HomeMy WebLinkAbout3099CITY OF PORT ANGELES, WASHINGTON
UNLIMITED TAX GENERAL OBLIGATION REFUNDING BONDS, 2001
ORDINANCE NO. 3099
AN ORDINANCE of the City of Port Angeles, Washington,
authorizing the issuance and sale of unlimited tax general
obligation refunding bonds of the City in the aggregate principal
amount of $2,995,000 to refund certain outstanding unlimited tax
general obligation bonds of the City; authorizing the appointment
of an escrow agent and the execution of an escrow agreement
related to such refunding; providing the date and form of said
bonds; providing for the disposition of the bond proceeds;
providing for the annual levy of taxes to pay the principal of and
interest on the bonds; and approving the sale of the bonds.
PASSED: October 16, 2001
Prepared by:
PRESTON GATES & ELLIS LLP
Seattle, Washington
TABLE OF CONTENTS*
Page
Section 1. Definitions 3
Section 2. Purpose, Authorization and Description of Bonds 7
Section 3. Registration, Exchange and Payments 8
Section 4. Redemption 12
Section 5. Form of Bonds 16
Section 6. Execution of Bonds 18
Section 7. Refunding Account and Call for Redemption of Refunded Bonds 19
Section 8. Pledge of Taxes and Credit 23
Section 9. Defeasance 23
Section 10. Tax Covenants; Special Designation 24
Section 11. Sale of Bonds 24
Section 12. Undertaking to Provide Ongoing Disclosure 25
Section 13. Bond Insurance 29
Section 14. General Authorization 32
Section 15. Severability 32
Section 16. Effective Date 33
* Neither this Table of Contents nor the preceding cover page is a part of this ordinance.
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ORDINANCE NO. 3099
AN ORDINANCE of the City of Port Angeles, Washington,
authorizing the issuance and sale of unlimited tax general
obligation refunding bonds of the City in the aggregate principal
amount of $2,995,000 to refund certain outstanding unlimited tax
general obligation bonds of the City; authorizing the appointment
of an escrow agent and the execution of an escrow agreement
related to such refunding; providing the date and form of said
bonds; providing for the disposition of the bond proceeds;
providing for the annual levy of taxes to pay the principal of and
interest on the bonds; and approving the sale of the bonds.
WHEREAS, the City of Port Angeles, Washington (the "City "), now has outstanding its
unlimited tax general obligation bonds issued under date of December 1, 1991 in the original
aggregate principal amount of $2,460,995 pursuant to Ordinance No. 2569 (the "1991 Bonds "),
which remain outstanding as follows:
Maturities
(December 1) Principal Amounts Interest Rates
2001 $ 110,000 6.00%
2002 115,000 6.15
2003 125,000 6.30
2004 130,000 6.40
2005 140,000 6.50
2006 150,000 6.60
2007 160,000 6.70
2011 760,000 6.90
and
WHEREAS, Ordinance No. 2659 authorizes the defeasance and redemption of the 1991
Bonds maturing on and after December 1, 2002, on and after December 1, 2001 (in whole on any
date or in part on any interest date), at a price of par plus accrued interest, if any, to the date of
redemption; and
WHEREAS, the City now has outstanding its unlimited tax general obligation bonds
issued under date of November 15, 1992 in the original aggregate principal amount of
$1,975,000 pursuant to Ordinance No. 2721 (the "1992 Bonds "), which remain outstanding as
follows:
Maturities
(November 1) Principal Amounts Interest Rates
2001 $ 85,000 5.40%
2002 90,000 5.50
2003 95,000 5.60
2004 100,000 5.70
2005 105,000 5.85
2006 115,000 6.00
2007 120,000 6.10
2008 130,000 6.20
2009 135,000 6.25
2010 145,000 6.25
2011 155,000 6.25
2012 165,000 6.25
and
WHEREAS, Ordinance No. 2721 authorizes the defeasance and redemption of the 1992
Bonds maturing on and after November 1, 2003, on and after November 1, 2002 (in whole on
any date or in part on any interest payment date), at a price of par plus accrued interest, if any, to
the date of redemption.
WHEREAS, after due consideration it appears to the City Council of the City (the
"Council ") that the callable portions of the 1991 Bonds and the 1992 Bonds may be refunded by
the issuance and sale of its unlimited tax general obligation refunding bonds to effect a savings to
the City and its taxpayers; and
WHEREAS, in order to effect such refunding in the manner that will be most
advantageous to the City and its taxpayers, it is hereby found necessary and advisable that an
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escrow agent be appointed and that certain Acquired Obligations be purchased out of the
proceeds of sale of the refunding bonds and certain money of the City; and
WHEREAS, it appears to the Council that it is in the best interests of the City and its
taxpayers that the Bonds be sold to Seattle- Northwest Securities Corporation on the terms set
forth herein;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ANGELES
DOES ORDAIN, as follows:
Section 1. Definitions. The following words and terms as used in this ordinance shall
have the following meanings for all purposes of this ordinance, unless some other meaning is
plainly intended.
Acquired Obligations means the Government Obligations acquired by the City under the
terms of this ordinance and the Escrow Agreement to effect the defeasance and refunding of the
Refunded Bonds.
Beneficial Owner means the beneficial owner of all or a portion of a Bond while such
Bond is in fully immobilized form.
Bond Fund means the General Obligation Bond Redemption Fund maintained by the
City.
Bond Insurance Policy means the municipal bond insurance policy issued by the Insurer
insuring the payment when due of the principal of and interest on the Bonds as provided therein.
Bond Register means the registration records for the Bonds maintained by the Bond
Registrar.
Bond Registrar means the fiscal agency of the State of Washington in either Seattle,
Washington, or New York, New York, whose duties include registering and authenticating the
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Bonds, maintaining the Bond Register, transferring ownership of the Bonds, and paying the
principal of and interest on the Bonds.
Bonds mean the $2,995,000 principal amount of City of Port Angeles, Washington,
Unlimited Tax General Obligation Refunding Bonds, 2001 issued pursuant to this ordinance.
City means the City of Port Angeles, Washington, a municipal corporation duly
organized and existing under the laws of the State of Washington.
Code means the Internal Revenue Code of 1986, as amended, together with
corresponding and applicable final, temporary or proposed regulations and revenue rulings issued
or amended with respect thereto by the United States Treasury Department or the Internal
Revenue Service, to the extent applicable to the Bonds.
Commission means the Securities and Exchange Commission.
Council means the general legislative authority of the City.
