HomeMy Public PortalAboutOrd. 21-06(oxblunnce
No #21 -6 of t t
OxOLY C� of garf d, a �M
Councilman Presents the following Ordinance Seconded by Councilman
BOND ORDINANCE PROVIDING FOR THE ACQUISITION OF PROPERTY IN
THE CHROME WATERFRONT REDEVELOPMENT AREA IN AND BY THE
BOROUGH OF CARTERET, IN THE COUNTY OF MIDDLESEX, NEW
JERSEY, APPROPRIATING $14,000,000 THEREFOR AND AUTHORIZING
THE ISSUANCE OF $14,000,000 BONDS OR NOTES OF THE BOROUGH
TO FINANCE PART OF THE COST THEREOF.
WHEREAS, pursuant to an agreement by and between the Borough of Carteret
(the "Borough "), in the County of Middlesex (the "County"), New Jersey and E.I.
Du Pont de Nemours and Company ( "DuPont), dated April 30, 2020, the Borough
will acquire, from DuPont, the property designated as Block 304, Lot 2.01 on the
Borough's tax map; and
WHEREAS, portions of the purchase price for the above - referenced property will
be funded (through direct payment and /or reimbursement) by a grant in the
approximate amount of $1,000,000 expected to be received from the State of
New Jersey Department of Environmental Protection Green Acres Program (the
"State Grant ") and a grant in the approximate amount of $4,500,000 expected to
be received from the County (the "County Grant" and, together with the State
Grant, the "Grants ").
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 bond
ordinance is hereby authorized to be undertaken by the Borough as a general
Improvement. For the improvement or purpose described in Section 3(a), there
is hereby appropriated the sum of $14,000,000, No down payment is required
pursuant to N.J.S,A. 40A:12A37(c) as this bond ordinance authorizes obligations
for the purpose of aiding the Borough as redevelopment entity with respect to the
Chrome Waterfront Redevelopment Plan dated February 2003, as amended by
ordinance adopted June 16, 2011 (the "Redevelopment Plan ") and pursuant to
No._ #21 -6
U.S.& 40A:2 -11(c) since a portion of the cost of the purpose described in
Section 3(a) hereof is being funded by the State Grant.
Section 2. In order to finance the cost of the improvement or purpose,
negotiable bonds are hereby authorized to be issued in the principal amount of
$14,000,000 pursuant to the Local Redevelopment and Housing Law, N.J.S.A.
40A:12A -1 et se . (the "Redevelopment 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 and the
Redevelopment Law.
Section 3. (a) The improvement hereby authorized and the purpose for
the financing of which the bonds are to be issued is the acquisition of property
located on Roosevelt Avenue, which property is designated on the official tax
map of the Borough as Block 304, Lot 2.01 and is subject to the Redevelopment
Plan, including all related costs and expenditures incidental thereto.
(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 bond 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 or
other applicable 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
I
#21 -6
PACE 3
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 bond 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 bond 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
fled with the Division of Local Government Services.
Section 6. The following additional matters are hereby determined,
declared, recited and stated:
(a) The improvement or purpose described in Section 3(a) of this bond
ordinance is not a current expense. It is an improvement or purpose that the
,Borough may lawfully undertake as a general improvement pursuant to the
Redevelopment Plan, and no part of the cost thereof has been or shall be
specially assessed on property specially benefitted thereby.
(b) Pursuant to U.S.A. 40A:12A- 37(c), the obligations authorized
herein shall mature in annual installments commencing not more than two and
ending not more than forty years from the date of issuance.
(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
NO, #21 -6 PAGE 4
Borough as defined in the Local Bond Law is increased by the authorization of
the bonds and notes provided in this bond ordinance by $14,000,000.
(d) An aggregate amount not exceeding $700,000 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 bond ordinance and to use the proceeds to pay or reimburse expenditures
for the costs of the purposes described in Section 3(a) of this bond ordinance.
This Section 7 is a declaration of intent within the meaning and for purposes of
the Treasury Regulations,
Section 8. Any grant moneys received for the purpose described in
Section 3(a) hereof, including the Grants, shall be applied either to direct
payment of the cast of the improvement or to payment of the obligations issued
pursuant to this bond 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 15c2 -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 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.
APPROVED BY
MAYOR
ON
YES -Diaz, DiMascio, Johal,
- - -- ABSENT -Be 11ino
MBNICIP¢ CL R
No. #21-6
PAGE 5
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 bond 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 bond 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 LING
RECORD OF COUNCIL VOTE
COUNCILMAN
YCS
NO
NV
A.II.
COUNCILMAN
YES
NO
NV
A.B.
BELLIQTO
X
JOHAL
X
DIAZ
X
KRUM
X
DIMASCIO
X,
NAPLES
x
X- Indicate Vote AB-
Absent NV -Not Voting XOR -Indicates Vote to Overrule Veto
Adopted on first reading of the Council of the Borough of Carteret, N,L, on A ril 22, 2021
Adopted on second reading afterhe gon May M 6, 2021
F1NA.I. ADO May 20, 2021 (vote on botto )
Krum, Naples �� `—
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:
April 29, 2021
Notary Public of New Jersey
DANA C. ARCHEVAL
NOTARY PUBLIC OF NEW JERSEY
My COMMISSIon Expires 111212022
Sworn and subscribed 4efore
me this c;?l4 day of
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:
May 12, 2021
Notavy Public of New Jersey
DANA C. ARCHEVAL
NOTARY PUBLIC OF NEW JERSEY
My COMMIssbn Expires 1/12/2022
Sworn and subscribed before
me this 1.2A day of .20a
Carmela Pogo'rzi
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:
May 26, 2021
Notary Public of New Jersey
DANA C. ARCHEVAI
NOTARY PUBLIC Of NEW JERSEY
My Commission Expires 1/1212022
Sworn and subscribed before
me this day of0�
1vtumcipal uierk
0