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HomeMy WebLinkAboutOrd 0479 - LID #11 (Local Improvement District) - Issuance and Sale of Bonds CITY OF TUKWILA, WASHINNGTON ORDINANCE NO, 479 AN ORDINANCE fixing the amount, form, date interest rate, maturity and denominations of Local Improvement District No. 11 Bonds and directing the issuance and sale thereof to McLean Company, Inc. THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN as follows: Section 1. The total amount of the assessment roll in Local Improve- ment District No. 11 in the City of Tukwila, Washington, created under Ordinance No. 454 was $162,927.44. The thirty -day period for making cash payments of assessments without interest in the District expired on April 17, 1967, and the total amount of assessments paid in cash was $67,803.37, leaving a balance of assessments unpaid on the assessment roll in the sum of $95,124.07. Local improvement district bonds of Local Improvement District No. 11 shall, therefore be issued in the total prin- cipal sum of $95,124.07. Bond No. 1 of that issue shall be in the denomina- tion of $1,124.07 and the remaining bonds numbered 2 to 95, inclusive shall be in the denomination of $1,000.00 each. The bonds shall all be dated June 1, 1967, and shall be payable on June 1, 1979, with the right reserved to the City to redeem the bonds prior to maturity on any interest payment date, in numerical order, lowest numbers first, whenever there shall be sufficient money in the "Local Improvement Fund, District No. 11," created by Ordinance No. 454, passed on April 10, 1966, to pay the bonds so called and all earlier numbered bonds over and above the amount required for the payment of the interest on all unpaid bonds by publishing notice of such call once in the official newspaper of the City not less than ten nor more than twenty days prior to the call date and upon such date the interest on bonds so called shall cease and each and every coupon repre- senting interest not accrued on such date shall be void. The bonds shall bear interest at the rate of 5 -1/2% per annum, payable annually, beginning on June 1, 1968, to be represented by interest coupons to maturity attached to each bond. Section 2. Each of the bonds and interest coupons attached thereto shall be in substantially the following form: No. $1,000.00 ($1,124.07 on Bond No. 1) UNITED STATES OF AMERICA STATE OF WASHINGTON LOCAL IMPROVEMENT BOND OF CITY OF TUKWILA LOCAL IMPROVEMENT DISTRICT NO. 11 5 -1/2% N.B. The laws of the State of Washington under which this bond is issued, contain the following section (RCW 35.45.070): "Neither the holder nor owner of any bond, inter- est coupon, or warrant issued against a local improvement fund shall have any claim therefor against the city or town by which it is issued, ex- cept for payment from the special assessments made for the improvement for which the bond or warrant was issued and except also for payment from the local improvement guaranty fund of the city or town as to bonds issued after the creation of a local im- provement guaranty fund of that city or town. The city or town shall not be liable to the holder or owner of any bond, interest coupon, or warrant for any loss to the local improvement guaranty fund occurring in the lawful operation thereof. A copy of the foregoing part of this section shall be plainly written, printed or engraved on each bond." THE CITY OF TUKWILA, WASHINGTON, a municipal corporation of the State of Washington, hereby prom- ises to pay to McLean Company, Inc. Tacoma, Washington, or bearer, the sum of ONE THOUSAND DOLLARS ($1,124.07 on Bond No. 1) in lawful money of the United States of America, with interest thereon at the rate of FIVE AND ONE -HALF PERCENT (5 -1/2 per annum, payable annually out of the fund established by Ordinance No. 454 of the City and known as "Local Improvement Fund, District No. 11," and not otherwise, except from the guaranty fund, as herein provided. Both principal and interest on this bond are payable at the office of the Treasurer of the City. -2- Coupons are hereto attached for each installment of interest to accrue hereon, and interest shall be paid only on presentation and surrender of such cou- pons to the City Treasurer. The City Council of the City, as agent of such Local Improvement District No. 11, established by Ordinance No. 454, has caused this bond to be is- sued in the name of the City as the bond of such local improvement district, the bonds or the proceeds thereof to be used to pay so much of the cost and ex- penses of the development of Strander Boulevard by the installation