O-69-04ORDINANCE NO. 3-9-644
AN ORDINANCE AUTHORIZING THE ISSUANCE OF WATERWORKS
AND SEWERAGE REVENUE BONDS (SALES TAXES AND REVENUE
SHARING RECEIPTS PLEDGE) AND ALTERNATE REVENUE
SOURCE BONDS (IN LIEU OF SUCH REVENUE BONDS) OF THE
VILLAGE OF LEMONT, COOK, DUPAGE AND WILL COUNTIES,
ILLINOIS, TO FINANCE WATERWORKS AND SEWERAGE SYSTEM
IMPROVEMENTS
PREAMBLES
WHEREAS, the Village of Lemont, Cook, DuPage and Will Counties, Illinois
(the "Municipality "), operates its municipally -owned combined waterworks and sewerage
system (the "System ") in accordance with the provisions of Division 139 of Article 11 of the
Illinois Municipal Code [Section 5/11 -139 -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 ")] and is entitled to receive a certain distributive revenue share of
proceeds from (i) the State of Illinois income taxes (such distributive share referred to herein as
the "Revenue Sharing Receipts ") imposed by the State of Illinois pursuant to the Illinois
Income Tax Act and distributed pursuant to the State Revenue Sharing Act and (ii) of the
Retailer's Occupation Taxes, Service Occupation Taxes, Use Taxes and Service Use Taxes (as
applicable, collectively "Sales Taxes ") distributed pursuant to applicable law; 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 and refinance the acquisition,
construction and installation of a waterworks and sewerage system component of a public works
facility, homeland security upgrades, water well #6 and a related well house (including, as
applicable, waterworks and system facilities previously financed under an annexation agreement
and 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
$6,000,000 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 in lieu of revenue bonds as authorized by Section 15 of the
Local Government Debt Reform Act, but nevertheless expected to be paid from one or more of
the revenues of the System, Revenue Sharing Receipts, and Sales Taxes as the alternate revenue
source(s) rather than by any levy of taxes, and the balance from other available funds, with
respect to which authorization is necessary to issue the same aggregate principal amount of
waterworks and sewerage revenue bonds (howsoever styled, the "Revenue Bonds ") and to issue
alternate bonds in lieu of such Revenue Bonds payable from one or more of revenues of the
System, Revenue Sharing Receipts and Sales Taxes as the alternate revenue source(s))
(howsoever styled, the "Alternate Bonds "), provided, however, that the aggregate of such
obligations shall not exceed $6,000,000; 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 one or
more of the revenues of the System, Revenue Sharing Receipts, and Sale Taxes 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 in lieu of the Revenue Bonds,
prescribing the details of such obligations and providing for the collection, segregation,
distribution and application of one or more of the revenues of the System, Revenue Sharing
Receipts, and Sales Taxes to pay the Alternate Bonds or Revenue Bonds, as the case may be, in
either case to be 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 Revenue Bonds, to be included in an issue
of Alternate Bonds, if authorized to be issued in lieu of the Revenue 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 $6,000,000 for such purpose (Alternate Bonds and Revenue Bonds
combined not to exceed $6,000,000 in the aggregate), 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 the System continue to be owned and operated as
a combined municipal waterworks and sewerage system in accordance with the provisions of the
Act, and that for such purposes there are hereby authorized to be issued and sold not to exceed
$6,000,000 in aggregate principal amount of Revenue Bonds, or the same amount of Alternate
Bonds in lieu of the Revenue Bonds (Alternate Bonds and Revenue Bonds combined not to
exceed $6,000,000 in the aggregate).
