HomeMy WebLinkAbout3861 CITY OF BREMERTON, WASHINGTON
ORDINANCE NO. ~%
AN ORDINANCE of the City of Bremerton,
Washington, relating to the combined water and sewer-
age system of the City; specifying and adopting a
system or plan of additions and betterments to and
extensions of the combined water and sewerage system
of the City; declaring the estimated cost thereof;
authorizing the issuance of $14,500,000 par value of
"Water and Sewer Revenue Bonds, 1983," for the pur-
pose of providing a part of the funds with which to
pay the cost of carrying out such system or plan, to
capitalize a portion of the required reserve in the
bond redemption fund for those bonds, to refund the
outstanding "Water and Sewer Revenue Bond, 1977," of
the City, and to pay the cost of issuing and adminis-
tering the 1983 bonds; fixing the date, form, inter-
est rates, terms and covenants of such 1983 bonds;
confirming the sale and providing for the deliv- ery
of such bonds to Foster & Marshall/American Express
Inc of Seattle, Washington; ratifying all actions
taken by or on behalf of the City consistent with
this ordinance; and, because of its urgency,
providing that this ordinance shall take effect
immediately.
WHEREAS, the existing combined water and sewerage system of
the City of Bremerton, Washington (the "City"), is in need of
certain additions, improvements and extensions in order to
supply the City properly, its inhabitants and people living in
the vicinity thereof, with proper and necessary sanitary sewage
collection and disposal services; and
WHEREAS, the City has presently outstanding Water and Sewer
Revenue Bonds, 1955, issued under date of October 1, 1955, and
Water and Sewer Revenue Bonds, 1965, issued under date of
December 1, 1965, which have an equal lien and charge on the
gross revenue of the combined water and sewera§e system of the
City; and
WHEREAS, the City has presently outstanding Water and Sewer
Revenue Bonds, 1971, issued under date of December 1o 1971, and
Water and Sewer Revenue Bonds, 1973, issued under date of
December 1, 1973, which have an equal lien and charge on the
gross revenue of the combined water and sewerage system of the
City and which are junior and subordinate to the claim or lien
on such revenue of the 1955 and 1965 water and sewer revenue
bonds referred to above; and
WHEREAS, the City issued pursuant to Ordinance No. 3398,
passed on December 7, 1977, its Water and Sewer Revenue Bond,
1977, under date of December 1, 1977, which bond constituted a
subordinate lien and charge on the gross revenues of the System
to the Water and Sewer Revenue Bonds, 1955, Water and Sewer
Revenue Bonds, 1965, Water and Sewer Revenue Bonds, 1971, and
Water and Sewer Revenue Bonds, 1973; and
WHEREAS, the City Council has determined that it is neces-
sary to specify and adopt a system or plan for additions and
betterments to and extensions of the combined water and sewerage
system of the City and to issue and sell $14,500,000 par value
of water and sewer revenue bonds to provide a part of the funds
necessary to carry out that system or plan, to capitalize a por-
tion of the required reserve to secure the payment of such
bonds, to refund, both principal and interest, the outstanding
Water and Sewer Revenue Bond, 1977, of the City and to pay the
cost of issuing and administering such 1983 bonds; and
WHEREAS, Foster & Marshall/American Express Inc of Seattle,
Washington, has made an offer to purchase $14,500,000 par value
of water and sewer revenue bonds on the terms and conditions
hereinafter set forth; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
BREMERTON, WASHINGTON, as follows:
Section 1. As used in this ordinance the following words
shall have the following meanings:
(a) "Bond" or "Bonds" shall mean any or all of the
$14,500,000 of "Water and Sewer Revenue Bonds, 1983," of the
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City issued pursuant to and for the purposes provided in this
ordinance.
(b) "Bond Fund" shall mean the Bremerton Water and Sewer
Revenue Fund, 1971, created by Ordinance No. 2982 for the pur-
pose of paying and securing the payment of the principal of and
interest on the Outstanding Parity Bonds, the Bonds and any
Future Parity Bonds.
(c) "1971 Bonds" shall mean the outstanding Water and
Sewer Revenue Bonds, 1971, issued under date of December 1,
1971, pursuant to Ordinance No. 2982.
(d) "1973 Bonds" shall mean the outstanding Water and
Sewer Revenue Bonds, 1973, issued under date of December 1,
1973, pursuant to Ordinance No. 3092.
(e) 'Current Water Fund' shall mean the fund of the City
of that name heretofore created.
