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HomeMy WebLinkAboutDocuments Presented at the MeetingDistributed at the May 3, 2010 Finance Committee Meeting ' ' CITY OF AUBURN, WASHINGTON ORDINANCE NO. 6305 AN ORDINANCE of the City of Auburn, Washington, relating to contracting indebtedness; providing for the issuance of four series of limited tax general obligation bonds of the City in the aggregate principal amount of $31,990,000 for general City purposes to provide funds with which to (i) pay a portion of the costs to purchase additional office space near City Hall, to be known as the City Hall Annex, and associated property interests, equipment and appurtenances, (ii) carry out a current refunding of all of the City's outstanding Limited Tax General Obligation Bonds, 1998, and to pay the administrative costs of such refunding, (iii) pay for certain downtown infrastructure improvements in the City's revitalization area, and (iv) pay costs of issuance of the bonds; fixing the date, form, maturities, interest rates, terms and covenants of the bonds; establishing a bond redemption fund, a project fund and a project account; and approving the sale and providing for the delivery of the bonds to Seattle- Northwest Securities Corporation of Seattle, Washington. Passed May 3, 2010 This document prepared by: Foster Pepper PLLC 1111 Third Avenue, Suite 3400 Seattle, Washington 98101 (206) 447-4400 51051353.4 TABLE OF CONTENTS Page Section 1 . Definitions ...............................................................................................................2 Section 2 . Debt Capacity ..........................................................................................................4 Section 3. Authorization of Bonds .4 Section 4. Description of 2010A Bonds ...................................................................................4 Section 5. Description of 2010B Bonds 5 Section 6. Description of 2010C Bonds ...................................................................................6 Section 7. Description of 201 OD Bonds ...................................................................................6 Section 8. Registration and Transfer of Bonds .........................................................................7 Section 9. Payment of Bonds ..8 Section 10 . Redemption Provisions and Open Market Purchase of Bonds ..8 Section 11 . Notice of Redemption 12 Section 12 . Failure To Redeem Bonds 12 Section 13 . Pledge of Full Faith and Credit; Additional Pledges of Taxes 12 Section 14. Form and Execution of Bonds 13 Section 15 . Duties of Bond Registrar 14 Section 16 . Preservation of Tax Exemption for Interest on Tax-Exempt Bonds 14 Section 17 . Designation of Tax-Exempt Bonds as "Qualified Tax-Exempt Obligations............................................................................................................. 14 Section 18 . Election to Treat Build America Bonds as "Build America Bonds...................... . 15 Section 19 . Refunding or Defeasance of the Bonds .15 Section 20 . Bond Fund; Project Fund and Account; and Deposit of Bond Proceeds .16 Section 21 . Refunding of the Refunded Bonds .16 Section 22 . Call for Redemption of the Refunded Bonds .17 Section 23 . City Findings with Respect to Refunding .17 Section 24 . Approval of Bond Purchase Contract .18 Section 25 . Preliminary Official Statement Deemed Final .18 Section 26 . Undertaking to Provide Continuing Disclosure .18 Section 27 . Ratification .20 Section 28 . Effective Date of Ordinance ..................................................................................21 -i- 51051353.4 CITY OF AUBURN, WASHINGTON ORDINANCE NO. 6305 AN ORDINANCE of the City of Auburn, Washington, relating to contracting indebtedness; providing for the issuance of four series of limited tax general obligation bonds of the City in the aggregate principal amount of $31,990,000 for general City purposes to provide funds with which to (i) pay a portion of the costs to purchase additional office space near City Hall, to be known as the City Hall Annex, and associated property interests, equipment and appurtenances, (ii) carry out a current refunding of all of the City's outstanding Limited Tax General Obligation Bonds, 1998, and to pay the administrative costs of such refunding, (iii) pay for certain downtown infrastructure improvements in the City's revitalization area, and (iv) pay costs of issuance of the bonds; fixing the date, form, maturities, interest rates, terms and covenants of the bonds; cstablishing a bond redemption fund, a project fund and a project aceount; and approving the sale and providing for the delivery of the bonds to Seattle- Northwest Securities Corporation of Seattle, Washington. WHEREAS, the City of Auburn, Washington (the "City"), is in need of funds with which to finance the City Hall Annex Project (defined in Section 1, below), the estimated cost of which is $24,500,000; and the LRF Projects (defined in Section 1, below), the estimated cost of which is $8,000,000, and the City does not have available sufficient funds to pay the cost; and WHEREAS, pursuant to Ordinance No. 5160, the City issued its $4,000,000 par value Limited Tax General Obligation Bonds, 1998 (the "1998 Bonds"), for the purpose of providing funds to pay the costs of constructing a library to be owned and operated by the King County Rural Library District and related improvements, and by that ordinance reserved the right to redeem the 1998 Bonds prior to their maturity at any time on or after December l, 2008, at a price of par plus accrued interest to the date fixed for redemption; and WHEREAS, there are presently outstanding $2,235,000 par value of 1998 Bonds maturing on December 1, of each of the years 2010 through 2018, inclusive, and bearing various interest rates from 4.00% to 4.35% (the "Refunded Bonds"); WHEREAS, after due consideration, it appears to the City Council that the Refunded Bonds may be refunded by the issuance and sale of a series of limited tax general Qbligation bonds (the "2010A Bonds") so that a substantial savings will be effected by the difference between the principal and interest cost over the life of the 2010A Bonds allocable to the Refunding Plan (defined in Section 1, below) and the principal and interest cost over the life of the Refunded Bonds but for such refunding, which refunding will be effected by carrying out the Refunding Plan; and WHEREAS, to effect that refunding in the manner that will be most advantageous to the City, the City Council finds it necessary and advisable that certain Acquired Obligations (defined in Section l, below), bearing interest and maturing at such time or times as necessary to -1- 5105,353.4 accomplish the Refunding Plan, be purchased out of a portion of the proceeds of the 2010A Bonds; and WHEREAS, the City Council deems it to be in the best interest of the City to borrow money by the issuance of four series of limited tax general obligation bonds (the "Bonds") for general city purposes to provide funds to finance the City Hall Annex Project and the LRF Projects, to carry out the Refunding Plan and to pay the costs of issuance of the Bonds; and WHEREAS; Seattle-Northwest Securities Corporation has offered to purchase the Bonds authorized herein under the terms and conditions set forth in this ordinance in the form of a bond purchase contract; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DOES ORDAIN AS FOLLOWS: Section 1. Definitions. As used in this ordinance the following words shall have the following meanings: (a) "2010A Bonds" means the $4,385,000 par value Limited Tax General Obligation Improvement and Refunding Bonds, 2010A, of the City issued pursuant to and for the purposes provided in this ordinance. (b) "2010B Bonds" means the $20,365,000 par value Limited Tax General Obligation Bonds, 2010B (Taxable Build America Bonds - Direct Payment), of the City issued pursuant to and for the purposes provided in this ordinance. (c) "2010C Bonds" means $920,000 par value Limited Tax General Obligation Bonds, 2010C, of the City issued pursuant to and for the purposes provided in this ordinance. (d) "2010D Bonds" means the $6;320,000 par value Limited Tax General Obligation Bonds, 2010D (Taxable Build America Bonds - Direct Payment), of the City issued pursuant to and for the purposes provided in this ordinance. (e) "Acquired Obligations" means those United States Treasury Certificates of Indebtedness, Notes, and Bonds--State and Local Government Series and other direct, noncallable obligations of the United States of America purchased to accomplish the refunding of the Refunded Bonds as authorized by this ordinance. (f) "Bond Fund" means the Limited Tax General Obligation Bond Fund, 2010, created by this ordinance for the payment of the Bonds. (g) "Bond Register" means the books or records maintained by the Bond Registrar containing the name and mailing address of the owner of each Bond and the principal amount and number of Bonds held by each owner. (h) "Bond Registrar" means the Fiscal Agent. -2- SlO51353 4 (i) "Bonds" means, collectively, the 2010A Bonds, the 2010B Bonds, the 2010C Bonds and the 2010D Bonds. (j) "Build America Bonds" means, collectively, the 2010B Bonds and the 2010D Bonds. (k) "City" means the City of Auburn, Washington, a municipal corporation duly organized and existing under and by viriue of the laws of the state of Washington. (1) "City Hall Annex Project" means the acquisition of additional office space near City Hall, including associated property interests, equipment and appurtenances, to be known as the City Hall Annex, which acquisition shall not include Condominium Unit 390. (m) "City Hall Annex Project Account" means the account created within the City's Capital Projects Fund by this ordinance for the purpose of funding the City Hall Annex Project. (n) "Code" means the LJnited States Internal Revenue Code of 1986, as amended, and applicable rules and regulations promulgated thereunder. (o) "DTC" means The Depository Trust Company, New York, New York. (p) "Finance Director" means the Finance Director of the City. (q) "Fiscal Agent" means the fiscal agent of the State of Washington, as the same may be designated by the State from time to time. (r) "Letter of Representations" means the Blanket Issuer Letter of Representations dated February 18, 1997, between the City and DTC, as it may be amended from time to time. (s) "LRF Projects" mean the construction or reconstruction of the downtown improvements described in Resolution No. 4502, including, but not limited to, improvements to sidewalks, crosswalks, pedestrian street lighting, utility upgrades and other street improvements within the City's Revitalization Area. (t) "MSRB" means the Municipal Securities Rulemaking Board. (u) "Promenade Project Fund" means the fund created by this ordinance for the purpose of funding the LRF Projects. (v) "Rating Agency" means the nationally recognized rating agency or agencies, if any, at the time rating the Bonds at the request of the City. (w) "Refunded Bonds" means the outstanding Limited Tax General Obligation Bonds, 1998, of the City maturing in the years 2010 through 2018, inclusive, issued pursuant to Ordinance No. 5160, the refunding of which has been provided for by this ordinance. -3- 51051353.4 (x) "Refunding Plan" means: (i) the deposit with the Refunding Trustee of an amount of proceeds of the Bonds that (together with other money of the City, if necessary) will be sufficient to acquire the Acquired Obligations to be held, with cash, if necessary, by the Refunding Trustee; (ii) the payment of interest due on the Refunded Bonds on June 1, 2010, and the call, payment and redemption on June 14, 2010, of all of the outstanding Refunded Bonds at a price of par plus accrued interest; and (iii) the payment of the costs of carrying out the foregoing elements of the Refunding Plan. (y) "Refunding Trust Agreement" means a Refunding Trust Agreement between the City and the Refunding Trustee substantially in the form of that which is on file with the Finance Director and by this reference incorporated herein. (z) "Refunding Trustee" means U.S. Bank National Association of Seattle, Washington, serving as trustee or escrow agent or any successor trustee or escrow agent. (aa) "SEC" means the United States Securities and Exchange Commission. (bb) "Tax-Exempt Bonds" means, collectively, the 2010A Bonds and the 2010C Bonds. (cc) "Term Bonds" means those Build America Bonds maturing in the years 2025, 2030, 2034, and 2039 which are subject to mandatory redemption prior to maturity. Section 2. Debt Capacity. The assessed valuation of the taxable property within the City as ascertained by the last preceding assessment for City purposes for the calendar year 2010 is $7,809,499,809, and the City has outstanding general indebtedness evidenced'by limited tax general obligation bonds, notes, leases and conditional sales contracts (excluding the Refunded Bonds to be refunded by this ordinance) in the principal amount of $35,881,485 incurred within the limit of up to 11/z% of the value of the taxable property within the City permitted for general municipal purposes without a vote of the qualified voters therein, and has no outstanding unlimited tax general obligation bonds. The aggregate amount of indebtedness authorized to be issued by this ordinance is $31,990,000. Section 3. Authorization of Bonds. The City shall borrow money on the credit of the City and issue four series of negotiable limited tax general obligation bonds evidencing that indebtedness in the aggregate amount of $31,990,000 for general City purposes as further described below. The general indebtedness to be incurred shall be within the limit of up to 11/z% of the value of the taxable property within the City permitted for general municipal purposes without a vote of the qualified voters therein. Section 4. Description of 2010A Bonds. The 2010A Bonds shall be called Limited Tax General Obligation Improvement and Refunding Bonds, 2010A, of the City, issued to provide funds with which to (i) pay a portion of the costs of the City Hall Annex Project, (ii) -4- 51051753.4 carry out the Refunding Plan, and (iii) pay the costs of issuance and sale of the 2010A Bonds. The 2010A Bonds shall be in the aggregate principal amount of $4,385,000; shall be dated their date of delivery to the initial purchasers thereof; shall be in the denomination of $5,000 or any integral multiple thereof within a single maturity; shall be numbered separately in the manner and with any additional designation as the Bond Registrar deems necessary for purposes of identification; shall bear interest (computed on the basis of a 360-day year of twelve 30-day months) payable semiannually on each June 1 and December 1, commencing December 1, 2010, to the maturity of the 2010A Bonds; and shall mature on December 1 in the years and amounts and bear interest at the rates per annum as follows: Maturity Interest Years Amounts Rates 2010 $510,000 2.000% 2011 690,000 2.000 2012 705,000 3.000 2013 720,000 3.000 2014 745,000 4.000 2015 235,000 4.000 2016 250,000 4.500 2017 260,000 4.500 2018 270,000 4.500 The life of the capital facilities financed or refinanced with proceeds of the 2010A Bonds exceeds the term of the 2010A Bonds. Section 5. Description of 2010B Bonds. The 2010B Bonds shall be called Limited Tax General Obligation Bonds, 2010B (Taxable Build America Bonds - Direct Payment), of the City, issued to provide funds with which to pay a portion of the costs of the City Hall Annex Project and the costs of issuance and sale of the 2010B Bonds. The 2010B Bonds shall be in the aggregate principal amount of $20,365,000; shall be dated their date of delivery to the initial purchasers thereof; shall be in the denomination of $5,000 or any integral multiple thereof within a single maturity; shall be numbered separately in the manner and with any additional designation as the Bond Registrar deems necessary for purposes of identification; shall bear interest (computed on the basis of a 360-day year of twelve 30-day months) payable semiannually on each June 1 and December l, commencing December 1, 2010, to the maturity or earlier redemption of the 2010B Bonds; and shall mature on December 1 in the years and amounts and bear interest at the rates per annum as follows: -5- 51051351.4 Maturity Years Amounts Interest Rates 2015 $535,000 3.266% 2016 545,000 3.716 2017 560,000 4.120 2018 575,000 4.395 2019 590,000 4.495 2020 610,000 4.595 2025 3,360,000 5.295 2030 4,025,000 6.093 2039 9,565,000 6.243 The life of the capital facilities financed with proceeds of the 2010B Bonds exceeds the term of the 2010B Bonds. Section 6. Description of 2010C Bonds. The 2010C Bonds shall be called Limited Tax General Obligation Bonds, 2010C, of the City, issued to provide funds with which to pay a portion of the costs of the LRF Projects and to pay the costs of issuance and sale of the 2010C Bonds. The 2010C Bonds shall be in the aggregate principal amount of $920,000; shall be dated their date of delivery to the initial purchasers thereof; shall be in the denomination of $5,000 or any integral multiple thereof within a single maturity; shall be numbered separately in the manner and with any additional designation as the Bond Registrar deems necessary for purposes of identification; shall bear interest (computed on the basis of a 360-day year of twelve 30-day months) payable semiannually on each June 1 and December l, commencing December 1, 2010, to the maturity of the 2010C Bonds; and shall mature on December 1 in the years and amounts and bear interest at the rates per annum as follows: Maturity Years Amounts Interest Rates 2010 $105,000 2.000% 2011 195,000 2.000 2012 200,000 3.000 2013 205,000 3.000 2014 215,000 4.000 The life of the capital facilities financed or refinanced with proceeds of the 2010C Bonds exceeds the term of the 2010C Bonds. Section 7. Description of 