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HomeMy WebLinkAboutORD 3788 CITY OF RENTON, WASHINGTON ORDINANCE NO. 3788 AN ORDINANCE of the City of Renton, Washington, relating to contracting indebtedness; providing for the issuance, specifying the maturities, maximum effective interest rate, terms and covenants of a $240,000 par value "Limited Tax General Obligation Bond, 1984, " of the City for strictly City purposes to provide funds with which to pay the cost of planned equipment purchases of the City; and provid- ing for the sale of such bond. WHEREAS, the City of Renton, Washington (the "City" ) , finds and declares that the City is in need of certain equipment, the estimated cost of which is $240,000, and the City does not have available sufficient funds to pay the cost; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN as follows: Section 1. The assessed valuation of the taxable property of the City as ascertained by the last preceding assessment for City purposes for the year 1983 for tax collection in the year 1984 is $2 ,030,798, 999, and the City has outstanding general indebtedness evidenced by limited tax general obligation bonds of $3,430,000 incurred within the limit of 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, unlimited tax general obligation bonds in the principal amount of $7, 140,000 incurred within the limit of up i t. to 2-1/2% of the value of the taxable property within the City for capital purposes only pursuant to a vote of the qualified voters of the City, and the amount of indebtedness for which bonds are herein authorized to be issued is $240,000. Section 2 . The City shall borrow money on the credit of the City and issue a negotiable limited tax general obligation bond evidencing such indebtedness in the amount of $240,000 for general City purposes to provide the funds to pay the cost of planned equipment purchases of the City as above described and to pay the cost of the issuance of the bond. Such general indebtedness to be incurred shall be within the limit of 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 3 . The bond shall be called the "Limited Tax General Obligation Bond, 1984" (the "Bond" ) , of the City; shall be dated as of the date of its delivery to the purchaser thereof; shall be in the denomination of $240,000; shall bear interest payable on March 31, 1984, and thereafter on the last business day of each calendar quarter, interest to the maturity or earlier redemption of the Bond. Interest shall accrue at a variable rate calculated as a percentage of Rainier National Bank' s prime rate, adjusted daily with any changes in that prime rate, which percentage of prime for each calendar year shall be as follows: 2 - Year Percentage of Prime 1984 65% 1985 65% 1986 68% 1987 70% 1988 70% 1989 72% 1990 72% The City Council declares and finds that the fixing of the above interest rate index is in the best interests of the City. The principal on the Bond shall be payable in the following installments on December 31 of each year as set forth below: Maturity Amount Year $28,012 1984 30,015 1985 31, 560 1986 33,590 1987 36,177 1988 38,785 1989 41,861 1990 The last installment will be paid only upon presentment of the Bond for payment . If any installment is not paid when due or the last installment is not paid upon proper presentation of the Bond on its maturity date, the City shall be obligated to pay interest at the then applicable Bond rate from and after that installment date until such installment with interest is paid in full or until sufficient money for such payment in full is on deposit in the "General Government Miscellaneous Debt Service Fund" of the City (the "Debt Service Fund" ) , heretofore created and d 3 - established in the office of the Finance Director, and the Bond has been called for redemption. The Bond shall be issued only in registered form as to both principal and interest on books or records (the "Bond Register' ) maintained by the City Finance Director, the Bond Registrar for the Bond. Such Bond Register shall contain the name and mailing address of the owner of the Bond. The Bond shall not be assign- able or transferable by the registered purchaser . Both principal of and interest on the Bond shall be payable in lawful money of the United States of America at the Main Office of Rainier National Bank, the registered purchaser, solely out of the Debt Service Fund. The Bond is a general obligation of the City. Section 4 . The City reserves the right to prepay the remaining principal of the Bond in whole or in part in inverse order of installments at any time, at par plus accrued interest on the principal being prepaid to the date of such prepayment. Notice of any prepayment shall be given by registered or certified mail deposited in the United States mail not less than 15 nor more than 30 days, or delivery of the notice not less than 10 nor more than 30 days, prior to the date fixed for such prepayment to the Main Office of Rainier National Bank, or its successor. Interest on any installment so prepaid shall cease on such prepayment date upon payment of the prepayment amount into the Debt Service Fund and, if a partial prepayment, mailing 4 - the same to the owner of the Bond in the manner of interest payments . Section 5 . The Bond shall be typed on a lithographed form in a form consistent with the provisions of this ordinance, shall contain a payment schedule, shall be signed by the