HomeMy WebLinkAbout2499 ORDINANCE NO. 2499
AN ORDINANCE of the City of Bremerton, Washington,
providing for the issuance of $293,000 par
value of water and sewer revenue refunding
bonds of the city for the purpose of providing
£und$ to redeem and retire a like principal
amount of outstanding water and sewer revenue
bonds of the city& providing the date, form,
terms, maturities and covenants of said re-
funding bonds to be issued~ creating a special
fund for the payment of the principal thereof
and interest thereon, and a reserve account~
providing and adopting certain covenants and
protective features safeguarding the payment
of such principal and interest~ confirming the
sale of said refunding bonds to be issued; and
declaring an emergency.
WHEREAS, the City of Bremerton now has outstanding $330,000
par value of its water and sewer revenue bonds issued under date of
June 1~ 1957 pursuant to Ordinance No. ~225~ passed and approved
April 24, 1957, which are numbered~ mature on June 1 of each of the
following years, and bear interest as follows:
Maturity Interest
Bond Nos. Years Amounts Rate
21-25 1962 $ 5,000 3.75%
26-77 1963-1967 52,000 3.75%
78-211 1968-1977 134,000 4.2~
212-260 1978-1980 49,000 4.0~
261-350 1981-1985 90,000 4.2~
and
WHEREAS~ on June 1~ 1962, the city will redeem and retire
bonds numbered 21 to 25 inclusive and 319 to 350 inclusive, as re-
quired and in the manner provided by Ordinance No. 2225 of the city~
and
WHEREAS, the City Council has determined that a substantial
interest saving ~ the city may be effected by redeeming and retiring
the ren~ning $293,000 par value of June 1, 1957 water and sewer
revenue bonds of the city outstanding, out of the proceeds of sale
of the w~ter and sewer revenue refunding bonds of the city hereinafter
authorized& and
WHEREAS, on April 6, 1962, the City Council accepted the
written offer of even date of Marshall and Meyer, Inc., investment
bankers of Seattle, Washington, to purchase said $293,000 of revenue
refunding bonds at par and under the terms, conditions and covenants
thereof hereinafter set forths and
WHEREAS, Ordinance No. 2124 of the city, passed and approved
September 14, 1955, under which $1,300,000 par value of water and
sewer revenue bonds dated October 1, 1955 were issued, provided in
Section llB thereof that refunding water and sewer revenue bonds of
the city could be issued on a parity with the outstanding water and
sewer revenue bonds issued pursuant to said ordinance No. 2124 if
certain conditions were met~ and
WHEREAS, it appears to the City Council that said conditions
may be met and that it will be to the best interest of the city, its
inhabitants, and the users and customers of its combined water and
sewerage system that the above-mentioned water and sewer revenue
refunding bonds be issued on a parity with the outstanding water
and sewer revenue bonds of the city issued, under date of October 1,
1955~ and
WHEREAS, the city also has outstanding $278,000 par value
of its water and sewer revenue bonds issued under date of October 1,
1949, which bonds constitute a first lien upon the revenues of the
combined water and sewerage system of the city except for necessary
costs of maintenance and operation thereof~
NOW, THEREFORE, THE CITY OF BREMERTON DOES ORDAIN:
Section 1. As used in this ordinance the following words
shall have the following meanings:
a. The word "System" shall mean the existing combined
water and sewerage system of the city as the same may later be added
to, improved and extended for as long as any of the Outstanding Prior
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Lien Bonds~ the Outstanding Parity Bonds~ the Bonds~ and any Future
Parity Bonds then outstanding.
b. The word "Bonds" shall mean the $293~000 of water and
sewer revenue refunding bonds of the city issued pursuant to and for
the purposes provided in this ordinance.
c. The words "Outstanding Prior Lien Bonds" shall mean
the water and, sewer revenue bonds of the city issued under date of
October 1~ 1949~ of which issue there is now outstanding bonds in
the principal sum of $278~000.
d. The words "Outstanding Parity Bonds" shall mean the
water and sewer revenue bonds of the city issued under date of
October 1~ 1955~ of which issue there is now outstanding bonds in
the principal sum of $1~220~000~ and with which the Bonds will be
on a parity.
The Outstanding Prior Lien Bonds and the Outstanding
Parity Bonds are the only revenue bonds of the city outstanding at
this time (except for the June 1~ 1957 revenue bonds being refunded)
for the payment of the principal of and interest on which the money
in the Current Water Fund of the city has been pledged.
e. The words "Current Water Fund" shall mean the Fund of
the city of that name heretofore created~ into which the city has
covenanted and agreed, that all gross earnings and revenue of the
System will be paid.
f. The words "Future Parity Bonds" shall mean any revenue
bonds of the city issued after June 1~ 1962 under an ordinance wherein
the city pledges that the payments to be made out of the money in the
Current Water Fund to pay andsecure the ~ayment of the principal
thereof and interest thereon will be on a parity with the payments
required by Ordinance No. 2124 and this ordinance to be made out of
such Current Water Fund to pay and secure the payment of the principal
of and interest on the Outstanding Parity Bonds and the Bonds.
3.
g. The words "1955 Bond Redemption Fund" shall mean the
Fund of the city known as the "Bremerton 1955 Water and Sewer Revenue
Bond Redemption Fund" and the Reserve Account in such Fund created by
Sections 7 and 8 respectively of Ordinance No. 2124 of the city for
the purpose of paying and. securing the payment of the principal of
and interest on the Outstanding Parity Bonds.
Section 2. The Council hereby finds and determines, as
required by Section llB of Ordinance No. 2124 and Section 10 of
Ordinance No. 2225, as follows:
First, that the Bonds are issued for the purpose of providing
funds to redeem and retire a like principal amount of outstanding
water and sewer revenue bonds of the city issued under date of June 1,
1957.
Second~ that neither the coupon rates of interest on the
Bonds nor the effective rate of interest over the life of the Bonds
exceeds the coupon rates of interest on the bonds being refunded or
the effective rate of interest over the life of the bonds being re-
funded.
Third~ that with the use in 1980 of the money in the Reserve
Account hereinafter create~ the issuance of the Bonds and the retire-
ment of the like principal amount of outstanding June 1~ 1957 water
and sewer revenue bonds of the city does not require a greater amount
to be paid. out of the Current Water Fund in any calendar year here-
after for the payment of the principal of and interest on the Bonds
than would be required to be paid out of such Fund. in the same calendar
year hereafter for the payment of the principal of and interest on the
bonds being redeemed.
Fourth, that by Section 8 of this ordinance the city covenants
that a Reserve Account has been created in the Bond Redemption Fund
created to pay the principal of and interest on the Bonds~ and that
the city has pledged that it will pay into such Reserve Account, within
4.
five years from the date of issuance of the Bonds, a sum at least
equal to the average amount required each calendar year-for debt
service on the Bonds.
The conditions contained in Section lib of Ordinance No.
2124 and Section 10 of Ordinance No. 2225 having been complied with,
the payments required herein to be made out of the Current Water Fund
into the 1962 Water and Sewer Revenue Bond Redemption Fund and Reserve
Account therein to pay and secure the payment of the principal of and
interest on the Bonds shall constitute a lien and charge upon the
money in the Current Water Fund equal in rank with the lien and charge
thereon for the payments required to be made into the 1955 Bond Re-
demption Fund and Reserve Account therein to pay and secure the payment
of the principal of and interest on the Outstanding Parity Bonds.
Section 3. For the purpose of providing funds to redeem and
retire bonds numbered 26 to 318 inclusive of that certain ismue of
water and sewer revenue bonds of the city issued pursuant to Ordinance
No. 2225 and under date of June 1, 1957, the city shall issue the Bonds.
The Bonds shall be dated June 1, 1962, shall be in denomina-
tions of $1~000 each, and shall be numbered, mature, and bear interest
payable on the first day of December, 1962 and semiannually on the first
days of June and December of each year thereafter as follows:
Interest
Bond Nos. Maturity Date Amount Rate
1-13 June 1, 1963 $13,000 3 1/4%
14-26 June 1, 1964 13,000 3 1/4%
27-39 June 1, 1965 13,000 3 1/4%
40-53 June '1, 1966 14,000 3 1/4%
54-67 June 1, 1967 14,000 3 1/4%
68-81 June 1, 1968 14,000 3 3/8~
82-96 June 1, 1969 15,000 3 3/8~
97-112 June 1, 1970 16~000 3 3/8%
113-128 June 1, 1971 16~000 3 3/8~
129-144 June 1~ 1972 16,000 3 3/8~
145-161 June 1, 1973 17~000 3 3/~
162-178 June 1, 1974 17~000 3 3/8~
179-195 June 1, 1975 17~000 3 1/~
196-213 June 1~ 1976 18,000 3 1/2%
214-231 June 1~ 1977 18~000 3 1/2%
232-250 June 1, 1978 19,000 3 3/4%
251-269 June 1~ 1979 19~000 3 3/4%
270-293 June l, 1980 24,000 3 3/4%
5.
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Both principal of and interest on the Bonds shall be payable
in lawful money of the United States of America at the office of the
City Treasurer in Bremerton# Washington, and shall be obligations only
of the special 1962 Bond Redemption Fund hereinafter created.
Section 4. The city hereby reserves the right to redeem any
or all of the Bonds outstanding, in whole~ or in part in inverse nu-
merical order~ on the following interest payment dates and at the
following prices expressed as a percentage of the principal amount~
plus accrued interest to the date of redemption:
On June 1 and December 1~ 1967, ~ 103
On June 1 and December 1, 1968~ ~ 102
On June 1 and December 1, 1969~ ~ 101
On June 1, 1970 and any interest payment date thereafter~ ~ 100.
Notice of any such intended redemption shall be given by
one publication thereof in the official city newspaper not more than
forty nor less than thirty days prior to said redemption date and by
mailing a like notice at the same time to Marshall and Meyer~ Inc. at
their main place of business or to the successor in business of said
corporation, if any, at its main place of business. Interest on any
Bond or Bonds so called for redemption shall cease on such redemption
date unless such Bond or Bonds are not redeemed upon presentation
made pureuant to such call.
Section 5. The Bonds shall be in substantially the following
form:
UNITED STATES OF AMERICA
NO. $1,000
STATE OF WASHINGTON
CITY OF BREMERTON
WATER AND SEWER REVENUE REFUNDING BOND~ 1962
The City of Bremerton~ a municipal corporation of the
State of Washington, hereby acknowledges itself to owe and
for value received promises to pay to bearer on the first
6.
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d~y of June, 19 ~ the principal sum of
ONE THOUSAND DOLLARS
together with interest thereon at the rate of ,% per
annum payable on the first ~ay of December~ 1962 and semi-
annually on the first days of June and December of each year
thereafter as evidenced by and upon presentation and surrender
of the attached interest coupons as they severally become due,
or until the ~ayment of such principal sum shall be made or
duly provided for.
Both principal of and interest on this bond are payable
in lawful money of the United States of America at the office
of the City Treasurer in Bremerton~ Washington, solely out of
the special fund of the city known as "Bremerton 1962 Water
and Sewer Revenue Refunding Bond Redemption Fund" created by
Ordinance No. 2499 of the city.
The city has reserved the right to redeem any or all of
the bonds of this issue outstanding, in whole, or in part in
inverse numerical order, on the following interest payment
dates and at the following prices expressed as a percentage
of the principal amount, plus accrued interest to the date of
redempt ion:
On June 1 and December 1, 1967~ ~ 103
On June 1 and December 1, 1968, ~ 102
On June 1 and December 1, 1969~ ~ 101
On June 1, 1970 and any interest payment date thereafter, ~ 100.
Notice of any such intended redemption shall be given by
one publication thereof in the official city newspaper not more
than forty nor less than thirty days prior to said redemption
date and by mailing a like notice at the same time to Marshall
and Meyer, Inc. at their main place of business or to the suc-
cessor in business of said corporation, if any~ at its main
place of business.
7.
This bond is one of an issue of water and sewer revenue
refunding bonds of the city of like amount, date and tenor
except as to number~ interest rate and date of maturity~ in
the total principal sum of $293~000~ which bonds are issued
pursuant to laws of the State of Washington and the Charter
and ordinances of the city~ for the purpose of providing funds
to redeem and retire a like principal amount of outs~nding
water and sewer revenue bonds of the city. Ail of the bonds
of this issue are payable solely out of the gross revenue of
the combined water and sewerage system of the city and all
additions and improvements thereto and extensions thereof.
The City of Bremerton hereby covenants and agrees with
the owner and holder of this bond that it will keep and perform
all the covenants of this bond and of Ordinances ~o. 2124 and
No. 2499 to be by it kept and. performed.
The City of Bremerton does hereby pledge and bind itself
to set aside fr~m the money in its Current Water Fund~ and to
pay into said 1962 Bond Redemption Fund and the Reserve Account
created, thereinby said Ordinance No. 2499~ the various amounts
requiredby said ordinance to be paid into and maintained in
said Fund and Account~ all within the times provided by said
ordinance. The city has further pledged and bound itself to
pay into said. Current Water Fund~ as collected~ all of the gross
earnings and revenue derivedbythe city from the operation of
its combined water and sewerage system and all additions and
improvements thereto and extensions thereof.
