HomeMy WebLinkAboutOrdinance #1184
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ORD I NANCS NO . 118 4 °~ • E~~"~`w`~
AN ORDINANCE AUTSORI2ING T~ ISSU ~ u uCI~RK X80 000
GENERAL OBLIGATION BONDS, SERIES 198'TA$N TY~t'~~~CANTOp,
FULTON COUNT7f, ILLINOIS
i~1HEREAS, the City of Canton, Fulton County, Illinois
(the "City"), operates its municipally-owned sewerage system
(including collection and wastewater treatment facilities, the
"System") in accordance with the provisions of the Illinois
Municipal Code [Section 1-1-1 et s~g. of Chapter 24 of the
Illinois Revised Statutes, and particularly Section 8-4-1(13)
thereof, as supplemented and amended, including by the Registered
Bond Act, the Local Government Credit Enhancement Act and the
Municipal Bond Reform Act (the "Act")]; and
FiBBRSAS, the City Council of the City (the "Corporate
Authorities") has determined that it is advisable, necessary and
in the best interests of the City's public health, safety and
welfare to undertake a project providing for major improvements
and extensions to the System, such improvements to include the
acquisition, construction and installation of improvements and
extensions to the City's existing sewerage collection system and
treatment plant and facilities, together with all required
structures, equipment, appurtenances and fixtures, all
electrical, mechanical or other work and the acquisition of land
or rights in land necessary, useful or advisable in connection
with such work (the "Project"), all in accordance with the plans
and specifications therefor prepared by Crawford, Murphy &
Tilley, Inc., Springfield, Illinois, the engineering firm engaged
for such purposes, which are now on file in the office of the
City Clerk for public inspection; and "-
~RBAS, the Project is mandated by an compliance
schedule developed in connection with the federal Clean Water Act
(the "compliance schedule"), and the acquisition, construction
~ r 1
and installation of the Project is necessary to alleviate an
emergency condition in the City in connection therewith; and
f~REAS, the estimated cost of acquiring, constructing,
and installing the Project, including necessary interest during
such acquisition, construction and installation, engineering,
legal, financial, bond discount, printing and publication costs,
and other expenses preliminary to and in connection with the
Project is anticipated not to be less than the sum of $600,000,
which is presently anticipated and planned to be paid from the
hereinafter described bonds; and
i~1SEREAS, the City has insufficient funds to pay the
costs of the Project and, therefore, must borrow money and issue
bonds under this ordinance in evidence thereof up to the
aggregate principal amount of up to $480,000 for such purposes;
and
f~RgAS, for convenience of reference only this
ordinance is divided into numbered sections with headings, which
shall not define or limit the provisions hereof, as follows:
Page
Preambles 1
Section 1. Authority and Purpose. 3
Section 2. Authorization and Terms of Bonds 3
Section 3. Bond Purchase Agreement. 6
Section 4. Execution and Authentication 7
Section 5. Transfer, Exchange and Registration. 7
Section 6. Bond Registrar and Paying Agent. 9
Section 7. General Obligations. 10
Section 8. Form of Bonds. 10
Section 9. Levy and Extension of Taxes. 16
Section 10. Debt Service Fund. 17
Section 11. Bond Proceeds Fund .~ 17
Section 12. Exception from Arbitrage Rebate. 18
Section 13. Investment Regulations 18
Section 14. Tax Covenants. 18
Section 15. Bank Qualified Bonds 19
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Section 16. Ordinance to Constitute a Contract .
Section 17. Publication. .
Section 18. Effective Date .
. 20
20
20
NOFI, THEREFORE, BE IT ORDAINED BY THS CITY COUNCIL OF
THE CITY OF CANTON, FULTON COUNTY, ILLINOIS, AS FOLLOf~IS:
Section 1. Authority and Purpose. This ordinance
is adopted pursuant to the Constitution and laws of the State of
Illinois, including the Illinois Municipal Code (Section 1-1-1 et
seq. of Chapter 24 of the Illinois Revised Statutes), as
supplemented and amended, including by the Registered Bond Act,
the Local Government Credit Enhancement Act and the Municipal
Bond Reform Act, for the purpose of financing the acquisition,
construction and installation of the Project, to be done or
undertaken by the City of Canton, Illinois. The acquisition,
construction and installation of the Project is necessary to
alleviate an emergency condition in the City related to the
City's sewerage system, including the prevention of imminent
discharge of raw sewage into the creek system draining the City
and surrounding areas.
