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HomeMy WebLinkAboutOrd1962-317 r I I I I I . ' ." " tl~ ORDINANCE NO..3 / 7 AN OabI~NCE of the City council of the City of SeWard~ Alaska; providing for the 1seuance ahd sale of general obligation bonds of the city, in the principal sum of $226,000 in order to provide money to pay the cost of acquiring, cohstructing and installing certain capital improvements to the existing water supply and distribution system of the city as approved by the qualified electors of the city at a special election held therein on the 10th day of April, 1962; providing the date, form, terms and maturities of said bonds, and for unlimited tax levies to pay the principal thereof and interest thereon. WHEREAS, at a special election held in the City of Seward, Alaska on the 10th day of April, 1962, the number of qualified electors of the city required by law for the adoption thereof voted in favor of a proposition authorizing the issuance of general obligation bonds of the city in the principal amount of not to exceed $226,000 to provide money to pay the cost of acquiring, constructing and installing certain capital improve- ments to the existing water supply and distribution system of the city; and WHEREAS, it is necessary and advisable that the city now sell and issue all of said bonds to provide the money necessary for said purposes; NOW, THEREFORE, the City of Seward, Alaska ordains as follows: Section 1. That there shall now be sold and issued the $226,000 of general obligation bonds of the city authorized by the qualified electors of the city at a special election held therein on the 10th day of April, 1962 for the purpose of providing money to acquire, construct and install certain capital improvements to the existing water supply and distribution system of the city, all as more specifically described in Resolution No. 255 of the city. Said bonds $hall be dated September 1, 1962, and, unless the purchaser or purchasers elect to t.ke the fully registered bonas as hereinafter provided, shall be in the denomination of $1,000 each, may be registrable at the option of the holder as to principal only. and shall bear interest at a rate of not to exceed six per cent (6%) per annum payable semiannually on the first days of March and September of each year as evidenced by coupons to be attached thereto. Both principal of and interest on said bonds shall be payable in any coin or currency which on the respective dates of payments of such principal and interest is legal tender for the payment of debts due the United States of America at Seward Branch, First National Bank of Anchorage at Seward, Alaska. or. at the option of the holder. at Chase Manhattan Bank, New York, New York. Said bonds shall be numbered and mature in order of their number as follows: Bond Nos. Maturitv Date Amount 1- 5 September 1, 1964 $ 5,000 6-10 September 1, 1965 5,000 11-15 September 1, 1966 5,000 16-21 September 1, 1967 6,000 22 -27 September 1, 1968 6,000 28-33 September 1, 1969 6,000 34-39 September 1, 1970 6,000 40-45 September 1. 1971 6,000 46-52 September 1, 1972 7,000 53 -5 9 September 1, 1973 7,000 60-66 September 1. 1974 7,000 67-73 September 1, 1975 7,000 74-80 september 1. 1976 7,000 81-88 September 1, 1977 8,000 89-96 September 1, 1978 8.000 97-104 September 1, 1979 8,000 105-113 September 1. 1980 9,000 114-122 September 1, 1981 9,000 123-131 September 1, 1982 9,000 132-140 September 1, 1983 9,000 141-150 September 1, 1984 10,000 151-160 September 1, 1985 10,000 161-170 September 1, 1986 10,000 2 r I I i i J;"''' Bona Nos. Maturitv Datt':! Amount 171-181 September 1, 1987 $ 11,000 182 -192 September 1, 1988 11,000 193...203 september i, 1989 11,000 204"214 september 1, 1990 11,000 215-226 Sf'ptember 1, 1991 12,000 Section 2. The city hereby reserves the right in the event it issues negotiable serial coupon bonds, to redeem any and all of said bonds in inverse numerical order on any interest payment date on and after September 1, 1973 at par plus accrued interest and plus a premium of one-fourth of one per cent (1/4 of 1%) for each year or fraction thereof from the date of redemption to the date of maturity of each bond to be redeemed, such premium in any event not to exceed three per cent ()%) of the principal amount of any bond to be redeemed. The city hereby reserves the right in the event that it issues single bonds in lieu of negotiable serial coupon bonds, as hereinafter provided in Section 4, to prepay on any interest payment date on and after September 1, 1973 the entire principal amount thereof then remaining unpaid, or such lesser portion thereof as it may determine upon, in inverse chronological order of installments and in multiples of One Thousand Dollars ($1,000) at the principal amount plus a premium of one-fourth of one per cent (1/4 of ~) for each year or fraction thereof from the date of prepayment to the due date of such principal, plus accrued interest; such premium in any event not to exceed three per cent ()%) of the principal amount to be prepaid. Notice of any such intended redemption or prepayment shall be given by registered mail sent to the registered owners of the bond or bonds to be redeemed or prepaid at their addresses appearing on the Registry Book at least thirty (30) days prior 3 to the redemption or prepayment date and, unless all of the bonds to be redeemed or prepaid are registered bonds, by publication of said notice in SOme newspaper of general circulation printed and pUblished in the City of Seward, Alaska not more than forty , (40) nor less than ~hirty (30) days prior to such redemption or prepayment date. Ihterest on any such bond or bonds so called for redemption shall cease to accrue on such redemption date unless such bond or bonds shall not be redeemed upon presentation made pursuant to such call. Section 3. The bonds, other than fully registered bonds, shall be in substantially the following form: UNITED STATES OF AMERICA NO. $1,000 STATE OF ALASKA CITY OF SEWARD GENERAL OBLIGATION WATER SYSTEM BOND, SERIES 1962 KNOW ALL MEN BY THESE PRESENTS: That the City of Seward, a municipal corporation of the State of Alaska, acknowledges itself to owe and 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 September, 19 . the principal sum of ONE THOUSAND DOLLARS together with interest thereon at the rate of % per annum payable semiannually on the first days of March and September of each year upon presentation and surrender of the attached interest coupons as they severally become due. Both principal of and interest on this bond are payable in any coin or currency which on the respective dates of payment of such principal and interest is legal tender for the payment of debts due the United States of America, at the Seward 4 r I I ! - Branch, First National Bank of Anchorage at Se~ard, Al.8ka. or, at the option of the holder. at Chase Manhattan Bank. New YOtk. N.w York. The city of S'ward has reserved the right to redeem any or all af the outstanding bonds of this issue in inverse numerical order on any interest payment date on and after September 1. 1973. at the principal amount thereof. plus accrued interest to date of redemption and plus a premium of one-fourth (1/4) of one per cent (1%) for each year or fraction thereof from the date of redemption to the date of maturity of each bond to be redeemed. such premium in any event not to exceed three per cent (3%) of the principal amount of any bond to be redeemed. Notice of any such intended redemption shall be given to the registered owners of the bonds to be redeemed at least thirty (30) days prior to said date and. unless all of the bonds to be redeemed are registered. by one publication of said notice in a newspaper of general circulation in the City of Seward. Alaska not more than forty (40) nor less than thirty (30) days prior to said redemption date. This bond is one of an issue of general obligation bonds of the city of Seward of like amount. date and tenor. except as to number. date of maturity and in the aggregate principal amount of $226.000 and is issued pursuant to a vote of the qualified electors of the City and Ordinance No.~1 ;7 for the purpose of providing funds to pay the cost of acquiring. constructing and installing certain capital improvements to the existing water supply and distribu- tion system of the city. The city of Seward has irrevocably covenanted by said Ordinance No.~1 j7 that it will cause to , 5 be levied an annual tax upon all of the taxable property within the city without limitation as to rate or amount and in amounts sufficient, together with other funds legally available therefor, to pay such p~incipal and interest as they respectively become duei For the ~rompt payment of 8aid principal and interest the full faith, credit and ~esources of the city are hereby irrevocably pledted. It is hereby certified and declared 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, 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 it8 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 this 1st day of September, 1962. CITY OF SEWARD, AIASKA BYc9~~ ~/LJ Mayor ATTEST: . City Clerk The interest coupons to be attached to said bonds shall be in substantially the following form: NO. $ On the first day of J 19 . unless the bond hereinafter mentioned shall have been previously called for redemption and payment thereof made or duly provided for, the City of Seward, Alaska will pay to bearer 6 r , ! , at the Seward Branch, First National Bank of Anchorage in Seward, Alaska, or, at the option of the holder, at Chase M&.nhattan Bank, New York, New York, Dollars in any coin ot currency which on said date is legal tender for the payment of debts due the United States of America, said sum being the semiannual interest due that date on its General Obligation Water System Bond, Series 1962 dated september 1, 1962, and numbered CITY OF SEWARD, AIASI<A By c:9~ ,a JJ:,~~ Mayor ATTEST: City Clerk Said bonds shall have endorsed thereon the following registration certificate: This bond may be registered as to principal only on the bond registry books of the city maintained at the Seward Branch, First National Bank of Anchorage, 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 said bank with the legal assignment duly acknowledged or approved. Registration of this bond shall not affect the negotiability of the coupons attached hereto which will at all times be transferable by delivery. 7 Date of Jlegistrat.1on Name and Addre$s of Registered Owner \ st9lla~\li'e of Registrar Section 4. Any purchaser of any block or blocks of the bonds as advertised for sale by the city may elect to accept a fully registered bond in the form of the fully registered bond as hereinafter set forth, registered in the name of such purchaser or purchasers and calling for the same pay- ments of interest and principal as the coupon bonds awarded to such purchaser or purchasers. Such fully registered bond shall be subject to prepayment in whole or in part and if in part, in the inverse order of the maturity dates of the principal installments of such registered bonds, as more fully provided in Section 2 hereof. payments of principal and interest otherwise than upon full prepayment made in respect of any such fully registered bond may be made to the registered holders thereof or to their designated agent without presentation or surrender of such bonds and all such payments shall fully discharge the obligations of the city in respect of such bonds to the extent of the payments so made. During the time that the government is the registered owner of any such fully registered bond, payment shall be made at the Federal Reserve Bank of Richmond, Richmond, Virginia, or at such other fiscal agent as the government shall designate, and such payments shall be noted on the payment record made a part of the bond and written notice of the making of such notation shall be promptly sent to the city at the office of its treasurer. The fully registered bond or bonds (with appropriate insertions and changes therein as to principal amount, dates, 8 r ~"1 dates of maturity, or principal installments, series, name of payees and otherwise as may be required in the event that only certain maturities of the bonds shall have been purchased by the Govertuttent o~ the United States and/or by any other purchaser or purchas~rs), the assignment, payment record and schedule of prihcipa1 installments on which payments have been made prior to maturity shall be in substantially the following forms: (rorm of Registered Bond) UNITED STATES OF AMERICA STATE OF AIASKA NO. $ CITY OF SEWARD GENERAL OBLIGATION WATER SYSTEM BOND, SERIES 1962 The City of Seward, a municipal corporation of the State of Alaska (hereinafter called the "City") for value received hereby promises to pay to the UNITED STATES OF AMERICA, HOUSING AND HOME FI~NCE ADMINISTRATOR, or his successor (herein sometimes called the "Payee"), or his registered assigns (herein sometimes called the "Alternate payee") the principal sum of TWO HUNDRED AND TWENTY-SIX THOUSAND DO LIARS on the first day of September in years and installments as follows: X!W:. Principal Amount X!W:. Principal Amount 1964 $ 5,000 1978 $ 8,000 1965 5,000 1979 8,000 1966 5,000 1980 9,000 1967 6,000 1981 9,000 1968 6,000 1982 9,000 1969 6,000 1983 9,000 1970 6,000 1984 10,000 1971 6,000 1985 10,000 1972 7,000 1986 10,000 1973 7,000 1987 11,000 1974 7,000 1988 11,000 1975 7,000 1989 11,000 1976 7,000 1990 11, 000 1977 8,000 1991 12,000 9 in such coin or currency of the United States of America as at the time of payment shall be legal tender for payment of , . debts due the United states of America, and to pay interest on the balahce of ~aid principal sum from time to time remaining unpaid in like coin or currency at the rate of J)er cent per annum semiannually on March land September 1 of each year, commencing on March 1, 1963, until the principal amount hereof has been paid. During the time that the Payee is the registered owner of this bond, payment of the principal installments and interest due shall be made at the Federal Reserve Bank of Richmond, Richmond, virginia, or such other fiscal agent as the Payee shall designate (herein called the "Fiscal Agent"). During such time as an Alternate Payee is the registered owner hereof, said payment shall be made at the Seward Branch, First National Bank of Anchorage in Seward, Alaska, or, at the option of the Alternate Payee, at Chase Manhattan Bank, Burrough of Manhattan, City and State of New York (herein called the "Alternate paying Agent"). 