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HomeMy WebLinkAboutO-0497 - Bond issue (Special)ORDINANCE NO.~ --------~----------------.~~~-~-'-\ ~""~"~""~~'-~-"-""'-'-----'~~~-~~--~~~~~'---'-"--'-'-"----~~-~~---~-....-..--''--~.2";l I =- AN ORDINANCE providing for the issuance of$395.000.00pa.r va,lueclf "Water aM Sewer Revenue Bonds.1963,lI for the pur- pose of obtaining the funds required to pay the co s b of acquir;!.ng,·constructing. betterments and extensions of-the water- works utility of the City.including the sewera,ge $ystomas a part thereof,as adopted in OJ;'d;!.nance No.,494.and to obt<l,in the funds withyhich to pay.re- tire and cancel $135.000.00 par value of 'outstAnding'''W ater and Sewer Revenue Bonds. 1957".of the City;fixing the date.form. maturities,interest rates,covenants and terms of said,bonels;Rnd~'1i>ii~'!Ilgdingfor the saie and delivery thereof to Terry Thompson &Co ••Seattle.Washington. WHEREAS.the City of Marysviile.by Ordinance No. 384.passed the 14th day of July,19$2,specified and adopted a system or plan of additions to and betterments and extens~ons of thewater\1Torks utility of the City,.and authorized the issu- ance and sale'Qf not to exceed $280'~000.00 pae value of lIWater Revenue Bonds.1952."of \1Thich $134.000.00 par value thereof have heretofore beeumissued as "Series A,"$100.000.00 par vaLue thereof as "S ries B.lI and $46.ooo.op par value thereof as "S&ries C";and r» -WHEREAS,by Section 19 of-said'Ordinance No.384. the ,City of Marysville'reserved the right to issue additiOnal water eevenue'bonds or water and sewer revenue bonds in the event ~he City should thereaftefprovide by ordinance for the c(>ostructic;m of.a system of Se\1Terage or'additions.exten~ sions and betterments to an eXisting system and 'provide that the system of'sewerage.'including all additions.extensions and betterments thereto,shall become a part of the'waterworks utility.of the City.which bonds '.shall consti tute a charge anq.:iiElrt upon the revenue of the waterworks utility of the City.including the sewerage system if the same is made a part of the wa.terl1Torks utility of the City.on a parity with the said "ll'ater Revenue Bonds.1952,"provided the fo110\\ring conditions shall be met and complied with'at.the time of the issuance od such additional bonds:' lI(a)That all payments required by this ordinance and any ordinance herein~ after ,en~cted pertaining to the bonds of this issue shall have been made into the "Water Revemle Bond.lfU!lcl.1952;1I and " "(b)That the revenues of the water- workS I.lti:l.ity()f the City.ing1ucl.i!lg tl:l.e sewer<l,ge system in.the event t!:l.<l.t the' same :i,15 c()mbinedwitha,ndbegomes tl.p<l,rt of the \\TateJ;""oJ;'ksutility.t"getl:l.er ,witl:l. tl:l.eanticip<l,ted revenues to be reCeived f:rOIl1 tho.:i,mpT\~vement to be undertaken.in gonn~ction with the issuange of such <l,clcl.itio!l~l:gond$.s!:l.<l.libe.<l,nd ge deell1ec1. c sUff :l.cj,ent,afte.x-tl;1epf\YIl1r.->nt.of opera- tion.1l1<l,i.ntEll1aaI1ge poSt;s<l,ncl't<l,XeS.te equal at1east 1.4 time"tl;lEi f\VeJ;'agef\nnua,l Prin- gipa,l and interest requi.rements of,the bond$<?x thiS;!.$sue then out/5taI1di.ng and oftl:l.e ad4it~gI1a1 revenue bonds proposed to be so issued.Such determination of the sufficiencY<?:f the revenuE>s si:la,l1 be made 1'lndcerti.fied to by <l,n engineer ex- perienced in municipal utilities and acceptable to Terry Thompson;"and I'~ I I I LL. 328 :~:.-<_~, .n li'HERE;yS;..···~Iie··.cfi;;of!'JliX';..~y~iJJ3·5;..