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O-1032-96 11/11/96VILLAGE OF LEMONT ORDINANCE NO. &3- AN ORDINANCE AUTHORIZING THE ISSUANCE OF $139,520 GENERAL OBLIGATION REFUNDING BONDS, SERIES 1996, OF THE VILLAGE OF LEMONT, ILLINOIS ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT This llth day of November , 1996. Published in pamphlet form by authority of the President and Board of Trustees of the Village of Lemont, Counties of Cook, Will, and DuPage, Illinois this llth day of November , 1996 ORDINANCE NO. /6. ORDINANCE AUTHORIZING THE ISSUANCE OF $139,520 GENERAL OBLIGATION REFUNDING BONDS, SERIES 1996, OF THE VILLAGE OF LEMONT, ILLINOIS BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, ILLINOIS AS FOLLOWS: Section 1. Authority and Purpose. This ordinance is adopted pursuant to Section 8 -5 -16 of the Illinois Municipal Code, 65 Illinois Compiled Statutes 5/8 -5 -16, for the purpose of refunding the principal of and interest on the General Obligation Refunding Bonds (Alternate Revenue Source) Series 1994 (The "Series 1994 Bonds "), of the Village of Lemont, Illinois, due and payable on December 1, 1996 (the "Prior Debt "). The amount of the Prior Debt is $139,520 consisting of maturing principal in the amount of $100,000 and interest on all of the series 1994 Bonds in the amount of $39,520. The Series 1994 Bonds were issued on November 9, 1994, prior to the date on which the Village became subject to the provisions of the Property Tax Extension Limitation law. Section 2. Authorization and Terms of Bonds. The sum of $139,520 is appropriated to meet part of the estimated cost of refunding the Prior Debt and the costs of issuance of the bonds herein authorized. Pursuant to Section 8 -5 -16 of the Illinois Municipal Code and the Local Government Debt Reform Act, 30 Illinois Compiled Statutes 350, and for the purpose of financing said appropriation, general obligation bonds of the Village are authorized to be issued and sold in an aggregate principal amount of $139,520. Said bonds shall be designated "General Obligation Refunding Bonds, Series 1996." Bonds shall be issuable in the denominations of $5,000 or any integral multiple thereof and may bear such identifying numbers or letters as shall be useful to facilitate the registration, transfer and exchange of bonds. Unless otherwise determined in the order to authenticate the bonds, each bond delivered upon the original issuance of the 1 bonds shall be dated as of November 15, 1996. Each bond thereafter issued upon any transfer, exchange or replacement of bonds shall be dated so that no gain or Toss of interest shall result from such transfer, exchange or replacement. The bonds shall mature (without option of prior redemption) on December 1, 1997. Each bond shall bear interest from its date, at the rate of four and one quarter percent per annum computed on the basis of a 360 day year consisting of twelve 30 day months and payable at maturity. The principal of and interest on the bonds shall be payable in lawful money of the United States of America upon presentation and surrender at the office of the First National Bank of Chicago, 1200 South State Street, Lemont, Illinois, which is hereby appointed as bond registrar and paying agent for the bonds. Section 3. Sale and Delivery. The bonds are sold to First National Bank of Chicago as purchaser, at a price of $139,520 and accrued interest from their date to the date of delivery and payment therefor. The Village President, Village Clerk and other officials of the Village are authorized and directed to do and perform, or cause to be done or performed for or on behalf of the Village each and every thing necessary for the issuance of the bonds, including the proper execution and delivery of the bonds. Section 4. Execution and Authentication. Each bond shall be executed in the name of the Village by the manual or authorized facsimile signature of its Village President and the corporate seal of the Village, or a facsimile thereof, shall be thereunto affixed or otherwise reproduced thereon and attested by the manual or authorized facsimile signature of its Village Clerk. In case any officer whose signature, or a facsimile of whose signature, shall appear on any bond shall cease to hold such office before the issuance of the bond, such bond shall nevertheless be valid and sufficient for all purposes, the same as if the person whose signature, or a facsimile thereof, appears on such bond had not ceased to hold such office. Any bond may be signed, sealed or attested on behalf of the Village by any person who, on the date of such act, shall hold the proper office, notwithstanding that at the date of such bond such person may not have held such office. No recourse 2 shall be had for the