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HomeMy WebLinkAboutOrdinance #0661,_ .:,; . EXCERPT FROM THE MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CANTON, ILLINOIS, HELD AT (p;~~ O'CLOCK ~.M. ON JULY ~ , 1978. The City Council of the City of Canton, Illinois, met in regular public session at (~~3 U o'clock P.M., on July ~ 1978, at the Council Chambers of the City Council, namely, at Canton City Building, Canton, Illinois. Present were Harlan E. Crouch, Mayor, Nancy S. Whites, City Clerk, and the following named Alder- men: Robert Zaborac, Alice Riley, Ray Slaubaugh, Roger Motsinger, Louis Sepich, Leslie Carl, Donald Edwards, Virgil Horr, Dale Peak, Melba Churchill, John Yerbic, Lloyd Williams, Victor Kovachevich Sr., F. Eugene Danner. Absent: (Other Business) read: The following ordinance was thereupon introduced and ORDINANCE NO. l1J lD 1 AN ORDINANCE Providing for the Issuance of $50,000 Principal Amount of Tax Allocation Bonds, Series 1978, Pursuant to the Provisions of the Real Prop- erty Tax Increment Allocation Redevelopment Act. WHEREAS, by virtue of Ordinance No. 621 heretofore adopted by this City Council on December 27, 1977, the City has approved a Redevelopment Plan and Redevelopment Project; and WHEREAS, by virtue of Ordinance No. 622 heretofore adopted by this City Council of December 27, 1977, the City has designated a Redevelopment Area; and WHEREAS, by virtue of Ordinance No. 623 heretofore adopted by this City Council on December 27, 1977 (the "Allocation Ordinance"), the City has approved a tax increment financing program pursuant to the provisions of the Real Property Tax Incre- ment Allocation Redevelopment Act, constituting Public Act 79-1525 of the 1976 Regular Session of the Illinois General Assembly (the "Act") WHEREAS, in order to provide financing for the Redevelop- ment Project set forth in the Redevelopment Plan, the City proposes to issue and sell its bonds in accordance with the provisions of the Act; NOW THEREFORE, Be It Ordained by the City Council of the City of Canton, Illinois, as follows: Section 1. Appropriation for Redevelopment Project Costs. To meet part of the $7,500,000 aggregate amount of Rede- velopment Project Costs, as defined in the Act and as more partic- ularly described in the Redevelopment Plan heretofore approved by the City Council, there is hereby appropriated the sum of $50,000. Section 2. Authorization of Bonds. For the purpose of financing said appropriation and paying part of the Redevelopment Project Costs, the City is hereby authorized to issue its obliga- tions (the "Series 1978 Bonds" or the "Bonds") each to be designated "Tax Allocation Bond, Series 1978," in an aggregate principal amount of $50,000. The Series 1978 Bonds shall,be dated August 1, 1978, shall each be of the denomination of $5,000, shall be numbered from 1 to 10 in order of maturity, shall mature on December 1 of each year without option of prior redemption in the following principal amounts: Year Amount 1982 $25,000 1983 25,000 and shall be payable in lawful money of the United States of America at the office of the City Treasurer. The Series 1978 Bonds shall bear interest from August 1, 1978 payable on June 1, 1979 and semi-annually thereafter on June 1 and December 1 of each year until maturity, at such rate or rates (not exceeding eight percent (8~) per annum) as shall be fixed by a resolution adopted -2- ~' •,, ; by the City Council prior to the issuance of the Series 1978 Bonds (herein called the "Sale Resolution"). Each Bond shall be issued in the form of a bond payable to bearer with interest coupons attached for the several installments of interest thereon due at or prior to its maturity and shall be registrable as to principal only in the manner and with the effect provideti: in the "form of bond" hereinafter set forth. Section 3. Execution of Series 1978 Bonds and Coupons. Each Series 1978 Bond shall be executed by the Mayor with his manual signature, and by the manual signature of the City Clerk, and sealed with the corporate seal of the City or a facsimile thereof. Interest coupons shall be executed by the Mayor and City Clerk with their facsimile signatures. In case any officer of the City who shall have signed or sealed any Bond or coupon shall cease to be such officer before the Bond so signed or sealed shall have actually been delivered or issued, such Bond may be delivered and issued with the same effect as though the person who had signed and sealed such Series 1978 Bond had not ceased to be an officer of the City. Section 4. Lost, Destroyed or Mutilated Bonds. In case any Bond or coupon shall become mutilated, lost, stolen or destroyed, the appropriate officers of the City shall issue a new Bond or coupon (with coupons corresponding to the coupons, if any, appertain- ing to the mutilated, lost, stolen, or destroyed Bond) of like tenor, amount, maturity and date, and bearing the same or a different number, in exchange and substitution for, and upon the cancellation of the mutilated Bond or coupon, or in lieu of and substitution for such lost, stolen or destroyed Bond or coupon; or if any such Bond or coupon shall have matured or shall be about to mature, instead of issuing a substituted Bond or coupon the officers may pay such Bond or coupon without surrender thereof. In every case the applicant shall furnish evidence satisfactory to the officers of the destruction, theft or loss of such Bond or coupon, and indemnity satisfactory to said officers; and the officers shall charge for the issuance of such new Bond or coupon an amount sufficient to reimburse the City for the expense incurred by it in the issuance thereof. Section 5. Source of Payment. There shall be deposited to the credit of the Special Tax Allocation Fund for the Central Business District established by virtue of the Allocation Ordinance (a) the incremental tax receipts pursuant to the Act and the Allocation Ordinance and (b) revenue received by the City from the sale or other disposition of real property acquired with the proceeds of the Series 1978 Bonds. For the purpose of paying and securing the Series 1978 Bonds the funds from time to time on deposit in the Special Tax Allocation Fund are hereby pledged to the payment of the principal of, premium, if any, and interest on the Bonds and any additional bonds ("Additional Bonds") permitted in Section 6 hereof to be issued payable from and being entitled -3- /~:, to a pledge of moneys on deposit in the Special Tax Allocation Fund equal in priority to that of the Series 1978 Bonds. If on the first day of any fiscal year of the City, the amount on deposit in the Special Tax Allocation Fund exceeds the total amount of the principal of and interest on the Series 1978 Bonds and on Additional Bonds then outstanding and entitled to the pledge of moneys on deposit in said Fund which will become due and payable during such fiscal year and the fiscal year next ensuing plus the total amount of Redevelopment Project Costs theretofore incurred and unpaid, and which the City determines are not to be paid from Bond proceeds, then such excess shall be applied promptly to the redemption of the Series 1978 Bonds and such Additional Bonds. Notwithstanding the foregoing, in the event more than $2,400,000 of the Series 1978 Bonds and Additional Bonds shall be outstanding, the City shall treat as surplus 10~ of the additional yearly tax increment receipts in excess of receipts required to pay principal, interest and reserve on $2,400,000 of Tax Increment Bonds. Such excess shall be paid to the County Collector for distribution to taxing districts in accordance with the provisions of the Act. The Series 1978 Bonds and the interest thereon do not constitute a general obligation of the City but such Series 1978 Bonds and the interest thereon shall be payable solely from the revenues in the Special Tax Allocation Fund. Section 6. Additional Bonds. For the purpose of financ- ing Redevelopment Project Costs, the City may, by ordinance duly adopted by its City Council, hereafter authorize and issue Addition- al Bonds. However, the maximum aggregate principal amount of such Additional Bonds which may upon issuance be entitled to the pledge of moneys on deposit in the Special Tax Allocation Fund shall not exceed $7,450,000, and such pledge may be of equal priority in claim to moneys on deposit in the Special Tax Allocation Fund to that of the Series 1978 Bonds. The Additional Bonds may in addition at the discretion of the City be entitled to a pledge of any or a combination of the following: (a) net revenues of all or part of this redevelopment project; (b) taxes levied and collected on any or all property in the City; (c) the full faith and credit of the City; (d) a mortgage on part or all of this redevelopment project; or (e) any other taxes or anticipated receipts that the City may lawfully pledge. Each Additional Bond shall mature within twenty years from its date but in no event later than December 27, 2000. Section 7. Form of Bonds and Cou ons. The Series 1978 Bonds and coupons, and the provi is ons for registration to be endorsed on the reverse side of each Bond, shall be in substantially the following form, the omissions to be appropriately completed when the Bonds are printed: -4- (Form of Series 1978 Bond) United States of America State of Illinois County of Fulton CITY OF CANTON Tax Allocation Bond, Series 1978 No. $5000 The City of Canton, a municipal corporation of the State