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2005-58 AUTHORIZING AN INTERGOVERNMENTAL COOPERATION AGREEMENT
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2005-58 AUTHORIZING AN INTERGOVERNMENTAL COOPERATION AGREEMENT
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12/4/2015 3:09:28 PM
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Resolution/Ordinance
Res Ord Num
2005-58
Res Ord Title
AUTHORIZING THE EXECUTION AND DELIVERY OF AN INTERGOVERNMENTAL COOPERATION AGREEMENT AND CERTAIN DOCUMENTS IN CONNECTION THEREWITH AND RELATED MATTERS
Approved Date
6/20/2005
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Bonds shall be applied to such public purposes and to the payment of the costs of issuance as <br /> shall be approved by ordinances of the respective governing body of each Issuer (or any of <br /> them). It is the intenrion of the parties hereto that the Bonds may be issued in calendar year 2005 <br /> and each calendar year thereafter during the term of this Agreement. Each Unit hereby ratifies <br /> and approves the conduct of the combined public hearings held in connection with the issuance <br /> of the Bonds, and, with respect to $300,000,000 in aggregate principal amount of Bonds to be <br /> issued in calendar year 2005, hereby approves the issuance of the Bonds as described in the <br /> notice of public hearing published in connection with the issuance of such Bonds (which is <br /> hereby incorporated by reference). Each Unit may provide additional approvals of the Bonds by <br /> appropriate proceedings, and may delegate such approvals to such officer or officers of such Unit <br /> as such Unit shall establish by appropriate proceedings. <br /> Section 2. Transfer and Allocation of Unified Volume Cap. Certain Units which are <br /> home rule units of govemment, other than the Issuers, hereby transfer to the Issuers and/or <br /> allocate unified volume cap for calendar year 2005 that they have reserved to issue private <br /> activity bonds, as set forth in Exhibit A attached to and made a part of this Cooperation <br /> Agreement. Certain Units which are not home rule units of government have received allocation , <br /> of unified volume cap for calendar year 2005 from the State of Illinois as set forth in Exhibit A <br /> attached to and made a part of this Cooperation Agreement. The Units, including without � <br /> limitation the Issuers, hereby allocate the unified volume cap refened to in this Section to the I <br /> issuance of the Bonds. Each Unit that has received or hereafter receives an allocation of unified 'i <br /> volume cap from the State of Illinois for the Program, after January l, 2005, for calendar year <br /> 2005, as set forth in Exhibit A attached hereto and made a part hereof, which Exhibit may be � <br /> supplemented from time to time by exclusive action of the Issuers in the event that volume cap is I <br /> received by a Unit for the Program after the date hereof, hereby allocates such volume cap to the ' <br /> issuance of the Bonds. For calendar year 2006 and each calendar year thereafter, the Units may <br /> transfer or allocate unified volume cap, as appropriate, to the issuance of any other Bonds, <br /> pursuant to appropriate proceedings. � <br /> Section 3. Allocation of Program Allocation. The origination and servicing agreement <br /> or agreements and the trust indenture or indentures relating to the issuance of the Bonds shall I <br /> provide, that from the date of issuance of the Bonds through a date 120 days after the date of <br /> issuance of such Bonds or such other term as shall be approved by the Units (the "Reservation I <br /> Period"), the proceeds of the Bonds shall be made available to each Unit which is not a home <br /> rule unit of government in the amounts set forth in Exhibit A attached hereto and made a part <br /> hereof, as such Exhibit A may be supplemented from time to time, or for calendar year 2006 and <br /> thereafter, in the amount received from the State of Illinois (the "Program Allocation"), subject I <br /> to the requirements of Section 143 of the Code. There shall be no Reservation Period for Units <br /> which are home rule units of government;provided, that if a Unit which is a home rule unit of <br /> government receives an allocation of volume cap from the Governor of the State of Illinois, the <br /> proceeds of the Bonds shall be made available only to such Unit in the amount of such allocation <br /> for the Reservation Period. The Program Allocation allocated to a Unit may not be reallocated <br /> during the Reservation Period; provided, that, after the Reservation Period, the program <br /> administrator with respect to the Bonds may reallocate the Program Allocation in the manner set <br /> forth in the origination and servicing agreement or agreements or the trust indenture or <br /> indentures relating to the Bonds. <br /> -7- <br />
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