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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 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:
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 (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
_________________________
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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