yeas 6 Nays 0 Recorded: Attest: sl Dolonna Mecum Dolonna Mecum, City Clerk Councilwoman Yearman made a motion, seconded by Councilwoman Popple, to adopt the aforementioned resolution. Yeas: Councilmembers Fox, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. RESOLUTION ESTABLISHING FEES FOR THE USE OF THE HEMMENS MEMORIAL BUILDING WHEREAS, the Hemmens Building Advisory Committee of the City of Elgin has recommended that the fees and charges heretofore established for the use of the Hemmens Memorial Building be revised; and WHEREAS, the City Council of the City of Elgin concurs in the recommendations of the Hemmens Building Advisory Committee for the year 1994. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That from and after January 1, 1994 fees and charges for the use of the Hemmens Memorial Building shall be in accordance with the following schedule: I. Auditorium Base rental for actual performance shall be as follows: 1994 Show Time (Mon.-Thurs.) $375 Show Time (Fri. -Sun.) $445 (3-Hour Block of Time) Additional time shall be prorated. Second Performance Same Day (Mon.-Thurs.) $140 Second Performance Same Day (Fri. -Sun.) $175 VOLUME LVI AUGUST 14, 1991 508 Performance time shall include set changes, intermission(s) and curtain calls. The Building Operations Manager shall make the final determination as to the time of a performance in the case of a disagreement. Included in base rental charge shall be: Lobby, ticket booths, coat rooms, rest rooms, two dressing rooms, two meeting rooms, and custodial services after the event. II. Exhibition Hall Base rental shall be as follows: 1994 Show Time (Mon.-Thurs.) $375 Show Time (Fri. -Sun.) $475 (6-Hour Brock of Time) Additional time shall be prorated. One/Half of Exhibition Hall Show Time One/Half Full Hall Rate Personnel working the event shall be additional. Base rental shall include lower coat rooms, rest rooms, and sound system and also includes custodial services after the event. III. Rehearsal Room Base rental shall be as follows: 1994 Rehearsal Room (Mon.-Thurs.) $ 17.50 Hr. Rehearsal Room (Fri. -Sun.) $ 29.75 Hr. Base rental shall include custodial services after the event. There shall be a minimum of three hours. IV. Entire Building Rates for the rental of the entire building shall be as follows: Show Time (Mon.-Thurs.) Show Time (Fri. -Sun.) (6-Hour Block of Time) 1994 MMI :E$ Each additional hour of time shall be prorated. 509 AUGUST 14, 1991 VOLUME LVI V VI. Rehearsal and Move-In/Out Charae Non-performance use of the Auditorium and/or Exhibition Hall such as moving-in/out, set-ups, or rehearsals shall. be as follows: 1994 Rehearsal Time (Mon.-Thurs.) $ 26.75 Hr. (Same Day as Event) Rehearsal Time (Fri. -Sun.) $ 32.80 Hr. (Same Day as Event) Rehearsal Time (Fri. -Sun.) $ 49.20 Hr. (Other than Day of Event) Charges for Eauioment. Services and Special Building 1994 1. Accoustical Shells $ 5.15 2. Chairs, Metal Folding $ .50 3. Microphones $ 13.65 (1 included w/rental) 4. Mirror, Shower, Fog Machine Scene Machine $ 28.50 5. Motion Picture Screen N/C 6. Music Stands NIC 7. Orchestra Pit $ 44.50 8. Piano - Concert Grand $80.00 9. Piano - Spinet N/C 10. Piano - Uprighr $ 45.50 11. Piano Tuning Per Cost 12. Podium N/C 13. Projector - 16MM Sound, Video Projector or VCR & Monitor $ 28.50 14. Projector - Slide $ 13.00 15. Risers - Band $ 4.00 16. Risers - Choral $ 2.30 17. Spotlights Trouper $ 45.50 18. Strobelight $ 22.75 19. Folding Tables $ 2.55 20. Folding Tables for Rental Purposes $ 4.00 21. Tape Recorder $ 22.75 22. Audio Tapes Per Cost + 10% Handling 23. Light Gels Per Cost + 10% Handling 24. Industrial Truck Hourly Rats $ 6.20 25. Kitchen Daily Rate $ 32.00 26. Dance Floor $ 47.65 VOLUME LVI AUGUST 14, 1991 l VII. Charges for Labor 1. Technicians 2. Senior Technician 3. Stage Manager 4. Ushers 5. Reserve Security 6. Regular Security 510 1994 Hourly Rate $ 15.50 Hourly Rate $ 23.25 Hourly Rate $ 23.25 Hourly Rate $ 7.70 Per Cost Per Cost NOTE: The above equipment rates do not include the cost of the operation. Except where otherwise indicated, the rates are on a per show basis. Under normal use, clean up service is included in the base rental. However, at the discretion of the building manager, sponsoring organizations will be assessed for clean up service when the building is left unusually messy or dirty. Section 2. The schedule of rages and charges herein established shall not be applicable to contracts executed prior to August 1, 1991; any such contract shall be subject to the rates and charges in effect at the time of the •execution of such contract. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: August 14, 1991 Adopted: August 14, 1991 Omnibus Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk Councilwoman Yearman made a motion, seconded by Councilwoman Popple, to adopt the aforementioned resolution. Yeas: Councilmembers Fox, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. 511 AUGUST 14, 1991 VOLUME LVI RESOLUTION ACCEPTING THE COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE YEAR ENDED DECEMBER 31, 1990 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby accepts the City of Elgin, Illinois, Comprehensive Annual Financial Report for the Year Ended December 31, 1990 prepared by the Department of Finance and the accompanying opinion of the auditor, Wilkes, Besterfield & Co., P.C. Presented: August 14, 1991 Adopted: August 14, 1991 Omnibus Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk s/ George VanDeVoorde George VanDeVoorde, Mayor 425, 427 Councilwoman Yearman made a motion, seconded by Councilwoman Popple, to adopt the aforementioned resolution. Yeas: CouncilmemberS Fox, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. RESOLUTION ACCEPTING PROPERTY LOCATED AT 425, 427 and 439 FREMONT STREET AND 405 N. GIFFORD STREET BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby accepts the quit claim deed of the County of Kane, as Trustee under the Provisions of the Illinois Revised Statutes, to the City of Elgin for the property commonly known as 425, 427 and 439 Fremont Street and 405 N. Gifford Street and legally described as follows: The west 1/2 of the west 1/2 of the north 1/2 of Lot 3 of T. Schoonhoven's Addition to Elgin, in the City of Elgin, Kane County, Illinois. The east 1/2 of the west 1/2 of the north 1/2 of Lot 3 in T. Schoonhoven's Addition to Elgin in the City of Elgin, Kane County, Illinois. VOLUME LVI AUGUST 14, 1991 512 The north 1/2 of the west 1/2 of the west 3/4 of Lot 2 of T. Schoonhoven's Addition to Elgin, in the City of Elgin, Kane County, Illinois. Lot 5 of T. Schoonhoven's Addition to Elgin, in the City of Elgin, Kane County, Illinois. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: August 14, 1991 Adopted: August 14, 1991 Omnibus Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk Councilwoman Yearman made a motion, seconded by Councilwoman Popple, to adopt the aforementioned resolution. Yeas: Councilmembers Fox, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays None. RESOLUTION AUTHORIZI-NG EXECUTION OF AN AMENDED AGREEMENT WITH CRAWFORD, MURPHY & TILLY, INC. 