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HomeMy WebLinkAboutOrdinances - ORD-00-984 - 10/18/2000 - AUTHORIZE AND ISSUE $1.4M GO REFUNDING SERIES 1990ORDINANCE No. 00-984 AN ORDINANCE authorizing and providing for the issue of $1,400,000 General Obligation Refunding Bonds (Sales Tax Alternate Revenue Source), Series 2000B, of the City of McHenry, McHenry County, Illinois, for the purpose of refunding the outstanding General Obligation Bonds (Alternate Revenue Source), Series 1990 (Municipal Building Project), of said City, prescribing the details of said bonds and providing for the imposition of taxes to pay the same, and for the collection, segregation and application of certain sales tax receipts to pay said bonds. WHEREAS the City of McHenry, McHenry County, Illinois (the "City"), is a duly organized and existing municipality and unit of local government created under the provisions of the laws of the State of Illinois, and is now operating under the provisions of the Illinois Municipal Code, as supplemented and amended; and WHEREAS the City by its City Council (the "Corporate Authorities") has heretofore issued its $3,000,000 original aggregate principal amount General Obligation Bonds (Alternate Revenue Source), Series 1990 (Municipal Building Project), which such bonds maturing on and after December 1, 2001 are subject to redemption prior to maturity at the option of the City, in whole or in part, on any date on or after December 1, 2000, at the redemption price of par plus accrued interest to the date fixed for redemption (hereinafter the "Series 1990 Bonds" or "Refunded Bonds"); and WHEREAS pursuant to the provisions of the Local Government Debt Reform Act of the State of Illinois, as amended (the "LGDR Act") by which Alternate Bonds are issued (Section 15 of said Act), bonds may be issued to refund alternate bonds previously issued without meeting any of the conditions set forth in the LGDR Act and section, except that the term of the refunding bonds shall not be longer than the term of the refunded bonds and that the debt service payable in any year on the refunding bonds shall not exceed the debt service payable in such year on the refunded bonds; and WHEREAS the Corporate Authorities have considered and determined that since interest rates are favorable for the City at this time, it is possible, proper and advisable to refund the Series 1990 Bonds at this time in order to achieve debt service savings; and WHEREAS the conditions of the LGDR Act set forth above will be met after the (hereinafter defined) Refunding is accomplished; and WHEREAS pursuant to the alternate bond refunding provisions set forth in Section 15 of the LGDR Act, the City is authorized to issue Alternate Bonds under the Act to refund the Refunded Bonds (hereinafter sometimes referred to as the "Refunding"), and it is deemed necessary and desirable to provide for the issuance of $1,400,000 principal amount general obligation Alternate Bonds for such purpose and to achieve a net debt service savings in each and every year (as compared to the applicable tax levies for the Series 1990 Bonds); and WHEREAS the proposed bonds (Series 2000B Bonds) to be issued will be payable from the Pledged Revenues and the Pledged Taxes, as hereinafter defined; and WHEREAS the Pledged Revenues also secure the currently outstanding General Obligation Bonds (Sales Tax Alternate Revenue Source), Series 1997A (the "Prior Alternate Bonds"), and besides the Series 1990 Bonds (which are being refunded by the Bonds) and the Prior Alternate Bonds, the Series 2000B Bonds is the only series of alternate bonds payable from the Pledged Revenues; and WHEREAS the Property Tax Extension Limitation Law of the State of Illinois, as amended (the "Tax Limitation Law"), imposes certain lim�itations on the "aggregate extension" of certain property taxes levied by the City, but provides that the definition of "aggregate extension" contained in Section 18-185 of the Tax Lim�itation Law does not include "extensions ... payments of principal and interest on bonds issued under Section 15 of the Local Government Debt Reform Act;" and -2- WHEREAS the County Clerk of McHenry County, Illinois, is therefore authorized to extend and collect said direct annual ad valorem tax so levied for the payment of the 2000B Alternate Bonds for the Refunding without limitation as to rate or amount; Now THEREFORE Be It Ordained by the City Council of the City of McHenry, McHenry County, 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 clearly indicates another or different meaning is intended: "Act" or "LGDR Act" means the Local Government Debt Reform Act of the Slate of Illinois, as amended. "Additional Bonds" means any alternate bonds issued in the future in accordance with the provisions of the Act on a parity with and sharing ratably and equally in the Pledged Revenues with the Series 2000B Bonds and the Prior Alternate Bonds. "Bond" or "Bonds" means one or more, as applicable, of the $1,400,000 General Obligation Refunding Bonds (Sales Tax Alternate Revenue Source), Series 2000B, authorized to be issued by this Ordinance. "Bond Fund" means the Series 2000B Alternate Bond Fund established hereunder and further described by Section I I of this Ordinance. "Bond Register" means the books of the City kept by the Bond Registrar to evidence the registration and transfer of the Bonds. "Bond Registrar" means American National Bank and Trust Company of Chicago, located