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ORD 2010-33 CONTRACTING INDEBTEDNESS FOR LID 22ITS F ~A~~7~E IL~ND, AS~IINC~~~~ ~I~~I~~~~ pro. ~o ~ ~- ~ A~ ~R~Y~]~~ of the ~t~ of Bainbridge Island, ashintona reiatin~ to contracting indebtedness; pro~idrng for the issuance of local irnpro~e~ne~at district bands of the its to pre~ride funds with ~rhich to ~a~ fox ~ portion of the cost of certain in~pro~e~nents ~th~n I~ccal Irnpro~e~ent ~~trict ~o, ~~; and all of the casts of issuance of the bonds; firing certain terms and covenants of the bands; and providing for the rrxethod of fixing the interest rate on assessments in the local improvement district. Paned October ~7, ~~ ~ ~ ~'is oc~e~~ ~epare ~,y; ~'~s~e~ .Pe~p~er .P~~L' ~ I ~ ~ T~~rd ~4ve~~~, S~c~~e 3~D~ {20b) 447-4400 S 193250.4 ~t~~~ ~ , LI i! i V F'+i#YYY4v+i ri+•M ~ 4*+ N +~ ~ ~1 „ 1,11!.1#4er,.i11i1i1i111i11f 1i111111111111F111411r11r111r11114r14r,*4 „1141,1 rrlre*,r..iiiii11i1r41ii.Ir ,r „ 1,.1.11, + ~Ctl 0 I~ ~ 1 D~finlti on S Ii11ii,1111i411411l111111«11411111.11111114114111111111111111Ir..1111111.Y..IIIIIi11i11111114111111111111f111Ir111111111111111.x11.1111111111111111 }~ ~~~~~ ~ 1 {•~~~~ ~' + ~-+ FYt ~ V n YY++ M~~~~`~ N~~ ++ ~ ++ •~~~ ~ ++ _ +~ 1 1! 1 1! 1 1 1 r 1 1 r 1 1 1, 1!, 1 1 1 f r 4, 1 r, 1 4. 1 1 1 1., 1« r r! 4 1 i r i! 1 i Y 1 i Y. 1 1 1 1 1 4 1 1 4 1 1 4 4 1 1 1 1 1 1 1 f 4 1 1 4 1 1 4 4 1 1 4 1 1 4 1 1 4 .J ~Ctl~~ ^ 1 ~*++.~ „~~ ~~ ~ +'~ ~*t~~~14r1,r*,rlrrre,41,r1..111.~r...rli.i,11i1i1111111411ii11111r11411411r11r111ff 141441,1 „17!1!1 l..r.,.rr..i..ii.1.~4...,rr~. re.i..i ~~C~lpl] ~ 1 ~~lStration and Trap~fer ~f~Of~NIf11r11r11r1141141141111111f1411,11 „111rr.rr4,1r,1r,1.,f1.,111,iiY11Yf11r11111441441441,f111 1 1 4 4 11111 411 41 4 4~ RJ~C~10 ~ ~ 1 ~~~++•~ nt o f tll a ~5+ n~e1111141111117fr111411111111111r111111rr11111.111.111.1.11.41111111IIIIIIIIIIIIIr11111111111111111rrrIr411111111r17 r411111r1111f1 1 ,~~L~lUll ~ r prep aym~nt Provisions 14441111111114444111114111111114444141111111111rrr111 „ 11t1tt11.11111111,rllferf111r11111111111t1r44411141141111114i.,IIt11t114 1 ~~}+kl~~ ~ , 1 ~ll yfr~ L~ ~~~ i~~~~J~•+l~++yy F 1tv i 1}"Y ~i~r~~l~~rrrriiiiiillrrlrrrrFrlr11111farrrrrrr1r1111w1irlrr,r,lr1rr11rt1trl rr„r.,.1..,11rrIt11rl1t,.t ! ,~C#1011 9 4 e cur~ty for the ~ Ol1d .114411Y141111ii4411111111111111144441141111111111111111r11111~1~~1•r,11~11.1r•1.1111.11•ilillil,i11i114441411111i4111•,i11i11i11 ~/~~~\,f +L ~ ~! 4 + s+r~ ~~~ ~-+~~~~~~~~ ~f ~~ # ~`-"~^ 1411r.1r1.r11rr11f.r1.1.111.111.4rrIr1111111111rrrrrrrrr11111111rr14r1411r11r11r11rtlrrrr411r11r111111r11r11r y~i~IOIt ~1 . ~reS~r}1.}y}}/11 1,/f 1 y.1~ ~~YiilrJ tl lJ~ fVr +li~Y~Y'Y ~Y 1111 11 4 11rr11r111rr411r111,1„IIIr...1r.1,,.....~....,r,.rii....1..,. ~~114...ii.l ..r...ii.iii~ ~C~IQ11 ~~ 1 DeS~nat+u++ ~f ~~++~ .'+~ ~ ~~~+^~~f1W1.} Tµ~R~~~lill.f~ 4fV11~4fYiVn1}~ II 1141141/111111111411 r4 11 4 11 4 11r11r11fI1r414x1*r,1,r144„4*,r 7V/ ~r ~~ \,f ~ 1~ 1 ~ V~ n M+ l+ 1~ +~ ` ~~ f~ s'* ~ +~ .• T~ +~' f ~+ _~ ~ +' ~~~ 1 4 r 4 1 1 1 1 r 1 4 r 1 f 4 1 4. 4 1. r .. r. 1« 1 4 x 4 ...... 1., 1, 1~ F I r. l i. i i i i 1 1 1 1 1 1 4 4 4 4 4 4 4 4 4 4 r i r 1 1 r 1 1 r f 1 4 4 4 4 1 1 1 4 4 4 4 4 4 4 4 4 4 4 4 ~CtlOll ~~ 1 LID Bond Fu~1d, 1.+~-f~,M~~ ~~nM ~~4+ i+~~~~+t ~f~V~~ ~~VYYY~~IIIII1rr4 4 414 4111111117 11t11r44r11411r11r117rrrr111r11r41111r~ ~Ct1011 l~ 1 dale of~ond Pursuant t0 Band Sale I~eSOlutlon 111,4 41 4 41111111 4 4 4 4 4 4 411111111i11114141111111111fi1}114,4.1111111111111 r1.11}1111.111~ ~#+t1011 ~~ 1 + 1~1111..i iil~Yl1~1~Y ~Nt~ V+i ~~~Y~~+1+4'I+YV1111rr444„r1,r*1rltrtl.r.,411x1,r~.