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S-214 - 03/02/1971 - BOND - Ordinances WAFER 1 r1,, I CI, 1 , 'SEE ALS-0FiI,e., VG-oyLA` %gjj ORDINANCE N AL ' AN ORDINANCE authorizing and providing for the issue of ,000,000 Waterworks and Sewerage Revenue Bonds, Series 1971, of the Village of Oak Brook, DuPage County, Illinois, for the purpose of defraying part of the cost of pur- chasing a combined waterworks and sewerage system and constructing improvements and ex- tensions toIsaid system, prescribing all the details of paid bonds, and providing for the collection," segregation and distribution of the revenues of the combined waterworks and sewerage system of said Village for the pur- pose of paying the cost of the operation and maintenance thereof, providing an adequate de preciation fund therefor and paying the prin- cipal and interest of said Waterworks and Sewerage Revenue Bonds. WHEREAS, the Village of Oak Brook, DuPage County, Illinois, has heretofore found it advisable and for the best inter- est of said Village to purchase the combined waterworks and sewer- age system presently operating within the Village of Oak Brook and _ now citiried by the Oak Brook Utility Company, said waterworks to in- clude the water supply facilities consisting of three wells, having a combined capacity of approximately 35000 gallons per minute, two 250,000 gallon elevated steel water storage tanks, a waterworks distribution system consisting of more than 33 miles of water dis- tribution mains, varying in diameter from 4 inches to 16 inches, appurtenant fire hydrants, house services and water meters; and sanitary sewerage facilities to include the sewage collection sys- tem consisting of more than 34 miles of sanitary sewers varying in diameter from 4 inches to 21 inches, eleven sewage lift stations, and a sewage treatment plant with a design capacity of 2 .15 million gallons per day, manholes and house services; together with the land, easements and interests in land in connection with said com- bined waterworks and sewerage system, and all buildings, equipment, wiring, controls, and connections appurtenant thereto, which are part of the system to be acquired and necessary to the operation thereof; and WHEREAS, said Village of Oak Brook has determined that it is desirable to provide for the continuation of said waterworks and sewerage system as a combined waterworks and sewerage system and for the operation of the same as a single utility, all in ac- cordance with the provisions of Division 139 of Article 11 of the Illinois Municipal Code, approved May 29, 1961, as amended; and WHEREAS, it is deemed advisable, necessary and in the interests of public health of the Village of Oak Brook that said combined waterworks and sewerage system be improved and extended by the construction and installation of water reservoir capacity of at least one million gallons, two new wells with emergency power supply, and additional water mains to provide service to areas of the Village not presently served, and to improve the fire fighting capability of said system, and to provide for necessary inspection and repairs to the sanitary sewers to reduce storm water infiltra- tion, together with all necessary connections and appurtenances required to make said improvements and extensions an integral part of the combined waterworks and sewerage system of said Village, all in accordance with the preliminary plans and specifications therefor heretofore approved by the President and Board of Trustees of said Village and now on file in the office of the Village Clerk for public inspection; and WHEREAS, the total estimated cost of purchasing said existing combined waterworks and sewerage system and constructing such improvements and extensions, including all engineering costs, legal fees, bond discount, interest during the period of construc- tion of the improvements and extensions, cost of acquiring necessary -2- land, and contingencies, as prepared by the engineers employed for that purpose, is the sum of $6,000,0009 and WHEREAS, the Village of Oak Brook does not have funds available for said purpose and proposes to issue general obligation bonds to pay a portion of the cost, and in order to raise the bal- ance of the funds required, it will be necessary for the Village to borrow the sum of $4,000,000 and in evidence thereof issue its Waterworks and Sewerage Revenue Bonds in said amount for the purpose of paying the cost of purchasing said combined waterworks and sewer- age system and constructing said improvements and extensions to said system, all in accordance with the provisions of Division 139 of Article 11 of the Illinois Municipal Code, as amended: NOW, THEREFORE, Be It and It Is Hereby Ordained by the President and Board of Trustees of the Village of Oak Brook, DuPage County, Illinois, as follows: Section 1. That it is considered for the best interests of the Village of Oak Brook, DuPage County, Illinois, that said Village purchase the combined waterworks and sewerage system pres- ently operating within said Village and now owned by the Oak Brook Utility Company and construct improvements and extensions to said combined system, all as described in the preambles of this ordinance, and all in accordance with the preliminary plans and specifications therefor heretofore approved by the President and Board of Trustees of said Village and now on file in the office of the Village Clerk for public inspection, and that said combined waterworks and sewer- age system continue to be operated as a single utility, in accord- ance with the provisions of Division 139 of Article 11 of the Illinois Municipal Code, as amended. Section 2. That this President and Board of Trustees has -3- %mow �s heretofore estimated and does hereby estimate that the cost of pur- chasing said combined waterworks and sewerage system and construct- ing said improvements and extensions, as set out in the preambles of this ordinance, is the sum of $6,000,000. Section 3. That the Village does not have sufficient funds on hand available to pay the cost of purchasing said combined waterworks and sewerage system and constructing such improvements and extensions, and that it will require the issuance by said Vil- lage of Waterworks and Sewerage Revenue Bonds in the principal amount of $4,000,000. Section 4. That the President and Board of Trustees do hereby determine the period of usefulness of such combined water- works and sewerage system, and the improvements and extensions to be made thereto, to be forty (40) years from the date of the bonds herein authorized to be issued. Section 5. That for the purpose of defraying part of the cost of purchasing said combined waterworks and