Legislation Details

File #: SO.28-2025    Version: 1
Type: Special Ordinance Status: Passed
File created: 5/16/2025 In control: City Council of Yonkers Special Meeting Call
On agenda: 5/28/2025 Final action: 5/28/2025
Title: BOND ORDINANCE OF THE CITY OF YONKERS, NEW YORK AUTHORIZING FUNDING FOR VARIOUS CAPITAL PROJECTS INCLUDED IN THE CITY'S 2025-2026 CAPITAL BUDGET, AS AMENDED; STATING THE TOTAL ESTIMATED MAXIMUM COST THEREOF IS $105,685,012; APPROPRIATING SAID AMOUNT THEREFOR; AND AUTHORIZING THE ISSUANCE OF BONDS OF SAID CITY IN THE PRINCIPAL AMOUNT OF NOT TO EXCEED $105,685,012 TO FINANCE SAID APPROPRIATION

SPECIAL ORDINANCE

BY COUNCIL PRESIDENT COLLINS-BELLAMY, MAJORITY LEADER RUBBO, MAJORITY WHIP ROBINSON, MINORITY LEADER BREEN, COUNCILMEMBERS PINEDA-ISAAC, DIAZ, AND MERANTE:

 

 

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BOND ORDINANCE OF THE CITY OF YONKERS, NEW YORK AUTHORIZING FUNDING FOR VARIOUS CAPITAL PROJECTS INCLUDED IN THE CITY’S 2025-2026 CAPITAL BUDGET, AS AMENDED; STATING THE TOTAL ESTIMATED MAXIMUM COST THEREOF IS $105,685,012; APPROPRIATING SAID AMOUNT THEREFOR; AND AUTHORIZING THE ISSUANCE OF BONDS OF SAID CITY IN THE PRINCIPAL AMOUNT OF NOT TO EXCEED $105,685,012 TO FINANCE SAID APPROPRIATION

 

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THE CITY COUNCIL OF THE CITY OF YONKERS, IN THE COUNTY OF WESTCHESTER, NEW YORK, HEREBY ORDAINS (by the favorable vote of not less than two-thirds of all the members of said City Council) AS FOLLOWS:

Section 1.  The City of Yonkers, in the County of Westchester, New York (herein called the “City”), is hereby authorized to finance the cost of various capital projects as described in column A of the table set forth below, at the respective estimated maximum costs indicated in column B of said table. 

A

B

C

D

E

 

 

 

 

 

Project Description (object or purpose)

Estimated Maximum Cost

Amount of Bonds Authorized

PPU Section 11.00 a. Reference

Period of Probable Usefulness

 

 

 

 

 

Engineering

 

 

 

 

Bridge Rehabilitation

$  1,675,000

$  1,675,000

10

20

Road Resurfacing

4,000,000

4,000,000

20(c)

15

Sewer Improvements

950,000

950,000

4

40

Saw Mill/Bronx River Outflow Remediation

1,000,000

1,000,000

4

40

Environmental Site Work

125,000

125,000

35

5

Public Right of Way Improvements

750,000

750,000

20(c)

15

Engineering Vehicles

250,749

250,749

77

3

City Pier Structural Foundation Reconstruction

150,000

150,000

7

20

Gabion Wall Construction

800,000

800,000

35

5

Planning for Bronx River Road Bicycle Lane Improvements

140,000

140,000

62

5

Crestwood Lake Spillway Channel Rehabilitation

850,000

850,000

22(a)

30

Parking Garage Inspection & Rehabilitation

1,000,000

1,000,000

12(a)(1)

25

Acquisition of Traffic Radar Speed Display Signs

35,000

35,000

32

5

Flood Mitigation/Drainage

1,250,000

1,250,000

4

40

Creation of Green Space at 87 Nepperhan Avenue

2,600,000

2,600,000

19(c)

15

Trinity Plaza Construction

1,800,000

1,800,000

35

10

JFK Marina Bulkhead Replacement

6,825,000

6,825,000

22(b)

20

Yonkers City Pier Repairs (Phase 3)

2,100,000

2,100,000

22(b)

20

Architectural and Engineering Designs

150,000

150,000

62

5

 

 

 

 

 