(f) "Future Parity Bonds" shall mean any revenue bonds of
the City hereafter issued under an ordinance wherein the City
pledges that the payments to be made out of the gross revenue of
the System or the Current Water Fund of the City into the Bond
Fund and Reserve Account therein to pay and secure the payment
of the principal of and interest on such revenue bonds will be
on a parity with the payments required by Ordinances Nos. 2892
and 3092 of the City and this ordinance to be made out of such
gross revenue or Current Water Fund into the Bond Fund and
Reserve Account to pay and secure the payment of the principal
of and interest on the Outstanding Parity Bonds and the Bonds.
(g) "Outstanding Parity Bonds" shall mean the outstanding
1971 Bonds and 1973 Bonds of the City.
(h) "Prior Lien Bonds" shall mean the outstanding Water
and Sewer Revenue Bonds, 1955, and Water and Sewer Revenue
Bonds, 1965, of the City.
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(i) "Reserve Account" shall mean the account of that name
created in the Bond Fund.
(j) "System" shall mean the existing combined water and
sewerage system of the City as the same will be added to,
improved and extended as authorized and provided in this ordi-
nance and as the same may be added to, improved and extended for
as long as any of the Outstanding Parity Bonds, the Bonds and
any Future Parity Bonds are outstanding.
Section 2. It is found and declared that the public health
and welfare require and it is in the best interest of the inhab-
itants of the City that certain sewerage system improvements be
undertaken within the City, and the City, therefore, specifies
and adopts a system or plan for the acquisition and construction
of additions and betterments to and extensions of the System to
consist of the acquisition, construction and installation of the
improvements described in Exhibit A, attached hereto and by this
reference made a part hereof.
There shall be included in the foregoing all necessary
tees, wyes, valves, pumps, couplings, connections, machinery,
equipment and appurtenances, together with all work as may be
incidental to and necessary to the foregoing acquisition, con-
struction and installation.
The City shall acquire all property, both real and per-
sonal, or any interest therein, equipment, rights-of-way,
easements and franchises necessary to carry out such plans,
which are all as more particularly set forth in reports, maps,
plans and specifications prepared by the City Engineer and
CH2M/Hill, consulting engineers to the City.
The City may add or make such changes in the details of
such plans, either prior to or during the course of actual
construction, which may be found necessary and desirable as long
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as such changes do not substantially affect or change the main
general parts of such plans or the services to be rendered
thereby.
Section 3. The life of the additions, betterments and
extensions set forth in Section 2 of this ordinance is declared
to be more than sixteen years.
Section 4. The estimated cost of the acquisition, con-
struction and installation of the above-described additions and
betterments to and extensions of the System, including the costs
of financing, issuance, sale and administration of the Bonds, is
declared to be, as near as may be, the sum of $33,229,000, which
shall be paid from part of the proceeds received from the issu-
ance and sale of the Bonds, from State grants in the approximate
amount of $14,018,000, from payments received from the U.S. Navy
pursuant to a contract to be entered into between the City and
the U.S. Navy, and from any other funds of the City legally
available to be used therefor.
Section 5. The City Council finds and determines as
required by Section 11 of Ordinance No. 2982 as follows:
(1) The Bonds are being issued for the purpose
of providing part of the funds needed to acquire,
construct and install certain additions, betterments
and improvements to and extensions of, acquiring
necessary equipment for, and making necessary capital
improvements to the System.
(2) At the time of the adoption of this ordi-
nance and at the time of the issuance and delivery of
the Bonds there is not nor will there be any defi-
ciencies in the Bond Fund or the Reserve Account.
(3) The City has provided and made the cove-
nants in this ordinance that are required to be made
by subsections (a)(2), (a)(3) and (a)(4) of Section
11 of Ordinance No. 2982.
(4) At the time of the issuance of the Bonds
the City will have on file in the office of the City
Clerk a certificate executed by an independent pro-
fessional engineer licensed to practice in the State
of Washington and experienced in the installation and
operation of municipal utilities showing that the
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net revenue of the System (as such net revenue is
defined in Section 11 of Ordinance No. 2982) for a
period of 12 months out of the 18 months immediately
preceding the month of delivery of the Bonds, plus
his estimate of the annual net revenue (as such
annual net revenue is defined in such Section 11 to
be derived by the City from the operation of the
additions and improvements to and extensions of the
System to be acquired, constructed and installed out
of the proceeds of the sale of the Bonds, will equal
at least 1.40 times the maximum amount required in
any calendar year thereafter for the payment of the
principal of and interest on the Prior Lien Bonds,
the Outstanding Parity Bonds and the Bonds,
outstanding.
The conditions contained in Section 11 of Ordinance No.
2982 having been complied with or assured, the payments regulred
herein to be made out of the gross revenue of the System and/or
money in the Current Water Fund to pay and secure the payment of
the principal of and interest on the Bonds shall constitute a
lien and charge upon such gross revenue and money equal in rank
with the lien and charge thereon for the payments required to be
made into the Bond Fund to pay and secure the payment of the
principal of and interest on the Outstanding Parity Bonds.
