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HomeMy Public PortalAboutORD13878 • CERTIFICATE I, the undersigned, City Clerk of the City of Jefferson, Missouri, hereby certify that attached to this Certificate is a true and correct copy of Ordinance No. I g—'Z passed by the City Council of the City at a special meeting held, after proper notice, on May 4, 2005; that the Ordinance has not been amended and is in full force and effect as of this date;and that the Ordinance is on file in my office. WITNESS my hand and official seal this day of May,2005. r (Seal) vCity Clerk • • EXHIBIT A ADDITIONAL PROVISIONS 1. Original Princiva 1 Amount—Section 201. $4,600,000 2. Maturity Schedule—Section 203. Maturity Principal Interest July 1 Amount Rate 2006 $135,000 3.000% 2007 160,000 3.000% 2008 165,000 3.000% 2009 170,000 3.000% 2010 175,000 3.250% 2011 180,000 4.000% 2012 190,000 4.000% 2013 195,000 4.000% 2014 205,000 4.250% 2015 215,000 4.250% 2016 225,000 5.000% 2017 235,000 5.000% 2018 245,000 5.000% • 2019 260,000 5.000% 2020 270,000 5.000% 2021 285,000 5.000% 2022 300,000 5.000% 2023 315,000 5.000% 2024 330,000 5.000% 2025 345,000 5.000% 3. Purchase Price—Section 210. $4,870,883.60 4. Administrative Fee Calculation Dates — Section 211. The Business Day preceding each July 1,commencing on die Business Day preceding July I,2006, 5. Optional Redemption— Section 302. Al the option of the City, Bonds maturing on July I, 2016 and thereafter, except as provided below, may be called for redemption and payment prior to maturity in whole or in part on any date with the consent of the Bondowner, or on each June 1 and December I, commencing June 1, 2015, at the redemption price of 100% of principal amount of the Bonds redeemed, plus accrued interest to the redemption date, • A-1 6. Section 501 Deposits. (a) $96,775.86 into die Costs of issuance Fund for Costs of Issuance;and (b) $4,774,107.74 into the Construction Account from Bond proceeds. • i • A-2 EXHIBIT B FORM OF BOND [THIS BOND IS TRANSFERABLE ONLY TO ANY SUCCESSOR TO THE STATE ENVIRONMENTAL IMPROVEMENT AND ENERGY RESOURCES AUTHORITY OR ITS ASSIGNS] UNITED STATES OF AMERICA STATE OF MISSOURI Registered Registered No. R- $ I CITY OF JEFFERSON, MISSOURI SEWERAGE SYSTEM REVENUE BOND (STATE REVOLVING FUND PROGRAM) SERIES 2005A • Interest Rates Maturity Dates Dated Date See Schedule 1 See Schedule I May 19,2005 REGISTERED OWNER; STATE ENVIRONMENTAL IMPROVEMENT AND ENERGY RESOURCES AUTHORITY PRINCIPAL AMOUNT; DOLLARS"* THE CITY OF JEFFERSON, MISSOURI, a constitutional charter city and political subdivision of die State of Missouri (the "City"), for value received, hereby promises to pay to the Owner shown above,or registered assigns,the Principal Amount shown above in installments in the amounts and on the Maturity Dates referenced above,and to pay interest thereon at the annual Interest Rates referenced above (computed on the basis of a 360-day year of twelve 30-day months), payable semiannually on January I and July I in each year,commencing January 1, 2006(each an "Interest Payment Date"), from the Dated Date shown above or from the most recent Interest Payment Date to which interest has been paid or duly provided for until the Principal Amount has been paid. The principal of and redemption premium, if any, on this Bond will be paid at maturity or upon earlier redemption to the person in whose name this Bond is registered at the maturity or redemption dale, upon presentation and surrender of this Bond at the principal office of UMB Bank, N.A. (the "Paying Agent"). The interest payable on this Bond on any interest Payment Date will be paid to the person in whose name this Bond is registered on the registration books maintained by the Paying Agent at the close of business on the Record Date. The Record Dae is the fifteenth day(whether or not a business day) of the calendar month next preceding the Interest Payment Date. The principal of and redemption premium, • if any, and interest on the Bonds is payable by electronic transfer in immediately available federal funds to a bank in the continental United States of America pursuant to instructions from the Owner received by B-1 • the Paying Agent prior to the Record