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HomeMy WebLinkAbout2016-07-25 16-284 ORDERCOUNCIL ACTION Item No. 16-284 Date: July 25, 2016 Item/Subject: Order, Amending Order #13-157 and Authorizing Issuance of $1,000,000 of the City's General Obligation Bonds for School Building Improvements and for Additional Cameron Stadium Improvements and a Tax Levy There For Responsible Department: Finance Commentary: The attached Order would authorize the issuance of $1,000,000 in general obligation bonds for the following purposes: $668,000 for Cameron Stadium Improvements and $332,000 for school building improvements. In May 2013, Council Order 13-157 authorized the issuance of $1.2 million in general obligation bonds for improvements at Cameron Stadium. At that time, the School Department presented an initial plan to significantly improve the facilities at Cameron Stadium. The plan included replacement of the bleachers, lighting system, new locker rooms and restrooms and equipment storage, expansion of the track and the installation of turf. The bond proceeds were used to replace the bleachers, lighting and construct restroom facilities. The City's Charter requires that the issuance of general obligation bonds for a single capital improvement be approved by voters if it exceeds a certain dollar threshold and does not meet one of the defined exceptions. Both the bleachers and lighting portions of the project were deemed a life safety issue that needed to be addressed as an emergency. The bleachers were unsafe and likely to be put out of service and the lighting system was a hazard to participants and patrons alike. As there was no plan to issue additional bonds for this project, the bond order did not include the specific language citing the findings in support of the exception. Therefore, this Order would also amend Council Order 13-157 to state the emergency nature of the bonds for the bleacher and lighting upgrades. These projects were discussed during the recently completed FY 2017 budget process. In addition, this Order will require a Public Hearing at the August 8"' City Council Meeting Department Head Manager's Comments: Associated Information: Order Budget Approval: Legal Approval: Introduced for Passage x First Reading x Referral — Finance Committee of 8/1/16 City Manager Finance Director Page _ of _ i VEMA Assigned to Councilor Perry CITY OF BANGOR 16-284 JULY 25, 2016 (TITLE.) Order, Amending Order #13-157 and Authorizing Issuance of $1,000,000 of the City's General Obligation Bonds for School Building Improvements and for Additional Cameron Stadium Improvements and a Tax Levy There For. WHEREk% on May 29, 2013, the Bangor City Council adapted Order #13-157 authWzing the issuance of the City's general obligation bonds in an amount not to exceed $1,200,000 to provide funds to replace bleachers, construct restroom and cold storage facilities and upgrade the electrical system / lights at Cameron Stadium (the "Original Cameron Stadium Improvements"); WHEREAS„ the amount of bands authorized by Order #13-157 ($1,200,000) fell below the then -applicable referendum threshold ($1,231,000) establish under Article VIII, Section 19(a) of the City's Charter; and WHEREAS, at the time Order #13-157 was adopted, the City Council anticipated that certain related additional Cameron Stadium improvements, including but not limited to locker rooms (the "Additional Cameron Stadium Improvements`), would be funded through private fund raising efforts; and r r r. 'r r r • r • i • r r- r r .•r r r._ rr r. • rr, s +� `rr r., r . r • • - - r. `, . �r. ili r "r • • - - r. r •r 11.1 r WHEREAS, there is a possibility that the Original Cameron Stadium Improvements: and the Additional Cameron Stadium Improvements (referred to as the "Combined Cameron Stadium Improvements") could be treated as a single capital improvement under Article VIII, Section 19(a) of the Charter, which combined authorized amount of bonds for the Combined Cameron Stadium Improvements ($1,868,000) would exceed the Charters current referendum threshold ($1,271,85:0); and WHEREAS, certain portions of the Original Cameron Stadium Improvements were necessary for the preservation of public health or safety and could have been excepted from the Charter referendum requirement by the City Council under Article VIII, Section 19(b)(vi) of the Charter; and {w5620882.2} IN CITY COUNCIL JULY 25, 2016 FIRST READING AND REFERRAL TO FINANCE COMMITTEE MEETING OF AUGUST 1, 2016 CITY CLERK IN CITY COUNCIL AUGUST 8, 2016 MOTION MADE AND SECONDED TO OPEN PUBLIC HEARING PUBLIC HEARING OPENED MOTION MADE AND SECONDED TO CLOSE PUBLIC HEARING PUBLIC HEARING CLOSED MOTION MADE AND SECONDED FOR PASHAGE PASSED CITY CLERK 16-284 JULY 25, 2016 WHEREAS, the City Council now desires to amend Order #13-157 to retroactively • ff f%0 ky�td(a'UlTf for Additional f Stadium f f A ;1 1 1 1 1 / 1 1 11. 