HomeMy WebLinkAboutORDINANCES-2002-082-O-02•
ORDINANCE NUMBER 82-0-02
AN ORDINANCE providing for the issuance of General Obligation
Variable Rate Demand Bonds, Series 2002A (Sherman Plaza
Project) and Taxable Series 2002B (Sherman Plaza Project), of the
• City of Evanston, Cook County, Illinois, and providing for the levy
and collection of a direct annual tax for the payment of the
principal of and interest on said bonds.
Adopted by the City Council
on the 9th day of September 2002.
Published in Pamphlet Form by the
Authority of the City Council on the
10th day of September 2002.
TABLE OF CONTENTS
SECTION HEADING PAGE
Preambles.......................................................................................................1
SECTION 1. DOCUMENTS EFFECTING THE ISSUANCE OF THE BONDS.....................2
•
SECTION 2.
DEFINITIONS........................................................................4
SECTION 3.
INCORPORATION OF PREAMBLES................................................5
SECTION 4.
DETERMINATION TO ISSUE BONDS..............................................5
SECTION 5.
BOND DETAILS.....................................................................5
SECTION6.
TAX LEVY...........................................................................6
SECTION 7.
SECURITY FOR THE BONDS; ABATEMENTS....................................8
SECTION 8.
FILING WITH COUNTY CLERK....................................................8 •
SECTION 9.
CREATION OF FUNDS AND APPROPRIATIONS..................................9
SECTION 10.
TAX COVENANTS...................................................................9
SECTION 11.
REIMBURSEMENT................................................................
10
SECTION 12.
CONTINUING DISCLOSURE......................................................
11
SECTION 13.
PUBLICATION OF ORDINANCE .................................................
13
SECTION 14.
SUPERSEDER AND EFFECTIVE DATE ..........................................
14
•
QC
• ORDINANCE NUMBER L'
AN ORDINANCE providing for the issuance of General Obligation
Variable Rate Demand Bonds, Series 2002A (Sherman Plaza
Project) and Taxable Series 2002B (Sherman Plaza Project), of the
City of Evanston, Cook County, Illinois, and providing for the levy
and collection of a direct annual tax for the payment of the
principal of and interest on said bonds.
WHEREAS
A. The City of Evanston, Cook County, Illinois (the "City") has a population in excess
of 25,000 as determined by the last official census, and pursuant to the provisions of Section 6 of
Article VII of the Constitution of the State of Illinois, the City is a home rule unit and may
exercise any power or perform any function pertaining to its government and affairs including,
but not limited to, the power to tax and to incur debt.
• B. Pursuant to the provisions of said Section 6, the City 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.
C. The City Council (hereinafter, the "Corporate Authorities") of the City has .adopted
no ordinance, resolution; order, or motion or provided any City Code provision which restrict or
limit the exercise of the home rule powers of the City 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.
D. The City, by its Corporate Authorities, has previously made and does now affirm
the determination that it is desirable and in the public interest of the City to provide funds to pay
the costs of a municipal garage to be located on Sherman Avenue (the "Sherman Plaza Project")
• (the "Project")
E. It is now deemed advisable and necessary that bonds, as hereinafter provided, be •
issued for the purpose of financing the Project (such definition of "Project" to include all of the
respective costs thereof, and without limitation, costs of the issuance of the Bonds, capitalized
interest, and related expenses).
F. The Corporate Authorities do hereby determine that it is advisable and in the best
interests of the City to borrow $35,000,000 at this time for the purpose of paying the costs of the
Project and, in evidence of such borrowing, to issue full faith and credit bonds of the City in the
principal amount of $35,000,000.
G. The Project is known as the "Sherman Plaza Development" under and pursuant to
the Washington National Tax Increment Finance District, a "redevelopment project area" duly
designated by the City Council pursuant to the provisions of the Tax Increment Redevelopment
Project Act, as amended, and the Project is a proper "redevelopment project cost" with respect to
said district under the provisions of said Act, and the "Special Tax Allocation Fund" with respect •
to said district may be drawn upon to pay the principal and interest on the Bonds (as hereinafter
defined).
