Beruflich Dokumente
Kultur Dokumente
2. Roll Call.
3. Pledge of Allegiance.
4. Moment of Silence.
5. Minutes of the Goal Setting Sessions: June 23, June 24, July 18, and July 19,
2017.
Documents:
Documents:
MINUTES 072417.PDF
9. Proclamation declaring August 13 through August 19, 2017 as Rock Island Clown
Appreciation Week.
Documents:
10. An Ordinance authorizing the issuance of two series of unlimited tax General
Appreciation Week.
Documents:
10. An Ordinance authorizing the issuance of two series of unlimited tax General
Obligation Bonds, Series 2017A for the financing of roadway improvement
projects at an estimated cost of $2,500,000 and refunding of all or a portion of the
outstanding General Obligation Bonds, Series 2008A and 2009B and Series
2017B for the refunding of all or a portion of the outstanding General Obligation
Bonds, Series 2008B and 2009A.
Note: A second reading will be held on Monday, August 28, 2017 for final
consideration.
Documents:
11. Claims
Documents:
Documents:
12. Claims for the weeks of July 21 through July 27 in the amount of $479,299.00, July
28 through August 3 in the amount of $357,032.67, and August 4 through August
10 in the amount of $634,484.67; and payroll for the weeks of July 17 through July
30 in the amount of $1,542,737.52.
Documents:
13. ACH Payments for the month of July in the amount of $3,400,157.01.
Documents:
14. Purchase Card Claims for the period from June 27 through July 26, 2017 in the
amount of $63,051.97.
Documents:
15. Report from the Information Technology Department regarding bids for the
installation of ten (10) security cameras in and around the area of Glenhurst
Court, recommending the bid be awarded to Tri-City Electric Co. of Davenport, IA
in the amount of $37,055.00.
Documents:
Documents:
17. Report from the Community and Economic Development Department regarding
Documents:
17. Report from the Community and Economic Development Department regarding
the sale of City-owned property at the northwest corner of IL 92 and Andalusia
Road to Casey's Retail Company for $50,000.00.
Documents:
18. Report from the Community and Economic Development Department regarding
an incentive agreement and purchase agreement with Rock Island Coffee for the
purchase of City-owned property at 2711 18th Avenue for the appraised price of
$5,500.00.
Documents:
19. Report from the Community and Economic Development Department regarding a
development agreement with Saratoga Capital LLC for the development of the
property commonly known as the VanDerGinst / Riverview Lofts / Best Building.
Documents:
20. Report from the Community and Economic Development Department regarding a
pilot program and agreement with the Illinois Department of Revenue for City
Inspection staff to conduct LC-13 Liquor Compliance Field Inspections.
Documents:
Documents:
22. Report from the Finance Department regarding an adjustment to the CY 2017
Budget, recommending increasing the Community Development Block Grant
Fund budget by $43,000.00.
Documents:
23. Report from the Finance Department regarding an adjustment to the CY 2017
Budget increasing the Columbia TIF #5 Fund by $15,000.00.
Documents:
24. Report from the Finance Department regarding an adjustment to the CY 2017
Budget, recommending increasing the Community Economic Development Fund
by $3,070.40 through a transfer from the Gaming Fund.
Documents:
25. Report from the Finance Department regarding an adjustment to the CY 2017
Budget, recommending increasing the Wastewater Operation & Maintenance
Fund by $1,466,348.61; the Solid Waste Fund by $6,718.92; the Fleet Services
Fund by $125,545.86; and the Park & Recreation Fund by $47,192.83.
Documents:
26. Report from the Community and Economic Development Department regarding a
policy change for the 2018 Gaming Grant Funds reducing the maximum amount
request from $10,000.00 to $8,000.00.
Documents:
27. Report from the Community and Economic Development Department regarding
the establishment of a revenue account by the City Finance Department
designated for the Arts Advisory Committee.
Documents:
28. Report from the Community and Economic Development Department regarding
the creation of a Rock Island Public Art Maintenance Policy.
Documents:
29. Report from the Public Works Department regarding the surplus of vehicles and
equipment, recommending that the items be declared as surplus.
Documents:
30. Report from the Public Works Department regarding a request to disband the
Water Resources Advisory Committee.
Documents:
31. Report from the Fire Department regarding a request from the Rock Island
Firefighters Association, IAFF Local 26, to utilize the intersection of 30th Street
and 18th Avenue on Friday, September 1st from 3:00 p.m. to 7:00 p.m., Saturday,
September 2nd and Sunday, September 3rd from 10:00 a.m. to 1:00 p.m. for their
annual Muscular Dystrophy Association "Fill the Boot" fundraising campaign.
Documents:
32. Report from the Traffic Engineering Committee regarding a request for the
installation of a handicapped parking space at 2735 8 1/2 Avenue.
Documents:
Motion: Motion whether or not to approve the request as
recommended and refer to the City Attorney for an
ordinance.
Documents:
33. Report from the Mayor regarding Reappointments and Appointments to the Water
Pollution Control Board, the Stormwater Board of Appeals, the Ethics
Commission, and the Human Rights Commission.
Documents:
34. Report from the City Clerk regarding an Activity Permit application for the St.
Patrick's Day Parade to be held on Saturday, March 17, 2018 beginning at 11:30
a.m. and a Resolution authorizing the use of a portion of 15th Street from 2nd
Avenue to the Centennial Bridge.
Documents:
35. Report from the City Clerk regarding an Activity Permit application from the
Cornbelt Running Club to hold their 29th annual Nancy Kapheim Memorial Classic
5K and 10K Run on Sunday, October 1, 2017 beginning at 8:00 a.m.
Documents:
a. Report from the City Clerk regarding a request for Sound Amplification from
Augustana College for a concert to be held on Saturday, August 19, 2017
from 9:00 p.m. to 10:30 p.m. in the campus Lower Quad at 3435 9 1/2 Street.
Documents:
Documents:
b. Report from the City Clerk regarding a request for a street closing at 9th
Street between 6th Avenue and 7th Avenue; along with a sound amplification
permit for the Rock Island County NAACP Community Day Celebration and
Resource Fair to be held on Saturday, September 9, 2017 from noon to 4:00
p.m. at the Martin Luther King Center at 630 9th Street.
Documents:
c. Report from the City Clerk regarding a request from Matt Stoefen for a street
closing of 22nd Street between 16th Avenue and 17th Avenue for the Highland
Park Historic Neighborhood Association Block Party to be held on Sunday,
September 24, 2017 from 3:00 p.m. to 6:00 p.m.
Documents:
d. Report from the City Clerk regarding a request from Breanna Harris for a
street closing of 8th Street between 6th Avenue and 7th Avenue for a birthday
party to be held on Saturday, October 7, 2017 from 7:00 a.m. to 7:00 p.m.
Documents:
This agenda may be obtained in accessible formats by qualified persons with a disability by
making appropriate arrangements from 8:00 am to 5:00 pm, Monday through Friday, by contacting
City Clerk Judith Gilbert at (309) 732-2010 or visiting in person at: 1528 Third Avenue, Rock
Island, IL 61201.
CITY OF ROCK ISLAND June 23, 2017
CITY COUNCIL MEETING-GOAL SETTING MINUTES
The Rock Island City Council met at 1:00 p.m. at the Rock Island Police Station at 1212 5th
Avenue, Rock Island, Illinois for day one of their annual Goal Setting session. Present were
Mayor Mike Thoms presiding, and Aldermen Ivory D. Clark, Virgil J. Mayberry, James
Spurgetis, Stephen L. Tollenaer, Dylan Parker, Joshua Schipp, and Dave Geenen. Also present
were City Manager Randy Tweet, Human Resources Director John Thorson, City Attorney Dave
Morrison and Lyle Sumek, Group Facilitator of Sumek and Associates.
Mayor Thoms said he appreciated everyone taking the time to do Goal Setting. They are building
the future for the City and he hopes they will get a lot accomplished.
Mr. Sumek and Council reviewed various major accomplishments (successes) that were
identified by staff and Council members in the past year, some of which included; new
procedures and processes to ensure continued receipt of CDBG funds; the relationship with
Augustana College; funding agreements with various organizations; neighborhood engagement
plan; inventory of commercial districts; Government Finance Officers Association (GFOA)
award for Excellence in Financial Reporting (audit report); GFOA Distinguished Budget
Presentation award; review and amendment of financial policies; restructured staffing of
Customer Service and Accounting Divisions in the Finance Department; participation by the Fire
Department in two full-scale exercises in 2016; continued improvements in patient care resulting
in increase of survival rates of patients in cardiac arrest and improved outcomes in patients with
stroke or heart attack by the Fire Department; adoption of an ordinance requiring electronic
submission of Fire Department inspection reports; upgrade of patient care reporting (PCR)
software by the Fire Department; savings of $378,000 in 2017 health insurance premiums; the
onsite Wellness Center; the Benefit and Wellness Fair; key staff hires for new Fire Chief, Parks
and Recreation Director, Martin Luther King Center Director, Finance Director, Community and
Economic Development Director, and City Clerk; FOP union negotiations; City website
redesign; video expansion (camera projects); telecommunications consolidation; IT customer
satisfaction survey; renegotiated library service contract with Milan-Blackhawk Area Public
Library District; completion of Library master plan; contract with Midwest Writing Center for
rental of space at Main Library; rejoining the PrairieCat Consortium for library services;
updating of the MLK Center strategic plan; implementation of the Family Advocacy Center at
the King Center; hosting of a legislative breakfast at the King Center; increase in revenue from
grants and rentals at the MLK Center; reorganization of the Parks and Recreation Department;
community meetings and roundtable discussions regarding the Parks and Recreation Department;
creation of facility/program/event review for the Parks and Recreation Department;
establishment and success of the Friends of Hauberg Civic Center and Friends of Douglas Park;
outdoor pickle ball facility; purchase and implementation of body cameras by the Police
Department; Community Crime Prevention Partnership monthly meetings; creation of DEA task
force position; Police Department community engagement programs; completion of the Water
Treatment Plant Filter Building design; completion of the 6th Avenue Relief Sewer (Long Term
Control Plan) project; completion of the Farmall Storage Tank (LTCP) project; and in-house
completion of various street projects at lower cost than outsourcing.
Mr. Sumek suggested putting City successes on the website with pictures and video.
CITY OF ROCK ISLAND June 23, 2017
CITY COUNCIL MEETING-GOAL SETTING MINUTES
Council then reviewed each element of the City Vision that was created last year and chose the
elements of what they wanted to see in 2032.
Council created a new Vision for Rock Island: Rock Island is a Growing City with a Vibrant
Downtown and Livable Neighborhoods. Rock Island respects Diversity and History. Our
Citizens enjoy Quality Homes and Places for Enjoyment and Fun.
_________________________
Judith H. Gilbert, City Clerk
CITY OF ROCK ISLAND June 24, 2017
CITY COUNCIL MEETING-GOAL SETTING MINUTES
The Rock Island City Council met at 8:30 a.m. at the Rock Island Police Station at 1212 5th
Avenue, Rock Island, Illinois for day two of their annual Goal Setting session. Present were
Mayor Mike Thoms presiding, and Aldermen Ivory D. Clark, Virgil J. Mayberry, James
Spurgetis, Stephen L. Tollenaer, and Dylan Parker. Also present were City Manager Randy
Tweet, Human Resources Director John Thorson, City Attorney Dave Morrison and Lyle
Sumek, Group Facilitator of Sumek and Associates. Alderman Dave Geenen arrived at 8:45 a.m.
and Alderman Joshua Schipp arrived at 8:49 a.m.
Mr. Sumek reviewed the agenda and process for the day. He said they probably will not finish
reviewing the priorities for the next year, but he will be back in the area and they can continue
the process at a later date. There is a lot of information to cover and being a new Council, they
need to set their own pace. They are framing the issues; it is a planning session.
Mr. Sumek reviewed the revised Vision created by Council during the first day of Goal Setting:
Rock Island is a Growing City with a Vibrant Downtown and Livable Neighborhoods. Rock
Island respects Diversity and History. Our Citizens enjoy Quality Homes and Places for
Enjoyment and Fun.
Mr. Sumek distributed the Goals for 2022 from the Strategic Plan: 1) Financially sound City
providing high quality service and infrastructure; 2) Expanding local economy; 3) Revitalization
of strategic locations; and 4) Increase population through livable neighborhoods.
Council reviewed the objectives or outcomes, the challenges and opportunities, and 2017-2018
actions for the first three goal statements; and then selected the priorities for the objectives or
outcomes, the challenges and opportunities, and 2017-2018 actions for the first three goal
statements.
Human Resources Director John Thorson presented his report on bringing the legal department
in-house. The staff recommendation is to continue with contracted legal services which is more
cost effective. Discussion followed.
Mr. Sumek proposed continuing Goal Setting over two evenings in July. Governance issues will
also be discussed at that time.
Council members made concluding remarks about the goal setting process.
Note: Alderman Mayberry left at noon and returned at 12:38 p.m. Alderman Tollenaer left at
12:23 p.m. due to illness.
A motion was made by Alderman Schipp and seconded by Alderman Parker to adjourn the
meeting. The motion carried by the following Aye and No vote; those voting Aye being;
Alderman Clark, Alderman Mayberry, Alderman Spurgetis, Alderman Parker, Alderman Schipp,
and Alderman Geenen; those voting No, none. The meeting was adjourned at 3:47 p.m.
____________________________
Judith H. Gilbert, City Clerk
CITY OF ROCK ISLAND July 18, 2017
CITY COUNCIL MEETING-GOAL SETTING MINUTES
The Rock Island City Council met at 4:00 p.m. in the Human Resources Conference Room of
Rock Island City Hall for the third meeting of their annual Goal Setting session. Present were
Mayor Mike Thoms presiding, and Aldermen Virgil J. Mayberry, Stephen L. Tollenaer, Dylan
Parker, and Ivory D. Clark. Also present were City Manager Randy Tweet, Human Resources
Director John Thorson, City Attorney Dave Morrison and Lyle Sumek, Group Facilitator of
Sumek and Associates. Alderman Dave Geenen arrived at 4:04 p.m. Alderman James Spurgetis
arrived at 4:05 p.m. Alderman Joshua Schipp arrived at 4:49 p.m.
Mayor Thoms began the session with his opening remarks. He encouraged Council to think
fiscally responsible; the budget is tight. He said he hopes money spent will bring a return back to
the City; they still must invest in the future. However, when prioritizing for the future, think
about what will get the City the best return for the Citys money.
Lyle Sumek reviewed the summaries for the Vision and the five year plan. He explained the
process for the nights session.
Council reviewed individual statements for and selected priorities for the objectives or outcomes,
the challenges and opportunities, and 2017-2018 actions for the fourth goal statement: Increase
population through livable neighborhoods.
Following discussion, Council selected their priorities for the coming year, ranking them into top
priorities and high priorities. Council also selected management priorities for the next year.
1. Downtown Plan
2. Downtown Streetscape Standards
3. Revenue Manual/Debt Collection
4. Police/Fire Pensions
5. Gaming Revenues
6. 9-1-1 Communications Center
7. King Center Board Expansion
8. Wastewater Treatment Plant Expansion: Equipment Rehabilitation/Replacement
9. Building/Fire Codes: Update
Lyle Sumek stated that staff will develop action plans for the priorities tomorrow at their session.
At tomorrow nights session, Council will review and discuss governance issues.
City Manager Tweet asked for clarification on the Solar Power Policy and Program item.
Note: Alderman Mayberry left at 4:45 p.m. and returned at 5:55 p.m.
____________________________
Judith H. Gilbert, City Clerk
CITY OF ROCK ISLAND July 19, 2017
CITY COUNCIL MEETING-GOAL SETTING MINUTES
The Rock Island City Council met at 4:00 p.m. in the Human Resources Conference Room of
Rock Island City Hall for the fourth meeting of their annual Goal Setting session. Present were
Mayor Mike Thoms presiding, and Aldermen Virgil J. Mayberry, James Spurgetis, Stephen L.
Tollenaer, Dylan Parker, Dave Geenen, Ivory D. Clark. Also present were City Manager Randy
Tweet, Human Resources Director John Thorson, City Attorney Dave Morrison and Lyle
Sumek, Group Facilitator of Sumek and Associates. Alderman Joshua Schipp arrived at 4:21
p.m.
Lyle Sumek briefly reviewed the draft of the Strategic Plan he distributed. He reminded Council
that the Strategic Plan is an ongoing process and varies from year to year. He also said that bond
agencies review a municipalitys strategic plan, including continuity and results.
The following were briefly reviewed: the revised Rock Island Vision 2032; the Sustainable City
model; the City of Rock Island Goals 2022; the Action Agenda 2017 2018; the Policy Agenda
2017 2018 priorities; and the Management Agenda 2017 2018 priorities.
For each of the four City Goals, the Action Plan for each Priority was reviewed and clarified.
Mr. Sumek and Council discussed various governance issues: Mayor and Council protocol
operating guidelines including communications between Mayor, Council, City Manager, and
staff; representation of the City by elected officials; and email. They also discussed a pay
increase for Council; policy for Councils budget; frequency and format of study sessions and
Council meetings; and Boards and Commissions vacancies and attendance policies.
Mr. Sumek commended Council for the work they have accomplished during the goal setting
sessions. Council thanked Mr. Sumek for his work.
Note: Alderman Mayberry left at 5:03 p.m. and returned at 5:31 p.m. Alderman Geenen left at
7:46 p.m.
Alderman Schipp moved and Alderman Spurgetis seconded to adjourn the meeting. The motion
carried by the following Aye and No vote: those voting Aye being; Alderman Mayberry,
Alderman Spurgetis, Alderman Tollenaer, Alderman Parker, Alderman Schipp, and Alderman
Clark; those voting No, none. The meeting was adjourned at 8:24 p.m.
_________________________
Judith H. Gilbert, City Clerk
CITYOFROCKISLAND
CITYCOUNCILMEETING
Present: Mayor Thoms; Aldermen Mayberry, Spurgetis, Tollenaer, Geenen, and Clark.
Note: Alderman Parker arrived at 6:02 p.m. and Alderman Schipp arrived at 6:06 p.m.
Staff: City Manager Randy Tweet, Finance Director Stephanie Masson, City Clerk Judith Gilbert, Hector
Lareau for City Attorney Dave Morrison, and other City staff.
FINANCE:CITYINVESTMENTPOLICY
Finance Director Stephanie Masson distributed two documents: the City's current investment policy and a draft
of Ms. Masson's recommended investment policy. Ms. Masson explained there are three City Investment
Policies for: 1) Police Pension Fund; 2) Firefighters Pension Fund; and 3) City of Rock Island. She explained
pensionfundsaregovernedbytheirboardsandareforthepaymentofbenefitsinthefuture.TheCity'sfunds
are for the management of the day to day operations of the City. She encouraged Council to look in their
Budget books for the section on the City Investment Policy. Any changes will require Council approval. The
Government Finance Officers Association (GFOA) publishes "Best Practices" for investment policies. The
CitymustalsocomplywiththeIllinoisCompiledStatutes(ILCS).Thereisalsoacompliancereviewdoneby
the City's auditors to ensure adherence to the City's Investment Policy. For the 2016 Audit, the auditors noted
there was one area where the City was not compliant with its investment policy in the matter of internal controls.
Ms.MassonreadastatementfromtheGFOAregardinginvestmentpolicy:"Aninvestmentpolicydescribesthe
parametersforinvestinggovernmentfundsandidentifiestheinvestmentobjectives,preferences,ortolerancefor
risk, constraints on the investment portfolio, and how the investment program will be managed and
monitored.Itdemonstratesacommitmenttothefiduciarycareofpublicfunds."
ShethenreviewedtheitemsrecommendedbytheGFOA'sBestPracticestobeincludedinacityinvestment
policy:scopeandinvestmentobjectives(whatfundsarecoveredandwhatisyourgoalforthefunds);roles,
responsibilities,andstandardofcare(whohasmanagementandoversightandthe"prudentperson"standard);
suitable and authorized investments (that meet ILCS requirements); investment diversification; safekeeping,
custody,andinternalcontrols;authorizedfinancialinstitutions,depositories,brokers/dealers(alistofinstitutions
and professionals); risk and performance standards (tolerance for risk, benchmarks for rate of return); and
reportinganddisclosurestandards.
Ms. Masson read a statement from the GFOA regarding collateralizing public deposits: "The safety of public
funds should be the foremost objective in public fund management. Collateralization of public deposits
isthroughthepledgingofappropriatesecuritiesorotherinstruments.Theamountofpledgedcollateralis
determined by a government entity's deposit level." She said the GFOA also has a best practice for
collateralizing public deposits; they recommend a minimum of 102% collateral. She explained that collateralizing
deposits is expensive; the city's current requirement is 110% collateralization. Ms. Masson explained
collateralization in more detail and said the cost of collateralization of deposits is passed through banking fees
and is expensive.
Ms. Masson discussed the three state statutes that govern the management of local government investments.
She reviewed the highlights of the Public Investment Act with regard to Authorized Investments, Investment
Policy, and consideration of a financial institution's commitment to the community or CRA rating (Community
Reinvestment Act). Deposits must be collateralized because the FDIC only insures deposits up to $250,000.
The City may have cash on hand of $25 million in all accounts. The City uses the Public Treasurer's Investment
Pool. Ms. Masson explained that the prudent person standard of care means managing the portfolio as if it
were your own. This standard applies to the City Treasurer and any professionals managing the City's
She reviewed the highlights of the Public Investment Act with regard to Authorized Investments, Investment
Policy, and consideration of a financial institution's commitment to the community or CRA rating (Community
Reinvestment Act). Deposits must be collateralized because the FDIC only insures deposits up to $250,000.
The City may have cash on hand of $25 million in all accounts. The City uses the Public Treasurer's Investment
Pool. Ms. Masson explained that the prudent person standard of care means managing the portfolio as if it
were your own. This standard applies to the City Treasurer and any professionals managing the City's
investments.
Ms. Masson showed an excerpt from the 2017 1st Quarter Financial Management Report with the different
fundsbrokenoutseparately(government,proprietary,fiduciary,andtotalfunds)withtheavailablecashineach
fund. These funds fall under the City's Investment Policy. She reviewed the asset status showing the percentage
of investments with all financial institutions. Alderman Mayberry asked if and why the City has no investments in
creditunions.Ms.Massonrepliedthatthereisnoreasonnotto;however,theCity'sbankingservicesare
handledbyAmericanBank.DepositsfromthestatearecomingintoIllinoisFunds.Therearecostsandbenefits
for spreading the investments among different institutions. There has not been the opportunity for funds to be
depositedintocreditunions.AldermanMayberryaskedMs.MassontolookintotheFDICmaximumlimitfor
credit unions; is it $250,000 like banks.
Ms. Masson reviewed the monthly investment interest rates for all of the institutions with City funds. The GFOA
has a benchmark of 0.760% interest rate. She presented a chart showing monthly investment totals for all
financial institutions. American Bank matches the 3-month Treasury bill rate; currently 0.760%. She explained
thegoalistoalwayshave$5millioninthecheckingaccountatAmericanBanktocovermonthlyexpenditures.
Finally, Ms. Masson reviewed her recommended changes to the City's Investment Policy. She has re-organized
and re-structured the City Investment Policy, making it easier to understand and find things. There were two
major changes. Ms. Masson is recommending that collateralization of deposits be no less than 105%; currently
the requirement is no less than 110%. The second change is regarding diversification recommending no more
than 50% of the City of Rock Island's total investment portfolio be invested with a single financial institution;
currentlyitisnomorethan20%.ThiswastheareatheauditorsnotedwheretheCitywasnotcompliantwith
its investment policy. At the end of 2016, Black Hawk Bank and Trust had more than 20% of the portfolio held
in CDs. She is always looking for the maximum yield from financial institutions. Ms. Masson stated that for most
funds,thereis90dayscashonhand.Thereisnoexcesscash.ShegaveanexampleoftheWaterTreatment
FilterFacilityProjectwhichisa$20millionproject;typicallytheCityhasonhand$25millioncashacrossall
funds. The project is an IEPA reimbursable project. It is bringing down the City's cash balances. This change in
diversificationwillgivetheCitymoreflexibilityespeciallyintheleanertimes.Anotherminorrecommendationis
theCityInvestmentPolicywillhavealistofAuthorizedFinancialInstitutionsintheappendix.Thereisalsoa
fund with pooled cash from different funds; Ms. Masson said it is the best way to manage the investment funds.