The City further covenants and agrees that the Bonds will
not be issued and delivered to the purchaser thereof as bonds on
a parity with the Outstanding Parity Bonds until the above-
described engineer's certificate has been filed with the City
Clerk.
Section 6. For the purposes of obtaining a part of the
funds with which to pay the cost of carrying out the system or
plan of additions and betterments to and extensions of the
System as adopted by Section 2, to capitalize a reserve to
secure the payment of the Bonds, to refund, both principal and
interest, the outstanding Water and Sewer Revenue Bond, 1977, of
the City and to pay the cost of issuing and administering the
Bonds. there shall be issued and sold the Bonds in the principal
amount of $14,500,000, and, if there remain any bond proceeds
unspent after completion of the above purposes, the City
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reserves the right to pay all or part of carrying out any
additional system or plan of additions and betterments to and
extension of the System adopted by future ordinance of the
City. The Bonds shall be serial in form; shall be dated
September 1, 1983; shall be in denominations of $5,000 each or
any integral multiple thereof within a single maturity; shall be
numbered separately and in the manner and with any additional
designation as the Bond Registrar (collectively, the fiscal
agencies of the State of Washington located in Seattle,
Washington, or New York, New York) deems necessary for the
purpose of identification; and shall bear interest payable on
March 1, 1984, and semiannually thereafter on each succeeding
September 1 and March 1o and mature on September 1 of each year
in accordance with the following schedule:
Interest Maturity
Amounts Rates Years
$360,000 18.00% 1985
395,000 7.50 1986
425,000 8.00 1987
495,000 8.50 1988
670,000 9.00 1989
760,000 9.20 1990
840,000 9.40 1991
930,000 9.60 1992
1,020,000 9.75 1993
1,1.15,000 9.90 1994
1,230,000 10.00 1995
1,350,000 10.20 1996
1,485,000 10.35 1997
1,630,000 10.50 1998
1,795,000 10.50 1999
Upon surrender thereof to the Bond Registrar, Bonds are
interchangeable 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.
Such exchange or transfer shall be without cost to the owner or
transferee.
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The Bonds shall be issued only in registered form as to
both principal and interest on books or records maintained by
the Bond Registrar (the "Bond Register"). Such Bond Register
shall contain the name and mailing address of the owner of each
Bond or nominee of such owner and the principal amount and
number of Bonds held by each owner or nominee.
Both principal of and interest on the Bonds shall be pay-
able in lawful money of the United States of America. Interest
on the Bonds shall be paid by check or draft mailed to the
registered owners or nominees at the addresses appearing on the
Bond Register on the 15th day of the calendar month immediately
preceding the interest payment date. Principal of the Bonds
shall be payable upon presentation and surrender of the Bonds by
the registered owners at the principal offices of either of the
fiscal agencies of the State of Washington in Seattle,
Washington, and New York, New York, at the option of such owners.
The City reserves the right to redeem the Bonds prior to
their stated maturities 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, 1994, and 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 amounts of $5,000 or any integral multi-
ple of $5,000, may be redeemed. If less than all of the princi-
pal amount of any Bond is redeemed, upon surrender of such Bond
at the principal office 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 like
maturity and interest rate in the total principal amount of the
uncalled portion of such Bond in any of the denominations
authorized by this ordinance.
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Notice of any such intended redemption shall 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 regis-
tered owner of any Bond to be redeemed at the address appearing
on the Bond Register. The requirements of this section shall be
deemed to be complied with when notice is mailed as herein pro-
vided whether or not it is actually received by the holder or
owner of any Bonds. The interest on the Bonds so called for
redemption shall cease on the date fixed for redemption unless
such Bond or Bonds so called are not redeemed upon presentation
made pursuant to such call. In addition, such redemption notice
shall be mailed within the same period, postage prepaid, to
Moody's Investor's Service, Inc., and Standard & Poor's
Corporation at their offices in New York, New York, or their
successors, but such mailing to those New York firms shall not
be a condition precedent to the redemption of such Bonds.
The City further reserves the right to purchase any of the
Bonds on the open market at any time at a price not in excess of
par plus accrued interest to date of purchase.
Section 7. The Bonds shall be printed, lithographed or
typed on good bond paper in a form consistent with the provi-
sions of this ordinance, shall be signed by the Mayor and
attested by the City Clerk, either or both of whose signatures
shall be in facsimile, and shall have a facsimile of the seal of
the City Council printed thereon.
Only such Bonds as shall bear thereon a Certificate of
Authentication in the following form, manually executed 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 one of the fully registered bonds
described in the within mentioned ordinance and is
one of the City of Bremerton, Washington, Water and
Sewer Revenue Bonds, 1983.
