POST BOARD ACTION AGENDA

 

Meeting of the Cook County Board of Commissioners

County Board Room, County Building

Tuesday, June 15, 2004, 10:00 A.M.

* * * * * * * * * * * * * * * * * * * * * * * * * * * *

MEDICAL APPOINTMENTS

 

ITEM #1

 

APPROVED

 

Transmitting a Communication, dated May 26, 2004 from

 

DANIEL R. MARTIN, Acting Chief Operating Officer, Oak Forest Hospital of Cook County

 

The physician reappointments presented have been professionally reviewed and recommended for the status shown.  The Board of Commissioners will be notified confidentially when there are physicians herein who have any malpractice claims or professional sanctions when such specific cases have not previously been presented to the Board of Commissioners.  Additional information concerning such matters will be available on a confidential basis through the Secretary of the Board.

 

PHYSICIAN REAPPOINTMENTS

 

DEPARTMENT OF SURGERY

 

SUN KIM, MD, Active Physician, Reappointment June 15, 2004 through June 14, 2006.

FELIX DeVILLA, MD, Part-Time Active Physician, Reappointment June 15, 2004 through June 14, 2006.

PHILLIP DRAY, MD, Affiliate Physician, Reappointment June 15, 2004 through June 14, 2006.

 

DEPARTMENT OF CLINICAL NEUROSCIENCES

 

JORGE FERNALD, MD, Active Physician, Reappointment June 15, 2004 through June 14, 2006.

 

DEPARTMENT OF MEDICINE

 

DAVID BARKER, MD, Affiliate Physician, Reappointment June 15, 2004 through June 14, 2006.

ZAIA LACHIN, MD, Active Physician, Reappointment June 15, 2004 through June 14, 2006.

JULIA ASHENHURST, MD, Active Physician, Reappointment June 15, 2004 through June 14, 2006.

 

DEPARTMENT OF EMERGENCY SERVICES

 

RANJIT SIGAMONY, MD, Active Physician, Reappointment June 15, 2004 through June 14, 2006.

 

 

*  *  *  *  *

 

ITEM #2

 

APPROVED

 

Transmitting a Communication, dated June 15, 2004 from

 

STEPHANIE WRIGHT-GRIGGS, Chief Operating Officer, Provident Hospital of Cook County

 

The non-medical staff appointment, non-medical and medical staff reappointments and other medical staff changes presented have been professionally reviewed and recommended for the status shown. The Board of Commissioners will be notified confidentially when there are physicians herein who have any malpractice claims or professional sanctions when such specific cases have not previously been presented to the Board of Commissioners.  Additional information concerning such matters will be available on a confidential basis through the Secretary of the Board.

 

NON-MEDICAL STAFF APPOINTMENT

 

SAMUEL CORDOVA, MD - Physician Assistant, Certified, will be paid from Account 110, Business Unit #8910502, Grade K-22, Job Code 1816, Position Identification #0300144, sequence 32705, effective June 15, 2004; subject to approval by the Cook County Board. 


MEDICAL APPOINTMENTS continued

 

ITEM #2 cont’d

 

NON-MEDICAL AND MEDICAL STAFF REAPPOINTMENTS

 

DEPARTMENT OF INTERNAL MEDICINE

 

ADEMINAH BAHR-YEHUDAH, Physician Assistant, Certified, Reappointment June 15, 2004 through June 14, 2006.

 

DEPARTMENT OF EMERGENCY MEDICINE

 

MICHAEL MURPHY, DO, Ancillary Category, Reappointment June 15, 2004 through June 14, 2006.

 

DEPARTMENT OF OBSTETRICS AND GYNECOLOGY

 

VALERIE HANSBROUGH, MD, Active Category, Reappointment June 2, 2004 through June 1, 2006.

RENEAU DIALLO, Advance Practice Nurse, Certified Nurse Midwife, Reappointment June 15, 2004 through June 14, 2006.

JUDITH SCHALEGER, Advance Practice Nurse, Certified Nurse Midwife, Reappointment June 15, 2004 through June 14, 2006.

 

DEPARTMENT OF PEDIATRICS

 

MANHAL KHILFEH, MD, Affiliate Category, Reappointment June 20, 2004 through June 19, 2006.

LEELA SELVAM, MD, Affiliate Category, Reappointment June 20, 2004 through June 19, 2006.

 

OTHER MEDICAL STAFF CHANGE

 

MICHAEL JUGO, MD - Attending Physician, Department of Emergency Medicine, to be transferred to Attending Physician, Department of Emergency Medicine from Account 110, Business Unit #8910506, Position Identification #0289137 to Account #155, Business Unit #8910506, Position Identification #0389102, Job Code #1815, Grade ZZ, effective June 15, 2004; subject to approval by the Cook County Board.

 

*  *  *  *  *

 

ITEM #3

 

APPROVED

 

Transmitting a Communication, dated May 24, 2004 from

 

JOHNNY C. BROWN, Chief Operating Officer, Stroger Hospital of Cook County

 

The medical staff appointments, reappointments and status changes presented have been professionally reviewed and recommended for the status shown.  The Board of Commissioners will be notified confidentially when there are physicians herein who have any malpractice claims or professional sanctions when such specific cases have not previously been presented to the Board of Commissioners.  Additional information concerning such matters will be available on a confidential basis through the Secretary of the Board.

 

MEDICAL STAFF APPOINTMENTS

 

STANLEY M. COHEN, MD - Voluntary Attending Physician, Department of Medicine, Division of General Medicine, effective June 15, 2004; subject to approval by the Cook County Board. 

 

STANTON F. DODSON, MD - Voluntary Attending Physician, Department of Surgery, Division of General Surgery, effective June 15, 2004; subject to approval by the Cook County Board. 

 

PAUL D. ERICKSON, MD - Attending Physician/Division Chairman, Department of Radiology, Division of Trauma Radiology, will be paid at Grade K-12, from Account 110, Business Unit #8970210 (25-03), Position Identification #9522558; subject to approval by the Cook County Board.


MEDICAL APPOINTMENTS continued

 

ITEM #3 cont’d

 

THERESA M. McCARTHY, MD - Voluntary Attending Physician, Department of Surgery, Division of Orthopaedic Surgery, effective June 15, 2004; subject to approval by the Cook County Board.

 

MICHAEL A. REGAN, MD - Attending Physician Senior, Department of Obstetrics and Gynecology, will be paid at Grade K-11, Step 5, from Account 110, Business Unit #8970266 (29-06), Position Identification #0400306, effective June 15, 2004; subject to approval by the Cook County Board. 

 

ADVANCE PRACTITIONER NURSE

 

MARGARET E. REYES, APN - Advance Practitioner Nurse, Department of Pediatrics/Ambulatory and Community Health Network of Cook County, effective June 15, 2004; subject to approval by the Cook County Board.

 

MEDICAL STAFF REAPPOINTMENTS

 

DEPARTMENT OF FAMILY PRACTICE

 

JULIET BRADLEY, MD

Attending Physician

STEPHANIE CAVANAUGH, MD

Voluntary Associate Attending Physician

 

DEPARTMENT OF MEDICINE

 

JOSE ARRUDA, MD

Consulting Physician

ANGELITO BERNARDO, MD

Service Physician

SHEELA CHANNABASAPPA, MD

Service Physician

ROBERT COHEN, MD

Attending Physician

SARAH EVERAKES, MD

Attending Physician

LARRY GOODMAN, MD

Voluntary Physician

PETER HART, MD

Attending Physician

SURESH HATHIWALA, MD

Voluntary Physician

ALAIN HEROUX, MD

Voluntary Physician

ROMINA KEE, MD

Attending Physician

JAMES LASH, MD

Service Physician

JUDITH NERAD, MD

Attending Physician

RACHEL RUBIN, MD

Attending Physician

JACOB SAMUEL, MD

Attending Physician

GORDON SCHIFF, MD

Attending Physician

ROBERT WRIGHT, MD

Voluntary Physician

MOHAMMAD IMRAN, MD

Service Physician

 

DEPARTMENT OF OBSTETRICS AND GYNECOLOGY

 

ROMINA KEE, MD

Voluntary Physician

LINDA POWELL, MD

Voluntary Physician

 

DEPARTMENT OF PATHOLOGY

 

KAREN FERRER, MD

Attending Physician

JOHN KENNEDY, MD

Consulting Physician

 

DEPARTMENT OF PEDIATRICS

 

JAGVIR SINGH, MD

Service Physician

LISA GIORDANO, MD

Attending Physician

 


MEDICAL APPOINTMENTS continued

 

ITEM #3 cont’d

DEPARTMENT OF SURGERY

 

ROBERT BERKTOLD, MD

Attending Physician

JEFFREY BORK, MD

Attending Physician

JOHN CANNING, MD

Voluntary Physician

BOONMEE CHUNPRAPAPH, MD

Attending Physician

DAVID CONLEY, MD

Attending Physician

DAVID FELGENHAUER, MD

Attending Physician

MARK GODSEL, MD

Attending Physician

TIMOTHY KABOT, MD

Attending Physician

NICHOLAS LYGIZOS, MD

Consulting Physician

ALLAN MALLIK, MD

Attending Physician

BRIAN O’BYRN, MD

Consulting Physician

GEORGE S. PANOS, MD

Attending Physician

RUSSELL PEARL, MD

Attending Physician

SUBHASH PATEL, MD

Attending Physician

RICHARD PRINZ, MD

Voluntary Physician

JOHN SISTO, MD

Attending Physician

 

GIANCARLO PIANO, MD, Attending Physician (Resigned position effective May 3, 2004).

 

DEPARTMENT OF TRAUMA

 

FARAN BOKHARI, MD

Attending Physician

ROXANNE ROBERTS, MD

Attending Physician

 

REAPPOINTMENTS MID-LEVEL PRACTITIONERS

 

CARLOS ALTEZ, MD

Physician Assistant-Certified

ADELAIDA H. SANTANA-SILVA, MD

Physician Assistant-Certified

GLEN TRAMMELL, MD

Physician Assistant-Certified

 

MEDICAL STAFF APPOINTMENTS TO BE AMENDED FROM PROVISIONAL

TO FULL STATUS WITH NO FISCAL IMPLICATIONS

 

STANCY LYNN ARENS, MD – Physician Assistant, Department of Medicine, Division of Infectious Disease, effective June 15, 2004; subject to approval by the Cook County Board.

 

KAYAYOUN REZAT, MD - Attending Physician, Department of Medicine, Division of Infectious Disease, effective June 15, 2004; subject to approval by the Cook County Board.

 

MARGARET TELFER, MD - Consulting Physician, Department of Medicine, Division of Hematology and Oncology, effective June 15, 2004; subject to approval by the Cook County Board.

 

MEDICAL STAFF STATUS CHANGES

 

FARAN BOKHARI, MD - from Attending Physician, Department of Trauma, Division of Intensive Care to Attending Physician, Department of Trauma, Medical Divisional Chair, with no change in privileges, will be paid at Grade K-11, Step 5, from Account 110, Business Unit #89702964 (35-03), Position Identification #9523464, effective June 15, 2004; subject to approval by the Cook County Board.

 

ENRIQUE MARTINEZ, MD - from Attending Physician 8, Department of Medicine/Ambulatory and Community Health Network of Cook County, Division of Fantus Administration to Attending Physician 10 with no change in privileges, will be paid at Grade K-10, Step 3, from Account 110, Business Unit #8930435 (05-01), Position Identification #9519591, effective June 15, 2004; subject to approval by the Cook County Board.

 

JOSEPH WEBER, MD - from Service Physician, Department of Emergency Medicine to Attending Physician 9 with no change in privileges, will be paid at Grade K-9, Step 1, from Account 110, Business Unit #8970285 (33-01), Position Identification #9823323, effective June 15, 2004; subject to approval by the Cook County Board.

 


GRANT APPLICATIONS

 

ITEM #4

 

APPROVED

 

Transmitting a Communication, dated May 12, 2004 from

 

DENNIS MANZKE, Chief of the Administrative Services Bureau, State’s Attorney’s Office

 

requesting authorization to apply for a grant in the amount of $199,000.00 from the Illinois Criminal Justice Information Authority (ICJIA) for the State’s Attorney’s Victim-Offender Conferencing Program, which is part of the State’s Attorney’s youth diversion crime reduction program known as Project Reclaim.

 

Through this program, the State’s Attorney’s Office will contract with an organization that will coordinate and broaden victim-offender conferencing programs in the Second, Third, Fourth, Fifth and Sixth Municipal Districts of the Circuit Court of Cook County as well as in the farthest southern Chicago Police Districts, collectively known as Area 2.  Trained community volunteers will bring the victim and youthful offender face-to-face in a neutral, safe environment, allowing them to work through their dispute and to create a resolution suitable to all parties.  This project will provide a forum for modeling a healthy, positive and productive form of conflict resolution.

 

The Jane Addams Foundation will be contributing $25,000.00 to cover the match for this program.

 

The Budget Department has reviewed this item, and all requisite documents have been submitted.

 

Estimated Fiscal Impact:  None.  Grant Award:  $199,000.00.  Funding period:  March 1, 2004 through February 28, 2005.

 

*  *  *  *  *

 

ITEM #5

 

APPROVED

 

Transmitting a Communication, dated May 13, 2004 from

 

DENNIS MANZKE, Chief of the Administrative Services Bureau, State’s Attorney’s Office

 

requesting authorization to apply for a grant in the amount of $989,477.00 from the Department of Justice, Bureau of Justice Assistance, for the State’s Attorney’s Cold Case Homicide Unit Program.  This congressionally-mandated award enables the continuation of efforts that began through a four-year grant funded program from the Illinois Criminal Justice Information Authority (ICJIA), known as the Unsolved Homicide Initiative, which recently ended.  Through this federal grant, five (5) prosecutors and four (4) investigators will be dedicated to targeted, long-term investigations that will work to hold offenders accountable and serve to restore public confidence by closing unsolved homicides from Chicago and the outlying Cook County suburbs.  Funds from this grant will fully support the salaries and fringe benefits of the five (5) prosecutors and four (4) investigators as well as training and training related travel, travel required for witness interviews and other equipment expenses.

 

The Budget Department has reviewed this item, and all requisite documents have been submitted.

 

Estimated Fiscal Impact:  None.  Grant Award:  $989,477.00.  Funding period:  June 1, 2004 through May 31, 2005.

 


GRANT AWARDS

 

ITEM #6

 

APPROVED

 

Transmitting a Communication, dated May 26, 2004 from

 

WILLIAM R. QUINLAN, Chairman, Judicial Advisory Council

 

requesting authorization to accept a grant in the amount of $859,516.00 from the Illinois Criminal Justice Information Authority (ICJIA) to operate the fifth year of Project Reclaim.

 

These funds will continue to provide a wide range of services for 10 to 17 year old high risk youth.  These services will include such services as intensive individual and family counseling, substance abuse counseling, drug testing and mentoring.

 

The Board approved this office’s request to apply for these funds on January 22, 2004 in the amount of $859,516.00 with a cash match of $95,502.00.

 

The Budget Department has reviewed this item, and all requisite documents have been submitted.

 

Estimated Fiscal Impact:  $95,502.00.  Grant Award:  $859,516.00.  Funding period:  October 1, 2003 through December 13, 2005.  (205-818 Account).

 

*  *  *  *  *

 

ITEM #7

 

APPROVED

 

Transmitting a Communication, dated May 25, 2004 from

 

DENNIS MANZKE, Chief of the Administrative Services Bureau, State’s Attorney’s Office

 

requesting authorization to accept a grant award in the amount of $296,000.00 from the Illinois Criminal Justice Information Authority (ICJIA) for the new Violence Against Women Total Response Program.  This program will work to strengthen the State’s Attorney’s response to felony sexual assault and felony domestic violence cases with adult female victims.  The Violence Against Women Total Response Program builds upon the work of two other programs in the State’s Attorney’s Office, the Sex Offender Prosecution Program and the Chicago Response Domestic Violence Program.  The new program is designed to have prosecutors who are specially trained on violent crimes against women (such as domestic violence and sexual assault) in both the felony review section and felony trial sections of the State’s Attorney’s Office at the Criminal Courthouse located at 2650 South California Avenue in Chicago.  The program will provide specialized felony review as well as vertical prosecution of sexual assault and domestic violence cases.  The program includes four (4) assistant state’s attorneys as trial specialists, one (1) in the Sex Crimes Division and one (1) in the Felony Domestic Violence Unit.

 

This grant requires that the office match one (1) dollar for each three (3) dollars of federal funding.  An in-kind match that fully supports the salary and fringe benefits of one of the assistant state’s attorneys fulfills the match commitment for this program.

 

The authorization to apply for this grant was given by the Cook County Board of Commissioners on May 18, 2004 in the amount of $296,000.00.

 

The Budget Department has reviewed this item, and all requisite documents have been submitted.

 

Estimated Fiscal Impact:  None.  Grant Award:  $296,000.00.  Funding period:  July 1, 2004 through June 30, 2005.

 


GRANT AWARD ADDENDA

 

ITEM #8

 

APPROVED

 

Transmitting a Communication, dated June 8, 2004 from

 

CLARA BOLDEN COLLINS, Superintendent, Juvenile Temporary Detention Center

 

requesting authorization to extend for two (2) months a grant agreement from the Illinois Department of Corrections to support the improvement of the over all operations of the Juvenile Temporary Detention Center (JTDC).

 

Furthermore, the grant has assisted the JTDC in fulfilling its mission in providing children a safe, secure and caring environment with programs and structure that enhance personal development and improve opportunity for success upon return to the community.

 

The Budget Department has reviewed this item, and all requisite documents have been submitted.

 

Estimated Fiscal Impact:  None.  Funding period extension:  July 1, 2004 through August 31, 2004.

 

*  *  *  *  *

 

ITEM #9

 

APPROVED

 

Transmitting a Communication, dated May 12, 2004 from

 

DENNIS MANZKE, Chief of the Administrative Services Bureau, State’s Attorney’s Office

 

requesting authorization to accept a no-cost grant extension from the Department of Justice, Bureau of Justice Assistance, for the State’s Attorney’s Financial-Crime Free Communities Support Anti-Money Laundering Grant Program.  This extension will enable our office to expend the remaining grant funds that were awarded.

 

Through this grant, the State’s Attorney’s Office was able to create and dedicate a Money Laundering Unit that focuses on money laundering mechanisms employed by street gangs and narcotics trafficking organizations that operate in the Chicago area in an effort to identify, expose and prosecute the segment of the drug trade that moves and enables the movement of money.  The funds provided through this grant fully support the salaries and fringe benefits of one (1) senior level assistant state’s attorney, one (1) state’s attorney investigator, one (1) full-time auditor and one (1) part-time law clerk.

 

The Budget Department has reviewed this item, and all requisite documents have been submitted.

 

Estimated Fiscal Impact:  None.  Grant Award:  None.  Funding period extension:  July 1, 2004 through December 31, 2004.

 

*  *  *  *  *

 

ITEM #10

 

APPROVED AS AMENDED

 

Transmitting a Communication, dated May 4, 2004 from

 

JOHN M. RABA, M.D., Chief Operating Officer, Cermak Health Services of Cook County

 

requesting authorization to accept a supplemental grant award in the amount of $208,846.00 and a twelve (12) month extension with the Hektoen Institute for Medical Research for the HIV Prevention Program Grant.

 

The purpose of this grant is to provide individual and group health education classes and counseling sessions for detainees at the Department of Corrections.


GRANT AWARD ADDENDA continued

 

ITEM #10 cont’d

 

The Budget Department has reviewed this item, and all requisite documents have been submitted.    The authorization to accept the previous grant was given on September 19, 2002 in the amount of $433,929.00.

 

Estimated Fiscal Impact:  None.  Supplemental Grant Award:  $208,846.00.  Funding period extension:  January 1, 2003 through December 31, 2003.

 

GRANT AWARD RENEWALS

 

ITEM #11

 

APPROVED

 

Transmitting a Communication, dated May 26, 2004 from

 

STEPHEN A. MARTIN, JR., Ph.D., M.P.H., Chief Operating Officer, Department of Public Health

 

requesting authorization to renew a grant in the amount of $53,785.00 from the Illinois Department of Public Health (IDPH) for a program which will establish and maintain an active surveillance system for HIV/AIDS case reporting in suburban Cook County hospitals and other reporting sources.

 

This grant does not require an application process; the funding is automatically renewed. The authorization to accept the previous grant was given on March 9, 2004, by the Cook County Board of Commissioners, in the amount of $15,824.00.

 

The Budget Department has reviewed his item, and all requisite documents have been submitted.

 

Estimated Fiscal Impact:  None.  Grant Award:  $53,785.00.  Funding period:  April 1, 2004 through December 31, 2004.

 

*  *  *  *  *

 

ITEM #12

 

APPROVED

 

Transmitting a Communication, dated May 4, 2004 from

 

JOHN M. RABA, M.D., Chief Operating Officer, Cermak Health Services of Cook County

 

requesting authorization to renew a grant in the amount of $118,459.00 from the AIDS Foundation of Chicago.  The purpose of this grant is to continue funding for two (2) case management positions in the HIV/AIDS program.

 

This grant does not require an application process; the funding is automatically renewed. The authorization to accept the previous grant was given on June 17, 2003, by the Cook County Board of Commissioners, in the amount of $106,599.00.

 

The Budget Department has reviewed this item, and all requisite documents have been submitted.

 

Estimated Fiscal Impact:  None.  Grant Award:  $118,459.00.  Funding period:  April 1, 2004 through March 31, 2005.

 

*  *  *  *  *


GRANT AWARD RENEWALS continued

 

ITEM #13

 

APPROVED AS AMENDED

 

Transmitting a Communication, dated March 24, 2004 from

 

JOHN M. RABA, M.D., Chief Operating Officer, Cermak Health Services of Cook County

 

requesting authorization to renew a grant in the amount of $207,119.00 from the Hektoen Institute for Medical Research and Cermak Health Services of Cook County for the Department of Corrections HIV Prevention Program.

 

The purpose of this grant is to provide individual and group health education classes and counseling sessions for detainees at the Department of Corrections.

 

This grant does not require an application process, funding is automatically renewed.

 

The Budget Department has reviewed this item, and all requisite documents have been submitted.  The authorization to accept the previous grant was given on September 19, 2002 in the amount of $433,929.00.

 

Estimated Fiscal Impact:  None.  Grant Award:  $207,119.00.  Funding period:  January 1, 2004 through December 31, 2004.

 

COOPERATIVE EDUCATIONAL MASTER AGREEMENT AND SUB-AGREEMENTS

 

ITEM #14

 

APPROVED

 

Transmitting a Communication, dated May 24, 2004 from

 

RUTH M. ROTHSTEIN, Chief, Bureau of Health Services

 

requesting authorization to execute a Master Affiliation Agreement and related Sub-Agreements with Rush-Presbyterian-St. Luke’s Medical Center, Chicago, Illinois for Stroger Hospital of Cook County.

 

These programs will combine the academic and clinical resources of Rush-Presbyterian-St. Luke’s Medical Center to the education and training experience of Stroger Hospital of Cook County.  Pursuant to these subagreements, Rush-Presbyterian-St. Luke’s Medical Center will provide staff including attending physicians, fellows, and residents who will participate in a variety of patient care, education and research activities.

 

The proposed fiscal impact in each department/division is delineated as follows:

 

 

REQ. NO.

DEPARTMENT/

DIVISION

 

PERIOD

 

AMOUNT

 

48970666

 

General Affiliation Medicine

 

Year one

Year two

Year three

 

      $ 3,011,432.00

      $ 3,251,444.00

      $ 3,043,594.00

 

48970667

 

General Medicine

 

Year one

Year two

Year three

 

         $ 336,389.00

         $ 336,389.00

         $ 336,389.00

 

48970668

 

Specialty Medicine Services

 

Year one

Year two

Year three

 

         $ 863,880.00

         $ 863,880.00

         $ 863,880.00


COOPERATIVE EDUCATIONAL MASTER AGREEMENT

AND SUB-AGREEMENTS continued

 

 

REQ. NO.

DEPARTMENT/

DIVISION

 

PERIOD

 

       AMOUNT

 

48970669

 

Pediatric Services

 

Year one

Year two

Year three

 

      $ 1,112,610.00

      $ 1,112,610.00

      $ 1,112,610.00

 

48970670

 

Oral Maxillofacial

 

Year one

Year two

Year three

 

No Fiscal Impact

 

 

48970671

 

Orthopedic Surgery

 

Year one

Year two

Year three

 

         $ 120,812.00

         $ 124,436.00

         $ 128,169.00

 

48970672

 

Vascular Cardiothoracic

 

Year one

Year two

Year three

 

         $ 457,118.00

         $ 479,974.00

 $ 503,973.00

 

48970673

 

General Surgery

 

Year one

Year two

Year three

 

      $ 1,953,029.00

      $ 2,050,681.00

      $ 2,153,215.00

 

 

48970674

 

Emergency Medicine Services

Year one

Year two

Year three

 

No Fiscal Impact

 

Cooperative Educational Master Agreement:

 

Estimated Fiscal Impact:  None.  Contract period:  July 1, 2004 through June 30, 2014.  Requisition No.  48970665.

 

Sub-Agreements:

 

Estimated Fiscal Impact:  $24,216,514.00 (Year One - $7,855,270.00; Year Two - $8,219,414.00; and Year Three - $8,141,830.00).  Contract period:  July 1, 2004 through June 30, 2007.  (897-272 Account).

 

COOPERATIVE EDUCATIONAL MASTER AGREEMENT PROGRAM ADDENDUM

 

ITEM #15

 

APPROVED

 

Transmitting a Communication, dated May 24, 2004 from

 

JOHNNY C. BROWN, Chief Operating Officer, Stroger Hospital of Cook County

 

requesting authorization from the Cook County Board of Commissioners to enter into a Cooperative Educational Master Agreement and related Program Addenda for the Department of Surgery with the University of Chicago Hospital, Chicago, Illinois, for Stroger Hospital of Cook County.

 

The Program Addenda will combine the academic and clinical resources for the University of Chicago Hospital to the educational and training experience of Stroger Hospital of Cook County.  Pursuant to the Program Addenda, the University of Chicago Hospital will provide rotating residents to include two junior level university residents (PGY IV, V, or VI) per academic year.  The term of each rotation shall be three months.  The total full time equivalent (FTE) commitment during each year of this Addenda is 1.0 FTE.


COOPERATIVE EDUCATIONAL MASTER AGREEMENT

PROGRAM ADDENDUM continued

 

ITEM #15 cont’d

 

The department was not able to process the documents on time due to the delay in finalizing the terms of the contracts.

 

Cooperative Educational Master Agreement:

 

Estimated Fiscal Impact:  None.  Contract period:  July 1, 2003 through June 30, 2010.  Requisition No. 48970568.

 

Program Addenda:

 

Estimated Fiscal Impact:  $116,171.00 (Year One - $57,227.00; and Year Two - $58,944.00).  Contract period:  July 1, 2003 through June 30, 2005.  (897-272 Account).  Requisition No.  48970567.

 

COOK COUNTY STATE'S ATTORNEY

 

ITEM #16

 

REFERRED TO THE FINANCE LITIGATION SUBCOMMITTEE

 

Transmitting a Communication, dated May 27, 2004 from

 

PATRICK T. DRISCOLL, JR., Deputy State's Attorney, Chief, Civil Actions Bureau

 

respectfully request permission to discuss the following cases with the Board or the appropriate committee thereof:

 

1.         Contessa Strong v. Cook County, et al., Case No. 03-M1-301565

 

#266164

 

2.         Michael McCottrey v. Correctional Officer Gregory Griffin, et al., Case No. 01-CV-7490

 

#266165

 

3.         Sarita Ortiz, Independent Administrator of the Estate of Jose Ortiz, deceased v. Cook County and Edward B. Savage, M.D., et al., Case No. 03-L-11748

 

#266166

 

 

AGREEMENTS

 

ITEM #17

 

 

APPROVED

 

Transmitting a Communication, dated June 7, 2004 from

 

THOMAS J. GLASER, Chief Financial Officer, Bureau of Finance

 

On behalf of the Deferred Compensation Committee, I respectfully request that the Board approve the Third Amendment to the Administrative Services Agreement between the County of Cook, Illinois (“County”) and Nationwide Retirement Solutions (“NRS”) whereby the County exercises its option to renew the Agreement for a period of one (1) year ending June 30, 2005.

 

In a poll of the Deferred Compensation Committee members conducted on June 3rd and 4th, 2004, unanimous approval was given for the extension.  All other terms and conditions of the Agreement remain unchanged and in full force and effect.

 

*  *  *  *  *


AGREEMENTS continued

 

ITEM #18

 

APPROVED

 

Transmitting a Communication, dated May 17, 2004 from

 

RUTH M. ROTHSTEIN, Chief, Bureau of Health Services

 

requesting authorization to enter into an agreement with Interfaith House, Chicago, Illinois, to provide funds which will enable it to treat and attend to the homeless who otherwise would not receive assistance or have a place to live after hospital discharge.

 

After providing medical treatment to indigent or homeless persons and determining that the discharge is appropriate, the Bureau of Health Services may continue to make referrals of homeless individuals to Interfaith House, a not-for-profit organization, which provides a place for ill and injured homeless adults in the Chicago area to heal.

 

Interfaith House intends to use the funds to support the general operation of its respite center.

 

Estimated Fiscal Impact:  $50,000.00.  Contract period:  July 1, 2004 through June 30, 2005.  (899-298 Account).  Requisition No. 48990661.

 

PERMISSION TO ADVERTISE

 

ITEM #19

 

APPROVED

 

Transmitting a Communication from

 

DOROTHY BROWN, Clerk of the Circuit Court

 

requesting authorization for the Purchasing Agent to advertise for bids for the printing of approximately sixty (60) multiple sheet court forms in carbonless format.

 

One time purchase.  (348-240 Account).  Requisition No. 43480658.

 

*  *  *  *  *

 

ITEM #20

 

APPROVED

 

Transmitting a Communication from

 

DOROTHY BROWN, Clerk of the Circuit Court

 

requesting authorization for the Purchasing Agent to advertise for bids for the purchase of bottled water.

 

Contract period:  October 8, 2004 through October 7, 2005.  (335-390 Account).  Requisition No. 43350082.

 

*  *  *  *  *


PERMISSION TO ADVERTISE continued

 

ITEM #21

 

APPROVED

 

Transmitting a Communication from

 

DOROTHY BROWN, Clerk of the Circuit Court

 

requesting authorization for the Purchasing Agent to advertise for bids for the purchase of twelve (12) Zebra M4 PlusBar code printers including all required accessories which is compatible with the existing printers.  This can be bid through various vendors.

 

One time purchase.  (717/529-579 Account).  Requisition No. 45291364.

 

Sufficient funds have been appropriated to cover this request.

 

*  *  *  *  *

 

ITEM #22

 

APPROVED

 

Transmitting a Communication from

 

MICHAEL F. SHEAHAN, Sheriff of Cook County

by

JACK KELLY, Chief Financial Officer

 

requesting authorization for the Purchasing Agent to advertise for bids for the purchase of call recorders for the E911 system, to record emergency telephone and radio conversations and provide instant replay capability for critical communications in emergency situations.

 

One time purchase.  (715/211-570 Account).  Requisition No. 42110044.

 

Sufficient funds have been appropriated to cover this request.

 

*  *  *  *  *

 

ITEM #23

 

APPROVED

 

Transmitting a Communication from

 

JOHN T. JOINER, Director, Department of Facilities Management

 

requesting authorization for the Purchasing Agent to advertise for bids for three (3) annual tradesmen supply contracts:

 

REQ. NO.

ITEMS

CONTRACT PERIOD

 

42000244

 

Electrical fittings

 

08/08/04 through 08/07/05

42000245

Plumbing

09/04/04 through 09/03/05

42000246

Wire devices

08/06/04 through 08/05/05

 

(200-333 Account).

 

*  *  *  *  *


PERMISSION TO ADVERTISE continued

 

ITEM #24

 

APPROVED

 

Transmitting a Communication from

 

CHRISTOPHER J. MORRIS, Executive Director, Office of the Medical Examiner

 

requesting authorization for the Purchasing Agent to advertise for bids for the purchase of toxicology and histology consumables.

 

One time purchase.  (259-360 Account).  Requisition No. 42590058.

