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Tab_84I, JANICE WILLIAMS, City Clerk of the City of Dillingham, Alaska (the "City"), HEREBY CERTIFY that the document attached hereto is an accurate and complete copy of Resolution No. 2016-51 of the City adopted by the Dillingham City Council at a meeting duly called and held on September 1, 2016, and that Resolution No. 2016-51 has not been modified, amended, repealed or rescinded, but is in full force and effect on the date hereof. IN WITNESS WHEREOF, I have executed this certificate and impressed the seal of the City of Dillingham hereon this 3rd day of November 2016. JANICE WILLIAMS, City Clerk City of Dillingham [S E A L] 506268\2\00550887 Meeting Date: September 1, 2016 CITY L.1.]IlII:wA LASKA RES OLUTIONI A RESOLUTION AUTHORIZING THE CITY OF DILLINGHAM TO ISSUE GENERAL OBLIGATION REFUNDING BONDS IN THE PRINCIPAL AMOUNT OF NOT TO EXCEED $11,000,000 TO REFUND CERTAIN OUTSTANDING GENERAL OBLIGATION BONDS OF THE CITY, FIXING CERTAIN DETAILS OF SUCH BONDS AND AUTHORIZING THEIR SALE. WHEREAS, there are now outstanding General Obligation School Bonds, 2008 Series A of the City of Dillingham (the "City") maturing on April 1 in the years 2019 through 2028 in the aggregate principal amount of $9,190,000 (the "2008 Bonds") authorized by the qualified voters of the City at a special election duly called and held on December 18, 2007, and issued under Ordinance No. 2008-03 of the City; and WHEREAS, the Council finds that it is in the best interest of the City to provide for the refunding, including the payment of principal of, and premium and interest on, those maturities of the 2008 Bonds (the "Refunded Bonds") whose refunding the Manager or the Finance Director determines will produce the percentage debt service savings specified in this resolution, by the issuance of general obligation refunding bonds (the "Bonds") in the aggregate principal amount of not to exceed $11,000,000; and WHEREAS, Section 29.47.320 of the Alaska Statutes provides that general obligation refunding bonds may be issued without an election, Section 29.47.300 of the Alaska Statutes provides that their issuance may be authorized by resolution, and Section 29.47.410 of the Alaska Statutes provides that the Council by resolution may provide for the form and manner of sale of bonds and notes; and WHEREAS, the Alaska Municipal Bond Bank and the City intend to enter into an Amendatory Loan Agreement, which amends the Loan Agreement dated as of April 1, 2008, between the Alaska Municipal Bond Bank and the City, to provide for the refunding of the Refunded Bonds through their exchange for the Bonds, and related matters; and WHEREAS, the Council finds that it is necessary and appropriate to delegate to the Manager and the Finance Director authority to determine the maturity amounts, interest rates and other details of the Bonds, and to determine other matters that are not provided for in this resolution; NOW, THEREFORE, BE IT RESOLVED: Section 1. Definitions. The following terms shall have the following meanings in this resolution: A. "Amendatory Loan Agreement" means the Amendatory Loan Agreement between the City and the Bond Bank, amending the 2008 Loan Agreement to provide for the refunding of the Refunded Bonds through their exchange for the Bonds, and related matters. City of Dillingham Resolution No. 2016-51 Page 1 of 12 Meeting Date: September 1, 2016 B. "Bond" or "Bonds" means any of the "General Obligation Refunding Bonds" of the City of Dillingham, the issuance and sale of which are authorized herein. C. "Bond Bank" means the Alaska Municipal Bond Bank, a public corporation of the State of Alaska. D. "Bond Bank Bonds" means bonds issued by the Bond Bank to refund all or part of its outstanding General Obligation Bonds, 2008 Series One. E. "Bond Register" means the registration books maintained by the Registrar, which include the names and addresses of the Registered Owners of the Bonds or their nominees. F. "City" means the City of Dillingham, a municipal corporation of the State of Alaska, organized as a first class city under Title 29 of the Alaska Statutes. G. "Code" means the Internal Revenue Code of 1986, as amended from time to time, together with all regulations applicable thereto. H. "Council" means the Council of the City of Dillingham, as the general legislative authority of the City of Dillingham, as the same shall be duly and regularly constituted from time to time. I. "Government Obligations" means obligations that are either (i) direct obligations of the United States of America, or (ii) obligations of an agency or instrumentality of the United States of America the timely payment of the principal of and interest on which are unconditionally guaranteed by the United States of America. J. "Loan Agreement" means the 2008 Loan Agreement, as amended by the Amendatory Loan Agreement. K. "Refunded Bonds" means the maturities of the 2008 Bonds whose refunding is approved by the Manager or the Finance Director under Section 13. L. "Registered Owner" means the person named as the registered owner of a Bond in the Bond Register. M. "Registrar" means the Finance Director, or any successor that the City may appoint by resolution. N, "Resolution" means this Resolution 2016-51 of the City. 0. "2008 Loan Agreement" means the Loan Agreement between the City and the Bond Bank dated as of April 1, 2008. Section 2. Authorization of Bonds and Purpose of Issuance. For the purpose of effecting the refunding by exchange of the Refunded Bonds in the manner set forth in this Resolution and the Amendatory Loan Agreement, and to pay all costs incidental thereto and to the issuance of City of Dillingham Resolution No, 2016-51 Page 2 of 12 Meeting Date: September 1, 2016 the Bonds, the City hereby authorizes and determines to issue and sell the Bonds in the aggregate principal amount of not to exceed $11,000,000. Section 3. Obligation of Bonds. The Bonds shall be direct and general obligations of the City and the full faith and credit of the City are hereby pledged to the payment of the principal of and interest on the Bonds. The City hereby irrevocably pledges and covenants that it will levy and collect taxes upon all taxable property within the City without limitation as to rate or amount, in amounts sufficient, together with other funds legally available therefor, to pay the principal of and interest on the Bonds as the same become due and payable. Section 4. Designation, Maturities, Interest Rates, and Other Details of Bonds. The Bonds shall be designated "City of Dillingham, Alaska, General