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1991-08I Amending Ordinance No. 91-08 FY 92 Budget to Accept a Grant from the State of Alaska in the Amount of $6,950 for Printing Two Hundred (200) Additional Copies of the Kodiak Island Borough Coastal Sensitivity Analysis.AN ORDINANCE AMENDING ORDINANCE NO. 91 -08 FY 92 BUDGET TO ACCEPT A GRANT FROM THE STATE OF ALASKA IN THE AMOUNT OF 86,950 FOR PRINTING TWO HUNDRED (200) ADDITIONAL COPIES OF THE KODIAK ISLAND BOROUGH COASTAL SENSITIVITY ANALYSIS WHEREAS, the State of Alaska, Department of Community and Regional Affairs has awarded the Kodiak Island Borough a grant to be applied toward the printing of two hundred (200) additional copies of the Kodiak Island Borough Coastal Sensitivity Analysis; and WHEREAS, WHEREAS, KODIAK ISLAND BOROUGH ORDINANCE NO. 91 -081 the amount of the State grant is $6,950; and Introduced by: Mayor Selby Requested by: Finance Director Drafted by: Community Development Director Introduced: 07/02/92 Public Hearing: 08/06/92 Adopted: 08/06/92 previous copies of the analysis were printed by Kodiak Marketing and Consulting; therefore, it is most cost effective for the same firm to print the additional two hundred (200) copies within the amount of the grant award. NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: This ordinance is not of general application and shall not be codified. Section 2: Section 3: Line item 230 - 252 - 430 -140 in the Fiscal Year 1992 budget will be increased by *6,950. The Kodiak Island Borough Assembly accepts the grant funds in the total amount of *6,950 and directs staff to complete the necessary forms and accounting to manage such funds. Kodiak Island Borough, Alaska Ordinance No. 91 -08I Page 1 of 2 ATTEST: ADOPTED BY THE KODIAK ISLAND BOROUGH ASSEMBLY THIS 6th DAY OF AUGUST, 1992 Donna F. Smith, Borough Clerk KODIAK ISLAND BOROUGH Jack M. arland, Pre ding Officer Kodiak Island Borough, Alaska Ordinance No. 91 -08I Page 2 of 2 The Depository Trust Company 55 Water Street, 49th Floor New York, New York 10041 EXHIBIT A RE: Kodiak Island Borough, Alaska, General Obligation School Refunding Bonds 1991 Series A and 1991 Series B Ladies and Gentlemen: July XX, 1991 The purpose of this letter is to set out certain matters relating to the issuance by the Kodiak Island Borough, Alaska (the "Borough "), of $(Amount) in agreegate principal amount of its General Obligation School Refunding Bonds, 1991 Series A (the "Series A Bonds ") and 1991 Series B (the "Series B Bonds ") (collectively, the "Bonds "). Seattle —First National Bank (the "Paying Agent ") is acting as registrar, authenticating and paying agent with respect to the Bonds. The Bonds are issued pursuant to Ordinance No. 91 -09 (the "Bond Ordinance "), as supplemented by a resolution adopted by the Borough Assembly on July 18, 1991. John Nuveen & Co. Incorporated (the "Underwriter ") has agreed to purchase the Bonds pursuant to a Contract of Purchase dated July 18, 1991. The Underwriter is distributing the Bonds through The Depository Trust Company ( "DTC "). To induce DTC to accept the Bonds as eligible for deposit at DTC and act in accordance with its Rules with respect to the Bonds, the Borough and the Paying Agent make the following representations to DTC: 1. Subsequent to Closing on the Bonds on August (Day), 1991, there shall be deposited with DTC one Bond certificate registered in the name of DTC's nominee, Cede & Co., for each stated maturity of the Bonds in the face amount set forth on Sechedule A hereto, the total of which represents 100% of the principal amount of such Bonds. None of the maturities exceed $150,000,000 in aggregate principal amount. 2. In the event of any solicitation of consents from and voting by holders of the Bonds, the Borough or Paying Agent shall establish a record date for such purposes and give DTC notice of such record date not less than 15 calendar days in advance of such record date to the extent possible. 3. In the event of a redemption or any other similar transaction resulting in retirement of all Bonds outstanding or a reduction in aggregate principal amount of Bonds outstanding ( "full or partial redemption ") or an advance refunding of all Kodiak Island Borough, Alaska Ordinance No. 91 -09 Page 16 of 21 The Depository Trust Company July XX, 1991 Page 2 or part of the Bonds outstanding, the Borough or the Paying Agent shall give DTC notice of such event no less than 30 days nor more than 60 days prior to the recemption or reefunding date, or, in the case of an advance refunding, the date the proceeds are deposited in escrow. 4. In the event of a partial redemption or an advance refunding of part of the Bonds outstanding, the Borough or the Paying Agent shall send DTC a notice specifying: 1) the amount of the redemption or refunding; 2) in the case of a refunding, the maturity date(s) established under the refunding; and 3) the date such notice is to be mailed to Bondholders or published (the "Publication Date "). Such notice shall be sent to DTC by a secure means (e.g., legible facsimile transmission, registered or certified mail, overnight expresss delivery) in a timely manner designed to assure that such notice is in DTC's possession no later than the close of business on the business day before the Publication Date. The Borugh or Paying Agent will forward such notice either in a separate secure transmission for each CUSIP number or in a secure transmission for multiple CUSIP numbers which include a manifest or list of each CUSIP submitted in that transmission. The Publication Date shall not be less than 30 days nor more than 60 days prior to the redemption date or, in the case of an advance refunding, the date the proceeds are depositied in escrow. 5. In the event of an invitation to tender the Bonds, notice to Bondholders by the Borough or Paying Agent, specifying the terms of the tender and the date such notice is to be mailed to Bondholders or published (the "Publication Date ") shall be sent to DTC by a secure means and in a timely manner designed to assure that such notice is in DTC's possession no later than the close of business on the business day before the Publication Date. 6. All notices and payments addressed to DTC shall contain the CUSIP number of the Bonds. 