Section 2. Authorization and Terms of Bonds.• To
meet part of the estimated cost of the Project, there is hereby
appropriated the sum of up to $480,000, to be derived from the
proceeds of the bonds herein described. For the purpose of
financing such appropriation, general obligation bonds of the
City shall be issued and sold in an aggregate principal amount of
not to exceed $480,000, shall each be designated "General
Obligation Bond, Series 1988", and shall be issuable in the
denominations of $5,000 or any authorized integral multiple
thereof. The bonds shall be numbered consecutively from 1
upwards in order of their issuance and may bear such identifying
numbers or letters as shall be useful to facilitate the
registration, transfer and exchange of bonds. Unless otherwise
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determined in an order to authenticate the bonds, each bond shall
be dated as of the interest payment date next preceding the date
of issuance thereof, except that (a) if such date of issuance
shall be prior to the first interest payment date, each bond
shall be dated as of or after February 1, 1988, and as of or
before the date of issuance sale and delivery thereof, as the
purchaser or purchasers thereof agree or accept, (b) if such date
of issuance shall be an interest payment date, each bond shall be
dated as of such interest payment date, or (c) if interest due on
any bond shall not have been paid in full, then notwithstanding
any of the foregoing provisions, such bond shall be dated as of
the last date to which interest has been paid in full on such
bond. The bonds shall bear interest at the rates and shall
mature on December 1 of the years and in the respective principal
amounts as follows:
Principal
Year Hmount
1989 $60,000
1990 60,000
1991 60,000
1992 60,000
1993 60,000
1994 60,000
1995 60,000
1996 60,000
Interest
Rate
7.40X
7.50
7.70X
7.90x
B.OOX
8. 15~;
8.25%
8.40
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Each bond shall bear interest from its date, computed
on the basis of a 360-day year consisting of twelve 30-day
months, and payable in lawful money of the United States of
America on December 1, 1988, and semiannually thereafter on each
June 1 and December 1 at the rates per annum herein set forth.
The principal of and premium, if any, on the bonds shall be
payable in lawful money of the United States of America upon
presentation and surrender thereof at the principal office of
The National Bank of Canton, in the City of Canton, Illinois,
which is hereby appointed paying agent for the bonds. Interest
on the bonds shall be payable on each interest payment date to
the registered owners of record appearing on the registration
books maintained by The National Bank of Canton, in the City of
Canton, Illinois, the bond registrar on behalf of the City for
such purpose, at the principal office of the bond registrar as of
the close of business on the fifteenth (15th) day of the calendar
month next preceding the applicable interest payment date.
Interest on the bonds shall be paid by check or draft mailed to
such registered owners at their addresses appearing on the
registration books.
The bonds shall be subject to redemption prior to
maturity at the option of the City, with the notice as herein
provided, in inverse order of on any interest payment date at a
redemption price equal to the principal amount to be so redeemed,
plus accrued interest.
In the event of the redemption of less than all the
bonds of like maturity, the aggregate principal amount thereof to
be redeemed shall be $5,000 or an integral multiple thereof, and
the bond registrar shall assign to each bond of such maturity a
distinctive number for each $5,000 principal amount of such bond
and shall select by lot from the numbers so assigned as many
numbers as, at $5,000 for each number, shall equal the principal
amount of such bonds to be redeemed. The bonds to be redeemed
shall be the bonds to which were assigned numbers so selected;
provided that only so much of the principal amount of each bond
shall be redeemed as shall equal $5,000 for each number assigned
to it and so selected.
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Notice of the redemption of bonds shall be mailed not
less than 30 days nor more than 60 days prior to the date fixed
for such redemption to the registered owners of bonds to be re-
deemed at their last addressee appearing on the registration
books thereof. The bonds or portions thereof specified in such
notice shall become due and payable at the applicable redemption
price on the redemption date therein designated, and if, on the
redemption date, moneys for payment of the redemption price of
all the bonds or portions thereof to be redeemed, together with
interest to the redemption date, shall be available for such
payment on such redemption date, and if notice of redemption
shall have been mailed as set forth above (and notwithstanding
any defect therein or the lack of actual receipt thereof by any
registered owner) then from and after the redemption date
interest on such bonds or portions thereof 8ha11 cease to accrue
and become payable. If there shall be drawn for redemption less
than all of a bond, the City shall execute and the bond registrar
shall authenticate and deliver, upon the surrender of such bond,
without charge to the owner thereof, for the unredeemed balance
of the bond so surrendered, bonds of like maturity and of the
denomination of $5,000 or any authorized integral multiple
thereof.
