HomeMy WebLinkAbout2009-09-14 09-291 ORDERCOUNCIL ACTION
Item No_ J9 291
Date: 9/14/2009
Item/Subject: Order, Authorizing Issuance of $1,365,878 of the City's General Obligation
Bonds and a Tax Levy Therefor
Responsible Department: Finance
Commentary:
The attached order would authorize the issuance of $1,365,878 in general obligation bonds for the
following purposes: fleet vehicle replacement and the permanent financing of the recently
completed General Fund energy conservation projects. This Order will be combined with the
Refunding Order also on the Council Agenda and prior Council bond authorization will result in the
City issuing a total of $14,245,000 in 10 year general obligation bonds.
Based on current market conditions and the City's limited capital needs, the City is in a position to
take advantage of the favorable condition of the short term municipal bond market. Historically, the
City has issued 20 year term bonds; by bundling the refunding opportunity with the shorter term
nature of the projects to be funded, the City should realize a lower rate of interest for this issue than
would be the norm.
Department Head
Manager's Comments:
This item will require a Public Hearing on 9/28/09
City Manager
Associated Information:
Budget Approval:
Finance Director
Legal Approval:
dLkwA �U,
ity Solicitor
Introduced for
Passage
x First Reading
Page _ of _
x Referral — Finance Committee of 9/21/09
A 291
Assigned to Councilor - Bronson September 14, 2009
CITY OF BANGOR
(TITLE.) Order, Authorizing Issuance of $1,365,878 of the City's 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, Section 13 of Article VI 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, and to evidence such loan, there is hereby
authorized the issue and sale at one time and from time to time the City's general obligation
bonds in like amount to the above authorized loan, not to exceed the aggregate principal
amount of One Million Three Sixty Five Thousand Eight Hundred and Seventy Eight Dollars
($1,365,878). 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 Projects.
Estimated
seri tin Ufg
Fleet Replacement 12 years
Energy Efficiency Improvements 12 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
Chairman 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
IN CITY COUNCIL
September 14, 2009
First Reading & Refferal to
Finance Committee of 9/21/2009
at 5pm
TY CLERK
IN CITY COUNCIL
September 30, 2009
Motion Made and Seconded for Passage
Motion Made and Seconded to Open
the Public Hearing
Public Hearing Opened
No One from the Public Came Forward
Motion Made and Seconded to Close
the Public Hearing
Public Hearing Closed
Motion Made and Seconded for Passage
Passed
PUTY CITY. CP
# 09-291
(TITLE,) Authorizing Issuance of
$1,365,878 of the City's General Obligation
Bonds and a Tag Levy Therefor(first reading
&_Referral to Finance Committee of 9/21/09 at 5pm)
Assigned to Councilor
- LUAAA111)
4�6p�
39 291
multiple series and issued in separate plans of financing, with the approval of the Finance
Committee
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, Section 15 of Article VI 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
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 (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 Chairman 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 Chairman 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 sufficlent 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.
09
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
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, 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 obligations for purposes of
Section 265(b) of the Code; it being the City Council's intention that, to the extent permitted
under the Code, the bonds or notes be Section 265(b) designated and that the Finance Director
with advice of bond counsel, make the required Section 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 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 Projects 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;
3. To pay debt service on the bonds.
THAT the 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, 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 carry out the provisions of the resolutions heretofore adopted at this
meeting in connection with the Projects, 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 Loan Agreement with the Bond Bank, as may be necessary or desirable.
THAT if the Finance Director, Chairman 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 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 during the term any of the hands are outstanding, the Finance Director is hereby
authorized, in the name and on behalf of the City, to issue and deliver refunding bonds to
refund some or all of the bonds then outstanding, and to determine the date, form, interest
rate (not to exceed 5.00% per annum), 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 Chairman of the City
Council, sealed with the seal of the City, attested by its Clerk.
CITY OF BANGOR, MAINE
NOTICE OF PUBLIC HEARING
Notice is hereby given that the Bangor City Council will hold a public hearing at 7:30 p.m.,
September 30, 2009 at City Hall, 73 Harlow Street, Bangor, Maine on the proposed issuance of
the City's general obligation bonds, to be issued in the following amounts and for the following
purposes:
• $11,765,000 of bonds to refinance the City's outstanding 1997 and 1998 general
obligation bonds and to refinance the City's existing lease purchase obligations
with Honeywell Global Finance LLC
• $1,365,878 of bonds to finance fleet replacement and to construct energy
efficiency improvements in various City facilities
All persons who desire to be heard on the proposed borrowing are invited to attend the public
hearing. The City Council will consider action authorizing the bonds immediately following the
public hearing.
Copies of the proposed order will be on file and may be reviewed at the office of the City Clerk
prior to said public hearing.
(W 1528598. t )
OiRlUB ' i"
.(� si y1�MANq,tMd1 the Bangor City Cour""VAI
pggliG t"UG,at7:30 0.m•- 20, 20Gs.at
City Hall, 73 Harlow Street, Bang sine on the
proposed issuance of the City's general obligation bonds,
to be issued, jn the following amounts and for, the
following purposes:
• $11,765,0'00 of bonds to refinance-the City's
,outstanding 1997 and 1998 general obligation bonds
and to refinance the City's existing lease purchase
obligations with Honeywell Global Finance LLC
• $1,365,878 of bonds to finance fleet replacement
and
City facilities.
All persons who desire to be heard on the proposed
borrowing are invited to attend the public hearing. The
City Council will consider action authorizing the bonds
immediately following the public hearing.
Copies of the proposed order will be on'file and may be
reviews at the office of the City CLW* .prier a OOM P '}
Sept. T4,2009
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