ORDINANCE 191-07

ORDINANCE 191-07

BOND ORDINANCE AMENDING BOND ORDINANCE NUMBERED 157-05 OF THE TOWNSHIP OF UPPER FREEHOLD, IN THE COUNTY OF MONMOUTH, NEW JERSEY FINALLY ADOPTED AUGUST 4, 2005 IN ORDER TO AMEND THE DESCRIPTION OF THE ROAD IMPROVEMENT PROJECT.

BE IT ORDAINED BY THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF UPPER FREEHOLD, IN THE COUNTY OF MONMOUTH, NEW JERSEY (not less than two-thirds of all members thereof affirmatively concurring) AS FOLLOWS:

Section One. Section 3(a) of Bond Ordinance numbered 157-05 of the Township of Upper Freehold (the "Township") finally adopted August 4, 2005 is hereby amended to read as follows:

"(a) The improvement hereby authorized and the purpose for the financing of which the bonds are to be issued is the improvements to the following roads: Chambers Road, Rues Road, Harvey Road, Meirs Road, Polhemustown Road, East Elridge Road, Arneytown-Hornerstown Road, Davis Station Road, Potts Road, New Street, Stone Hill Road, Provinceline Road, Cliffwood Drive, Lonnie Drive, Millstream Road, East Branch Road, Roosevelt Road, Wingate Court, Waterbury Court, Tyler Road, Quaker Hill Road, Huntington Court and Drews Lane, including all work and materials necessary therefor and incidental thereto."

Section Two. The Township hereby certifies that it has adopted a capital budget or a temporary capital budget, as applicable. The capital or temporary capital budget of the Township is hereby amended to conform with the provisions of this ordinance to the extent of any inconsistency herewith. To the extent that the purposes authorized herein are inconsistent with the adopted capital or temporary capital budget, a revised capital or temporary capital budget has been filed with the Division of Local Government Services.

Section Three. This bond ordinance shall take effect 20 days after the first publication thereof after final adoption, as provided by the Local Bond Law.

Approved on First Reading: October 4, 2007

Approved, Passed & Adopted: October 18, 2007

DATED: _______________________ ATTEST:

______________________________ ______________________________

Stephen J. Fleischacker, Mayor Barbara L. Bascom, RMC/CMC

Administrator/Clerk

Re: TOWNSHIP OF UPPER FREEHOLD

AMENDING BOND ORDINANCE #157-05 TO AMEND PROJECT DESCRIPTION

_21_ Certified copy of the minutes of the meeting of the Township Committee held on ___/___/___ showing introduction of the ordinance.

_22_ Affidavit of Publication in local newspaper following introduction of the ordinance.

_23_ Certified copy of the minutes of the meeting of the Township Committee held on ___/___/___ showing public hearing and final adoption of the ordinance.

_24_ Affidavit of Publication in local newspaper following final adoption of the ordinance.

_25_ Clerk’s Certificate executed no sooner than 21 days following final publication of the ordinance.

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BELOW FOR McMANIMON & SCOTLAND, L.L.C. USE ONLY

Posted: __/__/__ Useful Life: N/A Reviewed By: ____

§20 Costs: N/A Mayor’s Approval: ___/___/___

Amends/Amended By: Ord. #157-05 F/A: August 4, 2005

Amendment: Description of Project________________

Supplements: Ord. #____________ F/A: ___/___/___

Original Appropriation/Authorization: $___________/$___________

Authorization for CFO to Sell Notes: _____ Yes _____ No

Resolution Authorizing CFO to Sell Notes: F/A ___/___/___

Grant Moneys Expected: N/A

====================================================================================

NOTES/BONDS ISSUED HEREUNDER
AMOUNT	DATE	MATURITY	RATE	PAYDOWN	NEW/ RENEWAL	REMAINING AUTHOR-IZATION

EXTRACT from the minutes of a _________________ meeting of the Township Committee of the Township of Upper Freehold, in the County of Monmouth, New Jersey held at the _______________________ in the Township on ________________, 2007 at _______ o’clock ___.m.