The bond registrar shall not be required to transfer or
exchange any bond after notice of the redemption of all or a
portion thereof has been mailed. The bond registrar shall not be
required to transfer or exchange any bond during the period from
the fifteenth (15th) day of the month preceding any interest
payment date to such interest payment date or during a period of
fifteen (15) days next preceding the mailing of a notice of
redemption which could designate for redemption all or a portion
of such bond.
Section 3. Bond Purchase Agreement. The Mayor and
City Clerk be and they are authorized to execute and deliver a
bond purchase agreement with the purchasers of the bonds (The
National Bank of Canton, Canton State Bank and Community Bank and
Trust Company) in appropriate form with terms not inconsistent
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with this ordinance for and on behalf of the City and, together
with other appropriate officials of the City, are hereby
authorized and directed to do and perform, or cause to be done or
performed for or on behalf of the City, each and every thing
necessary for the issuance of the bonds, including the proper
execution, delivery and performance of such bond purchase
agreement and an appropriate certificate in connection with the
City's tax covenants made and contained in Section 14 hereof.
Section 4. Baecution and Authentication. Each bond
shall be executed in the name of the City by the manual or
authorized facsimile signature of its Mayor and the corporate
seal of the City, or a facsimile thereof, shall be thereunto
impressed, affixed or otherwise reproduced thereon and attested
by the manual or authorized facsimile signature of its City
Clerk.
In case any officer whose signature, or a facsimile of
whose signature, shall appear on any bond shall cease to hold
such office before the issuance of such bond, such bond shall
nevertheless be valid and sufficient for all purposes, the same
as if the person whose signature, or a facsimile thereof, appears
on such bond had not ceased to hold such office. Any bond may be
signed, sealed or attested on behalf of the City by any person
who, on the date of such act, shall hold the proper office,
notwithstanding that at the date of such bond such person may not
hold such office. No recourse shall be had for the payment of
any bonds against any member of the City Council or any officer
or employee of the City (past, present or future) who executes
the bonds, or on any other basis. Each bond shall bear thereon a
certificate of authentication executed manually by the bond
registrar. No bond shall be entitled to any right or benefit
under this ordinance or shall be valid or obligatory of any
purpose until such certificate of authentication shall have been
duly executed by the bond registrar. Bonds may be issued in
typewritten or other temporary form in lieu of or preliminary to
the availability of bonds in definitive form, as the purchaser or
purchasers of the bonds agree or accept.
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Section 5. Transfer, T~change and Registration.
The bonds shall be negotiable, subject to the provisions for
registration of transfer contained herein. Each bond shall be
transferable only upon the registration books maintained by the
bond registrar on behalf of the City for that purpose at the
principal corporate trust office of the bond registrar, by the
registered owner thereof in person or by such registered owner's
attorney duly authorized in writing, upon surrender thereof
together with a written instrument of transfer satisfactory to
the bond registrar and duly executed by the registered owner or
such registered owner's duly authorized attorney. Upon the
surrender for transfer of any such bond, the City shall execute
and the bond registrar shall authenticate and deliver a new bond
or bonds registered in the name of the transferee, of the same
aggregate principal amount, maturity and interest rate as the
surrendered bond. Bonds, upon surrender thereof at the principal
corporate trust office of the bond registrar, with a written
instrument satisfactory to the bond registrar, duly executed by
the registered owner or such registered owner"s attorney duly
authorized in writing, may be exchanged for an equal aggregate
principal amount of bond8 of the same maturity and interest rate
and of the denominations of $5,000 or any authorized integral
multiple thereof.
For every such exchange or registration of transfer of
bonds, the City or the bond registrar may make a charge
sufficient to reimburse it for any tax, fee or other governmental
charge required to be paid with respect to such exchange or
transfer, which sum or sums shall be paid by the person
requesting such exchange or transfer as a condition precedent to
the exercise of the privilege of making such exchange or
transfer. No other charge shall be made for the privilege of
making such transfer or exchange. The provisions of the Illinois
Bond Replacement Act shall govern the replacement of lost,
destroyed or defaced bonds.
The City and the bond registrar may deem and treat the
person in whose name any bond shall be registered upon the
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registration books as the absolute owner of such bond, whether
such bond shall be overdue or not, for the purpose of receiving
payment of, or on account of, the principal of, premium, if any,
or interest thereon and for all other purposes whatsoever, and
all such payments so made to any such registered owner or upon
such registered owner's order shall be valid and effectual to
satisfy and discharge the liability upon such bond to the extent
of the sum or sums so paid, and neither the City nor the bond
registrar shall be affected by any notice to the contrary.
Section 6. Bond Registrar and Pavinv Agent. The
City covenants that it shall at all times retain a bond registrar
and paying agent with respect to the bonds and shall cause to be
maintained at the office of such registrar a place where bonds
may be presented for registration of transfer or exchange, that
it will maintain at the designated office of the paying agent a
place where bonds may be presented for payment, that it shall
require that the bond registrar maintain proper registration
books and that it shall require the bond registrar and paying
agent to perform the other duties and obligations imposed upon
them by this ordinance in a manner consistent with the standards,
customs and practices of the municipal securities business. The
City may enter into appropriate agreement8 with the registrar and
paying agent in connection with the foregoing.
The bond registrar and paying agent shall signify their
acceptances of the duties and obligations imposed upon them by
this ordinance. The bond registrar by executing the certificate
of authentication on any bond shall be deemed to have certified
to the City that it has all requisite power to accept, and has
accepted, such duties and obligations not only with respect to
the bond so authenticated but with respect to all the bonds. The
bond registrar and paying agent are the agents of the City for
such purposes and shall not be liable iri connection with the
performance of their respective duties except for their own
negligence or default. The bond registrar shall, however, be
responsible for any representation in its certificate of
authentication on the bonds.
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The City may remove the bond registrar or paying agent
at any time. In case at any time the bond registrar or paying
agent shall resign or shall be removed or shall become incapable
of acting, or shall be adjudged a bankrupt or insolvent, or if a
receiver, liquidator or conservator of the bond registrar, or of
its property, shall be appointed, or if any public officer shall
take charge or control of the bond registrar or paying agent or
of their respective properties or affairs, the City covenants and
agrees that it will thereupon appoint a successor bond registrar
or paying agent, as the case may be. The City shall mail or
cause to be mailed notice of any such appointment made by it to
each registered owner of bonds within twenty days after such
appointment. Any bond registrar or paying agent appointed under
the provisions of this Section shall be a bank, trust company,
national banking association or other qualified professional with
respect to such matters, maintaining its principal office in the
State of Illinois.
Section 7. General Obligations. The full faith and
credit of the City are hereby irrevocably pledged to the punctual
payment of the principal of and interest on the bonds. The bonds
shall be direct and general obligations of the City, and the City
shall be obligated to levy ad valorem taxes upon all the taxable
property in the City for the payment of the bonds and the
interest thereon, without limitation as to rate or amount.
