HomeMy WebLinkAbout2271CITY OF PORT ANGELES, WASHINGTON
GENERAL OBLIGATION BOND ANTICIPATION NOTE, 1983
$93,334
ORDINANCE NO. aai 1
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PORT ANGELES, WASHINGTON, AUTHORIZING THE
PURCHASE OF CERTAIN REAL PROPERTY; AUTHORIZING
ISSUANCE OF LIMITED TAX LEVY GENERAL OBLIGA-
TION BONDS; PROVIDING FOR THE ISSUANCE AND
SALE OF A LIMITED TAX LEVY GENERAL OBLIGATION
BOND ANTICIPATION NOTE OF THE CITY; PROVIDING
FOR THE SALE OF SAID NOTE AND PROVIDING FOR
THE DISPOSITION OF THE PROCEEDS OF SALE OF
SUCH NOTE.
Prepared by:
PASSED: ,g1 , 1983
PRESTON, THORGRIMSON, ELLIS & HOLMAN
2000 IBM Building
Seattle, Washington 98101
TABLE OF CONTENTS
Page
Recitals 1
Section 1. Definitions 1
Section 2. Authorization of Land Acquisition 2
Section 3. Authorization of Bonds 2
Section 4. Authorization of Note 3
Section 5. Prior Redemption 4
Section 6. Application of Note Proceeds 4
Section 7. Note Fund 5
Section 8. Form of Note 5
Section 9. Execution of the Note 9
Section 10. General Authorization 9
Section 11. Sale of Note 9
Section 12. Severability 9
Section 13. Effective Date 9
',This Table of Contents is not a part of the Ordinance. It is
provided for convenience of the reader only.
•
ORDINANCE NO. X0/
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PORT ANGELES, WASHINGTON, AUTHORIZING THE -
PURCHASE OF CERTAIN REAL PROPERTY; AUTHORIZING
ISSUANCE OF LIMITED TAX LEVY GENERAL OBLIGA-
TION BONDS; PROVIDING FOR THE ISSUANCE AND
SALE OF A LIMITED TAX LEVY GENERAL OBLIGATION
BOND ANTICIPATION NOTE OF THE CITY; PROVIDING
FOR THE SALE OF SAID NOTE AND PROVIDING FOR
THE DISPOSITION OF THE PROCEEDS OF SALE OF
SUCH NOTE.
WHEREAS, the City Council of the City of Port Angeles,
Washington (the "City ") has heretofore considered and authorized
the purchase of certain real property pursuant to a motion passed
on August 16, 1983; and
WHEREAS, the acquisition cost of such property is approxi-
mately $135,000; and
WHEREAS, in order to pay part of the cost of acquiring such
property, the City herein authorizes the issuance of its non -
voted, limited tax levy general obligation bonds in the principal
amount of $94,000; and
WHEREAS, Chapter 39.50 RCW authorizes the issuance of short -
term obligations by cities to provide funding for public purposes
in anticipation of the issuance of general obligation bonds; and
WHEREAS, the City Council has received an offer from Seattle-
First National Bank to purchase such short -term obligations in the
form of a limited tax levy general obligation bond anticipation
note in the principal amount of $93,334;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ANGELES
DO ORDAIN:
Section 1. Definitions. As used in this ordinance, the
following words shall have the following meanings:
(a) "City" means the City of Port Angeles, Washington, a
code city duly organized and existing under and by virtue of the
Constitution and laws of the State of Washington.
(b) "Council" means the general legislative authority of the
City as the same shall be duly and regularly constituted from time
to time.
(c) "Note Fund" means the "City of Port Angeles, Washington,
General Obligation Bond Anticipation Note Fund, 1983," created by
Section 7 of this ordinance.
(d) "Note" means the interest- bearing limited tax levy
general obligation bond anticipation note in the principal amount
of $93,334 to be issued pursuant to this ordinance to provide
short -term financing for the purposes set forth in the recitals of
this ordinance.
(e) "Treasurer" means the Treasurer of the City or any
successor to his/her functions and duties.
Section 2. Authorization of Land Acquisition. The City
hereby authorizes the acquisition of the parcel of real property
described in Exhibit A attached hereto and previously approved by
motion on August 16, 1983. The appropriate City officials, agents
and representatives are hereby authorized and directed to do
everything necessary to acquire said property.
