School Referendum Passes

At its meeting on January 25, the Board of Aldermen adopted a resolution establishing Tuesday, March 13 as the date for a city referendum on the school construction issue. The following is the actual language that will be on the ballot. NOTICE OF REFERENDUM

CITY OF DERBY

March 13, 2007

            A referendum of the legal voters of the City of Derby will be held on Tuesday, March 13, 2007, between the hours of 6:00 A.M. and 8:00 P.M. pursuant to Section 93 of the Charter of the City of Derby for the approval or disapproval of certain resolutions approved by the Board of Aldermen and the Board of Apportionment and Taxation at meetings held January 25, 2007. The resolutions shall be placed on the voting machines under the following headings: 

“SHALL THE CITY OF DERBY APPROPRIATE $28,000,000 FOR DESIGN, CONSTRUCTION, FURNISHING AND EQUIPPING OF A NEW GRADES 6 THROUGH 8 MIDDLE SCHOOL FACILITY TO BE LOCATED ON THE DERBY HIGH SCHOOL SITE, AND AUTHORIZE THE ISSUANCE OF BONDS, NOTES AND TEMPORARY NOTES IN THE SAME AMOUNT TO DEFRAY SAID APPROPRIATION?”

“SHALL THE CITY OF DERBY, IF THE NEW GRADES 6 THROUGH 8 MIDDLE SCHOOL FACILITY PROJECT IS NOT APPROVED, IN LIEU THEREOF APPROPRIATE $23,190,000 FOR DESIGN, CONSTRUCTION, FURNISHING AND EQUIPPING OF A NEW GRADES 7 THROUGH 8 MIDDLE SCHOOL FACILITY TO BE LOCATED ON THE DERBY HIGH SCHOOL SITE AND A TWO CLASSROOM ADDITION TO BRADLEY SCHOOL, AND AUTHORIZE THE ISSUANCE OF BONDS, NOTES AND TEMPORARY NOTES IN THE SAME AMOUNT TO DEFRAY SAID APPROPRIATION?”

            The full texts of the resolutions are on file and available for public inspection in the Office of the Town/City Clerk.  Voters approving a question will vote "Yes" and those opposing said question will vote "No".  

Full Text of the Resolution:

RESOLUTION APPROPRIATING $28,000,000 FOR DESIGN, CONSTRUCTION, FURNISHING AND EQUIPPING OF A NEW GRADES 6 THROUGH 8 MIDDLE SCHOOL FACILITY TO BE LOCATED ON THE DERBY HIGH SCHOOL SITE, AND AUTHORIZING $28,000,000 OF BONDS, NOTES AND TEMPORARY NOTES TO DEFRAY SAID APPROPRIATION.

BE IT RESOLVED:

(a) That the City of Derby appropriate TWENTY-EIGHT MILLION DOLLARS ($28,000,000) for costs in connection with: (1) the design, construction, furnishing and equipping of a new three-story, approximately 72,500 square foot, approximately 420 student capacity middle school facility serving the 6th, 7th and 8th grades to be located on the Derby High School site on Nutmeg Avenue in Derby; (2) related site and other improvements, and (3) the financing of the project appropriation The appropriation may be spent for design, construction, acquisition and installation costs, related site and other improvements, equipment, furnishings, materials, technology infrastructure, moving, storage and other temporary relocation costs, utility installation and relocation, permit fees, survey and study costs, architect, engineering and other consultant fees, legal fees, net temporary interest and other financing costs, and other expenses related to the project and its financing. The School Building Committee as approved by the Board of Aldermen for the project is authorized to determine the scope and particulars of the project and to reduce or modify the scope of the project, and the entire appropriation may be expended on the project as so reduced or modified. The City anticipates receiving a grant commitment from the State of Connecticut Department of Education for approximately 67.86% of the fully eligible costs of the project.
 
(b) That the City issue its serial bonds or notes, in an amount not to exceed TWENTY-EIGHT MILLION DOLLARS ($28,000,000) to finance the appropriation for the project. The amount of bonds or notes authorized to be issued shall be reduced by the amount of grants received by the City for the project to the extent that such grants are not separately appropriated to pay additional project costs. The bonds or notes shall be issued pursuant to Sections 7-369 and 10-289 of the General Statutes of Connecticut, Revision of 1958, as amended, and any other enabling acts. The bonds or notes shall be general obligations of the City secured by the irrevocable pledge of the full faith and credit of the City.

(c) That the City issue and renew temporary notes from time to time in anticipation of the receipt of the proceeds from the sale of the bonds or notes for the project or the receipt of grants for the project. The amount of the notes outstanding at any time shall not exceed TWENTY-EIGHT MILLION DOLLARS ($28,000,000). The notes shall be issued pursuant to Section 7-378 of the General Statutes of Connecticut, Revision of 1958, as amended. The notes shall be general obligations of the City and shall be secured by the irrevocable pledge of the full faith and credit of the City. The City shall comply with the provisions of Section 7-378a of the General Statutes with respect to any notes that do not mature within the time permitted by said Section 7-378.

