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HomeMy WebLinkAbout1992-07-27 92-369 ORDER.. Date o 9 2R-92 Item No. 93-369 pmmes Autilocising an Issue of $575,000 AFF ]ata Item/Subject: P iecipal Ano nt of Bosch and a Tess levy Thereof Responsible Department Fiawmse Depannismanat Commentary: The City was xganrtly aaxtled five tgarta firm the Stene of Haire age a xeault of the Jobs Brod pmgesson. The total mat of these pxvjecte is $4,158,397. 'Axes of t1beea p jfsota — Site Hagan Idvd Fixe Station, ttie Public Horlu Catples, aM the poi icsa Statins — will require local gauaf fiord catch. The foroalt nod is appanxicaletely $575,000 ad we woultl rid thatthis anosmt be borvvretl. Tlae attached Diller wlll begin this pmcses. A nems of this overall effort, over $7 wLll ba area ] le farm other footnotes; for every $1 boxxvwai. gtda ife an excellent ratio. In acklition, these lrzojecta will pxwide aamsic stinavtatinn and will msd.t in longaem savings aince all of tisae pxojeces axe needed asd would o[hmreise neve m be fuMaj in full by local tarPelexe. Tis Bald Axles mut receive firet axiLsg anal be pdolishal areal posted prior W £incl poseeoge. Scar approval is mamxdad. Deportment flood Manager's Comments: CM Associated Information: Budget Approval: V Finnuee Direelu, Legal Approval: Voldie/tides 5" IOn j}e/ CiiY Cha Yria9TMla ¢{.n will ref✓fie s . city m11kh" apTirn+ah'va p ;r^l ®e$sa�e. ArsorB°Wte vo i s a 5'0 peq✓iled bock (J"J opss AS prrovia6ed i^_f1d, Ir srcl Introduced For Opassage ❑ First Heading Page _ of — ❑ Referral ASIA, CIRRI,, 92-369 Absigu,dto Connolor Bragg, July 27, 1992 CITY OF BANGOR (TITLL) (DrUr„...._.__A arizbnq an- Issue, -of-55!5,000-Aggregato Pr ipal a ac of BOMB earl A Tax levy By No City Ca of Bu aty ofBamq&r. ORDERED. TMT Pursuant to 30-A M.R.S.A. 55772, Section B of Article, K of the City Charter (Private Pull Special fees of 1931, Cbmpbmr 56) all all aomdrents thereof all acts atldttirnal thereto, all all otter authority thereto erabli g, these is hereby aaa M si the hada all sale at cne time all from time ro ties of Five ihxdcN Seventy -Five T9xxmaM pollard ($575,000) aggregate principal arosit of aerial lurxla of the City of Barger. The pmcesls derived feu the sale of said beds, less premahmi, if arty, shall be asst axi are hemby appropriated to lay the ccata (as herein defined) of acquimitim, amstmctiw all ejnippinq of the follomhrg capital lmproumment Projects (the •Project"): Heger Fvai Fire Station $350,000 Pabiic works Complex $165,000 Police Station lvprov®eats $ 60,000 all as mom particularly dmcribsl in the City's 1992 Soda Creation 9vd Pmgim Application submitted to the Stam of Maine Departaent of 8convdc and Cvamurity revelopnsat. A m N Fi11IIERR �, mr the estvmted period of utility for the Property mrmtitutirg the Project all to be finmzatl with the pxec is of said bolls is hereby chster imel to be at. least: Hcapn R Fire Station - 20 }ears Public marcs Couples 20 years Police Station A¢rwsments 20 years THAT, the date, maturities, denominations, interest rate or rates, place of payment and other details of each issue of said bonds, including provision for their sale and award and the selection of an underwriter, shall be determined by the Finance Director with the approval of the Finance Committee and the Chairman of the City Council, and said bonds shall be signed by the Finance Director, countersigned by the Chairman of the City Council, sealed with the seal of the City, attested by its Clerk, and 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 authorized prior to their issuance, at the discretion of the Finance Director, with the approval of the Finance Committee and the Chairman of the City Council. THAT, the bonds hereby authorized may be made subject to call for redemption, with or without premium, before the date fixed for final payment of the bonds, as provided in 30-A M.R.S.A., §5772(6), as amended, as shall be determined by the Finance Director with the approval of the Finance Committee and the Chairman of the City Council. THAT, in each of the years 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 bends, payable in such year, and the principal of suchbondsmaturing in such year. -2- 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, the 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, countersigned by the Chairman of the City Council, sealed with the seal of the City, attested by its Clerk, and otherwise to be in such form and contain such terms and provisions, including without limitation, 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 be and hereby is authorized to prepare, or cause