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HomeMy WebLinkAboutOrd1967-360 --.--- F J..p 1 ': t?J- C ~td- ~Fj ---a.. :>>t41.- \ III .f!.Lo F;.Q -Ziu-d,J~- ORDINANCE No.3 b 0 AN ORDINANCE of the City of Seward, Alaska, confirming the result of a special election held within the city on October 5, 1965; providing for the issuance and sale of general obligation bonds of the city the principal amount of $270,000 for the purpose providing part of the funds necessary to dredge, and improve the small boat harbor of the city as provided in Resolution No. 464 of the city passed and approved September 7, 1965, and authorized by the qualified voters of the city at such special election; creating a construction fund, a bond and interest sinking fund account; providing the date, form, terms, maturities and covenants of said bonds, and for the annual levy of taxes to be made without limitation as to rate or amount to pay the principal thereof and interest thereon; and declaring an emergency. in of expand WHEREAS, at a special election held in the City of Seward, Alaska (hereinafter called the "City"), on October 5, 1965, the proportion of the qualified voters of the City required by law for the adoption thereof voted in favor of a proposition authorizing the issuance of general obligation bonds in the principal sum of not to exceed $270,000 for the purpose of providing the funds necessary to dredge, extend and improve the small boat harbor of the city, as more particularly provided in Resolution No. 464 of the City passed and approved September 7, 1965: and WHEREAS, it is now necessary and to the best interest of the City and its inhabitants that it sell and issue said bonds so authorized in order to pay part of the cost of such improvements; NOW, THEREFORE, THE CITY OF SEWARD, ALASKA ORDAINS by the City Council of the City of Seward, Alaska, as follows: Section 1. The result of the special election held within the City on October 5, 1965, at which the proportion of the qualified voters of the City required by law for the adoption thereof voted in favor of a proposition authorizing the issuance of general obligation bonds in the principal sum of not to exceed $270,000 for the purpose of providing funds necessary to dredge, extend and improve the small r- boat harbor of the City, is hereby in all respects confirmed. Section 2. There shall now be sold and issued $162,000 principal amount of general obligation bonds of the City (hereinafter called the "Bonds") out of the $270,000 of such bonds authorized by the qualified voters of the City at the above-mentioned special election, for the purpose of providing part of the funds necessary to dredge, extend and improve the small boat harbor of the City as provided for in its Resolution No. 464 passed and approved September 7, 1965. The Bonds shall be dated as of June 1, 1967, shall be in the denomination of $1,000 each, shall be numbered from 1 upwards consecutively, shall be registrable as to principal only, and shall bear interest at a rate of not to exceed 4 1/8% per annum payable December 1, 1967 and semiannually thereafter on the first days of June and December of each year from date of issue as evidenced by coupons to be attached thereto. The Bonds shall mature on June 1 of each of the following years in the following amounts: Maturity Year Amount Maturity Year Amount 1968 $5,000 1978 $ 8,000 1969 5,000 1979 9,000 1970 6,000 1980 9,000 1971 6,000 1981 9,000 1972 6,000 1982 9,000 1973 7,000 1983 9,000 1974 7,000 1984 10,000 1975 7,000 1985 11,000 1976 8,000 1986 11,000 1977 8,000 1987 12,000 Both principal of and interest on the Bonds shall be payable in any coin or currency which is legally acceptable on the respective dates of payments for debts due the United States of America, at the office of the City Treasurer, Seward, Alaska, or at the option of the holder at National Bank of Alaska, Anchorage, Alaska. Section 3. The City hereby reserves the right to redeem outstanding Bonds in whole, or in part in inverse numerical order, on 2. f' any interest payment date after December 1, 1976, upon at least thirty days' prior notice, at par plus accrued interest to the date of redemption. Notice of any such intended redemption shall be given by registered mail sent to the registered owners of the Bonds to be redeemed at their addresses appearing on the registry book at least thirty days prior to the redemption date and, unless all of the Bonds to be redeemed are registered Bonds, by publication once in a financial journal printed in the English language and of general circulation in the City of New York, New York, such publication to be not more than forty-five nor less than thirty days prior to said Tedemption date. The redemption notice shall state the serial numbers of the Bonds called for redemption and that interest thereon will cease on the redemption date, and shall direct that such Bonds, together with all coupons, if any, maturing on or after the redemption date, shall be presented by the holders for payment and cancellation. Section 4. The Bonds shall be in substantially the following form: UNITED STATES OF AMERICA NO. $1,000 STATE OF ALASKA CITY OF SEWARD GENERAL OBLIGATION BOND, 1967 The City of Seward, Alaska, for value received hereby promises to pay to bearer, or if this bond be registered, to the registered holder hereof, on