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HomeMy WebLinkAbout2017 Limited Tax General Obligation Bonds - Refund Outstanding 2014 LTGO Bond Anticipation Note - $2,276,000 (Ord 2553)2017 Limited Tax General Obligation Bonds Refund Outstanding 2014 LTGO Bond Anticipation Note $2,276,000 CITY OF TUKWILA, WASHINGTON LIMITED TAX GENERAL OBLIGATION BOND, 2017 (TAXABLE) $2,276,000 Bond Dated: November 14, 2017 Opinion Dated: November 14, 2017 PACIFICA LAW GROUP LLP 1191 2nd Avenue, Suite 2000 Seattle, Washington 98101-3404 10076 00004 gml3fg27et CITY OF TUKWILA, WASHINGTON LIMITED TAX GENERAL OBLIGATION BOND, 2017 (TAXABLE) — $2,276,000 RECORD OF PROCEEDINGS Organizational Documents 1. Certificate for Transcript 2. Certificate of the Director of Elections of King County setting forth the names and terms of office of the Mayor and City Council 3. Certificate of the Mayor setting forth the names of the City Administrator, Finance Director and City Clerk 4. Certified copy of the proceedings of the City Council last fixing the time, date and place of regular meetings of the City Council 5. Certificate of the City Clerk stating the official newspaper of the City 6. Certificate of the King County Assessor stating the assessed valuation of all of the taxable property within the City as fixed in the fall of 2016 for the purposes of 2017 taxation 7. Certificate of the Finance Director as to the outstanding indebtedness of the City, including any lease -purchase or conditional sale contracts and any general obligation debt 8. Bond Counsel's Calculation of Debt Limit Authorization of Bonds 9. Certified copy of Ordinance No. 2553 passed on November 6, 2017 (the "Bond Ordinance") 10. Certified copy of the minutes of the Committee of the Whole meeting held on October 23, 2017, showing the first discussion of the Bond Ordinance 11. Certified copy of the minutes of the meeting of the City Council held on November 6, 2017, showing the passage of the Bond Ordinance 12. Publisher's Affidavit of Publication of the Bond Ordinance 13. Request for Proposals 14. Copy of the Proposal from Cashmere Valley Bank (the "Purchaser") Closing Documents 15. Bond Purchase Agreement between the City and the Purchaser 16. Signature Identification and Nonlitigation Certificate 17. Purchaser's Certificate 18. Specimen Bond 19. Certificate Regarding Payment and Delivery 20. Receipt for Bond 21. Closing Memorandum 22. Bond Form 101 Opinion 23. Final approving legal opinion of Pacifica Law Group LLP, Bond Counsel CERTIFICATE FOR TRANSCRIPT I, CHRISTY O'FLAHERTY, the City Clerk of the City of Tukwila, Washington (the "City"), do hereby certify that the within and attached documents are in each case true and correct copies of the originals of such documents and that none of the resolutions, ordinances, proceedings, statements or certificates contained herein have been repealed, rescinded or canceled and all of the officers last certified as holding City offices have continued to hold their respective offices from such date to and including the date of this certificate. Dated this 14th day of November, 2017. risty O'Flaherty, City Clerk City of Tukwila, Washington 10076 00004 gj02dd279e King County Department of Elections Julie Wise, Director STATE OF WASHINGTON )SS. COUNTY OF KING This is to certify that I, Julie Wise, am the Director of King County Elections, King County, Washington; and That the following officials serve as mayor and councilmembers for the City of Tukwila, King County, Washington, as determined from the official election records of King County, their terms of office included, as now on file in the Elections Department. Office Incumbent Term of Office Mayor Allan Ekberg December 2019 Council Position No. 1 Verna Seal December 2017 Council Position No. 2 Kathy Hougardy December 2019 Council Position No. 3 Thomas McLeod December 2017 Council Position No. 4 Dennis Robertson December 2019 Council Position No. 5 Joe Henry Duffie December 2017 Council Position No. 6 Kate Kruller December 2019 Council Position No. 7 De'Sean Quinn December 2017 Dated at Renton, King County, Washington this 31St day of May 2017. Julie Wi .e, Director RNT-EL-0100 1 919 SW Grady Way, Renton, WA 98057-2906 1 206 -296 -VOTE (8683) 1 TTY Relay: 711 1 kingcounty.gov/elections kcelections.com D twitter.com/kcelections D facebook.com/kcelections ® instagram.com/kcelections CERTIFICATE I, ALLAN EKBERG, the duly elected Mayor of the City of Tukwila, Washington (the "City"), do hereby certify that David Cline is the duly appointed City Administrator, Peggy McCarthy is the duly appointed Finance Director of the City, and Christy O'Flaherty is the duly appointed City Clerk. Dated this 14th day of November, 2017 Allan Ekberg, Mayor City of Tukwila, Washington 10076 00004 gj02dd279e CERTIFICATE REGARDING REGULAR MEETINGS OF THE CITY COUNCIL I, CHRISTY O'FLAHERTY, City Clerk of the City of Tukwila, Washington, do hereby certify that the attached is a true and correct copy of the proceedings setting the date, time and place for regular meetings of the City Council. Dated this 14`h day of November, 2017. 10076 00004 gj02dd279e hristy • Flaherty, City Cle City of Tukwila, Washington handed by 2209 City of Tukwila Washington Ordinance No. olO2V% AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, SETTING COUNCIL MEETING PROCEDURES; REPEALING ORDINANCE NOS. 1311, 1345, 1421, 1770 §1, AND 1796 §3 (PART); PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council has decided to alter the procedures under which it operates to provide for a more efficient and orderly governmental process; and WHEREAS, several different ordinances from various years now have portions of operating procedures that could more easily be followed in one ordinance; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Chapter 2.04 of the TMC is hereby amended to read as follows: 2.04.010 Meetings Declared Open and Public All meetings of the Tukwila City Council and its committees shall be open and public, and all persons shall be permitted to attend any meeting of these bodies, except as otherwise provided in Section 2.04.140. 2.04.020 Regular Meetings The City Council shall meet regularly on the first and third Mondays of each month at 7:00 p.m., unless an alternative starting time is set and notice is provided to the public pursuant to Section 2.04.040. If at any time any Regular Meeting falls on a holiday, the Council shall meet on the next business day at the same hour. The City Council shall meet at Tukwila City Hall, unless otherwise publicly announced. 2.04.030 Committee of the Whole Meetings A. The Council shall sit as a Committee of the Whole on the second and fourth Monday of each month at 7:00 p.m., unless an alternate starting time is published; except, if at any time any committee meeting falls on a holiday, the Council shall meet on the next business day at the same hour. The City Council shall meet at Tukwila City Hall, unless otherwise publicly announced. B. Meetings of the Committee of the Whole shall be held primarily for the purpose of considering current issues of the City, coordinating the work of the City Council, and discussing draft ordinances, resolutions and policy issues in detail. The Committee of the Whole will have no power to take final actions including, but not limited to, adopting ordinances or passing motions or resolutions. C. The Committee of the Whole may meet in a retreat setting to plan their work at the beginning of the year or at any time beneficial to in-depth deliberations by the Council. Results of the Committee of the Whole's retreats will be discussed with the Mayor and administration in order to establish and understand City goals. A report summarizing the proceedings will be made available following each retreat. No official action will be taken at a retreat. 2.04.040 Special Meetings Special meetings may be called by the Mayor, or any three Councilrnembers by written notice delivered by City employee(s) to each member of the Council at least 24 hours before the time specified for the proposed meeting and with public notice made pursuant to RCW 42.30.080. Council Meeting Procedures 1 1 2.04.050 Quorum At all meetings of the City Council, four members shall constitute a quorum for the transaction of business. 2 04.060 Seating A. Members of the City Council will be seated at the Council table according to seniority of the Council, except that the Council President will be seated at the right of the Mayor. B. Seniority shall be determined by the: 1. Greatest consecutive number of years served. 2. Greatest consecutive number of years plus months or years served prior to the current term(s). 3. Number of votes when elected. 2.04.070 Council President—Mayor Pro Tempore A. At the first Regular Meeting in January of each year, member; of the City Council shall elect from their number a Council President who shall hold office at the pleasure of the Council. The general policy of Council is to elect presidents in a rotating order. If a vacancy occurs in the office of Council President, the City Council, at their next Regular Meeting, shall select a new Council President to serve the remainder of the year. B. In the absence of the Mayor, the Council President shall become the Mayor Pro Tempore and perform the duties of the Mayor except that the Council President shall not have the power to appoint or remove any officer or to veto any ordinance. If a vacancy occurs in the office of the Mayor, the City Council — at their next Regular Meeting — shall elect from their number a Mayor who shall serve until a Mayor is elected and certified at the next municipal election. 2 04.080 Presiding Officer A. All Regular and Special Meetings of the City Council shall be presided over by the Mayor or, in his/her absence, by the Mayor Pro Tempore. If neither the Mayor nor the Mayor Pro Tempore is present at a meeting, the presiding officer for that meeting shall be elected by a majority of the vote of those Councilmembers present, provided there is a quorum. B. All Committee of the Whole meetings shall be presided over by the Council President. If the Council President is temporarily absent, the Council shall elect a Councilmember to serve in that capacity until the Council President returns. C. The City Clerk or his/her designee will staff Regular and Special Council meetings and Committees of the Whole meetings. In the absence of the Clerk, Deputy Clerk or other qualified staff member appointed by the Clerk, the Mayor or Council may appoint a staff person to act in that capacity. D. The appointment of a Councilmember as Mayor Pro Tempore shall not in any way abridge his/her right to vote on matters coming before the Council at such meeting. E. The presiding officer shall preserve strict order and decorum at all meetings of the Council. The presiding officer shall state all questions coming before the Council, provide opportunity for discussion on each item on the table, and announce the decision of the Council on all subjects. Procedural decisions made by the presiding officer may be overruled by a majority vote of the Council. 2.04.090 Agenda for Regular or Special Council Meetings All items to be included on the agenda for Council consideration must be submitted to the City Clerk in full by 12:00 p.m. Noon on the Wednesday preceding each Council meeting. The City Clerk shall then prepare a proposed agenda, with attachments, according to the order of business. After the proposed agenda has been approved by the Council President or, in his/her absence, by his/her designated member of the City Council, the City Clerk shall prepare the final agenda, which shall be distributed to the Mayor, Councilmembers, City Attorney and Department Heads no later than Noon on the Friday preceding the Council Meeting. A copy of the agenda and subsequent documents shall be posted on the lobby bulletin board at City Hall. A copy of the Agenda face sheet will be posted on the City's website. Council Meeting Procedures 2 2 2.04.100 Agenda Format The format of a Regular or Special City Council agenda shall be as follows: A. Call to Order. B. Pledge of Allegiance. C. Roll Call. D. Special Presentations on key agenda items. E. Appointments and Proclamations of the Mayor. F. Citizens' Comments. This is an opportunity for the audience to comment on items not listed on the agenda. G. Consent Agenda. 1. Contains all consent agenda items approved by the Council President, from a Committee of the Whole, or forwarded by unanimous committee action, and routine items such as, but not limited to, approval of minutes and approval of vouchers. No ordinances, resolutions or bid awards will be included on the consent agenda. 2. The following rules shall apply to the consent agenda: a. Any member of the City Council may, by request and without a Council vote, have any items removed from the consent agenda. That item will, by automatic procedure, be placed under New Business for further discussion. b. The remaining items shall be approved by motion. H. Bid Awards. All competitive bid awards shall comply with RCW Title 39, and those that require Council approval shall include the contractor/vendor name, the project name, and the total dollar amount of the award. The award may or may not include Washington State Sales Tax. I. Public Hearings. 1. For public hearings required by City, State or Federal law or as the Council may direct. Examples may include, but not be limited to: a. UD b. Zoning c. Budget d. Revenue sharing grants e. Annexation f. Moratoria g. Quasi-judicial decisions 2. The following procedures shall apply to public hearings, except public hearings subject to TMC Chapters 18.104 through 18.116, which shall be subject to the procedures specified therein: a. The presiding officer may exercise a change in the procedures, but said decision may be overruled by a majority vote of the City Council. b. The proponent spokesman shall speak first and be allowed 15 minutes. The Council may ask questions. c. The opponent spokesman shall be allowed 15 minutes for presentation and the Council may ask questions. d. Each side shall then be allowed 5 minutes for rebuttal. e. After the proponents and opponents have used their speaking time, Council may ask further questions of the speakers, who may respond. 3. At public hearings and for issues where a public meeting is required or requested, and a general audience is in attendance to present arguments for or against a public issue: a. A signup sheet for speakers will be available, and all citizens considering speaking will be asked to write their name and address legibly. If they speak without signing up, they will be asked to sign in after speaking. Council Meeting Procedures 3 3 b. A person may speak for five minutes. No one may speak for a second time until everyone wishing to speak has had an opportunity to speak. c. After the speaker has used the allotted time, Council may ask questions of the speaker and the speaker may respond, but may not engage in further debate. d. Speakers should address their comments to the City Council and should not address other audience members. No disparaging remarks or remarks directed to opponents will be allowed. e. The hearing will then be closed to public participation by the presiding officer and open for Councilmember discussion. J. Unfinished Business. This section of the agenda shall include items of a general nature, including resolutions and ordinances previously discussed at a Council meeting. The following procedures shall apply during this section of the agenda: 1. The item will be put on the table by motion. 2. The committee chair, sponsor or a designated spokesman of each item may give a presentation. 3. If a resolution or ordinance, the City Attorney or City Administrator may read the item by title only or, if requested by any Councilmember, the document may be read in its entirety. A motion by Council shall rule. 4. The Council may then question the sponsor or designated spokesman of the presented item. 5. When discussions conclude, the Council, by motion, will act upon the resolution, ordinance or other item. K New Business. This section of the agenda shall include all items of a general nature — including resolutions and ordinances previously discussed at a Committee Meeting and put forward to the Regular Meeting — and items that have been removed from the consent agenda. The procedures that apply during this section shall be the same as those under Unfinished Business. L. Reports. Reports on special interest items from the Mayor, City Council, staff, City Attorney, and intergovernmental representatives. M. Miscellaneous. N. Executive Session. 0. Adjournment. 2.04.110 Miscellaneous Agenda Procedures A. The City Council desires to provide adequate time for administration and staff analysis, fact finding and presentation. 1. Items to come before the City Council should first be placed on the agenda of the appropriate committee for discussion before they are placed on the agenda of a Regular Council Meeting. 2. All items that are not routine in nature and presented shall include a completed Council Agenda Synopsis (CAS), a staff report, and Committee Minutes. The City Clerk or a designated person shall be responsible for attaching a CAS number, keeping the original CAS, and maintaining an index for future reference. B. The agenda and provision for the Committee of the Whole shall be citizen comments, committee reports, discussion of items referred from committees, items referred by three Councilmembers, and items set by the Council President. The agenda and any attachments will be approved by the Council President or his/her designee, and shall be prepared by the City Clerk for distribution to the Council by 12:00 p.m. Noon on Friday. C. Items may be placed directly on the agenda of a Regular Meeting when the items are approved by the Council President, and: 1. The items are routine in nature, such as approval of vouchers, proclamations, acknowledgement or receipt of petitions or documents, or discussion of claims for damages. Council Meeting procedures 4 4 2. An emergency condition exists that represents a personnel hazard, impending deadline, or risk of immediate financial loss. In such instances, the CAS summary or staff memo should clearly define why the special procedure is necessary. 3. In the event the sponsor of any items to come before the City Council feels it both appropriate and beneficial to the City, that sponsor may bring such items directly to the Regular Meeting with the concurrence of three Councilmembers. D. The Council President may affix an approximate time limit for each agenda item at the time of approval of the agenda. E. All proposed ordinances and resolutions shall be reviewed by the City Attorney and bear the Attorney's certification that they are in correct form before final passage. All accompanying documents shall be available before ordinances and resolutions can be passed. F. Resolutions of the City Council shall be signed by the Council President. G . A joint resolution of the City Council and the Mayor may be proposed when: 1. The subject of the resolution is of broad City concern, and the subject contains Council policy and administrative procedure; or 2. The subject of the resolution is of a ceremonial or honorary nature. H. Joint resolutions will be subject to the voting rules in TMC Chapter 2.04.130 and will be signed by the Mayor and Council President. The Council may provide for all Councilmembers to sign the joint resolution enacted under TMC Chapter 2.04.110 G. 2.04.120 Speaking Procedures A. Speaking procedure for agenda items under consideration is as follows: 1. A Councilmember desiring to speak shall address the chair and, upon recognition by the presiding officer, shall confine hitn/herself to the question under debate. Recognition of Councilmembers shall be by seniority. 2. Any member, while speaking, shall not be interrupted unless it is to call him or her to order. 3. No Councilmember shall speak a second time on the same motion before an opportunity has been given each Councilmember to speak on that motion. B. Addressing the Council for items under Council discussion shall proceed as follows: 1. Any person, with the permission of the presiding officer, may address the Council, but the presiding officer shall be required to recognize speakers in the following order: a. A person designated by the presiding officer to introduce the subject under discussion. b. Those whose request to be heard is contained in the written agenda. c. Those who have submitted their request to be heard in writing or to the City Clerk before the meeting. d. Those who ask recognition from the floor. 2. In addressing the Council, each person shall advance to the podium and, after recognition, give name and address, and — unless further time is given by the presiding officer — shall limit his/her address to five minutes. All remarks shall be made to the Council as a body and not to any individual member or to the audience. 3. No person shall be permitted to enter into any discussion from the floor without first being recognized by the presiding officer. 4. Any person making personal, impertinent or slanderous remarks while addressing the Council shall be barred from further audience participation by the presiding officer unless permission to continue is granted by a majority vote of the Council. 2.04.130 Voting A. Silence of a Councilmember during a voice vote shall be recorded as an affirmative vote except where such a Councilmember abstains because of a stated conflict Council Meeting Procedure! 5 5 of interest. Each member present must vote on all questions before the Council and may abstain only by reason of conflict of interest. B. A roll -call vote may be requested by the presiding officer or any member of the Council. Voting normally shall be by seniority; however, this procedure may be changed by the presiding officer. C. Confirmations of appointments by the Mayor, budget transfers, personnel levels, and formal motions, resolutions, ordinances and amendments thereto shall require the affirmative votes of four Councilmembers. 2.04.140 Executive Sessions The City Council may hold an Executive Session during a Regular Meeting, Special Meeting or Committee of the Whole meeting to consider certain matters as set forth in RCW 42.30.110. 