2010D Bonds. The 2010D Bonds shall be called Limited Tax General Obligation Bonds, 2010D (Taxable Build America Bonds - Direct Payment), of the City, issued to provide funds with which to pay a portion of the costs of the LRF Projects and the costs of issuance and sale of the 2010D Bonds. The 2010D Bonds shall be in the aggregate -6- 51051353.4 principal amount of $6,320,000; shall be dated their date of delivery to the initial purchasers thereof; shall be in the denomination of $5,000 or any integral multiple thereof within a single maturity; shall be numbered separately in the manner and with any additional designation as the Bond Registrar deems necessary for purposes of identification; shall bear interest (computed on the basis of a 360-day year of twelve 30-day months) payable semiannually on each June 1 and December 1, commencing December l, 2010, to the maturity or earlier redemption of the 2010D Bonds; and shall mature on December 1 in the years and amounts and bear interest at the rates per annum as follows: Matur.ity Interest Years Amounts Rates 2015 $ 220,000 3.266% 2016 225,000 3.716 2017 230,000 4.120 2034 5,645,000 6.193 The life of the capital facilities financed with proceeds of the 2010D Bonds exceeds the term of the 2010D Bonds. Section 8. Registration and Transfer of Bonds. The Bonds shall be issued only in registered form as to both principal and interest and shall be recorded on the Bond Register. The Bond Register shall contain the name and mailing address of the owner of each Bond and the principal amount and number of each of the Bonds held by each owner. Bonds surrendered to the Bond Registrar may be exchanged for Bonds in any authorized denomination of an equal aggregate principal amount and of the same series, interest rate and maturity. Bonds may be transferred only if endorsed in the manner provided thereon and surrendered to the Bond Registrar. Any exchange or transfer shall be withoul cost to the owner or transferee. The Bond Registrax shall not be obligated to exchange or transfer any Bond during the 15 days preceding any principal payment or redemption date. The Bonds initially shall be registered in the name of Cede & Co., as the nominee of DTC. The Bonds so registered shall be held in fully immobilized form by DTC as depository in accordance with the provisions of the Letter of Representations. Neither the City nor the Bond Registrar shall have any responsibility or obligation to DTC participants or the persons for whom they act as nominees with respect to the Bonds regarding accuracy of any records maintained by DTC or DTC participants of any amount in respect of principal of or interest on the Bonds, or any notice which is permitted or required to be given to registered owners hereunder (except such notice as is required to be given by the Bond Registrar to DTC). For as long as any Bonds are held in fully immobilized form, DTC, its nominee or its successor depository shall be deemed to be the registered owner for all purposes hereunder and all references to registered owners, bondowners, bondholders or the like shall mean DTC or its nominee and shall not mean the owners of any beneficial interests in the Bonds. Registered ownership of such Bonds, or any portions thereof, may not thereafter be transferred except: (i) to any successor of DTC or its nominee, if that successor shall be qualified under any applicable -7- 51051353.4 laws to provide the services proposed to be provided by it; (ii) to any substitute depository appointed by the City or such substitute depository's successor; or (iii) to any person if the Bonds are no longer held in immobilized form. Upon the resignation of DTC or its successor (or any substitute depository or its successor) from its functions as depository, or a determination by the City that it no longer wishes to continue the system of book entry transfers through DTC or its successor (or any substitute depository or its successor), the City may appoint a substitute depository. Any such substitute depository shall be qualified under any applicable laws to provide the services proposed to be provided by it. If (i) DTC or its successor (or substitute depository or its successor) resigns from its functions as depository, and no substitute depository can be obtained, or (ii) the City determines that the Bonds are to be in certificated form, the ownership of Bonds may be transferred to any person as provided herein and the Bonds no longer shali be held in fizlly immobilized form. Section 9. Pavment of Bonds. Both principal of and interest on the Bonds shall be payable in lawful money of the United States of America. Interest on the Bonds shall be paid by checks or drafts of the Bond Registrar mailed on the interest pa~ment date to the registered owners at the addresses appearing on the Bond Register on the 15t day of the month preceding the interest payment date or, if requested in writing by a registered owner of $1,000,000 or more in principal amount of Bonds of a series prior to the applicable record date, by wire transfer on the interest payment date. Principal of the Bonds shall be payable upon presentation and surrender of the Bonds by the registered owners to the Bond Registrar. Notwithstanding the foregoing, for as long as the Bonds are registered in the name of DTC or its nominee, payment of principal of and interest on the Bonds shall be made in the manner set forth in the Letter of Representations. Section 10. Redemption Provisions and Open Market Purchase of Bonds. (a) Optional Redemption of Tax-Exempt Bonds. The Tax-Exempt Bonds shall be issued without the right or option of the City to redeem the Tax-Exempt Bonds prior to their stated maturity dates. (b) Optional Redemption of Build America Bonds. The City reserves the right and option to redeem the Build America Bonds prior to their stated maturity dates at any time on or after June 1, 2020, as a whole or in part, at a price equal to the principal amount to be redeemed, without premium, plus accrued interest to the date fixed for of redemption. (c) Extraordinary Optional Redemption. The City additionally reserves the right and option to redeem the Build America Bonds prior to their stated maturity dates at any time prior to June l, 2020, as a whole or in part, upon the occurrence of an Extraordinary Event, at the Extraordinary Opfional Redemption Price. An "Bxtraordinary Event" will have occurred if the City determines that a material adverse change has occurred to Section 54AA or Section 6431 of the Code ar there is any guidance published by the Internal Revenue Service or the United States Treasury with respect to such Sections or any other determination by the Internal -8- 51051353.4 Revenue Service or the United States Treasury, which determination is not the result of any act or omission by the City to satisfy the requirements to qualify to receive the 35% cash subsidy payment from the United States Treasury, pursuant to which the City's 35% cash subsidy payment from the United States Treasury is reduced or eliminated. "Extraordinary Optional Redemption Price" means the greater of (i) 100% of the principal amount of the Build America Bonds to be redeemed or (ii) the sum of the present values of the remaining scheduled payments of principal of and interest to the earlier of (A) the stated maturity date on the Build America Bonds to be redeemed or (B) the next available date on which the Build America Bonds may be optionally redeemed at a price of par (plus accrued interest, if any), discounted (on a semi-annual basis, assuming a 360-day year consisting of twelve 30-day months) to the date on which such Build America Bonds are to be redeemed at the Treasury Rate plus 100 basis points, plus, in each case, accrued interest on the Build America Bonds to be redeemed to the date fixed for redemption. "Treasury Rate" means, with respect to any date fixed for redemption for a particular Build America Bond, the yield to maturity as of such date of United States Treasury securities with a constant maturity (excluding inflation indexed securities, and as compiled and published in the most recent Federal Reserve Statistical Release H.15 (519) that has become publicly available as of the first Business Day that is at least thirty-five days prior to such scheduled redemption date or, if such Statistical Release is no longer published, any publicly available source of similar market data) most nearly equal to the period from such date to the stated maturity date of such Build America Bond. At the request of the Bond Registrar, the Extraordinary Optional Redemption Price shall be determined by an independent accounting firm, investment banking firm or financial advisor retained by the City at the Gity's expense. Absent manifest error, such determination shall be conclusive and binding on the City, the Bond Registrar and the Registered Owners, and neither the City nor the Bond Registrar shall be liable for relying on such determination. (d) Mandatory Redemption of Term Bonds. (i) 2014B Bonds. The 2010B Bonds maturing in 2025, 2030 and 2039 are Term Bonds and, if not redeemed under the optional or extraordinary optional redemption provisions set forth above or purchased in the open market under the provisions set forth below, shall be called for redemption pro rata at a price equal to the principal amount to be redeemed, without premium, plus accrued interest to the date fixed for redemptian, on December 1 in years and amounts as follows: -9- 51051353.4 2010B Term Bonds Maturing in 2025 Mandatory Redemption Years 2021 2022 2023 2024 2025* *maturity 2010B Term Bonds 1VIaturing in 2030 Mandatory Redemption Years 2026 2027 2028 2029 2030* *maturity Mandatory Mandatory Redemption Redemption Years Amounts 2010B Term Bonds Maturing in 2039 Mandatory Redemption Amounts $625,000 650,000 670,000 695,000 720,000 Mandatory Redemption Amounts $745,000 770,000 805,000 835,000 870,000 Mandatory Mandatory Redemption Redemption Years Amounts 2031 $ 900,000 2036 2032 940,000 2037 2033 975,000 2038 2034 1,015,000 2039 * 2035 1,060,000 *maturity $1,100,000 1,145,000 1,190,000 1,240,000 (ii) 2010D Bonds. The 2010D Bonds maturing in 2034 are Term Bonds and, if not redeemed under the optional or extraordinary optional redemption provisions set forth above or purchased in the open market under the provisions set forth below, shall be called for redemption pro rata at a price equal to the principal amount to be redeemed, without premium, plus accrued interest to the date fixed for redemption, on December 1 in years and amounts as follows: -10- 51051353.4 2010D Term Bonds Maturing in 2034 Mandatory ' Mandatory Redemption Redemption Years Amounts Mandatory Mandatory Redemption Redemption Years Amounts 2018 $240,000 2027 $340,000 2019 245,000 2028 . 355,000 2020 255,000 2029 365,000 2021 270,000 2030 380,000 2022 280,000 2031 395,000 2023 290,000 2032 415,000 2024 - 300,000 2033 430,000 2025 315,000 2034* 445,000 2026 325,000 *maturity (iii) Credit for Mandatory Redemption Amounts. If the City redeems under Section 10(a) or (b), purchases in the open market or defeases Term Bonds, the par amount of the Term Bonds so redeemed, purchased or defeased (irrespective of their actual redemption or purchase prices) shall be credited against one or more scheduled mandatory redemption amounts for those Term Bonds. The City shall determine the manner in which the credit is to be allocated and shall notify the Bond Registrar in writing of its allocation at least 60 days prior to the earliest mandatory redemption date for that maturity of Term Bonds for which notice of redemption has not already been given. (e) Partial Redemption of Bonds. Portions of the principal amount of any Bond, in installments of $5,000 or any integral multiple thereof, may be redeemed. If less than all of the principal amount of any Bond is redeemed, upon surrender of such Bond to the Bond Registrar, there shall be issued to the registered owner, without charge therefor, a new Bond (or Bonds, at the option of the registered owner) of like series, maturity and interest rate in any of the denominations authorized by this ordinance in the aggregate total amount remaining unredeemed. (f) Open Market Purchase. The City further reserves the right and option to purchase any or all of the Bonds in the open market at any time at any price acceptable to the City plus accrued interest to the date of purchase. (g) Selection of Bonds for Redemption. If fewer than all of the outstanding Build America Bonds of a series are to be redeemed prior to maturity, then (a) if the Build America Bonds are in book-entry form at the time of such redemption, the Bond Registrar shall instruct DTC to instruct the DTC Participants to select the specific Build America Bonds for redemption pro rata, and neither the City nor the Bond Registrar shall have any responsibility to ensure that DTC or the DTC Participants properly select such Build America Bonds for redemption, and (b) if the Build America Bonds are not then in book-entry form at the time of such redemption, on each date fixed for redemption, the Bond Registrar shall select the specific Build America Bonds for redemption pro rata. The portion of any Bonds of a denomination more than $5,000 to be redeemed shall be in the principal amount of $5,000 or any integral multiple thereo£ The Bond -11- 51051353.4 Registrar shall select such portions of Bonds to be redeemed in such manner as the Bond Registrar in its discretion may deem to be fair and appropriate. Notwithstanding the foregoing, for as long as the Build America Bonds are registered in the name of DTC or its nominee, selection of Bonds for redemption shall be in accordance with the Letter of Representations. (h) Cancellation of Bonds. All Bonds purchased or redeemed under this section shall be canceled. Section 11. Notice of Redemption. While the Bonds are held by DTC in book-entry only form, any notice of redemption shall be given at the time, to the entity and in the manner required by DTC in accordance with the Letter of Representations, and the Bond Registrar shall not be required to give any other notice of redemption. If the Bonds cease to be in book-entry only form, the City shall cause notice of any intended redemption of Bonds to be given by the Bond Registrar not less than 20 nor more than 60 days prior to the date fixed for redemption by first-class mail, postage prepaid, to the registered owner of any Bond to be redeemed at the address appearing on the Bond Register at the time the Bond Registrar prepares the notice, and the requirements of this sentence shall be deemed to have been fulfilled when notice has been mailed as so provided, whether or not it is actually received by the owner of any Bond. In the case of an optional redemption, the notice may state that the City retains the right to rescind the redemption notice and the related optional redemption of Bonds by giving a notice of rescission to the affected registered owners at any time prior to the scheduled optional redemption date. Any notice of optional redemption that is so rescinded shall be of no effect, and the Bonds for which the notice of optional redemption has been rescinded shall remain outstanding. Interest on Bonds called for redemption shall cease to accrue on the date fixed for redemption unless the Bond or Bonds called are not redeemed when presented pursuant to the call. In addition, the redemption notice shall be mailed within the same period, postage prepaid, to the Rating Agency at its principal offices in New York, New York, or its successor, to the MSRB and to such other persons and with such additional information as the City shall determine, but these additional mailings shall not be a condition precedent to the redemption of Bonds. Section 12. Failure To Redeem Bonds. If any Bond is not redeemed when properly presented at its maturity or call date, the City shall be obligated to pay interest on that Bond at the same rate provided in the Bond from and after its maturity or call date until that Bond, both principal and interest, is paid in full or until sufficient money for its payment in full is on deposit in the Bond Fund and the Bond has been called for payment by giving notice of that call to the registered owner thereof. Section 13. Pled2e of Full Faith a_nd Credit• Additional Pledges of Taxes. (a) The Bonds. For as long as any of the Bonds are outstanding, the City irrevocably pledges to include in its budget and levy taxes annually within the constitutional and statutory tax limitations provided by law without a vote of the electors of the City on all of the taxable property within the City in an amount sufficient, together with other money legally available and -12- 51051353.4 to be used therefor, to pay when due the principal of and interest on the Bonds, and the full faith, credit and resources of the City are pledged irrevocably for the annual levy and collection of those taxes and the prompt payment of that principal and interest. (b) The 2010A Bonds and 2010B Bonds - REET 1. The proceeds of real estate exeise tax authorized under RCW 82.46.010(2) ("REET 1"), which is imposed, collected and allocated to expenditures for capital projects by Ordinance No. 3418 of the City, are pledged, as necessary, to the payment of the 2010A Bonds and the 2010B Bonds. (c) The 2010C Bonds and 2010D Bonds - LRF Tax and REET 2. The proceeds received by the City of the sales and use tax authorized under RCW 82.14.505 and .510, which is imposed, collected and allocated by Ordinance No. 6031 of the City, are pledged, as necessary, to the payment of the 2010C Bonds and the 2010D Bonds. The proceeds of real estate excise tax authorized under RCW 82.46.035(2) ("REET 2"), which is imposed, collected and allocated to expenditures for capital projects by Ordinance No. 4871 of the City, are pledged, as necessary, to the payment of the 2010C Bonds and the 2010D Bonds. Section 14. Form and Execution of Bonds. Each series of