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HomeMy WebLinkAboutO-1304 - Amends Sec. 3 of Ord. 1269, bonds for ULID No. 9 (Special)CITY OF MARYSVILLE,WASHINGTON ORDINANCE NO.11d f AN ORDINANCE of the City of Marysville, Washington,relating to the waterworks utility of the City,including the sewerage system as a part thereof;amending Ordinance No.1269 passed and approved January 24,1983;creating a water and sewer revenue bond anticipation note fund;and authorizing the issuance and sale of bond anticipation notes pending the receipt of the proceeds of the water and sewer revenue bonds authorized to be issued by Ordinance No.1269,as herein amended. WHEREAS,the City of Marysville,Washington (the "City"), by Ordinance No. 385 passed September 2,1952,combined the sewerage system of the City and all additions and improvements thereto with the waterworks utility of the City,and the sewer- age system at all times since has been considered a part of and belonging to the waterworks utility of the City,and the words "waterworks utility of the City"shall hereinafter mean the combined sewerage system and water system of the City,together with all additions thereto and betterments and extensions thereof hereafter made;and WHEREAS,the City,by Ordinance No.1269 passed January 24, 1983,specified,adopted and ordered the carrying out of a system or plan of additions to and betterments and extensions of the waterworks utility of the City;declared the estimated cost thereof as nearly as may be;created Utility Local Improvement District No.9;authorized the issuance and sale of water and sewer revenue bonds in the principal sum of apprOXimately $164,604.00 to provide the funds necessary to carry out such system or plan,such bonds to be supported by assessments to be levied in Utility Local Improvement District No.9 therein created;created a special construction fund to be known and designated as the "Water and Sewer Construction Fund,1983;"and authorized the issuance of interest-bearing warrants drawn upon such special construction fund pending the sale of such revenue bonds,or the issuance and sale of short-term bond anticipation notes in lieu of such interest-bearing warrants;and WHEREAS the City Council deems it to be in the best inter- est of the City that the City borrow money and issue such short term obligations in accordance with the provisions of Chapter 39.50 RCW (Chapter 216,Laws of 1982 Regular Session)in antici- pation of the sale of the water and sewer revenue bonds author- ized by Ordinance No.1269 for the purpose of providing the funds with which to pay the cost of carrying out the system or plan of additions to and betterments and extensions of the waterworks utility of the City ordered to be carried out by Ordinance No.1269;and WHEREAS,it is necessary to increase the water and sewer revenue bond authorization provided in Ordinance No.1269;and WHEREAS,Peoples National Bank of Seattle,Washington,has submitted an offer to purchase such short-term bond anticipation notes on the terms and conditions hereinafter set forth,NOW THEREFORE, - 2 - THE CITY COUNCIL OF THE CITY OF MARYSVILLE,WASHINGTON,DO ORDAIN,as follows: Section 3 of Ordinance No.1269 passed by the City Council and approved by the Mayor on the 24th day of January,1983,is amended to read as follows: Section 3.The estimated cost of the acquisition,con- struction and installation of the above-described additions to and betterments and extensions of the waterworks utility of the City is hereby declared to be,as nearly as may be,the sum of $235,000.00 (plus interest on the short-term financing),and such estimated cost shall be met and defrayed from the proceeds received from the issuance and sale of water and sewer revenue bonds of the City in the amount of approximately $235,000.00 (plus interest on the short-term financing). Section 2.There is created and established in the office of the City Finance Director a special fund to be known as the "Water and Sewer Revenue Bond Anticipation Note Fund,1983," (the "Note Fund"). Pending the issuance of the water and sewer revenue bonds authorized by Ordinance No.1269,as herein amended,the City shall issue and sell its ·Water and Sewer Revenue Bond Anticipa- tion Notes,1983"(the ·Notes"),in the total principal amount of $235,000.The Notes shall be numbered from 1 to 19,inclu- sive;Notes numbered 1 to 7,inclusive,shall be in the denomi- nation or $25,000 each,and Notes numbered 8 to 19,inclusive, shall be in the denomination of $5,000 each.The Notes shall be - 3 - '. dated as of the date of their issuance,shall bear interest at the rate of 7.75%per annum,payable at maturity,and shall mature on June I,1984.Both principal of and interest on the Notes shall be payable solely out of the Note Fund from the proceeds of water and sewer revenue bonds authorized to be issued by Ordinance No.1269,as herein amended,to be deposited in such fund or other short-term obligations,or other money legally available and to be used therefor,and the City irrevo- cably pledges to issue a sufficient amount of such water and sewer revenue bonds to redeem the Notes on or before June 1. 