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 amended agreement on behalf of the City of Elgin with Crawford, Murphy & Tilly, Inc. for engineering services for the Shales Parkway reconstruction project, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: August 14, 1991 Adopted: August 14, 1991 Omnibus Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk 513 AUGUST 14, 1991 VOLUME LVI Councilwoman Yearman made a motion, seconded by Councilwoman Popple, to adopt the aforementioned resolution. Yeas: Councilmembers Fox, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. RESOLUTION APPROVING CHANGE ORDER NO. 1 IN THE CONTRACT WITH CENTRAL BLACKTOP CO., INC. FOR THE SHILOH AVENUE RESURFACING PROJECT WHEREAS, the City of Elgin has heretofore entered into a contract with Central Blacktop Co., Inc. for the Shiloh Avenue resurfacing project; 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. sf George VanDeVoorde George VanDeVoorde, Mayor Presented: August 14, 1991 Adopted: August 14, 1991 Omnibus Vote: Yeas 6 Nays 0 Recorded: Attest: sl Dolonna Mecum Dolonna Mecum, City Clerk Councilwoman Yearman made a motion, seconded by Councilwoman Popple, to pass the aforementioned ordinance. Yeas: Councilmembers Fox, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. VOLUME LVI AUGUST 14, 1991 514 Ordinance No. G50-91 AN ORDINANCE RECLASSIFYING PROPERTY AT 196-200 NORTH EDISON AVENUE WHEREAS, written application has been made to reclassify certain property located at 196-200 North Edison Avenue from B-3 Service Business District to M-1 Limited Manufacturing 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 M-1 Limited Manufacturing District, the following described property: Lots 1 and 2 in Block 2 of Theodore F. Swan's Subdivision of part of the East half of Section 15, Township 41 North, Range 8 East of the Third Principal Meridian, in the City of Elgin, Kane County, Illinois, and Lot 30 in Block 2 of Theodore F. Swan's Subdivision of part of the East half of Section 15, Township 41 'North, Range 8 East of the Third Principal Meridian, 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 515 AUGUST 14, 1991 VOLUME LVI Presented: August 14, 1991 Passed: August 14, 1991 Omnibus Vote Yeas 6 Nays Recorded: Published: Attest: sl Dolonna Mecum Dolonna Mecum, City Clerk Councilwoman Yearman made a motion, seconded by Councilwoman Popple, to pass the aforementioned ordinance. Yeas: Councilmembers Fox, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. AN ORDINANCE RECLASSIFYING PROPERTY AT 333 AND GRANTING A SPECIAL USE FOR Ordinance No. G51-91 WEST RIVER ROAD A PRIVATE SCHOOL WHEREAS, written applicationhas been made to reclassify certain property located at 333 West River Road from B-3 Service Business District to R-4 General Residence District and for a special use for a private school; 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 that the subject property be reclassified and a special use for a private school be granted; and WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and recommendation 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, 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 hereinbefore laid out in the 'Zoning District Map', as amended, be and are hereby altered by excluding from B-3 Service Business VOLUME LVI AUGUST 14, 1991 516 District and including in the R-4 General Residence District the following described property: Part of Fractional Sections 1 and 2, Township 41 North, Range 8 East of the Third Principal Meridian described as follows: Beginning at the intersection of the East line of said Fractional Section 2, being also the West line of said Fractional Section 1, with the South line of a strip of land conveyed to the Northern Illinois Gas Company; thence South 89 degrees 08 minutes West, along said South line, 25.23 feet; thence South 00 degrees 26 minutes > East, parallel with the East line of said Fractional Section 2, being also the West line of Fractional Section 1, a distance of 595.57 feet; thence North 89 degrees 08 minutes East, parallel with the South line of said Northern Illinois Gas Company strip of land, 246.76 feet; thence North 59 degrees 12 minutes 45 seconds East, 335.74 feet; thence North 30 degrees 51 minutes West, 236.05feet thence North 59 degrees 12 minutes 45 seconds East, 241.48 feet; thence North 00" degrees 51 minutes West, 103.17 feet to the South line of the strip of land conveyed to Northern Illinois Gas Company; thence South 89 degrees 08 minutes West, along said South line, 599.37 feet to the place of beginning. Containing 6.665 acres more or less in the City of Elgin, Kane County, Illinois." Section 2. That the City Council of the City of Elgin hereby adopts the findings of fact made by the Land Use Committee granting a special use for a private school, a copy of which is attached hereto as Exhibit A and incorporated herein by reference, subject to the following conditions: 1. Substantial conformance with the site plan prepared by Lamp Incorporated dated May 24, 1991 and revised June 18, 1991 and July 11, 1991 and the petitioner's statement. 2. 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. Section 4. 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 517 AUGUST 14, 1991 VOLUME LVI Presented: August 14, 1991 Passed: August 14, 1991 Omnibus Voter Yeas 6 Nays 0 Recorded: Published:: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk Councilwoman Yearman made a motion, seconded by Councilwoman Popple, to adopt the aforementioned resolution. Yeas: Councilmembers Fox, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. RESOLUTION APPROVING FINAL PLAT FOR SUMMERHILL UNIT 5 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby approves the final plat prepared by Morrison Surveying Co. dated November 26, 1991 for Summerhill Unit 5. Presented: August 14, 1991 Adopted: August 14, 1991 Omnibus Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk s/ George VanDeVoorde George VanDeVoorde, Mayor 0 Councilwoman Yearman made a motion, seconded by Councilwoman Popple, to adopt the aforementioned resolution. Yeas: Councilmembers Fox, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. VOLUME LVI AUGUST 14, 1991 518 RESOLUTION APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Christopher Barry be and is hereby reappointed as a member of the Planning Committee for a term to expire July 1, 1994. BE IT FURTHER RESOLVED that Norman Bartels be and is hereby appointed as a member of the Planning Committee for a term to expire July 1, 1994. BE IT FURTHER RESOLVED that Lee Dillenbeck be and is hereby reappointed as a member of the Land Use Committee for a term to expire July 1, 1994. BE IT FURTHER RESOLVED that James Hallock be and is hereby appointed as a member of the Planning Committee for a term to expire July 1, 1994. BE IT FURTHER RESOLVED that George Wolff be and is hereby appointed as a member of the Land Use Committee for a term to expire July 1, 1994. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: August 14, 1991 Adopted: August 14, 1991 Omnibus Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk Councilwoman Yearman made a motion, seconded by Councilwoman Popple, to adopt the aforementioned resolution. Yeas: Councilmembers Fox, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None.. 519 AUGUST 14, 1991 VOLUME LVI RESOLUTION RELEASING CERTAIN EXECUTIVE SESSION MINUTES OF THE CITY COUNCIL OF THE CITY OF ELGIN WHEREAS, the City Council of the City of Elgin has met from time to time in executive session for purposes authorized by the Illinois Open Meetings Act; and WHEREAS, as required by the Act, the City Clerk has kept written minutes of all such executive sessions; and WHEREAS, pursuant to the requirements of Public Act 85-1355, the City Council has met in closed session to review all closed session minutes; and WHEREAS, they have determined that a need for confidentiality still exists as to a portion of the executive session minutes from the meetings set forth on the schedule attached hereto; and WHEREAS, they have further determined that the remaining portion of the meetings listed no longer require confidential treatment and should be made available for public inspection. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS`: Section 1. The executive session minutes from those meetings set forth on the attached schedule with the exception of those portions requiring continued confidentiality are hereby released. Section 2. The City Clerk is hereby authorized and directed to make said minutes available for'inspection and copying as public records. Section 3. This resolution shall be in full force and effect from and after its passage. sl George VanDeVoorde George VanDeVoorde, Mayor Presented: August 14, 1991 Adopted: August 14, 1991 Omnibus Vote: Yeas 6 Nays 0 Recorded: Attest: sl Dolonna Mecum Dolonna Mecum, City Clerk VOLUME LVI AUGUST 14, 1991 520 Councilwoman'Yearman made a motion, seconded by Councilwoman Popple, to pass the aforementioned ordinance. Yeas: Councilmembers Fox, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Ordinance No. G53-91 AN ORDINANCE AMENDING THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, BY ADDING CHAPTER 2.88 TO PROVIDE FOR A CODE OF STANDARDS FOR MUNICIPAL CONTRACTS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the Elgin Municipal Code, 1976 as amended, be and is further amended by adding Chapter 2.88 entitled "Pecuniary Interests in Contracts" as follows: Chapter 2.88 Pecuniary Interests in Contracts 2.88.010 Prohibition. No municipal officer or employee shall be interested, directly or indirectly, in his own name or in the name of any other person, association, trust or corporation, in any contract, work or business of the municipality, or in the sale of any article, whenever the expense, price or consideration of the contract, work, business or sale is paid either from the treasury or by any assessment levied by any statute or ordinance. No municipal officer or an employee shall be interested, directly or indirectly, in the purchase of any property which (1) belongs to the municipality, or (2) is sold for taxes or assessments,, or (3) is sold by virtue of legal process at the suit of the municipality. 2.88.020 Exemption relating to percentage of owner- ship interest. Any elected or appointed member of the governing body or employee may provide materials, merchandise, property, services or labor, if: A. the contract is with a person, firm, partnership, association, corporation or cooperative association in which such interested member of the 521 AUGUST 14, 1991 VOLUME LVI governing body or employee of the municipality has less than a 71% share in the ownership; and 1 B. such interested member or employee publicly discloses the nature and extent of his interest prior to or during deliberations concerning the proposed award of the contract; and C. the interested member abstains from voting on the award of the contract, through he shall be considered present for the purposes of establishing a quorum; and D. such contract is approved by a majority vote of those members presently holding office; and E. the contract is awarded after sealed bids to the lowest responsible bidder if the amount of the contract exceeds $1,500, but the contract may be awarded without bidding if the amount is less than $1,500; and F. the award of the contract would not cause the aggregate amount of all such contracts so awarded to the same person, firm, association, partnership, corporation, or cooperative association in the same fiscal year to, exceed $25,000. 2.88.030 Exemption relating to monetary amount of contract. In addition to the above exemption, any elected or appointed member of the governing' body or employee may provide materials, merchandise, property, services or labor if: A. the award of the contract is approved by a majority vote of the governing body of the municipality provided that such interested member shall abstain from voting; and B. the amount of the contract does not exceed $2,000; and C. the award of the contract would not cause the aggregate amount of all such contracts so awarded to the same person, firm, association, partnership, corporation, or cooperative association in the same fiscal year to exceed $4,000; and D. such interested member or employee publicly discloses the nature and extent of his interest prior to or during deliberations concerning the proposed award of the contract; and VOLUME LVI AUGUST 14, 1991 522 E. the interested member or employee publicly discloses the nature and extent of his interest prior to or during deliberations concerning the proposed award of the contract. 2.88.040 Exemption relating to interests in public utility companies. A contract for procurement of public utility services by a municipality with a public utility company is not barred by this Section by one or more members of the governing body or an employee being an officer or employee of the public utility company or holding an ownership interest of no more than 7J% in the public utility company. An elected or appointed member of the governing body or an employee having such an interest shall be deemed not to have a prohibited interest under this Section. 2.88.05O Exemptions relating to interests in financial services. Nothing contained in this Section, including the restrictions set forth in subsections (b), (c) and (d), shall preclude a contract of deposit of t monies, loans or other financial services by a municipality with a local bank or local savings and loan association, regardless of whether a member or members of the governing body of the municipality are interested in such bank or savings and loan association as an officer or employee or as a holder of less than 71% of the total ownership interest. A member or members holding such an interest in such a contract shall not be deemed to be holding a prohibited interest for purposes of this Act. Such interested member or members of the governing body must publicly state the nature and extent of their interest during deliberations concerning the proposed award of such a contract, but shall not participate in any further deliberations concerning the proposed award. Such interested member or members shall not vote on such a proposed award. Any member or members abstaining from participation in deliberations and voting under this Section may be considered present for purposes of establishing a quorum. Award of such a contract shall require approval by a majority vote of those members presently holding office. Consideration and award of such contract in which a member or members are interested may only be made at a regularly scheduled public meeting of the governing body of the "- municipality. 523 AUGUST 14, 1991 VOLUME LVI Section 2. That all ordinances or parts thereof in conflict with this ordinance are repealed. Section 3. That this ordinance shall be in full force and effect from and after ten days after its passage and publication in the manner provided by law. sl George VanDeVoorde George VanDeVoorde, Mayor Presented: August 14, 1991 Passed: August 14, 1991 Omnibus Vote:. Yeas 6 Nays 0 Recorded: Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk Councilwoman Yearman made a motion, seconded by Councilwoman Popple, to adopt the aforementioned resolution. Yeas: Councilmembers Fox, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH CLARK DIETZ, INC. FOR WATER DISTRIBUTION SYSTEM IMPROVEMENTS 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 Clark Dietz, Inc. for water distribution system improvements, a copy of which is attached hereto and made a part hereof by reference. sl George VanDeVoorde George VanDeVoorde, Mayor VOLUME LVI AUGUST 14, 1991 524 Presented: August 14, 1991 Adopted: August 14, 1991 Omnibus Vote: Yeas 6 Nays Recorded: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk REPORTS RECEIVED AND ORDERED PLACED ON FILE Committee of the Whole Minutes for July 24, 1991 Liquor Control Commission Minutes for July 3, 1991 Land Use Committee Minutes for July 15, 1991 Parks and Recreation Board Minutes for June 25, 1991 Elgin Image Advisory Commission Minutes for June 24, 1991 Greater Downtown Elgin Commission Minutes for June 6, 1991 Bluff City Cemetery Report