HomeMy WebLinkAboutResolution #0779
RESOLUTION N0. ~'I
A RESOLUTION AUTHORIZING MANDAMUS PROCEEDINGS AGAINST HARLAN E. CROUCH,
MAYOR OF THE CITY OF CANTON, ILLINOIS.
WHEREAS, on June 7, 1977, the City Council of the City of Canton,
Illinois adopted Resolution No. 739 indicating an intent to use Tax
Increment Financing for the development of a certain area in the City
of Canton; and
WHEREAS, on October 4, 1977, the City Council of the City of Canton,
Illinois adopted Resolution No. 746 setting a time and place for a public
hearing pertaining to the review of a Redevelopment Plan, Redevelopment
Projects and the designation of the Redevelopment Project Area pursuant
to the requirements of the Real Property Tax Increment Allocation Redevelop-
ment Act; and
WHEREAS, on December 7, 1977, the City Council of the City of Canton,
Illinois held a public hearing pertaining to the review of a Redevelopment
Plan, Redevelopment Projects and the designation of the Redevelopment
Project Area; and
WHEREAS, on December 27, 1977, the City Council of the City of Canton,
Illinois adopted Ordinance No. 621 approving the Tax Increment Redevelopment
Plan and Redevelopment Project; and
WHEREAS, on December 27, 1977, the City Council of the City of Canton,
Illinois adopted Ordinance No. 622 designating the Tax Increment Redevelopment
Project Area; and
WHEREAS, on December 27, 1977, the City Council of the City of Canton,
Illinois adopted Ordinance No. 623 adopting Tax Increment Financing; and
WHEREAS, on July 5, -1978, the City Council of the City of Canton,
Illinois adopted Ordinance No. 661 providing for the Issuance of $50,000
Principal Amount of Tax Allocation Bonds, Series 1978, pursuant to the
provisions of the Real Property Tax Increment Allocation Redevelopment Act; and
WHEREAS, on September 19, 1978, the City Council of the City of Canton,
Illinois adopted Resolution No. 778 approving and confirming the sale of
$50,000 Principal Amount of Tax Allocation Bonds, Series 1978, and determining
the interest rates thereof; and
WHEREAS, pursuant to said Resolution No. 778, the City of Canton
entered into a Purchase Contract with Smith Barney, Harris Upham & Co.,
Incorporated for the sale to Smith Barney, Harris Upham & Co., Incorporated
of $50,000 of Tax Allocation Bonds, Series 1978; and
WHEREAS, the City Council of the City of Canton, Illinois has had
prepared and presented to the Mayor of the City of Canton in his office
bonds of the issue provided for by said Purchase Contract; and
WHEREAS, the City Council of the City of Canton, Illinois has
demanded and requested of the Mayor that he execute said bonds; and
WHEREAS, the Mayor has refused to execute said bonds and still re-
fuses to perform the duty .required of him as Mayor; and
WHEREAS, the Mayor has delivered to the City Council of the City of
Canton, Illinois a letter setting forth his refusal to execute said bonds,
a copy of which is attached hereto and made a part hereof as Exhibit A; and
WHEREAS, by reason of the foregoing, the City of Canton has been and
is injured in that until and unless said bonds have been executed certain
Redevelopment Projects will not be financed or constructed all to the
detriment of the City of Canton, the residents and taxpayers whose taxing
districts have real property in the Redevelopment Area and the citizens
of the State of Illinois, all of whom will benefit from redevelopment.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CANTON, ILLINOIS, AS FOLLOWS:
1. It is hereby determined that it is necessary, desirable and to
the best interests of the City of Canton that the City of Canton file a
Petition praying that a Writ of Mandamus may be issued directed to Harlan
E. Crouch., Mayor of the City of Canton, Illinois, commanding him to execute
$50,000 of Tax Allocation Bonds, Series 1978, in the form approved by that
certain Ordinance No. 661 of the City of Canton, Illinois adopted on July 5, 1978.
2. That John J. McCarthy, as attorney for the City of Canton, Illinois,
is hereby authorized, empowered and directed to institute Mandamus proceedings
in any court of competent jurisdiction against Harlan E. Crouch, Mayor of
the City of Canton, Illinois, in accordance with the provisions of this
Resolution.
3. That this Resolution shall be in full force and effect upon its
passage by the City Council of the City of Canton, Illinois and approval
by the Mayor thereof.
PASSED by the City Council of the City of Canton, Illinois and
APPROVER by the Mayor thereof this ~ 1t.~ day of ® C 70 /3 E (~ , 1978.
APPROVED: MAYOR
HARLAN E. CROUCH
ATTEST: a-o4.f~- ~ •~ , CITY CLERK
NAN S. WHITES