320 ORDINANCE NO. 2008-8
AN ORDINANCE AUTHORIZING THE BORROWING BY THE VILLAGE OF
COLFAX OF MONEY PURSUANT 1065 ILCS 5/8-1-3.1 OF THE ILLINOIS
MUNICIPAL CODE

PASSED: DECEMBER 15, 2008

APPROVED: DECEMBER 15, 2008

EFFECTIVE DATE: DECEMBER 15, 2008

PUBLISHED IN PAMPHLET FORM; DECEMBER 15, 2008

ORDINANCE NO. 2008-8
AN ORDINANCE AUTHORIZING THE BORROWING BY THE VILLAGE OF
COLFAX OF MONEY PURSUANT TO 65 ILCS 5/8-1-3.1 OF THE ILLINOIS
MUNICIPAL CODE

WHEREAS, the President and Board of Trustees of the Village of Colfax, McLean County, Illinois have reviewed the existing financial condition of the Village of Colfax, all funds currently available to the Village of Colfax from all of its fund resources, and the delay and failure of the State of Illinois to release certain tax funds to the Village of Colfax; and

WHEREAS, the President and Board of Trustees of the Village of Colfax, McLean County, Illinois, find it to be a matter of urgency and necessity for the Village of Colfax, McLean County, Illinois to authorize the borrowing of money from a financial institution pursuant to 65 ILCS 5/8-1-3.1 in order to maintain a proper fund balance for the payment of all village expenses so that such expenses are paid in a timely manner by the Village of Colfax;

WHEREAS, the President and Board of Trustees of the Village of Colfax, McLean County, Illinois, find that the President of the Board of Trustees should be authorized to borrow up to $150,000.00 at an interest rate not to exceed 4.25% from Peoples State Bank of Colfax, Colfax, Illinois and the President of the Board of Trustees should be further authorized to execute a promissory note or similar debt instrument, but not a bond, to evidence the indebtedness incurred by such borrowing pursuant to 65 ILCS 5/8-1-3.1 of the Illinois Municipal Code;

WHEREAS, the President and Board of Trustees of the Village of Colfax, McLean County, Illinois, find that the borrowing of up to $150,000.00 at an interest rate not to exceed 4.25% from Peoples State Bank of Colfax, Colfax, Illinois by the Village of Colfax, Mclean County, Illinois when combined with any and all other existing indebtedness of the Village of Colfax, McLean County, Illinois does not exceed the debt limitation as set forth in 65 ILCS 5/8-5-1 (8.625% of the value of the taxable property within the corporate limits of the Village of Colfax as ascertained by the last assessment for state and county purposes, previous to the incurring of such indebtedness; and

WHEREAS, the President and Board of Trustees of the Village of Colfax, McLean County, Illinois, find that it is a matter of urgency that this ordinance shall be in full force and effect from and after its passage, approval, and publication in booklet form, as provided by the laws of the State of Illinois.

NOW THEREFORE BE IT ORDAINED by the President and Board of Trustees of the Village of Colfax, McLean County, Illinois as follows:

Section 1. Authorization to Borrow up to $150,000.00 pursuant to 65 ILCS 5/8-1-3.1 That the President of the Board of Trustees is hereby authorized to borrow up to $150,000.00 at an interest rate not to exceed 4.25% from Peoples State Bank of Colfax, Colfax, Illinois, as soon as is practicable and the President of the Board of Trustees is hereby further authorized to execute a promissory note or similar debt instrument, but not a bond, to evidence the indebtedness incurred by such borrowing pursuant to 65 ILCS 5/8-1-3.1 of the Illinois Municipal Code.

Section 2. Severabilility. The provisions and sections of this ordinance shall be deemed separable and the invalidity of any portion of this ordinance shall not affect the validity of the remainder.
Section 3. Effective Date. That this Ordinance shall be in full force and effect from and after its passage, approval, and publication in booklet form, as provided by the laws of the State of Illinois.
Passed by the President and Board of Trustees of the Village of Colfax, McLean County, Illinois, on this/5 of December, 2008.

