| Old Bridge Township Council
Agenda Meeting
May 1, 2000
An Agenda Meeting of the Township Council of the Township of Old Bridge was held in the Municipal Complex on May 1, 2000. The meeting was called to order 8:08 p.m. by President Maher who invited all in attendance to participate in a salute to the flag, which was followed by a short prayer.
Clerk, Rose-Marie Saracino announced that this meeting was being held in conformance with the Open Public Meetings Act and was published in the newspaper. Roll call by Clerk Saracino showed the following answering present: Councilmen Greene, Hoff, Redmond, Sohor, Testino, and President Maher. Councilman Butler arrived late. Councilman Cucchiara and Councilwoman Marinaccio were absent. Moment of Silence
President Maher asked for a moment of silence for Victor Marinaccio, husband of Councilwoman Marinaccio, who has passed away.
APPROVAL OF MINUTES
Regular Meeting - March 27, 2000 Pro forma.
HEARING
H-1 Release/Reduction Performance Guarantee - Most Holy Redeemer Church
President Maher: We are going to deviate from our agenda and hear this hearing because Nelson has an appointment he needs to keep. Bill, there are some Council members that will not vote on this, is there anyway that we can dispose of this or do we need more votes?
Attorney Ruggierio: Conduct the hearing and then you can vote at the next meeting. Has the Engineer made his report a matter of record?
Mr. Iglesias: Yes.
Attorney Ruggierio: Are there any issues that need to be dealt with?
Mr. Iglesias: No.
Attorney Ruggierio: You can carry it until the Regular meeting and vote at that time.
Councilman Redmond: We only need one more vote.
Councilman Testino: Reggie will be here at 9:30.
President Maher: Ok let's hear Nelson's report.
Mr. Iglesias: Most Holy Redeemer has requested a release, there is a report from me dated April 19, 2000. The bond is $23,000.00, 10% cash = $2,596.00 for a total of $25,968.00. We recommend release subject to a maintenance bond of 15% = $3,895.00. The site is complete and I know of no problems and we have not received any complaints.
President Maher opened the public portion. Seeing no hands President Maher closed the public portion
H-2 Appeal Zoning Board of Adjustment Decision - Fisher Bros./Lowe's Home Improvement (Deadline to hear appeal 5/13/00)
President Maher: Nelson, do you have anything on this.
Mr. Iglesias: I discussed this with Sam and we were both present at the meetings. The only thing that I can say is that the developer accepted all of our recommendations; and they were stringent. I understand that they have reached an agreement and the appeal is dropped.
ORDINANCE FOR SECOND READING
#11-00 Denying Cable T.V. Franchise
No discussion.
#22-00 An Ordinance Amending Section 5-9 of the Code of The Township of Old Bridge Relating to Permits for Holiday Sales of Flowers & Plants
No discussion.
DISCUSSION ORDINANCE
DO-1 Ordinance Amending 12-15 and 12-16 Fire Prevention (WSR)
Councilman Testino: I thought that Mr. Greene had asked that we have the old ordinance with this, so that we know what we are amending.
Attorney Ruggierio: I think it is just an update on the fees.
Councilman Testino: Mr. Greene would like to see what is being changed and I agree with him. I would like the fee schedule so that I can see what the difference is.
President Maher: Can we hold off on this then?
Attorney Ruggierio: Councilman Cucchiara stopped by my office last week and indicated that there were going to be people from the fire districts coming down.
Councilman Testino: I don't want this held off, I just want to know what the changes are.
CONSENT AGENDA
C-1 Parade - Laurence Harbor Memorial Day Parade - Monday, May 29, 2000
Pro forma.
DISCUSSION RESOLUTION
DR-1 Release of Performance Guarantee Samra Office Building Project is Not Going To Be Presently Built. (WSR)
Councilman Redmond: I thought they put up a bond to guarantee that they were going to build this?
Attorney Ruggierio: No, they put up the bond to guarantee that they will do the improvements that was required by the approval. I want to check a few things before this gets processed; I will have it done by Monday.
