RESOLUTION NO. RS2006-1329

Initial resolution determining to issue general obligation bonds of The Metropolitan Government of Nashville and Davidson County in an aggregate principal amount not to exceed Two Hundred Ninety-Six Million Three Hundred Twenty-Five Thousand Three Hundred Thirty-Two Dollars ($296,325,332) to be financed by the ad valorem levy on property in the general services district and in an aggregate principal amount of Twenty-Two Million Three Hundred Fifty-Six Thousand One Hundred Fifty Dollars ($22,356,150) to be financed by the ad valorem levy on property in the urban services district.

Whereas, it is necessary and in the public interest of The Metropolitan Government of Nashville and Davidson County (the "Metropolitan Government") to issue general obligation bonds (the "Bonds") in an aggregate principal amount not to exceed $296,325,332 to be financed by the ad valorem levy on property in the general services district ("GSD Bonds") and $22,356,150 to be financed by the ad valorem levy on property in the urban services district ("USD Bonds") for the purposes hereinafter provided (both GSD Bonds and USD Bonds are sometimes collectively referred to herein as the "Bonds"); and

Whereas, pursuant to Section 9-21-205, Tennessee Code Annotated, prior to the issuance of any general obligation bonds, the governing body of the local government proposing to issue said bonds shall adopt a resolution determining to issue the same; and

Whereas, for the purpose of complying with the requirements of said statute, the Metropolitan County Council of the Metropolitan Government adopts this resolution.

Now, therefore be it resolved by the Metropolitan County Council of The Metropolitan Government of Nashville and Davidson County:

Section 1. Purpose. For the purpose of financing all or a portion of the costs associated with the Public Works Projects hereinafter described, which such costs shall include (a) all costs authorized to be financed pursuant to Section 9-21-109, Tennessee Code Annotated, including without limitation, real and personal property acquisition costs, costs of construction, equipping, renovation and improvement, and (b) the payment or reimbursement of the payment of principal of and interest on any bonds, notes or other debt obligations issued in anticipation of the Bonds, the Metropolitan County Council hereby determines to issue the GSD Bonds in an aggregate principal amount of not to exceed $296,325,332 and the USD Bonds in an aggregate principal amount of not to exceed $22,356,150. The Public Works Projects to be financed with the GSD Bonds are: (1) computer software and hardware for the Circuit Court Clerk; (2) Convention Center capital projects; (3) District Energy System service projects; (4) major maintenance of several facilities; (5) construction and improvements to facilities for ADA compliance; (6) Fulton Complex infrastructure; (7) renovation, construction and maintenance to the Howard Office Building; (8) computer systems for e-procurement, contract and grants management systems; (9) facility improvements to the Fire and Police Training Academies; (10) construction and renovations to the City Hall building for future use; (11) enhancements to the e-budget information system; (12) improvements to the electronic business system; (13) construction of the Fulton complex parking structure; (14) renovation of the Criminal Justice Center; (15) land acquisition and design and construction of the West Precinct; (16) implementation of the master plan for the Fire Department; (17) demolition projects at various Metro locations; (18) roofing projects for Metro buildings; (19) design and planning for a backup site for Information Technology Systems; (20) renovation of the Trial Lawyers Building; (21) modifications to the Metro Southeast facility; (22) enhancements to the Metro Archives facility; (23) capital contributions to the African-American Museum, the W.O. Smith Music School, the Nashville Symphony Hall and the Frist Center for the Visual Arts; (24) purchase of equipment for General Hospital; (25) computer software replacement and upgrades for the Bordeaux Long Term Care facility; (26) facility renovation and repair to the Bordeaux Long Term Care facility and the Knowles Home; (27) a pharmacy packaging system for Bordeaux Long Term Care; (28) construction of a metal storage building for the vehicle fleet shop; (29) business continuity and disaster recover for General Services; (30) design enhancements for the e-bid system; (31) upgrade of fuel delivery systems; (32) expansion, renovations, repairs and maintenance for facilities of the Health Department; (33) restoration of the Nashville City Cemetery; (34) computer hardware and software replacement for Information Technology Systems; (35) risk mitigation to protect the data center during renovations to the Howard Office Building; (36) network and voice infrastructure projects in connection with construction and renovation of Metro facilities; (37) computer systems for Justice Integration Services; (38) local matching and infrastructure funds for MDHA for John Henry Hale Homes; (39) construction of a new North Head Start facility and kitchen for the Metro Action Commission; (40) vehicle replacement for the Metro public school system; (41) construction, renovations and repairs for various Metro public school facilities; (42) construction of a new Cane Ridge High School; (43) technology upgrades for Metro public schools; (44) vehicle replacement and improvements for the Metro Transit Authority; (45) funding for the new Downtown Transit Center for the Metro Transit Authority; (46) life and safety upgrades for the Municipal Auditorium; (47) implementation of the master plan for Metro parks and greenways; (48) repair and maintenance for various facilities of Metro Parks; (49) land acquisition for Bellevue and Goodlettsville branch libraries; (50) traffic signal modifications; (51) construction, repair and maintenance of roadways and sidewalks including bikeways; (52) repair replacement and maintenance of bridges and associated drainage systems; (53) renovations of the Criminal Justice Center jail; (54) purchase and preparation of indigent burial plots at the Bordeaux Cemetery; (55) equipment replacement and repairs for the Gaylord Entertainment Center-Arena; (56) capital projects for the Tennessee State Fairgrounds; (57) miscellaneous storm water control projects, all as further described in Exhibit A hereto. The Public Works Projects to be financed with the USD Bonds are: (1) infrastructure improvements for the Music City Moves project; (2) traffic signal installations and modifications; (3) construction, repair and maintenance of roads and sidewalks; (4) street safety lighting replacements; (5) repairs, updates and improvements to the Bordeaux Landfill, all as further described in Exhibit A hereto. With regard to both GSD Bonds and USD Bonds, the Public Works Projects to be financed by the Bonds include the acquisition or construction of certain public art as required by Ordinance No. BL2000-250.

