Ordinance 2006-065 COPY
ORDINANCE NUMBERC
AN ORDINANCE providing for the issuance of $1,500,000 General
Obligation Library Bonds, Series 2006, of the United City of
Yorkville, Kendall County, Illinois, and providing for the levy and
collection of a direct annual tax sufficient for the payment of the
principal of and interest on said bonds.
Adopted by the City Council on
the 25th day of July, 2006.
TABLE OF CONTENTS
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SECTION HEADING PAGE
Preambles..................................................................................................... ..............................1
SECTION 1. DEFINITIONS .............................................................. ............................... 3
SECTION 2. INCORPORATION OF PREAMBLES ................................. ............................... 4
SECTION 3. DETERMINATION TO ISSUE BONDS .............................. ............................... 4
SECTION4. BOND DETAILS .......................................................... ............................... 4
SECTION S. GLOBAL BOOK -ENTRY SYSTEM ................................... ..............................6
SECTION 6. EXECUTION; AUTHENTICATION .................................. ............................... 8
SECTION7. REDEMPTION ............................................................. ............................... 9
SECTION 8. REDEMPTION PROCEDURE .......................................... ............................... 9
SECTION 9. REGISTRATION AND EXCHANGE OR TRANSFER OF BONDS;
PERSONS TREATED AS OWNERS ................................ ............................... 11
SECTION 10. FORM OF BOND ........................................................ ............................... 13
SECTION11. TAX LEVY ............................................................... ............................... 20
SECTION 12. FILING WITH COUNTY CLERK ................................... ............................... 21
SECTION 13. SALE OF BONDS ....................................................... ............................... 21
SECTION 14. CREATION OF FUNDS AND APPROPRIATIONS .............. ............................... 22
SECTION IS. GENERAL ARBITRAGE COVENANTS .......................... ............................... 23
SECTION 16. REGISTERED FORM .................................................. ............................... 25
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SECTION 17. RIGHTS AND DUTIES OF BOND REGISTRAR AND PAYING
AGENT ..................................................................... ............................... 25
! SECTION 18. CONTINUING DISCLOSURE UNDERTAKING ................ ............................... 26
SECTION 19. MUNICIPAL BOND INSURANCE .................................. ............................... 26
SECTION 20. SEVERABILITY ......................................................... ............................... 27
SECTION 21. SUPERSEDER AND EFFECTIVE DATE .......................... ............................... 28
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ORDINANCE NUMBER
AN ORDINANCE providing for the issuance of $1,500,000 General
Obligation Library Bonds, Series 2006, of the United City of
Yorkville, Kendall County, Illinois, and providing for the levy and
collection of a direct annual tax sufficient for the payment of the
principal of and interest on said bonds.
WHEREAS, it is deemed advisable, necessary and for the best interests of the United City
of Yorkville, Kendall County, Illinois (the "City"), that the City improve and equip the existing
Yorkville Public Library and pay for expenses incidental thereto (the "Project "); and
WHEREAS, the City Council of the City (the "City Council ") has determined the total cost
of the Project and costs and expenses incidental thereto, including in such costs and expenses all
items of cost permitted under the Local Government Debt Reform Act of Illinois, as amended,
and without limitation, costs of issuance of bonds, capitalized interest, and reserves, to be not
less than $1,500,000, plus the estimated investment earnings available upon the investment of
said sum prior to expenditure; and
WHEREAS, the City Council did, by ordinance adopted on the 22nd day of June, 2004,
provide for and require the submission of the following proposition:
Shall bonds in the amount of not to exceed $8,750,000 be issued
by the United City of Yorkville, Kendall County, Illinois, for the
purpose of improving and equipping the existing Yorkville Public
Library and for expenses incidental thereto, said bonds bearing
interest at the rate not to exceed 9% per annum?
to the voters of the City at the general election held on the 2nd day of November, 2004 (the
"Election"); and
WHEREAS, the County Clerk (the "County Clerk ") of The County of Kendall, Illinois,
caused proper notice to be given of the Election (the "Notice ") by (i) publishing the Notice once
not more than 30 nor less than 10 days prior to the date of the Election in a local, community
newspaper having general circulation in the City, and (ii) posting a copy of the Notice at least
10 days before the date of the Election at the principal office of the County Clerk; and
WHEREAS, the City Clerk posted a copy of the Notice at the principal office of the City;
and
WHEREAS, the Election was duly held in the manner provided by law, and it has
heretofore been found, determined, declared and proclaimed that a majority of all the votes cast
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at the Election on said proposition was cast in favor of said proposition, and said proposition was
properly carried; and
WHEREAS, the City issued on August 11, 2005, $7,250,000 of the authorized sum to pay
for a portion of the costs of the Project; and
WHEREAS, it is in the judgment of the City Council necessary to pay for the cost of the
Project to borrow the sum of $1,500,000 and issue bonds of the City in the principal amount of
$1,500,000; and
WHEREAS, such bonds shall be payable from a direct annual ad valorem tax levied against
all taxable property in the Village, without limitation as to rate or amount; and
WHEREAS, the Property Tax Extension Limitation Law of the State of Illinois, as
amended, imposes certain limitations on the "aggregate extension" of certain property taxes
levied by the City, but provides that the definition of "aggregate extension" applicable to the
City contained in Section 18 -185 of the Property Tax Code of the State of Illinois, as amended,
does not include extensions "made for the taxing district to pay interest or principal on general
obligation bonds that were approved by referendum "; and
WHEREAS, the City Council does hereby find and determine that the bonds for the Project
were approved by referendum; and
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WHEREAS, the County Clerk is therefore authorized to extend and collect said tax so
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levied for the payment of the bonds for the Project without limitation as to rate or amount;
Now THEREFORE Be It Ordained b y the City Council of the United City of Yorkville,
Kendall County, Illinois, as follows:
Section 1. Definitions. In addition to such other words and terms used and defined in
this Ordinance, the following words and terms used in this Ordinance shall have the following
meanings, unless, in either case, the context or use clearly indicates another or different meaning
is intended:
"Bonds" means the $1,500,000 General Obligation Library Bonds, Series 2006,
authorized to be issued by this Ordinance.