Councilman Redmond: Is this standard procedure?
Attorney Ruggierio: No, must people intend to build the structure, the only thing that I want to protect is that there is no problem in the future with them pulling the wool over some construction official’s eyes.
DR-2 Resolution Authorizing Cancellation of Property Tax Lien Block 14034, Lot 47 Certificate #94121 (CS)
Councilman Greene: Why does the resolution read Elliot Loeb/Roth IRA ?
Mr. Shah: Elliot Loeb has his investments in an IRA account.
Councilman Greene: So you can strike it off in favor of an account. Can you do that, as opposed to an individual?
Mr. Shah: Yes.
DR-3 Old Bridge Township Raceway Park - Fireworks Display Wednesday, June 7th; Wednesday, July 12th; Wednesday, August 9th and Saturday, Sept. 16, 2000
No discussion.
DR-4 Resolution requesting The New Jersey Highway Authority to Compensate Affected Municipalities for Loss of Tax Ratable. (ET)
Councilman Testino: The objective of this is to get the highway authority to revisit looking at the Laurence Parkway bridge and connecting exchanges. Perhaps, at some point Nelson or Alayne can contact the County and see if they are willing to contribute to such a project.
President Maher: Is this resolution modeled after the resolution that we received from Bloomfield?
Ms. Shepler: That is what is in your packet.
Councilman Testino: I thought that Bill was going to model it more to what I am taking about. Old Bridge specific.
Attorney Ruggierio: I will do that before Monday.
President Maher: Do you want to move this up without seeing the resolution?
Councilman Testino: I am sure that Bill can handle the crafting. The point is that we are a host community and we are burdened by this interchange as much as we are helped by it. Our citizens are certainly feeling the pressure because of the traffic and I think that we owe it to them to have it improved.
DR-5 Resolution SFY 1999 Budget Transfers in the Amount of $861,219.00 Made Between the Current SFY 2000 Budget and $20,000.00 Between the Arena Utility Account Permitted During the Last Three Months of SFY 2000. (HS)
Clerk Saracino: This is the one that they submitted a revised resolution late this afternoon.
Councilman Testino: This is for salary adjustment, right?
Mr. Shah: You each have the backup. There is just one time that was removed from the list.
President Maher: Do we have copies of this?
Mr. Shah: Yes.
Clerk Saracino: It is in your mailbox.
DR-6 Authorize Interlocal Agreement with the Board of Education to Exchange Engineering Services for an Easement of Route 516 in Accordance with N.J.S.A. 40:8A-1 et seq.
President Maher: Is this for the adult school?
Ms. Shepler: Yes.
DR-7 Rescinding Resolution 176-00 and Adopting Memorialization of Remainder of Old Bridge Crossing Guard Association Contract
Councilman Redmond: What did the resolution that we are rescinding say?
Clerk Saracino: That was the one with the salaries, that set forth the date of the increases, which had already been done.
DR-8 Memorandum of Agreement Between Township of Old Bridge & Teamsters Local 469 - Non - Professional bargaining Unit July 1, 1999 through June 30, 2002 (MR)
No discussion.
DR-9 Memorialize CDBG Hearing of 4/24/00
Councilman Testino: Does need this before he sends the package in?
Clerk Saracino: Yes, he needs this.
Councilman Testino: I thought that it was due yesterday.
Councilman Redmond: Are we taking action on this tonight?
Clerk Saracino: We were not told that he needed this for tonight.
Ms. Shepler: We were not told that either.
President Maher: We will do it Monday.
DR-10 Supporting Bills S-1162 and A2308 banning hunting of Native Black Bears in N.J.
Mr. Badcock: These are two Senate bills that are pending that would prohibit the hunting of black bear that are native to New Jersey. I think that this is barbaric; they are hunting with not only rifles but bow and arrows and rifles. I could not sit by and let this go, I think that we have to voice our concern to the Governor and Legislators.
President Maher: Do we have copies of the bills?
Mr. Badcock: No.
President Maher: I want copies of them.
Councilman Testino: We need to see more back up on this. I am not in favor of deer hunting but I know that the herd is getting too big.
