Common Council Meeting -- 06.21.2023

LEGISLATION IN COMMITTEE OF THE WHOLE City of Utica Common Council June 21st 2023 Type & Number Title/Description Date Committed PRO. RES. 24 Designation of Official Newspaper 03/15/2023 PRO. ORD. 3 Bond Ordinance 06/07/2023  Submitted to council by: Comptroller’s Office Proposed Ordinance No. 3 Submitted to council on: 05 / 24 / 23 Proposed Resolution No. Sent to Council Attorney on: 05 / 24 / 23 Thursday Rule Waiver Required? N Date of Legislation: 06 / 07 / 23 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmembers Meola, Williamson BOND ORDINANCE DATED JUNE 7, 2023 BOND ORDINANCE AUTHORIZING THE ISSUANCE OF $250,000 SERIAL BONDS OF THE CITY OF UTICA, ONEIDA COUNTY, NEW YORK TO FINANCE THE COST OF THE PURCHASE OF COMPUTER EQUIPMENT. WHEREAS, all conditions precedent to the financing of the capital project described below, including compliance with the provision of the State Environmental Quality Revenue Act, have been performed; and WHEREAS, it is now desired to authorize the financing of such capital project; NOW THEREFORE, BE IT ORDAINED, by the Common Council of the City of Utica, Oneida County, New York as follows: Section 1. The City of Utica, Oneida County, New York (the “City”) is hereby authorized to undertake the purchase and installation of computer equipment, including firewalls, routers and network switches, at an estimated maximum cost not to exceed $250,000; Section 2. It is hereby determined that the maximum estimated cost of the aforesaid specific objects or purposes is $250,000, said amount is hereby appropriated therefor, and the plan for the financing thereof shall consist of the issuance of $250,000 in serial bonds (the “Bonds”) of the City which are hereby authorized to be issued pursuant to this ordinance and the provisions of the Local Finance Law. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific objects or purposes is five (5) years pursuant to Paragraph 32 of Section 11.0(a) of the Local Finance Law. Section 4. Any federal or New York State grant funds received by the City for the capital purposes described in Section 1 of this resolution shall be applied to pay the principal of and interest on the Bonds or any bond anticipation notes issued in anticipation of the Bonds, or to the extent obligations shall not have been issued under this resolution, to reduce the maximum amount to be borrowed for such capital purposes. The City Comptroller, as Chief Fiscal Officer, is hereby authorized to determine the allocation of any such federal or New York State grant funds for any one or more of the foregoing purposes.  Section 5. Pursuant to Section 107.00(d)(9) of the Local Finance Law, current funds are not required to be provided prior to issuance of the Bonds or any bond anticipation notes issued in anticipation of issuance of the Bonds. Section 6. The temporary use of available funds of the City, not immediately required for the purpose or purposes for which the same were borrowed, raised or otherwise created, is hereby authorized pursuant to Section 165.10 of the Local Finance Law, for the capital purposes described in Section 1 of this Ordinance. Section 7. The Bonds and any bond anticipation notes issued in anticipation of the Bonds, shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law and the Bonds, and any bond anticipation notes issued in anticipation of the Bonds, shall be general obligations of the City, payable as to both principal and interest by a general tax upon all the real property within the City without legal or constitutional limitation as to rate or amount. The faith and credit of the City are hereby irrevocably pledged to the punctual payment of the principal of and interest on the Bonds, and any bond anticipation notes issued in anticipation of the Bonds, and provision shall be made annually in the budget of the City by appropriation for (a) the amortization and redemption of the Bonds and bond anticipation notes to mature in such year, and (b) the payment of interest to be due and payable in such year. Section 8. Subject to the provisions of this Ordinance and of the Local Finance Law, and pursuant to the provisions of Sections 21.00, 30.00, 50.00, and 56.00 to 63.00, inclusive, of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the Bonds herein authorized, including renewals of such notes, and the power to prescribe the terms, form and contents of the Bonds, and any bond anticipation notes, and the power to sell and deliver the Bonds and any bond anticipation notes issued in anticipation of the issuance of the Bonds, and the power to issue bonds providing for substantially level or declining annual debt