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R-02-01RESOLUTION NO. R -02 -01 RESOLUTION DECLARING A SURPLUS OF TAX INCREMENT FINANCING FUNDS WHEREAS, the Corporate Authorities of the Village of Deerfield, pursuant to the provisions of 65ILCS 5/11 -74.4, et se q., the Tax Increment Allocation Redevelopment Act (the "Act ") established a tax increment financing district in 1982 within portions of the Village of Deerfield located within both Cook County and Lake County, Illinois; and WHEREAS, pursuant to the provisions of the Act, the Corporate Authorities adopted Ordinance No. 0 -82 -33 establishing the 1982 Special Tax Allocation Fund and Ordinance No. 0 -82 -34 causing the issuance of $500,000 principal amount of Corporate Purpose Bonds Series 1982; and WHEREAS, 65 ILCS 5/11 -74.4 of the Act requires that any monies held by a municipality and not required for the payment and securing of obligations of a tax increment financing district and /or redevelopment project costs shall be deemed to be "Surplus Funds "; and WHEREAS, the Corporate Authorities have determined that pursuant to the provisions of the aforementioned ordinances No. 0 -82 -33 and No. 0 -82 -34 and the Act that Surplus Funds are currently available. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, AS FOLLOWS: SECTION That any Surplus Funds presently existing in the ONE: 1982 Special Tax Allocation Fund determined in accordance with 65 ILCS 5/11- 74.4 -7 of the Act and Ordinances No. 0 -82 -33 and No. 0 -82 -34 be and are hereby.declared Surplus Funds. SECTION That pursuant to Section One hereof, the Finance TWO: Director of the Village of Deerfield has determined that the sum of $7,058,519 held in the 1982 Special Tax Allocation Fund is Surplus Funds and is no longer required for use pursuant to the provisions of the Act and Ordinances No. 0 -82 -33 and No. 0- 82 -34. SECTION That the Finance Director of the Village of THREE: Deerfield is hereby directed to follow the statutory provisions for the reallocation of Surplus Funds to the appropriate taxing bodies within both Cook and Lake Counties and to take the required steps to promptly insure the redistribution of Surplus Funds to said taxing bodies. SECTION That the Village Clerk shall provide such FOUR: certified copies of this Resolution as may be required for the purposes of effectuating the redistribution of Surplus Funds in the manner set forth above. SECTION That this Resolution shall be in full force and FIVE: effect from and after its passage in the manner provided by law. AYES: Ragona, Rosenthal, Seiden, Swanson, Wylie NAYS: None (0) ABSENT: Kayne (1) _ PASSED: This 7th d APPROVED: This 7th ATTEST: (5) rad" JL% Air - - I VILLA CE CLERK z:::) RESOLUTION NO. R-02-02 A RESOLUTION RESERVING VOLUME CAP IN CONNECTION WITH PRIVATE ACTIVITY BOND ISSUES, AND RELATED MATTERS WHEREAS, the Village of Deerfield, Lake County, Illinois (the "Municipality"), is a municipality and a home rule unit of government under section 6 of Article VII 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 rule unit of government may transfer its allocation of volume cap to any other home rule unit of government, the State of Illinois or any agency thereof or any non -home rule 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 Resolution, or to be transferred, as permitted by this Resolution; NOW, THEREFORE, Be It Resolved by the President and Board of Trustees of the Village of Deerfield, Illinois, as follows: That, Pursuant to Section 146 of the Code and the Act, the entire volume cap of the Municipality for calendar year 2002 is hereby reserved by the Municipality, which shall issue the Bonds using such volume cap, as shall be directed by Stern Brothers & Co., or shall use or transfer such volume cap in such manner as shall be directed by Stern Brothers & Co., without any further action required on the part of the Municipality, and the adoption of this Resolution 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 issuance of the bonds, 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. Be It Further Resolved that the Municipality shall maintain a written record of this Resolution in its records during the term that the Bonds or any other such bonds to which such volume cap is allocated remain outstanding. Be It Further Resolved 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 purposes and intent of this Resolution. That all ordinances, resolutions or orders, or parts thereof, in conflict herewith are, to the extent of such conflict, hereby superseded; and that this Resolution shall be in full force and effect upon its adoption and approval. Presented, passed, approved and recorded this 4th day of February, 2002. ATTEST: i_ ,�ilfa—ge` Clerk AYES: Kayne, Ragona, Rosenthal, Seiden, Swanson, Wylie (6) NAYS: None (0 ) ABSENT OR NOT VOTING: None (0 )