HomeMy WebLinkAbout1813 Ordinance7.
CITY OF PASCO, WASHINGTON
ORDINANCE NO. 1813 +
AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, PROVIDING FOR THE
ISSUANCE OF $720,000.00 PAR VALUE OF "LIMITED INTER -CITY BRIDGE
GENERAL OBLIGATION BONDS, 1977", OF THE CITY TO PROVIDE A PORTION
OF THE CITY'S SHARE OF FUNDS REQUIRED TO COMPLETE THE CONSTRUCTION
OF THE PASCO-KENNEWICK INTER -CITY BRIDGE PROJECT; SPECIFYING THE
MATURITIES AND FIXING THE FORM AND MAXIMUM EFFECTIVE INTEREST RATE
OF SUCH BONDS; ESTABLISHING A "LIMITED INTER -CITY BRIDGE GENERAL
OBLIGATION BOND FUND, 1977," AND A "INTER -CITY BRIDGE CONSTRUCTION
FUND"; PROVIDING FOR THE SALE OF SUCH BONDS; AND AUTHORIZING AND
DIRECTING THE ISSUANCE OF INTEREST BEARING WARRANTS DRAWN UPON THE
"INTER -CITY BRIDGE CONSTRUCTION FUND" PENDING THE RECEIPT OF THE
PROCEEDS FROM THE SALE OF SUCH BONDS.
WHEREAS, the City has heretofore committed itself to construction of the
Pasco -Kennewick Inter -City Bridge Project and by Supplemental Agreement entered
into by and between the City of Pasco and the City of Kennewick, Washington, and the
State of Washington acting by and through the Washington State Highway Commission and
the Department of Highways, dated July 15, 1975, the City agreed that by no later
than July -29, 1975, it would adopt an appropriate Ordinance authorizing the issuance
of General Obligation Bonds in a total amount of $1,163,000.00, the proceeds of which
shall be pledged to pay the City's share of construction costs as provided in the
Agreement dated January 23, 1975, and the City authorized the issuance and sale of
such bonds so authorized from time to time, subject only to the limitations of indebted-
ness of cities as set forth in RCW 39.36.020(2), and pursuant to such Supplemental
Agreement, Ordinance No. 17239 was passed by the City Council and approved by the Mayor
on July 15, 1975, authorizing the issuance of General Obligation Bonds in such total
amount but not to exceed th6 amount as may be permitted constitutionally or statutorily
at the time of issuance of such bonds to provide the remaining matching funds and the
local share required to complete the Pasco -Kennewick Inter -City Bridge Project; and
WHEREAS, it is now necessary that the City currently provide funds for such
purpose in the maximum amount which it can legally provide within the limit up to 3/4
of 1% of the value of the taxable property within the City permitted without a vote
of the electors, which maximum amount is calculated to be $720,000.00; and
WHEREAS, the actual and assessed valuation of the taxable property of the
City as ascertained by the last assessment for City purposes for the calendar year 1976
is $140,020,371.00, and at the time of the passage of this Ordinance, the existing
outstandi•"ng.General indebtedness of the City consists of $152,000.00 par value of
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'Page' Two 1813
Ordinance No.
general obligation bonds issued within the limit up to 3/4 of 1% of the value of
the taxable property within the City permitted without a vote of the electors, an
unfunded pension system liability plus balance owing on conditional sales contract
in the amount of $187,566.00 and $1,407,000.00 par value of general obligation bonds
issued within the limit of 2 - 1/2% of the value of taxable property within the City
permitted pursuant to a vote of the electors within the City for general municipal s;
purposes, and the amount of indebtedness for which bonds herein authorized to be issued
is $720,000.00; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN as follows:
Section 1, The City of Pasco, Washington (herein called the "City"), shall
borrow money on the credit of the City and issue negotiable general -obligation bonds
evidencing such indebtedness in the amount of $720,000.00 to provide a part of the
moneys required to furnish the City's local share for federal and state matching
funds to complete the Pasco -Kennewick Inter -City Bridge Project over the Columbia
River as originally authorized -by Ordinance No. 1434 passed by the City Council a,nd
approved by the Mayor on July 7, 1970, and to pay the cost of the issuance of the
general obligation bonds herein authorized. Such general indebtedness to be incurred
shall be within the limit up to 3/4 of 1% of the value of the taxable property within
the City permitted for general municipal purposes without a vote of the qualified
voters therein.