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, and if payment is made at the office of the Fiscal Agent or Alternate paying Agent, written notice of the making of such notations shall be promptly sent to the city at the office of its Treasurer and such payment shall fully discharge the obligation of the city hereon to the extent of the payment so made. Upon final payment of principal and interest this bond Shall be submitted to the city for surrender and cancellation. This bond, designated as the "City of Seward General Obligation Water System Bond, Series 1962" (herein referred to as the "Bond") is a general obligation of the city limited to an 10 t I i accrued interest; provided, however, that such premium shall not in any event ~kceed three pet cent (~) of the principal amount to be prepaid. So long as the registered owner hereof shall be 'the Payee, the city may prepay on any interest payment date the entire unpaid principa1 amount hereof, or, from time to time in inverse chronological order of said installments, such lesser portion thereof 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 (30) days prior to the prepayment date by mailing to the registered owner of this bond a notice fixing such prepayment date, the amount of principal and the premium, if any, to be prepaid. This bond may be assigned and upon such assignment the assignor shall promptly notify the city at the office of its Treasurer by registered mail and the Alternate Payee shall surrender the same to the city in exchange for a new fully registered bond or for the transfer on the registration records and verification of the endorsements made on the payment Record attached hereto of the portion of the principal amount hereof and the interest hereon paid or prepaid, and every such assignee shall take this bond subject to such condition. It is hereby certified that all of the conditions, acts and things required to exist, to have happened or to have been performed precedent to and in the issuance of this bond do exist, have happened or have been performed in regular form, time and manner. IN WITNESS WHEREOF, the city has caused this bond to be executed in its name by its Mayor, its corporate seal to be 12 aggregate principal amount of Two HUndred and Twenty-six Thousand Dollars ($226,000), duly issued by the city to finance the cost of acquiring, constructing and installing . . certain capital improvements to the existing water supply and distribution system of the city. The city has irrevocably covenanUd by Ordinance!! No. 3/7 that it will cause to be , levied an annual tax upon all of the taxable property within the city without limitation as to rate or amount and in amounts sufficient, together with other funds legally available therefor, to pay such principal and interest as they respectively come due. For the prompt payment of said principal and interest the full faith, credit and resources of the city are hereby irrevocably pledged. This bond is exchangeable at the sole expense of the city at any time upon ninety (90) days' notice at the request of the registered owner hereof and upon surrender of this bond to the city at the office of its Treasurer in sewa%d, Alaska, for negotiable coupon bonds payable to bearer registrable as to principal only of the denomination of One Thousand Dollars ($1,000) each and in the principal amount equal to the unpaid principal amount of this bond and in the form of such coupon bond as provided for in Ordinance No. 3/7 of the city -Ii ' adopted on the /..5- day of ~.J~__~' 1962. The city has reserved the right to prepay on any interest payment date on and after September 1, 1973 the entire principal amount hereof then remaining unpaid, or such lesser portion thereof as it may determine upon, in inverse chrono- logical order of installments and in multiples of $1,000 at the principal amount plus a premium of one-fourth (1/4) of one per cent (1%) for each year or fraction thereof from the date of prepayment to the due date of such principal, plus 11 r I I I ! I I I hereto affixed and attested by its Clerk as of the first day of September. 