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HomeMy WebLinkAbout2306 Ordinancea CITY OF PASCO, WASHINGTON 2 -, ORDINANCE NO. 2306 AN ORDINANCE fixing the amount, form, date, interest rate, maturity and denominations of Local Improvement District No. 114 Bonds and directing the issuance and sale thereof to Foster & Marshall Inc. of 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. 114 in the City of Pasco, Washington (the "City"), created under Ordinance No. 2276 passed September 8, 1981, was $488,322.28. The 30-day period for making cash payments of assessments without interest in the District expired on September 21, 1981, and the total amount of assessments paid in cash was $35,237.16, leaving a balance of assessments unpaid on the assess- ment roll in the sum of $453,085.12. Local improvement district bonds of Local Improvement District No. 114 shall, therefore, be issued in the total principal sum of $453,085.12. Bond No. 1 shall be in the denomination of $3,085.12, and the remaining bonds numbered 2 to 91, inclusive, shall be in the denomination of $5,000.00 each. The bonds shall all be dated October 15, 1981, and shall be payable on October 15, 1993, 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. 114," created by Ordinance No. 2276, 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 or, if there is no official newspaper, then in a newspaper a. of general circulation in the City, not less than 10 nor more than 20 days prior to the call date, and by mailing a copy of such notice within the same period to the main office of Foster & Marshall, Inc., in Seattle, Washington, and upon such 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 15 8 4 % bonds number 1 to 48 , inclusive, shall bear interest at the rate of 15 5 % per annum, and bonds number 4 9 to 91 , inclusive, shall bear interest at 16 % per annum. Interest shall be payable j annually, beginning October 15, 1982, to be repre- sented by interest, coupons to maturity attached to each bond. Both principal and interest on the bonds shall be payable solely out of the Bond Fund and from the Local Improvement Guaranty Fund of the City, and shall be payable in lawful money of the United States of America at the office of the City Treasurer or, at the option of the holder, at either fiscal agency of the State of Washington in Seattle, Washington, or New York, New York. Section 2. The bonds and coupons shall be printed or lithographed on engraved paper in a form consistent with this ordinance and state law. The bonds shall be signed by the facsimile signature of the Mayor and attested by the manual signature of the City Clerk and shall have a facsimile reproduction of the seal of the City imprinted thereon, and the coupons shall bear the facsimile signatures of the Mayor and the City Clerk. Section 3. Foster & Marshall, Inc., of Seattle, Washington, has submitted an offer 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 (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 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 City Council, deeming that it is in the best interest of the City that such offer be accepted, hereby accepts the same. The bonds shall, therefore, °immediately upon their execution, be delivered to Foster & Marshall Inc., Seattle, Washington, upon payment therefor in accordance with such offer. Section 4. This ordinance shall take effect 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 Pasco, Washington, at a regular open public meeting thereof, on the 5th day of October, 1981. OP -411631P% ArAW4/i APPROVED AS TO FORM: City of Pasco , `3 Washington Ordinance No 2306 An ordinance fixing the amount form date, interest rate maturity and denomi nations of Local Improve ment District No 114 Bonds and directing the issuance and sale thereof to Foster & Marshall Inc of Seattle ,Washington iThe City Council of the City– of Pasco Washington do ordain as follows 0 Section 1 The total ,amount of the assessment roll in Local improvement District No 114 in the City of Pasco Washington (the City ) created under Orch nonce No 2276 passed Sep- tember 8 1981, was $488 322 28 The 30 day pen ad for making cash Pay ments of assessments without interest in the Dis trict expired on September 21, 1981 and the total amount of assessments paid In cash was $35 237 16 leav mg a bvlance of Assess . ments npaid on the assessment roll in the sum of $453,085 12 Local im provement _district bonds of Local Improvement District _No 114 shall therefore, be issued In the total principal sum of $453 085 12 Bond No 1 shall be in the deno- mination of $3 085 12, and the remaining bonds num bered 2 to 91, inclusive shall be in the denomination of $5,000 00 each The bonds shall all be dated October 15 1981 and shall be Pay able on October 15, 1993 with the right reserved to the City to redeem the bonds prior to maturity on any interest payment dote in numerical order, lowest numbers first, whenever there shall be sufficient money in the Local Im provement Fund District No 114 created by Ordi nonce No 2276 to pay the bonds so called and all ear her numbered bonds over and above the amount re- quired for the Payment of the interest on all unpaid bonds, by Publishing notice of such call once in the of tidal newspaper of the City or if there is no official newspaper then in a news paper of general circulation in the City not less than 10 nor more than 20 days On or to the call date and by mailing a copy of such no tice within the same period to the main office of Foster & Marshall, Inc in Seattle Washington and upon such date the interest on bonds so called shall cease and each and every coupon rep- resenting interest not accru- ed on such date shall be void The bonds shall bear interest at the rate of 15 84% bonds number 1 to 48, inclusive shall bear in terest at the rate of 155% Per annum and bonds num ben 49 to 91 Inclusive shall bear interest at 16% per annum Interest shall be Payable annually beginning October 15 1982, to be rep resented by interest cou pons to maturity attached to each bond Both grind pal and interest on the bonds shall be. payable so lely out of the Bond Fund and from the Local Pm provement Guaranty Fund of the City and shall be Payable in lawful money of the United States of Amer ica at the office of the City Treasurer or at the option of the holder at either tis cal agency of the State of Washington In Seattle Washington or New York, New York Section 2 The bonds and coupons shall be printed or lithographed on engraved paper in a form consistent with this ordinance and state law The bonds shall be signed by the facsimile signature of the Mayor and attested by the manual sig- nature of he City Clerk and 'shall have a facsimile reproduction of the seal of the City irnprinted thereon, and the coupons shall bear the facsimilb signatures of the Mayor and the City Clerk Section 3 Foster & Mar shall, Inc , of Seattle, Wash ington, has submitted an offer 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 & Shefel man (Roberts Shefelman, Lawrence, Gay & Mach), municipal bond counsel of Seattle Washington, at the City s expense Bond coun sel shall not be required to review nor express any opinion concerning the com pieteness or accuracy of any official -statement,,.offer Ing circular or other sales material issued or used In AFFIDAVIT OF PUBLICATION COUNTY OF Franklin ) )ss STATE OF WASHINGTON ) Phyllis Graves , being first duly sworn on oath deposes and says she is the Principal 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 been for more than six months prior to the date of the publication hereinafter referred to, published in the English language continually as a daily news- paper in Fr ankl In County, Washington, and is now and during all of said time was printed in an office maintained at the aforesaid place of publication of said newspaper That the annexed is a true copy of a legal advertisement Ord. # 2306 as it was printed in the regular and entire issue of the Tr-City Herald itself and not in a supplement thereof, for a period of on the 16th day of Oct. ending on the day of , 19 , and that said newspaper was regularly distributed to its subscribers during all of this period That the full amount of $ 112.20 has been paid in full, also at the rate of one time Ememouteduzcommencing ,19 81 , and 17 in.@ 6.60 = 112.20 _ Council deeming that it is the best interest of the City that such offer be ac cepted, hereby accepts the same The bonds shall, therefore, Immediately upon their execution, be delivered to Foster & Marshall Inc, Seattle Washington, upon payment therefor in accord once with such offer Section 4 This ordinance shall take effect from and after its passage and five (5) days following its pub lication as required by law Passed by the City Coun cil and approved by the Mayor of the City of Pasco, Washington at a regular open public meeting thereof, on the 12th day of October 1981 S Ira L Schmidt Mayor Attest S Evelyn Wells City Clerk Approved as to form S Greg A Rabstello City Attorney Legal No 11649 — Oct 1981 Subscribed and sworn to before me this 16 22ndd ay of Oct. Notary Public in and for the State of Washington, residing at Pasco ,19 81