of a 49 foot surface by paving the same with bituminous concrete, including necessary grading, curbs and gutters, filling, compacting, street lighting (where declared by the City Council to be necessary) and the installation of storm sewers and other appurtenances connected with good street construction, as is provided by Ordinance No. 454, as is levied and assessed against the property in- cluded in the local improvement district and benefited by that improvement, and the "Local Improvement Fund, District No. 11" has been established by ord- inance for that purpose. The holder or holders of this bond shall look only to that fund and to the Local Improvement Guaranty Fund of the City for the pay- ment of either the principal of or the interest on this bond. This bond is one of an issue of 95 bonds aggregating in all the principal sum of $95,124.07, issued for Local Improvement District No. 11, all of which bonds are subject to the same terms and conditions as herein expressed. This bond is payable on June 1, 1979, but is subject to call by the City Treasurer for prior redemption when- ever there shall be sufficient money in the "Local Im- provement Fund, District No. 11," to pay the same and all unpaid bonds of the issue of which this bond is one, which are prior to this bond, in numerical order, over and above amounts sufficient for the payment of the in- terest on all unpaid bonds of this issue. The call for payment of this bond, or any bond of this issue of which this is one shall be made by the City Treasurer by pub- lishing the same once in the official newspaper of the City not less than ten nor more than twenty days prior to the call date and when such call is made for the pay- ment of this bond, it will be paid on the day the next interest coupon thereon shall become due after that call and upon that day interest upon this bond shall cease and any remaining coupons shall be void. IT IS HEREBY CERTIFIED, Recited and Declared that all acts, conditions and things required to be done precedent to and in the levying of such special taxes or assessments and the issuing of these bonds have been done, have happened and have been performed in regular and due form, as required by law; and that these bonds have not been issued in an amount in ex- cess of the cost of the improvement. -3- IN WITNESS WHEREOF, the City of Tukwila Washington, has caused this bond to be signed by its Mayor and attested by its City Clerk and its corporate seal to be hereto affixed, and the inter- est coupons attached to be signed with the fac- simile signatures of those officials this 1st day of June, 1967. CITY OF TUKWILA, WASHINGTON By Mayor ATTEST: City Clerk COUPON FORM Coupon No. $55.00 ($61.82 on Bond No. 1) On the FIRST DAY OF JUNE, 19 the CITY OF TUKWILA, WASHINGTON, promises to pay to bearer at the office of the City Treasurer the sum shown hereon, this sum being twelve months' interest due that day on Bond No. of the bonds of Local Improvement District No. 11 and not otherwise, pro- vided that this coupon is subject to all terms and conditions contained in the bond to which it is an- nexed and, if that bond shall be called for payment before maturity hereof this coupon shall be void. CITY OF TUKWILA, WASHINGTON By Mayor ATTEST: City Clerk Section 3. The bonds shall be printed on lithographed forms, shall be signed by the Mayor and attested by the Clerk and shall have the seal of the City of Tukwila affixed thereto and the coupons shall bear the fac- simile signatures of the Mayor and the Clerk. Section 4. McLean Company, Inc. Tacoma, Washington, here- tofore offered to purchase all of the local improvement bonds of Local Im- provement District No. 11 at a price of par, plus accrued interest from the -4- date of issuance to the date of delivery of the bonds to that purchaser, the City to furnish the printed bonds and the approving legal opinion of Roberts Shefelman, Lawrence, Gay Moch, municipal bond counsel of Seattle, Washington, at the City's expense. The City Council, deem- ing that no better offer could be received for the bonds and that it was in the best interests of the City to accept said offer, duly accepted the same on June 6, 1966, and such acceptance is hereby ratified and con- firmed. The bonds shall, therefore, immediately upon their execution, be delivered to McLean Company, Inc. Tacoma, Washington, upon payment therefor in accordance with said offer. PASSED by the City Council of the City of Tukwila Washington, and APPROVED by the Mayor at a regular meeting thereof this 1st day of May, 1967. ATTEST: City Clerk FORM APPROVED: a City Att ey -5-