 

*  *  *  *  *

 

ITEM #25

 

APPROVED

 

Transmitting a Communication from

 

RAYMOND C. ROBIN, County Purchasing Agent

 

requesting authorization for the Purchasing Agent to advertise for bids for a countywide purchase of xerographic paper.

 

Contract period:  December 1, 2004 through November 30, 2005.  (030-350 Account).  Requisition No. 50300001.

 

*  *  *  *  *

 

ITEM #26

 

WITHDRAWN

 

Transmitting a Communication from

 

MICHAEL F. SHEAHAN, Sheriff of Cook County

by

ROBERT E. BEAVERS, Chief Deputy Sheriff, Court Services Division

 

requesting authorization for the Purchasing Agent to advertise for bids for food service for jurors and attendant courtroom personnel for the Daley Center, Traffic and 13th and Michigan courts.

 

Contract period:  October 5, 2004 through October 4, 2007.  (230-233 Account).  Requisition No. 42300037.

 

*  *  *  *  *

 

ITEM #27

 

APPROVED

 

Transmitting a Communication from

 

MICHAEL F. SHEAHAN, Sheriff of Cook County

by

JACK KELLY, Chief Financial Officer

 

requesting authorization for the Purchasing Agent to advertise for bids for the purchase of the following items:


PERMISSION TO ADVERTISE continued

 

ITEM #27 cont’d

 

QUANTITY

DESCRIPTION

 

 

750

Motorola XTS5000 Astro Digital 800 MHZ portable radios

160

Motorola WPLN4108AR110 vac IMPRESS Smart multi unit chargers

160

Motorola NLN7967 A wall mount for multi unit chargers

1

Motorola RVN4181H-XTS5000 CPS software

2

Motorola RKN4105 A Programming Cable USB

100

Motorola Astro PS Mics, Model No. NMN6250A

750

Motorola WPLN4111AR 110# vac IMPRESS Smart single unit chargers

500

Motorola MTS PS Mics Model No. NMN6228C

1000

Motorola MTS batteries, Model No. NTN7144CR

 

 

These are Astro Digital Smartzone radios and Motorola is the only vendor that makes radios for the Astro Digital radio system.

 

One time purchase.  (715/211-570 Account).  Requisition No. 42110041.

 

Sufficient funds have been appropriated to cover this request.

 

*  *  *  *  *

 

ITEM #28

 

APPROVED

 

Transmitting a Communication from

 

MICHAEL F. SHEAHAN, Sheriff of Cook County

by

TIMOTHY G. BRENNAN, Director of Vehicle Services

 

requesting authorization for the Purchasing Agent to advertise for bids for mobile automotive glass replacement.

 

Contract period:  June 19, 2004 through June 18, 2006.  (211-444 Account).  Requisition No. 42110531.

 

*  *  *  *  *

 

ITEM #29

 

APPROVED

 

Transmitting a Communication from

 

DANIEL R. MARTIN, Acting Chief Operating Officer, Oak Forest Hospital of Cook County

 

requesting authorization for the Purchasing Agent to advertise for bids for the purchase and installation of an ophthalmology operating microscope system with accessories.

 

One time purchase.  (717/898-540 Account).  Requisition No. 48980403.

 

Sufficient funds have been appropriated to cover this request.

 

*  *  *  *  *


PERMISSION TO ADVERTISE continued

 

ITEM #30

 

APPROVED

 

Transmitting a Communication from

 

JOHNNY C. BROWN, Chief Operating Officer, Stroger Hospital of Cook County

 

requesting authorization for the Purchasing Agent to advertise for bids for the purchase of disposable esophageal stethoscopes with internal temperature probes for the Department of Anesthesiology and Pain Management.

 

Contract period: October 1, 2004 through September 30, 2006.  (897-362 Account).  Requisition No. 48970650.

 

*  *  *  *  *

 

ITEM #31

 

APPROVED

 

Transmitting a Communication from

 

JOHNNY C. BROWN, Chief Operating Officer, Stroger Hospital of Cook County

 

requesting authorization for the Purchasing Agent to advertise for bids for window washing services for the Stroger Hospital of Cook County campus.

 

Contract period:  September 1, 2004 through August 31, 2006.  (897-235 Account).  Requisition No. 48970649.

 

CONTRACTS

 

ITEM #32

 

APPROVED

 

Transmitting a Communication from

 

DONALD C. BRANNIGAN, Director, Department of Central Services

 

requesting authorization for the Purchasing Agent to enter into a contract with Xerox Corporation, Chicago, Illinois, to purchase one (1) Xerox Docucolor 5252, one (1) Xerox DSP6000 RIP with DigiPath 4.1 65 PPM scanner and one (1) Xerox DT120 copier/printer.

 

Reason:

This equipment can be integrated fully into the existing Xerox equipment and will allow the County’s print shop to accept or in-source color printing jobs that normally would be outsourced to external vendors for two times more than what the County would charge.

 

Estimated Fiscal Impact:  $264,600.00.  One time purchase.  (717/016-530 Account).  Requisition No. 40160313.

 

Sufficient funds have been appropriated to cover this request.

 

*  *  *  *  *


CONTRACTS continued

 

ITEM #33

 

APPROVED AS AMENDED

 

Transmitting a Communication, dated June 8, 2004 from

 

CATHERINE MARAS O’LEARY, Chief Information Officer,

                                                      Bureau of Information Technology & Automation

 

requesting authorization for the Purchasing Agent to enter into a contract with International Business Machines, Corporation, (IBM), Chicago, Illinois, for phase one of a state of the art interoperable mobile video and data network system for first responders for the Homeland Security Public Safety initiative, as part of the federal Homeland Security grant.

 

Reason:

International Business Machines, Corporation, submitted the lowest cost proposal in response to a request for proposal (RFP) that met all system requirements.

 

Estimated Fiscal Impact:  None.  Grant funded amount not to exceed:  $12,850,000.00.  Contract period:  One time purchase.  (769-401 570 Account).  Requisition No. 40090009.

 

*  *  *  *  *

 

ITEM #34

 

APPROVED

 

Transmitting a Communication from

 

TIMOTHY C. EVANS, Chief Judge, Circuit Court of Cook County

 

requesting authorization for the Purchasing Agent to enter into a contract with Youth Outreach Services, Chicago, Illinois, for professional services for the Community Circles Program to be administered through the Circuit Court of Cook County’s Juvenile Probation and Court Services Department.

 

Reason:

The purpose of the Community Circles Program is to provide community based drug treatment services for up to 120 delinquent minors who reside in Chicago’s North Lawndale Community.  Youth Outreach Services will act as the lead agency for the program overseeing the provision of services by designated subcontractors.  The new program joins the court’s award-winning continuum of services available to the judges of the Juvenile Justice Division to help reduce substance abuse and delinquent behavior by minors under the supervision of the court.  Youth Outreach Services, a not-for-profit corporation and licensed adolescent treatment provider and child welfare agency, is accredited by the Council on Accreditation for Children and Family Services.

 

Estimated Fiscal Impact:  None.  Grant funded amount:  $416,115.00.  Contract period:  July 1, 2004 through June 30, 2005.  (839-260 Account).  Requisition No. 48390001.

 

*  *  *  *  *

 

ITEM #35

 

APPROVED

 

Transmitting a Communication from

 

STANLEY A. MOLIS, Director, Department for Management of Information Systems

 

requesting authorization for the Purchasing Agent to enter into a contract with Candle Corporation, El Segundo, California, to provide maintenance and rental of three (3) performance monitoring tools (Omegamon II for MVS, Omegamon II for DB2 and Omegamon II for CICS).


CONTRACTS continued

 

ITEM #35 cont’d

 

Reason:

This is proprietary software is only available from the vendor.

 

Estimated Fiscal Impact:  $63,321.05.  Contract period:  July 1, 2004 through June 30, 2005.  (012-630 Account).  Requisition No. 40120039.

 

*  *  *  *  *

 

ITEM #36

 

APPROVED AS AMENDED

COMMISSIONER STEELE VOTED PRESENT

 

Transmitting a Communication from

 

MICHAEL F. SHEAHAN, Sheriff of Cook County

By

 

JACK KELLY, Chief Financial Officer

 

requesting authorization for the Purchasing Agent to enter into a contract with Dennis Deer, Chicago, Illinois, to provide instruction for the Institute’s Academies, Department of Corrections and Court Services Division as may be required.

 

Reason:

The Sheriff’s Office originally had a Purchase Order #137129 in the amount of $24,750.00 issued by the Purchasing Agent on January 9, 2004.  As a result of a reduction in training staff consultant being unable to fulfill his contractual obligation at the Training Institute, Mr. Deer has assumed additional responsibility in service training courses.

 

Estimated Fiscal Impact:  $35,000.00.  Contract Period:  January 1, 2004 through December 31, 2004.  (211-186 Account).  Requisition No. 42110009.

 

*  *  *  *  *

 

ITEM #37

 

APPROVED

 

Transmitting a Communication from

 

MICHAEL F. SHEAHAN, Sheriff of Cook County

by

THOMAS K. DONAHUE, Executive Director, Chicago HIDTA

 

requesting authorization for the Purchasing Agent to enter into a contract with James Malinowski, Orland Park, Illinois, for the purpose of providing oversight and direction to the U.S. Marshal Fugitive Apprehension Task Force on behalf of the Cook County Sheriff’s Office Chicago High Intensity Drug Trafficking Area (HIDTA).

 

Reason:

Due to Mr. Malinowski’s knowledge of law enforcement and extensive experience with the Sheriff’s Police Department as well as interactions with federal law enforcement agencies, particularly the U.S. Marshal Service, his expertise in the field of fugitive apprehension would be invaluable to this HIDTA funded task force position.

 

Estimated Fiscal Impact:  None.  Grant funded amount: $80,000.00.  Contract period:  July 1, 2004 through June 30, 2005.  (655-260 Account).  Requisition No. 46550317.

 

*  *  *  *  *


CONTRACTS continued

 

ITEM #38

 

APPROVED

 

Transmitting a Communication, dated May 26, 2004 from

 

MARIA PAPPAS, Cook County Treasurer

 

requesting authorization for the Purchasing Agent to enter into a contract with ADT Security Systems, Inc., Pittsburgh, Pennsylvania, for the rental, monitoring and maintenance of the security alarms, cameras, panic alarms, cashiering stations and twenty-four hour service for the downtown offices and the districts.

 

Reason:

ADT Security Systems, Inc. has proprietary rights to the cameras and the security system.

 

Estimated Fiscal Impact:  $73,823.58.  Contract period:  January 1, 2004 through December 31, 2004.  (060-630 Account).  Requisition No. 40600047.

 

Purchasing Agent concurs.

 

*  *  *  *  *

 

ITEM #39

 

APPROVED AS AMENDED

 

Transmitting a Communication from

 

JOHN M. RABA, M.D., Chief Operating Officer, Cermak Health Services of Cook County

 

requesting authorization for the Purchasing Agent to enter into a contract with Beckman Coulter, Inc., Brea, California, for the purchase of reagents and consumable supplies for the Beckman CX5D and Coulter Maxm1 with Retic for the Laboratory Department.

 

Reason:

Beckman Coulter, Inc. is the only known distributor of reagents and consumable supplies for Beckman Instruments.  The Beckman CX5D and Coulter Maxm1 are used for chemistry analysis.

 

Estimated Fiscal Impact:  $250,000.00.  Contract period:  December 1, 2004 through November 30, 2006.  (240-365 Account).  Requisition No. 52400004.

 

Purchasing Agent concurs.

 

*  *  *  *  *

 

ITEM #40

 

APPROVED

 

Transmitting a Communication from

 

RUTH M. ROTHSTEIN, Chief, Bureau of Health Services

 

requesting authorization for the Purchasing Agent to enter into a contract with Softmed Systems, Inc., Silver Springs, Maryland, for the provision of enhancement and support services of the medical record management system and physician credentialing verification system for Oak Forest Hospital of Cook County, Provident Hospital of Cook County and Stroger Hospital of Cook County.

 

Reason:

Softmed Systems, Inc. is the proprietor and sole provider of services for the medical record management system and physician credentialing verification system for the Bureau of Health Services.  This request is delayed due to vendor billing issues and resolutions. 

 

Estimated Fiscal Impact:  $263,326.71.  Contract period:  May 1, 2004 through April 30, 2005.  (897-441 Account).  Requisition No. 48970675.

 

The Chief Information Officer has reviewed this item and concurs with this recommendation.

 

*  *  *  *  *


CONTRACTS continued

ITEM #41

 

APPROVED

 

Transmitting a Communication, dated April 21, 2004 from

 

RUTH M. ROTHSTEIN, Chief, Bureau of Health Services

 

requesting authorization for the Purchasing Agent to enter into a contract with Soft Computer Consultants, Palm Harbor, Florida, for software maintenance, support, enhancements and hardware.  This laboratory system is currently being used at all of the Bureau of Health Services institutions, Ambulatory Community Health Network of Cook County, Cermak Health Services of Cook County, Oak Forest Hospital of Cook County, Provident Hospital of Cook County, and Stroger Hospital of Cook County.

 

Reason:

Soft Computer Consultants is the proprietor and sole provider of services for its laboratory system.  With the current system in place, it is important to be able to provide adequate computing resources.  The software maintenance, support, enhancements and hardware services will assist in support and adding new functionality to the current system.

 

Estimated Fiscal Impact:  $1,254,727.00.  Contract period:  July 1, 2004 through June 30, 2005.  (897-441 Account).  Requisition No. 48974012.

 

The Chief Information Officer has reviewed this item and concurs with this recommendation.

 

*  *  *  *  *

 

ITEM #42

 

APPROVED

 

Transmitting a Communication from

 

STEPHANIE WRIGHT-GRIGGS, Chief Operating Officer, Provident Hospital of Cook County

 

requesting authorization for the Purchasing Agent to enter into a contract with Med-Con, Inc., Antioch, Illinois, for maintenance and repair of the medical gas system.

 

Reason:

Med-Con, Inc. is the only known certified source of service of the existing medical gas system.  This system is used to deliver medical gases to patient treatment areas such as the main operating suites.

 

Estimated Fiscal Impact:  $28,400.00 ($14,200.00 per year).  Contract period:  September 1, 2004 through August 30, 2006.  (891-450 Account).  Requisition No. 48910478.

 

Purchasing Agent concurs.

 

*  *  *  *  *

 

ITEM #43

 

APPROVED

 

Transmitting a Communication from

 

STEPHANIE WRIGHT-GRIGGS, Chief Operating Officer, Provident Hospital of Cook County

 

requesting authorization for the Purchasing Agent to enter into a contract with Alcon Laboratories, Fort Worth, Texas, for customized ophthalmic surgical packs.

 

Reason:

The request is to provide customized ophthalmic surgical packs for use with the existing Alcon phacoemulsification system.  Alcon Laboratories is the manufacturer and only source of custom packs compatible with the existing equipment.

 

Estimated Fiscal Impact:  $35,000.00 ($17,500.00 per year). Contract period:  September 1, 2004 through August 30, 2006.  (891-362 Account).  Requisition No. 48910498.

 

Purchasing Agent concurs.

 

*  *  *  *  *


CONTRACTS continued

 

ITEM #44

 

APPROVED

 

Transmitting a Communication from

 

STEPHANIE WRIGHT-GRIGGS, Chief Operating Officer, Provident Hospital of Cook County

 

requesting authorization for the Purchasing Agent to enter into a contract with Automatic Building Controls, Inc., Park Ridge, Illinois, for maintenance and repair of the automatic building control system.

 

Reason:

Automatic Building Controls, Inc. is the manufacturer and only source of service of the existing automatic building control system.  This system controls the environmental system throughout the hospital.

 

Estimated Fiscal Impact:  $170,052.00 ($85,026.00 per year).  Contract period:  June 1, 2004 through May 31, 2006.  (891-450 Account).  Requisition No. 48910556.

 

Purchasing Agent concurs.

 

*  *  *  *  *

 

ITEM #45

 

APPROVED

 

Transmitting a Communication from

 

JOHNNY C. BROWN, Chief Operating Officer, Stroger Hospital of Cook County

 

requesting authorization for the Purchasing Agent to enter into a contract with Integra Neurosciences, Plainsboro, New Jersey, for the purchase of the Duragenâ collagen matrix onlay grafts for the Department of Surgery, Division of Perioperative Surgical Services.

 

Reason:

Integra Neurosciences is the only known manufacturer and distributor for Duragenâ, a sutureless collagen matrix onlay graft that prevents cerebrospinal fluid leakage and infections among patients undergoing craniotomies or spinal surgical procedures.

 

Estimated Fiscal Impact:  $200,000.00 ($100,000.00 per year).  Contract period:  October 1, 2004 through September 30, 2006.  (897-362 Account).  Requisition No. 48970644.

 

Purchasing Agent concurs.

 

*  *  *  *  *

 

ITEM #46

 

APPROVED

 

Transmitting a Communication from

 

JOHNNY C. BROWN, Chief Operating Officer, Stroger Hospital of Cook County

 

requesting authorization for the Purchasing Agent to enter into a contract with Thoratec Laboratories Corporation, Pleasanton, California, for the purchase of consumable supplies and for the rental of a ventricular assist device system for the Department of Surgery, Division of Perioperative Surgical Services.


CONTRACTS continued

 

ITEM #46 cont’d

 

Reason:

Thoratec Laboratories Corporation is the only known manufacturer and distributor of this FDA approved ventricular assist device system that includes a portable unit that maintains patient’s blood flow to vital organs after open heart surgery and when conventional therapy fails.

 

Estimated Fiscal Impact:  $800,000.00 ($400,000.00 per year).  Contract period:  September 1, 2004 through August 31, 2006.  (897-362 Account).  Requisition No. 48970646.

 

Purchasing Agent concurs.

 

*  *  *  *  *

 

ITEM #47

 

APPROVED

 

Transmitting a Communication from

 

JOHNNY C. BROWN, Chief Operating Officer, Stroger Hospital of Cook County

 

requesting authorization for the Purchasing Agent to enter into a contract with Advanced Medical Optics/AMO®, Santa Ana, California, for the purchase of cataract surgical supplies for sovereign phacoemulsification equipment owned by the hospital for the Department of Surgery, Division of Perioperative Surgical Services.

 

Reason:

Advanced Medical Optics/AMO® is the only known manufacturer and distributor of this cataract removal equipment which utilizes patented technologies that enable surgeons to reduce trauma to surrounding tissue resulting in post-operative clearer cornea and better visual acuity.

 

Estimated Fiscal Impact:  $350,000.00 ($175,000.00 per year).  Contract period:  September 1, 2004 through August 31, 2006.  (897-362 Account).  Requisition No. 48970645.

 

Purchasing Agent concurs.

 

CONTRACT ADDENDA

 

ITEM #48

 

APPROVED

 

Transmitting a Communication from

 

MICHAEL F. SHEAHAN, Sheriff of Cook County

by

CALLIE BAIRD, Executive Director, Department of Corrections

 

requesting authorization for the Purchasing Agent to increase by $134,685.00, Contract No. 00-43-397 with Aramark Correctional Services, Inc., Oak Brook, Illinois, for food service.

 

Board approved amount 08-09-00:

$39,111,874.56

Previous increase approved 12-04-01:

291,489.00

Previous increase approved 11-04-03:

134,685.00

This increase requested:

     134,685.00

Adjusted amount:

$ 39,672,733.56

 

Reason:

This request is to increase the per meal price from $0.77 per meal to $0.78 per meal, based on 36,900 meals per day.  The $0.01 per meal price increase is requested in accordance with food service, Section SP-10, Annual Price Adjustment, as based on the Consumer Price Index, August 2003, food away from home for all urban consumers for the United States city average.

 

Estimated Fiscal Impact:  $134,685.00.  (239-223 Account).

 

*  *  *  *  *


CONTRACT ADDENDA continued

 

ITEM #49

 

APPROVED

 

Transmitting a Communication from

 

MICHAEL F. SHEAHAN, Sheriff of Cook County

by

CALLIE L. BAIRD, Executive Director, Department of Corrections

 

requesting authorization for the Purchasing Agent to increase by $105,000.00 and extend for three (3) months, Contract No. 00-51-407 with National Waste Services, Inc., Chicago, Illinois, for scavenger services.

 

Board approved amount 05-16-00:

$2,966,490.00

Increase requested:

    105,000.00

Adjusted amount:

$3,071,490.00

 

Reason:

To allow sufficient time for the bidding, evaluation, award and implementation of a new contract.  The expiration date of this contract is June 30, 2004.

 

Estimated Fiscal Impact:  $105,000.00.  Contract extension:  July 1, 2004 through September 30, 2004.  (239-215 Account).

 

*  *  *  *  *

 

ITEM #50

 

APPROVED

 

Transmitting a Communication from

 

RUTH M. ROTHSTEIN, Chief, Bureau of Health Services

 

requesting authorization for the Purchasing Agent to increase/decrease the following contracts for the provision of commercial nursing registry services for the fiscal year 2004.  The increases/decreases are indicated by the underscored language:

 

 

 

 

 

 

Vendor

 

 

 

Stroger

Hospital

(897)

 

 

 

Provident

Hospital

(891)

 

 

Oak Forest

Hospital

(898)

Ambulatory

and

Community Health Network

(893)

 

 

Cermak

Health

Services

(240)

 

 

Dept. of Public Health

(895)

 

Med-Call Health Care, Inc.

Chicago, Illinois

Contract No. 04-41-57

 

-0-

 

-0-

 

-0-

 

-0-

 

$200,000.00

 

-0-

 

 

 

 

 

 

 

Professional Nursing, Inc.

Chicago, Illinois

Contract No. 04-41-66

$400,000.00

$379,000.00

-0-

-0-

$350,000.00

-0-

-0-

 

 

 

 

 

 

 

Gareda Diversified

Business Services, Inc.

Calumet City, Illinois

Contract No. 04-41-69

$1,400,000.00

$600,000.00

$150,000.00

$900,000.00

$200,000.00

$550,000.00

$400,000.00

$50,000.00

 

 

 

 

 

 

 

LMR Nursing Services, Inc.

Naperville, Illinois

Contract No. 04-41-58

$700,000.00

$230,000.00

-0-

-0-

-0-

-0-

-0-


CONTRACT ADDENDA continued

ITEM #50 cont’d

 

 

 

 

 

 

 

Vendor

 

 

 

Stroger

Hospital

(897)

 

 

 

Provident

Hospital

(891)

 

 

Oak Forest

Hospital

(898)

Ambulatory

and

Community Health Network

(893)

 

 

Cermak

Health

Services

(240)

 

 

Dept. of Public Health

(895)

 

 

 

 

 

 

 

 

 

 

 

Nursefinders of

Oak Lawn, Inc.

Oak Lawn, Illinois

Contract No. 04-41-102

-0-

-0-

$175,000.00

-0-

-0-

-0-

 

 

 

 

 

 

 

 

 

 

 

Pro-Med Staffing, Inc.

Frankfort, Illinois

Contract No. 04-41-54

-0-

-0-

$160,000.00

-0-

-0-

-0-

 

 

 

 

 

 

 

 

 

 

 

Nurse Finders of Chicago

Chicago, Illinois

Contract No. 04-41-60

$300,000.00

($230,000.00)

$200,000.00

($100,000.00)

-0-

-0-

-0-

-0-

 

 

 

 

 

 

 

 

 

 

 

Advanced Care, Inc.

Chicago, Illinois

Contract No. 04-41-52

-0-

-0-

-0-

$450,000.00

-0-

-0-

 

 

 

 

 

 

 

 

 

 

 

Intelistaf, Inc. a/k/a/

Gentiva Staffing

Oak Brook, Illinois

Contract No. 04-41-61

$300,000.00

($299,000.00)

-0-

$160,000.00

-0-

-0-

-0-

 

 

 

 

 

 

 

 

 

 

 

Pro Care Medical

Staffing, LLC

Kankakee, Illinois

Contract No. 04-41-56

-0-

-0-

$160,000.00

$  75,000.00

-0-

-0-

-0-

 

 

 

 

 

 

 

 

 

 

 

Health Facility

Staffing Services, Inc.

Evergreen, Illinois

Contract No. 04-41-51

 

-0-

-0-

$160,000.00

-0-

-0-

-0-

 

 

Maxim Health Care Services, Inc.

Oak Park, Illinois

Contract No. 04-41-68

 

$400,000.00

($180,000.00)

-0-

-0-

$350,000.00

$100,000.00

-0-

 

Medical Staffing Network

Lombard, Illinois

Contract No. 04-41-67

$400,000.00

$100,000.00

($50,000.00)

-0-

-0-

-0-

-0-

 

 

 

 

 

 

 

The Nurse Agency, Inc.

Chicago, Illinois

Contract No. 04-41-55

$400,000.00

$100,000.00

-0-

-0-

-0-

-0-

-0-

 

 

 

 

 

 

 

Proficient Reliable

Nurses, Inc.

Country Club Hills, Illinois

Contract No. 40-41-50

-0-

-0-

$160,000.00

($155,000.00)

-0-

-0-

-0-

 

 

 

 

 

 

 

Midwest Medical Staffing

Oak Park, Illinois

Contract No. 04-41-62

$400,000.00

$100,000.00

$100,000.00

-0-

-0-

-0-

-0-

 

 

 

 

 

 

 

Advanced Medical Resources

Chicago, Illinois

Contract No. 04-41-59

$300,000.00

($100,000.00)

-0-

-0-

-0-

-0-

-0-

 

Ace Health Services, LLC

Chicago, Illinois

Contract No. 04-41-47

 

-0-

 

-0-

 

$125,000.00

($120,000.00)

 

-0-

 

-0-

 

-0-


CONTRACT ADDENDA continued

 

ITEM #50 cont’d

 

 

 

 

 

 

Vendor

 

 

 

Stroger

Hospital

(897)

 

 

 

Provident

Hospital

(891)

 

 

Oak Forest

Hospital

(898)

Ambulatory

and

Community Health Network

(893)

 

 

Cermak

Health

Services

(240)

 

 

Dept. of Public Health

(895)

 

Advanced Comprehensive Services

Chicago, Illinois

Contract No. 04-42-53

 

-0-

 

-0-

 

-0-

 

-0-

 

-0-

 

$50,000.00

 

___________

   ___________

 ____________

 ___________

 __________

__________

Total:   $8,800.00.00

$5,000,000.00

$1,000,000.00

$2,000,000.00

$1,700,000.00

$700,000.00

$100,000.00

 

Reason:

The changes are necessary to continue to provide professional nursing services to Stroger Hospital of Cook County, Provident Hospital of Cook County and Oak Forest Hospital of Cook County for the Bureau of Health Services.

 

Estimated Fiscal Impact:  $1,700,000.00.

 

*  *  *  *  *

 

ITEM #51

 

APPROVED

 

Transmitting a Communication from

 

RUTH M. ROTHSTEIN, Chief, Bureau of Health Services

 

requesting authorization for the Purchasing Agent to increase by $120,000.00 and extend for three (3) months, Contract No. 00-72-1031 with Dik Drug Company, Burr Ridge, Illinois, for the purchase of reagents and supplies for vendor provided immunoassay analyzers for determination of chlamydia and gonorrhea.

 

Board approved amount 03-20-01:

$4,448,719.50

Increase requested:

    120,000.00

Adjusted amount:

$4,568,719.50

 

Reason:

To allow sufficient time for the bidding, evaluation, award and implementation of the new contract for which the bids are scheduled to be opened on June 17, 2004.  The expiration date of this contract is June 30, 2004.

 

Estimated Fiscal Impact:  $120,000.00.  Contract extension:  July 1, 2004 through September 30, 2004.  (897-365 Account).

 

*  *  *  *  *

 

ITEM #52

 

APPROVED

 

Transmitting a Communication from

 

JOHNNY C. BROWN, Chief Operating Officer, Stroger Hospital of Cook County

 

requesting authorization for the Purchasing Agent to increase by $58,125.00 and extend for three (3) months, Contract No. 02-75-265 Rebid with Progressive Industries, Inc., Chicago, Illinois, for the extracorporeal shock wave lithotripsy services for the Department of Surgery, Division of Urology.


CONTRACT ADDENDA continued

 

ITEM #52 cont’d

 

Board approved amount 07-09-02:

$ 465,000.00

Increase requested:

    58,125.00

Adjusted amount:

$ 523,125.00

 

Reason:

To allow sufficient time for the bidding, evaluation, award and implementation of the new contract for which the bids are scheduled to be opened on July 22, 2004.  The expiration date of this contract is July 8, 2004.

 

Estimated Fiscal Impact:  $58,125.00.  Contract extension:  July 9, 2004 through October 8, 2004.  (897-278 Account).

 

CONTRACT RENEWALS

 

ITEM #53

 

APPROVED

 

Transmitting a Communication from

 

CATHERINE MARAS O’LEARY, Chief Information Officer,

                                                      Bureau of Information Technology & Automation

 

requesting authorization for the Purchasing Agent to renew Contract No. 02-43-195 with ASAP Software, Buffalo Grove, Illinois, for the countywide Microsoft software and software support services agreement.

 

Reason:

The request includes the purchase of Microsoft, Novell, Corel, Symantec and certain Computer Associates software products.  By purchasing these software products from ASAP Software through its state and federal contracts, the County will receive the highest possible discounts available.  In addition, ASAP Software provides value added services that assist the County in managing its software assets to assure compliance with licensing requirements and in responding to audit.

 

Estimated Fiscal Impact:  $1,292,691.41.  One time purchase.  (717/various-579 Accounts).  Requisition No. 40090011.

 

Sufficient funds have been appropriated to cover this request.

 

*  *  *  *  *

 

ITEM #54

 

APPROVED

 

Transmitting a Communication, dated May 20, 2004 from

 

RUTH M. ROTHSTEIN, Chief, Bureau of Health Services

 

requesting authorization for the Purchasing Agent to renew Contract No. 02-43-1047 with the Ounce of Prevention and the Hektoen Institute for Medical Research, LLC, for the operation of the Hayes Family Health Center located in the Charlie Hayes Investment Center, Chicago, Illinois.

 

Reason:

This family health center is a collaboration among the Cook County Bureau of Health Services, the Ounce of Prevention, and the Chicago Housing Authority.

 

Estimated Fiscal Impact:  $40,342.00.  Revenue generating estimate:  $121,716.00.  Contract period:  July 1, 2004 through June 30, 2005.  (893-260 Account).  Requisition No. 48932589.

 

*  *  *  *  *

 


CONTRACT RENEWALS continued

ITEM #55

 

APPROVED

 

Transmitting a Communication, dated May 20, 2004 from

 

RUTH M. ROTHSTEIN, Chief, Bureau of Health Services

 

requesting authorization for the Purchasing Agent to renew Contract No. 02-43-1283 with the Hektoen Institute for Medical Research, LLC, for the operation of the Bogan/DuSable Health Center located at DuSable High School, Chicago, Illinois, and the Dawson/Ford Health Center located at Beethoven Elementary School, Chicago, Illinois, to provide health and mental health services for an underserved population of school age children and adolescents.

 

Reason:

These school based health centers are a collaboration among the Illinois Department of Human Services (IDHS), the Cook County Bureau of Health Services, and the Chicago Public Schools.

 

Estimated Fiscal Impact:  $164,299.00.  Revenue generating estimate:  $178,311.00.  Contract period:  July 1, 2004 through June 30, 2005.  (893-260 Account).  Requisition No. 48932590.

 

*  *  *  *  *

 

ITEM #56

 

APPROVED

 

Transmitting a Communication from

 

RUTH M. ROTHSTEIN, Chief, Bureau of Health Services

 

requesting authorization for the Purchasing Agent to renew Contract No. 04-41-316 with Dr. John Raba, Oak Park, Illinois, to serve as the Chief Operating Officer at Cermak Health Services of Cook County.

 

Reason:

Dr. Raba formally worked as the Medical Director of Cermak Health Services of Cook County for over twelve years and is presently working as Chief Operating Officer of Cermak Hospital.

 

Estimated Fiscal Impact:  $180,000.00.  Contract period:  October 1, 2004 through September 30, 2005.  (240-260 Account).  Requisition No. 42400229.

 

CONTRACT AMENDMENT

 

ITEM #57

 

APPROVED

 

Transmitting a Communication from

 

RUTH M. ROTHSTEIN, Chief, Bureau of Health Services

 

requesting authorization for the Purchasing Agent to amend two previously approved contracts with Abbott Laboratories, Diagnostics Division, Abbott Park, Illinois, for Provident Hospital of Cook County and Stroger Hospital of Cook County to change the name of the vendor to Hospira Worldwide, Inc., Lake Forest, Illinois.


CONTRACT AMENDMENT continued

 

ITEM #57 cont’d

 

CONTRACT

DESCRIPTION

BOARD APPROVED

 

03-45-784

Pre-filled syringes and administration sets for their patient controlled analgesic and epidural pumps

 

June 3, 2003

02-15-080H

Disposable pressure transducers

July 9, 2002

 

The original approved vendor, Abbott Laboratories, Diagnostics Division, recently spun off these products to Hospira Worldwide, Inc., Lake Forest, Illinois.

 

CAPITAL PROGRAM ITEMS

 

ITEM #58

 

REFERRED TO THE COMMITTEE ON CONSTRUCTION #266167

 

Transmitting a Communication, dated May 27, 2004 from

 

MICHAEL E. LAMONT, Director, Office of Capital Planning and Policy

 

Transmitted herewith for your approval is a request for a construction Change Order No. 2, payable to L. Marshall Roofing, Inc., for the Countywide Roof Renovation Project, Phase III.  The change order is for work necessary to complete this project.  It is respectfully requested that this Honorable Body approve this request.

 

This work is intended to repair the sealant joints of the large skylight window over the main lobby of Bridgeview Courthouse.  Also included in this request is a time extension of sixty (60) days to make up for bad weather days and to repair the Court Building Lobby Skylight Window.

 

Contract No. 03-53-846

 

Original Contract Sum                                                                        $1,086,882.00

Total Changes to-date                                                                                      0.00

Adjusted Contract to-date                                                                   $1,086,882.00

Change Order Amount                                                                             15,460.00

Adjusted Contract Sum                                                                      $1,102,342.00

 

Estimated Fiscal Impact:  $15,460.00.  Bond Issue  (20000 Account).

 

Sufficient funds have been appropriated to cover this request.

 

*  *  *  *  *

 

ITEM #59

 

REFERRED TO THE COMMITTEE ON CONSTRUCTION #266168

 

Transmitting a Communication, dated May 27, 2004 from

 

MICHAEL E. LAMONT, Director, Office of Capital Planning and Policy

 

Transmitted herewith for your approval is Change Order No. 1, payable to Sollitt/Oakley, JV, for the New Domestic Violence Court Project.  This change order is for work necessary to complete the project.  It is respectfully requested that this Honorable Body approve this request.

 

This change order includes modifications to the contract documents required by the City of Chicago during their permit review.  In addition, some unforeseen conditions were discovered such as two underground fuel storage tanks, additional concrete below the basement floor slab, and several structural revisions.

 

All of the funds requested at this time will be allocated from the contingency line item in the budget.


CAPITAL PROGRAM ITEMS continued

 

ITEM #59 cont’d

 

Contract No. 03-53-838

 

Original Contract Sum                                                                      $34,844,950.00

Total Changes to-date                                                                                      0.00

Adjusted Contract to-date                                                                 $34,844,950.00

Amount of this Modification                                                                    835,000.00

Adjusted Contract Sum                                                                     $35,679,950.00

 

Estimated Fiscal Impact:  $835,000.00.  Bond Issue (37000 Account).

 

Sufficient funds have been appropriated to cover this request.

 

REPORT

 

ITEM #60

 

REFERRED TO THE AUDIT COMMITTEE #266169

 

Transmitting a Communication, dated May 27, 2004 from

 

DOROTHY BROWN, Clerk of the Circuit Court

 

submitting herewith a copy of the financial report of the Fiscal Year 2003 Independent Audit Report and Memorandum on Internal Controls for the Office of the Clerk of the Circuit Court.  Please accept these reports and refer them to the Cook County Audit Committee for the appropriate review.

 

BID OPENING - COMMISSIONER MURPHY

 

ITEM #61

 

REFERRED TO RESPECTIVE DEPARTMENTS FOR REVIEW AND CONSIDERATION

 

Submitting for your consideration, bids which were opened under her supervision on Tuesday, June 8, 2004 at 10:00 A.M., in the County Building, Chicago, Illinois.

 

COUNTY PURCHASING AGENT

 

ITEM #62

 

APPROVED

 

COMMISSIONER HANSEN VOTED “NO” ON CONTRACT NO. 04-72-519 WITH AMERICAN MEDICAL STAFFING; CONTRACT NO. 04-85-335 WITH HOWARD MEDICAL COMPANY; CONTRACT NO. 04-72-519 WITH MEDICAL APPLICATIONS SPECIALISTS, INC.; CONTRACT NO. 04-55-476 WITH MCCANN INDUSTRIES, INC.; and CONTRACT NO. 04-72-519 WITH STW, INC.

 

Transmitting contracts and bonds executed by the contractors for approval and execution as requested by the Purchasing Agent.

 

HIGHWAY DEPARTMENT MATTERS

PERMISSION TO ADVERTISE

 

ITEM #63

 

APPROVED

 

Transmitting a Communication, dated May 26, 2004 from

 

WALLY S. KOS, P.E., Superintendent of Highways


HIGHWAY DEPARTMENT MATTERS continued

PERMISSION TO ADVERTISE continued

 

ITEM #63 cont’d

 

Re:       Permission to Advertise

            District #1 - Village of Schaumburg

District #2 - City of Des Plaines

District #3 - Village of LaGrange Park

District #4 - Village of Orland Park

District #5 - City of Blue Island

 

The following maintenance item is presented to your Honorable Body for adoption and authorization to advertise for bids after all appropriate approvals of the specifications, proposals and the estimates have been obtained for receipt of Contractor’s bids:

 

LOCATION

TYPE

SECTION NUMBER

 

 

 

Roadway Salt

Purchase - 2004

Annual contract

04-8SALT-25-GM

 

I respectfully request that your Honorable Body concur in this recommendation (600-600 Account).

 

ORDINANCES

 

ITEM #64

 

APPROVED

 

Transmitting a Communication, dated May 10, 2004 from

 

WALLY S. KOS, P.E., Superintendent of Highways

 

Re:       Speed Limit Zoning Ordinance

            Nerge Road,

            Roslyn Road to Rohlwing Road

            in the Villages of Elk Grove and Roselle

 

I respectfully submit to your Honorable Body and recommend for adoption, an ordinance revising the speed limit along Nerge Road, Roslyn Road to Rohlwing Road, which is under the maintenance jurisdiction of Cook County.  The recommended speed limit was determined by engineering and traffic investigation in accordance with the provisions of Article VI of the Illinois Vehicle Code and as more fully explained in the following ordinance.

 

It is respectfully requested that should your Honorable Body concur in these recommendations, the ordinance be adopted.

 

ORDINANCE

 

IT IS HEREBY DECLARED, by the Board of Commissioners of Cook County, Illinois, that the basic statutory vehicular speed limits established by Section 11-601 of the Illinois Vehicle Code are greater, or less, than that considered reasonable and proper on the road listed below for which the county has maintenance responsibility and which is not under the jurisdiction of the Department of Transportation, State of Illinois; and

 

BE IT FURTHER DECLARED, that this Board has caused to be made an engineering and traffic investigation upon the road listed below; and

 

BE IT FURTHER DECLARED, that by virtue of Section 11-604 of the above Code, this Board determines and declares that reasonable and proper absolute maximum speed limits upon the road described below shall be as stated herein; and

 

BE IT FURTHER DECLARED, that signs giving notice thereof shall be erected in conformance with the standards and specifications contained in the Manual on Uniform Traffic Control Devices, the Illinois Supplement to the National Manual on Uniform Traffic Control Devices, and the Standard Specifications for Traffic Control Items; and


HIGHWAY DEPARTMENT MATTERS continued

ORDINANCES continued

 

ITEM #64 cont’d

 

BE IT FURTHER DECLARED, that this Ordinance shall take effect immediately after the erection of said signs giving notice of the maximum speed limits.

 

COOK COUNTY HIGHWAY DEPARTMENT

PROPOSED SPEED LIMIT ZONES ON ROADWAYS UNDER

COOK COUNTY MAINTENANCE JURISDICTION

 

 

 

 

EXISTING

PROPOSED

 

 

 

SPEED

SPEED

ROADWAY

SECTION

MILEAGE

LIMIT

LIMIT

 

Nerge Road

 

Roslyn Road to Rohlwing Road

 

2.3

 

45 M.P.H.

 

40 M.P.H.

 

*  *  *  *  *

 

ITEM #65

 

APPROVED

 

Transmitting a Communication, dated May 10, 2004 from

 

WALLY S. KOS, P.E., Superintendent of Highways

 

Re:       Speed Limit Zoning Ordinance

            Lake Avenue,

            Skokie Boulevard to Ridge Road

            in the Village of Wilmette

 

I respectfully submit to your Honorable Body and recommend for adoption, an ordinance revising the speed limit along Lake Avenue, Skokie Boulevard to Ridge Road, which is under the jurisdiction of Cook County.  The recommended speed limit was determined by engineering and traffic investigation in accordance with the provisions of Article VI of the Illinois Vehicle Code and as more fully explained in the following ordinance.

 

It is respectfully requested that should your Honorable Body concur in these recommendations, the ordinance be adopted.

 

ORDINANCE

 

IT IS HEREBY DECLARED by the Board of Commissioners of Cook County, Illinois, that the basic statutory vehicular speed limits established by Section 11-601 of the Illinois Vehicle Code are greater, or less, than that considered reasonable and proper on the County road listed below and which is not under the jurisdiction of the Department of Transportation, State of Illinois; and

 

BE IT FURTHER DECLARED that this Board has caused to be made an engineering and traffic investigation upon the road listed below; and

 

BE IT FURTHER DECLARED that by virtue of Section 11-604 of the above Code, this Board determines and declares that reasonable and proper absolute maximum speed limits upon the road described below shall be as stated herein; and

 

BE IT FURTHER DECLARED that signs giving notice thereof shall be erected in conformance with the standards and specifications contained in the Manual on Uniform Traffic Control Devices, the Illinois Supplement to the National Manual on Uniform Traffic Control Devices, and the Standard Specifications for Traffic Control Items; and

 

BE IT FURTHER DECLARED that this Ordinance shall take effect immediately after the erection of said signs giving notice of the maximum speed limits.


HIGHWAY DEPARTMENT MATTERS continued

ORDINANCES continued

 

ITEM #65 cont’d

 

COOK COUNTY HIGHWAY DEPARTMENT

PROPOSED SPEED LIMIT ZONES ON ROADWAYS UNDER

COOK COUNTY MAINTENANCE JURISDICTION

 

 

 

 

EXISTING

PROPOSED

 

 

 

SPEED

SPEED

ROADWAY

SECTION

MILEAGE

LIMIT

LIMIT

 

Lake Avenue

 

Skokie Boulevard to Ridge Road

 

1.6

 

35 M.P.H.

 

30 M.P.H.

 

*  *  *  *  *

 

ITEM #66

 

APPROVED

 

Transmitting a Communication, dated May 10, 2004 from

 

WALLY S. KOS, P.E., Superintendent of Highways

 

Re:       Speed Limit Zoning Ordinance

            Schaumburg Road,

            Roselle Road to Summit Drive

            in the Village of Schaumburg

 

I respectfully submit to your Honorable Body and recommend for adoption, an ordinance revising the speed limit along Schaumburg Road, Roselle Road to Summit Drive, which is under the maintenance jurisdiction of Cook County.  The recommended speed limit was determined by engineering and traffic investigation in accordance with the provisions of Article VI of the Illinois Vehicle Code and as more fully explained in the following ordinance.

 

It is respectfully requested that should your Honorable Body concur in these recommendations, the ordinance be adopted.

 

ORDINANCE

 

IT IS HEREBY DECLARED by the Board of Commissioners of Cook County, Illinois, that the basic statutory vehicular speed limits established by Section 11-601 of the Illinois Vehicle Code are greater, or less, than that considered reasonable and proper on the road listed below for which the County has maintenance responsibility and which is not under the jurisdiction of the Department of Transportation, State of Illinois; and

 

BE IT FURTHER DECLARED that this Board has caused to be made an engineering and traffic investigation upon the road listed below; and

 

BE IT FURTHER DECLARED that by virtue of Section 11-604 of the above Code, this Board determines and declares that reasonable and proper absolute maximum speed limits upon the road described below shall be as stated herein; and

 

BE IT FURTHER DECLARED that signs giving notice thereof shall be erected in conformance with the standards and specifications contained in the Manual on Uniform Traffic Control Devices, the Illinois Supplement to the National Manual on Uniform Traffic Control Devices, and the Standard Specifications for Traffic Control Items; and

 

BE IT FURTHER DECLARED that this Ordinance shall take effect immediately after the erection of said signs giving notice of the maximum speed limits.


HIGHWAY DEPARTMENT MATTERS continued

ORDINANCES continued

 

ITEM #66 cont’d

 

COOK COUNTY HIGHWAY DEPARTMENT

PROPOSED SPEED LIMIT ZONES ON ROADWAYS UNDER

COOK COUNTY MAINTENANCE JURISDICTION

 

 

 

 

EXISTING

PROPOSED

 

 

 

SPEED

SPEED

ROADWAY

SECTION

MILEAGE

LIMIT

LIMIT

 

Schaumburg Road

 

Roselle Road to Summit Drive

 

0.5

 

45 M.P.H.

 

40 M.P.H.

 

*  *  *  *  *

 

ITEM #67

 

APPROVED

 

Transmitting a Communication, dated May 10, 2004 from

 

WALLY S. KOS, P.E., Superintendent of Highways

 

Re:       Speed Limit Zoning Ordinance

            Bartlett Road,

            Bode Road to Shoe Factory Road

            in the Village of Hoffman Estates

 

I respectfully submit to your Honorable Body and recommend for adoption, an ordinance revising the speed limit along Bartlett Road, Bode Road to Shoe Factory Road, which is under the maintenance jurisdiction of Cook County.  The recommended speed limit was determined by engineering and traffic investigation in accordance with the provisions of Article VI of the Illinois Vehicle Code and as more fully explained in the following ordinance.

 

It is respectfully requested that should your Honorable Body concur in these recommendations, the ordinance be adopted.

 

ORDINANCE

 

IT IS HEREBY DECLARED by the Board of Commissioners of Cook County, Illinois, that the basic statutory vehicular speed limits established by Section 11-601 of the Illinois Vehicle Code are greater, or less, than that considered reasonable and proper on the road listed below for which the County has maintenance responsibility and which is not under the jurisdiction of the Department of Transportation, State of Illinois; and

 

BE IT FURTHER DECLARED that this Board has caused to be made an engineering and traffic investigation upon the road listed below; and

 

BE IT FURTHER DECLARED that by virtue of Section 11-604 of the above Code, this Board determines and declares that reasonable and proper absolute maximum speed limits upon the road described below shall be as stated herein; and

 

BE IT FURTHER DECLARED that signs giving notice thereof shall be erected in conformance with the standards and specifications contained in the Manual on Uniform Traffic Control Devices, the Illinois Supplement to the National Manual on Uniform Traffic Control Devices, and the Standard Specifications for Traffic Control Items; and

 

BE IT FURTHER DECLARED that this Ordinance shall take effect immediately after the erection of said signs giving notice of the maximum speed limits.


HIGHWAY DEPARTMENT MATTERS continued

ORDINANCES continued

 

ITEM #67 cont’d

 

COOK COUNTY HIGHWAY DEPARTMENT

PROPOSED SPEED LIMIT ZONES ON ROADWAYS UNDER

COOK COUNTY MAINTENANCE JURISDICTION

 

 

 

 

EXISTING

PROPOSED

 

 

 

SPEED

SPEED

ROADWAY

SECTION

MILEAGE

LIMIT

LIMIT

 

Bartlett Road

 

Bode Road to Shoe Factory Road

 

1.5

 

50 M.P.H.

 

45 M.P.H.

 

*  *  *  *  *

 

ITEM #68

 

APPROVED

 

Transmitting a Communication, dated May 10, 2004 from

 

WALLY S. KOS, P.E., Superintendent of Highways

 

Re:       Speed Limit Zoning Ordinance

            Nerge Road,

            Roselle Road to Roslyn Road

            in unincorporated Schaumburg Township

 

I respectfully submit to your Honorable Body and recommend for adoption, an ordinance revising the speed limit along Nerge Road, Roselle Road to Roslyn Road, which is under the maintenance jurisdiction of Cook County.  The recommended speed limit was determined by engineering and traffic investigation in accordance with the provisions of Article VI of the Illinois Vehicle Code and as more fully explained in the following ordinance.

 

It is respectfully requested that should your Honorable Body concur in these recommendations, the ordinance be adopted.

 

ORDINANCE

 

IT IS HEREBY DECLARED by the Board of Commissioners of Cook County, Illinois, that the basic statutory vehicular speed limits established by Section 11-601 of the Illinois Vehicle Code are greater, or less, than that considered reasonable and proper on the road listed below for which the County has maintenance responsibility and which is not under the jurisdiction of the Department of Transportation, State of Illinois; and

 

BE IT FURTHER DECLARED that this Board has caused to be made an engineering and traffic investigation upon the road listed below; and

 

BE IT FURTHER DECLARED that by virtue of Section 11-604 of the above Code, this Board determines and declares that reasonable and proper absolute maximum speed limits upon the road described below shall be as stated herein; and

 

BE IT FURTHER DECLARED that signs giving notice thereof shall be erected in conformance with the standards and specifications contained in the Manual on Uniform Traffic Control Devices, the Illinois Supplement to the National Manual on Uniform Traffic Control Devices, and the Standard Specifications for Traffic Control Items; and

 

BE IT FURTHER DECLARED that this Ordinance shall take effect immediately after the erection of said signs giving notice of the maximum speed limits.


HIGHWAY DEPARTMENT MATTERS continued

ORDINANCES continued

 

ITEM #68 cont’d

 

COOK COUNTY HIGHWAY DEPARTMENT

PROPOSED SPEED LIMIT ZONES ON ROADWAYS UNDER

COOK COUNTY MAINTENANCE JURISDICTION

 

 

 

 

EXISTING

PROPOSED

 

 

 

SPEED

SPEED

ROADWAY

SECTION

MILEAGE

LIMIT

LIMIT

 

Nerge Road

 

Roselle Road to Roslyn Road

 

0.25

 

45 M.P.H.

 

35 M.P.H.

 

 

APPROPRIATING RESOLUTIONS

 

ITEM #69

 

APPROVED

 

Submitting for your approval TWO (2) APPROPRIATING RESOLUTIONS:

 

1.

Motor Fuel Tax Project

Appropriating Resolution

Surveys

Various locations throughout Cook County

Section:  04-6SURV-08-ES

Fiscal Impact:  $250,000.00 from the Motor Fuel Tax Fund (600-600 Account)

 

2.

Motor Fuel Tax Project

Appropriating Resolution

Construction engineering services

Various locations in the City of Chicago

Section:  04-8CECC-07-EG

Fiscal Impact:  $250,000.00 from the Motor Fuel Tax Fund (600-600 Account)

 

 

 

IMPROVEMENT RESOLUTION

 

ITEM #70

 

APPROVED

 

Submitting for your approval ONE (1) IMPROVEMENT/RESOLUTION:

 

1.

Motor Fuel Tax Project

Improvement Resolution

Milling and resurfacing of the existing pavement, etc.

Mount Prospect Road,

North Avenue (IL 64) to Grand Avenue

in the Cities of Elmhurst and Northlake

Section:  04-W7331-02-RS

Fiscal Impact:  $1,365,000.00 from Motor Fuel Tax Fund (600-600 Account)

 

 


HIGHWAY DEPARTMENT MATTERS continued

MAINTENANCE RESOLUTION

 

ITEM #71

 

APPROVED

 

Submitting for your approval ONE (1) MAINTENANCE/RESOLUTION:

 

1.

Motor Fuel Tax Project

Maintenance Resolution

Purchase of roadway salt

District #1 - Village of Schaumburg

District #2 - City of Des Plaines

District #3 - Village of LaGrange Park

District #4 - Village of Orland Park

District #5 - City of Blue Island

Section:  04-8SALT-25-GM

Fiscal Impact:  $1,750,000.00 from the Motor Fuel Tax Fund (600-600 Account)

 

 

RESOLUTION TO VACATE

 

ITEM #72

 

APPROVED

 

Submitting for your approval ONE (1) VACATE RESOLUTION FOR UNIMPROVED PRATT AVENUE

 

1.

Vacate Resolution

Pratt Avenue,

McCormick Boulevard to Kedzie Avenue

in the Village of Lincolnwood

Fiscal Impact:  None

 

 

SUPPLEMENTAL IMPROVEMENT RESOLUTIONS

 

ITEM #73

 

APPROVED

 

Submitting for your approval THREE (3) SUPPLEMENTAL IMPROVEMENT RESOLUTIONS:

 

1.

Motor Fuel Tax Project

Supplemental Improvement Resolution

Replacement of the existing culvert, etc.

Ela Road at Salt Creek (North of Freeman Road)

in the Village of Inverness

Section:  93-V5744-02-DR

Fiscal Impact:  $437,000.00 from the Motor Fuel Tax Fund (600-600 Account)

 

Board approved amount 12-21-92:                                       $    600,000.00

This increase requested:                                                           437,000.00

Adjusted amount:                                                                 $ 1,037,000.00

 

 

On December 21, 1992, your Honorable Body approved an Improvement Resolution appropriating $600,000.00 towards completion of this project.  Additional funding is required as the result of increased construction costs and right-of-way acquisition not anticipated in the original construction estimate.

 


HIGHWAY DEPARTMENT MATTERS continued

SUPPLEMENTAL IMPROVEMENT RESOLUTIONS continued

 

ITEM #73 cont’d

 

2.

Motor Fuel Tax Project

Supplemental Improvement Resolution

Reconstruction of the existing bituminous pavement, etc.

Sauk Trail,

Central Park Avenue to Western Avenue

in the Village of Park Forest

Section:  01-C1130-04-FP

Fiscal Impact:  $4,700,000.00 from the Motor Fuel Tax Fund (600-600 Account)

 

Board approved amount 06-05-01:                                       $ 4,600,000.00

This increase requested:                                                        4,700,000.00

Adjusted amount:                                                                $ 9,300,000.00

 

 

On June 5, 2001, your Honorable Body approved an Improvement Resolution appropriating $4,600,000.00 towards completion of this project.  Additional funding is required as the result of additional improvements beyond the scope originally proposed, additional engineering and increased construction costs not anticipated in the original construction estimate.

 

3.

Motor Fuel Tax Project

Supplemental Improvement Resolution

Maintenance Facility Building District #1

Right turn lane and driveway construction, etc.

in the Village of Schaumburg

Section:  00-7PAVE-06-MG

Fiscal Impact:  $1,000,000.00 from the Motor Fuel Tax Fund (600-600 Account)

 

Board approved amount 05-02-00:                                       $    250,000.00

This increase requested:                                                        1,000,000.00

Adjusted amount:                                                                $ 1,250,000.00

 

 

On May 2, 2000, your Honorable Body approved an Improvement Resolution appropriating $250,000.00 towards the completion of this project.  Additional funding is required as the result of additional improvements beyond the scope originally proposed and additional engineering costs.

 

 

CHANGE IN PLANS AND EXTRA WORK

 

ITEM #74

 

REFERRED TO THE COMMITTEE ON ROADS AND BRIDGES

 

Submitting seven (7) change in plans and extra work:

 

1.         Section:  98-W4502-02-FP.  Main Street (Central Park Avenue), Sauk Trail to 216th Street in the Villages of Matteson, Park Forest and Richton Park.  Adjustment of quantities and new items.  $68,894.67 (Addition).

 

#266170


HIGHWAY DEPARTMENT MATTERS continued

CHANGE IN PLANS AND EXTRA WORK continued

 

ITEM #74 cont’d

 

2.         Section:  02-A5506-02-RS.  Group 1-2003:  Bradwell Road and Brinker Road in the Villages of Barrington Hills, Hoffman Estates, Inverness and unincorporated Barrington Township.  Final adjustment of quantities.  $155.09 (Deduction).

 

#266171

 

3.         Section:  98-B1117-04-RS.  Devon Avenue, Busse Road to Elmhurst Road in the Village of Elk Grove.  Adjustment of quantities and new items.  $252,153.75 (Deduction).

 

#266172

 

4.         Section:  01-A5922-03-FP.  East Lake Avenue, Patriot Boulevard to Edens Expressway in the Villages of Glenview and Wilmette.  Adjustment of quantities and new items.  $94,044.85 (Deduction).

 

#266173

 

5.         Section:  97-W2609-01-FP.  94th Avenue, 171st Street to 159th Street in the Village of Orland Hills.  Final adjustment of quantities.  $32.25 (Deduction).

 

#266174

 

6.         Section:  98-A6307-02-FP.  Bode Road, Barrington Road to Springinsguth Road; and Springinsguth Road, Bode Road to Schaumburg Road in the Villages of Hoffman Estates and Schaumburg.  Adjustment of quantities and new items.  $24,811.50 (Addition).

 

#266175

 

7.         Section:  02-26347-02-LS.  Edens Expressway East Frontage Road, Dundee Road to Lake-Cook Road in the Village of Northbrook, unincorporated Cook County and the Forest Preserve District of Cook County.  Adjustment of quantities and new items.  $53,413.16 (Addition).

 

#266176

 

 

COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM

 

ITEM #75

 

APPROVED

 

Transmitting a Communication, dated May 26, 2004 from

 

JOHN H. STROGER, JR., President, Cook County Board of Commissioners

 

transmitted herewith are the recommended projects for the 2004 Community Development Block Grant Program (CDBG), the Emergency Shelter Grants (ESG) Program, and the proposed use of the HOME Investment Partnerships Program (HOME).  The Cook County Community Development Advisory Council adopted these recommendations at a public hearing held on May 13, 2004.

 

The amount of CDBG funds requested was $34,447,631.00.  The amount of CDBG funds available for programming is $14,534,649.00.  The proposed use of CDBG funds will provide a 100% benefit to low and moderate income persons.


COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM continued

 

ITEM #75 cont’d

 

The amount of ESG funds requested was $1,184,065.00.  The amount of ESG funds available for programming is $505,368.00.  The proposed use of ESG funds provides essential services and maintenance/operational costs for homeless shelters in suburban Cook County, as well as programs for homeless prevention.

 

The amount of HOME Investment Partnerships Program funds granted by the U.S. Department of Housing and Urban Development (HUD) is $6,565,213.00.  Additionally, the County will received $354,822.00 in fiscal year 2003 funds and $398,640.00 for fiscal 2004, for a combined total of $753,462.00 for the new American Dream Downpayment Initiative recently announced by HUD.  Applications for eligible HOME projects are accepted throughout the year.  The proposed use of all funds must be incorporated into the County’s Annual Action Plan for submittal to HUD.

 

Prior to submitting required documents to HUD, Cook County is required by Executive Order 12372, Intergovernmental Review of Federal Programs, to submit proposed projects to the Northeastern Illinois Planning Commission and the Illinois State Clearinghouse for their review and release to HUD.  The County must also publish the description of the Annual Action Plan.  All documents and certifications must be submitted to HUD no later than August 15, 2004.

 

Respectfully request approval of the recommended CDBG and ESG projects, the proposed use of the HOME funds, and that, I or the Chief Administrative Officer of the County of Cook, or his designee, be authorized to execute, on behalf of the County of Cook, any and all documents necessary to further the programs approved herein, including, but not limited to, subrecipient agreements, intergovernmental agreements, amendments and modifications thereto, loan documents, lien assignments, releases of mortgages and liens, and mortgage assumptions.

 

 

HOME INVESTMENT PARTNERSHIPS PROGRAM

 

ITEM #76

 

APPROVED

 

Transmitting a Communication, dated May 25, 2004 from

 

GWENDOLYN D. CLEMONS, Director, Department of Planning and Development

 

Re:       HOME Investment Partnerships Program (HOME Program)

 

respectfully request approval for the establishment of an $800,000.00 lending pool to provide low-interest secondary mortgage financing to pre-qualified for-profit investors to provide approximately 20 affordable housing units for low-income Housing Choice Voucher holders, using HOME Investment Partnerships funds.  The project sponsor is Cook County Housing Development Corporation (CCHDC) d/b/a Turnstone Development Corporation, which is the development arm to the Housing Authority of Cook County.

 

HOME funds will be used to provide financing to real estate developers to purchase single family housing in non impacted areas where there are no more than 10% minority concentration and/or of poverty concentration in Cook County.  In addition to the HOME program, funds will also be provided by 10% owner’s equity, the Federal Home Loan Bank, LaSalle Bank and the Illinois Housing Development Authority.  For its participation, the HOME program estimates providing assistance for the creation of 20 affordable housing units.  The total development cost for the 20 units is estimated at $3,300,000.00 with the County providing 28% of the cost or $40,000.00 per unit.  Each HOME loan to the developer will be structured at 1%, amortized for a period of 30-years, carrying a 15-year term.  The County HOME Program will receive monthly principal and interest payments from each property of approximately $128.66.  Annual payment for each individual unit is projected at $1,543.87 which will be used for other HOME eligible activities.

 

I respectfully request approval of this project, and that the Chief Administrative Officer of the County of Cook, or his designee, be authorized to execute on behalf of the County of Cook, and all documents necessary to further the project approved herein, including the HOME Loan agreements and any modifications thereto.  These loans will be closed with assistance of the State’s Attorney’s Office, which assistance will include that office drafting the County’s loan documents.  The approval and establishment of this funding pool by this Honorable Body will permit staff to issue necessary commitments to allow this project to move forward.

 

Estimated Fiscal Impact:  None.  Grant funded amount:  $800,000.00.  (772-298 Account).


TRANSFER OF FUNDS

 

ITEM #77

 

APPROVED

 

Transmitting a Communication, dated May 27, 2004 from

 

JOAN PATRICIA MURPHY, County Commissioner

 

Please transfer $4,400.00 from the (018-110 Account) Salary and Wages of Regular Employees to the (018-390 Account) Supplies and Materials Not Otherwise Classified to cover expenses in the supply account through the end of fiscal year 2004.

 

Please transfer $810.00 from the (018-429 Account) Other Utilities to the (018-390 Account) Supplies and Materials Not Otherwise Classified to cover expenses in the supply account through the end of fiscal year 2004.

 

Please transfer $825.00 from the (018-660 Account) Rental of Facilities to the (018-390 Account) Supplies and Materials Not Otherwise Classified to cover expenses in the supply account through the end of fiscal year 2004.

 

*  *  *  *  *

 

ITEM #78

 

APPROVED

 

Transmitting a Communication, dated June 1, 2004 from

 

LARRY SUFFREDIN, County Commissioner

 

Please transfer $700.00 from (018-390 Account) Supplies and Materials Not Otherwise Classified to (018-579 Account) Computer Equipment.

 

PRESIDENT'S OFFICE OF EMPLOYMENT TRAINING

 

ITEM #79

 

APPROVED

 

Transmitting a Communication, dated June 15, 2004 from

 

DR. FRANCIS S. MUTHU, Director, President’s Office of Employment Training

 

requesting authorization to accept a grant in the amount of $35,160.00 from the Illinois Department of Commerce and Economic Opportunity (IDCEO).  These funds are being awarded to the Cook County President’s Office of Employment Training (POET) as a result of funding IDCEO received for a Disability Navigator Project.  The project, which is a United States Department of Labor (USDOL) and Social Security Administration (SSA) pilot program is designed to assist partner programs located at One-Stop Centers in successfully placing their disabled clients in employment.  The funds will be subcontracted to the Center for Independent Living to implement the program.

 

This grant does not require an application process.

 

There are no matching funds required for this grant.

 

The Budget Department has reviewed this item, and all requisite documents have been submitted.

 

Estimated Fiscal Impact:  None.  Grant Award:  $35,160.00.  Funding period:  October 1, 2003 through June 30, 2005.

 


OAK FOREST HOSPITAL OF COOK COUNTY

JOINT CONFERENCE COMMITTEE MEETING MINUTES

 

ITEM #80

 

RECEIVED AND FILED

 

Transmitting a Communication, dated May 5, 2004 from

 

DANIEL R. MARTIN, Acting Chief Operating Officer, Oak Forest Hospital of Cook County

 

Submitting herewith the Oak Forest Hospital of Cook County Joint Conference Committee minutes for the meeting of January 14, 2004.

