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HomeMy WebLinkAboutS6-21 ORDINANCE NUMBER S6-21 AN ORDINANCE APPROVING THE ISSUANCE BY THE CITY OF AURORA, KANE, DUPAGE, WILL AND KENDALL COUNTIES,ILLINOIS OF ITS REVENUE BOND, SERIES 2021 (VNA HEALTH CARE), IN ONE OR MORE SERIES,AND IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $15,000,000 WITH RESPECT TO CERTAIN HEALTH CARE FACILITIES OF VNA HEALTH CARE LOCATED IN THE CITY OF ELGIN, KANE AND COOK COUNTIES, ILLINOIS; AND APPROVING CERTAIN RELATED MATTERS. WHEREAS, the City of Aurora, Kane, DuPage, Will and Kendall Counties, Illinois (the "Issuer") is a home rule unit of government under Section 6(a) of Article VII of the 1970 Constitution of the State of Illinois, and is authorized by its home rule powers to issue its revenue bonds to finance certain facilities; and WHEREAS, pursuant to an ordinance duly adopted by the City Council of the Issuer on March 23, 1976, as supplemented and amended (the "Enabling Ordinance"), the Issuer is authorized to issue its economic development revenue bonds to finance the costs of any "project," as defined in the Enabling Ordinance, for the purposes set forth in the Enabling Ordinance; and WHEREAS, VNA Health Care, an Illinois not-for-profit corporation (the "Corporation"), desires to (i)refinance certain taxable debt (the "Taxable Loan"), the proceeds of which were used to finance or reimburse the Corporation for the costs of certain health care facilities of the Corporation, (ii)pay a portion of the interest on the Bond, if deemed necessary or advisable by the City or the Corporation, and (iii) pay certain expenses incurred in connection with the issuance of the Bond; and WHEREAS, the Issuer, at the request of the Corporation, is expected to issue its City of Aurora, Kane, DuPage, Will and Kendall Counties, Illinois Revenue Bond, Series 2021 (VNA Health Care), in one or more series, and in an aggregate principal amount not to exceed $15,000,000 (the "Bond"); and WHEREAS, a portion of the proceeds of the Bond in a principal amount not to exceed $4,000,000 will be used to refinance a portion of the Taxable Loan, the proceeds of which were used to finance or reimburse the Corporation for certain costs relating to the construction, equipping and furnishing of health care facilities that are situated in the City of Elgin, Kane and Cook Counties, Illinois (the "City of Elgin"); and WHEREAS, such health care facilities are owned or operated by the Corporation, are located on land owned by the Corporation at a street address commonly known as 801 Villa Street, Elgin Illinois (the "Villa Street Facility"); and 1131226 WHEREAS, because a portion of the proceeds of the Bond will be used to refinance the costs of certain of the Corporation's health care facilities located within the boundaries of the City of Elgin, Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"), requires the approval of the issuance of the Bond with respect to such facilities of the Corporation located in the City of Elgin by the City Council of the City of Elgin (the "City Council") as the "applicable elected representative" under Section 147(f) of the Code, after a public hearing following reasonable public notice; and WHEREAS, the Mayor has caused a notice of public hearing with respect to the plan to approve the issuance of the Bond to be published in The Courier-News, a newspaper of general circulation in the City of Elgin, pursuant to Section 147(f) of the Code on May 30, 2021, and the conducted said public hearing at its meeting on June 9, 2021; and WHEREAS, attached hereto as Exhibit A are copies of the publishers' affidavits evidencing publication of the notice of public hearing held by the City Council on May 30, 2021; Now, THEREFORE, Be It Resolved by the City Council of the City of Elgin, Kane and Cook Counties, Illinois, as follows: Section 1. The issuance by the Issuer of the Bond, in one or more series, and in the aggregate principal amount not to exceed $15,000,000 with respect to health care facilities of the Corporation located in the City of Elgin, for the purposes set forth above, is hereby approved. Section 2. The Bond shall never constitute an indebtedness or a loan of credit of the City of Elgin, the State of Illinois or any political