Ms. Masson encouraged Council to review in the statistical section of the audit the ten year history for the
City'stotalinvestmentreturnandamounts.Lastyear,theCityearned$234,000incomeonitsinvestments
compared to $1.2 million in 2008. There is a different market environment now; it's harder to get good returns.
Alderman Spurgetis asked for clarification on the water treatment filter facility project being IEPA reimbursable.
Ms.Massonexplainedthattheprojectiscoveredbya$20millionreimbursableloan.TheCitypays
theexpensesandthenrequestsreimbursementfromIEPA.Theamountsrequestedforreimbursementarethen
added to the loan balance. The City must pay all the bills for the project up front, so cash for the project is
being paid out by the City. Alderman Mayberry asked if the state was reimbursing the City on a timely basis.
Ms. Masson and Public Works Director Larry Cook said yes.
Alderman Parker asked why Davenport was taking all of their money out of Wells Fargo. Ms. Masson said she
did not know why. Alderman Geenen said he believes it is because Wells Fargo's Community Reinvestment
Rating(CRA)wasdowngraded.AldermanParkeraskedifthisisastandardinDavenport'sinvestmentpolicy
expected from their financial institutions. Ms. Masson said there is a benchmark or standard regarding financial
institutions'CRAratingrecommendedinamunicipality'sinvestmentpolicy.
AldermanParkeraskedhowmuchtheCityisbilledforfeesannuallyfromAmericanBank&Trust.Ms.
Rating(CRA)wasdowngraded.AldermanParkeraskedifthisisastandardinDavenport'sinvestmentpolicy
expected from their financial institutions. Ms. Masson said there is a benchmark or standard regarding financial
institutions'CRAratingrecommendedinamunicipality'sinvestmentpolicy.
AldermanParkeraskedhowmuchtheCityisbilledforfeesannuallyfromAmericanBank&Trust.Ms.
Masson said it varies by month depending on the services; the average is $6,000 to $7,000 per month. This
amountdoesnotincludethecreditcardprocessingfeespaidtoJPMorganandsomeotherfeeswhichare
shown on the monthly ACH report.
Ms.MassonconcludedwithstatinghergoalistobringarevisedCityInvestmentPolicyforapprovaltoCouncil
in August.
7/24/2017 - Minutes
2. Roll Call.
Present: Mayor Mike Thoms; Alderman Virgil J. Mayberry, Alderman James Spurgetis, Alderman Stephen
L. Tollenaer, Alderman Dylan Parker, Alderman Joshua Schipp, Alderman Dave Geenen, and Alderman
Ivory D. Clark
Absent: None
Staff: City Manager Randy Tweet; Hector Lareau for City Attorney Dave Morrison; City Clerk Judith Gilbert;
and other City staff
3. Pledge of Allegiance.
4. Moment of Silence.
MOTION:
Alderman Clark moved to approve the Minutes as printed; Alderman Tollenaer seconded.
VOTE:
Motion passed on a 7-0-0 voice vote. Aye: Mayberry, Spurgetis, Tollenaer, Parker, Schipp, Geenen, and
Clark. Nay: None. Absent: None.
MOTION:
Alderman Geenen moved to approve the Executive Session minutes; Alderman Spurgetis seconded.
VOTE:
Motion passed on a 7-0-0 voice vote. Aye: Mayberry, Spurgetis, Tollenaer, Parker, Schipp, Geenen, and
Clark. Nay: None. Absent: None.
Alderman Geenen moved to approve the Executive Session minutes; Alderman Spurgetis seconded.
VOTE:
Motion passed on a 7-0-0 voice vote. Aye: Mayberry, Spurgetis, Tollenaer, Parker, Schipp, Geenen, and
Clark. Nay: None. Absent: None.
Tell on Your Neighbor - Each year, residents of Rock Island are encouraged to Tell On Your Neighbor by
nominating the yards in their neighborhood that they find to be the most appealing or the most improved.
The City of Rock Islands Beautification Commission will review all entries and awards will be presented at
the September 11, 2017 City Council meeting. Nominations can be made through August 10, 2017 by
contacting the Community & Economic Development Department at (309) 732-2900 or via e-mail at
PLANNING@RIGOV.ORG.
Starlight Revue Concert Series Tuesday, July 25, 2017 the Revue Concert Series will continue with the
Backwater Bayou Band starting at 7:00 p.m. at beautiful Lincoln Park. Hy-Vee Grill will provide food and
drink for purchase starting at 5:00 p.m. and the Friends of Hauberg will be selling treats as well. For event
status, please call (309) 732-7246 in case of inclement weather.
Labor Day Parade Registration - Calling all families, schools, churches, organizations, clubs and
businesses! The 33rd annual Rock Island Labor Day Parade is scheduled for Monday, September 4, 2017.
Registration forms, due dates, themes and more information can be found at WWW.RIGOV.ORG. The first
Labor Day Parade was held in 1985 as part of Rock Island's 150th Birthday. Over the past 30 years, the
parade has grown to average 150 entries and has become a popular event that draws thousands of
spectators. Get your organization entered so that citizens can see your name in a unique way.
Art in the Garden The Quad City Botanical Center will host its first Art in the Garden party. This is a day
full of art, music, food trucks and gardens that you do not want to miss. The event will be held at the
Botanical Center on July 29, 2017 from 9:00 a.m. to 4:00 p.m. with costs for adults at $8.00, ages 5-15 are
$4.00 and kids under 5 are free. Come get inspired by these artists of food, music and art. For more
information please call (309) 794-0991.
Highland Springs Renovations The First Tee Quad Cities and Rock Island Parks and Recreation
Department are partnering to renovate the Highland Springs Driving Range practice facility and expand junior
golf programming. The driving range and practice facility will close on August 1, 2017 to undergo the major
renovation. Overall the goal is to expand its First Tee programming for Rock Island youth, which has
become a popular program, as over 175 children this summer have participated in the program.
8. Proclamation declaring July 27 through July 30, 2017 as the Commemoration of the Wall that
Heals in the Quad Cities.
Mayor Thoms read the proclamation. Andrew Kirkland accepted on behalf of WQPT.
Mayor Thoms read the proclamation. Ametra Carrol-Castaneda of the Community Caring Conference
accepted the proclamation. She invited all to participate in the National Night Out event to be held at
Longview Park on Tuesday, August 1 from 5:30 p.m. to 8:00 p.m. The Community Caring Conference is
sponsoring the event with games, activities, and refreshments. The organization has sponsored 150 block
clubs in its 40 years of existence.
10. Claims
a. Report from the Public Works Department regarding payment in the amount of $54,047.15
to Langman Construction, Inc. of Rock Island, IL for an emergency sanitary sewer repair at
9th Street and 24th Avenue. (075)
MOTION:
a. Report from the Public Works Department regarding payment in the amount of $54,047.15
to Langman Construction, Inc. of Rock Island, IL for an emergency sanitary sewer repair at
9th Street and 24th Avenue. (075)
MOTION:
Alderman Spurgetis moved to accept the report and authorize payment as recommended; Alderman
Mayberry seconded.
VOTE:
Motion passed on a 7-0-0 roll call vote. Aye: Mayberry, Spurgetis, Tollenaer, Parker, Schipp, Geenen,
and Clark. Nay: None. Absent: None.
b. Report from the Public Works Department regarding payment in the amount of $67,500.00
to the Illinois Environmental Protection Agency of Springfield, IL for annual fees for NPDES
permits. (083)
c. Report from the Public Works Department regarding payment in the amount of $15,677.77
to Compass Minerals of Atlanta, GA for the purchase of salt. (084)
MOTION:
Alderman Schipp moved to accept the reports and authorize payments as recommended for Claims
items b and c; Alderman Clark seconded.
DISCUSSION:
Alderman Spurgetis asked if the fees were temporary or must be paid in perpetuity. Public Works
Director Larry Cook responded the fees must be paid in perpetuity on an annual basis to maintain the
NPDES permits.
Alderman Mayberry asked if the City could purchase salt with other municipalities or the county to cut
costs. Mr. Cook replied this was the end of the salt purchase. City Manager Randy Tweet stated that
it is a state-wide bid; it is a very low rate and Compass Minerals was the lowest bidder.
VOTE:
Motion passed on a 7-0-0 roll call vote. Aye: Mayberry, Spurgetis, Tollenaer, Parker, Schipp, Geenen,
and Clark. Nay: None. Absent: None.
11. Claims for the weeks of July 7 through July 13 in the amount of $883,579.35 and July 14 through
July 20 in the amount of $902,760.07; and payroll for the weeks of July 3 through July 16, 2017 in
the amount of $1,528,969.51.
MOTION:
Alderman Clark moved to allow the claims and payroll; Alderman Mayberry seconded.
VOTE:
Motion passed on a 7-0-0 roll call vote. Aye: Mayberry, Spurgetis, Tollenaer, Parker, Schipp, Geenen, and
Clark. Nay: None. Absent: None.
12. ACH Payments for the month of June in the amount of $1,777,102.36.
MOTION:
Alderman Schipp moved to approve the ACH payments; Alderman Parker seconded.
DISCUSSION:
MOTION:
Alderman Schipp moved to approve the ACH payments; Alderman Parker seconded.
DISCUSSION:
Alderman Mayberry asked what ACH stands for. Finance Director Stephanie Masson said ACH stands
for Automated Clearing House when funds are transferred directly from one bank account to another.
VOTE:
Motion passed on a 7-0-0 roll call vote. Aye: Mayberry, Spurgetis, Tollenaer, Parker, Schipp, Geenen, and
Clark. Nay: None. Absent: None.
13. Purchase Card Claims for the period from May 27 through June 26, 2017 in the amount of
$54,787.16.
MOTION:
Alderman Spurgetis moved to approve the purchase card claims; Alderman Tollenaer seconded.
VOTE:
Motion passed on a 7-0-0 roll call vote. Aye: Mayberry, Spurgetis, Tollenaer, Parker, Schipp, Geenen, and
Clark. Nay: None. Absent: None.
14. Report from the Information Technology Department regarding the purchase of upgrades to the
ArcGIS and Cityworks software systems from Power Engineers of Meridian, ID in the amount of
$17,400.00. (008)
MOTION:
Alderman Schipp moved to approve the purchase as recommended and authorize the City Manager to sign
the agreement; Alderman Geenen seconded.
DISCUSSION:
Alderman Spurgetis asked about the optional post-deployment support and will the City need this.
Information Technology Director Tim Bain said he didn't think so.
VOTE:
Motion passed on a 7-0-0 roll call vote. Aye: Mayberry, Spurgetis, Tollenaer, Parker, Schipp, Geenen, and
Clark. Nay: None. Absent: None.
15. Report from the Public Works Department regarding bids for the 24th Street Water Main
Extension: South of RIFAC Project, recommending the bid be awarded to Langman
Construction, Inc. of Rock Island, IL in the amount of $193,595.00. (085)
MOTION:
Alderman Spurgetis moved to award the bid as recommended and authorize the City Manager to execute
the contract documents; Alderman Tollenaer seconded.
VOTE:
Motion passed on a 7-0-0 roll call vote. Aye: Mayberry, Spurgetis, Tollenaer, Parker, Schipp, Geenen, and
Clark. Nay: None. Absent: None.
16. Report from the Public Works Department regarding bids for the 2017 Brick Street Repair
VOTE:
Motion passed on a 7-0-0 roll call vote. Aye: Mayberry, Spurgetis, Tollenaer, Parker, Schipp, Geenen, and
Clark. Nay: None. Absent: None.
16. Report from the Public Works Department regarding bids for the 2017 Brick Street Repair
Program, recommending the bid be awarded to Centennial Contractors of the Quad Cities, Inc.
of Moline, IL in the amount of $101,568.00. (086)
MOTION:
Alderman Tollenaer moved to award the bid as recommended and authorize the City Manager to execute
the contract documents; Alderman Mayberry seconded.
VOTE:
Motion passed on a 7-0-0 roll call vote. Aye: Mayberry, Spurgetis, Tollenaer, Parker, Schipp, Geenen, and
Clark. Nay: None. Absent: None.
17. Report from the Parks and Recreation Department regarding an agreement with First Tee of
Davenport, IA for development of a program and learning facility at Highland Springs Golf
Course. (068)
MOTION:
Alderman Spurgetis moved to approve the agreement as recommended and authorize the City Manager to
execute the contract documents pending any minor modifications by the City Attorney; Alderman Tollenaer
seconded.
DISCUSSION:
Alderman Spurgetis met with the Parks and Recreation Department Director today and was concerned
about some vague language in the agreement regarding payment of fees.
VOTE:
Motion passed on a 7-0-0 roll call vote. Aye: Mayberry, Spurgetis, Tollenaer, Parker, Schipp, Geenen, and
Clark. Nay: None. Absent: None.
18. Report from the Human Resources Department regarding a Special Ordinance for prevailing
wage rates in the City of Rock Island.
MOTION:
Alderman Schipp moved to consider, suspend the rules, and pass the ordinance; Alderman Tollenaer
seconded.
VOTE:
Motion passed on a 7-0-0 roll call vote. Aye: Mayberry, Spurgetis, Tollenaer, Parker, Schipp, Geenen, and
Clark. Nay: None. Absent: None.
19. Report from the Human Resources Department regarding a Resolution recommending
continued participation in IMRF for elected officials of the City of Rock Island.
MOTION:
Alderman Tollenaer moved to adopt the resolution as recommended; Alderman Spurgetis seconded.
VOTE:
MOTION:
Alderman Tollenaer moved to adopt the resolution as recommended; Alderman Spurgetis seconded.
VOTE:
Motion passed on a 6-1-0 roll call vote. Aye: Spurgetis, Tollenaer, Parker, Schipp, Geenen, and Clark. Nay:
Mayberry. Absent: None.
20. Report from the Finance Department regarding a Resolution of the City of Rock Island, Illinois
declaring its official intent to reimburse certain capital expenditures from the proceeds of future
debt issues. (023)
MOTION:
Alderman Tollenaer moved to adopt the resolution as recommended; Alderman Spurgetis seconded.
VOTE:
Motion passed on a 7-0-0 roll call vote. Aye: Mayberry, Spurgetis, Tollenaer, Parker, Schipp, Geenen, and
Clark. Nay: None. Absent: None.
21. Report from the Finance Department regarding the Municipal Compliance Reports for the Fiscal
Year ending December 31, 2016 for the Police Pension Fund and the Fire Pension Fund. (019)
MOTION:
Alderman Tollenaer moved to accept the reports as recommended; Alderman Schipp seconded.
VOTE:
Motion passed on a 7-0-0 roll call vote. Aye: Mayberry, Spurgetis, Tollenaer, Parker, Schipp, Geenen, and
Clark. Nay: None. Absent: None.
22. Report from the Martin Luther King Jr. Center Board of Directors requesting approval of
amendments to the by-laws of The Martin Luther King Jr. Community Center.
MOTION:
Alderman Clark moved to approve the request as recommended; Alderman Schipp seconded.
DISCUSSION:
Linda Dothard of Rock Island spoke against the request. She wanted to know what resources the board is
looking for in board members. She said there is untapped potential in Rock Island for board members.
Larry Hunter of Rock Island said outsiders do not share the commitment that residents of Rock Island have.
Vincent Thomas of Rock Island commended the board for trying to find a way to become self-sufficient. He
said the board has not sought out people in Rock Island. The board has said they want board members with
connections to donors.
Johnnie Woods of Rock Island asked if there were citizens from other cities on other Rock Island Boards.
Mayor Thoms responded this situation is unique because the Martin Luther King Center is a separate entity
and a 501c3 organization. Years ago, Council gave the MLK board the power to do this in their by-laws.
Mayor Thoms told Ms. Woods she could fill out an application if she was interested in serving on the board.
Mayor Thoms said it gives the MLK board the option to have non-residents serve on the board; it does not
Johnnie Woods of Rock Island asked if there were citizens from other cities on other Rock Island Boards.
Mayor Thoms responded this situation is unique because the Martin Luther King Center is a separate entity
and a 501c3 organization. Years ago, Council gave the MLK board the power to do this in their by-laws.
Mayor Thoms told Ms. Woods she could fill out an application if she was interested in serving on the board.
Mayor Thoms said it gives the MLK board the option to have non-residents serve on the board; it does not
mean they must appoint non-residents. Many people in Rock Island have the talent to serve. The change
opens up board membership to people who grew up in Rock Island, but no longer live in the city and still
want to serve. He encouraged residents to apply to serve on City boards; the City does not get many
applications from residents wanting to serve on boards.
Alderman Mayberry has asked who will be appointed to the board; the board has told him there are no
names yet. He said it is the Rock Island Martin Luther King Center, not the Quad Cities MLK Center. He
does not want outsiders overseeing Rock Island. He is against the change in the by-laws.
Alderman Clark asked MLK Director Jerry Jones about other by-laws changes. Mr. Jones said other
changes will be term limits and duties and responsibilities of board members; in particular, the time and
energy spent by board members. He asked if it has ever been said that Rock Island citizens are not
qualified to be on the board; Mr. Jones replied no. Alderman Clark stated there is much more competition in
today's world for grants and funds. Mr. Jones agreed with him and said it is very competitive for funding
dollars. The Rock Island Community Foundation is seeing more applications for funding than ever before.
Mr. Jones said a minimum of 72% of the MLK Center board members will be Rock Island residents; less
than 30% will be from outside Rock Island. This will benefit Rock Island citizens primarily. Mr. Jones said it
will open up opportunities for the center. Mayor Thoms said the Mayor must bring recommendations for
board members forward and Council approves or denies his recommendations. Alderman Clark said the
change is considered a best practice for boards; they need outside funding to pay for programming.
Alderman Mayberry asked when the Martin Luther King Center became a 501c3. Mr. Jones said it was in
1975. Alderman Mayberry asked if there were any other City entities that are a 501c3. Attorney Hector
Lareau said none that he was aware of in the City. Alderman Mayberry asked if this was approved could the
Park Board become a 501c3. Mr. Lareau said it was not an option for other departments. The MLK Center
is unique in that it provides programming and receives funding as a non-profit; it is a stand-alone entity.
Alderman Spurgetis said it was an emotional issue and impossible to please everyone. He asked MLK
Center board chairman David Levin if he views the MLK Center as a private facility for Rock Island only. Mr.
Levin responded they have looked at the issue for the last 2-3 years. They are trying to become macro
oriented as opposed to micro; it is a true Quad Cities community center and not just a west end or below
the hill center. Mr. Levin also said they reviewed board members' strengths and weaknesses as well as
their professional area of expertise in depth and the funding sources for the center and potential funding. Mr.
Levin said 50% of the funding comes from Rock Island, but $14 million came from the outside when they
expanded the center. Mr. Levin questioned why someone from John Deere or Modern Woodman or the
Arsenal could not serve on the MLK board.
Alderman Spurgetis asked if there were any board members dissenting on the proposed change. Mr. Levin
said at their board meeting two weeks ago, the vote was 100% unanimous in favor of the change and at
another vote earlier. In response to a request from Alderman Spurgetis, Mr. Levin agreed to re-evaluate the
services on an annual basis to assess if their plan is working and then report back to Council. Mr. Levin
said board members were asked to evaluate their strengths and weaknesses on what they will be giving to
the center in terms of time, activities, and volunteer work at functions for the MLK programs.
Alderman Tollenaer said he agrees with the community; he is not in favor of the proposed change.
Alderman Mayberry said Rock Island is 60% female; only one female serves on the MLK board, Finance
Director Stephanie Masson who is required to serve on the board. Mr. Levin agreed that is one weakness of
the board. Mayor Thoms said women are not applying to be on the board.
Vincent Thomas said a 501c3 must do the hiring of staff; the MLK board does not do the hiring of the
Director. The current Director was hired by the City Manager and reports to the City Manager. That is a
conflict. Mr. Lareau said that is not correct; 501c3 status refers to tax status; it is a tax exemption granted
by the IRS. Governing and operating rules are set by the by-laws of the organization which are separate
from the IRS tax code.
Vincent Thomas said a 501c3 must do the hiring of staff; the MLK board does not do the hiring of the
Director. The current Director was hired by the City Manager and reports to the City Manager. That is a
conflict. Mr. Lareau said that is not correct; 501c3 status refers to tax status; it is a tax exemption granted
by the IRS. Governing and operating rules are set by the by-laws of the organization which are separate
from the IRS tax code.
Alderman Mayberry asked if staff get additional salary on top of what the City pays them. Mr. Lareau stated
no.
Alderman Spurgetis asked for the motion to be read again. Alderman Tollenaer read the agenda item. City
Clerk Gilbert read the motion.
VOTE:
Motion passed on a 5-2-0 roll call vote. Aye: Spurgetis, Parker, Schipp, Geenen, and Clark. Nay: Mayberry,
Tollenaer. Absent: None.
23. Report from the City Clerk regarding a request from Olivet Baptist Church for a street closing of
21st Avenue from 11th Street to 12th Street on Sunday, August 20, 2017 from 12:30 p.m. to 4:30
p.m.
MOTION:
Alderman Tollenaer moved to approve the request as recommended; Alderman Schipp seconded.
VOTE:
Motion passed on a 7-0-0 voice vote. Aye: Mayberry, Spurgetis, Tollenaer, Parker, Schipp, Geenen, and
Clark. Nay: None. Absent: None.
24. Report from the City Clerk regarding requests from Kavanaugh's Hilltop Tavern to have outdoor
entertainment with sound amplification and the outdoor sale of alcohol in the fenced-in parking
lot from noon to 11:00 p.m. on Saturday, August 26, 2017 at 1228 30th Street.
MOTION:
Alderman Tollenaer moved to approve the requests as recommended, subject to complying with all liquor
license regulations, and subject to being closed down early if noise complaints are received; Alderman
Geenen seconded.
DISCUSSION:
Alderman Schipp recognized Tim Kavanaugh of Kavanaugh's Hilltop Tavern in the audience and thanked him
for having his business in Rock Island.
VOTE:
Motion passed on a 7-0-0 voice vote. Aye: Mayberry, Spurgetis, Tollenaer, Parker, Schipp, Geenen, and
Clark. Nay: None. Absent: None.
25. Report from the City Clerk regarding a request from Greater Antioch Missionary Baptist Church
for a street closing of 10th Avenue between 14th Street and 14 1/2 Street on Tuesday, July 25,
2017 from 5:30 p.m. to 8:00 p.m.
MOTION:
Alderman Clark moved to approve the request as recommended; Alderman Schipp seconded.
VOTE:
MOTION:
Alderman Clark moved to approve the request as recommended; Alderman Schipp seconded.
VOTE:
Motion passed on a 7-0-0 voice vote. Aye: Mayberry, Spurgetis, Tollenaer, Parker, Schipp, Geenen, and
Clark. Nay: None. Absent: None.
Alderman Schipp commented on the decision made regarding the Martin Luther King Center board. While
some people may be upset by the decision, the MLK board feels the change will help them. He
commended Jerry Jones and his professionalism; Mr. Jones understands the non-profit community. If the
change does not work, the by-laws can be changed. Alderman Schipp said it could bring in top level
professionals from a wider community to the board.
Alderman Schipp reported the CEO of the Quad Cities Chamber has resigned. He has asked for information
regarding funds the City has put into the organization. He said from 2009 through 2017, the City has
invested $510,000. He does not understand how there is a positive return on that money. Those funds are
from the City's gaming revenues. Looking at the investment over time, if that half a million dollars had been
invested in the downtown or College Hill or streets and sidewalks, the benefits could be easily seen.
Questions were raised when the CEO presented to Council last year. Alderman Schipp said he would vote
now to leave the chamber.
Alderman Mayberry had asked the Quad Cities Chamber what businesses had been brought into Rock
Island. No one could name any. Alderman Schipp said the chamber promised there would be follow-up after
their presentation last year and there has been none.
Alderman Tollenaer thanked everyone for coming to the meeting tonight and encouraged them to apply to
be on the board.
