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HomeMy Public PortalAboutOrd. 06-28 ¡-;" .{)6-:-28.". QDròiwmte nf tIll' ~{OrlJUBI, of ([Iurtl'rd¡ 3J. (:"U(Kil:l'ilr¡ Pr!'\rnl~ the follf'winf, OrdfI1Afh;t: ,<;cn¡ndcd 11,' C>1IJnçiJman CARTERn BOND ORDiNANCE PROViDING FOR \flILTi~PARKS [MPROVE\fEN IS PROJI:C~ 11ND nil' ,\R'f [IUR KlI.r~ WATERFRON[ ACQt IISII 10,' PROJFCT IN AXD BY TflE BOROUGH 01' CARTER FT. iN IflE COUNTY OE M )1JLESEX. XEW JFRSEY. M'I ROPIUATING SI J,OO/H)!) TIICHEFOR AND AI iTllORIZING T IE ISSUANCE OF S L{¡OO,nOO BONDS OR NOTES OF fIfE 10ROUGH TO FlNANCF THE COST TI!EREOL~ IJL IT ORDi\lNED [JY TilE BOROUGI! COUNCil OF lHE IJOROUGI! or CAR!liRE!, IN THE COUNTY OF MIDDLESEX. NEW .IERS[ Y (nol kss than Iw,Hhirds 01 ali !l1l'Jllbcrs thlTcnfaffirm<lfiveJycnllCI!rring) !\S FOI.!,O\VS: SectHm 1. Tb(~ improvement described in Section J or t ì5 bond ordmance IS herehy authorized to be undcrtakfn hy the Borough of Carten:L in the Con l1y or l'\Jiddlcscx, Ne\v Jersey It!lc "Borough") as a general improvemcnt For thc unproven en! or purpose descrrbed in Section 3, there is here-b)- ;rpproprmt\.~d the sum of $ I ,600JWO, \ 'hjeh incJnde5 d grant III the r ;m10u¡it of S 1 ,(¡()(J,i)(¡() t;xpcdcd to he rccc!vçd frnm :he St¡]{c )f New Jerscy (,fecn Acres i I "rolmmJ. No down payment IS f(I(jllired pursuanl 10 NJ.s~A 40lli' t I(e) a~' Ihe ìmprmement orl purpose dcscrihc( in Section 3 will be fìmded hy a Stak Grecn Acr s gran! ¡ Section 2, In Ndcr to Jinane/,.' the (0st nt' the !!llpnl\TI11cn! l purpnsc and in anticipation I ì the grant rl'fcrr(;<! to in Section I, ncgotiah1c ho!]d:; are herchy 1 Hhmi/cd to be issucd in the amount of S 1 ,hOO,OfJO pursuant to the Loc)Î Bond L.;nv. I anticipation of the JSSU;HKC the bunds. ncgntli1hlc bnnd anticipation notes arc hereby authori ,cd to be issued pursuant to \vitl)! ] the limitntions prescribed by the Local Bond Law ScctÎPIl 3. (a) rhe ìmpmvonenf hçt<:by authorizcd and the 1!'1)(lSC fur the financing or ¡which the ¡wilds ,If(: 10 he issued is the C;¡rtcrct Multi-Parks II prnvcrncnts Project, which I"KIlHb improvemenls 10 Chrome Water Park, I"eluding new wal ways, scaling and lighllflg, r'i'1e Cenler I'mk, includrog turf on Ihree ball tickl" a new open I"arllcc lurftield, a pKnle area, I ! NO 06-28 ~ PAt;E. 2 I1ghtmg, !cQronl1ls, \\;¡lkway~ ,md JandSC;lptng and the John Strc:.; Soccer Field and the Arllnll Kdl Wa1crtìnot Acquisition ProJlxt, whIch inch¡des 1he- <lcqtns:ition or J, 19 acres of Innd adpct'l1 to Arthur KdJ Waterfront Park, kmHvn as mock 201, Lots! aId:; on the tax 01;1)1 I,r the: Borough, indudmg aIJ related cosls and t'xpcruhturcs J!1Cldcntal th reIn. and further including ;111 work and materials neccssaf\' thcrd1:)t" ;md irh:idcntal there tn. p, ¡)\"p:,I::. I: I:: :t::tl:,::alt,:(~:(I~II::,~'~I::e::::(¡,uut I)f bonds Pf notes to ¡ C ISsued n'f the "upIOWmen! I (e) rhe estimated cost of tf¡;: ímprnycnJel1! üI pnrpo"e ì equal to the a1HOt1!lt of 1he: JpprOpri;lt1on I1cœìn made thcfcfÒr. Section 4. All bond anticipation notes issued hereunder shal mature at !'uch tunes i1S may he dcterrn!Jlc([ hy the ducf linancial offícer; pnnided that no no e s!wl1 mature later than one year from i1s dati.' The notes shaH hear lIltcrcst ,1i such rate nr r;¡t and be in ~\Jch form as may be ddcnm!1cd by the dlìçí nnancl,d nfficcr. rhc ch1t'f fil1<1t1ci 11 offíeet shall determine aU Hl<Htefs in c0111l\.'ctiol1 'wIth nok<; ¡sSHcd pursuant to this nrdin, nee. and the duct' !inancia! nnker's