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O-70-04 10/11/04ORDINANCE NO. d AN ORDINANCE AUTHORIZING THE ISSUANCE OF ALTERNATE BONDS OF THE VILLAGE OF LEMONT, COOK, DUPAGE AND WILL COUNTIES, ILLINOIS, TO FINANCE CERTAIN MUNICIPAL IMPROVEMENTS PREAMBLES WHEREAS, the Village of Lemont, Cook, DuPage and Will Counties, Illinois (the "Municipality "), operates in accordance with the provisions of the Illinois Municipal Code [Section 5/1 -1 -1 et seq. of Chapter 65 of the Illinois Compiled Statutes, as supplemented and amended, including by the Local Government Debt Reform Act (collectively, the "Act ")], is entitled to receive a certain distributive revenue share of proceeds from the Retailer's Occupation Taxes, Service Occupation Taxes, Use Taxes and Service Use Taxes (as applicable, collectively "Sales Taxes ") as imposed by the State of Illinois and distributed pursuant to applicable law, and maintains a general fund which includes revenues from numerous sources, including receipts of general property taxes, Sales Taxes, interfund transfers, and other fees, charges and receipts (the "General Fund "); and WHEREAS, the President and Board of Trustees of the Municipality (the "Corporate Authorities ") has determined that it is advisable, necessary and in the best interests of the Municipality's public health, safety and welfare to finance the acquisition, construction and installation of part of a public works facility, and flood remediation and mitigation facilities and improvements (including, as applicable, land acquisition and rights in real estate, mechanical and electrical work and other related facilities, improvements and costs, in one or more phases, as applicable, collectively, the "Project "), pursuant to the plans and specifications therefor prepared or to be prepared by the consulting engineers concerning the Project; and WHEREAS, in connection with financing and refinancing the Project up to $1,525,000 in aggregate principal amount is to be paid from proceeds of the hereinafter described Alternate Bonds (and any balance from funds on hand or grant proceeds, as the case may be, being general obligation bonds as authorized by Section 15 of the Local Government Debt Reform Act, but nevertheless expected to be paid from one or more of sources of the revenues of the General Fund as the alternate revenue source rather than by any levy of taxes, the "Alternate Bonds "); and WHEREAS, such costs are expected to be paid from, as the case may be, funds on hand or otherwise available and proceeds of the Alternate Bonds, to be payable from the General Fund and issued pursuant to the Act, this ordinance and one or more ordinances supplemental to this ordinance authorizing and providing for the issuance of Alternate Bonds, prescribing the details of such Alternate Bonds and providing for the collection, segregation, distribution and application of one or more of the revenues constituting the General Fund to pay the Alternate Bonds, in lieu of any levy of taxes; and WHEREAS, the Municipality has insufficient funds to pay the costs of the Project, and, therefore, must borrow money and issue Alternate Bonds, in evidence thereof, at one time or from time to time and in one or more series, in an approximate principal amount aggregating not to exceed $1,525,000 for such purpose, pursuant to and in accordance with the provisions of the Act. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COOK, DUPAGE AND WILL COUNTIES, ILLINOIS, as follows: Section 1. Incorporation of Preambles and Determination to Issue Bonds. The Corporate Authorities hereby find that all of the recitals contained in the preambles to this ordinance are true, complete and correct and hereby incorporate them into this Section 1 of this ordinance by this reference thereto. It is necessary and in the best interests of the Municipality to effect the Project for the public health, safety and welfare, including in accordance with the plans and specifications, as described above, and that there are hereby authorized to be issued and sold not to exceed $1,525,000 in aggregate principal amount of Alternate Bonds. Section 2. Publication and Notice. Within ten (10) days after the adoption of this ordinance by the Corporate Authorities, this ordinance, preceded by the notice hereinafter described, shall be published in The Homer /Lockport /Lemont Sun, and /or the Lemont Report /Met, both newspapers published and of general circulation in Lemont, Illinois, and concerning the Alternate Bonds -- if no petition, signed by not less than registered voters of the Municipality numbering the greater of (i) 7.5% of the registered voters in the Municipality or (ii) 200 of those registered voters or 15% of those registered voters, whichever is less, is filed with the