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HomeMy WebLinkAboutOrdinances - O-82-297 - 09/02/1982 - PROVIDE FOR ISSUE SSA #1 BONDS $617 000ORDINANCE NO. 0-82-297 AN ORDINANCE providing for the issue of T617,000 Unlimited Ad Valorem Tax Bonds of Special Service Area Number One of the City of McHenry, McHenry County, Illinois, and the levy of a direct annual tax sufficient to pay the principal and interest on said bonds. WHEREAS, pursuant to the provisions of Section 6(1) of Article VII of the Constitution of the State of Illinois and "AN ACT to provide the manner of levying or imposing taxes for the provision of special services to areas within the boundaries of home rule units and non -home rule municipalities and counties," approved September 21, 1973, as amended, (the "Act") the City of McHenry, McHenry County, Illinois (the "City"), is authorized to create special service areas within the City, issue bonds secured by the full faith and credit of such areas for providing special services to such areas and levy taxes against the property included in such area to pay the principal and interest on said bonds; and WHEREAS, the City Council of said City by ordinance adopted on the 5th day of April, 1982, did propose the establishment of Special Service Area Number One of the City and the issuance of bonds of said Special Service Area and did call a public hearing thereon; and WHEREAS, proper notice was given of said public hearing and at said public hearing all interested persons affected by said Special Service Area were allowed to file written objections thereto and to be heard orally thereon; and WHEREAS, the City Council by Ordinance Number 0-82-288, heretofore adopted on the 7th day of June, 1982, did establish said Special Service Area Number One; and WHEREAS, Section 8 of the Act provides that the boundaries of a special service area may be enlarged after hearing and notice as provided in Sections 5 and 6 of said Act; and WHEREAS, the City Council has determined that it is necessary and in the best interests of the City of McHenry and of Special Service Area Number One as created pursuant to Ordinance Number 0-82-288 that additional property be included within said special service area; and WHEREAS, the City Council of said City by Ordinance Number 0-82-293 , adopted on the 16th day of August, 1982, did propose the enlargement of Special Service Area Number One of the City by the addition of that certain territory described in Exhibit A thereto and the issuance of bonds of said Special Service Area as so enlarged in an amount not to exceed $1,000,000 at an interest rate or rates of not to exceed the greater of 9% per annum or 125% of the rate for the most recent dates shown in the 20 G.O. Bonds Index of average municipal bond yields as published in the most recent edition of The Bond Buyer published in New York, New York, at the time the contract is made for the sale of the bonds and maturing within 15 years from the date thereof and did call a public hearing thereon for the 2nd day of September, 1982; and -2- WHEREAS, proper notice was given of said public hearing and at said public hearing all interested persons affected by said special service area were allowed to file written objections thereto and to heard orally thereon; and WHEREAS, the City Council by Ordinance Number 0-82-296 heretofore adopted on the 2nd day of September, 1982 did enlarge Special Area Number One by the addition of the territory described therein; and WHEREAS, no petition has been filed objecting to the creation or enlargement of said Special Service Area, the levy or imposition of a tax or the issuance of said bonds, and the City Council is authorized to issue said bonds and levy a direct annual tax against all of the taxable property included in said Special Service Area sufficient to pay the principal and interest on said bonds; and WHEREAS, the City Council has determined and does hereby determine that it is advisable, necessary and in the best interest of the City and said Special Service Area to provide special municipal services to the area, including, but not limited to municipal services in connection with the construction of improvements and extensions to the existing waterworks system and sewerage system of the City to serve the property in said area, such improvements and extensions to be on existing public property or property to be acquired by the City and to issue bonds in the amount of $617,000 to pay the cost thereof; and WHEREAS, the proceeds of said bonds shall be used solely and only for improvements for which the City is authorized under the provisions of the Illinois Municipal Code, as amended, to levy taxes or special assessments or to appropriate the funds of the City: -3- NOW, THEREFORE, Be It Ordained by the City Council of the City of McHenry, McHenry County, Illinois, as follows: Section 1. That it is hereby found and determined that by and at the proceedings hereinabove described in the preambles of this ordinance, the City Council of the City of McHenry, McHenry County, Illinois, has been authorized to issue bonds in the amount of $617,000 payable solely and only from ad valorem property taxes levied against all of the taxable property included in