 

PROVIDENT HOSPITAL OF COOK COUNTY

JOINT CONFERENCE COMMITTEE MEETING MINUTES

 

ITEM #81

 

RECEIVED AND FILED AS AMENDED

 

Transmitting a Communication, dated May 26, 2004 from

 

STEPHANIE WRIGHT-GRIGGS, Chief Operating Officer, Provident Hospital of Cook County

 

Submitting herewith the Provident Hospital of Cook County Joint Conference Committee minutes for the meeting held on May 25 April 14, 2004.

 

STROGER HOSPITAL OF COOK COUNTY

JOINT CONFERENCE COMMITTEE MEETING MINUTES

 

ITEM #82

 

RECEIVED AND FILED

 

Transmitting a Communication, dated May 26, 2004 from

 

JOHNNY C. BROWN, Chief Operating Officer, Stroger Hospital of Cook County

 

Submitting herewith the Stroger Hospital of Cook County Joint Conference Committee minutes for the meeting held on April 6, 2004.

 

PROPOSED ORDINANCES

 

ITEM #83

 

REFERRED TO THE COMMITTEE ON LAW ENFORCEMENT AND CORRECTIONS #266177

 

Submitting a Proposed Ordinance sponsored by

 

CARL R. HANSEN, County Commissioner

 

Co-Sponsored by

 

JOAN PATRICIA MURPHY and LARRY SUFFREDIN, County Commissioners

 

PROPOSED ORDINANCE

 

Amending Chapter 18

of the Cook County Ordinances

 

WHEREAS, the County of Cook is a home rule unit of local government pursuant to Article VII, section 6(e) of the 1970 Illinois Constitution, and as such may exercise any power and perform any function pertaining to its government and affairs; and


PROPOSED ORDINANCES continued

 

ITEM #83 cont’d

 

WHEREAS, the Board of Commissioners has adopted an ordinance entitled The Children’s Curfew Ordinance for the protection of minors residing within Cook County and for the overall protection of the public health, safety, comfort and welfare; and

 

WHEREAS, the Board of Commissioners of Cook County desires to amend The Children’s Curfew Ordinance by adding provisions which establish certain defenses to prosecution under The Children’s Curfew Ordinance that the Board of Commissioners deems necessary and appropriate.

 

NOW, THEREFORE, BE IT ORDAINED THAT:

 

Section 4, Enforcement of The Children’s Curfew Ordinance is hereby deleted in its entirety and replaced with the following:

 

Chapter 18

 

CURFEW

 

                                    18-1.     Title                                          18-4.     Defenses; Enforcement

                                    18-2.     Definitions                                18-5.     Penalties

                                    18-3.     Curfew                                    

 

Title

 

            18-1.     SECTION 1.     The title of this ordinance is The Children’s Curfew Ordinance.

 

Definitions

 

            18-2.     SECTION 2.     (a)  Child - Any person, male or female who has not reached their seventeenth birthday is considered, for purposes of this ordinance only, to be a child or children as the case may be.

 

            (b)  County - The word County, when used in this ordinance means any unincorporated area or territory of Cook County, Illinois, and does not include any incorporated city, village, or town lying in whole or in part within the territory of Cook County, Illinois.

 

Curfew

 

            18-3.     SECTION 3.     It shall be unlawful for any child as defined in section 2 (a) of this ordinance to be upon any public place in the County between the hours of 11:30 o’clock P.M. Friday and 6 o’clock A.M. Saturday, or between the hours of 11:30 P.M. Saturday and 6 o’clock A.M. Sunday, or between the hours of 10:30 P.M. and 6 o’clock A.M. on any other day of the week, unless accompanied by, and in charge of a parent, guardian, or other proper companion of the age of twenty-one years or more, or unless engaged in some occupation or business in which such child may lawfully engage under the statutes of the State of Illinois.

 

Enforcement

 

            18-4.     SECTION 4.     Any sheriff, deputy sheriff, constable, deputy constable, or other duly authorized law enforcement officer of the County of Cook, finding a child or children violating the provision of Section 3 of this ordinance shall warn the child or children to desist immediately from such violation and shall promptly report the violation to his superior officer, together with the name or names and address or addresses of the child or children and parents or guardians of said child or children, and said superior officer shall cause a written notice to be served upon the parent, guardian or person in charge of such child or children, setting forth the manner in which this ordinance has been violated.

 

Defenses; Enforcement

 

            18-4.     SECTION 4.     It is a defense to prosecution under Section 3 of this ordinance that the child was:

 

(a)                on an errand at the direction of the child’s parent or guardian, without any detour or stop;


PROPOSED ORDINANCES continued

 

ITEM #83 cont’d

 

 

(b)                in a motor vehicle involved in interstate travel;

 

(c)                engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop;

 

(d)                involved in an emergency.  In this subsection the term “emergency” means an unforeseen combination of circumstances or the resulting state that calls for immediate action.  The term includes, but is not limited to, a fire, a natural disaster, an automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life;

 

(e)                on the sidewalk abutting the child’s residence or abutting the residence of a next-door neighbor if the neighbor did not complain to the police department about the child’s presence;

 

(f)                 attending an official school, religious, or other recreational activity supervised by adults and sponsored by the County, a civic organization, or another similar entity that takes responsibility for the child, or going to or returning from, without any detour or stop, a official school, religious, or other recreational activity supervised by adults and sponsored by the County, a civic organization, or other similar entity that takes responsibility for the child;

 

(g)                exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech, and the right of assembly; or

 

(h)                married or had been married or had disabilities of minority removed in accordance with law.

 

Before taking any enforcement action under this section, any sheriff, deputy sheriff, constable, deputy constable, or other duly authorized law enforcement officer of the County of Cook shall ask the apparent offender’s age and reason for being in the public place.  The law enforcement officer shall not issue a citation or make an arrest under this section unless the law enforcement officer reasonably believes that an offense has occurred and that, based upon any response and other circumstances, no defense in subsections (a) through (h) is present.  If the law enforcement officer believes that an offense has occurred and that, based upon any response and other circumstances, no defense in subsections (a) through (h) is present, the law enforcement officer shall warn the child or children to desist immediately from such violation and shall promptly report the violation to his superior officer, together with the name or names and address or addresses of the child or children and parents or guardians of said child or children, and said superior officer shall cause a written notice to be served upon the parent, guardian or person in charge of such child or children, setting forth the manner in which this ordinance has been violated.

 

Penalties

 

            18-5.     SECTION 5.     Any parent, guardian or person in charge of a child or children violating the provisions of this ordinance, who, within a period of one year from the date of the violation, shall knowingly permit such child or children again to violate the provisions of this ordinance, after receipt of the first violation notice served pursuant to Section 4 of this ordinance, shall be fined not less than five dollars nor more than one hundred dollars for each offense.

 

*  *  *  *  *

 

ITEM #84

 

DEFERRED TO THE JULY 13, 2004 BOARD MEETING

 

The following item was deferred at the June 3, 2004 Board Meeting:

 

Submitting a Proposed Ordinance sponsored by

 

LARRY SUFFREDIN, County Commissioner


PROPOSED ORDINANCES continued

 

ITEM #84 cont’d

 

PROPOSED ORDINANCE

 

WHEREAS, on May 25, 2004, the Illinois General Assembly passed Senate Bill 2112, as amended, providing an alternative general homestead exemption to qualifying homestead property as set forth in the Illinois Property Tax Code; and

 

WHEREAS, this law provides, among other things, that to be subject to the alternative general homestead exemption a County must adopt an ordinance to subject itself to that provision, in lieu of the general homestead exemption.

 

NOW, THEREFORE, BE IT ORDAINED, pursuant to 35 ILCS 200/15-175, as amended by SB 2112 as passed by the 93rd Illinois General Assembly, the County of Cook does hereby agree to subject itself to the provisions of such section.

 

*  *  *  *  *

 

ITEM #85

 

REFERRED TO THE COMMITTEE ON BUSINESS AND ECONOMIC DEVELOPMENT #266178

 

Transmitting a Communication, dated May 24, 2004 from

 

JAMES M. HOULIHAN, Cook County Assessor

 

I am requesting that the Board of Commissioners approve an amendment to the Class 6b Classification Ordinance that clarifies necessary document submittals and time frames relating to requests to shorten the 24-month abandonment period.

 

Currently, applicants seeking 6b incentives for new construction, substantial rehabilitation or the reoccupation of property abandoned for longer than 24 months may file municipal and county letters in lieu of enabling ordinances. This ordinance amendment seeks to provide that same procedure relating those properties having been abandoned for less than 24 months. Applicants would still be required to obtain approval of the necessary ordinance prior to actually receiving the benefits of the incentive.

 

Presently, applicants must obtain a municipal finding that "special circumstances" exist to waive the required 24 months of abandonment and also must obtain a resolution by the Cook County Board of Commissioners to validate that municipal finding.  Unfortunately, the current language contained in the Ordinance does not make it plain that the option of providing a "letter in lieu of" an ordinance extends to cases involving these “special circumstances”.

 

All applications regarding abandoned property must be made to the Assessor’s Office within 90 days after purchase of the property.  Given the scheduling constraints on the relevant governing bodies, obtaining the required resolution in 90 days is not possible at all times.  Foreclosing the option of providing a "letter in lieu of" an ordinance to those property owners who seek “special circumstances” puts them in an untenable and unintended position.

 

Allowing an applicant to file a municipal or county "letter in lieu of" an enabling ordinance at the time it made application to the Assessor became effective on January 1, 2000.  Although we intended that the benefits and flexibility provided by this amendment apply in all cases, the current language contained in the Ordinance is not clear as to the matter.  This ambiguity was unintentional and the result of an oversight in the drafting of those amendments that became effective on January 1, 2000, and for this reason this change is sought.

 

I have submitted a copy of proposed changes to the Ordinance, which should rectify the situation once approved.


PROPOSED ORDINANCES continued

 

ITEM #85 cont’d

 

PROPOSED ORDINANCE

 

Class 6b:           Real estate used primarily for industrial purposes, as defined herein, consisting of all newly constructed buildings or other structures, including the land upon which they are situated; or abandoned property, as defined herein, including the land upon which such property is situated; or all buildings and other structures which are substantially rehabilitated to the extent such rehabilitation has added to their value, including qualified land related to the rehabilitation. Land qualifies when the rehabilitation adds vertical or horizontal square footage to the improvements. The amount of land eligible for the incentive shall be in such proportion as the square footage added by the rehabilitation bears to the total square footage of the improvements on the parcel.

           

                        An applicant must obtain from the municipality in which the real estate is located or the Board of Commissioners of Cook County if the real estate is located in an unincorporated area, an ordinance or resolution expressly stating that the municipality or County Board, as the case may be, has determined that the incentive provided by Class 6b is necessary for development to occur on that specific real estate and that the municipality or County Board, as the case may be, supports and consents to the Class 6b application to the Assessor. A certified copy of the ordinance or resolution need not be filed at the time of filing the Class 6b eligibility application with the Assessor, but must be filed with the Assessor no later than the date an assessment appeal is filed to request the class change to Class 6b. If the resolution is not filed at the time of the eligibility application, the applicant shall instead file, at that time, a letter from the municipality or the County, as the case may be, confirming that a resolution or ordinance supporting the incentive has been requested.

 

                        A copy of the resolution or letter confirming that a resolution has been requested, whichever is filed with the application, will be forwarded by the Assessor’s Office to the Secretary of the Cook County Board for distribution to the Commissioners from the affected districts.

                                               

                        In the case of abandoned property, if the municipality or the Board of Commissioners, as the case may be, finds that special circumstances justify finding that the property is “abandoned” for purpose of Class 6b, even though it has been vacant and unused for less than 24 months, that finding, along with the specification of the circumstances, shall be included in the resolution or ordinance supporting and consenting to the Class 6b application. Such resolution or ordinance shall be filed included with the eligibility application. If the ordinance or resolution is that of a municipality, the approval of the Board of Commissioners of Cook County is required to validate such shortened period of qualifying abandonment, and a resolution to that effect shall be included with the Class 6b eligibility application.  The applicant must obtain the municipal enabling ordinance with the required finding of special circumstances and present such municipal ordinance to the Board of Commissioners of Cook County prior to its determination as to whether it will validate such a shortened period of qualifying abandonment and provide a County resolution to that effect.   A certified copy of an ordinance or resolution finding that special circumstances exist, as well as a certified copy of a County ordinance or resolution validating the shortened period of qualifying abandonment need not be filed at the time of filing the Class 6b eligibility application with the Assessor, but must be filed with the Assessor no later than the date an assessment appeal is filed to request the class change to Class 6b.  If the resolution is not filed at the time of the eligibility application, the applicant shall instead file, at that time, a letter from the municipality or the County as the case may be, confirming that a resolution or ordinance regarding special circumstances has been requested. 

   

                        This classification shall continue for a period of twelve years from the date such new construction (excluding demolition, if any) or such substantial rehabilitation was completed and initially assessed, or in the case of abandoned property, from the date of substantial reoccupancy. This incentive may be renewed during the last year a property is entitled to a 16% assessment level, if the following requirements are met:

 

1.       the taxpayer notifies the Assessor’s Office of his intent to request renewal of the incentive from the municipality, or the Board of Commissioners of Cook County if the real estate is located in an unincorporated area; and


PROPOSED ORDINANCES continued

 

ITEM #85 cont’d

 

 

2.       the municipality in which the real estate is located or the Board of Commissioners of Cook County, if the real estate is located in an unincorporated area, adopts a resolution expressly stating that the municipality or County Board, as the case may be, has determined that the industrial use of the property is necessary and beneficial to the local economy, and supports and consents to renewal of the Class 6b; and

 

3.       a copy of that resolution and a completed renewal application are filed with the Office of the Assessor before the expiration of the 16% assessment level period.

 

The number of renewal periods is not limited as long as the property continues to apply and qualify for Class 6b. Any property which applies for Class 6b treatment on or before the adoption date of this ordinance change will be eligible for this renewal term at the end of their original incentive period subject to the above requirements.  If, on the effective date of this Ordinance, a property is receiving Class 6b treatment, but the assessment level is higher than 16%, that taxpayer may apply for renewal as outlined above and receive a 16% assessment level for the prescribed period beginning after the filing and approval of the resolution and renewal application. However, as of that effective date, the taxpayer’s assessment is higher than 16% and the taxpayer is granted a renewal of the incentive for subsequent years, no reduction of the current assessment level based on renewal of the incentive will be granted.

 

                        The notice of intent to request renewal which is filed with the Assessor’s Office will be forwarded by the Assessor’s Office to the Secretary of the Cook County Board for distribution to Commissioners from the affected districts.

 

If no renewal is obtained, the incentive shall be phased out over the next two years, pursuant to Section 3 below. After expiration of the last incentive period, the real estate shall revert to the applicable classification under this Ordinance.

 

                        Additionally, for newly constructed or substantially rehabilitated buildings and other structures to qualify for Class 6b classification, an eligibility application must be made to the Assessor within one year prior to the commencement of such new construction or substantial rehabilitation.  With respect to abandoned property, the eligibility application must be made to the Assessor no later than ninety days after purchase for value if such property is encompassed within the definition herein of abandoned property by reason of purchase for value; or within one year prior to the commencement of substantial rehabilitation if such property is encompassed within that definition by reason of substantial rehabilitation.

 

                        The Assessor may adopt rules consistent with the foregoing necessary to ensure proper review of all factors relevant to determine eligibility for the benefits provided under Class 6b.

                       

                        The Assessor shall provide by rule for the filing of triennial reassessment reports by all Class 6b recipients as to the use of the property and the number of persons employed at the Class 6b site. Such reports shall be verified. Failure to file such reports within the time established by the Assessor's rules shall result in loss of the incentive for the period relating to the non-filing.

 

*  *  *  *  *

 

ITEM #86

 

REFERRED TO THE COMMITTEE ON FINANCE #266179

 

Transmitting a Communication, dated June 7, 2004 from

 

THOMAS J. GLASER, Chief Financial Officer, Bureau of Finance

 

I am transmitting for your approval an Ordinance in support of the proposed sale of Cook County’s General Obligation Capital Improvement Bonds, Series 2004.

 

I respectfully request that this item be referred to the Finance Committee for further consideration.


PROPOSED ORDINANCES continued

 

ITEM #86 cont’d

 

PROPOSED ORDINANCE

 

                                     An Ordinance providing for the issuance of one or more series of General Obligation Bonds, Series 2004, of The County of Cook, Illinois.

 

            WHEREAS, Section 6(a) of Article VII of the 1970 Constitution of the State of Illinois provides that “a County which has a Chief Executive Officer elected by the electors of the County… (is) a Home Rule Unit” and The County of Cook, Illinois (the “County”), has a Chief Executive Officer elected by the electors of the County and is therefore a Home Rule Unit and may, under the power granted by said Section 6(a) of Article VII of the Constitution of 1970, as supplemented by the Local Government Debt Reform Act, as amended, and the other Omnibus Bond Acts, as amended (collectively, the “Act”), exercise any power and perform any function pertaining to its government and affairs, including, but not limited to, the power to tax and to incur debt; and

 

            WHEREAS, pursuant to the provisions of the Act, the County has the power to incur debt payable from ad valorem property tax receipts or from any other lawful source and maturing within 40 years from the time it is incurred without prior referendum approval; and

 

            WHEREAS, the Board of Commissioners of the County (the “Corporate Authorities”) has not adopted any ordinance, resolution, order or motion or provided any County Code provisions which restrict or limit the exercise of the home rule powers of the County in the issuance of general obligation bonds without referendum for corporate purposes or which provides any special rules or procedures for the exercise of such power; and

 

            WHEREAS, the County, by its Corporate Authorities, has previously made and does now affirm the determination that it is desirable and in the public interest of the County to undertake certain County construction, acquisition and equipment projects, being the Public Safety Fund Project, the Health Fund Project, the Corporate Fund Project and the Capital Equipment Project, each as hereinafter further itemized, and to create certain reserves for tort immunity and self-insurance purposes, being the Insurance Reserve Project; and

 

            WHEREAS, the Public Safety Fund Project includes, but is not limited to the construction, equipping, renovation and replacement of court, jail and related facilities; and

 

            WHEREAS, the Health Fund Project includes, but is not limited to the construction, equipping, renovation and reconstruction of various County health facilities, including but not limited to, the new John H. Stroger, Jr. Hospital, Cook County Hospital and County health clinics; and

 

            WHEREAS, the Corporate Fund Project includes the improvement and renovation of county facilities, including but not limited to the County Building, the Cook County Administration Building, elevator modification and telecommunication wiring; and

 

            WHEREAS, the Capital Equipment Project includes the purchase of capital equipment for use by various County departments; and

 

            WHEREAS, the Insurance Reserve Project includes, but is not limited to, the establishment of reserves for expected losses for liability or any liability for which the County is authorized to purchase insurance, including the payment of any tort judgment or settlement for compensatory damages for which the County or an employee while acting within the scope of his or her employment is liable; and

 

            WHEREAS, the aggregate costs of the Public Safety Fund Project, the Health Fund Project, the Corporate Fund Project, and the Capital Equipment Project, including landscaping and improvement of grounds, the acquisition of real property or rights therein and such personalty or rights therein as may be necessary for the efficient acquisition, construction or operation of the projects, operating costs, legal, financial, consulting, engineering, architectural and related professional services, and such appurtenances as shall be necessary, together with the aggregate costs of the Insurance Reserve Project (collectively, the “Projects”), are in excess of funds lawfully available and on hand and anticipated to be on hand from time to time; and


PROPOSED ORDINANCES continued

 

ITEM #86 cont’d

 

            WHEREAS, the Corporate Authorities do hereby determine that it is advisable and in the best interests of the County to borrow from time to time for the purpose of paying the costs of the Projects, and to pay costs of issuance, and, in evidence of such borrowing, to issue one or more series of full faith and credit bonds (collectively, the “Bonds”) of the County as hereinafter authorized, provided that at any given time the aggregate principal amount of the Bonds outstanding shall not exceed the amount of $600,000,000:

 

            NOW, THEREFORE, Be It Ordained by the Board of Commissioners of The County of Cook, Illinois, as follows:

 

            SECTION 1.  DEFINITIONS.  The following words and terms used in this ordinance shall have the following meanings unless the context or use indicates another or different meaning:

 

            “Act” means Section 6(a) of Article VII of the 1970 Constitution of the State of Illinois, as supplemented and amended by the Local Government Debt Reform Act of the State of Illinois, as amended, and the other Omnibus Bond Acts, as amended.

 

            “Agency Obligation” means obligations issued or guaranteed by any of the following agencies, provided that such obligations are backed by the full faith and credit of the United States of America: Export-Import Bank of the United States direct obligations or fully guaranteed certificates of beneficial ownership; Federal Financing Bank; Farmers Home Administration certificates of beneficial ownership; Federal Housing Administration Debentures; Government National Mortgage Association guaranteed mortgage-backed bonds; General Services Administration participation certificates; United States Maritime Administration obligations guaranteed under Title XI; New Communities Debentures; United States Public Housing Notes and Bonds; and United States Department of Housing and Urban Development Project Notes and Local Authority Bonds.

 

            “Authorized Denomination” means (i) for Current Interest Bonds, $5,000 or any integral multiple thereof, (ii) for Capital Appreciation Bonds, Original Principal Amounts of such Capital Appreciation Bonds or any integral multiple thereof, and (iii) for Variable Rate Bonds, the amounts as provided in an Indenture executed by the County in connection therewith.

 

            “Bond Fund” means the account of that name established and further described in Section 12 of this Ordinance.

 

            “Bond Order” means each written Bond Order and Notification of Sale signed by the Designated Officers and setting forth certain details of the Bonds as hereinafter provided.

 

            “Bond Register” means the books for the registration and transfer of the Bonds to be kept by the Trustee on behalf of the County.

 

            “Bonds” means the bonds authorized under this Ordinance and to be issued in one or more series pursuant to this Ordinance and one or more Bond Orders. Any reference in this Ordinance to “Series 2004B Taxable Bonds,” “Series 2004C Tax-Exempt Variable Rate Bonds,” or “Series 2004D Tax-Exempt Fixed Rate Bonds” shall mean one of such series of Bonds as so designated.

 

            “Book Entry Form” means the form of the Bonds as fully registered and available in physical form only to the Depository.

 

            “Capital Appreciation Bonds” means Bonds payable in one payment on only one fixed date.

 

“Chief Financial Officer” means the Chief Financial Officer of the County.

 

            “Code” means the Internal Revenue Code of 1986.

 

            “Commitment” means (i) a commitment to issue a financial guaranty or municipal bond insurance policy issued by an Insurer and relating to a series of Bonds and (ii) any, separate insurance agreement between the County and an Insurer executed in connection with the issuance by such Insurer of its insurance policy with respect to the Bonds.


PROPOSED ORDINANCES continued

 

ITEM #86 cont’d

 

            “Compound Accreted Value” means, for any Capital Appreciation Bond, on any date of determination, an amount equal to the Original Principal Amount of such Bond (or integral multiple thereof) plus an investment return accrued to the date of such determination at a semiannual compounding rate which is necessary to produce the approximate yield to maturity borne by such Bond.

 

            “Convertible CABs” means Bonds issued initially as Capital Appreciation Bonds containing provisions for the conversion of the Compound Accreted Value of such Bonds into Current Interest Bonds at such time following the issuance thereof as shall be approved by the Chief Financial Officer.

 

            “Corporate Authorities” means the Board of Commissioners of the County.

 

            “County” means The County of Cook, Illinois, and its successors and assigns.

 

            “County Clerk” means the County Clerk of the County.

 

            “County Collector” means the County Treasurer, acting ex-officio as the Collector for the County.

 

            “Credit Facility” means any letter of credit, bank bond purchase agreement, revolving credit agreement, surety bond, bond insurance policy or other agreement or instrument under which any person (other than the County) undertakes to make or provide funds to make payment of the principal or premium, if any (if at the election of the County the Credit Facility secures premium payable upon an optional redemption of Bonds supported by such Credit Facility), and interest on Bonds, delivered to and received by the Trustee.

 

            “Current Interest Bonds” means Bonds bearing interest at fixed rates and paying interest semiannually (which may have a first odd period for interest not greater than one year).

 

            “Defeasance Obligation” means any Federal Obligation or any Agency Obligation, in each case not subject to redemption at the option of the issuer.

 

            “Depository” means The Depository Trust Company, a New York limited trust company, its successor or a successor depository qualified to clear securities under applicable state and federal law.

 

“Designated Officer” means the President, Chief Financial Officer or any other officer or employee of the County so designated by a written instrument signed by the President or the Chief Financial Officer and filed with the Trustee.

 

            “Federal Obligation” means any direct obligation of, or any obligation the timely payment of principal of and interest on which is fully and unconditionally guaranteed by, the United States of America.

 

            “Indenture” means a trust indenture by and between the County and the Trustee as authorized herein for the issuance of Variable Rate Bonds.

 

            “Insurer” means any recognized issuer of a municipal bond insurance policy insuring one or more series of Bonds as selected by the Chief Financial Officer and so designated in a Bond Order.

 

            “Maturity Amount” means, for Capital Appreciation Bonds, Compound Accreted Value at maturity.

 

            “Ordinance” means this ordinance as originally introduced and adopted and as the same may from time to time be amended or supplemented in accordance with the terms hereof.

 

            “Outstanding Bonds” means Bonds which are outstanding and unpaid; provided, however, such term shall not include Bonds (a) which have matured and for which monies are on deposit with proper paying agents or are otherwise properly available sufficient to pay all principal thereof and interest thereon; or (b) the provision for payment of which has been made by the County pursuant to Section 16 of this Ordinance.


PROPOSED ORDINANCES continued

 

ITEM #86 cont’d

 

            “Pledged Taxes” means the unlimited ad valorem taxes levied herein and pledged hereunder by the County as security for the Bonds, any additional taxes as may be hereafter levied for any Variable Rate Bonds pursuant to the covenant contained in Section 9 of this Ordinance and any accrued interest received upon the sale of the Bonds and deposited into the Bond Fund.

 

            “Project Fund” means each fund included in the Project Funds established and further described in Section 12 of this Ordinance.

 

            “Projects” means, collectively, the Public Safety Fund Project, the Health Fund Project, the Corporate Fund Project, the Capital Equipment Project and the Insurance Reserve Project described in the preambles hereto.

 

            “Purchase Price” means the price for the Bonds as provided in a Bond Order.

 

            “Qualified Investments” means:

 

            (a)        Federal Obligations;

 

            (b)        Deposits in interest-bearing accounts or certificates of deposit or similar arrangements issued by any bank, trust company, national banking association, savings bank or savings and loan association, including the Trustee, which deposits are (i) insured or secured as required by Section 12(E) or (ii) insured by an insurance policy or surety bond issued by an insurance company rated in the highest rating category by Fitch, Moody’s and S&P, or by any two of said rating agencies;

 

            (c)        Bonds or notes issued by any State of the United States of America, or any political subdivision thereof, that are rated in either of the two highest rating categories by Fitch, Moody’s and S&P, or by any two of said rating agencies;

 

            (d)        Bonds, debentures, notes or other evidences of indebtedness issued or guaranteed by any of the following: Federal Home Loan Bank System senior debt obligations; Federal Home Loan Mortgage Corporation participation certificates and senior debt obligations; Federal National Mortgage Association mortgage backed securities and senior debt obligations; and the interest component of Resolution Funding Corporation obligations in book-entry form, which have been stripped by request of the Federal Reserve Bank of New York;

 

            (e)        Agency Obligations;

 

            (f)        Repurchase agreements entered into with financial institutions that are either (i) banks, trust companies or national banking associations that are rated “A” or higher by Moody’s, Fitch and S&P, or by any two of said rating agencies, or (ii) a government bond dealer reporting to, trading with, and recognized as a primary dealer by the Federal Reserve Bank of New York, provided that each such repurchase agreement is secured as provided in Section 12(F);

 

            (g)        Money market funds registered under the Federal Investment Company Act of 1940, whose shares are registered under the Federal Securities Act of 1933 and having a rating by S&P of “AAAm-G,” “AAAm” or “Aam”;

 

            (h)        Commercial paper rated, at the time of purchase, “Prime-1” by Moody’s, “F-1” or better by Fitch, and “A- 1” or better by S&P, or by any two of said rating agencies;

 

            (i)         The Public Treasurers’ Investment Pool of the State of Illinois;

 

            (j)         Federal Funds or bankers’ acceptances, with a maximum term of one year, of any bank that has an unsecured, uninsured and unguaranteed obligation rating of “Prime-1” or “A-3” or better from Moody’s, “F-2” or “A” or better by Fitch, and “A-l” or “A” or better by S&P, or by any two of said rating agencies; and


PROPOSED ORDINANCES continued

 

ITEM #86 cont’d

 

            (k)        Investment agreements, including without limitation repurchase agreements not described in clause (f) above, with a bank, investment bank, financial institution or insurance company provided that such bank, investment bank, financial institution or insurance company maintains an office in the United States and such bank, investment bank, financial institution or insurance company or whose guarantor is rated in one of the three highest rating categories by Moody’s, Fitch, and S&P, or by any two of said rating agencies, or if such institution is not so rated, that the agreement is collateralized by securities described in clauses (a), (d) or (e) above, having a market value at all times (exclusive of accrued interest, other than accrued interest paid in connection with the purchase securities) at least equal to the principal amount invested pursuant to the agreement.

 

            “Regular Record Date” means, for any Current Interest Bonds or Capital Appreciation Bonds, the 1st day of the month in which any regularly scheduled interest payment date occurs on the 15th day of such month and, in the event of a payment occasioned by a redemption of Bonds on other than a regularly scheduled interest payment date on the 15th day of a month, means the 15th day next preceding such payment date and, for Variable Rate Bonds, has the meaning set forth in a relevant Indenture.

 

            “Representations Letter” means such letter to or agreement, by and among the County, the Trustee and the Depository as shall be necessary to effectuate a book-entry system for the Bonds, and includes the Blanket Letter of Representations previously executed by the County and the Depository.

 

            “Stated Maturity” means with respect to any Bond or any interest thereon the date specified in such Bond as the fixed date on which the principal of such Bond or such interest is due and payable, whether by maturity or otherwise.

 

            “Tax Exempt” means, with respect to the Bonds, the status of interest paid and received thereon as not includible in the gross income of the owners thereof under the Code for federal income tax purposes, except to the extent that such interest is taken into account in computing an adjustment used in determining the alternative minimum tax for certain corporations and in computing the “branch profits tax” imposed on certain foreign corporations.

 

            “Trustee” means Amalgamated Bank of Chicago, Illinois, as bond registrar, paying agent and trustee, and successors and assigns.

 

            “Underwriters” means (i) for the Series 2004B Taxable Bonds, collectively, George K. Baum & Co.; Mesirow Financial, Inc.; Blaylock & Partners and LaSalle Capital Markets; (ii) for the Series 2004C Tax-Exempt Variable Rate Bonds, collectively, Lehman Brothers, Inc.; Samuel A. Ramirez & Co., Inc.; Banc One Capital Markets, Inc.; and Podesta & Co.; and (iii) for the Series 2004D Tax-Exempt Fixed Rate Bonds, collectively, Loop Capital Markets, LLC; William Blair & Company; DuSable Partners, LLC; Grigsby & Associates, Inc.; Siebert Brandford Shank & Co., LLC, Banc of America Securities LLC and Fifth Third Securities, Inc.

 

            “Variable Rate Bonds” means Bonds (including auction rate securities) which are issued at rates subject to change from time to time, payable from time to time, and subject to various options for payment by the owners thereof, as more fully provided for herein.

 

            “Yield to Maturity” means, for any Capital Appreciation Bond, the approximate yield to maturity borne by such Bond.

 

SECTION 2.  FINDINGS.  The Corporate Authorities hereby find that it is necessary and in the best interests of the County that the County provide for the Projects; that each of the Projects is expressly authorized under the Act, and that the Bonds be issued to enable the County to pay the costs of Projects.  The Corporate Authorities hereby find that all of the recitals contained in the preambles to this Ordinance are full, true and correct and do hereby incorporate them into this Ordinance by this reference.  It is hereby found and determined that the Corporate Authorities have been authorized by law to borrow the aggregate sum of $600,000,000 upon the credit of the County and as evidence of such indebtedness to issue Bonds in the aggregate principal amount of $600,000,000, more or less, as herein provided, in order to pay the costs of the Projects.  The Bonds shall be issued pursuant to the Act.