2.04.150 Continuances Any hearing being held or ordered to be held by the City Council may be continued in the manner as set forth by RCW 42.30.100. 2.04.160 Adjournment A. Any Committee of the Whole, Regular, adjourned Regular, Special or adjourned Special Meeting may be adjourned in the manner as set forth in RCW 42.30.090. B. All meetings of the Council shall adjourn no Iater than 11:00 p.m. If the Council desires to extend the meeting, a motion shall be required of a majority plus one vote of Councilmembers present. Items not acted on by the 11:00 p.m. deadline shall be deferred to the next respective Council meeting as unfinished business, unless Council, by a majority vote of members present, determines otherwise. 2.04.170 Questions of Parliamentary Procedure Questions of parliamentary procedure not covered by this chapter shall be governed by Robert's Rules of Order, Newly Revised (latest edition). 2.04.180 Council Committees and Representatives A. There are four standing committees of the Council consisting of three members each. The Council President shall appoint the membership of each committee and the committee chair by the second Regular Meeting of each year. The chair for each committee shall set the schedule of meetings and cause them to be published. In the event a committee member is unable to attend a meeting, that member may ask another Councilmember to attend in his/her place. B. The standing committees shall consider and may make policy and legislative recommendations to the City Council on items referred to the committee by the Council President, the Council, administrative departments, boards or commissions. If budgeted in an amount less than or equal to $25,000, a committee can approve a bid or negotiation award by an affirmative vote of three committee members. If a unanimous committee vote is not obtained, the award will be refeiied to the City Council for action. The standing committees, their scopes of authority, and the supporting City departments are as follow: 1. Transportation Committee, which shall consider matters related to transportation, transportation plans, traffic, transit, streets, street lighting, signals, street LIDs, and rights-of-way in coordination with the Public Works Department and Department of Community Development. 2. Utilities Committee, which shall consider matters related to water; sewer; electric power; natural gas; telephone; cable television; telecommunications; solid waste reduction, reuse and recycling; river basins; and levies in coordination with the Public Works Department. 3. Finance and Safety Committee, which shall consider matters related to the general fiscal and financial operations of the City; budget and financial reports; and policy matters related to personnel including, but not limited to, the salary grade schedule, position classifications and salary changes in coordination with the Finance Department, Administrative Services Department, and City Administrator. They will consider library issues, tourism, administrative matters, and information technology issues in conjunction Council Meeting Procedures 6 6 with the City Clerk, Library Advisory Board, Lodging Tax Advisory Board, Chamber of Commerce, and Information Services. They shall consider matters related to police and fire protection; the municipal court emergency services; and animal control in coordination with the Police Department, Fire Department, Civil Service Commission, Public Works Department, and Community -Oriented Policing Board. 4. Community Affairs and Parks Committee, which shall consider matters related to the planning of the physical, economic, aesthetic, cultural and social development of the City; and Comprehensive Plan, Zoning Code, Building Code, code enforcement, Sign Code and annexation policies, in coordination with the Department of Community Development, Human Services, Planning Commission, Hearing Examiner, Sister Cities Committee, Human Services Advisory Board, and the Equity and Diversity Commission. They shall consider matteib relating to parks and park plans, recreation facilities and community activities, in coordination with the Parks and Recreation Department, the Arts Commission, and Park Commission. B. The Council President may establish such ad hoc committees as may be appropriate to consider special matters that do not readily fit the standing committee structure or that require special approach or emphasis. The Council President shall appoint Council representatives to intergovernmental councils, boards and committees as needed. C. Council committees shall consider all matters referred. Each committee chair shall report to the Council the findings of the committee. Committees may refer items to the Council with no committee recommendation. D. Each committee chair may review and approve his/her committee agenda and will approve committee minutes before distribution. The committee chair can authorize the cancellation of a committee meeting. An affirmative vote of three members of Finance and Safety Committee is required when the committee approves unbudgeted items. 2.04.190 Filling Council Vacancies If a vacancy occurs in the office of Councilmember, the Council will follow the procedures outlined in RCW 35A.12.050. In order to fill the vacancy with the most qualified person available until an election is held, the Council will widely distribute and publish a notice of the vacancy, the procedure and any application form for applying. The Council will draw up an application form, which contains relevant information to answer set questions posed by the Council. The application forms will be used in conjunction with an interview of each candidate to aid the Council selection of the new Councilmember. Section 2. Repealer. Ord. Nos. 1311, 1345, 1421, 1770 §1, and 1796 §3 (part) are hereby repealed. Section 3. 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 4. 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 TU WILA, WASHINGTON, at a Regular Meeting thereof this 4/ day of 2003. ATTEST/ AUTHENTICATED: , a -14 -4 - an E. Cantu, CMC, City Clerk APPROVED TO FORM BY: Office of the C i Attorney Council Meeting Procedures 7 Steven M. Mullet, Mayor 7�/ 7h 3 a3 Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: , 7 3 7 City of Tukwila Washington Ordinance No. .4a oq AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2024 §1 (PART), AS CODIFIED AT TUKWILA MUNICIPAL CODE SECTION 2.04.070, RELATED TO COUNCIL PRESIDENTS AND MAYOR PRO TEMPORE; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council desires to amend Ordinance No. 2024 §1 (part), as codified at Tukwila Municipal Code Section 2.04.070, to declare that the general policy of the City Council is to elect presidents in rotating order, based upon seniority; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. TMC 2.04.070 "Council President -Mayor Pro Tempore," Amended. Ordinance No. 2024 §1 (part), as codified at Tukwila Municipal Code Section 2.04.070, is hereby amended to read as follows: 2.04.070 Council President—Mayor Pro Tempore. A. At the first Regular Meeting in January of each year, members of the City Council shall elect from their number a Council President who shall hold office at the pleasure of the Council. The general policy of the City Council is to elect presidents in a rotating order, based upon seniority. If a vacancy occurs in the office of Council President, the City Council, at their next Regular Meeting, shall select a new Council President to serve the remainder of the year. B. In the absence of the Mayor, the Council President shall become the Mayor Pro Tempore and perform the duties of the Mayor except that the Council President shall not have the power to appoint or remove any officer or to veto any ordinance. If a vacancy occurs in the office of the Mayor, the City Council — at their next Regular Meeting — shall elect from their number a Mayor who shall serve until a Mayor is elected and certified at the next municipal election. Section 2. 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 3. 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 COUNCJL OF THE UIY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this Zr day of NOV.c!»r , 2008. ATTEST/AUTHENTICATED: �� IISirSf� ( a„„_,LQ,l,-y� Christy O'Flaherty, City C rk de AP . s •t: • $RM BY: ?c^ , Haggert!,,,07or Filed with the City Clerk: /%1Ior" Passed by the City Council: 111,3`1?) Published: /1/(o/ Effective Date: // / , City Attorney Ordinance Number C:\Documents and Settings \All Users \ Desktop \ Kelly \1 DATA\Ordinances\Council Pnxedures.duc scan 10/28/2006 Page lofl SUMMARY OF Ordinance No. 2209 City of Tukwila, Washington On November 3, 2008 the City Council of the City of Tukwila, Washington, adopted Ordinance No. 2209, the main points of which are summarized by its title as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2024 §1 (PART), AS CODIFIED AT TUKWILA MUNICIPAL CODE SECTION 2.04.070, RELATED TO COUNCIL PRESIDENTS AND MAYOR PRO TEMPORE; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. The full text of this ordinance will be mailed upon request. Approved by the City Council at a Regular Meeting thereof on November 3, 2008. Melissa Hart, Deputy City Jerk Published Seattle Times: November 6, 2008 CERTIFICATE REGARDING OFFICIAL NEWSPAPER I, CHRISTY O'FLAHERTY, City Clerk of the City of Tukwila, Washington, do hereby certify that The Seattle Times is the official newspaper for publishing City Council's action and business. Dated this 14th day of November, 2017. 10076 00004 gjO2dd279e rF Christy O'Flaherty, City Clerk City of Tukwila, Washington L4111 King County Department of Assessments Accounting Division 500 Fourth Avenue, ADM -AS -0725 Seattle, WA 98104-2384 (206) 263-2381 FAX (206) 296-0106 Email: assessor.info@kingcounty.gov htto://www.kingcountv.eov/assessor/ John Wilson Assessor I, John Wilson, King County Assessor, pursuant to the duty imposed upon me by RCW 84.48.130, certify that the assessed valuation of all the property subject to taxation situated within the King County boundaries of the City of Tukwila, as equalized and fixed by the County Board of Equalization and the State Board of Tax Appeals, as of January 28, 2017 (for taxes payable in 2017) is $5,763,649,829 (Grand Total) and $5,725,133,738 (Excess Total which excludes all exempt senior citizens). The TAV (timber assessed value) is $0. WITNESS my hand this 2nd day of October, 2017. JW:dsm John Wilso King Coun , Assessor CERTIFICATE REGARDING OUTSTANDING DEBT I, Peggy McCarthy, Finance Director of the City of Tukwila, Washington (the "City"), do hereby certify that the following are all of the City's currently outstanding general obligation bonds and long-term leases and financing contracts as of November 14, 2017 (excluding the City's Limited Tax General Obligation Bond, 2017 (Taxable) issued on the date hereof and the indebtedness to be refinanced with the proceeds thereof): Voted and Nonvoted General Obligation Bonds and Obligations: Outstanding General Obligation Debt Limited Tax General Obligation Debt Limited Tax General Obligation Refunding Bonds, 2008 South Correctional Entity Facility Public Development Authority Bonds, Series 2009A and 2009B (Taxable Build America Bonds — Direct Payment) Limited Tax General Obligation Bonds, 2010B Limited Tax General Obligation Bonds, 2011 Limited Tax General Obligation Bond, 2013 Limited Tax General Obligation Bond, 2014 (Taxable) Limited Tax General Obligation Bonds, 2015 Limited Tax General Obligation Bonds, 2017 Unlimited Tax General Obligation Debt Unlimited Tax General Obligation Bonds, 2016 Long-term leases and conditional sale contracts (including COPs) Designation None Dated as of this 14th day of November, 2017. 10076 00004 gjO2dd279e Principal Amount Outstanding $ 2,165,000 6,093,600 3,575,000 3,360,000 562,104 3,560,000 5,605,000 8,180,000 $32,990,000 and other debt: Outstanding Balance Peggy City of .1 y, Finance Di =. tor kwila, Washing BOND COUNSEL'S CALCULATION OF DEBT LIMIT Value of Taxable Property within the City of Tukwila, Washington, for regular taxes and excess levies payable in 2017, per certificate of the King County Assessor (excess total excluding exempt senior citizens and $ 5,725,133,738 timber assessed value): Nonvoted Limited Indebtedness: Nonvoted Debt Ceiling per RCW 39.36.020: 1.50% of value of taxable $ 85,877,006 property Less: Nonvoted debt outstanding per Certificate of Finance Director ($ 33,100,704) Proposed Limited Tax General Obligation Bond, 2017 (Taxable) ($ 2,276,000) Leases/Sale Contracts ($ 0) Total Nonvoted Debt ($ 35,376,704) Remaining Nonvoted Debt Capacity $ 50,526,302 Total Debt Ceiling for General Municipal Purposes, Voted and Nonvoted: 2.50% value of taxable property (RCW 39.36.020) $ 143,128,343 Less: Voted Debt Outstanding per Certificate of the Finance Director ($ 32,990,000) Nonvoted debt from above ($ 35,376,704) Total Debt ($ 68,366,704) Remaining Debt Capacity Unused: $ 74,787,639 Based upon the certificate of assessed valuation of the King County Assessor and the certificate of general obligation debt outstanding as of November 14, 2017 of the City of Tukwila, Washington (the "City"), the issuance of the Limited Tax General Obligation Bond, 2017 (Taxable) by the City, will be within the constitutional and statutory limits for nonvoted, voted and total indebtedness. Dated as of this 14th day of November, 2017. PACIFICA LAW GROUP LLP By Deanna Gregory 'emNY— CERTIFICATE REGARDING BOND ORDINANCE I, CHRISTY O'FLAHERTY, City Clerk of the City of Tukwila, Washington (the "City"), do hereby certify: 1. That the attached Ordinance No. 2553 (the "Ordinance") is a true and correct copy of an ordinance of the City Council, as adopted at a regular meeting of the City Council held on November 6, 2017, and duly recorded in my office, and that such Ordinance has not been amended or superseded. 2. That the meeting was duly convened and held in all respects in accordance with law, and to the extent required by law, due and proper notice of the meeting was given; that a legal quorum was present throughout the meeting and a legally sufficient number of members of the City Council voted in the proper manner for the adoption of the Ordinance; that all other requirements and proceedings incident to the proper adoption of the Ordinance have been duly fulfilled, carried out and otherwise observed; and that I am authorized to execute this certificate. Dated this 14th day of November, 2017. hristy 6'Flaherty, City Clerk City of Tukwila, Washington 10076 00004 gj02dd279e City of Tukwila Washington Ordinance No. f .S .s AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AUTHORIZING THE ISSUANCE AND SALE OF A LIMITED TAX GENERAL OBLIGATION BOND OF THE CITY IN THE PRINCIPAL AMOUNT OF NOT TO EXCEED $2,350,000 TO REFUND THE CITY'S OUTSTANDING LIMITED TAX GENERAL OBLIGATION BOND ANTICIPATION NOTE, 2014 (TAXABLE NON -REVOLVING LINE OF CREDIT) AND TO PAY THE COST OF ISSUING THE BOND; PROVIDING THE FORM OF THE BOND; AUTHORIZING THE SALE OF THE BOND TO CASHMERE VALLEY BANK; AND PROVIDING FOR OTHER MATTERS RELATING THERETO; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Tukwila, Washington (the "City"), has outstanding its Limited Tax General Obligation Bond Anticipation Note, 2014 (Taxable Non -Revolving Line of Credit), issued on December 9, 2014 pursuant to Ordinance No. 2464 passed by the City Council (the "Council") on December 1, 2014, as amended by Ordinance No. 2472 passed by the Council on March 16, 2015 (as amended, the "Note Ordinance"), in the original principal amount of $2,250,000 (the "Note"); and WHEREAS, the Note is scheduled to mature on December 1, 2017; and WHEREAS, the Note Ordinance authorizes the City to prepay all or a portion of the outstanding principal on the Note in advance of its maturity date at any time; and WHEREAS, after due consideration it appears that it is in the best interest of the City to pay at maturity or prepay the Note from proceeds of a limited tax general obligation bond issued in the principal amount of not to exceed $2,350,000 (the "Bond"); and WHEREAS, the City has received the offer of Cashmere Valley Bank (the "Purchaser") set forth in Exhibit A attached hereto (the "Proposal"), to purchase the Bond; and W: Word Processing1Ordinances\LTGO Bond -2017 Cashmere Valley Bank 10-10-17 PM:bjs Page 1 of 8 WHEREAS, it is deemed necessary and advisable that the City accept the Purchaser's offer and issue the Bond as set forth herein; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Definitions and Interpretation of Terms. (a) Definitions. As used in this ordinance, the following words shall have the following meanings, unless the context or use indicates otherwise, words importing the singular number shall include the plural number and vice versa. Adjustment Date means the First Interest Rate Adjustment Date and the Second Interest Rate Adjustment Date. Bond means the City's Limited Tax General Obligation Bond, 2017 (Taxable), authorized to be issued pursuant to the terms of this ordinance. Bond Counsel means Pacifica Law Group LLP, or an attorney at law or a firm of attorneys, selected by the City. Bond Register means the registration records for the Bond maintained by the Bond Registrar. Bond Registrar means the City Finance Director, whose duties include registering and authenticating the Bond, maintaining the Bond Register, transferring ownership of the Bond, and paying the principal of and interest on the Bond. City means the City of Tukwila, Washington, a municipal corporation duly organized and existing under the laws of the State of Washington. City Administrator means the duly appointed and acting City Administrator, including anyone acting in such capacity for the position, or the successor to the duties of that office. City Attorney means the duly appointed and acting City Attorney, including anyone acting in such capacity for the position, or the successor to the duties of that office. City Clerk means the duly appointed and acting City Clerk of the City or the successor to the duties of that office. Commission means the United States Securities and Exchange Commission. Council or City Council means the Tukwila City Council, as the general legislative body of the City as the same is duly and regularly constituted from time to time. Debt Service Fund means the fund or account created pursuant to this ordinance for the purpose of paying debt service on the Bond. Finance Director means the duly appointed and acting Finance Director of the City or the successor to such officer. W: Word Processing\Ordinances\LTGO Bond -2017 Cashmere Valley Bank 10-10-17 PM:bjs Page 2of8 First Interest Rate Adjustment Date means December 1, 2020. Interest Rate means: (a) from the date of issuance to (but not including) the First Interest Rate Adjustment Date, a fixed rate of interest of 2.6% per annum; (b) from the First Interest Rate Adjustment Date to (but not including) the Second Interest Rate Adjustment Date, a fixed rate of interest of 2.8% per annum; and (c) from the Second Interest Rate Adjustment Date to the Maturity Date, a fixed rate of interest of 3.0% per annum. Maturity Date means the final date of maturity stated in the Bond, which shall be approximately five years from the date of issuance of the Bond. Mayor or City Mayor means the elected Mayor of the City, or the successor to the duties of that office. Note means the City's Limited Tax General Obligation Bond Anticipation Note, 2014 (Taxable Non -Revolving Line of Credit), issued on December 9, 2014 pursuant to the Note Ordinance. Note Ordinance means Ordinance No. 2464 passed by the Council (on December 1, 2014, as amended by Ordinance No. 2472 passed by the Council on March 16, 2015. Proposal means the proposal letter submitted by the Purchaser substantially in the form attached hereto as Exhibit A. Purchaser means Cashmere Valley Bank, Cashmere, Washington, and its successors and assigns. Registered Owner means the person named whose name the Bond is registered on the Bond Register. Rule means the Securities and Exchange Commission's Rule 15c2-12 under the Securities Exchange Act of 1934, as the same may be amended from time to time. Second Interest Rate Adjustment Date means December 1, 2021. State means the State of Washington. (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 or feminine gender shall mean and include correlative words of any gender and words importing the singular number shall mean and include the plural number and vice versa; W: Word Processing\Ordinances\LTGO Bond -2017 Cashmere Valley Bank 10-10-17 PM:bjs Page 3 of 8 (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 the Bond. (a) For the purpose of paying at maturity or prepaying the Note and paying costs of issuance of the Bond, the City is hereby authorized to issue and sell a limited tax general obligation bond in the principal amount not to exceed $2,350,000 (the "Bond"). (b) The Bond shall be a general obligation of the City and shall be designated "City of Tukwila, Washington, Limited Tax General Obligation Bond, 2017 (Taxable)" or other such designation as set forth in the Bond and approved by the Finance Director. The Bond shall be dated as of its date of delivery to the Purchaser, shall be fully registered as to both principal and interest, shall be in one denomination, and shall mature on the Maturity Date. The Bond shall bear interest from its dated date or the most recent date to which interest has been paid at the Interest Rate then in effect, as the same may be adjusted pursuant to the Proposal and set forth herein. The Interest Rate shall reset on each Adjustment Date, and shall remain in effect until but not including the next Adjustment Date. Interest on the principal amount of the Bond shall be calculated per annum on a 30/360 basis, or as otherwise provided in the Bond. Principal of the Bond shall be payable on the Maturity Date and interest on the Bond shall be paid semi- annually on June 1 and December 1, beginning June 1, 2018, to the Maturity Date or prior prepayment. Section 3. Registration, Exchange and Payments. (a) RegistrarlBond Registrar. The Finance Director shall act as Bond Registrar. The Bond Registrar is authorized, on behalf of the City, to authenticate and deliver the Bond if transferred or exchanged in accordance with the provisions of the Bond and this ordinance and to carry out all of the Bond Registrar's powers and duties under