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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 02/04/2014 CITY OF KENT Agenda City Council Meeting ( 1i ��eo�, l ,rt� rrro � m®roa ar February 4, 2014 Mayor Suzette Cooke Darla Ralph, Council President Councilmembers Jim Berrios Bill Boyce Dennis Higgins ' f Deborah Ranniger Les Thomas CIFY CLERK y r This page intentionally left blank. KENT CITY COUNCIL AGENDAS KENT February 4, 2014 w s v ro Council Chambers Mayor Suzette Cooke Council President Dana Ralph Councilmember Jim Berrios Councilmember Bill Boyce Councilmember Dennis Higgins Councilmember Deborah Ranniger Councilmember Les Thomas ********************************************************************* SPECIAL COUNCIL WORKSHOP AGENDA 5:00 P.M. Subiect Speaker Time 2014 Top Departmental Issues Tom Brubaker 90 min COUNCIL MEETING AGENDA 7:00 p.m. 1. CALL TO ORDER/FLAG SALUTE 2. ROLL CALL 3. CHANGES TO AGENDA A. FROM COUNCIL, ADMINISTRATION, OR STAFF B. FROM THE PUBLIC — Citizens may request that an item be added to the agenda at this time. Please stand or raise your hand to be recognized by the Mayor. 4. PUBLIC COMMUNICATIONS A. Public Recognition B. Community Events C. Introduction of new Arts Commission Appointee, Lynn Bohart D. Introduction of new Land Use and Planning Board Appointee, Katherine Jones and Re-Appointee, Barbara Phillips E. Intergovernmental Reports 5. PUBLIC HEARINGS 6. PUBLIC COMMENT 7. CONSENT CALENDAR A. Minutes of Previous Meetings and Workshop — Approve B. Payment of Bills — Approve C. Appointment to Arts Commission — Confirm D. Appointments to Land Use and Planning Board - Confirm (Continued) COUNCIL MEETING AGENDA CONTINUED E. Refunding 2004 Limited Tax General Obligation Bond Ordinance — Adopt F. Budget Certification for Annexation Sales Tax Credit Resolution — Adopt G. Emergency Guardrail Repair Service Contract with Peterson Brothers, Inc. — Authorize H. 2013 Crack Sealing Project Completion — Accept I. Oakleigh I & II Bill of Sale- Accept 8. OTHER BUSINESS A. Financial policy Resolution - Adopt 9. BIDS 10. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES 11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION 12. ADJOURNMENT NOTE: A copy of the full agenda packet is available for perusal in the City Clerk's Office. The Agenda Summary page and complete packet are on the City of Kent web site at www.KentWa.gov An explanation of the agenda format is given on the back of this page. Any person requiring a disability accommodation should contact the City Clerk's Office in advance at (253) 856-5725. 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PUBLIC COMMUNICATIONS A) Public Recognition B) Community Events C) Introduction of new Arts Commission Appointee, Lynn Bohart D) Introduction of new Land Use and Planning Board Appointee, Katherine Jones and Re-Appointee, Barbara Phillips E) Intergovernmental Reports This page intentionally left blank. PUBLIC HEARING This page intentionally left blank. PUBLIC COMMENT This page intentionally left blank. Agenda Item: Consent Calendar 7A - 7B CONSENT CALENDAR 7. City Council Action: Councilmember moves, Councilmember seconds to approve Consent Calendar Items A through E. Discussion Action 7A. Approval of Minutes. Approval of the minutes of the workshop and regular Council meeting of December 10, 2013. 7B. Approval of Bills. Approval of payment of the bills received through November 30 and paid on November 30 after auditing by the Operations Committee on January 21, 2014. Approval of checks issued for vouchers: Date Check Numbers Amount 11/30/13 Wire Transfers 5684-5694 $1,148,142.13 11/30/13 Regular Checks 678482-678852 $3,165,660.16 Void Checks ($104.90) 11/30/13 Use Tax Payable $1 290.72 $4,314,988.11 Approval of payment of the bills received through December 15 and paid on December 15 after auditing by the Operations Committee on January 21, 2014. Approval of checks issued for vouchers: Date Check Numbers Amount 12/15/13 Wire Transfers 5695-5714 $2,044,626.90 12/15/13 Regular Checks 678853-679223 $2,045,487.95 Void Checks ($0.00) 12/15/13 Use Tax Payable $1 414.29 $4,091,529.14 Approval of payment of the bills received through December 31 and paid on December 31 after auditing by the Operations Committee on January 21, 2014. Approval of checks issued for vouchers: Date Check Numbers Amount 12/31/13 Wire Transfers 5715-5727 $1,375,632.00 12/31/13 Regular Checks 679224-679539 $3,099,891.45 Void Checks ($675.00) 12/31/13 Use Tax Payable $162.74 $4,475,011.19 Approval of checks issued for payroll for November 16 through November 30 and paid on December 5, 2013: Date Check Numbers Amount 12/5/2013 Checks 333708-333824 $ 91,543.70 Voids and Reissues 12/5/2013 Advices 322206-322830 1,569,071.57 $1,660,615.27 Approval of checks issued for payroll for December 1 through December 15 and paid on December 20, 2013: Date Check Numbers Amount 12/20/2013 Checks 333825-333949 $ 77,667.53 Voids and Reissues 12/20/2013 Advices 322831-323460 1,299,170.40 $1,376,837.93 Approval of checks issued for payroll for December 16 through December 31 and paid on January 3, 2014: Date Check Numbers Amount 1/3/2014 Checks 333950-334083 $ 66,870.91 Voids and Reissues 1/3/2014 Advices 323461-324081 1,251,884.88 $1,318,755.79 11 � KENT Kent City Council Workshop January 21, 2014 The meeting was called to order at 5:30 p.m. by Council President Ralph. Councilmembers present: Ralph, Berrios, Higgins, Ranniger, and Thomas Council President Ralph discussed the application process for the Council vacancy. She highlighted how to apply and verified that the Council would review applications at a special meeting on February 11, 2014 at 6:00 p.m. Council Retreat Dates — Council President Ralph communicated that the Council Retreat would be March 21 and 22 at the Green River Community College. Councilmember Ranniger suggested an email be sent to Councilmembers. IS 402 Training - Dominic Marzano, Emergency Management Director discussed IS- 402. He communicated that it is a class for executives and senior officials (policy makers) and trains them how to better manage events and make policy decisions. He noted that best practices will also be communicated in the class. He noted that the class is for South King County officials and urged Council participation in the class. He also communicated that he will be speaking to MLT next Monday concerning a class for them because of some new equipment in the emergency communication center (ECC). Councilmember Higgins verified that the training is February 12 from 6:00 p.m. to 8:00 p.m. Marzano also suggested that the Mayor bring the Acting City Attorney to the class to go over policy decisions. Council President Ralph communicated that she felt this would be a good opportunity for the Council. She said there is a lot involved and this is a detailed process. She noted that at the South County Area Transportation Board meeting there was a discussion about what cities have set up in case of an oil spill because of the increase of oil tanker ships in the Puget Sound. Marzano confirmed that the City does have a plan set up. B&O Tax Amendments — Robert Nachlinger, Finance Director discussed the preliminary amendments to the B&O tax ordinance. He communicated that it was adopted a little over a year ago and the City has received about three quarters of the projected revenues. He noted that there is an inconsistency between local codes and that has caused confusion to firms who have to file B&O in numerous cities. He reviewed Bellevue, Seattle, and Tacoma's exemptions and said staff proposes to exempt all 501(c) organizations to include homeowner associations, unions, fraternal organizations, and others who are not engaging in retail activities. Councilmember Higgins verified that there are a couple of organizations that are 501(c) status that engage in retail sales such as Goodwill and Children's Hospital. Kent City Council Workshop Minutes January 21, 2014 Councilmember Ranniger inquired about the financial impact and Nachlinger replied that it would be about $25,000 per year. Nachlinger continued and discussed filing status and frequency. He noted that having all firms file quarterly this first year has provided the City with data. Almost 1,600 firms have paid and 36 percent of them (576) have paid over $1,000 quarterly and this, he noted makes up 92 percent of the total tax revenues collected. He continued and said 64 percent have paid less than $1,000 and less than 8 percent of the total revenues collected. He suggested that the firms who have paid less than $1,000 be reverted to annual collections based on these numbers. Discussion continued on how they would be reverted to annual collections and Nachlinger communicated that the Finance Department could send them a letter communicating this. He also stated that the staff did not recommend having a "non- filing status" so the City could continue to maintain information concerning businesses. Councilmember Higgins verified that only Bellevue and Tacoma have a non-filing option and Nachlinger communicated their amounts. Councilmember Higgins discussed the administrative expenditures concerning the B&O tax. Councilmember Berrios verified the department was down an auditor. He also confirmed with Nachlinger that they haven't gotten the data concerning most of the seasonal firms. However, the data should come in February or March. Council President Ralph verified with Brubaker that an ordinance would be drafted and brought to Council for adoption. Council President Ralph stated she is comfortable with this and agreed with the process of letting businesses know they have been moved to an annual filing status. Councilmember Thomas suggested the ordinance be retroactive and if they have paid this past year they have their funds refunded and not penalized. Fitzpatrick communicated that his staff will look into doing that. Councilmember Berrios communicated that the process needs to be fair and accountable. He said the policy needs to be consistent and take into account who paid and who didn't based on the legislation the Council passed. Council President Ralph stated that it seems best to stay the course and make revisions at the end of the year. Nachlinger stated that there are 145 3PLs and based on the amount of revenues generated from their B&O tax compared to their square footage tax returns, the square footage tax amount was 3.5 times their B&O tax amount. He stated that the B&O is working exactly as it was intended to. He communicated that there is an argument concerning companies that don't do many deliveries into Kent, but they are 2 Kent City Council Workshop Minutes January 21, 2014 making more money than what is being reported. He stated that the tax is designed to get some mitigation from companies that destroy the cities roads. Councilmember Higgins inquired about the federal research and development funds and Nachlinger communicated that since the City gave an exemption he wasn't sure how much it was for. Councilmember Berrios stated that the Chamber discussed that with Boeing and they didn't know what the number was either. Council President Ralph verified that they weren't required to report those federal funds to the City. Mayor Cooke clarified that the 3PLs aren't seeking an exemption, but a reduced rate due to the square footage tax compared to their gross revenues that would be with the B&O tax. She communicated that if the Council decides that they don't want 3PLs the businesses can easily go to local cities. She recommended the Council look at the entire picture and realize that the surface isn't equal. Councilmember Higgins stated these businesses are creating truck traffic so the B&O tax makes sense. He also added that the other tax seems appropriate, too. Councilmember Thomas communicated that he would like to remain competetive and verified with the Mayor that there are ten 3PL companies. Additionally, the Mayor added that she wasn't sure how much of the product they are storing is from local businesses. Councilmember Ranniger stated that there have been challenges with the streamline sales tax for a while now. She stated the other policy question is whether to rezone the area to retail. She said that if the City discourages these types of businesses because of the B&O tax, the City needs to prepare to decide what it wants to see in those properties. Council President Ralph questioned if the conversation should be left open or have these amendments brought forward. Councilmember Ranniger stated she would like to see the 501(c) exemption be brought forward and continued discussion on the 3PLs. Councilmember Berrios confirmed that there were ten CPLs and added that the City needs to attract and keep current businesses here. He stated he wasn't sure of the details with the 3PLs. However, he questioned if the City should allow current businesses to grow in their current space and investigate exemptions to these businesses. He suggested investigating if the City is collecting the proper amounts from these businesses. Nachlinger verified that they are looking for reductions in their rates, not exemptions. 3 Kent City Council Workshop Minutes January 21, 2014 Mayor Cooke verified with Council President Ralph that this item should go to the Economic and Community Development Committee. Council President Ralph communicated that there is consensus to move the 501(c) revisions to the Operations Committee. Councilmember Higgins discussed the Sound Transit proposal for gas taxes which would end up being $3.1 million to the City of Kent for transportation. Councilmember Thomas communicated that he is against the item. Council President Ralph communicated that the King County Council is discussing two different packages and need to decide before March 7 whether or not to go to a ballot measure. She added that they are also discussing bus fare increases. Councilmember Higgins communicated that he felt the item is likely to pass county wide and $3.1 million would be good for closing the gap in transportation maintenance. Council President Ralph communicated that Thomas is against, Higgins is in favor, Ranniger is neutral, and Berrios wants more information. She concluded that she will communicate to the South County Area Transportation Board that the Kent City Council is neutral on this item. Councilmember Thomas communicated that a sixty dollar increase in tabs invites Eyman to create something worse. Councilmember Higgins agreed, but noted that Eyman wants these to come to a vote of the people. Council President Ralph communicated that it technically isn't sixty dollars, the current twenty dollar vehicle registration tax would drop off and be sixty dollars, thus forty dollars more. She also informed the Council to discuss this item with Councilmember Boyce. Brubaker noted that this is Nachlinger's last Council workshop and is leaving the City in very good shape and thanked him for his service to the City of Kent. Nachlinger stated that he is looking forward to his retirement. The meeting adjourned at 6:15 p.m. Ronald F. Moore, MMC City Clerk 4 KENT Kent City Council Meeting January 21, 2014 The regular meeting of the Kent City Council was called to order at 7:01 p.m. by Mayor Cooke. Councilmembers present: Higgins, Berrios, Boyce, Ralph, Ranniger, and Thomas. CHANGES TO THE AGENDA A. From Council, Administration, Staff - Brubaker communicated that the item in front of the Councilmembers' dias was the attachment to the Transportation Improvement Board grant. B. From the Public - None. PUBLIC COMMUNICATIONS A. Oath of office, Councilmember Jim Berrios - City Clerk Ronald F. Moore swore in Jim Berrios as Councilmember Position No. 2. B. Public Recognition 1. Kent Parks Foundation Donation - Jeff Watling, Parks and Recreation Director introduced Mark Prothero, President of the Kent Parks Foundation who presented the city of Kent with a check for $9,532.57. Prothero also discussed the "Kent Dancing with the Stars" and communicated that the event raised $13,846.15. Mayor Cooke thanked Prothero and verified that people who wanted to get in donating or raising funds for Kent's recreation program could speak to Sandy Pedersen. 2. Award for Men's "E" Western National ASA Softball Tournament to the City of Kent - Jeff Watling, Parks and Recration Director introduced Mike Raven from the Amateur Sports Association (ASA). Raven thanked the Kent City staff and presented the James Ferrell Award to Mayor Cooke and the city of Kent. Mayor Cooke thanked Raven and the city of Kent Parks staff. C. Community Events - Mayor Cooke announced that the "You-Me-We" event is this Friday at the ShoWare Center, January 24 at 6:00 p.m. She encouraged the public to attend the free event. Mayor Cooke also noted that her "State of the City Address" wil be at the ShoWare Center during the Chamber of Commerce Luncheon on February 5 at 12 noon. She also added that it will be online and on the City's cable station. D. Introduction of new Arts Commission Appointee, Jennifer Treese - Mayor Cooke communicated that she interviewed her for the position. Kent City Council Meeting Minutes January 21, 2014 Treese communicated that she found the vacancy online and said she has been doing cultural things for over a decade now. She added that her employer is Blue Origin, a rocket company in Kent. E. Public Safety Report - Police Chief Ken Thomas discussed Mike Buckingham and his memorial service last Thursday. He discussed Buckingham's service to the City and people. He noted that he lost his battle with cancer on January 2, 2014. Council President Ralph discussed Buckingham and her son's experience with him. She stated that she was fortunate enough to meet him and work with him the last couple of years. She said he has had a tremendous impact on the City and will truly be missed. Thomas discussed the year end report. He noted that commercial burglary is unchanged and there has been a 21 percent reduction in residential burglaries from 2012 to present. He noted that robbery is down 13 percent. He noted that vehicle theft is only up 2 percent compared to the rampant vehicle theft rate in King County. Thomas presented Christin Jordan with the Police Chiefs Award of Accomodation. He communicated that Jordan was instrumental in a stolen car recovery and preventing a residential burglary. Thomas presented Shanelle Mozique with the Police Chief's Award of Accomodation. He explained that Mozique, while in the middle of a home invasion, called the police department during the robbery. He noted that the police successfully caught two of the three suspects. Thomas presented Officer Whisteric and Officer Nixon with the Police Department Lifesaving Medal for saving the life of Lewis Drake. Drake submitted a letter to the Police Chief, which he read. Thomas communicated that the City is in the top ten of all cities with a population of 250,000 or less for their efforts with National Night Out, which is run by Sarah Wood. Sarah Wood communicated that the event will be on August 10, 2014 this year. Thomas introduced four new officers, Siitupe Coffin, Kamal Sharif, Andrew Richardson, and Brittany Rios. He discussed each of their backgrounds, work experience, and education. Mayor Cooke swore in the four officers. Thomas introduced newly hired Corrections Officer Ian Lentz and Records Specialists Julie Farris, Ashley Orlowski, Christy Roeber, and Crystal Sundquist. He highlighted their work history and gave a brief backgound of their education and personal lives. Thomas presented a Chief's Award of Accomodation to Councilmember Berrios for performing CPR on a patient who suffered a medical emergency. Mayor Cooke presented Chief Ken Thomas with his city of Kent 25 year service plaque. 2 Kent City Council Meeting Minutes January 21, 2014 F. Intergovernmental Reports - Council President Ralph communicated that the South County Area Transportation Board met concerning express toll lanes being added on Interstate 405 between Lynnwood and Bellevue and the addition of express toll lanes on Interstate 167. She said the Lynnwood connection is going on now is expected to open in 2016 and the 167 should be done a couple of years after that. She noted that the 405 project will feature a new definition of what a carpool is and they are suggesting three person carpools. Councilmember Higgins stated that he is serving on the Sound Cities Association Board of Directors and their board retreat is January 31. He said he is also serving on the King County Regional Transit Committee and has heard the proposal concerning funding transit. He stated that the King County Executive can't wait on legislature so they are going forward to create a Transportation Benefit District countywide which would mean the twenty dollar car tab going up to sixty dollars and a 0.1% sales tax. Sixty percent of the revenues would go to King County for Metro, saving 600,000 service hours, including five routes in Kent and the remaining 40 percent would go to cities. Councilmember Boyce noted that he represents the City on the board and received consensus from the Council to present a neutral vote on this item for the Kent City Council until the entire package is reviewed. He noted that the next meeting is February 12. Councilmember Thomas thanked Councilmember Berrios for his efforts in helping save a man's life on January 1st. He noted that it was discussed at the Regional Fire Authority meeting. PUBLIC HEARINGS None. PUBLIC COMMENT Mayor Cooke discussed the council seat vacancy and communicated that Council President Ralph will discuss the item under Other Business. 1. Pauline Barrett, Kent - Barrett discussed the possible development of a marijuana processing facility by her home. She communicated that the facility would be in the center of a large residential area with high school children in the neighborhood. She expressed concerns with security if this business is allowed to open. 2. Bill Doolittle, Kent - Doolittle communicated that when I-502 was adopted people wanted it legalized and taxed. He stated that Kent is going out of their way to prevent marijuana authorization and said he read that the City would be zoned to prevent it. He urged the City to work with the liquor board to get this implemented. He said marijuana is currently being sold, consumed, and created in the City of Kent. 3 Kent City Council Meeting Minutes January 21, 2014 3. Thomas L. Brice, Kent - Brice discussed the Par 3 golf course and the vision of the City. He said a committee has been formed by five residents and they have submitted suggestions and ideas of what could be done concerning the course. He noted that there is a debt and if you look at the books, the golf course isn't the problem. He suggested the course be closed in the winter. 4. Martin Plys, Kent - Plys communicated that there is a $1.9 million surplus. He said if there is a surplus it should be applied to the ShoWare Center and the golf course should be sold. Mayor Cooke verified that there isn't a surplus. Plys opposed having any marijuana facilities in Kent. CONSENT CALENDAR Council President Ralph moved to approve Consent Calendar Items A through P, seconded by Councilmember Thomas. A. Minutes of the workshop and regular Council meeting of January P 2014 - Approved B. Appointment to Arts Commission —The Council confirmed the appointment of Jennifer Treese to the Kent Arts Commission for a four year term ending October 31, 2017. C. King County Solid Waste Division Waste Reduction & Recycling Grant - Approved. - The Mayor was authorized to accept the Waste Reduction and Recycling Grant Contract in the amount of $89,835 for 2014, and amend the budget and authorize the expenditure of funds in accordance with the terms and conditions of the grant, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. D. Seattle-King County Health Department Local Hazardous Waste Management Program/Recycling Event Grant- Approved. The Mayor was authorized to accept the Local Hazardous Waste Management Program Contract in the amount of $32,278.87 for 2014, and amend the budget and authorize the expenditure of funds in accordance with the terms and conditions of the grant, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. E. Contract with Olympic Environmental for 2014 -15 Residential Recycling Collection Events- Approved. The Mayor was authorized to sign the Consultant Services Agreement with Olympic Environmental Resources for Waste Reduction and Recycling Activities and Programs for 2014 - 2015 in the amount of $185,551.00, subject to final terms and conditions acceptable to the City Attorney and the Public Works Director. F. SR 516 to S 2315t Way Levee North Reach Improvements, Change order No. 1- Approved. The Mayor was authorized to approve Change Order No. 1 to SCI 4 Kent City Council Meeting Minutes January 21, 2014 Infrastructure, LLC in an amount not to exceed $194,059.46 for unanticipated construction costs on the SR 516 to South 231st Way Levee, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. G. Central Avenue South Improvements Federal Grant- Accept. The Mayor was authorized to accept a Federal Grant in the amount of $300,000 for the design phase of the Central Avenue South Pavement Preservation Project, and amend the budget and authorize expenditure of the funds in accordance with the terms and conditions of the grant, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. H. Kent Interurban Trail Connector Proiect Grant — Accept. The Mayor was authorized to sign the grant agreement in the amount of $727,500 with the Washington State Department of Commerce for the Kent Interurban Trail Connector Project and amend the budget and authorize expenditure of the funds in accordance with the terms and conditions of the grant, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. I. South 224th Street Improvements, Phase 2 Transportation Improvement Board (TIB) Grant- Accept. The Mayor was authorized to accept a grant from the Washington State Transportation Improvement Board for Phase 2 of the South 224th Street Improvement Project and sign a letter to the TIB requesting to combine Phases 1 and 2 into one project, amend the budget and authorize expenditure of the funds in accordance with the terms and conditions of the grant, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. J. Washington Auto Theft Prevention Authority (WATPA) Patrol Task Force 2013 — 2015 Grant- Accept. The Mayor was authorized to accept the Washington Auto Theft Prevention Authority grant award in the amount of $74,983, authorize amending the budget and authorize expenditure of the funds in accordance with the terms and conditions of the grant, acceptable to the City Attorney and Police Chief. K. Ordinance Amending Kent City Code Chapter 9.02, Lewd Conduct — Adopt. The Council adopted Ordinance No. amending Chapter 9.02 by establishing crimes relating to lewd conduct, by amending sections relating to prostitution loitering and by adding new areas which fall within the scope of the stay out of areas of prostitution orders. L. 2012 Vehicle Detector Loops Proiect Completion — Accept. The Mayor was authorized to accept the 2012 Vehicle Detector Loops Project as complete and release retainage to Totem Electric of Tacoma, Inc., upon receipt of standard releases from the state and the release of any liens. M. 2013 Thermo Plastic Markings Proiect Completion - Accept. They Mayor was authorized to accept the 2013 Thermo Plastic Markings Project as complete and release retainage to Stripe Rite Inc., upon receipt of standard releases from the state and the release of any liens. 5 Kent City Council Meeting Minutes January 21, 2014 N. 2013 Vehicle Detector Loops Proiect Completion — Accept. The Mayor was authorized to accept the 2013 Vehicle Detector Loops Project as complete and release retainage to Totem Electric of Tacoma, Inc. upon receipt of standard releases from the state and the release of any liens. 0. Hawley Road Levee Improvements Phase I Proiect Completion — Accept. The Mayor was authorized to accept the Hawley Road Levee Improvements Phase I Project as complete and release retainage to SCI Infrastructure LLC, upon receipt of standard releases from the state and the release of any liens. P. Horseshoe Bend and Upper Russell Road Levee Planting Proiect Completion — Accept. The Mayor was authorized to accept the Horseshoe Bend and Upper Russell Road Levee Plantings Project as complete and release retainage to Restoration Logistics, upon receipt of standard releases from the state and the release of any liens. OTHER BUSINESS A. Council Position No. 6 - Appointment Process - Mayor Cooke introduced the item. Council President Ralph communicated the process and noted that the process will be posted on the City's website and a handout was given to those in attendance by City Clerk Moore. Councilmember Boyce inquired what would happen with current applications and Councilpresident Ralph communicated that she would communicate with anyone who has previously submitted an application and inform them of the current process. Councilmember Thomas inquired about the position and the process. Acting City Attorney Fitzpatrick noted that the appointment lasts until the November 2015 election is certified and whoever is elected at the general election will serve the rest of the term. 1. Anna Davis, Kent - Davis discussed the process and inquired if the candidate that also ran for the position in November could be considered and not have to reapply. Mayor Cooke replied that the candidate needs to submit an application and go through this process. She further explained the election process and said it is set up by state law and it is up to the Council to interview and selects a candidate. She further explained that it wasn't an option to have the runner-up in the November election considered. Council President Ralph also replied that this is the appointment process and that once the November election is certified it is over. She also communicated that this information will be on the website, channel 21, in the Kent Reporter, and announced at Neighborhood Council meetings, etc. BIDS 6 Kent City Council Meeting Minutes January 21, 2014 A. Briscoe-Desimone Levee Improvements, Reaches 2 and 3 - Tim LaPorte, Public Works Director introduced the levee improvements. He displayed the levee, why the improvements are needed, and what the improvements would entail. He communicated that there were ten excellent bids and has checked out the qualifications of the lowest bidder, Tapani, Inc. LaPorte explained to Mayor Cooke why this item wasn't heard at a committee, noting that a bid award doesn't go to committee, but straight to the Council. Councilmember Higgins moved to authorize the Mayor to award the bid for the Briscoe-Desimone Levee Improvements Reaches 2 and 3 project to Tapani, Inc., in the amount of $6,709,555.56 and authorize the Mayor to sign all necessary documents, subject to the final terms and conditions acceptable to the City Attorney and Public Works Director, seconded by Council President Ralph. Motion carried 6-0. LaPorte communicated that King County Flood District wants a groundbreaking ceremony for this levee improvement this spring. Mayor Cooke agreed and communicated that the City should also look at what park element should be added to the south. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES A. Council President. Ralph stated that the B&O tax was discussed in the workshop meeting and that the Council decided to hold off on any amendments to it at this time. She stated that there will be a 501(c) item exemption going forth as a draft to the Operations Committee and an item concerning 3PLs going to the Economic and Community Development Committee at a later date. B. Mayor. No report. C. Administration. No report. No executive session tonight. D. Economic & Community Development Committee. Councilmember Boyce communicated that the next meeting is February 10. E. Operations Committee. No report. F. Parks and Human Services Committee. No report. G. Public Safety Committee. No report. H. Public Works Committee. Councilmember Higgins communicated that the meeting yesterday was postponed and the next meetig is January 27. I. Regional Fire Authority. Councilmember Thomas communicated that he stepped down as chair and Mike Denfro is the chair and Higgins is the deputy chair. EXECUTIVE SESSION ACTION AFTER EXECUTIVE SESSION 7 Kent City Council Meeting Minutes January 21, 2014 No executive session was held. ADJOURNMENT The meeting adjourned at 8:38 p.m. Ronald F. Moore, MMC City Clerk 8 40. KF14 Agenda Item: Consent — 7C TO: City Council DATE: February 4, 2014 SUBJECT: Appointment to Kent Arts Commission — Confirm MOTION: Confirm the Mayor's appointment of Lynn Bohart to the Kent Arts Commission. SUMMARY: Confirm the appointment of Lynn Bohart to the Kent Arts Commission for a four year term ending October 31, 2017. Lynn Bohart submitted an application for appointment to the Kent Arts Commission to fill a vacant four year term. Lynn is Executive Director of the Renton Community Foundation and remains an avid supporter of the arts. Lynn's belief is that a vibrant arts community speaks to the soul of a city. Lynn holds a Master's Degree in theater and has worked in Community Theater over the years. She is a published mystery writer on Amazon.com, teaches writing through the Kent Parks Department and Green River Community College's Continuing Education program. She has served on the Lane County Arts Council Board while living in Oregon and has served on the Vancouver Arts Commission before moving to Kent. Lynn's commitment to the Kent community and her active role in the arts makes her an exceptional candidate for the Kent Arts Commission, and I am pleased to recommend Lynn Bohart for your confirmation. RECOMMENDED BY: Mayor Suzette Cooke BUDGET IMPACTS: None This page intentionally left blank. KENT ° Agenda Item: Consent — 7D TO: City Council DATE: February 4, 2014 SUBJECT: Appointments to Land Use and Planning Board — Confirm MOTION: Confirm the Mayor's appointment of Katherine Jones and re- appointment of Barbara Phillips to the Land Use & Planning Board. SUMMARY: Confirm the appointment of Katherine Jones and re-appointment of Barbara Phillips to the Land Use & Planning Board each for a three year term ending December 31, 2016. Katherine Jones made application for appointment to the Land Use & Planning Board for a three-year term. Kathi, a Realtor with John L. Scott, lives in The Lakes community, and feels her service on the LUPB will assist in promoting a healthier and improved environment for all Kent citizens. Kathi's work as a realtor gives her an understanding of the Smart Growth principles involving citizens, public officials and stakeholders working together to plan ahead for development. Kathy has attended many LUPB meetings and city council meetings in an effort to stay abreast of issues confronting our community. She was an interested participant in the Midway Project, the Cottage Housing Project, and is head of The Lakes Neighborhood Council Kathi's commitment to the Kent community makes her an ideal candidate for the Land Use & Planning Board, and I am pleased to recommend Kathi Jones for your confirmation. Barbara Phillips was first appointed to the Land Use & Planning Board in November, 2007, expressing her desire to be an integral part of the City's development and future prosperity. Her reappointment will begin her third term which will expire on December 31, 2016. Barbara has lived in Kent for over 20 years and currently is President of the Community Network Council which works to connect youth with resources that will help them become successful. I am pleased to recommend re-appointment of Barbara Phillips to the LUPB. RECOMMENDED BY: Mayor Suzette Cooke BUDGET IMPACTS: None This page intentionally left blank. • Nl- KENT Agenda Item: Consent- 7E TO: City Council DATE: February 4, 2014 SUBJECT: Refunding 2004 Limited Tax General Obligation Bond Ordinance - Adopt MOTION: Move to adopt Ordinance No. , approving the refunding of the 2004 Limited Tax General Obligation bonds. SUMMARY: The 2004 LTGO bonds are callable at par on June 1, 2014 and may be called 90 days in advance of the call date. This transaction would save an estimated $700,000 over the eight year life of the bonds by issuing refunding bonds at a lower interest rate. The existing bonds would be retired as of June 1 and defeased. EXHIBITS: Ordinance RECOMMENDED BY: Operations Committee YEA: Thomas - Ralph - Boyce (post meeting) NAY: BUDGET IMPACTS: This transaction would reduce the debt service cost paid by the Capital Improvements Fund by approximately $87,500 annually over the next eight years. This page intentionally left blank. ORDINANCE NO. AN ORDINANCE OF THE CITY OF KENT, WASHINGTON, PROVIDING FOR THE ISSUANCE OF LIMITED TAX GENERAL OBLIGATION REFUNDING BONDS OF THE CITY IN THE AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $14,000,000 TO REFUND CERTAIN OUTSTANDING LIMITED TAX GENERAL OBLIGATION BONDS AND TO PAY COSTS OF ISSUING THE BONDS; PROVIDING THE FORM AND TERMS OF THE BONDS; AND DELEGATING THE AUTHORITY TO APPROVE THE FINAL TERMS OF THE BONDS. PASSED: FEBRUARY 4, 2014 PREPARED BY: PACIFICA LAW GROUP LLP Seattle, Washington CITY OF KENT ORDINANCE NO. TABLE OF CONTENTS* Page SECTION 1. - Definitions and Interpretation of Terms 2 SECTION 2. - Authorization of Bonds and Bond Details 8 SECTION 3. - Registration, Exchange and Payments 9 SECTION 4. - Redemption Prior to Maturity and Purchase of Bonds 15 SECTION 5. - Form of Bonds 20 SECTION 6. - Execution of Bonds 22 SECTION 7. - Refunding Plan; Application of Bond Proceeds 23 SECTION 8. - Tax Covenants 26 SECTION 9. - Bond Fund and Provision for Tax Levy Payments 29 SECTION 10. - Defeasance 30 SECTION 11. - Sale of Bonds 31 SECTION 12. - Undertaking to Provide Ongoing Disclosure 33 SECTION 13. - Lost, Stolen or Destroyed Bonds 38 SECTION 14. - Severability; Ratification 38 SECTION 15. - Effective Date of Ordinance 40 * This Table of Contents is provided for convenience only and is not a part of this ordinance. -1- 01/14/14 CITY OF KENT, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF KENT, WASHINGTON, PROVIDING FOR THE ISSUANCE OF LIMITED TAX GENERAL OBLIGATION REFUNDING BONDS OF THE CITY IN THE AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $14,000,000 TO REFUND CERTAIN OUTSTANDING LIMITED TAX GENERAL OBLIGATION BONDS AND TO PAY COSTS OF ISSUING THE BONDS; PROVIDING THE FORM AND TERMS OF THE BONDS; AND DELEGATING THE AUTHORITY TO APPROVE THE FINAL TERMS OF THE BONDS. A. The City of Kent, Washington (the "City") has outstanding its Limited Tax General Obligation Refunding Bonds, 2004, issued pursuant to Ordinance No. 3682 adopted by the City Council (the "Council") of the City on March 16, 2004 (the "2004 Bond Ordinance"), which remain outstanding as follows: Maturity Date (December 1) Principal Amount Interest Rate 2014 $ 1,875,000 5.000% 2015 1,750,000 5.250 2016 1,625,000 5.250 2017 1,445,000 5.250 2018 1,265,000 5.250 2019 1,280,000 4.000 2020 2,030,000 4.000 2021 1,325,000 4.125 (the "2004 Bonds"); and B. The 2004 Bond Ordinance provides that the City may call the 2004 Bonds maturing on or after December 1, 2014 (the "Refunding Candidates") for redemption on or after June 1, 2014, in whole or in part at any time, at a price of par plus accrued interest, if any, to the date of redemption; and C. After due consideration it appears to the Council that all or a portion of the Refunding Candidates may be defeased and refunded by the proceeds of limited tax general obligation refunding bonds at a savings to the City and its taxpayers; and D. The Council deems it in the best interest of the City to issue limited tax general obligation refunding bonds in the aggregate principal amount of not to exceed $14,000,000 (the "Bonds") to redeem and defease all or a portion of the Refunding Candidates and to pay costs of issuing the Bonds; and E. The Council wishes to delegate authority to the Mayor (the "Designated Representative"), for a limited time, to approve the interest rates, maturity dates, redemption terms and principal maturities for the Bonds within the parameters set by this ordinance; and F. The City expects to receive a proposal from KeyBanc Capital Markets Inc. (the "Underwriter") and now desires to issue and sell the Bonds to the Underwriter as set forth herein; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DO ORDAIN as follows: SECTION 1. - Definitions and Interpretation of Terms. (a) Definitions. As used in this ordinance, the following words shall have the following meanings: -2- Limited Tax General Obligation Refunding Bonds, 2014 Acquired Obligations means the Government Obligations acquired by the City under the terms of this ordinance and the Escrow Deposit Agreement to effect the defeasance and refunding of the Refunded Bonds. Beneficial Owner means any person that has or shares the power, directly or indirectly, to make investment decisions concerning ownership of any Bonds (including persons holding Bonds through nominees, depositories or other intermediaries). Bond Fund means the "City of Kent Limited Tax General Obligation Bond Debt Service Fund, 2014" authorized to be created pursuant to Section 9. Bond Purchase Contract means the contract for the purchase of the Bonds between the Underwriter and the City, executed pursuant to Section 11. Bond Register means the registration books showing the name, address and tax identification number of each Registered Owner of the Bonds, maintained pursuant to Section 149(a) of the Code. Bond Registrar means, initially, the fiscal agency of the State of Washington, for the purposes of registering and authenticating the Bonds, maintaining the Bond Register, effecting transfer of ownership of the Bonds and paying interest on and principal of the Bonds. Bond Year means each one-year period that ends on the date selected by the City. The first and last Bond Years may be short periods. If no date is selected by the City before the earlier of the final maturity date of Bonds or the date that is five years after the date of issuance of -3- Limited Tax General Obligation Refunding Bonds, 2014 any Bonds, Bond Years end on each anniversary of the date of issue and on the final maturity date of such Bonds. Bonds mean the not to exceed $14,000,000 aggregate principal amount of City of Kent, Washington, Limited Tax General Obligation Refunding Bonds, 2014, authorized to be issued pursuant to this ordinance. Call Date means June 1, 2014. Chief Administrative Officer means the Chief Administrative Officer or Interim Chief Administrative Officer of the City or the successor to such officer. City means the City of Kent, Washington, a municipal corporation duly organized and existing under and by virtue of the Constitution and laws of the State of Washington. Code means the Internal Revenue Code of 1986, as amended, and shall include all applicable regulations and rulings relating thereto. Commission means the Securities and Exchange Commission. Council or City Council means the legislative body of the City as duly and regularly constituted from time to time. Designated Representative means the Mayor, or his or her designee. DTC means The Depository Trust Company, New York, New York, a limited purpose trust company organized under the laws of the State of New York, as depository for the Bonds pursuant to Section 3. -4- Limited Tax General Obligation Refunding Bonds, 2014 Escrow Agent means U.S. Bank National Association, Seattle, Washington. Escrow Deposit Agreement means the Escrow Deposit Agreement between the City and the Escrow Agent to be dated as of the date of closing of the Bonds and substantially in the form on file with the City. Federal Tax Certificate means the certificate executed by the Finance Director setting forth the requirements of the Code for maintaining the tax exemption of interest on the Bonds, and attachments thereto. Finance Director means the Finance Director of the City or the successor to such officer. Financial Advisor means Piper ]affray & Co., or its successors. Government Obligations mean those obligations now or hereafter defined as such in chapter 39.53 RCW. Letter of Representations means the blanket issuer letter of representations from the City to DTC. MSRB means the Municipal Securities Rulemaking Board or any successors to its functions. Net Proceeds, when used with reference to the Bonds, means the principal amount of such Bonds, plus accrued interest and original issue premium, if any, and less original issue discount, if any. Private Person means any natural person engaged in a trade or business or any trust, estate, partnership, association, company or corporation. -5- Limited Tax General Obligation Refunding Bonds, 2014 Private Person Use means the use of property in a trade or business by a Private Person if such use is other than as a member of the general public. Private Person Use includes ownership of the property by the Private Person as well as other arrangements that transfer to the Private Person the actual or beneficial use of the property (such as a lease, management or incentive payment contract or other special arrangement) in such a manner as to set the Private Person apart from the general public. Use of property as a member of the general public includes attendance by the Private Person at municipal meetings or business rental of property to the Private Person on a short-term basis in accordance with regulations under the Code if the rental paid by such Private Person is the same as the rental paid by any Private Person who desires to rent the property. Use of property by nonprofit community groups or community recreational groups is not treated as Private Person Use if such use is incidental to the governmental uses of property, the property is made available for such use by all such community groups on an equal basis and such community groups are charged only a de minimis fee to cover custodial expenses. Refunded Bonds mean all or a portion of the Refunding Candidates designated by the Designated Representative for refunding pursuant to Section 7 and Section 11. Refunding Account means the account by that name established pursuant to Section 7. -6- Limited Tax General Obligation Refunding Bonds, 2014 Refunding Candidates mean the 2004 Bonds maturing on or after December 1, 2014. Registered Owner means the person named as the registered owner of a Bond in the Bond Register. For so long as the Bonds are held in book- entry only form, DTC or its nominee shall be deemed to be the sole Registered Owner. Rule means the Commission's Rule 15c2-12 under the Securities Exchange Act of 1934, as the same may be amended from time to time. 2004 Bond Ordinance means Ordinance No. 3682 adopted by the Council on March 16, 2004 authorizing the issuance of the 2004 Bonds. 2004 Bonds mean the City of Kent, Washington, Limited Tax General Obligation Refunding Bonds, 2004 issued pursuant to the 2004 Bond Ordinance as described in the recitals of this ordinance. Underwriter means KeyBanc Capital Markets Inc., or its successors. (b) Interpretation. In this ordinance, unless the context otherwise requires: (1) The terms "hereby," "hereof," "hereto," "herein," "hereunder" and any similar terms, as used in this ordinance, refer to this ordinance as a whole and not to any particular article, section, subdivision or clause hereof, and the term "hereafter" shall mean after, and the term "heretofore" shall mean before, the date of this ordinance; (2) Words of the masculine gender shall mean and include correlative words of the feminine and neuter genders and words importing -7- Limited Tax General Obligation Refunding Bonds, 2014 the singular number shall mean and include the plural number and vice versa; (3) Words importing persons shall include firms, associations, partnerships (including limited partnerships), trusts, corporations and other legal entities, including public bodies, as well as natural persons; (4) Any headings preceding the text of the several articles and sections of this ordinance, and any table of contents or marginal notes appended to copies hereof, shall be solely for convenience of reference and shall not constitute a part of this ordinance, nor shall they affect its meaning, construction or effect; and (5) All references herein to "articles," "sections" and other subdivisions or clauses are to the corresponding articles, sections, subdivisions or clauses hereof. SECTION 2,- Authorization of Bonds and Bond Details. For the purpose of refunding the Refunded Bonds and paying costs of issuance of the Bonds, the City shall issue and sell limited tax general obligation refunding bonds in the aggregate principal amount of not to exceed $14,000,000 (the "Bonds"). The Bonds shall be general obligations of the City, shall be designated "City of Kent, Washington, Limited Tax General Obligation Refunding Bonds, 2014" with other such designation as set forth in the Bond Purchase Contract and approved by the Designated Representative. -8- Limited Tax General Obligation Refunding Bonds, 2014 The Bonds shall be dated as of their date of initial delivery, shall be fully registered as to both principal and interest, shall be in the denomination of $5,000 each or any integral multiple thereof within a maturity, shall be numbered separately in the manner and with any additional designation as the Bond Registrar deems necessary for purposes of identification and control, and shall bear interest payable on the dates set forth in the Bond Purchase Contract. The Bonds shall bear interest at the rates set forth in the Bond Purchase Contract; and shall mature on the dates and in the principal amounts set forth in the Bond Purchase Contract and as approved by a Designated Representative pursuant to Section 11. SECTION 3. - Registration, Exchange and Payments. (a) Bond Registrar/Bond Register. The City hereby specifies and adopts the system of registration approved by the Washington State Finance Committee from time to time through the appointment the state fiscal agency. The City shall cause a Bond Register to be maintained by the Bond Registrar. So long as any Bonds remain outstanding, the Bond Registrar shall make all necessary provisions to permit the exchange or registration or transfer of Bonds at its principal corporate trust office. The Bond Registrar may be removed at any time at the option of the Finance Director upon prior notice to the Bond Registrar and a successor Bond Registrar appointed by the Finance Director. No resignation or removal of the Bond Registrar shall be effective until a successor shall have been appointed and until the successor Bond Registrar shall have accepted the -9- Limited Tax General Obligation Refunding Bonds, 2014 duties of the Bond Registrar hereunder. The Bond Registrar is authorized, on behalf of the City, to authenticate and deliver Bonds transferred or exchanged in accordance with the provisions of such Bonds and this ordinance and to carry out all of the Bond Registrar's powers and duties under this ordinance. The Bond Registrar shall be responsible for its representations contained in the Certificate of Authentication of the Bonds. (b) Registered Ownership. The City and the Bond Registrar, each in its discretion, may deem and treat the Registered Owner of each Bond as the absolute owner thereof for all purposes (except as provided in Section 12 of this ordinance), and neither the City nor the Bond Registrar shall be affected by any notice to the contrary. Payment of any such Bond shall be made only as described in Section 3(h), but such Bond may be transferred as herein provided. All such payments made as described in Section 3(h) shall be valid and shall satisfy and discharge the liability of the City upon such Bond to the extent of the amount or amounts so paid. (c) DTC Acceptance/Letters of Representations. The Bonds initially shall be held in fully immobilized form by DTC acting as depository. To induce DTC to accept the Bonds as eligible for deposit at DTC, the City has executed and delivered to DTC a Blanket Issuer Letter of Representations. Neither the City nor the Bond Registrar will have any responsibility or obligation to DTC participants or the persons for whom they act as nominees (or any successor depository) with respect to the Bonds in respect of the accuracy of any records maintained by DTC (or any successor depository) or any DTC participant, the payment by DTC (or -10- Limited Tax General Obligation Refunding Bonds, 2014 any successor depository) or any DTC participant of any amount in respect of the principal of or interest on Bonds, any notice which is permitted or required to be given to Registered Owners under this ordinance (except such notices as shall be required to be given by the City to the Bond Registrar or to DTC (or any successor depository)), or any consent given or other action taken by DTC (or any successor depository) as the Registered Owner. For so long as any Bonds are held in fully immobilized form by a depository, DTC or its successor depository shall be deemed to be the Registered Owner for all purposes hereunder, and all references herein to the Registered Owners shall mean DTC (or any successor depository) or its nominee and shall not mean the owners of any beneficial interest in such Bonds. (d) Use of Depository. (1) The Bonds shall be registered initially in the name of "Cede & Co.", as nominee of DTC, with one Bond maturing on each of the maturity dates for the Bonds in a denomination corresponding to the total principal therein designated to mature on such date. Registered ownership of such Bonds, or any portions thereof, may not thereafter be transferred except (A) to any successor of DTC or its nominee, provided that any such successor shall be qualified under any applicable laws to provide the service proposed to be provided by it; (B) to any substitute depository appointed by the Finance Director pursuant to subsection (2) below or such substitute depository's successor; or (C) to any person as provided in subsection (4) below. -11- Limited Tax General Obligation Refunding Bonds, 2014 (2) Upon the resignation of DTC or its successor (or any substitute depository or its successor) from its functions as depository or a determination by the Finance Director to discontinue the system of book entry transfers through DTC or its successor (or any substitute depository or its successor), the Finance Director may hereafter appoint a substitute depository. Any such substitute depository shall be qualified under any applicable laws to provide the services proposed to be provided by it. (3) In the case of any transfer pursuant to clause (A) or (B) of subsection (1) above, the Bond Registrar shall, upon receipt of all outstanding Bonds, together with a written request on behalf of the Finance Director, issue a single new Bond for each maturity then outstanding, registered in the name of such successor or such substitute depository, or their nominees, as the case may be, all as specified in such written request of the Finance Director. (4) In the event that (A) DTC or its successor (or substitute depository or its successor) resigns from its functions as depository, and no substitute depository can be obtained, or (B) the Finance Director determines that it is in the best interest of the beneficial owners of the Bonds that such owners be able to obtain physical Bond certificates, the ownership of such Bonds may then be transferred to any person or entity as herein provided, and such Bonds shall no longer be held by a depository. The Finance Director shall deliver a written request to the Bond Registrar, together with a supply of physical Bonds, to issue Bonds as herein provided in any authorized denomination. Upon receipt -12- Limited Tax General Obligation Refunding Bonds, 2014 by the Bond Registrar of all then outstanding Bonds together with a written request on behalf of the Finance Director to the Bond Registrar, new Bonds shall be issued in the appropriate denominations and registered in the names of such persons as are requested in such written request. (e) Registration of Transfer of Ownership or Exchange; Change in Denominations. The transfer of any Bond may be registered and Bonds may be exchanged, but no transfer of any such Bond shall be valid unless it is surrendered to the Bond Registrar with the assignment form appearing on such Bond duly executed by the Registered Owner or such Registered Owner's duly authorized agent in a manner satisfactory to the Bond Registrar. Upon such surrender, the Bond Registrar shall cancel the surrendered Bond and shall authenticate and deliver, without charge to the Registered Owner or transferee therefor, a new Bond (or Bonds at the option of the new Registered Owner) of the same date, maturity and interest rate and for the same aggregate principal amount in any authorized denomination, naming as Registered Owner the person or persons listed as the assignee on the assignment form appearing on the surrendered Bond, in exchange for such surrendered and cancelled Bond. Any Bond may be surrendered to the Bond Registrar and exchanged, without charge, for an equal aggregate principal amount of Bonds of the same date, maturity and interest rate, in any authorized denomination. The Bond Registrar shall not be obligated to register the transfer or to -13- Limited Tax General Obligation Refunding Bonds, 2014 exchange any Bond during the 15 days preceding any principal payment date any such Bond is to be redeemed. (f) Bond Registrar's Ownership of Bonds. The Bond Registrar may become the Registered Owner of any Bond 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 as a member of, or in any other capacity with respect to, any committee formed to protect the right of the Registered Owners of Bonds. (g) Registration Covenant. The City covenants that, until all Bonds have been surrendered and canceled, it will maintain a system for recording the ownership of each Bond that complies with the provisions of Section 149 of the Code. (h) Place and Medium of Payment. 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 calculated on the basis of a year of 360 days and twelve 30-day months. For so long as all Bonds are held by a depository, payments of principal and interest thereon shall be made as provided in accordance with the operational arrangements of DTC referred to in the Letter of Representations. In the event that the Bonds are no longer held by a depository, interest on the Bonds shall be paid by check or draft mailed to the Registered Owners at the addresses for such Registered Owners appearing on the Bond Register on the fifteenth day of the month preceding the interest payment date, or upon the written request of a Registered Owner of more than $1,000,000 of Bonds -14- Limited Tax General Obligation Refunding Bonds, 2014 (received by the Bond Registrar at least 15 days prior to the applicable payment date), such payment shall be made by the Bond Registrar by wire transfer to the account within the United States designated by the Registered Owner. Principal of the Bonds shall be payable upon presentation and surrender of such Bonds by the Registered Owners at the principal office of the Bond Registrar. If any Bond shall be duly presented for payment and funds have not been duly provided by the City on such applicable date, then interest shall continue to accrue thereafter on the unpaid principal thereof at the rate stated on such Bond until it is paid. SECTION 4, - Redemption Prior to Maturity and Purchase of Bonds. (a) Mandatory Redemption of Term Bonds and Optional Redemption, if any. The Bonds shall be subject to optional redemption on the dates, at the prices and under the terms set forth in the Bond Purchase Contract approved by the Designated Representative pursuant to Section 11. The Bonds shall be subject to mandatory redemption to the extent, if any, set forth in the Bond Purchase Contract approved by the Designated Representative pursuant to Section 11. (b) Purchase of Bonds. The City reserves the right to purchase any of the Bonds offered to it at any time at a price deemed reasonable by the Finance Director. (c) Selection of Bonds for Redemption. For as long as the Bonds are held in book-entry only form, the selection of particular Bonds within a maturity to be redeemed shall be made in accordance with the operational -15- Limited Tax General Obligation Refunding Bonds, 2014 arrangements then in effect at DTC. If the Bonds are no longer held in uncertificated form, the selection of such Bonds to be redeemed and the surrender and reissuance thereof, as applicable, shall be made as provided in the following provisions of this subsection (c). If the City redeems at any one time fewer than all of the Bonds having the same maturity date, the particular Bonds or portions of Bonds of such maturity to be redeemed shall be selected by lot (or in such manner determined by the Bond Registrar) in increments of $5,000. In the case of a Bond of a denomination greater than $5,000, the City and the Bond Registrar shall treat each Bond as representing such number of separate Bonds each of the denomination of $5,000 as is obtained by dividing the actual principal amount of Bonds by $5,000. In the event that only a portion of the principal sum of a Bond is redeemed, upon surrender of such Bond at the principal office of the Bond Registrar there shall be issued to the Registered Owner, without charge therefor, for the then unredeemed balance of the principal sum thereof, at the option of the Registered Owner, a Bond or Bonds of like maturity and interest rate in any of the denominations herein authorized. (d) Notice of Redemption. (1) Official Notice. For so long as the Bonds are held in uncertificated form, notice of redemption (which notice may be conditional) shall be given in accordance with the operational arrangements of DTC as then in effect, and neither the City nor the Bond Registrar will provide any notice of redemption to any Beneficial Owners. -16- Limited Tax General Obligation Refunding Bonds, 2014 Thereafter (if the Bonds are no longer held in uncertificated form), notice of redemption shall be given in the manner hereinafter provided. Unless waived by any owner of Bonds to be redeemed, official notice of any such redemption (which redemption may be conditioned by the Bond Registrar on the receipt of sufficient funds for redemption or otherwise) shall be given by the Bond Registrar on behalf of the City by mailing a copy of an official redemption notice by first class mail at least 20 days and not more than 60 days prior to the date fixed for redemption to the Registered Owner of the Bond or Bonds to be redeemed at the address shown on the Bond Register or at such other address as is furnished in writing by such Registered Owner to the Bond Registrar. All official notices of redemption shall be dated and shall state: (A) the redemption date, (B) the redemption price, (C) if fewer than all outstanding Bonds are to be redeemed, the identification by maturity (and, in the case of partial redemption, the respective principal amounts) of the Bonds to be redeemed, (D) that (unless such notice is conditional) on the redemption date the redemption price will become due and payable upon each such Bond or portion thereof called for redemption, and that interest thereon shall cease to accrue from and after said date, and -17- Limited Tax General Obligation Refunding Bonds, 2014 (E) the place where such Bonds are to be surrendered for payment of the redemption price, which place of payment shall be the principal office of the Bond Registrar. On or prior to any redemption date (unless such notice is conditional), the City shall deposit with the Bond Registrar an amount of money sufficient to pay the redemption price of all the Bonds or portions of Bonds which are to be redeemed on that date. (2) Effect of Notice; Bonds Due. If an unconditional notice of redemption has been given as aforesaid, or if the conditions to redemption have been satisfied or waived, the Bonds or portions of Bonds so to be redeemed shall, on the redemption date, become due and payable at the redemption price therein specified, and from and after such date such Bonds or portions of Bonds shall cease to bear interest. Upon surrender of such Bonds for redemption in accordance with said notice, such Bonds shall be paid by the Bond Registrar at the redemption price. Installments of interest due on or prior to the redemption date shall be payable as herein provided for payment of interest. All Bonds which have been redeemed shall be canceled by the Bond Registrar and shall not be reissued. If a conditional notice of redemption has been given and the conditions to redemption have not been satisfied or waived, notice of redemption given pursuant to this ordinance may be rescinded by written notice given by the Bond Registrar on behalf of the City as soon as practicable in the same manner, and to the same Registered Owners of -18- Limited Tax General Obligation Refunding Bonds, 2014 the Bond or Bonds, as notice of such redemption was given pursuant to this Section 4(d). If notice of recession has been provided, the Bonds or portions of Bonds so to be redeemed, on the redemption date, shall not become due and payable and from and after such date such Bonds or portions of Bonds shall continue to bear interest at the rate or rates set forth therein until paid or until due provision is made for the payment of the same. (3) Additional Notice. In addition to the foregoing notice, further notice shall be given by the City as set out below, but no defect in said further notice nor any failure to give all or any portion of such further notice shall in any manner defeat the effectiveness of a call for redemption if notice thereof is given as above prescribed. Each further notice of redemption given hereunder shall contain the information required above for an official notice of redemption plus (A) the CUSIP numbers of all Bonds being redeemed; (B) the date of issue of the Bonds as originally issued; (C) the rate of interest borne by each Bond being redeemed; (D) the maturity date of each Bond being redeemed; and (E) any other descriptive information needed to identify accurately the Bonds being redeemed. Each further notice of redemption may be sent at least 20 days before the redemption date to each party entitled to receive notice pursuant to Section 12 and with such additional information as the City shall deem appropriate, but such mailings shall not be a condition precedent to the redemption of such Bonds. -19- Limited Tax General Obligation Refunding Bonds, 2014 (4) Amendment of Notice Provisions. The foregoing notice provisions of this Section 4, including but not limited to the information to be included in redemption notices and the persons designated to receive notices, may be amended by additions, deletions and changes in order to maintain compliance with duly promulgated regulations and recommendations regarding notices of redemption of municipal securities. SECTIONS. - Form of Bonds. The Bonds shall be in substantially the following form with appropriate or necessary insertions, depending upon the omissions and variations as permitted or required hereby: UNITED STATES OF AMERICA NO. $ STATE OF WASHINGTON CITY OF KENT LIMITED TAX GENERAL OBLIGATION REFUNDING BOND, 2014 INTEREST RATE: % MATURITY DATE: CUSIP NO.: REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: The City of Kent, Washington (the "City"), hereby acknowledges itself to owe and for value received promises to pay to the Registered Owner identified above, or registered assigns, on the Maturity Date identified above, the Principal Amount indicated above and to pay interest thereon from , 2014, or the most recent date to which interest has been paid or duly provided for until payment of this bond at the Interest Rate set forth above, payable on and semiannually thereafter on the first days of each succeeding and Both principal of and interest on this bond are payable in lawful money of the United States of America. The fiscal agency of the State of Washington has been appointed by the City as the authenticating agent, paying agent and registrar for the bonds of this issue (the "Bond Registrar"). For so long as the bonds of this issue are held in fully immobilized form, payments of principal and interest thereon shall be -20- Limited Tax General Obligation Refunding Bonds, 2014 made as provided in accordance with the operational arrangements of The Depository Trust Company ("DTC") referred to in the Blanket Issuer Letter of Representations (the "Letter of Representations") from the City to DTC. The bonds of this issue are issued under and in accordance with the provisions of the Constitution and applicable statutes of the State of Washington and Ordinance No. duly passed by the City Council on February 4, 2014 (the "Bond Ordinance"). Capitalized terms used in this bond have the meanings given such terms in the Bond Ordinance. This bond shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Bond Ordinance until the Certificate of Authentication hereon shall have been manually signed by or on behalf of the Bond Registrar or its duly designated agent. This bond is one of an authorized issue of bonds of like series, date, tenor, rate of interest and date of maturity, except as to number and amount in the aggregate principal amount of $ and is issued pursuant to the Bond Ordinance to provide a portion of the funds necessary (a) to defease and refund certain limited tax general obligation bonds of the City, and (b) to pay costs of issuance. [The bonds of this issue are subject to redemption as provided in the Bond Ordinance and the Bond Purchase Contract.] The City hereby irrevocably covenants and agrees with the owner of this bond that it will include in its annual budget and levy taxes annually, within and as a part of the tax levy permitted to the City without a vote of the electorate, upon all the property subject to taxation in amounts sufficient, together with other money legally available therefor, to pay the principal of and interest on this bond as the same shall become due. The full faith, credit and resources of the City are hereby irrevocably pledged for the annual levy and collection of such taxes and the prompt payment of such principal and interest. [The bonds of this issue have [not] been designated by the City as "qualified tax-exempt obligations" for investment by financial institutions under Section 265(b) of the Code.] The pledge of tax levies for payment of principal of and interest on the bonds may be discharged prior to maturity of the bonds by making provision for the payment thereof on the terms and conditions set forth in the Bond Ordinance. It is hereby certified that all acts, conditions and things required by the Constitution and statutes of the State of Washington to exist and to have happened, been done and performed precedent to and in the issuance of this bond exist and have happened, been done and performed and that the issuance of this bond and the bonds of this issue does not -21- Limited Tax General Obligation Refunding Bonds, 2014 violate any constitutional, statutory or other limitation upon the amount of bonded indebtedness that the City may incur. IN WITNESS WHEREOF, the City of Kent, Washington has caused this bond to be executed by the manual or facsimile signatures of the Mayor and the City Clerk and the seal of the City imprinted, impressed or otherwise reproduced hereon as of this _ day of 2014. [SEAL] CITY OF KENT, WASHINGTON By /s/ manual or facsimile Mayor ATTEST: /s/ manual or facsimile City Clerk The Bond Registrar's Certificate of Authentication on the Bonds shall be in substantially the following form: CERTIFICATE OF AUTHENTICATION This bond is one of the bonds described in the within-mentioned Bond Ordinance and is one of the Limited Tax General Obligation Refunding Bonds, 2014 of the City of Kent, Washington, dated 2014. WASHINGTON STATE FISCAL AGENCY, as Bond Registrar By SECTION 6. - Execution of Bonds. The Bonds shall be executed on behalf of the City with the manual or facsimile signature of the Mayor and attested by the manual or facsimile signature of the City Clerk and the seal of the City shall be impressed, imprinted or otherwise reproduced thereon. -22- Limited Tax General Obligation Refunding Bonds, 2014 Only such Bonds as shall bear thereon a Certificate of Authentication in the form hereinbefore recited, manually executed by the Bond Registrar, shall be valid or obligatory for any purpose or entitled to the benefits of this ordinance. Such Certificate of Authentication shall be conclusive evidence that the Bonds so authenticated have been duly executed, authenticated and delivered hereunder and are entitled to the benefits of this ordinance. In case either of the officers who shall have executed the Bonds shall cease to be an officer or officers of the City before the Bonds so signed shall have been authenticated or delivered by the Bond Registrar, or issued by the City, such Bonds may nevertheless be authenticated, delivered and issued and upon such authentication, delivery and issuance, shall be as binding upon the City as though those who signed the same had continued to be such officers of the City. Any Bond may be signed and attested on behalf of the City by such persons who at the date of the actual execution of such Bond, are the proper officers of the City, although at the original date of such Bond any such person shall not have been such officer of the City. SECTION 7. - Refunding Plan; Application of Bond Proceeds. (a) Refunding Plan. For the purpose of realizing a debt service savings, the City proposes to defease and refund the Refunded Bonds as set forth herein. The Refunded Bonds shall include all or a portion of the Refunding Candidates as designated by the Designated Representative