1984,from the proceeds of such bonds,additional notes,or other money available for such purpose.The Notes shall be payable in lawful money of the United States of America at the Office of the City Director of Finance in Marysville, Washington.The City Council declares and finds that the fixing of the above interest rate is in the best interests of the City. The Notes shall be printed or lithographed on good bond paper or may be in typewritten form 1n a form consistent with this ordinance and state law.The Notes shall be signed by the Mayor,attested by the City Clerk,and shall have the seal of the City affixed thereto. Section 3.The City covenants that it will spend the principal proceeds of the Notes with due diligence to completion of the purposes specified in this ordinance and will make no use of the proceeds of the Notes or of its other money at any time during the term of the Notes which will cause the Notes to be an - 4 - ·'. arbitrage obligation within the meaning of Section I03(c)of the United States Internal Revenue Code of 1954,as amended,and applicable regulations promulgated thereunder. Section 4.In the event the City shall issue advance refunding bonds pursuant to the laws of the State of Washington or have money available from any other lawful sources to pay the principal of and interest on the Notes as the same become due and payable and to refund the Notes and to pay the costs of refunding and shall have irrevocably set aside in a special fund for and pledged to such payment and refunding,money and/or direct obligations of the United States of America or other legal investments sufficient in amount together with known earned income from the investment thereof to make such payments and to accomplish the refunding as scheduled (hereinafter called the "trust account")and shall make irrevocable provision for redemption of the Notes,then in that case all right and inter-' est of the owners or holders of the Notes to be so retired or refunded (herein called the "defeased Notes U )in the covenants of this ordinance and in any funds and accounts obligated to the payment of the Notes shall thereafter cease and become void except such owner and holder shall have the right to receive payment of the principal of and interest on the defeased Notes from the trust account.After the establishing and full funding of such trust account,the City may then apply any money in any other fund or account established for the payment or redemption - 5 - ,'.. of the defeased Notes to any lawful purposes as it shall deter- mine,subject only to the rights of the holders of any other bonds then outstanding. Section 5.Peoples National Bank of Seattle,Washington, has submitted an offer to purchase the Notes at a price of par, plus accrued interest from the date of the Notes to the date of their delivery to the purchaser,the City to furnish the printed or typewritten Notes and the approving legal opinion of Roberts &Shefelman,municipal bond counsel of Seattle,Washington,at the City's expense.Bond counsel shall not be required to review or express any opinion concerning the completeness or accuracy of any official statement,offering circular or other sales material issued or used in connection with the Notes,and bond counsel's opinion shall so state.The City Council, deeming that it is in the best interest of the City that such offer be accepted,accepts the same.The Notes shall,there- fore,immediately upon their execution,be delivered to Peoples National Bank in Seattle,Washington,upon payment therefor in accordance with such offer. The principal proceeds received from the sale of the Notes shall be paid into the Water and Sewer Construction Fund,1983, and used to pay a part of the costs of the improvements ordered to be carried out by Ordinance No.1269. Section 6.This ordinance shall take effect from and after its passage and five (5)days following its publication or posting as required by law. - 6 - ....... .~. PASSED by the City Council and APPROVED by the Mayor of the City of Marysville,Washington,at a regular open public meeting thereof,this 22nd day of August,1983. ATTEST: APPROVED AS TO FORM: ~••-=ft~Cy Attorney 0238m - 7 - AFFIDAVIT OF PUBLICATION No._ STATE OF WASHINGTON, County of Snohomish, SS. _--~~~.?:_~_.__~_~~?Y!~!'~~,being first duly sworn on oath deposes and says that he is the,""-~-~g~-~t~~3_--__ of THE MARYSVILLE GLOBE, a weekly newspaper. That said newspaper is a legal newspaper which has been ap- proved by order of the Superior Court in Snohomish County June 18, 1962 in compliance with Chapter 213 of Washington Laws of 1941, and it is now and has been for more than six months prior to the date of the publication hereinafter re- ferred to,published in the English language continually as a weekly newspaper in Marysville,Snohomish County,Wash- ington,and it is now and during all of said time was printed in an office maintained at the aforesaid place of publication of said newspaper.That the annexed is a true copy of a Ordinance 1304 ._____________________________________________as It was published in regular issues (and not in supplement form)of said newspaper once each week for a period of __~g9 con- secutive weeks,commencing on the -24-th-day of _--Aug.us.t 19_?_~,and ending on the __R4!iJl day of -~~'J~_t 19__a.1 both dates inclusive,and that such newspaper was regularly distributed to its subscribers during all of said period.That the full amount of the fee charged for the foregoing publi- cation is the SU~$--~§-8E!.72 __.which amount has beenpaid in full ... """"-~ Subscribed :~-:-ci~rc .,-~~i~-~__~~.:z~2L~ day of -----~~~k~9~~. Notary Public In and tor the State or Washlngton, .Residing at Marysville.