this ordinance. (b) Registered Ownership. The City and the Bond Registrar may deem and treat the Registered Owner of the Bond as the absolute owner for all purposes, and neither the City nor the Bond Registrar shall be affected by any notice to the contrary. Payment of the Bond shall be made only as described in subsection (d) below. All such payments made as described in subsection (d) below shall be valid and shall satisfy the liability of the City upon the Bond to the extent of the amount so paid. W: Word Processing\Ordinances\LTGO Bond -2017 Cashmere Valley Bank 10-10-17 PM:bjs Page 4 of 8 (c) Transfer or Exchange of Registered Ownership. The Purchaser shall have the right at any time to assign, transfer or convey the Bond in whole but no such assignment, transfer or conveyance shall be effective as against the City unless and until the Purchaser has delivered to the City prior written notice thereof that discloses the name and address of the assignee and such assignment, transfer or conveyance shall be made only to (i) an affiliate of the Purchaser or (ii) banks, wholly-owned direct or indirect subsidiaries of banks or bank holding companies, insurance companies or other financial institutions or their affiliates that signs a qualified purchaser letter in substantially the same form as provided by the Purchaser in connection with the issuance of the Bond and otherwise satisfactory to Bond Counsel. Nothing herein shall limit the right of the Purchaser or its assignees to sell or assign participation interests in the Bond to one or more entities listed in (i) or (ii). (d) Place and Medium of Payment. Both principal of and interest on the Bond shall be payable in lawful money of the United States of America. Principal and interest on the Bond shall be payable by check, warrant, ACH transfer or by other means mutually acceptable to the Purchaser and the City. Upon final payment of principal and interest of the Bond, the Registered Owner shall surrender the Bond for cancellation at the office of the Bond Registrar in accordance with this ordinance. Section 4. Prepayment. The outstanding principal amount of the Bond may be prepaid in whole or in part at any time prior to the Maturity Date at a price of par plus accrued interest to the date of prepayment. The City shall provide at least 15 calendar days prior written notice of any intended prepayment. If the Bond is prepaid in full in accordance with this Section 4, interest shall cease to accrue on the date the Bank receives such prepayment. Section 5. Form of Bond. The Bond shall be in substantially the form set forth in Exhibit B, which is incorporated herein by this reference. Section 6. Execution of Bond. (a) The Bond shall be executed on behalf of the City with the manual or facsimile signature of the Mayor, and shall be attested by the manual or facsimile signature of the Clerk. (b) Only such Bond as shall bear thereon a Certificate of Authentication in the form set forth in Exhibit B, 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 Bond so authenticated has been duly executed, authenticated and delivered hereunder and is entitled to the benefits of this ordinance. (c) In case either of the officers who shall have executed the Bond shall cease to be an officer or officers of the City before the Bond so signed shall have been authenticated or delivered by the Bond Registrar, or issued by the City, such Bond 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 W: Word Processing1Ordinances\LTGO Bond -2017 Cashmere Valley Bank 10-10-17 PM:bjs Page 5 of 8 the same had continued to be such officers of the City. The Bond may also be signed and attested on behalf of the City by such persons who at the date of the actual execution of the 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. Application of Bond Proceeds. Proceeds of the Bond shall be distributed as follows: (a) The amount necessary to pay or prepay the outstanding principal of and interest on the Note on the date of maturity or prepayment, respectively, plus any prepayment penalties or related fees, shall be deposited into the Note Account (as defined in the Note Ordinance) and shall be used within 30 days of the issuance of the Bond to redeem the Note in accordance with its terms. After the Note is paid in full, the Note shall be cancelled and delivered to the City. (b) The remaining proceeds of the Bond shall be used by the City to pay costs of issuance of the Bond or shall be deposited into the Debt Service Fund. (c) The Finance Director is hereby authorized to select the date of prepayment (if any) and to call the Note for prepayment prior to maturity on such date in accordance with the terms of the Note Ordinance. The Finance Director and the appropriate City officials are further authorized to execute such documents and to take such actions as necessary to pay or prepay the Note in accordance with its terms and this ordinance. Section 8. Pledge of Funds and Credit; General Obligation. (a) The City hereby authorizes the creation of a fund or account to be used for the payment of debt service on the Bond (the "Debt Service Fund"). No later than the date each payment of principal of or interest on the Bond becomes due, the City shall transmit sufficient funds, from the Debt Service Fund or from other legally available sources, to the Registered Owner for the payment of such principal or interest. Money in the Debt Service Fund may be invested in legal investments for City funds. (b) The City hereby irrevocably covenants and agrees for as long as the Bond is 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 other revenues and money of the City legally available for such purposes, to pay the principal of and interest on the Bond when due. (c) 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 Bond will be and is hereby irrevocably set aside, pledged and appropriated for the payment of the principal of and interest on the Bond. 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 Bond when due. W: Word Processing\Ordinances\LTGO Bond -2017 Cashmere Valley Bank 10-10-17 PM:bjs Page 6 of 8 Section 9. Sale of the Bond. (a) The Bond shall be sold to the Purchaser pursuant to the terms of this ordinance and the Proposal. The City hereby accepts the Proposal, which is attached as Exhibit A and incorporated herein by this reference. The Finance Director is hereby authorized: (a) to approve the principal amount of the Bond; (b) to execute a bond purchase agreement with the Purchaser; and (c) to agree to any other terms, conditions and covenants that are in the best interest of the City and in accordance with the Proposal, so long as the principal amount of the Bond does not exceed $2,350,000 and the terms of the Bond are otherwise consistent with the terms of this ordinance. (b) The appropriate City officials, including but not limited to the City Mayor, City Administrator and the Finance Director, are hereby authorized and directed to do everything necessary for the prompt issuance, execution and delivery of the Bond and for the proper application and use of the proceeds thereof. Section 10. Ongoing Disclosure; Covenants. (a) Ongoing Disclosure. The Bond is exempt from ongoing disclosure requirements of the Rule. (b) Covenants. So long as the Bond is outstanding, the City hereby covenants and agrees to provide the Registered Owner: (1) Copies of the City's audited financial statements within a reasonable time after such statements become available; and (2) Financial or other information as may be reasonably requested from time to time. Section 11. Lost, Stolen or Destroyed Bond. In case the Bond shall be lost, stolen or destroyed while in the Registered Owner's possession, the Bond Registrar may at the request of the Registered Owner execute and deliver a new Bond 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 its filing with the City written certification that such Bond was actually lost, stolen or destroyed and of its ownership thereof. In the case the Bond shall be lost, stolen, or destroyed while in the Registered Owner's possession, the Registered Owner may elect upon final payment of principal and interest of the Bond to surrender a photocopy of the Bond for cancellation at the office of the Bond Registrar together with written certification that such Bond was actually lost, stolen or destroyed and of its ownership thereof. W: Word Processing\Ordinances\LTGO Bond -2017 Cashmere Valley Bank 10-10-17 PM:bjs Page 7 of 8 Section 12. Severability; Ratification. If any one or more of the covenants or agreements provided in this ordinance to be performed 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 Bond. All acts taken pursuant to the authority granted in this ordinance but prior to its effective date are hereby ratified and confirmed. Section 13. Payments Due on Holidays. If an interest and/or principal payment date for the Bond is not a business day, then payment shall be made on the next business day and no interest shall accrue for the intervening period. Section 14. Corrections by City Clerk. Upon approval of the City Attorney and Bond Counsel, the City Clerk is hereby authorized to make necessary corrections to this ordinance, including but not limited to the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; ordinance numbering and section/subsection numbering; and other similar necessary corrections. Section 15. 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 TJKWILA, WASHINGTON, at a Regular Meeting thereof this / Tt day of )1/00 Q,,,, j pc- , 2017. ATTEST/AUTHENTICATED: Chr0,1/4/1 isty O'FI `,f rty, MMC, City Clerk APPROVED AS TO FORM BY: • ica Law Group LLP, on ica Law and C. unsel Filed with the City Clerk: 11— I--(') Passed by the City Council: I 1-& -17 Published: Effective Date: Ordinance Number: Attachments: Exhibit A — Proposal — Cashmere Valley Bank Exhibit B — Form of Bond / Certificate of Authentication and Registration W: Word Processing\Ordinances\LTGO Bond -2017 Cashmere Valley Bank 10-10-17 PM:bjs Page 8 of 8 Exhibit A Copy of Purchaser's Proposal [attached] A-1 City of Tukwila Limited Tax General Obligation Bond, 2017 (Taxable) Term Sheet (Subject to Bank underwriting and credit approval) September 25, 2017 1. Issuer: City of Tukwila, King County Washington (the "City") 2. Amount: $2,350,000 3. Form: Registered Limited Tax General Obligation Bond, 2017 (Taxable) (the "Bond") issued by the City and purchased by Cashmere Valley Bank at private sale. 4. Purpose: Proceeds would be used to refund the City's LTGO Bond Anticipation Note, 2014 (Taxable) which was used to acquire certain improved property on Tukwila International Boulevard for the purpose of redevelopment, and to pay certain costs of Bond issuance. 5. Bond Terms: a) Interest Rate and Terms: The Bond would be structured as a taxable non -amortizing bond with a final maturity of either 3, 4 or 5 years. The rate of interest for the first 3 years would be 2.6%. The rate of interest for year 4 would be 2.8%, and for year 5, 3.0%. Interest would be computed on the basis of a 360 - day year consisting of twelve 30 -day months. The Bond would be dated the Date of Delivery and would bear interest from its date. The City may choose if interest is paid monthly, quarterly or semi-annually. b) Transferability Cashmere Valley Bank would hold the Bond with no intent to sell or transfer. The Bond may be transferred only in whole to a qualified investor. City of Tukwila Limited Tlx General Obligation Bond 2017 (Taxable) Page 2 c) Security The Bond would be a limited tax general obligation supported by the full faith and credit of the City. 6. Prepayment: The outstanding principal amount of the Bond may be prepaid in whole or in part at any time prior to the Maturity Date at par plus accrued interest to the date of prepayment. The City would provide the Bank with written notice of any intended prepayment at least 15 days prior to such prepayment date. 7. Fees: The Bank would not charge any fees for the Bond, and does not expect any legal costs. 8. Additional Terms: The Bond documents would be in the standard forms customarily required by the Bank for municipal funding and would include additional terms and conditions not discussed above. The City would provide its annual financial report to the Bank during the period the Bond is outstanding and held by the Bank. At the date of closing the Bond, the financial condition and credit of the City and all other features of this transaction would be as represented to the Bank without material adverse change. Please note that this term sheet is for discussion purposes only and does not represent a commitment on the part of the Bank to lend funds. The Bank agrees to the proposed schedule of events presented in the Request for Proposals. ORAL AGREEMENTS OR ORAL COMMITMENTS TO LOAN MONEY, EXTEND CREDIT, OR TO FORBEAR FROM ENFORCING REPAYMENT OF A DEBT ARE NOT ENFORCEABLE UNDER WASHINGTON LAW. Exhibit B Form of Bond UNITED STATES OF AMERICA NO. RR=1 $ STATE OF WASHINGTON CITY OF TUKWILA LIMITED TAX GENERAL OBLIGATION BOND, 2017 (TAXABLE) DATE OF ISSUANCE: j , 2017] MATURITY DATE: [ , 2022] REGISTERED OWNER: CASHMERE VALLEY BANK, CASHMERE WASHINGTON PRINCIPAL AMOUNT: MILLION AND DOLLARS The City of Tukwila, Washington, a municipal corporation organized and existing under and by virtue of the laws of the State of Washington (the "City"), hereby acknowledges itself to owe and for value received promises to pay to the Registered Owner identified above, on or before the Maturity Date identified above, the Principal Amount identified above. This bond shall bear interest on the outstanding principal balance at the interest rate then in effect (the "Interest Rate"), as follows: (a) from the Date of Issuance identified above to (but not including) the First Interest Rate Adjustment Date (December 1, 2020), a fixed rate of interest of 2.6% per annum, (b) from the First Interest Rate Adjustment Date to (but not including) the Second Interest Rate Adjustment Date (December 1, 2021), a fixed rate of interest of 2.8% per annum, and (c) from the Second Interest Rate Adjustment Date to the Maturity Date, a fixed rate of interest of 3.0% per annum. Interest on this bond shall accrue from the Date of Issuance until paid and shall be computed per annum on the principal amount outstanding on a 30/360 basis. The Interest Rate shall reset on each Adjustment Date as described above, and shall remain in effect until but not including the next Adjustment Date. Principal of this bond shall be payable on the Maturity Date and interest on this bond shall be paid semi-annually on June 1 and December 1, beginning June 1, 2018, to the Maturity Date or prior prepayment. B-1 Both principal of and interest on this bond shall be payable in lawful money of the United States of America. Principal and interest on this bond shall be payable by check or warrant or by other means mutually acceptable to the Registered Owner and the City. Upon final payment of principal and interest of this bond, the Registered Owner shall surrender this bond for cancellation at the office of the Bond Registrar in accordance with Ordinance No. of the City (the "Bond Ordinance"). This bond is issued pursuant to the Bond Ordinance to redeem the City's Limited Tax General Obligation Bond Anticipation Note, 2014 (Taxable Non -Revolving Line of Credit) and to pay costs of issuance for this bond. Capitalized terms used in this bond have the meanings given such terms in the Bond Ordinance. The City may prepay this bond on any date upon providing at least 15 calendar days prior written notice to the Registered Owner, as further provided in the Bond Ordinance. The City has in the Bond Ordinance authorized the creation of a fund to be used for the payment of debt service on this bond, designated as the Debt Service Fund. The Debt Service Fund shall be drawn upon for the sole purpose of paying the principal of and interest on this bond. 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. Owners of this bond do not have a security interest in particular revenues or assets of the City. This bond is not a debt or indebtedness of the State of Washington, or any political subdivision thereof other than the City. 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 issued pursuant to the Constitution and laws of the State of Washington, and duly adopted ordinances of the City. This bond is transferable upon compliance with the 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, to have happened, been done and performed precedent to and in the issuance of this bond exist, have happened, been done and performed and that the issuance of this bond does not violate any constitutional, statutory or other limitation upon the amount of bonded indebtedness that the City may incur. B-2 IN WITNESS WHEREOF, the City of Tukwila, Washington, has caused this bond to be executed by the manual or facsimile signature of the Mayor of the City Council and attested by the manual or facsimile signature of the Clerk, as of this day of , 2017. [SEAL] CITY OF TUKWILA, WASHINGTON By Allan Ekberg, Mayor ATTEST: Christy O'Flaherty, MMC, City Clerk CERTIFICATE OF AUTHENTICATION AND REGISTRATION This bond is the City of Tukwila, Limited Tax General Obligation Bond, 2017 (Taxable) described in the within mentioned Bond Ordinance and is registered in the name of the Registered Owner on the books of the City, in the office of the City Finance Director (the "Bond Registrar"), as to both principal and interest, as noted in the registration blank below. All payments of principal of and interest on this bond shall be made by the City to the Registered Owner from the Debt Service Fund. Date of Name and Address of Signature of Registration Registered Owner Bond Registrar , 2017 B-3 Finance Director CERTIFICATE I, the undersigned, the Clerk of the City of Tukwila, Washington (the "City"), DO HEREBY CERTIFY: 1. That the attached 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 meeting place thereof on November 6, 2017 as that ordinance appears in the minute book of the City; and the Ordinance will be in full force and effect five (5) days after its passage and publication as provided by law; and 2. That the meeting was duly convened and held in all respects in accordance with law, and to the extent required by law, due and proper notice of such meeting was given; that a legal quorum was present throughout the meeting and a legally sufficient number of members of the Council voted in the proper manner for the passage of said Ordinance; that all other requirements and proceedings incident to the proper passage of said Ordinance have been fully fulfilled, carried out and otherwise observed; and that I am authorized to execute this certificate. 3. That Ordinance No. has not been amended, supplemented or rescinded since its passage and is in full force and effect and that I am authorized to execute this certificate. IN WITNESS WHEREOF, I have hereunto set my hand this day of , 2017. CITY OF TUKWILA, WASHINGTON Christy O'Flaherty, MMC, City Clerk City of Tukwila Public Notice of Ordinance Adoption for Ordinances 2553-2554. On November 6, 2017 the City Council of the City of Tukwila, Washington, adopted the following ordinances, the main points of which are summarized by title as follows: Ordinance 2553: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AUTHORIZING THE ISSUANCE AND SALE OF A LIMITED TAX GENERAL OBLIGATION BOND OF THE CITY IN THE PRINCIPAL AMOUNT OF NOT TO EXCEED $2,350,000 TO REFUND THE CITY'S OUTSTANDING LIMITED TAX GENERAL OBLIGATION BOND ANTICIPATION NOTE, 2014 (TAXABLE NON - REVOLVING LINE OF CREDIT) AND TO PAY THE COST OF ISSUING THE BOND; PROVIDING THE FORM OF THE BOND; AUTHORIZING THE SALE OF THE BOND TO CASHMERE VALLEY BANK; AND PROVIDING FOR OTHER MATTERS RELATING THERETO; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. Ordinance 2554: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AUTHORIZING AND PROVIDING FOR THE ACQUISITION OF INTERESTS IN LAND FOR THE PURPOSE OF COMPLETING THE PUBLIC SAFETY PLAN PROJECTS; PROVIDING FOR CONDEMNATION, APPROPRIATION, TAKING OF LAND AND PROPERTY RIGHTS NECESSARY THEREFOR; PROVIDING FOR PAYMENT THEREOF AND DIRECTING THE INITIATION OF APPROPRIATE PROCEEDINGS IN THE MANNER PROVIDED BY LAW AND FOR SAID CONDEMNATION; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. The full text of this ordinance will be provided upon request. Christy O'Flaherty, MMC, City Clerk Published Seattle Times: November 9, 2017 CERTIFICATE REGARDING MINUTES OF COMMITTEE OF THE WHOLE I, CHRISTY O'FLAHERTY, City Clerk of the City of Tukwila, Washington, do hereby certify that the attached is a full, true and correct copy of the minutes of the October 23, 2017 Committee of the Whole meeting, which reflect the first discussion of Ordinance No. 2553. Dated this 14th day of November, 2017. bro Christy O'Flaherty, City Clerk City of Tukwila, Washington 10076 00004 gj02dd279e Tukwila City Council Committee of the Whole Meeting City Hall Council Chambers October 23, 2017 — 7:00 P.M. MINUTES COMMITTEE OF THE WHOLE CALL TO ORDER/PLEDGE OF ALLEGIANCE Council President Robertson called the Tukwila City Council meeting to order at 7:00 p.m. and led the audience in the Pledge of Allegiance. OFFICIALS Present were Council President Robertson; Councilmembers Joe Duffie, Verna Seal, De'Sean Quinn, Kate Kruller, Thomas McLeod. Councilmember Hougardy was not present. CITY OFFICIALS David Cline, City Administrator; Bruce Linton, Police Chief; Leon Richardson, Senior Manager, Police Support Operations; Jay Wittwer, Fire Chief; Stephanie Brown, Human Resources Director; Peggy McCarthy, Finance Director; Robin Tischmak, Acting Public Works Director; Laurel Humphrey, Council Analyst; Andy Youn, Deputy City Clerk. SPECIAL PRESENTATIONS a. Update on SCORE Jail David Cline, City Administrator, introduced Penny Bartley, Executive Director of SCORE. Tukwila is one of the founders of the South Correctional Entity (SCORE) jail. Several years ago, south -end cities entered a joint agreement to create SCORE jail as a solution for their misdemeanor jail population. Penny Bartley, Executive Director of SCORE, utilized a PowerPoint presentation to provide the Council with a 2017 update. She stated the last time she presented to the Council was in 2014. SCORE serves the Member Cities of Auburn, Burien, Des Moines, Federal Way, Renton, SeaTac and Tukwila. These Member Cities were responsible for the organization of SCORE. It's managed by the following boards, with the Administrative Board functioning as the governing body: • Administrative Board o 4 Elected Mayors (Mayor Ekberg represents the City of Tukwila) o 3 Councilmembers (Representatives from Burien, SeaTac and Des Moines) • Director reports to the Administrative Board • Operations Board o 7 Police Chiefs (Police Chief Linton serves on the Operations Board) • Finance Committee o 7 Finance Directors (Peggy McCarthy serves on the Finance Committee) SCORE is the 2nd busiest jail in the state by volume of bookings. Ms. Bartley estimated that this year SCORE will book about 23,000 inmates. For 2017, the facility is averaging approximately 1,800 bookings a month. However, the facility has seen a record number of bookings (2,300) for September. Approximately 4,000 - 5,000 inmates are moved into and out of the facility each month. The average daily population for the month of October has increased from 590 in 2016, to 697 in 2017, with a majority of the inmate population made up of misdemeanor offenders. Tukwila City Council Committee of the Whole Minutes October 23, 2017 Page 2 of 7 Ms. Bartley indicated many of those arrested on misdemeanor charges are arrested due to mental health problems. SCORE provides mental health and drug and alcohol services. She also explained that there are fewer inmates coming on violent charges or misdemeanor drug charges. Of the Tukwila bookings, 13% of inmates identified Tukwila as their City of residence. 26% of inmates identified another SCORE member city. 61% were from all other cities. Ms. Bartley stated that because Tukwila is a transitory City and its population swells in the daytime, only a small percentage of bookings are from those who reside in Tukwila. One of the biggest challenges SCORE faces is that 68% of the inmates are under the influence of drugs or alcohol at the time of booking. Of those 68%: • 80% are under the influence of opiates, heroin, benzodiazepines or other drugs (may be in combination with alcohol) • 20% are under the influence of alcohol SCORE also has a high percentage of inmates who are significantly mentally ill. Based on 2014 survey results from SAMHSA (Substance Abuse and Mental Health Services Administration), Washington's rate of mental illness (20.77%) is higher than the national average (18.19%). The rate of serious mental illness in Washington is also higher (5.14%) than the national average (3.7%). Competency evaluations are another challenge. Ms. Bartley explained that when an individual is arrested, they go before the judge, who determines whether the individual needs to be evaluated for competency before he or she can proceed to trial. There has been an increase in the volume of competency orders issued by the court statewide: 2014: 880 2015: 843 2016: 1,124 Ms. Bartley relayed that SCORE has an ongoing relationship with the Department of Social and Health Services, which has placed a forensic psychologist in SCORE. As a result, SCORE's average wait time for a competency evaluation is 4 days, which is well under the court's requirement of completion within 14 days. Ms. Bartley noted that SCORE also produces more requests for competency evaluations than any other jail in the state. NaphCare, SCORE's comprehensive medical and mental health provider, works with over 123 community agencies to provide different types of services for inmates. Although many of these services are post - release, while inmates are in custody, SCORE has a unique opportunity to identify those who may benefit from services after they have been released. There are many good stories to tell: • One of only 2 jails in the state to receive accreditation with the National Commission on Correctional Health Care • First jail accredited by Washington Association of Sheriffs and Police Chiefs • Only Jail in the state to have 3 certified jail managers and 8 certified jail officers • Medication Assisted Treatment (MAT) services • Expedited competency evaluations • One of only 5 certified government finance officers in the State • Great staff doing amazing work with an extremely high volume of work Councilmember Duffle asked if inmates receive reentry training and if SCORE follows up with them after they have been released. Ms. Bartley explained that 90% of inmates are released within 30 days and that the average length of stay is approximately 8 days. Only a small percentage of inmates are incarcerated beyond a month. These inmates are placed in jobs within the facility and can work towards jobskills and certifications such as a food -handler's permit and ServSafe certification. All inmates have access to services such as anger management, counseling, and GED programming. In response to Councilmember Duffie's question regarding follow-up, Ms. Bartley explained that once inmates have been released, the court is responsible for following up. Tukwila City Council Committee of the Whole Minutes October 23, 2017 Page 3 of 7 Councilmember Quinn expressed that he enjoyed hearing about the expansive services provided by SCORE. He asked how services are spread across jurisdictions to ensure all inmates receive the care they need. Ms. Bartley stated a huge percentage of inmates are coming to SCORE with challenges such as drug and alcohol dependency, mental health, or homelessness. SCORE has been the beneficiary of funding from King County, which has embedded many resources at the facility. Ms. Bartley relayed that the mental and substance abuse treatment programs at SCORE have had a positive impact on the rate of recidivism at SCORE, which is far lower at 35% compared to the national rate of 85%. Councilmember Quinn remarked on the reduced availability of resources for treatment of mental illness and asked if this has contributed to the increase in number of inmates at SCORE. Ms. Bartley agreed with Mr. Quinn's assessment. She stated that individuals with private insurance and individuals who are networked to social service organizations and/or the criminal justice system can receive medical treatment, but anybody who falls in the middle of the spectrum falls through the cracks. Councilmember Kruller shared that approximately a year ago, she encountered a testimony from treatment professionals indicating they were not able to access inmates at SCORE to provide treatment. Ms. Bartley explained that in September 2016, SCORE changed its medical provider and as of January 2017,1 is providing methadone treatment through its contractor, Evergreen Treatment Services. Evergreen comes into the facility daily and provides courtesy dosing for inmates who are enrolled in Medication Assisted Treatment programs. SCORE's providers also recently received licenses for Suboxone and Vivitrol treatment administration. In response to a request for clarification from Ms. Kruller, Ms. Bartley explained that SCORE was delayed in being able to offer these treatments because of the time it took to find a licensed provider that could administer the treatments. Methadone is regulated by both the state and federal governments. Councilmember Kruller reported that a resident had disclosed their experience at SCORE to her and informed her that food was very sparse during his stay. Ms. Kruller noted that according to a menu she was able to review via email, SCORE has a substantive food menu. She asked how the jail ensures its food service delivers per the menu. Ms. Bartley explained that a dietician reviews the menu quarterly, and the facility undergoes all food inspections like restaurants. All inmates are given a physical inspection and weighed upon admission, then checked to ensure they are not losing an unhealthy amount of weight. Inmates can send a request to the medical department and kitchen for special dietary needs. Many inmates do receive additional food. She invited Ms. Kruller to contact her directly for further information. Councilmember McLeod referenced the slide for Bookings by Month (page 3 of the agenda packet) and asked why there was a large increase in bookings from 2013 to 2014. Ms. Bartley replied that SCORE opened in September of 2011. In 2012, SCORE expanded its services to the current 7 member cities and began taking contract agencies in 2013 and 2014. SCORE also takes inmates from smaller jails in local jurisdictions. The Councilmembers thanked Ms. Bartley for her presentation. b. Firefighter Deployments to Assist Regions Based on Weather Events Associated with Hurricanes Harvey and Irma. Jay Wittwer, Fire Chief, stated 6 members of the Fire Department responded to federal and state deployments to assist with rescue and recovery efforts in response to Hurricanes Harvey and Irma. Chief Wittwer expressed his pride in the Tukwila Fire Department for their leadership and great service. He introduced Captains Andy Nevens and Mark Morales, who utilized a PowerPoint to provide an overview of the Fire Department's deployment. Late this summer, the southeast part of the country was hit by Hurricanes Harvey and Irma. The states of Texas and Florida were hit very hard. Captains Nevens and Morales were deployed as a mission -ready package consisting of 17 members to help with Hurricane Harvey. Captain Pat McCoy and firefighter Pat O'Brien were also deployed to Texas. The team performed search and rescue operations, which lasted a few days, and primarily helped the Houston Fire Department with 911 distress calls they couldn't access due to the floods. Captain Nevens showed pictures of the floodwaters in the Houston area. Tukwila City Council Committee of the Whole Minutes October 23, 2017 Page 4 of 7 The mission -ready package finished its assignment in Houston, and drove back towards Seattle. As the team approached the Tri -Cities, they were contacted by FEMA and deployed to Georgia to assist with rescue efforts in response to Hurricane Irma. The team remained at Robins Airforce Base in Georgia for approximately a week as part of a backup Type 1 Package. Captain Nevens explained that a Type 1 Package consists of approximately 80 members and can complete any operation. During their stay in Georgia, the Tukwila Fire Department participated in trainings and learned valuable lessons on responding to future rescue operations. Captains Nevens and Morales expressed they are grateful for the opportunity to serve and proud to work for the City of Tukwila. The Councilmembers asked clarifying questions regarding the presentation and expressed great appreciation to Captain Nevens and Morales for their exemplary performance. PUBLIC COMMENTS There were no public comments. SPECIAL ISSUES a. An Ordinance for Short Term Debt Re -Financing for the Urban Renewal Project. Councilmember Seal indicated this item was discussed at the Finance Committee meeting on October 17, 2017. The committee members were unanimous in recommending approval. Peggy McCarthy, Finance Director, explained the City purchased three crime -ridden motels in,2014 for $3.6 million and an additional motel and structure in 2015 for $1.6 million fora total of $5.2 million. The City financed these purchases through a taxable 20 -year $3.85 million bond that was issued to Zions First National Bank and a taxable 3 -year $2.25 million note issued to Bank of the West in December 2014. It was previously anticipated that the note would be paid from proceeds of the sale of the property, but this has not yet occurred. The 3 -year note comes due on December 1, 2017. Based on feedback from the Finance Committee on June 6, 2017, City staff and PFM, the City's financial advisor, moved forward with the solicitation process for replacement financing. A replacement financing Request for Proposals was published on September 7, 2017, and of the seven banks that responded, Cashmere Valley Bank offered the most favorable terms. Ms. McCarthy introduced Duncan Brown of PFM, and Deanna Gregory of Pacifica Law Group, the City's bond counsel. Mr. Brown utilized a PowerPoint to provide an overview of the costs and terms of the proposed Limited Tax General Obligation (LTGO) Bond, 2017. Review of 2014 LTGO Bonds and Note • In December 2014, the City issued its $2.25 million Limited Tax General Obligation Bond Anticipation Note, 2014 and $3.85 million Limited Tax General Obligation Bonds, 2014 o Both were used to acquire properties along Tukwila International Boulevard (TIB) o The 2014 Note has a final maturity of December 1, 2017 o The 2014 Bond has a final maturity of December 1, 2034, and is subject to optional redemption on December 1, 2019. • At the time of issuance, the City anticipated using proceeds from the sale of the TIB properties to repay the 2014 Note, however the properties have not yet been sold 2014 Note — Considerations The City has several options to address the upcoming maturity of the 2017 Note: • Refinance with cash Tukwila City Council Committee of the Whole Minutes October 23, 2017 Page 5 of 7 • Refinance with Tong -term Limited Tax GO (non -voted) debt • Extension or replacement o Most flexible option (could be refinanced on a longer-term basis with other options) Limited Tax General Obligation Bond, 2017 (Taxable) • The holder of the existing 2014 Note (Bank of the West) is not interested in extending the existing facility • On September 7th, PFM distributed a Request for Proposals for replacement financing on behalf of the City o Distributed to 18 banks, of which 7 responded o Cashmere Valley Bank provided the most advantageous financing terms for the proposed Limited Tax General Obligation Bond, 2017 (Taxable) • Five year final maturity (December 1, 2022) • Initial rate of 2.6%, increasing to 2.8% in year 4 and 3.0% in year 5 • Estimated "True Interest Cost" of 2.71% through maturity • Prepayable at any time The Councilmembers asked clarifying questions to include: • A $2.25 million note was issued in 2014 but the City is refinancing for $2.35 million. Why is there a difference? Mr. Brown explained the $2.35 million is a not -to -exceed number and built in because at the time proposals were solicited from various banks, up -front fees were still unknown. Cashmere Valley Bank is not proposing any bank or legal fees. There are some fees that the City would incur, including those from its financial advisory bond counsel, but this is expected to be under $40,000. • Does refinancing put pressure on the City to sell the property as soon as possible? Ms. McCarthy explained the terms of the note give the City 5 years to sell the property. Otherwise, the City can also consider other options such as obtaining a new debt or paying off the debt with City funds. • Page 53 of the agenda packet shows a chart with debt extending to 2039. Is this all the City's debt? Ms. McCarthy responded in the affirmative and noted 2039 includes debt for SCORE. • What are the terms of the original bond issuance? Mr. Brown relayed that the 2014 Note was issued at about $2.25 million and continues to bear interest at a variable rate of approximately 2.25%. Mr. Brown clarified that Cashmere Valley Bank's terms lock in the City's cost of capital at today's market rates and doesn't subject the City to additional interest rate risk over the life of the bond. • Is there a financial risk to keeping the property rather than selling it? Ms. McCarthy concurred with Mr. Quinn's assessment that holding onto the property is not a big financial risk to the City, especially as property values in Tukwila have risen and will likely continue to rise. Ms. Gregory noted that while the historical expectation has been to use the proceeds from the sale of the property to pay the 2014 Note, from a legal perspective, there's no pledge of the property or of the proceeds. There is plenty of flexibility. • How did we arrive at the decision to move forward with refinancing? Ms. McCarthy stated the City considered other alternatives such as paying off the debt from the General Fund or rolling the debt into a longer-term debt instrument. However, because of the financial challenges the City will be facing in the next few years, refinancing and extending the debt is more prudent so the City car. keep funds available for the Public Safety Plan. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE CONSENT AGENDA AT THE NEXT REGULAR MEETING. b. A Collective Bargaining Agreement with the United Steelworkers Police Non -Commissioned Employees Stephanie Brown, Human Resources Director, stated she is pleased to bring forward a collective bargaining agreement to the Council. City staff, the City's Labor Relations Consultant, and the representatives of the United Steelworkers (USW) Police Non -Commissioned Local No. 9241 (04) opened labor negotiations on November 18, 2016, to reach an agreement on a successor labor contract. A tentative agreement negotiated in good faith Tukwila City Council Committee of the Whole Minutes October 23, 2017 Page 6 of 7 between the parties was reached during mediation on September 8, 2017, which resulted in a two-year agreement for 2017-2018. Ms. Brown explained that the collective bargaining agreement provides for a wage increase of 1.8% in 2017, and 2.5% in 2018. They will also receive two (2) floating holidays, and an increase to the shift differential for those employees who work between the hours of 5:00 p.m. — 7:00 a.m. In addition, the USW Police Non -Commissioned members have agreed to accept the City's Self -Insured Medical Benefit Plan Design changes, which will result in savings to our health care plan. Other negotiated changes to this successor labor agreement resulted in clarification of language and process, for ease of administration, interpretation and application. She noted the Council has been provided the collective bargaining agreement under separate cover. Councilmember Quinn requested clarification on the mediator's role in the process. Ms. Brown relayed the mediator's function is to be a neutral third party and resolve issues when negotiations are at an impasse. Mr. Quinn asked if labor negotiations are consistent with the current City ordinance process. Ms. Brown affirmed the guiding principles of the City drive the negotiation process. Councilmember Kruller asked who the mediator is and how we picked them. Ms. Brown stated the mediator is through the Washington State Public Employment Relations Commission (PERC). The commission is represented by state employees who are certified mediators, labor attorneys, and examiners. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE CONSENT AGENDA AT THE NEXT REGULAR MEETING. REPORTS a. Mayor Mayor Ekberg attended Duwamish Alive on October 21, 2017 and reported many people came to plant trees at the Duwamish Hill Preserve. Brooke Alford was recognized for her work with Duwamish Alive. The Tukwila Police Department sponsored a "Tip -A -Cop" fundraising event at Red Robin on October 21, 2017 to benefit the Special Olympics. Mr. Ekberg thanked the Councilmembers for attending Councilmember Duffie's retirement celebration. b. City Council Councilmember Duffie acknowledged the City, the Mayor, the Council, and everyone who attended his retirement celebration on October 21, 2017. Mr. Duffle thanked Laurel Humphrey, Council Analyst, for her work on his behalf and Maxine Anderson, former City Clerk. He also thanked Margarita Prentice, former Washington State Senator and Joe Fain, Washington State Senator. Councilmember Seal attended Councilmember Duffie's retirement celebration and enjoyed hearing about his accomplishments and stories. She expressed she is not ready to say goodbye. Councilmember Quinn was honored to be present at Councilmember Duffie's retirement celebration on October 21, 2017. Mr. Duffle's commitment to public service was a theme throughout the evening. Mr. Quinn noted that Pat Larson, former Principal of Foster High School, also had her retirement celebration the same evening. Mr. Quinn also attended Duwamish Alive on October 21, 2017 and commended Brooke Alford for her commitment to environmental stewardship and encouraging the community to participate. Councilmernber Kruller reported Councilmember Duffie's retirement celebration on October 21, 2017 was very successful and showed his impact on the community. Ms. Kruller was also present at Pat Larson's retirement celebration on October 21, 2017. Councilmember McLeod congratulated Councilmember Duffie on his retirement and expressed serving with him has been a tremendous opportunity. Mr. McLeod informed the Council that the Southside Tukwila City Council Committee of the Whole Minutes October 23, 2017 Page 7 of 7 Chamber of Commerce is holding a Celebration of Women in Business on October 25, 2017 and noted several Tukwila businesses will be represented at the event. He also issued a general reminder regarding the Planning Commission's public hearing on Accessory Dwelling Units taking place on October 26, 2017 at 6:30 p.m. Council President Robertson was present at Councilmember Duffie's retirement celebration on October 21, 2017. c. Staff There was no report. d. Council Analyst There was no report. MISCELLANEOUS Councilmember Seal has received reports about campaign signs in the public right of way at the Urban Center. She requested City Administration contact these campaigns to remove signage from right of ways. 8:53 PM. COUNCIL PRESIDENT ROBERTSON DECLARED THE COMMITTEE OF THE WHOLE MEETING ADJOURNED. Dennis Robertson, Council President Youn, Deputy City Clerk APPROVED BY THE COUNCIL PRESIDENT: 11/8/17 AVAILABLE ON THE CITY WEBSITE: 11/9/17 CERTIFICATE REGARDING MINUTES OF CITY COUNCIL MEETING I, CHRISTY O'FLAHERTY, City Clerk of the City of Tukwila, Washington, do hereby certify that the attached is a full, true and correct copy of the minutes of the November 6, 2017 regular meeting of the City Council, which reflect the passage and adoption of Ordinance No. 2553. Dated this 14th day of November, 2017. hristy O'Flaherty, City Cle City of Tukwila, Washington 10076 00004 gj02dd279e Tukwila City Council City Hall Council Chambers MINUTES REGULAR MEETING CALL TO ORDER/PLEDGE OF ALLEGIANCE/ROLL CALL Regular Meeting November 6, 2017 — 7:00 P.M. Mayor Ekberg called the Regular Meeting of the Tukwila City Council to order at 6:59 p.m. and led the audience in the Pledge of Allegiance. ROLL CALL Christy O'Flaherty, City Clerk, called the roll of the Council. Present were Councilmembers Joe Duffle, Dennis Robertson, Verna Seal, Kathy