Obligation Refunding Bonds." The Bonds shall be in the denomination of $5,000 or any integral multiple thereof, shall be numbered separately in the manner and with such additional designation as the Registrar deems necessary for purposes of identification, and may have endorsed thereon such legends or text as may be necessary or appropriate to conform to the rules and regulations of any governmental authority or any usage or requirement of law with respect thereto. The Bonds shall mature in one or more years commencing no earlier than 2017 and ending no later than 2028. The Bonds shall bear interest from their date, payable commencing on or after December 1, 2016, and semiannually thereafter. Interest will be computed on the basis of a 360-day year consisting of twelve 30-day months. Subject to Section 2 and the remainder of this section, the aggregate principal amount, the principal amount of each maturity, the interest rates, the dated date, the principal and interest payment dates and the record dates for principal and interest payments on the Bonds shall be determined at the time of execution of the Amendatory Loan Agreement under Section 17, Section 5. Optional Redemption. The Bonds, if any, subject to optional redemption by the City, the time or times when such Bonds are subject to optional redemption, the terms upon which such Bonds may be redeemed, and the redemption price or redemption prices for such Bonds, shall be determined at the time of execution of the Amendatory Loan Agreement under Section 17, Section 6. Selection of Bonds for Redemption-, Notice of Redemption. (A) Selection of Bonds for Redemption. When the Bond Bank is the Registered Owner of the Bonds, the selection of Bonds to be redeemed shall be made as provided in the Loan Agreement. When the Bond Bank is not the Registered Owner of the Bonds, the selection of Bonds to be redeemed shall be made as provided in this subsection (A). If the City redeems at any one time fewer than all of the Bonds having the same maturity date, the particular Bonds or portions of Bonds of such maturity to be redeemed shall be selected by lot (or in such other manner determined by the Registrar) in increments of $5,000. In the case of a Bond of a denomination greater than $5,000, the City shall treat such Bond as representing such number of separate Bonds each of the denomination of $5,000 as is obtained by dividing the actual principal amount of such Bond by $5,000. In the event that only a portion of the principal amount of a Bond is redeemed, upon surrender of such Bond at the office of the Registrar there shall be City of Dillingham Resolution No. 2016-51 Page 3 of 12 Meeting Date: September 1, 2016 issued to the Registered Owner, without charge therefor, for the then unredeemed balance of the principal sum thereof, at the option of the Registered Owner, a Bond or Bonds of like maturity and interest rate in any of the denominations authorized herein. (B) Notice of Redemption. When the Bond Bank is the Registered Owner of the Bonds, notice of any intended redemption of Bonds shall be given as provided in the Loan Agreement. When the Bond Bank is not the Registered Owner of the Bonds, notice of any intended redemption of Bonds shall be made as provided in this subsection (B). Notice of redemption shall be mailed not less than 30 nor more than 45 days prior to the date fixed for redemption by first class mail to the Registered Owners of the Bonds to be redeemed at their addresses as they appear on the Bond Register on the day the notice is mailed. Notice of redemption shall be deemed to have been given when the notice is mailed as herein provided, whether or not it is actually received by the Registered Owners. All notices of redemption shall be dated and shall state: (1) the redemption date; (2) the redemption price; (3) if fewer than all outstanding Bonds are to be redeemed, the identification (and, in the case of partial redemption, the respective principal amounts) of the Bonds to be redeemed; (4) that on the redemption date the redemption price will become due and payable upon each such Bond or portion thereof called for redemption, and that interest thereon shall cease to accrue from and after said date; and (5) the place where such Bonds are to be surrendered for payment of the redemption price, which place of payment shall be the office of the Registrar. Official notice of redemption having been given as aforesaid, Bonds or portions of Bonds to be redeemed shall, on the redemption date, become due and payable at the redemption price therein specified, and from and after such date, such Bonds or portions of Bonds shall cease to bear interest. Upon surrender of such Bonds for redemption in accordance with said notice, such Bonds shall be paid at the redemption price. Installments of interest due on or prior to the redemption date shall be payable as provided herein for the payment of interest. Upon surrender of any Bond for partial redemption, there shall be prepared for the Registered Owner a new Bond or Bonds of the same maturity in the amount of the unpaid principal. All Bonds which have been redeemed shall be canceled and destroyed by the Registrar and shall not be reissued. Each check or other transfer of funds issued to pay the redemption price of Bonds shall bear the CUSIP number, if any, identifying, by maturity, the Bonds being redeemed with the proceeds of such check or other transfer. Section 7. Form of Bond. Each Bond shall be in substantially the following form, with such variations, omissions and insertions as may be required or permitted by this Resolution: City of Dillingham Resolution No. 2016-51 Page 4 of 12 Meeting Date: September 1, 2016 UNITED STATES OF AMERICA STATE OF ALASKA CITY OF DILLINGHAM (A Municipal Corporation of the State of Alaska) NO. GENERAL OBLIGATION REFUNDING BOND, 2016 SERIES - Registered Owner Principal Amount DOLLARS The City of Dillingham (the "City"), a municipal corporation of the State of Alaska, hereby acknowledges itself to owe and for value received promises to pay to the Registered Owner identified above, or registered assigns, the principal amount shown above in the following installments on 1 of each of the following years, and to pay interest on such installments from the date hereof, payable on , 2017 and semiannually thereafter on the - days of and of each year, at the rates per annum as follows: Year Principal Amount Interest Rate Year Principal Amount Interest Rate When this Bond is owned by the Alaska Municipal Bond Bank (the "Bond Bank"), payment of principal and interest shall