Mr. Badcock: This is not the way to do it. That is just my opinion. I don=t agree that killing animals is the way to do this, there are other ways to control the population. This is a native bear to New Jersey, I think that it is a crime to allow this small number of bears...20 years there were about 100 bears left and now the population is about 1,000. There are a number of groups that are behind this.
Councilman Hoff: There are a lot of newspaper reports that these bears have become a nuisance and a hazard.
Mr. Badcock: They are wild animals.
Councilman Hoff: I saw that they are now moving into neighborhoods.
Mr. Badcock: The only time that you see them in neighborhoods is when people put out food in wrong places.
Councilman Hoff: If they are a menace to homeowners and children on remote Northwest Jersey, maybe they should be limited in a more humane way.
Mr. Badcock: I don’t think that there is a menace to any population. I don’t think that there are any instances of them attacking people. I think that it is unconscionable that in this era that we are going to go out like a bunch of yahoos with bow and arrows and shoot innocent animals.
Councilman Hoff: Is there a danger by the over population?
Mr. Badcock: I have not seen danger other than those that are hit by cars. I just think that we need to look at alternate measures.
Councilman Redmond: One of the things that concerns me on bills like this is that with the amount of development that goes on in this State, the natural habitat gets destroyed before the bear does and then the bear starves to death. I am not a hunter nor am I a big proponent of hunting but I do not want to see any animal starve to death. If the population is such that there is not enough food for these animals, you might be putting the animal out of its misery by allowing hunting. I would like to know what the population of the bears.
Mr. Badcock: All the reports that I have read has said about 1,000.
Councilman Testino: I would like to wait until we get the additional information before we move on this.
President Maher: I would also like to see who the sponsors are. I would like to see if one of the sponsors are from Sussex County.
Mr. Badcock: The sponsor’s are Bateman for Somerset County and other is from Union County.
Councilman Greene: Generally the bills are accompanied by a memorandum of understanding by the author of the bills, I would also like to get that.
Mr. Badcock: There are public hearings scheduled.
President Maher: We will hold off on this until the administration can get us those things.
GUEST - MAY 1, 2000
Patrick Murray - Eagleton Institute
Patrick Murray: I am with the Eagleton Institute Center for Public Interests Polling, we have been doing this for 28 years. The bulk of our work is doing evaluations, needs assessment for local governments. Back in November of 1999 we conducted the library assessment and community evaluation. We interviewed over 1000 people; this included over 400 patrons as well as 600 members of the community through a mail survey that was a random sample. We found that Old Bridge library patrons tend to be representative of the different neighborhoods of the township itself. We also found that one in ten come from outside the township.
At this point Mr. Murray shows slides to the council, making the following comments:
Mr. Murray: The overall satisfaction of the library is high. 55% are very satisfied and 38% who are somewhat satisfied. More than 3/4 feel that the library’s collection is large enough to meet their needs. Some of the reasons that they gave were; staff, personal service, collections. One of the telling results is the high rating of the staff of both branches. We also asked for ideas for future activities and they were Notary Public available and Internet classes, also having library programs broadcast on cable access and a coffee house. We asked how important is was to have a location close to home more than half said it was not important. We asked if they were willing to pay a slight tax increase to have a branch close to home, more than 3/4 said no. There are some slight differences in region but overall it is not favored to build a branch.
President Maher: I see that the Madison Park residents are willing to pay $10 more in taxes for a new branch.
Mr. Murray: Madison Park residents are more likely to be renters then homeowners.
President Maher: They are not renters, in Madison Park.
Mr. Murray: In our survey, the homeowners were not willing to have an increase; on the bottom of the slide you can see the breakdown for homeowners and renters.
President Maher: Are you considering London Terrace and other ward three residences as Madison Park?
Mr. Murray: We used the census boundaries, not political boundaries.
Councilman Butler: The Madison Park zip code is 08859 and some of the apartments are 08859 that is probably why you say renters.
Councilman Redmond: Were there any questions in the survey about transportation to the library?