"Bond Fund" means the Bond Fund established and defined in Section 14 of this
Ordinance.
"Bond Register" means the books of the City kept by the Bond Registrar to evidence the
registration and transfer of the Bonds.
"Bond Registrar" means The Bank of New York Trust Company, N.A., Chicago,
Illinois, a bank having trust powers, or a successor thereto or a successor designated as Bond
Registrar hereunder.
"City" means the United City of Yorkville, Kendall County, Illinois.
"City Council" means the City Council of the City.
"Code" means the Internal Revenue Code of 1986, as amended.
"County Clerk" means the County Clerk of The County of Kendall, Illinois.
"Ordinance" means this Ordinance, numbered as set forth on the title page hereof, and
passed by the City Council on the 25th day of July, 2006.
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"Paying Agent" means The Bank of New York Trust Company, N.A., Chicago, Illinois,
a bank having trust powers, or a successor thereto or a successor designated as Paying Agent
hereunder.
"Pledged Taxes" means the taxes levied on the taxable property within the City to pay
principal of and interest on the Bonds as made in Section 11 hereof.
"Project" means the City's expenditures as described and defined as such in the
preambles to this Ordinance.
"Tax- exempt" means, with respect to the Bonds, the status of interest paid and received
thereon as not includible in the gross income of the owners thereof under the Code for federal
income tax purposes except to the extent that such interest will be taken into account in
computing an adjustment used in determining the alternative minimum tax for certain
corporations.
Section 2. Incorporation of Preambles. The City Council hereby finds that all of the
recitals contained in the preambles to this Ordinance are true, correct and complete and does
incorporate them into this Ordinance by this reference.
Section 3. Determination to Issue Bonds. It is necessary and in the best interests of the
City to finance the Project, to pay all related costs and expenses incidental thereto, and to borrow
money and issue the Bonds for such purposes.
Section 4. Bond Details. For the purpose of providing for such costs, there shall be
issued and sold the Bonds in the principal amount of $1,500,000. The Bonds shall each be
designated "General Obligation Library Bond, Series 2006 "; be dated August 1, 2006 (the
"Dated Date "); and shall also bear the date of authentication thereof. The Bonds shall be in
fully registered form, shall be in denominations of $5,000 or integral multiples thereof (but no
single Bond shall represent principal maturing on more than one date), shall be numbered
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consecutively in such fashion as shall be determined by the Bond Registrar, and shall become
due and payable (subject to right of prior redemption as hereinafter set forth) on December 30 of
the years and in the amounts and bearing interest at the rates percent per annum as follows:
YEAR AMOUNT RATE
2008 $ 50,000 4.75%
2009 150,000 4.75%
2010 150,000 4.75%
2011 175,000 4.75%
2012 150,000 4.75%
2013 100,000 4.75%
2014 50,000 4.75%
2015 50,000 4.75%
2016 50,000 4.75%
2017 50,000 4.75%
2018 50,000 4.75%
2019 50,000 4.75%
2020 75,000 4.75%
2021 75,000 4.75%
2022 75,000 4.75%
2023 100,000 4.75%
2024 100,000 4.80%
Each Bond shall bear interest from the later of its Dated Date as herein provided or from
the most recent interest payment date to which interest has been paid or duly provided for, until
the principal amount of such Bond is paid or duly provided for, such interest (computed upon the
basis of a 360 -day year of twelve 30 -day months) being payable on June 30 and December 30 of
each year, commencing on June 30, 2007. Interest on each Bond shall be paid by check or draft
of the Paying Agent, payable upon presentation thereof in lawful money of the United States of
America, to the person in whose name such Bond is registered at the close of business on the
applicable Record Date (the "Record Date "), and mailed to the registered owner of the Bond as
shown in the Bond Registrar or at such other address furnished in writing by such Registered
Owner. The Record Date shall be the 15th day of the month of any regular or other interest
payment date occurring on the 30th day of any month and 15 days preceding any interest
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payment date occasioned by the redemption of Bonds on other than the 30th day of a month.
The principal of or redemption price due on the Bonds shall be payable in lawful money of the
United States of America upon presentation thereof at the principal corporate trust office of the
Paying Agent in the City of Chicago, Illinois, or at successor Paying Agent and locality.
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Section S. Global Book -Entry System. The Bonds shall be initially issued in the form
j of a separate single fully registered Bond for each of the maturities of the Bonds as provided in
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Section 4 hereof, and the ownership of each such Bond shall be registered in the Bond Register
in the name of Cede & Co., or any successor thereto ("Cede"), as nominee of The Depository
Trust Company, New York, New York, and its successors and assigns ( "DTC "). All of the
outstanding Bonds shall be registered in the Bond Register in the name of Cede, as nominee of
DTC, except as hereinafter provided. The Mayor, Treasurer and Clerk of the City are hereby
authorized to execute and deliver on behalf of the City such letters to or agreements with DTC
and the Bond Registrar as shall be necessary to effectuate such book -entry system (any such
letter or agreement being referred to herein as the "Representation Letter ").