sign;l1urc upon thç note:': shall he conchl:';1VC cvìdence as t aJ1 sHch determinations All notes issued hereunder rn;lY be !T'1C\\'cd from time 10 !ime subJect 0 the provisions or the Local Bond Law The chief fin,meia! nff1ccr is hereby authonzed 10 5c11 parI 01 ,t11 or the notcs from timc 10 1anc at pub1íc ür private sale and In de1iver thcm to I,he purc asers thcreofurnn receipt of payment or Ihe purchase price plus accrued interest from their (alc!' to the dale of delivery thercof fhe chief fin,mcw! oHîccr is directed to report in \-vriting to the governing hotly at the !1lcctmg next slIccceding Ihe dnk when an;.' è'ak or dc1ìvery 0 the notcs pursuant to Ihis ord11lancc !$ nwdc Such rcportl1ìust 1Ilcludc the Jmmmt, the dcscri IHm. the iuterest rate <1\H1 the maturity f>chedu!e 01\11(' notes sold, the price obtaincd and the name of tht~ purchaser. Section 5. The Boruugh hercby ccr1¡f¡es that !t has: ,uk )led a capItal budget or ;) temporary capital hudget as ;¡pp1icah1c. Tbe c;¡pHal or 1cmpnraf:: <'I1)\lal budget of the Borough is herehy amended 10 conform wIth the provislQns of thi$ ord'nancc to the extent of (lny ¡ncn11s1s!cncy herewith. To the extent that the purposes i1uthori/c I hcrt.~in arc 1Hconsíslent with the adopted capit,¡ Of rcmporary capt1al budget. a re"scd e'pllal 0 temporary elplta! "udeet ""I I I \ \KCn filed \1./1111 the UrvIsio11 of [ocJÎ C10VCrr111ìcnt Scn'lccs NO. ,06-:-28 PA(iE 3 SC(!!O!l Ô. The folIowìng addItional tnaHcrs ;ue herehy dde mincd. dedared, recited stated: (a) The improvcment or purposc described in SectIOn J of this bond orolllance is a currcnt expense rl is an improvement or purpose' that thc Boron h may lawfully undertake as ¡¡ genera! improvcment. ;:md nQ part of the cost thereof has been or hall!1c special1y assessed on pruperty specially bencfltted therehy. fh) The perîod of usefurness of the impro\'Cment or pu )SC within thc limÍtatiollS of the Local Bond Law. according to the reasonahle hie thereof COIl puted from !hc date of the I bonds authorized by this ordìnancc, IS ! 5 vems. ¡' (c) The Supplemental Debt 3t~tcment required by the Llcal Bond Law has been duly Ii pR'pared and tHcd in the offiçe of the Clerk, and a complete e;xccu! d duplicate thercofh,lS been filed in the office of the Director of the Division of Loca! (" ovcmmcnt Services in the ! Department of Community Affairs of the State of Nc'.-" Jersey, S h statement sho\vs that the gro~s debt of the- Borough as defined in tbe Local Bond Law IS inn ascd by the authorization of the honds and notes provided in 1!1J'~ bond ordinanct: hy SU¡( 0,000, and tIle ohligations authonzcd herein will be withm an debt limitations prescribed hy IIr t Law, (d) An aggregate amount not exceeding $ f1n,OOO for it illS of expense listed in and pcnnÌ!!cd under NJ,S,A. 40/\:2·20 is included 111 the cstimated ç st indicated herein for the purpose (11' improvement. (ç) Tbis bond ordinance ,authorÍles ohhgatinHS of the n rough solery for a purpose described in NJSA. 40A:2·7(Ù). Tim, purpose IS in the pub!ic in crcst and is for the health, I ¡welfare, convenÎence or betterment or the inhabitants of the Bor ugh, The amounts to be ! ¡expended for thi:; purpo~c pursuant to this bond ordinance are not ¡nre:t30uablc or exorbitant, ¡and the iSSUf1llCC of the obligatíons authorized hy' this- bond on:hnane will nor matcna1Jy ìmpair i !!he uulit of the Borough or suostantially reduce it~ ability to pay pu dually the pnncipal of and ¡tile interest on its (tcbts and to supply other csscntia1 puhflc irnpro 'cmcnts and services. The iLOCaIFil1allCL~ Board in the Division of Loc<l1 Government Scrv res of the Dep<1rtmcnt of iC:onullunity AfL1irs of the State of New Jersey has herctofore made;:¡ dctcnllillation to this effect land has caused ils consent to he endorsed 'Ipon a cCJ1i ficd copy of th s bund ordinance as p¡¡sscd upon first rcadmg, Section 7 Any grant moneys rcçcjvcd rot' the putvo,Sc de crihed in Section 3 hen.'