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1972-06 Creating New Account No. for Capital Improvement AreasN'. T S A E KODIAK ISLAND BOROUGH ORDINANCE NUMBER 72 -6 -0 AN ORDINANCE OF THE ROVEMENT AREAS RAND HAUTHORIZING ISLAND ;W ACCOUNT NUMBER FOR CAPITAL IMPROVE M TRANSFER OF APPROPRIATIONS FROM REVENUE, CONTRIBUTIONS FROM rATE OF ALASKA P.L. 207 FUNDS ACCOUNT NO. 230.2 TO EXPENSE CCOUNT HIGHSCHOOL CONSTRUCTION D AND$8C UNTO O. 24LARSN THE AMOUNT OF IGHTY TH WHEREAS, the electors of the Kodiak Island Borough at i Special Election held on the 15th day of February, 1972, authorized the construction of new high school facilities in the mount of THREE MILLION FIVE HUNDRED THOUSAND and No /100ths ($3,500,000.00) DOLLARS, and WHEREAS, it is necessary that an expenditure of EIGHTY THOUSAND and No /100ths ($80,000.00) DOLLARS be authorized for the purpose of architectural fees to proceed with design development plan, and WHEREAS, the Kodiak island Borough is to receive from the State of Alaska Public Law 207 funds for capital improvements. NOW, THEREFORE, BV IT ORDAINED by the Kodiak Island Borough Assembly as follows! Sect_ ion 1: There is created a new account number for rovement areas to be known as Revenue, Contributions capital imp with from State of Alaska P.L. 207 Funds Account / and No/100th anticipated reve ) nues in the amount of EIGHTY THOUSAND ($80,000.00) DOLLARS- Section ion 2: The sum of EIGHTY THOUSAND and No /100ths ($80,000.00) DOLLARS is hereby transferred from Revenue, Contributions from State of Alaska P.L. 207 Funds Account No. 230.2 to expense account High School Construction Budget .243. and Sect_ io_ n3_ Bud The Kodiak Island Borough g ew source of revenue the same is hereby amended to reflect this n IIPage One, ORDINANCE NO. 72-6-0 'l l i , 1 2 and thft transfer of this appropriation therefrom for the purposes herein, provided. KODIAK ISLAND BOROUGH By r Borough Chairman a By Presiding OfTr ATTE3 Borough C1er�— FIRST READING AND APPROVAL DATE: April 6, 1972 SECOND READING AND PASSAGE DATE: ?day 4, 1972 EFFECTIVE DATE: June 4, 1972 IlPage Two, ORDINANCE NO. 72 -6 -0 ORDINANCE NO. % % - % -o AN ORDINANCE of the Kodiak Island Borough, Alaska, confirming the result of a special election held on February 15, 1972, within the Borough for the submisssion to the qualified voters of the Borough of two propositions, one of whether or not the Borough should issue its bonds for the purpose of constructing a new high school and, two, of whether or not the Borough should issue its bonds for the purpose of constructing a swimming pool; providing for the issuance and sale of $4,000,000 of said general obligation bonds approved at said special election; fixing the date, form, terms, maturities and covenants thereof; pledging the levy of general taxes to pay the principal thereof and interest thereon; authorizing the borough to use other legally available moneys for such payments; creating a special fund for the payment of such principal and interest and creating two construction funds. MIEREAS, at a special election held in the Kodiak Island Borough, Alaska (hereinafter called the "Borough ") on February 15, 1972 the qualified electors thereof authorized the issuance of general obligation bonds of the Borough in the principal amount of $3,500,000 for the construction of a new high school at Kodiak, and further authorized the issuance of general obligation bonds of the Borough in the principal amount of $500,000 for the purpose of constructing a new swimming pool at Kodiak; and WHEREAS, it is necessary and in the best interests of the Borough and its inhabitants that the issuance of said $3,500,000 principal amount and said $500,000 principal amount of bonds now be authorized, that all of said bonds be combined and sold in a single issue, and that the date, form, terms, maturities and covenants thereof now be fixed; NOW, THEREFORE, BE IT ORDAINED by the Assembly of the IKodiak Island Borough, Alaska, as follows: 1 0 1 1 1 ? 