HomeMy WebLinkAbout2684CITY OF PORT ANGELES
LIMITED TAX GENERAL OBLIGATION BOND ANTICIPATION NOTE,
1992
$224,500
ORDINANCE NO.
2684
AN ORDINANCE OF THE CITY OF PORT ANGELES,
WASHINGTON, PROVIDING FOR THE ISSUANCE AND
SALE OF ITS GENERAL OBLIGATION BOND
ANTICIPATION NOTE IN THE PRINCIPAL AMOUNT OF
$224,500 TO PAY THE COST OF A FIRE TRUCK FOR
THE CITY; PROVIDING THE FORM, TERMS, CONDI-
TIONS, AND COVENANTS OF SAID NOTE; AND
AUTHORIZING THE CITY FINANCE DIRECTOR TO SELL
AND DELIVER SAID NOTE.
PASSED: April 7, 1992
Prepared by:
PRESTON THORGRIMSON
SHIDLER GATES & ELLIS
5400 Columbia Center
701 Fifth Avenue
Seattle, Washington 98104 -7078
TABLE OF CONTENTS*
Page
Recitals 1
Section 1. Definitions 1
Section 2. Authorization of the Bonds 2
Section 3. Authorization of the Note 3
Section 4. Prior Redemption of the Note 4
Section 5. Form of the Note 4
Section 6. Execution of Note 5
Section 7. Application of Proceeds of Sale of the Note . 6
Section 8. Note Redemption Fund 6
Section 9. Sale of Note 6
Section 10. Tax Covenants and Designation 7
Section 11. Severability 8
Section 12. Prior Acts 8
Section 13. Effective Date 8
* This Table of Contents and the preceding cover page are not
part of the ordinance. They are provided for convenience of the
reader only.
-i-
FWW085 92/04/04
1
ORDINANCE NO.
2684
AN ORDINANCE OF THE CITY OF PORT ANGELES,
WASHINGTON, PROVIDING FOR THE ISSUANCE AND
SALE OF ITS GENERAL OBLIGATION BOND
ANTICIPATION NOTE IN THE PRINCIPAL AMOUNT OF
$224,500 TO PAY THE COST OF A FIRE TRUCK FOR
THE CITY; PROVIDING THE FORM, TERMS, CONDI-
TIONS, AND COVENANTS OF SAID NOTE; AND
AUTHORIZING THE CITY FINANCE DIRECTOR TO SELL
AND DELIVER SAID NOTE.
WHEREAS, the City is authorized by Chapter 39.50 RCW to
issue short -term obligations in anticipation of the sale of
general obligation bonds, and to refund such short -term
obligations; and
WHEREAS, it is deemed necessary and advisable that the City
reimburse its Equipment Services Fund for the cost of a fire
truck heretofore purchased, the cost of which was intended to be
covered by borrowed funds, and, to implement such plan, that the
City issue a bond anticipation note of the City in the aggregate
principal amount of $224,500, pending the issuance and sale of
limited tax levy general obligation bonds of the City to finance
such fire truck and other projects;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT
ANGELES, WASHINGTON, DO ORDAIN as follows:
Section 1. Definitions. As used in this ordinance the
following words shall have the following meanings:
(a) "Bonds" means the limited tax levy general obligation
bonds to be issued to pay and redeem the Note, and for other
purposes.
(b) "City" means the City of Port Angeles, Washington, a
municipal corporation duly organized and existing under and by
virtue of the Constitution and laws of the State of Washington.
(c) "Council" means the legislative body of the City as the
same shall be duly and regularly constituted from time to time.
(d) "1992 Note Redemption Fund" means the "1992 Bond
Anticipation Note Redemption Fund" created by Section 8 of this
ordinance.
(e) "Note" means the bond anticipation note of the City to
be issued pursuant to this ordinance in the principal amount of
$224,500 for the purpose provided herein.
(f) "Paying Agent" means the fiscal agencies of the State
of Washington from time to time.
Section 2. Authorization of the Bonds. As an integral
part of the financing described above, the City shall issue and
sell its limited tax general obligation bonds (the "Bonds ") in
such amounts and at such time or times as the City Council may
determine to be in the best interest of the City and its
inhabitants.
The Bonds shall be issued in an amount sufficient, together
with any other funds legally available, to pay principal and
interest on the Note, at its maturity. The Bonds to be issued
-2-
FWW085 92/04/04
shall be in such denomination(s) and form; shall be dated, and
bear interest at such rate or rates; shall be payable at such
place or places; and shall have such option of payment prior to
maturity as shall be determined by the City Council.
