City Council
Regular MeetingHackensack, NJ · February 17, 1998
Minutes
The Regular Meeting of the City Council: of the City of
Hackensack was held at City Hall, 65 Central Avenue, Hackensack,
New Jersey, on Tuesday, February 17, 1998 . ·
Mayor Zisa called the meeting to order at 8: 00 P . M . and asked
e�eryone to stand for the flag salute .
The Mayor then asked the City Clerk to call the roll .
Present - Councilman Jesus R . Galvis, Deputy Mayor Juanita
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Tranunell, Councilman Mark A . Stein, Mayor John F . Zisa, City
Manager James S . Lacava, City Clerk Doris L . Dukes and City
Attorney Richard E . Salkin
Absent - Councilman Roger B . Mattei
Mrs . Dukes: " In accordance with the Open Public Meetings Act,
Chapter 231, Laws of 1975 adequate notice of this meeting was
provided by sending a notice to The Record and by posting a copy on
the Bulletin Board in City Hall . "
Mayor Zisa called for a motion to approve the minutes of the
meetings held February 2nd and 9th 1998 .
Motion offered by Stein, seconded by Tranunell, that the
minutes be approved as submitted . Carried
Mayor Zisa, before starting the regular business of the
meeting introduced Police Chief Zisa who introduced the H-Cops, a
new group of volunteers working with th Police Department .
Mayor Zisa and membe�s of Council thanked both the Chief and
the Voluteers for volunteering their time and service to the
citizens of Hackensack .
Chief Zisa, also presented citations to Officers Inglima,
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Longobardo and Lloyd in recognition of special performance while on
duty .
RESOLUTION #43 OFFERED BY: TRAMMELL SECONDED BY: STEIN
BE IT RESOLVED by the City Council of the City of Hackensack
that the following organizations be granted permission to conduct
a Raffle and amend a Bingo License in accordance with applications
on file in the office of the City Clerk:
RA : 1553 Capt . H . B . Doremus Post #55, American Legion
RA : 1554 The Columbians
BL: 1546 (to Amend) Parent Teachers Guild o St. Francis Church
Roll Call: Ayes - Galvis, Trammell, Stein, Zisa
Absent - Mattei
RESOLUTION #44 OFFERED BY: STEIN SECONDED BY: GALVIS
WHEREAS, it is the wish of the City of Hackensack to conform
with Chapter 119, Laws of 1973, N . J . S . A . 54: 4-14 governing REG .
18: 12A-1 . 6, which deals with petition of Appeal; and
WHEREAS, the Bergen County Board of Taxation shall not accept,
for filing, any petitions of appeal by the Taxing District unless
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the petition is accompanied by a certified copy of a resolution of
the governing body authorizing the appeal; and
WHEREAS, upon continuing review of the Tax List it may become
apparent that inequities may exist or errors may have been made,
which will require correction by appeal to the Bergen County Board
of Taxation;
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the
City of Hackensack that they hereby authorize the Tax Collector
and/or the City Tax Attorney and/or the Bergen County Board of
Taxation in any and all cases where inequities or errors may exist
for the tax year 1998 and further authorize the Tax Collector
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and/or City Tax Attorney and/or City Attorney to take any and all
actions that may be required to prosecute same to the final
determination .
Roll Call: - Ayes - Galvis, Trammell, Stein, Zisa
Absent - Mattei
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RESOLUTION #45 OFFERED BY: GALVIS SECONDED BY: TRAMMELL
WHEREAS, the governing body of the City of Hackensack has been
advised that an emergency affecting the safety and welfare of the
citizens of the City of Hackensack and the general public who
operate motor vehicles within the City limits of the City of
Hackensack, when a traffic signal located at the intersection of
Main Street and Passaic Street was accidentally knocked down and
rendered inoperable on December 22, 1997; and
WHEREAS, the Chief of Police of the City of Hackensack has
furnished to the City Manager a written report setting forth the
time, place and circumstances regarding the emergency; and
WHEREAS, the governing body is satisfied that an emergency did
exist and that immediate action was necessary to restore the
aforementioned traffic signal to full operation; and
WHEREAS, the cost of the repair was $4,815 . 00, which is a fair
and reasonable quotation; and
WHEREAS, the Chief Financial Officer has certified that funds
are available in account #7-010-318-267 of the General Fund, P . O .
#103797; and
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WHEREAS, it is anticipated that the entire cost of the repairs
will be recovered from the insurance carriers .
NOW,. THEREFORE, BE IT RESOLVED by the City Council of the City
of Hackensack that pursuant to N . J . S . A . 40A: ll-6, which authorizes
the governing body to award contracts without public bidding in
emergency situations, the vendor, Traffic Control Equipment Corp . ,
Inc . , 242-252 Hudson Street, Hackensack, NJ 07601, be paid
therefor .
Roll Call: Ayes - Galvis, Trammell, Stein, Zisa
Absent - Mattei
RESOLUTION #46 OFFERED BY: STEIN SECONDED BY: GALVIS
WHEREAS, the governing body of the City of Hackensack has been
advised that an emergency affecting the safety and welfare of the
citizens of the City of Hackensack and the general public who
operate motor vehicles within the City limits of the City of
Hackensack, when a traffic signal located at the intersection of
Main Street and Berry Street was accidentally knocked down and
rendered inoperable on December 6, 1997; and
WHEREAS, the Chief of Police of the City of Hackensack has
furnished to the City Manager a written report setting forth the
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time, place and circumstances regarding the emergency; and
WHEREAS, the governing body is satisfied that an emergency did
exist and that immediate action was necessary to restore the
aforementioned traffic signal to full operation; and
WHEREAS, the cost of the repair was $4,871.00, which is a fair
and reasonable quotation; and
WHEREAS, the Chief Financial Officer has certified that funds
are available in account #7-010-318-267 of the General Fund, P . O .
#103308; and
WHEREAS, it is anticipated that the entire cost of the repairs
will be recovered from the insurance carriers .
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Hackensack that pursuant to N . J . S . A . 40A: ll-6, which authorizes
the governing body to award contracts without public bidding in
emergency situations, the vendor, Traffic Control Equipment Corp . ,
Inc . , 242-252 Hudson Street, Hackensack, NJ 07601, be paid
therefor .
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Roll Call: Ayes - Galvis, Trammell, Stein, Zisa
Absent - Mattei
RESOLUTION #47 OFFERED BY: TRAMMELL SECONDED BY: STEIN
BE IT RESOLVED by the City Council of the City of Hackensack
that the proper officers be and are hereby authorized to make the
following refunds for the reasons stated:
Amount Block Lot Name Year Reason
$ 496 . 00 540 1C00K2 Mary Ellen Iazzetti 1998 Err . Pymt .
Roll Call: Ayes - Galvis, Trammell, Stein, Zisa
·· ·
Absent - Mattei
RESOLUTION #48 OFFERED BY: GALVIS SECONDED BY: TRAMMELL
WHEREAS, R . S . 40: 2-35 provides that monies held in any
separate fund shall be treated as monies held in trust and shall
not be diverted to any other purpose .
NOW, THEREFORE, BE IT RESOLVED that the following banks be
made the depositories for various accounts effective immediately;
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Bank of New York
Chase Bank
City National Bank of NJ
Commerce Bank
First Union
Fleet Bank
Hudson Union Bank
PC Bank
Summit Bank
Trust Company of New Jersey
Valley National Bank
BE IT FURTHER RESOLVED that the Custodian shall be Louis J .
