HomeMy WebLinkAboutAgenda Packet 02/01/2005pORTANC;ELES
WASHINGTON, U.S.A.
AGENDA
CITY COUNCIL MEETING
321 EAST FIFTH STREET
February 1, 2005
REGULAR MEETING - 6:00 p.m.
A. CALL TO ORDER - Regular Meeting (6:00 p.m.)
ROLL CALL -
PLEDGE OF ALLEGIANCE -
CEREMONIAL MATTERS &
PROCLAMATIONS
WORK SESSION
(1) LATE ITEMS TO BE PLACED ON THIS OR FUTURE AGENDAS as determined by City Manager or
City Council member
(2) PUBLIC COMMENT This is an opportunity for members of the public to speak to the City Council about
anything. To allow time for the Council to complete its legislative agenda, comments should be limited to no more than
5 minutes per person and a total of l S minutes for this comment period. (These time periods may be lengthened or
shortened at the discretion of the Mayor..)
FINANCE
1. CH2M Hill Contract Amendment
2. Spot Coating #2 Floating Cover, Project 04-
10A
3. Landfill Compactor Engine Replacement
4. Waterfront Trail Repairs (Paperwork to be
handed out before meeting)
5. Chamber of Commerce Contract
6. Economic Development Council (EDC)
Contract
7. Request to extend Humane Society Contract
by one month ( Verbal )
8. Vehicle Purchases from State Bid
E. CONSENT AGENDA
1. City Council Minutes - January 18, 2005
2. Expenditure Report - January 21, 2005 -
$857,324.46
F. CITY COUNCIL COMMITTEE REPORTS
G. RESOLUTIONS
1. Approve Amendment
2. Re-Award Contract
3. Approve Replacement
4. Approve Repairs
5. Approve Contract
6. Approve Contract
7. Approve Request
8. Approve Purchase
1. Accept Consent Agenda
NOTE: HEARING DEVICES AVAILABLE FOR THOSE NEEDING ASSISTANCE
MAYOR TO DETERMINE TIME OF BREAK
February 1, 2005Port Angeles City Council Meeting
Page- 1
ORDINANCES NOT REQUIRING PUBLIC
HEARINGS
1. Adjust City Limits - Mt. Angeles Road
2. Refunding of 1995 G.O. Bonds and 1995
Electric Utility Revenue Bonds
OTItER CONSIDERATIONS
1. Request to circulate an Annexation Petition -
Pitt - 2.30 acres, Homestead Avenue
2. Request to circulate an Annexation Petition -
Andrews - 36 acres, Ahlvers / Laurel
3. Fluoride Discussion re: Potential Advisory
Ballot (No paperwork in packet)
4. Approve 3/4 Time Employee to Full Time:
City Attomey's Office
5. Set City Council Special Meeting Date to
Appoint Planning Commission Members
J. PUBLIC ItEARINGS - QUASI-JUDICIAL
(7:00 P.M. or soon thereafter)
K. PUBLIC HEARINGS - OTHER
L.
1. Adopt Ordinance
2. Adopt Ordinances
1. Approve Annexation Petition Circulation
2. Approve Annexation Petition Circulation
3. Discussion
4. Approve Request
5. Set Date
INFORMATION
1. City Manager Reports:
P.A. Downtown Program Manager's Fourth Quarter Report (Page I00)
Change Orders, Contracts under $154K, Bids (Page 108)
[] Pool Renovation Implementation Schedule (Page 110)
2. C.C. Humane Society Report - December 31, 2004 (Page 115)
3. Economic and Community Development Year-End Reports (Page 119)
4. Public Works & Utilities Quarterly Report (Page 123)
5. Park Board Minutes - December 16, 2004 (Page 127)
M. EXECUTIVE SESSION (As needed and determined by City Attorney)
N. ADJOURNMENT
PUBLIC HEARINGS
Public hearings ars set by the City Council in order to meet legal rsquirsments pertaining to matters such as, land use permit applications, proposed
amendments to City land use regulations, zoning changes, annexations. In addition, the City Council may set a public hearing in order to receive
public input prior to making decisions which impact the citizens. Certain mattem may be controversial, and the City Council may choose to seek
public opinion through the public hearing process.
NOTE: HEARING DEVICES AVAIl,ABLE FOR THOSE NEEDING ASSISTANCE
MAYOR TO DETERMINE TIME OF BREAK
February 1, 2005Port Angeles City Council Meeting
Page - 2
pORTANGELES
WASHINGTON, U. S. A.
CITY COUNCIL MEETING
February 1, 2005
CALL TO ORDER - REGULAR MEETING:
ROLL CALL:
Members Present:
Mayor Headrick
Councilmember Braun
Councilmember Erickson
Councilmember Munro
Councilmember Pittis
Councilmember Rogers
Councilmember Williams
Staff Present:
Manager Quinn
Attomey Bloor
Clerk Upton
B. Collins
G. Cutler
D. McKeen
T. Riepe
Y. Ziomkowski
/om
Other Staff Present:
PLEDGE OF ALLEGIANCE:
pORTAtNGELES
CITY COUNCIL MEETING
Attendance Roster
DATE OF MEETING:
LOCATION:
February 1, 2005
City Council Chambers
pORTA-¥GELES
WASHINGTON, U.S.A.
CITY COUNCIL MEETING
Attendance Roster
DATE OF MEETING: February 1, 2005
LOCATION:
City Council Chambers
was H]N GTO N, U. S. A.
City of Port Angeles
Ordinance/Resolution Distribution List
City Council Meeting of February 1, 2005
ResolutiOn No.
City Manager
City Atty. (1)
Plannin~
city C~erk
Deputy ¢~erk
Personnel
Cust. Svcs.
Finance
Police Dept.
Fire Dept.
Light Dept.
Parks & Rec.
MRSC;i)
PDN (Summary)
Extra Coloies
,o.,,,d
TOTAL
WASHINGTON, U.S.A.
CITY COUNCIL MEMO
DATE:
TO:
FROM:
SUBJECT:
February 1, 2005
CITY COUNCIL
Glenn A. Cutler, Director of Public Works and Utilities 5(.A/,~
Amendment No. 1 to the Consultant Agreement with CH2M Hill,
Contract #04-11
Summary: It is necessary to amend the agreement with CH2M Hill to provide engineering
services related to the design of utility extensions to the proposed annexation area in the western
urban growth area (WUGA), as well as expanding the scope of the task of developing an
Emergency Response Plan for the Water Utility. A scope and budget for the additional work has
been negotiated.
Recommendation: Authorize the Mayor to sign Amendment No. 1 to the Consultant
Agreement with CH2M Hill, in the amount of $424,059.10, for a total contract amount not
to exceed $842,059.10.
Background/Analysis: On October 19, 2004, the City signed a Consultant agreement with
CH2M Hill to provide a number of engineering services, organized as tasks listed in the table
below. There is a need to amend the agreement for two reasons: (1) to provide engineering
services related to providing utilities to the southerly portion of the WUGA to support economic
development, and (2) to expand the scope of an Emergency Response Plan (ERP) for the Water
Utility.
The City has committed to extending utility services to that area of the WUGA south of Hwy
101 that has started the annexation process, including the industrial area where a new mill will be
cons.t .~cted later this year. The utility extensions will include a new water pump station able to
provide 3,000 gallons per minute fire flow to the mill via a 16-inch diameter water line, a sewer
pump station and force main, sewer collection lines, a buried electric utility extension, conduit
for fiber optics, and service connections. These facilities will be sized to accommodate future
growth in the area, including serving some of the area in the WUGA north of Hwy 101.
Based on the extensive involvement that CH2M Hill has had in providing engineering services
for the City's water system, CH2M Hill was selected to perform the design for extending all the
utilities. Task 8 has an aggressive schedule so that construction can be completed on most of the
facilities by November 2005.
1
N:\CCOUNCLL~FINAL~anend Nol to CH2M Hill Agreement.doc
Under this Amendment, task 4's scope and budget has been increased $5,000 to allow for
integration of the Water Utility's draft ERP into the City's Emergency Management Plan (EMP).
This will avoid duplication of emergency preparedness plans and provide a template for the other
City utilities to use in integrating their plans into the City-wide EMP.
TASK Original Amendment Funding Source
Amount No. 1
Federal Government,
1. Elwha Dam Removal $71,759.00 $71,759.00 Water Utility~
Mitigation
2. Phase 2 of Concrete $224,160.00 $224,160.00 2002 Water/Wastewater
Cylinder Pipe Replacement Bond
3. Develop Vulnerability 2005 Water Utility
Assessment-Related Capital $15,423.00 $15,423.00 Budget
Improvement Program
2004 & 2005 Water
4. Emergency Response Plan $14,436.00 $19,436.00 Utility Budget
5. Fairmount Pump Station $28,581.00 $28,581.00 ~ 2004 Water Utility
Construction Support Budget
6. Update Scope and Budget
for Water Projects $3,663.00 $3,663.00 Budget 2005 Water Utility
7. Other Services as Directed $59,978.00 $59,978.00 Varies2
8. West UGA Utilities NA $419,059.00 Utilities3
Total $418,000.00 $842,059.10
Reimbursement of some, but not all, f the costs to be ~rovided by the federal
government
Directed services are likely to be for Task 1, which will be reimbursed by the
federal government. If not, funding source will be the Water Utility.
Funding sources will be the Water, Wastewater and Light Operations funds.
Due to the urgency of having CH2M Hill start the design work, this amendment was informally
discussed at the January 11, 2005 Utility Advisory Committee meeting, but not presented for
approval in such detail as herein. A draft of this memo has been provided to the UAC members
electronically for review, however.
The duration of the agreement will be through August 30, 2006, and based on the completion of
all tasks. The agreement was extended from its original January 31, 2006 date to allow for
adequate time to complete task 2. Task 2 was originally scheduled to be completed in 2005, but
has been delayed due to the urgency &completing task 8 in a timely manner.
WASHINGTON, U.S.A.
CITY COUNCIL MEMO
DATE:
TO:
FROM:
SUBJECT:
February 1, 2005
CITY COUNCIL
Glenn A. Cutler, Director of Public Works and Utilities
Re-Award Spot Coating of the #2 Floating Digester Cover, Project 04-10A
Summary: On November 16, 2004, Square Construction, Inc. was awarded a contract for
$29,241.00, including tax, to apply coatings to the #2 Floating Digester Cover. Square
Construction could not perform the work. Grecor Construction, the second lowest bidder, was
requested to perform the work at their bid price of $30,865.50.
Recommendation: Award and authorize the Mayor to sign a contract with Grecor
Construction, of Olympia in the amount of $30,865.50, for Spot Coating the #2 Floating
Digester Cover, Project 04-10A.
Background/Analysis: The subject project involves sandblasting and spot coating those areas of
the cover for Digester #2 that were found to have not been properly coated during the 1993
Wastewater Treatment Plant (WWTP) upgrade. The areas noted during a recent inspection are
along the support ribs for the dome and at the point where the curved dome transitions to the
vertical skirt. There was no evidence of coating failure from the coatings that were applied in 1993.
This is why staff determined that just a "spot coating" was necessary rather then doing the entire
steel structure. This digester had not been inspected since the 1993 plant upgrade.
The project was advertised using the City's Small Works Roster on October 28, 2004. Three
contractors expressed an interest in bidding on the work. Bids were due November 9, 2004, and
three bids were received. The lowest responsible bid, from Square Construction, Inc. of Port
Angeles, was 2% under the engineer's estimate.
Summar of Bid Results
FIRM [CITY I BID (Including tax)
Square Construction, Inc. Port Angeles $29,241.00
Grecor Construction Olympia $30,865.50
Extreme Coatings, Inc. Pasco $34,829.28
Engineer's Estimate $30,000.00
N\ UN IL~FINAL~S C #2FI C Pr 04 10A 3 dd
: CCO C pot oating oaring over, oj - , re-awar . oc
At its November 16, 2004 meeting, the City Council authorized the Mayor to sign a contract with
Square Construction, Inc. The Contractor signed the contract, but before Notice to Proceed was
issued, Square Construction, Inc. sent a letter to the City notifying it that they "can not do the job on
the contract that was signed." Subsequently, to confirm its withdrawal from the project, the owner
of Square Construction signed and notarized a statement releasing all interest in the contract.
Square Construction will be dropped from the Small Works Roster and considered non-responsive
if it bids on any City project on or before December 3 l, 2005, or a later date at the discretion of the
City.
As the digester needs to be put back into service as soon as possible, staffis recommending that a
contract be awarded to Grecor Construction, who as indicated that they will honor their bid price.
It is therefore recommended that the City Council authorize the Mayor to sign a contract with
Grecor Construction in the amount of $30,865.50. This expenditure will come from the Repairs and
Maintenance line item (4810) of the 2004 Wastewater budget, adequate funds of which are being
carried over into the 2005 budget.
pORTANGELES
WASHINGTON, U.S.A.
CITY COUNCIL MEMO
DATE:
TO:
FROM:
SUBJECT:
February 1, 2005
CITY COUNCIL
Glenn A. Cutler, Director of Public Works and Utilities
Engine Replacement for Landfill Compactor
Summary: An urgent repair to the compactor serving the landfill is required due to a major
engine failure. Equipment Services will outsource this work to NC Machinery, a local authorized
Caterpillar repair facility specializing in this type of equipment.
Recommendation: Authorize the Director of Public Works & Utilities to secure the services
f NC Machinery to replace the engine.
Background/Analysis: The Compactor is a singular piece of equipment at the Landfill, critical to
the efficient final compaction of solid waste, that logs over 6000 hours of operation annually. On
January 22, 2005, the Compactor had a sudden oil loss that caused the engine to seize. The
Equipment Services' investigation indicates that a major failure occurred under the ejector pump,
further evidenced by a massive discharge ofoil on the exterior of the engine. As a result, the
engine will require replacement in order to make the Compactor operational. It is noted that all
appropriate engine operator checks had been performed prior to engine starmp in accordance with
standard operating procedures for Landfill equipment.
A local Caterpillar dealer, NC Machinery, has provided the estimated cost of repair of$11,230 for
parts and $6,550 for labor, for a total of $17,780. Additional miscellaneous expenses and freight
for shipping the new engine are anticipated. Funding for the repair will come from reserves on the
compactor in the equipment repair and replacement fund.
Recommend approval for a purchase order up to $20,000 to cover the cost for urgent engine
replacement by NC Machinery. This piece of equipment is considered a pollution control device.
5
N:\CCOUNCIL~FINAL~Landfill Compactor Engine Replacement.t~f
WASHINGTON, U.S.A.
CITY COUNCIL MEMO
DATE:
To:
FROM:
SUBJECT:
February 1, 2005
CITY COUNCIL
Glenn A. Cutler, Director of Public Works and Utilities
AWARD OF OLYMPIC DISCOVERY TRAIL EMERGENCY REPAIRS PROJECT NO. 05-05
Summary: Bids were requested from four Small Works Roster contractors to repair storm damage to
the Olympic Trail at various locations east of the Rayonier Mill Site. Three bids were received and
opened January 28, 2005. Horizon Excavating, Inc. of Port Angeles submitted the lowest responsible
bid in the amount of $27,473.55, including applicable taxes.
Recommendation: Award the project and authorize the Mayor to sign a contract with Horizon
Excavating, Inc., in the amount of $27,473.55 for the Olympic Discovery Trail Emergency
Repairs Proj eot 05-05.
Background/Analysis: Duringthe period of January 10-14, exceptionally high tides and winter
storm events coincided to cause the failure in several locations of the shore revetment currently relied
upon to protect a portion of the Olympic Discovery Trail. Specifically, the high-tide and wind-driven
wave action caused the heavy loose rip rap to fall from the upland area, leaving several areas of the
trail facility exposed to further erosion activity. In some areas, erosion has undermined the paved
trail facility and created a safety concern.
Due to the nature of the damage, the repairs have been classified as an emergency, and on January 27,
2005, the Clallam County Department of Community Development granted a shoreline exemption
with the condition that the repairs be completed by February 15, 2005 in accordance with the
requirements of the Washington Department of Fish and Wildlife.
Bids were solicited from four Small Works Roster contractors. Three bids were received. The low
responsible bid, from Horizon Excavating, Inc., of Port Angeles, in the amount of $27,473.55, is
within the engineer's estimate. A summary of the bid results is provided below:
Contractor City Bid (Including Tax)
Horizon Excavating, Inc. Port Angeles, WA $27,473.55
Primo Construction, Inc. Sequim, WA $30,793.75
Bayview Excavating, Inc. Sequim, WA $33,193.95
Engineer's Estimate $31,000.00
In that this is not a budgeted project it is recommended that funding be from the unallocated portion
of the General Fund Projects for Capital Facilities Improvements. It is further recommended that the
City Council award the project and authorize the Mayor to sign a contract with Horizon Excavating,
Inc., in the amount of $27,473.55 for the Olympic Discovery Trail Emergency Repairs Project 05-05.
Attachment: Map
N:\CCOUNCIL~FINAL\Water Front Trail Repairs. Proj 05-05, Award.doc
pORTANGELES
WASHINGTON, U.S.A.
CITY COUNCIL MEMO
DATE:
TO:
FROM:
SUBJECT:
FEBRUARY 1, 2005
CITY COUNCIL
MIKE QUINN, CITY MANAGER
2005 Port Angeles Chamber of Commerce Contract for Tourism Promotion Services
Summary: As part of the City's 2005 budgeting process, Council approved a recommendation set forth by the
City's Lodging Tax Advisory Committee to allocate Lodging Tax funds for tourism information and promotion services
to the Port Angeles Chamber of Commerce. A contract for those services has been prepared for consideration by
Council. The amount for 2005 is $337,527.
Recommendation: Authorize the Mayor to sign the contract with the Port Angeles Chamber of Commerce for
2005 tourism information and promotion services.
Background / Analysis: Consistent with the 2005 City budgeting process, a contract proposal relating to tourism
information and promotion services has been developed between City staff and the Chamber. The allocation of funds
identified in the Council adopted 2005 City Budget were recommended to the City by the City Council's Lodging Tax
Advisory Committee consistent with the process required by Washington State Law.
The proposed contract provides funding resources and performance expectations in accordance with the Chamber's
request and the recommendation by the City's Lodging Tax Committee. Terms of the proposed contract include the
following:
$55,000: Maintenance and Operation of Tourist Information Facility (the Visitors Center and Chamber Dues)
The Contractor will maintain and operate a tourist facility for the distribution of tourist-related information generally
considered to be of an informational and assistance nature to tourists or visitors to the community, including travel
directions, directions to points of interest, lodging accommodations and other hospitality services, recreational activities,
cultural events, emergency services, and other referral services. This funding category also contains a provision for the
City's annual Chamber of Commeme Membership Dues.
$282,000: Tourist Promotion Services, Special Events
The Contractor will provide tourist services in the form a (A) a Port Angeles-specific marketing and special events
program and (B) a peninsula-wide joint tourism marketing cooperative. The organizations participating in the joint
marketing campaign include Sequim, Forks, Clallam Bay/Sekin, Port Townsend, Jefferson County and Clallam County
through the No~h Olympic Peninsula Visitor and Convention Bureau.
The contract as proposed also includes the City's 2005 Chamber Membership dues in the amount of $527.
In terms of contract changes we (I) referenced all dollar amounts to Exhibit "A", (2) set the term on an annual renewal
with a 90-day termination clause, (3) removed the travel reimbursement policy since it is an operational issue of the
Chamber and really no longer part of the contract services and (4) required detailed reporting of the full allocation.
7
I:\OFFICE\WPWINkMYFILES\CM Corres~chamber contract memo 05.wpd
CONTRACT FOR TOURIST INFORMATION AND
TOURIST PROMOTION SERVICES
THIS CONTRACT is entered into this day of ., 2005, by and between the
City of Port Angeles, Washington, herein after called "City", and the Port Angeles Chamber of
Commerce, a non-profit corporation, hereinafter called "Contractor".
AGREEMENTS
NOW, THEREFORE, in consideration of the above representations and the payments,
covenants and agreements hereinafter mentioned, to be made and performed by the parties hereto,
the parties covenant and agree as follows:
1. It is in the public interest for hotel/motel tax funds to be expended for tourist
promotion services in the City of Port Angeles.
2. Pursuant to RCW 67.28.1815, the City of Port Angeles is authorized to expend
special excise tax funds for "pay/ng all or any part of the cost of tourism promotion, acquisition of
tourism-related facilities, or operation of tourism-related facilities". "Tourism promotion" is defined
in RCW 67.28.080(6)to mean activities and expenditures designed to increase tourism, including but
not limited to advertising, publicizing, or otherwise distributing information for the purpose of
attracting and welcoming tourists, developing strategies to expand tourism, operating tourism
promotion agencies, and funding marketing of special events and festivals designed to attract
tourists.
3.
The Contractor desires to provide tourist promotion services by:
A. operating a tourism promotion agency;
Contract for Tourist Information and Tourist Promotion Services
Page 1 of 6; G:\Legal_Backup\AGR~EMENTS&CONTRAC~\Cha~ber1-25-05
City:
B. advertising, publicizing, or otherwise distributing information for the purpose
of attracting and welcoming tourists and operating tourism promotion
agencies; and
C. marketing special events and festivals designed to attract tourists.
Services. The Contractor will provide the following services for the benefit of the
Operation of Tourist Information Facility.
The Contractor will operate a tourist facility for the distribution of tourist-
related information as follows:
(1) The Contractor will furnish the following services:
(a)
Services generally considered to be of an informational and
assistance nature to tourists or visitors to the community,
including travel directions, directions to points of interest,
lodging accommodations and other hospitality services,
recreational activities, cultural events, emergency services,
and other referral services.
(b)
Interpretive displays, audio-visual programs, or other media
designed at promoting the City and County tourist attractions.
(2)
Hours of Operation: The Contractor, to the maximum extent feasible,
shall maintain hours of operation for the information facility
sufficient to keep it open and available to the public the year around,
but particularly, will adjust hours of operation to best cover the peak
tourist months. During the generally recognized tourist season, hours
of operation, as much as possible, shall be coordinated with the
arrival and departure schedule of the Port Angeles-based ferry
operations or such other schedule of operation so as to provide
optimum coverage in proportion to the demand on the facility for
tourist services.
(3)
Staffing: The Contractor will provide qualified, trained staff to
operate the tourist information facility in a professional and
competent manner.
Contract for Tourist Information and Tourist Promotion Services
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B. Other Tourist Promotion Activities. (See attached Exhibit A for specific
dollar amounts which are subject to change on a year-to-year basis depending upon the City budget).
The Contractor will perform tourist promotion services in the form of
advertising and publicity programs and tourism marketing cooperatives of
organizations in accordance with the funding outline and media plan set forth
in the attached Exhibit "A".
C. Additional Services.
The Contractor may provide additional services consistent with those services
described in this Section and consistent with the tourism promotion activities
authorized by RCW 67.28.1815 and 67.28.080(6), provided that the City will
compensate the Contractor for each additional service only to the extent that
all services described within this Section have been satisfactorily performed
and to the extent that funds remain under the total payment amount set forth
in Section 6.
5. Duration of Contract. The performance of the Contractor shall commence on the 1 st
day of January, 2005, and continue as an annual contract fi.om year-to-year. The Contract may be
terminated by either party at any time and without cause by giving to the other party at least 90 days
written notice of termination.
6. Compensation and Method of Payment. The City shall reimburse the Contractor for
services rendered as follows:
Maintenance and Operation of Tourist Facility and Tourist Promotion
Activities.
In consideration of the services to be performed with respect to operation of
the tourist facilities and other tourist promotion activities, and upon receipt
and acceptance by the City Manager or designee of the Contractor's monthly
invoices for maintenance and operation expenses and invoices for expenses
for advertising and for marketing special events, the City will reimburse the
Contractor for services rendered in amounts stated in Exhibit A for each
calendar year.
Contract for Tourist Information and Tourist Promotion Services
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B. Annual Dues.
The City will also pay to the Contractor the additional sum as listed on
Exhibit A which is subject to change on a year-to-year basis depending upon
the City budget, representing dues for the City as a member of the Port
Angeles Chamber of Commerce for calendar year 2005.
For each calendar year, an Exhibit A will be attached to this agreement. The exhibit will list
specific dollar amounts allocated to each service to be performed by the Contractor. The amounts
are subject to change each year as authorized in the City budget.
4. Record Keeping and Renortine.
The Contractor shall provide the City with the 2004 budget of the Port
Angeles Chamber of Commerce, a copy of which is attached hereto as
Exhibit "B" and include current salaries and benefits for all employees and
classifications of employees, and shall notify the City within 30 days of any
increases in salaries or benefits from the previous year.
The Contractor shall maintain accounts and records which accurately reflect
the revenues and costs for the operation of the Port Angeles Chamber of
Commerce and Tourist Information Facility. Accounting for maintenance
and operation of the Port Angeles Visitor Information Center, as a separate
cost center, shall be maintained by the Contractor. These financial records
and all records relating to the performance of this Contract shall be available
for City inspection.
The Contractor shall provide the City with reports fully describing what work
has been performed pursuant to this Contract, how the work relates to the
services and activities set forth in Section 1, identifying how the work has
contributed to increased lodging visits to Port Angeles, and including a
current statement of revenues and costs. Said reports shall accompany the
monthly invoices. The final monthly report shall include a complete report
describing and detailing how the performance of the contemplated services
has been accomplished in accordance with this Contract.
The Contractor shall use its best efforts to economize on overhead expenses
to the maximum extent feasible in providing the services to be performed
pursuant to this Contract.
5. Independent Contractor Status. The relation created by this Contract is that
of independent contracting entities. The Contractor is not an employee of the City and is not entitled
to the benefits provided by the City to its employees. The Contractor, as an independent contractor,
Contract for Tourist Information and Tourist Promotion Services
Page 4 of 6; G:\Legal_Backup\AGREEMENTS&CONTRAC~hamberl-25-05
has the authority to control and direct the performance of the details of the services to be provided.
The Contractor shall assume full responsibility for payment of all Federal, State, and local taxes or
contributions imposed or required, including, but not limited to, unemployment insurance, Social
Security, and income tax.
6. Hold Harmless and Insurance. The Contractor shall protect, defend, save harmless,
and indemnify the City, its officers, agents, and employees from and against any and all claims,
damages, losses, and expenses, including reasonable attorney's fees, occurring, arising, or resulting
from supplying work, services, materials, or supplies in connection with the performance of this
Contract. The Contractor shall provide a Certificate of Insurance evidencing occurrence-based
Commercial General Liability insurance with limits of no less than $1,000,000 combined single limit
per occurrence, with the City shown as a named additional insured.
7. Breach.
A. In the event of either partes material breach of the terms or conditions of this
Contract, the non-breaching party reserves the right to withhold payments or
services until corrective action has been taken or completed. However, the
party shall not exercise this right until they have given written notice of such
material breach to the breaching party and ten days have passed since the
receipt of such notice. This option is in addition to and not in lieu of the
parties' right to terminate this Contract or any other fight which State law
offers for breach of contract.
B. If either party shall materially breach any of the covenants undertaken herein
or any of the duties imposed upon it by this Contract, such material breach
shall entitle the other party to terminate this Contract, provided that the party
desiring to terminate for such cause shall give the offending party at least
twenty days' written notice, specify/ng the particulars wherein it is claimed
that there has been a violation hereof, and if at the end of such time, the party
notified has not removed the cause of complaint, or remedied the purported
violation, then the termination of this Contract shall be deemed complete.
Contract for Tourist Information and Tourist Promotion Services
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8. Non-Discrimination. The Contractor shall conduct its business in a manner which
assures fair, equal and non-discriminatory treatment of all persons, without respect to race, creed or
national origin, and, in particular:
The Contractor shall maintain open hiring and employment practices and will
welcome applications for employment in all positions, from qualified
individuals who are members of minorities protected by federal equal
oppon'unity/affirmative action requirements; and,
The Contractor shall comply with all requirements of applicable federal, state
or local laws or regulations issued pursuant thereto, relating to the
establishment of non-discriminatory requirements in hiring and employment
practices and assuring the service of all persons without discrimination as to
any person's race, color, religion, sex, Vietnam era veteran's status, disabled
veteran condition, physical or mental handicap, or national origin.
9. Entire Contract. The parties agree that this Contract is the complete expression of
the terms hereto and any oral representation or understanding not incorporated herein is excluded.
Further, any modification of this Contract shall be in writing and signed by both parties.
IN WITNESS WHEREOF, the parties hereto caused this Contract to be executed the day and
year first hereinabove written.
CITY OF PORT ANGELES
Mayor
ATTEST:
Becky J. Upton, City Clerk
APPROVED AS TO FORM:
PORT ANGELESCHAMBEROFCOMMERCE
By:
President
ATTEST:
By:
Secretary
William E. Bloor
City Attorney
G:~LegaLBackup~AGREEMENTS&CONTRACTS\Chamberl-25-05
Contract for Tourist Information and Tourist Promotion SerVices
Page 6 of 6; G:\Legal_Backup\AGREEMENTS&CONTRACT~hamber1-25-05
Exhibit A
2005 City/Port Angeles Chamber of Commerce Tourism Promotion Funding Outline
A. Operation of Tourist Information Facility:
Tourist-Related Services $ 55,000
Sub-Total $ 55,000
Co
Other Tourist Promotion Activities:
Administrative Support
Sports and Events Commission Grant
Joint Marketing
Media and Promotions
Sub-Total
Annual Chamber Membership Dues:
Sub-Total
$ 20,000
$ 8O,OOO
$ 22,000
$160,000
$ 282,000
$ 527
$ 527
D. Total 2005 Allocation:
$ 337,527
l:\city mgr\Chamber Promo Fund Outline 05.wpd
15
Exhibit B
19
Maps ............................................................................. 2
Transportation ............................................................... 3
Events ........................................................................... 4
Weather ......................................................................... 5
Things To Do ................................................................ 6
Olympic National Park ................................................. 7
Hiking, Camping, Mountaineering ............................... 8
Cycling .......................................................................... 9
Kayaking ..................................................................... 10
Sailing & Boating ........................................................ 11
Fishing & Crabbing .................................................... 12
Winter Sports .............................................................. 13
Birding ........................................................................ 14
Golf ............................................................................ 14
Indoor & Evening Entertainment ............................... 15
Attractions .................................................................. 16
Victoria ....................................................................... 17
Community & Relocation .......................................... 18
History ........................................................................ 19
Olympic Coast Cusine ................................................ 19
Restaurants .................................................................. 20
Bed & Breakfasts ......................................................... 21
Hotels, Motels, Cabins ................................................ 22
RV Parks & Private Campgrounds .............................. 23
Vacation Rentals .......................................................... 23
Pod Angeles Chamber of Commerce
121 E. Railroad Ave., Port Angeles, WA 98362
(360) 452-2363 · 1-877-456-8372
Fax: (360) 457-5380 · info@portangeles.org
www. portangeles.org
Design: ............. InsideOut Solutions, Sequim, WA
Copy: ................ Russ Voenema
Cover Photos: ...Russ Veenema, Jeff Logan, InsideOut Solutions
~2005 Port Angeles Chamber of Commerce. AIl rights reserved.
1
Miles From Port Angeles
Seattle (via Bainbridge ferry) .................... 76
Tacoma .................................................. 110
Sequim ..................................................... 15
Port Townsend ......................................... 50
Forks ........................................................ 57
Clallam Bay/Sekiu .................................... 64
Neah Bay ................................................. 87
Hoh Rainforest ......................................... 88
Hurricane Ridge .................................... 18.5
Marymere Falls ......................................... 20
Victoria, BC (by ferry) ............................. 18
Olympia ................................................. 122
Aberdeen/Hoquiam ................................ 145
Spokane ................................................. 359
Portland, OR ......................................... 255
Sea/Tac Airport ...................................... 125
2 www.po~angeles.org
Port Angeles is very easy to get to by air, ferry,
boat or auto.
Port Angeles is very fortunate to have the Fairchild Interna-
tional Airport just minutes away
from lodging and recreation activi-
ties. Rental cars, taxis, and commu-
nity buses all run to and from the
airport. The airport is serviced by
several charter companies which
offer dramatic local scenic flights or
executive air charter needs for the
business traveler. We have two com-
mercial carriers, San Juan Airlines
and Kenmore Air Express, with up
to I6 flights per day to Seattle.
Port Angeles has two ferries that
service the city of Victoria. The MV
Coho, a vehicle and passenger ferry
with departures daily and the Victo-
ria Express, ~,,
providing
passenger-only service with departures
daily from May to October. Victoria
Express also operates a connecting
ferry that provides access to Friday
Harbor, 5an Juan Island.
Without a car? Clallam Transit
has regular bus service on thc
north Olympic Peninsula from
Sequim, Port Angeles and Forks.
Several car rental companies
are located at the airport and in
town, and t~is are also available.
Olympic Bus Line provides regularly scheduled bus service
to Seattle and SeaTac A~rport. Pennco Transportation has
reservation shuttle service to SeaTac and Seattle.
For more information:
Aero Exec LLC, (360) 731-0871, www.aeroexec.com
Budget Rent-A-Car, 1-800-345-8038, www.budget.com
Clallam Transit, (360) 452-4511, www.clallamtransit.com
Enterprise Rent-A-Car, (360) 417-3083,
www.enterprise.com
Kenmore Air Express, 1-800-543-9595,
www.kenmoreair.com
MV Coho, (360) 457-4491, www.cohoferry.com
Olympic Bus Lines, 1-800-457-4492, (360) 417-0700
www.olympicbuslines.com
Pennco Transportation, (360) 582-3736,
www.penncoshut tie.corn
Rite Bros. Aviation, (360) 452-6226, www.ritebros.com
San Juan Airlines, 1-800-874-4434,
www.sanj uanairlines.com
Victor!a Express, 1-800-633-1589, (360) 452-8088,
www.vlct orJaexpress.com
Washington State Ferries, (206) 464-6400,
www.wsdot.wa.gov/ferries
www.podangeles.org 3
No matter what time of year
you visit Pod Angeles there
is bound to be a festival or
special event that will make
your visit truly memorable,
The following is just a partial list of the many festival, events
and special entertainment selections that await you in 2005:
See www. portangeles.org for details.
February 19-21 ........ Red Wines & Chocolate
March 26-27 ........... Hurricane Ridge Ski & Snowboard Festival
April 15-17 .............5tl* Annual Port Angeles Kayak Symposium
April 16 ................... Mustang and Cougar Car Show
April 22-24 .............Jazz in the Olympics
May 7 ...................... MG's on the Pier
May 21 .................... Olympic Cycling Classic
May 27-30 ...............12tI' Annual Juan de Fuca Festival of the Arts
May 28 ..................... 5~' Annual Halibut Derby
May 28-30 ...............Spring Barrel Tasting
June 6-10 ................. Port Angeles Renaissance Faire
June 12 ..................... Olympic Discovery Marathon
June 14 .................... Lipizzaner Stallions
June 22 to September 14, every Wednesday, Concert on the Pier Series
June 24-26 ..............Strait Bluegrass Festival
July 4th ..................... Parade, Entertainment, Firework~
July 15-17 ................ Sequim Lavender Festival
July 23-24 ................ Arts in Action Street Fair & Sand Sculpture
August 1 ................... Paddle to Elwha. Native American Canoe Journey
August 6 .................. Joyce Daze Blackberry Festival
August 13-14 ........... History Weekend
August 18-21 .......... Clallam County Fair
August 27-28 ........... pJRA Junior Rodeo
September 3-5 .......... Pirates of Port Angeles
September 10-11 ..... Olympic Medical Center IOK Run & Big Hurt
September 17 ........... 3nd Annual Grape Stomping Harvest Party
September 25 ............Olympic Discovery Bike Adventure
October 1-2 .............Strait Thunder Hydro Races
October 8-9 .............Dungeness Crab & Seafood Festival
October 15-16 ......... Forest Storytelling Festival
November 11-13...... Passport To Autumn Wine Tours
November 25 ............ 15'~ Annual Festival of Trees
Kayak Symposium - April 15-17
If you want to learn the latest in paddle
techniques and kayak gear, this is the
~ place for you. Olympic Raft and Kayak
=' produces this event which takes place at Hollywood Beach in
Port Angeles. www. raftandkayak.com or (360) 452-1443.
Jazz in the Olympics - April 22-24
Considered one of the premier gatherings in the
country for traditional jazz, this event is guar-
anteed to get you out of your seat and toes tap-
ping. Ten bands perform at a variety of locations
-~= throughout town. www. jazzolymp~cs.com or 888-933 -6143.
Olympic Cycling Classic - May 21
A new event for 2005, this century and metric
century ride showcases the Olympic Penimula.
Organizers planned the route to highlight the
mountain vistas, as well as water views. This is a recreational ride and
is geared to all tiding levels, www. olybikeride.com or (360) 4574755.
Juan de Fuca Festival - May 27-30
Celebrated every Memorial Day weekend for the
past 12 years, this festival features over 125 perfor-
mances of music, dance and theater from around
the world, induding musical workshops, a global
market place, public art, and special activities for
children, www.juandefiacafestival.com or (360) 457-5411.
PA Renaissance Faire - June 10-12
Experience romance and adventure at the Faire at
the Clallam County Fairgrounds. Featuring the
Seattle Knights~the premiere jousting troupe.
Over 150 performers, artists, musicians and ven-
dors. www. portangdesfaire.org or (360) 452-6096.
North Olympic Discovery Marathon - June 12
This half and fixll marathon uses thc trail described
as flat and fast and connects the communities of
Scquim and Port Angeles. Run for the personal
challenge, but be sure to enjoy the spectacular
views, www. nor tholyrnpicdiscoverymarathon.com
or (360) 452-2363.
Arts in Action - July 23-24
Using the backdrop of the picturesque Port
Angeles City Pier and Hollywood Beach, this
event has become known for the sand sculpture
competition. However, the variety of vendors
and food booths will keep you busy for hours. (360) 417-0501.
4 www.portangeles.org
Cla0am Count,/Fair- August 18-21
There is nothing like the relaxed atmosphere
of a small community rural fair. Rodeos, food,
big name entertainment, 4H displays agricul-
ture programs and much more.
www. clallam.nct/CountyFair or (360) 417-2551.
Grape Stomp & Harvest Pa~ty - Sept. 17
Washington is known for wonderful wine and
Olympic Cellars has won it's share of awards.
However, they also put on a wonderful party to
celebrate the fall harvest. Truly a memorable time.
www. olympiccellars.com or (360) 452-0160.
Olympic Discovery Bike Adventure
Sept. 25
Using the Olympic Discovery Trail, this
50 mile recreational ride is perfect for
the entire family. Plenty of support and a
catered lunch with lots of door prizes make for a fun day.
~ www. olympicdiscoverybike.com or (360) 457-4557.
Straight Thunder Hydro Races
Oct. 1-2
The natural setting of the harbor is the
ideal spot to watch these powerful ma-
chines. Selected by the drivers as a premier racing venue, these
boats reach speeds of 150 mph and offer a wonderful family
experience, www. straitthundcr, com or (360) 452-8248
Dungeness Crab and Seafood Festival
Oct. 8-9
Combine food, entertainment, great water-
front atmosphere, the ability to catch your
own Dungencss Crab from the giant tanks
stocked with hundreds of live crab and you have one fun
event, www. crabfestival.org or (360) 457-6110
Forest Storytelling Festival - Oct. 15-16
Bringing in some of the best presenters in the
country, this festival celebrates the beauty of
a good story. Workshops, concerts, and the
ability to learn from the best make this a very
enjoyable few days. (360) 452-6719
For more information, locations and reservations:
Port Angeles Chamber of Commerce, (360) 452-2363,
vee~w, por t angeles.ors
PeninsulaEvents.com, www. peninsulaevents.co m
Port Angeles enpys a
coastal climate arid is
mild throughout the year.
Temperatures during tlqe
daytime range from the
40's in winter months to
tile 70's in the summer months. Average rain fall is
25 inches per year for Port Angeles.
Two major natural features; water and mountains impact the
weather of Port Angeles. The water, which nearly surrounds
the area, keeps the temperature amazingly comfortable on a
year-round basis. Seldom does it get real cold, and the summer
has surprisingly low humidity. The Olympic Mountains also
play a big role in influencing the weather. Because they rise
over 7,000 feet and are south and west of Port Angeles, the
mountains create a rain shadow effect for the Port Angeles/
Sequim region. This combination of a temperate climate and
a reasonable amount of rain makes it not only ideal for human
beings but plants love it also, which is why flowers, gardening,
and boutique farming are so popular.
AVG. ~G. ~ AVG.
ONLY IIGU DAILY LOW ~ T~TFm 11~1~
JAN. 45 33 4.4 45
FEB. 48 36 3.1 46
MAR. 50 36 2 47
APR. 55 39 1.1 49
MAY 61 43 0.9 51
JUN. 65 48 1 52
JUL. 69 51 0.5 53
AUG. 68 51 1.1 54
SEPT. 66 49 1.1 52
OCT. 58 39 3.3 50
NOV. 50 38 3.8 50
DEC. 46 35 4.4 47
For more information;
Port Angeles Chamber of Commerce, (360) 452-2363,
www. por tangeles.o rg/weather
www. poflangeles.org 5
Spend afew hours or a
few days in Port Angeles
and you will agree that
Port Angeles is truly the
Center of it All.
Deciding on what to do is always a tough decision when
on vacation, and in an area like the Olympic Peninsula the
choices become difficult, because there is so much to do.
We hope this list will help with the decision process
Have a few hours?
Drive to Hurricane Ridge, which is 40 minutes each way,
and reward yourself with the views.
Rent a bike and cruise the waterfront trail.
· Stop by the Arthur Fiero Marine Science Center and
experience thc touch tanks.
Watch the sun rise or set from the observation tower
located at the City Pier.
Olympic Game Farm allows you to get up close to bears,
lions, zebras, and more all from the comfort of your car.
Pick up a walking map at the Visitor Center and take the
self guided Art on the Town Tour.
Learn about the history of the area with guided or self-guided
Heritage tours or stop by the Clallam County Musemn lo-
cated in thc Federal Building and restored Carnegie Library.
The Fine Arts Center features work from Northwest art-
ists, and a unique outside art exhibit spread over five acres.
Taste thc wines produced locally at one of our excellent
wineries.
Wander through the unique shops and galleries downtown.
Purchase some fresh fish or smoked salmon for a tree taste of the
Northwest at FAwha Fish Company.
Take your kids to the super Dream Playground on Race
Street.
· Go to Francis Street Park and enjoy the water view.
Test yourself with a route on the indoor climbing wall at
Olympic Mountaineering.
Treat yourself to local farmers markets Saturdays and
Wednesdays.
~i~ke a Harbor Cruise which sets sail from the Port Ange-
les City Pier.
Visit the Olympic Coast Discovery Center at the Landing
Mall.
Go antiquing.
Day Trips:
· Rent a kayak and experience the area from a water view
(guides available).
· Take a hike. There are many to choose from but to get you
started try the Madison Fails, Sol Duc Fails, or Mary-
mere Falls Trails.
Pack a picnic lunch and head out to thc ocean beaches or
the Hob Rain Forest.
Get some sand in your toes at Second Beach by La Push.
Experience the crashing waves at the most northwestern
point of the US, the Cape Flattery Trail.
See the Native American culture preserved at the world
famous Makah Cultural Center.
Relax and enjoy the turquoise waters of Lake Crescent.
December-March rent some x-country, or snow shoes and
experience the trails of Hurricane Ridge.
Hire a fishing guide and cast for fi'esh or saltwater beandes.
Drive to Dungeness Spit and enjoy bird watching while
enjoying the view over the Strait.
· Visit the lavandar fields of Sequim.
Experience the history of Fort Worden in Pt. Townsend.
Take a raft trip on thc Elwha River.
Hop on a ferry and visit Victoria for a touch of old Eng-
land or the San Juan Islands.
Tour the Butchart Gardens in Victoria, B.C.
Drive to Salt Crexk State Park at low tide for great tide pools.
Tour the Timber Museum in Forks and learn the history
of logging.
Visit the Wooden Boat Museum in Port Townsend.
For more information:
Clallam Bay/Seldu Ch~tmber, (360) 963-2339,
www. clallambay, com
Forks Chm, nber of Commerce, (360) 374-2531,
www. forkswa, com
North Olympic Peninsula Visitor Bureau, (360) 452-8552,
www. olympicpeninsula.org
Port Angeles Chamber of Commerce, (360) 452-2363,
vcww. portangeles.org
Port Townsend Chamber of Commerce, (360) 385-2722
www. ptguide.com
Sequim Chamber of Commerce, (360) 683-6349,
www. cityo fsequim.com
6 www. portangeles.org
In 1909, President Theodore Roosevelt issued a
proclamation creating Mount Olympus National
Monument to protect the summer range and
breeding grounds of the Olympic elk. Mount Olym-
pus National Monument was transferred to the Na-
tional Park Service administration in 1933. National
conservation organizations supported Washington
Congressman Monrad C. Wallgren's 1935 bill for
the establishment of a national park. After a visit to
the Olympic Peninsula in the fall of 1937, President
Roosevelt added his enthusiastic support to the
movement for a national park.
Olympic National Park was established on June 29, 1938. The
coastal strip was added to the park in I953. In 1976, Olympic
National Park became a Man and the Biosphere Reserve and in
1981 it was designated a Worm Heritage Park.
Port Angeles is the Centgr ofitAll for Olympic National Park.
Hurricane Ridge is only minutes away. Lake Crescent, Mary-
mere Falls, the E!wha River Valley and Sol Duc Hot Springs
are just short drives on Hwy. 101.
Three Parks in One
Olympic National Park has three distinct major areas~the gla-
cicrcd mountains and high country of the interior; the lush rain
forest of the west-facing valleys; and the rugged wilderness coast-
line. The vastness of the park can seem daunting--you can drive
completely around the park on Hwy. 101 but no road goes all the
way through the interior of the peninsula---but there are few areas
that will allow you to experience the character of the "three parks."
Hurricane Ridge
Hurricane Ridge, only
minutes from the center
of downtown Port An-
geles, offers spectacular
views of the high country
and the Olympic Mountains. The 19 mile drive is breathtak-
ing and you can stop at the Hurricane Ridge Lodge and learn
more about thc mountains and the park.
Hob Raie Forest
Moisture-laden air from the
Pacific brings an average of
140 inches of annual rainfall to
the Hob Valley. This moisture
has created one of the lushest
rainforests in the world. Drive
about two hours west from
Port Angeles on Hwy. 101 to thc Hoh Rain Forest Visitor
Center. The Visitor Center is nineteen miles inland from
Hwy. 101. Three loop
trails near the Visitor
Center are easy to stroll
and give a great sampling
of the area. The Center is
also the kick-off point to
climb Mt. Olympus.
Rialto 8each and La Push
The rugged coastline of
Olympic National Park
can be easily explored
at Rialto Beach and La
Push. Take Hwy. 101
west from Port Angeles
for about one and a half
hours and turn west on State Hwy. 110. On the north side of
the Quillayute River is Rialto Beach. A beautiful spot to enjoy
the surf and rugged beach. On the south side of the Quillayute
River is the Quileute Indian village of La Push and First Beach
and south to Second Beach. This northwest coast experience
will leave you in awe of the beauty of Olympic National Park.
More Intormation
Olympic National Park is open ail yeah Some roads and
facilities are dosed in winter. Entrance fees (good for 7 days)
are collected at various locations within the park from May
through October and Hurricane Ridge year round. Cost is
$10 per vehicle. Annual entrance passes can be obtained at
entrance stations for $30.
For visitor information you can contact the Olympic Park
Visitor Center, (~360) 565-~130 or visit the website at
www. nps.gov/olym
www.podangeles.org 7
There s no better way to
absorb natures bounty
than to be surrounded
by It on a trail any trail
Port Angeles' 'back door
paths" range fro~ gentle
to aggressive ali rew~rding hikers with superb
flora fauna and views
Hiking
Marymere Fails ,Spruce Railroad Trail, Htltricane Ridge Trails,
Ocean Beaches
Hiking is a passion for many that come to Olympic National
Park and nowhere will you find the diversity of hikes in such
a short distance like you
will find on the Olympic
Peninsula. From the moisture
laden moss covered trails of
the rain forest, to the wild
trails along the ocean where
the Pacific waves are crashing
just steps away. Then there
are the beautiful tree lined hikes back to a secluded waterfall,
and topping them all are the high country hikes where the
views seem to go on forever.
For the more adventurous
there is wilderness and back
country hiking where you
can go days and not see any-
one or hook up with a guide
and experience a mountain-
eering outing all the way to
the glaciers. As you can see, the hikes are truly amazing.
Camping
Camping can have a variety of meanings, depending on whom
you ask. For some it means
hiking to a remote lake with
all your gear in your backpack
and not seeing another hu-
man for the week. To others
having the ability to drive to
the site with all the
gear in the back of
the van and have the
amenities of showers,
toilets, and family
play areas, makes the
most sense. Finally
there are those with
fully stocked and self contained luxury RV motor homes and
trailers that create the best camping memories.
Well not to worry, Olympic National Park and the surround-
ing area offers something for everyone. The "Park" encom-
passes over one million acres with the majority holding the
wilderness designation. ~
For the back country
hiker/camping enthusi-
ast there are few better
places to get-away from
it all. Port Angeles has
local guide and outfitter
shops that can help design a trek that will suit your ability and
time. There are also state, county and national campgrounds
scattered all through the Olympic Peninsula giving you the
opportunity to choose from a mountain setting, to a campsite
within ear shot of the breaking waves. If you need a spot to
park your rig for the week, there are over a dozen locations for
you to select from. Many with full hook-ups and RV supplies.
For additional information and help please contact:
Brown's Outdoor, (360) 457q 150, www. brownsoutdoor, com
Clallam County Parks and Recreation, (360) 417-2291
www. clallam.net/park
Olympic Mountaineering, (360) 452-0240, www. olymm.com
Olympic National Park, (360) 565-3130, www. nps.gov/olym
RV Parks Association of Clallam County,
www. northolympic.com/rvpacc
Swaln's General Store, 360-452-2357, www. swainsinc.com
Washington State Parks, (888) 226-7688, www. parks.wa.gov
Seepage 23 of this planner for a ~st of RV Parks and
Campground~.
8 www.portangeles.org
The Olympic Discovery ]'raii is a uniquepa,:e." .~
off-highway trail that s ga~r'ing i, popuiarily every
year, Here are a few ideas as to nnw to best take
advantage ol this biking gem
Ride One Option: The Out And Back.
Stay in Port Angeles and have breakfast with your B&B host
or use a hotel and breakfast at a restaurant in town. Then head
east on the Olympic Discovery Trail for the community of
Sequim. During this ride you can divert to the Dungeness Spit
for a hike, picnic at one of the tables on the bluffoverlook-
lng the Strait with Victoria in the distance or stop in to the
Audubon Center at Railroad Bridge Park and learn about our
local bird population.
Ride l~vo 0ptJon: Two Night Cycle Cruise
Certainly a very relaxing way to
experience the Olympic Discovery
Trail would be to combine the ride
with two nights oflodging. Night
one, stay in Port Angeles at one of the
many lodging choices and have din-
ner at one of many great restaurants
that are throughout the town. Check
with your lodging host or the Cham-
ber of Commerce for restaurants that
are close to where you are staying.
After breakfast with your host, pick
up a picnic lunch and then hop on the bike and head east on
the Olympic Discovery Trail. When you reach Old Olympic
Highway, turn south for the short ride to the Olympic Cellars
Winery, which is located just east of the corner of 101 and Old
Olympic Highway. Relax and enjoy the spectacular views of
the Olympic Range and then sample some of the terrific wines
in the comfortable surroundings of the tasting room.
Then it is on to your second night either at a B&B or one of
the many lodges in the area. Pamper yourself with an in room
massage, enjoy the spectacular views of the Olympic Moun-
tains or perhaps a view of the water. Dinner can be as simple as
ordering a pizza, or try one of the local restaurants.
The next day, finish your ride on the Discovery Trail out to
the John Wayne Marina. There are several choices for lunch
along the route. Then you can either take the Clallam Transit
bus back to Port Angeles, (they
have bike racks) or take the 25
mile trail back. (Clallam Transit
does not operate on Sunday.)
Be sure to stop and enjoy the
views and relax while sitting by
the several streams you will be
crossing over. Of course, the last
few miles as you enter Port Angeles are memorable as you bike
right along the water.
Ride Three Option: Bike For A Week
Make it a week of biking. After biking in Port Angeles, put your
bike on the Coho or Victoria Express
for biking adventures in Victoria.
Then you can connect via the
Victoria Express to San Juan Island,
where terrific island biking awaits
you. Remember, you will need to
dear customs, so it is helpful to have
a passport or birth certificate.
For more information about the
Olympic Discovery Trail go to:
www. olympicdiscoverytrail.co m
Remember to check back every few
months for trail updates as new
sections are added with the ultimate goal ora trail from Port
Townsend to the Pacific.
There are many other rides ideal for the extreme mountain
biker, or the road bike enthusiast. Check with the local bike
shops for a ride that best suits your skills and ability.
Here is a list of additional places to find more options,
rides and equipment:
Beckett's Bike Shop, (360) 452-0842, beckbike@olypen.com
Mike's Bikes, (360) 681-3868, wvw. mikes-bikes.com
Olympic National Park, (360) 56403130, www. nps.gov/olym
Olympic Discovery Trail, (360) 457-1640,
www. olympicdiscoverytrail.com
Sound Bikes and Kayaks, (360) 457-1240,
www. soundbikeskayaks.com
www.portangeles.org 9
The sport of kayaking is
truly turning into one of
the more popular active
oriented family outings.
The Port Angeles area is
unique because from one
destination you can access flat water, white water
and sea kayaking.
Listed below you will be led to just a few of the many popular
sites in and around our community, and some of the local
merchants that can help you in town and online.
Ediz Hook * Rating: easy
Travel along the waterfront of Port Angeles on Front Street
and head out to Ediz Hook, a natural sand spit ending at the
Coast Guard Station. Along the way are several areas to park
and launch your kayak. Paddling around in the harbor is fasci-
nating. The views are stunning of the town, with the towering
Olympic Mountains behind it. But the up close and personal
view of the log storage areas, ships at anchor, pilot boat activ-
ity, Coast Guard helicopters, and salmon fish pens will keep
you entertained and busy looking. Also look for harbor seals,
sea lions and bald eagles. A fun thing to do is paddle from the
"hook" to Hollywood Beach by the City Pier. Here you can
stop and rest and have a snack at a waterfront caf~ or restau-
rant. You can proceed further east along the waterfront or head
back to the "hook" whenever you have had enough.
Lake Crescent - Rating: easy
Drive west from Port Angeles on Highway 101 for a beautiful 17
miles. This spectacular mountain lake within Olympic National
Park allows you m schedule a full day of activities. There are
waterfalls to explore, trails to walk and restaurants with views
oftbe lake. The area offers some
wonderful flat water lake kayaking
and there are several points to launch
from and over 30 miles ofshorellne
to explore. The lake is known for
crystal dear water with visibility up to
100 fi. There are very few powerboats
that use the lake and jet skis are not
permitted. The wind can come up,
espedafly from the west, in the afternoon and the area around the
Log Cabin Resort is often the least affected.
Freshwater Bay - Rating: moderate te advanced
Proceed west on Highway 101 from Port Angeles to State Rt.
112. Take Rt. 112 to Freshwater Bay Road, turn right and you
will end up at a Clallam County boat launch. The area is pro-
tected and offers an ideal area to start your paddle. This section
of rugged coastline often more wind and wave action than some
of the other trips mentioned but vistas, wildlife and sealife make
the little more work worth
the effort. Be aware of your
abilities and don't over ex-
tend yourself. The tides and
wave action can sometimes
make it more difficult to get back.
Olympic Coast & Sol Duc River - Rating: expert to extreme
Take 101 west to State Rt. 110 west and you will find yourself
in the Quileure Indian Reservation and the town of La Push.
During the winter months and into spring the waves are big and
the rivers run fast, which means great conditions for the latest
use of kayaks; surf kayaking, and white water river kayaking. The
beaches of Rialto, First, and Second are favorite spots with winter
waves reaching 20 feet. Due to the high waters, debris can ofren
be dragged into the surf, so be aware and note that conditions
here change quickly and should only be challenged by the most
advanced paddlers.
The headwaters of the Sol Duc River start high in the Olympic
Mountains, and winter through early summer
the rapidly flowing water offers some terrific
kayak opportunities for the expert rider. Local
riders have favorite spots where the river forms
continually cresting waves giving the rider great
opportunities for surfing. Again this form of
kayaking is only for the advanced and helmets,
and dry or wet suits are recommended.
For additional Information and more paddle experiences
please contact:
Jalventures Through Kayaldng, (360) 417-3015,
www. atkayaking.com
Fairholm General Store, (360) 928-3020
Olympic Raf~ & Kayak, (360) 452-1443,
www. rafrandkayak.com
Sound Bike~ ~nd Kayaks, (360) 457-1240,
www. soundbikeskayaks.com
10 www.portangeles.org
There are not very many locations that can offer the
diversity of boating that the Northwest has to offer.
Port Angeles was discovered in 1769 because of the
wonderful sheltered harbor and deep water access
and throughout the years has been a welcome site for
the ships coming in from the Pacific.
There is much more to boating in the area than just being a
safe haven for large ships. Port Angeles is directly associated
with some of the finest cruising anywhere. A short 18 miles
across the Strait of Juan de Fuca lies thc famous San Juan and
Gulf Islands, truly a boaters paradise. There are two marinas
in the area. The Port Angeles Boat Haven at 48 deg 07.TN,
123 dog 2TW, offers transient moorage, gas, diesel, power, ice,
fresh water, boat hoist, launching ramp, restrooms, showers,
waste pump-out, bait and tackle. Next to the marina the Boat
Yard provides covered and open work areas, a 133 ton marine
railway and a 40 ton straddle hoist. The town of Port Ange-
les offers all you will need for provisioning, restaurants, and
marine repair.
The City Pier has
transient moorage
available during the
summer months and
is situated within
walking distance of
several fine restau-
rants, the visitor
center and a marine
science center, which is definitely worth a visit.
Port Angeles offers customs clearance at either the City Pier or
at the Boat Haven.
Nearby in Sequim the John Wayne Marina, (yes, it is
named after the Duke) 48 deg 03.95'N, 123 deg 02.31'W,
offers a great park like secluded location in Sequim Bay.
The marina is well protected by a massive breakwater and
has transient moorage, power, water, gas, diesel, restrooms,
showers, laundry facilities, dump station, and waste pump
out. There is a marine store on site, which is well stocked
and a small restaurant.
Also in Sequim Bay is the Sequim Bay State Park. This 92
acre park is located on the west shore. Mooring buoys are
available, with restrooms, show-
ers and campsites on shore. There
are several excellent anchorage
options in Sequim Bay should
you wish to not take advantage
of the shore facilities. The com-
munity of Sequim is a few miles
away and has several grocery
stores and many restaurants to choose from. Cab service is
available from the marina. If you have your bike on board,
the Olympic Discovery Trail is easily accessed, which offers a
scenic and easy ride in to Sequim.
For the smaller boat enthusiast the Port Angeles area has
some great options. Lake Crescent, with its turquoise blue
water and mountainous
shore line, is one of
thc prettiest boating
experiences available.
The lake is very deep
and very cold, but you
will be rewarded with
the feeling of having
the lake to yourself.
Fairholm General Store is on the South tip of the lake and
offers a boat ramp and country store. A second boat ramp
at the Storm King Ranger Station is operated by Olympic
National Park. Turn at Lake Crescent Rd. at the Lake Crescent
Lodge turn off. A third boat ramp is available at Log Cabin
Resort, which can be reached by turning to the north on East
Beach Road. Rental boats are also available.
If you don't have a boat but want to experience being out on
the water, Seventh Wave Yacht Charters offers harbor cruises
several times each day during the summer months.
For more Information:
Fairholm General Store, (3fi0) 928-3020
John Wayne Marina, (360) 417-3440, www. portofpa.com
Log Cabin Resort (360) 928-3325, www. logcabinresort.net
Port Angeles Boat Haven, (360) 457-4505, www. porto~a.com
Port of Port Angeles, (360) 457-8527, www. portofpa.com
Seventh Wave Yacht Charters, 360-808-8505
www. porlangeles.org 11
Port Angeles offers some
of the best sport fishing
in the country. Deep sea,
lake, stream, river and
even shell fish.
Be sure you have the proper state fishing license before you start.
You will also need to know the seasons for the different species of
fish and locations where you can fish. The best place m find this
information is in More Information listed below.
Out in the Strait of Juan de Fuca you will be able to go a~er huge
halibut and salmon. Shell fishing is also very popular in the area
and crabbing for the famous Dungeness is a passion for some.
The area also offers fantastic river fishing. The Dungeness,
Elwha, Bogachiel and Sol Duc Rivers are all short drives from
Port Angeles and there are several areas where you can put-in
with drift boats or walk down to the river for wading access.
Guides are available or, of course, you can go out on your own.
These are some of the more popular fishing spots and boat
launches around Port Angeles:
Lakes
Lake Aldweli
West from Port Angeles 9.3 mi on Hwy 10l, right .7 mi on
Lake Aldwell Rd.
Lake Sutherland
South from Port Angeles 12 mi on Hwy 10l, left 1.7 mi on
South Shores Rd, right 150 ft on Yew Tree Dr, left into parking.
Rivers
Bogachiel River at Leyendecker Park
West from Port Angeles, 55 miles on Hwy 10l, turn right on
SR 110 (LaPush Rd.), drive 8 mi, turn right on Mora Rd.,
drive .3 mi, left at County Park R.
Bogachiel River at Wilson Bridge
West from Port Angeles, 55 miles on Hwy 101, turn right on
SR 110 (LaPush Rd.), drive 5.8 mi, turn left on Wilson Rd.,
drive about 1 mi to end.
Elwha River at Port Angeles
West from Port Angeles 5.1 mi Hwy 101, north .6 mi on
Laird Rd. (Lower Elwha Tribal Center), west on Elwha River
Rd..8 mi, left on Crown Z Water Rd., access on left.
Elwha River at Department of Transportation Site
West from Port Angeles 5.1 mi on Hwy 101, north .6 mi on
Laird Rd., west 1.1 mi on Elwha River Rd., left after Elwha
River Bridge.
Sol Duc River at Bear Creek
West from Port Angeles 41.7 mi on Hwy 101, turn right on
Hilstrom Rd., drive .6 mi.
Sol Duc River Salmon Hatchery
West from Port Angeles 44.5 mi on Hwy 101, right on Mary
Clark Rd, immediate right at Public Fishing/Hatchery Rd
sign, access on right.
Salt Water - Strait of Juan de Yuca
Ediz Hook Boat Launch
Located on Marine Drive on Ediz Hook, just south of the
Coast Guard Station. Space for parked trailers is limited.
Port Angeles Boat Haven Boat Launch
Two launch ramps. The inner ramp is restricted during the
summer. The 2-lane outer ramp located to the west of the Boat
Haven also shares a parking area with the Boat Haven. Space
for vehicles pulling boat trailers is limited.
Dangeness Bay Boat Launch
Take Highway 10l east from Port Angeles and turn left on
Kitchen-Dick Road. Proceed to the end of Kitchen-Dick and
it turns into Lotzgeselh Proceed on Lotzgesell to Cays, turn
left, follow Cays to Marine Drive, turn right and the boat
launch area is about a half-mile on the left.
John Wayne Marina Boat Launch - on Sequim Bay
Take Highway 101 cast from Port Angeles to just east of Sequim,
approx. 19 mi., turn le~ on Whitefeather Way. Turn left on West
Sequim Bay Road and then into the marina. The marina has a
two-lane ramp in a protected area of the boat basin. Large parking
area offers parking for vehicles pulling boat trailers.
For more information, licenses & equipment:
Alaska Fatwest CharterdFatwest Fish Camp, (360) 457-6585,
www. alaskafanvestfishing.com
Port of Port Angeles, (360) 457-8572, www. portofpa.com
Swaln's General Store, (360) 452-2357, www. swainsinc.com
Topwater Charters, Inc., (360) 460-7479,
www. fishingneahbay, com
Washington State Fish & Wildlife, (360) 902-2200,
www.wa.gov/wd fw
Waters West, (360) 417-0937, www. waterswest.com
www. podangeles.org
For some outdoor enthusiasts, seasons don't
change, equipment does. Bikes go on the rafters,
skis come down; hiking boots go into storage,
snowshoes take their place. On the nodh side of
the Olympic Peninsula, you can accept or reject
this change of seasons and equipment.
Here, you can hike and bike year-round. Sure, you probably
need rain gear and an extra layer of clothing, but "summer
sports' can be played around the calendar near Port Angeles.
"Winter sports" are limited to a season or two, though, with
snow-top adventure lasting as
long as thc snow does - from
3-5 months.
Hurricane Ridge, just minutes
from downtown Port Angeles,
is the local haven for cross '
country skiing, snowshoeing,
snowboarding, downhill skiing and tubing. It is part of the
Olympic National Park and one road will take you from sea
level in the city to the near-mile high winter recreation mecca
of the Park.
Snowshoeing becomes more popular every season. It's an easy way
to keep hiking when the trails go white. The most challenging
part for most newcomers is putting their shoes on properly. After
that, it's literally a walk in the Park in any direction you choose.
National Park rangers offer guided walks Friday, Saturday, Sunday
and holiday Mondays at 2 p.m. Aluminum-framed shoes are
provided on the 90-minute loop and a $2
donation covers the walk, the talk and the
equipment. Early arrival is advised. Space
is limited.
The Ridge offers 20 miles of trails, so
if you want to shoe-offor cross-coun-
try ski offon your own, thc Klahhane
Ridge and Wolf Creek trails offer
scenery and serenity. If you don't mind
a few others sharing the trail with you, the short trek up Hur-
ricane Hill affords you a magnificent vantage of surrounding
peaks and valleys. Shoes and Alpine skis can be rented at
several places in Port Angeles and at the rental shop in the
Hurricane Ridge Lodge.
Downhill skiers don't get the
vertical drops of the Cascade re-
sorts, but they don't get the long
lines or high prices either. The
only place to downhill ski in the
Olympic Mountains, Hurricane
Ridge offers two rope tows and a
Poma lift with runs that range from beginner to expert.
Snowboarders can purchase a lift ticket and take advantage of
the rope tows and Poma lift, or
they can use their own loco-
motion and venture to the top
of Hurricane Hill. Basically, all
hillsides and bowls deemed safe
are open. Common sense and
a quick-check with a ranger is
strongly recommended.
Tubers and sliders have two areas to frolic in the snow. The
Sunrise Family Snowplay Area, located one mile north of the
Visitor Center, is open for children and families. There is also
a Tiny Tots Snowplay Area for very small children adjacent to
the Visitor Center.
In addition to ranger as-
sistance and equipment
rental, the Hurricane
Ridge Visitor Center of-
fers interpretive exhibits
and food service. Winter hours are Fridays through Sundays
plus holiday Mondays, 9-4.
Winter weather changes rapidly so always call for road
conditions before venturing up the Hurricane Ridge Road.
(360-565-3130 live; 360-565-3131 for an updated record-
ing). There is an access fee of $10 per vehicle for entering the
Olympic National Park or do the smart thing and buy a one-
year pass for 0nly $30.
