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R-98-09RESOLUTION R -98 -09 A RESOLUTION REALLOCATING $900,000 OF THE VILLAGE OF DEERFIELD'S PRIVATE ACTIVITY BOND ALLOCATION TO THE ILLINOIS DEVELOPMENT FINANCE AUTHORITY WHEREAS, Section 146 of the Internal Revenue Code of 1986, as amended, grants Illinois Home Rule Municipalities volume cap in the amount of $50 per capita per year to issue private activity bonds; and WHEREAS, the Village of Deerfield, Illinois (the "Village ") is a Home Rule Municipality in the State of Illinois and has received a volume cap allocation of $900,150 for the year 1998; and WHEREAS, the Illinois Consolidated Statutes authorize any Home Rule Municipality to voluntarily reallocate any of its unused volume cap; and WHEREAS, the Illinois Development Finance Authority (the "Authority ") has requested that the Village transfer its 1998 volume cap allocation to the Authority to be used to finance private bond issuances for certain projects to be approved by the Authority; and WHEREAS, the Authority has requested that the Village adopt a resolution permitting the Authority to fund such projects through the authorization and /or issuance of private activity bonds based, in part, upon the Village's volume cap allocation; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE COUNTY, ILLINOIS, IN THE EXERCISE OF ITS HOME RULE POWERS, as follows: SECTION 1: The Village hereby allocates and transfers to the Authority its 1998 volume cap allocation in the amount of $900,150 for the purpose of enabling the Authority to authorize and /or issue private activity bonds for the LandComp Corporation ( "LandComp ") project as approved by the Authority. The Village hereby acknowledges that the Authority, if LandComp in unable to utilize, may assign any volume cap allocation transferred pursuant to this Resolution to another project or issuer in the State of Illinois. SECTION 2: In consideration of the foregoing transfer, the Authority shall pay to the Village, no later than the time of issuance of the private activity bonds pursuant to this reallocation, a fee of $9,000 and upon the responsibility and obligation of the Illinois Development Finance Authority to defend and hold harmless the Village of Deerfield and its officers and employees from any claim, demand or judgment by any party which seeks money as a result of the passage of this resolution or the action authorized herein. SECTION 3: The Village Clerk is hereby authorized to send a certified copy of the resolution to the Authority. SECTION 4: This resolution shall be in full force and effect from and after its passage, approval and publication according to law. PASSED AND APPROVED THIS 4th DAY OF May_, 1998 AYES: Ehlers, Rosenthal, Seidman, Swanson, Swartz (5) NAYS: None (0) ABSENT: Heuberger (1) APPROVED: Mayor ATTEST: A.J Village Cler