City Council
Regular MeetingHackensack, NJ · November 5, 2001
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 Monday, November 5th, 2001, at 8:00 P. M.
Mayor Zisa called the meeting to order and asked everyone to
stand for the flag salute.
The Mayor then asked the City Clerk to call the roll.
Present - Councilmen Roger B. Mattei and Jesus R. Galvis,
I Deputy Mayor Juanita Trammell, Councilman Mark A.
F. Zisa, City Manager
and City Attorney Richard E. Salkin.
James S. Lacava, City
Stein, Mayor John
Clerk Doris L. Dukes
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
meeting held October 15th, 2001.
Motion offered by Stein, seconded by Trammell that the minutes
be approved as submitted. Carried.
FINAL ADO PTION OF ORDINANCE NO. 9-2001 ENTITLED: " BOND
ORDINANCE PROVIDING FOR THE RE CONSTRUCTION OF CHURCH STREET AND
MOORE STREET IN AND BY THE CITY OF HA C KENSA C K, IN THE COUNTY OF
BERGEN, NEW JERSEY, A P PROPRIATING $147,000 THERE FOR, IN CLUDING
$99,000 EXPE CTED TO BE RE CEIVED FROM THE STATE OF NEW JERSEY
DE PARTMENT OF TRANS PORTATION AND AUTHORIZING THE ISSUANCE OF
$140,000 BONDS OR NOTES OF THE CITY T O FINANCE PART OF THE COST
I THEREOF".
Mayor Zisa: "This ordinance has been advertised pursuant to
law and now calls for a public hearing. Will someone so move?"
Motion offered by Stein, seconded by Mattei, that there be a
public hearing. Carried
Mayor Zisa asked if anyone wished to he heard on this
ordinance. There was no response.
Motion offered by Trammell, seconded by Mattei, that the
public hearing be closed. Carried
RESOLUTION #288 O F FERED BY: MATTEI SECONDED BY: STEIN
BE IT RESOLVED by the City Council of the City of Hackensack,
County of Bergen and State of New Jersey, that Ordinance No. 9-2001
entitled: " BOND ORDINANCE PROVIDING FOR THE RE CONSTRUCTION OF
CHURCH STREET AND MOORE STREET I N AND BY THE CITY OF HACKENSA CK, IN
THE COUNTY OF BERGEN, NEW JERSEY, A P PRO PRIATING $147,000 THEREFOR,
I
INCLUDING $99,000 EXPE CTED TO BE RE CEIVED FROM THE STATE OF NEW
JERSEY DE PARTMENT OF TRANS PORTAION AND AUTHORIZING THE ISSUANCE O F
$140,000 BONDS OR NOTES OF THE CITY TO FINANCE PART OF THE COST
THEREOF", pass its second and final reading and is hereby adopted.
Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa
FINAL ADO PTION OF ORDINANCE NO. 10-2001 ENTITLED: "BOND
ORDINANCE PROVIDING A SUP PLEMENTAL A P PRO PRIATION OF $157,500 FOR
THE RENOVATIONS TO THE FORMER BRANCH LIBRARY IN AND BY THE CITY O F
HACKENSA CK, IN THE COUNTY O F BERGEN, NEW JERSEY AND AURHORIZING THE
ISSUANCE OF $ 150,000 BONDS OR NOTES OF THE CITY FOR FINANCING PART
OF THE APPROPRIATION".
Mayor Zisa: "This ordinance has been advertised pursuant to
law and now calls for a public hearing. Will someone so move?"
Motion offered by Trammell, seconded by Stein, that there be a
public hearing. Carried
Mayor Zisa asked if anyone wished be heard on this ordinance.
Len Nix, 83 Elm Avenue asked the total cost for this proj ect
and was advised by the City Manager that it was about $250,000.00
I
of which, almost all of it comes from grant monies.
Motion offered by Galvis, seconded by Trammell, that the
public hearing be closed. Carried
RESOLUTION #289 OFFERED BY: STEIN SECONDED BY: TRAMMELL
BE IT RESOLVED by the City Council of the City of Hackensack,
County of Bergen and State of New Jersey, that Ordinance No. 10-
2001 entitled: "BOND ORDINANCE PROVIDING A SUPPLEMENTAL
APPROPRIATION OF $157,500 FOR THE RENOVATIONS TO THE FORMER BRANCH
LIBRARY IN AND BY THE CITY OF HACKENSACK IN THE COUNTY OF BERGEN,
NEW JERSEY AND AUTHORIZING THE ISSUANCE OF $150,000 BONDS OR NOTES
OF THE CITY FOR FINANCING PART OF THE APPROPRIATION", pass its
second and final reading and is hereby adopted.
Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa
FINAL ADOPTION OF ORDINANCE NO. 11-2001 ENTITLED: "BOND
ORDINANCE PROVIDING FOR VARIOUS CAPITAL IMPROVEMENTS BY THE CITY OF
HACKENSACK, IN THE COUNTY OF BERGEN, NEW JERSEY, APPROPRIATING THE
AGGREGATE AMOUNT OF $ 1,348,200 THEREFOR AND AUTHORIZING THE
I
ISSUANCE OF $1,284,000 BONDS OR NOTES OF THE CITY TO FINANCE PART
OF THE COST THEREOF".
Mayor Zisa: "This ordinance has been advertised pursuant to
law and now call for a public hearing. Will someone so move?"
Motion offered by Galvis, seconded by Mattei that there be a
public hearing. Carried
Mayor Zisa asked if anyone wished to be heard on this
ordinance.
Len Nix, 83 Elm Avenue, asked several questions relative to
what the funds in this ordinance would be used for. The Mayor and
City Attorney responded to his questions.
Motion offered by Galvis, seconded by Stein, that the public
hearing be closed. Carried
RESOLUTION #290 OFFERED BY: MATTEI SECONDED BY: STEIN
I
BE IT RESOLVED by the City Council of the City of Hackensack,
County of Bergen and State of New Jersey, that Ordinance No. 11-
2001 entitled: "BOND ORDINANCE PROVIDING FOR VARIOUS CAPITAL
IMPROVEMENTS BY THE CITY OF HACKENSACK, IN THE COUNTY OF BERGEN,
NEW JERSEY, APPROPRIATING THE AGGREGATE AMOUNT OF $1,348,200
THEREFOR AND AUTHORIZING THE ISSUANCE OF $1,284,000 BONDS OR NOTES
OF THE CITY TO FINANCE PART OF THE COST, THEREOF", pass its second
and final reading and is hereby adopted.
Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa
RESOLUTION #291 OFFERED BY: TRAMMELL SECONDED BY: GALVIS
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 reason stated:
I AMOUNT
$1,817.40
BLOCK LOT
605 11
NAME
Wallace, Fred & Mary
YEAR
2001
REASON
Err.Pmt.
542.48 238 5C014D Moffet, Karen 2001 Err.Pmt.
636.89 238 5C005E Wells Fargo Home Mtg. 2001 Err.Pmt.
1,000.00 341 8C005H GE Capital 2001 Err.Pmt.
1,000.00 341 8C006H GE Capital 2001 Err.Pmt
1,062.00 341 8C011H GE Capital 2001 Err.Pmt.
917.00 341 8COS5C GE Capital 2001 Err.Pmt.
829.00 214 16C0001 Transamerica Real Estate 1999 Err.Pmt.
Tax Service
418.00 540 16AC0019 Transamerica Real Estate 1999 Err.Pmt.
Tax Service
422.00 540 16AC0019 Transamerica Real Estate 1998 Err.Pmt.
Tax Service
$45.00 to Jennifer Mahon, 489 Essex Street, Apartment 10, for
adult tennis lessons which were cancelled.
$40.00 to Andee Post, 319 Clinton Place, for Brenna Thompson's
registration for Hackensack Junior Cheerleading.
I
$26.05 to United Healthcare Insurance Company, Check Control,
P. O. Box 740819, Atlanta, GA, reimbursement for an overpayment on
claim #12331-309789- 1.
Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa
RESOLUTION #292 OFFERED BY: TRAMMELL SECONDED BY: MATTEI
WHEREAS, N. J. S. 40A:4-87 provides that the Director of the
Division of Local Government Services may approve the insertion of
any special item of revenue in the budget of any municipality when
such item shall have been made available by law and the amount
thereof was not determined at the time of the adoption of the
budget; and
WHEREAS, said Director may also approve the insertion of any
item of appropriation for an equal amount; and
WHEREAS, the City received $204.00 from the State of New
Jersey in additional Public Health Priority Funding and wishes to
amend its 2001 CY Budget to include this amount as revenue; and
I NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of
the City of Hackensack, hereby request the Director of the Division
of Local Government Services to approve the insertion of an item of
revenue in the budget of the year 2001 in the sum of $204.00, which
is now available as a revenue from: Miscellaneous Revenues -
Special items of General Revenue anticipated with prior written
consent of the Director of Local Government Services: State and
Federal Revenues Off-Set with Appropriations: Public Health
Priority Funding 1977;
BE IT FURTHER RESOLVED, that a like sum of $204. 00 be and the
same is hereby appropriated under the caption of: General
Appropriations: (a) Operations Excluded from 5% Caps, State and
Federal Programs Off-Set by Revenues: Municipal Debt Service
Public Health Priority Funding 1977;
BE IT FURTHER RESOLVED, that the City Clerk forward two copies
of this resolution to the director of Local Government Services.
Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa
RESOLUTION #293 OFFERED BY: STEIN SECONDED BY: GALVIS I
WHEREAS, N. J.S. 40A:4-87 provides that the Director of the
Division of Local Government Services may approve the insertion of
any special item of revenue in the budget of any municipality when
such item shall have been made available by law and the amount
thereof was not determined at the time of the adoption of the
budget; and
WHEREAS, said Director may also approve the insertion of any
item of appropriation for an equal amount; and
WHEREAS, the City received $88,000.00 from the Attorney of a
Redeveloper for repayment of debt used to purchase land and wishes
to amend its 2001 CY budget to include this amount as a revenue;
NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of
the City of Hackensack, hereby request the Director of the Division
of Local Government Services to approve the insertion of an item of
revenue in the budget of the year 2001 in the sum of $88,000.00,
which is now available as a revenue from: Miscellaneous Revenues
Special Items of General Revenue anticipated with prior written
consent of the Director of Local Government Services:
Federal Revenues Off-Set with Appropriations:
State and
Reserve to pay
I
Bonds and Notes;
BE IT FURTHER RESOLVED that a like sum of $88,000.00 be and
the same is hereby appropriated under the caption of - General
Appropriations: (a) Operations excluded from 5% caps, State and
Federal Programs Off-set by revenues: Municipal Debt Service,
Payment of Bond Anticipation Notes and Capital Notes;
BE IT FURTHER RESOLVED that the City Clerk forward two copies
of this resolution to the Director of Local Government Services.
Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa
RESOLUTION #294 OFFERED BY: TRAMMELL SECONDED BY: STEIN
WHEREAS, on October 15, 2001, $85,453.40 was refunded to
Winne, Banta, Rizzi, Hetherington & Basralian representing a State
Tax Judgment on Block 500A Lot 1 for Venture Hackensack Holding and
I
5% interest in the amount of $8,475.18, should have been included;
NOW, THEREFORE, BE IT RESOLVED that interest in the amount of
$8,475.18, which was inadvertently overlooked be forwarded to the
above mentioned attorneys.
Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa
RESOLUTION #295 OFFERED BY: MATTEI SECONDED BY: GALVIS
WHEREAS, effective August 13, 2001, Block 556, Lot 94, owned
by Edwin & Elsie Bilof was classified as an exempt property by the
Tax Assessor;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Hackensack that the proper officers be and are hereby authorized
to decrease the tax levy for the year 2001 in the amount of
$2396. 62 and refund $833. 62 to the owner for an overpayment of the
third quarter taxes.
Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa
I RESOLUTION #296 OFFERED BY: MATTEI SECONDED BY: TRAMMELL
WHEREAS, the Health Department has a need to provide an
influenza and pneumonia immunization program for the senior
citizens of Hackensack; and
WHEREAS, the Aetna U. S. Health Care, provides financial
reimbursement to public health agencies who provides these services
to their Medicare eligible senior citizens; and
NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of
the City of Hackensack, hereby enter into an agreement with Aetna
U. S. Health Care to obtain reimbursement for influenza and
pneumonia immunizations administered by the Health Department to
Aetna Health Care clients; and
BE IT FURTHER RESOLVED that the Mayor and City Clerk are
hereby authorized to execute all applicable documents necessary to
implement this program.
Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa
RESOLUTION #297 OFFERED BY: GALVIS SECONDED BY: STEIN
BE IT RESOLVED by the City Council of the City of Hackensack
that Deputy Fire Chief Bruce Goldberg, be and is hereby appointed
as the Emergency Management Coordinator for the City of Hackensack;
and to serve at the pleasure of the City Council.
Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa
RESOLUTION #298 OFFERED BY: MATTEI SECONDED BY: TRAMMELL
WHEREAS, the police departments in Bergen County have a day
to-day responsibility to provide for the security of lives and
property, for the maintenance and preservation of the public peace
and order; and
WHEREAS, Law Enforcement officials also have a responsibility
to provide for preparedness against natural emergencies, such as
floods, hurricanes, earthquakes, etc. , man made causes, such as
riot, strikes, jail or prison riots, train wrecks, aircraft
I
crashes, major fires, ethnic disorders, terrorists incidents and
bombings, state and national emergencies; and
WHEREAS, the Bergen County Police Chief's Association has
proposed a Mutual aid Plan and Rapid Deployment Force to deal with
these emergencies which is adopted in accordance with the
provisions of N. J. S. A. 40A:l4-156, N. J. S. A. 40A-156. l, N. J. S. A.
40A:l4-156.4 and N. J. S.A. App. A:9-40. 6, and
WHEREAS, the plan will provide a uniform procedure for the
coordination of the requesting, dispatching, and utilization of law
enforcement personnel and equipment whenever a local law
enforcement agency requires mutual aid assistance from any other
j urisdiction, in the event of an emergency in order to protect life
and property; and
WHEREAS, it is the desire of the Mayor and Council of the City
of Hackensack to participate in a Mutual Aid Plan and Rapid
Deployment Force.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the
City of Hackensack that the Police Department of the City of
Hackensack, under the direction of the Chief of Police, cooperate
with the Bergen County Police Chief's Association to create an
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Inter-local Services Agreement with all municipalities in the
County of Bergen to put into place the Mutual Aid Plan and Rapid
Deployment force; and
BE IT FURTHER RESOLVED that a copy of this resolution be
forwarded to the County Executive, Board of Chosen Freeholders, the
County Prosecutor, and all municipalities in the County of Bergen.
Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa
RESOLUTION #299 OFFERED BY: STEIN SECONDED BY: TRAMMELL
Resolution providing for the combination of certain issues of
General Improvement Bonds of the City of Hackensack, in the County
of Bergen, New Jersey into a single issue of bonds aggregating
$6,558,000 in principal amount.
BE IT RESOLVED by the Mayor and Council of the City of
Hackensack, in the County of Bergen, New Jersey as follows:
Section 1. Pursuant to the provisions of N.J.S.A. 40A:2-
26 (f), General Improvement Bonds (the "Bonds") of the City of
Hackensack (the "City") authori�ed 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 $6,558,000:
Section 2. The principal amount of Bonds authorized by each
ordinance to be combined into a single issue as above provided, the
bond ordinances authorizing the Bonds described by reference to the
number, the improvement description and the date of adoption, and
the period of usefulness determined in each of the bond ordinances
are respectively as follows:
Principal Amount Number of Description of Improvement & Useful
Of Bonds Ordinance Date of Adoption of Ordinance Life
$ 34,500 2-93 Providing for various park 15 years
improvements, finally adopted
4/19/93
$47,000 3-95 Providing for the reconstruc 10 years
tion and resurfacing of port
I
ions of various streets,
finally adopted 4/3/95
$151,000 4-95 Providing for the construc 10 years
tion of barrier-free access to
City-owned facilities, finally
Adopted 4/3/95
$396,000 18-96 Providing for various capital 7.10 years
improvements, finally adopted
10/21/96
$ 38,000 20-96 Providing for renovations to 15 years
the former branch library,
finally adopted 10/21/96
$123,000 21-96 Providing for curb improvements 10 years
to various streets, finally
adopted. 10/21/96
$462,500 4-97 Providing for sewer improvements 40 years
to various roads, finally
adopted 4/7/97
I
$ 75,000 5-97 Providing for the resurfacing of 10 years
Prospect Avenue, finally adopted
4/7/97
$ 77,000 19-97 Providing for the reconstruction 20 years
and paving of West Pleasant Ave.