[Name of Bond Registrar]
By
Authorized Officer
Such Certificate of Authentication shall be conclusive evidence
that the Bonds so authenticated have been duly executed, authen-
ticated and delivered hereunder and are entitled to the benefits
of this ordinance.
In case either of the officers who shall have executed the
Bonds shall cease to be such officer or officers of the City
before the Bonds so signed shall have been authenticated or
delivered by the Bond Registrar, or issued by the City, such
Bonds may nevertheless be authenticated, delivered and issued
and upon such authentication, delivery and issue, shall be as
binding upon the City as though those who signed the same had
continued to be such officers of the City. Any Bond may also be
signed and attested on behalf of the City by such persons as at
the actual date of execution of such Bond shall be proper offi-
cers of the City although at the original date of such Bond any
such person shall not have been such officer of the City.
Section 8. 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 at
all times be open to inspection by the City. The Bond Registrar
is authorized, on behalf of the City, to authenticate and
deliver Bonds transferred or exchanged in accordance with the
provisions of such Bonds and this ordinance and to carry out all
of the Bond Registrar's powers and duties under this ordinance.
The Bond Registrar shall be responsible for its representa-
tions contained in the Reglstrar'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
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Registrar, and to the extent permitted by law, may act as depos-
itory for and permit any of its officers or directors to act as
a member of, or in any other capacity with respect to, any
committee formed to protect the rights of Bond owners.
Section 9. The Bonds shall be negotiable instruments to
the extent provided by RCW 62A.8-102 and 62A.8-105.
Section 10. There has heretofore been created a special
fund of the City known as the "Bremerton Water and Sewer Revenue
Bond Fund, 1971" (hereinbefore defined as the "Bond Fund"),
which fund is to be drawn upon for the sole purpose of paying
the principal of and interest on the Bonds and the principal of
and interest on any Outstanding Parity Bonds and Future Parity
Bonds as the same shall become due.
In addition to the amounts required to be set aside and
paid for the Outstanding Parity Bonds, the City obligates and
binds itself to set aside and pay into the Bond Fund out of the
Current Water Fund, the following fixed amounts necessary to pay
the principal of and interest on the Bonds as the same respec-
tively become due and payable. Such amounts shall be paid into
the Bond Fund on or before the 20th day of each month in the
amounts hereinafter specified:
(a) Beginning with the month of September,
1983, and continuing as long as any of the Bonds are
outstanding and unpaid, an amount equal to at least
one-sixth of the interest to become due and payable
on the next interest payment date on all of the Bonds
then outstanding; and
(b) Beginning with the month of September,
1984, and continuing as long as any of the Bonds are
outstanding and unpaid, an amount equal to at least
one-twelfth of the principal of the Bonds to become
due and payable on the next principal payment date.
The amounts so pledged to be paid into the Bond Fund and
the amounts hereinafter pledged to be paid into the Reserve
Account out of the Current Water Fund are declared to be a prior
lien and charge upon the gross revenues of the System and the
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money in the Current Water Fund superior to all other charges of
any kind or nature (including any transfer of money to other
funds of the City and taxes or payments in lieu of taxes payable
to the City) except the normal expenses of maintenance and
operation of the System (which expenses may include pro rata
budget charges for City departments where such charges represent
a reasonable distribution and share of actual cost) and the lien
and charge thereon of the amounts required to pay and secure the
payment of the Prior Lien Bonds and equal in rank to any charges
which may be made thereon to pay and secure the payment of the
principal of and interest on any Outstanding Parity Bonds and
Future Parity Bonds outstanding.
Section 11. The Reserve Account has heretofore been
created in the Bond Fund and required reserves have been
prescribed for the 1971 Bonds and the 1973 Bonds. It is the
intention of the City that the $120,000 required to be paid into
the Reserve Account on December 1, 1990, by Ordinance No. 2982
for the 1971 Bonds will be paid from the money remaining in the
bond redemption fund for the Prior Lien Bonds when the Prior
Lien Bonds are fully paid and redeemed. Upon the delivery of
the Bonds to the purchaser thereof and payment therefor, the
City will deposit $1,000,000 of the proceeds of the Bonds and
will deposit $ ~. ~q~ from the Current Water Fund into
the Reserve Account on or before September 1, 1984, which will
equal the maximum annual debt service on all currently outstand-
ing bonds payable from the Bond Fund and the Bonds.
The City further covenants and agrees that in the event it
issues any Future Parity Bonds, it will provide in each ordi-
nance authorizing the issuance of the same that approximately
equal monthly payments will be made into the Reserve Account out
of the Current Water Fund or out of any other money it may now
or later have on hand and available for such purpose so that
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within five years or less from the date of the issuance of such
Future Parity Bonds the total amount of such payments, with the
money already in the Reserve Account, will be at least equal to
the maximum amount required in any calendar year for the payment
of the principal of and interest on the Outstanding Parity
Bonds, the Bonds outstanding and all outstanding Future Parity
Bonds.
The City further covenants and agrees that when such
required amounts have been deposited in the Reserve Account it
will at all times maintain those amounts therein until there is
a sufficient amount in the Bond Fund and Reserve Account to pay
the principal of, premium if any, and interest on all outstand-
ing bonds payable out of the Bond fund, at which time the money
in the Reserve Account may be used to pay such principal,
premium if any, and interest, except that money in the Reserve
Account may be withdrawn to pay the principal, premium if any,
and interest on all of the outstanding bonds of any single issue
or series payable out of the Bond Fund so long as the money
remaining on deposit in the Reserve Account is at least equal to
the amounts required in the preceding paragraph as to all of the
remaining outstanding bonds payable out of the Bond Fund.
In the event there shall be a deficiency in the Bond Fund
to meet maturing installments of either interest on or principal
of and interest on the Outstanding Parity Bonds, the Bonds and
any Future Parity Bonds, such deficiency shall be made up from
the Reserve Account by the withdrawal of cash therefrom. Any
deficiency created in the Reserve Account by reason of any such
withdrawal shall then be made up from the money in the Current
Water Fund first available therefor.
All money in the Reserve Account may be kept in cash or
invested in direct obligations of the United States having a
guaranteed redemption price prior to maturity or maturing not
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later than twelve years from date of purchase, and in no event
maturing later than the last maturity of the Outstanding Parity
Bonds, the Bonds or any Future Parity Bonds outstanding at the
time of such purchase. Interest earned on and any profits made
from the sale of any such investments shall be deposited in and
become a part of the Bond Fund.
Section 12. The corporate authorities of the City declare
that in fixing the amounts to be paid into the Bond Fund and the
Reserve Account as hereinbefore provided they have exercised due
regard to the normal expenses of maintenance and operation of
the System and the amounts required to pay and secure the
payment of the principal of and interest on the Prior Lien Bonds
and that they have not obligated the City to set aside and pay
into such Fund and Account a greater amount of the revenue of
the System than in their judgment will be available over and
above such normal expenses of maintenance and operation and
amounts required to pay and secure the payment of the principal
of and interest on the Prior Lien Bonds.
Section 13. The City covenants and agrees with the owner
and holder of each of the Bonds for as long as any of the same
remain outstanding as follows:
(a) It will establish, maintain and collect
rates and charges for water and for sanitary sewage
collection and disposal service for as long as any of
the Prior Lien Bonds, Outstanding Parity Bonds, the
Bonds and any Future Parity Bonds are outstanding
that will make available for the payment of the
principal of and interest on all of such bonds as the
same shall become due an amount equal to at least
1.40 times the maximum amount required in any calen-
dar year hereafter for the payment of all of such
principal and interest after normal expenses of
maintenance and operation (including pro rata budget
charges for City departments as provided in Section
10 above) have been paid, but before depreciation and
before any transfer of money to any funds of the City
other than the Bond Fund and taxes or payments in
lieu of taxes payable to the City.
(b) It will at all times keep and maintain the
System in good repair, working order and condition,
and will at all times operate the System and the
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business in connection therewith in an efficient
manner and at a reasonable cost.
(c) It will not sell or otherwise dispose of
all of the properties of the System unless provision
is made for payment into the Bond Fund of a sum
sufficient to redeem and retire all of the Outstand-
ing Parity Bonds, the Bonds and any Future Parity
Bonds outstanding in accordance with the terms
thereof, nor will it sell or otherwise dispose of any
portion or properties of the System (unless the same
are no longer used, useful or necessary in the
operation thereof and in the producing of revenue)
unless provision is made for payment into the Bond
Fund of an amount which shall be in at least the same
proportion to the amount of the Outstanding Parity
Bonds, the Bonds and any Future Parity Bonds out-
standing that the net revenue available for debt
service on all of such bonds for the twelve months
immediately preceding such sale or disposal from the
portion or properties of the System sold or disposed
of bears to the net revenue of the system available
for debt service on all of such bonds for the same
period. Any money so paid into the Bond Fund shall
be used to retire all or part of such bonds outstand-
ing at the earliest possible date.
(d) It will not furnish water or sanitary
sewage collection and disposal service to any
customer whatsoever free of charge.
(e) The City will keep and maintain proper
books and accounts with respect to the operations,
income and expenditures of the System that are in
accordance with proper and legal accounting proce-
dures. On or before ninety days after each fiscal
year of the City's operation of the System it will
prepare or cause to be prepared an operating state-
ment of the System for such preceding fiscal year.
