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HomeMy WebLinkAbout1996-07-08 96-306 ORDERCOUNCIL ACTION Date: 7-8-96 Item No 96-306 Item/8ubject: ORDER Authorizing an Issue of $1,500,000 Aggregate Principal Amount of Bonds and a Tax Levy Therefor for various City and School Department projects Reaponeible Department: City Manager CO®antaryl The attached Order would authorize bunch for a variety of School Department and City projects. The largest portion is for the School Department and is designed to address avre iety of heads identified in recent "are. This is the second portion ofa three year project to address these needs. The i includes $1.000,000 in Bond Anticipation Note$ for new projects and $1,500,000 in Bond Anticipation Notes to retire those that were issued last year. City projects include repaving and reroofing at the Motor Pool, improvement, to Sawyer N9na, reroofing the Central Fire Station and various RACTS projects. Prior to formal action on this 6Mer, a public hearing is required. Additionally, 'a two thirds majority of the Council must approve the issuance of this debt. Associated Infotmeticn: Budget Approval: PINANCP DIRECTOR Legal Approval: CITY SOLICIT _Introduced For _ Passage • First Reading Page of_ • Referral to Finance Committee ?wIy Ir 5/1.� &=-151111.• Aarigmd [o CowcOw Blanchette July 8, 1996 r CITY OF BANGOR (TITLE.) 0HT1>ET,11.1..1.,.,, AUTHORISING. AN ISSUE OF _$1,500,000 AGGREGATE PRINCIPAL AMOUNT OF BONDS, PLUS UP TO 38 OF THE PRINCIPAL AMOUNT TO FUND ISSUANCE COSTS, AND A TAX LEVY THEREFORE FOR VARIOUS ­61TY AND-WHOOL DEPARTMENT PROSBCTS By Nm city CesseV efthe City afBanssr.. 1 t � THAT Pursuant to 30-A M.R.S.A. §5072, Section 8 of Article VI of the City Charter (Private and Special Laws of 1931, Chapter 56) authority thereto enabling, there Is hereby authorised the issue up to One Million Five Hundred Thousand Dollars ($1,500,000) aggregate principle amount of general obligation bonds of the City of Bangor, plus up to three percent (38) of the principal amount of each issue or series to fund issuance casts. The proceeds derived from the sale of said Bonds, less premium, if any, will be used and are hereby appropriated to pay the costs (as herein defined) for the projects listed below as follows: Prosect Amount Prviect of Utility (000'x) Roof Replacement/Paving, Motor Pool $190.0 10-15 years Roof Repair, Central Fire Station 35.0 15 years Sawyer Arena Improvanents 150.0 20 years Bangor Area Comprehensive Trans- portation Study Projects 175.0 15-20 years Various School Department Projects 1,000.6 10 years Total $1,500.0 THAT the estimated period of utility for the properties Constitutes the projects to be financed with the proceeds of said bonds is hereby determined to be the period of utility shown above. TMT the date, maturities, denominations, interest rate or rates, place of payment and other details of each issue of said bands, including the timing and provision for their sale and award and the selection of an underwriter, shall be determined by the Finance Director, or Acting Finance Director, with the IN CITY COUNCIL July B, 1996 First Reading Referred to Finance co® ttee rS4;n1 CLE COUNCIL July 22, 1996 Public Rearing Opened No Cements were beard Public Rear -Closed Paas a CITY CLERM 96-306 0"R➢ER Iftle, Autborizng an Issue of $1,500,00 Aggregate Principal Amount of Bonds, .Plus; Up To 3% 'of'Erie'eiiricfQel'Aw6udf'6 Wuj 044''4 Issuance Costs, and e Tex Levy .ThexeEaxe .ECxXaxl4Va Qi" .444 Acho2l Paper Projects. Paper NNnn�� Ami�ed to ..... ft ...... Councilman f'. 96-306 approval of the Finance Committee and the Chairman of the City Council, and said bonds shall be signed by the Finance Director, or Acting Finance Director, countersigned by the Chairman of the City Council, sealed with the seal of the City, attested by its Clerk, and shall be in such form and contain such terms and provisions as they may approve, their approval to be conclusively evidenced by their execution thereof. Any issue of bonds may be consolidated with and issued at the same time as any other issue of bonds authorised prior to their issuance, and the bonds may be divided into multiple series and issued in separate plans of financing, all as determined in the discretion of the Finance Director, or Acting Finance Director, with the approval of the Finance Committee and the Chairman of the City Council. THAT if the Finance Director, Acting Finance Director, Chairman of the Council, or Clerk are for any reason unavailable to approve and execute the Bonds or any of the Bond Documents, the person or persons then acting in any such capacity, whether as an assistant, a deputy, or otherwise, is authorized to act for such official with the same force and effect as if such official had himself performed such act. THAT the investment earnings on the proceeds of the Bands, If any, and the excess proceeds of the Bonds, if any, be and hereby are appropriated for the following purposes, such proceeds to be held and applied in the following order of priority: 1. To any costs of the Project in excess of the principal amount of the Bonds; 2. In accordance with applicable terms and provisions of the Arbitrage and the use of Proceeds Certificate