Hougardy, De'Sean Quinn, Kate Kruller, Thomas McLeod. CITY OFFICIALS Allan Ekberg, Mayor; David Cline, City Administrator; Rachel Turpin; City Attorney; Rachel Bianchi, . Communications and Government Relations Manager; Mia Navarro, Community Engagement Manager; Bruce Linton, Police Chief; Jay Wittwer, Fire Chief; Rick Still, Parks and Recreation Director; Derek Speck, Economic Development Administrator; Jack Pace, Community Development Director; Vicky Carlsen, Deputy Finance Director; Laurel Humphrey, Council Analyst; Christy O'Flaherty, Records Governance Manager/City Clerk. PUBLIC COMMENTS Mia Navarro, Community Engagement Manager, said Somali interpretation services are being provided this evening by staff from Dynamic Language Services. Fathia Ismael and Amina Mohamed are available to assist throughout the meeting. She asked that if other interpretation needs are required to let her know. Fathia Ismael, Somali interpreter, provided the above announcement in Somali. Mayor Ekberg emphasized that this is the Public Comments portion of the agenda and is for items that • are not on tonight's agenda. Comments will be accepted for items that are on the agenda when those items come up later in the meeting. He said we will be accepting public comments for up to 5 minutes, and he drew attention to the timekeeping clock that counts down from 5 minutes. When called forward, please state your name and address for the record and speak directly to the City Council. Dave Larson, 5630 South 147th Street, is a member of the Tukwila School Board. He referenced a "Seattle Times" article regarding a teacher in Federal Way engaging her students in civic issues. He emphasized there are a great many examples of the City of Tukwila and the Tukwila School District (TSD) providing opportunities for civic engagement. Some examples include. The TSD sends students to "We Day," a national event in Seattle to celebrate student participation in community events; Foster High School students travel to Olympia each year to visit with state representatives; The City of Tukwila has a Teens for Tukwila program that includes civic activities at the local, state and federal level; The City also sent teens to Washington D.C. with the Mayor and Councilmembers to meet with congressional delegations at the federal level; Foster High School students recently met with Washington State Senator Christine Rolfes. Additionally, both the School District and the City have students participate as representatives on the Board and on City Commissions. Tukwila City Council Regular Meeting Minutes November 6, 2017 Page 2 of 9 CONSENT AGENDA a. Approval of Minutes: 10/16/17 (Regular); 10/23/17 (Special) b. Approval of Vouchers #376189-376313; #170900; #171003-171005 in the amount of $2,831,978.80. c. Authorize the Mayor to sign Amendment No. 2 to contract #14-086 with Public Finance Management (PFM), Inc., for municipal advisor services to extend the term expiration date through December 31, 2020 and increase the not -to -exceed amount to $300,000.00. [Reviewed and forwarded to Consent by the Finance Committee on 10/17/171 d. Authorize the Mayor to sign a Collective Bargaining agreement with the United Steelworkers for Police Non -Commissioned employees for 2017-2018. [Reviewed and forwarded to Consent by the Committee of the Whole on 10/23/17.] e. An ordinance authorizing the issuance and sale of a Limited Tax General Obligation Bond of the City in the principal amount of not to exceed $2,350,000 to refund the City's outstanding Limited Tax General Obligation Bond anticipation note, 2014 (taxable non -revolving line of credit) and to pay the cost of issuing the bond; providing the form of the bond; authorizing the sale of the bond to Cashmere Valley Bank; and providing for other matters relating thereto. ORDINANCE NO. 2553 [Reviewed and forwarded to Consent by the Committee of the Whole on 10/23/17.] f. Authorize the Mayor to sign an agreement with Carollo Engineers for the Water Reservoir and Pump Station Study in the amount of $47,005.00. [Reviewed and forwarded to Consent by the Transportation and Infrastructure Committee on 10/24/17.] g. Authorize the Mayor to sign Supplement No. 3 to contract #15-054 with KPFF Consulting Engineers for the Fort Dent Park BNSF Sewer Relocation -Design Project in the amount of $7,876.20. (Funding to be provided from construction fund.) [Reviewed and forwarded to Consent by the Transportation and Infrastructure Committee on 10/24/17.] MOVED BY DUFFIE, SECONDED BY ROBERTSON THAT THE CONSENT AGENDA BE APPROVED AS SUBMITTED.* Councilmember Quinn said that while he does not have a conflict of interest, he is recusing himself from the vote on the Consent Agenda to ensure the greatest prudence. *MOTION CARRIED 6-0, WITH QUINN RECUSED. UNFINISHED BUSINESS A resolution naming the northeastern ball field at Joseph Foster Memorial Park as "Joe Henry Duffie field". MOVED BY SEAL, SECONDED BY QUINN THAT THE PROPOSED RESOLUTION BE READ IN ITS ENTIRETY. MOTION CARRIED 7-0. Christy O'Flaherty, City Clerk, read the proposed resolution in its entirety. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, NAMING THE NORTHEASTERN BALL FIELD AT JOSEPH FOSTER MEMORIAL PARK AS "JOE HENRY DUFFIE FIELD." MOVED BY ROBERTSON, SECONDED BY QUINN THAT THE PROPOSED RESOLUTION BE ADOPTED AS READ. MOTION CARRIED 7-0, TO ADOPT RESOLUTION NUMBER 1918. NEW BUSINESS An ordinance authorizing and providing for the acquisition of interests in land for the purpose of completing the Public Safety Plan projects, providing for condemnation, appropriation, taking of land and property rights necessary therefor; providing for payment thereof and directing the initiation of appropriate proceedings in the manner provided by law and for said condemnation. NOTICE OF FINAL ACTION Tukwila City Council Regular Meeting Minutes November 6, 2017 Page 3 of 9 Mayor Ekberg explained there are many people here to speak on this issue this evening. Comments on this item will be accepted for 5 minutes and should be addressed to the City Council. If there are questions or if follow-up is needed, staff members are here to address concerns in the lobby. MOVED BY ROBERTSON, SECONDED BY KRULLER THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED 7-0. Christy O'Flaherty, City Clerk, read the proposed ordinance by title only. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AUTHORIZING AND PROVIDING FOR THE ACQUISITION OF INTERESTS IN LAND FOR THE PURPOSE OF COMPLETING THE PUBLIC SAFETY PLAN PROJECTS; PROVIDING FOR CONDEMNATION, APPROPRIATION, TAKING OF LAND AND PROPERTY RIGHTS NECESSARY THEREFOR; PROVIDING FOR PAYMENT THEREOF AND DIRECTING THE INITIATION OF APPROPRIATE PROCEEDINGS IN THE MANNER PROVIDED BY LAW AND FOR SAID CONDEMNATION; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. MOVED BY ROBERTSON, SECONDED BY DUFFIE THAT THE PROPOSED ORDINANCE BE ADOPTED AS READ.* Rachel Bianchi, Communications and Government Relations Manager, utilized a Powerpoint presentation to provide an overview of this issue. The City of Tukwila is implementing the Public Safety Plan, which includes a voter -approved bond to fund the construction of three new fire stations, pay for fire apparatus and equipment for 20 years, and construct a new justice center to house the Tukwila Police Department and Municipal Court. The Plan also includes a new consolidated Public Works facility, to be funded equally from the General and Enterprise funds. A critical step to implementing the Public Safety Plan is acquiring properties needed for these new buildings. Origins of the Public Safety Plan In 2007 the City initiated a seismic study of all of its buildings to better understand how City operations and services would be impacted in the event of a major earthquake. The results of this study led to a three-year comprehensive review of existing and future space needs and development of a series of recommendations that ultimately fed into the Public Safety Plan. The Essential Government Services Facility Plan identified that many City buildings are significantly deficient and constructed in such a way that makes retrofits unfeasible due to cost. The useful life of many of these buildings — Fire Stations 51, 52 and 54, the 6300 building located next to City Hall, and both the Minkler and Long Shops — has ended. The City also spent a multi-year effort investigating the pros and cons of joining a Regional Fire Authority (RFA). A committee of firefighters, community members, Kent RFA representatives, Councilmembers and City staff were involved in the investigation of this potential change. Ultimately, the Council chose not to move forward with joining the RFA — largely because of the overwhelming response of Tukwila community members wanting to keep the Tukwila Fire Department independent. The foundation of both the facilities overview and RFA investigation rested on the City's commitment to public safety and ensuring the seamless provision of these critical services, even after a major seismic event. These two converged into the Public Safety Plan, which was adopted by the Council and ultimately by the voters of Tukwila through the passage of the Public Safety Plan bonds. Siting Process After the passage of the Public Safety Plan, the City created a Public Safety Plan Siting Advisory Committee (SAC) to provide oversight and advice on the siting of the five facilities included in the Plan, as well as community outreach activities and efficacy. The SAC is comprised of four community members, two Councilmembers and the Public Works Director. It has met on a monthly basis and has been very involved in the siting process, including providing a recommendation to the City Council on final sites. Tukwila City Council Regular Meeting Minutes November 6, 2017 Page 4 of 9 Early in 2017 the City initiated a fire response times study to determine the best locations for fire stations 52 and 54. The new site for Fire Station 51 (South 180'h and Southcenter Parkway) was previously identified during the Segale development agreement process. It is critical that fire stations are located strategically throughout the City to ensure equitable response times across the City. FACETS, the firm hired by the City to perform the study, reviewed a variety of factors from travel times to natural barriers such as the river to areas with high numbers of historical 911 calls to determine the best location for each fire station. The sites included for acquisition are in those areas identified by FACETS as the best locations for 52 and 54. The City developed a set of siting criteria for each facility. These criteria were shared with the community at a March 2017 Open House and updated through feedback heard at that event prior to being adopted by the Council. The City then identified a long list of potential properties for each building. Potential properties that did not meet key criteria on the list — such as size, site access, core operational requirements, and access to transit — were immediately removed from the list, creating a smaller list. Each of the properties on the smaller list was then scored based on the siting criteria. In August 2017, the City hosted an additional open house, which allowed attendees to meet the architects for the fire stations and justice center, review a map that detailed potential zones for the various buildings, and provide feedback on the potential areas for these new buildings. This open house was very well attended, with an excess of 150 people visiting during the evening event. The City has used a variety of communication vehicles to ensure that community members are aware of the ongoing issues associated with the Public Safety Plan, including: Tukwila Reporter, Social Media, E -Hazelnut, Open House events, TukwilaWA.gov/Public Safety Plan, City Council presentations, Online Open Houses, Community meetings, the Community Connectors Program, and Postcards. On Monday, October 16, 2017, the City Council was presented with the recommendation of the Public Safety Plan Siting Advisory Committee, which was to acquire the following assemblages generally for the new facilities: • Fire Station 54 — Northeast corner of 42m Ave. South and South 1401h Street. • Justice Center — Properties between Tukwila International Boulevard and Military Road near South 150'h Street. • Public Works Facility — Three properties between the Duwamish River, Tukwila International Boulevard, South 112'h Street and East Marginal Way. Additionally, the Committee recommended that the City leverage its existing City Hall campus property and site Fire Station 52 on the existing north parking lot. The Council passed a motion that night directing staff to return with an ordinance to acquire the properties listed above. Property Acquisition State law authorizes condemnations by a city for public buildings, amongst other reasons, within the limits of the City. Washington law requires that the local government requiring appropriation of the property pay just compensation. While it is the City's intent to negotiate in good faith with property owners toward a final and voluntary transaction, it is possible that it may encounter property owners unwilling to sell. Additionally, by adopting legal condemnation authority, property owners are eligible for specific benefits not available to sellers not under the threat of condemnation. Therefore, staff is requesting condemnation authority for all of the properties identified for the Public Safety Plan that are not already owned by the City of Tukwila. Property owners were notified of this potential action via a letter sent on October 16, 2017. Additionally, formal legal notification occurred via certified mail on October 19, 2017. Potentially affected businesses were notified in person and via letter as well. The City also published notice of the potential action in the newspaper on October 23 and October 30, 2017. Should the Council authorize condemnation authority at the Regular Meeting on November 6, 2017, staff will continue to negotiate with property owners with the goal of reaching agreement on purchasing properties. If the parties are unable to reach such an agreement, the City will file petitions with the court in December 2017, as necessary. Tukwila City Council Regular Meeting Minutes November 6, 2017 Page 5 of 9 No additional action will be required by the Council with regard to property acquisition except the authorization to execute purchase and sale agreements. Mayor Ekberg called for public comments on this issue. Charles Chai, 15015 International Boulevard, introduced his spouse, Sook Choi, who runs the Riverton Heights Grocery store. She has been running the business for 9 years, and it has been there for 80 years. She has a good relationship with her clientele, which is comprised of people from many ethnicities, and she performs charitable work in the community. He relayed that location is very important for businesses, and he feels it is ludicrous to put the Fire Department in this location. She paid $410,000 nine years ago for the business and should receive that amount in this process. Melissa Wells, 11234 Tukwila International Boulevard, has a small business at 112th and Tukwila International Blvd., but does not own the property. She inquired about what happens to the business owners if they are unable to move to a new location. Yongsin Kang, 15029 Tukwila International Boulevard, manages the property at this location. He has been a resident for the past 30 years and is surprised about the choice of location. There is such a great international community in this area that the City should be proud of. From his perspective, there are other locations that should be considered. Will Gillispie, 4116 South 131st Street, is a member of the Public Safety Plan Siting Advisory Committee. They have been meeting since May to consider locations for the needed facilities. The decisions were difficult, and a great deal. of consideration was given to the businesses that would be affected by the decision. The Public Safety facilities have to be placed somewhere, and the Committee had to think about response times, crime rates, and the most positive outcomes for the future of the community. The Committee felt strongly that these are the correct locations for the facilities. Tawfik Maudah lives at 3210 South 176th Street in SeaTac and has owned and operated Bayview Motor Club LLC at 15001 Tukwila International Boulevard since 2013 and employs 10 people. He was surprised about the location choice and the lack of notification about this project until last week. This has created fear among those involved. While they support safety and new facilities, they would like the location to be reconsidered. He has just start reaping the benefits of his business, and this will cause hardships for many in the area. They would like more time as they have not been involved in this up until last week. If the location will not be reconsidered, then the businesses should be relocated as a group to a new site. The businesses involved benefit from being together. Abdullahi Jama, 19473 115th Place SE, is from One America, an immigrant rights organization. He is here on behalf of the Somali community. This is his community even though he does not live here. Some of the businesses in this area have been there for 20 years and are positive contributors to the community. Their families and community will suffer based on this situation, and the City will lose revenue. They would like the City to consider the best place for these businesses to relocate. He expressed concern that the 16 businesses were not notified or a part of the process. They request that this plan be revisited and a solution found that is suitable to this community. Abdi Adan, 428 SW 112th Place, Seattle, said their grocery store has been open since 2009. Their inventory is 97% food, with no alcohol and no cigarettes. Approximately 1,000 people visit their store every month to buy local products that are vital to this community. They employee 5-6 people, and when people come here from Africa, they can be trained in the store to gain future employment. Expecting the businesses to move deprives them of opportunities to thrive and victimizes them without a plan for relocation. Fowzi Mohamed, 15035 Tukwila International Boulevard, is the owner and manager of Marwa Restaurant, which opened in 1998. He expressed concern that the 16 business owners were not consulted about this situation. Moving the businesses will affect the families involved and the community. It is costly to move a business, and he is requesting the Council reconsider the decision and seek the consent of the business owners. Tukwila City Council Regular Meeting Minutes November 6, 2017 Page 6 of 9 Simon Castle, 11210 Tukwila International Boulevard, is the manager of the George Heiser Body Company. This company was established in 1939, and this will be the 3rd time this has happened to them. The last occurrence was 15 years ago when Sound Transit took their property in Seattle. They have 4 acres, employ 50 people, and are the largest repair and paint facility of commercial trucks, trailers and buses in the northwest. They have contracts with the City of Seattle, King County and Boeing, and approximately 5,500 customers for which relocation would be an economic burden to both their customers and to the business itself. They received this notice a week ago, with no idea this was coming. They have a year to relocate and feel finding another piece of property is impossible. Moving their 3 large paint booths would cost close to $1 million. He is asking the Council to give thought to this decision and the burdens it will create. Abdulhakim Hashi, 9456 13th Ave SW, Seattle, said his business has been at 15211 International Boulevard for the last 20 years. He received an announcement on November 2 that was dated October 31 that the area will be taken for the justice project. He is unclear as to what kind of criteria was used to make the decision. He feels there is other land in Tukwila that could be used for this project. He expressed concern that the business owners were not involved in the decision. He is asking the Council to delay action tonight and involve all concerned stakeholders in this important matter. Abdidahir Sugulle, 3020 South 154th Avenue, SeaTac, said he has managed the Have a Nice Day Jewelry store for 10 years, and he employs 4 people including himself. This is how they support their families and serve the Somali, east African, and middle eastern communities. If they have to move from this area, he does not know how they will end up. Creating a new business elsewhere is a great hardship. He is asking that the plan be reconsidered with a focus on the consequences for so many affected people. Abdirizaq Sheikomar, 14828 Military Road South, said he owns the business at 15001 Tukwila International Boulevard. He started the business in 2012, and it took 5 years to develop a customer base. He said they received this letter on October 31 and since the decision was made on October 16, the businesses should have been notified earlier. They are hoping the City can find a different location and leave the businesses in place. While the property owners will receive payment, the business owners will not receive financial compensation. Pam Carter, 4115 South 139th Street, expressed disappointment at receiving a postcard that was postmarked last Monday for potential action to be taken tonight. The community deserved more time on this. She reviews agenda materials regularly and has seen nothing regarding the location of the Public Safety Plan facilities. She is not aware of the reasons why the locations were chosen, and there is no where to go to acquire information. This information was very unexpected, and the process was disrespectful to the citizens. Ron Lamb, 4251 South 139th Street, relayed that he lives near the proposed site for Fire Station 54. He did not know anything about this until receiving a postcard last week. He has many questions, and there has not been enough time to gather information. This process feels rushed, and he would like to see more time provided to the community. Jerry Thornton, 3219 South 142nd Place, is a member of the Public Safety Plan Siting Advisory Committee. Events were held at a number of venues to demonstrate what was occurring, with opportunities to understand