be made as provided in the Loan Agreement between the Bond Bank and the City dated as of April 1, 2008, as amended (the "Loan Agreement"). When this Bond is not owned by the Bond Bank, installments of principal and interest on this Bond shall be paid by check or draft mailed by first class mail to the Registered Owner as of the close of business on the 15th day of the month preceding each installment payment date; provided that the final installment of principal and interest on this Bond shall be payable upon presentation and surrender of this Bond by the Registered Owner at the office of the Registrar. Interest will be computed on the basis of a 360-day year consisting of twelve 30-day months. Both principal of and interest on this Bond are payable in lawful money of the United States of America which, on the respective dates of payment thereof, shall be legal tender for the payment of public and private debts. This Bond is one of the General Obligation Refunding Bonds, 2016 Series of the City of Dillingham, Alaska, of like tenor and effect except as to interest rate, serial number and maturity, aggregating $___________ in principal amount, and constituting Bonds authorized for the purpose of refunding certain general obligation bonds issued by the City, and is issued under Resolution 2016-51 of the City entitled: A RESOLUTION AUTHORIZING THE CITY OF DILLINGHAM TO ISSUE GENERAL OBLIGATION REFUNDING BONDS IN THE PRINCIPAL AMOUNT OF NOT TO EXCEED City of Dillingham Resolution No. 2016-51 Page 5of 12 Meeting Date: September 1 2016 $11,000,000 TO REFUND CERTAIN OUTSTANDING GENERAL OBLIGATION BONDS OF THE CITY, FIXING CERTAIN DETAILS OF SUCH BONDS AND AUTHORIZING THEIR SALE. (the "Resolution") Installments of principal of this Bond due on and after , 20, shall be subject to prepayment on and after __,20_, at the option of the City (subject to any applicable provisions of the Loan Agreement), in such principal amounts and from such maturities as the City may determine, and by lot within a maturity, at a redemption price equal to the principal amount to be prepaid, plus accrued interest to the date of prepayment. This Bond is transferable as provided in the Resolution, (i) only upon the bond register of the City, and (11) upon surrender of this Bond together with a written instrument of transfer duly executed by the Registered Owner or the duly authorized attorney of the Registered Owner, and thereupon a new fully registered Bond or Bonds in the same aggregate principal amount and maturity shall be issued to the transferee in exchange therefor as provided in the Resolution and upon the payment of charges, if any, as therein prescribed. The City may treat and consider the person in whose name this Bond is registered as the absolute owner hereof for the purpose of receiving payment of, or on account of, the principal or redemption price, if any, hereof and interest due hereon and for all other purposes whatsoever. This Bond is a general obligation of the City of Dillingham and the full faith and credit of the City are pledged for the payment of the principal of and interest on this Bond as the same shall become due. IT IS HEREBY CERTIFIED AND RECITED that all conditions, acts or things required by the constitution or statutes of the State of Alaska to exist, to have happened or to have been performed precedent to or in the issuance of this Bond exist, have happened and have been performed, and that the series of Bonds of which this is one, together with all other indebtedness of the City, is within every debt and other limit prescribed by said constitution or statutes. N WITNESS WHEREOF, THE CITY OF DILLINGHAM, ALASKA, has caused this Bond to be signed in its name and on its behalf by the manual or facsimile signature of its Mayor and its corporate seal (or a facsimile thereof) to be impressed or otherwise reproduced hereon and attested by the manual or facsimile signature of its Clerk, all as of the day of 12016. /)/Y ATTEST: Mayor City of Dillingham Resolution No. 2016-51 Page 6of12 Meeting Date: September 1, 2016 [SEAL] ASSIGNMENT For value received, the undersigned sells, assigns and transfers to (print or typewrite name, address, zip code and Social Security number or other tax identification number of Transferee) this Bond and irrevocably constitutes and appoints attorney to transfer this Bond on the Bond Register, with full power of substitution in the premises. Dated: Signature Guaranteed: Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face of this Bond. Section 8. Execution. The Bonds shall be executed in the name of the City by the manual or facsimile signature of the Mayor, and its corporate seal (or a facsimile thereof) shall be impressed or otherwise reproduced thereon and attested by the manual or facsimile signature of the City Clerk. The execution of a Bond on behalf of the City by persons who at the time of the execution are duly authorized to hold the proper offices shall be valid and sufficient for all purposes, although any such person shall have ceased to hold office at the time of delivery of the Bond or shall not have held office on the date of the Bond. Section 9. Payment of Principal and Interest. The Bonds shall be payable in lawful money of the United States of America which at the time of payment is legal tender for the payment of public and private debts. When the Bond Bank is the Registered Owner of the Bonds, payment of principal and interest on the Bonds shall be made as provided in the Loan Agreement. When the Bond Bank is not the Registered Owner of the Bonds, installments of principal and interest on the Bonds shall be paid by check mailed by first class mail to the Registered Owner as of the record date for the installment payment at the address appearing on the Bond Register; provided that the final installment of principal and interest on a Bond shall be payable upon presentation and surrender of the Bond by the Registered Owner at the office of the Registrar. Section 10. Registration. The Bonds shall be issued only in registered form as to both principal and interest. The City designates the Finance Director as Registrar for the Bonds. The Registrar shall keep, or cause to be kept, the Bond Register at the principal office of the City. The City covenants that, until all Bonds have been surrendered and canceled, it will maintain a system for recording the ownership of each Bond that complies with the provisions of Section 149 of the Code, The City and the Registrar may treat the person in whose name any Bond shall be registered as the absolute owner of such Bond