Bonds shall be prepared in a form consistent with the provisions of this ordinance and state law and shall be signed by the Mayor and City Clerk, either or both of whose signatures may be manual or in facsimile, and the seal of the City or a facsimile reproduction thereof shall be impressed or printed thereon. Only Bonds bearing a Certificate of Authentication in the following form, manually signed by the Bond Registrar, shall be valid or obligatory for any purpose or entitled to the benefits of this ordinance: CERTIFICATE OF AUTHENTICATION This Bond is one of the fully registered City of Auburn, Washington, Limited Tax General Obligation [Improvement and Refunding] Bonds, [2010A/2010C] [2010B/2010D (Taxable Build America Bonds - Direct Payment)], described in the Bond Ordinance. WASHINGTON STATE FISCAL AGENT Bond Registrar By ~SPECIMENJ Authorized Signer The authorized signing of a Certificate of Authentication shall be conclusive evidence.that the Bond so authenticated has been duly executed, authenticated and delivered and is entitled to the benefits of this ordinance. If any officer whose facsimile signature appears on the Bonds ceases to be an officer of the City authorized to sign bonds before the Bonds bearing his or her facsimile signature are -13- 51051353.4 authenticated or delivered by the Bond Registrar or issued by the City, those Bonds nevertheless may be authenticated, issued and delivered and, when authenticated, issued and delivered, shall be as binding on the City as though that person had continued to be an officer of the City authorized to sign bonds. Any Bond also may be signed on behalf of the City by any person who, on the actual date of signing of the Bond, is an officer of the City authorized to sign bonds, although he or she did not hold the required office on the date of issuance of the Bonds. Section 15. Duties of Bond Re irar. The Bond Registrar shall keep, or cause to be kept, sufficient books for the registration and transfer of the Bonds, which shall be open to inspection by the City at all times. The Bond Registrar is authorized, on behalf of the City, to authenticate and deliver Bonds transferred or exchanged in accordance with the provisions of the Bonds and this ordinance, to serve as the City's paying agent for the Bonds and to carry out all of the Bond Registrar's powers and duties under this ordinance and City Ordinance No. 3905 establishing a system of registration for the City's bonds and obligations. The Bond Registrar shall be responsible for its representations contained in the Bond Registrar's Certificate of Authentication on the Bonds. The Bond Registrar may becorne the owner of Bonds with the same rights it would have if it were not the Bond Registrar and, to the extent permitted by law, may act as depository for and permit any of its officers or directors to act as members of, or in any other capacity with respect to, any committee formed to protect the rights of Bond owners. Section 16. Preservation of Tax Exemption for Interest on Tax-Exempt Bonds. The City covenants that it will take all actions necessary to prevent interest on the Tax-Exempt Bonds from being included in gross income for federal income tax purposes, and it will neither take any action nor make or permit any use of proceeds-of the Tax-Exempt Bonds or other funds of the City treated as proceeds of the Tax-Exempt Bonds at any time during the term of the Tax-Exempt Bonds which would cause interest on the Tax-Exempt Bonds to be included in gross income for federal income tax purposes. The City also covenants that it will, to the extent the arbitrage rebate requirement of Section 148 of the Code is applicable to the Tax-Exempt Bonds, take all actions necessary to comply (or to be treated as having complied) with that requirement in connection with the Tax-Exempt Bonds, including the calculation and payment of any penalties that the City has elected to pay as an alternative to calculating rebatable arbitrage, and the payment of any other penalties if required under Section 148 of the Code to prevent interest on the Tax-Exempt Bonds from being included in gross income for federal income tax purposes. Section 17. Designation of Tax-Exempt Bonds as "Qualified Tax-Exempt Obli atg ions." The City has determined and certifies that (a) the Tax-Exempt Bonds are not "private activity bonds" within the meaning of Section 141 of the Code; (b) the reasonably anticipated amount of tax-exempt obligations (other than private activity bonds and other obligations not required to be included in such calculation) which the City and any entity subordinate to the City (including any entity that the City controls, that derives its authority to issue tax-exempt obligations from the City, or that issues tax-exempt obligations on behalf of the City) will issue during the calendar year in which the Tax-Exempt Bonds are issued will not exceed $30,000,000; and (c) the amount of tax-exempt obligations, including the Tax-Exempt Bonds, designated by the City as "qualified tax-exempt obligations" for the purposes of Section 265(b)(3) of the Code during the calendar year in which the Tax-Exempt Bonds are issued does 51051353.4 -14- not exceed $30,000,000. The City designates the Tax-Exempt Bonds as "qualified tax-exempt obligations" for the purposes of Section 265(b)(3) of the Code Section 18. Election to Treat Build America Bonds as "Build America Bonds". The City hereby irrevocably elects to have Section 54AA of the Code apply to the Build America Bonds so that the Build America Bonds are treated as "build America bonds," and further to have Subsection 54AA(g) of the Code apply to the Build America Bonds so that the Build America Bonds are treated as "qualified bonds" with respect to which the City will be allowed a credit payable by the United States Treasury to or to the order of the City pursuant to Section, 6431 of the Code in an amount equal to 35% of the interest payable on the Build America Bonds on each interest payment date. The City hereby authorizes and directs the Finance Director (or his or her designee) to take such actions and enter into such agreements as are necessary or appropriate for the City to receive or cause to be received from the United States Treasury the applicable federal credit payments in respect of the Build America Bonds, including, but not limited to, the timely filing with the Internal Revenue Service of Form 8038-CP-"Return for Credit Payments to Issuers of Qualified Bonds" in the manner prescribed by Internal Revenue Service Notice 2009-26. The City covenants that it will comply with the provisions of the Code, compliance with which would result in the interest on the Build America Bonds being excluded from gross income for federal tax purposes but for the City's irrevocable election to have Section 54AA of the Code apply to the Build America Bonds. Section 19. Refunding~or Defeasance of the Bonds. The City may issue refunding bonds pursuant to the laws of the State of Washington or use money available from any other lawful source to pay when due the principal of and interest on the Bonds, or any portion thereof included in a refunding or defeasance plan, and to redeem and retire, refund or defease all such then-outstanding Bonds (hereinafter collectively called the "defeased Bonds") and to pay the costs of the refunding or defeasance. If money and/or "government obligations" (as defined in chapter 39.53 RCW, as now or hereafter amended) maturing at a time or times and bearing interest in amounts (together with money, if necessary) sufficient to redeem and retire, refund or defease the defeased Bonds in accordance with their terms are set aside in a special trust fund or escrow account irrevocably pledged to that redemption, retirement or defeasance of defeased Bonds (hereinafter called the "trust account"), then all right and interest of the owners of the defeased Bonds in the covenants of this ordinance and iri the funds and accounts obligated to the payment of the defeased Bonds shall cease and become void. The owners of defeased Bonds shall have the right to receive payment of the principal of and interest on the defeased Bonds from the trust account. The City shall include in the refunding or defeasance plan such provisions as the City deems necessary for the random selection of any defeased Bonds that constitute less than all of a particular maturity of the Bonds, for notice of the defeasance to be given to the owners of the defeased Bonds and to such other persons as the City shall determine, and for any required replacement of Bond certificates for defeased Bonds. The defeased Bonds shall be deemed no longer outstanding, and the City may apply any money in any other fund or account established for the payment or redemption of the defeased Bonds to any lawful purposes as it shall determine. If the Bonds are registered in the name of DTC or its nominee, notice of any defeasance of Bonds shall be given to DTC in the manner prescribed in the Letter of Representations for notices of redemption of Bonds. -15- 51051353.4 Section 20. Bond Fund; Project Fund and Account; and Deposit of Bond Proceeds. The Bond Fund is hereby created and established in the office of the City Finance Director as a special fund designated as the Limited Tax General Obligation Bond Fund, 2010, for the purpose of paying principal of and interest on the Bonds. All taxes collected for and allocated to the payment of the principal of and interest on the Bonds shall be deposited in the Bond Fund. A portion of the principal proceeds and premium, if any, received from the sale and delivery of the 2010A Bonds sufficient to carry out the Refunding Plan shall be deposited with the Refunding Trustee and used in accordance with the provisions of Section 21. There is also created and established in the office of the City Finance Director a special fund designated as the Promenade Project Fund. The principal proceeds and premium, if any, received from the sale and delivery of the 2010C Bonds and the 2010D Bonds shall be paid into the Promenade Project Fund and used to pay the costs of the LRF Project and the costs of issuance of the 2010C Bonds and 2010D Bonds. Until needed to pay such costs, the City may invest principal proceeds temporaxily in any legal investment, and the investment earnings may be retained in the Promenade Project Fund and be spent for the purposes of that fund. There is also created and established in the office of the City Finance Director a special account in the City's Capital Projects Fund designated as the City Hall Annex Project Account. The principal proceeds and premium, if any, received from the sale and delivery of the 2010A Bonds and 2010B Bonds shall be paid into the City Hall Annex Project Account and used to pay the costs of the Project and the costs of issuance of the 2010A Bonds and 2010B Bonds. Until needed to pay such costs, the City may invest principal proceeds temporarily in any legal investment, and the investment earnings may be retained in the City Hall Annex Project Account and be spent for the purposes of that account. Section 21. Refunding of the Refunded Bonds. (a) Appointment of Refunding Trustee. U.S. Bank National Association of Seattle, Washington, is appointed Refunding Trustee. (b) Use of 2010A Bond Proceeds• Acquisition of Acquired Obligations. A sufficient amaunt of the proceeds of the sale of the 2010A Bonds shall be deposited immediately upon the receipt thereof with the Refunding Trustee and used to discharge the obligations of the City relating to the Refunded Bonds under Ordinance No. 5160 by providing for the payment of the amounts required to be paid by the Refunding Pian. To the extent practicable, such obligations shall be discharged fully by the Refunding Trustee's simultaneous purchase of the Acquired Obligations, bearing such interest and maturing as to principal and interest in such amounts and at such times so as to provide, together with a beginning cash balance, if necessary, for the payment of the amount required to be paid by the Refunding Plan. The Acquired Obligations are listed and more particularly described in Exhibit A attached to the Refunding Trust Agreement between the City and the Refunding Trustee. Any 2010A Bond proceeds or other money deposited with the Refunding Trustee not needed to purchase the Acquired Obligations and provide a beginning cash balance, if any, shall be returned to the City at the time of delivery of the Bonds to the initial purchaser thereof and deposited in the Bond Fund to pay interest on the 2010A Bonds on the first interest payment date. -16- 51051353 4 (c) Administration of Refunding Plan. The Refunding Trustee is authorized and directed to purchase the Acquired Obligations and to make the payments required to be made by the Refunding Plan from the Acquired Obligations and money deposited with the Refunding Trustee pursuant to this ordinance. All Acquired Obligations and the money deposited with the Refunding Trustee and any income therefrom shall be held irrevocably, invested and applied in accordance with the provisions of Ordinance No. 5160, this ordinance, chapter 39.53 RCW and other applicable statutes of the State of Washington and the Refunding Trust Agreement. All necessary and proper fees, compensation, and expenses of the Refunding Trustee for the 2010A Bonds and all other costs incidental to the setting up of the escrow to accomplish the refunding of the Refunded Bonds shall be paid out of the proceeds of the 2010A Bonds. (d) Authorization for RefundingL Trust Agreement. To carry out the Refunding Plan provided for by this ordinance, the Mayor or the Finance Director of the City is authorized and directed to execute and deliver to the Refunding Trustee a Refunding Trust Agreement substantially in the form on file with the City Clerk and by this reference made a part hereof setting forth the duties, obligations and responsibilities of the Refunding Trustee in connection with the payment, redemption, and retirement of the Refunded Bonds as provided herein and stating that the provisions for payment of the fees, compensation, and expenses of such Refunding Trustee set forth therein are satisfactory to it. Prior to executing the Refunding Trust Agreement, the Mayor or the Finance Director of the City is authorized to make such changes therein that do not change the substance and purpose thereof or that assure that the escrow provided therein and the 2010A Bonds are in compliance with the requirements of federal law governing the exclusion of interest on the 2010A Bonds from gross income for federal income tax purposes. Section 22. Call for Rede=tion of the Refunded Bonds. The City calls for redemption on June 14, 2010, all of the Refunded Bonds at par plus accrued interest. Such call for redemption shall be irrevocable after the delivery of the 2010A Bonds to the initial purchaser thereof. The proper City officials are authorized and directed to give or cause to be given such notices as required, at the times and in the manner required, pursuant to Ordinance No. 5160 in order to effect the redemption prior to their maturity of the Refunded Bonds. Section 23. Citv Findinjzs with Respect to Refunding. The City Council of the City finds and determines that the issuance and sale at this time of the 2010A Bonds allocable to the Refunding Plan will effect a savings to the City and is in the best interest of the City and its taxpayers and in the public interest. In making such finding and determination, the City Council has given consideration to the fixed maturities of the 2010A Bonds and•the Refunded Bonds, the costs of issuance of the 2010A Bonds and the known earned income from the investment of the proceeds of the issuance and sale of the 2010A Bonds used in the Refunding Plan pending payment and redemption of the Refunded Bonds. ~ The City Council further finds and determines that the money to be deposited with the Refunding Trustee for the Refunded Bonds in accordance with Section 21 of this ordinance will discharge and satisfy the obligations of the City under Ordinance No. 5160 with respect to the Refunded Bonds, and the pledges, charges, trusts, covenants, and agreements of the City therein made or provided for as to the Refunded Bonds, and that the Refunded Bonds shall no longer be -17- 51051353.4 deemed to be outstanding under such ordinance immediately upon the deposit of such money with the Refunding Trustee. Section 24. Approval of Bond Purchase Contract. Seattle-Northwest Securities Corporation of Seattle, Washington, has presented a purchase contract (the "Bond Purchase Contract") to the City offering to purchase the Bonds under the terms and conditions provided in the Bond Purchase Contract, which written Bond Purchase Contract is on file with the City Clerk and is incorporated herein by this reference. The City Council finds that entering into the Bond Purchase Contract is in the City's best interest and therefore accepts the offer contained therein and authorizes its execution by City officials. The Bonds will be printed at City expense and will be delivered to the purchaser in accordance with the Bond Purchase Contract, with the approving legal opinion of Foster Pepper PLLC, municipal bond counsel of Seattle, Washington, regarding the Bonds. The proper City officials are authorized and directed to do everything necessary for the prompt deiivery of the Bonds to the purchaser and for the proper application and use of the proceeds of the sale thereof. Section 25. Preliminarv Official Statement Deemed Final. The City Council has been provided with copies of a preliminary official statement dated April 19, 2010 (the "Preliminary Official Statement"), prepared in connection with the sale of the Bonds. For the sole purpose of the Bond purchaser's compliance with SEC Rule 15c2-12(b)(1), the City "deems final" that Preliminary Official Statement as of its date, except for the omission of information as to offering