TOWN OF BROOKFIELD

WARNING:  NOTICE OF SPECIAL TOWN MEETING

The legal voters of the Town of Brookfield, and those entitled to vote therein, are hereby warned and notified to meet at the Brookfield High School Auditorium, 45 Longmeadow Hill Road, Brookfield, Connecticut, on Monday, February 22, 2010 at 7:30 P.M., for the following purposes, to wit:

1.             To discuss and consider a resolution (a) authorizing an appropriation of $5,300,000 to fund the costs of planning, design, renovation, construction, improvement, acquisition and equipping of recreational facilities in the Town, comprised of renovations of and improvements to Cadigan Park, the Town beach on Candlewood Lake Road and Kid’s Kingdom on Pocono Road (the “Recreational Facilities Improvement Project”); (b) authorizing the Town to issue its bonds or notes and temporary notes in the aggregate maximum amount not to exceed $5,300,000 to finance the appropriation for the Recreational Facilities Improvement Project, and authorizing 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) declaring the Town’s official under Federal Income Tax Regulations to reimburse itself from proceeds of borrowings for any temporary advances of funds of the Town to pay Project costs; (d) authorizing the First Selectman and the Treasurer to reduce the scope of the Recreational Facilities Improvement Project and spend the entire amount of the appropriation on the Project as so reduced in scope if the Recreational Facilities Improvement Project cannot be completed for the amount appropriated; and (e) authorizing 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 Recreational Facilities Improvement Project, (ii) apply for and accept Federal and State grants to defray said appropriation and enter into grant agreements for the accomplishment of the Recreational Facilities Improvement Project, the proceeds of which grants may be used to pay project costs or principal and interest on bonds or notes and temporary notes and shall reduce the amount of bonds or notes issued pursuant to this resolution by the amount of grant funds, if any, received for such Project unless an additional appropriation for the expenditure of such grant proceeds is approved in accordance with the Town Charter, provided, however, the authority to issue bonds or notes shall not be reduced by any grant funds received or receivable by the Town pursuant to a prior grant commitment, allocation or agreement relating to any component of the Recreational Facilities Project for which funds have been separately appropriated, and (iii) take all other action which is necessary or desirable to complete the Recreational Facilities Improvement Project and accomplish the above name purposes. 

2.             To discuss and consider a resolution (a) authorizing an appropriation of $10,000,000 to fund the costs of the planning, design, construction, and improvement of deteriorating roads throughout the Town (the “Town-wide Road Improvement Project”); (b) authorizing the Town to issue its bonds or notes and temporary notes in the aggregate maximum amount not to exceed $10,000,000 to finance the appropriation for the Town-wide Road Improvement Project, and authorizing 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) declaring the Town’s official under Federal Income Tax Regulations to reimburse itself from proceeds of borrowings for any temporary advances of funds of the Town to pay Project costs; (d) authorizing the First Selectman and the Treasurer to reduce the scope of the Town-wide Road Improvement Project and spend the entire amount of the appropriation on the Project as so reduced in scope if the Town-wide Road Improvement Project cannot be completed for the amount appropriated; and (e) authorizing 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 Town-wide Road Improvement Project, (ii) apply for and accept Federal and State grants to defray said appropriation and enter into grant agreements for the accomplishment of the Town-wide Road Improvement Project, the proceeds of which grants may be used to pay project costs or principal and interest on bonds or notes and temporary notes and shall reduce the amount of bonds or notes issued pursuant to this resolution by the amount of grant funds, if any, received for such Project unless an additional appropriation for the expenditure of such grant proceeds is approved in accordance with the Town Charter, and (iii) take all other action which is necessary or desirable to complete the Town-wide Road Improvement Project and accomplish the above name purposes.  . 

3.             To discuss and act upon a resolution setting Tuesday, April 13, 2010 from the hours of 6:00 a.m. through 8:00 p.m., as the date and polling hours for the referendum vote on the resolutions contained in Items 2 and 3 of the call of the meeting.

