S16-04 e.. Ordinance No. S16-04
AN ORDINANCE
AUTHORIZING THE REALLOCATION OF PRIVATE ACTIVITY BONDING AUTHORITY
TO THE ILLINOIS FINANCE AUTHORITY
WHEREAS, the City of Elgin, Cook and Kane Counties, Illinois (the "Municipality"), is a
municipality and a home rule unit of government under Section 6 of Article VII of the 1970
Constitution of the State of Illinois; and
WHEREAS, Section 146 of the Internal Revenue Code of 1986, as amended(the"Code"),
provides that the Municipality has volume cap equal to $80.00 per resident of the Municipality in
each calendar year,which volume cap may be reserved and allocated to certain tax-exempt private
activity bonds; and
WHEREAS,the Illinois Private Activity Bond Allocation Act,30 Illinois Compiled Statutes
1998, 345/1 et seq., as supplemented and amended (the "Act"), provides that a home rule unit of
government may transfer its allocation of volume cap to any other home rule unit of government,the
State of Illinois or any agency thereof or any non-home rule unit of government; and
WHEREAS, the City has available unused year 2004 volume cap in the amount of
$7,723,120 and desires to reallocate such volume cap to the Illinois Finance Authority("IFA")to be
utilized in conjunction with a proposed acquisition and renovation of the property commonly known
as The Mill Apartment Complex located at 1285 Fleetwood Drive, Elgin, Kane County, Illinois.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS:
Section 1. The City of Elgin hereby agrees to reallocate to IFA its unused 2004 private
activity volume bonding cap in the total amount of$7,723, 120 to be utilized in connection with the
proposed acquisition and renovation of the property commonly known as The Mill Apartment
Complex located at 1285 Fleetwood Drive,Elgin,Kane County,Illinois. The City Manager and the
City Clerk shall provide a notice to the Office of the Governor of the reallocation from the City to
WA as provided herein.
Section 2. That the Municipality shall maintain a written record of this Ordinance in its
records during the term that the Bonds or any other such bonds to which such volume cap is
allocated remain outstanding.
Section 3. That the Mayor,the City Clerk and all other proper officers,officials,agents and
employees of the Municipality are hereby authorized,empowered and directed to do all such acts and
things and to execute all such documents and certificates as may be necessary to further the purposes
and intent of this Ordinance.
Section 4. That the provisions of this Ordinance are hereby declared to be separable,and if
any section,phrase or provision of this Ordinance shall for any reason be declared to be invalid,such
declaration shall not affect the remainder of the sections, phrases and provisions of this Ordinance.
Section 5. That all ordinances,resolutions or orders, or parts thereof, in conflict herewith
are, to the extent of such conflict, hereby superseded; and that this Ordinance shall be in full force
and effect upon its adoption and approval.
Ed Schock, Mayor
Presented: April 28, 2004
Passed: April 28, 2004
Omnibus Vote: Yeas: 6 Nays: 0
Recorded: April 29, 2004
Published:
Attest:
1/156-4A-vA—tQ
elk Dolonna Mecum, City Clerk