manual signature of the Mayor and attested by the manual signature of the City Clerk, and shall have an impression of the seal of the City thereon. Only when such Bond shall bear thereon a Certificate of Authentication in the following form, manually executed by the Bond Registrar, shall it be valid or obligatory for any purpose or entitled to the benefits of this ordinance: CERTIFICATE OF AUTHENTICATION This bond is the fully registered City of Renton, Washington, Limited Tax General Obligation Bond, 1984, described in the within mentioned ordi- nance. By City Finance Director Bond Registrar Such Certificate of Authentication shall be conclusive evidence that the Bond so authenticated has been duly executed, authenti- cated and delivered hereunder and is entitled to the benefits of this ordinance. Section 6 . The City irrevocably pledges to include in its budget and to levy taxes annually, within and as a part of the tax levy permitted to cities without a vote of the people, on all of the property in the City subject to taxation in an amount - 5 - sufficient, together with any other money available therefor, to pay the principal of and interest on the Bond as the same shall come due, and the full faith, credit and resources of the City are pledged irrevocably for the annual levy and collection of those taxes and the prompt payment of that principal and interest . Section 7 . The City covenants that it will spend the principal proceeds of the Bond with due diligence to completion of the purposes specified in this ordinance and will make no use of the proceeds of the Bond or other funds of the City at any time during the term of the Bond which, if such use had been reasonably expected at the date the Bond is issued, would have caused the Bond to be an arbitrage bond within the meaning of Section 103(c) of the United States Internal Revenue Code of 1954 , as amended, and the applicable regulations promulgated thereunder . Section B . The accrued interest received, if any, upon the sale and delivery of the Bond shall be paid into the Debt Service Fund. The principal proceeds received from the sale and delivery of the Bond shall be paid into the General Government Capital Improvement Fund and Equipment Rental Fund of the City and used for the purposes specified in Section 2 of this ordinance and to pay the costs of issuance and sale of the Bond. Pending the expenditure of such principal proceeds, the City may temporarily invest such proceeds in any legal investment and the investment earnings may be retained in those 6 - respective funds and expended for the purposes of the Bonds . All taxes collected for and allocated to the payment of the principal of and interest on the Bond shall hereafter be deposited in the Debt Service Fund. Section 10. 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 source, to pay the principal of and interest on the Bond or such portion thereof included in the refunding plan as the same become due and pay- able and to refund the then outstanding Bond 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 investments thereof, to make such payments and to accomplish the refunding as scheduled (herein- after called the "trust account" ) , and shall irrevocably make provision for redemption of the Bond, then in that case all right and interest of the owner of the Bond to be so retired or refunded (hereafter called the "defeased Bond" ) in the covenants of this ordinance and, except as hereinafter provided, in the funds and accounts obligated to the payment of such Bond shall thereafter cease and become void. Such owner shall thereafter have the right to receive payment of the principal of and inter- est on the defeased Bond from the trust account and, in the event the funds in the trust account are not available for such 7 - i payment, shall have the right to receive payment of the princi- pal of and interest on the defeased Bond from the funds and accounts obligated to the payment of such Bond. Anything herein to the contrary notwithstanding, the pledge of the full faith and credit and taxing power of the City to the payment of the Bond shall remain in full force and effect after the establish- ing and full funding of such trust account. Subject to the rights of the owner of the Bond, the City may then apply any money in any other fund or account established for the payment or redemption of the defeased Bond to any lawful purposes as it shall determine. Section 11. Rainier National Bank of Seattle, Washington, has submitted an offer to purchase the Bond at a price of par plus accrued interest from the date of the Bond to the date of its delivery to the purchaser, the City to furnish the printed or typed bond 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 mate- rial issued or used in connection with the Bond, and bond coun- sel ' 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 Bond shall, therefore, immediately upon its execution, be delivered to Rainier National Bank of Seattle, Washington, upon payment therefor in accordance with such offer . - 8 - Section 12 . This ordinance shall take effect from and after its passage and five (5) days following its publication or posting as required by law. PASSED BY THE CITY COUNCIL this 23rd day of January. 1984 . MAXINE MOTOR, City Clerk APPROVED BY THE MAYOR this 23rd day of January, 1984 . Mayor Approved as to form: "14 —P"y Ciff KfV0_rney7 Date of Publication: January 27, 1984 0549r 9 -