Garbaccio and that all disbursements shall be made by checks signed
by Mayor John F . Zisa, Treasurer, Louis J . Garbaccio and City Clerk
Doris L . Dukes, or in her absence Chief Financial Officer, Louis J .
Garbaccio .
Roll Call: Ayes - Galvis, Tr ammell, Stein, Zisa
Absent - Mattei
RESOLUTION #49 OFFERED BY: STEIN SECONDED BY: TRAMMELL
WHEREAS, various 1997 bills have been presented for payment
this year, which bills were not covered by number and/or recorded
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at the time of transfers between the 1997 Budget Appropriations
reserve in the last two months of 1997, and
WHEREAS, N . J . S . 40A: 4-59 provides that all unexpended balances
carried forward after the close of the year are available, until
lapsed at the close of the succeeding year, to meet specific
claims, commitments or contracts incurred during the preceding
fiscal year, and allow transfers to be made from unexpended
balances which are expected to be insufficient during the first
three months of the succeeding year;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Hackensack that the transfers in the amount of $49,800. 00 be
made between the 1997 Budget Appropriation Reserves as follows:
FROM TO
Traffic Control S/W 600 . 00
Financial Admin O/E 600. 00
Pub Bldg & Grnd S/W 600 . 00
Pub Bldg & Grnd 0/E 400. 00
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Telephone O/E 200 . 00
Police S/W 12,200 . 00
Police O/E 2,000 . 00
Community Dev O/E 10,000 . 00
City Garage O/E 200. 00
Street Cleaning S/W 700 . 00
Street Cleaning 0/E 700 . 00
Police S/W 35,700 . 00
Garbage & Trash O/E 5,200 . 00
Recycling O/E 5,ooo. oo
Parks & Playground O/E 300 . 00
Recreation O/E 200 . 00
Reserve for Unemployment 25,000 . 00
Total 49,800 . 00 49,800 . 00
Roll Call: Ayes - Galvis, Trammell, Stein, Zisa
Absent - Mattei
RESOLUTION #50 OFFERED BY: TRAMMELL SECONDED BY: STEIN
WHEREAS, an emergent condition has arisen with respect to
insufficient temporary appropriations to facilitate the awarding of
annual contracts and no adequate provision has been made in the
1998 temporary appropriations for the aforesaid purpose, and N . J . S .
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40A: 4-20 provides for the creation of an emergency temporary
appropriation for the purpose above mentioned, and
WHEREAS, the total emergency temporary resolutions adopted in
the year 1998 pursuant to the provisions of N . J . S . 40A; 4-20
(Chapter 96, P.L. 1951) including this resolution total
$739,000 . 00 .
NOW, THEREFORE, BE IT RESOLVED (not less than two-thirds of
all the members thereof affirmatively concurring) that in
accordance with the provisions of N . J . S . 40A: 4-20:
1. An emergency temporary appropriation be and the same is
hereby made for the awarding of annual contracts in the amount of
$739,000 . 00
Financial Admin . 0/E 10,000 . 00
Tax Collector 0/E $ 4,000 . 00
Pub Bldg & Grounds O/E 25,000 . 00
Group Insurance Plans O/E 300,000 . 00
Fire Official S/W 10,000. 00
Building Inspector S/W 50,000 . 00
Inspection of Property Mgmt S/W 15,000 . 00
Community Development S/W 45,000 . 00
DPW O/E 3,000. 00
Library 0/E
Master Plan
SSS-OAS! O/E
10,000 . 00
6,000 . 00
140,000. 00
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TOTAL $618,000 . 00
2. That said emergency temporary appropriation will be
provided for in the 1998 budget .
3 . That one certified copy of this resolution be filed with
Director of Local Government Services .
Roll Call: Ayes - Galvis, Trammell, Stein, Zisa
Absent - Mattei
RESOLUTION #51 OFFERED BY: TRAMMELL SECONDED BY: GALVIS
WHEREAS, the City of Hackensack requires the services of a
Financial Consultant; and
I WHEREAS, such professional services will be rendered or
performed by a person authorized by law to practice a recognized
profession and whose practice is regulated by law pursuant to
N . J . .S . A . 40A: ll-3 (1) (a) (i) of the Local Public Contracts Law; and
WHEREAS, the Local Public Contracts Law requires that the
resolution authorizing the award of contracts for professional
services without competitive bids and the contract itself must be
available for public inspection; and
WHEREAS, it is the desire of the City Council of the City of
Hackensack to retain the services of Joseph Scrivo, 15 Dogwood
Court, Mahwah, NJ to provide Financial Consulting services; and
WHEREAS, a certificate establishing that funds are available
from Account No . 8-010-210-204 of the Current Fund, in the amount
of $10,000 . 00, P . O . 104022, has been issued by the Chief Financial
Officer pursuant to and in accordance with N . J . A . C . 5: 30-14 . 5 of
the Rules and Regulations of the New Jersey Department of Community
Affairs, Local Finance Board .
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Hackensack as follows:
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1. The Mayor and City Clerk be and they are hereby
authorized and directed to exe�ute a contract with Joseph Scrivo to
provide said services .
2. This contract is awarded without competitive bidding as
professional services in accordance with N . J . S . A . 40: 11-5 (1) (a) (i)
of the Local Public Contracts Law because said services are to be
rendered or performed by a person authorized by law to practice a
recognized profession and whose profession is regulated by law; and
BE IT FURTHER RESOLVED that the City Clerk be and hereby is
responsible to retain a copy of the contract for public inspection
and to publish notice of this action once in The Record .
Roll Call: Ayes - Galvis, Trammell, Stein, Zisa
Absent - Mattei
RESOLUTION #52 OFFERED BY: STEIN SECONDED BY: GALVIS
WHEREAS, pursuant to N . J . S . A . 40A: 10-6 et seq., the Mayor and
Council of the City of Hackensack have instituted a self insurance
program by the adoption of Ordinance No . 26-91, creating an
insurance fund and providing for the administration thereof; and
WHEREAS, pursuant to said Statute and Ordinance, it is
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necessary that the Mayor and Council appoint three (3) City
officials to serve as Insurance Fund Commissioners and a Secretary
to the Commission;
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the
City of Hackensack, that the following City Officials be and hereby
are appointed to serve as Insurance Fund Commissioners for a period
of two (2) years to expire on December 31, 1999, or until their
successor (s) have been duly appointed and qualified, whichever
occurs later:
1. Gordon Sieck 2. Louis Garbaccio 3 . Raymond Carnevale
BE IT FURTHER RESOLVED that Gladys Paciullo be and hereby is
appointed to serve as Secretary to the Insurance Fund Commission.