Now THEREFORE Be It Ordained by the City Council of the City of Evanston, Cook
County, Illinois, in the exercise of its home rule powers, as follows:
Section 1. Documents Effecting the Issuance of the Bonds. In addition to this
Ordinance, the following enumerated documents, substantially in the forms as attached hereto
and as identified by Exhibit designation, relate and are integral to the issuance of the Bonds:
•
-2-
• DOCUMENT
Indenture of Trust
Standby Bond Purchase
Agreement
(Bond) Purchase Contract
Remarketing Agreement
Official Statement
Tax Exemption Certificate
and Agreement
HEREIN REFERRED TO EXHIBIT
Indenture A
Liquidity Facility B
Purchase Contract C
Remarketing Agreement D
Official Statement E
TECA F
(such documents to be referred to, collectively, as the "Basic Bond Documents"). Each of the
Basic Bond Documents, in substantially the form as shown on such exhibits, is hereby in all
respects approved; the officers of the City shown as signatory to each of the Basic Bond
• Documents or, if none are so shown, any of the Authorized Officers as said term is defined in the
Indenture (the "Authorized Officers") is hereby authorized, empowered, and directed to execute,
and the City Clerk of the City is authorized, empowered, and directed to attest and to affix the
official seal of the City to, as called for, each of the Basic Bond Documents in the name of, for
and on behalf of the City, and thereupon to cause the Basic Bond Documents to be delivered to
the other parties thereto, in substantially the same form as presented or with such changes therein
as the signatory officer(s) shall approve, their execution thereof to constitute conclusive evidence
of their approval of any and all changes or revisions therein from the form of the Basic Bond
Documents before the Corporate Authorities; when each of such Basic Bond Documents is
executed, attested, sealed, and delivered on behalf of the City, as applicable and as hereinabove
provided, each of such Basic Bond Documents will be binding on the City; from and after the
• execution and delivery of each of such Basic Bond Documents, the officers, employees, and
-3-
agents of the City are hereby authorized, empowered, and directed to do all such acts and things •
and to execute all such documents as may be necessary to carry out and comply with the
provisions of each of such Basic Bond Documents as executed; and each of such Basic Bond
Documents shall constitute, and hereby is made, a part of this Ordinance, and a copy of each of
such Basic Bond Documents shall be placed in the official records of the City, and shall be
available for public inspection at the office of the City Clerk.
Each of the other parties to the Basic Bond Documents, to be entitled to the contractual
rights, duties, remedies, and fees or other compensation as indicated thereby, are hereby named
and approved, as follows:
DOCUMENT OTHER PARTY OR PARTIES
Indenture American National Bank and Trust Company of Chicago
Liquidity Facility Fifth Third Bank
Purchase Contract Legg Mason Wood Walker, Incorporated •
Remarketing Agreement Legg Mason Wood Walker, Incorporated
TECA American National Bank and Trust Company of Chicago
(for limited purposes)
Sale of the Bonds pursuant to the Purchase Contract is hereby authorized.
Section 2. Definitions. The terms defined in the form of Indenture shall, for all
purposes of this Ordinance, have the meanings therein specified; and the words and terms used in
this Ordinance shall have the meanings specified herein, unless, in either case, the context or use
clearly indicates another or different meaning is intended. Definitions in the preambles are
incorporated in this Ordinance; further definitions are as follows:
"Ordinance" means this Ordinance, numbered and adopted on the date as set forth on the
title page hereof. •
no
• "Pledged Taxes" means the taxes levied on the taxable property within the City to pay
principal of and interest on the Bonds as made in Section 6 hereof.
"Tax-exempt" means, with respect to'certain of the Bonds, the status of interest paid and
received on such Bonds as not includable in the gross income of the owners thereof under the
Code for federal income tax purposes except to the extent that such interest will be taken into
account in computing an adjustment used in determining the alternative minimum tax for certain
corporations and in computing the "branch profits tax" imposed on certain foreign corporations.
Section 3. Incorporation of Preambles. The Corporate Authorities hereby find that the
recitals contained in the preambles to this Ordinance are true, correct, and complete and do
incorporate them into this Ordinance by this reference.
Section 4. Determination To Issue Bonds. It is necessary and in the best interests of
the City to provide for the Project, to pay all related costs and expenses incidental thereto, and to
borrow money and issue the Bonds for such purposes. It is hereby found and determined that
such borrowing of money is for a proper public purpose or purposes and is in the public interest
and is authorized pursuant to the Act; and these findings and determinations shall be deemed
conclusive.