prices, interest rates, selling compensation, aggregate principal amount per series, principal amount per maturity, maturity dates, options of redemption, delivery dates, ratings and other terms of the Bonds dependent on such matters. Section 26. Undertaking to Provide Continuing Disclosure. To meet the requirements of SEC Rule 15c2-12(b)(5) (the "Rule"), as applicable to a participating underwriter for the Bonds, the City makes the following written undertaking (the "Undertaking") for the benefit of holders of the Bonds: (a) Undertaking to Provide 'Annual Financial Information and Notice of Material Events. The City undertakes to provide or cause to be provided, either directly or through a designated agent, to the MSRB, in electronic format as prescribed by the MSRB, accompanied by identifying information as prescribed by the MSRB: (i) Annual financial information and operating data of the type included in the final official statement for the Bonds and described in subsection (b) of this section ("annual financial information"); (ii) Timely notice of the occurrence of any of the following events with respect to the Bonds, if material: (1) principal and interest payment delinquencies; (2) non-payment related defaults; (3) unscheduled draws on debt service reserves reflecting financial difficulties; (4) unscheduled draws on credit enhancements reflecting financial difficulties; (5) substitution of credit or liquidity providers, or their failure to perform; (6) adverse tax opinions or events affecting the tax-exempt status of the Bonds; -18- 51051753.4 (7) modifications to rights of holders of the Bonds; (8) Bond calls (other than scheduled mandatory redemptions of Term Bonds); (9) defeasances; (10) release, substitution, or sale of property securing repayment of the Bonds; and (11) rating changes; and (iii) Timely notice of a failure by the City to provide required annual financial information on or before the date specified in subsection (b) of this section. (b) T e of Annual Financial Information Undertaken to be Provided. The annual financial information that the City undertakes to provide in subsection (a) of this section: (i) Shall consist of (1) annual financial statements prepared (except as noted in the financial statements) in accordance with applicable generally accepted accounting principles promulgated by the Government Accounting Standards Board ("GASB") and made applicable to Washington state local governmental units such as the City, as such principles may be changed from time to time, which statements shall not be audited, except, however, that if and when audited financial statements are otherwise prepared and available to the City they will be provided; (2) a statement of authorized, issued and outstanding balance of general obligation debt; (3) the assessed value of property within the City subject to ad valorem taxation; and (4) ad valorem tax levy rates and amounts and percentage of taxes collected; (ii) Shall be provided not later than the last day of the ninth month after the end of each fiscal year of the City (currently, a fiscal year ending December 31), as such fiscal year may be changed as required or permitted by State law, commencing with the City's fiscal year ending December 31, 2009; and (iii) May be provided in a single or multiple documents, and may be incorporated by specific reference to documents available to the public on the Internet sebsite of the MSRB or filed with the SEC. (c) Amendment of Undertaking. The Undertaking is subject to amendment after the primary offering of the Bonds without the consent of any holder of any Bond, or of any broker, dealer, municipal securities dealer, participating underwriter, rating agency or the MSRB, under the circumstances and in the manner permitted by the Rule. The City will give notice to the MSRB of the substance (or provide a copy) of any amendment to the Undertaking and a brief statement of the reasons for the amendment. If the amendment changes the. type of annual financial information to be provided, the annual financial information containing the amended financial information will include a narrative explanation of the effect of that change on the type of information to be provided. (d) Beneficiaries. The Undertaking evidenced by this section shall inure to the benefit of the City and any holder of Bonds, and shall not inure to the benefit of or create any rights in any other person. (e) Termination of Undertaking. The City's obligations under this Undertaking shall terminate upon the legal defeasance of all of the Bonds. In addition, the City's obligations under this Undertaking shall terminate if those provisions of the Rule which require the City to comply with this Undertaking become legally inapplicable in respect of the Bonds for any reason, as -19- 51051353.4 confirmed by an opinion of nationally recognized bond counsel or other counsel familiar with federal securities laws delivered to the City, and the City provides timely notice of such termination to the MSRB. (f) Remedv for Failure to Comply with Undertaking. As soon as practicable after the City learns of any failure to comply with the Undertaking, the City will proceed with due diligence to cause such noncompliance to be corrected. No failure by the City or other obligated person to comply with the Undertaking shall constitute a default in respect of the Bonds. The sole remedy of any holder of a Bond shall be to take such actions as that holder deems necessary, including seeking an order of specific performance from an appropriate court, to compel the City or other obligated person to comply with the Undertaking. (g) Designation of Official Responsible to Administer Undertaking. The Finance Director of the City (or such other officer of the City who may in the future perform the duties of that office) or his or her designee is authorized and directed in his or her discretion to take such further actions as may be necessary, appropriate or convenient to carry out the Undertaking of the City in respect of the Bonds set forth in this section and in accordance with the Rule, including, without limitation, the fallowing actions: (i) Preparing and filing the annual financial information undertaken to be provided; (ii) Determining whether any event specified in subsection (a) has occurred, assessing its materiality with respect to the Bonds, and, if material, preparing and disseminating notice of its occurrence; (iii) Determining whether any person other than the City is an "obligated person" within the meaning of the Rule with respect to the Bonds, and obtaining from such person an undertaking to provide any annual financial information and notice of material events for that person in accordance with the Rule; (iv) Selecting, engaging and compensating designated agents and consultants, including but not limited to financial advisors and legal counsel, to assist and advise the City in carrying out the Undertaking; and (v) Effecting any necessary amendment of the Undertaking. Section 27. Ratification. All actions previously taken in accordance with this ordinance are hereby ratified and confirmed. -20- 51051353.4 Section 28. Effective Date of Ordinance. This ordinance shall take effect and be in force from and after its passage and five days following its publication as required by law. PASSED by the City Council and APPROVED by the Mayor of the City of Auburn, Washington, at a regular open public meeting thereof, this 3`d day of May, 2010. Peter B. Lewis, Mayor ATTEST: City Clerk APPROVED AS TO FORM: Bond Counsel PUBLISHED: -21- 51051353.4 CERTIFICATION I, the undersigned, City Clerk of the City of Auburn, Washington (the "City"), hereby certify as follows: 1. The attached copy of Ordinance No. 6305 (the "Ordinance") is a full, true and correct copy of an ordinance duly passed at a regular meeting of the City Council of the City held at the regular meeting place thereof on May 3, 2010, as that ordinance appears on the minute book of the Gity; and the Ordinance will be in full force and effect five days after publication in the City's official newspaper. 2. A quorum of the members of the City Council was present throughout the meeting and a majority of those members present voted in the proper manner for the passage of the Ordinance. IN WITNESS WHEREOF, I have hereunto set my hand this 3rd day of May, 2010. CITY OF AUBURN, WASHINGTON City Clerk 51051353.4 DRAFT DATED 5/3/2010 REFUNDING TRUST AGREEMENT THIS AGREEMENT is made and entered into as of the 13th day of May, 2010, by and between CITY OF AUBURN, WASHINGTON (the "City"), a municipal corporation, and U.S. BANK NATIONAL ASSOCIATION of Seattle, Washington (the "Refunding Trustee"). WHEREAS, the City now has outstanding $2,235,000 par value of its Limited Tax General Obligation Bonds, 1998 maturing on December 1 of each of the years 2010 through 2018, inclusive, and bearing interest at various rates ranging from 4.00% to 4.35% (the "Refunded Bonds"); and WHEREAS, pursuant to Ordinance No. 6305 of the City (the "Bond Ordinance"), the City has determined that the Refunded Bonds be refunded out of the proceeds of the sale of its Limited Tax General Obligation Improvement and Refunding Bonds, 2010A (the "Bonds"), for the purpose of realizing a debt service savings for the City; and WHEREAS, the payment, through eurrent refunding of the Refunded Bonds will be accomplished pursuant to this Refunding Trust Agreement (including Exhibit A attached hereto) and the Bond Ordinance, which documents provide for and, for the purpose of Sections 103, 148, and 149(d) of the Internal Revenue Code of 1986, as amended (the "Code"), are to be considered as the Refunding Plan, by: (a) The delivery by the City to the Refunding Trustee of the proceeds of the Bonds allocated to the Refunding Plan; (b) The purchase by the Refunding Trustee of the noncallable direct obligations of the United States of America listed on Exhibit A attached hereto and made a part hereof by this reference (the "Acquired Obligations") at or prior to the date the Bonds are delivered to the original purchaser thereof and the City receives full payment therefor (the "Date of Closing"), which Acquired Obligations satisfy the requirements of the Certification described in paragraph (c); (c) The delivery to the City and the Refunding Trustee of a certification of escrow sufficiency prepared by Seattle-Northwest Securities Corporation dated May 13, 2010 (the "Certification"), certifying the mathematical accuracy of the computations (which computations shall be attached to that Certification) showing that the Acquired Obligations to be purchased by the Refunding Trustee pursuant to the Bond Ordinance and this Refunding Trust Agreement, together with the specified beginning cash balance, if any, and the maturing principal of and interest on such Acquired Obligations, will provide suff'icient money (assuming that all principal of and interest on the Acquired Obligations are paid on the due dates thereof and assuming no reinvestment of 51064961.1 such maturing principal and interest) to pay interest on the Refunded Bonds when due on 3une 1, 2010, and to call, pay and redeem on June 14, 2010, all of the outstanding Refunded Bonds at a price of par plus accrued interest; and (d) The receipt by the Refunding Trustee of the maturing installments of principal of and interest on the Acquired Obligations; and (e) The Refunding Trustee's payment to the fiscal agent of the State of Washington of money sufficient to make the payments on the Refunded Bonds set forth herein; and WHEREAS, upon the issuance of the Bonds to carry out the Refunding Plan under the authority of chapter 39.53 RCW and other laws of the State of Washington (collectively, the "Refunding Bond Act"), the principal amount of the Refunded Bonds no longer shall be considered outstanding pursuant to the defeasance provisions of Ordinance No. 5160 that authorized the issuance of the Refunded Bonds (the "Refunded Bond Ordinance"); and WHEREAS, the City Council of the City has found that the refunding of the Refunded Bonds, through the issuance of the Bonds, is beneficial and will realize a debt service savings to the City and its tax payers; and WHEREAS, the City Council of the City, pursuant to the Bond Ordinance, has duly and validly authorized the execution and delivery of this Refunding Trust Agreement, the delivery of the proceeds of the Bonds allocable to the Refunding Plan to the Refunding Trustee, the purchase by the Refunding Trustee of the Acquired Obligations and the carrying out of the Refunding Plan; NOW, THEREFORE, in consideration of the mutual covenants hereinafter contained and for the benefit of the City, the parties hereto agree as follows: Section 1. Deliverv of Money to Refundingi Trustee. On the Date of Closing, the City shall cause to be delivered to the Refunding Trustee $2,285,619.02 of the proceeds of the Bonds allocated to the Refunding'Plan. Section 2. Investment and Expenditure of Money. On the Date of Closing, the Refunding Trustee shall apply $2,285,268.00 to pay on behalf of the City the purchase and/or subscription prices of the Acquired Obligations, from the sources, in the principal amounts, with the dates of maturity and bearing the interest rates or yields set forth in Exhibit A, and $1.02 to establish a beginning cash balance. Upon receipt thereof, the Refunding Trustee shall deliver to the City copies of the documents evidencing the purchase of and payment for the Acquired Obligations. Investments in mutual funds and unit investment trusts are prohibited. On the Date of Closing, the Refunding Trustee shall retain the remaining $350.00 received as payment of its fee as Refunding Trustee. -2- 51064961.1 _ Section 3. Sufficiency of Acquired Obli atg ions. Based upon the Certification, the City represents that the Acquired Obligations •and the maturing principal thereof and the interest thereon, if paid when due, together with the beginning cash balance, shall be sufficient to make when due the payments required by the Refunding Plan. Such amounts coming due are sometimes referred to hereinafter as the "payments described in Section 3." The schedules of the sources, amounts, maturities, and interest rates or yields of the Acquired Obligations and of the Refunded Bonds that will fulfill the foregoing requirements are set forth in the Certification. Section 4. Collection of Proceeds of Acquired Obligations and Application of Such Proceeds and Monev. The Refunding Trustee shall present for payment and shall collect and receive on the due dates thereof the maturing installments of the principal of and the interest on the Acquired Obligations. The Refunding Trustee shall make payments, but only in the amounts received pursuant to this section, in a timely manner to the Fiscal Agent of the State of Washington (the "Fiscal Agent") of the amounts to be paid on the Refunded Bonds as shown in the Certification. Those payments shall be made by check, wire transfer, or such other method of transfer of funds as shall be agreed upon by the Refunding Trustee and the Fiscal Agent. Section 5. Notice of Defeasance/Notice of Redemption. The Refunding Trustee agrees to give a notice of defeasance and notice of redemption of the Refunded Bonds pursuant to the terms of the Refunded Bonds, and in substantially the form attached hereto as and as described in Exhibit B, to the Fiscal Agent for distribution as described therein. The notice shall be given immediately following the execution of this Refunding Trust Agreement in accordance with the Refunded Bond Ordinance. The cost of giving the notice shall be paid by the City. Section 6. All Obligations and Money and Proceeds Thereof Held in Trust. The Refunding Trustee irrevocably agrees to hold the Acquired Obligations, the principal thereof and interest thereon, and any other money it may receive pursuant to this Refunding Trust Agreement and any reinvestments thereof, in trust and separate at all times from all other funds and investments held by the Refunding Trustee, solely for the purpose of making the payments described in Section 3. The City irrevocably conveys, transfers, and assigns to the Refunding Trustee the Acquired Obligations, the principal thereof and the interest thereon, and any other money and investments deposited with the Refunding Trustee pursuant to this Refunding Trust Agreement, for the purpose of making such payments. The Refunding Trustee shall not sell, transfer, assign, or hypothecate any Acquired Obligations except pursuant to Sections 10 and 11 hereof. Section 7. Amendments to Refunding Trust Agreement. The Refunding Trustee and the City recognize that the owners of the Refunded Bonds and the Bonds from time to time have a beneficial interest in the Acquired Obligations and money to be held by the Refunding Trustee as herein provided. Therefore, this Refunding Trust Agreement is irrevocable and shall not be subject to amendment except for the purpose of clarifying any ambiguity herein, increasing the protection of the rights of the owners of the Refunded Bonds or the Bonds, or preserving the exclusion of the interest on the Refunded Bonds and the Bonds from gross income for federal income tax purposes, and only if such amendment is accompanied by an opinion addressed to the City and the Refunding Trustee from Foster Pepper PLLC, its successor or other nationally -3- 51064961.1 recognized bond counsel to the City, to the effect that such change is necessary for one of the above reasons and does not detrimentally affect the owners of the outstanding Refunded Bonds and the Bonds or that it strengthens the protection of the owners of the Refunded Bonds and the Bonds and does not detrimentally affect the owners of the Refunded Bonds and the Bonds. If such amendment affects the amount of money and investments in the escrow account or the application thereof, prior to the amendment's taking effect there also shall be a verification by a nationally