the first day of June, 19___, the principal sum of ONE THOUSAND DOLLARS together with interest thereon at the rate of 4 1/8% per annum 3. r- payable December 1, 1967 and semiannually thereafter on the first days of June and December of each year from date hereof as evidenced by and upon presentation and surrender of the attached interest coupons as they severally become due, or until such principal sum shall have been paid or duly provided for. Both principal of and interest on this bond are payable in any coin or currency which is legally acceptable on the respective dates of payments for debts due the United States of America, at the office of the City Treasurer, Seward, Alaska, or at the option of the holder, at National Bank of Alaska, Anchorage, Alaska. Both such principal and interest are payable in accordance with the provisions of Ordinance No. -360 adopted by the Council of the City of Seward (herein called the "City") on the~day of August, 1967, out of the 1967 General Obligation Bond and Interest Sinking Fund Account of the City (hereinafter called the "Sinking Fund Account") created by such ordinance. The City has reserved the right to redeem the outstanding bonds of this issue in whole, or in part in inverse numerical order, on any interest payment date after December 1, 1976, upon at least thirty days' prior notice, at par plus accrued interest to the date of redemption. Notice of any such intended redemption shall be given in the manner provided in Section 3 of said Ordinance No. ~. This bond is one of an authorized issue of negotiable general obligation bonds of the City of like amount, date and tenor except as to number and date of maturity in the aggregate principal amount of $162,000, and is issued pursuant to a vote of the qualified voters of the City, Resolution No. 464 and Ordinance No. S~O of the City, for the purpose of 4 . r providing part of the funds required to dredge, expand and improve the small boat harbor of the City as more specifically provided in said Resolution No. 464. The City has irrevocably covenanted by said Ordinance No. ~ that it will levy taxes annually upon all the taxable property within the City without limitation as to rate or amount and in amounts sufficient to pay the principal of and interest on the bonds of this issue as the same shall become due. The full faith, credit and resources of the City are hereby irrevocably pledged for the annual levy and collection of such taxes and for the prompt payment of such principal and interest. It is hereby certified that all acts, conditions and things required to be done precedent to and in the issuance of this bond have happened, been done and performed and that the total indebtedness of the City, including this bond and the bonds of this issue, does not exceed any constitutional, statutory or charter limitation. IN WITNESS WHEREOF, the City of Seward, Alaska, has caused this bond to be signed by its Mayor, to be attested by its Clerk, the official seal of the City to be impressed hereon, and the interest coupons attached hereto to be signed with the facsimile signatures of said officials as of the first day of June, 1967. CITY OF SEWARD, ALASKA By Mayor ATTEST: City Clerk 5. ~' The interest coupons to be attached to the Bonds shall be in substantially the following form: NO. $ On the first day of , 19 , the City of Seward, Alaska, will pay to bearer at the office of the City Treasurer, Seward, Alaska, or at the option of the holder at National Bank of Alaska, Anchorage, Alaska, the sum shown hereon in any coin or currency which is legally acceptable on such date for debts due the United States of America, said sum being the semiannual interest due that day on its General Obligation Bond, 1967, dated as of June 1, 1967, and numbered CITY OF SEWARD, ALASKA By Mayor ATTEST: City Clerk The Bonds shall have endorsed thereon the following registration certificate: This bond may be registered as to principal only on the bond registry book of the City maintained at the office of the City Treasurer, Seward, Alaska, such registration to be noted hereon, and thereafter the principal of this bond shall be payable only to the registered holder, his legal representative or assigns. This bond, if registered, shall be transferable to another registered holder or back to bearer only upon presentation to the City Treasurer with the legal assignment duly acknowledged or proved. 6. r Registration of this bond shall not affect the negotiability of the coupons attached hereto, which shall at all times be transferable by delivery. Date of Registration Name and Address of Registered Owner Signature of Authorized Officer Section 5. The Bonds shall be signed on behalf of the City by its Mayor, shall be attested by the City Clerk, and shall have the official seal of the City impressed thereon. Each of the interest coupons attached thereto shall be signed with the facsimile signatures of said officials. Section 6. Any purchaser of the Bonds as advertised for sale by the City may elect to accept a nonnegotiable bond registered as to both principal and interest with a face value in the amount of the Bonds, in lieu of individual coupon bonds. Any such fully registered bond shall be executed in the manner provided for the Bonds and shall be of type composition on paper of sufficient weight and strength to prevent