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HomeMy WebLinkAbout1980-2422 ISSUANCE & SALE OF VOLCANO EMERGENCY FUND WARRANTS TO PROVIDE FUNDS TO PAY COSTS OF CERTAIN EMERGENCY SERVICES ORDINANCE NO. AN ORDINANCE providing for the issuance and sale of Volcano Emer- gency Fund Warrants to provide funds necessary to pay the costs of certain emergency services required of the City of Yakima; providing for the terms of said warrants and for their sale; and declaring an emer- A10 gency. WHEREAS, the City of Yakima, Washington (the "City"), has • received substantial ash fallout from the recent eruption of Mount St. Helens, necessitating extensive street cleaning and other emer- gency services relating to the streets, properties and facilities of the City, and WHEREAS, the City has incurred and is incurring substantial costs to provide such emergency services,. and • WHEREAS, pending the receipt of anticipated federal grants and other moneys to provide for the payment of such emergency ser- vices, it is necessary to provide for .interim financing of such costs in accordance with the procedures authorized by state law, including the provisions of RCW 35.21.085 and 35.21.086, and WHEREAS, the City Council does hereby find and declare an emer- gency to exist because of the facts and circumstances recited above so that this ordinance shall become immediately effective as an emergency ordinance in accordance with Article VI, Sec. 2, of the Yakima City Charter, as provided by Section 6 of this ordinance, now therefore, BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Definitions. As used in this ordinance, the follow- ing words shall have the following meanings: a. The word "City" means the City of Yakima, Washington. b. The words "Emergency Services" mean street cleaning, ash removal and other emergency services relating to the streets, • properties and other facilities of the City required as a consequence of the volcanic activity of Mount St. Helens. c. The word "Warrants" means the registered warrants drawn on the Volcano Emergency Fund and made payable to the Claims Fund, pursuant to and for the purposes provided in this ordinance. Section 2. Authorization of Warrants. There has heretofore been created a special fund of the City designated the "Volcano Emergency Fund." Said fund shall be utilized for the payment of costs incurred in providing Emergency Services within the City of Yakima. At such time or times as moneys on hand in the Volcano Emergency Fund are insufficient to pay such costs, Warrants suf- ficient in amount to meet the aggregate amount of such obligations shall be drawn on the Volcano Emergency Fund and made payable to the Claims Fund of the City. Said Warrants shall bear interest from date of registration, payable upon redemption at such rate or rates as determined by the City Finance Director. Warrants shall be numbered from one up consecutively in order of their issuance, shall be sold by the City in accordance with the procedure set forth in Section 5 hereof, and the proceeds of the sale of such Warrants shall be deposited in the Claims Fund of the City and utilized to pay such costs. Both principal of and interest on the Warrants shall be pay- able in lawful money of the United States of America at the office of the City Treasurer in Yakima, Washington, and shall be obliga- tions only of the Volcano Emergency Fund. Section 3. Limitation on Warrants. The maximum amount of Warrants SQ registered and sold by the City shall not exceed $3,500,000. Section 4. Redemption of Warrants. The City hereby covenants that all federal, state or other moneys received by the City of Yakima for the purpose of providing funds necessary to provide for, or compensate the City for providing, Emergency Services shall be paid into the Volcano Emergency Fund and moneys so paid into such 41" fund shall be utilized to call and redeem outstanding Warrants drawn on the Volcano Emergency Fund in direct numerical order. Warrants may be called for redemption and payment, in order of their number, at any time when there are on deposit in the Vol- cano Emergency Fund moneys sufficient to so redeem any outstanding Warrant or Warrants, plus accrued interest thereon to the date of redemption. -2- Notice of such intended redemption shall be given in writing to the original purchaser of the Warrant or Warrants to be redeemed at least three business days in advance of the scheduled time of such intended redemption. Interest on any Warrant so redeemed shall .411 cease on such redemption date unless the Warrant is not redeemed upon presentation made pursuant to such call. In the event that the aforesaid grants and any other moneys paid into the Volcano Emergency Fund are insufficient to pay the principal of and interest on all outstanding Warrants drawn on such fund, the City covenants that it will deposit into such fund moneys sufficient to pay such principal and interest, including, if neces- sary, the proceeds of its limited tax levy general obligation bonds issued in amounts not exceeding the applicable limitation of indeb- tedness of the City. Section 5. Sale of Warrants. The appropriate City officials are hereby authorized and directed to do everything necessary for the issuance and sale of the Warrants and the proper application of the proceeds of the sale thereof. The City Finance Director is authorized to negotiate the sale of the warrants with such purchaser or purchasers and for such interest rate or rates as he deems in the best interest of the City, taking into consideration the pre- vailing interest rates in the marketplace for like securities. Section 6. This ordinance is one to provide for the immediate preservation of the public peace, property, health, safety and wel- fare of the people of the City of Yakima and an emergency is hereby declared to exist and this ordinance shall be in full force and effect immediately upon its passage, approval and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL, signed and approved this 3 day of /261L 1980. 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' ;,,»fc' "£t'L•,;p- '�s�... , �;: a »>..J.4.,. `v}r n.d '} se ,sx m + `�!9�'iT_,. „t �' .'Ti � -ul" dtr 'i + 'vSC.:^¢' +, ? 5^ '�� lT, I, IRIS LITZENBERGER, Clerk of the City of Yakima, Wash- ington, DO HEREBY CERTIFY that the foregoing is a true and complete copy of Ordinance No. /Y•.,22-. of said City duly passed by its City Council at a meeting thereof held the ../t-J day of , 1980. 1 11 Cie' Clerk/ do . • 4.411;14 C E R T I F I C A T I O N I, IRIS LITZENBERGER, do hereby certify that the following is a true and correct copy of an excerpt of the minutes of the City Council meeting of June 3, 1980, showing the introduction, reading and adoption of Ordinance No. 2422; "City Manager Zais stated that this proposed ordinance is brought to Council to set up a mechanism to pay the cost of emergency services for clean -up process. Art Zerbach, Director of Finance and Budget, stated that the ordinance gives the City the authority to issue registered warrants, which is a way the City borrows money. He reported that Rainier Bank, Peoples Bank and Seattle First have expressed an interest in purchasing these warrants. He stated that it is important for Council to be aware of a paragraph on page three of the ordinance which states 'In the event that the aforesaid grants and any other moneys paid into the Volcano Emergency Fund are insuf- ficient to pay the principal of and interest on all outstanding Warrants drawn on such fund, the City covenants that it will deposit into such fund moneys sufficient to pay such principal and interest, including, if necessary, the proceeds of its limited tax levy general obligation bonds issued in amounts not exceeding the applicable limitation of indebtedness of the City'. They are requiring that if the Federal funds don't come in, then the Council covenants to issue Councilmatic bonds. Councilman Beauchamp inquired about borrowing money from the other City funds. Mr. Zerbach stated that it would be difficult to audit trail and we will be requested to keep extremely complex records on this. It was MOVED by Hinman, seconded by Buchanan that Ordinance No. 2422, providing for the issuance and sale of Volcano Emergency Fund Warrants, be passed: carried, Beauchamp, Buchanan, Carmichael, Crest, Doty, Edmondson and Hinman voting aye on roll call. ORDINANCE NO. 2422, AN ORDINANCE providing for the issuance and sale of Volcano Emergency Fund Warrants to provide funds necessary to pay the costs of certain emergency services required of the City of Yakima; providing for the terms of said warrants and for their sale; and declaring an emergency." • • • ..„.:45 City Cler 'Date