Section 8. Form of Bonds. The bonds shall be
issued as fully registered bonds and shall be in substantially
the following form, the blanks to be appropriately completed
[CUSIPs being optional) when the bonds are printed or prepared in
temporary form in lieu of or preliminary to, as the case may be,
the preparation of bonds in definitive form:
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UNITED STATES OF AFRICA
STATL OF ILLINOIS
COUNTY OF FULTON
CITY OF CANTON
GENERAL OBLIGATION BOND
SERIES 1988
REGISTERED NO. REGISTERED $
INTgRSST RATE: MATURITY DATFS: DATED DATE: CUSIP:
Registered Owner:
Principal Amount:
The City of Canton, a municipal corporation and
non-home rule unit of local government situated in the County of
Fulton, in the State of Illinois, acknowledges itself indebted
and for value received hereby promises to pay to the Registered
Owner identified above, or registered assigns, the Principal
Amount set forth above on the Maturity Date specified above, and
to pay interest on such Principal Amount from the Dated Date
hereof at the Interest Rate per annum specified above, computed
on the basis of a 360-day year consisting of twelve 30-day months
and payable in lawful money of the United States of America on
December 1, 1988, and semiannually thereafter on the first days
of June and December in each year until the Principal Amount set
forth above shall have been paid, by check or draft mailed to the
Registered Owner of record hereof as of the fifteenth (15th) day
of the calendar month next preceding such interest payment date,
at the address of such Registered Owner appearing on the
registration books maintained for such purpose at the principal
office of The National Bank of Canton, in the City of Canton,
Illinois, as bond registrar or its successor (the "Bond
Registrar"). This bond, as to principal and premium, if any,
when due, will be payable in lawful money of the United States of
America upon presentation and surrender 'of this bond at the
principal office of The National Bank of Canton, in the City of
Canton, Illinois as paying agent or its successor (the "Paying
Agent"). The full faith and credit of the City are irrevocably
pledged for the punctual payment of the principal of and interest
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on this bond according to its terms. The City has provided for a
levy of general taxes, together with other available moneys, to
timely pay the principal of and interest on this bond as it
matures or comes due.
This bond is one of a series of bonds issued in the
aggregate principal amount of not to exceed $480,000, which are
all of like tenor except as to date, maturity, option of
redemption and rate of interest and which are authorized and
issued under and pursuant to the Constitution and laws of the
State of Illinois, including the Illinois Municipal Code (Section
1-1-1 et sea. of Chapter 24 of the Illinois Revised Statutes, and
particularly Section 8-4-1(13) thereof), as supplemented and
amended, including by the Registered Bond Act, the Local
Government Credit Enhancement Act and the Municipal Bond Reform
Act, and pursuant to and in accordance with Ordinance No. ,
adopted by the City Council of the City on February 2, 1988, and
entitled: "An Ordinance Authorizing the Issuance of $480,000
General Obligation Bonds, Series 1988, of the City of Canton,
Fulton County, Illinois."
The bonds of such series are subject to redemption
prior to maturity at the option of the City, with the notice as
herein provided, in inverse order of maturity and by lot within a
single maturity on any interest payment date at a redemption
price equal to the principal amount to be so redeemed, plus
accrued interest. Notice of the redemption of bonds will be
mailed not less than 30 days nor more than 60 days prior to the
date fixed for such redemption to the registered owners of bonds
to be redeemed at their last addresses appearing on such
registration books. The bonds or portions thereof specified in
such notice shall become due and payable at the applicable
redemption price on the redemption date therein designated, and
if, on the redemption date, moneys for payment of the redemption
price of all the bonds or portions thereof to be redeemed,
together with interest to the redemption date, shall be available
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for such payment on such redemption date, and if notice of
redemption shall have been mailed as herein set forth (and
notwithstanding any defect therein or the lack of actual receipt
thereof by any registered owner) then from and after the
redemption date interest on such bond8 or portions thereof shall
cease to accrue and become payable.
This bond is transferable only upon such registration
books by the Registered Owner hereof in person, or by such
Registered Owner's attorney duly authorized in writing, upon
surrender hereof at the principal corporate trust office of the
Bond Registrar together with a written instrument of transfer
satisfactory to the Bond Registrar duly executed by the
Registered Owner or by such Registered Owner's duly authorized
attorney, and thereupon a new registered bond or bonds, in the
authorized denominations of $5,000 or any authorized integral
multiple thereof and of the same aggregate principal amount,
maturity and interest rate as this bond shall be issued to the
transferee in exchange therefor. In like manner, this bond may
be exchanged for an equal aggregate principal amount of bonds of
the same maturity and interest rate and of any of such authorized
denominations. The Bond Registrar shall not be required to
exchange or transfer any bond during the period from the
fifteenth (15th) day of the month preceding any interest payment
date to such interest payment date or during a period of
fifteen (15) days next preceding the mailing of a notice of
redemption which could designate all or a part of a bond for
redemption. The City or the Bond Registrar may make a charge
sufficient to reimburse it for any tax, fee or other governmental
charge required to be paid with respect to the transfer or
exchange of this bond. No other charge shall be made for the
privilege of making such transfer or exchange. The City and the
Bond Registrar may treat and consider the person in whose name
this bond is registered as the absolute owner hereof for the
purpose of receiving payment of, or on account of, the principal,
premium, if any, and interest due hereon and for all other
purposes whatsoever, and all such payments so made to such
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Registered Owner or upon such Registered Owner's order shall be
valid and effectual to satisfy and discharge the liability upon
this bond to the extent of the sum or some so paid, and neither
the City nor the Bond Registrar shall be affected by any notice
to the contrary.