DTC means The Depository Trust Company of New York, as depository for the Bonds,
or any successor or substitute depository for the Bonds.
Escrow Agent means U.S. Bank Trust National Association.
Escrow Agreement means the Escrow Deposit Agreement to be dated as of the date of
closing of the Bonds substantially in the form attached hereto as Exhibit A.
Finance Director means the duly qualified, appointed and acting Finance Director of the
City or any other officer who succeeds to the duties now delegated to that office.
Government Obligations means those obligations now or hereafter defined as such in
Chapter 39.53 RCW, as such chapter may be hereafter amended or restated.
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Insurer means MBIA Insurance Corporation, a stock insurance company incorporated
under the laws of the State of New York, or any successor thereto or assignee thereof, as issuer
of a Bond Insurance Policy for the Bonds.
Letter of Representations means a blanket issuer letter of representations from the City to
DTC.
MSRB means the Municipal Securities Rulemaking Board or any successor to its
functions.
1991 Bond Ordinance means Ordinance No. 2659, passed by the Council on
December 10, 1991.
1991 Bonds means the City of Port Angeles, Washington, Unlimited Tax General
Obligation Bonds, 1991, issued pursuant to Ordinance No. 2659 of the City under date of
December 1, 1991.
1991 Refunded Bonds means the 1991 Bonds maturing on and after December 1, 2002.
1992 Bond Ordinance means Ordinance No. 2721, passed by the Council on
November 17, 1992.
1992 Bonds means the City of Port Angeles, Washington, Unlimited Tax General
Obligation Bonds, 1992, issued pursuant to Ordinance No. 2721 of the City under date of
November 15, 1992.
1992 Refunded Bonds means the 1992 Bonds maturing on and after November 1, 2003.
NRMSIR means a nationally recognized municipal securities information repository.
Refunded Bond Ordinances means the 1991 Bond Ordinance and the 1992 Bond
Ordinance.
Refunded Bonds means the 1991 Refunded Bonds and the 1992 Refunded Bonds.
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Refunding Account means the account by that name established within the Bond Fund
pursuant to Section 7 of this ordinance.
Registered Owner means the person named as the registered owner of a Bond in the
Bond Register. For so long as the Bonds are held in book -entry only form, DTC shall be deemed
to be the sole Registered Owner.
Rule means the Commission's Rule 15c2 -12 under the Securities Exchange Act of 1934,
as the same may be amended from time to time.
SID means a state information depository for the State of Washington.
In this ordinance, unless the context otherwise requires:
(a) The terms "hereby," "hereof," "hereto," "herein, "hereunder" and any similar
terms, as used in this ordinance, refer to this ordinance as a whole and not to any particular
article, section, subdivision or clause hereof, and the term "hereafter" shall mean after, and the
term "heretofore" shall mean before, the date of this ordinance;
(b) Words of the masculine gender shall mean and include correlative words of the
feminine and neuter genders and words importing the singular number shall mean and include
the plural number and vice versa;
(c) Words importing persons shall include firms, associations, partnerships (including
limited partnerships), trusts, corporations and other legal entities, including public bodies, as well
as natural persons;
(d) Any headings preceding the text of the several articles and Sections of this
ordinance, and any table of contents or marginal notes appended to copies hereof, shall be solely
for convenience of reference and shall not constitute a part of this ordinance, nor shall they affect
its meaning, construction or effect; and
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(e) All references herein to "articles," "sections" and other subdivisions or clauses are
to the corresponding articles, sections, subdivisions or clauses hereof.
Section 2. Purpose, Authorization and Description of Bonds. For the purpose of
refunding the Refunded Bonds and thereby effecting a savings to the City and its taxpayers, the
City shall issue its unlimited tax general obligation refunding bonds in the aggregate principal
amount of $2,995,000 (the "Bonds ").
The Bonds shall be designated as the "City of Port Angeles, Washington, Unlimited Tax
General Obligation Refunding Bonds, 2001" (the "Bonds "); shall be dated as of
November 1, 2001; shall be fully registered as to both principal and interest; shall be in the
denomination of $5,000 each, or any integral multiple thereof, provided that no Bond shall
represent more than one maturity; shall be numbered separately in such manner and with any
additional designation as the Bond Registrar deems necessary for purposes of identification; and
shall bear interest from their date payable on the first days of each May and November,
commencing on November 1, 2001 at the following per annum interest rates and mature on
November 1 of the following years in the following principal amounts:
Maturity Years
(November 1) Principal Amounts Interest Rates
2002 $ 75,000 3.25%
2003 175,000 3.25
2004 285,000 2.80
2005 290,000 3.50
2006 305,000 3.50
2007 315,000 3.50
2008 330,000 3.625
2009 340,000 3.75
2010 350,000 4.00
2011 370,000 4.00
2012 160,000 4.125
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Section 3. Registration, Exchange and Payments.
(a) Bond Registrar /Bond Register. The City hereby specifies and adopts the
system of registration and transfer for the Bonds approved by the Washington State Finance
Committee from time to time through the appointment of state fiscal agencies. The City shall
cause a bond register to be maintained by the Bond Registrar. So long as any Bonds remain
outstanding, the Bond Registrar shall make all necessary provisions to permit the exchange or
registration of transfer of Bonds at its principal corporate trust office. The Bond Registrar may
be removed at any time at the option of the City upon prior notice to the Bond Registrar, DTC,
each NRMSIR and SID, if any, and a successor Bond Registrar appointed by the City. No
resignation or removal of the Bond Registrar shall be effective until a successor shall have been
appointed and until the successor Bond Registrar shall have accepted the duties of the Bond
Registrar hereunder. The Bond Registrar is authorized, on behalf of the City, to authenticate and
deliver Bonds transferred or exchanged in accordance with the provisions of such Bonds and this
ordinance and to carry out all of the Bond Registrar's powers and duties under this ordinance.
The Bond Registrar shall be responsible for its representations contained in the Certificate of
Authentication on the Bonds.
(b) Registered Ownership. The City and the Bond Registrar, each in its
discretion, may deem and treat the Registered Owner of each Bond as the absolute owner thereof
for all purposes, and neither the City nor the Bond Registrar shall be affected by any notice to the
contrary. Payment of any such Bond shall be made only as described in Section 3(h) hereof, but
such Bond may be transferred as herein provided. All such payments made as described in
Section 3(h) shall be valid and shall satisfy and discharge the liability of the City upon such
Bond to the extent of the amount or amounts so paid.
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(c) DTC Acceptance /Letter of Representations. To induce DTC to accept the
Bonds as eligible for deposit at DTC, the City will execute and deliver to DTC a Letter of
Representations.
