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HomeMy WebLinkAboutCOW 2010-02-08 Item 3E - Ordinance - Refunding Bonds Issued by ValleyCom (Valley Communications Center Development Authority)Fund Source: Comments: Meeting Date 02/08/10 02/16/10 COUNCIL AGENDA SYNOPSIS Prepared by May eviezv Council SH SH Initials ITEM INFORMATION CAS NUMBER: 10-015 ORIGINAL AGENDA DATE: FEBRUARY 8, 2010 MTG. DATE RECORD OF COUNCIL. ACTION 2 2/16/10 MTG. DATE ATTACHMENTS 2/8/10 Informational Memorandum dated 1/28/10 Ordinance in Draft Form Projected Summary of Refunding Results Minutes from the Finance and Safety Committee meeting of 2/2/10 ITEM No. AGENDA ITEM TITLE An ordinance pledging the City's full faith and credit toward the payment of its share of debt service on refunding bonds to be issued by the Valley Communications Center Development Authority. CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date 2/8/10 Mtg Date Mtg Date Mtg Date 2/16/10 Mtg Date Mtg Date Mtg Date 1SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal 1 1 P&R 1 1 Police PWI SPONSOR'S The Valley Communications (ValleyCom) Board of Directors (Admin Board) has authoirzed SUMMARY the refunding of its series 2000 bonds. As a member City of ValleyCom, the City Council must approve the refunding by adoption of an ordinance prior to the bond sale. The Council is being asked to approve the ordinance providing for repayment of the new refunding bonds, and authorize the Mayor to execute a continuing disclosure agreement. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. 1 1 Parks Comm. Planning Comm. DA'L'E: 2/2/10 RECOMMENDATIONS: SPONSOR /ADMIN. Finance Department COMMITTEE Unanimous approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED 69 70 City of Tukwila INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Finance and Safety Committee FROM: Shawn Hunstock, Finance Director DATE: January 28, 2010 SUBJECT: Valley Communications Refunding Bond Ordinance ISSUE BACKGROUND DISCUSSION RECOMMENDATION Jim Haggerton, Mayor The Valley Communications (ValleyCom) Board of Directors (Admin Board) has authorized the refunding of its series 2000 bonds. As a member City of ValleyCom, the City Council must approve the refunding by adoption of an ordinance prior to the bond sale. The City of Tukwila and other ValleyCom members created the Valley Communications Center Development Authority (Authority) in April of 2000 with the explicit intent to issue bonds for the construction of an emergency dispatch center. The Authority issued $12,758,000 in bonds and began construction soon thereafter with completion in 2002. Debt service on the bonds is shared equally among the five ValleyCom cities. The portion attributable to the City of Tukwila when the bonds were originally sold was $2,551,600. The purpose of the bond refunding is to capitalize on the relatively low interest rates available in the bond market at this time. When originally sold, the bonds had an average interest rate of 5.30 The average interest rate on the bond refunding is projected to be 2.77 The refunding will result in a savings, net of bond issuance costs, of $389,613. The City of Tukwila's share of that savings is 20 or $77,923. This savings will be realized between now and 2015. The Council is being asked to approve the ordinance providing for repayment of the new refunding bonds, and authorize the Mayor to execute a continuing disclosure agreement. 71 INFORMATIONAL MEMO Page 2 This item is scheduled to be discussed at the February 2, 2010 Finance and Safety Committee meeting, the February 8 Committee of the Whole meeting, and the February 16 Regular meeting. ATTACHMENTS Draft Ordinance Summary of Refunding Results (Projected) 7 2 W:12010 InfoMemos \ValleyCommBondRefunding.docx DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, PLEDGING THE CITY'S FULL FAITH AND CREDIT TOWARD THE PAYMENT OF ITS SHARE OF DEBT SERVICE ON REFUNDING BONDS TO BE ISSUED BY THE VALLEY COMMUNICATIONS CENTER DEVELOPMENT AUTHORITY AND APPROVING CERTAIN MATTERS RELATED THERETO; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, pursuant to Ordinance No. 1912, adopted by the City of Tukwila (the "City on April 3, 2000, and Chapter 39.34 RCW, the Interlocal Cooperation Act, the City entered into the Valley Communications Center Interlocal Agreement effective April 17, 2000 (the "Interlocal