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O-74-73ORDINANCE NO. 0 -74- 73 AN ORDINANCE PROVIDING FOR BORROWING MONEY AND ISSUING BONDS OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, TO THE AMOUNT OF $1,000,000 FOR THE PURPOSE OF PAYING THE COST OF ACQUIRING LAND TO BE DEVELOPED AS A RECREATIONAL CENTER, AND PROVIDING FOR THE LEVY AND COLLECTION OF A DIRECT ANNUAL TAX FOR THE PAYMENT OF THE PRINCIPAL AND INTEREST ON SAID BONDS WHEREAS, the President and Board of Trustees of the Village of Deerfield, Lake and Cook Counties, Illinois, by an ordinance adopted on December 18, 1967, did call a special election to be held in and for said Village of Deerfield on January 13, 1968, for the purpose of submitting to the electors of said Village the following question: "Shall the Village of Deerfield, Lake and Cook Counties Illinois, acquire land described as consisting of approxi- mately 130 acres located west of the Chicago, Milwaukee, St. Paul & Pacific Railroad right -of -way and north of County Line Road, including the real estate commonly known as the Brickyard Property, for a recreational center, and to pay the cost of acquiring said land issue bonds of said Village to the amount of $1,300,000, said bonds bearing interest at the rate of not to exceed six (6%) percent per annum ?" WHEREAS, the President and Board of Trustees of said'Village did cause proper notice of said election to be given by publishing/ notice thereof once on December 20, 1967, n_the Deerfield Rev -iew being a newspaper published in and having a general circulation within said Village, said notice being published not more than thirty (30) days nor les's than fifteen (15) days prior to the date of said election, which said notice as so published did specify the places where such election was to be held, the time of opening and closing the polls, and the question to be voted upon; and WHEREAS, the President and Board of Trustees of said Village by proper proceedings adopted and spread upon its records found that all legal requirements in connection with said election were duly complied with, and that a majority of the electors of said Village voting at said election on said question above referred to voted in favor thereof; and WHEREAS, after extended litigation challenging the statutory authority of the Village to condemn the property described in the propo- sition, the Illinois Supreme Court upheld the validity of the election and sustained the authority of the Village to condemn said property (Village of Deerfield v. Rapka, 54 Ill. 2d 217); and WHEREAS, during the period since the decision of the Supreme Court became final, interest costs have been rising and market conditions have been unfavorable for the sale of said bonds within the maximum interest rate of six percent authorized at the election; and WHEREAS, the purpose of establishing a recreational center can be accomplished by acquiring less than the 130 acres described in the prop- osition, and it now appears to be in the best interests of said Village to authorize the issuance of bonds in the principal amount of $1,000,000; NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, AS FOLLOWS: SECTION That it be and it is found and determined that the President ONE: and Board of Trustees of the Village of Deerfield have been authorized by a majority of the electors of said Village voting on the question at a special election duly called, noticed, held and canvassed for that purpose to issue bonds of said Village in the amount of $1,300,000 for the purpose of paying the cost of acquiring land to be developed as a recreational center for said Village. SECTION That in order to raise the sum of $1,000,000 presently TWO: needed for said purpose, there be borrowed by, for and on behalf of the Village of Deerfield, Lake and Cook Counties, Illinois, the sum of $1,000,000, and to evidence said loan negotiable coupon bonds of said Village be issued. Said bonds shall each be designated "Land Acquisition Bond ", be dated December 1, 1974, be numbered from 1 to 200, inclusive, be of the denomination of $5,000 each, and mature serially on December 1 of the years and in the amounts and bearing interest as follows: Serial Numbers, Principal Year of Rate of Both Inclusive Amount Maturity Interest 1 to 10 $ 50,000 1975 6.00% 11 to 25 75,000 1976 6.00% 26 to 40 75,000 1977 6.00% 41 to 60 100,000 1978 6.00% 61 to 80 100,000 1979 5.90% 81 to 100 100,000 1980 5.40% 101 to 120 100,000 1981 5.40% 121 to 145 125,000 1982 5.50% 146 to 170 125,000 1983 5.60% 171 to 200 150,000 1984 5.70% Interest on said bonds shall be payable on December 1, 1975 and semi- annually thereafter on the first day of June and December in each year, which said interest payments to date of maturity of principal shall be evidenced by proper interest coupons attached to each bond and maturing on the dates herein provided, and both principal and interest shall be payable in lawful money of the United States of America at the First Commercial Bank in the Ste; of Chicag '. T11 i not s• The seal of said Village shall be affixed to each of said bonds and said bonds shall be signed by the President and attested-by the Clerk of said Village, and said coupons shall be signed and attested by said officials, respectively, by their respective facsimile signatures, and said officials, by the execution of said bonds, shall adopt as and for their own proper signatures their respective facsimile signatures appearing on said coupon. SECTION That the bonds hereby authorized shall be payable to THREE: bearer, provided, however, that such bonds may be subject to registration as to principal in the name of the holder on the books of the Treasurer of said Village, such registration to be evidenced by notation of said Treasurer upon the back of such bonds so registered. No