Neither the City nor the Bond Registrar will have any responsibility or obligation to DTC
participants or the persons for whom they act as nominees (or any successor depository) with
respect to the Bonds in respect of the accuracy of any records maintained by DTC (or any
successor depository) or any DTC participant, the payment by DTC (or any successor
depository) or any DTC participant of any amount in respect of the principal of or interest on
Bonds, any notice that is permitted or required to be given to Registered Owners under this
ordinance (except such notices as shall be required to be given by the City to the Bond Registrar
or to DTC (or any successor depository)), or any consent given or other action taken by DTC (or
any successor depository) as the Registered Owner. For so long as any Bonds are held in
fully - immobilized form hereunder, DTC or its successor depository shall be deemed to be the
Registered Owner for all purposes hereunder, and all references herein to the Registered Owners
shall mean DTC (or any successor depository) or its nominee and shall not mean the owners of
any beneficial interest in such Bonds.
If any Bond shall be duly presented for payment and funds have not been duly provided
by the City on such applicable date, then interest shall continue to accrue thereafter on the unpaid
principal thereof at the rate stated on such Bond until such Bond is paid.
(d) Use of Depository.
(i)
The Bonds shall be registered initially in the name of "CEDE &
Co. ", as nominee of DTC, with one Bond maturing on each of the maturity dates for the Bonds in
a denomination corresponding to the total principal therein designated to mature on such date.
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Registered ownership of such immobilized Bonds, or any portions thereof, may not thereafter be
transferred except (A) to any successor of DTC or its nominee, provided that any such successor
shall be qualified under any applicable laws to provide the service proposed to be provided by it;
(B) to any substitute depository appointed by the Council pursuant to subsection (ii) below or
such substitute depository's successor; or (C) to any person as provided in subsection (iv) below.
(ii) Upon the resignation of DTC or its successor (or any substitute
depository or its successor) from its functions as depository or a determination by the Council to
discontinue the system of book entry transfers through DTC or its successor (or any substitute
depository or its successor), the Council may hereafter appoint a substitute depository. Any such
substitute depository shall be qualified under any applicable laws to provide the services
proposed to be provided by it.
(iii) In the case of any transfer pursuant to clause (A) or (B) of
subsection (i) above, the Bond Registrar shall, upon receipt of all outstanding Bonds, together
with a written request on behalf of the Council, issue a single new Bond for each maturity then
outstanding, registered in the name of such successor or such substitute depository, or their
nominees, as the case may be, all as specified in such written request of the Council.
(iv) In the event that (A) DTC or its successor (or substitute depository
or its successor) resigns from its functions as depository, and no substitute depository can be
obtained, or (B) the Council determines that it is in the best interest of the beneficial owners of
the Bonds that such owners be able to obtain such bonds in the form of Bond certificates, the
ownership of such Bonds may then be transferred to any person or entity as herein provided, and
shall no longer be held in fully- immobilized form. The Council shall deliver a written request to
the Bond Registrar, together with a supply of definitive Bonds, to issue Bonds as herein provided
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in any authorized denomination. Upon receipt by the Bond Registrar of all then outstanding
Bonds together with a written request on behalf of the Council to the Bond Registrar, new Bonds
shall be issued in the appropriate denominations and registered in the names of such persons as
are requested in such written request.
(e) Registration of Transfer of Ownership or Exchange; Change in
Denominations. The transfer of any Bond may be registered and Bonds may be exchanged, but
no transfer of any such Bond shall be valid unless such Bond is surrendered to the Bond
Registrar with the assignment form appearing on such Bond duly executed by the Registered
Owner or such Registered Owner's duly authorized agent in a manner satisfactory to the Bond
Registrar. Upon such surrender, the Bond Registrar shall cancel the surrendered Bond and shall
authenticate and deliver, without charge to the Registered Owner or transferee therefor, a new
Bond (or Bonds at the option of the new Registered Owner) of the same date, maturity and
interest rate and for the same aggregate principal amount in any authorized denomination,
naming as Registered Owner the person or persons listed as the assignee on the assignment form
appearing on the surrendered Bond, in exchange for such surrendered and cancelled Bond. Any
Bond may be surrendered to the Bond Registrar and exchanged, without charge, for an equal
aggregate principal amount of Bonds of the same date, maturity and interest rate, in any
authorized denomination. The Bond Registrar shall not be obligated to register the transfer or to
exchange any Bond during the 15 days preceding the date any such Bond is to be redeemed.
(f)
Bond Registrar's Ownership of Bonds. The Bond Registrar may become
the Registered Owner of any Bond with the same rights it would have if it were not the Bond
Registrar, and to the extent permitted by law, may act as depository for and permit any of its
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officers or directors to act as member of, or in any other capacity with respect to, any committee
formed to protect the right of the Registered Owners of Bonds.
(g)
Registration Covenant. The City covenants that, until all Bonds have been
surrendered and cancelled, it will maintain a system for recording the ownership of each Bond
that complies with the provisions of Section 149 of the Code.
(h) Place and Medium of Payment. The principal of and interest on the Bonds
shall be payable in lawful money of the United States of America. Interest on the Bonds shall be
calculated on the basis of a 360 -day year and twelve 30 -day months. For so long as all Bonds are
in fully- immobilized form, such payments of principal and interest thereon shall be made as
provided in the operational arrangements of DTC as referred to in the Letter of Representations.
In the event that the Bonds are no longer in fully- immobilized form, interest on the Bonds
shall be paid by check or draft mailed to the Registered Owners of the Bonds at the addresses for
such Registered Owners appearing on the Bond Register on the 15th day of the month preceding
the interest payment date. Principal of the Bonds shall be payable upon presentation and
surrender of such Bonds by the Registered Owners at the principal office of the Bond Registrar.
Section 4. Redemption.
(a) Optional Redemption. The Bonds maturing in years 2001 through 2011
are not subject to redemption prior to maturity. The Bonds maturing on November 1, 2012, are
subject to redemption at the option of the City on and at any time after November 1, 2011, in
whole or in part (maturities to be selected by the City) at a price of par plus accrued interest, if
any, to the date of redemption.
(b) Selection of Bonds for Redemption. As long as the Bonds are held in
book -entry only form, the selection of Bonds to be redeemed shall be made in accordance with
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the operational arrangements in effect at DTC. If the Bonds are no longer held in uncertificated
form, the selection of such Bonds to be redeemed shall be made as provided in this
subsection (b). If the City redeems at any one time fewer than all of the Bonds having the same
maturity date, the particular Bonds or portions of Bonds of such maturity to be redeemed shall be
selected by lot (in such other manner determined by the Bond Registrar) in increments of $5,000.