finally adopted 9/15/97
$575,000 3-98 Providing for various capital 12.93 years
improvements, finally adopted
1/20/98
$711,000 5-98 Providing for the acquisition 5 years
of automated garbage collection
vehicles and related equipment
finally adopted 4/20/98
$118,000 7-98 Providing for preliminary 15 years
assessment and site investiga-
tion of DPW Building, finally
adopted 5/18/98
$350,000 8-98 Providing for improvements to 40 years
Kennedy Street Pump Station,
Finally adopted 5/18/98
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$400,000 11-98 Providing for improvements to 20 years
City Hall Complex, finally
adopted 6/15/98
$150,000 12-98 Providing for various capital 24 years
improvements, finally adopted
6/15/98
$750,000 24-99 Providing for various capital 10.01 years
improvements, finally adopted
6/21/99
$400,000 25-99 Providing for the relining of 40 years
brick-lined sewers, finally
adopted 7/19/99
$1,700,000 7-00 Providing for various capital 11 years
improvements, finally adopted
7/17/00
$6,558,000 16.53 years
Section 3. The following matters are hereby determined with
respect to the combined issue of Bonds:
(a) The average period of usefulness, computed on the basis of
I the respective amounts of Bonds presently authorized to be issued
pursuant to each of the bond ordinances and the respective periods
or average period of usefulness therein determined, is 16.53 years.
(b) The Bonds of the combined issue shall be designated
"General Improvement Bonds" and shall mature within the average
period of usefulness herein determined.
{c) The Bonds of the combined issue shall be sold and issued
in accordance with the provisions of the Local Bond Law applicable
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 4. The following additional matters are hereby
determined, declared, recited and stated:
(a) None of the Bonds described in Section 2 hereof has been
sold or issued heretofore, and the several bond ordinances
described in Section 2 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 in
Section 2. I
(b) The several purposes or improvements authorized by the
respective bond ordinances described in Section 2 hereof are
purposes for which bonds may be issued lawfully pursuant to the
Local Bond Law and are all purposes for which no deduction may be
taken in any annual or supplemental debt statement.
Section 5. This resolution shall take effect immediately.
Roll Call: Ayes - Mattei, Galvis, Trammell, Stein, Zisa
RESOLUTION #300 OFFERED BY: MATTEI SECONDED BY: STEIN
Resolution determining the form and other details of
$7,383,000 General Obligation Bonds consisting of $6,558, 000.
General Improvement Bonds and $825,000 Parking Utility Bonds of
the City of Hackensack, in the County of Bergen, New Jersey and
providing for their Sale.
BE IT RESOLVED by the Mayor and Council of the City of
Hackensack, in the County of Bergen, New Jersey as follows:
Section 1. The $6,558,000 General Improvement Bonds of the
I
City of Hackensack, (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 November 5, 2001 and entitled,
"Resolution Providing for the Combination of Certain Issues of
General Improvement Bonds of the City of Hackensack, New Jersey
into a single issue of Bonds Aggregating $6,558,000 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 November
15 in each of the years as follows:
YEAR PRINCIPAL AMOUNT YEAR PRINCIPAL AMOUNT
2002 $375,000 2008 $550,000
2003 $400,000 2009 $600,000
2004 $425,000 2010 $650,000
2005 $450,000 2011 $700,000
2006 $475,000 2012 $700,000
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2007 $500,000 2013 $733,000
The General Improvement Bonds shall not be subj ect to redemption
prior to maturity. The General Improvement Bonds shall be twelve
in number, with one certificate being issued for each year of
maturity, and shall be numbered GI-1 to GI-12, inclusive.
Section 2. The $825,000 Parking Utility Bonds of the City
referred to and described in Bond Ordinance NO. 5-2000 of the City
finally adopted March 20, 2000, in all respects duly approved and
published as required by law, shall be issued as parking utility
bonds (hereinafter referred to as the "Parking Utility Bonds").
The Parking Utility Bonds shall mature in the principal amounts on
November 15 in each of the years as follows:
YEAR PRINCIPAL AMOUNT YEAR PRINCIPAL AMOUNT
2002 $50,000 2007 $ 90,000
2003 $65,000 2008 $ 95,000
2004 $70,000 2009 $ 95,000
2005 $75,000 2010 $ 100,000
I 2006 $85,000 2011 $ 100,000
The Parking Utility Bonds shall not be subj ect to redemption prior
to maturity. The Parking Utility Bonds shall be ten in number,
with one certificate being issued for each year of maturity, and
shall be numbered PU-1 to PU-10, inclusive.