AYES: Donna Poppe; Dennis Farney; Bruce Green; Carol Stephenson; Lonnie Meiner; Rick Wagoner
NAYS: -0-
ABSTAIN: -0-
ABSENT: -0-

signature on file
Mayor (President of the Board), Village of Colfax

Attested and filed in my office this 15th day of December, 2008

signature on file
Village Clerk

CERTIFICATION OF ORDINANCE

STATE OF ILLINOIS )
)SS
COUNTY OF McLEAN )

I, Nancy Kiper, Village Clerk of the Village of Colfax, McLean County, Illinois, do hereby certify that the foregoing Ordinance constitutes a true and correct copy of said Ordinance, passed, approved, and published on the 15th day of December, 2008.
I do further certify that said Ordinance has been placed in the permanent records of said Village where it now appears and remains in the Book of Minutes.
In Witness whereof, I have hereunto set my hand and seal of the Village of Colfax, McLean County, illinois, this 15th day of December, 2008.

signature on file
Nancy Kiper, Clerk of the Village of Colfax,
McLean County, Illinois.

CERTIFICATION OF ORDINANCE PUBLISHED IN PAMPHLET FORM

STATE OF ILLINOIS )
)SS
COUNTY OF MCLEAN )

I, Nancy Kiper, certify that I am the duly elected and acting municipal clerk of the Village of Colfax, McLean County, Illinois and I further certif that on December 15, 2008, the Corporate Authorities of such municipality passed and approved Ordinance No. 2008-8, entitled "AN ORDINANCE AUTHORIZING THE BORROWING BY THE VILLAGE OF COLFAX OF MONEY PURSUANT TO 65 LLCS 5/8-1-3.1 OF THE ILLINOIS MUNICIPAL CODE" which provided by its terms that it should be published in pamphlet form. The pamphlet form of Ordinance No. 2008-8, including the Ordinance and a cover sheet thereof, was prepared, and a copy of such Ordinance was posted in the municipal building, commencing on December 15, 2008, and continuing for at least ten days thereafter. Copies of such Ordinance were also available for public inspection upon request in the office of the municipal clerk

Dated at Colfax, Illinois, this 15th day of December, 2008.

signature on file
Village Clerk



VILLAGE OF COLFAX COUNTY OF McLEAN STATE OF ILLINOIS

ORDINANCE NO. 2008-06

AN ORDINANCE APPROVING A SUBDIVISION PLAT IN REGARD TO PART
OF LOT 2 IN BLOCK 19 IN ANDERSON'S SECOND ADDITION TO THE
VILLAGE OF COLFAX, McLEAN COUNTY, ILLINOIS

VILLAGE OF COLFAX COUNTY OF McLEAN STATE OF ILLINOIS

ORDINANCE NO. 2008-06

AN ORDINANCE APPROVING A SUBDIVISION PLAT IN REGARD TO PART OF LOT 2 IN BLOCK 19 IN ANDERSON'S SECOND ADDiTION TO THE VILLAGE OF COLFAX. MC LEAN COUNTY. ILLINOIS.

ADOPTED BY THE VIILAGE BOARD OF TRUSTEES OF THE VILLAGE OF COLFAX THIS 6th DAY OF OCTOBER, 2008.

PASSED: October 6th, 2008
APPROVED:�October 6th, 2008
RECORDED: October 6th, 2008
PUBLISHED: October 6th, 2008

In Pamphlet Form
Voting "Aye: 4
Voting "Nay": 0

The undersigned being the duly qualified and Village Clerk of the Village of Colfax does hereby certify that this document constitutes the publication in pamphlet fonu, in connection with and pursuant to Section 1-2-4 of the Illinois Municipal Code, of the above-captioned ordinance and that such ordinance was presented, passed, approved, recorded and published as above stated.

signature on file
Village Clerk of the Village of Colfax
McLean County, Illinois

Dated:�October 6, 2008.

ORDINANCE NO. 2008-06

AN ORDINANCE APPROVING A SUBDIVISION PLAT IN REGARD TO
PART OF LOT 2 IN BLOCK 19 IN ANDERSON SECOND ADDITION
TO THE VILLAGE OF COLFAX, MC LEAN COUNTY, ILLINOIS.

