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Ordinance 2905CITY OF EDMONDS, WASHINGTON ORDINANCE NO. 2905 AN ORDINANCE of the City of Edmonds, Washington, relating to contracting indebtedness; providing for the issuance of $1,690,000 par value Limited Tax General Obligation Bonds, 1993, of the City for general City purposes to provide funds with which to pay a part of the cost of constructing a public works building; fixing the date, form, maturities, interest rates, terms and covenants of the bonds; establishing a bond redemption fund and a construction fund; and approving the sale and providing for the delivery of the bonds to Seattle - Northwest Securities Corporation of Seattle, Washington. WHEREAS, the City of Edmonds, Washington (the "City"), is in need of constructing or acquiring a public works facility for use by various City departments, including the combined water and sewer system of the City, the estimated cost of which is $3,600,000, $2,0551000 of which will be paid from the proceeds of water and sewer revenue bonds to be issued, and the City does not have available sufficient funds to pay the balance of that cost; 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 1993 is $2,134,829,980, and the City has outstanding general indebtedness evidenced by limited tax general obligation bonds in the principal amount of $2,265,000 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, has no unlimited tax general obligation 0050287.01 -1- bonds outstanding 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 $1,690,000. 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 $1,690,000 for general City purposes to provide the funds to pay part of the cost of constructing or acquiring a public works facility (the "Project") 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. Description of Bonds. The bonds shall be called Limited Tax General Obligation Bonds, 1993, of the City (the "Bonds"); shall be in the aggregate principal amount of $1,690,000; 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: 0050287.01 -2- Maturity Interest Years Amounts Rates 1993 $35,000 5.250 1994 55,000 5.25 1995 55,000 5.25 1996 60,000 5.25 1997 60,000 4.75 1998 65,000 5.00 1999 65,000 5.20 2000 70,000 5.40 2001 75,000 5.60 2002 75,000 5.75 2003 80,000 5.80 2004 851000 5.90 2005 90,000 6.00 2006 1001000 6.10 2007 105,000 6.20 2008 105,000 6.25 2012 510,000 6.30 The life of the capital facility to be constructed with the proceeds of the Bonds exceeds the term of the Bonds. Section 4. Registration and Transfer of Bonds. The Bonds shall be issued only in registered form as to both principal and interest and shall be 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 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 0050287.01 -3- 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 of the Bond Registrar 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. Optional Redemption, Mandatory Redemption and Open Market Purchase of Bonds. Bonds maturing in the years 1993 through 2002, inclusive, shall be issued without the right or option of the City to redeem those Bonds prior to their stated maturity dates. The City reserves the right and option to redeem Bonds maturing on or after December 1, 2003, prior to their stated maturity dates on or after December 1, 2002, as a whole at any time, or in part on any interest payment date within one or more maturities selected by the City (and by lot within a maturity in such manner as the Bond Registrar shall determine), at par plus accrued interest to the date fixed for redemption. Bonds maturing in 2012 are Term Bonds and, if not redeemed under the optional redemption provisions set forth above or purchased in the open market under the provisions set forth below, shall be called for redemption by lot (in such manner as the Bond Registrar shall determine) at par plus accrued interest on 0050287.01 -4- December 1 in years and amounts as follows: Mandatory Mandatory Redemption Redemption Years Amounts 2009 115,000 2010 125,000 2011 130,000 2012 140,000 In the event that the City shall redeem Term Bonds under the optional redemption provisions set forth above or purchase Term Bonds in the open market as set forth below, the Term Bonds so redeemed or purchased (irrespective of their redemption or purchase price) shall be credited at the par amount thereof against last scheduled mandatory redemption amount. 