sewerage system and constructing said improvements and extensions referred to above, there be issued revenue bonds of said Village of Oak Brook in the principal amount of $4,000,000, each to be designated "Waterworks and Sewerage Revenue Bond, Series 1971", said bonds to be dated May 1, 1971, be of the denomination of $5,000 each, be numbered consecutively from 1 to 800, inclusive, bear interest at the rate of not to exceed seven per cent (7%) per annum, payable November 1, 1971, and semiannually thereafter on the first days of May and November in each year until paid, said bonds to mature serially on May 1 of each of the years and in the amounts as follows (subject to the right of prior redemption hereinafter recited) . -4- Principal Amount Maturity $ 50,000 1976 and 1977 753000 1978 and 1979 100,000 1980 to 1983, inclusive 1255000 198+ to 1986, inclusive 150,000 1987 to 1989, inclusive 175,000 1990 and 1991 2003000 1992 and 1993 2253000 1994 and 1995 250,000 1996 and 1997 2753000 1998 to 2000, inclusive provided, however, that of said bonds, bonds numbered 206 to 800, inclusive, maturing on May 1 of each of the years 1987 to 2000, inclusive, shall be subject to redemption and payment prior to their maturity at the option of the Village, in whole or in part, from time to time through the use of revenues only, on any interest payment date on or after May 1, 1986, and redeemable only as a whole from any funds that may be made available for such purpose on any date on or after May 1, 1986, at par and accrued interest to date of redemption. If less than all of said bonds are called for redemption at any time, they shall be called in the inverse order of their maturity and by lot within a maturity if less than a whole maturity is redeemed. Written notice of its option to redeem any or all of said bonds shall be given by the Village to the holder of each such bond called for redemption, if known, by registered mail at least thirty (30) days prior to the date of redemption, or if the holders of any such bonds are unknown, then notice of redemption shall be given by publication of such notice at least once not less than thirty (30) days prior to the date of redemption in The Bond Buyer, published in the City of New York, New York, or in the event it ceases publication then in one financial newspaper published and of general circulation in the City of Chicago, Illinois, or in the City of New York, New York. Such notice of redemption shall _5_ j i i designate the date and place of redemption of said bonds, which shall be at the paying agent to be hereafter designated, shall designate the serial number and the aggregate principal amount of the bonds to be redeemed, and shall indicate that on the designated date of redemption said bonds will be redeemed by payment of the principal thereof and accrued interest thereon, and that from and after the designated redemption date interest in respect of said bonds so called for redemption shall cease. Section 6. That both principal of and interest on said Waterworks and Sewerage Revenue Bonds, Series 1971, shall be pay- able in lawful money of the United States of America at such bank or trust company as may hereafter be agreed upon between the pur- chaser of said bonds and the President and Board of Trustees of said Village . Said bonds shall be signed by the President, sealed with the corporate seal of said Village, and attested by the Vil- lage Clerk, and the interest coupons attached to said bonds shall be executed by the facsimile signatures of said President and said Village Clerk, and said officials, by the execution of said bonds, shall adopt as and for their own proper signatures their respec- tive facsimile signatures appearing on said coupons. Said bonds, together with interest thereon, shall be payable solely from the revenues derived from the combined water- works and sewerage system of said Village, including all improve- ments and extensions thereto, and such bonds shall not in any event constitute an indebtedness of said Village within the meaning of any constitutional provision or any constitutional or statutory limitation. Any of said bonds may be registered at the option of the holder as to principal only, at any time- prior to maturity, in the -6- name of the holder, on the books of said Village in the office of the Village Treasurer, such registration to be noted on the reverse side of the bonds by the Village Treasurer, and thereafter the principal of such registered bonds shall be payable only to the registered holder, his legal representatives or assigns . Such registered bonds may be transferable to another registered holder or back to bearer only upon presentation to the Village Treasurer with a legal assignment duly acknowledged or approved. Registra- tion of any of such bonds shall not affect the negotiability of the coupons thereto attached, but such coupons shall be transferable by delivery merely. Section 7. That said bonds and coupons attached thereto shall be in substantially the following form: (Form of Bond) UNITED STATES OF AMERICA STATE OF ILLINOIS COUNTY OF DU PAGE VILLAGE OF OAK BROOK WATERWORKS AND SEWERAGE REVENUE BOND, SERIES 1971 Number $5,000 KNOW ALL MEN BY THESE PRESENTS, that the Village of Oak Brook, DuPage County, Illinois, for value received hereby promises to pay to bearer, or if this bond be registered as to principal, as hereinafter provided, then to the registered holder hereof, solely from the Waterworks and Sewerage Fund of said Vil- lage of Oak Brook, as hereinafter mentioned and not otherwise, the sum of FIVE THOUSAND DOLLARS ($5,000) on May 1, 19 , together with interest on such principal sum from the date hereof until paid at the rate of per cent ( g6) per annum, payable _7- November 1, 1971, and semiannually thereafter on May 1 and November 1 in each year, upon presentation and surrender of the interest coupons hereto attached as they severally become due. Both principal of and interest on this bond are hereby made payable in lawful money of the United States of America at This bond and the series of which it forms a part is pay- able solely from revenues derived from the combined waterworks and sewerage system of said Village and not otherwise, and is issued under authority of Division 139 of Article 11 of the Illinois Munic- ipal Code, approved May 29, 1961, and all laws amendatory thereof and supplementary thereto, for the purpose of paying part of the cost of purchasing a combined waterworks and sewerage system and constructing necessary improvements and extensions to said system, and this bond does not constitute an indebtedness of said Village within any constitutional or statutory limitation. This bond is one