PROPOSED ORDINANCES continued

 

ITEM #86 cont’d

 

SECTION 3.  BOND DETAILS.  There shall be borrowed on the credit of and for and on behalf of the County the sum of not to exceed $600,000,000 plus an amount equal to the amount of any original issue discount used in the marketing of the Bonds for the purposes aforesaid; the Bonds shall be issued from time to time in said aggregate amount, or such lesser amount, in one or more series, all as may be determined by the Chief Financial Officer, and shall be designated substantially as “General Obligation Bonds, Series 2004__,” with such additions or modifications as shall be determined to be necessary by the Chief Financial Officer at the time of the sale of the Bonds to reflect the purpose of the issue, the order of sale of the Bonds, whether the Bonds are Current Interest Bonds, Variable Rate Bonds, Capital Appreciation Bonds or Convertible CABs, and any other authorized features of the Bonds determined by the Chief Financial Officer as desirable to be reflected in the title of the Bonds being issued and sold.  Any Bonds issued as Current Interest Bonds shall be dated as of July 1, 2004, or such later date at or prior to the date of issuance thereof as may be provided in the relevant Bond Order.  Any Bonds issued as Capital Appreciation Bonds shall be dated the date of issuance thereof.  Any Bonds issued as Variable Rate Bonds shall be dated such date not earlier than July 1, 2004, and not later than the date of issuance thereof as shall be provided in the Indenture. All Bonds shall also bear the date of authentication, shall be in fully registered form, shall be in Authorized Denominations as provided in the relevant Bond Order (but no single Bond shall represent installments of principal or Compound Accreted Value maturing on more than one date), shall be numbered 1 and upward within each series, shall bear interest at the rates percent per annum and shall become due and payable (subject as hereinafter provided with respect to prior redemption) on November 15 (or such other date as may be provided in the relevant Bond Order) of the years as provided in the relevant Bond Order, subject to the limitations set forth below.

All or any portion of the Bonds may be issued as Current Interest Bonds.

            All or any portion of the Bonds may be issued as Capital Appreciation Bonds.  Each Original Principal Amount of Capital Appreciation Bonds shall represent a Maturity Amount of $5,000 or any integral multiple thereof.

 

            All or any portion of the Bonds may be initially issued as Convertible CABs.  While in the form of Capital Appreciation Bonds, Bonds issued as Convertible CABs shall be subject to all of the provisions and limitations of this Ordinance relating to Capital Appreciation Bonds, and while in the form of Current Interest Bonds, Bonds issued as Convertible CABS shall be subject to all of the provisions and limitations of this Ordinance relating to Current Interest Bonds.  In particular, when Convertible CABs are in the form of Capital Appreciation Bonds prior to their conversion to Current Interest Bonds, the transfer, exchange and replacement provisions of this Ordinance with respect to Capital Appreciation Bonds shall apply to such Convertible CABs; provided that the Convertible CABs delivered in the form of Capital Appreciation Bonds in connection with any such transfer, exchange or replacement shall have identical provisions for conversion to Current Interest Bonds as set forth in the Convertible CABs being transferred, exchanged or replaced.  In connection with the issuance and sale of any Convertible CABs, the terms and provisions relating to the conversion of the Compound Accreted Value of such Convertible CABs into Current Interest Bonds shall be as approved by the Chief Financial Officer at the time of sale of such Convertible CABs.

 

            All or any portion of the Bonds may be issued as Variable Rate Bonds.  Any Variable Rate Bonds shall be subject to the provisions of the Indenture for the same, to be by and between the County and the Trustee. The President or the Chief Financial Officer is hereby authorized to enter into any Indenture on behalf of the County.  Any Indenture shall be in substantially the form of the Indenture included as an exhibit to this Ordinance, but with such revisions in text as the President or the Chief Financial Officer shall determine are necessary or desirable, the execution thereof by the President or the Chief Financial Officer to evidence the approval by the Corporate Authorities of all such revisions.

 

            All or any portion of the Bonds may be issued as Tax Exempt or not Tax Exempt as the Designated Officers shall determine upon consultation with counsel and as shall be provided in a relevant Bond Order.

 

            All Bonds shall become due and payable as provided in the relevant Bond Order; provided, however, that no Bond shall have a Stated Maturity that is later than November 15, 2034.


PROPOSED ORDINANCES continued

 

ITEM #86 cont’d

 

            The Current Interest Bonds and the Variable Rate Bonds shall bear interest at a rate or rates percent per annum and any Capital Appreciation Bonds shall have Yields to Maturity not to exceed ten percent (10%) per annum and no Capital Appreciation Bond shall have a Yield to Maturity in excess of ten percent (10%) per annum.  The Current Interest Bonds and the Variable Rate Bonds shall bear interest at the rate or rates percent per annum and the Capital Appreciation Bonds shall have Yields to Maturity as provided in the relevant Bond Order or Indenture.

 

            Each Current Interest Bond shall bear interest from the later of its dated date or the most recent interest payment date to which interest has been paid or duly provided for, until the principal amount of such Bond is paid, such interest (computed upon the basis of a 360-day year of twelve 30-day months) being payable, subject to the provisions of any Bond Order, on each May 15 and November 15, commencing on such May 15 or November 15 as determined by the Chief Financial Officer in the Bond Order therefor.

 

            Each Capital Appreciation Bond shall bear interest from its dated date at the rate percent per annum compounded semiannually, subject to the provisions of any Bond Order, on each May 15 and November 15, commencing on such May 15 or November 15 as determined by the Chief Financial Officer in the Bond Order therefor, which will produce the Yield to Maturity until the Stated Maturity thereof or conversion date to Current Interest Bonds. Interest on the Capital Appreciation Bonds shall be payable only at Stated Maturity.

 

            Each Variable Rate Bond shall bear interest (computed from time to time on such basis and payable in such manner as shall be set forth in the Indenture therefor) payable on such dates as shall be set forth in the Indenture therefor. Any Variable Rate Bonds may be made subject to optional or mandatory tender for purchase by the owners thereof at such times and at such prices (not to exceed 103 percent of the principal amount thereof) as shall be set forth in the Indenture therefore.  In connection with the remarketing of any Variable Rate Bonds so tendered for purchase under the terms and conditions so specified by the Chief Financial Officer, the President and the Chief Financial Officer are each hereby authorized to execute on behalf of the County a remarketing agreement in customary form at customary fees used for variable rate financings of the County with appropriate revisions to reflect the terms and provisions of the Bonds sold as Variable Rate Bonds and such other revisions in text as the Chief Financial Officer shall determine are necessary or desirable in connection with the sale of the Bonds as Variable Rate Bonds.

 

            So long as the Bonds are held in Book Entry Form, interest on each Bond shall be paid to the Depository by check or draft or electronic funds transfer, in lawful money of the United States of America, as may be agreed in the Representations Letter; in the event the Bonds should ever become available in physical form to registered owners other than the Depository, interest on each Bond shall be paid by check or draft of the Trustee, payable upon presentation thereof in lawful money of the United States of America, or by electronic funds transfer of lawful money of the United States of America, as may be provided, to the person in whose name such Bond is registered at the close of business on the applicable Regular Record Date, and mailed to the address or transferred to such account of such registered owner as it appears on the Bond Register or at such other address or account as may be furnished in writing to the Trustee.

 

            Principal of and premium (if any) on each Current Interest Bond and Variable Rate Bond and the Compound Accreted Value of each Capital Appreciation Bond shall be paid upon surrender in lawful money of the United States of America, at the principal corporate trust office of the Trustee or its proper agent.

 

            The Bonds shall have impressed or imprinted thereon the corporate seal or facsimile thereof of the County and shall be signed by the manual or duly authorized facsimile signatures of the President and County Clerk, as they shall determine, and in case any officer whose signature shall appear on any Bond shall cease to be such officer before the delivery of such Bond, such signature shall nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until delivery.


PROPOSED ORDINANCES continued

 

ITEM #86 cont’d

 

            All Bonds shall have thereon a certificate of authentication substantially in the form hereinafter set forth duly executed by the Trustee as authenticating agent of the County and showing the date of authentication. No Bond shall be valid or obligatory for any purpose or be entitled to any security or benefit under this Ordinance unless and until such certificate of authentication shall have been duly executed by the Trustee by manual signature, and such certificate of authentication upon any such Bond shall be conclusive evidence that such Bond has been authenticated and delivered under this Ordinance. The certificate of authentication on any Bond shall be deemed to have been executed by the Trustee if signed by an authorized officer of the Trustee, but it shall not be necessary that the same officer sign the certificate of authentication on all of the Bonds issued hereunder.

 

SECTION 4.  BOOK-ENTRY PROVISIONS.  The Bonds shall be initially issued in the form of a separate single fully registered Bond for each of the maturities of the Bonds. Upon initial issuance, the ownership of each such Bond shall be registered in the Bond Register in such name as may be provided by the Depository (the “Book Entry Owner”) and, accordingly, in Book Entry Form as provided and defined herein. Any Designated Officer is authorized to execute a Representations Letter or to utilize the provisions of an existing Representations Letter. Without limiting the generality of the authority given with respect to entering into the Representations Letter for the Bonds, it may contain provisions relating to (a) payment procedures, (b) transfers of the Bonds or of beneficial interests therein, (c) redemption notices and procedures unique to the Depository, (d) additional notices or communications, and (e) amendment from time to time to conform with changing customs and practices with respect to securities industry transfer and payment practices.  With respect to Bonds registered in the Bond Register in the name of the Book Entry Owner, neither the County nor the Trustee shall have any responsibility or obligation to any broker-dealer, bank, or other financial institution for which the Depository holds Bonds from time to time as securities depository (each such broker-dealer, bank, or other financial institution being referred to herein as a “Depository Participant”) or to any person on behalf of whom such a Depository Participant holds an interest in the Bonds. Without limiting the meaning of the immediately preceding sentence, neither the County nor the Trustee shall have any responsibility or obligation with respect to (a) the accuracy of the records of the Depository, the Book Entry Owner, or any Depository Participant with respect to any ownership interest in the Bonds; (b) the delivery to any Depository Participant or any other person, other than a registered owner of a Bond as shown in the Bond Register or as expressly provided in the Representations Letter, of any notice with respect to the Bonds, including any notice of redemption; or (c) the payment to any Depository Participant or any other person, other than a registered owner of a Bond as shown in the Bond Register, of any amount with respect to principal of or interest on the Bonds. No person other than a registered owner of a Bond as shown in the Bond Register shall receive a Bond certificate with respect to any Bond. In the event that the agreement among the County and the Depository evidenced by the Representations Letter shall be terminated for any reason; the County shall notify the Depository of the availability of Bond certificates, and the Bonds shall no longer be restricted to being registered in the Bond Register to the Book Entry Owner. The County may determine at such time that the Bonds shall be registered in the name of and deposited with a successor depository operating a book entry only system, as may be acceptable to the County, or such depository’s agent or designee, but if the County does not select such successor depository, then the Bonds shall be registered in whatever name or names registered owners of Bonds transferring or exchanging Bonds shall designate, in accordance with the provisions hereof.

SECTION 5.  REDEMPTION.  If so provided in the relevant Bond Order or Indenture, any Bonds may be redeemable prior to maturity at the option of the County, in whole or in part on any date, at such times and at such redemption prices (to be expressed as a percentage of the principal amount of Current Interest Bonds or Variable Rate Bonds to be redeemed and as a percentage of the Compound Accreted Value of Capital Appreciation Bonds to be redeemed) not to exceed one hundred three percent (103%), plus, in the case of Current Interest Bonds or Variable Rate Bonds, accrued interest to the date of redemption, as determined by the Chief Financial Officer at the time of the sale thereof.  If less than all of the outstanding Bonds of a series are to be optionally redeemed, the Bonds to be called shall be called from such series, in such principal amounts and from such maturities as may be determined by the County and within any maturity by lot within a maturity in the manner hereinafter provided. Any Current Interest Bonds or Variable Rate Bonds may be made subject to mandatory redemption, at par and accrued interest to the date fixed for redemption, as determined by the Chief Financial Officer at the time of the sale thereof and as set forth in the relevant Bond Order or Indenture.  The terms and provisions for any redemption of Variable Rate Bonds shall be as determined by the Chief Financial Officer at the time of sale of the Bonds and as set forth in a relevant Indenture, provided that such terms shall be within the limitations set forth in this Section.


PROPOSED ORDINANCES continued

 

ITEM #86 cont’d

 

            In connection with any mandatory redemption of Bonds as authorized above, the principal amounts of such Bonds to be mandatorily redeemed in each year may be reduced through the earlier optional redemption thereof, with any partial optional redemptions of such Bonds credited against future mandatory redemption requirements in such order of the mandatory redemption dates as the Chief Financial Officer may determine.  In the absence of such determination, partial optional redemptions of such Bonds shall be credited against future mandatory redemption requirements in inverse chronological order of such payments beginning with the amount scheduled to become due at Stated Maturity, then the amount subject to mandatory redemption in the year preceding Stated Maturity, and so on. In addition, on or prior to the 60th day preceding any mandatory redemption date, the Trustee may, and if directed by the Chief Financial Officer shall, purchase Bonds of such maturities in an amount not exceeding the amount of such Bonds required to be retired on such mandatory redemption date and at a price not exceeding par plus accrued interest. Any such Bonds so purchased shall be cancelled and the principal amount thereof shall be credited against the payment required on such next mandatory redemption date.

 

            The County shall, at least 45 days prior to the redemption date (unless a shorter time shall be satisfactory to the Trustee), notify the Trustee of such redemption date, the years of maturity and principal amounts of Bonds to be redeemed and, if applicable, the mandatory redemption payment so affected. Current Interest Bonds shall be redeemed only in the principal amount of $5,000 each and integral multiples thereof, and Capital Appreciation Bonds shall be redeemed only in amounts representing $5,000 Maturity Amount and integral multiples thereof. In the event of the redemption of less than all the Bonds of a series of like maturity, the aggregate principal amount or Maturity Amount (as appropriate) thereof to be redeemed shall be $5,000 or an integral multiple thereof, and the Trustee shall assign to each such Bond of such maturity a distinctive number for each $5,000 principal amount or Maturity Amount (as appropriate) of such 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 or Maturity Amount (as appropriate) of such Bonds to be redeemed.  The Bonds to be redeemed shall be those to which were assigned numbers so selected; provided that only so much of the principal amount or Maturity Amount (as appropriate) of each Bond shall be redeemed as shall equal $5,000 for each number assigned to it and so selected.

 

            The Trustee shall promptly notify the County in writing of the Bonds or portions of Bonds selected for redemption and, in the case of any Bond selected for partial redemption, the principal amount thereof to be redeemed.

 

            Unless waived by the owner of Bonds to be redeemed or as otherwise provided in an Indenture for Variable Rate Bonds, notice of any such redemption shall be given by the Trustee on behalf of the County by mailing the redemption notice by first class mail not less than 30 days and not more than 60 days prior to the date fixed for redemption to each registered owner of the Bond or Bonds to be redeemed at the address shown on the Bond Register or at such other address as is furnished in writing by such registered owners to the Trustee. All notices of redemption shall include at least the information as follows:

 

            (1)        the redemption date;

 

            (2)        the redemption price;

 

(3)        if less than all of the Bonds of a particular series are to be redeemed, the identification (and, in the case of partial redemption, the respective principal amounts) of the Bonds to be redeemed;

 

(4)                a statement that on the redemption date the redemption price will become due and payable upon each such Bond or portion thereof called for redemption and that interest thereon shall cease to accrue from and after said date; and

 

(5)                the place where such Bonds are to be surrendered for payment of the redemption price, which place of payment shall be the principal corporate trust office of the Trustee.

 

            Such additional notice as may be agreed upon with the Depository shall also be given so long as the Bonds are held by the Depository.

 

            On or prior to any redemption date, the County shall deposit with the Trustee an amount of money sufficient to pay the redemption price of all the Bonds or portions of Bonds which are to be redeemed on that date.


PROPOSED ORDINANCES continued

 

ITEM #86 cont’d

 

            Notice of redemption having been given as provided therefor, the Bonds or portions of Bonds so to be redeemed shall, on the redemption date, become due and payable at the redemption price therein specified, and from and after such date (unless the County shall default in the payment of the redemption price) such Bonds or portions of Bonds shall cease to bear interest.  Neither the failure to mail such redemption notice nor any defect in any notice so mailed to any particular registered owner of a Bond shall affect the sufficiency of such notice with respect to other registered owners.  Notice having been properly given, failure of a registered owner of a Bond to receive such notice shall not be deemed to invalidate, limit or delay the effect of the notice or the redemption action described in the notice.  Such notice may be waived in writing by a registered owner of a Bond, either before or after the event, and such waiver shall be the equivalent of such notice.  Waivers of notice shall be filed with the Trustee, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver.  Upon surrender of such Bonds for redemption in accordance with said notice, such Bonds shall be paid by the Trustee at the redemption price.  Interest due on or prior to the redemption date shall be payable as herein provided for payment of interest.  Upon surrender for any partial redemption of any Bond, there shall be prepared for the registered owner a new Bond or Bonds of the same Stated Maturity in the amount of the unpaid principal or Maturity Amount.

 

            With respect to any redemption of Bonds, unless moneys sufficient to pay the redemption price of the Bonds to be redeemed shall have been received by the Trustee prior to the giving of the notice of redemption, such notice may, at the option of the County, state that such redemption shall be conditional upon the receipt of such moneys by the Trustee on or prior to the date fixed for redemption.  If such moneys are not received, such notice shall be of no force and effect, the Trustee shall not redeem such Bonds, and the Trustee shall give notice, in the same manner in which the notice of redemption shall have been given, that such moneys were not so received and that such Bonds will not be redeemed.

 

            If any Bond or portion of Bond called for redemption shall not be so paid upon surrender thereof for redemption, in the case of Current Interest Bonds, the principal shall, until paid, bear interest from the redemption date at the rate borne by the Bond or portion of Bond so called for redemption; in the case of Variable Rate Bonds, the principal shall, until paid, bear interest as provided in a relevant Indenture; and, in the case of Capital Appreciation Bonds, the Compound Accreted Value at such redemption date shall continue to accrue interest from such redemption date at the Yield to Maturity borne by such Capital Appreciation Bond, or portion thereof, so called for redemption.  All Bonds which have been redeemed shall be cancelled and destroyed by the Trustee and shall not be reissued.

 

            Upon the payment of the redemption price of Bonds being redeemed, each check or other transfer of funds issued for such purpose shall bear the CUSIP number identifying, by issue and maturity, the Bonds being redeemed with the proceeds of such check or other transfer.

 

            SECTION 6.  REGISTRATION OF BONDS AND REPLACEMENT BONDS.  The County shall cause the Bond Register to be kept at the principal corporate trust office of the Trustee, which is hereby constituted and appointed the Registrar of the County.  The County is authorized to prepare, and the Trustee shall keep custody of, multiple Bond blanks executed by the County for use in the transfer and exchange of Bonds.

 

            Subject to the provisions hereof relating to the Bonds in Book Entry Form, upon surrender for transfer of any Bond at the principal corporate trust office of the Trustee, duly endorsed by, or accompanied by a written instrument or instruments of transfer in form satisfactory to the Trustee and duly executed by, the registered owner or his or her attorney duly authorized in writing, the County shall execute and the Trustee shall authenticate, date and deliver in the name of the transferee or transferees (a) in the case of any Capital Appreciation Bond, a new fully registered Capital Appreciation Bond or Bonds of the same series and of the same Stated Maturity of Authorized Denominations, for a like aggregate Original Principal Amount or (b) in the case of any Current Interest Bond or Variable Rate Bond, a new fully registered Bond or Bonds of the same tenor, of the same interest rate and Stated Maturity, of Authorized Denominations, for a like aggregate principal amount. Subject to the provisions of this Ordinance relating to Book Entry Form any Capital Appreciation Bond or Bonds may be exchanged at said office of the Trustee or its proper agent for a like aggregate Original Principal Amount of Capital Appreciation Bond or Bonds of the same maturity of other Authorized Denominations; and any fully registered Current Interest Bond or Bonds or Variable Rate Bond or Bonds may be exchanged at said office of the Trustee or its proper agent for a like aggregate principal amount of such Bonds of the same tenor, of the same interest rate and Stated Maturity, of other Authorized Denominations.


PROPOSED ORDINANCES continued

 

ITEM #86 cont’d

 

            The execution by the County of any fully registered Bond shall constitute full and due authorization of such Bond, and the Trustee or its proper agent shall thereby be authorized to authenticate, date and deliver such Bond in accordance with the terms of this Ordinance and of any Indenture.

 

            The person in whose name any Bond shall be registered shall be deemed and regarded as the absolute owner thereof for all purposes, and payment of the principal of, premium (if any) or interest on or any Maturity Amount of any Bond shall be made only to or upon the order of the registered owner thereof or his or her legal representative. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid.

 

            No service charge shall be made for any transfer or exchange of Bonds, but the County or the Trustee may require payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection with any transfer or exchange of Bonds exchanged in the case of the issuance of a Bond or Bonds for the outstanding portion of a Bond surrendered for redemption.

 

            If any Bond, whether in temporary or definitive form, is lost (whether by reason of theft or otherwise), destroyed (whether by mutilation, damage, in whole or in part, or otherwise) or improperly cancelled, the Trustee or its proper agent may authenticate a new Bond of like date, maturity date, interest rate (or, in the case of Capital Appreciation Bonds, Yield to Maturity), denomination and Original Principal Amount (in the case of Capital Appreciation Bonds) or principal amount (in the case of other Bonds) and bearing a number not contemporaneously outstanding; provided that (a) in the case of any mutilated Bond, such mutilated Bond shall first be surrendered to the Trustee, and (b) in the case of any lost Bond or Bond destroyed in whole, there shall be first furnished to the Trustee evidence of such loss or destruction, together with indemnification of the County and the Trustee, satisfactory to the Trustee.  In the event any lost, destroyed or improperly cancelled Bond shall have matured or is about to mature, or has been called for redemption, instead of issuing a duplicate Bond, the Trustee shall pay the same without surrender thereof if there shall be first furnished to the Trustee evidence of such loss, destruction or cancellation, together with indemnity, satisfactory to it.  Upon the issuance of any substitute Bond, the Trustee may require the payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto.

 

            SECTION 7.  SECURITY.  The full faith and credit of the County are hereby irrevocably pledged to the punctual payment of the principal of, interest on and Maturity Amount of the Bonds.  The Bonds shall be direct and general obligations of the County and the County shall be obligated and hereby covenants and agrees to levy ad valorem taxes upon all the taxable property in the County for the punctual payment of the Bonds and the interest thereon, without limitation as to rate or amount.  The County hereby pledges, as equal and ratable security for the Bonds, all present and future proceeds of the Pledged Taxes on deposit in the Bond Fund for the sole benefit of the registered owners of the Bonds, subject to the reserved right of the Corporate Authorities to transfer certain interest income or investment profit earned in the Bond Fund to other funds of the County.  The pledge is 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 Bonds.  All Pledged Taxes and the moneys held in Bond Fund 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 County irrespective of whether such parties have notice thereof.

 

            SECTION 8.  FORMS OF BONDS.  The Current Interest Bonds and the Capital Appreciation Bonds shall be in substantially the forms hereinafter set forth; provided, however, that if the text of the Bonds is to be printed in its entirety on the front side of the Bonds, then the second paragraph on the front side and the legend “See Reverse Side for Additional Provisions” shall be omitted and the text of paragraphs set forth for the reverse side shall be inserted immediately after the first paragraph.  The Convertible CABs shall be prepared incorporating the provisions of the forms of Current Interest Bonds and Capital Appreciation Bonds set forth below as necessary to reflect the terms and provisions of the sale of the Convertible CABs pursuant to Section 11 hereof.  Variable Rate Bonds shall be prepared in substantially the form provided in the relevant Indenture.

 


PROPOSED ORDINANCES continued

 

ITEM #86 cont’d

 

(Form of Current Interest Bond - Front Side)

REGISTERED                                                                                                   REGISTERED
NO. _______                                                                                                         $________

UNITED STATES OF AMERICA
STATE OF ILLINOIS
THE COUNTY OF COOK
GENERAL OBLIGATION BOND, SERIES 2004__

See Reverse Side for Additional Provisions

 

Interest Rate

Maturity Date

Dated Date

CUSIP

 

 

________, 2004

 

 

Registered Owner:        CEDE & CO.

Principal Amount:         

            [1]        THE COUNTY OF COOK, (the “County”), a political subdivision and a home rule unit duly organized and existing under the laws of the State of Illinois, hereby acknowledges itself to owe and for value received promises to pay as hereinafter provided to the Registered Owner identified above, or registered assigns as hereinafter provided, the Principal Amount identified above and to pay interest (computed on the basis of a 360-day year of twelve 30-day months) on such Principal Amount at the Interest Rate identified above, from the Dated Date or from the most recent interest payment date to which interest has been paid, on each May 15 and November 15, commencing ____________, 20___, until said principal sum is paid, except as the provisions hereinafter set forth with respect to redemption prior to maturity are and become applicable hereto. Both principal hereof and premium, if any, hereon are payable in lawful money of the United States of America at the principal corporate trust office of _______________________________, Chicago, Illinois, as bond registrar, paying agent and trustee (the “Trustee”), or at any successor trustee and locality as in the hereinafter defined Bond Ordinance provided. Payment of interest shall be made to the Registered Owner hereof on the registration books of the County maintained by the Trustee at the close of business on the Regular Record Date and shall be paid by check or draft of the Trustee mailed to the address of such Registered Owner as it appears on such registration books or as otherwise agreed by the County and CEDE & Co., as nominee, or successor for so long as this Bond is held by the Depository or nominee in book-entry only form as provided for same.

 

            [2]        Reference is hereby made to the further provisions of this Bond set forth on the reverse hereof and such further provisions shall for all purposes have the same effect as if set forth at this place.

 

            [3]        This bond and each bond of the series of which it forms a part (together, the “Bonds”), are issued pursuant to Section 6 of Article VII of the 1970 Constitution of the State of Illinois, as supplemented and amended by the Local Government Debt Reform Act of the State of Illinois (the “Act”).  The Bonds are being issued for the purpose of paying the costs of the Projects (as defined in the hereinafter defined Bond Ordinance), all as more fully described in proceedings adopted by the Board of Commissioners of the County (the “Corporate Authorities”) and in an ordinance authorizing the issuance of the Bonds adopted by the Corporate Authorities on July 13, 2004 (the “Bond Ordinance”), to all the provisions of which the holder by the acceptance of this Bond assents. For the prompt payment of this Bond, both principal and interest, as aforesaid, at maturity, the Pledged Taxes are hereby irrevocably pledged.

 

            [4]        It is hereby certified and recited that all conditions, acts and things required by the Constitution and Laws of the State of Illinois to exist or to be done precedent to and in the issuance of this Bond, including the Act, have existed and have been properly done, happened and been performed in regular and due form and time as required by law; that the indebtedness of the County, represented by the Bonds, and including all other indebtedness of the County, howsoever evidenced or incurred, does not exceed any constitutional or statutory or other lawful limitation; and that provision has been made for the collection of a direct annual tax, in addition to all other taxes, on all of the taxable property in the County sufficient to pay the interest hereon as the same falls due and also to pay and discharge the principal hereof at maturity.


PROPOSED ORDINANCES continued

 

ITEM #86 cont’d

 

            [5]        This Bond shall not be valid or become obligatory for any purpose until the certificate of authentication hereon shall have been signed by the manual signature of the Trustee.

 

            [6]        IN WITNESS WHEREOF, The County of Cook, Illinois, by its Board of Commissioners, has caused this Bond to be signed by the manual or duly authorized facsimile signatures of the President and County Clerk, and its corporate seal or a facsimile thereof to be impressed or reproduced hereon, all as appearing hereon and as of the Dated Date identified above.

 

[SEAL]

____________________________________
President

____________________________________
County Clerk

 

Date of Authentication:  _____________, _____

 

CERTIFICATION OF
AUTHENTICATION

This Bond is one of the Bonds described in the within mentioned Bond Ordinance and is one of the General Obligation Bonds, Series 2004___, of The County of Cook, Illinois.


____________________________________ ,
 as Trustee

By _________________________________
      Authorized Officer

[Form of Current Interest Bond - Reverse Side]

THE COUNTY OF COOK, ILLINOIS
GENERAL OBLIGATION BOND, SERIES 2004___

            [7]        This Bond is transferable by the registered holder hereof in person or by his or her attorney duly authorized in writing at the principal corporate trust office of the Trustee in Chicago, Illinois, or at any successor Trustee and successor location, but only in the manner, subject to the limitations and upon payment of the charges provided in the Bond Ordinance, and upon surrender and cancellation of this Bond.  Upon such transfer a new Bond or Bonds of the same series and Authorized Denominations of the same maturity and for the same aggregate principal amount will be issued to the transferee in exchange therefor.  The Trustee shall not be required to transfer or exchange this Bond during the period beginning at the close of business on the fifteenth day next preceding any interest payment date for this Bond, after notice calling this Bond for redemption has been mailed, or during a period of 15 days next preceding mailing of a notice of redemption of this Bond.

 

            [8]        The Bonds are issued in fully registered form in the Authorized Denomination of $5,000 each and integral multiples thereof. This Bond may be exchanged at the principal corporate trust office of the Trustee for a like aggregate principal amount of Bonds of the same maturity of other Authorized Denominations, upon the terms set forth in the Bond Ordinance.

 

            [9]        The County and the Trustee may deem and treat the registered holder hereof as the absolute owner hereof for the purpose of receiving payment of or on account of principal hereof, premium, if any, and interest due hereon and for all other purposes, and neither the County nor the Trustee shall be affected by any notice to the contrary.


PROPOSED ORDINANCES continued

 

ITEM #86 cont’d

 

            [10]      The Bonds coming due on and after November 15, 20___, are subject to redemption prior to maturity at the option of the County, on November 15, 20___, and any date thereafter, in whole or in part, and if in part, in such principal amounts and from such maturities as determined by the County and within any maturity by lot, the Bonds to be redeemed at the redemption prices (being expressed as a percentage of the principal amount of the Bonds to be redeemed) set forth below:

 

DATES OF REDEMPTION

 

REDEMPTION PRICE

 

 

 

 

            [11]      [Provisions relating to mandatory redemption will be inserted here.]

 

            [12]      Written notice of the redemption of any or all of said Bonds shall be given by the County to the registered holder thereof by first class mail to the address shown on the registration books of the County maintained by the Trustee or at such other address as is furnished in writing by such registered owner to the Trustee.  The date of the mailing and filing of such notice shall be not more than sixty (60) and not less than thirty (30) days prior to such redemption date, and when any or all of said Bonds or any portion thereof shall have been called for redemption and payment made or provided for, interest thereon shall cease from and after the date so specified.  With respect to any redemption of Bonds, unless moneys sufficient to pay the redemption price of the Bonds to be redeemed shall have been received by the Trustee prior to the giving of the notice of redemption, such notice may, at the option of the County, state that such redemption shall be conditional upon the receipt of such moneys by the Trustee on or prior to the date fixed for redemption.  If such moneys are not received, such notice shall be of no force and effect, the Trustee shall not redeem such Bonds, and the Trustee shall give notice, in the same manner in which the notice of redemption shall have been given, that such moneys were not so received and that such Bonds will not be redeemed.

 

            [13]      The rights and obligations of the County and of the registered owners of Bonds of the series of which this Bond is one may be modified or amended at any time as more fully set forth in the Bond Ordinance.

 

[ASSIGNMENT]

FOR VALUE RECEIVED, the undersigned sells, assigns and transfers unto _____________________________________________________________________________

(Name and Address of Assignee)

the within Bond and does hereby irrevocably constitute and appoint ______________________________ or its successor as attorney to transfer the said Bond on the books kept for registration thereof with full power of substitution in the premises.

Dated:                                                                                                                                     

Signature guaranteed:                                                                                       

NOTICE:    The signature to this assignment must correspond with the name of the registered owner as it appears upon the face of the within Bond in every particular, without alteration or enlargement or any change whatever.