of Illinois situated in the County of Fulton for value received promises to pay to bearer, or to the registered owner if this Bond shall then be registered as to principal, the principal sum of Five Thousand Dollars ($5000) on the first day of December, 19 , and to pay interest on such principal sum from the date hereof at the rate of per cent ( ~) per annum until such principal sum shall have been fully paid or discharged, such interest being payable on June 1, 1979 and semiannually thereafter on the first day of June and December of each year, interest to maturity being payable only upon presentation and surrender of the interest coupons attached hereto as they severally become due. Both the principal hereof and interest hereon will be payable in lawful money of the United States of America at the office of the City Treasurer of the City of Canton, Illinois. This Bond may be registered as to principal with the effect and in the manner provided in the endorsement appearing on the reverse side hereof. This Bond is one of a series of bonds authorized in the aggregate principal amount of $50,000 (the "Series 1978 Bonds"), which are authorized and issued under and pursuant to the Real Property Tax Increment Allocation Redevelopment Act, constituting Public Act 79-1525 of the 1976 Regular Session of the Illinois General Assembly (herein called the "Act"), and under and in accordance with an ordinance adopted by the City Council of the City on July 1978 and entitled: "An Ordinance 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," (herein called the "Ordi- nance"). In accordance with the Act and to the extent provided for in the Ordinance, the Series 1978 Bonds are secured by a pledge of the moneys on deposit in the Special Tax Allocation Fund. Reference to the Act and the Ordinance is made for a descrip- tion of the disposition of moneys deposited in the Special Tax -5- . ~ ,' Allocation Fund and the nature of the security for the Bonds created thereby. Pursuant to the Ordinance, the City may hereafter issue additional bonds ("Additional Bonds") in an amount not exceeding $7,450,000 which, at the option of the City may be secured by the pledge of moneys on deposit in the Special Tax Allocation Fund, and such pledge may be of equal priority in claim to moneys on deposit in the Special Tax Allocation Fund to that of the Series 1978 Bonds. The Additional Bonds may in addition at the discretion of the City be entitled to a pledge of any or a combination of the following: (a) net revenues of all or part of this redevelopment project; (b) taxes levied and collected on any or all property in the City; (c) the full faith and credit of the City; (d) a mortgage on part or all of this redevelopment project; or (e) any other taxes or anticipated receipts that the City may lawfully pledge. It is hereby certified and recited that all conditions, things and acts required by law to exist or to be done, precedent to and in the issuance of this Bond and the issue of which it is a part, have existed and have been done in due form and time as required by law; and that the issuance of this Bond and the series of which it forms a part does not exceed or violate any constitu- tional or statutory provision. IN WITNESS WHEREOF the City of Canton, by its City Council, has caused thi Bs and to be executed by the manual signature of its Mayor, and by the manual signature of its City Clerk, and its corporate seal, or a facsimile thereof, to be hereunto affixed or imprinted or reproduced hereon, and the coupons hereto attached to be executed by the Mayor and City Clerk with their respective facsimile signatures, and said officers, by the execution of this bond, do adopt as and for their own official signatures their respective facsimile signatures appearing on said coupons, as of the first day of August, 1978. Mayor City Clerk -6- (Form of Coupon) The CITY OF CANTON, FULTON COUNTY, ILLINOIS will pay to bearer the amount shown herein in lawful money of the United States of America at the office of the City of Canton, Illinois, upon presenta- tion and surrender of this coupon, for interest due that day on its Tax Allocation Bond, Series 1978, dated August 1, 1978. (Facsimile Signature) (Facsimile Signature) City Clerk Mayor (Provision for Registration) This Bond may be registered in the name of the owner as to principal only, such registration to be on a bond register to be kept by the City Clerk as Registrar, and to be noted also in the registration blank below, after which no transfer shall be valid unless made on the bond register at the request of the registered owner or his authorized attorney and noted in the registration blank below; but this Bond may be discharged from registration by being