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 Redemption. The City shall cause notice of any intended redemption of Bonds to be given not less than 0050287.01 -5- 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 Seattle -Northwest Securities Corporation, 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 8. 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 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. 0050287.01 -6- Section 9. Pledge of Taxes. 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. Section 10. Form and Execution of Bonds. 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: CERTIFICATE OF AUTHENTICATION This bond is one of the fully registered City of Edmonds, Washington, Limited Tax General Obligation Bonds, 1993, described in the Bond Ordinance. WASHINGTON STATE FISCAL AGENCY Bond Registrar By Authorized Officer 0050287.01 -7- 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 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 0050287.01 -8- 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. Section 12. Preservation of Tax Exemption 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 also covenants that it will, to the extent arbitrage rebate requirements of Section 148 of the Internal Revenue Code of 1986, as amended (the "Code"), are applicable to the Bonds, take all actions necessary to comply (or to be treated as having complied) with those requirements in connection with the Bonds, including the calculation and payment of any penalties that the City has elected to pay as an alternative to calculating rebatable arbitrage, and the payment of any other penalties if required under Section 148 of the Code to prevent interest on the Bonds from being 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 0050287.01 not be relied upon. Section 13. Designation of Bonds as "Qualified Tax -Exempt Obligations." The City has determined and certifies that (a) the Bonds are not "private activity bonds" within the meaning of Section 141 of the Code; (b) the reasonably anticipated amount of tax-exempt obligations (other than private activity bonds) which the City and any entity 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) will issue during the calendar year in which the Bonds are issued will not exceed $10,000,000; and (c) 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 designates the Bonds as "qualified tax-exempt obligations" for the purposes of Section 265(b)(3) of the Code. Section 14. Bonds Negotiable. The Bonds shall be negotiable instruments to the extent provided by RCW 62A.8-102 and 62A.8-105. Section.15. Advance Refunding or Defeasance of the Bonds. 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 0050287.01 -10- 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, retirement or defeasance 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 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. Section 16. Bond Fund and Deposit of Bond Proceeds. There is created and established in the office of the City Finance Director a special fund designated as the Limited Tax General Obligation Bond Fund, 1993 (the "Bond Fund"). Accrued interest on the Bonds, if any, received from the sale and delivery of the Bonds shall be paid into the Bond Fund. There also is created and established in the office of the City Finance Director a special fund designated as the Capital Improvement Fund No. 325 (the "Construction or Acquisition Fund"). The principal proceeds received from the sale and delivery of the Bonds shall be paid into the Construction or Acquisition Fund and used for the purposes specified in Section 2 0050287.01 -11- of this ordinance. Until needed to pay the costs of the Project and costs of issuance of the Bonds, the City may invest principal proceeds temporarily in any legal