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HomeMy WebLinkAbout1996-02-26 96-133 ORDERCOUNCIL ACTION �'. DATE: 2-26-96 Item No. 96-133 Item/Subject: ORDER, Authorizing the City to Participate in the State Revolving Loan fund with Respect to Previously Authorized $2,425,000 General Obligation Bonds Responsible Department: Finance Commentary: On June 12, 1995 in C.O. 95-264, the City Council authorized the issuance of $2,425,000 in general obligation bonds to fund various combined sewer overflow projects. The major projects included in this authorization were the Onion Street Separation Project ($1,320,000), the Preemont Street Separation Project ($245,000), the Poplar Street Separation Project ($240,500), and the Barkersville Connecting Pipe ($250,000). In addition, a number of Smaller projects were also authorized. The majority of these projects are either completed o underway and weecurrently working to finalize borrowing to reimburse the Sewer Fund for these expenses. The attached Order would specifically authorize us to participate in the State Revolving Loan Fund with respect to these general obligation bonds. This order has been drafted by our Bond Counsel, and we would request your approval to proceed in this fashion. The Finance Committee has reviewed this Order and recc minds approval to the full Council. DEPARTMENT HEAD Manager's Comments: I would recommend your approval. - Budget Approval: FINANCE DIRE Legal Approval: �(/^ �CA/ZITY 901ICI R —Introduced For P _ Passssagg e _ First Reading Referral Page of CITY MANA(i6R Aaageiacea Information : orae: Budget Approval: FINANCE DIRE Legal Approval: �(/^ �CA/ZITY 901ICI R —Introduced For P _ Passssagg e _ First Reading Referral Page of 96-133 AeripaN to CaunNw Leen February 26, 1996 CITY OF BANGOR (TITLE.) VIrUrs _............... Au[aorizing.the GtymPertigipaemfire Smte llpvolvmglum_ Fund with Respect to Prtswusly Authorized 82,425.000 General Obligation Bonds ..------- ._ ._ ......._...... ..__. _..... __. _._ ........... so but city couneR offal Oib ofBanear ORDERED, THAT WHEREAS, on dune 12, 1995, the City Council of the City ofBangor adopted a bond order (the "Boal Order') captioned "Order Authorizing an issue of up to $2,425,000 of General Obligation Bonds and a tax Levy Therefore for Various Sewer Proje to (the "Bonds"), the proceeds of which, less premium, if any, were to be used and were thereby appropriated to pay the cost of certain sewer improvement projects more My descnbed tberein (the "ProjecoC); and WHBREAS, the City des"ues to issue the Bonds through tae State of Maine Revolving Loan Fund Program and to otherwise supplement the terms ofBoed Order, NOW, THEREFORE, BY THE CITY COUNCM OF TILE CITY OF BANGOR, BE IT HEREBY ORDERED: THAT, upon each exchange ortransfer ofa bond as specified in the Bond Order, the City and the Transfer Agent shell make a charge sufficient to cover any mat, fee or arty other governmental change required to be payable with respect to such exchange or transfer, and with respect to such exchange or transfer and subsequent to the first exchange or transfer, the cost of preparing new bonds upon exchange or varesfer thereof to be paid by the person requesting the sane; and THAT, the Finance Director be and hereby is authorized to undertake all acts necessary to provide for the issuance and transfer of the Bonds in book -entry form pursue t to the Depository Trust Company Book -Entry Only System, as an ahemative to the provisions of the foregoing Order above regarding physical trander of bonds, and the Fiance Charter be and hereby is authorized and empowered to enter into a Letter of Representation or my other comract, agreement or umimsmding necessary or, in Itis opiNoq appropriate in order to qualify, the bonds for and participate in the Depository Treat Company Book -Entry Only System; and THAT the Finance Director and Chair of the City Council from time to time shall execute such bonds as may be required to provide for a charges or transfer of bonds as heretofore authorized, au such bonds to bear the original signature of the Finance Director mid Char of the City Council, and m case mry officer of Use City whose signature appears on my bond shall cause to be such offer before the delivery of said bond, such signature shell nevenheless be valid and sutfict an for all purposes, the arms as ifsuch offer had remained in office until delivery thereof, and THAT the Finance Director and Chau of the City Council be and hereby are authorized and directed to covenant ad certify on behalf of the City fast no part of the proseeds of the issue and sale of the Bods authorized to be issued bereunder shell be used directly or indirectly to acqu've mry securities or obfigafimea the acquisition of which would cause such notes to be "arbitrage bods" within the meaning of Section 148 of the lntmnel Revenue Code of 1986, as amended; and ' 96-133 �y '111AT the offscers mounting the Banda be and hereby arc individually anbarized co oavmaM and agree, on bebelfofthe City, forthebenefit ofthe holders of such Binds, that the City will file my tequiwl report and lake any other action that may, he nerrssa.y W insure that ancient on the nares will remain exempt from federal income axmioa, and that the City will refrain from any anion that would cause interest on the rules to be abject to fMdal income laxation; 'THAT the officers "denting the Bands be and thereby are individually authorized to covenant catUfy and agree, onbehdfofthe City, lot the benefit oftheholders attach Bonds, that the City will file any sequirel repotts, make my arcual finatcial or material event dischusarc;aM take any order action that maybe neocoary to insure that the disclosure requfmmmt imp by Rule 15c2-12 of the Securities and Exchange Commission, if applicable, are mat; T1 Xran amount sufficient for the payment of the usual Payment of principal and imemst on the Bonds and any cotes issued hereunder shall be included in the bus levy of each you cold the debt represented by said bonds and notes is extinguished; 111AT any or all of the bonds issued under the Bund Ordd may be consolidated with and hocanrc a pmt of any other issue oftempoarynores or general obligation binds a ilionrad to be Bract] by my previous or subsequent Odd of the City Coined of the City of Bangor; TBAT the Ids "calf' or "costs" as wed he the Boned Order call Anent and applied W the I'mimts, or my Pdolu t thereof, includes, but is int Routed to (1) the purchase price or acquisition cost of all or my portion of the Traject (2) the cost of construction, building, altmauon, sdergemen4 reconstruction,re dvadon,improvement, and equipping of the Project; (3) all apputtmmces and other facilities oither on, above, or under the ground which ere used or usable in connection wish the Project; (4) landscaping, site preparation mad remodeling of any improvements or heiliues; (5)the cost afall labor, materials, building systems, machinery, and equipment; (6) the cast of lead, attendants, real property inbaders, rights, casemws, marl hanchisa acquired in connection with the Project; (2) the cost of all utility concessions and star improvements and development; (8)the cost of planning, developing, preparation of spec! fiwtions,surveys, engineering, fumbility studies, legal and otherprufessional servies associated with the Project (9) the cost of environmental studies and assessments; (10) the cost ofBrunei ng charges and haumce costs, including premiums for insurance, interest prior W and during construction, wderwriters' fees and cosec, legal and accounting fns and ants, application tau, and other fees and expepsu relating at the financing transaction; and (1I) the cost of all other fimmcing authorized hereunder, whether related or unrelated to the foregoing; and 96-133 TBAT the Finance Director, Chairman of 0re City Council and Clerk and other proper officials ofthc City be, and hereby are autherized and empowered in its reme and on its behalf to do Or cause to be done ell such new and things as may he necessary or desirable in order to effect the issuance, sale and delivery of the Bonds hereinabove authorized. TRAT in ruder in inflect the Imrrnwing and issuance offends, or any series themof, amborized hereunder mrd to fmaace the costs of thin Projects described in the Bond Order, the Fieriness Director and the Chairman of the City Council me hereby authorized and empowered in the name of and ore behalf of the City to borrow an amount rot to mrecnd $2,425,000 at any one since outstanding from rhe Maine Municipal Bond Back (the "Bark") (except that such amount may be exceeded when aggregated with any other announts duly authorized to be borrowed by the City from the Bark) pursuant to the Slate's Revolving Loan Furl program established under 30-A MRSA. §6006-A and administered by she Beparlment of Environmental Protection and the Bank and a enter into a Loan Agreement between the City and the Book providing for aloan from the Bank in a principal amount not in excess of $2,425,000 and the Finance Director be and hereby is authorieud and empowered, in the name and on behalf of the City, to execute and deliver, under the seal of the City athated by its Clerk a Loan Agreement between die Ciry and the Bank providing for a Ivan from the Bank to the City in an amount not in exceed such amount said Loan Agreement to he in the usual and ordinary form utilized by the Bank in correction with the Some Revolving Loan fund which is hereby approved, and to contain such other terms and provisions, not contrary m the general tenor hereof, as the Finance Director may approve, his approval to be conclusively evidenced by this execution thereof. TIIAT the Finance Director and the Chairman of the City Council be and hereby are individually authorized and empowered, in the name of and on behalf of the City, or execute and file with the Maim Municipal Bond Bank and/or the Department of Environmental Protection an application for the Ci to issue mid sell up m$2,425,000 aggregate principal amomt of its bonds to the Maine Municipal Bond Bank pursoatto the State Revolving Leen Fund program. TBA'1'the following wasolulions requited by Section C(4)(e) of the Sime of Maine Revolving Lease pond Rules, Chapter 595, Department ofEnviromneatal protection and Maine Municipal Bond Bank (the "SRF Regulations"), and governing the loan to be made to the Clty under Oce Stare Revolving Loan Fund Program be and hereby are adopted. (1) That a Project Account shall be created for the Projects which shall be separate from aB other accounts of the City. if operating revenues are to be used to retire the debt, a sub -annum will be established. (2) That the Project Account shall be maintained in accordance with standards set forth by the Maine Municipal Bond Bank and in accordance with generally accePted government account standards. 96-133 !% (3) That a foul accounting shall be made to the Bank ofthe Total cost of the project upon completion ofthe project performmco certification as set out in Section C(3) of the SRF Regulations and the City acknowledges that the Bank reserves the right a its sole dismetiw to be provided with a cost cenification of the Project as built. (4) That an annual audit of the City. prepared by a certified public comment or licunsed public accomtwt be provided to the Bank for the tam of the loan (5) That the City shall maintain insurance coverage 01, the Fmjuwt in an omowt a holuatc to portent the Bank's interest for the term of the lour with the Bank named ns loss payee. (6) That the City will comply with any special conditions specified by the Depadmerd of Environmental Protection's environmental determination until all financial obligations to the State have been discharged (7) That the City certity to the Bank that it hassecured all permits, becomes and approvals necessary and that it has a dedicated source of revenue for repayment (S) That the City establish a rase, charge or assessment schedule in order to pay principal am interest Such rate change or schedule shall provide total operations and debt service coverage at a level at which the coverage for the Bank is sufficient (9) ]Tel the City must demonstrate the ability to pay reasonably anticipated costs of operating and main alydag the finsmed Roject. (10) That the City abide by the SRF Regulations, as revised and cascaded and relevwt Stene statute of the Sate of Maim. M 15N 1.m(; L.MY COORC14 96-133 'February 26,1 -96 Pae9€d 0 RDE R.. J Title, Au thoriing the City to Participate T CLERR in the State Revolving Loan Fund with Respect - to 'P sb Bly Authorized $2.623 000 General Obligation �Rovde •r ..:....................... m A uigned to . Coumilman