In the case of a Bond of a denomination greater than $5,000, the City and Bond Registrar shall
treat each Bond as representing such number of separate Bonds each of the denomination of
$5,000 as is obtained by dividing the actual principal amount of such Bond by $5,000. In the
event that only a portion of the principal sum of a Bond is redeemed, upon surrender of the such
Bond at the principal office of the Bond Registrar there shall be issued to the Registered Owner,
without charge therefor, for the then unredeemed balance of the principal sum thereof, at the
option of the Registered Owner, a Bond or Bonds of like maturity and interest rate in any of the
denominations herein authorized. If Bonds are called for redemption, portions of the principal
amount of such Bonds, in installments of $5,000 or any integral multiple of $5,000, may be
redeemed. If less than all of the principal amount of any Bond is redeemed, upon surrender of
such Bond at the principal office of the Bond Registrar there shall be issued to the registered
owner, without charge therefor, for the then unredeemed balance of the principal amount thereof,
a new Bond or Bonds, at the option of the Registered Owner, of like maturity and interest rate in
any denomination authorized by this ordinance.
(c) Notice of Redemption.
(i) Official Notice. Unless waived by any owner of Bonds to be
redeemed, official notice of any such redemption shall be given by the Bond Registrar on behalf
of the City by mailing a copy of an official redemption notice by first class mail at least 30 days
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and not more than 60 days prior to the date fixed for redemption to the Registered Owner of the
Bond or Bonds to be redeemed at the address shown on the Bond Register or at such other
address as is furnished in writing by such registered owner to the Bond Registrar.
All official notices of redemption shall be dated and shall state:
(A) the redemption date,
(B) the redemption price,
(C) if fewer than all outstanding Bonds are to be redeemed, the
identification by series and maturity (and, in the case of partial redemption, the respective
principal amounts) of the Bonds to be redeemed,
(D) that on the redemption date the redemption price will
become due and payable upon each such Bond or portion thereof called for redemption, and that
interest thereon shall cease to accrue from and after said date, and
(E) the place where such Bonds are to be surrendered for
payment of the redemption price, which place of payment shall be the principal office of the
Bond Registrar.
On or prior to any redemption date, the City shall deposit with the Bond Registrar an
amount of money sufficient to pay the redemption price of all the Bonds or portions of Bonds
which are to be redeemed on that date.
(ii) Effect of Notice; Bonds Due. Official notice of redemption having
been given as aforesaid, the Bonds or portions of Bonds so to be redeemed shall, on the
redemption date, become due and payable at the redemption price therein specified, and from and
after such date (unless the City shall default in the payment of the redemption price) such Bonds
or portions of Bonds shall cease to bear interest. Upon surrender of such Bonds for redemption
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in accordance with said notice, such Bonds shall be paid by the Bond Registrar at the redemption
price. Installments of interest due on or prior to the redemption date shall be payable as herein
provided for payment of interest. Upon surrender for any partial redemption of any Bond, there
shall be prepared for the Registered Owner a new Bond or Bonds of the same maturity in the
amount of the unpaid principal. All Bonds which have been redeemed shall be canceled and
destroyed by the Bond Registrar and shall not be reissued.
(iii) Additional Notice. In addition to the foregoing notice, further
notice shall be given by the City as set out below, but no defect in said further notice nor any
failure to give all or any portion of such further notice shall in any manner defeat the
effectiveness of a call for redemption if notice thereof is given as above prescribed. Each further
notice of redemption given hereunder shall contain the information required above for an official
notice of redemption plus (A) the CUSIP numbers of all Bonds being redeemed; (B) the date of
issue of the Bonds as originally issued; (C) the rate of interest borne by each Bond being
redeemed; (D) the maturity date of each Bond being redeemed; and (E) any other descriptive
information needed to identify accurately the Bonds being redeemed. Each further notice of
redemption may be sent at least 30 days before the redemption date to the Insurer, each
NRMSIR, the SID, if any, and to the Underwriter or to its business successor, if any, and to such
persons and with such additional information as the Bond Registrar shall deem appropriate, but
such mailings shall not be a condition precedent to the redemption of such Bonds.
(iv) Redemption Payments. Upon the payment of the redemption price
of Bonds being redeemed, each check or other transfer of funds issued for such purpose shall
bear the CUSIP number identifying, by issue and maturity, the Bonds being redeemed with the
proceeds of such check or other transfer.
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(v) Amendment of Notice Provisions. The foregoing notice provisions
of this Section 4, including but not limited to the information to be included in redemption
notices and the persons designated to receive notices, may be amended by additions, deletions
and changes in order to maintain compliance with duly promulgated regulations and
recommendations regarding notices of redemption of municipal securities.
(d) Purchase of Bonds. The City also reserves the right to purchase any of the
Bonds offered to the City at any time at a price deemed reasonable by the City.
Section 5. Form of Bonds. The Bonds shall be in substantially the following form:
UNITED STATES OF AMERICA
NO. $
[BOND INSURER LEGEND]
STATE OF WASHINGTON
CITY OF PORT ANGELES
UNLIMITED TAX GENERAL OBLIGATION REFUNDING BOND, 2001
INTEREST RATE: MATURITY DATE: CUSIP NO.:
REGISTERED OWNER:
PRINCIPAL AMOUNT:
THE CITY OF PORT ANGELES, WASHINGTON (the "City "), hereby acknowledges
itself to owe and for value received promises to pay to the Registered Owner identified above, or
registered assigns, on the Maturity Date identified above, the Principal Amount indicated above
and to pay interest thereon from November 1, 2001, or the most recent date to which interest has
been paid or duly provided for until payment of this bond at the Interest Rate set forth above,
payable on the first days of each May and November, commencing on November 1, 2001. Both
principal of and interest on this bond are payable in lawful money of the United States of
America. For so long as the bonds of this issue are held in fully immobilized form, payments of
principal and interest thereon shall be made as provided in accordance with the operational
arrangements of DTC referred to in the Blanket Issuer Letter of Representations from the City to
DTC.
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This bond is one of an authorized issue of bonds of like date and tenor, except as to
number, amount, rate of interest and date of maturity in the aggregate principal amount of
$2,995,000, and is issued for the purpose of refunding certain outstanding general obligation
bonds of the City.
