Loading...
HomeMy WebLinkAbout3524ORDINANCE NO. 3524 AN ORDINANCE of the City of Kent, Washington, relating to contracting indebtedness; providing for the issuance of $20,145,000 par value of Limited Tax General Obligation Various Purpose and Refunding Bonds, 2000, of the City for (a) general City purposes to provide funds with which to finance a variety of capital projects, (b) to provide part of the funds with which to pay the cost of advance refunding a portion of the City's outstanding Limited Tax General Obligation and Refunding Bonds, 1995, and Limited Tax General Obligation Bonds, 1999, and (c) paying the administrative costs of such refimding and the costs of issuance and sale of such bonds; fixing the date, form, maturities, interest rates, terms and covenants of the bonds; providing for and authorizing the purchase of certain obligations out of the proceeds of the sale of the bonds herein authorized and for the use and application of the money derived from those investments; authorizing the execution of an agreement with U.S. Bank Trust National Association of Seattle, Washington, as refunding trustee; providing for the call, payment and redemption of the outstanding bonds to be refunded; providing for bond insurance; establishing a bond redemption fund and a project fund; and approving the sale and providing for the delivery of the bonds to Lehman Brothers Inc. of Seattle, Washington. PASSED SEPTEMBER 19, 2000 This document prepared by: Foster Pepper & Shefelman PLLC 1111 Third Avenue, Suite 3400 Seattle, Washington 98101 (206) 447-4400 50193413.05 TABLE OF CONTENTS Page SECTION]. Definitions................................................................................................ 4 SECTION2. Debt Capacity........................................................................................... 6 SECTION 3. Authorization and Purposes of Bonds ...................................................... 6 SECTION 4. Description of Bonds................................................................................ 7 SECTION 5. Registration and Transfer of Bonds......................................................... 8 SECTION 6. Payment of Bonds................................................................................... 10 SECTION 7. Redemption Provisions and Open Market Purchase of Bonds ............... 10 SECTION 8. Notice of Redemption.............................................................................. 12 SECTION 9. Failure To Redeem Bonds...................................................................... 13 SECTION 10. Pledge of Taxes..................................................................................... 13 SECTION 11. Refunding of the Refunded Bonds......................................................... 13 SECTION 12. Call for Redemption of the 1995 Refunded Bonds ............................... 16 SECTION 13. City Findings with Respect to Refunding ............................................. 17 SECTION 14. Bond Fund and Deposit of Bond Proceeds .......................................... 17 SECTION 15. Form and Execution of Bonds.............................................................. 18 SECTION 16. Bond Registrar...................................................................................... 19 SECTION 17. Preservation of Tax Exemption for Interest on Bonds ......................... 19 SECTION 18. Refunding or Defeasance of the Bonds ................................................. 20 SECTION 19. Approval of Bond Purchase Contract .................................................. 21 SECTION 20. Preliminary Official Statement Deemed Final ..................................... 22 SECTION21. Undertaking to Provide Continuing Disclosure ................................... 22 SECTION22. Bond Insurance..................................................................................... 25 SECTION 23. Severability...........................................................................................28 SECTION 24. Effective Date...................................................................................... 29 �To-d m 1 LTGO Various Purpose and Refunding Bonds, 2000 ORDINANCE NO. 3524 AN ORDINANCE of the City of Kent, Washington, relating to contracting indebtedness; providing for the issuance of $20,145,000 par value of Limited Tax General Obligation Various Purpose and Refunding Bonds, 2000, of the City for (a) general City purposes to provide funds with which to finance a variety of capital projects, (b) to provide part of the funds with which to pay the cost of advance refunding a portion of the City's outstanding Limited Tax General Obligation and Refunding Bonds, 1995, and Limited Tax General Obligation Bonds, 1999, and (c) paying the administrative costs of such refunding and the costs of issuance and sale of such bonds; fixing the date, form, maturities, interest rates, terms and covenants of the bonds; providing for and authorizing the purchase of certain obligations out of the proceeds of the sale of the bonds herein authorized and for the use and application of the money derived from those investments; authorizing the execution of an agreement with U.S. Bank Trust National Association of Seattle, Washington, as refunding trustee; providing for the call, payment and redemption of the outstanding bonds to be refunded; providing for bond insurance; establishing a bond redemption fund and a project fund; and approving the sale and providing for the delivery of the bonds to Lehman Brothers Inc. of Seattle, Washington. WHEREAS, the City of Kent, Washington (the "City"), is in need of financing a variety of capital projects which are more particularly described in Exhibit A to this ordinance, the estimated cost of which is $11,705,000, and the City does not have available sufficient funds to pay the cost; and WHEREAS, pursuant to Ordinance No. 3209, the City heretofore issued its $5,420,000 par value Limited Tax General Obligation and Refunding Bonds, 1995 (the "1995 Bonds"), for the purpose of providing part of the funds with which to pay the 1 LTGO Various Purpose and Refunding Bonds, 2000 cost of advance refunding the City's outstanding Golf Complex Revenue Bonds, 1988, acquiring, constructing and installing certain improvements to the City's Golf Complex and paying the administrative costs of such refunding and costs of issuance, and by that ordinance reserved the right to redeem the 1995 Bonds prior to their maturity at any time on or after December 1, 2004, at 101% of par, plus accrued interest to the date fixed for redemption; and WHEREAS, there are presently outstanding $1,035,000 par value of 1995 Bonds maturing on December 1 in the years 2009 and 2010, and bearing interest at the rates of 6.20% and 6.25%, respectively (the "1995 Refunded Bonds"); and WHEREAS, pursuant to Ordinance No. 3444, the City heretofore issued its $21,205,000 par value Limited Tax General Obligation Bonds, 1999 (the "1999 Bonds"), for the purpose of financing a variety of capital projects, including technology and communication upgrades, acquiring land and buildings for municipal purposes and providing major municipal facility upgrades and street improvements; and WHEREAS, there are presently outstanding $7,965,000 par value of 1999 Bonds maturing on December 1 of each of the years 2004 through 2009, inclusive, and bearing various interest rates from 4.00% to 4.40% (the "1999 Refunded Bonds"); and WHEREAS, after due consideration, it appears to the City Council that the 1995 Refunded Bonds and 1999 Refunded Bonds (collectively, the "Refunded Bonds") may be refunded by the issuance and sale of the limited tax general obligation refunding bonds authorized herein (the "Bonds") so that a substantial savings will be effected by the difference between the principal and interest