With respect to the Bonds registered in the Bond Register in the name of Cede, as
nominee of DTC, the City and the Bond Registrar shall have no responsibility or obligation to
any broker - dealer, bank or other financial institution for which DTC holds Bonds from time to
time as securities depository (each such broker - dealer, bank or other financial institution being
referred to herein as a "DTC Participant ") or to any person on behalf of whom such a DTC
Participant holds an interest in the Bonds. Without limiting the immediately preceding sentence,
the City and the Bond Registrar shall have no responsibility or obligation with respect to (i) the
accuracy of the records of DTC, Cede or any DTC Participant with respect to any ownership
interest in the Bonds, (ii) the delivery to any DTC Participant or any other person, other than a
registered owner of a Bond as shown in the Bond Register, of any notice with respect to the
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Bonds, including any notice of redemption, or (iii) the payment to any DTC Participant or any
other person, other than a registered owner of a Bond as shown in the Bond Register, of any
amount with respect to principal of or interest on the Bonds. The City and the Bond Registrar
may treat and consider the person in whose name each Bond is registered in the Bond Register as
the holder and absolute owner of such Bond for the purpose of payment of principal and interest
with respect to such Bond, for the purpose of giving notices of redemption and other matters
with respect to such Bond, for the purpose of registering transfers with respect to such Bond, and
for all other purposes whatsoever. The Bond Registrar shall pay all principal of and interest on
the Bonds only to or upon the order of the respective registered owners of the Bonds, as shown
in the Bond Register, or their respective attorneys duly authorized in writing, and all such
payments shall be valid and effective to fully satisfy and discharge the City's obligations with
respect to payment of principal of and interest on the Bonds to the extent of the sum or sums so
paid. No person other than a registered owner of a Bond as shown in the Bond Register, shall
receive a Bond certificate evidencing the obligation of the City to make payments of principal
and interest with respect to any Bond. Upon delivery by DTC to the Bond Registrar of written
notice to the effect that DTC has determined to substitute a new nominee in place of Cede, the
name "Cede" in this Ordinance shall refer to such new nominee of DTC.
In the event that (i) the City determines that DTC is incapable of discharging its
responsibilities described herein and in the Representation Letter, (ii) the agreement among the
City, the Bond Registrar and DTC evidenced by the Representation Letter shall be terminated for
any reason or (iii) the City determines that it is in the best interests of the beneficial owners of
the Bonds that they be able to obtain certificated Bonds, the City shall notify DTC and DTC
Participants of the availability through DTC of Bond certificates and the Bonds shall no longer
be restricted to being registered in the Bond Register in the name of Cede, as nominee of DTC.
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At the time, the City may determine that the Bonds shall be registered in the name of and
deposited with such other depository operating a global book -entry system, as may be acceptable
to the City, or such depository's agent or designee, and if the City does not select such alternate
global book -entry system, then the Bonds may be registered in whatever name or names
registered owners of Bonds transferring or exchanging Bonds shall designate, in accordance with
the provisions of Section 9 hereof.
Notwithstanding any other provision of this Ordinance to the contrary, so long as any
Bond is registered in the name of Cede, as nominee of DTC, all payments with respect to
principal of and interest on such Bond and all notices with respect to such Bond shall be made
and given, respectively, in the manner provided in the Representation Letter.
Section 6. Execution; Authentication. The Bonds shall be executed on behalf of the
City by the manual or facsimile signature of its Mayor and attested by the manual or facsimile
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signature of its City Clerk, as they may determine, and shall have impressed or imprinted thereon
the corporate seal or facsimile thereof of the City. In case any such officer whose signature shall
appear on any Bond shall cease to be such officer before the delivery of such Bond, such
signature shall nevertheless be valid and sufficient for all purposes, the same as if such officer
had remained in office until delivery. All Bonds shall have thereon a certificate of
authentication, substantially in the form hereinafter set forth, duly executed by the Bond
Registrar as authenticating agent of the City and showing the date of authentication. No Bond
shall be valid or obligatory for any purpose or be entitled to any security or benefit under this
Ordinance unless and until such certificate of authentication shall have been duly executed by the
Bond Registrar by manual signature, and such certificate of authentication upon any such Bond
shall be conclusive evidence that such Bond has been authenticated and delivered under this
Ordinance. The certificate of authentication on any Bond shall be deemed to have been executed
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by it if signed by an authorized officer of the Bond Registrar, but it shall not be necessary that
the same officer sign the certificate of authentication on all of the Bonds issued hereunder.
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Section 7. Redemption. The Bonds maturing on or after December 30, 2017, are
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subject to redemption prior to maturity at the option of the City as a whole, or in part in any
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order of maturity determined by the City (less than all of the Bonds of a single maturity to be
selected by the Bond Registrar), on December 30, 2016, or on any date thereafter, at the
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redemption price of par plus accrued interest to the date of redemption.
Section 8. Redemption Procedure. The City shall, at least 45 days prior to the
redemption date (unless a shorter time period shall be satisfactory to the Bond Registrar), notify
the Bond Registrar of such redemption date and of the principal amount and maturities of Bonds
to be redeemed. For purposes of any redemption of less than all of the Bonds of a single
maturity, the particular Bonds or portions of Bonds to be redeemed shall be selected by lot not
more than 60 days prior to the redemption date by the Bond Registrar for the Bonds of such
series and maturity by such method of lottery as the Bond Registrar shall deem fair and
appropriate; provided, that such lottery shall provide for the selection for redemption of Bonds or
portions thereof so that any $5,000 Bond or $5,000 portion of a Bond shall be as likely to be
called for redemption as any other such $5,000 Bond or $5,000 portion.
The Bond Registrar shall promptly notify the City and the Paying Agent in writing of the
Bonds or portions of Bonds selected for redemption and, in the case of any Bond selected for
partial redemption, the principal amount thereof to be redeemed.
Unless waived by the registered owner of Bonds to be redeemed, official notice of any
such redemption shall be given by the Bond Registrar on behalf of the City by mailing the
redemption notice by first -class mail not less than 30 days and not more than 60 days prior to the
date fixed for redemption to each registered owner of the Bond or Bonds to be redeemed at the
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address shown on the Bond Register or at such other address as is furnished in writing by such
registered owner to the Bond Registrar.
All official notices of redemption shall include the name of the Bonds and at least the
information as follows:
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(1) the redemption date;
(2) the redemption price;
(3) if less than all of the Bonds of a single maturity are to be redeemed, the
identification (and, in the case of partial redemption of any Bonds, the respective
principal amounts) of the Bonds to be redeemed;
(4) a statement that on the redemption date the redemption price will become
due and payable upon each such Bond or portion thereof called for redemption and that
interest thereon shall cease to accrue from and after said date; and
(5) the place where such Bonds are to be surrendered for payment of the
redemption price, which place of payment shall be the principal corporate trust business
office of the Paying Agent.
Prior to any redemption date, the City shall deposit with the Paying Agent an amount of
money sufficient to pay the redemption price of all the Bonds or portions of Bonds which are to
be redeemed on that date.
Official notice of redemption having been given as aforesaid, the Bonds or portions of
Bonds so to be redeemed shall, on the redemption date, become due and payable at the
redemption price therein specified, and from and after such date (unless the City shall default in
the payment of the redemption price), such Bonds or portions of Bonds shall cease to bear
interest. Neither the failure to -mail such redemption notice, nor any defect in any notice so
mailed, to any particular registered owner, shall affect the sufficiency of such notice with respect
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to other Bonds. Notice having been properly given, failure of a registered owner to receive such
notice shall not be deemed to invalidate, limit or delay the effect of the notice or redemption
action described in the notice. Such notice may be waived in writing by the registered owner
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entitled to receive such notice, either before or after the event, and such waiver shall be the
equivalent of such notice. Waivers of notice by registered owners shall be filed with the Bond
Registrar, but such filing shall not be a condition precedent to the validity of any action taken in
reliance upon such waiver.
Upon surrender of such Bonds for redemption in accordance with said notice, such Bonds
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shall be paid by the Paying Agent at the redemption price. The procedure for payment of interest
due on or prior to the redemption date shall be as herein provided for payment of interest
otherwise due. Upon surrender for any partial redemption of any Bond, there shall be prepared
for the registered owner a new Bond or Bonds of like tenor, of authorized denominations, of the
same maturity and bearing the same rate of interest in the amount of the unpaid principal. If any
Bond or portion of Bond called for redemption shall not be so paid upon surrender thereof for
redemption, the principal shall, until paid or duly provided for, bear interest from the redemption
date at the rate borne by the Bond or portion of Bond so called for redemption. All Bonds which
have been redeemed shall be cancelled and destroyed by the Bond Registrar and shall not be
reissued.
Section 9. Registration and Exchange or Transfer of Bonds; Persons Treated as
Owners. The City shall cause books (the "Bond Register ") for the registration and for the
transfer of the Bonds as provided in this Ordinance to be kept at the principal corporate trust
office of the Bond Registrar in the City of Chicago, Illinois, which is hereby constituted and
appointed the registrar of the City for the Bonds. The City is authorized to prepare, and the Bond
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Registrar or such other agent as the City may designate shall keep custody of, multiple Bond
blanks executed by the City for use in the transfer and exchange of Bonds.
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Any Bond may be transferred or exchanged, but only in the manner, subject to the
limitations, and upon payment of the charges as set forth in this Ordinance. Upon surrender for
transfer or exchange of any Bond at the principal corporate trust office of the Bond Registrar,
jduly endorsed by or accompanied by a written instrument or instruments of transfer or exchange
in form satisfactory to the Bond Registrar and duly executed by the registered owner or an
attorney for such owner duly authorized in writing, the City shall execute and the Bond Registrar
shall authenticate, date and deliver in the name of the transferee or transferees or, in the case of
an exchange, the registered owner, a new fully registered Bond or Bonds of like tenor, of the
same maturity, bearing the same interest rate, of authorized denominations, for a like aggregate
principal amount.
The Bond Registrar shall not be required to transfer or exchange any Bond during the
period from the close of business on the Record Date for an interest payment to the opening of
business on such interest payment date or during the period of 15 days preceding the giving of
notice of redemption of Bonds or to transfer or exchange any Bond all or a portion of which has
been called for redemption.
The execution by the City of any fully registered Bond shall constitute full and due
authorization of such Bond, and the Bond Registrar shall thereby be authorized to authenticate,
date and deliver such Bond; provided, however, that the principal amount of Bonds of each
maturity authenticated by the Bond Registrar shall not at any one time exceed the authorized
principal amount of Bonds for such maturity less the amount of such Bonds which have been
paid.
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The person in whose name any Bond shall be registered shall be deemed and regarded as
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the absolute owner thereof for all purposes, and payment of the principal of or interest on any
Bond shall be made only to or upon the order of the registered owner thereof or his legal
representative. All such payments shall be valid and effectual to satisfy and discharge the
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liability upon such Bond to the extent of the sum or sums so paid.
No service charge shall be made for any transfer or exchange of Bonds, but the City or
the Bond Registrar may require payment of a sum sufficient to cover any tax or other
governmental charge that may be imposed in connection with any transfer or exchange of Bonds,
except in the case of the issuance of a Bond or Bonds for the unredeemed portion of a Bond
surrendered for redemption.
Section 10. Form of Bond. The Bonds shall be in substantially the form hereinafter set
forth; provided, however, that if the text of the Bonds is to be printed in its entirety on the front
side of the Bonds, then the second paragraph on the front side and the legend "See Reverse Side
for Additional Provisions" shall be omitted and the text of paragraphs set forth for the reverse
side shall be inserted immediately after the first paragraph.
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[Form of Bond - Front Side]
REGISTERED REGISTERED
No. $
UNITED STATES OF AMERICA
STATE OF ILLINOIS
THE COUNTY OF KENDALL
UNITED CITY OF YORKVILLE
GENERAL OBLIGATION LIBRARY BOND, SERIES 2006
See Reverse Side for
Additional Provisions.
