HomeMy WebLinkAboutOrdinance #4294ORDINANCE NO. 4294
AN ORDINANCE authorizing the City of Canton, Fulton, County, Illinois to borrow funds
from the Public Water Supply Loan Program
WHEREAS, the City of Canton, Fulton County, Illinois operates its public water supply
system (the System) and in accordance with the provisions of Article 11 of the Illinois Municipal
Code (65 ILCS 5/11-139-1 et seq.), and the Local Government Debt Reform Act, 30 ILCS 350/1
(collectively, the "Act"), and
WHEREAS, the Mayor and City Council of the City of Canton 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:
City of Canton - Lead Service Replacements —
together with any land or rights in land and all electrical, mechanical or other services necessary,
useful or advisable to the construction and installation ("the Project"), all in accordance with the
plans and specifications prepared by consulting engineers of the City of Canton; which Project has
a useful life of 50 years; and
WHEREAS, the estimated cost of construction and installation of the Project, including
engineering, legal, financial and other related expenses is $4,000,000.00 and there are insufficient
funds on hand and lawfully available to pay these costs; and
WHEREAS, the loan shall bear an interest rate as defined by 35 Ill. Adm. Code 662, which
does not exceed the maximum rate authorized by the Bond Authorization Act, as amended, 30
ILCS 305/0.01 et seq., at the time of the issuance of the loan; and
WHEREAS, the principal and interest payment shall be payable semi-annually, and the
loan shall mature in 20 years, which is within the period of useful life of the Project; and
WHEREAS, the costs are expected to be paid for with a loan to the City of Canton from
the Public Water Supply Loan Program through the Illinois Environmental Protection Agency, the
loan to be repaid from revenues of the System and the loan is authorized to be accepted at this time
pursuant to the Act; and
WHEREAS, in accordance with the provisions of the Act, the City of Canton is authorized
to borrow funds from the public Water Supply Loan Program in the aggregate principal amount
of $4,000,000.00 to provide funds to pay the costs of the Project;
WHEREAS, the loan to the City of Canton shall be made pursuant to a Loan Agreement,
including certain terms and conditions, between the City of Canton and the Illinois Environmental
Protection Agency;
WHEREAS, the Finance Committee of City Council and the City Council of the City of
Canton has determined that it is advisable, necessary and in the best interests of public health,
safety and welfare to approve this Ordinance; and
BE IT ORDAINED by the City Council of the City of Canton, Fulton County, Illinois, as
follows:
SECTION 1. INCORPORATION OF PREAMBLES
The Corporate Authorities hereby find that the recitals contained in the preambles are true
and correct, and 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 of Canton to construct the Project for the
public health, safety and welfare, in accordance with the plans and specifications, as described;
that the System continues to be operated in accordance with the provision of the Act; and that for
the purpose of constructing the Project, it is hereby authorized that funds be borrowed by the City
of Canton in an aggregate principal amount (which can include construction period interest
financed over the term of the loan) not to exceed $4,000,000.00.
SECTION 3. PUBLICATION
This Ordinance, together with a Notice in the statutory form (attached hereto as Exhibit A),
shall be published once within ten days after passage in the Daily Ledger, a newspaper published
and of general circulation in the City of Canton and if no petition, signed by electors numbering
10% or more of the registered voters in the City of Canton asking that the question of
improving the System as provided in this Ordinance and entering into the Loan Agreement
therefore be submitted to the electors of the City of Canton is filed with the City Clerk within 30
days after the date of publication of this Ordinance and 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 laws is filed during
the 30 -day petition period, then the Corporate Authorities may adopt additional ordinances or
proceedings supplementing or amending this Ordinance providing for entering into the Loan
Agreement with the Illinois Environmental Protection Agency, prescribing all the details of the
Loan Agreement, and providing for the collection, segregation and distribution of the revenues of
the System, so long as the maximum amount of the Loan Agreement as set forth in this Ordinance
is not exceeded and there is no material change in the Project or purposes described herein.
