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HomeMy WebLinkAbout2124 ORDINANCE NO. 2124 AN ORDINANCE of the City of' Bremerton, Washington providing for the issuance and sale of ~;1,300,000 of water and sewer rewenue bonds of the city for the purpose of providing funds to acquit®, construct and install part of the additions and improvements to ~nd extensions of the water sup- ply and distribution system of the city authorized by Ordinance No. 2102, providing the date, i~orm, 5erms, maturities and covenants of said bon~s to k~ issued, creating a Bond Redemption Fund for the payment of the prin- cipal of and interest on said bonds and a Reserve Account, providing cer- tain covenants and protective features safeguarding such payments, author- izing · the issuance of revenue bonds on a parity with such bonds ~o be is- sued, and declaring an emergency. WH~EREAS, by 0r~dinance No. 2102 of the city, passed and approved February 9, 195~, the issuance of water and sewer reven~e bonds in the total principal sum of not to exceed ~2,O00,O00 was authorized in order to provide funds to pay the cost of acquiring, constructing and install- ing certain additions and improvements to and extensions of the water supply and distribution system of the city, with which system ~he sanitary sewage disposal system of the city has been heretofore combined i~ the maturer provided by law; and WHEREAS, it has now been determine~ that it is to the best inter-'est of the city and its ~nhabitants that only certain of those additions and improvements to and extensions of said water system authorized in Section 1 of said Ordinance No. 2102 be acquired, constructed and installed at this time; and '~¥HEREAS, in order to provide the money necessary therefor it is deem- ed advisable that the city now issue and sell ~t public sale ~1,~00,000 of its water and sewer revenue bonds out o£ the ~2,000,000 of' such bonds so a~thoriz~d; and WHEREAS, pursuant to call duly and regularly made, the city will open ¢ids for the acquisition, construction and ins~llation of sai~ additions, improvements and extensions on September 12, 1955; and WHEREAS, in order to take advantage of present weather and water lev- el conditions, it is deemed necessary and advisable that sai~ bonds be sold, said contracts be let and work started thereunder as soon as possible; and ~'~HEREAS, it is further deemed necessary and advisable that provision be made for the issuanc~ of aditional water and sewer revenue bonds on a parity with the ~onds authoriz~ her~in if certain conditions may ~e met; NOW, THEREFORE, THE CITY OF BREi~iERTON ~0ES 0R~AIN: Sect. ion 1o As used in this ordinance the following words have th~ m~anings'hereinafter set forth unless the context indicctes that another m~aning is intended: (a) The word "System" shall mean the existin~ com0ined water and sew~ erage system of the city (combined by Ordinance No. 1848, passed and approve~ Auaust ~1, 1949) as the same will be added to, improved and extended out of the proceeds of ~he sale of the bonds authorized herein and as sai~ system may ~e later added to, improved and extended. (b) The word "Bonds" or the words "the Bonds" shall mean the water and sewer revenue bonds of the city issued pursuant to and for the purposes provi~ed].in this ordi~a~'~e. Section 2. The city shall acquire, construct and install the follow- ing ad¢~itions and improvements to and extensionsof the System provided ~or in Section 1 of Ordinance No. 2102, passed and approved February ~, 1955: A. A concrete dam with all appurtena~ces on the Union River at or near the west line of the southwest 1/4 of Section 2~, 'I'ownsh~p ~ North, Range 1 ~'. ~. ~., which dam will provide storage for approximately 1,$00,000,000 gallons of water. B. Complete the installation of pipe in the ~IcKenna Falls-Bremerton supply li~e, replace the temporary pipe previously installed in said line and, if found to be necessary, construct a settling b~sin or tank on said line in the southeast 1/4 of Section ~b, Township 24 North, Range 1 E° Acquire a site or sites for water reservoirs in East Bremerton. l'hat for the purpose of providin6 funds to acquire, construct and in- stall said additions and improvements to and extensions of the System, the city shall issue its water and sewer revenue bonds in the total principal sum of ~1,~00,000 out of the ~2,000,000 of such bonds authorized in said Ordinance No. ORDINANCE NO. 2124 (Con't) The!Bonds shall be dated October 1, 1955, shall be in denominations of $1,000 each, shall bear interest at a rate of not to exceed 6% per an- num payable semiannually on the first days of April and October of each year as evidenced by coupons to be attached to said Bonds, and shall be numbered and matur'e in order of their n~ber as follows: Bond Nos. Maturity Date Amount 1-5 October 1, 1956 $ 5,000 8-20 October 1, 1957 15,000. 