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Ordinance 2822CITY OF EDMONDS, WASHINGTON ORDINANCE NO. 2822 AN ORDINANCE of the City of Edmonds, Washington, relating to contracting indebtedness; providing for the issuance of $2,425,000 par value of Limited Tax General Obligation Refunding Bonds, 1991, of the City to provide funds with which to pay part of the cost of paying and redeeming the City's outstanding Limited Tax General Obligation Bonds, 1980; fixing the date, form, maturities, interest rates, terms and covenants of the bonds; establishing a bond redemption fund and a refunding fund; and approving the sale and providing for the delivery of the bonds to Dain Bosworth Incorporated of Seattle, Washington. WHEREAS, the City of Edmonds, Washington (the "City"), by Ordinance No. 2150 passed on June 16, 1980, provided for the issuance and sale of $3,400,000 par value Limited Tax General Obligation Bonds, 1980 (the 111980 Bonds"), and by that ordinance reserved the right to redeem the 1980 Bonds on September 1, 1990, or on any semiannual interest payment date thereafter, at par plus accrued interest; and WHEREAS, the City presently has outstanding $2,375,000 principal amount of the 1980 Bonds maturing on September 1 of each of the years 1991 through 2000, inclusive, and bearing various interest rates from 7.75% to 9.375% (the 111980 Refunded Bonds"); and WHEREAS, after due consideration, it appears to the City Council that the outstanding 1980 Bonds may be refunded by the issuance and sale of the limited tax general obligation refunding bonds authorized herein (the "Bonds") so that /a substantial saving will be effected by the difference between the principal and interest costs over the life of the Bonds and the principal and interest costs over the life of the outstanding 1980 Bonds but for such refunding, which refunding will be effected by: (a) The issuance of the bonds; and (b) The call payment and redemption on March 1, 1991, of all of the outstanding 1980 Bonds at a price of par plus accrued interest; and WHEREAS, in order to effect that refunding in the manner that will be most advantageous to the City and its taxpayers it is found necessary and advisable that certain direct obligations of the United States of America bearing interest and maturing at such time as necessary to accomplish the refunding as aforesaid be purchased out of the proceeds of the sale of the Bonds authorized herein; and WHEREAS, Dain Bosworth, Incorporated, has offered to purchase those bonds under the terms and conditions hereinafter set forth in the form of a purchase contract; NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN as follows: Section 1. Debt Capacity. The assessed valuation of the taxable property within the City as ascertained by the last preceding assessment for City purposes for the calendar year 1991 is $1,395,797,927, and the City has outstanding general -2- indebtedness evidenced by limited tax general obligation bonds in the principal amount of $2,375,000, irrevocable provision for the payment and redemption of which is made herein, incurred 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 and no unlimited tax general obligation bonds issued pursuant to a vote of the qualified voters of the City, and the amount of indebtedness for which bonds are authorized herein to be issued is $2,425,000. Section 2. Authorization of Bonds. The City shall borrow money on the credit of the City and issue negotiable limited tax general obligation bonds evidencing that indebtedness in the amount of $2,425,000 for general City purposes to provide the funds to pay part of the cost of paying, both principal and interest, and redeeming on March 1, 1991, all of the outstanding 1980 Bonds at a price of par (the "Refunding Plan") and to pay the costs of issuance and sale of the Bonds (the "costs of issuance"). The 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. Section 3. D;crigtion of Bonds. The bonds shall be called Limited Tax General Obligation Refunding Bonds, 1991, of the City (the "Bonds"); shall be in the aggregate principal me]: amount of $2,425,000; shall be dated February 1, 1991; 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; 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 September 1, 1991, and semiannually thereafter on each succeeding March 1 and September 1; and shall bear interest at the rates and mature on September 1 in years and amounts as follows: Maturity Interest Years Amount Rates 1991 $160,000 5.00% 1992 200,000 5.25 1993 210,000 5.50 1994 220,000 5.75 1995 235,000 5.95 1996 250,000 6.05 1997 265,000 6.15 1998 275,000 6.25 1999 295,000 6.35 2000 315,000 6.45 Section 4. Registration and Transfer f Bones. The Bonds shall be issued only in registered form as to both principal and interest and recorded on books or records maintained by the Bond Registrar (the "Bond Register"). The Bond Register shall contain the name and mailing address of the -4- owner of each Bond and the principal amount and number of each of the Bonds held by each owner. Bonds surrendered to the Bond Registrar may be exchanged for Bonds in any authorized denomination of an equal aggregate principal amount and of the same interest rate and maturity. Bonds may be transferred only if endorsed in the manner provided thereon and surrendered to the Bond Registrar. Any exchange or transfer shall be without cost to the owner or transferee. The Bond Registrar shall not be obligated to exchange or transfer any Bond during the fifteen days preceding any principal payment or redemption date. Section 5. Payment of Bonds. Both principal of and interest on the Bonds shall be payable in lawful money of the United States of America. Interest