Ballfield ligthing - Central Park Amending S-1403 - courtesy copy for S-1593
Courtesy Copy (recorded by Park District)
Confirmed by Steve Adams
Oak Brook Park District Attorney
ORDINANCE NO. 2O-OI2I
AN ORDINANCE APPROVING F INANCING FOR THE
PURCHASE AND INSTALLATION OF LED BALLFIELD LIGHTING
AT SPECIFIED CENTRAL PARK BALLIIIELDS
WHEREAS, the Oak Brook Park District, Du Page and Cook Counties, Illinois (the "Park District"),
is a duly organized and existing Park District created under the provisions of the laws of the State of Illinois,
and is now operating under the provisions of the Park District Code of the State of Illinois, and all laws
amendatory thereof and supplementary thereto (the "Park Code"); and
WHEREAS. Section 8- I of the Park Code authorizes the Park District to acquire and install equipment
necessary for its corporate purposes; and
WHEREAS, on July 8,2014,the Village of Oak Brook (the "Village") adopted Ordinance 2014-ZO-
V-EX-S-1403 ("Ordinance 1403") in response to the Park District's request to adjust days of usage of certain
ballfields at Central Park; and
WHEREAS, Ordinance 1403 established limitations on the Park District's operation of the ballfield
lights, in order to address concems about the ballfield light levels expressed by certain residents ofthe Forest
Gate subdivision, located south of Central Park; and
WHEREAS, since the adoption of Ordinance 1403, the Park District has endeavored to balance
compliance with the lighting restrictions with the responsible delivery of recreational services on the lighted
ballfields for the benefit ofits residents and taxpayers; and
WHEREAS,in2Olg, the Village, Park District and Forest Gate attempted to amend Ordinance 1403
to address certain light measurement procedures, whereupon it was determined that installation of LED lights
on the ballfields provided the most effective means for balancing the interests of Forest Gate and the Park
District; and
WHEREAS, purchase of LED lighting for the ballfields on Central Park is not identified on the Park
District's capital improvement plan for the next three years; and
WHEREAS, the Park District has determined that the purchase and installation of new LED lighting
for the Central Park Ballfields identified in Exhibit A before commencement of the 2020 spring season (or as
soon as the District deems practicable thereafter) ("Project") and the elimination of provisions in Ordinance
1403 requiring annual testing of ballfield lighting levels in the Forest Gate Subdivision is in the best interests
of the community; and
WHEREAS, the Park Board finds that it does not have sufficient funds on hand for the Project, and
the total costs of this borrowing including legal, financial and other expenses will be no less than $500,000;
and
WHEREAS, the Village has offered to provide the Park District with a low interest loan in the
principal amount of $500,000 to enable the Park District to proceed with the Project on the terms set forth in
the Intergovernmental Loan Agreement attached hereto as Exhibit A and incorporated herein; and
WHEREAS, Article VII, section 10 of the Illinois Constitution of 1970 provides that units of local
government "may contract or otherwise associate among themselves... to obtain or share services and to
exercise, combine, or transfer any power or function, in any manner not prohibited by law or by ordinance;
and
WHEREAS, Article VII, Section 10, further provides that "[p]articipating units of government may
use their credit, revenues, and other resources to pay costs and to service debt related to intergovernmental
activities;" and
WHEREAS, the Park Board hereby finds and determines that entering into the joint and cooperative
loan agreement with the Village is reasonable, necessary, and in the public interest and welfare; and
WHEREAS, the borrowing must be authorized by ordinance passed by the Park Board; and
WHEREAS, the Village has agreed to loan the Park District the sum of $500,000 pursuant to the
terms set forth in the promissory note in substantially the form attached hereto as Exhibit B (the "Promissory
Note"), which shall be evidence of this borrowing in compliance with the requirements of the Park Code and
applicable law; and
4820‐9730-0142,v 2
NOW, THEREFORE, BE IT ORDAINED by the Board of Park Commissioners of the Oak Brook
Park District, DuPage County, Illinois. as follows:
Section 1. The Park Board hereby finds that allof the recitals contained in the preamble to this
Ordinance are full. true and correct and does incorporate them into this Ordinance b1 this reference.
Section 2. It is hereby found and detennined that the Park District is authorized by law to borrow
the sum of $500,000 upon tlre credit of the Park District and as evidence of such indebtedness. to issue the
Promissory Note. the proceeds of which shall be used for the purposes aforesaid" and it is necessary and for
the best interests of the Park District that the Promissory Note be issued at this time and in said arnolutt.
