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HomeMy WebLinkAboutOrdinances - O-86-414 - 12/18/1986 - AUTHORIZE ESCROW AGMT ISSUE $4.2M W/S BONDS SERIESORDINANCE NO. 0-86-414 AN ORDINANCE authorizing and directing the execution of an Escrow Agreement in connection with the issuance of $4,200,000 Waterworks and Sewerage Revenue Bonds, Series 1986A, of the City of McHenry, McHenry County, Illinois. WHEREAS, the City of McHenry, McHenry County, Illinois (the "Municipality"), has provided by Ordinance No. 0-86-390, adopted by the City Council of the Municipality (the "Corporate Authorities") on the 30th day of July, 1986, as amended on December 18, 1986 for the issuance of $4,200,000 Waterworks and Sewerage Revenue Bonds, Series 1986A, dated December 1, 1986, (the "Bonds"); and WHEREAS, a portion of the proceeds of the Bonds will be used to refund in advance of maturity certain bonds of the Municipality described as follows: and $179,000 original issue Waterworks and Sewerage Revenue Bonds, dated May 1, 1956, (the "Series 1956 Bonds") of which $10,000 are currently outstanding, of the denomination of $1,000 each, due serially on May 1 of the years and in the amounts as follows: Year Amount 1987 $10,000 $1,150,000 original issue Waterworks and Sewerage Revenue Bonds, Series of 1979, dated September 1, 1979, (the "Series 1979 Bonds") of which $545,000 are currently outstanding, of the denomination of $5,000 each, due serially on May 1 of the years and in the amounts as follows: W and Year Amount 1987 $125,000 1988 130,000 1989 140,000 1990 150,000 $500,000 original issue Waterworks and Sewerage Revenue Bonds, Series 1984, dated December 1, 1984, (the "Series 1984 Bonds") of which $455,000 are currently outstanding, of the denomination of $5,000 each, due serially on May 1 of the years and in the amounts as follows: Year Amount 1987 $50,000 1988 50,000 1989 60,000 1990 65,000 1991 65,000 1992 75,000 1993 90,000 (collectively, the "Prior Bonds"); and WHEREAS, in order to properly provide for the refunding of the Prior Bonds, it will be necessary to place proceeds of the Bonds in trust with an escrow agent to be invested by such escrow agent, on behalf of the Municipality, in direct obligations of the"United States of America; and WHEREAS, such investments must be of amount and kind such that the principal and interest thereon will be sufficient, when added to a beginning deposit on demand to be derived from proceeds of the Bonds, to pay at maturity all interest on and all principal of the Prior Bonds; and WHEREAS, it is necessary that the Corporate Authorities authorize the form of agreement with an escrow agent and direct IW= the execution of such escrow agreement by officers of the Municipality: NOW, THEREFORE, Be It Ordained by the City Council of the City of McHenry, McHenry County, Illinois, as follows: Section 1. Definitions. The words and terms used in this ordinance shall have the definitions set forth for them in the form of escrow agreement provided herein, unless the context or use of same shall clearly indicate that another meaning is intended. Section 2. The Funding of the Escrow. As provided in the Bond Ordinance, so much of the proceeds of the Bonds as may be necessary shall be used to pay all interest when due and to pay at maturity or applicable date of redemption all principal of and applicable premium on the Prior Bonds. Such money will be deposited in trust in the Escrow Account with the Escrow Agent as provided in this ordinance. The amount thereof necessary to be deposited in the Escrow Account shall be conclusively established under the terms of the Agreement by the execution thereof by des'1'§nated officers of the Municipality. Section 3. Form and Authorization of Agreement. The Agreement and all the terms thereof, in the form provided hereby, and the Escrow Agent as named therein is hereby approved, and the Mayor and City Clerk are hereby authorized and directed to execute the Agreement in the name of the Municipality. The Agreement shall be in substantially the following form: -3- corporate name by one of its duly authorized officers and to be attested by one of its duly authorized officers under its corporate seal hereunto affixed, all this 1st day of December, 1986. Attest: City Clerk (SEAL) Attest: Its (BANK SEAL) CITY OF Mc HENRY, McHenry County, Illinois By Mayor AMERICAN NATIONAL BANK AND TRUST COMPANY OF CHICAGO Chicago, Illinois By s EA-14 Section 4. Purchase of Government Securities. Warren Associates, Northfield, Illinois, Blunt Ellis & Loewi Incorporated, Chicago, Illinois, or Chapman and Cutler, Chicago, Illinois, be and the same are hereby authorized to act as agent for the Municipality in the purchase of the Government Securities described and set forth in the Agreement. Section 5. Severability. 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 6. Repealer. All ordinances, resolutions or orders or parts thereof in conflict with the provisions of this ordinance are to the extent of such conflict hereby repealed. Section 7. Effective Date. This ordinance shall be in effect immediately upon its passage by the Corporate Authorities and signing and approval by the Mayor of the Municipality. Signed and Approved: 18th day of December, 1986 By M yor Attest: City Clerk -( SEAL ) Ayes: Nays: Absent: Bolger, McClatchey, Serritella, Smith, Snell, Teta None Nolan, Lieder Recorded In Municipal Records: 18th day of December, 1986.