Section 3. Authorization of Bonds. The City hereby author-
izes the issuance of its nonvoted general obligation bonds in the
principal amount of not to exceed $94,000, to pay part of the
costs of acquiring the property authorized in Section 2 hereof,
and the costs associated with issuance of such Bonds (the
"Bonds ").
The Bonds to be issued shall be entitled "City of Port
Angeles, Washington, Limited Tax General Obligation Bonds, 19 "
The Bonds shall be general obligations of the City; the City shall
-2- JAR134 83/09/19
•
•
pledge the full faith and credit of the City for the repayment
thereof and shall covenant to levy within and as a part of the
levy permitted the City without a vote of the people taxes suffi-
cient to pay the principal of, premium, if any, and interest on
the Bonds. The Bonds shall be in such denomination(s) and form;
shall be dated, and bear interest as such rate or rates; shall be
payable at such place or places; shall have such option of payment
prior to maturity; and may be combined with any subsequently
authorized general obligation bonds and issued as a single com-
bined issue as deemed by the Council to be in the best interests
of the City.
Section 4. Authorization of Note. For the purpose set forth
in Section 2 above, and in anticipation of the issuance of the
Bonds, the City shall issue a short -term obligation in the form of
a limited tax levy general obligation bond anticipation note in
the principal amount of $93,334. Said short -term obligation shall
be designated the "City of Port Angeles, Washington, General
Obligation Bond Anticipation Note, 1983" (the "Note "), shall be
dated October 1, 1983, shall be issued in fully registered form,
shall be numbered R -1, shall bear interest payable semiannually on
the first days of April and October, commencing on April 1, 1984,
at a rate of 9.5% per annum, and shall mature in the following
principal amounts on the following dates:
Payment Date Principal Amount
April 1, 1984
October 1, 1984
April 1, 1985
October 1, 1985
April 1, 1986
October 1, 1986
7,498.06
7,855.19
8,249.63
8,622.27
9,048.85
52,060.00
-3- JAR134 83/09/19
Interest on the Note shall be calculated on the basis of a 365 -day
year and actual number of days elapsed.
Both principal of and interest on the Note shall be payable
in lawful money of the United States of America. Interest on the
• Note shall be paid by check or warrant of the City mailed to the
address of the registered owner thereof as shown on the registra-
tion books of the City. Principal shall be paid by check or
warrant of the City upon surrender of the Note at the office of
the Treasurer of the City in Port Angeles, Washington.
Section 5. Prior Redemption. The City hereby reserves the
right to redeem the Note, in whole or in part, at any time in
advance of its scheduled maturity, at par plus accrued interest to
the date of redemption; provided, that if less than the entire
principal amount of the Note is prepaid, the amount and date of
each such partial prepayment shall be endorsed thereon.
Notice of any such intended redemption shall be given by
mailing a notice thereof by certified or registered mail to the
registered owner of the Note at the address appearing on the
registration books of the City at least five (5) business days
prior to such redemption date. Interest on any portion of the
Note so called for redemption shall cease to accrue on such
redemption date unless such portion of the Note is not redeemed
upon presentation made pursuant to such call. Such prepayment of
principal and the resulting reduction in interest costs will be
credited against the final payment on the Note at maturity or upon
redemption in full.
Section 6. Application of Note Proceeds. The proceeds of
the Note shall be deposited into the Convention Center Fund of the
City heretofore ,established in the office of the Treasurer and
shall be used upon closing for the purposes identified in Sec-
tion 2 above and to pay the costs of issuing the Note. Note
-4- JAR134 83/09/19
•
proceeds shall not be expended for any purpose which would result
in interest on the Note becoming taxable income to the holder
thereof under Section 103 of the Internal Revenue Code.
Section 7. Note Fund. A special fund of the City to be
known as the "City of Port Angeles, Washington, General Obligation
Bond Anticipation Note Fund, 1983" (the "Note Fund ") is hereby
authorized to be created by the Treasurer, and said Note Fund
shall be drawn upon for the sole purpose of paying the principal
of and interest on the Note. Money on deposit in the Note Fund
not immediately needed to pay such interest or principal may be
temporarily deposited in such institutions or invested in any
obligations which are legal investments for City funds. Any
interest or profit from the investment of such money shall be
deposited into the Note Fund. The City hereby covenants that it
will issue the Bonds, additional bond anticipation notes or a
combination thereof, which will provide proceeds sufficient,
together with other money of the City, if any, legally available
and specifically set aside for such purpose, to pay the principal
of and interest on the Note as required herein.