recognized independent certified public accounting firm satisfactory to the Reftmding Trustee to the effect that after such amendment the Acquired Obligations and other money in the escrow account will be sufficient to make the payments described in Section 3. A copy of such verification shall be delivered to the Reftmding Trustee. Section 8. Limitation of Liability of Refunding Trustee. None of the provisions contained in this Refunding Trust Agreement shall require the Refunding Trustee to use or advance its own funds in the performance of any of its duties or the exercise of any of its rights or powers hereunder. The Refunding Trustee shall be under no liability for the payment of interest on any funds or other property received by it hereunder except to the extent the Refunding Trustee is required by the express terms of this Refunding Trust Agreement to invest such funds. The Refunding Trustee's liabilities and obligations in connection with this Refunding Trust Agreement are confined to those specifically described herein. The Reftmding Trustee is authorized and directed to comply with the provisions of this Refunding Trust Agreement and is relieved from all liabiTity for so doing notwithstanding any demand or notice to the contrary by any party hereto. The Refunding Trustee shall not be responsible or liable for the sufficiency, correctness, genuineness, or validity of the Acquired Obligations deposited with it; the performance or compliance by any party other than the Reftmding Trustee with the terms or conditions of any such instruments; or any loss which may occur by reason of forgeries, false representations, or the exercise of the Refunding Trustee's discretion in any particular manner unless such exercise is negligent or constitutes willful misconduct. If any controversy arises between the City and any third person, the Refunding Trustee shall not be required to determine the same or to take any action in the premises, but it may institute, in its discretion, an interpleader or other proceedings in connection therewith as it may deem proper, and in following either course, it shall not be liable. Section 9. Remittance of Funds When Refunded Bonds Paid in Full. At such time as the Refunding Trustee has received the representation of the City that all of the payments described in Section 3 have been made and the confirmation of such representation by the Fiscal Agent, together with such other evidence of such payments as shall be satisfactory to the City and the Refunding Trustee, the Reftmding Trustee shall deliver forthwith or remit to the City any remaining Acquired Obligations and money held pursuant to this Refunding Trust Agreement. Section 10. Compensation of Refunding Trustee. The payment arrangement heretofore made between the Refunding Trustee and the City (attached hereto as Exhibit C and by this reference made a part hereof) on compensation and expenses of the Refunding Trustee for services rendered by it pursuant to the provisions of this Refunding Trust Agreement is -4- SI064961.1 satisfactory to it and to the City, and no further payment to the Refunding Trustee shall be required for such purpose. Such arrangement for compensation and expenses is intended as compensation for the ordinary services as contemplated by this Refunding Trust Agreement, and if the Refunding Trustee renders any service hereunder not provided for in this Refunding Trust Agreement, or the Refunding Trustee is made a party to or intervenes in any litigation pertaining to this Refunding Trust Agreement or institutes interpleader proceedings relative hereto, the Refunding Trustee shall be compensated reasonably by the City for such extraordinary services and reimbursed for all fees, costs, liability, and expenses (including reasonable attorneys' fees) occasioned thereby. The Refunding Trustee shall not haye a lien against or otherwise be compensated for its services and expenses from the money or Acquired Obligations held pursuant to this Refunding Trust Agreement to make the payments described in Section 3. Section 11. Successor Refunding Trustee. The obligations assumed by the Refunding Trustee pursuant to this Refunding Trust Agreement may be transferred by the Refunding Trustee to a successor if (a) the Refunding Trustee has presented evidence satisfactory to the City and to Foster Pepper PLLC, its successor or other nationally recognized bond counsel to the City that the suecessor trustee meets the requirements of RCW 39.53.070, as now in effect or hereafter amended; (b) the City approves the appointment of the successor trustee; (c) the successor trustee has assumed all of the obligations -of the Refunding Trustee under this Refunding Trust Agreement and has been compensated; and (d) all of the Acquired Obligations, and money then held by the Refunding Trustee pursuant to this Refunding Trust Agreement have been duly transferred to such successor trustee. Notwithstanding anything to the contrary contained in this Agreement, any company into which the Refunding Trustee may be merged or converted or with which it may be consolidated or any company resulting from any merger, conversion, or consolidation to which the Refunding Trustee is a party, or any company to which the Refunding Trustee may sell or transfer all or substantially all of its corporate trust business shall be the successor to the Refunding Trustee without execution or filing of any paper or further act, if such company is eligible to serve as Refunding Trustee under RCW 39.53.070. Section 12. Miscellaneous. This Refunding Trust Agreement is governed by Washington law without regard to the conflict of laws provisions thereof and may not be modified except by a writing signed by the parties and subject to the limitations of Section 7. If any one or more of the provisions contained in this Refunding Trust Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions of this Refunding Trust Agreement, but this Refunding Trust Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Section 13. Notice to Rating AA e_~ncies. The Refunding Trustee shall notify all national rating agencies maintaining (at the request of the City) a rating on the Refunded Bonds or the Bonds, in writing upon timely receipt of notice or evidence of either of the following circumstances: -5- 51064961.1 (a) Prior to their taking effect, any amendments to this Refunding Trust Agreement under Section 7, enclosing the proposed amendatory documents; and (b) The holding (referred to in Section 12) that one or more provisions of this Refunding Trust Agreement are invalid, illegal, or unenforceable in any respect, enclosing a copy of that holding. Such notices shall be sent to the applicable rating agencies by first class mail to the addresses advised by those rating agencies. Section 14. Counterparts. This Agreement may be executed in counterparts. IN WITNESS WHEREOF, the parties have executed and delivered this Refunding Trust Agreement pursuant to due and proper authorization, all as of the date and year first above written. CITY OF AUBURN, WASHINGTON U.S.BANK NATIONAL ASSOCIATION, as Refunding Trustee By $y - Title; -6- 51064961.1 EXHIBIT A CITY OF AUBURN, WASHINGTON LIMITED TAX GENERAL OBLIGATION IMPROVEMENT AND REFUNDING BONDS, 2010A ACQUIRED OBLIGATIONS MATURITY PAR INTEREST TYPE* DATE AMOUNT RATE CERT 6/01/2010 $ 47,120 0.000% CERT 6/14/2010 2,238,148 0.013% *CERT - United States Treasury Certificate of Indebtedness--State and Local Government Series 5106496L1 EXHIBIT B Notice of Redemption/Defeasance* City of Auburn, Washington Limited Tax General Obligation Bonds,1998 NOTICE IS HEREBY GIVEN that the City of Auburn, Washington (the "City"), has called for redemption on June 14, 2010, all of its outstanding Limited Tax General Obligation Bonds, 1998 (the "Refunded Bonds"). The Refunded Bonds will be redeemed at a price of one hundred percent (100%) of their principal amount, plus accrued interest to June 14, 2010. The redemption price of the Refunded Bonds is payable on presentation and surrender of the Refunded Bonds at the office o£ [By Mail or in Person] ~ The Bank of New York Mellon Worldwide Securities Processing 2001 Bryan Street, 9th Floar Dallas, TX 75201 -or- [In Person Only] Any branch of Wells Fargo Bank, National Association in the State of Washington Interest on all of the Refunded Bonds or portions thereof which are redeemed shall cease to accrue on June 14, 2010. The following Refunded Bonds are being redeemed: City of Auburn, Washington Limited Tax General Obligation Bonds, 1998 (Dated October 1, 1998) Maturity Date Par Amount Interest CUSIP (December 1 ) Redeemed Rate No. 2010 $210,000 4.00% 050609 FLS 2011 220,000 4.10 050609 FM3 2012 230,000 4.10 050609 FN1 2013 235,000 4.20 050609 FP6 2014 245,000 4.20 050609 FQ4 2015 255,000 430 050609 FR2 2016 270,000 430 050609 FSO 2017 280,000 4.30 050609 FT8 2018 290,000 4.35 050609 FUS This notice shall be given immediately by first class mail to each registered owner of the Refunded Bonds, to the MSRB, to Moody's Investors Serivice Inc., and Standard & Poor's at their principal offices in New York, New York, to Seattle-Northwest Securities Corporation at its principal office in•Seattle, Washington, and to MBIA Insurance Corporation (Policy #27706) at its offices in Armonk, New York. 51064961,1 NOTICE IS FURTHER GNEN to the owners of the Refunded Bonds with respect to which, pursuant to the Refunding Trust Agreement dated May 13, 2010, by and between the City and U.S. Bank National Association (the "Refunding Trustee"), there has been deposited into an escrow account, held by the Refunding Trustee, cash and non-callable direct obligations of the United States of America, the principal of and interest on which, when due, will provide money to pay to the redemption date, the principal of and interest on the Refunded Bonds. Such Refunded Bonds are therefore deemed to be no longer autstanding pursuant to Section 15 of Ordinance No. 5160 of the City relating to the Refunded Bonds, but will be paid by application of the assets in such escrow account. By Order of the City of Auburn, Washington The Bank of New York Mellon, as Paying Agent Dated: Under Section 3406(a)(1) of the Internal Revenue Code the Registrar may be obligated to withhold a percentage of the principal of a holder who has failed to furnish the Registrar with a valid taxpayer identification number and a certification that the owner is not subject to backup withholding. Owners who wish to avoid the application of these provisions should submit a completed IRS Form W-9 when presenting their certificates for payment. G2 51064961.1 EXHIBIT C U.S. BANK NATIONAL ASSOCIATION FEE SCHEDULE 51064961.1 Distributed at the May 3, 2010 Finance Committee Meeting by Finance Directoi Shelley Coleman * ~ * - B° T4iAi.l YOl1 IAqAGIN~C~ Bond Pricing Results May 3, 2010 rwr~~ SNYY City of Auburn, Washington Financing Goals 1) Issue $31,990,000 of Limited Tax General Obligation and Refunding Bonds to: • generate $22,500,000 to pay for the acquisition of additional office space near City Hall • generate $7,200,000 to pay for infrastructure improvements in the downtown area • Currently refund $2,235,000 of the outstanding 1998 LTGO Bonds (2010 - 2018 maturities) - Net present value savings of 7.29% or $162,947 2) True Interest Cost • New Money Portion: 3.86% • Combined Total (new money & refunding): 3.82% 3) Benefit of utilizing BABs (new money portion only) • BABs: $49,530,693 total net debt service; 3.82% TIC • Tax-Exempt: $52,573,521 total debt service; 4.36% TIC 4) Repayment Pattern • Final maturity of Annex portion: December 1, 2039 • Final maturity of LRF portion: December 1, 2034 • Level net debt service after subsidy ~ Refunding portion structured to match debt service pattern of prior debt 5) Tax-exempt portion is bank qualified 6) Call provision • The Bonds maturing on and after December 1, 2020 are callable on and after june 1, 2020. 7) Credit Rating ~ "AA" from Standard & Poor's • Estimated benefit of "AA" rating vs. "Al" rating (new money portion only): - $2,381,032 in total debt service - $1,556,230 in net debt service 9) Key Dates • Price bonds: May 3 2010 • Sign bond purchase contract: May 3, 2010 • First Interest: December 1, 2010 • First Principal: December 1, 2010 • Close Issue: May 13, 2010 2 City of Auburn, Washington Projected LTGO Bond Debt Service* City of Auburn Limited Tax General Obligation Bond Debt Service $10,000,000 $9,000,000 $8,000,000 $7,000,000 $6,000,000 $5.000,000 $4.000,000 $3,000,000 $2,000,000 $1,000,000 $0 * Debt service net of subsidy. 3 A ■ Unrefunded 2000 Valley Com ■ 2005 ■ 2006A ■ 2006T ❑ 2009 SCORE m 2010 Valley Com ■ 2010A O 2010B ❑ 2010C O 2010D City of Auburn, Washington Market Conditions/Interest Rate Trends 13.50% 12.50% 11.50% 10.50% 9.50% ~ f r 8.50% 7.50% 6.50% 5.50% 4.50% 45-Ywr Bond 6uy*r Indox Nisrory . ' OnrY"r Snapshol 5.00% ~ 4.75% ' ' 4.50% ' ~ 4.25% ~ r 4.00% 3.50% Apr-85 Apr-90 Aprv95 Apr-00 Apr-OS Aprv70 4 City of Auburn, Washington Comparable Investor Yields - Tax-Exempt Final Final Final Pricin Date 5/3/2010 4/26/2010 4/19/2010 AAA MMD Issuer (5/3/2010) City of Auburn City of Ellensburg Meridian SD State WA WA WA Underwriter SNW SNW DA Davidson Amount $5,305,000 $9,710,000 $17,000,000 Security LTGO Water/Sewer Revenue UT'GO Insured Rating None None Aal Insuranm None None School Bond Guaranty Call Yes (6/1/2020 @ Par) Yes (6/1/2020 a Par) Yes (6!1/2020 a Par) Underlying RaHng AA AA A3 g(Z Yes Yes Yes Yield ppA Yield AAA Yield AAA 2010 0.56% 0.50% -0.06 0.40% -020 2011 0.56% 0.75% 0.19 0.75% 0.15 2012 0.83% 1.40% 0.57 1.15% 0.26 114% 0.35 2013 1.18% 1.48% 0.30 1.55% 0.34 1.61% 0.40 2014 1.52% 1.82% 0.30 1.88% 0.33 1.%% 0.40 2015 1.88% 2.23% 0.35 2.35% 0.94 2.37% 0.45 2016 2.24% 2.59% 0.35 2.72% 0.45 2.75% 0.45 2017 2.51% 2.86% 0.35 2.98% 0.94 3.01% 0.47 2018 2.70% 3.05% 0.35 3.17% 0.44 3.20% 0.45 City of Auburn, Washington Comparable Investor Yields - Taxable (BABs) Pricing Date Final 5/3/2010 Final 4/26/2010 Final 4/26/2010 Issuer City of Aubum L'anse Cmuse SD Northweat Fire District State Underwriter Amount Security Insured Raring Insurance Call Underlying Rating BQ WA SNW $26,685,000 LTGO None None Yes (6/1/20 C Paz) AA No MI JP Morgan $56,130,000 UTGO AA+ School Bond Guaranty Yes (5/1/20 ~ Par) AA+ No AZ Stone & Youngberg $8,000,000 UTGO None None Yes (7/1/20 @ Par) AA- No Yield Spread to Tsy Yield Spread to Tsy Yield Spread to Tsy 2015 3.27% 0.80 2016 3.72% 1.25 2017 4.12% 1.00 2018 4.401/6 0.70 4.67% 0.95 2019 4.50% 0.80 5.03% 1.30 4.87% 1.15 2020 4.60% 0.90 5.18% 1.45 4.99% 1.27 2021 5.48% 1.75 2022 5.63% 1.90 2023 5.83% 2.10 2024 6.03% 2.30 2025 5.30 % 1.60 6.18% 2.45 5.72% 2.00 2026 2027 2028 2029 6.12% 1.53 2030 6.10% 1.55 6.44% 1.85 2031 2032 2033 2034 6.20% 1.65 2035 6.54% 1.95 2036 2037 - 2038 2039 6.25% 1.70 ~--2040 6.59% 2.00 City of Auburn, Washington Bond Pricing Report BOND PRIQNG City OfAubian LTGO 8c Re£ Bonds, 2010A4.TGO Honda, 2010B (BABs)/LTGO Bands> ZOl OGLTGO Bands, ZOI OD (BABs) FLNAL NUiviBERS - AgBTeBete s.ea a~ess nr Y ,wd R.. r.u x:« wo~e (-n.'.r) ad.".e 8r'sl Beo6 - S-in A(Ta-Etaipt - Ar4: 1201/ZO10 SIO,UW iAqD% 0.500'li I00.422 1,1f220 3.750 17A1/1011 8000 2.0007L 0.750% 101.922 13,261.BD 3.730 17AU7D12 A5,OW 3.0001L 1.007i I07.997 28,130.63 1.730 17AU2017 7Z0,000 7.000% 1.iMi lO5.D7 77,'A6.4D 7.730 17AL1DU 745,000 LOOMi t.4t0% !0!.l77 70i7b3.65 7.730 1]AI/tD15 773,000 /.OOM% 2.D0% 109.190 21,7/f.30 7.750 1201/2D16 230,000 4.500% 2.EMi 111.07 2l.9D2.50 3.730 ILOI/2D1'! 210,ODD 1.500% 2.M0% I11.ON 7i,'X6A0 3.750 IZOt/2DIB ZAAOD 1.500% 3.030% 110.09 2V,T65.70 3.730 4,193y00 262,U5.4D 9-1 BaeY . e- B OMW - Aeetx): 17A1/2DI3 SJS,OOD 32Qefi 7.2S67i 100.000 • 3.000 ILbL2D16 515,000 1.716% 7.A6lf. lOD.000 - 3.000 17/DU2D17 SQ0.000 4.120% 4.120% 100.000 - 3.000 17AU1018 575,000 IJ95% 4.HS% IOD.OW - 5.000 12IIVI019 990,0W 1.195% I.iSX IOD.ODD . 5.000 iuvmm ao.aoo ~ssm 4.505u 100.00o 5.000 lAis.aou - mas r..e.o6- s.m sOLMM - nmw: 11AV2021 625,000 3295% 5.705% 100.000 - 1000 12,01/2M2 Q60,WU 3295% 5795% 100.ODD - 3.000 li~0U1D27 QO,OOD 5195% 5.293% 100.000 - 1.000 12A1/,1174 05,000 3295% 5.295% 100.000 - 3.000 17AU2025 710AOG 5295% 5295% 100.0DD 5.000 3.3t0,000 - ZQIO Tum8ao4. 9ain 8 03AB. - Aaea): 12/01/ID26 7IS,OOD 6.043% 6.07% 100.000 - 5.000 12AU2027 770.U7U 6.097% 6.OVJ% 100.000 - 3.000 11A1/202t W5.000 6A97% 6.07% t00.0U0 - 5.OOD 12/OU229 WS,OW 6.097% 6.0➢7% 10D.000 - 5.000 17A7/3U10 61UPOU 6.U93% 6.007% 100.000 5.000 Ip25,000 - 209 ToH-Y - l- BOAU - Aeou)' 17101/207I 900,CW 621714 6247% IOO.ODD - S.OOD 17AIL21122 9q,UW 67A7% 6.1A7% IOO.OOD - 5.000 17AL2D37 975,000 62tl% 62U% 100.000 - 3.000 imvaos+ I,as,aoo sz4m s.um iao.aoo - s.aoo imvams tAW,aoo szrnc e.aax iao.aoo - 5.000 1]A1170)6 I,I00,000 6143'K 6.]A7% IOO.OOD - S.ODD 12JOv2037 i,us.aoo szmc 6243+c ioo.aoo - 5.000 izovame i,ao,aoo s1u+c s.a4m ioo.aoo - s.ooo 17A1/mlf 12~0.000 62U% 6.143% 100.000 5.000 g36y.ppp . SaW HoY - 8- C(1'a-F-qI . 782F): 11AVZ010 105,OW 2.000'li 0.7007i 100.812 80.10 3.750 12101/2011 195,OD0 2.0001i 0.750% 101.922 7,747.90 3.750 12Af/2012 2DOA00 7.OOdli 1.400'7~ 103.991 7'86.00 7.730 lIAL2D13 103,ODD 3.000li I.4 D'fL I05.D7 10,733.85 7.730 11A113D11 215,000 4.0007i 1.820% 109.477 20J73.53 7.750 fZp,Upp 43.7W.40 laiY Boad' - W. D BQs •IYYY 12AL2DI5 220,000 3.260% 3.2661L 100.000 - 5.000 I1fi1/2016 725,GW 1.710i 7116% 100.000 - 3.000 12O1f2D17 DOAW 1.120% 4.12076 . 100.000 1000 675,OW - 2034 TumBaa4 - 9u- DOLABS • IIF): 1700L2D18 240A00 6.197% 6.197% 100.000 - 5.000 12b1/7D19 245,000 6.191% 6.197% 100.000 - 3.000 1201/7D20 255.OOD 6.197% 6.IYJ% 100.OD0 - 3.000 1]AU2021 Z70,000 s.ll7% 6.1f7% IOD.UW • 5.000 11A!l2D22 19D.000 6.197% 6.197% 100.000 • A000 ItAU2DV 7D0.000 6.1f)% 6.14J% 100.000 - 5.000 11A1/2WA 300.000 6197% 6.143% 100.000 - 5.000 12AL2025 313,UOU 6.197% 6.19I% 100.000 - 3.000 110D1/7D26 313,000 6.197% 6.197% 100.W0 - 5.000 ITfi1f7D27 ND,OW 6.19!