HomeMy WebLinkAbout2003-01-13 03-46 ORDERItem No. ci s6
Data:1-13A3
Item/Subject: Oder, Authorizing Me Issuance of $6,410,000 Aggregate Pnndpal Amount of Geneml
Obligation Bonds and a Tax Levy Ther for
Responsible DepartmdR: Finance
In 1992, the City Issued $12,550,OOD of general obligation bontls m f ram the costs of a variety of
capital projects as listed M the attached order. At the arae of issuance, the caribou rates on the
unde lyhm3 bands ranged ban 5.0%- 5.30%. As you are aware, interest rates having been balling for
some time, therefore the ❑N Proposes to 'call' the 1992 bonds and refinance Me debt a[ a owner rate.
SURanticlpatstlw!MecouponmRmme by Me"nMb &'willrangetram2.5%-3.6%. Thus
muntIng In significant sa angs.
Over the nvt can years, Me City (General Fund, Sewer Fund and Bass Parr Fund) anticipates sating
$257,275. In atltlbion, az the laryes[ porton of Me r�undlrg tlebt is related o Me renovation of the
Cohen MMdb School, the State savings should apprmbnate $222,829 ower the same arae period.
legal APpreval:
City Solldor
Introduced for
Passage
First Reading page_af
�!_ Referral — Finance Committee 1/22/03
Department Head
Aber Me
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City Manager
Associated Information: Oder, Public Notice.
legal APpreval:
City Solldor
Introduced for
Passage
First Reading page_af
�!_ Referral — Finance Committee 1/22/03
03-66
A gndh) o=Zilm nreem January 13, 2e03
CITY OF BANGOR
(TITLE.) ORDER, AUMORI ME ISSUANCE OF $6,410,000 AGGREGATE
PRINC1PAL AMOUNT F GENEM OBIAGATIONAND A TAX LEVY MEREIFOR
WHEREAS, on September 11, 1991 the City Council adopted Order No. 91-312 which
authorized Issuance of the Citys general obligation bonds in the following amounts and for the
following purposes:
$6,695,000
Garland Street Middle School
$3,365,000
CSO
$11W0,000
Bass Park Complex Renovations and Improvements
$450,000
City Nursing Fadlity Expansion
WHEREAS, on lune 22, 1992 the City Council adopted Order No. 92-2W which
authorized issuance of the Ctyrs general obligation bonds In the following amounts and for the
following oumsoes:
$1,700,000 1992 CSO projects
WHEREAS, on August 1, 1992 the City Issued Its general obligation bonds for the
foregoing purposes in the aggregate prindpal amount of $12,550,000 (the "1992 Bonds")
WHEREAS, clue to a drop in interest rates, the City Council now desires to refinance
(refund) the outstanding principal of the 1992 Bonds in order to achieve Interest savings for the
Cry;
NOW, THEREFORE, by the City Council of the City of Bangor, it is hereby
ORDERED:
THAT Pursuant to 304 M.R.S.A. §SIR, Section 13 of Ankle VI of the City Charter
(Private and Special taws 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 tme to time up to Six Million Four Hundred Ten Thousand Dollars
($6,410,000) aggregate principal amount of general obligation bonds of the City of Bangor. The
proceeds derived from the sale of said bonds, Including premium, R any, shall be used and are
hereby appropriated to pay for the refunding of the principal outstanding of the 1992 Bonds;
MAT the estimated remaining weighted period of utility for the property constituting
the projects financed with the proceeds of the 1992 Bonds and W be refinanced with the
proceeds of the Bonds is hereby determined to be not less than 15 years;
MAT the date, maturities (not to exceed 15 years from the issue date), denominations,
Interest rate or rates (not to exceed 5.00% per annum), place of payment, and other demils of
each issue of said Bonds, Including the timing and provision for their sale and award, shall be
determined by the Rnance Director with the approval of the Finance Committee;
TW 1T the Bonds hereby authorized may be made wb)ect to call for redemption, with or
without a premium, before the date fixed for final payment of the Bonds, as provided in 3"
M.R.S.A. §MZ(6), as amended, as shall be determinetl by the finance Director with the
approval of the France Committee.
