City Council

JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH October 7, 2024 The regular meeting of the Council of the City of Norwich was held October 7, 2024 at 7:30 PM in Council Chambers. Present: Mayor Nystrom, President Pro Tem DeLucia, Ald. Singh, Ald. Gould, Ald. Bettencourt, Ald. Hayes and Ald. Nash. City Manager John Salomone, and Corporation Counsel Michael Driscoll were also in attendance. Mayor Nystrom presided. Please be advised that meetings of the Norwich City Council can be viewed in their entirety on the City of Norwich website “norwichct.org”. Ald. Nash, read the opening prayer and Pres. Pro Tem DeLucia, led the members in the Pledge of Allegiance. The Mayor asked for a moment of silence with Ald. Gould reading the following statement: Today we mark the tragic and devastating one year anniversary of the terror attack by Hamas at the Supernova Sukkot gathering, an open-air music festival near kibbutz Re’ Im. The attack of October 7, 2023, was the deadliest on Israeli soil when approximately 1200 children and adults were slaughtered and 254 people from 25 nations were taken hostage by this terrorist organization. This year Israel has faced an unprecedented series of conflicts on multiple fronts with devastating consequences and the fighting still continues. Today we mourn all of the lives lost in this ongoing conflict. Today we demand the release of all of the 101 hostages, including the 4 American citizens, that have been separated from their families for one year or to at least know if they are dead or alive. Today as a community, we must stand against violence and terrorism in any and all of its forms. Today we pray for peace in Israel and for an end to the war, for stability in the Middle East and for a future for both the Israelis and the Palestinians that includes dignity, security, opportunity and freedom. Mayor Nystrom also called for a moment of silence for the all of the people affected by the devastation from Hurricane Helene. Upon a motion of Ald. Gould, seconded by Ald. Nash, on a roll call vote it was unanimously voted to accept the minutes of September 3, 2024 and September 16, 2024. Upon a motion of Ald. Hayes, seconded by Ald. Gould, on a roll call vote it was unanimously voted to accept the following petition and communication. 1 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH October 7, 2024 2 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH October 7, 2024 3 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH October 7, 2024 Upon a motion of Ald. Hayes, seconded by Ald. Nash, on a roll call vote it was unanimously voted to accept the following petition and communication. 4 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH October 7, 2024 5 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH October 7, 2024 CITY MANAGER’S REPORT To: Mayor Nystrom and members of the City Council From: John Salomone, City Manager Subject: City Manager’s Report Date: October 7, 2024 Meetings attended were Southeastern Council of Governments Meeting (SCCOG), Connecticut Interlocal Risk Management Agency (CIRMA) Board of Directors Meeting, NCDC Executive Board of Directors meeting, NPU-City Coordination and CIF Stakeholder Meeting. Negotiations continue with Fire and Public Works Supervisors. The state Community Investment Fund Committee approved $12M in grants for Norwich. The city will receive 4.55 million to continue waterfront improvements and $7.8 million to demolish and clean up the former Capeheart Mill in Greenville. City leaders worked in conjunction with NCDC on the funding application. Tanice Doman, Assistant Zoning/Blight Officer held five volunteer community cleanups during September. Ten Norwich residents volunteered in cleaning up the East Main Street, Pond & Lake Street, Franklin Street, and North Main Street areas. More than 2000 pounds of idle waste was collected with the help of Public Works. A final cleanup is scheduled for Boswell Avenue on October 9th at 9:30 am. The Human Services Divisions Block Party was a big success with over 500 people in attendance. Thank you to the volunteers from the Office of Community Development, as well as students from both Norwich Free Academy and Norwich Technical High School who helped tremendously with set up and running the event activities. Thank you to the community partners at the Fire Department, Norwich Police Department, American Ambulance, Hartford Healthcare, SCADD, Norwich Public Schools, Bully Busters, TVCCA, mobile crisis, Governor’s Prevention Partnership, Three Rivers Community College, Otis Library, Favor CT, Health Education Center, UCFS, and NFA. Human Services’ Youth, Family, & Rec Division ran the Kid Zone at this year’s Greater Norwich Chamber of Commerce Healthy Living Festival on October 5th. Uncas Health will be bringing their Mobile Health Van to the Senior Center on October 9th for a flu shot clinic. Call the Senior Center at 860-889-5960 to sign up. The 34th annual “Walktober” began September 21st and November 10th. The City of Norwich participates with the Last Green Valley National Heritage Corridor on this annual event. Norwich has 37 walk/events scheduled including numerous heritage sites and points of interest throughout the city. Thank you to the volunteers and sponsors that make these events possible. The full Walktober Guide is available online at www.thelastgreenvalley.org. Upon a motion of Ald. Gould, seconded by Ald. Hayes, on a roll call vote it was unanimously voted to put the following resolution introduced by Mayor Nystrom, Ald. Gould and Ald Bettencourt on the floor. 6 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH October 7, 2024 Upon a motion of Pres. Pro Tem DeLucia, seconded by Ald. Singh, a motion was made to amend the following resolution by removing number 5 of this resolution. Upon a motion of Pres. Pro Tem DeLucia, seconded by Ald. Singh, the motion was withdrawn. Upon a motion of Ald. Gould, seconded by Ald. Hayes, on a roll call vote it was unanimously voted to adopt the following resolution introduced by Mayor Nystrom, Ald. Gould and Ald Bettencourt. Relative to amendment of existing American Rescue Plan Act allocations. RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH, that the American Rescue Plan Act allocations adopted previously, be amended as follows: Current ARPA Exp. Brief Details of Change Reallocat N Dept/ balance Project # Code Description requested change + / (-) ion o Entity available . Law 3.1-Public enforcement Reprogramming $127,622 Sector payroll, of funds to cover to ARP01 Workforce Police Dept $150,294 ($127,622) 1 including Marina ARP70 Payroll and reduction of Restaurant rehab (new) Benefits gun violence 3.1-Public Human Reprogramming $100,000 Sector Services Human of funds to cover to ARP08 Workforce $185,667 ($100,000) 2 staffing-Case Services Marina ARP70 Payroll and Workers Restaurant rehab (new) Benefits 2.34- Expansion of Reprogramming $25.87 Assistance to library of funds to cover to ARP17 Impacted Otis Library $25.87 ($25.87) 3 services and Marina ARP70 Nonprofit access Restaurant rehab (new) Organization 1.7-Other COVID-19 Reprogramming $4,416.2 4 Public Health City Hall Finance/ of funds to cover 0 to ARP24 Expenses audio visual $8,661.87 ($4,416.20) MIS Marina ARP70 includes equipment Restaurant rehab (new) communication enforcement 2.37-Economic Scholarships Reprogramming $17,935. Impact for Recreation Human of funds to cover 93 to ARP30 $17,935.93 ($17,935.93) 5 Assistance Summer Services Marina ARP70 Other Camp Restaurant rehab (new) $250,000 235-Aid to Marina Fund from from 6 ARP70 Tourism Travel Restaurant NCDC reprogramming N/A $250,000 other or Hospitality Rehab other projects ARP projects 7 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH October 7, 2024 Total Dollar Amount $0 BALANCE OF FUNDS AVAILABLE $0 Mayor Nystrom called for citizen comment on new business resolutions. Angela Willson, 19 Grandview Court, spoke out of order inquiring about the Ethics Commission. (not related to any of the agenda items). H. Tucker Braddock, 868 Scotland Rd., spoke out of order inquiring about a Harbor Commission appointment (not related to any of the agenda items). There being no speakers, Mayor Nystrom declared citizen comment closed. Please be advised that meetings of the Norwich City Council can be viewed in their entirety on the City of Norwich website “norwichct.org”. Upon a motion of Ald. Bettencourt, seconded by Ald. Gould, on a roll call vote it was unanimously voted to adopt the following resolution introduced by City Manager Salomone. To reallocate cannabis gross receipts tax revenue funds appropriated for the fiscal year ending June 30, 2025. WHEREAS, the Council of the City of Norwich adopted ordinance 1834 on December 5, 2022 to establish a framework for collecting and appropriating cannabis gross receipts tax revenues; and WHEREAS, pursuant to ordinance 1834, the city manager shall submit a resolution proposing the use of unexpended and unencumbered cannabis gross receipts tax revenues to be spent in the following fiscal year for the City Council’s consideration at its first meeting in April; and WHEREAS, pursuant to ordinance 1834, any expenditures of cannabis gross receipts tax revenues shall be in accordance with the purposes allowed in C.G.S. §12-330mm(5), which include the provision of funding for improvements to the streetscapes and other neighborhood developments in and around each community in which a cannabis retailer, hybrid retailer or micro-cultivator is located; education programs or youth employment and training programs in such municipality; services for individuals released from the custody of the Commissioner of Correction, probation or parole and residing in such municipality; mental health or addiction services; youth service bureaus established pursuant to section 10-19m and to municipal juvenile review boards; efforts to promote civic engagement in communities in such municipality; or any other purpose later approved by amendment to C.G.S. §12-330mm(5).; and WHEREAS, the Council of the City of Norwich adopted a resolution on April 1, 2024 for the appropriation of $70,000 of cannabis gross receipts tax revenue funds for the fiscal year ending June 30, 2025; and WHEREAS, the requirements for successful civic engagement demand more extensive funding than is available; and 8 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH October 7, 2024 WHEREAS, the Rose City Senior Center will be losing CDBG funding for the Hartford HealthCare Nurse and will be losing ARPA funding for the Mental Health Clinician on-site. NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH, that $70,000 of cannabis gross receipts tax revenue funds be and hereby is reallocated as follows for the fiscal year ending June 30, 2025: Org Obj Description Original Amended Notes Community Health Nurse Continue with Contracted Position Cost- 29014427 53010 $0 $15,000 at Rose City Senior Center Shared with Hartford HealthCare Mental Health Clinician 29014427 53010 $0 $10,000 Continue with Current Contracted Provider at Rose City Senior Center Partial funding for Drug Free Communities 29014427 51610 Fringe Benefits $30,000 $25,000 Coordinator fringe benefits Hire contractor to assist City increase civic Community Engagement 29014427 53010 $40,000 $20,000 engagement – especially among underserved Coordinator populations Total $70,000 $70,000 Upon a motion of Ald. Nash, seconded by Ald. Gould, on a roll call vote it was unanimously voted to adopt the following resolution introduced by Ald. Gould, Ald. Hayes and Ald. Bettencourt. BE IT RESOLVED that the following be appointed an alternate member to the Senior Affairs Commission for a term to expire on September 1, 2025 or until a successor is appointed; Linda Snarski (R) Upon a motion of Ald. Gould, seconded by Ald. Hayes, on a roll call vote it was unanimously voted to adopt the following resolution introduced by Ald. Gould, Ald. Hayes and Ald. Bettencourt. BE IT RESOLVED that the below named be re-appointed as regular members to the Building Code Board of Appeals with a term to expire on January 7, 2026 or until a successor is appointed: Bob Phoenix (D) Upon a motion of Ald. Hayes, seconded by Ald. Singh, on a roll call vote it was unanimously voted to adopt the following resolution introduced by Ald. Gould, Ald. Hayes and Ald. Bettencourt. BE IT RESOLVED that the below named being reappointed as an alternate of the Commission on the City Plan with a term to expire on February 28, 2026 or until a successor is appointed: Jason Courter (R) Upon a motion of Ald. Gould, seconded by Ald. Hayes, on a roll call vote it was unanimously voted to adopt the following resolution introduced by Ald. Gould, Ald. Hayes and Ald. Bettencourt. BE IT RESOLVED that the below named be reappointed as a regular member of the Ethics Commission with a term to expire on October 18, 2025 or until a successor is appointed: Scott Camassar (R) 9 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH October 7, 2024 Robin Lawson (R) Karen Lucas (D) BE IT FURTHER RESOLVED, that the following be, and hereby are, appointed as regular members to the Ethics Commission for terms to expire October 18, 2025 or until a successor is appointed. Lori Ploof (U) Upon a motion of Ald. Hayes, seconded by Ald. Bettencourt, on a roll call vote it was unanimously voted to adopt the following resolution introduced by Ald. Gould, Ald. Hayes and Ald. Bettencourt. BE IT RESOLVED that the below named be reappointed as a regular member to the Historic District Commission with a term to expire on December 31, 2027 or until a successor is appointed: Gregory Johnson (D) BE IT FURTHER RESOLVED that the below named be appointed as a regular member to the Historic District Commission with a term to expire on December 31, 2025 or until a successor is appointed: Dayne Rugh (U) Upon a motion of Ald. Hayes, seconded by Ald. Bettencourt, on a roll call vote it was unanimously voted to adopt the following resolution introduced by Ald. Gould, Ald. Hayes and Ald. Bettencourt. BE IT RESOLVED that the below named be reappointed as regular member of the Mohegan Park Improvement and Development Advisory Committee with a term to expire on December 31, 2026 or until a successor is appointed: Rebecca Melucci (U) Upon a motion of Ald. Nash, seconded by Ald. Singh, on a roll call vote it was unanimously voted to adopt the following resolution introduced by Ald. Gould, Ald. Hayes and Ald. Bettencourt. BE IT RESOLVED that the below named be reappointed as a Town Consolidation District member to the Volunteer Firefighter Relief Fund Committee with a term to expire on March 1, 2025 or until a successor is appointed: Ron Stolz (R) Upon a motion of Ald. Hayes, seconded by Ald. Nash, on a roll call vote it was unanimously voted to adopt the following resolution introduced by Ald. Gould, Ald. Hayes and Ald. Bettencourt. BE IT RESOLVED that the below named be reappointed as a regular member to the Uncas Health District with a term to expire on January 9, 2025 or until a successor is appointed: Rebecca Melucci (U) BE IT RESOLVED that the below named be appointed as a regular member to the Uncas Health District with a term to expire on January 9, 2025 or until a successor is appointed: Dennis Jenkins (D) 10 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH October 7, 2024 Upon a motion of Ald. Gould, seconded by Ald. Bettencourt, on a roll call vote it was unanimously voted to adopt the following resolution introduced by Mayor Nystrom, Pres. Pro Tem DeLucia, and Ald. Gould. WHEREAS, the Norwich Events Organization proposes to host the NorWITCH Halloween Strut to be held on Saturday, October 26, 2024 from 5:00 p.m. to 8:00 p.m. at Sanquedolce Plaza and the David Ruggles Courtyard outside city hall and on lower Broadway from Bath Street to Main Street at Castle Church with the permission of the City of Norwich; and WHEREAS, the Chief of Police, as traffic authority, has recommended the closure to vehicular traffic of Bath Street and Broadway between Bath Street and Main Street, the closure to vehicular traffic to commence at 4:30 p.m. and run to 8:30 p.m.; and WHEREAS, the Council of the City of Norwich, by this resolution, grants permission to the Norwich Events Organization to conduct the event using Sanquedolce Plaza and the David Ruggles Courtyard, and lower Broadway as described herein, and expresses its support for the NorWITCH Halloween Strut and its sponsors and welcomes the many visitors who will attend the same to enjoy its many attractions. NOW THEREFORE, BE IT RESOLVED, BY THE COUNCIL OF THE CITY OF NORWICH, that it is in support of the NorWITCH Halloween Strut and grants permission to the Norwich Events Organization to conduct the same during the hours and at the locations described herein and authorizes the closing to vehicular traffic of Bath Street and lower Broadway between Bath Street and Main Street from the hours of 4:30 p.m. – 8:30 p.m. in accordance with the recommendation of the Chief of Police as Traffic Authority. Upon a motion of Ald. Hayes, seconded by Ald. Gould, on a roll call vote it was unanimously voted to refer the following ordinance to the Commission on the City Plan and schedule a public hearing for December 2, 2024 on the following ordinance introduced by Mayor Nystrom, Pres. Pro Tem DeLucia, and Ald. Gould. AN ORDINANCE APPROPRIATING $3,700,000 FOR COSTS OF THE PLANNING, DESIGN AND CONSTRUCTION OF THE WEST TOWN STREET WATER MAIN REHABILITATION PROJECT IN THE CITY OF NORWICH, AUTHORIZING THE ISSUANCE OF $3,700,000 REVENUE BONDS OF THE CITY SECURED SOLELY BY WATER REVENUE TO MEET SAID APPROPRIATION, AND AUTHORIZING THE CITY AND DEPARTMENT OF PUBLIC UTILITIES TO ENTER INTO GRANT AND LOAN AGREEMENTS AND A JOINT RESOLUTION WITH THE STATE OF CONNECTICUT WITH RESPECT THERETO. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORWICH: Section 1. The sum of $3,700,000 is appropriated for the costs of the planning, design and construction of the West Town Street water main rehabilitation project, including, but not limited to, the installation of cured-in-place pipe lining from the intersection of Yantic Road and West Town Street to the property located at 58 Yantic Flats Road, insertion pit excavation, installation of water main, valves and fittings to modify existing connections, and all related site work, easements, land acquisition, materials, installation and deployment costs, and such additional improvements as may be accomplished within said appropriation provided herein, and including all administration, advertising, printing, legal, and financing costs as more fully set forth in this Ordinance (hereafter the 11 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH October 7, 2024 “Project”) as shall be determined by the City of Norwich Department of Public Utilities (the “Department”). Said appropriation shall be inclusive of State and Federal grants in aid thereof. The Department is authorized to enter into contracts, expend the appropriation and implement the Project herein authorized. Section 2. The estimated useful life of the Project is thirty years. The total estimated cost of the Project is $3,700,000. $3,700,000 of the total Project cost is estimated to be financed by or through the State of Connecticut pursuant to its Clean Water Fund Program (as hereinafter defined), through a subsidized interest loan and grants, if applicable. The Project is a general benefit to the City of Norwich and its general governmental purposes. Section 3. To meet said appropriation: (i) bonds of the City or so much thereof as shall be necessary for such purpose, shall be issued, maturing not later than the twentieth year after their date (or such longer term as may be authorized). Said bonds may be issued in one or more series as determined by the City Manager, the Comptroller - acting on behalf of the City herein - and General Manager of the City of Norwich Department of Public Utilities - acting on behalf of the Department and the Board of Public Utilities Commissioners (hereafter the “Board”) herein - (the “Issuer Officials”) and the amount of bonds of each series to be issued shall be fixed by the Issuer Officials in the amount necessary to meet the Issuer’s share of the cost of the Project determined after considering the estimated amount of the State and Federal grants-in-aid of the Project, or the actual amount thereof if this be ascertainable, and the anticipated times of the receipt of the proceeds thereof, provided that the total amount of bonds to be issued shall not be less than an amount which will provide funds sufficient with other funds available for such purpose to pay the principal of and the interest on all temporary borrowings in anticipation of the receipt of the proceeds of said bonds outstanding at the time of the issuance thereof, and to pay for the administrative, printing and legal costs of issuing the bonds. The bonds shall be in the denomination of $1,000 or a whole multiple thereof, or, be combined with other bonds of the Issuer and such combined issue shall be in the denomination per aggregate maturity of $1,000 or a whole multiple thereof, be issued in bearer form or in fully registered form, be executed in the name and on behalf of the City by the facsimile or manual signatures of the Issuer Officials bear the City seal or a facsimile thereof, be certified by a bank or trust company designated by the Issuer Officials, which bank or trust company may be designated the registrar and transfer agent, be payable at a bank or trust company designated by the Issuer Officials and be approved as to their legality by Bond Counsel. They shall bear such rate or rates of interest as shall be determined by the Issuer Officials. The issuance of such bonds in one or more series, the aggregate principal amount of bonds to be issued, the annual installments of principal, redemption provisions, if any, the date, time of issue and sale and other terms, details and particulars of such bonds shall be determined by the Issuer Officials, in accordance with the Joint Resolution. In the case of Parity Indebtedness as defined in the Joint Resolution between the City of Norwich and the Board (as hereinafter defined as the “Joint Resolution”), the Issuer Officials, shall also determine the revenues and property to be pledged for payment of such Parity Indebtedness; or (ii) temporary notes of the City may be issued in one or more series pursuant to Section 7-244a of the General Statutes of Connecticut, as amended. The amount of such notes to be issued, if any, shall be determined by the Issuer Officials, and they are hereby authorized to determine the date, maturity, interest rate, form and other details and particulars of such notes, and to sell, execute and deliver the same; or 12 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH October 7, 2024 (iii) interim funding obligations and project loan obligations or any other obligations of the City (hereinafter “Clean Water Fund Obligations”) evidencing an obligation to repay any portion of the costs of the Project determined by the State of Connecticut Department of Environmental Protection, Public Health or other department as applicable to be eligible for funding under Section 22a-475 et seq. of the Connecticut General Statutes, as the same may be amended from time to time (the “Clean Water Fund Program”). The General Manager of the Department is hereby authorized, on behalf of the City and the Board, to enter into any other agreements, instruments, documents and certificates for the consummation of the transactions contemplated by this Ordinance. The General Manager of the Department is hereby authorized, on behalf of the City and the Board, to apply for and accept any and all Federal and State grants for the Project, to expend said funds in accordance with the terms hereof, and in connection therewith to contract in the name of the Department with engineers, contractors and others. The City may issue Clean Water Fund Obligations in one or more series and in such denominations as the Issuer Officials shall determine, provided that the total of all such Clean Water Fund Obligations, bonds and notes issued and appropriation expended pursuant to this ordinance shall not exceed $3,700,000. The Issuer Officials are hereby authorized to determine the amount, date, maturity, interest rate, form and other details and particulars of such interim funding obligations and project loan obligations, subject to the provisions of the Clean Water Fund Program, and to execute and deliver the same. Clean Water Fund Obligations shall be secured solely from a pledge of water system revenues; or (iv) promissory notes, bonds or other obligations made payable to the United States of America to meet any portion of the costs of the Project determined by the federal government, including acting through the Rural Utility Service of the United States Department of Agriculture (“USDA”) or other federal program or agency, to be eligible for loan and/or grant monies; or (v) any combination of bonds, temporary notes, notes, or obligations as set forth in the preceding subsections may be issued, provided that the total, aggregate principal amount thereof outstanding, and including the amount of grant funding obtained pursuant to a Project Grant and Project Loan Agreement, at any time shall not exceed $3,700,000. Section 4. (i) Bonds, temporary notes, or water assessment notes, Clean Water Fund Obligations and federal obligations all as set forth in section 3 are hereafter referred to as “Bonds.” The Bonds shall be water revenue bonds of the City, the payment of principal and interest on which shall be secured solely by revenues derived from the operation of the water system, including use charges, connection charges, benefit assessments or any combination thereof, investment income derived there from, or other property of the water system or revenue derived from the operation of the water system in accordance with the Joint Resolution. Each of the Bonds shall recite to the effect that every requirement of law relating to its issue has been duly complied with, that such Bond is within every debt and other limit prescribed by law, that such Bond does not constitute a general obligation of the City for which its full faith and credit is pledged, and that such Bond is payable solely from revenues, assessments, charges or property of the water system specifically pledged therefore. (ii) The bonds authorized to be issued by section 3 shall be, issued and secured pursuant to the Joint Resolution approved by the City Council on August 7, 2000, and the Board on July 17, 2000, as amended, and as supplemented by various supplemental 13 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH October 7, 2024 Resolutions adopted pursuant to the Joint Resolution, and which is hereby ratified, confirmed and approved in its entirety, including without limitation, the rate and revenue covenants therein. The Board irrevocably agrees to comply with the provisions of the Joint Resolution, including Supplemental Resolutions, including but not limited to: to set, establish and collect and maintain rates and revenue as necessary to continually comply with the terms, conditions and covenants of the General Resolution. The City irrevocably agrees to comply with the provisions of the General Resolution. In order to implement the provisions of the Joint Resolution the City and the Board may enter into an indenture of trust with a bank and trust company which indenture may contain provisions customarily included in revenue bond financings, including provisions of a similar nature to those in the Joint Resolution and which are necessary, convenient or advisable in connection with the issuance of the Bonds and their marketability. The Issuer Officials are hereby authorized to execute and deliver on behalf of the City and the Board an indenture in such final form and containing such terms and conditions as they shall approve, and their signatures on any such indenture shall be conclusive evidence of their approval as authorized hereby. (iii) The Issuer Officials on behalf of the City and the Board are authorized to agree to additional terms and to delete or change existing terms and otherwise amend the form of Joint Resolution in order to obtain State or federal funding, provide better security for the bonds, correct any matter, cure any ambiguity or defect or otherwise benefit the Issuer in their judgment. Such additional or different terms may include restrictions on the use of water funds or fund balance or water operations, coverage ratios, additional or changed reserve requirements, identification and pledge of revenues securing the Bonds, providing for the form of the Bonds, conditions precedent to the issuance of Bonds and additional Bonds, the establishment and maintenance of funds and the use and disposition there from, including but not limited to accounts for the payment of debt service, the payment of operating expenses, debt service reserve and other reserve accounts, providing for the issuance of subordinated indebtedness, defining an event of default and providing for the allocation of revenues in such event, credit enhancement, providing for a pledge and allocation of water revenues to pay for obligations issued by third parties, and provisions of a similar and different nature to those in the Joint Resolution and which are necessary, convenient or advisable in connection with the issuance of the Bonds and their marketability, and to obtain the benefits of any State or Federal grant or low interest loan program, including but not limited to the Clean Water Fund and Federal Department of Agriculture Programs. The Issuer Officials are hereby authorized, in addition to the General Resolution, to execute and deliver on behalf of the Issuer and the Board an indenture of trust in such final form and containing such terms and conditions as they shall approve, and their signatures on any such indenture shall be conclusive evidence of their approval as authorized hereby. Section 5. The issue of the Bonds aforesaid and of all other bonds or notes of the City heretofore authorized but not yet issued, as of the effective date of this Ordinance, would not cause the indebtedness of the City to exceed any debt limit calculated in accordance with law. Section 6. Said Bonds shall be sold by the Issuer Officials in a competitive offering or by negotiation, in their discretion. If sold in a competitive offering, the Bonds shall be sold upon sealed proposals at not less than par and accrued interest on the basis of the lowest not or true interest cost to the City. A notice of sale or a summary thereof describing the bonds and setting forth the terms and conditions of the sale shall be published at least five days in advance of the sale in a recognized publication carrying municipal bond notices and devoted primarily to financial news and the subject of state and municipal bonds. If the Bonds are sold by negotiation, the Issuer Officials, are authorized 14 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH October 7, 2024 to execute a purchase agreement on behalf of the City and Board containing such terms and conditions as they deem appropriate and not inconsistent with this Ordinance. Section 7. Resolution of Official Intent to Reimburse Expenditures with Borrowings. The City of Norwich (the “Issuer”) hereby expresses its official intent pursuant to section 1.150-2 of the Federal Income Tax Regulations, Title 26 (the “Regulations”), to reimburse expenditures paid sixty days prior to and after the date of passage of this Resolution in the maximum amount and for the capital project defined in Section 1 with the proceeds of bonds, notes, or other obligations (“Bonds”) authorized to be issued by the Issuer. The Bonds shall be issued to reimburse such expenditures not later than 18 months after the later of the date of the expenditure or the substantial completion of the project, or such later date the Regulations may authorize. The Issuer hereby certifies that the intention to reimburse as expressed herein is based upon its reasonable expectations as of this date. The Comptroller, and General Manager of the City of Norwich Department of Public Utilities or their designee is authorized to pay project expenses in accordance herewith pending the issuance of reimbursement bonds, and to amend this declaration. Section 8. It is hereby found and determined that it is in the public interest to issue all, or a portion of, the Bonds, Notes or other obligations of the City authorized to be issued herein as qualified private activity bonds, or with interest that is includable in gross income of the holders thereof for purposes of federal income taxation. The Issuer Officials are hereby authorized to issue and utilize without further approval any financing alternative currently or hereafter available to municipal government pursuant to law, including but not limited to any “tax credit bond,” or “Build America Bonds” including Direct Payment and Tax Credit Versions. Section 9. This Ordinance shall be effective upon adoption by the City Council and its approval by the Board. Upon a motion of Ald. Hayes, seconded by Ald. Nash, on a roll call vote it was unanimously voted to refer the following ordinance to the Commission on the City Plan and schedule a public hearing for December 2, 2024 on the following ordinance introduced by Mayor Nystrom, Pres. Pro Tem DeLucia, and Ald. Gould. AN ORDINANCE APPROPRIATING $7,500,000 FOR COSTS OF THE PLANNING, DESIGN AND CONSTRUCTION OF THE NORWICHTOWN WELL PFAS TREATMENT SYSTEM, AUTHORIZING THE ISSUANCE OF $7,500,000 REVENUE BONDS OF THE CITY OF NORWICH SECURED SOLELY BY WATER REVENUE TO MEET SAID APPROPRIATION, AND AUTHORIZING THE CITY AND DEPARTMENT OF PUBLIC UTILITIES TO ENTER INTO GRANT AND LOAN AGREEMENTS AND A JOINT RESOLUTION WITH THE STATE OF CONNECTICUT WITH RESPECT THERETO. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORWICH: Section 1. The sum of $7,500,000 is appropriated for the costs of the planning, design and construction of the Norwichtown well PFAS treatment system, including, but not limited to, the establishment of a new facility either adjacent to or as an addition to the existing wellhead building, and all related site work, easements, land acquisition, materials, installation and deployment costs, and such additional improvements as may be accomplished within said appropriation provided herein, and including all administration, advertising, printing, legal, and financing costs as more fully set forth in this Ordinance (hereafter the “Project”) as shall be determined by the City of Norwich Department of Public Utilities (the “Department”). 15 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH October 7, 2024 Said appropriation shall be inclusive of State and Federal grants in aid thereof. The Department is authorized to enter into contracts, expend the appropriation and implement the Project herein authorized. Section 2. The estimated useful life of the Project is thirty years. The total estimated cost of the Project is $7,500,000. $7,500,000 of the total Project cost is estimated to be financed by or through the State of Connecticut pursuant to its Clean Water Fund Program (as hereinafter defined), through a subsidized interest loan and grants, if applicable. The Project is a general benefit to the City of Norwich and its general governmental purposes. Section 3. To meet said appropriation: (i) bonds of the City or so much thereof as shall be necessary for such purpose, shall be issued, maturing not later than the twentieth year after their date (or such longer term as may be authorized). Said bonds may be issued in one or more series as determined by the City Manager, the Comptroller - acting on behalf of the City herein - and General Manager of the City of Norwich Department of Public Utilities - acting on behalf of the Department and the Board of Public Utilities Commissioners (hereafter the “Board”) herein - (the “Issuer Officials”) and the amount of bonds of each series to be issued shall be fixed by the Issuer Officials in the amount necessary to meet the Issuer’s share of the cost of the Project determined after considering the estimated amount of the State and Federal grants-in-aid of the Project, or the actual amount thereof if this be ascertainable, and the anticipated times of the receipt of the proceeds thereof, provided that the total amount of bonds to be issued shall not be less than an amount which will provide funds sufficient with other funds available for such purpose to pay the principal of and the interest on all temporary borrowings in anticipation of the receipt of the proceeds of said bonds outstanding at the time of the issuance thereof, and to pay for the administrative, printing and legal costs of issuing the bonds. The bonds shall be in the denomination of $1,000 or a whole multiple thereof, or, be combined with other bonds of the Issuer and such combined issue shall be in the denomination per aggregate maturity of $1,000 or a whole multiple thereof, be issued in bearer form or in fully registered form, be executed in the name and on behalf of the City by the facsimile or manual signatures of the Issuer Officials bear the City seal or a facsimile thereof, be certified by a bank or trust company designated by the Issuer Officials, which bank or trust company may be designated the registrar and transfer agent, be payable at a bank or trust company designated by the Issuer Officials and be approved as to their legality by Bond Counsel. They shall bear such rate or rates of interest as shall be determined by the Issuer Officials. The issuance of such bonds in one or more series, the aggregate principal amount of bonds to be issued, the annual installments of principal, redemption provisions, if any, the date, time of issue and sale and other terms, details and particulars of such bonds shall be determined by the Issuer Officials, in accordance with the Joint Resolution. In the case of Parity Indebtedness as defined in the Joint Resolution between the City of Norwich and the Board (as hereinafter defined as the “Joint Resolution”), the Issuer Officials, shall also determine the revenues and property to be pledged for payment of such Parity Indebtedness; or (ii) temporary notes of the City may be issued in one or more series pursuant to Section 7-244a of the General Statutes of Connecticut, as amended. The amount of such notes to be issued, if any, shall be determined by the Issuer Officials, and they are hereby authorized to determine the date, maturity, interest rate, form and other details and particulars of such notes, and to sell, execute and deliver the same; or 16 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH October 7, 2024 (iii) interim funding obligations and project loan obligations or any other obligations of the City (hereinafter “Clean Water Fund Obligations”) evidencing an obligation to repay any portion of the costs of the Project determined by the State of Connecticut Department of Environmental Protection, Public Health or other department as applicable to be eligible for funding under Section 22a-475 et seq. of the Connecticut General Statutes, as the same may be amended from time to time (the “Clean Water Fund Program”). The General Manager of the Department is hereby authorized, on behalf of the City and the Board, to enter into any other agreements, instruments, documents and certificates for the consummation of the transactions contemplated by this Ordinance. The General Manager of the Department is hereby authorized, on behalf of the City and the Board, to apply for and accept any and all Federal and State grants for the Project, to expend said funds in accordance with the terms hereof, and in connection therewith to contract in the name of the Department with engineers, contractors and others. The City may issue Clean Water Fund Obligations in one or more series and in such denominations as the Issuer Officials shall determine, provided that the total of all such Clean Water Fund Obligations, bonds and notes issued and appropriation expended pursuant to this ordinance shall not exceed $7,500,000. The Issuer Officials are hereby authorized to determine the amount, date, maturity, interest rate, form and other details and particulars of such interim funding obligations and project loan obligations, subject to the provisions of the Clean Water Fund Program, and to execute and deliver the same. Clean Water Fund Obligations shall be secured solely from a pledge of water system revenues; or (iv) promissory notes, bonds or other obligations made payable to the United States of America to meet any portion of the costs of the Project determined by the federal government, including acting through the Rural Utility Service of the United States Department of Agriculture (“USDA”) or other federal program or agency, to be eligible for loan and/or grant monies; or (v) any combination of bonds, temporary notes, notes, or obligations as set forth in the preceding subsections may be issued, provided that the total, aggregate principal amount thereof outstanding, and including the amount of grant funding obtained pursuant to a Project Grant and Project Loan Agreement, at any time shall not exceed $7,500,000. Section 4. (i) Bonds, temporary notes, or water assessment notes, Clean Water Fund Obligations and federal obligations all as set forth in section 3 are hereafter referred to as “Bonds.” The Bonds shall be water revenue bonds of the City, the payment of principal and interest on which shall be secured solely by revenues derived from the operation of the water system, including use charges, connection charges, benefit assessments or any combination thereof, investment income derived there from, or other property of the water system or revenue derived from the operation of the water system in accordance with the Joint Resolution. Each of the Bonds shall recite to the effect that every requirement of law relating to its issue has been duly complied with, that such Bond is within every debt and other limit prescribed by law, that such Bond does not constitute a general obligation of the City for which its full faith and credit is pledged, and that such Bond is payable solely from revenues, assessments, charges or property of the water system specifically pledged therefore. 