Date. The principal of,redemption premium, if any,and interest on this Bond is payable in lawful money of the United States of America. This Bond is one of a duly authorized series of bonds of the City designated "Sewerage System Revenue Bonds (State Revolving Fund Program) Series 2005A" aggregating the principal amount of $4,600,000 (the "Bonds"), ssued by the City for the purpose of extending and improving its sewerage system, under the authority of and in full compliance with Chapter 250 of the Revised Statutes of Missouri and pursuant to an election duly held in the City and an ordinance passed by the governing body of the City(the "Ordinance"). Tenn Bonds, if any,are subject to mandatory redemption and payment prior to maturity pursuant to the mandatory redemption requirements of the Ordinance, at a redemption price equal to 100% of the principal amount plus accrued interest to the redemption date. At the option of the City, certain Bonds may be called for redemption and payment prior to maturity in whole or in part on any date with the consent of the Bondowner,as provided in the Ordinance. Bonds will be optionally redeemed in part in integral multiples of $5,000 (unless otherwise approved in writing by the Bondowner) from the maturities selected by the City with the prior written consent of the Bondowner. Upon redemption,the sinking fund redemption amounts for each maturity, if any,will be proportionately reduced,subject to rounding to integral multiples of$5,000 (unless otherwise approved in writing by the Bondowner). The City will give written notice to the Paying Agent,as trustee (the"Trustee"), designating the amount of each maturity redeemed and the reduction in each sinking find • installment, subject to verification by the Trustee. In exercising its option to redeem the Bonds, the City will deposit with the Paying Agent, in addition to the principal of, premium, if any, and interest on the Bonds, an additional premium equal to 30-days' interest on the Bonds to be redeemed for an additional 30-day period. If all of the Bonds are held by the Bondowner, no notice of the mandatory sinking fund redemption of Bonds, if any, is required to be given. If the Bonds are held by any Owner other than the Bondowner or if Bonds are being optionally redeemed, notice of redemption will be given, unless waived, by mailing a redemption notice by registered or certified mail at least 45 days prior to the date fixed for redemption, to the Owner of each Bond to be redeemed at the address shown on the Bond Register. If notice of redemption has been given or waived, die Bonds or portions of Bonds called for redemption will become due and payable on the redemption date at the redemption price specified in the notice. From and after the redemption date the Bonds called for redemption will cease to bear interest date unless the City defaults in the payment of the redemption price. The Bonds are limited obligations of the City payable solely from,and secured as to the payment of principal and interest by a pledge of, the Net Revenues (as defined in the Ordinance), The taxing power of the City is not pledged to the payment of the Bonds either as to principal or interest. The Bonds do not constitute a general obligation of the City or an indebtedness of the City within the meaning of any constitutional, statutory or charter provision, limitation or restriction. Under the conditions set forth in the Ordinance, the City has the right to issue additional parity bonds payable from, and secured by, the Net Revenues, The Bonds are issued on a parity with the City's Outstanding Parity Bonds (as defined in the Ordinance). • The City covenants with the Owner of this Bond to keep and perform all covenants and agreements contained in the Ordinance, and the City will fix, establish, maintain and collect rates, fees B-2 • and charges for the use and services furnished by or through the System to produce Revenues sufficient to pay the operation and maintenance costs of the System,pay die principal of and interest on the Bonds and provide reasonable and adequate reserve funds. Reference is made to the Ordinance for a description of the agreements made by the City with respect to the