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HomeMy WebLinkAbout4565 · 18 19 20 21 22 23 24 25 26 1 2 3 ORDJ:NANCE NO. .. 5 6 5 AN ORDINANCE RELATING TO LOCAL IMPROVEMENT DISTRICT NO. 344 AND ESTABLISHING LOCAL IMPROVEMENT FUND, DISTRICT NO. 344 ; FIXING THE AMOUNT, FORM, DATE, INTEREST RATES, AND MATURITY OF THE LOCAL IMPROVEMENT DISTRICT NO. 344 INSTALLMENT NOTE; AND FIXING THE INTEREST RATE ON· LOCAL IMPROVEMENT DISTRICT ASSESSMENT INSTALLMENTS. 4 5 6 7 WHEREAS, the City Council of the City of Auburn, 8 Washington heretofore has created Local Improvement District No. 344 for the improvement of Main Street; and, 9 10 11 WHEREAS, Chapter 35.45 RCW allows Local Improvement District improvements to be financed by means of installment 12 notes. 13 NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN DO ORDAIN AS FOLLOWS: 14 15 16 17 section 1. CREATION OF LOAN FUND AND DEPOSJ:T OF ASSESSMENTS. There is herein created and established in the office of the City Finance Director a special local improvement district fund for Local Improvement District No. 344 to be known and designated as Local Improvement Fund, District No. 344, hereinafter referred to as the "Loan Fund". All money presently on hand representing collections pertaining to installments of assessments and interest thereon in LID No. 344 shall be transferred to and deposited into the Loan Fund, and all collections pertaining to assessments on --------------..----.--------- Ordinance No. 4565 May 27, 1992 Page 1 19 20 21 22 23 24 1 2 3 be deposited into the Loan Fund to repay outstanding principal and interest on the installment note authorized herein. 4 Section 2. Local DESCR:IPT:ION OF :INSTALLMENT NOTE. 5 Improvement District No. 344 shall be financed by an 6 installment note issued to the City Water Fund. The note is 7 8 9 10 11 issued in the total principal amount of Seventy Thousand, Five Hundred, Sixty-one Dollars and Eight Cents ($70,561.08), being the total amount on the assessment rolls of LID No. 344 remaining uncollected after the expiration of the 3D-day interest-free prepayment period. The note shall be repaid 12 from future principal, interest, and penalty cha.rges made on 13 14 15 16 assessments for LID 344. Interest on the note shall be 6.5% per year. Section 3. :INSTALLMENT NOTES. Application of Local Improvement District No. 344 funds for the reduction of the 17 principal and interest amounts due on any note herein provided 18 to finance LID No. 344 improvements sha 11 be made not less than once each year beginning with the issue date thereof. The note issued sha 11 bear on the face thereof: (1) the name of the payee; (2) the number of the local improvement district from whose funds the note is payable; (3) the date of issue of the note; (4) the date on which the note, or the final installment thereon, shall become due; (5) the rate or rates 25 of interest, as provided herein, to be paid on the unpaid 26 ------------------------------ Ordinance No. 4565 May 27, 1992 Page 2 19 20 21 22 23 24 25 26 1 2 balance thereof; and, (6) the signatures and attestations of 3 the Mayor and City Clerk. 4 The reverse side of the installment note shall bear a 5 tabular payment record which shall indicate, at prescribed 6 installment dates, the receipt of any LID NO. :144 funds for the purpose of servicing the debt evidenced by said note. 7 8 9 10 Such receipts shall first be applied toward the interest due 11 on the unpaid balance of the note, and any additional moneys shall thereafter apply as a reduction of the principal amount thereof. The tabular payment record shall, in addition to the 12 13 above, show the unpaid principal balance due on the installment note, together with sufficient space I~pposite each 14 transaction affecting said note for the manual signature of 15 16 the Finance Director. Whenever there are insufficient funds in the Loan Fund to 17 meet any payment of installment interest due on any note 18 herein defaulted authorized, non-interest a bearing installment interest certificate shall be issued by the City Finance Director which shall consist of: (1) a written statement certifying the amount of such defauI·ted interest installment; (2) the name of the payee of the note to whom the interest is due; and, (3) the number of the local improvement district from whose funds the note and interest: thereon is payable. The certificate herein provided shall bear the ------------------------------ Ordinance No. 4565 May 27, 1992 Page 3 ._-~.".