The bonds of this issue are issued under and in accordance with the provisions of the
Constitution and applicable statutes of the State of Washington and ordinances duly adopted by
the City Council, including Ordinance No. 3099 (the "Bond Ordinance ").
The bonds of this issue are subject to optional redemption as provided in the Bond
Ordinance.
The bonds of this issue are not "private activity bonds" as such term is defined in the
Internal Revenue Code of 1986, as amended (the "Code "). The bonds of this issue have been
designated by the City as "qualified tax - exempt obligations" under Section 265(b) of the Code
for banks, thrift institutions and other financial institutions.
The City hereby irrevocably covenants that it will levy taxes annually upon all the taxable
property in the City without limitation as to rate or amount and in amounts sufficient, with other
monies legally available therefor, to pay the principal of and interest on the bonds of this issue as
the same shall become due. The full faith, credit and resources of the City are hereby irrevocably
pledged for the annual levy and collection of such taxes and the prompt payment of such
principal and interest. The pledge of tax levies may be discharged prior to maturity of the bonds
by making provision for the payment thereof on the terms and conditions set forth in the Bond
Ordinance.
This bond shall not be valid or become obligatory for any purpose or be entitled to any
security or benefit under the Bond Ordinance until the Certificate of Authentication hereon shall
have been manually signed by or on behalf of the Bond Registrar.
It is hereby certified that all acts, conditions and things required by the Constitution and
statutes of the State of Washington to exist, to have happened, been done and performed
precedent to and in the issuance of this bond have happened, been done and performed and that
the issuance of this bond and the bonds of this issue does not violate any constitutional, statutory
or other limitation upon the amount of bonded indebtedness that the City may incur.
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IN WITNESS WHEREOF, the City of Port Angeles, Washington has caused this bond to
be executed by the manual or facsimile signatures of the Mayor and City Clerk and a facsimile of
the seal of the City to be imprinted or otherwise reproduced hereon as of this 1s` day of
November, 2001.
CITY OF PORT ANGELES,
WASHINGTON
By /s/ manual or facsimile
Mayor
ATTEST:
/s/ manual or facsimile
City Clerk
The Bond Registrar's Certificate of Authentication on the Bonds shall be in substantially
the following form:
CERTIFICATE OF AUTHENTICATION
Date of Authentication:
This is one of the City of Port Angeles, Washington, Unlimited Tax General Obligation
Refunding Bonds, 2001, dated November 1, 2001, as described in the Bond Ordinance.
WASHINGTON STATE FISCAL
AGENCY as Bond Registrar
By /s/
Authorized Signer
Section 6. Execution of Bonds. The Bonds shall be executed on behalf of the City
with the manual or facsimile signature of the Mayor, attested by the manual or facsimile
signature of the City Clerk, and shall have the seal of the City impressed, imprinted or otherwise
reproduced thereon. In case either or both of the officers who have signed or attested any of the
Bonds cease to be such officer before such Bonds have been actually issued and delivered, such
Bonds shall be valid nevertheless and may be issued by the City with the same effect as though
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the persons who had signed or attested such Bonds had not ceased to be such officers, and any
Bond may be signed or attested on behalf of the City by officers who at the date of actual
execution of such Bond are the proper officers, although at the nominal date of execution of such
Bond such officer was not an officer of the City.
Only Bonds that bear a Certificate of Authentication in the form set forth in Section 5,
manually executed by the Bond Registrar, shall be valid or obligatory for any purpose or entitled
to the benefits of this ordinance. Such Certificate of Authentication shall be conclusive evidence
that the Bonds so authenticated have been duly executed, authenticated and delivered and are
entitled to the benefits of this ordinance.
Section 7. Refunding Account and Call for Redemption of Refunded Bonds.
(a) Refunding Account. There is hereby authorized to be created in the Bond
Fund an account known as the "2001 Unlimited Tax General Obligation Refunding Account"
(the "Refunding Account "), which Account is to be held by the Escrow Agent and drawn upon
for the sole purpose of paying the principal of and interest on the Refunded Bonds until their date
of redemption and of paying costs related to the refunding of the Refunded Bonds.
The proceeds of sale of the Bonds (exclusive of accrued interest thereon, which shall be
paid into the Bond Fund and used to pay interest on the Bonds on November 1, 2001) shall be
credited to the Refunding Account and, together with other funds of the City, if necessary, shall
be used immediately upon receipt thereof to defease the Refunded Bonds as authorized by the
Refunded Bond Ordinances and pay costs of issuance. The City shall defease the Refunded
Bonds and discharge such obligations by the use of money in the Refunding Account to purchase
certain Government Obligations (which obligations so purchased, are herein called "Acquired
Obligations "), bearing such interest and maturing as to principal and interest in such amounts and
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at such times that, together with any necessary beginning cash balance, will provide for the
payment of:
(i) interest on the 1991 Refunded Bonds on December 1, 2001;
(ii) the redemption price (100% of the principal amount thereof) of the
1991 Refunded Bonds on December 1, 2001;
(iii) interest on the 1992 Refunded Bonds as it becomes due and
payable through and including November 1, 2002; and
(iv) the redemption price of the 1992 Refunded Bonds (100% of the
principal amount thereof) on November 1, 2002.
Such Acquired Obligations shall be purchased at a yield not greater than the yield
permitted by the Code and regulations relating to acquired obligations in connection with
refunding bond issues.
The City hereby appoints the corporate trust department of U.S. Bank Trust National
Association, Seattle, Washington as the Escrow Agent for the Refunded Bonds (the "Escrow
Agent "). A beginning cash balance, if any, and Acquired Obligations shall be deposited
irrevocably with the Escrow Agent in an amount sufficient to defease the Refunded Bonds. The
proceeds of the Bonds remaining in the Refunding Account after acquisition of the Acquired
Obligations and provision for the necessary beginning cash balance shall be utilized to pay
expenses of the acquisition and safekeeping of the Acquired Obligations and expenses of the
issuance of the Bonds. The City may, from time to time, transfer, or cause to be transferred,
from the Refunding Account any money not thereafter required for the purposes set forth in
subparagraphs (i) — (iv) above, subject to verification in writing by an independent certified
public accountant that such transfer will not result in inadequate funds being available to make
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the required payments therefrom. The City reserves the right to substitute other securities for the
Acquired Obligations in the event it may do so pursuant to Section 148 of the Code and
applicable regulations thereunder, upon compliance with the conditions set forth in the Escrow
Agreement.
(b) Call for Redemption of Refunded Bonds. The City hereby irrevocably
sets aside sufficient funds out of the purchase of Acquired Obligations from proceeds of the
Bonds to make the payments described in Subsection (a)(i) — (iv) of this Section.