collection, segregation and application of the Revenues,the nature and extent of the security for the Bonds, the rights,duties and obligations of the City with respect to the Bonds,and the rights of the Owners. The Bonds are issuable in the form of filly registered Bonds without coupons in die denomination of$1,000 or any integral multiple of$1,000. This Bond may be transferred or exchanged, as provided in the Ordinance, only upon the registration books kept for that purpose at the above—mentioned office of the Paying Agent. Upon surrender of any Bond at the principal office of the Paying Agent, the Paying Agent will transfer or exchange the Bond for a new Bond or Bonds in any authorized denomination of the same maturity and in the same aggregate principal amount as the Bond which was presented for transfer or exchange. All Bonds presented for transfer or exchange must be accompanied by a written instrument of transfer or authorization for exchange, in a form and with guarantee of signature satisfactory to the Paying Agent, duly executed by the Owner or by the Owner's authorized agent. All Bonds presented for transfer or exchange must be surrendered to the Paying Agent for cancellation. For every exchange or transfer of Bonds the City or the Paying Agent may levy a charge sufficient to reimburse it for any tax, fee or other governmental charge required to be paid for the exchange or transfer. The charge must be paid by the person requesting the exchange or transfer. Payment of the charge is a condition precedent to the exchange or transfer. • This Bond will not be valid or be entitled to any security or benefit under the Ordinance until tine Certificate of Authentication has been executed by the Paying Agent. IT 1S HEREBY CERTIFIED AND DECLARED that all acts, conditions and things required to exist, happen and be performed precedent to die issuance of the Bonds have existed, happened and been performed in due time, form and manner as required by law, and that before the issuance of the Bonds, provision has been duly made for the collection, segregation and application of the income and revenues of the System as provided in the Ordinance. [Remainder of this page intentionally left blank] • B-3 IN WITNESS WHEREOF, the City of Jefferson, Missouri, has caused this Bond to be executed by file manual or facsimile signature of the Mayor, attested by the manual or facsimile signature of the City Clerk,with its official seal affixed or imprinted hereon and has caused this Bond to be dated the Date shown above. CITY AF JEFFERSON,MISSOURI /IBY: �� Mayor (SEAL) A EST: / 42r. City Clerk • B-4 CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds of the issue described in the within-mentioned Ordinance. Registration Date: UMB BANK,N.A., Paying Agent By Authorized Signatory RECORD OF PRINCIPAL PAYMENTS AND PREPAYMENTS Under the provisions of the Ordinance, payments of the principal installments of this Bond and partial prepayments of the principal of this Bond may be made directly to the Bondowner without surrender of this Bond to the Paying Agent. Accordingly, any purchaser or other transferee of this Bond should verify with the Paying Agent the principal of this Bond outstanding prior to any purchase or transfer,and the records of the Paying Agent are conclusive. • • B-5 ASSIGNMENT FOR VALUE RECEIVED,the undersigned hereby sells,assigns and transfers unto UMB Bank,N.A. Print or Type Name of Transferee the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints UMB Bank, N.A. agent to transfer the within Bond on the registration books kept by the Paying Agent, with full power of substitution in the premises. STATE ENVIRONMENTAL IMPROVEMENT AND ENERGY RESOURCES AUTHORITY Dated: By: Chairman NOTICE:The signature to this assignment must correspond with the name of the Owner as it appears upon the face of the within Bond in every particular. Signature Guaranteed By: Authorized Signatory UMB Bank,N.A. NOTICE: Signature(s) must be guaranteed by an eligible guarantor institution as defined by SEC Rule 17Ad-15(17 CFR 240.17Ad-15). • B-6 SCHEDULEITO CITY OF JEFFERSON,MISSOURI SEWERAGE SYSTEM REVENUE BOND (STATE REVOLVING FUND PROGRAM) SERIES 2005A [insert Maturity Schedule