of an authorized issue of Four Million Dollars ($4,000,000), numbered from 1 to 800, inclusive, of the denomination of Five Thousand Dollars ($5,000) each, of like date and tenor except as to maturity, rate of interest and privilege of redemption, and of said bonds, bonds numbered 206 to 800, inclusive, maturing on May 1 of each of the years 1987 to 2000, inclusive, are redeemable prior to maturity at the option of the Village, in whole or in part, from time to time through the use of revenues only, on any interest payment date on or after May 1, 1986, and redeemable only as a whole from any funds that may be made available for such purpose on any date on or after May 1, 1986, at par and accrued in- terest to date of redemption. If less than all of said bonds are -8- called for redemption at any time, they shall be called in the in- verse order of their maturity and by lot within a maturity if less than a whole maturity is redeemed. Notice of the redemption of any or all of said bonds which by their terms shall have become subject to redemption shall be given by the Village to the holder thereof, if known, by registered mail at least thirty (30) days prior to the date of redemption, or if the holder thereof be unknown, such notice shall be published at least once not less than thirty (30) days prior to the date of redemption in The Bond Buyer, published in the City of New York, New York, or in the event it ceases publication then in one financial newspaper published and of general circulation in the City of Chicago, Illinois, or in the City of New York, New York. When any or all of said bonds which by their terms have be- come subject to redemption and payment prior to their maturity shall have been called for redemption, and payment made or provided for, interest thereon shall cease from and after the date so specified. Under said Code and the ordinance adopted pursuant there- to, authorizing the issuance of this bond and the series of which it forms a part, the revenues from the operation of the combined waterworks and sewerage system of said Village shall be deposited in a separate fund designated as the "Waterworks and Sewerage Fund of the Village of Oak Brook", which shall be used only and is here- by pledged for paying the cost of operation and maintenance of said combined system, providing an adequate depreciation fund and paying the principal of and interest on the bonds of said Village that are issued under the authority of said Code and are payable by their terms only from the revenues of said combined waterworks and sewer- age system, and in making all payments required to maintain the accounts created under the terms of the ordinance pursuant to which -9- this bond is issued. The rights and obligations of the Village and of the holders of the bonds may from time to time be modified or amended by a supplemental ordinance adopted by the President and Board of Trustees with the written consent of the holders of not less than two-thirds (2/3rds) of the principal amount of all the bonds auth- orized by this ordinance and all bonds hereafter issued on a parity therewith, then outstanding (excluding any of said bonds owned by or under the control of the Village) ; provided, however, that no such modification or amendment shall extend or change the maturity of, or date of redemption prior to maturity, or reduce the interest rate on, or otherwise alter or impair the obligation of the Village to pay the principal of and interest on the bonds herein authorized at the time, place and at the rate and in the currency provided therein of any bond herein authorized then outstanding, without the express consent of the holder of such bond , nor shall any such modification or amendment permit the creation of a preference or priority of any bond or bonds over any other bond or bonds, nor reduce the percentage of the holders of outstanding bonds required for the written consent to such modification or amendment. It is hereby certified and recited that all acts, condi- tions and things required to be done precedent to and in the issu- ance of this bond, have been done and have happened and have been performed in regular and due form of law, and that provision has been made for depositing in said Waterworks and Sewerage Fund the revenues received from the operation of said combined waterworks and sewerage system to be applied in the manner as hereinabove set forth, and said Village hereby covenants and agrees that it will fix and maintain rates for the use and service of said combined -10- waterworks and sewerage system, and collect and account for the revenues from said combined waterworks and sewerage system, suffi- cient at all times to pay the cost of maintenance and operation of said combined system, provide an adequate depreciation fund, and to promptly pay principal of and interest on all bonds issued by said Village which by their terms are payable solely from the revenues of said combined waterworks and sewerage system, and to comply with all of the covenants of the ordinance under which this bond and the series of which it forms a part were issued. This bond may be registered as to principal only in the name of the holder on the books of said Village in the office of the Village Treasurer, such registration to be evidenced by nota- tion of said Treasurer on the back hereof, after which no transfer hereof shall be valid unless made on said books and similarly noted hereon, but it may be discharged from such registration by being transferred to bearer, after which it shall be transferable by de- livery, but it may be again registered as before. The registra- tion of this bond shall not restrict the negotiability of the cou- pons by delivery merely. IN WITNESS WHEREOF, the Village of Oak Brook, DuPage County, Illinois, by its President and Board of Trustees, has caused this bond to be signed by its President, its corporate seal to be hereto affixed and attested by the Village Clerk, and the coupons hereto attached to be signed by the facsimile signatures of said President and said Village Clerk, which officials, by the execution of this bond, do adopt as and for their own proper signatures their respective facsimile signatures appearing on said coupons, and this bond to be dated as of the first day of -11- S-a1 May, 1971. President, Village of Oak Brook, DuPage County, Illinois . Attest : Village Clerk, Village of Oak Brook, DuPage County, Illinois . (Form of Coupon) Number $ On the first day of , 19 , *(unless the bond to which this coupon is attached has been called for payment prior to said date as therein provided for and payment made or provided for) , the Village of Oak Brook, DuPage County, Illinois, will