21-35 October l, 1958 18,000 35-50 October 1, 1959 15,000 51~65 October 1, 1960 15,000 66-80 October 1, 1961 15,000 81,95 October 1, 1962 15,000 96-116 October 1, 1963 21,000 117-138 October 1, 1964 22,000 139-161 October 1, 1965 25,000 162-184 October 1, 1966 23,000 185-207 October 1, 1967 23,000 208-231 October 1, 1968 24,000 232-255 October 1, 1969 24,000 286-280 October 1, 1970 25,000 281-307 October 1, 1971 27,000 308-334 October 1, 1972 27,000 335-362 October 1, 1973 28,000 363-427 October 1, 1974 65,000 428-494 October 1, 1975 67,000 495-563 October 1, 1975 69,000 564-634 October 1, 1977 71,000 635-709 October 1, 1978 75,000 710-785 October 1, 1979 76,000 786-864 October 1, 1980 79,000 865-945 October 1, 1981 81,000 946-1029 October 1, 1982 84,000 1030-1116 October 1, 1983 87,000 1117-1207 October 1, 1984 91,000 1208-1300 October 1, 1985 93,000 Both principal ef 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, ~ashington, and shall be obligations only of the special Bond Redemption Fund hereinafter created. Section 3. The City of Bremerton hereby reserves the right to redeem any or all of the outstanding Bonds in inverse numerical order on any of the following interest Fayment dates at the following prices: On October 1, 1960 to and including April 1, 1962, at ~103 per ~100 par value On October 1, 1962 to and including April 1, 1964, at ~102 per ~100 par value On October 1, 1964 to and including April 1, 1965, at ~101 per $100 par value On October 1, 1965 and any interest pa~nent date thereafter, at par. Notice of any such intended redemption shall be given by one publi- cation thereof in the official city' newspaper not more than fortl nor less than thirty days prior to said redemption date and by mailing a like notice at ~he same ~ime to ~he person or persons, firm or firms, association or associations, corporation or corporations acting as manager or joint mana- gers of the account that purchases the Oonds at their sale by the city at its or their main place or places oL b~siness or to the successor or succes- sors in Ousiness of Said manager or joint managers, if a~y, at i~s or their main place or places of b~siness. Interest on any Bondor ~onds so called for redemption shall cease on such redemption date unless such Bond or ~onds are not redeemed upon pres- entation made pursuant to such call. Section 4. The Bonds shall be in substantially the following form: UNITED STATES OF AMERICa. NO · $1 ,~000 STATE OF WASHINGTON CITY GF BREMERTON ORDINANCE NO. 2124 (Con,t) KNOW ALL ~,~EN BY T~SE P~ESENTS: That the City of Bremerton, a municipal corporation of of the State of Washington, hereby acknowled[~jes itself to ow~ and for value received promises to pay to bearer on the first day of October, 19 , the principal sm of ONE THOUSAND ~LLARS Tog~ether with interest thereon at the rate of __~ per ann~ pay- able semiannually on the first ~ays of April and October of each year as evidenced by and upon presentation and surrender of the attached interest coupons as they severally become due. Both principal and in- terest are payable in lawful money of the United States of ~erica at the office of the City Treasurer in Bremertom, Washington, solely out of the special fund known as "Bremerton 1955 Water and Sewer Revenue Bond Redemption Fund~ create~ by Ordinance No. of the city. The city has reserved the right to redeem any or all of the out- standing bonds of this issue in inverse n~ertcal order on any of the following interest payment dates at the following prices: On October 1, 1960 to and including April 1, 196~, at ~103 per ~100 par value 0n October 1, 1962 to and including April 1, 1964, at $102 per ~100 par value 0n October 1, 1964 to and including April 1, 1965, at ~101 per ~$100 par value On October 1, 1965 and any interest pa~ent date thereafter, at par. Notice of any such intended redempci, on shall be given by one pub- lication thereof in theofficial city newspaper not more than forty nor less than thirty days prior to sai~ redemption date and 0y mailing a like notice at the ss~e time to as of the account that p~chased the bonds of the issue of which this is one at their sale by the Oity at of 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 ~ount, date and tenor in the total principal s~ of ~1, 300, 000, which 0onds are issued pursuant to laws of the State of Washington and ordinances 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 comoined system. The City of Bremerton here0y covenants and agrees with the holder of this bond that ~t will keep and perform all the covenants of this bond and of Ordinances No. 2102 and No. to be by it kept and per- formed. ...... 