transferred to bearer, after which it shall be transferable by delivery but may be again registered as before. Such registration shall not impair the negotiability by delivery of the coupons attached to this Bond. The principal of this Bond, if registered other than to bearer, shall be payable only to or upon the order of the registered owner or his legal representative. (No writing in the blank below except by the Registrar) Date of Name and Address of Signature of Registration Registered Owner Registrar ON 19 Bond No. -7- ,~ Section 8. Sale and Delivery of the Series 1978 Bonds. After this ordinance has become effective as provided by law, the Series 1978 .Bonds shall be sold by resolution of this City Council upon such terms and at such interest rate or rates not exceeding 8$ per annum as the Sale Resolution shall provide. Upon such sale, the Mayor and City Clerk are hereby authorized and directed to cause the Series 1978 Bonds to be printed, and to execute and deliver the Bonds to the Treasurer, to be by said Treasurer delivered to the purchaser thereof, upon payment of the purchase price therefor, plus accrued interest from date of said bonds up to and including the date of delivery. Section 9. Application and Investment of Series 1978 Bond Proceeds. The proceeds from said Bonds shall be paid out for the purposes and in the manner required by the Act, this ordinance, and the Redevelopment Plan. An amount equal to sixteen months interest on the Series 1978 Bonds shall be used to pay interest on the Bonds due June 1, 1979 and December 1, 1979 in the event proceeds from the Special Tax Allocation Fund for the Central Business District are not sufficient for that purpose. The proceeds of the Bonds may be invested as permitted by applicable law, and as restricted by the next succeeding section hereof . Section 10. Arbitrage Not Permitted. It is hereby represented, certified and covenanted to and with the purchaser of the Bonds, and with the holders of the Bonds from time to time, that on the basis of facts, estimates and circumstances in exist- ence on the date of the adoption hereof, and expected to be in the existence on the date of the delivery of the Bonds, it is not expected that the proceeds of the Bonds, or any investment income therefrom, will be used in a manner that would cause any of the Bonds to be an "arbitrage bond" within the meaning of Section 103(c)(2) of the Internal Revenue Code of 1954, as amended; and that on the date of delivery of the Bonds the City Treasurer will issue a certification with respect to the amount and use of the proceeds of the Bonds authorized by this ordinance for purposes of Section 103(c)(2) of the Internal Revenue Code of 1954, as amended, and the proposed regulations promulgated thereunder. Sec_ tioT 11. Severabil~. If any section, paragraph, clause or provision of this ordinance shall be invalid or ineffec- tive for any reason, the remainder of this ordinance shall remain in full force and effect, it being expressly hereby found and declared that the remainder of this ordinance would have been adopted by this City Council despite the invalidity of such sec- tion, paragraph, clause or provision. Section 12. Repeal of Conflicting Provisions. All orders or resolutions in conflict herewith are hereby repealed insofar as such conflict exists. -8- r ~ ~ ~ ~. Section 13. Effective Date. This ordinance shall be published within 10 days from the date of its adoption in "The Canton Daily Ledger" and shall be effective 10 days after its publication. Adopted t,,~ l.1 ~-. y ~ t N , lg~g, Approved ~ tt_ ~ ~/ ~ t "~ , 19 7 8 , .>- w- ~_-° s- -~ Mayor Attest: City lerk -9- It was thereupon moved by Alderman Sepirh. and seconded b la~r~,^r. vArhi c Y that said ordinance as presented and read be adopted. After a full discussion thereof, the Mayor directed that the roll be called for a vote upon the motion to adopt the ordinance as read. Upon the roll being called the following Aldermen voted AYE: 2nhc"~zc, Slash^~~.h, 1~tsing+es,Sepich, Ctrl, Yerh c, KovaclZe~'~'ch, Mayor Crouch. and the following Aldermen voted NAY: Riley, Horr, Pealc, ('h~a.rchill, ~.?i~_l ^^^s, ?'cnr_^r Whereupon the Mayor declared the motion carried and the ordinance adopted and henceforth did approve and sign the same in open meeting and did direct the City Clerk to record the same in full in the records of this meeting of the Council of the City of Canton, Fulton County, Illinois. Other business not pertinent to the adoption of said ordinance was duly transacted at said meeting. Upon motion duly made and seconded, the meeting was adjourned. ,~ CL. mac. ~. ~.. ~ ~~ C-~K.,~ Cit Clerk -10- STATE OF ILLINOIS COUNTY OF FULTON I, ~,''~Ct- C:-t~~'' '.