HomeMy WebLinkAbout2225 ORDINANCE NO. ~225
AN ORDINANCE of the City of Bremerton, Washington, providing for
the issuance and sale of $350,000 of water and sewer revenue bonds of
the City out of the $2,000,000 of such bonds authorized by Ordinance
No. 2102 of the city for the purpose of providing funds to acquire,
construct and install certain additions and improvements to and exten-
sions of the combined water and sewerage system of the city as author-
ized by said ordinance; providing the date, form, terms and maturities
of said bonds to be issued; creating a special fund for the payment of
the principal thereof and interest thereon and a Reserve Account; and
providing and adopting certain covenants and protective features safe-
guarding the payment of such principal and interest; and declaring an
emergency.
WHEREAS, by Ordinance No. 2102 of the city, passed and approved
February 9, 1988, the issuance of water and sewer revenue bonds of the
city in the total principal sum of not to exceed $2,000,000 was auth-
orized in order to provide funds to pay the cost oi' acquiring, construc-
ting and installing certain additions and improvements to and extensions
of the water supply and distribution system of the city with which sys-
tem the sanitary sewage disposal systemI Of the city was theretofore com-
bined in the manner required by law; and
WHEREAS, pursuant to Ordinance No. 212A of the city, passed and ap-
proved September 14, 195~, $1,300,000 of such bonds, dated October l,
1988, were issued and sold in order to provide funds to pay the cost of
acquiring, constructing and installing part of such additions, improve-
ments and extensions authorized in subparagraphs A and B of Section i of
said Ordinance No. 2102 and to acquire a site or sites for water reser-
voirs in East Bremerton as authorized in subparagraph E. of said Section
l; and
ORDINANCE NO. 2225 (CON'T)
WHEREAS, due to rising costs and other unforseeable factors, the
proceeds of the sale of said bonds were only sufficient to carry out
subparagraph A and to acquire a site for a water reservoir in East Brem-
erton, and it is now deemed necessary that the additions and improvements
described in subparagraphs B and C of Section I of said Ordinance No.
2102 be acquired, constructed and installed and that the city construct
a reservoir on the site therefor acquired in East Bremerton as authorized
in subparagraph E of said Section I of said ordinance; and
WHEREAS, to provide the funds necessary to acquire, construct and
install such additions, improvements and extensions it is deemed neces-
sary that the city now issue and sell $350,000 more of said $2,000,000
of bonds authorized by said Ordinance No. 2102; and
WHEREAS, Section ll of Said Ordinance No. 2124 provided that water
and sewer revenue bonds of the city could be issued on a parity with the
outstanding bonds of said October l, 1955 issue if certain conditions
were met; and
WHEREAS, it is to the best interest of the city and its inhabitants
that the water and sewer revenue bonds authorized herein be issued on a
parity with said outstanding water and sewer revenue bonds of the city
issued under date of October l, 1955, and it appears to the Council and
the Council does hereby find that the conditions required in Section ll
of said Ordinance No. 2124 have been and at the time of the issuance of
the bonds authorized herein will be met, and that such $350,000 of water
and sewer revenue bonds may now be issued on a parity with such outstand-
ing October l, 1955 water and sewer revenue bonds of the city; and
WHEREAS, the city also has outstanding $394,000 of its water and
sewer revenue bonds issued under date of October l, 1949, which bonds
constitute a first lien upon the revenues of the combined water and sew-
erage 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 meanings hereinafter set forth:
(a) The word "Bonds" shall mean the $350,000 of water and sewer
revenue bonds of the city issued pursuant to and for the purposes pro-
vided in this ordinance and as originally authorized by Ordinance No.
2102 of the city.
(b) The word "System" shall mean the existing combined water and
sewerage system of the city as the same will be added to, improved and
extended out of the proceeds of the sale of the Bonds and as it may lat-
er be added to, improved and extended for as long as any of the Bonds
are outstanding.
(c) The words "Outstanding Prior Lien Revenue Bonds" shall mean
the water and sewer revenue bonds of the city issued under date of Oct-
ober l, 1949, of which there are now outstanding bonds in the total
principal sum of $394,000.