(d) The Mayor and the Treasurer shall sign any bonds or notes by their manual or facsimile signatures. The law firm of Day Pitney LLP is designated as bond counsel to approve the legality of the bonds or notes. The Mayor and the Treasurer are authorized to determine the amount, date, interest rates, maturities, redemption provisions, form and other details of the bonds or notes; to designate one or more banks or trust companies to be certifying bank, registrar, transfer agent and paying agent for the bonds or notes to provide for the keeping of a record of the bonds or notes; to designate a financial advisor to the City in connection with the sale of the bonds or notes; to sell the bonds or notes at public or private sale; to deliver the bonds or notes; and to perform all other acts which are necessary or appropriate to issue the bonds or notes.

(e) That the City hereby declares its official intent under Federal Income Tax Regulation Section 1.150-2 that project costs may be paid from temporary advances of available funds and that (except to the extent reimbursed from grant moneys) the City reasonably expects to reimburse any such advances from the proceeds of borrowings in an aggregate principal amount not in excess of the amount of borrowing authorized above for the project. The Mayor and the Treasurer are authorized to amend such declaration of official intent as they deem necessary or advisable and to bind the City pursuant to such representations and covenants as they deem necessary or advisable in order to maintain the continued exemption from federal income taxation of interest on the bonds or notes authorized by this resolution, if issued on a tax-exempt basis, including covenants to pay rebates of investment earnings to the United States in future years.

(f) That the Mayor and the Treasurer are authorized to make representations and enter into written agreements for the benefit of holders of the bonds or notes authorized by this resolution to provide secondary market disclosure information, which agreements may include such terms as they deem advisable or appropriate in order to comply with applicable laws or rules pertaining to the sale or purchase of such bonds or notes.

(g) That the Board of Education is authorized to apply for and accept state grants for the project. The Board of Education is authorized to file applications with the State Board of Education, to execute grant agreements for the project, and to file such documents as may be required by the State Board of Education to obtain grants for the costs of financing the project.

(h) That the School Building Committee as approved by the Board of Aldermen for the project is vested with the following powers and duties: to approve design and construction expenditures for the project pursuant to contracts therefor duly executed by the Mayor, and to exercise such other powers as are necessary or appropriate to complete the project. Committee members shall not receive any compensation for their services. Necessary expenses of the Committee shall be included in the cost of the project. The records of the Committee shall be filed with the Town/City Clerk and open to public inspection during normal business hours. Upon completion of the project, the Committee shall make a complete report and accounting to the Mayor and the Board of Aldermen.

(i) That the Mayor, the Treasurer, the Board of Education, the School Building Committee as approved by the Board of Aldermen for the project and other proper officers and officials of the City are authorized to take all other action which is necessary or desirable to complete the project and to issue bonds or notes and to obtain grants to finance the aforesaid appropriation.

(j) That this resolution is subject to the approval of the Board of Apportionment and Taxation and of a majority of the legal voters of the City voting at a referendum to be called on this resolution.

RESOLUTION APPROPRIATING $23,190,000 FOR DESIGN, CONSTRUCTION, FURNISHING AND EQUIPPING OF A NEW GRADES 7 THROUGH 8 MIDDLE SCHOOL FACILITY TO BE LOCATED ON THE DERBY HIGH SCHOOL SITE AND A TWO CLASSROOM ADDITION TO BRADLEY SCHOOL, AND AUTHORIZING $23,190,000 OF BONDS, NOTES AND TEMPORARY NOTES TO DEFRAY SAID APPROPRIATION, IF THE NEW GRADES 6 THROUGH 8 MIDDLE SCHOOL FACILITY PROJECT IS NOT APPROVED BY REFERENDUM VOTE OF THE VOTERS OF THE CITY.

BE IT RESOLVED:

(a) That the City of Derby appropriate TWENTY-THREE MILLION ONE HUNDRED NINETY THOUSAND DOLLARS ($23,190,000) for costs in connection with: (1) the design, construction, furnishing and equipping of a new two-story, approximately 50,000 square foot, approximately 280 student capacity middle school facility serving the 7th and 8th grades to be located on the Derby High School site on Nutmeg Avenue in Derby; (2) the design, construction, furnishing and equipping of a two-story, approximately 2,500 square foot, two classroom addition to Bradley School on David Humphreys Road in Derby; (3) related site and other improvements, and (4) the financing of the project appropriation. The middle school component of the project is contemplated to be completed substantially in accordance with conceptual drawings entitled “Proposed Stand-Alone”, “Stand-Alone First Floor Plan” and “Stand-Alone Second Floor Plan” from the study entitled “Feasibility Study for the Derby Middle School” dated October 16, 2006, and prepared by DeCarlo & Doll, Inc. . The appropriation may be spent for design, construction, acquisition and installation costs, related site and other improvements, equipment, furnishings, materials, technology infrastructure, moving, storage and other temporary relocation costs, utility installation and relocation, permit fees, survey and study costs, architect, engineering and other consultant fees, legal fees, net temporary interest and other financing costs, and other expenses related to the project and its financing. The School Building Committee as approved by the Board of Aldermen for the project is authorized to determine the scope and particulars of the project and to reduce or modify the scope of the project, and the entire appropriation may be expended on the project as so reduced or modified. The City anticipates receiving a grant commitment from the State of Connecticut Department of Education for approximately 67.86% of the fully eligible costs of the project.

