RESOLUTION NO. RS2012-276

Initial resolution determining to issue general obligation bonds of The Metropolitan Government of Nashville and Davidson County in an aggregate principal amount of not to exceed Two Hundred Ninety-Seven Million Six Hundred Sixty Thousand Dollars.

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 in an aggregate principal amount of not to exceed $297,660,000 (the "Bonds") for the purposes hereinafter provided; 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 purposes of financing (a) all or a portion of the costs of the acquisition of land for and the planning, design, development, construction, renovation, modification, improvement, upgrade, expansion, repair, maintenance, rehabilitation, equipping and/or acquisition of the following public works projects (as defined in Section 9-21-105, Tennessee Code Annotated): (1) sidewalks; (2) roads; (3) bikeways; (4) bridges; (5) traffic signals, systems, programs and other street equipment; (6) corridor redevelopment; (7) libraries and related facilities; (8) greenways; (9) parks and related facilities; (10) recreation centers and facilities; (11) open space areas; (12) riverfront improvements; (13) fire department equipment and buildings; (14) public buildings and related facilities; (15) weather warning systems; (16) software, hardware and other information technology systems, equipment and infrastructure related to public building and facilities and other public works projects; (17) crime laboratories and other law enforcement facilities; (18) vehicles, equipment, facilities, and other capital improvements for the Metropolitan Transit Authority (including monies for a grant match); (19) schools and (20) school buses, (b) acquisition of all property, real and personal, appurtenant to the foregoing, (c) legal, fiscal, administrative, architectural and engineering costs incident to all the foregoing, (d) all other costs authorized to be financed pursuant to Section 9-21-109, Tennessee Code Annotated, including without limitation, costs of issuance of the Bonds, and (e) 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 Bonds in an aggregate principal amount of not to exceed $297,660,000.

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. Interest. The maximum rate of interest of the Bonds shall not exceed seven and one-quarter percent (7.25%) or the maximum rate permitted by applicable law.

Section 4. Source of Payment. Debt service on the Bonds shall be payable from and secured by ad valorem taxes on all taxable property in the General Services District and Urban Services District, fully sufficient to pay all such debt service falling due prior to the time of collection of the next succeeding tax levy; provided, however, taxes so levied in the General Services District shall be levied in an amount sufficient to pay that portion of such debt service attributable to school projects and projects in the General Services District financed by the Bonds; and the taxes so levied in the Urban Services District shall be levied in an amount sufficient to pay that portion of such debt service attributable to projects in the Urban Services District financed by the Bonds; provided, further, however, that the Metropolitan Government shall be unconditionally and irrevocably obligated to levy and collect ad valorem taxes without limit as to rate or amount on all taxable property within the Metropolitan Government to the full extent necessary to pay all debt service on the Bonds, and the full faith and credit of Metropolitan Government shall be irrevocably pledged to the payment thereof.

Section 5. 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 6. Effective Date. This Resolution shall take effect from and after its adoption, the welfare of the Metropolitan Government requiring it.

Sponsored by: Sean McGuire

View Attachment(s)

Amendment No. 1
To
Resolution No. RS2012-276

Madam President:

I move to amend Resolution No. RS2012-276 as follows:
1. By deleting the phrase, “(16) software, hardware and other information technology systems, equipment and infrastructure related to public building and facilities and other public works projects;” wherein it appears in Section 1, and substituting in lieu thereof the phrase, “(16) software, hardware and other information technology systems, equipment and infrastructure related to public building and facilities and other public works projects, excluding schools;”.

2. By deleting the phrase, “and (20) school buses”, wherein it appears in Section 1, and substituting in lieu thereof the following:

“(20) school buses, and (21) technology infrastructure improvements for schools, limited to networking, server and student devices, and student-facing instructional systems,”

Sponsored by: Emily Evans

LEGISLATIVE HISTORY

Referred to: Budget & Finance Committee
Introduced: June 5, 2012
Deferred: June 5, 2012
Amended: June 19, 2012
Adopted: June 19, 2012
Approved: June 20, 2012
By: mayor's signature