% 6.1f7% 100.000 - S.OOD 1?AI!]D2t 755,000 6.197% 6.197% 100.000 - 3.000 12AV2DfV 765A00 61fI% 6.1f3% IOD.ODD - 3.OOD 120U2D70 7BD,000 619]% 6.193% 100.000 - 5.000 170OU2031 7iS,00D 6197% 6.1l3% 100.000 - 5.000 1Tq1/2D72 tl3,000 6.197% 6.1f)% 100.000 - 3.000 ITAUIWl 00,000 6.197% 6.197% l00.000 - S.OOD 17AV2DN 445,WO 6.191% 6.193% 100.000 5.000 Sb/5,000 - 719OAo fOS,Htl.BO Mey 3, 2010 11:04 em Prapered by Saettla-Norfhwrat Securitiea Cap. (1c\amlyaia\dbcbit5AAubuan:l OLTGO) Pega 2 7 City of Auburn, Washington Net Debt Service Schedule (New $ Portion) NET DEBT SERVICE City of Aubum LTGO 8c ReC Bands, 2010A/LTGO Bonds, 2010B (BABs)/LTGO Bonda, 2010GI.TGO Bonds, 2010D (BABs) FINAL NUMBERS - Aggregate New Money Pation period Erding Total Debt Service 35°h Subsidy Net Debt Savice 12/O1/2010 1,259,923.59 -295,590.25 964,333.34 12/O1/2011 2,289,833.82 -537,436.82 1,752,397.00 12/01/2012 2,291,433.82 -537,436.82 1,753,997.00 12/O1/2013 2,290,883.82 -537,436.82 1,753,447.00 12/O1/2014 2,294,733.82 -537,436.82 1,757,297.00 12/Ol/2015 2,290,533.82 -537,436.82 1,753,097.00 12/01/2016 2,280,875.52 -528,806.42 1,752,069.10 12/O1/2017 2,272,262.32 -518,791.80 1,753,470.52 12/O1/2018 2,264,714.32 -507,400.00 1,757,31432 12/O1/2019 2,244,579.86 -493,352.96 1,751,226.90 12/O1/2020 2,232,886.50 -478,760.28 1,754,126.22 12/O1/2021 2,219,064.86 -463,422.70 1,755,642.16 12/01/2022 2,204,250.02 -445,987.50 1,758,262.52 12/O1/2023 2,182,492.12 -427,872.24 1,754,619.88 12/O1/2024 2,164,035.92 -409,169.56 1,734,886.36 12/01/2025 2,148,676.66 -389,786.84 1,738,889.82 12/01/2026 2,126,044.70 -369,615.66 1,736,429.04 12/O1l2027 2,100,524.62 -346,683.62 1,753,841.00 12/01/2028 2,082,55232 -322,89330 1,759,659.02 12/O1/2029 2,051,518.50 -298,031.48 1,753,487.02 12/O1/2030 2,028,037.52 -272,313.12 1,755,724.40 12/O1/2031 1,996,495.02 -245,523.26 1,750,971.76 12/01/2032 1,975,845.66 -217,295.98 1,758,549.68 12/O1/2033 1,941,460.52 -187,761.18 1,753,699.34 12/O1/2034 1,908,961.36 -157,136.48 1,751,824.88 12/O1/2035 1,418,036.06 -125,312.62 1,292,723.44 12/O1/2036 1,391,860.26 -102,151.08 1,289,709.18 12/O1/2037 1,368,187.26 -78,115.54 1,290,071.72 12/01/2038 1,341,704.90 -53,096.72 1,288,608.18 12/01/2039 1,317,413.20 -27,094.62 1,290,318.58 59,979,842.69 -10,449,149.31 49,530,693.38 May 3, 2010 4:08 pm Prepered by SeattlaNathwest Securities Cotp. (k:\enelysiskbc\cityAubmn l OLTGO) Page 1 Distributed at the May 3, 2010 Finance Committee Meeting CITY OF AUBURN FEE SCHEDULE FEES FOR CtTY PERMITS AND ACTIONS Effective February 1, 2010 A. PLANNING, BUILDING AND COMMUNITY DEVELOPMENT DEPARTMENT FEES (Per Ordinance No. 5707, Ordinance No. 5715, Ordinance No. 5819, Resolution No. 3797, Resolution No. 3953, Reso/ution No. 4070, Resolution No. 4117, Resolution No. 4143, Ordinance No. 6077, Resolution No. 4272, Resolution No. 4424, Ordinance No. 6276 and Resolution No. 4552.) 1. APPLICATION FEES: Applications for any action identified below shall not be accepted for filing, unless otherwise noted, until the fees per the below schedule have been paid to the City.' Application Type Fee Additional Meeting Fee $450.00 per meeting occurrence Address Assignment $104.00 per address Administrative Use Permits ("application fee covers 1 meeting with $880.00 staff after which additional meeting fees apply) Appeal of Administrative Decision to Hearing Examiner $1,000.00 Binding Site PIan2 (*application fee covers 2 meetings with staff after $1,139.00 +$62.00/lot which additional meeting fees apply) Boundary Line Adjustment: Residential $518.00 Non-Residential (includes mixed use projects) $854.00 Boundary Line Elimination $500.00 Comprehensive Plan Map Amendments3 (*application fee covers 2 $2,070.00 (incl. meetings with staff after which additional meeting fees apply) rezoning application) Comprehensive Plan Text Amendments3 ("Application fee covers 2 $1,000.00 meetings with staff after which additional meeting fees apply) Conditional Use Permits ("application fee covers 2 meetings with staff after which additional meeting fees apply): Residential $1,000.00 All Other Uses (includes mixed use projects) $2,000.00 Conditional Use Permits4 - Minor Adjustment ("application fee covers 1 meeting with staff after which additional meeting fees apply): ' Please note that the City of Auburn may collect a review fee on behalf of the Valley Regional Fire Authority for certain land use and/or environmental reviews which fee is collected in addition to the City's required fees. 2 Per Auburn City Code, a modification to an approved binding site plan shall be processed in the same manner as the original binding site plan approval. Therefore, the specified fee shall apply to a new or modified binding site plan approval request. 3 Fees for amendments to text or maps of the Comprehensive Plan apply only where an applicant seeks an amendment affecting specific properties rather than the City generally or property within the City generally. " Per Auburn City Code, a major adjustment to an approved conditional use permit shall be processed in the same manner as the original conditional use permit approval. Therefore, the specified fee shall apply to a new request for Page 1 Application Type Fee Residential $414.00 All Other Uses (includes mixed use projects) $554.00 Critical Areas Ordinance: On-site monitoring & reporting (required) of wetlands & other $300.00 per monitoring environmentally sensitive areass event Reasonable Use Determination $259.00 Review of critical areas report not associated with land use $500.00 approval request or SEPA threshold determination request Review of reports and plans submitted to comply with $259.00 condition of land use approval or SEPA threshold determination Variance - administrative $259.00 Variance - hearing examiner $1,000.00 Current Use Taxation (*application fee will cover 1 meeting with staff $800.00 after which additional meeting fees apply) Development Agreement - Amendment $2,200.00 + $60.00/lot or dwelling unit Downtown Urban Center Design Review (*application will cover 1 $1,139.00 meeting with staff after which additional meeting fees apply) Environmental Reviews ("application fee covers 1 meeting with staff after which additional meeting fees apply): SEPA Checklist review (includes City issuance of DNS, $802.00 + 259.00 per MDNS, or DS as appropriate) required special study Revised or Supplemental SEPA Checklist review (includes $350.00 + 259.00 per City issuance of Addendum if appropriate) special study Environmental Impact Statement (EIS) or Supplemental EIS $802.00 + actual costs (includes scoping process, preparation and issuance of draft to prepare, conduct and final EIS/SEIS) and issue SEPA 3rd party review Actual costs Environmental Impact Statement $802.00 + actual costs for preparation of draft & final statements including labor, materials, mailing & other actual costs relating to the drafting & circulating of the EIS Fee for Posting Public Notice Boards: 2x4 Notice Board $80.00 4x4 Notice Board $136.00 Final Plats - Subdivisions ('`application fee will cover 2 meetings with $1,533.00 +$52.00 per staff after which additional meeting fees apply) lot conditional use permit approval or a request for a major adjustment to a previously approved conditional use permit approval. 5 For monitoring required over multiple years, the total monitoring fee for the required monitoring period shall be paid prior to final plat approval or issuance of Certificate of Occupancy or acceptance of required bond. Page 2 Application Type Fee Final Plats - Short Plats (*application fee will cover 1 meeting with $750.00 +$25.00 per staff after which additional meeting fees apply) lot Flexible Development Alternatives Review (*application fee will cover $1,139.00 1 meeting with staff after which additional meeting fees apply) Hearing Examiner- Conduct of Hearing and Preparation of Decisions Total hourly charge for hearing examiner plus associated expenses to be paid by applicant prior to issuance of final decision Mining Permits (*application fee covers 3 meetings with staff after $3,623.00 which additional meeting fees apply) Miscellaneous Administrative Decisions (i.e. sign area deviation, $500.00 written interpretations, etc.) Multi-Family/Mixed Use Design Standards Compliance Review $1,139.00 (*application fee will cover 1 meeting with staff after which additional meeting fees apply) Plat Alteration or Vacation (*application fee covers 1 meeting with staff $1,000.00 per request after which additional meeting fees apply.) Plat Modification (*application fee covers 1 meeting with staff after $1,000.00 per request which additional meeting fees apply.) Preliminary Plats - Subdivisions (*application fee covers 3 meetings $3,000.00 + with staff after which additional meeting fees apply.) $120.00l1ot Preliminary Plats - Short Plats (*application fee covers 1 meeting with $1,449.00 staff after which additional meeting fees apply.) Preliminary Site Plan Review (non-PUD) (*application fee will cover 1 $1,035.00 meeting with staff after which additional meeting fees apply) Pre-application Meeting (*application fee covers 1 meeting with staff $259.00 - fee will be after which additional meeting fees apply.) applied towards any related application made w/in 6 months of the date the pre- application meeting was held. PUD - Major Adjustment' (*application fee covers 2 meetings with $2,588.00 staff after which additional meeting fees apply.) Rezone (map amendment)e $1,760.00 School Impact Fee Collection:9 Per Single Family Dwelling Unit $52.00 Per Multi-Family Dwelling Unit $26.00 Shoreline (*application fee covers 1 meeting with staff after which 6 The total cost for the Hearing Examiner is in addition to the relevant application fee tor applications requiring a Fublic hearing before the Hearing Examiner (e.g. conditional use permit). A prior City Code amendment eliminated Planned Unit Developments (PUD). The PUD fees included herein are applicable only to the existing previously approved PUDs. i h ff hi h ddi i l i f l 8 f 2 i ft ngs w er w ona meet ng ees app y. Application ee covers meet t sta a c a t 9 The City imposes an application fee to cover the reasonable cost of administration of the impact fee program. Page 3 Application Type Fee additional meeting fees apply): Exemption Determination $215.00 Conditional Use Permit $1,139.00 Substantial Development Permit $1,139.00 Variance $1,139.00 Short Plat Application - Preliminary ("application fee covers 1 meeting $1,449.00 with staff after which additional meeting fees apply.) Short Plat Modification (*application fee will cover 1 meeting with staff $259.00 per requested after which additional meeting fees apply) modification Sign Permit $100.00 Site Plan Approval - PUD, Residential9 (*application fee covers 1 $1,139.00 +$62.00/lot meeting with staff after which additional meeting fees apply.) or unit Site Plan Approval - PUD, Non-residential9 (*application fee covers 1 $1,139.00 +$62.00/lot meeting with staff after which additional meeting fees apply.) or unit Special Home Occupation Permits $259.00 Three-Party Outside Utility Extension Agreement - Site Specific $1,035.00 + plus the Review. ("application fee covers 1 meeting with staff after which City's actual costs in additional meeting fees apply.) perForming under the terms of the agreement as negotiated between the parties Type I Temporary Use Permit $96.00 +$48.00 per extension request Type II Temporary Use Permit $144.00 +$48.00 per extension request Variance (inclusive of Special Exceptions): Per each residence on a single family lot $259.00 All Other $575.00 Water/Sewer Certificate (outside of city limits for other than single- $311.00 family) Zoning Certification letter: Residential $52.00 Non-Residential (includes mixed use development) $104.00 Zoning Code Text Amendment ("application fee covers 1 meeting with $1,035.00 staff after which additional meeting fees apply.) 2. BOOKS, MAPS, MATERIALS :10(pursuant to Resolution No. 3953) Description: Fee Comprehensive Plan Cost of Production Downtown Plan Cost of Production Downtown Plan Appendices Cost of Production Copies of codes and ordinances Cost of Production Maps Cost of Production ,10 Prices for printed materials do not include any taxes. Formatted: Font: 9 pt Page 4 3. LAND CLEARING, GRADING AND FILLING FEES (Per Ordinance No. 6146, Resolution No. 4272 and Resolution No. 4424.) Land Ciearing Fees: Base Fee (for up to 1 acre) Additional Fees: 1 to 5 Acres Over 5 Acres Grading and Filling Fees: Base Fee: Additional Fees: For 500 to 250,000 Cubic Yard (CY) Over 250,000 Cubic Yards (CY) $311.00 Base Fee + $114.00 per acre Base Fee + $83.00 per acre $311.00 Base Fee + $0.12 per CY Base Fee + $0.02 per CY 4. Permit Fees (per Ordinance 5715, Ordinance 5819, Resolufion No. 3773, Resolution No. 3797, Resolution No. 3818, Resolution No. 3953, Resolution No. 4143, Ordinance No. 6146, Resolution No. 4272 and Resolution No. 4424.) a. Building Permit Fees: The fee for each International Building Code, International Residential Code, Washington State Energy Code or Washington State Indoor Air Quality Code building permit shall be as set forth in Table 1-A, below." Table 1-A BUILDING PERMIT FEES TOTAL VALUATION FEE $ 1.00 to $500.00 $3100 $501.00 [o $2,000.00 $32.00 for the First $500.00 plus $6.00 for each additional $IOO.OQ or fraction thereof to and including $2,000.00 $2,001.00 to $25,000.00 $114.00 for the firs[ $2,000.00 plus $18.60 for each additional $1,000.00, or fraction thereof, to and includin $25,000.00 $25,001.00 to $50,000.00 $544.00 for the first $25,000.00 plus $14.00 for each additional $I,OOO.OQ or fraction thereof, to and includin $50,000.00 $50,001.00 to $100,000.00 $903.00 for the first $50,000.00 plus $10.00 for each additional $I,OOO.OQ or fracdon thereof, to and includin $100,000.00 $100,001.00 to $500,000.00 $1,397.00 for the first $I00,000.00 plus $9.00 for each additional $1,000.00, or fraction thereof, to and including $500,000.00 $500,001.00 ro$I,000,000.00 $4,912.00 for the first $500,000.00 plus $8.00 for each additional $1,000.00, or fraction thereof, to and includin $1,000,00 .00 $1,000,000.00 and up $8,769.00 for the first $1,000,000.00 plus $6.00 for each additiona] $1,000.00 or fraction thereof Other Inspections and Fees: l.lnspectionsou[sideofnoimalbusinesshours..._ $63.00 perhour' (minimum charge - Iwo hours) 2. Reinspection fees assessed under provisions of Section 109.4.13 $63.00 per hour' 3. Inspections for which no fee is specifically indicated $63.00 per hour' (minimum charge - one half hour) 4. Additional plan review required by changes, addi[ions or revisions to plans $63.00 per hour' (minimumchar e-onehalfhour) " Please note that the City of Auburn may collect a review fee for the Valley Regional Fire Authority for certain permit applications that is collected in addition to the City's required fees. Page 5 5. For use of outside consultants for plan checking and inspections, or botli Actual cos[s2 FOOTNOTES: ' Or tlie total hourly cost to the junsdiction, whichever is [he greatest This cos[ shall include supeivision, overhead, equipment, hourly wages and fdnge benefi[s of the employees involved. Z Actual costs include administrative mid overhead costs. b. Mechanical Permit Fees: The fee for each permit issued under provisions of the International Mechanical Code, International Fuel Gas Code, NFPA 54 (National Fuel Gas Code), NFPA 58 (Liquefied Petroleum Gas Code), or the mechanical device provisions of the International Residential Code shall be as set forth in Table 2-A, below. For new single-family dwellings a flat rate permit fee of $185.00 may be charged in lieu of fees as prescribed in Table 2-A. Table 2-A MECHANICAL PF.RM7T FFRS Permit [ssuance and Heaters: 1. For the issuance of each mechaiiical peimit $26.00 2. For issuing each supplemen[al pennit for which the original permit has not eapired, been canceled or finaled $9.00 Unit Fee Schedule (Note: The fo!lowing do ttot inelude permil-fssuing fee) 1. Furnaces: For the instal]ation or relocation of forced-air or gravity-type fumace or buiner, including ducts and vents attached to such appliance up to and inc]uding 1000,000 Btu/h (29.3kW). $18.00 For the installation or relocation of forced-air or gravity-type fwnace or bumer, including duc[s and vents attached to such appliance over 100,000 Btu/h (293kW) $22.00 For [he installation or relocation of each floor fwnace, including vent $18.00 For the installation or relocation of each suspended heater, recessed wall heater or floor-mounted unit heater............................ $18.00 2. Appliance Vents: For the installation, relocation or replacement of each appliance vent installed and no[ included in an appliance permit $9.00 3. Repairs or Additions: For the repair of, Ihe alteration of, or addition to each heating appliance, refrigeration uni[, cooling uni[, absorp[ion uiiit, or each heating, coolitig absoip[ion or evaporative cooling system, including installation of controls regula[ed by the Meclianical Code $16.00 4. Boilers, Compressors and Absorption Systems: For the installa[ion or relocation of each boiler or compressor to and including ; horsepower (10.6 k W) or each absorption system to and includiog 100,000 Btu/h (293 kW) $18.00 For the iustallation or relocadon of each boiler or compressor over 3 horsepower (10.6kW )[o and including 15 horsepower (52J kW),oreach absoiption system over 100,000 Btu/h (293 kW) to and including 500,000 Btu/h (146.6 kW) $31.00 For the installation or rebcation of each boiler or compressor over 15 horsepower (52JkW) to and including 30 horsepower (1055 kW), or each absoiption sys[etn over 500,000 B[u/h (146.6kW) [o and including 1,000,000 Btu/h (293.IkW) . $41.00 For the ins[allation or relocation of each boiler or compressor over 30 horsepower ( I OSSkW) to and including 50 horsepower (176 kW), or each absorption system over I,000,000 Bm/h (293.1 kW) ro and including 1,750,000 Btu/h (5129 kW) $62.00 For the installation or relocarion of each boiler or coropressor over 50 horsepower (176 k W). or eacii absorption system over 1]50.000 Btu/h (512.9 kW)......._......