No recourse shall be had for the payment of any bonds
against any member of the City Council or any officer or employee
of the City (past, present or future) who executes any bonds, or
on any other basis. The City may remove the Bond Registrar or
Paying Agent at any time and for any reason and appoint a
successor.
This bond shall not be valid or become obligatory for
any purpose until the certificate of authentication hereon shall
have been duly executed by the Bond Registrar.
It is hereby certified, recited and declared that all
acts, conditions and things required to be done, exist and be
performed precedent to and in the issuance of this bond in order
to make it a legal, valid and binding general obligation of the
City have been done, exist and have been performed in regular and
due time, form and manner as required by law, and that the aeries
of bonds of which this bond is one, together with all other
indebtedness of the City is within every debt or other limit
prescribed by law.
IN i~IITNSSS i~i~RBOF, the City of Canton, Fulton County,
Illinois, has caused this bond to be executed in its name and on
its behalf by the manual or facsimile signature of its Mayor, and
its corporate seal, or a facsimile thereof, to be hereunto
impressed, affixed or otherwise reproduced hereon and attested by
the manual or facsimile signature of its City Clerk, all as of
the Dated Date set forth above.
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CITY OF CANTON, ILLINOIS
(SEAL)
Mayor
Attest:
City Clerk
Dated:
CBRTIFICATB OF AU'l~rICATION
This bond is one of the General Obligation Bonds, Series 1988,
described in the within mentioned Ordinance.
The National Bank of Canton,
Canton, Illinois,
as Bond Registrar
By
Authorized Officer
Bond Registrar: The National Bank of Canton,
Canton, Illinois
Paying Agent: The National Bank of Canton,
Canton, Illinois
(Legend for ownership abbreviations to be placed here.]
ASSIGrII~NT
For value received the undersigned sells, assigns and
transfers unto
[Name, Address and Social Security Number'-or FEIN of Assignee)
the within bond and hereby irrevocably constitutes and appoints
attorney to transfer the
said bond on the books kept for registration thereof, with full
power of substitution in the premises.
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Dated
Signature Guarantee:
Notice: The signature of this assignment must correspond with
the name of the registered owner as i t appears upon the face of
the within bond in every particular, without alteration or
enlargement or any change whatever.
Section 9. Lev and Rxtension of Taxes. For the
purpose of providing the money required to pay the interest on
the bonds when and as the same falls due and to pay and discharge
the principal thereof as the same shall mature, there shall be
levied upon all the taxable property in the City, in each year
while any of the bonds shall be outstanding, a direct annual tax
in each of the years 1988 to 1995, inclusive, sufficient for that
purpose, in addition to all other taxes, such direct annual tax
to be in the amounts in each of such years, as follows:
For the Year A Tax Sufficient to Produce the Sum of
1988 $114,750 for interest up to and
including June, 1990.
1989 91,290 for interest and principal
1990 86,730 for interest and principal
1991 82,050 for interest and principal
1992 77,280 for interest and principal
1993 72,435 for interest and principal
1994 67,470 for interest and principal
1995 62,475 for interest and principal
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Interest or principal coming due at any time when there
shall be insufficient funds on hand to pay the same shall be paid
promptly when due from current funds on hand in advance of the
collection of the taxes herein levied; and when such taxes shall
have been collected, reimbursement shall be made to such fund or
funds from which such advance was made in the amounts thus
advanced.
As soon as this ordinance becomes effective, a copy
hereof certified by the City Clerk, which certificate shall
recite that this ordinance has been duly adopted, shall be filed
with the County Clerk of Fulton County, Illinois, who is hereby
directed to ascertain the rate per cent required to produce the
aggregate tax hereinabove provided to be levied in the years 1988
to 1995, inclusive, and to extend the same for collection on the
tax books in connection with other taxes levied in each of such
years. in and by the City for general corporate purposes of the
City, and in each of such years such annual tax shall be levied
and collected in like manner as taxes for general corporate
purposes for each of such years are levied and collected and,
when collected, such taxes shall be used solely for the purpose
of paying the principal of and interest on the bonds herein
authorized as the same become due and payable.