(d) The words "Outstanding Parity Revenue Bonds" shall mean the
water and sewer revenue bonds of the city issued under date o~ October
l, 1955, of which there are now outstanding bonds in the total princi-
pal sum of $1,295~000, and with which the Bonds will be on a parity.
The Outstanding Prior Lien Revenue Bonds and the Outstanding Par-
ity Bonds are the only revenue bonds of the city outstanding at this
time with the principal thereof and interest thereo~ payable out of the
Current Water F~uud of the city.
(e) The words "Current Water Fund" shall mean the fund of the city
heretofore created, into which all gross earnings and revenue of the
System must be paid.
(f) The words "1955 Revenue Bond Redemption Fund" shall mean the
Bremerton 1955 Water and Sewer Revenue Bond Redemption Fund and the Re-
serve Account therein created by Sections 7 and 8 of Ordinance No. 2124
for the purpose of paying and guaranteeing the payment of the principal
of and interest on the Outstanding Parity Revenue Bonds.
Section 2. The Council hereby finds and determines, as required by
Section ll of Ordinance No. 2124, as fol&ows:
ORDINANCE NO. 2225 (CON'T)
First, that the Bonds are issued for the purpose of acquiring, con-
structing and installing additions and improvements to and extensions of
the System.
Second, that at the time of the adoption of this ordinance and at
the time of the issuance and delivery of the Bonds there is not nor will
there be aw deficiency in the 1955 Revenue Bond Redemption Fund.
Third, that the Council has been assured that at the time of the is-
suance of the Bonds it will have on file a certificate from John W. Cun-
ningham, an independent licensed professional engineer and member of the
firm of John W. Cunningham & Associates, consulting engineers of Portland,
Oregon, showing that the annual average net revenues of the System for
thirty-six consecutive months of the forty-eight months next preceding
the issuance of the Bonds, plus his estimate of the annual net revenues
to be derived from the operation of the additions and improvements to and
extensions of the System acquired, constructed and installed out of the
proceeds of the sale of the Bonds will equal at least 1.4 times the max-
imam amount required to be paid in any calendar year hereafter for princi-
pal of and interest on the Outstanding Prior Lien Revenue Bonds, the Out-
standing Parity Revenue Bonds, and the Bonds.
The limitations contained in Section ll of Ordinance No. 2124 having
been complied with or assured in the issuance of the Bonds, the payments
into the 1957 Water and Sewer Revenue Bond Redemption Fund created in this
ordinance for the payment of the principal of and interest on the Bonds
and the payments into the Reserve Account created in said 1957 Bond Redemp-
tion Fund required by this ordinance shall con~itute a lien and charge up-
on the moneys in the Current Water Fund equal in rank with the lien and
charge upon the moneys in such Fund for the payments required to be made
into the 1955 Revenue Bond Redemption Fund for the purpose of paying and
guaranteeing the payment of the principal of and interest on the Outstand-
ing Parity Revenue Bonds.
Section 3. The city shall acquire, construct and install the follow-
ing aaditions and improvements to and extensions of the System provided
for in Section i of Ordinance No. 2102, passed and approved February 9,
1955:
B. The city shall complete the installation of pipe in the McKenna
Falls-Bremerton supply line, replace the temporary pipe previously in-
stalled in said line, and shall construct and equip a cjlorine house on
said line.~near McKenna Falls.
C. The city shall construct and install a new water main ~cross
the Port Washington Narrows on the bridge now being erected.
E. The city shall construct an earth-covered reservoir of reinforc-
ed concrete in East Bremerton on a'site acquired therefor, and shall al-
so reconstruct and improve existing reservoirs in the East Bremerton area.
That for the purpose of providing funds to acquire, construct and
install said additions and improvements to and extensions of the System,
the city shall issue the bonds out of the $2,000,000 of such bonds auth-
orized by said Ordinance No. 2102.