For more winter wonderland info:
Brown's Outdoor, (360) 457-4150, www. brownsoutdoor, com
Hurricane Ridge Ski Area, (360) 457-4519,
www. hurricaneridge.com
Olympic Mountaineering, (360) 452-0240, www. olymtn.com
ONP Hurricane Ridge Condldon$, (360) 565-3131
www.podangeles.org 13
The Olympic Peninsula
offers habitat for thousands
of birds from over 200
different species, attracting
bird watchers and re-
searchers from the US and
the world. Popular viewing areas for birds include:
Port Angeles Waterfront and Ediz Hook
Here find large numbers ofshorebirds, sea ducks, Brants, gulls,
and raptots.
Dungen~ National Wildlife Refuge
Take Hwy. 101 east to Kitchen-Dick Road. Turn left (north)
on Kitchen-Dick. The Refuge will be about 2 miles on your
left. The Refuge protects critical habitat and nesting sites for
migrating and resident waterfowl. Many viewing opportunities
exist. Portions of the Refuge are dosed to the public to provide
sanctuary for birds during critical migration and nesting times.
Olympic National Forest: Upper Waters of Dungeness and
Gray Wolf Rivers
Directions can be obtained online or at the Port Angeles Visi-
tor Center and at the Olympic National Park Visitor Center.
Mountain species here include Dippers in the rivers, Hermit
Thrushes in the thickets, and American Pipits, Horned Larks,
and Gray-crowned Rosy Finches near the high peaks.
Olympic National Park at Hurricane Ridge
Mountain birds include Ravens, Steller's and Gray Jays, Townsend's
Solitaires, and Golden Eagles. One can hear flight-calls of Marbled
Murrelets as they drde over the old-growth forest at dawn.
Oungeness River Audubon Center at Railroad Bridge Park
Thc Olympic Peninsula Audubon Sodety conducts several bird
counts each year and visiting bird watchers are encouraged to call
for information on recent bird sightings and counts. Free, guided
bird wa[ks, are conducted each Wednesday at 8:30 a.m.
For additional information:
Dungeness River Audubon Center, (360) 681-4076,
www. dungenessrivercenter, org
Olympic Peninsula Audubon Society, wve,v, olympus.net/opas
Located on Golf Course Road at the east end of Port Angeles
this private dub offers an 18-hole par 72 course. Views of the
Strait of Juan de Fuca and Victoria await the player. Limited
play allows for under four hour rounds. You will need to be a
member of another private club in order to play and you must
have ID from that club. Pro shop and snack bar.
This public course is accessed by taMng H~. 101 e~t out of
Port ~geles to Kitten-Dick Rd. Turn left on ~tchen-Dick
and proceed to Woodcock, turn right and the course is a mile
down the road on your le~. Dungeness is an 18-hole par 72
course wi~ pro4hop, drMng r~e,
sna& b~, ~ll-se~ice r~taur~t ~d
lounge. ~d~ng is av~lable on site
at the Gr~t ~ ~nd~.
Sky ~i~e Go~f ~1~
This is a ten-hole ]inks-s~le course
t~at is open to the public. The ten
holes allows golfers that play 18 to
have ~o finishing holes. ~e Gcil-
i~ ~so offers lemons ~d a driving
range. Take 10] e~t turn left on
Carlsborg, then right on Old Olympic Highway The course
will be on your le&.
Dungeness Golf & Country Club, (360) 683-6344,
www.dungcncssgolf, com
Great Links Resort Condos, (360) 683- 7337, www. greatlinks.com
Peninsula Golf Club, (360) 457-7348
Sky Ridge Golf Club, (360) 683-3673, skyridgegc@olypen.com
14 www.portangeles.org
Sports ~tfie/d Magazine lad many reasons for
leering Po~t Angeles as Washmgton's Besl
Outdoor Sports Town a few years ago, but there's
plenty [o do/ndoors here, too When inclenlent
weather arrives there is ,~ craving for inside act vity
~md tlqe area provides manv diversions
Bowling
In Port Angeles you can roll on 32 lanes up
to 110-hours a week. In addition to open,
no-reservation-needed bowling, both alleys
in town offer weekend features. Laurel
Lanes has a special large-pizza and two lanes
for two hours on Friday nights. Port Angeles
Lanes also houses thc Je~-LX Lab, a fantastic
computer gaming experience.
Health Clnbs
The Port Angeles YMCA and Curves
for Women both offer day passes and
welcome visitors. At the Y, you'll find a
basketball court, racquetball courts, car-
diovascular rooms, free weights, machines
and separate men's and women's saunas.
Rock Climbing Wail
~ There's more than 4,000 square-feet to climb, including a 35'
tower, at the Olympic Mountaineering
rock wall. With modular holes, you can
select how difficult a course you want
from 5.0 to 5.13. If there's not a ready
route, one will be created for you. The
facility is open to all ages with classes available six days a week.
Casino
Gaming and entertainment abound. Just
21 miles east of Port Angeles on Highway
101 is 7 Cedar$ Ca$ino, a Vegas-style casi-
no with craps tables, a poker room, roulette
wheels, keno boards, slot machines, card
tournaments, and special events, including
shows by nationally recognized performers,
live music three nights a week, a fidl-service res-
taurant, a deii, a ~ shop and a smoke shop. A courtesy van or limo
will pick you up and drop you offat your motd in Port Angeles.
After Dark
Active and retired profes-
sional musicians from all over
the Olympic Peninsula come
together to perform as the Port
Angeles Symphony Orchestra.
World-class guest artists regu-
larly join the local ensemble.
Port Angele~ Light Opera will be performing their 23nd produc-
tion this summer. PALOA players provide year round entertain-
ment. They can also be booked for events or meetings.
The Community Playhouse provides a
stage for the Port Angeles Community
Players. The local thespians put together
an annual five-play season between
September and June. Nearby Sequim is
home for the Olympic Theatre Arts, offering four evening and
matinee performances each year during the same season.
Lovers of the silver screen have two film viewing options in the
area. The Deer Park Cinemas on the east side of Port Angeles
offers five theatres. The downtown, 1920's-era Lincoln The-
atre once held a thousand movie patrons. Renovated in the
mid-1980's, the theatre retained its classic marquee and feel
while dividing itself into three smaller theatres.
For more information contact the following:
Curves For Women, (360) 565-0199
Deer Park Cinema, (360) 452-7176, www. olypen.com/movies
Laurel Lanes, (360) 457-5858
Lincoln Theatre, (360) 457-7997, www. olypen.com/movies
Olympic Mountaineering, (360) 452-0240, www. olymtn.com
Olympic Theatre Aru, (360) 683-7326,
www. olympictheat rear ts.org
Port Angeles Community Players, (360) 452-6651,
www. ten forward.com/pacp
Port Angeles Light Opera A.~oclafion, (360) 457-5630,
www. paloa, org
Port Angeles Symphony Orchestra, (360) 457-5579,
www. olypen.com/pasympho ny
YMCA, (360) 452-9244, www. ccfymca.org
www. portangeles.org 15
The Olympic Game Farm
The Port Angeles area is
known for it's endless rec-
reation options. But there
are many other things to do
that educate or entertain.
Located between Port Angeles and Sequim, the
Olympic Game Farm offers the opportunity
to get up dose to Bear, Elk, Buffalo, Zebra,
Llama and much more wildlife, all from the
comfort of your car. The driving tour com-
bined with feeding the animals right from your
window is a memorable experience.
Winery Tours
Four local wineries produce some great
product and over the last several years
~ have gained a good deal of notoriety
on the wine scene. Stop in and do
your own taste tests, or visit during
the many special events the wineries
produce throughout the year.
Port Angeles Fine Arts Center
This award winning small
center situated on a bluff
overlooking Port Angeles and
north to Victoria BC changes
the art displays every few
months. They specialize in
northwest artists and a unique outdoor display, which uses 5
acres of woods as the backdrop, with walking paths directing
you to the artwork.
Arthur Fiero Marine Science Lab
A teaching lab for Peninsula College,
the Axthust Fiero Ma~ine Scicn~
Lab, located on the Port Angeles City
Pier, features live exhibits of local
marine life. Children especially love
the large touch tanks featuring sea cu-
cumbers and other creatures. The lab is
open June-September and weekends during the school year.
Olympic Coast Discovery Center
A terrific visitor center located at the Landing Mall in Port An-
geles. This center explains the Olympic Coast National Marine
Sanctuary with interactive displays and video taken from under-
water submersible adventures. Open, free of charge, Thursday to
Monday, 10a.m to 5 p.m.
River Rafting
River rafting is a great family outing and the Elwha River of-
fers Class II rafi:ing just 8 miles west of town. Olympic Ra~t
& Ray'ak guides you on the Elwha where you will experience
minor rapids, massive trees draped in moss, sightings of elk,
otters, many varieties of birds and, of course, the bald eagle.
Hurricane Ridge
Hurricane Ridge is the most
visited spot in Olympic Na-
tional Park. Located just 18
miles South of Port Angeles,
and 5,200 feet up, the Ridge is
a magical spot. Here you will
be able to view huge glaciers to
the south, and by taking a short hike, the view opens up to the
Strait of Juan de Fuca and Vancouver Island. A visitor center
allows you to learn more about the area or pick up a souvenir
or something to eat.
Heritage Tours
Heritage Tours are offered in
downtown Port Angeles Mon-
day-SatuMay during the sum-
mer and on weekends during the
winter months. Experience the
"behind the scenes" of how the
community has evolved and hear some of the colorful stories
that have been saved. Sections of the famed underground are
also included. Also visit the remodeled Carnegie Library
Building, which houses a historical museum display.
Lavender Farms
Lavender Farms in the Sequim area have developed into a
unique industry all their own. During the summer month's
{guests are encouraged to visit the many farms and walk
through the fields. The visual
beauty and strong fragrance of
the lavender attracts thou-
sands each year. Several shops
throughout the area offer lav-
ender products that you cannot find anywhere else, indtlding
lavender ice cream.
16 www.portangeles.org
7 Cedars Casino
When it comes to entertainment, the Jamestown S'Klallam Tribe
provides the 7 Cedars Casino. Offering Las Vegas Style gaming
in thc comfortable setting oftbe Olympic Peninsula. Slots, table
games, bingo, keno, plus video poker; along with weekly enter-
tainment and special events offer plenty of excitement.
Makah Cultural Center
Makah Cultural Center, located in
the tribal community of Neah Bay,
is truly a world class museum. Here
you will find replicas of a 60 foot
cedar longhouse, oceangoing canoes
and artifacts from the famous Ozette Dig.
For more information:
Arthur Fiero Marine Science Lab, (360) 41%6254
Hurricane Ridge, (360) 565-3132 www. nps.gov/oIym
Heritage Tours Reservations, (360) 452-2363
Lavender Growers Assn., (360) 681-2782,
www. lavendergrowers.org
Makah Cultural Center, (360) 645-2711,
www. makah.com/mcrchome.ht m
Port Angeles Fine Arts Center, (360) 457-3539,
www. por tangelesar reenter.co m
Olympic Coast Discovery' Center, (360) 457-6622,
vo/oa,, oc n ms. no s. noaa.gov
Olympic Game Farm, (360) 683-4295, www. olygamef~rm.com
Olympic Raft & I(ayak, (360) 452-1443,
www.raftandkayak.com
W~meries, www. nor thso undwineries.com
Black Diamond, (360) 457-0748,
home.wavecable.com/- bdwinery/
Camaraderie Cell~s, (360) 417-3564,
www. camaraderiecellars.com
Lost Mountain, (360) 683-5229,
www. lostmountain.com
Olympic Cellars, (360) 452-0160,
www. olympiccellars.co m
7 Cedars Casino, (360) 683-7777, www.7cedarscasino.com
Port Angeles is only 18
miles across the Strait of
Juan de Fuca from the city
of Victoria the capital of
British Columbia.
Port Angeles has two ferries that service the city of Victoria.
The MV Coho is a vehicle and passenger ferry with depar-
tures daily. The Victoria Express provides passenger-only fast
service with departures daily from May to October.
A decidedly British feeling is ever present in this charming city
to the north. While you're there, explore the beauty of world
famous Butchart Gardens or stroll around the picturesque In-
ner Harbour. Spend your afternoon touring on a double decker
bus and sipping tea at the majestic
Empress Hotel. For the more
adventurous, hop aboard a wave
skimmer and go whale watching.
The world-famous Royal British
Columbia Museum offers walk-
through towns, history and the I-Max Theater.
Remember that Victoria is in Canada, so you will be crossing an
international border and identification for Customs and Immi-
gration is required. Travelers are encouraged to carry a passport
if available. U.S. and Canadian
citizens may carry a valid drivers
license and an original or certified
copy of a birth certificate. If you
are not a citizen of the U.S. or
Canada, you are required to carry
a valid passport and/or the appropriate visa.
For more information:
MV Coho, (360) 457-4491, www. cohofcrry, com
Necessities & Tcmpations, (360) 457-6400
Olympic Peninsula Tours, (360) 683-7221
Port Angeles-Victoria Tourist Bureau, (360) 452-7084,
www. royalecircle.com
Peninsula Tours &Chartees, (888) 673-6626,
www. pcnncoshutde.com
Victor!a Ex. press, 1-800-633-1589, (360) 452-8088,
www. vlcto rlaexpress.com
www. portangeles.org 17
The North Olympic Pen-
insula is very large and
diverse. Within hours
you can be walking a
remote beach, kayaking a
river, hiking to a glacier, or
discovering the secrets of a rain fo~est. However,
if you are considering retiring to tile area. relocat-
ing your business or simply searching for a more
relaxed pace in a beautiful rural area, you will want
more than abundant recreation.
The Olympic Peninsula has been able to take advantage of the
increased technology that is now available to rural destinations.
High speed internet access, fiber optic service, digital wireless
phones with excellent coverage and digital cable TV have all
helped make the Port Angeles area a wired community. This
technology has allowed many people to telecommute or start that
business they always dreamed o~, then when a face to face outside
of the area is needed, the local airport has you to Sea-Tac Interna-
tional in 30 minutes with airline connections to the world.
When considering relocation, a quality school system is mandato-
ry, and for a region of 55,000, the education options are fantastic.
The public schools in the area consistently rank very high, in
addition there are p£1vate school options, and upon graduation
students do not have to leave the area. Peninsula Community
College offers 2 year degrees or adult learning. There is also a
partnership between the communities that recently developed the
Skills Center, focusing more on vocational training.
Medical facilities are high on the list when it comes to reloca-
tion. Port Angeles is fortunate to have excellent health care
centers. Olympic Medical Center has received numerous
national awards for their patient care and quality care ratings.
The Center also brings new professionals to the area to keep
pace with the growing population. Several new treatment cen-
ters have opened recently and more growth is expected.
The Port Angeles and Olympic Peninsula should make the
house hunt a very enjoyable experience for you. From horse
ranches to hilltop gems with magnificent views of the water to
fixer uppers in an older section of town, or a condo or apart-
ment, you have a wide range to select from.
18
Population Profile
· Approx. 18,397 of the County's 64,525 live in the City
(2000 Census).
· Median age is 39.9 (2000 Census).
· The quoted median family income is $32,268 (2000) but it
does not include investment income.
· The unemployment rate is 9.2%, county (January 2002).
Housing
· Average single-family home - Ncw--$139,900
Average single-family home - Resale--$117,006
Average single-family home - Rental--$675/month
Taxes
· Sales Tax---8.2%
· Property Tax--$ l 2.77/$1000 assessed valuation-City (2001)
$11.30/$1000 assessed valuarion-
unincorp (2001)
Educational Facilities
· Peninsula College-l,349 FTE students (2001)
· Port Angeles School District (Enrollment 01-02 School Yeas)
1 - High School (1,425)
2 - Middle Schools (1,107)
6 - Elementary Schools (1,936)
· 2 - Private Schools
Skill Center - grades 9-12 (109)
Home School (44)
Choice School - Senior & Junior High (130)
Financial Institutions
Nine banking institutions, seven Washington State banks
Total Port Angeles branch deposits--S431,081,000
Ten investment companies
Thirty-two insurance companies
Health Services
· Doctors--92 Dentists--24 · Clinics--6
Extended Care---4 Pharmacies--6
Olympic Medical Center--126 beds- full service hospital
Media
Peninsula Daily News - Daily serving Olympic Peninsula
· KONP Radio Station -AM - Serving Clallam County
· Peninsula News Network - Local cable news
For more relocation information:
Port Angel~ Chamber of Commerce, (360) 452-2363,
www. portangeles.org
ClaHam County Economic Development Council,
(360) 457-7793, www. clallam.org
www.portangeles.org
Since it was officially
established as the location
of the Custom House in
1861, Port Angeles has had
a long and colorful history.
But its history started long before that when the Lower Etwha
S'Klallam Tribe used what is now called Hollywood Beach as a
fishing village. This site is now frontage for the waterfront trail and
City Pier.
Don Francisco de F3iza discovered the deep-water harbor in 1791,
All trade in and out of Port Angeles came through the harbor and
today the Port of Port Angeles still maintains a vigorous harbor for
Port Angels was established as a townsite by Abraham Lincoln in 1862
by executive order. The Board of Trade in 1890 called Port Angeles the
"Second National City", Washington D.C. being the first. Most oftbe
land was hdd as a military reserve until pioneers "jumped the Reserve"
in 1890 and Congress agreed to sale of lots in 1894.
The forest and fishing industries played major roles in the boom
and bust economy of Port Angeles. Trees of mammoth propor-
tions were shipped through the Port as forests around Port An-
geles supplied the building materials for Seattle, San Francisco
and beyond. Salmon was king of the 5trait and plentiful for all
to fish. Both industries have slowed as concerns over habitat for
bird and salmon are analyzed and protective zones and regula-
tions have been developed.
In I908, President Theodore Roosevelt established the Mt. Olym-
pus National Monument. Olympic National Park was established
in 1938 by President Franklin D. Roosevelt. Generations ofrourists
and travelers have come to the Olympics for rest and rejuvenation.
Vksitors to Port Angeles can learn more by visidng the Clallam County
Museum in the Federal Building at First and Oak Street, The Restored
Carnegie Library Heritage Museum on Lincoln, or by taking a guided
Heritage Walking Tour which runs Mon-Sat during the summer and
weekends during the winter months.
For more information:
Clallam County Museum, (360) 452-2662,
www. olympus.net/ar ts/ccmuscum
Heritage Tour Re~ervatlons, (360) 452-2363
The restaurants of the
North Olympic Peninsula
have the unique attributes
of the region to assist them
in helping create memories, and admit it; one of the
most important parts of a vacation is the food.
First there is the local seafood, and when you are ncady sur-
rounded by water the sdection throughout the year is varied and
abundant. Of course the region is known for the Dungeness Crab,
and a visit to the peninsula is not complete without ordering
one of these beauties. Shellfish is abundant with oysters, mus-
sds, dams and other varieties ofctab also
on the menus. Depending on the time of
year, salmon, halibut, cod, and tuna provide
chefs with wonderfully fresh product. Also
popular in the region is smoked salmon,
which is perfect for shipping to someone with a "wish your were
here" note attached
However, the freshness does not stop with the seafood. The Olympic
Peninsula is blessed with a very temperate dimate
and actually, our local farmers can grow vegetables
year round. Some of the best can'om, lettuce, brussd
sprouts, beans and squash are grown right in our
area. In talking with thc farmers, they explain that
there are actually microdimates within a few miles
of each other that allow for exceptional quality pro-
duce. You might be interested to know that the Olympic Penimula is
also known ax one of the best seed produdng regions in the country;
because of the hck ofpullutants in the air and also, the quality soil
and very comistent temperatures.
Rounding out the local selections are the wineries.
We have four in the area, each producing wine that
is uniquely their own. Many of the loeWI restaurants
and retail shops in the region carry the local wines
and of course, you are encouraged to stop in and do
your own tasting in the tasting rooms.
50, as you can see, there are many chances to create vacation
memories in our local restaurants.
www.porlangeles.org 19
RESTAURANT GUIDE
CUISINE
Bella Italia I 18 East First Street, Port Angeles, WA 98362 · 360-457-5442 · www. bellaimllapa.com · bella~olypen.com Italian / NW Specials
L.~ Cre~o~nt Lod~ 416 l~k¢ Cr~c~nt Ro~d, por~ An~les, WA 9836~ * 36C~928.321 ! ?~rescentl~d~;c~m Am~/~
Landing's Restaurmat & Docksicle Lou,~ I 15 Eas~ Railroad Avenue, Pot t Angeles, WA 98362 · 360-457-6768
Caterins/Evcnts
Colt~..~or~oat,
S~ar,~d
20 www.portangeles.org
A Hidden Haven Bed and Breakfast 1~28 Dan Kelly Road, Port Angeles, WA 98363
360.452-2719 · 1-877-418-0938 · ww~ahiddenhaven.com · stay~ahiddenhaven.com $$$$
Angeles Inn Bed and grenltfast 1208 E. 7th Stree~ Port Al~.lesI ~ 98362
360.417~260 · 1~88-5524263 · www. angelesi nn.eom, iame~olypen;com $85
BJ's Garden Gase Bed and Breakfast 397 Monterra Drive, Port Angeles, WA 98362
360.452-2322 · 1-800-880-1332 · www. bjgarden.com · bjgarden@olypen.eom
Blue Mountain Lodge (private unit) 380 Lewis Road, potl Angeles, ~ 98362
360457-8540 855
Colette's Bed and Breakfast 339 Finn Hall Road, Port Angeles, WA 98362
360.457-9197 * 1-877.457-9777 * www. colettes.eom · colettes@olypen.com
Demllston by the Sea B h B 430 Gr~tott St. Victo~ g C; V9A ~ * 250-385q962
1-888-796-2699 * wv~g dennistonby~hesea.com · info~denntstonb~hese~.com
Diamond Fork B & B 112 Reservoir Road, Port Angeles, WA 98363 * 360-452-4933
1-877-221-0837 * ww~zdiamondforkbandb.com · ~a_rnondforkbandb@aol.¢om $$$$
Domaine Madelelne Bed and Breakfimt 146 ~t~dt]oWer Lane, Port Angeles; WA 98362
360457-4174 * 1-888-811-8376 ~ va~donminellladel~cm * sts~do~nesmdlgei~.eorn
Eagles Flight R & B 1053 S. Bagley Creek Rd., Port Angeles, WA 9836Z
360- 775-682 · 1-888-692-9159 * var~eaglesflightbbb.com * mbuck@yahoo.eom
lilwha Ranclt B & B ~O5 Ilerdck Road, Port Angeles, ~ 983~3
360-4574540 * vvrvz elwharanch;com
Five 8eaSuns Bed and Breakfast 1006 S. Lincoln, Port Angeles, WA 98362
360-452-8248 · 1-800-708-0777 · ww~seasuns.com · seasuns@olypen.eom
Groveland Cottage 4861Sequim-Dungene~s Way, SeqUim 98382
360~83-3565 · 800-879,8859 · ~wsequlmvalle~¢~m · $1mone@olyPen~com
Lost Mountain Lodge 303 Sunny View Dr, Sequim, WA 98382
360-683-2431 * x'e*r, glostrnounMniodge.com · getaway@lostmountalnlodge.¢om
Michael's Inn
360457-3027 · earrie~0~ypen.com
Ocean Crest Bed and Breakfast 402 S. "M" Street, Port Angeles, WA 98363
360.452-4832 · 1-877-413-2169 · 9~wnorthoIympic.com/oceancrest * jevans~nforw~d.eom $$
Port Angeles B & B 3604 Gala.W Place, Port Angeles, WA 98362
360.457-9306 * wwwportangelesbb.com · pnz~m~elesbb~aoLcom
Sail-Inn Bed & 8realffast 1109 S Lincoln Street, Port Angeles, WA 98362
360.452-2532 * www. sailinn-pa.eom · rdpomr@olypen.com $$$
Sol Duc River LodgeBed and Breakfast 206!14 Hv~ IO~ Port Angel@,~ 98363
360-327-3709 * l*8~af-86fi-OI28 * v~sv~z s~ldue rive~o~,e~com ~,
The Foxglove Bed and Breakfast 131 East IZth Street, Port A[tgeles, ~ 98362
360417-1277 * ww~ foxglovebandb.eom · info @ foxgloveMndb.e om
The Meadows Inn 3 IS2 Blue Mnunt~tin Road, Port Angeles 98362;
360.417~074 * 866-417-8074 · ~.themead0v~inn.com · infO@themeaclowsinn.¢om
~rl~e ~dor lan 1108 S. O~k Street, Port Angeles, WA 98362
360.452-3138 · 1-866-286-2224. ~tudorinn.com · info@tudorinn.com $$$$
www. portangeles.org 21
Aircrest Motel 1006 E. Front Street, Port Angeles, WA 98362 $
360.452-9255 · 1.888-832-6303 · aircrest~tenforward.com · wwwaircrest.com
All ¥ievt Motel 214 E. lauridsen Boalevard. P~rt A~eles, WA 98362
360-457-7779 · 1~88;457-7779 · allview~01ypen.c0m · w~v. allviewmotel.eom
Best Western Cambridge Inn 10210 E~rgrcen Way, Everett WA 98204 $$$
425-347-2555 · 877-488-0510 · ~bwcambridgeinn.com ° info@bweambrtdgeinn.com
Best Western Olympic Lodge 140DelGu~Dz portAngeles WA9836Z
360452-2993 · 1-800-600-2993 * be~gv~gem~01ype~com * ~rw, porlnngelesl~.eom
Flagstone Motel 415 E, First Street, Port Angeles, WA 98362-3111 $
360-457-9494 · 1-888-304-3465 ,, ',vwvLflagstonemotel.¢om · fiagstone@olypen.eom
Hampton Inn & Suites 19324 Alderwood Moll ~ LynnWOOd 98036
425-771-18~8 · 877-771-8555 · WVWhamplonSeatRenordg eom · info~bamp~.cora $$$
Indian Valley Motel/Granny's Cafe 235471 Hwy IO1 W, Port Angeles, WA 98363 $
360-928-3266 * grannys@tenforward.com ,, www. gmnnyscafe,com
Lake Crescent Lodge 416 Lake Crescem Road port Angeles; ~,~ 98363
360-928-3041 ° wvvs. lakecreseentlodge.eom * Icl0flge@o~en,c'mu
Log Cabin Resort 3183 E. Beach Road, Port Angeles, WA 98363 $$
360-928-3325 · wwv~logcabinresort,net · Iogcabin@tenfor,rard.com
Port Angeles Inn 111E. 2nd Street, Port A~gelesL~ 98362
360452-4015 * 1-800438-8588 · w~port~gelesinn,com · wmM~Opo~eom
Portside Inn 1510 E. Front Street, Port Angeles, WA 98362 $$
360452-4015 ° 1-877-438-8588 ° wve~port~ideinn,com · pomide@tenfonvard.¢om
Qualit~ Inn 101 £, 2nd $~et, port Angel~i WA 9836~, ~O-4S~
1-800-858-3812 ° gm,V~¢hoieehotel.eom * vae. z qu~nn;~O~0lel/~
Ramada Seattle Universit~ District North 2140 N Northgate Way, Seattle 98133 $$$
206-365-0700 ° 800-435-0754 * w.~.ramadainnseaRle.eom * info@ramadainnseattle.com
Red Ltoa Hotel Port Angele~ 221 N. lincoln, P0rt Ang~le$iWA 98362
360452-9215 * 1-800.RED;LION. ~.,vwredlionl~rtaageles,eolR ~ ~onportangeleS.com
Riviera lnn Po. rt Angeles 535 .E. Front Street, Port An. geles, WA 98362
360~17-3955 1-877-766-8350 v,~-,zriviera-inn.com rivier~nn@usintouch.com
Royal Victorian M0tel 521 Il. First Street, PortAl, des, ~ 9836Z
360-452-8400 · 1.877-95Z~, ~~net,,
Rumes Motel 812 E, First Street, Port Angeles, WA 98362
360-457-7788
Sol I}ue Hot Springs Resort I~O. Box 2169, Port Angeles, ~ 98362
360-327-3583 o ww~ no r tholympi¢,com/$olduc · pamsdrOaol,com
Sportsmen Motel 2909 Hvq 101 E,, Port Angeles, WA 98362
360-457-6196 ° wve, gsporgmenmoteLcom
Super 8 Motel 2104 E, Hnt Street, port Angeles, WA 98362
360452-8401 ° 1.80~.800.8000 · wv'~'~:PerS?°m ~;389~l~te[~cen~tcom
The Downtown Hotel 101 ~A E. Front St., Port Angeles, WA 98362 * 360-565-1125 $
1-866-688-8600 · wwzpo rtangelesdownto~otel,com ° contact~ pomngelesdowntownhmel.com
The Pond Motel 1425 W. Hwy 101, Port Angeles, ~g~ 98363
360-452-8422 · info@pondmotel,eom ,, ww~pondmotel.eom
Thor To~n International Hostel 316 N. Race St., Port Angeles, WA 98362
360-452-0931 ° wve~thortown,conl · tho~own@olypen.c om
Traveler's Motel 1133 F~ first Street, Port Angel~; WA 98362 $
360~i52-2303 * wwtrz~lersmotel,net * info @travelersmote[ net
22 www.portangeles.org
Al's RV Park 521 N. Lee's Creek Road, Por~ Angeles, WA 98362
360-457-9844
Crescent Beach & RV Park 2860 Crescent Beach Road, Port Angeles, WA 98363 60
360-928-3344 · xvw~olypen.coav'crescent · crescent@olypen.com
360452-7054 · l~877~.~Elwha-I,, wwv~d~com * ~com 40
KOA Kamp~round Port ,LogelegSequim 80 OiBriea Ro~d, Port An~te$~ ~Zq ~
3~457-5916 · 1.800-1~.7558 * w~wkoa.c0m/where/vea/47128.b~1 * porl~e~(ojtO~.~ 112
360-928-3489
MI scsi°ns inn
360452-5247 · 1-866-880-1464 · www. pa~r;org · info~pavr,0rg
Brigadoon Vacalion Rentals 62 B~lmoral Ct, Sequtm, WA 98382 $$$$
360-683-2255 · 1-800-397-2256 · vmwsequimrentals,com · macil)'n@wavecable.com
Discovery Lodging I Lake Su~erland House port Angeles; ~A $$$$
3~O-271-0296; 877-337-9090 * ve~w. dJsco',~0 dging.com * kaybOnwinet.com
Great Unks Resorts 1963 Woodcock Rd., $equim, WA 98382 $$$$
360-683-7337 w',v~greadinksresorls, com judy@gl~oa.com
Groveland ~V~a~a. fion Rentals .4861 Sequlm-Dungene~Way, Sequim, V&9838Z
360-683-3565 800-879-8859 wv,~csequimralley~om ·
Harrison Beach 299 Harrison Beach Rd, Porl Angeles, WA 98363 $$
360-928-3006
.}uan De IM~ Cott~es 182 Marine Dr, Sequim, 98382, 360~83~1433
866~83-4433 * vgw~juandefuca,co ,, juande~ca@olypea,com
Kinder Farm Vacation Rentals 1074 Hooker Rd, Sequim, WA 98382
360-683-7397 · wwwkinder~arm.com · info@kinder~arm.com
Loke Crescent C..abtn 1~i43 East Beach Rd, Port Angeles, WA 98363
vmw lakecreseenteabin.com
La Place Sur La Mcr 2026 Place Rd, Port Angeles 98363
360-565-8029 · v,'a~laplacesur-]a-meccom · lyndee@laplace~ur-la-mer
Olympic'View.Place 512 E. Ahlvers, Port A~i. ,g. de$, WA 98362
3~-457-8919 ',w,~olympicviewplace.com info@olympicviewplacexom
PA Cottnge Bxperience 131 East 12th St, Port Angeles, W^ 98362 $$$$
360-565-8012 · 9mwpacr. biz · foxglove@por~angeles-wa biz
Whiskey Creek Beach 1385 Whiskey Creek Beach,.loyce, WA 98343 $$
360-928-3218
www.podangeles.org 23
PORT ANGELES CHAMBER OF COMMERCE
121 East Railroad
Port Angeles, WA 98362
(360) 452-2363
For 2005 the Chamber Board has an aggressive agenda planned. The
following reviews the goals as decided upon at the December retreat.
Highlight the Chamber as more than a one dimensional organization that only focuses on
tourism and marketing.
Continue our involvement with the local health care industry to update and educate the
business and residential community about health related issues that face us.
Continue to showcase the importance of our educational system and also work with the
Port Angeles School District to encourage a yes vote for the school levies being proposed.
Take an active role with the airlines that service Port Angeles, to assist with awareness
and to learn more about the business and residential airline travel needs.
*Work with Police Chief Tom Riepe to establish a higher police presence in the
downtown area
Higher concentrated effort on the non-tourism segment of the membership to involve them
Create opportunities for members to be active in the chamber (such as) -committees
-web site chat room
Continue to update the residents in the area about the importance of tourism to the
economy
*-Start a tourism in your own backyard focus
Set up a forum for the Chamber Board and the PADA Board to discuss opportunities for
the Chamber to be more involved in downtown and to assist with promotion, economic
development, and communication with merchants, building owners, and professionals.
Review the Downtown zoning and work on recruitment of new business to the area.
FAX#360-457-5380 · www. portangeles.org · E-mail:pangeles@olypen.com
REPRESENTING THE LARGEST GROUP OF BUSINESSES ON THE PENINSULA
Set up a forum for the Chamber Board and the Sequim Chamber Board to meet and
discuss common issues and promote more dialogue with each other.
Continue to use the Monday Chamber lunch as a forum of issues facing the community to
educate both members and the residents. (a program chairperson is needed)
Stay involved and when possible take an active role in the development issues involving:
*-Covered Arena
-New pool
-Landing mall and pier
-Rayonier
-New businesses in the downtown
-Graving Dock
-Utilities in the UGA
Take a more active role in the EDC
*Consider a name change of the chamber to be more inclusive of the region. Our
involvement goes far beyond the city borders
Grow the Business After Hours monthly program
*Continue to detail the Sports/Event Commission and expand to include private
sponsors
Continue our role as the contracted organization .for the city to handle the marketing,
advertising, event grants and visitor center operations as outline in our agreement.
*This means a committee is being formed or already exists for this segment.
ShouM you have an interest to be involved please contact Russ Veenema via e-mail at
russ~portan~eles.org or call 452 2363 X 13.
WASHINGTON, U.S.A.
CITY COUNCIL MEMO
DATE:
To:
FROM:
SUBJECT:
FEBRUARY 1, 2004
CITY COUNCIL
MICHAEL QUINN, CITY MANAGEI~_~
CLALLAM COUNTY EDC CONTRACT
~ In accordance with the 2005 Budget, staff has prepared the attached contract with
Clallam County Economic Development Council (EDC) for the provision of services during 2005.
The contract essentially mirrors the existing agreement and provides a service contract for economic
development services.
Recommendation: Authorize the Mayor to sign the attached contract with the Clallam
County Economic Development Council for 2005.
Background / An alvsis.' The contract is consistent with prior agreements between the City and
the EDC. Except for some minor word changes to better clarify the contract and not materially
change the contract, there is only one substantive change. At the City Attorney's suggestion, we
added section 8 to the contract concerning "Independent Contractor" status for EDC and clarifying
that their agency is not an employee of the City. Otherwise, the contract amount is the same at
$35,000 plus an allowance for $2,500 in telephone service. We value the service received in this
contract, and a recent example of the benefit is the successful placement of PA Hardwoods.
21
G:~vlASTFORM\COUNC1L,WPT
AGREEMENT
THIS AGREEMENT is entered into this __ day of ., 2005, by and between
the City of Port Angeles, Washington, a municipal corporation, hereinafter called "City", and the
Clallam County Economic Development Council, Inc., a non-profit corporation, hereinafter called
"Contractor".
WHEREAS, the City is a municipal corporation of the State of Washington authorized to
contract for economic development services; and,
WHEREAS, it is in the public interest for economic development activities to be performed
that will enhance the economy and employment opportunities in the City of Port Angeles; and,
WHEREAS, the City has need of research and assistance in regards to these and other aspects
of its operations;
NOW, THEREFORE, in consideration of the above representations and the mutual covenants
and agreements herein, it is agreed by the parties as follows:
PERFORMANCE BY THE CONTRACTOR.
A. General Goals.
The Contractor shall promote and enhance economic development and employment
opportunities in the City in accordance with the mission and goals set forth in the attached
Exhibit "A". The Contractor shall use its resources to jointly market the facilities and
capabilities of the City to new and existing businesses with the goals of increasing City
revenues and general employment oppommities for City residents.
Business Retention, Expansion and Recruitment.
(1) The Contractor shall work cooperatively with the City and shall serve as an
economic development research and reference service for the City. In this capacity
the Contractor shall conduct ongoing basic market research; identify target markets;
provide business retention, expansion and recruitment services aimed at existing
businesses and target markets; and participate with the City in the process of
responding to inquiries, site selection consultation, and case management, regarding
existing or new industries or other commercial ventures which seek information
concerning the facilities and resources managed by the City or which may involve
properties and/or infrastructure within the City and the Port Angeles Urban Growth
Area (UGA).
(2) The Contractor shall, upon request, provide effective industrial marketing
guidance to City staff and provide services in the development and execution of
programs aimed at better planning, utilization, promotion, and advertisement of
community services, facilities, infrastructure, and property.
(3) The Contractor shall maintain and enhance working relations with existing
businesses to assist them with start-up and expansion needs, technical assistance,
access to business counseling and financing resources including aid and assistance
to at-risk businesses.
(4) The Contractor shall assist the City in preparing replies to inquires received by
the City or the Contractor regarding City facilities and resources or which may
involve properties and/or infrastructure within the Port Angeles Urban Growth Area
(UGA) relative to economic development retention and growth opportunities.
(5) The Contractor shall assist the City in applying for and administering economic
development related grants, including any potential to support the development of
infrastructure.
(6) The Contractor shall maintain a community profile specific to the greater Port
Angeles area, which highlights demographic and development data customarily of
interest to industrial/commercial developers.
(7) The Contractor shall work with the City in the maintenance and periodic update
of the commercial and industrial property and infrastructure databases for the Port
Angeles vicinity.
(8) The Contractor shall work with the City to research, identify, and implement
the addition of new development incentive programs or packages as may be
applicable to Port Angeles economic development efforts.
C. Prospe~Management.
The Contractor will be primarily responsible for providing services in connection
with industrial and business retention, expansion and/or relocation. The Contractor
will represent the attributes for appropriate site locations within the City that meet
the prospects criteria. In such dealings, the Contractor shall participate in the
handling of prospects, in accordance with the following guidelines:
(0
Contacts made directly to the Contractor or referred to Contractor by
DCTED.
(a) The Contractor will provide general information and other data
requested by the prospect. Within 24 hours of being contacted regardinga
prospect, the Contractor shall notify the City Manager, or his designee, by
phone and/or e-mail, regarding details of the contact.
(b) If the prospect indicates an interest in specific business locations, the
Contractor shall notify other affected parties and property owners as
appropriate, make appropriate introductions, and assist in follow-up
marketing.
(c) If the prospect requests confidentiality, the Contractor will keep the
City Manager, or his designee, fully informed without revealing the identity
of the prospect.
(2) Contacts made directly to the City.
(a) When the City receives a direct contact or is managing a development
prospect and desires support from the Contractor, it may request such
assistance, and Contractor will render such assistance. The Contractor to
supply recruitment information and services as described in lA and lB.
(3) Public Events, and Media
Public events such as media conferences, ground breaking ceremonies, and
ribbon cuttings will be coordinated with the City Manager or his designee,
the siting jurisdiction, and other affected partners.
The Contractor shall provide to the City and to such persons as the City may direct,
free of additional charge, materials prepared by the Contractor.
E. The Contractor shall maintain records and report to the City as follows:
(1) The Contractor shall maintain accounts and records that accurately reflect the
revenues and costs for the Contractor's activities under this Contract. These
financial records, and all records related to the performance of this Contract, shall
be available for City inspection.
(2) The Contractor shall provide the City with monthly reports fully describing what
work has been performed pursuant to this Contract, and including a current statement
of revenues and costs.
(3) The Contractor shall use its best efforts to economize on overhead expenses to the
maximum extent feasible in providing the services to be performed pursuant to this
Contract.
(4) The Contractor shall provide the City with an annual budget, including current
salaries and benefits for all employees and classifications of employees and shall notify
the City within 30 days of any increases in salaries or benefits from the previous year.
PERFORMANCE BY THE CITY.
For the "Core" services rendered by the Contractor, the City will provide, by payment
in cash, the amount of $35,000 and, in-kind telephone service, in an amount not to
exceed $2,500.
Payment by the City shall be due upon receipt and acceptance by the City Manager of
the Contractor's quarterly report. The Contractor will invoice the City for all quarterly
payments.
TERM.
This agreement shall be for a term of one year, commencing on January 1, 2005.
ASSIGNMENT.
This agreement may not be assigned by either party to this agreement except by signed
amendment.
BREACH.
In the event of either party's material breach of the terms or conditions of this Contract,
the non-breaching party reserves the right to withhold payments or services until
corrective action has been taken or completed. However, the party shall not exercise
this right until they have given written notice of such material breach to the breaching
party and ten days have passed since the receipt of such notice. This option is in
addition to and not in lieu of the parties' right to terminate this Contract or any other
right which State law offers for breach of contract.
If either party shall materially breach any of the covenants undertaken herein or any of
the duties imposed upon it by this Contract, such material breach shall entitle the other
party to temainate this Contract, provided that the party desiring to terminate for such
cause shall give the offending party at least twenty days' written notice, specifying the
particulars wherein it is claimed that there has been a violation hereof, and if at the end
of such time, the party notified has not removed the cause of complaint, or remedied
the purported violation, then the termination of this Contract shall be deemed complete.
NON-DISCRIMiNATION.
The Contractor shall conduct its business in a manner which assures fair, equal and
non-discriminatory treatment of all persons, without respect to race, creed or national
origin, and, in particular:
The Contractor shall maintain open hiring and employment practices and will welcome
applications for employment in all positions, from qualified individuals who are
members of minorities protected by federal equal opportunity/affirmative action
requirements; and,
The Contractor shall comply with all requirements of applicable federal, state or local
laws or regulations issued pursuant thereto, relating to the establishment of non-
discriminatory requirements in hiring and employment practices and assuring the
service of all persons without discrimination as to any person's race, color, religion,
sex, Vietnam era veteran's status, disabled veteran condition, physical or mental
handicap, or national origin.
DISPUTE RESOLUTION.
Any disputes related to this Agreement that are not resolved by agreement of the City Manager
and the Contractor' s Executive Director shall be referred for determination by the City Council
and the Contractor's Board of Directors. Any still unresolved disputes shall be referred to non-
binding mediation by a mutually acceptable mediator. Venue of any lawsuit related to this
Agreement shall be in Clallam County, Washington.
iNDEPENDENT CONTRACTOR STATUS.
The relation created by this Contract is that of independent contracting entities. The Contractor
is not an employee of the City and is not entitled to the benefits provided by the City to its
employees. The Contractor, as an independent contractor, has the authority to control and
direct the performance of the details of the services to be provided. The Contractor shall
assume full responsibility for payment of all Federal, State, and local taxes or contributions
imposed or required, including, but not limited to, unemployment insurance, Social Security,
and income tax.
HOLD HARMLESS AND INSURANCE.
The Contractor shall protect, defend, save harmless, and indemnify the City, its officers,
10.
agents, and employees from and against any and all claims, damages, losses, and expenses,
including reasonable attorney's fees, occurring, arising, or resulting from supplying work,
services, materials, or supplies in connection with the performance of this Contract. The
Contractor shall provide a Certificate of Insurance evidencing occurrence-based Commercial
General Liability insurance with limits of no less than $1,000,000 combined single limit per
occurrence, with the City shown as a named additional insured.
ENTIRE CONTRACT.
The parties agree that this Contract is the complete expression of the terms hereto and any oral
representation or understanding not incorporated herein is excluded. Further, any modification
of this Contract shall be in writing and signed by both parties.
1N WITNESS WHEREOF, the parties hereto caused this Contract to be executed the day and
year first herein above written.
CITY OF PORT ANGELES
CLALLAM COUNTY ECONOMIC
DEVELOPMENT COUNCIL
By:
Mayor Richard Headrick
President
ATTEST:
Becky J. Upton, City Clerk
APPROVED AS TO FORM:
Vice President
William E. Bloor, City Attorney
G:\Legal Backup\AGREEMENTS&CONTP. ACTS\EDC 2005.con.wpd
CLALLAM COUNTY ECONOMIC DEVELOPMENT COUNCIL
Strategic Plan
2003-2007
Vision Statement
A connected and interdependent community in business, government,
education and healthcare to improve economic opportunities and enrich the
life of each and every citizen.
Mission Statement
The mission of the Clallam County Economic Development Council is to
catalyze economic growth; to lead the collaborative process and
diversification of the economy while applying sound stewardship of the
community.
This document is a working document, which may be added to and/or altered by the Board of Directors to
address issues and opportunities that may adss during the 2003-2007 period.
Adopted by Clallam County EOC Board of Directors on September 18~ 2003
29
CLALLAM COUNTY
CONNECTED COMMUNITY PRINCIPLES
Y Education
Ensure that the region maintains a qualified workforce by developing a
community that embraces change and has access to high quality life-long
education.
~Jobs
Invest community resources in the creation of a diverse set of new job
opportunities in sustainable industry sectors; raise the average wage in
Clallam County.
~. Access
Make sure one's zip code does not limit one's access to government
services, business, healthcare or education opportunities, thus saving time
and money and improving service availability and quality.
)~ Entrepreneurship
Become a community of creative solutions where government, education
and business recognize, appreciate and adopt an entrepreneurial spirit.
> Community Development
Facilitate community projects and practices to promote collaborative
behavior, connectivity and changed spending, investing and budgeting,
Implement a tangible program to communicate the collaborative
actions and resource sharing occurring in the comm~nity;
encouraging citizens to adopt connected ways of thinking and
demonstrating the "Connected Economy" as enhancing c ur shared
vision to maintain a desirable community in which to worl~ and live.
3O
STRATEGIC PLAN ELEMENTS
Strate,qic Plan Key Indicators
Cia[lam County Average Covered Wage
Labor force: Total, Percentage of Population
Clallam County Employment
Businesses By Sector
New Businesses By Sector
Medicare/Medicaid Reimbursements at Olympic Medical Center
K-12 Enrollments
Peninsula College Enrollments
Clallam County Retail Sales
31
Ob,iectives, Strategies and Actions
Strategies and Actions
Sustain and support private business participation within the industry
cluster teams
~ Promote and increase value in the cluster team collaborative process
} Recruit broader participation of industry cluster segments
Educate community on the use and benefit of an industry cluster
strategic approach
} Promote and coordinate monthly "Industry Connection Events"
3. Coordinate industry cluster oppommities events for public agencies and the
3. Continue to support a bimonthly "Business Colunm"
~ Distribute industry cluster documents
~ Celebrate the w'ms and successes of the cluster strategy
Develop objective measures on the impact and development of current
and potential clusters
} Create a visual measurement tool
~ Use key indicators to monitor the economic impact
Connect local resources to the industries via Clallam networks >' Coordinate mapping of industry clusters
~ Provide access to industry maps
~' Facilitate connection of resources between clusters
Provide and develop leadership and support to industry cluster teams } Board member co-chairs lead industry cluster teams
} Increase leadership skills of cluster teams
~' Identify funding for industry cluster teams
$2
Promote the retention and expansion OIRE) of our local businesses
within the industry clusters
), Integrate BRE principles into industa7 cluster stratesY
). Connect CCBI services to the industry cluster teams
~. Advocate for industxy competitiveness by addressing legislative issues
Improve the competitiveness and promote innovation within the
industry clusters
~ Identify and recruit finns to fill gaps in industry cluster supply chain
~ Address the legislative issues impeding local business
_~ Facilitate industry research
} Connect innovation research and resources to industry clusters
?_ Provide market research training to industa~j' duster teams
33
Strategies and Actions
Support the Clallam County Business Incubator (CCBI) ~. Connect current business support resources to the organization
~' Market the facility and services
~, Pursue capital and operational funding
~ Provide support during initial development
~' Direct prospects into the "Guided Access Process"
Partner with resources to grow and retain existing businesses ~ Continue funding support for SBDC
1~ Strengthen relationships with state and national business support services
Educate the community on available business resources through the
EDC
>. Continue to support a bimonthly "Business Column"
} Coordinate workshops and seminars
~' Seek out public relations and advertising opportunities
Identify business resources to meet the needs of local businesses ~, Participate in state wide association
?_ Attend applicable conferences
~ Create a resource library
Engage youth in local economic development ~ Partner with High School related classes and organizations
>. Encourage entrepreneurial spirit in youth
} Create intern opportunities
To foster the dynamic relationship between business, workforce,
education
> Coordinate cross cluster activities and connections
>' Identify collaborative opportunities
34¸
Strategies and Actions
Be an advocate for solutions for the removal of barriers that inhibit
community growth
Identify community-financing alternatives ~ Explore the feasibility of an integrated Capital Finance structure
} Use the finance cluster team to facilitate innovative finance opportunities
> Promote current alternative finance resources
Moderate between various organizations to foster common thread
that mirrors the EDC vision and mission
~ Board members communicate the Councils vision and mission to their
respective organizations
~ Identify opportunities to incorporate economic development component
element in their plans
Ensure that our vision is an integral part of the GMA comprehensive
plan
~ Board members communicate the vision and mission to their organizations
planning process
Propose and coordinate the economic development section of the
comprehensive plans of the entire county
} Review regulations impacting economic development
). Make recommendations to agencies when appropriate
Drive collaboration of strategic planning initiatives within the
community
> Coordinate the review of agencies strategic plans
~, Identify opportunities for collaboration
Strengthen the relationship with the tribes >. Engage tribal governments in economic development initiatives
~' Conduct out reach visits to tribal communities
Promote the interdependency between business, government,
education and health care
~ Quantify the value of collaborative actions
~' Utilize Board of Directors to identify interdependency opportunities
36
Strategies and Actions
Acquire and leverage resources to execute the strategic plan > Secure additional funding resources
~' Create a list of people and agencies to assist in implementation of the plan
> Encourage Board members to advocate for the strategic plan
> Create and implement a fundraising strategy
~ Create and implement a legislative strategy
~ Identify and secure project management needs
> Develop a knowledge management system
~ Export marketable components of the strategic plan
Develop a Board of Directors whose members are active participants
that engage in meeting the Roles and Responsibilities of the EDC
Board of Directors
~ Institute an evaluation mechanism to measure the boards effectiveness in
achieving the strategic plan
~' Track the Board members participation
> Develop strategies to increase participation
Leverage the capacity of the PDA and other regional initiatives ~, Participate in Olympic Regional economic partnerships
> Identify and connect oppommities to further the strategic plan actions
Increase private sector participation and investment > Promote the value of Council membership
~__ Build partnerships in strategic planning initiatives
~' Insdtute a annual membership campaign
37
Strategies and Actions
Identify resources to implement elements of the plan } Secure sponsors and funding
~ Utilize cluster expertise
Recruit potential businesses from outside the community to relocate
Utilize cluster teams to identify targeted prospects
Collaborate with tourism marketing campaign
Conduct on-site company visitations
Participate in identified industry trade shows
Lead a countywide effort to create a branding strategy ~. Coordinate focus groups to gather input
~. Locate and utilize existing branding information
} Identify and secure funding for implementation
Use technology as a marketing tool ~' Develop a web portal
>' Develop a community video
} Provide electronic information
Develop a communication strategy } Integrate public relation and marketi.ng
} Establish a communication committee
~ Identify t~nding and apomora to support implementation
~, Lev,raging the Board members to help implement the communications
strategy
38
pORTANGELES
W A S H I N G T O N, LJ, $, A,
CITY COUNCIL MEMO
DATE:
TO:
FROM:
SUBJECT:
February 1, 2005
CITY COUNCIL
Glenn A. Cutler, Director of Public Works and Utilities
Vehicle Purchases from State Bid
Summary: Purchase two Ford Crown Victoria police cars and one Toyota Prius from state bid
contracts #0940~ and #0920~. The bi. ds meet the speci~cations and are within budget..
Recommendation: Authorize the City Man.ager to s~gn contracts and purchase orders with
approved specified dealers from the state b~d contracts.
Background/Analysis: The 2005 budget contains funds to replace two Police vehicles and one
hybrid vehicle. Funds have been transferred to the equipment services funds and are available for
the procurement. The existing sedans are beyond their economical life and need to be replaced.
All three vehicles are available on the State Bid. At this time, local dealers are unable to compete
with state procurement bids.
The procurement results are summarized below. Budgeted funds available for the vehicles are
sufficient to cover the cost.
Bids for 2 Police Vehicles and 1 Hybrid
Purchase Contracts No. 09404 and No. 09204
(Prices Include Sales Tax and Fees)
Vehicle Type Budget State Bid Replacing vehicle
#0078 (1992 Chevrolet
2005 Ford Crown Caprice)
Victoria $26,500 $23,700
New addition to fleet
2005 Ford Crown
Victoria $26,500 $23,700
#1956 (1956 Chevrolet
2005 Toyota Prius Wagon)
(hybrid) $30,000 $22,358
It is recommended that the City Manager be authorized to sign contracts for two Police vehicles
and one hybrid vehicle. 39
CITY COUNCIL MEETING
Port Angeles, Washington
January 18, 2005
CALL TO ORDER -
REGULAR MEETING:
ROLL CALL:
PLEDGE OF
ALLEGIANCE:
PUBLIC CEREMONIES,
PRESENTATIONS AND
PROCLAMATIONS:
WORK SESSION:
8t~ Sh'eet Bridge
Stxeetscape
Deputy Mayor Braun called the regular meeting of the Port Angeles City Council to
order at 6:08 p.m.
Members Present: Mayor Headrick [arrived at 6:20 p.m.], Councilmembers
Braun, Munro, Pittis, Rogers [arrived at 6:20 p.m.], and
Williams.
Members ~lbsent:
Councilmember Erickson.
Staff Present:
Manager Quinn, Attorney Bloor, Clerk Upton, B. Collins,
G. Cutler, D. McKeen, T. Riepe, Y. Ziomkowski, G.
Kenworthy, S. Romberg, and S. Roberds.
Public Present:
E. Tuttle, K. Romberg, L. Crowley, J. Hoine, D. Tangwall,
M. Gentry, K. Zink, S. Moore, C. Kidd, J. Gustafson, A.
Sturgeon, D. Schmid, J. Castillo, A. Richter, L. Stamper, P.
Lamourenx, S. Dudley, S. Gormley, E. lbarra, J. Minnoch,
M. Hunsen, T. Ahlgren, J. Can'ell, C. Rife, D. Ted, B.
Matthews, K. Williamson, C. Crumb, S. Adams, L.
Morgan-Ellis, and C. Brown. All others present in the
audience failed to sign the roster.
The Pledge of Allegiance to the Flag was led by Clerk Upton, followed by a moment
of silence for former City employee, Dale Miller, who recently passed away.
None.
8th Street Bridge Streetscape:
Public Works & Utilities Director Cutler informed the Council that the City is moving
forward with the 8t~ Street bridges; approval has been received from the State for the
project to proceed. He indicated that Bernie Chaplin and Santosh Kuruvilla, Exeltech,
were present this evening to present recorrmaendations on the streetscape design
recommendations. He was hopeful that, following the presentation, the Council would
direct staff as to its preferred streetscape.
Aided by PowerPoim slides, Mr. Kumvilla reviewed what has transpired since the last
time Exeltech addressed the Council regarding the 8th Street Bridge project. The bridge
design was re-analyzed in terms of cost in that there is a maximum budget of $10
million per bridge. Preferred designs and streetscape design options were presented
in a public open house in July, final design of the bridges proceeded, and
recommendations for the streetscape design were finalized. In considering the
streetscapc design, Mr. Kuruvilla indicated various elements were taken into
consideration, such as bridge entrance and exit transitions, direct and indirect lighting,
rail design, bicyclc~I/d pedestrian facilities in terms of benches and physical
41
-1-
CITY COUNCIL MEETING
January 18, 2005
WORK SESSION:
(Cont'd)
Street Bridge
Streetscape (Cont'd)
LATE ITEMS TO BE
PLACED ON THIS OR
FUTURE AGENDAS
& PUBLIC COMMENT:
separation, and viewpoints. Mr. Kuruvilla reviewed the methodology used in
developing the streetscape design, after which Mr. Bernie Chaplin discussed public
involvement in the development and review of the design. He noted that two items of
public input proved to be valuable in that one suggested the viewpoint location and rail
design should discourage people from dropping objects onto the Truck Route, and the
second recommended that efforts be taken to prevent water and gravel from dropping
onto the truck Route traffic lanes. Mr. Chaplin advised the Council that the latter issue
has been resolved by virtue of new stormwater regulations.
With PowerPoint slides showing the design, Mr. Chaplin then discussed the various
aspects of the design, to include the entrance, viewpoint, and mils. The total cost for
the recommended design would equate to $973,000, and the City's share would be
$394,400. Mr. Chaplin then itemized the elements of the streetscape design for the
Council's approval. After considering the height of the pedestrian rail, Councilmember
Pitlis inquired as to whether the height could be increased in view of past experience
with local pedestrians. Mr. Chaplin responded that the standard WSDOT height is 54
inches, but he had contacted WSDOT in this regard and learned that the DOT will
consider higher rails under special circumstances. Discussion then centered around the
actual measurements of the traffic lanes, the bike lanes, and the sidewalk. Mr. Chaplin
clarified there is a 6-inch curb and a 6 ~A-foot sidewalk.
Mr. Santosh then informed the Council that the final design should be complete by
May, 2005, and an open house will follow in June to discuss construction impacts and
sequencing. June, 2005, is the target date for advertising for the contract. Discussion
ensued, and Director Cutler clarified for the Council that the $394,000 would come
from Capital Facilities. The General Fund reserve has been considered but not
finalized. He added that the City will attempt to obtain additional funding from the
State in order to reduce the City's expenses. Following further discussion,
Councilmember Pittis moved to accept the streetscape design recommendations
of the staff, design committee, and consultants, and authorize the consultants to
proceed with completion of the design for final plans, specifications, and
estimates. The motion was seconded by Couneilmember Rogers and carried
unanimously. Councilmember Pittis urged staffto argue for a greater height of the
rails, and Councilmember Braun expressed hope that the lights will stand out on the
bridges and make a statement for the City.
Councilmember Pittis, referencing his previous suggestion to consider a public vote on
fluoridation, had hoped to discuss the issue at this evening's meeting. However, in the
absence of Councilmember Erickson, he asked that the matter be placed on the next
Council agenda for consideration, to which the Council agreed by consensus.
Councilmember Williams asked for consideration of drafdng a letter to the Federal
Aviation Administration with regard to the recent failure of locator beacons for the
ahport. This was added as Agenda Item 1.1.
Councilmember Munro asked for an update on tsunami preparation in the area, and Fire
Chief McKeen agreed to make a presentation to the Council in February.
Manager Quiun asked for consideration of a letter regarding the City being the
purveyor of utilities in the Western UGA. This was added as Agenda Item 1.2.
Linda Crowley, President of the Port Angeles Swim Club, addressed the Council on the
matter of contract fees being proposed by the Parks & Recreation Department for
payment by the Swim Club. Ms. Crowley indicated the Swim Club is made up of
children from ages 7 - 18 who are part of U.S.A. Swimming and who use the Port
Angeles pool for 11 months, 5 days a week, 2 hours per day. Many of the swimmers
have gone on to compete in college and national tournaments, but the number of
-2-
LATE ITEMS TO BE
PLACED ON THIS OR
FUTURE AGENDAS
& PUBLIC COMMENT:
(Cont'd)
CITY COUNCIL MEETING
January 18, 2005
swimmers will decrease because pool time and space is being reduced in the proposed
contract. Ms. Crowley indicated that the Swim Club has partnered with the City for
over 40 years, and the Club practiced in a regular time slot for only the cost of the
lifeguards. Under the new proposal, the fees would cost over $16,000 per year and
would likely cause the Swim Club to fold. The other proposal submitted by the City
would charge City swnnmers an annual fee orS 100 and County swimmers $150, which
would eliminate many of the swimmers because farrfilies have 2 or more swimmers.
Ms. Crowley indicated that other area youth organizations, such as Jr. Babe Ruth,
Youth Soccer, as well as the baseball and softball organizations, are not charged a fee
such as that being proposed for the Swim Club. She noted that, two years ago, a kid
tax of $10 was disapproved for youth organizations. However, the Swim Club is now
being singled out to pay the fees, and many of the parents are questioning why the Club
would be charged and others not. She advised the Council that the Swim Club is
already an expensive sport at $3,000 per swimmer per year. In addition, the Club has
helped over the years to add value to the William Shore Pool through donations, the
purchase ora $9,000 scoreboard that allows the School District and the Club to bring
swim meets to town, $2,600 in lane lines, a new starting system, touch pads, and a
computer operating system that is used by the School District, the Swim Club, and the
City. She asked that the Swim Club not be charged these fees as proposed.
Discussion followed, with Ms. Crowley answering questions and providing clarification
for the Council. She noted that the City was one of the Club's sponsors in the past, and
she explained the difference between the Swim Club and the High School swim team.
When asked whether the contract had been reviewed by the Parks & Recreation
Commission or the Parks Subcommittee, Ms. Crowley indicated that a contract hadn't
even existed until 4 - 5 years ago when it was proposed by the Parks Manager at the
time. Councilmembar Munro suggested that the matter be taken to the Parks
Subcommittee for review, and Manager Quinn assured the Council that staff would
pursue the matter.
Jim Hoine, Vice President of the Swim Club, expressed concern with the lack of equity
as relates to the proposed contract and the associated fees. He felt that, because other
youth organizations aren't charged by the City, the Swim Club shouldn't be expected
to pay a fee. Mr. Hoine also answered questions posed by the Council, and he noted
his family would have to pay $300 since he is a County resident. Other families could
be expected to pay up to $600 based on the number of swimmers in their families. Mr.
Hoine also addressed the reduction in space being proposed in the contract, as one of
the swimming lanes will now be used for lifeguard training. Councilmember Munro
reiterated the need for this issue to be addressed by the Parks Subcommittee. Mr.
Hoine noted that a meeting had been set for this coming Friday with two members of
the City staff, at which time the Swim Club is expected to sign the contract. Mayor
Headrick understood if the Swim Club representatives chose not to attend the meeting
until the matter could be further addressed.
Ed Tuttle, 3909 Old Time Place, was present as President of the Bay Loop
Neighborhood Association, Acting President of the Nu Dawn Coalition and, upon
request, spokesman on behalf of the majority of the Downtown Association members
who felt their Board has not listened or represented them. Mr. Tuttle read a letter,
copies of which he distributed to the Council, on the matter of Counciimembar Rogers'
participation in negotiations with the P.U.D., as well as the desire to see the Gateway
project terminated. Mr. Tuttle shared the results of an informal survey conducted on
the Gateway project, and he advised the Council that many business owners are not
supportive of the project.
Mayor Headrick noted the attendance of a significant number of stodents this evening
and, later in the meeting, students Dan Atchesun and Kevin Turner informed Council
that their attendan-'~'n4vas related to the High School Contemporary Issues class.
-3-
CITY COUNCIL MEETING
January 18, 2005
LATE ITEMS TO BE
PLACED ON THIS OR
FUTURE AGENDAS
& PUBLIC COMMENT:
(Cont'd)
FINANCE:
Purchase of Sewer
Inspection Camera System
& Vehicle
Parametrix Consultant
Agreement
Oak S~:eet Sewer Repair,
Project 04-03, Change
Order # 1
Break
Following up on Mr. Turtle's commentaries, Manager Quinn advised the Council that
he had offered to meet with the downtown businesses to discuss the Gateway project.
Paul Lamoureux, 602 Whidby, commended Public Works & Utilities on their
efficiencies in completing the Peabody waterline installation. In addition, he advised
the Council that he had made a presentation to the Utility Advisory Committee
regarding water rotes and the CSO Plan. He asked if there were any potential changes
on the Elwha Dam removal project, and Councilmember Rogers responded that the
report has just been released so the City has not had an opportunity to review it in any
depth.
1. Purchase of Sewer Inspection Camera System & Vehicle:
Director Cutler informed the Council that two bids were received for the Sewer
Inspection Camera System and vehicle; however, both bids had deficiencies and both
bids exceeded the funds available. He asked that both bids be rejected and the
purchase be m-bid in 2005. When asked by Councilmember Braun as to the
disposition of the current vehicle and equipment, Director Curler responded that both
are antiquated and unreliable. Councilmember Pitfis moved to reject all bids on
purchase contract #04-18 and allow the Public Works & Utilities Director to re-
solicit for the Sewer Inspection Camera System and Vehicle. The motion was
seconded by Councilmember Braun and carried unanimously.
2. Parametrix Consultant Agreement:
Director Cutler reviewed the proposed agreement with Parametrix for engineering
services related to the Solid Waste Utility and Landfill. He reviewed the scope of work
and the associated budget with each task. Councilmember Braun noted that this
cun~ract has a value of $39,000 per month, and Councilmember Rogers emphasized
that much of the work being accomplished via this contract is due to unfunded Federal
mandates.
Deputy Director of Engineering Services Kenworthy approached the podium to address
a question posed by Councilmember Munro related to the consultant's hourly rate.
Deputy Director Kenworthy indicated that Paramethx has instituted what could be
considered normal increases, and he advised the Council that staffwill be returning to
the Council with a request for increased spending on the RFP for the Transfer Station.
Councilmember Rogers indicated that the Utility Advisory comrmttee thoroughly
reviews all of these items before they are forwarded to the Council. She added that the
City doesn't have sufficient staffto meet all of the needs, and the UAC does a benefit
analysis of all recommendations. Following further discussion, Councilmember
Braun moved to approve and authorize the Mayor to sign an Agreement for
Professional Services with Parametriz in the not to exceed amount of $469,525.
Couneilmember Williams seconded the motion, which carried unanimously.
3. Oak Street Sewer Repair, Project 04-03, Change Order No. 1:
Director Cutler summarized Change Order No. I for the Oak Slreet Sewer Repair
project, noting it came about due to unanticipated site conditions, all of which were
then described in detail by Deputy Director Kenworthy. Following brief discussiun,
Councllmember Rogers moved to approve and authorize the City Manager to sign
Contract Change Order No. 1 in the estimated not to exceed amount of $57,000.00
to perform the required additional work. Couneilmember Williams seconded the
motion, which carried unanimously.
Mayor Headrick recessed the meeting for a break at 7:23 p.m. The meeting reconvened
at 7:40 p.m.
-4-
CONSENTAGENDA:
CITY COUNCIL
COMMITTEE
REPORTS:
RESOLUTIONS:
ORDINANCES NOT
REQUIRING PUBLIC
HEARINGS:
Street Vacation Petition -
Reid, Portion of 16/17
Alley East of"A' Street
Ordinance No. 3183
CITY COUNCIL MEETING
January 18, 2005
Counciimember Braun moved to accept the Consent Agenda to include: 1.) City
Council Special Meeting Minutes - December 29, 2004, and Regular Council Meeting
of January 4, 2005; 2.) Expenditure Report - January 7, 2005 - $610,649.67; 3.)
Electronic Payments - January 7, 2005 - $1,995,976.00; 4.) Reappointments to City
Boards and Commissions. The motion was seconded by Councilmember Munro.