in the City of Chicago, Illinois, or successor thereto or designated hereunder, in its respective capacities as bond registrar and paying agent. "City" means the City of McHenry, McHenry County, Illinois. -3- "Corporate Authorities" means the City Council of the City. "County Clerk" means the County Clerk of The County of McHenry, Illinois. "Code" means the Internal Revenue Code of 1986. "Depository" means the Depository Trust Company, a New York limited trust company, its successors, or a successor depository qualified to clear securities under applicable state and federal laws. "Fiscal Year" means that twelve -calendar month period beginning on the first day of January of any calendar year and ending on the last day of December of such calendar year. "Ordinance" means this ordinance as originally adopted and as the same may from time to time be amended or supplemented in accordance with terms hereof. "Outstanding" when used with reference to the Bonds, the Prior Alternate Bonds and Additional Bonds means such of those bonds which are outstanding and unpaid; provided, however, such term shall not include any of the Bonds, the Prior Alternate Bonds or Additional Bonds (a) which have matured and for which moneys are on deposit with proper paying agents or are otherwise sufficiently available to pay all principal thereof and interest thereon or (b) the provision for payment of which has been made by the City by the deposit in an irrevocable trust or escrow of funds or direct, full faith and credit obligations of the United States of America, the principal of and interest on which will be sufficient to pay at maturity or as called for redemption all the principal of and interest on such Bonds, Prior Alternate Bonds or Additional Bonds. "Pledged Moneys" means the Pledged Revenues and the Pledged Taxes, as all of such terms are defined herein. "Pledged Revenues " means all collections distributed to the City from those taxes imposed by the State of Illinois pursuant to the Use Tax Act, the Service Use Tax Act, the Service Occupation Tax Act and the Retailer's Occupation Tax Act, each as supplemented and ME amended from time to time, or substitute taxes therefor as provided by the State of Illinois in the future. "Pledged Taxes" means the ad valorem taxes levied against all of the taxable property in the City without hn-titation as to rate or amount, pledged hereunder by the City as security for the Bonds. "Refunded Bonds" means the previously issued and outstanding bonds of the City described and defined as such in the preambles to this Ordinance. "Refunding " means the refunding of the Refunded Bonds as described and defined in the preambles to this Ordinance. "Series 2000B Bonds" means the Bonds, and such term may be used interchangeably with the term -BOnds. " "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 will be 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. Section 2. Incorporation of Preambles. The Corporate Authorities hereby find that the recitals contained in the preambles to this Ordinance are true and correct and do hereby incorporate them into this Ordinance by this reference. Section 3. Determination To Issue Bonds. It is necessary and in the best interests of the City to provide for the Refunding, to pay all related costs and expenses incidental thereto, and to borrow money and issue the Bonds for such purpose. It is hereby found and determined that such borrowing of money is authorized pursuant to the Act. -5- Section 4. Bond Details. For the purpose of providing for the payment of the: costs of the Refunding and to pay all related costs and expenses incidental thereto, there shall be issued and sold the Bonds in the principal amount of $1,400,000. The Bonds shall each be designated "General Obligation Refunding Bond (Sales Tax Alternate Revenue Source), Series 2000B "; be dated November 1, 2000 (the "Dated Date "); and shall also bear the date of authentication thereof. The Bonds shall be in fully registered book -entry form (hereinafter "Book Entry Form"), shall be in denominations of $5,000 or integral multiples thereof (but no single Bond shall represent principal maturing on more than one date), shall be numbered consecutively in such fashion as shall be determined by the Bond Registrar, and shall become due and payable (not subject to the right of prior redemption) on December I of the years and in the amounts and bearing interest at the rates percent per annum. as follows: YEAR AMOUNT RATE 2001 $250,000 4.60% 2002 250,000 4.60% 2003 300,000 4.60% 2004 300,000 4.60% 2005 300,000 4.60% Each Bond shall bear interest from the later of its Dated Date or from 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 or duly provided for, such interest (computed upon the basis of a 360-day year of twelve 30-day months) being payable semiannually on June 1 and December I of each year, commencing on June 1, 2001. 