17 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH October 7, 2024 (ii) The bonds authorized to be issued by section 3 shall be, issued and secured pursuant to the Joint Resolution approved by the City Council on August 7, 2000, and the Board on July 17, 2000, as amended, and as supplemented by various supplemental Resolutions adopted pursuant to the Joint Resolution, and which is hereby ratified, confirmed and approved in its entirety, including without limitation, the rate and revenue covenants therein. The Board irrevocably agrees to comply with the provisions of the Joint Resolution, including Supplemental Resolutions, including but not limited to: to set, establish and collect and maintain rates and revenue as necessary to continually comply with the terms, conditions and covenants of the General Resolution. The City irrevocably agrees to comply with the provisions of the General Resolution. In order to implement the provisions of the Joint Resolution the City and the Board may enter into an indenture of trust with a bank and trust company which indenture may contain provisions customarily included in revenue bond financings, including provisions of a similar nature to those in the Joint Resolution and which are necessary, convenient or advisable in connection with the issuance of the Bonds and their marketability. The Issuer Officials are hereby authorized to execute and deliver on behalf of the City and the Board an indenture in such final form and containing such terms and conditions as they shall approve, and their signatures on any such indenture shall be conclusive evidence of their approval as authorized hereby. (iii) The Issuer Officials on behalf of the City and the Board are authorized to agree to additional terms and to delete or change existing terms and otherwise amend the form of Joint Resolution in order to obtain State or federal funding, provide better security for the bonds, correct any matter, cure any ambiguity or defect or otherwise benefit the Issuer in their judgment. Such additional or different terms may include restrictions on the use of water funds or fund balance or water operations, coverage ratios, additional or changed reserve requirements, identification and pledge of revenues securing the Bonds, providing for the form of the Bonds, conditions precedent to the issuance of Bonds and additional Bonds, the establishment and maintenance of funds and the use and disposition there from, including but not limited to accounts for the payment of debt service, the payment of operating expenses, debt service reserve and other reserve accounts, providing for the issuance of subordinated indebtedness, defining an event of default and providing for the allocation of revenues in such event, credit enhancement, providing for a pledge and allocation of water revenues to pay for obligations issued by third parties, and provisions of a similar and different nature to those in the Joint Resolution and which are necessary, convenient or advisable in connection with the issuance of the Bonds and their marketability, and to obtain the benefits of any State or Federal grant or low interest loan program, including but not limited to the Clean Water Fund and Federal Department of Agriculture Programs. The Issuer Officials are hereby authorized, in addition to the General Resolution, to execute and deliver on behalf of the Issuer and the Board an indenture of trust in such final form and containing such terms and conditions as they shall approve, and their signatures on any such indenture shall be conclusive evidence of their approval as authorized hereby. Section 5. The issue of the Bonds aforesaid and of all other bonds or notes of the City heretofore authorized but not yet issued, as of the effective date of this Ordinance, would not cause the indebtedness of the City to exceed any debt limit calculated in accordance with law. Section 6. Said Bonds shall be sold by the Issuer Officials in a competitive offering or by negotiation, in their discretion. If sold in a competitive offering, the Bonds shall be sold upon sealed proposals at not less than par and accrued interest on the basis of the lowest not or true interest cost to the City. A notice of sale or a summary thereof describing the bonds and setting forth the terms 18 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH October 7, 2024 and conditions of the sale shall be published at least five days in advance of the sale in a recognized publication carrying municipal bond notices and devoted primarily to financial news and the subject of state and municipal bonds. If the Bonds are sold by negotiation, the Issuer Officials, are authorized to execute a purchase agreement on behalf of the City and Board containing such terms and conditions as they deem appropriate and not inconsistent with this Ordinance. Section 7. Resolution of Official Intent to Reimburse Expenditures with Borrowings. The City of Norwich (the “Issuer”) hereby expresses its official intent pursuant to section 1.150-2 of the Federal Income Tax Regulations, Title 26 (the “Regulations”), to reimburse expenditures paid sixty days prior to and after the date of passage of this Resolution in the maximum amount and for the capital project defined in Section 1 with the proceeds of bonds, notes, or other obligations (“Bonds”) authorized to be issued by the Issuer. The Bonds shall be issued to reimburse such expenditures not later than 18 months after the later of the date of the expenditure or the substantial completion of the project, or such later date the Regulations may authorize. The Issuer hereby certifies that the intention to reimburse as expressed herein is based upon its reasonable expectations as of this date. The Comptroller, and General Manager of the City of Norwich Department of Public Utilities or their designee is authorized to pay project expenses in accordance herewith pending the issuance of reimbursement bonds, and to amend this declaration. Section 8. It is hereby found and determined that it is in the public interest to issue all, or a portion of, the Bonds, Notes or other obligations of the City authorized to be issued herein as qualified private activity bonds, or with interest that is includable in gross income of the holders thereof for purposes of federal income taxation. The Issuer Officials are hereby authorized to issue and utilize without further approval any financing alternative currently or hereafter available to municipal government pursuant to law, including but not limited to any “tax credit bond,” or “Build America Bonds” including Direct Payment and Tax Credit Versions. Section 9. This Ordinance shall be effective upon adoption by the City Council and its approval by the Board. Upon a motion of Ald. Nash, seconded by Ald. Singh, on a roll call vote it was unanimously voted to refer the following ordinance to the Commission on the City Plan and schedule a public hearing for December 2, 2024 on the following ordinance introduced by Mayor Nystrom, Pres. Pro Tem DeLucia, and Ald. Gould. AN ORDINANCE APPROPRIATING $2,400,000 FOR COSTS OF THE PLANNING, DESIGN AND CONSTRUCTION OF THE ROUTE 2 PIPE REPLACEMENT PROJECT, AUTHORIZING THE ISSUANCE OF $2,400,000 REVENUE BONDS OF THE CITY OF NORWICH SECURED SOLELY BY WATER REVENUE TO MEET SAID APPROPRIATION, AND AUTHORIZING THE CITY AND DEPARTMENT OF PUBLIC UTILITIES TO ENTER INTO GRANT AND LOAN AGREEMENTS AND A JOINT RESOLUTION WITH THE STATE OF CONNECTICUT WITH RESPECT THERETO. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORWICH: Section 1. The sum of $2,400,000 is appropriated for the costs of the planning, design and construction of the Route 2 pipe replacement project, including, but not limited to, the replacement of galvanized and copper pipe along Route 2, and all related site work, easements, land acquisition, materials, installation and deployment costs, and such additional improvements as may be accomplished within said appropriation provided herein, and 19 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH October 7, 2024 including all administration, advertising, printing, legal, and financing costs as more fully set forth in this Ordinance (hereafter the “Project”) as shall be determined by the City of Norwich Department of Public Utilities (the “Department”). Said appropriation shall be inclusive of State and Federal grants in aid thereof. The Department is authorized to enter into contracts, expend the appropriation and implement the Project herein authorized. Section 2. The estimated useful life of the Project is thirty years. The total estimated cost of the Project is $2,400,000. $2,400,000 of the total Project cost is estimated to be financed by or through the State of Connecticut pursuant to its Clean Water Fund Program (as hereinafter defined), through a subsidized interest loan and grants, if applicable. The Project is a general benefit to the City of Norwich and its general governmental purposes. Section 3. To meet said appropriation: (i) bonds of the City or so much thereof as shall be necessary for such purpose, shall be issued, maturing not later than the twentieth year after their date (or such longer term as may be authorized). Said bonds may be issued in one or more series as determined by the City Manager, the Comptroller - acting on behalf of the City herein - and General Manager of the City of Norwich Department of Public Utilities - acting on behalf of the Department and the Board of Public Utilities Commissioners (hereafter the “Board”) herein - (the “Issuer Officials”) and the amount of bonds of each series to be issued shall be fixed by the Issuer Officials in the amount necessary to meet the Issuer’s share of the cost of the Project determined after considering the estimated amount of the State and Federal grants-in-aid of the Project, or the actual amount thereof if this be ascertainable, and the anticipated times of the receipt of the proceeds thereof, provided that the total amount of bonds to be issued shall not be less than an amount which will provide funds sufficient with other funds available for such purpose to pay the principal of and the interest on all temporary borrowings in anticipation of the receipt of the proceeds of said bonds outstanding at the time of the issuance thereof, and to pay for the administrative, printing and legal costs of issuing the bonds. The bonds shall be in the denomination of $1,000 or a whole multiple thereof, or, be combined with other bonds of the Issuer and such combined issue shall be in the denomination per aggregate maturity of $1,000 or a whole multiple thereof, be issued in bearer form or in fully registered form, be executed in the name and on behalf of the City by the facsimile or manual signatures of the Issuer Officials bear the City seal or a facsimile thereof, be certified by a bank or trust company designated by the Issuer Officials, which bank or trust company may be designated the registrar and transfer agent, be payable at a bank or trust company designated by the Issuer Officials and be approved as to their legality by Bond Counsel. They shall bear such rate or rates of interest as shall be determined by the Issuer Officials. The issuance of such bonds in one or more series, the aggregate principal amount of bonds to be issued, the annual installments of principal, redemption provisions, if any, the date, time of issue and sale and other terms, details and particulars of such bonds shall be determined by the Issuer Officials, in accordance with the Joint Resolution. In the case of Parity Indebtedness as defined in the Joint Resolution between the City of Norwich and the Board (as hereinafter defined as the “Joint Resolution”), the Issuer Officials, shall also determine the revenues and property to be pledged for payment of such Parity Indebtedness; or (ii) temporary notes of the City may be issued in one or more series pursuant to Section 7-244a of the General Statutes of Connecticut, as amended. The amount of such notes to be issued, if any, shall be determined by the Issuer Officials, and they are hereby authorized 20 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH October 7, 2024 to determine the date, maturity, interest rate, form and other details and particulars of such notes, and to sell, execute and deliver the same; or (iii) interim funding obligations and project loan obligations or any other obligations of the City (hereinafter “Clean Water Fund Obligations”) evidencing an obligation to repay any portion of the costs of the Project determined by the State of Connecticut Department of Environmental Protection, Public Health or other department as applicable to be eligible for funding under Section 22a-475 et seq. of the Connecticut General Statutes, as the same may be amended from time to time (the “Clean Water Fund Program”). The General Manager of the Department is hereby authorized, on behalf of the City and the Board, to enter into any other agreements, instruments, documents and certificates for the consummation of the transactions contemplated by this Ordinance. The General Manager of the Department is hereby authorized, on behalf of the City and the Board, to apply for and accept any and all Federal and State grants for the Project, to expend said funds in accordance with the terms hereof, and in connection therewith to contract in the name of the Department with engineers, contractors and others. The City may issue Clean Water Fund Obligations in one or more series and in such denominations as the Issuer Officials shall determine, provided that the total of all such Clean Water Fund Obligations, bonds and notes issued and appropriation expended pursuant to this ordinance shall not exceed $2,400,000. The Issuer Officials are hereby authorized to determine the amount, date, maturity, interest rate, form and other details and particulars of such interim funding obligations and project loan obligations, subject to the provisions of the Clean Water Fund Program, and to execute and deliver the same. Clean Water Fund Obligations shall be secured solely from a pledge of water system revenues; or (iv) promissory notes, bonds or other obligations made payable to the United States of America to meet any portion of the costs of the Project determined by the federal government, including acting through the Rural Utility Service of the United States Department of Agriculture (“USDA”) or other federal program or agency, to be eligible for loan and/or grant monies; or (v) any combination of bonds, temporary notes, notes, or obligations as set forth in the preceding subsections may be issued, provided that the total, aggregate principal amount thereof outstanding, and including the amount of grant funding obtained pursuant to a Project Grant and Project Loan Agreement, at any time shall not exceed $2,400,000. Section 4. (i) Bonds, temporary notes, or water assessment notes, Clean Water Fund Obligations and federal obligations all as set forth in section 3 are hereafter referred to as “Bonds.” The Bonds shall be water revenue bonds of the City, the payment of principal and interest on which shall be secured solely by revenues derived from the operation of the water system, including use charges, connection charges, benefit assessments or any combination thereof, investment income derived there from, or other property of the water system or revenue derived from the operation of the water system in accordance with the Joint Resolution. Each of the Bonds shall recite to the effect that every requirement of law relating to its issue has been duly complied with, that such Bond is within every debt and other limit prescribed by law, that such Bond does not constitute a general obligation of the City for which 21 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH October 7, 2024 its full faith and credit is pledged, and that such Bond is payable solely