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HomeMy WebLinkAbout2013-01-28 13-065 ORDERCOUNCIL ACTION Item No. 13-065 Date: January 28, 2013 Item/Subject: Order, Authorizing Issuance of $3,100,000 of the City's Enterprise Fund General Obligation Bonds and a Tax Levy There For Responsible Department: Finance Commentary: The attached Order would authorize the issuance of up to $3,100,000 in general obligation bonds to fund the renovation and expansion of and improvements to the 600 area building, Hangar 11 and Hangar 13 located at the Bangor International Airport, including construction of a paint shop and new office complex, and to be leased to C&L Aerospace Holdings LLC to be used in its aircraft maintenance, repair and overhaul shop. This investment has been discussed at various times with the City Council, Business and Economic Development and Airport Committees. This Order will require a Public Hearing at the February 11th City Council Meeting De artment Head Manager's Comments: (�� C), ( ,� City Manager Associated Information: Order Budget Approval: Finance Director Legal Approval: City Solicitor Introduced for Passage x First Reading Page _ of x Referral — Finance Committee of 2/4/13 Assigned to Councilor Blanchette CITY OF BANGOR 13-065 JANUARY 289 2013 (TITLE.) Order Authorizing Issuance of $3,100,000,000 of the City's Enterprise Fund General Obligation Bonds and a Tax Levy Therefor. By the City Council of the City of Bangor, be it hereby ORDERED. THAT pursuant to 30-A M.R.S.A. §5772, Article VIII, Section 13(e) of the City Charter (Private and Special Laws of 1931, Chapter 54 and all amendments thereof and acts additional thereto), and all other authority thereto enabling, there is hereby authorized the issue and sale at one time and from time to time the City's enterprise fund general obligation bonds in an amount not to exceed the aggregate principal amount of Three Million One Hundred Thousand Dollars ($3,100,000). 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 Project. Description Renovation and expansion of and improvements to the 600 area building, Hangar 11 and Hangar 13 located at the Bangor International Airport, including construction of a paint shop and new office complex, and to be leased to C&L Aerospace Holdings LLC to be used in its aircraft maintenance, repair and overhaul shop Estimated Amoun We $3,100,000 25 years THAT the date, 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 shall be determined by the Finance Director with the approval of the Finance Committee. 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. §5772(6), as amended, as shall be determined by the Finance Director with the approval of the Finance Committee. THAT said bonds 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, and that said bonds shall 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. 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. IN CITY COUNCIL February 11, 2013 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 Passage Passed S l CITY C RK IN CITY COUNCIL January 28, 2013 First Reading and Referral to Finance Committee Meeting of February 4, 2013 13-065 JANUARY 28, 2013 THAT in each of the years during which any of the bonds are outstanding, there 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, Article VIII, Section 15 of the City Charter and any other authority thereto enabling, the Finance Director, with approval of the Finance Committee Is hereby authorized to Issue temporary notes of the City in anticipation of the forgoing bond Issue, said notes to 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, and otherwise 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 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 duly 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 bonds 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 deliver of said 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 upon each exchange or transfer of bonds or notes, 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 or notes upon exchanges or transfers thereof shall be paid by the person requesting the same. THAT In lieu of physical certificates of the bonds and notes hereinbefore authorized, the Finance Director be and hereby is authorized to undertake all acts necessary to provide for the Issuance and transfer of such bonds and notes in book -entry form pursuant to the Depository Trust Company Book -Entry Only System, as an alternative to the provisions of the foregoing paragraphs regarding physical transfer of bonds, and the Finance Director be and hereby is authorized and empowered to enter into a Letter of Representation or any other contract, agreement or understanding necessary or, in her opinion, appropriate in order to qualify the bonds for and participate in the Depository Trust Company Book -Entry Only System. 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, the officers executing such bonds or notes be and hereby are Individually authorized and directed to covenant and certify on behalf of the City that no part of the proceeds of the Issue and sale 13-065 JANUARY 28, 2013 of the bonds or notes authorized to be issued hereunder 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 (the "Code"). THAT, if the bonds or notes, or any part of them, are issued on a tax exempt basis, the officers executing such bonds or notes be and hereby are individually authorized to covenant and agree, on behalf of the City, for the benefit of the holders of such bonds 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 the officers executing the bonds or notes 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 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 "costs" as used herein and applied to the Project, or any portion thereof, includes, but is not limited to: (1) the purchase price or acquisition cost of all or any portion of the Project; (2) the cost of construction, building, alteration, enlargement, reconstruction, renovation, improvement, and equipping of the Project; (3) the cost of all appurtenances