2-32-990 Covenants in bonds.

   Any ordinance authorizing the issuance of bonds under this ordinance may contain covenants as to (a) the use and disposition of the revenues and receipts from any residential development or home mortgages for which the bonds are to be issued, including the creation and maintenance of reserves; (b) the issuance of other or additional bonds relating to any residential development or any rehabilitation, improvements, renovations, enlargements or additions thereto; (c) the maintenance and repair of such residential development or any homes; (d) the insurance to be carried on any residential development, home, home mortgage or bonds and the use and disposition of insurance moneys; (e) the appointment of one or more banks or trust companies within or outside the State of Illinois, having the necessary trust powers, as trustee and/or custodian for the benefit of the bondholders, paying agent or bond registrar; (f) the investment of any funds held by such trustee or custodian; (g) the maximum interest rate payable on any home mortgage; and (h) the terms and conditions upon which the holders of the bonds or any portion thereof or any trustees therefor, are entitled to the appointment of a receiver by a court of competent jurisdiction, and said terms and conditions may provide that the receiver may enter and take possession of the residential development or home mortgages, or any part thereto, and maintain, lease, sell or otherwise dispose of such development or mortgages, prescribe rentals or other payments and collect, receive and apply all income and revenues thereafter arising therefrom. Any ordinance authorizing the issuance of bonds under this ordinance may provide that the principal of and interest on any bonds issued under this ordinance shall be secured by a mortgage, pledge, security interest, insurance agreement or indenture of trust covering such residential development or home mortgages for which the bonds are issued and may include any improvements or extensions thereafter made. Such mortgage, pledge, security interest, insurance agreement or indenture of trust may contain such covenants and agreements to properly safeguard the bonds as may be provided for in the ordinance authorizing such bonds and shall be executed in the manner as may be provided for in the ordinance. The provisions of this ordinance and any such ordinance and any such mortgage, pledge, security interest or indenture of test shall constitute a contract with the holder or holders of the bonds and continue in effect until the principal of, the interest on, and the redemption premiums, if any, on the bonds so issued have been fully paid or provision made therefor, and the duties of the municipality and its corporate authorities and officers under this ordinance and any such ordinance and any such mortgage, pledge, security interest or indenture of trust shall be enforceable as provided therein by any bondholder by mandamus, foreclosure of any such mortgage, pledge, security interest or indenture of trust or other appropriate suit, action or proceeding in any court of competent jurisdiction; provided the ordinance or any mortgage, pledge, security interest or indenture of trust under which the bonds are issued may provide that all such remedies and rights to enforcement may be vested in a trustee (with full power of appointment) for the benefit of all the bondholders which trustee shall be subject to the control of such number of holders or owners of any outstanding bonds as provided therein.

(Prior code § 7-89)

2-32-1000 Signature of bonds – Validity of proceedings.

   The bonds shall bear the manual or facsimile signatures of such officers of the municipality as may be designated in the ordinance authorizing such bonds and such signatures shall be the valid and binding signatures of the officer of the municipality, notwithstanding that before the delivery thereof and payment therefor any or all of the persons whose signatures appear thereon have ceased to be officers of the municipality issuing such bonds. The validity of the bonds is not dependent on nor affected by the validity or regularity of any proceedings relating to the residential development or home mortgages for which the bonds are issued. The ordinance authorizing the bonds may provide that the bonds shall contain a recital that they are issued pursuant to this ordinance, which recital shall be conclusive evidence of their validity and of the regularity of their issuance.

(Prior code § 7-90)

2-32-1010 Securing of bonds.

   Bonds issued under this ordinance may be secured by a pledge of or lien upon the revenues and receipts derived from the residential development or home mortgages or from any notes or other obligations of lending institutions with respect to which the bonds have been issued, and the governing body may provide in the ordinance authorizing such bonds for the issuance of additional bonds to be equally and ratably secured by a lien upon such revenues and receipts or may provide that the lien upon such revenues and receipts is subordinate.

