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R-21-193

RESOLUTION

AUTHORIZING THE MAYOR AND CITY TREASURER TO ISSUE BONDS NOT TO
EXCEED THE AMOUNT OF TWENTY ONE MILLION DOLLARS ($21,000,000) TO
FUND ARCHITECTURAL, ENGINEERING, SURVEYING, CONSTRUCTION AND

OTHER RELATED WORK FOR THE DESIGN AND CONSTRUCTION OF A
RIVERWALK ADJACENT TO THE NASHUA RIVER NEAR MAIN STREET

CITY OF NASHUA

In the Year Two Thousand and Twenty One

RESOLVED by the Board of Aldermen of the Citv of Nashua that the Mayor of the City
of Nashua and the City Treasurer of the City of Nashua are hereby authorized to issuc and scll
gencral obligation bonds of the City in an aggregate principal not to exceed twenty one million
dollars ($21,000,000). The proceeds of said bonds shall be used for the construction of the
expanded Riverwalk project stemming from the 2017 Nashua Downtown Riverfront Plan. The
scope of the project is approximately 1.8 mile section of the Nashua River outlined as Quadrants
2 and 3 from the above referenced plan and is essentially from the Nashua Millyard starting at
the Cotton Mill Transfer Bridge in the Downtown areca and ends at the Pan Am Bridge. The plan
recommends and this project implements the creation of walkways, multi-modal paths,
cantilevered boardwalks, landscaping improvements, enhanced access to the waterfront and the
river itself including a floating dock, wayfinding amenitics, historical and natural resource
protection, improved environmental stewardship, lighting, alternative parking solutions with
potential for new construction, and ensuring future maintenance of improvements. The useful life
of said program is 50 years.

Pursuant to Nashua City Charter §54-a. this resolution requires a “duly advertised public
hearing.” Also sec N.H. RSA 33:9. which requires a 2/3 vote for passage of this resolution,

The bonds shall be gencral obligations of the City of Nashua, payable as to principal and
interest from ad valorem taxes, which will be levied without limitation as to rate or amount on all
taxable property within the territorial limits of the City of Nashua.

The bonds shall bear the manual or facsimile signature of the City Treasurer and the
Mayor. In accordance with Chapter 91 of the New Hampshire Acts of 2005, bonds issucd
pursuant to this resolution shall not require an authenticating certificate of a bank or trust
company doing business in the State of New Hampshire or The Commonwealth of
Massachusetts, or the Commissioner of Revenue Administration.

RESOLUTION R-21-193

The bonds are to be issued in fully-registered form by means of a book-entry system or
otherwise and shall have such terms and conditions and be in such form, subject to the provisions
of this resolution and applicable law, as shall be determined by the Mayor and the City

Treasurer.

RESOLVED FURTHER, that the Mayor is authorized to enter into the required
contracts therefor as well as any amendments to be made thereto or any other documentation

necessary for the receipt of said funds.

LEGISLATIVE YEAR 2021

RESOLUTION: R-21-193
PURPOSE: Authorizing the Mayor and City Treasurer to issue bonds not

to exceed the amount of twenty one million dollars
($21,000,000) to fund architectural, engineering, surveying,
construction and other related work for the design and
construction of a Riverwalk adjacent to the Nashua River near
Main Street

SPONSOR(S): Mayor Jim Donchess

COMMITTEE
ASSIGNMENT:

FISCAL NOTE: It is anticipated that the bond would be sold FY 23/24 for a term of
thirty years. It is estimated the interest rate will be approximately
2.75% and the total cost of the bond will be approximately
$31,112,190 including interest with level payments. The annual
payment will be approximately $1,037,073. The Riverwalk Tax
Increment Financing (TIF) will fund this project.

ANALYSIS

This resolution authorizes the City to issue and sell general obligation bonds up to $21,000,000
for the design and construction of the Riverwalk.

As this legislation is an authorization to borrow money, this resolution requires a “duly
advertised public hearing” pursuant to Nashua City Charter §54-a. NH RSA 33:9 requires a 2/3
vote ofiall the members for the issuance of bonds. This resolution is also a specific non-budget,
supplementary appropriation, permitted by Charter Sec. 53. Requirements for that are notice and
a public hearing. A two-thirds vote is required under Charter Sec. 56-b for an item or amount
not in the mayor’s budget. A roll call is required under Charter Sec. 49.

Approved as to account Financial Services Division
structure, numbers and

amount: By: /s/ John Griffin
Approved as to form: Office of Corporation Counsel

By: Wp fre Cr Mo
Date: % Nonentacr DOH

R-21-194

RESOLUTION

RELATIVE TO THE ACCEPTANCE OF $30,000 FROM NASHUA ROTARY WEST
INTO PUBLIC WORKS GRANT ACTIVITY “DISC GOLF COURSE”

CITY OF NASHUA

In the Year Two Thousand Twenty One

RESOLVED by the Board of Aldermen of the City of Nashua that the City of Nashua and
the Division of Public Works are authorized to accept $30,000 from Nashua Rotary West for the

purpose of design and construction of a disc golf course, to be named the “Rotary West
DiscGolfPark”.

