HomeMy WebLinkAbout1958 Ordinancer
CITY OF PASCO, WASHINGTON
ORDINANCE NO. 1958
AN ORDINANCE fixing the amount, form, date,
interest rate, maturity and denominations of
Local Improvement District No. 97 Bonds and
directing the issuance and sale thereof to Foster
& Marshall Inc., Seattle, Washington.
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN
as follows
Section 1. The total amount of the assessment roll in Local
Improvement District No. 97 of the City of Pasco, Washington, (the
"City") created under Ordinance No. 1851, was $731,430.50. The
thirty -day period for making cash payments of assessments without
interest in the District expired on March 1 , 1978,
and the total amount of assessments paid in cash was $169,834.27,
leaving a balance of assessments unpaid on the assessment roll in
the sum of $561,596.23. Local improvement district bonds of Local
Improvement District No. 97 shall, therefore, be issued in the
total principal sum of $561,596.23. Bond No. 1 shall be in the
denomination of $6,596.23, and the remaining bonds numbered 2 to
112, inclusive, shall be in the denomination of $5,000.00 each.
The bonds shall all be dated May 1, 1978, and shall be payable on
May 1, 1990, with the right reserved to the City to redeem the
bonds prior to maturity on any interest payment date, in numerical
order, lowest numbers first, whenever there shall be sufficient
money in the "Local Improvement Fund, District No. 97," (the
"Bond Fund") created by Ordinance No. 1851, to pay the bonds so
called and all earlier numbered bonds over and above the amount
required for the payment of the interest on all unpaid bonds, by
publishing notice of such call once in the official newspaper of
the City not less than ten nor more than twenty days prior to the
call date, and by mailing notice of such call within the same
period to the principal office of Foster & Marshall Inc., or its
successor, in Seattle, Washington, and upon such date the interest
not accrued on such date shall be void. The bonds shall bear
interest at the rate of 6-3/8% per annum, payable annually, beginning
May 1, 1979, to be represented by interest coupons to maturity
attached to each bond. Both principal of and interest on the Bonds
shall be payable solely out of the Bond Fund and from the Local
Improvement Guaranty Fund of the City. 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 Treasurer 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 2. Each of the bonds and interest coupons attached
thereto shall be in substantially the following form:
No. $5,000.00
($6,596.23 on Bond No. 1)
UNITED STATES OF AMERICA
STATE OF WASHINGTON
LOCAL IMPROVEMENT BOND
OF
CITY OF PASCO
LOCAL IMPROVEMENT DISTRICT NO. 97
6-3/8%
N.B. The laws of the State of Washington under
which this bond is issued contain the following
section (RCW 35-45.070):
"Neither the holder nor owner of any bond, interest
coupon, or warrant issued against a local improvement
fund shall have any claim therefor against the city or
town by which it is issued, except for payment from the
special assessments made for the improvement for which
the bond or warrant was issued and except also for pay-
ment from the local improvement guaranty fund of that city
or town. The city or town shall not be liable to the
holder or owner of any bond, interest coupon, or warrant
for any loss to the local improvement guaranty fund
occurring in the lawful operation thereof. A copy of the
foregoing part of this section shall be plainly written,
printed or engraved on each bond."
THE CITY OF PASCO, WASHINGTON, (the "City") a munici-
pal corporation of the State of Washington, hereby promises
to pay to Foster & Marshall Inc., Seattle, Washington, or
bearer, the sum of
FIVE THOUSAND DOLLARS
($6,596.23 on Bond No. 1)
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in lawful money of the United States of America, with
interest thereon at the rate of 6-3/8% per annum,
payable annually out of the fund established by Ordinance
No. 1851 of the City and known as the "Local Improvement
Fund, District No. 97, " (the "Bond Fund") and not other-
wise, except from the guaranty fund, as herein provided.
Both principal of and interest on this bond..are payable
at the office of the Treasurer of the City, or, at the
option of the holder hereof, at either fiscal agency of
the State of Washington in Seattle, Washington, or New York,.
New York.
Coupons are hereto attached for each installment of
interest to accrue hereon, and interest shall be paid
only on presentation and surrender of such coupons to the
Treasurer of the City.
The City Council of the City, as agent of such Local
Improvement District No. 97, established by Ordinance No.
1851, has caused this bond to be issued in the name of the
City as the bond of such local improvement district, the
bonds or the proceeds thereof to be used to pay so much of
the cost and expense of making -certain improvements, as
provided by Ordinance No. 1851, as is levied and assessed
against the property included in the local improvement
district and benefited by that improvement, and the Bond
Fund has been established by ordinance for that purpose.