Section 5. Bond Details. For the purpose of providing for the payment of the costs of
the Project and to pay all related costs and expenses incidental thereto, there shall be issued and
sold the Bonds in the principal amount of not to exceed $35,000,000. The Bonds shall be issued
in two series, all being General Obligation Variable Rate Demand Bonds, as follows:
DEFINED
PROJECT NAME
Sherman Plaza Project
• Sherman Plaza Project
DEFINED BONDS SERIES
Series 2002A
Taxable Series 2002B
BONDS
AMOUNT ($)
(NOT TO EXCEED)
32,000,000
7,000,000
-5-
The terms and provisions of the Bonds are as contained in the Indenture, or for Bonds in the •
event they are "Bank Bonds" as such term is defined in the Liquidity Facility, as further set forth
in the Liquidity Facility.
Section 6. Tax Levy. For the purpose of providing funds required to pay the principal
of and interest on the Bonds, there is hereby levied upon all of the taxable property within the
City, in the years for which any of the Bonds are outstanding, a direct annual tax sufficient for
that purpose; and there is hereby levied on all of the taxable property in the City, in addition to
all other taxes, the direct annual taxes for each series and collectively as follows (collectively,
the "Pledged Taxes"):
n
LJ
•
M
i..............................
..........................................................................................................................................................
.....•TO AND ....
LEVY
INCLUSIVE
FOR THE
A TAX SUFFICIENT TO PAY INTEREST ON AND PRINCIPAL OF
OF DEC 1 OF
YEAR
THE BONDS SO AS TO PRODUCE
THE DOLLAR SUM OF
€ THE YEAR
j..................................
p..............................................................................,,..............................................................................
p..................................
SERIES 2002A
SERIES 2002B
...................................:...........................................................................•••-.............................................................................._.................................._
`
2002
2,560,000
...........................................
700 000
q.......................................2......................................
2003
y..................................
..................................
q...................................
2,560,000
......................................._.
700,000........................... ..
_ .........2�.........
.
...........2003
..........
2004
........................................... ...........................
€ 2,560,000
700,000
2005
..................................
p..................................
............................................
.2560000
.2........................................
q................................. .............................................
00 000
_.......................................2............................6.......
q..................................
2006
_ ...................................
.........................................
2006
2 560 000
................................
700.000
q............................................................................q..................................�
€ 2007
..................................0.................................3.........)
2007
..................................._..............._..............
2,560,000
.........................................._..........................
.700,000
............................................._...................................
2008
2008
2 560 000
i............................................ .......................................2.......................................
700 000
2009
.................................,
..................................
2009
0..................................
€ 2 560,000
:.........................................
700 000
_ .........................2....................................
' ..........2010.........
_
2010
_..
€ 2,560,000
700=000............................'
2011
0.................................<
..................................p..............................................................................q.......................................
2011
2,560,000
€.700,000..........................
.........
2012.........
_
?
.................................._............................................................................_...............
2012
2,560,000
...................................
700 000
q.......................................2......................................
`• 2013 's
q.................................. t
..................................
2013
q...........................................
2560000
2......... I ..............................
.700 000
_ ......2....................................
_ ......... .........
2014
..................0...........
2014
.........................
€ 2,560,000
€ 700,000
...p..................................�
2015
€
..................................0..............................................................................q.....................................................................
2015
2 560,000
'............................._..........
2016
.....................2016-
...................................
€
.....
.2...........................................s.
2,560,000
.................................................
............................700.000
700,000
................................
2017 `•
- }
..............................................................................................................................................................................................................................
2017
34,560,000
7,700,000
-
2018
The Pledged Taxes and other moneys on deposit in the Bond Fund and allocable to the Bonds
shall be applied to pay principal of and interest on the Bonds. Interest or principal coming due at
any time when there are insufficient funds on hand from the Pledged Taxes to pay the same shall
be paid promptly when due from current funds on hand in advance of the collection of the
Pledged Taxes herein levied; and when the Pledged Taxes shall have been collected,
reimbursement shall be made to said funds in the amount so advanced. The City covenants and
agrees with the purchasers and registered owners of the Bonds that so long as any of the Bonds
remain outstanding, the City will take no action or fail to take any action which in any way
would adversely affect the ability of the City to levy and collect the taxes levied in this Section.
0 The City and its officers will comply with all present and future applicable laws in order to
-7-
assure that the Pledged Taxes may be permitted to be levied, extended, and collected as provided •
herein and deposited into the Bond Fund.
