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R-95-02RESOLUTION NO. R -95 -02 A RESOLUTION AUTHORIZING THE REALLOCATION OF 1995 VOLUME CAP TO THE CITY OF ZION, ILLINOIS WHEREAS, Section 146 of the Internal Revenue Code of 1986 as amended (the "Code "), grants Illinois home rule municipalities volume cap in the amount of $50 per population per year to issue private activity bonds; and WHEREAS, the official 1990 population of the Village of Deerfield, Illinois (the "Village ") is 17,327 giving the Village a volume cap of $866,350 for the year 1995; and WHEREAS, the Village has not used any of its 1995 volume cap and presently has no requests to use the same; and WHEREAS, the City of Zion, Illinois ( "Zion ") adopted a Resolution on February 7, 1994, entering into a Memorandum of Agreement with American Industrial Heat Transfer, Inc. ( "American Industrial ") to finance a manufacturing facility in Zion; and WHEREAS, Zion has requested that the Village reallocate $866,350 of its 1995 volume cap to Zion to be used to finance such private activity bonds for American Industrial because volume cap is otherwise unavailable to Zion; and WHEREAS, pursuant to Section 6 of the Illinois Private Activity Bond Allocation Act (30 ILCS 345/IL et sec.) (the "Act ") including the written Guidelines and Procedures dated as of January 1, 1995, of the Governor's Office of the State of Illinois issued under the Act (the "Guidelines and Procedures "), the Village may reallocate all or any portion of its unused volume cap for calendar year 1995. RESOLUTION NO. R -95 -02 NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, as follows: SECTION 1: That in accordance with and pursuant to the power and authority granted by and under Section 6 of Article VII of the Constitution of Illinois, Section 146 of the Code and Section 6 of the Act, including the Guidelines and Procedures, the Village hereby reserves to and for Zion and hereby irrevocably agrees to and does hereby reallocate $866,350 of its 1995 volume cap to Zion to be used for American Industrial. SECTION 2: That this Resolution shall constitute the agreement of the Village to a different allocation under Section 146(e)(3) of the Code and the "writing" required under Section 6 of the Act. As required by the Act, Zion shall maintain in its records for the term of the bonds a record of reallocation as described in Section 1 of this Resolution. Within ten (10) calendar days of the date the bonds are issued, Zion shall file or cause to be filed, in the Office of the Governor of the State of Illinois, written evidence of such reallocation and a confirmation of bond issuance letter as described in the Guidelines and Procedures. SECTION 3: That the Village hereby covenants and warrants that it has taken no action or issued bonds which would abrogate, diminish or impair its ability to fulfill the written agreement; covenants and undertakings on its part under this Resolution. -2- RESOLUTION NO. R -95 -02 SECTION 4: That this Resolution shall be effective immediately upon passage and approval. PASSED this 21st day of February 1995. AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swartz (5) NAYS: None (0) ABSENT: Swanson (1) APPROVED this 21st day of Attest: age Clerk February , 1995. -3- President (pro Tem) STATE OF ILLINOIS ) SS COUNTIES OF LAKE ) AND COOK ) I the undersigned, do hereby certify that I am duly qualified appointed and e:lwa Clerk of the Village of Deerfield, in the Counties and State aforesaid; and as such Clerk, I am the keeper of the official journal, records and files of the Board of Trustees of said Village. I do further certify that the attached and foregoing is a full, true and correct copy of: RESOLUTION NO. R-05 -02 A RESOLUTION AUTHORIZING THE REALLOCATION OF 1995 VOLUME CAP TO THE CITY OF ZION, .ILLINOIS Passed and Approved: February 21 , 1995 as adopted by the President and Board of Trustees of the Village of Deerfield, at a legally convened meeting in the Village of Deerfield. IN WITNESS WHEREOF, I have hereunto affixed my official signature and the corporate seal of said Village of Deerfield, Lake and Cook Counties, Illinois this 23rd day of February I 1995. (VILLAGE SEAL)