Each such statement shall contain a statement in
detail of the gross revenue, normal and extraordinary
expenses of operation and maintenance, and repairs
and expenses for capital purposes of the System for
such fiscal year, shall contain a statement as of the
end of such year showing the status of all the funds
and accounts created by the various ordinances per-
taining to the operation of the System and authoriz-
ing the issuance of outstanding bonds payable from
the revenue of the System, and shall contain a state-
ment of the number of water and sanitary sewage
collection and disposal customers per class of
customer at the end of such year. Copies of such
statement shall be placed on file in the office of
the City Clerk and shall be open to inspection at any
reasonable time by any holder of the Bonds or of any
other outstanding bonds of the City payable out of
the revenue of the System. All expenses incurred in
the maintenance of such books and accounts and the
preparation of such statement may be regarded and
paid as an expense of operation of the System.
(f) All gross earnings and revenue of the
System shall be paid into the Current Water Fund as
the same are collected.
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Section 14. It will spend the principal proceeds of the
Bonds with due diligence to completion of the purposes specified
in this ordinance and will make no use of the proceeds of the
Bonds or other funds of the City at any time during the term of
the Bonds which, if such use had been reasonably expected at the
date that the Bonds are issued, would have caused the Bonds to
be arbitrage bonds within the meaning of Section 103(c) of the
United States Internal Revenue Code of 1954, as amended, and the
applicable regulations thereunder.
Section 15. The City further covenants and agrees with the
owner and holder of each of the Bonds for as long as any of the
same remain outstanding that it will not issue any Future Parity
Bonds except that the City reserves the right for
First, the purpose of acquiring, constructing
and installing additions, betterments and improve-
ments to and extensions of, acquiring necessary
equipment for, or making necessary replacements of or
repairs or capital improvements to the System, or
Second, the purpose of refunding by exchange or
purchasing and retiring at or prior to their maturity
any outstanding revenue bonds or revenue coupon
warrants of the City that may have a lien on the
money in the Current Water Fund for the payment of
the principal thereof and interest thereon junior and
inferior to the lien on the money in such Fund for
the payment of the principal of and interest on the
Bonds,
to issue additional and/or refunding bonds (hereinbefore defined
as "Future Parity Bonds") and to pledge that payments will be
made out of the Current Water Fund into the Bond Fund and
Reserve Account to pay and secure the payment of the principal
of and interest on such Future Parity Bonds on a parity with the
payments required in this ordinance to be made out of the
Current Water Fund into such Fund and Account to pay and secure
the payment of the principal of and interest on the Bonds, upon
compliance with the conditions set forth in Section 11 of
Ordinance No. 2982 and Section 11 of this Ordinance.
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Nothing herein contained shall prevent the City from issu-
ing revenue bonds or warrants the payment of the principal of
and interest on which is a charge upon the Current Water Fund
junior or inferior to the payments required to be made out of
such fund into the Bond Fund and Reserve Account.
In the event the City issues revenue bonds Junior or
inferior to the charge of the Bonds and Outstanding Parity Bonds
on the payments made out of the Current Water Fund to fund costs
of improvements to be reimbursed by payments due from the U. S.
Navy in accordance with the contract referred to in Section 4 of
this ordinance, the connection charge payments received from the
Navy as provided by that contract (received either as a lump sum
or monthly beginning January 1, 1988) may be pledged to the
payment of those bonds subject to the claim of Prior Lien Bonds,
Outstanding Parity Bonds, the Bonds and Future Parity Bonds, and
may be used exclusively to pay such junior revenue bonds if the
net revenue (as such net revenue is defined in Section 11 of
Ordinance No. 2982) is otherwise sufficient to satisfy the
requirements of Section 11 and of such Prior Lien Bonds,
Outstanding Parity Bonds, the Bonds and Future Parity Bonds.
Section 16. In the event the City shall issue advance
refunding bonds pursuant to the laws of the State of Washington,
or have money available from any other lawful source, to pay the
principal of and interest on the Bonds or such portion thereof
included in the refunding plan as the same become due and pay-
able and to refund all such then outstanding Bonds and to pay
the cost of refunding, and shall have irrevocably set aside for
and pledged to such payment and refunding, money and/or direct
obligations of the United States of America or other legal
investments sufficient in amount, together with known earned
income from the investment thereof, to make such payment and to
accomplish the refunding as scheduled, and shall irrevocably
- 17 -
make provision for redemption of such Bonds, then in that case
all right and interest of the registered owners of the Bonds to
be so retired or refunded in the covenants of this ordinance and
in the revenues, funds and accounts obligated to pay such Bonds,
except the right to receive the funds so set aside and pledged,
shall thereupon cease and become void, and the City may then
apply any money in any fund or account established for the pay-
ment or redemption of such Bonds to any lawful purpose as it
shall determine.
