HomeMy WebLinkAbout4171 CITY OF BREMERTON, WASHINGTON ORDINANCE NO. ~//~/
AN ORDINANCE authorizing the execution of an
executory conditional sales contract for the purchase
of emergency medical vehicles to be used for City
purposes.
WHEREAS, the City of Bremerton, Washington (the "City"), is
in need of two emergency medical vehicles to be used for City
purposes (collectively, the "Vehicles"); and
WHEREAS, the City is authorized by RCW 39.30.010 to enter
into executory conditional sales contracts for the purchase of
any real or personal property, or property rights, for City
purposes; and
WHEREAS, the City desires to minimize the budget impact of
purchasing the Vehicles by accomplishing the purchase thereof on
an installment basis as provided in an executory conditional
sales contract substantially in the form attached as Exhibit A
and incorporated herein by this reference (the "Form of
Contract"); and
WHEREAS, Seattle-First National Bank (the "Bank") has
offered to purchase from C. L. Kirk Co., Inc. (the "Vendor") the
executory conditional sales contract entered into by the City
for the purchase of the Vehicles (the "Contract"); NOW,
THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
BREMERTON, WASHINGTON, AS FOLLOWS:
Section 1. Approval of the Contract. The City Council
deems it to be in the best interests of the City to purchase the
Vehicles on substantially the terms and conditions set forth in
the Form of Contract. The City Council also accepts the offer
by the Bank attached as Exhibit B and incorporated herein by
this reference (the "Offer") to purchase from the Vendor the
Contract entered into by the City for the purchase of the
Vehicles.
Section 2. Execution of Documents. The City Treasurer of
the City is authorized and directed to execute and deliver the
Contract, up to an aggregate purchase price amount of $190,000,
at an interest rate not to exceed 10% per annum, and under t~e
terms set forth in the Offer and substantially in the form
attached as Exhibit A together with such modifications as are
consistent with the purposes of this ordinance. The City
Treasurer and other officers and employees of the City are
authorized to execute and deliver all documents necessary in
connection with the assignment to the Bank from the Vendor of
its interest in and to the Contract, and to execute such other
documents and take such other actions as are reasonable and
necessary to carry out the purposes of this ordinance.
Section 3. Payment under the Contract. The full faith,
credit and resources of the City are pledged irrevocably for the
payment of principal of and interest on the Contract executed
and delivered pursuant to this ordinance. The City pledges to
budget and appropriate from annual taxes and other revenues
available to the City without a vote of the electors of the City
amounts sufficient, together with other money legally available
therefor, to pay from the General Fund the principal of and
interest on the Contract as the same shall come due.
Section 4. Appointment and Duties of Registrar. The City
Treasurer of the City is appointed Registrar for the Contract,
and shall fulfill the duties of Registrar in accordance with
Chapter 39.46 RCW and Ordinance No. 3862. The Contract may not
be assigned or transferred except on the books of the Registrar.
Section 5. Preservation of Tax Exemption for Interest on
the Contract. The City covenants that it will take all actions
necessary to prevent interest paid under the Contract from being
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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 Contract or other funds of the City treated as
proceeds of the Contract at any time during the term of the
Contract that will cause interest on the Contract to be included
in gross income for federal income tax purposes. The City
certifies that it has not been notified of any listing or pro-
posed listing by the Internal Revenue Service to the effect that
it is an issuer of obligations whose arbitrage certifications
may not be relied upon.
Section 6. Desiqnatj~q__q~_the Contract as a "Qualified
Tax-Exempt Obligation." 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 Contract is
not a "private activity bond" within the meaning of Section 141
of the United States Internal Revenue Code of 1986, as it may be
amended (the "Code"); (c) at least 95 percent of the net pro-
ceeds of the Contract will be used for local governmental
activities of the City (or of a governmental unit the juris-
diction of which is entirely within the jurisdiction of the
City); (d) the aggregate face amount of all tax-exempt obliga-
tions (other than private activity bonds) 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 Contract is executed is not reasonably expected to
exceed $5,000,000; and (e) the amount of tax-exempt obligations,
including the Contract, 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 Contract is
executed does not exceed $10,000,000. The City therefore
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certifies that the Contract is eligible for the arbitrage rebate
exemption under Section 148(f)(4)(C) of the Code and designates
the Contract as a "qualified tax-exempt obligation" for the
purposes of Section 265(b)(3) of the Code.
Section 7. Ratification. All actions heretofore taken by
the City consistent with the provisions of this ordinance are
ratified and confirmed.
APPROVED by the City Council on the first reading this
day of L~¢ ~ .k~ 1988
PASSED by the City Council on the ~\ day of
1988.
ATTEST:
Kathleen h. McCluskey,
City Clerk
1905b