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HomeMy WebLinkAbout2010-OR-29ORDINANCE NO. ~~'~'"~~ An Ordinance of the City of Jeffersonville amending and supplementing Ordinance No. 2009-OR-44 to provide authority for: (i) the issuance of bonds under the American Recovery and Reinvestment Act of 2009; (ii) to amend and update the list of proposed improvement projects and the cost thereof; and (iii) other matters connected therewith, and repealing ordinances inconsistent herewith WHEREAS, the City of Jeffersonville, Indiana ("City") adopted Ordinance No. 2009- OR-44 ("2009 Ordinance") which authorized sewage works revenue bonds, in one or more series, to provide financing for: (i) the refunding of certain outstanding sewage works bonds; and (ii) the projects described on Exhibit A attached thereto and under which the City has issued its Sewage Works Refunding Revenue Bonds of 2009 ("2009 Bonds"), dated December 30, 2009 in the principal amount of $3,725,000; and WHEREAS, the financial advisor to the City has recommended that the 2009 Ordinance be supplemented to take advantage of the provisions of the American Recovery and Reinvestment Act of 2009; and WHEREAS, the Common Council of the City ("Council") now finds that it is necessary to amend and restate the projects authorized under the 2009 Ordinance to included the design and the construction of those improvements and extensions described on Exhibit A-1 attached hereto ("Project"), for which preliminary plans and specifications have been or will be approved by the Council and by all governmental authorities having jurisdiction, including, particularly, the Indiana Department of Environmental Management; and WHEREAS, for purposes of this ordinance and the 2009 Ordinance, the projects set forth on Exhibit A-1 shall be collectively referred to as the "Project;" and I/2504292.2 WHEREAS, the Council has been advised the cost of the Project is an amount not to exceed $68,250,000 and that it is necessary to amend the 2009 Ordinance to authorize the revised cost of the Project and the financing thereof; and WHEREAS, the Council has determined to adopt an ordinance to amend and supplement the 2009 Ordinance to allow the City to take advantage of the American Recovery Reinvestment Act of 2009, to approve the revisions to the Project, the cost of the Project and the maximum amount that may be financed under the 2009 Ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF JEFFERSONVILLE, INDIANA, THAT: Section 1. Section 1 of the 2009 Ordinance is hereby amended to increase the cost of construction of the Project to an amount not to exceed $68,250,000, plus investment earnings on the bond and BAN proceeds. Section 2. (a) Section 2(a), first paragraph, second sentence, the 2009 Ordinance is amended as follows: "The City shall issue its BANS, in one or more series, in an amount not to exceed Sixty-eight Million Two Hundred Fifty Thousand Dollars ($68,250,000) to be designated "[Taxable] Sewage Works Bond Anticipation Notes, Series " (to be completed with the appropriate series designation." (b) The first sentence of Section 2(b) of the 2009 Ordinance is amended as follows: "The City shall issue (i) its sewage works revenue bonds, in one or more series, to be designated as "Sewage Works Revenue Bonds of " (to be completed with the year in which the bonds are issued and the appropriate series designation, if any) ("Project Bonds"), in an aggregate principal amount not to exceed$68,250,000 for the purpose of procuring funds to be applied on the cost of the Project, the payment of costs of issuance, refunding the BANS, if issued, and all other costs related to the Project, including premiums for municipal bond insurance and a debt service reserve surety; and (ii) its Sewage Works Refunding " to be com leted with the ear in which the Revenue Bonds of ( p Y bonds are issued and the appropriate series designation, if any) ("Refunding -2- I/2504292.2 Bonds"), in an aggregate principal amount not to exceed $4,075,000 for the purpose of currently refunding the 1998 Bonds, if economically advantageous, the payment of costs of issuance and all other costs related to the refunding, including premiums for municipal bond insurance and a debt service reserve surety. The Project Bonds and the Refunding Bonds are collectively referred to as the "Bonds." If it is economically advantageous for the City to refund the 1998 Bonds and the Refunding Bonds are issued, the City shall apply moneys currently held for the payment of debt service on the 1998 Bonds to the refunding as provided herein." Section 3. The following provisions shall be added to the 2009 Ordinance: (a) The American Recovery and Reinvestment Act of 