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2010-020 ORDINANCE NO. .2-0,10-020 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 $15412,000 TO ALLOW THE SOLID WASTE DEPARTMENT TO PURCHASE AND ACQUIRE REFUSE AND RECYCLING TRUCKS 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 materials collections (hereafter the "Trucks") 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 $1,412,000 for the purpose of paying the costs of the Trucks, 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 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 the Trucks set forth in Attachment "A" to pay costs of the Trucks, 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. 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. r . M A. kHbtdUG S, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY A By: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY l - By: /2 A U Page 2 of 2 Solid Waste Capital Asset Acquisition Summary Attachment A FY 2010 Project Number Project Type Description Project Costs 1 Commercial Knucklebottom Truck $ 97,000 2 Residential Automated Side Loader 258,000 3 Residential Rear Load 230,000 4 Commercial Front Load 258,000 5 Commercial Roll Off with Hoist 170,000 6 Recycling Appliance Truck 70,000 7 Landfill Slope Mower 120,000 8 Landfill Bus 80,000 9 Landfill Turf Mower 25,000 10 • Commercial Fork Lift 80,000 11 Landfill All Terrain Off-Road 24,000 Total $1,412,000