The City further covenants that simultaneously with the
receipt of the proceeds of sale of the Bonds it will pay into the
Note Fund money sufficient to pay the principal of and interest on
the Note then outstanding and will immediately apply said money to
the payment of the Note in accordance with its terms.
Section 8. Form of Note. The Note shall be in substantially
the following form:
-5- JAR134 83/09/19
NO. R-
UNITED STATES OF AMERICA
STATE OF WASHINGTON
CITY OF PORT ANGELES
GENERAL OBLIGATION BOND ANTICIPATION NOTE, 1983
The City of Port Angeles, Washington (the "City "), a munic-
ipal corporation organized and existing under and by virtue of the
Constitution and laws of the State of Washington, hereby acknowl-
edges itself to owe and for value received promises to pay, solely
from the sources hereinafter mentioned, to , or
assigns,
DOLLARS
together with interest from the date hereof at the rate of 9.50%
per annum payable semiannually on the first days of each April and
October, commencing on April 1, 1984, as follows:
Payment Date
April 1, 1984
October 1, 1984
April 1, 1985
October 1, 1985
April 1, 1986
October 1, 1986
Principal Amount
unless this Note has been redeemed
herein.
7,498.06
7,855.19
8,249.63
8,622.27
9,048.85
52,060.00
prior thereto as provided
Interest on this note shall be calculated on the basis of a
365 -day year and actual numbers of days elapsed.
Both the principal of and interest on this note are payable
in lawful money of the United States of America. Interest shall
be paid to the registered owner hereof by check or warrant of the
City mailed to the address of the registered owner as shown on the
Note registration books maintained by the City. Principal shall
be paid by check or warrant drawn on the City but only upon
surrender hereof at the office of the Treasurer.
The City has reserved the right to redeem this Note, in whole
or in part, at any time in advance of its scheduled maturity, at
par plus accrued interest to the date of redemption; provided,
that if less than the entire principal amount of this Note is
prepaid, the date and amount of each such partial prepayment shall
be endorsed hereon. Written notice of any such intended redemp-
tion shall be given by registered or certified mail to the regis-
tered owner hereon and mailed at least five (5) business days
prior to such redemption date. Interest on any portion of the
Note so called for redemption shall cease to accrue on such
redemption date unless such portion of the Note is not redeemed
upon presentation made pursuant to such call. Such prepayment of
-6- JAR134 83/09/19
principal and the resulting reduction in interest costs will be
credited against the final payment on the Note at maturity or
redemption.
This note is issued pursuant to duly passed and approved
ordinances of the City, including Ordinance No. (the "Note
Ordinance ") for the purpose of financing the acquisition of real
property all in conformity with the Constitution and laws of the
State of Washington and ordinances of the City.
This note is transferable by the registered holder hereof or
his attorney duly authorized in writing at the office of the
Treasurer of the City in Port Angeles, Washington, upon surrender
of this note, accompanied by a duly executed instrument of trans-
fer in the form attached hereto and with guaranty of signature
satisfactory to the Treasurer of the City, subject to such rea-
sonable regulations as the City may prescribe, and upon payment of
any tax, fee or other governmental charge incident to such trans-
fer. The person in whose name this note is registered shall be
deemed the owner hereof for all purposes, and the City shall not
be affected by any notice to the contrary.
The City does hereby pledge and bind itself to set aside and
pay into the City of Port Angeles General Obligation Bond Antic-
ipation Note Fund, 1983 (the "Note Fund ") created by the Note
Ordinance, the various amounts required by the Note Ordinance to
be paid into and maintained in said Fund, all within the times
provided by the Note Ordinance.
The City does hereby further pledge and bind itself to issue
the Bonds (as defined in the Note Ordinance) or additional bond
anticipation notes or a combination of the foregoing in an amount
sufficient, with other money of the City, if any, legally avail-
able and specifically set aside for such purpose to pay the
principal of and interest on this note on or prior to October 1,
1986.
It is hereby certified and declared that this note is issued
pursuant to and in strict compliance with the Constitution and
laws of the State of Washington and duly adopted ordinances of the
City, and that all acts, conditions and things required to have
happened, been done and performed precedent to and in the issuance
hereof have happened, been done, and performed.