(Prior code § 7-91)

2-32-1020 Liability limitations for bonds.

   All bonds issued under and pursuant to this ordinance shall be limited obligations of the municipality payable solely out of the revenues and receipts derived from the residential development or home mortgages or from any notes or other obligations of lending institutions with respect to which such bonds are issued. No holder of any bonds issued under this ordinance has the right to compel any exercise of taxing power of the municipality to pay the bonds, the interest or redemption premium, if any, thereon, and the bonds shall not constitute an indebtedness of the municipality or a loan of credit thereof within the meaning of any constitutional or statutory provision, nor shall the bonds be construed to create any moral obligation on the part of the municipality or any political subdivision thereof with respect to the payment of such bonds. It shall be plainly stated on the face of each bond that it has been issued under the provisions of this ordinance and that it does not constitute an indebtedness of the municipality or a loan of credit thereof within the meaning of any constitutional or statutory provisions.

(Prior code § 7-92)

2-32-1030 Investment of funds.

   The municipality, or any trustee or custodian on behalf of the municipality, may invest any funds held by it as provided in the ordinance authorizing the issuance of the bonds.

(Prior code § 7-93)

2-32-1040 Public building regulations waived.

   The acquisition, construction or rehabilitation of a private residential development or a home shall not be subject to any requirements relating to public buildings, structures, grounds, works or improvements imposed by the Illinois Compiled Statutes or any other similar requirements which may be lawfully waived by this section and any requirement of competitive bidding or restriction imposed on the procedure for award of contracts for such purpose or the lease, sale or other disposition of property of the municipality is not applicable to any action taken under authority of this ordinance.

(Prior code § 7-94; Amend Coun. J. 3-31-04, p. 20916, § 4.4)

2-32-1050 Unlawful discriminatory activities.

   No person engaged in activities or transactions contemplated in this ordinance shall discriminate against any person on the basis of race, color, religion, sex, creed, ancestry, national origin, or physical or mental handicap in connection with such activities or transactions. Any agreement pursuant to which a lending institution originates, makes or services home mortgages pursuant to this ordinance shall contain the substance of the following clause:

   This institution will not arbitrarily reject mortgage loans for residential properties within a specific geographic area in Chicago because of the location and/or age of the property, or in the case of a proposed borrower, arbitrarily vary the terms of those loans or the application procedures for those loans because of race, color, religion, national origin, age, sex or marital status. In addition, the institution will make loans available on low and moderate income residential property in the neighborhoods of the City of Chicago within the limits of its legal restrictions and prudent financial practices.

   The lending institution shall report to the municipality and the governing body of the municipality for the period and as specified in any ordinance authorizing bonds to be issued hereunder, at least the following information:

   (a)   Number of mortgages granted;

   (b)   Number and amount of mortgages by census tract and/or zip code; and

   (c)   The adjusted gross income of all mortgagors for the previous year.

(Prior code § 7-95)

2-32-1060 Article XI provisions not exclusive.

   The powers conferred by this ordinance are in addition and supplemental to, and the limitations imposed by this ordinance shall not affect, the powers conferred by any other ordinance. Residential developments and home mortgages may be acquired, purchased, constructed, reconstructed, rehabilitated, improved, bettered, equipped, extended and financed, and bonds may be issued under this ordinance for such purposes, notwithstanding that any law or any other ordinance may provide for the acquisition, purchase, construction, reconstruction, rehabilitation, improvement, equipping, betterment, extension and financing of a like residential development or like home mortgages, or the issuance of bonds for like purposes, and without regard to the requirements, restrictions, limitations or other provisions contained in any law or any other ordinance.

(Prior code § 7-96)

2-32-1070 Severability clause.

   The provisions of this ordinance are severable and if any of its provisions or any sentence, clause or paragraph shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions.

(Prior code § 7-97)