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Ordinance 1660t?g p - j - 9 CITY OF EDMONDS, WASHINGTON ORDINANCE NO, 1660 AN ORDINANCE of the City of Edmonds, Washington, providing for the acquisition of certain parcels of real estate located at 200 Railroad Avenue in the City of Edmonds, Wash- ington, including the three buildings presently located there- on and the demolition of one building and the remodeling and improving of the other two buildings for a Senior Citizens' Cen- ter; declaring the estimated cost as near as may be; providing for the issuance and sale of $162, 000.00 par value of "General Obligation Bonds, 1973, " of the City to pay a part of the cost thereof and the remaining cost of the construction, installation and equipping of a swimming pool in the Yost Me- morial Park in the City of Edmonds, Washington, as authorized by Ordinance No. 1557; specifying the maturities and fixing "the form and maximum effective interest rate of such bonds; establishing a "General Obligation Bond Fund, 1973" and pro- viding for the sale of such bonds; WHEREAS, the City is in urgent need of acquiring two parcels of land consisting of approximately 1.49 acres of uplands and 1.21 acres of tidelands owned by Wilford B. Nelson and Thelma P. Nelson, his wife, and Stuart D. Nelson and Doris L. Nelson, his wife, and located at 200 Railroad Avenue, in the City of Ed- monds, Washington, including the three buildings located thereon and of demolishing one of such buildings and remodeling and improving the remaining two buildings as a Senior Citizens' Center, and the City does not have available sufficient funds to meet the total estimated cost thereof; and WHEREAS, pursuant to Ordinance No. 1557, passed by the City Council and approved by the Mayor on May 18, 1971, the City provided for the construction, installation and equipping of an uncovered swimming pool with all necessary appurte- nances, in the Yost Memorial Park in the City of Edmonds, Washington, and issued and sold $250, 000.00 par value of "General Obligations Bonds, 1971" of the City, to pay the cost thereof and, due to unforeseen circumstances, the proceeds from the sale of such bonds were insufficient to pay all of the cost of such swimming pool, and the City is in urgent need of an additional $62, 000.00 to pay the cost of completing such swimming pool; and WHEREAS, the assessed valuation of the taxable property of the City of Edmonds as ascertained by the last assessment for City purposes for the calendar year 1973 is $103,741,549.00 and at the time of the passage of this ordinance the existing outstanding general indebtedness consists of $638, 000.00 par value of general obligation bonds, of which $380, 000.00 par value represents general ob- ligation bonds issued within the limit up to currently 2-1/2% of the value of the taxable property within the City permitted pursuant to a vote of the electors within the City for general municipal capital purposes and $258, 000.00 par value re- presents general obligation bonds issued within the limit up to currently 3/4ths of 1% of the value of the taxable property within the City permitted without a vote of the electors within the City for general municipal purposes, and the amount of in- debtedness for which bonds are hereby authorized to be issued is $162,000.00; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN, as follows: Section 1. The City of Edmonds, Washington, shall acquire two par- cels of land consisting of approximately 1.49 acres of uplands and 1.21 acres of tidelands owned by Wilford B. Nelson and Thelma P. Nelson, his wife, and Stuart D. Nelson and Doris L. Nelson, his wife, and located at 200 Railroad Avenue, in the City of Edmonds, Washington, including the three buildings located thereon and shall demolish one of such buildings and remodel and improve the remaining two buildings as a Senior Citizens' Center. Section 2. The estimated cost of the foregoing, including the cost of the issuance of general obligation bonds herein authorized, is hereby declared to be, as near as may be, the sum of $430,000.00, of which it is anticipated $330,000.00 will be provided by grants from the United States Department of Housing and Urban Devel- opment. The City shall borrow money on the credit of the City and issue negotiable general obligation bonds evidencing such indebtedness in the amount of $100,000.00 to obtain funds to pay the balance of such cost and in the amount of $62, 000.00 to obtain funds to pay the remaining costs of completing the construction and installa- tion of the swimming pool in the Yost Memorial Park as authorized by Ordinance No. 1557, such $100, 000.00 and $62, 000.00 of bonds to be combined into a single issue of $162, 000.00 par value of bonds. Such general indebtedness to be incurred shall be within the limit of up to 3/4 of 1% of the value of the taxable property within the City permitted for general municipal purposes without a vote of the qualified voters therein. -2- Section 3. The bonds shall be called "General Obligation Bonds, 1973," of the City of Edmonds, Washington, shall be dated June 1, 1973, shall be in deno- minations of $5, 000.00 each, except for Bond No. 1, which shall be in the denomina- tion of $2, 000.010, shall be numbered from 1 to 33, inclusive, and shall bear in- terest at an effective rate not to exceed 8% per annum, payable semiannually on June 1 and December 1 of each year, as evidenced by coupons attached to the bonds representing interest to maturity with full obligation on the part of the City to pay interest at the bond rate, from and after maturity, until the bonds, both principal and interest, are paid in full. Both principal and interest are to be paid in lawful money of the United ,States of America at the office of the City Treasurer of Edmonds, Washington. The bonds shall mature serially in order of their numbers on June 1 in the years and amounts as follows: Bond Numbers (Inclusive) Amounts Maturities 1 to 3 $12,000 June 1, 1975 4 to 5 10,000 June 1, 1976 6 to 7 10,000 June 1, 1977 8 to 9 10,000 June 1, 1978 10 to 11 10,000 June 1, 1979 12 to 13 10,000 June 1, 1980 14 to 15 10,000 June 1, 1981 16 to 17 10,000 June 1, 1982 18 to 19 10,000 June 1, 1983 20 to 21 10,000 June 1, 1984 22 to 24 15,000 June 1, 1985 25 to 27 15,000 June 1, 1986 28 to 30 15,000 June 1, 1987 31 to 33 15,000 June 1, 1988 Section 4. The City of Edmonds reserves the right to redeem any or all of the outstanding bonds of this issue at par, plus accrued *interest, on any semiannual interest payment date, on or after June 1, 1981, in inverse numerical order, high- est numbers first, by publishing notice of such intended redemption in the official newspaper of the City at least once not less than thirty nor more than forty-five days prior to the call date, and by mailing a copy of such notice within the same period to the principal underwriter who purchases the bonds. In addition, such redemption notices shall also be sent to Moody's Investors Service, Inc. , and Standard & Poor's Corporation, at their offices in New York, New York, but the mailing of such notice to such corporations shall not be a condition precedent to the redemption of such bonds. Interest on any bonds so called for redemption shall cease on such -3- call date'upon payment of the redemption price into the bond redemption fund for such bonds. Section 5 . The City of Edmonds hereby irrevocably pledges itself to levy taxes annually, within the constitutional and statutory tax limitations provided by law, upon all property in the City subject to taxation in an amount sufficient to pay the principal of and interest on the bonds as the same shall accrue, and the full faith, credit and resources of the City are hereby irrevocably pledged for the pay- ment of the principal of and interest on such bonds. Section 6. The bonds shall be substantially in the following form: No. $5,000.00 ($2, 000.00 on Bond No. 1) UNITED STATES OF AMERICA STATE OF WASHINGTON CITY OF EDMONDS GENERAL OBLIGATION BOND, 1973 ° KNOW ALL MEN BY THESE PRESENTS: That the City of Edmonds, Washington, is justly indebted to and for value receiver-:d '�ereby pro- mises to pay to bearer on the FIRST DAY of JUNE, 19 , the sum of FIVE THOUSAND DOLLARS (TWO THOUSAND DOLLARS on Bond No. 1) together with interest thereon at the rate of PERCENT %} per annum, payable semiannually on June 1 and December 1 of each year, interest to maturity being evidenced by and payable upon the presentation and surrender of the attached interest coupons as they severally become due, with full obligation on the part of the City to pay interest at the same rate from and after the maturity date, in the absence of coupons, until this bond with interest is paid in full. The bond is payable, both principal and interest, in lawful money of the United States of America at the office of the City Treasurer of the City of Edmonds, Washington. This bond is one of a total issue of $162,000.00 par value of bonds, all of like date, tenor and effect, except as to denominations, maturities (and interest rates if more than one interest rate is bid) , issued by the City of Edmonds for general municipal purposes, to -wit, for the purpose of providing funds for the acquisition of certain parcels of real estate located at 200 Railroad Avenue in the City of Edmonds, Washington, including the three buildings presently located thereon and the demolition of one building and the remodeling and improving of the other two buildings for a Senior Citizens' Center and to pay the remaining cost of the construction, installation and equipping of a swimming pool in the Yost Memorial Park in the City of Edmonds, Washington, as authorized by Ordinance No. 1557, and issued in full compliance with the ordinances of the City of Edmonds and the laws and constitution of the State of Washington. The City of Edmonds reserves the right to redeem any or all of the outstanding bonds of this issue at par, plus accrued interest, on any semiannual interest payment date, on or after June 1, 1981, in inverse numerical order, highest numbers first, by publishing notice of such intended redemption in the official newspaper of the City at least once not less than thirty nor more than forty-five days prior to the call date, and by mailing a copy of such notice within the same period to [the original purchaser or the account manager of the underwriters who pur- chase the bonds] . In addition, such redemption notices shall also be sent to Moody's Investors Service, Inc., and Standard & Poor's Corporation, at their offices in New York, New York, but the mailing of such notices to such corporations shall not be a condition precedent to the redemption of such bonds. Interest on any bonds so called for redemption shall cease on such call adate upon, payment of the redemption price into the bond redemp- tion fund. The City of Edmonds hereby irrevocably pledges itself to levy taxes annually, within the constitutional and statutory tax limitations provided by law, upon all property in the City sub- ject -to taxation in an amount sufficient to pay the principal of and interest on the bonds of this issue as the same shall accrue, and the full faith, credit and resources of the City are hereby irrevocably pledged for the payment of the principal of and interest on said bonds. It is hereby certified that all acts, conditions and things required to be done precedent to and in the issuance of this bond have been done, have happened and have been performed as re- quired by law, and that the total indebtedness of the City, in- cluding this bond issue, does not exceed any constitutional or statutory limitations. IN WITNESS WHEREOF, the City of Edmonds, Washington, has caused this bond to be signed by the facsimile signature of its Mayor and attested by the manual signature of its City Clerk, and its corporate seal to be hereto affixed and the. interest coupons attached to be signed with the facsimile signatures of those officials this first day of June, 1973. ATTEST: City Clerk CITY OF EDMONDS, WASHINGTON By ffa_csim_ile siana_ ture) Mayor The form of the interest coupons shall be substantially as follows: Coupon No. On the FIRST DAY OF (JUNE) (DECEMBER), 19 , the CITY OF EDMONDS, WASHINGTON, upon presentation and surrender of this -5- coupon, will pay to the bearer at the office of the City Treasu- rer the sum shown hereon in lawful money of the United States of America, said sum being the semiannual interest due that date upon its "General Obligation Bond, 1973, " dated June 1, 1973, and numbered CITY OF EDMONDS, WASHINGTON By (facsimile signature) Mayor ATTEST: (facsimile signature)_ City Clerk Section 7. The bonds shall be printed or lithographed on good bond paper arid. :shalLbe signed -by -Vie, facsimile .signature, of the Mayor and attested by the manual signature of the City Clerk of the City of Edmonds, Washington, under the seal of the City and the coupons shall bear the facsimile signatures of the Mayor and the City Clerk. Section 8. There is hereby created and established in the office of the City Treasurer a special fund to be known and designated as the "General Obliga- tion Bond Fund, 1973, " of the City. The accrued interest received, if any, shall be paid into the "General Obligation Bond Fund, 1973, " and $62, 000.00 of the principal proceeds received from the sale of the bonds shall be paid into the "Swimming Pool Fund" of the City of Edmonds, created and established in the office of the City Treasurer by Ordinance No. 1557, and the balance of the principal proceeds received from the sale of the bonds shall be paid into the Senior Center Const. Fund of the City of Edmonds, Washington. Section 9. The bonds shall be sold for cash at public sale for not less than par, plus accrued interest, upon sealed bids to be received at the office of the Pity Clerk, up to the day and hour stated in the Notice of Bond Sale hereinafter directed to be given. Notice calling for bids to purchase such bonds shall be published once a week for four consecutive weeks in the