2915-25 Bond Ord.-2025 Various Roadway Improvements - West Orange (DOT Grant - No DP) (CDBG- down payments)(3_25)-(95204340.1).pdf

#95204340.1 168182.012 TOWNSHIP OF WEST ORANGE COUNTY OF ESSEX, STATE OF NEW JERSEY BOND ORDINANCE NUMBER 2915-25 BOND ORDINANCE PROVIDING FOR VARIOUS ROADWAY IMPROVEMENTS, BY AND IN THE TOWNSHIP OF WEST ORANGE, IN THE COUNTY OF ESSEX, STATE OF NEW JERSEY, APPROPRIATING $10,030,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $6,714,669 BONDS OR NOTES OF THE TOWNSHIP TO FINANCE PART OF THE COST THEREOF BE IT ORDAINED AND ENACTED BY THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF WEST ORANGE, IN THE COUNTY OF ESSEX, STATE OF NEW JERSEY (not less than two-thirds of all the members thereof affirmatively concurring), AS FOLLOWS: SECTION 1. The improvements or purposes described in Section 3 of this bond ordinance are hereby authorized as general improvements to be undertaken by the Township of West Orange, in the County of Essex, State of New Jersey (the “Township”). For the said improvements or purposes stated in Section 3 hereof, there is hereby appropriated the amount of $10,030,000, which sum includes (i) a $300,000 grant expected to be received from the Community Development Block Grant Program (the “CDBG Grant”), (ii) $2,966,891 grants expected to be received from the Department of Transportation of the State of New Jersey (the “DOT Grants” and together with the CDBG Grant, the “Grants”), and (iii) down payments in the aggregate amount of $48,440 (the “Down Payments”) for said improvements or purposes as required by the Local Bond Law of the State of New Jersey, as amended and supplemented (N.J.S.A. 40A:2-1 et seq.) (the “Local Bond Law”), which Down Payments are now available from the Township’s Capital Improvement Fund by virtue of a provision or provisions in a previously adopted budget or

2 #95204340.1 168182.012 budgets of the Township for down payment or capital improvement purposes. Pursuant to N.J.S.A. 40A:2-11(c) of the Local Bond Law, no down payment is required for the improvements or purposes set forth in Section 3(a)(ii), (iii), (iv), and (v) hereof, as such projects are being funded by the DOT Grants, which are grants provided by the State of New Jersey. SECTION 2. For the financing of said improvements or purposes described in Section 3 hereof and to meet part of said $10,030,000 appropriation not provided for by said Down Payments and the Grants referred to in Section 1 hereof, negotiable bonds of the Township are hereby authorized to be issued in the aggregate principal amount of $6,714,669 pursuant to, and within the limitations prescribed by, the Local Bond Law. In anticipation of the issuance of said bonds and to temporarily finance said improvements or purposes, negotiable notes of the Township in an aggregate principal amount not exceeding $6,714,669 are hereby authorized to be issued pursuant to, and within the limitations prescribed by, said Local Bond Law. SECTION 3. (a) The improvements hereby authorized and purposes for the financing of which said obligations are to be issued include, but are not limited to, as follows: Description Appropriation Authorization Down Payment Useful Life (i) Improvements and repairs to the entire lengths or portions of, as applicable Franklin Avenue from Main Street to Chestnut Street and Oxford Place from Cherry Street to Chestnut Street, including, but not limited to, as applicable, milling, paving, storm drain installation, curbs, sidewalks, ADA complaint ramps, and driveway aprons; $ 530,000 (including the $300,000 CDBG Grant) $ 219,000 $ 11,000 10 years (ii) Improvements and repairs to the entire lengths or portions of, as applicable, $ 2,510,000 (including the $ 1,510,000 $ 0 10 years

3 #95204340.1 168182.012 Description Appropriation Authorization Down Payment Useful Life Walker Road, South Valley Road, and Rooney Circle, including, but not limited to, as applicable, milling, paving, storm drain installation, curbs, sidewalks, ADA compliant ramps, and driveway aprons; $1,000,000 DOT Grant) (iii) Improvements and repairs to the entire lengths or portions of, as applicable, Morris Road, Sussex Road and Hunterdon Road, including, but not limited to, as applicable, milling, paving, storm drain installation, curbs, sidewalks, ADA compliant ramps, and driveway aprons; $ 1,700,000 (including the $517,907 DOT Grant) $ 1,182,093 $ 0 10 years (iv) Improvements and repairs to the entire lengths or portions of, as applicable, South Valley Road, Union Street, Nassau Street from South Valley Road to Township limits and Wheatland Avenue, including, but not limited to, as applicable, milling, paving, storm drain installation, curbs, sidewalks, ADA compliant ramps, and driveway aprons; $ 2,510,000 (including the $950,000 DOT Grant) $ 1,560,000 $ 0 10 years (v) Improvements and repairs to the entire lengths or portions of, as applicable, Helen Avenue, Lawrence Avenue, Florence Place, and Lowell Avenue, including, but not limited to, as applicable, milling, paving, storm drain installation, curbs, sidewalks, ADA compliant ramps, and driveway aprons; and $ 2,000,000 (including the $498,984 DOT Grant) $ 1,501,016 $ 0 10 years (vi) Section 20 Expenses. $ 780,000 $ 742,560 $ 37,440 TOTALS: $10,030,000 $6,714,669 $ 48,440 (b) The improvements and purposes set forth in Section 3(a) above shall also include, as applicable, all engineering and design work, surveying, construction management services, construction planning, preparation of plans and specifications, permits, bid documents, construction inspection and contract administration, environmental