2he city 5Des hereby pledge and ~nd itself to set aside out of the money in the Current Water ~ndof the city and to pay into said Bond Re- demption Fund and the Reserve Account created therein by sai~ Ordinance No...~... the various amounts required Oy said ordinance to be paid into and maintain in s~id Fund ~nd Account, all within the times provided by said ordinance. Said amounts so 'pledged are here0y declared to be a prior lien and charge upon the money in said Current Water ~nd superior to all other ch~:~rges of any kind or nature except the necessary cost of maintenance and operation of sai~ combines system and except the charges necessary for the pa~cnt of the pFincipal of and interest on the out- standing water and water and sewer revenue bonds oi the city issued under dates of ~'!ay 1, 1942 and October 1, 1949, respectively. The city has further bound itself to maintain said system in Eood repair, workings; ordei~ and condition, to operate the same in an efficient manner a~nd at ::~ reasonable cost, and to establish, maintain and collect rates and charges for water and sewage disposal service that will pro- vise revenue sufficient to pay the necessary cost of maintenance and op- eration of said combined system, the charges necessary for the pa~ent of the principal of and interest on said Outstanding water and water and sewer revenue 0onds, and to pay into said Bond f~edemption Fund and t~eserve Account the amo~ts which the city has pledaed to be set aside therein. O~DINANCE NO. 2124 (Cch't) It is hereby certified and declared that the Oonds of this issue are issued pursuant to and in struct oomp!iance with the Constitution and laws of 'the State of Washington and ordinances of the City of Bremerton, and that all acts, conditions and things required to be 8one precedent to and in the issuance of this bond have happened, been done and performed. IN WITNESS '~HE~EGF, the City of Bremerton, Washington, has caused this bond to be signed by its ~/[ayor, attested by its Clerk, the corporate seal of the city to be impressed hereon, and the interest coupons attach- ed hereto to be signed with the facsimile signatures of said officials, this first day of October, 1955. CITY OF BREi¥1ERTON,~GTON City Clerk The interest coupons to ~e attached to said~bonds shall be in sub- st~ntially the following form: NO, On the first day of ,19~, the City of Bremen'ton, Washington, will pay to bearer at the office of the City Treasurer in Bremerto~ the stun of DOLLARS in lawful money in the United States of Amercia out of the speck"al fund of the city known as "Bremerton 1955 Water and Sewer Revenue Bond Redemption Fund, being the simi~nnual interest due that day on its water and sewer rev- enue bond dated October 1, 1955, and n~bered . CITY OF BR;~i¥1ERTON, '~ON ATTEST: City Clerk Section 5. The Bonds shall Oe signed on behalf of the city by its l~layor, shall be attested by the City Clerk, and shall have the corporate seal of the city impressed thereon. The interest coupons ~ttache~ to the ~onds shall Oe signed with the facsimile signatures of said officials. Section 6. That there has been heretofore cre~ted a special fund of the city known as the "Current Water Fund'~ -~11 of the gross earnings and revenue of the System shall be pain into the Curz'ent Water Fund collected. Ail costs of maintaining and operating the System, all charges for the pa~ent of the principal of and interest on the outstanding w~ter and w~ter and sewer revenue bon~s of the city issued ~der dates of ~,~ay 1, 1942 and October 1, 1949, respectively, all costs of improvements, addi- tions, betterments and repairs to and replacements and extensions of the System (except when the s~e are financed ~y the issuance of bonds or cou- pon warrants), all pa~ents required to Oe maSe into the Bond Redemption Fund and Reserve Account hereinafter created, ~d all p~'~ents which may be required by subsequent ordinances of t~e city to ~ made into any bond redemption fund and/or reserve account created for the purpose of paying or guaranteeing the payment of the principal of an5 interest on any sub- sequently issued water and sewer revenue bonds of the city shall be paid out of the Current Water Fund. Section 7. That there Oe ::~n~.