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HomeMy WebLinkAbout4395 CITY OF BREMERTON, WASHINGTON AN ORDINANCE of the City of Bremerton, Washington, relating to the Waterworks Utility of the City; amending Ordinance No. 4393 providing for the issuance of the Water and Sewer Refunding Revenue Bonds, 1992, Series A, and Water and Sewer Improvement Revenue Bonds 1992, Series B, by adding a new section relating to the bond insurance and reserve insurance; for purposes of amending and declaring an emergency. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, AS FOLLOWS: Section 1. Amendment to Ordinance No. 4393. Ordinance No. 4393, passed October 28, 1992, is amended by adding a new section to read as follows: Section 30. Additional Provisions for Bond Insurer and Reserve Insurer. To satisfy additional conditions required by the Bond Insurer and Reserve Insurer, the City covenants and agrees as follows: As security for the City's repayment obligations with respect to the Reserve Account Instrument, the Reserve Insurer shall be granted a security interest (subordinate only to that of the Bondowners) in all revenues and collateral pledged as security for the Bonds. The Bond Registrar shall ascertain the necessity for a claim upon the Reserve Account Instrument and provide notice to the Reserve Insurer in accordance with the terms of the Reserve Account Instrument at least two business days prior to each interest payment date. The Reserve Insurer shall be provided with written notice at the address in Section 26 of Ordinance No. 4393 of each of the following: (a) the resignation or removal of the Bond Registrar and the appointment of a successor thereto; (b) the issuance of additional indebtedness of the City, whether or not it is on a parity with the Bonds, such notice, together with a copy of the official statement or other disclosure document prepared in connection therewith, to be given within 30 days after the sale of such bonds; and (c) Any draw upon or deficiency due to market fluctuation in the amount, if any, on deposit in the Reserve Account. If an irrevocable letter of credit to the Bond Registrar is obtained as a Reserve Account Instrument, the Bond Registrar shall draw upon that letter of credit prior to its expiration or termination unless an acceptable replacement is in place or the Reserve Account is fully funded in its required amount. The Net Revenue of the System available for debt service shall be at least one times the City's obligations with respect to repayment of Reserve Instrument and Bond Policy Costs then due and owing before satisfying the Coverage Requirement of Sections 17 and 20. No policy of municipal bond insurance other than a policy issued by the Bond Insurer shall be provided as security for the payment of principal of and interest on the Bonds. The Reserve Account Instrument shall expire on the final maturity date of the Bonds. The following shall be delivered to the Bond Insurer simultaneously with the delivery of the annual audited financial statements: (i) The number of System users as of the end of the fiscal year; (ii) Any significant plant retirements or expansions planned or undertaken since the last reporting date; (iii) A statement of the amount on deposit in the Reserve Account as of the last valuation, and, if not presented in the audited financial statements, a statement of the Net Revenue pledged to the payment of the Bonds in that fiscal year; and (iv) Such additional information as the Bond Insurer may reasonably request from time to time. Section 2. Declaration of Emergency. For the reason that it is necessary that the City conform the provisions of Ordinance No. 0058630.01 4393 prior to the date of delivery of the Series A Bonds to the purchaser thereof, an emergency is declared to exist, and it is found necessary for the public health, welfare and safety that this ordinance become effective immediately upon its passage, approval and publication as required by law. PASSED UNANIMOUSLY by the City Council of the City of Bremerton, Washington, this 9th day of November, 1992. HORTON, Council President APPROVED this ~av of KA~HLEEN McCLUS~Y, Clerk LOUIS MENTOR, Maydr~ APPROVED AS TO FORM: ~,~,.D~ ~'~ ~[~ .. ' 0058630.01