Section 10. Debt Service Emend. Moneys derived from
taxes herein levied, together with other available funds
therefor, are appropriated and set aside for the sole purpose of
paying principal of and interest on the bonds when and as the
same come due. All of such moneys, and all other moneys to be
used for the payment of the principal of and interest on the
bonds, shall be deposited in the "Debt Service Fund of 1988"
which is hereby established as a special fund of the City and
shall be administered as a bona fide debt service fund under the
Internal Revenue Code of 1986. All accrued interest received
upon the issuance of the bonds, together with other available
funds therefor, shall be deposited in the Debt Service Fund of
1988.
Section 11. Bond Proceeds Fund. All of the proceeds
of sale of the bonds (exclusive of accrued interest) shall be
-17-
deposited in the "Bond Proceeds Fund of 1988" which is hereby
established as a special fund of the City. Moneys in the Bond
Proceeds Fund of 1988 shall be used for the purposes specified in
Section 1 of this ordinance and for the payment of costs of
issuance of the bonds, but may hereafter be reappropriated and
used for other lawful purposes. Before any such reappropriation
shall be made, there shall be filed with the City Clerk an
opinion of Evans & Froehlich, Champaign, Illinois, or other
nationally recognized bond counsel to the effect that such
reappropriation will not adversely affect the tax-exempt status
of the bonds under Section 103 of the Internal Revenue Code of
1986.
Section 12. Exception frog Arbitrage Rebate. The
City does not reasonably expect to issue more than $5,000,000 of
tax-exempt obligations in the calendar year 1988 within the
meaning of the small issuer exception under Section 148(f)(4)(C)
of the Internal Revenue Code of 1986.
Section 13. Investment Regulations. No investment
shall be made of any moneys in the Debt Service Fund of 1988 or
the Bond Proceeds Fund of 1988 except in accordance with the tax
covenants set forth in Section 14 of this ordinance. All income
derived from such investments in respect of moneys or securities
in any Fund shall be credited in each case to the Fund in which
such moneys or securities are held.
Any moneys in any Fund that are subject to investment
yield restrictions may be invested in United States Treasury
Securities, State and Local Government Series, pursuant to the
requlation8 of the United States Treasury Department, Bureau of
Public Debt. The City's Treasurer and agents designated by such
officer are hereby authorized to submit, on behalf of the City,
subscriptions for such United States Treasury Securities and to
request redemption of such United States Treasury Securities.
Section 14. Tax Covenants. The City shall not take,
or omit to take, any action lawful and within its power to take,
which action or omission would cause interest on any bond to
become subject to federal income taxes in addition to federal
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income taxes to which interest on such bond is subject on the
date of original issuance thereof.
The City shall not permit any of the proceeds of the
bonds, or any facilities financed with such proceeds, to be used
in any manner that would cause any bond to constitute a "private
activity bond" within the meaning of Section 141 of the Internal
Revenue Code of 1986.
The City shall not permit any of the proceeds of the
bonds or other moneys to be invested in any manner that would
cause any bond to constitute an "arbitrage bond" within the
meaning of Section 148 of the Internal Revenue Code of 1986.
The City shall comply with the provisions of Section
148(f) of the Internal Revenue Code of 1986 relating to the
rebate of certain investment earnings at periodic intervals to
the United States of America to the extent that there shall have
been filed with the City Clerk an opinion of Evans & Froehlich,
Champaign, Illinois, or other nationally recognized bond counsel
to the effect that such compliance is necessary to preserve the
exclusion from gross income for federal income tax purposes of
interest on the bonds under Section 103 of the Internal Revenue
Code of 1986.