cost over the life of the Bonds allocated to such refunding and the principal and interest cost over the life of the Refunded Bonds but for such refunding, which refunding will be effected by: 2 LTGO Various Purpose and Refunding Bonds, 2000 (a) The issuance of the Bonds and the payment of the administrative costs of the refunding; (b) The payment of the interest on the 1995 Refunded Bonds when due up to and including December 1, 2004, and the call, payment and redemption on December 1, 2004, of all of the then -outstanding 1995 Refunded Bonds at a price of 101% of par; and (c) The payment of the principal of and interest on the 1999 Refunded Bonds when due; (the "Refunding Plan") and WHEREAS, to effect that refunding in the manner that will be most advantageous to the City it is found necessary and advisable that certain Acquired Obligations (hereinafter defined) bearing interest and maturing at such time or times as necessary to accomplish the refunding as aforesaid be purchased out of a portion of the proceeds of the Bonds; and WHEREAS, the City Council deems it to be in the best interests of the City to issue and sell the Bonds to pay costs of advance refunding the Refunded Bonds and to pay the administrative costs of such refunding and the costs of issuance and sale of the Bonds; and WHEREAS, the MBIA Insurance Corporation of Armonk, New York (`Bond Insurer"), has made a commitment to issue an insurance policy (the "Municipal Bond Insurance Policy") insuring the payment when due of the principal of and interest on the Bonds as provided therein, and the City Council of the City deems that the purchase of the Municipal Bond Insurance Policy is in the best interest of the City; and WHEREAS, Lehman Brothers Inc. of Seattle, Washington, has offered to purchase the bonds authorized herein under the terms and conditions hereinafter set forth in the form of a bond purchase contract; NOW, THEREFORE, r b� �uro.� o�.�� 3 LTGO Various Purpose and Refunding Bonds, 2000 THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION L Definitions. As used in this ordinance, the following words shall have the following meanings: "Acquired Obligations" means those United States Treasury Certificates of Indebtedness and/or Notes --State and Local Government Series and other direct, noncallable obligations of the United States of America purchased to accomplish the Refunding Plan as authorized by this ordinance. "Bond Fund" means the Limited Tax General Obligation Various Purpose and Refunding Bond Fund, 2000, created by this ordinance for the payment of the Bonds. "Bond Insurer" means MBIA Insurance Corporation, of Armonk, New York. "Bond Register" means the books or records maintained by the Bond Registrar containing the name and mailing address of the owner of each Bond and the principal amount and number of Bonds held by each owner. "Bond Registrar" means collectively, the fiscal agent and co -fiscal agent of the State of Washington, as the same may be designated from time to time. "Bonds" means the $20,145,000 par value Limited Tax General Obligation Various Purpose and Refunding Bonds, 2000, of the City issued pursuant to and for the purposes provided in this ordinance. "1995 Bonds" means the outstanding Limited Tax General Obligation and Refunding Bonds, 1995, of the City issued pursuant to Ordinance No. 3209, the refunding of a portion of which has been provided for by this ordinance. 1995 Refunded Bonds" means the presently outstanding $1,035,000 par value of 1995 Bonds maturing on December 1 in the years 2009 and 2010, and bearing interest at the rates of 6.20% and 6.25%, respectively. "1999 Bonds" means the outstanding Limited Tax General Obligation Bonds, 1999, of the City issued pursuant to Ordinance No. 3444, the refunding of a portion of which has been provided for by this ordinance. 4 LTGO Various Purpose and Refunding Bonds, 2000 "1999 Refunded Bonds" means the presently outstanding $7,965,000 par value of 1999 Bonds maturing on December 1 of each of the years 2004 through 2009, inclusive, and bearing various interest rates from 4.00% to 4.40%. "City" means the City of Kent, Washington, a municipal corporation duly organized and existing under and by virtue of the laws of the State of Washington. "Code" means the United States Internal Revenue Code of 1986, as amended, and applicable rules and regulations promulgated thereunder. "DTC" means The Depository Trust Company, New York, New York. "Finance Director" means the Finance Director of the City. "Government Obligations" means direct, noncallable obligations of the United States of America. "Letter of Representations" means the Blanket Issuer Letter of Representations dated March 16, 1999, between the City and DTC, as it may be amended from time to time. "Municipal Bond Insurance Policy" means the policy issued by the Bond Insurer insuring the payment of the principal of and interest on the Bonds. "Projects" means a variety of capital projects as identified in Exhibit A, attached hereto and by this reference made a part hereof. "Refunded Bonds" means, collectively, the 1995 Refunded Bonds and 1999 Refunded Bonds. "Refunding Plan" means: (a) the placement of sufficient proceeds of the Bonds which, with other money of the City, if necessary, will acquire the Acquired Obligations to be deposited, with cash, if necessary, with the Refunding Trustee; (b) the payment of the interest on the 1995 Refunded Bonds when due up to and including December 1, 2004, and the call, payment and redemption on December 1, 2004, of all of the then -outstanding 1995 Refunded Bonds at a price of 101 % of par; (c) the payment of the principal of and interest on the 1999 Refunded Bonds when due; and {;;uraao5 LTGO Various Purpose and Refunding Bonds, 2000 (d) the costs of payment of the administrative costs of the Refunding Plan. "Refunding Trust Agreement" means a Refunding Trust Agreement between the City and the Refunding Trustee substantially in the form of that which is on file with the City Clerk and by this reference incorporated herein. "Refunding Trustee" means U.S. Bank Trust National Association, Seattle, Washington, serving as trustee or escrow agent or any successor trustee or escrow agent. SECTION2. Debt Capacity. The assessed valuation of the taxable property within the City as ascertained by the last preceding assessment for City purposes for the calendar year 2000 is $6,468,731,941, and the City has outstanding general indebtedness evidenced by limited tax general obligation bonds, loans, leases and conditional sales contracts in the principal amount of $59,950,046 incurred within the limit of up to 1-1/2% of the value of the taxable property within the City permitted for general municipal purposes without a vote of the qualified voters therein, $9,000,000 of which will be refunded by the Bonds, unlimited tax general obligation bonds in the principal amount of $11,425,000 incurred within the limit of up to 2-1/2% of the value of the taxable property within the City for capital purposes only issued pursuant to a vote of the qualified voters of the City, and the amount of indebtedness for which bonds are authorized herein to be issued is $20,145,000. SECTION 3. Authorization and Purposes of Bonds. The City shall borrow money on the credit of the City and issue negotiable limited tax general obligation various purpose and refunding bonds evidencing that indebtedness in the amount of $20,145,000 for general City purposes to provide the funds to finance the Projects, carry out the Refunding Plan, and to pay the costs of issuance and sale of the bonds (the "costs of issuance"). The general indebtedness to be incurred shall be within the limit of up to 1-1/2% of the value of the taxable property within the City permitted for general municipal purposes without a vote of the qualified voters therein. 