\\[ I I' NO -<)6 28 PAGE 4 shall be applied either to direct payment of the cost of the Hopre ement or to payment of the obligations issued pursuant to this ordinance. The amount of 0 ligations authorized but not issued hereunder shaH be reduced to the extent that such funds are s used. Section 8. The chief financial officer of the Borough is crcby authorized to prepare and to update from time to time as necessary a financial disclosure acument to be distributed in connectìon with the sale of obligations of the Borough and to exec te such disclosure document on behalf of the Borough. The chief financial officer is further authorized to enter into th I appropriate undertakjng to provide secondary market disclosur on behalf of the Borough pursuant to Rule 15c2-12 of the Securities and Exchange Co ission (the "Rule") for the benefit of holders and beneficial owners of obligations of the orough and to amend such undertaking from time to time in cOlli1ection with any change in w, or ìnterpretation thereof, '¡prOvided such undertaking is and continues to be, in the opinion of a nationally recognized bond I Icounsel, consistent with the requirements of the Rule. In the ev nt that the Borough fails to \¡comPly with its undertaking, the Borough shall not be liable for an monetary damages, and thc !¡remedY shall be limited to specific performance of the undertaking. Section 9, The full faith and credit of the Borough are h reby pledged to the punctual I I payment of the principal of and the interesl on Ihe obhgations auth ,:The obligations shall be direct, unlimited obligations of the Boro I ¡obligated to levy ad valorem taxes upon all the taxable real prope rized by this bond ordinance. h, and the Borough shall be Y within the Borough for the Ipayment of the obligations and the interest thereon without limitati n ofratc or amount. Section 10. This bond ordinance shall take effect 20 d ys after the first publication [thereof afier final adoption, as provided by the Local Bond Law. DO NOT USE SPACE BELOW THIS UNE RECORD OF COUNCIL VOTE COUNCILMAN YES NO NV A.H. COUNCILMA X NAPLES RIGS X SITARZ YES NO NV A.B. X x . Indicate Vote AB - Absent NY - Not Voting XOR - Indica! s Vote to Overrule Veto Adopted on firsr reading of the Council of the Borough of Carteret, N.J,. on April 20 006 Adopted on second re er hearing 0 ' il6 2006 AYOR ON Affidavit of Pub ication Publisher's Fee $44.88 State of New Jersey} 55. MIDDLESEX COUNTY Personally appeared JON IRAGGI Affi avit Charge $25.00 of the Home News Tribune, a newspaper printed In Freeh Id, NJ and published In NEPTUNE, In said County and State, and of general circulation In said county, ho being duly sworn, deposeth and salth that the advertisement of which the annexed Is a true copy, as been published In the said newspaper 1 lONE) times, once In each Issue, as follows 11 6 ¡ 11 t iV':,'-;i..,: i L:\i'·! J t- ~ " 'r A.D,,20 6 '_.\ l J ~ '/ ~ / í I ~ '_ I Jl A ILE£?!;J/;/ no.