Mr. Murray: Almost all drive to the library, we asked if not having a car was a major issue for getting to the library, that did not come up high.
President Maher: Thank you for your presentation and for the almost 200 page booklet.
Councilman Greene: I am new on the council and I don=t believe that I have that 200 page booklet; I would like to see it. Also, it seems that the Laurence Harbor branch did better than the main branch.
Mr. Troike: The Laurence Harbor is a very different atmosphere than the main branch; it is smaller and more personal. We broke it out between the two branches because we wanted to see what they want down there.
Mr. Murray: They do not expect as much as the main branch.
Councilman Greene: Where do you go from here?
Mr. Troike: It is very nice to see the high satisfaction level. What is useful to us now is the results from the questions on what people feel is important.
Councilman Greene: Do you have a sense of that now?
Mr. Troike: One thing that has come up a number of times is the request for some sort of refreshments in the library, there seems to be a need for it. We may look into a coffee bar for the library.
Councilman Butler: Were you able to break it down to see if some segment of the township needs a library.
Mr. Murray: We did break it down and there was no segment that stated that they really needed a library. The only issue that we came up with was the Asian renters it was difficult for them to get to the library.
ACTION ITEMS - MAY 1, 2000
AI-1 Bond Sale - $7,000,000.00 General Obligation Bonds, Series 2000 (HS)
RESOLUTION #222
BE IT RESOLVED by the Township Council of the Township of Old Bridge, County of Middlesex, New Jersey that:
WHEREAS, pursuant to the Local Bond Law, Chapter 169 of the Laws of 1960 of the State of New Jersey, as amended and supplemented ("Local Bond Law"), the Township Council of Township of Old Bridge, County of Middlesex, New Jersey ("Township Council"), has, pursuant to numerous bond ordinances, each duly and finally adopted and published in accordance with the requirements of Local Bond Law ("Bond Ordinances"), authorized the issuance of general obligation bonds or bond anticipation notes of the Township of Old Bridge, County of Middlesex ("Township") to finance the costs of the capital improvements set forth in and authorized by the Bond Ordinances, all as more particularly described in Exhibit "A" attached hereto and made a part hereof; and
WHEREAS, the Township has heretofore issued its bond anticipation notes in the amount of $5,600,000 as set forth in Exhibit "A" ("Prior Notes") to finance a portion of the cost of the improvements authorized by the Bond Ordinances; and
WHEREAS, the Prior Notes mature on June 12, 2000; and
WHEREAS, the Township has not yet, as set forth in Exhibit "A", issued any of its obligations to finance the costs certain other of the improvements authorized by Bond Ordinances 97-08/20, 97-10, 97-30, 98-24, 98-37, 99-09 and 99-10 (collectively, the "New Improvements"); and
WHEREAS, it is the desire of the Township to issue its general obligation bonds in the aggregate principal amount of up to $7,000,000, as further described in Exhibit "A", the proceeds of which will be used to: (i) repay the principal of the Prior Notes at maturity; and (ii) pay the costs of the New Improvements (collectively, the "Project"); and
WHEREAS, pursuant to the Local Bond Law and the Bond Ordinances, it is the intent of the Township Council hereby to authorize, approve and direct the issuance and sale of such bonds, to ratify and confirm certain actions heretofore taken by or on behalf of the Township, and to make certain related determinations and authorizations in connection with such issuance and sale.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF OLD BRIDGE, COUNTY OF MIDDLESEX, NEW JERSEY, PURSUANT TO THE LOCAL BOND LAW, AS FOLLOWS:
Section 1. Pursuant to the Local Bond Law and the Bond Ordinances, the issuance and sale of negotiable general obligation bonds of the Township, to be designated substantially "Township of Old Bridge, County of Middlesex, New Jersey, General Obligation Bonds, Series 2000" ("Bonds"), in an aggregate principal amount of up to $7,000,000 for the Project, is hereby authorized and approved.