The Bonds shall be dated June l, 1957, shall be in denominations of
$1,000 each, shall bear interest at a rate of not to exceed 6% per annum
payable semiannually on the first days of June and December of each year
as evidenced by coupons to be attached to said Bonds, and shall be number-
ed and mature in order of their number as follows:
Bond Nos. Maturity DaSe Amount
1-5 ~une l, 1958 $ 5,000
6-10 June l, 1959 5,000
ll-15 June l, 1960 5,000
16-20 June l, 1961 5,000
21-25 June l, 1962 5,000
26-35 June 1, 1963 10,000
36-45 June l, 1964 lO,000
46-55 June l, 1965 10,000
56-66 June 1, 1966 11,000
67-77 June 1, 1967 11,000
78-88 June l, 1968 ll,000
89-100 June l, 1969 12,000
1Ol-ll3 June l, 1970 13,000
Bond Nos. Maturit~ Date Amount
$
114-126 June l, 1971 13,000
127-139 June 1, 1972 13,000
140-153 June 1, 1973 14,000
154-167 June 1, 1974 14,000
168-181 June 1, 1975 14,000
182-196 June 1, 1976 1S,O00
197-211 June 1, 1977 15,000
212-227 June 1, 1978 16,000
228-243 June 1, 1979 16,000
244-260 June 1, 1980 17,000
261-277 June 1, 1981 17,000
278-295 June 1, 1982 18,000
296-313 June 1, 1983 18,000
314-331 June 1, 1984 18,000
332-350 June 1, 1985 19,000.
Both principal of and interest on the Bonds shall be payable in law-
ful money of the United States of America at the office of the City Treas-
urer in Bremerton, Washington, and shall be obligations only of the spec-
ial 1987 Bond Redemption Fund hereinafter created.
Section 4. The city hereby reserves the right to redeem any or all
of the Bonds outstanding in inverse numerical order on any of the follow-
ing interest payment dates at the following prices expressed as a percent-
age of the principal amount:
June l, 1962 to and including December l, 1963 at 103
June l, 1964 to and including December l, 1968 at 102
June l, i966 to and including December l, 1966 at 101
June l, 1967 and thereafter at 100.
Notice of any such intended redemption shall be given by one publi-
cation 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 the manager or Joint managers of the account
that purchases the Bonds at their sale by the city at its or their main
place~or places of business, or to the successor or successors in business
of said manager or joint managers, if any, at its or their main place or
places of business. Interest on any Bond orBonds so called for redemp-
tion shall cease on such redemption date unless such Bond or Bonds are
not redeemed upon presentation made pursuant 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 BOND
1957
KNOW ALL MEN BY THESE PRESENTS:
That the City of Bremerton, a municiapl corporation of the State of
Washington, hereby acknowledges itself to owe and for value received pro-
mises to pay to bearer on the first day of June, 19., the principal sum
of ONE THOUSAND DOLLARS
together with interest thereon at the rate of . % per annum payable semi-
annually on the first days of June and Decembe~ of each year as evidenced
by and upon presentation and surrender of the attached interest coupons
as they severally become due. 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 1957 Water and Sewer Revenue Bond
Redemption Fund" created by Ordinance No. of the city.
The city has reserved the right to re~ee~ any or all of the outstand-
ing bonds of this issue in inverse numerical order on any of the follow-
ing interest payment dates at the following prices expressed as a percent-
age of the principal amount:
June l, 1962 to and including December l,
June l, 1984 to and including December l, 1965 at 102
June l, 1966 to and including December l, 1966 at 101
June l, 1967 and thereafter at 100.
Notice of any such intended redemption shall be given ~y one publica-
tion thereof in the official city newspaper not more than forty nor less
than thirty days prior to said redemption date and by mailing a notice at
the same time to as of the account
that purchased these bonds at their sale bY the city'at
ORDINANCE'NO. 2225 (CON'T)
or to the in business of said ,if
any, at .
This bond is one of an issue of water and sewer revenue bonds of the
city of like amount, date and tenor in the total principal sum of $350,000~
which bonds are issued pursuant'to laws of the State of Washington and Ord-
inances of the city for the purpose of providing funds to acquire, construct
and install certain additions and improvements to and extensions of the
combined water and sewerage system of the city and are payable solely out
of the gross revenue of said ~mbined system.