PROPOSED ORDINANCES continued

 

ITEM #86 cont’d

 

INSURANCE LEGEND MAY APPEAR HERE

(Form of Capital Appreciation Bond - Front Side)

REGISTERED                                                                                                      $_______________
NO. _______                                                                                                        Compound Accreted
                                                                                                                                  Value at Maturity
                                                                                                                             (“Maturity Amount”)

UNITED STATES OF AMERICA
STATE OF ILLINOIS
THE COUNTY OF COOK
GENERAL OBLIGATION BOND, SERIES 2004__

See Reverse Side for Additional Provisions

 

Maturity Date

Original Yield
to Maturity

Original Principal Amount per $5,000 Maturity Amount

Dated Date

CUSIP

 

 

 

 

 

 

Registered Owner:        CEDE & CO.

            [l]         THE COUNTY OF COOK, (the “County”) a political subdivision and a home rule unit duly organized and existing under the laws of the State of Illinois, hereby acknowledges itself to owe and for value received promises to pay to the Registered Owner identified above, or registered assigns as hereinafter provided, on the Maturity Date identified above, the Maturity Amount identified above. The amount of interest payable on this Bond on the Maturity Date hereof is the amount of interest accrued from the Dated Date hereof at a semiannual compounding rate necessary to produce the Original Yield to Maturity set forth above, compounded semiannually on each May 15 and November 15, commencing ____________ 15, _____.  The Maturity Amount of this Bond is payable in lawful money of the United States of America upon presentation and surrender of this Bond at the principal corporate trust office of                                                     Chicago, Illinois, or its successor, as trustee, bond registrar and paying agent (the “Trustee”), or at any successor trustee and locality as in the hereinafter defined Bond Ordinance provided. The Compound Accreted Value of this Bond per $5,000 Maturity Amount on May 15 and November 15 of each year, commencing ___________ 15, _____, determined by the semiannual compounding described in this paragraph shall be as set forth in the Table of Compound Accreted Value Per $5,000 of Compound Accreted Value at Maturity attached hereto.

 

            [2]        Reference is hereby made to the further provisions of this Bond set forth on the reverse hereof and such further provisions shall for all purposes have the same effect as if set forth at this place.

 

            [3]        This bond and each bond of the series of which it forms a part (together, the “Bonds”), are issued pursuant to Section 6 of Article VII of the 1970 Constitution of the State of Illinois, as supplemented and amended by the Local Government Debt Reform Act of the State of Illinois as amended (the “Act”).  The Bonds are being issued for the purpose of paying the costs of the Projects (as defined in the hereinafter defined Bond Ordinance), all as more fully described in proceedings adopted by the Board of Commissioners of the County (the “Corporate Authorities”) and in an ordinance authorizing the issuance of the Bonds adopted by the Corporate Authorities on July 13, 2004 (the “Bond Ordinance”), to all the provisions of which the holder by the acceptance of this Bond assents. For the prompt payment of this Bond, both principal and interest, as aforesaid, at maturity, the Pledged Taxes are hereby irrevocably pledged.


PROPOSED ORDINANCES continued

 

ITEM #86 cont’d

 

            [4]        It is hereby certified and recited that all conditions, acts and things required by the Constitution and Laws of the State of Illinois to exist or to be done precedent to and in the issuance of this Bond, including the Act, have existed and have been properly done, happened and been performed in regular and due form and time as required by law; that the indebtedness of the County, represented by the Bonds, and including all other indebtedness of the County, howsoever evidenced or incurred, does not exceed any constitutional or statutory or other lawful limitation; and that provision has been made for the collection of a direct annual tax, in addition to all other taxes, on all of the taxable property in the County sufficient to pay and discharge the Maturity Amount at Stated Maturity.

 

            [5]        This Bond shall not be valid or become obligatory for any purpose until the certificate of authentication hereon shall have been signed by the manual signature of the Trustee.

 

            [6]        IN WITNESS WHEREOF, The County of Cook, Illinois, by its Board of Commissioners has caused its corporate seal to be imprinted by facsimile hereon and this Bond to be signed by the manual or duly authorized facsimile signatures of the President and the County Clerk, all as of the Dated Date identified above.

 

[SEAL]

 

______________________________
President, Board of Commissioners

______________________________
County Clerk

Date of Authentication:  _____________, _____

 

CERTIFICATION OF
AUTHENTICATION

This Bond is one of the Bonds described in the within mentioned Bond Ordinance and is one of the General Obligation Bonds, Series 2004___, of The County of Cook, Illinois.

 

____________________________________ ,
 as Trustee___________________________

By _________________________________
      Authorized Officer

 

 [Form of Capital Appreciation Bond - Reverse Side]

THE COUNTY OF COOK, ILLINOIS
GENERAL OBLIGATION BOND, SERIES 2004___

            [7]        This Bond is transferable by the Registered Owner hereof in person or by his or her attorney duly authorized in writing at the principal corporate trust office of the Trustee in Chicago, Illinois, or at successor Trustee and successor location, but only in the manner, subject to the limitations and upon payment of the charges provided in the Bond Ordinance, and upon surrender and cancellation of this Bond.  Upon such transfer, a new Bond or Bonds of authorized denominations, of the same maturity and for the same aggregate Original Principal Amount will be issued to the transferee in exchange therefor.  The Trustee shall not be required to transfer or exchange this Bond during the period beginning at the close of business on the fifteenth day next preceding the Maturity Date for this Bond, after notice calling this Bond for redemption has been mailed, or during a period of 15 days next preceding mailing of a notice of redemption of this Bond.


PROPOSED ORDINANCES continued

 

ITEM #86 cont’d

 

            [8]        The Bonds are issued in fully registered form in Original Principal Amounts representing $5,000 Maturity Amount or any integral multiple thereof.  This Bond may be exchanged at the principal corporate trust office of the Trustee for a like aggregate Original Principal Amount of Bonds of the same Stated Maturity, upon the terms set forth in the Bond Ordinance.

 

            [9]        The Bonds maturing on or after November 15, ____, are subject to redemption prior to maturity at the option of the County, on November 15, ____, and any date thereafter, in whole or in part, and if in part, in such Maturity Amounts and from such maturities as determined by the County and within any maturity by lot, the Bonds to be redeemed at the redemption prices (being expressed as a percentage of the Compound Accreted Value of the Bonds to be redeemed) set forth below:

 

DATES OF REDEMPTION

 

REDEMPTION PRICE

 

 

 

 

            [10]      Written notice of the redemption of any or all of said Bonds shall be given by the County to the registered holder thereof by first class mail to the address shown on the registration books of the County maintained by the Trustee or at such other address as is furnished in writing by such registered owner to the Trustee.  The date of the mailing and filing of such notice shall be not more than sixty (60) and not less than thirty (30) days prior to such redemption date, and when any or all of said Bonds or any portion thereof shall have been called for redemption and payment made or provided for, interest thereon shall cease from and after the date so specified. With respect to any redemption of Bonds, unless moneys sufficient to pay the redemption price of the Bonds to be redeemed shall have been received by the Trustee prior to the giving of the notice of redemption, such notice may, at the option of the County, state that such redemption shall be conditional upon the receipt of such moneys by the Trustee on or prior to the date fixed for redemption.  If such moneys are not received, such notice shall be of no force and effect, the Trustee shall not redeem such Bonds, and the Trustee shall give notice, in the same manner in which the notice of redemption shall have been given, that such moneys were not so received and that such Bonds will not be redeemed.

 

            [11]      The County and the Trustee may deem and treat the Registered Owner hereof as the absolute owner hereof for the purpose of receiving payment of or on account of the Maturity Amount hereof and redemption premium, if any, hereon and for all other purposes, and neither the County nor the Trustee shall be affected by any notice to the contrary.

 

INSURANCE LEGEND MAY APPEAR HERE

*                      *                      *

TABLE OF COMPOUND ACCRETED VALUE
PER $5,000 OF COMPOUND ACCRETED VALUE AT MATURITY

*                      *                      *

[ASSIGNMENT]

FOR VALUE RECEIVED, the undersigned sells, assigns and transfers unto _____________________________________________________________________________

(Name and Address of Assignee)

the within Bond and does hereby irrevocably constitute and appoint ______________________________ or its successor as attorney to transfer the said Bond on the books kept for registration thereof with full power of substitution in the premises.

Dated:                                                                          _______________________________

Signature guaranteed:                                                                                       


PROPOSED ORDINANCES continued

 

ITEM #86 cont’d

 

NOTICE:       The signature to this assignment must correspond with the name of the registered owner as it appears upon the face of the within Bond in every particular, without alteration or enlargement or any change whatever.

            SECTION 9.  GENERAL OBLIGATIONS; PAYMENT OF PRINCIPAL, PREMIUM AND INTEREST; TAX LEVY; ABATEMENT.  For the purpose of providing the funds required to pay the principal of and interest on, or Maturity Amount of, the Bonds promptly as the same become due, there is hereby levied upon all taxable property in the County, a direct annual tax sufficient for those purposes in addition to all other taxes, (i) for each of the years 2004 to 2027, both inclusive, in the amount of $90,000,000, and (ii) for each of the years 2028 to 2033, both inclusive, in the amount of $160,000,000, provided that the amount levied for each year with respect to a particular series of Bonds shall be determined in the Bond Order with respect to such series, and any amount for any tax levy year in excess of the aggregate amount levied for such year in the Bond Orders shall not be extended for collection and shall be abated.  For this purpose, interest to accrue on Variable Rate Bonds shall be deemed to be that rate which, in the reasonable estimation of the Chief Financial Officer as he may from time to time determine, will be sufficient to pay principal of and interest on such Variable Rate Bonds when due.

 

            The Pledged Taxes and other moneys on deposit in the Bond Fund shall be applied to pay principal of and interest on, or Maturity Amount of, the Bonds.

 

            Interest or principal coming due at any time when there are insufficient funds on hand from the Pledged Taxes to pay the same shall be paid promptly when due from current funds on hand in advance of the collection of the Pledged Taxes herein levied which funds are hereby appropriated for such purpose as necessary; and when the Pledged Taxes shall have been collected, reimbursement shall be made to said funds in the amount so advanced.

 

            The County covenants and agrees with the purchasers and registered owners of the Bonds that so long as any of the Bonds remain outstanding, the County will take no action or fail to take any action which in any way would adversely affect the ability of the County to levy and collect the Pledged Taxes.  The County and its officers will comply with all present and future applicable laws in order to assure that the Pledged Taxes may be levied, extended and collected as provided herein and deposited into the Bond Fund. With respect to Variable Rate Bonds, in furtherance of the general obligation full faith and credit pledge of the County to the punctual payment of the principal of and interest on the Bonds set forth in Section 7 of this Ordinance, the County will take all actions necessary to levy in addition to the taxes described above, any direct annual tax required in excess of that levied in this Ordinance for collection on a timely basis to make all payments of the principal of and interest on such Variable Rate Bonds.

 

            A copy of this Ordinance, together with a subsequent copy of each Bond Order, duly certified by the County Clerk, shall be filed in the office of the County Clerk, and such filings shall constitute the authority for and it shall be the duty of said County Clerk, in each year as aforesaid, to extend the taxes levied pursuant to this Section and said Bond Order(s) for collection, such taxes to be in addition to and in excess of all other taxes heretofore or hereafter authorized to be levied by the County on its behalf.

 

            All receipts of the Pledged Taxes received by the County Collector shall be deposited daily, as far as practicable, with the Trustee.  All other moneys appropriated or used by the County for the payment of the principal or redemption price of, and interest on, or Maturity Amount of, the Bonds shall be paid to the Trustee.  The Trustee shall be accountable only for moneys actually so deposited with the Trustee.  The Trustee is hereby expressly authorized to establish such accounts within the Bond Fund as shall be necessary to account for the Pledged Taxes levied for each series of Bonds issued hereunder. All Pledged Taxes, and all such moneys, shall be deposited by the Trustee into the Bond Fund.

 

            The County Treasurer and the County Collector are hereby expressly authorized and directed to do, or cause to be done, all things necessary to provide for the prompt deposit with the Trustee, in accordance with this Ordinance, of all Pledged Taxes.


PROPOSED ORDINANCES continued

 

ITEM #86 cont’d

 

            Except as may be otherwise provided in a relevant Bond Order or Indenture, at any time and from time to time as the Chief Financial Officer shall determine to be necessary or advisable, the Chief Financial Officer is hereby expressly authorized, without further official action of the Corporate Authorities, to abate any portion of the Pledged Taxes levied to pay principal of and interest on Variable Rate Bonds, in the event and to the extent that the Chief Financial Officer shall determine that the collection of such Pledged Taxes will not be necessary to provide for the timely payment of the principal of and interest on such Variable Rate Bonds. The filing with the County Clerk of a certificate of abatement, signed by the President and the Chief Financial Officer, shall constitute due authorization for the County Clerk to effectuate such abatement.

 

            SECTION 10.  POWERS AS TO BONDS AND PLEDGE.  The County is duly authorized to pledge the Pledged Taxes and other moneys, securities and funds purported to be pledged by this Ordinance in the manner and to the extent provided in this Ordinance. The Pledged Taxes and other moneys, securities and funds so pledged are and will be free and clear of any pledge, lien, charge or encumbrance thereon or with respect thereto prior to, or of equal rank with, the pledge created by this Ordinance. The County shall at all times, to the extent permitted by law, defend, preserve and protect the pledge of the Pledged Taxes and other moneys, securities and funds pledged under this Ordinance and all the rights thereto of the Bondholders under this Ordinance against all claims and demands of all persons whomsoever.

 

            SECTION 11.  SALE OF THE BONDS; FORMS OF DOCUMENTS APPROVED.  The Chief Financial Officer is hereby authorized to sell all or any portion of the several series of the Bonds to the respective Underwriters from time to time on such terms as he may deem to be in the best interests of the County; provided that (a) the Purchase Price shall be at least ninety-eight percent (98%) of the proceeds of the Bonds (exclusive of any net original issue discount used in the marketing of the Bonds, not to exceed 10% of the principal amount thereof), plus accrued interest on the Bonds from their dated date to the date of their issuance, and (b) the aggregate amount of principal of and interest on and Maturity Amount of the Bonds (based, for Variable Rate Bonds, on the reasonable estimate of the Chief Financial Officer as hereinabove provided) in any year shall not exceed the aggregate amount levied therefor pursuant hereto plus capitalized interest, if any.  The Bonds may be sold from time to time as the Chief Financial Officer shall determine that the proceeds of such sales are needed.  Nothing contained in this Ordinance shall limit the sale of the Bonds or any maturity or maturities thereof at a price or prices in excess of the principal amount thereof.

 

            Subsequent to each such sale of the Bonds, the Chief Financial Officer shall file in the office of the County Clerk a Bond Order directed to the Corporate Authorities identifying (i) the terms of the sale, (ii) the amount of the Bonds being sold as Capital Appreciation Bonds, Convertible CABS or Current Interest Bonds, (iii) the amount of Bonds being sold as Variable Rate Bonds and attaching the related Indenture or Indentures, (iv) the dated date of the Bonds, sold, (v) the aggregate principal amount of Bonds sold, (vi) the principal amount of Bonds maturing and mandatorily redeemable in each year, (vii) the optional redemption provisions applicable to the Bonds sold, (viii) with respect to any Capital Appreciation Bonds being sold, the Original Principal Amounts of and Yields to Maturity on such Capital Appreciation Bonds and a table of Compound Accreted Values per $5,000 Compound Accreted Value at Maturity for such Capital Appreciation Bonds, setting forth the Compound Accreted Value of each such Capital Appreciation Bond on each semiannual compounding date, (ix) the interest rate or rates on any Current Interest Bonds sold, or, in the case of any series of Variable Rate Bonds the estimated rate used to determine the Pledged Taxes for such Variable Rate Bonds and a description (which shall be in the relevant Indenture therefor) of the methods of determining the interest rate applicable to such Variable Rate Bonds from time to time and the identity of any remarketing agent retained in connection with the issuance of Variable Rate Bonds, (x) the identity of any Insurer, (xi) the portion, if any, of the Bonds which are not Tax Exempt, (xii) the identity of any provider of a Credit Facility, and (xiii) the information regarding the title and series designation of the Bonds, together with any other matter authorized by this Ordinance to be determined by the Chief Financial Officer at the time of sale of the Bonds, and thereafter the Bonds so sold shall be duly prepared and executed in the form and manner provided herein and delivered to the respective Underwriters in accordance with the terms of sale.

 

            Any Designated Officer and such other officers of the County as may be necessary are hereby authorized to execute such other documents, as may be necessary to implement the Projects and to effect the issuance and delivery of the Bonds, including but not limited to:


PROPOSED ORDINANCES continued

 

ITEM #86 cont’d

 

            (a)        those certain Contracts of Purchase by and between the County and the Underwriters, such contracts to be provided by Schiff Hardin LLP, and Garland W. Watts & Associates, LLC, as co-Underwriters’ counsel, which forms shall be acceptable to the Chief Financial Officer and as customarily entered into by the County; and

 

(b)                such certification and documentation as may be required by Katten Muchin Zavis Rosenman, and William P. Tuggle, Esq., as co-bond counsel, including, specifically, a tax agreement, to render their opinions as to the Tax Exempt status of the interest on any Tax Exempt Bonds;

 

and execution thereof by such officers is hereby deemed conclusive evidence of approval thereof with such changes, additions, insertions, omissions or deletions as such officers may determine, with no further official action of or direction by the Corporate Authorities.

 

            The preparation, use and distribution of a preliminary official statement and an official statement relating to each sale and issuance of the Bonds are hereby ratified and approved.  The President and Chief Financial Officer are each hereby authorized to execute and deliver an official statement relating to each sale and issuance of the Bonds on behalf of the County.  The preliminary official statement and official statement herein authorized shall be in substantially the forms previously used for general obligation financings of the County with appropriate revisions to reflect the terms and provisions of the Bonds and to describe accurately the current condition of the County and the parties to the financing.

 

            In connection with any sale of the Bonds, the President or the Chief Financial Officer is hereby authorized to obtain a Credit Facility with one or more financial institutions. The President or the Chief Financial Officer is hereby authorized to enter into a reimbursement agreement and to execute and issue a promissory note in connection with the provisions of each Credit Facility. Any Credit Facility and any reimbursement agreement shall be in substantially the form of the credit facilities and reimbursement agreements previously entered into by the County in connection with the sale of general obligation bonds or notes, but with such revisions in text as the President or the Chief Financial Officer shall determine are necessary or desirable, the execution thereof by the President or the Chief Financial Officer to evidence the approval by the Corporate Authorities of all such revisions.  The annual fee paid to any financial institution that provides a Credit Facility shall not exceed three-quarters of one percent of the average principal amount of such Bonds outstanding during such annual period.  The final form of reimbursement agreement entered into by the County with respect to the Bonds shall be attached to the notification of sale filed with the County Clerk pursuant to this section. Each such promissory note shall mature not later than the final maturity date of the Bonds and shall be a general obligation of the County for the payment of which, both principal and interest, the County pledges its full faith, credit and resources.  Each such promissory note shall bear interest at a rate not exceeding 18 percent per annum.  The President or the Chief Financial Officer is hereby authorized to execute and deliver each such reimbursement agreement, under the seal of the County affixed and attached by the County Clerk.

 

            In connection with any sale of the Bonds, the President or the Chief Financial Officer is hereby authorized to obtain a policy of bond insurance from an Insurer if the Chief Financial Officer determines such bond insurance to be desirable in connection with such sale of the Bonds or any portion thereof. The President or Chief Financial Officer is hereby expressly authorized, on behalf of the County, to make such customary covenants and agreements with such Insurer as are not inconsistent with the provisions of this Ordinance.

 

The President or the Chief Financial Officer is hereby authorized to execute and deliver from time to time one or more agreements with counterparties selected by the Chief Financial Officer, the purpose of which is to hedge or manage the County’s interest cost with respect to the Bonds (or any portion thereof), or to reduce the County’s exposure to fluctuations in the interest rate or rates payable on the Bonds or to insure, protect or preserve its investments from any loss (including, without limitation, loss caused by fluctuations in interest rates, markets or in securities).  The stated aggregate notional amount under all such agreements authorized hereunder shall not exceed the principal amount of the Bonds issued hereunder (net of offsetting transactions entered into by the County).  Any such agreement to the extent practicable shall be in substantially the form of either the Local Currency - Single Jurisdiction version or the Multicurrency - Cross Border version of the 1992 ISDA Master Agreement accompanied by the U.S. Municipal Counterparty Schedule published by the International Swap Dealers Association (the “ISDA”) or any successor form to be published by the ISDA, and in the appropriate confirmations of transactions governed by that agreement, with such insertions, completions and modifications thereof as shall be approved by the officer of the County executing the same, his or her execution to constitute conclusive evidence of the Corporate Authorities’ approval of such insertions


PROPOSED ORDINANCES continued

 

ITEM #86 cont’d

 

completions and modifications thereof.  Amounts payable by the County under any such agreement (being “Swap Payments”) shall constitute operating expenses of the County payable from any moneys, revenues, receipts, income, assets or funds of the County available for such purpose or be payable from the sources pledged to the payment of the Bonds, as the Chief Financial Officer may from time to time determine. Such amounts shall not constitute an indebtedness of the County for which its full faith and credit is pledged.  Nothing contained in this Section shall limit or restrict the authority of the President or the Chief Financial Officer to enter into similar agreements pursuant to prior or subsequent authorization of the Corporate Authorities.

 

            SECTION 12.  CREATION OF FUNDS AND APPROPRIATIONS.

 

A.                 There is hereby created the “General Obligation Bonds, Series 2004, Bond Fund” (the “Bond Fund”), which shall be the fund for the payment of principal of and interest on and Maturity Amount of the Bonds.  The Bond Fund shall be held and maintained as a separate and segregated account by the Trustee.  Accounts within the Bond Fund may be created as necessary for any series of Bonds as specified in a relevant Bond Order or, for Variable Rate Bonds, as provided in a relevant Indenture.  Accrued interest, capitalized interest and premium, if any, received upon delivery of the Bonds shall be deposited into the Bond Fund and be applied to pay first interest coming due on the Bonds.

 

            The Pledged Taxes shall either be deposited into the Bond Fund and used solely and only for paying the principal of and interest on or Maturity Amount of the Bonds or be used to reimburse a fund or account from which advances to the Bond Fund may have been made to pay principal of or interest on or Maturity Amount of the Bonds prior to receipt of Pledged Taxes. Interest income or investment profit earned in the Bond Fund shall be retained in the Bond Fund for payment of the principal of and interest on Current Interest Bonds and Variable Rate Bonds and Maturity Amount of Capital Appreciation Bonds on the interest payment date next after such interest or profit is received or, to the extent lawful and as determined by the Chief Financial Officer, transferred to such other funds as may be determined. On or after July 15, 2007, capitalized interest, if any, deposited to and remaining in the Bond Fund for any Variable Rate Bonds shall be transferred to such other funds or accounts as the Chief Financial Officer shall determine.

 

B.                 The remaining proceeds of the Bonds shall be set aside in one or more separate funds of the County, hereby created, and designated as the “Public Safety Project Fund,” the “Health Fund Project Fund,” the “Corporate Project Fund,” the “Capital Equipment Project Fund,” and the “Insurance Reserve Fund” (collectively, the “Project Funds”).  Any Project Fund may further be divided into accounts and designated the “Series Bonds Project Account” (an “Account”).  The Project Funds shall be held and maintained as separate and segregated accounts by the Trustee. Moneys in the Project Funds may be withdrawn or may be transferred among the Project Funds by the County to pay the costs of the Projects upon requisition by the Chief Financial Officer or any other employee of the County designated by the Chief Financial Officer.

 

            Alternatively, the Chief Financial Officer may allocate the proceeds of the Bonds to one or more related project funds or accounts of the County already in existence; provided, however, that this shall not relieve the County and such officer of the duty to account for the proceeds as if any Project Fund or Account were created as herein provided.  The County by its Corporate Authorities reserves the right, as it becomes necessary from time to time, to change the purposes of expenditure of any Project Fund or its accounts, to change priorities, to revise cost allocations between expenditures and to substitute projects, in order to meet current needs of the County; subject, however, to the provisions of the Act and to the tax covenants of the County relating to the Tax Exempt status of interest on Tax Exempt Bonds.

 

            C.         The sum necessary, as determined by the Chief Financial Officer, of the principal proceeds of the Bonds shall be deposited into a separate and segregated fund, hereby created, to be known as the “Expense Fund” (the “Expense Fund”) and shall be used by the County to pay costs of issuance of the Bonds in accordance with normal County disbursement procedures. Any funds remaining to the credit of the Expense Fund on the date which is six months following the date of delivery of the Bonds shall be transferred to the County Treasurer for deposit into such fund or account of the County as the Chief Financial Officer may direct.


PROPOSED ORDINANCES continued

 

ITEM #86 cont’d

 

            D.        The moneys on deposit in the Bond Fund may be invested from time to time in Qualified Investments.  Any such investments may be sold from time to time by the Trustee without further direction from the County as moneys may be needed for the purposes for which the Bond Fund has been created.  The moneys on deposit in each Project Fund shall be invested in any lawful investment for County funds. In addition, the Chief Financial Officer shall direct the Trustee (which direction may be by facsimile transmission by the County to the Trustee and confirmed by facsimile transmission by the Trustee to the County) to sell such investments when necessary to remedy any deficiency in the Bond Fund, any Project Fund or any accounts created therein.  All other investment earnings shall be attributed to the account for which the investment was made.

 

            E.         All moneys (not including securities) held by the Trustee subject to the provisions of this Section may be deposited by it, on demand or time deposit, in its banking department or with such banks, national banking associations, trust companies, savings banks or savings and loan associations, that are members of the Federal Deposit Insurance Corporation as may be designated by the President or the Chief Financial Officer. No such moneys shall be deposited with any such financial institution in an amount exceeding 50 percent of the amount that an officer of such financial institution shall certify to the Trustee and the Chief Financial Officer as the combined capital and surplus of such financial institution.  No such moneys shall be deposited or remain on deposit with any such financial institution in excess of the amount insured or guaranteed by the Federal Deposit Insurance Corporation, unless (a) such financial institution shall have lodged with the trust department of the Trustee or with a Federal Reserve Bank or branch or, with the written approval of the Trustee and the Chief Financial Officer, pledged to some other financial institution for the benefit of the County and the holders of Bonds, as collateral security for the moneys deposited, Federal Obligations or Agency Obligations having a market value (exclusive of accrued interest) at least equal to 100 percent of the amount of such moneys, and (b) the Trustee shall have a perfected first lien in the Federal Obligations or Agency Obligations serving as collateral, and such Federal Obligations or Agency Obligations shall be free from all third party liens. The Trustee shall allow and credit interest on any such moneys held by it at such rate as it customarily allows upon similar funds of similar size and under similar conditions or as required by law. Interest in respect of moneys or on securities in any fund shall be credited in each case to the fund in which such moneys or securities are held.

 

            F.         The County may invest any moneys in a repurchase agreement.  Each repurchase agreement shall meet the requirements of the Public Funds Investment Act of the State of Illinois, as amended, or be secured by Federal Obligations or Agency Obligations or obligations described in clause (d) of the definition of Qualified Investments having a market value, marked to market weekly, at least equal to 102 percent of the amount invested in the repurchase agreement plus accrued interest. The Trustee shall at all times have a first lien in such Federal Obligations or Agency Obligations perfected (i) by possession of certificated securities held by the Trustee or held by a third party acting on behalf of the Trustee if the Trustee is providing the collateral securities, or (ii) under the book-entry procedures specified in 31 Code of Federal Regulations 306.1 et seq. or 31 Code of Federal Regulations 350.0 et seq. The President or the Chief Financial Officer is hereby authorized to enter into, execute and deliver any investment or repurchase agreement authorized by this Ordinance, and any additional documents as shall be necessary to accomplish the purposes of any such agreement.

 

G.                 Other funds or accounts appropriate for Variable Rate Bonds, such as a purchase fund to accommodate demands for purchase of such Bonds and the remarketing of same to other Bond owners, may be created in the Indenture.

 

            SECTION 13.  GENERAL TAX COVENANTS.

 

            The County 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 Tax Exempt Bond to become subject to federal income taxes in addition to federal income taxes to which interest on such Tax Exempt Bond is subject on the date of original issuance thereof.

 

            The County shall not permit any of the proceeds of the Tax Exempt Bonds, or any facilities financed with such proceeds, to be used in any manner that would cause any Tax Exempt Bond to constitute a “private activity bond” within the meaning of Section 141 of the Code of.


PROPOSED ORDINANCES continued

 

ITEM #86 cont’d

 

            The County shall not permit any of the proceeds of the Tax Exempt Bonds or other moneys to be invested in any manner that would cause any Tax Exempt Bond to constitute an “arbitrage bond” within the meaning of Section 148 of the Code or a “hedge bond” within the meaning of Section 149(g) of the Code.

 

            The County 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 14.  FINANCING TEAM APPROVED.  The selection of the following party or parties in the capacities as indicated is hereby ratified and approved:

 

Capacity

 

Party or Parties

Trustee

 

Amalgamated Bank of Chicago

Series 2004B Taxable Underwriters

 

George K. Baum & Co.
Mesirow Financial, Inc.
LaSalle Capital Markets

Blaylock & Partners

Series 2004C Tax-Exempt Variable Underwriters

 

Lehman Brothers, Inc.
Samuel A. Ramirez & Co., Inc.
Banc One Capital Markets, Inc.
Podesta & Co.

Series 2004D Tax-Exempt Fixed Underwriters

 

Loop Capital Markets, LLC

William Blair & Company
DuSable Partners, LLC
Grigsby & Associates, Inc.
Siebert Brandford Shank & Co., LLC
Fifth Third Securities, Inc.

Banc of America Securities, LLC

Co-Bond Counsel

 

Katten Muchin Zavis Rosenman
William P. Tuggle, Esq.

Co-Underwriter’s Counsel

 

Schiff Hardin LLP

Garland W. Watts & Associates, LLC

Co-Financial Advisors

 

A.C. Advisory, Inc.
Gardner, Underwood & Bacon LLC
DJ Walker Advisors

 

            SECTION 15.  VARIABLE RATE BOND DOCUMENTS.  If the Variable Rate Bonds may be issued as auction rate securities, then the Indenture shall be supplemented by the addition of appropriate auction rate procedures.  In connection with the marketing of Variable Rate Bonds, the County may enter into one or more remarketing agreements and may appoint one or more remarketing agents.  If the Variable Rate Bonds may be issued as auction rate securities, then the County may enter into one or more Broker Dealer Agreements with one or more broker dealers and may enter into one or more auction agent agreements with auction agents for the administration of the auctions that will be required in connection with the auction rate securities.  Any Indenture for Variable Rate Bonds shall conform as fully as may be practicable to the provisions of Sections 16 to 42, inclusive, hereof, but need not be identical, giving effect to the unique features of such Bonds.

 

 

            SECTION 16.  PAYMENT AND DISCHARGE.  Variable Rate Bonds shall be subject to payment, provision for payment and defeasance as provided in a relevant Indenture.  Current Interest Bonds and Capital Appreciation Bonds may be discharged, payment provided for, and the County’s liability terminated as follows:


PROPOSED ORDINANCES continued

 

ITEM #86 cont’d

 

(a)    Discharge of Indebtedness.  If (i) the County shall pay or cause to be paid to the registered owners of the Bonds the principal, premium, if any, and interest, in the case of Current Interest Bonds, and the Maturity Amount, in the case of Capital Appreciation Bonds, to become due thereon at the times and in the manner stipulated therein and herein, (ii) all fees and expenses of the Trustee shall have been paid, and (iii) the County shall keep, perform and observe all and singular the covenants and promises in the Bonds and in this Ordinance expressed as to be kept, performed and observed by it or on its part, then these presents and the rights hereby granted shall cease, determine and be void. If the County shall pay or cause to be paid to the registered owners of all Outstanding Bonds of a particular series, or of a particular maturity within a series, the principal, premium, if any, and interest, in the case of Current Interest Bonds, and the Maturity Amount, in the case of Capital Appreciation Bonds, to become due thereon at the times and in the manner stipulated therein and herein, such Bonds shall cease to be entitled to any lien, benefit or security under the Ordinance, and all covenants, agreements and obligations of the County to the holders of such Bonds shall thereupon cease, terminate and become void and discharged and satisfied

 

(b)        Provision for Payment. Bonds for the payment or redemption or prepayment of which sufficient monies or sufficient Defeasance Obligations shall have been deposited with the Trustee or an escrow agent having fiduciary capacity (whether upon or prior to the maturity or the redemption date of such Bonds) shall be deemed to be paid within the meaning of this Ordinance and no longer outstanding under this Ordinance; provided, however, that if such Bonds are to be redeemed prior to the maturity thereof, notice of such redemption shall have been duly given as provided in this Ordinance or arrangements satisfactory to the Trustee shall have been made for the giving thereof.  Defeasance Obligations shall be considered sufficient only if said investments mature and bear interest in such amounts and at such times as will assure sufficient cash to pay currently maturing interest, principal or Maturity Amount, as applicable, and redemption premiums if any when due on the Bonds without rendering the interest on any Bonds taxable under the Code.

