TOWN CLERK’S CERTIFICATE
The undersigned,
Town Clerk of the Town of Brookfield, Connecticut hereby certifies as follows:
1. The Town of Brookfield, Connecticut
was established in 1788 by Special Act of the Connecticut General Assembly.
2. The Town has a home rule charter
which was adopted pursuant to Chapter 99 of the Connecticut General Statutes at
the election held on November 4, 1975.
Said Charter was most recently revised on November 6, 2007. No amendment or change has been approved
since that date and said Charter has been in full force and effect since that
date.
3. Except for the provisions in the
Town’s Charter, there are no ordinances or other regulations of the Town
pertaining to procedures for approving appropriations or bond or note
authorizations, or pertaining to procedures for the warning of special town
meetings or referenda; nor are there any ordinances or regulations of the Town
limiting its taxing power, or limiting the amount the Town may approve for any
item in its annual budget, or limiting the extent to which it may approve
special appropriations.
4. That attached hereto as Exhibit A
is a true, correct and complete copy of that portion of the minutes of the
Brookfield Board of Selectmen meetings held on June 26, 2008 and July 15, 2008 in
accordance with the provisions of the Freedom of Information Act (C.G.S.
Section 1-200 to 1-241, as amended), pertaining to the introduction, discussion
and action on a resolution recommending an appropriation of $750,000
(in addition to $31,000,000 previously appropriated, for a total
appropriation of $31,750,000) for the expansion and renovation of Brookfield
High School (the “Project”) and the issue of bonds or notes of in an amount not
to exceed $750,000 (in addition to $31,000,000 previously authorized for a
total borrowing authorization of $31,750,000) to finance said appropriation, which
minutes are duly recorded in the records of the Town.
5. That attached hereto as Exhibit B
is a true, correct and complete copy of that portion of the minutes of the
Brookfield Board of Finance meeting held on July 9, 2008 in accordance with the
provisions of the Freedom of Information Act (C.G.S. Section 1-200 to 1-241, as
amended), pertaining to the introduction, discussion and action on a resolution
approving and recommending an appropriation of $750,000 (in addition to $31,000,000
previously appropriated, for a total appropriation of $31,750,000) for the Project
and the issue of serial bonds or notes and temporary notes to defray said
appropriation in an amount not to exceed $750,000 (in addition to $31,000,000
previously authorized for a total borrowing authorization of $31,750,000),
which minutes are duly recorded in the records of the Town.
6. That attached hereto as Exhibit C
is a true, correct and complete copy of the warning and notice of the Special
Town Meeting of the Town of Brookfield held on August 5, 2008, 2008, pertaining
to the discussion and action on resolution appropriating $750,000 (in addition
to $31,000,000 previously appropriated, for a total appropriation of $31,750,000)
for the Project and approving the issue of serial bonds or notes and temporary
notes to defray said appropriation in an amount not to exceed $750,000 (in
addition to $31,000,000 previously authorized for a total borrowing authorization
of $31,750,000), which notice was published without error in the __________________ on _______, 2008 and in the ________________
on _______, 2008, was posted on the public signposts in the Town on ____________,
2008 and was duly recorded in the records of the Town.
7. That attached hereto as Exhibit D
is a true, correct and complete copy of that portion of the minutes of the
Special Town Meeting of the Town held on August 5, 2008, 2008 in accordance
with the provisions of the Freedom of Information Act (C.G.S. Sections 1-200 to
1-241, as amended), pertaining to the discussion and action on a resolution
appropriating $750,000 (in addition to $31,000,000 previously appropriated, for
a total appropriation of $31,750,000) for the Project and authorizing the issue
of serial bonds or notes and temporary notes to defray said appropriation in an
amount not to exceed $750,000 (in addition to $31,000,000 previously authorized
for a total borrowing authorization of $31,750,000, which minutes are duly
recorded in the records of the Town.
8. That attached hereto as Exhibit E
is a true, correct and complete copy of the Certificate of No Referendum Petition.
Signed and sealed at Brookfield, Connecticut as of
this ____ day of ___________, 2008.
[SEAL]
Town Clerk
RESOLUTION/MOTION FOR BOARD OF SELECTMEN
WHEREAS, on June
26, 2007, the Board of Selectmen recommended that the a request for the
approval of an additional $750,000 (in addition to $31,000,000 previously appropriated,
for a total appropriation of $31,750,000) for the expansion and renovation of
Brookfield High School (the “Project”) be forwarded to the Board of Finance;
and
WHEREAS, on July
9, 2008, the Board of Finance approved the recommendation of the additional
appropriation of $750,000 by the Town of Brookfield for the Project and the
issue of serial bonds or notes and temporary notes to defray said appropriation
in an amount not to exceed $750,000 (in addition to $31,000,000 previously authorized
for a total borrowing authorization of $31,750,000) .
NOW, THEREFORE,
BE IT RESOLVED:
1. That the Board of Selectmen hereby
ratifies and confirms its recommendation that the Town of Brookfield appropriate
an additional $750,000 (in addition to $31,000,000 previously appropriated, for
a total appropriation of $31,750,000) for the Project and further recommends
that the Town issue its serial bonds or notes and temporary notes to defray
said appropriation in an amount not to exceed $750,000 (in addition to $31,000,000
previously authorized for a total borrowing authorization of $31,750,000).
2. That the Board of Selectmen approves
the bond resolution for the Project, substantially in the form attached hereto,
with such changes as the First Selectman shall determine.
3. That a Special Town Meeting be held
on August 5, 2008, 2008 for consideration of and action on appropriation and
borrowing authorization for the Project.
4. That the Notice of Special Town
Meeting in the form attached hereto, with such changes as the First Selectman
shall determine, is hereby approved.
BOND
RESOLUTION
OF THE TOWN OF BROOKFIELD
Brookfield HIGH SCHOOL
Project
Upon the
favorable recommendation of the Board of Selectmen and approval of the Board of
Finance, BE IT RESOLVED:
(a) That the Town of Brookfield
appropriate SEVEN HUNDRED FIFTY THOUSAND DOLLARS ($750,000), in addition to the
$31,000,000 previously appropriated (for a total combined appropriation of $31,750,000),
for the completion of the expansion and renovation of Brookfield High School,
including expansion and renovation of classrooms and core facilities, code
compliance, infrastructure improvements and site improvements (the “Project”). The appropriation may be spent for design
and construction costs, surveys, testing materials, engineering fees,
architects’ fees, land acquisition, furnishings, site improvements, legal fees,
net interest on borrowings, and other expenses related to the Project.
(b) That the Town issue its serial bonds
or notes in an amount not to exceed SEVEN HUNDRED FIFTY THOUSAND DOLLARS ($750,000)
in addition to the $31,000,000 previously authorized (for a total combined authorization
of $31,750,000), to finance the appropriation for the Project. The bonds or notes shall be issued pursuant
to Sections 7‑369 and 10-289 of the General Statutes of Connecticut,
Revision of 1958, as amended, and any other enabling acts. The bonds or notes shall be secured by the
irrevocable pledge of the full faith and credit of the Town. The bonds or notes may be issued in one or
more series, and any series may be sold as a single issue or consolidated with
any other bonds or notes of the Town.
The Treasurer shall keep a record of the bonds or notes. The First Selectman and the Treasurer of the
Town shall sign the bonds or notes by their manual or facsimile
signatures. The bonds or notes shall
bear the seal of the Town or a facsimile of the seal. The First Selectman and the Treasurer are authorized to determine
the amount, date, interest rates, maturities, form and other details of the
bonds or notes; to sell the bonds or notes at public or private sale; to
deliver the bonds or notes; and to perform all other acts which are necessary
or appropriate to issue the bonds or notes.
(c) That the Town issue and renew its
temporary notes from time to time in anticipation of the receipt of the
proceeds from the sale of the bonds or notes for the Project, provided the
amount of notes outstanding at any time for said project shall not exceed SEVEN
HUNDRED FIFTY THOUSAND DOLLARS ($750,000) in addition to the $31,000,000
previously authorized by the Town (for
a total combined authorization of $31,750,000). The notes shall be issued pursuant to Section 7‑378 of the
General Statutes of Connecticut, Revision of 1958, as amended, and shall be secured
by the irrevocable pledge of the full faith and credit of the Town. The Town shall comply with the provisions of
Section 7‑378a of the General Statutes if the notes do not mature within
the time permitted by said Section 7‑378. The First Selectmen and the Treasurer are authorized to determine
the amounts, dates, interest rates, maturities, form, and other details of the
notes; to sell the notes at public or private sale; to deliver the notes; and to perform all other
acts which are necessary or appropriate to issue the notes.
(d) That the Town hereby declares its
official intent under Federal Income Tax Regulation Section 1.150‑2 that
Project costs may be paid from temporary advances of available funds and that
the Town reasonably expects to reimburse any such advances from the proceeds of
borrowings in an aggregate principal amount not in excess of the amount of
borrowing authorized above for the Project.
The First Selectman and Treasurer are authorized to amend such
declaration of official intent as they deem necessary or advisable and to bind
the Town pursuant to such representations and covenants as they deem necessary
or advisable in order to maintain the continued exemption from federal income
taxation of interest on the bonds or notes authorized by this resolution if
issued on a tax‑exempt basis, including covenants to pay rebates of
investment earnings to the United States in future years.
(e) That the First Selectman, Treasurer
and other proper officers of the Town are authorized to make representations
and enter into written agreements for the benefit of holders of the bonds or
notes to provide secondary market disclosure information, which agreements may
include such terms as they deem advisable or appropriate in order to comply
with applicable laws or rules pertaining to the sale or purchase of such bonds
or notes.
