HomeMy WebLinkAbout4306 A/~ 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 Seattle-First National Bank of Seattle, Washington;
and, because of its urgency, providing that this
ordinance shall take effect 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
1991 will not be sufficient to meet necessary City expenses as
they are incurred in 1991, and that it is in the best interest
of the City to contract short-term debt pursuant to Chapter
39.50 RCW to pay those expenses from taxes and other revenue
collected by the City; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY OF BREMERTON, WASHINGTON, as
follows:
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 1990 for tax
collection in the year 1991 is $858,728,317, and the City has
$527,065 of outstanding general indebtedness evidenced by
limited tax general obligation bonds and installment purchase
contracts incurred within the limit of up to 3/4 of 1% of the
value of the taxable property within the City permitted for
general municipal purposes without a vote of the qualified
voters therein, and unlimited tax general obligation bonds in
the principal amount of $1,110,000 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 $1,750,000.
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, 1991 (the "Note Fund").
Pending the collection of sales, excise and general ad valorem
property taxes to be levied for collection in 1991 and other
revenues anticipated to be received in 1991, the City shall
issue and sell its tax anticipation notes to be designated Tax
Anticipation Notes, 1991 (the "Notes"), in the principal amount
of $1,750,000. The Notes shall be dated February 1, 1991, shall
mature on January 31, 1992, shall be in the denomination of
$100,000 or any integral multiple thereof except that one Note
shall be in the denomination of $50,000 or $100,000 or any
integral multiple thereof plus $50,000, and shall bear interest
at the rate of ~b~% 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.
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.
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Section 3. Pledqe of Taxes. The Notes shall be paid 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
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 signature of the City Treasurer, and shall
have the seal of the City impressed thereon.
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 heretofore created 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
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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. Compliance with Cash Flow Requlations. The City
Council finds that the principal amount of the Notes does not
exceed the City's maximum anticipated cumulative cash flow
deficit in the General Fund (as that concept is defined in the
Internal Revenue Code of 1986, as amended (the "Code"), and
Income Tax Regulations Sections 1.103-13, 1.103-14 and 1.103-15)
to be financed in 1991 from the City's sales, excise and general
ad valorem property taxes and other revenues to be collected in
1991.
Section 8. Preservation of Tax Exemption of Interest on
Notes. The City covenants that it will take all actions
necessary to prevent the 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 at any time
during the term of the Notes which will cause the interest on
the Notes to be included in gross income for federal income tax
purposes.
The City further covenants 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 9. Small Governmental Issuer Arbitraqe Rebate
Exemption and Desiqnation of Notes 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 Note which is
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part of this issue of Notes is a "private activity bond" within
the meaning of Section 141 of 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) issued by the
City and all entities subordinate to the City (including any
entity which the City controls or which derives its authority to
issue tax-exempt obligations from the City) during the current
calendar year is not reasonably expected to exceed $5,000,000;
and (e) the amount of tax-exempt obligations, including the
Notes, designated 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 $5,000,000.
The City therefore certifies that the Notes are eligible for the
arbitrage rebate exemption under Section 148(f)(4)(C) of the
Code and designates the Notes as "qualified tax-exempt
obligations" for the purposes of Section 265(b)(3) of the Code.
Section 10. Payment of 1990 Tax Anticipation Notes. The
City finds that there have been deposited in the Tax
Anticipation Note Fund, 1990, sufficient funds to pay, both
principal and interest, and redeem the City's Tax Anticipation
Notes, 1990, on January 25, 1991, the maturity date of those
notes, and that the proceeds of the Notes will not be used to
pay principal of or interest on the Tax Anticipation Notes,
1990, or replace money used for that purpose.
Section 11. Approval of Bond Purchase Contract. Seattle-
First National Bank of Seattle, Washington, has presented a
purchase contract (the "Purchase Contract") to the City offering
to purchase the Notes under the terms and conditions provided in
the Purchase Contract, which written Purchase Contract is on
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file with the City Clerk and is incorporated herein by this
reference. The City Council finds that entering into the
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 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 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 January 8, 1991 (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 15-2-12(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 12. Effective Date - Urgency. In order to have
money available to offset the City's deficit cash flow, the
proceeds of the Notes authorized by this ordinance are to be
received before thirty days after publication of this
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ordinance. Therefore, the City Council finds that sufficient
urgency exists to require that this ordinance take effect
immediately. For the reasons stated, this ordinance shall take
effect immediately upon its passage and publication.
PASSED by the City Council of the City of Bremerton, signed
by the Mayor and attested by the City Clerk in authentication of
such passage this [~T~_ day of January, 1991, notice having been
given as required by law.
HORTON, Council President
APPROVED this __ day of January, mi991.
LOUIS MENTOR,
ATTEST:
KATHLEEN McCLUSKEY, City Clerk
gPROVED/A~ TO FORM:
IAN SIEVERS, City Attorney
MLC-1437'
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