for all purposes, whether or not the Bond shall City of Dillingham Resolution No. 2016-51 Page 7 o 12 Meeting Date: September 1, 2016 be overdue, and all payments of principal of and interest on a Bond made to the Registered Owner thereof or upon its order shall be valid and effectual to satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid, and neither the City nor the Registrar shall be affected by any notice to the contrary. Section 11. Transfer and Exchange. Bonds shall be transferred only upon the books for the registration and transfer of Bonds kept at the office of the Registrar. Upon surrender for transfer or exchange of any Bond at such office, with a written instrument of transfer or authorization for exchange in form and with guaranty of signature satisfactory to the Registrar, duly executed by the Registered Owner or the duly authorized attorney of the Registered Owner, the City shall execute and deliver an equal aggregate principal amount of Bonds of the same maturity of any authorized denominations, subject to such reasonable regulations as the City may prescribe and upon payment sufficient to reimburse it for any tax, fee or other governmental charge required to be paid in connection with such transfer or exchange. All Bonds surrendered for transfer or exchange shall be canceled by the Registrar. Section 12. Bonds Mutilated, Destroyed, Stolen or Lost. Upon surrender to the Registrar of a mutilated Bond, the City shall execute and deliver a new Bond of like maturity and principal amount. Upon filing with the Registrar of evidence satisfactory to the City that a Bond has been destroyed, stolen or lost and of the ownership thereof, and upon furnishing the City with indemnity satisfactory to it, the City shall execute and deliver a new Bond of like maturity and principal amount. The person requesting the execution and delivery of a new Bond under this section shall comply with such other reasonable regulations as the City may prescribe and pay such expenses as the City may incur in connection therewith. Section 13. Designation of Refunded Bonds. The Manager and the Finance Director each is authorized to designate which, if any, maturities of the 2008 Bonds authorized to be refunded in this Resolution shall be refunded, provided that the refunding of the 2008 Bonds so designated shall realize a debt service savings in the aggregate of at least three percent of their principal amount, net of all issuance costs and underwriting discount, on a present value basis. Section 14. Tax Covenants. The City covenants to comply with any and all applicable requirements set forth in the Code in effect from time to time to the extent that such compliance shall be necessary for the exclusion of the interest on the Bonds from gross income for federal income tax purposes. Without limiting the generality of the foregoing, the City covenants that it will make no use or investment of the proceeds of the Bonds that will cause the Bonds to be "arbitrage bonds" subject to federal income taxation by reason of section 148 of the Code, and that it will not take or permit any action that would cause the Bonds to be "private activity bonds" as defined in Section 141 of the Code. Section 15. Amendatory and Supplemental Resolutions. A. The Council from time to time and at any time may adopt a resolution or resolutions supplemental hereto, which resolution or resolutions thereafter shall become a part of this Resolution, for any one or more of the following purposes: City of Dillingham Resolution No. 2016-51 Page 8 of 12 Meeting Date: September 1, 2016 1. To add to the covenants and agreements of the City in this Resolution other covenants and agreements thereafter to be observed, or to surrender any right or power herein reserved to or conferred upon the City. 2. To make such provisions for the purpose of curing any ambiguities or of curing, correcting or supplementing any defective provision contained in this Resolution or in regard to matters or questions arising under this Resolution as the Council may deem necessary or desirable and not inconsistent with this Resolution and which shall not adversely affect the interests of the Registered Owners of the Bonds. Any such supplemental resolution may be adopted without the consent of the Registered Owner of any of the Bonds at any time outstanding, notwithstanding any of the provisions of subsection B of this section. B. With the consent of the Registered Owners of not less than 60 percent in aggregate principal amount of the Bonds at the time outstanding, the Council may adopt a resolution or resolutions supplemental hereto for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions of this Resolution or of any supplemental resolution; provided, however, that no such supplemental resolution shall: 1. Extend the fixed maturity of any of the Bonds, or reduce the rate of interest thereon, or extend the time of payments of interest from their due date, or reduce the amount of the principal thereof, or reduce any premium payable on the redemption thereof, without the consent of the Registered Owners of each Bond so affected; or 2. Reduce the aforesaid percentage of Registered Owners of Bonds required to approve any such supplemental resolution without the consent of the Registered Owners of all of the Bonds then outstanding. It shall not be necessary for the consent of the Registered Owners of the Bonds under this subsection to approve the particular form of any proposed supplemental resolution, but it shall be sufficient if such consent approves the substance thereof. C. Upon the adoption of any supplemental resolution under this section, this Resolution shall be deemed to be modified and amended in accordance therewith, and the respective rights, duties and obligations under this Resolution of the City and all Registered Owners of outstanding Bonds shall thereafter be subject in all respects to such modification and amendment, and all the terms and conditions of the supplemental resolution shall be deemed to be part of the terms and conditions of this Resolution for any and all purposes. D. Bonds executed and delivered after the execution of any supplemental resolution adopted under this section may bear a notation as to any matter provided for in such supplemental resolution, and if such supplemental resolution shall so provide, new Bonds modified so as to conform, in the opinion of the City, to any modification of this Resolution contained in any such supplemental resolution may be prepared by the City and delivered without cost to the Registered Owners of the Bonds