Interest Maturity Dated
Rate: % Date: December 30, Date: August 1, 2006 CUSIP:
Registered Owner: CEDE &. CO.
Principal Amount:
KNOW ALL PERSONS BY THESE PRESENTS that the United City of Yorkville, Kendall
County, Illinois, a municipality and political subdivision of the State of Illinois (the "City "),
hereby acknowledges itself to owe - and for value received promises to pay to the Registered
Owner identified above, or registered assigns as hereinafter provided, on the Maturity Date
identified above (subject to right of prior redemption as hereinafter stated), the Principal Amount
identified above and to pay interest (computed on the basis of a 360 -day year of twelve 30 -day
months) on such Principal Amount from the later of the Dated Date of this Bond identified above
or from the most recent interest payment date to which interest has been paid or duly provided
for, at the Interest Rate per annum identified above, such interest to be payable on June 30 and
December 30 of each year, commencing June 30, 2007, until said Principal Amount is paid or
duly provided for. The principal of or redemption price on this Bond is payable in lawful money
of the United States of America upon presentation hereof at the principal corporate trust office of
The Bank of New York Trust Company, N.A., in the City of Chicago, Illinois, as paying agent
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(the "Paying Agent "). Payment of interest shall be made to the Registered Owner hereof as
shown on the registration books of the City maintained by The Bank of New York Trust
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i Company, N.A., in the City of Chicago, Illinois, as bond registrar (the `Bond Registrar "), at the
close of business on the applicable Record Date (the "Record Date "). The Record Date shall be
the 15th day of the month of any regular or other interest payment date occurring on the 30th day
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of any month and 15 days preceding any interest payment date occasioned by the redemption of
Bonds on other than the 30th day of a month. Interest shall be paid by check or draft of the
Paying Agent, payable upon presentation in lawful money of the United States of America,
mailed to the address of such Registered Owner as it appears on such registration books or at
such other address furnished in writing by such Registered Owner to the Bond Registrar, or as
otherwise agreed by the City and Cede & Co., as nominee, or successor, for so long as this Bond
is held by The Depository Trust Company, New York, New York, the depository, or nominee, in
book -entry only form as provided for same.
Reference is hereby made to the further provisions of this Bond set forth on the reverse
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hereof, and such further provisions shall for all purposes have the same effect as if set forth at
this place.
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It is hereby certified and recited that all conditions, acts 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 including he authorizing Act, have existed and have been properly done,
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happened and been performed in regular and due form and time as required by law; that the
indebtedness of the City, represented by the Bonds, and including all other indebtedness of the
City, howsoever evidenced or incurred, does not exceed any constitutional or statutory or other
lawful limitation; and that provision has been made for the collection of a direct annual tax, in
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addition to all other taxes, on all of the taxable property in the City sufficient to pay the interest
hereon as the same falls due and also to pay and discharge the principal hereof at maturity.
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This Bond shall not be valid or become obligatory for any purpose until the certificate of
authentication hereon shall have been signed by the Bond Registrar.
IN WITNESS WHEREOF the United City of Yorkville, Kendall County, Illinois, by its City
Council, has caused this Bond to be executed by the manual or duly authorized facsimile
signature of its Mayor and attested by the manual or duly authorized facsimile signature of its
City Clerk and its corporate seal or a facsimile thereof to be impressed or reproduced hereon, all
as appearing hereon and as of the Dated Date identified above.
Mayor, United City of Yorkville
Kendall County, Illinois
ATTEST:
City Clerk, United City of Yorkville
Kendall County, Illinois
[SEAL]
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Date of Authentication:
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CERTIFICATE OF AUTHENTICATION
This Bond is one of the Bonds described in the within - mentioned Ordinance and is one of
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the General Obligation Library Bonds, Series 2006, having a Dated Date of August 1, 2006, of
the United City of Yorkville, Kendall County, Illinois.
THE BANK OF NEW YORK TRUST
COMPANY, N.A.,
as Bond Registrar
By
Authorized Officer
Bond Registrar and Paying Agent:
The Bank of New York Trust Company, N.A.
Chicago, Illinois
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[Form of Bond - Reverse Side]
' This bond is one of a series of bonds (the "Bonds ") in the aggregate .principal amount of
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$1,500,000 issued by the City for the purpose of paying the costs of the Project and of paying
expenses incidental thereto, all as described and defined in the ordinance authorizing the Bonds
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(the "Ordinance"), pursuant to and in all respects in compliance with the applicable provisions
of the Illinois Municipal Code and the Local Government Debt Reform Act, as supplemented
and amended (such code and act collectively being the "Act "), and is authorized by a majority of
all votes cast on the proposition at an election duly called and held for that purpose in the City,
and with the Ordinance, which has been duly passed by the City Council of the City and
approved by the Mayor.
Subject to the provisions relating to this Bond remaining in book -entry only form, this
Bond may be transferred or exchanged, but only in the manner, subject to the limitations, and
upon payment of the charges as set forth in the Ordinance. Upon surrender for transfer or
exchange of this Bond at the principal corporate trust office of the Bond Registrar in the City of
Chicago, Illinois, duly endorsed by or accompanied by a written instrument or instruments of
transfer or exchange in form satisfactory to the Bond Registrar and duly executed by the
Registered Owner or an attorney for such owner duly authorized in writing, the City shall
execute and the Bond Registrar shall authenticate, date and deliver in the name of the transferee
or transferees or, in the case of an exchange, the Registered Owner, a new fully registered Bond
or Bonds of like tenor, of the same maturity, bearing the same interest rate, of authorized
denominations, for a like aggregate principal amount.
The Bond Registrar shall not be required to transfer or exchange any Bond during the
period from the close of business on the Record Date for an interest payment to the opening of
business on such interest payment date or during the period of 15 days preceding the giving of
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notice of redemption of Bonds or to transfer or exchange any Bond all or a portion of which has
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been called for redemption.