Section 3. There shall be borrou,ed on the credit of-. and for. and on behalf ol'tlre Park Distlict
the sum of $500.000 for the purposes aforesaid. The Prornissory Note in substantialll the form attached hereto
as Exhibit B is hereby autltorized and approved by the Park Board.
Section 4. The Park Board President and Secretary are hereby authorized and directed to execute
and deliver to the Village the Promissory Note arrd all other documents reasonably necessary in connection
with the financing. consistent with the Park Board's intent as stated in tlris Ordinance. upor.t the Park District's
receipt of the sum of $500"000 from the Village.
Section 5. l-he Promissory Note is herervith and in all respects approved. ralified and
confinned. it being liruncl and delermined that acceptartcc'ol-1he Village's offer is in the besl interests of the
Park District. and no persolr holding any office of the Park District. either by election or appointment. is in
any manner interested. either directly or indirectly. in his own name or in the name of any other person,
association, trust or corporation, in said Promissory Note.
Section 6. This Ordinance does not authorize the levy and collection ofa direct annual tax to pay
the principal or the interest on the Promissory Note.
Section 7. The District agrees to comply with all provisions of the Intemal Revenue Code which
if not complied with by the District would cause the interest on the Promissory Note not to be tax-exempt in
the hands ofa holder.
Section 8 AH ordinances,resolutions,orders,or parts thereofin conflict with the pro宙 sions of
4820‐9730-0142,v 2
this Ordinance be and the same are hereby repealed to the extent ofsuch conflict, and upon the passage and
approval hereof as provided by law, this Ordinance shall become effective as provided by law.
Adopted by the Board of Park Commissioners of the Oak Brook Park District this 20ft day of January,2020.
AYES: Suleiman, Trombetta, Tan, Truedson
NAYS:
ABSENT: Knitter
ABSTAIN:
OAK BR00K PARK DISTRICT
,r,gr*.E#fr-
Fresident, BoXrd of?ark Commissioners
4820-9730-0142, v. 24
EXHIBIT A
IBALLFIELDS TO RECEIVE LED LIGHTINGl
EXHIBIT B
IINTERGOVERNMENTAL LOAN AGREEMENT〕
EXHIBIT C
12019 PROMISSORY NOTEl
Srerp op Ir-r-tNots )
)SS
CouNrvorDupecr )
CERTIFICAT10N OF ORDINANCE
I,the undersigned,do hereby cenify thatl aln the duly qualined and ac」ng Secretary ofthe Board
of Commissioners(the“Bθ α″グ'')ofthe oak Brook Park District,DuPage and Cook Counties,11linois(the
``District''),and that as such offlcial l aln the keeper ofthe records and flles ofthe Board.
I do further certify that the foregoing Ordinance entitled:
Ordinance No.20¨0121
AN ORDINANCE APPROVING FINANCING FOR THE PURCHASE
AND INSTALLATION OF LED BALLFIELD LIGHTING AT
SPECIFIED CENTRAL PARK BALLFIELDS.
was adopted at the meeting of the Board held on the 20ft day of January, 2020 and is a true, correct and
complete copy thereof, as adopted at said meeting.
I do further certify that the deliberations of the Board on the adoption of said ordinance were
conducted 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
of the 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 Board at least 48 hours in advance of the holding of
said meeting, that at least one copy of said agenda was continuously available for public review during the
entire 48-hour period preceding said meeting, that said meeting was called and held in strict compliance
with the provisions of the Open Meetings Act of the State of lllinois, as amended, the Illinois Park District
Code as amended, and that the Board has complied with all of the provisions of said Acts and Codes and
with all of the procedural rules of the Board.
IN WITNESS WHEREoF, I hereunto affix my official signature and the seal of strict,this 20th
day of January,2020.
(SEAL)
4820-9730-0142,v 26
Exhibit A
Ballfields to Receive LED Lighting
"鸞
ギ
●
ヽP
aF eld 4
lヽ
aFleld 2
91
ISynthetic Soccer Fleld
4.
′マ
INTERGOVERNMENTAL LOAN AGREEMENT
THIS INTERGOVERNMENTAL LOAN AGREEMENT is made as of this _ day of
_,2020 ("Effective Date"), by and between the Village of Oak Brook, 1200 Oak Brook
Road, Oak Brook Illinois 60523 ("Village") and the Oak Brook Park District, 1450 Forest Gate
Road, Oak Brook Illinois 60523 ("Park District"). The Village and the Park District are
sometimes referred to herein as a "Party" and collectively as'oParties."
