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Ordinance 2907CITY OF EDMONDS, WASHINGTON ORDINANCE NO. 2907 AN ORDINANCE RELATING TO THE FINANCES OF THE CITY, AMENDING ORDINANCES NOS. 2903 AND 2904 AND OTHERWISE RATIFYING AND CONFIRMING THOSE ORDINANCES. WHEREAS, by Ordinance No. 2903 passed on December 8, 1992, the City authorized the issuance and sale of $7,805,000 Water and Sewer Revenue Refunding Bonds, 1992 for the purpose of refunding certain outstanding bonds of the City; and WHEREAS,. by Ordinance No. 2904 passed on December 8, 1992, the City authorized the issuance and sale of $5,785,000 Water and Sewer Revenue and Refunding Bonds, 1993, for the purpose of providing part of the funds to carry out a plan or system for the construction or acquisition of certain improvements of the water works utility and to refund certain other outstanding bonds of the City; and WHEREAS, it has come to the attention of the City Council that certain corrections should be made to those ordinances in conformity with the intentions of the Council and the purchase contracts entered into between the City and Seattle - Northwest Securities Corporation for the purchase and sale of those bonds as authorized by such ordinances; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN, as follows: 0050460.02 -1- Section 1. The definition of "Refunding Plan" appearing in Section 1 on page 8 of Ordinance No. 2903 should be and hereby is amended to read as follows: "Refunding Plan" means: (a) the placement of sufficient proceeds of the Bonds which, with other money of the City, will acquire the Acquired Obligations to be deposited with cash with the Refunding Trustee; (b) the call, payment and redemption of the outstanding 1983 Refunded Bonds on May 1, 1993, at 102% of par; (c) the payment of the interest on the 1988 Refunded Bonds when due up to and including December 1, 1998, and, on December 1, 1998, the call, payment and redemption of all of the outstanding 1988 Refunded Bonds at par; (d) the payment of the costs of issuing the Bonds and carrying out the Refunding Plan. Section 2. The title of Ordinance No. 2904 appearing on the first page of such ordinance should be and hereby is amended to read as follows: AN ORDINANCE relating to the combined water and sewerage systems comprising the waterworks utility of the City; specifying and adopting a plan or system for the construction of certain improvements of that waterworks utility; declaring the estimated cost thereof as nearly as may be; providing for the issuance of $5,785,000 par value Water and Sewer Revenue and Refunding Bonds, 1993, for the purpose of providing a part of the funds to carry out that plan or system for the construction or acquisition of certain improvements of the waterworks utility of the City specified and adopted herein, and refund a portion of the City's outstanding Water and Sewer Revenue Bonds, 1988; providing for and authorizing the purchase of certain obligations out of a portion of the proceeds of the sale of the bonds authorized herein and for the use and application of the money derived from those obligations; authorizing the execution of an agreement with a refunding trustee; fixing the date, form, maturities, interest rates, terms and covenants of those bonds; providing for the sale and delivery of those bonds to Seattle -Northwest Securities Corporation 0050460.02 -2- of Seattle, Washington; and establishing an effective date of this ordinance. Section 3. The eighth recital appearing on page 5 of Ordinance No. 2904 should be and hereby is amended to read as follows: WHEREAS, there are presently outstanding $2,060,000 principal amount of 1988 Bonds maturing on December 1 in the years 1999 through 2001, inclusive (the 111988 Refunded Bonds") bearing interest at various rates from 7.30% to 7.50% per annum; and Section 4. The fourteenth recital appearing on page 6 of Ordinance No. 2904 should be and hereby is amended to read as follows: WHEREAS, the City Council has determined it is necessary and in the best interest of the City that there be adopted a plan or system for certain improvements of the System, consisting of paying 54.22% of the cost of constructing or acquiring a public works facility, being that portion of the facility to be used for the System, and the expansion of the City's share of the capacity of the sewerage treatment plant in Lynnwood, and that the City issue its $3,505,000 par value water and sewer revenue bonds for the purpose of paying the cost of carrying out that plan or system; and Section 5. The definitions of 111988 Refunded Bonds" and 111992 Bonds" appearing on page 8 in Section 1 of Ordinance 0050460.02 -3- 2904 should be in the same and hereby are amended, respectively, to read as follows: 111988 Bonds" means the outstanding Water and Sewer Revenue Bonds, 1988, of the City issued under date of September 1, 1988, pursuant to Ordinance No. 2678 maturing up to and including December 1, 1998. 