HomeMy WebLinkAbout4508 CITY OF BREMERTON, WASHINGTON
ORDINANCE NO. ~
AN ORDINANCE of the City of Brem~ton, Washington,
authorizing the issuance of tax anticipation notes for
the purpose, of paying city expenses pending the receipt
of general city taxes; creating a note redemption fund;
providing for the sale of those notes to Dain Bosworth
Incorporated of Seattle, Washington; and, because of its
urgency, providing that this ordinance shall take effect
immediately.
Passed March 8, 1995
This document was prepared by:
Foster Pepper & Shefelman
1111 Third Avenue, Suite 3400
Seattle, Washington 98101
(206) 447-4400
CITY OF BREMERTON, WASHINGTON
oRDINANCE NO.
AN ORDINANCE of the City of Bremerton, Washington,
authorizing the issuance of tax anticipation notes for
the purpose of paying city expenses pending the receipt
of general City taxes; creating a note redemption fund;
providing for the sale of those notes to Dain Bosworth
Incorporated of Seattle, Washington; and, because of its
urgency, providing that this ordinanc~shall take e~fect
immediately.
WHEREAS, the City Council of the city of Bremerton, Washington
(the "city"), finds that the periodic collections of sales, excise
and general ad valorem taxes and other revenues in 1995 will not be
sufficient to meet necessary city expenses as they are incurred in
1995, and that it is in the best interest of the City to contract
short-termdebt pursuant to Chapter 39.50 RCWto pay those expenses
pending receipt of taxes and other revenue collected by the City;
NOW, THEREFORE,
THE CITY OF BREMERTON DOES ORDAIN:
Section 1. Debt Capacity. The assessed valuation of the
taxable property of the City as ascertained by the last preceding
assessment for City purposes for the year 1994 for tax collection
in the year 1995 is $1,203,299,197 and the City as of December 31,
1994, had $10,215,000 of outstanding general indebtedness evidenced
by limited tax general obligation bonds and tax anticipation notes
incurred within the limit of up to 1-1/2% of the value of the
taxable property within the City permitted for general municipal
purposes without a vote of the qualified voters therein, and
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unlimited tax general obligation bonds in the principal amount of
$2,045,000 within the limit of up to 2-1/2% of the value of the
taxable property within the City for general capital purposes
issued pursuant to a vote of the qualified voters of the City, and
the amount of indebtedness for which the notes are herein
authorized to be issued is $1,250,000.
Section 2. Authorization and Description of Notes. There is
created in the office of the City Treasurer a special fund called
the Tax Anticipation Note Fund, 1995 (the "Note Fund"). Pending
the collection of sales, excise and general ad valorem property
taxes levied for collection in 1995 and other revenues anticipated
to be received in 1995, the city shall issue and sell its tax
anticipation notes to be designated Tax Anticipation Notes, 1995
(the "Notes"), in the principal amount of $1,250,000. The Notes
shall be dated March 1, 1995; shall mature on January 31, 1996;
shall be in the denomination of $5,000 or any integral multiple
thereof; and shall bear interest at the rate of 5% per annum
(computed on the basis of a 360-day year of twelve 30-day months),
payable at maturity. If any Note is not redeemed, when properly
presented at its maturity, then interest shall continue to accrue
at the same rate from and after maturity until that Note with
interest is paid in full or until sufficient money for such payment
in full is on deposit in the Note Fund and the Note has been called
for redemption. The City Council declares and finds that the
fixing of the above interest rate is in the best interests of the
City. The Notes shall be general obligations of the City.
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The Notes shall not be subject to redemption prior to their
maturity date.
Both principal of and interest on the Notes shall be payable
in lawful money of the United States of America at the principal
office of either of the fiscal agencies of the State of Washington
in Seattle, Washington, or New York, New York.
Section 3. Pledqe of Taxes. The Not~ shall be p~d solely
from the Note Fund. The City irrevocably pledges to budget and
levy taxes within the constitutional and statutory tax limitations
provided by law without a vote of the electors of the City on all
of the taxable property in the City in an amount sufficient,
together with other money legally available and to be used
therefor, to pay the principal of and interest on the Notes at
maturity. The City further irrevocably pledges to set aside and
deposit into the Note Fund from such taxes and other money on or
before the maturity date of the Notes an amount sufficient to pay,
both principal and interest, and redeem the Notes on their maturity
date.
The full faith, credit and resources of the City are pledged
irrevocably for the payment of the principal of and interest on the
Notes.
Section 4. Form and Execution of Notes. The Notes shall be
printed, typed or multicopied on good bond paper in a form
consistent with the provisions of this ordinance and State law,
shall be signed by the manual or facsimile signature of the City
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Treasurer, and shall have the seal of the City or a facsimile
reproduction thereof impressed or printed thereon.
If any officer whose facsimile signature appears on the Notes
ceases to be an officer of the City authorized to sign notes before
the Notes bearing his or her facsimile signature are delivered or
issued by the City, those Notes nevertheless may be issued and
delivered and, when issued and delivered,~hall be as ~inding on
the City as though that person had continued to be an officer of
the City authorized to sign notes.
Section 5. Notes Neqotiable. The Notes shall be negotiable
instruments to the extent provided by RCW 62A.8-102 and 62A.8-105.
