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21-2027ORDINANCE NO. 21-2027 AN ORDINANCE OF THE CITY OF DENTON TO DECLARE THE INTENT TO REIMBURSE CAPITAL PROGRAM EXPENDITURES OF THE ELECTRIC UTILITY ($52,904,557), SOLID WASTE ($2,533,367), WATER ($34,491,460), WASTEWATER ($44,212,652), AND GENERAL GOVERNMENT ($66,750,452) WITH TAX -PREFERRED OBLIGATIONS (CERTIFICATES OF OBLIGATION AND GENERAL OBLIGATION BONDS) WITH AN AGGREGATE MAXIMUM PRINCIPAL AMOUNT NOT TO EXCEED $200,892,488; 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 General Government and Electric, Solid Waste, Water, and Wastewater utility projects approved as part of the FY 2021-22 Capital Improvement Program Budget and described on Exhibit "A" hereto (collectively, the "Projects") prior to the issuance of Certificates of Obligation and General Obligation Bonds which are 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 to finance the 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 $200,892,488 for the purpose of paying the costs of the Projects as described in Exhibit "A" attached hereto and incorporated by reference herein for all purposes. 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 (i) the date the expenditures are paid or (ii) 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. The motion to approve this ordinance was made by -:5'e5 &Z �V + S and seconded by V t C IP— 'J� 4,C d . The ordinance was passed and approved by the following vote [Z - 6 1: Afire Nay Abstain Absent Gerard Hudspeth, Mayor: %L Vicki Byrd, District 1: �L Brian Beck, District 2: Jesse Davis, District 3: ./ Alison Maguire, District 4: Deb Armintor, At Large Place 5: ✓/ Paul Meltzer, At Large Place 6: PASSED AND APPROVED this the 12th day of October, 2021. ATTEST: ROSA RIOS, CITY SECRETARY APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY Digitally signed by Mack Reinwand (_ �ti -(4-J Date: 2021.10.04 BY: 17:22:51 -05'00' GERARD HUDMVETH, MAYOR Exhibit "A" CAPITAL IMPROVEMENT PROJECT LISTING - DETAILED SERIES 2022 - Reimbursement Ordinance As of October 12, 2021 FY 21.22 DEBT FUNDED PROJECTS Term CI Budget GENERAL OBLIGATION PROJECTS: Street Reconstruction 20 $9,993,139 Bonnie Brae 20 7,500,000 Hickory Creek 20 17,149,000 Sidewalks 20 2,000,000 SUBTOTAL -Street Improvements (PROPOSITION 1} 2019 Bond Election $36,642,139 Public Safety Facilities 20 17,900,000 SUBTOTAL- Facilities (PROPOSITION 2) 2019 Bond Election $17,900,000 TOTAL GOs - GENERAL GOVERNMENT $54,542,139 CERTIFICATES OF OBLIGATION PROJECTS: Fleet Building Expansion 20 $4,300,000 Internal Service $4,300,000 Vehicle Replacements 5 $4,253,500 Fire Station 9 10 $750,000 Facilities Maintenance Program 10 $1,802,993 Generator Evaluation and Generators 10 $447,020 Security Door Mechanics and Security System 10 $654,800 General Government $7,908,313 TOTAL COs - GENERAL GOVERNMENT $12,208,313 Water Impry and Maint to augment 2019 Prop 1 Street Projects 20 $ 4,095,338 TXDOT 135N Relocations 20 $ 4,000,000 LCR Compliance -Unknown Impacts 20 $ 1,000,000 Bonnie Brae Phase 3 20 $ 800,000 Morse Street Reconstruction 20 $ 655,877 North South Water Main Phase 2 20 $ 470,033 FM 1515 TXDOT 16" Waterline Relocation 20 $ 225,000 Westgate Road and Drainage 20 $ 210,000 Oversize Waterlines 20 $ 200,000 Northwest Transmission Lines & BPS 20 $ 14,900,000 Regulatory Performance Upgrades 20 $ 11,000,000 LLWTP Raw Water Transmission Line 20 $ 500,000 LLWTP Sludge Valves 20 $ 200,000 Aid in Construction and Impact Fees $ {3,765,788( Water: $ 34,491,460 CAPITAL IMPROVEMENT PROJECT LISTING - DETAILED SERIES 2022 - Reimbursement Ordinance As of October 12, 2021 FY 21-22 DEBT FUNDED PROJECTS Term CIP Budget Milam Creek Basin Wastewater Line and Lift Station 20 $ 4,000,000 HICKORY CREEK INTERCEPTOR HI 20 $ 4,000,000 Annual Field Service Replacements 20 $ 2,684,077 Wastewater Imprv/Maint to augment 2019 Prop 1 Street Projects 20 $ 2,173,911 Bonnie Brae Phase 3 20 $ 1.,500,000 Robson Ranch Wastewater Interceptor 20 $ 1,000,000 Hickory Creek Dry Fork Interceptor 20 $ 900,000 Windsor5ewer 20 $ 750,000 Windsor Interceptor 20 $ 739,600 Hickory Creek Interceptor IV 20 $ 510,000 Davis Sewer 20 $ 441,441 Barrow Sewer -Westgate Crossing 20 $ 366,000 WW SERVICE LINES 20 $ 307,661 ASSET MANAGEMENT PROGRAM 20 $ 265,225 Oversize WasteWater Lines 20 $ 200,OOD WW Creek Crossings 20 $ 100,000 Dry Fork Sanitary Sewer 20 $ 95,000 Hickory Creek Interceptor 1 & 2 20 $ 87,737 Westgate Road and Drainage 20 $ 19,000 Solids Handling improvements 20 $ 14,000,000 Hunter Cole- Hi ckory Creek WWTP Land Acquisition 20 $ 5,$00,000 PCWRP Headworks Reconfiguration 20 $ 1,500,000 Lift Station Replacement 20 $ 1,000,000 Hickory Creek ForcemainCondition Assessment 20 $ 750,000 Cooper Creek Bar Screen 20 $ 500,000 Hickory Creek Lift Station Design 20 $ 250,000 State School Interceptor @ PCWRP 20 $ 250,000 Grissom Lift Station 20 $ 200,000 Plant Improvements 20 $ 80,000 Electrical Transformer Replacements 20 $ 50,000 Concrete Improvement 20 $ 25,000 Aid in Construction and Impact Fees $ (332,000) Wastewater: $ 44,212,652 Parking Lot Maintenance/Sealing 20 $ 150,000.00 Scalehouse Updates 20 $ 1,000,000.00 Truck Wash 20 $ 400,000.00 Fleet Facility 20 $ 500,000.00 Roof: 651 Mayhill 5 $ 408,000.00 Roof: Solid Waste Admin 5 $ 75,367.00 Solid waste: $2,533,367 Automated Meter Reading 30 1,069,557 Distribution Substation Cost 30 3,550,000 Distribution Transformers 30 2,000,000 Total Feeders & Extensions 30 12,050,000 Miscellaneous - CIS Enterprise System 30 1,500,000 Total Residential & Commercial 30 4,000,000 Total Over to Under Conversions 30 1,000,000 Total Power Factor I mprovement 30 785,000 Street Lighting 30 2,000:000 Electric Relocations 30 4,800 000 Transmission Lines Cost 30 6,700,000 Transmission Substation Total 30 13,450,000 DME: 52,904,557 TOTALCOs $146,350,349 GRAND TOTAL $200,892,488