Any additional ordinances or proceedings shall in all instances become effective in
accordance with the Act or other applicable law. This Ordinance, together with such additional
ordinances or proceedings, shall constitute complete authority for entering into the Loan
Agreement under applicable law. However, notwithstanding the above, the City of Canton 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 of Canton to pay the
principal and interest due to the Public Water Supply Loan Program without the written consent
of the Illinois Environmental Protection Agency.
SECTION 5. LOAN NOT INDEBTEDNESS OF CITY OF CANTON
Repayment of the loan to the Illinois Environmental Protection Agency by the City of
Canton pursuant to this Ordinance is to be solely from the revenue derived from revenues of the
System, and the loan does not constitute an indebtedness of the City of Canton within the meaning
of any constitutional or statutory limitation.
SECTION 6. APPLICATION FOR LOAN
The Mayor is hereby authorized to make application to the Illinois Environmental
Protection Agency for a loan through the Public Water Supply Loan Program, in accordance with
the loan requirements set out in 35 Ill. Adm. Code 662.
SECTION 7. ACCEPTANCE OF LOAN AGREEMENT
The Corporate Authorities hereby authorize acceptance of the offer of a loan through the
Public Water Supply Loan Program, 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 Corporate
Authorities 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 8. RESERVE ACCOUNTS
As long as the City of Canton has outstanding senior bonds that are payable from revenues
of the system, the City of Canton shall maintain an account, coverage, and reserves equivalent to
the account(s), coverage(s) and reserve(s) required by the outstanding ordinance(s).
SECTION 9. AUTHORIZATION OF MAYOR TO EXECUTE LOAN AGREEMENT
The Mayor is hereby authorized and directed to execute the Loan Agreement with the
Illinois Environmental Protection Agency. The Corporate Authorities may authorize by resolution
a person other than the Mayor for the sole purpose of authorizing or executing any documents
associated with payment requests or reimbursements from the Illinois Environmental Protection
Agency in connection with this loan.
SECTION 10. SEVERABILITY
If any section, paragraph, clause or provision of this Ordinance is held invalid, the
invalidity of such section, paragraph, clause or provision shall not affect any of the other provisions
of this Ordinance.
SECTION 11. REPEALER
All ordinances, resolutions or orders, or parts thereof, which conflict with the provisions
of this Ordinance are, to the extent of such conflict, hereby explicitly repealed.
PASSED AND APPROVED BY A ROLL CALL VOTE ON THE 19th day of July, 2022.
AYES: Alderperson Justin Nelson, John Lovell, Craig West, Angela Hale, Jeff Fritz,
Angela Lingenfelter, Greg Gossett
NAYS: None
ABSENT: Alderperson Andra Chamberlin
Kent McDowell, Mayor
A T ' T:
Diana avley-Rock, City Clerk
PUBLISHED in the Canton Daily Ledger on �-]jA
RE i e CITY Records on 07-19-2022
Diana Pavley Rock, City Clerk
City of Canton
Fulton County, Illinois
Exhibit A
NOTICE OF INTENT TO BORROW FUNDS AND RIGHT TO FILE PETITION
NOTICE IS HEREBY GIVEN that, pursuant to Ordinance Number SlZp`/, adopted on July
19, 2022, the City of Canton, Fulton County, Illinois the City of Canton, intends to enter into a
Loan Agreement with the Illinois Environmental Protection Agency in an aggregate principal
amount not to exceed $4,000,000.00 and bearing annual interest at an amount not to exceed the
maximum rate authorized by law at the time of execution of the Loan Agreement, for the purpose
of paying the cost of certain improvements to the public water supply system of the City of Canton.
A complete copy of the Ordinance accompanies this notice.
NOTICE IS HEREBY FURTHER GIVEN that if a petition signed by Mor more electors
of the City of Canton (being equal to 10% of the registered voters in the City of Canton), requesting
that the question of improving the public water supply system and entering into the Loan
Agreement is submitted to the City Clerk within 30 days after the publication of this Notice, the
question of improving the public water supply system of the City of Canton as provided in the
Ordinance -and Loan Agreement shall be submitted to the electors of the City of Canton at the next
election to be held under general election law on Nqy. 8, 2,022- A petition form is available from
the office of the City Clerk, 2 N. Main Street, Canton, Illinois 61520.