1 1^ Section 1. That the adoption by the qualified electors of the Borough at a special election held therein on February 15, 1972, of the following propositions: PROPOSITION NO. 1 Shall the Kodiak Island Borough, State of Alaska, incur an indebtedness in a sum not exceeding THREE MILLION FIVE HUNDRED THOUSAND and no /100ths ($3,500,000) DOLLARS for the purpose of constructing basic educational high school facilities at Kodiak, together with appurtenances, auxiliary space and site development necessary for said structure; 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 eight percent (8 %) per annum, payable semiannually all as is authorized by the Statutes of the State of Alaska, and provided by Resolution No. 71 -39 -R of the Kodiak Island Borough passed and approved the 2nd day of December, 1972. PROPOSITION NO. 2 Shall the Kodiak Island Borough, State of Alaska, incur an indebtedness in a sum not exceeding FIVE HUNDRED THOUSAND and No /100ths ($500,000.00 ) DOLLARS for the purpose of constructing a swimming pool as part of the Borough educational complex at Kodiak, together with appurtenances, auxiliary space and site development necessary for such swimming pool, and pledge the full faith and credit of the Kodiak Island Borough for the payment of any indebtedness so incurred and issue General Obligation Bonds with interest at a rate not to exceed eight percent (8 %) per annum, payable semiannually, all as is authorized by the Statutes of the State of Alaska and provided for by Resolution No. 71 -39 -R of the Kodiak Island Borough passed and approved the 2nd day of December, 1971. be and the same.is hereby in all respects ratified and confirmed. Section 2. For the purpose of providing funds to pay the cost of the acquisition, construction and installation of those certain facilities authorized by Resolution No. 71 -39 -R of the Borough Assembly, adopted December 2, 1971, and by the qualified electors of the Borough at the above mentioned special election, the Borough shall issue and sell the $3,500,000 principal amount ' and $500,000 principal amount of said bonds so authorized, and all of said bonds shall be combined and sold in a single issue. Said bonds shall be known as the Kodiak Island Borough -2- I 2 2 1 -.3- General Obligation School Bonds, 1972, (hereinafter called the "Bonds ") shall be dated June 1, 1972, shall be numbered from 1 to 800, inclusive, shall be,in the denomination of $5,000 each, shall bear interest at a rate or rates of not to exceed 8% per annum payable December 1, 1972, and semiannually thereafter on the first days of June and December of each year from date of issue as to be attached thereto, and shall be numbered and evidenced by coupons mature on June 1 in order of their number as follows: Bond Nos. Maturity Year Amount 1 -23 1974 $115,000 120,000 24 -47 1975 1976 130,000 48 -73 1977 140,000 74 -101 1978 150,000 102 -131 1979 160,000 132 -163 1980 170,000 164 -197 1981 180,000 198 -233 1982 190,000 234 -271 1983 200,000 272 -311 1984 210,000 312 -353 198 5 225,000 354 -398 1985 240,000 399 -445 1987 255,000 446 -497 1988 270,000 498 -551 1989 285,000 552 -608 1990 300,000 609 -668 1991 320,000 669 - 1992 340,000 733 -8800 00 Both principal of and interest on the Bonds shall be payable in lawful money of the United States of America at the office of the National Banx of Alaska, Ancnorage, AlasKa, main the option or tae holder, at the m8in o rrice of Seattle - or, at First National Banx, Seattle, Washington. Section s. The Borougn nereby reserves the r-Lgnt to redeem the outstanding Bonds of this issue in wnole, or in part in inverse numerical oraer, on June 1, lvuz, or on any interest payment date tnereafter, at par plus accrued interest to tae date of redemption. -.3- I n I 1 1 2 2 x 0 notice of any sucn intenaea reaemption shah oe given try one publication in a financial journal of general circulation in the City of New York, New York, with eacn such publication to be not more than forty nor less than thirty days prior to said redemption date and by mailing a like notice at the same time to the purchaser of the Bonds at their sale by the Borough, or to the business successor of sucn purchaser, if any. In addition to sucn publication and mailing, the Borough Clerk shall also mail notice of such intended redemption to Standard and Poor's Corporation and Moody's Investors Service, Inc., New York, New York, or to their successor's if any. The mailing of such notice shall not, however, be a condition precedent to the call of any Bonds for redemption and failure to give such notice shall not affect the right of the Borougn to redeem Bonds called for redemption in the method set forth in the preceding paragraph. Interest on any Bond or Bonds so called for redemption shall cease on such redemption date unless the same are not redeemed upon presentation made pursuant to such call. Section 4. There is hereby created a special fund of the Borough to be known as the "Kodiak Island Borough General