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HomeMy WebLinkAbout51011 2 3 4 5 6 7 8 9 lO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ORDINANCE NO. 5 i 0 I AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN RELATING TO THE ISSUANCE AND SALE BY LAKE TAPPS PARKWAY PROPERTIES OF A SERIES OF VARIABLE RATE DEMAND BONDS, 1998 FOR THE PURPOSE OF CONSTRUCTION OF A PUBLIC PARK AND CERTAIN ROADWAY AND SEWER IMPROVEMENTS. WHEREAS, the City and The Lakeland Company (TLC), entered into the Lakeland annexation and Utilities Agreement in June, 1996 (as amended in May 1998) hereafter referred to as the "Pre-Annexation/Utilities Agreement"; and WHEREAS, the Pre-Annexation/Utilities Agreement provides that TLC shall develop and dedicate to the City a fifteen-acre park and that certain roadways and sewer infrastructure improvements shall be developed by TLC and dedicated to the City, even if the real property associated with the park, roadway, and sewer improvements has not yet been annexed by the City; and WHEREAS, the park, roadway, and sewer infrastructure improvements to be developed by TLC and subsequently dedicated to the City are identified on Exhibit "A", attached and incorporated by reference, and collectively hereafter referred to as the "TLC Project"; and WHEREAS, TLC proposes to finance construction of the TLC Project through the issuance of tax-exempt bonds; and Ordinance No. 5101 May 28, 1998 Page I 1 2 3 4 5 6 7 8 9 lOi 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 WHEREAS, subordinate Development Lake Tapps Parkway Properties was formed as a organization of NDC Housin9 and Economic Corporation (the "Corporation"), havin9 a 9roup exemption under Section 501(c) (3) of the Internal Revenue Code of 1986, and was formed for the purpose, inter alia, of sponsorin9 the construction of facilities such as the TLC Project; and WHEREAS, the stated purposes of the Corporation include the development of economic opportunities, includin9 job creation for minority and disadvantaged 9roups, the development of affordable housin9 opportunities, and the 9eneral "lessenin9 of the burdens of 9overnment" within the meanin9 of Treasury Regulations Section 1.501(c) (3)-l(d) (2); and WHEREAS, the TLC Project will serve these purposes by, amon9 other things, providin9 jobs through the actual construction and the subsequent development of the surroundin9 area; by providin9 access to one or more residential developments that will provide affordable housin~ opportunities; and by lessenin9 the burdens of the City by providin9 a cost effective means of financin9 the construction of the TLC Project; and WHEREAS, the creation of jobs and housing, and the TLC Project, are important to the City; and Ordinance No. 5101 May 28, 1998 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 16 17 18 19 20 21 22 23 24 25 26 WHEREAS, Project, are WHEREAS, the creation of jobs and housing, and important to the City; and the assistance and cooperation the TLC of the Corporation and Lake Tapps Parkway Properties will lessen the burdens of the City in furthering these interests; and WHEREAS, Lake Tapps Parkway Properties proposes to issue tax-exempt bonds (the "Bonds") Project; and WHEREAS, the City will to pay the costs of the TLC have no obligation or liability Project or the repayment of the requirements of federal tax law for the financing of the TLC Bonds; and WHEREAS, pursuant to the (Rev. Rul. 63-20, together with operating rules provided by Rev. Proc. 82-26 (the "Rulings")), prior to the financing, a political subdivision of the state must express its willingness to accept the TLC Project upon completion; and WHEREAS, Lake Tapps Parkway Properties has affirmed its intent to give all of its interests in the completed TLC Project fully and freely to the City completely upon its completion; and WHEREAS, the City Council hereby states its intent to receive, in full, the TLC Project, upon its completion and acceptance in accordance with City standards and specifications; Ordinance No. 5101 May 28, 1998 Page 3 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1 2 3 4 5 6 7 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, DO ORDAIN AS FOLLOWS: SECTION Properties. Bonds will Parkway Properties in accordance with proceedings approved by its Board and an Indenture of Trust between Lake Tapps Parkway Properties and Chase Manhattan Trust Company, National Association, as Trustee. Lake Tapps Parkway Properties represents that the Bonds will be issued in a principal amount 1. Bond Issuance by Lake Tapps Parkway Lake Tapps Parkway Properties represents that the be issued as a separate series by Lake Tapps sufficient to pay the budgeted costs of the costs of issuance. The City hereby approves the Bonds by Lake Tapps Parkway Properties TLC Project and the issuance of in a principal Bonds shall not either direct or Non-profit Corporation. For the and conveyance of the TLC City hereby approves Lake the purposes and activities of Lake as described in Section 4.1 of its amount not to exceed $5,000,000. The constitute a financial obligation or debt, indirect, of the City. SECTION 2. Approval of sole purpose of the construction Project under this Ordinance, the Tapps Parkway Properties, Tapps Parkway Properties Articles of Incorporation, and the Bonds to be issued by Lake Ordinance No. 5101 May 28, 1998 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Tapps Parkway Properties, subject to the conditions: (a) Lake Tapps Parkway Properties operate on a nonprofit basis; followin9 terms and shall at all times (b) Lake Tapps Parkway Properties' income shall in no event inure to the benefit of any private person; and (c) Upon completion of the TLC Project in accordance with the plans and specifications approved by the City, Lake Tapps Parkway Properties shall convey its entire interest in the TLC Project to the City free and clear of any encumbrance or obligation of any kind. SECTION 3. No Liability. Lake Tapps Parkway Properties represents that the Bonds to be issued by Lake Tapps Parkway Properties will be the debt and obligation of Lake Tapps Parkway Properties, payable solely from the proceeds of the Bonds and the proceeds of a letter of credit posted to secure repayment of the Bonds. The Bonds shall not be the debt or obligation of the City; and neither the City's approval of Lake Tapps Parkway Properties or the Bonds as provided for in this Ordinance, nor the City's acceptance or receipt of title to the TLC Project, shall result in, or be deemed to impose, any debt or obligation upon the City, and the Bonds shall so state. Ordinance No. 5101 May 28, 1998 Page 5 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1 2 3 4 5 6 7 8 9 SECTION 4. Maintenance after Construction of the TLC Project. the City's formal acceptance or receipt Project, the City shall incorporate the City's road, sewer and park system as sewer and public park," respectively. Upon the completion of the TLC Project and following of title to the TLC TLC Project into the a "public road, public The acceptance shall be deemed to be acknowledgment that the TLC Project is built in accordance with plans and specifications approved by the City. SECTION 5. Agreement to Accept Project. The City shall accept the TLC Project upon its completion in accordance with and the plans and specifications approved by City standards the City. SECTION 6. Authority to Carry Out Ordinance. The Mayor and the Finance Director of the City are each authorized to enter into such agreements and to take such actions as may be necessary to carry out the purpose of this Ordinance and to protect the rights and interests of the City consistent with the purposes of this Ordinance. SECTION 7. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Ordinance No. 5101 May 28, 1998 Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21' 22 23 24 25 26 SECTION 8. This Ordinance shall force five days from and after its publication as provided by law. take effect and be in passage, approval and INTRODUCED: June 1, 1998 PASSED: June 1, 1998 APPROVED: June 1, 1998 CHARLES A. BOOTH MAYOR ATTEST: ~D~n'ielle E. Daskam, City Clerk A~ROVED AS TO FORM: Michael J. Reynolds, City Attorney PUBLISHED: Ordinance No. 5101 May 28, 1998 Page 7 Highway 167 ~_ East Valley Highway om Kersey Way