/s/ Diana Pavley-Rock
City Clerk
City of Canton
Fulton County, Illinois
CERTIFICATION
I, Diana Pavley Rock, do hereby certify that I am the duly elected, qualified and acting
Clerk of the City of Canton. I do further certify that the above and foregoing, identified as
Ordinance Number F14 !, is a true, complete and correct copy of an ordinance otherwise
identified as an ordinance authorizing the City of Canton Fulton County Illinois to borrow funds
from the public water supply loan program passed by the City Council members of the City of
Canton on the 19th day of July, 2022, and approved by the Mayor of the City of Canton on the
same said date, the original of which is part of the books and records within my control as Clerk
of the City of Canton.
Dated this 19th day of July, 2022
Diana Pavley-Rock, City Clerk
(SEAL) City of Canton
Fulton County, Illinois
AFFP
Res 4294
CITY OF CANTON
City of Canton
ATTN:ACCTS PAYABLE
2 N MAIN ST
CANTON, IL 61520
Affidavit of Publication
STATE OF ILLINOIS
COUNTY OF FULTON
I, said Legal Clerk, being duly sworn, says:-
That I am the Legal Clerk of the Daily Ledger, a daily
newspaper of general circulation, printed and published in
Canton, Fulton County, Illinois;that the publication, a copy
of which is attached hereto, was published in the said
newspaper in the issues dated:
July 29, 2022
That said newspaper was regularly issued and circulated
on those dates.
---SIGNED----
G-gal
--SIGNED:egal
Subscribed to d sworn tome thi 29th day of July 2022.
Notary Pub , State IT
is -h n, County of Brown
My commission expires: �/�e/W�
00017307 00121351
AMY KOKO�T
Notary PUblic
State of Wisconsin
ORDINANCE NO.4294
AN ORDINANCE authorizing the City of Canton,Fulton,County,Illinois to borrow funds
from the Public Water Supply Loan Program
WHEREAS,16e Cy of Came.,Fulton Cont,DBeva opera...its public rarer supply spltm(,be S),des)and i....rdaoa with the
put,Wow ofAnkle l l of the lDiooisMudcipal Codet651LCS 5/11.139.1 et al.),andthe Local Gesem.co,Otto Refourki,301LCS 35011
(Imltdi-ly.the`Aci).and
11HEREIS,the Natnrand City Council of the Cly of Co.,..ban alcua iardThe,it uadriablt necessaryand mthe bar itudesse of
public health,vf,yand welbu to impram tb,Systeq i.I.dmgthe fo0—g.
City Of Canon-lead Sertice Repla-musts
together with say land or rights it lard and all elenrial.mechmicxl or other maim waswan'.rw(al or adtuable m the mmtmnion
and itnulhliaa l-The Projal'L all in acmrdmce with the Plaut and tpnificnioa prepared by avmhWg engW,dFof On Cry of Cutout;ehirb
Project hma meful life of 50yearq sad
WHEREAS,the oriented caul of mus dull n and imulklian of the Proj-L hduding e.gi—ing.legal,finvuol and the,related
apmau54,000,000.00 and there me imulfident fumh on hand and Iawfulbyscalable to pry tbeaedow,and
WHEREAS,the loan shall bearan interest ate-defined by 35IILAdm.Cade 66L which doe oat nceed(be—i.-ratem,horimd by
the BoedAnhonntivakt,as.—M.30 ILCS 30510.01.adf,al the lime of the is—.fthe lam and
WHEREAS,she printipil and to lam paymem shall be pyabl,ttmi-smvilly,and the Ian shall num.in 20 yam,wbib is wi bi.the
p„i.dof oefA life of the Projed;and
WHEREAS,the cests are capeaud to he paid for ri,b s two 1.be Cy of Crowe from the Public Water Supply Lam Program fwgh
the Illinu EmiommLm uPmtxtio.Aguam the Ian to be repaid fuses meoues of the Sys® baol
and the us is hmled irsd to be at this
time patent Iw the Act:and
WHEREAS,in atmsdante with the pmemmuor the Act,the Cily of Canton iinthorred 1,b,,w funds fmm the Public WawrSupply
Loa.Pmgaaea in the aggregate principal amount of S4.000,000.00 to provide fmd9 m pay am rude of the Prdjrct;
11TIERFAS,the loo to the City of Caatonuba6 bemvdep.mem,loo LvaoAP-mem•mdudicj;mvem aeras and occult beroeer
the City of Ca n nd the NinaisEnvironments]PromimAgency;
WHEREAS,the Feu-Cammiu.of Cy Council card the City concif or the Cy of Cmm.bis determined that it u ad,iabl,.
