Loading...
HomeMy WebLinkAboutS1-20 ORDINANCE NUMBER S1-20 AN ORDINANCE APPROVING THE ISSUANCE BY THE CITY OF AURORA, KANE, DUPAGE, WILL AND KENDALL COUNTIES, ILLINOIS OF ITS REVENUE BOND, SERIES 2020 (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 2020 (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 0-03-0-4-Issuance Revenue Bond Series 2020 VNA Health-DN-S1-20 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 Chicago Tribune, a newspaper of general circulation in the City of Elgin, pursuant to Section 147(f) of the Code on February 5, 2020, and the conducted said public hearing at its meeting on February 12, 2020; 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 February 12, 2020; 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. -2- AYES: COUNCILMEMBERS DIXON,GAVIN,LOPEZ, MARTINEZ, POWELL, RAUSCHENBERGER, SHAW, STEFFEN,AND MAYOR KAPTAIN. NAYS:NONE. NAYS: NONE. ABSENT OR NOT VOTING: NONE. ADOPTED: February 12, 2020 APPROVED: February 12, 2020 /A, av, Mayor, City I l:in, Kane and Cook Counties, Illinois ATTEST: :. upESR ✓ 10City Clerk ty of Elgin, Kane and Cook Counties ;irk• ° �`� (lj - { 41, -3- 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 S 1-20 entitled: AN ORDINANCE APPROVING THE ISSUANCE BY THE CITY OF AURORA, KANE, DUPAGE, WILL AND KENDALL COUNTIES, ILLINOIS OF ITS REVENUE BOND, SERIES 2020 (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. IN WITNESS WHEREOF, I hereunto affix my official signature and the seal of the City of Elgin this 14t day of February, 2020. L6dliZei �µ � � Ci Jerk ,;;. ,.. „..„ „..,„. 4,1 lct4,.. .-.. - „ .., [CITY CLERK TO ATTACH AGENDA] -2- ELGIN THE CITY IN THE SUBURBS CITY OF ELGIN, ILLINOIS COUNCIL AGENDA CITY COUNCIL CHAMBERS Regular Meeting 7:00 P.M. February 12, 2020 Call to Order Pledge of Allegiance Roll Call Minutes of Previous Meeting—January 22, 2020 Public Comments Bids - None Other Business (0) 1. Consideration of Petition 39-19; 13 N. State Street — Planned Development as a Conditional Use to Establish Two Upper Floor Residential Units within an Existing Two- Story Building 2. 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 3. Ordinance Approving the Issuance by the City of Aurora, Kane, DuPage, Will and Kendall Counties, Illinois of its Revenue Bond, Series 2020 (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 4. Resolution Authorizing Execution of an Agreement with Industrial/Organizational Solutions, Inc. for Police Lieutenant Exam Testing Services in Connection with the Design of Police Lieutenant and Assessment Center Project City Council Agenda — February 12, 2020 Page 2 **Consent Agenda (C) 1. Resolution Authorizing Execution of a License Agreement with Dacra Tech, LLC for the Purchase of an E-Citation Adjudication Management System 2. Resolution Authorizing Execution of an Agreement with Digicom, Inc. for the Purchase of Automated Fire Station Alerting System Hardware Replacement 3. Resolution Releasing Certain Executive Session Minutes of the City Council of the City of Elgin 4. Resolution Authorizing Execution of a Sales Agreement with Stephen M. Kite, Jr. for Transfer of a Retired Police Canine 5. Resolution Approving Settlements of Certain Claims 6. Ordinance Amending Chapter 2.57 of the Elgin Municipal Code, 1976, as Amended, Entitled "Auxiliary Police Officer" 7. Ordinance Correcting a Scrivener's Error in Ordinance G54-19 an Ordinance Amending PCF Planned Community Facility District Ordinance No. G25-01 (453 Fremont Street and 454 Hickory Place) Miscellaneous Business (M) A. Minutes for Various Boards and Commissions a. Foreign Fire Insurance Tax Board, January 27, 2020 b. Human Relations Commission January 7, 2020 c. Parks and Recreation Advisory Board, October 29, 2019 d. Planning and Zoning Commission, November 4, 2019 e. Retiree Health Insurance Trust, November 4, 2019 f. Committee of the Whole Minutes for January 8, 2020 g. City Council Minutes for January 8, 2020 B. Various Reports a. Sales Tax Revenue b. Electricity Tax Revenue c. Natural Gas Tax Revenue d. Motor Fuel Tax Revenue e. Telecommunications Tax Revenue f. Alcoholic Liquor Tax Revenue g. Video Gaming Tax Revenue City Council Agenda — February 12, 2020 Page 3 Announcements Next Committee of the Whole Meeting, Wednesday, February 26, 2020, at 6:00 p.m., in the City Council Chambers Next Regular Meeting of the Elgin City Council, Wednesday, February 26, 2020, 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 14th day of February, 2020, there was published in pamphlet form, by authority of the City Council, a