HomeMy WebLinkAbout4389 CxfY OF BREMERTON, WASHINGTC
AN ORDINANCE of the city of Bremerton, Washington
relating to contracting indebtedness; providing for the
issuance of a $500,000 par value of Limited Tax General
Obligation Bond, 1992, of the City for general City
purposes to provide funds with which to pay a part of the
cost of designing and constructing a fisheries mitigation
project; fixing the date, form, maturity, interest rate,
terms and covenants of the bond; establishing a bond
redemption fund and a construction 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 designing and constructing a fisheries mitigation project,
the estimated cost of which is $500,000, and the City does not have
available sufficient funds to pay the cost; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES
ORDAIN 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 calendar year 1992 is
$949,107,196, and the City has outstanding general indebtedness
evidenced by limited tax general obligation bonds and installment
purchase contracts in the principal amount of $849,734 incurred
within the limited 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 $2,340,000
incurred within the limit of up to 2-1/2% of the value of the
taxable property within the City for capital purposes only the City
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 $500,000.
Section 2. Authorization of Bond. The City shall borrow
money on the credit of the City and issue a negotiable limited tax
general obligation bond evidencing that indebtedness in the amount
of $500,000 for general City purposes to provide the funds to pay
the cost of designing and constructing a fisheries mitigation
project (the "Project") and to pay the costs of issuance and sale
("costs of issuance") of the bond. 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 Bond. The bond shall be called the
Limited Tax General Obligation Bond, 1992 (Mitigation), of the City
(the "Bond"); shall be a single bond in the principal amount of
$500,000; shall be dated as of the earliest date on which monies
are accessed under the provisions of this ordinance and shall
mature not later than six years from the dated date; and shall bear
interest as a variable rate per annum equal to 75% of the rate
announced from time to time by the Bank as its "prime rate" with
changes in such rate to be effective as of the date of announcement
(computed on the basis of a 360-day year of twelve 30-day months).
Both principal and interest shall be payable in semiannual
installments commencing on the first day of the month following the
six month anniversary of the dated date.
Interest and installments of principal on the Bond shall be
payable in lawful money of the United States of America and shall
be paid by the City on each principal and interest payment date to
the Bank. When the Bond has matured and has been paid in full,
both principal and interest, the Bond shall be surrendered by the
Bank to the Bond Registrar, who shall destroy the same one month
after the date of receipt of such Bond. Upon destruction, the Bond
Registrar shall furnish to the City a certificate of destruction
and no further Bond shall be executed or authenticated or issued in
exchange or substitution therefor.
Section 4. Appointment of Bond Registrar, Registration and
Transfer of Bond. The city Treasurer is appointed Bond Registrar.
The Bond shall be issued only in registered form as to both
principal and interest and recorded on books or records maintained
by the Bond Registrar (the "Bond Register"). The Bond Register
shall contain the name and mailing address of the owner of the
Bond.
The Bond may be transferred only in whole and only if endorsed
in the manner provided thereon and surrendered to the Bond
Registrar. Any transfer shall be without cost to the owner or
transferee. The Bond Registrar shall not be obligated to transfer
the Bond during the 15 days preceding any principal and interest
payment or redemption date.
Section 5. Payment of Bond. Both principal of the interest
on the Bond shall be payable in lawful money of the United States
of America. Payments of principal and interest on the Bond shall
be paid on the principal and interest payment date to the
registered owner at the address appearing on the Bond Register on
the fifteenth day of the month preceding the principal and interest
payment date. The final principal and interest payment shall be
payable upon presentation and surrender of the Bond by the
registered owner at the office of the Bond Registrar in Bremerton,
Washington. The Bond Registrar shall destroy the Bond thirty days
after its surrender and cancellation and shall furnish the City a
Certificate of Destruction.
Section 6. Optional Redemption of the Bond. The City
reserves the right and option to redeem the Bond or any portion
thereof prior to its stated maturity date at any time on, at par
plus accrued interest to the date fixed for redemption upon giving
fifteen days' written notice to the registered owner.
If the Bond is redeemed under this section, it shall be
canceled.
Section 7. Failure to Redeem Bond. If any principal and
interest installment is not paid on its due date or if the Bond is
not redeemed on the call date, the City shall be obligated to pay
interest on that principal and interest installment on the Bond at
the same rate provided in the Bond from and after the principal and
interest installment date or the call date for the Bond until the
principal and interest installment or the Bond (if called for prior
redemption), 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.
Section 8. Pledge of Taxes. For as long as the Bond is
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 to be used
therefor, to pay when due the principal of and interest on the
bond, 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 9. Form and Execution of Bond. The Bond shall be
printed, lithographed or typewritten 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, both of whose
signatures may be manual, and the seal of the City shall be
impressed thereon.
Only a Bond 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 the fully registered City of Bremerton,
Washington, Limited Tax General Obligation bond, 1992,
described in the Bond Ordinance.
Bond Registrar
By
Authorized officer
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.
Section 10. Bond Registrar. The Bond Registrar shall keep, or
cause to be kept, at his office, sufficient books for the
registration and transfer of the Bond 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 a
Bond transferred in accordance with the provisions of the Bond and
this ordinance, to serve as the City's paying agent for the Bond
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 the
representations contained in the Bond Registrar's Certificate of
Authentication on the Bond.
Section 11. Preservation of Tax Exemption for Interest on
Bonds. The City covenants that it will take all actions necessary
to prevent interest on the Bond 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 Bond or other
funds of the city treated as proceeds of the Bond at any time
during the term of the Bond which will cause interest on the Bond
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 12. Designation of Bond as a "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) the Bond is not 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 Bond will be used for local
government activities of the City (or of a governmental unit the
jurisdiction of which is entirely within the jurisdiction of the
City).
Section 13. Bond Negotiable. The Bond shall be a negotiable
instrument to the extent provided by RCW 62A.8-102 and 62A.8-105.
Section 15. Bond Fund. There is created and established in
the office of the City Treasurer a special fund designated as the
Limited Tax General Obligation Bond Fund, 1992 (mitigation) (the
"Bond Fund"). Accrued interest on the Bond, if any, received from
the sale and delivery of the Bond 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 Waterfront Park
Construction Fund (the "Construction Fund"). The principal
proceeds received from the sale and delivery of the Bond shall be
paid into the Construction 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 of the Bond, the City may invest
principal proceeds temporarily in any legal investment, and the
investment earnings may be retained in the Acquisition Fund and be
spent for the purposes of that fund. All taxes collected for and
allocated to the payment of the principal of and interest on the
Bond shall be deposited in the Bond Fund.
Section 16. Approval of Bond Purchase Contract. Seattle-First
National Bank of Seattle, Washington, has presented a purchase
contract dated (the "Purchase Contract"),
to the city offering to purchase the Bond under the terms and
conditions provided in the Purchase Contract, which written
Purchase Contract is on 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 Bond will be printed or typewritten 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, regarding
the 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 Bond, 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 Bond to the
purchaser and for the proper application and use of the proceeds of
the sale thereof.
Section 17. The City is in urgent need of financing the
construction of the mitigation project immediately and the proceeds
of the Bond are urgently needed to provide that financing before
thirty days after the publication of the ordinance.
PASSED unanimously by the City Co~ci~ of, the City of
Bremerton, Washington this ~ ,~ day of ~~n~/~ ~ , 1992.
!
ATTEST: LYNN HORTON, Council President
AP ber, 1992
'{<ATH'L'~Mc~3§~'E~ ~le~ '
APPROVED AS TO FORM: LOUIS MENTOR, Mayor
IAN SIEVERS, city Attorney
I, KATHLEEN L. McCLUSKEY, city Clerk of the City of Bremertgn,
Washington, certify that the attached copy of Ordinance No. ~
is a true and cgrr~ct co~y of the original ordinance passed on the
~ day of ~~~r~ , 1992, as such ordinance appears on
~he Minute Book 6f the Cit~.
EY, City Clerk
SEP--22--'B2 TUE I i : 25 SEAF I RST CAP I TAL MRKTS P . 04
Jane Towery
Vi¢~ President
Public Sector
September 22, 1992
The City of Bremerton
239 4th Street
Bremerton, Washington 98310
Ladies and Gentlemen:
Seattle-First National Bank ("Seafirst") is pleased topresent an offer to purchase from the, City of
Bremerton, Washington (the "City") not to exceed $500,000 of its principal amount of Limited Tax
General Obligation Bond, 1992 (the "Bond"), which Bond will mature not later, thant six years from
the date of the Bond (the "Maturity Date"). The rate on !hese Bond will bear interest at a variable
rate per annum equal to 75% of the rate announced from tzn~e to time by Seafirst as its "prime rate,"
Principal and interest of the Bond shall be due on or before the MaturltyDate. -
We will pay you $100:00 for e, ach $100.00 par value of the Bond in irn, mediate!y, available funds
(Fed Funds) on the desired closing date. Our offer is subject to the following condmons:
i. Final credit approval by Seafirst Credit Administration.
2. The City has the full legal right, power and authority to enter into and perform its oblieations
under this purchase contract and under the resolution authorizing the issuance of the B~>nd, to
pass the resolution and to sell and deliver the Bond to Seafirst.
3. The approving legal opinion of Foster Pepper & Shefelman for the issue will be .d.e!ivered at
the closing .o.f the Bond. Such unqualified approving opinion will attest to the vahd'ay of the
Bond and will state that the interest on the Bond is exempt from federal income tax.
4. The Bond will be delivered to Seafirst in Seattle, Washington, on the desired closing date.
5. The City will be responsible for all of the issuance expenses, including, but not limited to:
bond counsel and note printing.
6. Interest on outstanding principal of the Bond will be paid upon maturity or early redemption.
7. The Bond will .be issued in fully registered form as to both prlnclpal and interest. The City
shall act as Registrar, Paying Agent and Transfer Agent for the Bond.
8. The principal of the Bond shall be subject to optional prepayment Brior to maturity, as a whole
or in part, upon not less than fifteen days' prior written notice trom the City, plus accrued
interest to the date of prepayment.
9. Interest shall accrue on the basis of a 360-day year for the actual number of days outstanding..
10. This offer was submitted for acceptance by the City on ....... ,1992, at a meeting the
City held.
Seafirst Bank 800 Fifth Avenue, Floor 34/Post Office Box 34662/Seattle, Washington 98124-1662
Tolel3hone (206) 35a.8991 Telelax (206) 358-8818
SEP--22--92 TUE I I ~ 26 SEAF I RS T CAP I TAL MRK TS P . 85
,~.
City of Bremerton
September 22, 1992
Page 2
11. Details of this offer may be altered by mutual consent of Seafirst and the City to accommodate
the needs of' the City.
Respectfully submitted,
Jane Towery
Accepted this ~' ~. l~ 1992:
By:The City,~o emerton,~,~gt o~,W. gton ./~ ~-~- Mayor