The City of Bremerton hereby covenants and agrees with the holder of
this bond that it will keep and perform all the covenants of this bond and
of Ordinances No. 2102, No. 2124, and No. to be by it kept and per-
formed.
The city does hereby pledge and bind itselt to set aside from the mon-
ey in its Current Water Fund, and to pay into said Bond Hedemption Fund and
the Reserve Account created therein by sai~! Ordinance No, , the various
amounts required by said ordinance to be paid into and ma~-~ined in said
Fund and Account, all within the times provided by said ordinance. 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 prin-
cipal of and interest on the outstanding water and sewer revenue bonds of
the city issued under date of October l, 1949, and equal in rank with the
charges upon the money in said Current Water Fund for the payment of the
principal of and interest on the outstanding water and sewer revenue bonds
of the city issued under date of October l, 1955.
The city 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 collect rates and charges for water and sanitary sewage dis-
posal service that will provide revenue sufficient to pay the necessary
cost of maintenance and operation of said combined system, .to pay the a-
mounts 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
1957 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 ~nd and the bonds of
this issue are issued pursuant to and ins trict compliance with the Consti-
tution and laws of the State of Washington and ordinances of the City of
Bremerton, and that all acts, considitons and thin~s required to be done
precedent to and in the issuance of this bond have happened, been done and
performed.
IN WITNESS WHEREOF, the City of Bremerton, Washington, bas caused this
bond to be signed by its Mayor, to be attested by 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, 195V.
CITY OF BREMERTON, WASHINGTON
By
ATTEST:
Mayor
City Clerk
The interest coupons to be attached to the Bonds shall 'be in sub-
stantially the following form:
NO. $
On t-'~irst 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 o~f America out of the spec-
ial fund of the city known as "Bremerton 1957 Water and Sewer
Revenue Bond Redemption Fund," said sum being the semiannual
interest due that day on its water and sewer revenue bond dat-
ed June 1, 1957, and numbered .
CITY OF BHEMERTON, WASHINGTON
ATTEST: By.
Mayor
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 o£ said officials.
Section 7. That there be and is hereby created a special fund of the
city bo b~ knSwn as "Bremerton 1957 Water and Sewer.Revenue Bond Redemption
Fund" (herein-called the "1957 Bond Redemption Fund"), which Fund is to be
drawn upon for the sole purpose of paying the principal of and interemt on
the Bonds outstanding ~s the same shall become due.
From and after the date of the Bonds and fo~ as long as any of the same
are outstanding and unpaid, the City Treasurer shall set aside and pay into
the 1957 Bond Redemption Fund out of the Current Water Fund, at least thir-
ty days prior to the respective dates on which the interest on or principal
of and interest on the Bonds shall become due, bhe 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. ~124 to be made into the 1955 Revenue Bond Redemption Fund.
When there is sufficient money in the 1957 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
~uch redemption date. then no further payments need be made into the 1957
Rend Redemption Fund.
Said amounts so pledged to be paid into the 1957 Bond Redemption Fund
and the Reserve Account therein are hereby declared to be a prior lien and
charge upon the money in the 6urrent Water Fund superior to all other char-
ges of any kind or nature except the necessary cost of maintenance and op-
eration of the System and the charges necessary for the pa~nent of the
principal of and interest on the Outstanding Prior Lien Revenue Bonds, and
equal in rank to the charges upon the money in such Current Water Fund for
the payments required for the payment of the principal o2'~and interest on
the Outstanding Parity Revenue Bonds.
Section 8. A Reserve Account is hereby created in the 195V Bond Redemp-
tion 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 $20,000 by October l, 1962. The city further agrees
that it will meet such obligation by the payment of at least $4,000 per each
12-month period ending on September 30 of the calendar years 1958 to 1962,
inclusive.
The city further agrees that when said sum of $20,000 has been paid
therein, it will at all times maintain that amount therein until there is
a sufficient amount in the 1957 Bond Redemption Fund and this Reserve Ac-
count to redeem and retire all of the Bonds outstanding with accrued in-
terest to such date of redemption.