eavey aad the best Forams Of public health,safeyand It,.,.eppmu thi,Ordina e,;and
BEITORDAOSEDbylhe CiyCo..N of the(7tyof Cmaon.Full..Cnety,Blinb,atell—
SECTION 1.INCORPORATION OF PREUTBIES
The Corporate Authorities hereby find that the reialt w(.W I in the preambles are no,and toad,and ioa,poaee Ike lot.this
Ordinav-by thh reference.
SECTION 2.DETERANATIONTO BORROW FUNDS
Itisraamrynd in the beat Widens of the City of Carwn1—oton the Pealed for the public health.mktyaad a1w,,in adwdmu,
with the ph.smdapecificati.m,OF described:that The Sysm—olimas 1.beopand!its-orlon-•i,h,hFpa W.Oof theA-:std that for he
purpose of roenructing the Profen,itis hereby authorized that funds bebnrmwedby the City of Canton i.maggregat,ydreipzl amount(.Wch
v iuclvdecrosuunion period interest fiomml mer the term of he Ion)n,u ddd 54.000,000A0.
SECTION 3.PUBLICATION
This Ordinance.together with a Norio in the statutory foto Ixltsched hereto as Exh3h A),shell be published....debit,Its dap
after passage in the Daily Ledger,a renpapa published and of general cirealalio.ie the City of Out.and if.o pentane,siboed by drawn
umbering 1014.,more of the reghlertd mien intkCity of C.m.JVMuskivgthal the gestin of imp-Wgthe Sptem aspesidtd in this
Ordies eeand orating into the LoonAgrtemml the-fine be submittal to tkelmanof if,City of Canton 4 filed with the City Oak within 30
dayaa0ertbedaleof publication of thit Ordl -and votim lbmlhis OsdiumerAaObei.NUf ad,ffim.Apetige.to-doubtpresided
by d.CayClA m nary mdaidel requOdng our.
SECII ON 4.ADDITIONAL ORDINANCTS
—_- __ _ ---- - --IPsm pctitivnmeering ehesequisesmntsnftkAelandoaMappiietbie#a.sis6ied dmingthr3Ddaypennonpeno4l6e.lkioryoatC —
Aulh.ritin my adopt additional ordinma or pro-edmP sWPlemmlin6 m ammdmb Wa Or&cam-pamidmE for mterm6 mto she Lea
APttmevl wish th<WivoaF'u.nmmtil ProetiovAgertebpre.ribinga0 thedeatb of thehaaAPttvma,and prov�vgfor the cdkctim,
-ooluemdddibmiDofebebichu ,int Synam.mlovgsnhem.im oust of rhe LonAg,-mmtasel fon6i.the Ordiooce
u sot nceeded and thtrta no material chmgeio the Project orpurpwes described hertim.
