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HomeMy WebLinkAboutOrd 3121 06/02/1981 RDINANCE NO. 3121 AN ORDINANCE PROVIDING FOR THE ISSUANCE OF A GENERAL OBLIGATION NOTE OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS AND PROVIDING FOR LEVYING AND COLLECTING A DIRECT ANNUAL TAX TO PAY THE PRINCIPAL OF SAID NOTE AND THE INTEREST THEREON WHEREAS, the provisions of "AN ACT to authorize units of govern- ment of the State of Illinois' to issue full faith and credit tax anticipation notes," effective October 1, 19%2, as amended, author- izes any Village to issue from time to time general obligation notes in an amount not to exceed eighty-five per cent of the taxes levied for a specific purpose for the year during which said notes are issued, provided, that there are no tax anticipation warrants outstanding against the specific taxes levied for said purpose for said year; and WHEREAS, it is necessary for the Village of Mount Prospect to issue its note to provide funds in the Treasury of said Village for ordinary and necessary expenditures, to be issued in the amount of $200,000 for public library purposes which said amount does not exceed eighty-five per cent of the taxes levied by the Village for said purpose for the year 1981 and no tax anticipation warrants have been issued against said taxes: NOW THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS, AS FOLLOWS: SECTION ONE: A corporate note of the Village of Mount Prospect shall be issued to provide funds in the Treasury of said Village for ordinary and necessary expenditures, said note to be dated the /~ day of ~'~z , 1981 and to become due on the 1st day of November 1982, to be issued in the amount, to be numbered and to be of the denomination as follows: $200,000 General Obligation Library Fund Note: Number Denomination 1 $200,000 Said note shall bear interest at the rate of ~u~ (%~ %) per cent per annum, which shall be payable on May 1, 1982 and at maturity. The interest payments shall be evidenced by a proper interest coupons attached to such note, and said interest s~all be payable only upon presentation and surrender of the interest coupons thereto attached as they severally become due. Both principal of and interest on said note shall be payable in lawful money of the United · States of America at the Village of Mount Prospect. The corporate seal of the Village of Mount Prospect shall be affixed to said note and said note shall be signed by the ~~-J/~A~ and attested by %he Village Clerk, and the interest cOupons shall be similarly signed by said Village Clerk. SECTION TWO: Said note shall pass by delivery, unless registered, and any note may be registered as to principal in the name of the owner on the registry books of the Village Treasurer, such registration being noted on the back of each note so registered, after which registration only such registered owner, or the legal representative of such owner, shall be entitled to receive the principal thereof, and after such registration no transfer thereof shall be valid unless noted on such registry books and similarly noted on the back of the note, unless the last registration is to bearer, after which it shall be transferable by delivery, but may again be registered as before. Such registration, however, shall not affect the negotiability of the interest coupons by delivery merely. SECTION THREE: Such note and the interest coupons and the form of registration shall be in substantially the following form (with appropriate information inserted in the blank spaces): -2- umber 1 $200,000.00 UNITED STATES OF AMERICA STATE OF ILLINOIS, COUNTY OF COOK VILLAGE OF MOUNT PROSPECT GENERAL OBLIGATION LIBRARY'FUND NOTE KNOW ALL MEN BY THESE PRESENTS,-that the Viltag~ of Mount Prospect, Cook County, Illinois, hereby acknowledges itself to owe and for value received hereby promises to pay to bearer, or if this note be registered as to principal then to the registered owner hereof, the sum of Two Hundred Thousand and no/100ths Dollars ($200,000.00) on the first day of November, 1982, with interest thereon from the date hereof until paid at the rate of ~l~zA~per cent · (~.f%) per annum, payable May 1, 1982 and at maturity. Interest due on or prior to maturity shall be payable only upon presentation and surrender of the attached interest coupons as they severally become due. Both principal hereof and interest hereon are hereby made payable in lawful money of the United States of America at the Village of Mount Prospect. --~ For the prompt payment of this note, both principal and interest, as the san~e become due, and for the levy of taxes sufficient there- for, the full faith, credit and resources of the Village of Mount Prospect are hereby irrevocably pledged. This note is issued in the principal amount of Two Hundred Thousand and no/100ths Dollars ($200,000.00) and is issued under the authority of the provisions of "AN ACT to authorize units of govern- ment of the State of Illinois to issue full faith and credit tax anticipation notes, "effective October 1, 1972, and all laws amendatory thereof and supplemental thereof, to provide funds for ordinary and necessary expenditures for public library purposes, and is authorized by an ordinance adopted by the President and Board of Trustees of the Village of Mount Prospect on the ~ day of ~--~-~.~ , 1981. This note is subject to registration as to principal in the name of the owner on the registry books of the Village Treasurer such -3- egistration to be evidenced by notation of said Treasurer on the back hereof, and after such registration no transfer hereof, except when noted upon such books and similarly noted hereon, shall be valid, unless the last registration shall have been to bearer. Registration hereof shall not affect the negotiability of the interest coupon hereto attached, which shall continue negotiable by delivery merely. It is hereby certified and recited that ~11 a6ts, conditions and ~things required by law to exist or to be done precedent to and in the issuance of this note, did exist, have happened, been done and performed in regular and due form and time as required by law, that the total amount of the Library Fund Notes issued for the year 1981, which is comprised of the issue of this note, does not exceed eighty- five per cent. (85%) of the Library Fund taxes levied for the year 1981, that no tax anticipation warrants have been issued against said taxes levied for the year 1981, that the total indebtedness of said Village, including this note, does not exceed any constitutional or statutory limitation, and that provision has been made for the collection of a direct annual tax upon all of the taxable property in the Village of Mount Prospect sufficient to pay the interest hereon and the principal hereof when the same mature. IN WITNESS WHEREOF, the Village of Mount Prospect, Cook County, Illinois, by its Village Board, has caused this note to be signed by its~¢~;~ and attested by its Village Clerk, and the corporate seal of said Village to be affixed hereon, and the interest coupons hereto attached to be executed by the said Village Clerk, all as of the Jf~ . day of ~-~ , 1981. ATTEST: Village Clerk, Village of Mount Prospect, Cook County, Illinois ~T , Village of Mount Prospect, Cook County, Illinois -4- SEAL] (FORM OF COUPON) Number 1 $ On the first day of May, 1982, the Village of Mount Prospect, Cook County, Illinois, promises to pay to bearer Dollars ($ - ) in lawful money of the United States of America at the Village of Mount-Prospect, for interest due that day on its General Obligation Library Fund Note, dated , 1981, Number 1. Village Clerk, Village of Mount Prospect, Cook County, Illinois. DATE OF REGISTRATION (FORM OF REGISTRATION) NAME OF REGISTERED OWNER SIGNATURE OF VILLAGE TREASURER SECTION FOUR: For the purpose of providing the funds required to pay the interest on said note promptly when and as the same fall~ due and to pay and discharge the principal thereof at maturity, there shall be and there is hereby levied upon all of the taxable property in the Village of Mount Prospect, and there shall be collected, the following direct annual tax for the year 1981: For Public Library Fund Note, a tax to produce the sum of $~&.9;&.~7 for interest and principal. SECTION FIVE: A copy of this ordinance, duly certified by the Village Clerk of the Village of Mount Prospect, shall be filed in the office of the county Clerk of Cook County, Illinois, and shall constitute authority for the extension and collection of such taxes for the payment of interest on and principal of said respective note in addition to and in excess of all other taxes levied by said Village. Interest on and principal of said note coming due at any time when there are insufficient funds from the proceeds of the taxes -5- erein levied to pay the same ~hail be paid promptly when due from any available money of the Village in advance of the taxes herein levied, and when said taxes shall have been collected reimbursement shall be made in the amount so advanced. SECTION SIX: The note herein authorized shall be-executed by the officials of the Village of Mount Prospect as hereinabove provided as soon as may be after this ordinance becomes effective, and shall be deposited with the Village Treasurer and ~y said Treasurer shall · be delivered to the purchaser thereof, namely the ~0~ ~-~oCP~T ~T~6 ~ , upon receipt of the purchase price therefor, the same being not less than par plus accrued interest to date of delivery; the contract for the sale of which note heretofore entered into shall be and the same is hereby in all respects ratified and approved. The proceeds of said note shall be used to provide funds for the public library purpose as indicated, and said note shall constitute the first series of note issued for 1981 by said Village for said public library purpose, pursuant to the provisions of "AN ACT to authorize units of government of the State of Illinois to issue full faith and credit tax anticipation notes," effective October 1, 1972, as amended. SECTION SEVEN: The County Clerk of Cook County, Illinois, in computing the tax rate for 1981 for the library fund of the Village of Mount Prospect, is hereby directed to reduce said tax rate by the per cent necessary to produce the amount heretofore levied in SECTION 4 to pay the principal of and interest on the note herein authorized. Accordingly, the taxes levied for the year 1981 by Ordinance No. ~;~ , adopted by the President and Board of Trustees on the /~44~ day of ~ , 1981, a certified copy thereof having been filed with the County Clerk on the 2o~day of ~%~ 1981, shall be abated by the amounts herein levied to pay the -6- rincipal of and interest on ~he note herein authorized, which abatement is itemized as follows: Levy for Principal Levy for Interest Total levied and amount to be abated for 1981 PUBLIC LIBRARY FUND $200,000.00 provided, however, that said tax rate shall not be. reduced beyond the amount necessary to reimburse any money borrowed from the working cash fund. The Village Clerk, not less than thirty (30) days prior to the tax extension date for taxes levied for the year 1981, shall certify to the County Clerk of Cook County, Illinois, the amount of money borrowed from the working cash fund to be reimbursed from the tax levy. SECTION EIGHT: The Village covenants that it will take no action in the investment of the proceeds of sale of said note which would result in making the interest payable on said note subject to Federal income taxes by reason of said note being classified as an "arbitrage bond" within the meaning of Section 103(c) of the Internal Revenue Code of 1954, as amended. SECTION NINE: This ordinance shall take effect and be in force from and after its passage, approval and publication. PASSED this ~o~ day of ~k~u~-~ A.D., 1981. AYES: Arthur Farley Floros Miller Wa~enberg NAYS: None ABSENT: Murauskis APPROVED this ~ day of A.D., 1981. APPROVED: VILLAGE ~?RESIDENT MOUNT PROSPECT, ILLINOIS ATTEST: MOUNT PROSPECT, ILLINOIS -7-