or be advised of the plan and process. Some were displayed and discussed in the overview tonight. The committee was careful to ensure the locations were based on the established criteria. He is in support of the proposed action this evening and hopes the Council will approve the recommendation. Kathleen Wilson, 4803 South 162nd Street, is a member of the Public Safety Plan Siting Advisory Committee. She relayed that the committee used criteria in their deliberations, and no decisions or recommendations were taken lightly. There were many needs and preferences from citizens, and the process was thorough. With the options provided, they made a recommendation that met the majority of the criteria. Tukwila City Council Regular Meeting Minutes November 6, 2017 Page 7 of 9 Tod Bookless, 16218 46th Avenue South, is a member of the Public Safety Plan Siting Advisory Committee and has lived here for 16 years. He explained that the City commissioned a professional study (FACETS) that included over 200 maps of potential locations for fire stations. Criteria was based on historic response times and population centers, with a goal of 4 -minute response times to the community. Additionally, a professional real estate analyst looked at the locations for each station to assess geographic or environmental concerns. There were open house events, community feedback reflecting location preference, and consideration of the needs of the Fire Department. As the list got smaller, there were 2 to 3 locations for each site for which the criteria could then be applied. They ruled out locations that would displace residents such as apartment complexes. He became involved on the Committee based on an article in "The Hazelnut" that asked for public participation. All of the Public Safety Plan Siting Advisory Committee meetings were public with documentation posted on the City website. Nasir Tura, 15029 Tukwila International Boulevard. said he is a business tenant at this location. He said that most of the immigrant community here were displaced from their native lands and came here for a sense of belonging that will now be lost. He expressed concern that none of the businesses were aware of this and it seemed disrespectful. There will be many hardships associated with this, and he hopes the Council will do the best for this community. Gail Reed, 4204 South 1391h Street, has lived in Tukwila for a very long time and was unaware of the location of 42nd and 139th for the Fire Station. While she has now heard about open houses and information, she is unaware of how that information was disbursed. From her perspective, no one wants a fire station close by due to the noise. She would like the City to find a better location and consider land closer to the new library. Ali Abdulla, 6419 29th Avenue SW, Seattle, said this is not just about business owners, but the whole community. He has great concern about his mom, aunt and sister-in-law who do not drive but are able to walk to get groceries here in Tukwila. He is fearful for them if they are relocated as they would have to take buses and could get lost. The businesses in this area support the Somali immigrant community for which there are hundreds of thousands of people. He grew up here and does not want his community to be torn apart; this is serious; it is not a joke. They are contributors to the community and this is where their families live, work and play. The businesses also offer employment to youth, which keeps them out of jail. He asked the Council to have "their backs." Quanh Nguyen, 15019 Tukwila International Boulevard, owns a nail salon that has been there for 10 years. While they have owned the business for 2 years, they understand the basis for wanting to have the Justice Center in this area. They just heard about this from the property owner last week. He is asking the Council to provide more time before making a decision. Mehdi Jumale, 15045 International Boulevard, said his family started the business in 1999. He was raised here and went to Foster High School. The businesses in the area have made many sacrifices and have contributed to the community. They provide unique products that are not easily available. He said his 2 brothers will now share their opinions on this matter. Garad Haji, 15045 International Boulevard, relayed that the Justice Center location is where their business is currently located. This is a center for African immigrants, as well as a business hub. It caught them off guard that the City would want to take away businesses from a particular group. The products provided are imported and would not be found in Safeway or Walgreens, and customers come from as far north as Seattle and from Tacoma. This disproportionately affects their community and is then ironically named a "justice center," as it takes away from their economic opportunities. He feels this is a grave injustice. Mohamed Sharif, 15045 International Boulevard, said his brothers and sister have all worked hard to get here. He asked the Council to consider the short notice that has been talked about many times tonight. They have come here from the war-torn nation of Somalia. We came to one of the greatest nations in the world and made Tukwila our home. Now we must find new places to live and work and serve our community. From his standpoint, this is a horrible idea and has to be stopped. He asked the Council to stop this tonight. Tukwila City Council Regular Meeting Minutes November 6, 2017 Page 8 of 9 Mohamed Ashoux, 22810 30th Avenue, Des Moines, said he has one of the business that will be destroyed. He is surprised by this decision, and there are other places that can be chosen. While he wants a Justice Center, he asked the Council to choose a different location. The Councilmembers asked clarifying questions of staff regarding this issue with responses as follows: • Outreach to the public regarding the Public Safety Plan and the Public Safety Plan Siting Advisory Committee involved use of the Tukwila Reporter, Social Media, E -Hazelnut, Hazelnut Newsletter, Open House events, the City website at TukwilaWa.gov/Public Safety Plan, City Council presentations, Online Open House events, Community meetings, the Community Connectors Program, and Postcards. • By law, the property owners had to be served with certified mail on this issue. • While business notification is not required bylaw, City staff did send mailings and hand delivered letters to business owners. The role of the City's Economic Development staff is to prepare a plan for business assistance, which will be brought to the Public Safety Committee. The City has a relationship with the Small Business Development Center at Highline Community College that will be a resource. There may be opportunities for business relocation to the Tukwila Village site. • The process for recruiting for the Public Safety Plan Siting Advisory Committee involved extensive outreach for 4-6 weeks in March, however, it was extended for 4 weeks to get a good representation from the community. The composition of the 7 -member committee included 2 Councilmembers, the Public Works Director, 3 residents, and 1 business representative. There were approximately 6 meetings that were open to the public, and the agendas were put in the Laserfiche system on the City website. • The Public Safety Bond Financial Oversight Committee recruitment involved posting on the City website, and Councilmembers reaching out to their networks. Councilmember Seal announced it at 4-5 Council meetings in a row. • The criteria for siting of the Justice Center, Fire Stations, and Public Works Shops involved avoiding displacing people living in residential housing. For the fire station locations, the FACETS study was a guide. The commitment was made to adopt data -driven criteria to ensure an equitable response time throughout the community. The Fire Station 54 location choice had the best response time. The Public Works proposed site is the size needed for the City shops and has good access from Tukwila International Boulevard, East Marginal Way, and 112th Avenue South. In terms of the Justice Center site, it is essential for the Police staff to be able to get on and off arterials quickly to respond to incidents in the community. • As part of the Public Safety Bond process, the City spent 3 years going out to the public with open house events and public meetings to look at City facilities. Outreach to the public is part of the City's standard process for large initiatives. • City staff will come back with a timeline for next steps as it relates to the affected properties and businesses. The Councilmembers provided the following comments regarding this issue: • The Council cares about the property and business owners affected by this situation and take seriously the comments offered this evening. A decision tonight does not mean something happens tomorrow. It is imperative that the City work with those affected to provide a softer landing and provide available resources with ongoing communication. The Business Development Center is free and is another tool to help the affected businesses. • Any site selections for the new facilities would likely meet with opposition from someone. • An email was referenced from citizens who expressed excitement at the location chosen for Fire Station 54 and look forward to living nearby. • The Public Safety Plan process has been both transparent and difficult at times. The complexity of the community creates communication challenges, and the City will strive to keep improving. • An opportunity exists for those affected by this issue to become more directly involved in City business. • The current City facilities are 30 years old and are not seismically sound. The building most likely to go down first in an earthquake is Fire Station 51. When the City went before the voters with a Public Safety Bond, it came with a commitment to build new facilities. The decisions about where to put the facilities were data driven and based on response times that save the lives of our citizens. The costs are going up every day, and the City must move forward with the Public Safety Plan projects. Fiscal responsibility is a core function of the City Council. Tukwila City Council Regular Meeting Minutes November 6, 2017 Page 9 of 9 *MOTION CARRIED 7-0, TO ADOPT ORDINANCE NUMBER 2554. REPORTS Due to the lateness of the hour, the Council dispensed with reports. MISCELLANEOUS Mayor Ekberg extended a reminder about the Veterans Day event at the Tukwila Community Center on Thursday, November 9, 2017 at 10:00 a.m. ADJOURNMENT 9:34 p.m. MOVED BY DUFFIE, SECONDED BY HOUGARDY TO ADJOURN THE REGULAR MEETING OF THE TUKWILA CITY COUNCIL. MOTION CARRIED 7-0. Allan Ekberg, Mayor Christy O'Flaherty, Records Governance Mana er/City Clerk APPROVED BY THE CITY COUNCIL: 11/20/17 AVAILABLE ON CITY WEBSITE: 11/21/17 City of Tukwila, Finance Dana Almberg 6200 Southcenter Blvd Tukwila, WA 98188 Re: Advertiser Account # 107510 Ad #: 774030 STATE OF WASHINGTON Counties of King and Snohomish $cattte i Imes Agency Account #: 0 Agency Name: Affidavit of Publication The undersigned, on oath states that he/she is an authorized representative of The Seattle Times Company, publisher of The Seattle Times of general circulation published daily in King and Snohomish Counties, State of Washington. The Seattle Times has been approved as a legal newspaper by others of the Superior Court of King and Snohomish Counties. The notice, in the exact form annexed, was published in the regular and entire issue of said paper or papers and distrib- uted to its subscribers during all of the said period. Newspaper and Publication Date(s) Seattle Times 11/09/17 Agent Gerald Patriarca Signature -a AU8 Nor S_gnature) Notary Public in a �te4 E p` ottr �`; F-Fpg, Subscribed and sworn to before me on NOV 0 9 2t)1? DATE /I7 4c/ iti 679A) n�Fbrthe State of Washington, residing at Seattle Re: Advertiser Account # 107510 Agency Account #: 0 AD TEXT e Scaflte rtmes CITY OF TUKWILA PUBLIC NOTICE OF ORDINANCE ADOPTION FOR ORDINANCES 2553-2554. On November 6, 2017 the City Council of the City of Tukwila, Washington, adopted the following ordinances, the main points of which are summarized by title as fol- lows: Ord,e 2553: AN ORDINANCE OF Y COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AUTHORIZ- ING THE ISSUANCE AND SALE OF A LIMITED TAX GENERAL OBLIGATION BOND OF THE CITY IN THE PRINCI- PAL AMOUNT OF NOT TO EXCEED $2,350,000 TO REFUND THE CITY'S OUTSTANDING LIMITED TAX GEN- ERAL OBLIGATION BOND ANTICIPA- TION NOTE, 2014 (TAXABLE NON - REVOLVING LINE OF CREDIT) AND TO PAY THE COST OF ISSUING THE BOND; PROVIDING THE FORM OF THE BOND; AUTHORIZING THE SALE OF THE BOND TO CASHMERE VALLEY BANK; AND PROVIDING FOR OTHER MATTERS RELATING THERETO; PRO- VIDING FOR SEVERABILITY; AND ES- TABLIISHH`eIINGSSAg4N EFFECTIVE DATE. 99 TH EnCITY 2COONCIL OFRTDHEACITY OF TUKWILA, WASHINGTON, AUTHORIZ- ING AND PROVIDING FOR THE ACQUI- SITION OF INTERESTS IN LAND FOR THE PURPOSE OF COMPLETING THE PUBLIC SAFETY PLAN PROJECTS; PROVIDING FOR CONDEMNATION, APPROPRIATION, TAKING OF LAND AND PROPERTY RIGHTS NECESSARY THEREFOR; PROVIDING FOR PAY- MENT THEREOF AND DIRECTING THE INITIATION OF APPROPRIATE PROCEEDINGS IN THE MANNER PRO- VIDED BY LAW AND FOR SAID CON- DEMNATION; PROVIDING FOR SEV- ERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. The full text of this ordinance will be pro- vided upon request. Christy O'Flaherty, MMC, City Clerk Published Seattle Times: November 9, 2017 Ad #: 774030 Agency Name: pfm Request for Financing Proposals City of Tukwila, Washington Limited Tax General Obligation Bond, 2017 (Taxable) September 7, 2017 The City of Tukwila, Washington (the "City") is requesting proposals for a taxable Limited Tax General Obligation ("LTGO") Bond (the "Bond") in accordance with the Proposed Financing Terms set forth below. The Bond is being issued to prepay the City's Limited Tax General Obligation Bond Anticipation Note, 2014 (Taxable) outstanding in the amount of $2,250,000. The 2014 Note provided funding for acquisition of certain property located on Tukwila International Boulevard for the purpose of redevelopment. Interest on the Bond is expected to be subject to federal income tax. The lender will be provided with an opinion from the City's bond counsel, Pacifica Law Group LLP, relating to the City's authority to issue the Bond and enforceability of the Bond. The Bond will not be rated and the City will not seek a rating on the Bond; however, the City's outstanding LTGO bonds carry a rating of "AA" from S&P Global Ratings. By providing a proposal (a "Proposal"), each lender is agreeing to the Proposed Financing Terms set forth below, and is acknowledging the Schedule of Events set forth below. Each Proposal must state an interest rate to be offered, which will not be subject to adjustment by the lender. Schedule of Events The following sets forth the expected time schedule for events relating to the Bond: 9/7 ■ Request for Financial Proposals distributed 9/25 ■ Proposals due electronically — 3:00 p.m. Pacific Time 9/29 ■ Review of and acceptance of winning Proposal by the City 10/4 ■ Draft Bond Ordinance distributed 10/6 • Comments on Bond Ordinance provided to Bond Counsel 10/9 • Final Bond Ordinance distributed for sign -off 11/6 • Bond Ordinance Approved by City Council 11/8 • Closing documents distributed for signature 11/14* • Closing Date — Funding and Redemption of 2014 Note * Or such other date as mutually agreed to by the lender and City. pfm Proposed Financing Terms Request for Financing Proposals City of Tukwila, Washington Limited Tax General Obligation Bond, 2017 (Taxable) Page 3 of 3 Amount: Approximately $2,350,000. Tax Status: Taxable. Interest on the Bond is not intended to be excluded from gross income for federal income tax purposes. Term: The City invites potential lenders to provide 3, 4, and 5 year term options. Principal: Principal of the Bond will be payable in full on December 1, 2020; December 1, 2021; or December 1, 2022, depending on the term (3, 4, or 5 years) agreed on between the selected lender and the City. Interest: The City will accept Proposals contemplating either fixed and/or variable interest rates, and will consider interest payments on a monthly, quarterly, or semiannual basis. Prepayment: The City prefers flexible prepayment options. Purpose: Proceeds of the Bond will be used to prepay the City's Limited Tax General Obligation Bond Anticipation Note, 2014 and to pay costs of issuance for the Bond. Proceeds of the 2014 Note were originally used to acquire certain property located on Tukwila International Boulevard (TIB) for the purpose of redevelopment. As part of its redevelopment plan, the City demolished the improvements and has offered the vacant land for sale. The City anticipates selling the TIB properties to interested private developers, and estimates it may take three to five years to sell the property. If and when the property is sold, the City expects to use such proceeds to redeem all or a portion of the Bond, if and to the extent such proceeds are available for and allocated to such purpose. The Bond is a limited tax general obligation of the City as described under "Security," and will not be secured by any proceeds of the sale of such property. Security: The Bond will be issued as a limited tax general obligation of the City. The City will irrevocably covenant and agree in the Bond Ordinance that 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 Bond as the same becomes due. The City will irrevocably pledge that such tax will be within and as a part of the tax permitted to cities without a vote of the people. The full faith, credit and resources of the City will be pledged irrevocably for the annual levy and collection of such taxes and for the prompt payment of such principal and interest. Bond owners will not have a security interest in particular revenues or assets of the City. The City's ability to raise taxes is subject to certain limitations. The Bond will not constitute a debt or indebtedness of the State of Washington, or any political subdivision thereof other than the City. Purchase Price: 100% pfm Method of Sale: Request for Financing Proposals City of Tukwila, Washington Limited Tax General Obligation Bond, 2017 (Taxable) Page 3 of 3 The Bond will be sold in a private placement to institutional investors who are accredited investors (accredited investors constitute investors who qualify as accredited investors under paragraph 1, 2, 3, or 7 of Rule 501(a) of the Securities Act of 1933 (the "Act")). The Bond will not be registered with the Securities and Exchange Commission or any other regulatory body. Accordingly, the Bond will not be transferable unless a subsequent transfer is exempt from the registration requirements under the Act and as provided in the form of purchaser certificate. Investors should consult with their counsel as to the applicable requirements for an investor to avail itself of any exemption under the Act. Purchaser Certificate: The selected lender will be expected to sign a certificate in the form satisfactory to Bond Counsel to the City, a form of which is attached as Exhibit B. Financial and Other Information Audited financial statements for the City for the years 2012 through 2016 are available at: 2016: http://www.tukwilawa.gov/wp-content/uploads/Fin-Current-CAFR.pdf 2015: http://www.tukwilawa.gov/wp-content/uploads/Fin-CAFR_2015.pdf 2014: http://www.tukwilawa.gov/wp-content/uploads/Fin-CAFR_2014.pdf 2013: http://www.tukwilawa.gov/wp-content/uploads/Fin-CAFR_2013.pdf 2012: http://www.tukwilawa.gov/wp-content/uploads/Fin-CAFR_2012.pdf The City's 2017-2018 Biennial Budget is included in the cover email to this RFP. The City's Assessed Value for the tax years 2013 through 2017, and top 10 taxpayers for 2017 are shown in Exhibit A. Proposals If your firm is interested in providing a Proposal to the City, please include the requested information to be submitted by the date shown in the Schedule of Events. Proposals received after the deadline will not be accepted. Proposals should clearly state: the proposed term or terms (3, 4, and/or 5 years); proposed interest rate or rates; other fees and costs charged by lender (if any), including but not limited to lender's counsel fees; prepayment terms; conditions (if any); and concurrence with the Schedule of Events set forth above. The City reserves the right to seek clarification or negotiate modifications with one or more proposing firms, if needed to meet the City's needs. The City also reserves the right, in its sole discretion, to reject all proposals or to waive any nonconforming provisions of a Proposal. pfm Request for Financing Proposals City of Tukwila, Washington Limited Tax General Obligation Bond, 2017 (Taxable) Page 3 of 3 All Proposals will be considered firm proposals, and may not be changed from the date and time of submission through the date of closing as set forth in the schedule above unless otherwise agreed to by the City. Proposals are to be submitted by e-mail to the City's financial advisor, PFM Financial Advisors LLC, as follows: Duncan Brown (brownd@pfm.com or (206) 858-5367) and Alex Injev (injeva@pfm.com or (213) 415-1640), with copies to the City's Finance Director, Peggy McCarthy (peggy.mccarthy@tukwilawa.gov) and Assistant Finance Director, Vicky Carlsen (vicky.carlsen@tukwilawa.gov). Please contact PFM with any questions or if you require additional information. pfm Request for Financing Proposals City of Tukwila, Washington Limited Tax General Obligation Bond, 2017 (Taxable) Exhibit A Exhibit A Assessed Valuation 2013-2017 Tax Year Assessed Valuation 2017 2016 2015 2014 2013 $5,763,649,829 5,395,325,118 5,054,078,747 4,756,373,688 4,649,191,308 Source: King County Department of Assessments Top Ten Taxpayers by Assessed Valuation 2017 Taxpayer Boeing Westfield Shopping Center Segale Properties Sabey Corporation KIR Tukwila 050 LLC/KIMCO Gateway North Buildings (Eproperty Tax Inc. Dept. 207) LIT Industrial Ltd. Partnership CenturyLink Communications International Gateway East CPF Kent Valley LLC Source: King County Department of Assessments Total Assessed Valuation $482,031,129 306,693,888 114,654,362 103, 743, 927 89,180,000 85,477,600 84,820,900 60,820,553 59,218,716 49,242, 900 pfm City of Tukwila Tukwila, Washington Request for Financing Proposals City of Tukwila, Washington Limited Tax General Obligation Bond, Series 2017 (Taxable) Exhibit B Exhibit B - Form of Purchaser Letter [Purchaser's Letterhead] , 2017 RE: City of Tukwila, Washington, Limited Tax General Obligation Bond, 2017 (the "Bond") Ladies and Gentlemen: The undersigned hereby represents (the "Purchaser"), hereby acknowledges receipt of the above -referenced Bond dated , 2017, originally issued in the principal amount of $ . The undersigned acknowledges that the Bond was issued pursuant to Ordinance No. of the City of Tukwila, Washington (the "City") passed by the City Council on , 2017 (the "Bond Ordinance"). Proceeds of the Bond will be used to prepay the City's Limited Tax General Obligation Bond Anticipation Note, 2014, and to pay costs of issuance for the Bond. Capitalized terms used in this letter have the meanings given such terms in the Bond Ordinance. In connection with the acquisition of the Bond by the Purchaser, the Purchaser hereby makes the following representations upon which you may rely: 1. The Purchaser is [an institutional investor who is an accredited investor (as defined under paragraph 1, 2, 3, or 7 of Rule 501(a) of the Securities Act of 1933 (the "Act")]. 