THAT said Bands shall be signed "e finance Director, countersigned by the
Chairman of the City Coundl, sealed with the seal of me City, attested by is Clerk, and shall be
in such form and contain such terms and provisions not inconsistent herewith as they may
approve, their approval to be conclusively evidence by their execution thereof. Any issue of
Bonds may be consolidated with and issued at me same time as any other Issue of die City's
bonds authorized prior to their Issuance, and he Bolls may be divided into multiple series and
issued in separate plans of finandng, with the approval of the Finance Committee.
THAT pursuant to 3 A M.R.S.A. §5P2, Section 15 of Article VI of the City Charter and
any other authority thereto enabling, the Finance Director, with approval of me Finance
Committee, is hereby authorized to issue temporary rmtos of the CM in anticipation of the
forgoing issue of Bonds, said temporary notes to be signed by me Finance Director,
countersigned by the Claiman of the City Council, sealed with the seal of his City, attested by
its Cleric, and otherwise to be in such form and contain such terms and provisions Including,
without limitation, maturities (not to exceed 3 years from the IsAre date), denominations,
interest rate or aces (not to exceed 5.00% per annum), place of payment, and ower details as
they shall approve, Meir 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 One
date of issuance of the temporary notes.
THAT the Bonds and temporary notes shall be transferable only on the registration
books of one City kept by the transfer agent, and said prindpal amount of the Bonds and
temporary notes of the same maturity (but not of other maturity), upon surrender thereof at
the prindpal 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 be and hereby is authorized to select me registrar, paying
agent, and transfer agent (the "Transfer Agent"), financial advisor and underwriter for the
Bonds and temporary notes and to execute and deliver such contracts and agreements as may
be necessary or appropriate to secure their services.
THAT Bre France Director and Chairman of the City Council from Brae to Brae shall
execute such Bonds or temporary notes as may be required to provide for exchanges o
transfers of Bonds or temporary notes as heretofore authorized, all such Bonds or temporary
notes to bear the original signature of the Finance Director and Chairman of me City Council,
and in care any officer of the City whose signature appears on any Both or temporary note
shall cease to be such officer before Use deliver of said Bond or temporary note, such signature
shall nevertheless be valid and sufficient for all purposes, the same as B such officer had
remained in office until delivery thereof.
THAT upon each exchange or transfer of Bonds or temporary rotes, the City and
transfer agent shall make a charge sufficient to cover any tax, fee, or other governmental
charge required to be paid aim respect to such harder or exchange, and subsequent to the
03-96
first exchange or transfer, the cost of which shall be borne by the City, the cost of preparing
new bonds or temporary notes upon exchanges or transfers thereof shall be paid by Me person
requesting the same.
THAT, If the Bonds or emporary notes, or any part of Mem are issued on a tax exempt
basis, the officers emouUrg such Bonds or temporary 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 one of me Bonds a temporary notes authorized to be Issued
hereunder shall be used directly or indirectly a acquire any securities or obligations, the
acquisition of which would cause such bonds or notes to be "arbitrage boodle within the
meaning of Section 198 of the Internal Revenue Code of 1986, as amended (the "Code").
T T, if the Bonds or temporary notes, or any part of them, are issued on a tax
exempt basis, the officers executing such Bonds or temporary 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 temporary notes will
remain exempt from federal Income taxation and that the City will refrain from arty action that
would cause interest on the Bands or temporary rates to be subject to federal income taxation.
THAT the officers executing the Bonds or temporary notes be and hereby are
Individually authorized to covenant, certify, and agree, on behalf of the Cry, for the benefit of
the holders of such Bonds or temporary noes, that the City will fie any required reports, make
any annual financial or material event disclosure, and take any other action that may be
necessary m ensure tat the disclosure requirements imposed by Rule 15c2-12 of the Securities
and tEcdange Commission, if applicable, are met.