The Bonds may be subject to optional or mandatory redemption, and the holder of this
Bond shall refer to the provisions of the Ordinance for the terms and provision for notice of
redemption.
The City, the Bond Registrar and the Paying Agent may deem and treat the Registered
Owner hereof as the absolute owner hereof for the purpose of receiving payment of or on
account of principal hereof and interest due hereon and for all other purposes, and the City, the
Bond Registrar and the Paying Agent shall not be affected by any notice to the contrary.
ASSIGNMENT
FOR VALUE RECEIVED, the undersigned sells, assigns and transfers unto
Here insert Social Security Number,
Employer Identification Number or
other Identifying Number
(Name and Address of Assignee)
the within Bond and does hereby irrevocably constitute and appoint
as attorney to transfer the said Bond on the books kept for registration thereof with full power of
substitution in the premises.
Dated:
Signature guaranteed:
NOTICE: The signature to this transfer and assignment must correspond with the name of the
Registered Owner as it appears upon the face of the within Bond in every particular,
without alteration or enlargement or any change whatever. _
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Section 11. Tax Levy. For the purpose of providing funds required to pay the interest on
the Bonds promptly when and as the same falls due, and to pay and discharge the principal
thereof at maturity there is hereby levied upon all of the taxable property within the City, in the
years for which any of the Bonds are outstanding, a direct annual tax sufficient for that purpose;
and there is hereby levied on all of the taxable property in the City, in addition to all other taxes,
the following direct annual taxes (the Pledged Taxes as hereinabove defined):
FOR THE YEAR A TAX SUFFICIENT TO PRODUCE THE DOLLAR SUM OF:
2006 $100,810.28 for interest up to and including
December 30, 2007
2007 $121,300.00 for interest and principal
2008 $218,925.00 for interest and principal
2009 $211,800.00 for interest and principal
2010 $229,675.00 for interest and principal
2011 $196,362.50 for interest and principal
2012 $139,237.50 for interest and principal
2013 $ 84,487.50 for interest and principal
2014 $ 82,112.50 for interest and principal
2015 $ 79,737.50 for interest and principal
2016 $ 77,362.50 for interest and principal
2017 $ 74,987.50 for interest and principal
2018 $ 72,612.50 for interest and principal
2019 $ 95,237.50 for interest and principal
2020 $ 91,675.00 for interest and principal
2021 $ 88,112.50 for interest and principal
2022 $109,550.00 for interest and principal
2023 $104,800.00 for interest and principal
The Pledged Taxes and other moneys (excepting proceeds of the Bonds) on deposit
(collectively, the "Bond Moneys ") in the Bond Fund shall be applied to the payment of interest
when due and principal when due at maturity.
Interest or principal coming due at any time when there are insufficient funds on hand
from the Pledged Taxes to pay the same shall be paid promptly when due from current funds on
hand in advance of the collection of the Pledged Taxes herein levied; and when the Pledged
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Taxes shall have been collected, reimbursement shall be made to said funds in the amount so
advanced. The City covenants and agrees with the purchasers and registered owners of the
Bonds that so long as any of the Bonds remain outstanding, the City will take no action or fail to
take any action which in any way would adversely affect the ability of the City to levy and
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collect the foregoing tax levy. The City and its officers will comply with all present and future
applicable laws in order to assure that the Pledged Taxes may be levied, extended and collected
as provided herein and deposited into the Bond Fund.
Whenever other funds from any lawful source are made available for the purpose of
a in principal of or interest on -the Bonds so as to enable the abatement of the taxes levied
paying g an Y r �
herein for the payment of same, the City Council shall, by proper proceedings, direct the deposit
of such funds into the Bond Fund and further shall direct the abatement of the taxes by the
amount so deposited. A certified copy or other notification of any such proceedings abating
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taxes may then be filed with the County Clerk in a timely manner to effect such abatement. F'
Section 12. Filing with County Clerk. Promptly, as soon as this Ordinance becomes
effective, a copy hereof, certified by the City Clerk of the City, shall be filed with the County
Clerk; and the County Clerk shall in and for each of the years 2006 to 2023, inclusive, ascertain
the rate percent required to produce the aggregate tax hereinbefore provided to be levied in each
of said years; and the County Clerk shall extend the same for collection on the tax books in
connection with other taxes levied in said years in and by the City for general corporate purposes
of the City; and in said years such annual tax shall be levied and collected by and for and on
behalf of the City in like manner as taxes for general corporate purposes for said years are levied
and collected, and in addition to and in excess of all other taxes.
Section 13. Sale o f Bonds. The Bonds hereby authorized shall be executed as in this
Ordinance provided as soon after the passage hereof as may be, and thereupon be deposited with
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the City Treasurer, and be by said Treasurer delivered to Wachovia Securities, LLC, Richmond,
Virginia, the purchaser thereof (the "Purchaser "), upon receipt of the purchase price therefor,
the same being $1,525,002.00, plus accrued interest, if any, to date of delivery; the contract for
the sale of the Bonds heretofore entered into (the "Purchase Contract ") is in all respects ratified,
I approved and confirmed, it being hereby found and determined that the Bonds have been sold at
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such price and bear interest at such rates that neither the true interest cost (yield) nor the net
interest rate received upon such sale exceed the maximum rate otherwise authorized by Illinois
law and that the Purchase Contract is in the best interests of the City and that no person holding
any office of'the City, either by election or appointment, is in any manner financially interested
directly in his own name or indirectly in the name of any other person, association, trust or
corporation, in the Purchase Contract.
The use by the Purchaser of any Preliminary Official Statement and any final Official
Statement relating to the Bonds is hereby ratified, approved and authorized; the execution and
delivery of said final Official Statement is hereby authorized; and the officers of the City Council
are hereby authorized to take any action as may be required on the part of the City to
consummate the transactions contemplated by the Purchase Contract, this Ordinance, said
Preliminary Official Statement, said final Official Statement and the Bonds.