111988 Refunded Bonds" means the 1988 Bonds maturing on December 1 of each of the years 1999 through 2001, inclusive. Section 6. Section 2 of Ordinance No. 2904 beginning on page 11 should be in the same and hereby is amended to read as follows: Section 2. Plan or System Adopted. The City specifies, adopts and orders the carrying out of a plan or system for the construction or acquisition of improvements of the System, consisting of the construction or acquisition of a portion of a public works facility, that portion of which is to be used by the System, at an estimated cost of $2,055,000 for the portion to be used by the System, which cost shall be paid from part of the proceeds of the bonds authorized herein, and expansion of the capacity of the City at the Lynnwood sewerage facilities pursuant to the "Amendment to Agreement for Joint Use of Sanitary Sewerage Facilities between City of Edmonds and City of Lynnwood" entered into on May 4, 1990, at a cost of $1,450,000, which cost shall be paid by a portion of 0050460.02 -4- the proceeds of the bonds authorized herein, for a total cost of $3,505,000. Section 7. Section 4 of Ordinance No. 2904 beginning on page 13 should be in the same and hereby is amended to read follows: Section 4. Purpose and Description of Bonds. For the purpose of providing the funds to pay the cost of carrying out the Plan of Additions, to pay the cost of carrying out the Refunding Plan and to pay the costs of issuance of the Bonds ("costs of issuance"), the City shall issue the Bonds in the principal amount of $5,785,000. The Bonds shall be dated January 1, 1993; shall be in the denomination of $5,000 or any integral multiple thereof within a single maturity; shall be numbered separately in the manner and with any additional designation as the Bond Registrar (collectively, the fiscal agencies of the State of Washington located in Seattle, Washington, and New York, New York) deems necessary for purposes of identification; and shall bear interest at the rates set forth below (computed on the basis of a 360 -day year of twelve 30 -day months), payable on June 1, 1993, and semiannually thereafter on each succeeding December 1 and June 1, and shall mature on December 1 in years and amounts as follows: Maturity Interest Years Amounts Rates 1993 130,000 3.00% 0050460.02 -5- 1994 125,000 3.60 1995 130,000 4.10 1996 185,000 4.40 1997 210,000 4.70 1998 225,000 4.90 1999 725,000 5.00 2000 925,000 5.20 2001 845,000 5.40 2002 105,000 5.55 2003 135,000 5.70 2004 140,000 5.90 2005 145,000 6.00 2006 130,000 6.05 2007 130,000 6.15 2008 205,000 6.20 2013 1,295,000 6.25 The following table sets forth the maturity years and principal amounts of the Bonds issued to carry out the Refunding Plan: Maturity Years Amounts 1993 $ 35,000 1994 25,000 1995 25,000 1996 25,000 1997 30,000 1997 30,000 1998 30,000 1999 660,000 2000 705,000 2001 745,000 Section 8. Except as hereby amended, Ordinances Nos. 2903 and 2904 are ratified and confirmed in all other respects and all actions heretofore taken in furtherance of the purposes of such ordinances or the carrying out of the purchase contracts authorized to be entered into between the City and Seattle - Northwest Securities Corporation are ratified and confirmed in all respects. 