from revenues, assessments, charges or property of the water system specifically pledged therefore. (ii) The bonds authorized to be issued by section 3 shall be, issued and secured pursuant to the Joint Resolution approved by the City Council on August 7, 2000, and the Board on July 17, 2000, as amended, and as supplemented by various supplemental Resolutions adopted pursuant to the Joint Resolution, and which is hereby ratified, confirmed and approved in its entirety, including without limitation, the rate and revenue covenants therein. The Board irrevocably agrees to comply with the provisions of the Joint Resolution, including Supplemental Resolutions, including but not limited to: to set, establish and collect and maintain rates and revenue as necessary to continually comply with the terms, conditions and covenants of the General Resolution. The City irrevocably agrees to comply with the provisions of the General Resolution. In order to implement the provisions of the Joint Resolution the City and the Board may enter into an indenture of trust with a bank and trust company which indenture may contain provisions customarily included in revenue bond financings, including provisions of a similar nature to those in the Joint Resolution and which are necessary, convenient or advisable in connection with the issuance of the Bonds and their marketability. The Issuer Officials are hereby authorized to execute and deliver on behalf of the City and the Board an indenture in such final form and containing such terms and conditions as they shall approve, and their signatures on any such indenture shall be conclusive evidence of their approval as authorized hereby. (iii) The Issuer Officials on behalf of the City and the Board are authorized to agree to additional terms and to delete or change existing terms and otherwise amend the form of Joint Resolution in order to obtain State or federal funding, provide better security for the bonds, correct any matter, cure any ambiguity or defect or otherwise benefit the Issuer in their judgment. Such additional or different terms may include restrictions on the use of water funds or fund balance or water operations, coverage ratios, additional or changed reserve requirements, identification and pledge of revenues securing the Bonds, providing for the form of the Bonds, conditions precedent to the issuance of Bonds and additional Bonds, the establishment and maintenance of funds and the use and disposition there from, including but not limited to accounts for the payment of debt service, the payment of operating expenses, debt service reserve and other reserve accounts, providing for the issuance of subordinated indebtedness, defining an event of default and providing for the allocation of revenues in such event, credit enhancement, providing for a pledge and allocation of water revenues to pay for obligations issued by third parties, and provisions of a similar and different nature to those in the Joint Resolution and which are necessary, convenient or advisable in connection with the issuance of the Bonds and their marketability, and to obtain the benefits of any State or Federal grant or low interest loan program, including but not limited to the Clean Water Fund and Federal Department of Agriculture Programs. The Issuer Officials are hereby authorized, in addition to the General Resolution, to execute and deliver on behalf of the Issuer and the Board an indenture of trust in such final form and containing such terms and conditions as they shall approve, and their signatures on any such indenture shall be conclusive evidence of their approval as authorized hereby. Section 5. The issue of the Bonds aforesaid and of all other bonds or notes of the City heretofore authorized but not yet issued, as of the effective date of this Ordinance, would not cause the indebtedness of the City to exceed any debt limit calculated in accordance with law. 22 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH October 7, 2024 Section 6. Said Bonds shall be sold by the Issuer Officials in a competitive offering or by negotiation, in their discretion. If sold in a competitive offering, the Bonds shall be sold upon sealed proposals at not less than par and accrued interest on the basis of the lowest not or true interest cost to the City. A notice of sale or a summary thereof describing the bonds and setting forth the terms and conditions of the sale shall be published at least five days in advance of the sale in a recognized publication carrying municipal bond notices and devoted primarily to financial news and the subject of state and municipal bonds. If the Bonds are sold by negotiation, the Issuer Officials, are authorized to execute a purchase agreement on behalf of the City and Board containing such terms and conditions as they deem appropriate and not inconsistent with this Ordinance. Section 7. Resolution of Official Intent to Reimburse Expenditures with Borrowings. The City of Norwich (the “Issuer”) hereby expresses its official intent pursuant to section 1.150-2 of the Federal Income Tax Regulations, Title 26 (the “Regulations”), to reimburse expenditures paid sixty days prior to and after the date of passage of this Resolution in the maximum amount and for the capital project defined in Section 1 with the proceeds of bonds, notes, or other obligations (“Bonds”) authorized to be issued by the Issuer. The Bonds shall be issued to reimburse such expenditures not later than 18 months after the later of the date of the expenditure or the substantial completion of the project, or such later date the Regulations may authorize. The Issuer hereby certifies that the intention to reimburse as expressed herein is based upon its reasonable expectations as of this date. The Comptroller, and General Manager of the City of Norwich Department of Public Utilities or their designee is authorized to pay project expenses in accordance herewith pending the issuance of reimbursement bonds, and to amend this declaration. Section 8. It is hereby found and determined that it is in the public interest to issue all, or a portion of, the Bonds, Notes or other obligations of the City authorized to be issued herein as qualified private activity bonds, or with interest that is includable in gross income of the holders thereof for purposes of federal income taxation. The Issuer Officials are hereby authorized to issue and utilize without further approval any financing alternative currently or hereafter available to municipal government pursuant to law, including but not limited to any “tax credit bond,” or “Build America Bonds” including Direct Payment and Tax Credit Versions. Section 9. This Ordinance shall be effective upon adoption by the City Council and its approval by the Board. Upon a motion of Ald. Gould, seconded by Ald. Singh, on a roll call vote it was unanimously voted, pursuant to Connecticut General Statutes § 1-200 and 1-210, that the members of the Norwich City Council go into Executive Session for the purpose of discussing the acquisition or disposition of real estate or interests in real estate when publicity regarding the proposed acquisition or disposition would cause a likelihood of an increased price to acquire and a diminished price to dispose of the property, to consider an action to enforce or implement a legal right, and to review feasibility evaluations and reports made for the City of Norwich regarding such property, and to review commercial and financial information given the city in confidence not required to be disclosed by law. City Manager John Salomone, Comptroller Joshua Pothier, Director of Planning and Neighborhood Services Deanne Rhodes, Police Chief Patrick Daley, Brian Humes, Architect and Corporation Counsel Michael E. Driscoll shall be asked to participate during all or portions of this Executive Session at the request of the City Council. Council and invited attendees reported to Executive Session at 9:00 pm. 23 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH October 7, 2024 Upon motion of Ald. Nash, seconded by Ald. Gould on a roll call vote it was unanimously voted to reconvene at 10:06 pm at which time Mayor Nystrom, stated no votes were taken. Upon motion of Ald. Gould, seconded by Ald. Nash on a roll call vote it was unanimously voted to adjourn at 10:07 pm. City Clerk 24