Sandra Sisco of Lucky Cab of Rock Island read a letter she wrote to the City Clerk regarding the taxicab
license ordinance. Her company does mostly medical transport. She has concerns about the new
fingerprint/background check requirement which does not apply to drivers for Uber and Lyft. The industry is
struggling and she would like the ordinance changed.
Alderman Tollenaer asked the City Manager to prepare a report on the taxicab situation. City Manager
Randy Tweet said they are working on the report and will be bringing recommendations to Council in
August.
Sheleigh Martin invited Council to a benefit for Rochelle Davis, mother of three, who was murdered in her
home. The benefit will be held on Saturday, July 29 at Kavanaugh's Hilltop Tavern. Many people and
businesses have donated for the benefit. She requested a proclamation be prepared and presented at the
benefit. Mayor Thoms said he will attend.
Tom Geise of Rock Island reported on a broken water line that occurred last year near his house and still
has not been repaired, resulting in frozen ice all winter long and sinking of his sidewalk. Although a contract
has been finally awarded for repairs, Mr. Geise would like a guarantee that the water line and his sidewalk
will be fixed. Mayor Thoms asked that Alderman Geenen and Public Works Department work together on
the situation and keep the communication going on the situation.
Darwin Gray of Rock Island spoke about the continued pain of losing his brother, De'Mar Bester, to gun
violence last August. He thanked Council for their support.
Othea Stevenson of Shiloh, mother of De'Mar Bester, said since her sun's death she has been speaking out
against gun violence. She has been working to prevent future acts of violence and collected over 1000
signatures for lights and cameras in Glenhurst Court. She presented individual plaques to City Manager
Randy Tweet and Public Works Director Larry Cook for the time and support they have given to her and to
her family and for working to improve the situation in the neighborhood. Darwin Gray also thanked Chief
VenHuizen for being as open as he can with regards to the investigation of his brother's death. Mayor
Thoms thanked them for coming and sharing positive words about City employees and coming up with
solutions to the problem.
against gun violence. She has been working to prevent future acts of violence and collected over 1000
signatures for lights and cameras in Glenhurst Court. She presented individual plaques to City Manager
Randy Tweet and Public Works Director Larry Cook for the time and support they have given to her and to
her family and for working to improve the situation in the neighborhood. Darwin Gray also thanked Chief
VenHuizen for being as open as he can with regards to the investigation of his brother's death. Mayor
Thoms thanked them for coming and sharing positive words about City employees and coming up with
solutions to the problem.
Alderman Spurgetis said he hopes Council can meet with the Rock Island Police Department to get an
update on the shootings in Rock Island.
Alderman Schipp said they are ready to up the investment and use every tool available to reduce the gun
violence.
MOTION:
VOTE:
Motion passed on a 7-0-0 voice vote. Aye: Mayberry, Spurgetis, Tollenaer, Parker, Schipp, Geenen, and
Clark. Nay: None. Absent: None.
_______________________________________
JudithH.Gilbert,CityClerk
ORDINANCE NO. ____________
ILLINOIS, AS FOLLOWS:
pursuant to Section 6 of Article VII of the Illinois Constitution of 1970 and authorizes the
issuance of two series of unlimited tax general obligation bonds of the City of Rock
(A) General Obligation Bonds, Series 2017A (the 2017A Bonds) for (i) the
$2,500,000 (the Road Projects), (ii) the refunding of all or a portion of the outstanding
General Obligation Bonds, Series 2008A, of the City (the 2008A Bonds) and (iii) the
refunding of all or a portion of the outstanding General Obligation Bonds, Series 2009B,
for (i) the refunding of all or a portion of the outstanding General Obligation Bonds,
Series 2008B, of the City (the 2008B Bonds) and (ii) the refunding of all or a portion of
the outstanding General Obligation Bonds, Series 2009A, of the City (the 2009A
Bonds).
The 2017A Bonds and the 2017B Bonds are herein collectively referred to as the
2017 Bonds.
ordinance is necessary for the welfare of the government and affairs of the City, is for
Section 2. Refunding Plan. The City hereby authorizes the refunding of the
2008A Bonds, the 2008B Bonds, the 2009A Bonds and the 2009B Bonds. The City
Council hereby delegates to the Mayor the authority to select the particular 2008A
Bonds, 2008B Bonds, 2009A Bonds and 2009B Bonds to be refunded. Any 2008A
Bond so selected is herein called a 2008A Prior Bond. Any 2008B Bonds so selected
is herein called a 2008B Prior Bond. Any 2009A Bond so selected is herein called a
2009A Prior Bond. Any 2009B Bond so selected is herein called a 2009B Prior
Bond. The 2008A Prior Bonds, the 2008B Prior Bonds, the 2009A Prior Bonds and the
2009B Prior Bonds are herein collectively called the Prior Bonds. The City Council
hereby delegates to the Mayor the authority to elect to redeem prior to maturity any one
or more of the Prior Bonds that are subject to optional redemption prior to maturity (the
Callable Prior Bonds). Each Callable Prior Bond selected for redemption prior to
maturity and not currently callable shall be redeemed on its first call date. Each
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Callable Prior Bond currently callable shall be redeemed within 90 days of the date of
The Mayor, the City Manager, the Finance Director and the other officers and
officials of the City are authorized and directed to do, or cause to be done, all things
necessary to accomplish the refunding of the Prior Bonds and the redemption of the
the financing of the Road Projects and the refunding of the Prior Bonds. In order to
accommodate current market practices and to provide the opportunity to sell the 2017
Bonds under the most favorable terms, the City Council hereby delegates to the Mayor
the authority to offer and sell the 2017 Bonds pursuant to a negotiated sale and to make
the various determinations with respect to the 2017 Bonds as provided in this
ordinance.
made by the Mayor by the execution of one or more bond orders (each a Bond Order).
The delegated authority granted to the Mayor pursuant to this ordinance shall expire on
December 31, 2017. In the event that the Mayor determines that he is not able to
exercise any delegation set forth in this ordinance, the Mayor may designate the
Finance Director to exercise such delegated authority by filing with the City Clerk a
of the Road Projects and the refunding the 2008A Prior Bonds and the 2009B Prior
Bonds, including costs of issuance of the bonds authorized by this section, there is
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hereby appropriated the sum of $5,750,000. Pursuant to the home rule powers of the
City to incur debt payable from ad valorem property tax receipts and for the purpose of
financing said appropriation, unlimited tax general obligation bonds of the City are
and shall be sold as a single series designated as the General Obligation Bonds,
of refunding the 2008B Prior Bonds and the 2009A Prior Bonds, including costs of
issuance of the bonds authorized by this Section, there is hereby appropriated the sum
of $3,500,000. Pursuant to the home rule powers of the City to incur debt payable from
ad valorem property tax receipts and for the purpose of financing said appropriation,
unlimited tax general obligation bonds of the City are authorized to be issued in an
aggregate principal amount of not to exceed $3,500,000 and shall be sold as a single
issue designated as the General Obligation Refunding Bonds, Series 2017B (the
2017B Bonds).
Section 6. General Terms of 2017 Bonds. The 2017 Bonds of each series
shall be issuable in the denominations of $5,000 or any integral multiple thereof and
may bear such identifying numbers or letters as shall be useful to facilitate the
registration, transfer and exchange of 2017 Bonds. Unless otherwise determined in the
Bond Order, each 2017 Bond delivered upon the original issuance of the 2017 Bonds
shall be dated as of its date of issuance. Each 2017 Bond thereafter issued upon any
transfer, exchange or replacement of 2017 Bonds shall be dated so that no gain or loss
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US_127712425v1_270202-00037 7/25/2017 3:30 PM
The principal of the 2017 Bonds shall be payable in lawful money of the United
States of America upon presentation and surrender thereof at the corporate trust office
appointed as bond registrar and paying agent for the 2017 Bonds. Each 2017 Bond
shall bear interest from its date, computed on the basis of a 360 day year consisting of
twelve 30 day months and payable in lawful money of the United States of America on
each interest payment date to the registered owners of record thereof appearing on the
registration books maintained by the City for such purpose at the corporate trust office
of the bond registrar, as of the close of business on the 15 th day of the calendar month
next preceding the applicable interest payment date. Interest on the 2017 Bonds shall
be paid by check or draft mailed to such registered owners at their addresses appearing
The 2017 Bonds shall mature on December 1 in such years and in such principal
amounts as shall be specified in the Bond Order, provided that no 2017A Bond shall
mature later than December 1, 2036 and no 2017B Bond shall mature later than
December 1, 2021.
Interest on each 2017 Bond shall be payable on an initial interest payment date
the rates per annum as shall be specified in the Bond Order, provided that no 2017
Bond shall bear interest at a rate exceeding five and one-half percent (5.50%) per
annum.
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US_127712425v1_270202-00037 7/25/2017 3:30 PM
No series of the 2017 Bonds shall be sold pursuant to this ordinance unless the
sum of the taxes levied pursuant to this ordinance for the payment of such series and
the moneys to be deposited into the applicable debt service fund or account for such
series concurrently with the issuance of the 2017 Bonds of such series is sufficient to
provide for the punctual payment of the principal of and interest on the 2017 Bonds of
such series.
The 2017 Bonds of any series may be subject to redemption prior to maturity as
determined in the Bond Order, at the option of the City and upon notice as herein
provided, in such principal amounts and from such maturities as the City shall determine
prices that may include a redemption premium for each 2017 Bond to be redeemed
2017 Bonds of like series and maturity may be subject to mandatory redemption,
by the application of sinking fund installments, all as determined in the Bond Order.
All 2017 Bonds subject to mandatory sinking fund redemption shall be redeemed
at a redemption price equal to the principal amount thereof to be redeemed. The bond
registrar is hereby authorized and directed to mail notice of the mandatory sinking fund
redeemed at the option of the City, the principal amount thereof so redeemed shall be
credited against the unsatisfied balance of future sinking fund installments or final
maturity amount established with respect to such 2017 Bonds, in such amounts and
against such installments or final maturity amount as shall be determined by the City in
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the proceedings authorizing such optional redemption or, in the absence of such
determination, shall be credited against the unsatisfied balance of the applicable sinking
fund installments next ensuing, and with respect to which notice of redemption has not
On or prior to the 60th day preceding any sinking fund installment date, the City
may purchase 2017 Bonds subject to mandatory redemption on such sinking fund
installment date, at such prices as the City shall determine. Any 2017 Bond so
purchased shall be cancelled and the principal amount thereof so purchased shall be
credited against the unsatisfied balance of the next ensuing sinking fund installment.
In the event of the redemption of less than all the 2017 Bonds of like series and
integral multiple thereof and the bond registrar shall assign to each 2017 Bond of such
maturity a distinctive number for each $5,000 principal amount of such 2017 Bond and
shall select by lot from the numbers so assigned as many numbers as, at $5,000 for
each number, shall equal the principal amount of such 2017 Bonds to be redeemed.
The 2017 Bonds to be redeemed shall be the 2017 Bonds to which were assigned
numbers so selected; provided that only so much of the principal amount of each 2017
Bond shall be redeemed as shall equal $5,000 for each number assigned to it and so
selected.
Notice of the redemption of 2017 Bonds shall be mailed not less than 30 days
nor more than 60 days prior to the date fixed for such redemption to the registered
registration books. The 2017 Bonds or portions thereof specified in said notice shall
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become due and payable at the applicable redemption price on the redemption date
therein designated, and if, on the redemption date, moneys for payment of the
redemption price of all the 2017 Bonds or portions thereof to be redeemed, together
with interest to the redemption date, shall be available for such payment on said date,
and if notice of redemption shall have been mailed as aforesaid (and notwithstanding
any defect therein or the lack of actual receipt thereof by any registered owner) then
from and after the redemption date interest on such Bonds or portions thereof shall
cease to accrue and become payable. If there shall be drawn for redemption less than
all of a 2017 Bond, the City shall execute and the bond registrar shall authenticate and
deliver, upon the surrender of such 2017 Bond, without charge to the owner thereof, in
exchange for the unredeemed balance of the 2017 Bond so surrendered, 2017 Bonds
of like series, maturity and interest rate and of the denomination of $5,000 or any
The bond registrar shall not be required to transfer or exchange any 2017 Bond
after notice of the redemption of all or a portion thereof has been mailed. The bond
registrar shall not be required to transfer or exchange any 2017 Bond during a period of
15 days next preceding the mailing of a notice of redemption that could designate for
ordinance, authority is hereby delegated to the Mayor to sell one or more series of the
2017 Bonds pursuant to a negotiated sale to Robert W. Baird & Co. Incorporated (the
Underwriter), on one or more sale dates prior to December 31, 2017 and to award and
sell each series of the 2017 Bonds. No award of a series of 2017 Bonds shall be made
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unless the purchase price bid is not less than 98% of the principal amount of such
series of 2017 Bonds sold. No award of 2017A Bonds shall be made unless the present
value debt service savings derived by the City from the refunding of the 2008A Prior
Bonds and the 2009B Prior Bonds is at least 2% of the aggregate principal amount of
the 2008A Prior Bonds and the 2009B Prior Bonds that are to be refunded. No award of
2017B Bonds shall be made unless the present value debt service savings derived by
the City from the refunding of the 2008B Prior Bonds and the 2009A Prior Bonds is at
least 2% of the aggregate principal amount of the 2008B Prior Bonds and the 2009A
The sale and award of the 2017 Bonds and the determination of the details of the
2017 Bonds shall be evidenced by the Bond Order, which shall be signed by the Mayor.
An executed counterpart of the Bond Order shall be filed with the City Clerk and entered
The Mayor, City Clerk and other officials of the City are authorized and directed
to do and perform, or cause to be done or performed for or on behalf of the City each
and every thing necessary for the issuance of the 2017 Bonds, including the proper
execution and delivery of the 2017 Bonds and, in connection with a public offering of
respect to the 2017 Bonds is approved and deemed final as of its date for purposes of
Securities and Exchange Commission Rule 15c2-12 promulgated under the Securities
Exchange Act of 1934. The Mayor and the Finance Director are each authorized to
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The form of the Bond Purchase Agreement by and between the City and the
Underwriter with respect to the public offering and sale of the 2017 Bonds is approved
and the Mayor and the Finance Director are authorized to complete, execute and deliver
the final form of the Bond Purchase Agreement on behalf of the City.
executed in the name of the City by the manual or authorized facsimile signature of its
Mayor and the corporate seal of the City, or a facsimile thereof, shall be thereunto
appear on any 2017 Bond shall cease to hold such office before the issuance of the
2017 Bond, such 2017 Bond shall nevertheless be valid and sufficient for all purposes,
the same as if the person whose signature, or a facsimile thereof, appears on such
2017 Bond had not ceased to hold such office. Any 2017 Bond may be signed, sealed
or attested on behalf of the City by any person who, on the date of such act, shall hold
the proper office, notwithstanding that at the date of such 2017 Bond such person may
not have held such office. No recourse shall be had for the payment of any 2017 Bonds
manually by the bond registrar. No 2017 Bond shall be entitled to any right or benefit
under this ordinance or shall be valid or obligatory for any purpose until such certificate
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Section 10. Transfer, Exchange and Registry. The 2017 Bonds shall be
negotiable, subject to the provisions for registration of transfer contained herein. Each
2017 Bond shall be transferable only upon the registration books maintained by the City
for that purpose at the corporate trust office of the bond registrar, by the registered
owner thereof in person or by his attorney duly authorized in writing, upon surrender
thereof together with a written instrument of transfer satisfactory to the bond registrar
and duly executed by the registered owner or his duly authorized attorney. Upon the
surrender for transfer of any such 2017 Bond, the City shall execute and the bond
registrar shall authenticate and deliver a new 2017 Bond or 2017 Bonds registered in
the name of the transferee, of the same aggregate principal amount, series, maturity
and interest rate as the surrendered 2017 Bond. 2017 Bonds, upon surrender thereof
at the corporate trust office of the bond registrar, with a written instrument satisfactory to
the bond registrar, duly executed by the registered owner or his attorney duly authorized
in writing, may be exchanged for an equal aggregate principal amount of 2017 Bonds of
the same series, maturity and interest rate and of the denominations of $5,000 or any
For every such exchange or registration of transfer of 2017 Bonds, the City or the
bond registrar may make a charge sufficient for the reimbursement of any tax, fee or
transfer, which sum or sums shall be paid by the person requesting such exchange or
exchange or transfer. No other charge shall be made for the privilege of making such
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transfer or exchange. The provisions of the Illinois Bond Replacement Act shall govern
The City and the bond registrar may deem and treat the person in whose name
any 2017 Bond shall be registered upon the registration books as the absolute owner of
such 2017 Bond, whether such 2017 Bond shall be overdue or not, for the purpose of
receiving payment of, or on account of, the principal of or interest thereon and for all
other purposes whatsoever, and all such payments so made to any such registered
owner or upon his order shall be valid and effectual to satisfy and discharge the liability
upon such 2017 Bond to the extent of the sum or sums so paid, and neither the City nor
Section 11. General Obligations. The full faith and credit of the City are
hereby irrevocably pledged to the punctual payment of the principal of and interest on
the 2017 Bonds. The 2017 Bonds shall be direct and general obligations of the City,
and the City shall be obligated to levy ad valorem taxes upon all the taxable property in
the City for the payment of the 2017 Bonds and the interest thereon, without limitation
as to rate or amount.
Section 12. Form of Bonds. The 2017 Bonds of each series shall be issued
as fully registered bonds and shall be in substantially the following form, the blanks to
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No. ________
State of Illinois
PRINCIPAL AMOUNT:
The CITY OF ROCK ISLAND, a municipal corporation and a home rule unit of
the State of Illinois situate in the County of Rock Island, acknowledges itself indebted
and for value received hereby promises to pay to the registered owner of this bond, or
registered assigns, the principal amount specified above on the maturity date specified
above, and to pay interest on such principal amount from the date hereof at the interest
rate per annum specified above, computed on the basis of a 360 day year consisting of
twelve 30 day months and payable in lawful money of the United States of America on
December 1, 2017 and semiannually thereafter on June 1 and December 1 in each year
until the principal amount shall have been paid, to the registered owner of record hereof
as of the 15th day of the calendar month next preceding such interest payment date, by
wire transfer pursuant to an agreement by and between the City and the registered
owner, or otherwise by check or draft mailed to the registered owner at the address of
such owner appearing on the registration books maintained by the City for such purpose
at the corporate trust office of Amalgamated Bank of Chicago, in the City of Chicago,
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Illinois, as bond registrar or its successor (the Bond Registrar). This bond, as to
principal when due, will be payable in lawful money of the United States of America
upon presentation and surrender of this bond at the corporate trust office of the Bond
Registrar. The full faith and credit of the City are irrevocably pledged for the punctual
payment of the principal of and interest on this bond according to its terms.
This bond is one of a series of bonds issued in the aggregate principal amount of
$_____,000, which are authorized and issued under and pursuant to Section 6 of Article
VII of the Illinois Constitution of 1970 and under and in accordance with an ordinance
adopted by the City Council of the City on August 28, 2017 and entitled: Ordinance
Authorizing the Issuance of General Obligation Bonds of 2017 of the City of Rock
Island, Illinois.
[This bond is issued in accordance with the provisions of the Tax Increment
Allocation Redevelopment Act, 65 Illinois Compiled Statutes 5/11-74.4, for the purpose
redemption prior to maturity at the option of the City and upon notice as herein provided,
in such principal amounts as the City shall determine and, in part by lot, on December 1,
20__ and on any date thereafter, at a redemption price equal to the principal amount
thereof to be redeemed.]
[The bonds of such series maturing in the years 20___, 20___ and 20___ (the
Term Bonds) are subject to mandatory redemption, in part and by lot, on December 1
of the years and in the respective principal amounts set forth in the following tables, by
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the application of sinking fund installments, at a redemption price equal to the principal
Notice of the redemption of bonds will be mailed not less than 30 days nor more
than 60 days prior to the date fixed for such redemption to the registered owners of
The bonds or portions thereof specified in said notice shall become due and payable at
the applicable redemption price on the redemption date therein designated, and if, on
the redemption date, moneys for payment of the redemption price of all the bonds or
portions thereof to be redeemed, together with interest to the redemption date, shall be
available for such payment on said date, and if notice of redemption shall have been
mailed as aforesaid (and notwithstanding any defect therein or the lack of actual receipt
thereof by any registered owner) then from and after the redemption date interest on
such bonds or portions thereof shall cease to accrue and become payable.
This bond is transferable only upon such registration books by the registered
owner hereof in person, or by his attorney duly authorized in writing, upon surrender
hereof at the corporate trust office of the Bond Registrar together with a written
instrument of transfer satisfactory to the Bond Registrar duly executed by the registered
owner or by his duly authorized attorney, and thereupon a new registered bond or
bonds, in the authorized denominations of $5,000 or any integral multiple thereof and of
the same aggregate principal amount, series, maturity and interest rate as this bond
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shall be issued to the transferee in exchange therefor. In like manner, this bond may be
exchanged for an equal aggregate principal amount of bonds of the same maturity and
interest rate and of any of such authorized denominations. The City or the Bond
Registrar may make a charge sufficient for the reimbursement of any tax, fee or other
governmental charge required to be paid with respect to the transfer or exchange of this
bond. No other charge shall be made for the privilege of making such transfer or
exchange. The City and the Bond Registrar may treat and consider the person in
whose name this bond is registered as the absolute owner hereof for the purpose of
receiving payment of, or on account of, the principal and interest due hereon and for all
This bond shall not be valid or become obligatory for any purpose until the
certificate of authentication hereon shall have been duly executed by the Bond
Registrar.
It is hereby certified, recited and declared that all acts, conditions and things
required to be done, exist and be performed precedent to and in the issuance of this
bond in order to make it a legal, valid and binding obligation of the City have been done,
exist and have been performed in regular and due time, form and manner as required
by law, and that the series of bonds of which this bond is one, together with all other
indebtedness of the City, is within every debt or other limit prescribed by law.
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IN WITNESS WHEREOF, the City of Rock Island has caused this bond to be
executed in its name and on its behalf by the manual or facsimile signature of its Mayor,
reproduced hereon and attested by the manual or facsimile signature of its City Clerk.
________________________________
Mayor
Attest:
________________________________
CERTIFICATE OF AUTHENTICATION
City Clerk
This bond is one of the General
Obligation [Refunding] Bonds, Series
2017[A] [B], described in the within
mentioned Ordinance.
