ORDINANCE
198-08
BOND ORDINANCE PROVIDING FOR VARIOUS CAPITAL IMPROVEMENTS OF THE TOWNSHIP OF
UPPER FREEHOLD, IN THE COUNTY OF MONMOUTH, NEW JERSEY, APPROPRIATING THE
AGGREGATE AMOUNT OF $535,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF
$508,250 BONDS OR NOTES OF THE TOWNSHIP TO FINANCE PART OF THE COST THEREOF.
BE IT ORDAINED BY THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF UPPER FREEHOLD,
IN THE COUNTY OF MONMOUTH, NEW JERSEY (not less than two‑thirds of all
members thereof affirmatively concurring) AS FOLLOWS:
Section 1. The several improvements described
in Section 3 of this bond ordinance are hereby respectively authorized to be
undertaken by the Township of Upper Freehold, in the County of Monmouth, New
Jersey (the “Township”) as general improvements. For the several
improvements or purposes described in Section 3, there are hereby
appropriated the respective sums of money therein stated as the
appropriation made for each improvement or purpose, such sums amounting in
the aggregate to $535,000, including the aggregate sum of $26,750 as the
several down payments for the improvements or purposes required by the Local
Bond Law. The down payments have been made available by virtue of provision
for down payment or for capital improvement purposes in one or more
previously adopted budgets.
Section 2. In order to finance the cost of
the several improvements or purposes not covered by application of the
several down payments, negotiable bonds are hereby authorized to be issued
in the principal amount of $508,250 pursuant to the Local Bond Law. In
anticipation of the issuance of the bonds, negotiable bond anticipation
notes are hereby authorized to be issued pursuant to and within the
limitations prescribed by the Local Bond Law.
Section 3. The several improvements hereby
authorized and the several purposes for which the bonds are to be issued,
the estimated cost of each improvement and the appropriation therefore, the
estimated maximum amount of bonds or notes to be issued for each improvement
and the period of usefulness of each improvement are as follows:
|
Purpose |
|
Appropriation
and Estimated
__Cost__ |
Estimated Maximum Amount of
Bonds or
Notes |
Period of Usefulness |
|
a) Department of Public
Works:
Facility Repairs and
Improvements and the Acquisition of Various Equipment:
Various repairs and improvements and the acquisition of various
equipment, including, but not limited to, a tractor, the
acquisition and installation of a waste oil heater and
insulation for Bays 3 and 4, structural masonry work, structural
alterations and revitalization, installation of an overhead door
for the salt barn, a shed for batteries and computers, open
lean-to to hang sanders and renovations to the fuel dispensing
system and the acquisition of an asphalt road cutting saw,
removable and reusable steel sanders for mason type dump trucks
and a removable and reusable stainless steel sander for a large
dump truck, including all related costs and expenditures
incidental thereto and further including all work and materials
necessary therefore and incidental thereto. |
|
$165,000 |
$156,750 |
15 years |
|
Traffic Calming Devices for
Various Roads:
Acquisition of rumble strips, solar powered speed blinker signs
and solar powered speed over speed signs, including all related
costs and expenditures incidental thereto and further including
all work and materials necessary therefore and incidental
thereto. |
|
$20,000 |
$19,000 |
10 years |
|
Vehicles:
Acquisition of a large 4 wheel drive articulated wheel loader
and a large 5 cubic yard municipal dump truck with snow plow and
stainless steel sander, including all related costs and
expenditures incidental thereto. |
|
$325,000 |
$308,750 |
5 years |
|
b) Department of Emergency
Management: Acquisition of communications equipment,
including all related costs and expenditures incidental thereto. |
|
$20,000 |
$19,000 |
10 years |
|
c) Administration
Department: Acquisition of document and records
management equipment for Records Management, including all
related costs and expenditures incidental thereto. |
|
$5,000 |
$4,750 |
5 years |
|
TOTAL: |
|
$535,000 |
$508,250 |
|
The
excess of the appropriation made for each of the improvements or purposes
aforesaid over the estimated maximum amount of bonds or notes to be issued
therefore, as above stated, is the amount of the down payment for each
purpose.