Special Service Area Number One of the City for the purpose of paying the cost of constructing improvements and extensions to the existing waterworks system and sewerage system of the City to serve the property located in said Special Service Area, such improve- ments and extensions to be on existing public property or property to be acquired by the City. Section 2. That in order to raise the sum of $617,000 presently needed for the purpose aforesaid, there be borrowed on behalf of said Special Service Area the sum of $617,000 and that bonds of the City, payable solely and only from ad valorem taxes levied against all of the taxable property in said Special Service Area, without limit as to rate or amount, be issued in said amount, said bonds to be known as "Special Service Area Number One Unlimited Ad Valorem Tax Bonds," be dated September 1, 1982, be numbered 1 to 125, inclusive, bonds numbered 1 to 123, inclusive, be of the denomination of $5,000 each and bonds numbered 124 and 125 inclusive, be of the denomination of $1,000 each, bear interest at the rate of twelve per cent (12%) per annum, and become due serially on February 1 of each of the years and in the amounts as follows: SE Year of Maturity 1985 1986 1987 1988 1989 1990 1991 1992 1993 1994 said interest to be paid February 1, Principal Amount $35,000 40,000 40,000 50,000 55,000 6o,000 70,000 80,000 90,000 97,000 1984, and semiannually thereafter on the first day of August and the first day of February of each year. That the seal of the City shall be affixed to each of said bonds and said bonds shall be signed by the Mayor and attested by the City Clerk of the City and that the interest accruing on said bonds to the date of maturity of the principal shall be evidenced by coupons thereto attached, maturing on the several days when such interest matures, and signed and attested by said Mayor and City Clerk, respectively, by their respective facsimile signatures, and such officers shall, by the execution of said bonds, adopt as and for their respective proper signatures their respective facsimile signatures appearing on said coupons; that the bonds and coupons be payable in lawful money of the United States of America at the principal office of the McHenry State Bank, McHenry, Illinois. That said bonds shall be payable to bearer, provided, however, that said bonds may be registered as to principal in the name of the holder on the books of the City Treasurer, upon the back of said 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 thereof shall have been to bearer. Such registration of any of said bonds shall not, however, affect the negotiability of the coupons thereto affixed, but such coupons shall continue transferable by delivery merely. —5— Section 3. That said bonds shall be in substantially the following form: ( Form of Bond) UNITED STATES OF AMERICA STATE OF ILLINOIS COUNTY OF MCHENRY CITY OF MCHENRY SPECIAL SERVICE AREA NUMBER ONE UNLIMITED AD VALOREM TAX B014D Number $ ,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, solely from taxes levied against all of the taxable property in that part of said City known as Special Service Area Number One and not otherwise, the sum of THOUSAND DOLLARS ($ ,000) on the first day of February, 19_, together with interest thereon at the rate of twelve per cent (12%) per annum, from date hereof until paid, payable February 1, 1984, and semiannually thereafter on the first day of August and the first day of February in each year, on presentation and surrender of the interest coupons hereto attached, as they severally become due. Both principal hereof and interest hereon are payable in lawful money of the United States of America at the principal office of the McHenry State Bank, McHenry, Illinois. This bond is one of a series of bonds issued by said City for the purpose of constructing public improvements in said Special Service Area, pursuant to and in all respects in compliance with the provisions of Section 6(1) of Article VII of the 1970 Constitu- tion of the State of Illinois and "AN ACT to provide the manner of levying or imposing taxes for the provision of special services to areas within the boundaries of home rule units and non -home rule municipalities and counties," approved September 213, 1973, as amended, and in compliance with an ordinance duly passed by the City Council of said City and published, in all respects as by law required. 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 did exist, have happened, been properly done and performed in regular and due form and time as required by law; that the indebtedness of said City, represented by this bond and the issue of which it is a part, and including all other indebtedness of said City, howsoever evidenced and incurred, does not exceed any limitation imposed by law 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 Special Service Area sufficient to pay the interest hereon as it falls due and also to pay and discharge the principal hereof at maturity. This bond may be registered as to principal in the name of the holder on the books of said City Treasurer, such registration to be evidenced by notation of said 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 delivery merely, notwithstanding