~ is hereby created another special fund of the city to be known as the "Bremerton 1955 ~ater and Sewer Revenue Bond Redemption Fund" (herein called the "Bond Redemption Fund"), which Fund is to be drawn uFon for t[~e sole purpose of paying the principal of and interest on the Bonds as the s~ae s~all become due. From and ~fter ~he date of the Bonds, and for as long as any of the s~e are outstanding and unpaid, the City Treasurer shall set aside and pay into ~he Bond ReSem?tion ~und out of the C~r~nt Water F~d, at least thirty days prior to the r~:.spective dates on which the interest or princi- pay and interest of the Bonds shall Oecome due and payable, the ~ount of suc~ interest or principal and interest next becoming due on the Bon~s outs t anding. ~hen th~,e is sufficient money in the Bond Redemption Fund and the [~ese~ve Account hereinafter created to pay the principal of ~,d~ interest ORDINANCE N0. 2124 (Con't) on all 'the outstanding Bonds, then no further payments.need be made into the Bond Redemption Fund. Said ~unounts so pledged to be paid into the gond Redemption Fund and hereinafter pledged to ne paid into said Reserve Account are hereby declared to be a prior' lien and charge upon the money in the Current Wat- er Fund superior to all o'sher charges of any kind or nature escepn the necessary costs of maintena~ce and operation of the System and except the ch~r~es on the money in said ~und necessary for the payment of the principal of and interest on the outstanding water and water and sewer revenue 0onds of' the city issued under dates of May 1, 1942 and October 1, 1949, respectively. Section 8. A Reserve account is hereby created in the Bond Medemp- tion Fund, and the city hereby a~:~rees that it will set aside a~-~_d pay in- to said Reserve Account out of the moneys in its Cuz~rent Water ~n~-] on or before October first of each year co~mnencin6 with the year 1956 'the stun of not less t~an ~13,000 until the stun of ~91,000 has been paid into said Reserve Accoant. The city further a_rees that when said s~nn of ~91,000 has 0een paid into the Reserve Account it will at all times maintain that amount there- in until there is a sufficient amoun~ in the Bond ~edemption Fund and Reserve Account to pay the principal of and interest on all the outstand_-_ iflg Bonds. In the event there shall ~e a deficiency in the ~ond Redemption Fund to meet maturing installments of either principal of or interest on the Sonde, such deficiency shall be made up from the Reserve Account by the withdrawal of sash therefrom. Any deficiency created in the Reserve Ac- count by re,son of any such withdrawal' shall then 0e made up from moneys in the Current Water i,:und first available after making necessary provis- ton:'for the required payments into the ?ond !~ede~'.~'pt~cr', AIl money [¥-,. f;ke '-~.~.~.~:~:~rve Account may 'be kept ~n cash or invested in direct obligations of the United States having a guaranteed redemption price, or in United States obligations maturing not later than twelve years from date of purchase and in no event maturing later than the last 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 5ond Redemption Fund. Section 9. The corporate authorities of the city hereby declare, in fixing the amounts to be paid into t~e Bond [~edemption Fund and Re- serve Account as ~rovided herein, that they have exercised due ~ reg~r~ to the cost of mai~:tenance and operation of the System and the amount of the revenue of the System previously pledged for the payment of the prin- cipal of and interest on the outstanding water and water and. sewer rev- enue bonds of the city, andhave not o~ligated the city to set aside and pay into said Fund and Account a greater amount of the revenue of said System than in their judgment will be available over and above suc[~ cost of maintenance and operation and ,the amounts necessary to pay the prin- cipal of and interest on such outstanding water and water and sewer rev- enue bonds. Section 10. The City of Bremerton hereby covenants with the owner and holder of each of the Bonds as follows: (a) '[~bat it will establish, maintain and collect rates and charges for water and sanitary sewage collection and disposal service for ss long as any of the Bonds are