1 11 - 11s 11 . i 1i P1411 ! / tl 1 1 THAT pursuant to 30-A M.R.S.A. §:5772, Section 13 of Article VIII of the Charter (private and Special laws of 1931, Chapter 54 and all amendments thereof and acts additional thereto), and all other authority thereto enabling, tyre is hereby authorized and approved the issue and sale of the City's general obligation lois in an amount not to exceed the aggregate principal amount of One Million [dollars ($1,000,000). The proceeds derived from the sale of said bonds, including premium, if any, and any investment earnings thereon shall be used and are hereby appropriated to pay a portion of the costs (as herein defined) of the following improvements (the Estimated DescripAign Amount life Cameron Stadium locker Rooms $668,000 15 years 14t' Street School — roof repair / replacement $332,000 20 years THAT the City Council finds, determines and declares, with respect to the Original Cameron Stadium Improvements, that an emergency existed and continues to exist with respect to the need to acquire, Install, replace and improve the bleachers and electrical system / lights ports of such Original Cameron Stadium Improvements within the meaning of Article VIII, Section 19(b)(vi) of the Charter as follows: • Cameron Stadium was built in the early 1940's and suffered from the following issues: moisture infiltration had jeopardized the integrity of the walls; the structural beams did not meet current capacity codes; the metal decking consisted of lead paint, was flaking and was extremely slippery when wet; and the seating section was not ADA compliant. • The bleachers in Cameron Stadium being replaced were unsafe and were beyond the end of their useful life; • The electrical lighting system in Cameron Stadium was unsafe in that the wiring which fed the various light poles was buried but not encased in conduit leading to three instances were spectators and an employee received a shock attributable to the deficient wiring and therefore needed to be replace!; {wsezossz.z} 16-284 JULY 25, 2016 • These circumstances create an unacceptable risk to the health and safety of the residents of the City; • There was and is therefore a substantial public exigency to speedily acquire, install, replace and improve the bleachers and electrical system / lights, portions of Cameron Stadium In order to meet the needs: of the residents of the City; • Because there was and is an urgent and unavoidable need for these portions of the Original Cameron Stadium Improvements, the City Council finds, determines and declares that emergency circumstances exist under Article VIII, Section 19(b)(vi) of the City Charter requiring approval of the bonds issued or to be issued for such improvements without referendum approval, which would put timely completion of the Combined Cameroon Stadium Improvements at risk. THAT in the event the above -retroactive declaration of an emergency with respect to the Original Cameron Stadium Improvements: is found to be defective in any manner, the City Council finds, determines and declares with respect to the Additional Cameron Stadium ImpNrovements, that an emergency egoists with respect to the need to acquire, install, replace and improve the Additional Cameron Stadium Improvements within the meaning of Article VIII, Section 19(b)(vi) of the Charter as follows: • At the time Order #13-157 was adopted, the City Council could have found and declared that an emergency existed with respect to the need to acquire, install, replace and improve the bleachers and electrical system / lights portions of the Original Cameron Stadium Improvements within the meaning of Article VIII, Section 19(b)(vi) of the Charter • It is important for the Combined Cameron Stadium Improvements be completed in a timely fashion. • These circumstances create an unacceptable delay in the completion of the Combined Cameron Stadium Improvements; • There is a substantial public need to speedily complete the Combined Cameron Stadium Improvements in order to meet the needs of the residents of the City; • The City Council finds, determines and declares that emergency circumstances exist under Article VIII, Section 19(b)(vi) of the City Charter requiring approval of the bards authorized hereby for such improvements without referendum approval, which would put timely completion of the Combined Cameron Stadium Improvements at risk. a•r r THAT the estimated weighted period of utility for the property constituting the Projects ti be financed with the proceeds of the bonds is hereby determined to be the period of tirne indicated above for said Projects. { W 5620882.2) 16-284 JULY 25, 2016 THAT the Finance Director, with the approval of the Finance Committee, be and hereby is authorized to prepare, issue, and sell such bonds in the name of and on behalf of the City, at one time, or from time to time, as one or more separate bond issues, and to determine the date(s), maturities (not to exceed the maximum term permitted by law), denominations, interest rate or rates, place of payment, and other details of said bonds, including the timing and provision for their sale and award, such approval to be conclusively evidenced by the execution thereof. THAT the Finance Director, with the approval of the Finance Committee, be and hereby is authorized to provide that any of 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. §5772(6), as amended. THAT in each of the years during which any of the bonds are outstanding, tyre shall be levied a tax in an amount that, with other revenues, if any, available for that purpose, shall be sufficient to pay the interest on said bonds, payable in such years, and the principal of such bonds maturing in such years. THAT pursuant to 30 A M.R.S.A. §5772, Section 15 of Article VIII of the Charter and any