HomeMy WebLinkAbout4337 AN ORDINANCE of the City of Bremerton,
Washington, relating to contracting indebtedness;
providing for the issuance of $730,000 par value
Limited Tax General Obligation Bonds, 1991 (Taxable),
of the City for general City purposes to provide
funds with which to pay the cost of acquiring and
remodeling an office building for City use; fixing
the date, form, maturities, interest rates, terms and
covenants of the bonds; establishing a bond
redemption fund and an acquisition fund; and
approving the sale and providing for the delivery of
the bonds to Seattle-First National Bank of Seattle,
Washington.
WHEREAS, the City of Bremerton, Washington (the "City"), is
in need of acquiring and remodeling an office building for use
by various departments of the City, the estimated cost of which
is $730,000, and the City does not have available sufficient
funds to pay that cost; NOW, THEREFORE,
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
BREMERTON, WASHINGTON, as follows:
Section 1. Debt Capacity. The assessed valuation of the
taxable property within the City as ascertained by the last
preceding assessment for City purposes for the calendar year
1991 is $855,620,809, and the City has outstanding general
indebtedness evidenced by limited tax general obligation bonds,
notes and conditional sales contracts in the principal amount of
$3,424,129 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, unlimited tax general obligation bonds in the
principal amount of $2,410,000 incurred within the limit of up
to 2-1/2% of the value of the taxable property within the City
for capital purposes only issued pursuant to a vote of the
qualified voters of the City, and the amount of indebtedness for
which bonds are authorized herein to be issued is $730,000.
Section 2. Authorization of Bonds. The City shall borrow
money on the credit of the City and issue negotiable limited tax
general obligation bonds evidencing that indebtedness in the
amount of $730,000 for general City purposes to provide the
funds to pay the cost of acquiring and remodeling an office
building for use by various departments of the City (the
"Project") and to pay the costs of issuance and sale of the
bonds (the "costs of issuance"). The general indebtedness to be
incurred shall be 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.
Section 3. Description of Bonds. The bonds shall be
called Limited Tax General Obligation Bonds, 1991 (Taxable), of
the City (the "Bonds"); shall be in the aggregate principal
amount of $730,000; shall be dated September 1, 1991; shall be
in the denomination of $5,000 or any integral multiple thereof
within a single maturity; shall be numbered separately in the
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with any additional designation as the Bond Registrar
(collectively, the fiscal agencies of the State of Washington
Seattle, Washington, and New York, New York) deems
for purposes of identification; shall bear interest at
set forth below (computed on the basis of a 360-day
twelve 30-day months), payable semiannually on March 1
September 1; and shall bear interest at the rates and mature
1 in years and amounts as follows:
Maturity Interest
Years Amounts Rates
1992 $ 15,000 6 80%
1993 15,000 7 50
1994 15,000 8 00
1995 20,000 8 60
1996 20,000 8 75
1997 20,000 9 00
1998 25,000 9 00
1999 25,000 9 05
2000 30,000 9 10
2001 30,000 9 10
2002 35,000 9 20
2003 35,000 9 20
2004 40,000 9 25
2005 45,000 9 25
2006 50,000 9 30
2007 50,000 9 30
2008 55,000 9 30
2009 60,000 9 40
2010 70,000 9 40
2011 75,000 9 40
the capital facility to be acquired with the
the Bonds exceeds the term of the Bonds.
4. Registration and Transfer of Bonds. The Bonds
issued only in registered form as to both principal and
recorded on books or records maintained by the Bond
(the "Bond Register"). The Bond Register shall
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contain the name and mailing address of the owner of each Bond
and the principal amount and number of each of the Bonds held by
each owner.
Bonds surrendered to the Bond Registrar may be exchanged
for Bonds in any authorized denomination of an equal aggregate
principal amount and of the same interest rate and maturity.
Bonds may be transferred only if endorsed in the manner provided
thereon and surrendered to the Bond Registrar. 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 fifteen days preceding any principal payment
or redemption date.