and set forth in the Bond Purchase Contract. Proceeds of the Bonds shall -23- Limited Tax General Obligation Refunding Bonds, 2014 be deposited with the Escrow Agent pursuant to the Escrow Deposit Agreement to be used immediately upon receipt thereof to defease the Refunded Bonds as authorized by the 2004 Bond Ordinance and to pay costs of issuance of the Bonds. The net proceeds deposited with the Escrow Agent shall be used to defease the Refunded Bonds and discharge the obligations thereon by the purchase of certain Government Obligations (which obligations so purchased, are herein called "Acquired Obligations"), bearing such interest and maturing as to principal and interest in such amounts and at such times which, together with any necessary beginning cash balance, will provide for the payment of: (1) interest on the Refunded Bonds as such becomes due on and prior to the Call Date; and (2) the redemption price (100% of the principal amount) of the Refunded Bonds on the Call Date. Such Acquired Obligations shall be purchased at a yield not greater than the yield permitted by the Code and regulations relating to acquired obligations in connection with refunding bond issues. (b) Escrow Agent/Escrow Deposit Agreement. The City hereby appoints U.S. Bank National Association, Seattle, Washington, as the Escrow Agent for the Refunded Bonds (the "Escrow Agent'). A beginning cash balance, if any, and the Acquired Obligations shall be deposited irrevocably with the Escrow Agent in an amount sufficient to defease the Refunded Bonds. The proceeds of the Bonds remaining after acquisition of -24- Limited Tax General Obligation Refunding Bonds, 2014 the Acquired Obligations and provision for the necessary beginning cash balance shall be utilized to pay expenses of the acquisition and safekeeping of the Acquired Obligations and costs of issuance of the Bonds. In order to carry out the purposes of this Section 7, the Finance Director is authorized and directed to execute and deliver to the Escrow Agent, an Escrow Deposit Agreement. (c) Call for Redemption of Refunded Bonds. The City hereby sets aside sufficient funds out of the purchase of Acquired Obligations from proceeds of the Bonds to make the payments described above. The City hereby calls the Refunded Bonds for redemption on their Call Date in accordance with the provisions of the 2004 Bond Ordinance authorizing the redemption and retirement of the 2004 Bonds, prior to their fixed maturities. Said defeasance and call for redemption of the Refunded Bonds shall be irrevocable after the issuance of the Bonds and delivery of the Acquired Obligations to the Escrow Agent. The Escrow Agent is hereby authorized and directed to provide for the giving of notices of the redemption of the Refunded Bonds in accordance with the applicable provisions of the 2004 Bond Ordinance. The costs of publication of such notices shall be an expense of the City. The Escrow Agent is hereby authorized and directed to pay to the Finance Director, or, at the direction of the Finance Director, to the paying agent for the Refunded Bonds, sums sufficient to pay, when due, the -25- Limited Tax General Obligation Refunding Bonds, 2014 payments specified in this Section 7. All such sums shall be paid from the moneys and Acquired Obligations deposited with the Escrow Agent, and the income therefrom and proceeds thereof. All such sums so paid to or to the order of the Finance Director shall be credited to the Refunding Account. All moneys and Acquired Obligations deposited with the Escrow Agent and any income therefrom shall be held, invested (but only at the direction of the Finance Director) and applied in accordance with the provisions of this ordinance and with the laws of the State of Washington for the benefit of the City and owners of the Refunded Bonds. The City will take such actions as are found necessary to see that all necessary and proper fees, compensation and expenses of the Escrow Agent for the Refunded Bonds shall be paid when due. SECTION B. - Tax Covenants. The City covenants that it will not take or permit to be taken on its behalf any action that would adversely affect the exemption from federal income taxation of the interest on the Bonds and will take or require to be taken such acts as may reasonably be within its ability and as may from time to time be required under applicable law to continue the exemption from federal income taxation of the interest on the Bonds. (a) Arbitrage Covenant. Without limiting the generality of the foregoing, the City covenants that it will not take any action or fail to take any action with respect to the proceeds of sale of the Bonds or any other funds of the City which may be deemed to be proceeds of the Bonds pursuant to Section 148 of the Code and the regulations promulgated -26- Limited Tax General Obligation Refunding Bonds, 2014 thereunder which, if such use had been reasonably expected on the dates of delivery of the Bonds to the initial purchasers thereof, would have caused the Bonds to be treated as "arbitrage bonds" within the meaning of such term as used in Section 148 of the Code. The City will comply with the requirements of Section 148 of the Code and the applicable regulations thereunder throughout the term of the Bonds. (b) Private Person Use Limitation for the Bonds. The City covenants that for as long as the Bonds are outstanding, it will not permit: (1) More than 10% of the Net Proceeds of the Bonds to be allocated to any Private Person Use; and (2) More than 10% of the principal or interest payments on the Bonds in a Bond Year to be directly or indirectly: (A) secured by any interest in property used or to be used for any Private Person Use or secured by payments in respect of property used or to be used for any Private Person Use, or (B) derived from payments (whether or not made to the City) in respect of property, or borrowed money, used or to be used for any Private Person Use. The City further covenants that, if: (3) More than five percent of the Net Proceeds of the Bonds are allocable to any Private Person Use; and (4) More than five percent of the principal or interest payments on the Bonds in a Bond Year are (under the terms of this ordinance or any underlying arrangement) directly or indirectly: -27- Limited Tax General Obligation Refunding Bonds, 2014 (A) secured by any interest in property used or to be used for any Private Person Use or secured by payments in respect of property used or to be used for any Private Person Use, or (B) derived from payments (whether or not made to the City) in respect of property, or borrowed money, used or to be used for any Private Person Use, then, (i) any Private Person Use of the projects described in subsection (3) hereof or Private Person Use payments described in subsection (4) hereof that is in excess of the five percent limitations described in such subsections (3) or (4) will be for a Private Person Use that is related to the state or local governmental use of the projects refunded by the proceeds of the Bonds, and (ii) any Private Person Use will not exceed the amount of Net Proceeds of the Bonds allocable to the state or local governmental use portion of the projects(s) to which the Private Person Use of such portion of the projects refunded by the proceeds of the Bonds relate. The City further covenants that it will comply with any limitations on the use of the projects refunded by the proceeds of the Bonds by other than state and local governmental users that are necessary, in the opinion of its bond counsel, to preserve the tax exemption of the interest on the Bonds. (c) Modification of Tax Covenants. The covenants of this section are specified solely to assure the continued exemption from regular income taxation of the interest on the Bonds. To that end, the provisions of this section may be modified or eliminated without any requirement for -28- Limited Tax General Obligation Refunding Bonds, 2014 formal amendment thereof upon receipt of an opinion of the City's bond counsel that such modification or elimination will not adversely affect the tax exemption of interest on any Bonds. (d) In the Federal Tax Certificate the City may designate the Bonds as "qualified tax-exempt obligations" under Section 265(b)(3) of the Code for investment by financial institutions if at the time of such designation it reasonably does not expect to issue more than $10,000,000 in qualifying tax-exempt debt during calendar year 2014. SECTION 9. - Bond Fund and Provision for Tax Levy Payments. The City hereby authorizes the creation of a fund to be used for the payment of debt service on the Bonds, designated as the "City of Kent Limited Tax General Obligation Bond Debt Service Fund, 2014" (the "Bond Fund"). No later than the date each payment of principal of or interest on the Bonds becomes due, the City shall transmit sufficient funds, from the Bond Fund or from other legally available sources, to the Bond Registrar for the payment of such principal or interest. Money in the Bond Fund may be invested in legal investments for City funds. The City hereby irrevocably covenants and agrees for as long as any of the Bonds are outstanding and unpaid that each year it will include in its budget and levy an ad valorem tax upon all the property within the City subject to taxation in an amount that will be sufficient, together with all other revenues and money of the City legally available for such purposes, to pay the principal of and interest on the Bonds when due. -29- Limited Tax General Obligation Refunding Bonds, 2014 The City hereby irrevocably pledges that the annual tax provided for herein to be levied for the payment of such principal and interest shall be within and as a part of the tax levy permitted to cities without a vote of the people, and that a sufficient portion of each annual levy to be levied and collected by the City prior to the full payment of the principal of and interest on the Bonds will be and is hereby irrevocably set aside, pledged and appropriated for the payment of the principal of and interest on the Bonds. The full faith, credit and resources of the City are hereby irrevocably pledged for the annual levy and collection of said taxes and for the prompt payment of the principal of and interest on the Bonds when due. SECTION 10. - Defeasance. In the event that the City, to effect the payment, retirement or redemption of any Bond, sets aside in the Bond Fund or in another special account, cash or noncallable Government Obligations, or any combination of cash and/or noncallable Government Obligations, in amounts and maturities which, together with the known earned income therefrom, are sufficient to redeem or pay and retire such Bond in accordance with its terms and to pay when due the interest and redemption premium, if any, thereon, and such cash and/or noncallable Government Obligations are irrevocably set aside and pledged for such purpose, then no further payments need be made into the Bond Fund for the payment of the principal of and interest on such Bond. The owner of a Bond so provided for shall cease to be entitled to any lien, benefit or security of this ordinance except the right to receive payment of principal, -30- Limited Tax General Obligation Refunding Bonds, 2014 premium, if any, and interest from the Bond Fund or such special account, and such Bond shall be deemed to be not outstanding under this ordinance. The City shall give written notice of defeasance to the owners of all Bonds so provided for within 30 days of the defeasance and to each party entitled to receive notice in accordance with Section 12. SECTION 11. - Sale of Bonds. (a) Bond Sale. The Bonds shall be sold at negotiated sale to the Underwriter pursuant to the terms of the Bond Purchase Contract. The Financial Advisor has advised the Council that market conditions are fluctuating and, as a result, the most favorable market conditions may occur on a day other than a regular meeting date of the Council. The Council has determined that it would be in the best interest of the City to delegate to the Designated Representative for a limited time the authority to approve the final interest rates, aggregate principal amount, principal amounts of each maturity of the Bonds, selection of the Refunded Bonds, and redemption rights. The Designated Representative is hereby authorized to designate a portion or all of the Refunding Candidates as Refunded Bonds, and to approve the final interest rates, aggregate principal amount, principal amounts of each maturity of the Bonds, and redemption rights for the Bonds in the manner provided hereafter so long as (i) the aggregate principal amount of the Bonds does not exceed $14,000,000, (ii) the final maturity date for the Bonds is no later than December 1, 2021, (iii) the -31- Limited Tax General Obligation Refunding Bonds, 2014 Bonds are sold (in the aggregate) at a price not less than 97% and not greater than 120%, (iv) the Bonds are sold for a price that results in a minimum net present value debt service savings over the Refunded Bonds of at least 3.0%, (v) the true interest cost for the Bonds (in the aggregate) does not exceed 3.5%; and (vi) the Bonds conform to all other terms of this ordinance. Subject to the terms and conditions set forth in this section, the Designated Representative is hereby authorized to execute the Bond Purchase Contract. Following the execution of the Bond Purchase Contract, the Finance Director shall provide a report to the Council describing the final terms of the Bonds approved pursuant to the authority delegated in this section. The authority granted to the Designated Representative by this Section 11 shall expire 120 days after the effective date of this ordinance. If a Bond Purchase Contract for the Bonds has not been executed within 120 days after the effective date of this ordinance, the authorization for the issuance of the Bonds shall be rescinded, and the Bonds shall not be issued nor their sale approved unless such Bonds shall have been re- authorized by ordinance of the Council. The ordinance re-authorizing the issuance and sale of such Bonds may be in the form of a new ordinance repealing this ordinance in whole or in part or may be in the form of an amendatory ordinance approving a bond purchase contract or establishing terms and conditions for the authority delegated under this Section 11. (b) Delivery of Bonds; Documentation. Upon the passage and approval of this ordinance, the proper officials of the City, including the -32- Limited Tax General Obligation Refunding Bonds, 2014 Finance Director and Chief Administrative Officer, are authorized and directed to undertake all action necessary for the prompt execution and delivery of the Bonds to the Underwriter and further to execute all closing certificates and documents required to effect the closing and delivery of the Bonds in accordance with the terms of this ordinance and the Bond Purchase Contract. (c) Preliminary and Final Official Statements. The Finance Director is hereby authorized to ratify and to deem final the preliminary Official Statement relating to the Bonds for the purposes of the Rule. The Finance Director is further authorized to ratify and to approve for purposes of the Rule, on behalf of the City, the final Official Statement relating to the issuance and sale of the Bonds and the distribution of the final Official Statement pursuant thereto with such changes, if any, as may be deemed by her to be appropriate. SECTION 12. - Undertaking to Provide Ongoing Disclosure. (a) Contract/Undertaking. This section constitutes the City's written undertaking for the benefit of the owners, including Beneficial Owners, of the Bonds as required by Section (b)(5) of the Rule. (b) Financial Statements/Operating Data. The City agrees to provide or cause to be provided to the MSRB the following annual financial information and operating data for the prior fiscal year (commencing in 2014 for the fiscal year ended December 31, 2013): 1. Annual financial statements, which statements may or may not be audited, showing ending fund balances for the City's general -33- Limited Tax General Obligation Refunding Bonds, 2014 fund prepared in accordance with the Budgeting Accounting and Reporting System prescribed by the Washington State Auditor pursuant to RCW 43.09.200 (or any successor statute) and generally of the type specified in the official statement for the Bonds; 2. The assessed valuation of taxable property in the City; 3. Ad valorem taxes due and percentage of taxes collected; 4. Property tax levy rate per $1,000 of assessed valuation; and 5. Outstanding general obligation debt of the City. Items 2-5 shall be required only to the extent that such information is not included in the annual financial statements. The information and data described above shall be provided on or before nine months after the end of the City's fiscal year. The City's current fiscal year ends December 31. The City may adjust such fiscal year by providing written notice of the change of fiscal year to the MSRB. In lieu of providing such annual financial information and operating data, the City may cross-reference to other documents available to the public on the MSRB's internet website or filed with the Commission. If not provided as part of the annual financial information discussed above, the City shall provide to the MSRB the City's audited annual financial statements prepared in accordance with the Budgeting Accounting and Reporting System prescribed by the Washington State -34- Limited Tax General Obligation Refunding Bonds, 2014 Auditor pursuant to RCW 43.09.200 (or any successor statute) when and if available. (c) Listed Events. The City agrees to provide or cause to be provided to the MSRB, in a timely manner not in excess of ten business days after the occurrence of the event, notice of the occurrence of any of the following events with respect to the Bonds: • Principal and interest payment delinquencies; • Non-payment related defaults, if material; • Unscheduled draws on debt service reserves reflecting financial difficulties; • Unscheduled draws on credit enhancements reflecting financial difficulties; • Substitution of credit or liquidity providers, or their failure to perform; • Adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701-TEB) or other material notices or determinations with respect to the tax status of the Bonds, or other material events affecting the tax status of the Bonds; • Modifications to the rights of Bondholders, if material; • Bond calls, if material, and tender offers; • Defeasances; -35- Limited Tax General Obligation Refunding Bonds, 2014 • Release, substitution, or sale of property securing repayment of the Bonds, if material; • Rating changes; • Bankruptcy, insolvency, receivership or similar event of the City; • The consummation of a merger, consolidation, or acquisition involving the City or the sale of all or substantially all of the assets of the City, other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material; and • Appointment of a successor or additional trustee or the change of name of a trustee, if material. The City shall promptly determine whether the events described above are material. (d) Format for Filings with the MSRB. All notices, financial information and operating data required by this undertaking to be provided to the MSRB must be in an electronic format as prescribed by the MSRB. All documents provided to the MSRB pursuant to this undertaking must be accompanied by identifying information as prescribed by the MSRB. (e) Notification Upon Failure to Provide Financial Data. The City agrees to provide or cause to be provided, in a timely manner, to the -36- Limited Tax General Obligation Refunding Bonds, 2014 MSRB notice of its failure to provide the annual financial information described in Subsection (b) above on or prior to the date set forth in Subsection (b) above. (f) Termination/Modification. The City's obligations to provide annual financial information and notices of certain listed events shall terminate upon the legal defeasance, prior redemption or payment in full of all of the Bonds. Any provision of this section shall be null and void if the City (1) obtains an opinion of nationally recognized bond counsel to the effect that the portion of the Rule that requires that provision is invalid, has been repealed retroactively or otherwise does not apply to the Bonds and (2) notifies the MSRB of such opinion and the cancellation of this section. The City may amend this section with an opinion of nationally recognized bond counsel in accordance with the Rule. In the event of any amendment of this section, the City shall describe such amendment in the next annual report, and shall include a narrative explanation of the reason for the amendment and its impact on the type (or in the case of a change of accounting principles, on the presentation) of financial information or operating data being presented by the City. In addition, if the amendment relates to the accounting principles to be followed in preparing financial statements, (A) notice of such change shall be given in the same manner as for a listed event under Subsection (c), and (B) the annual report for the year in which the change is made shall present a comparison (in narrative form and also, if feasible, in quantitative form) between the -37- Limited Tax General Obligation Refunding Bonds, 2014 financial statements as prepared on the basis of the new accounting principles and those prepared on the basis of the former accounting principles. (g) Bond Owner's Remedies Under This Section. The right of any bondowner or Beneficial Owner of Bonds to enforce the provisions of this section shall be limited to a right to obtain specific enforcement of the City's obligations under this section, and any failure by the City to comply with the provisions of this undertaking shall not be an event of default with respect to the Bonds. (h) No Default. Except as otherwise disclosed in the City's official statement relating to the Bonds, the City is not and has not been in default in the performance of its obligations of any prior undertaking for ongoing disclosure with respect to its obligations. SECTION 13. - Lost, Stolen or Destroyed Bonds. In case any Bond or Bonds shall be lost, stolen or destroyed, the Bond Registrar may execute and deliver a new Bond or Bonds of like date, number and tenor to the Registered Owner thereof upon the Registered Owner's paying the expenses and charges of the City and the Bond Registrar in connection therewith and upon his/her filing with the City evidence satisfactory to the City that such Bond was actually lost, stolen or destroyed and of his/her ownership thereof, and upon furnishing the City and/or the Bond Registrar with indemnity satisfactory to the City and the Bond Registrar. SECTION 14. - Severability; Ratification. If any one or more of the covenants or agreements provided in this ordinance to be performed -38- Limited Tax General Obligation Refunding Bonds, 2014 on the part of the City shall be declared by any court of competent jurisdiction to be contrary to law, then such covenant or covenants, agreement or agreements, shall be null and void and shall be deemed separable from the remaining covenants and agreements of this ordinance and shall in no way affect the validity of the other provisions of this ordinance or of the Bonds. All acts taken pursuant to the authority granted in this ordinance but prior to its effective date are hereby ratified and confirmed. -39- Limited Tax General Obligation Refunding Bonds, 2014 SECTION 15. - Effective Date of Ordinance. This ordinance shall take effect and be in force five days after its passage, approval, and publication as provided by law. Adopted by the City Council of the City of Kent, Washington, at a regular meeting thereof held this 4th of February, 2014. By Suzette Cooke, Mayor ATTEST Ronald F. Moore, MMC, City Clerk APPROVED AS TO FORM: PACIFICA LAW GROUP LLP Bond Counsel PASSED: of February, 2014 APPROVED: of February, 2014 PUBLISHED: of February, 2014 -40- Limited Tax General Obligation Refunding Bonds, 2014 CERTIFICATION I, the undersigned, City Clerk of the City of Kent, Washington (the "City"), hereby certify as follows: 1. The attached copy of Ordinance No. (the "Ordinance") is a full, true and correct copy of an ordinance duly passed at a regular meeting of the City Council of the City held at the regular time and meeting place thereof on February 4, 2014, as that ordinance appears on the minute book of the City; and the Ordinance will be in full force and effect after its passage; and 2. A quorum of the members of the City Council was present throughout the meeting and a majority of those members present voted in the proper manner for the passage of the Ordinance. IN WITNESS WHEREOF, I have hereunto set my hand this 4th day of February, 2014. CITY OF KENT, WASHINGTON Ronald F. Moore, MMC, City Clerk This page intentionally left blank. KENT Agenda Item: Consent — 7F TO: City Council DATE: February 4, 2014 SUBJECT: Budget Certification for Annexation Sales Tax Credit Resolution — Adopt MOTION: Move to adopt Resolution No. , approving the certification of $4,230,777 for the Panther Lake annexation sales tax credit for the period July 1, 2014 through June 30, 2015. SUMMARY: The City is required to certify to the state of Washington before March Vt of each year, the amount needed from the annexation sales tax credit to provide services in the annexed area. The Finance Department has calculated the costs and revenues within the Panther Lake annexation area and has determined a gap between revenues generated and expenditures used to provide services of $4,230,777 for July 1, 2014 through June 30, 2015. EXHIBITS: Resolution RECOMMENDED BY: Operations Committee YEA: Thomas - Ralph - Boyce (post meeting) NAY: BUDGET IMPACTS: The budget for the Panther Lake annexation area for the State's fiscal year 2013 is anticipated to be $11,949,899 in expenditures to provide City services to those residents, while we anticipate revenues of $7,719,122 from property taxes, sales taxes and other sources. The net of the revenues and costs produces a deficit of $4,230,777 which is the amount being certified as the amount of annexation sales tax credit we are requesting from the State. This page intentionally left blank. RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington, determining a new threshold amount for the sales and use tax authorized by RCW 82.14.415 and codified in Chapter 3.27 of the Kent City Code, relating to the cost of providing municipal services to the Panther Lake Annexation Area for the 2014 fiscal year, and authorizing the Finance Director to certify the threshold amount to the Washington State Department of Revenue. RECITALS A. RCW 82.14.415 authorizes the City to impose a sales and use tax as a credit against state retail sales and use taxes collected under Chapters 82.08 and 82.12 RCW to assist the City in providing municipal services to newly annexed areas. B. After providing all appropriate notice and following appropriate procedure, and following a favorable vote on the annexation proposition, the Kent City Council adopted Ordinance No. 3936 on December 8, 2009, approving the Panther Lake Annexation Area effective July 1, 2010. The population within the annexation area determined at the time of annexation was 25,458 people. 1 Tax Credit Threshold Panther Lake Annexation C. On February 16, 2010, the City Council passed Ordinance No. 3947, creating Chapter 3.27 of the Kent City Code and imposing the sales and use tax at the rate of 0.2 percent. D. On February 15, 2011, the City Council adopted Resolution No. 1839 confirming the tax rate at 0.2 percent and authorizing the finance director to certify the threshold amount for the 2011 fiscal year. E. On February 7, 2012, through Resolution No. 1853, the City Council adopted a new threshold amount for the 2012 fiscal year and authorized the finance director to certify the same. F. On February 19, 2013, through Resolution No. 1871, the City Council adopted a new threshold amount for the 2013 fiscal year and authorized the finance director to certify the same. G. With this Resolution, the City authorizes the imposition of similar annexation sales and use taxes for the 2014 fiscal year. H. The City Council of the city of Kent, Washington, finds and determines that the projected cost to provide municipal services to the Panther Lake Annexation Area for the 2014 fiscal year will be at least $11,949,899, and that this cost exceeds the projected general revenue that the City would otherwise receive from the annexation during the 2014 fiscal year, which is estimated to be $7,719,122. I. Pursuant to RCW 82.14.415, the city of Kent is authorized, under the circumstances of this annexation, to impose a sales and use tax for the 2014 fiscal year, which shall be collected by the State department of revenue from those persons who are taxable by the state under 2 Tax Credit Threshold Panther Lake Annexation Chapters 82.08 and 82.12 RCW, upon the occurrence of any taxable event within the City. J. The rate of tax imposed shall be 0.2 percent, and shall be in addition to other taxes authorized by law, and the threshold amount for the 2014 fiscal year is $4,230,777. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: RESOLUTION SECTION 1, - Rate and Threshold Amount. The Kent City Council determines that the threshold amount for the City's projected net cost in providing municipal services to the Panther Lake Annexation Area for the 2014 fiscal year is $4,230,777. The City Council previously imposed a sales and use tax at the rate of 0.2 percent, with the passage of Ordinance No. 3947 on February 16, 2010. SECTION 2, - Implementation and certification. The Mayor of the city of Kent is authorized to implement administrative procedures as may be necessary to carry out the provisions of this resolution. The City's Finance Director is authorized to certify the amount for the 2014 fiscal year to the appropriate agencies within the State of Washington. SECTION 3, - Severability. If any section, subsection, paragraph, sentence, clause or phrase of this resolution is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this resolution. 3 Tax Credit Threshold Panther Lake Annexation SECTION 4, - Savings. Resolution No. 1871 shall remain in full force and effect until the effective date of this resolution. SECTIONS. - Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. SECTION 6, - Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this resolution, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or resolution numbering and section/subsection numbering. SECTION 7, - Effective Date. This resolution shall take effect and be in force immediately upon its passage, however the imposition of the sales and use taxes for the 2014 state fiscal year authorized by this resolution shall not take effect until the commencement of that fiscal year. PASSED at a regular open public meeting by the City Council of the city of Kent, Washington, this day of 2014. CONCURRED in by the Mayor of the city of Kent this day of 2014. SUZETTE COOKE, MAYOR 4 Tax Credit Threshold Panther Lake Annexation ATTEST: RONALD F. MOORE, CITY CLERK APPROVED AS TO FORM: ARTHUR "PAT" FITZPATRICK, ACTING CITY ATTORNEY I hereby certify that this is a true and correct copy of Resolution No. passed by the City Council of the city of Kent, Washington, the day of 2014. RONALD F. MOORE, CITY CLERK P:\Civil\I solution\Mnexadon Sales Tax Threshold2014.docx 5 Tax Credit Threshold Panther Lake Annexation This page intentionally left blank. KENT Agenda Item: Consent - 7G TO: City Council DATE: February 4, 2014 SUBJECT: Emergency Guardrail Repair Service Contract with Peterson Brothers, Inc. - Authorize MOTION: Authorize the Mayor to sign a contract with Petersen Brothers Construction, Inc. to perform emergency repairs of damaged guardrails on an as needed basis in an amount not to exceed $20,000, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: The city typically has several guardrails that are damaged or destroyed each year by vehicles due to severe weather or inattentive drivers. In the past we have spent time soliciting bids for each repair. Petersen Brothers is the only business that consistently responds and at this time is the sole provider for this service in the region. We are requesting the approval of this contract to be able to expedite repairs. EXHIBITS: None RECOMMENDED BY: Public Works Committee YEA: Berrios - Ralph - Higgins NAY: BUDGET IMPACTS: Funds would be made available by Council through the use of Business and Occupation Tax. This page intentionally left blank. KENT Agenda Item: Consent - 7H TO: City Council DATE: February 4, 2014 SUBJECT: 2013 Crack Sealing Project Completion - Accept MOTION: Accept the 2012 Crack Sealing Project as complete and release retainage to C.R. Contracting, upon receipt of standard releases from the state and the release of any liens. SUMMARY: Crack sealing is a maintenance treatment used to prevent water from infiltrating cracks in a roadway. When water infiltrates cracks, it leads to accelerated damage of the roadway. Historically, Public Works Operations crews have performed crack sealing. Our crews still perform a significant amount of crack sealing work annually; however, the volume of work has exceeded the time available for in-house personnel. Therefore, several roadways in the valley were identified to have crack sealing performed by a Contractor. The original contract amount was $195,300.00. The final contract amount was $194,194.70. The project consisted of installing approximately 18 tons of rubberized asphalt for crack sealing on Central Avenue South, West Valley Highway, 84th Avenue South, 64th Avenue South, Meeker Street and several industrial streets in the northwest corner of the city. The contract is now complete and ready for Council acceptance. EXHIBITS: None RECOMMENDED BY: Public Works Director YEA: NAY: BUDGET IMPACTS: This project was funded from the Business & Occupation tax revenue. This item did not need to be brought to Committee. This page intentionally left blank. KENT Agenda Item: Consent - 7I TO: City Council DATE: February 4, 2014 SUBJECT: Oakleigh I & II Bill of Sale- Accept MOTION: Accept the Bill of Sale for the Oakleigh I & II project, permit 2071420, for 28 gate valves, 5 hydrants, and 3,816 linear feet of waterline; 17 sanitary sewer manholes, and 2,747 linear feet of sanitary sewerline; 384 linear feet of new curb and gutter, 272 linear feet of new sidewalk, 2 street lights, and 6 street trees; 1 storm sewer catch basin, and 320 linear feet of storm sewerline. SUMMARY: The Oakleigh I & II project is located at 27919 106th Ave. SE; parcel #3222059089. EXHIBITS: Oakleigh I & II Bill of Sale RECOMMENDED BY: Public Works Director YEA: NAY: BUDGET IMPACTS: This page intentionally left blank. MAIL TO: CITY OF KENT ENGINEERING DEPARTMENT ATTN: Ozzie Carrasquilla �Aj 220 — 4T" AVENUE SOUTH WASH IN a T O a KENT, WASHINGTON 98032 Project: Oakleigh I & II CITY OF KFNT Permit #:_RECC-2071420 JUN Q 5 201.E Location: 108" Avenue SE at SE 279th Street ENGINEERING UEP I Parcel #: 322205-9094. -9089. -9095, -9122, -9137 BILL OF SALE CITY OF KENT KING COUNTY, WASHINGTON THIS INSTRUMENT made this 12th day of April 2013, by and between Henley USA LLC, hereinafter called "Grantors", and City of Kent, a municipal corporation of King County, State of Washington, hereinafter called "Grantee": WITNESSETH: That the said Grantors for a valuable consideration does hereby grant, bargain, sell to Grantee the following described improvements: A. WATERMAINS: Together with a total of 28 gate valves at $800.00 each, 5 hydrants at $4,200 each and/or any other appurtenances thereto. ON FROM TO SE 2Both Street 1081h Avenue SE West plat boundary 105th Avenue SE 106th Avenue SE SE 278th Street SE 279th Street 1071h Place SE SE 2771h Place 108th Avenue SE Private Drive Access Including 3,816 linear feet at $42.00 per LF of 8" D.I. waterline, and 300 linear feet at $50.00 per LF of 12" D.I. waterline. Bill of Sale 14369.036.doc 1of5 B. SANITARY SEWERS: Together with a total of 17 manholes at $3,200.00 each and/or any other appurtenances thereto. ON FROM TO SE 2801h Street 1081h Avenue SE West plat boundary 105th Avenue SE 106th Avenue SE SE 278th Street SE 279th Street 107" Place SE SE 2771h Place 108th Avenue SE Private Drive Access Including 2,747 linear feet at $38.00 per LF of 8" PVC sewerline, and 611 linear feet at $50.00 per LF of 12" PVC sewerline. C. FRONTAGEIMPROVEMENTS: Together with lights, trees, landscaping (except residential streets) and/or any other appurtenances ON FROM M 1081h Avenue SE SE 279th Street SE 278t" Street Including 384 linear feet at $8.00 per LF of concrete curb and gutter, and 272 linear feet at $12.00 per LF of 6-foot concrete sidewalk, and 2 street lights at $6,500.00 each, and 6 street trees at $300.00 each. D. STORM SEWERS: Together with a total of 5 Type I catch basins at $950.00 each, and/or any other appurtenances thereto. ON FROM TO 1081h Avenue SE SE 279th Street SE 278th Street Including 320 linear feet at $28.00 per LF of 12" PVC sewerline. To have and to hold the same to the said Grantee, its successors and assigns forever. The undersigned hereby covenants that it is the lawful owner of said property; and that the same is free from all encumbrances; that all bills for labor and materials have been paid; that it has the right to sell the same aforesaid; that it will warrant and defend the same against the lawful claims and demand of all person(s). The Bill of Sale is given on consideration of the agreement of the Grantee for itself, its successors and assigns to incorporate said utilities in its utility system and to maintain them as provided in the applicable City Ordinances. The City accepts the items subject to staff approval and completion of a 2 year maintenance period. Bill of Sale 1436e.036.doc 2of5 IN WITNCEESS WHEREOF, the undersigned has caused this instrument to be executed on this L t day of 2013. ��V v,-..L,'f'\'Jv-- i=`�- L-Li.u1.C�; N'lfi,Vtet.�a• r�:,_�'._.. '.. IN WITNESS WHEREOF, the undersigned has caused this instrument to be executed on this day of 2013, STATE OF WASHINGTON ) ) SS COUNTY OF KING ) On this day of 2013, before me, .the undersigned A Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared to me known to be the individual described in and who executed the foregoing instrument, and acknowledged to me that he/she signed and sealed this instrument as his/her free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of 2013. Notary Public in and for the State of Washington, residing at My Commission Expires: Bill of Sale 14369.036.doc 3 of 5 i STATE OF WASHINGTON ) ) SS COUNTY OF KING ) On this is day of Y 2013, before me, the undersigned A Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared f�t' t (`--&A1/e-// and to me to be the PJ �c�P (,.bvo6 4d" d respectively of FiR/ � dA the�7G�M ;,Ce®/ G>'40,IAX l"rx that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said Gf-C for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute the said instrument. Witness my hand and official seal hereto affix the day and year first above written. �449bRSGilytrid�,�� �«•�@i,�Qp1NTih�ry,„•.,/Js�se. ,€ll .�' .l.�s�iwr � :0°4. Notary Public IW and for the ate of *, 30 w.Z_ Washington, residing at 2014 ?BeR AitP16 �0`��`` My Commission Expires: The Bill of Sale is given and accepted pursuant to a motion duly made, seconded, and passed by the City Council of the City of Kent, King County, Washington, on the day of 2013. Bill of Sale 14369.036.doc 4of5 FO i WASHINGTON it ENGINEER'S CERTIFICATION CITY OF KENT KING COUNTY, WASHINGTON The figures used on the Bill of Sale for the Oakleigh I and II project dated April 12, 2013, for the same said Oakleigh I and II project. Chris Jensen, the undersigned P.E. or land surveyor is the person responsible for the preparation of the Bill of Sale and is an employee of Barghausen Consulting Engineers, Inc., the firm responsible for the preparation of the record drawings. �R1S JEFys� evA �C O 4 11111� Sigr ature (Engineer stamp required) Bill of Sale 14369.036.doc 5of5 This page intentionally left blank. KENT Agenda Item: Other Business — 8A TO: City Council DATE: February 4, 2014 SUBJECT: Financial policy Resolution - Adopt MOTION: Move to adopt Resolution No. , repealing Resolution No. 1859, amending financial policies to be used for guidance when enacting and amending the city budget. SUMMARY: This resolution amends the city's financial policies by clarifying the requirements and available uses for the city's Strategic Opportunities Fund, first, by confirming that non-recurring revenues only be applied to non-recurring expenses, and second, by confirming that monies will not be spent out of this fund unless the council first approves the expenditure. Additionally, we have added a new, aspirational goal designed to obtain exceptional financial stability by increasing our total government fund balance to a point where it should carry the city through future economic downturns. EXHIBITS: Resolution and Exhibit RECOMMENDED BY: Operations Committee YEA: Thomas — Ralph — Boyce (post meeting) NAY: BUDGET IMPACTS: None This page intentionally left blank. RESOLUTION NO. A RESOLUTION of the city council of the city of Kent, Washington, repealing Resolution 1859 and adopting financial, accounting, and budgetary policies intended to provide short and long-term guidance to city staff for the purpose of achieving financial stability and achieving goals established in the City Council's Strategic Plan. RECITALS A. As the council developed its strategic plan, it also created a new set of financial, accounting and budgetary policies that are intended to offer short and long-term guidance to city staff as the city moves toward accomplishing the goals established in the strategic plan. The council adopted these financial policies by resolution on June 5, 2012. B. Since implementing these policies, the council has determined that certain policies, such as the policy pertaining to the city's "Strategic Opportunities Fund," need clarification. Further, in order to be best prepared for future economic downturns, the policies have been amended to add an aspirational goal of building a solid financial reserve for all city funds. C. Just as the strategic plan reflects goals and a vision the city strives to achieve, these amended policies reflect the financial goals and vision for the city. Accordingly, the council implements these policies today with the 1 Financial Policies Resolution understanding that not all goals can be achieved immediately, but rather will be achieved over time. THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: RESOLUTION SECTION 1, - Recitals. The foregoing recitals are incorporated by this reference. SECTION 2, - Repealer. Resolution No. 1859, adopted on June 5, 2012, is repealed in its entirety. SECTION 3, - Policies Adopted. The city of Kent Financial Policies attached as Exhibit A are adopted. SECTION 4, - Severabilitv. If any one or more section, subsection, or sentence of this resolution is held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining portion of this resolution and that remaining portion shall maintain its full force and effect. SECTION S. - Effective Date. This resolution shall take effect and be in force immediately upon its passage. PASSED at a regular open public meeting by the city council of the city of Kent, Washington, this day of 2014. SUZETTE COOKE, MAYOR 2 Financial Policies Resolution ATTEST: RONALD F. MOORE, CITY CLERK APPROVED AS TO FORM: ARTHUR 11PAT" FITZPATRICK, ACTING CITY ATTORNEY I hereby certify that this is a true and correct copy of Resolution No. passed by the city council of the city of Kent, Washington, the day of 2014. RONALD F. MOORE, CITY CLERK (SEAL) P:\Civil\Pesolution\financial Policies 2014.docx 3 Financial Policies Resolution FINANCIAL POLICIES FINANCIAL STABILITY POLICIES General Fund Reserves — The target for the General Fund Contingency Reserve is 10% of the General Fund budgeted expenditures or an amount that will maintain sufficient cash flow, whichever is greater. The policy is designed to provide a fiscal cushion and meet seasonal cash flow shortfalls. If the General fund reserve goes below 10%, based on the ending fund balance on December 31 of each year, the City shall take steps to rebuild the reserve within the next fiscal year. Strategic Opportunities Fund — The City shall annually transfer any amount in excess of the 10% General Fund Contingency Reserve in the General Fund to this fund, after first funding the Contingency for Unanticipated Costs. This fund will act as if it is a permanent fund except that it may be used to take advantage of investment opportunities that may arise. For the purposes of this section, "investment opportunities" includes expenditures intended to increase city revenues or decrease operating or capital costs. To the extent the balance in this fund is not from a recurring revenue source, it should only be utilized for a non-operating purpose or one time expenditure. In addition, any appropriation from this fund must first be approved by the City Council. In the event any of this fund is used in an economic downturn to stabilize city finances, such appropriation shall be repaid to the fund annually over the next three years. Capital Reserve Fund — The City shall annually budget a minimum of $250,000 into a reserve for the general capital needs of the City. Such fund may be used for unanticipated capital needs typically resulting from a natural disaster. This fund is designated to act as a stabilization fund for general capital and may, with a specific appropriation by City Council, be used for investment in revenue producing capital projects or capital projects that reduce recurring operational expenditures. This fund shall be enumerated in the budget and accrue each year. Contingency for Unanticipated Costs — The City will annually budget no less than $500,000 in the General fund for unanticipated costs. This amount, if unused, will be transferred in to a project account until the amount reaches a maximum of $1,500,000. If the fund or any portion of it is used, the City shall restore the balance to its $1,500,000 within three years. Maintenance and Operational Planning — Maintenance of current assets shall take priority over new capital projects whenever possible. The City Council shall ensure that there are stable sources of revenue to fund ongoing maintenance of capital assets. Before any new capital asset is approved, staff shall present an estimate of the life cycle and maintenance cost. Such costs shall be included in the budgets for the following years. The City Council shall not approve of new capital projects unless there is funding for the ongoing maintenance of the asset. The City shall maintain an inventory of all City assets and costs of maintenance of those assets. Total Governmental Funds Reserves — As an aspirational goal, the City shall maintain a total governmental fund balance of twice the greatest volatility in year over year changes in total revenues or $30 million, whichever is greater. DEBT POLICIES Projects Funded by Bonds — The use of long-term debt shall be minimized. The City should issue debt only for major capital projects. Debt should only be authorized for projects where the life of the asset constructed or acquired exceeds the life of the debt. Debt Service— To ensure that the City always meets all of their debt obligations, payments on outstanding debt shall be the highest priority before payment for other capital expenditures. Interfund Borrowing - The City will use interfund borrowing where such borrowing is cost effective to both the borrowing and the lending fund, and the funds will not be needed by the loaning fund during the term of the loan. Such borrowing shall implement Council directed policy in a simplified manner, such as borrowing associated with interim financing for local improvement district projects. A repayment plan should be approved along with the loan. The Mayor may approve loans for a term of one year. The Council must approve loans with terms longer than one year. Exhibit A OPERATING BUDGET POLICIES City Target Issues-The City Council will update its strategic plan in the early spring of each year. The staff will use this plan for development of the following year's budget priorities and the next biennial budget. Budget Kickoff—The Mayor and City Council shall meet in the Spring of even numbered years to plan the following biennial budget and agree on the anticipated revenues on which the preliminary budget will be based. The City Council shall review revenue estimates and preview potential changes to revenues. The City Council shall then approve the revenue amount that will be used by the Mayor to form the initial preliminary budget. The Mayor and City Council will meet additionally in late Summer to re-review the revenue estimates to adjust them more closely to the additional revenue information that has become available with the passage of time. Any changes resulting from this meeting shall be incorporated into the preliminary budget to be considered by City Council. Program Reviews — The Mayor shall perform a periodic review of staff and programs of the City for both efficiency and effectiveness.Alternate methods of delivery will be evaluated for providing services. Programs that are determined to be inefficient, ineffective, or inconsistent with the City Council's strategic goals shall be reduced in scope or eliminated. Preliminary Budget — The Mayor shall propose a preliminary budget in the Fall of even numbered years. The preliminary budget will be developed in accordance with the revenues approved by the City Council at the budget kickoff as amended. If the preliminary budget is based on revenues in excess of those approved by City Council,the Mayor will present the justification for the increased revenues or the additional proposed revenue sources. Structurally Balanced Budget—The Mayor shall present, and the City Council shall adopt a budget in which ongoing revenues equal or exceed ongoing expenditures. One time revenues shall not be used to pay for recurring expenditures. Conservative Expenditure Budgeting-The City will maintain its conservative expenditure budgeting with respect to budgeting existing full time positions for a full year. Acceptance of Grants —The City shall review any requirements for ongoing costs from any grant for operational purposes. Any requirement to fund any portion of the costs as a condition of receipt of the grant shall be a consideration in the decision to accept or reject the grant. Self Supporting Proprietary Funds-The City's water, sewer and golf course enterprise funds will be self supporting along with its internal service funds. The cost of providing services is expected to be fully funded from charges for the service. If the funds produce a loss, rates will be adjusted to achieve, at minimum, a break even status. If debt has been issued which requires a certain level of return, rates and charges will be adjusted to achieve those returns. Health Insurance Reserves — The target reserve for the Health Insurance Fund shall be two times IBNR. Full Cost of Service — The City will define its basic services to our residents. The services will be evaluated as to their full cost. This information will be incorporated and presented as a section of the annual budget. Exhibit A REVENUE AND COLLECTIONS Aggressive Collection Effort- The City will follow an aggressive policy of collecting all monies due the City to the extent that the collection efforts remain cost effective. Reimbursements on a timely basis—Many grants occur on a cost reimbursement basis. To maximize the City's available investable funds, reimbursement should be pursued on a timely basis. User Charges Related to Costs - The City will review fees and charges on an annual basis and will modify charges to adequately keep pace with increasing costs of providing services. User Charges and Taxes Related to Market Rates- The City will consider its user charges and its tax rates in connection with those of comparable sized communities and similar service providers, so that it will provide reasonable rates to maintain its advantage in the market place in attracting businesses and residences to the City of Kent. CAPITAL BUDGETING Committed Special Revenue Funds - The City will maintain its practice of designating its street and capital improvement revenue sources including a percentage of its sales tax collections for the funding of its capital improvement program. Capital Improvement Program - The City will update its capital facilities plan on an annual basis as required by the Growth Management Act. A preliminary plan will be established early in the budgeting process to serve as a guideline during the year,with a final amendment adopted with the adoption of the operating budgets to reflect the necessary changes in the City's Comprehensive Plan. DEBT POLICIES Projects Funded by Bonds — The use of long-term debt shall be minimized. The City should issue debt only for major capital projects. Debt should only be authorized for projects where the life of the asset constructed or acquired exceeds the life of the debt. Debt Service— To ensure that the City always meets all of their debt obligations, payments on outstanding debt shall be the highest priority before payment for other capital expenditures. Bond Rating-The Citywill continue to strive to improve its bond rating by improving its financial stability. Debt Capacity - The City strives to maintain adequate available debt capacity for large top priority projects. Bonding Limitations— Direct General Obligation Debt will not exceed 1.5% of assessed value; direct and indirect debt will not exceed 4% of assessed value; duration of the debt will not exceed 15 years. Revenue Debt Covenants—Will be based on the volatility of the revenues. Arbitrage regulations—Will be strictly followed. Special Assessment Guaranty Fund-The City will strive to maintain adequate reserves for retirement of special assessment debt through the maintenance of a special assessment guaranty fund at least 10% of outstanding special assessment debt. Interfund Borrowing - The City will use interfund borrowing where such borrowing is cost effective to both the borrowing and the lending fund, and the funds will not be needed by the loaning fund during the term of the loan. Such borrowing shall implement Council directed policy in a simplified manner, such as borrowing associated with interim financing for local improvement district projects. A repayment plan Exhibit A should be approved along with the loan. The Mayor may approve loans for a term of one year. The Council must approve loans with terms longer than one year. INVESTMENT POLICY Investment Security&Earnings Maximization-An investment policy was implemented per Ordinance #3278 in 1996 which detail the City's investment guidelines. The primary objective is to preserve the principal of the investment portfolio while maximizing the portfolio's return. FINANCIAL REPORTING Reporting frequency — Monthly budget and actual reports will be available to departments and a quarterly report will be presented to the City Council Operations Committee. Annual Report—Will be completed within 180 days. Reporting Improvements-The City will strive to continue to make improvements in its financial reporting scheme so that information available to the public,the City's governing bodies and other city departments is timely and the best available for sound financial decisions. Bondholders'Report— The City will prepare an annual report to bondholders. Full Disclosure—All public reports will contain full and complete disclosure of all material matters. Financial Trend Monitoring - The City will develop a program to evaluate its financial condition and establish a system for correcting any deficiencies noted. Annual Audits - The City will assist the State Auditor's Office in whatever way possible in conjunction with the preparation of the annual audit,and will implement modifications identified bythe State Auditorto improve the City's internal control and financial practices. Updates to these Policies—The Operations Committee of the City Council shall review these policies at least every four years. It is recommended that the review is done biennially during the budget process. Exhibit A ACCOUNTING Generally Accepted Accounting Principles-The City will maintain its position as a leader in producing financial reports in conformance with generally accepted accounting principles and pronouncements by the Governmental Accounting Standards Board. Basis of Accounting - The basis for accounting for the general fund, special revenue, debt service, capital projects and agency funds is modified accrual. Modified accrual recognizes revenues when they become both measurable and available to finance expenditures of the current period. The basis of accounting forthe enterprise, internal service funds and pension trustfund is full accrual. The appropriate basis is used throughout the budgeting, accounting and reporting processes, with few exceptions as noted below. Full accrual is a method of accounting that matches revenues and expenses with the period to which they relate, rather than focusing on actual cash flows. In this method, for example, an asset is depreciated as it is "used up", and the expense is recognized in periodic increments, rather than assuming the asset holds its value until it is actually disposed of. However, since the focus in budgeting is on the revenues and expendable accounts, depreciation and amortization are not considered budgetary accounts, and are excluded from the budgeting system. Likewise, debt service and capital expenditures are presented as the payments occur, departing from GAAP in this regard, in the budget document. Also, Trust and Agency Funds that may not be expended for governmental operations are excluded from this budget document. The presentation of the program budget departs from the basis of the legal budget by eliminating inter city transactions and allocating the net increases or decreases from internal services to the using programs. This is done to give the user a more complete picture of the total costs of the operating programs. Exhibit A BUDGET AND ACCOUNTING STRUCTURE The City of Kent, as all governmental units, operates its budget and accounting system based on a fund structure. Funds are established to segregate specific revenue to ensure their expenditure within applicable legal and contractual provisions. Revenues are allocated to and accounted for in individual funds based on the purposes for which they are to be spent and the means by which the spending activities are to be controlled. The City of Kent operates with seven basic fund types. Within each fund type there may exist one or more individual funds. The City of Kent operates with 26 individual funds. The fund types are listed below under their three major subheadings. FUND/PURPOSE RELATIONSHIP TO OTHER FUNDS GOVERNMENTAL FUNDS General Fund The General Fund is the principal operating The General Fund "buys" services from the fund of the City. It accounts for the financial Internal Service Funds: fuel and rental of resources of the City which are not accounted vehicles from the Equipment Rental Fund; for in any other fund. Principal sources of supplies, postage, photocopy, printing and revenue are property taxes, sales and use graphics, cable TV services, data processing taxes, utility taxes, licenses and permits, state and telephone services from Central Services; shared revenues, charges for services and facility maintenance and operation services interest income. Primary expenditures are for from Facilities; and insurance from the general City administration, police and fire Insurance Fund. Costs are allocated to all protection, engineering and planning services, funds in an effort to distribute accounting, park and street maintenance, and cultural and budgeting, legal and human resource services recreational services. as well as street, engineering and park services. General Fund also transfers funds for minor projects. Special Revenue Funds Special Revenue Funds are used to account for Taxes and grants are collected in the Street specific revenue sources that would otherwise Fund, LEOFF1 Retirees Fund, Lodging Tax be accounted for in the General Fund, but for Fund, Youth Teen Programs Fund, Capital which there exists certain legal restrictions as to Improvement Fund, Criminal Justice Fund, the use of certain revenues. The revenue is Community Development Block Grant Fund, segregated into individual special revenue funds Other Operating Projects Fund, and the Kent to ensure expenditure for a designated purpose. Events Center Operating Fund. Transfers from Principal sources of revenue are: state shared the Street and Capital Improvement Funds are fuel tax, earmarked sales and utility taxes and primarily to the Capital Project Funds or the community development block grant funds. The LTGO Debt Service Fund. major portion of these resources are transferred to other funds for debt retirement, capital acquisition and specific purposes operations. Exhibit A BUDGET AND ACCOUNTING STRUCTURE FUND/PURPOSE RELATIONSHIP TO OTHER FUNDS Debt Service Funds Debt Service Funds are used to account for the The Debt Service Funds receive the transfers accumulation of resources to be used for the from the Special Revenue Funds, Water Fund retirement of general long-term debt. The City and Sewerage Funds to pay principal and has three types of general long-term debt for interest on LTGO debt issues. which resources are accumulated: general obligation long-term debt (voted, general obligation long-term debt and LTGO)and special assessment debt. Sources of revenue to fund the retirement of general obligation long-term debt are property taxes and transfers in from other funds. Special assessments are levied and received to retire special assessment debt. Capital Projects Funds Capital Projects Funds are used to account for Transfers are received from Special Revenue the financing of major one time only capital and other funds as a partial source of funds projects other than those financed by Proprietary needed to complete projects. Funds. Sources of revenue are: proceeds of debt issuance, grants, and transfers from other funds. PROPRIETARY FUNDS Enterprise Funds Enterprise Funds are used to account for the The Enterprise Funds "buy" services from the financing of services provided to the general Equipment Rental Fund for equipment rental and public where all or most of the costs involved are fuel; from the Insurance Fund for insurance paid for by user charges. Operations financed needs; from the Central Service Funds for as enterprise funds are operated in a manner stores, telephone, postage, photocopying, similar to private business enterprises. Kent's printing and graphics, cable TV services, data enterprise funds are funded through water, processing and telecommunications; and from sewer, and drainage utility charges and the Facilities Fund for facility maintenance and recreational charges at the City's golf complex. operation services. The Enterprise Funds also reimburse the General Fund for cost allocations for budgeting,accounting, human resource, legal and engineering costs which relate to Enterprise Funds. Other funds purchase utilities at the same rate as the general public. Exhibit A BUDGET AND ACCOUNTING STRUCTURE FUND/PURPOSE RELATIONSHIP TO OTHER FUNDS Internal Service Funds Internal Service Funds are used to account for Centralizes costs for equipment rental, central the financing of specific services performed by services and insurance. These services are designated organizations within the City for "sold" to other funds at cost plus a reserve for other organizations within the City. The City's future needs. Equipment Rental, Central Service, Facilities Maintenance and Planning, and Insurance Funds provide centrally administered services then generate revenue by billing the organization to which the service is provided. FIDUCIARY FUND TYPES Trust and Agency Funds Trust and Agency Funds are used to account for assets held by the City as trustee or agent for individuals, private organizations or other governmental units. Since their funds are not expendable for City operations they are not included in the budget. However, per state auditor requirements, estimates are provided for their activities. Exhibit A BUDGET AND SPENDING CONTROL SYSTEM Budgets serve as control mechanisms in the operations of governmental units. Legal budgetary (expenditure) control in the City of Kent is maintained at the fund level. Administration can amend budgets, with no overall dollar increase between departments, within a fund. Supplemental appropriations that amend total expenditures, or in the case of Proprietary Funds amend working capital, require a City Council ordinance. All operating budgets lapse at the end of the biennium. Within each year of the biennium, a single year allocation will be adopted and operate as if it were an annual budget. General and Special Revenue Funds control expenditures with a legal biennial budget at the fund level. Debt Service Funds operate under the control of the bond indentures which established them. Capital Projects Funds operate under the control of total project authorization, rather than the annual budget. Proprietary Funds control expenditures with a flexible budget whereby the expenditure increases must be offset by increased resources. Though budgetary control is at the fund level, budget and actual information is maintained by project, organization, program and object. Both budget and actual information is presented on a GAAP basis of accounting, when presented by fund. The City must adopt its biennial budget by December of the preceding fiscal year. This usually follows six months of analysis by staff and City Council. The first step involves the establishment of the baseline revenue budget by the City Council. The second step is to review the City Council Strategic Goals and begin budget development to assist in achieving those goals.Third, undertake a program review to ensure that current program offerings are in agreement with City Council goals and priorities. The emphasis is placed on the General and Special Revenue Funds since the operation of other funds are tied to ordinances, contractual agreements or separately established rate structures. Once the baseline operations have been reviewed and adjusted based on administrative policy, program expansion is included to the level of projected available resources after the establishment of sufficient fund balances. A mid-biennium review is undertaken during the second year of the biennium in which any changes to the initial estimates of revenues and expenditures are to be reviewed. Such changes will be presented by the Mayor and discussed by the City Council. Any agreed upon changes shall be approved with an ordinance adopting changes to the biennial budget. After the preliminary budget document is prepared, the City Council spends approximately one month reviewing it. Public meetings are held to gather public input. When the budget review and final adjustment period is complete a balanced budget as required by state law is adopted by ordinance. After adoption, periodic budget adjustments that affect total fund expenditures are made as approved by City Council, but a final budget adjustment ordinance covering all approved changes is adopted at year end or the beginning of the next biennium. This page intentionally left blank. FINANCIAL POLICIES FINANCIAL STABILITY POLICIES General Fund Reserves—The target for the General Fund Contingency Reserve is 10% of the General Fund budgeted expenditures or an amount that will maintain sufficient cash flow, whichever is greater. The policy is designed to provide a fiscal cushion and meet seasonal cash flow shortfalls. If the General fund reserve goes below 10%, based on the ending fund balance on December 31 of each year, the City shall take steps to rebuild the reserve within the next fiscal year. Strategic Opportunities Fund —The City shall annually transfer any amount in excess of the 10% General Fund Contingency Reserve in the General Fund to this fund, after first funding the Contingency for Unanticipated Costs. This fund will act as if it is a permanent fund except that it may be used to take advantage of investment opportunities that may arise .. AsTo the extent , this fund _"a" GAIY be 61t I Zed Lhen the first a roved b City Council. In the event any of this funds used inlanfeco omit dovvnt is pp y y y wnturn to stabilize city finances, such appropriation shall be repaid to the fund annually over the next three years. Capital Reserve Fund — The City shall annually budget a minimum of $250,000 into a reserve for the general capital needs of the City. Such fund may be used for unanticipated capital needs typically resulting from a natural disaster. This fund is designated to act as a stabilization fund for general capital and may, with a specific appropriation by City Council, be used for investment in revenue producing capital projectsr This fund shall be enumerated in the budget and accrue each year. Contingency for Unanticipated Costs—The City will annually budget no less than $500,000 in the General fund for unanticipated costs. This amount, if unused, will be transferred in to a project account until the amount reaches a maximum of$1,500,000. If the fund or any portion of it is used, the City shall restore the balance to its$1,500,000 within three years. Maintenance and Operational Planning — Maintenance of current assets shall take priority over new capital projects whenever possible. The City Council shall ensure that there are stable sources of revenue to fund ongoing maintenance of capital assets. Before any new capital asset is approved, staff shall present an estimate of the life cycle and maintenance cost. Such costs shall be included in the budgets for the following years. The City Council shall not approve of new capital projects unless there is funding for the ongoing maintenance of the asset. The City shall maintain an inventory of all City assets and costs of maintenance of those assets. Total Governmental Funds Reserves — As an aspirational coal, the City shall maintain a� Formatted:Font:Bold total governmental fund balance of twice the greatest volatility in year over year changes in Formatted:Indent:Left: 0.12" total revenues or$30 million, whichever is greater. DEBT POLICIES Projects Funded by Bonds—The use of long-term debt shall be minimized. The City should issue debt only for major capital projects. Debt should only be authorized for projects where the life of the asset constructed or acquired exceeds the life of the debt. Debt Service—To ensure that the City always meets all of their debt obligations, payments on outstanding debt shall be the highest priority before payment for other capital expenditures. Interfund Borrowing - The City will use interfund borrowing where such borrowing is cost effective to both the borrowing and the lending fund, and the funds will not be needed by the loaning fund during the term of the loan. Such borrowing shall implement Council directed policy in a simplified manner, such as borrowing associated with interim financing for local improvement district projects. A repayment plan should be approved along with the loan. The Mayor may approve loans for a term of one year. The Council must approve loans with terms longer than one year. BIDS This page intentionally left blank. REPORTS FROM STAFF, COUNCIL COMMITTEES, AND SPECIAL COMMITTEES A. Council President B. Mayor C. Administration D. Economic & Community Development E. Operations F. Parks & Human Services G. Public Safety H. Public Works I. Regional Fire Authority J. Other K. Other This page intentionally left blank. EXECUTIVE SESSION ACTION AFTER EXECUTIVE SESSION This page intentionally left blank. CITY OF KENT City Council Meeting Agenda I�� mt U r rt r m February 4, 2014 Mayor Suzette Cooke Darla Ralph, Council President Couneilr embers Jim Berrios Bill Boyce Dennis Higgins Deborah Ranniger Les Thomas s we CIFY CLERK y � This page intentionally left blank. KENT CITY COUNCIL AGENDAS KENT February 4, 2014 w s v ro Council Chambers Mayor Suzette Cooke Council President Dana Ralph Councilmember Jim Berrios Councilmember Bill Boyce Councilmember Dennis Higgins Councilmember Deborah Ranniger Councilmember Les Thomas ********************************************************************* SPECIAL COUNCIL WORKSHOP AGENDA 5:00 P.M. Subiect Speaker Time 2014 Top Departmental Issues Tom Brubaker 90 min COUNCIL MEETING AGENDA 7:00 p.m. 1. CALL TO ORDER/FLAG SALUTE 2. ROLL CALL 3. CHANGES TO AGENDA A. FROM COUNCIL, ADMINISTRATION, OR STAFF B. FROM THE PUBLIC — Citizens may request that an item be added to the agenda at this time. Please stand or raise your hand to be recognized by the Mayor. 4. PUBLIC COMMUNICATIONS A. Public Recognition B. Community Events C. Introduction of new Arts Commission Appointee, Lynn Bohart D. Introduction of new Land Use and Planning Board Appointee, Katherine Jones and Re-Appointee, Barbara Phillips E. Intergovernmental Reports 5. PUBLIC HEARINGS 6. PUBLIC COMMENT 7. CONSENT CALENDAR A. Minutes of Previous Meetings and Workshop — Approve B. Payment of Bills — Approve C. Appointment to Arts Commission — Confirm D. Appointments to Land Use and Planning Board - Confirm (Continued) COUNCIL MEETING AGENDA CONTINUED E. Refunding 2004 Limited Tax General Obligation Bond Ordinance — Adopt F. Budget Certification for Annexation Sales Tax Credit Resolution — Adopt G. Emergency Guardrail Repair Service Contract with Peterson Brothers, Inc. — Authorize H. 2013 Crack Sealing Project Completion — Accept I. Oakleigh I & II Bill of Sale- Accept 8. OTHER BUSINESS A. Financial policy Resolution - Adopt 9. BIDS 10. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES 11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION 12. ADJOURNMENT NOTE: A copy of the full agenda packet is available for perusal in the City Clerk's Office. The Agenda Summary page and complete packet are on the City of Kent web site at www.KentWa.gov An explanation of the agenda format is given on the back of this page. Any person requiring a disability accommodation should contact the City Clerk's Office in advance at (253) 856-5725. For TDD relay service call the Washington Telecommunications Relay Service at 1-800-833-6388. co m 0 n n < `< s a �. m m n M a s C co G ° j d vmi ° n' O d • � o ooi` 3a m m '^. a a m nm a no 0 a M d my m m mQ d O V,1 Z '-J' N W � m � 4j °'0 � � d 0 tt. nn Vl JO � Op_� am CO n m Q T` m T. 01 m a a � a ,01. � m °' s S • 0 m m m C m 0 ° S ° A. - O `G m m d 4 0 rt m J o m o _. rt < n m m o rt n m c m n n 4 rt M O �; a J J O _0 m '< d n • N m < O N R J p C ] N N C N O (l n -T` o m a < o rt m M. w, Ul m 01 m � n m m o m a m d a � a s a a m a 0 o N J � lIi J m n 7 N 7 G n m y F+ (7 In p� UI rt m N Dm O GG Q 0 n rt D O n Z V � 'O O m O Ul m N n OJ d N m O m OO CH W U N w m O J C O tt a 1 7 N • J 3 N ti n m n 0 G �Ip � v m c �• m U4 M m 2 V m O O � m 3 0 v 3 0 v i m a m 3 m O v 3 d O n s o o D o o m m a o o n ° D - o m s D D s m s m a cP m J Q m Q 3 o m a Q d m 3 ( 0 m o C rt 3 3 m 3 a C O a C1°. m W = d rt m a ° m0 aQ ° H am � 3 0aJnm33J '^ mnnZ � 01Jn mMC G 1 m J -n n n �' um n M -° a < m 1 n 01 m Q s 0 1 s :� 3 m n 1 D m a 01 0 1 m m m m m O r -°o m m m J = N m o = • � , d oJ • RD � QJ = a. xm art. =. 3 ' � S � 33n . m'< o � m a O !^. am ''�. -a Sn � � � c w � � N m m � � D aQo m3 0 � � a � m n � 6� m � � m � M v. o moms aJ � D ns ' � � mumJ � m ; .°o3 � C mn � rtn 03 m N S = 3 ``G J C m Z 3 m N N O n m ° O O N Z n °' 3 a 3 om W W C °� O S N vmi S O O 3 (' -M O m m m m C O d 1 O J n H Y Y j n m d m W d ° O -° d m 1D a 3 n o n s m m m a °- mG r .. d n 1° D aim -oo ,'� 37 Z; n n � nW m1mD ° " 3 � s � n ^ ON moon ° ° J °' Cm a - 3 m G a (D m 3 a 3 - m 3 , C 3 a - J 3 a (DC d J Q m ° � n m C m m _ 0 7 _ 3 3 C y 'm Ammo 3 0 o 'n a °- ,J'.o o_ D rt a m m S (D m m o m Q m m n � o m m _ oO M a m �O m e m c v m . O W'�° C 0 0 � 0 'a�' On � ^ 3 m J M m M 'm a a n n n P 3 m a ? m C a ? d c D D m: • 'm^ j 3m .. m � ' � 3Commn omm � ort3 m, sn m S J o d an (D J3 o3 m 3 a ° 0 o < d O d av - - 0m m -mo • y an d �a n o n � � a o J- n � '" 1° m m m m 3 I -O an d N d m m C O C W ` ``m n O " J m J d J N N m tt. o m U m m mo o o m d zo 0 a Ooa s O N m .r 30 O J N Jn m o n o ? DO a n C a m O J _. N M M c O C N S y n J m .� N S m 0 C n O O O_ J a m 10 _. N S m N .� - O This page intentionally left blank. CHANGES TO THE AGENDA Citizens wishing to address the Council will, at this time, make known the subject of interest, so all may be properly heard. A) From Council, Administration, or Staff B) From the Public This page intentionally left blank. PUBLIC COMMUNICATIONS A) Public Recognition B) Community Events C) Introduction of new Arts Commission Appointee, Lynn Bohart D) Introduction of new Land Use and Planning Board Appointee, Katherine Jones and Re-Appointee, Barbara Phillips E) Intergovernmental Reports This page intentionally left blank. PUBLIC HEARING This page intentionally left blank. PUBLIC COMMENT This page intentionally left blank. Agenda Item: Consent Calendar 7A - 7B CONSENT CALENDAR 7. City Council Action: Councilmember moves, Councilmember seconds to approve Consent Calendar Items A through E. Discussion Action 7A. Approval of Minutes. Approval of the minutes of the workshop and regular Council meeting of December 10, 2013. 7B. Approval of Bills. Approval of payment of the bills received through November 30 and paid on November 30 after auditing by the Operations Committee on January 21, 2014. Approval of checks issued for vouchers: Date Check Numbers Amount 11/30/13 Wire Transfers 5684-5694 $1,148,142.13 11/30/13 Regular Checks 678482-678852 $3,165,660.16 Void Checks ($104.90) 11/30/13 Use Tax Payable $1 290.72 $4,314,988.11 Approval of payment of the bills received through December 15 and paid on December 15 after auditing by the Operations Committee on January 21, 2014. Approval of checks issued for vouchers: Date Check Numbers Amount 12/15/13 Wire Transfers 5695-5714 $2,044,626.90 12/15/13 Regular Checks 678853-679223 $2,045,487.95 Void Checks ($0.00) 12/15/13 Use Tax Payable $1 414.29 $4,091,529.14 Approval of payment of the bills received through December 31 and paid on December 31 after auditing by the Operations Committee on January 21, 2014. Approval of checks issued for vouchers: Date Check Numbers Amount 12/31/13 Wire Transfers 5715-5727 $1,375,632.00 12/31/13 Regular Checks 679224-679539 $3,099,891.45 Void Checks ($675.00) 12/31/13 Use Tax Payable $162.74 $4,475,011.19 Approval of checks issued for payroll for November 16 through November 30 and paid on December 5, 2013: Date Check Numbers Amount 12/5/2013 Checks 333708-333824 $ 91,543.70 Voids and Reissues 12/5/2013 Advices 322206-322830 1,569,071.57 $1,660,615.27 Approval of checks issued for payroll for December 1 through December 15 and paid on December 20, 2013: Date Check Numbers Amount 12/20/2013 Checks 333825-333949 $ 77,667.53 Voids and Reissues 12/20/2013 Advices 322831-323460 1,299,170.40 $1,376,837.93 Approval of checks issued for payroll for December 16 through December 31 and paid on January 3, 2014: Date Check Numbers Amount 1/3/2014 Checks 333950-334083 $ 66,870.91 Voids and Reissues 1/3/2014 Advices 323461-324081 1,251,884.88 $1,318,755.79 11 � KENT Kent City Council Workshop January 21, 2014 The meeting was called to order at 5:30 p.m. by Council President Ralph. Councilmembers present: Ralph, Berrios, Higgins, Ranniger, and Thomas Council President Ralph discussed the application process for the Council vacancy. She highlighted how to apply and verified that the Council would review applications at a special meeting on February 11, 2014 at 6:00 p.m. Council Retreat Dates — Council President Ralph communicated that the Council Retreat would be March 21 and 22 at the Green River Community College. Councilmember Ranniger suggested an email be sent to Councilmembers. IS 402 Training - Dominic Marzano, Emergency Management Director discussed IS- 402. He communicated that it is a class for executives and senior officials (policy makers) and trains them how to better manage events and make policy decisions. He noted that best practices will also be communicated in the class. He noted that the class is for South King County officials and urged Council participation in the class. He also communicated that he will be speaking to MLT next Monday concerning a class for them because of some new equipment in the emergency communication center (ECC). Councilmember Higgins verified that the training is February 12 from 6:00 p.m. to 8:00 p.m. Marzano also suggested that the Mayor bring the Acting City Attorney to the class to go over policy decisions. Council President Ralph communicated that she felt this would be a good opportunity for the Council. She said there is a lot involved and this is a detailed process. She noted that at the South County Area Transportation Board meeting there was a discussion about what cities have set up in case of an oil spill because of the increase of oil tanker ships in the Puget Sound. Marzano confirmed that the City does have a plan set up. B&O Tax Amendments — Robert Nachlinger, Finance Director discussed the preliminary amendments to the B&O tax ordinance. He communicated that it was adopted a little over a year ago and the City has received about three quarters of the projected revenues. He noted that there is an inconsistency between local codes and that has caused confusion to firms who have to file B&O in numerous cities. He reviewed Bellevue, Seattle, and Tacoma's exemptions and said staff proposes to exempt all 501(c) organizations to include homeowner associations, unions, fraternal organizations, and others who are not engaging in retail activities. Councilmember Higgins verified that there are a couple of organizations that are 501(c) status that engage in retail sales such as Goodwill and Children's Hospital. Kent City Council Workshop Minutes January 21, 2014 Councilmember Ranniger inquired about the financial impact and Nachlinger replied that it would be about $25,000 per year. Nachlinger continued and discussed filing status and frequency. He noted that having all firms file quarterly this first year has provided the City with data. Almost 1,600 firms have paid and 36 percent of them (576) have paid over $1,000 quarterly and this, he noted makes up 92 percent of the total tax revenues collected. He continued and said 64 percent have paid less than $1,000 and less than 8 percent of the total revenues collected. He suggested that the firms who have paid less than $1,000 be reverted to annual collections based on these numbers. Discussion continued on how they would be reverted to annual collections and Nachlinger communicated that the Finance Department could send them a letter communicating this. He also stated that the staff did not recommend having a "non- filing status" so the City could continue to maintain information concerning businesses. Councilmember Higgins verified that only Bellevue and Tacoma have a non-filing option and Nachlinger communicated their amounts. Councilmember Higgins discussed the administrative expenditures concerning the B&O tax. Councilmember Berrios verified the department was down an auditor. He also confirmed with Nachlinger that they haven't gotten the data concerning most of the seasonal firms. However, the data should come in February or March. Council President Ralph verified with Brubaker that an ordinance would be drafted and brought to Council for adoption. Council President Ralph stated she is comfortable with this and agreed with the process of letting businesses know they have been moved to an annual filing status. Councilmember Thomas suggested the ordinance be retroactive and if they have paid this past year they have their funds refunded and not penalized. Fitzpatrick communicated that his staff will look into doing that. Councilmember Berrios communicated that the process needs to be fair and accountable. He said the policy needs to be consistent and take into account who paid and who didn't based on the legislation the Council passed. Council President Ralph stated that it seems best to stay the course and make revisions at the end of the year. Nachlinger stated that there are 145 3PLs and based on the amount of revenues generated from their B&O tax compared to their square footage tax returns, the square footage tax amount was 3.5 times their B&O tax amount. He stated that the B&O is working exactly as it was intended to. He communicated that there is an argument concerning companies that don't do many deliveries into Kent, but they are 2 Kent City Council Workshop Minutes January 21, 2014 making more money than what is being reported. He stated that the tax is designed to get some mitigation from companies that destroy the cities roads. Councilmember Higgins inquired about the federal research and development funds and Nachlinger communicated that since the City gave an exemption he wasn't sure how much it was for. Councilmember Berrios stated that the Chamber discussed that with Boeing and they didn't know what the number was either. Council President Ralph verified that they weren't required to report those federal funds to the City. Mayor Cooke clarified that the 3PLs aren't seeking an exemption, but a reduced rate due to the square footage tax compared to their gross revenues that would be with the B&O tax. She communicated that if the Council decides that they don't want 3PLs the businesses can easily go to local cities. She recommended the Council look at the entire picture and realize that the surface isn't equal. Councilmember Higgins stated these businesses are creating truck traffic so the B&O tax makes sense. He also added that the other tax seems appropriate, too. Councilmember Thomas communicated that he would like to remain competetive and verified with the Mayor that there are ten 3PL companies. Additionally, the Mayor added that she wasn't sure how much of the product they are storing is from local businesses. Councilmember Ranniger stated that there have been challenges with the streamline sales tax for a while now. She stated the other policy question is whether to rezone the area to retail. She said that if the City discourages these types of businesses because of the B&O tax, the City needs to prepare to decide what it wants to see in those properties. Council President Ralph questioned if the conversation should be left open or have these amendments brought forward. Councilmember Ranniger stated she would like to see the 501(c) exemption be brought forward and continued discussion on the 3PLs. Councilmember Berrios confirmed that there were ten CPLs and added that the City needs to attract and keep current businesses here. He stated he wasn't sure of the details with the 3PLs. However, he questioned if the City should allow current businesses to grow in their current space and investigate exemptions to these businesses. He suggested investigating if the City is collecting the proper amounts from these businesses. Nachlinger verified that they are looking for reductions in their rates, not exemptions. 3 Kent City Council Workshop Minutes January 21, 2014 Mayor Cooke verified with Council President Ralph that this item should go to the Economic and Community Development Committee. Council President Ralph communicated that there is consensus to move the 501(c) revisions to the Operations Committee. Councilmember Higgins discussed the Sound Transit proposal for gas taxes which would end up being $3.1 million to the City of Kent for transportation. Councilmember Thomas communicated that he is against the item. Council President Ralph communicated that the King County Council is discussing two different packages and need to decide before March 7 whether or not to go to a ballot measure. She added that they are also discussing bus fare increases. Councilmember Higgins communicated that he felt the item is likely to pass county wide and $3.1 million would be good for closing the gap in transportation maintenance. Council President Ralph communicated that Thomas is against, Higgins is in favor, Ranniger is neutral, and Berrios wants more information. She concluded that she will communicate to the South County Area Transportation Board that the Kent City Council is neutral on this item. Councilmember Thomas communicated that a sixty dollar increase in tabs invites Eyman to create something worse. Councilmember Higgins agreed, but noted that Eyman wants these to come to a vote of the people. Council President Ralph communicated that it technically isn't sixty dollars, the current twenty dollar vehicle registration tax would drop off and be sixty dollars, thus forty dollars more. She also informed the Council to discuss this item with Councilmember Boyce. Brubaker noted that this is Nachlinger's last Council workshop and is leaving the City in very good shape and thanked him for his service to the City of Kent. Nachlinger stated that he is looking forward to his retirement. The meeting adjourned at 6:15 p.m. Ronald F. Moore, MMC City Clerk 4 KENT Kent City Council Meeting January 21, 2014 The regular meeting of the Kent City Council was called to order at 7:01 p.m. by Mayor Cooke. Councilmembers present: Higgins, Berrios, Boyce, Ralph, Ranniger, and Thomas. CHANGES TO THE AGENDA A. From Council, Administration, Staff - Brubaker communicated that the item in front of the Councilmembers' dias was the attachment to the Transportation Improvement Board grant. B. From the Public - None. PUBLIC COMMUNICATIONS A. Oath of office, Councilmember Jim Berrios - City Clerk Ronald F. Moore swore in Jim Berrios as Councilmember Position No. 2. B. Public Recognition 1. Kent Parks Foundation Donation - Jeff Watling, Parks and Recreation Director introduced Mark Prothero, President of the Kent Parks Foundation who presented the city of Kent with a check for $9,532.57. Prothero also discussed the "Kent Dancing with the Stars" and communicated that the event raised $13,846.15. Mayor Cooke thanked Prothero and verified that people who wanted to get in donating or raising funds for Kent's recreation program could speak to Sandy Pedersen. 2. Award for Men's "E" Western National ASA Softball Tournament to the City of Kent - Jeff Watling, Parks and Recration Director introduced Mike Raven from the Amateur Sports Association (ASA). Raven thanked the Kent City staff and presented the James Ferrell Award to Mayor Cooke and the city of Kent. Mayor Cooke thanked Raven and the city of Kent Parks staff. C. Community Events - Mayor Cooke announced that the "You-Me-We" event is this Friday at the ShoWare Center, January 24 at 6:00 p.m. She encouraged the public to attend the free event. Mayor Cooke also noted that her "State of the City Address" wil be at the ShoWare Center during the Chamber of Commerce Luncheon on February 5 at 12 noon. She also added that it will be online and on the City's cable station. D. Introduction of new Arts Commission Appointee, Jennifer Treese - Mayor Cooke communicated that she interviewed her for the position. Kent City Council Meeting Minutes January 21, 2014 Treese communicated that she found the vacancy online and said she has been doing cultural things for over a decade now. She added that her employer is Blue Origin, a rocket company in Kent. E. Public Safety Report - Police Chief Ken Thomas discussed Mike Buckingham and his memorial service last Thursday. He discussed Buckingham's service to the City and people. He noted that he lost his battle with cancer on January 2, 2014. Council President Ralph discussed Buckingham and her son's experience with him. She stated that she was fortunate enough to meet him and work with him the last couple of years. She said he has had a tremendous impact on the City and will truly be missed. Thomas discussed the year end report. He noted that commercial burglary is unchanged and there has been a 21 percent reduction in residential burglaries from 2012 to present. He noted that robbery is down 13 percent. He noted that vehicle theft is only up 2 percent compared to the rampant vehicle theft rate in King County. Thomas presented Christin Jordan with the Police Chiefs Award of Accomodation. He communicated that Jordan was instrumental in a stolen car recovery and preventing a residential burglary. Thomas presented Shanelle Mozique with the Police Chief's Award of Accomodation. He explained that Mozique, while in the middle of a home invasion, called the police department during the robbery. He noted that the police successfully caught two of the three suspects. Thomas presented Officer Whisteric and Officer Nixon with the Police Department Lifesaving Medal for saving the life of Lewis Drake. Drake submitted a letter to the Police Chief, which he read. Thomas communicated that the City is in the top ten of all cities with a population of 250,000 or less for their efforts with National Night Out, which is run by Sarah Wood. Sarah Wood communicated that the event will be on August 10, 2014 this year. Thomas introduced four new officers, Siitupe Coffin, Kamal Sharif, Andrew Richardson, and Brittany Rios. He discussed each of their backgrounds, work experience, and education. Mayor Cooke swore in the four officers. Thomas introduced newly hired Corrections Officer Ian Lentz and Records Specialists Julie Farris, Ashley Orlowski, Christy Roeber, and Crystal Sundquist. He highlighted their work history and gave a brief backgound of their education and personal lives. Thomas presented a Chief's Award of Accomodation to Councilmember Berrios for performing CPR on a patient who suffered a medical emergency. Mayor Cooke presented Chief Ken Thomas with his city of Kent 25 year service plaque. 2 Kent City Council Meeting Minutes January 21, 2014 F. Intergovernmental Reports - Council President Ralph communicated that the South County Area Transportation Board met concerning express toll lanes being added on Interstate 405 between Lynnwood and Bellevue and the addition of express toll lanes on Interstate 167. She said the Lynnwood connection is going on now is expected to open in 2016 and the 167 should be done a couple of years after that. She noted that the 405 project will feature a new definition of what a carpool is and they are suggesting three person carpools. Councilmember Higgins stated that he is serving on the Sound Cities Association Board of Directors and their board retreat is January 31. He said he is also serving on the King County Regional Transit Committee and has heard the proposal concerning funding transit. He stated that the King County Executive can't wait on legislature so they are going forward to create a Transportation Benefit District countywide which would mean the twenty dollar car tab going up to sixty dollars and a 0.1% sales tax. Sixty percent of the revenues would go to King County for Metro, saving 600,000 service hours, including five routes in Kent and the remaining 40 percent would go to cities. Councilmember Boyce noted that he represents the City on the board and received consensus from the Council to present a neutral vote on this item for the Kent City Council until the entire package is reviewed. He noted that the next meeting is February 12. Councilmember Thomas thanked Councilmember Berrios for his efforts in helping save a man's life on January 1st. He noted that it was discussed at the Regional Fire Authority meeting. PUBLIC HEARINGS None. PUBLIC COMMENT Mayor Cooke discussed the council seat vacancy and communicated that Council President Ralph will discuss the item under Other Business. 1. Pauline Barrett, Kent - Barrett discussed the possible development of a marijuana processing facility by her home. She communicated that the facility would be in the center of a large residential area with high school children in the neighborhood. She expressed concerns with security if this business is allowed to open. 2. Bill Doolittle, Kent - Doolittle communicated that when I-502 was adopted people wanted it legalized and taxed. He stated that Kent is going out of their way to prevent marijuana authorization and said he read that the City would be zoned to prevent it. He urged the City to work with the liquor board to get this implemented. He said marijuana is currently being sold, consumed, and created in the City of Kent. 3 Kent City Council Meeting Minutes January 21, 2014 3. Thomas L. Brice, Kent - Brice discussed the Par 3 golf course and the vision of the City. He said a committee has been formed by five residents and they have submitted suggestions and ideas of what could be done concerning the course. He noted that there is a debt and if you look at the books, the golf course isn't the problem. He suggested the course be closed in the winter. 4. Martin Plys, Kent - Plys communicated that there is a $1.9 million surplus. He said if there is a surplus it should be applied to the ShoWare Center and the golf course should be sold. Mayor Cooke verified that there isn't a surplus. Plys opposed having any marijuana facilities in Kent. CONSENT CALENDAR Council President Ralph moved to approve Consent Calendar Items A through P, seconded by Councilmember Thomas. A. Minutes of the workshop and regular Council meeting of January P 2014 - Approved B. Appointment to Arts Commission —The Council confirmed the appointment of Jennifer Treese to the Kent Arts Commission for a four year term ending October 31, 2017. C. King County Solid Waste Division Waste Reduction & Recycling Grant - Approved. - The Mayor was authorized to accept the Waste Reduction and Recycling Grant Contract in the amount of $89,835 for 2014, and amend the budget and authorize the expenditure of funds in accordance with the terms and conditions of the grant, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. D. Seattle-King County Health Department Local Hazardous Waste Management Program/Recycling Event Grant- Approved. The Mayor was authorized to accept the Local Hazardous Waste Management Program Contract in the amount of $32,278.87 for 2014, and amend the budget and authorize the expenditure of funds in accordance with the terms and conditions of the grant, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. E. Contract with Olympic Environmental for 2014 -15 Residential Recycling Collection Events- Approved. The Mayor was authorized to sign the Consultant Services Agreement with Olympic Environmental Resources for Waste Reduction and Recycling Activities and Programs for 2014 - 2015 in the amount of $185,551.00, subject to final terms and conditions acceptable to the City Attorney and the Public Works Director. F. SR 516 to S 2315t Way Levee North Reach Improvements, Change order No. 1- Approved. The Mayor was authorized to approve Change Order No. 1 to SCI 4 Kent City Council Meeting Minutes January 21, 2014 Infrastructure, LLC in an amount not to exceed $194,059.46 for unanticipated construction costs on the SR 516 to South 231st Way Levee, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. G. Central Avenue South Improvements Federal Grant- Accept. The Mayor was authorized to accept a Federal Grant in the amount of $300,000 for the design phase of the Central Avenue South Pavement Preservation Project, and amend the budget and authorize expenditure of the funds in accordance with the terms and conditions of the grant, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. H. Kent Interurban Trail Connector Proiect Grant — Accept. The Mayor was authorized to sign the grant agreement in the amount of $727,500 with the Washington State Department of Commerce for the Kent Interurban Trail Connector Project and amend the budget and authorize expenditure of the funds in accordance with the terms and conditions of the grant, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. I. South 224th Street Improvements, Phase 2 Transportation Improvement Board (TIB) Grant- Accept. The Mayor was authorized to accept a grant from the Washington State Transportation Improvement Board for Phase 2 of the South 224th Street Improvement Project and sign a letter to the TIB requesting to combine Phases 1 and 2 into one project, amend the budget and authorize expenditure of the funds in accordance with the terms and conditions of the grant, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. J. Washington Auto Theft Prevention Authority (WATPA) Patrol Task Force 2013 — 2015 Grant- Accept. The Mayor was authorized to accept the Washington Auto Theft Prevention Authority grant award in the amount of $74,983, authorize amending the budget and authorize expenditure of the funds in accordance with the terms and conditions of the grant, acceptable to the City Attorney and Police Chief. K. Ordinance Amending Kent City Code Chapter 9.02, Lewd Conduct — Adopt. The Council adopted Ordinance No. amending Chapter 9.02 by establishing crimes relating to lewd conduct, by amending sections relating to prostitution loitering and by adding new areas which fall within the scope of the stay out of areas of prostitution orders. L. 2012 Vehicle Detector Loops Proiect Completion — Accept. The Mayor was authorized to accept the 2012 Vehicle Detector Loops Project as complete and release retainage to Totem Electric of Tacoma, Inc., upon receipt of standard releases from the state and the release of any liens. M. 2013 Thermo Plastic Markings Proiect Completion - Accept. They Mayor was authorized to accept the 2013 Thermo Plastic Markings Project as complete and release retainage to Stripe Rite Inc., upon receipt of standard releases from the state and the release of any liens. 5 Kent City Council Meeting Minutes January 21, 2014 N. 2013 Vehicle Detector Loops Proiect Completion — Accept. The Mayor was authorized to accept the 2013 Vehicle Detector Loops Project as complete and release retainage to Totem Electric of Tacoma, Inc. upon receipt of standard releases from the state and the release of any liens. 0. Hawley Road Levee Improvements Phase I Proiect Completion — Accept. The Mayor was authorized to accept the Hawley Road Levee Improvements Phase I Project as complete and release retainage to SCI Infrastructure LLC, upon receipt of standard releases from the state and the release of any liens. P. Horseshoe Bend and Upper Russell Road Levee Planting Proiect Completion — Accept. The Mayor was authorized to accept the Horseshoe Bend and Upper Russell Road Levee Plantings Project as complete and release retainage to Restoration Logistics, upon receipt of standard releases from the state and the release of any liens. OTHER BUSINESS A. Council Position No. 6 - Appointment Process - Mayor Cooke introduced the item. Council President Ralph communicated the process and noted that the process will be posted on the City's website and a handout was given to those in attendance by City Clerk Moore. Councilmember Boyce inquired what would happen with current applications and Councilpresident Ralph communicated that she would communicate with anyone who has previously submitted an application and inform them of the current process. Councilmember Thomas inquired about the position and the process. Acting City Attorney Fitzpatrick noted that the appointment lasts until the November 2015 election is certified and whoever is elected at the general election will serve the rest of the term. 1. Anna Davis, Kent - Davis discussed the process and inquired if the candidate that also ran for the position in November could be considered and not have to reapply. Mayor Cooke replied that the candidate needs to submit an application and go through this process. She further explained the election process and said it is set up by state law and it is up to the Council to interview and selects a candidate. She further explained that it wasn't an option to have the runner-up in the November election considered. Council President Ralph also replied that this is the appointment process and that once the November election is certified it is over. She also communicated that this information will be on the website, channel 21, in the Kent Reporter, and announced at Neighborhood Council meetings, etc. BIDS 6 Kent City Council Meeting Minutes January 21, 2014 A. Briscoe-Desimone Levee Improvements, Reaches 2 and 3 - Tim LaPorte, Public Works Director introduced the levee improvements. He displayed the levee, why the improvements are needed, and what the improvements would entail. He communicated that there were ten excellent bids and has checked out the qualifications of the lowest bidder, Tapani, Inc. LaPorte explained to Mayor Cooke why this item wasn't heard at a committee, noting that a bid award doesn't go to committee, but straight to the Council. Councilmember Higgins moved to authorize the Mayor to award the bid for the Briscoe-Desimone Levee Improvements Reaches 2 and 3 project to Tapani, Inc., in the amount of $6,709,555.56 and authorize the Mayor to sign all necessary documents, subject to the final terms and conditions acceptable to the City Attorney and Public Works Director, seconded by Council President Ralph. Motion carried 6-0. LaPorte communicated that King County Flood District wants a groundbreaking ceremony for this levee improvement this spring. Mayor Cooke agreed and communicated that the City should also look at what park element should be added to the south. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES A. Council President. Ralph stated that the B&O tax was discussed in the workshop meeting and that the Council decided to hold off on any amendments to it at this time. She stated that there will be a 501(c) item exemption going forth as a draft to the Operations Committee and an item concerning 3PLs going to the Economic and Community Development Committee at a later date. B. Mayor. No report. C. Administration. No report. No executive session tonight. D. Economic & Community Development Committee. Councilmember Boyce communicated that the next meeting is February 10. E. Operations Committee. No report. F. Parks and Human Services Committee. No report. G. Public Safety Committee. No report. H. Public Works Committee. Councilmember Higgins communicated that the meeting yesterday was postponed and the next meetig is January 27. I. Regional Fire Authority. Councilmember Thomas communicated that he stepped down as chair and Mike Denfro is the chair and Higgins is the deputy chair. EXECUTIVE SESSION ACTION AFTER EXECUTIVE SESSION 7 Kent City Council Meeting Minutes January 21, 2014 No executive session was held. ADJOURNMENT The meeting adjourned at 8:38 p.m. Ronald F. Moore, MMC City Clerk 8 40. KF14 Agenda Item: Consent — 7C TO: City Council DATE: February 4, 2014 SUBJECT: Appointment to Kent Arts Commission — Confirm MOTION: Confirm the Mayor's appointment of Lynn Bohart to the Kent Arts Commission. SUMMARY: Confirm the appointment of Lynn Bohart to the Kent Arts Commission for a four year term ending October 31, 2017. Lynn Bohart submitted an application for appointment to the Kent Arts Commission to fill a vacant four year term. Lynn is Executive Director of the Renton Community Foundation and remains an avid supporter of the arts. Lynn's belief is that a vibrant arts community speaks to the soul of a city. Lynn holds a Master's Degree in theater and has worked in Community Theater over the years. She is a published mystery writer on Amazon.com, teaches writing through the Kent Parks Department and Green River Community College's Continuing Education program. She has served on the Lane County Arts Council Board while living in Oregon and has served on the Vancouver Arts Commission before moving to Kent. Lynn's commitment to the Kent community and her active role in the arts makes her an exceptional candidate for the Kent Arts Commission, and I am pleased to recommend Lynn Bohart for your confirmation. RECOMMENDED BY: Mayor Suzette Cooke BUDGET IMPACTS: None This page intentionally left blank. KENT ° Agenda Item: Consent — 7D TO: City Council DATE: February 4, 2014 SUBJECT: Appointments to Land Use and Planning Board — Confirm MOTION: Confirm the Mayor's appointment of Katherine Jones and re- appointment of Barbara Phillips to the Land Use & Planning Board. SUMMARY: Confirm the appointment of Katherine Jones and re-appointment of Barbara Phillips to the Land Use & Planning Board each for a three year term ending December 31, 2016. Katherine Jones made application for appointment to the Land Use & Planning Board for a three-year term. Kathi, a Realtor with John L. Scott, lives in The Lakes community, and feels her service on the LUPB will assist in promoting a healthier and improved environment for all Kent citizens. Kathi's work as a realtor gives her an understanding of the Smart Growth principles involving citizens, public officials and stakeholders working together to plan ahead for development. Kathy has attended many LUPB meetings and city council meetings in an effort to stay abreast of issues confronting our community. She was an interested participant in the Midway Project, the Cottage Housing Project, and is head of The Lakes Neighborhood Council Kathi's commitment to the Kent community makes her an ideal candidate for the Land Use & Planning Board, and I am pleased to recommend Kathi Jones for your confirmation. Barbara Phillips was first appointed to the Land Use & Planning Board in November, 2007, expressing her desire to be an integral part of the City's development and future prosperity. Her reappointment will begin her third term which will expire on December 31, 2016. Barbara has lived in Kent for over 20 years and currently is President of the Community Network Council which works to connect youth with resources that will help them become successful. I am pleased to recommend re-appointment of Barbara Phillips to the LUPB. RECOMMENDED BY: Mayor Suzette Cooke BUDGET IMPACTS: None This page intentionally left blank. • Nl- KENT Agenda Item: Consent- 7E TO: City Council DATE: February 4, 2014 SUBJECT: Refunding 2004 Limited Tax General Obligation Bond Ordinance - Adopt MOTION: Move to adopt Ordinance No. , approving the refunding of the 2004 Limited Tax General Obligation bonds. SUMMARY: The 2004 LTGO bonds are callable at par on June 1, 2014 and may be called 90 days in advance of the call date. This transaction would save an estimated $700,000 over the eight year life of the bonds by issuing refunding bonds at a lower interest rate. The existing bonds would be retired as of June 1 and defeased. EXHIBITS: Ordinance RECOMMENDED BY: Operations Committee YEA: Thomas - Ralph - Boyce (post meeting) NAY: BUDGET IMPACTS: This transaction would reduce the debt service cost paid by the Capital Improvements Fund by approximately $87,500 annually over the next eight years. This page intentionally left blank. ORDINANCE NO. AN ORDINANCE OF THE CITY OF KENT, WASHINGTON, PROVIDING FOR THE ISSUANCE OF LIMITED TAX GENERAL OBLIGATION REFUNDING BONDS OF THE CITY IN THE AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $14,000,000 TO REFUND CERTAIN OUTSTANDING LIMITED TAX GENERAL OBLIGATION BONDS AND TO PAY COSTS OF ISSUING THE BONDS; PROVIDING THE FORM AND TERMS OF THE BONDS; AND DELEGATING THE AUTHORITY TO APPROVE THE FINAL TERMS OF THE BONDS. PASSED: FEBRUARY 4, 2014 PREPARED BY: PACIFICA LAW GROUP LLP Seattle, Washington CITY OF KENT ORDINANCE NO. TABLE OF CONTENTS* Page SECTION 1. - Definitions and Interpretation of Terms 2 SECTION 2. - Authorization of Bonds and Bond Details 8 SECTION 3. - Registration, Exchange and Payments 9 SECTION 4. - Redemption Prior to Maturity and Purchase of Bonds 15 SECTION 5. - Form of Bonds 20 SECTION 6. - Execution of Bonds 22 SECTION 7. - Refunding Plan; Application of Bond Proceeds 23 SECTION 8. - Tax Covenants 26 SECTION 9. - Bond Fund and Provision for Tax Levy Payments 29 SECTION 10. - Defeasance 30 SECTION 11. - Sale of Bonds 31 SECTION 12. - Undertaking to Provide Ongoing Disclosure 33 SECTION 13. - Lost, Stolen or Destroyed Bonds 38 SECTION 14. - Severability; Ratification 38 SECTION 15. - Effective Date of Ordinance 40 * This Table of Contents is provided for convenience only and is not a part of this ordinance. -1- 01/14/14 CITY OF KENT, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF KENT, WASHINGTON, PROVIDING FOR THE ISSUANCE OF LIMITED TAX GENERAL OBLIGATION REFUNDING BONDS OF THE CITY IN THE AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $14,000,000 TO REFUND CERTAIN OUTSTANDING LIMITED TAX GENERAL OBLIGATION BONDS AND TO PAY COSTS OF ISSUING THE BONDS; PROVIDING THE FORM AND TERMS OF THE BONDS; AND DELEGATING THE AUTHORITY TO APPROVE THE FINAL TERMS OF THE BONDS. A. The City of Kent, Washington (the "City") has outstanding its Limited Tax General Obligation Refunding Bonds, 2004, issued pursuant to Ordinance No. 3682 adopted by the City Council (the "Council") of the City on March 16, 2004 (the "2004 Bond Ordinance"), which remain outstanding as follows: Maturity Date (December 1) Principal Amount Interest Rate 2014 $ 1,875,000 5.000% 2015 1,750,000 5.250 2016 1,625,000 5.250 2017 1,445,000 5.250 2018 1,265,000 5.250 2019 1,280,000 4.000 2020 2,030,000 4.000 2021 1,325,000 4.125 (the "2004 Bonds"); and B. The 2004 Bond Ordinance provides that the City may call the 2004 Bonds maturing on or after December 1, 2014 (the "Refunding Candidates") for redemption on or after June 1, 2014, in whole or in part at any time, at a price of par plus accrued interest, if any, to the date of redemption; and C. After due consideration it appears to the Council that all or a portion of the Refunding Candidates may be defeased and refunded by the proceeds of limited tax general obligation refunding bonds at a savings to the City and its taxpayers; and D. The Council deems it in the best interest of the City to issue limited tax general obligation refunding bonds in the aggregate principal amount of not to exceed $14,000,000 (the "Bonds") to redeem and defease all or a portion of the Refunding Candidates and to pay costs of issuing the Bonds; and E. The Council wishes to delegate authority to the Mayor (the "Designated Representative"), for a limited time, to approve the interest rates, maturity dates, redemption terms and principal maturities for the Bonds within the parameters set by this ordinance; and F. The City expects to receive a proposal from KeyBanc Capital Markets Inc. (the "Underwriter") and now desires to issue and sell the Bonds to the Underwriter as set forth herein; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DO ORDAIN as follows: SECTION 1. - Definitions and Interpretation of Terms. (a) Definitions. As used in this ordinance, the following words shall have the following meanings: -2- Limited Tax General Obligation Refunding Bonds, 2014 Acquired Obligations means the Government Obligations acquired by the City under the terms of this ordinance and the Escrow Deposit Agreement to effect the defeasance and refunding of the Refunded Bonds. Beneficial Owner means any person that has or shares the power, directly or indirectly, to make investment decisions concerning ownership of any Bonds (including persons holding Bonds through nominees, depositories or other intermediaries). Bond Fund means the "City of Kent Limited Tax General Obligation Bond Debt Service Fund, 2014" authorized to be created pursuant to Section 9. Bond Purchase Contract means the contract for the purchase of the Bonds between the Underwriter and the City, executed pursuant to Section 11. Bond Register means the registration books showing the name, address and tax identification number of each Registered Owner of the Bonds, maintained pursuant to Section 149(a) of the Code. Bond Registrar means, initially, the fiscal agency of the State of Washington, for the purposes of registering and authenticating the Bonds, maintaining the Bond Register, effecting transfer of ownership of the Bonds and paying interest on and principal of the Bonds. Bond Year means each one-year period that ends on the date selected by the City. The first and last Bond Years may be short periods. If no date is selected by the City before the earlier of the final maturity date of Bonds or the date that is five years after the date of issuance of -3- Limited Tax General Obligation Refunding Bonds, 2014 any Bonds, Bond Years end on each anniversary of the date of issue and on the final maturity date of such Bonds. Bonds mean the not to exceed $14,000,000 aggregate principal amount of City of Kent, Washington, Limited Tax General Obligation Refunding Bonds, 2014, authorized to be issued pursuant to this ordinance. Call Date means June 1, 2014. Chief Administrative Officer means the Chief Administrative Officer or Interim Chief Administrative Officer of the City or the successor to such officer. City means the City of Kent, Washington, a municipal corporation duly organized and existing under and by virtue of the Constitution and laws of the State of Washington. Code means the Internal Revenue Code of 1986, as amended, and shall include all applicable regulations and rulings relating thereto. Commission means the Securities and Exchange Commission. Council or City Council means the legislative body of the City as duly and regularly constituted from time to time. Designated Representative means the Mayor, or his or her designee. DTC means The Depository Trust Company, New York, New York, a limited purpose trust company organized under the laws of the State of New York, as depository for the Bonds pursuant to Section 3. -4- Limited Tax General Obligation Refunding Bonds, 2014 Escrow Agent means U.S. Bank National Association, Seattle, Washington. Escrow Deposit Agreement means the Escrow Deposit Agreement between the City and the Escrow Agent to be dated as of the date of closing of the Bonds and substantially in the form on file with the City. Federal Tax Certificate means the certificate executed by the Finance Director setting forth the requirements of the Code for maintaining the tax exemption of interest on the Bonds, and attachments thereto. Finance Director means the Finance Director of the City or the successor to such officer. Financial Advisor means Piper ]affray & Co., or its successors. Government Obligations mean those obligations now or hereafter defined as such in chapter 39.53 RCW. Letter of Representations means the blanket issuer letter of representations from the City to DTC. MSRB means the Municipal Securities Rulemaking Board or any successors to its functions. Net Proceeds, when used with reference to the Bonds, means the principal amount of such Bonds, plus accrued interest and original issue premium, if any, and less original issue discount, if any. Private Person means any natural person engaged in a trade or business or any trust, estate, partnership, association, company or corporation. -5- Limited Tax General Obligation Refunding Bonds, 2014 Private Person Use means the use of property in a trade or business by a Private Person if such use is other than as a member of the general public. Private Person Use includes ownership of the property by the Private Person as well as other arrangements that transfer to the Private Person the actual or beneficial use of the property (such as a lease, management or incentive payment contract or other special arrangement) in such a manner as to set the Private Person apart from the general public. Use of property as a member of the general public includes attendance by the Private Person at municipal meetings or business rental of property to the Private Person on a short-term basis in accordance with regulations under the Code if the rental paid by such Private Person is the same as the rental paid by any Private Person who desires to rent the property. Use of property by nonprofit community groups or community recreational groups is not treated as Private Person Use if such use is incidental to the governmental uses of property, the property is made available for such use by all such community groups on an equal basis and such community groups are charged only a de minimis fee to cover custodial expenses. Refunded Bonds mean all or a portion of the Refunding Candidates designated by the Designated Representative for refunding pursuant to Section 7 and Section 11. Refunding Account means the account by that name established pursuant to Section 7. -6- Limited Tax General Obligation Refunding Bonds, 2014 Refunding Candidates mean the 2004 Bonds maturing on or after December 1, 2014. Registered Owner means the person named as the registered owner of a Bond in the Bond Register. For so long as the Bonds are held in book- entry only form, DTC or its nominee shall be deemed to be the sole Registered Owner. Rule means the Commission's Rule 15c2-12 under the Securities Exchange Act of 1934, as the same may be amended from time to time. 2004 Bond Ordinance means Ordinance No. 3682 adopted by the Council on March 16, 2004 authorizing the issuance of the 2004 Bonds. 2004 Bonds mean the City of Kent, Washington, Limited Tax General Obligation Refunding Bonds, 2004 issued pursuant to the 2004 Bond Ordinance as described in the recitals of this ordinance. Underwriter means KeyBanc Capital Markets Inc., or its successors. (b) Interpretation. In this ordinance, unless the context otherwise requires: (1) The terms "hereby," "hereof," "hereto," "herein," "hereunder" and any similar terms, as used in this ordinance, refer to this ordinance as a whole and not to any particular article, section, subdivision or clause hereof, and the term "hereafter" shall mean after, and the term "heretofore" shall mean before, the date of this ordinance; (2) Words of the masculine gender shall mean and include correlative words of the feminine and neuter genders and words importing -7- Limited Tax General Obligation Refunding Bonds, 2014 the singular number shall mean and include the plural number and vice versa; (3) Words importing persons shall include firms, associations, partnerships (including limited partnerships), trusts, corporations and other legal entities, including public bodies, as well as natural persons; (4) Any headings preceding the text of the several articles and sections of this ordinance, and any table of contents or marginal notes appended to copies hereof, shall be solely for convenience of reference and shall not constitute a part of this ordinance, nor shall they affect its meaning, construction or effect; and (5) All references herein to "articles," "sections" and other subdivisions or clauses are to the corresponding articles, sections, subdivisions or clauses hereof. SECTION 2,- Authorization of Bonds and Bond Details. For the purpose of refunding the Refunded Bonds and paying costs of issuance of the Bonds, the City shall issue and sell limited tax general obligation refunding bonds in the aggregate principal amount of not to exceed $14,000,000 (the "Bonds"). The Bonds shall be general obligations of the City, shall be designated "City of Kent, Washington, Limited Tax General Obligation Refunding Bonds, 2014" with other such designation as set forth in the Bond Purchase Contract and approved by the Designated Representative. -8- Limited Tax General Obligation Refunding Bonds, 2014 The Bonds shall be dated as of their date of initial delivery, shall be fully registered as to both principal and interest, shall be in the denomination of $5,000 each or any integral multiple thereof within a maturity, shall be numbered separately in the manner and with any additional designation as the Bond Registrar deems necessary for purposes of identification and control, and shall bear interest payable on the dates set forth in the Bond Purchase Contract. The Bonds shall bear interest at the rates set forth in the Bond Purchase Contract; and shall mature on the dates and in the principal amounts set forth in the Bond Purchase Contract and as approved by a Designated Representative pursuant to Section 11. SECTION 3. - Registration, Exchange and Payments. (a) Bond Registrar/Bond Register. The City hereby specifies and adopts the system of registration approved by the Washington State Finance Committee from time to time through the appointment the state fiscal agency. The City shall cause a Bond Register to be maintained by the Bond Registrar. So long as any Bonds remain outstanding, the Bond Registrar shall make all necessary provisions to permit the exchange or registration or transfer of Bonds at its principal corporate trust office. The Bond Registrar may be removed at any time at the option of the Finance Director upon prior notice to the Bond Registrar and a successor Bond Registrar appointed by the Finance Director. No resignation or removal of the Bond Registrar shall be effective until a successor shall have been appointed and until the successor Bond Registrar shall have accepted the -9- Limited Tax General Obligation Refunding Bonds, 2014 duties of the Bond Registrar hereunder. The Bond Registrar is authorized, on behalf of the City, to authenticate and deliver Bonds transferred or exchanged in accordance with the provisions of such Bonds and this ordinance and to carry out all of the Bond Registrar's powers and duties under this ordinance. The Bond Registrar shall be responsible for its representations contained in the Certificate of Authentication of the Bonds. (b) Registered Ownership. The City and the Bond Registrar, each in its discretion, may deem and treat the Registered Owner of each Bond as the absolute owner thereof for all purposes (except as provided in Section 12 of this ordinance), and neither the City nor the Bond Registrar shall be affected by any notice to the contrary. Payment of any such Bond shall be made only as described in Section 3(h), but such Bond may be transferred as herein provided. All such payments made as described in Section 3(h) shall be valid and shall satisfy and discharge the liability of the City upon such Bond to the extent of the amount or amounts so paid. (c) DTC Acceptance/Letters of Representations. The Bonds initially shall be held in fully immobilized form by DTC acting as depository. To induce DTC to accept the Bonds as eligible for deposit at DTC, the City has executed and delivered to DTC a Blanket Issuer Letter of Representations. Neither the City nor the Bond Registrar will have any responsibility or obligation to DTC participants or the persons for whom they act as nominees (or any successor depository) with respect to the Bonds in respect of the accuracy of any records maintained by DTC (or any successor depository) or any DTC participant, the payment by DTC (or -10- Limited Tax General Obligation Refunding Bonds, 2014 any successor depository) or any DTC participant of any amount in respect of the principal of or interest on Bonds, any notice which is permitted or required to be given to Registered Owners under this ordinance (except such notices as shall be required to be given by the City to the Bond Registrar or to DTC (or any successor depository)), or any consent given or other action taken by DTC (or any successor depository) as the Registered Owner. For so long as any Bonds are held in fully immobilized form by a depository, DTC or its successor depository shall be deemed to be the Registered Owner for all purposes hereunder, and all references herein to the Registered Owners shall mean DTC (or any successor depository) or its nominee and shall not mean the owners of any beneficial interest in such Bonds. (d) Use of Depository. (1) The Bonds shall be registered initially in the name of "Cede & Co.", as nominee of DTC, with one Bond maturing on each of the maturity dates for the Bonds in a denomination corresponding to the total principal therein designated to mature on such date. Registered ownership of such Bonds, or any portions thereof, may not thereafter be transferred except (A) to any successor of DTC or its nominee, provided that any such successor shall be qualified under any applicable laws to provide the service proposed to be provided by it; (B) to any substitute depository appointed by the Finance Director pursuant to subsection (2) below or such substitute depository's successor; or (C) to any person as provided in subsection (4) below. -11- Limited Tax General Obligation Refunding Bonds, 2014 (2) Upon the resignation of DTC or its successor (or any substitute depository or its successor) from its functions as depository or a determination by the Finance Director to discontinue the system of book entry transfers through DTC or its successor (or any substitute depository or its successor), the Finance Director may hereafter appoint a substitute depository. Any such substitute depository shall be qualified under any applicable laws to provide the services proposed to be provided by it. (3) In the case of any transfer pursuant to clause (A) or (B) of subsection (1) above, the Bond Registrar shall, upon receipt of all outstanding Bonds, together with a written request on behalf of the Finance Director, issue a single new Bond for each maturity then outstanding, registered in the name of such successor or such substitute depository, or their nominees, as the case may be, all as specified in such written request of the Finance Director. (4) In the event that (A) DTC or its successor (or substitute depository or its successor) resigns from its functions as depository, and no substitute depository can be obtained, or (B) the Finance Director determines that it is in the best interest of the beneficial owners of the Bonds that such owners be able to obtain physical Bond certificates, the ownership of such Bonds may then be transferred to any person or entity as herein provided, and such Bonds shall no longer be held by a depository. The Finance Director shall deliver a written request to the Bond Registrar, together with a supply of physical Bonds, to issue Bonds as herein provided in any authorized denomination. Upon receipt -12- Limited Tax General Obligation Refunding Bonds, 2014 by the Bond Registrar of all then outstanding Bonds together with a written request on behalf of the Finance Director to the Bond Registrar, new Bonds shall be issued in the appropriate denominations and registered in the names of such persons as are requested in such written request. (e) Registration of Transfer of Ownership or Exchange; Change in Denominations. The transfer of any Bond may be registered and Bonds may be exchanged, but no transfer of any such Bond shall be valid unless it is surrendered to the Bond Registrar with the assignment form appearing on such Bond duly executed by the Registered Owner or such Registered Owner's duly authorized agent in a manner satisfactory to the Bond Registrar. Upon such surrender, the Bond Registrar shall cancel the surrendered Bond and shall authenticate and deliver, without charge to the Registered Owner or transferee therefor, a new Bond (or Bonds at the option of the new Registered Owner) of the same date, maturity and interest rate and for the same aggregate principal amount in any authorized denomination, naming as Registered Owner the person or persons listed as the assignee on the assignment form appearing on the surrendered Bond, in exchange for such surrendered and cancelled Bond. Any Bond may be surrendered to the Bond Registrar and exchanged, without charge, for an equal aggregate principal amount of Bonds of the same date, maturity and interest rate, in any authorized denomination. The Bond Registrar shall not be obligated to register the transfer or to -13- Limited Tax General Obligation Refunding Bonds, 2014 exchange any Bond during the 15 days preceding any principal payment date any such Bond is to be redeemed. (f) Bond Registrar's Ownership of Bonds. The Bond Registrar may become the Registered Owner of any Bond 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 as a member of, or in any other capacity with respect to, any committee formed to protect the right of the Registered Owners of Bonds. (g) Registration Covenant. The City covenants that, until all Bonds have been surrendered and canceled, it will maintain a system for recording the ownership of each Bond that complies with the provisions of Section 149 of the Code. (h) Place and Medium of Payment. 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 calculated on the basis of a year of 360 days and twelve 30-day months. For so long as all Bonds are held by a depository, payments of principal and interest thereon shall be made as provided in accordance with the operational arrangements of DTC referred to in the Letter of Representations. In the event that the Bonds are no longer held by a depository, interest on the Bonds shall be paid by check or draft mailed to the Registered Owners at the addresses for such Registered Owners appearing on the Bond Register on the fifteenth day of the month preceding the interest payment date, or upon the written request of a Registered Owner of more than $1,000,000 of Bonds -14- Limited Tax General Obligation Refunding Bonds, 2014 (received by the Bond Registrar at least 15 days prior to the applicable payment date), such payment shall be made by the Bond Registrar by wire transfer to the account within the United States designated by the Registered Owner. Principal of the Bonds shall be payable upon presentation and surrender of such Bonds by the Registered Owners at the principal office of the Bond Registrar. If any Bond shall be duly presented for payment and funds have not been duly provided by the City on such applicable date, then interest shall continue to accrue thereafter on the unpaid principal thereof at the rate stated on such Bond until it is paid. SECTION 4, - Redemption Prior to Maturity and Purchase of Bonds. (a) Mandatory Redemption of Term Bonds and Optional Redemption, if any. The Bonds shall be subject to optional redemption on the dates, at the prices and under the terms set forth in the Bond Purchase Contract approved by the Designated Representative pursuant to Section 11. The Bonds shall be subject to mandatory redemption to the extent, if any, set forth in the Bond Purchase Contract approved by the Designated Representative pursuant to Section 11. (b) Purchase of Bonds. The City reserves the right to purchase any of the Bonds offered to it at any time at a price deemed reasonable by the Finance Director. (c) Selection of Bonds for Redemption. For as long as the Bonds are held in book-entry only form, the selection of particular Bonds within a maturity to be redeemed shall be made in accordance with the operational -15- Limited Tax General Obligation Refunding Bonds, 2014 arrangements then in effect at DTC. If the Bonds are no longer held in uncertificated form, the selection of such Bonds to be redeemed and the surrender and reissuance thereof, as applicable, shall be made as provided in the following provisions of this subsection (c). If the City redeems at any one time fewer than all of the Bonds having the same maturity date, the particular Bonds or portions of Bonds of such maturity to be redeemed shall be selected by lot (or in such manner determined by the Bond Registrar) in increments of $5,000. In the case of a Bond of a denomination greater than $5,000, the City and the Bond Registrar shall treat each Bond as representing such number of separate Bonds each of the denomination of $5,000 as is obtained by dividing the actual principal amount of Bonds by $5,000. In the event that only a portion of the principal sum of a Bond is redeemed, upon surrender of such Bond at the principal office of the Bond Registrar there shall be issued to the Registered Owner, without charge therefor, for the then unredeemed balance of the principal sum thereof, at the option of the Registered Owner, a Bond or Bonds of like maturity and interest rate in any of the denominations herein authorized. (d) Notice of Redemption. (1) Official Notice. For so long as the Bonds are held in uncertificated form, notice of redemption (which notice may be conditional) shall be given in accordance with the operational arrangements of DTC as then in effect, and neither the City nor the Bond Registrar will provide any notice of redemption to any Beneficial Owners. -16- Limited Tax General Obligation Refunding Bonds, 2014 Thereafter (if the Bonds are no longer held in uncertificated form), notice of redemption shall be given in the manner hereinafter provided. Unless waived by any owner of Bonds to be redeemed, official notice of any such redemption (which redemption may be conditioned by the Bond Registrar on the receipt of sufficient funds for redemption or otherwise) shall be given by the Bond Registrar on behalf of the City by mailing a copy of an official redemption notice by first class mail at least 20 days and not more than 60 days prior to the date fixed for redemption to the Registered Owner of the Bond or Bonds to be redeemed at the address shown on the Bond Register or at such other address as is furnished in writing by such Registered Owner to the Bond Registrar. All official notices of redemption shall be dated and shall state: (A) the redemption date, (B) the redemption price, (C) if fewer than all outstanding Bonds are to be redeemed, the identification by maturity (and, in the case of partial redemption, the respective principal amounts) of the Bonds to be redeemed, (D) that (unless such notice is conditional) on the redemption date the redemption price will become due and payable upon each such Bond or portion thereof called for redemption, and that interest thereon shall cease to accrue from and after said date, and -17- Limited Tax General Obligation Refunding Bonds, 2014 (E) the place where such Bonds are to be surrendered for payment of the redemption price, which place of payment shall be the principal office of the Bond Registrar. On or prior to any redemption date (unless such notice is conditional), the City shall deposit with the Bond Registrar an amount of money sufficient to pay the redemption price of all the Bonds or portions of Bonds which are to be redeemed on that date. (2) Effect of Notice; Bonds Due. If an unconditional notice of redemption has been given as aforesaid, or if the conditions to redemption have been satisfied or waived, the Bonds or portions of Bonds so to be redeemed shall, on the redemption date, become due and payable at the redemption price therein specified, and from and after such date such Bonds or portions of Bonds shall cease to bear interest. Upon surrender of such Bonds for redemption in accordance with said notice, such Bonds shall be paid by the Bond Registrar at the redemption price. Installments of interest due on or prior to the redemption date shall be payable as herein provided for payment of interest. All Bonds which have been redeemed shall be canceled by the Bond Registrar and shall not be reissued. If a conditional notice of redemption has been given and the conditions to redemption have not been satisfied or waived, notice of redemption given pursuant to this ordinance may be rescinded by written notice given by the Bond Registrar on behalf of the City as soon as practicable in the same manner, and to the same Registered Owners of -18- Limited Tax General Obligation Refunding Bonds, 2014 the Bond or Bonds, as notice of such redemption was given pursuant to this Section 4(d). If notice of recession has been provided, the Bonds or portions of Bonds so to be redeemed, on the redemption date, shall not become due and payable and from and after such date such Bonds or portions of Bonds shall continue to bear interest at the rate or rates set forth therein until paid or until due provision is made for the payment of the same. (3) Additional Notice. In addition to the foregoing notice, further notice shall be given by the City as set out below, but no defect in said further notice nor any failure to give all or any portion of such further notice shall in any manner defeat the effectiveness of a call for redemption if notice thereof is given as above prescribed. Each further notice of redemption given hereunder shall contain the information required above for an official notice of redemption plus (A) the CUSIP numbers of all Bonds being redeemed; (B) the date of issue of the Bonds as originally issued; (C) the rate of interest borne by each Bond being redeemed; (D) the maturity date of each Bond being redeemed; and (E) any other descriptive information needed to identify accurately the Bonds being redeemed. Each further notice of redemption may be sent at least 20 days before the redemption date to each party entitled to receive notice pursuant to Section 12 and with such additional information as the City shall deem appropriate, but such mailings shall not be a condition precedent to the redemption of such Bonds. -19- Limited Tax General Obligation Refunding Bonds, 2014 (4) Amendment of Notice Provisions. The foregoing notice provisions of this Section 4, including but not limited to the information to be included in redemption notices and the persons designated to receive notices, may be amended by additions, deletions and changes in order to maintain compliance with duly promulgated regulations and recommendations regarding notices of redemption of municipal securities. SECTIONS. - Form of Bonds. The Bonds shall be in substantially the following form with appropriate or necessary insertions, depending upon the omissions and variations as permitted or required hereby: UNITED STATES OF AMERICA NO. $ STATE OF WASHINGTON CITY OF KENT LIMITED TAX GENERAL OBLIGATION REFUNDING BOND, 2014 INTEREST RATE: % MATURITY DATE: CUSIP NO.: REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: The City of Kent, Washington (the "City"), hereby acknowledges itself to owe and for value received promises to pay to the Registered Owner identified above, or registered assigns, on the Maturity Date identified above, the Principal Amount indicated above and to pay interest thereon from , 2014, or the most recent date to which interest has been paid or duly provided for until payment of this bond at the Interest Rate set forth above, payable on and semiannually thereafter on the first days of each succeeding and Both principal of and interest on this bond are payable in lawful money of the United States of America. The fiscal agency of the State of Washington has been appointed by the City as the authenticating agent, paying agent and registrar for the bonds of this issue (the "Bond Registrar"). For so long as the bonds of this issue are held in fully immobilized form, payments of principal and interest thereon shall be -20- Limited Tax General Obligation Refunding Bonds, 2014 made as provided in accordance with the operational arrangements of The Depository Trust Company ("DTC") referred to in the Blanket Issuer Letter of Representations (the "Letter of Representations") from the City to DTC. The bonds of this issue are issued under and in accordance with the provisions of the Constitution and applicable statutes of the State of Washington and Ordinance No. duly passed by the City Council on February 4, 2014 (the "Bond Ordinance"). Capitalized terms used in this bond have the meanings given such terms in the Bond Ordinance. This bond shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Bond Ordinance until the Certificate of Authentication hereon shall have been manually signed by or on behalf of the Bond Registrar or its duly designated agent. This bond is one of an authorized issue of bonds of like series, date, tenor, rate of interest and date of maturity, except as to number and amount in the aggregate principal amount of $ and is issued pursuant to the Bond Ordinance to provide a portion of the funds necessary (a) to defease and refund certain limited tax general obligation bonds of the City, and (b) to pay costs of issuance. [The bonds of this issue are subject to redemption as provided in the Bond Ordinance and the Bond Purchase Contract.] The City hereby irrevocably covenants and agrees with the owner of this bond that it will include in its annual budget and levy taxes annually, within and as a part of the tax levy permitted to the City without a vote of the electorate, upon all the property subject to taxation in amounts sufficient, together with other money legally available therefor, to pay the principal of and interest on this bond as the same shall become due. The full faith, credit and resources of the City are hereby irrevocably pledged for the annual levy and collection of such taxes and the prompt payment of such principal and interest. [The bonds of this issue have [not] been designated by the City as "qualified tax-exempt obligations" for investment by financial institutions under Section 265(b) of the Code.] The pledge of tax levies for payment of principal of and interest on the bonds may be discharged prior to maturity of the bonds by making provision for the payment thereof on the terms and conditions set forth in the Bond Ordinance. It is hereby certified that all acts, conditions and things required by the Constitution and statutes of the State of Washington to exist and to have happened, been done and performed precedent to and in the issuance of this bond exist and have happened, been done and performed and that the issuance of this bond and the bonds of this issue does not -21- Limited Tax General Obligation Refunding Bonds, 2014 violate any constitutional, statutory or other limitation upon the amount of bonded indebtedness that the City may incur. IN WITNESS WHEREOF, the City of Kent, Washington has caused this bond to be executed by the manual or facsimile signatures of the Mayor and the City Clerk and the seal of the City imprinted, impressed or otherwise reproduced hereon as of this _ day of 2014. [SEAL] CITY OF KENT, WASHINGTON By /s/ manual or facsimile Mayor ATTEST: /s/ manual or facsimile City Clerk The Bond Registrar's Certificate of Authentication on the Bonds shall be in substantially the following form: CERTIFICATE OF AUTHENTICATION This bond is one of the bonds described in the within-mentioned Bond Ordinance and is one of the Limited Tax General Obligation Refunding Bonds, 2014 of the City of Kent, Washington, dated 2014. WASHINGTON STATE FISCAL AGENCY, as Bond Registrar By SECTION 6. - Execution of Bonds. The Bonds shall be executed on behalf of the City with the manual or facsimile signature of the Mayor and attested by the manual or facsimile signature of the City Clerk and the seal of the City shall be impressed, imprinted or otherwise reproduced thereon. -22- Limited Tax General Obligation Refunding Bonds, 2014 Only such Bonds as shall bear thereon a Certificate of Authentication in the form hereinbefore recited, manually executed by the Bond Registrar, shall be valid or obligatory for any purpose or entitled to the benefits of this ordinance. Such Certificate of Authentication shall be conclusive evidence that the Bonds so authenticated have been duly executed, authenticated and delivered hereunder and are entitled to the benefits of this ordinance. In case either of the officers who shall have executed the Bonds shall cease to be an officer or officers of the City before the Bonds so signed shall have been authenticated or delivered by the Bond Registrar, or issued by the City, such Bonds may nevertheless be authenticated, delivered and issued and upon such authentication, delivery and issuance, shall be as binding upon the City as though those who signed the same had continued to be such officers of the City. Any Bond may be signed and attested