Loading...
22-1924ORDiNANCE NO. 22- 22-1924 AN ORDINANCE OF THE CITY OF DENTON TO DECLARE THE INTENT TOREIMBURSE CAPITAL PROGRAM EXPENDITURES OF THE ELECTRIC UTILITY ($72,961,641), SOLID WASTE UTILITY ($16,000,000), WASTEWATER UTILITY($41,198,000), WATER UTILITY ($36,188,000), AND GENERAL GOVERNMENT($72,305,000) WITH TAX-PREFERRED OBLIGATIONS (CERTIFICATES OF OBLIGATION AND GENERAL OBLIGATION BONDS) WITH AN AGGREGATE MAXIMUM PRINCIPALAMOUNT NOT TO EXCEED $238,652,641; 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, SolidWaste, Water, and Wastewater utility projects approved as part of the FY 2022-23 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 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 atsuch time as it issues the obligations to finance tha Projects; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings set forth in the above preamble to this Ordinance are true and correct and are hereby adopted. SECTION 2. The Issuer reasonably expects to incur debt, as one or more series of tax- exempt obligations, tax-credit obligations 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 $238,652,641 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 3. 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 4. 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 5. 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 in furtherance of this ordinance after 18 months of the date the original expenditure is made. SECTION 6. This Ordinance shall become effective immediately upon its passage and approval. „,,„d,T:,"“i'" RTF==k;:dj:""””"”!'TE„dU::=„UgC:f,,r,::I by the following vote a - A : @ @ Abstain Absent Gerard Hudspeth, Mayor:IZ t/ \/r b/ b/ J Vicki Byrd, District 1 : Brian Beck, District 2 : Jesse Davis, District 3 : Alison Maguire, District 4: Brandon Chase, At Large Place 5 : Chris Watts, At Large Place 6: PASSED AND APPROVED this the 18th day of October, 2022. (N DEPOT YATTEST ROSA PJOS, CITY SECRETARY 3BS05 SALV b\\\1111111 APPROVED AS TO LEGAL FORM:MACK REINWAND, CITY ATTORNEY EXHIBIT A CAPITAL IMPROVEMENT PROJECr LIST SERIES 2023 - Reimbursement Ordinance As of October 2022 FY 22-23 CIP BudgetTermDEBT FUNDED PROJECrs GENERAL OBLIGATION PROJECrs Street Reconstruction Bonnie Brae Hickory Creek Sidewalks 2019 Bond Election GO Total 2019 Bond Election) 20,000,000 7,500,000 4,855,000 2,000,000 34,355,000 fmPROJECTS (Internal Service/Enterprise Pavement Reconstruction (Airport) Vehicle Replacement (Airport) Fleet Management Software (Int. Svc - Fleet) Fleet Fuel Infrastructure (Int. Svc. - Fleet) Internal Service/Enterprise Total 1,800,000 420,000 1,000,000 300,000mF CERTIFICATES OF OBLIGATION PROJECTS (General Government): Finance ERP (Finance) Facilities Maintenance Program (Facilities) Security System Upgrades (Facilities) Fire Station # 9: Airport (Facilities) Police Headquarters Renovation (Facilities) ADA Accessibility Upgrades (Facilities) ADA Accessibility Upgrades (Parks) Inclusive Playground (Parks) Parkside Playground (Parks) Signal Cabinets (Traffic) Emergency Vehicle Signal Preemption (Traffic) Gridsmart Vehicle Detection (Traffic) Drainage Improvements (Drainage) Infrastructure Equipment (Technology Services) Police Radios & Modems (Technology Services) End User Computing (Technology Services) Vehicle Replacements (Motorpool) Vehicle Additions (Motorpool) General Government Total 20 10 10 20 20 10 10 20 20 20 20 20 20 10 10 5 5 5 2,000,000 4,000,000 680,000 13,100,000 4,220,000 722,000 770,000 200,000 280,000 208,000 720,000 240,000 1,500,000 120,000 972,000 153,000 3,802,000 743,000 ®3 CERTIFICATES OF OBLIGATION PROJECTS (Water) Supplement to Bond Election 2019 Projects Westgate Road and Drainage Morse Street Reconstruction Transmission Line Condition Repairs Northwest Transmission Lines & BPS RRWTP Disinfection Conversion and Chemical Improvements LLWTP Raw Water Transmission Line 20 20 20 20 20 20 11,000,000 208,000 480,000 1,000,000 7,000,000 2,500,000 3,500,000 EXHIBIT A CAPITAL IMPROVEMENT PROJECr LIST SERIES 2023 - Reimbursement Ordinance As of October 2022 FY 22-23 CIP BudgetTermDEBT FUNDED PROJECrs GENERAL OBUGATION PROJECTS (2019 Bond Election) LLWTP Clarifiers Rehab (Sludge Rake Coating) Capacity Rerate and Performance Upgrades SCADA Platform Development Water Total 1,000,000 8,000,000 1,500,000 36,188,000 CERTIFICATES OF OBLIGATION PROJECTS (Wastewater): Supplement to Bond Election 2019 Projects Annual Field Service Replacements Hickory Creek Interceptor IV Dry Fork Sanitary Sewer Milam Creek Basin Wastewater Line and Lift Station Replace Hobson Force Main Solids Handling Improvements Cooper Creek Bar Screen PCWRP Headworks Reconfiguration Hickory Creek Forcemain Replacement Robson Ranch Decommissioning Project SCADA Platform Development Hickory Creek Interceptor IIIWastewater Total 20 20 20 20 20 20 20 20 20 20 20 20 20 8,000,000 1,400,000 1,000,000 1,246,000 6,752,000 150,000 12, 150,000 50,000 3,900,000 4,000,000 550,000 1,500,000 500,000 1 CERTIFICATES OF OBLIGATION PROJECTS (Solid Waste) Scalehouse Update & Scale Replacement Home Chemical Collection Storage Capacity Landfill Roads & Infrastructure Fleet Shop at Solid Waste Case/Steiger Scraper Solid Waste Total 20 20 20 20 20 1,300,000 1,000,000 2,000,000 10,500,000 1,200,000 16,000,000 CERTIFICATES OF OBLIGATION PROJECTS (Electric) Automated Meter Reading Distribution Substations Distribution Transformers Feeder Extensions & Improvements New Residential & Commercial Over to Under Conversions Power Factor Improvements Street Lighting Transmission Lines Transmission Substations DME Production Plant Technology Software & Hardware 30 30 30 30 30 30 30 30 30 30 30 30 1,101, 641 10,530,000 2,400,000 12,640,000 5,000,000 500,000 500,000 2,500,000 8,200,000 15,615,000 2,200,000 5.275,000 EXHIBIT A CAPITAL IMPROVEMENT PROJECr LIST SERIES 2023 - Reimbursement Ordinance As of October 2022 FY 22-23 CIP BudgetTermDEBT FUNDED PROJECrs GENERAL OBLIGATION PROJECTS (2019 Bond Election) Electric Relocations Electric Total 6,500,000 2 1 TOTAL GC)s TOTAL COsMIB TOTAI! $ 34,355,000 $ 204,297,641 $ 238,652,641