Section 3. The General Improvement Bonds and the Parking
Utility Bonds collectively are sometimes referred to hereinafter as
the "Bonds".
Section 4. The Bonds will be issued in fully registered form.
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 be 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 responsible for maintaining records recording
I 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 May 15, 2002 and semiannually thereafter on the fifteenth days
of November and May 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 November 1
and May 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
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
I
Depository Trust Company:
REGISTERED REGISTERED
NUMBER A. $
UN ITED STATES OF AMERICA
STATE OF NEW JERSEY
COUNTY OF BERGEN
C ITY OF HACKENSACK
B. BOND
DATE OF INTEREST
ORIGINAL MATURITY RATE
ISSUE: DATE: PER ANNUM: CUSIP:
November 15, 2001 November 15, %
CITY OF HACKENSACK, 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 this bond until it
matures at the Interest rates Per Annum specified above on May 15,
2002 and semiannually thereafter on the fifteenth days of November
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and May in each year until maturity. Interest on this Bond will be
mailed by the City to the registered Owner as of November 1 and May
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
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
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.
This Bond is not subject to redemption prior to maturity.
C. The full faith and credit of the City are hereby
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irrevocably 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 performed and that 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.
IN WITNESS WHEREOF, the CITY OF HACKENSACK 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 hereunto 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
I
above.
CITY OF HACKENSACK
ATTEST:
Mayor
By:
����
City Clerk Chief Financial Officer
(Assignment Provision on Back of Bond)
ASSIGNMENT
FOR VALUE RECEIVED hereby assigns to
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
I particular.
Dated:
Signature Guarantee:
Section 6. In each of the $ 6,558,000 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
C. This Bond is one of an authorized issue of bonds issued
pursuant to the Local Bond Law of the State of New Jersey, a
resolution of the City Council adopted November 5, 2001 and
entitled, "Resolution Providing for the Combination of Certain
Issues of General Improvement Bonds of the City of Hackensack, in
the County of Bergen, New Jersey into a Single Issue of Bonds
Aggregating $ 6,558,000 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").
Section 7. In each of the $825,000 Parking Utility Bonds the
I following language
the corresponding
Section 5:
should be
letter in
inserted in the places indicated by
the form of the Bonds set forth in
A. PU-
B. Parking Utility Bond
C. This Bond is one of an authorized issue of bonds issued
pursuant to the Local Bond Law of the State of New Jersey, and Bond
Ordinance No. 5-2000 of the City finally adopted March 20, 2000, in
all respects duly approved and published as required by law (the
"Authorization Proceedings").
Section 8. The Bonds shall be sold upon sealed proposals on
November 27, 2001 at 11:30 a.m. by the Chief Financial Officer at
the offices of the City's Bond Counsel, John L. Kraft, Esq.,
L.L.C., 325 Columbia Turnpike, Florham Park, New Jersey 07932 in
accordance with the Notice of Sale authorized herein. The City
Clerk is hereby directed to arrange for the publication of the
Notice of Sale in the form provided in section 9 hereof in The
Bergen Record and 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
I
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.40A2-34,
the City Council hereby designates the Chief Financial Officer as
financial officer to sell and to award the Bonds in accordance with
the Notices 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
COUNTY OF BERGEN
NEW JERSEY
NOTICE OF SALE OF $7,383,000 GENERAL OBLIGATION BOND SALE
CONSISTING OF
$6,558,000 GENERAL IMPROVEMENT BONDS AND
$825,000 PARKING UTILITY BONDS
NONCALLABLE
BOOK-ENTRY BONDS
(BANK QUALIFIED)
SEALED PROPOSALS will be received by the Chief Financial
Officer of the City of Hackensack (the "City") at the offices of
I
the City's Bond Counsel, John L. Kraft, Esq. , L. L. C. , 325 Columbia
Turnpike, Florham Park, New Jersey 07932 on Tuesday, November 27,
2001 until 11:30 a. m., at which time they will be publicly opened
and announced for the purchase of the following Bonds of the City
due (without subj ect to redemption) on November 15 as follows:
General Improvement Bonds
Year Principal Amount Year Principal Amount
2002 $375,000 2008 $550,000
2003 $400,000 2009 $600,000
2004 $425,000 2010 $650,000
2005 $450,000 2011 $700,000
2006 $475,000 2012 $700,000
2007 $500,000 2013 $733,000
Parking Utility Bonds
Year Principal Amount Year Principal Amount
2002 $50,000 2007 $ 90,000
2003 $65,000 2008 $ 95,000
2004 $70,000 2009 $ 95,000
2005
2006
$75,000
$85,000
2010
2011
$100,000
$100,000 I
The combined maturity schedule for the Bonds is as follows:
YEAR PRINCIPAL AMOUNT YEAR PRINCIPAL AMOUNT
2002 $425,000 2008 $645,000
2003 $465, 000 2009 $695, 000
2004 $495,000 2010 $750,000
2005 $525,000 2011 $800,000
2006 $560,000 2012 $700,000
2007 $590,000 2013 $733,000
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
I
York, which will act as securities depository. The Bonds will be
on deposit with The Depository Trust Company.
The Bonds will be dated November 15, 2001 and will bear
interest at the rate per annum specified by the successful bidder
therefore in accordance herewith, payable on May 15, 2002 and
semiannually thereafter on the fifteenth days of November and May
in each year until maturity to the registered Owner as of November
1 and May 1 next preceding each interest payment date. The
principal of the Bonds, when due, will be payable at the City, upon
surrender of the Bonds.
The Bonds are not subject to redemption prior to maturity.
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 bidder will accept,
which shall be $7,383,000 or any lesser amount that is a multiple
of $1,000, the Bonds accepted being the first to mature; and
I c. The price the bidder will pay,
than $7,383,000 nor more than $7,384,000.
which shall be not less
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 therefore 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
among all such bidders. The purchaser 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 reject all bids, and any bid not
complying with the terms of this notice will be rejected.
Each bidder is required to deposit a certified, treasurer's or
cashier's check payable to the order of the CITY OF HACKENSACK for
$147,660 drawn upon a bank or trust company, and such check must be
enclosed with the proposal. When the successful bidder has been
I ascertained,
persons making
all such deposits will
them, except the check
be
which will be applied in part payment for the Bonds or to secure
promptly
of the
returned to
successful bidder,
the
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 rejection 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, John L. Kraft, Esq.,
L.L.C., Florham Park, 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 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.
I
Kraft, Esq. , at the offices of the City's Bond Counsel, John L.
Kraft, Esq. , L.L.C. / 325 Columbia Turnpike, Florham Park, New
Jersey 07932.
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 ineluctable 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
printed on the Bonds. The CUS IP Service Bureau charge for the
assignment of the numbers shall be the responsibility of and shall
be paid for by the purchaser.
I
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 John L.
Kraft, Esq. , L. L. C. , Florham Park, New Jersey, which will be
furnished without cost to the succes,sful 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 therefore, the compliance with the requirements
of the Code necessary to preserve tax exemption, the completeness
and accuracy of the information contained in the Preliminary
Official Statement and the Official Statement, and the absence of
litigation pending or (to the knowledge of the signer or signers
thereof) threatened affecting the validity of the Bonds. A copy of
the approving opinion will appear on or be attached to the Bonds.
The Bonds are subject to the requirements of SEC Rule 15c2-12
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
I
Market Disclosure as set forth in SEC Rule 15c2-12, in form
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.
The Bonds have been designated "qualified tax-exempt
obligations" for the purposes of Section 265 (b) (3) (B) (ii) of the
Code.
/s/ LOUIS J. GARBACCIO
I
Chief Financial Officer
Section 10. The Summary of Notice of Sale shall be
substantially in the following form:
CITY OF HACKENSACK, IN THE
COUNTY OF BERGEN NEW JERSEY
SUMMARY OF NOTICE OF SALE OF
$7, 383, 000 GENERAL OBLIGATION BOND SALE
CONSISTING OF
$6, 558, 000 GENERAL IMPROVEMENT BONDS AND
$825,000 PARKING UTILITY BONDS
NONCALLABLE - BOOK-ENTRY BONDS- (BANK QUALIFIED)
SEALED PROPOSALS will be received by the Chief Financial
Officer of the City of Hackensack (the "City") at the offices of
the City's Bond Counsel, John L. Kraft, Esq., L.L.C., 325 Columbia
Turnpike, Florham Park, New Jersey 07932 on Tuesday, November 27,
2001, until 11:30 a.m., for the purchase of the above Bonds of the
city due (without subj ect to redemption) on November 15 as follows:
General Improvement Bonds
I Year Principal Amount Year Principal Amount
2002 $375,000 2008 $550,000
2003 $400,000 2009 $600,000
2004 $425,000 2010 $650,000
2005 $450,000 2011 $700,000
2006 $475,000 2012 $700,000
2007 $500,000 2013 $733,000
Parking Utility Bonds
Year Principal Amount Year Principal Amount
2002 $50,000 2007 $ 90,000
2003 $65,000 2008 $ 95,000
2004 $70,000 2009 $ 95,000
2005 $75,000 2010 $100,000
2006 $85,000 2011 $100,000
The combined maturity schedule for the Bonds is as follows:
Year Principal Amount Year Principal Amount
2002 $425,000 2008 $645,000
2003 $465,000 2009 $695,000
2004 $495,000 2010 $7 50,000
2005 $525,000 2011 $800,000
2006 $560,000 2012 $700,000
I 2007 $590,000 2013 $733,000
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 John L. Kraft, Esq.,
L.L.C., Florham Park, New Jersey 07932.
The Bonds will bear interest at a rate of interest in a
multiple of 1/8 or 1/20 of 1% per annum specified by the successful
bidder payable on May 15, 2002, and semiannually thereafter on
fifteenth days of November and May 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 not subject to redemption prior to maturity.
The Bonds are subj ect to the requirements of SEC Rule 15c2-12
with respect to Secondary Market Disclosure.
The Bonds have been designated "qualified tax-exempt
I
obligations" for the purposes of Section 265 (b) (3) (B) (ii) of the
Code.
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.
/S/ LOUIS J. GARBACCIO
Chief Financial Officer
Section 1 1. The Bonds shall have attached thereto a copy of
the written opinion with respect to the Bonds that is to be
rendered by John L. Kraft, Esq. , L. L. C. , complete except for
omission of its date.
Section 12. John L. Kraft, Esq. , L.L. C. ,is authorized to
arrange for the preparation of the Bonds and the printing and
distribution of the Preliminary Official Statement to be prepared
by the City's auditor and City officials. The Mayor and the Chief
Financial Officer are authorized to execute any certificates
necessary in connection with the distribution of the Official
Statement. I
Section 13. The City's Auditor is authorized to apply for a
rating on the Bonds from Moody's Investors Service.
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
the 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 the names of the beneficial
owner under the book-entry system. Upon such registration, the
I
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-
12. The Chief Financial Officer and the City Clerk are authorized
to execute the undertaking on behalf of the City.
Section 18. This resolution shall take effect immediately.
The foregoing resolution was adopted by the following vote:
Roll Call - Ayes: Mattei, Galvis, Trammell, Stein, Zisa
Mrs. Dukes advised the Mayor that her docket was completed.
I
The Mayor thanked her and asked the City Manager, City
Attorney and members of Council if they had anything to report.
They did not.
Mayor Zisa opened the meeting to the public for discussion of
City business.
Jack Donovan, Willow Avenue, made a statement to the Mayor and
mentioned Geneva Youngblood's name which created anger from Ms.
Youngblood. Mr. Donovan continued, and in the opinion of Mrs.
Dukes, made insulting statements regarding the reading of the
resolutions by her.
Councilman Mattei responded to his comments by stating that
"Doris" has been named one of the best City Clerks in the State.
Deputy Mayor Trammell agreed.
Len Nix, 83 Elm Avenue, asked questions regarding the
referendum on the ballot and the resolution for Malcom Pirnie to do
the design work for the River Walkway project. The Mayor, City
Attorney and Councilman Stein responded.
I Allen Adler, 300 Lodi Street, read a statement and requested a
resolution from the City Council opposing the oppression and
persecution of Falun Gong and its followers in the Peoples Republic
of China.
Motion offered by Trammell, seconded by Mattei that the public
hearing be closed and the meeting be adjourned. (Carried)9: 15 PM.
� ISA
COUNCILMAN MARK A. STEIN
I GALVIS
ATTEST:
I
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