~~....,.1....,.1~~.~............1....~~.~~.....iil,,..l.i.,..,..,1., / ~C~1 V ~ ~ ~ 1 ~~n~r~• F #~t.F V } +.-+rYt~+~n ..,..1..1....1.....1.111,111414141444iir11ri1r444444r44f11r1111r4444r1 „ 1 „ 11111441 „ 1 „ 1.,.1.1.1.11~rr11r11,...,.i.,,r.,..1r.~ ~ ~ ~1p1] ~ $ . Effe Cti~ e Date of Drdin an C 4t „Irrx11x,1x,•11111•••Rt~•r•••1.1,..,..~~•••/1,1•,.i1111./1444i11ii111111144444/11411,Ii11i1111114411/411114414111111 5109320.4 ~T'Y OF BI~Rf~~ ILA~I~, ~INTO~ A~ OII)INAN~ of the its of Barnbride Island, Washington, relating to contraet1ng indebtedness; providing for the issuance of local irnprovernent dist~`ict bonds of the its to provide funds v~ith which to pad for a portion of the cost of certain 1~npravements ~thrn Local In~p1"o~arr~ent Ilstrlet No~ Z~; and all of the costs of issr~~.nce of the bonds; fixing certain terrr~s and covenants of the band; and .providing for the method of f~xln the ~nt~r~~t rate on assessments In the local l~nprovement dlstr~ct. ~_ TI~~ ITS OUNIL OF TIE CITE OF BAINBRIDL IL~N1~, 'A~IINrTO]~, DO ORDAIN A FOLLOWS: Sec#~on ~. LSD ~ar~aa~iar~ and Pr~r~ase. pitali~d terrrYS are defined in ectian ~ of this ordinance. _ ~a} Pursuant to Ordinance Na. ~~ 1 a~32, passed October 1 ~, ~a I ~, the its created Laval Impro~ven~ent District ]~a, ~~ to f ina~nce a portion of the costs the pro j ect. It is f~~nd t~ he i tl~e best interest of the it to iue, sell and deliver one o~' more local in~proven~ent district ba~ads, a authari~ed and described in this ordinance, for the purpose of pr~~idin~ financing far a partian of the Fro~ect as soon a practicable after the explratla~ of the prepa~rnent period. fib} The Owners of the Fro~e~t~ have entered into the Agreement with the pity, pursuant to which a total of ~ 1,~a0,~a0 of the costs of the Fro jeer ~ril~ be financed with Iocai iuapr~~en~ent district bonds. The assessment roll i expected to be caiafirmed on ~anua~."y 1~, ~Oll, in the aggregate arriount of $1,~~~,~~~, ~.nd the ~~-dad period fer making cash p~"ep~.~rr~ent of assessments without interest mill expire on February 14, ~~ 11, ~c} Seattle Northwest Securities corporation, of Seattle, ~Vashingtan, has presented a Letter of Intent the "Letter" of Intent"} to the pity indicating an interest in pt~rchasin the Bond ar Bonds under the terms and conditlans provided in the Letter of Intent, ectran 2. I~cf~nrtions. As used in this ordinance, the fallaing ot~ds shall have the fallowing meanings: "Bond" at+ "Bands" means the local irrapraven~ent district band ar bonds authorised to be issued ~~ this ~1"dinar~ce, "BondBond Le~lation" meads this ordinance and the Band Sale Resal~tion. `~Bon~ Re ice" means the boobs o~' records maintained b~ the hand Registrar containin the name and nailing address of the aner of each hand and the p~•inclpal amount and number of hands held b~ each a~ner~ `{bond Re i~ st~~~" means the Finance ~irectcr, "fond dale Resolution" means a resolutYOn adapted b~ the its council a~ppro~ir~g and fl~~ng the date, fo~'~n, n~att~rltlS, ~Ilterest x'ato, terms end Ca~~n~nt5 and apprQ~ing the ~~~ of the fonds pursuant to a offer setter, . "C t" n~e~.n tie City of ~inbr~dge Island, ashintan, a n~unlclpal c~r~ortlan dul~r organised and eisting under and b~ ~i~~tue of the lames of the state of'~shintan. "fade" means the united states Internal Revenue bode of ~ ~, as a~~ded, and applicable rules and regulations pran~ulgated therer~ndcr, "Letter of intent" rrzeans the letter from the Purcl~ae~, dated October 1 ~, a l ~, indicating an interest in purchasing the hands and proposing terms far such purchase, cc~1~7a~1c~ Director" means the Director of Penance and dn~ln~strat~~e er~lces of the ltd, ar such person ~.