on the Bonds shall be paid by checks or drafts mailed on the interest payment date to the registered owners at the addresses appearing on the Bond Register on the fifteenth day of the month preceding the interest payment date. Principal of the Bonds shall be payable upon presentation and surrender of the Bonds by the registered owners at either of the principal offices of the Bond Registrar at the option of the owners. Section 6. t-tional Redemption P h Bonds. Bonds maturing in the years 1991 through 1995, inclusive, shall be issued without the right or option of the City to redeem those Bonds prior to their stated maturity Q•M dates. The City reserves the right and option to redeem Bonds maturing on or after September 1, 1996, prior to their stated maturity dates, as a whole, or in part within one or more maturities selected by the City (and by lot within a maturity in such manner as the Bond Registrar shall determine), on March 1, 1996, or on any interest payment date thereafter, at par plus accrued interest to the date fixed for redemption. Portions of the principal amount of any Bond, in installments of $5,000 or any integral multiple thereof, may be redeemed. If less than all of the principal amount of any Bond is redeemed, upon surrender of that Bond at either of the principal offices of the Bond Registrar, there shall be issued to the registered owner, without charge therefor, a new Bond (or Bonds, at the option of the registered owner) of the same maturity and interest rate in any of the denominations authorized by this ordinance in the aggregate principal amount remaining unredeemed. The City further reserves the right and option to purchase any or all of the Bonds in the open market at any time at a price not in excess of par plus accrued interest to the date of purchase. All Bonds purchased or redeemed under this section shall be cancelled. Section 7. Notice of R demption. The City shall cause notice of any intended redemption of Bonds to be given not less than 30 nor more than 60 days prior to the date fixed for redemption by first-class mail, postage prepaid, to the registered owner of any Bond to be redeemed at the address appearing on the Bond Register at the time the Bond Registrar prepares the notice, and the requirements of this sentence shall be deemed to have been fulfilled when notice has been mailed as so provided, whether or not it is actually received by the owner of any Bond. Interest on Bonds called for redemption shall cease to accrue on the date fixed for redemption unless the Bond or Bonds called are not redeemed when presented pursuant to the call. In addition, the redemption notice shall be mailed within the same period, postage prepaid, to Moody's Investors Service, Inc., and Standard & Poor's Corporation at their offices in New York, New York, or their successors, to Dain Bosworth Incorporated, at its principal office in Seattle, Washington, or its successor, and to such other persons and with such additional information as the City Finance Director shall determine, but these additional mailings shall not be a condition precedent to the redemption of Bonds. Section Ja. Failure to Redeem Bonds. If any Bond is not redeemed when properly presented at its maturity or call date, the City shall be obligated to pay interest on that Bond at the same rate provided in the Bond from and after its maturity or call date until that Bond, both principal and interest, is paid in full or until sufficient money for its payment in full is on -7- deposit in the bond redemption fund hereinafter created and the Bond has been called for payment by giving notice of that call to the registered owner of each of those unpaid Bonds. Section _ 1. P_l._e Q Q Tax -es. For as long as any of the Bonds are outstanding, the City irrevocably pledges to include in its budget and levy taxes annually within the constitutional and statutory tax limitations provided by law without a vote of the electors of the City on all of the taxable property within the City in an amount sufficient, together with other money legally available and to be used therefor, to pay when due the principal of and interest on the Bonds, and the full faith, credit and resources of the City are pledged irrevocably for the annual levy and collection of those taxes and the prompt payment of that principal and interest. 5ecti4�1�.. Form and Execution of Bids. The Bonds shall be printed or lithographed on good bond paper in a form consistent with the provisions of this ordinance and state law, shall be signed by the Mayor and City Clerk, either or both of whose signatures may be manual or in facsimile, and the seal of the City or a facsimile reproduction thereof shall be impressed or printed thereon. Only Bonds bearing a Certificate of Authentication in the following form, manually signed by the Bond Registrar, shall be valid or obligatory for any purpose or entitled to the benefits of this ordinance: ME CERTIFICATE OF AUTHENTICATION This bond is one of the fully registered City of Edmonds, Washington, Limited Tax General Obligation Refunding Bonds, 1991, described in the Bond Ordinance. WASHINGTON STATE FISCAL AGENCY Bond Registrar By -- Authorized Officer The authorized signing of a Certificate of Authentication shall be conclusive evidence that the Bonds so authenticated have been duly executed, authenticated and delivered and are entitled to the benefits of this ordinance. If any officer whose facsimile signature appears on the Bonds ceases to be an officer of the City authorized to sign bonds before the Bonds bearing his or her facsimile signature are authenticated or delivered by the Bond Registrar or issued by the City, those Bonds nevertheless may be