The holder or holders of this bond shall look only to the
Bond Fund and to the Local Improvement Guaranty Fund of the
City for the payment of either the principal of or the
interest on this bond.
This bond is one of an issue of 112 bonds aggregating
in all the principal sum of $561,596.23, issued for Local
Improvement District No. 97, all of which bonds are subject
to the same terms and conditions as herein expressed.
This bond is payable on May 1, 1990, but is subject
to call by the Treasurer of the City for prior redemption
whenever there shall be sufficient money in the Bond Fund
to pay the same and all unpaid bonds of the issue of which
this bond is one, which are prior to this bond, in numerical
order, over and above amounts sufficient for the payment of
the interest on all .unpaid bonds of this issue. The call
for payment of this bond, or any bond of this issue of
which this is one, shall be made by the Treasurer of the
City by publishing the same once in the official newspaper
of the City not less than ten nor more than twenty days
prior to the call date, and by mailing notice of such call
within the same period to the principal office of Foster
& Marshall Inc., or its successor, in Seattle, Washington,
and when such call is made for the payment of this bond,
it will be paid on the day the next interest coupon thereon
shall become due after that call and upon that day interest
upon this bond shall cease and any remaining coupons shall
be void.
IT IS HEREBY CERTIFIED, Recited and Declared that all
acts, conditions and things required to be done precedent
to and in the levying of such special taxes or assessments
and the issuing of this bond have been properly done, have
happened and have been performed in regular and due form, as
required by law; and that the bonds of the issueof which
this is one have not been issued in an amount in excess of
the cost of the improvements.
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IN WITNESS WHEREOF, the City has caused this bond
to be signed by the facsimile signature of its Mayor and
attested by the manual signature of its Director of
Finance and ex -officio City Clerk and the seal of the City
affixed thereto and the coupons attached hereto to be
signed by the facsimile signaturesof those officials this
first day of May, 1978.
CITY OF PASCO, WASHINGTON
By (facsimile signature)
Mayor
ATTEST:
Director of Finance and
ex -officio City Clerk
COUPON FORM
Coupon No.
($ on Bond No.l)
ON THE FIRST DAY OF MAY, 19 , THE CITY OF PASCO,
WASHINGTON, promises to pay to bearer at the office of
the Treasurer of the City or, at the option of the holder
hereof, at either fiscal agency of the State of Washington
in Seattle, Washington, or New York, New York, the sum shown
hereon, this sum being twelve months' interest due that day
on Bond No. of the bonds of Local Improvement District
No. 97 and not otherwise, provided that this coupon is
subject to all terms and conditions contained in the bond
to which it is annexed and, if that bond shall be called
for payment before maturity hereof, this coupon shall be
void.
CITY OF PASCO, WASHINGTON
by (facsimile signature)
Mayor
ATTEST:
(facsimile signature)
Director of Finance and
ex -officio City Clerk
Section 3. The bonds shall be printed on lithographed forms,
shall be signed by the facsimile signature of the Mayor and attested
by the manual signature of the Director of Finance and ex -officio
City Clerk (or acting Director) and shall have the seal of the City
affixed thereto, and the coupons shall bear the facsimile signatures
of the Mayor and the Director of Finance and ex -•officio City Clerk
(or acting Director)..
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Section 4. Foster & Marshall Inc., Seattle, Washington, here-
tofore offered to purchase all of the local improvement bonds of Local
Improvement District No. 97 at a price of $100.00 for each $100.00 par
value, plus accrued interest from the date of issuance to the date of
delivery of the bonds to the purchaser, the City to furnish the printed
bonds and the approving legal opinion of Roberst, Shefelman, Lawrence,
Gay & Moch, municipal bond counsel of Seattle, Washington, at the
City's expense. Such opinion shall state that bond counsel has not
reviewed and thus expresses no opinion concerning the completeness
or accuracy of any offering circular, official statement or other
sales material issued or used in connection with the bonds. The
City Council, deeming that no better offer could be received for the
bonds and that it was in the best interests of the City to accept
such offer, duly accepted the same on April 17, 1978, and such
acceptance is hereby ratified and confirmed. The bonds shall, there-
fore, immediately upon their execution, be delivered to Foster &
Marshall Inc., Seattle, Washington, upon payment therefor in accordance
with such offer.
Section 5. This ordinance shall take effect and be in force
five (5) days from and after its passage, approval and publication as
provided by law.
J. C. BAILIE, Mayor
ATTEST:
J S SOMBOROVICH, Acting Director
Wo Finance and ex -officio City Clerk
APPROVED AS TO FORM:
TRICK T. ROACH, City Attorney
PASSED the day of May, 1978.
APPROVED the day of May, 1978.
PUBLISHED the day of May, 1978.
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