PRESENT:

ABSENT:

[Attach appropriate minutes hereto]

CERTIFICATE

I, Barbara Bascom, Clerk of the Township of Upper Freehold, in the County of Monmouth, State of New Jersey, HEREBY CERTIFY that the foregoing annexed extract from the minutes of a meeting of the governing body of the Township duly called and held on _______________, 2007 has been compared by me with the original minutes as officially recorded in my office in the Minute Book of the governing body and is a true, complete and correct copy thereof and of the whole of the original minutes so far as they relate to the subject matters referred to in the extract.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of the Township this ______ day of ______________, 2007.

___________________________________

Barbara Bascom, Clerk

(SEAL)

PRESENT:

ABSENT:

[Attach appropriate minutes hereto]

CERTIFICATE

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of the Township this ______ day of ______________, 2007.

___________________________________

Barbara Bascom, Clerk

(SEAL)

CLERK’S CERTIFICATE

I, Barbara Bascom, Clerk of the Township of Upper Freehold, in the County of Monmouth, State of New Jersey, HEREBY CERTIFY as follows:

1. I am the duly appointed Clerk of the Township of Upper Freehold, in the County of Monmouth, State of New Jersey (herein called the "Township"). In this capacity I have the responsibility to maintain the minutes of the meetings of the governing body of the Township and the records relative to all ordinances and resolutions of the Township. The representations made herein are based upon the records of the Township.

2. Attached hereto is a true and complete copy of an ordinance passed by the governing body of the Township on first reading on ______________, 2007 and finally adopted by the governing body on ______________, 2007 and, where necessary, approved by the Mayor on _____________, 2007.

3. On ____________________, 2007 a copy of the ordinance and a notice that copies of the ordinance would be made available to the members of the general public of the municipality who requested copies, up to and including the time of further consideration of the ordinance by the governing body, was posted in the principal municipal building of the Township at the place where public notices are customarily posted. Copies of the ordinance were made available to all who requested them.

4. A certified copy of this ordinance and a copy of the amended capital budget form has been filed with the Director of the Division of Local Government Services.

5. After final passage, the ordinance, a copy of which is attached hereto, was duly published on _______________, 2007. No protest signed by any person against making the improvement or incurring the indebtedness authorized therein, nor any petition requesting that a referendum vote be taken on the action proposed in the ordinance has been presented to the governing body or to me or filed in my office within 20 days after the publication or at any other time after the final passage thereof.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of the Township this _______ day of _____________, 2007.

_____________________________________________

Barbara Bascom, Clerk

[SEAL]

NOTICE OF PENDING BOND ORDINANCE AND SUMMARY

The bond ordinance, the summary terms of which are included herein, was introduced and passed upon first reading at a meeting of the governing body of the Township of Upper Freehold, in the County of Monmouth, State of New Jersey, on _____________, 2007. It will be further considered for final passage, after public hearing thereon, at a meeting of the governing body to be held at the _______________, in the Township on _________, 2007 at _____ o’clock __.m. During the week prior to and up to and including the date of such meeting, copies of the full ordinance will be available at no cost and during regular business hours at the Clerk’s office for the members of the general public who shall request the same. The summary of the terms of such bond ordinance follows:

Title: "Bond Ordinance Amending Bond Ordinance Numbered 157-05 of the Township of Upper Freehold, in the County of Monmouth, New Jersey Finally Adopted August 4, 2005 in Order to Amend the Description of the Road Improvement Project."

Purpose: Section 3(a) of Bond Ordinance numbered 157-05 of the Township of Upper Freehold finally adopted August 4, 2005 is hereby amended to read as follows:

Appropriation: $0

Bonds/Notes Authorized: $0

Grants Appropriated: N/A

Section 20 Costs: $0

Useful Life: N/A

Barbara Bascom, Clerk

This Notice is published pursuant to N.J.S.A. 40A:2-17.