~ shall from t1rYl~ to tlnlc ~~ appointed tQ those duties, "C~uarant~ fund" means the it's Local Irnpra~eent uarant~ Fund, created b~ chapter 3,3~ afthe Bainbridge Island Municipal bode, "LID" means Laval ~mpro~e~nent District Na~ ~~, which was l~orn~ed pursuant to Ordinance loo. ~D l OM ~ of the pity, adapted on October l 3, ~~ l , to fund the Pra j ect. "LID ~ssess~nents" rr~ns all sesrrzents levied and collected in the LID crested far the puz~pose of providing a portion of the cast of the Project. "LID hand Fund" n~cans the special fund created by the hand dale Resolution fa~F the payment of the principal of and interest on the ~onds~ "offer Letter" means an offer to purchase the fonds at the tune and in accordance with the teri~~ presented therein. "Oners"means the owners of the Praperty~ "fir. o1T" means tha ~'eplacement of belay and abase-ground utlllt~ and tra~spartat~an infrastructure betr~een Mate Route ~a5 and Madison A~renue. ~lcinents of the project include; replacement of mater, seer and stormv~ater facilities; street inrxpra~einents, ineludi~g paying, curbs, gutters, sidewalks, street lighting, street trees end other landscaping and enh~ncen~ents; retention of angled parking and addition of ~~c~cle facllltles; and certain sideall~ ~mp~a~en~ents between Madison A~renue and Cara ~~enue~ "Prop ect Fund" means the ~it~'s insla~v 'day Reconstruction Pra j ect l~'und ~~reated b~ this ordinance. 51093~bD.4 "pro art "means the property described in Appendices 1- ~ of the property Omer Agrerr~ent, ~~prop~rty r ~grear~ent" means the inlo~r 'fir Ieeanstrr~ction Pra~ect Agreerr~nt and Petition, entered into by and between the pity and the Owners of the Property, dated October 13, ~~ 1 ~. "purchaser" means Seattle ~orthv~est Securities orparatian, or such other purchaser mho presents an Offer Lettar accepted ~~ the pity in a. Bond Sale R.eolutian. Section A~tho~r~ation and ~escrl~tion of tie Bond. The pity council finds and determines it to be in the best interest of the Oity to authari~e the issuar~ee and sale of its Local Irnpro~en~ent District Bands for the purposa of paying a portion of the costs of the Pi~oject~ and paying the costs of issuance The tatai principal amount of Bonds to be issued shall be specified b~ the pity council in the Bond Sale Resolution; but shall in no event exceed l,o~~,~~0 plus the amount necessary cif any} to fund the guaranty Fund and the pay costs of issuance of the Binds, Tha Bonds may be issued in such denominations as are appra~ed in the Bond Sale Resolution, and shall be numbered in such manner as is determined appropriate by the Band Registrar for purposes of identification. The Bonds shall b des1gnated the C1ty of Bainbridge Island, 'ashinton, Laval Irnpro~e~ent District a, ~ Bonds, ~ 1 I, shalt be in fully registered form and shall be dated its date of delivery to the purchaser, The Bond Sale Resolution shall specify the rakes of interest per annum, which interest shall accrue frarr~ the date of issuance of the Bands. Principal of at~d interest on the Bands shalj be payable in annual, semiannual ar other periodic amortised installments on the date or dates peclf1ed 1n the Bond Sala Resolution. Section ~. Band Sate eso~ution, The Bond nay be issued only upon adoption by the pity council of a