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ORD 95-57 TRANSFER OF EXCESS BALANCES IN LID FUNDORDINANCE No. 95 - 57 AN ORDINANCE OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON, AUTHORIZING THE TRANSFER OF EXCESS BALANCES IN THE CITY'S LOCAL IMPROVEMENT GUARANTY FUND TO THE CURRENT EXPENSE FUND. WHEREAS, Washington statute RCW 35.54.095(1 ) and the bond market require that the City keep a minimum of ten percent of the City's net outstanding L.I.D. obligations in its L.I.D. guaranty fund; and WHEREAS, Section 148 of the Internal Revenue Code requires that the City keep no more than ten percent of such obligations in its guaranty fund or face arbitrage penalties (yield restriction); and WHEREAS, the City presently has $75,624.72 in its L.I.D. Guaranty Fund while 10.0 % of its net outstanding obligations totals only $44,104.30, thus producing an excess of $31,520.42; now, therefore THE CITY COUNCIL OF THE CiTY OF BAINBRIDGE ISLAND, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. The City Council has determined that the City of Bainbridge Island has an amount in its local improvement guaranty fund in excess of the amount needed to pay the outstanding obligations of that fund and all other obligations of this fund which may be reasonably expected to occur in the near future. SECTION 2. The City's Finance Director is directed to transfer $31,520.42 from the City's L.I.D. Guaranty Fund to its Current Expense fund, which transfer shall leave an amount in the L.I.D. Guaranty Fund which is 10.0 % of the net outstanding obligations of the fund prior to the issuance of the City's Local Improvement District No. 13 Bonds. Issuance of the City's Local Improvement District No. 13 Bonds shall fund an addition to the City's L.I.D. Guaranty Fund equal to 10.0 % of the obligations created by issuing these bonds. SECTION 3. This Ordinance shall take effect and be in force five days after its passage, approval, publication as required by law. PASSED by the City Council this 21 st day of December, 1995. APPROVED by the Mayor this 21 st day of December, 1995. ATTEST/AUTH ENTI GATE: JANEYK. JL"ST, Mayor S~SP(~R~k APPROVED AS TO FORM: ROD P. KASEGUMA, City Attorney FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: POSTED: EFFECTIVE DATE: ORDINANCE 95 - 57 December 14, 1995 December 21, 1995 December 23, 1995 December 23, 1995 December 28, 1995