WHEREAS, Cheryl Poppe, agent under a written power of attorney for her principal, Kenneth G. Gloyd, the agent's father, has submitted a proposed plat of subdivision (a copy of which is attached hereto) to the Mayor and Board of Trustees of the Village. of Colfax for consideration and approval, in accordance with the ordinances of said village; and

WHEREAS, the Mayor and Board of Trustees of the Village of Colfax, McLean County, Illinois a municipal corporation, have reviewed the proposed plat of subdivision for a part of Lot 2 in Block 19 in Anderson's Second Addition to the Village of Colfax, McLean County. illinois; and

WHEREAS, the Mayor and Board of Trustees of the Village of Colfax have determined that said plat meets all requirements of the subdivision code of the Village of Colfax, and that said - and the subdivision proposed to be made as evidenced on the face of said plat meets the intent and requirements of Chapter 22, Subdivisions, Section 2113, of the Municipal Code of the Village of Colfax, as amended, and that approval of said proposed plat is in the best interest of the Village and its residents,

NOW, THEREFORE, BE IT ORDAINED, by the Mayor and Board of Trustees of the Village of .Colfax, McLean County, Illinois, in lawful meeting assembled, as follows:

Section 1.�The plat regarding subdivision of Lot 2 in Block 19 of Anderson's Second Addition to the Village of Colfax, McLean County, illinois (undertying lands PIN; 17-03-228-037), has been reviewed and considered by the aforesaid Mayor and Board of Trustees, and after consideration thereof, it is the opinion of the aforesaid Mayor and Board of Trustees that the intent and purpose of the provisions of Chapter 22, Subdivisions, of the Municipal Ordinances of the Village of Colfax, McLean County, illinois, are not violated by such plat and that the construction of the improvements as otherwise required under the aforesaid Chapter 22 cannot be reasonably enforced; thus, the Mayor and Board of Trustees of the aforesaid village, by adoption of this ordinance, waive the application and enforcement of the provisions of the aforesaid Chapter 22 and approve the aforesaid plat without requiring further procedure by the applicant or any other individual or entity, and the plat regarding the subdivision of Lot 2 in the aforesaid Block 19 of Anderson's Second Mdition, a copy of which is attacked hereto as Exhibit A, arid incorporated herein by reforence, is hereby approved.
Section 2.�The Mayor and the Clerk of the Village of Colfax are hereby directed to execute all necessary documents and certificate as may be appropriate in order to evidence the approval by the Village of Colfax of the aforesaid proposed plat, and to cause and direct the recording of said final plat at the applicant's expense promptly. Upon recording the same, copies of said recorded - shall be provided as may be appropriate to the Village for record purposes.
This ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form, as required by law.

PASSED by the Village Board of Trustees of the Village of Colfax, Illinois, upon the motion by

signature on file, seconded by signature on file
(Carol Stephenson)(Bruce Green)

�

By roll call vote on the 6th day of October, 2008 as

Trustees elected: 6

VOTING AYE: Donna Poppe; Bruce Green; Carol Stephenson; Rick Wagoner
VOTING NAY: -0-
ABSENT, ABSTAIN, OTHER: Dennis Farney; Lonnie Meiner

and ddeposited and filed in the office of the Village Clerk in said municipality on the 6th day of October, 2008.

signature on file
Nancy Kiper, Village Clerk of the Village of Colfax, McLean County, Illinois

APPROVED BY the Mayor of the Village of Colfax, Illinois, in this 6th day of October, 2008.

signature on file
Ric Onken, Mayor of the Village of Colfax, McLean County, Illinois

ATTEST:

signature on file
Nancy Kiper, Village Clerk of the Village of Colfax, McLean County, Illinois

PUBLICATION CERTIFICATE

I, Nancy Kiper certify that I am the duly appointed and acting municipal�clerk of the Village of Colfax of McLean County, Illinois.
I further certify that on�October 6, 2008, the Corporate Authorities of such municipality passed and approved Ordinance No.�2008-06, entitled:
AN ORDINANCE APPROVING A SUBDIVISION PLAT IN REGARD TO
PART OF LOT 2 IN BLOCK 19 IN ANDERSON'S SECOND ADDITION
TO THE VILLAGE OF COLFAX, MC LEAN COUNTY. ILLINOIS,
which provided by its terms that it should be published in pamphlet form.
The pamphlet form of Ordinance No. 2008-06�including the Ordinance and�a cover sheet thereof was prepared, and a copy of such Ordinance was posted at the municipal building, commencing
on�October 6, 2008, and continuing for at least ten days thereafter.
Copies of such Ordinance were also available for public inspection upon request in the office of the municipal clerk.