investment, and the investment earnings may be retained in the Construction or Acquisition Fund and be spent for the purposes of that fund except that earnings subject to a federal tax or rebate requirement may be withdrawn from the Construction or Acquisition Fund and used for those tax or rebate purposes. All taxes collected for and allocated to the payment of the principal of and interest on the Bonds shall be deposited in the Bond Fund. Section 17. Approval of Bond Purchase Contract. Seattle - Northwest Securities Corporation 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 used in connection with the Bonds, and 0050287.01 -12- bond counsel's opinion shall so state. 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 18. Preliminary Official Statement Deemed Final. The City Council has been provided with copies of a preliminary official statement dated November 30, 1992 (the "Preliminary Official Statement"), prepared in connection with the sale of the Bonds. For the sole purpose of the Bond 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. Section 19. Temporary Bond. 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 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. 0050287.01 -13- Section 20. Effective Date of Ordinance. This ordinance shall take effect and be in force from and after its passage and five (5) days following its publication as required by law. PASSED by the City Council and APPROVED by the Mayor of the City of Edmonds, Washington, at a regular open public meeting thereof, this 8th day of December, 1992. Mayor ATTEST: Ci y Clerk APPROVED AS TO FORM:, Bond Cou sel FILED WITH THE CITY CLERK: December 8, 1992 PASSED BY THE CITY COUNCIL: December 8, 1992 PUBLISHED: December 1j1, 1992 EFFECTIVE DATE: December 19, 1992 ORDINANCE NO. 2905 0050287.01 -14- STATE OF WASHINGTON. COUNTY OF SNOHO1%1ISH, 9-2-1 F - Affidavit of Publication C E I If EE D E C 1 5 1992 'Edmonds MY e; ed( 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 ........................................ .... C.ity_.of E..............................monds .............................................................................. Ordinance No. 2905 ......... .......................... ............................................... .................................................. .................................................................................................................................... .. 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: .... Decembe.r .... .4,...1.992...............................................................•---......----------- .....................................................................•-------------------................---------.................... and that said newspaper was regularly distributed to its subscribers during all of sai period. ......... ................... �-....... .. . ........•....................... Principal e Subscribed and sworn to befope—Xie this ....... 14th day of,, ............. ecemt er........... .......�F� 92 ......40N .........,:.-- o Notary Public in ... an t tat of Washington, residing at Everet Snohomish County. are get, Section ld.'Form 'and E' xec nmeaor. iffnoW.apnea ocy goog oona POPerin. a forma consistent wtth'ihe"provislons, of this or I dinonce')and stote-low-shcIl- be 'sighedbY the; Movorlond CIty.i0erk,,.vither or-64cithlbf-whose signaturesmoi�be­nionuol and, In fbcsimlle 7Qndjbe_%eciIof the City or a facsimile 'reproduchon."rebt shall WImpiressed ;�,.Prlr4iia thereon. 4 70 ��h .. i'" the following form Red stror, shall be manus tj s �hd 9V elln't'", volldor:obilgotory for'dny purpos':.e'.or'ent ed to thcbenefft of this ordinance: - , % - - , ­ , 11. .. , . . CERTIFICATE,OF -AUTHENTIC4TION thij bond Is dne,of.the.fult4 re Istere-d. Cfty,*of%Edmond!, Wdshjnatorl', Limited Tox'-Genera? Obligatloh'Bondsi 1993, described in the Bond Ordinance. ) - ''; , � .> t, � * WASHINGTON STATE:FISC L.4!GENCY BoOdReglsfrcrr­­�. , Authorized OffbWe .The. citho,lzed'sibnlrg of,b'Certtflcatt.6f.Au�4rM;;&l�M iholl'be conclusive,evIdence: at'ttte:Boods 90-mlLittientleated;,have)been ,duly executed;- authenticated and. d6IlQeredqnd;,, " entitled to .the benefits of,'4ls ordinonce:• Bonds- transferred -:or eXi;hdng"- In -accordance W1,M.me.-qr A I slorts:of ihe.'Bonds�, . fs-.ordinchce; to�,seil�4;�s�ftic, and to.'corr. E S74 g�Nlng agent forftle= T,,Ouf,oII �of, Bond.RS or's power4 and dutles'underfhIsord noncelahO COrdlnance N6i2451 establishing a s'ystem,of registration for the' ffy's,bondt' and'obligations, .;V The Bond eiih�i Pr ons contained In the Bond R s- Cerifficote,oAuthenticaftnion t Bonds. e IWO�" become., he The,Band'Reg?sVor May become., e owner.',of, Sbhds with the. some rights ",.would hdve'ff It were not;the Bond Regis= tar bnd,lto the -.'extent permItted,by low, mogrdct as depos"orY Morand permit any of Ifs'officers or,Olrectoesjo oct.as memberi of, or' In*ohV,bther�idpoc1tv Wfth,r*spect,;to;,anV committee formed to protect the, rights. of Bond owners. . Section 12. PrewWlloh. 6f,,rO-,Exeqf0tIOn -for.' *146rest..*on Bonds. The !:W V I=ven m coorWthar IT Will TOKe Oil actions necessary. WE ent est. on tht'sonds fr6being Included -In gross income for­federoI.Ind6n`le,,.ta9 Purposes;.ond.1t will,nefter take" ony,octlon nor make.brZipermtt ony-u5e.of'peoceeds -of the'sonds or,6therjunds of the C�qrbuted ps.proceeds-of the-Bonds,of any tIme�'durIn%,the.ferm ' the'Bandswhfch,wlll'cc!Use-intL*est+on itheBonds -be nctocQ I4qrbss'I6com64Oe.fed6roI Income fox pi.ir�pftes: The, City 'diso', coveV W.�wlll, rto-. the exteht,, Ntme rebote riciluirer I hM14ty of, the,linternal ,Reveaue Code bf:'1"6 "cps amended- (thC "Code."), pre applicable, to the 'Sonds,;,toke a, actions lnecessd;ry.to?cornply (or to be tented: as', having compiled) with those recitilrements,14 conilec. tkw%Wtheftnds, Including the'colculotiOA and 09mentof2an "Penotties that the City ' hos,,eI4lcftd.'tO'pOV as.,on'a Ive . ccilculotino rebotoble',arbttro&�,Ilfiand the.. rn �Of V, other penottfeslif* required. M on,148' lnftrest,on the' Bonds am MintV I d n ' r sA federal"Income'tax.. p �c fie be6r'notified,of-chy- stn or cIttl I Revehue'Servlce to. the e ect•tnaf It Is I er. ose orbItrooe,certificortions me be. ; :! -X 11.1 Desi g m' U � ox.x .0611=56s. _tneT, nos, oeTerjrni ro;i1g=ns' , 14dr, the purposes of.; Section, v _ — �', on 14.'SO6404' '7MMOMIRV 62AA inance irow in Jhegru" d0ccOurWI: nt:ofzthe defeos6d cis gall I tea se a n i ."'Of',defeased Bonds;sholl, haVe:thelfl ht if.wthe:%orIncIgla *Iofrond-,Interest Wfirust occount,1hedefeased Bonds shall .z, moppl* too d;oY account 10.e ent . fidsed DondS'fo,anVlawful 4 ts tt °`ver�od'$hail be.odaed or deducfee! `os i:' cpvnwbie "; ^;,- and <,:.x ,,. , , WifEREAS,;b "Ordincnte`•'2363''passed on April'22?1981 Clfv EREASed MM.ISsuonCe.2 51,0w, I par.yalue 0�'ks V and Sewer Revenue Bonds' 1983 (H+e ' 1981 Bonds"), which h were Issued on a My of lien w the.1977 Bonds; and, WHEREAS, by rdinance No: 2363 the first subsectial9 (4 US of Section 16 + Ordiggnce, Ng.;19�7 were omerided to r,el A mew Cud'::-`"'.,.v...i•i.� .. ion WHEREAS,-bV Ordlnonce No. 2678 passed on Augyust 23, 1 'the CMV'oulhorized the Issuance and! S9 990000 par va of Its Water-and'Sewer,Revenue.Bonds 1988 (ihe 1988 Bonc which,bonds.were Issued :on, a.portty of lien with the';.1977 Be arhd•1he x1983 Bonds; •ond;,` I r WHEREAS,OOBPpyny�.Section 6 of.Ordlnonce 2363, IheLCNpV,reser hethriigMansd1994onto t1w'9u0 e998;inclm the us8ve Bonds I-1194? 01on MI f a},par Wus.occiued IeMerestYo,M+a doteNxed for ie;a m florryL;t .r WHEREAS; v•Secflanr7,:of nrdlnenceKNo. 2678:.:ihe: reserved.the-rlogf,ogd o=,,4o redeem the 1988 Bonds mV f` on.Decemberll�t,,%,o=,, the Vaatf 1999 through,`2008;"Inclusve t• iDece~--- -:4-,-'.1 998yat, pa'Ptus,accrued, Interest -b the:da/e I ,forrredemption• and _t _:•,,...{>,. °V"'• evIne *wlll:be a depTserv.ICe saVIn03 W aro am/,u . combined,wofer,6nd sewerdbe sysfems; which'refunding will.be effected by*-! .