2\ THE CITY OF NASHUA ae

Administrative Services
Purchasing De partrre rt

Addendum 2

RFP 0718-022322
Public Access Television Operation and Management

February 23, 2022
Information included in this document becomes a part of the original RFP

If you are submitting a paper bid, please sign below to indicate receipt of this additional information and
include this page with your bid submittal. If you are submitting a proposal via Bid Express please be sure
to acknowledge the addendum on the website before submitting your proposal.

Addendum 2 is being issued to modify the contract with the initial RFP.
All other aspects of the original document remain the same.

Please sign and return this page with your submitted proposal. Failure to acknowledge the addendum will
result in the bid submittal being disqualified.

| acknowledge that Addendum 2 has been received and incorporated into bid submittal for RFP
0718-022322.

ZieCHi—

2)
Authorized 2d Signature (Seber ESAMCTIS

afo4 /03d
228 TV alee

Name of Firm

LEGISLATIVE YEAR 2021

RESOLUTION: R-21-194

PURPOSE: Relative to the acceptance of $30,000 from Nashua Rotary
West into Public Works Grant Activity “Disc Golf Course”

SPONSOR(S): Mayor Jim Donchess

COMMITTEE

ASSIGNMENT: Budget Review Committee

FISCAL NOTE: Fiscal impact is a $30,000 donation to be used for a specific
purpose.

ANALYSIS

This resolution authorizes the City of Nashua and the Division of Public Works to accept funds
from Nashua Rotary West for the purpose of design and construction of a disc golf course, which
will be named “RotaryWest DiscGolfPark”.

Approved as to account Financial Services Division
structure, numbers,

and amount: By: _/s/John Griffin
Approved as to form: Office of Corporation Counsel

By: phe, QIZs
Date: 3 \/ oul Aer Ove

Q-21-073

ORDINANCE

AMENDING THE INCLUSIONARY ZONING SUPPLEMENTAL USE
REGULATIONS

CITY OF NASHUA

In the Year Two Thousand and Twenty-One

The City of Nashua ordains that Part II “General Legislation”, Chapter 190 “Land Use”, Part 2
“Zoning Districts and Supplemental Use Regulations”, Article VI “Supplemental Use
Regulations”, Section 190-48 “Inclusionary Zoning” of the Nashua Revised Ordinances, as
amended, be and hereby is further amended by deleting the existing section and replacing it in its
entirety as follows:

Ҥ 190-48. Inclusionary Zoning.

A, Definitions. As used in this section, the following terms shall have the meanings
indicated:

AFFORDABLE

(1) For rental housing, that the total housing costs for the dwelling unit,
inclusive of utilities and other directly related expenses, do not exceed 30% of the
income of the household; or

(2) For owner-occupied housing, that the total cost of mortgage principal and
interest, property taxes, association fees and homeowners’ insurance does not
exceed 33% of the maximum allowed income of the purchaser. Calculation of
housing costs shall be based on a methodology developed by the CDD that outlines
reasonable assumptions for taxes, utilities, down payment levels, and mortgage
terms. In the absence of a current methodology, the calculation shall be based on a
30-year fixed rate mortgage with the average current interest rate for a no-points
mortgage, a five percent down payment, and most current taxes, insurance, and
other incidental costs, and shall include an assumed private mortgage insurance if
relevant.

ORDINANCE O-21-073
AFFORDABLE HOUSING
Any housing unit for which occupancy is limited to households at or below income

levels for which the unit is intended to be affordable and for which maximum rents
or sales prices are set so the unit will be affordable at or below that income level.

AREA MEDIAN INCOME (AMI)
The most current median income in the HUD Metropolitan Fair Market Rent Area

(HMFA) for Nashua, NH, adjusted for the number of persons in the household, as
determined by the U.S. Department of Housing and Urban Development.

CDD

Community Development Department of the City of Nashua, or its successor. .
COMMUNITY HOUSING DEVELOPMENT ORGANIZATION (CHDO)

As defined in 24 CFR § 92.2, which is hereby incorporated by this reference.

DOWNTOWN

Any lot, parcel or tract within a contiguous area that is located within the D-1 or D-
3 zoning districts.

HOUSING DEVELOPMENT

Creation of new housing units through new construction and/or conversion of
existing space currently or previously used for non-residential purposes.
Renovation of existing housing units is not considered housing development for the
purposes of this § 190-48, unless it creates additional housing units in which case
the net new number of units shall be considered Housing Development.