~, hereby certify that I am the qualified and acting ity Clerk of the City of Canton, Illinois and that I am the legal custodian of the papers and records of the City, and as such officer I further certify that I have compared the attached excerpts wit th original minutes of the meeting of the City Council held on ~c ,..~`~ /~ /~!~', and that such excerpts are a complete and corre tr script of said original minutes insofar as they pertain to the adoption of an ordinance entitled "AN ORDINANCE Providing for the Issuance of $50,000 Principal Amount of Tax Allocation Bonds, Series 1978, Pursuant to the Provisions of the Real Property Tax Increment Allocation Redevelop- ment Act. WITNESS my official ignature and the corporate seal of the City this ,~ day of ~ ,,~,~,~ 1978. (SEAL) ~. 9 f. ity Clerk 1 -11- . ~r,. ~ . - at ;L - ~. ~ ~~ `•,~. AMENDMENTS TO 0$DIN:1i~ICE 1`t0. 661 Explanation of the Following: When you see the underscoring, that is what is to be changed on the old ordinance. In the next paragraph it shows you how the amended ordinance should read. PAGE ONE- AI~T ORDINANCE Providins~ for the Issuance of _a~5` principal Amount of Tax Allocation Bonds, Series 1978, Pursuant to the Provisions of the Real Property Tax Increment Allocation Redevelopment Act;_and approvinr~ the Sale Thereof. . AN ORDINANCE Providing for the Issuance of "50,000 Principal Amount of Ta$ Allocation Bonds, Series 1978, Pursuant to the Provisions of the Real Property Tax Increment Allocation 8edevelopment Act. PAGE TWO, Paragraph Three- WHEREAS, ...constituting Public Act 79-1525 of the 1976 C,eneral Session of the Illinois General Assembly (the "Act"); r' ;WHEREAS, ...constituting Public Act 79-1525 of the 1976 "Regular" Session of the Illinois General Assembly (the "Act"); ~ ~ ~ ~a ~ # # ~~ ~ Section 2. Authorization of Bonds. For the purpose of financing said appropriation and paying part of the Redevelopment Project Costs, the City is hereby authorized to issue its obliga- tions (the "Bonds") each to be designated "Tax Allocation 3ond, Series lg7 ," in an aggregate principal amount of a!~50.000. The Bonds shall be dated August ~, 1978, shall each be of the denomina- tion of '5,000, shall be numbered from 1 to 90 in order of maturity, shall bear interest at the rate of seven uercent (~n).oer annum, shall mature on December ~ of each. year in the following principal amounts: '- Year Amount ' 1982 X45,000 1991 w5,000 and shall be payable in lawful money,'of the United States of America at the office of the City Treasurer. The Bonds shall bear interest from August ~, 1978 payable on June ~, 1979 and semi- annus.lly thereafter on June ~ and December ~ of each year until maturity. Each Bond shall be issued... Section 2. Authorization of Bonds. For the purpose of financing said appropriation and paying part of t'ne Redevelopment Project Costs, the City is hereby authorized to issue its oblis~a- tions."(The"Series 1978 Bonds" or'the'"Bonds")" each to be desig- nated~"Tax Allocation Bond, Series 1978," in an aggregate principal amount of "`50,000." "The Series 1978 Bonds"shall be dated August "1," 1978, shall each be of the denomination of X5,000, shall be numbered "1 to 10" in order of maturity, (Deletio? shall mature on December "1" of each year "without option of prior redemp- tion" in the following principal anountss Year Amount "1982 X25,000 1983 z5,ooo" AMENDMENTS TO ORDINAc'VCE N0. 661 Explanation of the Following: When you see the underscoring, that is what is to be changed on the old ordinance. In the next paragraph it shows you how the amended ordinance should read. PAGE ONE- AN ORDINANCE 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 approving the Sale Thereof . AN ORDINANCE 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. ~ # * ~ * ~ ~ PAGE TWO, Paragraph Three- WHEREAS, ...constituting Public Act 79-1525 of the 1976 General Session of the Illinois General Assembly (the "Act"}; ;WHEREAS, ...constituting Public Act ?9-1525 of the 1976 "Regular" Session of the Illinois General Assembly (the "Act"); Section 2. Authorization of Bonds. For the purpose of financing said appropriation and paying part of the Redevelopment Project Costs, the City is hereby authorized to issue its obliga- tions (the "Bonds") -each to be designated "Tax Allocation Bond, Series 197 ,' in an aggregate principal amount o~' ~!