HomeMy WebLinkAbout2048 OrdinanceCITY OF PASCO, WASHINGTON
ORDINANCE No. 2048.
AN ORDINANCE establishing Consolidated Local
Improvement District No. 98 to 102, inclusive, and
"Consolidated Local Improvement Fund, District
No. 98 to 102, inclusive"; and fixing the amount,
form, date, interest rate, maturity and denomina-
tions of the Consolidated Local Improvement District
No. 98 to 102, inclusive, Bonds; and directing the
issuance and sale thereof to Foster & Marshall Inc.
of Seattle, Washington.
WHEREAS, the City Council of the City has heretofore created
Local Improvement Districts Nos. 98, 99, 100, 101 and 102 for various
purposes; and
WHEREAS, Chapter 44, Laws of the State of Washington, 1967,
Ex. Sess. (RCW 35.45.160), authorizes the establishment of consolidated
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 districts, the money
received from the installment payment of the principal of and interest
on assessments levied within original local improvement districts shall
be deposited in a consolidated local improvement district bond redemp-
tion fund to be used to redeem outstanding consolidated local
improvement district bonds; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN
as follows:
Section 1. For the purpose of issuing bonds only, those
local improvement districts of the City of Pasco, Washington, established
by the following ordinances, respectively, 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 district to be known and designated as "Consolidated Local
Improvement District No. 98 to 102, inclusive":
Local Improvement
District
98
99
100
101
102
Created by
ordinance No.
1945
1975
1976
1977
1978
Section 2. There is hereby created and established in the
office of the City Treasurer of the City of Pasco for Consolidated Local
Improvement District No. 98 to 102, inclusive, a special consolidated
local improvement district fund to be known and designated as "Con-
solidated Local Improvement Fund, District No. 98 to 102, inclusive,"
(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 1 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 outstanding Consoli-
dated Local Improvement District No. 98 to 102, inclusive, Bonds.
Section 3. "Consolidated Local Improvement District No. 98
to 102, inclusive, Bonds" (hereinafter called the ."Bonds"), shall be
issued in the total principal sum of $737,880.70, being the total amount
on the assessment rolls of Local Improvement Districts Nos. 98 to 102,
-2-
inclusive, remaining uncollected after the expiration of the 30 -day
interest free prepayment period. Bond No. 1 shall be in the denomination
of $2,880.70, and the remaining Bonds numbered 2 to 148, inclusive, shall
be in the denomination of $5,000.00 each. The Bonds shall all be dated
May 1, 1979, and shall be payable on May 1, 1991, 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 Bond Fund to pay the Bonds so called and all
lower 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 within the same
period a copy of such notice of call to the main offices of Foster &
Marshall Inc. in Seattle, Washington, or its successor. Upon such call
date the interest on Bonds so called shall cease and each and every
coupon representing interest not accrued on such date shall be void.
The Bonds shall bear interest at the rate of 6.80 per
annum, payable annually, beginning May 1, 1980, to be'represented by
interest coupons to maturity attached to each Bond.
Section 4. Each of the Bonds and interest coupons attached
thereto shall be in substantially the following.form:
No. $5,000.00
$2,880.70 on Bond No. 1)
UNITED STATES OF AMERICA
STATE OF WASHINGTON
CITY OF PASCO
CONSOLIDATED LOCAL IMPROVEMENT
DISTRICT NO. 98 TO 102, INCLUSIVE, BOND
-3-
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 improve-
ment fund shall have any claim therefor against the
city or town by which it is issued, except for pay-
ment from the special assessments made for the
improvement for which the bond or warrant was issued
and except also for payment from the local improvement
guaranty fund of the city or town as to bonds issued
after the creation of a 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
municipal corporation of the State of Washington,
hereby promises to pay to bearer, on the FIRST DAY
OF MAY, 1991, the sum of
FIVE THOUSAND DOLLARS
($2,880.70 on Bond No. 1)
in lawful money of the United States of America, with
interest thereon at the rate of � n� % per annum, pay-
able annually out of the consoliM—f-ed fund established
by Ordinance No. of the City and known as "Consoli-
dated Local Improvement Fund, District No. 98 to 102,
inclusive" (the "Bond Fund"), and not otherwise,
except from the City's 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, at either fiscal agency of the
State of Washington in Seattle, Washington, or New
York, New York.
A coupon is hereto attached for each installment
of interest to accrue hereon, and interest shall be
paid only on presentation and surrender of such
coupon to the City Treasurer or either such fiscal
agent.
The City Council of the City, as agent of Consoli-
dated Local Improvement District No. 98 to 102, inclu-
sive, established by Ordinance No. , has caused
-4-
this bond to be issued in the name of the City as the
bond of such consolidated local improvement district,
the proceeds thereof to be used to pay so much of
the cost and expense of certain improvements as
provided by the following ordinances of the City
establishing the following local improvement districts
respectively:
Local Improvement
District
98
99
100
101
102
Created by
Ordinance No.
1945
1975
1976
1977
1978
as is levied and assessed against the property
included in the consolidated local improvement
district and benefited by those improvements, 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 a consolidated issue of 148
bonds aggregating in all the principal sum of
$737,880.70 issued for Consolidated Local Improvement
District No. 98 to 102, inclusive, all of which bonds
are subject to the same terms and conditions as
herein expressed.
This bond is payable on May 1, 1991, 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 un-
paid bonds of the issue of which this bond is one,
which are prior to this bond, in numerical order,
over and above the amount required 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 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 within the same period
a copy of such notice of call to the main offices
of Foster & Marshall Inc. in Seattle, Washington, or
its successors. When such call is made for the
payment of this bond, it will be paid on the date
-5-
the next interest coupon thereon shall become due
after that call and upon such date the interest on
bonds so called shall cease and each and every coupon
representing interest not then accrued on such date
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
and assessments and the issuing of this bond have
been properly done, have happened and have been per-
formed in regular and due form, as required by law;
and that the bonds of this issue of which this is
one have not been issued in an amount in excess of
the cost of the improvements.
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 City Clerk
and its corporate seal to be hereto affixed, and the
interest coupons attached to be signed with the fac-
simile signatures of those officials this first day
of May, 1979.
ATTEST:
City Clerk
CITY OF PASCO, WASHINGTON
By (facsimile signature)
Mayor
COUPON FORM
Coupon No.
($ on Bond No. 1)
(Unless the bond referred to below has been previously
redeemed) On the FIRST DAY OF MAY, 19—, the CITY
OF PASCO, WASHINGTON, promises to pay to bearer at
the office of the City Treasurer of the City, or, at
the option of the holder, at either fiscal agency of
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.
r
t'
of the bonds of Consolidated Local Improvement District
No. 98 to 102, inclusive, 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)
City Clerk
Section 5. 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 City Clerk and shall have the seal of
the City affixed thereto, and the coupons shall bear the facsimile
signatures of the Mayor and the City Clerk.
Section 6. Foster & Marshall Inc. of Seattle, Washington,
has offered 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, 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 con-
cerning 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 is in the best interest of the City to accept
such offer, hereby accepts the same. The Bonds shall, therefore,
-7-
immediately upon their execution, be delivered to Foster & Marshall
Inc., Seattle, Washington, upon payment therefor in accordance with
such offer.
PASSED by the City Council of the City of Pasco, Washington,
at a regular open public meeting thereof, and APPROVED by the Mayor
of the City this 16th day of April, 1979.
Mayor
AT ST:
City Clerk
FORM APPROVED:
r
City Attorney
Published: