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Ordinance 2248CITY OF EDMONDS, WASHINGTON ORDINANCE NO. 2248 AN ORDINANCE of the City of Edmonds, Washing- ton, amending Ordinance No. 2111, as amended by Ordinance No. 2153, and amending Ordinance No. 2129; establishing Consolidated Local Improve- ment District No. 206/207 and Consolidated Local Improvement Fund, District No. 206/207; fixing the amount, form, date, interest rates, maturity and denominations of the Consolidated Local Improvement District No. 206/207 Bonds; and ratifying and confirming the sale and providing for the delivery thereof to Grande & Co., Inc., Seattle, Washington. WHEREAS, the City Council of the City has heretofore created Local Improvement Districts Nos. 206 and 207 for various purposes; and WHEREAS, Chapter 44, Laws of the State of Washington, 1967, Ex. Sess. (RCW 35.45.160), authorized the establishment of consoli- dated local improvement districts for the purpose of issuing bonds only and provides that if the governing body of any municipality orders the creation of such consolidated local improvement district, the money received from the installment payment of the principal of and interest on assessments levied within original local improve- ment districts shall be deposited in a consolidated local improve- ment district bond redemption fund to be used to redeem outstanding consolidated local improvement district bonds; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN as follows: Section 1. Section 5 of Ordinance No. 2111 of the City, passed January 15, 1980, as amended by Ordinance No. 2153 passed July 29, 1980, is amended to read as follows: Section 5. Local improvement district warrants shall be issued in payment of the cost and expense of the improvements herein ordered to be assessed, such warrants to be payable out of the "Local Improvement Fund, District No. 206," hereinafter created and referred to as the "Local Improvement Fund," and, until the bonds referred to in this section are issued and delivered to the purchaser thereof, to bear interest from the date thereof at a rate to be hereafter fixed by ordinance and to be redeemed in cash and/or by local improvement district bonds herein authorized to be issued, such interest -bearing warrants to be hereafter referred to as "revenue warrants." The City is authorized to issue local improvement district bonds for the District which shall bear interest at a rate to be hereafter fixed by ordinance, shall be payable on or before a date to be determined later by the City Council, the life of the improvement ordered being not less than the term of the bonds, and shall be issued in exchange for and in redemption of any and all revenue warrants issued hereunder and not redeemed in cash within a period of not to exceed sixty days after the first publication by the City Director of Finance of notice that the assessment roll for Local Improvement District No. 206 is in his hands for collection. The bonds shall be redeemed by the collection of special assessments to be levied and assessed against the property within the District, payable in annual installments, with interest at a rate to be hereafter fixed by ordinance under the mode of "payment by bonds," as defined by law and the ordi- nances of the City. In the case of default in the payment of any assessment when the same shall become due, there shall be added interest and a penalty at a rate to be hereafter fixed by ordinance. The exact form, amount, date, interest rate and denominations of such bonds shall be hereafter fixed by ordinance of the City Council. Such warrants and bonds shall be sold in such manner as the City Council shall hereafter determine. Section 2. Section 5 of Ordinance No. 2129 of the City, passed April 15, 1980, is amended to read as follows: �M Section 5. Local improvement district warrants shall be issued in payment of the cost and expense of the improvements herein ordered to be assessed, such warrants to be payable out of the "Local Improvement Fund, District No. 207," hereinafter created and referred to as the "Local Improvement Fund," and, until the bonds referred to in this section are issued and delivered to the purchaser thereof, to bear interest from the date thereof at a rate to be hereafter fixed by ordinance and to be redeemed in cash and/or by local improvement district bonds herein authorized to be issued, such interest -bearing warrants to be hereafter referred to as "revenue