subdivision thereof, within the purview of any constitutional or statutory limitation or provision, or a charge against the general credit or the taxing powers, if any, of any of them. No owner of the Bond shall have the right to compel any exercise of the taxing power of the City of Elgin, the State of Illinois or any other political subdivision thereof to pay the Bond or the interest or premium, if any,thereon. Section 3. The approval given herein shall be solely for the purpose of satisfying the requirements of Section 147(f) of the Code. Section 4. All acts of the Mayor, the City Council and the officers, officials, agents and employees of the City of Elgin that are in conformity with the intent and purposes of this Ordinance, whether heretofore or hereafter taken or done, be, and the same are hereby, in all respects, ratified, confirmed and approved. Section 5. All ordinances, resolutions, or parts thereof, in conflict herewith are hereby superseded to the extent of such conflict Section 6. This Ordinance shall be in full force and effect immediately upon its passage and approval. AYES: COUNCILMEMBERS DIXON GOOD MARTINEZ POWELL, RAUSCHENBERGER, SHAW, STEFFEN THOREN AND MAYOR KAPTAIN. NAYS: NONE. ABSENT OR NOT VOTING: NONE. ADOPTED: JuNE 9 2021 APPROVED: JuNE 9 2021 Mayor, Cit of Elfin, Kane and Cook Counties, Illinois ATTEST: I z"e , City Clerk, City o lgin, Kane and Cook Counties, Illinois -3- MINUTES of a public hearing of the City of Elgin, Cook and Kane Counties, Illinois held by the Mayor and City Council at the City Council Chambers of City Hall, 150 Dexter Court, Elgin, Illinois, at 7:00 p.m. on Wednesday, June 9, 2021. David J. Kaptain, the Mayor of the City of Elgin, Cook and Kane Counties, Illinois (the "City"), called the meeting to order as the individual appointed by the City Council, on behalf of the City,to conduct such public hearing. David J. Kaptain presented a copy of the publisher's affidavit, with a newspaper clipping attached, showing the publication on May 30, 2021 of the notice of the public hearing in the The Courier-News, a newspaper of general circulation in the City,which affidavit is on file in the office of the City as part of the permanent record of the City. David J. Kaptain stated that the purpose of the meeting was to conduct a public hearing, pursuant to published notice as required by law, on the proposed issuance by the City of Aurora, Kane,DuPage,Will and Kendall Counties,Illinois(the"Issuer")of its Revenue Bonds Series 2020 (VNA Health Care), in one or more series, in an aggregate principal amount not to exceed $15,000,000 (the"Bonds"), the proceeds of which will be loaned to VNA Health Care, an Illinois not for profit corporation, for the purposes described in said notice. David J. Kaptain then announced that all those interested persons wishing to contend for or protest against the issuance by the Issuer of the Bonds for such purposes, orally or in writing, would be heard and that all such written or oral statements would be considered. All interested persons wishing to speak were then given full opportunity to be heard, the persons so speaking being as follows: NAME ADDRESS None All interested persons wishing to file written statements were given the opportunity to do so,the persons so filing written statements being as follows: NAME ADDRESS None I 2021 Minutes public hearing 4813-9744-4534 v4 1131226 i Written statements had been received and filed by the City Clerk of the City prior to the meeting by the following persons: NAME ADDRESS None Thereupon, after all persons desiring to speak or submit written statements had been permitted to do so, David J. Kaptain stated that the public hearing on the proposed issuance of the Bonds by the Issuer was concluded. DATED: June 9, 2021. DqxAT.lKptain, Mayor, City of Elgin, Kane and Cook Counties, Illinois STATE OF ILLINOIS ) ) SS COUNTY OF KANE ) CERTIFICATION OF AGENDA AND ORDINANCE I, the undersigned, do hereby certify that I am the duly qualified and acting City Clerk of the City of Elgin, Kane and Cook Counties, Illinois (the "City"), and as such official I am the keeper of the official journal of proceedings, books, records, minutes and files of the City and the City Council of the City(the "City Council"). I do further certify that the foregoing is a full, true and complete transcript of Ordinance Number S6-21 entitled: AN ORDINANCE APPROVING THE ISSUANCE BY THE CITY OF AURORA, KANE, DUPAGE, WILL AND KENDALL COUNTIES,ILLINOIS OF ITS REVENUE BOND, SERIES 2021 (VNA HEALTH CARE), IN ONE OR MORE SERIES,AND IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $15,000,000 WITH RESPECT TO CERTAIN HEALTH CARE FACILITIES OF VNA HEALTH CARE LOCATED IN THE CITY OF ELGIN, KANE AND COOK COUNTIES, ILLINOIS; AND APPROVING CERTAIN RELATED MATTERS. I do further certify that the deliberations of the City Council on the adoption of said Ordinance were taken openly; that the vote on the adoption of said Ordinance was taken openly; that said meeting was held at a specified time and place convenient to the public; that notice of said meeting was duly given to all newspapers, radio and television stations and other news media requesting such notice on a day which was not a Saturday, Sunday or legal holiday for Illinois municipalities and not less than 48 hours prior to such meeting; that the agenda for said meeting was posted at the principal office of the City Council and at the location where said meeting was held at least 48 hours in advance of the holding of said meeting; that said agenda described or made specific reference to said Ordinance; that a true, correct and complete copy of said agenda as so posted is attached hereto; that said meeting was called and held in strict compliance with the provisions of the Open Meetings Act of the State of Illinois, as amended, and the Illinois Municipal Code, as amended; and that the City Council complied with all of the provisions of said Act and said Code and with all of the procedural rules of the City Council in the conduct of said meeting. i i IN WITNESS WHEREOF, I hereunto affix my official signature and the seal of the City of Elgin this 9th day of June, 2021. City CQtrk [CITY CLERK TO ATTACH AGENDA] -2- Ilk, ELGIN THE CITY IN THE SUBURBS CITY OF ELGIN, ILLINOIS COUNCIL AGENDA CITY COUNCIL CHAMBERS Regular Meeting 7:00 P.M. June 9, 2021 Call to Order Pledge of Allegiance Roll Call Minutes of Previous Meetings— May 26, 2021 Communications • Juneteenth Proclamation Public Comments Bids- 1. 21-028 Century Oaks Playground Renovation and Installation Project ($292,500) 2. 21-030 Lord Street Basin Combined Sewer Separation Phase 6 ($3,616,763) 3. 21-034 2921 Gifford Park Resurfacing Project ($997,000) 4. Job Order Contract Police Second Floor Locker Room Renovation ($111,596) 5. Job Order Contract Community Development Renovations ($159,087) 6. Joint Purchasing Cooperative 2021 Fleet Purchases ($578,882) Other Business (0) 1. Public Hearing Regarding the Proposed Issuance by the City of Aurora, Kane, DuPage, Will and Kendall Counties, Illinois of its Revenue Bonds, In One or More Series, in an Aggregate Principal Amount Not To Exceed $15,000,000 City Council Agenda —June 9, 2021 Page 2 2. Ordinance Approving the Issuance by the City of Aurora, Kane, DuPage, Will and Kendall Counties, Illinois of its Revenue Bond, Series 2021 (VNA Health Care), in One or More Series, and in an Aggregate Principal Amount Not To Exceed $15,000,000 With Respect to Certain Health Care Facilities of VNA Health Care Located in the City of Elgin, Kane and Cook Counties, Illinois; and Approving Certain Related Matters 3. Resolution Approving Annual Membership Renewal with Metro West Council of Government for May, 2021 to April, 2022 4. Resolution Authorizing Execution of Purchase Agreement with Miand, Inc. d/b/a Mad Bomber Fireworks Productions for the 2021 Fourth of July Fireworks Display *Consent Agenda (C) 1. Resolution Accepting Grant from the Town of Elgin and Authorizing Execution of an Agreement with the Town of Elgin to Provide Social and Recreation Services for Youth Related Programs, Mental Health, and the Poor or Aged to Residents of Elgin Township 2. Resolution Authorizing Execution of an Agreement with Midwest Islamic Center for the Purchase of Burial Spaces at Bluff City Cemetery 3. Ordinance Reclassifying Territory in the PAB Planned Area Business District Established by Ordinance No. G69-98, as Amended by Ordinance No. G14-07 to a New PAB Planned Area Business District (880-900 Summit Street) 4, Ordinance Granting a Map