6 LTGO Various Purpose and Refunding Bonds, 2000 The City shall issue the bonds in the manner described in this ordinance and spend the proceeds thereof to pay costs of the Projects and to carry out the Refunding Plan. The costs of all necessary architectural, engineering, legal and other consulting services, inspection and testing, administrative and relocation expenses, interim interest expenses, site acquisition or improvement, demolition, on and off-site utilities, related improvements and all other costs incurred in connection with the making or acquiring of the foregoing improvements constituting the Projects shall be deemed a part of the costs of such improvements and acquisitions. The Projects shall include all necessary furniture, equipment and appurtenances. The City Council shall determine the application of available money between the various parts or elements of the Projects so as to accomplish, as near as may be, all improvements and acquisitions described. The City Council also shall determine as appropriate the exact order, features, extent and specifications for the Projects. If the City Council shall determine in its discretion that it has become impractical to accomplish any of such improvements and acquisitions or portions thereof by reason of state or local circumstances, including, but not limited to, changed conditions or needs, regulatory considerations, incompatible development or costs substantially in excess of those estimated, the City shall not be required to accomplish such improvements and acquisitions and may apply the bond proceeds or any portion thereof to other portions of the improvements and acquisitions, to other proper purposes as the City Council may direct, or to payment of principal of or interest on the Bonds. SECTION 4. Description of Bonds. The Bonds shall be in the aggregate principal amount of $20,145,000; shall be dated October 1, 2000; shall be in the denomination of $5,000 or any integral multiple thereof within a single maturity; shall be numbered separately in the manner and with any additional designation as the Bond Registrar deems necessary for purposes of identification; shall bear interest (computed on the basis of a 360 -day year of twelve 30 -day months) payable 7 LTGO Various Purpose and Refunding Bonds, 2000 semiannually on each June 1 and December 1, commencing December 1, 2000, to the maturity or earlier redemption of the Bonds; and shall mature on December 1 in years and amounts and bear interest at the rates per annum as follows: Maturity Interest Years Amounts Rates 2000 $ 130,000 4.500% 2001 45000 4.400 2002 475,000 4.500 2003 495,000 4.500 2004 1,810,000 5.000 2005 1,905,000 5.000 2006 2,010,000 5.250 2007 1,665,000 5.250 2008 1,570,000 5.000 2009 1,000,000 5.000 2009 1,145,000 5.500 2010 1,015,000 5.500 2020 6,475,000 5.375 The term of the Bonds allocated to the various Projects does not exceed the expected lives of the Projects to be financed with the proceeds of the Bonds. SECTION S. Registration and Transfer o Bonds. The Bonds shall be issued only in registered form as to both principal and interest and shall be recorded on the Bond Register. The Bond Register shall contain the name and mailing address of the owner of each Bond and the principal amount and number of each of the Bonds held by each owner. Bonds surrendered to the Bond Registrar may be exchanged for Bonds in any authorized denomination of an equal aggregate principal amount and of the same interest rate and maturity. Bonds may be transferred only if endorsed in the manner provided thereon and surrendered to the Bond Registrar. Any exchange or transfer shall be without cost to the owner or transferee. The Bond Registrar shall not be obligated ems.• o-o.�� 8 LTGO Various Purpose and Refunding Bonds, 2000 to exchange or transfer any Bond during the 15 days preceding any principal payment or redemption date. The Bonds initially shall be registered in the name of Cede & Co., as the nominee of DTC. The Bonds so registered shall be held in fully immobilized form by DTC as depository in accordance with the provisions of the Letter of Representations. Neither the City nor the Bond Registrar shall have any responsibility or obligation to DTC participants or the persons for whom they act as nominees with respect to the Bonds regarding accuracy of any records maintained by DTC or DTC participants of any amount in respect of principal of or interest on the Bonds, or any notice which is permitted or required to be given to registered owners hereunder (except such notice as is required to be given by the Bond Registrar to DTC). For as long as any Bonds are held in fully immobilized form, DTC, its nominee or its successor depository shall be deemed to be the registered owner for all purposes hereunder and all references to registered owners, bondowners, bondholders or the like shall mean DTC or its nominee and shall not mean the owners of any beneficial interests in the Bonds. Registered ownership of such Bonds, or any portions thereof, may not thereafter be transferred except: (i) to any successor of DTC or its nominee, if that successor shall be qualified under any applicable laws to provide the services proposed to be provided by it; (ii) to any substitute depository appointed by the City or such substitute depository's successor; or (iii) to any person if the Bonds are no longer held in immobilized form. 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 City that it no longer wishes to continue the system of book entry transfers through DTC or its successor (or any substitute depository or its successor), the City may 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. 9 LTGO Various Purpose and Refunding Bonds, 2000 If (i) DTC or its successor (or substitute depository or its successor) resigns from its functions as depository, and no substitute depository can be obtained, or (ii) the City determines that the Bonds are to be in certificated form, the ownership of Bonds may be transferred to any person as provided herein and the Bonds no longer shall be held in fully immobilized form. SECTION 6. Payment of Bonds. Both principal of and interest on the Bonds shall be payable in lawful money of the United States of America. Interest on the Bonds shall be paid by checks or drafts of the Bond Registrar mailed on the interest payment date to the registered owners at the addresses appearing on the Bond Register on the 15th day of the month preceding the interest payment date. Principal of the Bonds shall be payable upon presentation and surrender of the Bonds by the registered owners at either of the principal offices of the Bond Registrar at the option of the registered owners. Notwithstanding the foregoing, for as long as the Bonds are registered in the name of DTC or its nominee, payment of principal of and interest on the Bonds shall be made in the manner set forth in the Letter of Representations. SECTION 7. Redemption Provisions and Open Market Purchase of Bonds. Bonds maturing in the years 2001 through 2010, inclusive, shall be issued without the right or option of the City to redeem those Bonds prior to their stated maturity dates. The City reserves the right and option to redeem the Bonds maturing on or after December 1, 2011, prior to their stated maturity dates at any time on or after December 1, 2010, as a whole or in part (within one or more maturities selected by the City and randomly within a maturity in such manner as the Bond Registrar shall determine), at the following prices (expressed as a percentage of par), plus accrued interest to the date fixed for redemption: Redemption Dates December 1, 2010, through November 30, 2011 December 1, 2011, and thereafter Redemption Prices 101.0% 100.0 10 LTGO Various Purpose and Refunding Bonds, 2000 Bonds maturing in 2020 are Term Bonds and, if