File #: 20-4882    Version: 1 Name: PROVIDING FOR THE ISSUANCE OF GENERAL OBLIGATION REFUNDING BONDS OR, IN LIEU THEREOF, SALES TAX REVENUE BONDS OF THE COUNTY OF COOK, ILLINOIS
Type: Ordinance Status: Approved
File created: 10/20/2020 In control: Finance Committee
On agenda: 11/19/2020 Final action: 12/17/2020
Title: PROPOSED ORDINANCE PROVIDING FOR THE ISSUANCE OF GENERAL OBLIGATION REFUNDING BONDS OR, IN LIEU THEREOF, SALES TAX REVENUE BONDS OF THE COUNTY OF COOK, ILLINOIS. WHEREAS, Section 6(a) of Article VII of the 1970 Constitution of the State of Illinois provides that "a County which has a Chief Executive Officer elected by the electors of the County
Sponsors: TONI PRECKWINKLE (President)
Attachments: 1. General Obligation Refunding Series 2021 Bond Ordinance.pdf

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PROPOSED ORDINANCE

 

PROVIDING FOR THE ISSUANCE OF GENERAL OBLIGATION REFUNDING BONDS OR, IN LIEU THEREOF, SALES TAX REVENUE BONDS OF THE COUNTY OF COOK, ILLINOIS.

 

WHEREAS, Section 6(a) of Article VII of the 1970 Constitution of the State of Illinois provides that “a County which has a Chief Executive Officer elected by the electors of the County ... (is) a Home Rule Unit” and The County of Cook, Illinois (the “County”), has a Chief Executive Officer elected by the electors of the County and is therefore a Home Rule Unit and may, under the power granted by said Section 6(a) of Article VII of the 1970 Constitution of the State of Illinois, as supplemented by the Local Government Debt Reform Act of the State of Illinois, as amended (the “Debt Reform Act”), and the other Omnibus Bond Acts, as amended, exercise any power and perform any function pertaining to its government and affairs, including, but not limited to, the power to tax and to incur debt; and

 

WHEREAS, the County has the power to incur debt payable from ad valorem property tax receipts or from any other lawful source and maturing within 40 years from the time it is incurred without prior referendum approval; and

 

WHEREAS, the Board of Commissioners of the County (the “Corporate Authorities”) has not adopted any ordinance, resolution, order or motion or provided any County Code provisions which restrict or limit the exercise of the home rule powers of the County in the issuance of general obligation bonds without referendum for corporate purposes or which provides any special rules or procedures for the exercise of such power; and

 

WHEREAS, the County has heretofore issued and there are now outstanding General Obligation Refunding Bonds, Series 2010A (the “2010A Bonds”); and

 

WHEREAS, the 2010A Bonds are now outstanding in the aggregate principal amount of $277,950,000, mature and are subject to optional redemption on the dates and as provided in the ordinance adopted by the Corporate Authorities on the 17th day of September, 2008, and authorizing the issuance of the 2010A Bonds; and

 

WHEREAS, the County has heretofore issued and there are now outstanding General Obligation Refunding Bonds, Series 2010G (the “2010G Bonds” and, together with the 2010A Bonds, the “Prior Bonds”); and

 

WHEREAS, the 2010G Bonds are now outstanding in the aggregate principal amount of $119,855,000, mature and are subject to optional redemption on the dates and as provided in the ordinance adopted by the Corporate Authorities on the 17th day of September, 2008, and authorizing the issuance of the 2010G Bonds; and

 

WHEREAS, it is in the best interests of the County and its citizens and is necessary for the government and affairs of the County to authorize the refunding (the “Refunding”) from time to time of all or a portion of the Prior Bonds, or of all or any portion of any installment of interest coming due thereon, all as may be advisable from time to time in order to achieve debt service savings for the County or to restructure the debt service burden on the County; and

 

WHEREAS, the aggregate costs of the Refunding, including consulting, financial advisory, legal services, underwriters’ discount, trustee and other financial fees as shall be necessary, are less than the anticipated savings to be generated from the Refunding; and

 

WHEREAS, the Corporate Authorities accordingly do hereby determine that it is advisable and in the best interests of the County to borrow from time to time for the purpose of the Refunding, and to pay costs of issuance, and, in evidence of such borrowing, to issue one or more series of full faith and credit bonds of the County, as hereinafter authorized, or, in lieu thereof, Sales Tax Revenue Bonds, as hereinafter defined and authorized:

 

NOW THEREFORE BE IT ORDAINED by the Board of Commissioners of The County of Cook, Illinois, as follows

 

Table of Contents

 

Sec. 1.                     Definitions                     

Sec. 2.                     Findings                     

Sec. 3.                     Bond Details                     

Sec. 4.                     Book-Entry Provisions                     

Sec. 5.                     Redemption                     

Sec. 6.                     Registration of Bonds; Persons Treated as Owners; Bonds Lost, Destroyed, Etc.                     

Sec. 7.                     Security                     

Sec. 8.                     Forms of Bonds                     

Sec. 9.                     Taxes Levied; Payment of Principal, Premium and Interest; Covenants re Pledged Taxes; Ordinance and Bond Orders to the Filed; Abatement                     

Sec. 10.                     Powers as to Bonds and Pledge                     

Sec. 11.                     Sale of the Bonds; Bond Orders; Financing Team; Execution of Documents Authorized; Undertakings; Offering Materials; Credit Facilities; Purchase Refunding                     

Sec. 12.                     Creation of Funds and Appropriations; Abatement of Taxes Levied for Refunded Bonds                     

Sec. 13.                     General Tax Covenants                     

Sec. 14.                     Registered Form                     

Sec. 15.                     Further Tax-Exemption Covenants                     

Sec. 16.                     Opinion of Counsel Exception                     

Sec. 17.                     Payment and Discharge; Refunding                     

Sec. 18.                     Duties of Trustee                     

Sec. 19.                     Rights of Trustee                     

Sec. 20.                     Individual Rights of Trustee                     

Sec. 21.                     Trustee’s Disclaimer                     

Sec. 22.                     Eligibility of Trustee                     

Sec. 23.                     Replacement of Trustee                     

Sec. 24.                     Successor Trustee by Merger                     

Sec. 25.                     Compensation                     

Sec. 26.                     Definition of Events of Default; Remedies                     

Sec. 27.                     Notices of Default under Ordinance                     

Sec. 28.                     Termination of Proceedings by Trustee                     

Sec. 29.                     Right of Holders to Control Proceedings                     

Sec. 30.                     Right of Holders to Institute Suit                     

Sec. 31.                     Suits by Trustee                     

Sec. 32.                     Remedies Cumulative                     

Sec. 33.                     Waiver of Default                     

Sec. 34.                     Application of Monies After Default                     

Sec. 35.                     This Ordinance a Contract                     

Sec. 36.                     Supplemental Ordinances                     

Sec. 37.                     Effect of Consents                     

Sec. 38.                     Signing by Trustee of Amendments and Supplements                     

Sec. 39.                     Notices                     

Sec. 40.                     Bondholders’ Consents                     

Sec. 41.                     Limitation of Rights                     

Sec. 42.                     Partial Invalidity                     

Sec. 43.                     List of Bondholders                     

Sec. 44.                     Rights and Duties of Trustee                     

Sec. 45.                     Prior Inconsistent Proceedings                     

Sec. 46.                     Immunity of Officers and Employees of County                     

Sec. 47.                     Sales Tax Revenue Bonds.                     

Sec. 48.                     Passage and Approval                     

 

Effective date:  This ordinance shall be in effect immediately upon adoption.

 

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