Section 5. Payment of Bonds. Both principal of and
interest on the Bonds shall be payable in lawful money of the
United States of America. Interest on the Bonds shall be paid
by checks or drafts mailed on the interest payment date to the
registered owners at the addresses appearing on the Bond
Register on the fifteenth 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 6. Optional Redemption and Open Market Purchase of
Bonds. Bonds maturing in the years 1992 through 2001,
inclusive, shall be issued without the right or option of the
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City to redeem those Bonds prior to their stated maturity
dates. The City reserves the right and option to redeem the
Bonds maturing on or after September 1, 2002, prior to their
stated maturity dates, as a whole, or in part in inverse order
of maturity (and by lot within a maturity in such manner as the
Bond Registrar shall determine), on September 1, 2001, or on any
interest payment date thereafter, at par plus accrued interest
to the date fixed for redemption.
Portions of the principal amount of any Bond, in
installments of $5,000 or any integral multiple thereof, may be
redeemed. If less than all of the principal amount of any Bond
is redeemed, upon surrender of that Bond at either of the
principal offices of the Bond Registrar, there shall be issued
to the registered owner, without charge therefor, a new Bond (or
Bonds at the option of the registered owner) of the same
maturity and interest rate in any of the denominations
authorized by this ordinance in the aggregate principal amount
remaining unredeemed.
The City further reserves the right and option to purchase
any or all of the Bonds in the open market at any time at a
price not in excess of par plus accrued interest to the date of
purchase.
All Bonds purchased or redeemed under this section shall be
cancelled.
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Section 7. Notice of Redemption. The City shall cause
notice of any intended redemption of Bonds to be given not less
than 30 nor more than 60 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 Moody's Investors Service,
Inc., and Standard & Poor's Corporation at their offices in New
York, New York, or their successors, to Seattle-First National
Bank, 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 8. 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
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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 redemption fund hereinafter created and the
Bond has been called for payment by giving notice of that call
to the registered owner of each of those unpaid Bonds.
Section 9. Pledqe of Taxes. For as long as any of the
Bonds are outstanding, the City irrevocably pledges to include
in its budget and levy taxes annually 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 within
the City in an amount sufficient, together with other money
legally available and to be used therefor, to pay when due the
principal of and interest on the Bonds, and the full faith,
credit and resources of the City are pledged irrevocably for the
annual levy and collection of those taxes and the prompt payment
of that principal and interest.
Section 10. Form and Execution of Bonds. The Bonds shall
be printed or lithographed on good bond paper in a form
consistent with the provisions of this ordinance and state law,
shall be signed by the Mayor and 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
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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, Limited Tax General Obligation
Bonds, 1991 (Taxable), described in the Bond Ordinance.
WASHINGTON STATE FISCAL AGENCY
Bond Registrar
By
Authorized Officer
The authorized signing of a Certificate of Authentication shall
be conclusive evidence that the Bonds so authenticated have been
duly executed, authenticated and delivered and are 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,
delivered and issued and, when authenticated, issued and
delivered, shall be as binding on 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
Bonds.
Section 11. Bond Reqistrar. 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. 3862 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 Certificate 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 12. Bonds Neqotiable. The Bonds shall be
negotiable instruments to the extent provided by RCW 62A.8-102
and 62A.8-105.
Section 13. Purpose of Project. The office building being
acquired and remodeled is to be used for strictly City
purposes. Currently the City has need to use approximately 40%
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of the floor area of the building, but the City Council intends
that the City will occupy the entire building in the future.
The proper City officials may rent, pursuant to law, any space
not used by the City to a person or persons, public or private,
pursuant to rules hereafter established or approved by the City
Council.
Section 14. Advance Refundinq or Defeasance of the Bonds.
