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HomeMy WebLinkAbout3042 OrdinanceCITY OF PASCO, WASHINGTON ORDINANCE N0. 0'i@ AN ORDINANCE of the City of Pasco, Washington, relating to contracting indebtedness; providing for the issuance in two series of $4,505,000 par value of limited tax general obligation bonds, 1994, of the City for general City purposes to provide funds with which to pay part of the cost of acquiring, constructing and equipping the City's new civic center, including City government offices and an activity center, and to pay part of the cost of acquiring and constructing a new sports stadium; fixing the date, form, maturities, interest rates, terms and covenants of the bonds; establishing an acquisition fund; providing for bond insurance; and approving the sale and providing for the delivery of the bonds to Seattle -Northwest Securities Corporation of Seattle, Washington. WHEREAS, the City of Pasco, Washington (the "City"), is in need of additional financing to pay part of the costs of acquiring, constructing and equipping the City's new civic center at the site of the McLaughlin School, including City government offices and an activity center, and to pay part of the cost of acquiring and constructing a new sports stadium (through repayment of an interfund loan from the Stadium and Convention Center Fund to the General Fund), the estimated additional cost of which is $4,530,000, and the City does not have available sufficient funds to pay those costs; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, 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 1994 is $453,075,311, and the City has outstanding general indebtedness 0144092.01 evidenced by limited tax general obligation bonds, installment contracts and financing leases in the principal amount of $2,015,000 incurred within the limit of up to 1.5% of the value of the taxable property within the City permitted for general municipal purposes without a vote of the qualified voters therein (which includes a contractual commitment to enter into a $1,450,000 financing lease with Franklin County for the City's share of the TRAC Project), unlimited tax general obligation bonds in the principal amount of $4,800,000 incurred within the limit of up to 2-1/2% of the value of the taxable property within the City for capital purposes only, and no unlimited tax general obligation bonds within the additional limits for parks and open space and utility purposes 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 $4,505,000. In addition, the City, at or before the time it will issue the bonds authorized herein, will defease a lease -purchase contract and certificates of participation secured by that contract and exercise and pay purchase options on additional lease -purchase contracts so that that indebtedness no longer will be outstanding. Section 2. Authorization of Bonds. The City shall borrow money on the credit of the City and issue negotiable limited tax general obligation bonds in two series evidencing that indebtedness in the total amount of $4,505,000 for general City purposes to provide the funds to pay part of the cost of acquiring, constructing and equipping a new civic center located at McLaughlin School, to include City government offices and an activity center, 0144092.01 -2- and to pay part of the cost of acquiring and constructing a new sports stadium (through repayment of an interfund loan from the Stadium and Convention Center Fund to the General Fund of the City) (collectively, 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 1.5% 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 (collectively, the "Bonds") shall be issued in two series; shall be dated August 15, 1994; 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 December 1, 1994, and semiannually thereafter on each succeeding June 1 and December 1. The first series shall be called Limited Tax General Obligation Bonds, 1994, Series A, of the City (the "Series A Bonds"); shall be in the aggregate principal amount of $780,000; and shall mature on December 1 in years and amounts and bear interest at the rates per annum as follows: 0144092.01 -3- Maturity Interest Years Amounts Rates 1995 $260,000 5.00% 1996 260,000 5.00 1997 260,000 5.00 The second series shall be called Limited Tax General Obligation Bonds, 1994, Series B, of the City (the "Series B Bonds"); shall be in the aggregate principal amount of $3,725,000; and shall mature on December 1 in the years and amounts and bear interest at the rates per annum as follows: Maturity Interest Years Amounts Rates 1997 $ 10,000 5.00% 1998 75,000 5.00 1999 75,000 5.00 2000 160,000 5.10 2001 165,000 5.20 2002 175,000 5.30 2003 185,000 5.40 2004 195,000 5.50 2005 205,000 5.60 2006 215,000 5.70 2007 230,000 5.80 2008 245,000 6.00 2009 255,000 6.00 2010 270,000 6.10 2014 1,265,000 6.25 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. 