deterioration throughout the life of the loan represented by such fully registered bond. Such fully registered bond shall be dated as of June 1, 1967, shall bear such rate or rates of interest from such date as may be fixed upon the sale or sales thereof, shall mature in installments in the years and amounts set forth in Section 2 of this ordinance, and shall be in substantially the following form, with such variations, omissions and insertions as may be necessary under the circumstances: 7 . r~ UNITED STATES OF AMERICA NO. R-l $162,000 STATE OF ALASKA CITY OF SEWARD GENERAL OBLIGATION BOND, 1967 The City of Seward, Alaska (hereinafter called the "City"), acknowledges itself indebted and for value received promises to pay to the United States of America, Economic Development Adminis- tration, or its successor (herein sometimes called the "Payee"), or its registered assigns (herein sometimes called the "Alternate Payee"), the principal sum of ONE HUNDRED SIXTY-TWO THOUSAND DOLLARS on the first day of June in years and installments as follows: Maturity Year Amount Maturity Year Amount 1968 1969 1970 1971 1972 1973 1974 1975 1976 1977 $ 5,000 5,000 6,000 6,000 6,000 7,000 7,000 7,000 8,000 8,000 1978 1979 1980 1981 1982 1983 1984 1985 1986 1987 $ 8,000 9,000 9,000 9,000 9,000 9,000 10,000 11 ,000 11,000 12,000 in any coin or currency which is legally acceptable on the respective dates of payments for debts due the United States of America and to pay interest on the balance of said principal from time to time remaining unpaid in like coin or currency at the rate of 4 1/8% per annum on December 1, 1967, and semiannually thereafter on the frist days of June and December of each year from date hereof until the principal amount hereof has been paid or such payment has been duly provided for. So long as the Payee is the registered owner of this bond, the Federal Reserve Bank of Richmond, Virginia, shall act as collectior agent for the Payee for collection of both principal of and interest on this bond. So long as an alternate payee is the registered owner hereof, said payments shall be made at the office of the City Treasurer, Seward, Alaska, or at the option of the holder, at National Bank of Alaska, Anchorage, Alaska. 8. r Payments of principal and interest, including prepayments of installments of principal as hereinafter provided, shall be noted on the Payment Record made a part of this bond. Upon final payment of principal and interest this bond shall be submitted to the City for cancellation and surrender. Both principal of and interest on this bond are payable solely out of the special account of the City known as the "1967 General Obligation Bond and Interest Sinking Fund Account" (herein called the "Sinking Fund Account") created by Ordinance No. ~Of the City adopted August ,1 , 1967, (herein called the "Ordinance ") . In addition to the installments of principal required to be paid by the City as hereinabove set forth, the City, at its option, shall have the right to prepay installments corning due after June 1, 1977 on any interest payment date after December 1, 1976, in whole or in part, in multiples of $1,000, in the inverse chronological order of such installments, at the principal amount thereof plus accrued interest to the date of prepayment. As long as the registered owner hereof shall be the Payee, the City may prepay on any interest payment date the entire unpaid principal amount hereof, or from time to time, in the inverse chronological order of said installments may prepay such lesser portion hereof, in multiples of $1,000, as the City may determine, at the principal amount thereof plus accrued interest to the date of such prepayment. Notice of any such optional prepayment shall be given at least thirty days prior to the prepayment date by mailing to the registered owner of this bond a notice fixing such prepayment date, the amount of the principal, and the premium if any, to be prepaid. As provided in the Ordinance, this bond is exchangeable, at the sole expense of the City, at any time upon ninety days' 9. r= notice at the request of the registered owner hereof, and upon surrender of this bond to the City, for definitive bonds payable to bearer, registrable as to principal only, of the denomination of $1,000 each, bearing interest at the same rate as this bond, with the same rights of redemption as provided for definitive bonds in Section 3 of the Ordinance, in an aggregate principal amount equal to the unpaid principal amount of this bond and in the form of such coupon bonds as provided for in Section 4 of the Ordinance. This bond is a general obligation bond of the City and has been duly issued by it pursuant to Resolution No. 464 of the City, to a vote of the qualified electors thereof, and to the Ordinance, for the purpose of providing part of the funds to dredge, extend and improve the small boat harbor of the City. The City has irrevocably covenanted by the Ordinance that it will levy taxes annually upon all the taxable property within the City without limitation as to rate or amount in amounts which will be sufficient to pay the principal of and interest on this bond as the same shall become due. The full faith, credit and resources of the City are hereby irrevocably pledged for the annual levy and collection of such taxes and for the prompt payment of such principal and interest. This bond may be assigned, and upon such assignemnt the assignor shall promptly notify the City Treasurer by registered mail. The City may require presentation of this bond for verification of the Payment Record or, at its option, for exchange for a new fully registered bond. It is hereby certified that all acts, conditions and things required to be done precedent to and in the issuance of this bond have happened, been done and performed, and that the total 10. r indebtedness of the City including this bond does not exceed any constitutional, statutory or charter limitation. IN WITNESS WHEREOF, the City of Seward, Alaska, has caused this bond to be signed on behalf of the City by its Mayor, to be attested by the City Clerk, and the seal of the City to be impressed hereon, as of the first day of June, 1967. CITY OF SEWARD, ALASKA By Mayor ATTEST: City Clerk A fully registered bond shall have endorsed thereon the following form of assignment: ASSIGNMENT FOR VALUE RECEIVED, the undersigned registered owner thereof hereby sells, assigns and transfers the within bond unto DATED In the presence of: (Repeat this form of assignment) (As provided in the within bond, notice of any assignment thereof shall be given by the assignor by registered mail to the City Treasurer, Seward, Alaska, and upon the receipt of such notice the bond shall be registered as to both principal and interest on the registration books in the name of the assignee named above, but the City shall have the right to require surrender of said bond for verification of the Payment Record or, at the option of the City, in exchange for a new fully registered bond.) 11. r- PAYMENT RECORD Due Date Principal Payment Principal Balance Due Interest Payment (4 1/8%) Date Paid Name of Paying Agent Authorized Official and Title (enter amounts) (enter dates for principal and interest) (leave blank) (blank) (blank) (40 due dates--leave one-half inch space between each due date, etc., for manual interlining, if necessary; also half a page at end for any explanation which might be required) Section 7. Any fully registered bond or bonds shall be redeemable, in whole or in part, to the extent, at the time, in the manner and at the prices set forth in Section 3 hereof, except that there need be no publication of notice of redemption; provided, however, that as long as the United States of America or any officer or Department thereof owns any such fully registered bond, or any definitive coupon bond, the United States of America, or such officer or Department has waived and will waive the noncallable provisions applicabll and the specified premiums for redemption set forth in said Section 3. Any fully registered bond or bonds may also be transferred by the registered owner thereof, provided that such transfer relates to the entire principal amount of the fully registered bond transferred, and any such transfer shall be noted on the bond registration book of the City. Upon ninety days' written notice by the holder of any fully registered bond, the City shall cause to be prepared and shall deliver to such holder, at its sole cost and expense, definitive coupon bonds of type composition and on bond paper of weight and strength that is 12. r customarily used for serial bonds of an issue comparable to this issue of Bonds. Such definitive bonds shall be in the denomination of $1,000 each, shall have coupons attached bearing dates representing all installments of interest due on each of said bonds, shall be in the total principal sum of the unpaid balance due on such fully registered bond, shall be numbered and mature as provided in Section 2 hereof on those dates of maturity which have not yet occurred on the date of such exchange, except that if any prepayment authorized herein shall have been effected, such prepayment shall be deemed to have redeemed such definitive bonds in inverse numerical order. Such definitive bonds and the coupons attached thereto shall be executed and authenticated as herein provided for the Bonds. Section 8. The Bonds shall be sold after advertisement on ssealed proposals to the highest and best private bidder or bidders submittinga bid or bids with an effective rate over the life of the Bonds bid for of 4 1/8% or less, plus accrued interest to the date of delivery. Such bidders may submit bids for consecutive full annual maturities covering the first maturity and all maturities thereafter through at least June 1, 1977. If no such bid is received from a bidder other than the United States of America or any officer or department thereof for part or all of the Bonds, the Bonds shall be sold to the United States of America or any such officer or department submitting a sealed bid at the rate agreed upon for the Bonds in the offer of the Economic Development Administration of the United States Department of Commerce to purchase said Bonds, dated November 2, 1966. The Clerk of the City is hereby authorized and directed to cause a short form of the official notice of sale of the Bonds to be 13. r-- published at least once in The Bond Buyer, at least fifteen days prior to the date when such bids will be received, publicly opened, considered and acted upon. Section 9. A special account of the City known as the "Harbor Improvement Construction Account" (herein called the "Construction Account") is