2009 ("Recovery Act") authorizes the City to designate all or a portion of the Bonds as Build America Bonds ("Build America Bonds"). The City may elect to issue all or a portion of the Bonds as Build America Bonds pursuant to the Recovery Act. (b) If any series of Bonds are issued as Build America Bonds, any premium included in the price of any Bond shall not exceed the premium permitted by the Recovery Act. (c) If any series of Bonds are issued as Build America Bonds, the Mayor is hereby authorized to make the irrevocable election required under Section 54AA(d) or (g) of the Recovery Act and the Clerk-Treasurer is hereby authorized to attest such election. The Mayor and the Clerk-Treasurer are hereby authorized to execute and deliver all agreements, certificates or other documents required to comply with the Recovery Act. Such election or agreement shall be deemed a part of this ordinance for all purposes and are hereby incorporated herein by reference. (d) If all or a portion of the Bonds are issued as Build America Bonds and, pursuant to the Recovery Act, the City elects to receive the direct payment from the federal government equal to thirty-five percent (35%) of the interest payable on each interest payment date ("Federal Cash Payment"), and each Federal Cash Payment shall be treated as revenues of the sewage -3- I/2504292.2 works, immediately deposited into the Bond and Interest Account of the Sewage Works Sinking Fund and used to pay debt service due on the Bonds. (e) If any series of Bonds are issued as Build America Bonds, the City hereby covenants to comply with all additional tax requirements of the Recovery Act as set forth in the tax certificates of the City. (f) If any series of Bonds are issued as Build America Bonds, the following provision shall be added to Section 19(b) of the 2009 Ordinance: For purposes of this Section 19(b), Federal Cash Payments shall be calculated and applied (i) in an amount not to exceed the amount thereof projected to be received in the same bond year ending coterminous with the bond year ending with such maximum annual interest and principal requirements of the then outstanding bonds and the additional bonds proposed to be issued and (ii) solely for the term in which the Federal Cash Payment applies. Section 4. All provisions of the 2009 Ordinance not amended by the adoption of this ordinance shall remain in full force and effect. The Council hereby finds that the adoption of this ordinance does not adversely affect the owners of the 2009 Bonds. Section 5. This ordinance shall be in full force and effect from and after its passage and approval by the Mayor. -4- I/2504292.2 Passed and adopted by the Common Council of the City of Jeffersonville, Indiana this ~~ day of V , 2010. COMMON COUNCIL r~y~~iuiii~ v i~Cr Attest: /J f (n,~-) ~ Cler urer X Presented by me to the Mayor of the City of Jeffersonville this /~ ~~ da of Y .~, 2010 at ~: ~~ I° .m. Clerk- surer Signed and approved by me, the Mayor of the City of Jeffersonville, this ~~ day of C~.~~ tom, 2010 at g :'~ (~ I .m. r -s- I/2504292.2 EXHIBIT A-1 PROJECT DESCRIPTION Millcreek PS replacement, Influent sewer Site acquisition for LTCP structures Annexation Area sewers Hamburg Pike rehabilitation Land acquisition for north WWTP TSPS 24" Ohio Avenue CSP diversion Walnut Street CSO Rep., Phase 2- Construction Miscellaneous collection system improvements Final clarifier #6 @ Downtown WWTP- Design Expand TSPS capacity- Design Preservation park and RR detention basin- Design Spring St., Crums Ln. Pump Station Replacement Pleasant Run PS & Liter's PS & FM- Design North WWTP (3.0 MGD)- Design Millcreek outfall Expand TSPS to 50 MGD, install grit removal facility Downtown Treatment Plant Expansion, add final clarifier #6 Construct Lentzier Creek PS (LCPS), Interceptor & FM Divert Utica PS FM to LCPS Pleasant Run PS & Liter's PS & FM- Construction North WWTP (3.0 MGD)- Construction Replace CSO outfall sewer on Walnut St w/60-in HPDE pipe Install new stormwater inlets on corners of Market and Walnut Streets Replacement of outfall sewer on Wall Street Televise four (4) of the remaining CSO outfall sewers Completion of sewer rehabilitation projects to prevent structural failure and eliminate inflow and infiltration into the sewer system Construction of gravity interceptor from the Crums 1 pump station to existing Veterans pump station Replacement of Spring Street pump station including elimination of 2 existing force mains and replacement with new force main and adding chemical feed facilities and new flow metering equipment. New interceptor from Veterans Pkwy to Spring Street pumps station Addition of a third pump in the Veterans pump station. I/2504292.2