-,.2n:, - .4° 1.. ^;:. , rt (a)�The')ssucnce:of fhe'refurhding,bonds cr )h liej,'G,fhis .,,nrdinonce and the pbyment of the costs of issuance and refund - (b) The fall, `payment and •redemption of •the, `1983 :Refunded Bonds on May 1; 1993 at o pprrice of 102% of par and ' (c •The poVment.of tfhe'IrNerest -on the 1988 ifefunded:Bonds ywhen-due, up: to and Including December -..1,; 1998,- and, on Oecerlhber.,1 ,1998 the; call; . ent and redemption of. oil of the outstandfng 9f)8 Refundedds N a price of par at jo- ieveln' WHEREAS glSedttle Northwest Secuor rltles C6rpatlon y has, offered to purdhose the b6-nds'to Vay.the cost otirefgndlnp the 1988 Refunded Bends under the terms and condMbns herein set, forth; and the Crcouncil deter4nih6d h is In the best (Merest. of, the CIM}yy to accept that offer'•NOW; THEREFORE -:.--';THE CITY COUNCIL OF THit CIT,,NCITY EDMONDS;;.WASHINCrj 'TON DO ORDAIN as foll6ws., SeeNon.1:;Defln'iflons.'As used in this ordinance" the 3o11"t . . w lowing meanings:` . b,•,"Acquired Obligations'! means United States Veasury Certt l- 1 -cotes and Notes — State and'LpcoI Government Serles or other' ? direct non -callable obligoffons of the United States Government: � "Bond Fund" moons the special fund of the ICA known to d Me, °1Nafer^;and -Sewer Revenue -Bond' -Fund , 1997777 �creafedrbVy 'Ordinance No: 1957,for the payment.of the princlpbl of Gpnd Irtter•, '-est:on',the'1977 Bonds-ond aI11Future`,Par1N Bonds of the.City i :,,ft redter,issued;'Including the:1983,Bonds, the 1988'Bonds and' the. Bonds ' Bonds meons the I$7 805,000 poi value Water and Sewer ReR venue.efundinp 8ohds 1992 of the City oufhd'ized tom i .Issuedbvthlsordinance. ##1977,-Sonds"r means, fife o�uh�tsstanding Water and Sewer. ;Rrvenue,Refundfng,and Construction -Bonds, 1977 ofce the,Cty, }Issued undMdok at ,November :1, T977, pursuant jt-6rdlnoh 1,:1988,-pursuartAtE=Ordinance .No.„2678 maluring.up xtO:onal Including ee 1; 2001. .i. _ .. . K: ^1983 IRM dedmlBonds": means'the;198318onds'Smaluring on 7 MC1. M eoch of ,*. m i y ars 199/. through 1998 f "1988:Refunded4B ds" eans the 1988 (3aWs mdlurinp;on pecembe►:1 of each of -. the years 2002 through 2008; incluslw: , S "City”: moons=the:. CMy of •=Edmonds: Washlnalon-+�a duty the: 'oiganlzed.and existing noncharhr code cl{Y tinder 1ffFMM lows of Mx, State of Washington. x:: , . ... ,;.••_ ,_; :�.;.•, i:'Yavetoge ReoukemeM;'means'-1:pS:Hines, theiportion-of annual debt service; excluding the Inclp 11 of any Term Bonds If, the fayn,ent for such Term Bonds' is •being provided for' by a 'sink hg fund,, on the, 1977. Bonds -the 1983 Bonds the'198813orWs, ;the; Bonds dnd;any'Future Porfty•BonI actually paid from Revenue:of fhe-Svsfem-,and not from OLID Assessments, after; ;•pdymeM of OPer ng ond.Molntenonce Expenses.-'."i'�•-. .-. re.PrrMv�B�olhd�'. earn a„I:r Zvi : a and �1 o I the Blinds. ; ff "taovernnhent Obllgahons" mearhs'dlrecl obligahons'of or obligations the principal of and Interest on which are uncondt"on•, ally guaranteed by the United states of America. ±,4•` • n _ Operating and Maintenance Expenses" means all reasonobte expenses. incurred bY.the CMV,In'cousing,the.,Systerplto,be oWoted , and:;lnOlMalnneetltl; In ,good ` repair,- working, order, --and. ' tonditldn--but`shall not incluodee any depredation. or�toxes,:•ori chases fn (leu ofaaxes levled..oc Imposed by the CMV. ,� _'• .'+ 'PYlndpal�and••Interest'Account",means theloccount.of.thati .name treated In ))he Bond Fund forAhe PaYma�� of the principal1 of -and interest on the -1977 Bonds the 1983 Bonds the, 1988 Bonds the Bonds and all Future Portty. Bonds of the City Payoble•out Off K that h�N+ i.•/huij r(a .. ch.erdplogcemplan" erhfurykj cel ds'of.the�Borldswhlch�sP=ee,',, the Acoulred Abllga• t REFORE ':' EQMONOS, WASHING.' ordinOMM the 1010wing; the _'17 805,000. par value Water and Sewer Bonnddss - 1992, of the CHV authbrlted to be wince. - —1.neaps the. on1lsfanding Woter' and Sewer p jpnd COnstr on Bonds, 1977 of the. City of=November 1; L977, pursuant �o'Ordlnahc* ACV 1, 1997 ar 'U' v, the I[terO on the 19 RefurWad Bonds id InacludlnO December 1, 2002; and, on Ref.Ind d Bondnt s and redemptlon Of all of +e costs at Issul" the bonds and tt&Ving' oreement" meons�that,Contract between ging Trustee provlding for carryino'outthe. " rneon; .Puget Sound Nptlphal �go6k of