7. Notices to DTC by facsimile transmission shall be sent to DTC's Call Notification Department at (516) 227 -4164 or (516) 227 -4190. If the Borough or Paying Agent does not receive a facsimile receipt from DTC confirming that the notice has been received, it should telephone (516) 227 -4070. Notices to DTC by mail or any other means shall be sent to: Kodiak Island Borough, Alaska Ordinance No. 91 -09 Page 17 of 21 The Depository Trust Company July XX, 1991 Page 3 The Depository Trust Company Call Notification Department Muni Reorganization Manager 711 Stewart Avenue Garden City, NY 11530 8. Interest payments shall be received by Cede & Co., as nominee of DTC, or its registered assigns in next -day funds on each payment date Such payments shall be made payable to the order of Cede & Co. Absent any other existing arrangements, such payments shall be addressed as follows: The Depository Trust Company Manager, Cash Receipts, Dividends 7 Hanover Square - 24th Floor New York, New York 10004 9. Payments of principal shall be received by Cede & Co., as nominee of DTC, or its registered assigns in next -day funds on each payment date. Principal payments shall be made payable to the order of Cede & Co., and shall be addressed as follows: The Depository Trust Company Muni Redemption Department 55 Water Street - 50th Floor New York, NY 10041 Attention: Collection Supervisory 10. DTC may direct the Borough or Paying Agent to use any other telephone number for facsimile transmission, address, or department of DTC as the number, address or department to which payments of interest or principal or notices may be sent. 11. In the event of a redemption, acceleration or any other similar transaction necessitating a reduction in aggregate principal amount of Bonds outstanding or an advance refunding of part of the Bonds outstanding, DTC, in its discretion, (a) may request the Borough and Paying Agent to issue and authenticate a new Bond certificate, and in the case of a refunding, request the Borough to obtain a new CUSIP number for such certificate, or (b) shall make an appropriate notation on the Bond certificate indicating the date and amounts of such reduction in principal, except in the case of final maturity, in which case the certificate must be presented to the Paying Agent prior to payment. Kodiak Island Borough, Alaska Ordinance No. 91 -09 Page 18 of 21 The Depository Trust Company July XX, 1991 Page 4 12. In the event the Borough determines pursuant to the Bond Ordinance that beneficial owners of the Bonds shall be able to obtain certificated Bonds, the Borough or Paying Agent shall notify DTC of the availability of Bond certificates and shall issue, transfer and exchange Bond certificates in apprpriate amounts as required by DTC and others. Whenever DTC requests the Borough and the Paying Agent to do so, the Borough and the Paying Agent will cooperate with DTC in taking appropriate action (a) to make available one ormore separate certificates evidencing the Bonds to any DTC Participant having Bonds credited to its DTC account or (b) to arrange for another securities depository to maintain custody of a single certificate evidencing the Bonds. 13. By joining this letter, the Borough authorizes DTC to provide to the Paying Agent a position listing of its Participants with respect to the Bonds at the request of the Paying Agent, charging its customary fee therfor, and also authorizes the Paying Agent to provide DTC with such signatures, exemplars of signatures and authorizations to act as may be deemed necessary by DTC to permit DTC to discharge its obligations to its Participants and proper regulartory authorities. This authorization, unless revoked by the Borough, shall continue for the term of the Bonds, until and unless the Paying Agent shall no longer be acting under the Bond Ordinance. In such event, the Borough shall provide DTC with similar evidence of the authorization of any successor Paying Agent to so act. 14. DTC may determine to discontinue providing its service as securities depository with respect to the Bonds at any time by giving reasonable notice to the Borough or Paying Agent (at which time DTC will confirm with the Borough or Paying Agent the aggregate principal amount of the Bonds outstanding) and discharging its responsibilities with respect thereto under applicable law. Under such circumstances, whenever DTC requests the Borough and Paying Agent to do so, the Paying Agent and the Borough will cooperate with DTC in taking appropriate action to make available one or more separate certificates evidencing the Bonds to any DTC Participant having Bonds credited to its DTC account. 15. Nothing herein shall be deemed to require the Paying Agent to advance funds on behalf of the Borough. Kodiak Island Borough, Alaska Ordinance No. 91 -09 Page 19 of 21 The Depository Trust Company July XX, 1991 Page 5 Upon request, DTC will provide the Paying Agent with exemplars of signatures of those authorized to act on its behalf, which will be subject to change by DTC, and the Paying Agent and the Borough agree to accept direction from such persons or their designated successors on behalf of DTC. Very truly yours, Received and Accepted: THE DEPOSITORY TRUST COMPANY By Authorized Officer KODIAK ISLAND BOROUGH KARLETON SHORT Finance Director SEATTLE FIRST NATIONAL BANK as Paying Agent Authorized Officer Kodiak Island Borough, Alaska Ordinance No. 91 -09 Page 20 of 21 The Depository Trust Company July XX, 1991 Page 6 Year Year SCHEIN A KODIAK ISLAND BOROUGH, ALASKA GENERAL OBLIGATION SCHOOL REFUNDING BONDS 1991 SERIES A Principal Interest Amount Rate KODIAK ISLAND BOROUGH, ALASKA GENERAL OBLIGATION SCHOOL REFUNDING BONDS 1991 SERIES B Principal Interest Amount Rate Kodiak Island Borough, Alaska Ordinance No. 91 -09 Page 21 of 21