official newspaper of the City of Edmonds and such notice shall also be published once in the Daily journal of Commerce of Seattle, Washington, at least ten days before the bid opening date. Such notice shall specify that bids for purchase of the bonds shall be received by the City Clerk of the City of Edmonds at the Council Chambers of the City Hall of the City on June 12, 1973, up to 7:00 o'clock p.m. (PDST), at which time all bids will be publicly opened for the purchase of the bonds. A copy of the Notice shall, at least three weeks prior to the date fixed for the sale, be mailed to the State Finance Committee, Olympia, Washington. Bids shall be invited for the purchase of the bonds with fixed maturities in accordance with the schedule specified in Section 3 of this ordinance. The Notice shall specify the maximum effective rate of interest the bonds shall bear, to -wit, 8% per annum, and shall require bidders to submit a bid specifying: (a) The lowest rate or rates of interest and premium, if any, above par at which the bidder will purchase the bonds; or (b) The lowest rate or rates of interest at which the bidder will purchase the bonds at par. For zthe purpose of evaluating bids only, the coupons rates bid being con- trolling, each bid shall state the total interest cost over the life of the bonds and the net effective interest rate of such bid. Coupon rates shall be in multiples of 1/8 or 1/10 of 1%, or both. No more than one rate of interest may be fixed for any one maturity. Only one coupon will be attached to each bond for each installment of interest thereon, and bids providing for additional or supplemental coupons will be rejected. The maximum differential between the lowest and highest coupon rates named in any bid shall not exceed 2% . The bonds shall be sold to the bidder making the best bid, subject to the right of the City Council of the City of Edmonds to reject any and all bids and to readvertise the bonds for sale in the manner provided by law, and no bid for less than all of the bonds shall be considered. All bids shall be sealed and, except the bid of the State of Washington, if one is received, shall be accompanied by a deposit of $8,100.00. The deposit shall be either cash or by certified or cashier's check made payable to the City Treasurer of the City of Edmonds, and shall be promptly returned if the bid is not accepted. If the bonds are ready for delivery and the successful bidder shall fail and neglect to complete the purchase of the bonds within forty days following the acceptance of his bid, the amount of his deposit shall be forfeited to the City of Edmonds and in that event the City Council may accept the bid of the one making the -7- next best bid. If there be two or more equal bids for the bonds for not less than par plus accrued interest and such bids are the best bids received, the City Council shall determine by lot which bid will be accepted. The bonds will be delivered to the successful bidder at the office of the City Treasurer of the City of Edmonds or in the City of Seattle at the City's expense, or at such other place as the City Treasurer and the successful bidder may mutually agree upon at the purchaser's expense. A no -litigation certificate in the usual form will be included in the closing papers. Any bid presented after the hour specified for the receipt of bids will not be received and any _bid not accompanied by the required bid. deposit at the time of opening such bid will not be read or considered. The City Clerk of the City of Edmonds shall be and is hereby authorized and directed to publish Notice for the purchase of the bonds in the manner required by law in accordance with the provisions of this section. Such Notice shall provide that the City of. Edmonds will cause the bonds to be printed and lithographed and signed and will furnish the approving legal opinion of Messrs. Roberts, Shefelman, Law- rence, Gay & Moch, municipal bond counsel of Seattle, Washington, covering the bonds without cost to the purchaser, said opinion also being printed on each bond. Such Notice shall also provide that further information regarding the details of such bonds and financial and other data with reference to the City of Edmonds will be found in an Official Statement which may be obtained upon request made to the City Clerk, or made to Seattle -Northwest Securities Corporation, Logan Building, Seattle, Washington 98101, the City's financial consultants. PASSED by the City Council of the City of Edmonds, Washington, at a regular meeting thereof,. andAPPROVED by the Mayor this 15t-hday of May, 1973. H. H. HARRISON Mayor ATTEST: IRENE VARNEY MORAN City Clerk FORM APP OWED: City Attorney 1