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HomeMy Public PortalAboutOrd. 23-12.x1 f fog "fit x of (fadmI, N, oc Councilman Presents the following Ordinance Seconded by Councilman II BOND ORDINANCE PROVIDING FOR THE RECONSTRUCTION Or THE PORT READING INTERCEPTOR BY THE TOWNSHIP OF WOODBRIDGE, IN THE COUNTY OF MIDDLESEX, NEI W JERSEY, ON BEHALF OF ITSELF AND THE BOROUGH OF CARTERET, IN THE COUNTY OF MIDDLE SEX, NEW JERSEY, APPROPRIATING $8,000,000 THE, AND AUTHORIZING THE ISSUANCE OF $8,000,000 BONDS OR NOTES OF THE BOROUGH TO FINANCE THE COST THE, BE IT ORDAINED BY THE BOROUGH COUNCIL OF THE BOROUGH OF CARTERET, IN THE COUNTY OF MIDDLESEX, NEW JERSEY (not less than two -thuds 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 on behalf of the Borough of Carteret, in the County of Middlesex, New Jersey (the 'Borough") by the Township of Woodbridge, New Jersey (the "Township"). For the improvement or purpose described in Section 3(a), there is hereby appropriated the sum of Pursuant to N.J.S.A. 40A:2-11(c), no down payment is provided for the costs of the since the project described in Section 3(a) hereof is being funded by the New Jersey Bank and because the purpose authorized herein is deemed self-liquidating and the ds and bond anticipation notes authorized herein are deductible from the gross debt of the ough, as more fully explained in Section 6(e) of this bond ordinance. Section 2. In order to finance the cost ofthe improvement or purpose, negotiable bonds hereby authorized to be issued in the principal amount of $8,000,000 pursuant to the Local td Law. In anticipation of the issuance of the bonds, negotiable bond anticipation notes are .by authorized to be issued pursuant to and within the limitations prescribed by the Local Bond Section 3. (a) The improvement hereby authorized and the purpose for the financing which the bonds are to be issued is the reconstruction of the Port Reading Interceptor by the NO. #23-12 PROS-2- of 5 Township on behalf of itself and the Borough, including all work and materials and incidental thereto. (b) The estimated maximum amount of bonds or bond anticipation notes to be issued the Borough's share of the cost of the improvement or purpose is as stated in Section 2 hereof. (c) The Borough's share of the estimated cost of the improvement or purpose is equal the amount of the appropriation herein made therefor. Section 4. All bond anticipation notes issued hereunder shall mature at such times may be determined by the chief financial officer; provided that no bond anticipation note mature later than one year from its date, unless such bond anticipation notes are permitted mature at such later date in accordance with applicable law. The bond anticipation notes shall rates and be in such form as may be determined by the chief financial chief financial officer shall determine all matters in connection with bond anticipation pursuant to this bond ordinance, and the chief financial officer's signature upon the shall be conclusive evidence as to all such determinations, All es issued hereunder may be renewed from time to time subject to the provisions of the Local nd Law or other applicable law. The chief financial officer is hereby authorized to sell part or of the bond anticipation notes from time to time at public or private sale and to deliver them to 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 the price obtained and the name of the purchaser. No. #23-12 PAGB 3 of 5 Section 5. The Borough hereby certifies that it has adopted a capital budget or a rry capital budget, as applicable. The capital or temporary capital budget of the Borough is amended to conform with the provisions of Us bond ordinance to the extent of To the extent that the purposes authorized herein are inconsistent with capital or temporary capital budget, a revised capital or temporary capital budget has led with the Division of Local Government Services. Section 6. The following additional matters are hereby determined, declared, recit id stated: (a) The improvement or purpose described in Section 3(a) of this bond ordinance is r current expense. it is an improvement or purpose that the Borough may lawfully undertake ive undertaken on its behalf as a self-liquidating purpose of a municipal public utility. No p been or shall be specially assessed on property specially benefitted (b) The period of usefulness of the improvement or purpose within the limitations al Bond Law, according to the reasonable life thereof computed from the data of the bonds >ed by this bond ordinance, is 30 years. (c) The Supplemental Debt Statement required by the Local Bond Law has been duly prepared and Sled in the office of the Clerk, and a complete executed duplicate thereof has been the office of the Director of the Division of Local Government Services in the Department Affairs