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92-158 1215Ei RESOLUTION WAIVING THE CITY OF ELGIN'S RIGHT TO DISAPPROVE THE ILLINOIS DEVELOPMENT FINANCE AUTHORITY' S INTENT TO ISSUE $6,000,000 INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR LUNT MANUFACTURING CO. , INC. WHEREAS, the Illinois Development Finance Authority (the "Authority' ) has submitted a written notice of the City of Elgin, Kane and Cook Counties, Illinois, (the "City" ) , advising the City that the Authority intends to issue its revenue bonds to finance a project for Lunt Manufacturing Co. , Inc. (the "Company" ) , some portion of which may be within the planning and subdivision control jurisdiction of the City, pursuant to the provisions of Illinois Revised Statutes, 1989, Chapter 48, Paragraph 850. 01 et seq. , known as "The Illinois Development Finance Authority Act" , as supplemented and amended (the "Act" ) ; and WHEREAS, the Act provides that the Authority shall not issue its revenue bonds to finance a project within the planning and subdivision control jurisdiction of a municipality unless, within forty-five (45) days after receipt of written notice from the Authority of such project, the corporate authorities fail to adopt a resolution disapproving such project, or have notified the Authority that the eft. municipality has adopted a resolution approving the industrial project; and WHEREAS, the Company desires that the Authority issue its revenue bonds to finance the Project within the forty-five (45) day period referred to above; and WHEREAS, the City Council of the City has reviewed said written notice from the Authority, and is familiar with the Project, the financing therefor and other relevant facts . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1 . That the City does hereby approve the financing of the Project by the Authority within the planning and subdivision control jurisdiction of the City. Section 2 . That the City hereby acknowledges that, by the adoption of this resolution, it is waiving any right it may have under the Act to disapprove the financing of the Project by the Authority within the planning and subdivision control jurisdiction of the City. Section 3 . That the provisions of this resolution are hereby declared to be separable, and if any section, phrase or provision shall, for any reason, be declared to be invalid, such declaration shall not affect the validity of the (I I t 1 fork remainder of the sections, phrases or provisions of this resolution. Section 4 . That all ordinances, resolutions or orders or parts thereof in conflict with the provisions of this Resolution are, to the extent of such conflict, hereby superseded. Section 5 . That this resolution shall be in full force and effect immediately upon its adoption. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: June 10, 1992 Adopted: June 10, 1992 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk ook