Band Sale resolution providing for the matters described in this ordinance and such other matters that the pity auncil deems necessary and appropriate to carry out the purposes of this ordinance Once adopted, the Band Sale Resolution shall be deerrred a part of this ordinance as ~f set Earth here~n~ The Mayor, pity Manager, and Finance Director are each separately authorised to execute and deliver, on behalf of the pity, such documents consistent with the provisions of this ordinanca for blch the pity's appra~al is necessary or to which the Oity is a party and that are related or incidental to the issuance and sale of the Bands. Section S. Re~i t~ration,and Tr~n~fer of Viand, Pursuant to R'~U` ~9,4~.~~, tha Band Safe lesolutran shall appoint the peiFson to sere as Bond Registrar and fiscal agent for the pity with respect to the Bonds, Which rriay be the Finance Dii•ectar ar may be the State's fiscal agent, The Band Registrar shall be authorized, on behalf of the Oity, to authenticate and deliver the Bands in accordance Frith the provisions of the Band Leglslat~an. Tha Bond shall be issued only in registered farm s t~ both principal and interest and shall be recorded on the Band register. The Bonds shall be issued only in registered farrri as to both principal and interest and shall be recorded in the Band Register. The Band Register shall contain the name and mailing address of the orner of each Bond and the principal amount and number of each of the Bands held by each onar the ".egistered Ov~ner"~. Additional provisions for the registration, assignment and transfer of the Bonds shall beset Earth in the Band Sale Resolution. 5193260.4 i Upon ~ deterrn~r~at~an by the ~~nance D~rctar that rrzalntenanee of the duties of the Band Registrar i no longer convenient, a hank or trust company organised under the laws of the State of v~'ashingtar~, or a national banking association having a capital and surplus aggregating at least. ~~O;OO~,OOa, if there be such a bark, trust can~pany or natlor~al banking assoclati~n grilling and able to accept the duties of Bond ~~istrar an reasonable aid custarnar~ ~errns ~.n~ authorised by lam to perform all the duties imposed upon it by this ordinance, shall be appointed by the council, The Band Registrar sha11 keep, or cause to be kept, at its office, sufficient books far the registration, assignment ar transfer of the Bonds, which books ha11 be aper~ to inspec~ian by the pity at all times, The Band Registrar is authorized, on behalf of the pity, to authenticate and deliver the Bonds transferred or exchanged in accordance with the provisions of the Bands and 1' this ordinance, to serve as the pity's pa~'ing agent far the Bands and to carry out all of the Band Registrar's pov~ers artd duties under this ordnance, The Band Registrar shall be responsible for its representations contained i the Bond Registrar's certificate of Authentication on the Bands. Section G, Payment of the, B nd. Bath principal of and interest an the Bonds sh11 be payable in la`ul money of the United States of America and shall be paid by electron~e transfer, check or draft as set Earth in the Band Sale Resolution, Upan receipt of the final i~astalln~ent payment of principal of and interest on a Bond, whether at maturity or upon prepa~rrient, the Registered finer shall present and surrender that Bond to the Baud Registrar to be dstrayed or cancelled in accordance with lair, The pity and the Baud Registrar may deerr~ ar~~ treat the Registered ~~rn.er of the Bonds as