By _____________________________
Authorized Signer
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ASSIGNMENT
For value received the undersigned sells, assigns and transfers unto _________
_____________________________________________________________________
the within bond and hereby irrevocably constitutes and appoints __________________
_____________________________________________________________________
attorney to transfer the said bond on the books kept for registration thereof, with full
Dated ____________________
_______________________________
Signature Guarantee:
_______________________________
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Section 13. Levy and Extension of Taxes. (A) For the purpose of providing
the money required to pay the interest on the 2017A Bonds when and as the same falls
due and to pay and discharge the principal thereof (including any mandatory sinking
fund installments) as the same shall mature, there is hereby levied upon all the taxable
property in the City, in each year while any of the 2017A Bonds shall be outstanding, a
direct annual tax sufficient for that purpose in addition to all other taxes, as follows:
2017 700,000
2018 700,000
2019 700,000
2020 700,000
2021 700,000
2022 700,000
2023 700,000
2024 400,000
2025 400,000
2026 400,000
2027 400,000
2028 300,000
2029 300,000
2030 300,000
2031 300,000
2032 300,000
2033 300,000
2034 300,000
2035 300,000
(B) For the purpose of providing the money required to pay the interest on the
2017B Bonds when and as the same falls due and to pay and discharge the principal
thereof (including any mandatory sinking fund installments) as the same shall mature,
there is hereby levied upon all the taxable property in the City, in each year while any of
the 2017B Bonds shall be outstanding, a direct annual tax sufficient for that purpose in
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Tax Levy Year A Tax Sufficient to Produce
2017 $608,470
2018 845,345
2019 852,150
2020 846,975
(C) Interest or principal coming due at any time when there shall be
insufficient funds on hand to pay the same shall be paid promptly when due from
current funds on hand in advance of the collection of the taxes herein levied; and when
said taxes shall have been collected, reimbursement shall be made to the said funds in
(D) After the sale of the 2017 Bonds and the execution of the Bond Order, an
executed copy of the Bond Order and a copy of this ordinance, certified by the City
Clerk which certificate shall recite that this ordinance has been duly adopted, shall be
filed with the County Clerk of Rock Island County, Illinois, who is hereby directed to
ascertain the rate per cent required to produce the aggregate taxes hereinbefore
provided to be levied in the years 2017 to 2035, both inclusive, and subject to
adjustment as provided in paragraph (E) of this Section, to extend the same for
collection on the tax books in connection with other taxes levied in said years, in and by
the City for general corporate purposes of the City, and in said years such annual tax
shall be levied and collected in like manner as taxes for general corporate purposes for
said years are levied and collected and, when collected, such taxes shall be used for
the purpose of paying the principal of and interest on the applicable series of the 2017
(E) In the event that 2017 Bonds are to be issued in principal amounts and
bearing interest such that for any tax levy year an amount less than that set forth in
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paragraphs (A) and (B) of this Section is required to be produced to pay when due the
principal of and interest on the applicable series of 2017 Bonds, then the Finance
Director is authorized and directed to file with the aforesaid County Clerk, on or prior to
the date of delivery of the 2017 Bonds, a direction for abatement of taxes specifying the
exact amount of taxes to be levied to produce the required amounts for each of the
Section 14. Taxes Levied for Payment of Prior Bonds. After the issuance of
the 2017 Bonds, the Finance Director shall file with the County Clerk of Rock Island
County a certificate listing the Prior Bonds and the taxes theretofore levied for the
payment of the principal of and interest on the Prior Bonds due after December 1, 2017
Section 15. Escrow Deposit Agreement. The form of 2017 Escrow Deposit
Agreement, dated as of September 1, 2017, by and between the City and Amalgamated
Bank of Chicago, as Escrow Agent, on file in the office of the City Clerk and presented
at this meeting, is hereby approved. The proper officers of the City are authorized and
directed to execute and deliver the 2017 Escrow Deposit Agreement on behalf of the
City.
Section 16. Downtown Tax Allocation Fund. The Special Downtown Tax
Increment Allocation Fund (the Downtown Tax Allocation Fund) established pursuant
accordance with the provisions of the Tax Increment Allocation Redevelopment Act,
Division 74.4 of Article 11 of the Illinois Municipal Code (the Redevelopment Act).
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Pursuant to the provisions of the Redevelopment Act, the moneys held in the
Downtown Tax Allocation Fund and the taxes and other moneys to be deposited therein
pursuant to the Redevelopment Act are hereby pledged for the payment of
the Downtown Tax Increment Financing Redevelopment Plan and Project of the City
(the Downtown Redevelopment Plan) and as security for the payment of the 2017B
Bonds. This pledge is made pursuant to Section 13 of the Local Government Debt
Reform Act and the moneys held in the Downtown Tax Allocation Fund, including the
2017B Debt Service Account (which is hereby established as a special account of the
City within the Downtown Tax Allocation Fund), shall immediately be subject to the lien
of such pledge without any physical delivery or further act. The lien of such pledge shall
be valid and binding as against all parties having claims of any kind in tort, contract or
otherwise against the City irrespective of whether such parties have notice thereof.
Such pledge is subject to the limitation that moneys not required, pledged, earmarked or
otherwise designated for the payment and securing of obligations and anticipated
Nothing herein contained shall restrict the power of the City to pledge such
moneys and taxes for the benefit and security of the holders of additional bonds issued
by the City; to subordinate existing pledges of such moneys or to alter the use and
distribution of moneys in the Downtown Tax Allocation Fund to the extent such
alteration shall be made in furtherance of the purposes of the Redevelopment Act and
the Downtown Redevelopment Plan. Moneys held in the Downtown Tax Allocation
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Fund that are to be used for the payment of the principal of and interest on the 2017B
Bonds may be deposited in the 2017B Debt Service Account established by this
ordinance, and upon such deposit such moneys shall be used solely for the payment of
Section 17. Application of Bond Proceeds. (A) The proceeds of sale of the
Deposit Agreement, the amount, together with any other moneys of the City
deposited therein, necessary to provide for the payment of the interest on and
redemption price of the 2008A Prior Bonds and the 2009B Prior Bonds.
established as special fund of the City, the amount of such proceeds of sale
(B) The proceeds of sale of the 2017B Bonds shall be applied as follows:
1. To the 2017 Escrow Fund, the amount, together with any other
moneys of the City deposited therein, necessary to provide for the payment of
the interest on and redemption price of the 2008B Prior Bonds and the 2009A
Prior Bonds.
Section 18. Debt Service Funds and Accounts. (A) The tax receipts derived
from the taxes levied pursuant to paragraph (A) of Section 13 of this ordinance to pay
the principal of and interest on the 2017A Bonds and all other moneys to be used for the
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payment of the principal of and interest on the 2017A Bonds, shall be deposited in the
2017A Debt Service Fund, which is hereby established as special fund of the City and
shall be administered as a bona fide debt service fund under the Internal Revenue Code
(B) The tax receipts derived from the taxes levied pursuant to paragraph (B)
of Section 13 of this ordinance to pay the principal of and interest on the 2017B Bonds
and all other moneys to be used for the payment of the principal of and interest on the
2017B Bonds shall be deposited in the 2017B Debt Service Account, which is hereby
established as a special account of the City within the Downtown Special Tax Allocation
Fund and shall be administered as a bona fide debt service fund under the Code.
(C) Concurrently with the issuance of the 2017A Bonds, the City shall deposit
into the 2017A Debt Service Fund an amount sufficient to provide for the punctual
payment of the interest on the 2017A Bonds to become due on December 1, 2017.
(D) Concurrently with the issuance of the 2017B Bonds, the City shall deposit
into the 2017B Debt Service Account an amount sufficient to provide for the punctual
payment of the interest on the 2017B Bonds to become due on December 1, 2017.
deposited into the 2017A Debt Service Fund or the 2017B Debt Service Account for
each series of the 2017 Bonds, including the tax receipts derived from the taxes levied
pursuant to this ordinance, are pledged as security for the payment of the principal of
and interest on such series of the 2017 Bonds. These pledges are made pursuant to
Section 13 of the Local Government Debt Reform Act and shall be valid and binding
from the date of issuance of the 2017 Bonds. All such tax receipts and the moneys held
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in the 2017A Debt Service Fund and the 2017B Debt Service Account shall immediately
be subject to the lien of such pledge without any physical delivery or further act and the
lien of such pledge shall be valid and binding as against all parties having claims of any
kind in tort, contract or otherwise against the City irrespective of whether such parties
Improvement Fund shall be used to pay costs of the Road Projects and for the payment
of costs of issuance of the 2017A Bonds, but may hereafter be reappropriated and used
for other purposes if such reappropriation is permitted under Illinois law and will not
adversely affect the exclusion from gross income for federal income tax purposes of
Section 21. Expense Fund. Moneys in the 2017 Expense Fund shall be used
for the payment of costs of issuance of the 2017B Bonds, but may hereafter be
reappropriated and used for other purposes if such reappropriation is permitted under
Illinois law and will not adversely affect the exclusion from gross income for federal
moneys in the 2017 Escrow Fund, the 2017A Capital Improvement Fund, the 2017
Expense Fund, the 2017A Debt Service Fund or the 2017B Debt Service Account,
except in accordance with the tax covenants set forth in Section 23 of this ordinance.
All income derived from investments in respect of moneys or securities in any Fund or
Account shall be credited in each case to the Fund or Account in which such moneys or
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Any moneys in any Fund or Account that are subject to investment yield
restrictions may be invested in United States Treasury Securities, State and Local
investment property within the meaning of Section 148(b)(2) of the Code. The
Finance Director and agents designated by her are hereby authorized to submit, on
behalf of the City, subscriptions for such United States Treasury Securities and to
Section 23. Tax Covenants. The City shall not take, or omit to take, any action
lawful and within its power to take, which action or omission would cause interest on
any 2017 Bond to become subject to federal income taxes in addition to federal income
taxes to which interest on such 2017 Bond is subject on the date of original issuance
thereof.
The City shall not permit any of the proceeds of the 2017 Bonds, or any facilities
financed with such proceeds, to be used in any manner that would cause any 2017
Bond to constitute a private activity bond within the meaning of Section 141 of the
Code.
The City shall not permit any of the proceeds of the 2017 Bonds or other moneys
to be invested in any manner that would cause any 2017 Bond to constitute an
arbitrage bond within the meaning of Section 148 of the Code or a hedge bond within
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The City shall comply with the provisions of Section 148(f) of the Code relating to
the rebate of certain investment earnings at periodic intervals to the United States of
America.
Section 24. Bank Qualified Designation. The City hereby designates the
the Code. The City represents that the reasonably anticipated amount of tax-exempt
obligations that are required to be taken into account for the purpose of
Section 265(b)(3)(C) of the Code and will be issued by or on behalf of the City and all
subordinate entities of the City during 2017 does not exceed $10,000,000. The City
covenants that it will not designate and issue more than $10,000,000 aggregate
principal amount of tax-exempt obligations in the year in which the 2017 Bonds are
issued. For purposes of the two preceding sentences, the term tax-exempt obligations
includes qualified 501(c)(3) bonds (as defined in Section 145 of the Code) but does
not include other private activity bonds (as defined in Section 141 of the Code).
Section 25. Continuing Disclosure. For the benefit of the beneficial owners of
the 2017 Bonds, the City covenants and agrees to provide to the Municipal Securities
Rulemaking Board (the MSRB) for disclosure on the Electronic Municipal Market
annual report containing certain financial information and operating data relating to the
City and (ii) timely notices of the occurrence of certain enumerated events. All
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The annual report shall be provided to the MSRB for disclosure on EMMA within
210 days after the close of the Citys fiscal year. The information to be contained in the
annual report shall consist of the annual audited financial statement of the City and such
additional information as noted in the Official Statement under the caption Continuing
Disclosure. Each annual audited financial statement will conform to generally accepted
audited financial statement is not available, then an unaudited financial statement shall
be included in the annual report and the audited financial statement shall be provided
The City, in a timely manner not in excess of ten business days after the
occurrence of the event, shall provide notice to the MSRB for disclosure on EMMA of
any failure of the City to provide any such annual report within the 210 day period and of
the occurrence of any of the following events with respect to the 2017 Bonds:
(1) principal and interest payment delinquencies; (2) non-payment related defaults, if
material; (3) unscheduled draws on debt service reserves reflecting financial difficulties;
(5) substitution of credit or liquidity providers, or their failure to perform; (6) adverse tax
material notices or determinations with respect to the tax-exempt status of the 2017
Bonds, or other events affecting the tax-exempt status of the 2017 Bonds;
(7) modifications to rights of Bondholders, if material; (8) 2017 Bond calls, if material;
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(9) defeasances; (10) release, substitution or sale of property securing repayment of the
2017 Bonds, if material; (11) rating changes; (12) tender offers; (13) bankruptcy,
insolvency, receivership or similar event of the City; (14) the consummation of a merger,
consolidation, or acquisition involving the City or the sale of all or substantially all of the
assets of the City, other than in the ordinary course of business, the entry into a
agreement relating to any such actions, other than pursuant to its terms, if material; and
trustee, if material. For the purposes of the event identified in clause (13), the event is
considered to occur when any of the following occur: the appointment of a receiver,
fiscal agent or similar officer for the City in a proceeding under the U.S. Bankruptcy
Code or in any other proceeding under state or federal law in which a court or
governmental authority has assumed jurisdiction over substantially all of the assets or
business of the City, or if such jurisdiction has been assumed by leaving the existing
governing body and officials or officers in possession but subject to the supervision and
supervision or jurisdiction over substantially all of the assets or business of the City.
It is found and determined that the City has agreed to the undertakings contained
in this Section in order to assist participating underwriters of the 2017 Bonds and
brokers, dealers and municipal securities dealers in complying with Securities and
Act of 1934. The City Director of Finance or his designee is authorized and directed to
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do and perform, or cause to be done or performed, for or on behalf of the City, each and
every thing necessary to accomplish the undertakings of the City contained in this
Section for so long as Rule 15c2-12(b)(5) is applicable to the 2017 Bonds and the City
remains an obligated person under the Rule with respect to the 2017 Bonds.
The undertakings contained in this Section may be amended by the City upon a
law, or change in the identity, nature or status of the obligated person, or type of
business conducted, provided that (a) the undertaking, as amended, would have
complied with the requirements of Rule 15c2-12(b)(5) at the time of the primary offering,
after taking into account any amendments or interpretations of the Rule, as well as any
change in circumstances and (b) in the opinion of nationally recognized bond counsel
selected by the City, the amendment does not materially impair the interests of the
Section 26. Bond Registrar. The City covenants that it shall at all times retain
a bond registrar with respect to the 2017 Bonds, that it will maintain at the designated
office of such bond registrar a place where 2017 Bonds may be presented for payment
and registration of transfer or exchange and that it shall require that the bond registrar
maintain proper registration books and perform the other duties and obligations
imposed upon the bond registrar by this ordinance in a manner consistent with the
The bond registrar shall signify its acceptance of the duties and obligations
2017 Bond, and by such execution the bond registrar shall be deemed to have certified
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US_127712425v1_270202-00037 7/25/2017 3:30 PM
to the City that it has all requisite power to accept, and has accepted such duties and
obligations not only with respect to the 2017 Bond so authenticated but with respect to
all the 2017 Bonds. The bond registrar is the agent of the City and shall not be liable in
connection with the performance of its duties except for its own negligence or default.
The bond registrar shall, however, be responsible for any representation in its certificate
The City may remove the bond registrar at any time. In case at any time the
bond registrar shall resign or shall be removed or shall become incapable of acting, or
the bond registrar, or of its property, shall be appointed, or if any public officer shall take
charge or control of the bond registrar or of its property or affairs, the City covenants
and agrees that it will thereupon appoint a successor bond registrar. The City shall mail
notice of any such appointment made by it to each registered owner of 2017 Bonds
Section 27. Book-Entry System. In order to provide for the initial issuance of
the 2017 Bonds in a form that provides for a system of book-entry only transfers, the
ownership of one fully registered bond for each maturity of each series of the 2017
Bonds, in the aggregate principal amount of such maturity, shall be registered in the
name of Cede & Co., as a nominee of The Depository Trust Company, as securities
depository for the 2017 Bonds. The Finance Director is authorized to execute and
deliver on behalf of the City such letters to, or agreements with, the securities
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US_127712425v1_270202-00037 7/25/2017 3:30 PM
In case at any time the securities depository shall resign or shall become
incapable of acting, then the City shall appoint a successor securities depository to
provide a system of book-entry only transfers for the 2017 Bonds, by written notice to
the predecessor securities depository directing it to notify its participants (those persons
for whom the securities depository holds securities) of the appointment of a successor
securities depository.
If the system of book-entry only transfers for the 2017 Bonds is discontinued,
then the City shall issue and the bond registrar shall authenticate, register and deliver to
the beneficial owners of the 2017 Bonds, bond certificates in replacement of such
beneficial owners beneficial interests in the 2017 Bonds, all as shown in the records
Section 28. Defeasance and Payment of Bonds. (A) If the City shall pay or
cause to be paid to the registered owners of the 2017 Bonds, the principal and interest
due or to become due thereon, at the times and in the manner stipulated therein and in
this ordinance, then the pledge of taxes, securities and funds hereby pledged and the
covenants, agreements and other obligations of the City to the registered owners and
the beneficial owners of the 2017 Bonds shall be discharged and satisfied.
or prior to the maturity date of such 2017 Bonds, shall be deemed to have been paid
within the meaning of paragraph (A) of this Section if (1) in case any such 2017 Bonds
are to be redeemed prior to the maturity thereof, there shall have been taken all action
necessary to call such 2017 Bonds for redemption and notice of such redemption shall
have been duly given or provision shall have been made for the giving of such notice,
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US_127712425v1_270202-00037 7/25/2017 3:30 PM
and (2) there shall have been deposited in trust with a bank, trust company or national
banking association acting as fiduciary for such purpose either (i) moneys in an amount
which shall be sufficient, or (ii) Federal Obligations as defined in paragraph (C) of this
Section, the principal of and the interest on which when due will provide moneys which,
together with any moneys on deposit with such fiduciary at the same time for such
purpose, shall be sufficient, to pay when due the principal of and interest due and to
become due on said 2017 Bonds on and prior to the applicable redemption date or
(C) As used in this Section, the term Federal Obligations means (i) non-
callable, direct obligations of the United States of America, (ii) non-callable and non-
prepayable, direct obligations of any agency of the United States of America, which are
installments from the securities described in clause (i) or clause (ii) of this paragraph,
which are stripped pursuant to programs of the Department of the Treasury of the
United States of America, or (iv) coupons or interest installments stripped from bonds of
ordinance shall constitute a contract between the City and the registered owners of the
2017 Bonds. Any pledge made in this ordinance for the benefit of a series of the 2017
Bonds and the provisions, covenants and agreements herein set forth to be performed
by or on behalf of the City with respect to the 2017 Bonds shall be for the equal benefit,
protection and security of the owners of any and all of the 2017 Bonds of such series.
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US_127712425v1_270202-00037 7/25/2017 3:30 PM
All of the 2017 Bonds of such series, regardless of the time or times of their issuance,
shall be of equal rank without preference, priority or distinction of any of the 2017 Bonds
of such series over any other thereof except as expressly provided in or pursuant to this
ordinance. This ordinance shall constitute full authority for the issuance of the 2017
Bonds and to the extent that the provisions of this ordinance conflict with the provisions
of any other ordinance or resolution of the City, the provisions of this ordinance shall
section, paragraph or provision shall not affect any of the remaining provisions of this
ordinance.
In this ordinance, reference to an officer of the City includes any person holding
that office on an interim basis and any person delegated the authority to act on behalf of
such officer.
Section 30. Publication. The City Clerk is hereby authorized and directed to
publish this ordinance in pamphlet form and to file copies thereof for public inspection in
her office.
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US_127712425v1_270202-00037 7/25/2017 3:30 PM
Section 31. Effective Date. This ordinance shall become effective upon its
Passed and adopted this 28th day of August, 2017, by roll call vote, as follows:
Ayes:
Nays:
________________________________
Mayor
(SEAL)
Attest:
________________________________
City Clerk
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US_127712425v1_270202-00037 7/25/2017 3:30 PM
CERTIFICATE
I, Judith Gilbert, City Clerk of the City of Rock Island, Illinois, hereby certify that
Obligation Bonds of 2017 of the City of Rock Island, Illinois, is a true copy of an original
ordinance that was duly adopted by the recorded affirmative votes of a majority of the
members of the City Council of the City, at a meeting thereof that was duly called and
held at 6:45 p.m. on August 28, 2017, in the Council Chambers at the City Hall, and at
which a quorum was present and acting throughout, and that said copy has been
compared by me with the original ordinance signed by the Mayor on August 28, 2017
and thereafter published in pamphlet form on August 29, 2017, and recorded in the
Ordinance Book of the City and that it is a correct transcript thereof and of the whole of
said ordinance, and that said ordinance has not been altered, amended, repealed or
I further certify that the agenda for said meeting included the ordinance as a
matter to be considered at the meeting and that said agenda was posted at least
48 hours in advance of the holding of the meeting in the manner required by the Open
Meetings Act, 5 Illinois Compiled Statutes 120, and was continuously available for
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of
________________________________
City Clerk
(SEAL)
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US_127712425v1_270202-00037 7/25/2017 3:30 PM
2017 ESCROW DEPOSIT AGREEMENT
WHEREAS, pursuant to the Bond Ordinance adopted by the City Council of the
City on August 28, 2017, the City has authorized the issuance of its $_____,000 General
Obligation Bonds, Series 2017A (the 2017A Bonds) and its $_____,000 General Obligation
Refunding Bonds, Series 2017B (the 2017B Bonds and together with the 2017A Bonds, the
2017 Bonds) and part of the proceeds of the 2017 Bonds will be used to refund the 2008A
Bonds, the 2008B Bonds, the 2009A Bonds and the 2009B Bonds (collectively, the Prior
Bonds).
WHEREAS, the City has elected to redeem each series of the Prior Bonds at a
redemption price of par on the following redemption dates:
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US_127714417v1_270202-00037 7/21/2017 11:16 AM
WHEREAS, a portion of the proceeds of the 2017 Bonds are to be invested in the
obligations set forth in Schedule A attached hereto so that the maturing principal of and the
interest earned on such obligations together with other moneys held hereunder will be sufficient
to pay the Bond Payment Requirements consisting of (i) the redemption price of each Prior
Bond on its redemption date, and (ii) the interest on each Prior Bond on its redemption date and
on each interest payment date to and including its redemption date.
1. There is hereby created and established with the Escrow Agent, a special
and irrevocable escrow fund designated the 2017 Escrow Fund (the Escrow Fund) to be held
in the custody of the Escrow Agent separate and apart from other funds of or held by the City or
the Escrow Agent.
2. Concurrently with the execution of this Agreement, the City shall deliver
to the Escrow Agent for deposit into the Escrow Fund the sum of $_______________, of which
$_______________ shall be uninvested and the remainder of $_______________ shall be
applied to purchase the United States Treasury obligations listed in Schedule A attached hereto
(the Government Obligations).
4. Except as provided herein, the Escrow Agent shall have no power or duty
to invest any moneys held hereunder or to sell, transfer or otherwise dispose of, or to make
substitutions of, the Government Obligations.
The Escrow Agent shall not make substitutions of the Government Obligations
held hereunder or sell, transfer or otherwise dispose of such Government Obligations provided,
however, that:
(a) At the written request of the City and upon compliance with the conditions
hereinafter stated, the Escrow Agent shall, to the extent from time to time permitted by
law, have the power to sell, transfer, otherwise dispose of or request the redemption of
the Government Obligations acquired hereunder and to substitute therefor other non-
callable, direct obligations of the United States of America, Refcorp interest strips or
securities fully and unconditionally guaranteed as to the timely payment of principal and
interest by the United States of America, provided, that the full faith and credit of the
United States of America has been pledged to any such direct obligation or guarantee.
The Escrow Agent shall purchase such substituted Government Obligations with the
proceeds derived from the sale, transfer, disposition or redemption of the Government
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US_127714417v1_270202-00037 7/21/2017 11:16 AM
Obligations. The substitution of Government Obligations described above may be
effected only if:
(ii) the City shall furnish the Escrow Agent with an unqualified
opinion of nationally recognized attorneys on the subject of municipal bonds to
the effect that the substitution is then permitted by law and will not cause any of
the Prior Bonds or the 2017 Bonds to become an arbitrage bond as hereinafter
defined.
The City hereby covenants that no part of the moneys or funds at any time in the
Escrow Fund shall be used directly or indirectly to acquire any securities or obligations the
acquisition of which would cause any of the Prior Bonds or the 2017 Bonds to be an arbitrage
bond as defined in Section 148 of the Internal Revenue Code of 1986 and the rules and
regulations promulgated thereunder, as then in effect.
5. The City has irrevocably elected to redeem the Prior Bonds as provided in
the Bond Ordinance and this Agreement. The City agrees to provide the paying agent from each
series of the Prior Bonds with irrevocable instructions regarding the redemption of the Prior
Bonds.
6. The owners of the Prior Bonds shall have an express lien on all moneys
and Government Obligations in the Escrow Fund until paid out and applied in accordance with
this Agreement. The Escrow Agent shall not have a lien or claim on the Escrow Fund for the
payment of its fees and expenses.
8. The Escrow Agent, acting in good faith and in its sole discretion, may
disregard any and all notices or instructions given by the City or by any other person, firm or
corporation, except (i) notices or instructions specifically provided for under this Agreement and
(ii) orders or process of any court. If any property subject to this Agreement is at any time
attached, garnished, or levied upon under any court order or in case the payment, assignment,
-4-
US_127714417v1_270202-00037 7/21/2017 11:16 AM
transfer, conveyance or delivery of any such property shall be stayed or enjoined by any court
order, or in case any order, judgment or decree shall be made or entered by any court affecting
such property or any part thereof, then and in any of such events the Escrow Agent, in its sole
discretion, may rely upon and comply with any such order, writ, judgment, or decree which it is
advised by its legal counsel is binding upon it.