other authority thereto enabling, the Finance Director, with the approval of the Finance Committee is hereby authorized to issue temporary notes of the City in anticipation of the forgoing bond issue, to be in such form and contain such terms and provisions including, without limitation, maturities (not to exceed 3 years from the Issue date), 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 said bonds and notes in anticipation thereof shall be signed by the Finance Director, countersigned by the Chair of the City Council, sealed with the seat of the City, attested by Its Clerk, and that said bonds smell be in such form and contain such terms and provisions not inconsistent herewith as they may approve, their approval to be conclusively evidenced by their execution thereof. THAT the Finance Director be, and hereby is, authorized and empowered In the name of and on behalf of the City to execute and deliver all such contracts, agreements, certificates, instruments and other documents as may be necessary or advisable, with the advice of counsel for the City, in connection with the financing of the Projects and the sale, execution, Issuance, and delivery by the City of the bonds and notes. THAT the Finance Director be and hereby is authorized to select the underwriter, registrar, paying agent and transfer agent for the bonds or notes heretofore authorized and the Finance Director be and hereby is authorized and empowered to execute and deliver such contracts or agreements as may be necessary or appropriate in connection therewith. { W 5620882 2 } 16-284 JULY 25, 2016 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 the offering and sale of the bonds or notes heretofore authorized, such Preliminary Official Statement and Official Statement to be in such form and contain such information as may be approved by the Finance Director, with the advice of the bond counsel for the City, and that the use and distribution of the Preliminary Official Statement and the Official Statement in the name of and on behalf of the City in connection with offering the bonds or notes for sate be and hereby is approved. THAT the bonds and notes shall be transferable only on the registration books of the City kept by the transfer agent, and said principal amount of the bonds and notes of the same maturity (but not of other maturity), upon surrender thereof at the principal office of the transfer agent, with a written instrument of transfer satisfactory to the transfer agent duty executed by the registered owner or his or her attorney duly authorized in writing. THAT the Finance Director and Chair of the City Council from time to time shall execute such bonds or notes as may be required to provide for exchanges or transfers of bonds or notes as heretofore authorized, all such Inds or notes to bear the original signature of the Finance Director and Chair of the City Council, and In case any officer of the City whose signature appears on any bond or note shall cease to be such officer before the delivery of said bond or note, such signature shall nevertheless be valid and sufficient for all purges, the same as if such officer had remained in office until delivery thereof. THAT upon each exchange or transfer of bonds or notes, the City and transfer aunt 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 cast of which shall be borne by the City, the cost of preparing new bonds or notes upon exchanges or transfers thereof shall be paid by the person requesting the same. THAT in lieu of physical certificates of bonds rhereinbeforer _r. Finance Director be r hereby is authorized to undertaker. necessary to provide fr issuance and transfer of bonds • notes in •,,•k -entry form pursuant to the Depository Trust • • . Book -Entry Only r the provisions of r -r rinr paragraphs ^r, r • physical transfer of bonds, • the Finance Directorbe r hereby authorized and empowered to enter into a Letter of _ r - • or other contract agreement or •- r r necessary or, opinion,appropriate order • qualify bonds r and participate rr r Company Book -Entry THAT the bonds and notes issued in anticipation thereof be Issued an either a taxable or a tax-exempt basis, or a combination thereof, as determined by the Finance Director, with the approval of the Finance Committee. THAT, if the bonds or notes, or any part of them are issued on a tax exempt basis, Finance Director be and hereby is authorized and directed to covenant and certify in the name of and on {w5620882.2} 16-284 JULY 25, 2016 behalf of the City that no part of the proceeds of the issue and sale of the bonds or notes authorized to be issued hereunder and not part of the Projects shall be used directly or indirectly in any manner that would cause such bonds or notes to be "private activity W or "arbitrage bonds" within the meaning of Sections 141 and 148 of the Internal Revenue Cale of 1986, as amended (the ""Code"). THAT, if the bonds or notes, or any part of them, are issued on a tax exempt basis, the Finance Director be and hereby is authorized to covenant and agree, In the name of and on behalf of the City, for the benefit of the holders of such bores or notes, that the City will file any required reports and take any other action that may be necessary to ensure that interest on the bonds or notes will remain exempt from federal income taxation