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2015-304ORDINANCE NO. 2015 -304 AN ORDINANCE OF THE CITY OF DENTON, TEXAS TO DECLARE THE INTENT TO REIMBURSE CAPITAL PROGRAM EXPENDITURES OF THE ELECTRIC UTILITY ($57,850,000), SOLID WASTE ($9,280,000), AND GENERAL GOVERNMENT ($27,980,000) WITH TAX - PREFERRED OBLIGATIONS (CERTIFICATES OF OBLIGATION AND GENERAL OBLIGATION BONDS) WITH AN AGGREGATE MAXIMUM PRINCIPAL AMOUNT EQUAL TO $95,110,000; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton (the "Issuer ") is a municipal corporation/political subdivision of the State of Texas; and WHEREAS, the Issuer expects to pay, or have paid on its behalf, expenditures in connection with the ongoing capital expansion of the Electric Utility distribution and transmission facilities approved as part of the FY 2015 -16 Capital Improvement Program Budget and described in Attachment 1 hereto (the "Electric Utility Projects ") prior to the issuance of Certificates of Obligation for which a prior expression of intent to finance or refinance is required by Federal or state law to finance the Electric Utility Projects; and WHEREAS, the Issuer expects to pay, or have paid on its behalf, expenditures in connection with the ongoing capital expansion of the Solid Waste refuse and recycling activities approved as part of the FY 2015 -16 Capital Improvement Program Budget and described in Attachment 2 hereto (the "Solid Waste Projects ") prior to the issuance of Certificates of Obligation for which a prior expression of intent to finance or refinance is required by Federal or state law to finance the Solid Waste Projects; and WHEREAS, the Issuer expects to pay, or have paid on its behalf, expenditures in connection with the ongoing capital expansion of the General Government projects approved as part of the FY 2015 -16 Capital Improvement Program Budget and described in Attachment 3 hereto (the "General Government Projects" and, together with the Electric Utility Projects, the Solid Waste Projects, the "Projects ") prior to the issuance of Certificates of Obligation and General Obligation Bonds for which a prior expression of intent to finance or refinance is required by Federal or state law to finance the General Government Projects; 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 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 tax - exempt obligations, tax - credit obligations and /or obligations for which a prior expression of intent to finance or refinance is required by Federal or state law (collectively and individually, the "Tax- Preferred Obligations "), with an aggregate maximum principal amount equal to $95,110,000 for purpose of paying the costs of the Projects. SECTION 2. All costs to be reimbursed pursuant hereto will be capital expenditures. No Tax - Preferred 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. SECTION 3. The foregoing notwithstanding, no Tax - Preferred 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 foregoing Sections 2 and 3 notwithstanding, all costs to be reimbursed with qualified tax credit obligations shall not be paid prior to the date hereof and no tax credit obligations shall be issued after 18 months of the date the original expenditure is made. SECTION 5. This Ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the ... _ day of , 2015. ............... (11-11'[S WATTS, MAYOR �. ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: ��. ��° �.. ................. APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY oe -e' Attachment 1 DENTON MUNICIPAL ELECTRIC FY 2015 -16 REIMBURSEMENT ORDINANCE PROJECTED CAPITAL EXPENDITRES Project Categories 2015 -16 Approved CIP Automated Meter Reading $ 1,730,698 Major Substation Expenses Pockrus Substation 2,865,000 Mckinney Substation Long Road Substation 1,840,000 King's Row Substation 2,070,000 Locust Substation 7,520,000 Arco Substation 4,890,000 Hickory Substation 4,110,000 North Spencer Substation 12,800,000 Woodrow Substation 2,790,000 North Lakes Substation 900,000 Teasley Substation 1,550,000 RD Wells Interchange 1,710,000 Underwood Substation 350,000 Denton North Interchange 3. „280,000 