HomeMy WebLinkAbout4499 ORDINANCE NO. 4499
AN ORDINANCE OF THE CITY OF BREMERTON, WASHINGTON,
RELATING TO LOCAL IMPROVEMENT DISTRICT NO. 326; FIXING
THE AMOUNT, FORM, DATE, INTEREST RATES, MATURITY AND
DENOMINATIONS OF THE LOCALIMPROVEMENT DISTRICT NO. 326
BONDS; PROVIDING FOR THE SALE AND DELIVERY THEREOF TO
DAIN BOSWORTH INCORPORATED IN SEATTLE, WASHINGTON; FIXING
AND REAFFIRMING THE INTEREST RATE ON LOCAL IMPROVEMENT
DISTRICT NO. 326 ASSESSMENT INSTALLMENTS; AND PROVIDING
THAT THIS ORDINANCE WILL TAKE EFFECT IMMEDIATELY.
THE CITY OF BREMERTON DOES ORDAIN as follows:
Section 1. Authorization and Description of Bonds. The total
amount of the assessment roll in Local Improvement District No. 326
in the City of Bremerton, Washington (the "City"), created under
Ordinance No. 4419, passed June 2, 1993, was $388,999.96. The
30-day period for making cash payments of assessments without
interest in the District expired on December 20, 1994, and the
total amount of assessments paid in cash (including a payment to be
made on an assessment against city property) was $140,660.15,
leaving a balance of assessments unpaid on the assessment roll in
the sum of $248,339.81. Local Improvement District No. 326 Bonds
(the "Bonds") shall, therefore, be issued in the total principal
sum of $248,339.81. The Bonds shall be dated February 1, 1995,
shall mature on February 1, 2015, and shall be numbered from 1 to
49, inclusive, in the manner and with any additional designation as
the Bond Registrar (collectively, the fiscal agencies of the State
of Washington located in Seattle, Washington, and New York, New
York) deems necessary for the purpose of identification. Bond
No. 1 shall be in the denomination of $8,339.81 and Bonds Nos. 2 to
49, inclusive, shall be in the denomination of $5,000.00 each.
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be computed on the basis of a 360-day year of twelve
The Bonds shall bear interest, payable annually
February 1, 1996, to the date of maturity of the Bonds or
redemption date each year in accordance with the following
Bond Numbers Interest
(inclusive) Amounts Rates
1 $ 8,339.81 5.40%
2 to 3 10,000.00 5.80
4 to 5 10,000.00 6.10
6 to 7 10,000.00 6.25
8 to 9 10,000.00 6.40
10 to 11 10,000.00 6.55
12 to 13 10,000.00 6.70
14 to 15 10,000.00 6.80
16 to 17 10,000.00 6.90
18 to 20 15,000.00 7.00
21 to 23 15,000.00 7.05
24 to 26 15,000.00 7.15
27 to 29 15,000.00 7.20
30 to 36 35,000.00 7.25
37 to 44 40,000.00 7.30
45 to 49 25,000.00 7.35
Reqistration and Transfer of Bonds. The Bonds
issued only in registered form as to both principal and
shall be recorded on books or records maintained by
Registrar (the "Bond Register"). Such Bond Register shall
name and mailing address of the owner of each Bond and
amount and number of each of the Bonds held by each
be transferred only if endorsed in the manner
thereon and surrendered to the Bond Registrar. The
Bond shall be by the Bond Registrar's receiving the
transferred, cancelling it and issuing a new certificate
the Bonds to the transferee after registering the
name and address of the transferee on the Bond Register. The new
certificate shall bear the same Bond number as the transferred Bond
but may have a different inventory reference number or control
number. Any exchange or transfer shall be without cost to the
owner or transferee. The Bond Registrar shall not be obligated to
exchange or transfer any Bond during the 15 days preceding any
principal payment or redemption date.
Section 3. Payment of Bonds. Both principal of and interest
on the Bonds shall be payable solely out of the Local Improvement
Fund, District No. 326 (the "Bond Fund"), and from the Local
Improvement Guaranty Fund of the City, and shall be payable in
lawful money of the United States of America. Interest on the
Bonds shall be paid by check or draft mailed to the registered
owners on the interest payment date at the addresses appearing on
the Bond Register on the 15th day of the month preceding the
interest payment date. Principal of the Bonds shall be payable
upon presentation and surrender of the Bonds by the registered
owners at either of the principal offices of the Bond Registrar at
the option of the owners.
Section 4. Redemption Provisions. The City reserves the
right to redeem the Bonds prior to their stated maturity on any
interest payment date, in numerical order, lowest numbers first, at
par plus accrued interest to the date fixed for redemption,
whenever there shall be sufficient money in the Bond Fund to pay
the Bonds so called and all earlier numbered Bonds over and above
the amount required for the payment of the interest on'all unpaid
Bonds.
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Ail Bonds redeemed under this section shall be cancelled.
Section 5. Notice of Redemption. The City shall cause notice
of any intended redemption of Bonds to be given not less than 15
nor more than 30 days prior to the date fixed for redemption by
first-class mail, postage prepaid, to the registered owner of any
Bond to be redeemed at the address appearing on the Bond Register
at the time the Bond Registrar prepares the notice, and the
requirements of this sentence shall be deemed to have been
fulfilled when notice has been mailed as so provided, whether or
not it is actually received by the owner of any Bond. Interest on
Bonds called for redemption shall cease to accrue on the date fixed
for redemption unless the Bond or Bonds called are not redeemed
when presented pursuant to the call. In addition, the redemption
notice shall be mailed within the same period, postage prepaid, to
Dain Bosworth Incorporated at its principal office in Seattle,
Washington, or its successor, and to such other persons and with
such additional information as the City Treasurer shall determine,
but these additional mailings shall not be a condition precedent to
the redemption of Bonds.
Section 6. Failure to Redeem Bonds. If any Bond is not
redeemed when properly presented at its maturity or call date, the
City shall be obligated to pay interest on that Bond at the same
rate provided in the Bond from and after its maturity or call date
until that Bond, both principal and interest, is paid in full or
until sufficient money for its payment in full is on deposit in the
Bond Fund and the Bond has been called for payment by giving notice
of that call to the registered owner of each of those unpaid Bonds.
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Section 7. Form and Execution of Bonds. The Bonds shall be
printed, lithographed or typed on good bond paper in a form
consistent with the provisions of this ordinance and state law,
shall be signed by the Mayor and the City Clerk, either or both of
whose signatures may be manual or in facsimile, and the seal of the
City or a facsimile reproduction thereof shall be impressed or
printed thereon.
Only Bonds bearing a Certificate of Authentication in the
following form, manually signed by the Bond Registrar, shall be
valid or obligatory for any purpose or entitled to the benefits of
this ordinance:
CERTIFICATE OF AUTHENTICATION
This Bond is one of the fully registered City of
Bremerton, Washington, Local Improvement District No. 326
Bonds described in the Bond Ordinance.
Washington State Fiscal Agency
Bond Registrar
By
Authorized Signer
The authorized signing of a Certificate of Authentication shall be
conclusive evidence that the Bond so authenticated has been duly
executed, authenticated and delivered and is entitled to the
benefits of this ordinance.
If any officer whose facsimile signature appears on the Bonds
ceases to be an officer of the City authorized to sign bonds before
the Bonds bearing his or her facsimile signature are authenticated
or delivered by the Bond Registrar or issued by the City, those
Bonds nevertheless may be authenticated, issued and delivered and,
when authenticated, issued and delivered, shall be as binding on
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the City as though that person had continued to be an officer of
the City authorized to sign bonds. Any Bond also may be signed on
behalf of the City by any person who, on the actual date of signing
of the Bond, is an officer of the City authorized to sign bonds,
although he or she did not hold the required office on the date of
issuance of the Bond.
Section 8. Bond Registrar. The Bond Registrar shall keep, or
cause to be kept, at its principal corporate trust office,
sufficient books for the registration and transfer of the Bonds
which shall be open to inspection by the City at all times. The
Bond Registrar is authorized, on behalf of the City, to
authenticate and deliver Bonds transferred or exchanged in
accordance with the provisions of the Bonds and this ordinance, to
serve as the City's paying agent for the Bonds and to carry out all
of the Bond Registrar's powers and duties under this ordinance and
City Ordinance No. 1608 establishing a system of registration for
the City's bonds and obligations.
The Bond Registrar shall be responsible for its
representations contained in the Bond Registrar's Certificates of
Authentication on the Bonds. The Bond Registrar may become the
owner of Bonds with the same rights it would have if it were not
the Bond Registrar and, to the extent permitted by law, may act as
depository for and permit any of its officers or directors to act
as members of, or in any other capacity with respect to, any
committee formed to protect the rights of Bond owners.
Section 9. Bonds Negotiable. The Bonds shall be-negotiable
instruments to the extent provided by RCW 62A.8-102 and 62A.8-105.
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Section 10. Preservation of Tax Exemption for Interest on
Bonds. The City covenants that it will take all actions necessary
to prevent interest on the Bonds from being included in gross
income for federal income tax purposes, and it will neither take
any action nor make or permit any use of proceeds of the Bonds or
other funds of the City treated as proceeds of the Bonds at any
time during the term of the Bonds which will cause interest on the
Bonds to be included in gross income for federal income tax
purposes. The City certifies that it has not been notified of any
listing or proposed listing by the Internal Revenue Service to the
effect that it is a bond issuer whose arbitrage certifications may
not be relied upon.