Roll Call: Ayes - Galvis, Trammell, Stein, Zisa
Absent - Mattei
RESOLUTION #53 OFFERED BY: TRAMMELL SECONDED BY: STEIN
WHEREAS, L. & B. Masciulli are the owners and taxpayers of
certain real properties known as Block 206, Lots 7 and 1 3,
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designated as 81 Moore Street and 8 0 Main Street, respectively: and
WHEREAS, the taxpayers filed appeals to their 1996 real
property tax assessments, which matters are presently pending in
the Tax Court of New Jersey; and
WHEREAS, the yearly assessment is $47,900 for Lot 7 and
$162,100 for Lot 13; and
WHEREAS, upon review of information submitted, reductions
appear appropriate; and
WHEREAS, it is the recommendation of the Tax Attorney and Tax
Assessor that these matters should be settled; and
. WHEREAS, said settlement is in the best interests of the City
of Hackensack;
NOW THEREFORE BE IT RESOLVED by the Mayor and Council of the
City of Hackensack that the Tax Counsel be and he is hereby
authorized and directed to execute any and all documents which may
be necessary in order to effectuate a settlement of litigation
entitled " L. Masciulli c/o Cardinal Color v. City of Hackensack" ,
Docket No. 007978 -96 presently pending in the Tax Court of New
Jersey, so that the assessment for Lot 13 be reduced to $117,100
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and the assessment for Lot 7 be retained at $47,900 and not reduced
and that the provisions of the Freeze Act (N. J. S. A. 54: 51A-8) be
incorporated into such settlement documents; and
BE IT FURTHER RESOLVED, that the foregoing settlement is
predicated upon a full waiver of any interest payable to the
taxpayer on the refund .
Roll Call: - Ayes - Galvis, Trammell, Stein, Zisa
Absent - Mattei
RESOLUTION #54 OFFERED BY: TRAMMELL SECONDED BY: STEIN
WHEREAS, Camm Associates is the owner and taxpayer of certain
real properties known as Block 66, Lots 8 and 1 0, designated as 39
Hudson Street and 42 Kansas Street, respectively; and
WHEREAS, the taxpayer filed appeals to its 1996 and 1997 real
property tax assessments, which matters are presently pending in
the Tax Court of New Jersey; and
WHEREAS, the yearly assessment is $2,295,000 for Lot 8 and
$53,600 for Lot 10; and
WHEREAS, upon review of information submitted, reductions
appear appropriate; and
WHEREAS, it is the recommendation of the Tax Attorney and Tax
Assessor that these matters should be settled; and
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WHEREAS, said settlement is in the best interests of the City
of Hackensack;
NOW THEREFORE BE IT RESOLVED by the Mayor and Council of the
City of Hackensack that the Tax Counsel be and he is hereby
authorized and directed to execute any and all documents which may
be necessary in order to effectuate a settlement of litigation
entitled " Camm Associates v . City of Hackensack" , Docket Nos .
003445-96 and 001310-07 presently pending in the Tax Court of New
Jersey, so that the assessment on Lot 8 be reduced to $1,945,400
for 1996 and 1997, and that the assessment for Lot 10 be retained
at $53,600 and not reduced; and
BE IT FURTHER RESOLVED, that the foregoing settlement is
predicated upon a full waiver of any interest payable to the
taxpayer on the refund .
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Roll Call: Ayes - Galvis, Trammell, Stein, Zisa
Absent - Mattei
RESOLUTION #55 OFFERED BY: TRAMMELL SECONDED BY: STEIN
WHEREAS, Tenworth Associates is the owner and taxpayer of
certain real property known as Block 518, Lot 26, designated as 90
Grand Avenue; and
WHEREAS, the taxpayer has filed an appeal to its 1994 and 1995
real property tax assessment, which matters are presently
pending in the Tax Court of New Jer�ey; and
WHEREAS, the assessment for the subj ect property is $593,300 ;
and
WHEREAS, upon review of information submitted, a reduction
appears appropriate for each year; and
WHEREAS, it is the recommendation of the Tax Attorney and Tax
Assessor that this matter should be settled; and
WHEREAS, said settlement is in the best interests of the City
of Hackensack;
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NOW THEREFORE BE IT RESOLVED by the Mayor and Council of the
City of Hackensack that the Tax Counsel be and he is hereby
authorized and directed to execute litigation entitled " Tenworth
Associates v . City of Hackensack" , Docket Nos . 013226-94 and
010148-95 presently pending in the Tax Court of New Jersey, so that
the assessment be reduced to $493,000 for 1994 and 1995 and that
the provisions of the Freeze Act shall apply; and
BE IT FURTHER RESOLVED, that the foregoing settlement is
predicated upon a full waiver of any interest payable to the
taxpayer on the refund .
Roll Call: Ayes - Galvis, Trammell, Stein, Zisa
Absent - Mattei
RESOLUTION #56 OFFERED BY: TRAMMELL SECONDED BY: STEIN
WHEREAS, JM Larkin and others are the owners and taxpayer� of
certain real property known as Block 73, Lot 14, desig�ated as 75
Fair Street; and
WHEREAS, the taxpayers filed appeals to their 1995, 1996 and
1997 real property tax assessment, which matter is presently
pending in the Tax Cour� of New Jersey; and
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WHEREAS, the yearly assessment is $479,000 for 1995 and 1996
and $600,000 for 1997 ; and
WHEREAS, upon review of information submitted, a reduction
appears appropriate; and
WHEREAS, it is the recommendation of the Tax Attorney and Tax
Assessor that these matters should be settled; and
WHEREAS, said settlement is in the best interests of the City
of Hackensack;
NOW THEREFORE BE IT RESOLVED by the Mayor and Council of the
City of Hackensack that the Tax Counsel be and he is hereby
authorized and directed to execute any and all documents which may
be necessary in order to effectuate a settlement of litigation
entitled " Larkin JM & PJ & JB & TA v. City of Hackensack" , Docket
Nos . 010202-95, 008678-96 and 006660-97 presently pending in the
Tax Court of New Jersey, so that the assessments for 1995 and 1996
be retained and that the provisions of the Freeze Act (N . J. S . A.
54: 51A-8) be incorporated into such settlement doc�ents; and
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BE IT FURTHER RESOLVED, that the foregoing settlement is
predicated upon a full waiver of any interest payable to the
taxpayer on the refund .
Roll Call: Ayes - Galvis, Trammell, Stein, Zisa
Absent - Mattei
RESOLUTION #57 OFFERED BY: TRAMMELL SECONDED BY: STEIN
WHEREAS, Paul & Gretta Cooper are the owners and taxpayers of
certain real property known as Block 230, Lot 24. C, designated as
173 Beech Street; and
WHEREAS, the taxpayer filed appeals to their 1995 and 1996
real property tax assessment, which matter is presently pending in
the Tax Court of New Jersey; and
WHEREAS, the yearly assessment is $192,900; and
WHEREAS, upon review of information submitted, reductions
appear appropriate; and
WHEREAS, it is the recommendation of the Tax Attorney and Tax
Assessor that these matters should be settled; and
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WHEREAS, said settlement is in the best interests of the City
of Hackensack;
NOW THEREFORE BE IT RESOLVED by the Mayor and Council of the
City of Hackensack that the Tax Counsel be and he is hereby
authorized and directed to execute any and all documents, in
provision for application of the Freeze Act, which may be necessary
in order to effectuate a settlement of litigation entitled " Cooper,
Paul C. & Gretta v. City of Hackensack", Docket Nos . 010207-95 and
008682-96 presently pending in the Tax Court of New Jersey, so that
the assessments be reduced to $170,000 for both years, and
BE IT FURTHER RESOLVED, that the foregoing settlement is
predicated upon a full waiver of any interest payable to the
taxpayer on the refund.