(b) That the City issue its serial bonds or notes, in an amount not to exceed TWENTY-THREE MILLION ONE HUNDRED NINETY THOUSAND DOLLARS ($23,190,000) to finance the appropriation for the project. The amount of bonds or notes authorized to be issued shall be reduced by the amount of grants received by the City for the project to the extent that such grants are not separately appropriated to pay additional project costs. The bonds or notes shall be issued pursuant to Sections 7-369 and 10-289 of the General Statutes of Connecticut, Revision of 1958, as amended, and any other enabling acts. The bonds or notes shall be general obligations of the City secured by the irrevocable pledge of the full faith and credit of the City.

(c) That the City issue and renew temporary notes from time to time in anticipation of the receipt of the proceeds from the sale of the bonds or notes for the project or the receipt of grants for the project. The amount of the notes outstanding at any time shall not exceed TWENTY-THREE MILLION ONE HUNDRED NINETY THOUSAND DOLLARS ($23,190,000). The notes shall be issued pursuant to Section 7-378 of the General Statutes of Connecticut, Revision of 1958, as amended. The notes shall be general obligations of the City and shall be secured by the irrevocable pledge of the full faith and credit of the City. The City shall comply with the provisions of Section 7-378a of the General Statutes with respect to any notes that do not mature within the time permitted by said Section 7-378.

(d) The Mayor and the Treasurer shall sign any bonds or notes by their manual or facsimile signatures. The law firm of Day Pitney LLP is designated as bond counsel to approve the legality of the bonds or notes. The Mayor and the Treasurer are authorized to determine the amount, date, interest rates, maturities, redemption provisions, form and other details of the bonds or notes; to designate one or more banks or trust companies to be certifying bank, registrar, transfer agent and paying agent for the bonds or notes to provide for the keeping of a record of the bonds or notes; to designate a financial advisor to the City in connection with the sale of the bonds or notes; to sell the bonds or notes at public or private sale; to deliver the bonds or notes; and to perform all other acts which are necessary or appropriate to issue the bonds or notes.

(e) That the City hereby declares its official intent under Federal Income Tax Regulation Section 1.150-2 that project costs may be paid from temporary advances of available funds and that (except to the extent reimbursed from grant moneys) the City reasonably expects to reimburse any such advances from the proceeds of borrowings in an aggregate principal amount not in excess of the amount of borrowing authorized above for the project. The Mayor and the Treasurer are authorized to amend such declaration of official intent as they deem necessary or advisable and to bind the City pursuant to such representations and covenants as they deem necessary or advisable in order to maintain the continued exemption from federal income taxation of interest on the bonds or notes authorized by this resolution, if issued on a tax-exempt basis, including covenants to pay rebates of investment earnings to the United States in future years.

(f) That the Mayor and the Treasurer are authorized to make representations and enter into written agreements for the benefit of holders of the bonds or notes authorized by this resolution to provide secondary market disclosure information, which agreements may include such terms as they deem advisable or appropriate in order to comply with applicable laws or rules pertaining to the sale or purchase of such bonds or notes.

(g) That the Board of Education is authorized to apply for and accept state grants for the project. The Board of Education is authorized to file applications with the State Board of Education, to execute grant agreements for the project, and to file such documents as may be required by the State Board of Education to obtain grants for the costs of financing the project.

(h) That the School Building Committee as approved by the Board of Aldermen for the project is vested with the following powers and duties: to approve design and construction expenditures for the project pursuant to contracts therefor duly executed by the Mayor, and to exercise such other powers as are necessary or appropriate to complete the project. Committee members shall not receive any compensation for their services. Necessary expenses of the Committee shall be included in the cost of the project. The records of the Committee shall be filed with the Town/City Clerk and open to public inspection during normal business hours. Upon completion of the project, the Committee shall make a complete report and accounting to the Mayor and the Board of Aldermen.

(i) That the Mayor, the Treasurer, the Board of Education, the School Building Committee as approved by the Board of Aldermen for the project and other proper officers and officials of the City are authorized to take all other action which is necessary or desirable to complete the project and to issue bonds or notes and to obtain grants to finance the aforesaid appropriation.

(j) That this resolution is subject to the approval of the Board of Apportionment and Taxation and of a majority of the legal voters of the City voting at a referendum to be called on this resolution.

(k) That this resolution shall not take effect if a majority of the legal voters of the City of Derby voting at a referendum to be held concurrently with the referendum vote hereon approve the resolution adopted by the Board of Aldermen at meeting held January 25, 2007 appropriating $28,000,000 for costs in connection with the new grades 6 through 8 middle school facility to be located on the Derby High School site and authorizing the issuance of bonds and notes to finance said appropriation.