on behalf of the City by such persons who at the date of the actual execution of such Bond, are the proper officers of the City, although at the original date of such Bond any such person shall not have been such officer of the City. SECTION 7. - Refunding Plan; Application of Bond Proceeds. (a) Refunding Plan. For the purpose of realizing a debt service savings, the City proposes to defease and refund the Refunded Bonds as set forth herein. The Refunded Bonds shall include all or a portion of the Refunding Candidates as designated by the Designated Representative and set forth in the Bond Purchase Contract. Proceeds of the Bonds shall -23- Limited Tax General Obligation Refunding Bonds, 2014 be deposited with the Escrow Agent pursuant to the Escrow Deposit Agreement to be used immediately upon receipt thereof to defease the Refunded Bonds as authorized by the 2004 Bond Ordinance and to pay costs of issuance of the Bonds. The net proceeds deposited with the Escrow Agent shall be used to defease the Refunded Bonds and discharge the obligations thereon by the purchase of certain Government Obligations (which obligations so purchased, are herein called "Acquired Obligations"), bearing such interest and maturing as to principal and interest in such amounts and at such times which, together with any necessary beginning cash balance, will provide for the payment of: (1) interest on the Refunded Bonds as such becomes due on and prior to the Call Date; and (2) the redemption price (100% of the principal amount) of the Refunded Bonds on the Call Date. Such Acquired Obligations shall be purchased at a yield not greater than the yield permitted by the Code and regulations relating to acquired obligations in connection with refunding bond issues. (b) Escrow Agent/Escrow Deposit Agreement. The City hereby appoints U.S. Bank National Association, Seattle, Washington, as the Escrow Agent for the Refunded Bonds (the "Escrow Agent'). A beginning cash balance, if any, and the Acquired Obligations shall be deposited irrevocably with the Escrow Agent in an amount sufficient to defease the Refunded Bonds. The proceeds of the Bonds remaining after acquisition of -24- Limited Tax General Obligation Refunding Bonds, 2014 the Acquired Obligations and provision for the necessary beginning cash balance shall be utilized to pay expenses of the acquisition and safekeeping of the Acquired Obligations and costs of issuance of the Bonds. In order to carry out the purposes of this Section 7, the Finance Director is authorized and directed to execute and deliver to the Escrow Agent, an Escrow Deposit Agreement. (c) Call for Redemption of Refunded Bonds. The City hereby sets aside sufficient funds out of the purchase of Acquired Obligations from proceeds of the Bonds to make the payments described above. The City hereby calls the Refunded Bonds for redemption on their Call Date in accordance with the provisions of the 2004 Bond Ordinance authorizing the redemption and retirement of the 2004 Bonds, prior to their fixed maturities. Said defeasance and call for redemption of the Refunded Bonds shall be irrevocable after the issuance of the Bonds and delivery of the Acquired Obligations to the Escrow Agent. The Escrow Agent is hereby authorized and directed to provide for the giving of notices of the redemption of the Refunded Bonds in accordance with the applicable provisions of the 2004 Bond Ordinance. The costs of publication of such notices shall be an expense of the City. The Escrow Agent is hereby authorized and directed to pay to the Finance Director, or, at the direction of the Finance Director, to the paying agent for the Refunded Bonds, sums sufficient to pay, when due, the -25- Limited Tax General Obligation Refunding Bonds, 2014 payments specified in this Section 7. All such sums shall be paid from the moneys and Acquired Obligations deposited with the Escrow Agent, and the income therefrom and proceeds thereof. All such sums so paid to or to the order of the Finance Director shall be credited to the Refunding Account. All moneys and Acquired Obligations deposited with the Escrow Agent and any income therefrom shall be held, invested (but only at the direction of the Finance Director) and applied in accordance with the provisions of this ordinance and with the laws of the State of Washington for the benefit of the City and owners of the Refunded Bonds. The City will take such actions as are found necessary to see that all necessary and proper fees, compensation and expenses of the Escrow Agent for the Refunded Bonds shall be paid when due. SECTION B. - Tax Covenants. The City covenants that it will not take or permit to be taken on its behalf any action that would adversely affect the exemption from federal income taxation of the interest on the Bonds and will take or require to be taken such acts as may reasonably be within its ability and as may from time to time be required under applicable law to continue the exemption from federal income taxation of the interest on the Bonds. (a) Arbitrage Covenant. Without limiting the generality of the foregoing, the City covenants that it will not take any action or fail to take any action with respect to the proceeds of sale of the Bonds or any other funds of the City which may be deemed to be proceeds of the Bonds pursuant to Section 148 of the Code and the regulations promulgated -26- Limited Tax General Obligation Refunding Bonds, 2014 thereunder which, if such use had been reasonably expected on the dates of delivery of the Bonds to the initial purchasers thereof, would have caused the Bonds to be treated as "arbitrage bonds" within the meaning of such term as used in Section 148 of the Code. The City will comply with the requirements of Section 148 of the Code and the applicable regulations thereunder throughout the term of the Bonds. (b) Private Person Use Limitation for the Bonds. The City covenants that for as long as the Bonds are outstanding, it will not permit: (1) More than 10% of the Net Proceeds of the Bonds to be allocated to any Private Person Use; and (2) More than 10% of the principal or interest payments on the Bonds in a Bond Year to be directly or indirectly: (A) secured by any interest in property used or to be used for any Private Person Use or secured by payments in respect of property used or to be used for any Private Person Use, or (B) derived from payments (whether or not made to the City) in respect of property, or borrowed money, used or to be used for any Private Person Use. The City further covenants that, if: (3) More than five percent of the Net Proceeds of the Bonds are allocable to any Private Person Use; and (4) More than five percent of the principal or interest payments on the Bonds in a Bond Year are (under the terms of this ordinance or any underlying arrangement) directly or indirectly: -27- Limited Tax General Obligation Refunding Bonds, 2014 (A) secured by any interest in property used or to be used for any Private Person Use or secured by payments in respect of property used or to be used for any Private Person Use, or (B) derived from payments (whether or not made to the City) in respect of property, or borrowed money, used or to be used for any Private Person Use, then, (i) any Private Person Use of the projects described in subsection (3) hereof or Private Person Use payments described in subsection (4) hereof that is in excess of the five percent limitations described in such subsections (3) or (4) will be for a Private Person Use that is related to the state or local governmental use of the projects refunded by the proceeds of the Bonds, and (ii) any Private Person Use will not exceed the amount of Net Proceeds of the Bonds allocable to the state or local governmental use portion of the projects(s) to which the Private Person Use of such portion of the projects refunded by the proceeds of the Bonds relate. The City further covenants that it will comply with any limitations on the use of the projects refunded by the proceeds of the Bonds by other than state and local governmental users that are necessary, in the opinion of its bond counsel, to preserve the tax exemption of the interest on the Bonds. (c) Modification of Tax Covenants. The covenants of this section are specified solely to assure the continued exemption from regular income taxation of the interest on the Bonds. To that end, the provisions of this section may be modified or eliminated without any requirement for -28- Limited Tax General Obligation Refunding Bonds, 2014 formal amendment thereof upon receipt of an opinion of the City's bond counsel that such modification or elimination will not adversely affect the tax exemption of interest on any Bonds. (d) In the Federal Tax Certificate the City may designate the Bonds as "qualified tax-exempt obligations" under Section 265(b)(3) of the Code for investment by financial institutions if at the time of such designation it reasonably does not expect to issue more than $10,000,000 in qualifying tax-exempt debt during calendar year 2014. SECTION 9. - Bond Fund and Provision for Tax Levy Payments. The City hereby authorizes the creation of a fund to be used for the payment of debt service on the Bonds, designated as the "City of Kent Limited Tax General Obligation Bond Debt Service Fund, 2014" (the "Bond Fund"). No later than the date each payment of principal of or interest on the Bonds becomes due, the City shall transmit sufficient funds, from the Bond Fund or from other legally available sources, to the Bond Registrar for the payment of such principal or interest. Money in the Bond Fund may be invested in legal investments for City funds. The City hereby irrevocably covenants and agrees for as long as any of the Bonds are outstanding and unpaid that each year it will include in its budget and levy an ad valorem tax upon all the property within the City subject to taxation in an amount that will be sufficient, together with all other revenues and money of the City legally available for such purposes, to pay the principal of and interest on the Bonds when due. -29- Limited Tax General Obligation Refunding Bonds, 2014 The City hereby irrevocably pledges that the annual tax provided for herein to be levied for the payment of such principal and interest shall be within and as a part of the tax levy permitted to cities without a vote of the people, and that a sufficient portion of each annual levy to be levied and collected by the City prior to the full payment of the principal of and interest on the Bonds will be and is hereby irrevocably set aside, pledged and appropriated for the payment of the principal of and interest on the Bonds. The full faith, credit and resources of the City are hereby irrevocably pledged for the annual levy and collection of said taxes and for the prompt payment of the principal of and interest on the Bonds when due. SECTION 10. - Defeasance. In the event that the City, to effect the payment, retirement or redemption of any Bond, sets aside in the Bond Fund or in another special account, cash or noncallable Government Obligations, or any combination of cash and/or noncallable Government Obligations, in amounts and maturities which, together with the known earned income therefrom, are sufficient to redeem or pay and retire such Bond in accordance with its terms and to pay when due the interest and redemption premium, if any, thereon, and such cash and/or noncallable Government Obligations are irrevocably set aside and pledged for such purpose, then no further payments need be made into the Bond Fund for the payment of the principal of and interest on such Bond. The owner of a Bond so provided for shall cease to be entitled to any lien, benefit or security of this ordinance except the right to receive payment of principal, -30- Limited Tax General Obligation Refunding Bonds, 2014 premium, if any, and interest from the Bond Fund or such special account, and such Bond shall be deemed to be not outstanding under this ordinance. The City shall give written notice of defeasance to the owners of all Bonds so provided for within 30 days of the defeasance and to each party entitled to receive notice in accordance with Section 12. SECTION 11. - Sale of Bonds. (a) Bond Sale. The Bonds shall be sold at negotiated sale to the Underwriter pursuant to the terms of the Bond Purchase Contract. The Financial Advisor has advised the Council that market conditions are fluctuating and, as a result, the most favorable market conditions may occur on a day other than a regular meeting date of the Council. The Council has determined that it would be in the best interest of the City to delegate to the Designated Representative for a limited time the authority to approve the final interest rates, aggregate principal amount, principal amounts of each maturity of the Bonds, selection of the Refunded Bonds, and redemption rights. The Designated Representative is hereby authorized to designate a portion or all of the Refunding Candidates as Refunded Bonds, and to approve the final interest rates, aggregate principal amount, principal amounts of each maturity of the Bonds, and redemption rights for the Bonds in the manner provided hereafter so long as (i) the aggregate principal amount of the Bonds does not exceed $14,000,000, (ii) the final maturity date for the Bonds is no later than December 1, 2021, (iii) the -31- Limited Tax General Obligation Refunding Bonds, 2014 Bonds are sold (in the aggregate) at a price not less than 97% and not greater than 120%, (iv) the Bonds are sold for a price that results in a minimum net present value debt service savings over the Refunded Bonds of at least 3.0%, (v) the true interest cost for the Bonds (in the aggregate) does not exceed 3.5%; and (vi) the Bonds conform to all other terms of this ordinance. Subject to the terms and conditions set forth in this section, the Designated Representative is hereby authorized to execute the Bond Purchase Contract. Following the execution of the Bond Purchase Contract, the Finance Director shall provide a report to the Council describing the final terms of the Bonds approved pursuant to the authority delegated in this section. The authority granted to the Designated Representative by this Section 11 shall expire 120 days after the effective date of this ordinance. If a Bond Purchase Contract for the Bonds has not been executed within 120 days after the effective date of this ordinance, the authorization for the issuance of the Bonds shall be rescinded, and the Bonds shall not be issued nor their sale approved unless such Bonds shall have been re- authorized by ordinance of the Council. The ordinance re-authorizing the issuance and sale of such Bonds may be in the form of a new ordinance repealing this ordinance in whole or in part or may be in the form of an amendatory ordinance approving a bond purchase contract or establishing terms and conditions for the authority delegated under this Section 11. (b) Delivery of Bonds; Documentation. Upon the passage and approval of this ordinance, the proper officials of the City, including the -32- Limited Tax General Obligation Refunding Bonds, 2014 Finance Director and Chief Administrative Officer, are authorized and directed to undertake all action necessary for the prompt execution and delivery of the Bonds to the Underwriter and further to execute all closing certificates and documents required to effect the closing and delivery of the Bonds in accordance with the terms of this ordinance and the Bond Purchase Contract. (c) Preliminary and Final Official Statements. The Finance Director is hereby authorized to ratify and to deem final the preliminary Official Statement relating to the Bonds for the purposes of the Rule. The Finance Director is further authorized to ratify and to approve for purposes of the Rule, on behalf of the City, the final Official Statement relating to the issuance and sale of the Bonds and the distribution of the final Official Statement pursuant thereto with such changes, if any, as may be deemed by her to be appropriate. SECTION 12. - Undertaking to Provide Ongoing Disclosure. (a) Contract/Undertaking. This section constitutes the City's written undertaking for the benefit of the owners, including Beneficial Owners, of the Bonds as required by Section (b)(5) of the Rule. (b) Financial Statements/Operating Data. The City agrees to provide or cause to be provided to the MSRB the following annual financial information and operating data for the prior fiscal year (commencing in 2014 for the fiscal year ended December 31, 2013): 1. Annual financial statements, which statements may or may not be audited, showing ending fund balances for the City's general -33- Limited Tax General Obligation Refunding Bonds, 2014 fund prepared in accordance with the Budgeting Accounting and Reporting System prescribed by the Washington State Auditor pursuant to RCW 43.09.200 (or any successor statute) and generally of the type specified in the official statement for the Bonds; 2. The assessed valuation of taxable property in the City; 3. Ad valorem taxes due and percentage of taxes collected; 4. Property tax levy rate per $1,000 of assessed valuation; and 5. Outstanding general obligation debt of the City. Items 2-5 shall be required only to the extent that such information is not included in the annual financial statements. The information and data described above shall be provided on or before nine months after the end of the City's fiscal year. The City's current fiscal year ends December 31. The City may adjust such fiscal year by providing written notice of the change of fiscal year to the MSRB. In lieu of providing such annual financial information and operating data, the City may cross-reference to other documents available to the public on the MSRB's internet website or filed with the Commission. If not provided as part of the annual financial information discussed above, the City shall provide to the MSRB the City's audited annual financial statements prepared in accordance with the Budgeting Accounting and Reporting System prescribed by the Washington State -34- Limited Tax General Obligation Refunding Bonds, 2014 Auditor pursuant to RCW 43.09.200 (or any successor statute) when and if available. (c) Listed Events. The City agrees to provide or cause to be provided to the MSRB, in a timely manner not in excess of ten business days after the occurrence of the event, notice of the occurrence of any of the following events with respect to the Bonds: • Principal and interest payment delinquencies; • Non-payment related defaults, if material; • Unscheduled draws on debt service reserves reflecting financial difficulties; • Unscheduled draws on credit enhancements reflecting financial difficulties; • Substitution of credit or liquidity providers, or their failure to perform; • Adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701-TEB) or other material notices or determinations with respect to the tax status of the Bonds, or other material events affecting the tax status of the Bonds; • Modifications to the rights of Bondholders, if material; • Bond calls, if material, and tender offers; • Defeasances; -35- Limited Tax General Obligation Refunding Bonds, 2014 • Release, substitution, or sale of property securing repayment of the Bonds, if material; • Rating changes; • Bankruptcy, insolvency, receivership or similar event of the City; • The consummation of a merger, consolidation, or acquisition involving the City or the sale of all or substantially all of the assets of the City, other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material; and • Appointment of a successor or additional trustee or the change of name of a trustee, if material. The City shall promptly determine whether the events described above are material. (d) Format for Filings with the MSRB. All notices, financial information and operating data required by this undertaking to be provided to the MSRB must be in an electronic format as prescribed by the MSRB. All documents provided to the MSRB pursuant to this undertaking must be accompanied by identifying information as prescribed by the MSRB. (e) Notification Upon Failure to Provide Financial Data. The City agrees to provide or cause to be provided, in a timely manner, to the -36- Limited Tax General Obligation Refunding Bonds, 2014 MSRB notice of its failure to provide the annual financial information described in Subsection (b) above on or prior to the date set forth in Subsection (b) above. (f) Termination/Modification. The City's obligations to provide annual financial information and notices of certain listed events shall terminate upon the legal defeasance, prior redemption or payment in full of all of the Bonds. Any provision of this section shall be null and void if the City (1) obtains an opinion of nationally recognized bond counsel to the effect that the portion of the Rule that requires that provision is invalid, has been repealed retroactively or otherwise does not apply to the Bonds and (2) notifies the MSRB of such opinion and the cancellation of this section. The City may amend this section with an opinion of nationally recognized bond counsel in accordance with the Rule. In the event of any amendment of this section, the City shall describe such amendment in the next annual report, and shall include a narrative explanation of the reason for the amendment and its impact on the type (or in the case of a change of accounting principles, on the presentation) of financial information or operating data being presented by the City. In addition, if the amendment relates to the accounting principles to be followed in preparing financial statements, (A) notice of such change shall be given in the same manner as for a listed event under Subsection (c), and (B) the annual report for the year in which the change is made shall present a comparison (in narrative form and also, if feasible, in quantitative form) between the -37- Limited Tax General Obligation Refunding Bonds, 2014 financial statements as prepared on the basis of the new accounting principles and those prepared on the basis of the former accounting principles. (g) Bond Owner's Remedies Under This Section. The right of any bondowner or Beneficial Owner of Bonds to enforce the provisions of this section shall be limited to a right to obtain specific enforcement of the City's obligations under this section, and any failure by the City to comply with the provisions of this undertaking shall not be an event of default with respect to the Bonds. (h) No Default. Except as otherwise disclosed in the City's official statement relating to the Bonds, the City is not and has not been in default in the performance of its obligations of any prior undertaking for ongoing disclosure with respect to its obligations. SECTION 13. - Lost, Stolen or Destroyed Bonds. In case any Bond or Bonds shall be lost, stolen or destroyed, the Bond Registrar may execute and deliver a new Bond or Bonds of like date, number and tenor to the Registered Owner thereof upon the Registered Owner's paying the expenses and charges of the City and the Bond Registrar in connection therewith and upon his/her filing with the City evidence satisfactory to the City that such Bond was actually lost, stolen or destroyed and of his/her ownership thereof, and upon furnishing the City and/or the Bond Registrar with indemnity satisfactory to the City and the Bond Registrar. SECTION 14. - Severability; Ratification. If any one or more of the covenants or agreements provided in this ordinance to be performed -38- Limited Tax General Obligation Refunding Bonds, 2014 on the part of the City shall be declared by any court of competent jurisdiction to be contrary to law, then such covenant or covenants, agreement or agreements, shall be null and void and shall be deemed separable from the remaining covenants and agreements of this ordinance and shall in no way affect the validity of the other provisions of this ordinance or of the Bonds. All acts taken pursuant to the authority granted in this ordinance but prior to its effective date are hereby ratified and confirmed. -39- Limited Tax General Obligation Refunding Bonds, 2014 SECTION 15. - Effective Date of Ordinance. This ordinance shall take effect and be in force five days after its passage, approval, and publication as provided by law. Adopted by the City Council of the City of Kent, Washington, at a regular meeting thereof held this 4th of February, 2014. By Suzette Cooke, Mayor ATTEST Ronald F. Moore, MMC, City Clerk APPROVED AS TO FORM: PACIFICA LAW GROUP LLP Bond Counsel PASSED: of February, 2014 APPROVED: of February, 2014 PUBLISHED: of February, 2014 -40- Limited Tax General Obligation Refunding Bonds, 2014 CERTIFICATION I, the undersigned, City Clerk of the City of Kent, Washington (the "City"), hereby certify as follows: 1. The attached copy of Ordinance No. (the "Ordinance") is a full, true and correct copy of an ordinance duly passed at a regular meeting of the City Council of the City held at the regular time and meeting place thereof on February 4, 2014, as that ordinance appears on the minute book of the City; and the Ordinance will be in full force and effect after its passage; and 2. A quorum of the members of the City Council was present throughout the meeting and a majority of those members present voted in the proper manner for the passage of the Ordinance. IN WITNESS WHEREOF, I have hereunto set my hand this 4th day of February, 2014. CITY OF KENT, WASHINGTON Ronald F. Moore, MMC, City Clerk This page intentionally left blank. KENT Agenda Item: Consent — 7F TO: City Council DATE: February 4, 2014 SUBJECT: Budget Certification for Annexation Sales Tax Credit Resolution — Adopt MOTION: Move to adopt Resolution No. , approving the certification of $4,230,777 for the Panther Lake annexation sales tax credit for the period July 1, 2014 through June 30, 2015. SUMMARY: The City is required to certify to the state of Washington before March Vt of each year, the amount needed from the annexation sales tax credit to provide services in the annexed area. The Finance Department has calculated the costs and revenues within the Panther Lake annexation area and has determined a gap between revenues generated and expenditures used to provide services of $4,230,777 for July 1, 2014 through June 30, 2015. EXHIBITS: Resolution RECOMMENDED BY: Operations Committee YEA: Thomas - Ralph - Boyce (post meeting) NAY: BUDGET IMPACTS: The budget for the Panther Lake annexation area for the State's fiscal year 2013 is anticipated to be $11,949,899 in expenditures to provide City services to those residents, while we anticipate revenues of $7,719,122 from property taxes, sales taxes and other sources. The net of the revenues and costs produces a deficit of $4,230,777 which is the amount being certified as the amount of annexation sales tax credit we are requesting from the State. This page intentionally left blank. RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington, determining a new threshold amount for the sales and use tax authorized by RCW 82.14.415 and codified in Chapter 3.27 of the Kent City Code, relating to the cost of providing municipal services to the Panther Lake Annexation Area for the 2014 fiscal year, and authorizing the Finance Director to certify the threshold amount to the Washington State Department of Revenue. RECITALS A. RCW 82.14.415 authorizes the City to impose a sales and use tax as a credit against state retail sales and use taxes collected under Chapters 82.08 and 82.12 RCW to assist the City in providing municipal services to newly annexed areas. B. After providing all appropriate notice and following appropriate procedure, and following a favorable vote on the annexation proposition, the Kent City Council adopted Ordinance No. 3936 on December 8, 2009, approving the Panther Lake Annexation Area effective July 1, 2010. The population within the annexation area determined at the time of annexation was 25,458 people. 1 Tax Credit Threshold Panther Lake Annexation C. On February 16, 2010, the City Council passed Ordinance No. 3947, creating Chapter 3.27 of the Kent City Code and imposing the sales and use tax at the rate of 0.2 percent. D. On February 15, 2011, the City Council adopted Resolution No. 1839 confirming the tax rate at 0.2 percent and authorizing the finance director to certify the threshold amount for the 2011 fiscal year. E. On February 7, 2012, through Resolution No. 1853, the City Council adopted a new threshold amount for the 2012 fiscal year and authorized the finance director to certify the same. F. On February 19, 2013, through Resolution No. 1871, the City Council adopted a new threshold amount for the 2013 fiscal year and authorized the finance director to certify the same. G. With this Resolution, the City authorizes the imposition of similar annexation sales and use taxes for the 2014 fiscal year. H. The City Council of the city of Kent, Washington, finds and determines that the projected cost to provide municipal services to the Panther Lake Annexation Area for the 2014 fiscal year will be at least $11,949,899, and that this cost exceeds the projected general revenue that the City would otherwise receive from the annexation during the 2014 fiscal year, which is estimated to be $7,719,122. I. Pursuant to RCW 82.14.415, the city of Kent is authorized, under the circumstances of this annexation, to impose a sales and use tax for the 2014 fiscal year, which shall be collected by the State department of revenue from those persons who are taxable by the state under 2 Tax Credit Threshold Panther Lake Annexation Chapters 82.08 and 82.12 RCW, upon the occurrence of any taxable event within the City. J. The rate of tax imposed shall be 0.2 percent, and shall be in addition to other taxes authorized by law, and the threshold amount for the 2014 fiscal year is $4,230,777. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: RESOLUTION SECTION 1, - Rate and Threshold Amount. The Kent City Council determines that the threshold amount for the City's projected net cost in providing municipal services to the Panther Lake Annexation Area for the 2014 fiscal year is $4,230,777. The City Council previously imposed a sales and use tax at the rate of 0.2 percent, with the passage of Ordinance No. 3947 on February 16, 2010. SECTION 2, - Implementation and certification. The Mayor of the city of Kent is authorized to implement administrative procedures as may be necessary to carry out the provisions of this resolution. The City's Finance Director is authorized to certify the amount for the 2014 fiscal year to the appropriate agencies within the State of Washington. SECTION 3, - Severability. If any section, subsection, paragraph, sentence, clause or phrase of this resolution is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this resolution. 3 Tax Credit Threshold Panther Lake Annexation SECTION 4, - Savings. Resolution No. 1871 shall remain in full force and effect until the effective date of this resolution. SECTIONS. - Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. SECTION 6, - Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this resolution, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or resolution numbering and section/subsection numbering. SECTION 7, - Effective Date. This resolution shall take effect and be in force immediately upon its passage, however the imposition of the sales and use taxes for the 2014 state fiscal year authorized by this resolution shall not take effect until the commencement of that fiscal year. PASSED at a regular open public meeting by the City Council of the city of Kent, Washington, this day of 2014. CONCURRED in by the Mayor of the city of Kent this day of 2014. SUZETTE COOKE, MAYOR 4 Tax Credit Threshold Panther Lake Annexation ATTEST: RONALD F. MOORE, CITY CLERK APPROVED AS TO FORM: ARTHUR "PAT" FITZPATRICK, ACTING CITY ATTORNEY I hereby certify that this is a true and correct copy of Resolution No. passed by the City Council of the city of Kent, Washington, the day of 2014. RONALD F. MOORE, CITY CLERK P:\Civil\I solution\Mnexadon Sales Tax Threshold2014.docx 5 Tax Credit Threshold Panther Lake Annexation This page intentionally left blank. KENT Agenda Item: Consent - 7G TO: City Council DATE: February 4, 2014 SUBJECT: Emergency Guardrail Repair Service Contract with Peterson Brothers, Inc. - Authorize MOTION: Authorize the Mayor to sign a contract with Petersen Brothers Construction, Inc. to perform emergency repairs of damaged guardrails on an as needed basis in an amount not to exceed $20,000, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: The city typically has several guardrails that are damaged or destroyed each year by vehicles due to severe weather or inattentive drivers. In the past we have spent time soliciting bids for each repair. Petersen Brothers is the only business that consistently responds and at this time is the sole provider for this service in the region. We are requesting the approval of this contract to be able to expedite repairs. EXHIBITS: None RECOMMENDED BY: Public Works Committee YEA: Berrios - Ralph - Higgins NAY: BUDGET IMPACTS: Funds would be made available by Council through the use of Business and Occupation Tax. This page intentionally left blank. KENT Agenda Item: Consent - 7H TO: City Council DATE: February 4, 2014 SUBJECT: 2013 Crack Sealing Project Completion - Accept MOTION: Accept the 2012 Crack Sealing Project as complete and release retainage to C.R. Contracting, upon receipt of standard releases from the state and the release of any liens. SUMMARY: Crack sealing is a maintenance treatment used to prevent water from infiltrating cracks in a roadway. When water infiltrates cracks, it leads to accelerated damage of the roadway. Historically, Public Works Operations crews have performed crack sealing. Our crews still perform a significant amount of crack sealing work annually; however, the volume of work has exceeded the time available for in-house personnel. Therefore, several roadways in the valley were identified to have crack sealing performed by a Contractor. The original contract amount was $195,300.00. The final contract amount was $194,194.70. The project consisted of installing approximately 18 tons of rubberized asphalt for crack sealing on Central Avenue South, West Valley Highway, 84th Avenue South, 64th Avenue South, Meeker Street and several industrial streets in the northwest corner of the city. The contract is now complete and ready for Council acceptance. EXHIBITS: None RECOMMENDED BY: Public Works Director YEA: NAY: BUDGET IMPACTS: This project was funded from the Business & Occupation tax revenue. This item did not need to be brought to Committee. This page intentionally left blank. KENT Agenda Item: Consent - 7I TO: City Council DATE: February 4, 2014 SUBJECT: Oakleigh I & II Bill of Sale- Accept MOTION: Accept the Bill of Sale for the Oakleigh I & II project, permit 2071420, for 28 gate valves, 5 hydrants, and 3,816 linear feet of waterline; 17 sanitary sewer manholes, and 2,747 linear feet of sanitary sewerline; 384 linear feet of new curb and gutter, 272 linear feet of new sidewalk, 2 street lights, and 6 street trees; 1 storm sewer catch basin, and 320 linear feet of storm sewerline. SUMMARY: The Oakleigh I & II project is located at 27919 106th Ave. SE; parcel #3222059089. EXHIBITS: Oakleigh I & II Bill of Sale RECOMMENDED BY: Public Works Director YEA: NAY: BUDGET IMPACTS: This page intentionally left blank. MAIL TO: CITY OF KENT ENGINEERING DEPARTMENT ATTN: Ozzie Carrasquilla �Aj 220 — 4T" AVENUE SOUTH WASH IN a T O a KENT, WASHINGTON 98032 Project: Oakleigh I & II CITY OF KFNT Permit #:_RECC-2071420 JUN Q 5 201.E Location: 108" Avenue SE at SE 279th Street ENGINEERING UEP I Parcel #: 322205-9094. -9089. -9095, -9122, -9137 BILL OF SALE CITY OF KENT KING COUNTY, WASHINGTON THIS INSTRUMENT made this 12th day of April 2013, by and between Henley USA LLC, hereinafter called "Grantors", and City of Kent, a municipal corporation of King County, State of Washington, hereinafter called "Grantee": WITNESSETH: That the said Grantors for a valuable consideration does hereby grant, bargain, sell to Grantee the following described improvements: A. WATERMAINS: Together with a total of 28 gate valves at $800.00 each, 5 hydrants at $4,200 each and/or any other appurtenances thereto. ON FROM TO SE 2Both Street 1081h Avenue SE West plat boundary 105th Avenue SE 106th Avenue SE SE 278th Street SE 279th Street 1071h Place SE SE 2771h Place 108th Avenue SE Private Drive Access Including 3,816 linear feet at $42.00 per LF of 8" D.I. waterline, and 300 linear feet at $50.00 per LF of 12" D.I. waterline. Bill of Sale 14369.036.doc 1of5 B. SANITARY SEWERS: Together with a total of 17 manholes at $3,200.00 each and/or any other appurtenances thereto. ON FROM TO SE 2801h Street 1081h Avenue SE West plat boundary 105th Avenue SE 106th Avenue SE SE 278th Street SE 279th Street 107" Place SE SE 2771h Place 108th Avenue SE Private Drive Access Including 2,747 linear feet at $38.00 per LF of 8" PVC sewerline, and 611 linear feet at $50.00 per LF of 12" PVC sewerline. C. FRONTAGEIMPROVEMENTS: Together with lights, trees, landscaping (except residential streets) and/or any other appurtenances ON FROM M 1081h Avenue SE SE 279th Street SE 278t" Street Including 384 linear feet at $8.00 per LF of concrete curb and gutter, and 272 linear feet at $12.00 per LF of 6-foot concrete sidewalk, and 2 street lights at $6,500.00 each, and 6 street trees at $300.00 each. D. STORM SEWERS: Together with a total of 5 Type I catch basins at $950.00 each, and/or any other appurtenances thereto. ON FROM TO 1081h Avenue SE SE 279th Street SE 278th Street Including 320 linear feet at $28.00 per LF of 12" PVC sewerline. To have and to hold the same to the said Grantee, its successors and assigns forever. The undersigned hereby covenants that it is the lawful owner of said property; and that the same is free from all encumbrances; that all bills for labor and materials have been paid; that it has the right to sell the same aforesaid; that it will warrant and defend the same against the lawful claims and demand of all person(s). The Bill of Sale is given on consideration of the agreement of the Grantee for itself, its successors and assigns to incorporate said utilities in its utility system and to maintain them as provided in the applicable City Ordinances. The City accepts the items subject to staff approval and completion of a 2 year maintenance period. Bill of Sale 1436e.036.doc 2of5 IN WITNCEESS WHEREOF, the undersigned has caused this instrument to be executed on this L t day of 2013. ��V v,-..L,'f'\'Jv-- i=`�- L-Li.u1.C�; N'lfi,Vtet.�a• r�:,_�'._.. '.. IN WITNESS WHEREOF, the undersigned has caused this instrument to be executed on this day of 2013, STATE OF WASHINGTON ) ) SS COUNTY OF KING ) On this day of 2013, before me, .the undersigned A Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared to me known to be the individual described in and who executed the foregoing instrument, and acknowledged to me that he/she signed and sealed this instrument as his/her free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of 2013. Notary Public in and for the State of Washington, residing at My Commission Expires: Bill of Sale 14369.036.doc 3 of 5 i STATE OF WASHINGTON ) ) SS COUNTY OF KING ) On this is day of Y 2013, before me, the undersigned A Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared f�t' t (`--&A1/e-// and to me to be the PJ �c�P (,.bvo6 4d" d respectively of FiR/ � dA the�7G�M ;,Ce®/ G>'40,IAX l"rx that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said Gf-C for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute the said instrument. Witness my hand and official seal hereto affix the day and year first above written. �449bRSGilytrid�,�� �«•�@i,�Qp1NTih�ry,„•.,/Js�se. ,€ll .�' .l.�s�iwr � :0°4. Notary Public IW and for the ate of *, 30 w.Z_ Washington, residing at 2014 ?BeR AitP16 �0`��`` My Commission Expires: The Bill of Sale is given and accepted pursuant to a motion duly made, seconded, and passed by the City Council of the City of Kent, King County, Washington, on the day of 2013. Bill of Sale 14369.036.doc 4of5 FO i WASHINGTON it ENGINEER'S CERTIFICATION CITY OF KENT KING COUNTY, WASHINGTON The figures used on the Bill of Sale for the Oakleigh I and II project dated April 12, 2013, for the same said Oakleigh I and II project. Chris Jensen, the undersigned P.E. or land surveyor is the person responsible for the preparation of the Bill of Sale and is an employee of Barghausen Consulting Engineers, Inc., the firm responsible for the preparation of the record drawings. �R1S JEFys� evA �C O 4 11111� Sigr ature (Engineer stamp required) Bill of Sale 14369.036.doc 5of5 This page intentionally left blank. KENT Agenda Item: Other Business — 8A TO: City Council DATE: February 4, 2014 SUBJECT: Financial policy Resolution - Adopt MOTION: Move to adopt Resolution No. , repealing Resolution No. 1859, amending financial policies to be used for guidance when enacting and amending the city budget. SUMMARY: This resolution amends the city's financial policies by clarifying the requirements and available uses for the city's Strategic Opportunities Fund, first, by confirming that non-recurring revenues only be applied to non-recurring expenses, and second, by confirming that monies will not be spent out of this fund unless the council first approves the expenditure. Additionally, we have added a new, aspirational goal designed to obtain exceptional financial stability by increasing our total government fund balance to a point where it should carry the city through future economic downturns. EXHIBITS: Resolution and Exhibit RECOMMENDED BY: Operations Committee YEA: Thomas — Ralph — Boyce (post meeting) NAY: BUDGET IMPACTS: None This page intentionally left blank. RESOLUTION NO. A RESOLUTION of the city council of the city of Kent, Washington, repealing Resolution 1859 and adopting financial, accounting, and budgetary policies intended to provide short and long-term guidance to city staff for the purpose of achieving financial stability and achieving goals established in the City Council's Strategic Plan. RECITALS A. As the council developed its strategic plan, it also created a new set of financial, accounting and budgetary policies that are intended to offer short and long-term guidance to city staff as the city moves toward accomplishing the goals established in the strategic plan. The council adopted these financial policies by resolution on June 5, 2012. B. Since implementing these policies, the council has determined that certain policies, such as the policy pertaining to the city's "Strategic Opportunities Fund," need clarification. Further, in order to be best prepared for future economic downturns, the policies have been amended to add an aspirational goal of building a solid financial reserve for all city funds. C. Just as the strategic plan reflects goals and a vision the city strives to achieve, these amended policies reflect the financial goals and vision for the city. Accordingly, the council implements these policies today with the 1 Financial Policies Resolution understanding that not all goals can be achieved immediately, but rather will be achieved over time. THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: RESOLUTION SECTION 1, - Recitals. The foregoing recitals are incorporated by this reference. SECTION 2, - Repealer. Resolution No. 1859, adopted on June 5, 2012, is repealed in its entirety. SECTION 3, - Policies Adopted. The city of Kent Financial Policies attached as Exhibit A are adopted. SECTION 4, - Severabilitv. If any one or more section, subsection, or sentence of this resolution is held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining portion of this resolution and that remaining portion shall maintain its full force and effect. SECTION S. - Effective Date. This resolution shall take effect and be in force immediately upon its passage. PASSED at a regular open public meeting by the city council of the city of Kent, Washington, this day of 2014. SUZETTE COOKE, MAYOR 2 Financial Policies Resolution ATTEST: RONALD F. MOORE, CITY CLERK APPROVED AS TO FORM: ARTHUR 11PAT" FITZPATRICK, ACTING CITY ATTORNEY I hereby certify that this is a true and correct copy of Resolution No. passed by the city council of the city of Kent, Washington, the day of 2014. RONALD F. MOORE, CITY CLERK (SEAL) P:\Civil\Pesolution\financial Policies 2014.docx 3 Financial Policies Resolution FINANCIAL POLICIES FINANCIAL STABILITY POLICIES General Fund Reserves — The target for the General Fund Contingency Reserve is 10% of the General Fund budgeted expenditures or an amount that will maintain sufficient cash flow, whichever is greater. The policy is designed to provide a fiscal cushion and meet seasonal cash flow shortfalls. If the General fund reserve goes below 10%, based on the ending fund balance on December 31 of each year, the City shall take steps to rebuild the reserve within the next fiscal year. Strategic Opportunities Fund — The City shall annually transfer any amount in excess of the 10% General Fund Contingency Reserve in the General Fund to this fund, after first funding the Contingency for Unanticipated Costs. This fund will act as if it is a permanent fund except that it may be used to take advantage of investment opportunities that may arise. For the purposes of this section, "investment opportunities" includes expenditures intended to increase city revenues or decrease operating or capital costs. To the extent the balance in this fund is not from a recurring revenue source, it should only be utilized for a non-operating purpose or one time expenditure. In addition, any appropriation from this fund must first be approved by the City Council. In the event any of this fund is used in an economic downturn to stabilize city finances, such appropriation shall be repaid to the fund annually over the next three years. Capital Reserve Fund — The City shall annually budget a minimum of $250,000 into a reserve for the general capital needs of the City. Such fund may be used for unanticipated capital needs typically resulting from a natural disaster. This fund is designated to act as a stabilization fund for general capital and may, with a specific appropriation by City Council, be used for investment in revenue producing capital projects or capital projects that reduce recurring operational expenditures. This fund shall be enumerated in the budget and accrue each year. Contingency for Unanticipated Costs — The City will annually budget no less than $500,000 in the General fund for unanticipated costs. This amount, if unused, will be transferred in to a project account until the amount reaches a maximum of $1,500,000. If the fund or any portion of it is used, the City shall restore the balance to its $1,500,000 within three years. Maintenance and Operational Planning — Maintenance of current assets shall take priority over new capital projects whenever possible. The City Council shall ensure that there are stable sources of revenue to fund ongoing maintenance of capital assets. Before any new capital asset is approved, staff shall present an estimate of the life cycle and maintenance cost. Such costs shall be included in the budgets for the following years. The City Council shall not approve of new capital projects unless there is funding for the ongoing maintenance of the asset. The City shall maintain an inventory of all City assets and costs of maintenance of those assets. Total Governmental Funds Reserves — As an aspirational goal, the City shall maintain a total governmental fund balance of twice the greatest volatility in year over year changes in total revenues or $30 million, whichever is greater. DEBT POLICIES Projects Funded by Bonds — The use of long-term debt shall be minimized. The City should issue debt only for major capital projects. Debt should only be authorized for projects where the life of the asset constructed or acquired exceeds the life of the debt. Debt Service— To ensure that the City always meets all of their debt obligations, payments on outstanding debt shall be the highest priority before payment for other capital expenditures. Interfund Borrowing - The City will use interfund borrowing where such borrowing is cost effective to both the borrowing and the lending fund, and the funds will not be needed by the loaning fund during the term of the loan. Such borrowing shall implement Council directed policy in a simplified manner, such as borrowing associated with interim financing for local improvement district projects. A repayment plan should be approved along with the loan. The Mayor may approve loans for a term of one year. The Council must approve loans with terms longer than one year. Exhibit A OPERATING BUDGET POLICIES City Target Issues-The City Council will update its strategic plan in the early spring of each year. The staff will use this plan for development of the following year's budget priorities and the next biennial budget. Budget Kickoff—The Mayor and City Council shall meet in the Spring of even numbered years to plan the following biennial budget and agree on the anticipated revenues on which the preliminary budget will be based. The City Council shall review revenue estimates and preview potential changes to revenues. The City Council shall then approve the revenue amount that will be used by the Mayor to form the initial preliminary budget. The Mayor and City Council will meet additionally in late Summer to re-review the revenue estimates to adjust them more closely to the additional revenue information that has become available with the passage of time. Any changes resulting from this meeting shall be incorporated into the preliminary budget to be considered by City Council. Program Reviews — The Mayor shall perform a periodic review of staff and programs of the City for both efficiency and effectiveness.Alternate methods of delivery will be evaluated for providing services. Programs that are determined to be inefficient, ineffective, or inconsistent with the City Council's strategic goals shall be reduced in scope or eliminated. Preliminary Budget — The Mayor shall propose a preliminary budget in the Fall of even numbered years. The preliminary budget will be developed in accordance with the revenues approved by the City Council at the budget kickoff as amended. If the preliminary budget is based on revenues in excess of those approved by City Council,the Mayor will present the justification for the increased revenues or the additional proposed revenue sources. Structurally Balanced Budget—The Mayor shall present, and the City Council shall adopt a budget in which ongoing revenues equal or exceed ongoing expenditures. One time revenues shall not be used to pay for recurring expenditures. Conservative Expenditure Budgeting-The City will maintain its conservative expenditure budgeting with respect to budgeting existing full time positions for a full year. Acceptance of Grants —The City shall review any requirements for ongoing costs from any grant for operational purposes. Any requirement to fund any portion of the costs as a condition of receipt of the grant shall be a consideration in the decision to accept or reject the grant. Self Supporting Proprietary Funds-The City's water, sewer and golf course enterprise funds will be self supporting along with its internal service funds. The cost of providing services is expected to be fully funded from charges for the service. If the funds produce a loss, rates will be adjusted to achieve, at minimum, a break even status. If debt has been issued which requires a certain level of return, rates and charges will be adjusted to achieve those returns. Health Insurance Reserves — The target reserve for the Health Insurance Fund shall be two times IBNR. Full Cost of Service — The City will define its basic services to our residents. The services will be evaluated as to their full cost. This information will be incorporated and presented as a section of the annual budget. Exhibit A REVENUE AND COLLECTIONS Aggressive Collection Effort- The City will follow an aggressive policy of collecting all monies due the City to the extent that the collection efforts remain cost effective. Reimbursements on a timely basis—Many grants occur on a cost reimbursement basis. To maximize the City's available investable funds, reimbursement should be pursued on a timely basis. User Charges Related to Costs - The City will review fees and charges on an annual basis and will modify charges to adequately keep pace with increasing costs of providing services. User Charges and Taxes Related to Market Rates- The City will consider its user charges and its tax rates in connection with those of comparable sized communities and similar service providers, so that it will provide reasonable rates to maintain its advantage in the market place in attracting businesses and residences to the City of Kent. CAPITAL BUDGETING Committed Special Revenue Funds - The City will maintain its practice of designating its street and capital improvement revenue sources including a percentage of its sales tax collections for the funding of its capital improvement program. Capital Improvement Program - The City will update its capital facilities plan on an annual basis as required by the Growth Management Act. A preliminary plan will be established early in the budgeting process to serve as a guideline during the year,with a final amendment adopted with the adoption of the operating budgets to reflect the necessary changes in the City's Comprehensive Plan. DEBT POLICIES Projects Funded by Bonds — The use of long-term debt shall be minimized. The City should issue debt only for major capital projects. Debt should only be authorized for projects where the life of the asset constructed or acquired exceeds the life of the debt. Debt Service— To ensure that the City always meets all of their debt obligations, payments on outstanding debt shall be the highest priority before payment for other capital expenditures. Bond Rating-The Citywill continue to strive to improve its bond rating by improving its financial stability. Debt Capacity - The City strives to maintain adequate available debt capacity for large top priority projects. Bonding Limitations— Direct General Obligation Debt will not exceed 1.5% of assessed value; direct and indirect debt will not exceed 4% of assessed value; duration of the debt will not exceed 15 years. Revenue Debt Covenants—Will be based on the volatility of the revenues. Arbitrage regulations—Will be strictly followed. Special Assessment Guaranty Fund-The City will strive to maintain adequate reserves for retirement of special assessment debt through the maintenance of a special assessment guaranty fund at least 10% of outstanding special assessment debt. Interfund Borrowing - The City will use interfund borrowing where such borrowing is cost effective to both the borrowing and the lending fund, and the funds will not be needed by the loaning fund during the term of the loan. Such borrowing shall implement Council directed policy in a simplified manner, such as borrowing associated with interim financing for local improvement district projects. A repayment plan Exhibit A should be approved along with the loan. The Mayor may approve loans for a term of one year. The Council must approve loans with terms longer than one year. INVESTMENT POLICY Investment Security&Earnings Maximization-An investment policy was implemented per Ordinance #3278 in 1996 which detail the City's investment guidelines. The primary objective is to preserve the principal of the investment portfolio while maximizing the portfolio's return. FINANCIAL REPORTING Reporting frequency — Monthly budget and actual reports will be available to departments and a quarterly report will be presented to the City Council Operations Committee. Annual Report—Will be completed within 180 days. Reporting Improvements-The City will strive to continue to make improvements in its financial reporting scheme so that information available to the public,the City's governing bodies and other city departments is timely and the best available for sound financial decisions. Bondholders'Report— The City will prepare an annual report to bondholders. Full Disclosure—All public reports will contain full and complete disclosure of all material matters. Financial Trend Monitoring - The City will develop a program to evaluate its financial condition and establish a system for correcting any deficiencies noted. Annual Audits - The City will assist the State Auditor's Office in whatever way possible in conjunction with the preparation of the annual audit,and will implement modifications identified bythe State Auditorto improve the City's internal control and financial practices. Updates to these Policies—The Operations Committee of the City Council shall review these policies at least every four years. It is recommended that the review is done biennially during the budget process. Exhibit A ACCOUNTING Generally Accepted Accounting Principles-The City will maintain its position as a leader in producing financial reports in conformance with generally accepted accounting principles and pronouncements by the Governmental Accounting Standards Board. Basis of Accounting - The basis for accounting for the general fund, special revenue, debt service, capital projects and agency funds is modified accrual. Modified accrual recognizes revenues when they become both measurable and available to finance expenditures of the current period. The basis of accounting forthe enterprise, internal service funds and pension trustfund is full accrual. The appropriate basis is used throughout the budgeting, accounting and reporting processes, with few exceptions as noted below. Full accrual is a method of accounting that matches revenues and expenses with the period to which they relate, rather than focusing on actual cash flows. In this method, for example, an asset is depreciated as it is "used up", and the expense is recognized in periodic increments, rather than assuming the asset holds its value until it is actually disposed of. However, since the focus in budgeting is on the revenues and expendable accounts, depreciation and amortization are not considered budgetary accounts, and are excluded from the budgeting system. Likewise, debt service and capital expenditures are presented as the payments occur, departing from GAAP in this regard, in the budget document. Also, Trust and Agency Funds that may not be expended for governmental operations are excluded from this budget document. The presentation of the program budget departs from the basis of the legal budget by eliminating inter city transactions and allocating the net increases or decreases from internal services to the using programs. This is done to give the user a more complete picture of the total costs of the operating programs. Exhibit A BUDGET AND ACCOUNTING STRUCTURE The City of Kent, as all governmental units, operates its budget and accounting system based on a fund structure. Funds are established to segregate specific revenue to ensure their expenditure within applicable legal and contractual provisions. Revenues are allocated to and accounted for in individual funds based on the purposes for which they are to be spent and the means by which the spending activities are to be controlled. The City of Kent operates with seven basic fund types. Within each fund type there may exist one or more individual funds. The City of Kent operates with 26 individual funds. The fund types are listed below under their three major subheadings. FUND/PURPOSE RELATIONSHIP TO OTHER FUNDS GOVERNMENTAL FUNDS General Fund The General Fund is the principal operating The General Fund "buys" services from the fund of the City. It accounts for the financial Internal Service Funds: fuel and rental of resources of the City which are not accounted vehicles from the Equipment Rental Fund; for in any other fund. Principal sources of supplies, postage, photocopy, printing and revenue are property taxes, sales and use graphics, cable TV services, data processing taxes, utility taxes, licenses and permits, state and telephone services from Central Services; shared revenues, charges for services and facility maintenance and operation services interest income. Primary expenditures are for from Facilities; and insurance from the general City administration, police and fire Insurance Fund. Costs are allocated to all protection, engineering and planning services, funds in an effort to distribute accounting, park and street maintenance, and cultural and budgeting, legal and human resource services recreational services. as well as street, engineering and park services. General Fund also transfers funds for minor projects. Special Revenue Funds Special Revenue Funds are used to account for Taxes and grants are collected in the Street specific revenue sources that would otherwise Fund, LEOFF1 Retirees Fund, Lodging Tax be accounted for in the General Fund, but for Fund, Youth Teen Programs Fund, Capital which there exists certain legal restrictions as to Improvement Fund, Criminal Justice Fund, the use of certain revenues. The revenue is Community Development Block Grant Fund, segregated into individual special revenue funds Other Operating Projects Fund, and the Kent to ensure expenditure for a designated purpose. Events Center Operating Fund. Transfers from Principal sources of revenue are: state shared the Street and Capital Improvement Funds are fuel tax, earmarked sales and utility taxes and primarily to the Capital Project Funds or the community development block grant funds. The LTGO Debt Service Fund. major portion of these resources are transferred to other funds for debt retirement, capital acquisition and specific purposes operations. Exhibit A BUDGET AND ACCOUNTING STRUCTURE FUND/PURPOSE RELATIONSHIP TO OTHER FUNDS Debt Service Funds Debt Service Funds are used to account for the The Debt Service Funds receive the transfers accumulation of resources to be used for the from the Special Revenue Funds, Water Fund retirement of general long-term debt. The City and Sewerage Funds to pay principal and has three types of general long-term debt for interest on LTGO debt issues. which resources are accumulated: general obligation long-term debt (voted, general obligation long-term debt and LTGO)and special assessment debt. Sources of revenue to fund the retirement of general obligation long-term debt are property taxes and transfers in from other funds. Special assessments are levied and received to retire special assessment debt. Capital Projects Funds Capital Projects Funds are used to account for Transfers are received from Special Revenue the financing of major one time only capital and other funds as a partial source of funds projects other than those financed by Proprietary needed to complete projects. Funds. Sources of revenue are: proceeds of debt issuance, grants, and transfers from other funds. PROPRIETARY FUNDS Enterprise Funds Enterprise Funds are used to account for the The Enterprise Funds "buy" services from the financing of services provided to the general Equipment Rental Fund for equipment rental and public where all or most of the costs involved are fuel; from the Insurance Fund for insurance paid for by user charges. Operations financed needs; from the Central Service Funds for as enterprise funds are operated in a manner stores, telephone, postage, photocopying, similar to private business enterprises. Kent's printing and graphics, cable TV services, data enterprise funds are funded through water, processing and telecommunications; and from sewer, and drainage utility charges and the Facilities Fund for facility maintenance and recreational charges at the City's golf complex. operation services. The Enterprise Funds also reimburse the General Fund for cost allocations for budgeting,accounting, human resource, legal and engineering costs which relate to Enterprise Funds. Other funds purchase utilities at the same rate as the general public. Exhibit A BUDGET AND ACCOUNTING STRUCTURE FUND/PURPOSE RELATIONSHIP TO OTHER FUNDS Internal Service Funds Internal Service Funds are used to account for Centralizes costs for equipment rental, central the financing of specific services performed by services and insurance. These services are designated organizations within the City for "sold" to other funds at cost plus a reserve for other organizations within the City. The City's future needs. Equipment Rental, Central Service, Facilities Maintenance and Planning, and Insurance Funds provide centrally administered services then generate revenue by billing the organization to which the service is provided. FIDUCIARY FUND TYPES Trust and Agency Funds Trust and Agency Funds are used to account for assets held by the City as trustee or agent for individuals, private organizations or other governmental units. Since their funds are not expendable for City operations they are not included in the budget. However, per state auditor requirements, estimates are provided for their activities. Exhibit A BUDGET AND SPENDING CONTROL SYSTEM Budgets serve as control mechanisms in the operations of governmental units. Legal budgetary (expenditure) control in the City of Kent is maintained at the fund level. Administration can amend budgets, with no overall dollar increase between departments, within a fund. Supplemental appropriations that amend total expenditures, or in the case of Proprietary Funds amend working capital, require a City Council ordinance. All operating budgets lapse at the end of the biennium. Within each year of the biennium, a single year allocation will be adopted and operate as if it were an annual budget. General and Special Revenue Funds control expenditures with a legal biennial budget at the fund level. Debt Service Funds operate under the control of the bond indentures which established them. Capital Projects Funds operate under the control of total project authorization, rather than the annual budget. Proprietary Funds control expenditures with a flexible budget whereby the expenditure increases must be offset by increased resources. Though budgetary control is at the fund level, budget and actual information is maintained by project, organization, program and object. Both budget and actual information is presented on a GAAP basis of accounting, when presented by fund. The City must adopt its biennial budget by December of the preceding fiscal year. This usually follows six months of analysis by staff and City Council. The first step involves the establishment of the baseline revenue budget by the City Council. The second step is to review the City Council Strategic Goals and begin budget development to assist in achieving those goals.Third, undertake a program review to ensure that current program offerings are in agreement with City Council goals and priorities. The emphasis is placed on the General and Special Revenue Funds since the operation of other funds are tied to ordinances, contractual agreements or separately established rate structures. Once the baseline operations have been reviewed and adjusted based on administrative policy, program expansion is included to the level of projected available resources after the establishment of sufficient fund balances. A mid-biennium review is undertaken during the second year of the biennium in which any changes to the initial estimates of revenues and expenditures are to be reviewed. Such changes will be presented by the Mayor and discussed by the City Council. Any agreed upon changes shall be approved with an ordinance adopting changes to the biennial budget. After the preliminary budget document is prepared, the City Council spends approximately one month reviewing it. Public meetings are held to gather public input. When the budget review and final adjustment period is complete a balanced budget as required by state law is adopted by ordinance. After adoption, periodic budget adjustments that affect total fund expenditures are made as approved by City Council, but a final budget adjustment ordinance covering all approved changes is adopted at year end or the beginning of the next biennium. This page intentionally left blank. FINANCIAL POLICIES FINANCIAL STABILITY POLICIES General Fund Reserves—The target for the General Fund Contingency Reserve is 10% of the General Fund budgeted expenditures or an amount that will maintain sufficient cash flow, whichever is greater. The policy is designed to provide a fiscal cushion and meet seasonal cash flow shortfalls. If the General fund reserve goes below 10%, based on the ending fund balance on December 31 of each year, the City shall take steps to rebuild the reserve within the next fiscal year. Strategic Opportunities Fund —The City shall annually transfer any amount in excess of the 10% General Fund Contingency Reserve in the General Fund to this fund, after first funding the Contingency for Unanticipated Costs. This fund will act as if it is a permanent fund except that it may be used to take advantage of investment opportunities that may arise .. AsTo the extent , this fund _"a" GAIY be 61t I Zed Lhen the first a roved b City Council. In the event any of this funds used inlanfeco omit dovvnt is pp y y y wnturn to stabilize city finances, such appropriation shall be repaid to the fund annually over the next three years. Capital Reserve Fund — The City shall annually budget a minimum of $250,000 into a reserve for the general capital needs of the City. Such fund may be used for unanticipated capital needs typically resulting from a natural disaster. This fund is designated to act as a stabilization fund for general capital and may, with a specific appropriation by City Council, be used for investment in revenue producing capital projectsr This fund shall be enumerated in the budget and accrue each year. Contingency for Unanticipated Costs—The City will annually budget no less than $500,000 in the General fund for unanticipated costs. This amount, if unused, will be transferred in to a project account until the amount reaches a maximum of$1,500,000. If the fund or any portion of it is used, the City shall restore the balance to its$1,500,000 within three years. Maintenance and Operational Planning — Maintenance of current assets shall take priority over new capital projects whenever possible. The City Council shall ensure that there are stable sources of revenue to fund ongoing maintenance of capital assets. Before any new capital asset is approved, staff shall present an estimate of the life cycle and maintenance cost. Such costs shall be included in the budgets for the following years. The City Council shall not approve of new capital projects unless there is funding for the ongoing maintenance of the asset. The City shall maintain an inventory of all City assets and costs of maintenance of those assets. Total Governmental Funds Reserves — As an aspirational coal, the City shall maintain a� Formatted:Font:Bold total governmental fund balance of twice the greatest volatility in year over year changes in Formatted:Indent:Left: 0.12" total revenues or$30 million, whichever is greater. DEBT POLICIES Projects Funded by Bonds—The use of long-term debt shall be minimized. The City should issue debt only for major capital projects. Debt should only be authorized for projects where the life of the asset constructed or acquired exceeds the life of the debt. Debt Service—To ensure that the City always meets all of their debt obligations, payments on outstanding debt shall be the highest priority before payment for other capital expenditures. Interfund Borrowing - The City will use interfund borrowing where such borrowing is cost effective to both the borrowing and the lending fund, and the funds will not be needed by the loaning fund during the term of the loan. Such borrowing shall implement Council directed policy in a simplified manner, such as borrowing associated with interim financing for local improvement district projects. A repayment plan should be approved along with the loan. The Mayor may approve loans for a term of one year. The Council must approve loans with terms longer than one year. BIDS This page intentionally left blank. REPORTS FROM STAFF, COUNCIL COMMITTEES, AND SPECIAL COMMITTEES A. Council President B. Mayor C. Administration D. Economic & Community Development E. Operations F. Parks & Human Services G. Public Safety H. Public Works I. Regional Fire Authority J. Other K. Other This page intentionally left blank. EXECUTIVE SESSION ACTION AFTER EXECUTIVE SESSION This page intentionally left blank. CITY OF KENT City Council Meeting Agenda I�� mt U r rt r m February 4, 2014 Mayor Suzette Cooke Darla Ralph, Council President Couneilr embers Jim Berrios Bill Boyce Dennis Higgins Deborah Ranniger Les Thomas s we CIFY CLERK y � This page intentionally left blank. KENT CITY COUNCIL AGENDAS KENT February 4, 2014 w s v ro Council Chambers Mayor Suzette Cooke Council President Dana Ralph Councilmember Jim Berrios Councilmember Bill Boyce Councilmember Dennis Higgins Councilmember Deborah Ranniger Councilmember Les Thomas ********************************************************************* SPECIAL COUNCIL WORKSHOP AGENDA 5:00 P.M. Subiect Speaker Time 2014 Top Departmental Issues Tom Brubaker 90 min COUNCIL MEETING AGENDA 7:00 p.m. 1. CALL TO ORDER/FLAG SALUTE 2. ROLL CALL 3. CHANGES TO AGENDA A. FROM COUNCIL, ADMINISTRATION, OR STAFF B. FROM THE PUBLIC — Citizens may request that an item be added to the agenda at this time. Please stand or raise your hand to be recognized by the Mayor. 