Roll Call: Ayes - Galvis, Trammell, Stein, Zisa
Absent - Mattei
RESOLUTION #58 OFFERED BY: TRAMMELL SECONDED BY: STEIN
WHEREAS, Gloria Kushman and Sheila Singer are the owners and
taxpayers of certain real property known as Block 100 . H, Lot 2,
designated as 116 So. Newman Street; and
WHEREAS, the taxpayers filed an appeal to their 1995, 1996 and
1997 real property tax assessment, which matter is presently
pending in the Tax Court of New Jersey; and
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WHEREAS, the yearly assessment is $359,900; and
WHEREAS, upon review of information submitted, a reduction
appears appropriate; and
WHEREAS, it is the recommendation of the Tax Attorney and Tax
Assessor that these matters should be settled; and
WHEREAS, said settlement is in the best interests of the City
of Hackensack;
NOW THEREFORE BE IT RESOLVED by the Mayor and Council of the
City of Hackensack that the Tax Counsel be and he is hereby
authorized and directed to execute any and all documents which may
be necessary in order to effectuate a settlement of litigation
entitled "Gloria Kushman and Sheila Singer v. City of Hackensack",
Docket Nos. 009971-95, 008194-96 and 005268-97 presently pending in
the Tax Court of New Jersey, so that the assessment be reduced to
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$300,000 for 1995,1996 and 1997; and
BE IT FURTHER RESOLVED, that the foregoing settlement is
predicated upon a full waiver of any interest payable to the
taxpayer on the refund.
Roll Call: Ayes - Galvis, Trammell, Stein, Zisa
Absent - Mattei
RESOLUTION #59 OFFERED BY: TRAMMELL SECONDED BY: STEIN
WHEREAS, F. William Koestner, Jr. is the owner and taxpayer of
certain real property known as Block 66, Lot 53.A, designated as
61 Hudson Street; and
WHEREAS, the taxpayer filed an appeal to his 1996 real
property tax assessment, which matter is presently pending in the
Tax Court of New Jersey; and
WHEREAS, the yearly assessment is $702,200; and
WHEREAS, upon review of information submitted, a reduction
appears appropriate; and
WHEREAS, it is the recommendation of the Tax Attorney and Tax
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Assessor that these matters should be settled; and
WHEREAS, said settlement is in the best interests of the City
of Hackensack;
NOW THEREFORE BE IT RESOLVED by the Mayor and Council of the
City of Hackensack that the Tax Counsel be and he is hereby
authorized and directed to execute any and all documents which may
be necessary in order to effectuate a settlement of litigation
entitled "F. William Koestner Jr. v. City of Hackensack", Docket
No. 008558-96 presently pending in the Tax Court of New Jersey, so
that the assessment be reduced to $625,000 for 1996 and that the
provisions of the Freeze Act (N.J.S.A. 54:51A-8) be incorporated
into such settlement documents; and
BE IT FURTHER RESOLVED, that the foregoing settlement is
predicated upon a full waiver of any interest payable to the
taxpayer on the refund.
Roll Call: Ayes - Galvis, Tr ammell, Stein, Zisa
Absent - Mattei
RESOLUTION #60 OFFERED BY: GALVIS OFFERED BY: TRAMMELL
BE IT RESOLVED by the City C ��ncil of the City of Hackensack
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that the bills in the following accounts be and are hereby ordered
paid:
Current Fund Account $ 1,432,864.59
Public Assistance II Account 20,959.52
Capital Account 222,170.86
Public Parking System Account 3,560.15
Payroll Agency Account 96,119.88
BE IT FURTHER RESOLVED that said bills are on file as a public
record in the office of the Chief Financial Officer.
Roll Call: Ayes - Galvis, Trammell, Stein, Zisa
Absent - Mattei
RESOLUTION #61 OFFERED BY: TRAMMELL SECONDED BY: GALVIS
RESOLUTION DETERMINING THE FORM AND OTHER DETAILS OF
$12, 445,000 GENERAL OBLIGATION BONDS CONSISTING OF $9,695,000
GENERAL IMPROVEMENT BONDS AND $2,750,000 PARKING UTILITY BONDS OF
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THE CITY OF HACKENSACK, IN THE COUNTY OF BERGEN, NEW JERSEY AND
PROVIDING FOR THEIR SALE.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HACKENSACK,
IN THE COUNTY OF BERGEN, NEW JERSEY AS FOLLOWS;
Section 1. The $9,695,000 General Improvement Bonds of the
City of Hackensack, in the County of BERGEN, New Jersey (the
"City") referred to and described in the resolution adopted by the
City Council pursuant to the Local Bond Law of the State of New
Jersey on February 17, 1998 and entitled, "Resolution Providing for
the Combination of Certain Issues of General Improvement Bonds and
Parking Utility Bonds of the City of Hackensack, New Jersey into
Two Separate Issues of Bonds Aggregating $12,445,000 in Principal
Amount," shall be issued as general improvement bonds (hereinafter
referred to as the "General Improvement Bonds"). The General
Improvement Bonds shall mature in the principal amounts on March 15
in each of the years as follows.
Year Principal Amount Year Principal Amount
1999 $325,000 2009 $500,000
2000 325,000 2010 500,000
2001 350,000 2011 550,000
2002 350,000 2012 550,000
2003
2004
2005
2006
375,000
375,000
400,000
400,000
2013
2014
2015
2016
600,000
600,000
600,000
600,000
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2007 .500,000 2017 650,000
2008 500,000 2018 645,000
The General Improvement Bonds shall be subj ect to redemption prior
to maturity in accordance with the terms provided in the Notice of
Sale authorized herein. The General Improvement Bonds shall be
twenty in number, with one certificate being issued for each year
of maturity, and shall be numbered GI-1 to GI-20, inclusive.
Section 2. The $2,750,000 Parking Utility Bonds of the City
referred to and described in the resolution adopted by the City
Council pursuant to the Local Bond Law of the State of New Jersey
on February 17, 1998 and entitled, "Resolution Providing for the
Combination of Certain Issues of General Improvement Bonds and
Parking Utility Bonds of the City of Hackensack, New Jersey into
Two Separate Issues of Bonds Aggregating $12,445,000 in Principal
Amount," shall be issued as parking utility bonds (hereinafter
referred to as the "Parking Utility Bonds). The Parking Utility
Bonds shall mature in the prinqipal amounts on March 15 in each of
the years as follows:
Year
1999
2000
Principal Amount
$100,000
100,000
Year
2009
2010
Principal Amount
$150,000
150,000
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2001 100,000 2011 150,000
2002 125,000 2012 150,000
2003 125,000 2013 150,000
2004 125,000 2014 150,000
2005 125,000 2015 150,000
2006 150,000 2016 150,000
2007 150,000 2017 150,000
2008 150,000 2018 150,000
The Parking Utility Bonds shall be subj ect to redemption prior to
maturity in accordance with the terms provided in the Notice of
Sale authorized herein. The Parking Utility Bonds shall be twenty
in number, with one certificate being issued for each year of
maturity, and shall be numbered PU-1 to PU-20, inclusive.
Section 3. The General Improvement Bonds and the Parking
Utility Bonds collectively are sometimes referred to hereinafter as
the "Bonds".
I
Section 4. The Bonds will be issued in fully registered from.
Both principal of and interest on the Bonds will be payable in
lawful money of the United States of America. Each certificate
will be registered in the name of Cede & Co. , as nominee of The
Depository Trust Company, New York, New York, which will act as
securities depository (the "Securities Depository"). The
certificates will be on deposit with The Depository Trust Company.