Ary additional maliasom or pmceed'mp sho0 in all ivstmces became eOraae in a-otdaw ith the Actor Other applicable Ism This
.ok,aplicagetha wIF.c ddili.00lwminme bm,th day offall,myntmmpt difinal tyfwrente;ordodwe WoAgr-mmt
under appliabl<law.11osrcva,nntwitkandivg the-bore,theCty of Cancan maynoe adopt additi.al ordinaamar avrmdmmu which proride
for cry Other adi..raulemlc6meeinccesapeand imyohe ordinance
rdina ce with
rdbuncol hustledtointerest rale,prefetes-,or or
of any otter ordinance with This Ordinance.parity of any other Public
Water
wish ThisI=Prof,or otherwise,alter or impair Ibe obligation thIllinois of
the('31,of Cavwv to pay the prioripd and meeet due to the Puhlie Water Supply Lona Program without the xtiva rooceat.f the IOwou
Ervimcmevtil Paeliov Ageeey ,
SECTION S.LOAN NOT INDEBTEDNESS OF CRY OF CANTON
Repayment of the loan to the Illinois Earin nmenal Protection Agenry by the City of Canton prsont to this Ordinance is I.be solely
Bout the reeve derieed fmm edema of the Stater,and the lon does not Front so indtbaedve;or the City or CantonxMiv the waving
of a,)aoaimli...I oru.1m,ry limitation.
SECTION CAPPLICATION FOR LOAN
The hfyoris herebyamhorieed to make application to the Illinois Emimmatmal Prmalion ABmy fo,a Ion through I.Public Water
Supply Wan Program,i.moodame with the loon requirements sct an 1.35 Ill.Ad..Code 662.
SECTION 7.ACCEPTANCE OFLOANAGREMENT
Th,CorymateAmb.ilies herebymth.rinataptao-.f the o0erof vlon W-sgh the P blicWss-Supply Loan Pmgmm,mdvdiegall
onward o ndkiom.f the LostAgmurntuadl..Itspecial ondilim,tow i ad therein andvadea pantherarby rete-n-.TheCorp..,,
Auhoritiesfsduraene that the toes fdsa..&dJWI he madsulely for the pospoaof thepmjecl aapproaed by the Illinois F'rovmmul
Prwmi.nAgrry is arardwa with the lams and oculaime of the Lose Agmmem.
SECOO:f 8.RFSERVEACCOUNIS
As long as the City of Canto.has.uutmdigsmicrbonds that we payable from reaxnue of theyaBm,theCily of Cmto.ahar maintain
m account,—&,,a.d rearms;equivilcot to the ms—HO,,—S,b)andreamO)c guired by the outsandi.gordmance(s).
SECTION 9.AUTHORILll10N OF MAVORTO EXECUTE L.OA.N AGREE AT
The Mayor is he.b7 n1borhed and ducted to eactu a the two Agre us al with the Minis Pmim.meaeal Proration Agmy.The
CorporateAulhwitia wymthorireby resolution a pea m otter than the Mayor for the We purpose of anlhoriting ero
Or atingmydocommd
antuted rilhpyment requaD or reimbursements fmm the filmob Eminstowul Protection Ageayin eomectia.wilb this lout.
SECTION 10.SEVERABILITY
R my wake,paragraph,elauzorpmrisimof thisOrdiema is beld kalid,theWaGdiy of och-ti n,paragraph,da.—peoisim
shall not afi a ay of the otherpavisiom of thi3OtdinanFt.
SECTION t 1.REPEALER
All optimum,rawlu4om or volt:,or pole theses!,which conflict with the protium of this Ordiasnce ara,to the trent of such
adQn,h-by aplicitly reMla
PASSED AND APPROVED BY ROIL CALL VOTE ON THE 19th day of toly;202-1.
A.YES: Atdapeaonlotin Nelson.Job,lmeO.Craig Wear,A,Sets Hale.Jdr Fri u.
A.gda Liel anfeIter,Greg GossetI
NAYS: Nese
ABSENT. Alderpeno.And.CTumbatio
KKImyv<U,Ma}ror�
ATTESP.
Dian Parley Reck.Ci y Ciuk
PUBLISIIEDinlhe Canton Dailyledgerao 07.2922
RECORDED in the CITY Radwhou 07-19-2022
Diana Penley Rok,
City CIA Gtyof Canto.