hereby created. The proceeds of the sale of the Bonds (except for accrued interest, which shall be paid into the Sinking Fund Account hereinafter created) shall be paid into the Construction Account and shall be expended solely for the purpose of paying part of the cost of the capital improvements to be constructed out of the proceeds of the sale of the Bonds and all costs incidental thereto. Any moneys remaining in the Construction Account after all of the above-mentioned costs have been paid shall be promptly used to the extent possible for the redemption of Bonds, and any residue shall be deposited in such Sinking Fund Account for the uses and purposes herein provided; provided, however, that the City hereby reserves the right to withdraw any funds) other than moneys received from the sale of the Bonds or grants received from the Economic Development Administration, which it may have deposited in the Construction Account which are found to be unnecessary for such purpose. Section 10. That there be and is hereby created another special account of the City to be known as the "1967 General Obligation Bond and Interest Sinking Fund Account" (herein called the "Sinking Fund Account") which shall be at all times completely segregated and set apart from all other funds of the City and shall , be a trust fund to be used solely for the security and payment of the principal of and interest on the Bonds as the same shall become due. 14. r The City hereby irrevocably covenants that it will make annual levies of ad valorem taxes upon all the taxable property within the City without limitation as to rate or amount in amounts which will be sufficient to pay the principal of and interest on the Bonds as the same shall become due, and that it will pay such taxes into the Sinking Fund Account upon collection thereof. The full faith, credit and resources of the City are hereby irrevocably pledged for the annual levy and collection of such taxes and the prompt payment of such principal and interest as aforesaid. In the event that money and/or direct obligations of the United States of America maturing at such time or times and bearing interest to be earned thereon in amounts sufficient to redeem and retire the Bonds in accordance with their terms are set aside in the Sinking Fund Account to effect such redemption or retirement, and such money and the principal of and interest on such obligations are irrevocably set aside and pledged for such purpose, then no further payments need be made into the Sinking Fund Account for the payment of the principal of and interest on the Bonds, and the Bonds and the appurtenant coupons shall cease to be entitled to any lien, benefit or security of this ordinance except the right to receive the funds so set aside and pledged, and the Bonds and/or such coupons shall be deemed not to be outstanding hereunder. Section 11. For so long as the bonds shall be held by the United States of America or any office or department thereof, the City covenants as follows: (1) That it will not dispose of or encumber its title or other interest in the facilities and improvements constructed and made out of the proceeds of the bonds, including the underlying realty, or its interest in any property necessary for the access to 15. r~ and the use thereof without first obtaining the written consent of such bondholder. (2) That it will carry insurance of such types in such amounts and with such insurance carriers as are acceptable to such bondholder. Section 12. In order to enable the City to sell the Bonds as soon as possible so that it can pay part of the cost of making the harbor improvements provided for herein, an emergency is hereby found to exist affecting the proper and immediate preservation of the public peace, welfare, health and safety, and this ordinance shall become effective immediately upon its passage and publication as required by law. PASSED by the Council of the City of Seward, Alaska, and approved by its Mayor at a regular meeting of said Council held this ~day of August, 1967, after notice thereof given as required by law. CITY OF SEWARD, By ;P {V': Mayor ATTEST: ~~;;~ ~ :F?dcfT~. City Clerk 16. CITY CLERK'S CERTIFICATE I, the undersigned, the duly chosen, qualified and acting Clerk of the City of Seward, Alaska, and keeper of the records of the Council of the City (herein called the "Government Body"), DO HEREBY CERTIFY: 1. That the attached ordinance (herein called the "Ordinance") is a true and correct copy of an ordinance of the City of Seward as finally adopted at a meeting of the Governing Body held on the ~/~ day of August, 1967, and duly recorded in my office. 2. That said meeting was duly convened and held in all respects in accordance with law, and to the extent required by law due and proper notice of such meeting was given; that a legal quorum was present throughout the meeting and a legally sufficient number of members of the Governing Body voted in the proper manner for the adoption of said ordinance; that all other requirements and proceedings incident to the proper adoption or passage of said Ordinance have been duly fulfilled, carried out and otherwise observed; and that I am authorized to execute this certificate. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City this~~day of August, 1967. ~'-I&~~;r~/ ~ 7~k~ City Clerk, Seward,. Alaska