service, is hereby delegated to the City Comptroller, the Chief Fiscal Officer of the City. Section 9. This Ordinance shall constitute the declaration of the City’s “official intent” to reimburse the expenditures authorized by this Ordinance with the proceeds of the Bonds and bond anticipation notes authorized herein, as required by Treasury Regulation Section 1.150-2. Other than as specified in this Ordinance, no monies are reasonably expected to be, received, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the objects or purposes described herein. Section 10. The serial bonds and bond anticipation notes authorized to be issued by this Ordinance are hereby authorized to be consolidated, at the option of the City Comptroller, the Chief Fiscal Officer of the City, with the serial bonds and bond anticipation notes authorized by other Bond Ordinances previously or hereafter adopted by the Common Council for purposes of sale in to one or more bond or note issues aggregating an amount not to exceed the amount authorized in such ordinances. All matters regarding the sale of the bonds, including the date of the bonds, the use of electronic bidding, the consolidation of the serial bonds and the bond anticipation notes with other issues of the City and the serial maturities of the bonds are hereby delegated to the City Comptroller, the Chief Fiscal Officer of the City.  Section 11. The validity of the Bonds authorized by this Ordinance and of any bond anticipation notes issued in anticipation of the Bonds may be contested only if: (a) such obligations are authorized for an object or purpose for which the City is not authorized to expend money; or (b) the provisions of law which should be complied with at the date of the publication of this Ordinance are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty (20) days after the date of such publication; or (c) such obligations are authorized in violation of the provisions of the Constitution. Section 12. The City Comptroller, as Chief Fiscal Officer of the City, is hereby authorized to enter into an undertaking for the benefit of the holders of the Bonds from time to time, and any bond anticipation notes issued in anticipation of the sale of the Bonds, requiring the City to provide secondary market disclosure as required by Securities and Exchange Commission Rule 15c2-12. Section 13. This Ordinance is not subject to a mandatory or permissive referendum. Section 14. The Common Council hereby determines that the specific objects or purposes authorized by this Ordinance constitutes a “Type II Action”, within the meaning of the New York State Environmental Quality Review Act (the “SEQR Act”) and the regulations adopted pursuant thereto by the New York State Department of Environmental Conservation (the “Regulations”), and no further environmental review is required under the SEQRA Act and Regulations. Section 15. This Ordinance, which takes effect immediately, shall be published in full or summary form in The Observer Dispatch, the official newspaper, together with a notice of the City Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. MEMBERS AYES NAYS MEMBERS AYES NAYS ADOPTED OR DISAPPROVED BY 1 K. Aiello 6 J. Betrus THE FOLLOWING VOTE: 2 R. Burmaster 7 M. Williamson AYES _______ NAYS _______ 3 C. Friend 8 S. Colosimo-Testa DATE ADOPTED _____/_____/ 2023 4 F. Meola 9 F. DiBrango 5 V. Ervin 10 M. Galime  Submitted to council by: Councilmember Aiello Proposed Ordinance No. Submitted to council on: 03 / 15 / 23 Proposed Resolution No. 24 Sent to Council Attorney on: 03 / 15 / 23 Thursday Rule Waiver Required? Y Date of Legislation: 03 / 15 / 23 Explanation provided to council on: / / ________________________________________________________________________________________________________________________________________ CITY OF UTICA Department of Legislation Common Council Sponsored by: Councilmember Aiello RESCIND AND REPLACE DESIGNATION OF OFFICIAL NEWSPAPER 2022 – 2023 BE IT RESOLVED, that the Common Council of the City of Utica, New York does hereby rescind and replace the following: RESCIND: that Observer-Dispatch be, and is hereby designated as, the official newspaper in and for the City of Utica, New York for the ensuing two years. REPLACE: that Daily Sentinel be, and is hereby designated as, the official newspaper in and for the City of Utica, New York for the term ending December 31st 2023. MEMBERS AYES NAYS MEMBERS AYES NAYS ADOPTED OR DISAPPROVED BY 1 K. Aiello 6 J. Betrus THE FOLLOWING VOTE: 2 R. Burmaster 7 M. Williamson AYES _______ NAYS _______ 3 C. Friend 8 S. Colosimo-Testa DATE ADOPTED _____/_____/ 2023 4 F. Meola 9 F. DiBrango 5 V. Ervin 10 M. Galime