The City hereby irrevocably calls the 1991 Refunded Bonds for redemption on
December 1, 2001 and the 1992 Refunded Bonds for redemption on November 1, 2002 in
accordance with the provisions of Section 5 of the 1991 Bond Ordinance and Section 5 of the
1992 Bond Ordinance.
The defeasance and call for redemption of the Refunded Bonds shall be irrevocable after
the final establishment of the Refunding Account and delivery of the Acquired Obligations and
the requisite cash deposit, if any, to the Escrow Agent, except as provided herein relating to the
substitution of securities.
The Escrow Agent is hereby authorized and directed to provide for the giving of notices
of the redemption of the Refunded Bonds in accordance with the applicable provisions of the
Refunded Bond Ordinances. The City is authorized and requested to provide whatever assistance
is necessary to accomplish such redemption and the giving of notices therefor. The costs of
publication of such notices shall be an expense of the City.
The Escrow Agent is hereby authorized and directed to pay to the fiscal agency or
agencies of the State of Washington, sums sufficient to pay, when due, the payments specified in
of subsection (a)(i) - (iv) of this ordinance. All such sums shall be paid from the money and
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Acquired Obligations deposited with said Escrow Agent pursuant to the previous section of this
ordinance, and the income therefrom and proceeds thereof.
The City will take such actions as are found necessary to see that all necessary and proper
fees and expenses of the Escrow Agent shall be paid when due. The proper officers and agents
of the City are directed to obtain from the Escrow Agent an agreement setting forth the duties,
obligations and responsibilities of the Escrow Agent in connection with the redemption and
retirement of the Refunded Bonds as provided herein and setting forth such provisions for the
payment of the Escrow Agent as are satisfactory to it. The Finance Director is authorized and
directed to execute and deliver to the Escrow Agent an escrow agreement in form satisfactory to
the Escrow Agent and approved by counsel to the City.
(c) Finding of Savings and Defeasance. The Council hereby finds that the
issuance and sale of the Bonds at this time will effect a savings to the City and its taxpayers. In
making such finding and determination, the Council has given consideration to the interest on
and the fixed maturities of the Refunding Bonds and the Refunded Bonds, the costs of issuance
of the Refunding Bonds and the known earned income from the investment of the proceeds of
sale of the Refunding Bonds pending redemption and payment of the Refunded Bonds.
The Council also finds that the Acquired Obligations to be deposited with the Escrow
Agent and the income therefrom, together with any necessary beginning cash balance, are
sufficient to redeem the Refunded Bonds and will discharge and satisfy the obligations of the
City under the Refunded Bond Ordinances. Immediately upon the delivery of such Acquired
Obligations to the Escrow Agent and the deposit of any necessary beginning cash balance, the
Refunded Bonds shall be deemed not to be outstanding under the Refunded Bond Ordinances
and shall cease to be entitled to any lien, benefit or security under such ordinance except the right
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to receive payment from the Acquired Obligations and beginning cash balance so set aside and
pledged.
Section 8. Pledge of Taxes and Credit. The City hereby irrevocably covenants that,
unless the principal of and interest on the Bonds are paid from other sources, it will make annual
levies of taxes without limitation as to rate or amount upon all of the property in the City subject
to taxation in amounts sufficient to pay such principal and interest as the same shall become due
and shall provide for the deposit of sufficient money in the Bond Fund to pay such principal and
interest. The full faith, credit and resources of the City are hereby irrevocably pledged for the
annual levy and collection of such taxes and for the prompt payment of such principal and
interest.
Section 9. Defeasance. In the event that money and/or Government Obligations
maturing at such time or times and bearing interest to be earned thereon in amounts (together
with such money, if necessary) sufficient to redeem and retire part or all of the Bonds in
accordance with their terms, are set aside in a special account of the City to effect such
redemption and retirement, and such moneys and the principal of and interest on such
Government Obligations are irrevocably set aside and pledged for such purpose, then no further
payments need be made into the Bond Fund for the payment of the principal of and interest on
the Bonds so provided for, and such Bonds shall cease to be entitled to any lien, benefit or
security of this ordinance except the right to receive the moneys so set aside and pledged, and
such Bonds shall be deemed not to be outstanding hereunder.
Within 60 days of any defeasance of bonds the Bond Registrar shall provide notice of
defeasance of Bonds to registered owners, the Insurer, and to each NRMSIR and SID, if any, in
accordance with Section 12.
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Section 10. Tax Covenants; Special Designation. The City hereby covenants that it
will not make any use of the proceeds of sale of the Bonds or any other funds of the City that
may be deemed to be proceeds of such Bonds pursuant to Section 148 of the Code that will cause
the Bonds to be "arbitrage bonds" 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 Bonds) and the applicable Regulations thereunder throughout the term
of the Bonds. The City further covenants that it will not take any action or permit any action to
be taken that would cause the Bonds to constitute "private activity bonds" under Section 141 of
the Code.
The City hereby designates the Bonds as "qualified tax - exempt obligations" under
Section 265(b)(3) of the Code for banks, thrift institutions and other financial institutions. The
City does not anticipate issuing more than $10,000,000 in tax exempt obligations during 2001.
Section 11. Sale of Bonds. The Bonds shall be sold by negotiated sale to
Seattle- Northwest Securities Corporation, Seattle, Washington, under the terms and conditions
thereof as provided in its purchase contract and in this ordinance. The City Manager is hereby
authorized to sign the purchase contract on behalf of the City.
For purposes of the Rule, the preliminary Official Statement dated October 8, 2001 is
hereby deemed final as of its date except for the omission of information dependent upon the
pricing of the Bonds and the completion of the purchase contract. The City Manager and
Finance Director are hereby authorized to review and approve on behalf of the City the final
Official Statements relative to the Bonds with such additions and changes as may be deemed
necessary or advisable to them. The proper City officials are hereby authorized and directed to
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do everything necessary for the prompt execution and delivery of the Bonds to said purchaser
and for the proper application and use of the proceeds of sale thereof.
Section 12. Undertaking to Provide Ongoing Disclosure.
(a) Contract /Undertaking. This section constitutes the City's written
undertaking for the benefit of the owners of the Bonds as required by Section (b)(5) of the Rule.