not redeemed under the optional redemption provisions set forth above or purchased in the open market under the provisions set forth below, shall be called for redemption by lot (in such manner as the Bond Registrar shall determine) at par plus accrued interest on December 1 in years and amounts as follows: Mandatory Mandatory Redemption Redemption Years Amounts 2011 $505,000 2012 535,000 2013 560,000 2014 590,000 2015 625,000 2016 655,000 2017 695,000 2018 730,000 2019 770,000 2020 (maturity) 810,000 If the City shall redeem Term Bonds under the optional redemption provisions set forth above or purchase Term Bonds in the open market as set forth below, the par amount of the Term Bonds so redeemed or purchased (irrespective of their actual redemption or purchase prices) shall be credited against one or more scheduled mandatory redemption amounts for those Term Bonds (as allocated by the City) beginning not earlier than 60 days after the date of the optional redemption or purchase, and the City shall promptly notify the Bond Registrar in writing of the manner in which the credit for the Term Bonds so redeemed or purchased has been allocated. Portions of the principal amount of any Bond, in installments of $5,000 or any integral multiple thereof, may be redeemed. If less than all of the principal amount of any Bond is redeemed, upon surrender of that Bond at either of the principal offices of the Bond Registrar, there shall be issued to the registered owner, without 11 LTGO Various Purpose and Refunding Bonds, 2000 charge therefor, a new Bond (or Bonds, at the option of the registered owner) of the same maturity and interest rate in any of the denominations authorized by this ordinance in the aggregate principal amount remaining unredeemed. The City further reserves the right and option to purchase any or all of the Bonds in the open market at any time at any price plus accrued interest to the date of purchase. All Bonds purchased or redeemed under this section shall be canceled. Notwithstanding the foregoing, for as long as the Bonds are registered in the name of DTC or its nominee, selection of Bonds for redemption shall be in accordance with the Letter of Representations. SECTION 8. Notice of Redem tp ion. The City shall cause notice of any intended redemption of Bonds to be given not less than 30 nor more than 60 days prior to the date fixed for redemption by first-class mail, postage prepaid, to the registered owner of any Bond to be redeemed at the address appearing on the Bond Register at the time the Bond Registrar prepares the notice, and the requirements of this sentence shall be deemed to have been fulfilled when notice has been mailed as so provided, whether or not it is actually received by the registered owner of any Bond. Interest on Bonds called for redemption shall cease to accrue on the date fixed for redemption unless the Bond or Bonds called are not redeemed when presented pursuant to the call. In addition, the redemption notice shall be mailed within the same period, postage prepaid, to Moody's Investors Service, Inc., and Standard & Poor's at their offices in New York, New York, or their successors, to Lehman Brothers Inc. at its principal office in Seattle, Washington, or its successor, to the Bond Insurer at its principal office in Armonk, New York, or its successor, to each NRMSIR or the MSRB and to such other persons and with such additional information as the Finance Director shall determine, but these additional mailings shall not be a condition precedent to the redemption of Bonds. 12 LTGO Various Purpose and Refunding Bonds, 2000 Notwithstanding the foregoing, for as long as the Bonds are registered in the name of DTC or its nominee, notice of redemption shall be given in accordance with the Letter of Representations. SECTION 9. Failure To Redeem Bonds. If any Bond is not redeemed when properly presented at its maturity or call date, the City shall be obligated to pay interest on that Bond at the same rate provided in the Bond from and after its maturity or call date until that Bond, both principal and interest, is paid in full or until sufficient money for its payment in full is on deposit in the bond redemption fund hereinafter created and the Bond has been called for payment by giving notice of that call to the registered owner of each of those unpaid Bonds. SECTION 10. Pledge of Taxes. For as long as any of the Bonds are outstanding, the City irrevocably pledges to include in its budget and levy taxes annually within the constitutional and statutory tax limitations provided by law without a vote of the electors of the City on all of the taxable property within the City in an amount sufficient, together with other money legally available and to be used therefor, to pay when due the principal of and interest on the Bonds, and the full faith, credit and resources of the City are pledged irrevocably for the annual levy and collection of those taxes and the prompt payment of that principal and interest. SECTION 11. Refunding of the Refunded Bonds. (a) Appointment of Refunding Trustee. U.S. Bank Trust National Association of Seattle, Washington, is appointed Refunding Trustee. (b) Use of Bond Proceeds; Acquisition of Acquired Obligations. A sufficient amount of the proceeds of the sale of the Bonds shall be deposited immediately upon the receipt thereof with the Refunding Trustee and used to discharge the obligations of the City relating to the Refunded Bonds under Ordinances 13 LTGO Various Purpose and Refunding Bonds, 2000 Nos. 3209 and 3444 by providing for the payment of the amounts required to be paid by the Refunding Plan. To the extent practicable, such obligations shall be discharged fully by the Refunding Trustee's simultaneous purchase of the Acquired Obligations, bearing such interest and maturing as to principal and interest in such amounts and at such times so as to provide, together with a beginning cash balance, if necessary, for the payment of the amount required to be paid by the Refunding Plan. The Acquired Obligations are listed and more particularly described in Schedule A attached to the Refunding Trust Agreement between the City and the Refunding Trustee, but are subject to substitution as set forth below. Any Bond proceeds or other money deposited with the Refunding Trustee not needed to purchase the Acquired Obligations and provide a beginning cash balance, if any, and, if applicable, pay the costs of issuance of the Bonds shall be returned to the City at the time of delivery of the Bonds to the initial purchaser thereof and deposited in the Bond Fund to pay interest on the Bonds on the first interest payment date. (c) Substitution of Acquired Obli atm. Prior to the purchase of any Acquired Obligations by the Refunding Trustee, the City reserves the right to substitute other Government Obligations for any of the Acquired Obligations and to use any savings created thereby for any lawful City purpose if, (a) in the opinion of Foster Pepper & Shefelman PLLC, the City's bond counsel, the interest on the Bonds and the Refunded Bonds will remain excluded from gross income for federal income tax purposes under Sections 103, 148, and 149(d) of the Code, and (b) such substitution shall not impair the timely payment of the amounts required to be paid by the Refunding Plan, as verified by a nationally recognized independent certified public accounting firm. After the purchase of the Acquired Obligations by the Refunding Trustee, the City reserves the right to substitute therefor cash or Government Obligations subject to the conditions that such money or securities held by the Refunding Trustee shall be sufficient to carry out the Refunding Plan, that such substitution will not cause the Bonds and the Refunded Bonds to be arbitrage bonds 14 LTGO Various Purpose and Refunding Bonds, 2000 