Matters ▸ Attachment
57855050_1-Appropriation Order (Somerville) Winter Hill_Nunziato Fields 5_2016 — File 201480
AN ORDER MAKING AN APPROPRIATION OF $275,000
FOR THE COSTS OF FINANCING THE
DESIGN AND CONSTRUCTION OF IMPROVEMENTS TO
WINTER HILL AND NUNZIATO FIELD,
AND AUTHORIZING THE ISSUANCE OF NOT EXCEEDING
$275,000 BONDS OF THE CITY
TO MEET SAID APPROPRIATION
Ordered:
Section 1. That the Mayor’s request for approval of the Board of Aldermen to make an
appropriation of $275,000 for the costs of financing the design and construction of improvements
to Winter Hill and Nunziato Field, and including all costs incidental and related thereto, and
authorizing the Mayor and the City Treasurer to issue not exceeding $275,000 bonds of the City
to meet said appropriation and pending the issuance thereof the making of temporary borrowings
for such purpose is hereby approved, and further, that the Mayor and the City Treasurer are the
officers authorized to issue and sell said bonds or bond anticipation notes in accordance with the
provisions set forth herein and in Chapter 44 of the General Laws of Massachusetts or any other
enabling authority.
Section 2. The bonds shall bear such rate or rates of interest as shall be determined by
the Mayor and the City Treasurer. They shall be general obligations of the City and each of the
bonds shall recite that every requirement of law relating to its issue has been duly complied with
and that such bond is within every debt and other limit subscribed by law and that the full faith
and credit of the City are pledged to the payment of the principal thereof and interest thereon.
Said bonds shall be sold by the City Treasurer with the approval of the Mayor, in a competitive
offering or by negotiation, in their discretion. If sold in a competitive offering, the bonds shall
be sold at not less than ninety-eight percent of their face amount and accrued interest on the basis
of the lowest net or true interest cost to the City. If the bonds are sold by negotiation, the
purchase agreement shall be subject to the approval of the Mayor and the City Treasurer, and
their execution thereof shall be deemed as conclusive evidence of such approval.
Section 3. The City hereby expresses its official intent pursuant to §1.150-2 of the
Federal Income Tax Regulations, Title 26 (the “Regulations”), to reimburse expenditures paid
sixty days prior to and anytime after the date of passage of this Order in the maximum amount
and for the projects defined in Section 1 with the proceeds of bonds, notes, or other obligations
authorized to be issued by the City. The bonds shall be issued to reimburse such expenditures
not later than 18 months after the later of the date of the expenditure or the substantial
completion of the project, or such later date the Regulations may authorize. The City hereby
certifies that the intention to reimburse as expressed herein is based upon its reasonable
expectations as of this date. The City Treasurer or his designee is authorized to pay project
expenses in accordance herewith pending the issuance of reimbursement bonds, and to amend
this declaration.
Section 4. The Mayor and the City Treasurer are hereby authorized, on behalf of the City
to enter into agreements or otherwise covenant for the benefit of bondholders, to provide
information on an annual or other periodic basis to the Municipal Securities Rulemaking Board
(the “MSRB”) and to provide notices to the MSRB of significant events as enumerated in
Securities and Exchange Commission Exchange Act Rule 15c2-12, as amended, as may be
necessary, appropriate or desirable to effect the sale of the bonds and notes authorized by this
Order. Any agreements or representations to provide information to the MSRB made prior
hereto are hereby confirmed, ratified and approved.
Section 5. The amounts appropriated herein may be expended subject to approval of the
Mayor and City Treasurer for costs of issuance of the bonds and additional fees associated with
the provision of credit enhancement, including letters of credit or municipal bond insurance
deemed necessary or desirable by them in connection with the issuance of the bonds and they are
authorized to execute such reimbursement agreements, remarketing agreements, standby bond
purchase agreements or other customary agreements as are normally required in connection
therewith.
AM 57855050.1