Agreement with the City of Federal Way, the City of Renton, the City of Auburn, and the City of Kent, Washington (together, the "Member Cities to reorganize a governmental administrative agency known as the Valley Communications Center ("ValleyCom"); and WHEREAS, the purpose of ValleyCom is to provide improved police, fire and medical aid service communications within the boundaries of the existing, established consolidated service area at a minimum cost to the Member Cities, together with such other governmental agencies that have contracted with ValleyCom for communication services; and WHEREAS, in order to address increased growth and to provide necessary services for the Member Cities and other governmental agencies that contract with ValleyCom for communication services, ValleyCom constructed a new dispatch facility known as the Valley Communications Center (the "Facility"); and WHEREAS, financing for the construction, equipping and improvement of the Facility was provided by bonds issued by the Valley Communications Center Development Authority (the "Authority"), a public development authority chartered by the City of Kent, pursuant to RCW 35.21.730 through 35.21.755; and WHEREAS, pursuant to the Interlocal Agreement, each Member City has agreed to contribute to the financing of the costs of the Facility, each Member City paying 20% of the total cost of development, less contributions from grants, other agencies or other sources; and WHEREAS, the Authority issued its Valley Communications Center Development Authority Bonds, 2000 (Valley Communications Center Project in King County, Washington) (the "2000 Bonds dated September 15, 2000, in the original aggregate principal amount of $12,758,000; and WHEREAS, it appears that the 2000 Bonds may now be refunded at lower interest rates through the issuance of refunding bonds of the Authority, thereby yielding savings to the Authority and the Member Cities; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. City Contributions to Bonds. Pursuant to the terms of the Interlocal Agreement, the City hereby irrevocably commits to pay its share, which shall be equal to 20 of the debt service on bonds (the "Bonds issued by the Authority for the purpose of defeasing and refunding all or a portion of the 2000 Bonds. The City recognizes that it is not obligated to pay the share of any other Member City; the City's obligation shall be limited to its 20% allocable share of debt service on such Bonds; all such payments shall be made by the City without regard to the payment or lack thereof by any other jurisdiction; and the City shall be obligated to budget for and pay its 20% allocable share. All payments with respect to the Bonds shall be made to ValleyCom in its capacity as administrator and servicer of the Bonds to be issued by the Authority. The City's obligation to pay its 20% allocable share shall be an irrevocable full W: \Word Processing Ordinances Valley Com Bond Refunding.docx SH:ksn 01/29/2010 Page 1 of 2 73 74 faith and credit obligation of the City, payable from property taxes levied within the constitutional and statutory authority provided without a vote of the electors of the City on all of the taxable property within the City and other sources of revenues available therefor. The City hereby obligates itself and commits to budget for and pay its 20% allocable share and to set aside and include in its calculation of outstanding non -voted general obligation indebtedness an amount equal to the principal component of its 20% allocable share for so long as any Bonds remain outstanding. Section 2. Compliance with Continuing Disclosure Requirements and Official Statement. To the extent necessary to meet the conditions of paragraph (d)(2) of United States Securities and Exchange Commission Rule 15c2 -12 (the "Rule the Mayor is hereby authorized to execute and deliver a continuing disclosure agreement or certificate in order to assist the underwriter for the Bonds in complying with the Rule. The Mayor is further authorized to ratify and approve the information pertaining to the City and contained in the preliminary and final official statements delivered in connection with the Bonds for purposes of the Rule. Section 3. Allocation for Purposes of Bank Qualification. For purposes of Section 265(b)(3)(C)(iii) of the Internal Revenue Code of 1986, as