true, correct and complete copy of Ordinance Number S1-20 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 2020 (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 WITNESS WHEREOF I have affixed hereto my official signature and the seal of the City this 14th day of February, 2020. (" t beiZei• Ci lerk -2- NOTICE OF PUBLIC HEARING Public Notice is hereby given that a public hearing, as required by Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"), will be held by the City Council of the City of Elgin,Kane and Cook Counties,Illinois(the"City of Elgin")on February 12, 2020,at 7:00 p.m., local time, or as soon thereafter as the matter can be heard, at the City Council Chambers in City Hall located at 150 Dexter Court, Elgin, Illinois,regarding the proposed issuance by the City of Aurora,Kane,DuPage, Will and Kendall Counties,Illinois(the"City of Aurora")of its revenue bonds, in one or more series, in an aggregate principal amount not to exceed $15,000,000 (the "Bonds"). The proceeds of the Bonds will be loaned to VNA Health Care,an Illinois not for profit corporation(the "Corporation"). The Corporation will apply the proceeds of the Bonds,together with other available funds,(a)to 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, (b)to pay a portion of the interest on the Bonds, if deemed necessary or advisable by the City of Aurora or the Corporation, and (c)to pay certain expenses incurred in connection with the issuance of the Bonds (collectively, the "Financing Purposes"). The health care facilities to be refinanced with proceeds of the Bonds are located at the following addresses and include, but are not limited to, the facilities described below. (a) Facilities situated in the City of Aurora, Illinois. A portion of the proceeds of the Bonds will be used to refinance costs relating to the construction, renovation, equipping and furnishing of health care facilities located at 400 N. Highland Avenue, Aurora, Illinois (the "Highland Avenue Facility"). Not more than $4,500,000 of the principal amount of the Bonds will be used for the Highland Avenue Facility. A portion of the proceeds of the Bonds will be used to refinance costs relating to the construction, equipping and furnishing of health care facilities located at 1400 Indian Avenue, Aurora, Illinois (the "Indian Avenue Facility"). Not more than $5,500.000 of the principal amount of the Bonds will be for used the Indian Avenue Facility. (b) Facilities situated in the City of Elgin, Illinois. A portion of the proceeds of the Bonds will be used to refinance costs relating to the construction, equipping and furnishing of health care facilities located at 801 Villa Street, Elgin, Illinois (the "Villa Street Facility"). Not more than $4,000,000 of the principal amount of the Bonds will be used for the Villa Street Facility. (c) Facilities situated in the Village of Romeoville, Illinois. A portion of the proceeds of the Bonds will be used to refinance costs relating to the construction,equipping and furnishing of health care facilities located at 160 N. Independence Blvd, Romeoville, Illinois (the "Independence Blvd Facility"). Not more than $3,000,000 of the principal amount of the Bonds will be used for the Independence Blvd Facility. 0-02-0-3-Issuance Revenue Bond Series 2020 VNA Health-Notice-DN-S1-20 1131226 All property and facilities to be financed, refinanced or reimbursed with the proceeds of the Bonds has been or will be owned and operated by the Corporation. The Bonds and the interest thereon shall not constitute an indebtedness of the City of Elgin, the City of Aurora, the State of Illinois or any political subdivision thereof or a loan of credit or a charge against the general credit or taxing power of any of them, within the meaning of any constitutional or statutory provision. No owner of the Bonds shall have the right to compel the taxing power of the City of Elgin, the City of Aurora, the State of Illinois or any political subdivision thereof to pay the principal of, premium, if any, or interest on the Bonds. Interested persons wishing to express their views on the issuance of the Bonds or on the nature and location of the projects proposed to be financed, refinanced or reimbursed may attend the public hearing or,prior to the time of the hearing, submit written comments. Additional information concerning the above matter may be obtained from and written comments should be addressed to the City Clerk of the City,at City Hall, 150 Dexter Court,Elgin, Illinois, on or before February 12, 2020. NOTICE DATED: February 5, 2020. 2