HomeMy WebLinkAbout4053 CITY OF BREMERTON, WASHINGTON
ORDINANCE NO. ~d~f
AN ORDINANCE of the City of Bremerton,
Washington, relating to the combined water and
sewerage system of the City; amending Ordinance No.
3887, as amended; authorizing the issuance and sale
from time to time of water and sewer revenue bond
anticipation notes of the City in the principal
amount of not to exceed $4,000,000; providing the
form, terms and conditions upon the issuance of such
notes; and designating the City Treasurer to sell and
deliver the notes and to fix their dates, maximum
term, interest rates, maturities and other provisions
consistent with this ordinance.
WHEREAS, the City Council deems it to be in the best
interests of the City that the City borrow money and issue
short-term obligations in accordance with the provisions of
chapter 39.50 RCW in anticipation of the sale of water and sewer
revenue bonds authorized to be issued by Ordinance No. 3887, as
amended, for the purpose of providing the funds with which to
pay the cost of carrying out the plan of additions and better-
ments and extensions of the existing combined water amd sewerage
system of the City specified and adopted by such ordinance; NOW,
THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
BREMERTON, WASHINGTON, as follows:
Section 1. Section 1 of Ordinance No. 3887, as amended by
Ordinances Nos. 3948 and 4015, is amended to read as follows:
Section 1. It is found and declared that the
public health, welfare, safety and convenience
require and it is in the best interest of the inhabi-
tants of the City that certain water system improve-
ments to 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 combined water
and sewerage system of the City 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, construction
and installation.
The City shall acquire all property, both real
and personal, or any interest therein, equipment,
rights-of-way, easements and franchises necessary to
carry out such plans, which are all as more particu-
larly set forth in reports, maps, plans and specifi-
cations prepared by the City Engineer and the
consulting engineers of 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 as such changes do
not substantially affect or change the main general
parts of such plans or the services to be rendered
thereby.
Section 2. Pending the issuance of the water and sewer
revenue bonds authorized by Ordinance No. 3887, as amended, the
City shall issue its water and sewer revenue bond anticipation
notes (the "Notes") in a total maximum amount not exceeding
$4,000,000. The Notes shall be issued in such amounts and in
such series, shall be dated, shall be in such denominations,
shall bear such interest at a rate or rates not exceeding 12%
per annum computed on a 360-day or 365-day basis, payable at
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such times, have such redemption provisions and shall mature on
such dates as determined by the City Treasurer acting under the
authority of this ordinance not to exceed unreasonably the time
such bonds may be issued to redeem the Notes. Notes with a
maturity of one year or less shall be bearer Notes or registered
Notes as determined by the City Treasurer, and Notes with a
maturity of more than one year shall be registered Notes. Both
principal of and interest on the Notes shall be payable solely
out of the Water and Sewer Revenue Bond Anticipation Note Fund
(the "Note Fund") established by Ordinance No. 3887, as amended,
from the proceeds of the water and sewer revenue bonds author-
ized by Ordinance No. 3887, as amended, to be issued to be
deposited in such fund, from the proceeds of other short-term
obligations issued under the terms of this ordinance to redeem
previously issued and then outstanding Notes, or from other
money legally available and to be used therefor, and the City
irrevocably pledges to redeem the Notes on or before their
respective maturities from the proceeds of such bonds, addi-
tional short-term obligations or other money available for such
purpose. The Notes shall be payable in lawful money of the
United States of America at either the office of the City
Treasurer in Bremerton, Washington or at either of the offices
of the fiscal agencies of the State of Washington in Seattle,
Washington, or New York, New York, as determined by the City
Treasurer. The City Council declares and finds that the fixing
of the above maximum interest rate is in the best interest of
the City.
The Notes may be paid from the gross earnings and revenues
of the combined and water and sewerage system of the City, but
shall be subordinate to the claims on that revenue of the normal
expenses of maintenance and operation of the combined system and
the outstanding water and sewer revenue bonds of the City and
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any bonds hereafter issued on parity of lien therewith or to
refund such bonds.
Section 3. The Notes shall be printed or lithographed on
good bond paper or may be in typewritten or multicopied form in
a form consistent with this ordinance and State law. The Notes
shall be signed by the City Treasurer and shall have the seal of
the City affixed thereto, or, if registered, may have the
facsimile signatures of the Mayor and City Clerk and a facsimile
reproduction of the City seal printed thereon.
Section 4. The City Treasurer is authorized to negotiate
the ssle of the Notes, including short-term obligations to
redeem maturing Notes, with one or more financial institutions
or investment banking firms of his choice under the terms of
this ordinance and under such terms and conditions as the City
Treasurer deems to be in the best interests of the City. The
sale price of each series or issue of Notes must be such that it
does not result in any series or issue of Notes having an
effective interest rate greater than 12% per annum.
Section 5. The City covenants that it will not take or
permit to be taken on its behalf any action which would
adversely affect the exemption from federal income taxation of
the interest on the Notes and will take or require to be taken
such acts as may reasonably be within its ability and as may
from time to time be requir.ed under applicable law to continue
the exemption from federal income taxation of the interest on
the Notes. Without limiting the generality of the foregoing,
and except to the extent the investment of 8ny Note proceeds is
limited to a yield required to comply with federal arbitrage
regulations, the City will spend the proceeds of the Notes with
due diligence to completion of the purposes specified in this
ordinance and will not invest or make other use of the proceeds
of the Notes or of its other money at any time during the term
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of the Notes which, if such use had been reasonably expected at
the date that the Notes are issued, would have caused such Notes
to be arbitrage obligations within the meaning of Section 103(c)
of the United States Internal Revenue Code of 1954, as amended,
and applicable regulations thereunder.
If the City fails or reasonably expects to be unable to
comply with any applicable requirements or restrictions imposed
on the City with respect to the Notes under any future federal
law or regulations promulgated thereunder, including but not
limited to requirements relating to the timing of expenditures
of Bond proceeds, restrictions on investment of Bond proceeds
pending their expenditure for the purposes of the issue, and
calculating and rebating to the United States interest earnings
on Bond proceeds in excess of the Bond yield, and the City's
bond counsel, at the request of the City, gives an opinion to
the City that, as a result of such actual or expected noncom-
pliance, interest on the Notes or a portion thereof is taxable,
or will become taxable unless unspent Note proceeds are used to
redeem such Notes, then the City will ca]] for redemption at par
plus accrued interest all such outstanding Notes, or, if fewer
than all of the outstsnding Notes are to be redeemed, that
number of Notes selected in chronological order of maturity (and
by lot within a maturity) as will result in the preservation of
the tax exemption for interest on the Notes which remain out-
standing, within 75 days of the date on which bond counsel gives
such opinion to the City. Bond counsel has not undertaken to
monitor the City's compliance with this section and such laws
and regulations. For the purposes of this paragraph, the
imposition by any future federal law of any alternative minimum
tax on the interest on the Notes shall not be deemed to be an
event requiring the City to call any Notes for redemption.
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The City has not been notified of any listing or proposed
listing by the Internal Revenue Service to the effect that it is
an issuer whose arbitrage certifications may not be relied upon.
Section 6. In the event the City shall issue advance
refunding bonds or other obligations 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 Notes
or such portion thereof included in the refunding plan as the
same become due and payable and to refund the then outstanding
Notes and to pay the costs of refunding, and shall have irrevo-
cably set aside in a special fund for and pledged to such
psyment 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 invest-
ments thereof, to make such payments and to accomplish the
refunding as scheduled (hereinafter called the "trust account"),
and shall irrevocably make provision for redemption of the
Notes, then in that case all right and interest of the owners or
holders of the Notes to be so retired or refunded (hereafter
called the "defeased Notes") in the covenants of this ordinance
and, except as hereinafter provided, in the funds and accounts
obligated to the payment of such Notes shall thereafter cease
and become void. Such owner or holder thereafter shall have the
right to receive payment of the principal of and interest on the
defeased Notes from the trust account and, in the event the
funds in the trust account are not available for such payment,
shall have the right to receive payment of the principal of and
interest on the defeased Notes from the funds and accounts
obligated to the payment of such Notes. Subject to the rights
of the owners or holders of the Notes, the City then may apply
any money in any other fund or account established for the
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payment of reden~ption of the defeased Notes to any lawful purposes as
it shall determine.