-X50.000. The Bonds shall be dated August l~, 1978, shall each be of the denomina- tion of '5,000, shall be numbered from 1 to g0 in order of maturity, shall bear interest at the rate of seven percent (7~) per annum, shall mature on December,l~ of each year in the following principal amounts: Year Amount 1982 X45,000 1991 X5,000 and shall be payable in lawful money ,of the United States of America at the office of the City Treasurer. The Bonds shall bear interest from August ~, 1978 payable on June ~, 1g79 and semi- annually thereafter on June ~ and December l~ of each year until maturity. Each Bond shall be issued... Section 2. Authorization of Bonds. For the purpose of financing said appropriation and paying part of the Redevelopment Project Costs, the City is hereby authorized to issue its obliga- tions "(The"Series 1978 Bonds" or'the'"Bonds")" each to be desiq- nated "Tax Allocation Bond, Series 1978," in an as~gregate principal amount of !~~50,000." "The Series 1973 Bonds"shall be dated Aua~ust "1," 1~7~i, shall each be of the denomination of "5,000, shall be numbered "1 to 10" in order of maturity, (Deletion. shall mature on December "1" of each year "without option of prior redemp- tion" in the following principal amounts: Year Amount "1932 X25,000 1983 25,000" A'MyNDM.EI~TTS, Cont . , Page Two and shall be payable in lawful money of the United States of America at the office of the City Treasurer. The "Series 1978' Bonds" shall bear interest from August "I," 1978 payable on June "l," 1979 and semi-annually thereafter on June "1" and December "1" of each year until maturity, "at such rate or rates (not exceedin ei ht (8%) per annum) as shall be fixed by a resolution adopted byptheeCity Council prior to the issuance of the Series 1978 Bonds (herein called the "Sale Resolution")." Each Bbnd shall be issued ... (The last two paragraphs of Section Two (2) are completely deleted.) PAGE THREE, Section 3- Section 3. Execution of Bonds and Coupons. Each Bond shall be executed... ~~ Section 3. Execution of "Series 1978" Bonds and Coupons. Each Series 1978 Bond shall be executed... PAGE FOUR. Section 4•- Section 4. Lost, Destroyed or Mutilated Bonds. In case any Bond or coupon shall become mutilated, lost, stolen or destroyed, the appropriate officers. of the City, in their discretion. ~ issue a new Rond ... Section !~. Lost, Destroyed or Mutilated Bonds. In case any Bond or coupon shall become mutilated, lost, stolen or destroyee, the appropriate officers of the City "shall" issue a new Bond ... PAGE FOUR. Section 5- Section 5. Source of Payment. There shall be deposited to the credit of the Special Tax Allocation Fund. for the Central Business District established by virtue of the Allocation Ordinance (a) tre incremental taxes collected pursuat'rt to the Act and the Allocation Ordinance and b) revenue received by the-City from the sale or other disposition of real property acquired with the proceeds of the B~. For the purpose of paying and securing the BOnr?s and the Fi rat Seri Pc Rnnrlc ~ the funds from time to time. on deposit to the•bredit of the Special Tax Allocation .Fund are hereby pledged to the payment of the principal of, premium, if any, and interest on the Bonds and the First Series Bonds and any additional Bonds permitted in Section hereof to be issued on an equal rank with the Bonds. If on the first day of any fiscal year of the City, the amount on deposit in the Special Tax Allocation Fund exceeds the total amount of the principal of and interest on the First Series Bonds. the Bonds and on ad.ditiona,l bonds then outstanding and entitled to the pledge of moneys on deposit in said Fund :which will become due and payable during such fiscal year and the fiscal year next ensuing plus the total amount of Redevelopment Project Costs t'neretofore incurred and unpaid, and which the City determines are not to be paid from Bond proceeds, then such excess shall be applied promptly to the redemp- tinn ~f the First Series Bonds the Bonds and such additional bonds. Notwithstandins~ the foregoing, in the event more than .p?, OO,g00 of r^irst Series Bonds the Bonds and additional bonds sh~.ll be outstand- ing, thn City shall treat as surplus 10;n of the additional yearly tax increment receipts in excess of receipts required to pa,y princi- pal, interest and reserve ... The Bonds and the interest thereon do not constitute a general obligation of the City nor an indebtedness of the City or a loan of credit thereof within the meaninq_of any constitutes or sts,tutorv provision but such Bonds and the interest thereon shall he payable solely from the ravenues in the Special Tax Allocation Fund. AME*JDidENTS,' Cont . , Page Three Section 5. Source of Payment. There whall be deposited to the credit of the Special Tax Allocation Fund for the Central Business District established by virtue of the Allocation Ordinance (a) the incremental "tax receipts" collected pursuant to the Act and the Allocation Orainance .and (tv) revenue received by the City from the sale or other disposition of real property acquired with the proceeds of the "Series-1978 Bonds." For the purpose of paying and securing