registration hereof. -7- IN WITNESS WHEREOF, said City of McHenry, McHenry County Illinois, by its City Council, has caused its corporate seal to be hereto affixed and this bond to be signed by the Mayor and attested by the City Clerk of said City and the coupons hereto attached to be signed and attested by said officials, respectively, by their facsimile signatures, and said officers 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 September, 1982. Attest: City Clerk ( Form of Coupon) Mayor Number $ On the first day of , 19 , the City of McHenry, McHenry County, Illinois, promises to pay to bearer solely out of taxes levied against all of the taxable property in said Special Service Area Number One of said City Dollars ($ ) in lawful money of the United States of America at the office of the McHenry State Bank, McHenry, Illinois, for interest due that day on its Special Service Area Number One Unlimited Ad Valorem Tax Bond, dated September 1, 1982, numbered (Facsimile Signature) Mayor Attest: (Facsimile Signature) City Clerk . (Form of Registration of Ownership) Signature of Date Registered Name of Registered Owner City Treasurer Section 4. That forthwith after this ordinance has become effective, as provided by law, said bonds shall be executed and delivered to the City Treasurer of the City and be by him delivered to the purchasers thereof, namely, the McHenry State Bank and Associates, McHenry, Illinois, 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 that the contract for the sale of said bonds heretofore entered into, be and is in all respects ratified, approved and confirmed, it being hereby found and determined that said contract is in the best interests of the City and that no person holding any office of the City, either by election or appointment, is in any manner interested, either directly or indirectly, in his own name or in the name of any other person, association, trust or corporation, in said contract for the purchase of said bonds. Section 5. That for the purpose of providing the funds required to pay the interest on said bonds as it falls due, and also to pay and discharge the principal thereof at maturity, there be and there shall be levied upon all the taxable property within the City of McHenry Special Service Area Number One, a direct annual tax for each of the years while said bonds or any of them are outstanding in amounts sufficient for that purpose, and that there be and there is levied upon all of the said taxable property in said Special Service Area in addition to all other taxes the following direct annual tax, to -wit: For the Year A Tax Sufficient to Produce the Sum of: 1982 $104,890 fo n�lntere p to and includ- ing e ruary 1, 1984 1983 $109,040 for interest and principal 1984 $109,840 for interest and principal 1985 $105,040 for interest and principal 1986 $1103,240 for interest and principal �1987 $109,240 for interest and principal 1988 $107,640 for interest and principal 1989 $110,440 for interest and principal 1990 $1121040 for interest and principal 1991 $112,440 for interest and principal 1992 $108,640 for interest and principal Section 6. That forthwith as soon as this ordinance becomes effective, the City Clerk of the City be and is hereby directed to file a copy of said ordinance with the County Clerk of McHenry County, Illinois, and it shall be the duty of said County Clerk to annually in and for each of the years 1982 to 1992, inclu- sive, ascertain the rate percent required to produce the aggregate tax hereinbefore levied, and extend the same for collection on the tax books against all of the taxable property within said City of McHenry Special Service Area Number One in addition to other taxes levied in each of said years in said Special Service Area in order to raise the respective amounts levied aforesaid, and in each of said years such annual tax shall be computed, extended and collected in the same manner as now or hereafter provided by law for the computation, extension and collection of taxes for general corporate purposes of the City. Section 7. From the amounts received upon sale of said bonds, all principal proceeds shall be deposited into the "Special Service Area Number One Bonds Project Fund" (the "Project Fund"), hereby created, and disbursements shall be made from the Project Fund only for the purposes for which said bonds are being issued, as set forth in the preceding text, including expenses of issuance of said bonds or otherwise incidental to said bonds or the Project, and for which the principal proceeds are hereby appropriated. -10- Accrued interest and premium, if any, payable on said bonds shall be and is hereby appropriated for the purpose of paying first interest due on said bonds, and, to that end, is hereby ordered deposited into the "Special Service Area Number One Bonds Bond Fund" (the "Bond Fund") which fund shall be the fund for the payment of principal of and interest on said bonds. Taxes received for the payment of said bonds shall be deposited into the Bond Fund and used solely and only for paying said bonds. Interest received from deposits in the Bond Fund shall be retained in the Bond Fund for payment of said bonds on the interest payment date next after such interest