FulloaComy.O arms
EahibifA
NOTICEOFLYIFTTTO BORROW FUNDS AND RIGNPTO FILE PETITION
NOTICELS HEREBY GIVEN 11,3L Furnace to Ordiame Number 4294. adopted July
19,2022,the city.r Cavl,,.Fut to,county mimic the Gy of Canton,amends w totaintoa Ina.Agement with the Minis Fmlmmnenai
Pmtmioa Agmy in an aggregate principal—.out not to aced S/,00000.00 and baring nocal lot—(at as amount Out to aard the
maximum we awbo fired by In,at the lime.(=oil,,of the Lam Alterman.for Ne purpose or p.)W,,the cost of attain haproa.mos to
the public rata wgpply ru mof the City of Canton.A amplae copy or the"For-.rompania Ihicnotim
NOTICE IS HEREBY FURTHER GIVEN that if a petition dl ad by E9 orm.re dams,of theCiyor Cut..(kitq;equal to 10%Of
1h,.61.,d esters W the City of Can..),per-Img Thal the question Of i ogetiog be public rata opplysptem and eatenpg into the Ips.
Agreement is submitted t.the City CIA with(30 dap cafe rhe publicstian of this Notice,he querka of improving the public rata supply
yslem of the city of Contra a provided in the O,dimoce cad Loco APeemml chsB be submitted to The elect..of the City of Out.at the
Deal elenim to beheld underFae.l election Haw On Not 3,2022Ap,,ithm to-is elabi,Boom theothce of heeilyard,2N.%bi.Strea,
Croton.Illinois 61520.
moiamP.,ky-Rack
ClyCerk
Cly of Ga1m
Fulton Cmelg Illinois
CERTMCA710N
L Dina Pastry Ruck,do It by certify that I no the duly elected,qualified and mtitte Clerk of the City of Carlo..l do father cerury
that the abuse and fveg.mg idotlfitd a0rdioa.e Number 4294,'a a rrue,amphte and roam tory of mmisamce mberwi,identified as an
ordinance ntborieWS the Cry of Cantor Faison County Baine to barrow Ends fines the p rMic rasa apply Ian reagent paned by the City
Cnmeil mecb.ef theGtyof Canter..,he 191hday orloly,2022,andappand bytheMayor of theCtyof Came.on the same aid dete,the
original of which a part of the books and r.ordu wilhi.rayantrol as Clock of the city of Canter.
Dated the 19th day of July.2022
D'aoP Iy-Rork,City CIA
(SEAL) Cly of Cama.
_ Fultou Cannlg Illinois
NO REFERENDUM CERTIFICATE
I, the undersigned, do hereby certify that I am the duly qualified, and acting City Clerk of the City of
Canton, Fulton County, Illinois, and as such officer I am the keeper of the books, records, files and
journal of proceedings of the City of Canton and the Mayor and City Council of the City of Canton.
I do further certify that Ordinance Number 4294, being the Ordinance entitled: An ordinance
authorizing the City of Canton,Fulton County Illinois to borrow funds from the Public Water Supply
Loan Program was presented to and passed by the Mayor and City Council of the City of Canton at its
legally convened meeting held on the 19th day of July, 2022 and signed by the Mayor of the City of
Canton on said day.
I do further certify that the Ordinance was duly and properly published in the Daily Ledger, a newspaper
published and of general circulation within the City of Canton, on the 29th day of July, 2022, being a date
within ten days from the date of passage of the Ordinance.
I do further certify that publication of the Ordinance was accompanied by"a separate publication of notice of
(1) the specific number of voters required to sign the petition requesting the question of constructing
improvements to the public water supply system as provided in the Ordinance; (2) the time in which such
petition must have been filed; and(3)the date of the prospective referendum.
I do further certify that I did make available and provide to any individual so requesting a petition form,
which petition form provided for submission to the electors of the City of Canton of the question as set forth
therein. Such petition forms were available from me continuously from July 29, 2022, up to and including
Monday,August 29, 2022.
I do further-certify that no Petition has been filed in my office within 30 days after publication of the
Ordinance or as of the time of the signing hereof as provided by statute asking that the question of improving
the public water supply system as provided in the Ordinance and the Loan Agreement therefore be submitted
to the electors of the City of Canton.
IN WITNESS WHEREOF I have hereunto affixed my official signature and the corporate seal of the City of
Canton,Fulton County,Illinois,this 30th day of August, 2022.
di Walters, Acting City Clerk
City of Canton
Fulton County, Illinois
(SEAL) _