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HomeMy WebLinkAboutRes 34-10 10/19/2010 RESOLUTION NO. 34 -10 A RESOLUTION AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT WITH THE MOUNT PROSPECT PUBLIC LIBRARY FOR A LINE OF CREDIT WHEREAS, the Village of Mount Prospect, a home rule municipal corporation, and the Mount Prospect Public Library, an Illinois Village Public Library, are "public agencies" as defined in the Intergovernmental Cooperative Act, 5 ILCS 220/1 et seq.; and WHEREAS, Article VII, Section 10 of the Illinois Constitution of 1970 and the Intergovernmental Cooperative Act, 5 ILCS 220/1 et seq., authorize public agencies to contract or otherwise associate among themselves to obtain or share services, and to exercise, combine or transfer any power or function, in any manner not prohibited by law; and WHEREAS, the Mount Prospect Public Library is dependent upon the proceeds of the real estate tax levy for the funding of day -to -day operations; and WHEREAS, due to an expected delay in the collection of its 2009 tax levy the Mount Prospect Public Library will not receive the second tax installment until later in the winter; and WHEREAS, the Mount Prospect Public Library will be facing insufficient funds this fall and winter to meet payroll and the payment of bills; and WHEREAS, the Board of Library Trustees of the Mount Prospect Public Library have requested the Village of Mount Prospect to provide a line of credit to assist it in meeting its payroll and payment of bills until sufficient tax revenues have been received from Cook County; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have determined that it is in the best interests of the residents of the Village to assure that the Mount Prospect Public Library experiences no Toss of revenue for the providing of its services. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS, PURSUANT TO ITS HOME RULE POWERS: SECTION ONE: A line of credit, not to exceed $700,000 (the "Line of Credit "), shall be established by the Village of Mount Prospect for the operation of the Mount Prospect Public Library for the purpose of protecting the Village's residents against the loss of library services due to a cash shortfall. 258892_1 SECTION TWO: The terms of the Line of Credit shall be as set forth in the Agreement for Line of Credit (the "Agreement "), attached hereto and incorporated herein as "Exhibit A ". SECTION THREE: The President and Village Clerk are hereby authorized to execute the Agreement for and on behalf of the Village. SECTION FOUR: The Line of Credit shall be immediately available upon execution of the Agreement by the Village of Mount Prospect and the Board of Library Trustees of the Mount Prospect Public Library. SECTION FIVE: This Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. AYES: Hoefert, Juracek, Korn, Matuszak, Polit, Zadel NAYS: None ABSENT: None PASSED and APPROVED this 19 day of October, 2010. 258892_1 EXHIBIT A AGREEMENT FOR LINE OF CREDIT Credit Limit: $700,000.00 Mount Prospect, Illinois Lender: The Village of Mount Prospect, an Illinois municipal corporation Borrower: The Mount Prospect Public Library, an Illinois Village Public Library In consideration of the mutual promises contained herein, the Village of Mount Prospect (hereinafter "Lender") agrees to extend to the Mount Prospect Public Library (hereinafter "Borrower ") a Line of Credit in the amount of SEVEN HUNDRED THOUSAND DOLLARS and 00/100 ($700,000.00), pursuant to Resolutions adopted by their respective Boards of Trustees. Beginning on the effective date of this Agreement, which shall be the date last signed by the Lender and Borrower, and continuing until January 31, 2011, Borrower shall be entitled to draw upon the Line of Credit from time to time, by submitting to Lender one or more written Demands, each signed by the designee of the Borrower. Each Demand shall state the amount requested to be paid by Lender to Borrower. Subject to the terms of this Agreement, upon receipt of such Demand, Lender shall pay the amount to Borrower or to Borrower's order, within three (3) business days. During the term of this Line of Credit, Borrower may from time to time make payments to Lender in order to decrease its indebtedness to Lender under this Line of Credit, and thereby increase its available credit. Borrower's repayment to Lender of amounts borrowed on this Line of Credit shall commence no later than seven (7) days after Borrower's initial receipt of funds from Cook County for the second installment 2009 real estate taxes, subject to Borrower's repayment in full of all amounts borrowed on this Line of Credit no later than January 31, 2011 (the "Default Date "). If all amounts due are repaid on or before the Default Date, no interest shall be due. All amounts borrowed on this Line of Credit, which are not paid in full by the Default Date, shall bear interest at the agreed rate of one percent (1.0 %) per year from the date on which the first draw was made on the Line of Credit. Final payment of all principal and interest shall be paid to the Lender no later than one (1) year after the Default Date. DATED: 41€4., /5 /f DATED: G' d °I/ o` / 258892_1