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