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 10th day of February, 2010.

William R. Davidson, First Selectman
Howard Lasser, Selectman
Steve O'Reilly, Selectman

 

 

 

 

 

 

BOND RESOLUTION

OF THE TOWN OF BROOKFIELD

RECREATIONAL FACILITIES Improvement Project

Item __.   Upon the recommendation of the Board of Selectmen and approval of the Board of Finance,

BE IT RESOLVED THAT:

(a)        That the Town of Brookfield appropriate FIVE MILLION THREE HUNDRED THOUSAND DOLLARS ($5,300,000) to fund the costs of the planning, design, renovation, construction, improvement, acquisition and equipping of recreational facilities in the Town, comprised of renovations of and improvements to Cadigan Park, the Town beach on Candlewood Lake Road and Kid’s Kingdom on Pocono Road (the “Recreational Facilities Improvement Project”).  The appropriation may be spent for design, installation, demolition and construction costs, surveys, testing materials, engineering fees, architects’ fees, land acquisition, furnishings and equipment, site improvements, legal fees, net interest on borrowings, and other expenses related to the Recreational Facilities Improvement Project.

(b)        That the Town issue its serial bonds, notes or obligations in an amount not to exceed FIVE MILLION THREE HUNDRED THOUSAND DOLLARS ($5,300,000) to finance the appropriation for the Recreational Facilities Improvement Project.  The bonds or notes shall be issued pursuant to Section 7‑369 of the General Statutes of Connecticut, Revision of 1958, as amended (the “General Statutes”), 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 Selectmen 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 Recreational Facilities Improvement Project, provided the amount of notes outstanding at any time shall not exceed FIVE MILLION THREE HUNDRED THOUSAND DOLLARS ($5,300,000).  The notes shall be issued pursuant to Section 7-378 of the General Statutes, 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 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 Recreational Facilities Improvement 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 and the Treasurer are authorized to reduce the scope of the Recreational Facilities Improvement Project and spend the entire amount of the appropriation on the Project as so reduced in scope if the Recreational Facilities Project cannot be completed for the amount appropriated.

(f)        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.

(g)        That the First Selectman, Treasurer or other proper officers of the Town designated by the First Selectman and the Treasurer, as appropriate, are authorized to apply for and accept Federal and State grants and/or loans to defray said appropriation and enter into contracts and agreements for the accomplishment of the Recreational Facilities Improvement 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 Recreational Facilities Improvement Project will be reduced by the amount of grant funds, if any, received by the Town for such Project unless an additional appropriation for the expenditure of such grant proceeds on the Project is approved in accordance with the Town Charter; provided, however, the authority to issue bonds or notes under this resolution shall not be reduced by any grant funds received or receivable by the Town pursuant to a prior grant commitment, allocation or agreement relating to any component of the Recreational Facilities Project for which funds have been separately appropriated.

(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 Recreational Facilities Improvement Project and to issue bonds or notes to defray the aforesaid appropriation.


BOND RESOLUTION

OF THE TOWN OF BROOKFIELD

Town-wide Road Improvement Project

__.       Upon the recommendation of the Board of Selectmen and approval of the Board of Finance,

BE IT RESOLVED THAT:

(a)        That the Town of Brookfield appropriate TEN MILLION DOLLARS ($10,000,000) to fund the costs of the planning, design, construction, and improvement of deteriorating roads throughout the Town (the “Town-wide Road Improvement 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 Town-wide Road Improvement Project.

(b)        That the Town issue its serial bonds, notes or obligations in an amount not to exceed TEN MILLION DOLLARS ($10,000,000) to finance the appropriation for the Town-wide Road Improvement Project.  The bonds or notes shall be issued pursuant to Section 7‑369 of the General Statutes of Connecticut, Revision of 1958, as amended (the “General Statutes”), 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 Selectmen 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 Town-wide Road Improvement Project, provided the amount of notes outstanding at any time shall not exceed TEN MILLION DOLLARS ($10,000,000).  The notes shall be issued pursuant to Section 7-378 of the General Statutes, 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 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 Town-wide Road Improvement 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 and the Treasurer are authorized to reduce the scope of the Town-wide Road Improvement Project and spend the entire amount of the appropriation on the Project as so reduced in scope if the Town-wide Road Improvement Project cannot be completed for the amount appropriated.