BOND ORDINANCE STATEMENT AND SUMMARY

The bond ordinance, the summary terms of which are included herein, has been finally adopted by the Township of Upper Freehold, in the County of Monmouth, State of New Jersey on ______________, 2007 and the 20 day period of limitation within which a suit, action or proceeding questioning the validity of such ordinance can be commenced, as provided in the Local Bond Law, has begun to run from the date of the first publication of this statement. Copies of the full ordinance are available at no cost and during regular business hours, at the Clerk’s office for members of the general public who request the same. The summary of the terms of such bond ordinance follows:

Purpose: Section 3(a) of Bond Ordinance numbered 157-05 of the Township of Upper Freehold finally adopted August 4, 2005 is hereby amended to read as follows:

Appropriation: $0

Bonds/Notes Authorized: $0

Grants Appropriated: N/A

Section 20 Costs: $0

Useful Life: N/A

Barbara Bascom, Clerk

McMANIMON & SCOTLAND, L.L.C.

ATTORNEYS AT LAW

TELEPHONE ONE RIVERFRONT PLAZA, FOURTH FLOOR FAX (973) 622-7333

(973) 622-1800 NEWARK, NEW JERSEY 07102-5408 FAX (973) 622-3744

September 13, 2007

Direct Dial # 973/622-5028

Dianne Kelly

Chief Financial Officer

Township of Upper Freehold

314 Route 539

P.O. Box 89

Cream Ridge, NJ 08514-0089

Re: Amending Bond Ordinance

Dear Dianne:

In accordance with your request, I have prepared and enclose herewith a form of ordinance amending bond ordinance #157-05 in order to amend the description of the project authorized. The ordinance should be adopted in accordance with the procedure set forth below for your convenience.

In order to comply with the capital budget regulations, the ordinance contains a provision amending the capital budget to the extent of any inconsistency with the bond ordinance and it should be sent to Trenton and filed with the Division of Local Government Services prior to final adoption of the ordinance along with the resolution of the governing body in the form required by the Local Finance Board showing the details of the amended capital budget. It will not be necessary to publish the resolution.

The ordinance may be introduced and read by title only and adopted by a majority of the members of the governing body present, assuming a quorum. After introduction, the Notice of Pending Bond Ordinance and Summary must be published in the local newspaper, a form of which I have enclosed for your use. Also, the ordinance should be posted on the bulletin board customarily used for notices, together with the Notice of Pending Bond Ordinance and Summary, and copies of the ordinance should be made available to anyone who requests them of the Clerk after introduction.

The bond ordinance can be considered for final adoption not less than ten days after introduction and not less than seven days after the publication of the Notice of Pending Bond Ordinance and Summary. If the ordinance has been posted and copies made available as indicated above, the ordinance can be read at the second hearing by title only. If the ordinance posting procedure has not been followed, the ordinance must be read in full at the second hearing. After the ordinance is read for the second time, the governing body should hold a public hearing and should give all members of the public a chance to be heard on the ordinance. After the public hearing, the ordinance can be finally adopted by the affirmative vote of not less than two-thirds of the full membership of the governing body. After final adoption, the Bond Ordinance Statement and Summary must be published, a copy of which I have enclosed for your use. Note that if the approval of an officer is required to make the ordinance effective, the ordinance must be approved by that officer, or passed over veto, before it is published after final adoption.

After the ordinance is finally adopted, it will be necessary for us to establish a record of proceedings documenting the proper adoption of the bond ordinance. In order to do this, we will need one completely executed set of the documents enumerated on the attached checklist. By copy of this letter, I am sending the Clerk a copy of the checklist along with a copy of the ordinance.] With the exception of the Affidavits of Publication, I am also sending the Clerk the necessary certificates to be completed, executed and returned to us along with the necessary attachments to provide us with this documentation. It should be noted that the Clerk’s Certificate must be executed no sooner than 21 days following the final publication in order to attest that there has been no protest within the statutory twenty-day protest period.

If you or the Clerk have any questions about the form of the ordinance, the adoption procedure or the form of the certificates, please call me.

Thank you for this opportunity to have been of assistance.

Very truly yours,

Edward J. McManimon, III

Edward J. McManimon, III

Enclosures

cc: Barbara Bascom, Clerk, w/encl.

Granville D. Magee, Esq., w/encl.

Michael Cesaro, C.P.A., w/encl.