payment of any bonds against any officer who executes the bonds. Each bond shall bear thereon a certificate of authentication executed manually by the bond registrar. No bond shall be entitled to any right or benefit under this ordinance or shall be valid or obligatory of any purpose until such certificate of authentication shall have been duly executed by the bond registrar. Section 5. Transfer, Exchange and Registry. The bonds shall be negotiable, subject to the provisions for registration of transfer contained herein. Each bond shall be transferable only upon the registration books maintained by the Village for that purpose at the office of the bond registrar, by the registered owner thereof in person or by his attorney duly authorized in writing, upon surrender thereof together with a written instrument of transfer satisfactory to the bond registrar and duly executed by the registered owner or his duly authorized attorney. Upon the surrender for transfer of any such bond, the Village shall execute and the bond registrar shall authenticate and deliver a new bond or bonds registered in the name of the transferee, of the same aggregate principal amount, maturity and interest rate as the surrendered bond. Bonds, upon surrender thereof at the office of the bond registrar, with a written instrument satisfactory to the bond registrar, duly executed by the registered owner or his attorney duly authorized in writing, may be exchanged for an equal aggregate principal amount of bonds of the same maturity and interest rate and of the denominations of $5,000 or any integral multiple thereof. For every such exchange or registration of transfer of bonds, the Village or the bond registrar may make a charge sufficient for the reimbursement of any tax, fee or other governmental charge required to be paid with respect to such exchange or transfer, which sum or sums shall be paid by the person requesting such exchange or transfer as a condition precedent to the exercise of the privilege of making such exchange or transfer. No other charge shall be made for the privilege of making such transfer or exchange. The provisions of the Illinois Bond Replacement Act shall govern the replacement of lost, destroyed or defaced bonds. The Village and the bond registrar may deem and treat the person in whose name any bond shall be registered upon the registration books as the absolute owner of such 3 bond, whether such bond shall be overdue or not, for the purpose of receiving payment of, or on account of, the principal or interest thereon and for all other purposes whatsoever, and all such payments so made to any such registered owner or upon his order shall be valid and effectual to satisfy and discharge the liability upon such bond to the extent of the sum or sums so paid, and neither the Village nor the bond registrar shall be affected by any notice to the contrary. Section 6. General Obligations. The full faith and credit of the Village are hereby irrevocably pledged to the punctual payment of the principal of and interest on the bonds. The bonds shall be direct and general obligations of the Village, and the Village shall be obligated to levy ad valorem taxes upon all the taxable property in the Village for the payment of the bonds and the interest thereon, without limitation as to rate or amount. Section 7. Form of Bonds. The bonds shall be issued as fully registered bonds and shall be in substantially the following form, the blanks to be appropriately completed when the bonds are printed: 4 No. United States of America State of Illinois Counties of Cook, DuPage and Will VILLAGE OF LEMONT GENERAL OBLIGATION REFUNDING BOND, SERIES 1996 INTEREST RATE MATURITY DATE DATED DATE 4.25% December 1, 1997 November 15, 1996 REGISTERED OWNER: First National Bank of Chicago PRINCIPAL AMOUNT: $139,520 The VILLAGE OF LEMONT, a municipal corporation of the State of Illinois, acknowledges itself indebted and for value received hereby promises to pay to the registered owner of this bond, or registered assigns, the principal amount specified above on the maturity date specified above, and to pay interest on such principal amount from the date hereof at the interest rate per annum specified above, computed on the basis of a 360 day year consisting of twelve 30 day months and payable at maturity. This bond, as to principal and interest when due, will be payable in lawful money of the United States of America upon presentation and surrender of this bond at the office of First National Bank of Chicago, 1200 South State Street Lemont, Illinois, as bond registrar, or its successor (the "Bond Registrar "). The full faith and credit of the Village are irrevocably pledged for the punctual payment of the principal of and interest on this bond