1962. CITY OF SEWARD I ALASKA By a~ <;;i. ~~~ Mayor ATTEST: City Clerk 13 PAYMENT RECORD Due Date principal pavmen~ principal 8alance Due Interest Payment ( ~) Date paid Name of paying Agent Authorized O~ficiJl . Tlt~e (enter (enter (dates (amounts (for princi- (pal and (interest (leave (b lank (leave (blank (leave (blank (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) SCHEDULE "A II (This should be separate sheet) PrinciDal installments on which Davments have been made Drior to matufity. PrinciDal Due Principal Payment Balance Date Paid Name of Paying Agent Authorized Official & T\tle Date Amount - 14 r I I '. ~'. Secttor 5. The bonds shall be signed on behalf of the city by its Mayor, shall be attested by its Clerk and shall have the corporate seal of the city impressed thereon. Each of the interest coupons attached to negotiable serial coupon bonds shall be signed with the facsimile signatures of said officials. Section 6. There is hereby created a special fund of the city to be known as the "City of Seward General obligation Water System, Series 1962 Bond and Interest Sinking Fund Account." Such sinking Fund Account shall be held in the custody of the City Treasurer separate and apart from all other funds and accounts and shall be maintained so long as any of the bonds are outstanding in a bank which is a member of the Federal Deposit Insurance corporation. The city hereby irrevocably covenants that it will cause to be levied an annual tax upon all the taxable property within the city without limitation as to rate or amount in amounts sufficient, together with other legally available funds therefor, to pay the principal of and interest on the bonds authorized herein as the same shall become due. The city covenants to deposit into said Sinking Fund Account all accrued interest received from the sale of the bonds authorized herein, which sum shall be credited against the amount to be deposited into the account on the next interest payment date. The city irrevocably covenants that following the delivery of the bonds authorized herein it will deposit on or before February 15 and August 15 of each year at least such sums derived from the proceeds of ad valorem taxes or other available funds as may be necessary to pay the interest on the bonds due on the next interest payment date and one-half of the principal due within the next succeeding twelve months, and that no part of such Sinking Fund Account shall be used for any other purpose than the payment of the principal of and interest on said bonds. 15 r I I I I , I -'... Section 7. There is hereby created another special fund of the city to be known as the "City of Seward Water Sy.tem Construction Fund." All of the moneys derived from the sale of the bonds authorized herein (exclu.ive of any accrued interest whiCh 'hould be paid into the Sinking Fund Account created in Section 7 of this ordinance) shall be paid into said Construction Fund and shall be used solely for the purposes provided for by Section 1 of this ordinance. sectism 8. Bids for the purchase of said bonds shall be accepted for only the following blocks of bonds: Block A) Bonds numbered 1 to 52 inclusive, maturing September 1, 1964 through September 1, 1972. Block B) Bonds numbered 53 to 88 inclusive, maturing September 1, 1973 through September 1, 1977. Block C) Bonds numbered 89 to 131 inclusive, maturing September 1, 1978 through september 1, 1982. Block D) Bonds numbered 132 to 181 inclusive, maturing September 1, 1983 through september 1, 1987. Block E) Bonds numbered 182 to 226 inclusive, maturing September 1, 1988 through September 1, 1991. The entire issue. The bonds shall be sold on sealed proposal to the highest and best bidder submitting a bid for the purchase of the entire issue with an effective rate over the life of the bonds of three and five-eights per centum (3 5/8%) or less, or a bid for the purchase of one or more blocks of the bonds at the following interest rates: Block A Block B Block C Block D Block E 3 3/9% 3 3/8% 3 3/8% 3 1/2% 3 5/8% If no such bid or bids are received the bonds shall be sold to the United States Government or any agency thereof at the rate ~greed upon in the Loan Agreement dated July 13, 1962 16 between the city and the government. The proper city officials are hereby authorized and directed to do everything necessary for the prompt issuance and execution of the bonds of this issue. for the prompt delivery thereof to the purchasers, and for the proper use and application of the proceeds of their sale. Publication of this ordinance shall be by posting a copy hereof on the City Hall bulletin Board for a period of ten (10) days following its passage and approval. An emergency is hereby declared to exist and the rules governing the passage of ordinances are hereby suspended and this ordinance is given full force and effect immediately upon its passage and approval. PASSED AND APPROVED at a regular meeting of the Council of the City of Seward, Alaska, held this 15th day of November, 1962. CrTY OF SEwARD, ALASKA By c9~ Q~~ N yor ATTEST: o~c.zo~~ lty Clerk 17