C.
D.
E.
F.
A.
B.
H.
RECITALS:
The Park District is a duly organized and existing Illinois park district created under the
provisions of the laws of the State of lllinois, and is now operating under the provisions
of the Park District Code of the State of Illinois, and all laws amendatory thereof and
supplementary thereto (the "Park Code") and applicable law.
The Village is a duly organized and existing Illinois municipality created under the
provisions of the law of the State of Illinois, and is now operating under the provisions of
the Municipal Code of the State of Illinois, and all laws amendatory thereof and
supplementary thereto (the "Municipal Code") and applicable law.
The Park District conducts organized recreational sporting activities on lighted ballfields
situated in Central Park in the Village of Oak Brook; and
Central Park is adjacent to Forest Gate Subdivision, a gated residential community
consisting of _ homes.
Forest Gate residents have in the past expressed concerns about the impact of light
emanating from the Park District's lighted ballfields.
On July 8, 2014, the Village adopted Ordinance 2014-ZO-V-EX-S-1403 ("Ordinance
1403") in response to the Park District's request to adjust days of usage of certain
ballfields at Central Park; Ordinance 1403 established limitations on the Park District's
operation of the ballfield lights in order to address concerns about the ballfield light
levels expressed by Forest Gate residents.
Since the adoption of Ordinance 1403, the Park District has endeavored to balance
compliance with the lighting restrictions with the responsible delivery of recreational
services on the lighted ballfields for the benefit of its residents and taxpayers.
ln2019, the Village, Park District and Forest Gate attempted to amend Ordinance 1403 to
address certain light measurement procedures, whereupon it was determined that
installation of LED lights on the ballfields provided the most effective means for
balancing the interests of Forest Gate and the Park District.
The purchase of LED lighting for the ballfields on Central Park is not identified on the
Park District's capital improvement plan for the next three years.
G.
J. The Park District has determined that the purchase and installation of new LED lighting
for certain Central Park Ballfields on the Property described in Ordinance No. 1403
before commencement of the 2020 spring season (or as soon as the District deems
practicable thereafter) ("Project") is in the best interests of the community.
K. The Park Board finds that it does not have sufficient funds on hand for the Project, and
the total costs of this borrowing including legal, financial and other expenses will be no
less than $500,000.
L. The Village has determined that it is in the best interests of the community to provide a
low interest loan to the Park District in the principal amount of $500,000 on the terms set
forth herein to enable the Park District to proceed with the Project.
M. Article VII, section 10 of the Illinois Constitution of 1970 provides that units of local
government "may contract or otherwise associate among themselves... to obtain or share
services and to exercise, combine, or transfer any power or function, in any manner not
prohibited by law or by ordinance.
N. Article VII, section 10, further provides that "[p]articipating units of government may use
their credit, revenues, and other resources to pay costs and to service debt related to
intergovernmental activities."
O. The Village and the Park District have determined that it is reasonable, necessary, and in
the public interest and welfare for the Village to loan the Park District the funds
necessary to construct the Project, and for the Parties to document the loan by this Loan
Agreement and the Promissory Note attached as Exhibit A hereto ('Note").
NOW THEREFORE, in consideration of the mutual covenants and agreements hereinafter
contained, and other valuable consideration, it is mutually agreed by and between the District
and the Village as follows
l. The Village agrees to loan the sum of $500,000 ('Note Proceeds") to the Park District
pursuant to the terms of the Note. The Note shall contain all the terms of this Agreement,
whether or not specifically stated in the Note. Upon receipt of the Note Proceeds and issuance of
the Note, the Diitrict shall make the payments of principal and interest to the Village as specified
in the Note. The Note shall be dated
-
-,
2020, shall be designated "2020
Promissory Note," and shall be in substantially the form set forth in Exhibit A.
Z. The Note shall bear interest at the rate of 2.00 % per annum ("Note Interest Rate").
Principal and accrued interest on the Note shall be payable in lawful money of the United States
of America at the Oak Brook Village Hall pursuant to the Amortization Schedule attached as
Exhibit A to the Note.
3. The Note shall be signed by the manual signatures of the President and Secretary of the
park Board, and shall be countersigned by the manual signature of the Treasurer of the Park
District, and the seal of the Park District shall be affixed thereto or printed thereon, and in case
any officer whose signature shall appear on the Note shall cease to be such officer before the
delivery of the Note, such signature shall nevertheless be valid and sufficient for all purposes, the
same as if such officer had remained in office until delivery.
