HomeMy WebLinkAbout3626 CITY OF BREMERTON, WASHINGTON
ORDINANCE NO. ~ ~&
AN ORDINANCE of the City of Bremerton, Washington,
relating to contracting indebtedness; providing
for the issuance, specifying the maturities, maxi-
mum effective interest rate, terms and covenants
of $550,000 par value of "Fire Station Unlimited
Tax General Obligation Bonds, 1981" authorized by
the qualified voters of the City at a special
election held therein pursuant to Ordinance No.
3595; establishing a bond redemption fund; and
providing for the sale of such bonds.
THE CITY OF BREMERTON DOES ORDAIN as follows:
Section 1. The City of Bremerton, Washington (herein-
after called the "City"), shall presently issue and sell the total
$550,000 par value of negotiable general obligation bonds author-
ized by the qualified voters of the City at a special election held
on September 16, 1980, pursuant to Ordinance No. 3595 passed and
approved July 15, 1980, for the purpose of constructing a fire
station and expanding the main fire station facility. The bonds
shall be designated "Fire Station Unlimited Tax General Obligation
Bonds, 1981" (the "Bonds"), of the City; shall be dated July 1,
1981; shall be in the denomination of $5,000 each; shall be numbered
from 1 to 110, inclusive; and shall bear interest at the rate or
rates specified in the winning bid for the Bonds, but not in excess
of an effective rate of 12% per annum, payable on July 1, 1982, and
semiannually thereafter on each succeeding January 1 and July 1,
as evidenced by coupons to be attached to the Bonds representing
interest to maturity. If any Bond is not redeemed when duly
presented at its maturity or call date thereof, the City shall be
obligated to pay interest at the coupon rate for each such Bond
from and after the maturity or call date until such Bond, both
and interest, shall have been paid in full or until suf-
money for such payment in ful~ is on deposit in the "Fire
Unlimited Tax General Obligation Bond Fund, 1981" (the Bond
hereinafter created, and such Bond has been duly called for
Both principal of and interest On the Bonds are to be
lawful money of the United States of America, which at the
payment shall be legal tender for the payment of public and
debts, at the office of the City T~easurer, or, at the
the holder, at either fiscal agency of the State of
in Seattle, Washington, or New York, New York. The
mature serially, annually, in order of their numbers in
following amounts on July 1 of each of the following years
maturity schedule being computed at an assumed interest rate
annum):
Bond Numbers Maturity
(Inclusive) Amounts Years
1 to 2 $10,000 1983
3 to 5 15,000 1984
6 to 8 15,000 1985
9 to 11 15,000 1986
12 to 14 15,000 1987
15 to 18 20,000 1988
19 to 22 20,000 1989
23 to 26 20,000 1990
27 to 31 25,000 1991
32 to 36 25,000 1992
37 to 42 30,000 1993
43 to 48 30,000 1994
49 to 55 35,000 1995
56 to 62 35,000 1996
63 to 70 40,000 1997
71 to 79 45,000 1998
80 to 89 50,000 1999
90 to 99 50,000 2000
100 to 110 55,000 2001
The City reserves the right to redeem any or all of the
to their stated maturity dates as a whole, or in part
numerical order} on July 1, 1991, or any semiannual
payment date thereafter at par plus accrued interest to
redemption.
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Notice of such intended redemption shall be published in
the official newspaper of the City, or if there is no official news-
paper, then in a newspaper of general circulation in Kitsap County,
at least once not less than 30 nor more than 45 days prior to the
call date, and a copy of such notice shall be mailed within the same
period to the main office of the principal underwriter or account
manager of the successful bidder for the Bonds, or its successor.
In addition, such redemption notice shall also be sent to Moody's
Investors Service, Inc., and Standard & Poor's Corporation, at
their offices in New York, New York, but the mailing of such notice
to such New York firms shall not be a condition precedent to the
redemption of such Bonds. Interest on any Bonds so called for
redemption shall cease on such call date upon payment of the
redemption price into the Bond Fund.
The City further reserves the right to purchase any or
all of the Bonds in the open market at any time at a price not in
excess of par plus accrued interest to date of purchase.
Section 2. The City irrevocably pledges itself to levy
taxes annually, without limitation as to rate or amount, on all
property in the City subject to taxation in an amount sufficient,
together with other money legally available and used therefor, to
pay the principal of and interest On the Bonds as the same shall
become due, and the full faith, credit and resources of the City
are hereby irrevocably pledged for the payment of the principal of
and interest on such Bonds.
Section 3. The City covenants that it will make no use
of the proceeds of the Bonds or of its other money at any time
during the term of the Bonds which will cause the Bonds to be
arbitrage bonds within the meaning of Section 103(c) of the United
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States Internal Revenue Code of 1954, as amended, and applicable
regulations promulgated thereunder.
Section 4. The Bonds and coupons shall be printed or
lithographed on good bond paper in a form consistent with the pro-
visions of this ordinance. The Bonds shall be signed by the fac-
simile signature of the Mayor and attested by the manual signature
of the City Clerk under the seal of the City, and the coupons shall
bear the facsimile signatures of the Mayor and the City Clerk.
Section 5. The Bond Fund is herebY created and estab-
lished in the office of the City Treasurer. The accrued interest
and premium received, if any, upon the sale and delivery of the
Bonds shall be paid into the Bond Fund. The principal proceeds
received from the sale and delivery of the Bonds shall be paid into
the "Fire Station Capital Project Fund," previously created and
established in the office of the City Treasurer and used for the
purposes specified in Section 1 of this ordinance and to pay the
costs of issuance and sale of the Bonds. Pending the expenditure
of such principal proceeds, the City may temporarily invest such
proceeds in any legal investment and the investment earnings may be
retained in the "Fire Station Capital Project Fund," and expended
for the purposes of such fund. All taxes collected for and allo-
cated to the payment of the principal of and interest on the Bonds
shall hereafter be deposited in the Bond Fund. Pending the receipt
of the proceeds from the issuance of the Bonds, interest-bearing
warrants may be drawn on the "Fire Station Capital Project Fund" to
provide interim funds to pay such costs, such loan to be repaid
from the proceeds received from the issuance of the Bonds.
Section 6. The Bonds shall be sold for cash at public
sale for not less than par, plus accrued interest.
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The City Clerk is authorized to give notice calling for
bids to purchase the Bonds by publishing the same once a week for
four consecutive weeks in the official newspaper of the City, or if
there is no official newspaper, then in a newspaper of general cir-
culation in the City. Such notice shall specify that sealed bids
for the purchase of the Bonds shall be received by the City Clerk
in her office in the City Hall on June 16, 1981, up to 11:00 a.m.,
local time, at which time all bids will be publicly opened and read
and an award made by the City Council at its regular meeting to be
held in the City Council Chambers commencing immediately thereafter.
A copy of the notice shall be mailed to the State Finance
Committee, Olympia, Washington, at least three weeks prior to the
date fixed for the sale.
Bids shall be invited for the purchase of the Bonds with
fixed maturities in accordance with the schedule specified in
Section 1 hereof.
The notice shall specify the maximum effective rate of
interest the Bonds shall bear, namely, 12% per annum, and shall
require bidders to submit a bid specifying:
(a) The lowest rate or rates of interest and
premium, if any, above par at which the bidder
will purchase the Bonds; or
(b) The lowest rate or rates of interest at
which the bidder will purchase the Bonds at par.
No bid will be considered for the Bonds for less than par
and accrued interest. The purchaser must pay accrued interest to
date of delivery of the bonds.
Coupon rates shall be in multiples of 1/Sth or 1/20th of
1%, or both. No more than one rate of interest may be fixed for
any one maturity. Only one coupon will be attached to each of the
Bonds for each installment of interest thereon, and bids providing
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for additional, or supplemental coupons will be rejected. The
maximum differential between the lowest and highest coupon rates
named in any bid shall not exceed 2%.
For the purpose of comparing the bids only, the coupon
rates bid being controlling, each bid shall state the total interest
cost over the life of the Bonds and the net effective interest rate
of the bid.
The Bonds shall be sold to the bidder making the best
bid, subject to the right of the City Council to reject any and all
bids and to readvertise the Bonds for sale in the manner provided
by law, and no bid for less than all of the Bonds shall be consid-
ered. The City further reserves the right to waive any irregularity
in any bid or in the bidding process.
All bids shall be sealed, and, except the bid of the
State of Washington, if one is received, shall be accompanied by a
deposit of $27,500. The deposit shall be either by certified cheek
or cashier's check made payable to the City Treasurer and shall be
promptly returned if the bid is not accepted. The City reserves
the right to invest the good faith deposit of the purchaser pending
the payment for the Bonds. The purchaser shall not be credited for
such earnings. If the Bonds are ready for delivery and the success-
ful bidder shall fail or neglect to complete the purchase of the
BOnds within forty days following the acceptance of its bid, the
amount of its deposit shall be forfeited to the City and in that
event the City may accept the bid of the one making the next best
bid. If there be two or more equal bids for not less than par plus
accrued interest and such bids are the bes~ bids received, the City
Council shall determine by lot which bid shall be accepted. The
Bonds will be delivered to the successful bidder against payment of
the purchase price plus accrued interest to the date of delivery,
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less the amount of the good faith deposit, at the office of the
City Treasurer or in Seattle, Washington, at the City's expense, or
at such other place as the City Treasurer and the successful bidder
may mutually agree upon at the purchaser's expense. A no-litigation
certificate in the usual form will be included in the closing
papers.
CUSIP numbers will be printed on the Bonds, if requested
in the bid of the successful bidder, but neither failure to print
such numbers on any bond nor error with respect thereto shall con-
stitute cause for a failure or refusal by the purchaser thereof to
accept delivery of and pay for the Bonds in accordance with the
terms of the purchase contract. All expenses in relation to the
printing of CUSIP numbers on the Bonds shall be paid by the City;
but the fee of the Cusip Service Bureau for'the assignment of those
numbers shall be the responsibility of and shall be paid for by the
purchaser.
Any bid presented after the time specified for the re-
ceipt of bids will not be received, and any bid not accompanied by
the required bid deposit at the time of opening will not be read or
considered.
If, prior to the delivery of the Bonds, the interest
receivable by the holders thereof shall become taxable, directly
or indirectly, by the terms of any federal income tax law, the
successful bidder may at its option be relieved of its obligation
to purchase the Bonds, and in such case the deposit accompanying
its bid will be returned, without interest.
The notice of bond sale shall provide that the City will
cause the Bonds to be printed or lithographed and signed and Will
furnish the approving legal opinion of Messrs. Roberts, Shefelman,
Lawrence, Gay & Moch, bond counsel of Seattle, Washington, covering
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the Bonds without cost to the purchaser, the opi. nion also being
printed on each bond. Bond counsel shall not be required
r~'~iew or express any opi. nion concerning the completeness or
accuracy of any official s[:atement, oF_-fering c~_rcu]ar or other
sales material issued or used in connection with the Bonds, and
bond counsel's opinion shall so state. Such nohice sh~ll also
provide that further information regarding ~he details o[ ~he
Bonds may be received ~.?on request made Lo H. ~/ackson Sh~r].ey &
Co. Inc. , the City's financial consultant.
~e~_~.~_~. This ordinance shall ~ake efffect thirty
(30) days after ihs passage and oub].icahion as required by
CNa r her.
APPROVN0 by the City Council on ~he ~-[4st ~eadLng
~.:,, ~ . ~..~e ~'J_~y Council of
.qT'2I~:ST: Robert Stewart~ Mayor Pro Tem
.A[HLE~N L b~NDIO, Ci2v Clerk
Approved as to Form:
I, KATHLEEN L. MANDIO, City Clerk of the City of Bremerton,
Washington, hereby certify that the attached copy of Ordinance No.
~~ is a true and correct copy of the original ordinance passed
on the ~ day of ~'~_~.~ , 1981, as such ordina,ce
appears on the Minute Book of the City.
KAT~iL~.EN L. MANDIO, City Clerk'