0144092.01 -4- 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 series, 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 15 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 15th 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 and Open Market Purchase of Bonds. The Series A Bonds shall be issued without the right or option of the City to redeem them prior to their stated maturity dates. Series B Bonds maturing in the years 1997 through 2004, inclusive, shall be issued without the right or option of the City to redeem them prior to their stated maturity dates. The City reserves the right and option to redeem Series B Bonds maturing on or after December 1, 2005, prior to their stated maturity dates, at 0144092.01 -5- any time on or after December 1, 2004, in 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), at par plus accrued interest to the date fixed for redemption. Bonds maturing in 2014 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 December 1 in years and amounts as follows: Mandatory Mandatory Redemption Redemption Years Amounts 2011 $290,000 2012 305,000 2013 325,000 2014 (maturity) 345,000 If 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 par amount of the Term Bonds so redeemed or purchased (irrespective of their actual redemption or purchase prices) shall be credited against one or more scheduled mandatory redemption amounts for those Term Bonds (as allocated by the City) beginning not earlier than 60 days after the date of the optional redemption or purchase, and the City shall promptly notify the Bond Registrar in writing of the manner in which the credit for the Term Bonds so redeemed or purchased has been allocated. Portions of the principal amount of any Bond, in installments of $5,000 or any integral multiple thereof, may be redeemed. If 0144092.01 -6- 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 any price deemed reasonable by the City plus accrued interest to the date of purchase. All Bonds purchased or redeemed under this section shall be canceled. Section 7. Notice of Redemption. 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 Ratings 0144092.01 -7- Group 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, to the Municipal Bond Investors Assurance Corporation (the "Bond Insurer") at its principal office in Armonk, New York, 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. 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 0144092.01 -8- 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 and 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 Pasco, Washington, Limited Tax General Obligation Bonds, 1994, [Series A] [Series B], described in the Bond Ordinance. WASHINGTON STATE FISCAL AGENCY Bond Registrar By Authorized Signer 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 0144092.01 -9- 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. 2838 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 0144092.01 -10- 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 the arbitrage rebate requirement of Section 148 of the Internal Revenue Code of 1986, as amended (the "Code"), is applicable to the Bonds, take all actions necessary to comply (or to be treated as having complied) with that requirement 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 not be relied upon. Section 13. Bonds Negotiable. The Bonds shall be negotiable instruments to the extent provided by RCW 62A.8-102 and 62A.8-105. Section 14. Advance Refunding or Defeasance of the Bonds. The City may issue advance refunding bonds pursuant to the laws of 0144092.01 -11- 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, 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. If the principal of and/or interest due on the Bonds is paid by the Bond Insurer pursuant to the policy issued by the Bond Insurer insuring the payment of the principal of and interest on the Bonds (the "Municipal Bond Insurance Policy"), the Bonds shall 0144092.01 -12- not be considered paid by the City, and the covenants, agreements and other obligations of the City to the registered owners shall continue to exist and the Bond Insurer shall be subrogated to the rights of the registered owners. Section 15. 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, 1994 (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 has previously been created and established in the office of the City Finance Director special funds designated as the Civic Center Construction Fund (the "Construction Fund") and the Stadium and Convention Center Fund (the "Stadium Fund"). The principal proceeds, and premium, if any, received from the sale and delivery of the Bonds shall be paid into the Construction Fund, except that $500,000 of the proceeds of the Series B Bonds shall be paid into a special account for stadium construction in the Stadium Fund, and used for the purposes specified in Section 2 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 Fund and Stadium Fund and be spent for the purposes of those funds. All taxes collected for and allocated to the payment of the 0144092.01 -13- principal of and interest on the Bonds shall be deposited in the Bond Fund. Section 16. 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 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 17. Preliminary Official Statement Deemed Final. The City Council has been provided with copies of a preliminary 0144092.01 -14- official statement dated August 8, 1994 (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 18. Temporary Bonds. 