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ORDINANCE
11-2005 BOND
ORDINANCE PROVIDING FOR VARIOUS CAPITAL IMPROVEMENTS OF THE TOWNSHIP OF MENDHAM,
IN THE COUNTY OF MORRIS, NEW JERSEY, APPROPRIATING THE AGGREGATE AMOUNT OF
$140,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $128,250 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
$140,000, including the aggregate sum of $9,750 as the several down payments
available from the Capital Improvement Fund and $2,000 available from the
Reserve for Natural Area Maintenance Fund, for the improvements or purposes
required by the Local Bond Law. The source of the down payments and other
available funds are explained more fully in Section 3. Section
2. In
order to finance the cost of the several improvements or purposes not covered by
application of the several down payments or other available funds, negotiable
bonds are hereby authorized to be issued in the principal amount of $128,250
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 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 and 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 therefor, as above stated, is the amount
of the down payment, or other funding source as noted, 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
capital budget of the Township of Mendham is hereby amended to conform with
the provisions of this ordinance to the extent of any inconsistency herewith.
The resolution in the form promulgated by the Local Finance Board
showing full detail of the amended capital budget and capital program as
approved by the Director of the Division of Local Government Services is on
file with the Clerk and is available there for public inspection. 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 $128,250, and the obligations authorized herein will be
within all debt limitations prescribed by that Law. (d)
An aggregate amount not exceeding $115,000 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. 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. |
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