Councilmember Pittis indicated he had spoken with the City Clerk about Page 2,
Paragraph 3, of the December 29, 2004, Special Council Meeting minutes. Reference
was made to copper dam, which should be corrected to coffer dam- Manager Quinn
directed the Council's attention to the proposed appointment of Interim Planning
comnUssiuners. A vote was taken on the motion, which carried 5 - 1, with
Couneilmember Rogers abstaining from the vote on the January 4, 2005, minutes
due to absence from the meeting.
None.
None.
Street Vacation Petition - STV 04-01 - Reid, Portion of 16/17 ~4lley East of
"4 "Street:
Conznunity Development Manager Collins advised the Council that, after the close of
the public hearing on January 4, staffcontinued to meet with Mr. Reid and felt it was
ready to proceed with the vacation. He noted the two conditions being recommended
and offered clarification specific to Condition No. 1. The only access to the site is
through 170` Street on the south side of the property, and the Real Estate Committee
directed the Public Works Director to work with Mr. Reid to see if access could be
changed to "A" Street. It is recognized that, although "A" Street has not been
rededicated, the access to the site would occur through either 170` Street or "A' Street,
which must be approved by Public Works in the design. Mr. Collins believed
agreement was reached to vacate 170` Street and rededicate "A' Street, but those
actions must come before the Council in a separate meeting. He added that, if
Condition No. 1 were to be eliminated, then the only access would be from 170` Street.
Assistant Planner Roberds provided clarification regarding the actual number of
findings being brought before the Council; there are fourteen findings to be considered.
Discussion ensued with regard to the fact that access through 170` Street must be
allowed until the time"A" Street is rededicated, and Councilmember Williams clarified
that the Real Estate Committee didn't want access from 17th Street to the Track Route.
Further, if this isn't approved, then there is no way for the applicant to have ingress and
egress until the time "A" Street is rededicated. Mr. Collins felt there is no difficulty
anticipated in rededicaimg "A" Street from Lauridsen to 170` Street. Councilmember
Williams inquired as to what public process must be followed in such a rededication,
and Mr. Collins responded it is just an action of the Council. Attorney Bloor advised
the Council that, if so desired, it could authorize the Director of Public Works or the
City Manager to sign the appropriate papers to rededicate that portion of"A" Street,
after which the documents must be appropriately recorded. Therefore,
Councilmember Williams moved to authorize the Director of Public Works or the
City Manager to sign the appropriate papers to rededicate that portion of "A"
Street from Lauridsen Boulevard to 17th Street. The motion was seconded by
Couneilmember Rogers and carried unanimously.
Discussion followed as to the language included in Condition No. 1, and the Council
observed that the portion, %.. 170` Street to the Tumwater Track Route..." could now be
deleted by virtue of the motion just passed. Mayor Headrick then read the Ordinance
by title, entitled
45
-5-
CITY COUNCIL MEETING
January 18, 2005
ORDINANCES NOT
REQUIRING PUBLIC
HEARINGS:
(Cont'd)
Street Vacation Petition
Reid, Portion of 16/17
Alley East of"A" Street
Ordinance No. 3183
(Cont'd)
Update of Disabled
Persons Parking
Ordinance No. 3184
OTHER
CONSIDERATIONS:
Letter to FAA re.
Locator Beacons
Letter re. Purveyor of
Utilities in Western UGA
ORDINANCE NO. 3183
AN ORDINANCE of the City of Port Angeles, Washington, vacating
a portion of the 16/17 alley west of Tumwater Track Route in Port
Angeles, Clallam County, Washington.
Councilmember Williams moved to adopt the Ordinance as read by title, citing
Conditions 1 - 2, with the correction to Condition No. I as recorded above;
Findings I - 14; and Conclusions A - E; as set forth in Exhibit A", which is
attached to and becomes a part of these minutes. The motion was seconded by
Counellmember Braun and carried unanimously.
2. Update of Disabled Persons Parking:
Attomey Bloor advised the Council that, based on input from Peter Ripley at the
previous meeting, further research was conducted on language included in the proposed
Ordinance specifically relating to the terminology of "handicapped" as opposed to
"disabled". The State recently changed its statute to use the word "disabled", so the
Ordinance now incorporates "disabled" throughout. Attorney Bloor further indicated
that the purpose of the Ordinance is to increase the penalty for Disabled Parking
violations from $175 to $250.
Couneilmember Fittis moved to adopt the Ordinance as presented, the title of
which is as follows:
ORDINANCE NO. 3184
AN ORDINANCE of the City of Port Angeles, Wastfmgton, relating
to parking for disabled persons.
Councilmember Rogers seconded the motion, which carried unanimously.
Councilmember Williams thanked Mr. Ripley for bringing this matter to the Council's
attention.
1. Letter to FAA re. Locator Beacons:
Having requested consideration of this matter, Councilmember Williams cYtrected the
Council's attention to a newspaper article that appeared in today's Peninsula Daily
News regarding the failure of one of the locator beacons for the William R. Fairchild
International Airport during the recent snowstorm. This down time resulted in the
cancellation of twelve flights. Councilmember Williams indicated the locator beacons
are currently fLxed manually, but the Federal Aviation Admiinsttation has equipment
that can remotely do a reset. He felt it would be appropriate for the City to send a letter
to the FAA urging them to resolve the situation, and he suggested that the writing of
such a letter be coordinated with JeffRobb at the Port. Agreeing that an airline link to
the City is extremely important, Couneilmember Rogers moved to have the City
Manager draft a letter for the Mayor's signature regarding the Iocator beacons.
Councilmember Williams seconded the motion, which carried unanimously.
2. Letter re. Purveyor of Utilities in Western UGA :
Manager Quiun referenced a series of meetings held with representatives of the Alder
Mill, and one of the issues identified had to do with the Mill's need to submit a building
permit application to the County. As part of the application process, the Mill must
designate who will be providing utilities to the site. At this time, the City is the only
entity capable of providing sewer, and either the City or Dry Creek could provide
water, but the City is authorized to provide that service in the UGA. In terms of
electricity, the City or the P.U.D. could be the providers, but the City has the capability
46
-6-
OTHER
CONSIDERATIONS:
(Cont'd)
Letter re. Purveyor of
Utilities in Western UGA
(Cont'd)
PUBLIC HEARINGS -
OTHER:
PUBLIC HEARINGS -
QUASI JUDICIAL:
INFORMATION:
EXECUTIVE
SESSION:
RETURN TO OPEN
SESSION:
ADJOURNMENT:
CITY COUNCIL MEETING
January 18, 2005
once an area is annexed. An annexation petition is currently being circulated and will
be addressed by the Council at a future date.
Therefore, at this time, it is recommended that the City provide the Mill with a letter
indicating its willingness to be thc purveyor of water and sewer for P. A. Hardwood.
Councilmember Rogers indicated the Community & Economic Development
Committee was in agreement, and Manager Quinn clarified that the City would be the
water purveyor in that Dry Creek cannot provide sufficient fire flow. Water and sewer
is necessary for P. A. Hardwood to proceed with its permitting application. Brief
discussion ensued on how this may impact discussions on cost sharing, and Manager
Quinn felt it wouldn't impact a cost-sharing agreement. Councilmember Williams
moved to provide a letter to P. A. Hardwood indicating the City's willingness to
be the purveyor of water and sewer services. Councilmember Braun seconded the
motion, which carried unanimously.
None.
None.
Manager Quinn referenced the year-end report on the status of projects, noting about
62% of the projects were completed. About 38% of the projects were held over to this
year. He felt it was an ambitious project list, and Councilmember Pittis felt it would
be appropriate for the Council to review and prioritize staffs project work list for this
year. Brief discussion followed.
Based on input from Attorney Bloor, Mayor Headdck announced the need for an
Executive Session for one hours for an item under the authority of RCW 42.30.110(i),
to discuss with Legal Counsel matters relating to agency litigation or potential
litigation; an item under the authority of RCW 42.30.110(c), to consider the possible
purchase of real estate; and an item under the authority of RCW 42.30.110(g), to
consider an employee evaluation. It was anticipated there would be no action taken.
The Executive Session convened at 8:10, and at approximately 9:10 p.m., the Session
was extended to 9:50 p.m. by announcement of the Mayor.
The Executive Session concluded at 9:50 p.m., and the Council reconvened in regular
open session.
The meeting was adjourned at 9:50 p.m.
Richard A. Headdck, Mayor
Becky J. Upton, City Clerk
Date: 1/24/05
City of Port Angeles
City Council Expenditure Report
From: I/8/05 To: 1/21/05
Vendor
AQUATIC ACCESS INC
CARTEGRAPH SYSTEMS INC
CLALLAM CNTY TREASURER
COOKE CO, J P
HMIS CEMETERY SO--ARE
JPMORGANCHASE
J. Strauss
Monica Graves
NEW WORLD SYSTEMS
POSTER COMPLIANCE CENTER
WA STATE PATROL - WASIS
WASHINGTON STATE TREASURER
JPMORGANCHASE
Legislative
JPMORGANCHASE
OLYMPIC REGION CLEAN AIR AGCY
OLYMPIC STATIONERS INC
PACIFIC OFFICE EQUIPMENT INC
TELECOM LABS INC
WASHINGTON (DIS), STATE OF
City Manager Department
PUD #1 OF CLALLAM COUNTY
City Manager Department
COSTCO CREDIT CARD PMTS
TELECOM LABS INC
WASHINGTON (DIS), STATE OF
Description
PUMPS & ACCESSORIES
SUPPLIES
CVCA remittance-Dec
Pet tags
Account Number
001-0000-237.00-00
001-0000-237.00-00
001-0000-229.40-00
001-0000-237.00-00
COMPUTER SOFTWARE FOR MIC 001-0000-237.00-00
Radio Batteries
Table
Cash register rolls
Renew Money magazine
Trolley
Foot rest,printer stand
DEP RFD CLUBHOUSE
DEP RFD VBMCC 12/18/04
Conviction Data Report
7.0 Upgrade
State and Federal posters
Criminal history-Mills
Crim history-Breitbach
Criminal history-Greeley
Criminal history-Hoyle
Criminal history-Maynard
Criminal history-Phegley
Criminal history-Sockman
District Ct Revenue-Dec
District Ct Revenue-Dec
Business meal
Mayor & Council
Legislative
Travel
2005 Assessment
OFFICE SUPPLIES
Maintenance-January
Maintenance-February
Scan chgs-December
City Manager Office
Meter Reading Training
Customer Commitment
Computer monitor
Maintenance-February
Scan chgs~December
4g
Invoice Amount
-4.40
-66.40
263.16
-8.95
-40.67
001-0000-237.00-00 -34.69
001-0000-237.00-00 -18.09
001-0000-237.00-00 -35.82
001-0000-237.00-00 -2.07
001-0000-237.00-00 -25.13
001-0000-237.00-00 -10.14
001-0000-239.10-00 50.00
001-0000-239.10-00 50.00
001-0000-237.00-00 -41.50
001-0000-237.00-00 -83.00
001-0000-237.00-00 -20.28
001-0000-229.50-00 25.00
001-0000-229.50-00 24.00
001-0000-229.50-00 24.00
001-0000-229.50-00 24.00
001-0000-229.50-00 24.00
001-0000-229.50-00 24.00
001-0000-229.50-00 24.00
001-0000-229.10-00 153.00
001-0000-229.30-00 11,532.29
Division Total: $11,826.31
Department Total: $11,826.31
001-1160-511.43-10 16.30
Division Total: $16.30
Department Total: $16.30
001-1210-513.43-10 1,258.11
001-1210-513.49-10 6,930.00
001-1210-513.31-01 33.88
001-1210-513.48-10 32.49
001-1210-513.42-10 31.12
001-1210-513.42-10 45.40
Division Total: $8,331.00
001-1211-513.43-10 1,092.00
Division Total: $1,092.00
001-1220-516.31-60 465.68
001-1220-516.42-10 31.12
001-1220-516.42-10 10.28
Page 1
Date: 1/24/05
City of Port Angeles
City Council Expenditure Report
From: 1/8/05
To: 1/21/05
Vendor
City Manager Department
COSTCO CREDIT CARD PMTS
PENINSULA DAILY NEWS
TELECOM LABS INC
WASHINGTON (DIS), STATE OF
City Manager Department
JPMORGANCHASE
OLYMPIC STATIONERS INC
PACIFIC OFFICE FURNITURE
PORT ANGELES CITY TREASURER
TELECOM LABS INC
VIKING OFFICE PRODUCTS
WASHINGTON (DIS). STATE OF
Finance Department
COSTCO CREDIT CARD PMTS
MICROFLEX INC
OLYMPIC STATIONERS INC
PACIFIC OFFICE EQUIPMENT INC
TELECOM LABS INC
UNITED PARCEL SERVICE
VIKING OFFICE PRODUCTS
WASHINGTON (DIS), STATE OF
Finance Department
ANGELES MILLWORK & LUMBER CO
COSTCO CREDIT CARD PMTS
DATABAR INCORPORATED
JPMORGANCHASE
OLYMPIC STATIONERS INC
PACIFIC OFFICE EQUIPMENT INC
Description
Human Resources
Computer monitor
Vendor lists
Ord 3178-Budgets
Ord 3182-A/R Collections
Maintenance-February
Scan chgs-December
City Clerk
City Manager Department
Ferry tickets
Renew Money magazine
Office supplies
OFFICE CHAIR
DESK
Chair
Business lunch-YZ
Maintenance-February
Office supplies
Scan chgs-December
Finance Administration
Computer monitors
2005 TAXTOOL REPORT
DESK ORGANIZER
CALENDAR AND COPY PAPER
TONER CARTRIDGE
Maintenance-February
Shipping chgs-December
Form 1099's,envelopes
Office supplies
Scan chgs-December
Accounting
FRONT COUNTER ADDITION
Laminate
Computer monitor
1977 Final statements
Cycles 1-5
Cycles 6-10
Cash register roils
MONITOR STAND, COPY PAPER
COPY PAPER
Office supplies
CASH REGISTER RIBBONS
5O
Account Number Invoice Amount
Division Total: $507.08
001-1230-514.31-60 465.68
001-1230-514.44-10 21.60
001-1230-514.44-10 23.40
001-1230-514.44-10 20.70
001-1230-514.42-10 15.56
001-1230-514.42-10 6.41
Division Total: $553.35
Department Total: $10,483.43
001-2010-514.43-10 160.00
001-2010-514.49-01 27.02
001-2010-514.31-01 243.99
001-2010-514.31-01 319.49
001-2010-514.31-01 164.62
001-2010-514.31-01 319.49
001-2010-514.31-01 10.00
001-2010-514.42-10 31.12
001-2010-514.31-01 43.31
001-2010-514.42-10 13.78
Division Total: $1,332.82
001-2023-514.31-60 931.36
001-2023-514.41-50 1,200.00
001-2023-514.31-01 38.97
001-2023-514.31-01 8.02
001-2023-514.31-01 107.21
001-2023-514.42-10 38.89
001-2023-514.42-10 192.34
001-2023-514.31-01 97.13
001-2023-514.31-01 112.92
001-2023-514.42-10 8.31
Division Total: $2,735.'15
001-2025-514.48-10 35.91
001-2025-514.48-10 69.59
001-2025-514.31-60 465.68
001-2025-514,41-50 1,161.53
001-2025-514.41-50 1,591.00
001-2025-514.41-50 1,995.22
001-2025-514.31-01 467.32
001-2025-5t4.31-01 201.44
001-2025-514.31-01 43.86
001-2025-514.31-01 401.04
001-2025-514.31-01 32.49
Page 2
Date: 1/24/05
City of Port Angeles
City Council Expenditure Report
From: I/8/05 To: 1/21/05
Vendor
PACIFIC OFFICE EQUIPMENT INC...
PENINSULA DAILY NEWS
PORT ANGELES CITY TREASURER
SUNSET DO-IT BEST HARDWARE
TELECOM LABS INC
VERIZON WIRELESS
WASHINGTON (DIS), STATE OF
Finance Department
AMSAN OLYMPIC SUPPLY
DIVERSIFIED RESOURCES
OLYMPIC STATIONERS INC
PACIFIC OFFICE EQUIPMENT INC
PORT ANGELES CITY TREASURER
RESERVE ACCOUNT
UNITED PARCEL SERVICE
VIKING OFFICE PRODUCTS
XEROX CORPORATION
Finance Department
COSTCO CREDIT CARD PMTS
GREAT AMERICAN LEASING CORP
JPMORGANCHASE
KNUTSON, CRAIG D
OLYMPIC STATIONERS INC
PORT ANGELES CITY TREASURER
TELECOM LABS INC
UNITED PARCEL SERVICE
WASHINGTON (DIS), STATE OF
WEST GROUP
Attorney
CITY OF FORKS
Attorney
COSTCO CREDIT CARD PMTS
GREAT AMERICAN LEASING CORP
MA'I-rHEW BENDER & CO INC
OLYMPIC STATIONERS INC
Description
TONER CARTRIDGE
Click to Gov ads
Safety glasses-truck
Laminate
Credit laminate
Maintenance-February
01-09 a/c 47024274400001
Scan chgs-December
Customer Service
Copy paper
Copy center svcs-Dec
COPY PAPER
COPY PAPER
COPY PAPER
COPY PAPER
Office supplies
SHREDDER REPAIR
Reimb postage-copy ctr
POSTAGE METER
Shipping chgs-December
Office supplies
Copier lease-December
Copier lease-December
Reprographics
Finance Department
Computer monitor
JAN COPIER LEASE
Foot rest,printer stand
Prof svcs pe 12-31-04
COPY PAPER
Business lunch-Bloor
Maintenance-February
Shipping chgs-December
Scan chgs-December
Information chgs-Dec
Attorney Office
Inmate care-December
Jail Contributions
Computer monitor
JAN COPIER LEASE
WA Criminal Practice
COPY PAPER
51
Account Number Invoice Amount
001-2025-514.31-01 107.20
001-2025-514.44-10 584.16
001-2025-514.31-80 10.07
001-2025-514.48-10 69.59
001-2025-514.48-10 -69.59
001-2025-514.42-10 93.35
001-2025-514.42-10 34.74
001-2025-514.42-10 11.09
Division Total: $7,305.69
001-2080-514.31-01 394.21
001-2080-514.41-50 814.00
001-2080-514.31-01 162.45
001-2080-514.31-01 438.62
001-2080-514.31-01 438.62
001-2080-514.31-01 1,842.20
001-2080-514.31-01 447.97
001-2080-514.48-10 105.59
001-2080-514.42-10 2.80
001-2080-514.42-10 10,000.00
001-2080-514.42-10 32.00
001-2080-514.31-01 78.76
001-2080-514.45-30 653.39
001-2080-514.45-30 2,606.20
Division Total: $18,016.81
Department Total: $29,390.47
001-3010-515.31-60 465.68
001-3010-515.45-30 138.92
001-3010-515.31-01 132.29
001-3010-515.41-50 450.00
001-3010-515.31-01 131.58
001-3010-515.31-01 10.00
001-3010-515.42-10 38.89
001-3010-515.42-10 4.96
001-3010-515.42-10 30.69
001-3010-515.31-01 240.40
Division Totah $1,643.41
001-3012-598.51-23 4,430.00
Division Total: $4,430.00
001-3021-515.31-60 465.68
001-3021-515.45-30 138.93
001-3021-515.31-01 260.25
001-3021-515.31-01 131.58
Page 3
Date: 1/24/05
City of Port Angeles
City Council Expenditure Report
From: 1/8/05 To: 1/21/05
Vendor
TELECOM LABS INC
WASHINGTON (DIS), STATE OF
WEST GROUP
Attorney
COSTCO CREDIT CARD PMTS
JPMORGANCHASE
OLYMPIC STATIONERS INC
PENINSULA DAtLY NEWS
TELECOM LABS INC
WASHINGTON (DIS), STATE OF
Community Developmt Dept
GREAT AMERICAN LEASING CORP
PACIFIC OFFICE FURNITURE
Community Developmt Dept
CAPACITY PROVISIONING INC
OLYMPIC STATIONERS ~NC
PACIFIC OFFICE EQUIPMENT INC
SWAIN'S GENERAL STORE INC
TELECOM LABS INC
WA ASSN OF SHERIFFS & POLICE
WASHINGTON (DIS), STATE OF
Police Department
ERIC KOVATCH
OLYMPIC STATIONERS INC
PORT ANGELES POLICE DEPARTMENT
RADIOSHACK
SWAIN'S GENERAL STORE
TELECOM LABS INC
WASHINGTON (DIS), STATE OF
WESTERN STATES HOSTAGE
WVClA-WA VIOLENT CRM INV ASSN
Police Department
AMSAN OLYMPIC SUPPLY
ANGELES CLINIC FOR ANIMALS
Description
Maintenance-February
Scan chgs-December
Information chgs-Dec
Prosecution
Attorney
Computer monitor
Calendar refill
Business meals,parking
OFFICE SUPPLIES, GENERAL
OFFICE SUPPLY,INKS,LEADS
Ord 3179,3180,3181
North Oly Bldrs Notice
Maintenance-February
Account Number
001-3021-515.42-10
001-3021-515.42-10
001-3021-515.31-01
Division Total:
Department Total:
001-4010-558.31-60
001-4010-558.31-01
001-4010-558.43-10
001-4010-558.31-01
001-4010-558.31-01
001-4010-558.44-10
001-4010-558.44-10
001-4010-558.42-10
COMPUTERS,DP & WORD PROC. 001-4010-558.31-60
Scan chgs-December
Planning
JAN COPIER LEASE
USED FILE CABINET
Building
Community Developmt Dept
INET Svcs Jan-City Hall
Labels
Maintenance-January
Candy canes
Maintenance-February
DUES 05 GALLAGHER
ACTIVE DUES 2005-RIEPE
Scan chgs-December
Administration
JKT E KOVATCH CLOTH ALLOW
Office supplies
Petty cash reimbursements
Headphone
Video tape
Tarps,rope,tent stakes
Maintenance-February
Scan chgs-December
2005 DUES-LOWELL
REGISTRATION-LOWELL
Investigation
Truck brush
Emergency visit-Kilo
001-4010-558.42-10
Division Total:
001-4020-524.45-30
001-4020-524.31-01
Division Torah
Department Torah
001-5010-521.42-12
001-5010-521.31-01
001-5010-521.48-10
001-5010-521.31-01
001-5010-521.42-10
001-5010-521.43-10
001-5010-521.43-10
00%5010-521.42-10
Division Totah
001-5021-521.31-11
001-5021-521.31-01
001-5021-521.31-01
001-5021-521.31-60
001-5021-521.31-01
001-5021-521.31-01
001-5021-521.42-10
001-5021-521.42-10
001-5021-521.43-10
001-5021-521.43-10
Division Totah
001-5022-521~31-01
001-5022-521.49-80
Invoice Amount
15.56
5.73
240.39
$1,258.12
$7,331.53
465.68
34.64
36.90
43.13
22.73
70.20
56.70
31.12
722.47
22.97
$1,506.54
173.02
128.88
$301.90
$1,808.44
172.00
2.96
32.49
7.30
54.45
75.00
305.00
43.65
$692.85
81.08
22.92
8.64
17.32
22.86
79.28
7.78
66.77
25.00
395.00
$726.65
23.76
144.65
Page 4
Date: 1/24/05
City of Port Angeles
City Council Expenditure Report
From: 1/8/05 To: 1/21/05
Vendor
BLUMENTHAL UNIFORMS & EQUIP
GALLS INCORPORATED
JASON VIADA
OLYMPIC STATIONERS INC
PORT ANGELES POLICE DEPARTMENT
SECOND CHANCE BODY ARMOR INC
Police Department
BLUMENTHAL UNIFORMS & EQUIP
PACIFIC OFFICE EQUIPMENT INC
PORT ANGELES POLICE DEPARTMENT
Police Department
OLYMPIC PRINTERS INC
OLYMPIC STATIONERS INC
PACIFIC OFFICE EQUIPMENT INC
PORT ANGELES POLICE DEPARTMENT
TELECOM LABS INC
WASHINGTON (DIS), STATE OF
Police Department
CLALLAM CNTY HUMANE SOCIETY
COOKE CO, J P
Police Department
AT&T WIRELESS
CAPACITY PROVISIONING INC
COSTCO CREDIT CARD PMTS
GREAT AMERICAN LEASING CORP
JPMORGANCHASE
OLYMPIC PRINTERS INC
OLYMPIC STATIONERS INC
PACIFIC OFFICE EQUIPMENT INC
Description
Uniforms-Thomas
Uniforms-Stratford
Credit traffic vests
Uniforms-Baertschiger
Drug tests
Clothing-McFall
Clothing-McFall
Patches
Binders
Folders
Folders
Petty cash reimbursements
Petty cash reimbursements
Body armor
Body armor
Patrol
Reserve jackets
Maintenance-January
Petty cash reimbursements
Petty cash reimbursements
Reserves & Volunteers
Paper
Office supplies
Index paper
COPY PAPER
Maintenance-January
Petty cash reimbursements
Maintenance~February
Scan chgs-December
Records
Contract pmt-December
Pet tags
Animal Control
Police Department
01-02 a/c 04746898102
INET Svcs Jan-Fire Stn
Office supplies
JAN COPIER LEASE
Grant Writing Workshop
LETTERHEAD
SUPPLIES
LIBRARY SERVICES(EXCL 908
53
Account Number Invoice Amount
001-5022-521.20-80 98.95
001-5022-521.20-80 59.35
001-5022-521.20-80 -67.40
001-5022-521.20-80 77.19
001-5022-521.31-01 150.14
001-5022-521.20-80 65.18
001-5022-521.20-80 104.80
001-5022-521.31-01 80.00
001-5022-521.31-01 22.58
001-5022-521.31-01 9.03
001-5022-521.31-01 5.88
001-5022-521.31-01 109.73
001-5022-521.42-10 67.22
001-5022-521.31-11 672.11
001-5022-521.31-11 160.29
Division Totah $1,783.46
001-5026-521.31-01 145.14
001-5026-521.48-10 167.97
001-5026-521.31-01 25.00
001-6026-521.43-10 10.00
Division Totah $348.11
001-5029-521.31-01 61.41
001-5029-521.31-01 35.48
001-5029-521.31-01 11.70
001-5029-521.31-01 131.58
001-5029-521.48-10 108.30
001-5029-521.31-01 22.50
001-5029-521.42-10 38.89
001-5029-521.42-10 9.47
Division Total: $419.33
001-5090-521.41 -50 3,855.66
001-5090-521.48-10 116.75
Division Totah $3,972.41
Department Total: $7,942.81
001-6010-522.42-10 235.55
001-6010-522.42-12 172.00
001-6010~522.31-01 108.07
001-6010-522.45-30 212.83
001-6010-522.43-10 390.00
001-6010-522.31-01 102.67
001-6010-522.31-01 19.89
001-6010-522.31-01 7.58
Page 5
Date: 1/24105
City of Port Angeles
City Council Expenditure Report
From: 1/8/05 To: 1/21/05
Vendor
SWAIN'S GENERAL STORE INC
TELECOM LABS INC
WASHINGTON (DIS), STATE OF
Fire Department
COSTCO CREDIT CARD PMTS
JPMORGANCHASE
SUNSET DO-IT BEST HARDWARE
SWAIN'S GENERAL STORE INC
TELECOM LABS INC
Fire Department
AT&T WIRELESS
JPMORGANCHASE
Fire Department
AT&T WIRELESS
BLUMENTHAL UNIFORMS & EQUIP
Mark Kar~alainen
SWAIN'S GENERAL STORE INC
SYSTEMS DESIGN
TELECOM LASS INC
WASHINGTON (DIS), STATE OF
Fire D*partment
AT&T WIRELESS
COSTCO CREDIT CARD PMTS
JPMORGANCHASE
OLYMPIC PRINTERS INC
TELECOM LABS INC
Fire Department
AT&T WIRELESS
COSTCO CREDIT CARD PMTS
JPMORGANCHASE
SWAIN'S GENERAL STORE INC
Fire Department
COSTCO CREDIT CARD PMTS
JPMORGANCHASE
SWAIN'S GENERAL STORE INC
Fire Department
GLOBALSTAR USA
Fire Department
Description
NURSERY STOCK & SUPPLIES
Maintenance-February
Scan chgs-December
Administration
Batteries
Radio Batteries
MACHINERY & HEAVY HRDWARE 001-6020-522.31-01
SHOES AND BOOTS
ELECTRICAL CABLES & WIRES
ELECTRONIC COMPONENTS
Maintenance-February
Fire Supression
01-02 a/c 04743736255
Meeting meal
Fire Volunteers
01-02 a/c 04747951801
SALE SURPLUS/OBSOLETE
REIMB CLOTHING ALLOWANCE
HARDWARE,AND ALLIED ITEMS
FINANCIAL SERVICES
Maintenance-February
Scan chgs-December
Medic I
01-02 a/c 04745598455
Office supplies
Business meals
Inspection notices
Maintenance-February
Fire Prevention
01-02 a/c 047190061
Office supplies
Various supplies
MARKERS, PLAQUES,SIGNS
OFFICE SUPPLIES, GENERAL
Fire Training
Supplies
Station bedding
APPLIANCES, HOUSEHOLD
ENGINGEERING SERVICES
SALE SURPLUS/OBSOLETE
Facilities Maintenance
12-16 A/C 1.10012919
Emergency Management
54
Account Number Invoice Amount
001-6010-522.31-01 17.19
001-6010-522.42-10 38.89
001-6010-522.42-10 12.20
Division Total: $1,316.87
001-6020-522.31-01 109.39
001-6020-522.31-14 452.59
4.33
001-6020-522.20-80 64.84
001-6020-522.31-01 11.63
001-6020-522.31-01 7.08
001-6020-522.42-10 23.34
Division Total: $673.20
001-6021-522.42-10 8.00
001-6021-522.31-01 43.23
Division Total: $51.23
001-6025-526.42-10 31.76
001-6025-526.20-80 77.14
001-6025-526.20-80 165.44
001-6025-526.20-80 32.38
001-6025-526.41-50 2,371.30
001-6025-526.42-10 7.78
001-6025-526.42-10 12.54
Division Total: $2,698.34
001-6030-522.42-10 13.80
001-6030-522.31-01 27.06
001-6030-522.43-10 63.50
001-6030-522.31-01 329.75
001-6030-522.42-10 7.78
Division Total: $441.89
001-6040-522.42-10 7.85
001-6040-522.31-01 17.31
001-6040-522.31-01 184.52
001-6040-522.31-01 21.71
001-6040-522.31-01 12.43
Division Total: $243.82
001-6050-522.31-20 180.17
001-6050-522.31-20 1,373.02
001-6050-522.31-20 18.38
001-6050-522.31-20 2.02
001-6050-522.31-20 90.48
Division Total: $1,664.07
001-6060-525.42-10 39.91
Division Total: $39.91
Page 6
City of Port Angeles
City Council Expenditure Report
From: I/8/05 To: 1/21/05
Da~:1~4~5
Vendor
AT&T WIRELESS
AT&T WIRELESS (DIGITAL)
CARTEGRAPH SYSTEMS INC
GREAT AMERICAN LEASING CORP
OLYMPIC STATIONERS INC
PACIFIC OFFICE EQUIPMENT INC
PORT ANGELES CITY TREASURER
QWEST
TELECOM LABS INC
UTILITIES UNDERGROUND LOC CTR
WASHINGTON (DIS), STATE OF
WASHINGTON (OMWBE), STATE OF
XEROX CORPORATION
Public Works-Gen Fnd
AT&T WIRELESS (DIGITAL)
CAPACITY PROVISIONING INC
PACIFIC OFFICE EQUIPMENT INC
PORT ANGELES CITY TREASURER
TELECOM LABS INC
WASHINGTON (DIS), STATE OF
Parks & Recreation
DAKTRONICS INC
TELECOM LABS INC
WASHINGTON (DIS), STATE OF
Parks & Recreation
CAPACITY PROVISIONING INC
GREAT AMERICAN LEASING CORP
TELECOM LABS
WASHINGTON (DIS), STATE OF
Parks & Recreation
AMSAN OLYMPIC SUPPLY
CAPACITY PROVISIONING INC
PORT ANGELES CITY TREASURER
TELECOM LABS INC
VIKING OFFICE PRODUCTS
Description
Fire Department
12-27 a/c 04748966287
12-24 a/c 0057007521
SUPPLIES
JAN COPIER LEASE
OFFICE SUPPLIES
OFFICE SUPPLIES
OFFICE SUPPLIES
COPY PAPER
OFFICE SUPPLIES
COPY PAPER
TYPEWRITER MAINTENANCE
Postage-Sperr
01-05 a/c 3604520140945B
Maintenance-February
December locates
Scan chgs-December
Political Subdivisions
Copier lease-December
Administration
Public Works-Gen Fnd
12-24 a/c 0048944061
INET Svcs Jan-Fine Arts
FAX REPAIR
Office supplies-Marl
Maintenance-February
Scan chgs-December
Administration
Scoreboard maint pe 04-05
Maintenance-February
Scan chgs-December
Recreation
INET Svcs Jan-Senior Ctr
JAN COPIER LEASE
Maintenance-February
Scan chgs-December
Senior Center
Copy paper
INET Svcs Jan-Wm Shore
Hole punch-Oliver
Maintenance-February
Receipt books
55
Account Number Invoice Amount
Depa~mentTotal: $7,t29.33
001-7010-532.42-10 19.45
001-7010-532.42-10 42.65
001-7010-532.45-30 866.40
001-7010-532.45-30 64.96
001-7010-532.31-01 10.43
001-7010-532.31-01 43.71
001-7010-532.31-01 68.08
001-7010-532.31-01 43.86
001-7010-532.31-01 14.95
001-7010-532.31-01 438.63
001-7010-532.31-01 70.40
001-7010-532.42-10 9.76
001-7010-532.42-10 40.84
001-7010-532.42-10 217.78
001-7010-532.41-50 37.40
001-7010-532.42-10 97.79
001-7010-532.49-01 25.00
001-7010-532.45-30 1,211.45
Division Totah $3,323.54
Department Total: $3,323.54
001-8010-574.42-10 24.28
001-8010-574.42-12 172.00
001-8010-574.45-30 75.81
001-8010-574.31-01 28.66
001-8010-574.42-10 23.34
001-8010-574.42-10 15.26
Division Totah $339.35
001-8011-574.41-50 1,567.65
001-8011-574.42-10 15.56
001-8011-574.42-10 11.19
Division Totah $t,594.40
001-8012-555.42-12 172.00
001-8012-555.45-30 171.40
001-8012-555.42-10 23.34
001-8012-555.42-10 0.24
Division Totah $366.98
001-8020-576.31-01 179.78
001-8020-576.42-12 172.00
001-8020-576.31-01 9.98
001-8020-576.42-10 7.78
001-8020-576.31-01 97.36
Page 7
Date: 1/24/05
City of Port Angeles
City Council Expenditure Report
From: 1/8/05 To: 1/21/05
Vendor
Parks & Recreation
ANGELES MILLWORK & LUMBER CO
BLAKE SAND & GRAVEL INC
CAPACITY PROVISIONING INC
HMIS CEMETERY SOFTVVARE
PENINSULA DAILY NEWS
SUNSET DO-IT BEST HARDWARE
SWAIN'S GENERAL STORE INC
TELECOM LABS INC
WASHINGTON (DIS), STATE OF
XEROX CORPORATION
Parks & Recreation
AMSAN OLYMPIC SUPPLY
ANGELES MACHINE WORKS INC
ANGELES MILLWORK & LUMBER CO
AQUATIC ACCESS INC
AT&TWIRELESS
BAXTER AUTO PARTS #15
Description Account Number
William Shore Pool Division Total'.
LUMBER& RELATED PRODUCTS 001-8050-536.31-20
ROAD/HWY MAT NONASPHALTIC 001-8050-536.31-20
INET Svcs Jan-Cemetery 001-8050-536.42-12
COMPUTER SOFTWARE FOR MIC 001-8050-536.41-50
COMMUNICATIONS/MEDIA SERV 001-8050-536.44-10
RENTAL/LEASE EQUIPMENT
RENTAL/LEASE EQUIPMENT
HARDWARE,AND ALLIED ITEMS
HARDWARE,AND ALLIED ITEMS
RENTAL/LEASE EQUIPMENT
001-8050-536.31-01
001-8050-536.31-01
001-8050-536.31-20
001-8050-536.31-20
001-8050-536.34-01
HAND TOOLS ,POW&NON POWEF001-8050-536.31-20
Maintenance-February
Scan chgs-December
RENTAL/LEASE EQUIPMENT
Ocean View Cemetery
CHEMICAL, COMMERCIAL,BULK
001-8050-536.42-10
001-8050-536.42-10
001-8050-536.45-30
DivisionTotah
001-8080-576.31-20
WATER&SEWER TREATING CHEM;)01-8080-576.31-20
CHEMICAL, COMMERCIAL,BULK 001-8080-576.31-20
WATER&SEWER TREATING CHEbO01-8080-576.31-20
WATER&SEWER TREATING CHEbg01-8080-576.31-20
JANITORIAL SUPPLIES 001-8080-576.31-20
CHEMICAL, COMMERCIAL,BULK 001-8080-576.31-20
WATER&SEWER TREATING CHEk,901-8080-576.31-20
Dispenser
METALS,BARS,PLATES,RODS
LUMBER& RELATED PRODUCTS
HARDWARE,AND ALLIED ITEMS
HARDWARE,AND ALLIED ITEMS
HARDWARE,AND ALLIED ITEMS
BUILDER'S SUPPLIES
HARDWARE,AND ALLIED ITEMS
BUILDER'S SUPPLIES
FASTENERS, FASTENING DEVS
LUMBER& RELATED PRODUCTS
HARDWARE,AND ALLIED ITEMS
AUTO & TRUCK MAINT. ITEMS
PUMPS & ACCESSORIES
01-02 a/c 04744704773
01-02 a/c 04746008926
LAWN MAINTENANCE EQUIP
ELECTRICAL EQUIP & SUPPLY
56
001-8080-576.31-20
001-8080-576.31-20
001-8080-576.31-20
001-8080-576.31-20
001-8080-576.31-20
001-8080-576.31-20
001-8080-576.31-20
001-8080-576.31-20
001-8080-576.31-20
001-8080-576.31-20
001-8080-576.31-20
001-8080-576.31-20
001-8080-576.31-20
001-8080-576.31-20
001-8080-576.42-10
001-8080-576.42-10
001-8080-576.31-20
001-8080-576.31-20
Invoice Amount
$466.90
153.79
18.95
172.00
530.67
127.30
11.37
11.37
158.64
82.73
11.37
22.68
7.78
5.47
68.19
$t,382.31
175.99
197.81
179.38
197.81
197.81
57.40
179.38
197.81
328.47
6.02
16.25
11.69
17.90
23.23
32.26
2.39
10.78
15.15
33.25
0.76
26.87
30.53
5.87
15.45
32,08
18.04
Page 8
Date: 1/24/05
City of Port Angeles
City Council Expenditure Report
From: 1/8/05
Vendor
BAXTERAUTOPARTS#15...
BLAKE SAND & GRAVEL tNC
CAPACITY PROVISIONING INC
COPY CAT GRAPHICS
GRAINGER
HARTNAGEL BUILDING SUPPLY INC
L & L TOOL SPECIALTIES
LINCOLN INDUSTRIAL CORP
MT PLEASANT COUNTRY SUPPLY
OLYMPIC SEWER & DRAIN CLEANING
OLYMPIC STATIONERS INC
PEN PRINT INC
PORT ANGELES POWER EQUIPMENT
QWEST
SEARS COMMERCIAL ONE
SUNSET DO-IT BEST HARDWARE
SWAIN'S GENERAL STORE INC
Description Account Number
HARDWARE,AND ALLIED iTEMS 001-8080-576.31-20
PAINTS,COATINGS,WALLPAPER 001-8080-576.31-20
HAND TOOLS ,POW&NON POWEF001-8080-576.31-20
BRICKS & CLAY PRODUCTS
ROAD/HWY MAT NONASPHALTIC
INET Svcs Jan-VBCC
INET Svcs Jan-Parks
INET Svcs Jan-Carnegie
HARDWARE,AND ALLIED ITEMS
PIPE FITTINGS
HARDWARE,AND ALLIED ITEMS
ELECTRONIC COMPONENTS
HARDWARE,AND ALLIED ITEMS
HARDWARE,AND ALLIED ITEMS
PW CONSTRUCTION & RELATED
OFFICE SUPPLIES, GENERAL
OFFICE SUPPLIES, GENERAL
OFFICE SUPPLIES, GENERAL
PRINTING,SILK SCR,TYPSET
LAWN MAINTENANCE EQUIP
12-20 a/c 206T813953623B
12-16 a/c 206T355724768B
HARDWARE,AND ALLIED ITEMS
RENTAL/LEASE EQUIPMENT
RENTAL/LEASE EQUIPMENT
RENTAL/LEASE EQUIPMENT
001-8080-576.31-20
001-8080-576.31-40
001-8080-576.42-12
001-8080-576.42-12
001-8080-576.42-12
001-8080-576.31-20
001-8080-576.31-20
001-8080-576.31-20
001-8080-576.48-10
001-8080-576.31-20
001-8080-576.31-20
001-8080-576.48-10
001-8080-576.31-01
001-8080-576.31-01
001-8080-576.31-01
001-8080-576.31-01
001-8080-576.31-20
001-8080-576.42-10
001-8080-576.42-10
001-8080-576.35-01
001-8080-576.31-01
001-8080-576.31-01
001-8080-576.31-01
FASTENERS, FASTENING DEVS 001-8080-576.31-20
HAND TOOLS ,POW&NON POWEF001-8080-576.31-20
HAND TOOLS ,POW&NON POWEF001-8080-578.31-20
HAND TOOLS ,POW&NON POWEF001-8080-576.31-20
FASTENERS, FASTENING DEVS 001-8080-576.31-20
HAND TOOLS ,POW&NON POWEF001-8080-576.31-20
PAINTS,COATINGS,WALLPAPER 001-8080-576.31-20
HARDWARE,AND ALLIED ITEMS
ELECTRICAL CABLES & WIRES
HARDWARE,AND ALLIED ITEMS
LAWN MAINTENANCE EQUIP
FASTENERS, FASTENING DEVS
HARDWARE,AND ALLIED ITEMS
HARDWARE,AND ALLIED ITEMS
HARDWARE,AND ALLIED ITEMS
HARDWARE,AND ALLIED ITEMS
57
001-8080-576.31-20
001-8080-576.31-20
001-8080-576.31-20
001-8080-576.31-20
001-8080-576.31-20
001-8080-576.31-20
001-8080-576.31-20
001-8080-576.31-20
001-8080-576.31-20
Invoice Amount
26.03
109.75
20.04
104.86
37.91
172.00
172.00
172.00
129.96
136.78
18.89
156.82
39.70
11.61
172.61
17.66
16.85
179.44
167.87
63.89
53.39
57.40
54.13
17.06
17.06
17.06
4.33
54.21
58.03
25.96
28.61
6.63
37.01
35.99
9.86
19.67
9.17
2.89
20.38
0.60
1.73
52.23
Page 9
Date: 1/24/05
City of Port Angeles
City Council Expenditure Report
From: I/8/05 To: 1/21/05
Vendor
SWAIN'S GENERAL STORE INC...
TAYLOR-SPARKS REFRIGERATION INC
TELECOM LABS iNC
THURMAN SUPPLY
THYSSENKRUPP ELEVATOR CORP
WASHINGTON (DIS), STATE OF
XEROX CORPORATION
Parks & Recreation
AMSAN OLYMPIC SUPPLY
CED/CONSOLIDATED ELEC DIST INC
ORKIN EXTERMINATING COMPANY INC
QWEST
SWAIN'S GENERAL STORE INC
XEROX CORPORATION
Parks & Rec-Maintenance
LAB SAFETY SUPPLY INC
USA BLUEBOOK
AIRPORT GARDEN CENTER
ANGELES MILLWORK & LUMBER CO
Description Account Number
ELECTRICAL EQUIP & SUPPLY 001-8080-576.31-20
PLUMBING EQUIP FIXT,SUPP 001-8080-576.31-20
HARDWARE,AND ALLIED ITEMS 001-8080-576.31-20
JANITORIAL SUPPLIES 001-8080-576.31-20
HAND TOOLS ,POW&NON POWEF001-8080-576.31-20
HARDWARE,AND ALLIED ITEMS 001-8080-576.31-20
JANITORIAL SUPPLIES
REFRIGERATION EQUIPMENT
Maintenance-February
PIPE FI'FrlNGS
December lease
BUILDING MAINT&REPAIR SER
Scan chgs-December
RENTAL/LEASE EQUIPMENT
Park Facilities
Parks & Recreation
JANITORIAL SUPPLIES
JANITORIAL SUPPLIES
JANITORIAL SUPPLIES
JANITORIAL SUPPLIES
JANITORIAL SUPPLIES
JANITORIAL SUPPLIES
001-8080-576.31-20
001-8080-576.48-10
001-8080-576.42-10
001-8080-576.31-20
001-8080-576.45-30
001-8080-576.45-30
001-8080-576.42-10
001-8080-576.45-30
Division Totah
Depa~ment Torah
001-8130-518.31-20
001-8130-518.31-20
001-8130-518.31-20
001-8130-518.31-20
001-8130-518.31-20
001-8130-518.31-20
MACHINERY & HEAVY HRDWARE 001-8130-518.31-20
Vacuum
Vacuum
ELECTRICAL EQUIP & SUPPLY
POISONS:AGRICUL & INDUSTR
01-02 a/c 3604175328784B
01-02 a/c 3604170786905B
HARDWARE,AND ALLIED ITEMS
HARDWARE,AND ALLIED ITEMS
RENTAL/LEASE EQUIPMENT
Custodial/Janitorial Svcs
Parks & Rec-Maintenance
General Fund
FIRST AID & SAFETY EQUIP.
HOSES, ALL KINDS
FEED,BE DDING,VIT-ANIMALS
FEED,BEDDING,VIT-ANIMALS
001-8130-518.31-20
001-8130-518.31-20
001-8130-518.31-20
001-8130-518.41-50
001-8130-518.42-10
001-8130-518.42-10
001-8130-518.31-20
001-8130-518.31-20
001-8130-518.45-30
Division Torah
Depa~ment Total:
Fund Totah
102-0000-237.00-00
102-0000-237.00-00
Division Total:
Depa~ment Total:
102-7230-542.31-20
102-7230-542.31-20
MACHINERY & HEAVY HRDWARE 102-7230-542.31-20
58
Invoice Amount
4.62
3.11
25.71
10.77
37.76
42.32
15.00
9,590.02
7.78
33.53
189.53
379.05
4.04
68.20
$14,931.89
$t9,081.83
-11.21
83.14
29.84
5.84
61.62
519.14
668.75
668.75
-668.75
51.03
57.40
39.97
0.13
18.47
11.82
68.19
$t,604.13
$t,604.t3
$99,938.t2
-15.73
-13.21
-$28.94
-$28.94
16.25
43.32
77.43
Page 10
City of Port Angeles
City Council Expenditure Report
From: I/8/05 To: 1/2'1/05
Date: 1/24/05
Vendor
ANGELES MILLWORK & LUMBER CO...
BLAKE SAND & GRAVEL INC
CAPACITY PROVISIONING INC
HARTNAGEL BUILDING SUPPLY INC
HERMANN BROS LOGGING & CONST
L & L TOOL SPECIALTIES
LAB SAFETY SUPPLY INC
LAKESIDE INDUSTRIES INC
MIDDLETON AUTO AND TRUCK INC
OLYMPIC STATIONERS INC
PACIFIC OFFICE FURNITURE
SANDERSON SAFETY SUPPLY CO
SHOTWELL CORP, JONATHAN
SUNSET DO-IT BEST HARDWARE
Description
SUPPLIES
FIRST AID & SAFETY EQUIP.
LAUNDRY TEXTILES& SUPPLIS
SUPPLIES
Account Number
102-7230-542.31-20
102-7230-542.31-20
102-7230-542.31-20
102-7230-542.31-20
LUMBER& RELATED PRODUCTS 102-7230-542.31-20
HAND TOOLS ,POW&NON POWEF 102-7230-542.31-20
HAND TOOLS ,POW&NON POWEF 102-7230-542.31-20
FASTENERS, FASTENING DEVS 102-7230-542.31-20
FASTENERS, FASTENING DEVS 102-7230-542.31-20
LUMBER& RELATED PRODUCTS 102-7230-542.31-20
SUPPLIES 102-7230-542.31-25
HAND TOOLS ,POW&NON POWEF 102-7230-542.48-10
FIRST AID & SAFETY EQUIP.
SUPPLIES
METALS,BARS,PLATES,RODS
ROAD/HIGHWAY EQUIPMENT
BUILDER'S SUPPLIES
CONCRETE & METAL CULVERTS
INET Svcs Jan-Corp Yard
ELECTRICAL EQUIP & SUPPLY
SUPPLIES
102-7230-542.48-10
102-7230-542.48-10
102-7230-542.31-20
102-7230-542.31-20
102-7230-542,31-20
102-7230-542.31-20
102-7230-542.42-12
102-7230-542.48-10
102-7230-542.31-20
HAND TOOLS ,POW&NON POWEF 102-7230-542.31-20
AUTO & TRUCK MAINT. ITEMS
FIRST AID & SAFETY EQUIP.
ROAD/HWY MATERIALS ASPHLT
ROAD/HWY MATERIALS ASPHLT
ROAD/HWY MATERIALS ASPHLT
ROAD/HWY MATERIALS ASPHLT
FUEL,OIL,GREASE, & LUBES
SUPPLIES
SALE SURPLUS/OBSOLETE
CLOTHING ACCESSORIES(SEE
ROAD/HWY MAT NONASPHALTIC
FASTENERS, FASTENING DEVS
SUPPLIES
SUPPLIES
SUPPLIES
SUPPLIES
SUPPLIES
AUTO & TRUCK MAINT. ITEMS
SUPPLIES
SUPPLIES
59
102-7230-542.35-01
102-7230-542.31-20
102-7230-542.31-20
102-7230-542.31-20
102-7230-542.31-20
102-7230-542.31-20
102-7230-542.31-20
102-7230-542.31-01
102-7230-542.31-01
102-7230-542.31-20
102-7230-542.31-20
102-7230-542.31-20
102-7230-542.31-20
102-7230-542.31-20
102-7230-542.31-20
102-7230-542.31-20
102-7230-542.31-20
102-7230-542.31-20
102-7230-542.31-20
102-7230-542.31-20
Invoice Amount
8.16
16.72
3.30
29.17
20.34
4.O7
3.25
0.93
4.31
10.55
161.74
7.57
24.82
158.76
5.46
108.08
13.21
105.38
172.00
6.80
15.00
37.80
61.71
205.22
579.45
192.23
105.07
104.24
8.43
63.59
447.28
116.49
259.92
118.27
3.35
25.53
1.06
4.25
15.15
4.81
24.54
29.23
Page 11
City of Port Angeles
City Council Expenditure Report
From: 1/8/05 To: 1/21/05
Date: 1/24/05
Vendor
SUNSET DO-IT BEST HARDWARE...
SWAIN'S GENERAL STORE INC
TELECOM LABS INC
THURMAN SUPPLY
USA BLUEBOOK
VERIZON WIRELESS
WASHINGTON (DIS), STATE OF
Public Works-Street
CLALLAM CNTY BOUNDARY
PENINSULA DALLY NEWS
TELECOM LABS INC
WASHINGTON (DIS), STATE OF
Economic Development
Description
SUPPLIES
SUPPLIES
SUPPLIES
SUPPLIES
SUPPLIES
Account Number
102-7230-542.31-20
102-7230-542.48-10
102-7230-542.48-10
102-7230-542.48-10
102-7230-542.48-10
CAPTAIN T'S
CLALLAM CNTY INFORMATION TECHNOL Software purchases
NEW WORLD SYSTEMS Conviction Data Report
NORTHPOINT CONSULTING INC
OLYMPIC STATIONERS INC
PACIFIC OFFICE EQUIPMENT INC
QWEST
TELECOM LABS INC
WASHINGTON (DIS), STATE OF
WClA (WA CITIES INS AUTHORITY}
Pencom
HAND TOOLS ,POW&NON POWEF 102-7230-542.31-20
OLYMPIC STATIONERS INC
Recreation Activities
BUILDER'S SUPPLIES
TAPE(NOT DP,SOUND,VIDEO)
SUPPLIES
Maintenance-February
SUPPLIES
HOSES, ALL KINDS
01-06 a/c 26470706000002
Scan chgs-December
Street
Public Works-Street
Street Fund
Filing fee-UGA Annexation
Director job ad
Maintenance-February
Scan chgs-December
Economic Development
Economic Development
Economic Development
Shirts,logos
7.0 Upgrade
Network configuration
COPY PAPER
COPY PAPER
Toner cartridges
102-7230-542.31-20
102-7230-542.31-20
102-7230-542.31-20
102-7230-542.42-10
102-7230-542.48-10
102-7230-542.31-20
102-7230-542.42-10
102-7230-542.42-10
Division Totah
Department Torah
Fund Torah
103-1511-558.41-50
103-1511-558.44-10
103-1511-558.42-10
103-1511-558.42-10
Division Totah
Depa~ment Total:
Fund Total:
107-5160-528.20-80
107-5160-528.48-10
107-5160-528.48-10
107-5160-528.48-10
107-5160-528.48-10
107-5160-528.31-01
107-5160-528.31-01
107-5160-528.31-01
107-5160-528.42-11
107-5160-528.42-10
107-5160-528.42-10
107-5160-528.46-10
Division Totah
Department Total:
Fund Totah
174-8221-574.31-01
174-8221-574.31-01
Division Totah
01-02 a/c 360Z020380301 B
Maintenance-February
Scan chgs~December
Liability Insurance-2005
Pencom
Pencom
Pencom Fund
COPY PAPER
COPY PAPER
Sports Pr~q~ms
invoice Amount
25.71
8.10
2.00
56.70
5.18
44.85
11.27
8.03
10.58
23.34
141.16
172.33
12.65
0.73
$3,946.87
$3,946.87
$3,917.93
50.00
96.88
7.78
1.25
$155.91
$t55.91
$155.91
103.97
516.49
541.50
1,08300
2,240.00
87.72
87.72
276.80
7,198.69
132.24
30.70
18,577.00
$30,875.83
$30,875.83
$30,875.83
43.87
43.86
$87.73
Page 12
City of Port Angeles
City Council Expenditure Report
From: 1/8/05 To: 1/21/05
Date: 1/24/05
Vendor
ABREU, JOHN
BAKER, LARRY
BUCKMASTER, KAITLIN
BURKE, BENJAMIN
DEFRANG, FRED W
FARRINGTON, DAVID
GILCHRIST, JOSHUA
HALBERG, JAMES G
HELPENSTELL, BROOKE
HOLLOWAY, MICHAEL
JOHNSON, STEPHEN
KETCHUM III, JOHN W
LEINART, TOM
MCHONE, RANDY
MINOR, ELISABETH
PARTY OUTFITTERS INC
PIMENTEL, HENRY
RINEHART INC, WILLIAM E
ROBINSON, JASON
ROONEY, RANDY L
SATHER, RONALD L
STONE, RICHARD
SWAIN'S GENERAL STORE INC
THAYER, JEFFREY
ULIN, BRADLEY V
WILSON, DONALD L
Recreation Activities
ALBERTSONS INC
AMSAN OLYMPIC SUPPLY
AT&T WIRELESS (DIGITAL)
JPMORGANCHASE
Judy Perszyk
Sharon Holland
PORT ANGELES CITY TREASURER
SWAIN'S GENERAL STORE INC
Recreation Activities
BLAKE SAND & GRAVEL INC
Waterfront Trail
Description
REFEREE PAYMENT
REFEREE PAYMENT
REFEREE PAYMENT
REFEREE PAYMENT
REFEREE PAYMENT
REFEREE PAYMENT
REFEREE PAYMENT
REFEREE PAYMENT
REFEREE PAYMENT
REFEREE PAYMENT
REFEREE PAYMENT
REFEREE PAYMENT
REFEREE PAYMENT
REFEREE PAYMENT
REFEREE PAYMENT
DEP FOR FAMILY FUN DAY
REFEREE PAYMENT
REFEREE PAYMENT
REFEREE PAYMENT
REFEREE PAYMENT
REFEREE PAYMENT
REFEREE PAYMENT
BASKETBALL AWARDS
REFEREE PAYMENT
REFEREE PAYMENT
REFEREE PAYMENT
Special Events
SUPPLIES
SPECIAL EVENT SUPPLIES
12-27 a/c 0038436241
Table
RFD WINTER BREAK
RFD FOR CANCELLED PROG
Rfd Fun Factory
Winter break-Lowe
SUPPLIES
FOODS: STAPLE GROCERY
Youth/Family Programs
Recreation Activities
Park & Recreation Fund
BUILDER'S SUPPLIES
Waterfront Trail
61
Account Number Invoice Amount
174-8222-574.41-50 200.00
174-8222-574.41-50 140.00
174-8222-574.41-50 140.00
174-8222-574.41-50 140.00
174-8222-574.41-50 180.00
174-8222-574.41-50 40.00
174-8222-574.41-50 150.00
174-8222-574.41-50 160.00
174-8222-574.41-50 120.00
174-8222-574.41-50 200.00
174-8222-574.41-50 300.00
174-8222-574.41-50 120.00
174-8222-574.41-50 100.00
174-8222-574.41-50 220.00
174-8222-574.41-50 110.00
174-8222-574.41-50 2,747.50
174-8222-574.41-50 100.00
174-8222-574.41-50 60.00
174-8222-574.41-50 70.00
174-8222-574.41-50 240.00
174-8222-574.41-50 80.00
174-8222-574.41-50 240.00
174-8222-574.31-01 51.72
174-8222-574.41-50 200.00
174~8222-574.41-50 240.00
174-8222-574.41-50 180.00
Division Totak $6,529.22
174-8224-574.31-01 17.49
174-8224-574.31-01 16.85
174-8224-574.42-10 31.22
174-8224-574.31-01 236.01
174-8224-347.60-20 120.00
174-8224-347.60-20 15.00
174-8224-347.60-20 30.00
174-8224-574.31-01 4.10
174-8224-574.31-01 2.89
174-8224-574.31-01 5.78
Division Totah $479.34
Depa~ment Torah $7,096.29
Fund Totah $7,096.29
186-8576-576.34-01 37.27
Division Totak $37.27
Page 13
Date: 1/24/05
City of Port Angeles
City Council Expenditure Report
From: I/8/05 To: I/2~/05
Vendor Description Account Number Invoice Amount
Waterfront Trail Department Total: $37.27
Waterfront Trail Fund Total: $37.27
Prof svcs pe 12-2004 310-7919-594.41-50 3,006.00
GP-Pub Wks Projects Division Total: $3,006.00
Capital Projects-Pub Wks Department Total: $3,006.00
ARCHITECT&OTHER DESIGN 310-8985-594.65-10 810.00
Misc Parks Projects Division Total: $810.00
Capital Proj-Parks & Rec Department Total: $810.00
Capital Improvement Fund Total: $3,816.0n
314-3920-518.41-50 541.50
314-3920-518.41-50 3,249.00
Division Total: $3,790.50
Department Total: $3,790.60
Fund Total: $3,790.50
18.95
4,602.75
$4,621.70
$4,621.70
$4,621.7C
23,661.48
6,531.80
86,440.19
$116,633.47
$116,633.47
$116,633.47
17,846.23
147.48
84.86
93.96
250.00
192.44
20.40
43.00
147.42
250.00
70.58
100.05
51.61
188.51
750.47
4,873.10
REID MIDDLETON INC
Capital Projects-Pub Wks
LINDBERG & SMITH ARCHITECTS INC
Capital Proj-Parks & Rec
ASSURED QUALITY ENVIRONMENTAL IN(Asbestos abatement
MORRISON EXCAVATING INC Demolish 5th St Bldg
Capital Projects-Attny Property Management
Capital Projects-Attny
Property Management Fund
BLAKE SAND & GRAVEL INC
KUCHAN CONSTRUCTION CO INC
Capital Proj-Parks & Rec
EXELTECH CONSULTING INC
Capital Projects-Pub Wks
BONNEVILLE POWER ADMIN
ANDERSON HOMES
ATHERTON, MARK
BICK, JEANNE
BROWNWELL, DAVID
CANTVVELL, TIMOTHY
DESHA, MINDY
FRISK, NICOLUS
MASTER, BRIAN
PETTIT OIL CO
WALLER, JAMES
WATKINS, SOUL % PCMHC
NORTH COAST ELECTRIC COMPANY
ROAD/HWY MAT NONASPHALTIC 316-8982-594.65-10
CONSTRUCTION SERVICES,GEN 316-8982-594.65-10
Lincoln Park Improvmt
Capital Proj-Parks & Rec
Lincoln Park Improvement
Prof svcs-December
Prof svcs-December
Prof svcs-December
8th St Bridge Reconst
Capital Projects-Pub Wks
6th St Bridge Reconstr
Energy Conservation loans
OVERPAYMENT-II1 E 7TH A
OVERPAYMENT-4509 OLD MILL
OVERPAYMENT-II1 E 7TH B
DEPOSIT REFUND
UB CR REFUND-FINALS
OVERPAYMENT-122 W 2ND ST
OVERPAYMENT-2215 S CHASE
UB CR REFUND-FINALS
DEPOSIT REFUND
UB CR REFUND-FINALS
OVERPAYMENT-422 S VALLEY
UB CR REFUND-FINALS
UB CR REFUND-FINALS
ELECTRICAL EQUIP & SUPPLY
ELECTRICAL EQUIP & SUPPLY
62
Division Total:
Department Total:
Fund Total:
328-7950-595.41-50
328-7950-595.41-50
328-7950-595.41-50
Division Total:
Department Total:
Fund Total:
401-0000-231.90-00
401-0000-122.10-99
401-0000-122.10-99
401-0000-122.10-99
401-0000-122.10-99
401-0000-122.10-99
401-0000-122.10-99
401-0000-122.10-99
401-0000-122.10-99
401-0000-122.10-99
401-0000-122.10-99
401-0000-122.10-99
401-0000-122.10-99
401-0000-122.10-99
401-0000-141.40-00
401-0000-141.40-00
Page 14
Date: 1/24/05
City of Port Angeles
City Council Expenditure Report
From: 1/8/05 To: 1/21/05
Vendor
NORTH COAST ELECTRIC COMPANY...
PLATt ELECTRIC SUPPLY INC
CAPACITY PROVISIONING INC
COMPLETE LINE, THE
Public Works-Electric
CAPACITY PROVISIONING INC
ENERGY NEWS DATA
MARSH MUNDORF pRATi' SULLIVAN
PUD #1 OF CLALLAM COUNTY
Public Works-Electric
AMSAN OLYMPIC SUPPLY
ANGELES MILLWORK & LUMBER CO
BAXTER AUTO PARTS #15
BLAKE SAND & GRAVEL INC
CAPACITY PROVISIONING INC
DIVERSIFIED RESOURCES
EES CONSULTING INC
GRAYBAR ELECTRIC CO INC
GREAT AMERICAN LEASING CORP
HARTNAGEL BUILDING SUPPLY INC
JACO ANALYTICAL LABORATORY INC
JPMORGANCHASE
VERN DAUGAARD
NORTH COAST ELECTRIC COMPANY
Description
ELECTRICAL EQUIP & SUPPLY
ELECTRICAL CABLES & WIRES
INET Svcs Jan-LT Eng
Printer cartridges
Printer cartridges
Toner
SUPPLIES
SUPPLIES
Engineering-Electric
INET Svcs Jan-LT Resource
RENEWAL
NEWS SERVICE
WPAG 2004 pe 12-29
12~29 2110 Glass Rd
Power Resource Mgmt
PAPER & PLASTIC-DISPOSABL
PAPER & PLASTIC-DISPOSABL
LUMBER& RELATED PRODUCTS
LUMBER& RELATED PRODUCTS
ENGINEERING EQUIPMENT
AUTO SHOP EQUIPMENT & SUP
BRUSHES (NOT CLASSIFIED)
AIR COMPRESSORS & ACCESS
AUTO & TRUCK MAINT. ITEMS
Account Number
401-0000-141.40-00
401-0000-141.40-00
Division Total:
Department Total:
401-7111-533.42-12
401-7111-533.31-01
401-7111-533,31-01
401-7111-533.31-01
401-7111-533.31-01
401-7111-533.31-01
Division Total:
401-7120-533,42-12
401-7120-533.49-01
401-7120-533.49-01
401-7120-533.49-01
401-7120-533.33-50
Division Total:
401-7180-533.48-10
401-7180-533.48-10
401-7180-533.48-10
401-7180-533,48-10
401-7180-533.48-10
401-7180-533.31-20
401-7180-533.35-01
401-7180-533,48-10
401-7180-533.48-10
HAND TOOLS .POW&NON POWEF401-7180-533.35-01
BUILDER'S SUPPLIES
Gravel
INET Svcs Jan-LT Division
Janitorial svcs-December
Prof svcs-December
Lexan photo control
JAN COPIER LEASE
BUILDER'S SUPPLIES
BUILDER'S SUPPLIES
SAMPLING&SAMPLE PREPARATI
Shoulder rest
Reimb boot allowance
401-7180-533.48-10
401-7180-533.48-10
401-7180-533.42-12
401-7180-533.48-10
401-7180-533.49-01
401-7180-533.48-10
401-7180-533.45-30
401-7180-533.48-10
401-7180-533.48-10
401-7180-533.48-10
401-7180-533.31-01
401-7180-533.31-11
HAND TOOLS ,POW&NON POWEF401-7180-533.35-01
Saws for crews 401-7180-533.35-01
ELECTRICAL EQUIP & SUPPLY 401-7180-533.48-10
63
Invoice Amount
260.64
964.04
$26,334.79
$26,334.79
265.86
859.38
148.27
379.92
198.80
65~28
$t,917.51
265.86
794.24
4,896.00
558.22
180.17
$6,694.49
145.97
51.91
19.04
258.62
5.85
34.54
22.39
23.36
1.20
102.89
11.67
394.21
2,126.89
96.00
535.47
18.93
186.49
38.59
-8.99
223.52
16.88
85.53
309.73
68.52
133.32
Page 15
Date: 1/24/05
City of Port Angeles
City Council Expenditure Report
From: 1/8/05 To: 1/21/05
Vendor
NORTH COAST ELECTRIC COMPANY...