according to its terms. This bond is one of a series of bonds issued in the aggregate principal amount of $139,520, which are authorized and issued under and pursuant to Section 8 -5 -16 of the Illinois Municipal Code and the Local Government Debt Reform Act and under and 5 in accordance with an ordinance adopted by the President and Board of Trustees of the Village on November 11, 1996 and entitled: "Ordinance Authorizing the Issuance of $139,520 General Obligation Refunding Bonds, Series 1996, of the Village of Lemont, Illinois." This bond is transferable only upon such registration books by the registered owner hereof in person, or by his attorney duly authorized in writing, upon surrender hereof at the office of the Bond Registrar together with a written instrument of transfer satisfactory to the Bond Registrar duly executed by the registered owner or by his duly authorized attorney, and thereupon a new registered bond or bonds, in the authorized denominations of $5,000 or any integral multiple thereof and of the same aggregate principal amount, maturity and interest rate as this bond shall be issued to the transferee in exchange therefor. In like manner, this bond may be exchanged for an equal aggregate principal amount of bonds of the same maturity and interest rate and of any of such authorized denominations. The Village or the Bond Registrar may make a charge sufficient for the reimbursement of any tax, fee or other governmental charge required to be paid with respect to the transfer or exchange of this bond. No other charge shall be made for the privilege of making such transfer or exchange. The Village and the Bond Registrar may treat and consider the person in whose name this bond is registered as the absolute owner hereof for the purpose of receiving payment of, or on account of, the principal and interest due hereon and for all other purposes whatsoever. This bond shall not be valid or become obligatory for any purpose until the certificate of authentication hereon shall have been duly executed by the Bond Registrar. It is hereby certified, recited and declared that all acts, conditions and things required to be done, exist and be performed precedent to and in the issuance of this bond in order to make it a legal, valid and binding obligation of the Village have been done, exist and have been performed in regular and due time, form and manner as required by law, and that the series of bonds of which this bond is one, together with all other indebtedness of the Village, is within every debt or other limit prescribed by law. 6 IN WITNESS WHEREOF, the Village of Lemont has caused this bond to be executed in its name and on its behalf by the manual or facsimile signature of its Village President, and its corporate seal, or a facsimile thereof, to be hereunto affixed or otherwise reproduced hereon and attested by the manual or facsimile signature of its Village Clerk. Dated: November 15, 1996 CERTIFICATE OF AUTHENTICATION This bond is one of the General Obligation Refunding Bonds, Series 1996, described in the within - mentioned Ordinance First National Bank of Chicago As Bond Registrar By: Authorizh'd Signer 7 Attest: illage Clerk ASSIGNMENT For value received the undersigned sells, assigns and transfers unto the within bond and hereby irrevocably constitutes and appoints as attorney to transfer the said bond on the books kept for registration thereof, with full power of substitution in the premises. Dated: Signature Guarantee: 8 Section 8. Levy and Extension of Taxes. For the purpose of providing the money required to pay the interest on the bonds when and as the same falls due and to pay and discharge the principal thereof as the same shall mature, there is hereby levied upon all the taxable property in the Village, in the 1996, tax levy year, a direct annual tax sufficient to produce for that purpose, in addition to all other taxes, the sum of $145,714. Interest or principal coming due any time when there shall be insufficient funds on hand to pay the same shall be paid promptly when due from current funds on hand in advance of the collection of the taxes herein levied; and when said taxes shall have been collected, reimbursement shall be made to the said funds in the amounts thus advance. As soon as this ordinance becomes effective, a copy thereof certified by the Village Clerk, which certificate shall recite that this ordinance has been duly adopted, shall be filed with the County Clerk of Cook County, Illinois, the County Clerk of DuPage County, Illinois and the County Clerk of Will County, Illinois, who are each hereby directed to ascertain the rate per cent required to produce the aggregate tax hereinbefore provided to be levied in the year 1996, and •to extend the same for