Section 14. Creation of Funds and Appropriations.
A. There is hereby created the "General Obligation Library Bonds, Series 2006, Bond
Fund" (the "Bond Fund "), which shall be the fund for the payment of principal of and interest
on the Bonds.
B. The Pledged Taxes shall either be deposited into the Bond Fund and used solely and
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only for paying the principal of and interest on the Bonds or be used to reimburse a fund or
account from which advances to the Bond Fund may have been made to pay principal of or
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interest on the Bonds prior to receipt of Pledged Taxes. Interest income or investment profit
earned in the Bond Fund shall be retained in the Bond Fund for payment of the principal of or
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interest on the Bonds on the interest payment date next after such interest or profit is received or,
to the extent lawful and as determined by the City Council, transferred to such other fund as may
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be determined. The City hereby pledges, as equal and ratable security for the Bonds, all present
and future proceeds of the Pledged Taxes for the sole benefit of the registered owners of the
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Bonds, subject to the reserved right of the City Council to transfer certain interest income or
investment profit earned in the Bond Fund to other funds of the City, as described in the
preceding sentence.
C. Accrued interest, if any, on the Bonds shall be set aside in the Bond Fund to pay a
portion of the first interest on the Bonds.
D. The remaining principal proceeds of the Bonds shall be set aside in a separate fund,
hereby created, and designated as the "Series 2006 Project Fund" (the "Project Fund "), hereby
created as the fund to provide for the receipt and disbursement of proceeds of the Bonds for the
Project and to pay costs of issuance of the Bonds. Alternatively, the Treasurer may allocate such
remaining proceeds to one or more related project funds of the City already in existence;
provided, however, that this shall not relieve the Treasurer of the duty to account for the proceeds
as herein provided. (Any such one or more funds shall also be referred to hereinafter,
collectively, as the "Project Fund.")
E. The City and the City Council hereby covenant that all of the proceeds of the Bonds
shall be used in strict compliance with the authorization of the voters of the City at the Election
and with all of the requirements of the Illinois Municipal Code, as amended.
Section 15. General Arbitrage Covenants. The City hereby covenants that it will not
take any action, omit to take any action or permit the taking or omission of any action within its
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control (including, without limitation, making or permitting any use of the proceeds of the
Bonds) if taking, permitting or omitting to take such action would cause any of the Bonds to be
an arbitrage bond or a private activity bond within the meaning of the Code or would otherwise
cause the interest on the Bonds to be included in the gross income of the recipients thereof for
federal income tax purposes. The City acknowledges that, in the event of an examination by the
Internal Revenue Service of the exemption from Federal income taxation for interest paid on the
Bonds, under present rules, the City is treated as the "taxpayer" in such examination and agrees
that it will respond in a commercially reasonable manner to any inquiries from the Internal
Revenue Service in connection with such an examination.
The City also agrees and covenants with the purchasers and holders of the Bonds from
time to time outstanding that, to the extent possible under Illinois law, it will comply with
whatever federal tax law is adopted in the future which applies to the Bonds and affects the tax -
exempt status of the Bonds.
The City Council hereby authorizes the officials of the City responsible for issuing the
Bonds, the same being the Mayor, Clerk and Treasurer of the City, to make such further
covenants and certifications as may be necessary to assure that the use thereof will not cause the
Bonds to be arbitrage bonds and to assure that the interest on the Bonds will be exempt from
federal income taxation. In connection therewith, the City and the City Council further agree:
(a) through their officers, to make such further specific covenants, representations as shall be
truthful, and assurances as may be necessary or advisable; (b) to consult with counsel approving
the Bonds and to comply with such advice as may be given; (c) to pay to the United States, as
necessary, such sums of money representing required rebates of excess arbitrage profits relating
to the Bonds; (d) to file such forms, statements, and supporting documents as may be required
and in a timely manner; and (e) if deemed necessary or advisable by their officers, to employ and
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pay fiscal agents, financial advisors, attorneys, and other persons to assist the City in such
compliance.
Section 16. Registered Form. The City recognizes that Section 149 of the Code
requires the Bonds to be issued and to remain in fully registered form in order to be and remain
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Tax - exempt. In this connection, the City agrees that it will not take any action to permit the
Bonds to be issued in, or converted into, bearer or coupon form.
Section 17. Rights and Duties of Bond Registrar and Paying Agent. If requested by the
Bond Registrar or the Paying Agent, or both, any officer of the City is authorized to execute
standard forms of agreements between the City and the Bond Registrar or Paying Agent with
respect to the obligations and duties of the Bond Registrar or Paying Agent hereunder. In
addition to the terms of such agreements and subject to modification thereby, the Bond Registrar
and Paying Agent by acceptance of duties hereunder agree:
(a) to act as bond registrar, paying agent, authenticating agent, and transfer
agent as provided herein;
(b) as to the Bond Registrar, to maintain a list of Bondholders as set forth herein
and to furnish such list to the City upon request, but otherwise to keep such list
confidential to the extent permitted by law;
(c) as to the Bond Registrar, to give notice of redemption of Bonds as provided
herein;
(d) as to the Bond Registrar, to cancel and /or destroy Bonds which have been
paid at maturity or upon redemption or submitted for exchange or transfer;
(e) as to the Bond Registrar, to furnish the City at least annually a certificate
with respect to Bonds cancelled and /or destroyed; and
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(f) to furnish the City at least annually an audit confirmation of Bonds paid,
Bonds outstanding and payments made with respect to interest on the Bonds.
The City Clerk of the City is hereby directed to file a certified copy of this Ordinance
with the Bond Registrar and the Paying Agent.