OLYMPIC LAUNDRY & DRY CLEANERS
OLYMPIC STATIONERS INC
PACIFIC OFFICE FURNITURE
PENINSULA DALLY NEWS
PLA'Fr ELECTRIC SUPPLY INC
PORT ANGELES CITY TREASURER
PORT ANGELES POWER EQUIPMENT
QWEST
RADIOSHACK
SEARS COMMERCIAL ONE
SNAP-ON TOOLS - CHUGGER DEANE
SUNSET DO-IT BEST HARDWARE
SWAIN'S GENERAL STORE INC
TELECOM LABS INC
UNITED PARCEL SERVICE
VERIZON WIRELESS
Description
ELECTRICAL EQUIP & SUPPLY
ELECTRICAL EQUIP & SUPPLY
ELECTRICAL EQUIP & SUPPLY
ELECTRICAL CABLES & WIRES
ELECTRICAL CABLES & WIRES
ELECTRICAL CABLES & WIRES
ELECTRICAL EQUIP & SUPPLY
ELECTRICAL CABLES & WIRES
ELECTRICAL EQUIP & SUPPLY
JANITORIAL SUPPLIES
JANITORIAL SUPPLIES
OFFICE SUPPLIES
FURNITURE, OFFICE
2 CHAIRS TO REPLACE OLD O
Lineman job ad
ELECTRICAL EQUIP & SUPPLY
ELECTRICAL EQUIP & SUPPLY
ELECTRICAL EQUIP & SUPPLY
ELECTRICAL EQUIP & SUPPLY
Account Number
401-7180-533.48-10
401-7180-533.48-10
401-7180-533.48-10
401-7180-533.48-10
401-7180-533.48-10
401-7180-533.48-10
401-7180-533.48-10
401-7180-533.48-10
401-7180-533.48-10
401-7180-533.31-20
401-7180-533.31-20
401-7180-533.31-01
401-7180-533.31-20
401-7180-533.48-10
401-7180-533.44-10
401-7180-533.48-10
401-7180-533.48-10
401-7180-533.48-10
401-7180-533.48-10
HAND TOOLS ,POW&NON POWEF401-7180-533.48-10
6 Callout meals 401-7180-533.43-10
Filing fees-Rinehart 401-7180-533.49-90
MACHINERY & HEAVY HRDWARE 401-7180-533.35-01
AUTO SHOP EQUIPMENT & SUP 401-7180-533.35-01
01-02 a/c 206z0204119428
ELECTRONIC COMPONENTS
AUTO & TRUCK MAINT. ITEMS
TOOLS FOR LINE CREW USE
401-7180-533.42-10
401-7180-533,48-10
401-7180-533.35-01
401-7180-533.35-01
HAND TOOLS ,POW&NON POWEF401-7180-533.35-01
HAND TOOLS ,POW&NON POWEF401-7180-533.35-01
AIR COMPRESSORS & ACCESS
WELDING EQUIPMENT/SUPPLY
PLUMBING EQUIP FIXT,SUPP
ELECTRICAL EQUIP & SUPPLY
GASES CONT.EQUIP:LAB,WELD
ELECTRICAL EQUIP & SUPPLY
PLASMA CUTTER
HARDWARE,AND ALLIED ITEMS
HARDWARE,AND ALLIED ITEMS
Maintenance-February
Shipping chgs-December
01-04 a/c 87025110300001
64
401-7180-533.35-01
401-7180-533.48-10
401-7180-533.48-10
401-7180-533.48-10
401-7180-533.48-10
401-7180-533.48-10
401-7180-594.64-10
401-7180-533.31-20
401-7180-533.48-10
401-7180-533.42-10
401-7180-533.42-10
401-7180-533.42-10
Invoice Amount
116.42
50.01
84.21
357.62
889.67
193.63
132.44
1,067.57
189.71
26.06
26.06
44.45
257.75
106.13
48.44
66.56
124.44
81.80
170.46
72.96
129.00
39.00
32.46
59.54
64.98
31.08
266.39
798.97
101.79
79.90
194.93
12.99
19.19
20.75
5.12
28.59
1,039.68
22.98
33.56
108.90
5.16
74.45
Page 16
Date: 1/24/05
City of Port Angeles
City Council Expenditure Report
From: 1/8/05 To: 1/21/05
Vendor
VERIZON WIRELESS...
WASHINGTON (DIS), STATE OF
Public Works-Electric
AMERICAN WATER WORKS ASSN
FEI EVERETT 3023
FOWLER COMPANY, H D
AMERICAN WATER WORKS ASSN
AMSAN OLYMPIC SUPPLY
ANGELES CONCRETEPRODUCTS
ANGELES MACHINE WORKS INC
ANGELES MILLWORK & LUMBER CO
BLAKE SAND & GRAVEL INC
CAPACITY PROVISIONING INC
DIVERSIFIED RESOURCES
FOWLER COMPANY, H D
KEATING BUCKLIN & MCCORMACK INC
OLYMPIC LAUNDRY & DRY CLEANERS
OLYMPIC STATIONERS INC
PACIFIC OFFICE EQUIPMENT INC
PORS A3-rY AT LAW, THOMAS M
PORT ANGELES CITY TREASURER
SEARS COMMERCIAL ONE
SNAP-ON TOOLS - CHUGGER DEANE
SUNSET DO-IT BEST HARDWARE
Description
01-04 a/c 87025112400001
Scan chgs-December
Electric Operations
Public Works-Electric
Electric Utility Fund
SCHOOL EQUIP& SUPPLIES
PIPE FITTINGS
PIPE AND TUBING
SCHOOL EQUIP& SUPPLIES
Account Number
401-7180-533.42-10
401-7180-533.42-10
Division Total:
Department Total:
Fund Total:
402-0000-237.00-00
402-0000-141.40-00
402-0000-141.40-00
Division Total:
Department Total:
402-7380-534.31-01
WATER&SEWER TREATING CHEM,02-7380-534.31-05
WATER&SEWER TREATING CHEryl02-7380-534.31-05
Crush rock
Control density fill
Control density fill
Control density fill
SUPPLIES
SUPPLIES
BUILDING MAINT&REPAIR SER
CONCRETE & METAL CULVERTS
INET Svcs Jan-Water Div
Janitorial svcs-December
SUPPLIES
Prof svcs pe 12-06
RAGS,SHOP TOWELS,WIPING
OFFICE SUPPLIES, GENERAL
ENVELOPES, PLAIN, PRINTED
COMPUTERS,DP & WORD PROC.
Prof svcs Dec 2004
Spare key-Brockopp
Postage-Beverford
Reimburse CDL-Baar
SUPPLIES
SUPPLIES
SUPPLIES
FIRST AID & SAFETY EQUIP.
402-7380-534.34-02
402-7380-534.34-02
402-7380-534.34-02
402-7380-534.34-02
402-7380-534.48-10
402-7380-534.34-02
402-7380-534.34-02
402-7380-534.34-02
402-7380-534.42-12
402-7380-534.48-10
402-7380-534.34-02
402-7380-534.41-50
402-7380-534.34-02
402-7380-534.31-01
402-7380-534.31-01
402-7380-534.31-01
402-7380-534.41-50
402-7380-534.31-20
402-7380-534.42-10
402-7380-534.49-01
402-7380-534.35-01
402-7380-534.35-01
402-7380-534.35-01
402-7380-534.31-20
HAND TOOLS ,POW&NON POWEF402-7380-534.31-20
PIPE FITTINGS 402-7380-534.34-02
PIPE FITTINGS 402-7380-534.34-02
PIPE FITTINGS 402-7380-534.34-02
HAND TOOLS ,POW&NON POWEF402-7380-534.34-02
Invoice Amount
74.57
32.19
$12,285.09
$20,897.09
$47,231.88
-3.74
2,111.85
325~80
$2,433.91
$2,433.91
48.74
197.81
197.81
5,920.90
157.04
157.04
178.70
15.76
6.50
15.14
16.25
356.82
26.00
13,030.92
1,574.70
17.33
24.45
5.05
212.27
3,264.00
4.52
28.58
30.00
133.14
43.29
244.70
8.65
4.08
20.36
0.77
9.00
8.18
Page 17
City of Port Angeles
City Council Expenditure Report
From: 1/8/05 To: 1/21/05
Date: 1/24105
Vendor
SWAIN'S GENERAL STORE INC
TELECOM LABS INC
THURMAN SUPPLY
UTILITIES UNDERGROUND LOC CTR
WASHINGTON (DIS), STATE OF
WHISTLE WORKWEAR
Public Works-Water
AMSAN OLYMPIC SUPPLY
ANGELES MILLWORK & LUMBER CO
BAXTER AUTO PARTS #15
CAPACITY PROVISIONING INC
CDW GOVERNMENT INC
JPMORGANCHASE
LINCOLN INDUSTRIAL CORP
METROCALL
OLYMPIC ELECTRIC CO INC
OLYMPIC REGION CLEAN AIR AGCY
OLYMPIC SPRINGS INC
OLYMPIC STATIONERS INC
PETTIT OIL COMPANY
PORT ANGELES CITY TREASURER
QWEST
SNAP-ON TOOLS - CHUGGER DEANE
SUNSET DO-IT BEST HARDWARE
Description
FIRST AID & SAFETY EQUIP.
FIRST AID & SAFETY EQUIP.
HARDWARE,AND ALLIED ITEMS
Maintenance-February
SUPPLIES
December locates
COMPUTERS,DP & WORD PROC.
Scan chgs-December
FIRST AID & SAFETY EQUIP.
Water
Public Works-Water
Water Fund
PAPER & PLASTIC-DISPOSABL
SUPPLIES
BELTS AND BELTING
SUPPLIES
INET Svcs Jan-WW Division
RADIO & TELECOMMUNICATION
Gloves
SUPPLIES
01-01 A/C 298-A24878
Valve controls
FIELD PURCHASE ORDER
FIELD PURCHASE ORDER
FOODS: PERISHABLE
PAPER & PLASTIC-DISPOSABL
FOODS: PERISHABLE
SUPPLIES
SUPPLIES
FUEL,OIL,GREASE, & LUBES
FUEL,OIL,GREASE, & LUBES
Batteries-Young
Safety lunch-Young
01-02 a/c 3604170591195B
01-02 a/c 3604170190080B
01-08 a/c 3605650365696B
Account Number Invoice Amount
402-7380-534.31-20 68.92
402-7380-534.31-20 259.47
402-7380-534.34-02 0.97
402-7380-534.42-10 7.78
402-7380-534.34-02 120.35
402-7380-534.48-10 18.70
402-7380-534.31-60 151.10
402-7380-534.42-10 4.76
402-7380-534.31-20 249.16
Division Total: $26,839.71
Department Total: $26,839.71
Fund Total: $29,273.62
403-7480-535.31-20 289.05
403-7480-535.31-20 1.08
403-7480-535.31-20 18.89
403-7480-535.35-01 39.20
403-7480-535.42-12 654.18
403-7480-535.42-10 2,036.39
403-7480-535.31-20 161.14
403-7480-535.31-20 14.13
403-7480-535.42-10 40.64
403-7480-535.48-10 2,233.74
403-7480-535.31-20 200.00
403-7480-535.31-20 142.76
403-7480-535.31-20 25.45
403-7480-535.31-20 7.13
403-7480-535.31-20 12.50
403-7480-535.31-01 151.10
403-7480-535.31-01 62.16
403-7480-535.32-11 760.87
403-7480-535.32-11 925.12
403-7480-535.31-20 10.83
403-7480-535.43-10 48.45
403-7480-535.42-10 37.31
403-7480-535.42-10 37.63
403-7480-535.42-10 37.31
980.70
22.56
1.16
7.35
13.73
10.58
HAND TOOLS ,POW&NON POWEF403-7480-535.35-01
SUPPLIES 403-7480-535.31-20
SUPPLIES 403-7480-535.31-20
SUPPLIES 403-7480-535.31-20
SUPPLIES 403-7480-535.31-20
SUPPLIES 403-7480-535.31-20
66
Page 18
Date: 1/24/05
City of Port Angeles
City Council Expenditure Report
From: 1/8/05 To: 1/21/05
Vendor
SUNSET DO-IT BEST HARDWARE,.,
SWAIN'S GENERAL STORE INC
TELECOM LABS INC
TRIANGLE PUMP AND EQUIPMNT INC
UNIVAR USA INC
UTILITIES UNDERGROUND LOC CTR
WASHINGTON (AGRICUL), STATE OF
WASHINGTON (DIS), STATE OF
WSU-CAHE CASHIER
Public Works-WW/Stormwtr
CAPACITY PROVISIONING INC
DIVERSIFIED RESOURCES
OLYMPIC STATIONERS INC
RADIO PACIFIC INC
SUNSET DO-IT BEST HARDWARE
SWAIN'S GENERAL STORE INC
TELECOM LABS INC
WASHINGTON (DIS), STATE OF
WASTE MANAGEMENT
WORC-WA ORGANIC RECYCLING CNCL
Public Works-Solid Waste
CAROLINA SOFTWARE
JPMORGANCHASE
RESOURCEFUL BAG & TAG INC
AMSAN OLYMPIC SUPPLY
ANGELES CONCRETE PRODUCTS
CAPACITY PROVISIONING INC
Description
SUPPLIES
SUPPLIES
SUPPLIES
SUPPLIES
SUPPLIES
SUPPLIES
FIRST AID & SAFETY EQUIP.
Maintenance-February
Account Number
403-7480-535.31-20
403-7480-535.31-20
403-7480-535.31-20
403-7480-535.35-01
403-7480-535.31-20
403-7480-535.31-20
403-7480-535.31-20
403-7480-535.42-10
BOATS,MOTORS,& MARINE SUP 403-7480-535.31-20
WATER&SEWER TREATING CHEM,03-7480-535.31-20
December locates
SUPPLIES
Scan chgs-December
PEST.RECERT.-DIVELBISS
Wastewater
Public Works-WW/Stormwtr
Wastewater Fund
INET Svcs Jan-SW Corp Yd
Janitorial svcs-December
SUPPLIES
OFFICE SUPPLIES
Credit office supplies
SUPPLIES
Trash Talk ads-December
EQUIP MAINT & REPAIR SERV
AUTO SHOP EQUIPMENT & SUP
AUTO & TRUCK MAINT. ITEMS
Maintenance-February
Scan chgs-December
December Recycle
WORC-DUES
Solid Waste-Collections
Public Works-Solid Waste
Solid Waste-Collections
SUPPORT AND MAINTENANCE
Software
SUPPLIES
PAPER & PLASTIC-DISPOSABL
Recycled concrete
INET Svcs Jan-SW Lar~dfill
O7
403-7480-535.41~50
403-7480-535.49-01
403-7480-535.42-10
403-7480-535.43-10
Division Totah
Depa~mentTotah
Fund Total:
404-7580-537.42-12
404-7580-537.48-10
404-7580-537.31-01
404-7580-537.31-01
404-7580-537.31-01
404-7580-537.31-01
404-7580-537.44-10
404-7580-537.35-01
404-7580-537.35-01
404-7580-537.35-01
404-7580-537.42-10
404-7580-537.42-10
404-7580-537.41-50
404-7580-537.49-01
Division Totah
Depa~mentTotal:
Fund Totah
405-0000-237.00-00
405-0000-237.00-00
405-0000-237.00-00
Division Totah
Depa~mentTotal:
405-7585-537.31-20
405-7585-537.31-20
405-7585-537.42-12
Invoice Amount
1.06
10.79
2.99
100.29
7.73
27.09
64.87
15.56
189.35
1,705.80
18.70
25.00
21.86
80.00
$11,254.23
$11,254.23
$11,254.23
187.00
19.00
91.93
27.30
-2.17
9.69
433.00
38.45
52.54
3.76
38.89
11.38
44,192.27
125.00
$45,228.04
$45,228.04
$45,228.04
-16.60
-73.48
-20.75
-$110.83
-$110.83
232.85
319.92
187.00
Page 19
City of Port Angeles
City Council Expenditure Report
Prom: 1/8/05 To: 1/21/05
Da~:1~4~5
Vendor
CAROLINA SOFT~VARE
CLALLAMCNTYDEPT OF HEALTH
DIVERSIFIED RESOURCES
ENGINEERED COMPOST SYSTEMS
HD~EESlNC
JPMORGANCHASE
KAESERANDBLAIRINC
OLYMPIC ELECTRIC CO INC
OVERALL LAUNDRY SERVICES INC
PACIFIC OFFICE EQUIPMENT INC
pE3-1'IT OIL COMPANY
QWEST
RESOURCEFUL BAG & TAG INC
SANDERSON SAFETY SUPPLY CO
SHOTWELL CORP, JONATHAN
Public Works-Solid Waste
AFFORDABLE COMPANY, THE
GLASS SERVICES CO INC
BRUCE O'ROURKE
GLENN WAUGHAMAN
JEFFREY GRULKOWSKI
JOE & TERI MANGIAMELI
LOVA JANE LUKENS
Public Works-Electric
POTELCO INC
TICE ELECTRIC COMPANY
Public Works-Electric
CH2M HILL INC
JPMORGANCHASE
US BANK
Description
SUPPORT AND MAINTENANCE
LANDFILL PERMIT RENEWAL
Janitorial svcs-December
EQUIPMENT MAINTENANCE,REC
Prof svcs-November
Scanner,office supplies
Software
Promo items-Home Show
Promo items-Home Show
0 & M LEACHATE PUMPS
Laundry svcs-December
Account Number
405-7585-537.48-10
405-7585-537.49-90
405-7585-537.48-10
405-7585-537.48-10
405-7585-537.41-50
405-7585-537.31-20
405-7585-537.31-20
405-7585-537.44-10
405-7585-537.44-10
405-7585-537.48-10
405-7585-537.31-20
COMPUTER HARDWARE&PERIPH405-7585-537.31-20
OIL DRUM PUMP
01-02 a/c 3604175035758B
01-05 a/c 3604522245145B
01-05 a/c 3604528100532B
SUPPLIES
HEARING PROTECTION
Crush rock
Solid Waste-Landfill
Public Works-Solid Waste
Solid Waste-Landfill
City rebate-Jay
City rebate-Frisell
City rebate
City rebate
City rebate
City rebates
City rebate
Conservation Loans
Public Works-Electric
Conservation Loans/Grants
Release retainage
Release retainage
Release retainage
Electric Projects
Public Works-Electric
Electric Utility CIP
Prof svcs pe 12-31
Prof svcs pe 12-31
Trolley
Escrow 15355591997~8
405-7585-537.31-20
405-7585-537.42-10
405-7585-537.42-10
405-7585-537.42-10
405-7585-537.31-20
405-7585-537.31-20
405-7585-537.31-20
Division Totah
Depa~mentTotal:
Fund Totah
421-7121-533.49-86
421-7121-533.49-86
421-7121-533.49-86
421-7121-533.49-86
421-7121-533.49-86
421-7121-533.49-86
421-7121-533.49-86
Division Total:
Depa~mentTotal:
Fund Totah
451~7188-594.65-10
451-7188-594.65-10
451-7188-594.65-10
Division Torah
Depa~ment Total:
Fund Total:
452-7388-594.41-50
452-7388-594.41-50
452-7388-594.31-01
452-7388-594.65-10
Invoice Amount
216.60
5,250.00
47.00
8,008.77
2,271.25
390.88
958.72
83.11
1,314.79
960.35
97.56
140.79
38.06
79.94
41.05
39.97
270.75
98.12
216.60
$21,264.08
$21,264.08
$21,153.2~
381.15
364.21
25.00
50.00
50.00
3,000.00
50.00
$3,920.36
$3,920.36
$3,920.36
4,395.13
4,395.12
5,523.88
$14,314.13
$t4,314.13
$14,314.13
775.71
8,110.66
327.85
21,816.68
Page 20
Date: 1/24105
City of Port Angeles
City Council Expenditure Report
From: 1/8/05 To: 1/21/05
Vendor
Public Works-Water
GEOTIVITY INC
NORTHWESTERN TERRITORIES INC
SKILLINGS-CONNOLLY INC
Public Works-WW/Stormwtr
BAXTER AUTO PARTS #15
FLEET COUNSELOR SERVICES INC
H & R PARTS & EQUIPMENT INC
HElL ENVIRONMENTAL IND LTD
MCMASTER-CARR SUPPLY CO
MIDDLETON AUTO AND TRUCK INC
SCHUCK'S AUTO PARTS
SUNSET DO-IT BEST HARDWARE
AMSAN OLYMPIC SUPPLY
CAPACITY PROVISIONING INC
COSTCO CREDIT CARD PMTS
DENVER'S TIRE CO INC
Description
Water Projects
Public Works-Water
Water Utility CIP
Prof svcs-November
Prof svcs pe 12-30
Prof svcs pe 12-25
Wastewater Projects
Public Works-WW/Stormwtr
WasteWater Utility ClP
AUTO & TRUCK MAINT. ITEMS
FLEET CERT PROGRAM FEES
AUTO & TRUCK MAINT. ITEMS
AUTO & TRUCK MAINT. ITEMS
AUTO & TRUCK MAINT. ITEMS
AUTO & TRUCK MAINT. ITEMS
AUTO & TRUCK MAINT. ITEMS
AUTO & TRUCK MAINT. ITEMS
AUTO & TRUCK MAINT. ITEMS
AUTO & TRUCK MAINT. ITEMS
AUTO & TRUCK MAINT. ITEMS
AUTO & TRUCK MAINT. ITEMS
PAPER & PLASTIC-DISPOSABL
AUTO & TRUCK MAINT. ITEMS
AUTO & TRUCK MAINT. ITEMS
INET Svcs Jan-Equip Svcs
Digital camera
AUTO & TRUCK MAINT. ITEMS
AUTO & TRUCK MAINT. ITEMS
AUTO & TRUCK MAINT. ITEMS
AUTO & TRUCK MAINT. ITEMS
AUTO & TRUCK MAINT. ITEMS
AUTO & TRUCK MAINT. ITEMS
AUTO & TRUCK MAINT. ITEMS
AUTO & TRUCK MAINT. ITEMS
EXTERNAL LABOR SERVICES
EXTERNAL LABOR SERVICES
AUTO & TRUCK MAINT. ITEMS
EXTERNAL LABOR SERVICES
EXTERNAL LABOR SERVICES
EXTERNAL LABOR ~VICES
Account Number Invoice Amount
Division Torah $31,030.90
Depa~ment Total: $31,030.90
Fund Torah $31,030.90
453-7488-594.48-10 3,145,37
453-7488-594.41-50 158.75
453-7488-594.41-50 526,57
Division Totah $3,830.69
Depa~ment Total: $3,830.69
Fund Total: $3,830.69
501-0000-141.40-00 10,35
501-0000-237,00-00 -186.75
501-0000-141.40-00 20.58
501-0000-237.00-00 4.73
501-0000-237.00-00 -156.14
501-0000-237.00-00 -28.10
501-0000-237.00-00 -6.07
501-0000-237.00-00 -3.82
501-0000-141.40-00 64.96
501-0000-141.40-00 116.83
501-0000-141.40-00 2.62
501-0000-141.40-00 28.43
Division Totah -$132.38
Depa~mentTotah -$132.38
501-7630-548,31-01 62.78
501-7630-548.31-01 -56,51
501-7630-548.34-02 390.71
501-7630-548.42-12 41.00
501-7630-548.31-01 270.74
501-7630-548.31-10 148.37
501-7630-548.34-02 10.83
501-7630-548.34-02 2.44
501-7630-548.34-02 2.44
501-7630-548.34-02 9.48
501-7630-548.34-02 121.30
501-7630-548.34-02 56.59
501-7630-548.34-02 72,83
501-7630-548.48-10 22,20
501-7630-548.48-10 34.66
501-7630-548.48-10 10.83
501-7630-548.48-10 28,15
501-7630-548.48-10 28.15
501-7630-548.48-10 45.48
Page 21
Date: 1/24/05
City of Port Angeles
City Council Expenditure Report
From: I/8/05 To: 1/21/05
Vendor
DENVER'S TIRE CO INC...
DIVERSIFIED RESOURCES
FLEET COUNSELOR SERVICES INC
GREENTREE COMMUNICATIONS CO
H & R PARTS & EQUIPMENT INC
HElL ENVIRONMENTAL IND LTD
LES SCHWAB TIRE CENTER (CITY)
LINCOLN INDUSTRIAL CORP
MCMASTER-CARR SUPPLY CO
MIDDLETON AUTO AND TRUCK INC
OVERALL LAUNDRY SERVICES INC
PERRY'S TIRE FACTORY
PE'CrlT OIL COMPANY
Description
EXTERNAL LABOR SERVICES
EXTERNAL LABOR SERVICES
EXTERNAL LABOR SERVICES
EXTERNAL LABOR SERVICES
EXTERNAL LABOR SERVICES
EXTERNAL LABOR SERVICES
Janitorial svcs-December
FLEET CERT PROGRAM FEES
AUTO & TRUCK MAINT. ITEMS
EXTERNAL LABOR SERVICES
AUTO & TRUCK MAINT. ITEMS
AUTO & TRUCK MAINT. ITEMS
AUTO & TRUCK MAINT. ITEMS
EXTERNAL LABOR SERVICES
AUTO & TRUCK MAINT. ITEMS
AUTO & TRUCK MAINT. ITEMS
AUTO & TRUCK MAINT. ITEMS
AUTO & TRUCK MAINT. ITEMS
AUTO & TRUCK MAINT. ITEMS
AUTO & TRUCK MAINT. ITEMS
EXTERNAL LABOR SERVICES
EXTERNAL LABOR SERVICES
AUTO & TRUCK MAINT. ITEMS
AUTO & TRUCK MAINT. ITEMS
AUTO & TRUCK MAINT. ITEMS
AUTO & TRUCK MAINT. ITEMS
AUTO & TRUCK MAINT. ITEMS
AUTO & TRUCK MAINT. ITEMS
AUTO & TRUCK MAINT. ITEMS
AUTO & TRUCK MAINT. ITEMS
AUTO & TRUCK MAINT. ITEMS
AUTO & TRUCK MAINT. ITEMS
AUTO & TRUCK MAINT. ITEMS
AUTO & TRUCK MAINT. ITEMS
AUTO & TRUCK MAINT. ITEMS
Trailer part
AUTO & TRUCK MAINT. ITEMS
AUTO & TRUCK MAINT. ITEMS
AUTO & TRUCK MAINT. ITEMS
Cardlock Dec-EQO045
Cardlock Dec-EQ0078
Cardlock Dec-EQO005
7O
Account Number Invoice Amount
501-7630-548.48-10 32.49
501-7630-548.48-10 79.06
501-7630-548.48-10 79.06
501-7630-548.48-10 14.08
501-7630-548.48-10 42.24
501-7630-548.48-10 7.58
501-7630-548.48-10 47.00
501-7630-548.41-50 2,436.75
501-7630-548.34-02 1,775.04
501-7630-548.48-10 173.28
501-7630-548.34-02 258.80
501-7630-548.34-02 33.64
501-7630-548.34-02 16.63
501-7630-548.48-10 130.61
501-7630-548.34-02 -61.69
501-7630-548.34-02 2,037.35
501-7630-548.34-02 366.57
501-7630-548.31-10 166.89
501-7630-548.34-02 75.81
501-7630-548.48-10 24.91
501-7630-548.48-10 83.34
501-7630-548.48-10 83.34
501-7630-548.34-02 97.47
501-7630-548.35-01 79.15
501-7630-548.35-01 49.81
501-7630-548.34-02 21.72
501-7630-548.34-02 87.30
501-7630-548.34-02 27.59
501-7630-548.34-02 77.97
501-7630-548.34-02 26.82
501-7630-548.34-02 4.88
501-7630-548.34-02 4.72
501-7630-548.34-02 10.22
501-7630-548.34-02 -6.01
501-7630-548.34-02 69.53
501-7630-548.34-02 19.35
501-7630-648.31-11 166.35
501-7630-548.49-90 64.15
501-7630-548.34-02 1,474.50
501-7630-548.32-10 35.35
501-7630-548.32-10 36.88
501-7630-548.32-10 16.99
Page 22
City of Port Angeles
City Council Expenditure Report
From: 1/8/05 To: 1/21/05
Date: 1/24/05
Vendor
PE~I'IT OIL COMPANY...
RICHMOND 2-WAY RADIO
SIMPSON'S USED PARTS & TOWING
SNAP-ON TOOLS - CHUGGER DEANE
SUNSET DO-IT BEST HARDWARE
Description
Cardlock Dec-EQ0009
Cardlock Dec-EQ0015
Cardlock Dec-EQ0018
Cardlock Dec-EQ0027
Cardlock Dec-EQ0028
Cardlock Dec-EQ0029
Cardlock Dec-EQ0034
Cardlock Dec-EQ0035
Cardlock Dec-EQ0036
Cardlock Dec-EQ0041
Cardlock Dec-EQ0042
Cardlock Dec-EQ0044
Cardlock Dec-EQO045
Cardlock Dec-EQ0046
Cardlock Dec-EQ0047
Cardlock Dec-EQ0048
Cardlock Dec-EQ0053
Cardlock Dec-EQ0054
Cardlock Dec-EQ0065
Cardlock Dec-EQ0078
Cardlock Dec-EQ0082
Cardlock Dec-EQ0087
Cardlock Dec-EQ0088
Cardlock Dec-EQO089
Cardlock Dec-EQ0095
Cardlock Dec-EQ0096
Cardlock Dec-EQ0138
Cardlock Dec-EQ0163
Cardlock Dec-EQ4101
Cardlock Dec-EQ4102
Cardlock Dec-EQ4103
Cardlock Dec-EQ4105
Cardlock Dec-EQ4200
Cardlock Dec-EQ4201
Cardlock Dec-EQ4900
Cardlock Dec-EQ8989
Cardlock Dec-EQ0008
Account Number
501-7630-548,32-10
501-7630-548.32-10
501-7630-548.32-10
501-7630-548.32-10
501-7630-548.32-10
501-7630-548.32-10
501-7630-548.32-10
501-7630-548.32-10
501-7630-548.32-10
501-7630-548.32-10
501-7630~548,32-10
501-7630-548,32-10
501-7630-548.32-10
501-7630-548.32-10
501-7630-548.32-10
501-7630-548.32-10
501-7630-548.32-10
501-7630-548.32-10
501-7630-548,32-10
501-7630-548,32-10
501-7630~548.32-10
501-7630-548.32-10
501-7630-548.32-10
501-7630-548.32-10
501-7630-548.32-10
501-7630-548,32-10
501-7630-548.32-10
501-7630-548.32-10
501-7630-548.32-10
501-7630-548.32-10
501-7630-548.32-10
501-7630-548.32-10
501-7630-548.32-10
501-7630-548.32-10
501-7630-548.32-10
501-7630-548.32-10
501-7630-548.32-11
SOUND SYSTEMS & ACCESSORY 501-7630-548.34-02
AUTO & TRUCK MAINT. ITEMS
AUTO & TRUCK MAINT. ITEMS
AUTO & TRUCK MAINT. ITEMS
AUTO & TRUCK MAINT. ITEMS
71
501-7630~548.34-02
501-7630-548.35-01
501-7630-548.34-02
501-7630-548.34-02
Invoice Amount
19.88
56.27
49.04
44.54
25.20
42.07
205.09
80.21
184.52
93.42
53.02
89.69
67.28
106.22
95.23
115.52
141.99
115.07
108.13
31.92
42.42
130.52
66.97
115.60
68.27
25.12
84.71
35.84
112.81
41.24
66.64
188.88
63.45
57.03
37.51
18.97
7.03
113.73
70.40
115.88
76.73
4.68
Page 23
Date: 1/24/05
City of Port Angeles
City Council Expenditure Report
From: I/8/05 To: 1/21/05
Vendor
SUNSET DO-IT BEST HARDWARE...
TELECOM LABS INC
WASHINGTON (DIS), STATE OF
Public Works-Equip Svcs
JPMORGANCHASE
CAPACITY PROVISIONING INC
COSTCO CREDIT CARD PMTS
CRYSTALTECH
IBM CORPORATION
INSIGHT PUBLIC SECTOR
JPMORGANCHASE
OLYMPIC STATIONERS INC
PACIFIC OFFICE FURNITURE
TELECOM LABS INC
WASHINGTON (DIS), STATE OF
Finance Department
Alan Oman
BARB MCFALL
Barbara Filigno
Description
AUTO & TRUCK MAINT. ITEMS
AUTO & TRUCK MAINT. ITEMS
AUTO & TRUCK MAINT. ITEMS
AUTO & TRUCK MAINT. ITEMS
EXTERNAL LABOR SERVICES
Maintenance-February
Scan chgs-December
Equipment Services
Public Works-Equip Svcs
Equipment Services
Books
Computer equipment
INET Svcs Jan-Access
Office supplies
Computer monitors
ci.port-angeles.wa.us
RENTAL OR LEASE SERVICES
RENTAL OR LEASE SERVICES
RENTAL OR LEASE SERVICES
DATA PROC SERV &SOFTWARE
DATA PROC SERV &SOFTWARE
DATA PROC SERV &SOFTWARE
Computer supplies
Books
Books
Computer equipment
Computer equipment
Back up battery
COPY PAPER
ONE KEY FOR FILE CABINET
Maintenance-February
Scan chgs-December
RENTAL/LEASE EQUIPMENT
Information Technologies
Finance Department
Information Technology
WELLNESS REIMBURSEMENT
Reimb medical expense
WELLNESS REIMBURSEMENT
MEDICAL REIM BUR~i~ENT
Account Number Invoice Amount
501-7630-548.34-02 4.29
501-7630-548.34-02 18.15
501-7630-548.34-02 48.71
501-7630-548.34-02 1.26
501-7630-548.48-10 5.42
501-7630-548.42-10 7.78
501-7630-548.42-10 8.01
Division Totah $14,932.36
Department Totah $14,932.35
Fund Total: $14,799.97
502-0000-237.00-00 -10.71
502-0000-237.00-00 -37.67
Division Totah -$48.38
Department Tota~ -$48.38
502-2081-518.42-10 500.00
502-2081-518.31-01 105.30
502-2081-518.31-60 3,725.44
502-2081-518,42-10 18.27
502-2081-594.64-10 849.75
502-2081-594.64-10 3,469.32
502-2081-594.64-10 416.12
502-2081-518.48-02 1,906.08
502-2081-518.48-02 29.50
502-2081-518.48-02 428.33
502-2081-518.31-01 654.12
502-2081-518.31-02 272.23
502-2081-518.31-02 23.00
502-2081-518.31-60 138.75
502-2081-518.31-60 1,387.41
502-2081-518.31-80 272.38
502-2081-518.31-01 43.86
502-2081-518.31-01 21.66
502-2081-518.42-10 23.34
502-2081-518.42-10 37.75
502-2081-518.48-02 645.61
Division Totak $14,968.22
Department Totak $14,968.22
Fund Totah $14,919.84
503-1631-517.41-51 250.00
503-1631-517.46-30 45.00
503-1631-517.41-51 83.50
503-1631-517.46-30 68.08
Page 24
City of Port Angeles
City Council Expenditure Report
From: 1/8/05 To: 1/21/05
Date: 1/24/05
Vendor
GERALD SWAYZE
JIM HARPER
Jake Patterson
LANCE DOYLE
LINDA REIDEL
TRENIA FUNSTON
Self Insurance
HEALTHCARE MGMT ADMNSTRS INC
Serf Insurance
POSTER COMPLIANCE CENTER
Serf Insurance
DOROTHY HOPKINS
EUGENE VOIGHT
QWEST-CLAIMS
WCIA (WA CITIES INS AUTHORITY)
Serf Insurance
OLYMPIC STATIONERS INC
SWAIN'S GENERAL STORE INC
TELECOM LABS INC
UNITED PARCEL SERVICE
WASHINGTON (DIS), STATE OF
Esther Webster/Fine Arts
AFLAC
ASSOCIATION OF WASHINGTON CITIES
DIMARTINO/WSCFF DISABILITY
EMPLOYEES ASSOCIATION
LEOFF
OFFICE OF SUPPORT ENFORCEMENT
PERS
Description
Reimb medical expenses
Reimb medical expenses
WELLNESS REIMBURSEMENT
Wellness reimbursement
Wellness reimbursement
Wellness reimbursment
Other Insurance Programs
01-11 Dental claims EFT
Premium-January
AMENDMENT PREP
January premium
Medical Benefits
State and Federal posters
Worker's Compensation
Claim settlement
Claim settlement
Claim a/c WA BF315702
Claim a/c WA BF315764
LIABILITY/PROPT ASSESSMEN
Excess Liability Ins-2004
Comp Liability
Serf Insurance
Self-Insurance Fund
Cellowrap,tape
Matte boards
Hinges
Paint supplies
Maintenance-February
Shipping chgs-December
Scan chgs-December
Esther Webster/Fine Arts
Esther Webster/Fine Arts
Esther Webster Fund
JAN SUPP INS PF{EMIUMS
Supp Life premium-Dec
P/R Deductions pe 01-16
P/F{ Deductions pe 01-16
December contribution
December contribution
P/R Deductions pe 01-16
P/F{ Deductions pe 01-16
December contribution
73
Account Number Invoice Amount
503-1631-517.46-30 107.96
503-1631-517.46-30 207.32
503-1631-517.41-51 250.00
503-1631-517.41-51 243.00
503-1631-517.41-51 64.00
503-1631-517.41-51 94.14
Division Totah $1,413.00
503-1637-517.46-01 4,088.00
503-1637-517.46-01 1,261.36
503-1637-517.46-01 125.00
503-1637-517.46-01 450.34
Division Totah $5,924.70
503-1661-517.49-09 264.53
Division Totah $264.53
503-1671-517.49-98 1,482.78
503-1671-517.49-98 3,000.00
503-1671-517.49-98 498.04
503-1671-517.49-98 391.33
503-1671-517.46-10 281,717.00
503-1671-517.46-10 687.80
Division Torah $287,776.95
Department Totah $295,379.18
Fund Torah $295,379.18
652-8630-575.31-01 17.58
652-8630-575.31-01 29.24
652-8630-575.31-01 7.30
652-8630-575.31-01 2.61
652-8630-575.42-10 7.78
652-8630-575.42-10 6.79
652-8630-575.42-10 15.66
Division Totah $88.96
Department Total: $86.96
Fund Totah $86.96
920-0000-231.53-10 138.82
920-0000-231.53-30 492.40
920-0000-231.53-40 54.01
920-0000-231.55-30 388.00
920-0000-231.5%20 14.35
920-0000-231.51-21 24,036.92
920-0000-231.56-20 169.85
920-0000-231.56-20 1,850.80
920-0000-231.51-10 7,450.32
Page 25
Date: 1/24/05
City of Port Angeles
City Council Expenditure Report
From: 1/8/05 To: 1/21/05
Vendor
PERS...
UNITED WAY (PAYROLL)
VOLUNTEER FIRE ASSOCIATION
WSCFF/EMPLOYEE BENEFIT TRUST
Totals for check period
Description
P/R Deductions pe 01-02
December contribution
P/R Deductions pe 01-16
P/R Deductions pe 01-16
P/R Deductions pe 01-16
Payroll Clearing
From: 1/8/05
Account Number
920-0000-231.51-11
920-0000-231.51-12
920-0000-231.56-10
920-0000-231.55-20
920-0000-231.53-20
Division Total:
Department Total:
Fund Total:
To: 1/21/05
Invoice Amount
3,162.46
14,448.79
356.67
30.00
1,425.00
$54,018.39
$54,018.39
$54,018.39
$857,324.46
74
Page 26
WASHINGTON, U.S.A.
CITY MANAGER'S OFFICE
Febmary4,2005
Dr. Gary Cohn, Superintendent
Port Angeles School District No. 121
216 E. 4th Street
Port Angeles, WA 98362
Re: Port Angeles Resolution No. 3-05
Dear Gary,
At its meeting of February 1, 2005, the City Council passed Resolution No. 3-05, a copy
of which is enclosed.
The Resolution states the City Council's strong support for the School District's requests
for a replacement Maintenance & Operations Levy, as well as a new Capital Projects
Technology Levy for the 2006 - 2009 school years. The Council wholeheartedly endorses
the approval of these levies, as they will serve to enhance the learning environment of the
Port Angeles students - the future of our community.
Please accept my best wishes for a successful election.
Sincerely yours,
Michael Quirm
City Manager
Enclosure: Resolution No. 3-05
321 EaST FIFTH STREET · P, O, BOX 1150 · PORT ANGELES, WA 98362-0217
~HONE: 360-417-45OO · FAX: 360-417-4509 · TTY: 360~417-4645
E-MAIL: CITYMGR~ CITYOFPA.US
RESOLUTION NO.
A RESOLUTION ratifying the letter to the Governor and the accompanying
statement of Principles.
WHEREAS, the dilemma involving the Graving Yard site in Port Angeles and the
reactions of the state of Washington, the Lower Elwha Kallam Tribe, and the community to that
dilemma have raised issues and concerns are of substantial, long-term significance to the Port
Angeles community, the region and the state of Washington; and
WHEREAS, the Council has reviewed the letter written by Richard Headrick to Governor
Christine Gregoire dated January 21, 2005 and the statement of Principles for resolution of the
Port Angeles Graving Yard situation that accompany that letter; and
WHEREAS, the Council fully supports the statements made in the letter and the
accompanying statement of Principles; and
WHEREAS, the Council believes that the statements in the letter and the accompanying
statement of Principal address issues and concerns that are of vital, significant, and long-term
interest to the community, the region, and the entire state; and
WHEREAS, the Council believes that those issues and concerns must be immediately
addressed and resolved,
NOW, THEREFORE,
BE IT RESOLVED by the Council of the City of Port Angeles as follows:
The Council does fully support, ratify, confirm and adopt the statements made in the letter
signed by Richard Headrick, dated January 21, 2005 to Governor Christine Gregoire and the
accompanying statement of Principles; and
The Council does hereby join in the request that those issues be addressed fully, fairly and
-1-
immediately.
PASSED by the City Council of the City of Port Angeles at a regular meeting of said
Council held on the __ day of January, 2005.
ATTEST:
Becky J. Upton, City Clerk
APPROVED AS TO FORM:
MAYOR
DEPUTY MAYOR
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
William E. Bloor, City Attorney
G:\LegaI_Backup\ORDINANCES &RESOLUTION S\R2005-GravingYard,wpd
-2-
pORTANGEI ES
WASHINGTON, U.S.A.
CITY COUNCIL MEMO
DATE:
TO:
FROM:
SUBJECT:
February 1, 2005
CITY COUNCIL
Brad Collins, Community Development Manager
Adjustments of the City Limits
Summary: Following the approval of the Green Crow Subdivision offMt. Angeles Road, the
City and Clallam County have worked to implement a condition that the City assume responsibility
for Mt. Angeles Road between Bent Cedars Way and the City Limits near Leighton Avenue. This
will be accomplished in part by adjusting the City limits to include Mt. Angeles Road at the southern
boundary of the Key Subdivision to the northern boundary of the Green Crow Subdivision along
Mt. Angeles Road following the quarter section lines. Similarly, in conjunction with a proposed
annexation along US 101 in the southwestem UGA, the City will include the US 101 right-of-way
from the Pine Street Cutoffwest to Doyle Road in a second adjustment to the City Limits. Clallam
County will be taking complementary actions adjusting their jurisdictional boundaries at the same
time as noted in the attached Ordinance.
Recommendation: City staffreconunends that the City Council adopt the attached Ordinance
effeeting the incorporation of portions of the Mt. Angeles Road right-of-way and US 101 right-of-
way adjacent to the City Limits as shown on Exhibits A and B.
Background / Analysis:
A condition of approval of the Green Crow Subdivision off Mt. Angeles Road requires the
City with the County's agreement to adjust the City Limits to include that portion of Mt. Angeles
Road adjacent to the existing City Limits from Bent Cedars Way to Rook Drive per Exhibit A. The
City will also be entering into a subsequent agreement with Clallam County for maintenance and
liability of the portion of Mt. Angeles Road between Rook Drive and the City Limits near Leighton
Avenue. The condition of approval was based on County concerns that County Road Standards
would not be met for the increased traffic resulting from development of the Green Crow
Subdivision. Because the City's Urban Standards & Guidelines did not require an expanded
roadway surface, which would facilitate faster vehicle speeds, the City, the County, and the
developer agreed to this alternate approach to required public improvements for streets.
Additionally, a walkway is being provided through the subdivision rather than along Mt. Angeles
Road. By incorporating Mt. Angeles right-of-way into the City, the speed limits would be reduced
to match not only the existing paved surface but also the lower speed limits on City streets than those
on County roads. 75
Mt. Angeles Road/US 101 Cit~ Boundary Adjustments
February 1, 2005
Page 2
At this same time, the City is processing an annexation petition for a portion of the
southwestern Urban Growth Area (SWUGA), including the US 101 right-of-way from the City
Limits at Old Joe Road west to Reddick Road. Since this annexation would leave a gap of US 101
right-of-way between the Pine Street Cutoff and Doyle Road outside the City, the City and the
County again agreed to make an adjustment to the City Limits to reduce confusion over jurisdiction
for responsibilities associated with the right-of-way. In this manner, there would be no gap in City
jurisdiction along US 101 from the eastern City Limits to the new western City Limits.
In each case the City will assume traffic control and, therefore, liability for the rights-of-way
incorporated into the City. A major reason for the adjustments is to accommodate new urban
developments through mitigation of resulting traffic impacts, particularly through lower speed limits.
In the case of Mt. Angeles Road, the City will also incur maintenance responsibilities. The City will
not incur maintenance responsibilities for US 101 until the City's population reaches 22,500, in
which case the City will be required to maintain all of US 101 throughout the City. Adding this
portion of US 101 represents perhaps a 10% increase in roadway.
Both the County and the Washington State Department of Transportation (WSDOT) have
reviewed this boundary adjustment and are in agreement with the actions.
Attachment: Ordinance
76
Washington State
Department of Transportation
I}ouulas B. MacDonald
Secretary of Transportation
January 31, 2005
Olympic Region Headquarters
5720 Capitol Boulevard, Tumwater
P.O Oox 47440
OlympJa, WA 98504-7440
360-357-2600
Fax 360-357-2601
"FRY: 1-800-833-6388
www.wsdot.wa gov
Mr. Brad Collins
City of Port Angeles
P,O. Box 1150
Port Angeles, WA 98362
Re: Ordinance to Adjust Corporate Boundary
Dear Mr. Collins:
The Washington State Department of Transportation (WSDOT) appreciates the
opportunity to review the ordinance to adjust the corporate boundary of the City of
Port Angeles to include a portion of Mt. Angeles Road and a portion of US 101
between Doyle Road and the Pine Street Cutoff.
The WSDOT has no objections regarding the proposed adjusted corporate boundary.
Sincerely,
WSDOT, Olympic Region
amc
ORDINANCE NO.
An ordinance adjusting the corporate boundary of the City of Port Angeles to
include a portion of Mt. Angeles Road, and a portion of US 101
between Doyle Road and the Pine Street Cutoff.
The City of Port Angeles, Washington, does hereby ordain as follows:
WHEREAS, the City of Port Angeles and the County of Clallam each have
jurisdiction over various portions of Mt. Angeles Road and of US 101; and
WHEREAS, current annexation law would have provided that all or none of a portion
of a road bordering an annexation to a city would become part of the city; and
WHEREAS, RCW 35A.21.210 authorizes a county and a code city located within the
county, by agreement, to revise the corporate boundary of the city with respect to roads on
the edge of the city boundary, and
WHEREAS, the City and County mutually desire to have the corporate boundary of
the City revised such that a portion of Mt. Angeles Road will be fully included within the
corporate limits and boundary of the City' as set forth in the attached Exhibit A;
WHEREAS, the City and County mutually desire to have the corporate boundary of
the City revised such that a portion of US 101 between Doyle Road and the Pine Street
Cutoff will be fully included within the corporate limits and boundary of the City as set forth
in the attached Exhibit B;
NOW, THEREFORE,
-1-
Section 1. IT IS HEREBY ORDAINED by the City Council of the City of Port
Angeles that the corporate boundary of the City of Port Angeles is hereby revised to
incorporate into the City of Port Angeles, for all purposes and with the same legal right,
liabilities, and obligations as if said road portions were being annexed into the City, that
portion of Mt. Angeles Road as described in the attached Exhibit A; and
Section 2. IT IS HEREBY ORDAINED by the City Council of the City of Port
Angeles that the corporate boundary of the City of Port Angeles is hereby revised to
incorporate into the City of Port Angeles, for all purposes and with the same legal right,
liabilities, and obligations as if said road portions were being annexed into the City, that
portion of US 101 between Doyle Road and the Pine Street Cutoff, as described in the
attached Exhibit B; and
Section 3 - Effective Date.
IT IS FURTHER ORDAINED that this ordinance shall be effective when a similar
ordinance or resolution is approved by the legislative body of Clallam County, unless such
ordinance or resolution has akeady been adopted by Clallam County, in which case the
ordinance shall be effective upon the adoption of this ordinance.
Section 4 - Severabilit¥. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance is declared unconstitutional or invalid for any reason, such decision
shall not affect the validity of the remaining parts of this ordinance.
Section 5 - Publication. This Ordinance shall be published as required by law.
PASSED by the City Council of the City of Port Angeles at a regular meeting of
-2-
said Council held on the 1st day of February, 2005.
ATTEST:
MAYOR
Becky J. Upton, City Clerk
APPROVED AS TO FORM:
William E. Bloor, City Attorney
PUBLISHED:
By Summary
G:iL~gai_B ackup\OIkDINANCES &RES OLLITIONSI20054) 1.Annex. Mt Angeles Rd & 101
PASSED: the day of ,2005.
APPROVED: the __ day of ,2005.
PUBLISHED: the __ day of ,2005.
FILED WITH THE COUNTY AUDITOR: the .__ day of ,2005.
FILED WITH STATE: the day of ,2005.
-3-
Mt. Angeles Road Right-of-Way Acquisition (Exhibit A)
All of Mount Angeles Road fight-of-way, County Road No. 34310, lying within the northeast
quarter of the southwest quarter of Section 14, Township 30 North, Range 6 West of the
Willamette Meridian, Clallam County, Washington, as shown on attached Exhibit B containing
1.07 acres more or less.
81
82
Western UGA Right-of-Way Acquisition - Doyle Road East (Exhibit B)
A portion of the south half of Section 9, Township 30 North, Range 6 West of the
Willamette Meridian, Clallam County, Washington, described as follows:
Beginning at the intersection of the west margin of Pine Street Cutoff and the south
margin of U.S. Highway 101; thence west along said south margin to the east margin of
Doyle Road; thence northerly along said east margin, and a prolongation thereof, to the
north margin of U.S. Highway 101 and the limits of the City of Port Angeles; thence east
along said north margin and said limits to the west margin of Pine Street Cutoff; thence
southerly to the Point of Beginning. Containing 19.05 acres more or less.
WASHINGTON, U.S.A.
CITY COUNCIL MEMO
DATE:
TO:
FROM:
SUBJECT:
FEBRUARY 1, 2005
CITY COUNCIL R~ Lf~
YVONNE ZIOMKOWSKI, FINANCE DI
REFINANCING OF BONDS
summary: Due to a favorable interest environment, it is now possible to refinance the City's
outstanding 1995 voted general obligation bonds as well as the 1995 Electric Utility bonds. The
purpose of the refinancing is to achieve a savings for the taxpayers and the Electric utility customers.
Included in the Electric Utility bonds is $925,000 to fund electric infrastructure projects.
Recommendation: Staff recommends the City Council adopt the ordinances accepting the offers
to purchase the refunding and revenue bonds and the unlimited tax general obligation refunding
bonds. Both refunding bonds will pay all expenses related to each refinancing.
Background / Analysis: In 1995, the City issued an unlimited tax (voted) general obligation
bonds to finance a new Library in the amount of $3,600,000, and Electric Utility revenue bonds in
the amount of $2,760,000 to finance infrastructure improvements. These bonds have maturity dates
in 2015 and 2025 respectively.
As a result of favorable market movements and call options in 2005, the City can realize a savings
by refunding the bonds. For the refinancing of the voted general obligation bonds, the City can
achieve almost 7% in savings. The normal savings for issuers through refinancing of municipal
bonds has been around 3-5%. The annual savings to the taxpayers is expected to be in the range of
$21,000 per year for the next 10 years. The savings that can currently be achieved for the 1995
Electric Utility bonds are around 11% or approximately $18,000 annually for the next 20 years.
During the process o frefinancing the bonds, new projects for the Electric Utility infrastructure were
identified. These projects include Ewha underground, extension of the electrical distribution system,
and two substations which amount to $925,000. It is cost and time effective to combine this amount
with the refinancing bonds instead of issuing separate revenue bonds.
The insurance for debt service is included. Due to the insurance, the bonds will receive a "Aaa"
rating, which will produce a net benefit to the City of approximately $18,000 for the G.O. Bond and
$77,000 for the Electric Revenue Bond verses selling the bonds without insurance. Moody's
Investors Services confirmed the City's rating for the general obligation bonds of"A2." At the time
85
of writing this memo, I have not had conformation of the rating for the Electric Utility revenue
bonds. I assume it will stay at "A3" as it was in 2001.
At the Council meeting of February 1, 2005, assuming interest rates are still favorable, Seattle-
Northwest Securities will present the City Council with a formal offer to purchase refunding bonds
to refinance the 1995 voted general obligation bonds providing a savings to the taxpayers of the City.
They will also present the Council with an offer to refinance the 1995 Electric Utility revenue bonds
and issue Electric Revenue bonds. By approving the bond ordinance, Council accepts the offer by
reference. The figures are subject to change and will depend on the February 1, 2005, market
condition.
Seattle-Northwest Securities was selected as an underwriter in the fall of 2001 through the bidding
process. From this time, they have assisted the City with refinancing three bonds (1991 and 1992
voted general obligation bonds as well as the 1992 Electric Utilitybonds) and have underwritten the
2003 Water Wastewater revenue bonds.
At the February 1, 2005, meeting, the Council will also be presented wi.th the Ordinances authorizing
the sale of the refunding bonds and the establishment of escrow agreements to accomplish the
refinancings. The Financial Advisor will present the Council with a report demonstrating that the
offer of Seattle-Northwest is competitive with or better than other bond issues of similar credit
quality sold in the market at or near the same time.
Since the refundings are very sensitive to upside interest movement, time is very important.
Usually, we adopt ordinances at the second meeting, however, due to extreme interest rate changes
on a daily basis, I am asking Council to adopt the ordinances at the meeting of February 1. The
longer we wait, the less savings we will realize. In the past, we have adopted bond ordinances at the
first meeting.
Staff recommends the Council adopt the Ordinances accepting the offers to pumhase the bonds.
86
Steve Gaidos Consulting, LLC
Municipal Financial Advisory Services
City of Port Angeles
$3,185,000
Electric Utility Refunding and Revenue Bonds, 2005
and
$2,345,000
Unlimited Tax General Obligation Refunding Bonds, 2005
Pricing Report
February 1,2005
Back~ound:
In July 2001, a Request for Proposals was distributed
to n/ne different underwriting firms to select an
underwriter for the City's bonds. Through a careful
review of the proposals, Seattle-Northwest Securities
Corporation was selected based on experience;
underwriting capability and the proposed under~vriting
fee to be charged for the service. US Bank Piper
Jaffray was runner up among the three other
responses that included D.A. Davidson & Co. and
Bane of America Securities, LLC. Due to the timing
sensitivity of timing for refunding transactions and the
past performance and experience of Seattle-Northwest
on the City's bond issues, it was advisable and we
recommended the continued use of Seattle-Northwest
Securities for these refunding issues.
An official statement was prepared for the sale of each
of the Bonds and a rating was requested from
Moody's Investors Service. Municipal bond insurance
was also sought for the debt service payments for the
issue and a surety policy was also sought for the debt
service reserve requirement. Approval for insurance, if
purchased, would provide the Bonds with the highest
investment grade rating of "AAA". The firms
providing insurance for municipal bonds are Ambac,
FGIC, XL Capital and FSA insurance companies. An
application for insurance approval and for premium
bids ~vere sent to each of these firms. Thc low bidder
for both bond issues was XL Capital.
With an AAA rating the City would receive a lower
interest rates for its Bonds than ir ~vould on its own
credit rating. If the reduction in rates is enough to
produce a debt service savings that offsets the cost of
the insurance premium paid, there is economic benefit
to the City and the insurance is acquired for the
Bonds. If there is no economic benefit, the
insurance is refused and the Bonds are sold on the
City's rating alone.
The reserve requirement for the Electric Utility Bond
issue is $228,000. The premium for the surety policy
for the reserve requirement is 3.5% of its total value
or $7,982. This policy is in place of funding the
reserve requirement from Bond proceeds, which
would increase the size of the issue and also increase
the annual debt service. Additionally, thc surety
allows the Ciw to avoid the arbitrage rebate issues
associated with a cash funded reserve, which could
save the City time and money over the life of the
Electric Utility issue. The surety will be in place as
long as the Bonds are outstanding. There is no
reserve requirement for the Unlimited Tax General
Obligation Bonds.
The City's UTGO debt is rated A-2 by Moody's. The
City's Electric Utility debt has been rated A-3 by
Moody's, a favorable rating for city Electric Utility
Revenue Bonds. Comparing the interest rates for
bonds rated AAA to those of an A-2 rated UTGO
bond and to those of an A-3 rated Electric Revenue
Bond demonstrates the City gains approximately
$30,000 in economic benefit from the use of
insurance for the UTGO and $73,800 for the Electric
Revenue Bonds, even after the payment of the
insurance premium. See Attachment 8 and 9.
Consequently, the Bonds were sold with the
insurance of XL Capital for the UTGO, the firm
submitting the lowest premium bid.
Refunding bonds are very interest rare sensitive. A
small change in rates can make a significant
difference in the savings that can be achieved.
Consequently, it is important to be able to take
advantage of favorable market conditions when the
situation arises. The current market conditions are
favorable but very volatile. Movements in interest
rates have exceeded .1% in a day's time, which is
enough to make or break many refunding attempts.
Once the official statement was completed and the
rating and insurance obtained, it was prudent to bring
the issues to market as quickly as possible to take
advantage of the favorable interest rates. Most
economic pundits agree that interest rates are going to
rise and particularly for the UTGO, capturing the
lower rate is critical. Consequently the need for a
quick sale of the Bonds.
For the past seven days, Seattle-Northwest Securities
has been in the bond market working to sell the City's
issues. On Monday, a pre-pricing conference call was
held between the City, Financial Ad,/~sor and Seattle-
Northwest to determine the likely interest rates and
pricing structure that Seattle-Northwest would use
during the "order period" or during period in which
investors place their orders for bonds. A pricing
structure were agreed upon which all believed would
present the City with very attractive market rates for
these Bonds.
A final pricing conference call was held at 6:30AM this
morning to confirm the final interest rates that would
be presented to the investors. The order period
commenced at 7:00 AM and ran for three hours
during which investors placed orders for the City's
Bonds. Term bonds were inserted for the Electric
Revenue bonds which had very httle impact on our
original structure or the savings . At the end of the
order period the Bonds were sold to investors
Due to the complex nature of refunding transactions
involving the estabhshment of an escrow of invested
securities which pay for the refunded bonds and the
requirement to meet Treasury regulations regarding
the allowable interest that can he earned from bond
proceeds, calculations have to be verified by a
qualified accountant. Calculations made by Seatde-
Northwest as part of their responsibility in the
refunding transactions, were immediately submitted m
Grant Thornton, LLP for verification of accuracy and
compliance. Once approval was received, the sale of
the Bonds could be concluded.
The committed yields of the City's bonds compare
very favorably to other bond issues recently sold with
similar credit characteristics. See Attachment 7.
Seatde-Northwest is presenting the City Council its
offer to purchase the Bonds based on the interest
rates and pricing structure at which the Bonds were
sold to the investors. Once accepted by the City
Council by passage of the Bond Ordinance, the sale
is completed and the interest rates are locked in.
Settlement will take place on or about February 15, at
which time the City v/ti rec(~ve funds for the projects
of the Electric Utihty, the costs of issuance will be
paid and the remainder of the funds will be invested
in Treasury securities and placed in escrow to
accomplish the refundings. Prior to settlement, final
legal documents are prepared. The Bonds Will be
printed and Bond Counsel will provide their legal
opinion regarding the validity of the issuance and the
tax exemption of the issue.
Objectives:
Our objective for the City's financing was to obtain
competitively priced bond issue in a favorable market
and to minimize the cost to the City in terms of
issuance costs and debt repayment.
Results:
The City has obtained a market competitive proposal
from Seattle-Northwest Securities. The all-inclusive
interest cost (AIC) is 4.28% for the Electric Ufilfiy
Bonds and 3.70% for the UTGO. The difference is
due to the length of the issue and the facts that full
faith and credit tax backed issues with better
underlying ratings sell at lower interest rates. The
AIC includes all costs of issuance in the calculation
of the rate.
Recommendation:
Steve Gaidos Consulting, LLC recommends the City
accept the offer of Seattle-Northwest Securities at its
February I, 2005 council meeting. The rate
represents a fa/r and competitive market rate for the
bonds in a market that is expected to see rising
interest rates over time. The City is fortunate to be
financing at this time.
Attachments:
Attachment 1: demonstrates the annual and semi-
annual debt service and savings of the UTGO
Refunding Bonds.
Attachment 2: presents the annual and semi annual
debt service and savings of the Refunding portion of
the Electric Utility Bonds.
2
Attachment 3: presents the sources and uses of funds
in the UTGO transaction.
Attachment 4: presents the sources and uses of funds
in the Electric Utihty transaction. The sources and
uses are allocated to the respective purposes of the
issue, refunding and new project proceeds.
Attachment 5: demonstrates the total Electric Utility
debt service after the issuance of the new Bonds.
Attachment 6: provides a graph of key market
indicators over the past year. Tine chart demonstrates
that over the past year rates have remained relatively
constant except for the dip in the spring and rise in
the summer of this last year.
Attachment 7: compares the City's issue to other
comparable issues sold in the past few days and also
compared to a national index of yields (MMD) for Aaa
rated bonds. The index is representative of general
obligation bonds but the general relation ship holds
for revenue issues such as the Electric Utility bonds,
but approximately .05% higher each year for such
bonds that have the same rating. The index for the
past 7 days increased approximately .02-.04% for each
maturity during the first 7 years and has decreased
.02% over the remainder of the maturity range. Given
those increases, the City's issue compares very
favorably to other insured bond issues that have sold
within the last ~veek. There were no utility issues that
were comparable to the City's bonds.
Attachment 8& 9: Provides an analysis of the benefit
of using municipal bond insurance for the issues. The
benefit is demonstrated by the difference in present
value savings with and without insurance. If the
savings is greater for the insured issue, there is
economic benefit to the City through the use of
insurance. This analysis is provided by Seattle
Northwest Securities. As Financial Advisor, I concur
with the analysis.
Financial markets:
The following comments were made about the bond
markets over the past few days. The information is
provided to give the City a sense of the market
conditions at the time of the sale of the bonds.
Bonds trade mixed, dollar inches up
Long-term Treasunes rise on low inflation; greenback gains
strength but/acks c/ear direclion.
January 31, 2005:4:19 PM EST
New York (CNN/Money) - The dollar was slightly
stronger while bond prices traded mixed on Monday
as subdued inflation data supported longer-dated
securities.
In late afternoon trading, the dollar bought ¥103.64,
up from ¥103.37 late Friday. The euro bought
$1.3028, down from $1.3043.
The benchmark 10-year note rose 3/32 of a point to
100-29/32 to yield 4.13 percent, up from 4.14
percent late Friday.
The 30-year bond gained 10/32 to 111-28/32 to yield
4.59 percent, down from 4.6I percent late Friday.
Bond prices and yields move in opposite directions.
The five-year note stood unchanged at 99-21/32 to
yield 3.70 percent, while the two-year lost a tick at 99-
22/32 to yield 3.28 percent.
In the currency market, the U.S. currency fluctuated
in tight ranges ahead of the upcoming Federal
Reserve's policy setting committee meeting and a
Group of Seven finance ministers and central
bankers' gathering on Friday and Saturday.
Some economic news also puzzled bond traders, as
Midwest manufacturers fared better than expected in
January, but new home sales proved surprisingly
weak in December, neutralizing the market's reaction.
Another report on personal income and consumption
showed inflation was well contained, lessening the
chances that the Federal Reserve would be forced to
hike interest rates more aggressively.
"With the Fed expected to go another 25 basis points
on Wednesday and still-tame inflation reports, we are
just seeing more of the same flattening trend," said
Mary Ann Hurley, vice president of fixed-income
trading at D.A. Davidson & Co. in Seattle,
Washington.
The Fed meets on Tuesday and Wednesday to set
monetary policy and is widely expected to raise its
benchmark federal funds rate a quarter percentage
point to 2.50 percent. Interest rate futures have also
priced in hikes at the two following meetings.
Bond prices initially dipped after the Chicago
purchasing management index rose to 62.4 in January
from 61.9 in December. Analysts had looked for a
fa]l to 60.0. The employment index also ticked up to
52.8 after it dropped to a revised 51.1 in December,
though the prices paid index declined.
However, figures on new home sales were much
weaker than expected, especially after downward
revisions to previous months. Sales ran at a 1.098
mill/on pace in December, below the recovery to 1.20
million analysts had forecast.
"The bond market's reaction has been relatively
subdued since we have ISM tomorrow," said Steve
Gallagher, economist at SG Cowen Securities,
referring to the Institute for Supply Management's
national factory gauge.
"The housing numbers were weaker than expected
and that's two months in a row. Maybe we're finally
getting a sign that housing is moderating a bit."
