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HomeMy WebLinkAboutOrdinances - O-69-44.J - 11/17/1969 - ISSUE BONDS FOR IMPROVING SANITARY SEWER SYSTEM0 MINUTES OF THE Regular MEETING OF THE CITY CO THE CITY OF MC HENRY, MC HENRY COUNTY, ILLINOIS, HELD AT City Hall a AT P.M. s 0 b� November_ , 19by • The Mayor called the meeting to order and directed the City Clerk to call the roll. Upon the roll call, the following answered present: Donald P. Doherty , Mayor, and Aldermen: Frank Hromec Laurence J. Huck, Arthur V. Jackson, Theodore N. Pitzen, Raymond L. Smith. Joseph Stanek The following were absent: William J. Bolger, Jerome D. Rozers Alderman Theodore N. Pitzen presented and the City Clerk read in full an ordinance entitled: "AN ORDINANCE providing for borrowing money and issuing bonds of the City of McHenry, McHenry County, Illinois, to the amount of $675,000 for the purpose of paying part of the cost of constructing improvements and extensions to the existing sanitary sewer system of said City, and providing for the levy and collection of a direct annual tax for the payment of the principal and inter- est of said bonds. " Alderman Raymond L. Smith moved and Alderman josSph Stanek seconded the motion that said ordinance as presented and read by the City Clerk be adopted. After a full discussion thereof, the Mayor directed that the roll be called for a vote upon the motion to adopt the ordinance as read. Upon the roll being called, the following Aldermen voted "AYE": Frank Hromec, Lawrence J. Huck, Arthur V. Jackson, Theodore N. Pitzen, Raymond L. Smith, Joseph Stanek The following Aldermen voted "NAY" t None WHEREUPON the Mayor declared the motion carried and the ordinance adopted, and henceforth did approve and sign the same in open meeting, and did direct the Clerk to record the same in full in the journal and records of the City Council of the City of McHenry, McHenry County, Illinois. Other business not pertinent to the adoption of said ordinance was duly transacted at said meeting. Upon motion duly made and seconded, the meeting was adjourned. t;1Ly U.L rK, w.T.y oI- nmcnenry, McHenr7,1 County, Illinois. RWS:rd 11 -2- STATE OF ILLINOIS SS COUNTY OF MC HENRY I, Earl R. Walsh , do hereby certify that I am the duly qualified and acting Clerk of the City of McHenry, in the County and State aforesaid, and as such Clerk I am the keeper of the official journal, records and files of the City Council of said City. I do further certify that the attached and foregoing Is a full, true and complete transcript of that portion of the minutes of the regularly convened meeting of the City Council of the City of McHenry, McHenry County, Illinois, held on the 17th day of November , 1969, insofar as same relates to the adoption of an ordinance entitled: "AN ORDINANCE providing for borrowing money and issu ng bonds of the City of McHenry, McHenry County, Illinois, to the amount of $675,000 for the purpose of paying part of the cost of constructing improvements and extensions to the existing sanitary sewer system of said City, and providing for the levy and collection of a direct annual tax for the payment of the principal and inter- est of said bonds." all as recorded in the official journal of proceedings of said City Council on November_ 17 , 1969, and all as now appears in the official records of said City in may official care and custodyj. IN WITNESS WHEREOF, I have hereunto affixed my official signature and the corporate seal of said City of McHenry, at McHenry , Illinois, this 17th day of November , 1969. (CITY SEAL) RWS:rd y rk, City of McHenry, McHenry County, Illinois. AN ORDINANCE providing for borrow - Ink money and issuing bonds of the City of McHenry, McHenry County, Illinois, to the amount of $675,000 for the purpose of paying part of the cost of constructing improve- ments and extensions to the exist- ing sanitary sewer system of said City, and providing for the levy and collection of a direct annual tax for the payment of the principal and interest of said bonds. WHEREAS, the City Council of the City of McHenry, McHenry County, Illinois, by an ordinance adopted on November 180 19680 did provide that at a special election to be held in and for said City of McHenry on December 10, 1968, there would be submitted to the electors of said City the following question: and Shall bonds in the amount of $675,000 be issued by the City of McHenry, McHenry County, Illinois, for the pur- pose of paying part of the cost of constructing improvements and extensions to the existing sanitary sewer system of said City, and bearing interest at the rate of not to exceed six per cent (6%) per annum? WHEREAS, the City Council of said City did cause proper notice of said election to be given by publishing notice thereof once on November 20, 1968, in The McHenry Plaindealer, the same being a newspaper published in and having