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FY1966-18 Regular Election Results and Authorization of Obligation BondsAN ORDINANCE of the Kodiak Island Borough, Alaska, confirm- ing the result of the regular election held on October 5, 1965, within the Kodiak Island Borough to authorize the issuance of General Obligation Bonds of the Borough in the principal amount of $750,000.00 for the purpose of providing funds to pay the cost of certain capital improvements to the school facilities of the Borough; providing for the issuance of notes in the amount of $750,000.00 in antici- pation of the issuance of said bonds; fixing the date, form, terms, maturities and covenants of said notes and creating a special fund for the payment of principal thereof and interest thereon, confirming the sale thereof, creating a construction fund and declaring an emergency. WHEREAS, at the regular general election held in the Kodiak Island Borough, Alaska, (hereinafter referred to as the "Borough ") on October 5, 1965, pursuant to Resolution No. 65 -16 and other res- olutions and ordinates of the Borough, the qualified electors of the Borough authorized the issuance of general obligation bonds of the Borough in the total principal amount of $750,000 for the pur- pose of providing funds to pay the cost of certain capital improve- ments to the school facilities of the Borough; and, WHEREAS, Chapter 117, Session Laws of Alaska, 1964, provides that a political subdivision of the state which is authorized by la to incur bonded indebtedness may borrow money in anticipation of the sale of general obligation bonds if the general obligation bond to be sold have been authorized by the governing body of the polit- ical subdivision and ratified by a majority vote of the qualified voters of the political subdivision who vote on the question; and, WHEREAS, said general obligation bonds were so authorized in the manner provided by law, and it is hereby found to be in the bes interests of the Borough and its inhabitants that the issuance of said bonds be delayed and that notes in anticipation of the issuanc thereof now be sold and issued to provide funds to pay the cost of construction of the above - mentioned approvements; and, Page One, EMERGENCY ORDINANCE NO. 66 -18 -EO EMERGENCY ORDINANCE NO. 66 -18 -EO WHEREAS, this assembly has heretofore accepted the offer of ranklin National Bank, New York, New York, to purchase said notes at par plus accrued interest and under the terms, conditions and covenants thereof hereinafter set forth. NOW, THEREFORE, BE IT ORDAINED, by the Borough Assembly of the Kodiak Island Borough as follows: Declaration of Emergency. An emergency is hereby declared to exist affecting the life, health, welfare and property of the inhabitants of the Borough and it is necessary that the Borough obtain funds to pay the costs of constructin of the elementary school building and appurtenances as.it is presently unable to obtai such funds through the sale of its general obligation bonds at a feasible interest rate, and accordingly, must sell the Notes provid ed for herein to provide interim financing. This ordinance shall become effective immediately upon adoption. Section 1. As used in this ordinance, the following words shall have the following meanings: a. The word "Borough" shall mean the Kodiak Island Borough, Alaska, a municipal corporation duly organized and existing under the laws of the State of Alaska. b. The word "Bonds" shall mean the Elementary School Building General Obligation Bonds of the Borough in the principal amount of $750,000.00, the issuance of which was authorized by the qualified electors of the Borough at a regular election heldtherein on October 5, 1965. c. The word "Notes" shall mean the bond anticipation notes of the Borough in the principal amount of $750,000.00 to be issued in anticipation of the issuance of the Bonds pursuant to this ordinance. Section 2. The adoption by the qualified electors of the Borough at the regular general election held therein on October 5, 1965, of the following proposition: Page Two, EMERGENCY ORDINANCE NO. 66- 18 -EO' L a a Proposition No. 1 Elementary School Building and Appurtenances $750,000.00 Shall the KODIAK ISLAND BOROUGH, STATE OF ALASKA, incur indebtedness in a sum not to exceed $750,000 for the purpose of constructing an elementary school building consisting of not less than twelve (12) classrooms, a kindergarten room, office space and a multi - purpose room together with appurtenances and auxiliary space and site development necessary for a complete elementary school unit, and pledge the full faith and credit of the KODIAK ISLAND BOROUGH to the payment of any indebtedness so incurred, and issue general obligation bonds with interest at a rate not to exceed six percent per annum, payable semi - annually, all as authorized by the statutes of the State of Alaska, and provided by Resolution No. 65- 16, of the KODIAK ISLAND BOROUGH, passed and approved the second day of September, 1965. INDEBTEDNESS YES INDEBTEDNESS NO /7 e and the same is hereby in all respects ratified and confirmed. Section 3. For the purpose of temporarily financing the ayment of the cost of constructing the elementary school building and appurtenances and in anticipation of the sale of the bonds, he Borough shall now issue and sell the Notes. The Notes shall be dated August 1, 1966, shall bear interest t the rate of five and one -half percent (5 -1/2 %) per annum, payabl t maturity and shall mature on February 1, 1967. Said notes shall e in the denomination of $5,000.00 each and shall be numbered from to 150 inclusive. Both principal of and interest on the Notes shall be payable o bearer in lawful money of the United States of America at the ational Bank of Alaska, Kodiak, Alaska, or at the optin of the older, at the Franklin National Bank, Hanover Square, New York, l ew York, and shall be a general obligation of the Borough. Section 4. That there be and there is hereby created a special uind of the Borough to be known as the Elementary School Building General Obligation Note Fund (hereinafter called the "Note Fund"), which Fund is to be drawn upon for the sole purpose of paying the ge Three, EMERGENCY ORDINANCE NO. 66 -18 -EO principal of and interest on the Notes. The Borough hereby obligates