0050460.02 -6- Section 9. Effective Date. This ordinance, being an exercise of a power delegated to the City legislative body, is not subject to referendum, and shall take effect five days after its passage and publication. PASSED by the City Council of the City of Edmonds, Washington, at a regular open public meeting thereof and APPROVED by the Mayor this 22nd day of December, 1992. CITY OF EDMONDS, WASHINGTON By Mayor ATTEST: FORM APPROVED: ,, X Bond Counsel FILED WITH THE CITY CLERK: December 18, 1992 PASSED BY THE CITY COUNCIL: December 22, 1992 PUBLISHED: December 25, 1992 EFFECTIVE DATE: December 30, 1992 ORDINANCE NO. 2907 0050460.02 -7- AN 1992, Wafer tions to bi (b) the cc RRefunded (C) the pl age STATE OF WASHINGTON, COUNTY OF SNOHOMISH, 2903 passed on December 8 ssuance and sale of $7,805,006 ding Bonds, 1992 for the purpose bonds of the City; and 2904 passed on December 8 ssuance and sale of 55,785,006 Refunding Bonds, 1993, for the e funds to carry- out a plan or acquisition of certain Improve - and to refund certaIn. other attention of the City Council that de to those ordinances In confor- uncll and the purchase contracts Ind Seattle -Northwest Securities d sale of those bonds as author - CITY OF EO,`MONDS, WASHING - "Refunding Plan" appearing in R No. 2903 should be and hereby on May 1, 7993 aTon the Ithe Or ar, of the Interes4 1 r Refunded Bonds' > and Including December 1, 1998, and, on ,8 the toll, payment and redemption of all of 9h8 Refunded Bonds at par' Of the costs of Issuing the.donds and carrying p Plan. le of Ordinance No. 2904 appearing on the first ince should be and hereby is amended to read :E relating to the combined water and sewer. as ton; and establishing an errective care or mis oraman— Section 3. The eighth recital appearing on.pope Sof Ordinance N6.-2903";'fiould be and hereby is amended to read as follows: WHEREAS, there ore presently outstanding.$2,060,000 princl- al amount of 1988 Bonds maturing on December 1 In the years bearing through 2001, variousvrafesefrom87:30%, toe7.50% per annum; and Section 4.' The fourteenth 'recital appearing on page 6 of OrdI M%%7Ro.2904 should be and hereby Is amended to read os follows: ' I WHEREAS,'ihe City Council has determined It Is necessary I and In the best Interest of the City that there be adopted a plan or system for. certain Improvements of the System, consisting of paying 54.22% of the cost of constructing or acquiring a public works facility being that portion of the focility 10 be used for the System, ana the expansion of the City's share of the capacity of the sewerage treatment plant in Lynnwood, and that the City Issue Its 33,505,000 par value water and sewer revenue bonds for the purpose of paying the cost -of carrying. I out that plan or system; and Section S. The definitions of "1988 Refunded Bbnds" and "1992 B61fdS-SRbearing on page 8 In Section 1 of Ordinance 2904 S hould be in the some and hereby are amended,. respectively, to read as follows: '1988 Bonds" means the outstanding Water and Sewer Revenue Bonds, 1988 of the City issued under date of Septem- ber 1, 1988 pursuant to to No. 2678 maturing up to and i including Becember 1, 1998. 1988 Refunded Bonds" meons the 1988 Bonds mat. on. December 1 of each of the yeors,1999 through -2001, InclusPve. Section 6. Section 2 of Ordinance No. 2904 bbolnnin00 on age it sh15M37B M the some and hereby Is omended•to,reocl:os follows. )f the construction or acquisition: aT a ;s facility, that portion'of which is to be an estimated cost of, $2,055,000 for the I herein, for a total cost otiwAuMuu. 4 of Ordinance No. 2904 beginning on page 13 ' ,a -6 herehv Is amended to.read as follows: 5 of, issuance of the. Bonds ("costs of shall Issue the Bonds in the principal Affidavit of Publication The undersigned, being first duly sworn on oath deposes and says that she is Principal Clerk of THE HERALD, a daily newspaper printed and published in the City of Everett, County of Snohomish, and State of Washington; that said newspaper is a newspaper of general circulation in said County and State; that said newspaper has been approved as a legal newspaper by order of the Superior Court of Snohomish County and that the notice ........................................ G.it.y..of Edmonds ...................................................................................... Ordinance No. 2907 ...................................................................................................................................... a printed copy of which is hereunto attached, was published in said newspaper proper and not in supplement form, in the regular and entire edition of said paper on the following days and times,. namely: December 25, 1992 .................................................................................................................................. .. ...................................................................................................................................... and that said -newspaper was regularly distributed to its subscribers during all of ii period. / rinclpal Clerk Subscribed and sworn to before me this ....... 