HomeMy WebLinkAboutOrd 5232 02/05/2002ORDINANCE NO. 5232
AN ORDINANCE RESERVING VOLUME CAP IN CONNECTION WITH
PRIVATE ACTIVITY BOND ISSUES AND RELATED MATTERS
Passed and approved by
the President and Board of Trustees
the 5th day of February, 2002
Published in pamphlet form by
authority of the corporate
authorities of the Village of
Mount Prospect, Illinois, the
6th day of February, 2002
ORDINANCE NO. 5 2 3 2
AN ORDINANCE RESERVING VOLUM~ CAP IN CONNECTION WITH
PRIVATE ACTIVITY BOND ISSUES, AND RELATED MATTERS.
WHEREAS, the Village of Mount Prospect, Cook County, Illinois (the "Municipality'), is
a municipality and a home role unit of government under Section 6 of Article VI/of the 1970
Constitution of the State of Illinois; and
WHEREAS, Section 146 of the Internal Revenue Code of 1986, as amended (the "Code"),
provides that the Municipality has volume cap equal to $75.00 per resident of the Municipality in
each calendar year, which volume cap may be reserved and allocated to certain tax-exempt
private activity bonds; and
WHEREAS, the Illinois Private Activity Bond Allocation Act, 30 Illinois Compiled
Statutes 1998, 345/1 et seq., as supplemented and amended (the "Act"), provides that a home
role unit of government may transfer its allocation of volume cap to any other home role unit of
government, the State of Illinois or any agency thereof or any non-home role unit of government;
and
WHEREAS, it is now deemed necessary and desirable by the Municipality to reserve all of
its volume cap allocation for calendar year 2002 to be applied toward the issuance of private
activity bonds (the "Bonds "), as provided in this Ordinance, or to be transferred, as permitted by
this Ordinance;
NOW, THEREFORE, Be It Ordained by the President and Board of Trustees of the Village
of Mount Prospect, Cook County, Illinois, as follows:
SECTION I. That, pursuant to Section 146 of the Code and the Act, all of the volume cap
of the Municipality for calendar year 2002 is hereby reserved by the Municipality, which shall
use or transfer such volume cap in such manner as shall be directed by Stem Brothers & Co.,
without any further action required on the part of the Municipality, and the adoption of this
Ordinance shall be deemed to be an allocation of such volume cap to the issuance of the Bonds
or such other bonds; provided, that any such transfer shall be evidenced by a written instrument
executed by the President or any other proper officer or employee of the Municipality; provided
further, that, upon the adoption of this ordinance, there shall be paid to the Municipality a fee by
the obligor of the bonds of two percent (2.00%) of the volume cap so reserved.
SECTION 2. That the Municipality shall maintain a written record of this Ordinance in its
records during the term that the Bonds or any other such bonds to which such volume cap is
allocated remain outstanding.
SECTION $. That the President, the Village Clerk and all other proper officers, officials,
agents and employees of the Municipality are hereby authorized, empowered and directed to do
all such acts and things and to execute all such documents and certificates as may be necessary to
further the proposes and intent of this Ordinance.
SECTION 4. That the provisions of this Ordinance are hereby declared to be separable,
and if any section, phrase or provision of this Ordinance shall for any mason be declared to be
invalid, such declaration shall not affect the remainder of the sections, phrases and provisions of
this Ordinance.
SECTION5. That all ordinances, resolutions or orders, or parts thereof, in conflict
herewith are, to the extent of such conflict, hereby superseded; and that this Ordinance shall be in
full force and effect upon its adoption and approval.
Presented, passed, approved and recorded this~5 thday of February, 2002.
[SEmi
ATTEST: //~, .
Approved:
Ayes: Corcoran, Hoefert, Lohrstorfer, Skowron, Wilks, Zadel
Nays: None
Absent or Not Voting: Farley
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