authenticated, delivered and issued and, when authenticated, issued and delivered, shall be as binding on the City as though that person had continued to be an officer of the City authorized to sign bonds. Any Bond also may be signed on behalf of the City by any person who, on the actual date of signing of the Bond, is an officer of the City authorized to sign bonds, although he or she did not hold the required office on the date of issuance of the Bonds. Section 11. Bond Registrar. The Bond Registrar shall keep, or cause to be kept, at its principal corporate trust ME office, sufficient books for the registration and transfer of the Bonds which shall be open to inspection by the City at all times. The Bond Registrar is authorized, on behalf of the City, to authenticate and deliver Bonds transferred or exchanged in accordance with the provisions of the Bonds and this ordinance, to serve as the City's paying agent for the Bonds and to carry out all of the Bond Registrar's powers and duties under this ordinance and City Ordinance No. 2451 establishing a system of registration for the City's bonds and obligations. The Bond Registrar shall be responsible for its representations contained in the Bond Registrar's Certificate of Authentication on the Bonds. The Bond Registrar may become the owner of Bonds with the same rights it would have if it were not the Bond Registrar and, to the extent permitted by law, may act as depository for and permit any of its officers or directors to act as members of, or in any other capacity with respect to, any committee formed to protect the rights of Bond owners. Section1.2. BQnd Fund; Retunding_F n . There is created in the Office of the Finance Director of the City a special fund to be known as the Limited Tax General Obligation Refunding Bond Fund, 1991, into which fund shall be deposited any accrued interest received from the sale and delivery of the Bonds. There also is created in the Office of the Finance Director of the City a special fund to be known and designated as the Refunding Fund, into which fund shall be deposited the proceeds -10- of the issuance and sale of the Bonds to pay part of the cost of carrying out the Refunding Plan and to pay the cost of issuance and sale of the Bonds. Section U. The efunding. Immediately on receipt of the proceeds of the Bonds, the Finance Director of the City is authorized and directed to purchase direct obligations of the United States of America (the "Acquired Obligations"). The Acquired Obligations and any cash remaining on deposit in the Refunding Fund after the purchase of those obligations and the payment of the costs of issuance shall be held in trust for the benefit of the holders of the 1980 Bonds. The principal of and interest on those Acquired Obligations at maturity and any cash on deposit in the Refunding Fund shall be used for the payment, both principal and interest, and redemption of the 1980 Bonds on March 1, 1991, and Dain Bosworth Incorporated shall provide a certificate confirming that such proceeds of the Acquired Obligations, if paid when due, and cash on deposit in the Refunding Fund will be sufficient to carry out the Refunding Plan. Any money remaining on deposit in the Refunding Fund after making the payments required to be made by the Refunding Plan shall be transferred to the General Fund of the City and used for any lawful City purpose. The City reserves the right to substitute other direct, noncallable obligations of the United States of America ("Government Obligations") for any of the Acquired Obligations -11- and to use any savings created thereby for any lawful City purpose if such substitution shall not impair the timely payment of the amounts required to be paid by the Refunding Plan as so verified by Dain Bosworth Incorporated. Any surplus money resulting from the sale, transfer, other disposition or redemption of the Acquired Obligations and the substitutions therefor shall be released from the trust estate and transferred to the City to be used for any lawful City purpose. Section 14. Call f r Redemption Qf the OutsLanding1980 Bonds. The City calls for redemption on March 1, 1991, all of the outstanding 1980 Bonds at par plus accrued interest. Such call for redemption shall be irrevocable after the delivery of the Bonds to the initial purchaser thereof. The proper City officials are authorized and directed to give or cause to be given such notices as required, at the times and in the manner required, pursuant to Ordinance No. 2150 in order to effect the redemption prior to their maturity of the 1980 Bonds. Section 15. Findings with Respect tg Refunding. The City Council finds and determines that the issuance and sale of the Bonds at this time will effect a saving to the City and its taxpayers and is in the best interest of the City and in the public interest. In making such finding and determination, the City Council has given consideration to the fixed maturities of the Bonds and the 1980 Bonds, the costs of issuance of the Bonds -12- and the known earned income from the investment of the proceeds of the issuance and sale of the Bonds and other money of the City used in the Refunding Plan pending payment and redemption of the 1980 Bonds. The City Council further finds and determines that the money to be deposited in the Refunding Fund for the 1980 Bonds in accordance with Sections 12 and 13 of this ordinance will discharge and satisfy the obligations of the City under Ordinance No. 2150 with respect to the 1980 Bonds, and the pledges, charges, trusts, covenants and agreements of the City therein made or provided for as to the 1980 Bonds and that the 1980 Bonds no longer shall be deemed to be outstanding under such