Section 2. The Bonds shall be dated the first day of the month in which closing occurs and shall mature on June 1 in the years and amounts set forth below:
|
Year |
Amount |
Year |
Amount |
|
2001 |
$300,000 |
2008 |
$600,000 |
|
2002 |
300,000 |
2009 |
600,000 |
|
2003 |
600,000 |
2010 |
600,000 |
|
2004 |
600,000 |
2011 |
600,000 |
|
2005 |
600,000 |
2012 |
600,000 |
|
2006 |
600,000 |
2013 |
400,000 |
|
2007 |
600,000 |
|
|
The term of the Bonds is equal to or less than the average period of usefulness of the Project being financed through the issuance of the Bonds. Interest on the Bonds shall be payable initially on December 1, 2000 and on June 1 and December 1 in each year thereafter until maturity or earlier redemption.
Section 3. The Bonds maturing on and after June 1, 2010 are subject to redemption prior to their stated maturity dates at the option of the Township, upon notice as set forth below, as a whole or in part (and, if in part, such maturities as the Township shall determine and within any such maturity by lot) on any date on and after June 1, 2009, at a redemption price equal to 100% of the principal amount of Bonds to be redeemed, plus accrued interest to the redemption date.
Section 4. Notice of redemption shall be given by mailing first class mail in a sealed envelope with postage pre-paid not less than thirty (30) days nor more than sixty (60) days prior to the redemption date to the owner of every Bond of which all or a portion is to be redeemed at his or her last address, if any, appearing on the registration books of the Paying Agent (hereinafter defined). So long as the Bonds are issued book-entry-only form, all notices of redemption will be sent only to the Securities Depository (hereinafter defined) and not be sent to the beneficial owners of the Bonds. Failure of an owner of the Bonds to receive such notice or of the Securities Depository to advise any participant or any failure of a participant to notify any beneficial owner of the Bonds shall not affect the validity of any proceedings for the redemption of Bonds. Such notice shall specify: (i) the series and maturity of the Bonds to be redeemed; (ii) the redemption date and the place or places where amounts that are due and payable upon such redemption will be payable; (iii) if less than all of the Bonds are to be redeemed, the letters and numbers or other distinguishing marks of the Bonds to be redeemed; (iv) in the case of a Bond to be redeemed in part only, the portion of the principal amount thereof to be redeemed; (v) that on the redemption date there shall become due and payable with respect to each Bond or portion thereof to be redeemed the redemption price; and (vi) that from and after the redemption date interest on such Bonds or portion thereof to be redeemed shall cease to accrue and be payable.
Section 5. The Bonds will be issued in fully registered form. One certificate shall be issued for the aggregate principal amount of Bonds maturing in each year. Both the principal of and interest on the Bonds will be payable in lawful money of the United States of America. Each certificate will be registered in the name of Cede & Co., as nominee of The Depository Trust Company, New York, New York ("DTC"), which will act as securities depository ("Securities Depository"). The certificates will be on deposit with DTC. DTC will be responsible for maintaining a book-entry system for recording the interests of its participants or the transfers of the interests among its participants. The participants will be responsible for maintaining records recording the beneficial ownership interests in the Bonds on behalf of individual purchasers. Individual purchases may be made in the principal amount of $5,000 through book-entries made on the books and the records of DTC and its participants. The principal of and interest on the Bonds will be paid to DTC by the Paying Agent on the respective maturity dates and due dates and will be credited on the respective maturity dates and due dates to the participants of DTC as listed on the records of DTC as of each next preceding May 15 and November 15 ("Record Dates" for the Bonds). The Bonds will be executed on behalf of the Township by the manual or facsimile signatures of the Mayor and Chief Financial Officer, attested by the Township Clerk or the Deputy Township Clerk (such execution shall constitute conclusive approval by the Township of the form of the Bonds), and shall bear the affixed, imprinted or reproduced seal of the Township thereon. The Bonds shall not be valid or obligatory for any purpose unless the Authentication Certification printed thereon shall be duly executed by an authorized officer of the Paying Agent.
Section 6. The Township is hereby authorized to make representations and warranties, to enter into agreements and to make all arrangements with DTC, as may be necessary in order to provide that the Bonds will be eligible for deposit with DTC and to satisfy any obligation undertaken in connection therewith.