amended (the "Code the City hereby agrees that the amount of each issue of obligations of the Authority shall be allocated in equal shares among each of the Member Cities. Section 4. Tax Covenant. The City hereby agrees that it shall not: 1. Make any use of the proceeds from the sale of Bonds or any other money or obligations of the Authority or the Member Cities that may be deemed to be proceeds of the Bonds pursuant to Section 148(a) of the Code that will cause the Bonds to be "arbitrage bonds" within the meaning of said Section and said regulations, or 2. Act or fail to act in a manner that will cause the Bonds to be considered obligations not described in Section 103(a) of the Code. Section 5. General Authorization; Prior Acts. A. The Mayor and Finance Director of the City and each of the other appropriate officers, agents and representatives of the City are each hereby authorized and directed to take such steps, to do such other acts and things, and to execute such letters, certificates, agreements, papers, financing statements, assignments or instruments as in their judgment may be necessary, appropriate or desirable to carry out the terms and provisions of, and complete the transactions contemplated by, this ordinance. B. All acts taken pursuant to the authority of this ordinance but prior to its effective date are hereby ratified and confirmed. Section 6. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 7. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting there of this day of 2010. ATTEST/ AUTHENTICATED: Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney W: \Word Processing \Ordinances \Valley Com Bond Refunding.docx SH:ksn 01/29/2010 Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Page 2 of 2 SUMMARY OF REFUNDING RESULTS Valley Communications Center Development Authority Refunding of 2000 General Obligation Bonds Assumes Insured BQ Interest Rates Dated Date 03/01/2010 Delivery Date 03/01/2010 Arbitrage yield 2.116664% Escrow yield 0.239190% Bond Par Amount 5,585,000.00 True Interest Cost 2.340253% Net Interest Cost 2.189691% Average Coupon 2.766841% Average Life 3.718 Par amount of refunded bonds 5,345,000.00 Average coupon of refunded bonds 5.511594% Average life of refunded bonds 3.843 PV of prior debt to 03/01/2010 2.116664% 6,078,976.59 Net PV Savings 371,314.25 Percentage savings of refunded bonds 6.946946% Percentage savings of refunding bonds 6.648420% Dec 14, 2009 12:37 pm Prepared by Seattle- Northwest Securities Corp. (k: \Valley Conununications :VALLCOM- REFOO,REF00) Page 1 75 Date Prior Refunding Debt Service Debt Service 06/01/2010 144,200.00 36,300.00 107,900.00 107,333.52 12/01/2010 144,200.00 202,600.00 58,400.00 49,500.00 57,485.02 06/01/2011 144,200.00 71,300.00 72,900.00 71,006.35 12/01/2011 1,109,200.00 1,116,300.00 7,100.00 65,800.00 6,843.15 06/01/2012 120,075.00 60,850.00 59,225.00 56,484.66 12/01/2012 1,130,075.00 1,120,850.00 9,225.00 68,450.00 8,706.02 06/01/2013 94,825.00 50,250.00 44,575.00 41,626.75 12/01/2013 1,194,825.00 1,170,250.00 24,575.00 69,150.00 22,709.24 06/01/2014 65,262.50 33,450.00 31,812.50 29,089.40 12/01/2014 1,170,262.50 1,133,450.00 36,812.50 68,625.00 33,308.89 06/01/2015 33,493.75 16,950.00 16,543.75 14,812.44 12/01/2015 1,198,493.75 1,146,950.00 51,543.75 68,087.50 45,666.38 Net PV Savings Dec 14, 2009 12:37 pin Prepared by Seattle- Northwest Securities Corp. 76 SAVINGS Valley Communications Center Development Authority Refunding of 2000 General Obligation Bonds Assumes Insured BQ Interest Rates Savings Present Value Annual to 03/01/2010 Savings 2.1166639% 6,549,112.50 6,159,500.00 389,612.50 389,612.50 366,415.49 Savings Summary PV of savings from cash flow Plus: Refunding funds on hand 366,415.49 4,898.76 371,314.25 (k: \Valley Conununications :VALLCOM- REFOO,REF00) Page 2 Sources: Refunding Escrow Deposits: Cash Deposit SLGS Purchases Uses: Dated Date 03/01/2010 Delivery Date 03/01/2010 Bond Proceeds: Par Amount 5,585,000.00 Premium 164, 518.10 Delivery Date Expenses: Cost of Issuance Underwriter's Discount Bond Insurance (Est. 0.60 Other Uses of Funds: Additional Proceeds 4,898.76 Dec 14, 2009 12:37 pm Prepared by Seattle Northwest Securities Corp. SOURCES AND USES OF FUNDS Valley Communications Center Development Authority Refunding of 2000 General Obligation Bonds Assumes Insured BQ Interest Rates 5,749,518.10 1.34 