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 as may be agreed by the Bond Registrar and the Depository; 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 Bond Registrar, payable upon 0 presentation thereof in lawful money of the United States of America, to the person in whose name such Bond is registered at the close of business on the applicable record date. The applicable record date (the "Record Date') is the 15th day of the month next preceding any regular interest payment date on the first day of any month. Such check or draft shall be mailed by the Bond Registrar to the Registered Owner at the address of such owner as it appears in such registration books or at such other address as is furnished in writing by such owner to the Bond Registrar. The principal of the Bonds shall be payable in lawful money of the United States of America upon presentation thereof at the office of the Bond Registrar in the City of Chicago, Illinois, or at successor Bond Registrar and address. Section 5. Book -Entry Provisions. The Bonds shall be initially issued in the forin 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 the name of "Cede & Co.", or any successor thereto, as nominee of the Depository. All of the outstanding Bonds from time to time shall be registered in the Bond Register in the name of Cede & 'Co., as nominee of the Depository. The Mayor or Treasurer of the City are authorized to execute and deliver on behalf of the City such letters to or agreements with the Depository as shall be necessary to effectuate such book -entry system (any such letter or agreement being referred to herein as the "Representation Letter"). Without limiting the generality of the authority given with respect to entering into such Representation Letter, 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 custorns and practices with respect to securities industry transfer and payment practices. -7- With respect to Bonds registered in the Bond Register in the name of Cede & Co., as nominee of the Depository, the City and the Bond Registrar shall have no 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, the City and the Bond Registrar shall have no responsibility or obligation with respect to (a) the accuracy of the records of the Depository, Cede & Co., 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, 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. Upon delivery by the Depository to the Bond Registrar of written notice to the effect that the Depository has determined to substitute a new nominee in place of Cede & Co., and subJect to the provisions hereof with respect to the payment of interest to the registered owners of Bonds at the close of business on the applicable record date, the name "Cede & Co. " in this Ordinance shall refer to such new nominee of the Depository. In the event that (a) the City determines that the Depository is incapable of discharging its responsibilities, (b) the agreement among the City, the Bond Registrar and the Depository evidenced by the Representation Letter shall be terminated or invalidated for any reason or (c) the City determines that it is in the best interests of the City or of the beneficial owners of the In Bonds that they be able to obtain certificated Bonds, the City shall notify the Depository and the Depository Participants of the availability of Bond certificates, and the Bonds shall no longer be restricted to being registered in the Bond Register in the name of Cede & Co., as nominee of the Depository. Alternatively, the City may determine that the Bonds shall be registered in the name of and deposited with a successor depository operating a book -entry system, as may be acceptable to the City, or such depository's agent or designee, but if the City does not select such alternate book -entry system, 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. Notwithstanding any other provision of this Ordinance to the contrary, so long as any Bond is registered in the name of Cede & Co., as nominee of the Depository, all payments with respect to principal of and interest on such Bond and all notices with respect to such Bond shall be made and given, respectively, in the manner provided in the Representation Letter. Section 6. Execution; Authentication. The Bonds shall be executed on behalf of the City by the manual or duly authorized facsimile signature of its Mayor and attested by the manual or duly authorized facsimile signature of its City Clerk, as they may determine, and shall have impressed or imprinted thereon the corporate seal or facsimile thereof of the City. In case any such 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. All Bonds shall have thereon a certificate of authentication, substantially in the form hereinafter set forth, duly executed by the Bond Registrar as authenticating agent of the City and showing the date of authentication. No Bond shall be valid or obligatory for any purpose or be entitled lo any security or benefit under this Ordinance unless and until such certificate of authentication shall WE have been duly executed by the Bond Registrar 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 it if signed by an authorized officer of the Bond Registrar, but it shall not be necessary that the same officer sign the certificate of authentication on all of the Bonds issued hereunder. Section 7. Registration and Exchange or Transfer of Bonds; Persons Treated as Owners. The City shall cause books (the "Bond Register") for the registration and for the transfer of the Bonds as provided in this Ordinance to be kept at the principal corporate trust office of the Bond Registrar in the City of Chicago, Illinois, or successor registrar and location. The City is authorized to prepare, and the Bond Registrar or such other agent as the City may designate shall keep custody of, multiple Bond blanks executed by the City for use in the transfer and exchange of Bonds. Subject to the provisions of this Ordinance relating to the Bonds in Book Entry Form, any Bond may be transferred