Loading...
HomeMy WebLinkAboutRESOLUTION - 36-88 - 5/24/1988 - SOLID WASTE AGENCY/GENERAL CLOSING CERT.RESOLUTION NO. 36-88 A RESOLUTION AUTHORIZING THE VILLAGE PRESIDENT, VILLAGE CLERK AND VILLAGE TREASURER OF THE VILLAGE OF ELK GROVE VILLAGE TO EXECUTE A GENERAL CLOSING CERTIFICATE FOR SOLID WASTE AGENCY OF NORTHERN COOK COUNTY NOW, THEREFORE, BE IT RESOLVED by the President and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and DuPage, State of Illinois: Section 1. That the Village President, Village Clerk and Village Treasurer are hereby authorized to execute and affix the Village Seal to the attached document marked: SOLID WASTE AGENCY OF NORTHERN COOK COUNTY GENERAL CLOSING CERTIFICATE OF THE VILLAGE PRESIDENT, VILLAGE CLERK AND VILLAGE TREASURER OF THE VILLAGE OF ELK GROVE VILLAGE a copy of which is attached hereto and made a part hereof as if fully set forth. Section 2. That this Resolution shall be in full force and effect from and after its passage and approval according to law. PASSED this 24th day of May 1988. APPROVED this 24th day of May 1988. Michael A. Tosto Village President pro tem ATTEST: Patricia S. Smith Village Clerk SOLID WASTE AGENCY OF NORTHERN COOK COUNTY $5,500,000 Contract Revenue and Bond Anticipation Notes, Series 1988 GENERAL CLOSING CERTIFICATE OF THE VILLAGE PRESIDENT, VILLAGE CLERK AND VILLAGE TREASURER OF THE VILLAGE OF ELK GROVE VILLAGE We, CHARLES J. ZETTEK, PATRICIA S. SMITH and GEORGE C. CONEY, certify that we are the Village President, Village Clerk and Village Treasurer, respectively, of the Village of Elk Grove Village, Illinois (the "Village"). This certificate is being delivered as an accompanying certificate to the transcript of proceedings pertaining to the issuance of $5,5000,000 aggregate principal amount of Contract Revenue and Bond Anticipation Notes, Series 1988 (the "Series 1988 Notes") being issued today by the Solid Waste Agency of Northern Cook County (the "Agency"). As such Village President, Village Clerk and Village Treasurer, we certify on behalf of the Village as set forth below (except that paragraph 4 is certified to solely by the Village Clerk and the Village Treasurer certifies only to paragraphs 14 and 15). 1. The Village was duly incorporated as a Village in 1956 under the general laws of the State of Illinois. Since such date of incorporation, the Village has continuously operated under the general laws of the State of Illinois as a Village governed by a President and Board of Trustees (the "Governing Body"). The Village is not subject to a special charter or to 05/17/88/000G4352 the Commission Form of Municipal Government, the Managerial Form of Municipal Government or the Strong Mayor Form of Municipal Government pursuant to the Illinois Municipal Code, as amended. The Village is a "home rule" unit as that term is defined in Section 6 of Article III of the 1970 Constitution of the State of Illinois, the Village having a population in excess of 25,000 and having not by referendum elected not to be a home rule unit. The population of the Village according to the 1980 census is 28,907. All of the territory comprising the Village is located in Cook and DuPage Counties, Illinois. 2. The present Governing Body is composed of a President and six duly qualified and elected Trustees, with a Village Clerk and a Village Treasurer. The names and titles of all persons holding such offices since January 1, 1988 and the dates their terms began and will end are as follows: 05/17/88/000G4352 -2- Term Term Name Title Began Ends Charles J. Zettick President 4/9/85 4/89 Joseph T. Bosslet Trustee 4/9/85 4/89 Ronald L. Chernick Trustee 4/9/85 4/89 Dennis J. Gallitano Trustee 4/9/85 4/89 Edward R. Hauser Trustee 4/7/87 4/91 James P. Petri Trustee 4/7/87 4/91 Michael A. Tosto Trustee 4/7/87 4/91 Patricia S. Smith Clerk Prior to 1/1/88 Indefinite Appointment George C. Coney Treasurer Prior to 1/1/88 Indefinite Appointment 05/17/88/000G4352 -2- All of such persons were duly elected or appointed, qualified for their respective offices and are now in lawful incumbency of their respective offices. 