within the meaning of Section 148 of the Code and regulations thereunder in effect on the date of such substitution and applicable to obligations issued on the issue date of the Bonds, and that the City obtain, at its expense: (1) a verification by a nationally recognized independent certified public accounting firm acceptable to the Refunding Trustee confirming that the payments of principal of and interest on the substitute securities, if paid when due, and any other money held by the Refunding Trustee will be sufficient to carry out the Refunding Plan; and (2) an opinion from Foster Pepper & Shefelman PLLC, bond counsel to the City, its successor, or other nationally recognized bond counsel to the City, to the effect that the disposition and substitution or purchase of such securities, under the statutes, rules, and regulations then in force and applicable to the Bonds, will not cause the interest on the Bonds or the Refunded Bonds to be included in gross income for federal income tax purposes and that such disposition and substitution or purchase is in compliance with the statutes and regulations applicable to the Bonds. Any surplus money resulting from the sale, transfer, other disposition, or redemption of the Acquired Obligations and the substitutions therefor shall be released from the trust estate and transferred to the City to be used for any lawful City purpose. (d) Administration of Refundiniz Plan. The Refunding Trustee is authorized and directed to purchase the Acquired Obligations (or Government Obligations) and to make the payments required to be made by the Refunding Plan from the Acquired Obligations (or Government Obligations) and money deposited with the Refunding Trustee pursuant to this ordinance. All Acquired Obligations (or Government Obligations) and the money deposited with the Refunding Trustee and any income therefrom shall be held irrevocably, invested and applied in accordance with the provisions of Ordinances Nos. 3209 and 3444, this ordinance, chapter 39.53 RCW and other applicable statutes of the State of Washington and the Refunding Trust Agreement. All necessary and proper fees, compensation, and expenses of the Refunding Trustee for the Bonds and all other costs incidental to the setting up of the escrow to accomplish the refunding of the Refunded Bonds and costs related to the issuance and delivery of the Bonds, including bond printing, verification fees, bond insurance premium, bond 15 LTGO Various Purpose and Refunding Bonds, 2000 counsel's fees, and other related expenses, shall be paid out of the proceeds of the Bonds. (e) Authorization for Refunding Trust Agreement. To carry out the Refunding Plan provided for by this ordinance, the Mayor or Finance Director of the City is authorized and directed to execute and deliver to the Refunding Trustee a Refunding Trust Agreement substantially in the form on file with the City Clerk and by this reference made a part hereof setting forth the duties, obligations and responsibilities of the Refunding Trustee in connection with the payment, redemption, and retirement of the Refunded Bonds as provided herein and stating that the provisions for payment of the fees, compensation, and expenses of such Refunding Trustee set forth therein are satisfactory to it. Prior to executing the Refunding Trust Agreement, the Mayor or Finance Director of the City is authorized to make such changes therein that do not change the substance and purpose thereof or that assure that the escrow provided therein and the Bonds are in compliance with the requirements of federal law governing the exclusion of interest on the Bonds from gross income for federal income tax purposes. SECTION 12. Call for Redemption of the 1995 Refunded Bonds. The City calls for redemption on December 1, 2004, all of the 1995 Refunded Bonds at 101% of par plus accrued interest. Such call for redemption shall be irrevocable after the delivery of the Bonds to the initial purchaser thereof. The date on which the 1995 Refunded Bonds are herein called for redemption is the first date on which those bonds may be called. The proper City officials are authorized and directed to give or cause to be given such notices as required, at the times and in the manner required, pursuant to Ordinance No. 3209 in order to effect the redemption prior to their maturity of the 1995 Refunded Bonds. 16 LTGO Various Purpose and Refunding Bonds, 2000 SECTION 13. City Findings with Respect to Re unding. The City Council of the City finds and determines that the issuance and sale of the Bonds at this time will effect a savings to the City and is in the best interest of the City and its taxpayers and in the public interest. In making such finding and determination, the City Council has given consideration to the fixed maturities of the Bonds and the Refunded Bonds, the costs of issuance of the Bonds allocable to the refunding and the known earned income from the investment of the proceeds of the issuance and sale of the Bonds used in the Refunding Plan pending payment and redemption of the Refunded Bonds. The City Council further finds and determines that the money to be deposited with the Refunding Trustee for the Refunded Bonds in accordance with Section 11 of this ordinance will discharge and satisfy the obligations of the City under Ordinances Nos. 3209 and 3444 with respect to the Refunded Bonds, and the pledges, charges, trusts, covenants, and agreements of the City therein made or provided for as to the Refunded Bonds, and that the Refunded Bonds shall no longer be deemed to be outstanding under such ordinances immediately upon the deposit of such money with the Refunding Trustee. SECTION 14. Bond Fund and Deposit of Bond Proceeds. The Bond Fund is created and established in the office of the Finance Director a special fund designated as the Limited Tax General Obligation Various Purpose and Refunding Bond Fund, 2000, for the purpose of paying principal of and interest on the Bonds. Accrued interest on the Bonds, if any, received from the sale and delivery of the Bonds shall be paid into the Bond Fund. All taxes collected for and allocated to the payment of the principal of and interest on the Bonds shall be deposited in the Bond Fund. There also is created and established in the office of the Finance Director a special fund designated as the 2000 LTGO Project Fund (the "Project Fund"). The remaining principal proceeds received from the sale and delivery of the Bonds after deposit with the Refunding Trustee of a sufficient amount to carry out the Refunding 17 LTGO Various Purpose and Refunding Bonds, 2000 Plan as described in Section 11 herein, shall be paid into the Project Fund and used to pay the costs of the Projects and costs of issuance of the Bonds. Until needed to pay those costs, the City may invest principal proceeds temporarily in any legal investment, and the investment earnings may be retained in the Project Fund and be spent for the purposes of that fund except that earnings subject to a federal tax or rebate requirement may be withdrawn from the Project Fund and used for those tax or rebate purposes. SECTION 15. Form and Execution of Bonds. The Bonds shall be printed or lithographed on good bond paper in a form consistent with the provisions of this ordinance and state law and shall be signed by the Mayor and City Clerk, either or both of whose signatures may be manual or in facsimile, and the seal of the City or a facsimile reproduction thereof shall be impressed or printed thereon. Only Bonds bearing a Certificate of Authentication in the following form, manually signed by the Bond Registrar, shall be valid or obligatory for any purpose or entitled to the benefits of this ordinance: CERTIFICATE OF AUTHENTICATION This Bond is one of the fully registered City of Kent, Washington, Limited Tax General