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HomeMy WebLinkAboutMO # 1743132 MUNICIPAL ORDER NO. 1743 MUNICIPAL ORDER APPROVING THE ADVERTISEMENT FOR BID AND DISTRIBUTION OF A PRELIMINARY OFFICIAL STATEMENT FOR THE PURCHASE OF CITY OF PADUCAH, KENTUCKY GENERAL OBLIGATION BONDS, SERIES 2013A AND CITY OF PADUCAH, KENTUCKY TAXABLE GENERAL OBLIGATION BONDS, SERIES 2013B IN AGGREGATE PRINCIPAL AMOUNTS OF APPROXIMATELY $1,115,000 AND $2,485,000, RESPECTIVELY. WHEREAS, the City of Paducah, Kentucky (the "City") has determined the necessity of financing a portion of the costs of the renovation and improvement of a municipal pool (the "2013A Project"); and WHEREAS, the City has further determined the necessity of financing a portion of the costs of (i) the construction of improvements to an industrial/distribution facility located within the City to be leased to a Kentucky subsidiary of Macco Organiques Incorporated, a Canadian corporation, for use in furtherance of economic development within the City, and (ii) the acquisition, construction, installation and equipping of an approximately 30,000 square foot building to be located on property being leased jointly by the City and the County of McCracken, Kentucky (the "County") and to be subleased to TeleTech Services Corporation, a Colorado corporation, for use in furtherance of economic development within the City (collectively, the "2013B Project," and together with the 2013A Project, the "Projects"; and WHEREAS, the City has further determined that it is in the best interests of the City that the City proceed at this time with the financing of the Projects through the issuance of the City's (i) General Obligation Bonds, Series 2013A in the aggregate principal amount of $1,115,000 (the "Series 2013A Bonds"), subject to a permitted adjustment increasing or decreasing the principal amount of Series 2013A Bonds by up to $110,000 (the "Series 2013A Permitted Adjustment") and (ii) Taxable General Obligation Bonds, Series 2013B in the aggregate principal amount of $2,485,000 (the "Series 2013B Bonds," and together with the Series 2013A Bonds, the 'Bonds"), subject to a permitted adjustment increasing or decreasing the principal amount of Series 2013B Bonds by up to $245,000 (the "Series 2013B Permitted Adjustment," and together with the Series 2013A Permitted Adjustment, the "Permitted Adjustments"); and WHEREAS, on the 3rd day of September, 2013 the City gave first reading to, and on the 17th day of September, 2013 proposes to give second reading to and adopt, an ordinance providing for the issuance of the Bonds in order to provide funds to pay the costs, not otherwise provided for, of the financing of the Projects, which ordinance is titled as follows: AN ORDINANCE OF THE CITY OF PADUCAH, KENTUCKY AUTHORIZING THE ISSUANCE OF (I) CITY OF PADUCAH, KENTUCKY GENERAL OBLIGATION BONDS, SERIES 2013A IN THE APPROXIMATE AGGREGATE PRINCIPAL AMOUNT OF $1,115,000 (SUBJECT TO A PERMITTED ADJUSTMENT INCREASING OR DECREASING THE PRINCIPAL AMOUNT OF SERIES 2013A BONDS BY UP TO $110,000) FOR THE PURPOSE OF FINANCING A PORTION OF THE COSTS OF RENOVATIONS AND IMPROVEMENTS TO A MUNICIAL POOL IN THE CITY OF PADUCAH, KENTUCKY, AND (II) CITY OF PADUCAH, KENTUCKY TAXABLE GENERAL OBLIGATION BONDS, SERIES 2013B IN THE APPROXIMATE AGGREGATE PRINCIPAL AMOUNT OF $2,485,000 (SUBJECT TO A PERMITTED ADJUSTMENT INCREASING OR DECREASING THE PRINCIPAL AMOUNT OF SERIES 2013A BONDS BY UP TO $635,000) FOR THE PURPOSE OF FINANCING A PORTION OF THE COSTS OF THE ACQUISITION, CONSTRUCTION, INSTALLATION AND EQUIPPING OF VARIOUS ECONOMIC DEVELOPMENT PROJECTS IN THE CITY OF PADUCAH, KENTUCKY; APPROVING THE FORMS OF BONDS; AUTHORIZING DESIGNATED OFFICERS TO EXECUTE AND DELIVER THE BONDS; AUTHORIZING AND DIRECTING THE FILING OF NOTICE WITH THE STATE LOCAL DEBT OFFICER; PROVIDING FOR THE PAYMENT AND SECURITY OF THE BONDS; CREATING BOND PAYMENT FUNDS; MAINTAINING THE HERETOFORE ESTABLISHED SINKING FUND; AUTHORIZING ACCEPTANCE OF THE BIDS OF THE BOND PURCHASERS FOR THE PURCHASE OF THE BONDS; AND REPEALING INCONSISTENT ORDINANCES. 133 WHEREAS, it is appropriate at this time that the City authorize the advertisement for bid for the purchase of the Bonds. NOW, THEREFORE, BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY, AS FOLLOWS: SECTION 1. The City of Paducah, a municipal corporation and political subdivision of the Commonwealth of Kentucky, shall issue its "General Obligation Bonds, Series 2013A (the "Series 2013A Bonds") in the aggregate principal amount of approximately $1,115,000 and its "Taxable General Obligation Bonds, Series 2013B (the "Series 2013B Bonds," and together with the Series 2013A Bonds, the 'Bonds") in the aggregate principal amount of approximately $2,485,000. SECTION 2. The City shall comply with the requirements of KRS Chapters 66 and 424 by advertising for bids for the purchase of the Bonds. Actions heretofore taken by the City in connection with the preparation of such instruments and the distribution of such information by the City as shall be necessary to accomplish the foregoing, including the preparation of a Preliminary Official Statement (the "Preliminary Official Statement") which Preliminary Official Statement shall be deemed final by the Mayor of the City in accordance with Rule 15c2-12 of the Securities and Exchange Commission (the "Rule"), are hereby ratified and approved. In order to