delivered in connection with the sale of the Bonds including, to the extent permitted thereunder, to the City's General Fund. THAT the bonds hereby authorized may be made subject to call for redemption, with or without a premium, before the date fixed for final payment of the bonds, as provided in 30-A M.R.S.A. 45772(6), as amended, as shall be determined by the Finance Director, or Acting Finance Director, with the approval of the Finance Committee and the Chairman of the City Council. THAT, in each of the "are during which any of the bonds are outstanding, there shall be levied a tax in an amount which, with other revenues, if any, available for that purpose, shall be sufficient to pay the interest on said bonds, payable in such "are, and the principal of such bonds maturing in such years. THAT, pursuant to 30-A M.R.S.A. §5772, Section 10 of Article vI of the City Charter and any other authority thereto enabling, 96-306 the Finance Director, or Acting Finance Director, with approval of the Finance Committee and the Chairman of the City Council, is hereby authorized to issue temporary notes of the City in anticipation of the foregoing bond issue, said notes to be signed by the Finance Director, or Acting Finance Director, countersigned by the Chairman of the City Council, sealed with the seal of the City, attested to by its Clerk, and otherwise to be in such form and contain such terms and provisions, including without limitations, maturities, denominations, interest rate or rates, place of payment and other details as they shall approve, their approval to be conclusively evidenced by their execution thereof. THAT any temporary notes (including notes in renewal thereof) authorized to be issued under this Order may be issued In combination with temporary notes (including notes in renewal thereof) and bonds authorized to be issued by the City Council at any time .prior to the date of issuance of the temporary notes. THAT the Finance Director, or Acting Finance Director, be and hereby is authorized to appoint the registrar, paying agent and transfer agent (the "Transfer Agent") for the bends of the City. THAT the bonds issued hereunder shall be transferable only upon registration books of the City kept by the Transfer Agent and said Honda of are maturity may be exchanged for an equal aggregate principal amount of bonds of the same maturity (but not of another maturity) in the denomination of $5,000 or any multiple thereof, upon surrender thereof at the principal office of the Transfer Agent, with a written instrument of transfer satisfactory to the Transfer Agent duly executed by the registered owner or his attorney duly authorized in writing. THAT, upon each exchange or transfer of bonds, the City and Transfer Agent shall make a charge sufficient to cover any tax, fee or other governmental charge required to be paid with respect to such transfer or exchange, and subsequent to the first exchange or transfer, the cost of which shall be borne by the City, the cost of preparing new bonds upon exchanges or transfers thereof shall be paid by the person requesting the same. THAT the Finance Director, or Acting Finance Director, and the Chairman of the City Council be and hereby are authorized to undertake all acts necessary to provide for the issuance and transfer of the bonds in book -entry form pursuant to the Depository Trust Company Book -Entry Only system, as an alternative to the provisions of the foregoing resolution regarding physical transfer of bonds, and the Finance Director, or Acting Finance Director, be and hereby is authorized and empowered to enter into a Letter of Representation or any other 96-306 contract, agreement or understanding necessary or, in his opinion, appropriate in order to qualify the bonds for participation in the Depository Trust Company Book -Entry Only System. THAT the Finance Director, or Acting Finance Director, and the Chairman of the City Council shall from time to time execute such bonds and notes as may be required to provide for exchanges or transfer of bonds and notes as authorized herein, all such bonds and notes to bear the original signature of the Treasurer and the Chairman of the City Council, and in the case of any officer of the City whose signature appears on any bond or note shall cease to be such officer before the delivery of such bond or note, such signature shall nevertheless be valid and sufficient for all purposes, the sam as if such officer had remained in the office until delivery thereof. THAT the Finance Director, or Acting Finance Director, Chairman of the City Council, Clerk and other proper officials of the city be, and hereby are, authorized and empowered in its name and on its behalf to do or cause to be done all such acts and things as may be necessary or desirable in order to effect the Bale and delivery of the bonds and notes as hereinbefore authorized. THAT the City covenants and certifies that no part of the proceeds of the issue and sale of the bonds or notesauthorized to be issued by this Order shall be used, directly or indirectly, to acquire any securities or obligations, the acquisition of which would cause such bonds or notes to be "arbitrage bonds' within the meaning of Section 148 of