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HomeMy WebLinkAboutRes 22-99 05/04/1999 RESOLUTION NO. 22 - 99 A RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF A FIRST AMENDED AND RESTATED DECLARATION OF TRUST WITH THE ILLINOIS METROPOLITAN INVESTMENT FUND WHEREAS, the Village of Mount Prospect, Illinois (the "Village"), desires to participate in the joint investment of certain of its funds in accordance with the Constitution and laws of the State ofnlinois (the "State'S; and W~.REAS, Section 10 of Article VII of the Constitution of the State provides that the State shall encourage intergovernmental cooperation and use its technical and financial resources to assist intergovernmental activities among its units of local government; and WI~EREAS, the Intergovernmental Cooperation Act, as amended, provides a statutory fi'amework that supplements the constitutional grant of intergovernmental cooperation powers found in said Section 10 of Article VII; and WHEREAS, Section 5 of the Intergovernmental Cooperation Act, as amended, provides that any one or more municipalities may contract with any one or more other municipalities to perform any governmental service, activity or undertaking which any of the municipalities entering into the contract is authorized by law to perform, provided that such contract shall be authorized by the corporate authorities of each party of the contract; and WHEREAS, such contract shall set forth fully the purposes, powers, rights, objectives and responsibilities of the contracting parties; and WI~.REAS, Section 1-I-5 of the Illinois Municipal Code, as amended (the "Municipal Code"), provides among other things, that the corporate authorities of each municipality may exercise jointly, with one or more other municipal corporafions or governmental subdivisions or districts, all of the powers set forth in the Municipal Code; and WI~EREAS, Section 3.1-35-50 of the Municipal Code provides, among other things, that each municipal treasurer is permitted to .join with other municipal treasurers or municipalities for the purpose of investing the municipal funds of which the treasurer has custody; and WI~EREAS, treasurers of certain Illinois municipalities have established the Illinois Metropolitan Investment Fund (the "Fund"), with the assistance of the five metropolitan Chicago Coundfls of Government, for the purpose of combining their respective available investment funds so as to enhance the investment opportunities available to them and increase the investment earnings accruing to the benefit of the respective municipalities on behalf of which they act; and WHEREAS, the Fund's assets can only be invested in instruments authorized by the Public Funds Investment Act, as mended, and WHEREAS, pursuant to a Declaration of Trust, dated as of September 1, 1995 (the "Original Declaration ") certain municipal treasurers (known as "Participants") entered into an agreement establishing an entity for joint investment for the purpose of combining their respective available investment funds so as to enhance the investment opportunities available to them and increase the investment earnings accruing to the benefit of the respective municipalities on behalf of which they acted, pursuant to the aforementioned constitutional and statutory authority; and WHEREAS, the Original Declaration was amended and restated by adoption of that certain First Amended and Restated Declaration of Trust, dated as of July 1, 1996 (the Original Declaration, as amended by the Amended and Restated Declaration of Trust, hereinafter referred to as the "Declaration of Trust"). WffF, REAS, no municipal treasurer shall become a Participant in the Fund unless and until such officer has adopted the Declaration of Trust and identified the municipality with respect to the funds of which he is acting; and WI~,REAS, the corporate authorities of each Participant's municipality must also authorize the Declaration of Trust; and WHEREAS, the Village of Mount Prospect (the "Village") deems it necessary and in the best interests of the Village to participate in the Fund by having the Village become a Participant; and NOW, THEREFORE BE IT ORDAINED BY ~ VILLAGE OF MOUNT PROSPECT, ILLINOIS, IN THE EXERCISE OF ITS POWERS, AS FOLLOWS: Section 1. The preambles to this Resolution are hereby found and determined to be tree, correct and complete and are hereby incorporated into the text of this Resolution by this reference as set out herein at length. Section 2. The First Amended and Restated Declaration of Trust is attached hereto and by this reference incorporated herein and made a part hereof, is hereby adopted, and the Village, is hereby authorized to become an additional Participant of the Fund. Section 3. The President and Village Clerk and other officers or employees of the Village are hereby empowered and directed to execute and deliver all documents, certificates and other instruments necessary to further the intent and purpose of this Resolution. 2 Section 4. All ordinances, resolutions or motions in conflict herewith be and the same are hereby superseded to the extent of such conflict, and that this Resolution shall be in full force and effect forthwith upon its adoption. PASSED this 4 thday of May ,1999 AYES: Corcoran. Hoefert: Lohr~o~r: Notch,: .~mww~n~ Wilks NAYS: None ABSENT: None APPROVED this 4th dayof May ,1999. ATTEST: ACCEPTANCE AND APPROVAL OF FIRST AMENDED AND RESTATED DECLARATION OF TRUST DATED AS OF JULY 1, 1996 The undersigned, having been authorized by Resolution Number 2 2- 9 9, adopted by the Village of Mount Prospect, Illinois, on the 6 th day of l~lay ,1999, to become an additional Participant of the Illinois Metropolitan Investment Fund (the "Fund"), hereby approves and accepts the First Amended and Restated Declaration of Trust, dated as of July l, 1996 and agrees to be bound by its terms with respect to the Fund. Attest: (Village Seal) Dated this-..~¢day of ~ ,1999 4