a general circulation within said City, said publication of said notice being made not more than thirty (30) days nor less than fifteen (15) days prior to the date of said election, which said notice as so published did specify the places where such election was to be held, the time of opening and closing the polls, and the question to be voted upon; and WHEREAS, the City Council of said City by proper pro- ceedings adopted and spread upon its records has heretofore found that all legal requirements in connection with said elec- tion were duly complied with and that a majority of the electors of said City voting at said election on said question above referred to voted in favor thereof: NOW, THEREFORE, Be It Ordained by the City Council of the City of McHenry, McHenry County, Illinois, as follows: Section 1. That it be and it is hereby found and determined that the City Council of the City of McHenry has been authorized by a majority of the electors of said City voting on the question at an election duly called, noticed, held and can- vassed for that purpose to issue bonds of said City in the amount of $675,000 for the purpose of paying part of the cost of con- structing improvements and extensions to the existing sanitary sewer system of said City. Section 2. That in order to raise the sum of $675,000 needed for the purpose aforesaid, there be borrowed by, for and on behalf of the City of McHenry, McHenry County, Illinois, the sum of $675,000 and to evidence said loan negotiable coupon bondE of said City be issued. Said bonds shall each be designated "Sewer Improvement Bond", be dated October 1, 1969, be numbered consecutively from 1 to 135, inclusive, be of the denomination of $5,000 each, and mature serially on January 1 of the years and in the amounts and bearing interest as follows: -2- Serial Numbers, Principal Year of Rate of Both Inclusive Amount Maturity Interest 1 to 3 $15,000 1971 6% 4 to 11 4o,000 1972 6% 12 to 19 4o,000 1973 6% 20 to 28 45, o00 1974 6% 29 to 37 45,000 1975 6% 38 to 47 50,000 1976 6% 48 to 57 50,000 1977 6% 58 to 67 50,000 1978 6% 68 to 77 50, 000 1979 5-7/8% 88 55,000 1980 5-7/8% 9to to 99 55,000 1981 5.90% 100 to 110 55,000 1982 6% Ill to 122 6o,000 1983 6% 123 to 135 65, 000 1984 6% Interest on said bonds shall be payable on July 1, 1970 and semiannually thereafter on the first days of January and July in each year, which said interest payments to date of maturity of principal shall be evidenced by proper interest coupons attached to each bond and maturing on the dates herein provided, and both principal and interest shall be payable in lawful money of the United States of America at The First National Bank of Chicago, in the City of Chicago, Illinois. The seal of said City shall be affixed to each of said bonds and said bonds shall be signed by the Mayor and be attested by the Clerk of said City, and said coupons shall be signed and attested by said officials, respectively, by their respective facsimile signatures, and said officials, by the execution of said bonds, shall adopt as and for their own proper signatures their respective facsimile signatures appearing on said coupons. Section 3. That the bonds hereby authorized shall be payable to bearer; provided, however, that such bonds may be subject to registration as to principal in the name of the holder on the books of the Treasurer of said City, such registration to be evidenced by notation of said Treasurer upon the back of such -3- bonds so registered. No bond so registered shall be subject to transfer except upon such books and similarly noted on the back thereof unless the last registration shall have been to bearer. Such registration of any of said bonds shall not, however, affect the negotiability of the coupons attached to said bonds, but such coupons shall continue transferable by delivery merely. Section 4. That each of said bonds and the interest coupons to be thereto attached shall be in substantially the following form: (Form of Bond) Number UNITED STATES OF A14ERICA STATE OF ILLINOIS COUNTY OF MC HENRY CITY OF MC HENRY SEWER IMPROVEMENT BOND $5,000 KNOW ALL MEN BY THESE PRESENTS, that the City of McHenry, McHenry County, Illinois, hereby acknowledges itself to owe, and for value received, promises to pay to bearer, or if this bond be registered, then to the registered holder hereof, the sum of FIVE THOUSAND DOLLARS ($5,000) on the first day of January, 19_, together with interest on said sum from the date hereof until paid at the rate of per cent (_�) per annum, payable on July 1, 1970 and semi- annually thereafter on the first days of January and July in each year, and until maturity, upon presentation and surrender of the respective interest coupons hereto attached as they severally become due and payable. Both principal and interest are hereby made payable in lawful money of the United States of America at