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HomeMy WebLinkAboutOrdinance #0764~...s^ ~ ~` i ORDINANCE N0. ORDINANCE amending Indenture of Mortgage and Deed of Trust. Be It Ordained by the City Council of the City of Canton, Fulton County, Illinois, as follows: i • ~ Section 1. Definitions. §1.01. "Bond" or "Bonds," "Initial Bond" and "Term Bond" shall have the meanings as defined in the Indenture. §1.02. "Bond Ordinance" means ordinance number 711 of the City, passed April 18, 1979. §1.03. "Bank" means The Northern Trust Company, Chicago, Illinois. §1.04. "City" means the City of Canton, Fulton County, Illinois. §1.05. "Indenture" means that certain Indenture of Mortgage and Deed of Trust dated as of March 1, 1979, by and between the City and Continental Illinois National Bank and Trust Company of Chicago, as trustee, providing for the issuance of the Bonds. Section 2. Findings and Recitals. §2.01. The Indenture provides for the Bank as holder of the Initial Bond to present the same for reissue on or before March 31, 1980. < - §2.02. Due to a delay in the fulfillment of requirements for the purchase by Aetna Casualty and Surety Company of Term Bonds, it is necessary and desirable for the Bank to continue to hold the Initial Bond for a period of time. §2.03. The Initial Bond is the only Bond outstanding under the Indenture, and the Bank, as holder thereof, and the City may agree to amend the terms of the Indenture. Section 3. Amendment of the Indenture. §3.01. The time for presentment of the Initial Bond as stated in Section 401 (a) of the Indenture is hereby amended to be not later than , 1980. §3.02. Section 4~01(a) of the Indenture is hereby amended to read as follows: Section 401. Issuance of Term Bonds. (a) If, as and when but in no event later than , 1980) the Holder of the Initial Bond shall pres t t e same to the Trustee for reissue together with a certificate as described in Section 401(b) hereof, the Trustee will authenticate, in exchange for the Initial Bond, new Bonds previously executed by the City (herein generally called "Term Bonds") in an aggregate principal sum of $1,720,000 as Priority Bonds and Subordinate Bonds (as further described in Article V hereof), which Term Bonds shall have the characteristics set forth in Section 402 hereof. The entire Initial Bond shall be reissued as Term Bonds and after such reissuance no part of the Initial Bond may remain outstanding. §3.03. The amendment to the Indenture provided herein shall be effective upon approval by the Bank. §3.04. The City Clerk is hereby ordered to file the text of this Amendatory Ordinance with the Continental Illinois -2- .. ,~ . National Bank and Trust Company of Chicago, as trustee. Section 4. Saving Clause, Repealer, Effective Date. §4.01. 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. §4.02. All ordinances, resolutions or orders, or parts thereof, in conflict with the provisions of this ordinance are to the extent and only to the extent of such conflict hereby repealed. X4.03. This ordinance will become effective upon its passage and approval as provided by law. AYES: Aldermen Selfridge, Carl, Grant, Clarke, Danner, Motsinger and Churchill NAYS: Aldermen Williams and Horr ABSENT: Alderman Kovachevich APPROVED: M~r..`~ ~,~, 1980. Mayor Attest: it Clerk Passed: {~ ter- ~ ~ ~~ 1980. Recorded in City Records: (~ Q ~- ~ h ~~ , 1980. Filed with Trustee: /~ ~, r. '~ ~ ~ 1980. -3-