for June 1991 Building Permit Report for June 1991 July Disbursement Report Work Management System Report for June 1991 Fire Pension Fund Actuarial Valuation as of 12/31/90 Police Pension Fund Actuarial Valuation as of 12/31/90 Councilman Fox made a motion, seconded by Councilwoman Moylan, to place the above reports on file as published. Yeas: Councilmembers Fox, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Mayor VanDeVoorde made announcements regarding forthcoming meetings. ADJOURNMENT Councilwoman Yearman made a motion, seconded by Councilman Fox, to adjourn the meeting and return to the Committee of the Whole meeting. Yeas: Councilmembers Fox, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Meeting adjourned at 10:17 p.m. Dolonna Mecum, City Clerk VOLUME LVI AUGUST 28, 1991 525 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 August 28, 1991, in the Council Chambers. The meeting was called to order by Mayor VanDeVoorde at 8:06 p.m. The Invocation was given by Reverend Judy Sherk, and the Pledge of Allegiance was led by Councilwoman Popple. ROLL CALL Roll call was answered by Councilmembers Fox, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Absent: Councilman Gilliam. Councilwoman Popple made a motion, seconded by Councilman Fox, to approve the August 14, 1991, Council Minutes as published. Yeas: Councilmembers Fox, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. COMMUNICATIONS Mayor VanDeVoorde stated that he had received a telephone call from Mike Bailey, City Editor of the Daily Courier News, thanking the Police Department for the quality of work it is doing in Lord's Park. Mr. Bailey said that it has made a real difference. Mayor VanDeVoorde also received a communication from Ms. Buttstadt thanking the Police Department for the traffic control work they are doing in the Chicago Street area and the Bureau of Inspection Services for their enforcing the code regarding garbage, etc. Ms. Buttstad stated that these efforts are helping clean up the neighborhood, it is really shaping up, and Chicago Street is looking more and more like the entryway one likes to see. RECOGNITION OF EXPLORER SCOUTS Chief Charles Gruber recognized the excellent performance of the 11 Elgin Explorer Scouts who attended the 1991 Law Enforcement Explorer Conference held in Champaign. Since the inception of the conference in 1982, Elgin has only placed once before --in 1987. This year the Elgin teams did an exceptional job, placed first and second in several categories, and won -a number of trophies. They will also t .-" participate in the national conference to be held at the 526 AUGUST 28, 1991 VOLUME LVI University of South Carolina. Councilmembers congratulated the individual explorer scouts. INTRODUCTION OF CANINE UNIT The Council was introduced to Officer Drago, Elgin's first canine officer, and his handler, Officer Mazzola. Officers Officers Drago and Mazzola recently graduated from Basic Police K-9 School at the Lombard Police Department. Officer Drago has been in the field for 51 weeks. BID AWARDED FOR WATER DISTRIBUTION SYSTEM IMPROVEMENTS Councilwoman Moylan made a motion, seconded by Councilwoman Popple, to award this contract to the overall low bidder, League Sewer Construction, Inc., for a total amount of $1,329,653.00 Yeas: Councilmembers Fox, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. BID AWARDED FOR HANDICAP RAMP CONSTRUCTION Councilman Fox made a motion, seconded by Councilman Walters, to award this contract to the low bidder, Alliance Contractors, in the amount of $24,162.10. Yeas; Councilmembers Fox, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. BID AWARDED FOR TREE REMOVAL Councilman Walters made a motion, seconded by Councilwoman Yearman, to award this contract to the overall low bidder, Fowler Tree Surgery Co., for a total amount of $40,278.00 Yeas: Councilmembers Fox, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. BID AWARDED FOR HEMMENS AUTOMATED TICKET SYSTEM Councilwoman Popple made a motion, seconded by Councilman Fox, to award this contract to Select Ticketing Systems, Inc. for a total amount of $11,980.00 for its PASS Events Management System. Yeas: Councilmembers Fox,, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Councilwoman Popple made a motion, seconded by Councilwoman Moylan, to remove consideration of Petition 15-91 from the table. Yeas: Councilmembers Fox, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. VOLUME LVI AUGUST 28, 1991 527 For the purpose of placing the matter on the table, Councilwoman Yearman made a motion, seconded by Councilman Walters, to approve Petition 15-91, subject to staff recommendations. Yeas: None. 'Nays: Councilmembers Fox, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Councilwoman Yearman made a motion, seconded by Councilwoman Moylan, to pass the aforementioned ordinance. Yeas: Councilmembers Fox, Moylan, Walters, Yearman, and Mayor VanDeVoorde. Nays: Councilwoman Popple. ordinance No. G55-91 AN ORDINANCE GRANTING A SPECIAL USE FOR OFF-STREET PARKING (315 North Weston Avenue) WHEREAS, written application has been made for a special use for the establishment, maintenance and operation of an off-street parking lot at 315 North Weston 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. 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 off-street parking at 315 North Weston Avenue, Elgin, Illinois, legally described as follows: Lot 10 and the South 24 feet of Lot 11 in. Block 7 of Highland Avenue Addition to Elgin, in the City of Elgin, Kane County, Illinois. be and is hereby granted subject to the following conditions: 1. Conformance with the site plan prepared by Metron Engineering Co. and dated February 28, 1991, revised June 26, 1991 and July 11, 1991. 528 AUGUST 28, 1991 VOLUME LVI 2. 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. Section 4. That this ordinance shall be in full force and effect after its passage in the manner provided by law. sl George VanDeVoorde George VanDeVoorde, Mayor Presented: August 28, 1991 Passed: August 28, 1991 Vote: Yeas 5 Nays 1 Recorded: Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk Councilwoman Popple made a motion, seconded by Councilwoman Moylan, to adopt the aforementioned resolutions. Yeas: Councilmembers Fox, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde.. Nays: None. RESOLUTION AUTHORIZING EXECUTION OF AN ANNEXATION AGREEMENT (West Side 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 VOLUME LVI AUGUST 28, 1991 529 WHEREAS, the corporate authorities of the City of Elgin ti 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 Presented: August 28, 1991 Adopted: August 28, 1991 Vote: Yeas 6 Nays 0 Recorded: Attest: sl Dolonna Mecum Dolonna Mecum, City Clerk Councilwoman Moylan made a motion, seconded by Councilwoman Popple, to table the aforementioned resolution. Yeas: Councilmembers Fox, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. 