9. The Escrow Agent shall not be personally liable for any action taken or
omitted under this Agreement if taken or omitted in good faith and in the exercise of its own best
judgment. The Escrow Agent shall also be duly protected in relying upon any written notice,
demand, certificate or document that it in good faith believes to be genuine.
10. The Escrow Agent has all the powers and duties herein set forth with no
liability in connection with any act or omission to act hereunder, except for its own negligence or
willful breach of trust, and shall be under no obligation to institute any suit or action or other
proceeding under this Agreement or to enter any appearance in any suit, action or proceeding in
which it may be defendant or to take any steps in the enforcement of its, or any, rights and
powers hereunder, nor shall be deemed to have failed to take any such action, unless and until it
shall have been indemnified by the City to its satisfaction against any and all costs and expenses,
outlays, counsel fees and other disbursements, including its own reasonable fees, and if any
judgment, decree or recovery be obtained by the Escrow Agent, payment of all sums due it, as
aforesaid, shall be a first charges against the amount of any such judgment, decree or recovery.
11. This Agreement shall terminate on December 15, 2017. Any moneys and
obligations remaining in the Escrow Fund upon termination of this Agreement shall be
transferred to the City.
13. This Agreement is made for the benefit of the City, the Escrow Agent and
the owners from time to time of the Prior Bonds and it shall not be repealed, revoked, altered or
amended without the written consent of all such owners, and the written consent of the Escrow
Agent; provided however, that the City and the Escrow Agent may, without the consent of, or
notice to, such owners, enter into such agreements supplemental to this Agreement as shall not
adversely affect the rights of such owners and as shall not be inconsistent with the terms and
provisions of this Agreement, for any one or more of the following purposes:
(a) to cure any ambiguity or formal defect or omission in this Agreement; and
(b) to grant to, or confer upon the Escrow Agent for the benefit of the owners
of the Prior Bonds, any additional rights, remedies, powers or authority that may lawfully
be granted to, or conferred upon, the Escrow Agent.
The Escrow Agent shall be entitled to rely exclusively upon an unqualified opinion of nationally
recognized attorneys on the subject of municipal bonds with respect to compliance with this
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US_127714417v1_270202-00037 7/21/2017 11:16 AM
Agreement, including the extent, if any, to which any change, modification, addition or
elimination affects the rights of the owners of the Prior Bonds or that any instrument executed
hereunder complies with the conditions and provisions of this Section.
-6-
US_127714417v1_270202-00037 7/21/2017 11:16 AM
IN WITNESS WHEREOF, the parties hereto have each caused this 2017 Escrow
Deposit Agreement to be executed by their duly authorized officers as of the date first above
written.
By:
Mayor
(SEAL)
Attest:
By:
City Clerk
By:
Authorized Officer
(SEAL)
Attest:
By:
Authorized Officer
-7-
US_127714417v1_270202-00037 7/21/2017 11:16 AM
SCHEDULE A
GOVERNMENT OBLIGATIONS
-8-
US_127714417v1_270202-00037 7/21/2017 11:16 AM
101 General Fund 111 1st Ward July 21, 2017 through
201 TIF #1 Downtown 112 2nd Ward July 27, 2017
202 TIF #2 South 11th Street 113 3rd Ward Total: $479,299.00
203 TIF #3 North 11th Street 114 4th Ward
204 TIF #4 Jumers Casino Rock Island 115 5th Ward
205 TIF #5 Columbia Park 116 6th Ward
206 TIF #6 NE 1280/Parkway 117 7th Ward
207 Community/Economic Development 118 Mayor
208 TIF #7 20th Street/1st Ave 119 Mayor/Council Administration
209 TIF #8 Watchtower 122 General Administration
210 Public Benefits 123 Legal Services
211 MLK Center 131 City Clerk
212 MLK Facility Improvement 155 Personnel Administration
221 Motor Fuel Tax 156 Personnel Services
222 Foreign Fire Insurance 157 Insurance
223 Riverboat Gaming 211 Finance Administration
224 State Drug Prevention 212 Customer Service
225 DUI Fine Law 213 Accounting Services
226 Court Supervision 256 Information Technology
227 Crime Laboratory 311 Community/Economic Dev. Admin.
241 US Department of Justice Grant 312 Economic Development
242 Community Development Block Grant 313 Planning/Redevelopment
243 Federal Drug Prevention 314 Inspection
245 Schwiebert Park Boat Dock 356 MLK Community Center
246 Ridgewood Business Parks 411 Police Administration
251 Public Library 412 Field Operations Bureau
271 Honor Guard Contributions 413 Criminal Investigation Bureau
272 DARE 414 Administrative/Technical Services Bureau
273 Police Contributions 451 Fire Administration
274 Elderly Service Contributions 452 Fire Emergency Services
275 RI Auxiliary Police 453 Fire Protective Inspect
276 RI Labor Day Parade 454 Ambulance
277 ESO Christmas Tour 611 Public Works Administration
278 Adopt a School 612 Motor Vehicle Parking System
282 LEAD Grant 613 Water Meter Services
301 Capital Improvements 615 Engineering
405 Debt Service 616 Municipal Services
501 Water Operation & Maintenance 617 Fleet Services
502 Water Capital 2010A BABS 618 Utility Services
506 Wastewater Operation & Maint. 619 Utility Maintenance
507 Stormwater Utility 711 Library Administration
508 Wastewater Capital 2010A BABS 712 Library Information Services
541 Sunset Marina 713 Library Circulation
555 Park & Recreation 714 Library Extension
581 CDBG Loan Programs 811 Park/Rec Administration
582 State Affordable Housing 813 Recreation
583 Comm/Econ Dev. Loans 818 Whitewater Aquatic Center
584 CIRLF Loan Fund 819 Schwiebert Riverfront Park
585 MPF Endowment Loans 822 Parks
586 Brownfield Revolving Loan Fund 834 Highland Golf Maintenance
601 Fleet Services 835 Highland Clubhouse
602 Fleet Amortization 846 Golf Pro Shop
606 Engineering 854 Saukie Golf Maintenance
609 Hydroelectric Plant 855 Saukie Clubhouse
621 Self Insurance 867 RIFAC
626 Employee Health Plan 891 Donations P/R Admin
701 Fire Pension 892 Donations Parks
706 Police Pension 893 Donations REC Programs
711 Cafeteria Plan 894 Donations Golf Maintenance
712 Loan Escrow 895 Donations Highland/Saukie Clubhouse
831 GASB 34 897 Donations RIFAC
901 MLK Activity 899 Donations Riverfront Park
906 Dept. of Human Services 910 Police/Fire Commission
907 MLK Capital Contributions 920 Fire Pension
950 Public Library Foundation 930 Police Pension
940 Cafeteria Plan
REPORT: CHECKREG GENERATED: 05 FEB 15 19:33 RUN: THURSDAY JUL272017 09:10 PAGE 1
REPORT PARAMETERS
---------------------------
ORGANIZATION : 010
BANK : 1
PRINT DETAILS : Y
1 25508 $198.26 07/27/17 08104 0 ALL STAR PRO GOLF INC CLEARED
198.26 555-846721-52506-0000000 pro natural tees 261271
1 25513 $13392.49 07/27/17 00297 0 BLICK & BLICK OIL INC CLEARED
13293.05 541-617592-52507-0000000 FUEL PURCHASE 071317 - INV# 47 47633
99.44 601-617364-52203-0000000 Fuel: #581 50904966
1 25562 $101.22 07/27/17 00880 0 ROCK ISLAND ANIMAL HOSPITAL LTD CLEARED
101.22 101-412207-53105-0000000 ALEX & BOSCO VET 144121
1 25563 $799.88 07/27/17 01408 0 ROCK ISLAND ELECTRIC MOTOR REPAIR INC CLEARED
799.88 506-618341-52305-0000000 nord input gear 0113295
1 25574 $412.40 07/27/17 02423 0 VERMEER SALES & SERVICE, INC. CLEARED
48.74 601-617364-52305-0000000 FLEET-2017-0001880 P49696
2.43 601-617364-52305-0000000 FLEET-2017-0001880
32.97 601-617364-52305-0000000 FLEET-2017-0001880
328.26 601-617364-52204-0000000 FLEET-2017-0001901 P49741
1 151383 $2063.75 07/27/17 07922 0 ANCEL, GLINK, DIAMOND, BUSH, DICIANNI OUTSTANDING
2063.75 207-312801-53112-6232223 Zoning Code Rewrite 57997
1 151429 $11365.53 07/27/17 16243 0 FRIENDS OF HAUBERG CIVIC CENTER FOUNDATION OUTSTANDING
10274.28 555-813000-44403-5695000 transactions from 1/1-6/7 071817
1091.25 555-813000-44204-5695000 murder mystery
1 151433 $261.22 07/27/17 12948 0 GPM PUMP & TRUCK INC. OUTSTANDING
261.22 601-617364-52305-0000000 FLEET-2017-0001890 25424
1 151468 $387.75 07/27/17 00826 0 QUAD CITY LAMINATING & TROPHY CO OUTSTANDING
25.50 555-835753-52212-0000000 highland trophy 95842
118.50 555-813521-52212-0000000 plex plaques 95864
243.75 901-356921-54501-6161000 Striders Track Trophies 95869
1 151472 $2830.17 07/27/17 00957 0 ROCK ISLAND COUNTY SHERIFF'S OFFICE OUTSTANDING
2830.17 101-256081-54101-5392000 JULY 2017 WANS/LEADS JULY 2017
1 151480 $229.50 07/27/17 00639 0 TRI STATE FIRE CONTROL INC OUTSTANDING
123.00 555-835753-53804-0000000 highland fire ext maint and re 124191
66.50 555-855702-53804-0000000 saukie fire ext maint and reai 124192
40.00 555-867564-53804-0000000 rifac fire ext maint 124194
1 151481 $205.85 07/27/17 00648 0 TWIN BRIDGES TRUCK CITY INC OUTSTANDING
205.85 601-617364-52305-0000000 FLEET-2017-0001912 485761
FUND TOTALS
-----------
================ ================
TOTAL - 479,299.00 0.00
Steve Fitzsimmons
101 General Fund 111 1st Ward July 28, 2017 through
201 TIF #1 Downtown 112 2nd Ward August 3, 2017
202 TIF #2 South 11th Street 113 3rd Ward Total: $357,032.67
203 TIF #3 North 11th Street 114 4th Ward
204 TIF #4 Jumers Casino Rock Island 115 5th Ward
205 TIF #5 Columbia Park 116 6th Ward
206 TIF #6 NE 1280/Parkway 117 7th Ward
207 Community/Economic Development 118 Mayor
208 TIF #7 20th Street/1st Ave 119 Mayor/Council Administration
209 TIF #8 Watchtower 122 General Administration
210 Public Benefits 123 Legal Services
211 MLK Center 131 City Clerk
212 MLK Facility Improvement 155 Personnel Administration
221 Motor Fuel Tax 156 Personnel Services
222 Foreign Fire Insurance 157 Insurance
223 Riverboat Gaming 211 Finance Administration
224 State Drug Prevention 212 Customer Service
225 DUI Fine Law 213 Accounting Services
226 Court Supervision 256 Information Technology
227 Crime Laboratory 311 Community/Economic Dev. Admin.
241 US Department of Justice Grant 312 Economic Development
242 Community Development Block Grant 313 Planning/Redevelopment
243 Federal Drug Prevention 314 Inspection
245 Schwiebert Park Boat Dock 356 MLK Community Center
246 Ridgewood Business Parks 411 Police Administration
251 Public Library 412 Field Operations Bureau
271 Honor Guard Contributions 413 Criminal Investigation Bureau
272 DARE 414 Administrative/Technical Services Bureau
273 Police Contributions 451 Fire Administration
274 Elderly Service Contributions 452 Fire Emergency Services
275 RI Auxiliary Police 453 Fire Protective Inspect
276 RI Labor Day Parade 454 Ambulance
277 ESO Christmas Tour 611 Public Works Administration
278 Adopt a School 612 Motor Vehicle Parking System
282 LEAD Grant 613 Water Meter Services
301 Capital Improvements 615 Engineering
405 Debt Service 616 Municipal Services
501 Water Operation & Maintenance 617 Fleet Services
502 Water Capital 2010A BABS 618 Utility Services
506 Wastewater Operation & Maint. 619 Utility Maintenance
507 Stormwater Utility 711 Library Administration
508 Wastewater Capital 2010A BABS 712 Library Information Services
541 Sunset Marina 713 Library Circulation
555 Park & Recreation 714 Library Extension
581 CDBG Loan Programs 811 Park/Rec Administration
582 State Affordable Housing 813 Recreation
583 Comm/Econ Dev. Loans 818 Whitewater Aquatic Center
584 CIRLF Loan Fund 819 Schwiebert Riverfront Park
585 MPF Endowment Loans 822 Parks
586 Brownfield Revolving Loan Fund 834 Highland Golf Maintenance
601 Fleet Services 835 Highland Clubhouse
602 Fleet Amortization 846 Golf Pro Shop
606 Engineering 854 Saukie Golf Maintenance
609 Hydroelectric Plant 855 Saukie Clubhouse
621 Self Insurance 867 RIFAC
626 Employee Health Plan 891 Donations P/R Admin
701 Fire Pension 892 Donations Parks
706 Police Pension 893 Donations REC Programs
711 Cafeteria Plan 894 Donations Golf Maintenance
712 Loan Escrow 895 Donations Highland/Saukie Clubhouse
831 GASB 34 897 Donations RIFAC
901 MLK Activity 899 Donations Riverfront Park
906 Dept. of Human Services 910 Police/Fire Commission
907 MLK Capital Contributions 920 Fire Pension
950 Public Library Foundation 930 Police Pension
940 Cafeteria Plan
REPORT: CHECKREG GENERATED: 05 FEB 15 19:33 RUN: THURSDAY AUG032017 09:20 PAGE 1
REPORT PARAMETERS
---------------------------
ORGANIZATION : 010
BANK : 1
PRINT DETAILS : Y
1 25580 $559.95 08/03/17 08104 0 ALL STAR PRO GOLF INC CLEARED
559.95 555-835753-52212-0000000 highland hex eraser pencils 261330
1 25584 $14939.85 08/03/17 00297 0 BLICK & BLICK OIL INC CLEARED
6245.84 601-617364-52203-0000000 3503 Gals Gasohol 47915
1970.00 601-617364-52203-0000000 1000 Gals Regular No Lead 47916
6823.45 601-617364-52203-0000000 3501 Gals #2 LS Diesel Fuel 47917
99.44- 601-617364-52203-0000000 Credit/wrong vendor payment 50904966A
1 25591 $25.99 08/03/17 00488 0 CULLIGAN OF THE QUAD CITIES INC CLEARED
25.99 211-356941-53801-0000000 Culligan of Davenport 778390-072517
1 25594 $22.16 08/03/17 01241 0 D & L SURPLUS & SPECIALTIES INC. CLEARED
22.16 601-617364-52305-0000000 FLEET-2017-0001933 313894
1 25600 $20081.86 08/03/17 14850 0 FINER FINISH GROUNDS CARE LLC CLEARED
13896.86 101-616334-53822-6224223 Mowing Contract 101290
REPORT: CHECKREG GENERATED: 05 FEB 15 19:33 RUN: THURSDAY AUG032017 09:20 PAGE 4
1 25601 $26015.13 08/03/17 05125 0 GAS & ELECTRIC CREDIT UNION CLEARED
26015.13 051-000000-21403-0000000 PAYROLL FOR - 080417 080417 PAYROLL
1 25610 $80.00 08/03/17 13512 0 J & J LOCKS, SAFES & ALARMS, INC. CLEARED
80.00 101-617111-53801-0000000 Repair door lock at CH 41791
1 25623 $1834.56 08/03/17 00783 0 PER MAR SECURITY & RESEARCH CORPORATION CLEARED
524.16 101-212384-53822-0000000 prkng attendant wk end Jul 08 413300
655.20 101-212384-53822-0000000 prkng attendant wk end Jul 15 413940
655.20 101-212384-53822-0000000 prkng attendant wk end Jul 22 414156
1 25632 $2137.42 08/03/17 01408 0 ROCK ISLAND ELECTRIC MOTOR REPAIR INC CLEARED
160.00 506-618341-53804-0000000 field service call 0113436
1977.42 506-618341-53804-0000000 service call 0113447
1 25633 $4396.08 08/03/17 01840 0 ROCK ISLAND FIRE UNION LOCAL #26 CLEARED
4396.08 051-000000-21403-0000000 PAYROLL FOR - 080417 080417 PAYROLL
1 25648 $327.70 08/03/17 00802 0 UNITED WAY OF THE QUAD CITIES CLEARED
327.70 051-000000-21403-0000000 PAYROLL FOR - 080417 080417 PAYROLL
1 25650 $287.82 08/03/17 02423 0 VERMEER SALES & SERVICE, INC. CLEARED
13.86 601-617364-52305-0000000 FLEET-2017-0001917 P49793
2.70 601-617364-52305-0000000 FLEET-2017-0001917
155.34 601-617364-52305-0000000 FLEET-2017-0001917
115.92 601-617364-52305-0000000 FLEET-2017-0001951 P49934
1 151489 $5000.00 08/03/17 08451 0 GIRL SCOUTS OF EASTERN IOWA AND WESTERN ILLIN OUTSTANDING
5000.00 101-313851-55110-0000223 Gaming Grant Reimbursement 072117
1 151490 $154.03 08/03/17 12148 14 HUNZIKER HECK & SCHNEIDERHEINZE LLC OUTSTANDING
154.03 051-000000-21403-0000000 PAYROLL FOR - 080417 080417 PAYROLL
1 151499 $43.39 08/03/17 01834 0 POLICE & FIREMENS INSURANCE ASSN OUTSTANDING
43.39 051-000000-21403-0000000 PAYROLL FOR - 080417 080417 PAYROLL
1 151566 $172.04 08/03/17 07760 0 SITEONE LANDSCAPE SUPPLY HOLDINGS, LLC OUTSTANDING
172.04 506-618341-52301-0000000 round up 81861472
1 151571 $112.32 08/03/17 00648 0 TWIN BRIDGES TRUCK CITY INC OUTSTANDING
60.71 601-617364-52305-0000000 FLEET-2017-0001968 486123
51.61 601-617364-52305-0000000 FLEET-2017-0001968
FUND TOTALS
-----------
================ ================
TOTAL - 357,032.67 0.00
Steve Fitzsimmons
101 General Fund 111 1st Ward August 4, 2017 through
201 TIF #1 Downtown 112 2nd Ward August 10, 2017
202 TIF #2 South 11th Street 113 3rd Ward Total: $634,484.67
203 TIF #3 North 11th Street 114 4th Ward
204 TIF #4 Jumers Casino Rock Island 115 5th Ward
205 TIF #5 Columbia Park 116 6th Ward
206 TIF #6 NE 1280/Parkway 117 7th Ward
207 Community/Economic Development 118 Mayor
208 TIF #7 20th Street/1st Ave 119 Mayor/Council Administration
209 TIF #8 Watchtower 122 General Administration
210 Public Benefits 123 Legal Services
211 MLK Center 131 City Clerk
212 MLK Facility Improvement 155 Personnel Administration
221 Motor Fuel Tax 156 Personnel Services
222 Foreign Fire Insurance 157 Insurance
223 Riverboat Gaming 211 Finance Administration
224 State Drug Prevention 212 Customer Service
225 DUI Fine Law 213 Accounting Services
226 Court Supervision 256 Information Technology
227 Crime Laboratory 311 Community/Economic Dev. Admin.
241 US Department of Justice Grant 312 Economic Development
242 Community Development Block Grant 313 Planning/Redevelopment
243 Federal Drug Prevention 314 Inspection
245 Schwiebert Park Boat Dock 356 MLK Community Center
246 Ridgewood Business Parks 411 Police Administration
251 Public Library 412 Field Operations Bureau
271 Honor Guard Contributions 413 Criminal Investigation Bureau
272 DARE 414 Administrative/Technical Services Bureau
273 Police Contributions 451 Fire Administration
274 Elderly Service Contributions 452 Fire Emergency Services
275 RI Auxiliary Police 453 Fire Protective Inspect
276 RI Labor Day Parade 454 Ambulance
277 ESO Christmas Tour 611 Public Works Administration
278 Adopt a School 612 Motor Vehicle Parking System
282 LEAD Grant 613 Water Meter Services
301 Capital Improvements 615 Engineering
405 Debt Service 616 Municipal Services
501 Water Operation & Maintenance 617 Fleet Services
502 Water Capital 2010A BABS 618 Utility Services
506 Wastewater Operation & Maint. 619 Utility Maintenance
507 Stormwater Utility 711 Library Administration
508 Wastewater Capital 2010A BABS 712 Library Information Services
541 Sunset Marina 713 Library Circulation
555 Park & Recreation 714 Library Extension
581 CDBG Loan Programs 811 Park/Rec Administration
582 State Affordable Housing 813 Recreation
583 Comm/Econ Dev. Loans 818 Whitewater Aquatic Center
584 CIRLF Loan Fund 819 Schwiebert Riverfront Park
585 MPF Endowment Loans 822 Parks
586 Brownfield Revolving Loan Fund 834 Highland Golf Maintenance
601 Fleet Services 835 Highland Clubhouse
602 Fleet Amortization 846 Golf Pro Shop
606 Engineering 854 Saukie Golf Maintenance
609 Hydroelectric Plant 855 Saukie Clubhouse
621 Self Insurance 867 RIFAC
626 Employee Health Plan 891 Donations P/R Admin
701 Fire Pension 892 Donations Parks
706 Police Pension 893 Donations REC Programs
711 Cafeteria Plan 894 Donations Golf Maintenance
712 Loan Escrow 895 Donations Highland/Saukie Clubhouse
831 GASB 34 897 Donations RIFAC
901 MLK Activity 899 Donations Riverfront Park
906 Dept. of Human Services 910 Police/Fire Commission
907 MLK Capital Contributions 920 Fire Pension
950 Public Library Foundation 930 Police Pension
940 Cafeteria Plan
Payroll Expense Posting Report
Period Covering: 7/17/17-7/30/17
Pay Date: 8/4/17
FUND Fund Name AMOUNT
101 General Fund $1,024,433.44
201 TIF District #1 Dwntwn $2,377.39
203 TIF District #3 N 11 St $586.50
204 TIF Jumers Casino RI $285.86
205 TIF Columbia Park $160.90
211 ML King Center $7,325.47
224 PD Trash Survey $2,468.35
242 Comm Dev Block Grant $15,796.46
251 Library $63,073.97
501 Water $68,955.11
506 Wastewater $59,469.53
507 Stormwater $21,949.94
510 Refuse $27,501.31
541 Sunset Marina $5,402.70
555 Park & Recreation $131,110.14
601 Fleet Services $35,459.49
606 Engineering $44,219.19
609 Hydropower Plant $5,103.69
621 Self-Insurance $3,348.36
626 Employee Health Ins $1,435.81
901 MLK Activity Fund $9,682.69
905 MLK DCFS Fund $3,958.20
906 MLK DHS Fund $8,633.02
$1,542,737.52
City of Rock Island
ACH Report
07/01/2017-07/31/2017
The Information Technology Department with the Community and Economic Development
Department opened bids for the installation of ten(10) security cameras in and around the area of
Glenhurst Court.
Invitation to bid was posted on the City website and the following vendors were directly
contacted: TriCity Electric, Racom, OMC, CDWG, ITSaavy, Global Wireless, Convergint, On
Guard Security, Anixter, and Connection Inc.
Two bids were received. TriCity Electric of Davenport, IA was the lowest bidder at $37,055.00,
which is 24% higher than the design estimate of $30,000. TriCity Electric Co. Davenport, IA
was responsive to the requirements, and they have on-file information to document requested
items pertaining to the City ordinance for defining responsible bidders.
Recommendation:
The Information Technology Department recommends that the City Council award the bid to
TriCity Electric of Davenport, IA in the amount of $37, 055.00 and authorize the City Manager
to sign the contract documents.