the Internal Revenue Code of 1986, as amended. THAT, the Finance Director, or Acting Finance Director, be and hereby is authorized to covenant and agree on behalf of the city and for the benefit of all the holders of all bonds and notes issued hereunder that the City will file any required reports and take any other action that may be necessary to insure that interest on the bonds and any notes issued in anticipation thereof, will remain exempt from Federal income taxation, and that the City will refrain from taking any action that will cause interest on the bonds or notes to be subject to Federal income taxation. THAT, the officers executing the Bonds be and hereby are individually authorized to covenant, certify and agree, on behalf of the City, for the benefit of the holders of such Bonds, that the City will file any required reports, make any annual financial or material event disclosure, and take any other action 96-346 that may be necessary to insure that the disclosure requirements imposed by Rule 15c2-12 of the Securities and Exchange Commission, if applicable, are met. THAT the Finance Director, or Acting Finance Director, be and hereby is authorized and empowered in the name of the City and on its behalf to determine whether the bonds authorized hereunder will be sold through a negotiated sale or competitive bid. The Finance Director, or Acting Finance Director, be and hereby is authorized and empowered to execute and deliver in the name of and on behalf of the City any and all loan agreements, contracts, certificates and other documents necessary or, in his opinion, appropriate in connection with the negotiated sale or competitive bidding. THAT the Finance Director, or Acting Finance Director, be and hereby is authorised and empowered to take all such action as may be necessary to designate such of the bonds as qualified tax- exempt obligations for purposes of Section 265(b) of the Code; it being the City Council's intention that the Finance Director, or Acting Finance Director, with advice of bond counsel, makes the required Section 265(b) election with respect to such bonds to the extent the election may be available and advisable as determined by the Finance Director, or Acting Finance Director. THAT this Order constitutes a Declaration of Official Intent by the City pursuant to Treasury Regulation 51.150-2 to reimburse any original expenditures made on the Project out of the General Fund and that the City Intends to issue the bonds on a tax-exempt basis to the extent they qualify for such treatment, and otherwise to issue such bonds on a taxable basis. THAT the term "Cost" or "Costs' as used herein and a applied to the Project, or any portion of the Project, includes, but is not limited to (1) the purchase price or acquisition cost of all or any portion of the Project; (2) costs of construction, building, alteration, enlargement, reconstruction, renovation, improvement and equipping of the Project; (3) all appurtenances and other facilities either on, above or under the ground which are used or usable in connection with the Project; (4) landscaping, site preparation and remodeling of any improvements or facilities; (5) the coat of all labor, materials, building systems, machinery and equipment; (6) the cost of all lands, structures, real property interests, rights, easements and franchises acquired in connection with the Project; (7) the cost of all utility extensions and site development; (8) the specifications, surveys , engineering, feasibility studies, legal and other professional services; (9) the cost of environmental studies and assessments; (10) the cost of financing charges and issuance costs, including premiums for insurance, interest prior to and during construction, underwriters' fees and costa, legal 96-306 and accounting fees and costs, application fees and other financing fees, the cost of reserves for payment of future debt service related to the financing transaction; and (11) the coat of all other expenses necessary or incident to the Project and the financing authorized hereunder. - PUBLIC HEARING CITY OF BANGOR $1,500,000 in General Obligation Bonds Various City and School Department Projects. The Bangor City Council will hold a public hearing at its regular meeting at 7:30 PM on Monday, July 22, 1996 in the City Council Chambers, on the third floor of City Hall, 73 Hadow Street, Bangor, Maine, for the purpose of --.hearing. public comment on the proposed issuance of $1.,500,000 in general obligation bonds to fund a variety of City and School Department Projects as follows: Roof repair and paving projects at the Motor Pool ($140,000); improvements to Sawyer Arena ($150,000); mofng at the Central Fire Station ($35,000); the widening of Broadway pursuant to the Bangor Area Comprehensive Transportation Study ($175,000); and various major School Department maintenance and improvement projects ($1,000,000). A copy of the emirs bond order is available to the public in the City Clerk's Office at Bangor City Hall. The public is invited to address the Council on this proposed bond issue. July 9, 1996. Gari_ E., Ca6p6e11s..City :Gl@rk. - ®O 969/7K / ar�-C.FGA� Rn 70 ppuN c% S5. 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