pay to bearer out of the Waterworks and Sewerage Fund of said Village Dollars ($ ) in lawful money of the United States of America, at , in the , being interest then due on its Waterworks and Sewerage Revenue Bond, Series 1971, dated May 1, 1971, Number President, Village of ak Brook, DuPage County, Illinois. Attest : Village Clerk., Village of Oak Brook, DuPage County, Illinois . *(The clause within the parenthesis appearing in the form of in- terest coupon shall be inserted in all coupons attached to bonds numbered 206 to 800, inclusive, representing interest maturing after the optional date of the bond to which it is attached. ) -12- (Form for Registration) Date of Signature of Registration In Whose Name Registered Village Treasurer Section 8. That upon the issuance of any of the Water- works and Sewerage Revenue Bonds, Series 1971, herein provided for, the entire combined municipal waterworks and sewerage system (some- times hereinafter referred to as the "system") of said Village of Oak Brook, for the purpose of this ordinance, shall be operated on a fiscal year basis commencing the first day of May and ending the last day of April of each succeeding year. From and after the de- livery of any bonds issued under the provisions of this ordinance, all the revenues from any source whatsoever derived from the opera- tion of the combined waterworks and sewerage system of said Village of Oak Brook, including all future improvements and extensions thereof, shall be set aside as collected and be deposited in a separate fund which is hereby created to be designated as the "Waterworks and Sewerage Fund of the Village of Oak Brook", which shall constitute a trust fund for the sole purpose of carrying out the covenants, terms and conditions of this ordinance, and shall be used only in paying the reasonable cost of operation and main- tenance of said combined waterworks and sewerage system, providing an adequate depreciation fund, and paying the principal of and interest upon all revenue bonds of said Village of Oak Brook which by their terms are payable solely from the revenues derived from the combined waterworks and sewerage system of said Village, and for the creation and expenditure of the respective accounts here- inafter provided for. -13- i Section 9. That there be and there are hereby created and established separate special accounts to be designated sev- erally "Operation and Maintenance Account", "Bond and Interest Account", "Bond Reserve Account", "Depreciation, Improvement and Extension Account", and "Surplus Revenue Account", into which there shall be set aside on the first business day of each month without any further official action or direction all moneys held in the Waterworks and Sewerage Fund of said Village, in accordance with the following priority: (a) There shall be credited to the Operation and Main- tenance Account on the first business day of each month an amount sufficient to pay the reasonable expense of operation and maintenance of said com- bined waterworks and sewerage system for the next succeeding month, including, without limiting the generality of the foregoing, salaries, wages, costs of materials, supplies, insurance and power, and including one-twelfth of all such expenses computed on an annual basis. (b) Beginning on the first day of the month following delivery of the bonds herein authorized, there next shall be deposited in the Bond and Interest Account the entire balance of the revenues until the amount of interest due up to November 1, 1971 has been deposited in said account, and from and after November 1, 1971, on the first business day of each month, there shall be deposited in the Bond and Interest Account an amount at least equal to one-fifth of the interest becoming due on all outstanding bonds authorized pursuant to this ordi- nance and including the interest to become due on all bonds hereafter issued and on a parity with the bonds herein authorized, until there is on hand in said account the full amount of the interest payable on the next succeeding interest payment date, and beginning on May 1, 1975 there shall be deposited in the Bond and Interest Account on the first business day of each month an amount at least equal to one-tenth of the principal of all of said bonds authorized herein and including bonds here- after issued and on a parity with the bonds herein authorized until there is on hand in said account the full amount of the principal becoming due on the next succeeding principal maturity date. Payments into the Bond and Interest Account may be suspended in any fiscal year at such time as there -14- S-;4i shall be. sufficient money in said account to pay principal and interest due on the next payment date, but such payments shall again be resumed at the beginning of the new fiscal year. All moneys in said account shall be used only for the purpose of paying interest and principal on the bonds hereby authorized, and including such bonds as may be hereafter issued and on a parity with the bonds herein authorized. Any and all sums received from the purchaser of the bonds as accrued interest thereon to date of delivery, shall be paid into said Bond and Interest Account, and in addition thereto, from the proceeds derived from the sale of said bonds, there shall be paid into said account the amount of $58,550 to pay interest on said bonds herein authorized during the time estimated to be necessary to complete the construction of the im- provements and extensions to the combined water- works and sewerage system. Funds to pay all of said principal and interest, together with the fees and expenses of the paying agent for said bonds, shall be remitted to said paying agent at least fifteen (15) days prior to the date of said principal or interest; provided that all fiscal agency fees shall be paid from the Operation and Maintenance Account . (c) Beginning on the first day of the month following delivery of the bonds herein authorized, there shall be deposited in the Bond Reserve Account on the first business day of each month the sum of $3,000 each month until all of the bonds herein authorized have been paid or provision made for their payment . Moneys in said Bond Reserve Account shall be re- tained and used only for the payment of principal of or interest on all bonds of said Village auth- orized pursuant to this ordinance and including such bonds as may be hereafter issued and on a parity with the bonds herein authorized at any time when there are insufficient funds available in the Bond and Interest Account to pay such prin- cipal of or interest on such bonds as the same become due. Provided, however, that whenever the balance in said account is equal to the