Section 7. Securityfor the Bonds; 'Abatements. The Bonds are a general obligation of
the City, for which the full faith and credit of the City are irrevocably pledged, and are payable
from the levy of the Pledged Taxes on all of the taxable property in the City, without limitation
as to rate or amount. Further, the obligations of the City with respect to the payment of costs,
fees, expenses, and other amounts due under the Indenture, the Liquidity Facility, the Bond
Purchase Agreement, and the Remarketing Agreement are a general obligation of the City for
which the full faith and credit of the City are irrevocably pledged. In each year, on or before the
deadline for the filing of an abatement of taxes levied by the City for such year, the City by its
Corporate Authorities may adopt an ordinance abating taxes for such year only upon a finding
that sufficient funds of the City will be on hand and available to pay principal of and interest on
the Bonds during the period otherwise provided for from such levy. •
Section 8. Filing with County Clerk. Promptly, when this Ordinance becomes
effective, a copy hereof, certified by the City Clerk of the City, shall be filed with the County
Clerk of the County of Cook, and the County Clerk shall in and for each of the years 2002 to
2017, inclusive, ascertain the rate percent required to produce the aggregate taxes provided to be
levied in each of said years and in said County; and the County Clerk shall extend the same for
collection on the tax books in connection with other taxes levied in said years in and by the City
for general corporate purposes of the City in said County, and in said years such annual taxes
shall be levied and collected by and for and on behalf of the City in like manner as taxes for
general corporate purposes for said years are levied and collected, and in addition to and in
excess of all other taxes.
0
• Section 9. Creation of Funds and Appropriations.
A. The Bond Fund and Project Fund are created in the Indenture.
B. The Pledged Taxes or other available funds of the City to be used to pay principal of
or interest on the Bonds shall either be deposited into the Bond Fund and used solely and only as
provided in Section 6 of this Ordinance or be used to reimburse a fund or account from which
advances to the Bond Fund may have been made to pay principal of or interest on the Bonds
prior to receipt of Pledged Taxes. The City hereby pledges, as equal and ratable security for the
Bonds, all present and future proceeds of the Pledged Taxes for the sole benefit of the registered
owners of the Bonds.
C. Proceeds of the Bonds shall be applied as provided in Sections 2.13, 5.01, and 5.02
of the Indenture.
Section 10. Tax Covenants. The provisions of this section shall apply only to the Tax
• Exempt Series of Bonds as defined in the Indenture and, further, is limited with respect to the
Series 2002A Bonds to only those bonds of such series as remain Tax-exempt and are not
converted to Taxable Bonds as provided in the Indenture (all of such bonds while Tax-exempt
being the "Series 2002 Tax-exempt Bonds"). The City hereby covenants that it will not take any
action, omit to take any action, or permit the taking or omission of any action within its control
(including, without limitation, making or permitting any use of the proceeds of the Tax-exempt
Bonds) if taking, permitting, or omitting to take such action would cause any of the Tax-exempt
to be an arbitrage bond or a private activity bond within the meaning of the Code or would
otherwise cause the interest on such Tax-exempt Bonds to be included in the gross income of the
recipients thereof for federal income tax purposes. The City acknowledges that, in the event of
an examination by the Internal Revenue Service of the exemption from Federal income taxation
• for interest paid on the Tax-exempt Bonds, under present rules, the City is treated as the
ME
"taxpayer" in such examination and agrees that it will respond in a commercially reasonable •
manner to any inquiries from the Internal Revenue Service in connection with such an
examination. In furtherance of the foregoing provisions, but without limiting their generality, the
City agrees: (a) through its officers, to make such further specific covenants, representations as
shall be truthful, and assurances as may be necessary or advisable; (b) to comply with all
representations, covenants, and assurances contained in the certificates or agreements as may be
prepared by counsel approving the Bonds and executed by an official of the City; (c) to consult
with such counsel and to comply with such advice as may be given, to the extent permitted by
law; (d) to file such forms, statements, and supporting documents as may be required and in a
timely manner; and (e) if deemed necessary or advisable by its officers, to employ and pay fiscal
agents, financial advisors, attorneys, and other persons to assist the City in such compliance.
The execution and delivery of a tax exemption certificate and agreement is hereby approved.
Section 11. Reimbursement. None of the proceeds of the Tax -Exempt Bonds will be i
used to pay, directly or indirectly, in whole or in part, for an expenditure that has been paid by
the City prior to the date hereof except "preliminary expenditures," as set forth in the Tax
Exemption Certificate and Agreement to be delivered by the City in connection with the issuance
of the Tax -Exempt Bonds, incurred prior to commencement of the Project or expenditures for
which an intent to reimburse has been properly declared under Treasury Regulations
Section 1.150-2. This Ordinance is in itself a declaration of official intent under Treasury
Regulations Section 1.150-2 as to all costs of the Project paid after the date falling 60 days prior
to the date of adoption hereof and prior to issuance of the Tax -Exempt Bonds.