Eagle Substation 1,730,000 TMPA Spencer Interchange 450,000 Masch Branch Switching Station 280,000 Mayhill Substation 1,200,000 Other Misc, Substation Expenses 1,169,000 Total Major Substation Planned Expenses $ 51,504,000 Major Transmission Line Expense Woodrow - King's Row 69kV TL 880,000 King's Row - Denton North 69kV TL 860,000 Hickory - Locust 69kV TL 5,460,000 Teasley - Pockrus TL Reconstruction 450,000 Hickory - Bonnie Brae TL Upgrade 220,000 Denton - North Lakes TL 1,700,000 Spencer Switch - Locust 69kV TL 600,000 Bonnie Brae - North Lakes 69kV TL 1,220,000 Pokrus - Mayhill - Spencer 138kC TL 3,140,000 North Spencer - Loop 288 138kV 1,024,000 North Spencer Connection 138kV TL 690,000 TL Additions to Support Arco Sub Recon 725,000 Various Other Transmission Line Expenses 1,460,000 Total Transmission Line Planned Expenses $ 18,4 9,000 Distribution Feeders & Extensions $ 18,753,308 New Residential & Commercial $ 5,814,304 Distribution Transformers $ 2,827,285 Bldg Upgrades & Improvements $ 1,326,166 Other* $ 4,939,695 TOTAL $ 105,324,456 * Includes Vehicles and other revenue funded projects Attachment 2 CITY OF DENTON SOLID WASTE & RECYCLING FY 2015 - 2016 Reimbursement Ordinance Projects R Refuse / Recycling Carts $ 75,000 R Auto Side Load $ 285,580 R Auto Side Load $ 285,580 R Auto Side Load $ 316,940 R Rear Load $ 271,360 C Front -Load $ 281,220 C Front -Load $ 281,220 C Front -Load $ 341,320 C Roll -Off $ 222,600 Containers & Collections Trucks $ 2,745,820 P Skid Steer Loader with Implements $ 100,000 P Wheel Loader with Bucket $ 250,000 P Articulated Water Wagon $ 640,000 P Articulated Dump Truck $ 565,000 P Mechanical Sweeper $ 150,000 P SW Equipment, Wheels, Tires, Tarping $ 300,000 CT Facility Slope Mower $ 100,000 P SW & Environmental Engineering Services $ 150,000 P Permit Amendment Support Services $ 250,000 P Legal Services $ 150,000 P Process Upgrades & Technology Improvements $ 400,000 P Litter Control & Facility Improvements $ 600,000 P ELR Liquid Delivery System $ 250,000 P Waste Diversion Facility Operations $ 450,000 P Security & Associated Improvements $ 675,000 P Water Line Relocation & Other Utility Infrastructure $ 250,000 CT Capital Improvement Labor $ 254,180 CT MSW Processing Equipment - Mining $ 1,000,000 Disposal, Processing & Construction Services $ 6,534,180 FY 2016 - Reimbursement Ordinance $ 9,280,000 Attachment 3 CATEGORY 2015 -16 2016 -17 2017 -18 2018 -19 2019 -20 TOTAL 2012 Bond Election - Streets & Public Art 4,400 .................. 4,006 - - - 8,400 2014 Bond Election (Proposition 1) - Streets 41150 10,000 13,290 9,840 15,290 52,570 2014 Bond Election (Proposition 2) - Public Safety 3,200 3,495 6,665 - 325 13,685 2014 Bond Election (Proposition 3) - Drainage 600 2,585 705 - 3,890 2014 Bond Election (Proposition 4) - Parks 21005 1,265 4,085 1,825 9,180 General Obligation Bonds 14,355 17,495 23,805 14,630 17,440 87,725 Airport- West Side Runway - 1,200 - - - 1,200 Fleet - Vehicle /Equipment Replacements 2,970 3,600 2,700 3,400 3,000 15,670 Transportation - North Texas Blvd Improvements 330 - - - - 330 Facility Maintenance Program" 1,420 1,175 1,500 1,500 1,500 7,095 Parking Improvements - Exposition Parking Lot 405 - - - - 405 Matching Funds for Road Improvements 8,500 - - - - 8,500 Certificates of Obligation 13,625 5,975 4,200 4,900 4,500 33,200 Airport Fund - Infrastructure Improvements 600 - 600 Technology Service Fund - Software and Equipment 647 647 Fleet Fund - Improvements and Land Acquisition 275 275 Streets Fund - Vehicle /Equipment Additions 258 258 Park Funds - Land Acquisiiion, Amenities and Improvement: 2,550 2,550 General Fund - Vehicle /Equipment Replacements 500 750 750 750 2,750 General Fund - Bike Lanes 200 200 200 200 200 1,000 Revenue Funded 4,530 700 950 950 950 8,080 GRAND TOTAL $32,510 $ 24,170 $ 28,955 $ 20,480 $ 22,890 $ 129,005 Revenue Funded $ 4,530 General Obligation Bonds 14,355 Certificates of Obligation 13,625 GRAND TOTAL $ 32,510 Planned Bond Sale 27,980 *Does not include funds available from prior year sales. ** Facility Maintenance Program is for HVAC, Flooring, Roof Replacements and Facility Improvements.