4. The Village shall be deemed and regarded as the absolute owner thereof for all purposes,
and payment of the principal and interest on the Note shall be made only to the Village. All such
payments shall be valid and effectual to satisfu and discharge the liability upon such Note to the
extent of the sum or sums so paid.
5. The Note shall be subject to redemption prior to maturity at the option of the District, as a
whole, or in part in integral multiples of $5,000 on or after December 3l,2020.lnterest on the
remaining balance shall be recalculated at the Note interest rate, without further interest or
penalty.
6. The Note hereby authorized shall be executed as in this Agreement provided, and
thereupon deposited with the Treasurer of the Park Board, and be by said Treasurer delivered to
the purchaser thereof, namely, the Village of Oak Brook, Oak Brook, Illinois (the "Purchaser"),
upon receipt of the purchase price therefor, the same being $500,000. No person holding any
oifice of the District either by election or appointment, is in any manner interested, either
directly or indirectly, in his own name or in the name of any other person, association, trust or
corporation, in this Agreement or the Note.
7. The Note proceeds shall be deposited to the credit of a special fund of the District, to be
known as the "Park District Project Fund" (the "Project Fund").
8. The District shall disburse the funds on deposit in the Project Fund to pay (i) costs
associated with the Project (the "Disbursements"); (ii) costs of the Project previously incurred
and paid by the District; and (iii) related costs incurred in connection with the Project, including
costs of issuance of the Note.
g. The District hereby represents, warrants and agrees that the obligation to make the
payments due under this Agreement shall be a direct general obligation of the District payable
from the corporate funds of the District and such other sources of payment as are otherwise
lawfully available. The District represents and warrants that (i) its obligation to repay the
Principal and Interest of the Note, together with other general obligations of District, are within
applicable debt limitations and (ii) the execution and delivery of this Agreement and the Note
have been duly authorized by appropriate action of the Board. The District agrees that it will
appropriate funds of the District annually and in a timely manner so as to provide for the making
of all payments when due under the terms of the Note.
10. All Notices and demands required hereunder shall be in writing and shall be deemed to
have been given or made when delivered personally or when mailed by registered or certified
mail, postage prepaid, addressed as follows:
If to the District: Executive Director
Oak Brook Park District
1450 Forest Gate Road
Oak Brook Illinois 60523
If to Village, at Village Manager
Village of Oak Brook
1200 Oak Brook Road
Oak Brook, Illinois 60523
I l. This Agreement may be simultaneously executed in several counterparts, each of which
shall be an original and all of which shall constitute but one and the same instrument.
IN WITNESS WHEREOF, the Park District, by its Board of Park Commissioners, has caused
this Agreement to be executed by the President of said Board of Park Commissioners and
attesteJ by the Secretary of said Board of Park Commissioners, and the seal of the District to be
hereunto affixed, and tire Village has caused this Agreement to be executed by its officers and
attested by one of its officers and its corporate seal to be hereunto affixed, all as ofthe day and
year first above written.
OAK BR00K PARK DISTRICT,
DuPage and Cook Counties,IHinois
(SEAL)
ⅥLLAGE OF O BR00K
DuPage and Co Counties, Illinois
rk Commissioners
President, Board of Trustees
Village Clerk:4
EXHIBIT A
Pronlissorv Note
4851‐8417-5277,v 2
Dated Date:
UNITED STATES OF AⅣERICA
STATE OF ILLINOIS
COUNTY OF DUPAGE
OAK BR00K PARK DISTRICT
2020 PROMISSORY NOTE
Note Owner: VILLAGE OF OAK BROOK (THE'LENDER")
Total Principal Amount: FIVE HUNDRED THOUSAND DOLLARS ($500,000)
Maturity Dates: December 31, 2020, 2021, 2022, 2023, 2024
Interest Rate: 2.00o/o
KNOW ALL pERSONS BY THESE PRESENTS, that the Oak Brook Park District, DuPage and Cook Counties,
Illinois (the "District"), hereby acknowledges itself to owe and for value received promises to pay to the Note Owner
identified above, the Principal Amount idintified above and to pay interest on such Principal Amount at the rate of
2.00 o/oper annum lcomputld upon the basis of30/360), payable on June 30 and December 3l ofeach year until the
principal is fully paid ai maturiiy on December 31, 2024, according to the amortization schedule attached hereto as
Exhibit A.
This Note is subject to full or partial prepayment at the price of par plus interest accrued to the date of prepayment.
