Details for VILLAGE OF NEW WINDSOR - Legal - Ad from 2019-06-06

NOTICE OF INTENT TO ISSUE BONDS
AND RIGHT TO FILE PETITION
Notice is hereby given that pursuant to Ordinance No. 3, adopted June 3, 2019, the President and
Board of Trustees of the Village of Windsor, also known as New Windsor, Mercer County, Illinois (the
“Municipality”), intends to issue its sewerage system revenue bonds (howsoever styled, the “Bonds”)
at one time or from time to time as funds are needed up to but in any event not to exceed $4,275,000
in aggregate principal amount for the purpose of paying the costs of a sewer collection system and a
wastewater treatment plant, and related facilities, improvements and costs (the “Project”), to constitute
a part of the Municipality’s sewerage system (the “System”).
In addition, notice is hereby given that if a petition signed by not less than 52 electors of the
Municipality requesting that the question of so acquiring, constructing, and improving the System
facilities constituting the Project, and the issuance of sewerage system revenue bonds therefor be
submitted to the Village Clerk within thirty (30) days of the date of publication hereof and of the above
ordinance, the question of so acquiring, constructing, improving such facilities and the issuance of
Bonds therefor shall be submitted to the electors of the Municipality at the general primary election
to be held on March 17, 2020, if such election is held and such question can be and is submitted, and
otherwise at the next or prior election at which such question could be so submitted. A form of petition
is available in the Village Clerk’s office.
/s/ Claudine D. Johnson
Village Clerk, Village of Windsor,
Mercer County, Illinois
_________________________________________________________________________
ORDINANCE NO. 3
AN ORDINANCE AUTHORIZING THE ISSUANCE OF UP TO $4,275,000 SEWERAGE
SYSTEM REVENUE BONDS OF THE VILLAGE OF WINDSOR, MERCER COUNTY,
ILLINOIS, FOR THE PURPOSE OF DEFRAYING THE COST OF ACQUIRING,
CONSTRUCTING, IMPROVING AND EXTENDING SEWERAGE FACILITIES, AND
RELATED MATTERS.
PREAMBLES
WHEREAS, the Village of Windsor, also known as New Windsor, Illinois, Mercer County (the
“Municipality”), owns and operates a separate sewerage system (the “System”) in accordance with
the provisions of applicable law concerning municipal sewerage systems [65 ILCS 5/11-141-1 et seq.,
as supplemented and amended, including by the Local Government Debt Reform Act (collectively,
the “Act”)]; and
WHEREAS, the President and Board of Trustees of the Municipality (the “Corporate Authorities”)
has determined that it is advisable, necessary and in the best interests of the Municipality’s public health,
safety and welfare to undertake a project consisting of a sewer collection system and a wastewater
treatment plant, together with required structures, equipment, appurtenances and fixtures, all electrical,
mechanical or other work and the acquisition of land or rights in land necessary, useful or advisable in
connection with such work, and as such work may progress in one or more phases, and other related
costs, the “Project”), substantially in accordance with the preliminary plans, specifications and cost
estimate therefor prepared by IMEG Corp., the consulting engineers therefor; and
WHEREAS, the estimated cost of the Project, including necessary interest during acquisition,
construction and installation, engineering, legal, financial, bond discount, printing and publication costs
and other expenses preliminary to and in connection with the Project, is anticipated to be $8,669,000, of
which up to $4,275,000 is to be paid from proceeds of the hereinafter described Bonds and the balance
from other sources, including $3,646,000 in an Agency Grant funds, $600,000 in HUD funds and
$148,000 in applicant contributions; and
WHEREAS, costs of the Project are expected to be paid from funds on hand or already advanced
therefor, and proceeds of Bonds payable from the revenues of the System and issued pursuant to
the Act, this ordinance and ordinances supplemental to or amending this ordinance authorizing and
providing for the issuance of the Bonds, prescribing the details of such Bonds and providing for the
collection, segregation and distribution of the revenues of the Municipality’s Sewerage System; and
WHEREAS, the Municipality has insufficient funds to pay costs of the Project and, therefore, must
borrow money and issue sewerage system revenue bonds in evidence thereof, at one time or from time
to time and in one or more series, up to the aggregate principal amount of $4,275,000 for such purpose,
pursuant to and in accordance with the provisions of the Act.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF WINDSOR, MERCER COUNTY, ILLINOIS, as follows:
Section 1. Incorporation of Preambles and Determination to Issue Bonds. The Corporate
Authorities hereby find that all of the recitals contained in the preambles to this ordinance are true,
complete and correct and hereby incorporate them into this Section 1 of this ordinance by this reference
thereto. It is necessary and in the best interests of the Municipality to acquire, construct and install the
Project for the public health, safety and welfare, in accordance with the plans and specifications, as
described above, that the System be operated as a separate sewerage system in accordance with the
provisions of the Act, and that for the purpose of acquiring, constructing and installing the Project there
are hereby authorized to be issued and sold sewerage revenue bonds of the Municipality in an aggregate
principal amount up to but in any event not to exceed $4,275,000 (howsoever styled, the “Bonds”).
Section 2. Publication and Notice. Within 10 days after the adoption of this ordinance by the Corporate
Authorities, this ordinance, preceded by the notice hereinafter provided for, shall be published by
publication in a newspaper of general circulation within the Municipality; and if no petition, signed
by not less than the number of registered voters of the Municipality being equal to ten percent (10%)
of the registered voters of the Municipality, asking that the question of undertaking the Project and of
issuing the Bonds to pay the cost thereof be submitted to the electors of the Municipality, is filed with
the Village Clerk of the Municipality within thirty (30) days after the date of the publication of this
ordinance and such notice, then this ordinance shall be in full force and effect. If such a petition is filed,
an election on the question shall be held as set forth in the form of notice as published. The Village
Clerk shall have available and provide a form of petition to any person requesting one. The Village
Clerk shall give notice of the foregoing provisions substantially as set forth in the form of the notice
presented at the meeting of the Corporate Authorities at which this ordinance is adopted, completed and
modified as may be required to comply with the Act.
Section 3. Additional Ordinances. If no petition meeting the requirements of applicable law is filed
as provided above in Section 2 and there is no material change in the Project and otherwise as herein
described, then the Corporate Authorities in accordance with and pursuant to the Act may adopt
additional ordinances or other proceedings supplemental to or amending this ordinance, providing
for the issuance and sale of up to but in any event not to exceed $4,275,000 of its sewerage system
revenue Bonds, prescribing the details of such Bonds, and providing for the collection, segregation
and distribution of the revenues of the System and the acquisition, construction and installation of
the Project. Such additional or supplemental ordinances or other proceedings shall in all instances
become effective in accordance with otherwise applicable law; and this ordinance, together with such
supplemental and additional ordinances or other proceedings, shall constitute complete authority for the
issuance of the Bonds under applicable law.
This shall also constitute reimbursement action under Section 1.150-2 of the Income Tax Regulations.
Section 4. Severability and Repealer. 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. 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.
Upon motion by Trustee Loving, seconded by Trustee Beattie adopted (and recorded in the
Municipality’s records) this 3rd day of June, 2019, by roll call vote, as follows:
AYES (names):

Loving, Olson, Beattie, Brooks, Willems, Welch

NAYS (names):

none

ABSENT, Etc. (names):

none

Attest:

Approved: June 3, 2019

/s/ Claudine D. Johnson
Village Clerk, Village of Windsor,
Mercer County, Illinois

/s/ Jim Starcevich
Village President, Village of Windsor,
Mercer County, Illinois

Categories

You may be interested in