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HomeMy WebLinkAbout3865 CITY OF BREMERTON. NASHINGTON ORDINANCE NO. 3 AN ORDINANCE of the City of Bremerton, Washington, relating to the combined water and sewerage system of the City and amending Ordinance No. 38617 and, because of its urgency, providing that this ordinance shall take effect immediately. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, as follows: Section 1. Section 11 of Ordinance No. 3861 is amended to read as follows: Section 11. The Reserve Account has heretofore been created in the Bond Fund and required reserves have been pre- scribed for the 1971 Bonds and the 1973 Bonds. It is the inten- tion 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 $854,250 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 outstanding 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 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, pre- mium 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 later than twelve years from date of purchase, and in no event maturing later than the last maturity of the Outstanding Parity - 2 - 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 Iio The City has awarded a substantial contract for the construction of a portion of the improvements described in Section 2 of Ordinance 3861 and, in order to have money avail- able 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 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 ~ I day of August, 1983. ATTEST: KATHLEEN L-. MC~LUSKEY, City ~lerk APPROVED AS TO FORM: 2~bBROU~N" city ~t°rn~y