IN WITNESS WHEREOF, the City of Port Angeles, Washington, has
caused this note to be signed with the manual signature of its
Mayor, to be attested by the manual signature of the Clerk of the
City and the corporate seal of the City to be impressed or
imprinted hereon, as of this 1st day of October, 1983.
[SEAL]
CITY OF PORT ANGELES, WASHINGTON
By /s/ manual signature
Mayor
-7- JAR134 83/09/19
•
•
ATTEST:
/s/ manual signature
Clerk
PROVISION FOR PARTIAL PAYMENT
Signature
Date of Amount Signature of City
Payment Paid of Holder Treasurer
REGISTRATION CERTIFICATE
This note is registered in the name of the holder on the
books of the City in the office of the City Treasurer as to both
principal and interest as noted in the registration blank below.
No transfer hereof shall be valid unless made by the registered
owner or his duly authorized agent in writing, and similarly noted
hereon and on the bond registration books of the City. All
payments of principal of and interest on this note shall be made
by the City with full acquittance by City Treasurer's check, or by
warrant of the City drawn on the Treasurer, made payable to the
last registered holder shown hereon and delivered to such holder
or mailed to him at his address noted hereon.
Date of
Registration
Name and Address of Signature of
Registered Holder Registrar
[To Be Repeated]
FORM OF ASSIGNMENT
For value received the undersigned registered owner hereof
hereby sells and assigns and transfers unto
the within note and all right, title and interest thereto and
irrevocably authorizes the transfer of said note on the books of
the Treasurer of the City of Port Angeles, Washington, as note
registrar with full power of substitution in the premises.
-8- JAR134 83/09/19
•
•
Dated
In the presence of
Section 9. Execution of Note. The Note shall be executed on
behalf of the City by the manual signature of the Mayor, shall be
attested by the manual signature of the Clerk and shall have the
corporate seal of the City impressed thereon.
Section 10. General Authorization. The appropriate City
officials, agents and representations are hereby authorized and
directed to do everything necessary for the prompt issuance,
execution and sale of the Note and for the proper use and the
application of the proceeds of the sale thereof as provided in
this ordinance.
Section 11. Sale of Note. The Council hereby accepts and
approves the offer of Seattle -First National Bank, dated
August 16, 1983, to purchase the Note.
Section 12. Severability. If any one or more of the cove-
nants or agreements provided in this ordinance to be performed on
the part of the City shall be declared by any court of competent
jurisdiction to be contrary to law, then such covenant or cove-
nants, agreement or agreements, shall be null and void and shall
be separable from the remaining covenants and agreements in this
ordinance and shall in no way affect the validity of the other
provisions of this ordinance or of the Note.
Section 13.
Effective Date. This ordinance shall become
effective five days from and after its adoption and approval and
publication or posting as required by law.
-9- JAR134 83/09/19
PASSED AND APPROVED at a regular meeting of the City Council
of the City of Port Angeles, Washington, held this 41,,,dc,,day of
1983-
CITY OF PORT ANGELES, WASHINGTON
By
ATTEST:
PUBLISHED: '6119133
-10- JAR134 83/09/19
•
CLERK'S CERTIFICATE
I, the undersigned, the duly chosen, qualified and acting
Clerk of the City of Port Angeles, Washington the "City "), and
keeper of the records of the City Council (herein called the
"Council "), DO HEREBY CERTIFY:
1. That the attached Ordinance c-2a]/ (herein called the
"Ordinance ") is a true and correct copy of an ordinance of the
City, as finally passed and approved at a meeting of the Council
held on the o2/ day of /YY1i,,�, 1983, and duly recorded in
the offices of the City.
2. That said meeting was a regular meeting duly convened
and held in all respects in accordance with law, and, to the
extent required by law, due and proper notice of such meeting was
given; that a quorum was present throughout the meeting and a
legally sufficient number of the members of the Council voted in
the proper manner for the passage of the Ordinance; that all other
requirements and proceedings incident to the proper passage of the
Ordinance have been duly fulfilled, carried out and otherwise
observed; and that I am authorized to execute this certificate.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the official seal of the City this o2(o day of d n' '', 1983.
[SEAL]
Clerk h
JAR1:34 83/09/19
•
EXHIBIT A TO ORDINANCE NO. 2271
CITY OF PORT ANGELES
LOTS 1 AND 2, BLOCK 170 OF THE GOVERNMENT TOWNSITE OF
PORT ANGELES, CLALLAM COUNTY, WASHINGTON