-C'-y / ¡¿~?JC Notary Public of New Jersey BOROUGH OF CARTERET terfront Acquisition Pro- ject, which includes the acquisition of 3-19 acres of land adjacent to Ar- thur Kill Waterfront Park, known as Block 201. Lots 1 êlnd 3 on the tax map of the Borough. in- cluding all related costs and expenditures inci- dental thereto, and fur- ther including all work and materials necessary therefor and incidental thereto, :f.P6&f.~on: Bonda/Notes Authorized: $1,600,000 Grants Appropriated: $1,600,000 grant expec- ted to be received from the State of New Jersey Green Acres Program Section 20 Costs: $160,000 UsefUl Life: R~thi:~~ M, Barney, Clerk ($44,88)j 19761 ORDINANCE #06-28 NOTICE OF PENDING BOND ORDINANCE AND SUMMARY The bond ordinance, the summary terms of which are included herein, was introduced and passed upon first reading at a ~oe:~i~, ~~~hå~~;~~gino~ Carteret, in the County of Middlesex, State of New Jersey, on April 6, 2006. It will be further considered for hearing thereon, at a meeting of the governing body to be held at the Municipal Court/Pollee Facili~, in ~~ô2O;t06:~~ ~~c~~ p~~', During the week prior to and up to and including the date of such meet- ing, copies of the full or- dinance will be available ~~g~l~r b~~fn:s~dh~uur~~f the Clerk's office for the members of the general public who shan request ~~e thaem~~~r';.~ s~fr;ua~~ bond ordinance foHows: Titre: "Bond Ordinance Providing for the Carter- et Multi-Parks Improve- h~h~r PKiìlec~a~~~fr~~~ Acquisition Project in and by the Borough of Carteret, In the County of Middlesex, New Jer- sey, Appropriating $1.600,000 There/or and Authorizing the Issu- ance of $1.600,000 Bonds or Notes of Ihe ~~~~u'~e:~of. i,n ~~~~otshe~ The Carteret Multi-Parks rmprovements Project, which includes improve· ments to Chrome Water Park, induding new walk- ways, seating and light· lng, Civic Center Park, ba~tIU~~ï95,tU;f n~~ t~~:~ practice turf field, a pic- ~~r-~~~~a'w~f~~~~s r;~~ landsçaping and the John St,,~el Soccer Field and tile Arthur Kill Wa scribed before me this ay of April, A,Do, 2006 AFFIDAVIT OF PU LICATION is a true copy of the Borough appeared in the Home News which is printed in Freehold, Ne in Neptune, in said County an circulation in said county. issue as follows: of an Ordinance or f Carteret that has ribune, a newspaper Jersey and published State and of general times, once in each _ OF CM1EIIfI The following Resolution \( ,_ -J 6- b" OIIIDHIANCE ..... em:~ The bond ordimlnce, th summary hirms of whlc are included hereto, h been flnaHy adoøted b the Borough of C:artet'"e in the County of M sex, State of New Jef" on April 20, 2006 an the 20 ct.y period of 11m! tatlon wIthin which suit, action or proceed ing questioning the valid Ity of such ardin.ne can be commenced, 8 provided in the Lee Bond Law, has begun t run from the date of th first publication of thi stlltemenl Copies of th futl ordinance are avail able at no cost and dur ing regular busln.s hours. at the Cterk's of fie. for members of th pnefal public who r. quest the ume. Th summary of the terms 0 such bond ordinance fot lows: Title: "Bond Ordln.ne Provtdtng for the Carter et Muttr-Parks Improve ments ProJect and th Arthur Kill Wet.rlren Acquisition Project i and by the 8oroulh 0 C.rteret, in the Count of Middlesex, New Jer sey, ADpropriatin $1,600¡¡OOO Thereto and Aut orlzing the Iou ance or Sr,600,OO Bonds or Notes or th Boroll lh to Finance th Cost Thereof' Purpose: The Cartere Multl·Parks improve ITIIInu Project, which In eludes Improvements t Chrome Water Park In eluding new walkways