or exchanged, but only in the manner, subject to the limitations, and upon payment of the charges as set forth in this Ordinance. Upon surrender for transfer or exchange of any Bond at the principal corporate trust office of the Bond Registrar, duly endorsed by or accompanied by a written instrument or instruments of transfer or exchange in form satisfactory to the Bond Registrar and duly executed by the registered owner or an attorney for such owner duly authorized in writing, the City shall execute and the Bond Registrar shall authenticate, date and deliver in the name of the transferee or transferees or, in the case of an exchange, the registered owner, a new fully registered Bond or Bonds of like tenor, of the same maturity, bearing the same interest rate, of authorized denominations, for a like aggregate principal amount. -10- The Bond Registrar shall not be required to transfer or exchange any Bond during the period from the close of business on the Record Date for an interest payment to the opening of business on such interest payment date. The execution by the City of any fully registered Bond shall constitute full and due authorization of such Bond, and the Bond Registrar shall thereby be authorized to authenticate, date and deliver such Bond; provided, however, the principal amount of Bonds of each maturity authenticated by the Bond Registrar shall not at any one time exceed the authorized principal amount of Bonds for such maturity less the amount of such Bonds which have been paid. 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 or interest on any Bond shall be made only to or upon the order of the registered owner thereof or his 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 City or the Bond Registrar 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. Section 8. For7n of Bonds. The Bonds shall be in substantially the form 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. -11- REGISTERED No. [Form of Bond - Front Side] UNITED STATES OF AMERICA STATE OF ILLINOIS COUNTY OF McHENRY CITY OF MMENRY GENERAL OBLIGATION REFUNDING BOND (SALEs TAx ALTERNATE REVENUE SOURCE) See Reverse Side for Additional Provisions Interest Maturity Rate: % Date: December 1, Registered Owner: CEDE & CO. Principal Amount: SERIES 2000B Dated Date: November 1, 2000 REGISTERED CUSIP: 581170 Dollars KNOW ALL PERSONS By THESE PRESENTS that the City of McHenry, McHenry County, Illinois, a municipality and political subdivision of the State of Illinois (the "City"), 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 (subject to right of prior redemption as hereinafter stated), 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 from the Dated Date of this Bond identified above or from the most recent interest payment date to which interest has been paid or duly provided for at the Interest Rate per annum identified above, such interest to be payable on June 1, 2001, and semiannually thereafter on June I and December I of each year until the Principal Amount is paid or duly -12- provided for. The principal of this Bond is payable in lawful money of the United States of America upon presentation hereof at the principal corporate trust office of American National Bank and Trust Company of Chicago, in the City of Chicago, Illinois, as paying agent and bond registrar (the "Bond Registrar"). Payment of interest shall be made to the Registered Owner hereof as shown on the registration books of the City maintained by the Bond Registrar at the close of business on the applicable Record Date (the "Record Date"). The Record Date shall be the 15th day of the month next preceding any regular or other interest payment date occurring on the Ist day of any month. Interest shall be paid by check or draft of the Bond Registrar, payable upon presentation in lawful money of the United States of America, mailed to the address of such Registered Owner as it appears on such registration books or at such other address furnished in writing by such Registered Owner to the Bond Registrar, or as otherwise agreed by the City and Cede & Co., as nominee, or successor, for so long as this Bond is held by Depository Trust Company, New York, New York, the Depository, or nominee, in book -entry only form as provided for same. 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. It is hereby certified and recited that all acts, conditions and things required to be done precedent to and in the issuance of this Bond have been done and have happened and have been performed in regular and due form of law; that the indebtedness of the City, including the issue of Bonds of which this is one, does not exceed any limitation imposed by law; that provision has been made for the collection of the Pledged Revenues, the levy and collection of the Pledged Taxes, and the segregation of all Pledged Moneys to pay the interest hereon as it falls due and also to pay and discharge the principal hereof at maturity; and that the City hereby covenants and -13- agrees that it will properly account for said Pledged Moneys and will comply with all the covenants of and maintain the funds and accounts as provided by the Ordinance. FOR THE PROMPT PAYMENT OF THIS BOND, BOTH PRINCIPAL AND INTEREST AT MATURITY, THE FULL FAITH, CREDIT AND RESOURCES OF THE CITY ARE HEREBY IRREVOCABLY PLEDGED. This Bond shall not be valid or become obligatory for any purpose until the certificate of authentication hereon shall have been signed by the Bond Registrar. -14-