2. The Purchaser has sufficient knowledge and experience in financial and business matters, including purchase and ownership of governmental obligations, to be able to evaluate the risks and merits of the loan represented by its purchase of the Bond, and its net worth and available assets are such that it is able to bear the economic risk of its purchase of the Bond. The Purchaser is able to bear the economic risk of the investment represented by its purchase of the Bond. 3. The Purchaser understands that the Bond is a limited tax general obligation of the City. Pursuant to the Bond Ordinance the City has irrevocably covenanted and agreed 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 the Bond as the same shall become due. The full faith, credit and resources of the City have been irrevocably pledged for the annual levy and collection of such taxes and the prompt payment of such principal and interest. The Purchaser acknowledges that no property, debt service reserves, credit enhancement, or other security has been pledged to the payment of principal of and interest on the Bond. The Purchaser acknowledges that it does not have a security interest in particular revenues or assets of the City. 4. The Purchaser understands that no official statement, prospectus, offering circular or other offering statement containing material information with respect to the City or the Bond is being issued, that the Bond is unrated, and that, with due diligence, it has made its own inquiry and analysis with respect to the City, the Bond and the security therefor, and other material factors affecting the security for and payment of the Bond, and is relying solely on such inquiry and analysis in its purchase of the Bond. pfm Request for Financing Proposals City of Tukwila, Washington Limited Tax General Obligation Bond, Series 2017 (Taxable) Exhibit B 5. The Purchaser acknowledges that it has either been supplied with or been given access to information, including financial statements and other financial information, to which a reasonable investor would attach significance in making investment decisions, and the Purchaser has had the opportunity to ask questions and receive answers from knowledgeable individuals and organizations concerning the City, the use of proceeds of the Bond and the Bond and the security therefor so that, as a reasonable investor, the Purchaser has been able to make its decision to purchase the Bond. 6. The Purchaser acknowledges that it is purchasing the Bond for investment for its own account and not with a present view toward resale or the distribution thereof, in that it does not now intend to resell or otherwise dispose of all or any part of its interests in the Bond. The Purchaser acknowledges that the Bond shall not be transferable without the consent of the City unless (a) the Purchaser's corporate name is changed and the transfer is necessary to reflect such change; (b) the transferee is a successor in interest of the Purchaser by means of a corporate merger, an exchange of stock, or a sale of assets; or (c) the transferee is an institutional investor who is an accredited investor (as defined under paragraph 1, 2, 3, or 7 of Rule 501(a) of the Act, and such transferee executes a purchaser's letter substantially similar to this letter. The Purchaser also acknowledges that any transfer of the Bond which fails to comply with this provision and the transfer limitations on the Bond contained in the Bond Ordinance shall be null and void. 7. The Purchaser understands that the Bond is an exempted security under the Act and that registration is not legally required as of the date hereof; and further understands that the Bond (a) is not being registered or otherwise qualified for sale under the "Blue Sky" laws and regulations of any state, (b) will not be listed in any stock or other securities exchange, (c) will not carry a rating from any rating agency and (d) will be issued only in one denomination of $ , which may not be readily marketable. 8. The Purchaser has had the opportunity to consult with and be advised by legal counsel as to the significance of this letter and it has satisfied itself that the Bond is a lawful investment for it under all applicable laws. Very truly yours, [NAME OF PURCHASER] By: Name Printed: Its: City of Tukwila Limited Tax General Obligation Bond, 2017 (Taxable) Term Sheet (Subject to Bank underwriting and credit approval) September 25, 2017 1. Issuer: City of Tukwila, King County Washington (the "City") 2. Amount: $2,350,000 3. Form: Registered Limited Tax General Obligation Bond, 2017 (Taxable) (the "Bond") issued by the City and purchased by Cashmere Valley Bank at private sale. 4. Purpose: Proceeds would be used to refund the City's LTGO Bond Anticipation Note, 2014 (Taxable) which was used to acquire certain improved property on Tukwila International Boulevard for the purpose of redevelopment, and to pay certain costs of Bond issuance. 5. Bond Terms: a) Interest Rate and Terms: The Bond would be structured as a taxable non -amortizing bond with a final maturity of either 3, 4 or 5 years. The rate of interest for the first 3 years would be 2.6%. The rate of interest for year 4 would be 2.8%, and for year 5, 3.0%. Interest would be computed on the basis of a 360 - day year consisting of twelve 30 -day months. The Bond would be dated the Date of Delivery and would bear interest from its date. The City may choose if interest is paid monthly, quarterly or semi-annually. b) Transferability Cashmere Valley Bank would hold the Bond with no intent to sell or transfer. The Bond may be transferred only in whole to a qualified investor. City of Tukwila Limited Tax General Obligation Bond 2017 (Taxable) Page 2 c) Security The Bond would be a limited tax general obligation supported by the full faith and credit of the City. 6. Prepayment: The outstanding principal amount of the Bond may be prepaid in whole or in part at any time prior to the Maturity Date at par plus accrued interest to the date of prepayment. The City would provide the Bank with written notice of any intended prepayment at least 15 days prior to such prepayment date. 7. Fees: The Bank would not charge any fees for the Bond, and does not expect any legal costs. 8. Additional Terms: The Bond documents would be in the standard forms customarily required by the Bank for municipal funding and would include additional terms and conditions not discussed above. The City would provide its annual financial report to the Bank during the period the Bond is outstanding and held by the Bank. At the date of closing the Bond, the financial condition and credit of the City and all other features of this transaction would be as represented to the Bank without material adverse change. Please note that this term sheet is for discussion purposes only and does not represent a commitment on the part of the Bank to lend funds. The Bank agrees to the proposed schedule of events presented in the Request for Proposals. ORAL AGREEMENTS OR ORAL COMMITMENTS TO LOAN MONEY, EXTEND CREDIT, OR TO FORBEAR FROM ENFORCING REPAYMENT OF A DEBT ARE NOT ENFORCEABLE UNDER WASHINGTON LAW. Qa wult-Mig November 13, 2017 Honorable Mayor and City Council City of Tukwila, Washington 6200 Southcenter Blvd. Tukwila, WA 98188 Honorable Mayor and City Council: Thank you for the opportunity to propose an offer to purchase the City of Tukwila, Washington's Limited Tax General Obligation Bond, 2017 (Taxable) (the "Bond"). Cashmere Valley Bank (the "Bank") has approved the borrowing outlined in this commitment letter under the following terms: 1. Borrower: City of Tukwila, Washington (the "City") 2. Amount: $2,276,000 3. Form: Fully registered, limited tax general obligation bond issued by the City and purchased by the Bank at private sale. 4. Purpose: 5. Bond Terms: The proceeds of the Bond will be used to refund the City's Limited Tax General Obligation Bond Anticipation Note, 2014 (Taxable Non - Revolving Line of Credit), and to pay costs of issuance for the Bond. a) Interest Rate: Interest on the Bond will be computed on the basis of a 360 - day year consisting of twelve 30 -day months. The rate of interest from the date of issuance to (but not including) the First Interest Rate Adjustment Date will be a fixed rate of interest of 2.6% per annum. The rate of interest from the First Interest Rate Adjustment Date to (but not including) the Second Interest Rate Adjustment Date will be a fixed rate of interest of 2.8% per annum, and the rate of interest from the Second Interest Rate Adjustment Date to the final date of maturity stated in the Bond, which shall be approximately five years from the date of issuance of the Bond (the "Maturity Date"), will be a fixed rate of interest of 3.0% per annum. 1400 112th Avenue SE, Suite 100 • Bellevue, Washington 98004-6997 • (425) 688-3935 • Toll Free 1 (866) 252-2265 • Fax (425) 688-3937 b) Terms: c) Security: City of Tukwila, Washington LTGO Bond, 2017 (Taxable) Page 2 First Interest Rate Adjustment Date: December 1, 2020 Second Interest Rate Adjustment Date: December 1, 2021 Interest on the outstanding principal of the Bond shall be due and payable semi-annually on June 1 and December 1, commencing June 1, 2018. Principal on the Bond shall be payable on the Maturity Date. The Bond Registrar and Paying Agent will be the Finance Director of the City. The Bond is a limited tax general obligation of the City. For as long as the Bond is outstanding, the City irrevocably covenants and agrees 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 other revenues and money of the City legally available for such purposes, to pay the principal of and interest on the Bond when due. d) Transferability: The Bank will hold the Bond with no intent to assign or transfer. The Bank has the right at any time to assign, transfer or convey the Bond in whole but no such assignment, transfer or conveyance shall be effective as against the City unless and until the Bank has delivered to the City prior written notice thereof that discloses the name and address of the assignee and such assignment, transfer or conveyance shall be made only to (i) an affiliate of the Bank or (ii) banks, wholly-owned direct or indirect subsidiaries of banks or bank holding companies, insurance companies or other financial institutions or their affiliates that signs a qualified purchaser letter in substantially the same form as provided by the Bank in connection with the issuance of the Bond and otherwise satisfactory to bond counsel to the City. Nothing herein shall limit the right of the Bank or its assignees to sell or assign participation interests in the Bond to one or more entities listed in (i) or (ii). 6. Prepayment: The City reserves the right and option to prepay and redeem at any time prior to the Maturity Date any or all of the principal amount of the Bond outstanding at par plus accrued interest to the date of prepayment. The City shall provide the Registered Owner and the Bond Registrar with written notice of any intended prepayment at least 15 calendar days prior to such prepayment date. Interest on the principal amount of the Bond called for prepayment shall cease to 7. Fees: City of Tukwila, Washington LTGO Bond, 2017 (Taxable) Page 3 accrue on the date fixed for prepayment unless the principal amount called for prepayment is not paid on the prepayment date. There is no loan fee due to the Bank. The fees and costs of the City's bond counsel may be withheld from the proceeds of the Bond and transferred via wire, on behalf of the City, directly to bond counsel on the Closing Date, defined below. The City will be responsible for paying other costs of issuing the Bond, if any. 8. Continuing Disclosure: For so long as the Bond is outstanding, the City will covenant to make available to the Bank in a timely manner copies of the City's audited financial statements when available via the MSRB's Electronic Municipal Market Access service. 9. Additional Terms: The Bond documents will be prepared by bond counsel to the City, in the standard forms customarily required by the Bank for municipal funding and will include additional terms and conditions not discussed above. On the Closing Date, the financial condition and credit of the City and all other features of this transaction will be as represented to the Bank without material adverse change. In the event of adverse material changes in the credit worthiness of the City, including litigation involving or claims filed against the City, this commitment will terminate upon notice by the Bank. This commitment is non - assignable by the City. This commitment supersedes any prior commitments, offers, or agreements, written or oral concerning this financing and can only be modified in writing. 11. Closing Date: The Closing Date is anticipated to be on or about November 14, 2017. 12. Acceptance: This commitment is not binding unless the City returns a signed copy of this letter to the Bank prior to the close of business on November 14, 2017 at which time the commitment will expire without notice. If, after acceptance, the Bond has not closed by December 15, 2017, this commitment will expire without notice. City of Tukwila, Washington LTGO Bond, 2017 (Taxable) Page 4 ORAL AGREEMENTS OR ORAL COMMITMENTS TO LOAN MONEY, EXTEND CREDIT, OR TO FORBEAR FROM ENFORCING REPAYMENT OF A DEBT ARE NOT ENFORCEABLE UNDER WASHINGTON LAW. Thank you for this opportunity to work with the City and its finance team. Sincerely, CASHMERE VALLEY BANK Tomrown Assistant Vice President, Municipal Lender Acknowledged and accepted this l day of November, 2017 CITY OF TUKWILA, WASHINGTON cc: Deanna Gregory, Pacifica Law Group LLP Susan Musselman, PFM Financial Advisors LLC Duncan Brown, PFM Financial Advisors LLC SIGNATURE IDENTIFICATION AND NONLITIGATION CERTIFICATE We, ALLAN EKBERG and CHRISTY O'FLAHERTY, the duly chosen, qualified and acting Mayor and City Clerk, respectively, of the City of Tukwila, Washington (the "City"), DO HEREBY CERTIFY that we have executed the following -described Limited Tax General Obligation Bond, 2017 (Taxable) (the "Bond") of the City. The Bond is dated November 14, 2017, is in the principal amount of $2,276,000, and is payable as set forth in Ordinance No. 2553 of the City, passed on November 6, 2017 (the "Bond Ordinance"). The Bond bears interest on the principal balance at the interest rate provided therein. WE FURTHER CERTIFY that there is no controversy or litigation pending or to the best of our knowledge threatened affecting the issuance and delivery of the Bond, the levy and collection of taxes and other revenue pledged to pay the principal thereof and interest thereon, the proceedings and authority under which the Bond is issued and said taxes levied, the validity of the Bond, the corporate existence or boundaries of the City, or the title of the present officers to their respective offices, and that no authority or proceedings for the issuance of the Bond has or have been repealed, revoked or rescinded. DATED as of this 14th day of November, 2017. Signatures Title ilikV/ Mayor 10076 00004 gj02dd279e City Clerk * * * * * * * * * * STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this `3 day of N ° `I , 2017, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared ALLAN EKBERG, to me known to be the Mayor of the City of Tukwila, Washington, described in and who executed the within and foregoing instrument; and acknowledged to me that he signed said instrument as his free and voluntary act and deed for the uses and purposes therein mentioned. J. Sq,4;'; ? ���,,,, ,vw ;`0"„Fx1, ,,i� ,. Notary Public [Seal or Sta>xap] s g ? . ,. `0 s $°"r' b 0. ro- 3 • 5 a -?C-40 to ; A c, 1 Z [Printed Name] /ii �c�OF29Asx�`���- My appointment expires: 3 —' —(8 STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this t 3' day of N oV 4e 0”` 10-e r , 2017, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared CHRISTY O'FLAHERTY, to me known to be the City Clerk of the City of Tukwila, Washington, described in and who executed the within and foregoing instrument; and acknowledged to me that she signed said instrument as her free and voluntary act and deed for the uses and purposes therein mentioned. [Seal or Starr'= a oiAR/- % , 5 a K '� til e Notar Publi ��`�,,,, IO �i y c -110/-0-/N 10076 00004 gjO2dd279e = 0 in % [Printed Name] /i �`'%,, 3.29-\P C9 = My appointment expires: /i�1 F OF W A5v`zS • z 111 3—�`i —(3 cksiesvallev November 14, 2017 City of Tukwila Tukwila, Washington RE: City of Tukwila, Washington, Limited Tax General Obligation Bond, 2017 (Taxable) (the "Bond") Ladies and Gentlemen: The undersigned, on behalf of Cashmere Valley Bank (the "Purchaser"), hereby acknowledges receipt of the above -referenced Bond dated November 14, 2017, issued in the principal amount of $2,276,000 The undersigned acknowledges that the Bond was issued pursuant to Ordinance No. 2553 of the City of Tukwila, Washington (the "City") passed by the City Council on November 6, 2017 (the "Bond Ordinance"). Proceeds of the Bond will be used to prepay the City's Limited Tax General Obligation Bond Anticipation Note, 2014 (Taxable Non -Revolving Line of Credit), and to pay costs of issuance for the Bond. Capitalized terms used in this letter have the meanings given such terms in the Bond Ordinance. In connection with the acquisition of the Bond by the Purchaser, the Purchaser hereby makes the following representations upon which you may rely: 1. The Purchaser is an institutional investor who is an accredited investor (as defined under paragraph 1, 2, 3, or 7 of Rule 501(a) of the Securities Act of 1933 (the "Act"). 2. The Purchaser has sufficient knowledge and experience in financial and business matters, including purchase and ownership of governmental obligations, to be able to evaluate the risks and merits of the loan represented by its purchase of the Bond, and its net worth and available assets are such that it is able to bear the economic risk of its purchase of the Bond. The Purchaser is able to bear the economic risk of the investment represented by its purchase of the Bond. 3. The Purchaser understands that the Bond is a limited tax general obligation of the City. Pursuant to the Bond Ordinance the City has irrevocably covenanted and agreed 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 a taxation in amounts sufficient, together with other money legally available therefor, to pay the principal of and interest on the Bond as the same shall become due. The full faith, credit and resources of the City have been irrevocably pledged for the annual levy and collection of such taxes and the prompt payment of such principal and interest. The Purchaser acknowledges that no property, 1400 112th Avenue SE, Suite 100 • Bellevue, Washington 98004-6997 • (425) 688-3935 • Toll Free 1 (866) 252-2265 • Fax (425) 688-3937 City of Tukwila, Washington November 14, 2017 Page 2 debt service reserves, credit enhancement, or other security has been pledged to the payment of principal of and interest on the Bond. The Purchaser acknowledges that it does not have a security interest in particular revenues or assets of the City. 4. The Purchaser understands that no official statement, prospectus, offering circular or other offering statement containing material information with respect to the City or the Bond is being issued, that the Bond is unrated, and that, with due diligence, it has made its own inquiry and analysis with respect to the City, the Bond and the security therefor, and other material factors affecting the security for and payment of the Bond, and is relying solely on such inquiry and analysis in its purchase of the Bond. 5. The Purchaser acknowledges that is has either been supplied with or been given access to information, including financial statements and other financial information, to which a reasonable investor would attach significance in making investment decisions, and the Purchaser has had the opportunity to ask questions and to receive answers from knowledgeable individuals and organizations concerning the City, the use of proceeds of the Bond and the Bond and the security therefor so that, as a reasonable investor, the Purchaser has been able to make its decision to purchase the Bond. 6. The Purchaser acknowledges that it is purchasing the Bond for investment for its own account and not with a present view toward resale or distribution thereof, in that it does not now intend to resell or otherwise dispose of all or any part of its interests in the Bond. The Purchaser acknowledges that the Bond is not transferrable except as provided in the Bond Ordinance. The Purchaser also acknowledges that any transfer of the Bond which fails to comply with this provision and the transfer limitations on the Bond contained in the Bond Ordinance shall be null and void. 7. The Purchaser understands that the Bond is an exempted security under the Act and that registration is not legally required as of the date hereof; and further understands that the Bond (a) is not being registered or otherwise qualified for sale under the "Blue Sky" laws and regulations of any state, (b) will not be listed in any stock or other securities exchange, (c) will not carry a rating from any rating agency and (d) will be issued only in one denomination of $2,276,000, which may not be readily marketable. 