Section 7. In the event that DTC may determine to discontinue providing its service with respect to the Bonds or is removed by the Township and if no successor Securities Depository is appointed, the Bonds which were previously issued in book-entry form shall be converted to Registered Bonds in denominations of $5,000, or any integral multiple thereof ("Registered Bonds"). The beneficial owner under the book-entry system, upon registration of the Bonds held in beneficial owner's name, will become the registered owner of the Registered Bonds. The Township shall be obligated to provide for the execution and delivery of the Registered Bonds in certified form.
Section 8. The appointment of Amboy National Bank, Old Bridge, New Jersey, as paying agent ("Paying Agent") for the Bonds, is hereby authorized, approved, ratified and confirmed. The Chief Financial Officer is hereby authorized to enter into an agreement with the Paying Agent for the services to be provided.
Section 9. The preparation of a preliminary official statement ("Preliminary Official Statement") relating to the Bonds, and the distribution of said Preliminary Official Statement to prospective purchasers of the Bonds and others having an interest therein, are hereby authorized and directed. The Mayor, Chief Financial Officer, Township Clerk and Deputy Township Clerk are each hereby authorized to deem the Preliminary Official Statement "final", as contemplated by paragraph (b)(1) of Rule 15c2-12 promulgated by the Securities and Exchange Commission pursuant to the Securities Exchange Act of 1934, as amended ("Rule 15c2-12").
Section 10. Pursuant to Section 34 of the Local Bond Law, N.J.S.A. 40A:2-34, the Chief Financial Officer is hereby authorized and directed to sell and award the Bonds at a public sale. The sale of the Bonds shall be in accordance with the provisions of Sections 27, 30 and 32 of the Local Bond Law, N.J.S.A. 40A:2-27, 30 and 32, and the advertised terms of such public sale. The Chief Financial Officer is hereby authorized and directed to cause a summary notice of sale and a notice of sale of the Bonds to be prepared and published in accordance with Sections 30 and 31 of the Local Bond Law, N.J.S.A. 40A:2-30 and 31. At the next meeting of the Township Council after the sale and award of the Bonds, the Chief Financial Officer shall report, in writing, to the Township Council the principal amount, the rate or rates of interest, the maturity dates, the dates upon which interest on the Bonds shall be paid, the price and the purchaser or purchasers of the Bonds.
Section 11. The preparation of a final official statement ("Official Statement") with respect to the Bonds is hereby authorized and directed. Within seven (7) business days of the sale of the Bonds and in sufficient time to accompany any confirmation that requests payment from a customer, the Township will deliver sufficient copies of the Official Statement to the purchaser of the Bonds in order for the same to comply with Paragraph (b)(4) of Rule 15c2-12. The Mayor, Chief Financial Officer, Township Clerk and Deputy Township Clerk are each hereby authorized to execute the Official Statement, and the distribution thereof to purchasers and others is hereby authorized and directed. The execution of the final Official Statement by the Mayor, Chief Financial Officer, Township Clerk or Deputy Township Clerk shall constitute conclusive evidence of approval by the Township of the changes therein from the Preliminary Official Statement. The Mayor, Chief Financial Officer, Township Clerk and Deputy Township Clerk are each hereby authorized to approve any amendments of or supplements to the Official Statement.
Section 12. The Bonds shall be general obligations of the Township. The full faith and credit of the Township are irrevocably pledged to the punctual payment of the principal of and interest on the Bonds and, to the extent payment is not otherwise provided, the Township shall levy ad valorem taxes on all taxable real property without limitation as to rate or amount for the payment thereof.
Section 13. In order to assist the underwriters of the Bonds in complying with the secondary market disclosure requirements of Rule 15c2-12, the Mayor, Chief Financial Officer, Township Clerk and Deputy Township Clerk are each hereby authorized to execute on behalf of the Township before the issuance of the Bonds an agreement with the Paying Agent, as dissemination agent, providing for the preparation and filing of the necessary reports in accordance with Rule 15c2-12.