(f)        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.

(g)        That the First Selectman, Treasurer or other proper officers of the Town designated by the First Selectman and the Treasurer, as appropriate, are authorized to apply for and accept Federal and State grants and/or loans to defray said appropriation and enter into contracts and agreements for the accomplishment of the Town-wide Road Improvement 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 Town-wide Road Improvement Project will be reduced by the amount of grant funds, if any, received by the Town for such Project unless an additional appropriation for the expenditure of such grant proceeds on road improvements is approved in accordance with the Town Charter.

(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 Town-wide Road Improvement Project and to issue bonds or notes to defray the aforesaid appropriation.

 


RESOLUTIONS/MOTIONS FOR THE BOARD OF SELECTMEN

Item #_.

WHEREAS, the Board of Selectman has received a request for approval of a $5,300,000 appropriation for the planning, design, renovation, construction, improvement, acquisition and equipping of recreational facilities in the Town, comprised of renovations of and improvements to Cadigan Park, the Town beach on Candlewood Lake Road and Kid’s Kingdom on Pocono Road (the “Recreational Facilities Improvement Project”).

NOW, THEREFORE, BE IT RESOLVED that the Board of Selectmen hereby

(a)        recommends that the Town of Brookfield appropriate $5,300,000 for costs of the Recreational Facilities Improvement Project and issue its bonds or notes and temporary notes in an amount not to exceed $5,300,000 to finance the appropriation;

(b)        approves the bond resolution for the Recreational Facilities Improvement Project, substantially in the form attached hereto, with such changes as the First Selectman shall determine and as are consistent with Board of Finance approval of said appropriation and bond authorization; and.

(c)        requests that a copy of this resolution, including the attachments, be filed with the Town Clerk and the Board of Finance.

[Attach Bond Resolution for Recreational Facilities Improvement Project]

Item #_.

WHEREAS, the Board of Selectman has received a request for approval of a $10,000,000 appropriation for the planning, design, construction, and improvement of deteriorating roads throughout the Town to be accomplished over a five to seven year period (the “Town-wide Road Improvement Project”).

NOW, THEREFORE, BE IT RESOLVED that the Board of Selectmen hereby

(a)        recommends that the Town of Brookfield appropriate $10,000.000 for costs of the Town-wide Road Improvement Project and issue its bonds or notes and temporary notes in an amount not to exceed $10,000,000 to finance the appropriation;

(b)        approves the bond resolution for the Town-wide Road Improvement Project, substantially in the form attached hereto, with such changes as the First Selectman shall determine and as are consistent with Board of Finance approval of said appropriation and bond authorization; and.

(c)        requests that a copy of this resolution, including the attachments, be filed with the Town Clerk and the Board of Finance.

[Attach Bond Resolution for Town-wide Road Improvement Project]


Item #_.

WHEREAS, the Town Charter provides that upon recommendation by the Board of Selectmen and approval by the Board of Finance, resolutions authorizing the issuance of bonds and/or notes of the Town in excess of $1,000,000 be submitted for consideration at a duly warned Town Meeting and be authorized at a referendum.

NOW, THEREFORE, BE IT RESOLVED:

1.         That subject to approval of each project by the Board of Finance, that a Special Town Meeting be held on February 22, 2010 for consideration of the Recreational Facilities Improvement Project and the Town-wide Road Improvement Project and determining the date of the referendum.

2.         That the Warning and Notice of Special Town Meeting in the form attached hereto, with such additions and deletions to be made by the First Selectman as may be necessary in order to be consistent with the approval of the Board of Finance and for other matters to come before such Town Meeting, be approved.

[Attach Draft Notice of Special Town Meeting]