to be prepared, a Preliminary Official Statement and an Official Statement for use in offering the bonds and any notes in anticipation thereof, such Preliminary Official Statement and Official Statement to be in such form and contain such information as may be approved by the Finance Director and that the distribution of the Preliminary Official Statement and the Official Statement in the name of and on behalf of the City in connection with the offering of the bonds and any notes in anticipation thereof be and hereby is approved. -3- THAT, the Finance Director be and hereby is authorized to appoint the registrar, paying agent and transfer agent (the "Transfer Agent") for the bonds 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 Bonds of one 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 the 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 repairing new bonds upon exchanges or transfers thereof shall be paid by the person requesting the same. THAT, the 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 and any notes issued in anticipation thereof, 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 bonds, and the Finance Director be and hereby is authorized and empowered to enter -4- into a Letter of Representation or any other contract, agreement or understanding necessary or, in his opinion, appropriate in order to qualify the bonds or notes for and participate in the Depository Trust Company Book -Entry Only system. THAT, the 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 heretofore authorized, all such bonds and notes to bear the original signature of the Treasurer and the Chairman of the City Council, and in 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 same as if such officer had remained in office until delivery thereof. THAT, the Finance Director be and hereby is authorized an empowered in the name of the City and on its behalf to determine whether the bonds authorized hereunder will be sold through negotiated sale, competitive bid or placed with the Maine Municipal Bond Bank. The 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, competitive bidding or placement with the bonds with the Maine Municipal Bond Bank, including without limitation, the loan agreements typically required by the Maine Municipal Bond -5- Dank in a form to be approved by the Finance Director and Counsel for the City. THAT, the Finance Director, Chairman of the City of 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 issuance, sale 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 notes authorized 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 be and hereby is authorized and empowered to take all such action as may be necessary to designate such of the bonds and/or temporary notes in anticipation thereof 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, with advice of bond counsel, make the required Section 265(b) election with respect to such bonds and notes to the extent the election may be available and advisable as determined by the Finance Director. THAT, the 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 term "Cost" or "Costs" as used herein and as 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; (1) all appurtenances and other facilities either on, above or under the ground which are used or usable in connection with Project; (4) landscaping, site preparation and remodeling of any improvements or facilities; (5) the cost 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, (H) the specifications, surveys, engineering, feasibility studies, legal and other professional services; (9) the cost of environmental studies and assessments; (lo) the cost of financing charges and issuance costs, including premiums for insurance, interest prior to and during construction, underwriters' fees and costs, legal and accounting fees and costs, application fees and other -7- financing fees, the cost of reserves for payment of future debt service related to the financing transaction; and (11) the cost of all other expenses necessary or incident to the Project and the financing authorized hereunder. WPPCEH6301 In City Council Tuly 27, 1992 First Reading Referred to appropriate Committee - lnN(A*/..�� C ty Cler IN CITY COUNCIL August 10, 1992 Passed by the folleving yas and no votes. Councilor voting yes. Baldatrl. Cohen. Frenkel, 5 xl, Soucy and Stone. Councilors absent: Blanchette and Bragg. Councilor Sawyer abstaining. 92-369 ORDER Title, Authorizing an Issue of $575,000 Aggregate Priorij�l A..... of Bonds sM a Tax tgwy Thereof....mount...................... .......�.�...,.......................... I �:/ Councilmen fes,. 4