8. The Purchaser has had the opportunity to consult with and be advised by legal counsel as to the significance of this letter and it has satisfied itself that the Bond is a lawful investment for it under all applicable laws. Very truly yours, CASHMERE VALLEY BANK By / 2 Authorized Officer 14 1' 144 14 11! LerAMIINFOIMIAr....:1FAMOIrallONFAIMOIKM:VAIMIO. ....�. 21.x.. +•••••••�..............,.....+samokami.._...._rr.....rno..� UNITED STATES OF AMERICA rd 1 • NO. R-1 $2,276,000, STATE OF WASHINGTON r, CITY OF TUKWILA LIMITED TAX GENERAL OBLIGATION BOND, 2017 (TAXABLE) Ird� DATE OF ISSUANCE: NOVEMBER 14, 2017 MATURITY DATE: DECEMBER 1, 2022 '�� REGISTERED OWNER: CASHMERE VALLEY BANK PRINCIPAL AMOUNT: TWO MILLION TWO HUNDRED SEVENTY-SIX THOUSAND AND NO/100 DOLLARS The City of Tukwila, Washington, a municipal corporation organized and existing under and by virtue of `+ the laws of the State of Washington (the "City"), hereby acknowledges itself to owe and for value received promises to pay to the Registered Owner identified above, on or before the Maturity Date identified above, the Principal Amount identified above. This bond shall bear interest on the outstanding principal balance at the interest rate then, in effect (the "Interest Rate"), as follows: 11 (a) from the Date of Issuance identified above to (but not including) the First Interest Rate Adjustment Date (December 1, 2020), a fixed rate of interest of 2.6% per annum, (b) from the First Interest Rate Adjustment Date to (but not including) the Second Interest Rate r Adjustment Date (December 1, 2021), a fixed rate of interest of 2.8% per annum, and i (c) from the Second Interest Rate Adjustment Date to the Maturity Date, a fixed rate of interest of 3.0% per annum. Interest on this bond shall accrue from the Date of Issuance until paid and shall be computed per annum on the principal amount outstanding on a 30/360 basis. The Interest Rate shall reset on each Adjustment Date as described above, and shall remain in effect until but not including the next Adjustment Date. Principal of this bond shall be rd payable on the Maturity Date and interest on this bond shall be paid semi-annually on June 1 and December 1, beginning June 1, 2018, to the Maturity Date or prior prepayment. rd Both principal of and interest on this bond shall be payable in lawful money of the United States of America. Principal and interest on this bond shall be payable by check or warrant or by other means mutually r acceptable to the Registered Owner and the City. Upon final payment of principal and interest of this bond, the Registered Owner shall surrender this bond for cancellation at the office of the Bond Registrar in accordance with Ordinance No. 2553 of the City (the "Bond Ordinance"). , This bond is issued pursuant to the Bond Ordinance to redeem the City's Limited Tax General Obligation Bond Anticipation Note, 2014 (Taxable Non -Revolving Line of Credit) and to pay costs of issuance for this bond. Capitalized terms used in this bond have the meanings given such terms in the Bond Ordinance. 1 ri Page 1 of 3 414 14 14i 1414 14 14 14 1 144 14 IILV7.01.11/"....1111r4.111*� The City may prepay this bond on any date upon providing at least 15 calendar days prior written notice to the Registered Owner, as further provided in the Bond Ordinance. ra The City has in the Bond Ordinance authorized the creation of a fund to be used for the payment of debt 1 service on this bond, designated as the Debt Service Fund. The Debt Service Fund shall be drawn upon for the sole purpose of paying the principal of and interest on this bond. ! 1� 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 r, the prompt payment of such principal and interest. Owners of this bond do not have a security interest in particular revenues or assets of the City. This bond is ki not a debt or indebtedness of the State of Washington, or any political subdivision thereof other than the City. 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 issued pursuant to the Constitution and laws of the State of Washington, and duly adopted ri ordinances of the City. This bond is transferable upon compliance with the conditions set forth in the Bond Ordinance. , 11 is hereby certified that all acts, conditions and things required by the Constitution and statutes of the State of Washington to exist, to have happened, been done and performed precedent to and in the issuance of this bondLi exist, have happened, been done and performed and that the issuance of this bond does not violate any constitutional, statutory or other limitation upon the amount of bonded indebtedness that the City may incur. rki /i ki riririi Page 2of3 r lr a,, 1 IN WITNESS WHEREOF, the City of Tukwila, Washington, has caused this bond to be executed by the manual or facsimile signature of the Mayor of the City Council and attested by the manual or facsimile signature of the Clerk, as of this 14th day of November, 2017. [SEAL] ATTEST: CITY OF TUKWILA, WASHINGTON M By ri .F./174 44") ri� ty Clerk This bond is the City of Tukwila, Limited Tax General Obligation Bond, 2017 (Taxable) described in the within mentioned Bond Ordinance and is registered in the name of the Registered Owner on the books of the City, in ri the office of the City Finance Director (the "Bond Registrar"), as to both principal and interest, as noted in the kl registration blank below. All payments of principal of and interest on this bond shall be made by the City to the Registered Owner from the Debt Service Fund. , Date of Name and Address of Signature of Registration Registered Owner Bond Registrar r, Id November 14, 2017 Cashmere Valley Bank .0 / ! r 1400 112th Avenue SE, Suite 100 Director , Bellevue, WA 98004 ] I' Pi Pi /' LI Page 3 of 3 kl arn...1111%."11rAmOrm•ler..m.NriwOrambi:IrAiwalrm.:11:maTimi. 4•06.11r4mOrrA.NOIramm:IPA Mayor CERTIFICATE OF AUTHENTICATION AND REGISTRATION CERTIFICATE REGARDING PAYMENT AND DELIVERY .1, Peggy McCarthy, Finance Director of the City of Tukwila, Washington (the "City"), DO HEREBY CERTIFY, with respect to the issuance of the City's Limited Tax General Obligation Bond, 2017 (Taxable) (the "Bond"), that I have received payment from Cashmere Valley Bank, or its duly appointed agent, in the amount of $2,276,000, as follows: Sources of Funds: Principal Amount of the Bond Debt Service Fund Contribution Total: Uses of Funds Deposit to Note Account Costs of Issuance Total Uses: $ 2,276,000.00 9,414.49 $ 2,285,414.49 $ 2,260,347.81 25,066.68 $ 2,285,414.49 Receipt of proceeds of the Bond as set forth above is hereby acknowledged and confirmed on behalf of the City. On this date, the City delivered the Bond to Cashmere Valley Bank, as purchaser. Dated this 14th day of November, 2017. CITY OF TUKWILA, WASHINGTON I/fes, (c%rgy McCarthy, Fi Director RECEIPT FOR BOND Receipt of the City of Tukwila, Washington, Limited Tax General Obligation Bond, 2017 (Taxable), dated as of the date hereof, in the principal amount of $2,276,000 is hereby acknowledged on behalf of Cashmere Valley Bank. Dated this 14th day of November, 2017. CASHMERE VALLEY BANK Title: Assn VICE Pi`sri)ehf Prepared by PFM Financial Advisors LLC TABLE OF CONTENTS City of Tukwila Limited Tax General Obligation Bond, 2017 (Taxable) Final Numbers Report Page Sources and Uses of Funds 1 Summary of Bonds Refunded 2 Bond Summary Statistics 3 Bond Pricing 4 Bond Debt Service 5 Escrow Requirements 7 Escrow Sufficiency 8 Escrow Cost 9 Escrow Statistics 10 Cost of Issuance 11 Form 8038 Statistics 12 Prepared by PFM Financial Advisors LLC Page 1 SOURCES AND USES OF FUNDS City of Tukwila Limited Tax General Obligation Bond, 2017 (Taxable) Final Numbers Dated Date Delivery Date Sources: 11/14/2017 11/14/2017 Bond Proceeds: Par Amount Other Sources of Funds: Debt Service Fund Cash Contribution 2,276,000.00 9,414.49 2,285,414.49 Uses: Refunding Escrow Deposits: Cash Deposit Delivery Date Expenses: Cost of Issuance 2,260,347.81 25,066.68 2,285,414.49 Prepared by PFM Financial Advisors LLC Page 2 Bond SUMMARY OF BONDS REFUNDED City of Tukwila Limited Tax General Obligation Bond, 2017 (Taxable) Final Numbers Maturity Interest Par CaII Call Date Rate Amount Date Price 2014 Letter of Credit 1: LIBOR1 12/01/2017 2.240% 1,240,000.00 11/14/2017 100.000 2014 Letter of Credit 2: LIBOR2 12/01/2017 2.240% 1,010,000.00 11/14/2017 100.000 2,250,000.00 Prepared by PFM Financial Advisors LLC Page 3 Bond Component BOND SUMMARY STATISTICS City of Tukwila Limited Tax General Obligation Bond, 2017 (Taxable) Final Numbers Dated Date 11/14/2017 Delivery Date 11/14/2017 First Coupon 06/01/2018 Last Maturity 12/01/2022 Arbitrage Yield True Interest Cost (TIC) 2.713318% Net Interest Cost (NIC) 2.718877% All -In TIC 2.949296% Average Coupon 2.718877% Average Life (years) 5.047 Weighted Average Maturity (years) 5.047 Duration of Issue (years) 4.760 Par Amount 2,276,000.00 Bond Proceeds 2,276,000.00 Total Interest 312,330.42 Net Interest 312,330.42 Bond Years from Dated Date 11,487,477.78 Bond Years from Delivery Date 11,487,477.78 Total Debt Service 2,588,330.42 Maximum Annual Debt Service 2,344,280.00 Average Annual Debt Service 512,822.76 Underwriter's Fees (per $1000) Average Takedown Other Fee Total Underwriter's Discount Bid Price 100.000000 Average Par Average Average Maturity PV of 1 bp Value Price Coupon Life Date change Bullet Maturity 2,276,000.00 100.000 2.719% 5.047 12/01/2022 2,276,000.00 5.047 0.00 Par Value + Accrued Interest + Premium (Discount) - Underwriter's Discount - Cost of Issuance Expense - Other Amounts TIC 2,276,000.00 All -In Arbitrage TIC Yield 2,276,000.00 2,276,000.00 -25,066.68 Target Value 2,276,000.00 2,250,933.32 2,276,000.00 Target Date 11/14/2017 11/14/2017 Yield 2.713318% 2.949296% 11/14/2017 Prepared by PFM Financial Advisors LLC Page 4 Bond Component BOND PRICING City of Tukwila Limited Tax General Obligation Bond, 2017 (Taxable) Final Numbers Maturity Yield to Cali CaII Date Amount Rate Yield Price Maturity Date Price Bullet Maturity: 12/01/2022 2,276,000 -100.000% 100.000 C 2,713% 11/14/2017 100.000 2,276,000 Dated Date Delivery Date First Coupon Par Amount Original Issue Discount Production Underwriter's Discount Purchase Price Accrued Interest Net Proceeds 11/14/2017 11/14/2017 06/01/2018 2,276,000.00 2,276,000.00 100.000000% 2,276,000.00 100.000000% 2,276,000.00 Prepared by PFM Financial Advisors LLC Page 5 BOND DEBT SERVICE City of Tukwila Limited Tax General Obligation Bond, 2017 (Taxable) Final Numbers Period Ending Principal Interest Debt Service 12/01/2018 61,970.42 61,970.42 12/01/2019 59,176.00 59,176.00 12/01/2020 59,176.00 59,176.00 12/01/2021 63,728.00 63,728.00 12/01/2022 2,276,000 68,280.00 2,344,280.00 2,276,000 312,330.42 2,588,330.42 Prepared by PFM Financial Advisors LLC Page 6 BOND DEBT SERVICE City of Tukwila Limited Tax General Obligation Bond, 2017 (Taxable) Final Numbers Period Ending Principal Annual Interest Debt Service Debt Service 06/01/2018 32,382.42 32,382.42 12/01/2018 29,588.00 29,588.00 61,970.42 06/01/2019 29,588.00 29,588.00 12/01/2019 29,588.00 29,588.00 59,176.00 06/01/2020 29,588.00 29,588.00 12/01/2020 29,588.00 29,588.00 59,176.00 06/01/2021 31,864.00 31,864.00 12/01/2021 31,864.00 31,864.00 63,728.00 06/01/2022 34,140.00 34,140.00 12/01/2022 2,276,000 34,140.00 2,310,140.00 2,344,280.00 2,276,000 312,330.42 2,588,330.42 2,588,330.42 Prepared by PFM Financial Advisors LLC Page 7 ESCROW REQUIREMENTS City of Tukwila Limited Tax General Obligation Bond, 2017 (Taxable) Final Numbers Dated Date Delivery Date 11/14/2017 11/14/2017 Period Principal Ending Interest Redeemed Total 11/14/2017 10,347.81 2,250,000.00 2,260,347.81 10,347.81 2,250,000.00 2,260,347.81 Prepared by PFM Financial Advisors LLC Page 8 Date ESCROW SUFFICIENCY City of Tukwila Limited Tax General Obligation Bond, 2017 (Taxable) Final Numbers Escrow Net Escrow Excess Excess Requirement Receipts Receipts Balance 11/14/2017 2, 260, 347.81 2, 260, 347.81 2,260,347.81 2,260,347.81 0.00 Prepared by PFM Financial Advisors LLC Page 9 ESCROW COST City of Tukwila Limited Tax General Obligation Bond, 2017 (Taxable) Final Numbers Purchase Cost of Cash Total Date Securities Deposit Escrow Cost 11/14/2017 2,260,347.81 2,260, 347.81 0 2,260,347.81 2,260,347.81 Prepared by PFM Financial Advisors LLC Page 10 ESCROW STATISTICS City of Tukwila Limited Tax General Obligation Bond, 2017 (Taxable) Final Numbers Modified Yield to Yield to Perfect Value of Total Duration PV of 1 bp Receipt Disbursement Escrow Negative Cost of Escrow Cost (years) change Date Date Cost Arbitrage Dead Time Global Proceeds Escrow: 2,260,347.81 2,260,347.81 2,260,347.81 0.00 2,260,347.81 0.00 0.00 Delivery date 11/14/2017 Prepared by PFM Financial Advisors LLC Page 11 COST OF ISSUANCE City of Tukwila Limited Tax General Obligation Bond, 2017 (Taxable) Final Numbers Cost of Issuance $/1000 Amount Bond Counsel Financial Advisor Financial Advisor Expenses 4.39367 6.59051 0.02930 10,000.00 15,000.00 66.68 11.01348 25,066.68 Prepared by PFM Financial Advisors LLC Page 12 FORM 8038 STATISTICS City of Tukwila Limited Tax General Obligation Bond, 2017 (Taxable) Final Numbers Dated Date Delivery Date 11/14/2017 11/14/2017 Redemption Bond Component Date Principal Coupon Price Issue Price at Maturity Bullet Maturity: 12/01/2022 2,276,000.00 0.000% 100.000 2,276,000.00 2,276,000.00 2,276,000.00 2,276,000.00 2,276,000.00 Stated Weighted Maturity Interest Issue Redemption Average Date Rate Price at Maturity Maturity Yield Final Maturity 12/01/2022 2,276,000.00 2,276,000.00 Entire Issue 2,276,000.00 2,276,000.00 5.0472 Proceeds used for accrued interest Proceeds used for bond issuance costs (including underwriters' discount) Proceeds used for credit enhancement Proceeds allocated to reasonably required reserve or replacement fund Proceeds used to currently refund prior issues Proceeds used to advance refund prior issues Remaining weighted average maturity of the bonds to be currently refunded Remaining weighted average maturity of the bonds to be advance refunded 0.00 25,066.68 0.00 0.00 2,260,347.81 0.00 0.0472 0.0000 Prepared by PFM Financial Advisors LLC Page 13 FORM 8038 STATISTICS City of Tukwila Limited Tax General Obligation Bond, 2017 (Taxable) Final Numbers Refunded Bonds Bond Component Date Principal Coupon Price Issue Price 2014 Letter of Credit 1: LIBOR1 12/01/2017 1,240,000.00 2.240% 100.000 1,240,000.00 2014 Letter of Credit 2: LIBOR2 12/01/2017 1,010,000.00 2.240% 100.000 1,010,000.00 2,250,000.00 2,250,000.00 Remaining Last Weighted Call Issue Average Date Date Maturity 2014 Letter of Credit 1 2014 Letter of Credit 2 All Refunded Issues 11/14/2017 11/14/2017 11/14/2017 09/01/2017 09/01/2017 0.0472 0.0472 0.0472 Department of Commerce BOND 101 REPORT FORM 1011 Plum Street SE P.O. Box 42525 Olympia, WA 98504-2525 Phone: 360/725-2733 Email: buc@commerce.wa.gov Issue ID: 1711-011 Date Submitted: 12/13/2017 ..: ..... i=� ., r. m.s ..... ..... :...6<(��-�:�$�y?..F. issuer Information z3 >>.. �a'.. f9 ✓x .„ 4✓LY> _ '.".. .. .:"f .. .. .... Name of Issuer: City of Tukwila Address of Issuer: 6200 Southcenter Boulevard Tukwila, WA 98188 Issue Type: City/Town Principle User, if different than issuer: Counties in which the entity using the bond proceeds is located: King 0 Various Counties - More than four 0 Statewide ,. , .._ _. Y--£- .-. ', .. _.�r„ C_. ,.,a,._.. `� tier +� r " ref Y}f g « ! t � , k r r � �i� 1 ItA�� r R l �`9 .�«+h.� y ,� � 'y��":!'r}f� � i l' `�� -. � n� , ni'Y.a ,..k,1d'.i�,F.., i , ^gCrFSy e �, 2, ,,.Lt, s�'. . , k �+ii,. . ��'i.", l�� ✓ $ Was this bond voter approved? 0 Yes ■ No Exact title of issue: Limited Tax General Obligation Bond, 2017 (Taxable) Issue Sale Method: Private Placement If Competitive Bid, number of bids: Debt Type: GO Bond Debt Category: Bond Series: 6 -DIGIT CUSIP: New/Refund/Combo: Refund CUSIP(S) of Refunded Bonds: Private Placement Number(s): Series or Issue Year of Refunded Bonds: 2014 Advance Refund? 0 Yes • No Net Present Value Savings: s DatDated Date of Issue: 11/14/2017 Issue Closing Date: 11/14/2017 Date of Issue Sale: 11/13/2017 Issue Maturity Date: 12/01/2022 <��� �� issue purpose , s Purpose Type: Other Purpose of Proceeds: Refund the City's outstanding limited tax general obligation bond anticipation note, 2014 (taxable non -revolving line of credit) and pay costs of issuance. Printed on 12/13/2017 8:50:00 AM Page 1 of 3 Department of Commerce 1011 Plum Street SE P.O. Box 42525 Olympia, WA 98504-2525 Phone: 360/725-2733 Email: buc@commerce.wa.gov Is this a Bond Cap issuance? 0 Yes • No If yes: Bond Cap Use Category: Project Title: Bond Cap Amount: Value and Interest, Rates NEW REFUND Tax -Exempt Par Value: $0.00 Taxable par Value: $2,276,000.00 Total Par Value: $2,276,000.00 Net Tax -Exempt Interest Rate: 0 Variable 0% 0 Variable Net Taxable Interest Rate: 0 Variable ■ Variable Discount: 0 Estimate 0 Estimate Premium: 0 Estimate 0 Estimate Yield: Underlying Security Other Gross Underwriting Spread: $0.00 0 Estimate Underwriting Spread per$1,000: $0.00 Bond Counsel Fee: $10,000.00 0 Estimate Legal/Underwriter's Counsel Fee: $0.00 0 Estimate Adminsitrative/Commission Fee: $0.00 0 Estimate Feasiblity Study Cost: $0.00 0 Estimate Rating Agency Fee: $0.00 0 Estimate Trustee Fee: $0.00 0 Estimate Credit Enhancement: $0.00 0 Estimate Escrow Costs: $0.00 0 Estimate Financial Advisor Fee: $15,066.68 0 Estimate Placement Agent: $0.00 0 Estimate Bond Insurance: $0.00 0 Estimate Printing, inc. Office Statement: $0.00 0 Estimate Out -of -State Travel: $0.00 0 Estimate Miscellaneous: $50.00 ❑ Estimate Issuance Team Name of Financial Advisor: PFM Financial Advisors LLC Name of Bond Counsel: Pacifica Law Group LLP Name Of Lead Underwiter(s): N/A Printed on 12/13/2017 8:50:00 AM Page 2 of 3 Department of Commerce 1011 Plum Street SE P.O. Box 42525 Olympia, WA 98504-2525 Phone: 360/725-2733 Email: buc@commerce.wa.gov Name Of Company Insuring Bond: N/A Name of Bond Registrar: Finance Director of the City of Tukwila Escrow Agent/Trustee: N/A tai 7itl ear Standard & Poor's: Moody's: Fitch: Other �J...r.z, .✓As, .a ��F�>S„�;;Sx,2y� , �M � ?. t.. , .. ,h...,H`i °�3�t,. , `.., ..�, �, �., �, ,I'":i.. :�.., FAQ. r, >� -� i <<Ff . � �� ���� ��9 j �� Fy J,lb .. �..�o a Are bond covenants available? ❑ Yes 1 No Is an Official Statement available? 0 Yes • No �irx,.Fs,:, .3.,... , ��.< c .5.,. :.'a%/.,�.., ...Yf.. .+... ..r$5,2�✓�''s'`ii ,,,r>i dss..Sn�. r��z.., . ,, ,... .. . Reporter Name: Mei He Title: Paralegal Affiliation: Pacifica Law Group LLP Address: 1191 2nd Avenue Ste. 2000 Seattle, WA 98101 Email: mei.he@pacificalawgroup.com Phone: (206) 245-1704 Printed on 12/13/2017 8:50:00 AM Page 3 of 3 G PACIFICA LAW GROUP November 14, 2017 City of Tukwila Tukwila, Washington Cashmere Valley Bank Bellevue, Washington T 206.245.1700 1191 2nd Avenue, Suite 2000 Seattle, WA 98101-3404 pacificalawgroup.com Re: City of Tukwila, Washington Limited Tax General Obligation Bond, 2017 (Taxable) - $2,276,000 Ladies and Gentlemen: We have acted as bond counsel to the City of Tukwila, Washington (the "City"), and have examined a certified transcript of the proceedings taken in the matter of the issuance by the City of its Limited Tax General Obligation Bond, 2017 (Taxable) (the "Bond"), dated as of the date hereof, in the aggregate principal amount of $2,276,000, issued pursuant to Ordinance No. 2553 (the "Bond Ordinance") of the City to prepay the City's outstanding Limited Tax General Obligation Bond Anticipation Note, 2014 (Taxable Non -Revolving Line of Credit) and to pay the costs for issuance of the Bond. Capitalized terms not otherwise defined herein shall have the meanings given such terms in the Bond Ordinance. The Bond may be prepaid prior to maturity as provided in the Bond Ordinance. Regarding questions of fact material to our opinion, we have relied on representations of the City in the Bond Ordinance and in the certified proceedings and on other certifications of public officials and others furnished to us without undertaking to verify the same by independent investigation. Based on the foregoing, we are of the opinion that, under existing law: 1. The Bond has been legally issued and constitutes a valid and binding special limited obligation of the City, enforceable in accordance with its terms, except to the extent that the enforcement of the rights and remedies of the holders and owners of the Bond may be limited by laws relating to bankruptcy, insolvency, moratorium, reorganization or other similar laws of general application affecting the rights of creditors, by the application of equitable principles and the exercise of judicial discretion. 10076 00004 gj033m27d5 City of Tukwila Cashmere Valley Bank November 14, 2017 Page 2 2. The Bond Ordinance is a legal, valid and binding obligation of the City, has been duly authorized, executed and delivered and is enforceable in accordance with its terms, except to the extent that enforcement may be limited by laws relating to bankruptcy, insolvency, moratorium, reorganization or other similar laws of general application affecting the rights of creditors, by the application of equitable principles and the exercise of judicial discretion. 3. Both principal of and interest on the Bond is payable out of annual levies of ad valorem taxes to be made upon all of the taxable property within the City permitted to be levied without a vote of the electorate in the amounts which, together with other available funds, will be sufficient to pay such principal and interest as the same shall become due. 4. Interest on the Bond is not intended to be exempt from federal income taxes. Except as expressly stated above, we express no opinion regarding any tax consequences related to the ownership, sale or disposition of the Bond, or the amount, accrual or receipt of interest on, the Bond. The owners of the Bond should consult their tax advisors regarding the applicability of any collateral tax consequences of owning the Bond. This opinion is given as of the date hereof, and we assume no obligation to update, revise or supplement this opinion to reflect any facts or circumstances that may hereafter come to our attention or any changes in law that may hereafter occur. Very truly yours, PACIFICA LAW GROUP LLP 10076 00004 gj033m27d5 LuP