Section 18. Continuing Disclosure Undertaking. The Mayor or the Treasurer of the
City is hereby authorized, empowered and directed to execute and deliver the Continuing
Disclosure Undertaking (the "Continuing Disclosure Undertaking") in substantially the same
form as now before the City Council, or with such changes therein as the individual executing
the Continuing Disclosure Undertaking on behalf of the City shall approve, the official's
execution thereof to constitute conclusive evidence of the approval of such changes. When the
Continuing Disclosure Undertaking is executed and delivered on behalf of the City as herein
provided, the Continuing Disclosure Undertaking will be binding on the City and the officers,
employees and agents of the City, and the officers, employees and agents of the City are hereby
authorized, empowered and directed to do all such acts and things and to execute all such
documents as may be necessary to carry out and comply with the provisions of the Continuing
Disclosure Undertaking as executed. Notwithstanding any other provision of this Ordinance, the
sole remedies for failure to comply with the Continuing Disclosure Undertaking shall be the
ability of the beneficial owner of any Bond to seek mandamus or specific performance by court
order, to cause the City to comply with its obligations under the Continuing Disclosure
Undertaking.
Section 19. Municipal Bond Insurance. In the event the payment of principal of and
interest on the Bonds is insured pursuant to a municipal bond insurance policy (a "Municipal
Bond Insurance Policy ") issued by a bond insurer (a "Bond Insurer "), and as long as such
Municipal Bond Insurance Policy shall be in full force and effect, the City and the Bond
Registrar agree to comply with such usual and reasonable provisions regarding presentment and
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payment of the Bonds, subrogation of the rights of the Bondholders to the Bond Insurer when
holding Bonds, amendment hereof, or other terms, as approved by the City Council on advice of
counsel, his or her approval to constitute full and complete acceptance by the City of such terms
and provisions under authority of this section.
Section 20. Severability. If any section, paragraph, clause or provision of this
Ordinance shall be held invalid, the invalidity of such section, paragraph, clause or provision
shall not affect any of the other provisions of this Ordinance.
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Section 21. Superseder and Effective Date. All ordinances, resolutions and orders, or
parts thereof, in conflict herewith, are to the extent of such conflict hereby superseded; and this
Ordinance shall be in full force and effect immediately upon its passage and approval.
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ADOPTED by the City Council on the 25th day of July, 2006, pursuant to a roll call vote as
follows:
JOSEPH BESCO t � � JASON LESLIE �^
JIM BOCK .� MARTY MUNNS
VALERIE BURD \ ROSE SPEARS
V
PAUL JAMES DEAN WOLFER t -A
APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, the
25th day of July, 2006.
MAYOR
PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois, the
25th day of July, 2006.
Att
CIT CLERK
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STATE OF ILLINOIS )
SS
COUNTY OF KENDALL )
CERTIFICATION OF MINUTES AND ORDINANCE
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j I, the undersigned, do hereby certify that I am the duly qualified and acting City Clerk of
the United City of Yorkville, Kendall County, Illinois (the "City "), and as such official I am the
keeper of the official journal of proceedings, books, records, minutes and files of the City and of
the City Council (the "City Council ") thereof.
I do further certify that the foregoing is a full, true and complete transcript of that portion
of the minutes of the meeting of the City Council held on the 25th day of July, 2006 insofar as
the same relates to the adoption of an ordinance, entitled:
AN ORDINANCE providing for the issuance of $1,500,000 General
Obligation Library Bonds, Series 2006, of the United City of
Yorkville, Kendall County, Illinois, and providing for the levy and
collection of a direct annual tax sufficient for the payment of the
principal of and interest on said bonds.
a true, correct and complete copy of which said ordinance as adopted at said meeting appears in
the foregoing transcript of the minutes of said meeting.
I do further certify that the deliberations of the City Council on the adoption of said
ordinance were taken openly; that the vote on the adoption of said ordinance was taken openly;
that said meeting was held at a specified time and place convenient to the public; that notice of
said meeting was duly given to all newspapers, radio or television stations and other news media
{ requesting such notice; that an agenda for said meeting was posted at the location where said
meeting was held and at the principal office of the City Council at least 96 hours in advance of
the holding of said meeting; that said agenda contained a separate specific item concerning the
proposed adoption of said ordinance; a true, correct and complete copy of said agenda as so
posted being attached to this certificate as Exhibit A; that said meeting was called and held in
strict compliance with the provisions of the Open Meetings Act of the State of Illinois, as
amended, and the Illinois Municipal Code, as amended, and that the City Council has complied
with all of the provisions' of said Act and said Code and with all of the procedural rules of the
City Council in the adoption of said ordinance.
IN WITNESS WHEREOF I hereunto affix my official signature and the seal of the City this
25th day of July, 2006.
y erk
[SEAL]
[Attach Exhibit A]
e,,
STATE OF ILLINOIS )
SS
COUNTY OF KENDALL )
CERTIFICATE OF FILING
I, the undersigned, do hereby certify that I am the duly qualified and acting County Clerk
of The County of Kendall, Illinois, and as such officer I do hereby certify that on the day of
July, 2006 there was filed in my office a properly certified copy of Ordinance Number
passed by the City Council of the United City of Yorkville, Kendall County, Illinois, on the
25th day of July, 2006 and entitled:
i
AN ORDINANCE providing for the issuance of $1,500,000 General
Obligation Library Bonds, Series 2006, of the United City of
Yorkville, Kendall County, Illinois, and providing for the levy and
collection of a direct annual tax sufficient for the payment of the
principal of and interest on said bonds.
and that the same has been deposited in, and all as appears from, the official files and records of
my office.
IN WITNESS WHEREOF I have hereunto affixed my official signature and the seal of The
County of Kendall, Illinois, this day of July, 2006.
County Clerk of The County of
Kendall, Illinois
[SEAL]
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