then outstanding, upon surrender for cancellation of such Bonds in equal aggregate principal amounts. City of Dillingham Resolution No. 2016-51 Page 9 of 12 Meeting Date: September 1, 2016 Section 16, Defeasance. In the event money and/or non-callable Government Obligations maturing at such times and bearing interest to be earned thereon in amounts sufficient to redeem and retire any or all of the Bonds in accordance with their terms are set aside in a special trust account to effect such redemption or retirement and such moneys and the principal of and interest on such Government Obligations are irrevocably set aside and pledged for such purpose, then no further payments need be made to pay or secure the payment of the principal of and interest on such Bonds and such Bonds shall be deemed not to be outstanding. Section 17. Exchange of Bonds: Amendatory Loan Agreement, The Bonds shall be delivered to the Bond Bank in exchange for the Refunded Bonds. Subject to the limitations provided in Sections 2 and 4, each of the Manager and the Finance Director is hereby authorized to determine the aggregate principal amount, maturity amounts, interest rates, yields, dated date, principal and interest payment dates, record dates for principal and interest payments, and other details of the Bonds; provided that: (i) the principal amount of each maturity of the Bonds shall not exceed the principal amount of the portion of the corresponding maturity of the Bond Bank Bonds that is allocated to the making of a loan to the City; and (ii) the interest rate on each maturity of the Bonds shall not exceed the interest rate on the corresponding maturity of the Bond Bank Bonds. Based upon the foregoing determinations, the Manager and the Finance Director are each authorized to negotiate and execute the Amendatory Loan Agreement. Section 18, Authority of Officers. The Mayor, the acting Mayor, the Manager, the acting Manager, the Finance Director, the acting Finance Director, the Clerk and the acting Clerk each is authorized and directed to do and perform all things and determine all matters not determined by this Resolution, to the end that the City may carry out its obligations under the Bonds, the Loan Agreement and this Resolution. Section 19. Prohibited Sale of Bonds. No person, firm or corporation, or any agent or employee thereof, acting as financial consultant to the City under an agreement for payment in connection with the sale of the Bonds, is eligible to purchase the Bonds as a member of the original underwriting syndicate either at public or private sale. Section 20. Ongoing Disclosure. The City acknowledges that, under Rule 15c2-12 of the Securities and Exchange Commission (the "Rule"), the City may now or in the future be an "obligated person" with respect to the Bond Bank Bonds. In accordance with the Rule and as the Bond Bank may require, the City shall enter into a continuing disclosure agreement and undertake to provide certain annual financial information and operating data as shall be set forth in the Amendatory Loan Agreement. Section 21 Miscellaneous. A. All payments made by the City of, or on account of, the principal of or interest on the Bonds shall be made on the several Bonds ratably and in proportion to the amount due thereon, respectively, for principal or interest as the case may be. B. No recourse shall be had for the payment of the principal of or the interest on the Bonds or for any claim based thereon or on this Resolution against any member of the Council or officer of the City or any person executing the Bonds. The Bonds are not and shall City of Dillingham Resolution No. 2016-51 Page 10 of 12 Meeting Date: September 1, 2016 not be in any way a debt or liability of the State of Alaska or of any political subdivision thereof, except the City, and do not and shall not create or constitute an indebtedness or obligation, either legal, moral or otherwise, of said state or of any political subdivision thereof, except the City. Section 22, Severability, If any one or more of the provisions of this Resolution shall be declared by any court of competent jurisdiction to be contrary to law, then such provision shall be null and void and shall be deemed separable from the remaining provisions of this Resolution and shall in no way affect the validity of the other provisions of this Resolution or of the Bonds. Section 23. Effective Date. This resolution shall become effective upon passage and approval. PASSED AND ADOPTED BY THE DILLINGHAM CITY COUNCIL THIS DAY OF SEPTEMBER 2016. ALICE RUB ATTEST: [SEAL] ANICE WILLIAMS ity Clerk City of Dillingham Resolution No. 201651 Page llofl2 1 I I [11.1 I S] ul I 1 1 I, JANICE WILLIAMS, City Clerk of the City of Dillingham, Alaska (the "City"), HEREBY CERTIFY that not less than five days before the September 1, 2016, meeting of the Dillingham City Council, I caused notice of the date, time, and location of the meeting to be posted at City Hall and three other public places in the City. IN WITNESS WHEREOF, I have executed this certificate and impressed the seal of the City of Dillingham hereon this 3rd day of November, 2016. JANICE WILLIAMS, City Clerk City of Dillingham [S E A L] 506268\2\00550889 Alice Ruby Mayor C I I Y 0 F Council Members DILJJIAM Holly Johnson (Seat A) 9 Chris Maines (Seat B) • Misty Savo (Seat C) Curt Armstrong (Seat D) • Andy Anderson (Seat E) Paul Liedberg (Seat F) DILLINGHAM CITY COUNCIL David B. Carlson Council Chambers Dillingham City Hall, 141 Main Street, Dillingham, AK 99576 (907) 842-5212 WORKSHOP ON WATERIWASTEWATER PROJECTS 6:00 P.M. * l :] STATUS AND FUNDING WORKSHOP FS - QUARTERLY REVIEW OF FINANCIAL 6:30 P.M. SEPTE MBER 1, 201 STATEMENTS IREGULAR M I I[e MullP.M. SEPTE MBER 2016 [1 i(SIS].1I1* K. a. Regular Council Meeting, August 18, 2016 ..................................................page 5 4. APPROVAL OF CONSENT AGENDA F31 a :44wel R-0 a. City Manager and Staff Reports....................................................................page 13 b. Standing Committee Reports .......................................................................page 33 6. PUBLIC HEARINGS a. Adopt Ordinance No. 2016-11, An Ordinance of the Dillingham City Council Amending DMC Section 4.15.235 B, Costs of Foreclosure...........................page 41 7. CITIZEN'S DISCUSSION (Prior Notice or Agenda Items) 8. ORDINANCES AND RESOLUTIONS a. Adopt Ordinance No. 2016-11, An Ordinance of the Dillingham City Council Amending DMC Section 4.15.235 B, Costs of Foreclosure. .......................... page 41 b. Adopt Resolution No. 2016-48 (AM), A Resolution