Finance

 

 

 

 

Acq. of Vehicles

300,000

300,000

77

3

 

 

 

 

 

Fire Department

 

 

 

 

Fire Building Reconstruction

680,000

680,000

12(a)(2)

15

Acq. of Self-Contained Breathing Apparatus

32,280

32,280

32

5

Acq. of Firefighting Gear and Equipment

5,615

5,615

32

5

Acq. of Firefighting Vehicles and Apparatus

5,200,000

5,200,000

27

20

Acq. of Emergency Generators

40,000

40,000

35

5

Engineering Design for Future Projects

125,000

125,000

62

5

Acq. of Hardware and Software

350,000

350,000

32 and 108

5

Security System Upgrades

90,000

90,000

35

5

 

 

 

 

 

Housing and Buildings

 

 

 

 

Demolition of Buildings

3,500,000

3,500,000

12-a

5

Acq. of Vehicles

270,000

270,000

77

3

 

 

 

 

 

Information Technology

 

 

 

 

Acq. of Hardware and Software

513,125

513,125

32 and 108

5

Acq. of Asset Management System

700,000

700,000

32 and 108

5

Acq. of Document Scanning Equipment and Software

500,000

500,000

32 and 108

5

 

 

 

 

 

Library

 

 

 

 

Crestwood Library Improvements

1,000,000

1,000,000

12(a)(2)

15

Will Library Renovations (Phase I)

3,629,587

3,629,587

12(a)(2)

15

Acq. of Vehicles

97,189

97,189

77

3

 

 

 

 

 

Hudson River Museum

 

 

 

 

Boiler/Chiller Replacement

1,000,000

1,000,000

13

10

Museum Construction

23,000

23,000

12(a)(2)

15

Acq. of Museum Equipment

48,000

48,000

32

5

Acq. of Hardware and Software

162,000

162,000

32 and 108

5

West Wing Furnishings

98,750

98,750

32

5

Construction of ADA Improvements

35,000

35,000

12(a)(2)

15

Museum Upgrades

802,540

802,540

12(a)(2)

15

 

 

 

 

 

Office for the Aging

 

 

 

 

Acq. of Vehicles

211,650

211,650

77

3

 

 

 

 

 

Parks

 

 

 

 

General Park Improvements

9,435,000

9,435,000

19(c)

15

Court Resurfacing & Safety Surfacing Rehabilitation and Replacement

350,000

350,000

19(c)

15

Replace Ballfield Backstops

60,000

60,000

35

5

North Boys N Girls Building Improvements

1,750,000

1,750,000

12(a)(2)

15

Tree Planting

150,000

150,000

57

5

Sidewalk Replacement

90,000

90,000

24

10

Plans and Specs. for Park Improvements

150,000

150,000

62

5

Installation of Park Fencing

175,000

175,000

35

5

Field Rehabilitation

60,000

60,000

35

5

Wall Reconstruction and Replacement

500,000

500,000

35

5

Acq. of Heavy Duty Vehicles

175,000

175,000

28

15

Acq. of Parks Vehicles and Equipment

900,000

900,000

77

3

Sidewalk and Walkway Improvements

500,000

500,000

24

10

Acq. of Parks Equipment

846,000

846,000

32

5

Installation of EV Charging Stations

180,000

180,000

35

5

Parks Department Window Replacement

20,000

20,000

12(a)(2)

15

 

 

 

 

 

Planning and Development

 

 

 

 

Nepperhan Community Center Upgrades

500,000

500,000

12(a)(2)

15

Planning Department Project Designs

410,000

410,000

62

5

Central Avenue Rezoning Study

500,000

500,000

62

5

Construction of Floating Docks

500,000

500,000

7

20

Acquisition and Renovation of Building

10,000,000

10,000,000

11(a)(2)

25

 

 

 

 

 

Police Department

 

 

 

 

Acq. of Police Vehicles

1,190,000

1,190,000

77

3

Precinct and Building Reconstruction

437,724

437,724

12(a)(2)

15

Acq. of Hardware and Software

363,500

363,500

32 and 108

5

Acq. of Equipment

448,279

448,279

32

5

 

 

 

 

 

Public Works

 

 

 

 