530 AUGUST 28, 1991 VOLUME LVI Councilwoman Moylan made a motion, seconded by Councilwoman Popple, to table the aforementioned resolution. Yeas: Councilmembers Fox, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. , Councilman Walters made a motion, seconded by Councilwoman Yearman, to pass the aforementioned ordinance,. Yeas: Councilmembers Fox, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Ordinance No. S14-91 AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE CITY OF ELGIN (West Side of Randall Road, North of the Northwest Tollway) 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: VOLUME LVI AUGUST 28, 1991 531 The South 1/2 of the Northeast 1/4 and the Southeast 1f4 of the Northwest 1/4, all in `-u Section 30, Township 42 North, Range 8 East of the Third Principal Meridian, in the Township of Dundee, Kane County, State of 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: August 28, 1991 Passed. August 28, 1991 Vote: Yeas 6 Nays 0 Recorded: Published: Attest: sl Dolonna Mecum Dolonna Mecum, City Clerk Councilwoman Yearman made a motion, seconded by Councilman Fox, to pass the aforementioned ordinance. Yeas: Councilmembers Fox, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde, Nays: None. Ordinance No. G59-91 AN ORDINANCE CLASSIFYING CERTAIN NEWLY ANNEXED TERRITORY (West Side of Randall Road, North of. the Northwest Tollway) 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 M-2 General Manufacturing District; and 532 AUGUST 281 1991 VOLUME LVI 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 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 M-2: General Manufacturing District, the following described property: The South 1/2 of the Northeast 1/4 and the Southeast 1/4 of the Northwest 1/4, all in Section 30, Township 42 North, Range 8 East of the Third Principal Meridian, in the Township of Dundee, Kane County, State of 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. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: August 28, 1991 Passed: August 28, 1991 Vote: Yeas 6 Nays 0 Recorded: Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk VOLUME LVI AUGUST 28, 1991 533 Councilwoman Yearman made a motion, seconded by Councilwoman Moylan, to pass the aforementioned ordinance. Yeas: Councilmembers Fox, Moylan, Walters, Yearman, and Mayor VanDeVoorde. Nays: Councilwoman Popple. Ordinance No. G54-91 AN ORDINANCE AMENDING CHAPTER 2.20 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "RESIDENCY REQUIREMENTS FOR CITY OFFICERS" BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Chapter 2.20 of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by amending Section 2.20.010(C) to read as follows: C. "Class II residency" means residency within the geographical area described as follows: Commencing at the intersection of Route 23 and Route 14, proceeding east on Route 14 to Route 120, east on Route 120 to Route 12. South on Route 12 to Route 59. South on Route 59 to Barrington Road. South on Barrington Road to Route 20. East on Route 20 to Gary Avenue. South on Gary Avenue to Route 64. West on Route 64 to Route 59. South on Route 59 to I-88. West on I-88 to Route 30. West on Route 30 to Route 23. North on Route 23 into the City of DeKalb. North out of DeKalb on Anne Glidden Road to Route 72 East on .Route 72 to Route 23. North on Route 23 to Route 14; provided however that such area shall include the corporate boundaries of any cit or village lying partly within and partly without the area described. Section 2.. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 3. That this ordinance shall be in full force and effect from and after its passage and publication in the manner provided by law. sl George VanDeVoorde George VanDeVoorde, Mayor 534 AUGUST 28, 1991 VOLUME LVI Presented: August 28, 1991 Passed: August 28, 1991 Vote: Yeas 5 Nays 3. Recorded: Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk ORDINANCE PASSED ESTABLISHING A CULTURAL ARTS COMMISSION Councilwoman Popple made a motion, seconded by Councilman Walters, to pass the aforementioned ordinance. Yeas: Councilmembers Fox, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Ordinance No. G57-91 AN ORDINANCE ESTABLISHING A CULTURAL ARTS COMMISSION' BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Title 3 entitled Board and Commissions of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by adding Chapter 3.75 to read as follows: Chapter 3.75 Cultural Arts Commission 3.75.010 Cultural Arts Commission created. There is hereby created a Commission, to be known as the Cultural Arts Commission (hereinafter referred to as "Commission"). 3.75.020 Membership; appointment and term of office. The Commission shall consist of nine (9) members, all of whom shall be appointed by the Mayor with the advice and consent of the City Council. A. Seven of` said nine members shall be residents of the City of Elgin who are known to have an interest and expertise in the functions of the Commission and who shall be voting members of the Commission. 1 VOLUME LVI AUGUST 28, 1991 535 B. Two of the members of the said Commission '4 shall be non -voting ex-officio members, one of whom shall be a member of the City Council of the City of Elgin, and the other shall be a member of the Hemmens Advisory Board. 3.75.030 Term of members. A. Upon creation of the Commission and the initial appointment of the residents of Elgin as voting members, two such members shall be appointed for terms of four ( 4 ) years, two members for terms of three (3) years, two members for terms of two (2) years, and one member for a term of one (1) year. B. After the initial appointments as provided above, each subsequent appointment shall be for a term of four (4) years, provided that no Commission member shall serve for more than two full consecutive terms. C. All vacancies occurring in the membership of the Commission shall be 'filled by appointment for the remainder of the unexpired term in the same manner as the original appointment. Each member shall hold office as a member of the Commission until a successor has been appointed. 3.75.040 Meetings; by-laws. A. The Commission shall have the power to adopt its own by-laws and schedule of regular meetings, and determine the place that such meetings shall be held. These rules shall include procedures for the election by the members of a Vice -Chairman and Secretary from among the membership of the Commission, provided that no such officer shall serve for more than two consecutive one-year terms. The Chairman shall be appointed by the Mayor and City Council. B Special meetings of the Commission may be called by the Chairman or any three (3) members provided that notice is given as provided in the Illinois "Open Meetings Act". C. Robert's Rules of Order, Revised, shall govern the procedures of the meetings of the Commission, except as same may be specifically modified by the bylaws of the Commission. 3.75.050 Functions of the Commission. The Cultural Arts Commission shall: 536 AUGUST 28, 1991 VOLUME LVI A. Make recommendations to the City Council of the City of Elgin for the provision of an environment in which the cultural arts will flourish within the corporate limits of the City of Elgin. B. Foster educational opportunities and enhance the quality of life for all of the residents of the City of Elgin by making recommendations to develop arts and cultural programs directed at various age, ethnic, and religious groups. C. Enhance the economic base in the City of Elgin by promotingopportunities to combine arts and economic development. D. Cooperate with the professional city staff to administer all Commission programs and activities. E. Support and foster strong bonds between and among all arts organizations in the community and encourage new arts organizations in a manner which will make the whole considerably stronger than the individual parts, which shall include working cooperatively with other city boards, commissions and committees, and other public and private agencies. F. Apply for grants to support Commission programs and administer and serve as a vehicle for "Regrants" under the rules of the Illinois Arts Council and other agencies. G. Provide a vehicle for publicizing all arts -related events of various organizations as well as community, state or national events related to the arts, and provide a strong public relations program for communicating the Commission's goals and their impact on community life. H. Acts as a resource center and clearing house for information and provide technical assistance to community arts organizations to enable them to improve the effectiveness of grant writing, planning, audience development, identification of sources for funds, and assistance in connection with legal, tax, insurance and liability issues related to arts programs and arts organizations. Section 2. 