ordinance immediately upon the deposit of such money in the Refunding Fund. Section 16. Preservation of TaxExemrpti.on for Interest on Bonds. The City covenants that it will take all actions necessary to prevent interest on the Bonds from being included in gross income for federal income tax purposes, and it will neither take any action nor make or permit any use of proceeds of the Bonds or other funds of the City treated as proceeds of the Bonds at any time during the term of the Bonds which will cause interest on the Bonds to be included in gross income for federal income tax purposes. The City certifies that it has not been notified of any listing or proposed listing by the Internal Revenue Service to the effect that it is a bond issuer whose arbitrage certifications may not be relied upon. -13- SectionL7. -mall Governmental Issuer Arbitrage Rebate Exemption and Designation Qf Bond "Qualified Tax -Exempt Obligation ." The City finds and declares that (a) it is a duly organized and existing governmental unit of the State of Washington and has general taxing power; (b) no Bond which is part of this issue of Bonds is a "private activity bond" within the meaning of Section 141 of the United States Internal Revenue Code of 1986, as amended (the "Code"); (c) at least 95% of the net proceeds of the Bonds will be used for local governmental activities of the City (or of a governmental unit the jurisdiction of which is entirely within the jurisdiction of the City); (d) the aggregate face amount of all tax-exempt obligations (other than private activity bonds) issued by the City and all entities subordinate to the City (including any entity which the City controls, which derives its authority to issue tax-exempt obligations from the City or which issues tax-exempt obligations on behalf of the City) during the calendar year in which the Bonds are issued is not reasonably expected to exceed $5,000,000; and (e) the amount of tax-exempt obligations, including the Bonds, designated by the City as "qualified tax-exempt obligations" for the purposes of Section 265(b)(3) of the Code during the calendar year in which the Bonds are issued does not exceed $10,000,000. The City therefore certifies that the Bonds are eligible for the -14- arbitrage rebate exemption under Section 148(f)(4)(C) of the Code and designates the Bonds as "qualified tax-exempt obligations" for the purposes of Section 265(b)(3) of the Code. ,section --U. Bonds Negotiable. The Bonds shall be negotiable instruments to the extent provided by RCW 62A.8-102 and 62A.8-105. Section 19. Advance Refunding or Defeasance of thg• The City may issue advance refunding bonds pursuant to the laws of the State of Washington or use money available from any other lawful source to pay when due the principal of and interest on the Bonds, or any portion thereof included in a refunding or defeasance plan, and to redeem and retire, refund or defease all such then -outstanding Bonds (hereinafter collectively called the "defeased Bonds") and to pay the costs of the refunding or defeasance. If money and/or "government obligations" (as defined in Chapter 39.53 RCW, as now or hereafter amended) maturing at a time or times and bearing interest in amounts (together with money, if necessary) sufficient to redeem and retire, refund or defease the defeased Bonds in accordance with their terms are set aside in a special trust fund or escrow account irrevocably pledged to that redemption and retirement of defeased Bonds (hereinafter called the "trust account"), then all right and interest of the owners of the defeased Bonds in the covenants of this ordinance and in the funds and accounts obligated to the payment of the defeased Bonds shall cease and -15- become void. The owners of defeased Bonds shall have the right to receive payment of the principal of and interest on the defeased Bonds from the trust account. The defeased Bonds shall be deemed no longer outstanding, and the City may apply any money in any other fund or account established for the payment or redemption of the defeased Bonds to any lawful purposes as it shall determine. S c i n 2D. Dain Bosworth Incorporated of Seattle, Washington has presented a purchase contract (the "Bond Purchase Contract") to the City offering to purchase the Bonds under the terms and conditions provided in the Bond Purchase Contract, which written Bond Purchase Contract is on file with the City Clerk and is incorporated herein by this reference. The City Council finds that entering into the Bond Purchase Contract is in the City's best interest and therefore accepts the offer contained therein and authorizes its execution by City officials. The Bonds will be printed at City expense and will be delivered to the purchaser in accordance with the Bond Purchase Contract, with the approving legal opinion of Foster Pepper & Shefelman, municipal bond counsel of Seattle, Washington, regarding the Bonds printed on each Bond. Bond counsel shall not be required to review and shall express no opinion concerning the completeness or accuracy of any official statement, offering circular or other sales material issued or -16- used in connection with the Bonds, and bond counsel's opinion shall so state. The City Council has been provided with copies of a preliminary official statement dated January 22, 1991 (the "Preliminary Official Statement"), prepared in connection with the sale of the Bonds. For the sole purposes of the purchaser's compliance with Securities and Exchange Commission Rule 15c2-12(b)(1), the City "deems final" that Preliminary Official Statement as of its date, except for the omission of information as to offering prices, interest rates, selling compensation, aggregate