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 for each series in the total principal amount of the Bonds. The temporary Bonds shall bear the same date of issuance, interest rates, principal payment dates and terms and covenants as the definitive Bonds, shall be issued as fully registered Bonds in the name of the purchaser, and otherwise shall be in a form acceptable to the purchaser. The temporary Bonds shall be exchanged for definitive Bonds as soon as they are printed, executed and available for delivery. Section 19. Bond Insurance. The City Council finds that it is in the City's best interest to purchase, and that a savings will result from purchasing, from Municipal Bond Investors Assurance Corporation (the "Bond Insurer") the Municipal Bond Insurance Policy for the Bonds. The City shall purchase from the Bond Insurer the Municipal Bond Insurance Policy insuring the prompt 0144092.01 -15- payment of the principal of and interest on the Bonds and agrees to the conditions for obtaining that policy, including the payment of the premium therefor and the following provisions entitled "Payments under the Policy" required by the Bond Insurer to be included in this ordinance: "A. In the event that, on the second Business Day, and again on the Business Day, prior to the payment date on the Obligations, the Paying Agent has not received sufficient moneys to pay all principal of and interest on the Obligations due on the second following or following, as the case may be, Business Day, the Paying Agent shall immediately notify the Insurer or its designee on the same Business Day by telephone or telegraph, confirmed in writing by registered or certified mail, of the amount of the deficiency. "B. If the deficiency is made up in whole or in part prior to or on the payment date, the Paying Agent shall so notify the Insurer or its designee. "C. In addition, if the Paying Agent has notice that any Bondholder has been required to disgorge payments of principal or interest on the Obligation to a trustee in Bankruptcy or creditors or others pursuant to a final judgment by a court of competent jurisdiction that such payment constitutes a voidable preference to such Bondholder within the meaning of any applicable bankruptcy laws, then the Paying Agent shall notify the Insurer or its designee of such fact by telephone or telegraphic notice, confirmed in writing by registered or certified mail. "D. The Paying Agent is hereby irrevocably designated, appointed, directed and authorized to act as attorney-in-fact for Holders of the Obligations as follows: "1. If and to the extent there is a deficiency in amounts required to pay interest on the Obligations, the Paying Agent shall (a) execute and deliver to Citibank, N.A., or its successors under the Policy (the "Insurance Paying Agent"), in form satisfactory to the Insurance Paying Agent, an instrument appointing the Insurer as agent for such Holders in any legal proceeding related to the payment of such interest and an assignment to the Insurer of the claims for interest to which such deficiency relates and which are paid by the Insurer, (b) receive as designee of the respective Holders (and not as Paying Agent) in accordance with the tenor of the Policy payment from the Insurance Paying Agent with respect to the claims 0144092.01 -16- for interest so assigned, and (c) disburse the same to such respective Holders; and 112. If and to the extent of a deficiency in amounts required to pay principal of the Obligations, the Paying Agent shall (a) execute and deliver to the Insurance Paying Agent in form satisfactory to the Insurance Paying Agent an instrument appointing the Insurer as agent for such Holder in any legal proceeding relating to the payment of such principal and an assignment to the Insurer of any of the Obligation surrendered to the Insurance Paying agent of so much of the principal amount thereof as has not previously been paid or for which moneys are not held by the Paying Agent and available for such payment (but such assignment shall be delivered only if payment from the Insurance Paying Agent is received), (b) receive as designee of the respective Holders (and not as Paying Agent) in accordance with the tenor of the Policy payment therefor from the Insurance Paying Agent, and (c) disburse the same to such Holders. "E. Payments with respect to claims for interest on and principal of Obligations disbursed by the Paying Agent from proceeds of the Policy shall not be considered to discharge the obligation of the Issuer with respect to such Obligations, and the Insurer shall become the owner of such unpaid Obligations and claims for the interest in accordance with the tenor of the assignment made to it under the provisions of this subsection or otherwise. "F. Irrespective of whether any such assignment is executed and delivered, the Issuer and the Paying Agent hereby agree for the benefit of the Insurer that, 111. They recognize that to the extent