maximum principal and interest requirements on all of said outstanding bonds and parity bonds for any succeed- ing fiscal year, any surplus over and above said maximum amount, in the discretion of the President and Board of Trustees, may be transferred to the Depreciation, Improvement and Extension Account, or to the Surplus Revenue Account, or may be used for calling and redeeming bonds prior to their ma- turity, or for purchasing on the open market at not more than par and accrued interest any of the bonds -15- which are payable from the revenues of the system. No bonds shall be purchased within the sixty (60) days immediately prior to the next succeeding re- demption date of any bonds, and all such bonds pur- chased or redeemed shall be cancelled. (d) Beginning on December 1, 1971, there shall next be credited to the Depreciation, Improvement and Ex- tension Account on the first business day of each month the sum of $4,000 each month, or such greater amount as may be designated from time to time by the President and Board of Trustees . The moneys in said account shall be used first to provide an adequate allowance for depreciation as shall be determined from time to time by the Pres- ident and Board of Trustees, and may be used from time to time to pay for any extraordinary mainten- ance, repairs and necessary replacements, or if not so needed, for improvement or extension of the system. Said funds shall be used at any time to pay principal of or interest upon any outstanding bonds payable from the system whenever there are no other funds available to pay the same; provided, however, that from and after such time as said account aggregates the sum of $400,000, any sums in excess thereof may be transferred to the Bond Reserve Account or to the Surplus Revenue Account at the discretion of the President and Board of Trustees. (e) In the event that in any month there are insuffi- cient moneys in the Waterworks and Sewerage Fund to make the required monthly credits to any of the foregoing accounts (a) , (b) , (c) or (d) , then the amount of such deficiency shall be added to the requirements for the succeeding month and made up in the priority in which said funds are herein listed. (f) All revenues remaining in the Waterworks and Sewer- , age Fund, after all credits and payments have been made to the respective accounts herein provided for, shall at the end of each fiscal year be credited to the Surplus Revenue Account and the amount so credited shall be held and used for the following purposes : (1) For making up any deficiency necessary to credit accounts (a) to (d) , inclusive, with the required amounts therefor for each fiscal year as hereinabove provided. (2) For paying principal of or interest on any junior lien bonds (subordinate issue) . (3) For any lawful corporate purpose. -16- (g) Moneys remaining in any of the accounts herein- above created may by resolution of the President and Board of Trustees be invested from time to time in direct obligations of the United States Government, maturing not later than the earliest date on which it is estimated the moneys in said accounts will be needed, but in no event later than five (5) years from the date of such invest- ment. Such securities shall be sold from time to time without further authority of the President and Board of Trustees as moneys may be needed for the purpose for which said accounts have been created. All accrued interest on any moneys so invested shall first be credited to the Waterworks and Sewerage Fund of said Village and then credited to the account for which the investment was made. All uninvested money on hand shall be deposited in banks selected as depositaries by the President and Board of Trustees from time to time so as to be available when needed. Such bank accounts shall be separate from all other Village accounts, provided that all money in the Waterworks and Sewerage Fund may be deposited in a single bank account, except money in accounts (b) and (c) thereof, which shall be deposited in one or more separate bank accounts . Section 10. That the Village of Oak Brook covenants and agrees with the holders of said bonds and coupons hereby authorized that, so long as the bonds or any of them remain outstanding and unpaid, either as to principal or interests (a) That the Village will maintain said combined water- works and sewerage system, and all improvements and extensions thereto, in good repair and working order, will operate the same efficiently and faithfully, and will punctually perform all duties with respect thereto required by the Constitution and laws of the State of Illinois . (b) That the Village will establish and maintain at all times reasonable fees, charges and rates for all users of the service of said system, and provide for the collection thereof and for the segregation and application of the revenues of said system in the manner provided by this ordinance, and suffi- cient at all times to pay the reasonable costs of operation and maintenance, to pay the interest of and principal on all revenue bonds of said Village which by their terms are payable from the revenues of said system, and to provide for the creation and maintenance of the respective accounts as provided -17- in Section 9 of this ordinance, and from time to time make all needful and proper repairs, re- placements, additions and betterments thereto, so that it may at all times be operated properly and advant&geously, and when any equipment or fa- cility shall have been worn out, destroyed or otherwise is insufficient for proper use, it shall be promptly replaced or repaired so that the value And efficiency of said system shall be at all Mmes fully maintained. Charges for service ren- dered the Village shall be made against the said Village, and payment for the same from the cor- porate funds shall be made monthly into the Water- works and Sewerage Fund created by this ordinance, as revenues derived from the operation of the combined waterworks and sewerage system, in the same manner as other revenues are required to be deposited; provided, however, that the Village need not charge itself for water and sewer service so long as the revenues of the system are other- wise adequate to meet all the requirements of this ordinance. No free service of the system shall be furnished to any persons, firm, organization, or corporation, public or private, and to the extent permitted by law it is expressly herein covenanted that said Village will not grant a franchise for the operation of any other or com- peting waterworks system or sewerage system or combination thereof within the Village of Oak Brook and that the bonds herein authorized to be executed shall constitute