Section 6. Use of Proceeds. The principal proceeds received
from the sale of the Notes shall be deposited in the General Fund
of the City and used solely for the purpose of paying the cash flow
deficits in the City's General Fund resulting from budgeted
expenditures, and any interest received from the deposit or
investment of such proceeds shall be applied and used solely for
such purposes or for deposit in the Note Fund. Any proceeds
resulting from authorized temporary investments of money on deposit
in the Note Fund or such investment proceeds of any of the taxes
hereafter levied for payment of the Notes and placed in the Note
Fund shall be used for the sole purpose of retiring the Notes or
paying the interest thereon.
Section 7. Permitted Financinq of Cumulative Cash Flow
Deficit. Based upon the reasonably expected amounts of sales,
excise and general ad valorem property taxes and other revenues to
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be collected in 1995 (including investment proceeds of the Notes)
and that are expected to be available to make General Fund
expenditures in 1995 (computed by treating a reasonable working
capital reserve in an amount not exceeding 5% of the total General
Fund expenditures in the prior fiscal year as not being available
to make those expenditures), the City Council finds that the
principal amount of the Notes does n~ exceed th~ maximum
anticipated "cumulative cash flow deficit" (as defined by Section
148 of the Internal Revenue Code of 1986, as amended (the "Code"),
and applicable Treasury Regulations thereunder) expected to occur
in the City's General Fund during 1995 and that is to be financed
with proceeds of the Notes.
Section 8. Preservation of Tax Exemption of Interest on
Notes. The City covenants that it will take all actions necessary
to prevent interest on the Notes 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 Notes or
other funds of the City treated as proceeds of the Notes at any
time during the term of the Notes which will cause interest on the
Notes to be included in gross income for federal income tax
purposes. The City also covenants that it will, to the extent the
arbitrage rebate requirement of Section 148 of the Code is
applicable to the Notes, take all actions necessary to comply (or
to be treated as having complied) with that requirement in
connection with the Notes, including the calculation and payment of
any penalties that the City has elected to pay as an alternative to
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calculating rebatable arbitrage, and the payment of any other
penalties if required under Section 148 of the Code to prevent
interest on the Notes from being 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 relie~pon.
Section 9. Small Governmental Issuer Arbitrage Rebate
Exception and Desiqnation of Notes as "Qualified Tax-Exempt
Obliqations." 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 Note which is part of this
issue of Notes 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
Notes 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
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 Notes are issued is not reasonably
expected to exceed $5,000,000; and (e) the amount of tax-exempt
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obligations, including the Notes, 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
Notes are issued does not exceed $10,000,000. The City therefore
certifies that the Notes are eligible for the arbitrage rebate
exemption under Section 148(f)(4)(D) of the Code and designates the
Notes as "qualified tax-exempt obligationS" for the pffrposes of
Section 265(b)(3) of the Code.
Section 10. Approval of Note Purchase Contract. Dain
Bosworth Incorporated of Seattle, Washington, has presented a
purchase contract (the "Note Purchase Contract") to the City
offering to purchase the Notes under the terms and conditions
provided in the Note Purchase Contract, which written Note Purchase
Contract is on file with the City Clerk and is incorporated herein
by this reference. The City Council finds that entering into the
Note Purchase Contract is in the City's best interest and therefore
accepts the offer contained therein and authorizes its execution by
city officials.
The Notes will be prepared at City expense and will be
delivered to the purchaser in accordance with the Note Purchase
Contract, with the approving legal opinion of Foster Pepper &
Shefelman, municipal bond counsel of Seattle, Washington. Bond
counsel shall not 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
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in connection with the Notes, and bond counsel's opinion shall so
state.
The City Council has been provided with copies of a
preliminary official statement dated February 22, 1995 (the
"Preliminary Official Statement"), prepared in connection with the
sale of the Notes. For the sole purpose of the purchaser's
compliance with Securities and Exchange Commission Rule
15c2-12(b)(1), the City "deems final" that Preliminary Official
Statement as of its date, except for the omission of information as
to offering price, interest rate, selling compensation, delivery
date and other terms of the Notes dependent on such matters.
The proper City officials are authorized and directed to do
everything necessary for the prompt delivery of the Notes to the
purchaser and for the proper application and use of the proceeds of
the sale thereof.
Section 11. Effective Date - Urgency. The City is in urgent
need of obtaining funds to offset the City's deficit cash flow and
has been advised that a favorable market exists at this time for
the sale of the Notes resulting in a lower interest rate on the
Notes and a savings to the City. Therefore, the City Council finds
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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 8th day of March, 1995.
Council-~J~resi~nt -
APPROVED this I~ day of March, 1995.
L~ H~oRTON~, Mayor
ATTEST:
KATHLEEN McCLUSKEY, city ~erk
APPROVED AS TO FORM:
ck, Bond Counsel
Publication Date: ~ //-~
Ordinance Number: ~-d~f
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I, KATHLEEN L. McCLUSKEY, City Clerk of the City of Bremerton,
Washington, certify that the attached copy of Ordinance No. ~--O~
is a true and correct copy of the original ordinance passed on the
8th day of March, 1995, as that ordinance appears on the Minute
Book of the city.
DATED this \~ day of March, 1995.
Kathleen L. McCluskey
City Clerk
0171641.01