Obligation School Bond Redemption Fund," (hereinafter called the "Bond Redemption Fund ") which fund shall be drawn upon for the sole purpose of paying the principal of and interest on the Bonds as the same shall become due. All accrued interest received from the sale of the Bonds shall be paid into the Bond Redemption Fund. Section 5. From and after the date of issue of the Bonds and for as long any of the same remain outstanding and unpaid, the IBorough covenants and obligates itself to levy and collect annually -4- a 0 1 i I ` 2 2 g i ad valorem taxes upon all the taxable property within the Borough without limitation as to rate or amount and in an amount or amounts sufficient, together with other monies legally available therefor, to pay the principal of and interest on the Bonds as the same shall become due. All of said ad valorem taxes so collected shall be paid promptly into said Bond Redemption Fund at least thirty days prior to the dates on which any installment of interest on or principal of and interest on the Bonds outstanding shall become due and payable. For the levy and collection of such taxes and for the prompt payment of such principal and interest the full faith, credit and resources of the Borough are hereby irrevocably pledged. Section 6. There is hereby created a special fund of the Borough to be known as the "Kodiak Island Borough High School Construction Fund," (hereinafter called the "School Construction Fund "). Out of the proceeds of the sale of the Bonds the sum .4 of $3,500,000 shall be paid into such Fund and shall be used only for the purpose of paying the cost of acquiring, constructing and installing those certain high school facilities as provided in Resolution No. 71 -39 -R of the Borough Assembly, (and in Proposition No. 1 set forth therein) and for paying all costs incidental thereto. Interest or profits received from the interim investment of such monies shall not exceed the applicable limits provided by federal statutes and regulations respecting arbitrage. Section 7. There is also hereby created another special fund of the Borough to be known as the "Kodiak Island Borough Swimminc Pool Construction Fund," (hereinafter called the "Swimming Pool Construction Fund "). Out of the proceeds of the sale of the Bonds thf sum of $500,000 shall be paid into such Fund and shall be used -5- I I I I 1 1 2 2 9' only for the purpose of paying the cost of acquiring, constructing, equipping and installing a swimming pool at the Borough educational complex in Kodiak, as provided in Resolution No. 71 -39 -R of the Borough Assembly, (and as provided in proposition No. 2 as set forth therein), and for paying all costs incidental thereto. Interest or profits received from the interim investment of such monies shall not exceed the applicable limits provided by federal statutes and regulations respecting arbitrage. Section 8. If the funds available in the respective construction funds will not permit the acquisition, construction and installation of all of the improvements set forth in Resolution No. 71 -39 -R, or if any anticipated government grants for such purposes are not obtained, or are reduced, then such portion thereof as may be found most necessary under all the circumstances by the Borough government shall be acquired, constructed and installed. Section 9, The Bonds shall be in substantially the following form: UNITED STATES OF AMERICA $5,000 NO. KODIAK ISLAND BOROUGH GENERAL OBLIGATION SCHOOL BOND, 1972 The Kodiak Island Borough, a municipal corporation of the State of Alaska, (herein called the "Borough ") for value received hereby promises to pay to bearer on the first day of June, 19 , the principal sum of FIVE THOUSAND DOLLARS together with interest thereon at the rate of 8 per annum payable December 1, 1972, and semiannually thereafter on the first days of June and December of each year from date hereof, as evidenced by and upon presentation and surrender of the -6- 1 7 1 1 1 1 2 2 1 attached interest coupons as they severally become due, or until such sum shall have been paid or duly provided for. Both principal and interest are payable in lawful money of the United States of America at the National Bank of Alaska, at its main office in Anchorage, Alaska, or at the option of the holder, at the main office of the Seattle -First National Bank, Seattle, Washington. The Borough has reserved the right to redeem the outstanding bonds of this issue in whole, or in part in inverse numerical order, on June 1, 