Village Clerk of the Municipality within thirty (30) days after the date of the publication of this ordinance, preceded by the Alternate Bond notice hereinafter described, asking that the question of the issuance of the Alternate Bonds to pay costs of the Project, and related expenses, be submitted to the electors of the Municipality, then this ordinance shall be in full force and effect, and the Alternate Bonds shall be authorized to be issued by this ordinance and related proceedings supplemental to this ordinance. If an applicable petition is filed, an election on the question shall be held as set forth in the forms of the notices required by Sections 5 and 15 of the Local Government Debt Reform Act, and this ordinance shall not become effective as to the Alternate Bonds until the question shall have been duly approved by a majority of the votes cast on the question at the election to be held as set forth in the applicable notice. The Village Clerk shall have available and provide a form of petition to any person requesting one. The Village Clerk shall give notice of the foregoing provisions as set forth in substantially the form of such notice as is presented at the meeting of the Corporate Authorities at which this ordinance is adopted, modified as may be necessary for completeness and to comply with the Act. Section 3. Additional Ordinances. If no petition meeting the requirements of applicable law is filed as provided above in Section 2, then the Corporate Authorities in accordance with and pursuant to the Act may adopt additional ordinances or other proceedings supplemental to or amending this ordinance, providing for the issuance and sale of up to but in any event not to exceed $1,525,000 in aggregate principal amount of Alternate Bonds, prescribing the details of such Alternate Bonds, providing for the collection, segregation, 2 distribution and application of, as applicable, one or more of the sources of revenues of the General Fund for the payment thereof, and, in the case of the Alternate Bonds providing for a levy of taxes as further security and source of payment, although expected to be paid from one or more of the revenues constituting the General Fund and not any levy of taxes. Such additional or supplemental ordinances or other proceedings shall in all instances become effective in accordance with applicable law; and this ordinance, together with such supplemental and additional ordinances or other proceedings, shall constitute complete authority for the issuance of the Alternate Bonds under applicable law (but in any event not to exceed $1,525,000 in aggregate principal amount combined). Section 4. Severability and Repealer. 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. All ordinances, resolutions or orders, or parts thereof, in conflict with the provisions of this ordinance are to the extent of such conflict hereby repealed. Upon motion by Trustee Reaves , seconded by Trustee Blatzer , adopted (and recorded in the Municipality's records) on October 11 , 2004, by roll call vote, as follows: AYES (names): NAYS (names): ABSENT (names): Attest: Blatzer, Coules, Reaves, Rosendahl, Stapleton Virgilio Village Clerk, Village of Lemont, Cook, DuPage and Will Counties, Illinois 3 Approved: October 11 , 2004 age ook, inois resident, Vil age o uPage and Will Co mont, es, To: Village Clerk, Village of Lemont, Illinois. ALTERNATE BONDS PETITION In accordance with and pursuant to Section 2 of Ordinance No. 0- 70 -04f the Village of Lemont, Cook, DuPage and Will Counties, Illinois (the "Municipality "), adopted 10 /11/ , 2004, and entitled: AN ORDINANCE AUTHORIZING THE ISSUANCE OF ALTERNATE BONDS OF THE VILLAGE OF LEMONT, COOK, DUPAGE AND WILL COUNTIES, ILLINOIS, TO FINANCE CERTAIN MUNICIPAL IMPROVEMENTS, each of the undersigned hereby certifies, as applicable to each, that each is an elector (a registered voter) of the Municipality, and hereby petitions and asks that the question of issuing Alternate Bonds [General Obligation Bonds (with one or more of the sources of revenues constituting the General Fund as the Alternate Revenue Source)] in an aggregate principal amount not to exceed $1,525,000 to finance certain municipal facilities (including a portion of a public works facility and flood remediation and mitigation facilities and improvements), and related facilities, improvements and costs, all as set forth in the above ordinance, be submitted to the electors of the Municipality at the consolidated election to be held on April 5, 2005, if such question can be and is presented at such election, and otherwise at the next election at which such question could be presented under the general election laws. Print Name Address Lemont, IL Signature 1. Lemont, IL 2. Lemont, IL 3. Lemont, IL 4. Lemont, IL 5. Lemont, IL 6. Lemont, IL 7. Lemont, IL 8. Lemont, IL 9. Lemont, IL 10. Lemont, IL Statement: I, [Name], of [Addressj, , Illinois, hereby state that I am, and have been at all times I have circulated this petition, a U.S. citizen over 18 years of age, that the above signatures on this sheet were signed in my presence in Lemont, Illinois, and are genuine, and to the best of my knowledge and belief each of the persons so signing were at the time of signing registered voters of the Village of Lemont, Illinois, and their addresses are correctly stated. State of Illinois County of (SEAL) My Commission Expires: Signature The above Statement was subscribed and sworn to before me this day of , 2004. Sheet of Notary Public To: Village Clerk, Village of Lemont, Illinois. ALTERNATE BONDS PETITION In accordance with and pursuant to Section 2 of Ordinance No. 0- 70 -04f the Village of Lemont, Cook, DuPage and Will Counties, Illinois (the "Municipality "), adopted 10 /11/ , 2004, and entitled: AN ORDINANCE AUTHORIZING THE ISSUANCE OF ALTERNATE BONDS OF THE VILLAGE OF LEMONT, COOK, DUPAGE AND WILL COUNTIES, ILLINOIS, TO FINANCE CERTAIN MUNICIPAL IMPROVEMENTS, each of the undersigned hereby certifies, as applicable to each, that each is an elector (a registered voter) of the Municipality, and hereby petitions and asks that the question of issuing Alternate Bonds [General Obligation Bonds (with one or more of the sources of revenues constituting the General Fund as the Alternate Revenue Source)] in an aggregate principal amount not to exceed $1,525,000 to finance certain municipal facilities (including a portion of a public works facility and flood remediation and mitigation facilities and improvements), and related facilities, improvements and costs, all as set forth in the above ordinance, be submitted to the electors of the Municipality at the consolidated election to be held on April 5, 2005, if such question can be and is presented at such election, and otherwise at the next election at which such question could be presented under the general election laws. Print Name Address Lemont, IL Signature 1. Lemont, IL 2. Lemont, IL 3. Lemont, IL 4. Lemont, IL 5. Lemont, IL 6. Lemont, IL 7. Lemont, IL 8. Lemont, IL 9. Lemont, IL 10. Lemont, IL Statement: I, [Name], of [Address], , Illinois, hereby state that I am, and have been at all times I have circulated this petition, a U.S. citizen over 18 years of age, that the above signatures on this sheet were signed in my presence in Lemont, Illinois, and are genuine, and to the best of my knowledge and belief each of the persons so signing were at the time of signing registered voters of the Village of Lemont, Illinois, and their addresses are correctly stated. State of Illinois County of (SEAL) My Commission Expires: Signature The above Statement was subscribed and sworn to before me this day of , 2004. Sheet of Notary Public (form of notice) NOTICE OF INTENT TO ISSUE BONDS AND RIGHT TO FILE PETITION [ALTERNATE BONDS] Notice is hereby given that pursuant to Ordinance No. 0 -70 -02 (the "ordinance"), adopted at a meeting of the President and Board of Trustees on ortohP - 11 , 2004, the Village of Lemont, Cook, DuPage and Will Counties, Illinois (the "Municipality "), intends to issue its alternate bonds (howsoever styled, the "Alternate Bonds "), being general obligation in lieu of revenue bonds, up to the amount of but in any event not to exceed $1,525,000 in aggregate principal amount, bearing interest at not to exceed the rate limitation provided by applicable law, to finance certain municipal facilities: a portion of a public works facility and flood remediation and mitigation facilities and improvements, and related facilities, improvements and costs (the "Project "), as provided in the ordinance. Although the Alternate Bonds are to be general obligation bonds, they are to be paid from one or more of the sources of revenues of the Municipality's General Fund, as provided in the ordinance, as the alternate revenue source. In addition, notice is hereby given that if a petition signed by not less than electors of the Municipality (numbering the greater of (i) 7.5% of the registered voters in the Municipality or (ii) 200 of those registered voters or 15% of those registered voters, whichever is less) requesting that the question of the issuance of the Alternate Bonds and of undertaking the above described refunding and Project be submitted to the Village Clerk within thirty (30) days of the date of publication hereof and of the above described ordinance, such question shall be submitted to the electors of the Municipality at the consolidated election to be held on April 5, 2005, if such question can be and is presented at such election, and otherwise at the next election at which such question could be presented under the general election laws. A form of petition is available to any person requesting one in the Village Clerk's office. /s/ Charlene M. Smollen Village Clerk, Village of Lemont, Cook, DuPage and Will Counties, Illinois Note to publisher: The full text of the ordinance is to follow the above notices. Publish in order (and all run together): the Revenue Bonds notice first, the Alternate Bonds notice second, and the ordinance third. Please check with the Village Attorney (John P. Antonopoulos, Esq.) ((630) 257 -5816) as to any blanks in the ordinance or notices. Send your publication statement to Village of Lemont, Village Hall, 418 Main Street, Lemont, Illinois 60439 Attention: Village Administrator, and send two certificates of publication (with ad text) to Evans, Froehlich, Beth & Chamley, 44 E. Main Street, Suite 310, Champaign. Illinois, 61820 -3649. STATE OF ILLINOIS ) COUNTY OF COOK ) SS VILLAGE OF LEMONT ) CERTIFICATION OF ORDINANCE 1, the undersigned, do hereby certify that 1 am the duly selected, qualified and acting Village Clerk of the Village of Lemont, Cook, DuPage and Will Counties, Illinois (the "Municipality "), and as such official 1 am the keeper of the records and files of the Municipality and of its President and Board of Trustees (the "Corporate Authorities "). I do further certify that the attached constitutes a full, true and complete excerpt from the proceedings of the meeting of the Corporate Authorities held on the 11 day of October , 2004, insofar as same relates to the adoption of Ordinance No. 0 -70 -04 , entitled: AN ORDINANCE AUTHORIZING THE ISSUANCE OF ALTERNATE BONDS OF THE VILLAGE OF LEMONT, COOK, DUPAGE AND WILL COUNTIES, ILLINOIS, TO FINANCE CERTAIN MUNICIPAL IMPROVEMENTS, a true, correct and complete copy of which ordinance (the "ordinance ") as adopted at such meeting appears in the transcript of the minutes of such meeting and is hereto attached. I do further certify that the deliberations of the Corporate Authorities on the adoption of such ordinance were taken openly, that the adoption of such ordinance was duly moved and seconded, that the vote on the adoption of such ordinance was taken openly and was preceded by a public recital of the nature of the matter being considered and such other information as would inform the public of the nature of the business being conducted, that such meeting was held at a specified time and place convenient to the public, that notice of such meeting was duly given to all of the news media requesting such notice, that such meeting was called and held in strict compliance with the provisions of the open meeting laws of the State of Illinois, as amended, and the Illinois Municipal Code, as amended, and that the Corporate Authorities have complied with all of the applicable provisions of such open meeting laws and such Code and their procedural rules in the adoption of such ordinance. [ ] petition(s) have been received as mentioned in Section 2 of such ordinance, forms thereof being at all relevant times available therefor in the Village Clerk's office. IN WITNESS WHEREOF, I hereunto affix my official signature and the seal of the Village of Lemont, Illinois, this 11 day of October, 2004. (SEAL) Village Clerk [BINA NOTICE FORM] The President and Board of Trustees of the Village of Lemont, Illinois will hold a public hearing on the 8th day of November , 2004 at 7:30 p.m. The hearing will be held at the Village Hall, 418 Main Street, in Lemont, Illinois. The purpose of the hearing will be to receive public comments on the proposal to sell bonds in the amount of up to $1,525,000 for the purpose of financing and refinancing the acquisition, construction and installation of certain municipal facilities: a portion of a public works facility and flood remediation and mitigation facilities and improvements, and related facilities, improvements and costs. By: /s/ Charlene M. Smollen Title: Village Clerk Note to Publisher: The above notice is to be published one time on or before 7 days before the hearing, but not prior to 30 days before the hearing. The publication may be in the "legals" or "classified" section of the paper. NO SPECIAL BORDER IS REQUIRED FOR THIS PUBLICATION. DO NOT USE ANY SPECIAL BORDER. Please send your statement to: Village of Lemont 418 Main Street Lemont, Illinois 60439 Attn: Village Administrator and send two publication certificates (and text) to Evans, Froehlich, Beth & Chamley, 44 E. Main Street, Suite 310, Champaign, Illinois 61820 -3649. Note: Publisher: DO NOT PUBLISH THE FOLLOWING: Village President: When signed and dated please fax to: Kurt P. Froehlich at (217) 359 -6468. The above hearing date, time and place is hereby set and fixed by me, as Village President. October 12,2004 Village President