The Depository Trust Company will responsible for maintaining a
book-entry system for recording the interests of its participants
or the transfers of the interests among its participants. The
participants will be respons �ble for maintaining records recording
the beneficial ownership interests in the Bonds on behalf of
individual purchasers. Individual purchases may be made in the
amount of $5,000 or any integral multiple thereof through book
entries made on the books and the records of The Depository Trust
Company and its participants. The Bonds will bear interest payable
on September 15, 1998 and semi-annually thereafter on the fifteenth
days of March and September in each year until maturity at a rate
per annum, expressed in a multiple of 1/8 or 1/20 of 1% and
proposed by the successful bidder in accordance with the Notice of
Sale authorized herein. The principal of and the interest on the
Bonds will be paid by the City to the Registered Owners as of March
1 and September 1 next preceding the date of such payments (the
"Record Dates" for the Bonds"). The Bonds shall be executed by the
manual or facsimile signatures of the Mayor and the Chief Financial
I
Officer under the official seal affixed, printed, engraved or
reproduced thereon and attested by the manual signature of the City
Clerk.
Section 5. The Bonds shall be substantially in the following
form with such additions, deletions and omissions as may be
necessary for the City to conform with the requirements of the
Depository Trust Company.
REGISTERED REGISTERED
NUMBER A. $
UNITED STATES OF AMERICA
STATE OF NEW JERSEY
CITY OF HACKENSACK
COUNTY OF BERGEN
B. ____ BOND
DATE OF INTEREST
ORIGINAL MATURITY RATE
ISSUE: DATE: PER ANNUM: CUSIP:
March 15, 1998 March 15th %
I CITY OF HACKENSACK, IN THE COUNTY OF BERGEN, a municipal
corporation of the State of New Jersey (the "City"), hereby
acknowledges itself indebted and for value received promises to pay
to CEDE & CO. on the Maturity Date specified above, upon
presentation and surrender of this bond, the principal sum of
DOLLARS ( $ ) and to pay interest on such sum from the Date of
•
Original Issue of the bond until it matures at the Interest Rates
Per Annum specified above on September 15, 1998 and semi-annually
thereafter on the fifteenth days of March and September in each
year until maturity. Interest on this Bond will be mailed by the
City to the Registered Owner as of March 1 and September 1 next
preceding the date of such payments. Principal of this bond, when
due, will be paid by the City to the Registered Owner upon
presentation and surrender of this bond to the City.
No transfer of this bond shall be valid unless made on the
registration books of the City and by surrender of this bond
(together with a written instrument of transfer satisfactory to the
City duly executed by the Registered Owner or by his or her duly
authorized attorney) and the issuance of a new bond or bonds in the
same form and tenor as the original bond except for the differences
in the name of its Registered Owner and the denominations. The
I
owner of any bond or bonds may surrender same (together with a
written instrument of transfer satisfactory to the City duly
executed by the Registered Owner or by his or her duly authorized
attorney), in exchange for an equal aggregate principal amount of
bonds of any authorized denominations.
The bonds maturing prior to March 15, 2008 are not subject to
redemption prior to their stated maturities. The bonds maturing on
or after March 15, 2009 are redeemable at the option of the City in
whole or in part on any date on or after March 15, 2008 at the
respective prices expressed as percentages of principal amount set
forth below (the " Redemption Price" ), plus in each case accrued
interest to the date fixed for redemption:
Redemption Period Redemption
(both dates inclusive) Price
March 15, 2008 to March 14, 2009 102%
March 15, 2009 to March 14, 2010 101%
March 15, 2010 and thereafter 100%
Notice of Redemption shall be given by publishing such notice
once a week for two (2) successive weeks in a newspaper of general
circulation that carries financial news, is printed in the English
I
language and is customarily published on each business day in the
State of New York, the first of such publications to be at least
thirty but not more than sixty days before the date fixed for
redemption. Notice of Redemption also shall be given by mailing by
first class mail in a sealed envelope with postage prepaid to the
registered owners of the bonds not less than thirty (30) days, nor
more than sixty days prior to the date fixed for redemption, at
their respective addresses as they last appear on the registration
books kept for that purpose by the City or a duly appointed Bond
Registrar. The bonds are part of a combined issue of bonds in the
aggregate principal amount of $12,445,000. If the City determines
to redeem a portion of a particular maturity of the combined issued
of bonds, the bonds to be redeemed shall be selected by such method
as the City shall determine.
If Notice of Redemption has been given as provided herein, the
bonds or the portion thereof called for redemption shall be due and
payable on the date fixed for redemption at the Redemption Price,
together with accrued interest to the date fixed for redemption.
Interest shall cease to accrue on the bonds after the date fixed
for redemption and no further interest shall accrue beyond the
redemption date.
This bond is one of an authorized issue of bonds issued
I
pursuant to the Local Bond Law of the State of New Jersey, a
resolution of the City Council adopted February 17, 1998 and
entitled, " Resolution Providing for the Combination of Certain
Issues of General Improvement Bonds and Parking Utility Bonds of
the City of Hackensack, in the County of Bergen, New Jersey into
Two Separate Issues of Bonds Aggregating $12,445,000 in Principal
Amount," and the various bond ordinances referred to therein, each
in all respects duly approved and published as required by law (the
" Authorization Proceedings" ).
The full faith and credit of the City are hereby irrevocable
pledged for the punctual payment of the principal of and the
interest on this bond according to its terms.
It is hereby certified and recited that all conditions, acts
and things required by the Constitution or the statutes of the
State of New Jersey to exist, to have happened or to have been
performed precedent to or in the issuance of this bond exist, have
happened and have been preformed and the issue of bonds of which
this is one, together with all other indebtedness of the City, is
within every debt and other limit prescribed by such Constitution
or statutes.
I IN WITNESS WHEREOF, the CITY OF HACKENSACK, IN THE COUNTY OF
BERGEN, New Jersey has caused this bond to be executed in its name
by the manual or facsimile signatures of its Mayor and its Chief
Financial Officer, its corporate seal to be hereto imprinted or
affixed, this bond and the seal to be attested by the manual
signature of the City Clerk, and this bond to be dated the Date of
Original Issue as specified above.
CITY OF HACKENSACK, IN THE
COUNTY OF BERGEN, NEW JERSEY
ATTEST:
By: (Facsimile)
Mayor
By:��...,.-�������� By: (Facsimile)
City Clerk Chief Financial Officer
(Assignment Provision of Back of Bond)
ASSIGNMENT
I the within bond and irrevocably appoints , as Attorney, to
transfer this bond on the registration books of the City, with full
power of substitution and revocation.
NOTICE: .The signature of this
assignment must correspond with
the name as it appears on the face
of the within bond in every
particular.