4. PUBLIC COMMUNICATIONS A. Public Recognition B. Community Events C. Introduction of new Arts Commission Appointee, Lynn Bohart D. Introduction of new Land Use and Planning Board Appointee, Katherine Jones and Re-Appointee, Barbara Phillips E. Intergovernmental Reports 5. PUBLIC HEARINGS 6. PUBLIC COMMENT 7. CONSENT CALENDAR A. Minutes of Previous Meetings and Workshop — Approve B. Payment of Bills — Approve C. Appointment to Arts Commission — Confirm D. Appointments to Land Use and Planning Board - Confirm (Continued) COUNCIL MEETING AGENDA CONTINUED E. Refunding 2004 Limited Tax General Obligation Bond Ordinance — Adopt F. Budget Certification for Annexation Sales Tax Credit Resolution — Adopt G. Emergency Guardrail Repair Service Contract with Peterson Brothers, Inc. — Authorize H. 2013 Crack Sealing Project Completion — Accept I. Oakleigh I & II Bill of Sale- Accept 8. OTHER BUSINESS A. Financial policy Resolution - Adopt 9. BIDS 10. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES 11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION 12. ADJOURNMENT NOTE: A copy of the full agenda packet is available for perusal in the City Clerk's Office. The Agenda Summary page and complete packet are on the City of Kent web site at www.KentWa.gov An explanation of the agenda format is given on the back of this page. Any person requiring a disability accommodation should contact the City Clerk's Office in advance at (253) 856-5725. For TDD relay service call the Washington Telecommunications Relay Service at 1-800-833-6388. co m 0 n n < `< s a �. m m n M a s C co G ° j d vmi ° n' O d • � o ooi` 3a m m '^. a a m nm a no 0 a M d my m m mQ d O V,1 Z '-J' N W � m � 4j °'0 � � d 0 tt. nn Vl JO � Op_� am CO n m Q T` m T. 01 m a a � a ,01. � m °' s S • 0 m m m C m 0 ° S ° A. - O `G m m d 4 0 rt m J o m o _. rt < n m m o rt n m c m n n 4 rt M O �; a J J O _0 m '< d n • N m < O N R J p C ] N N C N O (l n -T` o m a < o rt m M. w, Ul m 01 m � n m m o m a m d a � a s a a m a 0 o N J � lIi J m n 7 N 7 G n m y F+ (7 In p� UI rt m N Dm O GG Q 0 n rt D O n Z V � 'O O m O Ul m N n OJ d N m O m OO CH W U N w m O J C O tt a 1 7 N • J 3 N ti n m n 0 G �Ip � v m c �• m U4 M m 2 V m O O � m 3 0 v 3 0 v i m a m 3 m O v 3 d O n s o o D o o m m a o o n ° D - o m s D D s m s m a cP m J Q m Q 3 o m a Q d m 3 ( 0 m o C rt 3 3 m 3 a C O a C1°. m W = d rt m a ° m0 aQ ° H am � 3 0aJnm33J '^ mnnZ � 01Jn mMC G 1 m J -n n n �' um n M -° a < m 1 n 01 m Q s 0 1 s :� 3 m n 1 D m a 01 0 1 m m m m m O r -°o m m m J = N m o = • � , d oJ • RD � QJ = a. xm art. =. 3 ' � S � 33n . m'< o � m a O !^. am ''�. -a Sn � � � c w � � N m m � � D aQo m3 0 � � a � m n � 6� m � � m � M v. o moms aJ � D ns ' � � mumJ � m ; .°o3 � C mn � rtn 03 m N S = 3 ``G J C m Z 3 m N N O n m ° O O N Z n °' 3 a 3 om W W C °� O S N vmi S O O 3 (' -M O m m m m C O d 1 O J n H Y Y j n m d m W d ° O -° d m 1D a 3 n o n s m m m a °- mG r .. d n 1° D aim -oo ,'� 37 Z; n n � nW m1mD ° " 3 � s � n ^ ON moon ° ° J °' Cm a - 3 m G a (D m 3 a 3 - m 3 , C 3 a - J 3 a (DC d J Q m ° � n m C m m _ 0 7 _ 3 3 C y 'm Ammo 3 0 o 'n a °- ,J'.o o_ D rt a m m S (D m m o m Q m m n � o m m _ oO M a m �O m e m c v m . O W'�° C 0 0 � 0 'a�' On � ^ 3 m J M m M 'm a a n n n P 3 m a ? m C a ? d c D D m: • 'm^ j 3m .. m � ' � 3Commn omm � ort3 m, sn m S J o d an (D J3 o3 m 3 a ° 0 o < d O d av - - 0m m -mo • y an d �a n o n � � a o J- n � '" 1° m m m m 3 I -O an d N d m m C O C W ` ``m n O " J m J d J N N m tt. o m U m m mo o o m d zo 0 a Ooa s O N m .r 30 O J N Jn m o n o ? DO a n C a m O J _. N M M c O C N S y n J m .� N S m 0 C n O O O_ J a m 10 _. N S m N .� - O This page intentionally left blank. CHANGES TO THE AGENDA Citizens wishing to address the Council will, at this time, make known the subject of interest, so all may be properly heard. A) From Council, Administration, or Staff B) From the Public This page intentionally left blank. PUBLIC COMMUNICATIONS A) Public Recognition B) Community Events C) Introduction of new Arts Commission Appointee, Lynn Bohart D) Introduction of new Land Use and Planning Board Appointee, Katherine Jones and Re-Appointee, Barbara Phillips E) Intergovernmental Reports This page intentionally left blank. PUBLIC HEARING This page intentionally left blank. PUBLIC COMMENT This page intentionally left blank. Agenda Item: Consent Calendar 7A - 7B CONSENT CALENDAR 7. City Council Action: Councilmember moves, Councilmember seconds to approve Consent Calendar Items A through E. Discussion Action 7A. Approval of Minutes. Approval of the minutes of the workshop and regular Council meeting of December 10, 2013. 7B. Approval of Bills. Approval of payment of the bills received through November 30 and paid on November 30 after auditing by the Operations Committee on January 21, 2014. Approval of checks issued for vouchers: Date Check Numbers Amount 11/30/13 Wire Transfers 5684-5694 $1,148,142.13 11/30/13 Regular Checks 678482-678852 $3,165,660.16 Void Checks ($104.90) 11/30/13 Use Tax Payable $1 290.72 $4,314,988.11 Approval of payment of the bills received through December 15 and paid on December 15 after auditing by the Operations Committee on January 21, 2014. Approval of checks issued for vouchers: Date Check Numbers Amount 12/15/13 Wire Transfers 5695-5714 $2,044,626.90 12/15/13 Regular Checks 678853-679223 $2,045,487.95 Void Checks ($0.00) 12/15/13 Use Tax Payable $1 414.29 $4,091,529.14 Approval of payment of the bills received through December 31 and paid on December 31 after auditing by the Operations Committee on January 21, 2014. Approval of checks issued for vouchers: Date Check Numbers Amount 12/31/13 Wire Transfers 5715-5727 $1,375,632.00 12/31/13 Regular Checks 679224-679539 $3,099,891.45 Void Checks ($675.00) 12/31/13 Use Tax Payable $162.74 $4,475,011.19 Approval of checks issued for payroll for November 16 through November 30 and paid on December 5, 2013: Date Check Numbers Amount 12/5/2013 Checks 333708-333824 $ 91,543.70 Voids and Reissues 12/5/2013 Advices 322206-322830 1,569,071.57 $1,660,615.27 Approval of checks issued for payroll for December 1 through December 15 and paid on December 20, 2013: Date Check Numbers Amount 12/20/2013 Checks 333825-333949 $ 77,667.53 Voids and Reissues 12/20/2013 Advices 322831-323460 1,299,170.40 $1,376,837.93 Approval of checks issued for payroll for December 16 through December 31 and paid on January 3, 2014: Date Check Numbers Amount 1/3/2014 Checks 333950-334083 $ 66,870.91 Voids and Reissues 1/3/2014 Advices 323461-324081 1,251,884.88 $1,318,755.79 11 � KENT Kent City Council Workshop January 21, 2014 The meeting was called to order at 5:30 p.m. by Council President Ralph. Councilmembers present: Ralph, Berrios, Higgins, Ranniger, and Thomas Council President Ralph discussed the application process for the Council vacancy. She highlighted how to apply and verified that the Council would review applications at a special meeting on February 11, 2014 at 6:00 p.m. Council Retreat Dates — Council President Ralph communicated that the Council Retreat would be March 21 and 22 at the Green River Community College. Councilmember Ranniger suggested an email be sent to Councilmembers. IS 402 Training - Dominic Marzano, Emergency Management Director discussed IS- 402. He communicated that it is a class for executives and senior officials (policy makers) and trains them how to better manage events and make policy decisions. He noted that best practices will also be communicated in the class. He noted that the class is for South King County officials and urged Council participation in the class. He also communicated that he will be speaking to MLT next Monday concerning a class for them because of some new equipment in the emergency communication center (ECC). Councilmember Higgins verified that the training is February 12 from 6:00 p.m. to 8:00 p.m. Marzano also suggested that the Mayor bring the Acting City Attorney to the class to go over policy decisions. Council President Ralph communicated that she felt this would be a good opportunity for the Council. She said there is a lot involved and this is a detailed process. She noted that at the South County Area Transportation Board meeting there was a discussion about what cities have set up in case of an oil spill because of the increase of oil tanker ships in the Puget Sound. Marzano confirmed that the City does have a plan set up. B&O Tax Amendments — Robert Nachlinger, Finance Director discussed the preliminary amendments to the B&O tax ordinance. He communicated that it was adopted a little over a year ago and the City has received about three quarters of the projected revenues. He noted that there is an inconsistency between local codes and that has caused confusion to firms who have to file B&O in numerous cities. He reviewed Bellevue, Seattle, and Tacoma's exemptions and said staff proposes to exempt all 501(c) organizations to include homeowner associations, unions, fraternal organizations, and others who are not engaging in retail activities. Councilmember Higgins verified that there are a couple of organizations that are 501(c) status that engage in retail sales such as Goodwill and Children's Hospital. Kent City Council Workshop Minutes January 21, 2014 Councilmember Ranniger inquired about the financial impact and Nachlinger replied that it would be about $25,000 per year. Nachlinger continued and discussed filing status and frequency. He noted that having all firms file quarterly this first year has provided the City with data. Almost 1,600 firms have paid and 36 percent of them (576) have paid over $1,000 quarterly and this, he noted makes up 92 percent of the total tax revenues collected. He continued and said 64 percent have paid less than $1,000 and less than 8 percent of the total revenues collected. He suggested that the firms who have paid less than $1,000 be reverted to annual collections based on these numbers. Discussion continued on how they would be reverted to annual collections and Nachlinger communicated that the Finance Department could send them a letter communicating this. He also stated that the staff did not recommend having a "non- filing status" so the City could continue to maintain information concerning businesses. Councilmember Higgins verified that only Bellevue and Tacoma have a non-filing option and Nachlinger communicated their amounts. Councilmember Higgins discussed the administrative expenditures concerning the B&O tax. Councilmember Berrios verified the department was down an auditor. He also confirmed with Nachlinger that they haven't gotten the data concerning most of the seasonal firms. However, the data should come in February or March. Council President Ralph verified with Brubaker that an ordinance would be drafted and brought to Council for adoption. Council President Ralph stated she is comfortable with this and agreed with the process of letting businesses know they have been moved to an annual filing status. Councilmember Thomas suggested the ordinance be retroactive and if they have paid this past year they have their funds refunded and not penalized. Fitzpatrick communicated that his staff will look into doing that. Councilmember Berrios communicated that the process needs to be fair and accountable. He said the policy needs to be consistent and take into account who paid and who didn't based on the legislation the Council passed. Council President Ralph stated that it seems best to stay the course and make revisions at the end of the year. Nachlinger stated that there are 145 3PLs and based on the amount of revenues generated from their B&O tax compared to their square footage tax returns, the square footage tax amount was 3.5 times their B&O tax amount. He stated that the B&O is working exactly as it was intended to. He communicated that there is an argument concerning companies that don't do many deliveries into Kent, but they are 2 Kent City Council Workshop Minutes January 21, 2014 making more money than what is being reported. He stated that the tax is designed to get some mitigation from companies that destroy the cities roads. Councilmember Higgins inquired about the federal research and development funds and Nachlinger communicated that since the City gave an exemption he wasn't sure how much it was for. Councilmember Berrios stated that the Chamber discussed that with Boeing and they didn't know what the number was either. Council President Ralph verified that they weren't required to report those federal funds to the City. Mayor Cooke clarified that the 3PLs aren't seeking an exemption, but a reduced rate due to the square footage tax compared to their gross revenues that would be with the B&O tax. She communicated that if the Council decides that they don't want 3PLs the businesses can easily go to local cities. She recommended the Council look at the entire picture and realize that the surface isn't equal. Councilmember Higgins stated these businesses are creating truck traffic so the B&O tax makes sense. He also added that the other tax seems appropriate, too. Councilmember Thomas communicated that he would like to remain competetive and verified with the Mayor that there are ten 3PL companies. Additionally, the Mayor added that she wasn't sure how much of the product they are storing is from local businesses. Councilmember Ranniger stated that there have been challenges with the streamline sales tax for a while now. She stated the other policy question is whether to rezone the area to retail. She said that if the City discourages these types of businesses because of the B&O tax, the City needs to prepare to decide what it wants to see in those properties. Council President Ralph questioned if the conversation should be left open or have these amendments brought forward. Councilmember Ranniger stated she would like to see the 501(c) exemption be brought forward and continued discussion on the 3PLs. Councilmember Berrios confirmed that there were ten CPLs and added that the City needs to attract and keep current businesses here. He stated he wasn't sure of the details with the 3PLs. However, he questioned if the City should allow current businesses to grow in their current space and investigate exemptions to these businesses. He suggested investigating if the City is collecting the proper amounts from these businesses. Nachlinger verified that they are looking for reductions in their rates, not exemptions. 3 Kent City Council Workshop Minutes January 21, 2014 Mayor Cooke verified with Council President Ralph that this item should go to the Economic and Community Development Committee. Council President Ralph communicated that there is consensus to move the 501(c) revisions to the Operations Committee. Councilmember Higgins discussed the Sound Transit proposal for gas taxes which would end up being $3.1 million to the City of Kent for transportation. Councilmember Thomas communicated that he is against the item. Council President Ralph communicated that the King County Council is discussing two different packages and need to decide before March 7 whether or not to go to a ballot measure. She added that they are also discussing bus fare increases. Councilmember Higgins communicated that he felt the item is likely to pass county wide and $3.1 million would be good for closing the gap in transportation maintenance. Council President Ralph communicated that Thomas is against, Higgins is in favor, Ranniger is neutral, and Berrios wants more information. She concluded that she will communicate to the South County Area Transportation Board that the Kent City Council is neutral on this item. Councilmember Thomas communicated that a sixty dollar increase in tabs invites Eyman to create something worse. Councilmember Higgins agreed, but noted that Eyman wants these to come to a vote of the people. Council President Ralph communicated that it technically isn't sixty dollars, the current twenty dollar vehicle registration tax would drop off and be sixty dollars, thus forty dollars more. She also informed the Council to discuss this item with Councilmember Boyce. Brubaker noted that this is Nachlinger's last Council workshop and is leaving the City in very good shape and thanked him for his service to the City of Kent. Nachlinger stated that he is looking forward to his retirement. The meeting adjourned at 6:15 p.m. Ronald F. Moore, MMC City Clerk 4 KENT Kent City Council Meeting January 21, 2014 The regular meeting of the Kent City Council was called to order at 7:01 p.m. by Mayor Cooke. Councilmembers present: Higgins, Berrios, Boyce, Ralph, Ranniger, and Thomas. CHANGES TO THE AGENDA A. From Council, Administration, Staff - Brubaker communicated that the item in front of the Councilmembers' dias was the attachment to the Transportation Improvement Board grant. B. From the Public - None. PUBLIC COMMUNICATIONS A. Oath of office, Councilmember Jim Berrios - City Clerk Ronald F. Moore swore in Jim Berrios as Councilmember Position No. 2. B. Public Recognition 1. Kent Parks Foundation Donation - Jeff Watling, Parks and Recreation Director introduced Mark Prothero, President of the Kent Parks Foundation who presented the city of Kent with a check for $9,532.57. Prothero also discussed the "Kent Dancing with the Stars" and communicated that the event raised $13,846.15. Mayor Cooke thanked Prothero and verified that people who wanted to get in donating or raising funds for Kent's recreation program could speak to Sandy Pedersen. 2. Award for Men's "E" Western National ASA Softball Tournament to the City of Kent - Jeff Watling, Parks and Recration Director introduced Mike Raven from the Amateur Sports Association (ASA). Raven thanked the Kent City staff and presented the James Ferrell Award to Mayor Cooke and the city of Kent. Mayor Cooke thanked Raven and the city of Kent Parks staff. C. Community Events - Mayor Cooke announced that the "You-Me-We" event is this Friday at the ShoWare Center, January 24 at 6:00 p.m. She encouraged the public to attend the free event. Mayor Cooke also noted that her "State of the City Address" wil be at the ShoWare Center during the Chamber of Commerce Luncheon on February 5 at 12 noon. She also added that it will be online and on the City's cable station. D. Introduction of new Arts Commission Appointee, Jennifer Treese - Mayor Cooke communicated that she interviewed her for the position. Kent City Council Meeting Minutes January 21, 2014 Treese communicated that she found the vacancy online and said she has been doing cultural things for over a decade now. She added that her employer is Blue Origin, a rocket company in Kent. E. Public Safety Report - Police Chief Ken Thomas discussed Mike Buckingham and his memorial service last Thursday. He discussed Buckingham's service to the City and people. He noted that he lost his battle with cancer on January 2, 2014. Council President Ralph discussed Buckingham and her son's experience with him. She stated that she was fortunate enough to meet him and work with him the last couple of years. She said he has had a tremendous impact on the City and will truly be missed. Thomas discussed the year end report. He noted that commercial burglary is unchanged and there has been a 21 percent reduction in residential burglaries from 2012 to present. He noted that robbery is down 13 percent. He noted that vehicle theft is only up 2 percent compared to the rampant vehicle theft rate in King County. Thomas presented Christin Jordan with the Police Chiefs Award of Accomodation. He communicated that Jordan was instrumental in a stolen car recovery and preventing a residential burglary. Thomas presented Shanelle Mozique with the Police Chief's Award of Accomodation. He explained that Mozique, while in the middle of a home invasion, called the police department during the robbery. He noted that the police successfully caught two of the three suspects. Thomas presented Officer Whisteric and Officer Nixon with the Police Department Lifesaving Medal for saving the life of Lewis Drake. Drake submitted a letter to the Police Chief, which he read. Thomas communicated that the City is in the top ten of all cities with a population of 250,000 or less for their efforts with National Night Out, which is run by Sarah Wood. Sarah Wood communicated that the event will be on August 10, 2014 this year. Thomas introduced four new officers, Siitupe Coffin, Kamal Sharif, Andrew Richardson, and Brittany Rios. He discussed each of their backgrounds, work experience, and education. Mayor Cooke swore in the four officers. Thomas introduced newly hired Corrections Officer Ian Lentz and Records Specialists Julie Farris, Ashley Orlowski, Christy Roeber, and Crystal Sundquist. He highlighted their work history and gave a brief backgound of their education and personal lives. Thomas presented a Chief's Award of Accomodation to Councilmember Berrios for performing CPR on a patient who suffered a medical emergency. Mayor Cooke presented Chief Ken Thomas with his city of Kent 25 year service plaque. 2 Kent City Council Meeting Minutes January 21, 2014 F. Intergovernmental Reports - Council President Ralph communicated that the South County Area Transportation Board met concerning express toll lanes being added on Interstate 405 between Lynnwood and Bellevue and the addition of express toll lanes on Interstate 167. She said the Lynnwood connection is going on now is expected to open in 2016 and the 167 should be done a couple of years after that. She noted that the 405 project will feature a new definition of what a carpool is and they are suggesting three person carpools. Councilmember Higgins stated that he is serving on the Sound Cities Association Board of Directors and their board retreat is January 31. He said he is also serving on the King County Regional Transit Committee and has heard the proposal concerning funding transit. He stated that the King County Executive can't wait on legislature so they are going forward to create a Transportation Benefit District countywide which would mean the twenty dollar car tab going up to sixty dollars and a 0.1% sales tax. Sixty percent of the revenues would go to King County for Metro, saving 600,000 service hours, including five routes in Kent and the remaining 40 percent would go to cities. Councilmember Boyce noted that he represents the City on the board and received consensus from the Council to present a neutral vote on this item for the Kent City Council until the entire package is reviewed. He noted that the next meeting is February 12. Councilmember Thomas thanked Councilmember Berrios for his efforts in helping save a man's life on January 1st. He noted that it was discussed at the Regional Fire Authority meeting. PUBLIC HEARINGS None. PUBLIC COMMENT Mayor Cooke discussed the council seat vacancy and communicated that Council President Ralph will discuss the item under Other Business. 1. Pauline Barrett, Kent - Barrett discussed the possible development of a marijuana processing facility by her home. She communicated that the facility would be in the center of a large residential area with high school children in the neighborhood. She expressed concerns with security if this business is allowed to open. 2. Bill Doolittle, Kent - Doolittle communicated that when I-502 was adopted people wanted it legalized and taxed. He stated that Kent is going out of their way to prevent marijuana authorization and said he read that the City would be zoned to prevent it. He urged the City to work with the liquor board to get this implemented. He said marijuana is currently being sold, consumed, and created in the City of Kent. 3 Kent City Council Meeting Minutes January 21, 2014 3. Thomas L. Brice, Kent - Brice discussed the Par 3 golf course and the vision of the City. He said a committee has been formed by five residents and they have submitted suggestions and ideas of what could be done concerning the course. He noted that there is a debt and if you look at the books, the golf course isn't the problem. He suggested the course be closed in the winter. 4. Martin Plys, Kent - Plys communicated that there is a $1.9 million surplus. He said if there is a surplus it should be applied to the ShoWare Center and the golf course should be sold. Mayor Cooke verified that there isn't a surplus. Plys opposed having any marijuana facilities in Kent. CONSENT CALENDAR Council President Ralph moved to approve Consent Calendar Items A through P, seconded by Councilmember Thomas. A. Minutes of the workshop and regular Council meeting of January P 2014 - Approved B. Appointment to Arts Commission —The Council confirmed the appointment of Jennifer Treese to the Kent Arts Commission for a four year term ending October 31, 2017. C. King County Solid Waste Division Waste Reduction & Recycling Grant - Approved. - The Mayor was authorized to accept the Waste Reduction and Recycling Grant Contract in the amount of $89,835 for 2014, and amend the budget and authorize the expenditure of funds in accordance with the terms and conditions of the grant, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. D. Seattle-King County Health Department Local Hazardous Waste Management Program/Recycling Event Grant- Approved. The Mayor was authorized to accept the Local Hazardous Waste Management Program Contract in the amount of $32,278.87 for 2014, and amend the budget and authorize the expenditure of funds in accordance with the terms and conditions of the grant, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. E. Contract with Olympic Environmental for 2014 -15 Residential Recycling Collection Events- Approved. The Mayor was authorized to sign the Consultant Services Agreement with Olympic Environmental Resources for Waste Reduction and Recycling Activities and Programs for 2014 - 2015 in the amount of $185,551.00, subject to final terms and conditions acceptable to the City Attorney and the Public Works Director. F. SR 516 to S 2315t Way Levee North Reach Improvements, Change order No. 1- Approved. The Mayor was authorized to approve Change Order No. 1 to SCI 4 Kent City Council Meeting Minutes January 21, 2014 Infrastructure, LLC in an amount not to exceed $194,059.46 for unanticipated construction costs on the SR 516 to South 231st Way Levee, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. G. Central Avenue South Improvements Federal Grant- Accept. The Mayor was authorized to accept a Federal Grant in the amount of $300,000 for the design phase of the Central Avenue South Pavement Preservation Project, and amend the budget and authorize expenditure of the funds in accordance with the terms and conditions of the grant, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. H. Kent Interurban Trail Connector Proiect Grant — Accept. The Mayor was authorized to sign the grant agreement in the amount of $727,500 with the Washington State Department of Commerce for the Kent Interurban Trail Connector Project and amend the budget and authorize expenditure of the funds in accordance with the terms and conditions of the grant, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. I. South 224th Street Improvements, Phase 2 Transportation Improvement Board (TIB) Grant- Accept. The Mayor was authorized to accept a grant from the Washington State Transportation Improvement Board for Phase 2 of the South 224th Street Improvement Project and sign a letter to the TIB requesting to combine Phases 1 and 2 into one project, amend the budget and authorize expenditure of the funds in accordance with the terms and conditions of the grant, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. J. Washington Auto Theft Prevention Authority (WATPA) Patrol Task Force 2013 — 2015 Grant- Accept. The Mayor was authorized to accept the Washington Auto Theft Prevention Authority grant award in the amount of $74,983, authorize amending the budget and authorize expenditure of the funds in accordance with the terms and conditions of the grant, acceptable to the City Attorney and Police Chief. K. Ordinance Amending Kent City Code Chapter 9.02, Lewd Conduct — Adopt. The Council adopted Ordinance No. amending Chapter 9.02 by establishing crimes relating to lewd conduct, by amending sections relating to prostitution loitering and by adding new areas which fall within the scope of the stay out of areas of prostitution orders. L. 2012 Vehicle Detector Loops Proiect Completion — Accept. The Mayor was authorized to accept the 2012 Vehicle Detector Loops Project as complete and release retainage to Totem Electric of Tacoma, Inc., upon receipt of standard releases from the state and the release of any liens. M. 2013 Thermo Plastic Markings Proiect Completion - Accept. They Mayor was authorized to accept the 2013 Thermo Plastic Markings Project as complete and release retainage to Stripe Rite Inc., upon receipt of standard releases from the state and the release of any liens. 5 Kent City Council Meeting Minutes January 21, 2014 N. 2013 Vehicle Detector Loops Proiect Completion — Accept. The Mayor was authorized to accept the 2013 Vehicle Detector Loops Project as complete and release retainage to Totem Electric of Tacoma, Inc. upon receipt of standard releases from the state and the release of any liens. 0. Hawley Road Levee Improvements Phase I Proiect Completion — Accept. The Mayor was authorized to accept the Hawley Road Levee Improvements Phase I Project as complete and release retainage to SCI Infrastructure LLC, upon receipt of standard releases from the state and the release of any liens. P. Horseshoe Bend and Upper Russell Road Levee Planting Proiect Completion — Accept. The Mayor was authorized to accept the Horseshoe Bend and Upper Russell Road Levee Plantings Project as complete and release retainage to Restoration Logistics, upon receipt of standard releases from the state and the release of any liens. OTHER BUSINESS A. Council Position No. 6 - Appointment Process - Mayor Cooke introduced the item. Council President Ralph communicated the process and noted that the process will be posted on the City's website and a handout was given to those in attendance by City Clerk Moore. Councilmember Boyce inquired what would happen with current applications and Councilpresident Ralph communicated that she would communicate with anyone who has previously submitted an application and inform them of the current process. Councilmember Thomas inquired about the position and the process. Acting City Attorney Fitzpatrick noted that the appointment lasts until the November 2015 election is certified and whoever is elected at the general election will serve the rest of the term. 1. Anna Davis, Kent - Davis discussed the process and inquired if the candidate that also ran for the position in November could be considered and not have to reapply. Mayor Cooke replied that the candidate needs to submit an application and go through this process. She further explained the election process and said it is set up by state law and it is up to the Council to interview and selects a candidate. She further explained that it wasn't an option to have the runner-up in the November election considered. Council President Ralph also replied that this is the appointment process and that once the November election is certified it is over. She also communicated that this information will be on the website, channel 21, in the Kent Reporter, and announced at Neighborhood Council meetings, etc. BIDS 6 Kent City Council Meeting Minutes January 21, 2014 A. Briscoe-Desimone Levee Improvements, Reaches 2 and 3 - Tim LaPorte, Public Works Director introduced the levee improvements. He displayed the levee, why the improvements are needed, and what the improvements would entail. He communicated that there were ten excellent bids and has checked out the qualifications of the lowest bidder, Tapani, Inc. LaPorte explained to Mayor Cooke why this item wasn't heard at a committee, noting that a bid award doesn't go to committee, but straight to the Council. Councilmember Higgins moved to authorize the Mayor to award the bid for the Briscoe-Desimone Levee Improvements Reaches 2 and 3 project to Tapani, Inc., in the amount of $6,709,555.56 and authorize the Mayor to sign all necessary documents, subject to the final terms and conditions acceptable to the City Attorney and Public Works Director, seconded by Council President Ralph. Motion carried 6-0. LaPorte communicated that King County Flood District wants a groundbreaking ceremony for this levee improvement this spring. Mayor Cooke agreed and communicated that the City should also look at what park element should be added to the south. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES A. Council President. Ralph stated that the B&O tax was discussed in the workshop meeting and that the Council decided to hold off on any amendments to it at this time. She stated that there will be a 501(c) item exemption going forth as a draft to the Operations Committee and an item concerning 3PLs going to the Economic and Community Development Committee at a later date. B. Mayor. No report. C. Administration. No report. No executive session tonight. D. Economic & Community Development Committee. Councilmember Boyce communicated that the next meeting is February 10. E. Operations Committee. No report. F. Parks and Human Services Committee. No report. G. Public Safety Committee. No report. H. Public Works Committee. Councilmember Higgins communicated that the meeting yesterday was postponed and the next meetig is January 27. I. Regional Fire Authority. Councilmember Thomas communicated that he stepped down as chair and Mike Denfro is the chair and Higgins is the deputy chair. EXECUTIVE SESSION ACTION AFTER EXECUTIVE SESSION 7 Kent City Council Meeting Minutes January 21, 2014 No executive session was held. ADJOURNMENT The meeting adjourned at 8:38 p.m. Ronald F. Moore, MMC City Clerk 8 40. KF14 Agenda Item: Consent — 7C TO: City Council DATE: February 4, 2014 SUBJECT: Appointment to Kent Arts Commission — Confirm MOTION: Confirm the Mayor's appointment of Lynn Bohart to the Kent Arts Commission. SUMMARY: Confirm the appointment of Lynn Bohart to the Kent Arts Commission for a four year term ending October 31, 2017. Lynn Bohart submitted an application for appointment to the Kent Arts Commission to fill a vacant four year term. Lynn is Executive Director of the Renton Community Foundation and remains an avid supporter of the arts. Lynn's belief is that a vibrant arts community speaks to the soul of a city. Lynn holds a Master's Degree in theater and has worked in Community Theater over the years. She is a published mystery writer on Amazon.com, teaches writing through the Kent Parks Department and Green River Community College's Continuing Education program. She has served on the Lane County Arts Council Board while living in Oregon and has served on the Vancouver Arts Commission before moving to Kent. Lynn's commitment to the Kent community and her active role in the arts makes her an exceptional candidate for the Kent Arts Commission, and I am pleased to recommend Lynn Bohart for your confirmation. RECOMMENDED BY: Mayor Suzette Cooke BUDGET IMPACTS: None This page intentionally left blank. KENT ° Agenda Item: Consent — 7D TO: City Council DATE: February 4, 2014 SUBJECT: Appointments to Land Use and Planning Board — Confirm MOTION: Confirm the Mayor's appointment of Katherine Jones and re- appointment of Barbara Phillips to the Land Use & Planning Board. SUMMARY: Confirm the appointment of Katherine Jones and re-appointment of Barbara Phillips to the Land Use & Planning Board each for a three year term ending December 31, 2016. Katherine Jones made application for appointment to the Land Use & Planning Board for a three-year term. Kathi, a Realtor with John L. Scott, lives in The Lakes community, and feels her service on the LUPB will assist in promoting a healthier and improved environment for all Kent citizens. Kathi's work as a realtor gives her an understanding of the Smart Growth principles involving citizens, public officials and stakeholders working together to plan ahead for development. Kathy has attended many LUPB meetings and city council meetings in an effort to stay abreast of issues confronting our community. She was an interested participant in the Midway Project, the Cottage Housing Project, and is head of The Lakes Neighborhood Council Kathi's commitment to the Kent community makes her an ideal candidate for the Land Use & Planning Board, and I am pleased to recommend Kathi Jones for your confirmation. Barbara Phillips was first appointed to the Land Use & Planning Board in November, 2007, expressing her desire to be an integral part of the City's development and future prosperity. Her reappointment will begin her third term which will expire on December 31, 2016. Barbara has lived in Kent for over 20 years and currently is President of the Community Network Council which works to connect youth with resources that will help them become successful. I am pleased to recommend re-appointment of Barbara Phillips to the LUPB. RECOMMENDED BY: Mayor Suzette Cooke BUDGET IMPACTS: None This page intentionally left blank. • Nl- KENT Agenda Item: Consent- 7E TO: City Council DATE: February 4, 2014 SUBJECT: Refunding 2004 Limited Tax General Obligation Bond Ordinance - Adopt MOTION: Move to adopt Ordinance No. , approving the refunding of the 2004 Limited Tax General Obligation bonds. SUMMARY: The 2004 LTGO bonds are callable at par on June 1, 2014 and may be called 90 days in advance of the call date. This transaction would save an estimated $700,000 over the eight year life of the bonds by issuing refunding bonds at a lower interest rate. The existing bonds would be retired as of June 1 and defeased. EXHIBITS: Ordinance RECOMMENDED BY: Operations Committee YEA: Thomas - Ralph - Boyce (post meeting) NAY: BUDGET IMPACTS: This transaction would reduce the debt service cost paid by the Capital Improvements Fund by approximately $87,500 annually over the next eight years. This page intentionally left blank. ORDINANCE NO. AN ORDINANCE OF THE CITY OF KENT, WASHINGTON, PROVIDING FOR THE ISSUANCE OF LIMITED TAX GENERAL OBLIGATION REFUNDING BONDS OF THE CITY IN THE AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $14,000,000 TO REFUND CERTAIN OUTSTANDING LIMITED TAX GENERAL OBLIGATION BONDS AND TO PAY COSTS OF ISSUING THE BONDS; PROVIDING THE FORM AND TERMS OF THE BONDS; AND DELEGATING THE AUTHORITY TO APPROVE THE FINAL TERMS OF THE BONDS. PASSED: FEBRUARY 4, 2014 PREPARED BY: PACIFICA LAW GROUP LLP Seattle, Washington CITY OF KENT ORDINANCE NO. TABLE OF CONTENTS* Page SECTION 1. - Definitions and Interpretation of Terms 2 SECTION 2. - Authorization of Bonds and Bond Details 8 SECTION 3. - Registration, Exchange and Payments 9 SECTION 4. - Redemption Prior to Maturity and Purchase of Bonds 15 SECTION 5. - Form of Bonds 20 SECTION 6. - Execution of Bonds 22 SECTION 7. - Refunding Plan; Application of Bond Proceeds 23 SECTION 8. - Tax Covenants 26 SECTION 9. - Bond Fund and Provision for Tax Levy Payments 29 SECTION 10. - Defeasance 30 SECTION 11. - Sale of Bonds 31 SECTION 12. - Undertaking to Provide Ongoing Disclosure 33 SECTION 13. - Lost, Stolen or Destroyed Bonds 38 SECTION 14. - Severability; Ratification 38 SECTION 15. - Effective Date of Ordinance 40 * This Table of Contents is provided for convenience only and is not a part of this ordinance. -1- 01/14/14 CITY OF KENT, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF KENT, WASHINGTON, PROVIDING FOR THE ISSUANCE OF LIMITED TAX GENERAL OBLIGATION REFUNDING BONDS OF THE CITY IN THE AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $14,000,000 TO REFUND CERTAIN OUTSTANDING LIMITED TAX GENERAL OBLIGATION BONDS AND TO PAY COSTS OF ISSUING THE BONDS; PROVIDING THE FORM AND TERMS OF THE BONDS; AND DELEGATING THE AUTHORITY TO APPROVE THE FINAL TERMS OF THE BONDS. A. The City of Kent, Washington (the "City") has outstanding its Limited Tax General Obligation Refunding Bonds, 2004, issued pursuant to Ordinance No. 3682 adopted by the City Council (the "Council") of the City on March 16, 2004 (the "2004 Bond Ordinance"), which remain outstanding as follows: Maturity Date (December 1) Principal Amount Interest Rate 2014 $ 1,875,000 5.000% 2015 1,750,000 5.250 2016 1,625,000 5.250 2017 1,445,000 5.250 2018 1,265,000 5.250 2019 1,280,000 4.000 2020 2,030,000 4.000 2021 1,325,000 4.125 (the "2004 Bonds"); and B. The 2004 Bond Ordinance provides that the City may call the 2004 Bonds maturing on or after December 1, 2014 (the "Refunding Candidates") for redemption on or after June 1, 2014, in whole or in part at any time, at a price of par plus accrued interest, if any, to the date of redemption; and C. After due consideration it appears to the Council that all or a portion of the Refunding Candidates may be defeased and refunded by the proceeds of limited tax general obligation refunding bonds at a savings to the City and its taxpayers; and D. The Council deems it in the best interest of the City to issue limited tax general obligation refunding bonds in the aggregate principal amount of not to exceed $14,000,000 (the "Bonds") to redeem and defease all or a portion of the Refunding Candidates and to pay costs of issuing the Bonds; and E. The Council wishes to delegate authority to the Mayor (the "Designated Representative"), for a limited time, to approve the interest rates, maturity dates, redemption terms and principal maturities for the Bonds within the parameters set by this ordinance; and F. The City expects to receive a proposal from KeyBanc Capital Markets Inc. (the "Underwriter") and now desires to issue and sell the Bonds to the Underwriter as set forth herein; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DO ORDAIN as follows: SECTION 1. - Definitions and Interpretation of Terms. (a) Definitions. As used in this ordinance, the following words shall have the following meanings: -2- Limited Tax General Obligation Refunding Bonds, 2014 Acquired Obligations means the Government Obligations acquired by the City under the terms of this ordinance and the Escrow Deposit Agreement to effect the defeasance and refunding of the Refunded Bonds. Beneficial Owner means any person that has or shares the power, directly or indirectly, to make investment decisions concerning ownership of any Bonds (including persons holding Bonds through nominees, depositories or other intermediaries). Bond Fund means the "City of Kent Limited Tax General Obligation Bond Debt Service Fund, 2014" authorized to be created pursuant to Section 9. Bond Purchase Contract means the contract for the purchase of the Bonds between the Underwriter and the City, executed pursuant to Section 11. Bond Register means the registration books showing the name, address and tax identification number of each Registered Owner of the Bonds, maintained pursuant to Section 149(a) of the Code. Bond Registrar means, initially, the fiscal agency of the State of Washington, for the purposes of registering and authenticating the Bonds, maintaining the Bond Register, effecting transfer of ownership of the Bonds and paying interest on and principal of the Bonds. Bond Year means each one-year period that ends on the date selected by the City. The first and last Bond Years may be short periods. If no date is selected by the City before the earlier of the final maturity date of Bonds or the date that is five years after the date of issuance of -3- Limited Tax General Obligation Refunding Bonds, 2014 any Bonds, Bond Years end on each anniversary of the date of issue and on the final maturity date of such Bonds. Bonds mean the not to exceed $14,000,000 aggregate principal amount of City of Kent, Washington, Limited Tax General Obligation Refunding Bonds, 2014, authorized to be issued pursuant to this ordinance. Call Date means June 1, 2014. Chief Administrative Officer means the Chief Administrative Officer or Interim Chief Administrative Officer of the City or the successor to such officer. City means the City of Kent, Washington, a municipal corporation duly organized and existing under and by virtue of the Constitution and laws of the State of Washington. Code means the Internal Revenue Code of 1986, as amended, and shall include all applicable regulations and rulings relating thereto. Commission means the Securities and Exchange Commission. Council or City Council means the legislative body of the City as duly and regularly constituted from time to time. Designated Representative means the Mayor, or his or her designee. DTC means The Depository Trust Company, New York, New York, a limited purpose trust company organized under the laws of the State of New York, as depository for the Bonds pursuant to Section 3. -4- Limited Tax General Obligation Refunding Bonds, 2014 Escrow Agent means U.S. Bank National Association, Seattle, Washington. Escrow Deposit Agreement means the Escrow Deposit Agreement between the City and the Escrow Agent to be dated as of the date of closing of the Bonds and substantially in the form on file with the City. Federal Tax Certificate means the certificate executed by the Finance Director setting forth the requirements of the Code for maintaining the tax exemption of interest on the Bonds, and attachments thereto. Finance Director means the Finance Director of the City or the successor to such officer. Financial Advisor means Piper ]affray & Co., or its successors. Government Obligations mean those obligations now or hereafter defined as such in chapter 39.53 RCW. Letter of Representations means the blanket issuer letter of representations from the City to DTC. MSRB means the Municipal Securities Rulemaking Board or any successors to its functions. Net Proceeds, when used with reference to the Bonds, means the principal amount of such Bonds, plus accrued interest and original issue premium, if any, and less original issue discount, if any. Private Person means any natural person engaged in a trade or business or any trust, estate, partnership, association, company or corporation. -5- Limited Tax General Obligation Refunding Bonds, 2014 Private Person Use means the use of property in a trade or business by a Private Person if such use is other than as a member of the general public. Private Person Use includes ownership of the property by the Private Person as well as other arrangements that transfer to the Private Person the actual or beneficial use of the property (such as a lease, management or incentive payment contract or other special arrangement) in such a manner as to set the Private Person apart from the general public. Use of property as a member of the general public includes attendance by the Private Person at municipal meetings or business rental of property to the Private Person on a short-term basis in accordance with regulations under the Code if the rental paid by such Private Person is the same as the rental paid by any Private Person who desires to rent the property. Use of property by nonprofit community groups or community recreational groups is not treated as Private Person Use if such use is incidental to the governmental uses of property, the property is made available for such use by all such community groups on an equal basis and such community groups are charged only a de minimis fee to cover custodial expenses. Refunded Bonds mean all or a portion of the Refunding Candidates designated by the Designated Representative for refunding pursuant to Section 7 and Section 11. Refunding Account means the account by that name established pursuant to Section 7. -6- Limited Tax General Obligation Refunding Bonds, 2014 Refunding Candidates mean the 2004 Bonds maturing on or after December 1, 2014. Registered Owner means the person named as the registered owner of a Bond in the Bond Register. For so long as the Bonds are held in book- entry only form, DTC or its nominee shall be deemed to be the sole Registered Owner. Rule means the Commission's Rule 15c2-12 under the Securities Exchange Act of 1934, as the same may be amended from time to time. 2004 Bond Ordinance means Ordinance No. 3682 adopted by the Council on March 16, 2004 authorizing the issuance of the 2004 Bonds. 2004 Bonds mean the City of Kent, Washington, Limited Tax General Obligation Refunding Bonds, 2004 issued pursuant to the 2004 Bond Ordinance as described in the recitals of this ordinance. Underwriter means KeyBanc Capital Markets Inc., or its successors. (b) Interpretation. In this ordinance, unless the context otherwise requires: (1) The terms "hereby," "hereof," "hereto," "herein," "hereunder" and any similar terms, as used in this ordinance, refer to this ordinance as a whole and not to any particular article, section, subdivision or clause hereof, and the term "hereafter" shall mean after, and the term "heretofore" shall mean before, the date of this ordinance; (2) Words of the masculine gender shall mean and include correlative words of the feminine and neuter genders and words importing -7- Limited Tax General Obligation Refunding Bonds, 2014 the singular number shall mean and include the plural number and vice versa; (3) Words importing persons shall include firms, associations, partnerships (including limited partnerships), trusts, corporations and other legal entities, including public bodies, as well as natural persons; (4) Any headings preceding the text of the several articles and sections of this ordinance, and any table of contents or marginal notes appended to copies hereof, shall be solely for convenience of reference and shall not constitute a part of this ordinance, nor shall they affect its meaning, construction or effect; and (5) All references herein to "articles," "sections" and other subdivisions or clauses are to the corresponding articles, sections, subdivisions or clauses hereof. SECTION 2,- Authorization of Bonds and Bond Details. For the purpose of refunding the Refunded Bonds and paying costs of issuance of the Bonds, the City shall issue and sell limited tax general obligation refunding bonds in the aggregate principal amount of not to exceed $14,000,000 (the "Bonds"). The Bonds shall be general obligations of the City, shall be designated "City of Kent, Washington, Limited Tax General Obligation Refunding Bonds, 2014" with other such designation as set forth in the Bond Purchase Contract and approved by the Designated Representative. -8- Limited Tax General Obligation Refunding Bonds, 2014 The Bonds shall be dated as of their date of initial delivery, shall be fully registered as to both principal and interest, shall be in the denomination of $5,000 each or any integral multiple thereof within a maturity, shall be numbered separately in the manner and with any additional designation as the Bond Registrar deems necessary for purposes of identification and control, and shall bear interest payable on the dates set forth in the Bond Purchase Contract. The Bonds shall bear interest at the rates set forth in the Bond Purchase Contract; and shall mature on the dates and in the principal amounts set forth in the Bond Purchase Contract and as approved by a Designated Representative pursuant to Section 11. SECTION 3. - Registration, Exchange and Payments. (a) Bond Registrar/Bond Register. The City hereby specifies and adopts the system of registration approved by the Washington State Finance Committee from time to time through the appointment the state fiscal agency. The City shall cause a Bond Register to be maintained by the Bond Registrar. So long as any Bonds remain outstanding, the Bond Registrar shall make all necessary provisions to permit the exchange or registration or transfer of Bonds at its principal corporate trust office. The Bond Registrar may be removed at any time at the option of the Finance Director upon prior notice to the Bond Registrar and a successor Bond Registrar appointed by the Finance Director. No resignation or removal of the Bond Registrar shall be effective until a successor shall have been appointed and until the successor Bond Registrar shall have accepted the -9- Limited Tax General Obligation Refunding Bonds, 2014 duties of the Bond Registrar hereunder. The Bond Registrar is authorized, on behalf of the City, to authenticate and deliver Bonds transferred or exchanged in accordance with the provisions of such Bonds and this ordinance and to carry out all of the Bond Registrar's powers and duties under this ordinance. The Bond Registrar shall be responsible for its representations contained in the Certificate of Authentication of the Bonds. (b) Registered Ownership. The City and the Bond Registrar, each in its discretion, may deem and treat the Registered Owner of each Bond as the absolute owner thereof for all purposes (except as provided in Section 12 of this ordinance), and neither the City nor the Bond Registrar shall be affected by any notice to the contrary. Payment of any such Bond shall be made only as described in Section 3(h), but such Bond may be transferred as herein provided. All such payments made as described in Section 3(h) shall be valid and shall satisfy and discharge the liability of the City upon such Bond to the extent of the amount or amounts so paid. (c) DTC Acceptance/Letters of Representations. The Bonds initially shall be held in fully immobilized form by DTC acting as depository. To induce DTC to accept the Bonds as eligible for deposit at DTC, the City has executed and delivered to DTC a Blanket Issuer Letter of Representations. Neither the City nor the Bond Registrar will have any responsibility or obligation to DTC participants or the persons for whom they act as nominees (or any successor depository) with respect to the Bonds in respect of the accuracy of any records maintained by DTC (or any successor depository) or any DTC participant, the payment by DTC (or -10- Limited Tax General Obligation Refunding Bonds, 2014 any successor depository) or any DTC participant of any amount in respect of the principal of or interest on Bonds, any notice which is permitted or required to be given to Registered Owners under this ordinance (except such notices as shall be required to be given by the City to the Bond Registrar or to DTC (or any successor depository)), or any consent given or other action taken by DTC (or any successor depository) as the Registered Owner. For so long as any Bonds are held in fully immobilized form by a depository, DTC or its successor depository shall be deemed to be the Registered Owner for all purposes hereunder, and all references herein to the Registered Owners shall mean DTC (or any successor depository) or its nominee and shall not mean the owners of any beneficial interest in such Bonds. (d) Use of Depository. (1) The Bonds shall be registered initially in the name of "Cede & Co.", as nominee of DTC, with one Bond maturing on each of the maturity dates for the Bonds in a denomination corresponding to the total principal therein designated to mature on such date. Registered ownership of such Bonds, or any portions thereof, may not thereafter be transferred except (A) to any successor of DTC or its nominee, provided that any such successor shall be qualified under any applicable laws to provide the service proposed to be provided by it; (B) to any substitute depository appointed by the Finance Director pursuant to subsection (2) below or such substitute depository's successor; or (C) to any person as provided in subsection (4) below. -11- Limited Tax General Obligation Refunding Bonds, 2014 (2) Upon the resignation of DTC or its successor (or any substitute depository or its successor) from its functions as depository or a determination by the Finance Director to discontinue the system of book entry transfers through DTC or its successor (or any substitute depository or its successor), the Finance Director may hereafter appoint a substitute depository. Any such substitute depository shall be qualified under any applicable laws to provide the services proposed to be provided by it. (3) In the case of any transfer pursuant to clause (A) or (B) of subsection (1) above, the Bond Registrar shall, upon receipt of all outstanding Bonds, together with a written request on behalf of the Finance Director, issue a single new Bond for each maturity then outstanding, registered in the name of such successor or such substitute depository, or their nominees, as the case may be, all as specified in such written request of the Finance Director. (4) In the event that (A) DTC or its successor (or substitute depository or its successor) resigns from its functions as depository, and no substitute depository can be obtained, or (B) the Finance Director determines that it is in the best interest of the beneficial owners of the Bonds that such owners be able to obtain physical Bond certificates, the ownership of such Bonds may then be transferred to any person or entity as herein provided, and such Bonds shall no longer be held by a depository. The Finance Director shall deliver a written request to the Bond Registrar, together with a supply of physical Bonds, to issue Bonds as herein provided in any authorized denomination. Upon receipt -12- Limited Tax General Obligation Refunding Bonds, 2014 by the Bond Registrar of all then outstanding Bonds together with a written request on behalf of the Finance Director to the Bond Registrar, new Bonds shall be issued in the appropriate denominations and registered in the names of such persons as are requested in such written request. (e) Registration of Transfer of Ownership or Exchange; Change in Denominations. The transfer of any Bond may be registered and Bonds may be exchanged, but no transfer of any such Bond shall be valid unless it is surrendered to the Bond Registrar with the assignment form appearing on such Bond duly executed by the Registered Owner or such Registered Owner's duly authorized agent in a manner satisfactory to the Bond Registrar. Upon such surrender, the Bond Registrar shall cancel the surrendered Bond and shall authenticate and deliver, without charge to the Registered Owner or transferee therefor, a new Bond (or Bonds at the option of the new Registered Owner) of the same date, maturity and interest rate and for the same aggregate principal amount in any authorized denomination, naming as Registered Owner the person or persons listed as the assignee on the assignment form appearing on the surrendered Bond, in exchange for such surrendered and cancelled Bond. Any Bond may be surrendered to the Bond Registrar and exchanged, without charge, for an equal aggregate principal amount of Bonds of the same date, maturity and interest rate, in any authorized denomination. The Bond Registrar shall not be obligated to register the transfer or to -13- Limited Tax General Obligation Refunding Bonds, 2014 exchange any Bond during the 15 days preceding any principal payment date any such Bond is to be redeemed. (f) Bond Registrar's Ownership of Bonds. The Bond Registrar may become the Registered Owner of any Bond 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 as a member of, or in any other capacity with respect to, any committee formed to protect the right of the Registered Owners of Bonds. (g) Registration Covenant. The City covenants that, until all Bonds have been surrendered and canceled, it will maintain a system for recording the ownership of each Bond that complies with the provisions of Section 149 of the Code. (h) Place and Medium of Payment. 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 calculated on the basis of a year of 360 days and twelve 30-day months. For so long as all Bonds are held by a depository, payments of principal and interest thereon shall be made as provided in accordance with the operational arrangements of DTC referred to in the Letter of Representations. In the event that the Bonds are no longer held by a depository, interest on the Bonds shall be paid by check or draft mailed to the Registered Owners at the addresses for such Registered Owners appearing on the Bond Register on the fifteenth day of the month preceding the interest payment date, or upon the written request of a Registered Owner of more than $1,000,000 of Bonds -14- Limited Tax General Obligation Refunding Bonds, 2014 (received by the Bond Registrar at least 15 days prior to the applicable payment date), such payment shall be made by the Bond Registrar by wire transfer to the account within the United States designated by the Registered Owner. Principal of the Bonds shall be payable upon presentation and surrender of such Bonds by the Registered Owners at the principal office of the Bond Registrar. If any Bond shall be duly presented for payment and funds have not been duly provided by the City on such applicable date, then interest shall continue to accrue thereafter on the unpaid principal thereof at the rate stated on such Bond until it is paid. SECTION 4, - Redemption Prior to Maturity and Purchase of Bonds. (a) Mandatory Redemption of Term Bonds and Optional Redemption, if any. The Bonds shall be subject to optional redemption on the dates, at the prices and under the terms set forth in the Bond Purchase Contract approved by the Designated Representative pursuant to Section 11. The Bonds shall be subject to mandatory redemption to the extent, if any, set forth in the Bond Purchase Contract approved by the Designated Representative pursuant to Section 11. (b) Purchase of Bonds. The City reserves the right to purchase any of the Bonds offered to it at any time at a price deemed reasonable by the Finance Director. (c) Selection of Bonds for Redemption. For as long as the Bonds are held in book-entry only form, the selection of particular Bonds within a maturity to be redeemed shall be made in accordance with the operational -15- Limited Tax General Obligation Refunding Bonds, 2014 arrangements then in effect at DTC. If the Bonds are no longer held in uncertificated form, the selection of such Bonds to be redeemed and the surrender and reissuance thereof, as applicable, shall be made as provided in the following provisions of this subsection (c). If the City redeems at any one time fewer than all of the Bonds having the same maturity date, the particular Bonds or portions of Bonds of such maturity to be redeemed shall be selected by lot (or in such manner determined by the Bond Registrar) in increments of $5,000. In the case of a Bond of a denomination greater than $5,000, the City and the Bond Registrar shall treat each Bond as representing such number of separate Bonds each of the denomination of $5,000 as is obtained by dividing the actual principal amount of Bonds by $5,000. In the event that only a portion of the principal sum of a Bond is redeemed, upon surrender of such Bond at the principal office of the Bond Registrar there shall be issued to the Registered Owner, without charge therefor, for the then unredeemed balance of the principal sum thereof, at the option of the Registered Owner, a Bond or Bonds of like maturity and interest rate in any of the denominations herein authorized. (d) Notice of Redemption. (1) Official Notice. For so long as the Bonds are held in uncertificated form, notice of redemption (which notice may be conditional) shall be given in accordance with the operational arrangements of DTC as then in effect, and neither the City nor the Bond Registrar will provide any notice of redemption to any Beneficial Owners. -16- Limited Tax General Obligation Refunding Bonds, 2014 Thereafter (if the Bonds are no longer held in uncertificated form), notice of redemption shall be given in the manner hereinafter provided. Unless waived by any owner of Bonds to be redeemed, official notice of any such redemption (which redemption may be conditioned by the Bond Registrar on the receipt of sufficient funds for redemption or otherwise) shall be given by the Bond Registrar on behalf of the City by mailing a copy of an official redemption notice by first class mail at least 20 days and not more than 60 days prior to the date fixed for redemption to the Registered Owner of the Bond or Bonds to be redeemed at the address shown on the Bond Register or at such other address as is furnished in writing by such Registered Owner to the Bond Registrar. All official notices of redemption shall be dated and shall state: (A) the redemption date, (B) the redemption price, (C) if fewer than all outstanding Bonds are to be redeemed, the identification by maturity (and, in the case of partial redemption, the respective principal amounts) of the Bonds to be redeemed, (D) that (unless such notice is conditional) on the redemption date the redemption price will become due and payable upon each such Bond or portion thereof called for redemption, and that interest thereon shall cease to accrue from and after said date, and -17- Limited Tax General Obligation Refunding Bonds, 2014 (E) the place where such Bonds are to be surrendered for payment of the redemption price, which place of payment shall be the principal office of the Bond Registrar. On or prior to any redemption date (unless such notice is conditional), the City shall deposit with the Bond Registrar an amount of money sufficient to pay the redemption price of all the Bonds or portions of Bonds which are to be redeemed on that date. (2) Effect of Notice; Bonds Due. If an unconditional notice of redemption has been given as aforesaid, or if the conditions to redemption have been satisfied or waived, the Bonds or portions of Bonds so to be redeemed shall, on the redemption date, become due and payable at the redemption price therein specified, and from and after such date such Bonds or portions of Bonds shall cease to bear interest. Upon surrender of such Bonds for redemption in accordance with said notice, such Bonds shall be paid by the Bond Registrar at the redemption price. Installments of interest due on or prior to the redemption date shall be payable as herein provided for payment of interest. All Bonds which have been redeemed shall be canceled by the Bond Registrar and shall not be reissued. If a conditional notice of redemption has been given and the conditions to redemption have not been satisfied or waived, notice of redemption given pursuant to this ordinance may be rescinded by written notice given by the Bond Registrar on behalf of the City as soon as practicable in the same manner, and to the same Registered Owners of -18- Limited Tax General Obligation Refunding Bonds, 2014 the Bond or Bonds, as notice of such redemption was given pursuant to this Section 4(d). If notice of recession has been provided, the Bonds or portions of Bonds so to be redeemed, on the redemption date, shall not become due and payable and from and after such date such Bonds or portions of Bonds shall continue to bear interest at the rate or rates set forth therein until paid or until due provision is made for the payment of the same. (3) Additional Notice. In addition to the foregoing notice, further notice shall be given by the City as set out below, but no defect in said further notice nor any failure to give all or any portion of such further notice shall in any manner defeat the effectiveness of a call for redemption if notice thereof is given as above prescribed. Each further notice of redemption given hereunder shall contain the information required above for an official notice of redemption plus (A) the CUSIP numbers of all Bonds being redeemed; (B) the date of issue of the Bonds as originally issued; (C) the rate of interest borne by each Bond being redeemed; (D) the maturity date of each Bond being redeemed; and (E) any other descriptive information needed to identify accurately the Bonds being redeemed. Each further notice of redemption may be sent at least 20 days before the redemption date to each party entitled to receive notice pursuant to Section 12 and with such additional information as the City shall deem appropriate, but such mailings shall not be a condition precedent to the redemption of such Bonds. -19- Limited Tax General Obligation Refunding Bonds, 2014 (4) Amendment of Notice Provisions. The foregoing notice provisions of this Section 4, including but not limited to the information to be included in redemption notices and the persons designated to receive notices, may be amended by additions, deletions and changes in order to maintain compliance with duly promulgated regulations and recommendations regarding notices of redemption of municipal securities. SECTIONS. - Form of Bonds. The Bonds shall be in substantially the following form with appropriate or necessary insertions, depending upon the omissions and variations as permitted or required hereby: UNITED STATES OF AMERICA NO. $ STATE OF WASHINGTON CITY OF KENT LIMITED TAX GENERAL OBLIGATION REFUNDING BOND, 2014 INTEREST RATE: % MATURITY DATE: CUSIP NO.: REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: The City of Kent, Washington (the "City"), hereby acknowledges itself to owe and for value received promises to pay to the Registered Owner identified above, or registered assigns, on the Maturity Date identified above, the Principal Amount indicated above and to pay interest thereon from , 2014, or the most recent date to which interest has been paid or duly provided for until payment of this bond at the Interest Rate set forth above, payable on and semiannually thereafter on the first days of each succeeding and Both principal of and interest on this bond are payable in lawful money of the United States of America. The fiscal agency of the State of Washington has been appointed by the City as the authenticating agent, paying agent and registrar for the bonds of this issue (the "Bond Registrar"). For so long as the bonds of this issue are held in fully immobilized form, payments of principal and interest thereon shall be -20- Limited Tax General Obligation Refunding Bonds, 2014 made as provided in accordance with the operational arrangements of The Depository Trust Company ("DTC") referred to in the Blanket Issuer Letter of Representations (the "Letter of Representations") from the City to DTC. The bonds of this issue are issued under and in accordance with the provisions of the Constitution and applicable statutes of the State of Washington and Ordinance No. duly passed by the City Council on February 4, 2014 (the "Bond Ordinance"). Capitalized terms used in this bond have the meanings given such terms in the Bond Ordinance. This bond shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Bond Ordinance until the Certificate of Authentication hereon shall have been manually signed by or on behalf of the Bond Registrar or its duly designated agent. This bond is one of an authorized issue of bonds of like series, date, tenor, rate of interest and date of maturity, except as to number and amount in the aggregate principal amount of $ and is issued pursuant to the Bond Ordinance to provide a portion of the funds necessary (a) to defease and refund certain limited tax general obligation bonds of the City, and (b) to pay costs of issuance. [The bonds of this issue are subject to redemption as provided in the Bond Ordinance and the Bond Purchase Contract.] The City hereby irrevocably covenants and agrees with the owner of this bond that it will include in its annual budget and levy taxes annually, within and as a part of the tax levy permitted to the City without a vote of the electorate, upon all the property subject to taxation in amounts sufficient, together with other money legally available therefor, to pay the principal of and interest on this bond as the same shall become due. The full faith, credit and resources of the City are hereby irrevocably pledged for the annual levy and collection of such taxes and the prompt payment of such principal and interest. [The bonds of this issue have [not] been designated by the City as "qualified tax-exempt obligations" for investment by financial institutions under Section 265(b) of the Code.] The pledge of tax levies for payment of principal of and interest on the bonds may be discharged prior to maturity of the bonds by making provision for the payment thereof on the terms and conditions set forth in the Bond Ordinance. It is hereby certified that all acts, conditions and things required by the Constitution and statutes of the State of Washington to exist and to have happened, been done and performed precedent to and in the issuance of this bond exist and have happened, been done and performed and that the issuance of this bond and the bonds of this issue does not -21- Limited Tax General Obligation Refunding Bonds, 2014 violate any constitutional, statutory or other limitation upon the amount of bonded indebtedness that the City may incur. IN WITNESS WHEREOF, the City of Kent, Washington has caused this bond to be executed by the manual or facsimile signatures of the Mayor and the City Clerk and the seal of the City imprinted, impressed or otherwise reproduced hereon as of this _ day of 2014. [SEAL] CITY OF KENT, WASHINGTON By /s/ manual or facsimile Mayor ATTEST: /s/ manual or facsimile City Clerk The Bond Registrar's Certificate of Authentication on the Bonds shall be in substantially the following form: CERTIFICATE OF AUTHENTICATION This bond is one of the bonds described in the within-mentioned Bond Ordinance and is one of the Limited Tax General Obligation Refunding Bonds, 2014 of the City of Kent, Washington, dated 2014. WASHINGTON STATE FISCAL AGENCY, as Bond Registrar By SECTION 6. - Execution of Bonds. The Bonds shall be executed on behalf of the City with the manual or facsimile signature of the Mayor and attested by the manual or facsimile signature of the City Clerk and the seal of the City shall be impressed, imprinted or otherwise reproduced thereon. -22- Limited Tax General Obligation Refunding Bonds, 2014 Only such Bonds as shall bear thereon a Certificate of Authentication in the form hereinbefore recited, manually executed by the Bond Registrar, shall be valid or obligatory for any purpose or entitled to the benefits of this ordinance. Such Certificate of Authentication shall be conclusive evidence that the Bonds so authenticated have been duly executed, authenticated and delivered