warrants." The City is authorized to issue local improvement district bonds for the District which shall bear interest at a rate to be hereafter fixed by ordinance, shall be payable on or before a date to be determined later by the City Council, the life of the improvement ordered being not less than the term of the bonds, and shall be issued in exchange for and in redemption of any and all revenue warrants issued hereunder and not redeemed in cash within a period of not to exceed sixty days after the first publication by the City Director of Finance of notice that the assessment roll for Local Improvement District No. 207 is in his hands for collection. The bonds shall be redeemed by the collection of special assessments to be levied and asse-sed against the property within the District, payable in annual installments, with interest at a rate to be hereafter fixed by ordinance under the mode of "payment by bonds," as defined by law and the ordi- nances of the City. In the case of default in the payment of any assessment when the same shall become due, there shall be added interest and a penalty at a rate to be hereafter fixed by ordinance. The exact form, amount, date, interest rate and denominations of such bonds shall be hereafter fixed by ordinance of the City - 3 - Council. Such warrants and bonds shall be sold in such manner as the City Council shall hereafter determine. Section 3. For the purpose of issuing bonds only, those local improvement districts of the City of Edmonds, Washington (the "City"), established by the following ordinances, respec- tively, the 30-day period for making cash payment of assessments without interest in each local improvement district having expired in the case of the assessments for each local improvement district, are hereby consolidated into a consolidated local improvement dis- trict to be known and designated as "Consolidated Local Improvement District No. 206/207": Local Improvement District No. 206 207 Created by Ordinance No. 2111, as amended 2129, as amended Section 4. There is hereby created and established in the office of the City Director of Finance for Consolidated Local Improvement District No. 206/207 a special consolidated local improvement district fund to be known and designated as "Consoli- dated Local Improvement Fund, District No. 206/207" (hereinafter called the "Bond Fund"). All money presently on hand representing collections pertaining to installments of assessments, and interest thereon, in each of the local improvement districts listed in Section 3 shall be transferred to and deposited in the Bond Fund and all collections pertaining to assessments on the assessment rolls of those local improvement districts when hereafter received shall be deposited in the Bond Fund to be issued to redeem out- standing Consolidated Local Improvement District No. 206/207 bonds. Section 5. "Consolidated Local Improvement District No. 206/207 Bonds" (the "Bonds") shall be issued in the total principal sum of $333,990.44, being the total amount on the assessment rolls of Local Improvement Districts No. 206 and 207 remaining uncollected - 4 - after the expiration of the 30-day interest -free prepayment period. Bond No. 1 shall be in the denomination of $3,990.44, and the remaining Bonds numbered 2 to 67, inclusive, shall be in the denomination of $5,000 each. The Bonds shall all be dated November 15, 1981, and shall bear interest at the rates set forth below payable annually beginning November 15, 1982, interest to maturity to be evidenced by coupons attached to the Bonds. The Bonds shall bear interest and mature on November 15 of each year in accordance with the following schedule: Bond Numbers Interest Maturity (Inclusive) Amounts Rates Years 1 to 4 $ 18,990.44 15.00% 1982 5 to 8 20,000.00 15.00% 1983 9 to 11 15,000.00 14.375% 1984 12 to 14 15,000.00 14.375% 1985 15 to 17 15,000.00 14.375% 1986 18 to 20 15,000.00 14.375% 1987 21 to 23 15,000.00 14.375% 1988 24 to 26 15,000.00 14.375% 1989 27 to 28 10,000.00 14.625% 1990 29 to 30 10,000.00 14.625% 1991 31 to 32 10,000.00 14.625% 1992 33 to 34 10,000.00 14.875% 1993 35 to 36 10,000.00 14.875% 1994 37 to 38 10,000.00 14.875% 1995 39 to 40 10,000.00 14.875% 1996 41 to 67 135,000.00 15.25% 2008 Bonds numbered 1 through 40, inclusive, maturing November 15, 1982, though November 15, 1996, shall be issued without the right or option of the City to redeem the same prior to their respective maturity dates. The City