3. No detachments from or annexations to the Village are now pending. The aggregate assessed valuation of all taxable property in Cook and DuPage Counties included within the present boundaries of the Village, as assessed and equalized by the Department of Revenue for the year 1986, being the most recent assessment now available, is $833,844,000. There is no litigation pending or, to our knowledge, threatened relating to or concerning the boundaries of the Village. The aggregate assessed valuation in 1986 of all property annexed to the Village in annexations that have become final since December 31, 1986 does not exceed 5% of the aggregate assessed valuation of all taxable property included within the present boundaries of the Village. 4. Attached as exhibits to this Certificate are true, correct and complete copies of the following documents: (a) Exhibit A: Ordinance No. 1957, adopted April 12, 1988, entitled: "ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF AN AGREEMENT ESTABLISHING THE SOLID WASTE AGENCY OF NORTHERN COOK COUNTY AS A MUNICIPAL JOINT ACTION AGENCY AND APPROVING AND AUTHORIZING THE EXECUTION OF AN INTERIM PROJECT USE AGREEMENT" (the "Authorizing Ordinance"). 05/17/88/OOOG4352 -3- (b) Exhibit B: Minutes of the April 12, 1988 regular meeting of the Governing Body at which the Authorizing Ordinance was adopted. (c) Exhibit C: Annual Schedule of Regular Meetings for 1988. (d) Exhibit D: All bylaws, rules, regulations, general resolutions or ordinances or portions thereof, if any, of the Village in effect at any time since January 1, 1988 relating to the notice, holding and conduct of meetings of the Governing Body or to the execution of contracts or borrowing of money by the Village. If none are attached there are no such documents or portions. (e) Exhibit E: Interim Project Use Agreement (the "Interim Agreement") dated as of May 2, 1988 between the Village and the Agency, executed by the Village President and Village Clerk. 5. The Authorizing Ordinance was published in pamphlet form on April 14, 1988. A copy of the Authorizing Ordinance as so published is attached to this Certificate as Exhibit A. The Authorizing Ordinance was presented to the Village President on April 13, 1988 and signed by him on that date as evidence of his approval. 6. Other than the proceedings referred to in paragraph 4 of this Certificate, no other proceedings of the Governing Body relate to or concern in any way the Agency 05/17/88/OOOG4352 -4- Agreement, the Interim Agreement or the issuance of the Series 1988 Notes. Except as reflected in the documents referred to in paragraph 4 above, none of the ordinances, contracts or agreements referred to in paragraph 4 has been amended, modified, repealed, revoked, rescinded or otherwise changed, and each remains in full force and effect. 7. Each of the ordinances referred to in paragraph 4 of this certificate was duly adopted upon the affirmative vote of not less than a majority of all members of the Governing Body then holding office at a duly called and noticed meeting of the Governing Body at which a quorum was present and acting throughout. 8. All of the meetings of the Governing Body referred to in paragraph 4 above were open to the public, were held at times and places convenient to the public, and were called, publicized and held in accordance with the provisions of "An Act in Relation to Meetings," Ill. Rev. Stat. ch. 102, Section 41 et seg., commonly known as the Open Meetings Law. Regular meetings of the Governing Body are held on the second and fourth Tuesdays of each month beginning at 8:00 p.m. at the Council Chamber at the Village Hall in the Village. All of such meetings were regular meetings held pursuant to the Governing Body's Annual Schedule of Regular Meetings for 1988 (the "1988 Schedule"). A copy of the 1988 Schedule was posted in a prominent place at the principal offices of the Village prior to January 1, 1988 and has 05/17/88/OOOG4352 -5- remained so posted through the date of this certificate. Copies of the 1988 Schedule were supplied at the time of posting to all local news media which had submitted a request for them pursuant to law. A true and correct copy of the 1988 Schedule as so posted, mailed or delivered is attached to this certificate as Exhibit C. 9. There is no action, litigation, controversy, proceeding or referendum pending, or to our knowledge threatened: (a) questioning, affecting or relating to the corporate existence, home rule status, powers or boundaries of the Village, the participation of the Village in the Agency, or the title of any past or present officers or members of the Governing Body to their respective positions; (b) seeking