 

            The County may at any time surrender to the Trustee for cancellation by it any Bonds previously authenticated and delivered hereunder, which the County may have acquired in any manner whatsoever, and such Bonds, upon such surrender and cancellation, shall be deemed to be paid and retired.

 

(c)        Termination of County’s Liability.  Upon the discharge of indebtedness under paragraph (a) hereof, or upon the deposit with the Trustee of sufficient money and Defeasance Obligations (such sufficiency being determined as provided in paragraph (b) hereof) for the retirement of any particular Bond or Bonds, all liability of the County in respect of such Bond or Bonds shall cease, determine and be completely discharged and the holders thereof shall thereafter be entitled only to payment out of the money and the proceeds of the Defeasance Obligations deposited with aforesaid for their payment.

 

            SECTION 17.  DUTIES OF TRUSTEE.

 

            (a)        Subject to a different provision in an Indenture for Variable Rate Bonds, the Trustee shall exercise its rights and powers and use the same degree of care and skill in their exercise as a prudent person would exercise or use under the circumstances in the conduct of such person’s own affairs.

 

            (b)        Subject to a different provision in an Indenture for Variable Rate Bonds, the Trustee need perform only those duties that are specifically set forth in this Ordinance and no others. In the absence of bad faith on its part, the Trustee may conclusively rely, as to the truth of the statements and the correctness of the opinions expressed, upon certificates or opinions furnished to the Trustee and conforming to the requirements of this Ordinance.  However, the Trustee shall examine the certificates and opinions to determine whether they conform to the requirements of this Ordinance.

 

            (c)        Subject to a different provision in an Indenture for Variable Rate Bonds, the Trustee may not be relieved from liability for its own gross negligent action, its own gross negligent failure to act or its own willful misconduct, except that:

 

            (1)        this paragraph does not limit the effect of paragraph (b) of this Section,

 

            (2)        the Trustee shall not be liable for any error of judgment made in good faith by a responsible officer of the Trustee, unless it is proved that the Trustee was negligent in ascertaining the pertinent facts,


PROPOSED ORDINANCES continued

 

ITEM #86 cont’d

 

            (3)        no provision of this Ordinance shall require the Trustee to expend or risk its own funds or otherwise incur any financial liability in the performance of any of its duties hereunder or in the exercise of any of its rights or powers, if it shall have reasonable grounds for believing that repayment of such funds or adequate indemnity against such risk or liability is not reasonably assured to it.

 

            (d)        Subject to a different provision in an Indenture for Variable Rate Bonds, every provision of this Ordinance that in any way relates to the Trustee is subject to all the paragraphs of this Section.

 

            (e)        Subject to a different provision in an Indenture for Variable Rate Bonds, the Trustee may refuse to perform any duty or exercise any right or power, or to make any payment on any Bond to any holder of such Bond, unless it receives indemnity satisfactory to it against any loss, liability or expense.

 

            (f)        Subject to a different provision in an Indenture for Variable Rate Bonds, the Trustee shall not be liable for interest on any cash held by it except as the Trustee may agree with the County or as set forth herein.

 

            SECTION 18.  RIGHTS OF TRUSTEE.  Subject to the foregoing Section and subject to a different provision in an Indenture for Variable Rate Bonds:

 

            (a)        The Trustee may rely on any document reasonably believed by it to be genuine and to have been signed or presented by the proper person. The Trustee need not investigate any fact or matter stated in the document.

 

(b)        Before the Trustee acts or refrains from acting, it may require a certificate of an appropriate officer or officers of the County or an opinion of counsel. The Trustee shall not be liable for any action it takes or omits to take in good faith in reliance on the certificate or opinion of counsel.

 

            (c)        The Trustee may act through agents or co-trustees and shall not be responsible for the misconduct or negligence of any agent or co-trustee appointed with due care.

 

            SECTION 19.  INDIVIDUAL RIGHTS OF TRUSTEE.  The Trustee in its individual or any other capacity may become the owner or pledgee of Bonds and may otherwise deal with the County with the same rights it would have if it were not Trustee. Any paying agent may do the same with like rights.

 

            SECTION 20.  TRUSTEE’S DISCLAIMER.  The Trustee makes no representation as to the validity or adequacy of this Ordinance or the Bonds; it shall not be accountable for the County’s use of the proceeds from the Bonds paid to the County, and it shall not be responsible for any statement in the Bonds other than its certificate of authentication.

 

            SECTION 21.  ELIGIBILITY OF TRUSTEE.  This Ordinance and any Indenture shall always have a Trustee that is a commercial bank with trust powers or a trust company organized and doing business under the laws of the United States of America or any state thereof, is authorized under such laws to exercise corporate trust powers and is subject to supervision or examination by United States or state authority. If at any time the Trustee ceases to be eligible in accordance with this Section, the Trustee shall resign immediately as set forth in Section 22.

 

            SECTION 22.  REPLACEMENT OF TRUSTEE.  Subject to a different provision in an Indenture for Variable Rate Bonds, the Trustee may resign with thirty (30) days’ written notice to the County, effective upon the execution, acknowledgment and delivery by a successor Trustee to the County of appropriate instruments of succession.  Provided that no Event of Default shall have occurred and be continuing, the County may remove the Trustee and appoint a successor Trustee at any time by an instrument or concurrent instruments in writing delivered to the Trustee; provided, however, that the holders of a majority in aggregate principal amount of Bonds outstanding at the time may at any time remove the Trustee and appoint a successor Trustee by an instrument or concurrent instrument in writing signed by such Bondholders, and further provided that any conflict between the County and such holders regarding such removal and appointment shall be resolved in favor of such holders. Such successor Trustee shall be a corporation authorized under applicable laws to exercise corporate trust powers and may be incorporated under the laws of the United States of America or of any state thereof.  Such successor Trustee shall in all respects meet the requirements set forth in Section 21 hereof.


PROPOSED ORDINANCES continued

 

ITEM #86 cont’d

 

            Subject to a different provision in an Indenture for Variable Rate Bonds, if the Trustee resigns or is removed or if a vacancy exists in the office of Trustee for any reason, the County shall promptly appoint a successor Trustee.

 

            Subject to a different provision in an Indenture for Variable Rate Bonds, a successor Trustee shall deliver a written acceptance of its appointment to the retiring Trustee and to the County.  Immediately thereafter, the retiring Trustee shall transfer all property held by it as Trustee to the successor Trustee; the resignation or removal of the retiring Trustee shall then (but only then) become effective, and the successor Trustee shall have all the rights, powers and duties of the Trustee under this Ordinance and the relevant Indenture.

 

            Subject to a different provision in an Indenture for Variable Rate Bonds, if a successor Trustee does not take office within 60 days after the retiring Trustee resigns or is removed, the retiring Trustee, the County or the registered owners a majority in principal amount of the Bonds then outstanding may petition any court of competent jurisdiction for the appointment of a successor Trustee.

 

            SECTION 23.  SUCCESSOR TRUSTEE BY MERGER.  Subject to a different provision in an Indenture for Variable Rate Bonds, if the Trustee consolidates with, merges or converts into, or transfers all or substantially all its assets (or, in the case of a bank or trust company, its corporate trust assets) to, another corporation, the resulting, surviving or transferee corporation without any further act shall be the successor Trustee.

 

            SECTION 24.  COMPENSATION.  All reasonable fees and expenses of the Trustee shall be paid by the County from cash on hand and lawfully available.

 

            SECTION 25.  DEFINITION OF EVENTS OF DEFAULT; REMEDIES.  Subject to a different provision in an Indenture for Variable Rate Bonds, if one or more of the following events, herein called “Events of Default”, shall happen, that is to say, in case:

 

            (i)         default shall be made in the payment of the principal of or redemption premium, if any, or the Maturity Amount on any Outstanding Bond when the same shall become due and payable, either at maturity or by proceedings for redemption or otherwise; or

 

            (ii)         default shall be made in the payment of any installment of interest on any Outstanding Bond when and as such installment of interest shall become due and payable; or

 

            (iii)        the County shall (1) commence a voluntary case under the Federal bankruptcy laws, as now or hereafter constituted, or any other applicable Federal or state bankruptcy, insolvency or other similar law, (2) make an assignment for the benefit of its creditors, (3) consent to the appointment of a receiver of itself or of the whole or any substantial part of its property, or (4) be adjudicated a bankrupt or any petition for relief shall be filed in respect of an involuntary case under the Federal bankruptcy laws, as now or hereafter constituted, or any other applicable Federal or state bankruptcy, insolvency or other similar law and such order continue in effect for a period of 60 days without stay or vacation; or

 

            (iv)        a court of competent jurisdiction shall enter an order, judgment or decree appointing a receiver of the County, or of the whole or any substantial part of its property, or approving a petition seeking reorganization of the County under the Federal bankruptcy laws or any other applicable Federal or state law or statute and such order, judgment or decree shall not be vacated or set aside or stayed within 60 days from the date of the entry thereof; or

 

            (v)        under the provisions of any other law for the relief or aid of debtors, any court of competent jurisdiction shall assume custody or control of the County or of the whole or any substantial part of its property, and such custody or control shall not be terminated or stayed within 60 days from the date of assumption of such custody or control;


PROPOSED ORDINANCES continued

 

ITEM #86 cont’d

 

then in each and every such case the Trustee may, and upon the written request of the registered owners of twenty-five percent (25%) in principal amount of the Bonds (measured by principal amount of Current Interest Bonds and Variable Rate Bonds and by the then Compound Accreted Value of Capital Appreciation Bonds) affected by the Event of Default and then outstanding hereunder shall, proceed to protect and enforce its rights and the rights of the holders of the Bonds by a suit, action or special proceeding in equity or at law, by mandamus or otherwise, either for the specific performance of any covenant or agreement contained herein or in aid or execution of any power herein granted or for any enforcement of any proper legal or equitable remedy as the Trustee, being advised by counsel, shall deem most effectual to protect and enforce the rights aforesaid.

 

During the continuance of an Event of Default, all Pledged Taxes received by the Trustee under this Ordinance from the County shall be applied by the Trustee in accordance with the terms of Section 33 of this Ordinance.

 

            SECTION 26.  NOTICES OF DEFAULT UNDER ORDINANCE.  Subject to a different provision in an Indenture for Variable Rate Bonds, promptly after the occurrence of an Event of Default or the occurrence of an event which, with the passage of time or the giving of notice or both, would constitute an Event of Default, the Trustee shall mail to the Bondholders at the address shown on the Bond Register, the Insurer, and also directly to any beneficial owner of $500,000 or more in aggregate principal amount of Current Interest Bonds or Variable Rate Bonds or Original Principal Amount of Capital Appreciation Bonds then Outstanding at such address as the Trustee shall obtain from the Depository, notice of all Events of Default or such events known to the Trustee unless such defaults or prospective defaults shall have been cured before the giving of such notice.

 

            SECTION 27.  TERMINATION OF PROCEEDINGS BY TRUSTEE.  Subject to a different provision in an Indenture for Variable Rate Bonds, in case any proceedings taken by the Trustee on account of any default shall have been discontinued or abandoned for any reason, or shall have been determined adversely to the Trustee, then and in every such case the County, the Trustee, the Bondholders shall be restored to their former positions and rights hereunder, respectively, and all rights, remedies and powers of the Trustee shall continue as though no such proceeding had been taken.

 

            SECTION 28.  RIGHT OF HOLDERS TO CONTROL PROCEEDINGS.  Subject to the provisions of any Commitment, and subject to a different provision in an Indenture for Variable Rate Bonds, anything in this Ordinance to the contrary notwithstanding, the registered owners of a majority in principal amount of the Bonds (measured by principal amount of Current Interest Bonds and Variable Rate Bonds and by the then Compound Accreted Value of Capital Appreciation Bonds) then outstanding shall have the right, by an instrument in writing executed and delivered to the Trustee, to direct the method and place of conducting all remedial proceedings to be taken by the Trustee hereunder in respect of the Bonds, respectively; provided that such direction shall not be otherwise than in accordance with law and the Trustee shall be indemnified to its satisfaction against the costs, expenses and liabilities to be incurred therein or thereby.

 

            SECTION 29.  RIGHT OF HOLDERS TO INSTITUTE SUIT.  Subject to the provisions of any Commitment, and subject to a different provision in an Indenture for Variable Rate Bonds, no holder of any of the Bonds shall have any right to institute any suit, action or proceeding in equity or at law for the execution of any trust hereunder, or for any other remedy hereunder or on the Bonds unless such holder previously shall have given to the Trustee written notice of an Event of Default as hereinabove provided, and unless also the registered owners of twenty-five percent (25%) in principal amount of the Bonds (measured by principal amount of Current Interest Bonds and Variable Rate Bonds and by the then Compound Accreted Value of Capital Appreciation Bonds) then outstanding shall have made written request of the Trustee after the right to exercise such powers, or right of action, as the case may be, shall have accrued, and shall have afforded the Trustee a reasonable opportunity either to proceed to exercise the powers hereinbefore granted, or to institute such action, suit, or proceeding in its name; and unless, also, there shall have been offered to the Trustee security and indemnity satisfactory to it against the costs, expenses and liabilities to be incurred therein or thereby, and the Trustee shall have refused or neglected to comply with such request within a reasonable time; and such notification, request and offer of indemnity are hereby declared in every such case, at the option of the Trustee, to be conditions precedent to the execution of the powers and trusts of this Ordinance or for any other remedy hereunder; it being understood and intended that no one or more holders of the Bonds shall have any right in any manner whatever by his, her or their action to affect, disturb or prejudice the security of this Ordinance, or to enforce any right hereunder, except in the manner herein provided, and that all proceedings at law or in equity shall be instituted, had and maintained in the manner herein provided and for the equal benefit of all holders of the outstanding Bonds, respectively.


PROPOSED ORDINANCES continued

 

ITEM #86 cont’d

 

            Nothing in this Section contained shall, however, affect or impair the right of any Bondholder, which is absolute and unconditional, to enforce the payment of the principal of and redemption premium, if any, and interest on his or her Bonds, respectively, out of the Bond Fund, or the obligation of the County to pay the same, at the time and place in the Bonds expressed.

 

            SECTION 30.  SUITS BY TRUSTEE.  All rights of action under this Ordinance, or under any of the Bonds, enforceable by the Trustee, may be enforced by it without the possession of any of the Bonds or the production thereof at the trial or other proceeding relative thereto, and any such suit, or proceeding, instituted by the Trustee shall be brought in its name for the ratable benefit of the holders of the Bonds affected by such suit or proceeding, subject to the provisions of this Ordinance.

 

            SECTION 31.  REMEDIES CUMULATIVE.  No remedy herein conferred upon or reserved to the Trustee, the Bondholders, or to the Insurer is intended to be exclusive of any other remedy or remedies, and each and every such remedy shall be cumulative, and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute.

 

            SECTION 32.  WAIVER OF DEFAULT.  No delay or omission of the Trustee or of any Bondholder to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver of any such default, or an acquiescence therein; and every power and remedy given by this Section to the Trustee and the Bondholders, respectively, may be exercised from time to time, and as often as may be deemed expedient. In the event any Event of Default shall be waived by the Bondholders or the Trustee, such waiver shall be limited to the particular Event of Default so waived and shall not be deemed to waive any other Event of Default hereunder.

 

            SECTION 33.  APPLICATION OF MONIES AFTER DEFAULT.  Subject to a different provision in an Indenture for Variable Rate Bonds, and subject to any Commitment, the County covenants that if an Event of Default shall happen and shall not have been remedied, the Trustee shall apply all monies, securities and funds received by the Trustee pursuant to any right given or action taken under the provisions of this Article as follows:

 

            (1)        First, to the payment of all reasonable costs and expenses of collection, fees, and other amounts due to the Trustee hereunder; and thereafter,

 

            (2)        Second, to the payment of amounts, if any, payable to the United States Treasury pursuant to any Tax Agreement;

 

            (3)        All such remaining monies shall be applied as follows:

 

                        (A)       first, to the payment to the persons entitled thereto of all installments of interest on Outstanding Bonds then due, in the order of the maturity of such installments, and, if the amount available shall not be sufficient to pay in full any particular installment, then to the payment ratably, according to the amounts due on such installment, to the persons entitled thereto, without any discrimination or preference;

 

                        (B)       second, to the payment to the persons entitled thereto of the unpaid principal or then current Compound Accreted Value of and premium, if any, on any of the Outstanding Bonds which shall have become due (other than Bonds matured or called for redemption for the payment of which monies are held pursuant to the provisions of this Ordinance), in the order of their due dates, with interest upon such Outstanding Current Interest Bonds from the respective dates upon which they became due, and, if the amount available shall not be sufficient to pay in full Outstanding Bonds due on any particular date, together with such premium, then to the payment ratably according to the amount of principal and premium due on such date, and then to the payment of such principal or then current Compound Accreted Value ratably according to the amount of such principal due on such date, to the persons entitled thereto without any discrimination or preference; and

 

                        (C)       third, to the payment of Swap Payments.


PROPOSED ORDINANCES continued

 

ITEM #86 cont’d

 

Whenever monies are to be applied by the Trustee pursuant to the provisions of this paragraph, such monies shall be applied by the Trustee at such times, and from time to time, as the Trustee in its sole discretion shall determine, having due regard to the amount of such monies available for application and the likelihood of additional monies becoming available for such application in the future. The deposit of such monies with the paying agents, or otherwise setting aside such monies, in trust for the proper purpose, shall constitute proper application by the Trustee; and the Trustee shall incur no liability whatsoever to the County to any Bondholder or to any other person for any delay in applying any such funds, so long as the Trustee acts with reasonable diligence, having due regard to the circumstances, and ultimately applies the same in accordance with such provisions of this Ordinance as may be applicable at the time of application by the Trustee.  Whenever the Trustee shall exercise such discretion in applying such funds, it shall fix the date (which shall be an interest payment date unless the Trustee shall deem another date more suitable) upon which such application is to be made and upon such date interest on the amounts of principal paid on such date shall cease to accrue. The Trustee shall give such notice as it may deem appropriate of the fixing of any such date and of the endorsement to be entered on each Bond on which payment shall be made, and shall not be required to make payment to the holder of any unpaid Bond until such Bond shall be presented to the Trustee for appropriate endorsement, or some other procedure deemed satisfactory by the Trustee.

 

            SECTION 34.  ORDINANCE A CONTRACT.  The provisions of this Ordinance shall constitute a contract between the County and the registered owners of the Bonds, and no changes, additions or alterations of any kind shall be made hereto, except as herein provided.

 

            SECTION 35.  SUPPLEMENTAL ORDINANCES.  Supplemental ordinances may be passed as follows:

 

            (a)        Supplemental Ordinances Not Requiring Consent of Bondholders.  The County by the Corporate Authorities, and the Trustee from time to time and at any time, subject to the conditions and restrictions in this Ordinance and any Commitment contained, may pass and accept an ordinance or ordinances supplemental hereto, which ordinance or ordinances thereafter shall form a part hereof, for any one or more of the following purposes:

 

                        (i)         To add to the covenants and agreements of the County in this Ordinance contained, other covenants and agreements thereafter to be observed or to surrender, restrict or limit any right or power herein reserved to or conferred upon the County;

 

                       (ii)         To make such provisions for the purpose of curing any ambiguity, or of curing, correcting or supplementing any defective provision contained in this Ordinance, or in regard to matters or questions arising under this Ordinance, as the County may deem necessary or desirable and not inconsistent with this Ordinance and which in the opinion of the Trustee shall not adversely affect the interests of the registered owners of the Bonds;

 

                       (iii)         To designate one or more tender or similar agents of the Trustee, bond registrars or paying agents;

 

                       (iv)        To comply with the provisions of Section 16 hereof when money and the Defeasance Obligations designated therein sufficient to provide for the retirement of Bonds shall have been deposited with the Trustee; and

 

                       (v)         as to Bonds which are authorized but unissued hereunder to change in any way the terms upon which such Bonds may be issued or secured.

 

Any supplemental ordinance authorized by the provisions of this Section may be passed by the County and accepted by the Trustee without the consent of or notice to the registered owners of any of the Bonds at the time outstanding, but with notice to the Insurer, notwithstanding any of the provisions of paragraph (b) of this Section, but the Trustee shall not be obligated to accept any such supplemental ordinance which affects the Trustee’s own rights, duties or immunities under this Ordinance or otherwise.


PROPOSED ORDINANCES continued

 

ITEM #86 cont’d

 

(b)        Supplemental Ordinances Requiring Consent of Bondholders.  With the consent (evidenced as provided in Section 39) of the registered owners of not less than a majority in aggregate principal amount of the Bonds, at the time outstanding, and subject to any Commitment, the County, by the Corporate Authorities may pass, and the Trustee may accept from time to time and at any time an ordinance or ordinances supplemental hereto for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions of this Ordinance or of any supplemental ordinance; provided that no such modification or amendment shall extend the maturity or reduce the interest rate on or otherwise alter or impair the obligation of the County to pay the principal, interest or redemption premium, if any, at the time and place and at the rate and in the currency provided therein of any Bond, without the express consent of the registered owner of such Bond or permit the creation of a preference or priority of any Bond or Bonds over any other Bond or Bonds, or reduce the percentage of Bonds, respectively, required for the affirmative vote or written consent to an amendment or modification, or deprive the registered owners of the Bonds (except as aforesaid) of the right to payment of the Bonds from the Pledged Taxes without the consent of the registered owners of all the Bonds then outstanding.  Upon receipt by the Trustee of a certified copy of such ordinance and upon the filing with the Trustee of evidence of the consent of Bondholders as aforesaid, the Trustee shall accept unless such supplemental ordinance affects the Trustee’s own rights, duties or immunities under this Ordinance or otherwise, in which case the Trustee may in its discretion, but shall not be obligated to, accept such supplemental ordinance.

 

It shall not be necessary for the consent of the Bondholders under this paragraph to approve the particular form of any proposed supplemental ordinance, but it shall be sufficient if such consent shall approve the substance thereof.

 

Promptly after the passage by the County and the acceptance by the Trustee of any supplemental ordinance pertaining to the Bonds pursuant to the provisions of this paragraph, the County shall publish a notice, setting forth in general terms the substance of such supplemental ordinance, at least once in a financial newspaper or journal printed in the English language, customarily published on each business day and of general circulation among dealers in municipal securities in the City of New York, New York. If, because of temporary or permanent suspension of the publication or general circulation of any financial newspaper or journal or for any other reason it is impossible or impractical to publish such notice of supplemental ordinance in the manner herein provided, then such publication in lieu thereof as shall be made with the approval of the Trustee shall constitute sufficient publication of notice. Any failure of the County to given such notice, or any defect therein, shall not, however, in any way impair or affect the validity of any such supplemental ordinance.

 

(c)        Supplemental Ordinance to Modify this Ordinance.  Upon the execution of any supplemental ordinance pursuant to the provisions of this Section, this Ordinance shall be modified and amended in accordance therewith and the respective rights, duties and obligations under this Ordinance of the County, the Trustee and all registered owners of Bondholders, respectively, outstanding thereunder shall thereafter be determined, exercised and enforced hereunder subject in all respects to such modification and amendments, and all the terms and conditions of any such supplemental ordinance shall be and be deemed to be part of the terms and conditions of this Ordinance for any and all purposes.

 

(d)        Trustee May Rely Upon Opinion of Counsel Re: Supplemental Ordinance.  The Trustee may receive an opinion of counsel as conclusive evidence that any supplemental ordinance executed pursuant to the provisions of this Section complies with the requirements of this Section.

 

(e)        Notation.  Bonds authenticated and delivered after the execution of any supplemental ordinance pursuant to the provisions of this Section may bear a notation, in form approved by the Trustee, as to any matter provided for in such supplemental ordinance, and if such supplemental ordinance shall so provide, new bonds, so modified as to conform, in the opinion of the Trustee and the Corporate Authorities, to any modification of this Ordinance contained in any such supplemental ordinance, may be prepared by the County, authenticated by the Trustee and delivered without cost to the registered owners of the Bonds then outstanding, upon surrender for cancellation of such Bonds in equal aggregate principal amounts.

 

            SECTION 36.  EFFECT OF CONSENTS.  After an amendment or supplement to this Ordinance becomes effective, it will bind every Bondholder. For purposes of determining the total number of Bondholders’ consents, each Bondholder’s consent will be effective with respect to the Bondholder who consented to it and each subsequent holder of a Bond or portion of a Bond evidencing the same debt as the consenting holder’s Bond.


PROPOSED ORDINANCES continued

 

ITEM #86 cont’d

 

            SECTION 37.  SIGNING BY TRUSTEE OF AMENDMENTS AND SUPPLEMENTS.  The Trustee will sign any amendment or supplement to the Ordinance or the Bonds authorized hereunder if the amendment or supplement does not adversely affect the rights, duties, liabilities or immunities of the Trustee. If it does, the Trustee may, but need not, sign it. In signing an amendment or supplement, the Trustee will be entitled to receive and (subject to Section 21 of this Ordinance) will be fully protected in relying on an opinion of counsel stating that such amendment or supplement is authorized by this Ordinance.

 

            SECTION 38.  NOTICES.

 

(a)        Subject to a different provision in an Indenture for Variable Rate Bonds, any notice, request, direction, designation, consent, acknowledgment, certification, appointment, waiver or other communication required or permitted by this Ordinance or the Bonds must be in writing except as expressly provided otherwise in this Ordinance or the Bonds.

 

(b)        Subject to a different provision in an Indenture for Variable Rate Bonds, any notice or other communication shall be sufficiently given and deemed given when delivered by hand or mailed by first-class mail, postage prepaid, addressed as follows: if to the County, to the County of Cook, Illinois, 118 North Clark Street, Room 500, Chicago, Illinois 60602, Attention: Chief Financial Officer; if to the Trustee, to One West Monroe Street, Chicago, Illinois 60603, Attention: Corporate Trust Administration. Any addressee may designate additional or different addresses for purposes of this Section.

 

(c)        Subject to a different provision in an Indenture for Variable Rate Bonds, any notice or other communication required to any Bondholder shall be sufficiently given and deemed given when delivered by hand or mailed by first-class mail, postage prepaid, addressed to such Bondholder at the address set forth in the Bond Register.

 

(d)        Any notice or other communication required to be given directly to any beneficial owner of $500,000 or more in aggregate principal amount of Bonds then outstanding shall be sufficiently given and deemed given when delivered by hand or mailed by first-class mail, postage prepaid, to such beneficial owner at the address provided by the Depository.

 

            SECTION 39.  BONDHOLDERS’ CONSENTS.  Subject to a different provision in an Indenture for Variable Rate Bonds, any consent or other instrument required by this Ordinance to be signed by Bondholders may be in any number of concurrent documents and may be signed by a Bondholder by the holder’s agent appointed in writing. Proof of the execution of such instrument or of the instrument appointing an agent and of the ownership of Bonds, if made in the following manner, shall be conclusive for any purposes of this Ordinance with regard to any action taken by the Trustee under the instrument:

 

(a)        The fact and date of a person’s signing an instrument may be proved by the certificate of any officer in any jurisdiction who by law has power to take acknowledgments within that jurisdiction that the person signing the writing acknowledged before the officer the execution of the writing, or by an affidavit of any witness to the signing.

 

(b)        The fact of ownership of Bonds, the amount or amounts, numbers and other identification of such Bonds and the date of holding shall be proved by the registration books kept pursuant to this Ordinance.

 

Any action, consent or other instrument shall be irrevocable and shall bind any subsequent owner of such Bond or any Bond delivered in substitution therefor.

 

For purposes of determining consent under this Ordinance of holders of the Bonds, the outstanding principal amount of the Bonds shall be deemed to exclude the Bonds owned by or under the control of the County.

 

            SECTION 40.  LIMITATION OF RIGHTS.  Nothing expressed or implied in this Ordinance or the Bonds shall give any person other than the Trustee, the County, or the Bondholders any right, remedy or claim under or with respect to this Ordinance.


PROPOSED ORDINANCES continued

 

ITEM #86 cont’d

 

            SECTION 41.  PARTIAL INVALIDITY.  If any section, paragraph, clause or provision of this Ordinance shall be held invalid, the invalidity of such section, paragraph, clause or provision shall not affect any of the other provisions of this Ordinance.

 

            SECTION 42.  LIST OF BONDHOLDERS.  The Trustee shall maintain a list of the names and addresses of the holders of all Bonds and upon any transfer shall add the name and address of the new Bondholder and eliminate the name and address of the transferor Bondholder.

 

            SECTION 43.  RIGHTS AND DUTIES OF TRUSTEE.  If requested by the Trustee, the President and County Clerk of the County are authorized to execute the Trustee’s standard form of agreement between the County and the Trustee with respect to the obligations and duties of the Trustee as Bond Registrar hereunder which may include the following:

 

(a)        to act as bond registrar, authenticating agent, paying agent and transfer agent as provided herein;

 

(b)        to maintain a list of Bondholders as set forth herein and to furnish such list to the County upon request, but otherwise to keep such list confidential;

 

(c)        to give notice of redemption of Bonds as provided herein;

 

(d)        to cancel and/or destroy Bonds which have been paid at maturity or upon earlier redemption or submitted for exchange or transfer;

 

(e)        to furnish the County at least annually a certificate with respect to Bonds cancelled and/or destroyed; and

 

(f)        to furnish the County at least annually an audit confirmation of Bonds paid, Bonds Outstanding and payments made with respect to interest on the Bonds.

 

The County Clerk of the County is hereby directed to file a certified copy of this Ordinance with the Trustee.

 

            SECTION 44.  PRIOR INCONSISTENT PROCEEDINGS.  All ordinances, resolutions, motions or orders, or parts thereof, in conflict with the provisions of this Ordinance, are to the extent of such conflict hereby repealed.

 

            SECTION 45.  IMMUNITY OF OFFICERS AND EMPLOYEES OF COUNTY.  No recourse shall be had for the payment of the principal of or premium or interest on any of the Bonds or for any claim based thereon or upon any obligation, covenant or agreement in this Ordinance contained against any past, present or future elected or appointed officer, director, member, employee or agent of the County, or of any successor public corporation, as such, either directly or through the County or any successor public corporation, under any rule of law or equity, statute or constitution or by the enforcement of any assessment or penalty or otherwise, and all such liability of any such elected or appointed officers, directors, members, employees or agents as such is hereby expressly waived and released as a condition of and consideration for the passage of this Ordinance and the issuance of such Bonds.

 

            SECTION 46.  CONTINUING DISCLOSURE UNDERTAKINGS.  The Designated Officers are hereby authorized to execute and deliver one or more Continuing Disclosure Undertakings, each in customary form, to effect compliance with Rule 15c2-12 adopted by the Securities and Exchange Commission under the Securities Exchange Act of 1934. When any Continuing Disclosure Undertaking is executed and delivered on behalf of the County, it will be binding on the County and the officers, agents, and employees of the County, and the same are hereby authorized and directed to do all such acts and things and to execute all such documents as may be necessary to carry out and comply with the provisions of such Continuing Disclosure Undertaking as executed and delivered. Notwithstanding any other provisions hereof, the sole remedies for failure to comply with any Continuing Disclosure Undertaking shall be the ability of the beneficial owner of any Bond to seek mandamus or specific performance by court order, to cause to the County to comply with its obligations thereunder.

 

            SECTION 47.  PASSAGE AND APPROVAL.  PRESENTED, PASSED, APPROVED AND RECORDED by The County of Cook, Illinois, a home rule unit of government, this 13th day of July, 2004.