hereunder and are entitled to the benefits of this ordinance. In case either of the officers who shall have executed the Bonds shall cease to be an officer or officers of the City before the Bonds so signed shall have been authenticated or delivered by the Bond Registrar, or issued by the City, such Bonds may nevertheless be authenticated, delivered and issued and upon such authentication, delivery and issuance, shall be as binding upon the City as though those who signed the same had continued to be such officers of the City. Any Bond may be signed and attested on behalf of the City by such persons who at the date of the actual execution of such Bond, are the proper officers of the City, although at the original date of such Bond any such person shall not have been such officer of the City. SECTION 7. - Refunding Plan; Application of Bond Proceeds. (a) Refunding Plan. For the purpose of realizing a debt service savings, the City proposes to defease and refund the Refunded Bonds as set forth herein. The Refunded Bonds shall include all or a portion of the Refunding Candidates as designated by the Designated Representative and set forth in the Bond Purchase Contract. Proceeds of the Bonds shall -23- Limited Tax General Obligation Refunding Bonds, 2014 be deposited with the Escrow Agent pursuant to the Escrow Deposit Agreement to be used immediately upon receipt thereof to defease the Refunded Bonds as authorized by the 2004 Bond Ordinance and to pay costs of issuance of the Bonds. The net proceeds deposited with the Escrow Agent shall be used to defease the Refunded Bonds and discharge the obligations thereon by the purchase of certain Government Obligations (which obligations so purchased, are herein called "Acquired Obligations"), bearing such interest and maturing as to principal and interest in such amounts and at such times which, together with any necessary beginning cash balance, will provide for the payment of: (1) interest on the Refunded Bonds as such becomes due on and prior to the Call Date; and (2) the redemption price (100% of the principal amount) of the Refunded Bonds on the Call Date. Such Acquired Obligations shall be purchased at a yield not greater than the yield permitted by the Code and regulations relating to acquired obligations in connection with refunding bond issues. (b) Escrow Agent/Escrow Deposit Agreement. The City hereby appoints U.S. Bank National Association, Seattle, Washington, as the Escrow Agent for the Refunded Bonds (the "Escrow Agent'). A beginning cash balance, if any, and the Acquired Obligations shall be deposited irrevocably with the Escrow Agent in an amount sufficient to defease the Refunded Bonds. The proceeds of the Bonds remaining after acquisition of -24- Limited Tax General Obligation Refunding Bonds, 2014 the Acquired Obligations and provision for the necessary beginning cash balance shall be utilized to pay expenses of the acquisition and safekeeping of the Acquired Obligations and costs of issuance of the Bonds. In order to carry out the purposes of this Section 7, the Finance Director is authorized and directed to execute and deliver to the Escrow Agent, an Escrow Deposit Agreement. (c) Call for Redemption of Refunded Bonds. The City hereby sets aside sufficient funds out of the purchase of Acquired Obligations from proceeds of the Bonds to make the payments described above. The City hereby calls the Refunded Bonds for redemption on their Call Date in accordance with the provisions of the 2004 Bond Ordinance authorizing the redemption and retirement of the 2004 Bonds, prior to their fixed maturities. Said defeasance and call for redemption of the Refunded Bonds shall be irrevocable after the issuance of the Bonds and delivery of the Acquired Obligations to the Escrow Agent. The Escrow Agent is hereby authorized and directed to provide for the giving of notices of the redemption of the Refunded Bonds in accordance with the applicable provisions of the 2004 Bond Ordinance. The costs of publication of such notices shall be an expense of the City. The Escrow Agent is hereby authorized and directed to pay to the Finance Director, or, at the direction of the Finance Director, to the paying agent for the Refunded Bonds, sums sufficient to pay, when due, the -25- Limited Tax General Obligation Refunding Bonds, 2014 payments specified in this Section 7. All such sums shall be paid from the moneys and Acquired Obligations deposited with the Escrow Agent, and the income therefrom and proceeds thereof. All such sums so paid to or to the order of the Finance Director shall be credited to the Refunding Account. All moneys and Acquired Obligations deposited with the Escrow Agent and any income therefrom shall be held, invested (but only at the direction of the Finance Director) and applied in accordance with the provisions of this ordinance and with the laws of the State of Washington for the benefit of the City and owners of the Refunded Bonds. The City will take such actions as are found necessary to see that all necessary and proper fees, compensation and expenses of the Escrow Agent for the Refunded Bonds shall be paid when due. SECTION B. - Tax Covenants. The City covenants that it will not take or permit to be taken on its behalf any action that would adversely affect the exemption from federal income taxation of the interest on the Bonds and will take or require to be taken such acts as may reasonably be within its ability and as may from time to time be required under applicable law to continue the exemption from federal income taxation of the interest on the Bonds. (a) Arbitrage Covenant. Without limiting the generality of the foregoing, the City covenants that it will not take any action or fail to take any action with respect to the proceeds of sale of the Bonds or any other funds of the City which may be deemed to be proceeds of the Bonds pursuant to Section 148 of the Code and the regulations promulgated -26- Limited Tax General Obligation Refunding Bonds, 2014 thereunder which, if such use had been reasonably expected on the dates of delivery of the Bonds to the initial purchasers thereof, would have caused the Bonds to be treated as "arbitrage bonds" within the meaning of such term as used in Section 148 of the Code. The City will comply with the requirements of Section 148 of the Code and the applicable regulations thereunder throughout the term of the Bonds. (b) Private Person Use Limitation for the Bonds. The City covenants that for as long as the Bonds are outstanding, it will not permit: (1) More than 10% of the Net Proceeds of the Bonds to be allocated to any Private Person Use; and (2) More than 10% of the principal or interest payments on the Bonds in a Bond Year to be directly or indirectly: (A) secured by any interest in property used or to be used for any Private Person Use or secured by payments in respect of property used or to be used for any Private Person Use, or (B) derived from payments (whether or not made to the City) in respect of property, or borrowed money, used or to be used for any Private Person Use. The City further covenants that, if: (3) More than five percent of the Net Proceeds of the Bonds are allocable to any Private Person Use; and (4) More than five percent of the principal or interest payments on the Bonds in a Bond Year are (under the terms of this ordinance or any underlying arrangement) directly or indirectly: -27- Limited Tax General Obligation Refunding Bonds, 2014 (A) secured by any interest in property used or to be used for any Private Person Use or secured by payments in respect of property used or to be used for any Private Person Use, or (B) derived from payments (whether or not made to the City) in respect of property, or borrowed money, used or to be used for any Private Person Use, then, (i) any Private Person Use of the projects described in subsection (3) hereof or Private Person Use payments described in subsection (4) hereof that is in excess of the five percent limitations described in such subsections (3) or (4) will be for a Private Person Use that is related to the state or local governmental use of the projects refunded by the proceeds of the Bonds, and (ii) any Private Person Use will not exceed the amount of Net Proceeds of the Bonds allocable to the state or local governmental use portion of the projects(s) to which the Private Person Use of such portion of the projects refunded by the proceeds of the Bonds relate. The City further covenants that it will comply with any limitations on the use of the projects refunded by the proceeds of the Bonds by other than state and local governmental users that are necessary, in the opinion of its bond counsel, to preserve the tax exemption of the interest on the Bonds. (c) Modification of Tax Covenants. The covenants of this section are specified solely to assure the continued exemption from regular income taxation of the interest on the Bonds. To that end, the provisions of this section may be modified or eliminated without any requirement for -28- Limited Tax General Obligation Refunding Bonds, 2014 formal amendment thereof upon receipt of an opinion of the City's bond counsel that such modification or elimination will not adversely affect the tax exemption of interest on any Bonds. (d) In the Federal Tax Certificate the City may designate the Bonds as "qualified tax-exempt obligations" under Section 265(b)(3) of the Code for investment by financial institutions if at the time of such designation it reasonably does not expect to issue more than $10,000,000 in qualifying tax-exempt debt during calendar year 2014. SECTION 9. - Bond Fund and Provision for Tax Levy Payments. The City hereby authorizes the creation of a fund to be used for the payment of debt service on the Bonds, designated as the "City of Kent Limited Tax General Obligation Bond Debt Service Fund, 2014" (the "Bond Fund"). No later than the date each payment of principal of or interest on the Bonds becomes due, the City shall transmit sufficient funds, from the Bond Fund or from other legally available sources, to the Bond Registrar for the payment of such principal or interest. Money in the Bond Fund may be invested in legal investments for City funds. The City hereby irrevocably covenants and agrees for as long as any of the Bonds are outstanding and unpaid that each year it will include in its budget and levy an ad valorem tax upon all the property within the City subject to taxation in an amount that will be sufficient, together with all other revenues and money of the City legally available for such purposes, to pay the principal of and interest on the Bonds when due. -29- Limited Tax General Obligation Refunding Bonds, 2014 The City hereby irrevocably pledges that the annual tax provided for herein to be levied for the payment of such principal and interest shall be within and as a part of the tax levy permitted to cities without a vote of the people, and that a sufficient portion of each annual levy to be levied and collected by the City prior to the full payment of the principal of and interest on the Bonds will be and is hereby irrevocably set aside, pledged and appropriated for the payment of the principal of and interest on the Bonds. The full faith, credit and resources of the City are hereby irrevocably pledged for the annual levy and collection of said taxes and for the prompt payment of the principal of and interest on the Bonds when due. SECTION 10. - Defeasance. In the event that the City, to effect the payment, retirement or redemption of any Bond, sets aside in the Bond Fund or in another special account, cash or noncallable Government Obligations, or any combination of cash and/or noncallable Government Obligations, in amounts and maturities which, together with the known earned income therefrom, are sufficient to redeem or pay and retire such Bond in accordance with its terms and to pay when due the interest and redemption premium, if any, thereon, and such cash and/or noncallable Government Obligations are irrevocably set aside and pledged for such purpose, then no further payments need be made into the Bond Fund for the payment of the principal of and interest on such Bond. The owner of a Bond so provided for shall cease to be entitled to any lien, benefit or security of this ordinance except the right to receive payment of principal, -30- Limited Tax General Obligation Refunding Bonds, 2014 premium, if any, and interest from the Bond Fund or such special account, and such Bond shall be deemed to be not outstanding under this ordinance. The City shall give written notice of defeasance to the owners of all Bonds so provided for within 30 days of the defeasance and to each party entitled to receive notice in accordance with Section 12. SECTION 11. - Sale of Bonds. (a) Bond Sale. The Bonds shall be sold at negotiated sale to the Underwriter pursuant to the terms of the Bond Purchase Contract. The Financial Advisor has advised the Council that market conditions are fluctuating and, as a result, the most favorable market conditions may occur on a day other than a regular meeting date of the Council. The Council has determined that it would be in the best interest of the City to delegate to the Designated Representative for a limited time the authority to approve the final interest rates, aggregate principal amount, principal amounts of each maturity of the Bonds, selection of the Refunded Bonds, and redemption rights. The Designated Representative is hereby authorized to designate a portion or all of the Refunding Candidates as Refunded Bonds, and to approve the final interest rates, aggregate principal amount, principal amounts of each maturity of the Bonds, and redemption rights for the Bonds in the manner provided hereafter so long as (i) the aggregate principal amount of the Bonds does not exceed $14,000,000, (ii) the final maturity date for the Bonds is no later than December 1, 2021, (iii) the -31- Limited Tax General Obligation Refunding Bonds, 2014 Bonds are sold (in the aggregate) at a price not less than 97% and not greater than 120%, (iv) the Bonds are sold for a price that results in a minimum net present value debt service savings over the Refunded Bonds of at least 3.0%, (v) the true interest cost for the Bonds (in the aggregate) does not exceed 3.5%; and (vi) the Bonds conform to all other terms of this ordinance. Subject to the terms and conditions set forth in this section, the Designated Representative is hereby authorized to execute the Bond Purchase Contract. Following the execution of the Bond Purchase Contract, the Finance Director shall provide a report to the Council describing the final terms of the Bonds approved pursuant to the authority delegated in this section. The authority granted to the Designated Representative by this Section 11 shall expire 120 days after the effective date of this ordinance. If a Bond Purchase Contract for the Bonds has not been executed within 120 days after the effective date of this ordinance, the authorization for the issuance of the Bonds shall be rescinded, and the Bonds shall not be issued nor their sale approved unless such Bonds shall have been re- authorized by ordinance of the Council. The ordinance re-authorizing the issuance and sale of such Bonds may be in the form of a new ordinance repealing this ordinance in whole or in part or may be in the form of an amendatory ordinance approving a bond purchase contract or establishing terms and conditions for the authority delegated under this Section 11. (b) Delivery of Bonds; Documentation. Upon the passage and approval of this ordinance, the proper officials of the City, including the -32- Limited Tax General Obligation Refunding Bonds, 2014 Finance Director and Chief Administrative Officer, are authorized and directed to undertake all action necessary for the prompt execution and delivery of the Bonds to the Underwriter and further to execute all closing certificates and documents required to effect the closing and delivery of the Bonds in accordance with the terms of this ordinance and the Bond Purchase Contract. (c) Preliminary and Final Official Statements. The Finance Director is hereby authorized to ratify and to deem final the preliminary Official Statement relating to the Bonds for the purposes of the Rule. The Finance Director is further authorized to ratify and to approve for purposes of the Rule, on behalf of the City, the final Official Statement relating to the issuance and sale of the Bonds and the distribution of the final Official Statement pursuant thereto with such changes, if any, as may be deemed by her to be appropriate. SECTION 12. - Undertaking to Provide Ongoing Disclosure. (a) Contract/Undertaking. This section constitutes the City's written undertaking for the benefit of the owners, including Beneficial Owners, of the Bonds as required by Section (b)(5) of the Rule. (b) Financial Statements/Operating Data. The City agrees to provide or cause to be provided to the MSRB the following annual financial information and operating data for the prior fiscal year (commencing in 2014 for the fiscal year ended December 31, 2013): 1. Annual financial statements, which statements may or may not be audited, showing ending fund balances for the City's general -33- Limited Tax General Obligation Refunding Bonds, 2014 fund prepared in accordance with the Budgeting Accounting and Reporting System prescribed by the Washington State Auditor pursuant to RCW 43.09.200 (or any successor statute) and generally of the type specified in the official statement for the Bonds; 2. The assessed valuation of taxable property in the City; 3. Ad valorem taxes due and percentage of taxes collected; 4. Property tax levy rate per $1,000 of assessed valuation; and 5. Outstanding general obligation debt of the City. Items 2-5 shall be required only to the extent that such information is not included in the annual financial statements. The information and data described above shall be provided on or before nine months after the end of the City's fiscal year. The City's current fiscal year ends December 31. The City may adjust such fiscal year by providing written notice of the change of fiscal year to the MSRB. In lieu of providing such annual financial information and operating data, the City may cross-reference to other documents available to the public on the MSRB's internet website or filed with the Commission. If not provided as part of the annual financial information discussed above, the City shall provide to the MSRB the City's audited annual financial statements prepared in accordance with the Budgeting Accounting and Reporting System prescribed by the Washington State -34- Limited Tax General Obligation Refunding Bonds, 2014 Auditor pursuant to RCW 43.09.200 (or any successor statute) when and if available. (c) Listed Events. The City agrees to provide or cause to be provided to the MSRB, in a timely manner not in excess of ten business days after the occurrence of the event, notice of the occurrence of any of the following events with respect to the Bonds: • Principal and interest payment delinquencies; • Non-payment related defaults, if material; • Unscheduled draws on debt service reserves reflecting financial difficulties; • Unscheduled draws on credit enhancements reflecting financial difficulties; • Substitution of credit or liquidity providers, or their failure to perform; • Adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701-TEB) or other material notices or determinations with respect to the tax status of the Bonds, or other material events affecting the tax status of the Bonds; • Modifications to the rights of Bondholders, if material; • Bond calls, if material, and tender offers; • Defeasances; -35- Limited Tax General Obligation Refunding Bonds, 2014 • Release, substitution, or sale of property securing repayment of the Bonds, if material; • Rating changes; • Bankruptcy, insolvency, receivership or similar event of the City; • The consummation of a merger, consolidation, or acquisition involving the City or the sale of all or substantially all of the assets of the City, other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material; and • Appointment of a successor or additional trustee or the change of name of a trustee, if material. The City shall promptly determine whether the events described above are material. (d) Format for Filings with the MSRB. All notices, financial information and operating data required by this undertaking to be provided to the MSRB must be in an electronic format as prescribed by the MSRB. All documents provided to the MSRB pursuant to this undertaking must be accompanied by identifying information as prescribed by the MSRB. (e) Notification Upon Failure to Provide Financial Data. The City agrees to provide or cause to be provided, in a timely manner, to the -36- Limited Tax General Obligation Refunding Bonds, 2014 MSRB notice of its failure to provide the annual financial information described in Subsection (b) above on or prior to the date set forth in Subsection (b) above. (f) Termination/Modification. The City's obligations to provide annual financial information and notices of certain listed events shall terminate upon the legal defeasance, prior redemption or payment in full of all of the Bonds. Any provision of this section shall be null and void if the City (1) obtains an opinion of nationally recognized bond counsel to the effect that the portion of the Rule that requires that provision is invalid, has been repealed retroactively or otherwise does not apply to the Bonds and (2) notifies the MSRB of such opinion and the cancellation of this section. The City may amend this section with an opinion of nationally recognized bond counsel in accordance with the Rule. In the event of any amendment of this section, the City shall describe such amendment in the next annual report, and shall include a narrative explanation of the reason for the amendment and its impact on the type (or in the case of a change of accounting principles, on the presentation) of financial information or operating data being presented by the City. In addition, if the amendment relates to the accounting principles to be followed in preparing financial statements, (A) notice of such change shall be given in the same manner as for a listed event under Subsection (c), and (B) the annual report for the year in which the change is made shall present a comparison (in narrative form and also, if feasible, in quantitative form) between the -37- Limited Tax General Obligation Refunding Bonds, 2014 financial statements as prepared on the basis of the new accounting principles and those prepared on the basis of the former accounting principles. (g) Bond Owner's Remedies Under This Section. The right of any bondowner or Beneficial Owner of Bonds to enforce the provisions of this section shall be limited to a right to obtain specific enforcement of the City's obligations under this section, and any failure by the City to comply with the provisions of this undertaking shall not be an event of default with respect to the Bonds. (h) No Default. Except as otherwise disclosed in the City's official statement relating to the Bonds, the City is not and has not been in default in the performance of its obligations of any prior undertaking for ongoing disclosure with respect to its obligations. SECTION 13. - Lost, Stolen or Destroyed Bonds. In case any Bond or Bonds shall be lost, stolen or destroyed, the Bond Registrar may execute and deliver a new Bond or Bonds of like date, number and tenor to the Registered Owner thereof upon the Registered Owner's paying the expenses and charges of the City and the Bond Registrar in connection therewith and upon his/her filing with the City evidence satisfactory to the City that such Bond was actually lost, stolen or destroyed and of his/her ownership thereof, and upon furnishing the City and/or the Bond Registrar with indemnity satisfactory to the City and the Bond Registrar. SECTION 14. - Severability; Ratification. If any one or more of the covenants or agreements provided in this ordinance to be performed -38- Limited Tax General Obligation Refunding Bonds, 2014 on the part of the City shall be declared by any court of competent jurisdiction to be contrary to law, then such covenant or covenants, agreement or agreements, shall be null and void and shall be deemed separable from the remaining covenants and agreements of this ordinance and shall in no way affect the validity of the other provisions of this ordinance or of the Bonds. All acts taken pursuant to the authority granted in this ordinance but prior to its effective date are hereby ratified and confirmed. -39- Limited Tax General Obligation Refunding Bonds, 2014 SECTION 15. - Effective Date of Ordinance. This ordinance shall take effect and be in force five days after its passage, approval, and publication as provided by law. Adopted by the City Council of the City of Kent, Washington, at a regular meeting thereof held this 4th of February, 2014. By Suzette Cooke, Mayor ATTEST Ronald F. Moore, MMC, City Clerk APPROVED AS TO FORM: PACIFICA LAW GROUP LLP Bond Counsel PASSED: of February, 2014 APPROVED: of February, 2014 PUBLISHED: of February, 2014 -40- Limited Tax General Obligation Refunding Bonds, 2014 CERTIFICATION I, the undersigned, City Clerk of the City of Kent, Washington (the "City"), hereby certify as follows: 1. The attached copy of Ordinance No. (the "Ordinance") is a full, true and correct copy of an ordinance duly passed at a regular meeting of the City Council of the City held at the regular time and meeting place thereof on February 4, 2014, as that ordinance appears on the minute book of the City; and the Ordinance will be in full force and effect after its passage; and 2. A quorum of the members of the City Council was present throughout the meeting and a majority of those members present voted in the proper manner for the passage of the Ordinance. IN WITNESS WHEREOF, I have hereunto set my hand this 4th day of February, 2014. CITY OF KENT, WASHINGTON Ronald F. Moore, MMC, City Clerk This page intentionally left blank. KENT Agenda Item: Consent — 7F TO: City Council DATE: February 4, 2014 SUBJECT: Budget Certification for Annexation Sales Tax Credit Resolution — Adopt MOTION: Move to adopt Resolution No. , approving the certification of $4,230,777 for the Panther Lake annexation sales tax credit for the period July 1, 2014 through June 30, 2015. SUMMARY: The City is required to certify to the state of Washington before March Vt of each year, the amount needed from the annexation sales tax credit to provide services in the annexed area. The Finance Department has calculated the costs and revenues within the Panther Lake annexation area and has determined a gap between revenues generated and expenditures used to provide services of $4,230,777 for July 1, 2014 through June 30, 2015. EXHIBITS: Resolution RECOMMENDED BY: Operations Committee YEA: Thomas - Ralph - Boyce (post meeting) NAY: BUDGET IMPACTS: The budget for the Panther Lake annexation area for the State's fiscal year 2013 is anticipated to be $11,949,899 in expenditures to provide City services to those residents, while we anticipate revenues of $7,719,122 from property taxes, sales taxes and other sources. The net of the revenues and costs produces a deficit of $4,230,777 which is the amount being certified as the amount of annexation sales tax credit we are requesting from the State. This page intentionally left blank. RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington, determining a new threshold amount for the sales and use tax authorized by RCW 82.14.415 and codified in Chapter 3.27 of the Kent City Code, relating to the cost of providing municipal services to the Panther Lake Annexation Area for the 2014 fiscal year, and authorizing the Finance Director to certify the threshold amount to the Washington State Department of Revenue. RECITALS A. RCW 82.14.415 authorizes the City to impose a sales and use tax as a credit against state retail sales and use taxes collected under Chapters 82.08 and 82.12 RCW to assist the City in providing municipal services to newly annexed areas. B. After providing all appropriate notice and following appropriate procedure, and following a favorable vote on the annexation proposition, the Kent City Council adopted Ordinance No. 3936 on December 8, 2009, approving the Panther Lake Annexation Area effective July 1, 2010. The population within the annexation area determined at the time of annexation was 25,458 people. 1 Tax Credit Threshold Panther Lake Annexation C. On February 16, 2010, the City Council passed Ordinance No. 3947, creating Chapter 3.27 of the Kent City Code and imposing the sales and use tax at the rate of 0.2 percent. D. On February 15, 2011, the City Council adopted Resolution No. 1839 confirming the tax rate at 0.2 percent and authorizing the finance director to certify the threshold amount for the 2011 fiscal year. E. On February 7, 2012, through Resolution No. 1853, the City Council adopted a new threshold amount for the 2012 fiscal year and authorized the finance director to certify the same. F. On February 19, 2013, through Resolution No. 1871, the City Council adopted a new threshold amount for the 2013 fiscal year and authorized the finance director to certify the same. G. With this Resolution, the City authorizes the imposition of similar annexation sales and use taxes for the 2014 fiscal year. H. The City Council of the city of Kent, Washington, finds and determines that the projected cost to provide municipal services to the Panther Lake Annexation Area for the 2014 fiscal year will be at least $11,949,899, and that this cost exceeds the projected general revenue that the City would otherwise receive from the annexation during the 2014 fiscal year, which is estimated to be $7,719,122. I. Pursuant to RCW 82.14.415, the city of Kent is authorized, under the circumstances of this annexation, to impose a sales and use tax for the 2014 fiscal year, which shall be collected by the State department of revenue from those persons who are taxable by the state under 2 Tax Credit Threshold Panther Lake Annexation Chapters 82.08 and 82.12 RCW, upon the occurrence of any taxable event within the City. J. The rate of tax imposed shall be 0.2 percent, and shall be in addition to other taxes authorized by law, and the threshold amount for the 2014 fiscal year is $4,230,777. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: RESOLUTION SECTION 1, - Rate and Threshold Amount. The Kent City Council determines that the threshold amount for the City's projected net cost in providing municipal services to the Panther Lake Annexation Area for the 2014 fiscal year is $4,230,777. The City Council previously imposed a sales and use tax at the rate of 0.2 percent, with the passage of Ordinance No. 3947 on February 16, 2010. SECTION 2, - Implementation and certification. The Mayor of the city of Kent is authorized to implement administrative procedures as may be necessary to carry out the provisions of this resolution. The City's Finance Director is authorized to certify the amount for the 2014 fiscal year to the appropriate agencies within the State of Washington. SECTION 3, - Severability. If any section, subsection, paragraph, sentence, clause or phrase of this resolution is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this resolution. 3 Tax Credit Threshold Panther Lake Annexation SECTION 4, - Savings. Resolution No. 1871 shall remain in full force and effect until the effective date of this resolution. SECTIONS. - Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. SECTION 6, - Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this resolution, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or resolution numbering and section/subsection numbering. SECTION 7, - Effective Date. This resolution shall take effect and be in force immediately upon its passage, however the imposition of the sales and use taxes for the 2014 state fiscal year authorized by this resolution shall not take effect until the commencement of that fiscal year. PASSED at a regular open public meeting by the City Council of the city of Kent, Washington, this day of 2014. CONCURRED in by the Mayor of the city of Kent this day of 2014. SUZETTE COOKE, MAYOR 4 Tax Credit Threshold Panther Lake Annexation ATTEST: RONALD F. MOORE, CITY CLERK APPROVED AS TO FORM: ARTHUR "PAT" FITZPATRICK, ACTING CITY ATTORNEY I hereby certify that this is a true and correct copy of Resolution No. passed by the City Council of the city of Kent, Washington, the day of 2014. RONALD F. MOORE, CITY CLERK P:\Civil\I solution\Mnexadon Sales Tax Threshold2014.docx 5 Tax Credit Threshold Panther Lake Annexation This page intentionally left blank. KENT Agenda Item: Consent - 7G TO: City Council DATE: February 4, 2014 SUBJECT: Emergency Guardrail Repair Service Contract with Peterson Brothers, Inc. - Authorize MOTION: Authorize the Mayor to sign a contract with Petersen Brothers Construction, Inc. to perform emergency repairs of damaged guardrails on an as needed basis in an amount not to exceed $20,000, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: The city typically has several guardrails that are damaged or destroyed each year by vehicles due to severe weather or inattentive drivers. In the past we have spent time soliciting bids for each repair. Petersen Brothers is the only business that consistently responds and at this time is the sole provider for this service in the region. We are requesting the approval of this contract to be able to expedite repairs. EXHIBITS: None RECOMMENDED BY: Public Works Committee YEA: Berrios - Ralph - Higgins NAY: BUDGET IMPACTS: Funds would be made available by Council through the use of Business and Occupation Tax. This page intentionally left blank. KENT Agenda Item: Consent - 7H TO: City Council DATE: February 4, 2014 SUBJECT: 2013 Crack Sealing Project Completion - Accept MOTION: Accept the 2012 Crack Sealing Project as complete and release retainage to C.R. Contracting, upon receipt of standard releases from the state and the release of any liens. SUMMARY: Crack sealing is a maintenance treatment used to prevent water from infiltrating cracks in a roadway. When water infiltrates cracks, it leads to accelerated damage of the roadway. Historically, Public Works Operations crews have performed crack sealing. Our crews still perform a significant amount of crack sealing work annually; however, the volume of work has exceeded the time available for in-house personnel. Therefore, several roadways in the valley were identified to have crack sealing performed by a Contractor. The original contract amount was $195,300.00. The final contract amount was $194,194.70. The project consisted of installing approximately 18 tons of rubberized asphalt for crack sealing on Central Avenue South, West Valley Highway, 84th Avenue South, 64th Avenue South, Meeker Street and several industrial streets in the northwest corner of the city. The contract is now complete and ready for Council acceptance. EXHIBITS: None RECOMMENDED BY: Public Works Director YEA: NAY: BUDGET IMPACTS: This project was funded from the Business & Occupation tax revenue. This item did not need to be brought to Committee. This page intentionally left blank. KENT Agenda Item: Consent - 7I TO: City Council DATE: February 4, 2014 SUBJECT: Oakleigh I & II Bill of Sale- Accept MOTION: Accept the Bill of Sale for the Oakleigh I & II project, permit 2071420, for 28 gate valves, 5 hydrants, and 3,816 linear feet of waterline; 17 sanitary sewer manholes, and 2,747 linear feet of sanitary sewerline; 384 linear feet of new curb and gutter, 272 linear feet of new sidewalk, 2 street lights, and 6 street trees; 1 storm sewer catch basin, and 320 linear feet of storm sewerline. SUMMARY: The Oakleigh I & II project is located at 27919 106th Ave. SE; parcel #3222059089. EXHIBITS: Oakleigh I & II Bill of Sale RECOMMENDED BY: Public Works Director YEA: NAY: BUDGET IMPACTS: This page intentionally left blank. MAIL TO: CITY OF KENT ENGINEERING DEPARTMENT ATTN: Ozzie Carrasquilla �Aj 220 — 4T" AVENUE SOUTH WASH IN a T O a KENT, WASHINGTON 98032 Project: Oakleigh I & II CITY OF KFNT Permit #:_RECC-2071420 JUN Q 5 201.E Location: 108" Avenue SE at SE 279th Street ENGINEERING UEP I Parcel #: 322205-9094. -9089. -9095, -9122, -9137 BILL OF SALE CITY OF KENT KING COUNTY, WASHINGTON THIS INSTRUMENT made this 12th day of April 2013, by and between Henley USA LLC, hereinafter called "Grantors", and City of Kent, a municipal corporation of King County, State of Washington, hereinafter called "Grantee": WITNESSETH: That the said Grantors for a valuable consideration does hereby grant, bargain, sell to Grantee the following described improvements: A. WATERMAINS: Together with a total of 28 gate valves at $800.00 each, 5 hydrants at $4,200 each and/or any other appurtenances thereto. ON FROM TO SE 2Both Street 1081h Avenue SE West plat boundary 105th Avenue SE 106th Avenue SE SE 278th Street SE 279th Street 1071h Place SE SE 2771h Place 108th Avenue SE Private Drive Access Including 3,816 linear feet at $42.00 per LF of 8" D.I. waterline, and 300 linear feet at $50.00 per LF of 12" D.I. waterline. Bill of Sale 14369.036.doc 1of5 B. SANITARY SEWERS: Together with a total of 17 manholes at $3,200.00 each and/or any other appurtenances thereto. ON FROM TO SE 2801h Street 1081h Avenue SE West plat boundary 105th Avenue SE 106th Avenue SE SE 278th Street SE 279th Street 107" Place SE SE 2771h Place 108th Avenue SE Private Drive Access Including 2,747 linear feet at $38.00 per LF of 8" PVC sewerline, and 611 linear feet at $50.00 per LF of 12" PVC sewerline. C. FRONTAGEIMPROVEMENTS: Together with lights, trees, landscaping (except residential streets) and/or any other appurtenances ON FROM M 1081h Avenue SE SE 279th Street SE 278t" Street Including 384 linear feet at $8.00 per LF of concrete curb and gutter, and 272 linear feet at $12.00 per LF of 6-foot concrete sidewalk, and 2 street lights at $6,500.00 each, and 6 street trees at $300.00 each. D. STORM SEWERS: Together with a total of 5 Type I catch basins at $950.00 each, and/or any other appurtenances thereto. ON FROM TO 1081h Avenue SE SE 279th Street SE 278th Street Including 320 linear feet at $28.00 per LF of 12" PVC sewerline. To have and to hold the same to the said Grantee, its successors and assigns forever. The undersigned hereby covenants that it is the lawful owner of said property; and that the same is free from all encumbrances; that all bills for labor and materials have been paid; that it has the right to sell the same aforesaid; that it will warrant and defend the same against the lawful claims and demand of all person(s). The Bill of Sale is given on consideration of the agreement of the Grantee for itself, its successors and assigns to incorporate said utilities in its utility system and to maintain them as provided in the applicable City Ordinances. The City accepts the items subject to staff approval and completion of a 2 year maintenance period. Bill of Sale 1436e.036.doc 2of5 IN WITNCEESS WHEREOF, the undersigned has caused this instrument to be executed on this L t day of 2013. ��V v,-..L,'f'\'Jv-- i=`�- L-Li.u1.C�; N'lfi,Vtet.�a• r�:,_�'._.. '.. IN WITNESS WHEREOF, the undersigned has caused this instrument to be executed on this day of 2013, STATE OF WASHINGTON ) ) SS COUNTY OF KING ) On this day of 2013, before me, .the undersigned A Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared to me known to be the individual described in and who executed the foregoing instrument, and acknowledged to me that he/she signed and sealed this instrument as his/her free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of 2013. Notary Public in and for the State of Washington, residing at My Commission Expires: Bill of Sale 14369.036.doc 3 of 5 i STATE OF WASHINGTON ) ) SS COUNTY OF KING ) On this is day of Y 2013, before me, the undersigned A Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared f�t' t (`--&A1/e-// and to me to be the PJ �c�P (,.bvo6 4d" d respectively of FiR/ � dA the�7G�M ;,Ce®/ G>'40,IAX l"rx that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said Gf-C for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute the said instrument. Witness my hand and official seal hereto affix the day and year first above written. �449bRSGilytrid�,�� �«•�@i,�Qp1NTih�ry,„•.,/Js�se. ,€ll .�' .l.�s�iwr � :0°4. Notary Public IW and for the ate of *, 30 w.Z_ Washington, residing at 2014 ?BeR AitP16 �0`��`` My Commission Expires: The Bill of Sale is given and accepted pursuant to a motion duly made, seconded, and passed by the City Council of the City of Kent, King County, Washington, on the day of 2013. Bill of Sale 14369.036.doc 4of5 FO i WASHINGTON it ENGINEER'S CERTIFICATION CITY OF KENT KING COUNTY, WASHINGTON The figures used on the Bill of Sale for the Oakleigh I and II project dated April 12, 2013, for the same said Oakleigh I and II project. Chris Jensen, the undersigned P.E. or land surveyor is the person responsible for the preparation of the Bill of Sale and is an employee of Barghausen Consulting Engineers, Inc., the firm responsible for the preparation of the record drawings. �R1S JEFys� evA �C O 4 11111� Sigr ature (Engineer stamp required) Bill of Sale 14369.036.doc 5of5 This page intentionally left blank. KENT Agenda Item: Other Business — 8A TO: City Council DATE: February 4, 2014 SUBJECT: Financial policy Resolution - Adopt MOTION: Move to adopt Resolution No. , repealing Resolution No. 1859, amending financial policies to be used for guidance when enacting and amending the city budget. SUMMARY: This resolution amends the city's financial policies by clarifying the requirements and available uses for the city's Strategic Opportunities Fund, first, by confirming that non-recurring revenues only be applied to non-recurring expenses, and second, by confirming that monies will not be spent out of this fund unless the council first approves the expenditure. Additionally, we have added a new, aspirational goal designed to obtain exceptional financial stability by increasing our total government fund balance to a point where it should carry the city through future economic downturns. EXHIBITS: Resolution and Exhibit RECOMMENDED BY: Operations Committee YEA: Thomas — Ralph — Boyce (post meeting) NAY: BUDGET IMPACTS: None This page intentionally left blank. RESOLUTION NO. A RESOLUTION of the city council of the city of Kent, Washington, repealing Resolution 1859 and adopting financial, accounting, and budgetary policies intended to provide short and long-term guidance to city staff for the purpose of achieving financial stability and achieving goals established in the City Council's Strategic Plan. RECITALS A. As the council developed its strategic plan, it also created a new set of financial, accounting and budgetary policies that are intended to offer short and long-term guidance to city staff as the city moves toward accomplishing the goals established in the strategic plan. The council adopted these financial policies by resolution on June 5, 2012. B. Since implementing these policies, the council has determined that certain policies, such as the policy pertaining to the city's "Strategic Opportunities Fund," need clarification. Further, in order to be best prepared for future economic downturns, the policies have been amended to add an aspirational goal of building a solid financial reserve for all city funds. C. Just as the strategic plan reflects goals and a vision the city strives to achieve, these amended policies reflect the financial goals and vision for the city. Accordingly, the council implements these policies today with the 1 Financial Policies Resolution understanding that not all goals can be achieved immediately, but rather will be achieved over time. THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: RESOLUTION SECTION 1, - Recitals. The foregoing recitals are incorporated by this reference. SECTION 2, - Repealer. Resolution No. 1859, adopted on June 5, 2012, is repealed in its entirety. SECTION 3, - Policies Adopted. The city of Kent Financial Policies attached as Exhibit A are adopted. SECTION 4, - Severabilitv. If any one or more section, subsection, or sentence of this resolution is held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining portion of this resolution and that remaining portion shall maintain its full force and effect. SECTION S. - Effective Date. This resolution shall take effect and be in force immediately upon its passage. PASSED at a regular open public meeting by the city council of the city of Kent, Washington, this day of 2014. SUZETTE COOKE, MAYOR 2 Financial Policies Resolution ATTEST: RONALD F. MOORE, CITY CLERK APPROVED AS TO FORM: ARTHUR 11PAT" FITZPATRICK, ACTING CITY ATTORNEY I hereby certify that this is a true and correct copy of Resolution No. passed by the city council of the city of Kent, Washington, the day of 2014. RONALD F. MOORE, CITY CLERK (SEAL) P:\Civil\Pesolution\financial Policies 2014.docx 3 Financial Policies Resolution FINANCIAL POLICIES FINANCIAL STABILITY POLICIES General Fund Reserves — The target for the General Fund Contingency Reserve is 10% of the General Fund budgeted expenditures or an amount that will maintain sufficient cash flow, whichever is greater. The policy is designed to provide a fiscal cushion and meet seasonal cash flow shortfalls. If the General fund reserve goes below 10%, based on the ending fund balance on December 31 of each year, the City shall take steps to rebuild the reserve within the next fiscal year. Strategic Opportunities Fund — The City shall annually transfer any amount in excess of the 10% General Fund Contingency Reserve in the General Fund to this fund, after first funding the Contingency for Unanticipated Costs. This fund will act as if it is a permanent fund except that it may be used to take advantage of investment opportunities that may arise. For the purposes of this section, "investment opportunities" includes expenditures intended to increase city revenues or decrease operating or capital costs. To the extent the balance in this fund is not from a recurring revenue source, it should only be utilized for a non-operating purpose or one time expenditure. In addition, any appropriation from this fund must first be approved by the City Council. In the event any of this fund is used in an economic downturn to stabilize city finances, such appropriation shall be repaid to the fund annually over the next three years. Capital Reserve Fund — The City shall annually budget a minimum of $250,000 into a reserve for the general capital needs of the City. Such fund may be used for unanticipated capital needs typically resulting from a natural disaster. This fund is designated to act as a stabilization fund for general capital and may, with a specific appropriation by City Council, be used for investment in revenue producing capital projects or capital projects that reduce recurring operational expenditures. This fund shall be enumerated in the budget and accrue each year. Contingency for Unanticipated Costs — The City will annually budget no less than $500,000 in the General fund for unanticipated costs. This amount, if unused, will be transferred in to a project account until the amount reaches a maximum of $1,500,000. If the fund or any portion of it is used, the City shall restore the balance to its $1,500,000 within three years. Maintenance and Operational Planning — Maintenance of current assets shall take priority over new capital projects whenever possible. The City Council shall ensure that there are stable sources of revenue to fund ongoing maintenance of capital assets. Before any new capital asset is approved, staff shall present an estimate of the life cycle and maintenance cost. Such costs shall be included in the budgets for the following years. The City Council shall not approve of new capital projects unless there is funding for the ongoing maintenance of the asset. The City shall maintain an inventory of all City assets and costs of maintenance of those assets. Total Governmental Funds Reserves — As an aspirational goal, the City shall maintain a total governmental fund balance of twice the greatest volatility in year over year changes in total revenues or $30 million, whichever is greater. DEBT POLICIES Projects Funded by Bonds — The use of long-term debt shall be minimized. The City should issue debt only for major capital projects. Debt should only be authorized for projects where the life of the asset constructed or acquired exceeds the life of the debt. Debt Service— To ensure that the City always meets all of their debt obligations, payments on outstanding debt shall be the highest priority before payment for other capital expenditures. Interfund Borrowing - The City will use interfund borrowing where such borrowing is cost effective to both the borrowing and the lending fund, and the funds will not be needed by the loaning fund during the term of the loan. Such borrowing shall implement Council directed policy in a simplified manner, such as borrowing associated with interim financing for local improvement district projects. A repayment plan should be approved along with the loan. The Mayor may approve loans for a term of one year. The Council must approve loans with terms longer than one year. Exhibit A OPERATING BUDGET POLICIES City Target Issues-The City Council will update its strategic plan in the early spring of each year. The staff will use this plan for development of the following year's budget priorities and the next biennial budget. Budget Kickoff—The Mayor and City Council shall meet in the Spring of even numbered years to plan the following biennial budget and agree on the anticipated revenues on which the preliminary budget will be based. The City Council shall review revenue estimates and preview potential changes to revenues. The City Council shall then approve the revenue amount that will be used by the Mayor to form the initial preliminary budget. The Mayor and City Council will meet additionally in late Summer to re-review the revenue estimates to adjust them more closely to the additional revenue information that has become available with the passage of time. Any changes resulting from this meeting shall be incorporated into the preliminary budget to be considered by City Council. Program Reviews — The Mayor shall perform a periodic review of staff and programs of the City for both efficiency and effectiveness.Alternate methods of delivery will be evaluated for providing services. Programs that are determined to be inefficient, ineffective, or inconsistent with the City Council's strategic goals shall be reduced in scope or eliminated. Preliminary Budget — The Mayor shall propose a preliminary budget in the Fall of even numbered years. The preliminary budget will be developed in accordance with the revenues approved by the City Council at the budget kickoff as amended. If the preliminary budget is based on revenues in excess of those approved by City Council,the Mayor will present the justification for the increased revenues or the additional proposed revenue sources. Structurally Balanced Budget—The Mayor shall present, and the City Council shall adopt a budget in which ongoing revenues equal or exceed ongoing expenditures. One time revenues shall not be used to pay for recurring expenditures. Conservative Expenditure Budgeting-The City will maintain its conservative expenditure budgeting with respect to budgeting existing full time positions for a full year. Acceptance of Grants —The City shall review any requirements for ongoing costs from any grant for operational purposes. Any requirement to fund any portion of the costs as a condition of receipt of the grant shall be a consideration in the decision to accept or reject the grant. Self Supporting Proprietary Funds-The City's water, sewer and golf course enterprise funds will be self supporting along with its internal service funds. The cost of providing services is expected to be fully funded from charges for the service. If the funds produce a loss, rates will be adjusted to achieve, at minimum, a break even status. If debt has been issued which requires a certain level of return, rates and charges will be adjusted to achieve those returns. Health Insurance Reserves — The target reserve for the Health Insurance Fund shall be two times IBNR. Full Cost of Service — The City will define its basic services to our residents. The services will be evaluated as to their full cost. This information will be incorporated and presented as a section of the annual budget. Exhibit A REVENUE AND COLLECTIONS Aggressive Collection Effort- The City will follow an aggressive policy of collecting all monies due the City to the extent that the collection efforts remain cost effective. Reimbursements on a timely basis—Many grants occur on a cost reimbursement basis. To maximize the City's available investable funds, reimbursement should be pursued on a timely basis. User Charges Related to Costs - The City will review fees and charges on an annual basis and will modify charges to adequately keep pace with increasing costs of providing services. User Charges and Taxes Related to Market Rates- The City will consider its user charges and its tax rates in connection with those of comparable sized communities and similar service providers, so that it will provide reasonable rates to maintain its advantage in the market place in attracting businesses and residences to the City of Kent. CAPITAL BUDGETING Committed Special Revenue Funds - The City will maintain its practice of designating its street and capital improvement revenue sources including a percentage of its sales tax collections for the funding of its capital improvement program. Capital Improvement Program - The City will update its capital facilities plan on an annual basis as required by the Growth Management Act. A preliminary plan will be established early in the budgeting process to serve as a guideline during the year,with a final amendment adopted with the adoption of the operating budgets to reflect the necessary changes in the City's Comprehensive Plan. DEBT POLICIES Projects Funded by Bonds — The use of long-term debt shall be minimized. The City should issue debt only for major capital projects. Debt should only be authorized for projects where the life of the asset constructed or acquired exceeds the life of the debt. Debt Service— To ensure that the City always meets all of their debt obligations, payments on outstanding debt shall be the highest priority before payment for other capital expenditures. Bond Rating-The Citywill continue to strive to improve its bond rating by improving its financial stability. Debt Capacity - The City strives to maintain adequate available debt capacity for large top priority projects. Bonding Limitations— Direct General Obligation Debt will not exceed 1.5% of assessed value; direct and indirect debt will not exceed 4% of assessed value; duration of the debt will not exceed 15 years. Revenue Debt Covenants—Will be based on the volatility of the revenues. Arbitrage regulations—Will be strictly followed. Special Assessment Guaranty Fund-The City will strive to maintain adequate reserves for retirement of special assessment debt through the maintenance of a special assessment guaranty fund at least 10% of outstanding special assessment debt. Interfund Borrowing - The City will use interfund borrowing where such borrowing is cost effective to both the borrowing and the lending fund, and the funds will not be needed by the loaning fund during the term of the loan. Such borrowing shall implement Council directed policy in a simplified manner, such as borrowing associated with interim financing for local improvement district projects. A repayment plan Exhibit A should be approved along with the loan. The Mayor may approve loans for a term of one year. The Council must approve loans with terms longer than one year. INVESTMENT POLICY Investment Security&Earnings Maximization-An investment policy was implemented per Ordinance #3278 in 1996 which detail the City's investment guidelines. The primary objective is to preserve the principal of the investment portfolio while maximizing the portfolio's return. FINANCIAL REPORTING Reporting frequency — Monthly budget and actual reports will be available to departments and a quarterly report will be presented to the City Council Operations Committee. Annual Report—Will be completed within 180 days. Reporting Improvements-The City will strive to continue to make improvements in its financial reporting scheme so that information available to the public,the City's governing bodies and other city departments is timely and the best available for sound financial decisions. Bondholders'Report— The City will prepare an annual report to bondholders. Full Disclosure—All public reports will contain full and complete disclosure of all material matters. Financial Trend Monitoring - The City will develop a program to evaluate its financial condition and establish a system for correcting any deficiencies noted. Annual Audits - The City will assist the State Auditor's Office in whatever way possible in conjunction with the preparation of the annual audit,and will implement modifications identified bythe State Auditorto improve the City's internal control and financial practices. Updates to these Policies—The Operations Committee of the City Council shall review these policies at least every four years. It is recommended that the review is done biennially during the budget process. Exhibit A ACCOUNTING Generally Accepted Accounting Principles-The City will maintain its position as a leader in producing financial reports in conformance with generally accepted accounting principles and pronouncements by the Governmental Accounting Standards Board. Basis of Accounting - The basis for accounting for the general fund, special revenue, debt service, capital projects and agency funds is modified accrual. Modified accrual recognizes revenues when they become both measurable and available to finance expenditures of the current period. The basis of accounting forthe enterprise, internal service funds and pension trustfund is full accrual. The appropriate basis is used throughout the budgeting, accounting and reporting processes, with few exceptions as noted below. Full accrual is a method of accounting that matches revenues and expenses with the period to which they relate, rather than focusing on actual cash flows. In this method, for example, an asset is depreciated as it is "used up", and the expense is recognized in periodic increments, rather than assuming the asset holds its value until it is actually disposed of. However, since the focus in budgeting is on the revenues and expendable accounts, depreciation and amortization are not considered budgetary accounts, and are excluded from the budgeting system. Likewise, debt service and capital expenditures are presented as the payments occur, departing from GAAP in this regard, in the budget document. Also, Trust and Agency Funds that may not be expended for governmental operations are excluded from this budget document. The presentation of the program budget departs from the basis of the legal budget by eliminating inter city transactions and allocating the net increases or decreases from internal services to the using programs. This is done to give the user a more complete picture of the total costs of the operating programs. Exhibit A BUDGET AND ACCOUNTING STRUCTURE The City of Kent, as all governmental units, operates its budget and accounting system based on a fund structure. Funds are established to segregate specific revenue to ensure their expenditure within applicable legal and contractual provisions. Revenues are allocated to and accounted for in individual funds based on the purposes for which they are to be spent and the means by which the spending activities are to be controlled. The City of Kent operates with seven basic fund types. Within each fund type there may exist one or more individual funds. The City of Kent operates with 26 individual funds. The fund types are listed below under their three major subheadings. FUND/PURPOSE RELATIONSHIP TO OTHER FUNDS GOVERNMENTAL FUNDS General Fund The General Fund is the principal operating The General Fund "buys" services from the fund of the City. It accounts for the financial Internal Service Funds: fuel and rental of resources of the City which are not accounted vehicles from the Equipment Rental Fund; for in any other fund. Principal sources of supplies, postage, photocopy, printing and revenue are property taxes, sales and use graphics, cable TV services, data processing taxes, utility taxes, licenses and permits, state and telephone services from Central Services; shared revenues, charges for services and facility maintenance and operation services interest income. Primary expenditures are for from Facilities; and insurance from the general City administration, police and fire Insurance Fund. Costs are allocated to all protection, engineering and planning services, funds in an effort to distribute accounting, park and street maintenance, and cultural and budgeting, legal and human resource services recreational services. as well as street, engineering and park services. General Fund also transfers funds for minor projects. Special Revenue Funds Special Revenue Funds are used to account for Taxes and grants are collected in the Street specific revenue sources that would otherwise Fund, LEOFF1 Retirees Fund, Lodging Tax be accounted for in the General Fund, but for Fund, Youth Teen Programs Fund, Capital which there exists certain legal restrictions as to Improvement Fund, Criminal Justice Fund, the use of certain revenues. The revenue is Community Development Block Grant Fund, segregated into individual special revenue funds Other Operating Projects Fund, and the Kent to ensure expenditure for a designated purpose. Events Center Operating Fund. Transfers from Principal sources of revenue are: state shared the Street and Capital Improvement Funds are fuel tax, earmarked sales and utility taxes and primarily to the Capital Project Funds or the community development block grant funds. The LTGO Debt Service Fund. major portion of these resources are transferred to other funds for debt retirement, capital acquisition and specific purposes operations. Exhibit A BUDGET AND ACCOUNTING STRUCTURE FUND/PURPOSE RELATIONSHIP TO OTHER FUNDS Debt Service Funds Debt Service Funds are used to account for the The Debt Service Funds receive the transfers accumulation of resources to be used for the from the Special Revenue Funds, Water Fund retirement of general long-term debt. The City and Sewerage Funds to pay principal and has three types of general long-term debt for interest on LTGO debt issues. which resources are accumulated: general obligation long-term debt (voted, general obligation long-term debt and LTGO)and special assessment debt. Sources of revenue to fund the retirement of general obligation long-term debt are property taxes and transfers in from other funds. Special assessments are levied and received to retire special assessment debt. Capital Projects Funds Capital Projects Funds are used to account for Transfers are received from Special Revenue the financing of major one time only capital and other funds as a partial source of funds projects other than those financed by Proprietary needed to complete projects. Funds. Sources of revenue are: proceeds of debt issuance, grants, and transfers from other funds. PROPRIETARY FUNDS Enterprise Funds Enterprise Funds are used to account for the The Enterprise Funds "buy" services from the financing of services provided to the general Equipment Rental Fund for equipment rental and public where all or most of the costs involved are fuel; from the Insurance Fund for insurance paid for by user charges. Operations financed needs; from the Central Service Funds for as enterprise funds are operated in a manner stores, telephone, postage, photocopying, similar to private business enterprises. Kent's printing and graphics, cable TV services, data enterprise funds are funded through water, processing and telecommunications; and from sewer, and drainage utility charges and the Facilities Fund for facility maintenance and recreational charges at the City's golf complex. operation services. The Enterprise Funds also reimburse the General Fund for cost allocations for budgeting,accounting, human resource, legal and engineering costs which relate to Enterprise Funds. Other funds purchase utilities at the same rate as the general public. Exhibit A BUDGET AND ACCOUNTING STRUCTURE FUND/PURPOSE RELATIONSHIP TO OTHER FUNDS Internal Service Funds Internal Service Funds are used to account for Centralizes costs for equipment rental, central the financing of specific services performed by services and insurance. These services are designated organizations within the City for "sold" to other funds at cost plus a reserve for other organizations within the City. The City's future needs. Equipment Rental, Central Service, Facilities Maintenance and Planning, and Insurance Funds provide centrally administered services then generate revenue by billing the organization to which the service is provided. FIDUCIARY FUND TYPES Trust and Agency Funds Trust and Agency Funds are used to account for assets held by the City as trustee or agent for individuals, private organizations or other governmental units. Since their funds are not expendable for City operations they are not included in the budget. However, per state auditor requirements, estimates are provided for their activities. Exhibit A BUDGET AND SPENDING CONTROL SYSTEM Budgets serve as control mechanisms in the operations of governmental units. Legal budgetary (expenditure) control in the City of Kent is maintained at the fund level. Administration can amend budgets, with no overall dollar increase between departments, within a fund. Supplemental appropriations that amend total expenditures, or in the case of Proprietary Funds amend working capital, require a City Council ordinance. All operating budgets lapse at the end of the biennium. Within each year of the biennium, a single year allocation will be adopted and operate as if it were an annual budget. General and Special Revenue Funds control expenditures with a legal biennial budget at the fund level. Debt Service Funds operate under the control of the bond indentures which established them. Capital Projects Funds operate under the control of total project authorization, rather than the annual budget. Proprietary Funds control expenditures with a flexible budget whereby the expenditure increases must be offset by increased resources. Though budgetary control is at the fund level, budget and actual information is maintained by project, organization, program and object. Both budget and actual information is presented on a GAAP basis of accounting, when presented by fund. The City must adopt its biennial budget by December of the preceding fiscal year. This usually follows six months of analysis by staff and City Council. The first step involves the establishment of the baseline revenue budget by the City Council. The second step is to review the City Council Strategic Goals and begin budget development to assist in achieving those goals.Third, undertake a program review to ensure that current program offerings are in agreement with City Council goals and priorities. The emphasis is placed on the General and Special Revenue Funds since the operation of other funds are tied to ordinances, contractual agreements or separately established rate structures. Once the baseline operations have been reviewed and adjusted based on administrative policy, program expansion is included to the level of projected available resources after the establishment of sufficient fund balances. A mid-biennium review is undertaken during the second year of the biennium in which any changes to the initial estimates of revenues and expenditures are to be reviewed. Such changes will be presented by the Mayor and discussed by the City Council. Any agreed upon changes shall be approved with an ordinance adopting changes to the biennial budget. After the preliminary budget document is prepared, the City Council spends approximately one month reviewing it. Public meetings are held to gather public input. When the budget review and final adjustment period is complete a balanced budget as required by state law is adopted by ordinance. After adoption, periodic budget adjustments that affect total fund expenditures are made as approved by City Council, but a final budget adjustment ordinance covering all approved changes is adopted at year end or the beginning of the next biennium. This page intentionally left blank. FINANCIAL POLICIES FINANCIAL STABILITY POLICIES General Fund Reserves—The target for the General Fund Contingency Reserve is 10% of the General Fund budgeted expenditures or an amount that will maintain sufficient cash flow, whichever is greater. The policy is designed to provide a fiscal cushion and meet seasonal cash flow shortfalls. If the General fund reserve goes below 10%, based on the ending fund balance on December 31 of each year, the City shall take steps to rebuild the reserve within the next fiscal year. Strategic Opportunities Fund —The City shall annually transfer any amount in excess of the 10% General Fund Contingency Reserve in the General Fund to this fund, after first funding the Contingency for Unanticipated Costs. This fund will act as if it is a permanent fund except that it may be used to take advantage of investment opportunities that may arise .. AsTo the extent , this fund _"a" GAIY be 61t I Zed Lhen the first a roved b City Council. In the event any of this funds used inlanfeco omit dovvnt is pp y y y wnturn to stabilize city finances, such appropriation shall be repaid to the fund annually over the next three years. Capital Reserve Fund — The City shall annually budget a minimum of $250,000 into a reserve for the general capital needs of the City. Such fund may be used for unanticipated capital needs typically resulting from a natural disaster. This fund is designated to act as a stabilization fund for general capital and may, with a specific appropriation by City Council, be used for investment in revenue producing capital projectsr This fund shall be enumerated in the budget and accrue each year. Contingency for Unanticipated Costs—The City will annually budget no less than $500,000 in the General fund for unanticipated costs. This amount, if unused, will be transferred in to a project account until the amount reaches a maximum of$1,500,000. If the fund or any portion of it is used, the City shall restore the balance to its$1,500,000 within three years. Maintenance and Operational Planning — Maintenance of current assets shall take priority over new capital projects whenever possible. The City Council shall ensure that there are stable sources of revenue to fund ongoing maintenance of capital assets. Before any new capital asset is approved, staff shall present an estimate of the life cycle and maintenance cost. Such costs shall be included in the budgets for the following years. The City Council shall not approve of new capital projects unless there is funding for the ongoing maintenance of the asset. The City shall maintain an inventory of all City assets and costs of maintenance of those assets. Total Governmental Funds Reserves — As an aspirational coal, the City shall maintain a� Formatted:Font:Bold total governmental fund balance of twice the greatest volatility in year over year changes in Formatted:Indent:Left: 0.12" total revenues or$30 million, whichever is greater. DEBT POLICIES Projects Funded by Bonds—The use of long-term debt shall be minimized. The City should issue debt only for major capital projects. Debt should only be authorized for projects where the life of the asset constructed or acquired exceeds the life of the debt. Debt Service—To ensure that the City always meets all of their debt obligations, payments on outstanding debt shall be the highest priority before payment for other capital expenditures. Interfund Borrowing - The City will use interfund borrowing where such borrowing is cost effective to both the borrowing and the lending fund, and the funds will not be needed by the loaning fund during the term of the loan. Such borrowing shall implement Council directed policy in a simplified manner, such as borrowing associated with interim financing for local improvement district projects. A repayment plan should be approved along with the loan. The Mayor may approve loans for a term of one year. The Council must approve loans with terms longer than one year. BIDS This page intentionally left blank. REPORTS FROM STAFF, COUNCIL COMMITTEES, AND SPECIAL COMMITTEES A. Council President B. Mayor C. Administration D. Economic & Community Development E. Operations F. Parks & Human Services G. Public Safety H. Public Works I. Regional Fire Authority J. Other K. Other This page intentionally left blank. EXECUTIVE SESSION ACTION AFTER EXECUTIVE SESSION This page intentionally left blank. CITY OF KENT City Council Meeting Agenda I�� mt U r rt r m February 4, 2014 Mayor Suzette Cooke Darla Ralph, Council President Couneilr embers Jim Berrios Bill Boyce Dennis Higgins Deborah Ranniger Les Thomas s we CIFY CLERK y � This page intentionally left blank. KENT CITY COUNCIL AGENDAS KENT February 4, 2014 w s v ro Council Chambers Mayor Suzette Cooke Council President Dana Ralph Councilmember Jim Berrios Councilmember Bill Boyce Councilmember Dennis Higgins Councilmember Deborah Ranniger Councilmember Les Thomas ********************************************************************* SPECIAL COUNCIL WORKSHOP AGENDA 5:00 P.M. Subiect Speaker Time 2014 Top Departmental Issues Tom Brubaker 90 min COUNCIL MEETING AGENDA 7:00 p.m. 1. CALL TO ORDER/FLAG SALUTE 2. ROLL CALL 3. CHANGES TO AGENDA A. FROM COUNCIL, ADMINISTRATION, OR STAFF B. FROM THE PUBLIC — Citizens may request that an item be added to the agenda at this time. Please stand or raise your hand to be recognized by the Mayor. 