to contest, restrain or enjoin the issuance, sale, execution or delivery by the Agency of the Series 1988 Notes, the authority for the Series 1988 Notes or the purpose for which the Series 1988 Notes are being issued, or the validity or enforceability of the security for the Series 1988 Notes; (c) seeking to contest the validity or enforceability of, or restrain or enjoin the execution, delivery or performance by the Village of, the Interim Agreement or the Authorizing Ordinance or contesting or affecting the proceedings under which the Authorizing Ordinance was adopted; or 05/17/88/OOOG4352 C. (d) contesting the accuracy or completeness of the information relating to the Village contained in the Official Statement of the Agency, dated May 11, 1988, relating to the Series 1988 Notes (the "Official Statement"). 10. The execution of the Interim Agreement and fulfillment by the Village of the terms of the Interim Agreement, including the promise in the Interim Agreement to pay an amount equal to a proportionate share of the principal of and interest on the Series 1988 Notes, will not conflict with, or result in any breach or violation of, any contract or agreement to which the Village is a party or any applicable judgment, order, rule or regulation of any court or public or governmental agency or authority binding upon the Village and will not violate any provision of any existing resolution or ordinance of the Village. 11. No approval, permit, consent or authorization of, or registration or filing with, any governmental or public agency, authority or person not already obtained or made is required on the part of the Village in connection with the execution and delivery of the Interim Agreement or the performance of its obligations under the Interim Agreement. 12. The Village acknowledges that it has received notice that the Agency has assigned its rights under the Interim Agreement to American National Bank and Trust Company of Chicago, Illinois, the Trustee with respect to the Series 1988 Notes (the 05/17/88/OOOG4352 -7- "Trustee"). All steps have been taken or will be taken which are required to cause payments by the Village under the Interim Agreement to be made directly to the Trustee. 13. No member of the Governing Body and no officer or managerial or supervisory employee of the Village is now or was at any time on or after January 1, 1988 either a director, officer, partner or employee of, or otherwise interested in, John Nuveen & Co. Incorporated, the purchaser of the Series 1988 Notes. 14. We have reviewed the draft, dated May 17, 1988, of the Official Statement. The portion of that draft Official Statement pertaining to the Village does not, to our knowledge, contain an untrue statement of a material fact. Furthermore, we know of no material facts omitted from the portion of the draft Official Statement referred to above which should have been stated in it in order to make the statements set forth in it, in light of the circumstances under which they were made, not misleading. 15. The indebtedness of the Village as of the date of this certificate is not materially different from that described in Appendix A to the draft Official Statement mentioned in paragraph 14. The indebtedness of the Village does not exceed any applicable limitation imposed by law, ordinance or contract. The Village is not now and has never been in default with respect to any obligations for borrowed money. 05/17/88/OOOG4352 ME 16. The seal of the Village affixed to this certificate is the official corporate seal of the Village. WITNESS our signatures and the corporate seal of the Village this May _, 1988. Michael A. Tosto Village President pro tem [SEAL] Patricia S. Smith Village Clerk George C. Coney Village Treasurer 05/17/88/000G4352 -9- I hereby certify that I am of Bank, Illinois, that I am personally acquainted with the officers whose signatures appear above, and that I know they are now the duly qualified and acting officials of Village of Elk Grove Village, Cook and DuPage Counties, Illinois, as indicated by the titles appended to those signatures. I hereby identify those signatures as being in all respects true and genuine. IN WITNESS WHEREOF, I have subscribed my official signature and impressed the corporate seal of the bank as of the date subscribed to the foregoing certificate. [AFFIX BANK SEAL HERE] O5/17/88/000G4352 -10-