legally enforceable liens on the revenues of the combined waterworks and sewerage system of said Village, including all further extensions, additions and improvements thereto, whether acquired through purchase, con- tract or otherwise . (c) That the Village will establish such rules and regulations for the control and operation of said system necessary for the efficient and economical operation thereof, and rates and charges shall be fixed and revised from time to time as may be necessary to produce funds sufficient for all pur- poses herein provided until all of the bonds auth- orized by this ordinance have been paid in full, both as to principal and interest. (d) That the Village will make and keep proper books and accounts (separate and apart from all other records and accounts of said Village) in which complete entries shall be made of all transactions relating to said system, and hereby covenants that within ninety (90) days following the close of each fiscal year it will cause the books and accounts of said system to be audited annually by independent certified public accountants showing the receipts and disbursements on account of said system, and -18- that said audit will be available for inspection by the holders of any of the bonds . Each such audit, in addition to whatever matters may be thought proper by the accountants to be included therein, shall, without limiting the generality of the foregoing, include the following: (1) A statement in detail of the income and ex- penditures of the system for such fiscal year, and including credits to the various accounts provided herein. (2) A balance sheet as of the end of such fiscal year. (3) The accountant's comment regarding the mariner in which the Village has carried out the accounting requirements of this ordinance, and the accountant 's recommendations for any changes or improvements in the operation of the system. (4) A list of all the insurance policies in force at the end of the fiscal year, setting out as to each policy the amount of the policy, the risks covered, the name of the insurer, and the expiration date of the policy. (5) The number of sewer customers served by the system at the end of the year, the number of metered water customers and the number of unmetered water customers at the end of the year and the quantity of water pumped. All expenses incurred in the making of the audit required by this section shall be regarded and paid as an operation and maintenance expense, and it is further covenanted and agreed that a copy of each such audit shall be furnished upon comple- tion to the original purchaser of the bonds herein authorized, and a summary thereof shall be furnished to any bondholder on request . In addition, state- ments of revenues and expenditures of the system shall be furnished to the President and Board of Trustees at least quarterly during each fiscal year, and a copy of such statement shall be furnished to the original purchaser of the bonds herein author- ized, and shall also be furnished to any bondholder upon request. (e) That so long as any of the bonds authorized here- under are outstanding the Village will not sell, lease, loan, mortgage, or in any manner dispose of or encumber said system (subject to the reserved right of said Village to issue additional obliga- tions as provided in Section 11 hereof) , or any improvements and extensions thereto, until all of -19- said bends hereby authorized shall be paid in full, Both principal and interest, or unless and un'�il provision shall have been made for the payment thereof; provided, however, that this covenant shall not prevent said Village from dispo,.ing of any property which in the judgment of the President and Board of Trustees is no longer useful or profitable in the operation of said system, nor essential to the continued op- eration of said system. Provided, further, that this covenant shall not prevent said Village from disposing of its sewage treatment facilities in the event that adequate sewage treatment can be provided by another municipal corporation, and if the earnings of the remaining system will continue to be adequate to meet the requirements of this ordinance, as determined from the audit for the last completed fiscal year adjusted by an independent consulting engineer to reflect the change in operations and the rates then in effect. The proceeds from the sale of any property shall be credited to the Depreciation, Improvement and Extension Account hereinabove established in Sec- tion 9 of this ordinance. (f) That the provisions of this ordinance shall con- stitute a contract between the Village and the holders of the bonds authorized to be issued, and any holder of a bond or bonds, or any of the coupons of any bond or bonds, issued hereunder, may either in law or equity, by suit, action, mandamus or other proceedings, enforce or compel performance by the officials of said Village of all duties re- quired by law and by this ordinance, including the making and collecting of sufficient charges and rates for the water and sewerage services supplied by said system, and the application of the income and revenue therefrom. (g) That the Village will carry insurance on said sys- tem of the kinds and in the amounts which are usually carried by private parties operating sim- ilar properties, including, without limiting the generality of the foregoing, fire, windstorm insur- ance, public liability, and all additional insurance covering such risks as shall be recommended by a competent consulting engineer employed for the pur- pose of making such recommendation, and all moneys received for loss under such insurance policies shall be deposited in the Depreciation, Improvement and Extension Account, and used in making good the loss or damage in respect of which they were paid, either by repairing the property damaged or replac- ing the property destroyed and provision for making good such loss or damage shall be made within ninety (90) days from date of loss . The payment of premiums -20- for all insurance policies required under the prov1sions of this covenant shall be considered an oleration and maintenance expense . The proceeds derived from any and all policies for public liability shall be credited to the Operation and Maintenance Account and used in paying the claims on account of which they were received. Section 11. It is hereby covenanted and agreed that, while any of the bonds issued hereunder are outstanding, the Village will not issue any other bonds or obligations of any kind or nature having a pledge on the revenues of the system which is prior to the lien on such revenues of the bonds herein authorized. (a) Said Village reserves the right to