=()rcr:l:~a.rlc~.3'!r~' passed September 2.19,52,combdned the sewera€:e system .of the City wi thalla<ig:i:tiqns<uldi.mpro".ellte~t;st1J.er:e~bwith the water- l~orks utility of j;he Ci1;y,and the §el"er:agesystelll lOl.ta11 times since has Mell cchnsiclered'apart of and beiongi,ng to the water- wor-ks utility of:theCitY,l>.nd 1;h~wqrds "Waterworks lltility of the City"shall hereilla:fter mean the combil1ed sewerage sys.tem and water system of the C:ity~'together with all additions thereto and betterments and extensions thereof hereafter made;and ,_'_,..•.' ._,_."""_,'.•,"'.0'...._• .IfHEREAS,t~eCity of.Marrsvi11e sUb~equent1y.issued and sold its."Water and Se,,,er Revell11e Borads ,1955,"dated July I,1955 ~Hs '~\v~ter and..Sel~erRevenue Bonds .1957,"dated July I,1957.and its "IVa"ter and Sewer Revenue Bonds,1959," dated July 1,1959,.al:J.of~aidl)on<;ls havi,ng'beenissued on a parity of lien with all of the outstanding "IVater Revenue Bonds. 1952"(Series A,Series B and Series C)and with each other;and ~""- -,"".--. .WHEREAS;.THE CITY (If ..}<lllrysyi11e.by Ordinance No.494, passed January 14,196:3 ~specifie<;l and adopted a system or plan of additions to and betterments and extensions of the water-' Works utility of the City and authorized the issuance and saie of not to exceed $260,ooo~obparvatue of "ll'ater and Sewer ._ Revenue Bonds,196:3,"to obtain funds·required to pay the cost' of carrying out said system oi-plan;and '. ~~\".,'..._. IffiEREAS,there:are'presently'outstand:i.ng $1:38 ,oop.00 par value of said "Water and Sewer Revenue Bonds,19,57,"issued pur-suant,to Ordinam)e No.4:3:3,passed June 17,1957,$:3,000.00 par vaiue of which matlilres on July I,196:3,leaving'out:standing thereafter $1:35.000.00 .par.value of said bondS ,$501000.00 ..par value of which bonds bear interest ar the rate of 4tlb perannuin and the rem~inin~$85,OOo.00parvalue o:f whichb~ar interest at the rate of 4:%per annum and all said bonds are callable as a whole forrefund:i.ng purposes on July I,196:3.at $104.00 per each $100.00 par value thereof;an4 . IffiEREAS,TerryThompson &Co.of SeaH1e,ljTash:i.ng~9I1p heretofore submitted an offer to purchase $135.600.00 par value' of refund:i.ng bonds to be included with the $260,000.00 par value of authorized "Water and Se-erer Revenue Bonds;1963."at a pr:i.ce of $98.25 per each $100.00 par value thereof',to bear :i.nterest. at rates varying from 3%to 3.90%per f\nnum~the proceeclsqr •. a part thereof to~used to take up.cancel,retire and refund said outstanding "Water and Sewer Revenue Bonds,1957."whereby an :i.nterest saving w:i.111:>e realized by the City and there is presently on hand in the "Water and Sewer Revenue Bond Fund. 1957 ,'~suff:i.ciel1t amourrc s to pay tIle call premium on the bends. being refunded and to absorb the discount on the refunding bonds,the purchaser to pay all printing and legal expenses connected witIl the issuance of such refunding bonds;and IffiEREAS ,THE Ci,ty cOun();j.:J.herepy finds.and declares that all payments required1:>yOrdinance Nos.384,414.dnd 455, pertaining to the outstanding "'vater Revenlle Bonds,1952" (Series A, B and C)the outstall<;li,ng"watel:'and Sew('jr Revenue Bonds,1955,"and the outstand:i.ng "Water and Sewer Revenue Bonds,1959,"have been made into the "Watel:'Revenue Borsd Fund, 1952,"the "Ivater and Sewer Revenue Bon<;l'Fllnd,1955,."and the "ll'ater and Sewer Revenue Bond Fund,19:>9,"respectiv~ly,and that Paul Isaac of Hammond,Collier &Isaac,'consulting engineers,a professlonalenginoer ('j,q,erienced in inunioipal utilities and acceptabJ,e to TerrY1'hompscm,has certified that said revenues are sufficient to meet the sa:i.d 1.4 coverage requirement,as ev:i.denced by his certificate to such effect on file with the City Clerk,NOW,rHEREFORE, THE c~rY COUNCIL OF THE CITY OF }WffiYSVILLE,WASHINGrON, DO ORDAIN AS FOLLOWS: ~~'""~~"---,-----'--~ , " ~_,~_,------------------ ~?Q t:J·NV ·-i f',, Section 1.For the purpose of providing the funds with which to pay the 9o~t of carrying out a system