enable prospective purchasers to submit a bid for the purchase of the Bonds, the City hereby covenants and agrees that it will execute, comply with and carry out all of the provisions of a continuing disclosure undertaking (the "Continuing Disclosure Undertaking") in connection with the issuance of the Bonds. Failure to comply with any such provisions of the Continuing Disclosure Undertaking shall not constitute a default on the Bonds; however, any holder of the Bonds, including the beneficial owners of the Bonds, may take such action as may be necessary and appropriate, including seeking specific performance, to cause the City to comply with its obligations under the Continuing Disclosure Undertaking. SECTION 3. Proposals for the purchase of the Bonds shall be opened and reviewed by the Finance Director of the City, and shall be acted upon by the City Manager or Finance Director on that same day, based upon the advice of the City's financial advisor, J.J.B. Hilliard, W.L. Lyons, LLC, without the need for further action by this City Commission. The City hereby ratifies and approves the use of the "Notice of Bond Sale," substantially in the form attached hereto, which shall be published as required by law. SECTION 4. The City Manager or Finance Director of the City shall, in a certificate of award accepting the successful bid or bids for the Bonds (the "Certificate of Award"), determine the exact principal amount of Bonds to be awarded and the exact rate or rates of interest which said Bonds shall bear, and the interest rate or rates on said Bonds shall be automatically fixed at the rate or rates set out in the successful bid accepted by said Certificate of Award. The proceeds of the sale of said Bonds shall be applied to the costs of the Projects and the costs of issuing the Bonds and shall be expended as provided in the Ordinance authorizing the Bonds. SECTION 5. In the event that no bid shall be accepted for the purchase of the Bonds, bids may again be solicited for the purchase of the Bonds at a future date and hour at the discretion of the Mayor, without the necessity of further authorization by the City. SECTION 6. All motions, orders, resolutions and parts thereof in conflict herewith, are hereby repealed to the extent of such conflict, and this Municipal Order shall be effective immediately. SECTION 7. This Municipal Order shall be in full force and effect immediately upon its adoption. INTRODUCED, PUBLICLY READ, AND FINALLY APPROVED on one reading, this 3rd day of September, 2013. /'P / / ,' . ttest: Tammy Sanderson, City Clerk 4 134 CERTIFICATE I, Tammy Sanderson, hereby certify that I am the duly qualified and acting City Clerk of the City of Paducah, Kentucky, that the foregoing is a full, true, and correct copy of a Municipal Order adopted by the City Commission of the City, at a meeting duly held on September 3, 2013, that said Municipal Order (together with the Notice of Bond Sale approved therein) appears as a matter of public record in the official records of the City, that said meeting was duly held in accordance with all applicable requirements of Kentucky law, including KRS 61.810, 61.815, 61.820, and 61.823, that a quorum was present at said meeting, that said Municipal Order has not been modified, amended, revoked, or repealed; and that same is now in full force and effect. 2013 IN TESTIMONY WHEREOF, witness my signature on this day of , 3 City Clerk 135 EXHIBIT A NOTICE OF BOND SALE Notice is hereby given that electronic bids will be received by the City of Paducah, Kentucky (the "City"), until 10:00 a.m., C.T. on September 19, 2013 (or at such later time and date announced at least forty-eight hours in advance via the BiDCOMPTM/PARITYTM system) for the purchase of approximately $1,115,000 of the City's General Obligation Bonds, Series 2013A (the "Series A Bonds") and $2,485,000 of the City's Taxable General Obligation Bonds, Series 2013B (the "Series:B Bonds," and collectively with the Series A, the "Bonds"). Alternatively, written sealed or facsimile bids for one or more series of the Bonds by the designated time will be received by the Finance Director, 300 South Fifth Street, Paducah, Kentucky 42002 (FAX: (270) 440-8589). The Bonds will each be dated their date of initial delivery, will be issued as fully registered bonds in denominations in multiples of $5,000 (within the same maturity), will mature on September 1 of the years 2014 through 2028. Electronic bids may be submitted via BiDCOMPTM/PARITYTM, in the manner described below. Additional information, including the Preliminary Official Statement, the Official Terms and Conditions of Bond Sale and the Official Bid Form, may be obtained from the City's Financial Advisor, J.J.B. Hilliard, W.L. Lyons, LLC; 500 West Jefferson Street, Louisville, Kentucky 40202; Telephone: (502) 588-8639 or at http://pos.hilliard.com. Further information regarding BiDCOMPTM/PARITYTM may be obtained from BiDCOMPTM/PARITYTM, 1359 Broadway - 2 n Floor, New York, NY 10018, Telephone: (800)850-7422. Sale of Series A Bonds on tax-exempt basis. Issuance of Bonds subject to approving legal opinion of Peck, Shaffer & Williams LLP, Bond Counsel, Covington, Kentucky. The City has designated the Series A Bonds as "qualified tax-exempt obligations" pursuant to Section 265 of the Internal Revenue Code of 1986, as amended. Right to reject bids or waive informality reserved. 79271v3 4