4. PUBLIC COMMUNICATIONS A. Public Recognition B. Community Events C. Introduction of new Arts Commission Appointee, Lynn Bohart D. Introduction of new Land Use and Planning Board Appointee, Katherine Jones and Re-Appointee, Barbara Phillips E. Intergovernmental Reports 5. PUBLIC HEARINGS 6. PUBLIC COMMENT 7. CONSENT CALENDAR A. Minutes of Previous Meetings and Workshop — Approve B. Payment of Bills — Approve C. Appointment to Arts Commission — Confirm D. Appointments to Land Use and Planning Board - Confirm (Continued) COUNCIL MEETING AGENDA CONTINUED E. Refunding 2004 Limited Tax General Obligation Bond Ordinance — Adopt F. Budget Certification for Annexation Sales Tax Credit Resolution — Adopt G. Emergency Guardrail Repair Service Contract with Peterson Brothers, Inc. — Authorize H. 2013 Crack Sealing Project Completion — Accept I. Oakleigh I & II Bill of Sale- Accept 8. OTHER BUSINESS A. Financial policy Resolution - Adopt 9. BIDS 10. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES 11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION 12. ADJOURNMENT NOTE: A copy of the full agenda packet is available for perusal in the City Clerk's Office. The Agenda Summary page and complete packet are on the City of Kent web site at www.KentWa.gov An explanation of the agenda format is given on the back of this page. Any person requiring a disability accommodation should contact the City Clerk's Office in advance at (253) 856-5725. For TDD relay service call the Washington Telecommunications Relay Service at 1-800-833-6388. co m 0 n n < `< s a �. m m n M a s C co G ° j d vmi ° n' O d • � o ooi` 3a m m '^. a a m nm a no 0 a M d my m m mQ d O V,1 Z '-J' N W � m � 4j °'0 � � d 0 tt. nn Vl JO � Op_� am CO n m Q T` m T. 01 m a a � a ,01. � m °' s S • 0 m m m C m 0 ° S ° A. - O `G m m d 4 0 rt m J o m o _. rt < n m m o rt n m c m n n 4 rt M O �; a J J O _0 m '< d n • N m < O N R J p C ] N N C N O (l n -T` o m a < o rt m M. w, Ul m 01 m � n m m o m a m d a � a s a a m a 0 o N J � lIi J m n 7 N 7 G n m y F+ (7 In p� UI rt m N Dm O GG Q 0 n rt D O n Z V � 'O O m O Ul m N n OJ d N m O m OO CH W U N w m O J C O tt a 1 7 N • J 3 N ti n m n 0 G �Ip � v m c �• m U4 M m 2 V m O O � m 3 0 v 3 0 v i m a m 3 m O v 3 d O n s o o D o o m m a o o n ° D - o m s D D s m s m a cP m J Q m Q 3 o m a Q d m 3 ( 0 m o C rt 3 3 m 3 a C O a C1°. m W = d rt m a ° m0 aQ ° H am � 3 0aJnm33J '^ mnnZ � 01Jn mMC G 1 m J -n n n �' um n M -° a < m 1 n 01 m Q s 0 1 s :� 3 m n 1 D m a 01 0 1 m m m m m O r -°o m m m J = N m o = • � , d oJ • RD � QJ = a. xm art. =. 3 ' � S � 33n . m'< o � m a O !^. am ''�. -a Sn � � � c w � � N m m � � D aQo m3 0 � � a � m n � 6� m � � m � M v. o moms aJ � D ns ' � � mumJ � m ; .°o3 � C mn � rtn 03 m N S = 3 ``G J C m Z 3 m N N O n m ° O O N Z n °' 3 a 3 om W W C °� O S N vmi S O O 3 (' -M O m m m m C O d 1 O J n H Y Y j n m d m W d ° O -° d m 1D a 3 n o n s m m m a °- mG r .. d n 1° D aim -oo ,'� 37 Z; n n � nW m1mD ° " 3 � s � n ^ ON moon ° ° J °' Cm a - 3 m G a (D m 3 a 3 - m 3 , C 3 a - J 3 a (DC d J Q m ° � n m C m m _ 0 7 _ 3 3 C y 'm Ammo 3 0 o 'n a °- ,J'.o o_ D rt a m m S (D m m o m Q m m n � o m m _ oO M a m �O m e m c v m . O W'�° C 0 0 � 0 'a�' On � ^ 3 m J M m M 'm a a n n n P 3 m a ? m C a ? d c D D m: • 'm^ j 3m .. m � ' � 3Commn omm � ort3 m, sn m S J o d an (D J3 o3 m 3 a ° 0 o < d O d av - - 0m m -mo • y an d �a n o n � � a o J- n � '" 1° m m m m 3 I -O an d N d m m C O C W ` ``m n O " J m J d J N N m tt. o m U m m mo o o m d zo 0 a Ooa s O N m .r 30 O J N Jn m o n o ? DO a n C a m O J _. N M M c O C N S y n J m .� N S m 0 C n O O O_ J a m 10 _. N S m N .� - O This page intentionally left blank. CHANGES TO THE AGENDA Citizens wishing to address the Council will, at this time, make known the subject of interest, so all may be properly heard. A) From Council, Administration, or Staff B) From the Public This page intentionally left blank. PUBLIC COMMUNICATIONS A) Public Recognition B) Community Events C) Introduction of new Arts Commission Appointee, Lynn Bohart D) Introduction of new Land Use and Planning Board Appointee, Katherine Jones and Re-Appointee, Barbara Phillips E) Intergovernmental Reports This page intentionally left blank. PUBLIC HEARING This page intentionally left blank. PUBLIC COMMENT This page intentionally left blank. Agenda Item: Consent Calendar 7A - 7B CONSENT CALENDAR 7. City Council Action: Councilmember moves, Councilmember seconds to approve Consent Calendar Items A through E. Discussion Action 7A. Approval of Minutes. Approval of the minutes of the workshop and regular Council meeting of December 10, 2013. 7B. Approval of Bills. Approval of payment of the bills received through November 30 and paid on November 30 after auditing by the Operations Committee on January 21, 2014. Approval of checks issued for vouchers: Date Check Numbers Amount 11/30/13 Wire Transfers 5684-5694 $1,148,142.13 11/30/13 Regular Checks 678482-678852 $3,165,660.16 Void Checks ($104.90) 11/30/13 Use Tax Payable $1 290.72 $4,314,988.11 Approval of payment of the bills received through December 15 and paid on December 15 after auditing by the Operations Committee on January 21, 2014. Approval of checks issued for vouchers: Date Check Numbers Amount 12/15/13 Wire Transfers 5695-5714 $2,044,626.90 12/15/13 Regular Checks 678853-679223 $2,045,487.95 Void Checks ($0.00) 12/15/13 Use Tax Payable $1 414.29 $4,091,529.14 Approval of payment of the bills received through December 31 and paid on December 31 after auditing by the Operations Committee on January 21, 2014. Approval of checks issued for vouchers: Date Check Numbers Amount 12/31/13 Wire Transfers 5715-5727 $1,375,632.00 12/31/13 Regular Checks 679224-679539 $3,099,891.45 Void Checks ($675.00) 12/31/13 Use Tax Payable $162.74 $4,475,011.19 Approval of checks issued for payroll for November 16 through November 30 and paid on December 5, 2013: Date Check Numbers Amount 12/5/2013 Checks 333708-333824 $ 91,543.70 Voids and Reissues 12/5/2013 Advices 322206-322830 1,569,071.57 $1,660,615.27 Approval of checks issued for payroll for December 1 through December 15 and paid on December 20, 2013: Date Check Numbers Amount 12/20/2013 Checks 333825-333949 $ 77,667.53 Voids and Reissues 12/20/2013 Advices 322831-323460 1,299,170.40 $1,376,837.93 Approval of checks issued for payroll for December 16 through December 31 and paid on January 3, 2014: Date Check Numbers Amount 1/3/2014 Checks 333950-334083 $ 66,870.91 Voids and Reissues 1/3/2014 Advices 323461-324081 1,251,884.88 $1,318,755.79 11 � KENT Kent City Council Workshop January 21, 2014 The meeting was called to order at 5:30 p.m. by Council President Ralph. Councilmembers present: Ralph, Berrios, Higgins, Ranniger, and Thomas Council President Ralph discussed the application process for the Council vacancy. She highlighted how to apply and verified that the Council would review applications at a special meeting on February 11, 2014 at 6:00 p.m. Council Retreat Dates — Council President Ralph communicated that the Council Retreat would be March 21 and 22 at the Green River Community College. Councilmember Ranniger suggested an email be sent to Councilmembers. IS 402 Training - Dominic Marzano, Emergency Management Director discussed IS- 402. He communicated that it is a class for executives and senior officials (policy makers) and trains them how to better manage events and make policy decisions. He noted that best practices will also be communicated in the class. He noted that the class is for South King County officials and urged Council participation in the class. He also communicated that he will be speaking to MLT next Monday concerning a class for them because of some new equipment in the emergency communication center (ECC). Councilmember Higgins verified that the training is February 12 from 6:00 p.m. to 8:00 p.m. Marzano also suggested that the Mayor bring the Acting City Attorney to the class to go over policy decisions. Council President Ralph communicated that she felt this would be a good opportunity for the Council. She said there is a lot involved and this is a detailed process. She noted that at the South County Area Transportation Board meeting there was a discussion about what cities have set up in case of an oil spill because of the increase of oil tanker ships in the Puget Sound. Marzano confirmed that the City does have a plan set up. B&O Tax Amendments — Robert Nachlinger, Finance Director discussed the preliminary amendments to the B&O tax ordinance. He communicated that it was adopted a little over a year ago and the City has received about three quarters of the projected revenues. He noted that there is an inconsistency between local codes and that has caused confusion to firms who have to file B&O in numerous cities. He reviewed Bellevue, Seattle, and Tacoma's exemptions and said staff proposes to exempt all 501(c) organizations to include homeowner associations, unions, fraternal organizations, and others who are not engaging in retail activities. Councilmember Higgins verified that there are a couple of organizations that are 501(c) status that engage in retail sales such as Goodwill and Children's Hospital. Kent City Council Workshop Minutes January 21, 2014 Councilmember Ranniger inquired about the financial impact and Nachlinger replied that it would be about $25,000 per year. Nachlinger continued and discussed filing status and frequency. He noted that having all firms file quarterly this first year has provided the City with data. Almost 1,600 firms have paid and 36 percent of them (576) have paid over $1,000 quarterly and this, he noted makes up 92 percent of the total tax revenues collected. He continued and said 64 percent have paid less than $1,000 and less than 8 percent of the total revenues collected. He suggested that the firms who have paid less than $1,000 be reverted to annual collections based on these numbers. Discussion continued on how they would be reverted to annual collections and Nachlinger communicated that the Finance Department could send them a letter communicating this. He also stated that the staff did not recommend having a "non- filing status" so the City could continue to maintain information concerning businesses. Councilmember Higgins verified that only Bellevue and Tacoma have a non-filing option and Nachlinger communicated their amounts. Councilmember Higgins discussed the administrative expenditures concerning the B&O tax. Councilmember Berrios verified the department was down an auditor. He also confirmed with Nachlinger that they haven't gotten the data concerning most of the seasonal firms. However, the data should come in February or March. Council President Ralph verified with Brubaker that an ordinance would be drafted and brought to Council for adoption. Council President Ralph stated she is comfortable with this and agreed with the process of letting businesses know they have been moved to an annual filing status. Councilmember Thomas suggested the ordinance be retroactive and if they have paid this past year they have their funds refunded and not penalized. Fitzpatrick communicated that his staff will look into doing that. Councilmember Berrios communicated that the process needs to be fair and accountable. He said the policy needs to be consistent and take into account who paid and who didn't based on the legislation the Council passed. Council President Ralph stated that it seems best to stay the course and make revisions at the end of the year. Nachlinger stated that there are 145 3PLs and based on the amount of revenues generated from their B&O tax compared to their square footage tax returns, the square footage tax amount was 3.5 times their B&O tax amount. He stated that the B&O is working exactly as it was intended to. He communicated that there is an argument concerning companies that don't do many deliveries into Kent, but they are 2 Kent City Council Workshop Minutes January 21, 2014 making more money than what is being reported. He stated that the tax is designed to get some mitigation from companies that destroy the cities roads. Councilmember Higgins inquired about the federal research and development funds and Nachlinger communicated that since the City gave an exemption he wasn't sure how much it was for. Councilmember Berrios stated that the Chamber discussed that with Boeing and they didn't know what the number was either. Council President Ralph verified that they weren't required to report those federal funds to the City. Mayor Cooke clarified that the 3PLs aren't seeking an exemption, but a reduced rate due to the square footage tax compared to their gross revenues that would be with the B&O tax. She communicated that if the Council decides that they don't want 3PLs the businesses can easily go to local cities. She recommended the Council look at the entire picture and realize that the surface isn't equal. Councilmember Higgins stated these businesses are creating truck traffic so the B&O tax makes sense. He also added that the other tax seems appropriate, too. Councilmember Thomas communicated that he would like to remain competetive and verified with the Mayor that there are ten 3PL companies. Additionally, the Mayor added that she wasn't sure how much of the product they are storing is from local businesses. Councilmember Ranniger stated that there have been challenges with the streamline sales tax for a while now. She stated the other policy question is whether to rezone the area to retail. She said that if the City discourages these types of businesses because of the B&O tax, the City needs to prepare to decide what it wants to see in those properties. Council President Ralph questioned if the conversation should be left open or have these amendments brought forward. Councilmember Ranniger stated she would like to see the 501(c) exemption be brought forward and continued discussion on the 3PLs. Councilmember Berrios confirmed that there were ten CPLs and added that the City needs to attract and keep current businesses here. He stated he wasn't sure of the details with the 3PLs. However, he questioned if the City should allow current businesses to grow in their current space and investigate exemptions to these businesses. He suggested investigating if the City is collecting the proper amounts from these businesses. Nachlinger verified that they are looking for reductions in their rates, not exemptions. 3 Kent City Council Workshop Minutes January 21, 2014 Mayor Cooke verified with Council President Ralph that this item should go to the Economic and Community Development Committee. Council President Ralph communicated that there is consensus to move the 501(c) revisions to the Operations Committee. Councilmember Higgins discussed the Sound Transit proposal for gas taxes which would end up being $3.1 million to the City of Kent for transportation. Councilmember Thomas communicated that he is against the item. Council President Ralph communicated that the King County Council is discussing two different packages and need to decide before March 7 whether or not to go to a ballot measure. She added that they are also discussing bus fare increases. Councilmember Higgins communicated that he felt the item is likely to pass county wide and $3.1 million would be good for closing the gap in transportation maintenance. Council President Ralph communicated that Thomas is against, Higgins is in favor, Ranniger is neutral, and Berrios wants more information. She concluded that she will communicate to the South County Area Transportation Board that the Kent City Council is neutral on this item. Councilmember Thomas communicated that a sixty dollar increase in tabs invites Eyman to create something worse. Councilmember Higgins agreed, but noted that Eyman wants these to come to a vote of the people. Council President Ralph communicated that it technically isn't sixty dollars, the current twenty dollar vehicle registration tax would drop off and be sixty dollars, thus forty dollars more. She also informed the Council to discuss this item with Councilmember Boyce. Brubaker noted that this is Nachlinger's last Council workshop and is leaving the City in very good shape and thanked him for his service to the City of Kent. Nachlinger stated that he is looking forward to his retirement. The meeting adjourned at 6:15 p.m. Ronald F. Moore, MMC City Clerk 4 KENT Kent City Council Meeting January 21, 2014 The regular meeting of the Kent City Council was called to order at 7:01 p.m. by Mayor Cooke. Councilmembers present: Higgins, Berrios, Boyce, Ralph, Ranniger, and Thomas. CHANGES TO THE AGENDA A. From Council, Administration, Staff - Brubaker communicated that the item in front of the Councilmembers' dias was the attachment to the Transportation Improvement Board grant. B. From the Public - None. PUBLIC COMMUNICATIONS A. Oath of office, Councilmember Jim Berrios - City Clerk Ronald F. Moore swore in Jim Berrios as Councilmember Position No. 2. B. Public Recognition 1. Kent Parks Foundation Donation - Jeff Watling, Parks and Recreation Director introduced Mark Prothero, President of the Kent Parks Foundation who presented the city of Kent with a check for $9,532.57. Prothero also discussed the "Kent Dancing with the Stars" and communicated that the event raised $13,846.15. Mayor Cooke thanked Prothero and verified that people who wanted to get in donating or raising funds for Kent's recreation program could speak to Sandy Pedersen. 2. Award for Men's "E" Western National ASA Softball Tournament to the City of Kent - Jeff Watling, Parks and Recration Director introduced Mike Raven from the Amateur Sports Association (ASA). Raven thanked the Kent City staff and presented the James Ferrell Award to Mayor Cooke and the city of Kent. Mayor Cooke thanked Raven and the city of Kent Parks staff. C. Community Events - Mayor Cooke announced that the "You-Me-We" event is this Friday at the ShoWare Center, January 24 at 6:00 p.m. She encouraged the public to attend the free event. Mayor Cooke also noted that her "State of the City Address" wil be at the ShoWare Center during the Chamber of Commerce Luncheon on February 5 at 12 noon. She also added that it will be online and on the City's cable station. D. Introduction of new Arts Commission Appointee, Jennifer Treese - Mayor Cooke communicated that she interviewed her for the position. Kent City Council Meeting Minutes January 21, 2014 Treese communicated that she found the vacancy online and said she has been doing cultural things for over a decade now. She added that her employer is Blue Origin, a rocket company in Kent. E. Public Safety Report - Police Chief Ken Thomas discussed Mike Buckingham and his memorial service last Thursday. He discussed Buckingham's service to the City and people. He noted that he lost his battle with cancer on January 2, 2014. Council President Ralph discussed Buckingham and her son's experience with him. She stated that she was fortunate enough to meet him and work with him the last couple of years. She said he has had a tremendous impact on the City and will truly be missed. Thomas discussed the year end report. He noted that commercial burglary is unchanged and there has been a 21 percent reduction in residential burglaries from 2012 to present. He noted that robbery is down 13 percent. He noted that vehicle theft is only up 2 percent compared to the rampant vehicle theft rate in King County. Thomas presented Christin Jordan with the Police Chiefs Award of Accomodation. He communicated that Jordan was instrumental in a stolen car recovery and preventing a residential burglary. Thomas presented Shanelle Mozique with the Police Chief's Award of Accomodation. He explained that Mozique, while in the middle of a home invasion, called the police department during the robbery. He noted that the police successfully caught two of the three suspects. Thomas presented Officer Whisteric and Officer Nixon with the Police Department Lifesaving Medal for saving the life of Lewis Drake. Drake submitted a letter to the Police Chief, which he read. Thomas communicated that the City is in the top ten of all cities with a population of 250,000 or less for their efforts with National Night Out, which is run by Sarah Wood. Sarah Wood communicated that the event will be on August 10, 2014 this year. Thomas introduced four new officers, Siitupe Coffin, Kamal Sharif, Andrew Richardson, and Brittany Rios. He discussed each of their backgrounds, work experience, and education. Mayor Cooke swore in the four officers. Thomas introduced newly hired Corrections Officer Ian Lentz and Records Specialists Julie Farris, Ashley Orlowski, Christy Roeber, and Crystal Sundquist. He highlighted their work history and gave a brief backgound of their education and personal lives. Thomas presented a Chief's Award of Accomodation to Councilmember Berrios for performing CPR on a patient who suffered a medical emergency. Mayor Cooke presented Chief Ken Thomas with his city of Kent 25 year service plaque. 2 Kent City Council Meeting Minutes January 21, 2014 F. Intergovernmental Reports - Council President Ralph communicated that the South County Area Transportation Board met concerning express toll lanes being added on Interstate 405 between Lynnwood and Bellevue and the addition of express toll lanes on Interstate 167. She said the Lynnwood connection is going on now is expected to open in 2016 and the 167 should be done a couple of years after that. She noted that the 405 project will feature a new definition of what a carpool is and they are suggesting three person carpools. Councilmember Higgins stated that he is serving on the Sound Cities Association Board of Directors and their board retreat is January 31. He said he is also serving on the King County Regional Transit Committee and has heard the proposal concerning funding transit. He stated that the King County Executive can't wait on legislature so they are going forward to create a Transportation Benefit District countywide which would mean the twenty dollar car tab going up to sixty dollars and a 0.1% sales tax. Sixty percent of the revenues would go to King County for Metro, saving 600,000 service hours, including five routes in Kent and the remaining 40 percent would go to cities. Councilmember Boyce noted that he represents the City on the board and received consensus from the Council to present a neutral vote on this item for the Kent City Council until the entire package is reviewed. He noted that the next meeting is February 12. Councilmember Thomas thanked Councilmember Berrios for his efforts in helping save a man's life on January 1st. He noted that it was discussed at the Regional Fire Authority meeting. PUBLIC HEARINGS None. PUBLIC COMMENT Mayor Cooke discussed the council seat vacancy and communicated that Council President Ralph will discuss the item under Other Business. 1. Pauline Barrett, Kent - Barrett discussed the possible development of a marijuana processing facility by her home. She communicated that the facility would be in the center of a large residential area with high school children in the neighborhood. She expressed concerns with security if this business is allowed to open. 2. Bill Doolittle, Kent - Doolittle communicated that when I-502 was adopted people wanted it legalized and taxed. He stated that Kent is going out of their way to prevent marijuana authorization and said he read that the City would be zoned to prevent it. He urged the City to work with the liquor board to get this implemented. He said marijuana is currently being sold, consumed, and created in the City of Kent. 3 Kent City Council Meeting Minutes January 21, 2014 3. Thomas L. Brice, Kent - Brice discussed the Par 3 golf course and the vision of the City. He said a committee has been formed by five residents and they have submitted suggestions and ideas of what could be done concerning the course. He noted that there is a debt and if you look at the books, the golf course isn't the problem. He suggested the course be closed in the winter. 4. Martin Plys, Kent - Plys communicated that there is a $1.9 million surplus. He said if there is a surplus it should be applied to the ShoWare Center and the golf course should be sold. Mayor Cooke verified that there isn't a surplus. Plys opposed having any marijuana facilities in Kent. CONSENT CALENDAR Council President Ralph moved to approve Consent Calendar Items A through P, seconded by Councilmember Thomas. A. Minutes of the workshop and regular Council meeting of January P 2014 - Approved B. Appointment to Arts Commission —The Council confirmed the appointment of Jennifer Treese to the Kent Arts Commission for a four year term ending October 31, 2017. C. King County Solid Waste Division Waste Reduction & Recycling Grant - Approved. - The Mayor was authorized to accept the Waste Reduction and Recycling Grant Contract in the amount of $89,835 for 2014, and amend the budget and authorize the expenditure of funds in accordance with the terms and conditions of the grant, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. D. Seattle-King County Health Department Local Hazardous Waste Management Program/Recycling Event Grant- Approved. The Mayor was authorized to accept the Local Hazardous Waste Management Program Contract in the amount of $32,278.87 for 2014, and amend the budget and authorize the expenditure of funds in accordance with the terms and conditions of the grant, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. E. Contract with Olympic Environmental for 2014 -15 Residential Recycling Collection Events- Approved. The Mayor was authorized to sign the Consultant Services Agreement with Olympic Environmental Resources for Waste Reduction and Recycling Activities and Programs for 2014 - 2015 in the amount of $185,551.00, subject to final terms and conditions acceptable to the City Attorney and the Public Works Director. F. SR 516 to S 2315t Way Levee North Reach Improvements, Change order No. 1- Approved. The Mayor was authorized to approve Change Order No. 1 to SCI 4 Kent City Council Meeting Minutes January 21, 2014 Infrastructure, LLC in an amount not to exceed $194,059.46 for unanticipated construction costs on the SR 516 to South 231st Way Levee, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. G. Central Avenue South Improvements Federal Grant- Accept. The Mayor was authorized to accept a Federal Grant in the amount of $300,000 for the design phase of the Central Avenue South Pavement Preservation Project, and amend the budget and authorize expenditure of the funds in accordance with the terms and conditions of the grant, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. H. Kent Interurban Trail Connector Proiect Grant — Accept. The Mayor was authorized to sign the grant agreement in the amount of $727,500 with the Washington State Department of Commerce for the Kent Interurban Trail Connector Project and amend the budget and authorize expenditure of the funds in accordance with the terms and conditions of the grant, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. I. South 224th Street Improvements, Phase 2 Transportation Improvement Board (TIB) Grant- Accept. The Mayor was authorized to accept a grant from the Washington State Transportation Improvement Board for Phase 2 of the South 224th Street Improvement Project and sign a letter to the TIB requesting to combine Phases 1 and 2 into one project, amend the budget and authorize expenditure of the funds in accordance with the terms and conditions of the grant, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. J. Washington Auto Theft Prevention Authority (WATPA) Patrol Task Force 2013 — 2015 Grant- Accept. The Mayor was authorized to accept the Washington Auto Theft Prevention Authority grant award in the amount of $74,983, authorize amending the budget and authorize expenditure of the funds in accordance with the terms and conditions of the grant, acceptable to the City Attorney and Police Chief. K. Ordinance Amending Kent City Code Chapter 9.02, Lewd Conduct — Adopt. The Council adopted Ordinance No. amending Chapter 9.02 by establishing crimes relating to lewd conduct, by amending sections relating to prostitution loitering and by adding new areas which fall within the scope of the stay out of areas of prostitution orders. L. 2012 Vehicle Detector Loops Proiect Completion — Accept. The Mayor was authorized to accept the 2012 Vehicle Detector Loops Project as complete and release retainage to Totem Electric of Tacoma, Inc., upon receipt of standard releases from the state and the release of any liens. M. 2013 Thermo Plastic Markings Proiect Completion - Accept. They Mayor was authorized to accept the 2013 Thermo Plastic Markings Project as complete and release retainage to Stripe Rite Inc., upon receipt of standard releases from the state and the release of any liens. 5 Kent City Council Meeting Minutes January 21, 2014 N. 2013 Vehicle Detector Loops Proiect Completion — Accept. The Mayor was authorized to accept the 2013 Vehicle Detector Loops Project as complete and release retainage to Totem Electric of Tacoma, Inc. upon receipt of standard releases from the state and the release of any liens. 0. Hawley Road Levee Improvements Phase I Proiect Completion — Accept. The Mayor was authorized to accept the Hawley Road Levee Improvements Phase I Project as complete and release retainage to SCI Infrastructure LLC, upon receipt of standard releases from the state and the release of any liens. P. Horseshoe Bend and Upper Russell Road Levee Planting Proiect Completion — Accept. The Mayor was authorized to accept the Horseshoe Bend and Upper Russell Road Levee Plantings Project as complete and release retainage to Restoration Logistics, upon receipt of standard releases from the state and the release of any liens. OTHER BUSINESS A. Council Position No. 6 - Appointment Process - Mayor Cooke introduced the item. Council President Ralph communicated the process and noted that the process will be posted on the City's website and a handout was given to those in attendance by City Clerk Moore. Councilmember Boyce inquired what would happen with current applications and Councilpresident Ralph communicated that she would communicate with anyone who has previously submitted an application and inform them of the current process. Councilmember Thomas inquired about the position and the process. Acting City Attorney Fitzpatrick noted that the appointment lasts until the November 2015 election is certified and whoever is elected at the general election will serve the rest of the term. 1. Anna Davis, Kent - Davis discussed the process and inquired if the candidate that also ran for the position in November could be considered and not have to reapply. Mayor Cooke replied that the candidate needs to submit an application and go through this process. She further explained the election process and said it is set up by state law and it is up to the Council to interview and selects a candidate. She further explained that it wasn't an option to have the runner-up in the November election considered. Council President Ralph also replied that this is the appointment process and that once the November election is certified it is over. She also communicated that this information will be on the website, channel 21, in the Kent Reporter, and announced at Neighborhood Council meetings, etc. BIDS 6 Kent City Council Meeting Minutes January 21, 2014 A. Briscoe-Desimone Levee Improvements, Reaches 2 and 3 - Tim LaPorte, Public Works Director introduced the levee improvements. He displayed the levee, why the improvements are needed, and what the improvements would entail. He communicated that there were ten excellent bids and has checked out the qualifications of the lowest bidder, Tapani, Inc. LaPorte explained to Mayor Cooke why this item wasn't heard at a committee, noting that a bid award doesn't go to committee, but straight to the Council. Councilmember Higgins moved to authorize the Mayor to award the bid for the Briscoe-Desimone Levee Improvements Reaches 2 and 3 project to Tapani, Inc., in the amount of $6,709,555.56 and authorize the Mayor to sign all necessary documents, subject to the final terms and conditions acceptable to the City Attorney and Public Works Director, seconded by Council President Ralph. Motion carried 6-0. LaPorte communicated that King County Flood District wants a groundbreaking ceremony for this levee improvement this spring. Mayor Cooke agreed and communicated that the City should also look at what park element should be added to the south. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES A. Council President. Ralph stated that the B&O tax was discussed in the workshop meeting and that the Council decided to hold off on any amendments to it at this time. She stated that there will be a 501(c) item exemption going forth as a draft to the Operations Committee and an item concerning 3PLs going to the Economic and Community Development Committee at a later date. B. Mayor. No report. C. Administration. No report. No executive session tonight. D. Economic & Community Development Committee. Councilmember Boyce communicated that the next meeting is February 10. E. Operations Committee. No report. F. Parks and Human Services Committee. No report. G. Public Safety Committee. No report. H. Public Works Committee. Councilmember Higgins communicated that the meeting yesterday was postponed and the next meetig is January 27. I. Regional Fire Authority. Councilmember Thomas communicated that he stepped down as chair and Mike Denfro is the chair and Higgins is the deputy chair. EXECUTIVE SESSION ACTION AFTER EXECUTIVE SESSION 7 Kent City Council Meeting Minutes January 21, 2014 No executive session was held. ADJOURNMENT The meeting adjourned at 8:38 p.m. Ronald F. Moore, MMC City Clerk 8 40. KF14 Agenda Item: Consent — 7C TO: City Council DATE: February 4, 2014 SUBJECT: Appointment to Kent Arts Commission — Confirm MOTION: Confirm the Mayor's appointment of Lynn Bohart to the Kent Arts Commission. SUMMARY: Confirm the appointment of Lynn Bohart to the Kent Arts Commission for a four year term ending October 31, 2017. Lynn Bohart submitted an application for appointment to the Kent Arts Commission to fill a vacant four year term. Lynn is Executive Director of the Renton Community Foundation and remains an avid supporter of the arts. Lynn's belief is that a vibrant arts community speaks to the soul of a city. Lynn holds a Master's Degree in theater and has worked in Community Theater over the years. She is a published mystery writer on Amazon.com, teaches writing through the Kent Parks Department and Green River Community College's Continuing Education program. She has served on the Lane County Arts Council Board while living in Oregon and has served on the Vancouver Arts Commission before moving to Kent. Lynn's commitment to the Kent community and her active role in the arts makes her an exceptional candidate for the Kent Arts Commission, and I am pleased to recommend Lynn Bohart for your confirmation. RECOMMENDED BY: Mayor Suzette Cooke BUDGET IMPACTS: None This page intentionally left blank. KENT ° Agenda Item: Consent — 7D TO: City Council DATE: February 4, 2014 SUBJECT: Appointments to Land Use and Planning Board — Confirm MOTION: Confirm the Mayor's appointment of Katherine Jones and re- appointment of Barbara Phillips to the Land Use & Planning Board. SUMMARY: Confirm the appointment of Katherine Jones and re-appointment of Barbara Phillips to the Land Use & Planning Board each for a three year term ending December 31, 2016. Katherine Jones made application for appointment to the Land Use & Planning Board for a three-year term. Kathi, a Realtor with John L. Scott, lives in The Lakes community, and feels her service on the LUPB will assist in promoting a healthier and improved environment for all Kent citizens. Kathi's work as a realtor gives her an understanding of the Smart Growth principles involving citizens, public officials and stakeholders working together to plan ahead for development. Kathy has attended many LUPB meetings and city council meetings in an effort to stay abreast of issues confronting our community. She was an interested participant in the Midway Project, the Cottage Housing Project, and is head of The Lakes Neighborhood Council Kathi's commitment to the Kent community makes her an ideal candidate for the Land Use & Planning Board, and I am pleased to recommend Kathi Jones for your confirmation. Barbara Phillips was first appointed to the Land Use & Planning Board in November, 2007, expressing her desire to be an integral part of the City's development and future prosperity. Her reappointment will begin her third term which will expire on December 31, 2016. Barbara has lived in Kent for over 20 years and currently is President of the Community Network Council which works to connect youth with resources that will help them become successful. I am pleased to recommend re-appointment of Barbara Phillips to the LUPB. RECOMMENDED BY: Mayor Suzette Cooke BUDGET IMPACTS: None This page intentionally left blank. • Nl- KENT Agenda Item: Consent- 7E TO: City Council DATE: February 4, 2014 SUBJECT: Refunding 2004 Limited Tax General Obligation Bond Ordinance - Adopt MOTION: Move to adopt Ordinance No. , approving the refunding of the 2004 Limited Tax General Obligation bonds. SUMMARY: The 2004 LTGO bonds are callable at par on June 1, 2014 and may be called 90 days in advance of the call date. This transaction would save an estimated $700,000 over the eight year life of the bonds by issuing refunding bonds at a lower interest rate. The existing bonds would be retired as of June 1 and defeased. EXHIBITS: Ordinance RECOMMENDED BY: Operations Committee YEA: Thomas - Ralph - Boyce (post meeting) NAY: BUDGET IMPACTS: This transaction would reduce the debt service cost paid by the Capital Improvements Fund by approximately $87,500 annually over the next eight years. This page intentionally left blank. ORDINANCE NO. AN ORDINANCE OF THE CITY OF KENT, WASHINGTON, PROVIDING FOR THE ISSUANCE OF LIMITED TAX GENERAL OBLIGATION REFUNDING BONDS OF THE CITY IN THE AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $14,000,000 TO REFUND CERTAIN OUTSTANDING LIMITED TAX GENERAL OBLIGATION BONDS AND TO PAY COSTS OF ISSUING THE BONDS; PROVIDING THE FORM AND TERMS OF THE BONDS; AND DELEGATING THE AUTHORITY TO APPROVE THE FINAL TERMS OF THE BONDS. PASSED: FEBRUARY 4, 2014 PREPARED BY: PACIFICA LAW GROUP LLP Seattle, Washington CITY OF KENT ORDINANCE NO. TABLE OF CONTENTS* Page SECTION 1. - Definitions and Interpretation of Terms 2 SECTION 2. - Authorization of Bonds and Bond Details 8 SECTION 3. - Registration, Exchange and Payments 9 SECTION 4. - Redemption Prior to Maturity and Purchase of Bonds 15 SECTION 5. - Form of Bonds 20 SECTION 6. - Execution of Bonds 22 SECTION 7. - Refunding Plan; Application of Bond Proceeds 23 SECTION 8. - Tax Covenants 26 SECTION 9. - Bond Fund and Provision for Tax Levy Payments 29 SECTION 10. - Defeasance 30 SECTION 11. - Sale of Bonds 31 SECTION 12. - Undertaking to Provide Ongoing Disclosure 33 SECTION 13. - Lost, Stolen or Destroyed Bonds 38 SECTION 14. - Severability; Ratification 38 SECTION 15. - Effective Date of Ordinance 40 * This Table of Contents is provided for convenience only and is not a part of this ordinance. -1- 01/14/14 CITY OF KENT, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF KENT, WASHINGTON, PROVIDING FOR THE ISSUANCE OF LIMITED TAX GENERAL OBLIGATION REFUNDING BONDS OF THE CITY IN THE AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $14,000,000 TO REFUND CERTAIN OUTSTANDING LIMITED TAX GENERAL OBLIGATION BONDS AND TO PAY COSTS OF ISSUING THE BONDS; PROVIDING THE FORM AND TERMS OF THE BONDS; AND DELEGATING THE AUTHORITY TO APPROVE THE FINAL TERMS OF THE BONDS. A. The City of Kent, Washington (the "City") has outstanding its Limited Tax General Obligation Refunding Bonds, 2004, issued pursuant to Ordinance No. 3682 adopted by the City Council (the "Council") of the City on March 16, 2004 (the "2004 Bond Ordinance"), which remain outstanding as follows: Maturity Date (December 1) Principal Amount Interest Rate 2014 $ 1,875,000 5.000% 2015 1,750,000 5.250 2016 1,625,000 5.250 2017 1,445,000 5.250 2018 1,265,000 5.250 2019 1,280,000 4.000 2020 2,030,000 4.000 2021 1,325,000 4.125 (the "2004 Bonds"); and B. The 2004 Bond Ordinance provides that the City may call the 2004 Bonds maturing on or after December 1, 2014 (the "Refunding Candidates") for redemption on or after June 1, 2014, in whole or in part at any time, at a price of par plus accrued interest, if any, to the date of redemption; and C. After due consideration it appears to the Council that all or a portion of the Refunding Candidates may be defeased and refunded by the proceeds of limited tax general obligation refunding bonds at a savings to the City and its taxpayers; and D. The Council deems it in the best interest of the City to issue limited tax general obligation refunding bonds in the aggregate principal amount of not to exceed $14,000,000 (the "Bonds") to redeem and defease all or a portion of the Refunding Candidates and to pay costs of issuing the Bonds; and E. The Council wishes to delegate authority to the Mayor (the "Designated Representative"), for a limited time, to approve the interest rates, maturity dates, redemption terms and principal maturities for the Bonds within the parameters set by this ordinance; and F. The City expects to receive a proposal from KeyBanc Capital Markets Inc. (the "Underwriter") and now desires to issue and sell the Bonds to the Underwriter as set forth herein; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DO ORDAIN as follows: SECTION 1. - Definitions and Interpretation of Terms. (a) Definitions. As used in this ordinance, the following words shall have the following meanings: -2- Limited Tax General Obligation Refunding Bonds, 2014 Acquired Obligations means the Government Obligations acquired by the City under the terms of this ordinance and the Escrow Deposit Agreement to effect the defeasance and refunding of the Refunded Bonds. Beneficial Owner means any person that has or shares the power, directly or indirectly, to make investment decisions concerning ownership of any Bonds (including persons holding Bonds through nominees, depositories or other intermediaries). Bond Fund means the "City of Kent Limited Tax General Obligation Bond Debt Service Fund, 2014" authorized to be created pursuant to Section 9. Bond Purchase Contract means the contract for the purchase of the Bonds between the Underwriter and the City, executed pursuant to Section 11. Bond Register means the registration books showing the name, address and tax identification number of each Registered Owner of the Bonds, maintained pursuant to Section 149(a) of the Code. Bond Registrar means, initially, the fiscal agency of the State of Washington, for the purposes of registering and authenticating the Bonds, maintaining the Bond Register, effecting transfer of ownership of the Bonds and paying interest on and principal of the Bonds. Bond Year means each one-year period that ends on the date selected by the City. The first and last Bond Years may be short periods. If no date is selected by the City before the earlier of the final maturity date of Bonds or the date that is five years after the date of issuance of -3- Limited Tax General Obligation Refunding Bonds, 2014 any Bonds, Bond Years end on each anniversary of the date of issue and on the final maturity date of such Bonds. Bonds mean the not to exceed $14,000,000 aggregate principal amount of City of Kent, Washington, Limited Tax General Obligation Refunding Bonds, 2014, authorized to be issued pursuant to this ordinance. Call Date means June 1, 2014. Chief Administrative Officer means the Chief Administrative Officer or Interim Chief Administrative Officer of the City or the successor to such officer. City means the City of Kent, Washington, a municipal corporation duly organized and existing under and by virtue of the Constitution and laws of the State of Washington. Code means the Internal Revenue Code of 1986, as amended, and shall include all applicable regulations and rulings relating thereto. Commission means the Securities and Exchange Commission. Council or City Council means the legislative body of the City as duly and regularly constituted from time to time. Designated Representative means the Mayor, or his or her designee. DTC means The Depository Trust Company, New York, New York, a limited purpose trust company organized under the laws of the State of New York, as depository for the Bonds pursuant to Section 3. -4- Limited Tax General Obligation Refunding Bonds, 2014 Escrow Agent means U.S. Bank National Association, Seattle, Washington. Escrow Deposit Agreement means the Escrow Deposit Agreement between the City and the Escrow Agent to be dated as of the date of closing of the Bonds and substantially in the form on file with the City. Federal Tax Certificate means the certificate executed by the Finance Director setting forth the requirements of the Code for maintaining the tax exemption of interest on the Bonds, and attachments thereto. Finance Director means the Finance Director of the City or the successor to such officer. Financial Advisor means Piper ]affray & Co., or its successors. Government Obligations mean those obligations now or hereafter defined as such in chapter 39.53 RCW. Letter of Representations means the blanket issuer letter of representations from the City to DTC. MSRB means the Municipal Securities Rulemaking Board or any successors to its functions. Net Proceeds, when used with reference to the Bonds, means the principal amount of such Bonds, plus accrued interest and original issue premium, if any, and less original issue discount, if any. Private Person means any natural person engaged in a trade or business or any trust, estate, partnership, association, company or corporation. -5- Limited Tax General Obligation Refunding Bonds, 2014 Private Person Use means the use of property in a trade or business by a Private Person if such use is other than as a member of the general public. Private Person Use includes ownership of the property by the Private Person as well as other arrangements that transfer to the Private Person the actual or beneficial use of the property (such as a lease, management or incentive payment contract or other special arrangement) in such a manner as to set the Private Person apart from the general public. Use of property as a member of the general public includes attendance by the Private Person at municipal meetings or business rental of property to the Private Person on a short-term basis in accordance with regulations under the Code if the rental paid by such Private Person is the same as the rental paid by any Private Person who desires to rent the property. Use of property by nonprofit community groups or community recreational groups is not treated as Private Person Use if such use is incidental to the governmental uses of property, the property is made available for such use by all such community groups on an equal basis and such community groups are charged only a de minimis fee to cover custodial expenses. Refunded Bonds mean all or a portion of the Refunding Candidates designated by the Designated Representative for refunding pursuant to Section 7 and Section 11. Refunding Account means the account by that name established pursuant to Section 7. -6- Limited Tax General Obligation Refunding Bonds, 2014 Refunding Candidates mean the 2004 Bonds maturing on or after December 1, 2014. Registered Owner means the person named as the registered owner of a Bond in the Bond Register. For so long as the Bonds are held in book- entry only form, DTC or its nominee shall be deemed to be the sole Registered Owner. Rule means the Commission's Rule 15c2-12 under the Securities Exchange Act of 1934, as the same may be amended from time to time. 2004 Bond Ordinance means Ordinance No. 3682 adopted by the Council on March 16, 2004 authorizing the issuance of the 2004 Bonds. 2004 Bonds mean the City of Kent, Washington, Limited Tax General Obligation Refunding Bonds, 2004 issued pursuant to the 2004 Bond Ordinance as described in the recitals of this ordinance. Underwriter means KeyBanc Capital Markets Inc., or its successors. (b) Interpretation. In this ordinance, unless the context otherwise requires: (1) The terms "hereby," "hereof," "hereto," "herein," "hereunder" and any similar terms, as used in this ordinance, refer to this ordinance as a whole and not to any particular article, section, subdivision or clause hereof, and the term "hereafter" shall mean after, and the term "heretofore" shall mean before, the date of this ordinance; (2) Words of the masculine gender shall mean and include correlative words of the feminine and neuter genders and words importing -7- Limited Tax General Obligation Refunding Bonds, 2014 the singular number shall mean and include the plural number and vice versa; (3) Words importing persons shall include firms, associations, partnerships (including limited partnerships), trusts, corporations and other legal entities, including public bodies, as well as natural persons; (4) Any headings preceding the text of the several articles and sections of this ordinance, and any table of contents or marginal notes appended to copies hereof, shall be solely for convenience of reference and shall not constitute a part of this ordinance, nor shall they affect its meaning, construction or effect; and (5) All references herein to "articles," "sections" and other subdivisions or clauses are to the corresponding articles, sections, subdivisions or clauses hereof. SECTION 2,- Authorization of Bonds and Bond Details. For the purpose of refunding the Refunded Bonds and paying costs of issuance of the Bonds, the City shall issue and sell limited tax general obligation refunding bonds in the aggregate principal amount of not to exceed $14,000,000 (the "Bonds"). The Bonds shall be general obligations of the City, shall be designated "City of Kent, Washington, Limited Tax General Obligation Refunding Bonds, 2014" with other such designation as set forth in the Bond Purchase Contract and approved by the Designated Representative. -8- Limited Tax General Obligation Refunding Bonds, 2014 The Bonds shall be dated as of their date of initial delivery, shall be fully registered as to both principal and interest, shall be in the denomination of $5,000 each or any integral multiple thereof within a maturity, shall be numbered separately in the manner and with any additional designation as the Bond Registrar deems necessary for purposes of identification and control, and shall bear interest payable on the dates set forth in the Bond Purchase Contract. The Bonds shall bear interest at the rates set forth in the Bond Purchase Contract; and shall mature on the dates and in the principal amounts set forth in the Bond Purchase Contract and as approved by a Designated Representative pursuant to Section 11. SECTION 3. - Registration, Exchange and Payments. (a) Bond Registrar/Bond Register. The City hereby specifies and adopts the system of registration approved by the Washington State Finance Committee from time to time through the appointment the state fiscal agency. The City shall cause a Bond Register to be maintained by the Bond Registrar. So long as any Bonds remain outstanding, the Bond Registrar shall make all necessary provisions to permit the exchange or registration or transfer of Bonds at its principal corporate trust office. The Bond Registrar may be removed at any time at the option of the Finance Director upon prior notice to the Bond Registrar and a successor Bond Registrar appointed by the Finance Director. No resignation or removal of the Bond Registrar shall be effective until a successor shall have been appointed and until the successor Bond Registrar shall have accepted the -9- Limited Tax General Obligation Refunding Bonds, 2014 duties of the Bond Registrar hereunder. The Bond Registrar is authorized, on behalf of the City, to authenticate and deliver Bonds transferred or exchanged in accordance with the provisions of such Bonds and this ordinance and to carry out all of the Bond Registrar's powers and duties under this ordinance. The Bond Registrar shall be responsible for its representations contained in the Certificate of Authentication of the Bonds. (b) Registered Ownership. The City and the Bond Registrar, each in its discretion, may deem and treat the Registered Owner of each Bond as the absolute owner thereof for all purposes (except as provided in Section 12 of this ordinance), and neither the City nor the Bond Registrar shall be affected by any notice to the contrary. Payment of any such Bond shall be made only as described in Section 3(h), but such Bond may be transferred as herein provided. All such payments made as described in Section 3(h) shall be valid and shall satisfy and discharge the liability of the City upon such Bond to the extent of the amount or amounts so paid. (c) DTC Acceptance/Letters of Representations. The Bonds initially shall be held in fully immobilized form by DTC acting as depository. To induce DTC to accept the Bonds as eligible for deposit at DTC, the City has executed and delivered to DTC a Blanket Issuer Letter of Representations. Neither the City nor the Bond Registrar will have any responsibility or obligation to DTC participants or the persons for whom they act as nominees (or any successor depository) with respect to the Bonds in respect of the accuracy of any records maintained by DTC (or any successor depository) or any DTC participant, the payment by DTC (or -10- Limited Tax General Obligation Refunding Bonds, 2014 any successor depository) or any DTC participant of any amount in respect of the principal of or interest on Bonds, any notice which is permitted or required to be given to Registered Owners under this ordinance (except such notices as shall be required to be given by the City to the Bond Registrar or to DTC (or any successor depository)), or any consent given or other action taken by DTC (or any successor depository) as the Registered Owner. For so long as any Bonds are held in fully immobilized form by a depository, DTC or its successor depository shall be deemed to be the Registered Owner for all purposes hereunder, and all references herein to the Registered Owners shall mean DTC (or any successor depository) or its nominee and shall not mean the owners of any beneficial interest in such Bonds. (d) Use of Depository. (1) The Bonds shall be registered initially in the name of "Cede & Co.", as nominee of DTC, with one Bond maturing on each of the maturity dates for the Bonds in a denomination corresponding to the total principal therein designated to mature on such date. Registered ownership of such Bonds, or any portions thereof, may not thereafter be transferred except (A) to any successor of DTC or its nominee, provided that any such successor shall be qualified under any applicable laws to provide the service proposed to be provided by it; (B) to any substitute depository appointed by the Finance Director pursuant to subsection (2) below or such substitute depository's successor; or (C) to any person as provided in subsection (4) below. -11- Limited Tax General Obligation Refunding Bonds, 2014 (2) Upon the resignation of DTC or its successor (or any substitute depository or its successor) from its functions as depository or a determination by the Finance Director to discontinue the system of book entry transfers through DTC or its successor (or any substitute depository or its successor), the Finance Director may hereafter appoint a substitute depository. Any such substitute depository shall be qualified under any applicable laws to provide the services proposed to be provided by it. (3) In the case of any transfer pursuant to clause (A) or (B) of subsection (1) above, the Bond Registrar shall, upon receipt of all outstanding Bonds, together with a written request on behalf of the Finance Director, issue a single new Bond for each maturity then outstanding, registered in the name of such successor or such substitute depository, or their nominees, as the case may be, all as specified in such written request of the Finance Director. (4) In the event that (A) DTC or its successor (or substitute depository or its successor) resigns from its functions as depository, and no substitute depository can be obtained, or (B) the Finance Director determines that it is in the best interest of the beneficial owners of the Bonds that such owners be able to obtain physical Bond certificates, the ownership of such Bonds may then be transferred to any person or entity as herein provided, and such Bonds shall no longer be held by a depository. The Finance Director shall deliver a written request to the Bond Registrar, together with a supply of physical Bonds, to issue Bonds as herein provided in any authorized denomination. Upon receipt -12- Limited Tax General Obligation Refunding Bonds, 2014 by the Bond Registrar of all then outstanding Bonds together with a written request on behalf of the Finance Director to the Bond Registrar, new Bonds shall be issued in the appropriate denominations and registered in the names of such persons as are requested in such written request. (e) Registration of Transfer of Ownership or Exchange; Change in Denominations. The transfer of any Bond may be registered and Bonds may be exchanged, but no transfer of any such Bond shall be valid unless it is surrendered to the Bond Registrar with the assignment form appearing on such Bond duly executed by the Registered Owner or such Registered Owner's duly authorized agent in a manner satisfactory to the Bond Registrar. Upon such surrender, the Bond Registrar shall cancel the surrendered Bond and shall authenticate and deliver, without charge to the Registered Owner or transferee therefor, a new Bond (or Bonds at the option of the new Registered Owner) of the same date, maturity and interest rate and for the same aggregate principal amount in any authorized denomination, naming as Registered Owner the person or persons listed as the assignee on the assignment form appearing on the surrendered Bond, in exchange for such surrendered and cancelled Bond. Any Bond may be surrendered to the Bond Registrar and exchanged, without charge, for an equal aggregate principal amount of Bonds of the same date, maturity and interest rate, in any authorized denomination. The Bond Registrar shall not be obligated to register the transfer or to -13- Limited Tax General Obligation Refunding Bonds, 2014 exchange any Bond during the 15 days preceding any principal payment date any such Bond is to be redeemed. (f) Bond Registrar's Ownership of Bonds. The Bond Registrar may become the Registered Owner of any Bond 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 as a member of, or in any other capacity with respect to, any committee formed to protect the right of the Registered Owners of Bonds. (g) Registration Covenant. The City covenants that, until all Bonds have been surrendered and canceled, it will maintain a system for recording the ownership of each Bond that complies with the provisions of Section 149 of the Code. (h) Place and Medium of Payment. 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 calculated on the basis of a year of 360 days and twelve 30-day months. For so long as all Bonds are held by a depository, payments of principal and interest thereon shall be made as provided in accordance with the operational arrangements of DTC referred to in the Letter of Representations. In the event that the Bonds are no longer held by a depository, interest on the Bonds shall be paid by check or draft mailed to the Registered Owners at the addresses for such Registered Owners appearing on the Bond Register on the fifteenth day of the month preceding the interest payment date, or upon the written request of a Registered Owner of more than $1,000,000 of Bonds -14- Limited Tax General Obligation Refunding Bonds, 2014 (received by the Bond Registrar at least 15 days prior to the applicable payment date), such payment shall be made by the Bond Registrar by wire transfer to the account within the United States designated by the Registered Owner. Principal of the Bonds shall be payable upon presentation and surrender of such Bonds by the Registered Owners at the principal office of the Bond Registrar. If any Bond shall be duly presented for payment and funds have not been duly provided by the City on such applicable date, then interest shall continue to accrue thereafter on the unpaid principal thereof at the rate stated on such Bond until it is paid. SECTION 4, - Redemption Prior to Maturity and Purchase of Bonds. (a) Mandatory Redemption of Term Bonds and Optional Redemption, if any. The Bonds shall be subject to optional redemption on the dates, at the prices and under the terms set forth in the Bond Purchase Contract approved by the Designated Representative pursuant to Section 11. The Bonds shall be subject to mandatory redemption to the extent, if any, set forth in the Bond Purchase Contract approved by the Designated Representative pursuant to Section 11. (b) Purchase of Bonds. The City reserves the right to purchase any of the Bonds offered to it at any time at a price deemed reasonable by the Finance Director. (c) Selection of Bonds for Redemption. For as long as the Bonds are held in book-entry only form, the selection of particular Bonds within a maturity to be redeemed shall be made in accordance with the operational -15- Limited Tax General Obligation Refunding Bonds, 2014 arrangements then in effect at DTC. If the Bonds are no longer held in uncertificated form, the selection of such Bonds to be redeemed and the surrender and reissuance thereof, as applicable, shall be made as provided in the following provisions of this subsection (c). If the City redeems at any one time fewer than all of the Bonds having the same maturity date, the particular Bonds or portions of Bonds of such maturity to be redeemed shall be selected by lot (or in such manner determined by the Bond Registrar) in increments of $5,000. In the case of a Bond of a denomination greater than $5,000, the City and the Bond Registrar shall treat each Bond as representing such number of separate Bonds each of the denomination of $5,000 as is obtained by dividing the actual principal amount of Bonds by $5,000. In the event that only a portion of the principal sum of a Bond is redeemed, upon surrender of such Bond at the principal office of the Bond Registrar there shall be issued to the Registered Owner, without charge therefor, for the then unredeemed balance of the principal sum thereof, at the option of the Registered Owner, a Bond or Bonds of like maturity and interest rate in any of the denominations herein authorized. (d) Notice of Redemption. (1) Official Notice. For so long as the Bonds are held in uncertificated form, notice of redemption (which notice may be conditional) shall be given in accordance with the operational arrangements of DTC as then in effect, and neither the City nor the Bond Registrar will provide any notice of redemption to any Beneficial Owners. -16- Limited Tax General Obligation Refunding Bonds, 2014 Thereafter (if the Bonds are no longer held in uncertificated form), notice of redemption shall be given in the manner hereinafter provided. Unless waived by any owner of Bonds to be redeemed, official notice of any such redemption (which redemption may be conditioned by the Bond Registrar on the receipt of sufficient funds for redemption or otherwise) shall be given by the Bond Registrar on behalf of the City by mailing a copy of an official redemption notice by first class mail at least 20 days and not more than 60 days prior to the date fixed for redemption to the Registered Owner of the Bond or Bonds to be redeemed at the address shown on the Bond Register or at such other address as is furnished in writing by such Registered Owner to the Bond Registrar. All official notices of redemption shall be dated and shall state: (A) the redemption date, (B) the redemption price, (C) if fewer than all outstanding Bonds are to be redeemed, the identification by maturity (and, in the case of partial redemption, the respective principal amounts) of the Bonds to be redeemed, (D) that (unless such notice is conditional) on the redemption date the redemption price will become due and payable upon each such Bond or portion thereof called for redemption, and that interest thereon shall cease to accrue from and after said date, and -17- Limited Tax General Obligation Refunding Bonds, 2014 (E) the place where such Bonds are to be surrendered for payment of the redemption price, which place of payment shall be the principal office of the Bond Registrar. On or prior to any redemption date (unless such notice is conditional), the City shall deposit with the Bond Registrar an amount of money sufficient to pay the redemption price of all the Bonds or portions of Bonds which are to be redeemed on that date. (2) Effect of Notice; Bonds Due. If an unconditional notice of redemption has been given as aforesaid, or if the conditions to redemption have been satisfied or waived, the Bonds or portions of Bonds so to be redeemed shall, on the redemption date, become due and payable at the redemption price therein specified, and from and after such date such Bonds or portions of Bonds shall cease to bear interest. Upon surrender of such Bonds for redemption in accordance with said notice, such Bonds shall be paid by the Bond Registrar at the redemption price. Installments of interest due on or prior to the redemption date shall be payable as herein provided for payment of interest. All Bonds which have been redeemed shall be canceled by the Bond Registrar and shall not be reissued. If a conditional notice of redemption has been given and the conditions to redemption have not been satisfied or waived, notice of redemption given pursuant to this ordinance may be rescinded by written notice given by the Bond Registrar on behalf of the City as soon as practicable in the same manner, and to the same Registered Owners of -18- Limited Tax General Obligation Refunding Bonds, 2014 the Bond or Bonds, as notice of such redemption was given pursuant to this Section 4(d). If notice of recession has been provided, the Bonds or portions of Bonds so to be redeemed, on the redemption date, shall not become due and payable and from and after such date such Bonds or portions of Bonds shall continue to bear interest at the rate or rates set forth therein until paid or until due provision is made for the payment of the same. (3) Additional Notice. In addition to the foregoing notice, further notice shall be given by the City as set out below, but no defect in said further notice nor any failure to give all or any portion of such further notice shall in any manner defeat the effectiveness of a call for redemption if notice thereof is given as above prescribed. Each further notice of redemption given hereunder shall contain the information required above for an official notice of redemption plus (A) the CUSIP numbers of all Bonds being redeemed; (B) the date of issue of the Bonds as originally issued; (C) the rate of interest borne by each Bond being redeemed; (D) the maturity date of each Bond being redeemed; and (E) any other descriptive information needed to identify accurately the Bonds being redeemed. Each further notice of redemption may be sent at least 20 days before the redemption date to each party entitled to receive notice pursuant to Section 12 and with such additional information as the City shall deem appropriate, but such mailings shall not be a condition precedent to the redemption of such Bonds. -19- Limited Tax General Obligation Refunding Bonds, 2014 (4) Amendment of Notice Provisions. The foregoing notice provisions of this Section 4, including but not limited to the information to be included in redemption notices and the persons designated to receive notices, may be amended by additions, deletions and changes in order to maintain compliance with duly promulgated regulations and recommendations regarding notices of redemption of municipal securities. SECTIONS. - Form of Bonds. The Bonds shall be in substantially the following form with appropriate or necessary insertions, depending upon the omissions and variations as permitted or required hereby: UNITED STATES OF AMERICA NO. $ STATE OF WASHINGTON CITY OF KENT LIMITED TAX GENERAL OBLIGATION REFUNDING BOND, 2014 INTEREST RATE: % MATURITY DATE: CUSIP NO.: REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: The City of Kent, Washington (the "City"), hereby acknowledges itself to owe and for value received promises to pay to the Registered Owner identified above, or registered assigns, on the Maturity Date identified above, the Principal Amount indicated above and to pay interest thereon from , 2014, or the most recent date to which interest has been paid or duly provided for until payment of this bond at the Interest Rate set forth above, payable on and semiannually thereafter on the first days of each succeeding and Both principal of and interest on this bond are payable in lawful money of the United States of America. The fiscal agency of the State of Washington has been appointed by the City as the authenticating agent, paying agent and registrar for the bonds of this issue (the "Bond Registrar"). For so long as the bonds of this issue are held in fully immobilized form, payments of principal and interest thereon shall be -20- Limited Tax General Obligation Refunding Bonds, 2014 made as provided in accordance with the operational arrangements of The Depository Trust Company ("DTC") referred to in the Blanket Issuer Letter of Representations (the "Letter of Representations") from the City to DTC. The bonds of this issue are issued under and in accordance with the provisions of the Constitution and applicable statutes of the State of Washington and Ordinance No. duly passed by the City Council on February 4, 2014 (the "Bond Ordinance"). Capitalized terms used in this bond have the meanings given such terms in the Bond Ordinance. This bond shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Bond Ordinance until the Certificate of Authentication hereon shall have been manually signed by or on behalf of the Bond Registrar or its duly designated agent. This bond is one of an authorized issue of bonds of like series, date, tenor, rate of interest and date of maturity, except as to number and amount in the aggregate principal amount of $ and is issued pursuant to the Bond Ordinance to provide a portion of the funds necessary (a) to defease and refund certain limited tax general obligation bonds of the City, and (b) to pay costs of issuance. [The bonds of this issue are subject to redemption as provided in the Bond Ordinance and the Bond Purchase Contract.] The City hereby irrevocably covenants and agrees with the owner of this bond that it will include in its annual budget and levy taxes annually, within and as a part of the tax levy permitted to the City without a vote of the electorate, upon all the property subject to taxation in amounts sufficient, together with other money legally available therefor, to pay the principal of and interest on this bond as the same shall become due. The full faith, credit and resources of the City are hereby irrevocably pledged for the annual levy and collection of such taxes and the prompt payment of such principal and interest. [The bonds of this issue have [not] been designated by the City as "qualified tax-exempt obligations" for investment by financial institutions under Section 265(b) of the Code.] The pledge of tax levies for payment of principal of and interest on the bonds may be discharged prior to maturity of the bonds by making provision for the payment thereof on the terms and conditions set forth in the Bond Ordinance. It is hereby certified that all acts, conditions and things required by the Constitution and statutes of the State of Washington to exist and to have happened, been done and performed precedent to and in the issuance of this bond exist and have happened, been done and performed and that the issuance of this bond and the bonds of this issue does not -21- Limited Tax General Obligation Refunding Bonds, 2014 violate any constitutional, statutory or other limitation upon the amount of bonded indebtedness that the City may incur. IN WITNESS WHEREOF, the City of Kent, Washington has caused this bond to be executed by the manual or facsimile signatures of the Mayor and the City Clerk and the seal of the City imprinted, impressed or otherwise reproduced hereon as of this _ day of 2014. [SEAL] CITY OF KENT, WASHINGTON By /s/ manual or facsimile Mayor ATTEST: /s/ manual or facsimile City Clerk The Bond Registrar's Certificate of Authentication on the Bonds shall be in substantially the following form: CERTIFICATE OF AUTHENTICATION This bond is one of the bonds described in the within-mentioned Bond Ordinance and is one of the Limited Tax General Obligation Refunding Bonds, 2014 of the City of Kent, Washington, dated 2014. WASHINGTON STATE FISCAL AGENCY, as Bond Registrar By SECTION 6. - Execution of Bonds. The Bonds shall be executed on behalf of the City with the manual or facsimile signature of the Mayor and attested by the manual