The First Nationa Bank of Chicago, in the City of Chicago, Illinois. For the prompt payment of this bond, both principal and Interest, as aforesaid, at maturity, and the levy of taxes suffi- cient for that purpose, the full faith, credit and resources of said City are hereby irrevocably pledged. This bond is issued by said City for the purpose of paying part of the cost of constructing improvements and exten- sions to the existing sanitary sewer system of said City, pur- suant to and in all respects in compliance with the "Illinois Municipal Code", approved May 29, 1961, and all acts amendatory thereof and supplementary thereto, and is authorized by a major- ity of the electors of said City voting upon the question at an election duly called, noticed, held and canvassed for that pur- pose in said City, and in compliance with an ordinance duly passed by the City Council of said City, approved by the Mayor of said City, and published, in all respeots as by law required. It is hereby certified and recited that all acts, con- ditions 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, 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 said City of McHenry, represented by this bond and the issue of which it forms a part, and including all other indebtedness of said City, how- soever evidenced and incurred, does not exceed any constitutional or statutory 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 said City, sufficient to pay the interest hereon as the same falls due and also to pay and discharge the principal hereof at maturity. -5- This bond is subject to registration as to principal in the name of the holder on the books of the City Treasurer, such registration to be evidenced by notation of such Treasurer on the back hereof, and after such registration no transfer hereof, except upon such books and similarly noted hereon, shall be valid unless the last registration shall have been to bearer. Registration hereof shall not affect the negotiability of the coupons hereto attached which shall continue negotiable by de- livery merely, notwithstanding registration hereof. IN WITNESS WHEREOF, said City of McHenry, McHenry County, Illinois, by its City Council, has caused its corporate seal to be hereunto affixed and this bond to be signed by the Mayor of said City and attested by its City Clerk, and the cou- pons hereto attached to be signed and attested by said officials, respectively, by their facsimile signatures, and said officials do, by the execution hereof, adopt as and for their own proper signatures their respective facsimile signatures appearing on said coupons, all as of the first day of October, 1969. Attest: City Clerk CITY OF MC HENRY By Mayor (Form of Coupon) Number $ On the first day of , 19_., the City of McHenry, McHenry County, Illinois, will pay to bearer Dollars ($ ) in lawful money of the United States of America at The First National Bank of 10 - _.__ ki - - - - ---- - - --- - __ - - - __- __ __&- _____.___J Chicago, in the City of Chicago, Illinois, for interest due that day on its Sewer Improvement Bond, dated October 1, 1969, Number Attest: CiEy Clerk Mayor (Form for registration as to principal) Date of Signature of Registration Name of Registered Owner City Treasurer Section �. That for the purpose of providing the funds required to pay the interest on said bonds promptly when and as the same falls due, and to pay and discharge the principal there- of at maturity, there be and there is hereby levied upon all of the taxable property within said City, in each year while any of said bonds are outstanding, a direct annual tax sufficient for that purpose, and that there be and there is hereby levied on all of the taxable property in said City, in addition to all other taxes, the following direct annual tax, to wits For the Year A Tax Sufficient to Produce the Sum of 1969 $85,099.07 for principal and interest up to July 1, 1971 1970 78,213.75 for principal and interest 1971 75, 813.75 for principal and interest 1972 78,263.75 for principal and interest 1973 75,563.75 for principal and interest 1974 77, 713.?5 for principal and interest 1975 74,713.75 for principal and interest 1976 71,713.75 for principal and interest 1977 68,745.00 for principal and interest 1978 70,660.62 for principal and interest 1979 677,422.50 for principal and interest 1980 64,150.00 for principal and interest 1981 65,700.00 for principal and interest 1982 66,950.00 for principal and interest orZ That interest or principal coming due at any time when there are insufficient funds on hand to pay the same be paid promptly when due from current funds on hand in advancement of the collection of said taxes herein levied, and when said taxes shall have been collected, reimbursement shall be made to the said funds in the amounts thus advanced. Section 6. That forthwith as soon as this ordinance becomes effective, a copy