HomeMy Public PortalAboutOrd. 20-03orbiltaltU
No. #20 -3 of t4Q
�Rorvug I of
Councilman Presents the following Ordinance Seconded by Councilman
ORDINANCE PROVIDING FOR VARIOUS CAPITAL
IMPROVEMENTS IN AND BY THE BOROUGH OF
CARTERET, IN THE COUNTY OF MIDDLESEX, NEW
JERSEY.
BE IT ORDAINED BY THE BOROUGH COUNCIL OF THE BOROUGH OF
CARTERET, IN THE COUNTY OF MIDDLESEX, NEW JERSEY (not less than two - thirds
of all members thereof affirmatively concurring) AS FOLLOWS:
Section 1, The improvement described in Section 3(a) of this Ordinance is hereby
authorized to be undertaken by the Borough of Carteret, in the County of Middlesex, New
Jersey (the 'Borough') as a general improvement. For the improvement or purpose
described in Section 3(a), there is hereby appropriated the sum of $500,000, including the
sum of $25,000 as the down payment required by the Local Bond Law. The down payment
Is now 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 improvement or purpose not
covered by application of the down payment, negotiable bonds are hereby authorized to
be issued in the principal amount of $475,000 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. (a) The improvement hereby authorized and the purpose for the
financing of which the bonds are to be issued is the construction of the Carteret Performing
Arts Center and/or other capital Improvements, including land acquisitions associated with
the acquisition of property for parking, and further including all work and materials
necessary therefor and incidental thereto and all related costs and expenditures
necessary therefor and Incidental thereto.
NO. #20 -3 PAGE 2
(b) The estimated maximum amount of bonds or bond anticipation notes to be
Issued for the improvement or purpose is as stated in Section 2 hereof.
(c) The estimated cost of the improvement or purpose is equal to the amount of
the appropriation herein made therefor.
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 bond
anticipation note shall mature later than one year from Its date, unless such bond
anticipation notes are permitted to mature at such later date in accordance with applicable
law. The bond anticipation 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 bond anticipation notes issued pursuant to this
Ordinance, and the chief financial officer's signature upon the bond anticipation notes shall
be conclusive evidence as to all such determinations. All bond anticipation 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 bond
anticipation 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 bond anticipation notes pursuant to this Ordinance is made. Such
report must include the amount, the description, the interest rate and the maturity schedule
of the bond anticipation notes sold, the price obtained and the name of the purchaser.
Section 5. The Borough hereby certifies that it has adopted a capital budget or
a temporary capital budget, as applicable. The capital or temporary capital budget of the
Borough 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 staled:
(a) The improvement or purpose described in Section 3(a) of this Ordinance is
not a current expense. It is an improvement or purpose that the Borough may lawfully
undertake as a general improvement, and no part of the cost thereof has been or shall be
specially assessed on property specially benefitted thereby.
4852 - 2107 -6660, v. 1
No. #20 -3
PAGE--!-
(b) The period of usefulness of the improvement or purpose within the
limitations of the Local Bond Law, according to the reasonable life thereof computed from
the date of the bonds authorized by this Ordinance, is 20 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 Slate of New Jersey. Such
statement shows that the gross debt of the Borough as defined in the Local Bond Law is
Increased by the authorization of the bonds and notes provided in this Ordinance by
$475,000, and the obligations authorized herein will be within all debt limitations
prescribed by the Local Bond Law.
(d) An aggregate amount not exceeding $100,000 for items of expense listed
in and permitted under U.S.A. 40A:2 -20 is Included in the estimated cost indicated herein
for the purpose or improvement.
Section 7. The Borough hereby declares the intent of the Borough to issue bonds
or bond anticipation notes in the amount authorized In Section 2 of this Ordinance and to
use the proceeds to pay or reimburse expenditures for the costs of the purposes described
in Section 3(a) of this Ordinance. This Section 7 is a declaration of Intent within the
meaning and for purposes of the Treasury Regulations.
Section S. Any grant moneys received for the purpose described in Section
3(a) hereof shall be applied either to direct payment of the cost of the improvement 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 9. The chief financial officer of the Borough 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 Borough and to execute
such disclosure document on behalf of the Borough. The chief financial officer is further
authorized to enter into the appropriate undertaking to provide secondary market
disclosure on behalf of the Borough pursuant to Rule 16c2 -12 of the Securities and
Exchange Commission (the 'Rule ") for the benefit of holders and beneficial owners of
obligations of the Borough 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
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NO. '#20 -3 PAGE 4
the requirements of the Rule. In the event that the Borough fails to comply with its
undertaking, the Borough shall not be liable for any monetary damages, and the remedy
shall be limited to specific performance of the undertaking.
Section 10. The full faith and credit of the Borough are hereby pledged to the
punctual payment of the principal of and the interest on the obligations authorized by this
Ordinance. The obligations shall be direct, unlimited obligations of the Borough, and the
Borough shall be obligated to levy ad valorem taxes upon all the taxable real property
within the Borough for the payment of the obligations and the Interest thereon without
limitation of rate or amount,
Section 11. This Ordinance shall take effect 20 days after the first publication
thereof after final adoption, as provided by the Local Bond Law.
DO NOT USE SPACE BELOW THIS LINE
RECORD OT COUNCIL VOTE
COUNCILMAN
YES
NO
NV
A.D.
COUNCILMAN
YES
NO
NV
A.B.
BELLING
X
JOI-IAL
X
DIAZ
X
KRUM
X
DIMASCIO
X
NAPLES
X
X - Indicate Vole AB- Absent NV -Not Voting XOR- Indicates Vote to Overrule Veto
Adopted on first reading of the Council of the Borough of Carteret, N.I„ on February 6, 2020
Adopted on second reading after hearing on March 5 2020
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APPROV BY -' . -� -�
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4852- 2107 -6660. v. 1
MUNICIPALCLF
I
I
AFFIDAVIT OF PUBLICATION
The following is a true copy of an Ordinance or Resolution of
the Borough of Carteret that has appeared in the Star Ledger,
a newspaper which is printed in Newark, New Jersey and
published in Essex County, of general circulation in said
county and state. One 1 time(s), once in each issue as follows:
February 14, 2020
Notary Public of New Jersey
DANA C. ARCHEVAL
NOTARY PUBLIC Of NEW JERSEY
My Commission Expires 111212022
Sworn and subscribed before
me this /�A day of j! o
Acting Municipal Clerk
AFFIDAVIT OF PUBLICATION
The following is a true copy of an Ordinance or Resolution of
the Borough of Carteret that has appeared in the Star Ledger,
a newspaper which is printed in Newark, New Jersey and
published in Essex County, of general circulation in said
county and state. One 1 time(s), once in each issue as follows:
March 16, 2020
r
Carmela Pogor<zelski
Acting Municipal Clerk
BOND ORDINANCE STATEMENT AND SUMMARY
Notary ublic of New Jersey The bond ordinance, the summary terms of which are Included herein, has been finally adopted
of Carteret, in the County of Middlesex, State of New Jersey on March 5, 2020 and the 20 day perk
within which a suit, action or proceeding questioning the validity of such bond ordinance. can h
as provided In the Local Bond Law, has begun to run from the date of the first publication of 1
Copies of the full bond ordinance are available at no cost and during regular business hours, at tr
for members of the general public who request the same. The summary of the terms of such b
follows:
Title: BOND ORDINANCE PROVIDING FOR VARIOUS CAPITAL IMPROVEMENTS IN AND BY THE
Sworn and subscribed before CARTERET, IN THE COUNTY OF MIDDLESEX, NEW JERSEY
me this l b - w -day of f` 4VO-e- o ,. ..
and incidental thereto
MARGARET M. RlJSSO Appropriation: $500,000
NOTARY PUBLIC OF NEW JERSEY
My COITUrnission EXpiteSApril4, 2020 Bonds /Notes Authorized: $475,000
Grants Appropriated: N/A
Section 20 Costs: $100,000
Useful Life: 20 years
Carmela Pogc
Publish: March 16,2020