the absolute a~vner of the Bands far the purpose of receiving payment of principal and i~.terest and for all other purpases, and neither the pity nor the Bond Registrar shall be off ected b~ and notice to the cantr~u~y other than proper native ol~ assignment ar transfer, Section 7. Pre~~mcnt and Early ~cdcm~tio Pro~is,i~„n~„s,. The Band Sale esol~tian shall set forth at~y prepayment and provisions for aptianal or mandatory reei~pti~n prior to maturity and the applicable re~uii~enrients for notice to be given to the Registered ~rti~rs of any Bonds called for prepayrraent or redemption prior to maturity, interest an any pi~inci~al amount called far redemption shall cease to accrue cn the date fixed for redemption unless the principal amount called far redenrxptian is iaat paid on the redemption date, The Bond Resolution shall set forth the terms pursuant to which the Bands shall be prepaid in advance of its scheduled n~at~urity ~rhenever there shall be sufficient money in the I1ID Band Fund call and redeem a poi~ion of the outstanding principal amount of Bands, aver and above an amount sufficient for the ~ayinent of the interest next accruing an the Bandsr section 8. Failure to Pa ~ No Accele~r~tianr ff a~ Band or i'inci l instalrrient with ~ ~ p p respect thereto} is not paid ~rhen due, the pity ha11 be obligated to pay interest ari that unpaid principal at the same rate provided in the Bond until that installment, together Frith interest, is paid in full or until sufficient money for its payment in full is an deposit in the LII Bond Fund and the principal represented by such installment has been called for payinei~t by giving notice of that call to the Registered ~ ^7nrr The Bands are not subject to acceleration upon the occurrence of a payr~erit default. ec~ron 9. ecurlt~f~r_t~e ~nnds, Both principal of and interest on the Bonds sha11 be payable solely out of the I~I~ Bond Fund and the guaranty Fui~df ~sessn~cnts collected in the District, together with interest aril penalties, if any, are pledged to the payment of the Bonds, which are payable solely out of the I~ID Bond p`und ~ and the guaranty Fund, iri the manner prodded by law. The Bond is not a general obligation of the pity. section 10, ~"orrr~ ~n xecut~on of the Bonds, The Bonds shall be prepared in ~ form coris~stent with the provisions of this ordinance and state law and shall be signed by the ayar and pity lurk, either or bath of whose signatures inay be rnar~ual or in facsimile, and the Baal of the pity or ~. facsiixiile reproduction thcr~of shall be i~npxessed ar printed thereon. The Bonds will be printed at pity expense d delivered to the Purchaser in accordance with the offer better, together with the approving legal opinion of Foster Pepper P~f,, municipal bond counsel to the ity~ The Bonds shall bear a ertiflcate of Authentiaatior~ in the following farm, manually signal by the Bond Registrar, and only if so executed shall be valid or obligatory for any purpose or entitled ~to the benefits of this ardinancef `This Band is [one of the fully registered pity of Bainbridge Island, 'ashintan, ~aca1 Iix~proverrlent district No. ~~ Bond~s~, D1 1, described iii ~rdinaiace a. ~ 1 a-Z and Resolution Na. ~ 1 a-3 ~." The authari~ed signing off` a certificate of Authentication shall be conclusive evidence that the Band so authenticated has been duly executed, authenticated and delivered and Is entitled to the benefits of this ordinance, ~. ff any officeii whose facsirriile signature appears on a Band aeries