Steve Gaidos, Manager
Attachment 1
$2,345,000
Unlirrdted Tax General Obligation Refunding Bonds, 2005
Savings Report
Date
Present Value
Prior Refun&ng Annual to 02/15/2005
Debt Service Debt Service Savings Savings ~ 3.4i 18133%
$ 59,885.00 $ 17,997.22 $ 41,887.78 $ 41,589.68
59,885.00 87,625.00 (27,740.00) $ 14,147.78 (27,080.62)
59,885 .t30 4I ,950.00 17,935.00 17,215.01
234,885.00 231,950.00 2,935.00 20,870.00 2,769.92
55,685.00 39,100.00 16,585.00 15,389.66
240,685.00 239,100.00 1,585.00 18,170.00 1,446.09
51,152.50 36,I00.00 15,052.50 13,502.99
246,152.50 241,I00.00 5,052.50 20,105.00 4,456.37
46,277.50 33,025.00 13,252.50 I1,492.82
256,277.50 248,025.00 8,252.50 21,505.00 7,036.69
40,922.50 29,800.00 11,122.50 9,324.79
260,922.50 254,800.00 6,122.50 17,245.00 5,046.84
35,202.50 25,300.00 9,902.50 8,025.81
265,202.50 255,300.00 9,902.50 19,805.00 7,891.20
29,165.00 20,700.00 8,465.00 6,632.52
274,165.00 265,700.00 8,465.00 16,930.00 6,521.28
22,550.00 15,800.00 6,750.00 5,112.85
282,550.00 270,800.00 11,750.00 18.500.00 8,750.87
15,400.00 10,700.00 4,700.00 3,441.64
285,400.00 270,700.00 14,700.00 19,400.00 10,583.72
7,975.00 5,500.00 2,475.00 1,752.06
297,975.00 280,500.00 17,475.00 19,950.00 12,163.14
5/1/2005
11/1/2005
5/1/2006
1I/1/2006
5/1/2007
I1/1/2007
5/1/2008
11/1/2oo8
5/1/2009
11/1/2009
8/1/2OLO
11/1/2010
5/1/2011
11/1/2011
5/1/2012
1i/1/2o~2
5/1/2013
11/1/2013
5/1/2014
11/1/2014
5/1/2015
11/1/2015
$3,128,200.00 $2,921,572.22 $206,627.78
Savings Summary
PV of Savings from cash flow
Plus: Refunding funds on hand
Net PV savings
$ 206,627.78
$173,065.34
3,244.24
$179,309.58
173,065.33
Attachment 2
$2,235,000
Electric Revenue Refunding Bonds, 2005
Savings Report
Prior Refunding
Debt Service Debt Service
Savings
Present Value
to 02/15/2005
~ 4.0920618%
09/01/2005 $139,305.00 $116,869.86 $22,435.14 $23,339.79
09/01/2006 199,305.00 158,987.50 40,317.50 38,404.03
09/01/2007 201,065.00 156,737.50 44,327.50 40,487.61
09/01/2008 202,490.00 t59,487.50 43,002.50 37,720.80
09/01/2009 203,535.00 162,087.50 41,447.50 34,916.57
09/01/2010 204,260.00 159,537.50 44,722.50 36,132.55
09/01/201I 204,620.00 161,137.50 43,482.50 33,737.19
09/01/2012 204,605.00 162,537.50 42,067.50 31,344.82
09/01/2013 204,205.00 158,737.50 45,467.50 32,494.18
09/01/2014 203,410.00 159,937.50 43,472.50 29,835.05
09/01/2015 202,310.00 160,937.50 41,372.50 27,266.65
09/01/2016 200,905.00 157,000.00 43,905.00 27,754.96
09/01/2017 204,195.00 163,062.50 41,132.50 24,968.11
09/01/2018 201,875.00 158,692.50 43,182.50 25,143.83
09/01/2019 204,187.50 159,092.50 45,095.00 25,189.18
09/01/2020 200,885.00 159,292.50 41,592.50 22,304.11
09/01/2021 202,275.00 159,292.50 42,982.50 22,110.93
09/01/2022 203,050.00 159,027.50 44,022.50 21,724.23
09/01/2023 203,210.00 158,492.50 44,717.50 21,168.94
09/01/2024 202,755.00 157,612.50 45,142.50 20,499.92
09/01/2025 201,685.00 156,450.00 45,235.00 19,704.52
$4,194,132.50 $3,305,009.86
Savings Summary
PV of Savings from cash flow
Less: Prior funds on hand
Plus: Refunding funds on hand
Net PV savings
$889,122.64
$596,247.96
(234,539.05)
583.84
$362,292.75
$596,247.97
Attachment 3
$2,345,000
Unlimited Tax General Obligation Refunding Bonds, 2005
Sources and Uses
SOURCES OF FUNDS
Par Amount of Bonds
Reo ffering Premium
$ 2,345,000.00
62,201.35
TOTALSOURCES
$ 2,407,201.35
USES OF FUNDS
Total Underwriting Fees
Financial Advisor
Bond Counsel
Rating Agency Fee
POS/Official Statement
Gross Bond Insurance Premium ( 33 bp)
Escrow Verification
Escrow Trustee
Deposit to Escrow
Additional Proceeds
14,046.55
4,940.00
7,I00.00
5,300.00
4,500.00
9,641.19
2,000.00
750.00
2,355,679.37
3.244.24
TOTAL USES
$ 2,407,201.35
Attachment 4
$3,185,000
Electric Revenue and Refunding Bonds, 2005
Sources and Uses
Bond Proceeds:
Par Amount
Original Issue Discount
Premium
Uses:
Proiect Fund Deposits:
Project Fund
Cash Deposit
SLG Purchases
New Money Refunding
Portion Pordon
Total
$950,000.00 $2,235,000.00 $3,185,000.00
(6,511.45) (16,057.95) (22,569~40)
7,533.60 16,748.90 24,282.50
$951,022.15 $2,235,690.95 $3,186,713.10
$925,000.00
$ 925,000.00
69,653.74 69,653.74
2,341,250.00 2,341,250.00
Del]very Date Expenses:
Cost of Issuance 8,539.09
Underwriter's Discount 5,928.00
Bond Insurance OLLCA ~ 0.45%) 6,294.07
Surety Policy (XLCA ~ 3.5% of DSRF) 2,358.25
Other Uses of Funds:
Additional Proceeds
24,360.9I 32,900.00
I3,946.40 19,874.40
14,807.62 21,101.69
5,630.49 7,988.74
23,119.41 2,469,649.16 3,417,768.57
2,902.74 583.84 3,486.58
$951,022.15 $2,470,233.00 $3,421,255.15
Attachment 5
$3,185,000
Electric Revenue and Refunding Bonds, 2005
Aggregate Debt Service After Issuance
Electric Electric
Revenue Bonds, Revenue Re£
Period 2005(New Bonds, 2005 2001 Electric Unrefunded
Ending Money) (Re£ 95) Revenue Bonds Bonds
09/01/2005 $39,815.06 $116,869.86 $201,572.50
09/01/2006 70,795.00 158,987.50 I98,580.00
09/01/2007 69,745.00 156,737.50 200,350.00
09/01/2008 68,695.00 159,487.50 196,750.00
09/01/2009 72,645.00 I62,087.50 192,900.00
09/01/2010 71,445.00 159,537.50 198,950.00
09/01/2011 69,845.00 161,137.50 199,495.00
09/01/2012 68,245.00 162,537.50 194,090.00
09/01/2013 71,645.00 158,737.50 193,685.00
09/01/2014 69,845.00 159,937.50 198,045.00
09/01/2015 73,045.00 160,937.50 191,935.00
09/01/2016 71,170.00 157,000.00 195,825.00
09/01/2017 69,295.00 I63,062.50 199,245.00
09/01/2018 72,395.00 t58,692.50 196,895.00
09/01/2019 70,195.00 159,092.50 199,300.00
09/01/2020 72,995.00 159,292.50 196,215.00
09/01/2021 70,595.00 I59,292.50 192,885.00
09/01/2022 68,165.00 159,027.50 199,310.00
09/01/2023 70,705.00 158,492.50
09/01/2024 72,975.00 157,612.50
09/01/2025 156,450.00
Aggregate
Debt Service
$63,240.00
$421,497.42
428,362.50
426,832.50
424,932.50
427,632.50
429,932.50
430,477.50
424,872.50
424,067.50
427,827.50
425,917.50
423,995.00
431,602.50
427,982.50
428,587.50
428,502.50
422,772.50
426,502.50
229,197.50
230,587.50
I56,450.00
$1,384,255.06 $3,305,009.86 $3,546,027.50
$63,240.00 $8,298,532.42
Attachment 6
One Year Rate History
6.00%
5.50%
- 3.50%
3.00%
- 2.50%
2.00%
Date
10
Type
Cornp/Neg
lnsuted
Rating/Underlying
Sale Date
BQ
Attachment 7
Comparable Sales
Round Rock, TX Sedro-WooleySD
UTGO UTGO
$19,915,000 $1,525,000
Neg Neg
Yes Yes
Aaa/AA3 Aaa/A
1/24/2005 1/24/2005
Yes Yes
Due 8/1 Due 12/1
YEAR Rate Yield Rate Yield
2005 2.25% 2.05% 2.00%
2007 2.75% 2.44% 3.00%
2009 3.00% 2.81% 3.25%
20ll 4.25% 3.20% 4.00%
2013 5.00% 3.53% 4.00%
2015 5.00% 3.74% 4.00%
2017 5.00% 3.91%
2019 5.00% 4.04%
2021 4.25% 4.27%
2023
2025
Renton SD
UTGO
$72,000,000
Neg
Yes
Aaa/AA1
1/24/2005
No
Due 12/1
Rate Yield
$4,830,000
Neg
Yes
AAA/AA
1/31/2005
Yes
Due 6/1
Rate Yield
2.18% 3.50% 2.25% 3.00%
2.54% 3.00% 2.57%. 3.00%
2.96% 5.00% 2.98% 3.00%
3.27% 5.00% 3.31'70 4.00%
3.53% 5.00% 3.58% 4.00%
3.73% 5.00% 3.76% 4.00%
City of
McKenzie SD, OR Port Angeles
UTGO UTGO Ref
$2,345,000
Neg
Yes
Aaa/A2
2/1/2005
Yes
Due 11/1
Rate Yield
2.00% 3.00% 2.20% 3.00%
2.45% 3.00% 2.58% 3.00%
2.80% 3.00% 2.95% 3.00%
3.13% 4.00% 3.26% 4.00%
3.38% 4.00% 3.51% 4.00%
3.56% 4.00% 3.69% 3.75%
4.00% 3.75%
City of
Port Angeles
Electric Rev & Ref
$3,810,000
Neg
Yes
Aaa/A3
2/1/2005
Yes
Due 9/1
Rate Yield
2.30%
2.63%
3.05%
3.36%
3.61%
3.79%
3.80% 3.93%
4.00% 4.10%
4.05% 4A6%
4.20% 4.28%
4.30% 4.40%
11
With Insurance
Sources of Funds
Bond par amount
Net premium/discount
Total Sources
Uses of Funds
Escrow cost
Bond insurance
Other costs and addl. Proceeds
Total Uses
PV of refunding sa,rings
Total Savings
Percent of refunded bonds
True Interest Cost
Avarage Annual Debt Service
Insurance premium
(% of debt service)
Attachment 8
$2,345,000
Un~mited Tax GeneralObhgation Refunding Bonds, 2005
Insurance Benefit
$2,345,000
62,201
$2,407,20I
Without Insurance
Sources of Funds
Bond par amount
Net premium/discount
Total Sources
$2,355,679
9,641.00
$ 41,881
$2,407,20I
Uses of Funds
Escrow cost
Bond insurance
Other costs and addl. Proceeds
Total Uses
$ 176,310
$ 2O6,628
7.73%
3.52%
$ 272,761
0.33%
PV of refunding savings
Total Savings
Percent of refunded bonds
True Interest Cost
Avarage Annual Debt Service
Insurance premium
$2,370,000
29.218
$2,399,218
$2,355,679
43.538
$2,399,217
151,241
176,623
6.63%
3.69%
275,562
NA
12
With Insurance and Cash Reserve
Sources of Funds
Bond par amount
Net premium
Existing reserve
Total Sources
Uses of Funds
Escrow cost
Bond insurance
Surety po[icy
Project fund
Cash reserve
Other Costs & Addl. Proceeds
Total Uses
PV of debt service savings
Less: prior funds on hand
Plus: PV of cash reserve
Plus: Additional Proceeds
Total PV savings
Percent of refunded bonds
True Interest Cost
Average annual debt service
Insurance rate
(% of debt set'v/ce)
Attachment 9
3,425,000
2,083
410,221)
3,837,303
2,410,904
22,711
0
925,000
421,340
57.348
3,837,303
428,189
(234,539)
148,289
952
342,891
14,9%
4.13%
245,659
0.45%
With Insurance and Surety Policy for New Bonds
Without Insurance and With Cash Reserve
Sources of Funds
Bond par amount 3,405,000
Net premium 1,680
Existing reserve 410,221)
Total Sources 3,816,900
Sources of Funds
Bond par amount 3,180,000
Net premium 1,716
Existing reserve 410,220
Total Sources 3,591,936
Uses of Funds
Escrow cost 2,410,904
Bond insurance 0
Surety policy 0
Project fund 925,000
Cash reserve 426,152
Other Costs & Addl. Proceeds 54,845
Total Uses 3,816,900
Uses of Funds
Escrow cost 2,410,904
Bond insurance 21,102
Surety po[icy 7,989
Project fund 925,000
Cash reserve 175,681
Other Costs & Addl. Proceeds 51,26!
Total Uses 3,591,936
PV of debt serv/ce savings
Less: prior funds on hand
Plus: PV of cash reserve
Plus: Additional Proceeds
Total PV savings
Percent of refunded bonds
True Interest Cost
Average annual debt service
Insurance assumption
(% of debt semce)
PV of debt service savings 596,248
Less: prior funds on hand (234,539)
Plus: PV of cash reserve 0
Plus: Additional Proceeds 584
Total PV savings 362,293
Percent of refunded bonds I5.7%
True Interest Cost 4.16'7o
Average annual debt service 228,250
Insurance rate 0.45%
(% of debt service)
373,250
(234,539)
149,982
(i9~
288,495
12.5%
4.35%
250,471
NA
13
CITY OF PORT ANGELES, WASHINGTON
UNLIMITED TAX GENERAL OBLIGATION REFUNDING BONDS, 2005
ORDINANCE NO.
AN
ORDINANCE of the City of Port Angeles, Washington,
authorizing the issuance and sale of unlimited tax general
obligation refunding bonds of the City in the aggregate principal
amount of $2,345,000 to refund certain outstanding unlimited tax
general obligation bonds of the City; authorizing the appointment
of an escrow agent and the execution of an escrow agreement
related to such refunding; providing the date and form of said
bonds; providing for the disposition of the bond proceeds;
providing for the annual levy of taxes to pay the principal of and
interest on the bonds; and approving the sale of the bonds.
PASSED: February 1, 2005
Prepared by:
PRESTON GATES & ELLIS LLP
Seattle, Washington
Section 1.
Section 2.
Section 3.
Section 4.
Section 5.
Section 6.
Section 7.
Section 8.
Section 9.
Section 10.
Section 11.
Section 12.
Section 13.
Section 14.
Section 15.
Section 16.
Section 17.
Section 18.
TABLE OFCONTENTS*
Page
Definitions ............................................................................................................... 2
Authorization of Bonds ........................................................................................... 4
Registration, Exchange and Payments .................................................................... 5
Redemption; Purchase of Bonds ............................................................................. 8
Form of Bonds ......................................................................................................... 8
Execution of Bonds ............................................................................................... 10
Pledge of Taxes and Credit ................................................................................... 11
Defeasance ............................................................................................................. 11
Tax Covenants; Special Designation ..................................................................... 11
Refunding Account and Call for Redemption of Refunded Bonds ....................... 12
Sale of Bonds ......................................................................................................... 14
Official Statement .................................................................................................. 14
Undertaking to Provide Ongoing Disclosure ........................................................ 14
Bond Insurance ...................................................................................................... 17
Lost or Destroyed Bonds ....................................................................................... 19
General Authorization ........................................................................................... 19
Severability ............................................................................................................ 19
Effective Date ........................................................................................................ 20
* Neither this Table of Contents nor the preceding cover page is a part of this ordinance.
ORDINANCE NO.
AN ORDINANCE of the City of Port Angeles, Washington,
authorizing the issuance and sale of unlimited tax general
obligation refunding bonds of the City in the aggregate principal
amount of $2,345,000 to refund certain outstanding unlimited tax
general obligation bonds of the City; authorizing the appointment
of an escrow agent and the execution of an escrow agreement
related to such refunding; providing the date and form of said
bonds; providing for the disposition of the bond proceeds;
providing for the annual levy of taxes to pay the principal of and
interest on the bonds; and approving the sale of the bonds.
WHEREAS, the City of Port Angeles, Washington (the "City"), now has outstanding
$2,445,000 principal amount of its unlimited tax general obligation bonds issued under date of
November 15, 1995 (the "1995 Bonds"), pursuant to Ordinance No. 2892 of the City, passed on
October 17, 1995, and Resolution No. 26-95 of the City Council adopted on November 7, 1995
(together, the "1995 Bond Ordinance"), as follows:
Maturities
(November 1)
Principal Amounts
Interest Rates
2005 $165,000 4.70%
2006 175,000 4.80
2007 185,000 4.90
2008 195,000 5.00
2009 210,000 5.10
2010 220,000 5.20
2011 230,000 5.25
2012 245,000 5.40
2013 260,000 5.50
2014 270,000 5.50
2015 290,000 5.50
; and
WHEREAS, Ordinance No. 2892 authorizes the defeasance and redemption of the 1995
Bonds maturing on and after November 1,2006, on and after November 1, 2005 (in whole or in
part on any date), at a price of par plus accrued interest, if any, to the date of redemption; and
WHEREAS, after due consideration it appears to the City Council of the City (the
"Council") that the callable portions of the 1995 Bonds may be refunded by the issuance and sale
of its unlimited tax general obligation reftmding bonds to effect a savings to the City and its
taxpayers; and
WHEREAS, to effect such refunding most advantageously to the City and its taxpayers, it
is hereby found necessary and advisable that an escrow agent be appointed and that certain
Government Obligations be purchased from proceeds of sale of the refunding bonds and certain
money of the City; and
WHEREAS, it appears to the Council that it is in the best interests of the City and its
taxpayers that the Bonds be sold to Seattle-Northwest Securities Corporation on the terms set
forth herein;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ANGELES,
WASHINGTON, DO ORDAIN, as follows:
Section 1. Definitions. The following words and terms as used in this ordinance shall
have the following meanings for all purposes of this ordinance, unless some other meaning is
plainly intended.
Acquired Obligations means the Government Obligations acquired by the City under the
terms of this ordinance and the Escrow Agreement to effect the defeasance and refunding of the
Refunded Bonds.
Beneficial Owner means the beneficial owner of all or a portion of a Bond while such
Bond is in fully immobilized form.
Bond Fund means the General Obligation Bond Redemption Fund maintained by the
City.
Bond Insurance Policy means the municipal bond insurance policy issued by the Insurer
insuring the payment when due of the principal of and interest on the Bonds as provided therein.
Bond Register means the registration records for the Bonds maintained by the Bond
Registrar.
Bond Registrar means the fiscal agency of the State of Washington in New York, New
York, whose duties include registering and authenticating the Bonds, maintaining the Bond
Register, transferring ownership of the Bonds, and paying the principal of and interest on the
Bonds.
Bonds mean the $2,345,000 principal amount of City of Port Angeles, Washington,
Unlimited Tax General Obligation Bonds, 2005, issued pursuant to this ordinance.
City means the City of Port Angeles, Washington, a municipal corporation duly organized
and existing under the laws of the State of Washington.
Code means the Internal Revenue Code of I986, as amended, together with
corresponding and applicable final, temporary or proposed regulations and revenue rulings issued
or amended with respect thereto by the United States Treasury Department or the Internal
Revenue Service, to the extent applicable to the Bonds.
Commission means the Securities and Exchange Commission.
Council means the City Council as the general legislative authority of the City.
DTC means The Depository Trust Company of New York, as depository for the Bonds,
or any successor or substitute depository for the Bonds.
Escrow Agent means U.S. Bank Trust National Association.
Escrow Agreement means the Escrow Deposit Agreement to be entered into by the City
and the Escrow Agent pursuant to Section 7 of this ordinance.
Finance Director means the duly qualified, appointed and acting Finance Director of the
City or any other officer who succeeds to the duties now delegated to that office.
Government Obligations means those obligations now or hereafter defined as such in
Chapter 39.53 RCW, as such chapter may be hereafter amended or restated.
Insurer means XL Capital Assurance Inc., a stock insurance company incorporated under
the laws of the State of New York, or any successor thereto or assignee thereof, as issuer of the
Bond Insurance Policy.
Letter of Representations means a blanket issuer letter of representations from the City to
DTC dated September 23, 1998.
MSRB means the Municipal Securities Rulemaking Board or any successor to its
functions.
1995 Bond Ordinance means Ordinance No. 2892, passed by the Council on October 17,
1995, and Resolution No. 26-95 of the Council adopted on November 7, 1995.
1995 Bonds means the City of Port Angeles, Washington, Unlimited Tax General
Obligation Bonds, 1995, issued pursuant to the 1995 Bond Ordinance under date of
November 15, 1995, in the original principal amount of $3,600,000.
NRMSIR means a nationally recognized municipal securities information repository.
Refunded Bonds means the 1995 Bonds maturing on and after November 1, 2006.
Refunding Account means the account by that name established within the Bond Fund
and maintained by the Escrow Agent pursuant to Section 10 of this ordinance.
Registered Owner means the person named as the registered owner ora Bond in the Bond
Register. For so long as the Bonds are held in book-entry only form, DTC shall be deemed to be
the sole Registered Owner.
Rule means the Commission's Rule 15c2-12 under the Securities Exchange Act of 1934,
as the same may be amended from time to time.
$ID means a state information depository for the State of Washington.
Underwriter means Seattle-Northwest Securities Corporation.
In this ordinance, unless the context othe~vise requires:
(a) The terms "hereby," "hereof," "hereto," "herein, "hereunder" and any similar
terms, as used in this ordinance, refer to this ordinance as a whole and not to any particular
article, section, subdivision or clause hereof, and the term "hereafter" shall mean after, and the
term "heretofore" shall mean before, the date of this ordinance;
(b) Words of the masculine gender shall mean and include correlative words of the
feminine and neuter genders and words importing the singular number shall mean and include
the plural number and vice versa;
(c) Words importing persons shall include firms, associations, partnerships (including
limited partnerships), trusts, corporations and other legal entities, including public bodies, as well
as natural persons;
(d) Any headings preceding the text of the several articles and Sections of this
ordinance, and any table of contents or marginal notes appended to copies hereof, shall be solely
for convenience of reference and shall not constitute a part of this ordinance, nor shall they affect
its meaning, construction or effect; and
(e) All references herein to "articles," "sections" and other subdivisions or clauses are
to the corresponding articles, sections, subdivisions or clauses hereofi
Section 2. Authorization of Bonds. For the purpose of refunding the Refunded
Bonds and thereby effecting a savings to the City and its taxpayers, the City shall issue its
unlimited tax general obligation refunding bonds in the aggregate principal amount of
$2,345,000 (the "Bonds"). The Bonds shall be designated the "City of Port Angeles,
Washington, Unlimited Tax General Obligation Bonds, 2005" (the "Bonds"); shall be dated as of
the date of their initial delivery to the Underwriter; shall be fully registered as to both principal
and interest; shall be in the denomination of $5,000 each, or any integral multiple thereof,
provided that no Bond shall represent more than one maturity; shall be numbered separately in
such manner and with any additional designation as the Bond Registrar deems necessary for
purposes of identification; and shall bear interest from their date payable on the first days of each
May and November, commencing on May 1, 2005 at the following per annum interest rates and
mature on November 1 of the following years in the following principal amounts:
Maturity Years
(November 1)
Principal Amounts
Interest Rates
2005 $ 45,000 3.00%
2006 190,000 3.00
2007 200,000 3.00
2008 205,000 3.00
2009 215,000 3.00
2010 225,000 4.00
2011 230,000 4.00
2012 245,000 4.00
2013 255,000 4.00
2014 260,000 4.00
2015 275,000 4.00
Section 3. Registration, Exchange and Payments.
(a) Bond Registrar/Bond Register. The City hereby specifies and adopts the
system of registration and transfer for the Bonds approved by the Washington State Finance
Committee from time to time through the appointment of state fiscal agencies, currently
including The Bank of New York in New York, New York (the "Bond Registrar"). The City
shall cause the Bond Register to be maintained by the Bond Registrar. So long as any Bonds
remain outstanding, the Bond Registrar shall make all necessary provisions to permit the
exchange or registration of transfer of Bonds at its principal corporate trust office. The Bond
Registrar may be removed at any time at the option of the City upon prior notice to the Bond
Registrar, DTC, each NRMSIR and SID, if any, and a successor Bond Registrar appointed by the
City. No resignation or removal of the Bond Registrar shall be effective until a successor shall
have been appointed and until the successor Bond Registrar shall have accepted the duties of the
Bond Registrar hereunder. The Bond Registrar is authorized, on behalf of the City, to
authenticate and deliver Bonds transferred or exchanged in accordance with the provisions of
such Bonds and this ordinance and to carry out all of the Bond Registrar's powers and duties
under this ordinance. The Bond Registrar shall be responsible for its representations contained in
the Certificate of Authentication on the Bonds.
(b) Registered Ownership. The City and the Bond Registrar may deem and
treat the Registered Owner of each Bond as the absolute owner for all purposes, and neither the
City nor the Bond Registrar shall be affected by any notice to the contrary. Payment of any such
Bond shall be made only as described in Section 3(h) hereof, but such Bond may be transferred
as herein provided. All such payments made as described in Section 3(h) shall be valid and shall
satisfy the liability of the City upon such Bond to the extent of the amount or amounts so paid.
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(c) DTC Acceptance/Letter of Representations. The Bonds shall initially be
held in fully immobilized form by DTC acting as depository. To induce DTC to accept the
Bonds as eligible for deposit at DTC, the City has heretofore executed and delivered to DTC the
Letter o f Representations.
Neither the City nor the Bond Registrar will have any responsibility or obligation to DTC
participants or the persons for whom they act as nominees with respect to the Bonds for the
accuracy of any records maintained by DTC or any DTC participant, the payment by DTC or any
DTC participant of any amount in respect of the principal of or interest on Bonds, any notice that
is permitted or required to be given to Registered Owners under this ordinance (except such
notices as shall be required to be given by the City to the Bond Registrar or to DTC), the
selection by DTC or any DTC participant of any person to receive payment in the event of a
partial redemption of the Bonds, or any consent given or other action taken by DTC as the
Registered Owner. For so long as any Bonds are held in fully-immobilized form hereunder, DTC
or its successor depository shall be deemed to be the Registered Owner for all purposes, and all
references in this ordinance to the Registered Owners shall mean DTC or its nominee and shall
not mean the owners of any beneficial interest in any Bonds.
(d) Use of Depository.
(i) The Bonds shall be registered initially in the name of "CEDE &
Co.", as nominee of DTC, with a single Bond for each maturity in a denomination equal to the
total principal amount of such maturity. Registered ownership of such immobilized Bonds, or
any portions thereof, may not thereafter be transferred except (A) to any successor of DTC or its
nominee, provided that any such successor shall be qualified under any applicable laws to
provide the service proposed to be provided by it; (B) to any substitute depository appointed by
the City pursuant to subsection (ii) below or such substitute depository's successor; or (C) to any
person as provided in subsection (iv) below.
(ii) 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 to
discontinue 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.
(iii) In the case of any transfer pursuant to clause (A) or (B) of
subsection (i) above, the Bond Registrar shall, upon receipt of all outstanding Bonds, together
with a written request on behalf of the City, issue a single new Bond for each maturity then
outstanding, registered in the name of such successor or such substitute depository, or its
nominee, all as specified in such written request of the City.
(iv) In the event that (A) DTC or its successor (or substitute depository
or its successor) resigns from its functions as depository, and no substitute depository can be
obtained, or (B) the City determines that it is in the best interest of the beneficial owners of the
Bonds that the Bonds be provided in certificated form, the ownership of such Bonds may then be
transferred to any person or entity as herein provided, and shall no longer be held in
fully-immobilized form. The City shall deliver a written request to the Bond Registrar, together
with a supply of definitive Bonds in certificated form, to issue Bonds in any authorized
denomination. Upon receipt by the Bond Registrar of all then outstanding Bonds together with a
written request on behalf of the City to the Bond Registrar, new Bonds shall be issued in the
appropriate denominations and registered in the names of such persons as are provided in such
written request.
(e) Transfer or Exchange of Registered Ownership; Change in
Denominations. The registered ownership of any Bond may be transferred or exchanged, but no
transfer of any Bond shall be valid unless it is surrendered to the Bond Registrar with the
assignment form appearing on such Bond duly executed by the Registered Owner or such
Registered Owner's duly authorized agent in a manner satisfactory to the Bond Registrar. Upon
such surrender, the Bond Registrar shall cancel the surrendered Bond and shall authenticate and
deliver, without charge to the Registered Owner or transferee, a new Bond (or Bonds at the
option of the new Registered Owner) of the same date, maturity and interest rate and for the same
aggregate principal amount in any authorized denomination, naming as Registered Owner the
person or persons listed as the assignee on the assignment form appearing on the surrendered
Bond, in exchange for such surrendered and cancelled Bond. Any Bond may be surrendered to
the Bond Registrar and exchanged, without charge, for an equal aggregate principal amount of
Bonds of the same date, maturity and interest rate, in any authorized denomination. The Bond
Registrar shall not be obligated to transfer or exchange any Bond during the period beginning at
the opening of business on the 15th day of the month next preceding any interest payment date
and ending at the close of business on such interest payment date, or, in the case of any proposed
redemption of the Bonds, after the mailing of the notice of such redemption.
(f) Bond Registrar's Ownership of Bonds. The Bond Registrar may become
the Registered Owner of any Bond 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 member of, or in any other capacity with respect to, any committee
formed to protect the right of the Registered Owners of Bonds.
(g) Registration Covenant. The City covenants that, until all Bonds have been
surrendered and cancelled, it will maintain a system for recording the ownership of each Bond
that complies with the provisions of Section 149 of the Code.
(h) Place and Medium of Payment. 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 calculated based on a year of 360 days and twelve 30-day months. For so long as all
Bonds are in fully-immobilized form, payments of principal and interest shall be made in
accordance with the operational arrangements of DTC referred to in the Letter of
Representations.
In the event that the Bonds are no longer in fully-immobilized form, interest on the Bonds
shall be paid by check or draft mailed to the Registered Owners at the addresses for such
Registered Owners appearing on the Bond Register on the 15th day of the month preceding the
interest payment date. Principal of the Bonds shall be payable upon presentation and surrender
of such Bonds by the Registered Owners at the principal office of the Bond Registrar; provided,
howver, that if so requested in writing by the Registered Owner of at least $1,000,000 principal
amount of Bonds, interest will be paid by wire transfer on the interest payment date to an account
with a bank located within the United States.
Section 4. Redemption; Pumhase of Bonds.
(a) No Optional Redemption. The Bonds are not subject to redemption prior
to their stated maturities.
(b) Purchase of Bonds. The City reserves the right to purchase any of the
Bonds offered to the City at any time at a price deemed reasonable by the City.
Section 5. Form of Bonds. The Bonds shall be in substantially the following form:
UNITED STATES OF AMERICA
NO.__ $
[BOND INSURER LEGEND]
STATE OF WASHINGTON
CITY OF PORT ANGELES
UNLIMITED TAX GENERAL OBLIGATION BOND, 2005
INTEREST RATE:
MATURITY DATE:
CUSIP NO.:
REGISTERED OWNER:
PRINCIPAL AMOUNT:
THE CITY OF PORT ANGELES, WASHINGTON (the "City"), a municipal corporation
duly organized and existing under the laws of the State of Washington, hereby acknowledges
itself to owe and for value received promises to pay to the Registered Owner identified above, or
registered assigns, on the Maturity Date identified above, the Principal Amount indicated above
and to pay interest thereon from the date hereof, or the most recent date to which interest has
been paid or duly provided for until payment of this bond at the Interest Rate set forth above,
payable on the first days of each May and November, commencing on May 1, 2005. Both
principal of and interest on this bond arc payable in lawful money of the United States of
America. For so long as the Bonds are held in fully immobilized form, payments of principal
and interest thereon shall be made as provided in accordance with the operational arrangements
of DTC referred to in the Blanket Issuer Letter of Representations from the City to DTC.
This bond is one of an authorized issue of bonds of like date and tenor, except as to
number, amount, rate of interest and date of maturity, in the aggregate principal amount of
$2,345,000 (the "Bonds"), issned for the purpose of refunding certain outstanding general
obligation bonds of the City. The Bonds are issued under and in accordance with the provisions
of the Constitution and applicable statutes of the State of Washington and ordinances duly
adopted by the City Council, including Ordinance No. (the "Bond Ordinance"). Unless
otherwise defined in this bond, capitalized terms used herein shall have the meanings given such
terms in the Bond Ordinance.
The Bonds are not subject to optional redemption prior to their stated maturities.
The Bonds are not "private activity bonds" as such term is defined in the Internal
Revenue Code of 1986, as amended (the "Code"). The Bonds have been designated by the City
as "qualified tax-exempt obligations" under Section 265(b) of the Code for banks, thrift
institutions and other financial institutions.
The City hercby irrevocably covenants that, unless the principal of and interest on the
Bonds are paid from other sources, it will make annual levies of taxes without limitation as to
rate or amount upon all property in the City subject to taxation in amounts sufficient to pay such
principal and interest as the same shall become due and shall provide for the deposit of sufficient
money in the Bond Fund to pay such principal and interest. The full faith, credit and resources of
the City are hereby irrevocably pledged for the annual levy and collection of such taxes and for
the prompt payment of such principal and interest. The pledge of tax levies may be discharged
prior to maturity of the Bonds by making provision for the payment thereof on the terms and
conditions set forth in the Bond Ordinance.
This bond shall not be valid or become obligatory for any purpose or be entitled to any
security or benefit under the Bond Ordinance until the Certificate of Authentication hereon shall
have been manually signed by or on behalf of the Bond Registrar.
It is hereby certified that all acts, conditions and things required by the Constitution and
statutes of the State of Washington to exist, to have happened, been done and performed
precedent to and in the issuance of this bond have happened, been done and performed and that
the issuance of this bond and the Bonds does not violate any constitutional, statutory or other
limitation upon the amount of bonded indebtedness that the City may incur.
-9- P:/DOTM3OT1N3 05102101
1N WITNESS WHEREOF, the City of Port Angeles, Washington has caused this bond to
be executed by the manual or facsimile signatures of the Mayor and City Clerk and a facsimile of
the seal of the City to be imprinted or otherwise reproduced hereon as of __., 2005.
CITY OF PORT ANGELES,
WASHINGTON
By
/s/manual or facsimile
Mayor
ATTEST:
/s/manual or facsimile
City Clerk
The Bond Registrar's Certificate of Authentication on the Bonds shall be in substantially
the following form:
CERTI3'ICATE OF AUTHENTICATION
Date of Authentication:
This is one of the City of Port Angeles, Washington, Unlimited Tax General Obligation
Bonds, 2005, dated ,2005, as described in the Bond Ordinance.
WASHINGTON STATE FISCAL
AGENCY as Bond Registrar
By /s/
Authorized Signer
Section 6. Execution of Bonds. The Bonds shall be executed on behalf of the City
with the manual or facsimile signature of the Mayor, attested by the manual or facsimile
signature of the City Clerk, and shall have the seal of the City impressed, imprinted or otherwise
reproduced thereon. In case either or both of the officers who have signed or attested any of the
Bonds cease to be such officer before such Bonds have been actually issued and delivered, such
Bonds shall be valid nevertheless and may be issued by the City with the same effect as though
the persons who had signed or attested such Bonds had not ceased to be such officers, and any
Bond may be signed or attested on behalf of the City by officers who at the date of actual
execution of such Bond are the proper officers, although at the nominal date of execution of such
Bond such officer was not an officer of the City.
- 1 0- P:/DOI~DOT 1 N3 0,5402101
Only Bonds that bear a Certificate of Authentication in the form set forth in Section 5,
manually executed by the Bond Registrar, shall be valid or obligatory for any purpose or entitled
to the benefits of this ordinance. Such Certificate of Authentication shall be conclusive evidence
that the Bonds so authenticated have been duly executed, authenticated and delivered and are
entitled to the benefits of this ordinance.
Section 7. Pledge of Taxes and Credit. The City hereby irrevocably covenants that,
unless the principal of and interest on the Bonds are paid from other sources, it will make annual
levies of taxes without limitation as to rate or amount upon all property in the City subject to
taxation in amounts sufficient to pay such principal and interest as the same shall become due
and shall provide for the deposit of sufficient money in the Bond Fund to pay such principal and
interest. The full faith, credit and resources of the City are hereby irrevocably pledged for the
annual levy and collection of such taxes and for the prompt payment of such principal and
interest.
Section 8. Defeasance. In the event that money and/or Govermnent Obligations
maturing at such time or times and beating interest to be earned thereon in amounts (together
with such money, if necessary) sufficient to redeem and retire part or all of the Bonds in
accordance with their terms, are set aside in a special account of the City to effect such
redemption and retirement, and such money and the principal of and interest on such
Government Obligations are irrevocably set aside and pledged for such purpose, then no further
payments need be made into the Bond Fund for the payment of the principal of and interest on
the Bonds so provided for, and such Bonds shall cease to be entitled to any lien, benefit or
security of this ordinance except the right to receive the money so set aside and pledged, and
such Bonds shall be deemed not to be outstanding hereunder.
Within 60 days of any defeasance of Bonds, the Bond Registrar shall provide notice of
such defeasance to Registered Owners, the Insurer, and to each NRMSIR and SID, if any, in
accordance with Section 13.
Section 9. Tax Covenants; Special Designation. The City hereby covenants that it
will not make any use of the proceeds of sale of the Bonds or any other funds of the City that
may be deemed to be proceeds of such Bonds pursuant to Section 148 of the Code that will cause
the Bonds to be "arbitrage bonds" within the meaning of said section and said Regulations. The
City will comply with the requirements of Section 148 of the Code (or any successor provision
thereof applicable to the Bonds) and the applicable Regulations thereunder throughout the term
of the Bonds. The City further covenants that it will not take any action or permit any action to
be taken that would cause the Bonds to constitute "private activity bonds" under Section 141 of
the Code.
The City hereby designates the Bonds as "qualified tax-exempt obligations" under
Section 265(b)(3) of the Code for banks, thrift institutions and other financial institutions. The
City does not anticipate issuing more than $10,000,000 in tax exempt obligations during 2005.
Section 10. Refunding Account and Call for Redemption of Refunded Bonds.
(a) Refunding Account. There is hereby authorized to be created in the Bond
Fund an account known as the "2005 Unlimited Tax General Obligation Refunding Account"
(the "Refunding Account"), which Account is to be held by the Escrow Agent and drawn upon
for the sole purpose of paying the principal of and interest on the Refunded Bonds until their date
of redemption and of paying costs related to issuance of the Bonds and refunding the Refunded
Bonds.
The proceeds of sale of the Bonds shall be credited to the Refunding Account and,
together with other funds of the City, if necessary, shall be used immediately upon receipt thereof
to defease the Refunded Bonds as authorized by the 1995 Bond Ordinance and pay costs of
issuance and refunding. The City shall defease the Refunded Bonds and discharge such
obligations by the use of money in the Refunding Account to purchase certain Government
Obligations (which obligations so pumhased, are herein called the "Acquired Obligations"),
bearing such interest and maturing as to principal and interest in such amounts and at such times
that, together with any necessary beginning cash balance, will provide for the payment of:
(i) interest on the Refunded Bonds on November 1, 2005; and
(ii) the redemption price (100% of the principal amount thereof) of the
Refunded Bonds on November I, 2005;
The Acquired Obligations shall be purchased at a yield not greater than the yield
permitted by the Code and regulations relating to acquired obligations in connection with
refunding bond issues.
(b) Escrow Agent. The City hereby appoints the corporate trust department of
U.S. Bank National Association, Seattle, Washington, as the Escrow Agent for the Refunded
Bonds (the "Escrow Agent"). A beginning cash balance, if any, and the Acquired Obligations
shall be deposited irrevocably with the Escrow Agent in an amount sufficient to defease the
Refunded Bonds. The proceeds of the Bonds remaining in the Refunding Account after
acquisition of the Acquired Obligations and provision for the necessary beginning cash balance
shall be utilized to pay expenses of the acquisition and safekeeping of the Acquired Obligations
and expenses of the issuance of the Bonds. The City may, from time to time, transfer, or cause to
be transferred, from the Refunding Account any money not thereafter required for the purposes
set forth in subparagraphs (i) and (ii) of Section 10(a), subject to verification in writing by an
independent certified public accountant that such transfer will not result in inadequate funds
being available to make the required payments therefrom. The City reserves the right to
substitute other securities for the Acquired Obligations in the event it may do so pursuant to
Section 148 of the Code and applicable regulations thereunder, upon compliance with the
conditions set forth in the Escrow Agreement.
The City will take such actions as are found necessary to see that all necessary and proper
fees and expenses of the Escrow Agent shall be paid when due. The proper officers and agents
- 12 - P:/OOT~OOT~ N3 05/02/01
of the City are directed to obtain from the Escrow Agent an agreement setting forth the duties,
obligations and responsibilities of the Escrow Agent in connection with the redemption and
retirement of the Refunded Bonds as provided herein and setting forth such provisions for the
payment of the Escrow Agent as are satisfactory to it. The Finance Director is authorized and
directed to execute and deliver to the Escrow Agent an escrow agreement in form satisfactory to
the Escrow Agent and approved by counsel to the City.
(c) Call for Redemption of Refunded Bonds. The City hereby irrevocably sets
aside sufficient funds out of the purchase of Acquired Obligations from proceeds of the Bonds to
make the payments described in subparagraphs (i) and (ii) of Section lO(a).
The City hereby irrevocably calls the Refunded Bonds for redemption on
November 1, 2005 in accordance with the provisions of Section 4(a) of Ordinance No. 2892.
The defeasance and call for redemption of the Refunded Bonds shall be irrevocable after
the final establishment of the Refunding Account and delivery of the Acquired Obligations and
the requisite cash deposit, if any, to the Escrow Agent, except as provided herein relating to the
substitution of securities.
The Escrow Agent is hereby authorized and directed to provide for the giving of notices
of the redemption of the Refunded Bonds in accordance with the applicable provisions of the
1995 Bond Ordinance. The City is authorized and requested to provide whatever assistance is
necessary to accomplish such redemption and the giving of notices therefor. The costs of
publication of such notices shall be an expense of the City.
The Escrow Agent is hereby authorized and directed to pay to the fiscal agency or
agencies of the State of Washington, sums sufficient to pay, when due, the payments specified in
of subparagraphs (i) and (ii) of Section 10(a). All such sums shall be paid from the money and
Acquired Obligations deposited with the Escrow Agent pursuant to the previous section of this
ordinance, and the income therefrom and proceeds thereof.
(d) Finding of Savings and Defeasance. The Council hereby finds that the
issuance and sale of the Bonds at this time will effect a savings to the City and its taxpayers. In
making such finding and determination, the Council has given consideration to the interest on
and the fixed maturities of the Bonds and the Refunded Bonds, the costs of issuance of the Bonds
and the known earned income from the investment of the proceeds of sale of the Bonds pending
redemption and payment of the Refunded Bonds.
The Council also finds that the Acquired Obligations to be deposited with the Escrow
Agent and the income therefrom, together with any necessary beginning cash balance, are
sufficient to redeem the Refunded Bonds and will satisfy the obligations of the City under the
1995 Bond Ordinance. Immediately upon the delivery of the Acquired Obligations to the Escrow
Agent and the deposit of any necessary beginning cash balance, the Refunded Bonds shall be
deemed not to be outstanding under the 1995 Bond Ordinance and shall cease to be entitled to
-13- P:\DOT~DOT 1 N3 05/02/01
any lien, benefit or security under such ordinance except the right to receive payment from the
Acquired Obligations and beginning cash balance so set aside and pledged.
Section 11. Sale of Bonds.. The Bonds shall be sold by negotiated sale to
Seattle-Northwest Securities Corporation, Seattle, Washington (the "Underwriter"), under the
terms and conditions thereof as provided in its purchase contract and in this ordinance. The City
Manager is hereby authorized to sign the pumhase contract on behalf of the City. The proper
City officials are hereby authorized and directed to do everything necessary for the prompt
execution and delivery of the Bonds to the Underwriter and for the proper application and use of
the proceeds of sale thereof.
Section 12. Official Statement. The City approves the preliminary Official Statement
presented to this Council and ratifies the Underwfiter's distribution of the preliminary Official
Statement in connection with the offering of the Bonds. To permit the Underwriter to comply
with the Rule, the Preliminary Official Statement dated January __, 2005, is hereby deemed final
as of its date except for the omission of information dependent upon the pricing of the Bonds and
the completion of the purchase contract. The City agrees to cooperate with the Underwriter to
deliver or cause to be delivered, within seven business days from the date of the sale of the
Bonds and in sufficient time to accompany any confirmation that requests payment from any
customer of the Underwriter, copies ora final Official Statement in sufficient quantity to comply
with paragraph (b)(4) of the Rule and the rules of the MSRB. The City Manager and Finance
Director are hereby authorized to review and approve on behalf of the City the final Official
Statement relative to the Bonds with such additions and changes as they may deem necessary or
advisable.
Section 13. Undertaking to Provide Ongoing Disclosure.
(a) Contract/Undertaking. This section constitutes the City's written
undertaking for the benefit of the owners of the Bonds as required by Section (b)(5) of the Rule.
(b) Financial Statements/Operating Data. The City agrees to provide or
cause to be provided to each NRMSIR and to the SID, if any, in each case as designated by the
Commission in accordance with the Rule, the following annual financial information and
operating data for the prior fiscal year (commencing in 2005 for the fiscal year ended
December 31, 2004):
1. Annual financial statements, which statements may or may not be
audited, showing ending fund balances for the City's general fund prepared in accordance with
the Budget Accounting and Reporting System prescribed by the Washington State Auditor
pursuant to RCW 43.09.200 (or any successor statute) and generally of the type included in the
official statement for the Bonds under "Appendix A: City of Port Angeles 2003 Audited
Financial Statements";
2. The assessed valuation of taxable property in the City;
- 1 4- P:/DOT~DOTI N3 05/02/01
3. Property taxes due, property taxes collected and property taxes
delinquent;
4. Property tax levy rates per $1,000 of assessed valuation; and
5. Outstanding general obligation debt of the City.
Items 2-5 shall be required only to the extent that such information is not included in the
annual financial statements.
The information and data described above shall be provided on or before nine months
after the end of the City's fiscal year. The City's current fiscal year ends December 31. The City
may adjust such fiscal year by providing written notice of the change of fiscal year to each then
existing NRMSIR and the SID, if any. In lieu of providing such annual financial information and
operating data, the City may cross-reference to other documents provided to the NRMSIR's, the
SID or to the Commission and, if such document is a final official statement within the meaning
of the Rule, available from the MSRB.
If not provided as part of the annual financial information discussed above, the City shall
provide the City's audited annual financial statement prepared in accordance with the Budget
Accounting and Reporting System prescribed by the Washington State Auditor pursuant to
RCW 43.09.200 (or any successor statutes), when and if available, to each then existing
NRMSIR and the SID, if any.
(c) Material Events. The City agrees to provide or cause to be provided, in a
timely manner, to the SID, if any, and to each NRMSIR or to the MSRB notice of the occurrence
of any of the following events with respect to the Bonds, if material:
· Principal and interest payment delinquencies;
· Non-payment related defaults;
· Unscheduled draws on debt service reserves reflecting financial
difficulties;
· Unscheduled draws on credit enhancements reflecting financial
difficulties;
· Substitution of credit or liquidity providers, or their failure to perform;
· Adverse tax opinions or events affecting the tax-exempt status of the
Bonds;
· Modifications to rights of owners;
Optional, contingent or unscheduled Bond calls other than scheduled
sinking fund redemptions for which notice is given pursuant to
Exchange Act Release 34-23856;
· Defeasances;
· Release, substitution or sale of property securing the repayment of the
Bonds; and
· Rating changes.
Solely for purposes of disclosure, and not intending to modify this undertaking, the City
advises that no debt service reserves or property secure payment of the Bonds.
(d) Notification Upon Failure to Provide Financial Data. The City agrees to
provide or cause to be provided, in a timely manner, to each NRMSIR or to the MSRB and to the
SID, if any, notice of its failure to provide the annual financial information described in
subsection (b) above on or prior to the date set forth in subsection (b) above.
(e) Termination/Modification. The City's obligations to provide annual
financial information and notices of material events shall terminate upon the defeasance, prior
redemption or payment in full of all of the Bonds. Any provision of that section shall be null and
void if the City (1) obtains an opinion of nationally recognized bond counsel to the effect that the
portion of the Rule that requires that provision is invalid, has been repealed retroactively or
otherwise does not apply to the Bonds; and (2) notifies each NRMSIR and the SID, if any, of
such opinion and the cancellation of this section.
The City may amend this section with an approving opinion of nationally recognized
bond counsel in accordance with the Rule. In the event of any amendment of this section, the
City shall describe such amendment in the next annual report, and shall include, a narrative
explanation of the reason for the amendment and its impact on the type (or in the case of a
change of accounting principles, on the presentation) of financial information or operating data
being presented by the City. In addition, if the amendment relates to the accounting principles to
be followed in preparing financial statements, (I) notice of such change shall be given in the
same manner as for a material event under Subsection (c), and (II) the annual report for the year
in which the change is made shall present a comparison (in narrative form and also, if practical,
in quantitative form) between the financial statements as prepared on the basis of the new
accounting principles and those prepared on the basis of the former accounting principles.
(0 DisclosureUSA. Any filing required to be made with any NRMSIR or S1D
under this Section 13 may be made by transmitting such filing solely to the Texas Municipal
Advisory Council (the "MAC") as provided at http://www.disclosureusa.org unless the United
States Securities and Exchange Commission has withdrawn the interpretive advice in its letter to
the MAC dated September 7, 2004.
(g) Bond Owner's Remedies Under This Section. The right of any bondowner
or beneficial owner of Bonds to enforce the provisions of this section shall be limited to a right to
obtain specific enforcement of the City's obligations under this section, and any failure by the
City to comply with the provisions of this undertaking shall not be an event of default with
respect to the Bonds. For purposes of this section, "beneficial owner" means any person who has
the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of,
any Bonds, including persons holding Bonds through nominees or depositories.
(h) No Default. The City is not and has not been in default in the
performance of its obligations of any prior undertaking for ongoing disclosure with respect to its
bond obligations.
Section 14. Bond Insurance.
(a) Approval of Bond Insurance Policy. In accordance with the offer of the
Underwriter to pumhase the Bonds, the Council hereby approves the commitment of XL Capital
Assurance Inc. (the "Insurer") to provide a bond insurance policy guaranteeing the payment when
due of principal of and interest on the Bonds (the "Bond Insurance Policy"). The Council further
authorizes and directs all proper officers, agents, attorneys and employees of the City to execute a
commitment letter with the Insurer and to cooperate with the Insurer in preparing such additional
agreements, certificates, and other documentation on behalf of the District as shall be necessary
or advisable in providing for the Bond Insurance Policy.
(b) Payments Under the Bond Insurance Policy. As long as the Bond
Insurance Policy is in full fome and effect, the City and the Bond Registrar shall comply with the
following provisions:
(i) If, on the Business Day immediately preceding a scheduled interest
payment date or principal payment date ("Payment Date"), there is not on deposit with the Bond
Registrar money sufficient to pay the principal of and interest on the Bonds due on such Payment
Date, the City or the Bond Registrar shall give notice to the Insurer and to its designated agent (if
any) (the "Insurer's Fiscal Agent"), by telephone or telecopy, of the amount of such deficiency by
12:00 noon, New York City time, on such Business Day. If, on such Payment Date, there is not
on deposit with the Bond Registrar money sufficient to pay the principal of, and interest on, the
Bonds due on such Payment Date, the Bond Registrar shall make a claim under the Insurance
Policy and give notice to the Insurer and the Insurer's Fiscal Agent (if any) by telephone of the
amount of any deficiency in the amount available to pay principal and interest, and the allocation
of such deficiency between the amount required to pay interest on the Bonds and the amount
required to pay principal of the Bonds, confirmed in writing to the Insurer and the Insurer's
Fiscal Agent by 12:00 noon, New York City time, on such Payment Date, by delivering the
Notice of Nonpayment and Certificate.
For the purposes of the preceding paragraph, "Notice" means telephonic or
telecopied notice, subsequently confirmed in a signed writing, or written notice by registered or
certified mail, from the City or Bond Registrar to the Insurer, which notice shall specify (a) the
- 17- P:/DOI~DOT1 N3 05102/01
name of the entity making the claim, (b) the policy number, (c) the claimed amount and (d) the
date such claimed amount will become Due for Payment. "Nonpayment" means the failure of
the City to have provided sufficient funds to the Bond Registrar for payment in full of all
principal of, and interest on, the Bonds that are Due for Payment. "Due for Payment," when
referring to the principal of insured bonds, means when the stated maturity date or mandatory
redemption date for the application of a required sinking fund installment has been reached and
does not refer to any earlier date on which payment is due by reason of call for redemption (other
than by application of required sinking fund installments or Other advancement of maturity,
unless the Insurer shall elect, in its sole discretion, to pay such principal); and when referring to
interest on Bonds, means when the stated date for payment of interest has been reached.
"Certificate" means a certificate in form and substance satisfactory to the Insurer as to the Bond
Registrar's right to receive payment under the Insurance Policy.
(ii) The Bond Registrar shall designate any portion of payment of
principal on Bonds paid by the Insurer at maturity on its books as a reduction in the principal
amount of Bonds registered to the then current Registered Owner, whether DTC or its nominee
or otherwise, and shall issue a replacement Bond to the Insurer, registered in the name of the
Insurer, as the case may be, in a principal amount equal to the amount of principal so paid
(without regard to authorized denominations); provided, however, that the Bond Registrar's
failure to so designate any payment or issue any replacement Bond shall have no effect on the
amount of principal or interest payable by the City on any Bond or the subrogation rights of the
Insurer.
(iii) The Bond Registrar shall keep a complete and accurate record of
all funds deposited by the Insurer into the Policy Payments Account (as hereinafter defined) and
the allocation of such funds to payment of interest on and principal paid with respect to any
Bond. The Insurer shall have the right to inspect such records at reasonable times upon
reasonable notice to the Bond Registrar.
(iv) Upon payment of a claim under the Bond Insurance Policy, the
Bond Registrar shall establish a separate special purpose trust account for the benefit of owners
of Bonds referred to herein as the "Policy Payments Account" and over which the Bond Registrar
shall have exclusive control and sole right of withdrawal. The Bond Registrar shall receive any
amount paid under the Bond Insurance Policy in trust on behalf of owners of Bonds and shall
deposit any such amount in the Policy Payments Account and distribute such amount only for
purposes of making the payments for which a claim was made. Such amounts shall be disbursed
by the Bond Registrar to owners of Bonds in the same manner as principal and interest payments
are to be made with respect to the Bonds under Section 3 hereof. It shall not be necessary for
such payments to be made by checks or wire transfers separate from the check or wire transfer
used to pay debt service with other funds available to make such payments. Funds held in the
Policy Payments Account shall not be invested by the Bond Registrar and may not be applied to
satisfy any costs, expenses or liabilities of the Bond Registrar. Any funds remaining in the Policy
Payments Account following an insured Bond payment date shall promptly be remitted to the
Insurer.
(c) Provisions Relating to Bond Insurance Policy. As long as the Bond
Insurance Policy is in full force and effect, the City shall comply with the following provisions:
(i) Notice to the Insurer. Any notices required to be given by the City
shall also be given to the Insurer, Attn: Surveillance.
(ii) Amendments. Prior written consent of the Insurer is required for
any amendment to this ordinance. The City shall give the Insurer notice of any such proposed
amendment. A copy of any amendment to this ordinance that is consented to by the Insurer shall
be sent to Standard & Poor's Rating Services, a Division of The McGraw-Hill Companies, Inc.
(iii) Remedies. The Insurer shall be entitled to control and direct the
enforcement of all rights and remedies granted to owners of the Bonds. The Insurer shall be
recognized as the owner of each Bond for the purposes of exercising all rights and privileges
available to owners of the Bonds. The Insurer shall have the right to institute any suit, action, or
proceeding at law or in equity under the same terms as an owner of the Bonds.
(iv) The Insurer as Third Party Beneficiary. The Insurer shall be a
third-party beneficiary under this ordinance.
(v) Subrogation. If principal and/or interest due on the Bonds is paid
by the Insurer, such Bonds shall remain outstanding under this ordinance for all purposes, and
shall not be deemed defeased or otherwise satisfied, or paid by the City, and the pledge of taxes
and all covenants, agreements and other obligations of the City to the owners of the Bonds shall
continue to exist and shall run to the benefit of the Insurer, and the Insurer shall be subrogated to
the rights of such owners.
Section 15. Lost or Destroyed Bonds. If any Bonds are lost, stolen or destroyed, the
Bond Registrar may authenticate and deliver a new Bond or Bonds of like amount, maturity and
tenor to the Registered Owner upon such Registered Owner's paying the expenses and charges of
the Bond Registrar and the City in connection with preparation and authentication of the
replacement Bond or Bonds and upon his or her filing with the Bond Registrar and the City
evidence satisfactory to both that such Bond or Bonds were actually lost, stolen or destroyed and
of his or her ownership, and upon furnishing the City and the Bond Registrar with indemnity
satisfactory to both.
Section 16. General Authorization. The appropriate officials, agents and
representatives of the City are authorized to take any actions and to execute any certificates,
agreements or other documents as in their judgment may be necessary or desirable to carry out
the terms of, and complete the transactions contemplated by, this ordinance. All acts taken
pursuant to the authority of this ordinance but prior to its effective date are hereby ratified and
confirmed.
Section 17. Severability. If any one or more of the covenants or agreements provided
in this ordinance to be performed on the part of the City shall be declared by any court of
competent jurisdiction to be contrary to law, then such covenant or covenants, agreement or
agreements, shall be null and void and shall be deemed separable from the remaining covenants
and agreements of this ordinance and shall in no way affect the validity of the other provisions of
this ordinance or of the Bonds.
Section 18. Effective Date. This ordinance shall become effective from and after its
passage and publication as required by law.
PASSED by the City Council of the City of Port Angeles, Washington, at a regular
meeting thereof, held on February 1, 2005.
CITY OF PORT ANGELES,
WASHINGTON
ATTEST:
By
Mayor
City Clerk
-20- P:~DOT~DOT1N3 05102101
CITY OF PORT ANGELES, WASHINGTON
ORDINANCE NO.
AN ORDINANCE of the City of Port Angeles, Washington, authorizing the
issuance of electric revenue and refunding bonds in the principal amount of
$3,185,000 to refund certain outstanding electric revenue bonds of the City
and to finance the cost of certain improvements to the City's Electric System;
authorizing the appointment of an escrow agent and the execution of an
escrow agreement related to the refunding; authorizing the terms of the
bonds; establishing covenants to secure payment of the bonds; and approving
the sale of the bonds.
Passed February 1, 2005
Prepared by:
PRESTON GATES & ELLIS LLP
Seattle, Washington
TABLE OFCONTENTS
Page
Section 1.1.
Section 1.2.
Section 2.1.
Section 2.2.
Section 2.3.
Section 3.1.
Section 3.2.
Section 3.3.
Section 3.4.
Section 3.5.
Section 3.6.
Section 4.1.
Section 4.2.
Section 5.1.
Section 5.2.
Section 6.1.
Section 6.2.
Section 6.3.
Section 7.1.
Section 7.2.
ARTICLE I
DEFINITIONS
Definitions ................................................................................................................ 2
Interpretation .......................................................................................................... 10
ARTICLE II
FINDINGS AND DETERMINATIONS
Projects ................................................................................................................... 10
Parity Conditions ................................................................................................... 11
Due Regard ................. : .......................................................................................... 12
ARTICLE III
AUTHOR/ZATION AND ISSUANCE OF BONDS
Authorization of 2005 Bonds ................................................................................. 12
Registration, Exchange and Payments ................................................................... 13
Redemption of 2005 Bonds ................................................................................... 15
Partial Redemption ................................................................................................. 16
Notice of Redemption ............................................................................................ 16
Purchase of 2005 Bonds ......................................................................................... 17
ARTICLE IV
ISSUANCE OF ADDITIONAL BONDS
Authorization of Series of Additional Bonds .................... ~ .................................... 17
Additional Bonds ................................................................................................... 18
ARTICLE V
GENERAL TERMS AND PROVISIONS OF BONDS
Execution of 2005 Bonds ....................................................................................... 2 !
Lost, Stolen, Destroyed or Mutilated Bonds .......................................................... 22
ARTICLE VI
CREATION OF SPECIAL FUNDS AND ACCOUNTS AND PAYMENTS
THEREFROM
Light Fund ................................. : ............................................................................ 22
Bond Fund .............................................................................................................. 24
Investment of Funds ............................................................................................... 27
ARTICLE VII
USE OF BOND PROCEEDS; PLAN OF REFUNDING
Refunding Account ................................................................................................ 28
Call for Redemption of Refunded Bonds ............................................................... 29
Section 7.3. Finding of Savings and Defeasance ....................................................................... 30
Section 7.1. Construction Account ............................................................................................ 30
ARTICLE
FORM OF 2005 BONDS
Section 8.1. Form of 2005 Bonds .............................................................................................. 31
ARTICLE IX
COVENANTS TO SECURE BONDS
Sectiong. 1. Security forBonds ................................................................................................. 34
Section 9.2. Rate Covenant - General ........................................................................................ 35
Section 9.3. Rate Covenant - Debt Service Coverage ................................................................ 35
Section 9.4. Restrictions on Contracting of Obligations Secured by Revenues ........................ 36
Section 9.5. Covenant to Maintain System in Good Condition ................................................. 37
Section 9.6. Covenants Concerning Disposal of Properties of System ...................................... 37
Section 9.7. Insurance ................................................................................................................ 38
Section9.8. Books of Account .................................................................................................. 38
Section 9.9. Covenant Not to Render Service Free of Charge .................................... : .............. 39
Section 9.10. Covenant to Make Only Economically Sound Improvements ............................... 39
Section 9.11. Covenant to Pay Bond Principal and Interest Punctually ...................................... 39
Section 9.12. Covenant to Pay Taxes, Assessments and Other Claims ....................................... 40
Section 9.13. Covenant to Retain Competent Management ........................................................ 40
Section 9.14. Further Assurances ................................................................................................. 40
Section 9.15. Tax Covenants; Special Designation ..................................................................... 40
ARTICLE X
SUPPLEMENTAL AND AMENDATORY ORDINANCES
Section 10.1. Amendments Without Consent of Bondowners .................................................... 41
Section 10.2. Amendments With Consent of Bondowners .......................................................... 41
ARTICLE XI
DEFAULTS AND REMEDIES
Section 11.l. Events of Default ................................................................................................... 42
Section 11.2. Waivers of Default ................................................................................................. 43
Section 11.3. Bondowners' Trustee ............................................................................................. 43
Section 11.4. Suits at Law or in Equity ........................................................................................ 44
Section 11.5. Books of City Open to Inspection .......................................................................... 44
Section 11.6. Payment of Funds to Bondowners' Trustee ........................................................... 44
Section 11.7. Application of Funds by Bondowners' Trustee ..................................................... 45
Section 11.8. Relinquishment of Funds Upon Remedy of Default .............................................. 45
Section 11.9. Suits by Individual Bondowners ............................................................................ 46
Section 11.10. Remedies Granted in Ordinance not Exclusive ..................................................... 46
ARTICLE XII
AMENDMENTS AND BONDOWNERS MEETINGS
Section 12.1. Call of Bondowners Meetings ................................................................................ 46
-ii- P:IDOT~OOT1 FR 02/~1/05
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
12.2. Notice to Bondowners ............................................................................................ 47
12.3. Proxies; Proof of Ownership of Bonds .................................................................. 47
12.4. Execution of Instruments by Bondowners ............................................................. 47
12.5. Appointment of Officers at Bondowners Meetings ............................................... 48
12.6. Quorum at Bondowners Meetings ......................................................................... 48
12.7. Vote Required to Amend Ordinance ...................................................................... 48
12.8. Obtaining Approval of Amendments at Bondowners Meeting .............................. 48
12.9. Alternate Method of Obtaining Approval of Amendments ................................... 49
12. I0. Amendment of Ordinance In Any Respect by Approval of All Bondowners ........ 50
12.11. Bonds Owned by City ............................................................................................ 50
12.12. Endorsement of Amendment on Bonds ................................................................. 50
ARTICLE xm
MISCELLANEOUS, DEFEASANCE; SALE OF BONDS AND APPROVAL OF
OFFICIAL STATEMENT
Section 13.1.
Section 13.2.
Section 13.3.
Section 13.4.
Section 13.5.
Section 13.6.
Section 13.7.
Section 13.8.
Section 13.9.
Section 13.10.
Section 13.11.
Section 13.12.
Section 13.13.
Ordinance and Laws a Contract With Bondowners ............................................... 51
Bonds Deemed No Longer to be Outstanding Hereunder ...................................... 51
Sale of 2005 Bonds ................................................................................................ 51
Official Statement .................................................................................................. 52
Undertaking to Provide Ongoing Disclosure ......................................................... 52
Municipal Bond Insurance ..................................................................................... 54
Benefits of Ordinance Limited to City, Bondowners, Insurer, and Bond
Registrar ................................................................................................................. 57
Term "City" Includes Successors ........................................................................... 57
Severability ............................................................................................................ 57
General Authorization ............................................................................................ 57
Adjustment of Dollar Amounts .............................................................................. 57
Prior Acts ............................................................................................................... 58
Effective Date of Ordinance .................................................................................. 58
Exhibit A: Form of Surety Agreement
-iii- P:IOO~DOT1FR 0~0'~5
ORDINANCE NO.
AN ORDINANCE of the City of Port Angeles, Washington, authorizing the
issuance of electric revenue and refunding bonds in the principal amount of
$3,185,000 to refund certain outstanding electric revenue bonds of the City
and to finance the cost of certain improvements to the City's Electric System;
authorizing the appointment of an escrow agent and the execution of an
escrow agreement related to the refunding; authorizing the terms of the
bonds; establishing covenants to secure payment of the bonds; and approving
the sale of the bonds.
WHEREAS, the City of Port Angeles, Washington, a municipal corporation of the State
of Washington (the "City"), owns and operates an electric utility system (the "Electric System");
and
WHEREAS, there are currently outstanding $2,365,000 principal amount of the City's
Electric Revenue Bonds, Series 1995 (the "1995 Bonds"), of which $2,305,000 principal amount
maturing on and after September 1, 2006, may be called for redemption on September I, 2005;
and
WHEREAS, there are currently outstanding $2,355,000 principal amount of the City's
Electric Revenue Bonds, Series 2001 (the "2001 Bonds"); and
WHEREAS, it is in the best interest of the City and ratepayers of the Electric System that
certain improvements be made to the Electric System (as further described herein, the "Projects")
and that electric revenue bonds in the principal amount of $950,000 (the "Project Bonds") be
issued to finance costs of the Projects; and
WHEREAS, it is also in the best interest of the City and ratepayers of the Electric System
that the callable portions of the 1995 Bonds be refunded by the issuance and sale of electric
revenue refunding bonds (the "Refunding Bonds") to achieve debt service savings; and
WHEREAS, the ordinances that authorized issuance of the 1995 Bonds and the 2001
Bonds provide for the issuance of additional electric revenue bonds on a parity with the 1995
Bonds and 200l Bonds on certain conditions; and
WHEREAS, after due consideration it appears to the City Council of the City (the
"Council") that such parity conditions can be met and that the Project Bonds and the Refunding
Bonds may be combined and issued and sold as a single series (the "2005 Bonds") as provided by
this ordinance; and
WHEREAS, the City has received an offer from Seattle-Northwest Securities Corporation
to purchase the 2005 Bonds and it is in the best interest of the City and ratepayers of the Electric
System to accept such offer on the terms set forth therein and in this ordinance;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ANGELES,
WASHINGTON, DO ORDAIN AS FOLLOWS:
ARTICLE I
DEFINITIONS
Section 1.1. Definitions. As used in this ordinance the following words and phrases
shall have the meanings set forth below unless the context shall clearly indicate that another
meaning is intended.
"Additional Bonds" means any Bonds issued on a parity with the 1995 Bonds, the 2001
Bonds, and the 2005 Bonds pursuant to Article IV of this ordinance.
"Adjusted Net Revenues" means Net Revenues as calculated pursuant to Section 4.2.H.
"Annual Debt Service" for any Fiscal Year shall mean the sum of:
(a) the interest due in such Fiscal Year on all outstanding Bonds, excluding
interest to be paid from the proceeds of Bonds,
(b) the principal of all outstanding Serial Bonds due in such Fiscal Year, and
(c) the Sinking Fund Requirement, if any, for such Fiscal Year (calculated as
of the Sinking Ftmd Requirement Date for such Fiscal Year).
If the interest rate on any such Bonds is other than a fixed rate, the rate applicable at the
time of computation shall be used.
"Average Annual Debt Service" means the amount determined by dividing (a) the sum of
all interest and principal to be paid on outstanding Bonds from the date of determination to the
last maturity date of such Bonds, by (b) the number of Fiscal Years from and including the Fiscal
Year in which the determination is made to the last Fiscal Year in which the sum of (i) the
principal amount of Serial Bonds maturing in such Fiscal Year plus (ii)the Sinking Fund
Requirement for such Fiscal Year, exceeds 4% of the principal amount of Bonds outstanding as
of the date of determination.
If the interest rate on any such Bonds is other than a fixed rate, the rate applicable at the
time of computation shall be used.