of the Dillingham City Council Waiving Section 3.95 of the City's Personnel Regulations in Order to Allow Chrissie City of Dillingham September 1, 2016 Regular Council Meeting Page 1 of 3 Messer to continue her employment as an Executive Assistant with the City of Dillingham Administrative Department While Her Brother, Christopher Maines, and Grandfather, Andy Anderson, Serve on The City Council ............................page 45 C. Adopt Resolution No. 2016-49, A Resolution of the Dillingham City Council Waiving Section 3.95 of the City's Personnel Regulations in order to Allow Craig Maines to Continue his Employment as a Police Officer with the City of Dillingham's Public Safety Department While his Brother, Chris Maines, and Grandfather, Andy Anderson, Serve on the City Council ............................................................page 51 d. Adopt Resolution No. 2016-50, A Resolution of the Dillingham City Council Authorizing the Use of General Funds to Match a Municipal Matching Grant for the Repair of the Lift Stations (This item was not prepared in time for distribution and will be distributed under separate cover.) e. Adopt Resolution No. 2016-51, A Resolution of the Dillingham City Council Authorizing the City of Dillingham to Issue General Obligation Refunding Bonds in the Principal Amount of Not to Exceed $10,000,000 to Refund Certain Outstanding General Obligation Bonds of the City, Fixing Certain Details of Such Bonds and Authorizing Their Sale (This item was not prepared in time for distribution and will be distributed under separate cover.) Adopt Resolution No. 2016-52, A Resolution of the Dillingham City Council Authorizing the Expenditures from the Carlson Estate Fund to Install New Siding on theLibrary ....................................................................................................page 57 g. Adopt Resolution No. 2016-53, A Resolution of the Dillingham City Council Waiving the Competitive Bid Process and Extending a Contract with Tekmate LLC, an Alaskan Communications Corporation, to Provide Ongoing Information Technology Management and Support Services .............................................................page 61 h. Adopt Resolution No. 2016-54, A Resolution of the Dillingham City Council Extending the Lake Road Fire Station (This item was not prepared in time for distribution and will be distributed under separate cover.) 9. UNFINISHED BUSINESS a. Citizen Committee Appointments 1) Planning Commission, 2 Seats Open 2) Senior Advisory Commission, I Seat Open b. Annexation Update C. Interim Task Force Borough Feasibility Study Update d. Protest Liquor License Transfer of Location for Kvichak Properties - Update 10. NEW BUSINESS City of Dillingham September 1, 2016 Regular Council Meeting Page 2 of 3 a. Action Memorandum 2016-16, Authorize the City Manager to Contract with Bristol Alliance Fuels for the Purchase of Fuel and Gasoline at a Fixed Price Per Gallon for the Period Covering October 2, 2016 through October 1, 2017 ..............page 67 b. Action Memorandum 2016-17, Authorize the City Manager to Award Task Order No. 1 to Elite Mechanical for Additional Work on the Dock Lift Station (This item was not prepared in time for distribution and will be distributed under separate cover.) ff Pr.'Ii1Uh I' I Iis] h'iI ii i i__Y j'(,J IiIs1 i' h'i I I 1;1 ,- *i:iuj I kY4 i*11 [*Ilk I a. Legal Matter 1) Dillingham & Manokotak Annexation Petitions ir.r_.__ .!I.1I11h'iI II City of Dillingham September 1, 2016 Regular Council Meeting Page 3 of 3 S. MESSAGE tgnucn . EMan6ny Elcucin OMAnAGO OniOn Reply RopE Forward L. RopE A Mat, Uncto Nat Ali Pc 551.0 QLolttcp. 1-, A Ac ,01s IOU PSI Janice \fVjUjro s SepteirbnE 1, 7016 Council Agenda Snprnininnrl, 2010 Ctcun,il Agenda lulmoogn (i-ITIdL( Ruins [yn. Find Q .i9)Cinc0400i. ' fl RolAnd' itlusn IsMoS CuOognlnn Pnilno Tiundaon loonc - 1' Actions G mood - Gp- Minor - 7 MI — lOx 511 c I (AL n 'O'1mo0 nOAS'bkaOA 1500', iCt d -coo7 nAil; Sc, nItEnk p. ArSon,, nn -'nc 0 iLiAc 5,.na0(' AnnA,; CnCA 0 n-CO. nEnOOiL Scor,nn,Ln, A Cn,di..c- n,,, SO'S, 1,50,, liEu,,,-,, 01,0 - 0 (rn,anO,ntn Go-Cc- cc,); Sec 1u1— S; VGA, coN A (CAD C; aLVin-k Ann-. n' '-ito, 1. ., I,a,'-Tnci - o,.;,-Cemo,5-c.nn.O cC(-c-'ncacICn;lnAa, MO.. cAL - no, Ed, ,n l,IL, ,. (asiA ICO,iOl,IOV . A Sin -no SociAl sOSsn-A(ocA,a as lb 0GAsLLaI.c-( 1oG,A1t-'cil- C ion. a, C.'t,.Intnc A 051 aOl OflE 5,-it _aa,oatPnia,,u '.00 to) -CO 01 2006 Regular bug Agenda,pdi 1156 681 Greetings. if you would, please post the agenda for September 3. council meeting In your work area. Thank you very much. Janice Williams City Clerk City or Oiltio0h.cnu GEl Ice of City Clerk PG Bun 009 Street Address Dl0lngharn, AK 99976 T907-842-9212 P907.042-2000 citpcknrkrkdllliroekt.rrouk.uc wwwdlilmnnharorak.uu Til,n maconin and any ,mlt.ocioonnts ,Oln ;rtnrcdad only lop (he ,ad rnusc'n)o) and may CD,cTti;l pnisin nn ii sOn' Gccloul ac, os 'Ian. It you ha-, — sad tills 1010505(5 is ei101 pIo,a,n do isle Olin nilsoads and any at(aslcioiL,00s and SaMmy any snp,an llc.nnk pal Janice VYi hums 1l dlllillnhanitl cc Cannocl In ,cn,ul nnluucll.' Is cocoa yrulllr p1101st cod soS -.,ti 552,100 ci yuui onllocounu in GOblIn Cool mdc to Odd ,lcluflu,A IS deli EBOnite are tsr 100012016 02.00 551 ASs 80, lekMate supporting donuoentalion Gri,nuta. con -cost - SEAS CLERK TROT NOTICE OF MEETING 100s50050uOuBcOi - rooSt to this topy 02 dill000u' SOc MAIL .1 Ct006 CR01 60110E OF 50081160 ilOSl0000s7ABuOI,dntu (20 EE) NEaR TROT PL0110E Or MEETING llOs5OuOnuOAO6Ol II cncc,lO' coo ATTACHMENTS CLERK CR00 NOTICE OF bclEETiNO lTTtOOu0957.uouSldott 120 tEl I000IIAS 00 TeiibcTate supposing docuoantatiun 24 Soc - IT Committee F.taatint 9.1.2016.pub 06 001 BOOS (brine, 0500iliorte too uonr reView 43 oblnu000 can A 0, ' 4 II [s1I i. il I 11 I, JANICE WILLIAMS, City Clerk of the City of Dillingham, Alaska (the "City"), HEREBY CERTIFY that the document attached hereto is an accurate and complete copy of an extract from the minutes of the September 1, 2016, regular meeting of the Dillingham City Council, showing adoption of Resolution No. 2016-51, and that the meeting was duly called and held with a quorum acting throughout. IN WITNESS WHEREOF, I have executed this certificate and impressed the seal of the City of Dillingham hereon this 3rd day of November 2016. JANICE WILLIAMS, City Clerk City of Dillingham [S E A L] 506268\2\00550894 l•)l IlIe1WI.lI'K.