Section 4. All bond anticipation notes issued
hereunder shall mature at such times as may be determined by the chief
financial officer; provided that no note shall mature later than one year
from its date. The notes shall bear interest at such rate or rates and be
in such form as may be determined by the chief financial officer. The chief
financial officer shall determine all matters in connection with notes
issued pursuant to this ordinance, and the chief financial officer’s
signature upon the notes shall be conclusive evidence as to all such
determinations. All notes issued hereunder may be renewed from time to time
subject to the provisions of the Local Bond Law. The chief financial
officer is hereby authorized to sell part or all of the notes from time to
time at public or private sale and to deliver them to the purchasers thereof
upon receipt of payment of the purchase price plus accrued interest from
their dates to the date of delivery thereof. The chief financial officer is
directed to report in writing to the governing body at the meeting next
succeeding the date when any sale or delivery of the notes pursuant to this
ordinance is made. Such report must include the amount, the description,
the interest rate and the maturity schedule of the notes sold, the price
obtained and the name of the purchaser.
Section 5. The Township hereby
certifies that it has adopted a capital budget or a temporary capital
budget, as applicable. The capital or temporary capital budget of the
Township is hereby amended to conform with the provisions of this ordinance
to the extent of any inconsistency herewith. To the extent that the
purposes authorized herein are inconsistent with the adopted capital or
temporary capital budget, a revised capital or temporary capital budget has
been filed with the Division of Local Government Services.
Section 6. The following additional matters
are hereby determined, declared, recited and stated:
(a) The purposes described in Section 3 of this bond ordinance are
not current expenses. They are all improvements that the Township may
lawfully undertake as general improvements, and no part of the costs thereof
has been or shall be specially assessed on property specially benefited
thereby.
(b) The average period of usefulness, computed on the basis of the
respective amounts of obligations authorized for each purpose and the reasonable
life thereof within the limitations of the Local Bond Law, is 8.45 years.
(c) The Supplemental Debt Statement required by the Local Bond Law has
been duly prepared and filed in the office of the Clerk, and a complete executed
duplicate thereof has been filed in the office of the Director of the Division
of Local Government Services in the Department of Community Affairs of the State
of New Jersey. Such statement shows that the gross debt of the Township as
defined in the Local Bond Law is increased by the authorization of the bonds and
notes provided in this bond ordinance by $508,250, and the obligations
authorized herein will be within all debt limitations prescribed by that Law.
(d) An aggregate amount not exceeding $53,100 for items of expense listed
in and permitted under N.J.S.A. 40A:2‑20 is included in the estimated costs
indicated herein for the purposes or improvements.
Section 7. Any grant moneys received for the
purposes described in Section 3 hereof shall be applied either to direct payment
of the cost of the improvements or to payment of the obligations issued pursuant
to this ordinance. The amount of obligations authorized but not issued
hereunder shall be reduced to the extent that such funds are so used.
Section 8. The chief financial officer of the
Township is hereby authorized to prepare and to update from time to time as
necessary a financial disclosure document to be distributed in connection with
the sale of obligations of the Township and to execute such disclosure document
on behalf of the Township. The chief financial officer is further authorized to
enter into the appropriate undertaking to provide secondary market disclosure on
behalf of the Township pursuant to Rule 15c2-12 of the Securities and Exchange
Commission (the “Rule”) for the benefit of holders and beneficial owners of
obligations of the Township and to amend such undertaking from time to time in
connection with any change in law, or interpretation thereof, provided such
undertaking is and continues to be, in the opinion of a nationally recognized
bond counsel, consistent with the requirements of the Rule. In the event that
the Township fails to comply with its undertaking, the Township shall not be
liable for any monetary damages, and the remedy shall be limited to specific
performance of the undertaking.
Section 9. The full faith and credit of the
Township are hereby pledged to the punctual payment of the principal of and the
interest on the obligations authorized by this bond ordinance. The obligations
shall be direct, unlimited obligations of the Township, and the Township shall
be obligated to levy ad valorem taxes upon all the taxable real property
within the Township for the payment of the obligations and the interest thereon
without limitation of rate or amount.
Section 10. This bond ordinance shall take effect
20 days after the first publication thereof after final adoption, as provided by
the Local Bond Law.
Approved on First Reading: August 7, 2008
Approved, Passed & Adopted: August
28, 2008
DATED:
ATTEST:
___________________________________
______________________________
Stephen J. Alexander,
Mayor
Barbara L. Bascom, RMC/CMC
Administrator/Clerk