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HomeMy WebLinkAboutRes1996-135 , , r Sponsored by: Wohlforth CITY OF SEWARD, ALASKA RESOLUTION NO. 96-135 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE EXECUTION OF A SUPPLEMENTAL INDENTURE TO CORRECT A DEFECT IN THE TRUST INDENTURE DATED MAY 1, 1996, BETWEEN THE CITY AND FIRST TRUST WASHINGTON WHICH INDENTURE SECURED THE $17,500,000 REVENUE BONDS, 1996 (ALASKA SEA LIFE CENTER PROJECT) WHEREAS, the City of Seward, Alaska (the "City") is a home rule city and under Section 11 of Article X of the Alaska Constitution may exercise all legislative power not prohibited by law or the charter of the City, and it has been determined that the matters set forth in this resolution are not prohibited by law or the charter; and WHEREAS, the City issued and sold its $17,500,000 Revenue Bonds, 1996 (Alaska SeaLife Center Project) (the "Bonds") to provide funds to finance the construction and acquisition of the Alaska SeaLife Center Project; and WHEREAS, the Bonds were issued under and pursuant to and are secured by a Trust Indenture (the "Indenture") between the City and First Trust National Association (previously First Trust Washington), as Trustee, dated May 1, 1996; and WHEREAS, pursuant to Section 1002(a) ofthe Indenture a Supplemental Indenture may be authorized by a resolution adopted by the issuer (the "City") to cure any ambiguity, supply any omission, or cure or correct a defect or inconsistent provision; and WHEREAS, it is necessary to supplement the Indenture to cure a defect in Section 503(b) ofthe Indenture; and WHEREAS, there has been presented to the City a form of Supplemental Indenture to amend Section 503(b) as follows: (b) [Not less than 10 Business Days before] On or before each Interest Payment Date for the 1996 Bonds on or before April 1, 1998, the Trustee shall transfer from the Capitalized Interest Account to the Interest Account the amount of interest due on the Bonds on such Interest Payment Date. WHEREAS, it appears that the Supplemental Indenture which is now before the City is in appropriate form and is an appropriate document for the purposes intended; CITY OF SEWARD, ALASKA RESOLUTION NO. 96-135 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The form and content of the Supplemental Indenture is in all respects authorized, approved and confirmed, and the City Manager hereby is authorized, empowered and directed to execute and deliver said Supplemental Indenture on behalf of the City, in substantially the form and content now before this meeting, and from and after the execution and delivery of said Supplemental Indenture, the City Manager and City Clerk each hereby is authorized, empowered and directed to do all acts and things and to execute all documents as may be necessary to carry out and comply with the provisions of the Supplemental Indenture as executed. Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the city of Seward, Alaska, this 14th day of October, 1996. THE CITY OF SEWARD, ALASKA AYES: NOES: ABSENT: ABSTAIN: Anderson, Crane, Keil, King, Sieminski None Bencardino, Deeter None ATTEST: {)ri:XJ, ~~. n, ~ ~. ~ . b~~ -~D r Linda S. Murphy, CMC/AAE City Clerk ",,,UII,,,, ~" Of <'F!' I" (City Seal) ........ f...~ ...:::.:' 1/:;0"" ~ c} ...orJ)OA ~~..~~.~.;(O ~ ~ ...,;r:~ ""'.,.::."';;. ~ :: 0.......::- -.._ .~:::) -. :, - : ~ . :: c i ~~,"I.:::,' .Y~ : Gl 5 .. : ;: - .. . . .- -:,. ". : ~ ~ ~ '\V'V; ,,"."~~--:: ~ ~ "./il: 1, '\?... ,~ .:- "<1\ "'t)'",. ........ r,.,'O .... I" ,. 0" I'.\.,:r' .... ~,~ ,..,.... ..~.. "'''I in'"