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2010-108sAour documents\ordinances\10\sw reimbursement ord-equipment.doc ORDINANCE NO. 2010-108 AN ORDINANCE OF THE CITY OF DENTON, TEXAS TO DECLARE THE INTENT TO REIMBURSE EXPENDITURES FROM THE SOLID WASTE RESERVE FUND WITH CERTIFICATES OF OBLIGATION WITH AN AGGREGATE MAXIMUM PRINCIPAL AMOUNT EQUAL TO $4,256,000 TO ALLOW THE SOLID WASTE DEPARTMENT TO PURCHASE AND ACQUIRE REFUSE AND RECYCLING EQUIPMENT IN ORDER TO CONTINUE PROVIDING SOLID WASTE REFUSE AND RECYCLING COLLECTION OPERATIONS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton (the "Issuer") is a municipal corporation and political subdivision of the State of Texas; and WHEREAS, the issuer expects to pay expenditures in connection with the acquisition of refuse and recycling equipment for collection operations for the Solid Waste Department approved in the 2009-10 Adopted Budget, and which are more particularly described in Attachment "A"; and WHEREAS, the Issuer finds, considers, and declares that the reimbursement of the Issuer for the payment of such expenditures will be appropriate and consistent with the lawful objectives of the Issuer and, as such, chooses to declare its intention, in accordance with the provisions of Section 1.150-2 Treasury Regulations, to reimburse itself for such payments at such time as it issues the obligations to finance the Projects; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The Issuer reasonably expects to incur debt, as one or more series of obligations, with an aggregate maximum principal amount equal to $4,256,000 for the purpose of paying the costs of the refuse and recycling equipment for collection operations, as set forth in the Attachment "A", which is incorporated by reference herein and made a part of this Ordinance for all purposes. SECTION 2. All costs to be reimbursed pursuant hereto will be capital expenditures of the Solid Waste Department. No tax-exempt obligations will be issued by the Issuer in furtherance of this Ordinance after a date which is later than 18 months after the later of (1) the date the expenditures are paid or (2) the date on which the property, with respect to which such expenditures were made, is placed in service. All amounts expended from the Solid Waste Reserve Fund for equipment set forth in Attachment "A" to pay costs of the equipment, shall be reimbursed from the Certificate of Obligation proceeds within the 2009-10 fiscal year. SECTION 3. The foregoing notwithstanding, no tax-exempt obligation will be issued pursuant to this Ordinance more than three years after the date any expenditure which is to be reimbursed is paid. sAour documents\ordinances\10\sw reimbursement ord- SECTION 4. The findings set forth in the preamble of this Ordinance are incorporated by reference into the body of this Ordinance as if fully set forth herein. This Ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of )2010. l MARK A. BURROUG AS, 7 ATTEST: JENNIFER WALTERS, CITY SECRETARY By: ~ APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY By: f k Page 2 of 2 ter` ATTACHMENT A Solid Waste Capital Improvement Expenditures Description Amount Comm-Container-Equipment-Maintenance 245,000 Ground Water Wells 110,000 Home Chemical Building Improvements 65,000 Integrated Waste Management System 1,100,000 Landfill Expansion 600,000 Landfill Improvements 100,000 Landfill Security Fence / Wall 650,000 Landfill Software Upgrades 50,000 Leachate Recirculation 70,000 LFG Line Construction 50,000 Mechanical Processing Equipment 450,000 Recycling Carts Replacements 100,000 Recycling Commercial Containers 105,000 Recycling Facility Upgrades 16,000 Res-Container-Equipment-Assembly 115,000 Security - Buildings & Parking Lots 40,000 Solid Waste Equipment 100,000 SW Equipment & Tire Wash 150,000 SW Management Planning 90,000 Waste to Energy Pilot 50,000 Total 4,256,000