Dated:
Signature Guarantee:
Section 6. In each of the $9,695,000 General Improvement
Bonds the following language should be inserted in the places
indicated by the corresponding letter in the form of the Bonds set
forth in Section 5:
A. GI- B. General Improvement Bond
Section 7. In each of the $2,750,000 Parking Utility Bonds
the following language should be inserted in the places indicated
by the corresponding letter in the form of the Bonds set forth in
I
Section 5: A. PU - B. Parking Utility Bond
Section B. The Bonds shall be sold upon sealed proposals on
March 18, 1998 at 11:00 a.m. by the Chief Financial Officer at the
offices of the City's Bond Counsel, Lowenstein, Sandler, Kohl,
Fisher & Boylan, 65 Livingston Avenue, Roseland, New Jersey 07068
in accordance with the Notices of Sale authorized herein. The City
Clerk is hereby directed to arrange for the publication of the
Notices of Sale in the form provided in Section 9 hereof in the
Bergen Record and to arrange for the publication of the Summary of
Notice of Sale in the form provided in Section 10 hereof in The
Bond Buyer, a financial newspaper published and circulating in the
City of New York, New York, such publications to be not less than
seven days prior to the date of sale. Pursuant to N.J.S.A. 40A:2-
34, the City Council hereby designates the Chief Financial Officer
as financial officer to sell and to award the Bonds in accordance
with the Notice of Sale authorized herein, and such Financial
Officer shall report in writing the results of the sale to this
City Council as required by law.
Section 9. The Notice of Sale shall be substantially in the
following form:
CITY OF HACKENSACK
I
COUNTY OF BERGEN,
NEW JERSEY
NOTICE OF $12,445,000 GENERAL OBLIGATION BOND SALE
CONSISTING OF
$9,695,000 GENERAL IMPROVEMENT BONDS and
$2,750,000 PARKING UTILITY BONDS
CALLABLE
BOOK-ENTRY BONDS
(NOT BANK QUALIFIED)
SEALED PROPOSALS will be received by the Chief Financial
Officer of the City of Hackensack, in the County of Bergen, New
Jersey (the "City") at the offices of the City's Bond Counsel,
Lowenstein, Sandler, Kohl, Fisher & Boylan, 65 Livingston Avenue,
Roseland, New Jersey 07068 on Wednesday, March 18, 1998 until 11:00
a.m., at which time they will be publicly opened and announced for
the purchase of the following Bond� of the City due (subject to
redemption) on March 15 as follows:
General Improvement Bonds
Year Principal Amount Year Principal Amount
1999 $325,000 2009 $500,000
2000
2001
2002
2003
325,000
350,000
350,000
375,000
2010
2011
2012
2013
500,000
550,000
550,000
I
600,000
2004 375,000 2014 600,000
2005 400,000 2015 600,000
2006 400,000 2016 600,000
2007 500,000 2017 650,000
2008 500,000 2018 645,000
Parking Utility Bonds
Year Principal Amount Year Principal Amount
1999 $100,000 2009 $150,000
2000 100,000 2010 150,000
2001 100,000 2011 150,000
2002 125,000 2012 150,000
2003 125,000 2013 150,000
2004 125,000 2014 150,000
2005 125,000 2015 150,000
2006 150,000 2016 150,000
2007 150,000 2017 150,000
2008 150,000 2018 150,000
The combined maturity schedule for the Bonds is as follows:
I
Year Principal Amount Year Principal Amount
1999 $425,000 2009 $650,000
2000 425,000 2010 650,000
2001 450,000 2011 700,000
2002 475,000 2012 700,000
2003 500,000 2013 750,000
2004 500,000 2014 750,000
2005 525,000 2015 750,000
2006 550,000 2016 750,000
2007 650,000 2017 800,000
2008 650,000 2018 795,000
All bidders for the Bonds must be participants of The
Depository Trust Company, New York, New York or affiliated with its
participants. The Bonds will be issued in book-entry form only, in
the form of one certificate for the aggregate principal amount of
each series of Bonds maturing in each year and will be payable as
to both principal and interest in lawful money of the United States
of America. Each Bond will be registered in the name of Cede &
Co. , as nominee of The Depository Trust Company, New York, New
York, which will act as securities depository. The bonds will be
on deposit with The Depository Trust Company.
I The Bonds will be dated March 15, 1998 and will bear interest
at the rate per annum specified by the successful bidder therefor
in accordance herewith, payable on September 15, 1998 and semi
annually thereafter on the fifteenth day of March and September in
each year until maturity to the Registered Owner as of March 1 and
September 1 next preceding each interest payment date. the
principal of the Bonds, when due, will be payable at the City, upon
•urrender of the Bonds.
The Bonds maturing prior to March 15, 2008 are not subj ect to
redemption prior to their stated maturities. These bonds maturing
on or after March 15, 2009 are redeemable at the option of the City
in whole or in part on any date on or after March 15, 2008 at the
respective prices expressed as percentages of principal amount set
forth (the "Redemption Price"), plus in each case accrued interest
to the date fixed for redemption:
Redemption Period Redemption
(both dates inclusive) Price·
March 15, 2008 to March 14, 2009 102%
March 15, 2009 to March 14, 2010 101%
March 15, 2010 and thereafter 100%
I
Each proposal must specify:
a. a single rate of interest that the Bonds are to bear, in
a multiple of 1/8 or 1/20 of 1%;
b. the principal amount of Bonds the bldder will accept,
which shall be $12, 445, 000 or any lesser amount that is a multiple
of $1, 000, the Bonds accepted being the first to mature: and
c. the price the bidder will pay, which shall be not less
than $12, 445, 000 nor more than $12, 446, 000.
The Bonds will be sold to the bidder specifying the lowest
rate of interest. As between such proposals specifying the same
rate of interest, the Bonds will be sold to the bidder who offers
to accept the least amount of Bonds. If two or more such bidders
offer to accept the same amount of Bonds, then the Bonds will be
sold to such bidder offering to pay therefor the highest price. If
two or more such bidders offer to pay the same price, then the
Bonds will be sold to one of such bidders selected by lot from
amount all such bidders. The purchases must also pay an amount
equal to the interest on the Bonds accrued to the date of payment
of the purchase price.
The right is reserved to rej ect all bids, and any bid not
I
complying with the terms of this notice will be rej ected.
Each bidder is required to deposit a certified, treasurer's or
cashier's check payable to the order of the CITY OF HACKENSACK for
$248, 900 drawn upon a bank or trust company, and such check must be
enclosed with the proposal. When the successful bidder has been
ascertained, all such deposits will be promptly returned to the
persons making them, except the check of the successful bidder,
which will be applied in part payment for the Bonds or to secure
the City from any loss resulting from the failure of the bidder to
comply with the terms of its bid. Award of the Bonds to the
successful bidder or rej ection of all bids is expected to be made
within two hours after opening of the bids, but such successful
bidder may not withdraw its proposal until after 2: 00 p. m. of the
day of such bid-opening and then only if such award has not been
made prior to the withdrawal.
The Bonds will be delivered within 30 days of the date of sale
at the offices of the City's bond counsel, Lowenstein, Sandler,
Kohl, Fisher & Boylan, Roseland, New Jersey or at such other place
as may be agreed upon with the successful bidder. PAYMENT FOR THE
BONDS AT THE TIME OF ORIGINAL ISSUANCE AND DELIVERY SHALL BE BY
I
WIRE IN IMMEDIATELY AVAILABLE FUNDS.
Each proposal must be enclosed in a sealed envelope and should
be marked on the outside "Proposal for Bonds". If mailed,
proposals should be addressed to the undersigned, c/o John L.
Kraft, Esq. , at the offices of the City's Bond Counsel, Lowenstein,
Sandler, Kohl, Fisher & Boylan, Roseland, New Jersey 07068.
