Title
A Resolution of the Lexington-Fayette Urban County Government authorizing the advertisement for bids and the distribution of a Preliminary Official Statement for the purchase of the principal amount of its various purpose General Obligation Bonds, Series 2023A, in an aggregate principal amount of $38,500,000 (which amount may be increased by an amount of up to ten percent (10%) or decreased by an unlimited amount). [Dept. of Finance, Hensley]
Summary
Authorization to approve advertisement for bids and the distribution of a Preliminary Official Statement for the purchase of the principal amount of its Various Purpose General Obligation Bonds, Series 2023A in an aggregate principal amount not to exceed $38,500,000 (which May be increased by 10%). Funds are Budgeted. (L0653-23) (Hensley)
Budgetary Implication]: NO
Advance Document Review:
Law: Yes, Completed by David Barberie, June 14, 2023
Risk Management: No
Fully Budgeted: Cost is included in the Issuance of the Bonds per the Ordinance authorizing the sale of the bonds.
Account Number: N/A
This Fiscal Year Impact: $0
Annual Impact: $0
Project:
Activity:
Budget Reference:
Current Balance:
Body
WHEREAS, the Lexington-Fayette Urban County Government has previously determined the necessity of financing the acquisition of various projects for dept.s within the Lexington-Fayette Urban County Government, including, but not limited to (i) city hall pre-development project phase II, Phoenix Park development, Douglass Park pool and bath house construction, radio replacement, new Firetrucks and other Fire safety related projects, new Police cars, Rd. construction and improvements, Rd. resurfacing, Rd. maintenance, Rd. upgrades, streetscapes and sidewalk improvements, public art and beautification projects, renovations, repairs and upgrades related to public buildings, vehicle acquisitions, and various other improvements within dept.s of the Lexington-Fayette Urban County Government, (II) providing funding for a Program to preserve and manage agricultural, rural and natural lands, including the purchase of conservation easements or development rights (collectively, the “Series 2023A Project”); and
WHEREAS, the Lexington-Fayette Urban County Government has determined to proceed with the advertisement of bids for the purchase of its Various Purpose General Obligation Bonds, Series 2023A, in one or more subseries on a tax-exempt or taxable basis in the principal amount of $38,500,000 (which amount May be increased by an amount of up to ten percent (10%) or decreased by an unlimited amount) (the “Series 2023A Bonds”), in order to (i) provide funds to finance a portion of the Series 2023A Project, and (II) pay the costs of issuing the Series 2023A Bonds; and
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE LEXINGTON-FAYETTE URBAN COUNTY GOVERNMENT (THE “URBAN COUNTY COUNCIL”):
SECTION 1. The Lexington-Fayette Urban County Government, an Urban County Government and political subdiv. of the Commonwealth of Kentucky, shall issue its Series 2023A Bonds in one or more subseries on a tax-exempt or taxable basis in the principal amount of $38,500,000 (which amount May be increased by an amount of up to ten percent (10%) or decreased by an unlimited amount), in order to provide funds for (i) the Series 2023A Project as identified above; and (II) pay the costs of issuing the Series 2023A Bonds.