reserves the right to redeem prior to their states maturity date Bonds numbered 41 through 67, inclusive, maturing November 15, 2008, on November 15, 1985, or on any interest payment date thereafter, in numerical order, lowest numbers first, at par plus accrued interest, by publishing notice of such call once in the official newspaper of the City or, if there is no official newspaper of the City, then in a newspaper of general circulation in the City, not less than 10 nor more than 20 days - 5 - prior to the call date, and by mailing a copy of such notice within the same period to the main office of Grande & Co., Inc. in Seattle, Washington, and upon such date the interest on Bonds so called shall cease and each and every coupon representing interest not accrued on such date shall be void. 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 Director of Finance of the City or, at the option of the holders of the Bonds, at either fiscal agency of the State of Washington in Seattle, Washington, or New York, New York. Section 6. The Bonds and coupons shall be printed or lithographed on engraved paper in a form consistent with this ordinance and state law. The Bonds shall be signed by the fac- simile signature of the Mayor, attested by the manual signature of the City Clerk, shall have a facsimile reproduction of the seal of the City printed thereon and the coupons shall bear the facsimile signatures of the Mayor and the City Clerk. Section 7. Grande & Co., Inc. of Seattle, Washington, has submitted an offer to purchase all of the Bonds at a price of par, plus accrued interest from the date of the Bonds to the date of their delivery to the purchaser, the City to furnish the printed Bonds and the approving legal opinion of Roberts & Shefelman (Roberts, Shefelman, Lawrence, Gay & Moch), municipal bond counsel of Seattle, Washington, at the City's expense. Bond counsel shall not be required to review nor express any opinion concerning the completeness or accuracy of any official statement, offering circular or other sales material issued or used in connection with the Bonds, and bond counsel's opinion shall so state. The City Council, deeming that it was in the best interest of the City that such offer be accepted, accepted the same on October 27, 1981, and such acceptance is hereby ratified and confirmed. The Bonds shall, therefore, immediately upon their execution, be delivered to Grande & Co., Inc., Seattle, Washington, upon payment therefor in accordance with such offer. Section 8. This ordinance shall take effect from and after its passage and five (5) days following its publication as required by 1 aw. . PASSED by the City Council and APPROVED by the Mayor of the City of Edmonds, Washington, at a regular open public meeting thereof, on the loth day of November, 1981. Mayor ATTEST: itf Clerk APPROVED AS TO FORM: City Attorney FILED WITH THE CITY CLERK: November 6, 1981 PASSED BY THE CITY COUNCIL: November 10, 1981 POSTED: November 12, 1981 EFFECTIVE DATE: November 17, 1981 — 7 — JACQUELINE G. PARRETT Deputy I, 3-RSNE-BARN-E-*-MQRAN, )City Clerk of the City of Edmonds, Washington, hereby certify that the attached copy of Ordinance No. o?A 4,? is a true and correct copy of the original ordinance passed on the loth day of November, 1981, as that ordinance appears on the Minute Book of the City. DATED this /Z., day of November, 1981. N' h9u a City Clerk JG21A17 AFFIDAVIT OF POSTING ORDINANCE STATE OF WASHINGTON ) ) ss: COUNTY OF SNOHOMISH ) Jacqueline G. Parrett , being first duly sworn on oath deposes and says that s he is over the age of eighteen (18) years and is competent to testify as to the matter stated herein. There is no official newspaper or other newspaper printed and published within the City. In accordance with RCW 35A.12.160, on the 12th day of November _, 1981, affiant posted true and correct copies of the attached Ordinance No. 2248, passed by the City Council on the loth day of November , 19 81, at the official posting places for City notices which are the public bulletin boards at the following locations: Edmonds Civic Center 250 Fifth Avenue North Edmonds, Washington 98020 Edmonds Public Library Civic Center, 250 Fifth Avenue North Edmonds, Washington 98020 Edmonds Branch of United States Post Office 201 Main Street Edmonds, Washington 98020 DATED this 13thday of November 1981 . SUBSCRIBED AND SWORN to before me this 13th day of NO rev -1I ' NtC-tary Pu c" in an r the State of �gto ing at i��/