OWNERSHIP HOUSING

Any dwelling unit intended to be conveyed in fee simple, condominium, or equity-
sharing arrangement such as a community housing land trust and limited equity

cooperatives.
RENTAL HOUSING
Any dwelling unit intended to be rented rather than conveyed as Ownership
Housing.
B. Affordable Housing Requirements. This section applies to any application for housing

development approval within the City as further outlined in Table 48-1 below. All housing
developments must meet the requirements of Table 48-1 below as explained in this section:

(1) Units: The total number of housing units in the proposed housing development.

ORDINANCE Q-21-073

(2)

(3)

)

(5)

(6)

(7)

(8)

(9)

(10)

Location: “Citywide” refers to projects in any location in the City of Nashua other
than Downtown. “Downtown” refers to projects located in the Downtown.

IZ Required: This column indicates whether a housing development of a specific
unit count in a specific location is required to include below-market affordable units
as per this ordinance.

Total Percent Required: This column indicates the percentage of the total number
of units that are required to meet Tier 1 and Tier 2 Target AMI levels as outlined in
the next two columns.

Tier 1 Target AMI: This column indicates a percentage of the total number of units
that must be affordable at or below a specific target AMI.

Tier 2 Target AMI: This column indicates a percentage of the total number of units
that must be affordable at or below a second specific target AMI.

Payment in Lieu for Partial Units: This column indicates whether partial units from
the Total Percent Required and Tier 1 and Tier 2 AMI levels can be met with a
payment into the Housing Trust Fund (R-21-118 as amended.)

Payment in Lieu for All Units: This column indicates whether a developer has the
option of meeting its requirements under this ordinance in full through payment to
the Housing Trust Fund in lieu of providing units on-site into the Housing Trust
Fund (R-21-118 as amended.) If this column says “No,” the developer shall not
make payments in lieu of any whole unit calculated under the Tier 1 and Tier 2
requirements and must provide those full units.

Payment in Lieu Value: This column indicates the fee in lieu amount per full unit.
That amount is prorated for partial units proportionately.

Bonus Density Ratio: This column indicates an additional number of market rate
units that may be provided in a housing development in return for providing
required affordable units on- site. This bonus does not apply for fractional units or
full units for which a developer makes a payment in lieu, or for units provided off-
site. For more details see E. below.

In cases of conflict between Table 48-1 and this section, the language in the table shall

prevail.

(1)

Term, Location and Size of Affordable Units.

The intent of this ordinance is to ensure that affordable units created under its
requirements be affordable for a period of ninety-nine (99) years. The developer
must make a binding commitment that such units will remain affordable for the
longest time periods permissible by federal and state law. Affordability of the units
for the required terms shall be controlled through a deed restriction, restrictive
covenant, or CDHO approved by CDD, that will provide details on how to ensure
households are below income maximums; resale of units is limited to prices

(2)

(3)

affordable below income maximums; and other relevant terms to ensure that the
units meet the intent of this ordinance.

Required affordable units must be integrated with the rest of the housing
development, must use a common entrance, and must provide no indications from
common areas that these units are affordable housing units.

Required affordable units need not be the same size as other units in the housing
development but the number of bedrooms in such units shall be no less than 10
percent of the total number of bedrooms in the housing development. For the
purposes of calculating the number of bedrooms in a housing development, every
400 square feet in each market rate unit will count as a bedroom if CDD determines
this method is appropriate in lieu of counting actual bedrooms.

Certificates of Occupancy and Project Phasing.

(1)

(2)

(3)

No final Certificate of Occupancy (CO) shall be issued for a housing development
until the terms of this section are met, including but not limited to the requirements
of C. above and the complete payment of any fees in lieu of units to the Housing
Trust Fund.

Certificates of Occupancy for affordable units must be obtained at the same time as
those of:other housing units in the housing development.

A housing development may be separated into phases of reasonable sizes, in which
case the affordable units and/or fees in lieu must be provided in proportion to the
portion of the project completed. However, projects shall not be segmented or
phased to avoid compliance with these provisions, such as by proposing more units
than are intended.

Bonus Density Ratios

(1)

(2)

(3)

Any development that provides required affordable units as outlined in this section
is eligible for a bonus density ratio as listed in Table 48-1.

This ratio is an additional number of market-rate units that may be built in
proportion to the total number of on-site required affordable units. Off-site units or
fees-in-lieu do not count towards this total.

All project phases shall have an affordable housing component. In the case of
fractional units, the number of bonus units shall be rounded down. However,
fractional bonus density units may be combined with other fractional units for
which a project may be eligible for to create additional units if the fractions add up
to one or more. For example, a ten-unit project with a ten percent inclusionary
requirement and a 2.5:1 bonus density ration would be able to build eleven market
rate units (9 + 2.5 rounded down) and one on-site affordable unit. If the base zoning
permitted this project to have 10.5 units in total, the project could have twelve
market rate units (9.5 + 2.5) and one on-site unit, as well as a fee-in- lieu for 0.05
units (0.5 x 10%.)