SECTION 2. The Lexington-Fayette Urban County Government shall comply with the requirements of Chapter 66 and 424 of the Kentucky Revised Statutes by advertising for bids for the purchase of the Series 2023A Bonds. Advertisement May be publicized by newspaper publication in The Courier-Journal, published in Louisville, Kentucky; the Lexington Herald-Leader, published in Lexington, Kentucky; and The Bond Buyer, published in New York City, New York; or, in the alternative, by posting a notice of sale to a nationally recognized electronic bidding system. The Mayor, the Clerk of the Urban County Council, the Commissioner of Finance and/or Chief Administrative Officer are hereby authorized to prepare such instruments and to distribute such information as shall be necessary to accomplish the foregoing, including preparation of a Preliminary Official Statement (the “Preliminary Official Statement”) which Preliminary Official Statement is to be deemed final in accordance with Rule 15c2-12 of the Securities and Exchange Commission (the “Rule”). In order to enable prospective purchasers to submit bids for the purchase of the Series 2023A Bonds, the Lexington-Fayette Urban County Government hereby covenants and agrees that it will execute, comply with and carry out all of the provisions of a continuing disclosure certificate (the “Continuing Disclosure Certificate”) in connection with the issuance of the Series 2023A Bonds. Failure to comply with any such provisions of the Continuing Disclosure Certificate shall not constitute a default on the Series 2023A Bonds; however, any holder of the Series 2023A Bonds, including the beneficial owners of the Series 2023A Bonds, May take such action as May be necessary and appropriate, including seeking specific performance, to cause the Lexington-Fayette Urban County Government to comply with its obligations under the Continuing Disclosure Certificate. Further, the Mayor is hereby authorized and directed on behalf of the Lexington-Fayette Urban County Government to execute all such instruments as shall be necessary to accomplish all of the foregoing.
SECTION 3. Such proposals shall be received and reviewed by the Commissioner of Finance and shall be acted upon by the Mayor on that same day in accordance with the terms of the bond Ordinance with respect to the Series 2023A Bonds.
SECTION 4. The Mayor shall, in a certificate of award accepting the successful bid for the Series 2023A Bonds (the “Certificate of Award”), determine the exact principal amount of Series 2023A Bonds to be issued, the subseries designations of the Series 2023A Bonds, the rate or rates of interest which said Series 2023A Bonds shall bear, redemption provisions and the interest rate or rates on said Series 2023A Bonds shall be automatically fixed at the rate or rates set out in the successful bid accepted by said Certificate of Award. The proceeds of the sale of the Series 2023A Bonds shall be applied to the costs of the Series 2023A Project and paying the costs of issuance of the Series 2023A Bonds, and shall be expended as provided in the bond Ordinance authorizing the Series 2023A Bonds.
SECTION 5. In the event that no bid shall be accepted for the purchase of the Series 2023A Bonds, bids May again be solicited for the purchase of the Series 2023A Bonds at a future date and hour at the discretion of the Mayor and the Commissioner of Finance, without the necessity of further authorization by the Urban County Council of the Lexington-Fayette Urban County Government.
SECTION 6. All Resolutions or orders or parts thereof, if any, in conflict with the provisions of this Resolution, are to the extent of such conflict, hereby repealed.
SECTION 7. This Resolution shall become effective upon the date of its passage.
[Remainder of page intentionally left blank]
INTRODUCED AND GIVEN FIRST READING AND SECOND READING AND ADOPTED at a duly convened meeting of Urban County Council of the Lexington-Fayette Urban County Government held on the _____ day of _________________, 2023, signed by the Mayor, attested under seal by the Clerk of Urban County Council, and ordered to be published, filed and indexed as provided by law.
LEXINGTON-FAYETTE URBAN COUNTY GOVERNMENT
By:
Linda Gorton
Mayor
ATTEST:
By:
Abigail Allan
Urban County Council Clerk
CERTIFICATE
I, the undersigned, Urban County Council Clerk of the Lexington-Fayette Urban County Government, do hereby certify that the foregoing Resolution is a true and complete copy of a certain Resolution duly adopted by the Urban County Council of said Lexington-Fayette Urban County Government at a lawfully convened meeting of the Urban County Council of the Lexington-Fayette Urban County Government held on ________________, 2023, signed by the Mayor and now in full force and effect, all as appears from the official records of the Lexington-Fayette Urban County Government in my possession and under my control.
I do hereby further certify that said Resolution has not been amended, modified, superseded or repealed and that same remains in full force and effect as of the date of this Certificate.
WITNESS my hand as of this ____ day of ________________, 2023.
Urban County Council Clerk
[SEAL]
CERTIFICATE
I do hereby certify that the title to this enactment contains an accurate synopsis of the contents thereof and May be used to satisfy the reading and publication requirements of law.
DINSMORE & SHOHL LLP
By:
John C. Merchant, Esq.
Attorney at Law