or plan of additions to andbetterment~and extensions of the water- ,,,orks_U~iiity oithe city of Marysville'as specified and adopted :j.n Ordinance'No.494 and to provide the funds with which,;to refund,Pfl.Y.,retire and cancel on July 1"1963, $135,000.00 par va:Lue of outstanding "Water ...nd,Sewer Revenue Bonds,1957,'.'dated JUly 1,1957,there shall be issued and sold ..'395,000.00 par value of construQtiOJ:l and refunding water and sewer revenue bonds of the City_The bonds shall retain the designation specified in Ordinance No.494,to-wit,"Water and Sewer Revenue Bonds,1963.,"and shall hereinafter be •.called the "Bop<1s."The Bonds shall be in denominations.of $1,000.00 ",eachpshall.be numbered from 1 to 395,inclusive;sJj:all be, dat~d ~Y 1,1963;and shall bear interest at the bates here- inafterset forth,payable semiannually on January 1st and July 1st of each year,with the first interest coupon being p<lyable-on January 1,1964,covering'the eight months'period from;May,1,1963,to January 1.1964,interest to maturity to be evidenced bY coupons to be attached to the Bonds with full obligation on the part of the City to_pay interest at the same ratesorrDatasafn6m~an~hafteDdthetbun~}~d~u~ityndatesuntil the Bonds,with interest,are paid in,fu11.Both prinoipa1 of and interest on the Bonds shall be payable solely out of the special fund created by 0rdinance No.494<l-nd known as the "Wate-r and Sewe;r RevellUe Bond Fund,1963".{hereinafter called the "Bond Fund"),and the Bonds shall be a ,valid claim of the 'holder thereof only as against the Bond,Fund and the fixed amount of the revenues of the waterwor~s utility of the City iP1edged to such fund,and,shall not be a general obligation of the City of Marysvi11e~The Bonds shall aature and shall bear interest iJ:laaccordapce with the following schedule,to-wit: Bond Numbers Interest {InclusiveL Amounts Rates ~1a turli:ties 1 to 8 $8,000 3 %July 1,1964 9 to 16 $8,.000 3 %July 1,1965 17 to 25 $9.000 3 %July 1,1966 26 to 3!.t·$9~000 3'f 3 ~{,July 1,1967 35 to 44 $10~000 3i %July 1~1968 45 to 54 $10',000 ,3t,%July 1~1969 55 to 64 $10,000 31 %JUly 1,1970 65 to 74 $1,0',000..-:31 %July 1,1971 75 to 86 $12 ,000 '~V 3t %July 1~1972 87 to,98 $12,000 3i %July 1,1973 99 to 110 $12,000 3'2 %July 1,1974 111to-123 $13;000 3t %July 1 ~1975 124.to 137 $14,000 ./i 3'2 %July 1~1976 138 to 151 $14.O<iCj" ,3}%July 1~1977 l!i2t6 11>8 $17,000 3}%July 1,1978 169 to 189 $21~000 3t %July 1.1979 1'90 to 212 $23 000 J-'--%July 1,1980 ':213 to 2%$24':000 91 3t ,%July 1,1981 ;237·to 272 $36.000 3~90 %July 1 ~1982 ','273 to 294 $22~OOO 3.90 %July 1;1983 295 to 327 $33,000 3.90 %July 1,1964 328'to 375 $48.000 3.90 %July 1,1985 376 .to39S $20,000 /.,f9 3.90 %July 1,1986 '1'.: The City of Marysv~ile ~~s~rves the right to redeem the Bonds .,in who1~pr,;IlPPClrt,in inverse numerical order ,for any pur-po se and,f;rol"allY ~OuX'QeLof;!,J'!4by1,1968"or on any sem~annual :In'!;Elre§t pCl.:l'1!!ep:l;,d!!-te :t:!J.ElX'e<l-fte:rat a redemption price of 105%of parV<l.l.~e~he;r~o:f'•.Plusll.CcruedinteX'est to date of red~mPt~Ol1,l?li"Iil!j;ch'5:rEl-d~mp<l;t!'g!3ep#;Lce()shallr~dllce 1%fOil eMhful;J,yeClX'ti:1-eX'EldElmp~~pn,;sl\lubf>equent to Ju1y'l,1968,to a redempt;l;on pnice of par,plus accrued interest to ,date of redemption.on or after July 1,1973.' r , [.3313 I.'.,<.<..'...'."....•.'.<'...-'<...-.".<.."".'<'<.'.'...........~.<...oe....•.•.o...~~=~.~..~.,~~...-....._--..~.-~~'.•.••.•.•'.•.•~...=,••~~....•.-'-..• r Notice of any .cap ..forreqempti(m o~i;;he B()nds.prior to their stated maturity.dates shall be published once in the I,('!.:to£ifio:i:aiLo new§p.aperC Q:£:!:thet()i<i:ysn<lJ 1tJ<:\iI\e~s:Ltlb:itnnthi,rtycnor.more I than forty-fill-e days prior to the date of redemption.Notice of suchcallforredeJ!IPi;;ion shail,a~sobe'.mail:edto Terry Thompson I),Co ••e Northern .!