(.11RLiilI SEPTEMBER 1, 2019. ltiXs]1l A regular meeting of the Dillingham City Council was held on Thursday, September 1, 2016, at the Dillingham City Council Chambers, Dillingham, Alaska. Mayor Ruby called the meeting to order at 7:00 p.m. The meeting was preceded by a workshop at 6 p.m. on water/wastewater projects strategy and funding, and another workshop at 6:30 p.m. to review the June financial statements. 2. ROLL CALL Mayor Alice Ruby was present. Council Members present and establishing a quorum (a quorum being four): Holly Johnson Chris Maines Misty Savo Curt Armstrong Andy Anderson Paul Liedberg Staff in attendance: Rose Loera Navin Bissram Janice Williams Ken Morton Dan Pasquariello Courtenay Carty Guest(s): Attorney Brooks Chandler attended via teleconference 3. APPROVAL OF MINUTES a. Regular Council Meeting, August 18, 2016 MOTION: Chris Maines moved and Holly Johnson seconded the motion to approve the minutes of August 18, 2016. VOTE: The motion passed unanimously by voice vote. 4. APPROVAL OF CONSENT AGENDA There was no consent agenda. APPROVAL OF AGENDA MOTION: Chris Maines moved and Holly Johnson seconded the motion to approve the agenda. VOTE: The motion passed unanimously by voice vote. APPROVAL OF AGENDA W1J1LskI1 a. City Manager and Staff Reports City of Dillingham September 1, 2016 Regular Council Meeting Page 1 of 7 DILLINGHAM CITY COUNCIL REGULAR MEETING MINUTES SEPTEMBER 1, 2016 City Manager reported on the following items not included in her report: • Recommended a workshop on the landfill prior to the October Council meeting; • Crane bid: no responses; • Jim Bingman's appeal was denied by the Supreme Court. b. Standing Committee Reports There were no standing committee meetings since the last Council meeting. Ij:JI[l1I[c Mayor Ruby opened the hearing on Ordinance No. and 2016-11. There being no comments the hearing closed. a. Adopt Ordinance No. 2016-11, An Ordinance of the Dillingham City Council Amending DMC Section 4.15.235 B, Costs of Foreclosure ri a. Sergeant Luis Nieves, Alaska State Troopers Sergeant Nieves reported he would be focusing his attention on the prevailing problem of heroin use. He wanted people to know they can contact the Troopers and feel comfortable they will remain anonymous. He was working with the Dillingham Public Safety Dept. and had identified some sources of distribution that they would be going after. He commented the Hospital's Child Advocacy program was one of the best in the State. Although the WAANT officer would still be in Anchorage, he felt support would be available if needed. 8. ORDINANCES AND RESOLUTIONS a. Adopt Ordinance No. 2016-11, An Ordinance of the Dillingham City Council Amending DMC Section 4.15.235 B, Costs of Foreclosure MOTION: Chris Maines moved and Holly Johnson seconded the motion to adopt Ordinance No. 2016-11. VOTE: The motion to adopt Ordinance No. 2016-11 passed unanimously by voice vote. b. Adopt Resolution No. 2016-48 (AM), A Resolution of the Dillingham City Council Waiving Section 3.95 of the City's Personnel Regulations in Order to Allow Chrissie Messer to continue her employment as an Executive Assistant with the City of Dillingham Administrative Department While Her Brother, Christopher Maines, and Grandfather, Andy Anderson, Serve on The City Council MOTION: Holly Johnson moved and Misty Savo seconded the motion to adopt Resolution No. 2016-48 (AM). City of Dillingham September 1, 2016 Regular Council Meeting Page 2 of 7 .11111 I; *111 SEPTEMBER 1, 2016 Mayor Ruby noted Chris Maines and Andy Anderson did not have a financial investment, and, therefore, no conflict of interest. VOTE: The motion to adopt Resolution No. 2016-48 (AM) passed unanimously by voice vote. C. Adopt Resolution No. 2016-49, A Resolution of the Dillingham City Council Waiving Section 3.95 of the City's Personnel Regulations in order to Allow Craig Maines to Continue his Employment as a Police Officer with the City of Dillingham's Public Safety Department While his Brother, Chris Maines, and Grandfather, Andy Anderson, Serve on the City Council MOTION: Misty Savo moved and Holly Johnson seconded the motion to adopt Resolution No. 2016-49. Mayor Ruby noted Chris Maines and Andy Anderson did not have a financial investment, and, therefore, no conflict of interest. VOTE: The motion to adopt Resolution No. 2016-49 passed unanimously by voice vote. d. Adopt Resolution No. 2016-50, A Resolution of the Dillingham City Council Authorizing the Use of General Funds to Match a Municipal Matching Grant for the Repair of the Lift Stations MOTION: Paul Liedberg moved and Andy Anderson seconded the motion to ado Resolution Manager Loera reported she would continue to look for other funding sources, and would update at the October or November meeting. She noted the City could use the balance in the water and sewer funds as a match. VOTE: The motion to adopt Resolution No. 2016-50 passed unanimously by voice vote. e. Adopt Resolution No. 2016-51, A Resolution of the Dillingham City Council Authorizing the City of Dillingham to Issue General Obligation Refunding Bonds in the Principal Amount of Not to Exceed $11,000,000 to Refund Certain Outstanding General Obligation Bonds of the City, Fixing Certain Details of Such Bonds and Authorizing Their Sale Manager Loera reported this resolution would provide management with the authority to move forward to work with the bonding agents. MOTION: Chris Maines moved and Holly Johnson seconded the motion to adopt Resolution No. 2016-51. VOTE: The motion to adopt Resolution No. 2016-51 passed unanimously by voice vote. City of Dillingham September 1 2016 Regular Council Meeting Page 3 of 7 DILLINGHAM CITY COUNCIL REGULAR MEETING MINUTES SEPTEMBER 1, 2016 f. Adopt Resolution No. 2016-52, A Resolution of the Dillingham City Council Authorizing the Expenditures from the Carlson Estate Fund to Install New Siding on the Library MOTION: Paul Liedberg moved and Holly Johnson seconded the motion to adopt Resolution No. 2016-52. Manager Loera reported the City had applied for grant funds through the Rasmusson Foundation to replace the siding at the Library, and for work on the Senior Center. Since she did not know if the work could be done by the end of the year, they postponed review to November, and also noted funding was considerably less than prior years. Manager Loera reported $4,000 had been transferred from the Carlson House Fund in each of the current and past year to help pay for utilities. Discussion ensued: • Concerned using the funds since the City hadn't come up with a solid solution on the Carlson House; and . Concerned the City not get too far from the scope of the funding uses. VOTE: The motion to adopt Resolution No. 2016-52 passed with Paul Liedberg, Andy Anderson, Misty Savo, and Chris Maines in favor, and Curt Armstrong and Holly Johnson opposed. g. Adopt Resolution No. 2016-53, A Resolution of the Dillingham City Council Waiving the Competitive Bid Process and Extending a Contract with Tekmate LLC, an Alaskan Communications Corporation, to Provide Ongoing Information Technology Management and Support Services MOTION: Misty Savo moved and Holly Johnson seconded the motion to adopt Resolution No. 2016-53. VOTE: The motion to adopt Resolution No. 2016-53 passed unanimously by voice vote. h. Adopt Resolution No. 2016-54, A Resolution of the Dillingham City Council Extending the Lake Road Fire Station MOTION: Chris Maines moved and Andy Anderson seconded the motion to adopt Resolution No. 2016-54. Manager Loera noted the Station was overcrowded, storing some equipment outside. Plan was to move one of the engines from property leased from the State at $500/month to the Station. Discussion ensued: • Concerned the impact on the cash reserves given the state of the budget; and • Noted could use more information, how much equipment being housed, could some be eliminated; concerned expanding facilities especially with the cutbacks that are going to need to be made; and City of Dillingham September 1, 2016 Regular Council Meeting Page 4 of 7 DILUNGHAM crrv COUNCIL REGULAR MEETING MINUTES SEPTEMBER 1, 2016 Suggested a workshop with a presentation from the fire department. Mayor Ruby noted the resolution was only to approve an REP to get a more concrete number for the cost of construction, but not for the Council to move ahead with construction. VOTE: The motion to adopt Resolution No. 2016-54 passed unanimously by voice vote. 9, UNFINISHED BUSINESS a. Citizen Committee Appointments 1) Planning Commission, 2 Seats Open 2) Senior Advisory Commission, 1 Seat Open Mayor Ruby reported there were no appointments to present. b. Annexation Update Mayor Ruby reported the comment period had been extended to September 19, 2016, which would move the Local Boundary Commission hearing to later in the year. C. Interim Task Force Borough Feasibility Study Update Mayor Ruby noted she had shared the agenda with the Council for a scheduled meeting. d. Protest Liquor License Transfer of Location for Kvichak Properties - Update Mayor Ruby noted Attorney Brooks Chandler was attending via teleconference in case the Council had any questions. Mayor Ruby reported Kvichak's attorney had asked to be placed on the next agenda with the hope the Council would withdraw their protest, which was based on lack of public notice especially to the neighbors. The City's attorney had advised the Council was not required to hold hearings or public meetings, it was now up to the Alcohol Board who would meet for a hearing in late October. Attorney Chandler commented the applicant's attorney would want to show that they did meet the state regulations for providing public notice. This item could be placed on the next agenda under Citizen's Discussion, which would provide an opportunity for the applicant's attorney to speak and the public to weigh in as well and held to a time limit. There was no opposition. City of Dillingham September 1, 2016 Regular Council Meeting Page 5 of 7 DILLINGHAM CITY COUNCIL REGULAR MEETING MINUTES SEPTEMBER 1, 2016 a. Action Memorandum 2016-16, Authorize the City Manager to Contract with Bristol Alliance Fuels for the Purchase of Fuel and Gasoline at a Fixed Price Per Gallon for the Period Covering October 2, 2016 through October 1, 2017 MOTION: Holly Johnson moved and Paul Liedberg seconded the motion to adopt Action Memorandum No. 2016-16. VOTE: The motion to adopt Action Memorandum No. 2016-16 passed unanimously by voice vote. b. Action Memorandum 2016-17, Authorize the City Manager to Award Task Order No. 1 to Elite Mechanical for Additional Work on the Dock Lift Station MOTION: Holly Johnson moved and Paul Liedberg seconded the motion to adopt Action Memorandum No. 2016-17. VOTE: The motion to adopt Action Memorandum No. 2016-17 passed unanimously by voice vote. II. CITIZEN'S DISCUSSION (Open to the Public) There was no citizen's discussion. P4161ii Lei lsI.Jih'iLtI11 Paul Liedberg: Thanked staff for the information they had presented at the two workshops, and for all the good work they provide. Misty Savo: • Noted with school back in session appreciated that the parking lot was better lit, but dust is a problem; and • Commented would like to see the crosswalks marked and educating the community, noting the signage is confusing where pedestrians have the right of way but no painted crosswalks. Mayor Ruby suggested the Manager and Public Works Director could look into it further. i'T.Vt.] 11si] 'l I11 Mayor Ruby: • Noted Rep. Edgmon will bring in David Teal, Executive Director of the Legislative Finance Division, on September 27, for a public forum; • Noted City had budgeted for Juneau travel, but not the AML conference scheduled for November, but would look for grant funding if several were interested in attending; • Recommended rescheduling the December 1 Council meeting, because LBC is looking to schedule hearings that week; and will bring back optional dates; City of Dillingham September 1, 2016 Regular Council Meeting Page 6 of 7 I eIIJ SEPTEMBER 1, 2016 • Noted when the Lieutenant Governor was in town met and discussed filling the DA position which had been budgeted, and increasing the State's contribution to the school bond payment recently cut back; • Noted she would be circulating an evaluation form for the manager's evaluation; • Reminded there would be a workshop on the landfill in October, a finance workshop in November, and a workshop on water and sewer in December; and • Asked for a moment of silence to remember those lost since the last Council meeting. ir.iiH L'A1 *11Ie]i a. Legal Matter 1) Dillingham & Manokotak Annexation Petitions MOTION: Misty Savo moved and Paul Liedberg seconded the motion to enter into executive session to discuss legal matter Dillingham & Manokotak Annexation Petitions. [8:32 p.m.]. VOTE: The motion passed unanimously by voice vote. Holly Johnson and Chris Maines excused themselves. The Council was joined by Manager Loera and Janice Williams, and attended by Atty. Chandler via teleconference. MOTION: Paul Liedberg moved and Misty Savo seconded the motion to exit the executive session [8:50 p.m.]. VOTE: The motion passed unanimously by voice vote. 15. ADJOURNMENT Mayor Ruby adjourned the meeting at 8:50 p.m ATTEST: nice Williams, City Clerk Approval Date: f ( L40 City of Dillingham Regular Council Meeting [SEAL] - - September 1, 2016 Page 7 of 7