The successful bidder at its option may refuse to accept the
Bonds if prior to their delivery any change in the Internal Revenue
Code of 1986, as amended (the "Code") shall provide that the
interest thereon is includable or shall be includable in gross
income at a future date for federal income tax purposes. In such
case the deposit made by the bidder shall be returned and the
bidder will be relieved of its contractual obligations arising from
the acceptance of its proposal.
If the Bonds qualify for issuance of any policy of municipal
bond insurance, the purchaser of the Bonds may, at its sole option
and expense, purchase such insurance. Any failure of the bonds to
be so insured shall not in any way relieve the purchaser of its
contractual obligations arising from the acceptance of its proposal
for the purchase of the bonds.
It is anticipated that CUSIP identification numbers will be
I
printed on the Bonds. The CUSIP Service Bureau charge for the
assignment of the numbers shall be the responsibility of and shall
be paid for by the purchaser.
The obligation hereunder to deliver and to accept the Bonds
shall be conditioned on the availability and the delivery at the
time of delivery of the Bonds of the approving opinion of the law
firm of Lowenstein, Sandler, Kohl, Fisher & Boylan, Roseland, New
Jersey, which will be furnished without cost to the successful
bidder, such opinion to be substantially in the form set forth in
the Official Statement distributed in preliminary form in
connection with the sale of the Bonds and certificates in form
satisfactory to that law firm evidencing the proper execution and
delivery of the Bonds, the receipt of payment therefor, the
compliance with the requirements of the Code necessary to preserve
tax exemption and the absence of litigation pending or (to the
knowledge of the signer or signers thereof) threatened affecting
the validity of t�e Bonds. A copy of the approving opinion will
appear on or be attached to the Bonds.
The Bonds are subj ect to the requirements of SEC Rule 1 5c2-12
with respect to Secondary Market Disclosure. The obligation to
accept delivery of the Bonds is conditioned upon delivery to the
purchaser of a written undertaking by the City to provide Secondary
Market Disclosure as set forth in SEC Rule 15c2-12, in form
I
approved by Bond Counsel.
The City has authorized the distribution of a preliminary
official statement deemed final for purposes of Rule 15c2-12 of the
Securities and Exchange Commission. Final official statements will
be delivered to the purchaser of the Bonds within the earlier of
seven business days following the sale of the Bonds.
The successful bidder will be required to certify the initial
offering prices to the public (excluding bond houses and brokers)
at which a substantial amount of the Bonds of each maturity were
sold.
Isl LOUIS J. GARBACCIO
Chief Financial Officer
Section 10. The Sununary of Notice of Sale shall be
substantially in the following form:
CITY OF HACKENSACK, IN THE
COUNTY OF BERGEN,
I NEW JERSEY
SUMMARY OF NOTICE OF
$12,445,000 GENERAL OBLIGATION BOND SALE
CONSISTING OF
$9,695,000 GENERAL IMPROVEMENT BONDS AND
$2,750,000 PARKING UTILITY BONDS
CALLABLE
BOOK-ENTRY BONDS
(NOT BANK QUALIFIED)
SEALED PROPOSALS will be received by the Chief Financial
Officer of the City of Hackensack, in the County of Bergen, New
Jersey (the "City") at the offices of the City's Bond Counsel,
Lowenstein, Sandler, Kohl, Fisher & Boylan, Roseland, New Jersey
07068 on Wednesday, March 18 , 1998, until 11: 00 a. m. for the
purchase of the above Bonds of the City dated March 15, 1998 and
due (subj ect to redemption) on March as Follows:
The combined maturity schedule for the Bonds is as follows:
Year Principal Amount Year Principal Amount
1 999 $425,000 2009 $650,000
I
2000 425,000 2010 650,000
2001 450,000 2011 700,000
2002 475,000 2012 700,000
2003 500,000 2013 750,000
2004 500,000 2014 750,000
2005 525,000 2015 750,000
2006 550,000 2016 750,000
2007 650,000 2017 800,000
2008 650,000 2018 795,000
The Bonds will be issued in book-entry form only, in the form
of one certificate for the aggregate principal amount of each
series of Bonds maturing in each year. The City will furnish the
Bonds and the approving legal opinion of Lowenstein, Sandler, Kohl,
Fisher & Boylan.
The Bonds will bear interest at a rate of interest in a
multiple of 118 or 1120 of 1% per annum specified by the successful
bidder payable on September 15, 1998 and semi-annually thereafter
on fifteenth days of March and September in each year until
maturity. The Bonds will be sold to the bidder specifying the
lowest rate of interest in accordance with the Notice of Sale.
The Bonds are subj ect to redemption at the option of the City
in accordance with the Notice of Sale.
I The Bonds are subj ect to the requirements of SEC Rule 15c2-12
with respect to Secondary Market Disclosure.
The Notice of Sale, the Official Statement and bid forms are
available by contacting Louis J. Garbaccio, Chief Financial Officer
at the City of Hackensack, 65 Central Avenue, Hackensack, New
Jersey 07601 (201) 646-3935.
Isl LOUIS J. GARBACCIO
Chief Financial Officer
Section 11. The Bonds shall have printed thereon or attached
thereto a copy of the written opinion with respect to the Bonds
that is to be rendered by the law firm of Lowenstein, Sandler,
Kohl, Fisher & Boylan, complete except for omission of its date.
Section 12. The law firm of Lowenstein, Sandler, Kohl, Fisher
& Boylan is authorized to arrange for the printing of the Bonds and
the printing of the Official Statement to be prepared by the
Auditor and City Official. Lowenstein, Sandler, Kohl,- Fisher &
Boylan is also authorized to arrange for the distribution of the
I
Preliminary Official Statement on behalf of the City to those
financial institutions that customarily submit bids for such Bonds.
The Mayor and the Chief Financial Officer are authorized to execute
any certificates necessary in connection with the distribution of
the Official Statement.
Section 13. The City's Auditor is authorized to apply for a
rating on the Bonds from Moody's Investors Service and Standard &
Poor's Corporation.
Section 14. The City hereby covenants that it will comply
with any conditions subsequent imposed by the Code in order to
preserve the exemption from taxation of interest on the Bonds,
including the requirement to rebate all net investment earnings on
the gross proceeds above the yield on the Bonds.
Section 15. The City is hereby authorized to make
representations and warranties, to enter into agreements and to
make all arrangements with The Depository Trust Company, New York,
New York, as may be necessary in order to provide that the Bonds
will Be eligible for deposit with The Depository Trust Company and
to satisfy any obligation undertaken in connection therewith.
Section 16. In the event that The Depository Trust Company
may determine to discontinue providing its service with respect to
I
Bonds or is removed by the City and if no successor Securities
Depository is appointed, the Bonds which were previously issued in
book-entry form shall be registered in names of the beneficial
owners under the book-entry system. Upon such registration, the
beneficial owners, will become the Registered Owners of the Bonds.
The City shall be obligated to provide for the execution and
delivery of the new registered Bonds without charge to the
beneficial owners.
Section 17. The City shall enter into an undertaking to
provide Secondary Market Disclosure as required by SEC Rule 15c2-
1 2. The Mayor and the Chief Financial Officer are authorized to
execute the undertaking on behalf of the City.
Section 18. This resolution shall take effect immediately.