-ii'eTowel:'.Seattle:.1.Washington. or its successors .\17i thin the s ame period..Interes.t on any· Bonds so called for redemption shall cease on the date fixed for such redemption upon payment of the redemption price into the Bond Fund. , Section :3.'The Bond Fund,.created and established by Ordinance No.494.is hereby divided into t\170 accounts, namely.a "Principal and Interest Account"and a "Reserve Accountl." So long as any Bonds are outstanding against the Bond,Fund.the City Treasurer of the City of Marysville shall lSetaaide and pay into the Bond Fund,after the payment Of the expenses of maintenance'and operation of the waterworks.\1tility of the.City. out of the gross revenues of,said ~tility a fixed amount.with~ out regard to any fixed proportiol1.as follows: <.a)'Into.the'I.prin.cipal <and Interest........_.- Account."monthly.on or before the 20th day of each month beginning with the month of ~~Y.1963.1/8th of the amount of interest payable on the bonds,on January 1.1964.and 1/14th of the amount of principal due on the bonds on July 1.'1964 e .'and beginning with the month'of January,1$164.and continuing there- after.1/6th of the next ensuing six months' interest requirements on the Bond,and be- ,ginning with the month of July.1964.1/12th of the next ensuing twelve months'require- ments for principal on the Bonds.and con- tinuing thereafter until the bonds are fully paid; (b)Into the Reserve :Account."monthly. beginning on June 1.1963.the sum of at least $200.00 and a similar sum on or before the 1st day of each month thereafter until a total sum of $12.000.00 shall have been acctlmulated by no later than April 1.1968 • • The "Reserve Account"may be accuJ1lulated from any other manies which the City of Marysville maY have available for such purpose.in addition to using said,revenues therefor. The "Reserve Accounc"shall.except for withdra\17als therefrom! as authoril?ed herein.after the said sum of,at least $12.000.00 has been accumulated therein.be maintained,in such amount.at all times so long as any of the Bonds is outstanding.PROVIDED. HOW'EVER.that whe n the total amount in the Borrd Fund shall equal the total amount of the principal and,interest on all outstanding BondS to the last maturity thereof.no further payments need be made into the Bond Fun&~ In the event that there shall be a deficiency in the "!lrincipal,and Interest Account"in the Bond Fund to meet matur- ing installments of either principal or interest as the case may be.such deficiency shall be made up from the "Reserve Accounr" by the withdrawal od cash therefrom for that purpose.Amy deficiency created in the "Reserve,Account ,"by reason of any such withdrawal~sha11then be ~ade up from the monies from the revenues of the wa,terworks utility o f the (Jity first. available after making necessary p:rovisions f()r the required payment into the "Pr:l.l1cipa,lal1d Illt~rest .l\.ccount."The monies in the "Reserve Account"shall otherwise be held intact.and may be applied against the last outstanding Boridsj. (', I,, .\) "~,-'"-'--'----~----,---------"'--',.",_~-~--'-',--------~-----~-~---------------------~~--I i331.' l. All monie~~n the "R~se~veAccQ~nt,"aboveprovided fori may be k~pt on deI>0~it l.ntb.