Appropriation Orders (FY24 Sewer Rehabiliation) (Somerville) - 8_21_23 $4569990 — File 23-1239

134392514v.1 AN ORDER MAKING AN APPROPRIATION OF $4,569,990 TO PAY COSTS OF SEWER SYSTEM IMPROVEMENTS AND REHABILITATION, AND AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $4,569,990 BONDS OF THE CITY TO MEET SAID APPROPRIATION Ordered: Section 1. That, the Mayor’s request for approval of the City Council to make an appropriation of $4,569,990 to pay costs of capital improvements relating to sewer system improvements and rehabilitation, and all costs incidental or related thereto, and authorizing the Mayor and the City Treasurer to issue not exceeding $4,569,990 bonds of the City to meet said appropriation and pending the issuance thereof the making of temporary borrowings for such purpose, which borrowing shall constitute a general obligation of the City, 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. All or any portion of this amount may be borrowed or otherwise obtained through the Massachusetts Water Resources Authority’s Inflow and Infiltration Local Financial Assistance Program, or any other applicable program, and the amount authorized to be borrowed by this order shall be reduced to the extent of any grants received by the City from the Massachusetts Water Resources Authority. The borrowing, while a general obligation of the City, is expected to have the debt service thereon paid with sewer enterprise fund revenues. The bonds shall bear such rate or rates of interest as shall be determined by the Mayor and the City Treasurer. 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. All or a portion of said bonds may 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 project 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

134392514v.1 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 material 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 amount 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.