to be an off icer of the pity authorized to sign bands before the Band bearing his or her facs~rnl~e signature are authenticated or delivered by the Bond Registrar cr issued by the pity, the Band nevertheless nay be authenticated, issued and delivered and, when authenticated, Issued and delivered, shall be as bind1ng on the City as though that person had continued to be ari officer of the pity authorized to sign bonds, Any Band also m.ay be signed on behalf of the pity by any person who, on the actual date of signing of tha Bond, is an af~icer ofthe pity authorized to sign bonds, although he or she did not 1~a1d the required office on the data of issuance of the Band, ectran 11. ~reservti~n of Tai ~~em~tron for,,, I,,~n_tex.~st. The pity ca~ena~ts that it will take all actions necessary to prevent interest an the Bonds from being included in gross income far federal income tax purposes, and it will neither take any action nor make or permit any use of proceeds of the Bonds or other funds of the pity treated as proceeds of the Bonds at any time during the term of the Bonds, which will cause interest an the Band to be Included In grass income for f decal in.came tax purposes, The it also ca~enant that it wi11, to the extent the arbitrage rebate requirement iu the bode is applicable to the Bonds, tape all actions necessary to aan~ply for to be treated as laavii~g corrlplied~ with that requirement in corinectian with the Band, including the calculation and payment of airy penalties that the pity has elected to pay as a1~ alternative to calculating rebatable arbitrage, and the payrrzent of any other penalties If required under section 148 of the bode to prevent interest on the Bonds from bung Included In grass income fot• federal income tax purposes. cctxan ~~, Desi nation of Bnn as " ualYfYed Tax-~cm t b~~ at~on." The pity has deterrriined and certifies that ~a~} the Bonds are not "private activity bonds" within the 5143260.4 meaning of section ~~1 of the bode; fib} the reasonably anticipated amount of tax~ernpt obligations father than private acti~it~ bonds and other obligations not required to be included in such calculation} which the pity and any entity subardinate to the pity including any ,entity that the 1ty controls, that derv f ~ It ~~~~arlt~ tV 1~~~~ t~fiw~~~~~,rt V~~1}~~tla~ ~ra t~V It 7 ~ ar ~~-ht issues tai-exerr~pt obligations on behalf of the qty} r1111ss~e ~.urln the calendar yep' In v~hlch the Band is issued mill not exceed ~ D,~D~,~00 for such greater lirr~itation a ~ ~~ in effect during the calendar year in which the Bands are issued}; and ~c~ the arnaunt of tai-e~en~pt obligations, including the Band., designated, Qr deemed designated, by the pity as "qualified tax e~en~pt obligations" for the purposes of section Z6~b~~3} ~f the bode during the calendar gear in which the Bonds are issued does not exceed $ ~ a,~04,04~ for such greater limitation s nay be in effect during the calendar year in which the Bands are issued}+ The pity designates the Bands as "qualified tai-exerrzpt abliations" far the purposes of ctian 2~~~b}~} of the hod., eetion 1. ~e~undin~ ~ ~efeasnc~ a af,th Viands, ~`he its issr~e re~undang bonds pursuant to the laws of the state of Washington or use money mailable from any other s lawful source to pad when due the principal of and interest on the Bands, or any portion thereof included in a refunding or efesance plan, and to redeem and retire, refund or defense the Bands and to pay the casts of the refunding 4i' defeaance, ff