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042-06BOARD OF SUPERVISORS A RESOLUTION AUTHORIZING FREDERICK COUNTY TO SUBMIT AN APPLICATION TO VPSA FOR SCHOOL FINANCING AND TO SCHEDULE A PUBLIC HEARING WHEREAS, the Board of Supervisors has determined that it is advisable to contract a debt and issue general obligation bonds of the County in the maximum amount of $6,530,000 to finance certain capital improvements for public school purposes (the "Bonds") and to sell such bonds to the Virginia Public School Authority ("VPSA"); and WHEREAS, the Board of Supervisors has determined that it may be necessary or desirable to advance money to pay the costs for such capital projects for public school purposes (the "Projects") and to reimburse such advances with proceeds of one or more financings; NOW, THEREFORE, BE IT RESOLVED BY THE FREDERICK COUNTY BOARD OF SUPERVISORS: The Board of Supervisors adopts this declaration of official intent under Treasury Regulations Section 1.150.2. The Board of Supervisors reasonably expects to reimburse advances made or to be made by the County or the School Board to pay the costs of acquiring, constructing and equipping the Projects ._. from the proceeds of the Bonds to be issued in the maximum amount of $6,530,000. The County Administrator is authorized and directed to submit an application to the VPSA in order to sell the Bonds to the VPSA at the Spring 2006 VPSA bond sale. The County Administrator is authorized to advertise a public hearing to be held on February 22, 2006 on the issuance of the Bonds. This resolution shall take effect immediately upon its adoption. Adopted this 8"' day of February, 2006. Johp~ .Riley, Jr. Co ty Administrator Board of Supervisors Resolution No.: 042-06 cc: Cheryl Shiffler, Finance Director C. William Orndoff, Jr., Treasurer Dr. William C. Dean, School Superintendent Lisa Frye, School Finance Director BOARD OF SUPERVISORS COUNTY OF FREDERICK FREDERICK, VIRGINIA RESOLUTION At a regular meeting of the Frederick County Board of Supervisors held on the 8th day of February, 2006, the following resolution was adopted by a majority of the members of the Board of Supervisors by the following roll call vote, as recorded in the minutes of the meeting: PRESENT: VOTE: Richard C. Shickle, Chairman Aye Bill M. Ewing Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Barbara E. Van Osten Aye Charles S. DeHaven, Jr. Aye ABSENT: No one was absent. Frederick County ('ublic Schools ... to ensure afl students an exeeifent education D'vectar of Fnance DATE: January 30, 2006 TO: John R. Riley, County Administrator THROUGH: William C. Dean, Ph.D., Superinten ell nt ~~- FROM: Lisa K. Frye, Director of Finance K'~~ fryel~frederidc.kl2.va.us ~:~.~ ^.~ - . - ;~ ;: ~~ ~.. i,,_ ~~ -- ., 'c1' ` ~ ~'i~;~si~ ,b Y. i .':> / _ ,_ . SUBJECT: VPSA Spring 2006 Bond Sale Application, Purpose and Associated Resolutions The application - Attachment A: Attached is the application for the spring 2006 bond issue, which has been signed by Bill Dean and needs to be signed by you. No other signatures are required. The application deadline is February 16, 2006. Please review and sign the application at your convenience. Please note the project estimates on page 3, question 2. The expected cost of the 11`~ elementary school ($15,839,000) is the actual project budget. The expected cost of the replacement Gainesboro ($17,800,000) is the amount estimated for this project in June 2005. At this time, a better estimate is unknown. As you are aware, once the bids aze received, the school division will seek a revised project cost and appropriation for the remaining project. The 1" resolution to authorize the application-Attachment B: Also attached is the VPSA resolution for the board of supervisors to consider at thew February 8, 2006 meeting. The supervisor's resolution authorizes the application, states its intent to issue bonds, and authorizes advertisement of a public hearing (Attachment C) on February 22, 2006. This initial resolution and the notice of public hearing have been e-mailed to your office. As a reminder, the requirement for advertisement of the hearing is once a week for two consecutive weeks in the same newspaper with the second publication at least a week before the hearing. Bond counsel recommends advertisement on February 8~` and February 15'x. if the proposed February 22, 2006 date for public hearing presents too much difficulty due to the advertising requirement, March 8~' could be an alternative date. The resolution is for a total of $6,530,000. This amount is based on the estimated cash needed until November 2006 (the date of the next bond sale). $830,000 of the bond amount is for the final borrowing on the 11th elementary school. $1,000,000 of the bond amount is for the reimbursement of expenditures to date and through May for