issue at one time, or from time to time, as shall be found necessary and for the best interest of said Vil- lage by the President and Board of Trustees, additional bonds on a parity with the bonds auth- orized hereunder for the purpose of constructing improvements, replacements and extensions of the combined system, or for the acquisition of addi- tional waterworks and sewerage systems, or any combination thereof, or for the purpose of re- funding any of the Waterworks and Sewerage Rev- enue Bonds of the Village, or for any combination of such purposes, but only provided the Village shall have complied with the following require- ments : (1) The amounts required to have been credited to the respective accounts (a) to (d), in- clusive, of Section 9 of this ordinance, up to the date of authorization of said addi- tional bonds shall have been credited to said respective accounts; and (2) The net revenues of the system for the fiscal year then next preceding, or the adjusted net revenues of the system for the next preceding fiscal years, if such revenues are adjusted as herein provided, have been equal to not less than one hundred thirty-five per cent (135 ) of the maximum combined principal and interest requirements for any succeeding fiscal year during the life of the then outstanding bonds, of - (i) all bonds then outstanding payable from the revenues to be derived from the -21- operation of the system, and (ii) on the additional revenue bonds then proposed to be issued. Net revenues for the purpose of this sub- paragraph (2) shall mean the gross revenues of the system less the actual costs of op- eration and maintenance before making pro- vision for depreciation or other accounts as required by this ordinance for such fiscal year or years, and shall be evidenced by an audit of an independent certified public ac- countant . Principal and interest requirements shall include principal and interest due May 1 as a requirement of the fiscal year ending April 30 immediately preceding such May 1 ma- turities . In the event there shall have been a change in the rates of the system from the rates in effect for the immediately preceding fiscal year, which change is in effect at the time of the issuance of any such additional bonds, then the net revenues as provided in this sub- paragraph (2) shall be adjusted to reflect the net revenues of the system for the immediately preceding fiscal year as they would have been had said then existing rates been in effect during all of said year. Any such adjusted net revenues shall be evidenced by the cer- tificate of a certified public accountant or an independent consulting engineer employed for that purpose, which certificate shall be approved by the President and Board of Trustees prior to issuance of the additional bonds and filed with the Village Clerk upon its approval. (b) Notwithstanding the foregoing provisions, the Village reserves the further right to issue bonds to refund any of these bonds, or bonds on a parity therewith, provided they are issued to refund bonds due within three (3) months of the date of refunding and for the Payment of which no other funds are or will be avail- able at the maturity thereof. (c) Any additional bonds issued as parity bonds shall be on an equal basis in all respects with the bonds herein authorized, shall share ratably and equally in the revenues of said system, and shall mature as to principal on May 1, and as to interest on May 1 and November 1. Section 12. The rights and obligations of the Village and of the holders of the bonds may from time to time be modified or -22- amended by a supplemental ordinance adopted by the President and Board of Trustees with the written consent of the holders of not less than two-thirds (2/3rds) of the principal amount of all of the bonds authorized by this ordinance, and all bonds hereafter issued on a parity therewith, then outstanding (excluding any of said bonds owned by or under the control of the Village) ; provided, however, that no such modification or amendment shall extend or change the maturity of or date of redemption prior to maturity, or reduce the interest rate on, or otherwise alter or impair the obligation of the Village to pay the principal of and interest on the bonds here- in authorized, at the time, place and at the rate, and in the cur- rency, provided therein of any bond herein authorized then outstand- ing, without the express consent of the holder of such bond, nor shall any such modification or amendment permit the creation of a preference or priority of any bond or bonds over any other bond or bonds, nor reduce the percentage of the holders of outstanding bonds required for the written consent of such modification or amendment . Each such consent must be accompanied by proof of ownership of the bonds for which consent is given, which proof must be in a form approved by the President and Board of Trustees, and each such con- sent and proof of ownership must be on file with the Village Clerk prior to the adoption of such modifying or amendatory ordinance. Section 13. That as soon after this ordinance becomes effective as may be, the bonds herein authorized shall be sold by the President and Board of Trustees in such manner as they may here- after determine; provided, however, that if the acceptable bidder offers to purchase said bonds bearing interest at a lesser rate than the maximum interest rate hereinabove prescribed in this ordinance, then the President and Board of Trustees shall, upon making the -23- award of sale of said bonds to such bidder, adopt a resolution re- ducing the interest rates on such bonds in accordance with the terms of the acceptable bid, and such rate or rates being less than the rate hereinabove prescribed in this ordinance, and such bonds shall thereafter be prepared bearing interest at such reduced interest rates in accordance with the resolution confirming sale thereof, and after the execution of said bonds in the manner as herein pro- vided, the same shall then be delivered to the Treasurer of the Village and be by him delivered to the purchaser thereof upon re- ceipt of the purchase price therefor. The resolution to be adopted, and awarding the contract for the sale of said bonds to the pur- chaser thereof, shall also designate the bank at which the bonds and interest coupons will be payable. Section 14. The proceeds received as principal from the sale of the Waterworks and Sewerage Revenue Bonds, Series 1971, authorized by the terms of this ordinance, together with the pro- ceeds of sale of the $2,000,000 general obligation bonds to be auth- orized, shall be placed in a separate bank account to be designated the "Waterworks and Sewerage System