t~aney andlai~ "ga~ernrrrent obligations" has dcf incd in chapte~~ 9. S ~, as nay ar hereafter arr~endeal} ~turlrl at a t1 ~~i tin~cs and bearing interest in amounts together with money, if necessary} sufficient to redeem ,end retire, refund o~` defense the defeased portion of the Bonds in accordance with its terms are set aside In a special trust fund or cscro account irre~rocably pledged to that rdmptian, retirement ar defasance of defeased portion of the Bonds thereinafter called the "ti~ust account"}, then all right and interest of the owner of the defeased Bands in the covenants of this ordinance end in the funds and accounts obligated to the payment of the defcased portion of the Bonds shall cease and become void. The owner of the defeased Bonds shall have the right to receive pyrrient of the principal of .nd interest on the defeaed Bonds Pram the trust account, The pity shall include in the refunding or defeasnce plan such pro~r~sians as the pity deems necesa~r~r for the notice of the dfeasance to be given to the owner of the defeased Bonds. T`he defeased po~ian of the Bonds shall be deemed no longer outstanding, and the City inay apply any money ire any other fund or account established for the payment or redermption of the defesed portion of the Bands to any la~rf'ul purposes as it shall determine, section 1~. LII~ Bond fund, uaranty Fund and Bepos~t o~ Bond Frocee~. ~~~ ~. ~~~ ~o~ ~~c~~; ~e asr~ o ~4ssessr~~ts. Prior to the issuance of the >onds, an ~~ ~ ~ y many pn hand re resentin collections erta.iriin to re a rnents ar instl~rrients of Y p g p g p py assessrr~ents, and interest thereon, shall be transferred to and deposited in the LID l:ond l~ und; that money may be used far costs of tl~e Pro jest ar for tl~ie re~lerriptiar~ of Bonois, as ~.eterined by the Finance Director AlZ collections pertaining to assessments on the assessment roll of the LID that are collected after tine issuance of the Bands shall, when received be deposited in the LID Band Find, and until the Bonds are redeemed ar atherise provided far, thane ~collectiaris shall be used to pay interest ot~ or redeem a pardon of tine outstanding principal amount of` the Bonds, or to pay for casts of collecting delinquent assessments 5109320.4 fib} ~~ajec~ ~'~~; ~eos~~ of o ~~~cees. ~nles provided ath~rrie by the band Sale l~~solution, the principal proceeds received franc the sale and delivery of the Bonds sha11 be paid into or allocated to the Praj ect Fund, and thereafter such other funds, accounts, or subaccaunts ~of the pity as the Director of Finance nay. determine, and red to pay all ar past of the CQSts of the P1'O~~Ct, ~nt~l 17eeded to pay such costs, the lty ~xlay lnv~st the prlnclpal proceeds of~the Bonds tempara~~ily in y legal investment, and the investment earnings shall be deposited in the LSD bond fund, l~arnings subject to a federal tax or rebate requirement maybe ~ithdran frorri any such fund or account and used far those tax or rebate purposes Any proceeds of Bonds remaining after paying the costs o~'th Project, issuing and selling the lands, and far the purposes set forth in this section, ar after the pity council has determined that the expenditure of such bond proceeds far those purposes i no longer necessary or appropriate, nay be rased to pay principal of and interest an the lands consistent nth applicable lam. ~c} C~a~~~y ~'~~~. From assessments prepaid ar paid in the LSD, or other available funds, the ~~ shall deposit an amount in the guaranty Fund equal to approximately