and that the City will refrain from any action that would cause interest on the bonds or notes to be subject to federal income taxation. THAT, if the bonds or notes, or any part of them, are issued on a tax exempt basis, the Finance Director be and hereby is authorized and empowered to take all such action as may be necessary to designate the bonds or notes as qualified tax-exempt obligatim for purposes of Section 265(b) of the Code; it being the City Council's intention that, to the extent permitted under the Cade, the bonds or notes be Section 265(b) designated and that the Finance Director with advice of bond counsel, make the required Sectio 265(b) election with respect to such bonds to the extent that the election may be available and advisable as determined by the Finance Director. THAT the Finance Director be and hereby is authorized to covenant, certify, and agree, in the name of and on behalf of the City, for the benefit of the holders of such bonds or notes, that the City will file any required reports, make any annual financial or material event disclosure, and take any other action that may be necessary to ensure that the disclosure requirements imposed by Rule 15c2-12 of the Securities and Exchange Commission, if applicable, are met. THAT the term "cost" or "casts" as used herein and applied to the Projects, or any portion thereof, includes, but Is not limited to: (1) the cost to design, construct, renovate, refurbish, improve, acquire, replace, furnish and equip the Projects; (1) the cast of land, easements and other read property interests, landscaping and site preparation, utility extensions, all appurtenances and other fixtures, facilities, buildings and structures either on, above, or under the ground which are used or usable in connection with the Projects; (3) the cost of feasibility studies, surveys, environmental studies and assessments, engineering, plans and specifications, legal and other professional services associated with the Projects; (4) Issuance costs, including premiums for insurance, capitalized interest and other financing charges, fees and expenses relating to the financing transaction. earningsTHAT the investment on proceeds of - bonds and notes, proceedsof bonds •- • premium), be and hereby appropriated ,• fbilowingpurposes: (W5620882.2) 16-284 JULY 25, 2016 1. To any costs of the Projects in excess of the principal amount of the bands or notes authorized hereunder; 2. If the bunds or notes are issued on a tax exempt basin in accordance with applicable terms and provisions of the Arbitrage and Use of Proceeds Certificate delivered in connection with the sale of the bonds or rotes including, to the extent permitted thereunder, to the City's General Fund; 3. To pay debt service on the bonds. THAT if the actual cost of any Project differs from the estimated cost set forth herein, whether due to completion, delay or abandonment of the Project for any other reason, the Finance Director is authorized, in her discretion to reallocate proceeds of the bands to any other listed Project or to any other project or improvement that the City Council has approved or may in the future approve as part of the City's annual capital improvement plan. THAT the Finance Director,of . and other proper officials the City be, and herebyare, authorized and empowered in the name of and on behalf of to do or cause to be done all such acts and things as may be necessary or advisable, with the AW" "f5fk-ei�e-Saleissua-, THAT if any of " officers or officials .the City whohave signed or sealed r,rd. "NIX WC -1r, notes so signed and sealed shall have been actually authenticated or delivered by the City, such bonds or r- be authenticated, issued, and delivered with the same force and effect as • .. personor persons whosignead or Jsuchbonds.. not ceased to be such officw or official; and also any such bonds or notes may be signed and sealed on behalfof by those persons who, at the actual date of • of bonds or notes,be the proper officers and officials. of .- •h at the nominal date of such bonds or r person r been officer or official. THAT if the Finance Director, Chair of the City Council, or Clerk are for any reason unavailable to approve and execute the bonds or any related financing 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 or •- _• THAT 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, and the bonds may be divided into multiple series and issued in separate plans of financing, with the approval of the Finance Committee. { W 5620882 2 } 16-284 JULY 25, 2016 to determine the date, form, interest rate, maturities (not to exceed 30 years from the date of issuance of the original beds) and all other details of such refunding bads including the farm and manner of their sale and award. The Finance Director is hereby further authorized to provide that any of such refunding bonds hereinbefore authorized be made callable, with or without premium, prior to their stated date(s) of maturity, and each refunding bond issued hereunder shall be signed by the Finance Director, countersigned by the Chair of the City Council, sealed with the seal of the City, attested by its Clerk. THAT it is the intent of the City Council that this Order constitute the City's declaration of official intent within the meaning of Treasury Regulation §1.150-2. {W56208822}