In the event that the refunding plan provides that the
refunding bonds be secured by cash and/or direct obligations of
the United States of America or other legal investments pending
the prior redemption of those Bonds being refunded and if such
refunding plan also provides that certain cash and/or direct
obligations of the United States of America or other legal
investments are irrevocably pledged for the prior redemption of
those Bonds included in the refunding plan, then only the debt
service on the Bonds and the refunding bonds payable from gross
revenue of the System shall be included in the computation of
coverage for determining compliance with the rate covenants.
Section 17. Foster & Marshall/American Express Inc of
Seattle, Washington, has offered to purchase the Bonds at a
price of $97.80 per each $100 par value thereof, plus accrued
interest to date of delivery of the Bonds, the City to furnish
at its expense the printed Bonds and the approving legal opinion
of Roberts & Shefelman, municipal bond counsel of Seattle,
Washington. Bond counsel shall not be required to review or
express any opinion concerning the completeness or accuracy of
any official statement, offering circular or other sales mate-
rial issued or used in connection with the Bonds, and bond
counsel's opinion shall so state. The City Council, being of
the opinion that no better price could be secured for the Bonds
- 18 -
and that it is in the best interests of the City to accept such
offer, accepts the same. The City officials are authorized and
directed to deliver the Bonds, immediately upon their execution,
to the purchaser upon payment therefor in accordance with the
offer of the purchaser. Delivery shall be at a location agreed
upon by the City and the purchaser at the City's cost.
$1,000,000 of the principal proceeds received from the sale of
the Bonds shall be deposited in the Reserve Account. A portion
of the principal proceeds received from the sale of the Bonds
shall be deposited in the Principal and Interest Account of the
"Bremerton 1977 Water and Sewer Revenue Bond Redemption Fund"
which together with money already on deposit in that fund shall
be sufficient and will be used to refund, both principal and
interest, the "Water and Sewer Revenue Bond, 1977," at the
earliest possible date. The City covenants to call for
refunding the "Water and Sewer Revenue Bond, 1977,"
immediately. The remaining portion of the prlncl- pal proceeds
received from the sale of the Bonds shall be deposited in the
"Sewer Facility Construction Fund", heretofore created by
Ordinance No. 3839 of the City and used solely for the purpose
for which the same were authorized, received or set aside. The
accrued interest received shall be deposited in the Bond Fund.
Section 18. All actions taken by the City, and its
officers, employees and representatives on behalf of the City,
consistent with the provisions of this ordinance are ratified,
approved and confirmed.
Section 19. The City has awarded a substantial contract
for the construction of a portion of the improvements described
in Section 2 of this ordinance and, in order to have money
available to pay that contractor and to pay immediate costs
related to such improvements, it is urgently needed that the
proceeds of the Bonds be received before thirty days after the
- 19 -
publication of this 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 at a regular open public meeting
thereof and APPROVED by the Mayor of the City of Bremerton,
Washington, this lO day of August. 1983.
Mayor
ATTEST:
CYty Clerk ~
APPROVED AS TO FORM:
City Attorney
0452b
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EXHIBIT A
BREMERTON SEWERAGE IMPROVEMENTS
PROJECT DESCRIPTION
The project consists of improvements to the city's waste-
water treatment and transmission system, and storm water
system. Among the major types of improvements to be con-
structed are the following:
TREATMENT PLANT
A new secondary treatment plant will be constructed on the
site of the existing Charleston treatment plant, which will
be abandoned. Additional land has been purchased to the
north and west of the existing site to accommodate the new
construction. The new plant is designed for 10.1 mgd average
flow and 29.5 mgd peak flow. The city's Manette treatment
plant will also be abandoned upon completion of the improve-
ments.
Also included is the installation of a pump station and over-
flow telemetry system to monitor the status of various system
components at the treatment plant main control panel, and the
purchase of sludge transport and application equipment includ-
ing a highway tractor, 6000 gallon sludge hauling trailer, and
a portable diesel-engine driven sludge pump.
PUMP STATIONS
Pump station improvements include construction of new pump
stations 3, 4, 7 and 8 to replace existing pump stations, and
modifications to existing pump stations 9, 13, 31, 32 and D.