principal amount, principal amount per maturity, maturity dates, options of redemption, delivery dates, ratings and other terms of the Bonds dependent on such matters. The proper City officials are authorized and directed to do everything necessary for the prompt delivery of the Bonds to the purchaser and for the proper application and use of the proceeds of the sale thereof. Section 21. Temporary_-nd. Pending the printing, execution and delivery to the purchaser of definitive Bonds, the City may cause to be executed and delivered to the purchaser a single temporary Bond in the total principal amount of the Bonds. The temporary Bond shall bear the same date of issuance, interest rates, principal payment dates and terms and covenants as the definitive Bonds, shall be issued as a fully registered Bond in the name of the purchaser, and otherwise shall be in a -17- form acceptable to the purchaser. The temporary Bond shall be exchanged for definitive Bonds as soon as they are printed, executed and available for delivery. Section 22. Effective Date of Ordinance. This ordinance is a legislative act not subject to referendum and shall take effect and be in force from and after its passage and five days following its publication as required by law. PASSED by the City Council of the City of Edmonds, Washington, at a regular open public meeting thereof, this 29th day of January, 1991. Mayor ATTEST: VCit Clerk APPROVED AS TO FORM: �)Sna& City Attorney Filed with the City Clerk: January 29, 1991 Passed by the City Council: January 29, 1991 Published: February 1, 1991 Effective date: February 6, 1991 Ordinance No.: 2822 MLC-925* vaeu to mr hrrtunahng rtan 11"V1 p moot and Yede-flan d�the nllo Bonds, 7!!e CtpfyayGpllACil 111ri}1n Tl�yds, pryd delnfnry 1hM }fye mprleY 1O i>c depostted in the Refunding Fuld far the 198o B0,Ms In atcpr- ponCe hrrth SecifOns 12 ond. I3 of this ordlnonce win discWge and sourly the obllgptony of the City under Ordinance No. 215A with respect fO 1h - 14A0 Bonds, and the ppledprs, charges, trusts, covenants and agreements of Ctjtey tf+ere rt mace or provltl for a5 to The 148o Bonds and that the 1980 Bonds no Ionpper shall be dcerned to be vlrtstonding under Wth ordlnorke immetlEpteIV upon the deposTt of such money in the Refunding Fund. Section Tb, Pr S mation of Tax Cxem Ion gar IMe�reiibn sdnd5. The Luy �FW1IP TORe ry PrEV fi 7nferesl an The Bonds from being includetl In pras5 Income for federal Incafir lax purposes, arW If will neither coke dnv ac}ian nor make orp� rmll any use pt proceeds of Me Bonds or ether funds of the CI.V treated os prOc of the Bonds of any time during the term of the Bonds which vet}I cause Interest an the Bond$ to be included in gross income far federal income tax purposes. The City ccrfifies that It has not been nofifled of any listing or proposed !I}Hrtg bV the InTerrld Revenue Service TO The offact that It Is a 6antl 1-suer whose arbtfrpge terhtkahons may oat tie retied upon. 9 9"mmenfol UnR of Ile State Of Wash Ington and has King power; (b}�nO Bout{ wnl[h.15 port Of 15 Issue of "prlvpto dCtiVRy bend" within the meaning of Section United a�tales Inferno! Revenue Code of }988 as the "Code i[i of IlCr;f ,A of the net proceeds W the be used for local governmental ocfivftles of the C�Wh(flfM i on of T Iunit the C}tvey I{O)I the ICNpagn cgaie fate f which 15, entirely ylt aT Oil t pbllpotEons {rot(idr than prlVdte activity bpntlsl Issued and ell emtles subordinale to the City flnclud€ arty h the City controls which derives its authority to iSiut I oMigaRons from the City or whlcn issues fox -exempt on behalf of. the City during the calendar year In whkh Inc snare or wosrhirgtoo or us lawful source f6 Po when due !sands, er Cx7y thereof lance plan, to redeem am them,outsfonding Bonds (het 'defeased Bonds" y and to pay Sance. If money amejor "aaye ChoMer 39.5S RCW as now or Irma or tlnles and betIrinq It money, If heCppsWry) suffltieri 01cose the do eased Bonds In aside In a spgrloi trust fun pledged to that reStemltfion fhereimoffer calk ttln7ee Mys} a of the owner of ft+e dot ordinance and In the funds and of the delpass,eed� Bonds shall deleased H�atTds shall have princlpooI Co InterKl On ottourA, !fie defeossd Bones help, and the r�1ay apply aGt OUAt a;tabfl !er the defeased BarhdS t9 any Iarvfut p on The Bands will be Pi to the purchaser In at with the approving lei munidpar bond court: Bonds printed on each review and 5ho11 exprh or aCCaratY at any e' Sales materlol ISSUld ed does not exceed 4ail0meon (fC I�eemet ogeCo• shoe be nrgplyab 42A.8.102 and E2A.a cr of the Bonds. The uucal To me lows of %$o from any other f and IMerost on the refunding or defea. 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 ........................................ ----------- ---Q-rdi.n-ant-e..N-o-,.... U2.2............ ................-..•.:...: ....... t f to redeem and retire; refund or redeem and lased etrse ithe the shall for ovateThalr terms Ore set ..................................................................... ................................................................. . d or escrow ac aunt Irrevocably rel€renlenl a� defeased Bonds a printed copy of which is hereunto attached, was published in said tcouiol' then all right and Interest 130a. In fK0 COVenanfy at this accoums obligated To "a payment become the newspaper proper and not in supplement form, in the regular and and vole owners Of rlp ht to receive payment at the defectsed fronds from Ise trust entire edition of said paper on the following days and times, namely: be doomed rid bnger auTStand. .IMoneY In fund any bMxr ar ". file ar redernptldn of Ses as t Sh011 defernnfrb. P°-GGhOxc pnhftrra`.balmBoswoth February1 1991 R58F2f3� resinT'ed a purchase .......z.............