is received. Section 8. The City Council hereby represent and certify as follows with respect to said bonds: (a) The City has heretofore incurred, or within six months after delivery of said bonds expects to incur, substantial binding obligations with respect to the Project to be paid for with money received from the sale of said bonds, said binding obligations com- prising binding contracts for work on the Project in not less than the amount of $800,000, such sum being not less than 2-1/2% of that portion of the Project to be financed with proceeds of said bonds. (b) All of the money derived from the sale of said bonds and deposited in the Project Fund will be expended on or beforeSeptember 1, 19 85, for the purpose of paying the cost of the Project, said date being within three years following the date of issue of said bonds. (c) All of the principal proceeds of said bonds will be used, needed and expended for the purpose of paying the cost of the Project. (d) Work on the Project is expected to proceed with due diligence to completion. (e) No portion of the acquisitions or improvements constituting a part of the Project has been or is expected to be sold or otherwise disposed of in whole or in material part prior to the last maturity of said bonds. "Material part" means (i) land, or (ii) any improvement, or (iii) personal property or fixtures in excess of that which is expected to be sold, traded in or discarded upon wearing out or becoming obsolete. (f) The City will receive par plus accrued interest from the sale of said bonds. Accrued interest on said bonds is to be deposited in the Bond Fund to pay first interest coming due on said bonds. -11- (g) Except for the Bond Fund, the City has not created or established and will not create or establish any sinking fund, reserve fund or any similar fund to provide for the payment of said bonds. The Bond Fund has been established and will be funded in a manner primarily to achieve a proper matching of revenues and debt service, and will be depleted at least annually to an amount not in excess of one -twelfth the particular annual debt service on said bonds. Money deposited in the Bond Fund will be spent within a 13-month period beginning on the date of deposit, and investment earnings in the Bond Fund will be spent within a 1 year period beginning on the date of receipt. (h) The foregoing statements of expectation are based upon the following facts and estimates: (1) Amounts shown as to be received will be received pursuant to contract of sale. (2) Amounts paid or to be paid into various funds and accounts have been directed to be paid into said funds and accounts by authority hereof. (3 ) The anticipated dates of expenditure of money in the Project Fund derived from the sale of Bonds and the amount to be spent on or before such dates is based upon consultation with Baxter and Woodman, Inc. , the engineers charged with responsible supervision of the Project. (i) To the best of the knowledge and belief of the City Council, there are no facts, estimates or circum- stances that would materially change the conclusions and representations set out in this section, and the expectations hereinabove set out are reasonable. ( j ) The City has not been notified of any listing or proposed listing of it by the Internal Revenue Service as a bond issuer whose arbitrage certifications may not be relied upon. The City also certifies and further covenants with the purchasers and holders of said bonds from time to time outstanding that so long as any of said bonds remain outstanding, moneys on deposit in any fund or account in connection with said bonds, whether or not such moneys were derived from the proceeds of the sale of said bonds or from any other source, will not be used in a manner which will cause such bonds to be "arbitrage bonds" within the meaning of Section 103(c) of the Internal Revenue Code of 1954, as amended, and any lawful regulations promulgated thereunder, -12- including Treas. Reg. §§1.103-13, 1.103-14, and 1.103-15 (1979) as the same presently exist, or may from time to time hereafter be amended, supplemented or revised. The City reserves the right, however, to make any investment of such moneys permitted by state law, if, when and to the extent that said Section 103(c) or regula- tions promulgated thereunder shall be repealed or relaxed or shall be held void by final decision of a court of competent jurisdiction, but only if any investment made by virtue of such repeal, relaxation or decision would not, in the opinion of counsel of recognized competence in such matters, result in making the interest on said bonds subject to federal income taxation. Section 9. That this ordinance be published once within ten (10) days after adoption in the McHenry Plaindealer , the same being a newspaper published in and with a general circulation within the City. Section 10. That all ordinances, resolutions and orders, or parts thereof, in conflict herewith, be and the same are hereby repealed and this ordinance be in full force and effect forthwith upon its adoption, approval and publication, as provided by law. Attest: Adopted September 2 1982. Approved September 2 1982. Published September 10 1982. City Clerk Approved: -13- Mayor