Dated at Colfax, Illinois, this�6th day of October, 2008.

signature on file
Municipal Clerk

STATE OF ILLINOIS�)
��������������������������� ) SS
COUNTY OF McLEAN�)

I. Nancy Kiper do hereby certify that I am the duly qualified and acting Village Clerk of the Village of Colfax. McLean County, Illinos and as such Village Cerk that I am the keeper of the records and files of the Mayor and the Village Board of Trustees of said Village.
I do further certify that the foregoing is a true, correct and complete copy of an ordinance entitled:
AN ORDINANCE APPROVING A SUBDIVISION PLAT IN REGARD TO
PART OF LOT 2 IN BLOCK 19 IN ANDERSON'S SECOND ADDITION
TO THE VILLAGE OF COLFAX, MC LEAN COUNTY. ILLINOIS.
I do further certify said ordinance was Sop by the Village Board of Trustees of the Village of Colfax at a regular meeting on the 6th day of October, 2008 and prior to the making of this certificate the said ordinance was spread at length upon the permanent records of said Village where it now appears and remains as a faithful record of said ordinance in the record books.

Dated this 6th day of October, 2008.

signature on file
Village Clerk

SUBDIVISION PLAT IN THE VILLAGE OF COLFAX, MC LEAN COUNTY, ILLINOIS

MUNICIPALITY APPROVAL

We; the undersigned Mayor and Village Clerk of the Village of Colfax, McLean County, Illinois, do hereby certify that the plat to which this document is attached (Subdivision Plat, Colfax, Illinois, prepared by Carl J. Krause of Krause Surveying Inc., and identified on said plat as Order No. 080833-A) was approved by the Mayor and Board of Trustees of the Village of Colfax, Illinois, on the 6th day of October, 2008.

signature on file
Ric Onken, Mayor/President of the Village of Colfax, Illinois

signature on file
Nancy Kiper, Village Clerk of the Village of Colfax, Illinois

STATE OF ILLINOIS�)
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COUNTY OF McLEAN�)

OWNER'S CERTIFICATE AND SCHOOL DISTRICT CERTFICATE

KNOW ALL MEN BY THESE PRESENTS: The undersigned hereby certifies that Kenneth�Gloyd is the owner of all the premises embodied in the attached plat showing a subdivision of Lot 2 in Block 19 of Anderson's Second Addition to the Village of Colfax, McLean County, Illinois,and the undersigned has caused said plat to be made and it is a true and correct plat of the Subdivision in the Village of Colfax, McLean County, Illinois, as laid off by Carl J. Krause, Registered Illinois Land Surveyor Number 175O and the undersigned hereby dedicates to the Village of Colfax, McLean County, Illinois, and sets apart for the use of the general public forever, all of the streets and thoroughfares as indicated and shown on said Flat; and the undersigned further dedicates easements within the rights-of-way of such streets and thoroughfares to the applicable public utility companies for those utility installations that are permitted by this and other ordinances and codes of the Village of Colfax, McLean County. Illinois, to be installed in sweet or thoroughfare rights-of-way. To the best of the knowledge of the undersigned owner, the school district in which each tact, parcel, lot, or block, described as being part of the Subdivision in the Village of Colfax, McLean County, Illinois, is located in Ridgeview Community Unit School District No. 19.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal this 6th day of October, 2008.

Kenneth Gloyd
By: signature on file
Cheryl Poppe,�agent for Kenneth Gloyd under an�Illinois Statutory Short Form Power of Attorney for Property

NOTARY CERTIFICATE

STATE OF ILLINOIS �)
���������������������������� ) SS
COUNTY OF McLEAN� )

I, the undersigned, a Notary Public in and for said County and State aforesaid, do hereby certify that Chesyl Poppe, agent for Kenneth Gloyd under an Illinois statutory short form power of attorney for property, personally known to me to be the same persons whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that she signed, sealed, and delivered the said instrument as her free and voluntary act for the uses and purposes therein set forth, including the release and waiver of homestead, and including the grant of certain general utility easements to the applicable public utility companies.

Given under my hand and notarial seal this�24th day of September, 2008.

signature on file
Notary Public

My Commission Expires: 11.17.2011

STATE OF ILLINOIS�� )
����������������������������� ) SS
COUNTY OF MCLEAN� )

COUNTY CLERK'S CERTIFICATE

I, Peggy Ann Milton, County Clerk of McLean County, State of Illinois, do hereby certify that on the 29th day of�September, 2008, there were no delinquent general taxes unpaid, special assessments, or delinquent special assessments against the tract of land shown on the plat attached to this certificate and described in the Certificate of the Surveyor attached hereto and to said plat (parcel no. 17-03-228-037).

signature on file
County Clerk, McLean County, Illinois