Section 3. Authorization of the Note. In anticipation of
the issuance of the Bonds, the City shall, for the purpose of
providing funds to reimburse a previous expenditure for a fire
truck, issue a short -term obligation in the principal amount of
$224,500. Said short -term obligation shall be designated the
"City of Port Angeles, Washington, Bond Anticipation Note, 1992,"
shall be dated the date of its delivery, shall be issued in
bearer form, shall be in a single denomination of $224,500, shall
bear interest at a fixed rate payable at maturity, and shall
mature on June 1, 1992.
The 1992 Note shall be sold to Piper Jaffray & Hopwood at
the price and bearing interest at the rate specified in the offer
from such firm attached hereto and referred to in Section 9
hereof.
Both principal of and interest on the 1992 Note shall be
payable in lawful money of the United States of America at the
office of the Finance Director of the City in Port Angeles,
Washington, or at the principal office of either of the fiscal
agencies of the State of Washington in Seattle, Washington, or
New York, New York (such fiscal agencies are herein called the
-3-
FWW085 92/04/04
"Paying Agent ") at the option of the owners. The Note shall be a
general obligation of the City.
Section 4. Prior Redemption of the Note. The Note may not
be redeemed at the option of the City prior to its scheduled
maturity.
Section 5. Form of the Note. The Note shall be in
substantially the following form:
UNITED STATES OF AMERICA
NO. 1 $224,500
STATE OF WASHINGTON
CITY OF -PORT ANGELES
BOND ANTICIPATION NOTE, 1992
The City of Port Angeles, Washington (the "City "), a
municipal corporation of the State of Washington, acknowledges
itself to owe and for value received promises to pay to bearer,
on June 1, 1992, the principal amount of
TWO HUNDRED TWENTY -FOUR THOUSAND FIVE HUNDRED DOLLARS
together with interest thereon at the rate of ' per annum
payable on maturity or until such principal sum shall have been
paid or payment duly provided for.
Both principal of and interest on this note are payable in
lawful money of the United States of America at the office of the
Finance Director of the City of Port Angeles, Washington, or at
either of the fiscal agencies of the State of Washington in
Seattle, Washington, or New York, New York (such fiscal agencies
are herein called the "Paying Agent ") out of the 1992 Note
Redemption Fund created by Ordinance No. of the City (the
"Note Ordinance ") . Reference is made to the Note Ordinance for
definitions of other defined terms used herein.
This note is not subject to redemption at the option of the
City prior to its scheduled maturity.
-4- FWW085 92/04/04
This note is in the aggregate principal amount of $224,500
and is issued pursuant to the Note Ordinance under and in strict
compliance with the provisions of the Constitution and laws of
the State of Washington. Both the principal of and interest on
this note are payable in lawful money of the United States of
America.
The City hereby irrevocably covenants to issue its limited
tax levy general obligation bonds in an amount which, with other
money of the City legally available therefor, will be sufficient
to pay the principal of and interest on the notes of this issue
as the same shall become due.
The full faith, credit and resources of the City are hereby
irrevocably pledged to the prompt payment of the principal of and
interest on the notes of this issue as the same shall become due.
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, and that
the total indebtedness of the City, including this note and the
notes of this issue, does not exceed any constitutional or
statutory limitation.
IN WITNESS WHEREOF, the City of Port Angeles, Washington,
has caused this note to be executed on behalf of the City by
manual signature of its Mayor, to be attested by its City Clerk,
and the official seal of the City to be impressed hereon as of
this day of , 1992.
CITY OF PORT ANGELES, WASHINGTON
By
Mayor
ATTEST:
[SEAL]
City Clerk
Section 6. Execution of Note. The Note shall be signed on
behalf of the City by the manual signature of its Mayor and shall
be attested by the manual signature of the City Clerk, and shall
-5-
FWW085 92/04/04
have the official seal of the City impressed or imprinted
thereon.
Section 7. Application of Proceeds of Sale of the Note.
The principal proceeds of the sale of the Note shall be applied
by the City Finance Director to reimburse the Equipment Services
Fund of the City for the cost of a custom fire pumper cabin
chassis truck purchased in April 1991. Any remaining proceeds of
sale of the Note may be used for any lawful City purpose.
Section 8. Note Redemption Fund. There is hereby
authorized to be in the office of the City Treasurer a special
fund of the City to be known as the "1992 Bond Anticipation Note
Redemption Fund," which Fund shall be drawn upon for the sole
purpose of paying the principal of and interest on the Note.