28th.......... _.. .da of.. .. e ............ I....... crnb.. .......... .:::.../f992.... ............. e%ifi.✓.Y.-.,ti�:�fr:"�✓�', .,.�� ..... . �� • tary Public in nd for.the S'tateVof Was'I It on, residing at Everett, Snohomish County. or and I Or e of 1 1488 ttetuneee bones at par, of the costs of Issuing the Bonds and carrying C Pion. He of Ordinance No. 2904 appearing on the first once should be and hereby Is amended to read ;E relating to the combined wafer and sewer. imprising the waterworks utility of the City; adopting a plan or system for the construction rvements of that waterworks utility; declaring )st thereof as nearly as may'be; providing for 5,785,000 per value Water and Sewer Revenue onds, 1993 for the purpose of providing a part orry out got pion or system for the construc- an a ous rates from 7;30% to 7.50% per Ith 'recital appearing on page 6 of be and hereby Is amended to read as )uncil has determined It Is necessary I that the City Issue Its $3,505,000 par value water and sewer revenue bonds for the purpose of paying the cost of carrying. out that pion or system; and - Section 5. The definitions of "1988 Refunded Bonds" and 111992 Bones -Sllpearing on page 8 in Section 1 of .Ordinance 2904 should be In the some and hereby are amended, respectively, to j read as follows: 1988 Bonds" means the outstanding Water and ewer. Revenue Bonds, 1988, of the City Issued under date of SepfeM. ber 1, 1988 pursuant to Ordinance No. 2678 maturing up fo and I Including december 1, 1998. 1988 Refunded Bonds" means the 1988 Bonds maturing on December 1 of etch of the years 1999 through°2001, Inclusive. I Section 6. Section 2 of Ordinance No. 2904 bbglnninp on age 11 shaUrd'WM the some and hereby Is amended to'read os follows: Section 2. Plan -or System Adopted; The City specifies, odogs a plan or system for the construction or acquisition of Improvementsof the System, consisting ubtle works facilltvntthhat construction of whichit to be used b the ed Into on May 4, 1990, at a cost of $1 450 000, be paid by a portion of the proceeds o/ the herein, for a total cost of 53,505,000. 4 of Ordinance No. 2904 beginning on page 13 1e and hereby is amended to repel as follows: dated January 1, 1993; shall be In the or any Integral multiple thereof within a 1993 and semiannually thereafter on each succeeding Decem- ber S and June 1, and shall mature on December 1 in years and amounts as follows: Maturity Interest Years Amounts - - Rates 1993 130,000 3.00% 1994 125,000 - 3.60 225,000 725,000 925,000 845,000 105,000 135,8pfi. ....140,000 145,000 130,000 130,000 yppg 20.j000 .6.20 2013 ' 1,295,000 6.25 The-foilowI toble'sets'f9rth the maturity years and princl- 'Bonds the Refunding rl amounts of the Plan:: Issued to carry out Maturity . . Years' Amounts : 250 0 .' 1994 .. f. 1996 .., 25 000 ' f 1 �;;.;,_ ^.: q 1997 7.r! 30000 1998 -:f 2000 30,000 7/9056000 745, 00 'Sectlofr 9; �ftectlye Date. This ordinance, being an exercise of d nTFVttyy legislativebody, Isnot sublect to erepdum; an shall take effect flue days after, its passage and Ubllcoiton;z L RASSED.bY the.CfjY CoundPof the CHY'of Edmonds 'Washing- in,.dEa,rg alaropenpublic meeting thereof and APPROVED by ie'//aYofis 22rjil.daY of December 1992. =. CITY: OF EDIAONDS; WASHINGTON NALL, Mayor a printed copy of which is hereunto attached, was published in said newspaper proper and not in supplement form, in the regular and entire edition of said paper on the following days and times, namely: December'25, 1992 .............................................................................................. ...................................................................................................................................... and that said .newspaper was regularly distributed to its subscribers during all of sai� period. l { %:_ .�.r_. .................. ... r>,nclpal Clerr k`" Subscribed and sworn to before me this....... 8 t h --day of.... : ........... )..D ceab ... r.... `�g92 /l �N�tary Public in 'nd fo'r the gat i Was�u gton, residing at Everett Snohomish County.