In 2006 the City of Rock Island began building fiber optic infrastructure to support the data and
communications needs of municipal operations throughout the city. A small amount of extra
capacity was added to support partnering with others for fiber needs. Rock Island County
partnered with the City to provision infrastructure at two County buildings located within Rock
Island. The City retains ownership and the County continues to have need for the fiber
connection for an additional two years. The attached documents are lease renewal documents
drafted by the City Attorney and reviewed by Rock Island County.
Recommendation:
The Information Technology Department recommends that the City Council authorize the City
Manager to sign the agreements for fiber optic use between the City of Rock Island and Rock
Island County.
Applicant Information
Zoning: B4
Background:
On May 15, 2017 Council approved the sale of the aforementioned City property for a Caseys
Mini Truck Stop.
Economic Development Staff and legal counsel have finalized the agreement with Caseys
Retail Company to purchase said property for Fifty Thousand Dollars ($50,000.00).
RECOMMENDATION:
Council approve the attached purchase agreement and authorize the City Manager to execute
the contract document and suspend the rules and pass the attached ordinance.
Section One: It is hereby determined that the retention of the title to the following real
estate owned by The City of Rock Island, Illinois, is no longer necessary, appropriate, required
for the use of, profitable to, or for the best interests of The City of Rock Island, Illinois:
(Commonly known as the NW Corner of Andalusia Road and IL-92 (a/k/a Centennial
Expressway), Rock Island, Illinois)
Section Two: The City of Rock Island, Illinois, has received an offer to purchase the
aforementioned described real estate for the sum of $50,000.00 from CASEYS RETAIL
COMPANY, and it is hereby determined that said purchase price is fair and equitable between the
parties and it is in the best interest that said real estate be sold for said purchase price.
Section Three: Mayor, Mike Thoms, and the City Clerk be, and are hereby authorized
and directed to execute on behalf of THE CITY OF ROCK ISLAND, ILLINOIS, a Warranty
Deed conveying the above-described real estate to CASEYS RETAIL COMPANY, for the sum
of $50,000.00.
Section Four: All ordinances and part of ordinances in conflict herewith are hereby
repealed insofar as they do so conflict.
Section Five: This ordinance shall be in full force and effect 10 days after its passage and
approval, as required by law.
_______________________________________
MAYOR OF THE CITY OF ROCK ISLAND
PASSED: ___________________________
APPROVED: ___________________________
ATTEST: ___________________________
CITY CLERK
Memorandum
Community and Economic Development
To: Randall Tweet, City Manager
Economic Development Staff and legal counsel have finalized the agreement with Rock Island
Coffee (RIC) to purchase the City property located at 2711 18th Avenue for the appraised price
of Five Thousand Five Hundred Dollars ($5,500.00).
Staff and RIC have also agreed to the following sales based incentives for the project.
The City will receive Prepared Food and Beverage tax revenue calculated as 1.5% of RICs
sales at the site. The City agrees to rebate two thirds (2/3) of the Prepared Food and Beverage
tax revenue the City receives from sales generated by RIC at the site for a period of Seven (7)
years commencing on the first day upon which operations result in the obligation of RIC to pay
Prepared Food and Beverage tax and terminating Seven years thereafter. However the Citys
obligation to rebate 2/3 of the Prepared Food and Beverage tax revenue which the City receives
from RICs operation of the site will terminate automatically and immediately upon RIC/ Dunkin
Donuts ceasing operations at any time prior to the expiration of the seven year time period.
Upon Councils approval of the aforementioned terms, CED staff will work with legal counsel to
finalize the sale of the property.
RECOMMENDATION:
Council approve the sale of the 2711 18th Avenue property and approve the aforementioned
sales based incentives and authorize execution of the documents by the City manager, subject
to minor attorney modifications.
The City of Rock Island has been negotiating with Saratoga Capital LLC to agree upon an incentive
package that will allow the property commonly known as the VanDerGinst / Riverview Lofts / Best
Building to be redeveloped into 33 market rate residential units and an 11 room boutique hotel.
Saratoga Capital LLC will also be responsible for restoration of the Chief Blackhawk mural, sidewalk,
and visitor drop off safety improvements.
The incentive package consists of TIF funds and tax rebates of the Citys portion of real estate taxes
with an amount not to exceed $1,000,000 or 20 years, whichever comes first. The city will also
contribute up to $100,000, on a reimbursable basis, for the restoration of the Chief Blackhawk mural;
up to $75,000, on a reimbursable basis, towards sidewalk and visitor/guest safety improvements; up
to $100,000, on a reimbursable basis, towards the commercial area to be used by residents, hotel
guests and the public.
A reimbursement process to protect the Citys contribution has been established through this
agreement. The Citys funds will be released after a Certificate of Occupancy has been granted for the
project by the appropriate City Department.
RECOMMENDATION
The Community & Economic Development Department recommends that City Council approve the
development agreement and authorize the City Manager to execute the contract documents.
WHEREAS, the Developer proposes to acquire or has acquired the property commonly
described as Best Building/Riverview Lofts/VanDerGinst Building, located at 1701-1705
2nd A venue, Rock Island and legally described in Exhibit A, attached hereto and made a
part hereof (the "Property") and
WHEREAS, the Developer proposes to redevelop the Property with thirty-three (33)
market rate rental residential units, an eleven (11) room boutique hotel, an approximate
square foot first floor commercial retail space to service the residents, guests, and general
public, and restore the historic Blackhawk mural and make sidewalk safety improvements
in accordance with the plans to be prepared by the Developer and approved by the City
(the "Project"); and
WHEREAS, the Property is located within the Redevelopment Project Area; and
WHEREAS, to facilitate the development and construction of the Project and subject to
and in accordance with the terms of this Agreement and the TIF Act, the City has agreed
1
to reimburse the Developer for certain redevelopment project costs, as such term is
defined in the TIF Act, (the "Redevelopment Project Costs") that the Developer incurs, in
connection with the development and construction of the Project; and
WHEREAS, the Project shall be developed and constructed in accordance with all City
codes, ordinances and regulations, as applicable to the plans and specifications to be
approved by the City and all other governmental authorities having jurisdiction over the
Project; and
WHEREAS, the Developer represents and warrants to the City, and the City finds that,
but for the assistance to be provided by the City to the Developer pursuant to the TIF Act
and this Agreement, the Project would not be economically viable or eligible for the
private financing necessary for its construction and, concomitantly, the Developer would
not construct and operate the Project; and
WHEREAS, this Agreement has been submitted to the Corporate Authorities of the City
for consideration and review, and the Corporate Authorities and the Developer have taken
all actions required to be taken prior to approval and execution of this Agreement in order
to make the same binding upon the City and Developer according to the terms hereof; and
WHEREAS, the Corporate Authorities of the City, after due and careful consideration,
have concluded that the construction and operation of the Project as provided herein will
further the growth of the City, facilitate the redevelopment of a portion of the
Redevelopment Project Area, improve the environment of the City, increase the assessed
valuation of the real estate situated within the City, foster increased economic activity
within the City, increase employment opportunities within the City, and is otherwise in
the best interests of the City by furthering the health, safety, morals and welfare of its
residents and taxpayers.
NOW THEREFORE, in consideration of the foregoing and of the mutual covenants and
agreements contained herein, and other good and valuable consideration, the receipt and
2
sufficiency of which are hereby acknowledged, the City and Developer do hereby agree
as follows:
ARTICLE I.
RECITALS PART OF THE AGREEMENT
The representations, covenants and recitations set forth in the foregoing recitals are
material to this Agreement and are hereby incorporated into and made a part of this
Agreement as though they were fully set forth in this Article I.
ARTICLE II.
OBLIGATION OF THE PARTIES
2.1. Developer Obligations and Agreements. In consideration of the substantial
commitment of the City to the redevelopment of the Redevelopment Project Area
pursuant to the Redevelopment Plan and its commitments contained in this Agreement,
the Developer shall fulfill as conditions to the City's obligations hereunder, the following
obligations:
A. The Developer has acquired or shall acquire the Property in fee and free of
mechanic's liens and other liens excluding a mortgage or security
agreement obtained for the purpose of financing the Project.
B. The Developer has secured or shall secure authorization to conduct
business in the State of Illinois.
C. The Developer shall construct the Project in accordance with plans and
schedules submitted to and subject to approval by the City and in
accordance with the terms of the Rock Island Municipal Code, as amended
from time to time.
D. The plans for the Project shall include but not be limited to:
3
plans and specifications of finishes and furnishings for the boutique
hotel;
plans and specifications to ensure faithful replication and a
minimum projected lifespan of 15 years for the Black Hawk mural;
and,
plans and specifications required for sidewalk and visitor drop-off
safety improvements. (Collectively, the "Plans"). The Plans shall
be submitted to City personnel for review and approval, which shall
not unreasonably be withheld within 120 days of the effective date of this
Agreement, and the Developers costs for the sidewalk and visitor drop-off
safety improvements shall not exceed $100,000.
E. The Project shall be completed and a permanent Certificate of Occupancy
shall have been issued by or before December 31, 2018, subject to any
force majeure delays.
F. The Developer has advanced, shall hereafter advance, or shall cause other
parties to advance the funds necessary to construct and complete the
Project.
G. The Developer has secured, or shall hereafter secure or cause to be
secured, all required permits entitlements, authorizations and approvals
necessary or required to construct and complete the Project.
H. Until a Certificate of Occupancy has been issued for the Project, the
Developer shall require its general contractor, or if there is none, then at its
own expense, to obtain and maintain comprehensive general liability and
shall cause the City to be named as an additional insured, with all the rights
of a primary insured on such policy, and workmen's compensation and
automobile/vehicle liability insurance for the Project, and shall cause the
City to be named as an additional insured where it has an insurable
interest, with all the rights of a primary insured, on such policies, except
that on the worker's compensation insurance, the policy and certificate of
insurance shall include a waiver of subrogation in favor of the City. Said
insurance policies shall be issued in an amount not less than Two Million
4
Dollars ($2,000,000.00) combined single limit for bodily injury, personal
injury or death and property damage with respect to any single occurrence,
or in the case of worker's compensation insurance, as required by statute.
Each of said policies shall provide for not less than thirty (30) days prior
written notice to the City and Developer before such policies may be
materially changed, modified or cancelled. Prior to the commencement of
any work on the Project, the Developer shall provide the City with
appropriate certificates of insurance and copies of said policies issued. The
Developer shall keep in force at all times until the Project is completed,
builder's risk insurance, against the risk of physical loss, including
collapse, covering the total value of the building( s) and contents including
the work performed and equipment, supplies and materials furnished for
the Project. Should the City receive notice that premiums needed to
maintain in force any of the required insurance policies have not been paid,
the City shall notify the Developer of the receipt of said notice. If the
Developer fails to promptly pay any such required premium, the City may,
but is not obligated or required to, pay the premiums due during any cure
period afforded in such notice. If the City pays any premium due on any of
the required insurance, policies, the amount of the premiums paid by the
City shall constitute a debt owed by the Developer to the City. Failure of
the Developer to pay any premiums on any required insurance policy shall
constitute an event of default and shall remain so irrespective of whether
the City shall elect to pay such premiums on behalf of the Developer. The
Developer may cure said default if it repays the City for the amount of the
premiums paid by the City within thirty (30) days of the payment by the
City. If not repaid, the City shall have the right to terminate this Agreement
in accordance with the terms hereof.
I. In the event a claim is made against the City, its officers, officials, agents
and employees or any of them, or if the City, its officers, officials, agents
and employees or any of them (the "Indemnified Party" or "Indemnified
Parties"), is made a party-defendant in any proceeding arising out of or in
5
connection with the Developer's construction, operation, duties, obligations
and responsibilities under the terms of this Agreement or the Project
including, but not limited to, any claim or cause of action concerning
matters pertaining to hazardous materials and other environmental matters
in existence as of the date of this Agreement, to the extent permitted by
law, the Developer shall indemnify, defend and hold harmless the
Indemnified Parties, or any Indemnified Party, from all claims, liabilities,
losses, taxes, judgments, costs, fines, fees, including expenses and
reasonable attorneys fees, in connection therewith. Any such Indemnified
Party may obtain separate counsel to participate in the defense thereof at
his or her own expense. The Indemnified Parties shall cooperate in the
defense of such proceedings and be available for any litigation related
appearances which may be required. Further, the Developer shall be
entitled to settle any and all claims for money, in such amounts and upon
such terms as to payment as it may deem appropriate, without the prior
approval or consent of the Indemnified Parties, or any of them, as the case
may be, provided that neither the City nor any of the other Indemnified
Parties shall be required to contribute to such settlement, and further
provided the special tax allocation fund for the Redevelopment Project
Area (the "Special Tax Allocation Fund") shall not be used in connection
with any such settlement without the consent of the City.
J. The Developer shall acquire and pay for each building permit, occupancy
permit, utility connection permit or other City permit which is required for
completion of the Project. Permits shall be acquired in accordance with the
terms of the Rock Island Municipal Code, as amended from time to time.
The Developer represents and warrants that it shall not cause or permit any
mechanic's liens or other lien claims to remain against the Special Tax
Allocation Fund for the Redevelopment Project Area or the City for labor,
services, or materials furnished in connection with demolition, site
preparation, development, construction, additions, modifications,
improvements or any other matter which might give rise to lien rights
6
against the Special Tax Allocation Fund or the City. Notwithstanding the
foregoing, the Developer shall be entitled to defend, prosecute or settle, as
the case may be in a timely and commercially reasonable manner, any
claims for mechanic's liens, other liens, claims or causes of action relating
to allegedly defective or incomplete work, provided that the City shall not
be required to contribute to such settlement. The City shall have the right
of offset to utilize any monies otherwise owed to or entitled by Developer
(not otherwise earned but unpaid) under this Agreement to settle or satisfy
any such claims and the Developer hereby agrees and covenants to
indemnify, defend and hold harmless the Indemnified Parties, (including
the payment of reasonable attorneys' fees and costs and expenses) from and
against any such liens, claims or causes of action as may be asserted
against the Special Tax Allocation Fund or the City.
L. Upon reasonable notice from the City, the Developer shall provide
evidence of financing sufficient for the Project budget. Additionally, the
Developer agrees to make arrangements for the City Council to tour the
Project at a time close to beginning work, at a time when the Project is
approximately half completed, and again after the Project is completed
and Certificates of Occupancy have been issued.
M. To the extent required by law, the Developer agrees to pay, and to
contractually obligate and cause any and all general contractors and
subcontractors to pay, the prevailing rate of wages as established by the
City pursuant to the Illinois Prevailing Wage Act, 820 ILCS 130/0.01 et
seq., when constructing the Project. To the extent of damages measured
as the difference between prevailing wages and the wages actually paid,
the Developer shall indemnify, hold harmless, and defend the City, its
governing body members, officers, and agents, including independent
contractors, consultants and legal counsel, servants and employees
thereof ("Indemnified Parties"), against all regulatory actions,
complaints, damages, claims, suits, liabilities, liens, judgments, costs and
expenses, including reasonable attorney's fees, which may in any way
7
arise from or accrue against the Indemnified Parties as a consequence of
compliance with the Prevailing Wage Act or which may in any way
result therefrom, including a complaint by the Illinois Department of
Labor under the Prevailing Wage Act that any or all of the Indemnified
Parties violated the Prevailing Wage Act by failing to give proper notice
to the Developer or any other party performing applicable work that no
less than the prevailing rate of wages shall be paid to all laborers,
workers and mechanics performing work on the Project, including
interest, penalties or fines under the Prevailing Wage Act. The
indemnification obligations of this Section on the part of the Developer
shall survive the termination or expiration of this Agreement. In any such
claim, complaint or action against the Indemnified Parties, the Developer
shall, at its own expense, appear, defend and pay all charges of
reasonable attorney's fees and all reasonable costs and other reasonable
expenses arising therefrom or incurred in connection therewith, and, if
any judgment or award shall be rendered against the Indemnified Parties
in any such action, the Developer shall, at its own expense, satisfy and
discharge such judgment or award.
N. The Developer is a limited liability company, duly organized and existing
and in good standing under the laws of the State of Missouri, and is
authorized to and has the power to enter into, and by proper action has
been duly authorized to execute, deliver and perform, this Agreement.
Prior to the execution of this Agreement by the City, the Developer shall
provide to the City a Certificate of Good Standing from the State of
Missouri and proof of authorization to transact business in the State of
Illinois. The Developer is solvent, able to pay its debts as they mature and
financially able to perform all the terms of this Agreement. To the
Developer's knowledge, there are no actions at law or similar proceedings
which are pending or threatened against the Developer which would result
in any material and adverse change to the Developer's financial condition,
or which would materially and adversely affect the level of the Developer's
8
assets as of the date of this Agreement or that would materially and
adversely affect the ability of the Developer to proceed with the
construction and development of the Project. The Developer will do or
cause to be done all things necessary to preserve and keep in full force and
effect its existence and standing as a Missouri limited liability company
and authority to transact business in the State of Illinois, so long as the
Developer maintains an interest in the Property or has any other remaining
obligations pursuant to the terms of this Agreement.
O. Neither the execution and delivery of this Agreement by the Developer, the
consummation of the transactions contemplated hereby by the Developer,
nor the fulfillment of or compliance with the terms and conditions of this
Agreement by the Developer conflicts with or will result in a breach of any
of the terms, conditions or provisions of any offerings or disclosure
statement made or to be made on behalf of the Developer (with the
Developer's prior written approval), any organizational documents, any
restriction, agreement or instrument to which the Developer or any of its
partners or venturers is now a party or by which the Developer or any of its
partners or its venturers is bound, or constitutes a default under any of the
foregoing, or results in the creation or imposition of any prohibited lien,
charge or encumbrance whatsoever upon any of the assets or rights of the
Developer, any related party or any of its venturers under the terms of any
instrument or agreement to which the Developer, any related party or any
of its partners or venturers is now a party or by which the Developer, any
related party or any of its venturers is bound.
P. The Developer has sufficient financial and economic resources to
implement and complete the Developer's obligations contained in this
Agreement. The Developer has or will obtain a firm commitment from a
financial institution providing all monies needed through third party
financing or alternatively will provide proof of access to sufficient funds
pursuant to the terms of this Agreement.
Q. The Developer hereby represents and warrants that the Project requires
9
economic assistance from the City in order to commence and complete
the Project and, but for the economic assistance to be given by the City as
heretofore stated, the Project as contemplated would not be economically
viable nor would the funds necessary for its completion be made
available.
R. The Developer hereby represents and warrants that it shall comply with
all applicable laws, rules and regulations of the City of Rock Island, the
County of Rock Island, the State of Illinois, and the United States of
America, and any and all agencies or subdivisions thereof, and all other
governmental bodies and agencies having jurisdiction over the Property.
S. The Developer represents and warrants that it shall comply in all material
respects with all terms, provisions and conditions, and that it shall not
default or permit a continuing default under any document or agreement
relating to the Project or the financing and development of the Project,
including but not limited to this Agreement, and all agreements and
documentation executed and delivered in connection with any financing
or loans for the Project, a default under which would have a material
adverse effect on the tax revenue generated thereby to the City.
T. The Developer shall diligently pursue obtaining all required permits and
the Developer shall cause construction of the Project on the Property to
be diligently pursued and completed pursuant to the terms hereof with
due diligence, in good faith and without delay, subject to force majeure.
U. The Developer agrees that it will, from time to time, execute,
acknowledge and deliver, or cause to be executed, acknowledged and
delivered, such supplements hereto and such further instruments as may
be reasonably required for carrying out the intention of or facilitating the
performance of this Agreement.
V. The Developer covenants that no officer, member, manager, stockholder,
employee or agent, or any other person connected with the Developer,
has knowingly made, offered or given, either directly or indirectly, to any
member of the corporate authorities, or any officer, employee or agent of
10
the City, or any other person connected with the City, any money or
anything of value as a gift or bribe or other means of influencing his or
her action in his or her capacity with the City, to the extent prohibited
under applicable law.
W. In accordance with Illinois law, 50 ILCS 105/3.1, simultaneously with
the execution of this Agreement by the Parties, the Developer or an
authorized managing member thereof shall submit a sworn affidavit to
the City disclosing the identity of every owner and beneficiary who has
any interest, real or personal, in the Project, and every shareholder
entitled to receive more than 7.5% of the total distributable income of
any corporation after having obtained such an interest in the Project or,
alternatively, if a corporation's stock is publicly traded, a sworn affidavit
by an officer of the Developer or its managing agent that there is no
readily known individual who has a greater than 7.5% interest, real or
personal, in the Developer or the Project. The sworn affidavit shall be
substantially similar to the one described in Exhibit B, attached hereto
and made a part of this Agreement. Said affidavit shall be updated, as
necessary.
X. The Developer shall cooperate with the City and provide the City with
the information in Developer's possession or control required and
necessary under the TIF Act to enable the City to comply with the TIF
Act and its obligations under this Agreement.
Y. The Developer agrees to comply with the fair employment/affirmative
action principles contemplated by the TIF Act and the redevelopment
plan as amended, for the Redevelopment Project Area, defined in the TIF
Ordinances, and with all applicable federal, state and municipal
regulations in connection with the construction of the Project.
Z. The Developer represents, warrants and covenants that no member,
official, officer, employee of the City, or any commission or committee
exercising authority over the Project or the Property, or any consultant
hired by the City or the Developer with respect thereto, owns or controls
11
or has owned or controlled any interest, direct or indirect, in the Project
or any portion of the Property, or will own or control any interest in the
Project, and that this Agreement will not violate Section 5/11-74.4-4(n)
of the TIF Act.
AA. The Developer has furnished to the City a project budget dated _____,
2017 (the "Project Budget") showing total costs for the Project in an
amount not less than Ten Million Five Hundred Seventy Four Thousand
Two Hundred and Twenty-Eight Dollars ($10,574,228.00). The
Developer hereby certifies to the City that the Project Budget is true,
correct and complete, to the best of the Developer's knowledge, in all
material respects. The Developer shall promptly deliver to the City
certified copies of any Material Change Orders (as hereinafter defined)
with respect to the Project Budget for approval. Material Change Orders
shall be defined as any changes to the Project Budget that, in the
aggregate, result in a reduction of the total cost of the Project by 5% or
more. The Developer must obtain the City Managers prior written
approval, which shall not be unreasonably withheld, before approving
and implementing any Material Change Orders.
BB. The Developer represents, warrants and covenants that it shall timely pay
all ad valorem real estate taxes due on the Property and Project.
Additionally, during the term of this Agreement the Developer and any
lessee, licensee, or user of the Property and/or Project shall not:
(1) appeal the equalized assessed valuation of all or a portion of the
Property and/or Project;
(2) seek a refund of the general ad valorem real estate taxes
attributable to the Property and/or Project;
(3) petition for tax-exempt status for all or a portion of the Property
and/or Project; or
(4) lease, sub-lease or license all or a portion of the Property and/or
Project to a tax-exempt organization or entity. The Developer shall
prohibit all lessees, licensees and users of the Property and/or
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Project from engaging in the above and include the provisions of
this Section in all leases and license agreements for all or a portion
of the Property and/or Project. Notwithstanding the foregoing, in
the event the assessed valuation of the Property and/or Project, or
the improvements located thereon, is materially inconsistent with
similarly situated property, the Developer may, upon prior notice to
and written consent from the City, protest the assessed value of the
Property and/or Project.
CC. Prior to the issuance of any City issued permit for the Project, the
Developer may obtain, and provide the City a copy of, a performance bond
and a labor and material payment bond in the form approved by the State
of Illinois Capital Development Board, which form is attached hereto and
made a part hereof as Exhibit E, and in an amount not less than Six Million
Six Hundred Ten Thousand Dollars ($6,610,000.00), said amount
representing the estimated renovation cost of the Project.
2.2 City Obligations and Agreements. In consideration of the substantial
commitment of the Developer to the development and construction of the Project, the
City, pursuant to its home rule authority and the TIF Act, agrees and covenants with the
Developer as follows:
A City Incentive. The City agrees to reimburse the Developer for those
Redevelopment Project Costs as set forth in Exhibit C, attached hereto and
made a part hereof, provided that the total reimbursement to the Developer
for Redevelopment Project Costs shall not exceed Two Million Four
Hundred Eighty-Five Thousand Dollars ($2,485,000.00) (the "City
Incentive"). The City's payment of the City Incentive will be paid by the
City to the Developer as set forth in Section 2.2(B) and is subject to the
reimbursement authorizations set forth in Section 2.2(C) below.