collection on the tax books in connection with other taxes levied in said year, in and by the Village for general corporate purposes of the Village, and in said year such annual tax shall be levied and collected in like manner as taxes for general corporate purposes for said year are levied and collected and, when collected, such taxes shall be used for the purpose of paying the principal of and interest on the bonds herein authorized as the same become due and payable. Section 9. Debt Service Fund. Moneys derived from taxes herein levied are appropriated and set aside for the purpose of paying principal of and interest on the bonds when and as the same come due. All of such moneys, and all other moneys to be used for the payment of the principal of and interest on the bonds, shall be deposited 9 in the "1996 Debt Service Fund ", which is hereby established as a special fund of the Village and shall be administered as a bona fide debt service fund under the Internal Revenue Code of 1986. All accrued interest received upon the issuance of the bonds shall be deposited in the 1996 Debt Service Fund. Section 10. Bond Proceeds Fund. All of the proceeds of sale of the bonds (exclusive of accrued interest) shall be deposited in the "1996 Bond Proceeds Fund ", which is hereby established as a special fund of the Villge. Moneys in the 1996 Bond Proceeds Fund shall be used for the purposed specified in Section 1 of this ordinance and for the payment of costs of issuance of the bonds, but may hereafter be reappropriated and used for other purposes if such reappropriation is permitted under Illinois law and will not adversely affect the exclusion from gross income for federal income tax purposes of interest on the bonds. Section 11. Investment Regulations. No investment shall be made of any moneys in the 1996 Debt Service Fund or the 1996 Bond Proceeds Fund except in accordance with the tax covenants set forth in Section 12 of this ordinance. All income derived from such investments in respect of moneys or securities in any Fund shall be credited in each case to the Fund in which such moneys or securities are held. Any moneys in any Fund that are subject to investment yield restrictions may be invested in United States Treasury Securities, State and Local Government Series, pursuant to the regulations of the United States Treasury Department, Bureau of Public Debt, or in any tax- exempt bond that is not an "investment property" within the meaning of Section 148(b)(2) of the Internal Revenue Code of 1986. The Village Treasurer and agents designated by him are hereby authorized to submit, on behalf of the Village, subscriptions for such United States Treasury Securities and to request redemption of such United States Treasury Securities. Section 12. Tax Covenants. The Village shall not take, or omit to take, any action lawful and within its power to take, which action or omission would cause interest on any bond to become subject to federal income taxes in addition to federal income taxes to which interest on such bond is subject on the date of original issuance thereof. The Village shall not permit any of the proceeds of the bonds, or any facilities 10 financed with such proceeds, to be used in any manner that would cause any bond to constitute a "private activity bond" within the meaning of Section 141 of the Internal Revenue Code of 1986. The Village shall not permit any of the proceeds of the bonds or other moneys to be invested in any manner that would cause any bond to constitute an "arbitrage bond' within the meaning of Section 148 of the Internal Revenue Code of 1986 or a "hedge bond" within the meaning of Section 149(g) of the Internal Revenue Code of 1986. The Village shall comply with the provisions of Section 148(0 of the Internal Revenue Code of 1986 relating to the rebate of certain investment earnings at periodic intervals to the United States of America. Section 13. Bank Qualified Designation. The Village hereby designates the bonds a "qualified tax- exempt obligations" as defined in Section 265(b)(3)(B) of the Internal Revenue Code of 1986. The Village represents that the reasonably anticipated amount of tax- exempt obligations that are required to be taken into account for the purpose of Section 265(b)(3)(C) of the Code and will be issued by or on behalf of the Village and all subordinate entities of the Village during 1996 does not exceed $10,000,000. The Village covenants that it will not designate and issue more than $10,000,000 aggregate principal amount of tax- exempt obligations in the year in which the bonds are issued. For purposes of the two preceding sentences, the term "tax - exempt obligations" includes "qualified 501(c)(3) bonds" (as defined in the Section 145 of the Internal