The City may issue advance refunding bonds pursuant to the laws
of the State of Washington or use money available from any other
lawful source to pay when due the principal of and interest on
the Bonds, or any portion thereof included in a refunding or
defeasance plan, and to redeem and retire, refund or defease all
such then-outstanding Bonds (hereinafter collectively called the
"defeased Bonds") and to pay the costs of the refunding or
defeasance. If money and/or government obligations (as defined
in Chapter 39.53 RCW, as now or hereafter amended) maturing at a
time or times and bearing interest in amounts (together with
money, if necessary) sufficient to redeem and retire, refund or
defease the defeased Bonds in accordance with their terms are
set aside in a special trust fund or escrow account irrevocably
pledged to that redemption and retirement of defeased Bonds
(hereinafter called the "trust account"), then all right and
interest of the owners of the defeased Bonds in the covenants of
this ordinance and in the funds and accounts obligated to the
payment of the defeased Bonds shall cease and become void. The
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owners of defeased Bonds shall have the right to receive payment
of the principal of and interest on the defeased Bonds from the
trust account. The defeased Bonds shall be deemed no longer
outstanding, and the City may apply any money in any other fund
or account established for the payment or redemption of the
defeased Bonds to any lawful purposes as it shall determine.
Section 15. Bond Fund and Deposit of Bond Proceeds. There
is created and established in the office of the City Treasurer a
special fund designated as the Limited Tax General Obligation
Bond Fund, 1991 (Taxable) (the "Bond Fund"). Accrued interest
on the Bonds, if any, received from the sale and delivery of the
Bonds shall be paid into the Bond Fund. There also is created
and established in the office of the City Treasurer a special
fund designated as the Office Building Acquisition Fund, 1991
(the "Acquisition Fund"). The principal proceeds and premium,
if any, received from the sale and delivery of the Bonds shall
be paid into the Acquisition Fund and used for the purposes
specified in Section 2 of this ordinance. Until needed to pay
the costs of the Project and costs of issuance, the City may
invest principal proceeds temporarily in any legal investment,
and the investment earnings may be retained in the Acquisition
Fund and spent for the purposes of that fund. All taxes
collected for and allocated to the payment of the principal of
and interest on the Bonds shall be deposited in the Bond Fund.
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Section 16. Approval of Bond Purchase Contract and
Delivery of Bonds. Seattle-First National Bank of Seattle,
Washington, has presented a bond 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 Bond. 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 Bonds, and bond counsel's opinion
shall so stats.
The City Council has been provided with copies of
preliminary official statement dated August 5, 1991 (the
"Preliminary Official Statement"), prepared in connection with
the sale of the Bonds. At the request of the purchaser,
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the City under the terms of Securities and Exchange Commission
Rule 15c2-12(b)(1), "deems final" that Preliminary Official
Statement as of its date, except for the omission of information
as to offering prices, interest rates, selling compensation,
aggregate principal amount, principal amount per maturity,
maturity dates, options of redemption, delivery dates, ratings
and other terms of the Bonds dependent on such matters.
The proper City officials are authorized and directed to do
everything necessary for the prompt delivery of the Bonds to the
purchaser and for the proper application and use of the proceeds
of the sale thereof.
Section 17. 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 18. Effective Date. The City is in urgent need of
acquiring the Project and has been advised that a favorable
market exists at this time for the sale of the Bonds resulting
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in lower interest rates on the Bonds and a savings to the City
and its taxpayers. Therefore, the City Council finds that
sufficient urgency exists to require that this ordinance take
effect immediately upon its passage and publication.
PASSED by the City Council of the City of Bremerton,
Washington, at a regular open public meeting thereof, this 14th
day of August. 1991.
LY~qN HORTON, President
Bremerton City Council
APPROVED this c~%%+
day of Au/~st,,%99!,.
E~TO~, M~yor
ATTEST:
KATHLEEN L. McCLUSK~ Clerk
APPROVED AS TO FORM:
~AN SIEVERS, City Attorney
ML(:-1923'
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