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HomeMy WebLinkAboutOrdinances - O-90-524 - 01/22/1990 - AUTHORIZE ISSUE SEWERAGE REV BONDS $5.05MORDINANCE NUMBER 0-90-524 AN ORDINANCE authorizing the issuance of Sewerage Revenue Bonds of the CITY OF MCHENRY COUNTY, ILLINOIS WHEREAS the City of McHenry, McHenry County, Illinois (the "City"), operates a combined waterworks and sewerage system (the "System") and in accordance with the provisions of Municipal Code, Chapter 24, Par. 11-139-1 et. seq. and the Local Government Debt Reform, P.A. 85-1419, approved December 15, 1988 (collectively, the "Act"); and WHEREAS the Mayor and City Council of the City (the "Corporate Authorities") have determined that it is advisable, necessary and in the best interests of public health, safety and welfare to improve the System, including the following: expansion of existing City of McHenry, South Waste Water Treatment Plant to 15,000 P.E. with the addition of raw wastewater pumping, grit removal, additional rotating screen equipment, dechlorination, sludge thickening followed by aerobic digestion and mechanical dewatering together with any and all electrical, mechanical or other services necessary, useful or advisable to such construction and installation (the "Project"), all in accordance with the plans and specifications therefor prepared by consulting engineers to the City; and 1 WHEREAS the estimated cost of constructing and installing the Project, including engineering, legal, financial, and other related expenses, is $5,050,000.00 and there are insufficient funds on hand and lawfully available to pay such costs; and WHEREAS such costs are expected to be paid for with a loan to the City from the Illinois Environmental Protection Agency through the Water Pollution Control Revolving Fund, said loan to be repaid from the revenues of the System and such loan is authorized to be accepted at this time pursuant to the Act; and WHEREAS pursuant to and in accordance with the provisions of the Act, the City is authorized to borrow funds from the Water Pollution Control Revolving Loan. Fund in the aggregate principal amount of $5,050,000.00 for the purpose of providing funds to pay the costs of the Project; and WHEREAS, the loan to the City shall be made pursuant to a Loan Agreement, including certain terms and conditions, between the City and the Illinois Environmental Protection Agency; NOW THEREFORE Be It Ordained by the City Council of the City of McHenry, McHenry County, Illinois, as f ollows : SECTION 1. INCORPORATION OF PREAMBLES The Corporate Authorities hereby find that the recitals contained in the preambles to this ordinance are true and correct and do incorporate them into this ordinance by this reference. SECTION 2. DETERMINATION TO BORROW FUNDS It is necessary and in the best interests of the City to construct the Project for the public health, safety and welfare, in accordance with the plans and specifications, as described, that the System continue Ito be operated in accordance with the provisions of the Act, and that for the purpose of constructing the Project, it is hereby authorized that funds be borrowed by the City under the authority of the Act in an aggregate principal amount not to exceed $5,050,000.00. SECTION 3. PUBLICATION This Ordinance, together with a notice in the statutory form, shall be published once within ten days after passage hereof by the Corporate Authorities in the Northwest Herald, being a newspaper published and of general circulation in the City, and if no petition, signed by electors numbering fifteen percent (15%) of the number of 3 electors voting for the Mayor at the last preceding general municipal election at which a Mayor for the City was elected (i.e., 310 electors) and asking that the question of improving the System, as provided in this Ordinance, and the entering into the Loan Agreement therefor, be submitted to the electors of the City, is filed with the City Clerk within 21 days after the date of the publication of this Ordinance and said notice, then this Ordinance shall be in full force and effect. A petition form shall be provided by the City Clerk to any individual requesting one. SECTION 4. ADDITIONAL ORDINANCES If no petition meeting the requirements of the Act and other applicable law is filed during the petition period hereinabove referred to, then the Corporate Authorities may adopt additional ordinances or proceedings supplementing or amending this Ordinance providing for the entering into the Loan Agreement with the Illinois Environmental Protection Agency, prescribing all the details of said Loan Agreement, and providing for the collection, segregation and distribution of the revenues of the System, so long as the maximum amount of said Loan Agreement as set forth in this Ordinance is not exceeded and there is no material change in the Project or purposes described herein. Such additional Ordinances or proceedings shall in all instances become effective in accordance with the Act and other applicable 4 law. This Ordinance, together with such additional ordinances or proceedings, shall constitute complete authority for the entering into of said Loan Agreement under applicable law. However, notwithstanding the above, the City may not adopt additional ordinances or amendments which provide for any substantive or material change in the scope and intent of this Ordinance, including but not limited to interest rate, preference or priority of any other ordinance with this Ordinance, parity of any other ordinance with this Ordinance, or otherwise alter or impair the obligation of the City to pay the principal and interest due to the Dater Pollution Control Revolving Fund without the written consent of the Illinois Environmental Protection Agency. SECTION 5. LOAN NOT INDEBTEDNESS OF CITY Repayment of the loan to the Illinois Environmental Protection Agency by the City pursuant to this Ordinance is to be solely from the revenue derived from the revenues of the City's combined waterworks and sewerage system or an increased user charge and the loan does not constitute an indebtedness of the City within the meaning of any constitutional or statutory limitation. 5 SECTION 6. ACCEPTANCE OF LOAN AGREEMENT The Mayor and the City Council hereby authorize acceptance of the offer of a loan through the Water Pollution Control Revolving Fund, including all terms and conditions of the Loan Agreement as well as all special conditions contained therein and made a part thereof by reference. The Mayor and City Council further agree that the loan funds awarded shall be used solely for the purposes of the project as approved by the Illinois Environmental Protection Agency in accordance with the terms and conditions of the Loan Agreement. SECTION 7. AUTHORIZATION OF MAYOR TO EXECUTE THE LOAN AGREEMENT The Mayor is hereby authorized and directed to execute the Loan Agreement with the Illinois Environmental Protection Agency. SECTION B. 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. 2 SECTION 9. 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. Passed this 22nd day of January, 1990. Ayes: Bolger, Lieder, McClatchey, Patterson, Serritella, Smith, Teta Nays: None Abstain: None Absent: Donahue Approved this 22nd day of January, 1990. 'Ma or Attest: (p� . City Clerk 7