Revenue Code of 1986) but does not include other "private activity bonds" (as defined in Section 141 of the Internal Revenue Code of 1986). Section 14. Bond Registrar. The Village covenants that it shall at all times retain a bond registrar with respect to the bonds, that it will maintain at the designated office of such bond registrar a place where bonds may be presented for payment and registration of transfer or exchange and that it shall require that the bond registrar maintain proper registration books and perform the other duties and obligations imposed upon the bond registrar by this ordinance in a manner consistent with the standards, 11 customs and practices of the municipal securities business. The bond registrar shall signify its acceptance of the duties and obligations imposed upon it by this ordinance by executing the certificate of authentication on any bond,and by such execution the bond registrar shall be deemed to have accepted such duties and obligations not only with respect to the bond so authenticated but with respect to all the bonds. The bond registrar is the agent of the Village and shall not be liable in connection with the performance of its duties except for its own negligence or default. The bond registrar shall, however, be responsible for any representation in the certificate of authentication on the bonds. Section 15. Defeasance and Payment of Bonds. (A) If the Village shall pay or cause to be paid to the registered owners of the bonds, the principal and interest due or to become due thereon, at the times and in the manner stipulated therein and in this ordinance, then the pledge of taxes, securities and funds hereby pledged and the covenants, agreements and other obligations of the Village to the registered owners and the beneficial owners of the bonds shall be discharged and satisfied. (B) Any bonds, whether at or prior to the maturity of such bonds, shall be deemed to have been paid within the meaning of this Section if there shall have been deposited in trust with a bank, trust company or national banking association acting as fiduciary for such purpose either (i) moneys in an amount which shall be sufficient, or (ii) "Federal Obligations" as defined in paragraph (C) of this Section, the principal of and the interest on which when due will provide moneys which, together with any moneys on deposit with such fiduciary at the same time for such purpose, shall be sufficient, to pay when due the principal of and interest due and to become due on said bonds on and prior to the maturity date thereof. (C) As used in this Section, the term "Federal Obligations" means (i) non - callable,direct obligations of the United States of America, (ii) non - callable and non - prepayable, direct obligations of any agency of the United States of America, which are unconditionally guaranteed by the United States of America as to full and timely payment 12 of principal and interest, (iii) non - callable, non - prepayable coupons or interest installments from the securities described in clause (i) or clause (ii) of this paragraph, which are stripped pursuant to programs of the Department of the Treasury of the United States of America, or (iv) coupons or interest installments stripped from bonds of the Resolution Funding Corporation. Section 16. Ordinance to Constitute a Contract. The provisions of this ordinance shall constitute a contract between the Village and the registered owners of the bonds. Any pledge made in this ordinance and the provisions, covenants and agreements herein set forth to be performed by or on behalf of the Village shall be for the equal benefit, protection and security of the owners of any and all of the bonds. All of the bonds, regardless of the time or times of their issuance, shall be of equal rank without preference, priority or distinction of any of the bonds over any other thereof except as expressly provided in or pursuant to this ordinance. This ordinance shall constitute full authority for the issuance of the bonds and to the extent that the provisions o this ordinance conflict with the provisions of any other ordinance or resolution of the Village, the provisions of this ordinance shall control. If any section, paragraph or provision of this ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this ordinance. Section 17. Publication. The Village Clerk is hereby authorized and directed to publish this ordinance in pamphlet form and to file copies thereof for public inspection in her office. 