Section 15. Bank Qualified Bonds. Pursuant to
Section 265(b)(3) of the Internal Revenue Code of 1986, the City
hereby designates the bonds as "qualified tax-exempt obligations"
as defined in Section 265(b)(3) of the Internal Revenue Code of
1986. The City represents that the reasonably anticipated amount
of tax-exempt obligations that will be issued by the City and all
subordinate entities of the City during the calendar year 1988,
in which the bonds are to be issued, will not exceed $10,000,000
within the meaning of Section 265(b)(3) of the Internal Revenue
Code of 1986. The City covenants that it will not designate and
issue more than $10,000,000 aggregate 'principal amount of
tax-exempt obligations in such calendar year. For purposes of
this Section 15, the term "tax-exempt obligations" includes
"qualified 501(c)(3) bonds" (as defined in the Section 145 of the
Internal Revenue Code of 1986) but does not include other
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"private activity bonds" (as defined in Section 141 of the
Internal Revenue Code of 1986).
Section 16. Ordinance to Constitute a Contract. The
provisions of this ordinance shall constitute a contract between
the City and the registered owners of the bonds. Any pledge made
in this ordinance and the provisions, covenants and agreements
herein set forth to be performed by or on behalf of the City
shall be for the equal benefit, protection and security of the
registered owners of any and all of the bonds. All of the bonds,
regardless of the time or times of their issuance, shall be of
equal rank without preference, priority or distinction of any of
the bonds over any other thereof except as expressly provided in
or pursuant to this ordinance. This ordinance shall constitute
full authority for the issuance of the bonds. If any section,
paragraph or provision of this ordinance shall be held to be
invalid or unenforceable for any reason, the invalidity or
unenforceability of such section, paragraph or provision shall
not affect any of the remaining provisions of this ordinance.
Section 17. Publication. The City Clerk is hereby
authorized and directed to publish this ordinance in pamphlet
form under Section 1-2-4 of the Illinois Municipal Code and to
prepare file copies thereof for public inspection in the office
of the City Clerk.
Section 18. Bffectiye Date. This ordinance shall
become effective upon its passage, approval and publication in
the manner and with the effect provided by law.
Adopted this 2nd day of February, 1988, by roll call
vote as follows:
Ayes: Aldermen Kovachevich, Zilly, Steck, Sarff, r~teade,
Bohler, May.
None.
A~~ent: Alderman Chapman.
(SEAL) '•
Attest: Approved: this 2nd day of
February, 1988
i
C ty C1 rk Mayor
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PAI~HLET PUBLICATION
ORDINANCE NO. 1184
AN ORDINANCE AUTHORIZING TBB ISSUANCE OF UP TO $480,000
GENERAL OBLIGATION BONDS, SERIES 1988, OF THS CITY OF
CANTON, FULTON COUNTY, ILLINOIS
PRESENTED: January 19, 1988
PASSED: February 2, 1988
APPROVED: February 2, 1988
RECORDED: February 16, 7988
PUBLISHED• February 2, 1988
Voting "Aye" : Kovachevich Z~ 7 7 y, StP~k , ~a r,~ Z~ea ~TR~I~e= ~ May ,
Voting "Nay": None.
Other (Absent, Abstain, etc.) : Absent : A7 c~Prman ~.,h.a.pman.
The undersigned being the duly qualified and acting City
Clerk of the City of Canton, Illinois, does hereby certify that
this document constitutes the publication in pamphlet form, in
connection with and pursuant to Section 1-2-4 of the Illinois
Municipal Code, of the above-captioned ordinance and that such
ordinance was presented, passed, approved, recorded and published
as above stated.
Ci y Clerk
(SEAL)
Dated: February 12, 7AAR
CERTIFICATE
STATE CF II~.IrAIS , )
SS.
OOUrTIY aF F[JLTCN . )
I, Nancy Whites, City Cleric of the City of Canton, in the County. of ~.ilton
and State of Illinois, do hereby certify that as the City Clerk of the City
of Canton, I am the keeper of records, minutes, ordinaries and other books,
records and papers of said City, and that the foregoing is a true and correct
Dory of : .
ORDINANCE NO. 1184
AN ORDIY1i4NCE AUTHORIZING THE ISSUANCE OF UP TO
$480,000 GENERAL OBLIGATION BONDS, SERIES 1988,
THE CITY OF CANTON, FULTON COUNTY, ILLINOIS,
adopted by the City Council of said City and approved by the Mayor thereof
on the ?ud day of ~,~~~,~„„ _ _ 19 88
WT1I~,SS iay hand and the Corporate Seal of the City of Canton, Illinois
~g 6th ~y of March , 19 88
y
(SEAL)