(f) That the First Selectman and the
Treasurer are authorized to reduce the scope of the High School Project and
spend the entire amount of the appropriation on the Project as so reduced in
scope if the Project cannot be completed for the amount appropriated.
(g) That the First Selectman, Treasurer
and other proper officers of the Town designated by the First Selectman and the
Treasurer are authorized to apply for and accept Federal and State grants to
defray said appropriation and enter into any grant agreements for the
accomplishment of the Project. Any
grant proceeds may be used to pay Project costs or principal and interest on
bonds, notes or temporary notes. The
authority to issue bonds or notes under this resolution for the Project will be
reduced by the amount of grant funds, if any, received by the Town for such
Project.
(h) That the First Selectman, the
Treasurer and other proper officers of the Town are authorized to take all
other action which is necessary or desirable to complete the Project and to
issue bonds or notes to defray the aforesaid appropriation.
Board of Selectmen
_________________________________
Robert Silvaggi, First Selectman
_________________________________
Jerome T. Murphy, Selectman
_________________________________
Joni Park, Selectman
TOWN OF BROOKFIELD
WARNING: NOTICE OF SPECIAL TOWN MEETING
The electors and citizens
qualified to vote in town meetings of the Town of Brookfield are hereby warned
and notified to meet in Meeting Room 133 at the Brookfield Town Hall, 100
Pocono Road, Brookfield, Connecticut, on Tuesday, August 5, 2008 at 7:30 P.M.,
for the following purposes, to wit:
1. To consider and act upon resolution
(a) to appropriate $750,000, in addition to the $31,000,000 previously
appropriated (for a total combined appropriation of $31,750,000), for the
completion of the expansion and renovation of Brookfield High School, including
expansion and renovation of classrooms and core facilities, code compliance,
infrastructure improvements and site improvements (the “Project”); (b) to
authorize the issuance of general obligation bonds or notes and temporary notes
of the Town in the aggregate maximum amount not to exceed $750,000 in addition
to the $31,000,000 previously authorized (for a total combined authorization of
$31,750,000) to finance the appropriation for the Project, and authorize the
First Selectman and the Treasurer to determine the amount, date, interest
rates, maturities, form and other details of the bonds or notes and temporary
notes; (c) to declare under Federal Income Tax Regulations the Town’s official
intent that project costs may be paid from temporary advances of available
funds and that the Town reasonably expects to reimburse any such advances from
the proceeds of borrowings in an amount not in excess of the amount of
borrowing authorized for the Project; and (d) to authorize the First Selectman,
the Treasurer and other proper officers of the Town to (i) make representations
and enter into agreements to provide secondary market disclosure information
with respect to any borrowings for the Project, (ii) reduce the scope of the
Project and spend the entire amount of the appropriation on the Project as so
reduced in scope if the Project cannot be completed for the amount
appropriated, (iii) apply for and accept Federal and State grants to defray
said appropriation and enter into grant agreements for the accomplishment of
the Project, the proceeds of which grants may be used to pay project costs or
principal and interest on bonds, notes or temporary notes and reduce the amount
of bonds or notes issued pursuant to this resolution by the amount of grant
funds, if any, received for such Project, and (iv) take all other action which
is necessary or desirable to complete the Project and accomplish the above name
purposes. Copies of said resolution are
on file and available for public inspection at the Office of the Brookfield
Town Clerk.
Dated at Brookfield, Connecticut, this ______ day of
___________, 2008.
Board of Selectmen
_________________________________
Robert Silvaggi, First Selectman
_________________________________
Jerome T. Murphy, Selectman
_________________________________
Joni Park, Selectman
RETURN OF NOTICE
I HEREBY CERTIFY that
attached is a copy of a warning and notice of a Special Town Meeting of the
Town of Brookfield, Connecticut (the “Town”), signed by the Town Clerk of the
Town.
I FURTHER CERTIFY that I
caused a copy of said warning and notice to be published in the
________________, a newspaper having a general and substantial circulation in
said Town, on _____ __, 2008.
I FURTHER CERTIFY that on
________ __, 2008, I caused to be set upon all the signposts within the limits
of said Town and at all other places designated by the Town a written copy of
said warning and notice.
I FURTHER CERTIFY that
all of the above acts were done at least five days before the holding of said
special town meeting August 5, 2008.
I FURTHER CERTIFY that the attached notice and foregoing return of
notice are duly recorded in the records of the Town.
____________________________
First Selectman
Brookfield,
Connecticut
CERTIFICATE OF NO REFERENDUM PETITION
The undersigned HEREBY CERTIFIES that no
sufficient petition was filed requesting that item 1 on the call of the Special
Town Meeting of the Town of Brookfield, Connecticut held August 5, 2008 be
submitted to referendum pursuant to Section 7-7 of the General Statutes of
Connecticut, Revision of 1958, as amended.
Signed and sealed at Town of Brookfield, Connecticut, this ____ day of
______________, 2008.
[SEAL] _______________________
Town Clerk
Town of Brookfield