In the event there shall be a deficiency in the 1957 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 defi-
ciency created in the Reserve Account by reason of any such withdrawal
shall then be made up from money in the Curren~ ~ater Fund first available
after makin~ necessary provision for the payments into the 1958 Revenue
Bond Redemption Fund and the 1957 Bond Redemption Fund.
All money in the Reserve Account may be kept in cash or invested in
direct obligations of the United States having a guaranteed redeption price
or maturing not later than twelve years from date of purchase and in no e-
vent maturing later than the last maturity of the Bonds outstanding at the
time of purchase. Interest earned on any such investments shall be deposit-
ed in and become a part of the 1957 Bond Redemption Fund.
Section 9. The corporate authorities of the city hereby declare, in
fixing the amounts to 0e paid into the 1957 Bond Redemption Fund and Reserve
Account as provided herein, that they have exercised due regard to the cost
of maintenance and operation of the Oystem and the amount of the revenue of
the System previously pledged for the payment of the principal of and in-
terest on the Outstanding Prior Lien Revenue Bonds and Outstanding Parity
Revenue Bonds of the city, and have not obligated the city to set aside and
pay into said Fund and Account ~ greater amount of the revenue of the Sys-
tem than in their Judgment will be available over and above such cost of
maintenance and operation and oho charges necessary to pay the principal of
and interest on such outstanding bonds.
Section lO~ The City of Bremerton hereby covenants with the owner and
holder of each Of the Bonds as follows:
The provisions of Sections 6, l0 and ll of Ordinance No. 2124 of the
city are hereby incorporated in this ordinace as if set forth herein and
by such incorporation are made applicable to the Bonds and shall inure to
the benefit of the holders from time to time of the Bonds, and are hereby
ORDINANCE NO. 2225 (CON'T}
made a part of this ordinance with respect to the Bonds as though fully
set forth herein.
The city hereby reserves the right to issue additional or refunding
revenue bonds on a parity with the Bonds upon the same terms, conditions
and requirements and with the same limitations and restrictions as pro-
vided in Section ll of Ordinance No. 2124 for the issuance of additional
or refunding revenue bonds on a parity with the Outstanding Parity Rev-
enue Bonds.
Section ll. The Bonds shall be sold at public sale, the time, date
and p~ace of which is hereby fixed at ll:00 o'clock A.M. on May 22, 1957,
at the Council Chambers in ~he City Hall in Bremerton, Washington.
The City Clerk is hereby authorized and directed to cause a notice
of sale of the Bonds to be published at least once in the official city
newspaper and at least once a week for two consecutive weeks in the
Seattle Daily Journal of Commerce, the first of each such publications
to be at least ten days prior to the date of such sale.
Upon the sale of the Bonds the proper city officials are hereby auth-
orized and directed to do everything necessary for the prompt execution
and issuance o£ the Bonds and the delivery of the same to the purchaser
thereof, and for the proper use and application of the funds derived from
such sale. .
Section i2. This ordinance is declared to be one necessary for the
immediate preservation of the h alth, welfare and property of the City
of Bremerton and its inhabitants, and in order to construct the improve-
ments provided for herein under the best weather condftions it ishereby
found necessary for the best interest and operation of the Water Depart-
ment of the city that the same become effective immediately. ~'herefore,
an emergency is hereby declared to exist, and this ordinance is hereby
declared to he in full force and effect from and after its passage, ap-
proval and publication as provided by law.
PASSED UNANIMOUSLY by the Council of the City of Bremerton, Washing-
ton, at a regular recessed meeting thereof, signed by the Mayor, and at-
tested by the City Clerk in authentication of such passage this 28th day
of April, 1~57.
CITY OF BREMERTON, WASHINGTON
ATTEST: By ~
yor
City cler~
APPROVED AS TO FORM:
s/ Richard Thorgrimson , Partner
f PREST0~, THO[IGRIMSON & HOROWITZ
Special Bond Counsel for the City