Section 2. Publication and Notice. Within ten (10) days after the adoption of
this ordinance by the Corporate Authorities, this ordinance, preceded by the notices 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 (a)
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
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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, and /or (b) concerning the Revenue Bonds -- if
no petition signed by not less than the number of electors equal to 10% of the number of
registered voters in the Municipality 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 Revenue Bond
notice hereinafter described, asking that the question of the issuance of the Revenue Bonds to
pay costs of the Refunding and 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 Revenue Bonds, or
Alternate Bonds in lieu of such Revenue Bonds, as the case may be, 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 Revenue Bonds and /or the Alternate Bonds, as the case may
be, until the applicable question or questions shall have been duly approved by a majority of the
votes cast on the applicable question or questions at the election to be held as set forth in the
applicable notice or notices. The Village Clerk shall have available and provide an applicable
form of petition to any person requesting one. The Village Clerk shall give notice of the
foregoing provisions as set forth in substantially the forms of such notices as are 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 $6,000,000 in aggregate principal amount of the Revenue Bonds, or the
same aggregate principal amount of Alternate Bonds in lieu of such Revenue Bonds, prescribing
the details of such Alternate Bonds or Revenue Bonds, providing for the collection, segregation,
distribution and application of, as applicable, the revenues of the System and, as the case may be,
of Revenue Sharing Receipts and Sales Taxes 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 System revenues, Revenue Sharing Receipts and Sales
Taxes 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 and /or the Revenue Bonds
under applicable law (but in any event not to exceed $6,000,000 in aggregate principal amount
combined). Alternate Bonds are expected to be issued in lieu of Revenue Bonds.
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.
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Upon motion by Trustee , seconded by Trustee
, adopted (and recorded in the Municipality's records) on
, 2004, by roll call vote, as follows:
AYES (names):
NAYS (names):
ABSENT (names):
Approved: , 2004
Attest:
Village Clerk, Village of Lemont, Village President, Village of Lemont,
Cook, DuPage and Will Counties, Cook, DuPage and Will Counties,
Illinois Illinois
4
To: Village Clerk, Village of Lemont, Illinois.
ALTERNATE BONDS
PETITION
In accordance with and pursuant to Section 2 of Ordinance No. of the Village of Lemont, Cook, DuPage and Will
Counties, Illinois (the "Municipality "), adopted , 2004, and entitled:
AN ORDINANCE AUTHORIZING THE ISSUANCE OF WATERWORKS AND SEWERAGE REVENUE BONDS (SALES TAX AND
REVENUE SHARING RECEIPTS PLEDGE) AND ALTERNATE REVENUE SOURCE BONDS (IN LIEU OF SUCH REVENUE BONDS)
OF THE VILLAGE OF LEMONT, COOK, DUPAGE AND WILL COUNTIES, ILLINOIS, TO FINANCE WATERWORKS AND
SEWERAGE SYSTEM 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 Waterworks and Sewerage
Revenues, Revenue Sharing Receipts and Sales Taxes as the Alternate Revenue Source(s))] in an aggregate principal amount not to exceed
$6,000,000 to finance and refinance certain waterworks and sewerage system facilities (including facilities financed under an annexation
agreement and a waterworks and sewerage system component of a public works facility, homeland security upgrades, water well #6 and a
related well house), 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.
Signature
State of Illinois ) The above Statement was subscribed and sworn to before me this
day of , 2004.
County of
(SEAL) Notary Public
My Commission Expires:
Sheet of
To: Village Clerk, Village of Lemont, Illinois.