~of:t'~cia.l bank d~pository of the City ()f Marysv~lleorinanynationalbank or may be invested in Un~ted_States ~ove~IJment opligationsmaturing not later than one month pri()r t()th~final maturity date of the last outstanding Bon<i~.:rntere5ton any ,such investment o:t on such bank accountsha.l1 beD<iepor:;it/ild in and become a part of the "Reserve AccQunt"until there shall be a total reserve of $12,000.00 therein;as aforesaid,after Which sucn interest shall be deposited in the "Principal a.nd Interest Account." The gross revenues ofsai<i waterworks utility of the City are hereby pledged to such payments,and the Bonds shall constitute a,charge or lien upon such revenues prior and superior to any other charges'whatsoever,excluding charges for maintenance and operation,eXoept that the charge or lien IUpon said revenues for the tlonds shall be on a parity with the charge or lien upcn said-revenues for the outstanding "Water Revenue Bonds,1952"(Series A,Series B,and Series C), "Water and Sewer Revenue Bonds,1955,""Water and $ewer Revenue onds ,1959,"and .any water and sewer revenue bonds hereafter lissued on a'parity with the said total'issue of "Water Revenue ,onds,1952,"said "Water and Se,,,er Revenue Bond's,1955,"said "Water and Sewer Revenue Bonds,-1959,"and the Bonds,in ccordance with the provisions of Section 19 of Ordinance No.384. If the City shall fail to set aside and pay into this ond Fund the amounts which it has obligated itself by this ection to set aside and pay fuherein,the holder of any Bond y bring guitagainst the City to compel it to do so. Section 4.The City of Marysville shall establish, naintain and collect such,rates and charges for water and san&- ary sewage disposal service as iong-as any "Water Revenue onds,1952"(Series A Series B,and Series C,),"Water and ewer Revenue Bonds,1~55,""Water and Sewer Revenue Bonds, 959,"and the Bonds are outstanding,as will make available or the payment of the principal of and interest on all such onds as the same 'shall accrue,an amount equivalent to at east 1.4 times the average annual debt service,beth principal nd interest,of said "Iiate~Revenue Bonds,1952",(Series A,' eries B,and Series C),",vater and Sewer Revenue Bonds,1955," Water and Sewer Revenue Bonds,1959,"and the Bonds,after educting the cost of maintenance,operation and taxes from he revenues of the ,waterworks utility of the City. Section 5.The City of Marysville hereby binds tself irrevocably not to mortgage,sell,lease,or in any anner encumber or dispose of the waterworks utility of the ity until all the Bonds,with interest thereon,shall have een fully paid,and'the City hereby covenants and agrees to aintain in good condition and to oPerate said utility,and o establish,maintain and collect such rates as will produce ross revenues from said waterworks utility of the City suf- icient to "permi t payment into the'Bond Fund of the amounts l~dged for the pa~nent of 'the total outstanding issue of : Ivter Revenue Bonds,1952,"",vatel"and Sewer Revenue Bonds, 955,"and "Water and Sewer Revenue Bonds,1959,"and other- ise bo meet,obligations of the City as h,erein set,forth. Section 6.The,City'pf Marysville will,While any of [the Bonds remain,outstanding,~eep proper bo oks of accounts and ecords (separate andfl,part from ",ther accounts and records)in 'hich completea,nd ce~~ect entries w~ll be macleef all trans- ctiens rel,ating to"tIle watj;l':t:W9:r;-k;s Utility,o f th~Oi ty,and it .,rill furnish -l:b,e 'ori,g'ina:tpurcl'la,se:t:of..t1;ll;l13onds,or any subse» uent holdo~s():tlJhoilde':r;s"tl;J.<!lileof;-.-iat(/l-ihe.e~l;lt!lV;elJf~l'lIl\!gstof such holder,complete operating al1c;lit1cQtne statemel1tsof said water- works utiiityofthe City :in r-ea.s onabLe detail,covering at.Jy iscal year,not more than thirty days after the close of sa1d iscal year,and it will grant any holder or holders of at least r r "l~"'"ltJ!'h" ;:._.- The Bonds shall be in substantially the,Section 7. following form: i~~C~C~~25%of-the outstanding-il~~d;-the-~ight-~t-';:l-i J;'easonabl;-ti';~s ..."'