the "Series 1978 Bonds" the funds from time to time on deposit "in" the Special Tax Allocation Fund are hereby pledged to the ps.yment of the principal of, premium, if any, and interest on the Bonds and "any additional bonds ("Additional Bonds") permitted in Section 6 hereof to be issued "payable from and being entitled to a pledge of moneys on deposit in the Special Tax Allocation Fund equal in priority to that of the Series 1978 Bonds." If on the first day of any fiscal year of the City, the amount on deposit in the Spe- cial Tax Allocation Fund exceeds the total amount of the principal of and interest on the "Series 1978 Bonds and on Additional Bonds" then outstanding and entitled to the pledge of moneys on deposit in said Fund which will become due and payable during such fiscal year and the fiscal year next ensuing plus the total amount of Redevelop- ment Project Costs theretofore incurred and unpaid, and which the City determines are not to be paid from Bond proceeds, t}'~en such excess shall be applied promptly to the redemption of the "Series 1978 Bonds and such Additional Bonds." Notwithstanding the fore- going. in the event more than X2,400,000 of the "Series 1978 Bands and Additional Bonds" shall be outstanding, the City shall treat as surplus 10~ of the additional yearly tax increment receipts in excess of .receipts required to pay principal, interest and reserve... "The Series 1978 Bonds" and the interest thereon do pat constitute a general obligation of the City (Deletion) but such "Series 1978 Bonds" and the interest thereon shall be payable solely from the revenues in the Special Tax Allocation Fund. SECTION 6- Section 6. Additional Bonds. additional bonds. However, such additional bonds which pledge of moneys on deposit be of e. ual rank with the B~ exceed 7.000.000. ..., hereafter authorize and issue the maximum aggregate principal amount of may upon issuance be entitled to the in the Special Tax Allocation Fund and ends with respect thereto shall z~ot Each additional bond shall mature within twent years from its date but in no event later than December 27, 2000. Section 6. Additional Bonds. ..:, hereafter authorize and issue "Additional Bonds." However, the maximum aggregate principal amount of such "Additional Bonds" which may upon issuance be entitled to the pledge of moneys on deposit in the Special Tax Allocation Fund "shall not exceed X7,450,000, and such pledge may be of equal priority in claim to moneys on deposit in the Special Tax Allocation Fund to that of the Series 1978 Bonds. The Additional Bonds may in addition at the discretion of the City be entitled to a pledge of any or a combination of the following: (a) net revenues of all or part of 'this' redevelopment project; (b) taxes levied and collected on any ar alI property in the City; (c) the full faith and credit of the City; (d) a mortgage on part or all of 'this' redevelopment project; or (e) any other taxes or anticipated rPCeipts that the City may lawfully pledge." Each "Additional Bond" shall mature within twenty years from its date but in no event later than December 27, 2000. r. AiyiE~lDi''TL dT3, • C'ont . , Page Four PAGE rr^IVE, Form of 3ond The City of Canton, a municipal corporation of the State of Illinois situated in the County of Fulton, hereby acknowledges itself indebted s.nd for value received promises to pay to bearer, or to the registered owner of this Bond shall then be registered as to principal, the principal sum of r^ive Thousand Dollars ("~5400j on the fifteenth day of December, 19_, and to pay interest on such principal sum from the date hereof at the rate of six per cent (6~) per annum until such principal sum shall have been fully paid ®r discharged, such interest being payable on June ~, 1979 and semiannually thereafter on the fifteenth day of June and ... The City of Canton, a municipal corporation of the State of Illinois situated in the County of Fulton (Deletion) for value received promises to pay to bearer, or to the registered owner of this Bond shall then be registered as to principal, the principal s~.zm of Five Thousand Dollars 05000) on the "first" day of December, 19 , and to pay interest on such principal sum from the date hereof at the rate of " " per cent "(~)" per annum until such princi- pal sum shall have been fully paid or discharged, such interest being payable on June"l,"1979 and semiannually thereafter on the "first" day of June and ... . . This Bond is one of a series of bonds authorized in the aggregate principal amount of 4 0 000 which are author- ized and issued under and pursuaant to the Real Property Tax Increment Allocation Redevelopment Act, constituting Public Act 79-1525 of the 1976 General Session of the Illinois General