seating and lillhtlng, Clv Ie Cenler Parli, Includl turf on three ban fields, new open practice tu field, . picnic area, LIcht Ins, restrooms. waIkW and landSCllpl,. and John Street Soccer Field I and the Arthur Kill W terfront AcquWtion Pr j&ct, which Includes the acquisition of 3.19 acres of land adjacent to Ar- thur Kill Waterfront Park known as Block 201' lots 1 and 3 on the tIIx map of the Boroue:h, in- c~ aU reIMN eosts and .x~wr.s Inci- dentat fhwfto, Md fur- tMr' Incl~." work a~ ,mat..... ~ thererorand' incìc:tentaJ thtreto. .........'''''''"' $1;000,000 ' Bonds/Notes Autho- rized: $1.100,000 Gn,nts__' SI,600,OOb ...."t exP-<:- ted to be received trom the State of New Jersey Green Acres Program Section 20 Costs: $160,000 Useful Life: 15 years ~M,_. i$43·12) 48S!O One Apri] 25, 2006 NOTARY P¡~ ,,'V Comm;'- Sworn and subscribed before me thi&;.U-..v: day of ~, .;z 0:;;, (; ~w JERSEY J":'i~f 2 20" .6<{~ 0 ~ Notary Pubiic of New Jersey , ,,~ Affidavit of Pub ication Publisher's Fee $43.12 Affi avit Charge $25.00 State of New Jersey} 55. MIDDLESEX COUNTY personally appeared JON IRAGGI Of the Home News Tribune, a newspaper printed In Free County and State, and of general circulation In said county, that the advertisement of which the annexed Is a true copy, 1 (ONE) tImes, once In each Issue, as follows 6 BOROUGH Of CARTERET acquisition of 3.19 acres of I¡¡and adjacent to Ar- thur Kill Waterfront Park, known as Block 201, lots 1 and 3 on the tax map of the Borough, in- cluding all related costs and expenditures inci- dental thereto, and fur- ther including all work and materials necessary therefor and incidental thereto. ~~~6gg~~bon: Bonds/Notes Autho- rized: $1,600,000 Grônts Appropriated: $1,600,000 grant expec- ted to be received from the State of New Jersey Green Acres Program Section 20 Costs: $160,000 Useful Life: 15 years ~=~~een M. Barney. ($43,12) 46570 ORDINANCE #06-28 BOND ORDINANCE STATEMENT AND SUMMARY The bond ordinance, the summary terms of which are included herein, has ~h:å~~~~lh ~1~t~~r~i. in the County of Middre- sex, State of New Jersey on April 20, 2006 and ~~fi~~ d~rt~i~io~h~~~m~ suit, 3Ction or proceed- ing questioning the valid- ity of such ordinance can be commenced, as provided in the Local Bond Law, has begun to run from the date of the first publication of this statement_ Copies of the full ordinance are avail- able at no cost and dur- ing regular business hours, at the Clerk's of- fice for members of the generar public who re- quest the same. The summary of the terms of such bond ordinance fol- rows: Title: .. Bond Ordinance Providing for the Carter- et Multi-Parks Improve- ~r~h~r PK~lec~a~~~fr¿~~ ~~~ub~tith~ ~~~J~~~ ~~ Carteret, In the County of Middlesex, New Jer- ii ~ 600, tÓ~)f°-fh ~~~if~ ~ and Authorizing the Issu- ance of $1.600,000 Bonds or Notes of the ~~~~u-ñ,~r~oopnance the Purpose: The Carteret Multi-Parks improve- ments Project, which in- cludes improvements to Chrome Water Park, in- cluding new walkways, seating and lighting, Civ- ic Center Park, including turf on three ball fields. a new open practice turf field. a picnic area, light- mg, restrooms, walkways and landscaping and the John Street Soccer Field and the Arthur Kill Wa- terfront Acquisition Pro- ject, which includes the old, NJ and published In NEPTUNE, In said ho being duly sworn, deposeth and salth as been published In the said newspaper "\. '\ I I r í Sworn d sUbsè~bed before me this .~ 25th ,:?,Of April, A,D" 2006 .-----_.~.