_ _ $102.00 5. Air Handlers: For each air handling unit to and including 10,000 cubic feet per minute (cfin) (4719 L/s), including ducfs attacliedthereto $12.00 Note: This fee does not apply ro an airvhandling unit which is a portion of a factory-assembled appliance, cooling sys[ein, evaporative cooler or absorption unit for which a peimiC is required elsewhere in the Mechanical Code. For each air-handling uni[ over 10,000 cfin (4719 L/s) $22.00 6. Evaporative Coolers: _ For each evaporative cooler other [han a portable pe . $12.00 Page 6 7. Venfilafion and Exhaust: For each ventilation fan connected to a single duc[ ......._.......$9.00 For each ventilation system which is no[ a portion of any hea[ing or airconditioning system authorized by a pettnit $12.00 For the installation of each hood which is served by a mechaiiical exhaust, including [he ducts for each hood $12.00 Incinerators: For the installation or relocation of each domes[ic-type incinera[or $22.00 For the installation or reloca[ion of each commercial or industrial-type incinerator $18.00 Miscellaneous: For each appliance or piece of equipment regulated by the Mechanical Code but not classed in other appliance categories or for which no o[her fee is listed in the [able $12.00 Otherlnspecfions end Fees: 1. Inspec[ions outside of normal business hours, per hour (minimum charge two hours) $63.00 2. Reinspection fees assessed under provisions of Seclion 109.4.13 $61.003. Inspections for which no fee is specifically indicated, per hour (minimum charge one-half hour) $63.00 3. Additional plan review required by changes, additions or revisions to plans or to plans for which an initial review has been comple[ed (minimum charge one-half hour) $63.00 * Or the rotal wst to the jurisdiction, whichever is greatest. This wst shall include supervision, overhead, equipment, houdy wages and fringe c. Piumbing Code Permit Fees: For new single-family dwellings a flat rate permit fee of $185.00 may be charged in lieu of fees as prescribed in Table 3-A. Page 7 Table 3-A PLUM6ING NERMIT FEES Permit Issoance: - Forissuiogeachpertnit $24.00 2. For issuing each supplemental pennit . $12.00 Unit Fee Schedule (in addition to items 1 an(i 2 above): I. For each additional plumbing fixture on one trap or a set of fixtures on one trap (including water, drainage piping and backflow pro[ection Iherefore) . $9.00 2. For each building sewer and each trailer pazk sewer $19.00 3. Rainwater systems - per drain (uiside building) $9.00 4. For each water heater and/or vent $9.00 5. For each indusirial waste pretreatrnent interceptor including its h'ap and vent, except ki[chen-type grease interceptors functioning as fixture traps $9.00 6. For each installation, alteration or repair or wa[er piping and/or water trea[men[, each $9.00 7. For each repair or alteration ofa drainage or vent piping, each fixture $9.00 8. For each lawn sprinlcler system on any one meter including backflow protection devices [herefore $9.00 9. For atrnospheric-type vacuum breakers not included in item ] 2: 1 to 5 $6.00 over 5, each $2.00 10. For each backflow protecrive device odier tlian ahnospheric type vacuum breakers: 2 inch (51 mm) diuneter and smaller $9.00 over 2 inch (51 inm) diameter $17.00 11. For initial installation and testing for a reclauned water system $35.00 12. For each annual cross-connection tes[ing of a reclaimed waster system (excluding initial test) $35.00 13. For each medical gas piping system serving one to five inlet(s)/outlet(s) for a specific gas $57,00 14. For each additional medica] gas inlet(s)/ouUet(s) 56.00 Other [nspecfions and Fees: 1. Inspections outside of nonnal business hours $63.00 2. Reinspection fee $63.00 3. Inspec[ions for which no fee is specifically indicated $63.00 4. Addirional plan review required by changes, additions or revisions to approved plans (minimum charge - one-half hom~) ................$63.00 *Per hour for each hour worked or [he total hourly cost to the jurisdicrion, whichever is greater. This cost shall include supervision, overhead, equipment, hourly wages and fiinge benefits of a11 the employees involved. Fees: Permit fees shall be assessed in accordance with this section. Fees specified shall be adjusted for inflation each year based upon the Seattle Consumer Price Index. Fees shall be rounded down to nearest whole dollar. Appeal Fees: The fee for appeals of codes adopted pursuant to ACC Chapter 15 shall be $110.00 plus total hearing examiner costs. Plan Review Fees: When submitted documents are required by Section 106.3 of the Construction Administrative Code, a plan review fee shall be paid at the time of submitting the submittal documents for plan review. Said plan review fee shall be 65 percent of the building permit fee as shown in Table 1-A. The plan review fees specified in this section are separate fees from the permit fees and in addition to permit fees. Temporary Certificate of Occupancy Fees: There shall be a fee equal to ten percent of the building permit fee for issuance of a temporary certificate of occupancy. 5. Administrative procedures and miscellaneous inspections: In addition to any other fees specified in this chapter, there shall be a fee schedule for certain administrative procedures not otherwise included as set forth in the following schedule of fees: Page 8 Adult Family Home Inspection Demolition, permit and inspections Relocation (pre-inspection)' Housing inspection Change of use Sign permits $160.00 Per Table 1-A Per Table 1-A Actual city cost, minimum $21.00 Per Table 1-A Unless except by Ch. 18.56 ACC, the fee shall accompany each application for a sign permit. The amount of the fee shall be based upon the value of the sign pursuant to Table 1-A. 6. Rental Housing Business License Fees (Per Ordinance No. 5882, Resolution No. 4272 and Resolution No. 4424): (1) The fee for a license to operate rental housing businesses in the City, as defined in Chapter 5.22 of the Auburn City Code (ACC) shall be based on the total number of units as follows: (a) One to four dwelling units: $53.00 per year; (b) Five to 24 dwelling units: $106.00 per year; (c) Twenty-five or more dwelling units: $212.00 per year. (2) The fee for a license to operate rental housing businesses in the city shall be for the license year from July 1 through June 30, and each applicant must pay the full fee for the current license year or any portion thereof during which the applicant has engaged in the operation of rental housing businesses. (3) The rental housing business license fee required by this chapter is in lieu of, and not in addition to, the general business license fee required by Chapters 5.05 and 5.10 of the Auburn City Code (ACC); provided, however, that any person required to obtain a rental housing business license must also obtain a general business license, at no cost, pursuant to Chapters 5.05 and 5.10 of the Auburn City Code (ACC). (4) Notwithstanding the provisions of sub-section (1) of this section, the fee for operating rental housing facilities for any single individual, partnership, corporation or entity shall not exceed $424.00 per year. Page 9 B. AUBURN MUNICIPAL AIRPORT FEES (Per Ordinance No. 5707, amended by Ordinance No. 5715 and Ordinance No. 5819, and amended by Resolutron No. 3784, Resolution 3797, Resolution No. 3841, Resolution No. 3953, Resolution No. 4117, Resolution No. 4270, and Resolution No. 4414) Lease Fees: Lease Tvpe Fee Open Single $179.01 Open Twin $206.95 Closed R-2 $272.91 Closed R-9 & 10 $381.51 Outside Tiedowns $60.15 Storage Rows 3-8 $103.61 Storage Units (185 sq. ft. - Buildings 9, 10) $92.23 Storage Units (298 sq. ft.) $111.15 Storage Units (380 sq. ft. - Buildings 9, 10) $141.78 The West End Hangars located on Hangar rows 9 and 10 have an additional 298 square feet each. There shall be an additional $100.00 per month surcharge for the additional space. A security surcharge of $5.00 per month is charged, in addition to the base monthly rental fees provided in this section, for each tie-down, each hangar door and each storage rental area, which security surcharge fees are to be used for the provision of increased security at the Auburn Municipal Airport (approved by Ordinance No. 5500 on January 16, 2001). For the purposes hereof, each tie-down consists of the structures/facilities necessary to accommodate one (1) regular sized light aircraft. Furthermore, the hangar doors to which the security surcharge applies includes all hangars located at the Auburn Municipal Airport, including those hangars built on land owned by the City but leased to private parties, and those hangars owned in a condominium type ownership. The above lease and security surcharge amounts are subject to applicable leasehold taxes, which shall be paid by the tenant. The total charges, including the above lease rates plus lease hold tax and surcharge shall be reflected in monthly billing rates. Tenants shall be given notice as required by Ordinance or lease agreements. The Airport Lease rates shall be effective January 1, 2008. Payments. Payments are due on the first of each month, past due as of the 51h and late as of the 15th. Payments not received by the 15'h incur a$10.00 late fee. Payments not received after 30 days from the due date incur an additional $25.00 delinquency fee. Automatic gate electronic cards. One automatic gate electronic card will be issued to each tenant free of charge. Any additional electronic cards requested by a tenant are subject to a $25.00 non refundable fee. A$25.00 replacement fee will be assessed against the tenant for all lost or damaged electronic cards. All electronic cards must be returned to the airport at the time of lease expiration. Page 10 Each lease shall include an initial payment of first and last months' rent plus a damage deposit in the amount of two times the monthly base rate. Each lease agreement shall also include terms that authorize the city to apply the damage deposit to outstanding charges on termination. 2. Daily Transient Parking (overnight) Rate Tie Down $5.00 Open "T" $25.00 Enclosed Hanger $35.00 Additional Airport Fees Aeronautical Business License (includes listing of your business on $250.00 airport signs and airport webpage.) Hanger Waitlist Fee (this is a fee and is non refundable or applicable to $50.00 rent.) Page 11 C. POLICE DEPARTMENT FEES (Per Ordinance No. 5715 amended by Ordinance No. 6216, 5819, Resolution No. 3797, Resolution No. 3953, Resolution No. 4117, Resolution No. 4272, Resolution No. 4424, Ordinance 6216, Ordinance 6276 and Resolution No. 4552.) Type Fees Police Report/Coliision Report (fee not charged where requested by $13.25 victim or party involved) Visa Letter $5.00 Fingerprinting Fees (fee not charged where taking of fingerprints is $15.00 (per card) required by city) Health Services (to be collected from persons confined in the Auburn $8.00 City Jail who requests health services) Electronic Home Monitoring (per inmate, per day with fee set by $15.50 WASPC) Page 12 D. CITY CLERK FEES (Per Ordinance No. 5715, Ordinance No. 5819, Resolution No. 3797, and Resolution 4244.) Tvpe Fees for public records - Collection Fees Non-certified copies of public records $0.15 per page Non-certified color copies (letter and legal sized) $0.55 per page Non-certified color copies (11x17) $1.10 per page Certified copies of public records $4.00 per page Non-certified copies of public records where a search or $4.00 for 15` page and documentation is required) $2.00 each add'I page Fees for Auburn City Code book and supplements Copy of Auburn City Code book (with latest supplement) $100.00 per code book Supplements to the Auburn City Code book $11.00 per copy. Page 13 E. CITY CEMETERY FEES (Per Ordinance 5715, Resolution No. 3797, Resolution No. 3953, Resolution No. 4027, Resolution No. 4103, Resolution No. 4117, Resolution No. 4272 Resolution No. 4424, and Resolutron No. 4552.) GRAVES Section 9A and 9B All other adult graves Child's Place Double Depth (includes 2 burial spaces / 2 liners) Section 9A and 96 (Upright monument plots) GROUND CREMATION PLOTS Centennial Urn Garden (single) Centennial Urn Garden (double) Section 9 Upright Section Urn Plots (6 urns) NICHES Mausoleum (top rows available only) Single ' Centennial Columbarium II (1 or 2 urns) Row 1 Top Row 2 Middle Row 3 Middle Row 4 Bottom CHAPEL OF MEMORIES - INTERIOR NICHES" Niche Dimensions 12 x 12 Single 12 x 18 Double 12 x 24 Family (up to 3 urns) *The above niche prices include one bud vase per niche. occasion. See guidelines for additional pertinent information. front is $50.00 plus tax. Urn's to be purchased separately. CHAPEL OF MEMORIES - EXTERIOR NICHES'` Rows4,5&6 Rows2&3 Niche $2,695.00 $2,295.00 $2,195.00 $1, 795.00 $300.00 $3,995.00 $3,995.00 $595.00 $1,190.00 $3,195.00 $495.00 SOLD SOLD $1,695.00 $1,545.00 $2,195.00 - $3,595.00 $3,295.00 - $5,995.00 $6,895.00 - $8,295.00 Inurnment will be $375.00 per A single inscription on the glass Rows 1, 7 & 8 $1,895.00 *If the niche (external) is to be used as a double niche, the inurnment, inscription and tax will be due when a second urn is placed. (Row 1 is the bottom row) OVERTIME WILL BE CHARGED AT $150.00 PER HOUR AFTER 4:30 P.M., MONDAY THROUGH FRIDAY. THE SATURDAY SERVICE CHARGE IS $495.00 FOR FULL INTERMENT AND $295.00 FOR CREMATION SERVICES. EXTENDED LAND USE $495.00 MEMORIAL PLAQUE -$125 additional for inscription + tax $295.00 SERVICES Opening and Closing - Ground Burials Forest Walk $395.00 LinerNault $1,195.00 Children's Place $295.00 Opening and Closing - Cremation Cremation Plot $425.00 Page 14 Niche -$125.00 for additional inscription + tax $375.00 Opening and Closing - Entombment -$125.00 inscription + tax $695.00 Vault Installation + tax $395.00 Marker Services Flat Grass: Setting Fee + tax $295.00 Resetting Fee + tax $150.00 U pright: Setting Fee + tax $395.00 Resetting Fee $325.00 Vase Setting Fee + tax $45.00 Recording Fee $55.00 Overtime Charge - per hour $175.00 Saturday Service Fee Full Interment $495.00 Cremation $295.00 MATERIALS Flower Vases: (prices include vase setting fee) Standard $95.00 Deluxe Cast Zinc (gray or bronze zinc) $150.00 Deluxe Wall (brass) $175.00 Liners: Concrete Liner $495.00 Mountain View Vault installation fee & tax) $395.00 Double Depth $790.00 Infant ""as required Urn Encasement $195.00 Vault Installation + tax $395.00 ForestWalk Informal Cremation Garden Single 3' Double 4' Single Ground Plot $495.00 Double Ground Plot $895.00 Feature Site 4' Wishing Well Double Ground Plot $1,495.00 Scattering $295.00 + monument and tax Biodegradable Urn $85.00 + tax Add for 2"d Inurnment $375.00 Granite Memorials Start At $295.00 + tax Add for 2"d Marker Inscription $125.00+ tax Page 15 F. PUBLIC WORKS DEPARTMENT FEES 1. Transportation Impact Fee Rate Schedule: (Per Ordinance No. 5763 as amended by Resolution No. 3953, Ordinance No. 6005, Resolution No. 4103 and Resolution No. 4424.) Land Use ITE Land Use Measure Trip Rate Fee Rate Code Residentia! SF residential 210 dwelling 1.01 $3,882.61 MR residential 220, 221, 230, 233 dwelling 0.62 $2,519.58 Senior housing 251 dwelling 0.26 $799.59 Mobile home in MH park 240 dwelling 0.59 $1,814.45 Commercial - Services Drive-in bank 912 sf/GFA 45.74 $4521 Day care center 565 sf/GFA 13.18 $21.72 Hotel 310 room 0.59 $2,592.07 Motel 320 room 0.47 $2,064.87 Library 590 sf/GFA 7.09 $9.93 Post office 732 sf/GFA 10.89 $15.25 Service station 944 VFP 13.86 $10,351.57 Service station with mini mart 945 sf/GFA 96.37 $53.98 Auto care center 942 sf/GFA 3.38 $5.72 Movie Theater 444,445 seat 0.07 $150.31 Health Club 492,493 sf/GFA 4.02 $10.34 Commercial-lnstitutional Elementary school 520 sf/GFA 1.19 $1.78 Middle school/Jr. High 522 sf/GFA 1.19 $2.82 High school 530 sflGFA 0.97 $3.15 Asst. Living, Nursing Home 254,620 bed 0.22 $676.57 Church 560 sf/GFA 0.66 $2.68 Hospital 610 sf/GFA 1.18 $5.19 Commercia! - Restaurant Restaurant 931 sf/GFA 7.49 $22.38 High turnover restaurant 932 sf/GFA 10.92 $22.07 Fast food restaurant 934 sf/GFA 34.84 $38.27 Espresso Stand drive thru NA site 6.00 $2,636.00 Commercia! - Retail Shopping Shopping center 820 sf/GLA 3.75 $6.06 Page 16 Supermarket 850 sf/GLA 10.45 $18.08 Convenience market 851 sf/GLA 52.41 $33.68 Freestanding discount store 813, 815, 861, 863, 864 sf/GLA 4.53 $7.31 Hardwarelpaint store 816 sf/GLA 4.84 $3.62 Specialty retail center 814 sf/GLA 2.71 $2.53 Furniture store 890 sf/GLA 0.46 $0.52 Car sales - New 841 sf/GLA 2.64 $10.67 Car sales - Used NA space'l 028 $1,131.72 Commercial - Office General office 710, 715, 750 sf/GFA 1.49 $7.51 Medical office 720 sf/GFA 3.72 $14.71 Industrial Light industry/ma nufactu ring 110,140 sf/GFA 0.86 $6.02 Heavy industry 120 sf/GFA 0.86 $5.33 Industrial park 130 sf/GFA 0.86 $6.02 Mini-warehouse/storage 151 sf/GFA 0.21 $1.35 Notes: A. Basic trip rates are based on the ITE Trip Generation Manual, 7th Edition. B. Impact fee rate calculation is based upon the following methodology: - Basic Trip Rate = PM Peak Hour Trip Generation (per unit of ineasure) - Basic Trip Rate x Percent of New Trips x Trip Length Adjustment x Per Trip Fee/(divide by) 1,000 for rate per square foot (where applicable) = Impact Fee Rate (per unit of ineasure) C. For land uses not specifically identified here, trip generation rates could be derived from ITE or a special study by the applicant. D. sf /GFA= Square feet Gross Floor Area; sf/GLA= Square Feet Gross Leasable Area; VFP=Vehicle Fueling Position. 