Section 11. Small Governmental Issuer Arbitrage Rebat~
Exception and Designation of Bonds as "Qualified Tax-Exempt
Obligations." The City finds and declares that (a) it is a duly
organized and existing governmental unit of the State of Washington
and has general taxing power; (b) no Bond which is part of this
issue of Bonds is a "private activity bond" within the meaning of
Section 141 of the United States Internal Revenue Code of 1986, as
amended (the "Code"); (c) at least 95% of the net proceeds of the
Bonds will be used for local governmental activities of the City
(or of a governmental unit the jurisdiction of which is entirely
within the jurisdiction of the City); (d) the aggregate face amount
of all tax-exempt obligations (other than private activity bonds
and other obligations not required to be included in such
calculation) issued by the City and all entities subordinate to the
City (including any entity which the City controls, which derives
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its authority to issue tax-exempt obligations from the City or
which issues tax-exempt obligations on behalf of the City) during
the calendar year in which the Bonds are issued is not reasonably
expected to exceed $5,000,000; and (e) the amount of tax-exempt
obligations, including the Bonds, designated by the City as
"qualified tax-exempt obligations" for the purposes of
Section 265(b)(3) of the Code during the calendar year in which the
Bonds are issued does not exceed $10,000,000. The City therefore
certifies that the Bonds are eligible for the arbitrage rebate
exception under Section 148(f) (4)(D) of the Code and designates the
Bonds as "qualified tax-exempt obligations" for the purposes of
Section 265(b) (3) of the Code.
Section 12. Approval of Bond Purchase Contract. Dain
Bosworth Incorporated of Seattle, Washington, has presented a
purchase contract (the "Bond Purchase Contract") to the City
offering to purchase the Bonds under the terms and conditions
provided in the Bond Purchase Contract, which written Bond Purchase
Contract is on file with the City Clerk and is incorporated herein
by this reference. The City Council finds that entering into the
Bond Purchase Contract is in the City's best interest and therefore
accepts the offer contained therein and authorizes its execution by
City officials.
The Bonds will be printed at City expense and will be
delivered to the purchaser in accordance with the Bond Purchase
Contract, with the approving legal opinion of Foster Pepper &
Shefelman, municipal bond counsel of Seattle, Washington; regarding
the Bonds printed on each definitive Bond. Bond counsel shall not
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be required to review and shall express no opinion concerning the
completeness or accuracy of any official statement, offering
circular or other sales material issued or used in connection with
the Bonds, and bond counsel's opinion shall so state.
The proper City officials are authorized and directed to do
everything necessary for the prompt delivery of the Bonds to the
purchaser, including without limitation the execution of the
Official Statement on behalf of the City, and for the proper
application and use of the proceeds of the sale thereof.
Section 13. Temporary Bond. Pending the printing, execution
and delivery to the purchaser of definitive Bonds, the City may
cause to be executed and delivered to the purchaser a single
temporary Bond in the total principal amount of the Bonds. The
temporary Bond shall bear the same date of issuance, interest
rates, principal payment dates and terms and covenants as the
definitive Bonds, shall be issued as a fully registered Bond in the
name of the purchaser, and otherwise shall be in a form acceptable
to the purchaser. The temporary Bond shall be exchanged for
definitive Bonds as soon as they are printed, executed and
available for delivery.
Section 14. Fixing Interest Rate on Assessments. The
interest rate on the installments and delinquent payments of the
special assessments previously fixed at 8.2% by Ordinance No. 4490
is reaffirmed and fixed at 8.2%.
Section 15. Effective Date of Ordinance. The City is in
urgent need of financing for the improvements in Local Improvement
District No. 326 and has been advised that a favorable market
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exists at this time for the sale of the Bonds resulting in lower
interest rates on the Bonds and a savings to the City. Therefore,
the City Council finds that sufficient urgency exists to require
that this ordinance take effect immediately upon its passage and
publication.
PASSED UNANIMOUSLY by the City Council of the City of
Bremerton, Washington, this 18th day of January, 1995.
HU F ES,
Council Pres-id6nt
APPROVED this {~ day of January, 1995.
L~NN HORTON, Mayor
ATTEST:
KATHLEEN McCLUSK~Y, City Clerk
APPROVED AS TO FORM:
Publication Date: /-~/- ~Q-
Ordinance Number: ~~
0163399.02
I, KATHLEEN L. McCLUSKEY, City Clerk of the City of Bremerton,
Washington, certify that the attached copy of Ordinance No. 4499 is
a true and correct copy of the original ordinance passed on the
18th day of January, 1995, as that ordinance appears on the Minute
Book of the City.
DATED this'~/~-%fday of January, 1995.
Ka~hleen L. McCl~skey
City Clerk
0163399.02
CITY OF BREMERTON
ORDINANCE NO. 4499
AN ORDINANCE OF THE CITY OF BREMERTON, WASHINGTON, RELATING TO
LOCAL IMPROVEMENT DISTRICT NO. 326; FIXING THE AMOUNT, FORM, DATE,
INTEREST RATES, MATURITY AND DENOMINATIONS OF THE LOCAL IMPROVEMENT
DISTRICT NO. 326 BONDS; PROVIDING FOR THE SALE AND DELIVERY THEREOF
TO DAIN BOSWORTH INCORPORATED IN SEATTLE, WASHINGTON; FIXING AND
REAFFIRMING THE INTERESTRATE ON LOCAL IMPROVEMENT DISTRICT NO. 326
ASSESSMENT INSTALLMENTS; AND PROVIDING THAT THIS ORDINANCE WILL
TAKE EFFECT IMMEDIATELY.
PASSED UNANIMOUSLY JANUARY 18, 1995.
PUSLICATION DATES/-,~/-.~'~-_
NO. OF INSERTIONS ,/ -
NO. AFFIDAVITS REQ'D ~