City Hall and Larkin Building Improvements

7,300,000

7,300,000

12(a)(1)

25

Water System Improvements

6,500,000

6,500,000

1

40

Acq. of Heavy Duty Equipment

584,400

584,400

28

15

Acq. of Light Duty Equipment

43,200

43,200

28

5

Acq. of Light Duty Vehicles

210,000

210,000

77

3

Acq. of Heavy Duty Vehicles

4,274,424

4,274,424

28

15

Sidewalk and City Step Replacement

    85,000

    85,000

24

10

City Hall Parapet Reconstruction

4,600,000

4,600,000

12(a)(1)

25

Installation of Fencing

100,000

100,000

35

5

Water Tower Improvements

750,000

750,000

1

40

Cacace Center Improvements

4,280,000

4,280,000

12(a)(2)

15

Crisfield Pump Station

1,100,000

1,100,000

1

40

Gas Buddy System Replacement

200,000

200,000

35

5

 

 

 

 

 

Corporation Counsel

 

 

 

 

Replacement of Flooring

75,000

75,000

35

5

Acq. of Shelving for Archives

28,000

28,000

28

5

 

 

 

 

 

Totals:

$105,685,012

$105,685,012

 

 

 

The estimated total cost of such capital projects, including preliminary costs and costs incidental thereto and the financing thereof, is $105,685,012 and said amount is hereby appropriated therefor pursuant to the City’s duly adopted Capital Budget for fiscal year 2025-2026, as amended.  The plan of financing includes the issuance of $105,685,012 aggregate principal amount of bonds of the City and any bond anticipation notes issued in anticipation of the sale of such bonds to finance said appropriation, and the levy and collection of taxes on all the taxable real property in the City to pay the principal of and interest on said bonds and notes as the same shall become due and payable.  Any grant funds or other amounts received by the City from the United States of America and/or the State of New York or any other source with respect to the projects are hereby authorized to be expended towards the cost of the applicable objects or purposes or the redemption of any bonds or notes issued therefor or to be budgeted as an offset to the taxes for the repayment of the principal of and interest on said bonds or notes.

Section 2.  Bonds of the City in the respective principal amounts set forth in column C of the table that appears in Section 1 hereof, are hereby authorized to be issued pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called the “Law”), to finance the appropriations for the objects or purposes described in column A of said table.

Section 3.  The respective periods of probable usefulness for said objects or purposes for which said bonds are authorized to be issued, within the limitations of the applicable paragraphs under §11 a. of the Law, as set forth in column D of the table that appears in Section 1 hereof, are set forth in column E of said table.

Section 4.  Each of the bonds authorized by this ordinance and any bond anticipation notes issued in anticipation of the sale of said bonds, shall contain the recital of validity as prescribed by Section 52.00 of the Law and said bonds and any notes issued in anticipation of said bonds, shall be general obligations of the City, payable as to both principal and interest by general tax upon all the taxable real property within the City.  The faith and credit of the City are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of the sale of said bonds and provision shall be made annually in the budget of the City by appropriation for (a) the amortization and redemption of the bonds and any notes in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year.

Section 5.  (a)  Subject to the provisions of this ordinance and of the Law and pursuant to the provisions of Section 30.00, Section 50.00, Sections 56.00 to 60.00, and Section 168.00 of the Law, the powers and duties of the City Council relative to authorizing bond anticipation notes and prescribing the terms, form and contents and all other powers or duties pertaining or incidental to the sale and issuance of the bonds herein authorized and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said notes, and the power to enter into agreements for credit enhancement for said bonds and notes and to execute any tax certification relative thereto, are hereby delegated to the Commissioner of Finance & Management Services of the City, as chief fiscal officer of the City.

(b)  The City Council shall be given notice of any determination by the Commissioner of Finance and Management Services of the City to issue bond anticipation notes pursuant to this bond ordinance.  Such notice shall be given at least fourteen (14) days prior to the sale of any such bond anticipation notes.  The City Council shall have fourteen (14) days to consider the proposed sale of such bond anticipation notes and either approve or disapprove such sale.  The determination by the Commissioner of Finance and Management Services of the City to sell said bond anticipation notes shall be deemed approved unless a resolution disapproving such sale is adopted by a vote of not less than two-thirds of all the members of said City Council within fourteen (14) days after such notice shall have been given.  The foregoing shall not apply in the case of bond anticipation notes to be issued to refinance outstanding notes and shall not otherwise limit the delegation of the powers and duties set forth in subparagraph (a) of this Section 5 to the Commissioner of Finance & Management Services of the City.

Section 6.  Pursuant to the provisions of Section 17 of the Special Local Finance and Budget Act of the City of Yonkers, constituting Chapters 488 and 489 of the Laws of 1976 of the State of New York (herein called the “Act”), the City is authorized and directed to include the following pledge and agreement of the State of New York (herein called the “State”) contained in said Section 17 of the Act, in this ordinance, and the Act provides that upon payment for the bonds or notes in anticipation of said bonds by the original and all subsequent holders thereof, the inclusion of such pledge and agreement shall be deemed conclusive evidence of valuable consideration received by the State and City for such pledge and agreement and of reliance upon such pledge and agreement by any holder and that any action by the State contrary to or inconsistent with the provisions of such pledge and agreement shall be void:

“The state does hereby pledge to and agree with the holders of obligations of the city issued pursuant to the local finance law or this act that the state will not (a) repeal, revoke, repudiate, limit, alter, stay, suspend or otherwise reduce or rescind or impair the power or duty of the city to exercise, perform, carry out and fulfill its responsibilities under this act to the extent that the city incorporates in any bond ordinance or credit agreement covenants and agreements to so exercise, perform, carry out and fulfill such responsibilities, (b)  repeal, revoke, repudiate, limit, alter, stay, suspend or otherwise reduce or rescind or impair the rights and remedies of any such holders to fully enforce in a court of law such covenants and agreements so incorporated in the bond ordinance or credit agreement or to enforce the pledge and agreement of the state contained in this section, or (c) otherwise exercise any sovereign power contrary to or inconsistent with the provisions of such bond ordinance or credit agreement, it being hereby determined and declared that the provisions of this act and the powers and duties of the city authorized and imposed hereunder are proper, reasonable and appropriate means by which the state can and should exercise and has exercised its duty under section twelve of article eight of the constitution to prevent abuses by the city in taxation and in the contracting of indebtedness and that the provisions hereof are necessary and in the public interest and proper means to improve market reception for the purchase of bonds and other obligations of the city; provided, however, the foregoing pledge and agreement shall be of no further force and effect if at any time (i) there is on deposit in a separate trust account with the fiscal agent sufficient moneys or direct obligations of the United States of America or the state the principal of and/or interest on which will provide moneys to pay punctually when due at maturity or prior to maturity by redemption in accordance with their terms all principal and interest on all such obligations of the city outstanding, (ii)  irrevocable instructions from the state and city to the fiscal agent for such payment of such principal and interest with such moneys have been given, and (iii) notice to the holders of such obligation as provided in the bond ordinance or credit agreement has been given, and provided further that such pledge and agreement by the state may be temporarily suspended upon the declaration of martial law in the city in the event of circumstances in the city deriving directly out of a natural disaster (such as an earthquake or major conflagration or flood but not a snowstorm) or civil disturbance (such as military invasion or civil insurrections but not strikes or crises created by financial abuses or economic events).”

Section 7.  The validity of the bonds authorized by this ordinance and of any notes issued in anticipation of the sale of said bonds, may be contested only if:

(a)                     such obligations are authorized for an object or purpose for which the City is not authorized to expend money, or

(b)                     the provisions of law which should be complied with at the date of the publication of such ordinance are not substantially complied with,

and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or

(c)                     such obligations are authorized in violation of the provisions of the constitution.

Section 8.  This bond ordinance shall be deemed repealed four (4) years after the date of adoption hereof, except to the extent of any indebtedness theretofore contracted.

Section 9.  This bond ordinance shall take effect immediately, and the City Clerk is hereby authorized to publish the foregoing ordinance, in full or summary, together with a Notice attached in substantially the form prescribed by §81.00 of the Law in “THE JOURNAL NEWS” and/or in “YONKERS RISING", each having a general circulation in the City and hereby designated as official newspaper(s) of said City for such publication.