and binds itself to set aside and pay into the Note Fund out of the proceeds of the sale of the Bonds and out of any other moneys legally available therefore, moneys sufficient in amountto pay such principal and interest when the same becomes due. The Borough covenants and agrees that the Bonds shall be offer ed for sale by the Borough under the terms and conditions customary in connection with such an offering and sale of similar bonds,and if at such offering a bid or bids for the Bonds complyl.ng with such offer shall be received by the Borough; the Borough within twenty - four hours will accept such bid or the best of such bids and sell he Bonds to the successful bidder as purchaser thereof, and as soon as reasonably possible after such acceptance and sale and on •r before February 1, 1967, will deliver the Bonds to such purchase :nd collect the proceeds of the sale thereof. The Borough further covenants that simultaneously with the eceipt of such proceeds of sale it will pay the same into the Note and and will immediately apply them to the payment of the outstand Ong Notes in accordance with their terms. Section 5. That there be and there is hereby created another special fund of the Borough to be known as the Elementary School uilding 1966 Construction Fund (hereinafter called the "Constructi unda!) into which shall be paid the full purchase price of the Note ether than accrued interest which shall be paid into the Note Fund ereinbefore created. Said funds so paid into said Construction 'und shall be expended solely for paying the cost of constructing he elementary school building with all necessary appurtenant acilities as hereinbefore provided and as more fully set forth in esolution No. 65 -16 of the Borough Assembly, adopted September 2, X 965. age Four, EMERGENCY ORDINANCE NO. 66 -18 -EO Section 6. The Notes shall be general obligations of the Bor- ough. For the prompt payment of the principal thereof and interest thereon the Borough hereby pledges its full faith, credit, taxing ower and resources. Section 7. The Notes shall be in substantially the following form: No. UNITED STATES OF AMERICA KODIAK ISLAND BOROUGH STATE OF ALASKA GENERAL OBLIGATION BOND ANTICIPATION NOTE ELEMENTARY SCHOOL BUILDING The Kodiak Island Borough, a municipal corporation of the State of Alaska, ackrnvledges itself to owe and for value received promises to pay to Bearer on the 1st day of February, 1967, the principal sum of FIVE THOUSAND DOLLARS together with interest thereon at the rate of five and one -half percent (5 -1/2 %) per annum until the date ofpayment. Both principal of and interest on this note are payable in lawful morn of the United States of America at the National Bank of Alaska, Kodiak, Alaska, or, at the option of the holder, at the Franklin National Bank, Hanover Square, New York, New York, solely out of the special fund of the Borough known as the'Elementary Scho uilding General Obligation Note Fund" created by Emergency Ordinance . 66 - - and Ordinance No. 66 -19 -0 of the Borough. This Note s one of an issue of one hundred fifty mtes of like date, amount d tenor, except as to number, in the aggregate principal amount f $750,000 and is issued pursuant to the laws of the State of Alas a d duly adopted resolutions and ordinances of the Kodiak Island orough for the purpose of temporarily financing the payment of the ost of constructing an elementary school building with all necess- y appurtenances. age Five, EMERGENCY ORDINANCE NO. 66 - - This Note and the notes of this issue are payable out of the proce:ds of the sale of general obligation bonds of the Borough to be entit led "Elementary School Building General Obligation Bonds" authoriz ed pursuant to Resolution No. 65 -16 of the Borough Assembly and by vote of the qualified electors of the Boragh at an election held therein on October 5, 1965, and are also payable out of such other moneys of the Borough as are legally available for such purpose and as may be authorized by its Borough Assembly. For the prompt payment of the principal hereof and interest hereon the Borough h pledged its full faith, credit, taxing power and resources. The Kodiak Island Borough hereby covenants and agrees with the owner and holder of this Note that it will keep-and perform all of the covenants of this Note and of said Emergency Ordinance No 01, and Ordinance No.Agj -, -g , to be by it kept and performed. It is hereby certified and declared that this note is issued pursuant to and in strict compliance with the constitution and law of the State of Alaska and ordinances and resolutions of the Kodia Island Borough, that this note and the notes of this issue do not exceed any constitutional or statutory debt limitations, and that all acts, conditions and things required to have happened, been done and performed precedent to and in the issuance hereof have ha ened, been done and performed. IN WITNESS WHEREOF, the Kodiak Island Borough, Alaska, has caused this note to be signed by its Borough Chairman, to be attes ed by its Borough Clerk and the corporate seal of the Borough to be impressed hereon this day of August, 1966. KODIAK ISLAND BOROUGH, ATTEST: BY: Borough Chairman Borough Clerk Page Six, EMERGENCY ORDINANCE NO. 66 -18 -EO Section 8. The sale of the notes to Franklin National Bank, New York, New York, at par and accrued interest under the terms and conditions of said Notes as set forth herdn is hereby in all respects ratified and confirmed. The proper Borough officials are hereby authorized and directe o do everything necessary for the prompt issuance, execution and delivery of the notes to such purchaser and for the proper use and application of the funds derived from such sale. Section 9. Publication of this ordinance shall be made by publishing a summary thereof in a newspaper of general circulation in the Borough and copies of the ordinance shall be mailed to all ewspapers of general circulation in the Borough. A copy of the rdinance shall be posted in a public place at the Borough seat. PASSED by the Boragh Assembly of the Kodiak Island Borough, laska, and approved by its Borough Chairman this 29th day of July, 966. TTEST: BY: BY: KODIAK ISLAND BOROUGH, ALASKA d)i C „411.4 Presiding g Officer W Borough Chairman Borough Clerk Page Seven, EMERGENCY ORDINANCE NO. 66 -18 -EO