5,623,481.00 5,623,482.34 39,500.00 44,680.00 36,957.00 121,137.00 5,749,518.10 (k: \Valley Counnunications :VALLCOM- REFOO,REF00) Page 3 77 Bond Component Serial Bonds: Production Underwriter's Discount Purchase Price Accrued Interest Dec 14, 2009 12:37 pm Prepared by Seattle- Northwest Securities Corp. 78 BOND PRICING Valley Communications Center Development Authority Refunding of 2000 General Obligation Bonds Assumes Insured BQ Interest Rates Maturity Premium Date Amount Rate Yield Price Discount) 12/01/2010 130,000 2.000% 0.880% 100.834 1,084.20 12/01/2011 1,045,000 2.000% 1.160% 101.450 15,152.50 12/01/2012 1,060,000 2.000% 1.390% 101.639 17,373.40 12/01/2013 1,120,000 3.000% 1.660% 104.850 54,320.00 12/01/2014 1,100,000 3.000% 2.060% 104.230 46,530.00 12/01/2015 1,130,000 3.000% 2.500% 102.660 30,058.00 5,585,000 164,518.10 Dated Date 03/01/2010 Delivery Date 03/01/2010 First Coupon 06/01/2010 Par Amount 5,585,000.00 Premium 164,518.10 Net Proceeds 5,704,838.10 5,749,518.10 102.945714% 44,680.00 0.800000% 5,704,838.10 102.145714% (k: \Valley Communications :VALLCOM- REFOO,REF00) Page 4 Period Ending BOND DEBT SERVICE Valley Communications Center Development Authority Refunding of 2000 General Obligation Bonds Assumes Insured BQ Interest Rates Principal Dated Date 03/01/2010 Delivery Date 03/01/2010 06/01/2010 36,300 36,300 12/01/2010 130,000 2.000% 72,600 202,600 238,900 06/01/2011 71,300 71,300 12/01/2011 1,045,000 2.000% 71,300 1,116,300 1,187,600 06/01/2012 60,850 60,850 12/01/2012 1,060,000 2.000% 60,850 1,120,850 1,181,700 06/01/2013 50,250 50,250 12/01/2013 1,120,000 3.000% 50,250 1,170,250 1,220,500 06/01/2014 33,450 33,450 12/01/2014 1,100,000 3.000% 33,450 1,133,450 1,166,900 06/01/2015 16,950 16,950 12/01/2015 1,130,000 3.000% 16,950 1,146,950 1,163,900 Dec 14, 2009 12:37 pm Prepared by Seattle- Northwest Securities Corp. Annual Debt Debt Coupon Interest Service Service 5,585,000 574,500 6,159,500 6,159,500 (k: \Valley Conununications :VALLCOM- REFOO,REF00) Page 5 79 80 I. PRESENTATIONS No presentations. FINANCE AND SAFETY COMMITTEE Meeting Minutes February 2, 2010 5:00 p.m.; Conference Room #3 City of Tukwila Finance and Safety Committee PRESENT Councilmembers: De' Sean Quinn, Chair; Allan Ekberg and Kathy Hougardy Staff: Dave Haynes, Mary Miotke, Jack Pace, Brandon Miles, Nick Olivas, Shawn Hunstock, Peggy McCarthy, Jennifer Ferrer- Santalnes, Steve Lancaster and Kimberly Matej CALL TO ORDER: Chair Quinn called the meeting to order at 5:06 p.m. II. BUSINESS AGENDA A. Grant Award: Energy Undates to City Facilities Staff is seeking full Council acceptance of a grant award from the Washington State Department of Commerce for energy upgrades to City facilities. The grant award amount is $129,000, and requires a $10,000 match which can be a mixture of cash and labor. The City match will be funded through the green initiatives budget line item in the Mayor's Office. Grant funding will only cover a portion of the energy upgrades at the City facilities listed below. Additional funding is anticipated to be secured via rebates through providers such as Puget Sound Energy and Seattle City Light. Projects listed below are listed in order of priority. City Hall and 6300 Building o Retrofit Fixtures o Install Occupancy Sensors Fort Dent Park o Parking Lot Light Fixtures Tukwila Community Center o Parking Lot Light Fixtures UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 8 COW FOR DISCUSSION. B. Valley Communications Center Bond Ordinance Staff is seeking full Council adoption of an ordinance that provides for the repayment of new refunding bonds as a member city of Valley Communications (ValleyCom), and for authorization for the Mayor to execute a continuing disclosure statement. In 2000, bonds were issued to construct the ValleyCom Emergency Dispatch Center. In order to capitalize on low interest rates currently available, the bonds can be refunded. This action will save the City of Tukwila an estimated $77,923 between now and 2015. There is a bond issuance cost associated with the refunding, but still results in a savings. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 8 COW FOR DISCUSSION. C. Utility Billing Refunds and Back Bill Policy As an information only item, staff reported on a new policy that will be implemented regarding utility service billing refunds and back bills. 81