Roll Call - Ayes - Galvis, Trammell, Stein, Zisa
Absent - Maattei
RESOLUTION #62 OFFERED BY: STEIN SECONDED BY: TRAMMELL
RESOLUTION PROVIDING FOR THE COMBINATION OF CERTAIN ISSUES OF
GENERAL IMPROVEMENT BONDS AND PARKING UTILITY BONDS OF THE CITY OF
HACKENSACK, IN THE COUNTY OF BERGEN, NEW JERSEY INTO TWO SEPARATE
ISSUES OF BONDS AGGREGATING $12,445,000 IN PRINCIPAL AMOUNT.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HACKENSACK,
IN THE COUNTY OF BERGEN, NEW JERSEY AS FOLLOWS: I
Section 1. Pursuant to the provisions of N. J. S. A. 40A: 2-26 (f),
General Improvement Bonds of the City of Hackensack in the County
of Bergen, New Jersey (the "City") authorized pursuant to the
following bond ordinances of the City, shall be combined into a
single issue of General Improvement Bonds in the principal amount
of $9,695,000:
Description of
Improvement and
Principal Amount Number of Date of Adoption Useful
of Bonds Ordinance of Ordinance Life
$ 500,000 5-89 Providing for 40 years
various improvements
to the sewage system,
finally adopted
March 20, 1989
I $ 657,000 12-92 as
supplemented
by Bond
Providing for
various capital
improvements, finally
10 years
Ordinance adopted August 17,
No. 23-94 1992, as supplemented
on July 18, 1994
$ 165,000 13-92 Providing for 7. 78 years
various capital
improvements,
finally adopted
October 5, 1994
$5,199,000 5-93 as Providing for the 30 years
supplemented construction of a
Bond Ordinance DPW facility, finally
No. 13-94 adopted June 21, 1993,
as supplemented on
April 4, 1993
$ 332,000 9-93 Providing for 8. 33 years
various capital
improvements,
finally adopted
I
August 2, 1 993
$ 238,000 14-93 Providing for the 10 years
repaving of various
streets and parking
areas, finally
adopted November 15,
1993
$ 280,000 12-94 Providing for the 10 years
acquisition of a fire
pumper truck, finally
adopted March 21, 1994
$ 137,000 16-94 Providing for the 10 years
reconstruction of West
Railroad Avenue,
finally adopted April
18, 1994
$ 317,000 24-94 Providing for the 5. 53 years
various capital
improvements, finally
adopted July 18, 1994
I
$ 605,000 26-94 Providing for the 10 years
1994 Road Resurfacing
and Reconstruction
Program, finally
adopted September 7,
1994
$ 230,000 2-95 Providing for the 10 years
resurfacing of a
portion of State
Street, finally
adopted April 3, 1995
$ 157, 0 0 0 6-95 Providing for the 1 0 years
acquisition and the
installation of a
computer system for
the Conununity
Development Department,
finally adopted April
3, 1995
I
$ 665,0 0 0 1 0 -95 Providing for 8. 87 years
various capital
improvements, finally
adopted June 19, 1995
$ 213,0 0 0 5-96 Providing for sewer 40 years
improvements to
Anderson and Court
Street Pumping Stations,
finally adopted
February 20, 1996
$9,695,0 0 0 22. 61
Section 2. Pursuant to the provisions of N. J. S. A. 40A2-26 (f ) ,
Parking Utility Bonds of the City authorized pursuant to the
following ordinances of the City, shall be combined into a single
issue of Parking Utility Bonds in the principal amount of
$2,750,0 0 0 :
Description of
Improvement and
Principal Amount Number of Date of Adoption Useful
of Bonds Ordinance of Ordinance Life
$2,550,0 0 0 13-88 Providing for the 30 years
I
construction of a
four-tiered open
parking structure,
finally adopted
June 20, 1988
$ 200 , 0 00 26-95 Providing for the 40 years
acquisition of land,
finally adopted
November 20, 1995
$2,750,0 0 0 30. 72
Section 3. The General Improvement Bonds and the Parking
Utility Bonds are hereinafter collectively sometimes referred to as
the "Bonds" .
Section 4. The following matters are hereby determined with
respect to the combined issue of Bonds:
(a ) The average period of usefulness of the General
Improvement Bonds is 22 . 61 years.
(b ) The average period of usefulness of the Parking Utility
Bonds is 30 . 72 years
(c ) The Bonds of the combined issues shall be sold and issued
in accordance with the provisions of the Local Bond Law applicable
I
to the sale and the issuance of bonds authorized by a single bond
ordinance and, accordingly , may be sold with other issues of bonds.
Section 5. The following additional matters are hereby
determined, declared, recited and stated.
(a ) None of the Bonds described in this resolution have been
sold or issued, and the bond ordinances described in this
resolution have not been rescinded and now remain in full force and
effect as authorizations for the respective amounts of bonds set
opposite the descriptions of the bond ordinances .
(b) The purposes or improvements authorized by the respective
bond ordinances described in this resolution hereof are purposes
for which bonds may be issued pursuant to the Local Bond Law and
are all purposes for which no deduction has been taken in any
I
annual or supplemental debt statement .
Section 6. This resolution shall take effect immediately .
Roll Call - Ayes - Galvis, Trammell, Stein, Zisa
Absent - Mattei
RESOLUTION #63 OFFERED BY: STEIN SECONDED BY: TRAMMELL
WHEREAS, on December 15, 1 9 9 7, bids were received for the
construction of CSO Screening Facilities at Court Street and
Anderson Street in the City of Hackensack, and
WHEREAS, said bids substantially exceed the cost estimates for
the proj ect and the funds available for the project ;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Hackensack that all bids received by the City on December 15,
1 9 9 7 , for the construction of CSO Screening Facilities at Court
Street and Anderson Street, be and hereby are rej ected ; and
BE IT FURTHER RESOLVED that the appropriate City Officials
take all necessary actions to re-bid the project .
Roll Call : Ayes - Galvis, Trammell, Stein, Zisa
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Absent - Mattei
The introduction of the 1 9 98 Municipal Budget, offered by
Stein, seconded by Trammell is on file in the office of the City
Clerk as a permanent record .
Mrs . Dukes advised the Mayor that her Docket was completed .
Mayor Zisa thanked her and thanked the City Manager for give
us a zero increase in the budget for 1 9 98. He asked the City
Manager if he had anything to report.
Mr . Lacava stated a $150,000 in aid was received today from
the state. It will be included when the budget is adopted .
Mayor Zisa asked the Attorney and members of Council if they
had anything to report . They did not .
The Mayor opened the meeting to the public for discussion of
City business .
Sam Cassius, Clay Street, advised that the sewer problem on
Clay Street still exists . Mayor Zisa said there is an on-going
investigation toward a resolving the problem .
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Jack Donovan, Willow Avenue, again addressed City employees
moving out of the City because of taxes .
Dorothy Schwartz, 4 7 Prospect Avenue, spoke on the CPI figure
for rental increases .
· Deborah Green, Attorney representing Carbro Construction, the
low ' bidder on the CSO proj ect . She obj ected to all bids being
rej ected . She submitted a letter to the effect .
City Attorney Salkin pointed' out that the bid prices exceeded
the minimum cost estimate. The City did not have the funds to
award a contract. The low bid did not require a hearing.
Motion offered by Stein, seconded by Galvis, that the public
hearing be closed and the meeting be adj ourned. Carried (9: 15 P. M)
MAY ��I �A
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ATTEST:
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