(b) Financial Statements /Operating Data. The City agrees to provide or
cause to be provided to each NRMSIR and to the SID, if any, in each case as designated by the
Commission in accordance with the Rule, the following annual financial information and
operating data for the prior fiscal year (commencing in 2002 for the fiscal year ended
December 31, 2001):
1. Annual financial statements, which statements may or may not be
audited, showing ending fund balances for the City's general fund prepared in accordance with
the Budget Accounting and Reporting System prescribed by the Washington State Auditor
pursuant to RCW 43.09.200 (or any successor statute) and generally of the type included in the
official statement for the Bonds under "Appendix A: City of Port Angeles 2000 Audited
Financial Statements ";
2. The assessed valuation of taxable property in the City;
3. Property taxes due, property taxes collected and property taxes
delinquent;
4. Property tax levy rates per $1,000 of assessed valuation; and
5. Outstanding general obligation debt of the City.
Items 2 -5 shall be required only to the extent that such information is not included in the
annual financial statements.
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The information and data described above shall be provided on or before nine months
after the end of the City's fiscal year. The City's current fiscal year ends December 31. The City
may adjust such fiscal year by providing written notice of the change of fiscal year to each then
existing NRMSIR and the SID, if any. In lieu of providing such annual financial information
and operating data, the City may cross - reference to other documents provided to the NRMSIR's,
the SID or to the Commission and, if such document is a final official statement within the
meaning of the Rule, available from the MSRB.
If not provided as part of the annual financial information discussed above, the City shall
provide the City's audited annual financial statement prepared in accordance with the Budget
Accounting and Reporting System prescribed by the Washington State Auditor pursuant to
RCW 43.09.200 (or any successor statutes), when and if available, to each then existing
NRMSIR and the SID, if any.
(c) Material Events. The City agrees to provide or cause to be provided, in a
timely manner, to the SID, if any, and to each NRMSIR or to the MSRB notice of the occurrence
of any of the following events with respect to the Bonds, if material:
• Principal and interest payment delinquencies;
• Non - payment related defaults;
• Unscheduled draws on debt service reserves reflecting financial
difficulties;
• Unscheduled draws on credit enhancements reflecting financial
difficulties;
• Substitution of credit or liquidity providers, or their failure to perform;
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• Adverse tax opinions or events affecting the tax - exempt status of the
Bonds;
• Modifications to rights of owners;
• Optional, contingent or unscheduled Bond calls other than scheduled
sinking fund redemptions for which notice is given pursuant to
Exchange Act Release 34- 23856;
• Defeasances;
• Release, substitution or sale of property securing the repayment of the
Bonds; and
• Rating changes.
Solely for purposes of disclosure, and not intending to modify this undertaking, the City
advises that no debt service reserves or property secure payment of the Bonds.
(d) Notification Upon Failure to Provide Financial Data. The City agrees to
provide or cause to be provided, in a timely manner, to each NRMSIR or to the MSRB and to the
SID, if any, notice of its failure to provide the annual financial information described in
subsection (b) above on or prior to the date set forth in subsection (b) above.
(e) Termination /Modification. The City's obligations to provide annual
financial information and notices of material events shall terminate upon the defeasance, prior
redemption or payment in full of all of the Bonds. Any provision of that section shall be null and
void if the City (1) obtains an opinion of nationally recognized bond counsel to the effect that the
portion of the Rule that requires that provision is invalid, has been repealed retroactively or
otherwise does not apply to the Bonds; and (2) notifies each NRMSIR and the SID, if any, of
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such opinion and the cancellation of this section. The City may amend this section with an
approving opinion of nationally recognized bond counsel.
In the event of any amendment of this section, the City shall describe such amendment in
the next annual report, and shall include, a narrative explanation of the reason for the amendment
and its impact on the type (or in the case of a change of accounting principles, on the
presentation) of financial information or operating data being presented by the City. In addition,
if the amendment relates to the accounting principles to be followed in preparing financial
statements, (I) notice of such change shall be given in the same manner as for a material event
under Subsection (c), and (II) the annual report for the year in which the change is made shall
present a comparison (in narrative form and also, if practical, in quantitative form) between the
financial statements as prepared on the basis of the new accounting principles and those prepared
on the basis of the former accounting principles.
(f) Bond Owner's Remedies Under This Section. The right of any bondowner
or beneficial owner of Bonds to enforce the provisions of this section shall be limited to a right to
obtain specific enforcement of the City's obligations under this section, and any failure by the
City to comply with the provisions of this undertaking shall not be an event of default with
respect to the Bonds. For purposes of this section, "beneficial owner" means any person who has
the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of,
any Bonds, including persons holding Bonds through nominees or depositories.
(h) No Default. The City is not and has not been in default in the
performance of its obligations of any prior undertaking for ongoing disclosure with respect to its
bond obligations.
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Section 13. Bond Insurance.
(a) Approval of Commitment. In accordance with the offer of the Underwriter
to purchase the Bonds, the Council hereby approves the commitment of the Insurer to provide a
bond insurance policy guaranteeing the payment when due of principal of and interest on the
Bonds (the "Bond Insurance Policy "). The Council further authorizes and directs all proper
officers, agents, attorneys and employees of the City to execute a commitment letter with the
Insurer and to cooperate with the Insurer in preparing such additional agreements, certificates,
and other documentation on behalf of the City as shall be necessary or advisable in providing for
the Bond Insurance Policy.
(b) Payments Under the Policy. In the event that, on the payment date of the Bonds,
the City or the Bond Registrar determines that there will not be sufficient money available in the
Bond Fund to pay all principal of and interest on the Bonds due on such payment date, the City
or the Bond Registrar shall immediately notify the Insurer or its designee on the same day by
telephone or telegraph, confirmed in writing by registered or certified mail, of the amount of the
deficiency. If the deficiency is made up in whole or in part, the Bond Registrar shall so notify
the Insurer or its designee.
In addition, if the Bond Registrar has notice that any Bondholder has been required to
disgorge payments of principal or interest on the Bonds to a trustee in bankruptcy or creditors or
others pursuant to a final judgment by a court of competent jurisdiction that such payment
constitutes an avoidable preference to such Bondholder within the meaning of any applicable
bankruptcy laws, then the Bond Registrar shall notify the Insurer or its designee of such fact by
telephone or telegraphic notice, confirmed in writing by registered or certified mail.