Assembly (herein called the "Act"), and under and in accordance with an ordinance adopted by the City Council of the City on June 20, 1978 and entitled: "Ar. Ordinance providing for the Issuance of~450.000 Principal Amount ... This Bond is one of a series of bonds authorized in the aggregate principal amount of "50,000 (the "Series 1978 Bonds")," which are authorized and issued under and pursuant to the Real Property Tax Increment Allocation Redevelopment Act, constituting Public Act ?9-1525 of the 197b "Regular" Session of the Illinois General Assembly (herin called the "Act"), and under and in accordance with an ordinance adopted by the City Council of the City on "July _", 1978 and entitled: An Ordinance providing for the Issuance of "50,000" Principal Amount ... The last two paragraphs on page Six are DELETEL?. PAGE SEVEi1, Form of Bond In accordance with the Act and to the extent provided for in the Ordinance, the Bands are secured by a pledge of the moneys on deposit in the Special Tax Allocation Fund on a parit,Y_ with the outstandinu Tax Allocation General Obligation Bonds. Series i~~R ~f ~ha ^.i f~v rlai-ari A,~rru~t 15. 1978 and oriaiaall.v issued in the principal amount of y50,000. Re~'erence ... In accordance with the Act and to the extent provided far in the Ordinance, the "Series 1978 Bonds" are secured by a pledge of the moneys on deposit in the Special Tax Allocation Fund. Reference ... . AMENDME`1TS, Page Five Form of Bond, C'ont.- PAGE SEVEN, Paragrap'n Two- Pursuant to the Ordinance, the City may hereafter issue additional bonds in an amount not exceeding X7.000.000, which, at the option of the City and eauall,y with the Bonds. will be secured by the pledge of moneys on deposit in the Special Tax Allocation Fund, Pursuant to the Ordinance, the City may hereafter issue additional bonds "("Additional Bonds") in an amount not exceeding " ~7, X50, 000" which, at the option of .the City _ (Deletion ) may be secured by the pledge of moneys on deposit in the Special Tax Allo- cation Fund, "and such pledge may be of equal griority in claim to moneys on deposit in the Special Tax Allocation Fund to that of the Series 1978 Bonds. The Additional Bonds may in addition at the discretion of the City be entitled to a pledge of any or a combination of the following: (a) net revenues of all or part of 'this' rede- velopment project; (b) taxes levied and collected on any or all property in the City; (c) the full faith and credit of the City; (d) a mortgage on part or all of 'this' redevelopment project; or (e) any other taxes or anticipated receipts that the City may lawfully pledge." Form of Coupon- IInless the bond to which this coupon is x[!ll .'S'1t7,11 [11VC VCCI1 NL'V{.lCj-l.V liY_.1,11CU. 1 VL- L-C- dempti on and nrovi si on made for the n~,.yment thereof . ,the CITY OF CANTON, .. . ...upon presentation and surrender of this coupon, for interest due that day on its 'fax Allocation General Obligation Bond, Series 1978, dated August 1,~,, 1978.... OF CANTON, ... The CITY ...upon presentation and surrender of this coupon, for interest due that day on its Tax Allocation (Deletion) Series 1973, dated. August "l," 1978 • SECTION £i ~ ~ # ~ ~ ~ ~ ~ Section 8. Sale and Delivery of the Bonds. After this ordinance has become effective as provided by law, the Mayor and City Clerk are hereby authorized and directed to cause the Bonds to be printed, and to execute and deliver the Bonds to the Treasurer, to be by said Treasurer delivered to the purchaser thereof, namely, upon payment of the purchase price of ~~-~50,~J00, ulus accrued interest from date of said bonds up to and including the d~.te of delivery, the sate of said bonds to at the face a mount thereof plus accrued interest being hereby in all respects ratified, approved and confirmed. Section 8. Sale and Deliver of the "Series 1978 Bond.s." "After this ordinance has become effective as provided by lsw, the Series 1978 Bonds shall be sold by resolution of this City Council upon such terms and at such interest rate or rates not exceeding 8~ per annum as the Sale Resolution shall provide., Upon such sale, the P~`ayor and City Clerk are hereby authorized and directed to cause the Series 1978 3onds to be printed, and to execute and deliver the Bo3~3s to the Treasurer, to be by said Treasurer delivered to the purchaser thereof, upon pay~ent of the purchase price theref or, plus accrued interest from date of said bonds up to and including the date of delivery." •' "' . '.• AMENDMENTS, Cont., Page Six Sr,CTI OI`1 9- Section 9. Application and Investment of Bond Proceeds. Application and Investment of "Series 1978" Bond Proceeds. Dates are changed from June 15. 1979 to June 1, 1979 and from December 15, 1979 to December 1, 1979•