bond so registered shall be subject to transfer except upon such books and similarly noted on the back thereof unless the last registration shall have been to bearer. Such registration of any of said bonds shall not,however, affect the negotiability of the coupons attached to said bonds, but such coupons shall continue transferable by delivery merely. SECTION That each of said bonds and the interest coupons to be FOUR: thereto attached shall be in substantially the following form: (Form of Bond) UNITED STATES OF AMERICA STATE OF ILLINOIS COUNTIES OF LAKE AND COOK VILLAGE OF DEERFIELD LAND ACQUISITION BOND Number $5,000 KNOW ALL MEN BY THESE PRESENTS, that the Village of Deerfield, Lake and Cook Counties, Illinois, hereby acknowledges itself to owe and for value received promises to pay to bearer, or if this bond be registered then to the registered holder hereof, the sum of FIVE THOUSAND DOLLARS ($5,000) on the first day of December, 19 , together with interest on said sum from the date hereof until paid at the rate of percent ( %) per annum, payable on December 1, 1975 and semiannually thereafter on the first day of June and December in each year, upon presentation and surrender of the respective interest coupons hereto attached as they severally become due and payable. Both principal and interest are hereby made payable in lawful money of the United States of America at , For the prompt payment of this bond, both principal and interest, as aforesaid, at maturity, and the levy of taxes suffi- cient for that purpose, the full faith, credit and resources of said Village are hereby irrevocably pledged. This bond is issued by said Village for the purpose of paying the cost of acquiring land to be developed as a recreational center, pursuant to and in all respects in compliance with the provisions of the "Illinois Municipal Code ", approved May 29, 1961, and all acts amendatory thereof and supplementary thereto, and is authorized by a majority of the electors of said Village voting upon the question at an election duly called, noticed, held and canvassed for that purpose in said Village, and in compliance with an ordinance duly passed by the President and Board of Trustees of said Village, approved by the President thereof, and published, in all respects as by law required. It is hereby certified and recited that all acts, conditions and things required by the Constitution and Laws of the State of Illinois to exist or to be done precedent to and in the issuance of this bond, did exist, have happened, been done and performed in regular and due form and time as required by law; that the indebted- ness of said Village of Deerfield, represented by this bond and the issue of which it forms a part, and including all other indebtedness ofssaid Village, howsoever evidenced and incurred, does not exceed any constitutional or statutory limitation; and that provision has been made for the collectionoof a direct annual tax, in addition to all other taxes, on all of the taxable property in said Village sufficient to pay the interest hereon as the same falls due and also to pay and discharge the principal hereof at maturity. r' This bond is subject to registration as to principal in the name of the holder on the books of the Village Treasurer, such registration to be evidenced by notation of such Treasurer on the back hereof, and after such registration no transfer hereof, except upon such books and similiarly noted hereon, shall be valid unless the last registration shall have been to bearer. Registration hereby shall not affect the negotiability of the coupons hereto attached, which shall continue negotiable by delivery merely, notwithstanding registration hereof. IN WITNESS WHEREOF, said Village of Deerfield, Lake and Cook Counties, Illinois, by its President and Board of Trustees, has caused ibsscorporate seal to be hereunto affixed, and this bond to be signed by the President ofcasaid Village and attested by its Village Clerk, and the coupons hereto attached to be signed and' and attested by said officials, respectively, by their facsimile signatures, and said officials, by the execution hereof, do adopt as and for their own proper signatures their respective facsimile signatures appearing on said coupons, all as of the first day of December, 1974. President, Board of Trustees Attest: Village Clerk (SEAL) (Form of Coupon) Number S On the first day of , 19 , the Village of Deerfield, Lake and Cook Counties, Illinois, will pay to bearer Dollars ($ ) in lawful money of the United States of America at , for interest due that day on its Land Acquisition Bond, dated December 1, 1974, Number Attest: Village Clerk President, Board of Trustees (Form for Registration as to Principal) Date of Signature of Registration Name of Registered Owner Village Treasurer SECTION That for the purpose of providing the funds required to FIVE: pay the interest on said bonds promptly when and as the same falls due and to pay and discharge the principal there- of at maturity, there be and there is hereby levied upon all of the taxable property within said Village in each year while any of said bonds are outstanding a direct annual tax sufficient for that purpose, and that there be and there is hereby levied on.all the taxable property in said Village, in addition to all other taxes, the following annual tax, to -wit: For the Year A Tax Sufficient to Produce the Sum of 1974 $134,187.50 1975 $126,875.00 1976 $122,375.00 1977 $142,125.00 1978 $136,175.00 1979 $130,525.00 1980 $125,125.00 1981 $143,987.00 1982 $137,050.00 1983 $154,275.00 for interest and principal up to June 1, 1976 for interest and principal for interest and principal for interest and principal for interest and principal for interest and principal for interest and principal for interest and principal for interest and