Obligation Various Purpose and Refunding Bonds, 2000, described in the Bond Ordinance. WASHINGTON STATE FISCAL AGENT, Bond Registrar LOW Authorized Signer The authorized signing of a Certificate of Authentication shall be conclusive evidence that the Bonds so authenticated have been duly executed, authenticated and delivered and are entitled to the benefits of this ordinance. PCftlIO�TO-B OrS-n 18 LTGO Various Purpose and Refunding Bonds, 2000 If any officer whose facsimile signature appears on the Bonds ceases to be an officer of the City authorized to sign bonds before the Bonds bearing his or her facsimile signature are authenticated or delivered by the Bond Registrar or issued by the City, those Bonds nevertheless may be authenticated, issued and delivered and, when authenticated, issued and delivered, shall be as binding on the City as though that person had continued to be an officer of the City authorized to sign bonds. Any Bond also may be signed on behalf of the City by any person who, on the actual date of signing of the Bond, is an officer of the City authorized to sign bonds, although he or she did not hold the required office on the date of issuance of the Bonds. SECTION 16. Bond Rezistrar. The Bond Registrar shall keep, or cause to be kept, at its principal corporate trust office, sufficient books for the registration and transfer of the Bonds, which shall be open to inspection by the City at all times. The Bond Registrar is authorized, on behalf of the City, to authenticate and deliver Bonds transferred or exchanged in accordance with the provisions of the Bonds and this ordinance, to serve as the City's paying agent for the Bonds and to carry out all of the Bond Registrar's powers and duties under this ordinance and City Ordinance No. 2418 establishing a system of registration for the City's bonds and obligations. The Bond Registrar shall be responsible for its representations contained in the Bond Registrar's Certificate of Authentication on the Bonds. The Bond Registrar may become the owner of Bonds with the same rights it would have if it were not the Bond Registrar and, to the extent permitted by law, may act as depository for and permit any of its officers or directors to act as members of, or in any other capacity with respect to, any committee formed to protect the rights of Bond owners. SECTION 17. Preservation of Tax Exemption for Interest on Bonds. The City covenants that it will take all actions necessary to prevent interest on the Bonds from being included in gross income for federal income tax purposes, and it will neither take any action nor make or permit any use of proceeds of the Bonds or other funds of 19 LTGO Various Purpose and Refunding Bonds, 2000 the City treated as proceeds of the Bonds at any time during the term of the Bonds which will cause interest on the Bonds to be included in gross income for federal income tax purposes. The City also covenants that it will, to the extent the arbitrage rebate requirement of Section 148 of the Code, is applicable to the Bonds, take all actions necessary to comply (or to be treated as having complied) with that requirement in connection with the Bonds, including the calculation and payment of any penalties that the City has elected to pay as an alternative to calculating rebatable arbitrage, and the payment of any other penalties if required under Section 148 of the Code to prevent interest on the Bonds from being included in gross income for federal income tax purposes. The City certifies that it has not been notified of any listing or proposed listing by the Internal Revenue Service to the effect that it is a bond issuer whose arbitrage certifications may not be relied upon. SECTION 18. Refunding or Defeasance of the Bonds. The City may issue refunding bonds pursuant to the laws of the State of Washington or use money available from any other lawful source to pay when due the principal of and interest on the Bonds, or any portion thereof included in a refunding or defeasance plan, and to redeem and retire, refund or defease all such then -outstanding Bonds (hereinafter collectively called the "defeased Bonds") and to pay the costs of the refunding or defeasance. If money and/or direct obligations of the United States of America maturing at a time or times and bearing interest in amounts (together with money, if necessary) sufficient to redeem and retire, refund or defease the defeased Bonds in accordance with their terms are set aside in a special trust fund or escrow account irrevocably pledged to that redemption, retirement or defeasance of defeased Bonds (hereinafter called the "trust account'), then all right and interest of the owners of the defeased Bonds in the covenants of this ordinance and in the funds and accounts obligated to the payment of the defeased Bonds shall cease and become void. The owners of defeased Bonds shall have the right to receive payment of the principal of and interest on the defeased Bonds from the trust account. The City shall include in the refunding or defeasance plan such provisions as the City deems necessary for the random selection of any defeased Bonds 20 LTGO Various Purpose and Refunding Bonds, 2000 that constitute less than all of a particular maturity of the Bonds, for notice of the defeasance to be given to the owners of the defeased Bonds and to such other persons as the City shall determine, and for any required replacement of Bond certificates for defeased Bonds. The defeased Bonds shall be deemed no longer outstanding, and the City may apply any money in any other fund or account established for the payment or redemption of the defeased Bonds to any lawful purposes as it shall determine. If the Bonds are registered in the name of DTC or its nominee, notice of any defeasance of Bonds shall be given to DTC in the manner prescribed in the Letter of Representations for notices of redemption of Bonds. Notwithstanding anything in this section to the contrary, if the principal of and/or interest due on the Bonds is paid by the Bond Insurer pursuant to the Municipal Bond Insurance Policy, the Bonds shall be treated as remaining outstanding for all purposes and shall not be considered paid by the City, and the covenants, agreements and other obligations of the City to the registered owners of the Bonds shall continue to exist, and the Bond Insurer shall be subrogated to the rights of the registered owners. SECTION 19. Approval ofBond Purchase Contract. Lehman Brothers Inc. of Seattle, Washington, has presented a purchase contract (the "Bond Purchase Contract") to the City offering to purchase the Bonds under the terms and conditions provided in the Bond Purchase Contract, which written Bond Purchase Contract is on file with the City Clerk and is incorporated herein by this reference. The City Council finds that entering into the Bond Purchase Contract is in the City's best interest and therefore accepts the offer contained therein and authorizes its execution by City officials. The Bonds will be printed at City expense and will be delivered to the purchaser in accordance with the Bond Purchase Contract, with the approving legal 21 LTGO Various Purpose and Refunding Bonds, 2000 opinion of Foster Pepper & Shefelman PLLC, municipal bond counsel of Seattle, Washington, regarding the Bonds. The proper City officials are authorized and directed to do everything necessary for the prompt delivery of the Bonds to the purchaser and for the proper application and use of the proceeds of the sale thereof. SECTION 20. Preliminary Oficial Statement Deemed Final. The City Council has been provided with copies of a preliminary official statement dated September 6, 2000 (the "Preliminary Official Statement"), prepared in connection with the sale of the Bonds. For the sole purpose of the Bond purchaser's compliance with Securities