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 VOLUME LVI AUGUST 28, 1991 537 Presented: August 28, 1991 Passed: August 28, 1991 Vote. Yeas 6 Nays 0 Recorded: Published: Attest: S/ Dolonna Mecum Dolonna Mecum, City Clerk Councilman Walters made a motion, seconded by Councilwoman Moylan, to pass the aforementioned ordinance. Yeas: Councilmembers Fox, Moylan, Poppl , Walters, Yearman, and Mayor VanDeVoorde. Nays: None. ordinance No. G58-91 AN ORDINANCE AMENDING CERTAIN PARKING RESTRICTIONS WITHIN THE CITY OF ELGIN BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Title 11, Chapter 11.60 of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by deleting from the list of one hour parking zones under Section 11.60.083 the following: Fulton 'Street, north side thereof, from South Spring Street to the Chicago and Northwestern Railroad tracks. Section 2. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 3. 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. s/ George VanDeVoorde George VanDeVoorde, Mayor 538 AUGUST 28, 1991 VOLUME LVI Presented: August 28, 1991 Passed: August 28, 1991 Vote: Yeas 6 Nays 0 Recorded: Published: Attest: sl Dolonna Mecum Dolonna Mecum, City Clerk ING Councilman Fox made a motion, seconded by Councilwoman Popple, to adopt the aforementioned resolution. Yeas Councilmembers Fox, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. RESOLUTION AUTHORIZING EXECUTION OF A JOINT AGREEMENT WITH ELGIN SCHOOL DISTRICT U-46 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 joint agreement on behalf of the City of Elgin with Elgin School District U-46 for the construction of a left turn lane at the U-46 transportation facility entrance on Shales Parkway, a copy of which is attached hereto and made a part hereof by reference. Presented: August 28, 1991 Adopted: August 28, 1991 Vote: Yeas 6 Nays 0 Recorded: Attest: sl Dolonna Mecum Dolonna Mecum, City Clerk sl George VanDeVoorde George VanDeVoorde, Mayor A PLAT OF DEDICATION FOR A Councilwoman Moylan made a motion, seconded by Councilman Fox, to adopt the aforementioned resolution. Yeas; Councilmembers Fox, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. VOLUME LVI AUGUST2-8, 1991 539 RESOLUTION ACCEPTING A PLAT OF DEDICATION FOR A PUBLIC STREET (Shales Parkway) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby accepts a certain plat of dedication for a public street prepared by ,lames E. Hengtgen, an Illinois Land Surveyor, and dated August 7, 1991, for a public street for the property legally described as follows: The East 50.0 feet of the following described property: That part of the Northwest Quarter of Section 20, Township 41 North, Range 9 East of the Third Principal Meridian, described as follows: Commencing at the intersection of the South line of State Route Number 19 with the center line of Lovell Road; thence South 07 degrees 20 minutes West along said center line, a distance of 1023.36 feet for the point of beginning; thence continuing South 07 degrees 20 minutes West along said center line, a distance of 268.57 feet to an angle in said center line; thence South 04 degrees 00 minutes West along,; said center line, a distance of 229.58 feet; thence North 86 degrees 33 minutes West a distance of 1001.22 feet; thence North 07 degrees 13 minutes East a distance of 933.80 feet to a point 499.22 feet South of the South line of State Route 19; thence South 78 degrees 33 minutes 35 seconds East a distance of 489.34 feet; thence Southerly and Southeasterly along a curve to the left having a radius of 348.0 feet and tangent to a line perpendicular to the last described course, a distance of 571.57 feet; thence South 82 degrees 40 minutes East, tangent to the last described curve, a distance of 151.97 feet to the point of beginning, in Cook County, Illinois. BE IT FURTHER RESOLVED that the City Clerk be and is hereby authorized and directed to cause said plat of dedication to be filed with the Recorder of Deeds of Cook County, Illinois. sl George VanDeVoorde George VanDeVoorde, Mayor Presented: August 28, 1991 Adopted: August 2,8, 1991 Vote: Yeas 6 Nays 0 Recorded: Attest: sl Dolonna Mecum Dolonna Mecum, City Clerk 540 AUGUST 28, 1991 VOLUME LVI Councilwoman Yearman made a motion, seconded by Councilman Walters, to adopt the aforementioned resolution. Yeas: Councilmembers Fox, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde• Nays: None. RESOLUTION AUTHORIZING EXECUTION OF A MEMORANDUM OF AGREEMENT WITH THE DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION 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 Memorandum of Agreement on behalf of the City of Elgin with the Department of Transportation Federal Aviation Administration for roadway and utility improvements at the Farm Colony property, a copy of which is attached hereto and made a part hereof by reference. sl George VanDeVoorde George VanDeVoorde, Mayor Presented: August 28, 1991 Adopted: August 28, 1991 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk AUTHORIZATION OF PAYMENT TO VARIOUS VENDORS Elgin Public Museum Elgin, IL Boncosky Oil Co. Elgin, IL Graybar Electric Co. Glendale Heights, IL $ 4,000.00 Payment #2 of City's share of Natural Sites Program funding $ 7,804.79 Gasoline for Ann Street Garage $ 8,927.21 Cable, adaptors, and jack assemblies for automatic meter reading system Pulte Home $38,848.40 Reimbursement for Glens Corporation of College Green Hoffman Estates, IL watermain oversizing VOLUME LVI AUGUST 28, 1991 541 Roncon Construction $10,957.00 Reimbursement for Elgin, IL Regency Condominiums watermain oversizing Gluth Bros. $39,333.17 Final payment for Construction upgrading watermain at Woodstock, IL Big Timber and Todd Farm Drive Councilman Walters made a motion, seconded by Councilman Fox, to authorize the above payments. Yeas: Councilmembers Fox, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. CONSENT AGENDA Councilman Fox made a motion, seconded by Councilman Walters, to approve Items No. 20 through 30 by omnibus vote. Yeas: Councilmembers Fox, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Councilman Fox made a motion, seconded by Councilman Walters, to adopt the aforementioned resolution. Yeas: Councilmembers Fox, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. RESOLUTION AUTHORIZING TERMINATION OF THE JOINT CONSULTING AGREEMENT WITH CAMIROS, LTD. 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 notice of termination to Camiros, Ltd. which states that the City of Elgin terminates its consulting agreement with Camiros, Ltd. entered into on August 11, 1986, thirty days from the notice pursuant to Paragraph 9 of said agreement. sl George VanDeVoorde George VanDeVoorde, Mayor 542 AUGUST 28, 1991 VOLUME LVI Presented: August 28, 1991 Adopted: August 28, 1991 Omnibus Voter Yeas 6 Nays Recorded: Attest: s/:Dolonna Mecum Dolohna Mecum, City Clerk Councilman Fox made a motion, seconded by Councilman Walters, to adopt the aforementioned resolution. Yeas: Councilmembers Fox, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. RESOLUTION AUTHORIZING TERMINATION OF THE JOINT CONSULTING AGREEMENT WITH ROSS & HARDIHS 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 notice of termination to Ross & Hardies which states that the City of Elgin terminates its consulting agreement with Ross & Hardies entered into on August 11, 1986, thirty days from the notice pursuant to Paragraph 9 of said agreement. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: August 28, 1991 Adopted: August 28, 1991 Omnibus Vote; Yeas 6 Nays 0 Recorded: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk Councilman Fox made a motion, seconded by Councilman Walters, to adopt the aforementioned resolution. Yeas: Councilmembers Fox, Moylan, Popple, Waiters, Yearman, and Mayor VanDeVoorde. Nays: None. VOLUME LVI AUGUST 28, 1991 543 RESOLUTION REQUESTING PERMIT FROM THE ILLINOIS DEPARTMENT OF TRANSPORTATION TO CLOSE PORTIONS OF STATE ROUTES 19 AND 25 FOR THE ELGIN YOUTH FEST PARADE WHEREAS, the Parks and Recreation Board has applied for and received permission from this Council to stage its Elgin Youth Fest Parade on September 28, 1991, from 12:00 noon until 1:00 p.m., conditioned upon securing permission from the Illinois Department of Transportation to close a portions of State Routes 19 and 25 and detour traffic for such purposes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that immediate application be made to said Department for permission as hereinbefore specified; and BE IT FURTHER RESOLVED that the City assume full responsibility during the time the detour is in effect, and all liabilities for damage of any kind occasioned by the closing of the state routes. It is further agreed that an efficient, all weather detour will be maintained and conspicuously marked for the benefit of traffic deviated from the state routes. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: August 28, 1991 Adopted: August 28, 1991 Omnibus Votes Yeas 6 Nays 0 Recorded: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk Councilman Fox made a motion, seconded by Councilman Walters, to adopt the aforementioned resolution. Yeas: Councilmembers Fox, Moylan, Popple, Walters, Yearman and Mayor VanDeVoorde. Nays: None. 544 AUGUST 28, 1991 VOLUME LVI RESOLUTION AUTHORIZING ACCEPTANCE AND EXECUTION OF A PLAT FOR TEMPORARY AND PERMANENT EASEMENTS FOR WATER MAINS FROM JUDSON COLLEGE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Larry Rice, City Manager, and Dolonna Mecum, City Clerk, be and are hereby respectively authorized and directed to accept and execute a plat for temporary and permanent easements from Judson College for the construction and maintenance of water mains to serve the Riverside Water Treatment Plant, said plat prepared by The Rex Allen Group, P.C. and dated August 3, 1991 and revised August 7, 1991. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to cause the plat to be recorded in the office of the Recorder of Deeds of Kane County, Illinois. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: August 28, 1991 Adopted: August 28, 1991 Omnibus Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk Councilman Fox made a motion, seconded by Councilman Walters, to adopt the aforementioned resolution. Yeas: Councilmembers Fox, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. RESOLUTION APPOINTING EDWARD WHITCOMB AS A MEMBER OF THE BOARD OF HEALTH BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Edward Whitcomb be and is hereby appointed as a member of the Board of Health for a term to expire May 1, 1992. s/ George VanDeVoorde George VanDeVoorde, Mayor VOLUME LVI AUGUST 28, 1991 545 Presented: August 28, 1991 Adopted: August 28, 1991 Omnibus Vote: Yeas 6 Nays 0 Recorded: Attest: sl Dolonna Mecum Dolonna Mecum, City Clerk Councilman Fox made a motion, seconded by Councilman Walters, to adopt the aforementioned resolution. Yeas: Councilmembers Fox, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. RESOLUTION ACCEPTING FOR MAINTENANCE THE UNDERGROUND IMPROVEMENTS AT THE REGENCY CONDOMINIUMS ON SOUTH STREET BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City of Elgin hereby accepts for maintenance the underground improvements, which include 720 feet of 16 inch water main located within the South Street right of way adjacent to the Regency Condominiums, and 690 feet of 8 inch sanitary sewer extended north from Notre Dame Lane to South Street then west along South Street to the west property line. sl George VanDeVoorde George VanDeVoorde, Mayor Presented: August 28, 1991 Adopted: August 28, 1991 Omnibus Vote: Yeas 6 Nays D Recorded: Attest: sl Dolonna Mecum Dolonna Mecum, City Clerk Councilman Fox made a motion, seconded by Councilman Walters, to adopt the aforementioned resolution. Yeas: Councilmembers Fox, Moylan, Popple; Walters, Yearman, and Mayor VanDeVoorde. Nays: None. 546 AUGUST 28, 1991 VOLUME LVI RESOLUTION AUTHORIZING EXECUTION OF A LICENSE AGREEMENT WITH THE CHICAGO AND NORTH WESTERN TRANSPORTATION COMPANY FOR THE CONSTRUCTION, MAINTENANCE AND USE OF A WATER MAIN 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 a license agreement on behalf of the City of Elgin with the Chicago and North Western Transportation Company for the construction, maintenance and use of a water main upon the property and under the track of the Chicago and North Western Transportation Company, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: August 28, 1991 Adopted: August 28, 1991 Omnibus Vote: Yeas 6 Nays Recorded: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk Councilman Fox made a motion, seconded by Councilman Walters, to pass the aforementioned ordinance. Yeas: Councilmembers Fox, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Ordinance No. G56-91 AN ORDINANCE RECLASSIFYING PROPERTY EAST OF RANDALL ROAD BETWEEN FLETCHER DRIVE AND ROYAL BOULEVARD WHEREAS, written application has been made to reclassify certain property located east of Randall Road between Fletcher Drive and Royal Boulevard from B-1 Community Business District to B-3 Service Business District; and VOLUME LVI AUGUST 28, 1991 547 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-1 Community Business District and including in the B--3 Service Business District, the following described property: That part of Section 9, Township 41 North, Range 8 East of the Third Principal Meridian, described as follows: Beginning at the most westerly corner of Fletcher Drive, according to Valley Creek Unit No. 11, being a subdivision of part of said Section 91 being along the southwesterly line of said Fletcher Drive and on the easterly right of way line, as monumented, of Randall Road; thence southeasterly, along said southwesterly line of Fletcher Drive, being along a curve to the right having a radius of 1119.49 feet and a chord bearing of South 70 degrees 00 minutes 46 seconds East, an arc distance of 349.82 feet; thence southeasterly, along said southwesterly line of Fletcher Drive, being along a curve to the right having a radius of 1218.94 feet, tangent to the last described curve, an arc distance of 963.08 feet; thence South 15 degrees 47 minutes 29 seconds East, along said southwesterly line of Fletcher Drive, a distance of 553.40 feet to the northerly line of Royal Boulevard according to Valley Creek Unit No. 9, being a subdivision of part of Sections 9 and 10, township and range aforesaid; thence southwesterly, along the northerly line of Royal Boulevard, according to said Valley Creek Unit No. 9 and according to Valley Creek Unit No. 4, being a subdivision of part of said Section 9, being along a curve to the right having a radius of 5717.45 feet and a chord bearing of South 78 degrees 10 minutes 12 seconds West, an arc distance of 597.08 feet; thence northwesterly, along said northerly line of Royal Boulevard, being along a curve to the right having a radius of 447.47 feet, tangent to the last 548 AUGUST 28, 1991 VOLUME LVI described curve, an arc distance of 394.01 feet; thence northwesterly, along said northerly line of Royal Boulevard, being along a curve to the left having a radius of 1139.00 feet, tangent to the last described curve, an arc distance of 329.33 feet; thence North 64 degrees 36 minutes 46 seconds West, along said northerly line of Royal Boulevard, tangent to the last described curve, a distance of 352.35 feet to the easterly right