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The Bond Registrar is hereby irrevocably designated, appointed, directed and authorized
to act as attorney -in -fact for Bondholders as follows:
(1) If and to the extent there is a deficiency in amounts required to pay
interest on the Bonds, the Bond Registrar shall (a) execute and deliver to State Street Bank and
Trust Company, N.A., or its successors under the Bond Insurance Policy (the "Insurance Paying
Agent"), in form satisfactory to the Insurance Paying Agent, an instrument appointing the Insurer
as agent for such Bondholders in any legal proceeding related to the payment of such interest and
an assignment to the Insurer of the claims for interest to which such deficiency relates and which
are paid by the Insurer, (b) receive as designee of the respective Bondholders (and not as Bond
Registrar) in accordance with the tenor of the Bond Insurance Policy payment from the Insurance
Paying Agent with respect to the claims for interest so assigned, and (c) disburse the same to
such respective Bondholders; and
(2) If and to the extent of a deficiency in amounts required to pay
principal of any Bonds, the Bond Registrar shall (a) execute and deliver to the Insurance Paying
Agent in form satisfactory to the Insurance Paying Agent an instrument appointing the Insurer as
agent for such Bondholder in any legal proceeding relating to the payment of such principal and
an assignment to the Insurer of any of the Bonds surrendered to the Insurance Paying Agent of so
much of the principal amount thereof as has not previously been paid or for which moneys are
not held by the Bond Registrar and available for such payment (but such assignment shall be
delivered only if payment from the Insurance Paying Agent is received), (b) receive as designee
of the respective Bondholders (and not as Bond Registrar) in accordance with the tenor of the
Bond Insurance Policy payment therefor from the Insurance Paying Agent, and (c) disburse the
same to such Bondholders.
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Payments with respect to claims for interest on and principal of Bonds disbursed by the
Bond Registrar from proceeds of the Bond Insurance Policy shall not be considered to discharge
the obligation of the City with respect to such interest, and the Insurer shall become the owner of
such unpaid interest and claims for the interest in accordance with the tenor of the assignment
made to it under the provisions of this subsection or otherwise.
Irrespective of whether any such assignment is executed and delivered, the City and the
Bond Registrar:
(1) Recognize that to the extent the Insurer makes payments directly or
indirectly (as by paying through the Bond Registrar), on account of principal of or interest on the
Bonds, the Insurer will be subrogated to the rights of such Bondholders to receive the amount of
such principal and interest for the City, with interest thereon as provided and solely from the
sources stated in this ordinance and the Bonds; and
(2) Will accordingly pay to the Insurer the amount of such principal
and interest (including principal and interest recovered under subparagraph (ii) of the first
paragraph of the Bond Insurance Policy), with interest thereon as provided in this ordinance and
the Bonds, but only from the sources and in the manner provided herein for the payment of
principal of and interest on the Bond to holders, and will otherwise treat the Insurer as the owner
of such rights to the amount of such principal and interest.
(c) Rights of Insurer.
In connection with the issuance of additional general obligation bonds, the City shall
deliver to the Insurer a copy of the disclosure document, if any, circulated with respect to such
additional bonds.
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Copies of any amendments made to the documents executed in connection with the
issuance of the Bonds which are consented to by the Insurer shall be sent to Standard & Poor's
Ratings Services, a Division of The McGraw Hill Companies, Inc.
The Insurer shall receive notice of the resignation or renewal of the Bond Registrar and
the appointment of a successor, other than the designated state fiscal agent.
The Insurer shall receive copies of all notices required to be delivered to Bondholders
and, on an annual basis (or as soon as available from the office of the State Auditor) copies of the
City's audited financial statements, and annual budget.
Any notice that is required to be given to a holder of Bonds or to the Bond Registrar
pursuant to this ordinance shall also be provided to the Insurer. All notices required to be given
to the Insurer under this ordinance shall be in writing and shall be sent by registered or certified
mail addressed to MBIA Insurance Corporation, 113 King Street, Armonk, New York 10504
Attention: Surveillance.
The provisions of this section shall be in effect only so long as the Bond Insurance Policy
is in full force and effect.
Section 14. General Authorization. The appropriate officials, agents and
representatives of the City are authorized to take any actions and to execute documents as in their
judgment may be necessary or desirable in order to carry out the terms of, and complete the
transactions contemplated by, this ordinance. All acts taken pursuant to the authority of this
ordinance but prior to its effective date are hereby ratified.
Section 15. Severability. If any one or more of the covenants 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 covenants, agreement or
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agreements, shall be null and void and shall be deemed separable from the remaining covenants
and agreements of this ordinance and shall in no way affect the validity of the other provisions of
this ordinance or of the Bonds.
Section 16. Effective Date. This ordinance shall become effective from and after its
passage and publication as required by law.
PASSED by the City Council of the City of Port Angeles, Washington, at a regular
meeting thereof, held this 16th day of October, 2001.
ATTEST:
Published: October 21, 2001
(By Summary)
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CITY OF PORT ANGELES,
WASHINGTON
By
P: \DOT\DOTONV 01/10/16
CERTIFICATE
I, the undersigned, City Clerk of the City of Port Angeles, Washington, DO HEREBY
CERTIFY:
1. That the attached is a true and correct copy of Ordinance No. 3099 (the
"Ordinance ") of the City, duly passed at a regular meeting of the City Council (the "Council ") of
the City held on the 16th day of October, 2001.
2. That said meeting was 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
legal quorum was present throughout the meeting and a legally sufficient number of members of
the Council voted in the proper manner for the passage of said Ordinance; that all other
requirements and proceedings incident to the proper passage of said Ordinance have been fully
fulfilled, carried out and otherwise observed; and that I am authorized to execute this certificate.
IN WITNESS WHEREOF, I have hereunto set my hand this /[p.- day of October,
2001.
Summaries of Ordinances Adopted by the
Port Angeles City Council
on October 16, 2001
Ordinance No. 3099
This Ordinance of the City of Port Angeles, Washington, authorizes the issuance and sale of
unlimited tax general obligation refunding bonds of the City in the aggregate principal
amount of $2,995,000 to refund certain outstanding unlimited tax general obligation bonds
of the City; authorizes the appointment of an escrow agent and the execution of an escrow
agreement related to such refunding; provides the date and form of said bonds; provides for
the disposition of the bond proceeds; provides for the annual levy of taxes to pay the
principal of and interest on the bonds; and approves the sale of the bonds.
Ordinance No. 3100
This Ordinance of the City of Port Angeles, Washington, authorizes the issuance of electric
revenue refunding bonds in the principal amount of $2,560,000 to refund certain outstanding
electric revenue bonds of the City; provides for the establishment of certain funds and
accounts; makes other covenants and agreements in connection with the foregoing; and
authorizes the sale of such bonds.
The full texts of the 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. These
Ordinances shall take effect five days after publication of these summaries.
Becky J. Upton
City Clerk
Publish: October 21. 2001