Section 2. The bonds shall be called "Limited Inter -City Bridge General
Obligation Bonds, 1977" (in lieu of the designation "Limited General Obligation Bonds,
1975," set forth in Ordinance No. 1723), of the City; shall be dated January 1, 1977;
shall be in denominations of $5,000.00 each; shall be numbered from 1 to 144, inclusive;
and shall bear interest at an effective rate not to exceed 8% per annum, payable semi-
annually on July 1 and January 1 of each year, as evidenced by coupons attached to the
bonds representing interest to maturity with full obligation on the part of the City to
pay interest at the bond rate, from and after maturity, until the bonds, both principal
and interest, are paid in full. Both principal and interest are to be paid in lawful
money of the United States of America at the Office of the City Treasurer, or, at the
option of the holder, at either fiscal agancy of the State of Washington in the Cities
of Seattle, Washington, or New York, New York. The bonds shall be numbered and mature
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Ordinance No. 1813
serially in order of their numbers in the amounts and on the dates as follows:
Bond Numbers
(Inclusive)
Amounts
Maturities
1 to 4
$20,000
January
1,
1979
5 to 8
$20,000
January
1,
1980
9 to 13
$25,000
January
1,
1981
14 to 18
$25,000
January
1,
1982
19 to 23
$25,000
January
1,
1983
24 to 29
$30,000
January
1,
1984
30 to 35
$30,000
January
1,
1985
36 to 41
$30,000
January
1,
1986
42 to 48
$35,000
January
1,
1987
49 to 55
$35,000
January
1,
1988.
56 to 63
$40,000
January
1,
1989
64 to 71
$40,000
January
1,
1990
72 to 80
$45,000
January
1,
1991
81 to 89
$45,000
January
1,
1992
90 to 99
$50,000
January
1,
1993
100 to 109
$50,000
January
1,
1994
110 to 120
$55,000
January
1,
1995
121 to 132
$60,000
January
1,
1996
133 to 144
$60,000
January
1,
1997
Section 3. The City hereby reserves the right to redeem any or all of the
bonds outstanding in whole, or in part in inverse numerical order, on January 1, 1987,
or on any setniiannual interest payment date thereafter, at par plus accrued interest to
the date of redemption.
Notice of such intended redemption shall be published in the official
newspaper of the City at least once not less than thirty nor more than forty-five
days prior to the call date, and a copy of such notice shall be mailed within the
same period to the original purchaser or the account manager of the underwriter who
purchases the bonds. In addition, such redemption notice shall also be sent to
Moody's Investors Service, Inc., and Standard & Poor's Corporation at their offices
in New York, New York, but the mailing of such notice to such corporations shall not
be a condition precedent to the redemption of such bonds. Interest on any bonds so
Galled for redemption shall cease on such call date upon payment of the redemption
price into the bond redemption fund for the bonds.
Section 4. The City hereby irrevocably pledges itself to,levy taxes
annually, within the constitutional and statutory tax limitations provided by law
without a vote of the electors, upon all property in the City subject to taxation
in an amount sufficient to pay the principal of and interest on the bonds as
the same shall accrue, and the full faith, credit and resources of the City are
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Ordinance No.
irrevocably pledged for the payment of the principal and interest on such bonds.
Section 5. The bonds shall be substantially in the following form:
No. $5,000.00
UNITED STATES OF AMERICA
STATE OF WASHINGTON
CITY OF PASCO
LIMITED INTER -CITY BRIDGE GENERAL OBLIGATION BOND, 1977
KNOW ALL MEN BY THESE PRESENTS: That the City of Pasco,
Washington, is justly indebted to and for value received
hereby promises to pay to bearer on the FIRST DAY of
January, 19 , the sum of
FIVE THOUSAND DOLLARS
together with interest thereon at the rate of % per
annum, payable semiannually on July 1 and January 1 of each
year, interest to maturity being evidenced by and payable upon
the presentation and surrender of the attached interest coupons
as they severally become due, with full 'obligation on the part of
the City to pay interest at the same rate from and after the
maturity date, in the absence of coupons, until this bond with
interest is paid in full. This bond is payable, both principal
and interest, in lawful money of the United States of America at
the Office of the Treasurer of the City, or, at the option of the
holder, at either fiscal agency of the State of Washington in the
Cities of Seattle, Washington, or New York, New York.
This bond is one of a total issue of $720,000.00 par value of bonds,
all of like date, tenor and effect, except for maturities (and
interest rates if more than one interest rate is bid),.issued by
the City for general municipal purposes, for the purpose of providing
a portion of the City's share of funds required to complete the con-
struction of the Pasco -Kennewick Inter -City Bridge Project, and is
issued in full compliance with the Ordinances.of the City and the
laws and Constitution of the State of Washington.
The City reserves the right to redeem any or all of the bonds out-
standing in whole, or in part in inverse numerical order, on
January 1, 1987, or on any semi-annual interest payment date there-
after, at par plus accrued interest to the date of redemption.