"Bonds" means the 1995 Bonds, the 2001 Bonds, the 2005 Bonds and any Additional
Bonds. "Bonds" may include bonds, notes, warrants, certificates of indebtedness or any other
evidence o f indebtedness.
"Bond Fund" means the Electric System Revenue Bond Fund established pursuant to
Section 7.2 of Ordinance No. 2709 to secure payment of all Bonds.
"Bond Insurance Policy" means the municipal bond insurance policy issued by the Insurer
insuring the payment when due of the principal of and interest on the 2005 Bonds as provided
therein.
"Bondowners' Trustee" means any bank or trust company organized under the laws of
any state of the United States or any national banking association hereafter appointed as trustee
for Bondowners pursuant to Section 11.3 of this ordinance.
"Bond Registrar" or "Registrar" means the fiscal agency of the State of Washington in
either Seattle, Washington, or New York, New York, whose duties include the registration and
authentication of the 2005 Bonds, maintenance of the Bond Register, effecting transfer of
ownership of the 2005 Bonds, and paying the principal of, premium, if any, and interest on the
2005 Bonds. A Supplemental Ordinance may appoint a different person, firm or entity to serve
as Bond Registrar.
"Bond Register" means the books or records maintained by the Bond Registrar for the
purpose of registration of the 2005 Bonds.
"City" means the City of Port Angeles, Washington, a mtmicipal corporation duly
organized and existing under the laws of the State of Washington.
"Code" means the federal Internal Revenue Code of 1986, as amended, and applicable
regulations.
"Contingency and Replacement Account" means the account of that name established in
the Light Fund for the purposes described in Section 6.1 .C of this ordinance.
"Construction Account" means the account of that name established in the Light Fund for
the purpose of providing funds to pay for improvements to the Electric System.
"Council" means the City Council, as the legislative body of the City, as the same shall be
duly and regularly constituted from time to time.
"Director of Public Works and Utilities" means the duly appointed and acting Director of
Public Works and Utilities, whose duties include management of the Electric System, or the
successor to such duties.
"Distribution and Transmission Facilities" means the electric utility properties and assets,
real and personal, tangible and intangible, now owned and operated by the City and used or
useful in the transmission, distribution or sale of electric current or electric service, and business
incidental thereto, and any additions, improvements and betterments thereto and extensions
thereof hereafter constructed or acquired. Distribution and Transmission Facilities shall not
include Generating Facilities.
"DTC" means The Depository Trust Company of New York, as depository for the 2005
Bonds, or any successor or substitute depository for the 2005 Bonds.
"Electric System" means the Distribution and Transmission Facilities and any Generating
Facilities hereafter acquired, but such Electric System shall not include any property and facilities
as may hereafter be acquired or constructed and established as a separate utility system not
financed from the Revenues except on a basis junior and inferior to the lien on Revenues pledged
to pay and secure the Bonds, the revenue of which separate utility system may be pledged to the
payment of revenue obligations issued to pumhase, construct, condemn or otherwise acquire such
separate utility system.
"Escrow Agent" means U.S. Bank National Association.
"Finance Director" means the duly qualified, appointed and acting Finance Director of the
City or any other officer who succeeds to the duties now delegated to that office.
"Fiscal Year" means the fiscal year used by the City at any time. At the time of the
adoption of this ordinance, the Fiscal Year is the twelve-month period beginning January 1 of
each year and ending December 31 of each year.
"Generating Facilities" means electric utility properties and assets, real and personal,
tangible and intangible, and used or useful in the generation of electric energy, hereafter acquired
or constructed by the City and declared to be part of the Electric System, including any common
undivided interest therein, related transmission facilities, and additions, improvements and
betterments to and extensions of such properties and assets.
"Government Obligations" means those obligations now or hereafter defined as such in
Chapter 39.53 RCW, as such chapter may be hereafter amended or restated.
"Insurer" means XL Capital Assurance, Inc., a stock insurance company incorporated
under the laws of the State of New York, or any successor thereto or assignee thereof, as issuer of
the Bond Insurance Policy.
"Letter of Representations" means the blanket issuer letter of representations from the
City to DTC dated September 23, 1998.
"MSRB" means the Municipal Securities Rulemaking Board or any successor to its
functions.
"Light Fund" means the fund of that name described in Section 6.1 of this ordinance.
"Net Revenues" means, for any period, the excess of Revenues over Operating Expenses
for such period, excluding from the computation of Revenues (a) any profit or loss derived from
the sale or other disposition, not in the ordinary course of business, of investments or fixed or
capital assets, or resulting from the early extinguishment of debt, and (b) insurance proceeds.
"1995 Bond Ordinance" means Ordinance No. 2877 passed on August 1, 1995, as
amended by Ordinance No. 2879 passed on August 15, 1995.
"1995 Bonds" means the City's Electric Revenue Bonds, Series 1995, issued in the
original principal amount of $2,760,000 pursuant to the 1995 Bond Ordinance.
"2001 Bond Ordinance" means Ordinance No. 3100 passed on October 16, 2001.
"2001 Bonds" means the City's Electric Revenue Refunding Bonds, Series 2001, issued
in the o~iginal principal amount of $2,560,000 pursuant to the 2001 Bond Ordinance.
"2005 Bonds" means the City's Electric Revenue and Refunding Bonds, Series 2005,
authorized to be issued in the aggregate principal amount of $3,185,000 pursuant to this
ordinance.
"NRMSIR" means a nationally recognized municipal securities information repository.
"Operating Expenses" means (i) the City's expenses for operation and maintenance of the
Electric System, and ordinary repairs, renewals, replacements and reconstruction of the Electric
System, including all costs of delivering electric power and energy and payments (other than
payments out of Bond proceeds) into reasonable reserves in the Light Fund for items of
Operating Expenses the payment of which is not immediately required, and shall include, without
limiting the generality of the foregoing, all costs of purchased power, costs of transmission and
distribution operation and maintenance expenses, rents, administrative and general expenses,
engineering expenses, legal and financial advisory expenses, required payments to pension,
retirement, health and hospitalization funds, insurance premiums and any taxes, assessments, or
payments in lieu of taxes, all to the extent properly allocable to the Electric System; (ii)any
current expenses required to be paid by the City under the provisions of this ordinance or by law,
all to the extent properly allocable to the Electric System; and (iii) the fees and expenses of any
Paying Agent. Operating Expenses shall not include any costs or expenses for new construction
or other capital outlays, interest, amortization of debt service on any evidence of indebtedness,
any allowance for depreciation, or any payments for City taxes or payments in lieu of City taxes.
"Ordinance," as used in Articles XI and XII hereof, means Ordinance Nos. 2877, 2879,
3 I00, this ordinance, and any Supplemental Ordinance.
"Paying Agent" or "Paying Agents" means the Bond Registrar, with respect to the 2005
Bonds, and the paying agent for each other series of outstanding Bonds.
"Permitted Investments" means the following, to the extent that the same are legal for
investment of funds of the City:
A. The following obligations may be used as Permitted Investments for all purposes,
including defeasance investments in the refunding escrow accounts.
(1) Cash (insured at all times by the Federal Deposit Insurance Corporation.
(2) Obligations of, or obligations guaranteed as to principal and interest by,
the U.S. or any agency or instrumentality thereof, when such obligations are backed by the full
faith and credit of the U.S. including:
· U.S. Treasury obligations
· All direct or fully guaranteed obligations
· Farmers Home Administration
· General Services Administration
· Guaranteed Title XI financing
· Government National Mortgage Association (GNMA)
· State and Local Government Series (SLGS)
(3) Obligations of Govemment-Sponsored Agencies that are not backed by the
full faith and credit of the U.S. Govemment:
· Federal Home Loan Mortgage Corp. (FHLMC) Debt obligations
· Farm Credit System (formerly: Federal Land Banks, Federal Intermediate
Credit Banks, and Banks for Cooperatives)
· Federal Home Loan Banks (FHL Banks)
· Federal National Mortgage Association (FNMA) Debt obligations
· Resolution Funding Corp. (REFCORP) Debt obligations
Any security used for defeasance must provide for the timely payment of principal and
interest and cannot be callable or prepayable prior to maturity or earlier redemption of the rated
debt (excluding securities that do not have a fixed par value and/or whose terms do not promise a
fixed dollar amount at maturity or call date).
U.S.A.I.D. securities must mature at least four business days before the appropriate
payment date.
B. The following Obligations shall be Permitted Investments for all purposes other
than defeasance investments in refunding escrow accounts.
(1) Obligations of any of the following federal agencies which obligations
represent the full faith and credit of the United States of America, including:
· Export-Import Bank
· U.S. Maritime Administration
· U.S. Department of Housing & Urban Development (PHAs)
· Federal Housing Administration
· Federal Financing Bank;
(2) Direct obligations of any of the following federal agencies which
obligations are not fully guaranteed by the full faith and credit of the United States of America:
· Senior debt obligations issued by the Federal National Mortgage
Association (FNMA) or Federal Home Loan Mortgage Corporation
(FHLMC).
· Obligations of the Resolution Funding Corporation (REFCORP)
· Senior debt obligations of the Federal Home Loan Bank System
· Senior debt obligations of other Government Sponsored Agencies
approved by Ambac and the Insurer
(3) U.S. dollar denominated deposit accounts, federal funds and bankers'
acceptances with domestic commemial banks which have a rating on their short term certificates
of deposit on the date of purchase of "P-I" by Moody's and "A-I" or "A-l+" by S&P and
maturing no more than 360 calendar days after the date of purchase. (Ratings on holding
companies are not considered as the rating of the bank);
(4) Commercial paper which is rated at the time of purchase in the single
highest classification, "P-I" by Moody's and "A-l+" by S&P and which matures not more than
270 days after the date of purchase;
(5)
better by S&P;
Investments in a money market fund rated "AAAm" or "AAAm-G" or
(6) Pre-refunded Municipal Obligations defined as follows: any bonds or
other obligations of any state of the United States of America or of any agency, instrumentality or
local governmental unit of any such state which are not callable at the option of the obligor prior
to maturity or as to which irrevocable instructions have been given by the obligor to call on the
date specified in the notice; and
(A) which are rated, based on an irrevocable escrow account or fund
(the "escrow"), in the highest rating category of Moody's and S&P or any successors thereto; or
(B) (i) which are fully secured as to principal and interest and
redemption premium, if any, by an escrow consisting only of cash or obligations described in
paragraph A(2) above, which escrow may be applied only to the payment of such principal of and
interest and redemption premium, if any, on such bonds or other obligations on the maturity date
or dates thereof or the specified redemption date or dates pursuant to such irrevocable
instructions, as appropriate, and (ii)which escrow is sufficient, as verified by a nationally
recognized independent certified public accountant, to pay principal of and interest and
-7- P:\DOT~DOTIFR 02~1,'~5
redemption premium, if any, on the bonds or other obligations described in this paragraph on the
· maturity date or dates specified in the irrevocable instructions referred to above, as appropriate;
(7) Municipal obligations rated "Aaa/AAA" or general obligations of States
with a rating of"Aa2/AA" or higher or both Moody's and S&P;
(8) Investment agreements approved in writing by the Insurer and the insurer
of the 2001 Bonds and supported by appropriate opinions ofcotmsel; and
(9) Other forms of investments (including repurchase agreements) approved in
writing by the Insurer and the insurer of the 2001 Bonds.
C. The value of the above investments shall be determined as follows:
(a) For the purpose of determining the amount in any fund, all Permitted
Investments credited to such fund shall be valued at fair market value. The City shall determine
the fair market value based on accepted industry standards and from accepted industry providers.
Accepted industry providers shall include but are not limited to pricing services provided by
Financial Times Interactive Data Corporation, Merrill Lynch, Salomon Smith Barney, Bear
Steams, or Lehman Brothers;
(b) As to certificates of deposit and bankers' acceptances: the face amount
thereof, plus accrued interest thereon;
(c) As to any investment not specified above: the value thereof established by
prior agreement between the City and the Insurer and the insurer of the 2001 Bonds;
(d) Any investment or investment agreement permitted for funds of the City
under the laws of the State of Washington, as amended from time to time, which are approved by
Insurer and the insurer of the 2001 Bonds.
"Professional Utility Consultant" means the independent person(s) or firm(s) selected by
the City having a favorable reputation for skill and experience with generation, transmission and
distribution systems of comparable size and character to the Electric System in such areas as are
relevant to the purposes for which they are retained.
"Project Bonds" means the $950,000 principal amount of electric revenue bonds
authorized to be issued pursuant to this ordinance to pay costs of the Projects.
"Projects" means those improvements to the Electric System authorized by Section 2.1 of
this ordinance.
"Qualified Insurance" means any non-cancellable municipal bond insurance policy or
surety bond issued by any insurance company licensed to conduct an insurance business in any
state of the United States (or by a service corporation acting on behalf of one or more such
insurance companies), which insurance company or companies, as of the time of issuance of such
policy or surety bond, are currently rated in one of the two highest rating categories by Moody's
Investors Service, Inc. or Standard & Poor's Corporation or both Moody's Investors' Service,
Inc., and Standard & Poor's Corporation if such institution is rated by both or their comparably
recognized business successors.
"Qualified Letter of Credit" means any irrevocable letter of credit issued by a financial
institution for the account of the City on behalf of the owners of one or more series of Bonds,
which institution maintains an office, agency or branch in the United States and as of the time of
issuance of such letter of credit is currently rated in one of the two highest rating categories by
Moody's Investors Service, Inc. or Standard & Poor's Corporation or their comparably
recognized business successors or both Moody's Investors Service, Inc. and Standard & Poor's
Corporation if such institution is rated by both or their comparably recognized business
successors.
"Refunded Bonds" means the 1995 Bonds maturing on and after September 1, 2006.
"Refunding Account" means the City of Port Angeles 2005 Electric Revenue Refunding
Account authorized to be created and held by the Escrow Agent pursuant to Section 7.1 of this
ordinance.
"Refunding Bonds" means $2,235,000 principal amount of electric revenue bonds,
authorized to be issued pursuant to this ordinance to refund the Refunded Bonds.
"Registered Owner' means the person named as the registered owner of a Bond in the
Bond Register. For so long as the 2005 Bonds are held in book-entry only form, DTC shall be
deemed to be the sole Registered Owner.
"Revenues" means all income (including investment income), receipts and revenues
derived by the City through the ownership and operation of the Electric System but shall not
include:
(a) any income derived by the City through the ownership and operation of
any facilities that may hereafter be purchased, constructed or otherwise acquired by the City as a
separate utility system; or
(b) investment income restricted to a particular purpose inconsistent with its
use for the payment of debt service, including investment income derived pursuant to a plan of
debt retirement or refunding.
"Rule" means the Commission's Rule 15c2-12 under the Securities Exchange Act of
1934, as the same may be amended from time to time.
"Serial Bonds" means Bonds other than Term Bonds.
"SI])" means a state information depository for the State of Washington.
"Sinking Fund Requirement" for any Fiscal Year means the principal amount of Term
Bonds required to be purchased, redeemed or paid in such Fiscal Year as established by the
ordinance of the City authorizing the issuance of such Term Bonds.
"Sinking Fund Requirement Date" means, for any Fiscal Year, the date by which the
Sinking Fund Requirement for such Fiscal Year must be met, which with respect to the 2005
Bonds shall be October 1.
"Supplemental Ordinance" means any ordinance amending, modifying or supplementing
the provisions of this ordinance, including any ordinance providing for the issuance of Additional
Bonds.
"Surety Bond" means the surety bond, satisfying the definition of "Qualified Insurance,"
issued by the Insurer guaranteeing certain payments into the Reserve Account for the Bonds as
provided therein and subject to the limitations therein.
"Surety Agreement" means the Financial Guaranty Agreement with respect to the Surety
Bond dated as of the date of delivery of the Bonds, between the District and the Insurer,
authorized to be executed in substantially the form attached as Exhibit A to this ordinance.
"Term Bonds" means Bonds of any principal maturity that are subject to mandatory
redemption and for which mandatory sinking fund payments are required. The 2005 Bonds
maturing on September 1, 2020 shall be deemed "2005 Term Bonds."
"Underwriter" means Seattle-Northwest Securities Corporation.
Section 1.2. Interpretation. Words of the masculine gender shall be deemed and
construed to include correlative words of the feminine and neuter genders. Words imparting the
singular number shall include the plural numbers and vice versa unless the context shall
otherwise indicate. Reference to Articles, Sections and other subdivisions of this ordinance are
to the Articles, Sections and other subdivisions of this ordinance as originally adopted unless
expressly stated to the contrary. The headings or titles of the Articles and Sections hereof, and
the Table of Contents appended hereto, are for convenience of reference only and shall not define
or limit the provisions hereofi
ARTICLE II
FIND1NGS AND DETERMINATIONS
Section 2.1. Projects. The Council hereby approves the acquisition, development and
construction of the improvements to the Electric System included or to be included for 2005 in
the City's Capital Facilities Plan. The estimated cost of the Projects is .$925,000. In undertaking
the Projects, the City shall acquire and install all equipment and appurtenances necessary for
their proper operation and shall acquire by purchase, lease or condemnation all property, both
real and personal, or any interest therein, and all rights-of-way, franchises, and easements
necessary to complete the Projects. The Projects shall be subject to such changes as to size or
location or any other details as may be authorized by the City either prior to or during the course
of construction. The City may also elect to substitute for one or more of the Projects any other
Electric System improvements, approved by the Council, that are now or may hereafter be
included in the City's Capital Facilities Plan.
Section 2.2. Par/tv Conditions. The 1995 Bond Ordinance and 2001 Bond Ordinance
provide that the City may issue Additional Bonds payable from the Bond Fund on a parity with
the 1995 Bonds and 2001 Bonds upon compliance with certain conditions. The Council hereby
finds, as required by such provisions of the 1995 Bond Ordinance and 2001 Bond Ordinance, as
follows:
(i) There is no deficiency in the Bond Fund and no Event of Default has occurred and
is continuing.
(ii) The Refunding Bonds are being issued to refund the Refunded Bonds, and the
proceeds of the Refunding Bonds, together with other funds of the City, if necessary, and the
principal of and the interest on the investment of such proceeds or any such funds, shall be
sufficient to pay the principal of and the redemption premium, if any, on the Refunded Bonds to
be refunded and the interest that will become due and payable on or prior to the date of their
payment or redemption, and the expenses incident to the issuance of the Refunding Bonds.
(iii) Prior to delivery of the Refunding Bonds, there shall be filed with the City a
certificate signed by the Finance Director showing that the Annual Debt Service for any Fiscal
Year thereafter shall not be increased by more than $5,000 by reason of the issuance of the
Refunding Bonds.
(iv) Prior to delivery of the Project Bonds, there shall be filed with the City a
certificate signed by the Finance Director showing:
(A) the amount of the Net Revenues for any 12 consecutive months of the 24
months prior to the date of the issuance of the Project Bonds;
(B) the amount of the Average Annual Debt Service in any Fiscal Year
thereafter on account of the unrefunded 1995 Bonds, the 2001 Bonds, the Refunding Bonds and
the Project Bonds; and
(C) the percentage derived by dividing the amount shown in (A) above by the
amount shown in (B) above, which percentage shall be not less than 125%.
The Additional Bonds tests of the 1995 Bond Ordinance and 2001 Bond Ordinance
having been complied with or assured, the lien and charge on Revenues for the payment of the
principal of and interest on the Refunding Bonds and Project Bonds shall be equal to the lien and
charge thereon for the payment of principal of and interest on the 1995 Bonds and 2001 Bonds.
Section 2.3. Due Regard. The Council hereby finds and determines that due regard has
been given to the cost of the operation and maintenance of the Electric System and that it has not
obligated the City to set aside into the Bond Fund for the account of the 2005 Bonds a greater
amount of the revenues and proceeds of the Electric System than in its judgment will be available
over and above such cost of maintenance and operation and the cost of paying and securing the
payment of the unrefunded 1995 Bonds and the 2001 Bonds.
ARTICLE III
AUTHORIZATION AND ISSUANCE OF BONDS
Section3.1. Authorization of 2005 Bonds. The Refunding Bonds are hereby
authorized to be issued in the aggregate principal amount of $2,235,000 to refund the Refunded
Bonds and pay the costs of issuing the Refunding Bonds. The Project Bonds are hereby
authorized to be issued in the aggregate principal amount of $950,000 to finance costs of the
Projects and pay costs of issuing the Project Bonds.
The Refunding Bonds and the Project Bonds shall be issued as a combined series
designated as the City's Electric Revenue and Refunding Bonds, Series 2005 (the "2005
Bonds"), which shall be dated as of the date of their initial delivery to the Underwriter, shall bear
interest from their date at such rates per annum and shall mature on September 1 of such years
and in such amounts as follows:
Year
Amount Interest Rate
* Term Bond
2005
2006
2007
2008
2009
2010
2011
2012
2013
2014
2015
2016
2017
2020*
2021
2022
2023
2024
2025
$ 90,000
110 000
110 000
115 000
125 000
125 000
130 000
135 000
140,000
145,000
155,000
155,000
165,000
530,000
190,000
195,000
205,000
215,000
150,000
3.00%
3.00
3.00
3.00
3.00
4.00
4.00
4.00
4.00
4.00
3.75
3.75
3.80
4.00
4.05
4.10
4.20
4.25
4.30
- 12- P:\DOI~DOT1FR 02J01/05
The 2005 Bonds shall be fully registered as to both principal and interest, shall be in
denominations of $5,000 or any integral multiple thereof, provided that no 2005 Bond shall
represent more than one maturity, and shall be numbered separately in such manner and with any
additional designation as the Bond Registrar deems necessary for purposes of identification.
Interest on the 2005 Bonds shall be payable semiannually on March 1 and September 1 of each
year, beginning September 1, 2005.
Section 3.2. Registration, Exchange and Pawnents.
A. Bond Registrar/Bond Register. The City hereby specifies and adopts the system
of registration and transfer for the 2005 Bonds approved by the Washington State Finance
Committee from time to time through the appointment of state fiscal agencies, currently
including The Bank of New York in New York, New York (the "Bond Registrar"). The City
shall cause the Bond Register to be maintained by the Bond Registrar. So long as any 2005
Bonds remain outstanding, the Bond Registrar shall make all necessary provisions to permit the
exchange or registration of transfer of 2005 Bonds at its principal corporate trust office. The
Bond Registrar may be removed at any time at the option of the City upon prior notice to the
Bond Registrar, DTC, the Insurer, each NRMSIR and SID, if any, and a successor Bond
Registrar appointed by the City. No resignation or removal of the Bond Registrar shall be
effective until a successor shall have been appointed and until the successor Bond Registrar shall
have accepted the duties of the Bond Registrar hereunder. The Bond Registrar is authorized, on
behalf of the City, to authenticate and deliver 2005 Bonds transferred or exchanged in accordance
with the provisions of such 2005 Bonds and this ordinance and to carry out all of the Bond
Registrar's powers and duties under this ordinance. The Bond Registrar shall be responsible for
its representations contained in the Certificate of Authentication on the 2005 Bonds.
B. Registered Ownership. The City and the Bond Registrar may deem and treat the
Registered Owner of each 2005 Bond as the absolute owner for all purposes, and neither the City
nor the Bond Registrar shall be affected by any notice to the contrary. Payment of any such 2005
Bond shall be made only as described in Section 3.2.H hereof, but such 2005 Bond may be
transferred as herein provided. All such payments made as described in Section 3.2.H shall be
valid and shall satisfy the liability of the City upon such 2005 Bond to the extent of the amount
or amounts so paid.
C. DTC Acceptance/Letter of Representations. The 2005 Bonds shall initially be
held in fully immobilized form by DTC acting as depository. To induce DTC to accept the 2005
Bonds as eligible for deposit at DTC, the City has heretofore executed and delivered to DTC the
Letter of Representations.
Neither the City nor the Bond Registrar will have any responsibility or obligation to DTC
participants or the persons for whom they act as nominees with respect to the 2005 Bonds for the
accuracy of any records maintained by DTC or any DTC participant, the payment by DTC or any
DTC participant of any amount in respect of the principal of or interest on Bonds, any notice that
is permitted or required to be given to Registered Owners under this ordinance (except such
notices as shall be required to be given by the City to the Bond Registrar or to DTC), the
selection by DTC or any DTC participant of any person to receive payment in the event of a
partial redemption of the 2005 Bonds, or any consent given or other action taken by DTC as the
Registered Owner. For so long as any Bonds are held in fully-immobilized form hereunder, DTC
or its successor depository shall be deemed to be the Registered Owner for all purposes, and all
references in this ordinance to the Registered Owners shall mean DTC or its nominee and shall
not mean the owners of any beneficial interest in any Bonds.
D. Use of Depository. (i) The 2005 Bonds shall be registered initially in the name of
"CEDE & Co.", as nominee of DTC, with a single 2005 Bond for each maturity in a
denomination equal to the total principal amount of such maturity. Registered ownership of such
immobilized Bonds, or any portions thereof, may not thereafter be transferred except (A) to any
successor of DTC or its nominee, provided that any such successor shall be qualified under any
applicable laws to provide the service proposed to be provided by it; (B)to any substitute
depository appointed by the City pursuant to subsection (ii) below or such substitute depository's
successor; or (C) to any person as provided in subsection (iv) below.
(ii) 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 to discontinue 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.
(iii) In the case of any transfer pursuant to clause (A) or (B) of subsection (i)
above, the Bond Registrar shall, upon receipt of all outstanding Bonds, together with a written
request on behalf of the City, issue a single new Bond for each maturity then outstanding,
registered in the name of such successor or such substitute depository, or its nominee, all as
specified in such written request of the City.
(iv) In the event that (A) DTC or its successor (or substitute depository or its
successor) resigns from its functions as depository, and no substitute depository can be obtained,
or (B) the City determines that it is in the best interest of the beneficial owners of the 2005 Bonds
that the 2005 Bonds be provided in certificated form, the ownership of such Bonds may then be
transferred to any person or entity as herein provided, and shall no longer be held in
fully-immobilized form. The City shall deliver a written request to the Bond Registrar, together
with a supply of definitive Bonds in certificated form, to issue Bonds in any authorized
denomination. Upon receipt by the Bond Registrar of all then outstanding Bonds together with a
written request on behalf of the City to the Bond Registrar, new Bonds shall be issued in the
appropriate denominations and registered in the names of such persons as are provided in such
written request.
E. Transfer or Exchange of Registered Ownership; Change in Denominations. The
registered ownership of any Bond may be transferred or exchanged, but no transfer of any Bond
shall be valid unless it is surrendered to the Bond Registrar with the assignment form appearing
on such Bond duly executed by the Registered Owner or such Registered Owner's duly
authorized agent in a manner satisfactory to the Bond Registrar. Upon such surrender, the Bond
- 14- P:\DOT~DOTI FR 02/01/05
Registrar shall cancel the surrendered Bond and shall authenticate and deliver, without charge to
the Registered Owner or transferee, a new Bond (or Bonds at the option of the new Registered
Owner) of the same date, maturity and interest rate and for the same aggregate principal amount
in any authorized denomination, naming as Registered Owner the person or persons listed as the
assignee on the assignment form appearing on the surrendered Bond, in exchange for such
surrendered and cancelled Bond. Any Bond may be surrendered to the Bond Registrar and
exchanged, without charge, for an equal aggregate principal amount of Bonds of the same date,
maturity and interest rate, in any authorized denomination. The Bond Registrar shall not be
obligated to transfer or exchange any Bond during the period beginning at the opening of
business on the 15th day of the month next preceding any interest payment date and ending at the
close of business on such interest payment date, or, in the case of any proposed redemption of the
2005 Bonds, after the mailing of the notice of such redemption.
F. Bond Registrar's Ownership of 2005 Bonds. The Bond Registrar may become the
Registered Owner of any 2005 Bond 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 member of, or in any other capacity with respect to, any committee
formed to protect the right of the Registered Owners of 2005 Bonds.
G. Registration Covenant. The City covenants that, until all 2005 Bonds have been
surrendered and cancelled, it will maintain a system for recording the ownership of each 2005
Bond that complies with the provisions of Section 149 of the Code.
H. Place and Medium of Payment. The principal of and interest on the 2005 Bonds
shall be payable in lawful money of the United States of America. Interest on the 2005 Bonds
shall be calculated on the basis of a 360-day year and twelve 30-day months. For so long as all
2005 Bonds are in fully-immobilized form, such payments of principal and interest thereon shall
be made in accordance with the operational arrangements of DTC referred to in the Letter of
Representations.
In the event that the 2005 Bonds are no longer in fully-immobilized form, interest on the
2005 Bonds shall be paid by check or draft mailed to the Registered Owners at the addresses for
such Registered Owners appearing on the Bond Register on the 15th day of the month preceding
the interest payment date; provided, however, that if so requested in writing by the Registered
Owner of at least $1,000,000 principal amount of 2005 Bonds, interest will be paid by wire
transfer on the interest payment date to an account with a bank located within the United States.
Principal of the 2005 Bonds shall be payable upon presentation and surrender of such 2005
Bonds by the Registered Owners at the principal office of the Bond Registrar.
Section3.3. Redemptionof2005 Bonds.
A. Optional Redemption. The 2005 Bonds maturing in years 2005 through 2014 are
not subject to redemption prior to maturity. The 2005 Bonds maturing on and after September 1,
2015 are subject to redemption prior to maturity, at the option of the City, on or after
September 1, 2014, in whole or in part on any date (maturities to be selected by the City), at a
price of par plus interest accrued thereon to the date fixed for redemption. For so long as the
2005 Bonds are in book-entry form, the selection of 2005 Bonds within a maturity to be
redeemed and the manner Of providing notice of redemption to beneficial owners shall be
governed by the operational arrangements of DTC, as then in effect.
B. Mandatory Redemption. The 2005 Bonds maturing on September 1, 2020, shall
be redeemed prior to maturity by lot (or purchased or paid at maturity), not later than
September 1 in the years 2018 through 2020, inclusive, from amounts credited to the Bond
Retirement Account in the Bond Fund as sinking fund installments therefor (to the extent such
amounts have not been used to redeem or purchase such 2005 Bonds as provided in this
ordinance) and in the principal amounts as set forth below, upon written notice as provided in
Section 3.5 of this ordinance, by payment of the principal amount thereof, together with the
interest accrued thereon to the date fixed for redemption.
Year Amount
2018 $170,000
2019 175,000
2020 185,000
The foregoing amounts shall be deemed Sinking Fund Requirements for the 2005 Bonds
maturing on September 1, 2020 (the "2005 Term Bonds").
The City may purchase and redeem 2005 Term Bonds through the application of part or
all of the respective Sinking Fund Requirements therefor on the first day of any month prior to
any September 1. Any money not so used to purchase and redeem such 2005 Term Bonds shall
be applied to the redemption of such bonds on such September 1. If, as of any September 1, the
principal amount of 2005 Term Bonds retired by purchase (through application of Sinking Fund
Requirements or any other legally available funds) or redemption exceeds the cumulative Sinking
Fund Requirement through such date, such excess may be credited against the Sinking Fund
Requirement for the next Fiscal Year.
Section 3.4. Partial Redemption. If less than all of the principal amount of any 2005
Bond is redeemed, upon surrender of such 2005 Bond at the principal office of the Bond
Registrar, there shall be issued to the Registered Owner, without charge, for the then unredeemed
balance of the principal amount, a new 2005 Bond or 2005 Bonds, at the option of the Registered
Owner, of like maturity and interest rate in any authorized denomination.
Section 3.5. NoticeofRedemption.
A. Official Notice. Written notice of any redemption of 2005 Bonds shall be given
by the Bond Registrar on behalf of the City by first class mail, postage prepaid, not less than
30 days nor more than 60 days before the redemption date to the Registered Owners of 2005
Bonds that are to be redeemed at their last addresses shown on the Bond Register. So long as the
2005 Bonds are in book-entry form, notice of redemption shall be given as provided in the Letter
- 16- P:\DO~DOT1 FR 02/01105
of Representations. The Bond Registrar shall provide additional notice of redemption (at least
30 days) to each NRMSIR and SID, if any, in accordance with Section 13.5.
The requirements of this section shall be deemed complied with when notice is mailed,
whether or not it is actually received by the owner.
Each notice of redemption shall contain the following information: (1) the redemption
date, (2) the redemption price, (3) if less than all outstanding 2005 Bonds are to be redeemed, the
identification (and, in the case of partial redemption, the principal amounts) of the 2005 Bonds to
be redeemed, (4) that on the redemption date the redemption price will become due and payable
upon each 2005 Bond or portion called for redemption, and that interest shall cease to accrue
from the redemption date, (5)that the 2005 Bonds are to be surrendered for payment at the
principal office of the Bond Registrar, (6)the CUSIP numbers of all 2005 Bonds being
redeemed, (7) the dated date of the 2005 Bonds, (8) the rate of interest for each 2005 Bond being
redeemed, (9) the date of the notice, and (10) any other information needed to identify the 2005
Bonds being redeemed.
Upon the payment of the redemption price of Bonds being redeemed, each check or other
transfer of funds issued for such purpose shall bear the CUSIP number identifying, by issue and
maturity, the 2005 Bonds being redeemed with the proceeds of such check or other transfer.
B. Effect of Notice. Unless the City has revoked a notice of redemption, the City
shall transfer to the Bond Registrar amounts that, in addition to other money, if any, held by the
Bond Registrar, will be sufficient to redeem, on the redemption date, all the 2005 Bonds to be
redeemed. From the redemption date interest on each 2005 Bond to be redeemed shall cease to
accrue.
C. Amendment of Notice Provisions. The foregoing notice provisions of this section,
including but not limited to the information to be included in redemption notices and the persons
designated to receive notices, may be amended by additions, deletions and changes in order to
maintain compliance with duly promulgated regulations and recommendations regarding notices
of redemption of municipal securities.
Section 3.6. Purchase of 2005 Bonds. The City also reserves the right to purchase any
of the 2005 Bonds offered to the City at any time at a price deemed reasonable by the City.
ARTICLE IV
ISSUANCE OF ADDITIONAL BONDS
Section 4.1. Authorization of Series of Additional Bonds.
Before any series of Additional Bonds shall be issued under the provisions of this Article,
the City shall adopt an ordinance or ordinances authorizing the issuance of such bonds, fixing the
amount and the details thereof, describing in brief and general terms the purpose or purposes for
which such bonds are to be issued and specifying the amount, if any, of the proceeds of such
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bonds to be deposited to the credit of the construction or project fund created with respect to such
bonds or to another fund for the payment of capitalized interest on such bonds and to the Reserve
Account; provided, however, that deposits to the Reserve Account shall be made as required
under Section 6.2.C hereofi The bonds of each series issued under the provisions of this Section
shall be designated "Electric Revenue Bonds, Series ", shall be in such denominations,
shall be dated, shall bear interest at a rate or rates (including variable rates) not exceeding the
maximum rate then permitted by law, shall be payable, both as to principal and interest, at such
place or places, shall mature in such year or years, shall be made redeemable at such times and
prices (subject to the provisions of this ordinance), shall be numbered, shall have such Paying
Agents, and any Term Bonds of such series shall have such amortization requirements, all as may
be provided by ordinance or ordinances adopted by the City prior to the issuance of such bonds.
Section 4.2. Additional Bonds.
A. Additional Bonds may be issued payable from the Bond Fund on a parity with the
Bonds and secured by an equal charge and lien on the Revenues pledged to the Bond Fund for
any lawful purpose of the City, including the refunding of outstanding Bonds; provided that,
(i) except as to Bonds issued pursuant to Section 4.2.E hereof, at the time of the issuance of such
Additional Bonds, there is no deficiency in the Bond Fund, and no Event of Default has occurred
and is continuing, and (ii) the requirements of the applicable provisions of this Section 4.2 are
complied with.
B. Additional Bonds may be issued for any lawful purpose of the City if the
following requirements are met. A certificate signed by the Finance Director shall set forth:
(i) the amount of the Net Revenues for any 12 consecutive months of the 24
months prior to the date of the issuance of such Bonds;
(ii) the amount of the Average Annual Debt Service in any Fiscal Year
thereafter on account of all Bonds then outstanding under this ordinance and the
Additional Bonds then to be issued hereunder; and
(iii) the pementage derived by dividing the amount shown in (i) above by the
amount shown in (ii) above, and shall state that such percentage is not less than 125%;
C. Additional Bonds may also be issued for any lawful purpose of the City if the
following requirements are met. A certificate signed by a Professional Utility Consultant and
filed with the City Clerk shall set forth:
(i) the amount of the Adjusted Net Revenues computed as provided in
Section 4.2.H;
(ii) the amount of the Average Annual Debt Service thereafter on account of
all Bonds then outstanding under this ordinance and the Additional Bonds then to be
issued hereunder; and
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(iii) as to the applicable Fiscal Year under (ii) above, the pementage derived by
dividing the amount shown in (i) above by the amount shown in (ii) above, and shall state
that such percentage is not less than 125%.
Additional Bonds may be issued pursuant to Subsections E and F of this Section 4.2 without
complying with the provisions of this Subsection C.
D. Additional Bonds may also be issued for the purpose of paying part of the costs of
Distribution and Transmission Facilities .or Generating Facilities for which Bonds have
theretofore been issued, if a certificate is signed by a Professional Utility Consultant and filed
with the City Clerk, which (i) shall comply with the requirements of paragraph C above or (ii)
shall state that the issuance of such Additional Bonds is necessary to complete such facilities and
that the completion is necessary for the efficient and economic operation of the Electric System;
provided, however, that the principal amount of such Additional Bonds may not exceed ! 5% of
the principal amount of the Bonds theretofore issued for such facilities.
E. Additional Bonds may also be issued from time to time for the purpose of
providing funds, together with any other available funds, for retiring at or prior to their maturity
or maturities any or all of the outstanding Bonds of any series, including the payment of any
redemption premium thereon, and, if deemed necessary by the City, for paying the interest to
accrue thereon to the date fixed for their retirement and any expenses incident to the issuance of
such Additional Bonds.
F. Additional Bonds issued under subsection E above shall not be delivered unless
the proceeds (excluding any accrued interest but including any premium) of such Additional
Bonds, together with any other money that has been made available for such purposes, and the
principal of and the interest on the investment of such proceeds or any such money, shall be
sufficient to pay the principal of and the redemption premium, if any, on the Bonds to be
refunded and the interest that will become due and payable on or prior to the date of their
payment or redemption, and the expenses incident to the issuance of such Additional Bonds.
If such Additional Bonds are to be issued pursuant to Section 4.2.F above,
(1) there shall be filed with the City a certificate signed by the Finance
Director showing that the Annual Debt Service for any Fiscal Year thereafter shall not be
increased by more than $5,000 by reason of the issuance of the Additional Bonds; or
(2) There shall be filed with the City a certificate signed by a Professional
Utility Consultant setting forth:
(a) the amount of the Adjusted Net Revenues computed as provided in
Section 4.2.I;
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(b) the amount of the Average Annual Debt Service in any Fiscal Year
thereafter on account of all Bonds to be outstanding in such Fiscal Year and the
Additional Bonds then to be issued hereunder; and
(c) stating that the amount shown in (a) above is not less than 125% of
the amount shown in (b) above.
G. In rendering any certificate under this Section, the Professional Utility Consultant
may rely upon, and such certificate shall have attached thereto, (I) financial statements of the
Electric System, certified by the chief financial officer thereof, showing income and expenses for
the period upon which the same are based and a balance sheet as of the end of such period, or
(2) similar certified statements by the Division of Municipal Corporations of the Office of the
State Auditor of the State of Washington (or any successor thereto), or (3) similar certified
statement by an independent certified public accountant, if any, for as much of said period as any
examination by them has been made and completed. If two or more of such statements are
inconsistent with each other, the Professional Utility Consultant shall rely on the statement
described under (1) above.
In connection with the issuance of any Bonds pursuant to subsections 4.2.C, 4.2.D and
4.2.G of this Section, the certificate of the Professional Utility Consultant hereinabove referred to
shall be conclusive and the only evidence required to show compliance with the provisions and
requirements of said subsection.
H. For the purposes of the certificates required by Sections 4.2.C and 4.2.G of this
ordinance, Adjusted Net Revenues shall be computed by the Professional Utility Consultant as
follows:
(a) The Net Revenues for any 12 consecutive months (selected by the City)
out of the 24 months prior to the date of issuance of the Additional Bonds (such 12-month period
being herein called the "Base Period") may be adjusted:
(i) to reflect any changes in Net Revenues for the Base Period which would
have occurred if the schedule of rates and charges in effect at the time of the computation
(or approved by the Council as of the time of such computation and to become effective
within 12 months thereof) had been in effect during the portion of the Base Period in
which such schedule was not in effect;
(ii) to reflect a full 12 months of Net Revenues fi.om any customers of the
Electric System added prior to the computation date; and
(iii) to reflect any changes in Net Revenues estimated to be received fi.om
residences and businesses that are in existence as of the date of issuance of such
Additional Bonds and that are expected to connect to the Electric System as a result of,
and upon completion of, any facilities under construction or to be acquired, constructed or
installed as a part of the Electric System fi.om the proceeds of any Bonds.
I. Nothing contained herein shall prevent the City from refunding at one time all of
the Bonds then outstanding. Nothing contained herein shall prevent the City from issuing
obligations payable from a lien on the Revenues that is junior and inferior to the Bonds.
J. Additional Bonds may be issued from time to time without complying with the
requirements set forth above if, in the opinion of the Professional Utility Consultant, as
evidenced by a certificate filed with the City, it is necessary to repair any damage or loss to the
Electric System or if the Electric System has been destroyed or-damaged by disaster or
unanticipated event to such an extent that it cannot be operated; provided, however, that the
proceeds of any Additional Bonds issued for such purpose may only be used to return the Electric
System to, or to maintain the Electric System at, substantially its former or then operating
capacity; and provided further, that in the case of repair, such Additional Bonds may be issued
only to the extent that insurance proceeds from such damage or loss are insufficient for the
accomplishment of such purpose. So long as the 2005 Bonds remain outstanding, the consent of
the Insurer must be obtained prior to the issuance of Additional Bonds pursuant to this
Section 4.2.J.
K. In calculating Annual Debt Service for purposes of this Section, if the interest rate
on any Bonds is other than a fixed rate, the rate applicable at the time of computation shall be
used unless such rate is less than the most recently published Bond Buyer's Revenue Bond Index
for municipal revenue bonds, in which case the rate stated by such index shall be used. If such
index is no longer published, another nationally recognized index for municipal revenue bonds
maturing in 20 to 30 years shall be used.
ARTICLE V
GENERAL TERMS AND PROVISIONS OF BONDS
Section 5.1. Execution of 2005 Bonds. The 2005 Bonds shall be executed on behalf of
the City with the manual or facsimile signature of the Mayor, attested by the manual or facsimile
signature of the City Clerk, and shall have the seal of the City impressed, imprinted or otherwise
reproduced thereon. In case either or both of the officers who have signed or attested any of the
2005 Bonds cease to be such officer before such 2005 Bonds have been actually issued and
delivered, such 2005 Bonds shall be valid nevertheless and may be issued by the City with thc
same effect as though the persons who had signed or attested such 2005 Bonds had not ceased to
be such officers, and any 2005 Bond may be signed or attested on behalf of the City by officers
who at the date of actual execution of such 2005 Bond are the proper officers, although at the
nominal date of execution of such 2005 Bond such officer was not an officer of the City.
Only 2005 Bonds that bear a Certificate of Authentication in the form set forth in
Section 8, manually executed by the Bond Registrar, shall be valid or obligatory for any purpose
or entitled to the benefits of this ordinance. Such Certificate of Authentication shall be
conclusive evidence that the 2005 Bonds so authenticated have been duly executed, authenticated
and delivered and are entitled to the benefits of this ordinance.
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Section 5.2. Lost or Destroyed Bonds. If any 2005 Bonds are lost, stolen or destroyed,
the Bond Registrar may authenticate and deliver a new 2005 Bond or 2005 Bonds of like amount,
maturity and tenor to the Registered Owner upon such Registered Owner's paying the expenses
and charges of the Bond Registrar and the City in connection with preparation and authentication
of the replacement 2005 Bond or 2005 Bonds and upon his or her filing with the Bond Registrar
and the City evidence satisfactory to both that such 2005 Bond or 2005 Bonds were actually lost,
stolen or destroyed and of his or her ownership, and upon furnishing the City and the Bond
Registrar with indemnity satisfactory to both.
ARTICLE VI
CREATION OF SPECIAL FUNDS AND ACCOUNTS
AND PAYMENTS THEREFROM
Section 6.1. Light Fund.
A. A special fund of the City has heretofore been created pursuant to Ordinance
No. 374 passed by the City Council on May 5, 1910, and designated the "Light Fund." Said
Light Fund shall be maintained and continued in existence, and shall be held and administered by
the City. The City covenants and agrees that it will pay or cause to be paid all Revenues into the
Light Fund as promptly as practicable after receipt thereof.
There have heretofore been created the following accounts in the Light Fund: (i) the
General Account, (ii) the Contingency and Replacement Account, and (iii) the Rate Stabilization
Account. Such accounts shall be held and used for the purposes hereinafter described.
B. The Revenues of the City shall be deposited and credited to the following
accounts in the Light Fund and used only for the following purposes and in the following order
of priority:
(1) All Revenues paid into the Light Fund shall first be credited to the General
Account therein and applied as follows:
(i) to pay Operating Expenses and to provide sufficient working
capital for the operation of the Electric System;
(ii) to make all payments required to be made into the Interest Account
in the Bond Fund for the payment of accrued interest on the next interest payment
date;
(iii) to make all payments required to be made into the Principal
Account in the Bond Fund for the payment of the principal amount of Serial
Bonds next coming due, and into the Bond Retirement Account in the Bond Fund
for the mandatory redemption of Term Bonds;
(iv) to make all payments required to be made into the Reserve
Account in the Bond Fund created to secure the payment of the Bonds; and
(v) to make all payments required to be made into any special fund or
account created to pay or secure the payment of the principal of and interest on
any revenue bonds, warrants or other revenue obligations of the City having a lien
upon Revenues and money in the Light Fund and Bond Fund and accounts therein
junior and inferior to the lien thereon for the payment of the principal of and
interest on the Bonds.
(2) To the extent that surplus Revenues remain after the payments so required
to be made out of the General Account, the City shall credit to the Contingency and Replacement
Account in each Fiscal Year an amount equal to at least 25% of the Annual Debt Service in such
Fiscal Year.
(3) To the extent that surplus Revenues remain after the payments so required
to be made out of the General Account and the credit to the Contingency and Replacement
Account, the City may credit up to the full amount of such surplus to the Rate Stabilization Fund.
(4) After all of the above payments and credits have been made, amounts
remaining in the General Account may be used for any other lawful purpose of the Light Fund.
Any credits from the General Account pursuant to subsections (2) and (3) above, and any
credits to the General Account from the Rate Stabilization Account made pursuant to Section 9.3
hereof, shall be made prior to closing the books and accounts of the City for each Fiscal Year.
C. Money in the Contingency and Replacement Account shall be used from time to
time to make up any deficiencies in the Reserve Account, and such money in the Contingency
and Replacement Account is hereby pledged as additional payment to the Bond Fund to the
extent required for any such deficiencies. Money in the Contingency and Replacement Account
may be used to make additions, betterments, extensions, renewals, replacements and other capital
improvements to the Electric System, to retire Bonds, or may be used by the City for any other
lawful purpose of the City, but may not be paid directly into the Rate Stabilization Account.
The Rate Stabilization Account is created in anticipation of future increases in revenue
requirements. Funds in the Rate Stabilization Account may be transferred to the General
Account to accommodate part or all of those future revenue requirement increases.
Money in the Rate Stabilization Account may be used for any lawful purpose. Money in
the Rate Stabilization Account shall be used from time to time to make up any deficiencies in the
Bond Fund, and such money in the Rate Stabilization Account is hereby pledged as additional
payments to the Bond Fund to the extent required for any such deficiencies.
Nothing contained in this Section 6.1 shall be construed to require the deposit into the
Light Fund of any of the revenues, income, receipts or other money of the City derived by the
City through the ownership or operation of any separate utility system hereafter created or
established from funds other than the proceeds of Bonds.
Section 6.2. Bond Fund. Pursuant to Ordinance No. 2709, a special fund of the City
has heretofore been created and designated the "Electric System Revenue Bond Fund" (the
"Bond Fund"). The Bond Fund shall be held in trust and administered by the City and shall be
used solely for the purposes of paying the principal of, premium, if any, and interest on the
Bonds, and retiring the Bonds prior to maturity in the manner herein provided. The City hereby
obligates and binds itself irrevocably to set aside and to pay (to the extent not otherwise
provided) from money in the Light Fund into the Bond Fund, after paying or making provision
for Operating Expenses and prior to the payment of any other charge or obligation against such
Revenues, amounts sufficient to pay the principal of, premium, if any, and interest on all the
Bonds from time to time outstanding as the same respectively become due and payable, either at
the maturity thereof or in accordance with the terms of any Sinking Fund Requirement
established for the retirement of Term Bonds. The fixed amounts to be paid into the Bond Fund,
to the extent that such payments are not made from Bond proceeds or from other money which
may legally be available therefor, shall be as follows and in the following order of priority, to
wit:
A. There has been created in the Bond Fund, for the purpose of paying the interest on
Bonds as the same becomes due and payable, a Bond Interest Account (the "Interest Account").
No later than the last day of the month in which any Bonds are delivered to the initial purchasers
thereof and on or before the 25th day of each month thereafter, the City shall pay from the Light
Fund into the Bond Fund to the credit of the Interest Account an amount such that, if the same
amount were so paid and credited to the Interest Account on the 25th day of each of the months
preceding the next date upon which an installment of interest falls due on the Bonds, the
aggregate of the amounts so paid and credited to the Interest Account would on such date be
equal to the installment of interest then falling due on all Bonds then outstanding.
B. There has been created in the Bond Fund, for the purpose of paying outstanding
Serial Bonds as they mature and for the purpose of redeeming Term Bonds pursuant to the
Sinking Fund Requirement pertaining to such Term Bonds, the following accounts each of which
are equal in priority:
(i) The Bond Principal Account, for the purpose of paying outstanding Serial
Bonds as they mature (the "Principal Account"). No later than the 25th day of the 12th month
prior to each Serial Bond maturity, or if there are less than 12 months preceding such maturity
then no later than the last day of the month immediately succeeding the month in which the
Bonds are delivered to the initial purchaser(s) thereof, and on or before the 25th day of each
month thereafter, the City shall pay from the Light Fund into the Bond Fund to the credit of the
Principal Account an amount such that, if the same amount were so paid and credited to the
Principal Account on the 25th day of each succeeding month thereafter and prior to such Serial
Bond maturity date, the aggregate of the amounts so paid and credited to the Principal Account
would on such date be equal to the principal amount of Serial Bonds then falling due.
-24- P:~DOT~DOT1FR 02101105
(ii) The Bond Retirement Account, for the purpose of redeeming Term Bonds
pursuant to the Sinking Fund Requirement pertaining to such Term Bonds and to otherwise retire
Bonds prior to maturity (hereinafter referred to as the "Bond Retirement Account"). No later
than the 25th day of the 12th month prior to the date of each Sinking Fund Requirement, or if
there are less than 12 months preceding such Sinking Fund Requirement Date, then on the last
day of the month immediately succeeding the month in which the Bonds are delivered to the
initial purchaser(s) thereof, and on or before the 25th day of each succeeding month thereafter,
the City shall pay from the Light Fund into the Bond Fund to the credit of the Bond Retirement
Account an amount such that, if the same amount were so set aside in the Bond Fund and
credited to the Bond Retirement Account on the 25th day of each succeeding month thereafter
and prior to such Sinking Fund Requirement Date, the aggregate of the amounts so paid and
credited to the Bond Retirement Account would be equal to the Sinking Fund Requirement for
such date.
The City shall apply all the money paid into the Bond Fund for credit to the Bond
Retirement Account to the redemption of Term Bonds on the next ensuing Sinking Fund
Requirement Date (or may so apply such money prior to such Sinking Fund Requirement Date),
pursuant to the terms of this ordinance or of the Supplemental Ordinance authorizing the
issuance thereofi The City may also apply the money paid into the Bond Fund for credit to the
Bond Retirement Account for the purpose of retiring Term Bonds by the purchase of such Bonds
at a purchase price (including accrued interest and any brokerage charge) not in excess of the
principal amount thereof, in which event the principal amount of such Bonds so purchased shall
be credited against the next ensuing Sinking Fund Requirement. If as of any September 1 the
principal amount of the 2005 Term Bonds retired by purchase or redemption exceeds the
cumulative amount required to have been redeemed by sinking fund installments on or before
such September 1, then such excess may be credited against the Sinking Fund Requirement for
the 2005 Term Bonds for the following Fiscal Year. Any such purchase of Bonds by the City
may be made with or without tenders of Bonds in such manner as the City shall, in its discretion,
deem to be in its best interest.
C. There has been created a "Bond Reserve Account" in the Bond Fund (the
"Reserve Account"). Upon the issuance of the 2005 Bonds, the City shall obtain Qualified
Insurance in an amount that, together with other funds, if any, on deposit in the Reserve Account,
shall equal at least Average Annual Debt Service for the then outstanding Bonds. In the event of
the issuance of any Additional Bonds, the Supplemental Ordinance authorizing the issuance of
such Additional Bonds shall provide for approximately equal monthly payments into the Bond
Fund for credit to the Reserve Account from the money in the Light Fund, in such amounts and
at such times so that by no later than three years from the date of issuance of such Additional
Bonds there will be credited to the Reserve Account an amount equal to the Average Annual
Debt Service at the date of issuance of such Additional Bonds; provided, however, that the
proceedings authorizing the issuance of Additional Bonds may provide for payments into the
Bond Fund for credit to the Reserve Account from the proceeds of such Additional Bonds or
from any other money lawfully available therefor, in which event, in providing for deposits and
credits r~quired by the foregoing provisions of this paragraph, allowance shall be made for any
such amounts so paid into such Account.
Subject to the two preceding sentences, the money and value of Permitted Investments in
the Reserve Account shall be determined as of the last business day of each Fiscal Year and
maintained at an amount at least equal to the Average Annual Debt Service, except where it is
necessary for the City to make a transfer therefrom to the Interest Account, Principal Account or
Bond Retirement Account because of an insufficiency of money therein to make any required
payment of principal of or interest on any Bonds when due. The City shall make up any
deficiencies in such account arising because of such transfer, or because of an insufficient value
of money and Permitted Investments in such account, in not more than 18 approximately equal
consecutive monthly installments into the Reserve Account.
If at any time the money and value of Permitted Investments in the Reserve Account shall
exceed the amount of money and value of Permitted Investments then required to be maintained
therein by 10%, such excess may be transferred to the General Account in the Light Fund.
For the purposes of valuation of Permitted Investments pursuant to this Section 6.2.C, the
value of Permitted Investments shall be computed as follows: (a) the value of obligations which
mature within six months from the date of purchase thereof shall be the purchase price of such
obligations; and (b) the value of obligations which mature more than six months after the date of
purchase thereof shall be the lesser of (i) the principal or face amount of such obligations, or
(ii) the bid quotation price thereof as of the fifth business day next preceding the date of such
determination as reported in The Wall Street Journal, or in the event such newspaper is not
published or such price is not reported in said newspaper, in a newspaper of general circulation
or a financial journal published in the Borough of Manhattan, City and State of New York, or
(iii) the price at which such obligations are then redeemable by the owner at his option. The
computations made under this paragraph shall not include accrued interest.
In making the payments and credits to the Principal Account, Interest Account, Bond
Retirement Account and Reserve Account required by this Section 6.2, to the extent that such
payments are made from Bond proceeds, from money in any capitalized interest account, or from
other money that may legally be available, such payments are not required to be made from the
Light Fund.
The City may elect to meet the requirements of this Section 6.2.C with respect to the
Reserve Account through the use of a Qualified Letter of Credit, Qualified Insurance or other
equivalent credit enhancement device currently rated in one of the two highest rating categories
by Moody's Investors Service, Inc. or Standard & Poor's Rating Services. The City may contract
with the entity providing such Qualified Letter of Credit, Qualified Insurance or other equivalent
credit enhancement device that the City's reimbursement obligation, if any, to such entity ranks
on a parity of lien with the Bonds.
In the event that the City elects additionally to secure any issue of Additional Bonds
through the use of a Qualified Letter of Credit, Qualified Insurance or other equivalent credit
enhancement device, the City may contract with the entity providing such Qualified Letter of
Credit, Qualified Insurance or other equivalent credit enhancement device that the City's
-26- P:IE~O~DOTIFR 0Z~1/05
reimbursement obligation, if any, to such entity ranks on a parity of lien with outstanding Bonds;
provided that the payments due under such reimbursement agreement are such that if such
reimbursement obligation were a series of Additional Bonds, such Bonds could be issued in
compliance with the provisions of Article 1V hereof.
In making the payments and credits to the Reserve Account required by this Section 6.2,
to the extent that the City has obtained Qualified Insurance or a Qualified Letter of Credit for
specific amounts required pursuant to this section to be paid out of the Reserve Account, such
amounts so covered by Qualified Insurance or a Qualified Letter of Credit shall be credited
against the amounts required to be maintained in the Bond Reserve Account by this Section 6.2.C
to the extent that such payments and credits to be made are insured by an insurance company, or
guaranteed by a letter of credit from a financial institution. Upon the expiration of any Qualified
Letter of Credit or the termination of any Qualified Insurance, the Reserve Account shall be
funded in accordance with the third paragraph of this Section 6.2.C as if the Bonds that remain
outstanding had been issued on the date of such notice of expiration or termination.
D. In the event that there shall be a deficiency in the Interest Account, Principal
Account or Bond Retirement Account in the Bond Fund, the City shall promptly make up such
deficiency from the Reserve Account by the withdrawal of cash therefrom for that purpose and
by the sale or redemption of obligations held in the Reserve Account, if necessary, in such
amounts as will provide cash in the Reserve Account sufficient to make up any such deficiency.
The City covenants and agrees that any deficiency created in the Reserve Account by reason of
any withdrawal therefrom for payment into the Interest Account, Principal Account or Bond
Retirement Account shall be made up from money in the Light Fund available after making
provision first for payment of Operating Expenses and then for the required payments into such
Interest, Principal and Bond Retirement Accounts.
Money in the Bond Fund shall be transmitted to the Paying Agents in amounts sufficient
to meet the maturing installments of principal of, premium, if any, and interest on the Bonds
when due. Whenever the assets of the Bond Fund shall be sufficient to provide money to retire
all Bonds then outstanding, including such interest thereon as thereafter may become due and
payable and any premiums upon redemption thereof, no further payments need be made into the
Bond Fund. All money remaining in the Bond Fund after provision for the payment in full of the
principal of, premium, if any, and interest on the Bonds shall be returned to the Light Fund.
The Bond Fund shall be drawn upon solely for the purpose of paying the principal of,
premium, if any, and interest on the Bonds. Money set aside from time to time with the Paying
Agents for such payment shall be held in trust for the owners of the Bonds in respect of which
the same shall have been so set aside. Until so set aside, all money in the Bond Fund shall be
held in trust for the benefit of the owners of all Bonds at the time outstanding equally and ratably.
Section 6.3. Investment of Funds. Money held for the credit of the Interest Account,
Principal Account and Bond Retirement Account in the Bond Fund shall, to the fullest extent
practicable and reasonable, be invested and reinvested at the direction of the City solely in, and
obligations deposited in such accounts shall consist of, investments described in clauses A(1),
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A(2), A(3), B(1), B(2) and B(3) of the definition of Permitted Investments which shall mature
prior to the respective dates when the money held for the credit of such Accounts will be required
for the purposes intended. Money in the Reserve Account in the Bond Fund not required for
immediate disbursement for the purposes for which such Account is created shall, to the fullest
extent practicable and reasonable, be invested and reinvested at the direction of the City solely in,
and obligations deposited in the Reserve Account shall consist of investments described in
clauses A(1), A(2), A(3), B(1), B(2) and B(3) of the definition of Permitted Investments,
maturing or subject to redemption at the option of the owner thereof within 20 years from the
date of such investment (but maturing prior to the final maturity date of the Bonds then
outstanding).
Money in the Light Fund and any arbitrage rebate fund not required for immediate
disbursement for the purposes for which such Funds were created shall, to the fullest extent
practicable and reasonable, be invested and reinvested by the City in Permitted Investments;
provided, however, that so long as the 1995 Bonds remain outstanding, investments in any
capitalized interest account hereafter created shall be those described in clauses A(1), A(2), A(3),
B(1), B(2) and B(3) of the definition of Permitted Investments.
Except to the extent there are deficiencies in any account in the Bond Fund, all income
received from the investment of money in the Bond Fund and the Light Fund shall be from time
to time deposited in the Light Fund.
All money held or set aside by the City in the Light Fund Revenue Fund and Bond Fund
shall, until otherwise invested or applied as provided in this ordinance, be deposited by the City
in its name, for the account of the Light Fund (and the appropriate account therein) or the Bond
Fund (and the appropriate account therein), as the case may be, in such depositary or depositaries
as the City shall at any time or from time to time appoint for such purpose. All money so
deposited shall be secured in the manner prescribed by the laws of the State of Washington for
the securing of funds of the City.
When no Bonds are insured, City funds may be invested in any manner permitted by
Washington law.
ARTICLE VII
USE OF BOND PROCEEDS; PLAN OF REFUNDING
Section 7.1. Refunding Account. There is hereby authorized to be created in the Bond
Fund an account known as the "City of Port Angeles 2005 Electric Revenue Refunding Account"
(the "Refunding Account"), which Account is to be held by the Escrow Agent and drawn upon
for the sole purpose of paying the principal of and interest on the Refunded Bonds until their date
of redemption and of paying costs related to the refunding of the Refunded Bonds.
The proceeds of sale of the Refunding Bonds shall be credited to the Refunding Account
and, together with other funds of the City, if necessary, shall be used immediately upon receipt
thereof to defease the Refunded Bonds as authorized by the 1995 Bond Ordinance and pay costs
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of issuance. The City shall defease the Refunded Bonds and discharge such obligations by the
use of money in the Refunding Account to purchase certain Government Obligations (which
obligations so pumhased, are herein called "Acquired Obligations"), bearing such interest and
maturing as to principal and interest in such amounts and at such times that, together with any
necessary beginning cash balance, will provide for the payment off
(i) interest on the Refunded 1995 Bonds as it becomes due and payable
through and including September 1,2005; and
(ii) the redemption price (100% of the principal amount thereof) of the
Refunded 1995 Bonds on September 1, 2005.
Such Acquired Obligations shall be purchased at a yield not greater than the yield
permitted by the Code and regulations relating to acquired obligations in connection with
refunding bond issues.
The City hereby appoints the corporate trust department of U.S. Bank National
Association, Seattle, Washington as the Escrow Agent for the Refunded Bonds (the "Escrow
Agent"). A beginning cash balance, if any, and Acquired Obligations shall be deposited
irrevocably with the Escrow Agent in an amount sufficient to defease the Refunded Bonds. The
proceeds of the Bonds remaining in the Refunding Account after acquisition of the Acquired
Obligations and provision for the necessary beginning cash balance shall be utilized to pay
expenses of the acquisition and safekeeping of the Acquired Obligations and expenses of the
issuance of the Bonds. The City may, from time to time, transfer, or cause to be transferred, from
the Refunding Account any money not thereafter required for the purposes set forth in
subparagraphs (i) -- (ii) above, subject to verification in writing by an independent certified
public accountant that such transfer will not result in inadequate funds being available to make
the required payments therefrom. The City reserves the right to substitute other securities for the
Acquired Obligations in the event it may do so pursuant to Section 148 of the Code and
applicable regulations thereunder, upon compliance with the conditions set forth in the Escrow
Agreement.
Section 7.2. Call for Redemption of Refunded Bonds. The City hereby irrevocably sets
aside sufficient funds out of the purchase of Acquired Obligations from proceeds of the 2005
Bonds to make the payments described in Subsection (a)(i) - (ii) of Section 7.1. The City hereby
irrevocably calls the Refunded Bonds for redemption on September 1, 2005 in accordance with
the applicable provisions of the 1995 Bond Ordinance.
The defeasance and call for redemption of the Refunded Bonds shall be irrevocable after
the final establishment of the Refunding Account and delivery of the Acquired Obligations and
the requisite cash deposit, if any, to the Escrow Agent, except as provided herein relating to the
substitution of securities.
The Escrow Agent is hereby authorized and directed to provide for the giving of notices
of the redemption of the Refunded Bonds in accordance with the applicable provisions of the
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1995 Bond Ordinance. The City is authorized and requested to provide whatever assistance is
necessary to accomplish such redemption and the giving of notices therefor. The costs of
publication of such notices shall be an expense of the City.
The Escrow Agent is hereby authorized and directed to pay to the fiscal agency or
agencies of the State of Washington, sums sufficient to pay, when due, the payments specified in
of subsections (i) - (ii) of Section 7.1 of this ordinance. All such sums shall be paid from the
money and Acquired Obligations deposited with said Escrow Agent pursuant to the previous
section of this ordinance, and the income therefrom and proceeds thereof.
The City will take such actions as are found necessary to see that all necessary and proper
fees and expenses of the Escrow Agent shall be paid when due. The proper officers and agents
of the City are directed to obtain from the Escrow Agent an agreement setting forth the duties,
obligations and responsibilities of the Escrow Agent in connection with the redemption and
retirement of the Refunded Bonds as provided herein and setting forth such provisions for the
payment of the Escrow Agent as are satisfactory to it. The Finance Director is authorized and
directed to execute and deliver to the Escrow Agent an escrow agreement in form satisfactory to
the Escrow Agent and approved by counsel to the City.
Section 7.3. Finding of Savings and Defeasance. The Council hereby finds that the
issuance and sale of the 2005 Bonds at this time will effect a savings to the City and its
taxpayers. In making such finding a~.d determination, the Council has given consideration to the
interest on and the fixed maturities of the 2005 Bonds and the Refunded Bonds, the costs of
issuance of the 2005 Bonds and the known earned income from the investment of the proceeds of
sale of the 2005 Bonds pending redemption and payment of the Refunded Bonds.
The Council also finds that the Acquired Obligations to be deposited with the Escrow
Agent and the income therefrom, together with any necessary beginning cash balance, are
sufficient to redeem the Refunded Bonds and will discharge and satisfy the obligations of the
City under the 1995 Bond Ordinance. Immediately upon the delivery of such Acquired
Obligations to the Escrow Agent and the deposit of any necessary beginning cash balance, the
Refunded Bonds shall be deemed not to be outstanding under the 1995 Bond Ordinance and shall
cease to be entitled to any lien, benefit or security under such ordinance except the right to
receive payment from the Acquired Obligations and beginning cash balance so set aside and
pledged.
Section 7.4. Construction Account. There is hereby authorized to be created in the
office of the Finance Director a special subaccount within the Construction Account to be
designated as the "City of Port Angeles 2005 Electric System Construction Subaccount" (the
"2005 Construction Subaccount"). Proceeds of the Project Bonds shall be deposited into the
2005 Construction Subaccount and applied to pay costs of the Projects and costs of issuance of
the Project Bonds. Money in the 2005 Construction Subaccount shall be invested in Permitted
Investments; provided, however, that any investments of funds in any capitalized interest account
hereafter created shall be those described in clauses A(1), A(2), A(3), B(1), B(2) and B(3) of the
definition of Permitted Investments. Funds remaining in the 2005 Construction Subaccount after
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the Projects have been completed shall be deposited into the Contingency and Replacement
Account.