B. The City will contribute a property tax rebate of 98% of the TIF Tax Due
(increment) (i.e., the taxes that are distributed by the County to the TIF
Special Allocation Fund related to the portion (if any) of the property's
assessed value that exceeds $215,166.00 ($13,000 for PIN number
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0735210003 and $202,166 for PIN number 0735210004)) through the life
of the Downtown TIF District, including any extension thereof through a
legacy TIF District or similar extension. In subsequent years, so long as
the Project is not located in a TIF District pursuant to the previous
sentence, 98% of the city portion (the portion of the total tax bill
attributable to the subject property, after the expiration of the TIF, that is
distributed by the County to the City.) of the property tax bill up to a
maximum cumulative total of One Million Dollars ($1,000,000.00) or 20
years under this paragraph B, whichever comes first.
a. The City will contribute, on a reimbursable basis, up to One
Hundred Thousand Dollars ($100,000.00) towards the restoration
of the historic Blackhawk mural on the north side of the building.
b. The City will contribute, on a reimbursable basis, up to Seventy-
Five Thousand Dollars ($75,000.00) towards sidewalk and visitor
drop-off safety improvements.
c. The City will contribute, on a reimbursable basis, up to One
Hundred Thousand Dollars ($100,000.00) towards the build out
costs associated with the commercial space on the first floor, the
hotel & apartment lobbies and amenities related to the operation of the
building.
d. The City will contribute, on a reimbursable basis, up to Five
Hundred Thousand Dollars ($500,000.00) of funds available in the
TIF fund towards the project with payments of Two Hundred Fifty
Thousand ($250,000.00) being made in 2019 and 2020.
e. The City will contribute the two (2) remaining payments of Three
Hundred Fifty-Five Thousand Dollars ($355,000.00), totaling
Seven Hundred Ten Thousand Dollars ($710,000.00) contemplated
under the River Lofts Redevelopment Agreement dated October 9,
2013 by and between Riverview Lofts, LLC and the City, as
amended on September 14, 2015. The Parties expressly agree and
acknowledge that the Riverview Lofts Redevelopment Agreement dated
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October 9, 2013 by and between Riverview Lofts, LLC and the City, as
amended on September 14, 2015 has been terminated and is of no further
force or effect.
f. The City will contribute up to a total, not to exceed, of Two Million
Four Hundred Eighty-Five Thousand Dollars ($2,485,000.00) in
this project.
g. In no event shall the City be required to pay interest costs
incurred by the Developer.
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Occupancy for the Project.
4. The Developer shall have certified to the City as contemplated by
the Disbursement Request (Exhibit D) the following:
a. The Developer (or its successor or assign, if applicable) is
duly organized and validly existing.
b. The Developer has the right, power and authority to submit
the request for payment and to perform its obligations under
this Agreement.
c. To the best of the Developer's knowledge, no event of
default or condition or event which, with the giving of
notice or passage of time or both, would constitute an event
of default under this Agreement or any other agreement
with the City concerning the Project exists and remains un-
remedied.
d. The requested disbursement is for Redevelopment Project
Costs which are qualified for payment under this
Agreement.
e. None of the items for which payment is requested has
already been reimbursed pursuant to this Section.
f. The payment is due and owing (or has already been paid)
from the Developer to its construction manager, contractor,
subcontractor or material supplier or others.
g. No lien exists against the Redevelopment Property except
those that the Developer, in good faith and based upon
reasonable grounds, is contesting.
h. The Developer has certified, by executing a Disbursement
Request in the form of Exhibit D, the work for which payment is
sought has been completed in all material respects.
5. The Developer shall have provided to the City with regard to the City
Incentive:
a. Good and sufficient (partial or full) trailing waivers of lien
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with respect to the payment requested.
b. Proof in a form reasonably acceptable to the City, such as a
contractor's sworn statement or architect's certification, that
the Developer is or was obligated to make the payments for
which reimbursement is sought.
6. The Developer shall have paid (or cause to be paid) any and all taxes and
governmental charges of any kind that may at any time be lawfully
assessed and payable with respect to the Project and/or the Redevelopment
Property.
7. The Developer shall, upon reasonable request by the City, permit the City
to review all documentation required to evidence the cost of the City
Incentive items such records to include, but not be limited to, all contracts
with general contractors and all subcontractors, contractors' sworn
affidavits, lien waivers, title company ledgers and any other similar
documentation specified by the City and in the possession of the
Developer. The City may require an audit of all evidence of the cost of
City Incentive items, such audit to be performed by an auditor selected by
the City in its sole discretion and at the City's cost.
8. It is understood that the amounts of the City Incentive payments provided
herein are the maximum amounts the City will be required to pay or
reimburse the Developer. Notwithstanding anything contained herein, the
City shall not be obligated to make any payment to the Developer unless
and until the City receives Incremental Real Estate Taxes attributable to
the Project and/or Redevelopment Project Area, as applicable, and shall be
limited to the monies contained in the Special Tax Allocation Fund, as
applicable.
9. All reimbursements made hereunder shall be made to Developer or to an
Affiliate of Developer designated in writing by Developer. For purposes
of this Agreement, an Affiliate shall mean any entity under the
managerial control of Sam Estep. Developer and any Affiliate shall, at or
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before the closing at which the Developer acquires the Property, comply
with the requirements of 50 ILCS 105/3.1 by completing the Disclosure
Affidavit attached hereto as Exhibit B; in the event the Affidavit discloses
a prohibited or potentially prohibited conflict of interest, this Agreement
shall not become effective unless and until any such conflict or potential
conflict is resolved satisfactorily. Further, as required by the cited statute,
for any entity that is wholly or partially owned by another entity, the
names of the owners of the wholly or partially owning entity shall be
disclosed, as well as the names of the owners of the wholly or partially
owned entity.
ARTICLE III.
AUTHORITY
3.1 Powers.
A. The City hereby represents and warrants to the Developer that the City has
full constitutional and lawful right, power and authority, under currently
applicable law, to execute and deliver and perform the terms and
obligations of this Agreement, and the foregoing has been, or will be, duly
and validly authorized and approved by all necessary City proceedings,
findings and actions. Accordingly, this Agreement constitutes the legal,
valid and binding obligation of the City, and is enforceable in accordance
with its terms and provisions and the execution of this Agreement does not
require the consent of any other governmental authority.
B. The Developer hereby represents and warrants to the City that the
Developer has full lawful right, power and authority, under currently
applicable law, to execute and deliver and perform the terms and
obligations of this Agreement, and the foregoing has been or will be duly
and validly authorized and approved by all necessary Developer actions.
Accordingly, this Agreement constitutes the legal, valid and binding
obligation of the Developer, is enforceable in accordance with its terms
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and provisions and does not require the consent of any other party.
3.2 Authorized Parties. Except in cases where the approval or authorization of the
City's Corporate Authorities is required by law, whenever, under the provisions of this
Agreement, or other related documents and instruments or any duly authorized
supplemental agreements, any request, demand, approval, notice or consent of the City or
the Developer is required, or the City or the Developer is required to agree to, or to take
some action at, the request of the other, such request, demand, approval, notice or
consent, or agreement shall be given for the City, unless otherwise provided herein, by the
City Manager or his designee and for the Developer by any manager of the Developer so
authorized (and, in any event, the officers executing this Agreement are so authorized).
Any Party shall be authorized to act on any such request, demand, approval, notice or
consent, or agreement or other action and neither Party hereto shall have any complaint
against the other as a result of any such action taken.
ARTICLE IV.
GENERAL PROVISIONS
4.1 Time of Essence. Time is of the essence of this Agreement. The Parties will make
every reasonable effort to expedite the subject matters hereof and acknowledge that the
successful performance of this Agreement requires their continued cooperation.
4.2 Mutual Assistance. The Parties agree to take such actions, including the
execution and delivery of such documents, instruments and certifications (and, in the case
of the City, the adoption of such ordinances and resolutions), as may be necessary or
appropriate from time to time to carry out the terms, provisions and intent of this
Agreement and to aid and assist each other in carrying out such terms, provisions and
intent.
Provided the Developer is in compliance with this Agreement, the City agrees that
it shall not revoke or amend the redevelopment plan for the Redevelopment Project Area
or this Agreement if such revocation or amendment would prevent the development of
the Project in accordance with this Agreement. The Parties shall cooperate fully with
each other in securing from any and all appropriate governmental authorities (whether
federal, state, county or local) any and all necessary or required permits, entitlements,
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authorizations and approvals to develop and construct the Project.
4.3 Force Majeure. For the purposes of this Agreement, neither the Developer nor
the City shall be considered to be in breach of any of its obligations hereunder if said
Party is unable to acquire any property which, by the terms of this Agreement, said Party
was required to acquire. Force majeure delay means any delay in the construction caused
by any one or combination of the following, which are beyond the reasonable control of
and without the fault of the Party relying thereon: fire, flood, or other casualty;
performance prevented by strike or other labor troubles, other than those caused by
Developer; governmental restrictions, takings, and limitations arising subsequent to the
date hereof; war or other national emergency; shortage of material not attributable to any
action or conduct of Developer; extreme adverse weather conditions, such as, by way of
illustration and not limitation, severe rain storms or below freezing temperatures,
tornadoes or cyclones; any delay in the performance by Developer resulting from the
non-performance of the City's responsibilities; and any other extraordinary events or
conditions beyond the reasonable control of the Developer or the City which, in fact,
unreasonably interferes with the ability of the Developer or the City to discharge its
respective obligations hereunder. Force majeure delay shall not include: (1) economic
hardship or impracticability of performance, (2) commercial or economic frustration of
purpose, or (3) a failure of performance by a contractor (except as caused by events
which cause a force majeure delay as to that contractor).
In each case where a Party hereto believes its performance of any specific
obligation, duty or covenant is delayed or impaired by reason of an event of force
majeure delay, the Party claiming the benefit of this Section shall notify the other Party
of the nature of the event claimed to constitute force majeure delay and, specifically, the
obligation, duty or covenant which it believes is delayed or impaired by reason of the
designated event. Notification shall be provided in accordance with this Agreement.
Performance of the obligation, duty or covenant impaired by reason of the designated
event shall be tolled for that period of time reasonably necessary to remove or otherwise
cure the impediment to performance and the Party relying on the event of force majeure
delay shall be obligated to pursue such remedy or cure with reasonable diligence given
the nature of the impairment, to the extent the same may be reasonably cured. In no case
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shall an event of force majeure delay toll the performance of any obligation, duty or
covenant not directly implicated in the claimed event of force majeure delay. Further,
nothing herein shall be deemed to preclude the right of the Party entitled, by the terms of
this Agreement, to receive the performance of any obligation, duty or covenant to
challenge the validity of a claimed event of force majeure delay.
4.4 Breach. A Party shall be deemed to be in breach this Agreement if it fails to
materially perform, observe or comply with any of its covenants, agreements or
obligations hereunder or breaches or violates any of its representations contained in this
Agreement after the expiration of the cure period applicable thereto.
4.5 Cure of Breach. Except as otherwise provided herein, the Party claiming that the
other Party has failed to perform any provision of this Agreement shall notify the other of
the alleged failure and shall demand performance. No breach of this Agreement may be
found to have occurred if performance has commenced to the reasonable satisfaction of
the complaining Party within sixty (60) days of such notice. The conduct necessary to
remedy the alleged breach must be diligently pursued until the cure is perfected. The
obligation to cure defaults shall be tolled during any applicable time period during which
a delay in performance is permitted as an event of force majeure delay, but the tolling
shall be limited to the obligation or action as to which the force majeure delay provisions
apply.
In the event that either Party shall breach any provision of this Agreement and fail
to cure, the non-defaulting Party may enforce the terms hereof by filing any action or
proceeding available at law or in equity in the Illinois Circuit Court for the Fourteenth
Judicial Circuit sitting in Rock Island County, including an action for specific
performance of the covenants and agreements herein contained. In the event Developer
fails to cure any breach, the City may make claim upon the performance bond in addition
to seeking remedies available at law or in equity. In addition, a non-defaulting Party may
recover actual damages, but not consequential damages, directly and proximately relating
to the defaulting Party's failure to perform. Except as otherwise set forth herein, no action
taken by a Party shall be deemed to constitute an election of remedies and all remedies
set forth in this Agreement shall be cumulative and nonexclusive of any other remedy
either set forth herein or available to any Party at law or in equity.
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4.6 Amendment. This Agreement may be amended only by the mutual consent of the
Parties evidenced by a written amendment, by the adoption of an ordinance or resolution
of the City approving said written amendment, as provided by law, and by the execution
of said written amendment by the Parties or their successors in interest.
4.7 Superseding Agreement. This Agreement sets forth all agreements, understandings
and covenants between and among the Parties relative to the matters herein contained.
This Agreement supersedes all prior agreements, negotiations and understandings,
written and oral, and shall be deemed, together with all plans, specifications, budgets, and
other documents which will be required in the performance of the agreement, a full
integration of the entire agreement of the Parties.
4.8 Severability. If any provisions, covenants, agreement or portion of this Agreement,
or its application to any person, entity or property, is held invalid, such invalidity shall
not affect the application or validity of any other provisions, covenants or portions of this
Agreement and, to that end, all provisions, covenants, agreements or portions of this
Agreement are declared to be severable.
4.9 Consent or Approval. Except as otherwise provided in this Agreement, whenever
consent or approval written or otherwise of any Party to this Agreement is required, such
consent or approval shall not be unreasonably withheld, delayed, or conditioned.
4.10 Illinois Law. This Agreement shall be construed in accordance with the laws of the
State of Illinois, and venue shall lie exclusively in the Illinois Circuit Court for the
Fourteenth Judicial Circuit sitting in Rock Island County.
4.11 Notice. All notices required or permitted to be given in performance of this
Agreement shall be in writing and shall be given by: (i) personal delivery; or (ii) a
nationally recognized overnight delivery service; or (iii) United States Certified Mail,
return receipt requested, postage prepaid. All notices shall be addressed to the Parties at
their respective addresses set forth below, and shall be deemed given and effective (a)
upon receipt or refusal if delivered personally; (b) one (1) business day after depositing
with such an overnight courier service, or (c) two (2) business days after deposit in the
United States Mail. A Party may change its address for receipt of notices by service of a
notice of such change in accordance herewith. All notices by facsimile or email shall be
subsequently confirmed by U.S. certified or registered mail.
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If to the City:
City of Rock Island
Attn: City Manager
1528 3rd Avenue
Rock Island, Illinois 61201
Fax No. (309) 732-2921
If to the Developer:
Mr. Sam S. Estep
President and Chief Development Officer
Saratoga Capital, LLC
550 Washington Avenue, Suite 310
St. Louis (Clayton), Missouri 63105
Email: sam.estep@saratogacapitalgroup.com
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4.12 Counterparts. This Agreement may be executed in several counterparts, each of
which shall be an original and all of which shall constitute but one and the same
agreement.
4.13 Term of Agreement; Extension of Term of TIF. The term ("Term") of this
Agreement shall commence on the date first above written and continue for a maximum
period of Twenty (20) years. Notwithstanding the foregoing or anything contained herein
to the contrary, this Agreement, and all City obligations herein shall be null and void if a
permanent certificate of occupancy is not issued for the Project prior to December 31,
2018, subject to any force majeure delay extensions.
4.14 Good Faith and Fair Dealing. City and Developer acknowledge their duty to
exercise their rights and remedies hereunder and to perform their covenants, agreements
and obligations hereunder, reasonably and in good faith.
4.15 Drafting. Each Party and its counsel have participated in the drafting of this
Agreement therefore none of the language contained in this Agreement shall be
presumptively construed in favor of or against either Party.
4.16 Covenants Run with the Land/Successors and Assigns. It is intended that the
covenants, conditions, agreements, promises, obligations and duties of each Party as set
forth in this Agreement shall be construed as covenants and that, to the fullest extent
legally possible, all such covenants shall run with and be enforceable against both the
covenanted and the Project. Such covenants shall terminate upon termination or
expiration of this Agreement.
This Agreement shall inure to the benefit of, and shall be binding upon each Developer
and each of Developer's respective successors, grantees and assigns, and upon successor
corporate authorities of the City and successor municipalities. Notwithstanding the
foregoing, prior to the issuance of a permanent Certificate of Occupancy, the Developer
shall not assign its interest in this Agreement to any party that is not an Affiliate of
Developer (except for a collateral assignment for the financing of the Project) or
voluntarily convey the Property and/or Project without the prior written consent of the
City.
4.17 Default Shall Not Permit Termination of Agreement. No default under this
Agreement shall entitle any Party to terminate, cancel or otherwise rescind this
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Agreement; provided, however, this limitation shall not affect any specific rights or
remedies the Parties may have by reason of any default under this Agreement.
4.18 Right to Enjoin. In the event of any violation or threatened violation of any of the
provisions of this Agreement by a Party or occupant of the Property, any other Party shall
have the right to apply to the Illinois Circuit Court for the Fourteenth Judicial Circuit
sitting in Rock Island County for an injunction against such violation or threatened
violation, and/or for a decree of specific performance.
4.19 Partial Funding. Except as otherwise set for in this Agreement, the Developer
acknowledges and agrees that the economic assistance to be received by the Developer as
set forth in this Agreement is intended to be and shall be a source of partial funding for
the Project and agrees that any additional funding above and beyond said economic
assistance shall be solely the responsibility of the Developer. The Developer
acknowledges and agrees that the amount of economic assistance set forth in this
Agreement represents the maximum amount of economic assistance to be received by the
Developer, provided the Developer complies with the terms and provisions set forth in
this Agreement. The Developer further acknowledges and agrees that the City is not a
joint developer or joint venturer with the Developer and the City is in no way responsible
for completion of any portion of the Project.
4.20 Attorney Fees. Should it become necessary to bring legal action or proceedings to
enforce this Agreement, or any portion thereof, or to declare the effect of the provisions
of this Agreement, the prevailing party shall be entitled to recover or offset against sums
due, its costs, including reasonable attorney's fees, in addition to whatever other relief the
prevailing party may be entitled.
4.21 No Joint Venture, Agency or Partnership Created. Neither anything in this
Agreement nor any acts of the Parties to this Agreement shall be construed by the Parties
or any third person to create the relationship of a partnership, agency, or joint venture
between or among such Parties.
4.22 Waiver. Any party to this Agreement may elect to waive any right or remedy it may
enjoy hereunder, provided that no such waiver shall be deemed to exist unless such
waiver is in writing. No such waiver shall obligate the waiver of any other right or
remedy hereunder, or shall be deemed to constitute a waiver of other rights and remedies
25
provided pursuant to this Agreement.
4.23 No Personal Liability of Officials of City or Developer. No covenant or
agreement contained in this Agreement shall be deemed to be the covenant or agreement
of the Mayor, City Council Member, City Manager, any official, officer, partner,
member, director, agent, employee or attorney of the City or Developer, in his or her
individual capacity, and no official, officer, partner, member, director, agent, employee or
attorney of the City or Developer shall be liable under this Agreement or be subject to
any personal liability or accountability by person of or in connection with or arising out
of the execution, delivery and performance of this Agreement, or any failure in that
connection.
4.24 Repealer. To the extent that any ordinance, resolution, rule, order, or provision of
the City's code of ordinances, or any part thereof, is in conflict with the provisions of this
Agreement, the provisions of the code of ordinances shall be controlling.
4.25 Estoppel Certificates. Each of the parties hereto agree to provide the other, upon
not less than ten (10) business days prior request, a certificate ("Estoppel Certificate")
certifying that this Agreement is in full force and effect (unless such is not the case, in
which case such parties shall specify the basis for such claim), that the requesting party is
not in default of any term, provision or condition of this Agreement beyond any
applicable notice and cure provision (or specifying each such claimed default) and
certifying such other matters reasonably requested by the requesting party.
4.26 Municipal Limitations. All municipal commitments are limited to the extent
required by law.
4.27 Effectiveness. The Effective Date for this Agreement shall be the day on which this
Agreement is fully executed by the Parties. Notwithstanding anything to the contrary
contained herein, this Agreement shall only become effective, upon acquisition of the
Property by Developer or an Affiliate of Developer, and until such time, neither party
hereto shall have any rights, duties or obligations with respect to this Agreement; in the
event the Developer has not acquired title to the Property by January 19, 2018, this
agreement shall become null and void.
[remainder of page intentionally blank; signature page follows]
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27
IN WITNESS WHEREOF, the Parties have duly executed this Agreement pursuant to
all requisite authorizations as of the date first above written.
CITY OF ROCK ISLAND,
an Illinois Municipal Corporation
By:
City Manager
Saratoga Capital Group, LLC
a Missouri limited liability company
By:
Its: Managing Member
28
EXHIBIT A
29
EXHIBIT B
DISCLOSURE AFFIDAVIT
State of Illinois )
) ss
County of )
30
(c) The corporation is publicly traded and there is no readily known individual having
greater than a 7 % interest in the corporation.
This instrument is made to induce the City to enter into the Redevelopment Agreement
and in accordance with 50 ILCS 105/3.1.
Affiant:
Subscribed and Sworn to before me this ___ day of______, 2017.
Notary Public
31
EXHIBIT C
32
EXHIBIT D
33
Executed this __day of , .
Developer:
__________________________
By:
Its: Managing Member
Approved:
By:
Its:
34
Memorandum
Community and Economic Development
To: Randall Tweet, City Manager
The Illinois Liquor Control Commission contacted local jurisdictions to request that they conduct
LC-13 liquor compliance inspections that were previously performed by state. The Alcoholic
Liquor Enforcement Pilot Program consists of a contractual agreement between the Illinois
Department of Revenue and the local municipality.
The LC-13 compliance inspections may be conducted by various departments involved in code
enforcement such as police, fire, or health departments. The Rock Island County Health
Department was initially contacted, since the facilities serving alcohol are already inspected and
licensed by the local health departments for compliance with the Illinois Food Code
requirements.
Rock Island, Moline, and East Moline each have a health inspector to conduct environmental
health inspections within the city limits, while the Rock Island County Health Department covers
the rest of the county. The county Health Department has no desire to conduct liquor
inspections in these cities.
Local jurisdictions will receive $75.00 per liquor license for the annual LC-13 inspection. The
current list provided by the liquor commission shows 87 facilities in Rock Island. Any questions
or egregious violations will be referred directly to the state liquor inspectors for further
investigation and follow-up. The state estimates that a routine inspection may take anywhere
from 30-60 minutes, depending on type of liquor license and size.
Using the above numbers, trained Inspection Division staff will annually spend no more than 87
hours and generate revenue of $6,525.00, which will adequately cover the cost of the
inspections performed by city staff. Staff will endeavor to combine LC-13 and Food Service
Inspections if possible.
Attached is the Proposal for LC-13 Inspection Program, along with the contract.
RECOMMENDATION:
That the City Council approve the pilot program and direct the City Manager to sign the LC-13
Liquor Inspection contract with the Illinois Liquor Control Commission.
The amount payable for the services rendered shall be $75 per each
retail alcoholic liquor license (See Addendum 1). This total
remuneration will be paid in two equal installments. The first
installment shall be payable upon the execution of this contract. The
final installment shall be payable upon completion of all required
inspections agreed upon in this contract (See Addendum 1).
Notwithstanding the list of retailers contained within Addendum 1, the
final payment made to Contractor will be limited to the number of
actual inspections conducted by Contractor. No other charge by the
Contractor may be paid for services rendered under this agreement
without the written approval of the Department.
5. DURATION OF AGREEMENT
6. TERMINATION
Each party reserves the right to terminate this contract at any time on
30 days written notice to the other party. In the event of default or
non-compliance with the terms of this contract, it may be terminated
immediately. In the event of termination, the Department shall not be
liable for amounts other than payments for services hereunder which
have accrued up to the date of termination.
8. VOUCHERS
9. EMPLOYMENT STATUS
11. CONFIDENTIALITY
The State does not assume any liability for acts or omissions of
Contractor and such liability rests solely with Contractor. The State
is unable to indemnify or hold harmless any contractor for claims based
on the State's use of the contractor provided goods and services
including software. Any liability for damages that the State might
have is expressly limited by and subject to the provisions of the
Illinois Court of Claims Act and to the availability of suitable
appropriations. Contractor shall carry public liability, casualty and
auto insurance in sufficient amount to protect the State from liability
for acts of Contractor. Minimum acceptable coverage for bodily injury
shall be $250,000 per person and $500,000 per occurrence and for
property damage, $100,000 per occurrence. Contractor shall carry
Worker's Compensation Insurance in amount required by law.