hereof, certified by the Clerk of said City, which certificate shall recite that this ordinance has been passed by the City Council of said City, approved by the Mayor, and published, shall be filed with the County Clerk of McHenry County, Illinois, who shall in and for each of the years 1969 to 1982, inclusive, ascertain the rate per cent required to produce the aggregate tax hereinbefore provided to be levied in each of said years, respectively, and extend the same for collection on the tax books in connection with other taxes levied in each of said years, respectively, in and by said City for general cor- porate purposes of said City, and in each of said years such annual tax shall be levied and collected by said City in like manner as taxes for general corporate purposes for each of said years are levied and collected, and when collected such taxes shall be used solely for the purpose of paying principal and in- terest upon the bonds herein authorized when same mature. Section 7. That the funds derived from the taxes here- in levied be and the same are hereby appropriated and set aside for the sole and only purpose of paying principal of and interest on said bonds when and as the same become due. That the funds derived from the sale of said bonds be and they are hereby appropriated and set aside for the purpose hereinbefore set out. In Section 8. That forthwith after this ordinance has become effective as provided by law, the bonds herein authorized shall be executed and delivered to the Treasurer of said City, and be by him delivered to The First National Bank of Chicago and Associates, the purchasers thereof, upon receipt of the purchase price therefor, same to be not less than the par value of said bonds, plus accrued interest to date of delivery and a premium of $5.00, contract for the sale of said bonds to said purchasers, heretofore entered into, be and the same is hereby in all respects ratified, approved and confirmed. Section 9. That all ordinances, resolutions and order , or parts thereof, in conflict herewith, be and the same are here by repealed, and this ordinance shall be in full force and effect upon its passage and publication as provided by law. APPROVED: Atte sty' l ��Mayor city Cer ADOPTED: November 17 1969. RECORDED: November 17 1969. PUBLISHED:November 19 1969. wS:rd 11 -9- RWS : rd STATE OF ILLINOIS SS COUNTY OF MC HENRY I, the undersigned, do hereby certify that I am the duly qualified and acting Clerk of the City of McHenry, in the County and State aforesaid, and as such Clerk I am the keeper of the official Journal, records and files of the City Council of said City. I do -further certify that the attached and foregoing is a full, true and correct copy of an ordinance providing for the borrowing of money and the issuance of $675,000 Sewer Im- provement Bonds of the City of McHenry, McHenry County, Illinois, and providing for the levy and collection of a direct annual tax for the payment of the principal of and ,interest on the same as it matures, as adopted by the City Council of said City of McHenry at its regularly convened meeting held on November 17 , 1969, and as approved by the Mayor of said City, all as recorded in the official journal of proceedings of said City Council on November 17 , 1969, and as now appears from the official records of said City, in my care and custody. I do further certify that said ordinance was duly and properly published by publication thereof on the 19th day of November , 1969, in The McHenry Plaindealer, the same be a newspaper published in and having a general circulation within said City. IN WITNESS WHEREOF, I have hereunto affixed my official signature and the corporate seal of said City of McHenry, at M C 14 F N A 1' , Illinois, this ) St day of D EC 6d 6 E R 1969 . y Clerk,, Cityo cenry, Hcflenry County, Illinois. (CITY SEAL) STATE OF ILLINOIS SS COUNTY OF MC HENRY I, Vernon W. Kays , County Clerk of McHenry County, Illinois, do hereby certify that on the day of 1969, there was filed in my office a properly certified copy of an ordinance entitled: "AN ORDINANCE providing for borrowing money and issuing bonds of the City of McHenry, McHenry County, Illinois, to the amount of $675,000 for the purpose of paying part of the cost of constructing improvements -and extensions to the existing sanitary sewer system of said City, and providing for the levy and collection of a direct annual tax for the payment of the principal and inter- est of said bonds." passed by the City Council of the City of McHenry, McHenry County, Illinois, on the 17th day of November 1969, and approved by the Mayor of said City, and that the same has been deposited in the official files and records of my office. GIVEN under my hand and the seal of said McHenry County, Illinois, at Woodstock , Illinois, this day o. 1969. County Clerk of cHenry, oun y, Illinois. (SEAL) IS : rd