-......•..-..,....._.................,.......•....••._...•............-..- lyhlcih wrfttcn Bond pLfChaSe Contra[! l5 ' and is 1nCDrlsalated herein by this refer. ds iliac eMMItSg Into the BMtd PWsfTdsr (best interns! end Ihercfpro acaepl5 t5e ana outnarlres iK execullvn oy City rd al City expense and will be delivered dance With the Rend Purchase C,entrad, OPlnlon of Foster Peeper A shownwin- srafemern, onerin circular a other ed in torrkcttan th the Bonds, and sv state. Provided wth coeds of a brellminary ' rhrn .four rremm�nary tmtcnot simemem as ar Its aaht, except Tar 'he vmisslan of fnforrnaton as to dffering prkel, Interest roPos teillty compensation, ogare9afe prkcipW amount, printlpal rY dates VONA 'sraannd other terms n( Bone'sdecentl M Ilwth ihaTfers. The proper C"Y Officials are authorized ond dlretted to do tveryl 17 n TI,ry far the prompt dellvery of the Burros fe the turchaser and Tor the proper appikation and use Oi the ,.ds If the sale thereat. Soot rh 21. UnICS Or Bond. Pending fhe prinNnO axaeutlon and ioTiV ry -- lffdS' Tinitve Bands, the Ny may cause o be executed and delivered ter the purchaser a smote famWory Bondi the total print€pal amoumf of the Bonds. The temporary Bond all bear the same date Of Issawxe, Inferesli rates. princlgal +ay m dales and terms and covenants as the definitive Bonds, hall be Issued as a fully registered Bond In the name of the :ur naser, and otherwise shall be In a form occepTable tp the ! �ur'hoser. The temporary Bond slaill be exchanged for deffnitive s as soon as they are printed, executed and avoliabte ter lelivery. Section 27, Ettecihre Date of Ordinance. This ordinance is a short take otfecf and e in force from and offer Its passage and five days Tollowtmo fts ubllcatfan as repulred by low. PASSED toy the City Council of theCfy of Edmond; wasthinahm, t a reguW a", goblin: mltthtg thereof, this 29Th day of January, 991. TTF-5T-. LARRY S. NAUGHTEN, Mayor ACZoftfit: Cw PARRM City CWk PPR `0 AS TO FORM: I. ublisheSCpTd:T F$.N Y SNYpER, cHY Athsrgey C T491. I and that said newspaper was regularly distributed to its subscribers during all of said period. Principal Clerk Subscribed and sworn to before me this ...... day of ....................:... :mob eb ruary.. :.,.......... 19.....91 _ Notary blic in And for the State of Washington, resid' g Everett, Snohomish County. B-2-1 ��AII�Bonsfs p�wchrtsed or redeemed Vnd'er"this sectloWshgll be cancelled. Section 7. Notic R. m lio den. The City shall cause rsohce of a o be given not tees then 30 liar more than 60 das meys prior to the dote fixed Tor redemption yyby first. be rodeeirnad o1 thep=.Iss appeorfto the �riglstered owntf am the Bond Regiisterr at the 'time the Bond Re gistPrepares 1f+e nO}Ice, and the reQQulrcmeph of this sentence shali be deemed to have been full lied When notice has been mailed M so provided, whettMr or rat h .Is ochtptly received by the owner aT any Hand. interest on Bands coiled far nedemtNlon shall cause to accrue on the date fixed for redemption unless the Sand or Bonds called are not redeemed when presented pursuant to the call, in addition, the redemption notice shall be mulled within the some period, postage prepaid, to Moody's Inver - tors Service, Ind,, and Standard 6 -Poor s Carboratton aT their affltes In hNw Vor%, New York, or their suCCK s, to bald Bosworth incorporoted, of its of Incipal of m In Seaffle, Walhlnq. Son a 11f ssyyaoccessor, end to such afher persons and wrm such ad�hsorual IriTarnotlon as The City Finance drec at Noll deter. mine, but thee! additional molflngs linen net be a caMW4m precedent to the redemption of Solids, coon I.Ulm toR eem Bands. If any Band is hot redeemed be obi to plid fromay !mee. rest onn- aat thefsome�to rift theProviddeeidl in file one oiler Its maturity or Call date until thal Bond, both principal and Interest, is gold In full or unit[ sullicieM money for Its paymenl In full Is on deposit In the bond redemption fund hereinafter created and the Bond has been called for payment by Alvin? notice at that call to the registered owner o1 eoch of those unpaid Bondi. Section 9. Pledge of Taxes. For as long as any of the Bands are puTirE3ZnbW pledges to include In tts budget and levy taxes annually within the canstihAlonal and statutory tax lim{Wllom provided by tow without a vote of the eleclors at the Clryy on oil of the taxable aroperty within the Citfyy in on amount suf}Iclent, together with athrr money legally available and to be used lherefor TP goy when due the grind upal of and interest on the ponds, and fHe (full folth credit onel resewces of the City ore pkedged IrrayOCably for fhe annual levWy ON callel���on of the" tDxes aid the prompt payment Of that princfpol and lrrtere3l. 19, Form and FxecuftA at uands.. Tile Bards Shall oe pr to a form consistent Pr. fhe.provisFprrs of thl ardinatce and state law shall be signed by the mayor and CiIY +, effher a both oT w�tose sigynatures nay be manual or in focSimlie, and the seal u1 the City a o facsimile reoroducflps [[+anew Shalf be Impressed or Printed thereon, Only Bands tsearlAQ a Ca+YRleate'of AuthemlcaHon !n The letlaw• Inp Tofu, manually signed by. the Bond Registrar, shall be volid or ardinonCe: oref any purpose or. enli•fied to the benefits of this ding CERTIFICATE OF. AVTHENTICATION This fond Is one of the fully registered City of Edmands, Washington Llmtled Tax General Obligation Refunding Bonds, Ml, doscrIed In the Band Ordinance. WASHINGTON STATE FISCAL AGENCY Bond Registrar By Authorized oq 5h r The ouSholied s}pnlr�p at a Certificate of Aufhenficatfan strait be Conclusive evidence that the Bonds so authenticated hove been du}v arecut.4 mdt*Mk ftd and delivered and are eMhlod to the benefits of this ordinonce. if env officer whose facsimile sionoNra appears on The Bands teases to be on officer of the City outharl=ed to sign bonds before 1 the fronds bear" his or her facsimlle signature are oumonfir-ated ' ar delivered by the Bond Registrar or issued by the City, thoso Bonds nevertheless maybe au ncrnl[arEd; delivered and lssunega on tti+eClty ahen s though "lotlspewr5on had [Oird and del v7}Inuetlshall fo Ise an eflkeas dr of the City authorized to sign bands. Any Bond also nov be signed on behalf of the by any person who on The actual date of Signing at the Bong en officer of -The Ch; authorised fo sign bends although he or she did not hold the required office an the dote of Issuance O1 the Bonds, SeCItOO 1l. Dwid Reglslrer. The Bond Registrar shalt keep or caul C ppddI taipor[te trust Office, sllttlRont t hooks forhe rcgstration and fron5fer of The Bonds whkh shall be open to Inspection by the CITY of all tlmos. The Bond Registrar Is outhorlice, on behalf of the City, to authenticate and deliver Bonds transfe"00 or exchanged In accordance with the provisions of the Bonds and This ordinance, to serve as the City's paying agent for the Bond& and to carry out all of me Bond Registrar s powers and dunes under this ordinance and city Ordinance No. NS1 ei biish. Ingo system o1 registration for.the City's bonds and oblipotfons. The Bond !Registrar shall be responsible for Its represork"lons contained In the Bond Registrar's Certtf Ecate of Authentication on ! the Bonds. The Bond Registrar may become Hoc owner of Bonds with the same rights it would have If R were not the Bond Registrar and, to the extent permlifed py krw, may ant as depestory for and aof, or In ny othemtt err capoCH7 w3h respect to, of its ofters of any COMMIttee lto act as SorTied to ! Protect the rights at Hop.d owners. Section 12. Hand Fund• Refundfrw Fund. There Is created in the 01fICe"9f-Me Finance Mrecroe of'flfe My a special fuhd to be known M the Limbed Tax General Obilpetion Refunding Bond Fund, 1991, Into whlch Turd Shall be deposited any ataued Interest retefved from the sale and delivery e1 the Bond-. There also is ;rented in the Office at the FInonce Director of }tie C!ty a special Vnd to be known and deslPnaled as the Refunding Fund, Into whkh fad shall tie •dePoSitea the proceeds of the Issuanc! andSafe of the Bonds -to pay part of the cast of carrying aul.Hfe Refundlnq plan and'ta goy the .Cast Df Issuance and sale at the Bands. SCCtiOn lf, The+ Refundln Immedlotely on receipt of the prL�1�3+.�8FTFr-13JS�IIf,Tritr" once Director of fhe Cho Is outhar- rzed and direcled to purchase direct ablIgpOatflons of the United States of America fthe "Acquired Oblfpallom"The Acquired Obligations and any cash retnolelfng an deposit 1. n The Refunding Fund Aker the purchase of those Wigaflons and the po ment of the casts of Issuance shall be held In trust for the bent 11 of the holders of the 1"0 Bands. The principal of and interest on those Acquired Obflooffoms 0 rrto}urlty and any cash on Omit In the Refunding Fund hall be used for the payment, bath principal and interest, and eegemplion of the 1990 Bonds on Morch 1, 1991,.ond that such proceeds of the Acquired Otll}patfohs, It-goldwhen due, and cash on aepdsli In thefu Rending Funs will be Sufflclent to carry out the Refunding Plon. Arty money remaining on Omit In the Refunding Fund otter moklnnq the payments required to be mode by the Refunding Plan shDll be transferred to the General Fyne of theCMv nd used for any lawful City purpose, The City- s the rigQht to substitute other Direct, noncallable ' abl}pdtlon5 at.the United Staes of Amerka ("Oovernment Obltga- �enfed theeebyfor anawfutt City purpose i errlthe y l��tCCiitpuand t on Such 5ubshhhtio crn shall not Impair the tienety payment of the omauMs required to be paid by the Refunding Plan as so verified by Gain Bosworth Incor- porated. ARV surplus money resulting from the sale, transfer, ether ciSFX)010n or redemption of Inc Acquired Oblloatlo s; and the subsPhuNans Therefor shah be released from Me trust estate and trgnsferred,to the CIN to be used for any lawful Clty purpose, Seth.. 14 Coli for Redem ton of the Q&andlno 1980 Bonds. Thpflun on mar n ,no I98 Bonds of par pplus accrued Interest. 5uCh call for reOemp. lion shall be Irreva[atrl0 attar the delivery a! the Bonds to the initial purchaser thereof. The proPer City officials are ourhorized and directed fo give or cause to be given such notices as required, of fhE times and in the manner req given Drlrsuanf to Ordinance No. 2150 in or to atlact the redemption prior to their enolurity of the 198o Hor/ds, Se 15. Flndi wRe_sect to Refundlna. The Clfy Council finny$ b 1�T7r'iTin lfiBith F-S a Il ua of the Bands of INS "me will effect a S0iring to fYre City and Its texpeyars and Iy in ...n [.suet r............. r... mow....... , -- - CITY OF EDMOHdS WASHINGT0I ORDINANCE 1410. 