1972, or on any interest payment date thereafter, at par plus accrued interest to the date of redemption. Notice of any such intended redemption shall be given by one publication in a newspaper of general circulation in the City of New York, New York, not more than forty nor less than thirty days prior to said redemption date, and by mailing a like notice at the same time to the purchaser of the bonds at their sale by the Borough, or to the business successor of such purchaser, if any. Interest on any Bond or Bonds so called for redemption shall cease on such redemption date unless the same are not redeemed upon presentation made pursuant to such call. This bond is one of an issue of eight hundred bonds of like amount, date and tenor except as to number, rate of interest and date of maturity aggregating the principal sum of $4,000,000 and is issued pursuant to the Constitution and laws of the State of Alaska, a vote of the qualified electors of the Borough and duly adopted ordinances and resolutions for the purpose of providing funds to pay the -7- cost of acquiring, constructing and installing certain capital improvements to the educational facilities of the Borough. _ This bond and the bonds of this issue are payable both principal and interest out of the special fund of the Borough entitled "Kodiak Island Borough General Obligation School Bond Redemption Fund" created by Ordinance No. of the Borough. The Borough has obligated and bound itself to levy and collect ad valorem taxes on all the taxable property within the Borough without limitation as to rate or amount► in amounts sufficient, together with all other funds available therefor, to pay the principal of and interest on the bonds of this issue as the same shall become due. For the levy and collection of such taxes and the prompt payment of such principal and interest, the full faith, credit and resources of the Borough are hereby irrevocably pledged. It is hereby certified that all acts, conditions and things required by the Constitution and laws of the State of Alaska, and the ordinances and resolutions of the Borough to have been done precedent to and in the issuance of tnis bond have happened, been cone and pertormed and u►at the total indebtedness of the aorougn, including tnis uOnd and the bonds of this issue, does not exceed any debt limitation prescriped by law. the Kodiak, tsorough► Alaska, IN WITNESS WHEREOF, has caused this bond to be signed by its Chairman, to be attested by its clerk, the official seal or the Borough to be impressed nereon and the interest coupons attacned nereto to be signed with the facsimile signatures of -a- 1 0 1 1 I 1') ? q r- said officials this 1st day of June, 1914. &uoIAK ISLAND BOROUGH, ALASKA By Borough Chairman ATTEST: Borough Clerk The interest coupons to be attached to said bonds shall be in substantially the following form: No. S On the first day of , 19 the Kodiak Island Borough, Alaska, will pay to bearer at the main office of the National Bank of Alaska, Anchorage, Alaska, or at the option of the holder, at the main office of the Seattle -First National bank, Seattle, Wasnington, the sum shown hereon in lawful money of the United States of America, said sum being the semiannual interest due that date on its General Obiigaton School Bond dated June 1, 1972, and numbered KODIAK ISLANU BOROUGH, ALASKA By Borough Chairman ATTEST: / g C e rk Section 10. Said bonds shall be signed on behalf of the Borough by its Chairman, shall be attested by its Clerk, and shall -9- 1 1 0 1 1! (1 2 2 1 have the official seal of the Borough impressed thereon. Each of the interest coupons attached thereto shall be signed with the facsimile signatures of said officials. Section 11. The bonds shall be sold at public sale and the Borough Clerk is authorized to fix such sale date and to advertise the bonds for sale in such manner as is deemed necessary including one publication in a financial journal of national circulation, not less than ten days prior to the sale date. Upon the sale of the bonds, the proper officials of the Borough are hereby authorized and directed to execute the same and to do all things necessary for the prompt issuance, execution and delivery thereof and for the proper application and use of the proceeds of such sale. PASSED AND APPROVED by the Assembly of the Kodiak Island Borough, Alaska, this 14th day of April 1972. KODIAK ISLAND BOROUGH By A t Presiding Of is o e Borough Assembl �\ � i • F L U GC,t�3 �- Borough airman er ' -10-