Section 7. The principal proceeds received from the sale of the
Notes shall be deposited into the Water Main Construction Project Fund
(the "Construction Fund") heretofore created in the office of the City
Treasurer and used for the purposes set forth herein, except that the proceeds
of any Notes issued to redeem maturing Notes shall be deposited in the Note
Fund and used for such purpose. Pending expenditure from the Construction
Fund, money in such fund may be invested and the investment earnings
retained in such fund and applied to the purposes for which the Notes
are issued.
APPflOVED by the City Council of the City of Bremreton, Washington, at
a regular open public meeting thereof on the ,~ day of
PASSED by the City Council of the City of Bremerton, Washington,
at a regular open Public Meeting thereof on the Z~ day of
,~w~._ _ , 1986.
~~y. y IEBE, Mayor
of Bremerton
ATiEST:
~.~:v:N L. MCCLUSKEY, City C~erk
Director of Administrative Services
PI{EP~ BY:
Roberts & Shelf leman
Bremerton Water Utility
EXHIBIT A
CAPITAL IMPROVEMENT PROGRAM 1986-1990
The Bremerton Water Utility's Five-Year Comprehensive
Plan, adopted by City Council o~ December 12, 1982, indicates
that a Capital Improvement Program be established for the
scheduled replacement of major water transmission mains which
originate at the Union River supply system and are the main
sources of supply to the City of Bremerton.
The Comprehensive Plan, as adopted, and made a part
hereof by reference, calls from the replacement of the cited
transmission mains due to their excessive age and condition,
which have been cause for service failure on numerous occasions.
Additionally, scheduled highway system improvements by the
Washington State Department of Transportation (SDOT) within the
Gorst vicinity mandate that the Bremerton Water Utility relocate
and replace the existing aged water mains within the affected
project area.
Therefore, the City of Bremerton Water Utility proposes
to make the following improvements, as scheduled below, to be in
compliance with the recommendations of the Comprehensive Plan, as
approved; as well as the mandated requirements of the SDOT.
1986-1990 PROGRAM
A. Relocation and replacement of approximately
forty-year-old steel and cast iron transmission and
supply water mains within the Gorst vicinity. The
affected project area commences at the intersection
of State Route 16 and State Route 160. The project
then proceeds in a northerly direction to
approximately the locatlon of the Burlington
Northern Railroad overpass. This overall project
consists of the installation of approximately
twelve thousand (12,000) lineal feet of new water
mains at an approximate total cost of One Million
Dollars ($1,000,000).
B. Installation of new transmission and supply water
mains commencing at the intersection of Charleston
Beach Road and Oyster Bay Avenue and proceeding
northerly to a point one hundred twenty (120) feet
north of the intersection of Oyster Bay Avenue and
"H" Street. This overall project consists of the
installation of approximately five thousand and
three hundred (5,300) lineal feet of new water
mains at an approximate total cost of Five Hundred
Thousand Dollars ($500,000).
C. Replacement of the forty-year-old cast iron
transmission main commencing approximately two
hundred (200) feet south of the intersection of the
Old Be!fair Valley Road and State Route 3 to
approximately four hundred (~00) feet east of the
intersection of State Route 3 and State Route 30~.
This overall project consists of the installation
of approximately twelve thousand and six hundred
(12,600) lineal feet of new water main at an
approximate total cost of Five Hundred and Thirty
Thousand Dollars ($530,000).
D. Replacement of the forty-year-old steel
transmission main commencing at the intersection of
the Old Belfair Valley Road and proceedJng
northerly along Sherman Heights Road to Reservoir
#4. This overall project consists of the
installation of approximately ten thousand (10,000)
lineal feet of new water main at an approximate
total cost of One Million Dollars ($1,000,000).