or facsimile signature of the City Clerk and the seal of the City shall be impressed, imprinted or otherwise reproduced thereon. -22- Limited Tax General Obligation Refunding Bonds, 2014 Only such Bonds as shall bear thereon a Certificate of Authentication in the form hereinbefore recited, manually executed by the Bond Registrar, shall be valid or obligatory for any purpose or entitled to the benefits of this ordinance. Such Certificate of Authentication shall be conclusive evidence that the Bonds so authenticated have been duly executed, authenticated and delivered hereunder and are entitled to the benefits of this ordinance. In case either of the officers who shall have executed the Bonds shall cease to be an officer or officers of the City before the Bonds so signed shall have been authenticated or delivered by the Bond Registrar, or issued by the City, such Bonds may nevertheless be authenticated, delivered and issued and upon such authentication, delivery and issuance, shall be as binding upon the City as though those who signed the same had continued to be such officers of the City. Any Bond may be signed and attested on behalf of the City by such persons who at the date of the actual execution of such Bond, are the proper officers of the City, although at the original date of such Bond any such person shall not have been such officer of the City. SECTION 7. - Refunding Plan; Application of Bond Proceeds. (a) Refunding Plan. For the purpose of realizing a debt service savings, the City proposes to defease and refund the Refunded Bonds as set forth herein. The Refunded Bonds shall include all or a portion of the Refunding Candidates as designated by the Designated Representative and set forth in the Bond Purchase Contract. Proceeds of the Bonds shall -23- Limited Tax General Obligation Refunding Bonds, 2014 be deposited with the Escrow Agent pursuant to the Escrow Deposit Agreement to be used immediately upon receipt thereof to defease the Refunded Bonds as authorized by the 2004 Bond Ordinance and to pay costs of issuance of the Bonds. The net proceeds deposited with the Escrow Agent shall be used to defease the Refunded Bonds and discharge the obligations thereon by the purchase of certain Government Obligations (which obligations so purchased, are herein called "Acquired Obligations"), bearing such interest and maturing as to principal and interest in such amounts and at such times which, together with any necessary beginning cash balance, will provide for the payment of: (1) interest on the Refunded Bonds as such becomes due on and prior to the Call Date; and (2) the redemption price (100% of the principal amount) of the Refunded Bonds on the Call Date. Such Acquired Obligations shall be purchased at a yield not greater than the yield permitted by the Code and regulations relating to acquired obligations in connection with refunding bond issues. (b) Escrow Agent/Escrow Deposit Agreement. The City hereby appoints U.S. Bank National Association, Seattle, Washington, as the Escrow Agent for the Refunded Bonds (the "Escrow Agent'). A beginning cash balance, if any, and the Acquired Obligations shall be deposited irrevocably with the Escrow Agent in an amount sufficient to defease the Refunded Bonds. The proceeds of the Bonds remaining after acquisition of -24- Limited Tax General Obligation Refunding Bonds, 2014 the Acquired Obligations and provision for the necessary beginning cash balance shall be utilized to pay expenses of the acquisition and safekeeping of the Acquired Obligations and costs of issuance of the Bonds. In order to carry out the purposes of this Section 7, the Finance Director is authorized and directed to execute and deliver to the Escrow Agent, an Escrow Deposit Agreement. (c) Call for Redemption of Refunded Bonds. The City hereby sets aside sufficient funds out of the purchase of Acquired Obligations from proceeds of the Bonds to make the payments described above. The City hereby calls the Refunded Bonds for redemption on their Call Date in accordance with the provisions of the 2004 Bond Ordinance authorizing the redemption and retirement of the 2004 Bonds, prior to their fixed maturities. Said defeasance and call for redemption of the Refunded Bonds shall be irrevocable after the issuance of the Bonds and delivery of the Acquired Obligations to the Escrow Agent. The Escrow Agent is hereby authorized and directed to provide for the giving of notices of the redemption of the Refunded Bonds in accordance with the applicable provisions of the 2004 Bond Ordinance. The costs of publication of such notices shall be an expense of the City. The Escrow Agent is hereby authorized and directed to pay to the Finance Director, or, at the direction of the Finance Director, to the paying agent for the Refunded Bonds, sums sufficient to pay, when due, the -25- Limited Tax General Obligation Refunding Bonds, 2014 payments specified in this Section 7. All such sums shall be paid from the moneys and Acquired Obligations deposited with the Escrow Agent, and the income therefrom and proceeds thereof. All such sums so paid to or to the order of the Finance Director shall be credited to the Refunding Account. All moneys and Acquired Obligations deposited with the Escrow Agent and any income therefrom shall be held, invested (but only at the direction of the Finance Director) and applied in accordance with the provisions of this ordinance and with the laws of the State of Washington for the benefit of the City and owners of the Refunded Bonds. The City will take such actions as are found necessary to see that all necessary and proper fees, compensation and expenses of the Escrow Agent for the Refunded Bonds shall be paid when due. SECTION B. - Tax Covenants. The City covenants that it will not take or permit to be taken on its behalf any action that would adversely affect the exemption from federal income taxation of the interest on the Bonds and will take or require to be taken such acts as may reasonably be within its ability and as may from time to time be required under applicable law to continue the exemption from federal income taxation of the interest on the Bonds. (a) Arbitrage Covenant. Without limiting the generality of the foregoing, the City covenants that it will not take any action or fail to take any action with respect to the proceeds of sale of the Bonds or any other funds of the City which may be deemed to be proceeds of the Bonds pursuant to Section 148 of the Code and the regulations promulgated -26- Limited Tax General Obligation Refunding Bonds, 2014 thereunder which, if such use had been reasonably expected on the dates of delivery of the Bonds to the initial purchasers thereof, would have caused the Bonds to be treated as "arbitrage bonds" within the meaning of such term as used in Section 148 of the Code. The City will comply with the requirements of Section 148 of the Code and the applicable regulations thereunder throughout the term of the Bonds. (b) Private Person Use Limitation for the Bonds. The City covenants that for as long as the Bonds are outstanding, it will not permit: (1) More than 10% of the Net Proceeds of the Bonds to be allocated to any Private Person Use; and (2) More than 10% of the principal or interest payments on the Bonds in a Bond Year to be directly or indirectly: (A) secured by any interest in property used or to be used for any Private Person Use or secured by payments in respect of property used or to be used for any Private Person Use, or (B) derived from payments (whether or not made to the City) in respect of property, or borrowed money, used or to be used for any Private Person Use. The City further covenants that, if: (3) More than five percent of the Net Proceeds of the Bonds are allocable to any Private Person Use; and (4) More than five percent of the principal or interest payments on the Bonds in a Bond Year are (under the terms of this ordinance or any underlying arrangement) directly or indirectly: -27- Limited Tax General Obligation Refunding Bonds, 2014 (A) secured by any interest in property used or to be used for any Private Person Use or secured by payments in respect of property used or to be used for any Private Person Use, or (B) derived from payments (whether or not made to the City) in respect of property, or borrowed money, used or to be used for any Private Person Use, then, (i) any Private Person Use of the projects described in subsection (3) hereof or Private Person Use payments described in subsection (4) hereof that is in excess of the five percent limitations described in such subsections (3) or (4) will be for a Private Person Use that is related to the state or local governmental use of the projects refunded by the proceeds of the Bonds, and (ii) any Private Person Use will not exceed the amount of Net Proceeds of the Bonds allocable to the state or local governmental use portion of the projects(s) to which the Private Person Use of such portion of the projects refunded by the proceeds of the Bonds relate. The City further covenants that it will comply with any limitations on the use of the projects refunded by the proceeds of the Bonds by other than state and local governmental users that are necessary, in the opinion of its bond counsel, to preserve the tax exemption of the interest on the Bonds. (c) Modification of Tax Covenants. The covenants of this section are specified solely to assure the continued exemption from regular income taxation of the interest on the Bonds. To that end, the provisions of this section may be modified or eliminated without any requirement for -28- Limited Tax General Obligation Refunding Bonds, 2014 formal amendment thereof upon receipt of an opinion of the City's bond counsel that such modification or elimination will not adversely affect the tax exemption of interest on any Bonds. (d) In the Federal Tax Certificate the City may designate the Bonds as "qualified tax-exempt obligations" under Section 265(b)(3) of the Code for investment by financial institutions if at the time of such designation it reasonably does not expect to issue more than $10,000,000 in qualifying tax-exempt debt during calendar year 2014. SECTION 9. - Bond Fund and Provision for Tax Levy Payments. The City hereby authorizes the creation of a fund to be used for the payment of debt service on the Bonds, designated as the "City of Kent Limited Tax General Obligation Bond Debt Service Fund, 2014" (the "Bond Fund"). No later than the date each payment of principal of or interest on the Bonds becomes due, the City shall transmit sufficient funds, from the Bond Fund or from other legally available sources, to the Bond Registrar for the payment of such principal or interest. Money in the Bond Fund may be invested in legal investments for City funds. The City hereby irrevocably covenants and agrees for as long as any of the Bonds are outstanding and unpaid that each year it will include in its budget and levy an ad valorem tax upon all the property within the City subject to taxation in an amount that will be sufficient, together with all other revenues and money of the City legally available for such purposes, to pay the principal of and interest on the Bonds when due. -29- Limited Tax General Obligation Refunding Bonds, 2014 The City hereby irrevocably pledges that the annual tax provided for herein to be levied for the payment of such principal and interest shall be within and as a part of the tax levy permitted to cities without a vote of the people, and that a sufficient portion of each annual levy to be levied and collected by the City prior to the full payment of the principal of and interest on the Bonds will be and is hereby irrevocably set aside, pledged and appropriated for the payment of the principal of and interest on the Bonds. The full faith, credit and resources of the City are hereby irrevocably pledged for the annual levy and collection of said taxes and for the prompt payment of the principal of and interest on the Bonds when due. SECTION 10. - Defeasance. In the event that the City, to effect the payment, retirement or redemption of any Bond, sets aside in the Bond Fund or in another special account, cash or noncallable Government Obligations, or any combination of cash and/or noncallable Government Obligations, in amounts and maturities which, together with the known earned income therefrom, are sufficient to redeem or pay and retire such Bond in accordance with its terms and to pay when due the interest and redemption premium, if any, thereon, and such cash and/or noncallable Government Obligations are irrevocably set aside and pledged for such purpose, then no further payments need be made into the Bond Fund for the payment of the principal of and interest on such Bond. The owner of a Bond so provided for shall cease to be entitled to any lien, benefit or security of this ordinance except the right to receive payment of principal, -30- Limited Tax General Obligation Refunding Bonds, 2014 premium, if any, and interest from the Bond Fund or such special account, and such Bond shall be deemed to be not outstanding under this ordinance. The City shall give written notice of defeasance to the owners of all Bonds so provided for within 30 days of the defeasance and to each party entitled to receive notice in accordance with Section 12. SECTION 11. - Sale of Bonds. (a) Bond Sale. The Bonds shall be sold at negotiated sale to the Underwriter pursuant to the terms of the Bond Purchase Contract. The Financial Advisor has advised the Council that market conditions are fluctuating and, as a result, the most favorable market conditions may occur on a day other than a regular meeting date of the Council. The Council has determined that it would be in the best interest of the City to delegate to the Designated Representative for a limited time the authority to approve the final interest rates, aggregate principal amount, principal amounts of each maturity of the Bonds, selection of the Refunded Bonds, and redemption rights. The Designated Representative is hereby authorized to designate a portion or all of the Refunding Candidates as Refunded Bonds, and to approve the final interest rates, aggregate principal amount, principal amounts of each maturity of the Bonds, and redemption rights for the Bonds in the manner provided hereafter so long as (i) the aggregate principal amount of the Bonds does not exceed $14,000,000, (ii) the final maturity date for the Bonds is no later than December 1, 2021, (iii) the -31- Limited Tax General Obligation Refunding Bonds, 2014 Bonds are sold (in the aggregate) at a price not less than 97% and not greater than 120%, (iv) the Bonds are sold for a price that results in a minimum net present value debt service savings over the Refunded Bonds of at least 3.0%, (v) the true interest cost for the Bonds (in the aggregate) does not exceed 3.5%; and (vi) the Bonds conform to all other terms of this ordinance. Subject to the terms and conditions set forth in this section, the Designated Representative is hereby authorized to execute the Bond Purchase Contract. Following the execution of the Bond Purchase Contract, the Finance Director shall provide a report to the Council describing the final terms of the Bonds approved pursuant to the authority delegated in this section. The authority granted to the Designated Representative by this Section 11 shall expire 120 days after the effective date of this ordinance. If a Bond Purchase Contract for the Bonds has not been executed within 120 days after the effective date of this ordinance, the authorization for the issuance of the Bonds shall be rescinded, and the Bonds shall not be issued nor their sale approved unless such Bonds shall have been re- authorized by ordinance of the Council. The ordinance re-authorizing the issuance and sale of such Bonds may be in the form of a new ordinance repealing this ordinance in whole or in part or may be in the form of an amendatory ordinance approving a bond purchase contract or establishing terms and conditions for the authority delegated under this Section 11. (b) Delivery of Bonds; Documentation. Upon the passage and approval of this ordinance, the proper officials of the City, including the -32- Limited Tax General Obligation Refunding Bonds, 2014 Finance Director and Chief Administrative Officer, are authorized and directed to undertake all action necessary for the prompt execution and delivery of the Bonds to the Underwriter and further to execute all closing certificates and documents required to effect the closing and delivery of the Bonds in accordance with the terms of this ordinance and the Bond Purchase Contract. (c) Preliminary and Final Official Statements. The Finance Director is hereby authorized to ratify and to deem final the preliminary Official Statement relating to the Bonds for the purposes of the Rule. The Finance Director is further authorized to ratify and to approve for purposes of the Rule, on behalf of the City, the final Official Statement relating to the issuance and sale of the Bonds and the distribution of the final Official Statement pursuant thereto with such changes, if any, as may be deemed by her to be appropriate. SECTION 12. - Undertaking to Provide Ongoing Disclosure. (a) Contract/Undertaking. This section constitutes the City's written undertaking for the benefit of the owners, including Beneficial Owners, of the Bonds as required by Section (b)(5) of the Rule. (b) Financial Statements/Operating Data. The City agrees to provide or cause to be provided to the MSRB the following annual financial information and operating data for the prior fiscal year (commencing in 2014 for the fiscal year ended December 31, 2013): 1. Annual financial statements, which statements may or may not be audited, showing ending fund balances for the City's general -33- Limited Tax General Obligation Refunding Bonds, 2014 fund prepared in accordance with the Budgeting Accounting and Reporting System prescribed by the Washington State Auditor pursuant to RCW 43.09.200 (or any successor statute) and generally of the type specified in the official statement for the Bonds; 2. The assessed valuation of taxable property in the City; 3. Ad valorem taxes due and percentage of taxes collected; 4. Property tax levy rate per $1,000 of assessed valuation; and 5. Outstanding general obligation debt of the City. Items 2-5 shall be required only to the extent that such information is not included in the annual financial statements. The information and data described above shall be provided on or before nine months after the end of the City's fiscal year. The City's current fiscal year ends December 31. The City may adjust such fiscal year by providing written notice of the change of fiscal year to the MSRB. In lieu of providing such annual financial information and operating data, the City may cross-reference to other documents available to the public on the MSRB's internet website or filed with the Commission. If not provided as part of the annual financial information discussed above, the City shall provide to the MSRB the City's audited annual financial statements prepared in accordance with the Budgeting Accounting and Reporting System prescribed by the Washington State -34- Limited Tax General Obligation Refunding Bonds, 2014 Auditor pursuant to RCW 43.09.200 (or any successor statute) when and if available. (c) Listed Events. The City agrees to provide or cause to be provided to the MSRB, in a timely manner not in excess of ten business days after the occurrence of the event, notice of the occurrence of any of the following events with respect to the Bonds: • Principal and interest payment delinquencies; • Non-payment related defaults, if material; • Unscheduled draws on debt service reserves reflecting financial difficulties; • Unscheduled draws on credit enhancements reflecting financial difficulties; • Substitution of credit or liquidity providers, or their failure to perform; • Adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701-TEB) or other material notices or determinations with respect to the tax status of the Bonds, or other material events affecting the tax status of the Bonds; • Modifications to the rights of Bondholders, if material; • Bond calls, if material, and tender offers; • Defeasances; -35- Limited Tax General Obligation Refunding Bonds, 2014 • Release, substitution, or sale of property securing repayment of the Bonds, if material; • Rating changes; • Bankruptcy, insolvency, receivership or similar event of the City; • The consummation of a merger, consolidation, or acquisition involving the City or the sale of all or substantially all of the assets of the City, other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material; and • Appointment of a successor or additional trustee or the change of name of a trustee, if material. The City shall promptly determine whether the events described above are material. (d) Format for Filings with the MSRB. All notices, financial information and operating data required by this undertaking to be provided to the MSRB must be in an electronic format as prescribed by the MSRB. All documents provided to the MSRB pursuant to this undertaking must be accompanied by identifying information as prescribed by the MSRB. (e) Notification Upon Failure to Provide Financial Data. The City agrees to provide or cause to be provided, in a timely manner, to the -36- Limited Tax General Obligation Refunding Bonds, 2014 MSRB notice of its failure to provide the annual financial information described in Subsection (b) above on or prior to the date set forth in Subsection (b) above. (f) Termination/Modification. The City's obligations to provide annual financial information and notices of certain listed events shall terminate upon the legal defeasance, prior redemption or payment in full of all of the Bonds. Any provision of this section shall be null and void if the City (1) obtains an opinion of nationally recognized bond counsel to the effect that the portion of the Rule that requires that provision is invalid, has been repealed retroactively or otherwise does not apply to the Bonds and (2) notifies the MSRB of such opinion and the cancellation of this section. The City may amend this section with an opinion of nationally recognized bond counsel in accordance with the Rule. In the event of any amendment of this section, the City shall describe such amendment in the next annual report, and shall include a narrative explanation of the reason for the amendment and its impact on the type (or in the case of a change of accounting principles, on the presentation) of financial information or operating data being presented by the City. In addition, if the amendment relates to the accounting principles to be followed in preparing financial statements, (A) notice of such change shall be given in the same manner as for a listed event under Subsection (c), and (B) the annual report for the year in which the change is made shall present a comparison (in narrative form and also, if feasible, in quantitative form) between the -37- Limited Tax General Obligation Refunding Bonds, 2014 financial statements as prepared on the basis of the new accounting principles and those prepared on the basis of the former accounting principles. (g) Bond Owner's Remedies Under This Section. The right of any bondowner or Beneficial Owner of Bonds to enforce the provisions of this section shall be limited to a right to obtain specific enforcement of the City's obligations under this section, and any failure by the City to comply with the provisions of this undertaking shall not be an event of default with respect to the Bonds. (h) No Default. Except as otherwise disclosed in the City's official statement relating to the Bonds, the City is not and has not been in default in the performance of its obligations of any prior undertaking for ongoing disclosure with respect to its obligations. SECTION 13. - Lost, Stolen or Destroyed Bonds. In case any Bond or Bonds shall be lost, stolen or destroyed, the Bond Registrar may execute and deliver a new Bond or Bonds of like date, number and tenor to the Registered Owner thereof upon the Registered Owner's paying the expenses and charges of the City and the Bond Registrar in connection therewith and upon his/her filing with the City evidence satisfactory to the City that such Bond was actually lost, stolen or destroyed and of his/her ownership thereof, and upon furnishing the City and/or the Bond Registrar with indemnity satisfactory to the City and the Bond Registrar. SECTION 14. - Severability; Ratification. If any one or more of the covenants or agreements provided in this ordinance to be performed -38- Limited Tax General Obligation Refunding Bonds, 2014 on the part of the City shall be declared by any court of competent jurisdiction to be contrary to law, then such covenant or covenants, agreement or agreements, shall be null and void and shall be deemed separable from the remaining covenants and agreements of this ordinance and shall in no way affect the validity of the other provisions of this ordinance or of the Bonds. All acts taken pursuant to the authority granted in this ordinance but prior to its effective date are hereby ratified and confirmed. -39- Limited Tax General Obligation Refunding Bonds, 2014 SECTION 15. - Effective Date of Ordinance. This ordinance shall take effect and be in force five days after its passage, approval, and publication as provided by law. Adopted by the City Council of the City of Kent, Washington, at a regular meeting thereof held this 4th of February, 2014. By Suzette Cooke, Mayor ATTEST Ronald F. Moore, MMC, City Clerk APPROVED AS TO FORM: PACIFICA LAW GROUP LLP Bond Counsel PASSED: of February, 2014 APPROVED: of February, 2014 PUBLISHED: of February, 2014 -40- Limited Tax General Obligation Refunding Bonds, 2014 CERTIFICATION I, the undersigned, City Clerk of the City of Kent, Washington (the "City"), hereby certify as follows: 1. The attached copy of Ordinance No. (the "Ordinance") is a full, true and correct copy of an ordinance duly passed at a regular meeting of the City Council of the City held at the regular time and meeting place thereof on February 4, 2014, as that ordinance appears on the minute book of the City; and the Ordinance will be in full force and effect after its passage; and 2. A quorum of the members of the City Council was present throughout the meeting and a majority of those members present voted in the proper manner for the passage of the Ordinance. IN WITNESS WHEREOF, I have hereunto set my hand this 4th day of February, 2014. CITY OF KENT, WASHINGTON Ronald F. Moore, MMC, City Clerk This page intentionally left blank. KENT Agenda Item: Consent — 7F TO: City Council DATE: February 4, 2014 SUBJECT: Budget Certification for Annexation Sales Tax Credit Resolution — Adopt MOTION: Move to adopt Resolution No. , approving the certification of $4,230,777 for the Panther Lake annexation sales tax credit for the period July 1, 2014 through June 30, 2015. SUMMARY: The City is required to certify to the state of Washington before March Vt of each year, the amount needed from the annexation sales tax credit to provide services in the annexed area. The Finance Department has calculated the costs and revenues within the Panther Lake annexation area and has determined a gap between revenues generated and expenditures used to provide services of $4,230,777 for July 1, 2014 through June 30, 2015. EXHIBITS: Resolution RECOMMENDED BY: Operations Committee YEA: Thomas - Ralph - Boyce (post meeting) NAY: BUDGET IMPACTS: The budget for the Panther Lake annexation area for the State's fiscal year 2013 is anticipated to be $11,949,899 in expenditures to provide City services to those residents, while we anticipate revenues of $7,719,122 from property taxes, sales taxes and other sources. The net of the revenues and costs produces a deficit of $4,230,777 which is the amount being certified as the amount of annexation sales tax credit we are requesting from the State. This page intentionally left blank. RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington, determining a new threshold amount for the sales and use tax authorized by RCW 82.14.415 and codified in Chapter 3.27 of the Kent City Code, relating to the cost of providing municipal services to the Panther Lake Annexation Area for the 2014 fiscal year, and authorizing the Finance Director to certify the threshold amount to the Washington State Department of Revenue. RECITALS A. RCW 82.14.415 authorizes the City to impose a sales and use tax as a credit against state retail sales and use taxes collected under Chapters 82.08 and 82.12 RCW to assist the City in providing municipal services to newly annexed areas. B. After providing all appropriate notice and following appropriate procedure, and following a favorable vote on the annexation proposition, the Kent City Council adopted Ordinance No. 3936 on December 8, 2009, approving the Panther Lake Annexation Area effective July 1, 2010. The population within the annexation area determined at the time of annexation was 25,458 people. 1 Tax Credit Threshold Panther Lake Annexation C. On February 16, 2010, the City Council passed Ordinance No. 3947, creating Chapter 3.27 of the Kent City Code and imposing the sales and use tax at the rate of 0.2 percent. D. On February 15, 2011, the City Council adopted Resolution No. 1839 confirming the tax rate at 0.2 percent and authorizing the finance director to certify the threshold amount for the 2011 fiscal year. E. On February 7, 2012, through Resolution No. 1853, the City Council adopted a new threshold amount for the 2012 fiscal year and authorized the finance director to certify the same. F. On February 19, 2013, through Resolution No. 1871, the City Council adopted a new threshold amount for the 2013 fiscal year and authorized the finance director to certify the same. G. With this Resolution, the City authorizes the imposition of similar annexation sales and use taxes for the 2014 fiscal year. H. The City Council of the city of Kent, Washington, finds and determines that the projected cost to provide municipal services to the Panther Lake Annexation Area for the 2014 fiscal year will be at least $11,949,899, and that this cost exceeds the projected general revenue that the City would otherwise receive from the annexation during the 2014 fiscal year, which is estimated to be $7,719,122. I. Pursuant to RCW 82.14.415, the city of Kent is authorized, under the circumstances of this annexation, to impose a sales and use tax for the 2014 fiscal year, which shall be collected by the State department of revenue from those persons who are taxable by the state under 2 Tax Credit Threshold Panther Lake Annexation Chapters 82.08 and 82.12 RCW, upon the occurrence of any taxable event within the City. J. The rate of tax imposed shall be 0.2 percent, and shall be in addition to other taxes authorized by law, and the threshold amount for the 2014 fiscal year is $4,230,777. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: RESOLUTION SECTION 1, - Rate and Threshold Amount. The Kent City Council determines that the threshold amount for the City's projected net cost in providing municipal services to the Panther Lake Annexation Area for the 2014 fiscal year is $4,230,777. The City Council previously imposed a sales and use tax at the rate of 0.2 percent, with the passage of Ordinance No. 3947 on February 16, 2010. SECTION 2, - Implementation and certification. The Mayor of the city of Kent is authorized to implement administrative procedures as may be necessary to carry out the provisions of this resolution. The City's Finance Director is authorized to certify the amount for the 2014 fiscal year to the appropriate agencies within the State of Washington. SECTION 3, - Severability. If any section, subsection, paragraph, sentence, clause or phrase of this resolution is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this resolution. 3 Tax Credit Threshold Panther Lake Annexation SECTION 4, - Savings. Resolution No. 1871 shall remain in full force and effect until the effective date of this resolution. SECTIONS. - Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. SECTION 6, - Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this resolution, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or resolution numbering and section/subsection numbering. SECTION 7, - Effective Date. This resolution shall take effect and be in force immediately upon its passage, however the imposition of the sales and use taxes for the 2014 state fiscal year authorized by this resolution shall not take effect until the commencement of that fiscal year. PASSED at a regular open public meeting by the City Council of the city of Kent, Washington, this day of 2014. CONCURRED in by the Mayor of the city of Kent this day of 2014. SUZETTE COOKE, MAYOR 4 Tax Credit Threshold Panther Lake Annexation ATTEST: RONALD F. MOORE, CITY CLERK APPROVED AS TO FORM: ARTHUR "PAT" FITZPATRICK, ACTING CITY ATTORNEY I hereby certify that this is a true and correct copy of Resolution No. passed by the City Council of the city of Kent, Washington, the day of 2014. RONALD F. MOORE, CITY CLERK P:\Civil\I solution\Mnexadon Sales Tax Threshold2014.docx 5 Tax Credit Threshold Panther Lake Annexation This page intentionally left blank. KENT Agenda Item: Consent - 7G TO: City Council DATE: February 4, 2014 SUBJECT: Emergency Guardrail Repair Service Contract with Peterson Brothers, Inc. - Authorize MOTION: Authorize the Mayor to sign a contract with Petersen Brothers Construction, Inc. to perform emergency repairs of damaged guardrails on an as needed basis in an amount not to exceed $20,000, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: The city typically has several guardrails that are damaged or destroyed each year by vehicles due to severe weather or inattentive drivers. In the past we have spent time soliciting bids for each repair. Petersen Brothers is the only business that consistently responds and at this time is the sole provider for this service in the region. We are requesting the approval of this contract to be able to expedite repairs. EXHIBITS: None RECOMMENDED BY: Public Works Committee YEA: Berrios - Ralph - Higgins NAY: BUDGET IMPACTS: Funds would be made available by Council through the use of Business and Occupation Tax. This page intentionally left blank. KENT Agenda Item: Consent - 7H TO: City Council DATE: February 4, 2014 SUBJECT: 2013 Crack Sealing Project Completion - Accept MOTION: Accept the 2012 Crack Sealing Project as complete and release retainage to C.R. Contracting, upon receipt of standard releases from the state and the release of any liens. SUMMARY: Crack sealing is a maintenance treatment used to prevent water from infiltrating cracks in a roadway. When water infiltrates cracks, it leads to accelerated damage of the roadway. Historically, Public Works Operations crews have performed crack sealing. Our crews still perform a significant amount of crack sealing work annually; however, the volume of work has exceeded the time available for in-house personnel. Therefore, several roadways in the valley were identified to have crack sealing performed by a Contractor. The original contract amount was $195,300.00. The final contract amount was $194,194.70. The project consisted of installing approximately 18 tons of rubberized asphalt for crack sealing on Central Avenue South, West Valley Highway, 84th Avenue South, 64th Avenue South, Meeker Street and several industrial streets in the northwest corner of the city. The contract is now complete and ready for Council acceptance. EXHIBITS: None RECOMMENDED BY: Public Works Director YEA: NAY: BUDGET IMPACTS: This project was funded from the Business & Occupation tax revenue. This item did not need to be brought to Committee. This page intentionally left blank. KENT Agenda Item: Consent - 7I TO: City Council DATE: February 4, 2014 SUBJECT: Oakleigh I & II Bill of Sale- Accept MOTION: Accept the Bill of Sale for the Oakleigh I & II project, permit 2071420, for 28 gate valves, 5 hydrants, and 3,816 linear feet of waterline; 17 sanitary sewer manholes, and 2,747 linear feet of sanitary sewerline; 384 linear feet of new curb and gutter, 272 linear feet of new sidewalk, 2 street lights, and 6 street trees; 1 storm sewer catch basin, and 320 linear feet of storm sewerline. SUMMARY: The Oakleigh I & II project is located at 27919 106th Ave. SE; parcel #3222059089. EXHIBITS: Oakleigh I & II Bill of Sale RECOMMENDED BY: Public Works Director YEA: NAY: BUDGET IMPACTS: This page intentionally left blank. MAIL TO: CITY OF KENT ENGINEERING DEPARTMENT ATTN: Ozzie Carrasquilla �Aj 220 — 4T" AVENUE SOUTH WASH IN a T O a KENT, WASHINGTON 98032 Project: Oakleigh I & II CITY OF KFNT Permit #:_RECC-2071420 JUN Q 5 201.E Location: 108" Avenue SE at SE 279th Street ENGINEERING UEP I Parcel #: 322205-9094. -9089. -9095, -9122, -9137 BILL OF SALE CITY OF KENT KING COUNTY, WASHINGTON THIS INSTRUMENT made this 12th day of April 2013, by and between Henley USA LLC, hereinafter called "Grantors", and City of Kent, a municipal corporation of King County, State of Washington, hereinafter called "Grantee": WITNESSETH: That the said Grantors for a valuable consideration does hereby grant, bargain, sell to Grantee the following described improvements: A. WATERMAINS: Together with a total of 28 gate valves at $800.00 each, 5 hydrants at $4,200 each and/or any other appurtenances thereto. ON FROM TO SE 2Both Street 1081h Avenue SE West plat boundary 105th Avenue SE 106th Avenue SE SE 278th Street SE 279th Street 1071h Place SE SE 2771h Place 108th Avenue SE Private Drive Access Including 3,816 linear feet at $42.00 per LF of 8" D.I. waterline, and 300 linear feet at $50.00 per LF of 12" D.I. waterline. Bill of Sale 14369.036.doc 1of5 B. SANITARY SEWERS: Together with a total of 17 manholes at $3,200.00 each and/or any other appurtenances thereto. ON FROM TO SE 2801h Street 1081h Avenue SE West plat boundary 105th Avenue SE 106th Avenue SE SE 278th Street SE 279th Street 107" Place SE SE 2771h Place 108th Avenue SE Private Drive Access Including 2,747 linear feet at $38.00 per LF of 8" PVC sewerline, and 611 linear feet at $50.00 per LF of 12" PVC sewerline. C. FRONTAGEIMPROVEMENTS: Together with lights, trees, landscaping (except residential streets) and/or any other appurtenances ON FROM M 1081h Avenue SE SE 279th Street SE 278t" Street Including 384 linear feet at $8.00 per LF of concrete curb and gutter, and 272 linear feet at $12.00 per LF of 6-foot concrete sidewalk, and 2 street lights at $6,500.00 each, and 6 street trees at $300.00 each. D. STORM SEWERS: Together with a total of 5 Type I catch basins at $950.00 each, and/or any other appurtenances thereto. ON FROM TO 1081h Avenue SE SE 279th Street SE 278th Street Including 320 linear feet at $28.00 per LF of 12" PVC sewerline. To have and to hold the same to the said Grantee, its successors and assigns forever. The undersigned hereby covenants that it is the lawful owner of said property; and that the same is free from all encumbrances; that all bills for labor and materials have been paid; that it has the right to sell the same aforesaid; that it will warrant and defend the same against the lawful claims and demand of all person(s). The Bill of Sale is given on consideration of the agreement of the Grantee for itself, its successors and assigns to incorporate said utilities in its utility system and to maintain them as provided in the applicable City Ordinances. The City accepts the items subject to staff approval and completion of a 2 year maintenance period. Bill of Sale 1436e.036.doc 2of5 IN WITNCEESS WHEREOF, the undersigned has caused this instrument to be executed on this L t day of 2013. ��V v,-..L,'f'\'Jv-- i=`�- L-Li.u1.C�; N'lfi,Vtet.�a• r�:,_�'._.. '.. IN WITNESS WHEREOF, the undersigned has caused this instrument to be executed on this day of 2013, STATE OF WASHINGTON ) ) SS COUNTY OF KING ) On this day of 2013, before me, .the undersigned A Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared to me known to be the individual described in and who executed the foregoing instrument, and acknowledged to me that he/she signed and sealed this instrument as his/her free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of 2013. Notary Public in and for the State of Washington, residing at My Commission Expires: Bill of Sale 14369.036.doc 3 of 5 i STATE OF WASHINGTON ) ) SS COUNTY OF KING ) On this is day of Y 2013, before me, the undersigned A Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared f�t' t (`--&A1/e-// and to me to be the PJ �c�P (,.bvo6 4d" d respectively of FiR/ � dA the�7G�M ;,Ce®/ G>'40,IAX l"rx that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said Gf-C for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute the said instrument. Witness my hand and official seal hereto affix the day and year first above written. �449bRSGilytrid�,�� �«•�@i,�Qp1NTih�ry,„•.,/Js�se. ,€ll .�' .l.�s�iwr � :0°4. Notary Public IW and for the ate of *, 30 w.Z_ Washington, residing at 2014 ?BeR AitP16 �0`��`` My Commission Expires: The Bill of Sale is given and accepted pursuant to a motion duly made, seconded, and passed by the City Council of the City of Kent, King County, Washington, on the day of 2013. Bill of Sale 14369.036.doc 4of5 FO i WASHINGTON it ENGINEER'S CERTIFICATION CITY OF KENT KING COUNTY, WASHINGTON The figures used on the Bill of Sale for the Oakleigh I and II project dated April 12, 2013, for the same said Oakleigh I and II project. Chris Jensen, the undersigned P.E. or land surveyor is the person responsible for the preparation of the Bill of Sale and is an employee of Barghausen Consulting Engineers, Inc., the firm responsible for the preparation of the record drawings. �R1S JEFys� evA �C O 4 11111� Sigr ature (Engineer stamp required) Bill of Sale 14369.036.doc 5of5 This page intentionally left blank. KENT Agenda Item: Other Business — 8A TO: City Council DATE: February 4, 2014 SUBJECT: Financial policy Resolution - Adopt MOTION: Move to adopt Resolution No. , repealing Resolution No. 1859, amending financial policies to be used for guidance when enacting and amending the city budget. SUMMARY: This resolution amends the city's financial policies by clarifying the requirements and available uses for the city's Strategic Opportunities Fund, first, by confirming that non-recurring revenues only be applied to non-recurring expenses, and second, by confirming that monies will not be spent out of this fund unless the council first approves the expenditure. Additionally, we have added a new, aspirational goal designed to obtain exceptional financial stability by increasing our total government fund balance to a point where it should carry the city through future economic downturns. EXHIBITS: Resolution and Exhibit RECOMMENDED BY: Operations Committee YEA: Thomas — Ralph — Boyce (post meeting) NAY: BUDGET IMPACTS: None This page intentionally left blank. RESOLUTION NO. A RESOLUTION of the city council of the city of Kent, Washington, repealing Resolution 1859 and adopting financial, accounting, and budgetary policies intended to provide short and long-term guidance to city staff for the purpose of achieving financial stability and achieving goals established in the City Council's Strategic Plan. RECITALS A. As the council developed its strategic plan, it also created a new set of financial, accounting and budgetary policies that are intended to offer short and long-term guidance to city staff as the city moves toward accomplishing the goals established in the strategic plan. The council adopted these financial policies by resolution on June 5, 2012. B. Since implementing these policies, the council has determined that certain policies, such as the policy pertaining to the city's "Strategic Opportunities Fund," need clarification. Further, in order to be best prepared for future economic downturns, the policies have been amended to add an aspirational goal of building a solid financial reserve for all city funds. C. Just as the strategic plan reflects goals and a vision the city strives to achieve, these amended policies reflect the financial goals and vision for the city. Accordingly, the council implements these policies today with the 1 Financial Policies Resolution understanding that not all goals can be achieved immediately, but rather will be achieved over time. THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: RESOLUTION SECTION 1, - Recitals. The foregoing recitals are incorporated by this reference. SECTION 2, - Repealer. Resolution No. 1859, adopted on June 5, 2012, is repealed in its entirety. SECTION 3, - Policies Adopted. The city of Kent Financial Policies attached as Exhibit A are adopted. SECTION 4, - Severabilitv. If any one or more section, subsection, or sentence of this resolution is held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining portion of this resolution and that remaining portion shall maintain its full force and effect. SECTION S. - Effective Date. This resolution shall take effect and be in force immediately upon its passage. PASSED at a regular open public meeting by the city council of the city of Kent, Washington, this day of 2014. SUZETTE COOKE, MAYOR 2 Financial Policies Resolution ATTEST: RONALD F. MOORE, CITY CLERK APPROVED AS TO FORM: ARTHUR 11PAT" FITZPATRICK, ACTING CITY ATTORNEY I hereby certify that this is a true and correct copy of Resolution No. passed by the city council of the city of Kent, Washington, the day of 2014. RONALD F. MOORE, CITY CLERK (SEAL) P:\Civil\Pesolution\financial Policies 2014.docx 3 Financial Policies Resolution FINANCIAL POLICIES FINANCIAL STABILITY POLICIES General Fund Reserves — The target for the General Fund Contingency Reserve is 10% of the General Fund budgeted expenditures or an amount that will maintain sufficient cash flow, whichever is greater. The policy is designed to provide a fiscal cushion and meet seasonal cash flow shortfalls. If the General fund reserve goes below 10%, based on the ending fund balance on December 31 of each year, the City shall take steps to rebuild the reserve within the next fiscal year. Strategic Opportunities Fund — The City shall annually transfer any amount in excess of the 10% General Fund Contingency Reserve in the General Fund to this fund, after first funding the Contingency for Unanticipated Costs. This fund will act as if it is a permanent fund except that it may be used to take advantage of investment opportunities that may arise. For the purposes of this section, "investment opportunities" includes expenditures intended to increase city revenues or decrease operating or capital costs. To the extent the balance in this fund is not from a recurring revenue source, it should only be utilized for a non-operating purpose or one time expenditure. In addition, any appropriation from this fund must first be approved by the City Council. In the event any of this fund is used in an economic downturn to stabilize city finances, such appropriation shall be repaid to the fund annually over the next three years. Capital Reserve Fund — The City shall annually budget a minimum of $250,000 into a reserve for the general capital needs of the City. Such fund may be used for unanticipated capital needs typically resulting from a natural disaster. This fund is designated to act as a stabilization fund for general capital and may, with a specific appropriation by City Council, be used for investment in revenue producing capital projects or capital projects that reduce recurring operational expenditures. This fund shall be enumerated in the budget and accrue each year. Contingency for Unanticipated Costs — The City will annually budget no less than $500,000 in the General fund for unanticipated costs. This amount, if unused, will be transferred in to a project account until the amount reaches a maximum of $1,500,000. If the fund or any portion of it is used, the City shall restore the balance to its $1,500,000 within three years. Maintenance and Operational Planning — Maintenance of current assets shall take priority over new capital projects whenever possible. The City Council shall ensure that there are stable sources of revenue to fund ongoing maintenance of capital assets. Before any new capital asset is approved, staff shall present an estimate of the life cycle and maintenance cost. Such costs shall be included in the budgets for the following years. The City Council shall not approve of new capital projects unless there is funding for the ongoing maintenance of the asset. The City shall maintain an inventory of all City assets and costs of maintenance of those assets. Total Governmental Funds Reserves — As an aspirational goal, the City shall maintain a total governmental fund balance of twice the greatest volatility in year over year changes in total revenues or $30 million, whichever is greater. DEBT POLICIES Projects Funded by Bonds — The use of long-term debt shall be minimized. The City should issue debt only for major capital projects. Debt should only be authorized for projects where the life of the asset constructed or acquired exceeds the life of the debt. Debt Service— To ensure that the City always meets all of their debt obligations, payments on outstanding debt shall be the highest priority before payment for other capital expenditures. Interfund Borrowing - The City will use interfund borrowing where such borrowing is cost effective to both the borrowing and the lending fund, and the funds will not be needed by the loaning fund during the term of the loan. Such borrowing shall implement Council directed policy in a simplified manner, such as borrowing associated with interim financing for local improvement district projects. A repayment plan should be approved along with the loan. The Mayor may approve loans for a term of one year. The Council must approve loans with terms longer than one year. Exhibit A OPERATING BUDGET POLICIES City Target Issues-The City Council will update its strategic plan in the early spring of each year. The staff will use this plan for development of the following year's budget priorities and the next biennial budget. Budget Kickoff—The Mayor and City Council shall meet in the Spring of even numbered years to plan the following biennial budget and agree on the anticipated revenues on which the preliminary budget will be based. The City Council shall review revenue estimates and preview potential changes to revenues. The City Council shall then approve the revenue amount that will be used by the Mayor to form the initial preliminary budget. The Mayor and City Council will meet additionally in late Summer to re-review the revenue estimates to adjust them more closely to the additional revenue information that has become available with the passage of time. Any changes resulting from this meeting shall be incorporated into the preliminary budget to be considered by City Council. Program Reviews — The Mayor shall perform a periodic review of staff and programs of the City for both efficiency and effectiveness.Alternate methods of delivery will be evaluated for providing services. Programs that are determined to be inefficient, ineffective, or inconsistent with the City Council's strategic goals shall be reduced in scope or eliminated. Preliminary Budget — The Mayor shall propose a preliminary budget in the Fall of even numbered years. The preliminary budget will be developed in accordance with the revenues approved by the City Council at the budget kickoff as amended. If the preliminary budget is based on revenues in excess of those approved by City Council,the Mayor will present the justification for the increased revenues or the additional proposed revenue sources. Structurally Balanced Budget—The Mayor shall present, and the City Council shall adopt a budget in which ongoing revenues equal or exceed ongoing expenditures. One time revenues shall not be used to pay for recurring expenditures. Conservative Expenditure Budgeting-The City will maintain its conservative expenditure budgeting with respect to budgeting existing full time positions for a full year. Acceptance of Grants —The City shall review any requirements for ongoing costs from any grant for operational purposes. Any requirement to fund any portion of the costs as a condition of receipt of the grant shall be a consideration in the decision to accept or reject the grant. Self Supporting Proprietary Funds-The City's water, sewer and golf course enterprise funds will be self supporting along with its internal service funds. The cost of providing services is expected to be fully funded from charges for the service. If the funds produce a loss, rates will be adjusted to achieve, at minimum, a break even status. If debt has been issued which requires a certain level of return, rates and charges will be adjusted to achieve those returns. Health Insurance Reserves — The target reserve for the Health Insurance Fund shall be two times IBNR. Full Cost of Service — The City will define its basic services to our residents. The services will be evaluated as to their full cost. This information will be incorporated and presented as a section of the annual budget. Exhibit A REVENUE AND COLLECTIONS Aggressive Collection Effort- The City will follow an aggressive policy of collecting all monies due the City to the extent that the collection efforts remain cost effective. Reimbursements on a timely basis—Many grants occur on a cost reimbursement basis. To maximize the City's available investable funds, reimbursement should be pursued on a timely basis. User Charges Related to Costs - The City will review fees and charges on an annual basis and will modify charges to adequately keep pace with increasing costs of providing services. User Charges and Taxes Related to Market Rates- The City will consider its user charges and its tax rates in connection with those of comparable sized communities and similar service providers, so that it will provide reasonable rates to maintain its advantage in the market place in attracting businesses and residences to the City of Kent. CAPITAL BUDGETING Committed Special Revenue Funds - The City will maintain its practice of designating its street and capital improvement revenue sources including a percentage of its sales tax collections for the funding of its capital improvement program. Capital Improvement Program - The City will update its capital facilities plan on an annual basis as required by the Growth Management Act. A preliminary plan will be established early in the budgeting process to serve as a guideline during the year,with a final amendment adopted with the adoption of the operating budgets to reflect the necessary changes in the City's Comprehensive Plan. DEBT POLICIES Projects Funded by Bonds — The use of long-term debt shall be minimized. The City should issue debt only for major capital projects. Debt should only be authorized for projects where the life of the asset constructed or acquired exceeds the life of the debt. Debt Service— To ensure that the City always meets all of their debt obligations, payments on outstanding debt shall be the highest priority before payment for other capital expenditures. Bond Rating-The Citywill continue to strive to improve its bond rating by improving its financial stability. Debt Capacity - The City strives to maintain adequate available debt capacity for large top priority projects. Bonding Limitations— Direct General Obligation Debt will not exceed 1.5% of assessed value; direct and indirect debt will not exceed 4% of assessed value; duration of the debt will not exceed 15 years. Revenue Debt Covenants—Will be based on the volatility of the revenues. Arbitrage regulations—Will be strictly followed. Special Assessment Guaranty Fund-The City will strive to maintain adequate reserves for retirement of special assessment debt through the maintenance of a special assessment guaranty fund at least 10% of outstanding special assessment debt. Interfund Borrowing - The City will use interfund borrowing where such borrowing is cost effective to both the borrowing and the lending fund, and the funds will not be needed by the loaning fund during the term of the loan. Such borrowing shall implement Council directed policy in a simplified manner, such as borrowing associated with interim financing for local improvement district projects. A repayment plan Exhibit A should be approved along with the loan. The Mayor may approve loans for a term of one year. The Council must approve loans with terms longer than one year. INVESTMENT POLICY Investment Security&Earnings Maximization-An investment policy was implemented per Ordinance #3278 in 1996 which detail the City's investment guidelines. The primary objective is to preserve the principal of the investment portfolio while maximizing the portfolio's return. FINANCIAL REPORTING Reporting frequency — Monthly budget and actual reports will be available to departments and a quarterly report will be presented to the City Council Operations Committee. Annual Report—Will be completed within 180 days. Reporting Improvements-The City will strive to continue to make improvements in its financial reporting scheme so that information available to the public,the City's governing bodies and other city departments is timely and the best available for sound financial decisions. Bondholders'Report— The City will prepare an annual report to bondholders. Full Disclosure—All public reports will contain full and complete disclosure of all material matters. Financial Trend Monitoring - The City will develop a program to evaluate its financial condition and establish a system for correcting any deficiencies noted. Annual Audits - The City will assist the State Auditor's Office in whatever way possible in conjunction with the preparation of the annual audit,and will implement modifications identified bythe State Auditorto improve the City's internal control and financial practices. Updates to these Policies—The Operations Committee of the City Council shall review these policies at least every four years. It is recommended that the review is done biennially during the budget process. Exhibit A ACCOUNTING Generally Accepted Accounting Principles-The City will maintain its position as a leader in producing financial reports in conformance with generally accepted accounting principles and pronouncements by the Governmental Accounting Standards Board. Basis of Accounting - The basis for accounting for the general fund, special revenue, debt service, capital projects and agency funds is modified accrual. Modified accrual recognizes revenues when they become both measurable and available to finance expenditures of the current period. The basis of accounting forthe enterprise, internal service funds and pension trustfund is full accrual. The appropriate basis is used throughout the budgeting, accounting and reporting processes, with few exceptions as noted below. Full accrual is a method of accounting that matches revenues and expenses with the period to which they relate, rather than focusing on actual cash flows. In this method, for example, an asset is depreciated as it is "used up", and the expense is recognized in periodic increments, rather than assuming the asset holds its value until it is actually disposed of. However, since the focus in budgeting is on the revenues and expendable accounts, depreciation and amortization are not considered budgetary accounts, and are excluded from the budgeting system. Likewise, debt service and capital expenditures are presented as the payments occur, departing from GAAP in this regard, in the budget document. Also, Trust and Agency Funds that may not be expended for governmental operations are excluded from this budget document. The presentation of the program budget departs from the basis of the legal budget by eliminating inter city transactions and allocating the net increases or decreases from internal services to the using programs. This is done to give the user a more complete picture of the total costs of the operating programs. Exhibit A BUDGET AND ACCOUNTING STRUCTURE The City of Kent, as all governmental units, operates its budget and accounting system based on a fund structure. Funds are established to segregate specific revenue to ensure their expenditure within applicable legal and contractual provisions. Revenues are allocated to and accounted for in individual funds based on the purposes for which they are to be spent and the means by which the spending activities are to be controlled. The City of Kent operates with seven basic fund types. Within each fund type there may exist one or more individual funds. The City of Kent operates with 26 individual funds. The fund types are listed below under their three major subheadings. FUND/PURPOSE RELATIONSHIP TO OTHER FUNDS GOVERNMENTAL FUNDS General Fund The General Fund is the principal operating The General Fund "buys" services from the fund of the City. It accounts for the financial Internal Service Funds: fuel and rental of resources of the City which are not accounted vehicles from the Equipment Rental Fund; for in any other fund. Principal sources of supplies, postage, photocopy, printing and revenue are property taxes, sales and use graphics, cable TV services, data processing taxes, utility taxes, licenses and permits, state and telephone services from Central Services; shared revenues, charges for services and facility maintenance and operation services interest income. Primary expenditures are for from Facilities; and insurance from the general City administration, police and fire Insurance Fund. Costs are allocated to all protection, engineering and planning services, funds in an effort to distribute accounting, park and street maintenance, and cultural and budgeting, legal and human resource services recreational services. as well as street, engineering and park services. General Fund also transfers funds for minor projects. Special Revenue Funds Special Revenue Funds are used to account for Taxes and grants are collected in the Street specific revenue sources that would otherwise Fund, LEOFF1 Retirees Fund, Lodging Tax be accounted for in the General Fund, but for Fund, Youth Teen Programs Fund, Capital which there exists certain legal restrictions as to Improvement Fund, Criminal Justice Fund, the use of certain revenues. The revenue is Community Development Block Grant Fund, segregated into individual special revenue funds Other Operating Projects Fund, and the Kent to ensure expenditure for a designated purpose. Events Center Operating Fund. Transfers from Principal sources of revenue are: state shared the Street and Capital Improvement Funds are fuel tax, earmarked sales and utility taxes and primarily to the Capital Project Funds or the community development block grant funds. The LTGO Debt Service Fund. major portion of these resources are transferred to other funds for debt retirement, capital acquisition and specific purposes operations. Exhibit A BUDGET AND ACCOUNTING STRUCTURE FUND/PURPOSE RELATIONSHIP TO OTHER FUNDS Debt Service Funds Debt Service Funds are used to account for the The Debt Service Funds receive the transfers accumulation of resources to be used for the from the Special Revenue Funds, Water Fund retirement of general long-term debt. The City and Sewerage Funds to pay principal and has three types of general long-term debt for interest on LTGO debt issues. which resources are accumulated: general obligation long-term debt (voted, general obligation long-term debt and LTGO)and special assessment debt. Sources of revenue to fund the retirement of general obligation long-term debt are property taxes and transfers in from other funds. Special assessments are levied and received to retire special assessment debt. Capital Projects Funds Capital Projects Funds are used to account for Transfers are received from Special Revenue the financing of major one time only capital and other funds as a partial source of funds projects other than those financed by Proprietary needed to complete projects. Funds. Sources of revenue are: proceeds of debt issuance, grants, and transfers from other funds. PROPRIETARY FUNDS Enterprise Funds Enterprise Funds are used to account for the The Enterprise Funds "buy" services from the financing of services provided to the general Equipment Rental Fund for equipment rental and public where all or most of the costs involved are fuel; from the Insurance Fund for insurance paid for by user charges. Operations financed needs; from the Central Service Funds for as enterprise funds are operated in a manner stores, telephone, postage, photocopying, similar to private business enterprises. Kent's printing and graphics, cable TV services, data enterprise funds are funded through water, processing and telecommunications; and from sewer, and drainage utility charges and the Facilities Fund for facility maintenance and recreational charges at the City's golf complex. operation services. The Enterprise Funds also reimburse the General Fund for cost allocations for budgeting,accounting, human resource, legal and engineering costs which relate to Enterprise Funds. Other funds purchase utilities at the same rate as the general public. Exhibit A BUDGET AND ACCOUNTING STRUCTURE FUND/PURPOSE RELATIONSHIP TO OTHER FUNDS Internal Service Funds Internal Service Funds are used to account for Centralizes costs for equipment rental, central the financing of specific services performed by services and insurance. These services are designated organizations within the City for "sold" to other funds at cost plus a reserve for other organizations within the City. The City's future needs. Equipment Rental, Central Service, Facilities Maintenance and Planning, and Insurance Funds provide centrally administered services then generate revenue by billing the organization to which the service is provided. FIDUCIARY FUND TYPES Trust and Agency Funds Trust and Agency Funds are used to account for assets held by the City as trustee or agent for individuals, private organizations or other governmental units. Since their funds are not expendable for City operations they are not included in the budget. However, per state auditor requirements, estimates are provided for their activities. Exhibit A BUDGET AND SPENDING CONTROL SYSTEM Budgets serve as control mechanisms in the operations of governmental units. Legal budgetary (expenditure) control in the City of Kent is maintained at the fund level. Administration can amend budgets, with no overall dollar increase between departments, within a fund. Supplemental appropriations that amend total expenditures, or in the case of Proprietary Funds amend working capital, require a City Council ordinance. All operating budgets lapse at the end of the biennium. Within each year of the biennium, a single year allocation will be adopted and operate as if it were an annual budget. General and Special Revenue Funds control expenditures with a legal biennial budget at the fund level. Debt Service Funds operate under the control of the bond indentures which established them. Capital Projects Funds operate under the control of total project authorization, rather than the annual budget. Proprietary Funds control expenditures with a flexible budget whereby the expenditure increases must be offset by increased resources. Though budgetary control is at the fund level, budget and actual information is maintained by project, organization, program and object. Both budget and actual information is presented on a GAAP basis of accounting, when presented by fund. The City must adopt its biennial budget by December of the preceding fiscal year. This usually follows six months of analysis by staff and City Council. The first step involves the establishment of the baseline revenue budget by the City Council. The second step is to review the City Council Strategic Goals and begin budget development to assist in achieving those goals.Third, undertake a program review to ensure that current program offerings are in agreement with City Council goals and priorities. The emphasis is placed on the General and Special Revenue Funds since the operation of other funds are tied to ordinances, contractual agreements or separately established rate structures. Once the baseline operations have been reviewed and adjusted based on administrative policy, program expansion is included to the level of projected available resources after the establishment of sufficient fund balances. A mid-biennium review is undertaken during the second year of the biennium in which any changes to the initial estimates of revenues and expenditures are to be reviewed. Such changes will be presented by the Mayor and discussed by the City Council. Any agreed upon changes shall be approved with an ordinance adopting changes to the biennial budget. After the preliminary budget document is prepared, the City Council spends approximately one month reviewing it. Public meetings are held to gather public input. When the budget review and final adjustment period is complete a balanced budget as required by state law is adopted by ordinance. After adoption, periodic budget adjustments that affect total fund expenditures are made as approved by City Council, but a final budget adjustment ordinance covering all approved changes is adopted at year end or the beginning of the next biennium. This page intentionally left blank. FINANCIAL POLICIES FINANCIAL STABILITY POLICIES General Fund Reserves—The target for the General Fund Contingency Reserve is 10% of the General Fund budgeted expenditures or an amount that will maintain sufficient cash flow, whichever is greater. The policy is designed to provide a fiscal cushion and meet seasonal cash flow shortfalls. If the General fund reserve goes below 10%, based on the ending fund balance on December 31 of each year, the City shall take steps to rebuild the reserve within the next fiscal year. Strategic Opportunities Fund —The City shall annually transfer any amount in excess of the 10% General Fund Contingency Reserve in the General Fund to this fund, after first funding the Contingency for Unanticipated Costs. This fund will act as if it is a permanent fund except that it may be used to take advantage of investment opportunities that may arise .. AsTo the extent , this fund _"a" GAIY be 61t I Zed Lhen the first a roved b City Council. In the event any of this funds used inlanfeco omit dovvnt is pp y y y wnturn to stabilize city finances, such appropriation shall be repaid to the fund annually over the next three years. Capital Reserve Fund — The City shall annually budget a minimum of $250,000 into a reserve for the general capital needs of the City. Such fund may be used for unanticipated capital needs typically resulting from a natural disaster. This fund is designated to act as a stabilization fund for general capital and may, with a specific appropriation by City Council, be used for investment in revenue producing capital projectsr This fund shall be enumerated in the budget and accrue each year. Contingency for Unanticipated Costs—The City will annually budget no less than $500,000 in the General fund for unanticipated costs. This amount, if unused, will be transferred in to a project account until the amount reaches a maximum of$1,500,000. If the fund or any portion of it is used, the City shall restore the balance to its$1,500,000 within three years. Maintenance and Operational Planning — Maintenance of current assets shall take priority over new capital projects whenever possible. The City Council shall ensure that there are stable sources of revenue to fund ongoing maintenance of capital assets. Before any new capital asset is approved, staff shall present an estimate of the life cycle and maintenance cost. Such costs shall be included in the budgets for the following years. The City Council shall not approve of new capital projects unless there is funding for the ongoing maintenance of the asset. The City shall maintain an inventory of all City assets and costs of maintenance of those assets. Total Governmental Funds Reserves — As an aspirational coal, the City shall maintain a� Formatted:Font:Bold total governmental fund balance of twice the greatest volatility in year over year changes in Formatted:Indent:Left: 0.12" total revenues or$30 million, whichever is greater. DEBT POLICIES Projects Funded by Bonds—The use of long-term debt shall be minimized. The City should issue debt only for major capital projects. Debt should only be authorized for projects where the life of the asset constructed or acquired exceeds the life of the debt. Debt Service—To ensure that the City always meets all of their debt obligations, payments on outstanding debt shall be the highest priority before payment for other capital expenditures. Interfund Borrowing - The City will use interfund borrowing where such borrowing is cost effective to both the borrowing and the lending fund, and the funds will not be needed by the loaning fund during the term of the loan. Such borrowing shall implement Council directed policy in a simplified manner, such as borrowing associated with interim financing for local improvement district projects. A repayment plan should be approved along with the loan. The Mayor may approve loans for a term of one year. The Council must approve loans with terms longer than one year. BIDS This page intentionally left blank. REPORTS FROM STAFF, COUNCIL COMMITTEES, AND SPECIAL COMMITTEES A. Council President B. Mayor C. Administration D. Economic & Community Development E. Operations F. Parks & Human Services G. Public Safety H. Public Works I. Regional Fire Authority J. Other K. Other This page intentionally left blank. EXECUTIVE SESSION ACTION AFTER EXECUTIVE SESSION This page intentionally left blank.