from paragraph 2 of Exhibit A) • • B-7 TiLT`6`Q�F•:El�SSOUAI� Dfut Ohms,Govcnmr . Doyle ChilJen,Director D ifiRT,l�!IZNT OF NATURAL RESOURCES 7, ° wtvw.Jncmo.gov September 27, 2005 Mr. Patrick E. Sullivan Director of Community Development 320 East McCarty Street Jefferson City, MO 65101 Rae Construction Loan C295401-02 Dear Patrick Sullivan: Please find enclosed a copy of your Construction Fund Request Form Number 3. Our department has reviewed your payment request and the eligible amount is $6,834.41. The original of this request has been sent to your trustee, UMB Bank & Trust, and you can expect payment in the near future. The remaining balance in your construction loan account ia '$3,119,041.04. • Our department has processed a request for a payment of $4,784.09 of federal capitalization grant funds to the reserve fund for the bonds. Thin payment has been figured at 70% of the total eligible construction and costs of issuance leas previous reserve payments. This payment will be wired to UMB Bank & Trust for deposit in the reserve funds for the bonds. Thank you for your participation in the State Revolving Loan Fund Program. If you have any questions, please feel free to contact me at (573) 751-4940 or P.O. Box 176, Jefferson City, MO 65102-0176. "" Sincerely, WAT R PROT CTIO�NI,PROGRAM c eQY�-� ✓� Kim 1 one Accountant Enclosure C: .XPLy�11�K>?ow117&city.iclark Ms. Phyllis Gilpin, Chief Accountant DNR-WPP-PAC, SRF-06 (04-05) • Ci fIK),IM hp. MISSOURI DEPARTMENT OF NATURAL RESOURCES.WATER PROTECTION PROGRAM \>�J\ CONSTRUCTION FUND REIMBURSEMENT'OR' CLEAN WATER STATE REVOLVING LOAN PROGRAM 1. TYPEOFREOUEST: %_PARTIAL _FINAL 3, PAYMENT REOUEST NUMBER: _3_ PAGE 1 OF—1— 2. LOAN NUMBER: C295401-02 4, PERIOD COVERED BY THIS REPORT: BOND ISSUE IDENTIFIER: Series 2005 A from:_July 18,2005 to:_September 14,2005 ECIPIENT ORGANIZATION: 6. LOAN TRUSTEE: (RESERVE FUND PAYEE) City of Jefferson UMB Bank,n.a. 320 East McCarty In Trust for Jefferson City C295401-02 Jefferson City.MO 65101 P.O.Boa 021 St.Loins,MO 62166-0321 7. ELIGIBLE PROJECT COSTS INCURRED(EXCLUDING RETAINAGE) Recipient Project Name and Number Cunene Parted Cumulative Office Use Only Show consimcWn,engineenng.administravve costs,etc. The Loan On Jacobs CNJ Inc.-WWTP and Walnut PS 72218.38 r( G �I�J• r' 1 B. Jacobs•Basin 3 Sanitary Sewor Rehab•Constructors(Pay Reg,412 It a13 6.834.41 150 768.89 157G,—[(,-c . C. 10 U0 Jacobs•Basin 3 Sande Sower Rehab•Design 64.400.00 Homer 6 Shdnn•Hwy 54 Pump Station 254 863.89 Z,5e4.N05 Scl E. Bums It AMcDonnell•Sewor Recto Stud •Invoice's 48 47 Q 06 45,047.98 45,04:17-gF, F. '7/7 51.Paul Fro 6 Mama Ins.Co.Huffman •Pe Application a27 349 090.79 , (�7 G. 148.095.81 14 ��. Goodwin Brothers Construction • Nsu•Sewer Clean d Seal.Inc. 584580.98 �WI I. J. K. L. olet from contlnuatlon sheet(lines 7.M.•7.Y.) 0.00 0.00 Eligible costs Incurred to dale 1 O 6.834.41 1 855,066.70 BB,TOTAL APPROVED ELIGIBLE CONSTRUCTION LOAN FUND COSTS TO DATE; BB. CC,LESS AMOUNT PREVIOUSLY APPROVED FOR PAYMENT BY TRUSTEE: CC. C7 DD,AMOUNT PAYABLE TO CITY BY TRUSTEE(ACTUAL REIMBURSEMENT AMOUBM: Do. GL GG��I1 f:i ... ..v . .r..w.:y_•fr..v'.n.'n N.]:.:('wa.. r aa:b:.J�n.0",pAU,n ..h .. i EE.COST OF ISSUANCE: EE. .y y FOR OFFICEU9E ONLY ?. FF.TOTAL CONSTRUCTION LOAN FUND AND COST OF ISSUANCE: FF. 7 / I ' _ f1i •- .-. GG.WATER AND WASTEWATER LOAN FUND RATIO: 70%OF LINE 7.FF.: GO. I 72 T U lL, 2Aq. go t� HH,LESS WATER AND WASTEWATER LOAN FUND PAYMENTS AUTHORIZED TO DATE: HH, 1 22 5.71 1 11.PAYMENT DUE FROM STATE(RESERVE FUND PAYM /( 7PC e.CERTIFICATION. `..•. f / sipmluno au t N mcbl: '7 Cr' I cent,that to the bast o,my knowledge and belief the billed costs or disbursements ale In RECIPIENTi cat.sign-11% /^� i.s.pnpn.Nume.r accordance with the leans of the project and that `t—I-1 'V�J STa e04d4r0 the payment due represents the amount due which T7Pa4 or prinbd mm.snit W c has not been previously requested and that an Inspection has been performed and all work is in Patrick E.Sulllva P.E. Director of Communl Devela mant accordance with the terns of the ban agreement. signal •e rvl.w om .I: Office Use Only l.l_l Typ.4 r 1 ffi'm.FIt Thn5 /l t OHR•WPCP•FTS.SRFCW.01•NO GRANT if INS) Il 1yal (.�`fJII `(•�L •