and Exchange Commission Rule 15c2 -12(b)(1), the City "deems final" that Preliminary Official Statement as of its date, except for the omission of information as to offering prices, interest rates, selling compensation, aggregate principal amount, principal amount per maturity, maturity dates, options of redemption, delivery dates, ratings and other terms of the Bonds dependent on such matters. SECTION 21. Undertaking to Provide Continuing Disclosure. To meet the requirements of United States Securities and Exchange Commission ("SEC") Rule 15c2 -12(b)(5) (the "Rule"), as applicable to a participating underwriter for the Bonds, the City makes the following written undertaking (the "Undertaking") for the benefit of holders of the Bonds: (a) Undertaking to Provide Annual Financial Information and Notice of Material Events. The City undertakes to provide or cause to be provided, either directly or through a designated agent: (i) To each nationally recognized municipal securities information repository designated by the SEC in accordance with the Rule ("NRMSIR") and to a state information depository, if any, established in the State of Washington (the "SID") annual financial information and operating data of the type included in the final official statement for the Bonds and described in subsection (b) of this section ("annual financial information"); 22 LTGO Various Purpose and Refunding Bonds, 2000 (ii) To each NRMSIR or the Municipal Securities Rulemaking Board ("MSRB'�, and to the SID, timely notice of the occurrence of any of the following events with respect to the Bonds, if material: (1) principal and interest payment delinquencies; (2) non-payment related defaults; (3) unscheduled draws on debt service reserves reflecting financial difficulties; (4) unscheduled draws on credit enhancements reflecting financial difficulties; (5) substitution of credit or liquidity providers, or their failure to perform; (6) adverse tax opinions or events affecting the tax-exempt status of the Bonds; (7) modifications to rights of holders of the Bonds; (8) Bond calls (other than scheduled mandatory redemptions of Term Bonds); (9) defeasances; (10) release, substitution, or sale of property securing repayment of the Bonds; and (11) rating changes; and (iii) To each NRMSIR or to the MSRB, and to the SID, timely notice of a failure by the City to provide required annual financial information on or before the date specified in subsection (b) of this section. (b) Type of Annual Financial Information Undertaken to be Provided. The annual financial information that the City undertakes to provide in subsection (a) of this section: (i) Shall consist of (1) annual financial statements prepared (except as noted in the financial statements) in accordance with applicable generally accepted accounting principles promulgated by the Government Accounting Standards Board ("GASB"), as such principles may be changed from time to time, which statements shall not be audited, except, however, that if and when audited financial statements are otherwise prepared and available to the City they will be provided; (2) a statement of the City's general obligation debt service requirements; and (3) an update of the information set forth in tables 1, 4, 5, 6, 7 and 8 of the Official Statement for the Bonds; (ii) Shall be provided to each NRMSIR and the SID, not later than the last day of the ninth month after the end of each fiscal year of the City (currently, a fiscal year ending December 31), as such fiscal year may be changed as required or permitted by State law, commencing with the City's fiscal year ending December 31, 2000; and PC,Wb� TO.�23 LTGO Various Purpose and Refunding Bonds, 2000 (iii) May be provided in a single or multiple documents, and may be incorporated by reference to other documents that have been filed with each NRMSIR and the SID, or, if the document incorporated by reference is a "final official statement" with respect to other obligations of the City, that has been filed with the MSRB. (c) Amendment of Undertaking. The Undertaking is subject to amendment after the primary offering of the Bonds without the consent of any holder of any Bond, or of any broker, dealer, municipal securities dealer, participating underwriter, rating agency, NRMSIR, the SID or the MSRB, under the circumstances and in the manner pernutted by the Rule. The City will give notice to each NRMSIR or the MSRB, and the SID, of the substance (or provide a copy) of any amendment to the Undertaking and a brief statement of the reasons for the amendment. If the amendment changes the type of annual financial information to be provided, the annual financial information containing the amended financial information will include a narrative explanation of the effect of that change on the type of information to be provided. (d) Beneficiaries. The Undertaking evidenced by this section shall inure to the benefit of the City and any holder of Bonds, and shall not inure to the benefit of or create any rights in any other person. (e) Termination ofUndertakint. The City's obligations under this Undertaking shall terminate upon the legal defeasance of all of the Bonds. In addition, the City's obligations under this Undertaking shall terminate if those provisions of the Rule which require the City to comply with this Undertaking become legally inapplicable in respect of the Bonds for any reason, as confirmed by an opinion of nationally recognized bond counsel or other counsel familiar with federal securities laws delivered to the City, and the City provides timely notice of such termination to each NRMSIR or the MSRB and the SID. (f) Remedy for Failure to Comply with Undertaking. As soon as practicable after the City learns of any failure to comply with the Undertaking, the City will proceed with due diligence to cause such noncompliance to be corrected. No failure by the City or other obligated person to comply with the Undertaking shall constitute a default in respect of the Bonds. The sole remedy of any holder of a Bond shall be to take such actions as that holder deems necessary, including seeking an order of specific performance from an appropriate court, to compel the City or other obligated person to comply with the Undertaking. 24 LTGO Various Purpose and Refunding Bonds, 2000 (g) Designation of Official Responsible to Administer Undertaking. The Finance Director (or such other officer of the City who may in the future perform the duties of that office) or his or her designee is authorized and directed in his or her discretion to take such further actions as may be necessary, appropriate or convenient to carry out the Undertaking of the City in respect of the Bonds set forth in this section and in accordance with the Rule, including, without limitation, the following actions: (i) Preparing and filing the annual financial information undertaken to be provided; (ii) Determining whether any event specified in subsection (a) has occurred, assessing its materiality with respect to the Bonds, and, if material, preparing and disseminating notice of its occurrence; (iii) Determining whether any person other than the City is an "obligated person" within the meaning of the Rule with respect to the Bonds, and obtaining from such person an undertaking to provide any annual financial information and notice of material events for that person in accordance with the Rule; (iv) Selecting, engaging and compensating designated agents and consultants, including but not limited to financial advisors and legal counsel, to assist and advise the City in carrying out the Undertaking; and (v) Effecting any necessary amendment of the Undertaking. SECTION 22. Bond Insurance. The City Council finds that it is in the City's best interest to purchase, and that a savings will result from purchasing, the Municipal Bond Insurance Policy for the Bonds. The City shall purchase from the Bond Insurer the Municipal Bond Insurance Policy insuring the prompt payment of the principal of and interest on the Bonds and agrees to the conditions for obtaining that policy, including the payment of the premium therefor and the following provisions entitled "Payments under the Policy" required by the Bond Insurer to be included in this ordinance: A�•�=o.