---~--- ;to inspect the waterworks utility of the City and all records, I accounts and datq of the City relating the~eto.. I No._$1',000.00 UNITED STATES OF AlVIERICA STATE OF WASHINGTON CITY OF MARYSVILLE lvMrER AND SElvER REVENuE BOND,1963 -~_% KNOlv ALL MEN BY THESE'PRESENTS:That the'City of Marysville,'State of lvashing;" ton,for value received,hereby promises to pay to bearer on the 1ST DAY OF JULY,19~, ,the principal sum of ' ONE THOUSAND DOLLARS together with interest thereon at ,the rate of'"_..,_'PER CENT ( %) PER annillli,J'payabJte semiannually on the 1st days of January and July of each year,with the first'interest coupon be~ng payable January 1,1964 ,covering the eight months I , period from May 1,1963,to January 1,1964" upon surrender and presentation of the attached interest coupons as they severally mature up to the bond maturity date,and with full obligation on the part of the City to pay interest at the same rate from and after the bond maturity date until this bond'with interest is paid in fUll~ Both principal and interest are payablev in lawful money'of the United States of America,at the office of 'the City Treasurer ot ?-'larysville',Washington,solely out of the 'special fund created by Ordinance No. 494,and known as "lvater and Sewer Revenue Bond'Fund,1963"(hereinafter called the "Bond Fund),into which fund the City of Marysville hereby irrevocabiy binds itself to pay certain fixed amounts out of the gross revenues of the waterworks utility of the City,inclUding the sewerage system as a part thereof,'and including all addi- tions,betterments,and extensions thereof at any time made or constructed (said combined water system and sanitary'sewage disposal system and'all additions thereto being hereinafter referred to as the "waterworks utility of the City"),without regard to any fixed proportiort,namely,an'amount sufficient to pay the principal of and interest on this issue of bonds as they respectively become due,and to accumulate a reserve in th~amount of $12,000,all at 'the times and in the manner-set forth in Ordinances Nos.494 and 497~ The'gross ~evenues ofs~icl waperw()rks utility of the City are hereby pledged to such payments,a~d the bonds of this issue shall constitute a charge or lien upon such ------~~-_._._, 3;13 -u'""I revenues prior ana "sup(i"rIorto any--6ther charge.s 'liha:t;sc:>ever"e.x()luding charges for maintenance.c..nd operat:tc:>n,Elxcept that.the chCl.rge()rlie.l1up()n!lCl.:td.~Elv:erll..leS for the bonds of this issue shall be ona parity wi.th'theci'l~~gEl orlie~upon said revenues for the outstanding "\vater Revenue Bonds, 1952"(Seriefl A,Series B,ahd:Series cl, "lVater and Sewer Revenue Bonds;1955;". "Water ahd Sewer Revenue Bonds,1959,"and any water and'set.rerrevenue bonds,hereafter issued on a parity with s"id total'issue of "Water Revenue,Bonds,1954,"said "WAtElr and Sewer Revenue Bonds;1955;"said "Water and Sewe:r:Hevem19Bonds.1959,"and the bonds of this issue,in accordance with the provisions of Section 19 of ordingnce No.384. This bond is one of a total authorized issue of'$395,ooo.00 of bonds,a11 of like date,tenor:and effect,except as to matur- ',ities and interes:t;rates,all payabte fI'om 'the Bond Fund,and all issued by the City under and in pursuance of the laws of the State of Washington a11d Ordinance 'Nos.494 and 497 of the City of 11arysvi11e,for the purpose of prOViding funds to pay the cost and expense of carrying out a system or ,plan for making certain additions to and betterments and extensions of the waterworks utility of the City,an,d for the pur-po se of prOViding the funds to refund,pay,retire and canoe 1 ali"au ts tanding,"Water and Sewer Revenue Bonds,'19S7,",of the City.Refer- ence is made to"said brdinance!;l as more fully describing the covenants with and rights of holders of bonds of this issue. The C:tty ofl-mrysville reserves the right to redeem the bonds in whole OJ.'in part,in inverse