and other facilities either on, above, or under the ground which are used or usable in connection with the Project; (4) the cost of 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 land, structures, real property interests, rights, easements, and franchises acquired in connection with the Project; (7) the cost of all utility extensions and site improvements and development; (8) the cost of planning, developing, preparation of specifications, surveys, engineering, feasibility studies, legal and other professional services associated with the Project; (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 and, following completion of construction, for a period not to exceed 3 years from the Issue date thereof, underwriters' fees and costs, legal and accounting fees and costs, application fees, and other fees and expenses relating to the financing transaction; and (11) the cost of all other financing authorized hereunder, whether related or unrelated to the foregoing. THAT the investment earnings on the proceeds of the bonds and notes, if any, and the excess proceeds of the bonds or notes (including premium), if any, be and hereby are appropriated for the following purposes: 1. To any costs of the Project In excess of the principal amount of the bonds or notes authorized hereunder; 2. If the bonds or notes are issued on a tax exempt basis, 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 notes including, to the extent permitted thereunder, to the City's General Fund; 13-065 JANUARY 28, 2013 3. To pay debt service on the bonds. THAT if the actual cost of any Project differs from the estimated cost set forth herein, the Finance Director is authorized, in her discretion to reallocate proceeds of the Bonds to any other listed Project. THAT the Finance Director, City Manager, Chair 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, and to execute, deliver, file, approve, and record all such financing documents, contracts, agreements, deeds, assignments, certificates, memoranda, abstracts, and other documents as may be necessary or advisable, with the advice of counsel for the City, to cavy out the provisions of the resolutions heretofore adopted at this meeting in connection with the Project, the issuance, execution, sale, and delivery by the City of the bonds and notes and the execution and delivery of the documents, including the entering into of a lease agreement of the Project to C&L Aerospace Holdings LLC, as may be necessary or desirable. THAT if any of the officers or officials of the City who have signed or sealed the bonds and notes hereinbefore authorized shall cease to be such officers or officials before the bonds or notes so signed and sealed shall have been actually authenticated or delivered by the City, such bonds or notes nevertheless may be authenticated, issued, and delivered with the same force and effect as though the person or persons who signed or sealed such bonds notes had not ceased to be such officer or official; and also any such bonds or notes may be signed and sealed on behalf of the City by those persons who, at the actual date of the execution of such bonds or notes, shall be the proper officers and officials of the City, although at the nominal date of such bonds or notes any such person shall not have been such 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 herself performed such act. THAT during the tern any of the bonds are outstanding, the Finance Director is hereby authorized, in the name and on behalf of the City, to issue and deliver refunding bonds on either a current or advance refunding basis, to refund some or all of the bonds then outstanding, and to determine the date, form, interest rate, maturities (not to exceed 30 years from the date of issuance of the original bonds) and all other details -of such refunding bonds Including the form 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. Legal Notices - CITY OF BANGOR, MAINE I NOTICE OF PUBLIC HEARING . Notice is hereby given that the Bangor City Council will hold a public hearing on February 11, 2013 at 7:30 p.m. at City! Hall, 73 Harlow Street, Bangor, Maine on the proposed issuance of the City's enterprise -fund general obligation bonds in the maximum principal amount of $3,100,000 -to: finance the costs of the following improvements: 1 Renovation and expansion of and Improvements to the 600 area building, Hangar 11 and Hangar 13 located at the Bangor International Airport, including construction 1 of a paint shop and new office complex, and to be leased to C&L Aerospace Holdings LLC to be used in its. aircraft maintenance, repair and overhaul shop The bonds are expected to be repaid from lease payments made by C&L Aerpospace. However, the bonds will be general obligations of the City issued as enterprise debt under Article VIII; Section 13(e) of the City Charter, and to the extent not paid from such lease payments, other specific fees or other designated revenue sources, will be repaid: from general tax revenues: The bonds will pledge the full faith and credit of the City of Bangor for their repayment. All persons who desire to be heard on the proposed , issuance of the bonds are invited to attend the public hearing. The .City Council will consider the adoption: of resolutions authorizing the issuance of the bonds, immediately following the public hearing. Jan. 25, 2013 13-065 FEBRUARY 11, 2013 lipanOor'BaN New's Feb. 1, 2013 AFFIDAVIT OF PUBLICATION This is to certify the advertising OF: City of Bangor RE: Hangar 11 & 13 at Bangor International Airport WAS PUBLISHED ON: Jan. 25, 2013 Signed: Todd' McLeod Manager of Call Center Operations/Sales Then personally appeared the above named Todd E. McLeod, Manager of Call Center Operations/Sales, and acknowledged the foregoing instrument to be his free act and deed in his said capacity and the free act and deed of said corporation. Before me, �J ee4z Lori Ireland Notary Public My commission expires Oct. 20, 2019 '491 Main Street •-PO. Box 1329 • Bangor, Maine 04402-1329 • 207-990-8000 www.bangordailynews.com