the Insurer makes payments, directly or indirectly (as by paying through the Paying Agent), on account of principal of or interest on the Obligations, the Insurer will be subrogated to the rights of such Holders to receive the amount of such principal and interest from the Issuer, with interest thereon as provided and solely from the sources stated in this Indenture and the Obligations; and 112. They will accordingly pay to the Insurer the amount of such principal and interest (including principal and interest recovered under subparagraph (ii) of the first paragraph of the Policy, which principal and interest shall be deemed past due and not to have been paid), with interest thereon as provided in this Indenture and the Obligations, but only from the sources and in 0144M.o1 -17- the manner provided herein for the payment of principal of and interest on the Obligations to Holders, and will otherwise treat the Insurer as the owner of such rights to the amount of such principal and interest. "G. In connection with the issuance of additional Obligations, the Issuer shall deliver to the Insurer a copy of the disclosure document, if any, circulated with respect to such additional Obligations. "H. Copies of any amendments made to the documents executed in connection with the issuance of the Obligations which are consented to by the Insurer shall be sent to Standard & Poor's Corporation. "I. The Insurer shall receive notice of the resignation or removal of the Paying Agent and the appointment of a successor thereto. "J. The Insurer shall receive copies of all notices required to be delivered to Bondholders and, on an annual basis, copies of the Issuer's audited financial statements and Annual Budget. "Notices" Any notice that is required to be given to a holder of the Obligation or to the Paying Agent pursuant to the Indenture shall also be provided to the Insurer. All notices required to be given to the Insurer under the Indenture shall be in writing and shall be sent by registered or certified mail addressed to Municipal Bond Investors Assurance Corporation, 113 King Street, Armonk, New York 10504 Attention: Surveillance." Section 20. Effective Date of Ordinance. This ordinance shall take effect and be in force from and after its passage and 0144092.01 -18- five days following its publication as required by law. PASSED by the City Council of the City of Pasco, Washington, at a regular open public meeting thereof, this 15th day of August, 1994 and signed in authentication of its passage this day of August, 1994. c� C1G cam, Mayor ATTEST: City Clerkesu y 0144092.01 -19- I, DANIEL L. UNDERWOOD, City Clerk of the City of Pasco, Washington, certify that the attached copy of Ordinance No. is a true and correct copy of the original ordinance passed on the day of , 1994, as such ordinance appears on the Minute Book of the City. DATED this day of 0144092.01 . 1994. DANIEL L. UNDERWOOD, City Clerk 'Y FINANCE DEPARTMENT (509) 545-3401 / Scan 726-3401 / Fax (509) 545-3403 P.O. BOX 293,412 WEST CLARK, PASCO, WASHINGTON 99301 August 17, 1994 Tri -City Herald P.O. Box 2608 Pasco, Wa 99302 Dear Kathy: Please publish the attached titles of Ordinance(s) No. 3040, and 3042 on the following date: August 21, 1994 Please send two (2) Affidavits of Publication for each. Thank you, Catherine D. Seaman Deputy City Clerk 545-3402 cds * No attachments or maps included. -P.O. BOX 2608 PASCO, WASHINGTON 99302-2608 PHONE (509) 582-1500 LEGAL ADVERTISING INVOICE SOLD TO: PASCO, CITY OF LEGALS P.O. BOX 293 PASCO WA 99:701. DATE: 03 / 21 / 94 v LEGAL NO. # 149'3 ACCOUNT NO. 50550 DESCRIPTION: 1499 CITY OF PASCO, WASHT TIMES: 001 INCHES: 3.70 TOTAL $ 39.12 NOTICE: This is an Invoice for legal advertising space. Please pay from this invoice as no statement will be rendered. 1✓ Please detach at perforation and return with payment. AFFIDAVIT OF PUBLICATION COUNTY OF BENTON /) STATE OF WASHINGTONa ) "' CARLA ALFORD , being duly sworn, deposes and says, I am the Legal Clerk of the Tri -City Herald, a daily newspaper. That said newspaper is a legal newspaper and has been approved as a legal newspaper by order of the superior court in the county in which it is published and it is now and has Lbeen for more than six months prior to the date of the publication ci hereinafter referred to, published countinually as a daily newspa- per in Benton County, Washington. That the attached is a true 494 loicopyofa 1499 CITY OF PASCO, WASH I as it was printed in the regular and entire issue of the Tri -City Herald DE�rycc pEPitself and not in a supplement thereof, 1 time(s), PTcommencing on 03/21/94 , and ending on 03/21/94 , and that said newspaper was regulary distributed to its subscribers during all of this period. SUBSCRIBED AND SWORN BEFORE ME THIS DAY OF tk4a:aj,4-_ �g A• G@T y��-\5510N �P CyF " NOTARy cr• ' pti i31—NG z \0F WA'SN,�i� Notary public in and for the State of Wash- ington, residing at PASCO WA ' COMMISSION EXPIRES < TRANSACTION REPORT > C T RAN SM I T I NO. DATE TIME DESTINATION STATION 08-17-1994(WED) 09:1S PG. DURATION MODE RESULT 4393 8-17 09:09 15095821453 1S 0°05'56" NORM.E OK 15 0°05'56"