Said amounts so pledged are hereby declared to be a prior
lien and charge upon the money in said. Current Water Fund
superior to all other charges of any kind or nature except
the necessary cost of maintenance and operation of such combined
system and the charges necessary for the payment of the principal
8.
of and interest on the outstanding water and sewer revenue bonds
of the city issued under date of October 1~ 1949~ and equal in
rank to the charges made upon the money in said Current Water
Fund for the payment of the principal of andinterest on the
outstanding water and sewer revenue bonds of the city issued
under date of October 1~ 1955 and to any charges that may be made
later upon the money in said Fund for the payment of the principal
of and interest on any revenue bonds which the city may issue
later on a parity with said outstanding October 1~ 1955 bonds
and the bonds of this issue.
The City of Bremerton has further bound itself to maintain
said combined water and. sewerage system in good repair~ working
order and condition~ to operate the same in an efficient manner
and at a reasonable cost~ and to establish~ maintain and col-
lect rates and charges for water supplied and sanitary sewage
disposal service furnished that will provide revenue sufficient
to pay the necessary cost of maintenance and operation of said
combined system, to pay the amounts necessary for the payment
of the principal of and interest on said outstanding water and
sewer revenue bonds of the city~ and to pay into said 1962 Bond
Redemption Fund and the Reserve Account therein the amounts
which the city has pledged to be set aside and so paid therein.
It is hereby certified and declared that this bond and the
bonds of this issue are issued pursuant to and in strict compliance
with the Constitution and laws of the State of Washington and the
Charter and ordinances of the City of Bremerton, and that all
acts~ conditions and things required to be done precedent to and
in the issuance of this bond. have happened, been done and. per-
formed°
IN WITNESS WHEREOF the City of Bremerton~ W~shington, has
caused this bond to be signed by its Mayor~ to be attested by
9.
its Clerk, the corporate seal of the city to be impressed
hereon, and the interest coupons attached hereto.to be signed
with the facsimile signatures of said officials, this first
day of June, 1962.
CITY OF BREMERTON~ WASHINGTON
By
Mayor
ATTEST:
City Clerk
The interest coupons to be attached to the Bonds shall be
in substantially the following form:
NO. $
On the first day of , 19 , the City of
Bremerton~ Washington, will pay to bearer at the office of
the City Treasurer in Bremerton the sum of
DOLLARS in lawful money of the United States of America out
of the special fund of the city known as "Bremerton 1962
Water and Sewer Revenue Refunding Bond Redemption Fund~"
said sum being the semiannual interest due that day on
its water and sewer revenue refunding bond dated June 1, 1962
and numbered. .
CITY OF BREMERTON~ WASHINGTON
By
Mayor
ATTEST:
City Clerk
Section 6. The Bonds shall be signed on behalf of the city
by its Mayor~ shall be attested by the City Clerk, and shall have the
corporate seal of the city impressed thereon. The interest coupons
attached to the Bonds shall be signed with the facsimile signatures
of said officials.
10.
Section 7. That there be and is hereby created a special
fund of the city to be known as "Bremerton 1962 Water and Sewer
Revenue Refunding Bond Redemption Fund, (herein called the "1962
Bond Redemption Fund"), which Fund is to be drawn upon for the sole
purpose of paying the principal of and interest on the Bonds as the
same shall become due.
From and after the date of the Bonds and for as long as
any of the same are outstanding and unpaid, the City Treasurer shall
set aside and pay into the 1962 Bond Redemption Fund out of the
Current Water Fund, at least thirty days prior to the r~pective
dates on which the interest on or principal of and interest on the
Bonds shall become due, the amount of such interest or principal and
interest next coming due on the Bonds outstanding. Such payments
shall be a charge upon the money in the Current Water Fund ranking
equally and ratably and on a parity with the payments required by
Ordinance~No. 2124 of the city to be made into the 1955 Bond Redemption
Fund°
W~en there is sufficient money in the 1962 Bond Redemption
Fund and the Reserve Account therein hereinafter created to redeem
and retire all of the Bonds outstanding and to pay the interest and
premium~ if any, due thereon on such redemption date~ then no further
payments need be made into the 1962 Bond Redemption Fund.
Said amounts so pledged to be paid into the 1962 Bond Re-
demption Fund and the Reserve Account therein are hereby declared to
be a prior lien and charge upon the money in the Current Water Fund
superior to all other charges of any kind or nature except the neces-
sary cost of maintenance and operation of the System and the charges
necessary for the payment of the principal of and interest on the
Outstanding Prior Limn Bonds, and equal in rank to the charges upon
the money in such Current Water Fund necessary for the payment of
the principal of and interest on the Outstanding Parity Bonds and
11.
to any charges which may be made on the money in such Fund to pay
and secure the payment of the principal of and interest on any
Future Parity Bonds.
Section 8. A Reserve' Account is hereby created in the
1962 Bond Redemption Fund, and the city hereby agrees that it will
set aside and pay into said Reserve Account, out of the money in the
Current Water Fund and out of any other moneys which it may now or
later have on hand and available for such purpose, the sum of $22,200
by June 1, 1967. The city further agrees that it will meet such
obligation by the payment of at least $4,440 principal each 12-month
period ending on May 31 of the calendar years 1963 through 1967
inclusive.
The city further agrees that when said. sum of $22,200
has been paid therein it will at all times maintain that amount
therein until there is a sufficient amount in the 1962 Bond Redemption
Fund and this Reserve Account to redeem and retire all of the Bonds
outstanding with accrued interest, and premium if any, to such date
of redemption.
In the event there shall be a deficiency in the 1962 Bond
Redemption Fund to meet maturing installments of either interest on
or principal of and interest on the Bonds outstanding, 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 money in the
Current Water Fund first available after making necessary provision
for the payments into the 1955 Bond Redemption Fund and the 1962
Bond Redemption Fund.
All money in the Reserve Account may.be kept in cash or
invested in direct obligations of the United States of America having
a guaranteed redemption price or maturing not later than twelve years
from date of purchase, and in no event maturing later than the last
12.
maturity of the Bonds outstanding at the time of such purchase.
Interest earned on any such investments shall be deposited in and
become a part of the 1962 Bond Redemption Fund.
Section 9. The corporate authorities of the city hereby
declare~ in fixing the amounts to be paid into the 1962 Bond Re-
demption Fund and Reserve Account as prOvided herein, that they have
exercised due regard to the cost of maintenance and operation of the
System and the amount of the revenue of the System previously pledged
for the payment of the principal of and interest on the Outstanding
Prior Lien Bonds and Outstanding Parity Bonds of the city, and have
not obligated the city to set aside and. pay into said Fund an~ Account
a greater amount of the revenue of the System than in their judgment
will be available over and above such cost of maintenance and operation
and the charges necessary to pay the principal of and interest on such
outstanding bonds.
Section 10. The City of Bremerton hereby covenants with the
owner and holder of each of the Bonds as follows:
The covenants and agreements of the city containe~ in
Ordinance No. 2124 and. particularly in Sections 6, 10 and 11 thereof,
constituting agreements of the city protecting and safeguardLng the
security and rights of the holders of the Outstanding Parity Bonds,
shall be equally applicable to the Bonds~ shall inure to the benefit
of the holders from time to time of the Bonds~ and. are hereby made a
part of this ordinance with respect to the Bon~s as though fully set
forth herein.
The city hereby reserves the right to issue Future Parity
Bonds under the same terms, conditions and requirements and with the
same limitations and restrictions as provided in Section 11 of
Ordinance No. 2124 for the issuance of additional or refunding
revenuebonds on a parity with the Outstanding Parity Bonds~and the Bonds.
13.
Section 11. The sale of the Bonds to Marshall and Meyer,
Inc., investment bankers of Seattle, Washington, at par and accrued
interest, if any, to date of delivery, and under the terms and con-
ditions of the Bonds as set forth herein, is hereby in all respects
ratified and confirmed.
Upon the delivery of the Bonds the proper city officials
are hereby authorized and directed to deposit the proceeds of such
sale into the Bremerton 1957 Water and Sewer Revenue Bond Redemption
Fund and to use the same for the sole purpose of redeeming and re-
tiring the outstanding June 1, 1957 water and sewer revenue bonds
of the city numbered 26 to 318 inclusive.
Section 12. This ordinance is declared to be one necessary
for the immediate preservation of the welfare and property of the
City of Bremerton, Washington, and its inhabitants, and in order to
have the Bonds ready for delivery and the money on hand to redeem
such outstanding June 1~ 1957 water and sewer revenue bonds on June 1,
1962, it is hereby found necessary that this ordinance become effective
immediately. Therefore, an emergency is hereby declared to exist and
this ordinance is hereby declared to be in full force and effect from
and after its passage~ approval and publication as required by law.
PASSED UNANIMOUSLY by the Council of the City of Bremerton,
Washington, at a regular meeting thereof, signed by the Mayor~ and
attested by the City Clerk in authentication of such passage this
2d day of May, 1962.
CITY OF BREMERTON, WASHINGTON
~ayor
ATTEST:
City Clerk
APP~D AS TO FQRMl ~ /
' ' City Attorney
14.