HomeMy WebLinkAbout2767 OrdinanceOE JAC ON, Mayor
APP VED AS
ELLS, City Clerk G G A. RUBSTELLO, City Attorney
2767
ORDINANCE NO.
AN ORDINANCE creating the Industrial Wastewater Treatment
Development Fund and new Chapter 3.123 of the Pasco
Municipal Code.
WHEREAS, the City Council has approved a lease-purchase
agreement for certain real property necessary for facilities for
industrial wastewater treatment contemplated by the City; and
WHEREAS, the agricultural use of said real property will
generate certain revenues and the lease-purchase payments will
require certain expenses; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. New Chapter 3.123 of the Pasco Municipal
Code is hereby created, which Chapter shall read as follows:
CHAPTER 3.123
INDUSTRIAL WASTEWATER
TREATMENT DEVELOPMENT FUND
Section:
3.123.010 Created.
3.123.020 Purpose.
3.123.010 CREATED. A fund to be known as the
Industrial Wastewater Treatment Development Fund is
hereby established.
3.123.020 PURPOSE. The fund is to provide for the
proper receipting and disbursement of funds utilized,
borrowed, received, and expended in connection with the
lease-purchase agreement for certain real property
necessary to facilitate industrial wastewater treatment
development and for the development of facilities on
such real property.
Section 2. This Ordinance shall take effect five (5)
days after passage and publication.
PASSED by the City Council and APPROVED by the Mayor this
5th day of February, 1990.
1
ew
Sinc
velyn Wells
City Clerk
February 6, 1990
Tri City Herald
P.O. Box 2608
Pasco, Washington 99302
Gentlemen:
Please publish Ordinance No. 2767 on the following date:
February 9, 1990
Please send two (2) Affidavits of Publication.
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO
ORDAIN as follows
Section 1 Approval of the Lease/Purchase Agreement The
City Council finds it to be in the best interest of the City to
lease the Property, with an option to purchase the Property, on
substantially the terms and conditions set forth in the
Lease/Purchase Agreement The term of the Lease/Purchase
Agreement shall not exceed 10 years, and the sum of all rentals
payable by the City under the Lease/Purchase Agreement shall not
exceed $5,000,000
Section 2 Execution of Documents The Mayor, the Clerk
or other appropriate officers or employees of the City are
authorized and directed to execute and deliver the
Lease/Purchase Agreement in substantially the form attached as
Exhibit A, together with such modifications as are consistent
with the purposes of this ordinance and the Lease/Purchase
Agreement The Mayor, the Clerk and other officers and
employees of the City are further authorized to execute and
deliver all documents necessary in connection with the execution
of the Lease/Purchase Agreement, and to execute such other
documents and take such other actions as are reasonable and
necessary to carry out the purposes of this ordinance
Section 3 Payment under the Lease/Purchase Agreement
The full faith, credit and resources of the City are pledged
irrevocably for the payment of all rentals payable under the
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Lease/Purchase Agreement, and the City pledges to budget and
appropriate from annual taxes and other revenues available to
the City without a vote of the electors of the City amounts
sufficient, together with other money legally available
therefor, to pay from the General Fund or such other available
fund all rentals payable under the Lease/Purchase Agreement as
the same shall come due
Section 4 Appointment and Duties of Registrar
Seattle-First National Bank, as fiscal agent of the State of
Washington, is appointed registrar and paying agent (the
"Registrar") for the Lease/Purchase Agreement and shall fulfill
the duties of Registrar in accordance with Chapter 39 46 RCW
The Lease/Purchase Agreement may be assigned only in whole, and
may not be assigned or transferred except on the books of the
Registrar
Section 5 Nonapplicability of Competitive Bidding
Requirement The City Council of the City finds and determines
that its leasing of the Property with an option to purchase that
Property involves no construction of public works, that it
involves only the purchase of land and certain existing
irrigation fixtures and equipment on the land that Lessor
requires to be leased with the land, that the Property is
uniquely located in close proximity to an industrial area of the
City devoted to food processing activities that the City expects
to be served by future additional wastewater treatment
facilities that will utilize the Property as part of the
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May
wastewater treatment system, and that, for these reasons, the
Property is effectively available only from Lessor and is
subject to special market conditions, as a result of which the
requirements of RCW 35 23 352 are not applicable to the
Lease/Purchase Agreement
Section 6 Ratification All actions heretofore taken by
the City consistent with the provisions of this ordinance are
ratified and confirmed
PASSED by the City Council and APPROVED by the Mayor of the
City of Pasco, Washington, at a regular open public meeting
thereof this t‘ day of January, 1990
CITY OF PASCO WASHINGTON
APP ED AS TO FORM PUBLISHED IP
4 _.. I 4 ret i/
cit attorney;
WGT -66*
-3-
January 24, 1990
Tri City Herald
P.O. Box 2608
Pasco, Washington 99302
Gentlemen:
Please publish Ordinance No. 2766 on the following date:
January 27, 1990
Please send two (2) Affidavits of Publication.
Evelyn Wells
City Clerk
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••• !NI • am L.ctartt-N4.) ,,Ju ."--)1706
P0 BOX 2608
PASCO, WASHINGTON
(509) 582-1500
99302-2608 ACCOUNT NO 50550
LEGAL ADVERTISING
INVOICE
DESCRIPTION Ordinance No. 2766.
TIMES 001 LINES 204
SOLD TO
Clty of Pasco
P.O. Box 293
Pasco
WA 99301
TOTAL $ 154.64
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SUBSCRIBED AND SWORN BEFORE ME THIS clq
DAY OF kia rut° 44i
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Notary public in and for the State of Wash-
ington, residing at PAblO
COMMISSION EXPIRES