4 #95204340.1 168182.012 testing and remediation, and all work, materials, equipment, labor and appurtenances necessary therefor or incidental thereto. (c) The estimated maximum amount of bonds or notes to be issued by the Township for said improvements and purposes is $6,714,669. (d) The estimated cost of said improvements and purposes to the Township is $10,030,000, the excess amount thereof over the estimated maximum amount of bonds or notes to be issued therefor are the Grants and the Down Payments in the amount of $48,440 now available for said improvements and purposes from the Township’s Capital Improvement Fund and the Grants. SECTION 4. Except for the Grants, in the event the United States of America, the State of New Jersey, and/or the County of Essex make a contribution or grant in aid to the Township for the improvements and purposes authorized hereby and the same shall be received by the Township prior to the issuance of the bonds or notes authorized in Section 2 hereof, then the amount of such bonds or notes to be issued shall be reduced by the amount so received from the United States of America, the State of New Jersey, and/or the County of Essex. Except for the Grants, in the event that any amount so contributed or granted by the United States of America, the State of New Jersey, and/or the County of Essex shall be received by the Township after the issuance of the bonds or notes authorized in Section 2 hereof, then such funds shall be applied to the payment of the bonds or notes so issued and shall be used for no other purpose. This Section 4 shall not apply, however, with respect to any contribution or grant in aid received by the Township as a result of using funds from this bond ordinance as “matching local funds” to receive such contribution or grant in aid.

5 #95204340.1 168182.012 SECTION 5. All bond anticipation notes issued hereunder shall mature at such times as may be determined by the Chief Financial Officer of the Township (the “Chief Financial Officer”), provided that no note shall mature later than one (1) year from its date. The notes shall bear interest at such rate or rates and be in such form as may be determined by the Chief Financial Officer. The Chief Financial Officer shall determine all matters in connection with the notes issued pursuant to this bond ordinance, and the signature of the Chief Financial Officer upon the notes shall be conclusive evidence as to all such determinations. All notes issued hereunder may be renewed from time to time in accordance with the provisions of N.J.S.A. 40A:2-8.1 of the Local Bond Law. The Chief Financial Officer is hereby authorized to sell part or all of the notes from time to time at a public or private sale and to deliver them to the purchaser thereof upon receipt of payment of the purchase price and accrued interest thereon from their dates to the date of delivery thereof. The Chief Financial Officer is directed to report in writing to the governing body at the meeting next succeeding the date when any sale or delivery of the notes pursuant to this bond ordinance is made. Such report must include the principal amount, the description, the interest rate, the maturity schedule of the notes so sold, the price obtained and the name of the purchaser. SECTION 6. The Township hereby certifies that it has adopted a capital budget or a temporary capital budget of the Township, as applicable. The capital budget or temporary capital budget, as applicable, of the Township is hereby amended to conform with the provisions of this bond 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.

6 #95204340.1 168182.012 SECTION 7. The following additional matters are hereby determined, declared, recited and stated: (a) The improvements and purposes described in Section 3 of this bond ordinance are not current expenses and are improvements and purposes which the Township may lawfully undertake as general improvements and no part of the cost thereof has been or shall be specially assessed on property specially benefited thereby. (b) The period of usefulness of said improvements or purposes, computed on the basis of the respective amounts of obligations authorized for each purpose and the reasonable life thereof in accordance with the limitations set forth in the Local Bond Law, is 10 years. (c) The supplemental debt statement required by the Local Bond Law has been duly made and filed in the Office of the Clerk of the Township and a complete executed duplicate thereof has been filed in the Office of the Director of the Division of Local Government Services in the Department of Community Affairs of the State of New Jersey, and such statement shows that the gross debt of the Township as defined in the Local Bond Law is increased by the authorization of the bonds or notes provided for in this bond ordinance by $6,714,669. The obligations authorized by this bond ordinance will be within all debt limitations prescribed by said Local Bond Law. (d) An amount not exceeding $780,000 for items of expense listed in and permitted under N.J.S.A. 40A:2-20 of the Local Bond Law is included in the estimated cost indicated herein for the purposes and improvements described in Section 3 hereof. SECTION 8. The full faith and credit of the Township are hereby pledged to the punctual payment of the principal of and the interest on the obligations authorized by this bond ordinance. The obligations shall be direct, unlimited obligations of the Township

7 #95204340.1 168182.012 and, unless paid from other sources, the Township shall be obligated to levy ad valorem taxes upon all the taxable property within the Township for the payment of the principal of the obligations and the interest thereon without limitation as to rate or amount. SECTION 9. The Township reasonably expects to reimburse any expenditures toward the costs of the improvements or purposes described in Section 3 hereof and paid prior to the issuance of any bonds or notes authorized by this bond ordinance with the proceeds of such bonds or notes. This Section 9 is intended to be and hereby is a declaration of the Township’s official intent to reimburse any expenditure toward the costs of the improvements or purposes described in Section 3 hereof to be incurred and paid prior to the issuance of bonds or notes authorized herein in accordance with Treasury Regulation Section 1.150-2. SECTION 10. The Chief Financial Officer is hereby authorized to prepare and to update from time to time as necessary a financial disclosure document to be distributed in connection with the sale of the obligations of the Township authorized herein and to execute such disclosure document on behalf of the Township. The Chief Financial Officer is further authorized to enter into the appropriate undertaking to provide secondary market disclosure on behalf of the Township pursuant to Rule 15c2-12 of the Securities and Exchange Commission (the "Rule") for the benefit of holders and beneficial owners of the obligations of the Township, which are authorized herein, and to amend such undertaking from time to time in connection with any change in law, or interpretation thereof, provided such undertaking is and continues to be, in the opinion of a nationally recognized bond counsel, consistent with the requirements of the Rule. In the event that the Township fails to comply with its undertaking, the Township shall not be liable for any monetary damages, and the remedy shall be limited to specific performance of the undertaking.

8 #95204340.1 168182.012 SECTION 11. The Township covenants to maintain the exclusion from gross income under Section 103(a) of the Internal Revenue Code of 1986, as amended, of the interest on all bonds and notes issued on a tax-exempt basis under this bond ordinance. SECTION 12. This bond ordinance shall take effect twenty (20) days after the first publication of the notice of final adoption of this bond ordinance, as provided by the Local Bond Law.

9 #95204340.1 168182.012 ADOPTED ON FIRST READING DATED: APRIL 8, 2025 KAREN J. CARNEVALE, Clerk JOE KRAKOVIAK, Township of West Orange Council President Township of West Orange ADOPTED ON SECOND READING DATED: APRIL 22, 2025 KAREN J. CARNEVALE, Clerk JOE KRAKOVIAK, Township of West Orange Council President Township of West Orange APPROVAL BY THE MAYOR ON THIS _____ DAY OF ___________, 2025. SUSAN MCCARTNEY, Mayor Township of West Orange

#95204340.1 168182.012 TOWNSHIP COUNCIL OF THE TOWNSHIP OF WEST ORANGE IN THE COUNTY OF ESSEX, NEW JERSEY PUBLIC NOTICE 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 Township Council of the Township of West Orange, in the County of Essex, State of New Jersey (the “Township”) on April 8, 2025. It will be further considered for final passage, after public hearing thereon, at a meeting of the governing body of the Township to be held at the Township Municipal Building, 66 Main Street, West Orange, New Jersey, in said County, on April 22, 2025 at 7:00 p.m. During the week prior to and up to and including the date of such meeting, copies of the full bond 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 PROVIDING FOR VARIOUS ROADWAY IMPROVEMENTS, BY AND IN THE TOWNSHIP OF WEST ORANGE, IN THE COUNTY OF ESSEX, STATE OF NEW JERSEY, APPROPRIATING $10,030,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $6,714,669 BONDS OR NOTES OF THE TOWNSHIP TO FINANCE PART OF THE COST THEREOF Purpose(s): The bond ordinance provides for improvements and repairs to entire lengths or portions of various roads in the Township including, but not limited to, Franklin Avenue (from Main Street to Chestnut Street), Oxford Place (from Cherry Street to Chestnut Street), Walker Road, South Valley Road, Rooney Circle, Morris Road, Sussex Road, Hunterdon Road, South Valley Road, Union Street, Nassau Street (from South Valley Road to Township limits), Wheatland Avenue, Helen Avenue, Lawrence Avenue, Florence Place, and Lowell Avenue. Please refer to the full bond ordinance for a more complete description of the improvements and purposes of the bond ordinance. Appropriation: $10,030,000 Bonds/Notes Authorized: $6,714,669 Down Payment: $48,440 Grants: $300,000 Community Development Block Grant; and $2,966,891 grants from Department of Transportation of the State of New Jersey Section 20 Costs: $780,000 Useful Life: 10 years KAREN J. CARNEVALE, Clerk of the Township of West Orange