28" AN ORDINANCE p} the City of Edmonds, WashlnW", refaf- Ina to canhypo�ccfflnq lndeWedrhess• provldlna for the issuance of Rtfundlno msyp991, of tt lue at a CffYdta Provide funds wlrhaj yatorl to ony Pori of Rice rA f of peon&q and redeeming the Cty's OvhtorhdfPsQ Limited Tax General Oalfoaton Pihn,fe lulrn• n.r,... fund and o refunding fund ondrooporrsrnnPrOvinap a pond redemption Inp for the delivery of the ban 10 Dean Bosworth the sale jcape, roied of Seattle, Washingfon. WHEREAS, the Cty of Edmonds. Washlrrclon ft}Pc '.CHy"1, by Ordinance No. 2150 passed on June 16, 1960 pprraVfded or She Issuance and sale of $34O0rp00 par value Llmited Tox General Obligahon $ends, 1980 ``t}le 1980 Bands"), and by Won ordinance reserved the right to redecrn the 1"0 Bonds on September 1, 199o, or on an semiannual Interest PovmenI date thcreofter, of par pQ accrued Interest, and WAS, the City PF"entry has outstanding 12,375,000 princf- ,,.WHEREAS ,. HEREHERE of the 1180 Sends maturing err September T. of each - fhc years 1941 lhrauyh ?000 lncfusive, OrW bearing varlous Inler- osl rates from 7.M% to 9.37N Ithe "1980 Refunded Bands" y; and WHEREAS after due consideration. It dPP*or5 to the Clfy Council that ['the outstanding logo Bonds mor be refunded by the Issuance and sole of the Iimtcd tax general abligorlon refunding - bonds outlorireci herein line "Bonds") so that a substonfial swng will be affected by !ha dl erente between The rlmiPol a^d Inter- est costs aver the life Of the [lands and the principal mho Interest costs over the life a1 the outstanding 1980 fiends but for such refundhl , which eefundfna wltl be effected by: [[a The Issuance of the borKX, and (b� The call payment and redemption on March 1 1991,aof all:' of the outstording f980 6011d$ at a prlCc Interest; of par plus oeued anWHEREAS, in order to effect "hot refunding i, the morther that will be most OdyonTageous to the City end its Tax0overs It Is fond necessary and advisable that certain direet a�bloigtaorfrons of -the time 0`5 nneceisaiv to cKcOrka mAl4hh. Rhea refunad�p as aforesaid be purchased out of the procoeds of Hhg sole of the Bonds gVthorlred Herein• and WHEREAS, In Bosworth, Incorporated, has offered to purchase those bonds under the terms drnd candfllons herelnafTer saT In the form at a ppurchase contract, NOW THEREFORE THHEE CITY COUNCIL of THE CITY of LDMOWS, WASHING• TON, DO DRDAIN as faflows: sectlpn I. Deaf CapoclT The assessed valuation of the. taxable ❑r37 y w ps ascertained by the lost preceding assessment for Lily purposes for the calendar year t9" is sl,395,797 927, and the ON has outstanding general indebtedness evidenced by Elmlfed fax general ohllWI" bonds in the principol - amount of 37175000 irrevpcobte prevision far The payment end redamatbn off which is mode Mervin, Incurred within the limit p} up fa ;itteof i% of the vague of the taxable Property within the C.Ihy permd far general munkipal Tarrrposes withatd a vote al e qualified voters therein and no Vynilmned fax gcnergl peilpatlon bonds issued pursuant to a vote of the qualified vo}erg et the Coy and the amount of Indebtedness for which bands are gutharfeed herein to be Issued is S21175 000. Sedlorh 2. Auhharlietlen o{ Bonds. the Cfry shall borrow money oopbff gmg�}-�Ullaarl-O��^eeiospTflob Ilmfkd tax general 9RRT, . S.0 on of r psenpaevidencing ,�raas�i top sine lfhett'i nods Wnaa4 lno orl nMarcthe h19 1,ya1iyofihe auhro^dlnQ� PEflterpyands of d ond redeem oi Per (}he "Refunding Pion") and to pay the costs Of Issuance ON sole of the Bonds [}he "cash of Issuance' }}. The generoi fndebMd. ness to be Incorr shall be within the IlmlT of uP M 5+� of 1 h of The "lue of the taxable aroaerty within the rnv be u of the navan of ssNIJ or any Infoprol mu"I re'}hg,Cg} wltthl^ a mvfur�ry sholl be numbered seporofely in, the manner an any additional desli nation as the Bond rRepp'151rar [caileeftyc li5e01-0Qencles Of The Sfffe Of Washlnofnn b.r,nM Pn h on me Pails at a on Wlmber 1, ',ceding Match 1 t mrcresr Or sne followcas;fes ofia mature on Sapterhber 1 in vows and I omountaturity as Years Amount fnfere RotesiT 153099� 2000,M 52S"3 710000 .s12kgo V f 1995 235,000 S.95 food 250,0" 6.05 1997 - 265,000 6.15 1998 275,00ri &25 29S 00 logo 6.r 0 313,Opa 45 240 5ecfl 4,lsfrOtIon and Transfer of Bonds. The Bonds shall be ,ss ffylPt�igiT3i€7E'dT3ir�dsTeL31f�p7TTc i and Interest and recorded on books or records mainfOlned aY The Bond RegIS- lrpr jibe "BOnd Register" ]. The Bond Register sholl cardaln the name ono mafling dddress of the owner of each no and 'he principal ampUfd and number of epCh of the Bonds had by each Owner. Bonds skwrehdered to the Bond Reglst-ar may be exchanged for Bonds to Gov ouftwilled denofhsinafton of an equal aggregate pile ,rl Wna1� pod of the %acne IMeresf rate and mafhl" Bonds may De trmUnlTi+red Only if endorsed In the manner prov6ie ft hereon and Hlrrbrldered Po the Bond Registrar. Af V exchange or bander shall be W�y"wo cost to the owner or kgnsferee. The Bond Registrar 0MI rq} be Obligated to exchange or transfer any Band ffurin4 the Milled dogs preceding any principal pawnerrt or redemption doh.- l lotions. Po f Bands. 13o1N princitwf of and Interest an snoflrt I Marley of the United States of America. Inlst on a Bonds sho fesll be ppaOid by thecks or shafts malled On file interest payment date to ttr0 registered owned at I he addresses PPpearing on the Bond Register on the fghlenth dog . Of the month fWecedlnpp the Ir1 rest payment date, Principe[ of the Bonds shall be poyable upon presentation and surrender of the Bonds b ,hhe reyisfi red owners at either of the prfntipgf offices of the Bon Registrar at The option of the owners, Sec l h b Rion l Redemption and Open Market Purchase of a m ur no n a yy�eor1 uRinclusive, s e Issued without the rlghT Or option of the ally To redeem tthhe rla t affsd�ppiflrarroi ttheir regcs�t me8onds mofuHY �lnfl on ore aMefrSepferyeis bet 1, 1096, prior !a their stated Maturity drne5, as pa whole, or in Part within one or rare mufurites selected by O Iho City {and y laT Wfthin a Imfhlrty I^ such manner as the Band Replstror shall' di" M net, on ch 1, 1996, Or on any lnfpresf pgvm*nt Qp}e fhoreofter, at pat plus accrued IMEresf to the date l xod & rodemyyrf Parts^ of ffllf princlW OITW. ^t of day Bond, in installments of SS op0 pr oily I 1 multiple thereof, may 6e redeemed. it less ihon ell a} yfk pr fltfppl arrhouM of qrW Bond IS redeemed upon surcefldgr of 1f1r1f Band of ether nT tv n, "4-- ..«h...... �. —..