13 Section 18. Effective Date. This ordinance shall become effective upon its passage, approval and publication in pamphlet form in the manner provided by law. Adopted this 11th day of November , by roll call vote as follows: Ayes: (' Nays: 0 Published in pamphlet form: (SEAL) Attest: i1-R -It, Village Clerk Approved: itr/ Village 'resident Pro -Tem 14 CERTIFICATE I, Charlene Smollen, Village Clerk of the Village of Lemont, Illinois, hereby certify that the foregoing ordinance entitled: "Ordinance Authorizing the issuance of $139,520 General Obligation Refunding Bonds, Series 1996, of the Village of Lemont, Illinois." is a true copy of an original ordinance that was duly adopted by the recorded affirmative votes of a majority of the members of the President and Board of Trustees of the Village at a meeting thereof that was duly called and held at 7:30 p.m. on November 11, and thereafter published in pamphlet form on November 11, 1996 and recorded in the Ordinance Book of the Village and that it is a correct transcript thereof and of the whole of said ordinance, and that said ordinance has not been altered, amended, repealed or revoked, but is in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Village this 11th day of November , 1996. (SEAL) 15 Village Clerk FILING CERTIFICATE STATE OF ILLINOIS ) SS COUNTY OF WILL I, Jan Gould , County Clerk of Will County, Illinois, do hereby certify that Q' on the 74-) ' day of , 1996, there was filed in my office Ordinance No. Ti 3 of the Village of Lemont, Illinois, entitled: ORDINANCE AUTHORIZING THE ISSUANCE OF $139,520 GENERAL OBLIGATION REFUNDING BONDS, SERIES 1996, OF THE VILLAGE OF LEMONT, ILLINOIS which ordinance levies taxes in the Village of Lemont for the purpose of paying principal of and interest on the General Obligation Refunding Bonds, Series 1996, of the Village, described in said ordinance. WITNESS my official signature and the seal of Will County, this 30 of 4-A , 1996. (SEAL) day CL 'r' K OF WILL COUN , ILLINOIS FILING CERTIFICATE STATE OF ILLINOIS ) SS COUNTY OF COOK I, David D. Orr , County Clerk of Cook County, Illinois, do hereby certify that on the ,0/41 day of 12€C €41 her , 1996, there was filed in my office Ordinance No. /032- of the Village of Lemont, Illinois, entitled: ORDINANCE AUTHORIZING THE ISSUANCE OF $139,520 GENERAL OBLIGATION REFUNDING BONDS, SERIES 1996, OF THE VILLAGE OF LEMONT, ILLINOIS which ordinance levies taxes in the Village of Lemont for the purpose of paying principal of and interest on the General Obligation Refunding Bonds, Series 1996 of the Village, described in said ordinance. WITNESS my official signature and the seal of Cook County, this day of DeeeYV1I9e 1996. Pa„teot J. 624, CLERK OF COOK COUNTY, ILLINOIS (SEAL) FILING CERTIFICATE STATE OF ILLINOIS ) SS COUNTY OF DU PAGE ) I, Gary King , County Clerk of DuPage County, Illinois, do hereby certify that on the 30TH day of DECEMBER , 1996, there was filed in my office Ordinance No. 1032 of the Village of Lemont, Illinois, entitled: ORDINANCE AUTHORIZING THE ISSUANCE OF $139,520 GENERAL OBLIGATION REFUNDING BONDS, SERIES 1996, OF THE VILLAGE OF LEMONT, ILLINOIS which ordinance levies taxes in the Village of Lemont for the purpose of paying principal of and interest on the General Obligation Refunding Bonds, Series 1996, of the Village, described in said ordinance. WITNESS my official signature and the seal of DuPage County, this 30TH DECEMBER , 1996. (SEAL) day CLERK U PAGE OUN LLINOIS SEP 29 '97 09 :36AM ANTONOPOULOS STATE OF ILLINOIS COUNTY OF COOK FILING CERTIFICATE ) SS ) P.19/20 I, d D. Orr County Clerk of Cook County, Illinois, do hereby cerlify that on the day of 2ectithibte , 1996, there was filed, in my office Ordinance No. /02, of the Village of Lemont, Illinois, entitled: ORDINANCE AUTHORIZING THE ISSUANCE OF $139,520 GENERAL OBLIGATION RE 'UNDI INCB7 ANDS, SERIES 1996, OF THE VILLAGE OF LEMOls T, ILLINOIS ordinance levies taxes in the Village of Lemont for the purpose of paying principal of and interest on the General Obligation Refunding Bonds, Series 1996 of the Village, described in said ordinance. S my official signature and the seal of Cook County, this day WXTNES y � of 1)€rI1 1996. (SEAL) /la 4) &IL CLERK OF COOK COUNTY, ILLINOXS SEP 29 '97 09:37AM ANTONOPOULOS FILING CERTIFICATE STATE OF ILLINOIS ) ) SS COUNTY OF DU PAGE ) P.20/20 I, _Gm, Kind County Clerk of DuPage County, Illinois, do hereby certify that on the O7H ay of DECEMBER 1996, there was filed in my office Ordinance No. 1032 of the Village of Lemont, Illinois, entitled: ORDINANCE AUTHORIZING THE ISSUANCE OF $139,520 GENERAL OBLIGATION REFUNDING BONDS, SERIES 1996, OF TIE VILLAGE OF LEMONT, ILLINOIS which ordinance levies taxes in the Village of Lemont for the purpose of paying principal of and interest on the General Obligation Refunding Bonds,; Series 1996, of the Village, descn'bed in said ordinance. WITNESS my official signature and the seal of DuPage County, this 30TR of DECEMBER .1996. (SEAL) day CLERK DU PAGE OUN ILLINOIS