one annual principal and?interest payment an the Bands, or in such other amount a may be set forth in the Band Sale Resolution, consistent with the offer Letter, eetYOn ~~. Sac of Banff Pursuant t~ Banff ~~e Resolutions ~`he Purchaser has presented ~ Letter of ~~ltellt to the lty ~ndxcat~ng ltd lntereSt ~n purchasing the Bonds, subject to the cand~tions pravlded therein, Subject to approval by the pity council in a Bond dale Resolution, the Finance Director is authari~ed and directed to prepare far and conduct the sale of the Bond autl~ori~d by this ordinance on substantially similar terms as provided in the Letter of Intent and as further specified in the offer Letter, ectior~ 1. ~"ixin Interest bate pn Assessments. ~'he interest rate on the installments and delinquent payments of the special assessments in Laval ~mp~'avement District Na. ~~ shall be f~~ed in the Band Sale Resolution. eetion 17, ~enera~ A~thori~ation, ~'he 1VI~.yor, pity ll~anaer and the Finance Director, and each of the other appraprlate officers of the pity, are each authari~ed and directed to tape any actions and to execute documents a in their judgment nay be necessary or desirable to carry out the terms of, and complete the transactions canterriplated by, this ordinance including everything necessary for the prarrYpt delivery of the Bands to the Purchaser and for the proper application and use of the proceeds of the sale thereat}, ill other actions heretofore tal~en in fiu~therance hereof and not inconsistent with the provisions of this ordinance are hereby ratio ed and confirmed in all respects. cctioia 18~ evcr~b~lx ~f any provision of this ordinance shall be declared by any court of carripeter~t jurisdietlan to be contrary to la.~r, then such pra~ision sh~.ll be null and paid and shall be deemed separable frarrY the rerriainin provisions of this ordinance and shall in no may affect the validity of the other provisions of this ordinance or of the Bonds, ~~~~~~~~.~ 7 ec~iar~ ~9, ~~fective ~~~ of ~rd~na~nce.; This ordlr~anee shall tale effect and ba ~n farce frarr~ and after its passage and ~i~e dais fallo~rir~ its publicat~an ~ ~equi~~ed b~ lam. P ~ ~~ the its ~ounei~ and APP~~~ED ~~ the a~or of the City of Bainbrid~ Island, 'ashinton, at a regular open public meeting thereof, this 7t~' day of October, X01 ~, 1 Any ~~+{ ~~ C~.~~S, a~or ATTEST: r ° ~~~ ~asal~~d I~. ~a~saff, its lerl~ Foster Pepper o el ~II1ED 'V~ITH CITE LEA ~ctaber ~ 4, 2a 1 a FAED BY THE CITY O~TNIL; ~ctaber 7, ~a 1 ~ PUBI~I~ATI~N IATE~ ~~t~ber 29, 200 EFF~TIVE I]~TE~ No~~mber ~, VOID ~RDINAN~~ N0. ~a1a-~ s ~ n~~ 2~0.~ S 1~1\~11' l~ 1 14#~ Z, the undersigned, pity lr1~ of the pity of ~a~nhr~dge Island, ashinto~~ the "pity"}, hereby certify as fa~l~s; ~ , 7`he attached Dopy of ordinance No. 0 ~ ~-~ ~ the "0~*dinance"~ is a full, true and correct copy of an oxdina~ce dull passed at ~ regular meeting of the pity o~.ncil of the pity head at the regula~~ ~nectir~g place thereof an October 27, ~~ 1 ~, as that ordinance appea~~ an the minute boob of the pity; ar~d the ordinance mill be in full farce and effect fire days after publicatiar~ in the pity's official nespapcr, ~, A quorum of the rr~e~nhers of the pity auncil was present throughout the meeting and a n~aj ority of those n~ernbers present 'voted in the proper a~ne~~ fay the passage of the ~rdinancer IN l ~~~~`, l h~.ve hereunto set nay hand this ~7t~ day of ~ctaber, ~~ 1 ~. IT`Y ~~ ~~INBI~IDC~ IL-AND, AINTDN ~ r r l ~~ I~as~.lind ~]~ I~aaff, its lerl~ 51 X93264.4