•
-10-
iSection 12. Continuing Disclosure.
A. The City shall make all required filings and reports so that all requirements of
Rule 15c2-12(b)(5) of the United States Securities and Exchange Commission, as amended from
time to time, are met with respect to the Bonds.
B. Each year, the City shall provide annual financial information concerning the Bonds
to each nationally recognized municipal securities information repository and to any entity
designated by the State of Illinois as a state information depository for purposes of Rule
15c2-12(b)(5). A copy of the annual financial information shall also be provided to the Trustee
under the Indenture. The annual financial information shall be so provided within 210 days after
the end of the City's fiscal year, beginning with the fiscal year ending the last day of February
2003. Copies of the annual financial information shall also be made available to any Bondholder
or Beneficial Owner of the Bonds (as defined in the Indenture) upon request. The annual
• financial information shall include the City's audited financial statements, prepared in
accordance with generally accepted accounting principles. The annual financial information
shall also include the financial and operating information of the type set forth in the Official
Statement applicable upon the remarketing of the Bonds with a period, as provided in the
Indenture, of greater than nine months.
The annual financial information may include any or all information by incorporating, by
specific reference, other documents which have been provided to each of those national
information repositories, and the state information depository, if any. If the incorporated
information is in an official statement, it must be available from the Municipal Securities
Rulemaking Board. The annual financial information shall include a notice of any change in the
• City's fiscal year.
-11-
C. Upon the occurrence of any of the following events with respect to the Bonds, if •
material, the City shall report the event in a timely manner to the state information depository, if
any, and either to each of the national information repositories described above or to the
Municipal Securities Rulemaking Board;
(1) principal and interest payment delinquencies;
(2) non-payment related defaults;
(3) unscheduled draws on debt service reserves reflecting financial difficulties;
(4) unscheduled draws on credit enhancements reflecting financial difficulties;
(5) substitution of credit or liquidity providers or their failure to perform;
(6) adverse tax opinions or events affecting tax-exempt status of the Bonds;
(7) modifications to rights of owners of the Bonds;
(8) calls;
(9) defeasances; •
(10) release, substitution, or sale of property securing repayment of the Bonds; or
(11) rating changes;
The City will give a copy of each such report to the Trustee under the Indenture. The City will
give notice in a timely manner to the Trustee under the Indenture, to the state information
depository, if any, and either to each of the national information repositories or to the Municipal
Securities Rulemaking Board of any failure timely to provide the annual financial information as
provided in this paragraph.
D. The undertaking of the City in this Section is a contract between the City and the
Bondholders or Beneficial Owners of the Bonds. It may be enforced by any of the Bondholders
or Beneficial Owners of the Bonds. The remedy with respect to the City's compliance with its
undertaking under this paragraph shall be to require compliance. This Section is for the purpose •
-12-
• of assisting the underwriter or Remarketing Agent in complying with Rule 15c2-12(b)(5) and is
for the benefit of the Bondholders or Beneficial Owners of the Bonds, and shall create no right in
anyone else. No violation by the City of any provision in this Section shall constitute any Event
of Default or a default under this Ordinance, the Indenture, or under the Act.
E. The obligation of the City under this Section shall end upon the Bonds being paid or
treated as paid as provided in the Indenture, except for the obligations to give notice under (C)(6)
and (C)(7) above.
F. The City may by ordinance amend this Section at any time to the extent and in the
manner allowed by Rule 15c2-12(b)(5), as amended from time to time, if the City's undertaking
under this Section, as amended, shall continue to comply with the Rule, the amendment to be
effective upon receipt by the City of an opinion of counsel, selected by the Trustee under the
Indenture as having significant federal securities law expertise, to that effect. Any such
• amendment shall be described in the next annual financial information. '
G. The City may, from time to time, appoint or engage a dissemination agent, which
may be the Trustee under the Indenture, to assist it in carrying out its obligations under this
Section, and may discharge any such agent, with or without appointing a successor.
H. The obligations of the City in this Section to provide annual financial information
and reports of events as provided in (B) and (C) above shall not be in effect prior to conversion
of the Bonds to a Mode other than the Weekly Rate Mode, with a period of greater than nine
months, as provided in the Indenture.