outstanding which shall provide sufficient revenue to meet all obli~ations of the city as herein set forth, iaclud- ing] the payment of' the cost of maintenance and operation of the System, the payment of the amounts necessary to pay the principal of and interest on the outstandin~ water and water and sewer revenue bonds of the city issued under dateof ~iay 1, 194~ and October 1, 1949 respectively, the paymen't of the amounts necessary to pay the pFincipal of and interest on the ~onds, and on any ~nd all water and sewer revenue bonds that may be issued on a parity with the Bonds. (b) ±'hs.t it will at all times maintain and keep the oyst~m in good repair, working order and condition, and will at all times operate the System and the business in connection therewith in an efficient manner and at a reasonable cost. (c) That it will not sell or dispose of any of the properties of the System (unless the same are no longer used, useful or necessary in the opera'tion thereof) unless provision is made for payment into the Bond Redemption Fund of a sum sufficient to pay the principal of and tek'est on the outstanding Bonds in accordance with the terms thereof. O~DINANCE 2124 (Con't) Section 11o A. That it will not create any special fund or funds for the payment of any other water and sewer revenue bonds, including the remaining bonds authorized by Ordinance No. 2102, that will rank on a par- ity with or have any priority over tile payments out of the Cur~,ent Water Fund into the Bond Redemption Fund and iReserve Account created herein, except that the city reserves the right, for First, the purpose of acquiring, constructing and installing addi- tions and improvements to a~nd extensions of, acquiring necessary equip- ment for, or making necessary replacements of or repairs to equipment or making capital improvements to the System, or Second, the purpose of refunding or purchasing and retiring at or prior to 'their maturity any outstandina revenue bonds or coupon.~warrants of the city that may have a lien upon the money in the Current ~ater Fund for t!~e payment oi' 'the principal thereof and interest thereon junior and inferior to the lien on ~he money in such Current Water Fund for the pay- ment of the principal of and interest on the Bonds, to issue additional cz, refunding revenue bonds therefor and to create a special fund or funds for the payment of the principal thereof and inter- est thereon into which fund or funds payments may be made from the Cur- rent Water ~'und sufficient to pay the principal of and interest on such additional or re±'unding bones an to maintain 'the required reserves there- for which such payments may rank equally with the payments out of the C~r- rent Water Fund into the Bond Redemption Fund and Reserve Account created herein upon compliance with the following conditions~ (1) ~'hat at the time of the issuance of such ~dditional or refund- ing revenue bonds there is no deficiency in the Bond Redemption Fund or Reserve Account created her~in or in any bond redemption fund or reserv~ account which may have been created for the payment of the principal of and interest on any revenue Oon~s issued on a p~rity with the Bonds and prior to the issuance of such additional or refunding bonds; and (~) That each ordinance providing for the issuance of such addi- tional or refunding revenue bonds shall create a bond redemption fund for the payment of the principal thereof and interest thereon and shall also create a reserve account in such bond redemption fund for the purpose of making up any deficiency therein, and each such ordinance shall provide for the payment into such reserve account within seven years from the d~te of issuance of such additional or refundins bonds of a sum. at least equal to the average amount required each calendar year for debt service on such additional or refunding bonds; and (3) That at the time of the issuance of such additional or refund- ing revenue bonds the city shall have on file a certificate from an in- dependent licensed professional engineer or engineering firm showing that the annual average ne~ revenues of the System for any thirty-six consec~.