ARTICLE VIII
FORM OF 2005 BONDS
Section 8.1. Form of 2005 Bonds.
The 2005 Bonds shall be in substantially the following form:
[Bond Insurance Legend]
UNITED STATES OF AMERICA
STATE OF WASHINGTON
CITY OF PORT ANGELES, WASHINGTON
ELECTRIC REVENUE AND REFUNDING BOND, SERIES 2005
INTEREST RATE:
REGISTERED OWNER:
MATURITY DATE:
CUSIP NO.:
PRINCIPAL AMOUNT:
The City of Port Angeles, Washington (the "City"), hereby acknowledges itself to owe
and for value received promises to pay to the Registered Owner identified above, or registered
assigns, on the Maturity Date identified above, the Principal Amount indicated above and to pay
interest thereon from ., 2005, or the most recent date to which interest has been
paid or duly provided for until payment of this bond at the Interest Rate set forth above, payable
on the first days of each March and September, commencing on September 1, 2005. Both
principal of and interest on this bond are payable in lawful money of the United States of
America. For so long as the this bond is held in fully immobilized form, payments of principal
and interest thereon shall be made as provided in accordance with the operational arrangements
of DTC referred to in the Blanket Issuer Letter of Representations from the City to DTC.
Principal of and interest and premium, if any, on this bond are payable solely out of the
special fund of the City known as the "Electric System Revenue Bond Fund" (the "Bond Fund")
created and established by Ordinance No. 2709, passed on September 1, 1992. This bond is one
of a duly authorized series of bonds aggregating $3,185,000 in principal amount and designated
as "Electric System Revenue and Refunding Bonds, Series 2005" (the "Bonds"). The Bonds are
issued under and pursuant to Ordinance No. , passed on February 1, 2005 (the "Bond
Ordinance"), and under the authority of and in full compliance with the Constitution and laws of
the State of Washington. Unless otherwise defined on this Bond, capitalized terms used herein
shall have the meanings given them in the Bond Ordinance.
The Bonds are issued for the purpose of financing certain improvements to facilities of
the Electric System and refunding certain outstanding electric revenue bonds of the City. The
Bond Ordinance permits the issuance of Additional Bonds payable from the Bond Fund ranking
on a parity with the Bonds and secured by an equal charge and lien on the Revenues of the
Electric System (as such terms are defined in the Bond Ordinance).
Copies of the Bond Ordinance are on file at the principal office of the City and at the
principal office of the Bond Registrar, and reference thereto, and to any and all modifications and
amendments thereof, is hereby made for a more complete description of the Revenues available
for the payment of the principal of, premium, if any, and interest on the Bonds and the rights and
remedies of the owners of the Bonds with respect thereto, the terms and conditions upon which
the Bonds have been issued, and the terms and conditions upon which this Bond shall no longer
be secured by the Bond Ordinance or deemed to be outstanding hereunder if money or certain
specified securities sufficient for the payment of this Bond shall have been set aside in a special
account and held in trust solely for the payment thereof.
Under the Bond Ordinance, the City is obligated to set aside and pay into the Bond Fund
out of the Revenues of the Electric System, certain fixed amounts sufficient to pay the principal
of and interest and premium, if any, on all Bonds and any bonds at any time outstanding issued
on a parity therewith payable from such Fund as the same become due and payable, all as is more
fully provided in the Bond Ordinance. The Bonds and any bonds issued on a parity therewith
payable from the Bond Fund and the interest thereon constitute the only charge against the Bond
Fund and the amount of the Revenues pledged to said Bond Fund.
The City has covenanted to establish, maintain and collect rates or charges for electric
energy and other services, facilities and commodities sold, furnished or supplied by the Electric
System of the City that shall be fair and nondiscriminatory and adequate to provide Revenues
sufficient for the fixed amounts that the City is obligated to set aside in the Bond Fund to pay the
principal of and interest and premium, if any, on this Bond and the series of Bonds of which this
Bond is a part, and any other bonds payable from said Fund on a parity with the Bonds and for
the proper operation and maintenance of the Electric System, and all necessary repairs thereto
and replacements and renewals thereof.
The Bonds are subject to optional and mandatory redemption in accordance with the
Bond Ordinance.
This bond shall be transferable by the registered owner at the principal offices of the
Bond Registrar upon surrender and cancellation of this Bond, and thereupon a new registered
Bond of the same principal amount and interest rate and maturity will be issued to the transferee
as provided in the Bond Ordinance. The City, the paying agents and any other person may treat
the person in whose name this Bond is registered as the absolute owner hereof for the purpose of
receiving payment hereof and for all purposes and shall not be affected by any notice to the
contrary, whether this Bond be overdue or not.
The City has designated the Bonds as qualified tax-exempt obligations for investment by
certain financial institutions.
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This bond shall not be valid or become obligatory for any purpose or be entitled to any
security or benefit under the Bond Ordinance until the Certificate of Authentication hereon shall
have been manually signed by the Bond Registrar.
It is hereby certified, recited and declared that all acts, conditions and things required by
the Constitution and statutes of the State of Washington to exist, to have happened and to have
been performed precedent to and in the issuance of this bond do exist, have happened and have
been performed in due time, form and manner as prescribed by law, and that the amount of this
bond, together with all other obligations or indebtedness of the City, does not exceed any
constitutional or statutory limitations of indebtedness.
IN WITNESS WHEREOF, the City of Port Angeles, Washington, has caused this bond to
be executed by the manual or facsimile signature of its Mayor and attested by the manual or
facsimile signature of the City Clerk, and the seal of the City to be imprinted or reproduced
hereon, all as of ,2005.
CITY OF PORT ANGELES,
WASHINGTON
/si
Mayor
(SEAL)
Attest:
City Clerk
/s/
Date of Authentication:
CERTIFICATE OF AUTHENTICATION
This is one of the Electric Revenue and Refunding Bonds, Series 2005, of the City of Port
Angeles, Washington, dated ,2005, as described in the Bond Ordinance.
WASHINGTON STATE FISCAL
AGENCY
Bond Registrar
By
Authorized Officer
ASSIGNMENT
FOR VALUE RECEIVED, the undersigned hereby sells, assigns and transfers unto __
PLEASE INSERT SOCIAL SECURITY OR TAXPAYER IDENTIFICATION NUMBER OF TRANSFEREE
(Please print or typewrite name and address, including zip code, of Trmlsferee)
the within bond and does hereby irrevocably constitute and appoint of
, or its successor, as Bond Registrar to transfer said bond on the books
kept for registration thereof with full power of substitution in the premises.
DATED:
SIGNATURE GUARANTEED:
NOTE: The signature on this Assignment
must correspond with the name of the
registered owner as it appears upon the face
of the within bond in every particular,
without alteration or enlargement or any
change whatever.
ARTICLE IX
COVENANTS TO SECURE BONDS
The City covenants and agrees with the purchasers and owners of all Bonds, so long as
any such Bonds are outstanding, as follows:
Section 9.1. Security for Bonds. All Bonds are special limited obligations of the City
payable from and secured solely by Revenues, and by other money and assets specifically
pledged hereunder for the payment thereof. There are hereby pledged as security for the payment
of the principal of, premium, if any, and interest on all Bonds in accordance with the provisions
of this ordinance, subject only to the provisions of this ordinance restricting or permitting the
application thereof for the purposes and on the terms and conditions set forth in this ordinance:
(i) the Revenues, and (ii) the money and investments, if any, credited to the Light Fund, the
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Construction Account and the Bond Fund, and the income therefrom. The Revenues and other
money and securities hereby pledged shall immediately be subject to the lien of this pledge
without any physical delivery thereof or further act, and the lien of this pledge shall be valid and
binding as against all parties having claims of any kind in tort, contract or otherwise against the
City regardless of whether such parties have notice thereof.
All Bonds now or hereafter outstanding shall be equally and ratably payable and secured
hereunder without priority by reason of date of adoption of the ordinance providing for their
issuance or by reason of their series, number or date of sale, issuance, execution or delivery, or
by the liens, pledges, charges, trusts, assignments and covenants made herein, except as
otherwise expressly provided or permitted in this ordinance and except as to insurance which
may be obtained by the City to insure the repayment of one or more series or maturities within a
series.
The pledge of the Revenue and of the amounts to be paid into and maintained in the funds
and accounts described above in this Section to pay and secure the payment of Bonds is hereby
declared to be a prior lien and charge on the Revenues and the money and investments in such
funds and accounts, subject to provision for operating capital and to the payment of Operating
Expenses as provided in Section 6.1 .B hereof, and superior to all other liens and charges of any
kind or nature.
Bonds shall not in any manner or to any extent constitute general obligations of the City
or of the State of Washington, or any political subdivision of the State of Washington, or a
charge upon any general fund or upon any money or other property of the City or of the State of
Washington, or of any political subdivision of the State of Washington, not specifically pledged
thereto by this ordinance.
Section 9.2. Rate Covenant - General. The City will establish, maintain and collect
rates and charges for electric power and energy and other services, facilities and commodities
sold, fumished or supplied through the facilities of the Electric System that shall be fair and
nondiscriminatory and adequate to provide Revenues sufficient, together with other funds legally
available therefor, for the punctual payment of the principal of, premium, if any, and interest on
the Bonds for which the payment has not otherwise been provided, for all payments that the City
is obligated to make into the Bond Fund, and for the proper operation and maintenance of the
Electric System, and all necessary repairs, replacements and renewals thereof, including the
payment of all taxes, assessments or other governmental charges lawfully imposed on the
Electric System or the Revenues therefrom, or payments in lieu thereof, and the payment of all
other amounts which the City may now or hereafter become obligated to pay from the Revenues
by law or contract.
Section 9.3. Rate Covenant - Debt Service Coverage. The City will also establish,
maintain and collect rates and charges that shall be adequate to provide in each Fiscal Year Net
Revenues in an amount equal to at least 1.25 times the Annual Debt Service on the then
outstanding Bonds in such Fiscal Year. For the purpose of meeting the requirement of this
paragraph, (i) there may be added to Net Revenues for any Fiscal Year such amount, withdrawn
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from the Rate Stabilization Account and deposited in the General Account, and (ii) there must be
subtracted from Net Revenues for any Fiscal Year such amounts as are withdrawn from the
General Account and deposited into the Rate Stabilization Account for such Fiscal Year.
The City also covenants and agrees to maintain Net Revenues for the then current Fiscal
Year in an amount that will be equal to the Annual Debt Service on the then outstanding Bonds
in such Fiscal Year.
The failure to collect Revenues in any Fiscal Year sufficient to comply with the covenants
contained in this Section 9.3 shall not constitute an Event of Default if the City, before the 60th
day of the following Fiscal Year:
A. Employs a Professional Utility Consultant to recommend changes in the City's
rates that are estimated to produce Revenues sufficient (once the rates recommended by the
Professional Utility Consultant have been imposed by the City) to meet the requirements of this
Section; and
B. Promptly imposes rates at least as high as those recommended by such
Professional Utility Consultant.
The calculation of the coverage requirements set forth above, and in Section 4.2 hereof,
and the City's compliance therewith, may be made solely with reference to this ordinance
without regard to future changes in generally accepted accounting principles. If the City has
changed one or more of the accounting principles used in the preparation of its financial
statements, because of a change in generally accepted accotmting principles or otherwise, then an
event of default relating to these coverage requirements shall not be considered an Event of
Default if the coverage requirement ratios would have been complied with had the City continued
to use those accounting principles employed at the date of the most recent audited financial
statements prior to the date of this ordinance.
Section 9.4. Restrictions on Contracting of Obligations Secured by Revenues.
A. The City will not hereafter create any other special fund or funds for the payment
of revenue bonds, warrants or other revenue obligations, or issue any bonds, warrants or other
obligations or create any additional indebtedness that will rank on a parity with or prior to the
charge and lien on the Revenues or properties of the Electric System for the payments into the
Bond Fund, except as provided under Article 1V hereof.
B. Additional Bonds may be issued as provided in Article iV.
C. The City may issue bonds, notes, warrants or other obligations payable from and
secured by a lien on the Revenues of the Electric System that is subordinate or inferior to the lien
on such Revenues securing the Bonds and may create a special fund or funds for payment of such
subordinate obligations.
D. Unless such agreement specifically states that the obligation of the City
thereunder is junior to the obligation of the City to make payments from the Light Fund into the
Bond Fund, the City shall not hereafter enter into any agreement obligating the City to pay, from
Revenues, for (a) generating or transmission capacity or the use or lease of generating or
transmission facilities, which agreement is not conditional on the availability of such capacity or
facility, or (b) the installment pumhase or lease of property which, whether or not subject to
armual appropriations, otherwise transfers to the City the burdens and benefits of ownership of
such property.
Section 9.5. Covenant to Maintain System in Good Condition. The City shall at all
times maintain, preserve and keep, or cause to be maintained, preserved and kept, the properties
of the Electric System and all additions and betterments thereto and extensions thereof and every
part thereof, in good repair, working order and condition, and will from time to time make, or
cause to be made, all necessary and proper repairs, renewals, replacements, extensions and
betterments thereto so that at all times the business carried on in connection therewith shall be
properly and advantageously conducted. The City will at all times operate such properties and
the business in connection therewith or cause such properties and business to be operated in an
efficient manner and at a reasonable cost.
Section 9.6. Covenants Concerning Disposal of Properties of System. The City shall not
sell, mortgage, lease or otherwise dispose of the properties of the Electric System except as
provided in this Section.
A. The City will not sell or otherwise dispose of the Electric System in its entirety
unless simultaneously with such sale or other disposition, provision is made for the payment,
redemption or other retirement of all Bonds then outstanding.
B. Except as provided in C below, the City will not sell or otherwise dispose of any
part of the Electric System unless provision is made for the payment, redemption or other
retirement of a principal amount of Bonds equal to the greater of the following amounts,
provided, such amount is in excess of $100,000:
(1) An amount that will be in the same proportion to the net principal amount
of Bonds then outstanding (defined as the total principal amount of Bonds outstanding less the
amount of cash and investments in the Bond Fund) that the Revenues attributable to the part of
the Electric System sold or disposed of for the twelve preceding months bears to the total
Revenues for such period; or
(2) An amount that will be in the same proportion to the net principal amount
of Bonds then outstanding that the book value of the part of the Electric System sold or disposed
of bears to the book value of the entire Electric System immediately prior to such sale or
disposition.
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The City shall only be required to comply with the requirements of subsections (1) and
(2) above if the proceeds of such sale, lease or other disposition shall exceed 2% of the value of
the net utility plant of the Electric System.
C. The City may sell or otherwise dispose of any part of the Electric System that
shall have become unserviceable, inadequate, obsolete or unfit to be used in the operation of the
Electric System, or no longer necessary, material to or useful in such operation, and may also sell
or otherwise dispose of street lighting systems now or hereafter owned by the City at a price
permitted by law. The proceeds of any such sale or disposition pursuant to this subsection C
shall be paid into the Bond Fund for credit to the Reserve Account to the extent of any deficiency
in such Reserve Account, and the balance of such proceeds, if any, shall be deposited in the Light
Fund.
D. Notwithstanding any other provision of this Section 9.6 to the contrary, the City
may sell or otherwise dispose of any part of the Electric System if the City obtains a certificate
satisfying the requirements of Section 4.2.B or Section 4.2.C hereof.
Section 9.7. Insurance. The City shall either self-insure or, as needed, and to the
extent insurance coverage is available at reasonable cost with responsible insurers, keep, or cause
to be kept, the Electric System and the operation thereof insured, with policies payable to the
City, against the risks of direct physical loss, damage to or destruction of the Electric System, or
any part thereof, and against accidents, casualties or negligence, including liability insurance and
employer's liability, at least to the extent that similar insurance is usually carried by electric
utilities operating like properties.
In the event of any loss or damage to the properties of the Electric System covered by
insurance, the City will (i) with respect to each such loss, promptly repair and reconstruct to the
extent necessary to the proper conduct of the operations of the Electric System the lost or
damaged portion thereof and shall apply the proceeds of any insurance policy or policies
covering such loss or damage for that purpose to the extent required therefor, unless in the case
of loss or damage involving $300,000 or more, such repair and reconstruction shall not be
recommended by the Professional Utility Consultant, and (ii) if the City shall not use the entire
proceeds of such insurance to repair or reconstruct such lost or damaged property, such insurance
proceeds thereof not so used shall be paid into the Light Fund, and if in excess of $300,000 for
any one loss or damage, shall be used to purchase or redeem Bonds or to acquire or construct
extensions, betterments and improvements to the Electric System.
Section 9.8. Books of Account. The City shall keep proper books of account as
required by this ordinance in accordance with the rules and regulations prescribed by the
Division of Municipal Corporations of the Office of the State Auditor of the State of
Washington, or other State department or agency succeeding to such duties of the State Auditor's
office, and if no such rules or regulations are prescribed, then in substantial accordance with the
uniform system of accounts prescribed by the Federal Energy Regulatory Council or other federal
agencies having jurisdiction over electric public utility companies owning and operating
properties similar to the electric properties operated by the City, whether or not the City is at that
time required by law to use such system of accounts. The City shall cause its books of account to
be audited by the Office of the State Auditor or other state agency as may be authorized and
directed by law to make such audit, or if the audit shall not be made within twelve months after
the close of any Fiscal Year of the City, then the City shall cause such audit to be made by
independent certified public accountants licensed, registered or entitled to practice, and
practicing as such, under the laws of the State of Washington who, or each of whom, is in fact
independent and does not have any interest, direct or indirect, in any contract with the City other
than his contract of employment pursuant to this Section and who is not connected with the City
as an officer or employee of the City. In keeping the books of account, the City shall accrue
depreciation monthly on depreciable properties operated by the City in accordance with the
accounting practice prescribed by the uniform system of accounts of the Federal Energy
Regulatory Council above mentioned. The City will furnish a copy of the most recent audit
report to any owner of Bonds upon written request therefor. Any owner of Bonds may also
obtain at the office of the City copies of the balance sheet and income and expense statements
showing in reasonable detail the financial condition of the Electric System as of the close of each
Fiscal Year, including the transactions relating to the Light Fund, the Bond Fund, and all other
funds and accounts created or maintained pursuant to the provisions of this ordinance.
Section 9.9. Covenant Not to Render Service Free of Charge. So long as any Bonds
are outstanding, the City shall not furnish or supply or permit the furnishing or supplying of
electric energy or any other commodity, service or facility furnished by or in connection with the
operation of the Electric System free of charge to any person, firm or corporation, public or
private, and the City will promptly enforce the payment of any and all accounts owing to the City
and delinquent, by discontinuing service or by filing suits, actions or proceedings, or by both
discontinuance of service and filing suit; provided, that to the extent permitted by law, the City
may loan money and may provide commodities, services or facilities free of charge or at a
reduced charge in connection with a plan of conservation of electric energy or senior citizen or
indigent ratepayer discounts adopted by the Council.
Section 9.10. Covenant to Make Only Economically Sound Improvements. The City
shall not expend any money in the Light Fund or the proceeds of Additional Bonds or other
obligations for any renewals, replacements~ extensions, betterments and improvements to the
Electric System that are not economically sound and will not properly and advantageously
contribute to the conduct of the business of the City in an efficient and economical manner;
provided that the foregoing shall not preclude the City from paying any legal or contractual
obligations.
Section 9.11. Covenant to Pay Bond Principal and Interest Punctually. The City shall
duly and punctually pay or cause to be paid, but only from the Bond Fund, the principal of,
premium, if any, and interest on each and every Bond on the dates and at the places and in the
manner provided in the Bonds, according to the true intent and meaning thereof, and will
faithfully do and perform and fully observe and keep any and all covenants, undertakings,
stipulations and provisions contained in the Bonds and in this ordinance and each Supplemental
Ordinance author/zing Additional Bonds.
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Section 9.12. Covenant to Pay Taxes, Assessments and Other Claims. The City shall
from time to time duly pay and discharge, or cause to be paid and discharged, when the same
shall become due, all taxes, assessments and other governmental charges, or payments in lieu
thereof, lawfully imposed upon the Electric System or the Revenues, and all claims for labor and
materials and supplies which, if not paid, might become a lien or charge upon the Electric
System, or any part thereof, or upon the Revenues, or which might in any way impair the security
of the Bonds, except taxes, assessments, charges or claims which the City shall in good faith
contest by proper legal proceedings.
Section 9.13. Covenant to Retain Competent Management. The City shall at all times
retain and employ a competent manager for the Electric System who shall be an experienced
executive of administrative ability. All employees or agents of the City who collect or handle
money of the City shall be bonded by a responsible surety company or companies in amounts
sufficient to protect the City adequately from loss.
Section 9.14. Further Assurances. The City shall, at any and all times, insofar as it may
be authorized so to do, pass, make, do, execute, acknowledge and deliver all and every such
further ordinances, acts, deeds, conveyances, assignments, transfers and assurances as may be
necessary or desirable for the better assuring, conveying, granting, assigning and confirming any
and all of the fights, Revenues and other funds hereby pledged or assigned to the payment of the
Bonds, or intended so to be, or which the City may hereafter become bound to pledge or assign.
Section 9.15. Tax Covenants; Special Designation. The City shall comply with the
provisions of this Section unless, in the written opinion of bond counsel to the City, such
compliance is not required in order to maintain the exemption of the interest on the 2005 Bonds
from federal income taxation.
The City hereby covenants that it will not make any use of the proceeds of sale of the
2005 Bonds or any other funds of the City that may be deemed to be proceeds of such 2005
Bonds pursuant to Section 148 of the federal Internal Revenue Code of 1986 and the applicable
regulations thereunder that will cause the 2005 Bonds to be "arbitrage bonds" within the meaning
of said section and said regulations. The City will comply with the requirements of Section 148
of the Internal Revenue Code of 1986, as amended (or any successor provision thereof applicable
to the 2005 Bonds), and the applicable regulations thereunder throughout the term of the 2005
Bonds.
The City further covenants that it will not take any action or permit any action to be taken
that would cause the 2005 Bonds to constitute "private activity bonds" under Section 141 of the
federal Internal Revenue Code of 1986, as amended.
The City hereby designates the 2005 Bonds as "qualified tax-exempt obligations" for
purchase by financial institutions pursuant to Section 265(b) of the Code. The City does not
anticipate that it will issue more than $10,000,000 in qualified tax-exempt obligations during the
year 2005.
ARTICLE X
SUPPLEMENTAL AND AMENDATORY ORDINANCES
Section 10.1. Amendments Without Consent of Bondowners. The City may adopt at
any time and from time to time without the consent of the owners of any Bonds an ordinance or
ordinances supplemental to or amendatory of this ordinance and any Supplemental Ordinance
theretofore adopted for any one or more of the following purposes:
(1) To provide for the issuance of Additional Bonds pursuant to Article IV
hereof, and to prescribe the terms and conditions pursuant to which such Additional Bonds may
be issued, paid or redeemed;
(2) To add additional covenants and agreements of the City for the purpose of
further securing the payment of the Bonds, provided such additional covenants and agreements
are not contrary to or inconsistent with the covenants and agreements of the City contained in this
ordinance or any Supplemental Ordinance;
(3) To prescribe further limitations and restrictions upon the issuance of
Bonds and the incurring of indebtedness by the City payable from the Revenues that are not
contrary to or inconsistent with the limitations and restrictions thereon theretofore in effect;
(4) To surrender any right, power or privilege reserved to or conferred upon
the City by the terms of this ordinance;
(5) To confirm as further assurance any pledge under, and the subjection to
any lien, claim or pledge created or to be created by, the provisions of this ordinance of the
Revenues or of any other money, securities or funds;
(6) To cure any ambiguity or defect or inconsistent provision of this ordinance
or any Supplemental Ordinance or to insert such provisions clarifying matters or questions
arising under this ordinance or any Supplemental Ordinance as are necessary or desirable in the
event any such modifications are not contrary to or inconsistent with this ordinance or any
Supplemental Ordinance as theretofore in effect; or
(7) To modify any of the provisions of this ordinance or any Supplemental
Ordinance in any other respect; provided that such modification shall not be effective until after
the Bonds outstanding as of the date of adoption of such ordinance shall cease to be outstanding,
and any Bonds issued under such ordinance shall contain a specific reference to the modifications
contained in such subsequent ordinance.
Section 10.2. Amendments With Consent of Bondowners. The provisions of this
ordinance and of any Supplemental Ordinance may be modified at any time or fi.om time to time
by a Supplemental Ordinance, with the consent ofbondowners in accordance with and subject to
the provisions of Article XII hereof. Written notice of any amendment to this ordinance or any
Supplemental Ordinance shall be given to Moody's Investors Service, 99 Church Street, New
York, NY 10007, Attention: Public Finance.
ARTICLE XI
DEFAULTS AND REMEDIES
Section 11.1. Events of Default. The Council hereby finds and determines that the
continuous operation of the Electric System and the collection, deposit and disbursement of the
Revenues in the manner provided in Ordinance Nos. 2709, 2877, 2879, 3100, this ordinance, and
any Supplemental Ordinances thereto are essential to the payment and security of the Bonds, and
the failure or refusal of the City to perform the covenants and obligations contained in such
ordinances will endanger the necessary continuous operation of the Electric System and the
application of the Revenues to the purposes set forth in such ordinances. Ordinance Nos. 2709,
2877, 2879, 3100, this ordinance and each Supplemental Ordinance adopted pursuant to
Article X are hereinafter in this Article XI and in Article XII referred to collectively as "the
Ordinance."
The City hereby covenants and agrees with the purchasers and owners from time to time
of the Bonds, in order to protect and safeguard the covenants and obligations undertaken by the
City securing the Bonds, that the following shall constitute "Events of Default":
(1) If the City shall default in the performance of any obligations with respect
to payments into the Light Fund;
(2) If default shall be made in the due and punctuhl payment of the principal
of and premium, if any, on any of the Bonds when the same shall become due and payable, either
at maturity or by proceedings for redemption or otherwise;
(3) If default shall be made in the due and punctual payment of any
installment of interest on any Bond;
(4) If the City shall fail, by any Sinking Fund Requirement Date, to have
purchased or redeemed Term Bonds in a cumulative principal amount at least equal to the
cumulative Sinking Fund Requirements at such Sinking Fund Requirement Date;
(5) If the City shall default in the observance and performance of any other of
the covenants, conditions and agreements on the part of the City contained in the Ordinance and
such default or defaults shall have continued for a period of 60 days after the City shall have
received from a Bondowners' Trustee or from the owners of not less than 20% in principal
amount of the Bonds outstanding, a written notice specifying and demanding the cure of such
default;
(6) If the City shall (except as herein permitted) sell, transfer, assign or convey
any properties constituting the Electric System or interests therein, or any part or parts thereof, or
shall make any agreement for such sale or transfer (except as expressly authorized by Section 9.6
hereof);
(7) If an order, judgment or decree shall be entered by any court of competent
jurisdiction: (a) appointing a receiver, trustee or liquidator for the City or the whole or any
substantial part of the Electric System; (b) approving a petition filed against the City seeking the
bankruptcy, arrangement or reorganization of the City under any applicable law of the United
States or the State of Washington; or (c) assuming custody or control of the City or of the whole
or any substantial part of the Electric System under the provisions of any other law for the relief
or aid of debtors and such order, judgment or decree shall not be vacated or set aside or stayed
(or, in case custody or control is assumed by said order, such custody or control shall not be
otherwise terminated) within 60 days from the date of the entry of such order, judgment or
decree; or
(8) If the City shall: (a) admit in writing its inability to pay its debts generally
as they become due; (b) file a petition in bankruptcy or seeking a composition of indebtedness
under any state or federal bankruptcy or insolvency law; (c) make an assignment for the benefit
of its creditors; (d) consent to the appointment of a receiver of the whole or any substantial part
of the Electric System; or (e) consent to the assumption by any court of competent jurisdiction
under the provisions of any other law for the relief or aid of debtors of custody or control of the
City or of the whole or any substantial part of the Electric System.
Section 11.2. Waivers of Default. No delay or omission of the Bondowners' Trustee or
of any owner of Bonds to exercise any right or power arising upon the happening of an Event of
Default shall impair any right or power or shall be construed to be a waiver of any such Event of
Default or to be an acquiescence therein; and every power and remedy given by this Article to the
Bondowners' Trustee or to the owners of Bonds may be exercised from time to time and as often
as may be deemed expedient by the Bondowners' Trustee or by such owners.
The Bondowners' Trustee or the owners of not less than 50% in principal amount of the
Bonds at the time outstanding, or their attorneys-in-fact duly authorized, may on behalf of the
owners of all of the Bonds waive any past default under the Ordinance and its consequences,
except a default in the payment of the principal of, premium, if any, or interest on any of the
Bonds. No such waiver shall extend to any subsequent or other default or impair any right
consequent thereon.
Section 11.3. Bondowners' Trustee. So long as an Event of Default shall not have been
remedied, a Bondowners' Trustee may be appointed by the owners of 20% in principal amount of
the Bonds then outstanding, by an instrument or concurrent instruments in writing signed and
acknowledged by such bondowners or by their attomeys-in-fact duly authorized and delivered to
such Trustee, notification thereof being given to the City. Any Bondowners' Trustee appointed
under the provisions of this Section 11.3 shall be a bank or trust company organized under the
laws of the State of Washington or the State of New York or a national banking association. The
fees and expenses of the Bondowners' Trustee shall be borne by the Bondowners and not by the
City. The bank or trust company acting as Bondowners' Trustee may be removed at any time,
and a successor Bondowners' Trustee may be appointed, by the owners of a majority in principal
amount of the Bonds, by an instrument or concurrent instruments in writing signed and
acknowledged by such Bondowners or by their attorneys-in-fact duly authorized.
The Bondowners' Trustee appointed in the manner herein provided, and each successor
thereto, is hereby declared to be a trustee for the owners of all the Bonds and is empowered to
exercise all the fights and powers herein conferred on the Bondowners' Trustee.
Section 11.4. Suits at Law or in Equity. The Bondowners' Trustee may upon the
happening of an Event of Default, and during the continuance thereof, take such steps and
institute such suits, actions or other proceedings in its own name, or as trustee, all as it may deem
appropriate for the protection and enforcement of the fights of bondowners to collect any
amounts due and owing the City, or to obtain other appropriate relief, and may enforce the
specific performance of any covenant, agreement or condition contained in the Ordinance, or in
any of the Bonds.
Any action, suit or other proceedings instituted by the Bondowners' Trustee hereunder
shall be brought in its name as trustee for the bondowners and all such rights of action upon or
under any of the Bonds or the provisions of the Ordinance may be enfomed by the Bondowners'
Trustee without the possession of any of said Bonds, and without the production of the same at
any trial or proceedings relative thereto except where otherwise required by law, and the
respective owners of said Bonds, by taking and holding the same, shall be conclusively deemed
irrevocably to appoint the Bondowners' Trustee the true and lawful trustee of the respective
owners of said Bonds, with authority to institute any such action, suit or proceeding; to receive as
trustee and deposit in trust any sums becoming distributable on account of said Bonds; to execute
any paper or documents for the receipt of such money, and to do all acts with respect thereto that
the bondowner himself might have done in person. Nothing heroin contained shall be deemed to
authorize or empower the Bondowners' Trustee to consent to accept or adopt, on behalf of any
owner of any Bond, any plan or reorganization or adjustment affecting the said Bonds of the City
or any right of any owner thereof, or to authorize or empower the Bondowners' Trustee to vote
the claims of the owners thereof in any receivership, insolvency, liquidation, bankruptcy,
reorganization or other proceeding to which the City shall be a party.
Section 11.5. Books of City Open to Inspection. The City covenants that if an Event of
Default shall have happened and shall not have been remedied, the books of record and account
of the City shall at all times be subject to the inspection and use of the Bondowners' Trustee.
The City covenants that if an Event of Default shall happen and shall not have been
remedied, the City will continue to account, as trustee of an express trust, for all Revenues and
other money, securities and funds pledged under the Ordinance.
Section 11.6. Payment of Funds to Bondowners' Trustee. The City covenants that if an
Event of Default shall happen and shall not have been remedied, the City, upon demand of the
Bondowners' Trustee, shall pay over to the Bondowners' Trustee (i) forthwith, all money,
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securities and funds then held by the City and pledged under the Ordinance, and (ii) as promptly
as practicable after receipt thereof, all Revenues.
Section 11.7. Application of Funds by Bondowners' Trustee. During the continuance of
an Event of Default the Revenues received by the Bondowners' Trustee pursuant to the
provisions of the preceding paragraph shall be applied by the Bondowners' Trustee, first, to the
payment of the reasonable and proper charges, expenses and liabilities paid or incurred by the
Bondowners' Trustee (including the cost of securing the services of any engineer or firm of
engineers selected for the purpose of rendering advice with respect to the sufficiency of the rates
and charges for power and energy sold, furnished or supplied by the Electric System), and
second, in accordance with the provisions of Section 7.1 of the Ordinance.
In the event that at any time the funds held by the Bondowners' Trustee and the Paying
Agents for the Bonds shall be insufficient for the payment of the principal of, premium, if any,
and interest then due on the Bonds, such funds (other than funds held for the payment or
redemption of particular Bonds which have theretofore become due at maturity or by call for
redemption) and all Revenues and other money received or collected for the benefit or for the
account of owners of the Bonds by the Bondowners' Trustee shall be applied as follows:
First, to the payment to the persons entitled thereto of all installments of interest
then due in the order of the maturity of such installments, earliest maturities first, and, if
the amount available shall not be sufficient to pay in full any installment or installments
or interest maturing on the same date, then to the payment thereof ratably, according to
the amounts due thereon, to the persons entitled thereto, without any discrimination or
preference; and
Second, to the payment to the persons entitled thereto of the unpaid principal and
premium, if any, of any Bonds which shall have become due, whether at maturity or by
call for redemption, in the order of their due dates, earliest maturities first, and, if the
amount available shall not be sufficient to pay in full all the Bonds due on any date, then
to the payment thereof ratably, according to the amounts of principal and premium, if any,
due on such date, to the persons entitled thereto, without any discrimination or
preference.
Section 11.8. Relinquishment of Funds Upon Remedy of Default. If and whenever all
overdue installments of interest on all Bonds, together with the reasonable and proper charges,
expenses and liabilities of the Bondowners' Trustee and the owners of Bonds, their respective
agents and attorneys, and all other sums payable by the City under the Ordinance, including the
principal of, premium, if any, and accrued unpaid interest on all Bonds then payable (with
interest upon such principal and premium, if any, and, to the extent that payment of such interest
is enforceable under applicable law, on overdue installments of interest, at the same rate as the
rate of interest specified in the Bonds, to the date of such payment or deposit), shall either be
paid by or for the account of the City, or provision satisfactory to the Bondowners' Trustee shall
be made for such payment, and all defaults under the Ordinance or the Bonds shall be made good
or secured to the satisfaction of the Bondowners' Trustee or provision deemed by the
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Bondowners' Trustee to be adequate shall be made therefor, the Bondowners' Trustee shall pay
over to the City all money, securities, funds and Revenues then remaining unexpended in the
hands of the Bondowners' Trustee and thereupon all Revenues shall thereafter be applied as
provided in the Ordinance. No such payment over to the City by the Bondowners' Trustee or
resumption of the application of Revenues as provided in the Ordinance shall extend to or affect
any subsequent default under the Ordinance or impair any right consequent thereon.
Section 11.9. Suits by Individual Bondowners. No owner of any one or more of the
Bonds shall have any right to institute any action, suit or proceeding at law or in equity, unless an
Event of Default shall have happened and be continuing, and unless no Bondowners' Trustee has
been appointed as herein provided, but any remedy herein authorized to be exemised by the
Bondowners' Trustee may be exemised individually by any bondowner, in his own name and on
his own behalf or for the benefit of all bondowners, in the event that no Bondowners' Trustee has
been appointed, or with the consent of the Bondowners' Trustee if such Bondowners' Trustee has
been appointed; provided, however, that nothing in the Ordinance or in the Bonds shall affect or
impair the obligation of the City, which is absolute and unconditional, to pay from Net Revenues
the principal of and interest on the Bonds to the respective owners thereof at the respective due
dates therein specified, or affect or impair the right of action, which is absolute and
unconditional, of such owners to enforce such payment.
Section 11.10. Remedies Granted in Ordinance not Exclusive No remedy by the terms of
the Ordinance conferred upon or reserved to the Bondowners' Trustee or the owners of the
Bonds is intended to be exclusive of any other remedy, but each and every such remedy shall be
cumulative and shall be in addition to every other remedy given under the Ordinance or existing
at law or in equity or by statute on or after the date of adoption of the Ordinance.
ARTICLE XlI
AMENDMENTS AND BONDOWNERS MEETINGS
Section 12.1. Call of Bondowners Meetings. The City, the Bondowners' Trustee or the
owners of not less than 20% in principal amount of the Bonds then outstanding may at any time
call a meeting of the owners of the Bonds. Every such meeting shall be held at such place in the
City of New York, New York, or in the City of Seattle, Washington, as may be specified in the
notice calling such meeting. Written notice of such meeting, stating the place and time of the
meeting and in general terms the business to be transacted, shall be mailed to the bondowners by
the City, the Bondowners' Trustee or the bondowners calling such meeting not less than 30 nor
more than 60 days before such meeting, and shall be published at least once a week for four
successive calendar weeks on any day of the week, the date of first publication to be not less than
30 nor more than 60 days preceding the meeting; provided, however, that the mailing of such
notice shall in no case be a condition precedent to the validity of any action taken at any such
meeting. The expenses of publication of such notice shall be paid or reimbursed by the City.
Any meeting of bondowners shall, however, be valid without notice if the owners of all Bonds
then outstanding are present in person or by proxy or if notice is waived before or within 30 days
after the meeting by those not so present.
Section 12.2. Notice to Bondowners. Except as otherwise provided in the Ordinance,
any provision in the Ordinance for the mailing of a notice or other paper to bondowners shall be
fully complied with if it is mailed by first class mail, postage prepaid, to each Registered Owner
of any of the Bonds then outstanding at his address, if any, appearing upon the Bond Register;
and any provision in the Ordinance contained for publication of a notice or other matter shall
require the publication thereof in The Daily Bond Buyer in the City of New York, New York (or
in lieu of publication in The Daily Bond Buyer, in a daily newspaper printed in the English
language and customarily published on each business day of general cimulation in the Borough
of Manhattan, the City of New York, New York), and also in a daily newspaper printed in the
English language and customarily published on each business day and of general cimulation in
the City of Seattle, Washington.
Section 12.3. Proxies; Proof of Ownership of Bonds. Attendance and voting by
bondowners at such meetings may be in person or by proxy. Owners of Bonds may, by an
instrument in writing under their hands, appoint any person or persons, with full power and
substitution, as their proxy to vote at any meeting for them. Officers or nominees of the City
may be present or represented at such meeting and take part therein but shall not be entitled to
vote thereat, except as such officers or nominees are bondowners or proxies for bondowners.
Any registered owner of Bonds shall be entitled in person or by proxy to attend and vote
at such meeting as owner of the Bonds registered in his name without producing such Bonds, and
such persons and their proxies shall, if required, produce such proof of personal identity as shall
be satisfactory to the Secretary of the meeting. All proxies presented at such meeting shall be
delivered to the Inspectors of Votes and filed with the Secretary of the meeting.
The vote at any such meeting of the owner of any Bond entitled to vote thereat shall be
binding upon such owner and upon every such subsequent owner of such Bond (whether or not
such subsequent owner has notice thereof).
Section 12:4. Execution of Instruments by Bondowners.
Any request, direction, consent or other instrument in writing required or permitted by the
Ordinance to be signed or executed by Bondowners may be in any number of concurrent
instruments of similar tenor, and may be signed or executed by such bondowners in person or by
agent appointed by an instrument in writing. Proof of the execution of any such instrument shall
be sufficient for any purpose of the Ordinance if made by either (a) an acknowledgment executed
by a notary public or other officer empowered to take acknowledgments of deeds to be recorded
in the particular jurisdiction, or (b) an affidavit of a witness to such execution swom to before
such a notary public or other officer. Where such execution is by an officer of a corporation or
association or a member of a partnership on behalf of such corporation, association or
partnership, such acknowledgment or affidavit shall also constitute sufficient proof of his
authority.
The foregoing shall not be construed as limiting the City to such proof, it being intended
that the City may accept any other evidence of the matters herein stated which it may deem
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sufficient. Any request or consent of the owner of any Bond shall bind every future owner of the
same Bond in respect of anything done by the City in pursuance of such request, direction or
consent.
The right of a proxy for a bondowner to act may be proved (subject to the City's right to
require additional proof) by a written proxy executed by such bondowner as aforesaid.
Section 12.5. Appointment of Officers at Bondowners MeetinEs. Persons named by the
City or elected by the owners of a majority in principal amount of the Bonds represented at the
meeting in person or by proxy in the event the City is not represented at such meeting, shall act
as temporary Chairman and temporary Secretary of any meeting of bondowners. A permanent
Chairman and a permanent Secretary of such meeting shall be elected by the owners of a majority
in principal amount of the Bonds represented at such meeting in person or by proxy. The
permanent Chairman of the meeting shall appoint two Inspectors of Votes who shall count all
votes cast at such meeting, except votes on the election of Chairman and Secretary as aforesaid,
and who shall make and file with the Secretary of the meeting and with the City their verified
report of all such votes cast at the meeting.
Section 12.6. Quorum at Bondowners Meetings. The owners of not less than the
principal amount of the Bonds required for any action to be taken at such meeting must be
present at such meeting in person or by proxy in order to constitute a quorum for the transaction
of business, less than a quorum, however, having power to adjourn from time to time without any
other notice than the announcement thereof at the meeting; provided, however, that, if such
meeting is adjourned by less than a quorum for more than ten days, notice thereof shall be
published by the City at least five days prior to the adjoumed date of the meeting.
Section 12.7. Vote Required to Amend Ordinance. Any amendment to the provisions of
the Ordinance in any particular except the pementage of bondowners the approval of which is
required to approve such amendment, may be made by a Supplemental Ordinance of the City and
a resolution duly adopted by the affirmative vote at a meeting ofbondowners duly convened and
held, or with written consent as hereinafter provided in Section 12.9, of the owners of not less
than 66 2/3% in principal amount of the Bonds outstanding when such meeting is held or such
consent is given; provided, however, that no such amendment shall (a)extend the date of
payment of the principal of any Bond or of any installment of interest thereon or reduce the
principal or redemption price thereof or the rate of interest thereon or advance the date upon
which any Bond may first be called for redemption prior to its fixed maturity date; (b) give to any
Bond or Bonds any preference over any other Bond or Bonds secured equally and ratably
therewith; (c)reduce the aforesaid percentage of Bonds the owners of which are required to
consent to any such ordinance amending the provisions of the Ordinance; or (d) authorize the
creation of any pledge prior to or, except as provided in Article IV hereof for the issuance of
Additional Bonds, on a parity with the pledge afforded by the Ordinance, without the consent of
the owner of each such Bond affected thereby.
Section 12.8. Obtaining Approval of Amendments at Bondowners Meeting. The City
may at any time adopt an ordinance amending the provisions of the Ordinance to the extent that
such amendment is permitted by the provisions of Section 12.7 hereof, to take effect when and as
provided in this Section. At any time thereafter such ordinance may be submitted by the City for
approval to a meeting of the bondowners duly convened and held in accordance with the
provisions of the Ordinance. A record in duplicate of the proceedings of each meeting of the
bondowners shall be prepared by the permanent Secretary of the meeting and shall have attached
thereto the original reports of the Inspectors of Votes and affidavits by a person or persons
having knowledge of the facts, showing a copy of the notice of the meeting and setting forth the
facts with respect to the mailing and publication thereof under the provisions of the Ordinance.
Such a record shall be signed and verified by the affidavits of the permanent Chairman and the
permanent Secretary of the meeting, and one duplicate thereof shall be delivered to the City. Any
record so signed and verified shall be proof of the matters therein stated. If the ordinance of the
City making such amendment shall be approved by a ordinance duly adopted at such meeting of
bondowners by the affirmative vote of the owners of the required percentages of Bonds, a notice
stating that a ordinance approving such amendment has been so adopted shall be mailed by the
City to each bondowner who has requested such notice (but failure so to mail copies of such
notice shall not affect the validity of such ordinance) and shall be published at least once in the
manner provided in Section 12.2 hereofi Proof of such mailing and publication by the affidavit
or affidavits of a person or persons having knowledge of the facts shall be filed with the City.
Such ordinance of the City making such amendment shall be deemed conclusively to be binding
upon the City, the Paying Agents, and the owners of all Bonds at the expiration of 30 days after
the publication of the notice provided for in this Section, except in the event of a final decree of a
court of competent jurisdiction setting aside such ordinance or annulling the action taken thereby
in a legal action or equitable proceeding for such purpose commenced within such period;
provided that the City and any Paying Agents during such 30 day period and any such further
period during which such action or proceeding may be pending shall be entitled in their absolute
discretion to take such action, or to refrain from taking such action, with respect to such
ordinance as they may deem expedient. Nothing in the Ordinance contained shall be deemed or
construed to authorize or permit, by reason of any call of a meeting ofbondowners or of any right
conferred hereunder to make such a call, any hindrance or delay in the exercise of any rights
conferred upon or reserved to the Paying Agents or the bondowners under any of the provisions
of the Ordinance.
Section 12.9. Altemate Method of Obtaining Approval of Amendments. The City may
at any time adopt an ordinance amending the provisions of the Ordinance, or of any Bonds, to the
extent that such amendment is permitted by the provisions of this Article, to take effect when and
as provided in this Section. Upon adoption of such ordinance, a request that bondowners consent
thereto shall be mailed by the City to the bondowners and notice that the City is requesting
bondowners to consent to such amendment shall be published at least once in the manner
provided in Section 12.2 hereofi Such ordinance shall not be effective unless and until there
shall have been filed with the City the written consents of the percentages of owners of
outstanding Bonds specified in Section 12.7 hereof and a notice shall have been published as
hereinafter in this Section provided. Each such consent shall be effective only if accompanied by
proof of ownership of the Bonds for which such consent is given, which proof shall be such as is
permitted by Section 12.3 hereofi A certificate or certificates of the City Clerk that he has
examined such proof and that such proof is sufficient shall be conclusive that the consents have
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been given by the owners of the Bonds described in such certificate or certificates. Any such
consent shall be binding upon the owner of the Bonds giving such consent and on every
subsequent owner of such Bonds (whether or not such subsequent owner has notice themo0. A
notice stating that the ordinance has been consented to by the owners of the required percentages
of bonds and will be effective as provided in this Section, may be given to the bondowners by
mailing such notice to the bondowners, and shall be given by publishing the same at least once in
the manner provided in Section 12.2 hereof. A record, consisting of the papers required by this
Section to be filed with the City shall be proof of the matters therein stated, and the ordinance
shall be deemed conclusively to be binding upon the City and the owners of all Bonds at the
expiration of 30 days after the notice last provided for in this Section, except in the event of a
final decree of a court of competent jurisdiction setting aside such consent or annulling the action
taken thereby in a legal action or equitable proceeding for such purpose commenced within such
period.
Section 12.10. Amendment of Ordinance In Any Respect by Approval of All
Bondowners. Notwithstanding anything contained in the foregoing provisions of this Article, the
fights and obligations of the City and of the owners of the Bonds and the terms and provisions of
the Bonds and of the Ordinance may be amended in any respect with the consent of the City, by
the affirmative vote of the owners of all said Bonds then outstanding at a meeting of bondowners
called and held as hereinabove provided, or upon the adoption of an ordinance by the City and
the consent of the owners of all the Bonds then outstanding, such consent to be given as provided
in Section 12.9 except that no notice to bondowners either by mailing or publication shall be
required, and the amendment shall be effective immediately upon such unanimous vote or
written consent of all of the bondowners.
Section 12.11. Bonds Owned by City. Bonds owned or held by or for the account of the
City shall not be deemed outstanding for the purpose of any vote or consent or other action or
any calculation of outstanding Bonds in the Ordinance provided for, and shall not be entitled to
vote or consent or take any other action in the Ordinance provided for.
Section 12.12. Endorsement of Amendment on Bonds. Bonds delivered at~er the
effective date of any action amending the Ordinance taken as hereinabove provided may bear a
notation by endorsement or otherwise as to such action, and in that case, upon demand of the
owner of any Bond outstanding at such effective date and presentation of his Bond for the
purpose at the principal office of the Paying Agents, suitable notation shall be made on such
Bond by the Paying Agent as to any such action. If the City shall so determine, new Bonds so
modified as in the opinion of the City and its counsel to conform to such action shall be prepared,
delivered and upon demand of the owner of any Bond then outstanding shall be exchanged
without cost to such bondowner for Bonds then outstanding hereunder, upon surrender of such
Bonds.
-50- P:\DOT~DOT1 FR 02101105
ARTICLE X[II
MISCELLANEOUS, DEFEASANCE; SALE OF BONDS
AND APPROVAL OF OFFICIAL STATEMENT
Section 13.1. Ordinance and Laws a Contract With Bondowners. This ordinance is
adopted under the authority of and in full compliance with the Constitution and laws of the State
of Washington, as amended and supplemented. In consideration of the pumhase and acceptance
of the Bonds by those who shall hold the same from time to time, the provisions of this ordinance
and of any Supplemental Ordinance authorizing the issuance of Additional Bonds and of said
laws shall constitute a contract with the owner or owners of each Bond, and the obligations of the
City and its Council under said acts and under this ordinance shall be enfomeable by any court of
competent jurisdiction; and the covenants and agreements herein set forth to be performed on
behalf of the City shall be for the equal benefit, protection and security of the owners of any and
all of said Bonds all of which, regardless of the time or times of their issue or maturity, shall be
of equal rank without preference, profity or distinction of any of said Bonds over any others
thereof except as expressly provided herein.
Section 13.2. Bonds Deemed No Longer to be Outstanding Hereunder. In the event that
the City, in order to effect the payment, retirement or redemption of any Bond, sets aside in the
Bond Fund or in another special account, held in trust by the City or by a qualified trustee,
advance refunding bond proceeds or other money lawfully available or direct obligations of or
obligations the principal of and the interest on which are unconditionally guaranteed by the
United States Government ("Government Obligations"), or any combination of such proceeds,
money and/or Government Obligations, in amounts which, together with known earned income
from the investment thereof are sufficient to redeem, retire or pay such Bond in accordance with
its terms and to pay when due the interest and redemption premium, if any, thereon, and such
proceeds, money and/or Govemment Obligations are irrevocably set aside and pledged for such
purpose, then no further payments need be made into the Bond Fund for the payment of the
principal of and interest on such Bond, and the owner of such Bond shall cease to be entitled to
any lien, benefit or security of this ordinance, or any other ordinance of the City, except the right
to receive payment of principal, premium, if any, and interest from such special account, and
such Bonds shall be deemed not to be outstanding hereunder. The City shall obtain an opinion of
nationally recognized bond counsel to the effect set forth in the preceding sentence and that the
tax-exempt status of such Bonds is not adversely affected, and a verification from a certified
public accountant that the money when due or Government Obligations so set aside will be
sufficient to pay the principal, premium, if any, and interest on the Bonds to be refunded.
Section 13.3. Sale of 2005 Bonds. The 2005 Bonds shall be sold by negotiated sale to
Seattle-Northwest Securities Corporation, Seattle, Washington, under the terms and conditions
thereof as provided in its pumhase contract and in this ordinance. The City Manager is hereby
authorized to sign the pumhase contract on behalf of the City. The proper City officials are
hereby authorized and directed to do everything necessary for the prompt execution and delivery
of the 2005 Bonds to the Underwriter and for the proper application and use of the proceeds of
sale thereof.
Section 13.4. Official Statement. The City approves the preliminary Official Statement
presented to this Council and ratifies the Underwriter's distribution of the preliminary Official
Statement in connection with the offering of the 2005 Bonds. To permit the Underwriter to
comply with the Rule, the Preliminary Official Statement dated January__, 2005, is hereby
deemed final as of its date except for the omission of information dependent upon the pricing of
the 2005 Bonds and the completion of the purchase contract. The City agrees to cooperate with
the Underwriter to deliver or cause to be delivered, within seven business days from the date of
the sale of the 2005 Bonds and in sufficient time to accompany any confirmation that requests
payment from any customer of the Underwriter, copies of a final Official Statement in sufficient
quantity to comply with paragraph (b)(4) of the Rule and the rules of the MSRB. The City
Manager and Finance Director are hereby authorized to review and approve on behalf of the City
the final Official Statement relative to the 2005 Bonds with such additions and changes as they
may deem necessary or advisable.
Section 13.5. Undertaking to Provide Ongoing Disclosure.
A. Contract/Undertaking. This section constitutes the City's written undertaking for
the benefit of the owners of the 2005 Bonds as required by Section (b)(5) of the Rule.
B. Financial Statements/Operating Data. The City agrees to provide or cause to be
provided to each NRMSIR and to the SID, if any, in each case as designated by the Commission
in accordance with the Rule, the following annual financial information and operating data for
the prior fiscal year (commencing in 2005 for the fiscal year ended December 31, 2004):
1. The audited financial statements of the Electric System prepared in
accordance with generally accepted accounting principles applicable to government entities, and
in accordance with regulations prescribed by the Washington State Auditor pursuant to
RCW 43.09.200 (or any successor statute) and substantially in accordance with the system
prescribed by the Federal Energy Regulatory Commission; provided, that if the Electric System's
audited financial statements am not yet available, the City shall provide unaudited financial
statements in substantially the same format, and audited financial statements when they become
available;
2. The outstanding long-term indebtedness of the Electric System, and any
system of the City which provides power or capacity to the Electric System;
3. Electric System retail customers, energy sales, peak loads and revenues
substantially in the form of the table "Historical Customers and Energy Revenues" in the Official
Statement for the 2005 Bonds;
4. Electric System operating results and debt service coverage on all
outstanding Bonds substantially in the form of the table "Historical Operating Results" in the
Official Statement for the 2005 Bonds; and
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5. The aggregate amount and percentage of total energy sold and of retail
revenues provided by the Electric System's ten largest customers.
Items 2-5 shall be required only to the extent that such information is not included in the
annual financial statements.
The information and data described above shall be provided on or before nine months
after the end of the City's fiscal year. The City's current fiscal year ends December 31. The City
may adjust such fiscal year by providing written notice of the change of fiscal year to each then
existing NRMSIR and the SID, if any. In lieu of providing such annual financial information and
operating data, the City may cross-reference to other documents provided to the NRMSIR's, the
SID or to the Commission and, if such document is a final official statement within the meaning
of the Rule, available fi.om the MSRB.
C. Material Events. The City agrees to provide or cause to be provided, in a timely
manner, to the SID, if any, and to each NRMSIR or to the MSRB notice of the occurrence of any
of the following events with respect to the 2005 Bonds, if material:
· Principal and interest payment delinquencies;
· Non-payment related defaults;
· Unscheduled draws on debt service reserves reflecting financial difficulties;
· Unscheduled draws on credit enhancements reflecting financial difficulties;
· Substitution of credit or liquidity providers, or their failure to perform;
· Adverse tax opinions or events affecting the tax-exempt status of the 2005
Bonds;
· Modifications to rights of owners;
· Optional, contingent or unscheduled Bond calls other than scheduled sinking
fund redemptions for which notice is given pursuant to Exchange Act Release
34-23856;
· Defeasances;
· Release, substitution or sale of property securing the repayment of the 2005
Bonds; and
· Rating changes.
Solely for purposes of disclosure, and not intending to modify this undertaking, the City
advises that no property secures payment of the 2005 Bonds.
D. Notification Upon Failure to Provide Financial Data. The City agrees to provide
or cause to be provided, in a timely manner, to each NRMSIR or to the MSRB and to the SID, if
any, notice of its failure to provide the annual financial information described in subsection (b)
above on or prior to the date set forth in subsection (b) above.
E. Termination/Modification. The City's obligations to provide annual financial
information and notices of material events shall terminate upon the defeasance, prior redemption
or payment in full of all of the 2005 Bonds. Any provision of that section shall be null and void
if the City (1) obtains an opinion of nationally recognized bond counsel to the effect that the
portion of the Rule that requires that provision is invalid, has been repealed retroactively or
otherwise does not apply to the 2005 Bonds; and (2) notifies each NRMSIR and the SID, if any,
of such opinion and the cancellation of this section. The City may amend this section with an
approving opinion of nationally recognized bond counsel in accordance with the Rule.
In the event of any amendment of this section, the City shall describe such amendment in
the next annual report, and shall include, a narrative explanation of the reason for the amendment
and its impact on the type (or in the case of a change of accounting principles, on the
presentation) of financial information or operating data being presented by the City. In addition,
if the amendment relates to the accounting principles to be followed in preparing financial
statements, (I) notice of such change shall be given in the same manner as for a material event
under Subsection (c), and (l/) the annual report for the year in which the change is made shall
present a comparison (in narrative form and also, if practical, in quantitative form) between the
financial statements as prepared on the basis of the new accounting principles and those prepared
on the basis of the former accounting principles.
F. DisclosureUSA. Any filing required to be made with any NRMSIR or S1D under
this Section 13.5 may be made by transmitting such filing solely to the Texas Municipal
Advisory Council (the "MAC") as provided at http://www.disclosureusa.org unless the United
States Securities and Exchange Commission has withdrawn the interpretive advice in its letter to
the MAC dated September 7, 2004.
G. Bond Owner's Remedies Under This Section. The right of any bondowner or
beneficial owner of 2005 Bonds to enfome the provisions of this section shall be limited to a
right to obtain specific enforcement of the City's obligations under this section, and any failure
by the City to comply with the provisions of this undertaking shall not be an event of default with
respect to the 2005 Bonds. For purposes of this section, "beneficial owner" means any person
who has the power, directly or indirectly, to vote or consent with respect to, or to dispose of
ownership of, any 2005 Bonds, including persons holding 2005 Bonds tkrough nominees or
depositories.
H. No Default. The City is not and has not been in default in the performance of its
obligations of any prior undertaking for ongoing disclosure with respect to its bond obligations.
Section 13.6. Municipal Bond Insurance and Surety Bond.
A. Acceptance of Insurance. In accordance with the Underwriter's offer to purchase
the 2005 Bonds, the Council hereby approves the commitment of XL Capital Assurance, Inc. (the
"insurer") to provide a bond insurance policy guaranteeing the payment when due of principal of
and interest on the 2005 Bonds (the "Bond Insurance Policy") and the Surety Bond to satisfy the
Reserve Account requirement with respect to the 2005 Bonds. The City agrees to the conditions
for obtaining the Surety Bond, including the payment of the premium therefor and the other
requirements set forth in the Surety Agreement. The Surety Agreement is hereby approved in
substantially the form set forth on Exhibit A to this ordinance, and the City Manager or his
designee is hereby authorized to sign the Surety Agreement on behalf of the City, subject to such
changes as may be approved by counsel to the City, which approval shall be evidenced by the
City Manager's signing and delivery of the Surety Agreement. The Council further authorizes
and directs all proper officers, agents, attorneys and employees of the City to cooperate with the
Insurer in preparing such additional agreements, certificates, and other documentation on behalf
of the City as shall be necessary or advisable in providing for the Bond Insurance Policy and the
Surety Bond.
B. Payments Under the Bond Insurance Policy. As long as the Bond Insurance
Policy is in full force and effect, the City and the Bond Registrar shall comply with the following
provisions:
(i) If, on the Business Day immediately preceding a scheduled interest
payment date or principal payment date ("Payment Date"), there is not on deposit with the Bond
Registrar money sufficient to pay the principal of and interest on the 2005 Bonds due on such
Payment Date, the City or the Bond Registrar shall give notice to the Insurer and to its designated
agent (if any) (the "insurer's Fiscal Agent"), by telephone or telecopy, of the amount of such
deficiency by 12:00 noon, New York City time, on such Business Day. If, on such Payment
Date, there is not on deposit with the Bond Registrar money sufficient to pay the principal of, and
interest on, the 2005 Bonds due on such Payment Date, the Bond Registrar shall make a claim
under the Insurance Policy and give notice to the Insurer and the Insurer's Fiscal Agent (if any)
by telephone of the amount of any deficiency in the amount available to pay principal and
interest, and the allocation of such deficiency between the amount required to pay interest on the
2005 Bonds and the amount required to pay principal of the 2005 Bonds, confirmed in writing to
the Insurer and the Insurer's Fiscal Agent by 12:00 noon, New York City time, on such Payment
Date, by delivering the Notice of Nonpayment and Certificate.
For the purposes of the preceding paragraph, "Notice" means telephonic or telecopied
notice, subsequently confirmed in a signed writing, or written notice by registered or certified
mail, from the City or Bond Registrar to the Insurer, which notice shall specify (a) the name of
the entity making the claim, (b) the policy number, (c) the claimed amount and (d) the date such
claimed amount will become Due for Payment. "Nonpayment" means the failure of the City to
have provided sufficient funds to the Bond Registrar for payment in full of all principal of, and
interest on, the 2005 Bonds that are Due for Payment. "Due for Payment," when referring to the
principal of insured bonds, means when the stated maturity date or mandatory redemption date
for the application of a required sinking fund installment has been reached and does not refer to
any earlier date on which payment is due by reason of call for redemption (other than by
application of required sinking fund installments or other advancement of maturity, unless the
Insurer shall elect, in its sole discretion, to pay such principal); and when referring to interest on
2005 Bonds, means when the stated date for payment of interest has been reached. "Certificate"
means a certificate in form and substance satisfactory to the Insurer as to the Bond Registrar's
right to receive payment under the Insurance Policy.
(ii) The Bond Registrar shall designate any portion of payment of principal on
2005 Bonds paid by the Insurer at maturity on its books as a reduction in the principal amount of
2005 Bonds registered to the then current Registered Owner, whether DTC or its nominee or
otherwise, and shall issue a replacement 2005 Bond to the Insurer, registered in the name of the
Insurer, as the case may be, in a principal amount equal to the amount of principal so paid
(without regard to authorized denominations); provided, however, that the Bond Registrar's
failure to so designate any payment or issue any replacement 2005 Bond shall have no effect on
the amount of principal or interest payable by the City on any 2005 Bond or the subrogation
rights of the Insurer.
(iii) The Bond Registrar shall keep a complete and accurate record of all funds
deposited by the Insurer into the Policy Payments Account (as hereinafter defined) and the
allocation of such funds to payment of interest on and principal paid with respect to any 2005
Bond. The Insurer shall have the right to inspect such records at reasonable times upon
reasonable notice to the Bond Registrar.
(iv) Upon payment of a claim under the Bond Insurance Policy, the Bond
Registrar shall establish a separate special purpose trust account for the benefit of owners of 2005
Bonds referred to herein as the "Policy Payments Account" and over which the Bond Registrar
shall have exclusive control and sole right of withdrawal. The Bond Registrar shall receive any
amount paid under the Bond Insurance Policy in trust on behalf of owners of 2005 Bonds and
shall deposit any such amount in the Policy Payments Account and distribute such amount only
for purposes of making the payments for which a claim was made. Such amounts shall be
disbursed by the Bond Registrar to owners of 2005 Bonds in the same manner as principal and
interest payments are to be made with respect to the 2005 Bonds under Section 3.2 hereof. It
shall not be necessary for such payments to be made by checks or wire transfers separate from the
check or wire transfer used to pay debt service with other funds available to make such payments.
Funds held in the Policy Payments Account shall not be invested by the Bond Registrar and may
not be applied to satisfy any costs, expenses or liabilities of the Bond Registrar. Any funds
remaining in the Policy Payments Account following an insured 2005 Bond payment date shall
promptly be remitted to the Insurer.
C. Provisions Relating to Bond Insurance Policy. As long as the Bond Insurance
Policy is in full force and effect, the City shall comply with the following provisions:
(i) Notice to the Insurer. Any notices required to be given by the City shall
also be given to the Insurer, Attn: Surveillance.
(ii) Amendments. Prior written consent of the Insurer is required for any
amendment to this ordinance. The City shall give the Insurer notice of any such proposed
amendment. A copy of any amendment to this ordinance that is consented to by the Insurer shall
be sent to Standard & Poor's Rating Services, a Division of The McGraw-Hill Companies, Inc.
(iii) Remedies. The Insurer shall be entitled to control and direct the
enforcement of all rights and remedies granted to owners of the 2005 Bonds. The Insurer shall
be recognized as the owner of each 2005 Bond for the purposes of exercising all rights and
privileges available to owners of the 2005 Bonds. The Insurer shall have the right to institute any
suit, action, or proceeding at law or in equity under the same terms as an owner of the 2005
Bonds.
(iv) The Insurer as Third Party Beneficiary. The Insurer shall be a third-party
beneficiary under this ordinance.
(v) Subrogation. If principal and/or interest due on the 2005 Bonds is paid by
the Insurer, such 2005 Bonds shall remain outstanding under this ordinance for all purposes, and
shall not be deemed defeased or otherwise satisfied, or paid by the City, and the pledge of
revenues and all covenants, agreements and other obligations of the City to the owners of the
2005 Bonds shall continue to exist and shall run to the benefit of the Insurer, and the Insurer shall
be subrogated to the rights of such owners.
Section 13.7. Benefits of Ordinance Limited to City, Bondowners, Insurer, and Bond
Registrar. Nothing in this ordinance, expressed or implied, is intended or shall be construed to
confer upon or give to any person or corporation other than the City, the Bond Registrar, the
Insurer and the owners from time to time of the 2005 Bonds any rights, remedies or claims under
or by reason of this ordinance or any covenant, condition or stipulation thereof; and all the
covenants, stipulations, promises and agreements in this ordinance contained by or on behalf of
the City shall be for the sole and exclusive benefit of the City, the Bond Registrar, the Insurer and
the owners from time to time of the 2005 Bonds.
Section 13.8. Term "City" Includes Successors Whenever in this ordinance the City is
named or referred to, it shall be deemed to include its successors and assigns, including any
successor by merger or consolidation, and all the covenants and agreements in this ordinance
contained by or on behalf of the City shall bind and inure to the benefit of its successors and
assigns whether so expressed or not.
Section 13.9. Severability. If any one or more of the covenants or agreements provided
in this ordinance on the part of the City to be performed shall be declared by any court of
competent jurisdiction to be contrary to law, then such covenant or covenants, agreement or
agreements shall be null and void and shall be deemed separable from the remaining covenants
and agreements, and shall in no way affect the validity of the other provisions of this ordinance
or of the 2005 Bonds.
Section 13.10. General Authorization. The Mayor, Director of Public Works and
Utilities, Finance Director and City Clerk and each of the other appropriate officers of the City
are each hereby authorized and directed to take such steps, to do such other acts and things, and
to execute such letters, certificates, agreements, papers, financing statements, assignments or
instruments as in their judgment may be necessary, appropriate or desirable in order to carry out
the terms and provisions of, and complete the transactions contemplated by, this ordinance.
Section 13.11. Adiustment of Dollar Amounts The dollar amounts stated in Sections
9.6.B and 9.7 hereof may, at the option of the City, be adjusted according to the Federal
Consumer Price Index applicable to the City, or, if such consumer price index is no longer
published, such other similar governmentally published index.
Section 13.12. Prior Acts. All acts taken pursuant to the authority of this ordinance but
prior to its effective date are hereby ratified and confirmed.
Section 13.13. Effective Date of Ordinance. This ordinance shall become effective from
and after its passage and publication as required by law.