The principal ofihis Note is payable in lawful money of the United States of America at the office of the Note owner'
It is hereby certified and recited that all conditions, acts and things required by the Constitution and Laws of the State
of Ittinois to exist or to be done precedent to and in the issuance of this Note, including the authorizing act, have
existed and have been properly done, happened and been performed in regular and due form and time as required by
law; that the indebtedniss of the District, represented by the Note, and including all other indebtedness of the District,
howsoever evidenced or incurred, does notexceed any constitutional or statutory or other lawful limitation; and the
District agrees and covenants to make provision for the payment ofthe interest hereon and also to pay and discharge
the princi-pal hereof as the same falls due in the annual appropriation ordinances to be duly adopted by the Board of
park Commissioners of the District, and published, all in the manner, form and time as provided by law.
This Note shall not be valid or become obligatory for any purpose until the certificate of authentication hereon shall
have been signed by the District. THE NOTE OWNER ACKNOWLEDGES THAT THERE IS NO STATUTORY
AUTHORITY FOR TTM LEVY OF A SEPARATE TAX IN ADDITION TO OTHER TAXES OF THE DISTRICT
OR THE LEVY OF A SPECIAL TAX LNLIMITED AS TO RATE OR AMOLINT TO PAY ANY OF THE
AMOLTNTS DUE HERELINDER.
This Note is being issued by the District for the purpose of paying the costs to purchase, fumish, equip and install
LED ballfield lighting on."rtuin ballfields located at Central Park, and of paying expenses incidental thereto, all as
described and difined in the Intergovernmental Loan Agreement and the District's ordinance authorizing the Note
(the "Ordinance"), pursuant to and in all respects in compliance with the applicable provisions of the Park District
bode, as amendeJ, and as further supplemented by the Locat Govemment Debt Reform Act, as amended (the "Act"),
and with the Ordinance, which has-been duly adopted by the Board of Park Commissioners of the District, in all
respects as by law required. The Notes are secured by the general revenues ofthe District.
This Note may not be transferred or exchanged. The District shall deem and treat the Note Owner hereof as the absolute
owner hereoffor the purpose ofreceiving puyrnent ofor on account ofprincipal and interest due hereon and for all
other purposes, and the District shall not be affected by any notice to the contrary.
IN WITNESS WrmREOF, the Oak Brook Park District, DuPage and Cook Counties, Illinois, by its Board of Park
Commissioners, has caused this Note to be executed by the President, and the Secretary or Treasurer of its Board of
park Commissioners and its corporate seal or a facsimile thereofto be impressed or reproduced hereon, all as appearing
hereon and as of the Dated Date identified above.
lsignalures appear on next Pagel
PARK DISTRICT NOTE AUTHENTICATION
Date of Authentication:
CERTIFICATE OF AUTHENTICATION
This note is■lc Note ofthe Oak Brook Park District,DuPage and Cook Counties,11linois,and descHbed in the within¨
mentioned Intergov
..'rutvrt svEre
as Note Registrar
of Park Commissioners
響
ntal Loan Agreement and Ordinance.
4842-0211-9085,v 3
[SEAL]
EXHIBIT A
AMORTIZATION SCHEDULE
4842-0211-9085,v 33
EXH:B:TA
AMORT:ZAT:ON SCHEDULE
Oak Brook Park District
Amortization Schedule
5500,000 borrowing from the Village of oak Brook
Amount S500,000.00
lnterest Rate 2
Frequency Daily
lnterest 0 005555555556%
Loan Repayment Period (yearr 5
Number of Payments Per2
Amount (S106,07920
Beginning
Principal
Balance
Number of Days
Since Last lnterest lnterest
Date Payment
500′000.00 180 5 5,000.00 50.00 5 5,000.00
12/31/2020 500,000.00 180 S 5,000.00 596,079.20 S 101,079.20 5106′079.20 403,920.80
6/30/2021 180 5 4,03921 50.00 S 4,039.21 403,92080
12/31/2021 403,920.80 180 5 4,039.21 598,000.78 S102,039.99 5106,07920 305,920.02
6/30/2022 180 5 3,05920 50.00 S 3,05920 305,92002
205,959.23 180 S 2,059.59 50.00 S 2,059.59 205,959.23
12/31/2023 205,959.23 180 S 2,059.59 5101,960.01 5104′01960 S106′079.20 103,999.21
180 S l,039.99 SO.00 5 1,039.99
12/31/2024 103,999 21 180 S l,03999 5103′999.21 5 105′039.20 S106,07920 -
Tota:s: S30,395.99 5500,000.00 S530,395.99 5530,395.99