RESOLUTIONS

 

ITEM #87

 

APPROVED

 

Submitting a Proposed Resolution sponsored by

 

CARL R. HANSEN, County Commissioner

 

Co-Sponsored by

 

JOHN H. STROGER, JR., PRESIDENT, JERRY BUTLER, FORREST CLAYPOOL,

EARLEAN COLLINS, JOHN P. DALEY, ELIZABETH ANN DOODY GORMAN,

GREGG GOSLIN, ROBERTO MALDONADO, JOSEPH MARIO MORENO,

JOAN PATRICIA MURPHY, ANTHONY J. PERAICA, MIKE QUIGLEY,

PETER N. SILVESTRI, DEBORAH SIMS, BOBBIE L. STEELE and LARRY SUFFREDIN,

County Commissioners

 

RESOLUTION

 

WHEREAS, on June 5, 2004, Ronald Reagan, the 40th President of the United States, was called from our midst at the age of 93; and

 

WHEREAS, Ronald Reagan was born in Tampico, Illinois on February 6, 1911, and moved to Dixon, Illinois when he was nine, where he starred in high school football, taught Sunday school, and was a lifeguard.  He graduated from Eureka College in 1932; and

 

WHEREAS, Ronald Reagan learned the importance of compassion for people as a result of growing up during the Depression in the hard-hit Midwest, and he assumed responsibility at an early age in order to support his family; and

 

WHEREAS, Ronald Reagan pursued a successful career in broadcasting in the Midwest, followed by a career in Hollywood during which he made over fifty movies and served as head of the Screen Actors Guild; and

 

WHEREAS, Ronald Reagan served his country during difficult times in his two consecutive terms as Governor of California from 1967 to 1975, and then as President of the United States from 1981 to 1989; and

 

WHEREAS, Ronald Reagan’s optimism, character, and ability to communicate helped to restore the confidence of Americans in their country; and

 

WHEREAS, President Reagan’s principled opposition to Communism undoubtedly hastened the demise of the repressive and dangerous regime that was the Soviet Union, and helped to eventually end the division of continental Europe, and to bring “peace through strength” by winning the Cold War; and

 

WHEREAS, when President Reagan took office, the U.S. economy was beset by historically high interest rates, high inflation and a rise in the unemployment rate to double digits. However, by the end of President Reagan’s second term in 1989, 16 million jobs had been created while inflation was reduced; and

 

WHEREAS, upon learning that he had Alzheimer’s disease in 1993, Ronald Reagan gracefully exited public life just as he had handled his previous bouts of illness and injury, by writing an open letter to the American people in which his optimism for America remained undiminished, when he said, “I know that for America there will always be a bright dawn ahead.”

 

Now, therefore BE IT RESOLVED, that the Board of Commissioners of Cook County does hereby express its sorrow at the passing of President Ronald Reagan, and extends its deepest sympathy to the family of this great man, a man whose optimism, energy, and intelligence restored Americans’ vision of the United States of America as “that shining city on a hill.”

 

*  *  *  *  *


RESOLUTIONS continued

 

ITEM #88

 

REFERRED TO THE COMMITTEE ON LEGISLATION AND INTERGOVERNMENTAL RELATIONS #266180

 

Submitting a Proposed Resolution sponsored by

 

FORREST CLAYPOOL, GREGG GOSLIN, ANTHONY J. PERAICA, MIKE QUIGLEY

and LARRY SUFFREDIN, County Commissioners

 

Co-Sponsored by

 

ROBERTO MALDONADO, PETER N. SILVESTRI and DEBORAH SIMS, County Commissioners

 

PROPOSED RESOLUTION

 

THE LOBBYIST CONSOLIDATION RESOLUTION

 

WHEREAS, different branches of Cook County government employ non county employee paid outside lobbyists to lobby on county issues before the state legislature; and

 

WHEREAS, the Cook County Board of Commissioners approves more than $400,000 a year from the budget for contracts to retain separate lobbyists for branches of Cook County government; and

 

WHEREAS, because the lobbying agenda is not centrally managed, the county’s message is often diluted or inconsistent; and

 

WHEREAS, sometimes County officials use paid outside lobbyists to promote positions in direct opposition to those of the Cook County Board; and

 

WHEREAS, Cook County needs to present a unified front on pending state legislation; and

 

WHEREAS, the Cook County Board of Commissioners has oversight authority over all branches of Cook County government and the responsibility for the prudent budgeting and management of tax dollars; and

 

WHEREAS, trying to maintain a balanced budget, the Cook County Board of Commissioners should not authorize the payment of large lobbyist contracts; and

 

WHEREAS, constitutionally Cook County elected officials can deploy trained County staff to monitor pending legislation if they so choose; and

 

WHEREAS, a plethora of lobbyists make it impossible for the County to speak with one unified voice in Springfield; and

 

WHEREAS, the Office of the President of the Cook County Board of Commissioners currently employs two lobbyists who should solely represent the interests of Cook County.

 

NOW, THEREFORE, BE IT RESOLVED:

 

Beginning July 1, 2004, following the end of the Illinois General Assembly spring session, the Cook County Board of Commissioners will no longer approve lobbying contracts submitted by branches of Cook County government.  The Office of the President of the Cook County Board of Commissioners, with approval from the Board, will retain two lobbyists to represent Cook County on pending state legislative matters.  No lawyer or lobbyist hired to represent the County may represent, as private counsel on non-government issues, any County elected official or political committee of any County elected official while they represent the County.

 

*  *  *  *  *

 


RESOLUTIONS continued

 

ITEM #89

 

APPROVED

 

Submitting a Proposed Resolution sponsored by

 

JOSEPH MARIO MORENO and ROBERTO MALDONADO, County Commissioners

 

Co-Sponsored by

 

JOHN H. STROGER, JR., PRESIDENT, JERRY BUTLER, FORREST CLAYPOOL,

EARLEAN COLLINS, JOHN P. DALEY, ELIZABETH ANN DOODY GORMAN, GREGG GOSLIN, CARL R. HANSEN, JOAN PATRICIA MURPHY, ANTHONY J. PERAICA, MIKE QUIGLEY, PETER N. SILVESTRI, DEBORAH SIMS, BOBBIE L. STEELE and LARRY SUFFREDIN,

County Commissioners

 

RESOLUTION

 

Whereas, Vicente Fox Quesada first ran for public office in 1988 and was elected to Congress representing the 3rd district in Leon, Guanajuato, then in 1995 he was elected governor of Guanajuato; he won the Presidential elections of 2000, representing the “Alliance for Change” comprised of two political parties, the PAN and PVEM; and

                                      

Whereas, Vicente Fox Quesada is visiting the United States for a three-day, three-state visit, his second visit to the U.S. as President of Mexico and his third as an elected official; and

 

Whereas, he will arrive on June 16, 2004 to Chicago to inaugurate the new offices of The Consulate General of Mexico located at 204 South Ashland Avenue, thus keeping his word when in 2001 he promised to build a bigger and more efficient Consulate to the Mexican community; and

 

Whereas, the offices of The Consulate General of Mexico in Chicago are the largest in the world, the only new offices built during his presidency, and they where completely financed by the Mexican government at a cost of nearly eight million dollars; and

 

Whereas, on June 17, 2004 he will visit the installations of Unity Middle High School in Cicero and will meet privately with elected officials of Hispanic origin to discuss and emphasize the need of strategies in educating children of Mexican origin, to better their school life and future opportunities; and

 

Whereas, he wants to promote the interests of the Mexican community in the Midwest, knowing that the Chicago metropolitan area holds the largest percentage of residents of Mexican origin in Illinois; and

 

Whereas, his visit to the United States will continue with a visit to Michigan on June 17, 2004 and will end in Minnesota on June 18, 2004; and

 

Whereas, he will be accompanied by his wife, Marta Sahagun; the Secretary of Education, Reyes Tamez; the Secretary of Foreign Relations, Luis Ernesto Derbez; and the Dean of the National Autonomous University of Mexico (UNAM), Juan Ramon de la Fuente.

 

Now, therefore, be it resolved, that the President and the Members of the Cook County Board of Commissioners do hereby extend a warm welcome to the President of Mexico, Vicente Fox Quesada, his wife and members of the cabinet that accompany him to this visit to the United States; and

 

Be it further resolved, that this text be spread upon the official proceedings of this Honorable Body, and a ceremonial copy of same be presented to Carlos Sada, Consul General of Mexico in Chicago, to commemorate this occasion.

 


CONSENT CALENDAR

 

ITEM #90

 

APPROVED (CONSENT CALENDAR ITEM #3 WAS WITHDRAWN)

 

Pursuant to Rule 4-33, the Secretary to the Board of Commissioners hereby transmits Resolutions for your consideration.  The Consent Calendar Resolutions shall be published in the Post Board Action Agenda and Journal of Proceedings as prepared by the Clerk of the Board.

 

There are 9 Consent Calendar items for June 15, 2004.

 

CC ITEM #1

 

Submitting a Resolution sponsored by

 

PETER N. SILVESTRI, County Commissioner

 

Co-Sponsored by

 

JOHN H. STROGER, JR., PRESIDENT, JERRY BUTLER, FORREST CLAYPOOL,

EARLEAN COLLINS, JOHN P. DALEY, ELIZABETH ANN DOODY GORMAN,

GREGG GOSLIN, CARL R. HANSEN, ROBERTO MALDONADO,

JOSEPH MARIO MORENO, JOAN PATRICIA MURPHY, ANTHONY J. PERAICA,

MIKE QUIGLEY, DEBORAH SIMS, BOBBIE L. STEELE AND LARRY SUFFREDIN,

County Commissioners

 

RESOLUTION

 

Commemorating the 100th Anniversary of Holy Rosary Parish

 

WHEREAS, Holy Rosary Parish opened in 1904 to serve the Italian immigrant population of Chicago’s Near West Side; and

 

WHEREAS, Holy Rosary has, over the years, served admirably many Italian parishioners and welcomed new Hispanic faithful to the congregation; and

 

WHEREAS, Holy Rosary reaches out to former parishioners by holding homecoming masses several times a year; and

 

WHEREAS, Holy Rosary Parish operated an elementary school, administered by the Sisters of Mercy until the late 1970s, graduating many young men and women who have later succeeded in a variety of fields; and

 

WHEREAS, to celebrate the remarkable history of this parish while ensuring its future vitality, Holy Rosary Church will host an anniversary banquet on July 10, 2004, exactly 100 years after the church was dedicated; and

 

WHEREAS, current parishioner Frank Belcastro and former parishioner Dolores Paccagnini Garro will be honored at the banquet; and

 

WHEREAS, the anniversary celebration will be spearheaded by Bishop Lawrence Sabatini, C.S, pastor of Holy Rosary and champion of the parish’s revival; and

 

WHEREAS, Holy Rosary had fallen into disrepair, but is now rehabilitated and poised to embark on its next hundred years.

 

NOW, THEREFORE, BE IT RESOLVED, that the President and Board of Commissioners of the County of Cook do hereby congratulate Bishop Sabatini and all past and present parishioners of Holy Rosary Parish on this 100th anniversary.

 

*  *  *  *  *


CONSENT CALENDAR continued

 

ITEM #90 cont’d

 

CC ITEM #2

 

Submitting a Resolution sponsored by

 

BOBBIE L. STEELE, County Commissioner

 

Co-Sponsored by

 

JOHN H. STROGER, JR., PRESIDENT, JERRY BUTLER, FORREST CLAYPOOL,

EARLEAN COLLINS, JOHN P. DALEY, ELIZABETH ANN DOODY GORMAN,

GREGG GOSLIN, CARL R. HANSEN, ROBERTO MALDONADO,

JOSEPH MARIO MORENO, JOAN PATRICIA MURPHY, ANTHONY J. PERAICA,

MIKE QUIGLEY, PETER N. SILVESTRI, DEBORAH SIMS and LARRY SUFFREDIN,

County Commissioners

 

RESOLUTION

 

WHEREAS, Officer William D. Freeman will retire from the Chicago Police Department on June 15, 2004; and

 

WHEREAS, Officer Freeman has demonstrated his commitment to law enforcement, the Chicago Police Department, and the residents of Chicago by serving 40 years on the police force; and

 

WHEREAS, Officer Freeman completed his field training in the 11th Police District and was assigned to the 13th Police District; and

 

WHEREAS, Officer Freeman conducted Foot Patrol in the Henry Horner Homes in 1968, during a turbulent time in our country’s history; and

 

WHEREAS, Officer Freeman has made it home to his family at the end of every shift for last forty years; and

 

WHEREAS, Officer Freeman has received numerous accolades for his service, including several commendations from the Chicago Police Department, Letters of Compliments from citizens of Chicago, the Public Service Award from the Junior Chamber of Commerce, Community Service Award from Pilgrim Rest Church and the SPSA Superior Service Award; and

 

WHEREAS, he has also received many honorable mentions from the Chicago Police Department for apprehending criminals and solving crimes; and

 

WHEREAS, Officer Freeman has contributed significantly to busting up street gangs; and

 

WHEREAS, Officer Freeman has mentored numerous young men to provide them alternatives to joining gangs; and

 

WHEREAS, he has made personal investment in Chicago communities and residents to create safer streets, schools and neighborhoods.

 

NOW, THEREFORE, BE IT RESOLVED, that the President and Members of the Board of Commissioners, on behalf of the more than five million residents of Cook County, do hereby extend to Officer William D. Freeman our sincerest congratulations on his retirement.  This Honorable Body and the people of Cook County celebrate your 40 years of committed service to the Chicago Police Department; and

 

BE IT FURTHER RESOLVED, that a suitable copy of this Resolution be spread upon the official proceedings of this Honorable Body and that a copy of same be tendered to Officer William D. Freeman memorializing his exemplary law enforcement career.

 

*  *  *  *  *


CONSENT CALENDAR continued

 

ITEM #90 cont’d

 

CC ITEM #3

 

WITHDRAWN

 

Submitting a Resolution sponsored by

 

LARRY SUFFREDIN and ANTHONY J. PERAICA, County Commissioners

 

Co-Sponsored by

 

JOHN H. STROGER, JR., PRESIDENT, JERRY BUTLER, FORREST CLAYPOOL,

EARLEAN COLLINS, JOHN P. DALEY, ELIZABETH ANN DOODY GORMAN,

GREGG GOSLIN, CARL R. HANSEN, ROBERTO MALDONADO,

JOSEPH MARIO MORENO, JOAN PATRICIA MURPHY, MIKE QUIGLEY,

PETER N. SILVESTRI, DEBORAH SIMS and BOBBIE L. STEELE, County Commissioners

 

PROPOSED RESOLUTION

 

WHEREAS, on April 1, 2003, voters of Manheim School District 83 approved a referendum, by a vote of over 58%, a proposition to support an increase in property taxes for support of local education; and

 

WHEREAS, all duly required legal notices of the referendum proposition clearly indicated the purposes of said proposition and its impact; and

 

WHEREAS, after the passage of the proposition it has been determined that the stated purpose could not be met because of an alleged technical defect in the proposition; and

 

WHEREAS, failure to implement this proposition has deprived the District and the schoolchildren of needed educational resources; and

 

WHEREAS, the Illinois General Assembly has the power to curatively remedy such a situation and has utilized such powers on many occasions; and

 

WHEREAS, Senate Bill 3090 sponsored by Senator Don Harmon and Representative Angelo Saviano has been introduced in the 93rd Illinois General Assembly and approved by the Senate to provide appropriate relief in this situation.

 

NOW, THEREFORE, BE IT RESOLVED, that the Cook County Board of Commissioners acknowledge its support of Senate Bill 3090 and/or other appropriate legislative remedy for Manheim School District 83.

 

BE IT FURTHER RESOLVED, that suitable copies of this Resolution be delivered to Governor Blagojevich, Senate President Emil Jones, Jr. and House Speaker Michael J. Madigan; and

 

BE IT FURTHER RESOLVED, that this Resolution shall take effect on the date of its passage and approval.

 

*  *  *  *  *

 

CC ITEM #4

 

Submitting a Resolution sponsored by

 

JOHN P. DALEY and PRESIDENT JOHN H. STROGER, JR., County Commissioners

 

Co-Sponsored by

 

JERRY BUTLER, FORREST CLAYPOOL, EARLEAN COLLINS,

ELIZABETH ANN DOODY GORMAN, GREGG GOSLIN, CARL R. HANSEN,

ROBERTO MALDONADO, JOSEPH MARIO MORENO, JOAN PATRICIA MURPHY,

ANTHONY J. PERAICA, MIKE QUIGLEY, PETER N. SILVESTRI, DEBORAH SIMS,

BOBBIE L. STEELE AND LARRY SUFFREDIN, County Commissioners


CONSENT CALENDAR continued

 

ITEM #90 cont’d

 

CC ITEM #4 cont’d

 

RESOLUTION

 

WHEREAS, it has come to the attention of the Cook County Board of Commissioners that Mr. Daniel Sayre has recently retired from professional employment with the Chicago Department of Streets and Sanitation, thus concluding a long term of loyal and dedicated public service in city government going back 30 year; and

 

WHEREAS, in the course of his career with the City of Chicago in various capacities, Daniel Sayre has been recognized for his capabilities and leadership; and

 

WHEREAS, during the span of his three decades with the City of Chicago, Daniel Sayre held the essential positions of Traffic Patrol Serviceman, Traffic Patrol Supervisor, Foreman Truck Driver, and Superintendent of Towing, wherein he developed key innovations to better protect the citizens of Chicago by ensuring the smooth flow of vehicular traffic; and

 

WHEREAS, throughout his career, Daniel Sayre has performed his various duties and responsibilities with admirable skill and proficiency, and has displayed a professionalism and commitment to service which exemplifies excellence in the public sector; and

 

WHEREAS, Daniel Sayre provided invaluable expertise in the planning and direction of numerous special events requiring traffic control, such as presidential motorcades, World Cup Soccer, the Democratic National Convention, and numerous sporting events; and

 

WHEREAS, Daniel Sayre has compiled a longstanding employment record of dedication and diligence that stands as a model for all to emulate; and

 

WHEREAS, Daniel Sayre can now use his well-earned retirement time to better enjoy the company of his wife Jennifer, son Daniel and daughter Stephanie (Joseph), his grandchildren Marissa and Ashley, and his many friends.

 

NOW, THEREFORE, BE IT RESOLVED, that the Board of Commissioners of Cook County does hereby extend its congratulations to Daniel Sayre on the occasion of his retirement, and joins all who have had the pleasure of his friendship in wishing him many years of health and richly deserved happiness; and

 

BE IT FURTHER RESOLVED, that this text be spread upon the official proceedings of this Honorable Body, and a ceremonial copy of same be presented to Daniel Sayre to commemorate this occasion.

 

*  *  *  *  *

 

CC ITEM #5

 

Submitting a Resolution sponsored by

 

ANTHONY J. PERAICA, County Commissioner

 

Co-Sponsored by

 

JOHN H. STROGER, JR., PRESIDENT, JERRY BUTLER, FORREST CLAYPOOL,

EARLEAN COLLINS, JOHN P. DALEY, ELIZABETH ANN DOODY GORMAN,

GREGG GOSLIN, CARL R. HANSEN, ROBERTO MALDONADO,

JOSEPH MARIO MORENO, JOAN PATRICIA MURPHY, MIKE QUIGLEY,

PETER N. SILVESTRI, DEBORAH SIMS, BOBBIE L. STEELE and LARRY SUFFREDIN,

County Commissioners


CONSENT CALENDAR continued

 

ITEM #90 cont’d

 

CC ITEM #5 cont’d

 

RESOLUTION

 

WHEREAS, the first “Government Day” for children from Belfast, Ireland, will take place on Monday, July 12, 2004; and

 

WHEREAS, the boys and girls have traveled over 4,500 miles to arrive in the United States; and

 

WHEREAS, the boys and girls will stay thirty-five days with American Host families throughout Chicago and the surrounding suburbs; and

 

WHEREAS, the children are between eleven and fourteen years of age; and

 

WHEREAS, the chaperones for this event  are volunteer school teachers; and

 

WHEREAS, the children will visit amusement parks, take part in boat rides, camps, sightseeing, sporting events, water parks and fun activities; and

 

WHEREAS, members of The Irish Children’s Fund located in Villa Park, Illinois have coordinated this tour with the help of Mary Jo Porter, Program Director  and Bonnie Derwinski, Executive Director, and many others who have diligently worked many hours in planning this trip.

 

NOW, THEREFORE, BE IT RESOLVED, that this text be spread upon the official proceedings of this Honorable Body, and an official copy be tendered to the students of Belfast, Ireland, in honor of their first “Government Day” in the United States on July 12, 2004.

 

*  *  *  *  *

 

CC ITEM #6

 

Submitting a Resolution sponsored by

 

ANTHONY J. PERAICA, County Commissioner

 

Co-Sponsored by

 

JOHN H. STROGER, JR., PRESIDENT, JERRY BUTLER, FORREST CLAYPOOL,

EARLEAN COLLINS, JOHN P. DALEY, ELIZABETH ANN DOODY GORMAN,

GREGG GOSLIN, CARL R. HANSEN, ROBERTO MALDONADO,

JOSEPH MARIO MORENO, JOAN PATRICIA MURPHY, MIKE QUIGLEY,

PETER N. SILVESTRI, DEBORAH SIMS, BOBBIE L. STEELE and LARRY SUFFREDIN,

County Commissioners

 

RESOLUTION

 

WHEREAS, American Legion Post 1941 of 900 South La Grange Road will hold their 60th anniversary on Saturday, June 19, 2004; and

 

WHEREAS, the Post Number 1941 designates the year when the United States entered the war; and

 

WHEREAS, Post Number 1941 was founded under the guidance of La Grange Post 41 for the growing number of veterans returning home after World War II; and

 

WHEREAS, Post Number 1941 has grown from the fifteen original members who started the post to over 600 members today; and

 

WHEREAS, the post name of Robert E. Coulter, Jr. was selected as a tribute to U.S. Army Air Corps Major Robert E. Coulter, Jr. who was the son of Mr. and Mrs. Robert E. Coulter of La Grange, who died in action as a pilot of a Flying Fortress over North Africa in 1943; and


CONSENT CALENDAR continued

 

ITEM #90 cont’d

 

CC ITEM #6 cont’d

 

WHEREAS, Robert E. Coulter, Jr. was the first La Grange resident to lose his life for his country and his portrait is displayed in his honor at the post home; and

 

WHEREAS, Post 1941 actively sponsors many scout troops, school bands, baseball teams and many other community projects; and

 

WHEREAS, Post 1941 has provided scholarships to local area high school seniors to further their education and sponsored Boy Scout Troop 19; and

 

WHEREAS, members of Post 1941 have provided many services to others and shown outstanding compassion to the hospitalized veterans with frequent visits and gifts.

 

NOW, THEREFORE, BE IT RESOLVED, that this text be spread upon the official proceedings of this Honorable Body, and an official copy be tendered to the Commander of Robert E. Coulter Post 1941, Larry Jaderberg, commemorating its 60th anniversary on June 19, 2004.

 

*  *  *  *  *

 

CC ITEM #7

 

Submitting a Resolution sponsored by

 

LARRY SUFFREDIN, County Commissioner

 

Co-Sponsored by

 

JOHN H. STROGER, JR., PRESIDENT, JERRY BUTLER, FORREST CLAYPOOL,

EARLEAN COLLINS, JOHN P. DALEY, ELIZABETH ANN DOODY GORMAN,

GREGG GOSLIN, CARL R. HANSEN, ROBERTO MALDONADO,

JOSEPH MARIO MORENO, JOAN PATRICIA MURPHY, ANTHONY J. PERAICA,

MIKE QUIGLEY, PETER N. SILVESTRI, DEBORAH SIMS and BOBBIE L. STEELE,

County Commissioners

 

RESOLUTION

 

In Memory of Kenneth A. Whitney

 

WHEREAS, Kenneth Arthur Whitney died on June 4, 2004; and

 

WHEREAS, Kenneth A. Whitney was a devoted husband to Eleanor, with whom he shared 34 years of marriage, and father to sons Ryan and Scott; and

 

WHEREAS, throughout his life, Kenneth A. Whitney cherished his family and valued the time he was able to spend with his mother Lurnetta Whitney, brothers Timothy, John and Thomas and their families, his sister Barbara, his father Timothy Eric Whitney, Sr. and brother Raymond who proceeded him in death; and

 

WHEREAS, Mr. Whitney, known as Ken to his family, friends and colleagues, was a man of great compassion and conviction who time and again stood up for the issues he believed in and always endeavored to share his experiences and knowledge with others; and

 

WHEREAS, a life long advocate of social justice issues, Ken Whitney was particularly interested in education issues and was known as an outspoken advocate for quality education in racially balanced settings; and

 

WHEREAS, Ken Whitney was proud to call Evanston home for 28 years and had a great interest in the civic and cultural affairs of the City, including his tenure from 1991 to 1995 on the District 65 School Board, during which he also served for a time as its president; and


CONSENT CALENDAR continued

ITEM #90 cont’d

 

CC ITEM #7 cont’d

 

WHEREAS, admitted to the Illinois Bar in 1972, Ken Whitney had a distinguished law career which included serving as Chief Counsel for the Department of General Services for the State of Illinois during the Walker Administration and for 23 years, he served as the in-house legal counsel for Motorola; and

 

WHEREAS, Ken strongly believed in giving back to his community; he freely gave of his time and resources to numerous boards and organizations including Kappa Alpha Psi Fraternity, Inc., of which he was a lifetime member, and the NAACP North Shore Chapter; he was also the founder of the Evanston African American Research Group and a founding board member of Shorefront journal; and

 

WHEREAS, Ken Whitney was loved and respected by his friends and colleagues whose lives he touched.

 

NOW, THEREFORE, BE IT RESOLVED, that the Cook County Board of Commissioners does hereby offer its deepest condolences and most heartfelt sympathy to the family and many friends of Kenneth A. Whitney and joins them in sorrow at this time of loss; and

                       

BE IT FURTHER RESOLVED, that a suitable copy of this Resolution be spread upon the official proceedings of this Honorable Body and that an official copy of same be tendered to the family of Kenneth A. Whitney so that his memory may be so honored and ever cherished.

 

*  *  *  *  *

 

CC ITEM #8

 

Submitting a Resolution sponsored by

 

JOHN P. DALEY and PRESIDENT JOHN H. STROGER, JR., County Commissioners

 

Co-Sponsored by

 

JERRY BUTLER, FORREST CLAYPOOL, EARLEAN COLLINS,

ELIZABETH ANN DOODY GORMAN, GREGG GOSLIN, CARL R. HANSEN,

ROBERTO MALDONADO, JOSEPH MARIO MORENO, JOAN PATRICIA MURPHY,

ANTHONY J. PERAICA, MIKE QUIGLEY, PETER N. SILVESTRI, DEBORAH SIMS,

BOBBIE L. STEELE and LARRY SUFFREDIN, County Commissioners

 

RESOLUTION

 

WHEREAS, it has come to the attention of the Cook County Board of Commissioners that Mr. Kevin Joseph Fitzpatrick will soon retire from professional employment with the City of Chicago, thus concluding a long term of loyal and dedicated public service in city government going back more than 30 years; and

 

WHEREAS, in the course of his career with the City of Chicago in various capacities, Kevin Fitzpatrick has been recognized for his capabilities and leadership; and

 

WHEREAS, after beginning his career as a young intern in the Office of the Mayor, Kevin Fitzpatrick went on to other positions with the Department of Streets and Sanitation, the Department of General Services, and the Department of Fleet Management; and

 

WHEREAS, Kevin Fitzpatrick was recognized for his talent and abilities with an appointment to the key position of Director of Maintenance Operations for Fleet Management, a position he held until his retirement in May of 2004; and

 

WHEREAS, throughout his career Kevin Fitzpatrick has performed his various duties and responsibilities with admirable skill and proficiency, and has displayed a professionalism and commitment to service which exemplifies excellence in the public sector; and

 

WHEREAS, Kevin Fitzpatrick has compiled a longstanding employment record of dedication and diligence that stands as a model for all to emulate; and

 

WHEREAS, Kevin Fitzpatrick continues to serve his community as a member of the Boards of Directors for the Hamburg Athletic Association and the South Loop Chamber of Commerce, and numerous other civic and church activities.


CONSENT CALENDAR continued

 

ITEM #90 cont’d

 

CC ITEM #8 cont’d

 

NOW, THEREFORE, BE IT RESOLVED, that the Board of Commissioners of Cook County does hereby extend its congratulations to Kevin Fitzpatrick on the occasion of his retirement, and joins all who have had the pleasure of his friendship in wishing him many years of health and richly deserved happiness; and

 

BE IT FURTHER RESOLVED, that this text be spread upon the official proceedings of this Honorable Body, and a ceremonial copy of same be presented to Kevin Fitzpatrick to commemorate this occasion.

 

*  *  *  *  *

 

CC ITEM #9

 

Submitting a Resolution sponsored by

 

ELIZABETH ANN DOODY GORMAN and JOHN P. DALEY, County Commissioners

 

Co-Sponsored by

 

JOHN H. STROGER, JR., PRESIDENT, JERRY BUTLER, FORREST CLAYPOOL,

EARLEAN COLLINS, GREGG GOSLIN, CARL R. HANSEN, ROBERTO MALDONADO,

JOSEPH MARIO MORENO, JOAN PATRICIA MURPHY, ANTHONY J. PERAICA,

MIKE QUIGLEY, PETER N. SILVESTRI, DEBORAH SIMS, BOBBIE L. STEELE

and LARRY SUFFREDIN, County Commissioners

 

RESOLUTION

 

WHEREAS, the members of the Cook County Board of Commissioners wish to recognize Margaret Coleman of Chicago who will be celebrating her 80th birthday; and

 

WHEREAS, Mrs. Coleman was born on July 4, 1924 in Chicago’s Little Flower area; she graduated from Mercy High School in 1942 and then attended St. Xavier College where she received her degree in nursing in 1948; and

 

WHEREAS, Mrs. Coleman moved from the Little Flower area to Chicago’s Beverly Hills Neighborhood where she has lived for the past 60 years and raised her fourteen children:  John, Michael, Thomas, Timothy, Maureen, Maribeth, Peggy, Terry, Patty, Richard, David, Diane, Cathleen and Daniel; and

 

WHEREAS, Mrs. Coleman was named Mercy Hospital’s “Mother of the Year” in 1968; and

 

WHEREAS, Mrs. Coleman is the proud grandmother of forty-seven grandchildren and great grandmother of two great grandchildren, and counting; and

 

WHEREAS, Mrs. Coleman continued her service to  her community and became a volunteer at Blair School for Children with Special Needs in Chicago where she continues to selflessly give of her time and efforts; and

 

WHEREAS, Mrs. Coleman enjoys making the lives of others better through her spirit of giving; and

 

WHEREAS, Mrs. Coleman is an active member and volunteer of Christ the King Parish and participates in many community activities.

 

NOW, THEREFORE, BE IT RESOLVED, that the Members of the Cook County Board of Commissioners join her family and friends in wishing Margaret Coleman a happy 80th birthday and good health and happiness in the future; and

 

BE IT FURTHER RESOLVED, that this Resolution be spread upon the official proceedings of this Honorable Body and that a suitable copy hereof be tendered to Margaret Coleman.

 


COMMITTEE REPORTS

 

ITEM #91

 

DETAILED INFORMATION REGARDING COMMITTEE REPORTS IS AVAILABLE FROM THE SECRETARY TO THE BOARD OF COMMISSIONERS

 

Administration................................................................................................. Meeting of June 9, 2004

 

APPROVED

 

Construction.................................................................................................... Meeting of June 9, 2004

 

APPROVED

COMMISSIONER DALEY VOTED “PRESENT” ON COMM. NO. 265918 WITH G.F. STRUCTURES CORPORATION

 

Roads and Bridges........................................................................................... Meeting of June 9, 2004

 

APPROVED

 

Business and Economic Development............................................................. Meeting of June 15, 2004

 

APPROVED

 

Finance......................................................................................................... Meeting of June 15, 2004

 

APPROVED

 

Zoning and Building........................................................................................ Meeting of June 15, 2004

 

APPROVED

 

Roads and Bridges......................................................................................... Meeting of June 15, 2004

 

APPROVED

 

*  *  *  *  *

 

The next regularly scheduled meeting is presently set for Tuesday, July 13, 2004.