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2011-201s:Uegal\our documentslordinances1111reimbursement ordinance-solid waste.doc ORDINANCE NO. 2011-� AN ORDINANCE OF THE CITY OF DENTON, TEXAS TO DECLARE THE INTENT TO REIMBURSE EXPENDITURES FROM THE SOLID WASTE FUND WITH CERTIFICATES OF OBLIGATION WITH AN AGGREGATE MAXIMUM PRINCIPAL AMOUNT EQUAL TO $2,261,655 TO ALLOW THE SOLID WASTE DEPARTMENT TO PURCHASE AND ACQUIRE REFUSE AND RECYCLING VEHICLES AND 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 trucks to provide refuse and recycling vehicles and equipment for collection operations for the Solid Waste Department approved in the 2011-12 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 far 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 l. The Issuer reasonably expects to incur debt, as one or more series of obligations, with an aggregate maximum principal amount equal to $2,261,655 for the purpose of paying the costs of refuse and recycling vehicles and equipment for collection operations, as set forth in the attached Attachment "A", which is incorporated by reference 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 t�-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 Fund to purchase and acquire refuse and recycling vehicles and equipment, as set forth in Attachment "A", shall be reimbursed from the Certificate of Obligation proceeds within the 2011-12 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. 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. s:llegal\our documentslordinances\111reimbursement ordinance-solid waste.doc PASSED AND APPROVED this the �day of ��G��Q �� , 2011. ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY 1 �' By: Page 2 t 1 i MARK A. B� U S, �✓IAYOR � ATTACHMENT A SaLID WASTE VEHICLES AND EQUIPMENT FY 11-12 DIVISION VEHICLE & EQUIPMENT DESCRIPTION COST SW/Commercial Front Load Replacement $ 257,275 SW/Commercial Roll-Off Replacement 182,050 SW/Commercial FORD Truck,3/4T 28,200 SW/Residential Auto Side Load Replacement 262,865 SW/Residential Auto Side Load Replacement 262,865 SW/Residential Rear Load Replacement 212,530 SW/Recycling Auto Side Load Replacement 262,865 SW/Recycling Auto Side Load Replacement 262,865 SW/Recycling Auto Side Load Replacement 262,865 SW/Recycling Front Load Replacement 267,275 TOTAL $ 2,261,655