-.._..._- 20 21 1 2 manual signature of the Finance Director or his/her authorized 3 agent. The defaulted installment interest certificate so 4 issued shall be redeemed for the face amount thereof with any available funds in the local improvement guaranty fund. Whenever at the date of maturity of any installment note 5 6 7 there are insufficient funds in LID No. 344, due to 8 delinquencies in the collection of assessments, to pay the 9 final installment of the principal due thereon, the note shall 10 be redeemed with any available funds in the local improvement guaranty fund for the amount of said final installment. All certificates and notes are to become subject to the same redemption privileges as apply to any local improvement district bonds and warrants now accorded the prot4~ction of the local improvement guaranty fund as provided in Chapter 35.54 11 12 13 14 15 16 RCW; and, whenever a note issued as herein provided is 17 redeemed by said local improvement guaranty fund, such shall 18 be held therein as investments thereof in the same manner as 19 prescribed for other defaulted local improvement district obligations. Notwithstanding any other statutory provisions, the 22 installment note which is within the protection I~f the local 23 24 25 26 improvement guaranty fund law shall be considered a legal investment for any available surplus funds of t:he City and shall be considered a legal investment for all national and ------------------------------ Ordinance No. 4565 May 27, 1992 Page 4 19 20 1 2 shall be considered a legal investment for all national and 3 state banks, savings and loan institutions, and. any and all 4 other commercial banking or financial institutions to the same 5 extent that the local improvement district bonds and any 6 coupons issued pursuant to the provisions of Chapter 35.45 RCW have been and are legal investments for such institutions. This installment note may be transferred or sold by the city upon such terms or conditions and in such manner as the City 7 8 9 10 Council may determine, or may be issued to another fund of the 11 City: Provided, however, that the same shall no·t be sold at 12 less than par plus accrued interest. 13 Notwithstanding the provisions of this section, this note may be issued, and this note may be sold, in accordance with 14 15 16 Chapter 39.46 RCW. Section .. . The City of :INSTALLMENT NOTE--REFUNDING. 17 Auburn may refund the note authorized herein or the principal thereof then outstanding payable by the issuance of local 18 improvement district bonds pursuant to Chapter 3~).45 RCW and by the payment into the fund holding this no1:e the then 21 outstanding principal amount of such notes plus the interest 22 thereon accrued to the date of such refunding. The bonds 23 shall be: (1) payable from the Loan Fund; (2) payable no later 24 than the final payment date of the note being refunded; (3) be 25 in the same total principal amount as the outstanding 26 ------------------------------ Ordinance No. 4565 May 27, 1992 Page 5 20 21 22 23 24 25 26 1 2 the Loan Fund the City applies to the redemption of this note; 3 and, (4) be sold at not less than par plus accrued interest to date of delivery. Any interest payable on the bonds in excess 4 5 of the interest payable on assessment instalLDlents payable 6 into the Loan Fund shall be paid from the general fund of the City in accordance with RCW 35.45.065. The principal proceeds 7 8 9 and interest accrued to date of delivery of the bonds shall be paid into the Loan Fund and the note shall be redeemed on that 10 date. The City shall pay all costs and expenses of such 11 refunding from moneys available therefor. 12 Section 5. The Finance Director may UNDERFUND LOANS. 13 authorize the note to be purchased from the Water Fund by any 14 City Fund as may from time-to-time be appropriate. at the same interest rate as authorized herein. 15 16 Section 6. The City OPTIONAL REDEMPTION OF BONDS" 17 reserves the right and option to prepay the note élt any time. 18 Section 7. The interest INTEREST RATE ON ASSESSMENTS. 19 rate on the installments and delinquent payments of the special assessments in Local Improvement District No. 344 is fixed at the rate of 7% per annum. Section 8. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. ------------------------------ Ordinance No. 4565 May 27, 1992 Page 6 17 18 19 20 21 22 23 24 25 26 1 2 3 Section 9. This Ordinance shall take effect and be in force five (5) days from and after its passage, approval and 4 publication, as provided by. law. 5 0-/-9;z 0-/- 9;L &-/ -9;L. 6 PASSED: INTRODUCED: 7 APPROVED: 8 9 10 11 12 ATTEST: 13 14 ~ !1JJJ-ILLlw~ Rob1n Wohlhueter, City Clerk 15 16 APPROVED AS TO FORM: sà~~, City Attorney Published: /;;-/}-9d-' --------------------------.--- Ordinance No. 4565 May 27,1992 Page 7 ÆøI~~ MAYOR