nomElrical order,for any'purpose and from ahY source,on Ju1y ~,1968,oroon any semiannua1 interest payment date thereafter at a redemption price of 105%of par value thereof,pius accrued interest to date of redemption',which redemption price shall re- duce 1%for each fu1l year the redemption is subsequent to July 1,1968,to a redemp- tion price of par,'plus accrued interest to 'date of redemption,on or after July 1,1973'. <Notice of any call for redemption of the Bonds prior to their stated maturity dates shall be pub1ished once in the official news- paper of the City not less than thi~th nor more than forty-five days prior to the date of redemption.Notice of such call for re- demption sha11 also be maiied to Terry!Thompson &Co."No:i:thern Life TO'lier,Sea tt1e 1 ,Wash- ington,or its successors,within the same period.Interest on any bonds so called for redemption Shall cease on the,date fixed for such redemption upon payment of'the redemp- tion price into the BondFund~ The CitY9f 11arysv:i.lle sha:1.l establish, maintain and c9~lect s~ch ~ates and charges for 'W<lte~and s()'liElrgge ~ervi:ceas ~9ngas' any "Water Revenue Bonds"1952"{Series A, Series B,"and 'series C),'UWater and Sewer Revenue Bonds,1955,""lVater and Sewer Revenue ~ 3;34 -,----------, Bonds,19.59,"and the bonds o:f this issue are outstanding,.as '~iiimake'avai.lable for the paYllleni;9ftlJ.~l?r:l,!1cil?ai.()f arid ini;e.rtilst on a:q such 1:><>n<;lll,<t5.th!".sall1~shallaccr\l~' anamountequivalent to at least 1.4 times the average ailntlal<;lebt service,.both princi- pal.and j,nterest,<>:f5elid "WC\~E!rRevE!nue ' Bond.s ,:1,952".(~el."ie5J\,Series BLand Series c}, "\Vaterand.S~werRevElnt1e89n<1s,1955,""lvater and Sewel."¢evenue Bonds1959,"and thel>onds of this issue,'after deducting·th/il cost of maintenance operation and taxes from the revenues of the waterworks utility-of the City. The City of Marysville hereby binds itself irrevocably not to mortgage,sell,lease,or in 'any manner encumber or dispose of the water- works utility'of the City until all the bonds of this issue,with interest thereon,shall hav.e been fUlly'paid,and...the 9.i..tYh.ereby cov- enants and agrees to rnUnta1nin,good condition and to operate said utility,and to establish, maintain and collect such rates'as .illl produce gross revenues~om said waterwo~ks utility of the City sufficient to permit payment into the Bond Fund of the amounts required for the payment of the principal of and interest on the bonds of this issue as.they become due and , in addition thereto,to pay all costs of main- tenance and operation,taxes,and the amounts pledged for the payment of the total,'outstand- ing issue of "Water Revenue Bonds,:1.952," "11'tel."and Sewer Revenue BClnds,1955,""Water ana Sewer Revenue Bonds,1959,"'and other- wise to meet the ob:l.igations of the City as set forth in Ordinances NO$'~494 and 497. It is hereby certified and declal."ed that the bonds of this issue are issued pursuant to and in strict COmPliance with the con- stitution and Laws of'the State of Washington and the ordinances'of the City of Marysville, and that all acts,conditions and things re- quired to be done precedent to and in the issuanc:::e of this bond have happened,have been done,and have been performed'as required by la,~. IN WITNESS WHEREOF,the ,City of Marysville, Washington,has caused this bond to be signed by its Mayor and attested by its City Clerk, and its cOl."porate seal,to be hereto affixed, and the interest coupons attached to be signed by the facsimile signatures of said officials this 1st day of July,1963. CITY OF MARYSVILLE,lvASHINGTON BY --::~------- ATTEST: City Clerk l 335 ._-_._----, ;,:;,:,;,-.--."",,~ The interest coupons attached to the Bonds 'shall be n sUbstantially the following form: -Nof~j~:-:·-!.