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ORDINANCE NO. 13-2007

 

BOND ORDINANCE PROVIDING FOR VARIOUS CAPITAL IMPROVEMENTS OF THE TOWNSHIP OF MENDHAM, IN THE COUNTY OF MORRIS, NEW JERSEY, APPROPRIATING THE AGGREGATE AMOUNT OF $455,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $318,250 BONDS OR NOTES OF THE TOWNSHIP TO FINANCE PART OF THE COST THEREOF.

 

 

BE IT ORDAINED BY THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM, IN THE COUNTY OF MORRIS, NEW JERSEY (not less than two-thirds of all members thereof affirmatively concurring) AS FOLLOWS:

 

Section 1.       The several improvements or purposes described in Section 3 of this bond ordinance are hereby respectively authorized to be undertaken by the Township of Mendham , New Jersey 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 $455,000, including the aggregate sums of $136,750 as the several down payments required by the Local Bond Law and the other available funds. 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 and other funds are available from other sources as described in Section 3 hereof.

 

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 $318,250 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 or purposes hereby authorized for which the bonds are to be issued, the estimated cost of each improvement or purpose and the appropriation therefor, the down payment or other available funds appropriated therefore, the estimated maximum amount of bonds or notes to be issued for each improvement or purpose and the respective periods of usefulness are as follows:

 

 

 

 

 

 

 

 

 

Purpose

 

 

Appropriation and Estimated

Cost

 

 

Down Payment

And Other Available Funds

Estimated Maximum Amount of Bonds or

Notes

 

 

 

Period of

Usefulness

a) Supplemental appropriation for new emergency services building (this supplements bond ordinance #19-2006 finally adopted 9/11/06 as supplemented by ordinance #2-2007 finally adopted 1/23/07 and bond ordinance #7-2007 finally adopted 5/22/07)

          $100,000

(in addition to $3,300,000 appropriated by bond ordinance #19-2006 finally adopted 9/11/06, $196,000 appropriated by ordinance #2-2007 finally adopted 1/23/07 and $150,000 appropriated by Section 3(m) of bond ordinance #7-2007 finally adopted 5/22/07)

 

$100,000

(from Reserve for Municipal Complex)

$0

(in addition to $3,142,000 bonds or notes authorized by bond ordinance #19-2006 finally adopted 9/11/06 and $132,500 bonds or notes authorized by Section 3(m) of bond ordinance #7-2007 finally adopted 5/22/07)

40 years

b) Improvement of the drainage system in the area of Knollwood Trail in order to alleviate flooding, including installation of large drainage piping and additional drainage inlets and installation of a retention basin (in addition to preliminary engineering costs set forth in bond ordinance #11-2005 finally adopted 10/11/05)

250,000

(in addition to the $50,000 appropriated for preliminary engineering costs in ordinance #11-2005 finally adopted 10/11/05)

12,500

(from Capital Improvement Fund)

237,500

(in addition to the $47,500 bonds or notes authorized for preliminary engineering costs in ordinance #11-2005 finally adopted 10/11/05)

40 years

c) Installation of new fire cistern tank on property owned by the Township in the area of Old Mill Road adjacent to Meadowwood Park to enhance firefighting capability

 

85,000

4,250

(from Capital Improvement Fund)

80,750

40 years

d) Installation of bridge at India Brook Park (this supplements bond ordinance #5-2005 finally adopted 4/26/05 as supplemented by bond ordinance #11-2005 finally adopted 10/11/05 and bond ordinance #15-2006 finally adopted 5/8/06)

20,000

(in addition to $100,000 appropriated by Section 3(g) of bond ordinance #5-2005 finally adopted 4/26/05, $2,000 appropriated by Section 3(d) of bond ordinance #11-2005 finally adopted 10/11/05 and $540,000 appropriated by Section 3(a) of bond ordinance #15-2006 finally adopted 5/8/06)

20,000

(from Reserve for Natural Area Maintenance)

0

15 years

TOTALS

$455,000

$136,750

$318,250

 

 

The improvements or purposes above include all costs necessary therefore or incidental thereto. 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 40 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 $318,250, and the obligations authorized herein will be within all debt limitations prescribed by that Law.

(d)       An aggregate amount not exceeding $107,000 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. Of this amount, $20,000 was estimated for these items of expense in bond ordinance #19-2006 of the Township finally adopted September 11, 2006 as supplemented by ordinance #2-2007 of the Township finally adopted January 23, 2007, and an additional $87,000 is estimated therefor herein.

 

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.

 

 

 

ATTEST                                                         TOWNSHIP OF MENDHAM , IN THE

                                                                        COUNTY OF MORRIS

 

_________________________          By____________________________

Ann L. Carlson, RMC                                                Phyllis Florek

Township Clerk                                                        Mayor

 

 

INTRODUCED          November 8, 2007

 

ADOPTED                 November 27, 2007

                

EFFECTIVE              December 21, 2007

           


           

 

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