Section 14. The Township hereby covenants that it will not make any use of the proceeds of the Bonds or do or suffer any other action that would cause: (i) the Bonds to be "arbitrage bonds" as such term is defined in Section 148(a) of the Internal Revenue Code of 1986, as amended ("Code") and the Income Tax Regulations promulgated thereunder; (ii) the interest on the Bonds to be included in the gross income of the owners thereof for federal income taxation purposes; or (iii) the interest on the Bonds to be treated as an item of tax preference under Section 57(a)(5) of the Code.
Section 15. The Township hereby covenants as follows: (i) it shall timely file such information report or reports as may be required by Sections 148(f) and 149(e) of the Code; and (ii) it shall take no action that would cause the Bonds to be "federally guaranteed" within the meaning of Section 149(b) of the Code.
Section 16. The Township hereby covenants that it shall make, or cause to be made, the rebate required by Section 148(f) of the Code in the manner described in Treasury Regulation Sections 1.148-1 through 1.148-11, 1.149(b)-1, 1.149(d)-1, 1.149(g)-1, 1.150-1 and 1.150-2, as such regulations and statutory provisions may be modified insofar as they apply to the Bonds.
Section 17. The Township hereby designates the Bonds as "qualified tax-exempt obligations" as defined in and for the purposes of Section 265(b)(3) of the Code. For purposes of this designation, the Township hereby represents that: (i) during the period from January 1, 2000 through and including the date hereof, the Township has not issued tax-exempt obligations in an amount which, when added to the aggregate principal amount of the Bonds, exceeds $10,000,000; (ii) during the period from January 1, 2000 through and including the date hereof, the Township has not designated as "qualified tax-exempt obligations" bonds or other tax-exempt obligations in an amount which, when added to the aggregate principal amount of the Bonds, exceeds $10,000,000; and (iii) it reasonably anticipates that the amount of tax-exempt obligations to be issued by the Township during the period from January 1, 2000 to December 31, 2000, and the amount of obligations designated as "qualified tax-exempt obligations" by it, will not exceed $10,000,000 when added to the aggregate principal amount of the Bonds.
For purposes of this Section 17, the following obligations are not taken into account in determining the aggregate principal amount of tax-exempt obligations issued by the Township: (i) a private activity bond as defined in Section 141 of the Code (other than a qualified 501(c)(3) bond, as defined in Section 145 of the Code); and (ii) any obligation issued to refund any other tax-exempt obligation (other than to advance refund within the meaning of Section 149(d)(5) of the Code) as provided in Section 265(b)(3)(c) of the Code.
Section 18. Applications to Moody's Investors Service and Fitch Investors Service, L.P. for a rating of the Bonds, and the furnishing of certain information concerning the Township and the Bonds, for the purpose of qualifying the Bonds for municipal bond insurance, are hereby authorized, ratified, confirmed and approved.
Section 19. All actions heretofore taken and documents prepared or executed by or on behalf of the Township by the Mayor, Chief Financial Officer, Township Clerk, Deputy Township Clerk, other Township officials or by the Township's professional advisors, in connection with the issuance and sale of the Bonds are hereby ratified, confirmed, approved and adopted.
Section 20. The Mayor, Chief Financial Officer, Township Clerk and Deputy Township Clerk are each hereby authorized to determine all matters and execute all documents and instruments in connection with the Bonds not determined or otherwise directed to be executed by the Local Bond Law, the Bond Ordinances, or by this or any subsequent resolution, and the signatures of the Mayor, Chief Financial Officer, Township Clerk or Deputy Township Clerk on such documents or instruments shall be conclusive as to such determinations.
Section 21. All other resolutions, or parts thereof, inconsistent herewith are hereby rescinded and repealed to the extent of any such inconsistency.
Section 22. This resolution shall take effect immediately upon adoption this 24th day of April, 2000.
AI-2 Award of Contract #00-08 - Pole Frame Food Bank Building in the sum of $73,567.00 (CERT. #890) (AFFIRM. ACT.) |