PIPELINES
Wastewater transmission system improvements include approxi-
mately 9 miles of new pipeline construction, including the
following projects:
Crosstown Pipeline
Included is 19,300 feet of 24-inch through 36-inch diameter
pipe. The pipeline route is as follows:
From To
Park Avenue at Pump Station $ 15th Street
Park Avenue and 15th Broadway
15th and Broadway 13th Street
13th and Broadway Naval Avenue
13th and Naval 10th Street
10th and Naval Rainier Avenue
10th and Rainier 9th Street
9th and Rainier Montgomery Avenue
9th and Montgomery Rodgers Street
Montgomery and Rodgers Cambrian Avenue
Rodgers and Cambrian State Route 304
Cambrian and State Route 304 State Route 3
State Route 304 and State Route 3 New Charleston
Treatment Plant
Headworks
Naval Avenue Force Main
included is 2300 feet of 12-inch diameter pipe. The pipe-
line will be constructed from the new pump station 3
EXHIBIT A
located approximately at 19th Street and Bloomington
Avenue, to 19th Street and Naval Avenue, to 13th Street
and Naval Avenue.
onstructed from existing pump
station 14 to existing pump station 13 (being modified
as part of these improvements).
STORMWATER SYSTEM
Included are storm sewer separation projects located through-
out the system consisting of construction of new sanitary
sewers, storm sewers, and reconnection of catch basins and
inlets along the following sewer lines:
From To
Ironside Ave. & Shore Dr. Shore Dr. & Vandalia Ave.
Vandalia & E. 9th St. E. 9th St. & Hayward Ave.
E. 9th St. & Hayward Ave. Hayward Ave. & E. llth St.
E. llth St. & Hayward Ave. Hayward Ave. & E. 13th St.
Hayward Ave. & E. 13th St. E. 13th St. & Ironside Ave.
Shore Dr. & (easement) (easement) & Pitt Ave.
(easement) & Pitt Ave. Pitt Ave. & Perry Ave.
Pitt Ave. & Perry Ave. Perry Ave. & E. 10th St.
E. llth St. & Pitt Ave. Pitt Ave. & E. 13th St.
Also connecting - Pitt Ave. Harkins St. & Wheaton Way
& Harkin St.
Vandalia Ave. Vandalia Ave. & E. llth St.
Vandalia Ave. & E. llth St. E. llth St. & Ironside Ave.
E. llth St. & Ironside Ave. Ironside Ave.
E. 13th St. & Vandalia Ave. Vandalia Ave.
Nipsie Ave. & E. 10th St. E. 10th St. & Ironside Ave.
(Pt. Orchard Bay) Marlow Ave.
E. 14th Ave. & Winfield Ave. Winfield Ave. & E. 15th St.
Winfield Ave. & E. 15th St. E. 15th St. & Perry Ave.
E. 15th St. & Perry Ave. Perry Ave. & Stone Way
Also connecting - Perry Ave. E. 16th St. & Hayward Ave.
& E. 16th St.
E. 16th St. & Hayward Ave. Hayward Ave.
Also connecting - Perry Ave. Terrace St. & Nipsie Ave.
& Terrace St.
Trenton Ave. & E. 17th St. E. 17th St. & Nipsie Ave.
Cascade Trail & Brashem Ave. Brashem Ave. & E. 23rd St.
E. 18th St. & Winfield Ave. Winfield Ave. & E. Highland
St.
Winfield Ave. & E. Highland St. E. Highland St. & Winfield Ave.
E. Highland St. & Winfield Ave. Winfield Ave. betw. Parker
Pl. & Brewster
E. 14th St. & Wheaton Way Wheaton Way & Marlow Ave.
Wheaton Way & Marlow Ave. Wheaton Way & E. 16th St.
Park Ave. & 12th St. 12th St. & McKenzie Ave.
2
From To
Gorst Ave. Gorst Ave. & Burwell St.
Gorst Ave. & Burwell St. Burwell St. & Auto Center
Way
Burwell St. & Auto Center Way Auto Center Way before 1st
St.
First St. & Bruenn Ave. Bruenn Ave.
7th St. & High Ave. High Ave. & (Port Washing-
ton Narrows)
High Ave. & 12th St. 12th St. & Ohio Ave.
High Ave. & 13th St. 13th St. & Lincoln Ave.
High Ave. & 10th St. 10th St. & Hewitt Ave.
High Ave. & 9th St. 9th Street
High Ave. & 13th St. 13th St. past Marguerite
Ave.
13th St. & Pennsylvania Ave. Pennsylvania Ave. before llth
St.
13th St. & Hewitt Ave. Hewitt Ave. & 7th St.
Hewitt Ave. & 8th St. 8th St. & Roosevelt Ave.
7th St. & Roosevelt Ave. Roosevelt Ave. & 10th St.
Hewitt Ave. & 7th St. 7th St. & Pennsylvania Ave.
Hewitt Ave. & 8th St. 8th St. & Pennsylvania Ave.
3
I, KATHLEEN McCLUSKEY, City Clerk of the City of Bremerton,
Washington, certify that the attached copy of Ordinance No. ~
is a true and correct copy of the original ordinance passed on
the \O day of August, 1983, as that ordinance appears on
the Minute Book of the City.
DATED this ~ day of ~~-~-~ , 1983.
Kathleen McCluskey, City Cl§rk