Amendment from Cl Commercial Industrial to PAB Planned Area Business District and Amending Ordinance No. G41-19 which Classified a Territory in the Cl Commercial Industrial District to a PAB Planned Area Business District (955- 1019 East Chicago Street) 5. Ordinance Granting a Conditional Use for an Event Space For Activities Pertaining to Assemblies of People in the CC1 Center City District (200 Prairie Street and 127 S. Grove Avenue) Miscellaneous Business (M) 1. Boards and Commissions Minutes a. Human Relations Commission, May 4, 2021 b. Sustainability Commission, April 13, 2021 C. Committee of the Whole, May 12, 2021 d. City Council Minutes, May 12, 2021 I I City Council Agenda —June 9, 2021 Page 3 2. Various Reports a. Sales Tax Revenue b. Hotel/Motel Tax Revenue C. Telecommunication Tax Revenue d. Motor Fuel Tax Revenue e. Electricity Tax Revenue f. Natural Gas Tax Revenue g. Cannabis Revenue h. Video Gaming Revenue i. Alcoholic Liquor Tax Revenue Announcements Next Committee of the Whole Meeting, Wednesday, June 23, 2021, at 6:00 p.m., in the City Council Chambers Next Regular Meeting of the Elgin City Council, Wednesday, June 23, 2021, at 7:00 p.m. in the City Council Chambers Adjournment *All matters listed under Consent Agenda are considered to be routine and non-controversial by the City Council and will be enacted by one motion and one roll call vote. There will be no separate discussion of these items. If discussion is desired by a Council member or citizen, that item will be removed from the Consent Agenda and will be considered separately immediately after approval of the Consent Agenda. Citizens desiring discussion on any item listed under the Consent Agenda should contact a Council member prior to the meeting and request that the item be removed for discussion. The City of Elgin is subject to the requirements of the Americans with Disabilities Act of 1990. Individuals with disabilities who plan to attend this meeting and who require certain accommodations in order to allow them to observe and/or participate in this meeting, or who have questions regarding the accessibility of the meeting or the facilities, are requested to contact the Human Resources Department at (847) 931-6076 or TT/TDD (847) 931-5616 promptly to allow the City of Elgin to make reasonable accommodations for those persons. STATE OF ILLINOIS ) ) SS COUNTY OF KANE ) CERTIFICATE OF PUBLICATION IN PAMPHLET FORM I, the undersigned, do hereby certify that I am the duly qualified and acting City Clerk of the City of Elgin, Kane and Cook Counties, Illinois (the "City"), and as such official I am the keeper of the official journal of proceedings, books, records, minutes, and files of the City and of the Mayor and City Council of the City(the "City Council"). I do further certify that on the 9th day of June, 2021, there was published in pamphlet form, by authority of the City Council, a true, correct and complete copy of Ordinance Number S6-21 of the City providing for the authorization of the proposed issuance by the City of Aurora, Kane, DuPage, Will and Kendall Counties, Illinois (the "Issuer") of its Revenue Bond, Series 2021 (VNA Health Care), in one or more series, and in an aggregate principal amount not to exceed $15,000,000 (the "Bond") with respect to health care facilities of VNA Health Care (the "Corporation") located in the City, the proceeds of which Bond are to be loaned to the Corporation in order to provide the Corporation with all or a portion of the funds necessary to (i)refinance certain taxable debt (the "Taxable Loan"), the proceeds of which were used to finance or reimburse the Corporation for the costs of certain health care facilities of the Corporation, (ii)pay a portion of the interest on the Bond, if deemed necessary or advisable by the City of Aurora or the Corporation, and (iii) pay certain expenses incurred in connection with the issuance of the Bond, and that said ordinance as so published was on said date readily available for public inspection and distribution, in sufficient number to meet the needs of the general public, at my office as City Clerk located in the City. IN WPrNESS WHEREOF I have affixed hereto my g official signature and the seal of the City this 9th day of June, 2021. ti y Cit erk c3, uaa3 FLU " -2-