of the State of New Jersey. Such statement shows that the gross debt of the defined in the Local Bond Law is increased by the authorization of the bonds and notes this bond ordinance by $8,000,000, but that the net debt of the Borough determined as in the Local Bond Law is not increased by this bond ordinance. The obligations authorized herein will be within all debt limitations prescribed by the Local Bond Law. No. #23-12 PACE 4 of 5 (d) An aggregate amount not exceeding $2,305,000 for items of expense listed in an permitted under N.J.S.A. 40A:2.20 is included in the estimated cost indicated herein for the purpose or improvement. (e) This bond ordinance authorizes obligations of the Borough solely for purposes described inN.J.S.A. 40A:2-7(h). The obligations authorized herein are to be issued for apurpos� that is deemed to be self-liquidating pursuant to N.J.S.A. 40A:2-47(a) and are deductible from the gross debt of the Borough pursuant to NIS.A. 40A:2-44(c). Section 7. The Borough hereby declares the intent of the Borough to issue bonds or) id anticipation notes in the amount authorized in Section 2 of this bond ordinance and to use proceeds to pay or reimburse expenditures for the costs of the purposes described in Section ) of this bond ordinance. This Section 7 is a declaration of intent within the meaning and for poses of the Treasury Regulations. Section 8. Any grant moneys received for the purpose described in Section 3 hereof a be applied either to direct payment of the cost of the improvement or to payment of the gallons issued pursuant to this bond ordinance. The amount of obligations authorized but not ed 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 to update from time to time as necessary a financial disclosure document to be distributed in iection 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 ofholders and beneficial owners of obligations of the Borough and to amend such undertaking from time to NO. #23-12 PAGE in connection with any change in law, or interpretation thereof, provided such undertaking is continues to be, in the opinion of a nationally recognized bond counsel, consistent with the ments of the Rule. In the event that the Borough fails to comply with its undertaking, the h shall not be liable for any monetary damages, and the remedy shall be limited to specific uance 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 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 property within the Borough for the it 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 after final adoption, as provided by the Local Bond Law. SPACE EBLOW THIS LINE RECORD Or COUNCIL VOTE COUNCILMAN YES NO NV A.B. COUNCILMAN YES NO NV A.B. BELLINO X I JOHAL g DIAZ X KRUM X DIMASCIO X NAPIES X- Indicate Vote AB- Absent NV -Not Voting XOR- Indicates Vote to Overrule Ve[o Adopted on first reading of the Council or the Borough of Carteret, N.J., on 27 Adopted on second reading after hearing on April J 2023 April 13, 2023 r APPRO E BY > ON MAYOR u a j V U I' � I�fUNICI�BRK 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 Home News Tribune, a newspaper which is printed in Freehold, New Jersey and published in Neptune, in said County and State and of general circulation in said county. One 1 time(s), once in each issue as follows: April 18.2023 Car j ela Po oriels C Municipal Clerk K . L, v-� i v of New Jersey Sworn and subscribed before me this 19't day of d, c> 7 AFFIDAVIT OF PUBLICATION The following is a true copy of an Ordinance or Resolution of the Borough of Carteret that has appeared in the Home News Tribune, a newspaper which is printed in Freehold, New Jersey and published in Neptune, in said County and State and of general circulation in said county. One 1 time(s), once in each issue as follows: May 2, 2023 an4o— Notary tic of New Jersey IENNIFER K. OTE 0 Note y Publb • Stale of New Jersey Commission # 50.18.8983 M Comm. Ex Ires Mar, 31 2027 Sworn and subscribed before me this J� day of Oo? Municipal Clerk TATEMENT AND SUMMARY the summary terms of which are Included herein, has been finally adopt in the County of Middlesex, State of New Jersey on April 27, 2023 and 1 Within which a suit, action or proceeding questioning the valldlty of mmenced, as provided In the Local Bond Law, has begun to run from tr :of this statement Copies of the Lull bond ordinance are available at ns less hours at the Clerk s oNlce for members of the general public who re of the terms of such bond ordinance follows: NCE PROVIDING FOR THE RFC0HcTm,,,-. __. — e(s): Reconstruction of the Port Reading Interceptor by the Township on behalf of Itself and the h, Including all work and materials. necessary therefor and Incidental thereto. irlation: $8,000,000 Jotet Authorized. $8,00D,000 ;If any) Appropriated: $0 20 Costs: $2,305,000 Ife: 30 years i.Poorzelskl, RMC al Clerk