Notice os fuch intended redemption shall be published in the official
newspaper of the City at least once not less than thirty nor more than
forty-five days prior to the call date, and a copy of such notice shall
be mailed within the same period to (the original purchaser or the
account manager of the underwriter who purchases the bonds). In
addition, such redemption notice shall also be sent to Moody's Investors
Service, Inc., and Standard & Poor's Corporation at their offices in
New York, New York, but the mailing of such notice to such corporations
shall not be a condition precedent to the redemption of such bonds.
Interest on any bonds so called for redemption shall cease on such call
date upon payment of the redemption price into the bond redemption fund.
The City hereby irrevocably pledges itself to levy taxes annually, with-
in the constitutional and statutory tax limitations provided by law without
a vote of the electors, upon all property in the City subject to taxation
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Ordinance No.
in an amount sufficient to Oay the parincipal of and interest
on the bonds of this issue as the same shall accrue, and the
full faith, credit and resources of the City are hereby
irrevocably pledged for the payment of the principal of and
interest on the bonds.
It is hereby certified that all acts, conditions and things
required to be done precedent to and in the issuance of this
bond have been done, have happened and have been performed as
required by law, and that the total indebtedness of the City,
including this bond issue, does not exceed any constitutional
or statutory limitations.
IN WITNESS WHEREOF, the City of Pasco, Washington, has caused
this bond to be signed by the facsimile signature of i-ts
Mayor and attested by the manual signature of its Director of
Finance, ex -officio City Clerk, and its corporate seal to be
hereto affixed and the interest coupons attached to be signed
with the facsimile signatures of those officials this first
day of January, 1977.
CITY OF PASCO, WASHINGTON
BY (facsimile signature)
Mayor
ATTEST:
Director of Finance, ex officio
City Clerk
The form of the interest coupons shall be substantially as follows:
Coupon No.
ON THE FIRST DAY OF (JULY) (JANUARY), 19 , the CITY OF PASCO,
WASHINGTON, upon presentation and surrender of this coupon, will pay
to the bearer at the office of the Treasurer of the -City, or, at
the option of the holder, at either fiscal agency of the State of
Washington in the Cities of Seattle, Washington, or New York, New
York, the sum shown hereon in lawful money of the United States of
America, that sum being the semi-annual interest due that date upon
its "Limited Inter -City Bridge General Obligation Bond, 1977," dated
January 1, 1977, and numbered
CITY OF PASCO, WASHINGTON
BY (facsimile signature)
Mayor
ATTEST:
(facsimile signature).
Director of Finance, ex officio City Clerk
Section 6. The bonds shall be printed or lithographed on good bond paper
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Ordinance No.
and shall be signed by the facsimile signature of the Mayor and attested by the
manual signature of the Director of Finance, ex officio City Clerk, of the City,
under the seal of the City, and the coupons shall bear the facsimile signatures of
the Mayor and the Director of Finance, ex officio City Clerk.
Section 7. There are hereby created and established in the Office of
the City Treasurer, two special funds to be known and designated as the "Limited
Inter -City Bridge General Obligation Bond Fund, 1977" (in lieu of the fund directed
to be created by Ordinance No. 1723 and therein designated as the Limited General
Obligation Bond Fund, 1975"), and the "Inter -City Bridge Construction Fund" of the
City. The accrued interest received, if any, shall be paid into the "Limited Inter -
City Bridge General Obligation Bond Fund, 1977," and the principal proceeds received
from the sale of the bonds shall be paid into the "Inter -City Bridge Construction
Fund" of the City. All taxes collected for and allocated to the payment of the
principal of and interest on the bonds and any other moneys lawfully available there-
for by action of the City council shall hereafter be deposited in the "Limited Inter -
City Bridge General Obligation Bond Fund, 1977."
Pending the receipt of the proceeds from the sale of the "Limited Inter -City Bridge
General Obligation Bonds, 1977", the City may issue interest-bearing registered warrants
to be drawn upon the "Inter -City Bridge Construction Fund" to provide moneys required
to pay proper charges against such fund, including the City's local share for federal
and state matching funds for the Pasco -Kennewick Inter -City Bridge Project, such
interest bearing warrants to be paid out of proceeds received from the sale of such
bonds and/or from any other moneys available to the City to finance such project to be
deposited in such special fund, such interest bearing warrants to bear such interest
rate as may be negotiated between the City Manager and any banking institution agreeing
to make a market for such warrants in accordance with the provisions of Resolution No.
1046, adopted by the City Council on July 20, 1976.
Section 8. The bonds shall be sold for cash at public sale for not less
than par, plus accrued interest, upon sealed bids to be received at the Office of the
Director of Finance, ex officio City Clerk, up to the day and hour stated in the Notice
of Bond Sale hereinafter directed to be given.
' Page' Seven 1813
Ordinance N:a.
Notice calling for bids to purchase such bonds shall be published once a week for
four consecutive weeks in the official newspaper of the City. Such notice shall
specify that bids for the purchase of the bonds shall be received at the Office of
the Director of Finance, ex officio City Clerk, at the City Hall, Pasco, Washington,
on December 7, 1976, until 1:00 o'clock p.m. (PST), and such bids will be publicly
opened and considered by the City Council at a meeting thereof to be held in the
Council Chambers in the City Hall on the same date commencing at 8:00 o'clock p.m.
(PST).
A copy of the notice shall, at least three weeks prior to the date fixed for the
sale, be mailed to the State Finance Committee, Olympia, Washington.
Bids shall be invited for the purchase of the bonds with fixed maturities in
accordance with the schedule specified in Section 2 hereof.
The notice shall specify the maximum effective rate of interest the bonds shall
bear, 8% per annum, and shall require bidders to submit a bid specifying:
a) The lowest rate or rates of interest and premium, if
any, above par at which the bidder will purchase the
bonds; or
b) The lowest rate or rates of interest at which the
bidder will purchase the bonds at par.
Coupon rates shall be in multiples of 1/8 or 1./20 of 1%, or both. No more than one
rate of interest may be fixed for any one maturity. Only one coupon will be attached
to each bond for each installment of interest thereon, and bids providing for additional
or supplemental coupons will be rejected. The maximum differential between the lowest
and highest coupon rates named in any bid shall not exceed 2%. The interest rate
stated for any maturity in the years 1993 to 1997, inclusive, shall not be less
than the interest rate stated in any preceding year of said years 1993 to 1997,
inclusive.
For the purpose of comparing bids only, the coupon rates bid being controlling, each
bid shall state the total interest cost over the life of the bonds and the net
effective interest rate of the bid.
The bonds will be sold to the bidder making the best bid, subject to the%right of the
City Council to reject any and all bids and to readvertise the bonds for sale in the
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Page Eight 1813
Ordinance Nov
manner provided by law, and no bid for less than all of the bonds shall be considered.
All bids shall be sealed and, except the bid of the State of Washington, if one is
received, shall be accompanied by a deposit of $36,000.00. The deposit shall be,either
cash or by certified or cashier's check made payable to the City Treasurer and shall
be promptly returned if the bid is not accepted. If the bonds are ready for delivery
and the successful bidder shall fail and neglect to complete the purchase of the
bonds within forty days following the acceptance of its bid, the amount of -its
deposit shall be forfeited to the City and in that event, the City Council may accept
the bid of the one making the next best bid. If there be two or more equal bids for
not less than par plus accrued interest and such bids are the best bids received, the
City Council shall determine by lot which bid will be accepted. The bonds will be
delivered to the successful bidder at the Office of the City Treasurer, or in the
City of Seattle, Washington at the City's expense, or at such other place as the
City Treasurer and the successful bidder may mutually agree upon at the purchaser's
expense. A no -litigation certificate in the usual form will be included in the closing
papers.
Any bid presented after the hour specified for the receipt of bids will not be
received, and any bid not accompanied by the required bid not accompanied by the
required bid deposit at the time of opening such bid will not be read or considered.
The Director of Finance, ex officio City Clerk, shall be and is hereby authorized and
directed to publish notice for the purchase of the bonds in the manner required by law
in accordance with the provisions of this section. Such notice shall provide that the
City will cause the bonds to be printed or lithographed and signed and will furnish
the approving legal opinion of Messrs. Roberts, Shefelman, Lawrence, Gay & Moch,
municipal bond counsel of Seattle, Washington, covering the bonds without cost to the
purchaser, the opt6don also being printed on each bond.
Section 9. This Ordinance is declared to be one necessary for the
immediate preservation of the public peace, property, health and safety 6f the people
of the City. An emergency is hereby declared to exist, and this Ordinance is hereby
declared to be in full force and effect from and after its passage, approval and publi-
cation as required by law.
Page Nine 1813
Ordinance No.
PASSED by the City Council of the City of Pasco, Washington, and
APPROVED by the Mayor at a recessed regular open public meeting thereof, of
which due notice had been given in the manner required by law, this 31st day
of August, 1976.
J
J r
TIDRICK, MAYOR
ATTEST:
Leo E.`Olney, Director of Finance an
ex officio City •C1'erk
APPROVED AS-TO`FORM:
4ti_>k�TRoa h, City Attorney