Acquisition and Construction Fund Account of the Village of Oak Brook", and shall be deposited in a bank or banks to be hereafter designated by the President and Board of Trustees of the Village of Oak Brook as depository , for the funds of said account XXXXXXXXXXXXXXXXXR�T�dI� XX �1dXT�3�X� �X�XL1tX$1�X�IdX�g'X � 7dXE�$R Simultaneously with the delivery of said bonds, the sum of $ 5,163 ,851.00 shall be disbursed for the purpose of acquiring the combined waterworks and sewerage system now owned by the Oak Brook Utility Company and the necessary land. The accrued interest and the sum of $5$,550, repre- senting interest on said bonds for the estimated period of con- struction of the proposed improvements and extensions, shall be -24- deposited in the Bond and Interest Account herein established, and the balance of said funds shall be held and used solely to construct the improvements and extensions to the combined waterworks and sewer- age system of said Village, all as herein provided for in the pre- ambles of this ordinance . The funds in said account shall be held for the benefit of said Village for the purposes herein provided, and for the benefit of the holder or holders of the bonds hereby authorized as their interest may appear, and said funds shall be withdrawn from said Depositary from time to time by the Treasurer of the Village only upon submission by him to said Depositary of the following: (a) A duplicate copy of the order signed by the Pres- ident and Clerk, or such other officers that may from time to time be by law authorized to sign and countersign orders on the Treasurer of the Village, stating specifically the purpose for which the order is issued and indicating that the payment for which the order is issued has been approved by the President and Board of Trustees of said Village; and (b) Each withdrawal of funds by the Treasurer for pay- ment to a contractor or contractors for work done in connection with the construction of said project shall also be accompanied by a certificate executed by the engineer in charge of the construction of such improvements and extensions, stating the nature of the work completed and the amount due and payable thereon. Within sixty (60) days after completion of the work in ac- cordance with plans and specifications therefor, as herein referred to, and as heretofore approved by the President and Board of Trus- tees of said Village, and after all costs have been paid in connec- tion with the construction thereof, the engineers shall certify to the President and Board of Trustees of the Village the fact that the work has been completed according to said plans and specifications, -25- and upon approval of the completion of the work based upon the engineer' s certificate by the President and Board of Trustees, and after all costs have been paid, the President, Village Clerk and Engineer shall execute a certificate and file it with the Depositary certifying that the work has been completed in accordance with the said plans and specifications, that all costs have been paid, and if at that time any funds remain in said Waterworks and Sewerage System Acquisition and Construction Fund Account the same shall be transmitted by said Depositary to the Treasurer of said Village and said Treasurer shall credit said funds to the Depreciation, Improve- ment and Extension Account . The cost of engineering, legal and financial services, the cost of surveys, designs, soundings, borings, rights of way, and all other necessary and incidental expenses, shall be deemed items of cost of construction of the project. Section 15. If any section, paragraph, clause or provi- sion 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. Section 16. All ordinances, resolutions or orders, or parts thereof, in conflict with the provisions of this ordinance, are to the extent of such conflict hereby repealed. Section 17. This ordinance after its passage by the President and Board of Trustees shall be published once in the Oak Brook Doings, being a newspaper published in and having a gen- eral circulation in the Village of Oak Brook, Illinois, and if no petition be filed with the Clerk of said Village within twenty-one (21) days after the publication of this ordinance, by fifteen per cent (15%) of the voters voting for President of said Village at the -26- last preceding general municipal election, requesting the submission of the proposition of issuing bonds herein provided for, then this ordinance shall be in full force and effect . Introduced: .�- ?_, 1971• Passed: 1971• Approved: �G�'�a-- ✓v �iS may, 1971• S rest ent Attest: L. Village Cleric PUBLISHER'S CERTIFICATE THIS IS TO CERTIFY That the notice, a true copy of which is attached to this certificate, was published in THE OAK BROOK DOINGS once each week for ---------------------------One------._...__-------- ---------- weeks successively; that the date of the first publication was the.-----------------------4th-------------------------------day of March--------------_A.D., 19.-7-1.., and that the date of the last publication was the-------------------4th-----------------day of---K&rob--------------------- A.D., 19----71--• AND IT IS FURTHER CERTIFIED That THE OAK BROOK DOINGS is a secular newspaper of general circulation, published weekly in the Village of Hinsdale, County of DuPage, State of Illinois, and circulated generally in the Villages of Hinsdale, Clarendon Hills, Oak Brook, Willowbrook, Burr Ridge, adjacent unincorporated and incorporated areas, and in DuPage and Cook Counties, Illinois, and in other areas; that said THE OAK BROOK DOINGS is a "newspaper" as defined by the Illinois Statutes made and pro- vided for such situations, to wit; by Section 5 of "An Act to revise the law in relation to notices", 1874, Feb. 13, R.S. 1874, p. 723, § 5, as amended 1959, July 17, Laws 1959, p. 1494, § 1; and is also a "newspaper" as defined by Section 1 of "An Act concerning the publication of legal notices", 1909, June 8, Laws 1909, p. 288, § 1, as amended 1927, June 29, Laws 1927, p. 603, §1, and as further amended 1945, April 12, Laws 1945, p. 1089, §1, and as further amended in 1957, July 9, Laws 1957, p. 2270, §1, and as further amended 1959, July 17, Laws 1959, p. 1496, §1; and that said THE OAK BROOK DOINGS has been continuously published at regular intervals of at least once each week with a minimum of 50 issues per year for over one year prior to the first publication of the attached notice. IN WITNESS WHEREOF, one of the co-publishers of said THE OAK BROOK DOINGS has affixed his hand and seal this ' ------5th------ day of.--- March-------------- A.D. 19-71---. Publishers Charge._432.12-------- RWS rd �` L 4 3/l/71 �7' = Co-publihher