PASSED by the City Council of the City of Port Angeles, Washington, at a regular
meeting thereof, held this 1 st day of February, 2005.
Attest:
Mawr
City Clerk
-58- PilOOI~DOTIFR 02tOl/O$
EXHIBIT A
FINANCIAL GUARANTY AGREEMENT
FINANCIAL GUARANTY AGREEMENT made as of , 2004, by and
between (the "Issuer") and XL Capital Assurance Inc. (the "Insurer"), a New York stock
insurance company.
WITNESSETH:
WHEREAS, the Issuer has or will issue the Obligations; and
WHEREAS, pursuant to the terms of the Bond Document the Issuer agrees to make
certain payments on the Obligations; and
WHEREAS, the Insurer will issue its Debt Service Reserve Policy, substantially in the
form set forth in Annex A to this Agreement, guaranteeing certain payments by the Issuer subject
to the terms and limitations of the Debt Service Reserve Policy; and
WHEREAS, to induce the Insurer to issue the Debt Service Reserve Policy, the Issuer has
agreed to pay the premium for the Debt Service Reserve Policy and to reimburse the Insurer for
all payments made by the Insurer under the Debt Service Reserve Policy, all as more fully set
forth in this Agreement; and
WHEREAS, the Issuer understands that the Insurer expressly requires the delivery of this
Agreement as part of the consideration for the execution by the Insurer of the Debt Service
Reserve Policy; and
NOW, THEREFORE, in consideration of the premises and of the agreements herein
contained and of the execution of the Debt Service Reserve Policy, the Issuer and the Insurer
agree as follows:
ARTICLE I.
DEFINITIONS; DEBT SERVICE RESERVE POLICY
Section 1.01 Definitions. The terms which are capitalized herein shall have the
meanings specified in Annex B hereto.
Section 1.02 Debt Service Reserve Policy.
(a) The Insurer will issue the Debt Service Reserve Policy in accordance with
and subject to the terms and conditions of the Commitment.
(b) The maximum liability of the Insurer under the Debt Service Reserve
Policy and the coverage and term thereof shall be subject to and limited by the terms and
conditions of the Debt Service Reserve Policy.
Section 1.03 Premium. In consideration of the Insurer agreeing to issue the Debt
Service Reserve Policy hereunder, the Issuer hereby agrees to pay or cause to be paid the
Premium set forth in Annex B hereto. The Premium on the Debt Service Reserve Policy is not
refundable for any reason.
Section 1.04 Certain Other Expenses. The Issuer will pay all reasonable fees and
expenses of the Insurer's outside counsel related to any amendment or modification of this
Agreement or the Debt Service Reserve Policy.
ARTICLE II.
REIMBURSEMENT AND INDEMNIFICATION
OBLIGATIONS OF ISSUER AND SECURITY THEREFOR
Section 2.01 Reimbursement for Payments under the Debt Service Reserve Policy and
Expenses; Indemnification.
(a) The Issuer will reimburse the Insurer, within the Reimbursement Period,
without demand or notice by the Insurer to the Issuer or any other person, to the extent of each
Debt Service Reserve Policy Payment with interest on each Debt Service Reserve Policy
Payment from and including the date made to the date of the reimbursement at the lesser of the
Reimbursement Rate or the maximum rate of interest permitted by then applicable law.
(b) The Issuer also agrees to reimburse the Insurer immediately and
unconditionally upon demand for all reasonable expenses (including, without limitation, the fees
and expenses of the Insurer's outside counsel) incurred by the Insurer in connection with the
Debt Service Reserve Policy and the enforcement by the Insurer of the Issuer's obligations under
this Agreement, the Bond Document, and any other document executed in connection with the
issuance of the Obligations, together with interest o~n all such expenses from and including the
date incurred to the date of payment at the rate set forth in subsection (a) of this Section 2.01.
(c) The Issuer agrees to indemnify the Insurer, to the extent permitted by state
law, against any and all liability, claims, loss, costs, damages, fees of attorneys and other
expenses which the Insurer may sustain or incur by reason of or in consequence of (i) the failure
of the Issuer to perform or comply with the covenants or conditions of this Agreement or
(ii) reliance by the Insurer upon representations made by the Issuer or (iii) a default by the Issuer
under the terms of the Bond Document or any other documents executed in connection with the
issuance of the Obligations.
(d) The Issuer agrees that all amounts owing to the Insurer pursuant to
Section 1.03 hereof and this Section 2.01 must be paid in full prior to any optional redemption or
refunding of the Obligations.
(e) Unless Insurer appoints a fiscal agent pursuant to the terms of the Debt
Service Reserve Policy, all payments made to the Insurer under this Agreement shall be paid in
lawful currency of the United States in immediately available funds at the Insurer's office at
1221 Avenue of the Americas, New York, New York 10020, Attention: Surveillance, or at such
other place as shall be designated by the Insurer.
Section 2.02 Allocation of Payments. The Insurer and the Issuer hereby agree that each
payment received by the Insurer from or on behalf of the Issuer as a reimbursement to the Insurer
as required by Section 2.01 hereof shall be applied by the Insurer first, toward payment of any
unpaid premium; second, toward repayment of the aggregate Debt Service Reserve Policy
Payments made by the Insurer and not yet repaid, payment of which will reinstate all or a portion
of the Debt Service Reserve Policy Coverage as set forth therein; and third, upon full
reinstatement of the Debt Service Reserve Policy Coverage to the Policy Limit, toward other
amounts, including, without limitation, any interest payable with respect to any Debt Service
Reserve Policy Payments then due to the Insurer.
Section 2.03 Security for Payments; Instruments of Further Assurance To the extent,
but only to the extent, that the Bond Document, or any related indenture, trust agreement,
ordinance, resolution, mortgage, security agreement or similar instrument, if any, pledges to the
Owners or any trustee therefor, or grants a security interest or lien in or on any collateral,
property, revenue or other payments ("Collateral and Revenues") in order to secure the
Obligations or provide a source of payment for the Obligations, the Issuer hereby grants to the
Insurer a security interest in or lien on, as the case may be, and pledges to the Insurer all such
Collateral and Revenues as security for payment of all amounts due hereunder and under the
Bond Document or any other document executed in connection with the issuance of the
Obligations, which security interest, lien and/or pledge created or granted under this Section 2.03
shall be secured on a parity with the interests of the Owners and any trustee therefor in such
Collateral and Revenues, except as otherwise provided. The Issuer agrees that it will, from time
to time, execute, acknowledge and deliver, or cause to be executed, acknowledged and delivered,
any and all financing statements, if applicable, and all other further instruments as may he
required by law or as shall reasonably be requested by the Insurer for the perfection of the
security interest, if any, granted under this Section 2.03 and for the preservation and protection of
all rights of the Insurer under this Section 2.03.
Section 2.04 Unconditional Obligation. The obligations hereunder are absolute and
unconditional and will be paid or performed strictly in accordance with this Agreement, subject
to the limitations of the Bond Document, irrespective off
(a) any lack Of validity or enforceability of, or any amendment or other
modification of, or waiver with respect to the Obligations, the Bond Document or any other
document executed in connection with the issuance of the Obligations; or
(b) any exchange, release or nonperfection of any security interest in property
securing the Obligations or this Agreement or any obligations hereunder; or
(c) any cimumstances that might otherwise constitute a defense available to,
or discharge of, the Issuer with respect to the Obligations, the Bond Document or any other
document executed in connection with the issuance of the Obligations; or
(d) whether or not such obligations are contingent or matured, disputed or
undisputed, liquidated or unliquidated.
Section 2.05 Insurer's Rights. The Issuer shall repay the Insurer to the extent of
payments made and expenses incurred by the Insurer in connection with the Obligations and this
Agreement.
Section 2.06 Ongoing Information Obligations of Issuer.
(a) Quarterly Reports. The Issuer will provide to the Insurer within 45 days of
the close of each quarter interim financial statements covering all fund balances under the Bond
Document, a statement of operations (income statement), balance sheet and changes in fund
balances. These statements need not be audited by an independent certified public accountant,
but if any audited statements are produced, they must be provided to the Insurer;
(b) Annual Reports. The Issuer will provide to the Insurer annual financial
statements audited by an independent certified public accountant within 90 days of the end of
each fiscal year;
(c) Access to Facilities, Books and Records. The Issuer will grant the Insurer
reasonable access to the properties financed by the Obligations and will make available to the
Insurer, at reasonable times and upon reasonable notice all books and records relative to the
project financed by the Obligations; and
(d) Compliance Certificate. On an annual basis the Issuer will provide to the
Insurer a certificate confirming compliance with. all covenants and obligations hereunder and
under the Bond Document or any other document executed in connection with the issuance of the
obligations.
ARTICLE III.
AMENDMENTS TO DOCUMENT
So long as this Agreement is in effect, the Issuer agrees that it will not agree to amend the
Bond Document or any other document executed in connection with the issuance of the
Obligations, without the prior written consent of the Insurer.
Section 4.01
hereunder:
ARTICLE IV.
EVENTS OF DEFAULT; REMEDIES
Events of Default. The following events shall constitute Events of Default
(a) The Issuer shall fail to pay to the Insurer when due any amount payable
under Section 1.03; or
(b) The Issuer shall fail to pay to the Insurer any amount payable under
Sections 1.04 and 2.01 hereof and such failure shall have continued for a period in excess of the
Reimbursement Period; or
(c) Any material representation or warranty made by the issuer under the
Bond Document or hereunder or any statement in the application for the Debt Service Reserve
Policy or any report, certificate, financial statement, document or other instrument provided in
connection with the Commitment, the Debt Service Reserve Policy, the Obligations, or herewith
shall have been materially false at the time when made; or
(d) Except as otherwise provided in this Section 4.01, the Issuer shall fail to
perform any of its other obligations under the Bond Document, or any other document executed
in connection with the issuance of the Obligations, or hereunder, provided that such failure
continues for more than 30 days after receipt by the Issuer or written notice of such failure to
perform; or
(e) The Issuer shall (i) voluntarily commence any proceeding or file any
petition seeking relief under the United States Bankruptcy Code or any other Federal, state or
foreign bankruptcy, insolvency or similar law, (ii)consent to the institution of, or fail to
controvert in a timely and appropriate manner, any such proceeding or the filing of any such
petition, (iii)apply for or consent to the appointment of a receiver, trustee, custodian,
sequestrator or similar official for such party or for a substantial part Of its property, (iv) file an
answer admitting the material allegations of a petition filed against it in any such proceeding,
(v) make a general assignment for the benefit of creditors, (vi) become unable, admit in writing
its inability or fail generally to pay its debts as they become due or (vii) take action for the
purpose of effecting any of the foregoing; or
(f) An involuntary proceeding shall be commenced or an involuntary petition
shall be filed in a court of competent jurisdiction seeking (i) relief in respect of the Issuer, or of a
substantial part of its property, under the United States Bankruptcy Code or any other Federal,
state or foreign bankruptcy, insolvency or similar law or (ii)the appointment of a receiver,
trustee, custodian, sequestrator or similar official for the Issuer or for a substantial part of its
property; and such proceeding or petition shall continue undismissed for 60 days or an order or
decree approving or ordering any of the foregoing shall continue unstayed and in effect for
30 days.
Section 4.02 Remedies. If an Event of Default shall occur and be continuing, then the
Insurer may [(a) declare the Remaining Premium Amount and all other amounts owing hereunder
to be due and payable forthwith, whereupon the same shall immediately become due and payable
by the Borrower and (b)] take whatever action at law or in equity may appear necessary or
desirable to collect the amounts then due and thereafter to become due under this Agreement or
to enfome performance of any obligation of the Issuer to the Insurer under the Bond Document or
any related instrument, and any obligation, agreement or covenant of the Issuer under this
Agreement. All rights and remedies of the Insurer under this Section 4.02 are cumulative and the
exemise of any one remedy does not preclude the exemise of one or more of the other available
remedies.
ARTICLE V.
SETTLEMENT
The Insurer shall have the exclusive right to decide and determine whether any claim,
liability, suit or judgment made or brought against the Insurer, the Issuer or any other party on the
Debt Service Reserve Policy shall or shall not be paid, compromised, resisted, defended, tried or
appealed, and the Insurer's decision thereon, if made in good faith, shall be final and binding
upon the Insurer, the Issuer and any other party on the Debt Service Reserve Policy. An itemized
statement of payments made by the Insurer, certified by an officer of the Insurer, or the voucher
or vouchers for such payments, shall be prima facie evidence of the liability of the Issuer, and if
the Issuer fails to immediately reimburse the Insurer upon the receipt of such statement of
payments, interest shall be computed on such amount from the date of any payment made by the
Insurer at the rate set forth in subsection (a) of Section 2.01 hereof.
ARTICLE VI.
MISCELLANEOUS
Section 6.01 Interest Computations. All computations of interest due hereunder shall
be made on the basis of the actual number of days elapsed over a year of 360 days.
Section 6.02 Exercise,-of Rights. No failure or delay on the part of the Insurer to
exercise any right, power or privilege under this Agreement and no course of dealing between the
Insurer and the Issuer or any other party shall operate as a waiver of any such right, power or
privilege, nor shall any single or partial exercise of any such right, power or privilege preclude
any other or further exercise thereof or the exercise of any other right, power or privilege. The
rights and remedies herein expressly provided are cumulative and not exclusive of any rights or
remedies which the Insurer would otherwise have pursuant to law or equity. No notice to or
demand on any party in any case shall entitle such party to any other or further notice or demand
in similar or other circumstances, or constitute a waiver of the right of the other party to any other
or further action in any circumstances without notice or demand.
Section 6.03 Amendment and Waiver. Any provision of this Agreement may be
amended, waived, supplemented, discharged or terminated only with the prior written consent of
the Issuer and the Insurer. The Issuer hereby agrees that upon the written request of the Trustee,
the Insurer may make a modification to or issue a substitute for the Debt Service Reserve Policy
to cure any ambiguity or formal defect or omission in the Debt Service Reserve Policy which
does not materially change the terms of the Debt Service Reserve Policy nor adversely affect the
rights of the Owners, and this Agreement shall apply to such substituted Debt Service Reserve
Policy. The Insurer agrees to deliver to the Issuer and to the company or companies, if any,
rating the Obligations, a copy of such substituted Debt Service Reserve Policy.
Section 6.04 Successors and Assigns; Descriptive Headings.
(a) This Agreement shall bind, and the benefits thereof shall inure to, the
Issuer and the Insurer and their respective successors and assigns; provided, that the Issuer may
not transfer or assign any or all of its rights and obligations hereunder without the prior written
consent of the Insurer.
(b) The descriptive headings of the various provisions of this Agreement are
inserted for convenience of reference only and shall not be deemed to affect the meaning or
construction of any of the provisions hereof.
Section 6.05 Other Sureties. If the Insurer shall procure any other surety to reinsure the
Debt Service Reserve Policy, this Agreement shall inure to the benefit of such other surety, its
successors and assigns, so as to give to it a direct right of action against the Issuer to enforce this
Agreement, and "the Insurer," wherever used herein, shall be deemed to include such reinsuring
surety, as its respective interests may appear.
Section 6.06 Signature on Bond. The Issuer's liability shall not be affected by its
failure to sign the Debt Service Reserve Policy nor by any claim that other indemnity or security
was to have been obtained nor by the release of any indemnity, nor the return or exchange of any
collateral that may have been obtained.
Section 6.07 Waiver. The Issuer waives any defense that this Agreement was executed
subsequent to the date of the Debt Service Reserve Policy, admitting and covenanting that such
Debt Service Reserve Policy was executed pursuant to the Issuer's request and in reliance on the
Issuer's promise to execute this Agreement.
Section 6.08 Notices, Requests, Demands. Except as otherwise expressly provided
herein, all written notices, requests, demands or other communications to or upon the respective
parties hereto shall be deemed to have been given or made when actually received, or in the case
of telex or telecopier notice sent over a telex or a telecopier machine owned or operated by a
party hereto, when sent, addressed as specified below or at such other address as any of the
parties may hereafter specify in writing to the others:
If to the Issuer:
[Address]
If to the Trustee:
[Address]
If to the Insurer:
XL Capital Assurance Inc.
1221 Avenue of the Americas
New York, New York 10020
Attention: Surveillance
Fax:: (212) 478-3587
Section6.09 Survival of Representations and Warranties. All representations,
warranties and obligations contained herein shall survive the execution and delivery of this
Agreement and the Debt Service Reserve Policy.
Section 6.10 Governing Law. This Agreement and the rights and obligations of the
parties under this Agreement shall be governed by and construed and interpreted in accordance
with the laws of the State.
Section 6.11 Counterparts. This Agreement may be executed in any number of copies
and by the different parties hereto on the same or separate counterparts, each of which shall be
deemed to be an original instrument, and all of which shall constitute but one and the same
instrument. Complete counterparts of this Agreement shall be lodged with the Issuer and the
Insurer.
Section 6.12 Severability. In the event any provision of this Agreement shall be held
invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate
or render unenforceable any other provision hereof.
Section6.13 Survival of Obligations. Notwithstanding anything to the contrary
contained in this Agreement, the obligation of the Issuer to pay all amounts due hereunder and
the rights of the Insurer to pursue all remedies shall survive the expiration, termination or
substitution of the Debt Service Reserve Policy and this Agreement.
IN WITNESS WHEREOF, each of the parties hereto has caused a counterpart of this
Agreement to be duly executed and delivered as of the date first above written.
[ISSUER NAME]
By:
Name:
Title:
XL CAPITAL ASSURANCE INC.
By:
Name:
Title:
ANNEX A.
]Form of Debt Service Reserve Policy]
A,gLTI-(~X A - ] P:IDOT~DOTIFR 02/01g)5
ANNEX B
DEFINITIONS
For all purposes of this Agreement and the Debt Service Reserve Policy, except as
otherwise expressly provided herein or unless the context otherwise requires, all capitalized
terms shall have the meaning as set out below, which shall be equally applicable to both the
singular and plural forms of such terms.
"Agreement" means this Financial Guaranty Agreement.
"Bond Document" means the [Indenture].
"Closing Date" means
"Debt Service Payments" means those payments required to be made by or on behalf of
the Issuer which will be applied to payment of principal of and interest on the Obligations.
"Debt Service Reserve Policy"'means that policy attached hereto as Annex A and issued
by the Insurer guaranteeing, subject to the terms and limitations thereof, including the Policy
Limit, Debt Service Payments required to be made by the Issuer under the Bond Document.
"Debt Service Reserve Policy Coverage" means the amount available at any particular
time to be paid under the terms of the Debt Service Reserve Policy, which amount shall never
exceed the Policy Limit.
"Debt Service Reserve Policy Payment" means the amount of any payment by the Insurer
under the Debt Service Reserve Policy.
"Event of Defaulf' shall mean those events of default set forth in Section 4.01 of the
Agreement.
"[Indenture]" means
"Insurer" has the same meaning as set forth in the first paragraph of this Agreement.
"Issuer" means
"Notice of Nonpayment" means the certificate submitted to the Insurer for payment under
the Debt Service Reserve Policy substantially in the form attached to the Debt Service Reserve
Policy as Attachment I.
"Obligations" means [the Bonds].
Annex B - I P:\OOI'~DOT1FR 02/0~/05
"Owners" means the registered owner of any Obligation as indicated in the books
maintained by the Trustee, the Issuer or any designee of the Issuer for such purpose.
"Policy Limit" means $
[on
"Premium" means $
[specify dates]].
payable to the Insurer [on or prior to the Closing Date]
"Reimbursement Period" means, with respect to a particular Debt Service Reserve Policy
Payment, the period commencing on the date of such payment and ending on the expiration of
12 months following such Debt Service Reserve Policy Payment.
"Reimbursement Rate" means Citibank's prime rate plus three (3) pement per annum, as
of the date of such Debt Service Reserve Policy Payment, said "prime rate" being the rate of
interest announced from time to time by Citibank, N.A., New York, New York, as its prime rate.
The rate of interest shall be calculated on the basis of the actual number of days elapsed over a
360-day year.
["Remaining Premium Amount" means, as of any date of determination, the present
value, using a discount rate of %, of each of the [Monthly] Premiums scheduled to be paid
from such date until the scheduled maturity date of the Obligations pursuant to Section 1.03
hereof, using the aggregate outstanding principal amount of the Obligations as of such date of
determination in order to calculate such [Monthly] Premiums.]
"State" means
"Trustee" means
Annex B - 2 P:\DO~DOT1FR 02~1/05
WASHINGTON, U.S.A.
CiTY COUNCIL MEMO
DATE:
TO:
FROM:
SUBJECT:
February 1, 2005
CITY COUNCIL
SUE ROBERDS, ASSISTANT PLANNER
Request to Annex Property - Pitt
Homestead Avenue
Summary: A request to circulate an annexation petition has been filed by Mr. and Mrs. Richard Pitt for
approximately 2.30 acres of property located at the east end of Homestead Avenue.
Recommendation: The Department of Community Development recommends that the City Council
conduct a meeting with the petitioner regarding zoning of the property and that the petitioners must assume
the City's bonded indebtedness upon annexation and direct that a petition be a?j~roved to be circulated.
~und / Anal~ Per 35A. 14.120 RCW, prior to the circulation of a petition for annexation, the
initiating parties, who shall be the owners of not less than 10% in value according to the assessed valuation
for general taxation of the property for which annexation is sought, shall not/fy the legislative body of the
City in writing of their intention to commence annexation proceedings. The legislative body shall meet with
the initiating parties to determine (1) whether the City will accept, reject, or geographically modify the
proposed annexation area; (2) zoning of the propm'ty; and (3) whether or not the City will require the
assumption of all or a portion of the existing City indebtedness by the area to be annexed. Approval of the
legislative body is a condition precedent to the actual circulation of a petition for annexation. A formal
petition must be signed by the property owners of 60% in value according to the assessed valuation for
general taxation of the property for which annexation is petitioned. The petitioning parties own 100% of the
propcn-ty proposed for annexation.
The petitioners will be available at the February 1 meeting to discuss the issues with Council. The
south side of Homestead Avenue is unusual in that only the middle property is within the City limits w/th
propm-ties on both sides being in the County. The subject site has been sm-ved with City water for many
years and cannot be accessed from the portion of Mt. Angeles Road that is currently within the County due
to topographical constraints (see attached map and aerial photograph). Therefore, an interjurisdicfional
problem could exist in an emergency response situation. It is logical at this time to consider annexation of
t~e property, which is within the Port Angeles Urban Growth Area.
'~Sue Roberts, ~s~an~ Planner -
Attachments
87
89
pORTANGELES_ .
WASHINGTON, U.S.A.
CiTY COUNCIL MEMO
DATE:
TO:
]FROM:
SUBJECT:
February 1, 2005
CITY COUNCIL
SUE ROBERDS, ASSISTANT PLANNER
Request to Annex Property - Andrews
Ahlvers Road
Summary: A request to circulate an annexation petition has been filed by Ms. Francis Andrews to armex
approximately 34.46 acres of property located northwest of the intersection of Laurel Street and Ahlvers
Road. The property is situated between the Independent Bible Church site and Valley Creek.
Recommendation: The Department of Economic and Community Development recommends that the
City Council conduct a meeting with the petitioner regarding zoning of the property and that the petitioners
must assume the City's bonded indebtedness upon annexation and direct that the petition for the property
east of Valley Creek be approved to be circulated
Background / Analysis: Per 35A.14.120 RCW, prior to the circulation of a petition for annexation, the
initiating parties, who shall be the owners of not less than 10% in value according to the assessed valuation
for general taxation of the property for which annexation is sought, shall notify the legislative body of the
City in writing of their intention to commence annexation proceedings. The legislative body shall meet with
the initiating parties to determine (i) whether the City will accept, reject, or geographically modify the
proposed annexation area; (2) zoning of the property; and (3) whether the City will require the assumption
of all or a portion of the existing City indebtedness by the area to be annexed. Approval of the legislative
body is a condition precedent to the actual circulation of a petition for annexation. A formal petition must
be signed by the property owners of 60% in value according to the assessed valuation for general taxation
of the property for which annexation is petitioned. The subject property is owned by Ms. Andrews and her
sisters. As such, the petitioning parties own 100% of the property proposed for annexation.
Ms. Andrews will be available at the February I meeting to discuss necessary issues with the
Council. As the property east of Valley Creek cannot be served from the County without a crossing of Valley
Creek, an interjurisdictional problem could exist with the development of the eastern portion of the site in
an emergency response situation. It is therefore a logical action to consider annexation of the property east
of Valley Creek. The portion of the property west of Valley Creek is only accessible from the County
without a crossing of Valley Creek. The area west of Valley Creek is outside of the Port Angeles Urban
not m x t on.
"Sue Roberds, As/stant Planner
Attachments
91
WASHINGTON, U.S.A.
CITY
ATTORNEY
William E. Bloor
City Attorney
[4531]
Dennis Dickson
Sr. Assistant City
Attorney
[4532]
Candace Kathol
Legal Assistant
[4536]
Diana Lusby
Legal Administrative
Assistant
[4530]
Jeanie DeFrang
Legal Administrative
Assistant
[4530]
Teresa L. Pierce
Legal Records
Specialist
TO: City Council
FROM:
William E. Bloor, City Attorney
DATE:
February 1, 2005
Legal Department - Need for Full-Time Position
SUMMARY: Currently the Legal Department has no full-time staff positions,
except for the 2 attorneys. In 2001, the Legal Department did have one full-
time staff employee. For part of 2003 and 2004, that was reduced to a 1/2-time
position. In the 2005, it was increased to a 3/4-time position. It has not been
filled yet.
We recommend that it be increased to a full-time position, as it was through the
first half of 2003.
ACTION: Forward to the City Council a recommendation to reinstate a full-
time position for the Legal Department.
DISCUSSION: The Legal Depadment now employs 6 people: 2 attorneys who
are employed full-time; 2 Legal Administrative Assistants who job-share, a
position for 30 hours per week; a Legal Assistant (paralegal) who works part
time at 24 hours per week; and a Legal Records Specialist who currently works
20 hours per week. So at this time, the Legal Department does not have any
employee, apart from the 2 attorneys, who is in the office on a full-time basis.
In 2001 and through the latter part of 2003, the City Attorney's Office did have
one full-time employee, in addition to the attorneys.
In the 2005 budget, the 1/2-time position was increased to a 3/4-time position.
Subsequently, we re-evaluated that and now recommend that it be changed to a
full-time position.
The reasons for changing this to a full-time position include the following:
Workload and the need for continuity and a full-time staffperson: The
Legal Department currently handles 3 functions: property
management, criminal prosecutions in District Court, and all civil
95
matters relating to the City. In the last year, the number of criminal
cases has remained approximately the same. However, the complexity
of the cases has increased and this increases the workload. The duties
of property management have increased significantly over the last 18
months. In addition, the workload in the civil depamnent has increased
significantly.
We feel that the increase to a full time position is justified for several
reasons. During the majority of the time that the Legal Records
Specialist position was staffed half-time, the police department was
operating below author/zed strength, and thus the number of
misdemeanor and gross misdemeanor case filings had actually
decreased. With the addition of the 3 recently hired officers, the
number of misdemeanor and gross misdemeanor case filings has and
will increase to that of former levels. Thus, there will be more files to
open, close, monitor, and process.
We have implemented greater use of technology and other efficiencies.
Nevertheless, with the current staffing, it is difficult just to meet critical
deadlines.
Office efficiency would increase by having the continuity provided by
at least one full-time staff person. Currently all the office staff are part-
time on one schedule or another. Sometimes this creates inefficiencies
and difficulties in regard to coordination of large and ongoing tasks. A
full-time person would help to eliminate these problems.
It is important that we have at least 1 staff person, in addition to the 2
full time attorneys, that is in the office full time. This will provide
some consistency and continuity in staffing that is not possible when all
of the support staff is part time. In addition, the Legal Records
Specialist position will function as the person who has most front desk
contact with the public. The will allow the Legal Assistant and Legal
Administrative Assistants to be more productive.
The quality of candidates: The increase to a full-time position, alone,
will not eliminate the heavy workload now faced by the Legal
Department. To fill this position we will need a smart, adaptable
person. From preliminary evaluation, our assessment is that the quality
of the candidates will significantly increase if we are able to offer this
as a full-time position as opposed to a part-time position.
96
pORTANGELES
WASHINGTON, U.S.A.
CITY COUNCIL MEMO
DATE:
TO:
FROM:
SUBJECT:
February 1, 2005
CITY COUNCIL
Becky J. Upton, City Clerk/Management Assistant
Selection of Special Meeting Date to Conduct Interviews
for Planning Commission
Summary: As of April 1, 2005, there will be six (6) vacancies on the Planning Commission.
Staff has been seeking applicants and, as of the writing of this memo, ten (10) individuals have
submitted applications for consideration.
Recommendation: It is recommended that the City Council set a special meeting to
interview candidates and possibly make appointments to the Planning Commission.
Background / Analysis: At the present time, ten (1 O) individuals have submitted applications
to fill the vacancies on the Planning Commission. The applicants are:
Peter Ripley
Kevin Snyder
Edward Zoble
Eric Neurath
Elizabeth (Betsy) Wharton
Michael "Doc" Reiss
Thomas Meehan
David Johnson
Cherie Kidd
Candace Kalish
More applications may be forthcoming; however, in the meantime, Council is being asked to set a
date to conduct a special meeting for the purpose of interviewing the applicants. The Council may
opt to make appoinh'nents at the conclusion of the interviews or may choose to delay making
appointments pending the receipt of additional applications. As an alternative, the Council may wish
to make some appointments at that time, and defer other appointments until the time more
applications are submitted.
98
Budget: There is actually sufficient money in the budget to cover this
as a full-time position for the remainder of 2005. In addition, the City
Attorney's office staff have recognized the importance of making this a
full-time position and are willing to conserve in other areas. For 2005
this means, for example, there will be fewer dollars in our budget for
office supplies and for travel and training. Additional Duties and
Cost Savings to Citg: In an effort to control and reduce incarceration
costs, it has been necessary to increase monitoring of those costs.
Accordingly, in addition to reviewing the jail billings fi.om the Clallam
County Sheriff's Department.
· We also have assumed responsibility for monitoring the medical
expenses and arrangement for the housing of prisoners in the Forks jail.
Both of these can result in substantial saving to the City, but they do
require detailed and consistent review.
William E. Bloor
WEB:dl
G:~LEG ALibi EMOS.200$~Finance& Sa fct~Comm- FTE for CAO.011805
97
Board of Directors
2005
John Brew~ - President
Peniasula Daily News - 417-3500
Sandy Long - Fice President
Itly bitty BUZZ - 452-9010
ICqstin Tucker - Treasurer
lC Tu~ker Accounting - 452-9749
T~n'y Roth- Secretary
Northwest Duty Free - 452~556
Evan Brown - Director
Brown's Outdoor- 457-4150
N~cessities & Temptatiom
105V2 East First Street
RO. Box 582
Port Angeles, WA 98362
Phone: 360-457-9614
Fax: 360-457-9614
Email: pada@olypen.com
50RT ANGELES
ASSOCIATION
January 20, 2005
Michael Quinn
City Manager
City of Port Angeles
PO Box 1150
Port Angeles, WA 98362
Dear Mike:
The Port Angeles Downtown Association is pleased to submit
the Program Manager's Quarterly Report for Washington State
Downtown Revitalization Services Partner Cities. This report
covers the fourth quarter of 2004.
Statistics for the fourth quarter include:
4 - New businesses
0 - Relocations within Central Business District
0 - Relocation into Central Business District
1 - Business expansion
1 - Business failure/relocations out of CBD
5 - Interior/exterior renovation projects
$ 2,220,000 Total Private Investment for quarter
$ 1,733,000 Public Investment for quarter
$ 2,411,150 Total Private Investment for the year, 2004.
Two more buildings have changed ownership bringing the total
sales to 27 of the 98 commercial buildings in Downtown since
September 1997.
If there are any questions concerning this report or if additional
information is required, please contact me at 360-457-9614.
Yours sincerely,
Ada Holzschuh
Executive Directo[
WASHINGTON STATE
DOWNTOWN REVITALIZATION SERVICES
LOCAL PROGRAM MANAGER'S QUARTERLY REPORT
The local Downtown Revitalization program manager must submit a quarterly report to the state program
by the I 0b of January, April, July, and October for the previous three months. This is required for the
community to maintain status as a Washington State Tier System Associate or Panner-level city. The
manager should attach two copies of materials that further profile activities that the local program has
accomplished during the reporting period.
~anageress'sName:~ 4/,L ~ gOk2. KC'_HOH- City:
& year that this report coversi
~urrent date:OI-Dq-rzq' Months
ORGANIZATION
· Please give a synopsis of the status of your downtown organization, and of any related organizational
* The annual election for the Board 0f Directors was held in December. We had received 7
nominations for the Board plus the 6 current Board members wishing to nm for an additional term, for 7
positions. All 6 incumbent members were re-elected and one of the 7 new nominees was elected. Our
new member board member is: Edna Petersen, Necessities & Temptations, 217 North Laurel St., Port
Angeles, WA 98362 (360) 457-6400. Re-elected m the board are: Jan Harbick, Jack Harmon, Jelorma
McClean, Sandy Long, Terry Roth, and Kristin Tucker.
If any board members have changed, please provide an update for our mall/phone list
(name, address, phone):
* Edna Petersen, Necessities & Temptations, 217 North Laurel St. Port Angeles,
WA 98362 (360) 457-6400. 2005 Board list enclosed. Election of officers will be at the first meeting
of the year, January 12th. An updated list will be provided after the 12th.
Current number of board members: 13
Current number of standing committee members:
Organization: 14 Promotion: ~
Design: 6 Economic Restructuring
Othar ( Parking ) 7
Other ( Pal on the Town ) 5
Other (Membership) 4
6
Current number of other volunteers: 19
Number of volunteer hours dedicated to program activity support this quarter: 679
New organizational materials (workplan, bylaws, evaluations, meeting forms, volunteer applications,
grant proposals, reports to city council, brochures, etc.):
* Art on the Town has developed a new Prospectus for artists for 2005/06.
· Describe recent outreach activities conducted to build relationships with other organizations
(presentations, meetings, correspondence, joint proj~ts):
* We continue to work with Port AngeleS Forward, the City's Advisory Committee, on City
projects for Downtown the next being the entrance to the Downtown. New trees mad landscaping
· will be done on both sideS of the road as you come down the hill into the Downtown aren. There is
also a proposal for a new Welcome to Downtown sign at the top of the hill.
· We continue to work with the Red Lion Hotel to welcome conferences that come into
thc city.
PROMOTION
· Give a synopsis of promotional activities just completed. Include name of event or activity, total cost,
source(s) of funds, a short description of the event or activity, and an evaluation of its success:
A. Thc Halloween 'Trick or Treat' event was once again a great success with an even larger crowd
then the previous year. 2200 children received eundy from merchants and 200 had their photos taken,
free of charge, in their costumeS. A costume conteSt was held after the trick or ~xeating was completed
and was very successful. For the second year the Association gave away small pumpkins for children
to decorate and return for display, judging, and prizes. Costs: $250 for adverfis'mg, $75 for
pumpkins, and $315 for photographer and film.
B. The holiday open house 'North Pole Stroll' was held the week before Thanksgiving end kicked
offthe Open on Sunday campaign. This event was very successful the first day but the Sunday was
disappointing. The committee is discussing having thc event on Friday and Saturday next year rather
than Saturday and Sunday of having all 3 days.
C. A new printing of wraps for Downtown Dollars along with laminating of the table tents was
Done in November for the holiday sales of Dollars. Approximately $11,000 worth of certifieates
were sold from Dec. 1 - 24t~. This is about the same as the saleS of the 3 previous years.
D. The txaditional 'Community Tree Lighting' was thc largest turnout in years and likely the best,
Certainly in the past 8 years. Thc mix of entertainment and the small lighted parade escorting Santa
Was a real crowd pleaser. A number of people took photos of their children in front of the lighted
VehicleS. Cost: $2,000.
E. Our holiday issue of'Main Street' featured the new lighted basket that we will be using
Throughout the Downtown, In addition to the street t~ee lights, during the winter months.
· Highlight other promotional activities in the planning stage, include dates if known:
* Tbe committee is finishing thc new Calendar of Events for 2005, for dislxibufion In January.
Because of the difficultieS in organizing the 'Lighted Parade' as a feature event, this year, the
committee will begin work in Janumy. Alger people saw the few lighted vehicles escorting
Santa, they hfid a better understanding of what we were propos'mg for a parade and a number of
Businesses have already signed on for next year as has the Lion's Club.
Summarize new promotional materials (newsletters, brochures, logos):
* Continuing the single shent of information once a month called 'Downtown U1Mate'.
List key media contacts, press releases, interviews, and articles done during the reporting period:
* We continue to work with the Peninsula Daily News on the Main StreetTM magazine.
* Providing Press Release for our 'Morning Mingle' General Meetings and Halloween activities.
* There is a concerted effort to create more press releases. Design and Art on the Town are
receiving more press and hopefully the Promotion Committee will begin releases.
DESIGN
· Have there been any public improvements completed in the past two months that affect the
downtown revitalization program (List source(s) of funding and total cost of each project): none
* The historic Carnegie Library building has been restored and has opened as the new museum.
Funding for the project came fi.om state grants and the City. Total cost: $1.2 million.
· Describe any other current design activities (sign changes, ordinances, design review, workshops,
Contests, historic district formation, building surveys, clean-up days, etc.):
The committee has sponsored window displays for Halloween and ChrisWaas.
For the winter season, all the trees in the Downtown have been lit with clear lights. Due to
extensive damage to the lights last year, we purchased all new lights and that made the
installation much easier for the organization we hired to install the lights. Total cost for the
project this year is $4800. Additionally, we supplied 15,000 lights for the City's Christmas tree
that is in the Downtown fountain area.
We are continuing with the ongoing clean up of Downtown storefronts and sidewalks through
project - 'Super Sleuth' or 'Your Front Door'.
The committee, with a local artist, has designed a new bench and trash receptacle to replace the
4 different styles of benches and the 2 different styles of trash containers - one being a 55 gallon
drum. A prototype, of each, has been built and will be presented to the Parks
Director for comment. Each piece is designed with diamond shapes and each bench
has different art works on the back rest.
ECONOMIC RESTRUCTURING
Current number of businesses in the project area: _226
Current number of employees in downtown: 1536
Retail Sales:
__9 up/down fi.om previous quarter
2 up/down fi.om previous year
Explain any efforts made in assisting individuals or groups to obtain financing for an improvement
project List efforts to provide other business assistance and education:
10,1
* Thc committes's plnnning to b~gin the 'Over Morning Coffee'where each month we will invite 4 or
5 business owners to visit with us, tell us what they need, and network with other ovme~.
Give a synopsis of your cffo~s in market analysis and business reeruitm~mt. Snmmarize any other
Economic Restructuring activities:
· Continue to assist in showing property to prospective new businesses and to provid~ information on
* Storefxont vacant space is 1% of the total available space.
COMMENTARY
· Critical local issues, problems, and successes:
* We continue to work with the City on the Gatmvay proj~'t. Cummtly, a number of business owners
are ciroulating a petition to stop the project as it continues to mount in cost, now $10.2 ~ bom the
$6.5MIL ora few years ago.
· Goals and challanges of upcoming pr°j~ts:
· . Interesting stories, information, and discoveries to relate:
105
PORT ANGELES DOWNTOWN ASSOCIATION/MAIN STREE'I'r~
BOARD OF DIRECTORS - January 1 - December 31, 2005
John Brewer, Peninsula Daily News- President
PO Box 1330, Port Angeles, WA 98362, (360) 417-3500 (fax) (360) 41%3521
Evan Brown, Brown's
112 W. Front, Port Angeles, WA 98362, (360) 457-4150
(fax) (360) 452-6298
Barbara Frederick, Individual
515 South Laurel, Port Angeles, WA 98362, (360) 417-3551 hm (360) 452-2998
Jan Harbick, 5 SeaSuns Bed & Breakfast
1006 S. Lincoln, Port Angeles, WA 98362, (360) 452-8248 (fax) (360) 417-0465
Jack Harmon, Victoria Express
115 East Railroad Avenue, Port Angeles, WA 98362, (360) 452-8088
Marlene Hulett, Regence Blue Shield .
PO Box 1307, Port Angeles, WA 98362, (360) 417-8308
Jelorma McClean, Port Angeles Farmers' Market
222 Rife Road, Port Angeles, WA 98363, (360) 457-6186
Sandy Long, itty bitty BUZZ - Vice President
110 E. First, Port Angeles, WA 98362, (360) 452-9010
Edna Petersen, Necessities & Temptations
217 North Laurel, Port Angeles, WA 98362, (360) 457-6400
Terr~y Roth, North West Duty Free - Secretary
115 East Railroad, Port Angeles, WA 98362, (360) 452-8556
Charlie Smith, Lindberg & Smith Architects
319 S. Peabody, Port Angeles, WA 98362, (360) 452-6116 fax (360) 452-7064
Kevin Thompson, Family Shoe Store
130 W. Front, Port Angeles, WA 98362, (360) 452-3741
Kristin Tucker, Kristin Tucker Accounting - l'reasurer/Past President
PO Box 2032, Port Angeles, WA 98362, (360) 452-9749 (fax) (360) 457-4698
106
Port Angeles Downtown Association/Main StreetTM
New Jobs, Businesses, & Rehabilitation Investment
In Downtown Port Angeles
October 1, 1997 - December 31, 2004
68 More Businesses
643 More Employees
Over 136,000 sq. ft. of unoccupied space, now filled
185 Faqade/Exterior/Interior Renovations (includes signage)
27 Buildings Purchased
Occupancy rate up from 87% to 99%
Private Investment - $16,231,094
Public Investment - $8,064,000
PO Box 582, Port Angeles, WA 98362
(360) 457-9614 pada~olypen.com
107
PUBLIC WORKS PROJECT STATUS REPORT FOR JANUARY, 2005
CHANGE ORDERS FOR ACTIVE CONSTRUCTION PROJECTS
COSTS SHOWN INCLUDE APPLICABLE TAXES
I PROJECT BUDGET ORIGINAL PREVIOUS CHANGE REVISED
TITLE CONTRACT CHANGE ORDERS CONTRACT
AMOUNT ORDERS THIS AMOUNT
MONTH
Elwha UG Rebuild II 02-11 $150,000 $119,108.34 $0.00 $0.00 $119,108.34
Peabody Waterline 02-20 $2,000,000 $1,271,101.94 $0.00 $18,762.66 $1,289,864.60
Fairmount Pump Sta 02-26 $850,000 $699,653.33 $5,238.36 $0.00 $704,891.69
Crown Pk SS/Storm 03-12 $950,000 $914,767.54 $18,469.23 $26,586.40 $959,823.17
Leachate PS #1 04-10 $70,000 $43,697.97 $0.00 $0.00 $43,697.97
Oak Street Sewer 04-03 $70,000 $26,955.87 $0.00 $57,000.00 $83,955.87
PUBLIC WORKS CONTRACTS/PURCHASE ORDERS APPROVED BY CITY MANAGER
CONTRACTOR
OR VENDOR
(COSTS SHOWN INCLUDE APPLICABLE TAXES)
[ PrpOJoe~t-[ DESCRIPTION AMOUNT
UPCOMING PUBLIC WORKS CONTRACTS
(NEXT 30 DAYS ESTIMATED DATES SHOWN )
PROJECT ADVERTISE FOR BID OPENING START END
TITLE BIDS CONSTRUCTION CONSTRUCTION
Waterfront Trail January 25, 2005 February 1, 2005 February 5, 2005 February 15, 2005
Repairs 05-05
N:~PWKS~ENGrNEERhMGKRPT~Change Orders\Change Orders 2005~co01-05.wpd
108
WASHINGTON, U.S.A.
CITY COUNCIL MEMORANDUM
DATE:
To:
FROM:
SUBJECT:
FEBRUARY 1, 2005
CITY COUNCIL~~/~
Marc Connelly,~Deputy Director of Recreation
POSSIBLE TIMELINE FOR POOL PROJECT IMPLEMENTATION
Summary: The City Council requested that staff prepare an outline of a schedule for
completing the William Shore Pool Project.
Recommendation: None. This report is for information only.
Background / Analysis:
The following outlines a potential timeline for decisions related to the construction of a
replacement oftheWilliam ShorePool. This schedule takes two perspectives. One perspective
considers a possible November 2005 bond issue and the other considers a November 2006 bond
issue. Other options are available to the Council such hosting bond elections in a primary
election or via special election. Also attached is a copy of an analysis of ballot measure issues
prepared by staff in June of 2004 for your information.
November 2005/2006 Option
Pool Options Public Workshop (March 9)
Gather public comments on pool locations, plans, costs, and other issues.
Parks, Beautification Commission (March 17)
The Commission would receive report and discuss public comments received at the workshop.
Parks and Facilities Subcommittee (April 6)
The Facilities subcommittee would receive and discuss comments gathered at the March 9
workshop.
Parks, Beautification Commission (April 21)
The Commission would consider and make a site recommendation to the City Council.
Parks, and Facilities Subcommittee (Mayl 1)
The Subcommittee would consider and make a site recommendation to the City Council.
City Council (May l~l)] 0
City Council would consider (and approve) Commission and Subcommittee recommendation.
Bond Campaign (May 18)
Bond campaign begins unless decision involves locating pool on property adjacent to YMCA.
Construction Documents (3 months)
Development of Construction Documents begins unless to be funded via bonds.
City Council (September 13, 2005 or September 22, 2006)
City Council deadline to notify County of its intention to place measure on November ballot.
Election
(November 1,2005 or November 7, 2006)
Bond Sale (ask Yvonne)
Assume (Jan. 1)
City site building permit
Mid January completion.
(1.5 weeks)
Bid Process
Mid March Completion.
(2 months)
Construction
May 2005/2006-June 2006/2007
(13 months)
Staff shows this schedule to illustrate the fast track the project could take, although staff would
not recommend a 2005 bond issue due to challenges with being able to validate due to high voter
turnout in the 2004 general election. If Council were to decide to defer to 2006 many of these
dates of course could slide. Having almost one full year to inform the public on the issue would
be ideal.
Considerations on schedule should the decision involve YMCA is identify the time necessary to
negotiate an operating agreement and implement the process to rezone residential property
adjacent to the YMCA if any of those are to be used for the foot print of the building or
associated parking needs. Staff estimates the rezone process as approximately 2 months.
Cc.
Mike Quinn, City Manager
Glenn Cutler, Director of Public Works and Utilities
111
Ballot Measure Issues
Election Types
There are three types of elections, including general elections, primary elections, and
special elections.
Election Dates
General Elections are held on the lst Tuesday in November. In 2004 the General
election will be held on November 2®.
· Primary Elections are generally held on the 1st Tuesday in September with
exceptions. 2004 will be an exception, as the Primary will be held on Tuesday,
September 14th.
· Special Elections can be held at the time of the choosing of the agency requesting the
election. However, the agency then would bear the full cost of the election.
Election Costs
· General Election-According to the Clallam County Auditor it can be reasonably
expected that the cost for a measure to be placed on the ballot during the general
election to be $15,000.
· Primary Election-According to the Clallam County Auditor, the cost for a bond
measure to be placed on the ballot during a primary election would cost between
$25,000 and $30,000.
· Special Election-According to the Clallam County Auditor the cost of a stand along
ballot measure could cost upwards of $35,000.
Voting Requirements
· General Obligation Voter Approved Bonds-According to the Clallam County
Auditor a super majority or 60 percent voter approval is necessary along with
meeting validation requirement for passage. A validation requirement for voter-
approved bonds is that at least 40 percent of the voters participating in the prior
general election cast ballots.
· Maintenance and Operations Funding It is my opinion that there be a maintenance
and operations levy either in the form of a special levy or a levy lid lift be included
on the ballot as a separate proposition. For the purposes of perpetual funding and
easier voter requirements I would recommend a levy lid lift instead of a special levy.
Enough new facilities have been added since 2001, and more are proposed to be
added to the responsibilities of the Department of Parks and Recreation. Given the
state of the local economy and recent budget trends we can expect that a lower of the
level of maintenance service on all facilities new and existing without additional
resources such as those possible through either a maintenance and operations levy or
a levy lid lift. Accordingly, I believe it is prudent to ask the voters to support the
incremental costs associated with the new recreation facilities such as the pool,
Valley Creek Estuary Park, East Entry Gateway, Francis Street Park, Carnegie
112
Library, Olympic Discovery Trail, and eventually the Gateway Center Plaza, as well
as the Conference Center waterfront park-site.
Levy lid lift- (RCW 84.55.050) This approach may be available to Port
Angeles. Although the City may already be at its statutory limit this
may be a future option if assessed valuation increases in the
community. The City of Kirkland just recently passed a levy lid lift for
parks maintenance and operations. A levy lid lift can be placed on the
ballot committing new revenue for a specific purpose such as parks
maintenance and operations. This approach provides for potential
perpetual funding and grows with the base levy. Voter requirements
require only a simple majority. Further follow-up on this will be
necessary with the Finance Director, City Attorney and Bond Counsel if
we are to consider this approach.
Special levy-This approach provides for funding on a limited duration
period, most likely one year at a time and would require renewal. The
special levy voter requirements include the need for a super majority and
40 percent validation.
Timing/Companion Measures
· 2004 General Election-The general election for 2004 will be on Tuesday, November
2nd. Clallam County requires 45 days notice to place a bond measure on the ballot.
This means notification would be necessary by September 17, for a November 2nd
ballot. Complicating this notification requirement is the possibility of the measure
being placed on the primary ballot and failing. Ifa decision were to be made to
resubmit, the decision would need to be made by the City Council in less than three
days time.
· 2004 Primary Election-The 2004 primary election will be held on September 14th.
Notice to Clallam County would be required by July 23~a. Consequently, the process
for making a decision not only for the pool location, but the decision to place on the
ballot early is a challenge based upon the limited time available. The advantage of
placing a bond measure on the primary is that if it fails either closely by the majority
decision threshold or fails because of low voter turnout the City retains the ability to
resubmit quickly and still have relatively low thresholds to meet for validation.
Companion Measures-According to the Clallam County Auditor there are no other
bond measures or special levies planned for either the primary or general election at
this time. The County is planning however, for at least 3 statewide initiatives and
lately those have been propositions related to taxes. The reason that it is important to
be aware of possible companion measures on the ballot is that too many taxing issues
may have a negative affect on voter acceptance. If this is the case, consideration
should be given to potentially reducing the risk and delay submitting the measure for
a vote to another less "busy" ballot.
113
Staff/Council Work Session
It may be useful to have the staff and the City Council conduct a session regarding voter
approved General Obligation Bond Issues and Maintenance and Operations levies to
familiarize each other on the rules, regulations and the various issues affecting the
placing ora measure on the ballot.
Bond Committee
Prior to or immediately after the determination to proceed with a bond issue, a Bond
Committee usually forms to begin advocating for passage of the particular bond measure.
This happens by law independently of any action of the City. City staff, and elected and
appointed officials may not campaign for the bond in their capacity as representatives of
the City of Port Angeles. Nevertheless this is a key component to developing a
successful bond project. A bond committee also needs sufficient campaign time and a
clear message or project to sell. It is worth noting that should the Lincoln Park site be
chosen for the pool no building elevations or exact location has been developed. The
presumption of all cost estimating has been to use the conceptual floor plan for the pool
renovation as it currently exists as the plan for the Lincoln Park site as well.
114
115
117
WASHINGTON, U.S.A.
DEPARTMENT OF COMMUNITY DEVELOPMENT
DATE: February 1, 2005
To:
City Council Members
FROM:
Sue Roberds, Assistant Planner
SUBJECT:
Department of Community Development
Planning Division December and Year End 2004 Report
APPLICATION TYPE:
2004
Rezone 3
Municipal Code Amendment 0
Conditional Use Permit 9
Conditional Use Permit Extension 0
Conditional Use Permit Appeal 0
Annexation 0
2003 2002 2001
0 5 6
2 1 2
10 7 14
0 3 0
0 2 0
0 2 0
Subdivision 12 5 1 0
Binding Site Plan 1 1 0 0
Short Plat 7 5 6 1
Appeal of Short Subdivision Decision 0 0 2 0
Boundary Line Adjustment 10 4 10 4
Home Occupation Permit 3
Retail Stand Permit 1
Bed and Breakfast Permit 0
Variance 4
Minor Deviation 8
Street Vacation 6
Parking Variance 0
Shoreline Substantial Development Permit 5
Shoreline Exemption 5
Wetland Permit I
Environmentally Sens. Areas 6
Annexation 1
SEPA ENVIRONMENTAL POLICY:
Determinations of NonSignificance 43
Mitigated Determinations 0
Determinations of Significance 0
SEPA Appeal 0
3 2 2
1 1 2
1 2 6
10 6 11
3 0 1
4 1 4
0 0 0
5 6 7
1 2 4
0 0 0
2 14 4
0 0 0
31 38 33
0 0 4
0 1 0
0 1 0
DEVELOPMENT REVIEW:
Building Permits
Code Enforcement
Clearing and Grading Permit
*Started calculations in 9/01
178 145 99 * 31
99 10 2 4
o 6 --6 __/7
407 248 207 146
119
Department of Community Development
Planning Division
Performance Measures 2004
I 3 7 14 21 30 45 90 120
Permit Type Day Days Days Days Days Days Days Days Days
Admin Reviews 4
Appeals
Binding Site Plan 1
Boundary Adjusts. 11
Building Review 15 55
Clearing/Grading
Conditional Use 8
Environmental Reviews 29 6
Home Occupation 3
Minor Deviation 4
Municipal Code Amend 1 1
Planned Res Develop 1
Retail Stand Permit 1
Rezone 2
Shoreline Permits 3 2
Shoreline Exempt. 4
Shod Plat 4
Subdivision 10 1
Temporary Use Permit 4
Variance 3
Street Vacation 2 1
Totals 15 67 49 13 26 4 3
8% 38% 28% 7% 15% 2% 2%
T:\Budget\performancemeasures04.wpd
120
"ID
· ~o ~oo ooo ~,:0 ooo~
8
WATER DEMAND
2OO3 · 2004
LAST YEAR TO DATE
TH~S YEAR TO DATE
ETrED
STORM DRAINS JETTED
SYSTEM TVINSPECTED
'r
RAINFALL
2003 12004 - 10 Year Average
10 YR AVG. TOTAL TO DATE
THIS YR TO DATE
123
ELECTRICAL USAGE
2003 · 2004
LAST YEAR TO DATE
TEMPERATURE
~2003 w2004 - 10 Year Average
T~TAL LANDF LL D SPOSALj
TOTAL CrTY TONS 40.7%
THIS YR TO DATE (TONS)
LAST YR TO DATE
4
14.2%
CO. COM. HAUL
3
9.1%
I CITY OF SEQUiM
0*8%
2 D.M./OLYMPIC DISPOSAL
25,2%
PUBLIC WORKS & UTILITIES DEPARTMENT
QUARTERLY REPORT
Installed 13 1" x 5/8' and two 2' new watar services and dropped In 12 meters
Repaired 19 water service leaks, moved 1 service, pedormed 186 utility locates
Redalrad fourteen 2," and one 6' water main breaks; Removed one water meter
Changed out one 4" and ten l'x 5/8" inoperable water meters
Located transmission line blow-off at Vallay Creek, east of Park Avenue
Replaced two fire hydrants and complated repairs on two others
Assisted contractors (Snelson and Jordan) on large water projects
Removed wire and buried old water main on Garliog Road
Wildlife management meeting
Completed rate analysis for landfill and collections
Collected 3t4 tons for recycling and 200 tons of yard waste
Hired a Ufl[ity Worker [ and a Scale Attendant
Revetment project meeting with various agency representatives
Solid Waste Advisory Council meeting
Processed 84 new requests for recycle bins
Raised sewer manhole at 6th & 'F' streets; Cleaned methane trap at the Landfill
Pumped out holding tank at compost building at the Landfill; Jetted monthly lines
Removed, repaired and reinstalled pump #1 at PS ~6 and pump #1 at PS ~8
Assisted primo Construction with temporary pressure main hook up at PS #1
Repaired wldng at Steven's School stormwatar pump station and tested system
Completed utility locates as requested & inspected combined sewer ovediow sites
Cleaned rocks out of pipe at storm manhole north of pump station #1
Jetted for Street Division on the Watedront Trail east of Rayonier Mill site
Repaired stormwatar pump station damaged by vandalism at Stevens School
NPDES monthly reports showed no violations
Worked with Iccal dischargers on pretreatment issues
Performed process control on secondary treatment system
Completed weekly O & M on Landfill leachate collaction and treatment system
Conducted CSO sampling and inspections per new Pollution Prevention Plan
Completed monthly EPA and DOE testing and monitoring
Collected samples and performed analysis for plant rerating work
Repaired belt on belt press; Repaired scrapers on the secondary circular clarifier
Installed new seals and bearing assembly on lab heat pump
Portable flowmeter demonstration was conducted with Sigma and E&H flowrnetars
Attended Paciltc NW Clean Water Assn. annual conference
Consultant conducted workshop on the Trickling FiflerlSolids Contact process
Work Orders: 437 Service Requests from Denvers Tire: 175
Service Orders: 87 Full maintenance services by Denvers: 55
TOTAL WORK ORDERS: 612
Fleet module update training - year end cioseout
Fleet master certification training
Mechanic ASE certifications completed and passed
Attended Department of Ecology workshop
Pumhased two pool vehicles and one light pole trailer
Bid opening an sewer inspection equipment and rejection of all bids
Finalized the 2005 budget; Purchased a sidewalk sweeper
Auctioned off surplus equipment in conjunction with local agencies
Shop improvements - oil reels
122 meters were tested and replaced
46 street lights were repaired; 179 Iocatas were completed
Morse Creek sluice gate repairs completed
Christmas decorations put up
Completed Elwha Cable Replacement, Phase II
Repaired asphalt at 13 ug[ity Cuts; Patched potholes citywide
Skin patch on east end of Lauridsen Blvd, bridge approach
OveP/lay 8' x 120' to address drainage issues on 4/5 allay west of Penn St.
Replaced sidewalks at WW'PP due to waterline replacement
Replaced 8' x 5' sidewalk panel at 1725 E. 6th due to water utility cut
Excavated and repoured 86' x 5' sidewalk at 312 E. 5th due to heaving
Assisted Engineering with Park St. storm drain iocata
Responded to oil spill on 300 blk of 4th St; Built spoils bins at Corpyard
Citywide.mowedJgraded/gravelad/ground/educted/swept/applied dust control ag
Conducted sidewalk survey in proposed chip seal project
Raised sunken pavers in crosswalk on 200 blk of 1 st Street
Repaired damage to pedestrian fence on Park St. caused by vandalism
Cleared fallen tree at 1st and Vine streets; Prepared all equipment for winter
Installed catch basin and storm drain line in Front StJRailroad alley
General sign. buiEiing, and key maintenance, and curb painting - cltywlae
Repaired pedestrian railing on west 8th Street bddge
Repaired Oak Street stairs; Repaired and resupported floor at Carnegie Libr~
Constructed new signs to reflect new rates at the Landfil~
Assisted with special event - Jingle Bell Run
Constructed new "No Trespassing' signs for Po[ice Depadment
Performed annual safety inspection of Corpyarb
Monthly crew safety meetings; Aflended first aid and flagging classes
8th St Bridge Replacemnt design supberf
Tree Trimming contract completed
Etwha Dam removal mitigation support
Concrete Cylinder Pipe Replacement construction support
Gateway Project design supperf
Fairmount Pump Station construction supperf
Pump Station 1 & 3 construction support
Eioctrica[ Underground Rebuild Elwbe Line c~nstruction support
Park Avenue Sewer design suppo~
Oak Street Sewer construction support
Western UGA Utilities Extension design support
City Pier design support
Landfill Closure/Transfer Station support
Downtown Phase itl design supporf
125
City of Port Angeles
Parks, Recreation & Beautification Commission
December 16, 2004
Minutes
II.
III.
Call to Order:
The December 16, 2004 Parks, Recreation & Beautification Commission meeting
was called to order at 7:00 p.m. in the Vern Burton Community Center meeting
room by Chairman, Diana Tschimperle.
Roll Call
Members Present: Chuck Whidden, Damaris Rodriguez, Diana Tschimperle, Jack
Harmon, Patrick Deja and David Shargel.
Members Absent: Ron Johnson, Elizabeth Minor and Markie Miller.
Staff Present: Marc Connelly, Glenn Cutler, Mike Puntenney and Amber Cottam.
Audience: Jan Bock and Rotary Club Members, Len Beil, Bill Roberds, Wes
Doty, and Jim MacDonald.
Approval of Minutes and Audio Tape Disposition:
Jack Harmon requested an addition to the minutes be made clarifying that Mike
Quinn left it unclear on whose idea it was for the reorganization. Jack Harmon
moved to accept the Parks Commission minutes of November 18, 2004 and
dispose of the tapes in the usual manner. Pat Deja Seconded. Upon call for the
call for the question, motion carried unanimously.
IV. Items from the Audience not on the Agenda:
None
V. Legislation:
None
VI.
Other Considerations:
A. Arthur Feiro Marine Life Center Annual Report:
Staff reminded the Parks Commission that the operation of the Marine Life Center
is managed through the administration of a three-year operating agreement
between the City and Peninsula College, its selected operator, and is subject to the
approval of the City Council.
Barbara Martin, Marine Life Center Director, was on hand to present the annual
report. She explained that their main objective for 2004 was to build visibility
beginning with the creation of a new brochure and diversifying their programs.
Parks Commission
December 16, 2004 ] 27
Ms. Martin continued with an in-depth overview of Marine Life Center Programs
during her tenure, focusing on this past year. Ms. Martin also outlined future
plans for new programs and building remodel.
The Parks Commission commended Ms. Martin on her dedication and enthusiasm
in operating the Marine Life Center.
Parks Department Reorganization:
Glenn Cutler, Public Works Utility Director and Mike Puntenney, Deputy
Director. Operations updated the Parks Commission on the subject of how
the reorganization will be accomplished in respect to absorbing the Parks
function into the Operations area.
Mr. Puntenney said that due to similar tasks and equipment needs, the
parks maintenance function can be easily partnered with the street
division. Parks maintenance will keep its identity and perform the same
tasks while sharing talents with the street division.
Glenn Cutler added that 2005 would be a transition period to see if the
reorganization works. If it doesn't, something different will be examined.
In the meantime, everyone will be flexible and sensitive to the identity of
those in Parks and Street.
Pat Deja asked what measurements would be considered, at the end of the
year, to tell if the reorganization is working or not. Mr. Cutler responded
that facets of everyday maintenance to keep the city running would be
considered. Feedback from user groups, complaints, and feedback from
the Parks Commission would also be considered.
David Shargell asked if the role of the Parks Commission would change;
would they be more involved with parks and less with recreation? Mr.
Cutler responded that discussions would be held regarding the interfacing.
Dialogue will also be held on interfacing with the City Council, the Parks,
Recreation & Beautification Commission, and the three councilmembers
who have oversight in this area.
Marc Connelly pointed out that since the Parks, Recreation &
Beautification Commission was formed by resolution, any changes would
need to be made by City Council.
Loomis Building Restroom Proiect Update:
Marc Connelly summarized the joint venture between the city and the
Noon Rotary Club to complete the Loomis Building sewer line and
restroom project. The city will provide the labor for trenching the sewer
line and the Rotary Club will finish the construction. Once the project is
2
Parks Commission 'l ~)8
December 16, 2004
finished the building will incorporate a kitchen, new restrooms and
become easier to maintain.
Following the distribution of drawings for the Lincoln Park Loomis
Building restroom addition, Bill Roberds presented an overview for the
completion of the Loomis Building as the Noon Rotary Club's Centennial
Project.
Mr. Roberds explained there would be some start money available from an
insurance claim when the restroom near the Longhouse burned to the
ground two years ago.
The Building Association's Future Builder Program will lend a hand with
framing and construction.
Pat Deja moved to accept the Loomis Building addition concept. David
Shargel seconded. Upon call for the question, motion carried
unanimously.
William Shore Memorial Pool Renovation Proiect Update:
Marc Cormelly updated the Parks Commission regarding the current status
of the evaluation for the William Shore Memorial Pool.
Currently there are three sites remaining for further location study. These
include the city hall site in the Peabody Street parking lot between 4th and
5th Streets, staying on the current site, or in the area of the YMCA (Y).
City staff is working with the architect who is developing several plans.
These plans will be brought to a public workshop, similar to the workshop
held on the 8th Street Bridges. The community will then have an
opportunity to look at the options and make comments.
The YMCA is conducting a separate study and plan. The public will be
able to compare both of these proposals side by side at the workshops.
Jack Harmon asked for the cost to renovate the existing pool compared to
the estimated cost to rebuild a new pool. The original renovation cost
was between two to four million dollars, a new pool would cost
approximately five to six million dollars.
Jan Bock felt the public is sadly left out of all information concerning the
pool renovation. The pool issue is being discussed at the pool by users
using the only information they have available and what the paper
publishes. She questioned the additional amount of money to build a new
pool compared to the renovation.
Parks Commission
December 16, 2004
Et
Mr. Cormelly responded that the new facility is approximately 7,000
square feet larger which drives the cost. In addition, the cost of
demolition must be figured in to building a new pool on the original site.
Mrs. Bock also asked how the city can fund a bond with city money and
yet let the YMCA mn it. Why doesn't the YMCA build their own pool?
Mr. Connelly responded that this is a question that has not been
completely answered. With public input, this is a policy question the City
Council will ultimately answer regarding who will be operating the pool?
Mrs. Bock understands the YMCA wants the city to fund and build the
pool, and then the Y wants to run it. She asked for clarification on this
issue if it were the troth or not. Mr. Connelly responded that the YMCA's
plans are unknown. The Y did make a presentation to the City Council's
Parks & Facilities sub-committee asking the city to consider their proposal
for the pool to be built with a bond issue and a joint venture agreement
between the YMCA and the City to operate it. During the meeting the
details of this proposal were not forthcoming.
Diana Tschimperle explained the public would make the choice, not the
City Council, by voting yes or no on a bond to build the pool.
Chuck Whidden asked if the school district was involved with pool
funding. Diana Tschimperle answered that it was not, due to budget
constraints. Mr. Connelly pointed out that the school district does pay for
staffing when they use the pool.
Parks~ Open Space and Recreation Plan:
The Parks, Open Space and Recreation sub committee met previously to
review the draft plan. Mr. Connelly distributed the committee's general
comments regarding the draft plan to the Parks Commission asking them
to review them over the holidays. He noted that discussion would be held
with Parks Commission in January.
Diana Tschimperle asked about the timeline for City Council and public
review. Mr. Connelly mentioned the Parks Commission would be
involved with setting this time.
Chuck Whidden asked if the surplused 7th & D Park has been disposed of.
Mr. Connelly didn't know the status of the park, except the play
equipment has been removed.
Damaris Rodriguez asked about the meeting schedule status for Lions and
Elks parks renovation projects. Mr. Connelly responded that after January
4
Parks Commission
December 16, 2004 '1 30
2005 the committees will be reconvened and the projects put back on
track.
VII.
Adjournment:
Diana Tschimperle c~ntertained a motion to adjourn to Executive Session.
VIII.
Executive Session Adiournment
IX.
Adlournment:
Damaris Rodriguez moved to adjoum the regular session. Pat Deja
seconded, upon call for the question motion unanimously carried.
5
Parks Commission
December 16, 2004