H. Vendor and its affiliates are not delinquent in the payment of any debt
to the State (or if delinquent has entered into a deferred payment plan
to pay the debt), and Vendor and its affiliates acknowledge the State
may declare the Contract void if this certification is false (30 ILCS
500/50-11) or if Vendor or an affiliate later becomes delinquent and
has not entered into a deferred payment plan to pay off the debt (30
ILCS 500/50-60).
I. Vendor and all affiliates shall collect and remit Illinois Use Tax on
all sales of tangible personal property into the State of Illinois in
accordance with provisions of the Illinois Use Tax Act (30 ILCS 500/50-
12) and acknowledges that failure to comply can result in the Contract
being declared void.
K. Vendor has not paid any money or valuable thing to induce any person to
refrain from bidding on a State contract, nor has Vendor accepted any money
or other valuable thing, or acted upon the promise of same, for not bidding
on a State contract (30 ILCS 500/50-25).
M. Vendor will report to the Illinois Attorney General and the Chief
Procurement Officer any suspected collusion or other anti-competitive
practice among any bidders, offerors, contractors, proposers or
employees of the State (30 ILCS 500/50-40, 50-45, 50-50).
O. Vendor will, pursuant to the Drug Free Workplace Act, provide a drug
free workplace and Vendor and its employees shall not engage in the
unlawful manufacture, distribution, dispensation, possession or use of
a controlled substance during the performance of the Contract. This
certification applies to contracts of $5000 or more with individuals;
and to entities with 25 or more employees (30 ILCS 580).
Q. Vendor has not been convicted of the offense of bid rigging or bid
rotating or any similar offense of any state or of the United States
(720 ILCS 5/33 E-3, E-4).
R. Vendor complies with the Illinois Department of Human Rights Act and
rules applicable to public contracts, including equal employment
opportunity, refraining from unlawful discrimination, and having
written sexual harassment policies (775 ILCS 5/2-105).
S. Vendor does not pay dues to, or reimburse or subsidize payments by its
employees for any dues or fees to any discriminatory club (775 ILCS
25/2).
T. Vendor complies with the State Prohibition of Goods from Forced Labor
Act, and certifies that no foreign-made equipment, materials, or
supplies furnished to the State under the Contract have been or will be
produced in whole or in part by forced labor, or indentured labor under
penal sanction (30 ILCS 583).
or
The State may conduct criminal and driver history background checks of
VENDORS officers, employees or agents who would directly supervise or
physically perform the CONTRACT requirements at State facilities. Any
such officer, employee or agent deemed unsuitable by the State must be
replaced immediately.
VENDOR shall not employ any person employed by the DEPARTMRNT at any
time during the term of this CONTRACT to perform any work required by
the terms of this CONTRACT. As a condition of this CONTRACT, the
VENDOR shall give notice immediately to the DEPARTMENTS director if
VENDOR solicits or intends to solicit for employment any of the
DEPARTMENTS employees during the term of this CONTRACT. DEPARTMENT
has no authority to contractually refuse to hire VENDORS employees who
apply to the State for employment.
20. BREACH
The Contractor certifies under oath that all information in the grant
agreement is true and correct to the best of the Contractors
knowledge, information, and belief; that the funds shall be used only
for the purposes described in the grant agreement; and that the award
of the grant funds is conditioned upon such certification.
_________________________________ ________________________________
Contractor Manager, Department of Revenue
_________________________________ ________________________________
Title Date
_________________________________
Date ________________________________
Director, Department of Revenue
________________________________
Printed Name
________________________________
Date
TAXPAYER IDENTIFICATION NUMBER
I certify that:
1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to
me), and
2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been
notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest
or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and
If you are an individual, enter your name and SSN as it appears on your Social Security Card.
If you are a sole proprietor, enter the owners name on the name line followed by the name of
the business and the owners SSN or EIN.
If you are a single-member LLC that is disregarded as an entity separate from its owner, enter
the owners name on the name line and the d/b/a on the business name line and enter the
owners SSN or EIN.
If the LLC is a corporation or partnership, enter the entitys business name and EIN and for
corporations, attach IRS acceptance letter (CP261 or CP277).
For all other entities, enter the name of the entity as used to apply for the entitys EIN and the
EIN.
Name:
Business Name: City of Rock Island
Tax Exemption Identification Number: E9993-6909-07
Social Security Number
or
Employer Identification Number:
Individual Governmental
Signature: Date:
An adjustment to the CY 2017 budget in the amount of $43,000.00 is requested by the Community and
Economic Development Department (CED) reference planned improvements to the concession building
at Douglas Park. This project is being undertaken in conjunction with the Parks and Recreation
Department. Funding for this project will come from unspent Community Development Block Grant
(CDBG) program income funds previously accrued by the City of Rock Island. Please see the attached
information sheet for further details.
Recommendation: Council approve the budget adjustment increasing the Community Development
Block Grant Fund (242) budget for CY 2017 by $43,000.00.
Background Information:
The Douglas Park Concession Stand / Press Box remodel will be a project that
will be put out to bid and a contract will be developed. The estimated cost of the project
is $60,000 to $70,000. A portion of this project will be paid out of HUD-CDBG funds.
This is appropriate because Douglas Park is in an area supported by HUD, and the
project will create jobs. $20,000 in carryover Gaming funds will also be used toward
this project. These funds were to be used for the firehouse demolition, but Council
approved using them for other work at Douglas Park. This project will allow the Parks
Department to generate revenue in a facility that has been sitting in disrepair for over 20
years.
MEMORANDUM
FINANCE DEPARTMENT
An adjustment to the CY 2017 budget in the amount of $15,000.00 is requested by the Community and
Economic Development Department reference the Columbia Park TIF Fund. The requested increase in
funds is to cover the upgrade to lighting along 4th Avenue in the area of Columbia Park and the MetroLink
facility and will consist of repairing electrical service and installing new street light poles with LED
lighting. Sufficient fund balance currently exists to cover this budget adjustment. Please see the
attached information sheet for further details.
Recommendation: Council approve the budget adjustment increasing the Columbia Park TIF #5 Fund
(205) budget for CY 2017 by $15,000.00.
An adjustment to the CY 2017 budget in the amount of $3,070.40 is requested by the Community and
Economic Development Department reference a transfer from the Gaming Fund (223) to support the
following project previously included in CY 2016 budget as part of the Capital Improvement Plan:
It should be noted that this project was originally supported by a transfer from the Gaming Fund (223) in
CY 2016 but as the project was not completed and some of the funds were unspent a journal entry was
completed effective December 31, 2016 to transfer these funds back to the Gaming Fund (223) to
comply with the GASB 54 reporting model. It is the intention of this budget adjustment to reallocate
these unspent gaming funds to this project in the current fiscal year.
Recommendation: Council approve the budget adjustment increasing the Community Economic
Development Fund (207) by $3,070.40 through a transfer from the Gaming Fund (223).
An adjustment to the CY 2017 budget in the amount of $1,645,806.22 is requested by the Finance
Department due to the recalculation of the depreciation charged to the Public Work Department and Park
and Recreation Department budgets for the current fiscal year. The budgeting of depreciation
expenditures is historically based on the total depreciation expenditures experienced in the preceding
audited fiscal year. With several projects having been recently completed and now capitalized,
depreciation expenditures were under budgeted for CY 2017 with deficits projected as follows this year:
Recommendation: Council approve the budget adjustment increasing the Wastewater Operation &
Maintenance Fund (506) by $1,466,348.61, the Solid Waste fund (510) by $6,718.92, the Fleet Services
Fund (601) by $125,545.86, and the Park & Recreation Fund (555) $47,192.83.
The process for awarding Gaming Grant Funds will begin on Tuesday August 15, 2017. The
2018 Gaming Grant Application will be available online for public service organizations that
assist Rock Island residents. As part of the process, the Citizen Advisory Committee (CAC)
looks to the Rock Island City Council to provide policy direction regarding the Gaming Grant
Program.
Staff and CAC will follow the approved Council policies when reviewing applications and making
funding recommendations. The CAC will finalize and present its funding recommendations to
Council in October 2017.
A copy of the proposed 2018 Gaming Grant policy guidelines is attached. Staff is
recommending one policy change to the amount available for request. Currently the amount is
capped at $10,000.00 per request. Staff and the CAC is proposing that a reduction of
$2,000.00 be made making the maximum request allowable $8,000.00.
Historically the CAC has not funded to the cap. The highest award made has been less than
$8,000.00. By reducing the cap, requests will be in line with the funding process currently in
place based on the overall budgeted amount of $50,000.00
RECOMMENDATION:
City Council approve the policy change reducing of the maximum request amount from
$10,000.00 to $8,000.00.
The Arts Advisory Committee has recommended the creation of the Arts Revenue Account. This will
allow the Committee to accept cash, coins collected in recycled parking meters, tangible personal
property, and grants. All revenue will be monitored and reported at the committees monthly meeting.
RECOMMENDATION
The Community & Economic Development Department recommends that City Council approve the
establishment of a revenue account by the City Finance Department designated for the Arts Advisory
Committee Art.
Introduction
The Arts Advisory Revenue Account (herein and after referred to as the Account) has been
established to accept donations, grant monies and other funds designated for the Arts Advisory
Committee of the City of Rock Island (herein and after referred to as the Committee) and Art in the
City of Rock Island. The Committees mission is to promote the creation, understanding, appreciation
and awareness of Art in the City of Rock Island. The Committee has also adopted the Rock Island
Public Art Maintenance Policy and this Account will be used for that purpose as well.
All donations to the Account shall be used to further the mission of the Committee and to follow the
policies and procedures outlined below.
Fundraising Policy
Donations shall be solicited in a respectful manner and without coercion. All third parties
not directly affiliated with the Committee who wish to solicit donations on its behalf must acquire
written permission from the Committee by majority vote prior to beginning any fundraising activities.
Donor Acknowledgements
Unless the donation is made anonymously, within 7 days of donation receipt, a donor to the Account
shall receive a formal acknowledgement/ thank you letter and donation receipt. Donations of $100 or
more will also receive a personal phone call from a Committee member or the chairman.
Any information supplied to Committee by donors will be used solely to fulfill their donation and shall
not be shared for any reason unless permission is granted by the donor to share such information. All
requests to remain anonymous shall be honored. Committee does not sell or share donor lists.
Donors who supply Committee with their postal address or email address may be contacted
periodically for solicitation purposes and/or with information regarding upcoming events. All donors
have the option of being placed on a once-a-year mailing list which grants Committee permission to
contact them only once per year. Donors may request to be permanently removed from the mailing list
by contacting City staff via email, phone or postal mail. All requests to be removed from the
Committee mailing list shall be honored.
Donors who supply Committee with their telephone number may request that they not be contacted
for telephone donation purposes.
General Gift and Revenue Acceptance Policies
The Finance Department will set up the Account in the City accounting system specifically to receive
revenue and gifts. Revenue and gifts to Account may take a variety of forms. The Committee may
accept the following types of contributions to the Account:
Cash. The group may accept outright cash gifts in any amount.
Coins collected in recycled parking meters. These meters will be clearly marked for use as
Donations to Promote Rock Island Arts. City Staff consisting of one person from the Finance
Department of the City of Rock Island and one person from Community and Economic
Development of the City of Rock Island will routinely collect the coins from the meters and will
immediately upon return to Rock Island City Hall, deposit the coins to the Account via the
Finance Department. A receipt will be issued by the Finance Department for the amount of the
deposit. Two keys for the meters will be made. One key will be kept by the Community and
Economic Development Department and the other key will be kept by the Finance Department.
Tangible Personal Property. Tangible personal property may be accepted as a gift, provided
that such property is considered artwork and the donor agrees that the property can be displayed
at Committee discretion. The donor is responsible for obtaining a qualified appraisal prior to
completing the gift.
Committee reserves the right to refuse any proposed gift. Gifts to Committee or Account may not
be directly or indirectly subjected by a donor to any material restriction or condition that would
prevent the Committee from freely administering the revenue or publicly displaying artwork.
Grant Awards. All awarded grant money for the Committee, Account, or Art in Rock Island will
be placed in the Account to be used for the purpose stated in the grant and administered by the
Committee.
A detailed budget for the event must be prepared in advance and approved by a majority of the
Committee. Proceeds of Committee sponsored events must support Committee identified needs and
be approved by majority vote of the Committee. The event proceeds will be placed in the Account. A
follow-up meeting about the event will be held by the Committee. At the meeting the Committee will
determine the effectiveness of the event.
Tracking of Revenue
The Account balance will be monitored and reported to the Committee at each monthly meeting by
City staff. If the Account balance exceeds $20,000.00, the Committee and the City of Rock Island may
consider revising this policy and creating a City of Rock Island Arts Advisory Fund.
Memorandum
Community & Economic Development Department
The Arts Advisory Committee has recommended the creation of a Public Art Maintenance Policy. This
policy states that annually the committee will present a Rock Island Public Art Maintenance and
Repair Report to the Rock Island City Council. Based off the presentation the committee will establish
a yearly budget dedicated to the maintenance of public art. This budget will be made up of grants and
donations. The City of Rock Island will provide a yearly match of up to $1,000.
The policy also discusses deaccession and relocation guidelines for pieces in the Citys collection.
RECOMMENDATION
The Community & Economic Development Department recommends that City Council accept the
Rock Island Public Art Maintenance Policy.
On rare occasions, unusual circumstances warrant the removal, relocation or disposal of a work of art
from the Citys collection. The Committee reserves the right to modify the budget to meet such
unplanned maintenance needs.
The Committee follows established procedures for deaccession or relocation to insure that the
integrity of public art, artists and the public is respected. Generally, artwork will not be removed from
public display sooner than five years after its installation. A request for deaccession or relocation
involves careful consideration of public opinion, professional judgment and legal advice.
Review
A recommendation addressing the concerns which prompted the request for deaccession or
relocation shall be written by the Arts Advisory Committee and sent to the Rock Island City Council.
The status of the artwork for which the deaccession or relocation request has been made shall be
made available to the public.
Determination
The following prioritized actions may be taken if a work of art must be removed from the Citys
collection:
Relocation for public display. If the work was created for a specific site, relocation to a new site
must be consistent with the artists intention. The artists assistance and consent will be
required to make this determination.
Removal from the collection by sale. Removal will occur through extended loan, trade or
donation. Three independent professional appraisals of the fair market value of the work will
be sought. The artist will be given first option on purchase.
If neither of the preceding options are feasible, the work will be removed and destroyed at the
expense of the City.
Public Notice
Public notice shall be made prior to the implementation of any action recommended by the Arts
Advisory Committee in accordance with the policy established by the City Attorney.
Memorandum
Public Works Department
To: City Manager
Subject: Surplus Vehicle/Equipment
Date: August 8, 2017
Number: 2017-092
The Public Works/Fleet Services and Parks Department have additional surplus items to be
sold. Below is the list of vehicles/equipment to be surplus:
Recommendation
The Public Works Department recommends that City Council declare these items surplus; and
that permission be given to dispose of the surplus vehicles in a manner that will be
advantageous to the City of Rock Island.
The Water Resources Advisory Committee was formed in September, 2003, to give direction
and public input to the Long Term Control Plan for the Combined Sewer Overflows. Since the
project is nearly complete, the committee is no longer needed.
Recommendation
The Public Works Department recommends that the City Council disband the Water Resources
Advisory Committee and direct the City Attorney to process the necessary paperwork.
SOURCE OF REQUEST:
NATURE OF REQUEST:
The Traffic Engineering Committee received a request from Isaiah Crawford, Sr., 2735
8 Avenue, to install a handicapped parking space in front of his home.
Not Applicable
Letters were sent to nearby neighbors. Two (2) responses were in support of the request and
one (1) was not in support of the request.
The installation of a handicapped parking space does not restrict the handicapped parking
space to only the person requesting the space but is accessible to anyone with a handicapped
license plate or placard.
COST:
RECOMMENDATION:
The Traffic Engineering Committee recommends that the City Council approve the request and
direct the city attorney to prepare the necessary paperwork.
2717-2719 9 AVE
2719 8 1/2 AVE
2716 8 1/2 AVE
2721 9 AVE
2721 8 1/2 AVE
2735 9 AVE
2705 8 Avenue
Recommendation: Supports the Request
Comments: None
2731 8 Avenue
Recommendation: Does Not Support the Request
Comments: They have off street parking available and there is not enough on
street parking now.
ETHICS COMMISSION
Reappoint:
Berlinda Tyler Jamison reappoint to a three year term to expire 2020
Appoint:
Frank Nowinski to complete a vacant three year term to expire 2019. Mr. Nowinski is a long term
resident of Rock Island and is a partner in the Katz Nowinski law firm. He is married with 3 grown
children and 3 grandchildren.
Recommendation
Attached is an application from the St. Patrick Society, Q. C. and a Resolution to temporarily
close off the east side of 15th Street (Route 67) from 2nd Avenue to the Centennial Bridge for the
annual St. Patricks Day Parade to be held on Saturday, March 17, 2018 between 11:00 a.m.
and 1:00 p.m. It is noted that prior to the parade, a Riverbend Food Bank Drive will commence
at 11:00 a.m. with the parade actually starting at 11:30 a.m.
The staging area for the parade is on 5th Avenue (the parking lane and two (2) traffic lanes) from
16th Street to 23rd Street and 23rd Street between 4th and 5th Avenues. The parade will begin at
the intersection of 23rd Street and 4th Avenue.
A certificate of insurance will be submitted prior to the event. The Police Department will create
the Operations Order for the event.
RECOMMENDATION:
It is recommended that Council approve the event for the St. Patrick Society, Q. C. and adopt
the Resolution.
HIGHWAY RESOLUTION
WHEREAS, the ST. PATRICK SOCIETY, Q.C. is sponsoring a PARADE in the CITY of ROCK
WHEREAS, this Parade will require the temporary closure of the east side of 15th Street
(ROUTE 67), a State Highway in the CITY OF ROCK ISLAND, from 2nd Avenue to the Centennial
Bridge.
WHEREAS, Section 4-408 of the Illinois Highway Code authorizes the Department of
NOW THEREFORE, BE IT RESOLVED by the CITY COUNCIL of the CITY of ROCK ISLAND
that permission to close off the east side of 15th Street (ROUTE 67), a State Highway in the
CITY OF ROCK ISLAND, from 2nd Avenue to the Centennial Bridge as above designated, be
BE IT FURTHER RESOLVED that this closure shall occur during the approximate time
period between 11:00 a.m. and 1:00 P.M. on SATURDAY, March 17, 2018.
BE IT FURTHER RESOLVED that this closure is for the public purpose of A PARADE.
BE IT FURTHER RESOLVED that traffic from that closed portion of highway shall be
detoured over routes with an all-weather surface that can accept the anticipated traffic, which
will be maintained to the satisfaction of the Department and which is conspicuously marked for
the benefit of traffic diverted from the State Highway. (The parking of vehicles shall be
prohibited on the detour routes to allow an uninterrupted flow of two-way traffic.) * The
BE IT FURTHER RESOLVED that, the ST. PATRICK SOCIETY, Q.C. assumes full
responsibility for the direction, protection, and regulation of the traffic during the time the
detour is in effect.
expense of the ST. PATRICK SOCIETY, Q.C., be positioned at each end of the closed section and
at other points (such as intersections) as may be necessary to assist in directing traffic through
the detour.
BE IT FURTHER RESOLVED, that police officers, flaggers, and officials shall permit
emergency vehicles in emergency situations to pass through the closed area as swiftly as is safe
BE IT FURTHER RESOLVED, that all debris shall be removed by the ST. PATRICK SOCIETY,
BE IT FURTHER RESOLVED, that such signs, flags, barricades, etc., shall be used by the
ST. PATRICK SOCIETY, Q.C. as may be approved by the Illinois Department of Transportation.
BE IT FURTHER RESOLVED, that the closure and detour shall be marked according to the
that traffic may pass through. In any event, adequate provisions will be made for traffic on
intersecting highways pursuant to conditions noted above. (Note: this paragraph is applicable
BE IT FURTHER RESOLVED, that to the fullest extent permitted by law, the ST. PATRICK
SOCEITY, Q.C. shall be responsible for any and all injuries to persons or damages to property,
and shall indemnify and hold harmless the Illinois Department of Transportation, its officers,
employees and agents from any and all claims, lawsuits, actions, costs and fees (including
reasonable attorneys fees and expenses) of every nature or description, arising out of,
resulting from or connected with the exercise of authority granted by the Department which is
the subject of this resolution. This obligation is binding upon the ST. PATRICK SOCIETY, Q.C.
regardless of whether or not such claim, damage, loss or expense is caused in part by the act,
BE IT FURTHER RESOLVED, that the ST. PATRICK SOCIETY, Q.C. shall provide a
amount of $1,000,000 per person and $2,000,000 aggregate which has the Illinois Department
of Transportation and its officials, employees, and agents as insureds and which protects them
from all claims arising from the requested road closing. A copy of said policy or endorsement
Department of Transportation to serve as a formal request for the permission sought in this
A.D.
____________________________________
City Clerk
APPROVED by the CITY COUNCIL of the CITY of ROCK ISLAND this 14th day of August
2017, A.D.
____________________________________
Mayor
Attest: _____________________________
City Clerk
Memorandum
Office of the City Clerk
To: Randall Tweet, City Manager
Subject: Cornbelt Running Club - Run/Walk
Date: August 8, 2017
Attached are an application, map and certificate of insurance for the Cornbelt Running Club to
hold their 29th annual Nancy Kapheim Memorial Classic 5K and 10K Run on Sunday, October 1,
2017 beginning at 8:00 a.m. and ending at 11:00 a.m.
The 10K and 5K Run/Walk will begin and end at Sunset Park and portions of the bike path will
be utilized. Cornbelt will be working with the Police Department for traffic control. This group has
not encountered any problems in the past and none are anticipated for this event.
RECOMMENDATION:
It is recommended that Council approve the event for the Cornbelt Running Club.
Augustana College will be holding a concert on Saturday, August 19th in the Lower
Quad at 3435 9 Street on the colleges campus.
Attached is a list of signatures from local residents who may be affected by the sound
amplification.
RECOMMENDATION:
It is recommended that Council approve the Sound Amplification Permit for Augustana
College.
Attached is a Street Closing application from Ametra Carrol-Castaneda on behalf of the Rock
Island County NAACP requesting to close off 9th Street between 6th Avenue and 7th Avenue on
Saturday, September 9, 2017 from noon to 4:00 pm for the Rock Island County NAACP
Community Celebration and Resource Fair. The event will be held at the Martin Luther King
Center at 630 9th Street.
Also attached is an application for Sound Amplification with a list of signatures from the
neighbors that may be affected by this event.
RECOMMENDATION:
It is recommended that Council approve the requests for the street closing and sound
amplification for the Rock Island County NAACP event.
Attached is an application from Matt Stoefen requesting to close off 22nd Street between 16th
Avenue and 17th Avenue on Sunday, September 24, 2017 from 3:00 pm to 6:00 pm for the
Highland Park Historic Neighborhood Associations Block Party.
Also attached is a list of signatures of the neighbors that may be affected by this street closing.
Food will not be sold. Sound Amplification will not be used.
RECOMMENDATION:
It is recommended that Council approve the application for the street closing.
Attached is an application from Breanna Harris (on behalf of her mother, Sabrina Harris,
resident of 618 8th Street) requesting to close off 8th Street between 6th Avenue and 7th Avenue
on Saturday, October 7, 2017 from 7:00 a.m. to 7:00 p.m. for a childrens birthday party.
Also attached is a list of signatures of the neighbors that may be affected by this street closing.
There are only two other neighbors on the one side of the block and the Martin Luther King
Center on the other side. Gerald Jones, Director of the Martin Luther King Center, has given his
approval to the City Clerk for the street closing
RECOMMENDATION:
It is recommended that Council approve the application for the street closing.