Section 13. Publication of Ordinance. A full, true and complete copy of this Ordinance
shall be published within ten days after passage in pamphlet form by authority of the Corporate
Authorities.
•
-13-
Section 14. Superseder and Effective Date. All ordinances, resolutions, and orders, or •
parts thereof, in conflict herewith, are to the extent of such conflict hereby superseded; and this
Ordinance shall be in full force and effect immediately upon its passage, approval, and
publication.
AYES: Engelman, Rainey, Feldman, Newman, Jean -Baptiste,
Wynne, Bernstein, Kent, Moran
NAYS: None
ABSENT: None
ADOPTED: September 9, 2002
APPROVED: September 10, 2002
Mayor, City City of Evanston
Cook County, Illinois
A
Recorded In City Records: SeptemberZ`�, 2002.
Published in pamphlet form by authority of the Corporate Authorities on September /0,
2002.
ATTEST:
City C erk, f vanston
Cook Coun , llinois
•
•
-14-
•
•
STATE OF ILLINOIS )
) SS
COUNTY OF COOK )
CERTIFICATION OF MINUTES AND ORDINANCE
I, the undersigned, do hereby certify that I am the duly qualified and acting City Clerk of
the City of Evanston, Cook County, Illinois (the "City"), and as such official I am the keeper of
the official journal of proceedings, books, records, minutes, and files of the City and of the City
Council (the "Corporate Authorities") thereof.
I do further certify that the foregoing is a full, true and complete transcript of that portion
of the minutes of the meeting of the Corporate Authorities held on the 9th day of September
2002 (the "Meeting") insofar as the same relates to the adoption of an ordinance, numbered
82-0-02, and entitled:
AN ORDINANCE providing for the issuance of General Obligation
Variable Rate Demand Bonds, Series 2002A (Sherman Plaza
Project) and Taxable Series 2002B (Sherman Plaza Project), of the
City of Evanston, Cook County, Illinois, and providing for the levy
and collection of a direct annual tax for the payment of the
principal of and interest on said bonds.
(the "Ordinance") a true, correct, and complete copy of which Ordinance as adopted at the
Meeting appears in the foregoing transcript of the minutes of the Meeting.
I do further certify that the deliberations of the Corporate Authorities on the adoption of
the Ordinance were taken openly; that the vote on the adoption of the Ordinance was taken
openly; that the Meeting was held at a specified time and place convenient to the public; that
notice of the Meeting was duly given to all newspapers, radio or television stations, and other
news media requesting such notice; that an agenda for the Meeting was posted at the location
where the Meeting was held and at the principal office of the Corporate Authorities (being the
same location) at least 48 hours in advance of the holding of the Meeting; that said agenda
contained a separate specific item concerning the proposed adoption of the Ordinance; and that
the Meeting was called and held in strict compliance with the provisions of the Open Meetings
Act of the State of Illinois, as amended, and the Illinois Municipal Code, as amended, and that
the Corporate Authorities have complied with all of the provisions of said Act and said Code and
with all of the procedural rules of the Corporate Authorities in the adoption of the Ordinance.
IN WITNESS WHEREOF hereunto affix my official signature and the seal of the City this
day of September 2002.
[SEAL]
City Clerk
STATE OF ILLINOIS )
SS •
COUNTY OF COOK )
CERTIFICATE OF PUBLICATION IN PAMPHLET FORM
I, the undersigned, do hereby certify that I am the duly qualified and acting City Clerk of
the City of Evanston, Cook County, Illinois (the "City"), and as such official I am the keeper of
the official journal of proceedings, books, records, minutes, and files of the City and of the City
Council (the "Corporate Authorities") thereof.
I do further certify that on the i 6A day of September 2002 there was published in
pamphlet form, by authority of the Corporate Authorities, a true, correct and complete copy of
Ordinance Number 82-0-02 of the City providing for the issuance of $35,000,000 General
Obligation Variable Rate Demand Bonds, Series 2002A (Sherman Plaza Project) and Taxable
Series 2002B (Sherman Plaza Project), of the City and that said ordinance as so published was
on said date readily available for public inspection and distribution, in sufficient number to meet •
the needs of the general public, at my office as City Clerk located in the City.
IN WITNESS WHEREOF I have affixed hereto my official signature and the seal of the City
this i'1 day of September 2002.
City Clerk
[SEAL]
•