~:.;\':' $._---:- On (JANUARY),(JULY)1,19 ,the City OF ].L\RYSVILLF:,WASHINGTON,uiXi"l1presenta tion . and surrender of this coupon.will.pay to . bearer,at the offioe",f the -City Treasurer. the sum of' .DOLLARS ($----,."j'"",-.-ci:-n-c1::-1:'"a-·w:r...",u-·'="l-m-o-n-e-y-o""f::"".""'t'"'h-e- United States of America from tpeGi;;peoial :fund of the City,known'as the "Water and Sewer Revenue Bond ..l!und.1963."said sum being six months'interest.(eight months' interest on Bond No.1)then due on its "Water and Sewer Revenue Bond,1963." dated July 1,1963,and numbered • CITY OF ].L\RYSVILLE.WASHINGTON ]'1ayorBy--""ifuYW---- ATTEST: City Clerk Section 8.The Bonds shall be printed on lithographed orms;shall be signed by the ].1ayor and.attested by the Clerk. hall have the seal,o:f the City o:f ].1arysville affixed thereto, nd the coupons shall bear the ~acsimile signatures of the ;ayor and the Clerk. Section 2.'The City Treasurer of the City of].~rys­ ille is hereby ,authorized and directed to call :for payment n July 1,1963',~in the manner provid.ed in Ordinance No.433 nd ·irtthe bonds'.all outstanding "Water and Se,\'Or Revenue onds.19.57."and-the City Treasurer is hereby authorized and irected to deposit from proceeds received from the sale f the BondS.in the "Principal and'Interest Account"in the '\'tater and Sewer Revenue Bond Fund,19.57,"suoh amount as will e su:f:ficient,together with the money then on deposit in the 'Prinoipal and Interest Aocount"and in the "REserve Aocount" n said "Water and Sewer Revenue Bond Fund.19.57."to pay the rincipal.interest,and call premium on $13.5,000.00 par value :f said outstanding "Water and Sewer Revenue Bond,19.57,"on { 'uly 1,1963.The balance o:f the principal proceeds received rom the sale o:f the Bonds shall be deposited in the "\I'ater nd Se,,,er Construction Fund"o:f the City and used for the urpose of carrying out the system or plan o:f additions.to nd betterments and extensions o:f the waterworks utility oftheCity,as speci:fied and.adopted in Ordinance No.494.The ccrued interest received,if any,shall be deposited in the ond Fund.. Seotion 10.Terry Thomps",n &Co.of Seattle,Wash- ~ton,hereto:fore offered to purchase the bonds at a price f $98.2.5 per each $100.00 par value thereof,plus accrued ,.nterest from the date.of 3...•e suance to the date of'deliver.y..-',-'-.\ f the Bonds,the pur<:>haser to furnish,at its expense,the rinted bonds for ..execution by the City o:fficials,and the i ty to :furnish the unqual:l':f1ed'approving legal opinion overing the Bonds of Messrs.R~berts,Shefelman.Lawrence, \'336 ="..,,,.':':"n__ i= I·l···········G.ay &..MO.C..h,...munf.e ap..a..l bond....co.u.n...se.1 ..0:f .S.e.a..t."1;1e..,.Iv.a.shington,and the purchaser to p~y the cost of such opinion.The City I Council being of the opinion that no better price could be I obtained for the BQl'Id.!{•.and that'it was in tl~ebest interests !of the City toac~QP~said offer,duly accepted ~he same on March 11,1963,which aocep cance is hereby duLy ratified and oonfirmed.The Bonds sl:1all,therefore.immediately upon exeoution.be c:elivered to Terry Thompson .&Co.,in Seattle, Washington,upon said purqhaser's paying for the same in accordance .with its offer" PASSED By the City Counoil at.a regular meeting thereof and approved by the MaYOr'of the City of lfiarysviUe', Washiugton,this 1st day of April,19~3. N.P.Gardner (Signed) Mayor. ATTEST: Amelie Dockendorf (Signed) CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY This is to certify that the.foJ:"egoing ordi!1apce is atru.,;,and oorrect popy of Ordina!1ce :No.497 of th.,;,City o.f,lfiarys;vil:t.,;" Snohomish County.Washington and that the same ~~s published aooording to law on the ~day of April,1963. City Clerk