of way line,, as monumented, of Randall Road; thence northeasterly, along said easterly right of way line, as monumented, of Randall Road, being along a curve to the left having a radius of 15696.13 feet and a chord bearing of North 20 degrees 33 minutes 35 seconds East, an arc distance of 782.84 feet; thence North 19 degrees 07 minutes 53 seconds East, along said easterly right of way line, as monumented, of Randall Road, tangent to the last described curve, a distance of 153.76 feet; thence North 24 degrees 31 minutes 10 seconds East, along said easterly right of way line, as monumented, of Randall Road, a distance of 209.47 feet to a jog in said right of way line; thence South 84 degrees 16 minutes 48 seconds East, along said jog, a distance of 63.08 feet; thence North 45 degrees 22 minutes 11 seconds East, along said easterly right of way line, as monumented, of Randall Road, a distance of 6.89 feet to the point of beginning. Being situated in the City of Elgin, Kane County, Illinois, and containing 34.06 acres more or less." Section 2. That the reclassification of the above described property be and is hereby subject to the following conditions: 1. Direct access to the subject property shall be limited, to Fletcher Drive and Royal Boulevard. 2. Compliance with all applicable codes and ordinances. Section 3. 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 VOLUME LVI AUGUST 28, 1991 549 Presented: August 28, 1991 Passed: August 28, 1991 Omnibus Vote: Yeas 6 Nays Recorded: Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk Councilman Fox made a motion, seconded by Councilman Walters, to adopt the aforementioned resolution. Yeas-: Councilmembers Fox, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. RESOLUTION APPROVING PRELIMINARY PLAT FOR ARGENT'S SUBDIVISION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby approves the preliminary plat prepared by Goss Pasma Design dated July 19, 1991 for Argent's Subdivision. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: August 28, 1991 Adopted: August 28, 1991 Omnibus Vote: Yeas 6 Nays Recorded: Attest: s/ Dolonna Mecum Dolonna Mecum,, City Clerk Councilman Fox made a motion, seconded by Councilman Walters, to adopt the aforementioned resolution. Yeas: Councilmembers Fox, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. 550 AUGUST 28, 1991 VOLUME LVI RESOLUTION APPROVING FINAL PLAT FOR ARGENT'S SUBDIVISION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby approves the final plat prepared by B.A. Fenger dated June 27, 1991 for Argent's Subdivision. sl George VanDeVoorde George VanDeVoorde, Mayor Presented: August 28, 1991 Adopted: August 28, 1991 Omnibus 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 August 14, 1991 Heritage Commission minutes for June 10, June 17, and July 8, 1991 Land Use Committee minutes for August 5, 1991 Planning Committee minutes for July 17, 1991 Planning Committee minutes for July 22, 1991, special meeting Planning Committee minutes for August 14, 1991, special meeting Transportation Operations Report for June 1991 Work Management System Report for July 1991 Building Permit Report for July 1991 Water Department Accounts Receivable Report for July 1991 Sales Tax Revenue Report for May 1991 Councilman Fox made a motion, seconded by Councilwoman Moylan, to place the above reports on file as published. Yeas: Councilmembers Fox, Moylan, Popple, Walters, Yearman, and Mavor VanDeVoorde. Nays: None. Councilman Fox made a motion, seconded by Councilman to adopt the aforementioned resolution. Yeas: Councilmembers Fox, Moylan, Popple, Walters, Yearman, Mayor VanDeVoorde. Nays: None. Walters, and VOLUME LVI AUGUST 28, 1991 551 OVIllinois Department of Transportation Resolution for Maintenance of Streets and Highways By Municipality Under the Illinois Highway Code BE IT RESOVLED, by the Counci 1 of the '(Councilor President and. Board of Trustees) -- City of_ Elgin Illinois, that there is hereby (City, Town cr Village) (Name) appropriated the sum of $ _100, 000.00 of Motor fuel Tax funds for the purpose of maintaining streets and highways under the applicable provisions of the Illinois Highway Code, from January 1, 19 91 to December 31, 19 01- BE IT FURTHER RESOLVED, that only those streets, highways, and operations as listed and described on the ap- proved Municipal Estimate of Maintenance Costs, including supplemental or revised estimates approved in connec- tion with this resolution, are eligible for maintenance with Motor Fuel Tax funds during the period as specified above. BE IT FURTHER RESOLVED, that the Clerk shall, as soon as practicable after the close of fhe period as given above, submit to the Department of Transportation, on forms furnished by said Department, a certified statement showing expenditures from and balances remaining In the account(s) for this period;. and BE IT FURTHER RESOLVED, that the Clerk shall immediately transmit two certified copies of this resolution he.districtoff Ice ofthe .Department ofTransportation, at Schaumburg Illinois. 1, Miss Dolonna Mecum City Mrs. Clerk in and for the (Citr.Town drvivage) of Elgin Countyof Kane hereby certify the foregoing to be a true, perfect and complete copy of a resolution adopted by the — Council atameetingon August 28 ,1991 (Councilor President and eoud of Trustees) 1N TESTIMONY WHEREOF, I have hereunto set my hand and seal this 29th day of Augus t A.D.19 91 (SEAL) s/ Dnlonna Mecum Elgin City Clerk (City. Town or village) APPROVED 19 Department of Transportation District Engineer BLR 4123 (Rev.6/87). IL 494-0354 4. 552 AUGUST 28, 1991 VOLUME LVI 4 RECOGNIZE PERSONS PRESENT Michael Brill of 1990 Royal Boulevard asked whether it was too late for homeowners in the Valley Creek area to do anything about the ordinance which had been passed earlier this evening reclassifying property located on the east side of Randall Road, between Fletcher Drive and Royal Boulevard (Petition 57-91). It is his understanding that a Wal-Mart is to be built on the subject property, and he is concerned about the increased traffic this will bring into the Valley Creek subdivision. Mayor VanDeVoorde stated that the ordinance referred to rezoned the property from B-1 to B-3, which would allow a building to be built on the size and scale of a Wal-Mart Store, and he understands that the owners of the property have been talking to Wal-Mart. He informed Mr. Brill that basically it was too late in that the time to object would have been at the public hearing before the Land Use Committee, for which signs were posted on the property as well as a public notice in the newspaper. He further stated that this property has been zoned for business since it was annexed in 1978, and that Royal Boulevard was a collector street and designed to carry heavy traffic. City Manager Rice also advised Mr. Brill that a lot of effort has been put into trying to influence the potential developer from the standpoint of the sellers of the property and the City's Planning Department --as much as you can do quality if a Wal-Mart Store were to be built there. ANNOUNCEMENTS The mayor made announcements regarding forthcoming meetings, including the Special Committee of the Whole meeting to be held Saturday, September 7, 1991, from 8 a.m. to 12 p.m. He also announced that the September 11, 1991, Committee of the Whole meeting would commence at 6 p.m., rather than 6:30 p.m., in that the Kane County Board members have been invited to meet with the Council at that time. ADJOURNMENT Councilwoman Yearman made a motion, seconded by Councilwoman Popple, to adjourn the meeting and return to the Committee of the Whole meeting. Yeas: Councilmembers Fox, Moylan, Popple, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Me in adjourned at 8:50 p.m. Dolonna Mecum, City'Clerk