- tire months of the forty-eight months next preceding the issuance of such additional or refundin~ bonds, plus his estimate of the annual net reven- ues to be derived from the operation of the additions and improvements to or extensions of the System acquiz~ed, constructed or installed out of the proceeds of the saia of such additional bonds will equ~l at least 1.4 times the maximum ~mount required to ce paid in any calendar year ~hereafter for principal of and interest ~n ~11 outstanding revenue bonds payable out of the revendes of the System, including the principal of and interest on such ~dditional or refunding revenu® bonds. The words "net revenu®~~' as used in subparagraph (3) immediately above sh~ll Oe construed as the d mount remaining from the gross operating reven- ues of the System ~fter deducting therefrom all costs of operating and maintaining the System but before depreciation. B. That it further reserves the right to issue refunding revenue bonds and to create a special fun~ or funds for 'the payment of the princi- pal 6hereof and interest thereon into which fund or funds payments may be made out of the Current ~ater Fund suI'ficient to pay the principal 'thereof and interest thereon and to maintain the required reserves there- For which such payments may ranR equally with ohe payments out of such Current Water Fund into the Bond Redemption Fund and Reserve Account cre- ated herein upon compliance with the following conditions~ (1) Such refunding revenue bonds or the proceeds of their sale are used to exchang'e with or purchase and retire prior to their maturity an equal principal, amount of the outstanding water or water and sewer rev- enue bonds of the city issued under dates of May 1, 1942 and October 1, 1949 respectively, or any part thereof, an eq~al principal amo~mt of the Bonds or any part 'thereof, and/or an equal principal amount of any or ~11 other reven~e bonds whic~ may be hereafter issued on a parity with the Bonds or any part thereof; and (2) 'i'he issuance of such refundin[i revenue bonds and retirement of outstandin~j bonds does not require a greater amount to be paid out of the Current ~ater Fund in any calend~r year thereafter for the principal ~nd interest of the refunding revenue bonds to be issued than required ORDINANCE NO. 2124 (ton't) to be paid out of such Fund in any calendar year thereafter for the principal and interest of the bonds to be redeemed; and (3) ~hat the city will require in the ordinance providing for the issuance of such refunding revenue bonds and creating the fund for the payment of the principal thereof and ~.nterest thereon for pay- ments into a reserve account to be created in such fund in the propor- tionate amount and as required in Section 11 A (2) above; provided, that any moneys in a reserve account created to guarantee payments of the principal of and interest on the bonds being refunded may be trans- ferred to the reserve account required to be created in this subpara- graph. C. Nothing herein contained shall prevent the city from issuing revenue 0onds or waz'rants which are a charge upon the money in the Cur- rent Water Fund junior or inferior to the payments required to be made out of said Fund into the Bond Redemption Fund and Reserve Account cre- ated herein. Section 12. The Bonds shall be.:sold at public sale, the time, date a~d place of which is hereby fixed at 11:30 a.m., October 5, 1955, at the City Hall in Bremerton, Washington. The City Clerk is hereby authorized and directed to cause a notice of the sale of said Bonds to be pu01ished 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 fifteen days prior to the date of such sa, lc. Upon the sale of the Bonds, the proper city officials are hereby authorized and directed to do everything necessary for the prompt is- suance, execution and delivery of the Bonds to the purchaser thereof and for the proper use and application of the fun~s derived from such sale. Section 13. Phis ordinance is declared to be one necessary toP the immediate preservation of the public welfare and proper'ty of the people of the City of Bremerton, and it is hereby found necessary for the best interests and operation of the Water Department that ~he same become effective i~nediately. ~herefore, an emergency is hereby de- clared to exist, and this ordinance is hereby declared to be in full force and effect from and after its psssage, approval and publication as provided by law. PASSED UNANI}iOUSLY by the City Council of the City of Bremerton, Washinjton, st ~ regular m~eting thereof, s~dr~ed by the Mayor, and at- tested by the City Clerk in authentication of such passage, this 14th day of September, 1955. CITY OF BREMERTON, ~SHINGTON By~ ATTEST: Mayor City Clerk APPROVED AS TO FORM: /s~ 8ichard Thor~rimson Of P~ESTON, PHORGR!MSON & HOROW!TZ Special Bond Counsel for the City