THAT the beim "cost" or "costs" as used herein and applied to the Projects, or any
porton thereof, Includes, but Is not limited a the cost of financing charges and anuarrce costs,
including premiums for insurance, interest for a period not to exceed 3 years from the issue
data thereof, undetwi lens' fees and costs, legal and accounting fees and costs, application
fees, and other fees and expenses reading to the financing transaction; and the cost of all other
financing authorized hereunder, whether related or unrelated a Me foregoing.
THAT the France 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 Has behalf
W do or cause to be done all such acts and things as may be necessary or desirable in order te
effect the issuance, sale, and delivery of the Bonds and temporary notes hereinbefore
authorized.
THAT R the Rrance Director, Chairman of the City Council, or Clerk are for any reason
unavailable to approve and execute the Bonds or temporary noes 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 won official with the same farce and effect as if
such official tad himself or herself performed such act
THAT in each of the years during whkh any of the Bonds are outstanding, Mere shall
be levied a box in an amount that, with other revenues, IF arty, available for that purpose, shall
be sufficlent to pay the interest on mid Bonds, payable in such years, and he princtpal of such
Bonds maturing in won years.
m CITY CORMCIL
January 13, 2003
First Reading
Referred to Piaavcs
Ca® [tee
/ / mfgg
In"CO®CIL
]aaoary 27. 2003
vation Made and seconded
to Open Public nearing. Public
Rearing Opece& No me free
the Public came fornard. Motion
Made and stressed to Close
Public Rearing. Public Rearing
Closed. Motion Made and
Seconded for Passage
Passed
¢Merz
o ROgR
(TITLE) eatboriring the lasoanne of
$6,610.000 Aggregate Principal AmcuoL of
Coastal obligation goods and a Tax Levy
Aselgnedto Coundlor yn'AW/I�lC/ 6
03-46
LEGAL NOTICE
CITY OF BANGOR, MAINE
NOTICE OF PUBLIC HEARING ON ISSUANCE
OF GENERAL OBLIGATION REFUNDING BONDS
Notice is hereby given tam the Bangor City Council will hold a Public Hearing on January 27,
2003 at 7:00 p.m.9 City Hall, Bangor, Maine on the Proposed Issuance of General Obligation
Refunding Bonds in the following amounts and for the following proposes:
I. General Obligation Refunding Bonds in the Maximum Principal Amount of $3,500,000 to
Refund the Principal Outstanding of the City's $5,750,000 1992 Series Limited Obligation
Revenue Bonds (Bangor International Airport Protect) dated October 1992 issued to finarrce the
costs of Acquisition, Concoction end Equipping of an Expansion b the Terminal or the Bangor
Intenm0onal Airport and Related Infrastructure. The facilities financed we owned and operated
by the City.
2. General Obligation Refunding Bonds in the Maximum Principal Amount of$6,410,000 an
refund the Principal Outstanding of the City's $12,550,0001992 General Obligation Bonds dated
August I, 1992 issued to finance (1) the General Strew Middle School (William S. Cohen
School) Renovation and Addition; (2) Combined Sewer Overflow Facilities Plan and Sewer
Renovation Separation Projects; (3) the City Nursing Facility Expansion; and (4) Bess Park
Improvements.
The Bonds will be General Obligations of the City and to the extent not paid from specific f
or other designated revenue sources, will he repaid from general tax revenues. These Bonds will
pledge fie fail faith and credit of the City of Banger for their repayment.
All persons who desire to be heard on the Proposed Issuance of the General Obligation
Refunding Bonds are invited to word the Public Hearing. The City Counc0 will consider the
Adoption of Reminders Authofizing the Issuance of the Bonds immediately following the
Public Hearing.
Copies of the Proposed Orders will be on file and may be reviewed at the office of the City Clerk
prior to said Public Hearing.
January 13, 2003 Gail E. Campbell, City Clerk
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