�a.� 25 LTGO Various Purpose and Refunding Bonds, 2000 A. In the event that, on the second Business Day, and again on the Business Day, prior to the payment date on the Obligations, the Paying Agent [the Bond Registrar] has not received sufficient moneys to pay all principal of and interest on the Obligations due on the second following or following, as the case may be, Business Day, the Paying Agent shall immediately notify the Insurer or its designee on the same Business Day by telephone or telegraph, confirmed in writing by registered or certified mail, of the amount of the deficiency. B. If the deficiency is made up in whole or in part prior to or on the payment date, the Paying Agent shall so notify the Insurer or its designee. C. In addition, if the Paying Agent has notice that any Bondholder has been required to disgorge payments of principal or interest on the Obligation to a trustee in Bankruptcy or creditors or others pursuant to a final judgment by a court of competent jurisdiction that such payment constitutes a voidable preference to such Bondholder within the meaning of any applicable bankruptcy laws, then the Paying Agent shall notify the Insurer or its designee of such fact by telephone or telegraphic notice, confirmed in writing by registered or certified mail. D. The Paying Agent is hereby irrevocably designated, appointed, directed and authorized to act as attorney-in-fact for Holders of the Obligations as follows: 1. If and to the extent there is a deficiency in amounts required to pay interest on the Obligations, the Paying Agent shall (a) execute and deliver to State Street Bank and Trust Company, N.A., or its successors under the Policy (the "Insurance Paying Agent'), in form satisfactory to the Insurance Paying Agent, an instrument appointing the Insurer as agent for such Holders in any legal proceeding related to the payment of such interest and an assignment to the Insurer of the claims for interest to which such deficiency relates and which are paid by the Insurer, (b) receive as designee of the respective Holders (and not as Paying Agent) in accordance with the tenor of the Policy payment from the Insurance Paying Agent with respect to the claims for interest so assigned, and (c) disburse the same to such respective Holders; and 2. If and to the extent of a deficiency in amounts required to pay principal of the Obligations, the Paying Agent shall (a) execute and deliver to the Insurance Paying Agent in form satisfactory to the Insurance Paying Agent an instrument 26 LTGO Various Purpose and Refunding Bonds, 2000 appointing the Insurer as agent for such Holder in any legal proceeding relating to the payment of such principal and an assignment to the Insurer of any of the Obligation surrendered to the Insurance Paying agent of so much of the principal amount thereof as has not previously been paid or for which moneys are not held by the Paying Agent and available for such payment (but such assignment shall be delivered only if payment from the Insurance Paying Agent is received), (b) receive as designee of the respective Holders (and not as Paying Agent) in accordance with the tenor of the Policy payment therefor from the Insurance Paying Agent, and (c) disburse the same to such Holders. E. Payments with respect to claims for interest on and principal of Obligations disbursed by the Paying Agent from proceeds of the Policy shall not be considered to discharge the obligation of the Issuer with respect to such Obligations, and the Insurer shall become the owner of such unpaid Obligations and claims for the interest in accordance with the tenor of the assignment made to it under the provisions of this subsection or otherwise. F. Irrespective of whether any such assignment is executed and delivered, the Issuer and the Paying Agent hereby agree for the benefit of the Insurer that: 1. They recognize that to the extent the Insurer makes payments, directly or indirectly (as by paying through the Paying Agent), on account of principal of or interest on the Obligations, the Insurer will be subrogated to the rights of such Holders to receive the amount of such principal and interest from the Issuer, with interest thereon as provided and solely from the sources stated in this Indenture and the Obligations; and 2. They will accordingly pay to the Insurer the amount of such principal and interest (including principal and interest recovered under subparagraph (ii) of the first paragraph of the Policy, which principal and interest shall be deemed past due and not to have been paid), with interest thereon as provided in this Indenture and the Obligations, but only from the sources and in the manner provided herein for the payment of principal of and interest on the Obligations to Holders, and will otherwise treat the Insurer as the owner of such rights to the amount of such principal and interest. 27 LTGO Various Purpose and Refunding Bonds, 2000 G. In connection with the issuance of additional Obligations, the Issuer shall deliver to the Insurer a copy of the disclosure document, if any, circulated with respect to such additional Obligations. H. Copies of any amendments made to the documents executed in connection with the issuance of the Obligations which are consented to by the Insurer shall be sent to Standard & Poor's Corporation. I. The Insurer shall receive notice of the resignation or removal of the Paying Agent and the appointment of a successor thereto. J. The Insurer shall receive copies of all notices required to be delivered to Bondholders and, on an annual basis, copies of the Issuer's audited financial statements and Annual Budget. Notices: Any notice that is required to be given to a holder of the Obligation or to the Paying Agent pursuant to the Indenture shall also be provided to the Insurer. All notices required to be given to the Insurer under the Indenture shall be in writing and shall be sent by registered or certified mail addressed to MBIA Insurance Corporation, 113 King Street, Armonk, New York 10504 Attention: Surveillance. SECTION 23: Severability. If any one or more sections, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. 28 LTGO Various Purpose and Refunding Bonds, 2000 SECTION24: Effective Date. This ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication as provided by law. A W O. 1120 TEPI ATTEST: BRENDA JACOBE, ITY CLERK APPROVED AS TO FORM: A. LUBOVICH, CITY PASSED: day of 2000. APPROVED: day of ide�& v_,2000. PUBLISHED: a ai day of2000. I hereby certify that this is a true copy of Ordinance No. 3524, passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) 4BRENDAJACOB ITY CLERK 29 LTGO Various Purpose and Refunding Bonds, 2000 EXHIBIT A PROJECT DESCRIPTION rpje Descri tion i ht Rail Parking Garage City's share authorized by Council on May 5, 1998 erforming Arts/Civic enter Land Acquisition Repayment of the City's Water Fund for funds used for part of land acquisition and to provide additional funds for ac uisition of additional land Facilities Remodel and Back-up Generators Centennial remodeling for Permit Center and relocation of departments and additional costs related to the back-up generator proj'ect as approved by Council on February 1, 2000 olice Headquarters Land c uisition Additional costs of land acquisition not covered in original budget ire Engine/Aid Trucks Ac uisition of two fully -equipped engine/aid apparatus 50193413.05 A-1 LTGO Bonds, 2000