principal for interest and principal Interest or principal coming due at any time when there are insufficient funds on hand to pay the same shall be paid promptly when due from current funds on hand in advancement of the collection of said taxes herein levied, and when said taxes shall have been collected reimbursement shall be made to said funds in the amounts thus advanced. SECTION That forthwith as soon as this ordinance becomes effective, SIX: a copy hereof, certified by the Clerk of said Village, which certificate shall recite that this ordinance has been passed by the President and Board of Trustees of said Village, approved by the President, and published, shall be filed with the County Clerks of Lake County and Cook County, Illinois, which said officials shall in and for each of the years 1974 to 1983, both years included., ascertain the rate percent required to produce the aggregate tax hereinbefore provided to be levied in each of said years, respectively, and extend the same for collection on the tax books against all of the taxable property situated within said Village, and situated within said respective counties, in connection with other taxes levied in each of said years, respectively, in and by said Village for general corporate purposes of said Village, and in each of said years such annual tax shall be levied and collected by said Village in like manner as taxes for general corporate purposes for each of said years are levied and collected, and when collected such taxes shall be used solely for the purpose of paying principal and interest upon the bonds herein authorized when same mature. SECTION That the funds derived from such levy be and the same are SEVEN: hereby appropriated and set aside for the sole and only purpose of paying principal of and interest on said bonds when and as same become due, and the funds derived from the sale of said bonds be and they are hereby appropriated and set aside for the purpose hereinbefore set out. SECTION That the proceeds of sale of the bonds will be used and EIGHT: devoted with due diligence for the purpose as provided herein, and the Village of Deerfield covenants and agrees with the purchasers and holders of the bonds herein authorized as follows: (a) that within six months after the delivery of said bonds said Village expects to incur substantial binding obligations in connection with the land acquisition program herein authorized in an aggregate amount nbt less than 2 -1/2% of the estimated total cost of said program; (b) that the President and Boardoof Trustees expect more than 85% oftthesspendable proceeds of the bonds, including investment proceeds, will be expended on or before November 1, 1977, said date being within three years following the date of issue of said bonds; (c) that the acquisition of the land is expected to proceed with due diligence to completion; (d) that the land to be acquired with bond proceeds is not expected to bessold or otherwise disposed of,iin whole or in part, priortto the last maturity of said',bonds; (e) that all of the principal proceeds of the bonds are needed for the purpose of the land acquisition program herein authorized, including expenses incidental to such purpose and to the issuance of the bonds; and (f) that to the best of the knowledgec.and belief of the President and Board of Trustees there are no facts, estimates or circum- stances that would materially change the conclusions and representations set out in this section. The President and Board of Trustees also certify and covenant with the pur- chasers and holders of said bonds from time to time outstanding that, so long as any of said bonds remaintoutstanding, moneys on deposit in any fund or account in connection with said bonds, whether or not such moneys were derived from the proceeds of the sale of said bonds or from any other source, will not be used in a manner which will cause such bonds to be "arbitrage bonds" within the meaning of Section 103(d) of the Internal Revenue Codeoof 1954,as amended, and any lawful regulations promulgated or proposed there- under, including Sections 1.103 -13 and 1.103 -14 of the Income Tax Regulations (26 CFR Part 1), as the same presently exist, or may from time to time here- after be amended, supplemented or revised. The President and Board of Trustees reserve the right, however, to make any investment of such moneys permitted by state law if, when and to the extent that said Section 103(d) or regulations promulgated thereunder shall be repealed or relaxed or shall be held void by final decision of a court of competent jurisdiction, but only if any investment made by virtue of such repeal, relaxation, or decision would not,in the opinion of counsel of recognized competence in such matters, result in making the interest on said bonds subject to federal income taxation. SECTION That forthwith after this ordinance has become effective NINE: as provided by law, the bonds herein authorized shall be executed and delivered to the Treasurer of said Village, and be by him delivered to the purchaser thereof, namely, LaSalle National Bank, upon receipt of the purchase price therefor, same to be not less than the par value of said bonds plus accrued interest to date of delivery, and a premium of $78.50contract for the sale of said bonds to said purchaser, heretofore entered into, be and the same is hereby in all respects ratified, approved and confirmed. SECTION That all ordinances, resolutions and orders, or parts thereof, TEN: in conflict herewith, be and the same are hereby repealed, and this ordinance shall be in full force and effect upon its passage and publication, as provided by law. AYES: SIX (6) NAYS: NONE (0) ABSENT: NONE (0) PASSED this 4th day of November 1974. APPROVED this 4th day of November 1974. V LLAGE PRESIDENT ATTEST: VILLAGE CLERK