The City covenants that on or before the maturity date of
the Note it will sell and issue the Bonds in one or more series
and deposit so much of the proceeds thereof into the 1992 Note
Redemption Fund as is necessary to pay and redeem the Note,
including accrued interest. The City may apply to the payment
and redemption of the Note any other funds of the City on hand
and legally available for such purpose.
The full faith, credit and resources of the City are hereby
pledged to the prompt payment of the principal of and interest on
the Note as the same shall become due.
Section 9. Sale of Note. The City Treasurer is hereby
authorized and directed to sell and deliver the Note to Piper,
-6-
FWW085 92/04/04
Jaffray & Hopwood pursuant to the bond purchase agreement
attached hereto and said agreement is hereby approved.
The proper City officials are hereby authorized and directed
to do everything necessary for the prompt issuance, execution and
delivery of the Note and for the proper application and use of
the proceeds of such sale.
Section 10. Tax Covenants and Designation.
(a) Covenants Regarding Arbitrage and Private
Activity. The City hereby covenants that it will not make any
use of the proceeds of sale of the Note or any other funds of the
City which may be deemed to be proceeds of such Note pursuant to
Section 148 of the Code which will cause the Note to be an
"arbitrage bond" within the meaning of said section and said
Regulations. The City will comply with the requirements of
Section 148 of the Code (or any successor provision thereof
applicable to the Note) and the applicable Regulations thereunder
throughout the term of the Note.
The City further covenants that it will not take any action
or permit any action to be taken that would cause the Note to
constitute a "private activity bond" under Section 141 of the
Code.
(b) Note Designated "Oualified Tax - Exempt Obligation."
The City hereby designates the Note as a "qualified tax - exempt
obligation" for purchase by financial institutions pursuant to
Section 265(b) of the Code. The City does not anticipate that it
-7-
FWW085 92/04/04
will issue more than $10,000,000 in "qualified tax - exempt
obligations" during the year 1992.
Section 11. 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 12. Prior Acts. Any act taken pursuant to the
authority of this ordinance but prior to its effective date is
hereby ratified and confirmed.
Section 13. Effective Date. This ordinance shall take
effect five days from its passage and publication.
PASSED by the City Council of the City of Port Angeles,
Washington at a regular open public meeting held this 7th day of
April, 1992.
ATTEST:
CITY OF PORT AN
ELES, WASHINGTON
By
-S-
Mayo
Published by Summary: April 14, 1992
FWW085 92/04/04
if
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 (the "Council "), DO
HEREBY CERTIFY:
1. That the attached Ordinance No. 2684 (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
April 7, 1992, 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 7th day of April, 1992.
le
(S E A L]
Summaries of Ordinances Adopted by the
Port Angeles City Council
on April 7, 1992
Ordinance No. 2684
This Ordinance of the City of Port Angeles provides for the issuance and sale of a general
obligation bond anticipation note in the principal amount of $224,500 to pay the cost of a fire
truck for the City; provides the form, terms, conditions, and covenants of said note; and authorizes
the City Finance Director to sell and deliver said note.
Ordinance No. 2685
This Ordinance of the City of Port Angeles extends the residential sewer service rate of $16 per
month, plus $0.96 per 100 cubic feet for the amount of metered water consumed by the user. For
the period June 1 through September 30, the charge shall be a maximum of $22.75 per month.
This Ordinance also establishes a $10.00 credit for residential customers of the City's water utility
who voluntarily take water quality samples and amends Chapter VI of Ordinance 2394 and Chapter
13.65 of the Port Angeles Municipal Code.
Ordinance No. 2686
This Ordinance of the City of Port Angeles repeals the City's massage parlor regulations and
Chapter 12, Ordinance 2050, and Chapter 5.48 of the Port Angeles Municipal Code.
Ordinance No. 2687
This Ordinance of the City of Port Angeles revises the utility discount requirements so that each
recipient of a utility discount must agree to participate in the City's average payment program and
amends Ordinance No. 2663 and Section 13.20.050 of the Port Angeles Municipal Code.
The full texts of the above summarized Ordinances are available at City Hall in the City Clerk's office or will be
mailed upon request. Office hours are Monday through Friday from 8:00 a.m. to 5:00 p.m.
The Ordinances will take effect five (5) days after publication of these summaries.
1 <I
Publish: April 1-2; 1992
Becky J. Upton
City Clerk