DISCLAIMER

 

06-033-O

ORDINANCE NO. __________


AN ORDINANCE AUTHORIZING THE ISSUANCE, SALE AND DELIVERY OF GENERAL OBLIGATION STEAM UTILITY REVENUE BONDS OF THE CITY OF DULUTH IN AN AMOUNT NOT TO EXCEED $4,525,000 FOR THE IMPROVEMENT OF THE DULUTH STEAM PLANT UPON TERMS AND CONDITIONS TO BE PROVIDED BY RESOLUTION OF THE CITY COUNCIL AND PLEDGING REVENUES FOR THE PAYMENT THEREOF.

BY COUNCILOR STEWART:

The city of Duluth does ordain:

     Section 1. Bond purpose and authorization.

     1.01 Under and pursuant to the provisions of Section 55 of the City Charter, Minnesota Laws, 1979, Chapter 113 and Chapter 475 of Minnesota Statutes and other pertinent provisions of said Charter and statutes, the city is authorized to issue its general obligation revenue bonds to provide funds for the improvement of the municipal steam plant, which bonds shall be a specific lien upon such plant and may be payable primarily from net revenues to be derived from service charges pledged for their payment.

     1.02 The city council determines that it is necessary and desirable to make improvements to the central steam utility located in the Downtown area of Duluth (the Duluth Steam Plant), including the:

     (a)  Improvements to and equipment for the Duluth Steam Plant for energy savings and operating efficiencies through, or associated with, the guaranteed energy savings contract with Johnson Controls, Inc., which provide for the following:

           (1)  Reinsulating approximately 5,950 feet of steam distribution lines;

           (2)  Installing approximately 128 insulating valve blankets in the distribution system;

           (3)  Installing a water softening system for four boilers;

           (4)  Modifying three coal pulverizers to increase boiler efficiency;

           (5)  Installing a combustion control system for the operation of four boilers;

     (b)  Improvements to and equipment for the Duluth Steam Plant for replacement of the coal conveyor system, repairs to the stack, replacement of the coal pulverizer for boiler number three and funding for the short fall for costs to construct facilities to transport heat and chilled water and related improvements to the Duluth Entertainment Convention Center for use in heating and cooling the DECC;

and determines that it is necessary to issue general obligation revenue bonds in an amount not exceeding $4,525,000 for the purpose of paying for the improvements, and paying for a portion of the interest cost of the issue, as allowed by Minnesota Statutes, Section 475.56.

     1.03 The city heretofore issued and sold general obligation steam revenue bonds dated December 1, 1998, now outstanding in the amount of $105,000; dated December 1, 2000, now outstanding in the amount of $185,000; dated February 1, 2002, now outstanding in the amount of $230,000; dated September 1, 2003, now outstanding in the amount of $2,115,000; and dated June 1, 2005, now outstanding in the amount of $1,250,000. Under the provisions of the ordinances authorizing said bonds, the city reserved the privilege of issuing additional bonds payable from said net revenues on a parity with the bonds dated December 1, 1998, December 1, 2000, February 1, 2002, September 1, 2003, and June 1, 2005.

     1.04 Pursuant to the authority herein recited, the city council authorizes and directs the sale of general obligation steam utility revenue bonds of the city of Duluth in an amount not exceeding $4,525,000 for the purposes stated in Section 1.02 hereof and pledges the full faith and credit and taxing powers of the city irrevocably to the extent required, for the payment of the principal and interest when due on such bonds and the maintenance of a reserve securing such payment, and also pledges and appropriates irrevocably for such payments the net revenues to be derived from time to time from the operation of the Duluth Steam Plant in excess of the normal reasonable and current costs of the operating and maintenance thereof.

     1.05 The city reserves the right and privilege of issuing additional bonds and of pledging and appropriating the net revenues of the Duluth Steam Plant for the payment thereof, when authorized in accordance with the law and the City Charter and determined by the city council to be necessary for the improvement of the utility or for the refunding of indebtedness payable from said net revenues, provided that no such pledge shall constitute a lien upon the net revenues superior to the pledge thereof for the payment of the bonds issued hereunder.

     Section 2. Term of bonds.

     2.01 The city council shall, by resolution or resolutions, provide for the issuance and sale of such bonds in one or more series and shall fix the precise maturities, interest rates, redemption provisions, and other terms and conditions of such bonds, and covenants securing their payment, and prescribe the form thereof, and offer to sell such bonds in such manner and at such time or times as shall be deemed in the public interest, all in accordance with the provisions of Minnesota Statutes, Chapter 475, and other applicable laws.

     Section 3. Revenues and accounts.

     3.01 The city council shall, by resolution or resolutions, provide for the method of imposing and collecting just and equitable charges for all use and for the availability of facilities of the Duluth Steam Plant at the times and amounts required to pay the normal, reasonable, and current operating expenses and to maintain the Duluth Steam Plant and also to produce net revenues at least adequate at all times to pay the principal and interest due on the bonds issued hereunder and on all other bonds hereafter issued and made payable from said net revenues.

     3.02 The city council shall, by further resolution or resolutions, establish appropriate accounts and credit monies from the proceeds of the bonds herein authorized to accounts, all in accordance with Section 54 of the City Charter and Chapter 475 of Minnesota Statutes.

     Section 4. Certifications of proceedings.

     4.01 The city clerk is directed to file with the county auditor of St. Louis County, Minnesota, a certified copy of this ordinance, and such other information as the county auditor may require, and to obtain from the county auditor a certificate stating that the bonds herein authorized have been duly entered on his register.

     4.02 The officers of the city and the county auditor are authorized and directed to prepare and furnish to the purchasers of the bonds, and to bond counsel, certified copies of all proceedings and records of the city relating to the authorization and issuance of the bonds and such other affidavits and certificates as may reasonably be required to show the facts relating to the legality and marketability of the bonds, as such facts appear from the official books and records of the officer's custody or are otherwise known. All such certified copies, certificates, and affidavits, including any heretofore furnished, constitute representations to the city as to the correctness of the facts recited therein and the actions stated therein to have been taken.

     Section 5. Effective date.

     5.01 That this ordinance shall take effect and be in force 30 days from and after its date of passage and publication.


STATEMENT OF PURPOSE:  This ordinance authorizes the issuance of general obligation steam utility revenue bonds not exceeding $4,525,000 for improvements to the Duluth Steam Plant and are payable primarily from net revenues of the Duluth Steam Plant. The improvements to the Duluth Steam Plant include the improvements under the guaranteed energy savings contract with Johnson Controls, Inc., and improvements to the coal conveyor system, repairs to the stack, replacement of a coal pulverizer and additional funds for the costs to provide heat and cooling to the DECC.