REVENUE BONDS
PETITION
In accordance with and pursuant to Section 2 of Ordinance No. of the Village of Lemont, Cook, DuPage and Will
Counties, Illinois (the "Municipality "), adopted , 2004, and entitled:
AN ORDINANCE AUTHORIZING THE ISSUANCE OF WATERWORKS AND SEWERAGE REVENUE BONDS (SALES TAX AND
REVENUE SHARING RECEIPTS PLEDGE) AND ALTERNATE REVENUE SOURCE BONDS (IN LIEU OF SUCH REVENUE BONDS)
OF THE VILLAGE OF LEMONT, COOK, DUPAGE AND WILL COUNTIES, ILLINOIS, TO FINANCE WATERWORKS AND
SEWERAGE SYSTEM 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 Waterworks and Sewerage Revenue Bonds, with a potential pledge of Revenue Sharing
Receipts and Sales Taxes, in an aggregate principal amount not to exceed $6,000,000 to finance and refinance certain waterworks and
sewerage system facilities (including facilities financed under an annexation agreement and a waterworks and sewerage system component
of a public works facility, homeland security upgrades, water well #6 and a related well house), 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
1. Lemont, IL
2. Lemont, IL
3. Lemont, IL
4. Lemont, IL
5. Lemont, I L
6. Lemont, I L
7. Lemont, I L
8. Lemont, IL
9. Lemont, IL
10. Lemont, IL
Signature
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 notices)
NOTICE OF INTENT TO ISSUE BONDS
AND RIGHT TO FILE PETITION
[REVENUE BONDS]
Notice is hereby given that pursuant to Ordinance No. (the
"ordinance "), adopted at a meeting of the President and Board of Trustees on
, 2004, the Village of Lemont, Cook, DuPage and Will Counties, Illinois
(the "Municipality "), intends to issue its waterworks and sewerage revenue bonds (howsoever
styled, the "Revenue Bonds "), up to the amount of but in any event not to exceed $6,000,000 in
aggregate principal amount, bearing interest at not to exceed the rate limitation provided by
applicable law, to finance and refinance certain waterworks and sewerage system facilities
(including facilities financed under an annexation agreement and a waterworks and sewerage
system component of a public works facility, homeland security upgrades, water well #6 and a
related well house), and related facilities, improvements and costs, the "Project ") as provided in
the ordinance. The Revenue Bonds are to be payable solely and only from enterprise revenues
derived from the Municipality's combined waterworks and sewerage system, with a potential
supplemental pledge of one or both of Revenue Sharing Receipts and Sales Taxes, as provided in
the ordinance, and shall not constitute a debt of the Municipality under applicable law.
Authorization for Revenue Bonds is a prerequisite to issuing Alternate Bonds.
In addition, notice is hereby given that if a petition signed by not less than
electors of the Municipality (numbering 10% of the registered voters in the
Municipality) requesting that the question of the issuance of the Revenue Bonds and of
undertaking the above described project be submitted to the Village Clerk within thirty (30) days
of the date of publication of this notice and of the above described ordinance, the question of
undertaking the above described refunding and Project and of the issuance of such Revenue
Bonds 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
NOTICE OF INTENT TO ISSUE BONDS
AND RIGHT TO FILE PETITION
[ALTERNATE BONDS]
Notice is hereby given that pursuant to Ordinance No.
(the "ordinance "), adopted at a meeting of the President and Board of Trustees on
, 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 $6,000,000 in aggregate principal amount, bearing interest at not to exceed the rate
limitation provided by applicable law, to finance and refinance certain waterworks and sewerage
system facilities: (including facilities financed under an annexation agreement and a waterworks
and sewerage system component of a public works facility, homeland security upgrades, water
well #6 and a related well house), 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 revenues of the Municipality's combined waterworks
and sewerage system, Revenue Sharing Receipts and Sales Taxes, as provided in the ordinance,
as the alternate revenue source. Alternate Bonds are to be issued, if at all, in lieu of (not in
addition to) the Revenue Bonds.
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
President, 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
I, the undersigned, do hereby certify that I 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 I 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 day of , 2004,
insofar as same relates to the adoption of Ordinance No. , entitled:
AN ORDINANCE AUTHORIZING THE ISSUANCE OF WATERWORKS AND
SEWERAGE REVENUE BONDS (SALES TAXES AND REVENUE SHARING
RECEIPTS PLEDGE) AND ALTERNATE REVENUE SOURCE BONDS (IN
LIEU OF SUCH REVENUE BONDS) OF THE VILLAGE OF LEMONT, COOK,
DUPAGE AND WILL COUNTIES, ILLINOIS, TO FINANCE WATERWORKS
AND SEWERAGE SYSTEM 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 day of , 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
day of , 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 $6,000,000 for the purpose of financing
and refinancing the acquisition, construction and installation of certain waterworks
and sewerage system facilities: a waterworks and sewerage system component of a
public works facility, homeland security upgrades, water well #6 and a related well
house (and, as applicable, waterworks and system facilities previously financed under
an annexation agreement and land acquisition and rights in real estate, mechanical
and electrical work), 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.
, 2004
Village President