2. Truck-Dependant Land Use Supplementary Transportation Impact Fee Rate Schedule: (Per Resolution No. 4122 and Resolution No. 4424.) Land Use Industrial Light Ind ustry/Manufactu ring Heavy Industry Commercial-Retail Shopping Center ITE Land Use Unit of Measure Truck Trip Impact Fee Code Rate Rate (per sfl 110,130, 140 sf/GFA 120 sf/GFA 820 sf/GLA ,$pace is individual vehicle sales space: 70 vehicles for sale = 70 vehicle spacesx Page 17 0.06 $ 0.11 0.04 $ 0.09 Formatted: Font: (Default) Arial, 9 0.01 $ 0.01 pt _ ' Formatted: Font: 9 pt Formatted: Font: (Default) Arial, 9 i Pt ' ! Supermarket Free-Standing Discount Store Home Improvement Superstore Car Sales -New Commercial - Restaurant Restaurant Fast Food Restaurant 850 sf/GFA 813, 815, 861, 863, 864 sf/GFA 862 sf/GFA 841 sf/GFA 931 sf/GFA 934 sf/GFA 0.33 $ 0.64 0.10 $ 0.19 0.37 $ 0.70 0.09 $ 0.16 0.63 $ 1.20 2.87 $ 5.51 N otes: A. ITE Land Use Code based on ITE Trip Generation, 7th Edition B. Impact fee rate calculation is based upon the following methodology: - Truck Trip Rate = Daily Truck Trip Generation (per unit of ineasure) Truck Trip Rate x Per Trip Fee = Impact Fee Rate (per unit of ineasure) C. For land uses not specifically identifled in the table, trip generation rates could be derived from a special study by the applicant. D. sf /GFA=Square feet of Gross Floor Area; sf/GLA= Square Feet of Gross Leasable Area 3. Impact Fees By Land Use - Revenue Credit = 20% (Per Ordinance No. 5977, Resolution 3953, and Resolufion No. 4022) Total Adjustment Fire and EMS Fire and EMS (Revenue Impact Fee Cost Credit) At Per Land Use Per Unit Of 20% Unit of Development Development Residenfia! Single Family, Duplex, Mobile Home $ 362.66 $ 72.53 $ 290.13 per dwelling unit Multi-family 383.09 76.62 306.47 per dwelling unit Non-Residenfia! Hotel/Motel 0.53 0.11 0.42 per sq ft Hospital/Clinic 1.05 0.21 0.84 per sq ft Group Living 2.63 0.53 2.10 per sq ft Office 0.29 0.06 0.23 per sq ft Retail 0.62 0.12 0.50 per sq ft RestauranUBar/Lounge 1.62 0.32 1.30 per sq ft Industrial/Manufacturing 0.11 0.02 0.09 per sq ft Leisure/Outdoors 1.08 0.22 0.86 per sq ft Agriculture 0.71 0.14 0.57 per sq ft Church 0.38 0.08 0.30 per sq ft Schools/Colleges 1.07 021 0.86 per sq ft GovernmenUPublic Buildings 1.81 0.36 1.45 per sq ft Page 18 Casino 3,78 0•77 3.01 per sq ft Jails 21.99 4.40 17,59 per sq ft 4. Facility Extension Fees: (Per Ordinance No. 5791 and amended by Ordinance No. 5819, Resolution No. 3953, Resolution No. 4272 and Resolution No. 4424.) The Facility Extension Application Fee is $552.00, plus $167.00 for each Facility (Water, Sanitary Sewer, Storm Drainage, Street, private street and private storm systems within private streets). Facility Extension Fees are the summation of the following categories (a+b+c+d), or $1,660.00, whichever is greater. a. For the combined linear footage of water, sewer, storm drainage and private storm drainage within private streets: The first 0 lineal feet (LF) to 1000 LF is charged at $5.50 per LF plus, The next 1001 LF to 2500 LF is charged at $2.80 per LF plus, Any additional over 2500 LF is charged at $1.65 per LF. b. For the linear footage of streets and private streets: The first 0 LF to 500 LF will be charged at $6.90 per LF plus, The next 501 LF to 1000 LF will be charged at $4.10 per LF plus, Any additional over 1000 LF will be charged at $1.10 per LF. c. For non-linear extensions such as pump stations or traffic signals, the extension fee will be determined by the City Engineer based on an estimate of the City's labor Cost associated with the plan review, inspection, and administration of the application. d. For that portion of the water or sewer facility located outside City Limits, but within existing County (King or Pierce) right-of-way, an additional fee of $444.00 plus $5.00 per LF of the combined water and sewer extension located in the existing County right-of-way applies. Facility Extension Fees will be paid as follows: 1. Forty percent (40%) at the time of execution of the facility extension agreement. 2. Sixty percent (60%) upon the City's approval of the construction drawings and prior to the start of construction. 5. Right-of Way Use Permit Fees: (Per Ordinance No. 6125) Type A - Banner: $30.00 Page 19 Type B - Short term Type C - Long term: Type D - Hauling: Street Closure - Type B or C: Sidewalk Closure - Type B or C: Parking Closure - Type B or C: $60.00 $100 for the 15` year /$30 for each additional year $100.00 + estimated staff time @$50 per hour $90.00 $60.00 $60.00 6. Flood Control Zone Permit: (PerOrdinance No. 5819) Base permit fee $50.00 7. Street and Alley Vacations: (Per Resolution No. 4143) $750.00 8. Utility System Development Fees: (Per Ordinance No. 5819 and amended by Resolution No. 3797, Resolution No. 3953, Resolution No. 4272 and Resolution No. 4424.) For all utilities, a charge in lieu of assessment or payback charges may be applicable for the proportional share of the utility line being connected to. a. Water Utility: Connection fees are comprised of a Water Service Installation Permit Fee and the System Development Charge as follows: Meter Water Service Installation Permit Fee System ' Size Existing Water Water Service & Meter Box Installed b Cit Development (In Inches) Service & Meter Box` Paved Street Un aved Street Charge (SDC) '/<orless $212.00 $2,175.00 $1,170.00 $2,424.00 1 $280.00 $2,380.00 $1,475.00 $4,048.00 1-1/2 $450.00 $3,210.00 $2,305.00 $8,072.00 2 $560.00 $3,488.00 $2,588.00 $12,920.00 3 Actual Cost Actual Cost Actual Cost $24,240.00 4 Actual Cost Actual Cost Actual Cost $40,408.00 6 Actual Cost Actual Cost Actual Cost $80,792.00 8 Actual Cost Actual Cost Actual Cost $129,280.00 10 Actual Cost Actual Cost Actual Cost $135,971.00 *Installation of a water meter done by the City and the service either already exists or has been installed by the developer. **Installation of the entire water service is done by the City. b. Sanitary Sewer Utility: Connection fees are comprised of a Permit Fee and the System Development Charge as folfows: Type Permit Fee System Development Page 20 Existing Sewer New Service Line Charge (SDC)* Stub Required Single Family $88.00 $155.00 $850.00 Per Parcel Parcel Other Parcels $88.00 $155.00 $850.00 Per RCE''* Side sewer repair $62.00 on rivate ro ert Side sewer repair $105.00 in ri ht-of-wa *Except that for multifamily residential units with separate water meters for each family unit, the sewer utility systems development charge will be calculated as one RCE per family unit. RCE, Residential Customer Equivalent - an RCE shall be as defined by the King County Department of Natural Resources. In addition to City sanitary sewer connection fees, there shall be a sanitary sewer connection fee imposed to pay Capital Improvement fees to King County per the King County Rate Schedule. c. Storm Drainage Utility: (Per Resolution No. 4566) Connection fees are comprised of a Permit Fee and the System Development Charge as follows: SYSTEM DEVELOPMENT CHARGE SDC Type System Development Charge (SDC) Single Family Residence & Duplexes (on Individual Parcels) $1,162.00 per Parcel Other Parcels $1,162.00 per ESU' "ESU, Equivalent Service Unit - A configuration of development of impervious surfaces estimated to contribute an amount of runoff to the City's storm drainage system which is approximately equal to that created by the average single family residential parcel. One ESU is considered equal to 2,600 square feet of parcel coverage by impervious surfaces. Per ACC 13.48.010. When calculating the total SDC, a credit will be applied for the existing impervious area (New total SDC minus calculated SDC for existing impervious area using the new definition of impervious surface as given in ACC 13.41.010). STORM PERMIT FEE Permit Level** Permit Fee Level 1 $210.00 Level 2 $400.00 Level 3 Base Fee + the Cumulative Additional Fees as indicated below: Page 21 • Base Fee =$1,440.00 for up to 10,000 SF of disturbed area • Cumulative Additional Fee #1 = Base Fee +$400.00 for 10,001 SF up to 43,560 SF (1 Acre) of disturbed area • Cumulative Additional Fee #2 = Cumulative Additional Fee #1 + $100.00 per Acre for each additional disturbed Acre over 1 Acre "'"`Permit levels are determined as follows: Level 1 permits are for all projects that • are not located in a Critical Area and • add or replace less than 2,000 square feet of impervious surface area; andlor • disturb less than 7,000 square feet of land. Level 2 permits are for all projects that: • add or replace 2,000 to 4,999 square feet of impervious surface area; or • disturb 7,000 square feet or more of land. Level 3 permits are for all projects that: • add 5,000 square feet or more of impervious surface area, or • convert acres or more of native vegetation to lawn/landscaped area, or • convert 2.5 acres or more of native vegetation to pasture, or • the new plus repiaced impervious surface area is 5,000 square feet or more and the value of improvements exceeds 50% of the assessed value of existing improvements. 9. Other Utility Fees: (Per Ordinance No. 5819, Ordinance No. 5944, Resolution No 3797, Resolution No. 3953 and Resolution No. 4424.) Fire Service Line Permit $135.00 Fire Hydrant Permits Fire Hydrant Permit and Inspection Fee $238.00 Hydrant Meter Monthly Rate $31.00 Hydrant Meter Weekly Rate $31.00 Hydrant Meter Wrench - Refundab►e Deposit $26.00 Deposit - Hydrant Meter with RPGA Wrench and Valve $1,449.00 Water Main extension purity test fee $181.00 Water Meter test fee, 2" or less $217.00 Water Meter test fee greater than 2" At Actual Cost Storm Drainage Repair Permit Private Storm System located on Private Property $31.00 Storm System located in Public Rig ht-of-Way/Ease ment $57.00 Payback Administrative Fees: (Per Ordinance No. 5954) Application Fee $500.00 Page 22 Processing Fee Area or Special Benefit Analysis Transaction/Collection Fee Outside Professional Services $1, 000.00 $500.00 $300.00 Time and Materials 10. Construction Permits: (Per Ordinance No. 5817, Resolution No. 3953, Resolution No. 4272, and Resolution No. 4424.) The fees for Construction Permits are as follows: Basic Fee (BF) $150.00 Hourly Inspection Rate (HIR) Normal Business Hours $52.00 After Hours (after hours work includes weeknights, weekends, $80.00 and holidays and will be at the after hours HIR x the duration of the work. For Excavation Type Work Lenqth of Excavation (feefl Additional Fee (AF) 31 - 100 $52.00 101 - 250 $155.00 251 - 500 $259.00 501 - 750 $362.00 751 - 1000 $466.00 Permit Fee = BF + AF (for the appropriate length of excavation) If the excavation exceeds 1000 linear feet the following will be used: Permit Fee = BF +$466.00 +(HIR x(Length of Excavation -1000)/100) For Non-Excavation Type Work: This work includes any work in the public right-of-way that is not covered by any other permits and includes such things as overhead utility work, geotechnical borings, horizontal directional drilling and vault installation. Permit Fee = BF +(HIR x Permit Duration in days) In Lieu of Fee: In lieu of the above standard rates, the city engineer or his/her designee may calculate the fee based upon current labor rates for administrative and inspection staff after developing an estimate of staff effort involved. For projects that are expected to involve significantly more than 1,000 feet of street excavation or when the scope or duration cannot be accurately estimated, the city engineer may establish a deposit account to manage permitee deposits in advance of permit issuance for reimbursing actual labor costs of administering the permit. Such deposit accounts will not be interest bearing and will be closed at the end of the permitted work when a final accounting of the permit administration cost shall be calculated and a final bill or credit issued to the permitee. 11. Memorial Sign Program: (Per Ordinance No. 6137, and Ordinance No. 6149) Page 23 Memorial Sign $150.00 12. Special Permits: (Per Ordinance No. 5817 and amended by Resolution No. 3953, Resolution No. 4272 and Resolution No. 4424.) Permit Tvpe Base Fee Additional Per Linear Foot Fee Sidewalk $54.00 $1.10 per foot for each foot over 25 Linear Feet Residential Driveway $54.00 $1.65 per foot for each foot over 20 Linear Feet'` Commercial Driveway $107.00 $2.20 per foot for each foot over 48 Linear Feet" *Driveway widths are based on the width of the driveway apron in the right-of-way. Page 24 G. PARKS AND RECREATION (Per Resolution No. 3797 and amended by Resolufion No. 3953, Resolution No. 4117, Resolution No. 4272, Resolution No. 4424, Ordinance No. 6276, and Resolution No. 4552..) Resident Non-Resident Les Gove Building $15/hour $20/hour 3 hour minimum Seven da s a week 9 a.m. - 11 .m. Resident Non-Resident Parks, Arts & Recreation Administration Building $30/hour $38/hour 3 hour minimum Frida 530 - 11 .m.; Saturda and Sunda 9 a.m. - 11 .m. Basic Kitchen $25 $25 Resident Non-Resident Senior Activit Center Full Facility (includes basic kitchen use) $80/hour $100/hour Available Friday evenings, Saturday and Sunday. Tables and chairs for up to 200 people max. 3 hr. minimum, 5:30-11 p.m. (Friday eve.); 5 hr. minimum, 9 a.m.-11 p.m.(weekend) Additional cleanu time is available after 11 .m. Rental Package Friday night & Saturday: 4 hours Friday and $1,200 $1,500 u to 12 hours of active use on Saturda Rental Package Full Day Saturday or Full Day Sunday: up to $1,000 $1,300 12 hours of active use on either da Millennium Rooms $20/hour $25/hour Friday only, 3 hour minimum, 5:30 - 11 p.m., 63 people per room maximum, 3 rooms available; weekend options available within 30 da s or less Weese & Rotary Rooms $15/hour $20/hour Monday - Friday, 2 hour minimum, 5:30 - 11 p.m., 40 people er room maximum Damage & Cleaning Deposit (for Full Facility and Millennium $300 $300 room rentals without alcohol Damage & Cleaning Deposit (for Full Facility and Millennium $500 $500 room rentals) with alcohol ($1,000,000 excess liability insurance required Optional cleaning fee (fee required with use of alcohol in $200 $200 facilit Commercial kitchen and/or use of dishes, tableware, ots, etc. $50 $50 Kitchen with Millennium Room 3 $25 $25 Page 25 Resident Non-Resident Veterans Memorial Building 3 hour minimum Seven da s a week 9 a.m. - 11 .m. $30/hour $38/hour Resident Non-Resident Baseball/SoftballlGrass Fields Reservations made in 1.5 hour increments Youth $7.50/1.5 hour $9.00/1.5 hour Adult $18/1.5 hour $22.50/1.5 hour Field Li hts $30/1.5 hour $30/1.5 hour Field Maintenance $25 er field $25 er field Baseball/Softball! Fastpitch Tournaments Reservations made for 1 or 2 da tournaments 1 Day 2 Day Youth $600 $900 Adult $800 $1,200 Field Li hts $30/1.5 hour $30/1.5 hour Resident Non-Resident Synthetic Turf Fields Reservations made in 1.5 hour increments Youth $36/1.5 hour $45/1.5 hour Adult $48/1.5 hour $60/1.5 hour Field Li hts $30/1.5 hour $30/1.5 hour Resident Non-Resident Game Farm Wilderness Park Campgrounds $20/night $25/ni9ht Daily, Open year round 7 ni hts maximum Game Farm Wilderness Park Day Camp Area $50/day $70/day Daylight hours, April 1- October 15 Minimum Rental: 1 da Picnic Shelters Auburn residents Non-residents Game Farm Park Half Day* Full Day* Half Day* Full Day'` Single quadrant (max: 25) Monday - Friday $20 $40 $25 $50 Saturday - Sunday N/A N/A N/A N/A Ful1 day Mon-Sun Full Shelter) 1-99 $80 $160 $100 $200 Page 26 Mon-Sun (Full Shelter) 100-199 $120 $240 $150 $300 Mon-Sun (Full Shelter) 200+ (must afso rent N/A $300 N/A $375 amphitheater) Amphitheater $50 $100 $65 $130 Isaac Evans Park $40 $80 $50 $100 RoegnerPark $40 $80 $50 $100 Game Farm Wilderness Park $40 $80 $50 $100 Sunset Park Mon-Sun Single Quad $20 $40 $25 $50 Mon-Sun (Full Shelter) 1-99 $80 $160 $100 $200 Mon-Sun (Full Shelter) 100-199 $120 $240 $150 $300 Mon-Sun (Full Shelter) 200+ NA $300 NA $375 Rental Rate Schedule for Auburn Ave Theater Resident Non-Resident Weekda s Mon-Thur $170.00 $200.00 Weekend Da s Fri., Sat., and Sun. $270.00 $320.00 Cleaning/Damage deposit. The terms and $300.00 $300.00 conditions for full or partial refund of deposit apply to approval of Check-Out List, including theater, e ui ment lot restoration. Hourly commercial rate for meetings $35/hr $35/hr 2 hour min. for "4-wal" only of lobby, auditorium, and sta e Equipment not included: Use of any theatrical $30/hr $30/hr e ui ment additional char e $1,000,000 excess liabilit insurance re uired U on re uest U on re uest Impact Fees: Park Impact Fees $3,500.00 per residential dwelling unit Page 27 H. MULTIMEDIA DUPLICATION (Per Resofution No. 3953 and Resolutron No. 4552.) DVD copv CD copv $10.00 per disc $5.00 per disk Page 28 I. INFORMATION SERVICES AND GIS'-z (Per Resolution No. 4272, Ordinance 6276, aRd Resolution No. 4552, aric! Resolutiorr fVQ. Much of the City's geographic data is available for sale per the prices below plus Washington State sales tax. A signed public records request form is required. Most public records requests can be completed within seven to ten business days and will be delivered in ESRI Shapefile format without Metadata. Maps Existing Map Custom Maps (any non-existing map) Data Di ital Data I;e uests r.,..,.,lo+o nLi-,.+or co,.+•., „f i..,a,.ery !(_ei.TICC\ Miscellaneous CD-Rom All other reauests for cfata or information ncst specifical] IiHourlY Hau ~gl,a e t ~.)m;;tu any Qf~Lelow fr3e huu i;~iniuYn c^a€ aey_ Hou~cFa des Yh~ •ucst of ~rocessinc~2,nc ~2avid;n usfon mu~sts., v` Nqu.~v crta_c,n~,l„ctc _the c~sT of c,rocessi^g ;-r orid~€~a ~ gita' c~a e~sts, $5.00 + tax $2-550.00 shar-geper hour'~ + #ax 5(l.C?C~ er hour'' + tax . M0.00 $5.00 ± tax $250.00 per hour + 2ax Page 29 Distributed at the May 3, 2010 Finance Committee Meeting by HR Director Brenda Heineman ESTIMATED COST KING COUNTY KC 2.5 yrs 2010 (last half 2011 2012 Annual Cost 5.5% annual inflator Shelterin Fees $159,269 $336,057 $354,540 ACO Sala and Benefits 1 FTE $67,990 $143,459 $151,349 Licensin Costs $22,526 $47,530 $50,144 Enhanced Services .5 FTE $31,250 $65,938 $69,564 SubTotal $281,035 $592,983 $625,597 Annual Revenue fr Licensin $79,208 $158,417 $158,417 Transition Fundin $85,343 $170,469 $112,510 SubTotal $164,551 $328,886 $270,927 Estimated Annual Cost $116,484 $264,097 $354,670 Current licensing is only estimated at 18% of potential. If the City could increase it's licensing revenue 7% (to 25%) through education/informational programs it could result in an additional $11,000. L:\Organizational Design (Reorg)\Police\Animal Control & Rescue\2010\Counci1050210xIs.xlsCounci1050330