the replacement Gainesboro school project (reference attached November 9, 2005 Board of Supervisor Resolution). The remaining $4,700,000 is for site development and construction of the replacement Gaiaesboro elementary school. The 2"d resolution to authorize the bond debt: After the public hearing and subsequent action on February 22, 2006, a 2id resolution approving the debt, as well as the bond sale agreement, can be mailed in time to meet the March 27, 2006 deadline. Attachmems (3) pc: William C. Dean, Ph.D., Superintendent 7415 Amherst Street www.frederick.k12.va.us 540.662-3888 P.O. Box 3508 fax 540-722.2788 Winchester, Virginia 22604-2546 ATTACI-A~IENT B LONG AND INTERMEDIATE-TERM FINANCING APPLICATION VIRGINIA PUBLIC SCHOOL AUTHORITY SCHOOL FINANCING BONDS (1997 RESOLUTIONI SERIES 2006 A GENERAL INFORMATION 1. Name of County/City: Frederick County, Virginia 2. Name and address of County Administrator/City Manager: John R Riley, Jr. 107 N. Kent Street Winchester, VA 22601 Telephone: (540) 665-5666 Fax: (540)667-0370 E-mail: i_riley(a)co.frederick.vaus 3. Name and address of School Superintendent: William C. Dean, Ph.D. P.O. Box 3508 Winchester, VA 22604 Telephone: (540).662-3888 Fax: (540) 772-2788 E-mail: deanwna.frederick.kl2.va.us 4. Name of Principal Contact: (All further correspondence will be directed to this person unless noted) John R Riley, Jr. (copy to William C. Dean, Ph.D., Superintendent) Telephone: (540) 665-5666 Fax: (540) 667-0370 E-mail: jrilev~co.frederick.vaus Mailing Address: 107 N. Kent Street, Winchester, VA 22601 Hand Delivery Address: same as above 1~FIN~250633.1 5. Bond Counsel: (firm, attorney, address, telephone, fax & E-mail:) Gerald K Mayfield McGuireWoods LLP 901 East Cary Street Richmond, VA 23219-4030 Telephone: (804) 775-1107 Fax (804) 698-2256 Email: ~ayfield(a,mcguirewoods.com Note: Localities are required to take all action necessary to procure the services of qualified Bond Counsel prior m the submission of this application. PROJECT INFORMATION THE FOLLOWIlVG SECTION OF THE APPLICATION IS RESERVED FOR STANDARD REQUESTS FOR FINANCINGS AMORTIZED FROM ELEVEN YEARS AND LONGER I. Requests for Long-Term Project b"mancu v (Sce page 4 for Intermediate-Term 1'Snancing) Seclion A - Project Descri~ron 1. Briefly describe the Project(s) and indicate whether the Project(s) will be subject to arty leases or management or service contracts: (a separate page may be used). (a) 11 m elementary school -construction (b) replacement school for Gainesbaro Elementary School 2. Total Expected Costs: (a) $15,839,000 (b) $17,800,000 3. Cost by Project(s) and Phase: (separate page may be used) Estimated Project(s) Estimated Estimated Completion Phase (a)11~' ele t ~ Useful Life $1 Date men ary 5,839,000 30+years Fall 2006 {b)GainesboroE.S. $17,800,000 30+yeazs Fall 2007 4. Amount of VPSA financing applied for (proceeds requested): $ 6.530.000 Note: The VPSA can only purchase local sdtool bonds in whole multiples of $5,000. If your actual cost is not a whole multiple of $5,000, please revise that amount up or down, (e.g., achaal amount $5,032,600 should be revised to either $5,035,000 or $5,030,000). Do not request a greater dollaz amount than you will reasonably expect to be able to spend. Minimum proceeds required, if applicable: $_ Maximum authorized par amount: $ Explanation for minimum proceeds requirement: Note: In order to meet requests for a minimum amount of procceds, such as m connection wiflr the refunding of a prior obligation, it will be necessary in have sufficiently broad bond issuance authority to accommodate possible adjustments needed in the paz amount of local school bonds issued at the time of the VPSA band sale. School and governing body resolutions and notices of public hearing should be Prepared accordingly. 5. Has the County/City applied for a Literary Fund Loan to fund all or a portion of the Project(s)? (Indicate whether loan was for the entire cost) ves X no If yes, please list amount applied for and date of applicatian. Amount: $ Date: Date of Approval from Board of Education if Literary Funds are expected: Date: Note: ff fiords are borrowed from the VPSA in lieu of receiving a Literary Fund loan, the locality will be removed from the Literary Fund waiting list for this Project This does not apply if a locality permanently funds a portion of the Project with VPSA bonds and funds the remainder with a Literary Fund loan. Tn any everrt, future Literary Fund loans may not be used to redeem bonds sold to the VPSA 6. Other Funding Sources: See Question 5 below Section B - Pr'ojed Staters What is the status of planning, design and construction for the Froject(s)? Answer the following questions for the Project(s): (a separate page maybe used). 1. Have the final plans and specifications, architect's or engineer's statement and the division superintendent's approval been submitted to the Superintendent of Public Inst.ruction (as required by §22.1-140 oftlne Code of Virginia)? (a) X Yes ~,._ no 2. What is the bid date for the Project(s) (a) Apri12005 (b) March 2006 3 • Estimated Construction Start Date: (a) June 2005 (b) April 2006 4. Estimated Construction Completion Date (a) Summer 2006 (b) Summer 2007 5. Has arty money been expended on the Projects}? (a) and (b) ves na If yes, indicate (i) the source of such money (ii) the date(s) of expenditure of such money, and (id) the type of expenditure. (See questions 4 and 5, on page 6, under "Project Aufhorization'~ (a) (i) VPSA (Series 2004A, B, Series 2005A, B, Series 2006A); (i) Summer 2004 to date; (iii) design, site, construction (b) (i) local funds and VPSA funds (Series 2006A,B and 2007A), (ii) Late 2005, Early 2006, (iii) design and site testing 6. Has the Project(s) been completed? yes ~a) and b{~ X no 4 Section C- FinancuagRequested Preferred Amortization Schedule: Principal is expected to be paid in annual installments starting on July 15, 2007. The Authority will consider permitting the use of amortization schedules oilier than level principal and wiIl consider amortization periods other than twenty years. To request an alternative amortization schedule for such loans, please indicate your preference on the application. Preferred Amortization Period: 11-20 years 20 ears Over 20 years (Explain) Preferred Principal Structure: Level Principal X_ _ Level Debt Service Oilier (Explain) THE FOLLOWING SECTION OF THE APPLICATION LS RESERVED FOR REQUESTS FOR FINANCING EQUIPMENT OR OTHER PROJECTS AMORTIZED- OVER A PERIOD OF TEN YEARS OR LESS. II. Requests For Intermediate-Term Financing (See page 2 for Long-Term Financing) Section A -Project Description 1. Briefly describe the Project(s) and indicate whether the Project(s) will be subject to any leases or management or service contracts: (a separate page may be used). 2. Total Expected Costs: 3. Cost By Project(s) and Phase (Construction or Equipment Acquisition Schedule) (separate page may be used) Estimated Project(s) Estimated Estimated Completion Phase Cost Useful Life Date 4. Amount of VPSA Financing applied for (proceeds requested): $ Note: The VPSA can arily pwchase local school bonds in whole muhiples of $5,000. If yow actual cost is not a whole multiple of $5,000, please revise that amount up or down, (e.g., actual amount $5,032,600 should be revised to either $5,035,000 or $5,030,000). Do not request a greater dollar amount than you will reasonably expect to be able tb spend Minimum proceeds required, if applicable: $ Maximum authorized par amount: $ Explanation for minimum proceeds requirement-. Note: In order to meet requests for a minimum amount of proceeds, such as in comiection with We refunding of a prior obligation, it will be necessary to have sufficiently broad bond issuance authority to accommodate possible adjustments needed in the par amount of local school bonds issued at the time _ of the VPSA band sale. School and governing body resolutions and notices of public hearing should be Prepared accordingly. 5. Has the County/City applied for a Literary Fund Loan to fund all or a portion of the Project(s)? (indicate whether loan was for the entire cost) yes no If yes, please list amount applied for and date of application Amount. Date: Date of Approval from Boazd of Education if Literary Funds are expected: Date: Note: ff funds are borrowed from the VPSA in lieu of receiving a Literary Fund loan, the locality will be removed from the Literary Fund waiting list for this Project This does not apply if a locality permanently fiords a portion of the Project with VPSA bonds and funds the remainder with a Literary Fund loan. In arty everrt, fixture Literary Fund loans may not be used to redeem bonds sold to the VPSA 6. Other Funding Sources: Section B -Project Status • What is the status of planning, design and construction or acquisition for the Project(s) or Equipment? • Answer the following gnestion$ for the. Project(s): 1. Estimated Start Date: 2. Estimated Completion Date:, 3. Has arty money been expended on the Project(s)? _yes no If yes, indicate (i) the source of such money (ii) the date(s) of expenditure of such money, and (iii) die type of expenditure. (See questions 4 and 5, on page 6, under "Project Authorization") 4. Has the Project(s) been completed? yes no • Answer the following questions for the Project(s) (if applicable): 5. For Projects, have the final plans and specifications, architect's or engineer`s statement and the division " superir-ter-derrt's approval been submitted to the Superintendent of Public Instruction (as required by §22.1-140 of the Code of Vireinia)? yes no 6. What is the bid date(s) for the Project(s): Section C- F~ancingRequested Amortization Schedule Preferred: (Debt Service is expected to be paid with semi-annual paymerrts. The first irrterest payment is due on January 15, 2007 and the first principal installment on July 15, 2007 with subsequent irrterest paymerrts due on each January 15 and July 15.) Preferred Arr~rtization Period• 5 years 10 years Other Preferred Principal Structure• Level Principal _ Level Debt Service Other (Explain) 7 PLEASE COMPLETE EACH OF THE FOLLOWING QUESTIONS: III. Project Authorrcation 1. Have your Boards approved the Project(s) and authorized this application to VPSA for the needed financing? Approved by School Board X yes no Approved by County Board/ City Council * .yes no * (~~~~~zasosm Certified copies of resolutions are attached 2. Were these bands or any school Projects the subject of a referendum within the previous 5 years? _yes X no If yes, provide the date of referendum: Did the referendum pass? _~.as ~ NOTE: Please enclose a copy of the ballot quesfion and the official results. 3. Person(s) responsible for disbursing and investing bond proceeds Name: Lisa K Frye, Duector of Finance Address: F.O. Box 3508, Winchester, VA 22604 Telephone: 540-662-3888 Fax: 540-722-2788 4. Will bond proceeds from this sale be used to repay a Bond Anticipation Note, Certificate of Participation or other form of interim/temporary financing (the "prior Obligation")? _yes X no If Yes, please provide the following terms of the Prior Obligation: (i) Name and Amount of Prior Obligation and Bond Counsel for Transaction (ii) Date of Issue and Mat<nity of prior Obligation (iii) Redemptia~n Provisions (e.g., notice, premium, etc.) (iv) Amount of Prior Obligation to be Refunded with VPSA bond proceeds 8 (v) Please provide a brief description of the other anticipated sources of funds to refund the Prior Obligation (e.g., local g~eral funds} (vi) Please provide airy other amounts needed to refund the Prior Obligation, including arty accrued interest and redemption premium (vii) Unexpended proceeds as of date of application (viii) Date Prior Obligation is irrtended to be redeemed 5. (a) Were the proceeds of the Prior Obligation used to reimburse yourself for expenses paid before the Prior Obligation was obtained? ,_yes no (b) Will bond proceeds from this sale be used to reimburse you for prior expenditures? X yes no If the answer to 5(a) or S(b) is Yes, please attach a copy of your reimbursement resolution Also, please include a list briefly describing the expenditures you plan to reimburse with proceeds from this sale. The proceeds would be used to reimburse the wurriy for any site or construction invoices which may be paid prior to receipt of the bond proceeds. (c) What amount of proceeds of the Prior Obligation have been spent? (d) What amourrt of proceeds of the Prior Obligation do you anticipate to have spent by November 10, 2005 (e) Are the proceeds of the Prior Obligation invested widr SNAP? _yes no If no, where are they invested? 6. Have you executed arty undertaking in regards to continuing disclosure not associated with the VPSA? _x_yes no If Yes, please include copies of any such undertakings. Please refer to the Fall 2002 issue for copies of the undertaking. It is an Indushial Development Authority issue dated November 2001. 9 ~~: Submitted by ,' (County A~n?inistrator- J R Riley) Submitted by _ ~;?U~~.. LQ.~,_,,_ (School Superintendent -William C. Dean) THIS APPLICATION MUST BE COMPLETED AND RETURNED BY 5:00 PM ON FEBRUARY 16, 2006 TO vpsa antrs.yirgin1a.~ov OR BY MAIL TO: Richard A Davis, Public Finance Manager Department of the Treasury Commonwealth of Virginia By Delivery to. 101 North 14th St, 3rd Floor Richmond, Virginia 23219 By U.S. Mail to: P.O. Box 1879 Richmond, VA 23218-1879 LOCALITIES NOT RETURNING THIS FORM WILI. NOT BE INCLUDED IN THE SALE. 10 NOTICE OF PUBLIC HEARING ON PROPOSED BOND FINANCING BY THE COUNTY OF FREDERICK, VIRGINIA Notice is hereby given that the Board of Supervisors of the County of Fredericl~ Virginia (the "County") will hold a public hearing in accordance with Section 15.2-2606 of the Code of Virginia of 1950, as amended, on the issuance of general obligation school bonds (the "Bond") of the County in the estimated maximum amount of $6,530,000 to finance certain capital projects for public school purposes. A resolution authorizing the issuance of the Bond will be considered by the Board of Supervisors at its meeting on February 22, 2006. The public hearing, which may be continued or adjourned, will be held at 7:15 p.m., or as soon thereafter as the matter may be heard, on February 22, 2006, before the Board of Supervisors in the Board of Supervisors' Meeting Room, 107 North Kent Street, Winchester, Virginia. All interested individuals are invited to attend and present oral or written comments. [Notice to be published on February 8a' and 1 S~'] \\FIN\2503a3.2