Section 2. Authorization. The Bonds described herein shall be issued pursuant to the Charter of the Metropolitan Government and/or the Local Government Public Obligations Act of 1986, as amended, codified as Title 9, Chapter 21, Tennessee Code Annotated, and no referendum or election shall be required for the issuance of the Bonds unless a petition for an election relating to their issuance is filed within the time and in the manner provided for in said statute.

Section 3. Use of Proceeds for Technology. No proceeds from the issuance of the Bonds as provided herein shall be used for the acquisition, purchase or upgrading of any technology unless and until the Director of Finance has conducted a cost-benefit or other economic analysis as to the most efficient use of such proceeds and has authorized the expenditure of the same.

Section 4. Interest. The maximum rate of interest of the Bonds shall not exceed the maximum rate permitted by applicable law.

Section 5. Source of Payment. The principal of, premium, if any, and interest on the Bonds shall be payable from and secured by ad valorem taxes to be levied on all taxable property in the General Services District of the Metropolitan Government, without limitation as to time, rate or amount. The Bonds will be direct general obligations of the Metropolitan Government, and the full faith and credit of the Metropolitan Government, together with the taxing power of the Metropolitan Government as to all taxable property in the General Services District for the GSD Bonds and the Urban Services District for the USD Bonds, will be hereby irrevocably pledged.

Section 6. Publication of Resolution. The Metropolitan Clerk is hereby directed to cause this Resolution, upon its adoption, together with the statutory notice required by Section 9-21-206, Tennessee Code Annotated, to be published in full once in a newspaper published and having general circulation in the Metropolitan Government.

Section 7. Effective Date. This resolution shall take effect from and after its adoption, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Amanda McClendon

Attachment on file in the Metropolitan Clerk's Office

AMENDMENT NO. 1
TO
RESOLUTION NO. RS2006-1329

Mr. President:

I move to amend Resolution No. RS2006-1329 by adding the following language at the end of Section 1 thereof:
Provided that no disbursement of any proceeds from the sale of the general obligation bonds approved herein shall be made on any of the capital contributions listed in item number (23) hereinabove until and unless bond counsel for the Metropolitan Government provides a written opinion that such disbursement is lawful under the Constitution and laws of the State of Tennessee and, where applicable, the Charter of the Metropolitan Government and will not adversely affect the tax exempt status of the bonds under the laws of the United States.

Sponsored by: Amanda McClendon

AMENDMENT NO. 2
TO
RESOLUTION NO. RS2006-1329

Mr. President:

I move to amend Resolution No. RS2006-1329 by deleting Exhibit A thereto and substituting the revised Exhibit A as it is attached to this Amendment.

Sponsored by: Amanda McClendon

View Attachment

LEGISLATIVE HISTORY

Referred: Budget & Finance Committee 
Introduced: June 6, 2006
Deferred to July 18, 2006: June 6, 2006
Deferred: July 18, 2006
Amended: August 1, 2006
Deferred: August 1, 2006
Adopted: August 15, 2006 - Roll Call Vote
Approved: August 16, 2006 
By: