HomeMy WebLinkAboutAgenda Packet 09/15/1998
AGENDA
PORT ANGELES CITY COUNCIL
321 EAST FIFTH STREET, PORT ANGELES, W ASlDNGTON
September 15, 1998 - REGULAR MEETING - 5:30 p.m.
AGENDA ITEM First Action ? Action Taken
Page
A. CALL TO ORDER - Regular Meeting (5:30 p.m.)
B. ROLL CALL
C. PLEDGE OF ALLEGIANCE
D. CEREMONIAL
MA TTERS/PROCLAMA TIONS
Proclamation recognizing October 4 - 10, 1998, 2 Read
as Public Power Week
E. WORK SESSION None
F. LATE ITEMS TO BE PLACED ON TillS OR FUTURE AGENDAS (By Council, Staff or Public)
AND PUBLIC COMMENT FOR ITEMS NOT ON AGENDA (This is the opportunity for members of
the public to speak to the City Council about anything not on the agenda, please keep comments to 5-10
minutes.)
G. FINANCE
1. Bid award for Solid Waste Packer Truck 4 Action
2. Payment to W oodhaven Homeowners 6 Action
Association for LID 215 Pavement
Restoration
H. CONSENT AGENDA
1. City Council minutes of September 1, 1998 8 Action
2. Planning Commission minutes of August 12 16
3. Check List - Sept. 9, 1998 - $810,739.69 24
I. CITY COUNCIL COMMITTEE REPORTS
J. ORDINANCES NOT REQUIRING PUBLIC
HEARINGS
Ordinance approving the sale of 40 Action
WaterIWastewater Refunding Bonds
K. RESOLUTIONS NOT REQUIRING PUBLIC
HEARINGS
Resolution approving DNR ALEA Grant 130 Action
Application
NOTE: HEARING DEVICES AVAILABLE FOR THOSE NEEDING ASSISTANCE
i
MAYOR TO DETERMINE TIME OF BREAK
September 15, 1998 Port Angeles City Council Meeting
Page - I
AGENDA ITEM First Action ? Action Taken
Page
L. OTHER CONSIDERATIONS
Surrender of FERC License for Morse Creek 134 Action
M. PUBLIC HEARING-QUASI-JUDICIAL None
(7:00 P.M. or soon thereafter):
N. PUBLIC HEARINGS - OTHER None
O. INFORMATION
1. City Manager's Report (Page 136)
2. Chamber of Commerce Visitor Center Report - June & July, 1998 (Page 138)
P. EXECUTIVE SESSION (As needed and determined by City Attorney):
Q. ADJOURNMENT Action
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.
PUBLIC.HEARINGS
Public hearings are set by the City Council in order to meet legal requirements 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 matters may be controversial, and the City Council may choose to seek
public opinion through the public hearing process. ..
.
G: \EXCHANGE\CNCLPKT\CTYMGR\CC091598.AGN
NOTE: HEARING DEVICES AVAILABLE FOR THOSE NEEDING ASSISTANCE
MAYOR TO DETERMINE TIME OF BREAK
September 15, 1998 Port Angeles City Council Meeting
Page - 2
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CITY OF PORT ANGELES
CITY COUNCIL MEETING
September 15, 1998
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PLEDGE OF ALLEGIANCE:
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DATE OF MEETING: September 15.1998
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WAS H I N G TON, U. S. A.
CITY COUNCIL MEMO
September 15,1998
MA YOR BRAUN AND CITY COUNCIL
Jack Pittis, Public Works & Utilities Director
Public Power Week Proclamation
SUMMARY: Port Angeles City Light is one of almost 2,000 publicly owned electric utilities across
the nation. In support of public power and the benefits it provides to its customers, the attached
proclamation designates the week of October 4-10, 1998 as Public Power Week.
RECOMMENDATION: Staff recommends that the Mavor issue the attached proclamation.
ISSUE: Should the Mayor issue a proclamation recognizing the benefits of public power and
designating the week of October 4-10, 1998 as Public Power Week?
BACKGROUND / ANALYSIS: Since 1987, the American Public Power Association has been
encouraging communities that are served by public power utilities to celebrate the benefits of public
power by designating the first week of October as Public Power Week. City Light has been
providing low rates and quality service since 1893 and is the fourth oldest municipal electric utility
on the west coast. Today almost 10,000 customers are served with sales of over $16 million and a
work force of 32 full time employees. The attached proclamation extols the many benefits of public
power and in particular the role that the utility plays in making Port Angeles a better place to live
and work. .
Attachment: Proclamation
02
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PROCLAMATION
PUBLIC POWER WEEK
OCTOBER 4 - 10, 1998
WHEREAS, we the citizens of Port Angeles have chosen to operate a community-owned locally controlled,
not-for-profit electric utility; and
WHEREAS, we are both consumers and owners of our electric utility and have a direct say in utility
operations and policies; and
WHEREAS, Port Angeles City Light provides our homes, businesses, social service, and local government
agencies with reliable, efficient, and cost-effective electricity employing sound business
practices designed to ensure the best possible service at not-for-profit rates, and
WHEREAS, Port Angeles City Light is a valuable community asset that cont~ibutes substantially to the
well-being of local citizens through energy efficiency, customer service, environmental
protection, economic development, and safety awareness, and
WHEREAS, Port Angeles is part of a community of about 2,000 public power systems in the United States
that through consumer-ownership ensure cost-cutting competition in the electric utility industry
to the benefit of electricity consumers everywhere, and
WHEREAS, the American Public Power Association initiated Public Power Week in 1987, and it has proven
to be a highly successful means to educate this community's consumers and the general public
about public power's public service mission and community betterment goals, and
WHEREAS, it is crucial to our local economy that our community understand the value of our public power
system, especially during this time when deregulation and competition in the electric utility
industry will make it even more important for us to make our customers aware of all of the
benefits we provide to our community.
NOW, THEREFORE BE IT RESOLVED: that the week of October 4-10, 1998 be designated the twelfth
annual Public Power Week in order to honor Port Angeles City Light, its consumer-owners, policy makers,
and employees who work together to provide the best possible electric service to our community, and
BE IT FURTHER RESOLVED: that our community join hands with other public powe~ communities
across the nation and celebrate the public benefits of public power for our local and national progress.
"
September 15. 1998
Gary Braun, Mayor
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CITY COUNCIL MEMO
DATE:
September 15, 1998
To:
MA YOR BRAUN AND CITY COUNCIL
FROM:
Jack Pittis, Director of Public Works and Utilities
SUBJECT:
Bid Award for Solid Waste Refuse Collection Truck.
SUMMARY: Bids for the Solid Waste Refuse Collection Truck were opened on August 25, 1998.
Western Peterbilt, Inc., submitted the only bid. The bid included a 1999 Peterbilt truck with options
for two different body styles. 1) The lower priced option was for a New Way Automated Side
Loader body that does not meet the minimum specifications. 2) The higher priced option was for
a Heil-Rapid Rail Automated Side Loader Body that does meet all the specifications. Staff was able
to delete several items which brought the total for the conforming vehicle down to $156,234.75
including tax and trade-in.
RECOMMENDATION: Staff recommends that City Council 1) reject the bid from Western
Peterbilt, Inc. for the New Way Automated Side Loader as not meeting the minimum
specifications and 2) accept the bid from Western Peterbilt Inc., for the Heil-Rapid Rail
Automated Side Loader in the amount of $156,234.75 includine tax and trade-in.
ISSUE: Should the City Council accept a bid for the Solid Waste Refuse Collection Truck?
BACKGROUND / ANALYSIS: In 1997 the City Council considered the replacement of the oldest
refuse packer truck but delayed the decision until 1998. The refuse packer being replaced is a 1984
International truck with Heil-Rapid Rail Automated Side Loader Body [#1904], which was
purchased for $90,750. This truck has been used as the backup truck since 1993 when it was rotated
from an everyday-use truck. It has 140,917 miles of use and is currently out of service due to
equipment failure. Staff has chosen not to repair the unit as repair costs would not be retrieved upon
trade- in.
The Solid Waste Collection fleet is composed ofthree everyday-use trucks and one back-up truck.
Upon receipt of the new truck the current back-up truck, #1904, would be traded-in and the next
oldest vehicle in the fleet, #1905-1989 Peterbilt with Heil-Rapid Rail Automated Side Loader, will
be place in the back-up position. The vehicle descriptions and mileage are shown below:
:Irud:
Mileage
I.lsage
#1904-1984 International wi Heil-Rapid Rail Automated Side Loader
#1905-1989 Peterbi1t wi Heil-Rapid Rail Automated Side Loader
#1907 1992 Peterbilt wi Heil-Rapid Rail Automated Side Loader
#1911-1993 Peterbilt wi Heil-Rapid Rail Automated Side Loader
New Truck
140,917
87,385
77,013
45,465
min.
Current back-up, now parked
Everyday use, next back-up
Everyday use
Everyday use
Everyday use upon delivery
04
September 15, 1998
Bid Award for Solid Waste Refuse Collection Truck
Page 2
The City Council budgeted $156,000 for replacement in 1998 and on July 8th authorized a call for
bids for a new Solid Waste Refuse Collection Truck. Bids were opened on August 25, 1998 and
analyzed by the Equipment Services and Solid Waste Divisions. Western Peterbilt, Inc. submitted
the only bid. The bid included a 1999 Peterbilt truck and proposed two different body styles.
. Alternate 1 is for a New Way Automated Side Loader Body for a total cost of
$155,637.47 including tax, and a $1,200.00 trade-in credit.
. Alternate 2 is for a Heil- Rapid Rail Automated Side Loader Body for a total cost
of$163,494.30 including tax, and a $2,000.00 trade-in credit.
The New Way body does not meet the minimum equipment specifications, because it uses air over
hydraulic controls. The bid for the Heil-Rapid Rail body meets all of the specifications and is the
same body type that is on all three collection vehicles in the City's fleet.
Staff has discussed the following items with the vendor that will result in a reduced cost of the
vehicle:
. Delete chassis lube system for a reduction of$3,862.00.
. Delete body stripes for reduction of$1,195.00.
. Delete Sony camera for reduction of $1,940.00. (Camera will be installed by
Equipment Services).
. Sales tax on the above items reduced by $562.55.
. $300.00 increase for an extended warranty of 5 years or 200,000 miles.
The total adjusted cost of the vehicle with the Heil-Rapid Rail Automated Side Loader Body as
revised above is $156,234.75, including tax and trade-in. The estimated delivery time for the new
truck is approximately six months.
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WAS H I N G TON,
U. S. A.
CITY COUNCIL MEMO
September 15, 1998
MA YOR BRAUN AND CITY COUNCIL
Jack Pittis, Director of Public Works and Utilities
Payment to W oodhaven Lane Homeowner's Association for LID 215 Pavement
Restoration.
SUMMARY: During LID (Local Improvement District) 215 sewer construction, asphalt pavement
was removed and/or damaged on a private street named Woodhaven Lane. Conditions of the
easement for construction required that damaged improvements be replaced in a condition equal to
that prior to construction. In lieu of this restoration, the Homeowners Association has agreed to
accept payment for the estimated cost ofthe restoration and be responsible for the completion of the
roadway repairs when private home construction activities in the area are completed.
RECOMMENDATION: City Council approve by motion the payment of $15,000 plus sales tax
($16,185.00 total) to the Woodhaven Lane Homeowner's Association for pavement restoration.
ISSUE: Should Council authorize payment to Woodhaven Lane Homeowners Association for
pavement repairs associated with LID 215 construction?
BACKGROUND / ANALYSIS: During construction of the sewer for LID 215, it was necessary to
operate heavy equipment on and remove pavement along Woodhaven Lane, which is a private
street. The easement for the construction contained language that any improvements damaged during
construction "--- will be replaced in as good a condition as they were immediately before the
property was entered upon by the City of Port Angeles." A representative of the Homeowner's
Association agreed that the project would be reviewed following construction to determine if the
restoration was adequate. As a part of the contractor's work, road crossings and damaged areas were
patched. During the inspection review with the Homeowner's Association representative additional
damaged pavement was noted and the patching was not aesthetically pleasing. In addition, only a
portion of the damage could be attributed to the City's sewer project because of the age of the
pavement and the fact that other construction was occurring in the area. Photos prior to construction
were reviewed and the paving subcontractor quoted a price of $30,000 to complete a thin asphalt
overlay over all ofWoodhaven Lane. Following this review, staff discussed a settlement involving
the City paying 50% [$15,000 plus tax] of the overlay costs to the Homeowners Association if they
would be responsible for making the repairs after the private home construction and other planned
street maintenance activities are completed in September. This solution to the restoration of
Woodhaven Lane has been discussed with the City's contractor who has no objections. The City
Attorney will prepare an appropriate release and acceptance of payment for the Homeowner's
Association to sign.
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CALL TO ORDER-
REGULAR MEETING:
ROLL CALL:
WORK SESSION:
Joint Meeting with Lower
Elwha Tribal Council
CITY COUNCIL MEETING
Port Angeles, Washington
September 1, 1998
Mayor BralUl called the regular meeting of the Port Angeles City Council to order at 5:35
p.m.
Members Present:
Mayor Braun, Councilmembers Campbell, Doyle, Hulett
[arrived at 6:50 p.m.], McKeown, Wiggins, and Williams.
Members Absent:
None.
Staff Present:
Manager Ibarra, Attorney Knutson, Clerk Upton, B. Becker,
S. Brodhun, B. Collins, K. Godbey, and 1. Pittis.
Public Present:
C. Owens, 1. Lee, T. Saar, T. Schmid, N. Van Sickle, M.
Pearson, M. Wegmann, D. Schmid, and 1. Bohman.
Joint Meeting with Lower Elwha Tribal Council: The members of the City Council joined
the members of the Lower Elwha Tribal Council for a work session held in the Carver
Conference Room of the Port Angeles Library. Present on behalf of the Lower Elwha
Tribal Council. were Chairman Russell Hepfer, Vice-Chairman Frances Charles,
COlUlcilmember Dennis Sullivan, Secretary-Treasurer Georgianne Charles, Attorney Russ
Busch, and staff representative Carol Brown.
Mayor Braun welcomed everyone to the meeting, noting the importance of establishing a
rapport between the two governing bodies. After introductions of all those present, the
Mayor presented to the members of the Lower Elwha Tribal Council a copy of a letter sent
by the City to Senators Gorton and Murray and Congressman Dicks regarding salmon
funding and Elwha River dam removal.
Russell Hepfer welcomed the opportunity to have this meeting, as he was certain that a
meeting of this type had never been held between the Tribal Council and the City Council.
Mayor Braun agreed and emphasized the future opportunities for the two groups to work
together on common goals. -
An informal exchange of information followed, with discussions held concerning the
makeup and election process of the two governing bodies, the possible involvement of City
and County government in intertribal meetings relating to youth issues, and the possible
involvement of officials in multi-ethnic meetings held at the School District. Also
discussed was the desire of the Tribal Council to have the Lower Elwha Tribe included in
publications relating to tourism opportunities on the North Olympic Peninsula. It was
suggested that Erl Hansen, Chamber of Commerce, and Rick Hert, North Olympic
Peninsula Visitor & Convention Bureau, be contacted by the Tribal Council for inclusion
in brochures, pamphlets, and the like. It was noted that the City Council may be of
assistance in providing an entre' with the two agencies.
Further discussion followed with regard to Tribal efforts toward creating a walking trail for
the public, possible interest on the part of the public to tour the Tribe's fish hatchery, social
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CITY COUNCIL MEETING
September 1, 1998
Joint Meeting with Lower
Elwha Tribal COlmcil
(Cont'd)
PLEDGE OF
ALLEGIANCE:
CEREMONIAL
MATTERS
PROCLAMATIONS:
LATE ITEMS TO BE
PLACED ON TIllS OR
FUTURE AGENDAS:
services offered by the Tribe, law enforcement programs presently being enhanced by the
Tribe, and current housing programs on Tribal property.
In conclusion, Mayor Braun assured the members of the Tribal Council that the City is
desirous of continuing this type of dialogue. To that end, Councilman Campbell queried
as to the City Council's intent to meet with the Tribal Council on a quarterly basis. The
members of the City Council and the Tribal Council agreed to participate in those meetings
as suggested.
The work session was concluded at 6:20 p.m., at which time the City Council members
departed for City Hall to continue with the remainder of the Council agenda.
The Pledge of Allegiance to the Flag was led by Mayor Braun.
Recognizing "Good Neighbor Day": Mr. Todd Holm, who was to make a presentation
this evening regarding '~Good Neighbor Day", was unable to attend.
Chuck Owens, Joyce, Washington, reminded the Council that he had asked for a discussion
of the Makah whaling issue at this particular Council meeting and was told by Councilman
Campbell that this was not within the Council's purview. Mr. Owens felt the matter was,
in fact, within Council's purview. He distributed documentation from the National Marine
Fisheries regarding the number of strikes allowed in a whale hunt while, at the same time,
he placed a box of 41 miniature plastic whales on the dais to make a point as to how many
whales could conceivably be injured during a hunt. Mr. Owens felt the City's work crew
would be hauling whale carcasses off the beach. Mr. Owens again asked the Council to
place this issue on its next agenda and denounce the action of the Makah people.
Councilmember McKeown stated she was opposed to one municipality remarking against
another jurisdibtion. This issue is between the Makah's and the Federal Government; as
a Council member she could not support sending a letter of objection.
Mr. Owens stressed that the whale hunt would impact the citizens of Port Angeles;
therefore, the City Council should take a stand. Mayor Braun thanked Mr. Owens for his
time'!
Dorothy Duncan, 921 S. Washington Street, Chair of the Taxpayers for the Clallam Crisis
Center, addressed the Council on the need for a crisis center in Port Angeles. Ms. Duncan
distributed a description of the crisis center, noting the need for the distribution of more
information on this issue to the public. Ms. Duncan felt this proposition was very
important to the County and its citizens.
Discussion followed, and Councilman Wiggins asked if the center would be used basically
for detoxification or if it would really be used as a mental health crisis center. Ms. Duncan
stated it was not intended to be a treatment facility, but to stabilize people during the first
72-hours of the crisis whether it be for a drinking or mental health problem. Councilman
Campbell commended Ms. Duncan and her associates for the work and leadership they
have provided in educating the community regarding the need for this facility. Ms. Duncan
responded to questions directed by the Council.
PUBLIC HEARINGS - None.
QUASI-JUDICIAL:
PUBLIC HEARINGS -
OTHER:
A.
Municipal Code Amendment - MCA 98-04 - City of Port Angeles, City-wide:
proposal to amend the City's Municipal Code with respect to the installation of
aboveground flammable liquid storage tanks
09"
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Municipal Code
Amendment
Ordinance No. 2999
FINANCE:
Downtown Watermain and
Sidewalk Project
CONSENT AGENDA:
COMMITTEE
REPORTS:
Street Vacations
Clallam Transit
Public Health
CITY COUNCIL MEETING
September 1, 1998
Mayor Braun reviewed the information provided by the Planning Department and asked
Director Collins for additional input Director Collins pointed out several corrections that
had been made to the original ordinance document, all of which did not substantively
impact the intent
Mayor Braun opened the public hearing at 7:13 p.m. There was no public testimony;
therefore, Mayor Braun closed the public hearing at 7: 13 p.m. and read the Ordinance by
title, entitled
ORDINANCE NO. 2999
AN ORDINANCE of the City of Port Angeles amending Fire Code
and Zoning Code regulations for aboveground storage of
flammable liquids amending Chapters 14.21,17.08, and
17.34 of the Port Angeles Municipal Code.
Councilman Wiggins moved to adopt the Ordinance as read by title, citing the
changes noted and Findings 1 - 8 and Conclusions A - E as set forth in Exhibit "A",
which is attached to and becomes a part of these minutes. Councilmember
McKeown seconded the motion. Discussion followed, and Councilman Doyle asked
about the intent of the Ordinance to which Director Collins responded. A vote was taken
on the motion, which carried unanimously.
A.
Acceptance of Downtown Watennain and Sidewalk Replacement Project
Mayor Braun reviewed the information provided by the Public Works Department and
asked Director Pittis for further input. Director Pittis reviewed the cost overrun summary
and explained how and why cost overruns occur. He stated that, while it was regrettable
to have ovemms, the City has a completed project of which it can be proud. Director Pittis
then responded to questions directed by the Council. Discussion followed regarding other
downtown projects, such as pavers on Front Street, and how these projects would be
funded. Maii~ger Ibarra explamed that, as part of the 1999 budget process, the Capital
Facilities Plan would be revisited.
Following further discussion and commendations from Councilman Campbell regarding
the success ofthis project, Councilmember McKeown moved.to accept the project,
authorize fmal payment to Strider Construction, Inc. in the amount of $170,246.90
and release retain age in the amount of $121,789.50 upon receipt of clearances from
the Departments of Revenue and Labor & Industries and the satisfaction of any
claims received by the City resulting from execution of the contract. Councilman
CampbeU seconded the motion, which ca'rried unanimously.
Councilmembers McKeown and Wiggins stated they would abstain from voting on the
minutes due to their absence from that meeting. Councilman Hulett moved to accept
the Consent Agenda including: A) Approval of Minutes of August 18, 1998, Regular
Meeting; B) Out of State Travel- Public Works & Utilities; C) Payroll - August 23, 1998 -
$371,373.41; D) CheckList - August 26,1998 - $339,556.26. Councilman CampbeU
seconded the motion, which carried unanimously.
I
Councilman Doyle had no report; however, he pointed out that each Council member had
received a fmal copy of procedures for street vacations.
Councilman Williams stated he attended a very informative State Conference in Tacoma
in which the Clallam Transit had participated.
Councilman Wiggins stated the Public Health area has been active, and he is involved in
discussions regarding teenage pregnancies. A report will be presented to the Public Health
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CITY COUNCIL MEETING
September 1, 1998
COMMITTEE
REPORTS: (Cont'd)
Opportunity Fund
Port Angeles Works!
K-Mart Closing
Gambling Tax
Post - 2001 Power
Purchases from BP A
Resolution No. 20-98
Denial of Rite Aid Rezone
and Street Vacation
Committee on September 8, 1998. Councilman Wiggins has also been involved in the
Opportunity Fund, along with Manager Ibarra. The cities involved will make a
presentatIon to the County Comssioners.
Councilman Campbell reported the Port Angeles Works! Committee held a meeting
regarding the highest and best use study for the Rayonier site. The consultants have
researched all types of businesses appropriate to this site and have considered the economic
feasibilities. Copies of this information will be forwarded to the City. Rayonier has been
very cooperative in this endeavor.
Mayor Braun referred to the letter Council received from K-Mart stating its store would
close on October 28, 1998. Also, Council had received a letter from Dave DeLaney,
President of the Port Angeles Pub, Tavern, and Lounge Association, regarding gambling
tax. Mayor Braun stated he would pass this letter on to the City Manager. A committee
of council members has been working on the gambling tax issue.
Ordinances Not Requiring Public Hearings: None.
Resolutions Not Requiring Public Hearings:
Authority for Post-2001 Power Purchases from BPA
Mayor Braun reviewed the information provided by the Public Works Department, and
Director Pittis provided additional input. Discussion followed, and Director Pittis noted
that the City must try to preserve its priority right to federal power from Bonneville once
the current contract expires in 200 1. The resolution and letter of transmittal would be sent
to BP A, if approved by Council, at an appropriate time during discussions with BP A on
public power preferences.
Councilman Campbell felt the City's priority right could only be removed by Congress, and
he asked if th~ftS ~aS legislation proposed toward this end. Director Pittis responded in the
negative; however, the Western Public Agencies Group (WPAG) is concerned that
Bonneville is developing strategy whereby it can sell preferred power at a different rate that
would be much higher.
Mayor Braun read the Resolution by title, entitled.
RESOLUTION NO. 20-98
A RESOLUTION of the City of Port Angeles directing
the City Manager to initiate with the Bonneville Power
Administration the process of entering into a long term
power supply contract.
Councilman Doyle moved to pass the Resolution as read by title. Councilman
Campbell seconded the motion. Following brief discussion, a vote was taken'on the
motion, which carried unanimously.
Other Considerations
A.
Findings & Conclusions for Denial of Rite Aid Rezone and Street Vacation
Mayor Braun and Councilman Williams stepped down from this issue due to appearance
offairness. Therefore, Deputy Mayor Doyle accepted chairmanship of this portion of the
meeting. He reviewed the information provided by the Planning Department.
11
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Denial of Rite Aid Rezone
and Street Vacation
(Cont'd)
Break
Doug Wood Easement to
City for Trail Purposes
Housing Rehabilitation
Program Phase IV
\ CITY COUNCIL MEETING
September 1, 1998
Councilmember McKeown moved to deny Northwest Permit Applications REZ 98-
03, citing Findings 1 - 20 an~Conclusions A - E, as set forth in Exhibit "B" which
is attached to and becomes Ii part of these minutes. Councilman Hulett seconded
the motion. Discussion followed regarding Conclusion C, and Councilman Wiggins
suggested the wording be changed to "stUTOtl:1'lding adiacent residential zoning and land
uses". Deputy Mayor Doyle also felt Conclusion D should be changed to read, "...rezone
wiH would likely result in an increase in commercial activity...". Councilmember
McKeown, as maker of the motion, and Councilman Hulett as seconder agreed to the
amendment. A vote was taken on the motion, which carried by a majority vote, with
Mayor Braun and Councilman Williams abstaining.
Councilman Hulett moved to deny ~orthwest Permit Application STV 98-01, citing
Findings 1 - 11 and Conclusions A - D, as set forth in Exhibit "C" which is attached
to and becomes a part of these minutes. Councilman Wiggins seconded the motion,
which carried by a majority vote, with Mayor Braun and Councilman Williams
abstaining.
The meeting was recessed for a break at 8:03 p.m. The meeting reconvened at 8: 15 p.m.
B.
Doug Wood Easement to City for Trail Purposes
Mayor Braun reviewed the infonnation provided by the Parks and Recreation Department.
Director Brodhun indicated it was not necessary for the Mayor to sign the easement, rather
Council could vote to accept the easement. Director Brodhun noted that Jeff Bohman,
Acting Chair of the Peninsula Trails Coalition, was present in the audience and would like
to say a few words.
Jeff Bohman, 3753 Canyon Circle, Vice Chair of the Peninsula Trails Coalition, expressed
appreciation and admiration for the work staff and Council have done in regards to the trail.
Mr. Bohman stated that the easement given by Mr. & Mrs. Wood provides more than the
area necessary to build the ramp structure for access to the eastern side of the trestle. It
also affords aifditi6iialland between Strait View Drive and Morse Creek which will allow
for a small park. At Mayor Braun's request, Mr. Bohman explained that Jefferson County
has recently opened its first section of the Trail. It is five miles, running west from Port
Townsend and is referred to as the Lany Scott Memorial Park. Mr. Bohman then described
the route of this trail and the future plans for that trail.
Discussion followed, and Director Brodhun responded to questions and provided
clarification. Councilman Doyle moved to accept the easement from Douglas Band
Ann K. Wood. Councilman Williams seconded the motion, which carried
unanimously. Councilman Wiggins felt a letter of thanks should be sent to Mr. & Mrs.
Wood.
C.
Agreement with Clal/am-Jefferson Community Action Council for SelVices for
Housing Rehabilitation Program Phase IV
Mayor Braun reviewed the infonnation provided by the Public Works Department, and
Director Pittis stated Community Action has administered this program during the first
three phases and has done an excellent job. He stated representatives from Community
Action were present should the Council have any questions.
Martin Rowe of Community Action, 106 N. Lincoln Street, responded to questions and
thanked the Council and stafffortheir support which enabled this program to be a success.
Approximately 80% of the people who received loans and assistance are disabled or
elderly.
Councilman Campbell moved to approve the contract with Clallam-Jefferson
Community Action Council for services to implement Phase IV of the Port Angeles
(~ - 5 -
12
CITY COUNCIL MEETING
September 1, 1998
Housing Rehabilitation
Program Phase IV (Cont'd)
FERC License
(',
ADJOURN TO
EXECUTIVE SESSION:
RETURN TO OPEN
SESSION:
Housing Rehabilitation Program. Councilmember McKeown seconded the motion,
which carried unanimously.
D.
Surrender of FERC License for Morse Creek
Mayor Braun reviewed the information provided by the Public Works Department and
stated Director Pittis was prepared to give a presentation on this issue. Using a map,
Director Pittis demonstrated the location of the pipeline installed for the Morse Creek water
project. Due to the age of the pipeline and the contours of the land, there were problems
with this pipeline. There is a leak in the pipeline, and FERC has ordered the City to repair
it by September 20th at an estimated cost of $25,000. Staff is concerned with the integrity
of the pipeline, as there can be leaks in the pipeline in the future.
Director Pittis indicated there are many considerations regarding the surrender of the
license. The annual operating costs are $13,000 more than the revenues from this project;
if the City gives up its FERC license, it will never get it back. Should the City decide to
keep the license, there is a commitment to FERC to make the necessary repairs. Staff
estimates it would cost $1.3 million to line the pipeline with high density, polyethylene pipe
which would reduce the likelihood that it would not break in the foreseeable future.
Director Pittis then explained the process for surrendering the license. Discussion
followed, and Director Pittis responded to questions and provided further clarification.
Councilmember McKeown and Councilman Wiggins expressed concern with the
possibility of surrendering the license only to learn that it may be needed again in the fu~e.
Director Pittis reminded the Council that during the license surrender process, if it is
discovered that the mitigation costs are too steep, there is an opportunity to proceed with
pipeline repairs and retainage of the license. After further discussion, Manager Ibarra
suggested that staff request written confirmation from FERC as to the mitigating costs of
surrendering the license and whether the license could, in fact, be retained should the City
decide that to be the appropriate action. This issue could then be readdressed at the next
Council meeting.
Discussion continued, and Director Pittis responded to further questions regarding the
City's retention of its water rights. Attorney Knutson explained that Tom Pors, the City's
water rights attorney, has advised staff on the Morse Creek water rights issue relating to
surrendering the FERC license. The Department of Ecology will be asked to modify the
water right, which would allow usage of the water for domestic purposes as a back-up
water supply source. However, the water would need to be treated, which is why the City
does not use it as a water source now.
Councilman Williams expressed concern over giving up resources such as power
generation and water. He felt if surrendering the license could not be reversed, he would
vote against it. Councilman Campbell felt this should be separated into two issues, the
water and the power.' He admitted to being biased against hydro projects of this size, as
they are uneconomical. He felt the City should focus on retaining its water rights and
opposing unreasonable measures imposed by federal agencies.
It was the general consensus of the Council that staff should attempt to get a written answer
from FERC and discuss this issue again at the next regular meeting.
The meeting adjourned to Executive Session at 9:20 p.m. to discuss litigation and potential
litigation for 15-20 minutes.
The meeting returned to Open Session at 9:40 p.m.
13
-6-
INFORMATION:
A WC Regional Meeting
EDC 2020 Meeting
Opportunity Fund
Oak Street Property
Consent Agenda Changes
Utility Advisory Committee
Presentation to City Clerk
Reception for City Manager
Visit from Mayor ofMutsu
City
ADJOURNMENT:
CITY COUNCIL MEETING
September 1, 1998
City Manager's Report
Manager Ibarra noted the AssocIation of Washington Cities Regional Meeting will be held
Thursday, October 1, 1998, at 6 :00 p.m. in Bremerton. All Council members are invited.
The Economic Development COllllCil (EDC) is holding its next 2020 meeting on Thursday,
September 17, 1998, from 2:00 p.m. to 4:00 p.m. at the Transit facility. Manager Ibarra
encouraged the COWlcil to attend. .. The EDC' s funding for next year will be discussed, and
structure and services received from the EDC will be revisited. Manager Ibarra gave an
update on the Opportunity FWld, which will be considered at the EDC Executive Board
meeting on Friday, September 4, 1998, at 9:00 a.m. Council was encouraged to attend.
Report on Oak Street Property
Manager Ibarra reviewed the City's role in the development of the Oak Street property.
It is recommended the City act as lead agency for the development of this property; there
would be no cost to the City except for staff time. Manager Ibarra felt this was a positive
step, and he was pleased to report that interest in the property has already been expressed
by one party. It was the general consensus of the Council that the City should proceed as
the lead agency in marketing and developing the Oak Street property.
Recommended Changes to Consent Agenda
Director Godbey explained the proposed changes to the Consent Agenda which are being
offered in an effort to streamline the information presented to the Council. Those changes
included submitting the check register on a monthly basis and deleting the payroll
information. Discussion followed, and COWlcil agreed to these changes.
Utility Advisory Committee
Manager Ib~ainformed the,CoWlcil that the UAC has rescheduled its meeting from
September 1~, 1998, to Septemoer 21,1998. The Solid Waste User Fee Analysis will be
discussed at that meeting. Following brief discussion, it was agreed to meet at 9:00 a.m.
for that meeting.
Presentation to Clerk Becky Upton
Manager Ibarra presented Clerk Upton with a check for $500 as part of the Employee
Suggestion Program for her efforts in collecting more than $50,000 in back taxes from
AT&T.
COWlcilman Wiggins reminded the COWlcil that the County was sponsoring a reception for
Manager Ibarra on Wednesday, September 2, 1998, noon, at Downriggers.
Mayor BraWl stated that Mayor Sugiyama from Mutsu City will be in Port Angeles for the
day on September 21, 1998. He will be touring some of the City's facilities while here.
Manager Ibarra noted that Peninsula International Relations Association will be sponsoring
a dinner that evening as well; the Council is invited.
The meeting was adjourned at 10:03 p.m.
Becky J. Upton, City Clerk
Gary Braun, Mayor
/
14
- 7 -
\.
t
15
----------
I
HEARING DEVICES ARE A VAILABLE FOR THOSE NEEDING ASSISTANCE.
AGENDA
CITY OF PORT ANGELES
PLANNING COMMISSION
SPECIAL MEETING
321 East Fifth Street
Port Angeles, W A 98362
AUGUST 12, 1998
7:00 p.m.
I. CALL TO ORDER
II. ROLL CALL
III.
(
APPROVAL OF MINUTES: Meeting of July 22 and Special Meeting of
July 28, 1998
IV. PUBLIC HEARINGS:
1. SHORELlNEMANAGEMENT PERMIT - SMA 98-04 - FAIRES,J132
Boathaven Drive, ajJroposaUo reconstr:ucLan existin.9--wareho.us
structurainJb.ell:L, Industrial Heavy zone inJbe~j1y-'s shoreline area
(Continued from July 28, 1998.)
2. MUNICIPAL CODE AMENDMENT - MCA 9.8-04 - CITY OF PORT
ANGELES, City wide' Proposal to amend the City's Municipal Code
with respect to the installation of above ground liquid storage tanks.
V. COMMUNICATIONS FROM THE PUBLIC
VI. STAFF REPORTS
VII. REPORTS OF COMMISSION MEMBERS
VIII. ADJOURNMENT
(
PLANNING COMMISSION: Dean Reed, ( Chair), Mary Craver (Vice), Uob King, Cindy Souders, Linda Nuller, Fred Hewins, Paul Ziakin.
STAFF: Urad Collins, Director, Sue Roberds Planning Specialist, David Sawyer. Senior Planner.
16
MINUTES
PLANNING COMMISSION
Port Angeles, Washington 98362
August 12, 1998
7:00 p.m.
ROLL CALL
Members Present:
Linda Nutter, Fredric Hewins, Dean Reed, Mary
Craver, Bob King, Paul Ziakin
Member Excused:
Cindy Souders
Staff Present:
David Sawyer, Sue Roberds, Brad Collins, Dan
McKeen
Public Present:
Chuck Faires, Ken Sweeney
APPROVAL OF MINUTES
Commissioner Hewins moved to approve the July 28,1998, special meeting minutes as
submitted. The motion was seconded by Commissioner Craver, and passed 4-0 with
Commissioners King, Ziakin, and Nutter abstaining.
PUBLIC HEARINGS:
SHORELINE MANAGRMENT PRRMIT - SMA 98-04 - FAIRES,-8..12
B.o.ath.aven Drive, a proposal to reconstruct an existing warehouse structur.e
inJhelH,lndustrial Heavy zone in the City's shoreline area..
(Continued from July 28, 1998.)
Senior Planner David Sawyer reviewed the Planning Department's report recommending
approval of the pennit as proposed with seven conditions. Chair Reed opened the public
hearing.
Chuck Faires, 320 West Nillth Street, stated that the warehouse structure has been in place
for many years on the site. He would like to rebuild the structure in its present location as
it is in serious disrepair. There will be no additional floor area. It would enhance the marina
and boat yard as there is not a bonafide marine repair area on the site. The clientele is
evolving from a commercial marina to a pleasure boat marina.
In response to Commissioner Craver, Mr. Faires stated that the building was used for fish
processing by Hegg and Hegg since the early 1950's but is currently vacant.
In response to Commissioner Hewins, Mr. Faires answered that he is not intending to do any
upgrade to the dock, as it is owned by Hegg and Hegg.
17
Planning Commission Minutes
August /2. /998
Page 2
Ken Sweeney, Planning and Environmental Manager for the Port of Port Angeles, 338
West First Street, was authorized by the Port to support the application. The building is in
serious disrepair and the appearance of the marina will be improved by the new structure.
There is not much extra space around the boat yard so any effort to provide a work space for
people who might be working on vessels would be the best use ofthe property. The building
belongs to Mr. Faires and the ground on which it sits is leased from the Port. Mr. Faires will
be doing the work, not the Port.
Chair Reed closed the public hearing.
Commissioner King moved to approve the shoreline permit as proposed with seven
conditions, citing the following findings and conclusions:
1. The proposed project shall be developed in substantial compliance with the project
description and illustrations included in Attachment A for the staff report dated
August 12, 1998 for SMA 98-04 and as conditioned in this approval.
2. The project shall not reduce the existing public access to the marina and general
harbor area.
3. The project shall comply with the Public Works Department's requirements for
stormwater treatment and control to insure there will be no short term or long term
impact on the quality of water in the marina and general harbor area.
4. The project shall comply with the regulations of the City's Shoreline Master Program
specifically those of Chapters 4, 5 and 6. .
5. The proposed project shall meet all requirements of the Port Angeles Municipal Code
including fire, building, and electrical code requirements.
6. The applicant shall obtain all other required permits of the State and/or other
agencies with jurisdiction regarding the proposed project.
7. Unless otherwise agreed to by the Lower Elwha Klallam Tribe, if the subject site has
not be previously inventoried, evaluated, and reviewed to the satisfaction of the
Lower Elwha Klallam Tribe, the subject site shall be evaluated by a cultural review
team which shall include a professional archaeologist, a representative of the Lower
Elwha Klallam Tribe, the site owner, and the City Planning Department. This team
shall determine the extent of excavation monitoring for the project during the permit
review process. As an alternative, the applicant may volunteer to have an approved
archaeologist on site during any excavation in lieu of a review by the aforementioned
cultural team. If during an excavation that by decision of the cultural review team
occurs without an approved archaeologist on-site, any phenomena of possible
archaeological interest are uncovered, the developer shall stop such work and provide
for a site inspection and evaluation by a professional archaeologist to ensure that all
possible valuable archaeological data is properly salvaged.
18
Planning Commission Minutes
August 12,1998
Page 3
Eindings.:
Based on the information provided in the staff report dated August 12, 1998 for SMA 98-04
(including all of its attachments), comments and information presented during the public
hearing, and the Planning Commission's discussion and deliberation, the City of Port
Angeles Planning Commission hereby finds that:
1. The applicant, Charles W. Faires applied for a Shoreline Substantial Development
Permit on June 9, 1998 and the application was determined complete on June 9,
1998.
2. A Mitigated Determination of Non-Significance was issued by the City of Port
Angeles SEP A Responsible Official for the proposal on July 16, 1998.
3. The application and hearing process was advertised in accordance with the legal
requirements ofthe City of Port Angeles and the State of Washington.
4. The Port Angeles Shoreline Master Program, Comprehensive Plan, and Zoning
Ordinance have been reviewed with respect to this application.
5. The site is designated Industrial in the City's Comprehensive Plan, Industrial, Heavy
in the City's Zoning Ordinance, and Urban-Harbor in the City's Shoreline Master
Program.
6. A boat repair business is a permitted use in the IH zone per P AMC Section
17.34.020-N.
7. A boat repair business is considered a water-dependent industrial use and is a
permitted use in the Shoreline Master Program's Urban-Harbor designation. The
proposal is a redevelopment of an existing facility.
8. The approval is for the construction of a new 30' by 50' industrial building to be used
for a private boat repair business.
9. The site is located on the north side of Marine Drive and is located directly adjacent
to the east end ofthe Boat Haven Marina. The vicinity is developed with a number
of industrial and recreational oriented facilities.
10. The Waterfront Trail is located along Marine Drive to the south of this location.
Conclusions:
Based on the information provided in the staff report dated August 12, 1998 for SMA 98-04
including all of its attachments, comments and information presented during the public
hearing, the Planning Commission's discussion and deliberation, and the above listed
findings, the City of Port Angeles Planning Commission hereby concludes that:
19
~
Planning Commission Minutes
August 12. 1998
Page 4
A. The following adopted City policies are most relevant to the proposed project,
Comprehensive Plan Land Use Element Policies A-2 and H4, Conservation Element
Policies B-1 and D- 7, the City's Industrial, Heavy zone, and the City's Shoreline
Master Program Chapter 4, Policies D-l, J-2, K-l, 2, and 4, and N-l and 2, Chapter
5, Policies D-l, 3 and 9, and all associated regulations.
B. As conditioned, the proposed project is consistent with the City's Comprehensive
Plan, specifically, Land Use Element Policies A-2 and H4, Conservation Element
Policies B-1 and D-7, the City's Industrial, Heavy zone, and the City's Shoreline
Master Program Chapter 4, Policies D-l, J-2, K-l, 2, and 4, and N-l and 2, Chapter
5, Policies D-l, 3 and 9, and all associated regulations.
C. As conditioned, the project will not be detrimental to the shoreline.
D. As proposed, the project will not interfere with public access to the shoreline.
E. As conditioned, the proposed project will not interfere with public use of lands or
waters subject to the public trust doctrine.
The motion was seconded by Commissioner Craver and passed 6 - O.
(
MUNICIP AL CODE AMENDMENT - MCA 98-04 - CITY OF PORT
ANGELES, City wide: Proposal to amend the City's Municipal Code with
respect to the installation of above ground liquid storage tanks.
Senior Planner David Sawyer reviewed the Planning Department's staff report. He clarified
that the anlendment is proposed to reflect changes in zone classifications and to better
implement the Zoning Code's intent as to the placement of flammable/combustible storage
tanks. The proposed wording will allow the Code to remain current even if zoning
classifications change in the future. Chair Reed opened the public hearing.
Commissioner Hewins questioned whether the changes would prevent storage of heating oil
tanks and residential propane tanks. Planner Sawyer did not believe the amendments as
proposed are intended or will result in the prohibition of permitted residential flammable
storage tanks. The intent is not to change or prohibit anything that is currently permitted.
Ken Sweeney, Planning and Environmental Manager for tlte Port of Port Angeles,
338 West First Street, supported the Code change. He explained that the Port had asked the
City to look at its outdated restrictions in association with a road realignment project
realigning Lauridsen Boulevard and Edgewood Drive will go through the existing fuel
storage tanks at the Airport. It was determined that above ground storage would be
advantageous in replacing the underground tanks and above ground tanks are easier to
monitor, are cheaper, and the tanks have a certain amount of portability in the event it is
necessary to move the location ofthe tanks. In reviewing the City's Code, it was detelmined
that the current wording would not allow above ground dispensing tanks at the airport.
~.o
.,.
Planning Commission Minutes
August 12, 1998
Page 5
Planner Sawyer explained that the amendment will not restrict home heating fuel tanks as
they are not regulated tanks. The amendment that is being proposed is for regulated tank
placement only. A regulated tank contains more than 1100 gallons of fuel. He suggested
that possibly rewording of the amendment to remove reference to capacity of the tanks might
be helpful in the Commission's discussion. New storage tank yards will not be permitted
outside of the Industrial Heavy zone east of Cedar Street.
Chair Reed closed the public hearing. The Commission began discussion of alternative
wording for the amendment.
Planner Sawyer noted that this amendment is in the Fire Code, not the Zoning Code. The
Fire Department has reviewed the amendment, it is their application, they have approved it.
He recommended the Planning Commission not recommend changes beyond what the [Fire
Department] requested and contained in staff s report. The intent is not to change anything,
but to clarify the current interpretation of the Code and its implementation.
The Commission called for a ten minute break. The meeting reconvened with Dan McKeen,
Fire Marshall, joining the meeting.
(
Dan McKeen, Fire Marshall, explained the background of the proposal as previously
explained by Ken Sweeney. Residential storage tanks are not regulated by the Fire Code.
Commercial tanks are regulated. The current language prohibits the above ground storage
of flammable/combustible liquid storage tanks in all zones other than in a commercial
capacity. The amendment is an attempt to clear up the confusion created by the current
wording and the City's new zoning designations.
He read from Section 7902.2.2.1 ofthe Fire Code, which provides language that establishes
limits through the Fire Code insofar as the areas in which the above ground tanks outside of
a building are limited in an attempt to respond to Commissioner's questions regarding tank
capacities. He stated that neither the amendment nor the Fire Code address limits but refer
to areas where certain storage uses can occur. He then responded at length to questions
regarding capacities of fuel tanks and their placement and assured the Commissioners that
the amendment will not limit those permitted uses which already occur, residentially or
commercially, but will provide wording that deals with current language found in the Zoning
Code and allow for placement of above ground tanks per the Port of Port Angeles' proposal
for the airport site.
Director Collins suggested drafting a finding to express the Commission's understanding that
the Fire Code regulates only commercial storage dispensing and distributing facilities in an
attempt to alleviate the Commission's concerns.
I
\
Commissioner Nutter moved to recommend that the City Council approve the
amendment as proposed to Section 14 of the Port Angeles Municipal Code with the
following findings including an additional finding (No.8) to address the previous
discussion and understanding, and citing the following conclusions:
2.1
Planning Commission Minutes
Augustll.1998
Page 6
Eindings.:
1. The City's Comprehensive Plan Land Use Policy H5 states:
"Because they are hazardous to the community and detrimental to the
general environment of the area petroleum refineries, liquefied
natural gas and liquefied petroleum gas facilities, energy facilities.
energy plants and their associated facilities and associated
transmissionfacilities, as defined in Chapter 80.50 RCW, should not
be permitted outside the heavy industrial use area and without
conditional use review. "
j
11'
f
l'
i
~;
2. A Determination of Non-Significance for the proposed anlendment was signed by the
City's SEPA Responsible Official on August 7, 1998 (attached as Attachment A)
3. Chapter 14.21.030, Sub-Section A of the City of Port Angeles Fire Code addresses
above ground storage of fuels for direct use "dispensing" purposes and Sub-Section
B deals with above ground bulk storage of fuel for "distribution" purposes.
4.
The current wording of Chapter 14.21.030, Sub-Section A, prohibits above ground
storage of fuels for direct use "dispensing" purposes (regardless of capacity) in all
residential zones, certain commercial zones, the PBP and IL zones and the IH zone
south of the airport. It does allow above ground storage of fuel for "dispensing"
purposes if the total maximum capacity is less than 24,000 gallons in the CA and
CBD zones.
(
5. The current wording of Chapter 14.21.030, Sub-Section B, prohibits above ground
bulk storage of fuel for "distribution" purposes in all zones except the IH zone west
of Cedar Street.
6. The proposed amendment will prohibit all new above ground commercial fuel tanks
in residential zones. It will permit above ground "dispensing" fuel tanks with a
capacity of less than 24,000 gallons in all non-residential zones and will
conditionally permit fuel yards and gas manufacturing and storage in the IH zone
only if the site is located west of Cedar Street.
7. The acronyms ACD, CSDl, CSD2 and M-2 are no longer valid references to current
City zoning classifications.
8. Section 7902.2.2.1 of the Unifollll Fire Code reads "Locations where above ground
tanks are prohibited. Storage of Class I and II liquids in above ground tanks outside
of buildings is prohibited within the limits established by law as the limits of districts
in which such storage is prohibited."
(
.....
Conclusions;
A. It is not the intent of Chapter 14.21.030 Sub-Section A to prohibit dispensing tanks
in all zones that permit residential units.
22
Planning Commission Minutes
August 12, 1998
Page 7
B. The intent of Chapter 14.21.030, Sub-Section B is to allow bulk storage facilities in
the areas of town where they currently exist but not to permit new facilities in other
areas.
C. The proposed amendment is consistent with Comprehensive Plan Land Use Policy
H5.
D. The proposed amendment does not change the intent of the current Municipal Code.
E. The proposed amendment is in the public use and interest.
The motion was seconded by Commissioner King and passed 5 - 1 with Commissioner
Hewins voting in the negative.
Mr. Hewins stated that his objection is because of the capacity question.
Chair Reed noted that this item would be considered by the City Council at a public hearing
to be conducted on September 1, 1998.
COMMUNICATIONS FROM THE PUBLIC
(
None.
STAFF REPORTS
None
REPORTS OF COMMISSION MEMBERS
None
ADJOURNMENT
The meeting adjourned at 8:25 p.m.
~~
B ad Collins, Secretary
I
\
PREPARED BY: S. Roberds
2..0, .
'"43
98/09/09-14:26 City of Port Angeles September 09 1998 Page 1
CHECK REGISTER
Date From 08/29/98 To 09/11/98
Fnd Opt Check Vendor Vendor Description GL Code Amount
Number Name Number Number
001 47169 Day-Timers Inc. 04040 Compact 2PPW filler 1 2370000 1.64-
47176 Evidence Collection & 05171 Magrule combo pack 1 2370000 1.50-
47188 10 Recall Systems 09115 Barcoding for Library 1 2370000 1,642.40-
47191 Int'l City/County Mgmt. Assn 09044 Council agenda reports manual 1 2370000 1.58-
47203 Lindberg Architects Inc. 12045 Fonts 1 2370000 .63-
47217 Northern Hydraulics Inc. 14153 Water pump 1 2370000 17.15-
47232 Quill Corporation 17000 Business card holder 1 2370000 4.03-
Envelopes,dots,punch,binder 1 2370000 4.39-
47236 Rotary Corporation 18017 Tachometer,tester,filters 1 2370000 25.71-
47239 Scanner World USA 19381 Scanner 1 2370000 27.65-
47286 Insight Direct Inc. 09085 Lexmark color printer 1 2370000 34.84-
47311 Salsbury Industries 19533 Pedestal drop box,pedestal 1 2370000 39.20-
47316 Tomahawk Live Trap Company 20100 Raccoon trap 1 2370000 21.81-
47320 Washington (DOL), State of 04137 Concealed weaponss-August 1998 1 2296000 90.00
Total for Department 1,732.53-
0001 47142 AT&T Business Service 01085 8-13 billing 111 4210 47.53
47145 Advanced Travel 01090 Ibarra to Ocean Shores 08-19 111 4310 172.98
47146 AirTouch Cellular Bellevue 01105 8-15 billing 111 4210 21.10
47153 Book Publishing Company 02051 RCW 1998 edition 111 4901 228.06
47155 Builders Hardware & supply Co. 02071 Elbow catch,cam locks 111 3101 21.10
47178 Foster Pepper & Sheffelman 06063 Registration for Civil Service 113 4310 185.00
47180 Gateway 2000 07195 Computer w/cord,modem,upgrade 111 6410 1,975.65
47181 Gina's Bakery 07132 Cookies 112 3101 40.00
47191 Int'l City/County Mgmt. Assn 09044 Council agenda reports manual 111 3101 21.58
47219 Olympic Peninsula Business 16010 2 year Subscription 111 4901 22.00
47226 Port Angeles City Treasurer 03062 Petty cash reimbursement 111 3101 3.75
Petty cash reimbursement 111 3101 2.03
47248 US West Communications 21001 8-14 billin~ 111 4210 136.75
8-14 billing 113 4210 91.28
47254 Washington (DIS), State of 23111 8-05 billing 113 4210 28.43
8-05 billing 111 4210 142.66
47255 Washington Audiology svcs Inc. 23274 Hearing tests 113 4131 120.00
47267 Black Graphic Design, Laurel 02044 Printing-documents,note pads 111 4150 914.99
47276 Data Research Inc. 04068 Subscription renewal-Public Em 113 4901 145.00
47280 Flex-Plan Services Inc. 06158 August services 111 4150 117.60
47282 Gateway 2000 07195 Computer for Human Resources 113 6410 1,900.12
47285 Ibarra, Patrick 09113 Reimburse business lunch expen 111 4310 123.40
47287 Jossey-Bass Inc Publishers 10091 SUbscription-Leadership in Act 111 4901 99.00
47302 Price Cost co Credit Card Pmts 03261 Office supplies,cable,batterie 111 3101 9.59
47307 Ragan Communications Inc. 18228 Subscription-Motivational Mgr 111 4901 99.00
subscriptn-Positive Leadership 111 4901 148.00
47317 Volunteer Fire Association 22060 Picnic supplies 111 4155 25.28
Total for Administration 6,841.88
0002 47145 Advanced Travel 01090 Bryant to Tacoma 08-16 230 4310 129.91
47146 AirTouch Cellular Bellevue 01105 8-15 billing (inc July) 240 4210 112.55
47158 Captain T's 03048 Polos,turtleneck,embroidery 201 3101 F4 687.44
47182 Gov't Finance Officers Assn 07003 Membership dues-Godbey 201 4901 145.00
, '
98/09/09-14:26
City of Port Angeles
September 09 1998
CHECK REGISTER
Date From 08/29/98 To 09/11/98
Fnd Dpt Check Vendor Vendor
Number Name Number
47206 Lunsford & Associates Inc 12179
47223 Pitney Bowes Inc. 16018
47226 Port Angeles City Treasurer 03062
47242 Washington (Auditor), State of 19270
47248 US West Communications 21001
47253 WMTA (WA Municipal Treasurer) 23243
47254 Washington (DIS), State of 23111
47257 Xerox corporation 24001
47265 Automated Business Sys. Inc. 01050
47278 Diversified Industries 04052
47305 RIA Group 18247
47311 Salsbury Industries 19533
47326 Xerox corporation 24001
0003
47162 Clallam Jefferson Public Dfndr 03274
47193 Jefferson Co Sheriff's Office 10141
47232 Quill corporation 17000
47248 US West Communications 21001
47254 Washington (DIS), State of 23111
47271 Clallam County District Ct 1 03069
47294 Ortloff Atty. at Law, Kimberly 15146
47319 WSAMA-WA Assn of Muncpl Attnys 23052
47325 West Group
23018
Description
GL Code
Number
Rent storage #A104 for Septemb 201 4530
Service on postage meter 240 4810
Meter rental Oct/Dec 1998 205 4530
Service,gear stop for postage 205 4810
Petty cash reimbursement 205 4810
Petty cash reimbursement 205 4210
Petty cash reimbursement 205 4210
Petty cash reimbursement 205 4210
Audit services July 230 4150
8-14 billing 201 4210
8-14 billing 230 4210
8-14 billing 2404210
Registration-Ziomkowski 230 4310
8-05 billing 201 4210
8-05 billing 2304210
8-05 billing 240 4210
Lease agreement pmt #6 205 4530
Copies of budget/CAFR 230 3101
Copy center svcs August 1998 205 4150
Gov't Acctg/Auditing manual 230 3101
Pedestal drop box,pedestal 240 4990
Base charge, copies August 205 4530
Total for Finance
Public Defender fees for Septe 311 4150
Civil process-Bishop 311 5090
Civil process-Bishop 311 5090
Envelopes,dots,punch,binder 311 3101
8-14 billing 311 4210
8-05 billing 311 4210
Court costs August 1998 311 5090
Legal Services June 1998 311 5090
Legal services July 1998 311 5090
Legal Services August 1998 311 5090
Conf registration-C Knutson 311 4310
Conf registration- D Dickson 311 4310
Legal publications- August 311 3101
Total for Atty
0004 47145 Advanced Travel 01090 Collins to Seattle 07-29 411 4310
47248 US West Communications 21001 8-14 billing 411 4210
47254 Washington (DIS), State of 23111 8-05 billi ng 411 4210
Total for Planning
0005 47143 AT&T Wireless Services 20000 8-22 bill i ng 530 4210
47145 Advanced Travel 01090 Miller-Pierce Co/Tacoma 8-23 530 4980
Peninger to Everett 7-26 530 4310
Baertschiger to Tacoma 8-23 530 4310
Page 2
Amount
115.00
196.38
350.58
222.28
6.00
.50
.32
3.00
459.80
91.28
114.01
273.84
65.00
35.61
48.22
24.27
2,161.09
70.89
1,210.00
143.78
535.35
483.02
7,685.12
2,500.00
8.40
19.70
59.99
159.83
36.92
5,580.47
109.80
359.00
233.25
100.00
100.00
780.58
10,047.94
16.55
91.28
22.62
130.45
53.00
105 .00
565.00
25 303.00
98/09/09-14:26
City of Port Angeles
September 09 1998
CHECK REGISTER
Date From 08/29/98 To 09/11/98
Fnd Dpt Check
Number
Vendor
Name
Vendor
Number
47146 AirTouch Cellular Bellevue 01105
47149 Angeles Communications Inc 01069
47152 Blumenthal Uniforms & Equipmt 02047
47153 Book Publishing Company 02051
47158 Captain T's 03048
47176 Evidence Collection & 05171
47179 GTE/ERS Inc. 07005
47192 Jackson's Signs 10018
47211 National Community Notificatio 14452
47214 National Police Chiefs 14062
47248 US West Communications 21001
47250 United Parcel Service 21005
47254 Washington (DIS), State of 23111
47268 Brodsky's Uniforms 02219
47269 Business Interiors Northwest 02351
47272 Clallam County Humane Society 03072
47273 Clallam County Sheriff's Dept. 03074
47301 Port Angeles Police Department 16105
47316 Tomahawk Live Trap Company 20100
47318 WA Assn of Sheriffs & Police 23003
0006
47143 AT&T Wireless Services 20000
47145 Advanced Travel 01090
47146 AirTouch Cellular Bellevue 01105
47152 Blumenthal Uniforms & Equipmt 02047
Description
GL Code
Number
Coyle to Mercer Island 8-04 530 4310
Coyle to Mercer Island 8-04 530 4310
8-15 billing 530 4210
8-15 billing 5304210
8-15 billing 530 4210
8-15 billing 5304210
8-15 billing 5304210
8-15 billing 530 4210
8-15 billing 530 4210
8-15 billing 530 4210
8-15 billing 530 4210
Hook up detectives extension 530 4210
Shirt,emblem 530 2080
Boots, shoes 530 2080
RCW 1998 edition 530 3101
Embroidery 530 3111
Magrule combo pack 530 3101
Calibrate traffic radar 530 4810
K-9 training area sign 530 4980
Registration Community Notific 534 4310
1998 Directory Law Enforcement 511 3101
8-14 billing 511 4210
8-14 billing 534 4210
8-14 billing 530 4210
Shipping charges 530 4210
Shipping charges 534 4210
8-05 billing 511 4210
8-05 billing 534 4210
8-05 billing 530 4210
Handcuff chain 530 2080
Chair for City Manager 530 4810
August 1998 contributions 530 4150
Inmate care June 1998 512 5099
Petty cash reimbursement 530 4210
Petty cash reimbursement 530 3101
Petty cash reimbursement 530 3101
Petty cash reimbursement 530 4210
Petty cash reimbursement 530 4210
Raccoon trap 530 3101
Electric Monitoring Svc- July 512 5099
Total for Police
8-22 billing
Becker to Everett 08-18
Becker to SeaTac 8-4 & 8-11
Nielsen to Spokane 08-20
8-15 billing
8-15 billing
8-15 billing
Fastener, jacket, emblem
611 4210
645 4310
645 4310
643 4310
611 4210
611 4210
643 4210
643 2080
26
Page 3
Amount
9.50
5.00
32.02
28.05
39.76
9.39
31.05
9.39
71.49
42.52
13.03
57.07
50.25
273.76
228.06
11.87
20.50
330.81
107.90
139.00
89.00
159.83
114.01
22.73
69.95
23.72
40.13
5.92
58.29
34.44
755.27
3,325.00
18,208.64
8.95
25.00
8.62
4.75
3.46
297.83
793.50
26,585.46
24.38
40.00
39.00
289.20
12.36
14.96
30.57
244.73
September 09 1998
Page 4
98/09/09-14:26
City of Port Angeles
CHECK REGISTER
Date From 08/29/98 To 09/11/98
Fnd Opt Check
Number
Vendor
Name
Vendor
Number
47158 Captain T's
03048
47159 Chastain, David 03187
47160 Clallam County EMS/Trauma Care 03068
47167 Curtis & Sons Inc, L. N. 03098
47202 Larry's Janitor Service 12040
47239 Scanner World USA 19381
47248 US West Communications 21001
47254 Washington (DIS), State of 23111
47284 ICBO (Int'l Conference of 09001
47291 Nielsen, Tony 14120
47302 Price Costco Credit Card Pmts 03261
0007 47145 Advanced Travel 01090
47146 AirTouch Cellular Bellevue 01105
47165 Complete Line, The 03087
47169 Day-Timers Inc. 04040
47197 Kenworthy, Gary 11013
47222 Parsinen Landscape Maintenance 16258
47226 Port Angeles City Treasurer 03062
47227 Price-Aire Inc. 16110
47235 Recycled Earth Products 18265
47248 US West Communications 21001
47252 Viking Office Products 22054
47254 Washington (DIS), State of 23111
47274 Complete Line, The 03087
47284 ICBO (Int'l Conference of 09001
47298 Parsinen Landscape Maintenance 16258
Description
GL Code
Number
Amount
Jacket lettering 641 3111
Jerzees,polos,embroidery 644 3111
Reimburse clothing allowance 643 2080
Medic I Advisory for September 643 4150
Piercing applicator,hose 641 3501
Janitorial svcs,towels August 684 4150
Scanner 642 3101
8-14 billing 611 4210
8-14 billing 642 4210
8-14 billing 643 4210
8-14 billing 641 4210
8-05 billing 611 4210
8-05 billing 642 4210
8-05 billing 643 4210
8-05 billing 641 4210
Seminar UFC Overview-Wheeler 645 4310
Tuition reimbursement 645 4310
Office supplies,cable,batterie 611 3101
8.63
614.13
123.94
500.00
756.95
433.50
377.63
114.01
22.73
22.73
68.55
34.08
.56
1.34
1.49
250.00
158.54
130.46
Total for Fire
4,314.47
Smith to Tacoma 8-06 711 4310
Smith to Forks 8-20 711 4310
8-15 billing 711 4210
8-15 billing 711 4210
Transparency, paper 711 3101
Compact 2PPW filler 711 3101
Personal vehicle August 1998 711 4310
Mowing-141 Columbus 711 4150
Mowing-1612 W 8th 711 4150
Mowing-1314 E Caroline Street 711 4150
Petty cash reimbursement 784 3101
Payne air conditioner 784 4810
Soil for lawn 784 3101
8-14 billing 711 4210
Copyho lder, pens, notebooks 711 3101
Notebooks, planner, appt book 711 3101
8-05 billing 711 4210
Double readout plan 711 3101
Curves,protractor,triangle 711 3101
Seminar UBC overview-Titus 711 4310
Nuisance cutting-1125 Hazel St 711 4150
60.00
25.00
11.57
29.69
41.76
22.38
58.50
323.70
202.31
768.79
35.22
2,613.34
194.22
638.98
135.51
42.64
102.56
24.35
35.97
210.00
566.47
Total for Public Works
6,142.96
0008 47142 AT&T Business Service 01085 8-25 bi II ing 863 4210 6.38
47145 Advanced Travel 01090 Reifenstahl/Penic to Bellingha 862 4310 394.86
47146 AirTouch Cellular Bellevue 01105 8-15 billing (inc July) 861 4210 86.78
47150 Angeles Temporary Services 01076 C Kochanek pe 08-15-98 866 4150 675.92
47163 CoastWise Consulting 18133 Professional svcs-Morse Creek 811 4150 27 1,885.00
47183 Grainger Inc. 07015 Fan motor 865 3101 125.15
98/09/09-14:26
Fnd Dpt Check
Number
Vendor
Name
47199 Kochanek, Cindy Lou
47217 Northern Hydraulics Inc.
47226 Port Angeles City Treasurer
47233 Quiring Monuments Inc.
47236 Rotary Corporation
47243 Steuber Distributing Inc
47248 US West communications
47254 Washington (DIS), State of
47266 Bales, Benjamin
47293 Oregon Brass Works
47303 Puget Safety Equipment
47326 Xerox Corporation
101 0001
47154 Brewer, David
102
47264 American Innotek Inc.
City of Port Angeles
September 09 1998
CHECK REGISTER
Date From 08/29/98 To 09/11/98
Vendor
Number
11136
14153
03062
17001
18017
19033
21001
23111
02400
15032
16248
24001
02055
01373
Description
GL Code
Number
Fan motor 865 3101
Pre-need sales August 1998 866 4990
Water pump 865 3101
Petty cash reimbursement 865 3120
Marker-Homer 866 3401
Tachometer,tester,filters 865 3120
Bloom booster 865 3140
8-14 billing 811 4210
8-14 billing 866 4210
8-14 billing 865 4210
8-14 billing 861 4210
8-14 billing 862 4210
8-14 billing 863 4210
8-14 billing 865 4210
8-14 billing 862 4210
8-08 billing 8664410
8-05 billing 811 4210
8-05 billing 866 4210
8-05 billing 861 4210
8-05 billing 862 4210
8-05 billing 863 4210
Buy back Crypt 7,Tier A,mausol 866 9430
Correct date on marker-Bailey 866 3401
Eye wash stations,gloves 865 3120
Copier service 863 4810
Total for Parks & Recreation
Total for General Fund
Contract services for Septembe 115 4990
Total for Convention Center Fund
Brief relief pouch
102 2370000
Total for Department
0007 47173 Econolite Control Products Inc 05003 Repair Econolite CMU 752 3125
47224 Points Sharp Steel Inc. 16092 Point,chisel,asphalt cutter 752 3101
47238 Sanderson Safety Supply Co. 19048 Boots 752 3101
Boots 752 3101
47248 US West Communications 21001 8-14 billing 752 4210
47252 Viking Office Products 22054 Notebooks,tape,folders,pens 752 3101
47254 Washington (DIS), State of 23111 8-05 billing 752 4210
47264 American Innotek Inc. 01373 Brief relief pouch 752 3101
47303 puget Safety Equipment 16248 Sweatshirts 752 3101
47314 Star Rental & Parts 19183 Ring spacer,spring,cage 752 4810 22
47324 Wayne's Nursery 23063 Ground cover plants 752 4150
Total for Public Works
Page 5
Amount
124.44
648.90
234.29
5.36
228.00
351.20
170.87
68.55
22.73
22.73
45.47
22.73
68.55
38.27
52.15
80.50
38.07
5.21
58.67
2.76
6.52
2,500.00
43.00
53.90
132.72
8,199.68
68,215.43
100.00
100.00
4.55-
4.55-
130.32
10.84
356.80
95.34
68.55
153.19
.92
62.19
322.86
198.47
116.53
1,516.01
98/09/09-14:26
City of Port Angeles
CHECK REGISTER
Date From 08/29/98 To 09/11/98
Fnd Dpt Check
Number
Vendor
Name
Vendor
Number
107 0005
47145 Advanced Travel
47216 New World Systems
47232 Quill Corporation
47248 US West Communications
01090
14184
17000
21001
47254 Washington (DIS), State of 23111
47301 Port Angeles Police Department 16105
208 0002
47178 Foster Pepper & Sheffelman
06063
310 0007
47283 Harding Lawson Assoc Infra Inc 08248
0008
47187 Horizon Irrigation and Turf
08329
316 0008
47304 Queen of Angels
47313 Smith, Jovanna
17018
19536
321 0007
47140 3M PAF0344 20186
47147 Alden Associates Inc. 01382
47171 Drennan-Ford Funeral Home 04243
47188 ID Recall Systems 09115
47203 Lindberg Architects Inc. 12045
47215 Network Administration Service 14453
401 47168 Davis, James 04251
47177 Fami l ian NW 06020
47200 Kochanek, Greg 11162
47209 Mottram, Sandra 13401
47218 Old Town T-Shirt Co. 15130
47226 Port Angeles City Treasurer 03062
47240 Sibelman, Larry 19534
47241 Snyders, Clarissa E 19535
Description
Wu to SeaTac 8-04
Expenses for July
Business card holder
8-14 billing
8-23 bi II ing
8-05 billing
Petty cash reimbursement
Professional svcs-Del Hur
September 09 1998
GL Code
Number
Total for Street Fund
532 4310
532 6410
532 3101
532 4210
532 4210
532 4210
532 4210
Total for Pen Com
Total for L.I.D. Control Fund
292 4150
Professional svcs-Airport Road 792 4150
Professional svcs-Airport Road 792 4150
Risers
Pipe,valves,els,couplings
Total for Public Works
895 3101
895 3101
Total for Parks & Recreation
Total for Capital Improvement Fund
Damage Deposit Rfd-Lincoln Pk 860 9636
Damage deposit rfd-Loomis Bldg 860 9636
Total for Lincoln Park Improvement Fund
Professional svcs-Library
Laser printer,warranty
Library Dedication plaque
Barcoding for Library
Fonts
Telephone system for Library
Telephone system training for
716 4150
716 4150
716 4150
716 4150
716 4150
716 4150
716 4150
Total for Library Construction Fund
Utility deposit rfd-010553oo4
Credit setter,coupling from
Utility overpmt rfd-050962010
Utility deposit rfd-103837011
Hats
Water tank rebate-Johnson
Utility deposit rfd-018546025
Utility overpmt rfd-014222014
401 2131100
401 1414000
401 1222200
401 2131100
401 2370000
401 1343300
401 2131100
401 1222200
Page 6
Amount
1,511.46
9.50
2,144.51
55.01
387.86
47.81
82.13
.50
2,727.32
28.16
28.16
8,042.86
7,994.93
16,037.79
1,132.38
3,031.36
4,163.74
20,201.53
100.00
50.00
150.00
23,867.76
4,190.81
258.96
22,432.23
8.66
4,380.74
600.00
55,739.16
250.00
363.32-
207.99
167.82
q' 8.63-
2\~ 25.00
125 . 00
11.89
98/09/09-14:26
City of Port Angeles
September 09 1998
CHECK REGISTER
Date From 08/29/98 To 09/11/98
Fnd Dpt Check Vendor Vendor
Number Name Number
47247 Tacoma Screw Products Inc. 20191
47279 Everwarm Inc. 05013
47306 Raber, Woodrow 18302
47312 Schosbeck, Dennis 19537
47315 Thomsen, Sherry 20209
0009
47142 AT&T Business Service
47143 AT&T Wireless Services
47145 Advanced Travel
47146 AirTouch Cellular Bellevue
01085
2??oo
01090
01105
47174 Equifax - Credit Information 05160
47218 Old Town T-Shirt Co. 15130
47226 Port Angeles City Treasurer 03062
47228 Public Utility Dist Clallam Co 16038
47248 US West Communications 21001
47251 Utilities Underground Loc Ctr 21010
47254 Washington (DIS), State of 23111
47274 Complete Line, The 03087
47275 Credit Bureau of Clallam Co 03094
47289 Loewen, Jack 12182
47296 PERS 16016
47298 parsinen Landscape Maintenance 16258
47309 Rohlinger Enterprises Inc. 18087
47321 Washington (DRS), State of 23141
47326 Xerox corporation 24001
402
47177 Familian NW
06020
47218 Old Town T-Shirt Co.
47264 American Innotek Inc.
15130
01373
Description
GL Code
Number
Eyebolts 401 1411000
Weatherwize-Rempel 401 1344000
Utility ovrpmt rfd-021466oo2 401 1222200
Reissue Utility deposit rfd ck 401 2131100
Utility deposit rfd-098965035 401 2131100
Total for Department
8-13 billing 911 4210
8-15 billing 911 4210
Titus to Quinault 7-30 911,4310
8-15 billing 911 4210
8-15 billing 911 4210
8-15 billing 911 4210
8-15 billing 911 4210
8-15 billing 911 4210
8-15 billing 911 4210
8-15 billing 911 4210
8-15 billing 911 4210
Professional svcs August 911 4150
Hats 911 3101
Petty cash reimbursement 911 4990
Lauridsen & L billing 8-20 911 4710
8-14 billing 911 4210
8-14 billing 911 4210
July locates 911 4150
8-05 billing 911 4210
Logarithmic 911 3101
Public records bulletin 911 4150
Rfd-UG primary power installat 911 9907
Excess compensation-L Emery 911 2010
Substation Landscape maint-Aug 911 4150
Impact wrench 911 4810
Statewide pensioners- August 911 2010
Lease agreement pmt #6 911 4530
Total for Light
Total for Light Fund
Setters,coupling
Saddles,adapters
Saddles,adapters
Tapping sleeve
Tapping sleeve
Saddles,tapping sleeve
Saddles,tapping sleeve
Hats
Brief relief pouch
Brief relief pouch
402 1414000
402 1414000
402 1411000
402 1414000
402 1411000
402 1414000
402 1411000
402 237??oo
402 237??oo
402 237??oo
Page 7
Amount
93.74
196.92
117.00
81.19
66.95
971.55
6.38
7.11
91.00
9.39
11.00
40.10
10.13
17.93
9.39
10.67
17.93
12.79
117.79
8.00
19.22
319.31
40.92
28.06
23.78
28.80
17.26
546.87
27,619.10
1,871.42
92.98
200.16
854.41
32,031.90
33,003.45
30
363.32
241.91
19.11
362. 50
28.64
626.78
65.58
8.62-
4.55-
4.55-
98/09/09-14:26
City of Port Angeles
CHECK REGISTER
Date ,From 08/29/98 To 09/11/98
Fnd Opt Check
Number
Vendor
Name
Vendor
Number
0003 47142 AT&T Business Service 01085
47143 AT&T Wireless Services 20000
47148 AmTest Inc. 01034
47196 Jones Chemicals Inc. 10027
47221 PNPCA Section Treasurer 16267
47229 PumpTech Inc. 16233
47238 Sanderson Safety Supply Co. 19048
47248 US West Communications 21001
47250 United Parcel Service 21005
47251 Utilities Underground loc Ctr 21010
47254 Washington (DIS), State of 23111
47263 All World Scientific 01377
47264 American Innotek Inc. 01373
47270 Certified laboratories 03057
47322 Washington (Ecology), State of 23106
0007 47146 AirTouch Cellular Bellevue 01105
47177 Fami l ian NW 06020
47178 Foster Pepper & Sheffelman 06063
47184 Hach Company 08124
47196 Jones Chemicals Inc. 10027
47218 Old Town T-Shirt Co. 15130
47224 Points Sharp Steel Inc. 16092
47226 Port Angeles City Treasurer 03062
47234 RadioShack Accounts Receivable 18003
47248 US West Communications 21001
47250 United Parcel Service 21005
47251 Utilities Underground loc Ctr 21010
L___
Description
8-25 billing
8-01 billing
8-22 billing
Silver
Hydrochlorite
1998 Olympic Section dues for
Seal kit,UPS charges
Battery pack
8-14 billing
8-23 billing
8-23 billing
8-23 bi II ing
8-23 billing
8-23 billing
8-23 billing
8-23 billing
Shipping charges
Shipping charges
July locates
8-05 billing
Glucose glutamic acid
Glucose glutamic acid
Glucose glutamic acid
Brief relief pouch
Grease tubes
Wastewater discharge permit
Gl Code
Number
September 09 1998
Total for Department
354 4210
354 4210
354 4210
354 4150
354 3101
354 4901
354 3101
354 3101
354 4210
354 4210
354 4210
354 4210
354 4210
354 4210
354 4210
354 4210
354 3101
354 4210
354 4150
354 4210
354 3101
354 3101
354 3101
354 3101
354 3101
354 4990
Total for
8-15 billing 753 4210
Gaskets,tie down strap, cutter 753 3101
Gasket 753 3101
Gasket 753 3101
Professional svcs-Water Rights 753 4150
Flask,meter,probe 753 3101
Chlorine, container deposit 753 3101
Container deposit refund 753 3101
Hats 753 3101
Asphalt cutter,chisel 753 3101
Petty cash reimbursement 753 4310
Petty cash reimbursement 753 4310
Petty cash reimbursement 753 4310
Petty cash reimbursement 753 3101
Telephone,shoulder rest 753 3101
8-14 billing 753 4210
8-23 billing 753 4210
8-23 billing 753 4210
Shipping charges 753 4210
July locates 753 4150
Wastewater
Page 8
Amount
1,690.12
6.38
62.50
21.94
17.00
2,322.74
25.00
119.41
91.47
45.47
47.81
28.11
47.81
47.81
47.81
47.81
28.11
10.88
21.98
14.03
22.19
25.83
17.55
25.83-
62.19
195.33
5,855.50
9,206.83
9.74
115.78
12.15
14.35
1,751 .98
733.83
1,249.72
750.00-
117.79
10.84
7.01
6.42
6.31
11.09
87.98
22.73
59.20
267.52
11.42
14.03
31
98/09/09-14:26
City of Port Angeles
September 09 1998
CHECK REGISTER
Date From 08/29/98 To 09/11/98
Fnd Dpt Check
Number
Vendor
Name
Vendor
Number
47254 Washington (DIS>, State of 23111
47264 American Innotek Inc. 01373
47299 Peninsula Concrete Cutting Inc 16263
404
47218 Old Town T-Shirt Co.
47230 QED Environmental Systems Inc
47264 American Innotek Inc.
47310 Roto Industries Inc.
15130
17011
01373
18273
0007 47218 Old Town T-Shirt Co. 15130
47226 Port Angeles City Treasurer 03062
47230 QED Environmental Systems Inc 17011
47237 SWANA 19101
47248 US West Communications 21001
47249 USDA, APHIS, FSO, Acctg Svcs 21069
47254 Washington (DIS>, State of 23111
47264 American Innotek Inc. 01373
47297 Parametrix Inc. 16155
47300 Phillips Scale Co. Inc. 16139
47310 Roto Industries Inc. 18273
47323 Waste ~anagement - Northwest 23060
421
47226 Port Angeles City Treasurer
03062
452 0007
47198 Key Bank of WA (Bellingham>
47244 Strider Construction Co Inc
11128
19447
454 0007
47277 Delhur Industries Inc
47292 Olympic Bank
47297 Parametrix Inc.
04042
15132
16155
501 0007
47141 A-Line Equpiment Co 01381
47164 Commercial Brake & Clutch Inc 03444
47190 Int'l Belt & Rubber Supply Inc 09049
Description
GL Code
Number
8-05 billing
Brief relief pouch
Hole drilling,cutting
753 4210
753 3101
753 3101
Total for Public Works
Total for Water/Wastewater Fund
Hats
Fi l ters
Brief relief pouch
300 Hundred gallon container
404 237??oo
404 237??oo
404 2370000
404 237??oo
Total for Department
Hats 755 3101
Petty cash reimbursement 755 4901
Filters 755 3101
Membership renewal-K Ridout 755 4901
Membership renewal-T McCabe 755 4901
8-14 billing 755 4210
Professional svcs Apr-Jun 755 4150
8-05 billing 755 4210
Brief relief pouch 755 3101
LF Enviro monitoring pe 8-1-98 755 4150
Maintenance, shipping svcs 755 4150
300 Hundred gallon container 755 3501
Recycling svcs - August 98 755 4150
Total for Public Works
Total for Solid Waste Fund
Petty cash reimbursement
421 2451000
Total for Conservation Fund
Escrow acct #473544001802 793 4150
DT Sidewalk/Watermain project 793 4150
Total for Water Construction
Landfill Cell #3 pmt #1
Escrow scct #1701088820
Engineering Svcs pe 8-1-98
795 4150
795 4150
795 4150
Total for Solid Waste Construction
Support stand
Seal remover
Fuel delivery hose
760 3501
760 3501
760 3101
Page 9
Amount
11.27
62.19
435.00
4,268.35
15,165.30
8.62-
24.20-
4.56-
450.15-
487.53-
117.79
32.00
330.48
115.00
115.00
114.01
10,851.16
15.85
62.17
615.05
355.07
6,148.20
39,270.72
58,142.50
57,654.97
8.00
8.00
8,272.44
170,246.90
178,519.34
196,868.28
9,566.00
8,151.24
214,585.52
3"
1.-;
593.45
56.04
66.56
~
98/09/09-14:26 City of Port Angeles September 09 1998 Page 10
CHECK REGISTER
Date From 08/29/98 To 09/11/98
Fnd Dpt Check Vendor Vendor Description GL Code Amount
Number Name Number Number
47210 N C Machinery Co. 14001 Seals,rings,rod,core charge 760 3101 1,520.11
Tube A 760 3101 62.17
Water pump, core charge,seal 760 3101 600.25
47248 US West Communications 21001 8-14 bi II ing 760 4210 22.73
47254 Washington (DIS), State of 23111 8-05 billing 760 4210 10.65
47288 Kaman Industrial Technologies 11082 Seal 760 3101 11.53
Total for Equipment Services Fund 2,943.49
502 0002 47145 Advanced Travel 01090 Kheriaty to Bellevue 7-06 250 4310 619.76
47146 AirTouch Cellular Bellevue 01105 8-15 billing 250 4210 16.30
47172 Dungeness Communications & 04210 July maintenance 250 4810 200.00
47189 Inmac 09043 Vinyl binder pages 250 3101 34.42
47226 Port Angeles City Treasurer 03062 Petty cash reimbursement 250 3101 10.78
47248 US West Communications 21001 8-14 billing 250 4210 68.55
47254 Washington (DIS), State of 23111 8-05 billing 250 4210 45.87
47286 Insight Direct Inc. 09085 Lexmark color printer 250 4810 475.84
47302 Price Cost co Credit Card Pmts 03261 Office supplies,cable,batterie 250 3101 131.58
Total for Information Systems Fund 1,603.10
503 0001 47144 AWC Employee Benefit Trust 01231 Medical,vision,life September 121 4630 63,067.05
Medical,vision,life September 121 4632 1,179.75
Medical,vision,life September 121 4634 10,625.00
47151 Bishop, Virgil 02019 Reimburse Sept Medicare prem 121 4635 94.00
47156 Cameron, Kenneth 03252 Reimburse Sept Medicare prem 121 4635 65.70
47157 Camperini, Richard 03273 Reimburse Sept Medicare prem 121 4635 46.10
47175 Evans, Sid 05103 Reimburse Sept Medicare prem 121 4635 42.50
47185 Hansen, George D. 08048 Reimburse Sept Medicare prem 121 4635 46.80
47186 Hiener, Rudy 08024 Settlement of Claim #34-98 119 4999 120.00
47194 Johnson, Donald G 10052 Reimburse Sept Medicare prem 121 4635 43.80
47195 Johnson, Harry 10047 Reimburse Sept Medicare prem 121 4635 42.50
47201 Kochanek, Harry 11017 Reimburse Sept Medicare prem 121 4635 85.00
47204 Lindley, James K. 12019 Reimburse Sept Medicare prem 121 4635 43.80
47205 Loucks, Jasper 12186 Reimburse Sept Medicare prem 121 4635 85.00
47207 Miesel, Phil 13261 Reimburse Sept Medicare prem 121 4635 46.10
47208 Morgan, Roy 13145 Reimburse Sept Medicare prem 121 4635 46.10
47212 NW Admin Transfer Acct (Non-S) 14169 Medical,dental,vision Septembe 121 4633 8,839.45
47213 NW Admin. Transfer Acct (SW) 14016 Medical,dental,vision Septembe 121 4633 2,048.20
47225 Port Angeles Auto Glass 16021 Repair vehicle ;window-Tatom 119 4999 102.51
47231 Qualls, John 17017 Settlement of Claim #32-98 119 4999 876.74
47245 Summit Law Group PLLC 19437 Professional svcs-General labo 119 4150 217.20
47246 Sweatt, Johnnie 19146 Reimburse Sept Medicare prem 121 4635 65.70
47256 Wolfley and Tami Cook, Lane 23421 Settlement of Calim #41-95 119 4999 22,000.00
47295 Owens, Annette 15082 Reimburse-chiropractic charges 121 4630 20.00
47308 Rainier EAP Inc. 18057 August 1998 services 121 4150 330.00
Total for Self - Insurance Fund 110,179.00
602 0002 47144 AWC Employee Benefit Trust 01231 Medical,vision,life September 225 4635 2,297.00
33
98/09/09-14:26
Fnd Opt Check
Number
621 0002
625 0008
652 0008
654 0008
City of Port Angeles
Vendor
Name
47161 Clallam Jefferson CAC Inc.
47166 Cozi Homes Construction
47281 Garland Construction & Maint
47158 Captain T's
47170 District 13
47226 Port Angeles City Treasurer
47248 US West Communications
47254 Washington (DIS), State of
47220 Oregon Brass Works
47290 Natural Structures
47293 Oregon Brass Works
CHECK REGISTER
Date From 08/29/98 To 09/11/98
Vendor
Number
03022
03299
07063
03048
04050
03062
21001
23111
15032
14145
15032
Description
September 09 1998
GL Code
Number
Total for Firemen's Pension Fund
Expenses May,June,July 1998 214 4150
Final billing-Berggren 96PA62L 214 4150
Contractor pmt-L Gross 96PA83L 214 4150
Total for P.A. Housing ReHab Project
Tournament t-shirts
Jerzees/screens
ASA registration Adult Co-ed
Petty cash reimbursement
Petty cash reimbursement
881 3101
881 4150
881 4150
888 3101
880 3101
Total for Recreational Activities Fund
8-14 billing
8-23 billing
8-05 billing
868 4210
868 4210
868 4210
Total for Esther Webster Trust Fund
Plaque-Morse
Plaque-Rowan
Plaque-Hutton
Plaque-Linda Vose
Benches
Marker - Baldwin
873 3199
873 3199
873 3199
873 3199
873 3199
873 3199
Total for Waterfront Trail Fund
Grand Total
34
Page 11
Amount
2,297.00
13,635.89
22,398.75
6,096.10
42,130.74
244.93
301.03
600.00
12.00
37.28
1,195.24
22.73
47.81
52.98
123.52
57.00
82.75
107.16
59.00
2,306.45
45.60
2,657.96
810,739.69
r-.
35
.,
CITY OF PORT ANGELES - PUBLIC WORKS DEPARTMENT
MEMORANDUM
"MAINTAINING AND BUlWING A BETTER COMMUNITY"
September 4,1998
TO:
Kay Godbey, Finance Director
FROM:
Jack Pittis, Public Works Director
RE:
Port Angeles Landfill Cell #3 Expansion (payment #1)
CONTRACT
THIS PAY
REQUEST
PREVIOUS
PAYMENTS
TOTAL WORK
TO DATE
Sales Tax (7.9% of subtotal)
LESS Retaina e (5% of subtotal)
$191,320.00
$15,114.28
$9,566.00
$191,320.00
$15,114.28
( $9,566.00
$196,868.28
Ori inal Contract Amount
$1,585,920.15
Chan e Orders to Date (*)
Subtotal
Contractor Pa ments Authorized to Date
12.06 %
DISBURSEMENT SUMMARY (Account No.US-7512-9804-4150)
CONTRACTOR:
Delhur Industries Inc.
P.O. Box 1116
Port Angeles, W A 98362
$196,868.28
RETAINAGE:
Olympic Bank
716 East Front St.
Port Angeles , W A 98362
Escrow acct.# 1701088820
, $9,566.00
TOTAL DISBURSEMENT FOR THIS PAYMENT
I CHANGE ORDER COMMENTS:
PREPARED B~ --. L . ~ APPROVED BY:
C' Engineer ~'. Dir ctor
PW-178 [Rev. 11/931
$206,434.28
I
36
MONTHLY PAYMENT
ESTIMATE SUMMARY
Parametrix, Inc.
Consultants in Engineering & Environmental Sciences
Project Title: PALF CELL # 3 EXPANSION
Project No. : 98-04
PMX No.: 23-2191-05
Contractor: Delhur Industries, Inc.
4333 Tumwater Access Rd.
P.O. Box1116
Port Angeles, WA 98362
Pay Estimate NO.1
Period August 1998
Total Contract Amount: $1,711,207.84 (.....~s ~Y.L^,e,.)
Description
Previous
Gross Earnings
$0.00
Materials on Hand
$0.00
Subtotal
Sales Tax (7.9%)
Total + Sales Tax
Less Retainage (5% Subtotal)
Net Earnings
Less Previous Payments
Net Payment this Estimate
Contract Completion Data
% Time Elapsed
% Work Completed
Notice to Proceed Received by Contractor
Contract Completion Time
Working Days Complete This Estimate
Contract Completion Date
Approved by m~
Mike Slade
Amounts
This Month To Date
$191.320.00 $191,320.00
$0.00 $0.00
$191,320.00 $191,320.00
$15,114.28 $15,114.28
$206,434.28 $206,434.28
$9,566.00 $9,566.00
$196,868.28 $196,868.28
$0.00 $0.00
$196,868.28 $196,868.28
17%
11.50%
3-Aug-98
90 Working Days
15
Dec.17,1998
own." (S;,n,"'" & ~ .~
City ~f Port Angeles /<- J
(!.. l"T '-1 r:: '-) ·
37
Delhur Industries,lnc.
4333 Tumwater Access Rd.
P.O. Box 1116
Port Angeles, WA 98362
PAY ESTIMATE NO.1
AUGUST, 1998
PALF CELL # 3 EXPANSION
City of Port Angeles, WA
Project No. 98-04
PMX No. 23-2191-05
APPLICATION FOR PAYMENT
Pay Estimate No.1 Project
Item Description Unit Plan Bid Unit Contract AUQust, 1998 Paid Total Percent
No. Quantity Price Amount Quantity Cost Previously To Date Complete
I Construction Geotextil.: fbr Temporary Silt Fence L.F. 1.600 $3.00 4.800.00 $0.00 $0.00 0.00%
2 Ilale Dams EA. 7 $15.00 105.00 $0.00 $0.00 0.00%
3 Site Health and Salety L.S. L.S. $2,000 2,000.00 25% $500.00 $0.00 $500.00 25.00%
4 Mobilization L.S. L.S. $170,000 170.000.00 50.00% $85,000.00 $0.00 $85,000.00 50.00%
5 Excavation CY 81,000 $1.85 149,850.00 57,200 $105,820.00 $0.00 SI05,820.00 70.62%
6 Embankment Compaction CY 2,200 $0.50 1,100.00 $0.00 $0.00 0.00%
7 Compacted Soil Liner CY 22,400 S14.25 319.200.00 $0.00 SO.OO 0.00%
8 Bentonite TONS 3,500 S81.30 284,550.00 SO.OO SO.OO 0.00%
9 Cover Soil CY 22,400 S6.25 140,000.00 SO.OO $0.00 0.00%
10 Shoring S.F. 4,570 S1.00 4,570.00 SO.OO $0.00 0.00%
II Gravel Base TONS 562 S7.75 4,355.50 I SO.OO SO.OO 0.00%
12 Crushed Surfacing Base Course TONS 2,113 $12.50 26.412.50 SO.OO SO.OO 0.00%
13 Asphalt Concrete Pavement, CI .B, 3" un TONS 400 $49.21 19.684.00 $0.00 SO.OO O.OO~.
14 Leachate Collection Pipe L.F. 1,210 $19.20 23,232.00 SO.OO SO.OO 0.00%
15 Leachate Cleanout Pipe L.F. 1,190 S8.20 9,758.00 $0.00 SO.OO 0.00%
16 Schedule A Culvert Pipe, 12 in. Diam L.F. 130 $12.00 1.560.00 SO.OO SO.OO 0.00%
17 Schedule A Culvert Pipe. 18 in. Diam L.F. 140 S20.00 2.1100.00 SO.OO SO.OO 0.00%
18 Storm Sewer, 8", N-12 L.F. 417 S20.25 8.444.25 SO.OO SO.OO 0.00%
19 Modi/)' Exitsing Catch Basin # 2 E.A. 1 S800.00 800.00 SO.OO SO.OO 0.00%
20 Catch Basin/~\'lanhole,Type 2, 48",install in-line E.A. 1 S2,250.00 2.250.00 i SO.OO SO.OO 0.00%
21 Catch Basin/Manhole.Type 2, 48" dia. E.A. I $3,500.00 3.500.00 SO.OO SO.OO 0.00%
22 Catch Basin/Manhole Type 2, 54", W/Control Device E.A. I S4,100.00 4,100.00 SO.OO SO.OO 0.00%
23 Sceding. Fertilizing, and Mulching AC 7.40 S850 6.290.00 SO.OO SO.OO 0.00%
24 60 mil Tex1ured HDPE Geomembrane SY 32.600 S3.98 129.748.00 SO.OO $0.00 0.00%
25 Oeonct Composite SY 32,600 S4.(,O 149.960.00 SO.OO SO.OO 0.00%
26 Geotex1ile Type I SY 1,600 S2.00 3,200.00 SO.OO SO.OO 0.00%
27 Geotel\1ile Type 2 SY 1,180 $2.75 3,245.00 SO.OO SO.OO 0.00%
28 24" RCI' Repair E.A. 1 S3,00O.00 3,000.00 SO.OO SO.OO 0.00%
29 Gas Header System L.F. 775 S20.00 15,500.00 SO.OO SO.OO 0.00%
30 Monitoring Runs E.A. 7 S470.00 3,290.00 SO.OO SO.OO 0.00%
PALFPayEstimate .xlsPayEst#l
Page 1012
~...
'il!'>"
M
Oelhur Industries, Inc.
4333 Tumwater Access Rd.
P.O. Box 1116
Port Angeles, WA 98362
PAY ESTIMATE NO.1
AUGUST,1998
PALF CELL # 3 EXPANSION
City of Port Angeles, WA
Project No. 98-04
PMX No. 23-2191-05
U-l
I
Pay Estimate NO.1 Project
Item Description Unit Plan Bid Unit Contract AUQust.1998 Paid Total Percent
No. Quantity Price Amount QuantIty Cost Previously To Date Complete
WEST HAUL ROAD PAVING
31 Bale Dams EA. 2 S15.00 30.00 $0.00 $0.00 0.00'%
32 Excavation CY 1,520 $3.00 4,560.00 $0.00 $0.00 0.00%
33 Embankment Compaction CY 2,425 $0.50 1,212.50 $0.00 $0.00 0.00%
34 Gravel Base TONS 1,315 $6.75 8,876.25 $0.00 $0.00 0.00%
35 Crushed Surfacing Base Course TONS 1,521 $11.75 17,871.75 $0.00 $0.00 0.00%
36 Asphalt Treated Base, 3" Lift TONS 1,238 $43.30 53,605.40 $0.00 $0.00 0.00%
37 Schedule A Culvert Pipe, 12 in. Diam L.F. 40 $16.00 640.00 $0.00 $0.00 0.00%
38 Schedule A Culvert Pipe, 18 in. Diam L.F. 40 $20.00 800.00 $0.00 $0.00 0.00%
39 Seeding, Fertilizing, and Mulching AC 1.20 $850 1,020.00 $0.00 $0.00 0.00%
~
CHANGE ORDER ITEMS
.
QUANTITY COST
PLAN INVOICE MA T'L. MA T'L.
MATERIALS ON HAND UNIT QTY UNIT COST ON-SITE ON-SITE
I
I
SUBTOTAL (l,tems 1-39)
WASALES TAX 7.9%
SUBTOTAL OF MAT'L. COSTS ON-SITE
SALES TAX OF MAT'L.COSTS ON-SITE
TOTAL
RETAINAGE OF SUBTOTAL 5%
PAY AMOUNT DUE THIS ESTIMATE
The undersigned contractor certifies that to the best of his knowledge, information
and belief the Work covered by this Application for Payment has been completed
in accordance with the Contract Documents, that all amounts have been paid
by him for work for which previous Certificates for Payment were issued and
payments received from the owner, and that current payment shown is now due.
Contractor:
Delh~fdu~s,ln~ Date: 91q /7'8
~ '~I ' ,
PALFPayEslimate .xlsPayEsl# 1
Page 2012
$206,434.28
$9,566.00
$196,868.28
$191,320.00
$15.114.28
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$191,320.00
$15,114.28
$0.00
$0.00
$206,434.28
$9,566.00
(3'")
M
0.00%
.-
AMOUNT PAID TO DATE $196,868.28
DATE:
To:
FROM:
SUBJECT:
J
~
"P~. IQRT A.L \N 1
I=- r\:
E. !L!~ E..ISt,
r \ I, r j _ _ ^ 1
~J ......../.. .
WAS H I N G TON,
U. S. A.
CITY COUNCIL MEMO
September 15, 1998
MA YOR BRAUN AND CITY COUNCIL
Kay Godbey, Finance Director
Ordinance authorizing the issuance and sale of water and wastewater revenue
refunding bonds
SUMMARY: In 1994, the City issued water and wastewater bonds in the amount of$10 million
for the purpose of funding the wastewater treatment plant, compost facility, outfall reconstruction,
and other water and wastewater projects. The City can now achieve a debt service savings by selling
new bonds at lower interest rates and using the proceeds to defease the higher coupon debt.
The average coupon, or interest rate, in today's market is approximately 5.05%, as compared to the
current average coupon of 6.68%. The lower coupon rate will result in an estimated annual debt
service savings of $40,000 to the water and wastewater fund. The estimated present ,:a1ue savings
of this refinancing amounts to $615,000 over the life of the bonds. The 1998 bonds are amortized
over a twenty-five year term.
RECOMMENDATION: City Council approve the ordinance authorizing the issuance and sale of
water and wastewater utility revenue refunding bonds of the city not to exceed $9.6 million
dollars?
ISSUE: Should City Council approve an ordinance authorizing the issuance and sale of water and
wastewater utility revenue bonds of the City not to exceed $9,600,000 to refund certain outstanding
water and wastewater utility revenue bonds ofthe City; authorizing appointment of an escrow agent
and the execution of an escrow agreement relating to such refunding; fixing the date, form, terms,
maturities and covenants of such bonds; and authorizing the public sale of such bonds?
BACKGROUND / ANAI,YSIS: The 1998 annual debt service for the water and wastewater bonds
amounts to over $777,000. The average interest rate that the City currently pays is 6.68% and
exceeds market rates. It is to the City's advantage to refund, or refinance the 1994 water and
wastewater bonds that will realize a debt service savings of approximately $40,000 per year, and,
$615,000 over the life ofthe bonds.
40
--_/
The proceeds ofthe bonds are set aside in an escrow account. The escrow agent uses the proceeds
to buy securities that will be sufficient to retire the 1994 bonds. This is referred to as a defeasance.
The bond ordinance also authorizes the Finance Director to sell the bonds through a competitive
bond sale. The competitive bond sales process allows several underwriters to compete with one
another to generate the lowest interest rate and offers the City the most cost effective deal from
which to choose. This method also provides evidence to the taxpayers that they have received the
lowest, most cost-effective interest rate possible for the bonds. Bids will be opened on October 6,
1998. The low bid will then be recommended to City Council for consideration at the meeting that
evenmg.
41
J:IMC0I22501-OO.0161MCON7EG.DOC
CITY OF PORT ANGELES, WASHINGTON
WATER AND WASTEWATER UTILITY REVENUE REFUNDING BONDS, 1998
ORDINANCE NO.
AN ORDINANCE of the City of Port Angeles, Washington, authorizing the
issuance and sale of water and wastewater utility revenue refunding bonds
of the city in the principal amount of not to exceed $9,600,000 to refund
certain outstanding water and wastewater utility revenue bonds of the
City; authorizing appointment of an escrow agent and the execution of an
escrow agreement related t6 such refunding; fixing the date, form, terms,
maturities and covenants of such bonds; and authorizing the public sale of
such bonds
PASSED ON September 15, 1998
Prepared By:
PRESTON GATES & ELLIS LLP
5000 Columbia Center
701 Fifth Avenue
Seattle, Washington 98104-7078
4.~..
,
l
43
Page
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.
Section 19.
Section 20.
Section 21.
Section 22.
Section 23.
Section 24.
Section 25.
Exhibit A
Table of Contents
Definitions ......................................................................................................... 2
Compliance with Parity Conditions..................................................................... 8
Authorization and Description of Bonds ................... ..................................... ..... 9
Registration, Exchange and Payments............................................................... 10
Redemption; Purchase of Bonds ...................................................................... .14
Execution of Bonds.......................................................................................... 17
Form of Bonds .......................... .......... .................. ................................. ......... .17
Application of Bond Proceeds; Advance Refunding Account............................ 22
Rate Stabilization Fund.......... ........... ................................ .............................. .26
Revenue Fund.................................................................................................. 26
Bond Fund....................................................................................................... 27
Covenants and Agreements .............................................................................. 30
Tax Covenants; Special Designation... ..............................................................33
Arbitrage Rebate.............................................................................................. 34
Adequacy of Revenues ..................... ........................... .....................................34
Defeasance....................................................................................................... 34
Issuance of Future Parity Bonds.... ........... ............. ...........................................35
. Public Sale of Bonds ........... ..................... ........... .............................................38
Preparation of Preliminary Official Statement....... ...................... ..................... .39
Undertaking to Provide Ongoing Disclosure..................................................... 39
Municipal Bond Insurance....................................... ......................................... 43
Supplements and Amendments.. ......... ...................... ........................................ 43
Lost or Destroyed Bonds............................................. ....................................44
Severability...................................................................................................... 45
Effective Date...............................................;.................................................. 45
Form of Escrow Agreement
.,44
-1-
OOTOOK.OOC
98/09110
45
ORDINANCE NO.
AN ORDINANCE of the City of Port Angeles, Washington,
authorizing the issuance and sale of water and wastewater utility
revenue refunding bonds of the city in the principal amount of not
to exceed $9,600,000 to refund certain outstanding water and
wastewater utility revenue bonds of the City; authorizing
appointment of an escrow agent and the execution of an escrow
agreement related to such refunding; fixing the date, form, terms,
maturities and covenants of such bonds; and authorizing the public
sale of such bonds
WHEREAS, the City of Port Angeles, Washington (the "City") owns, operates and
maintains a combined water and wastewater utility (the "System"); and
WHEREAS, pursuant to Ordinance No. 2843 of the City, passed on October 18, 1994,
("Ordinance No. 2843"), the City issued its Water and Wastewater Utility Revenue and Refunding
Bonds, 1994, under date of November 1, 1994, in the original principal amount of $10,000,000
(the "1994 Bonds"); and
WHEREAS, with the consent of the State of Washington Department of Ecology
("DOE"), the 1994 Bonds were issued on a parity of lien with a loan to the City administered by
DOE (loan number SRF 91001) (the "Revolving Fund Loan") and authorized by Resolution No.
9-90 of the City Council of the City (the "Council") adopted on May 1, 1990; and
WHEREAS, Section 6 of Ordinance No. 2843 provides that the 1994 Bonds maturing on
and after November 1, 2005 (the "Refunded Bonds") may be redeemed prior to their stated
maturities on November 1, 2004 at a price of 10 1 % of par plus accrued interest to the date of
redemption; and
WHEREAS, Ordinance No. 2843 provides that the City may issue additional water and
wastewater utility revenue bonds on a parity with the 1994 Bonds for the purpose of refunding
outstanding obligations of the System if certain conditions are met; and
46
WHEREAS, Section 6 of Ordinance No. 2843 provides that the 1994 Bonds maturing on and
after November 1, 2005 (the "Refunded Bonds") may be redeemed prior to their stated
maturities on November 1, 2004 at a price of 101 % of par plus accrued interest to the date of
redemption; and
WHEREAS, Ordinance No. 2843 provides that the City may issue additional water and
wastewater utility revenue bonds on a parity with the 1994 Bonds for the purpose of refunding
outstanding obligations of the System if certain conditions are met; and
WHEREAS, after due consideration the City Council of the City (the "Council") finds that
the Refunded Bonds may be refunded by the issuance and sale of the water and wastewater
utility refunding revenue bonds of the City authorized herein so that a substantial savings to the
City and ratepayers of the System will be effected by the issuance of such refunding bonds and
the payment and redemption of the Refunded Bonds on November 1, 2004; and
WHEREAS, to effect such refunding in the manner that will be most advantageous to the
City and ratepayers of the System, the Council finds it necessary and advisable to appoint an
escrow agent and to purchase certain "Acquired Obligations" (hereinafter defined) out of the
proceeds of sale of the refunding bonds; and
September 1 0, 1998
- 2 -
47
--"
WHEREAS, it appears to the Council that it is in the best interestll)f the City and ratepayers
of the System that the Bonds be sold by competitive sale on the terms set forth after providing
notice of such sale;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ANGELES,
WASHINGTON, DO ORDAIN, as follows:
Section 1. Definitions. As used in this ordinance the following words shall have the
following meanings:
"Advance Refunding Account" means the special account of the City, to be held by the
Escrow Agent, created pursuant to Section 8 of this ordinance.
"Annual Debt Service" for any fiscal year or calendar year means the sum of:
(a) the interest due in such year on all outstanding Parity Bonds excluding,
however, interest to be paid from the proceeds of Parity Bonds,
(b) the principal of all outstanding Serial Bonds due in such year, and
(c) the Sinking Fund Requirement, if any, for such year, calculated as of the
Sinking Fund Requirement Date for such year.
If the interest rate on any such bonds is other than a fixed rate, the rate applicablat the time
of the computation shall be used.
Soptcmbet 10, 1998
- 3-
48
"Arbitrage and Tax Certification" means the certificate executed by the Finance Director of
the City pertaining to the calculation and payment of any Rebate Amount with respect to the
Bonds.
"Assessments" means assessments (including interest and penalties) levied in any utility local
improvement district of the City for the acquisition or construction of additions and
improvements to and extension of the System, if such assessments are pledged to be paid into the
Bond Fund.
"Average Annual Debt Service" means the amount determined by dividing (a) the sum of all
interest and principal to be paid on all Parity Bonds from the date of determination to the last
maturity date of such Parity Bonds, by (b) the number of fiscal years or calendar years from and
including the fiscal year or calendar year in which the determination is made to the last fiscal
year or calendar year in which any of such Parity Bonds will be outstanding.
"Bond Fund" means the 1994 Water and Wastewater Utility Revenue Bond Fund created by
Section 15 of Ordinance No. 2843 and referred to in Section 11 of this ordinance.
,~
"Bond Register" means the books or records maintained by the Bond Registrar for the
purpose of registration of the Bonds.
September 10, 1998
- 4 -
49
"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 Bonds, maintenance of the Bond Register, effecting transfer of ownership
of the Bonds, and paying the principal of, premium, if any, and interest on the Bonds.
"Bonds" mean the not to exceed$9,600,OOO principal amount of water and wastewater utility
revenue refunding bonds of the City issued pursuant to this ordinance to refund the Refunded
Bonds.
"City" means the City of Port Angeles, a municipal 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.
"Commission" means the United States Securities and Exchange Commission.
"Costs of Maintenance and Operation" means all necessary operating expenses, current
maintenance expenses, expenses of reasonable upkeep and repairs, and insurance and
administrative expenses, but excludes depreciation, payments for debt service or into reserve
accounts and costs of capital additions to or replacements of the System, taxation by the City or
payments in lieu of taxes.
Scplembcr 10, 1998
- 5 -
50
"Council" means the general legislative authority of the City as the same shall be duly and
regularly constituted from time to time.
"Debt Service Account" means the account of that name created in the Bond Fund by
Section 15 of Ordinance No. 2843 and referred to in Section 13 of this ordinance.
"DOE" means the State of Washington Department of Ecology, administrator of the
Revolving Fund Loan.
"DOE Loan Agreement" means the agreement between the City and DOEvith respect to the
Revolving Fund Loan.
"DTC" means The Depository Trust Company, New York, New York, a limited purpose
trust company organized under the laws of the State of New York, as depository for the Bonds
pursuant to Section 4 hereof, or any successor substitute depository for the Bonds.
"Escrow Agent" means the bank or trust company appointed by the Finance Director
pursuant to Section 8 hereof.
"Escrow Agreement" means the agreement between the City and the Escrow Agent with
respect to the Refunded Bonds entered into pursuant to Section 8 hereof.
"Financial Advisor" means Sound Finance Group, of Seattle, Washington, or any other
financial advisor appointed by the Council.
September 10, 1998
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51
"Finance Director" means the duly appointed and acting Finance Director of the City or the
successor of such office.
"Fiscal Year" means the fiscal year used by the City at any timeAt the time of the adoption
of this on:linance, the Fiscal Year is the twelve-month period beginning January 1 of each year
and ending December 31 of each year.
"Future Parity Bonds" mean any revenue bonds, revenue warrants or other revenue
obligations that may be issued in the future as Parity Bonds.
"Gross Revenue" means all earnings, revenue and money, except Assessments, received by
the City from or on account of the operation of the System, including proceeds from the sale,
lease or other disposition of any of the properties or facilities of the System, and the income
from investments of money in the Revenue Fund and any bond fund or from any other
investment thereof except the income from investments irrevocably pledged to the payment of
revenue bonds pursuant to a plan of retirement or refunding. The words "Gross Revenue" shall
not include grants or bond proceeds, but shall include federal or state reimbursements of
operating expenses to the extent such expenses are included as "Costs of Maintenance and
Operation. "
',,~~
Scplcmbcr 10, 1m
- 7 -
52
"Letter of Representations" means the Blanket Issuer Letter of Representations heretofore
entered into by the City and DTC.
"MSRB" means the Municipal Securities Rulemaking Board or any successor to its
functions.
"1994 Bonds" means the City's Water and Wastewater Utility Revenue Bonds, 1994 issued
pursuant to Ordinance No. 2843 of the City under date of November 1, 1994 and currently
outstanding in the principal amount of $9,575,000.
"Net Revenue" means the Gross Revenue less the Costs of Maintenance and Operation.
"NRMSIR" means a nationally recognized municipal securities information repository.
"Parity Bonds" means the Revolving Fund Loan, the Bonds and any revenue bonds, revenue
warrants or other revenue obligations of the City that have a lien on monejn the Revenue Fund
to pay and 9Xure the payment of the principal thereof and interest thereon equal to the lien
created on the money in such Fundto pay and secure the payment of the principal of and interest
on the Revolving Fund Loan and the Bonds.
"Permitted Investments" means any investments of City funds permitted under the laws of
the State of Washington as amended from time to time.
September 10. 1998
- 8 -
53
"Professional Utility Consultant" means the independent person(s) or frrm(s) selected by the
City having a favorable reputation for skill and experience with water and wastewater systems of
comparable size character to the System in such areas as are relevant to the purposes for which
they are retained.
!'Qualified Insurance" means any unconditional 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 service corporation is rated in one of the two highest
rating categories by Moody's Investors Service, Inc. or any other rating agency then maintaining
a rating on the Bonds, provided, that, as of the time of issuance of such policy or surety bond,
such insurance company or companies maintain a policy owner's surplus in excess of
$500,000,000.
"Qualified Letter of CredW means any irrevocable letter of credit issued by a bank for the
account of the City and for the benefit of the owners of Parity Bonds, provided that such bank
maintains an office, agency or branch in the United States, and provided further, that, as of the
time of issuance of such letter of credit, such bank is currently rated in one of the two highestr
September 10, 1998
-9-
54
rating categories by either Moody's Investors Service, Inc. or any other rating agency then
maintaining a rating on the Bonds.
"Rate Stabilization Fund" means the fund of that name created pursuant to Section 13 of
Ordinance No. 2843 and referred to in Section 9 of this ordinance.
"Rebate Amount" means the amount, if any, determined to be payable with respect to the
Bonds by the City to the United States of America in accordance with Section 148(t) of the
Code.
"Refunded Bonds" means the 1994 Bonds maturing on and after November 1, 2005.
"Registered Owner" means the person in whose name a Bond is registered on the Bond
Register. For so long as the City utilizes the book-entry system for the bonds, DTC shall be
deemed to be the Registered Owner.
"Reserve Account" means the account of that name in the Bond Fund created pursuant to
Ordinance No. 2843 and referred to in Section 11 of this ordinance.
"Reserve Account Requirement" means, with respect to the Bonds or Future Parity Bonds, an
amount equal to the least of (a) 125 % of Average Annual Debt Service on such bonds, (b) 10 %
of the net proceeds of such series of bonds, or (c) maximum Annual Debt Service.
September 1 0, 1998
- 10-
55
"Revenue Fund" means the special fund of the City known as the "City of Port Angeles
Water and Wastewater Utility Revenue Fund" created in the office of the City Treasurer
pursuant to Section 2 of Ordinance No. 2843 and referred to in Section 10 of this ordinance.
"Revolving Fund Loan" means the loan to the City in the original principal amount of
$2,549,264 administered by DOE (loan number SRF 91001), as authorized by Resolution
No. 790 of the City Council adopted on May 1, 1990.
"Rule" means the Commission's Rule 15c2-12 under the SecuritieExchange Act of 1934, as
the same may be amended from time to time.
Sale Resolution means a resolution of the Council approving a bid for the Bonds.
"Serial Bonds" means Bonds or Future Parity Bonds other than Term Bonds.
"SID" means a state information depository for the State of Washington (if one is created).
"Sinking Fund Requirement" means, for any fiscal year or calendar year, the principal
amount of Term Bonds required to be purchased, redeemed or paid at maturity in such year as
established by the ordinance of the City authorizing the issuance of such Term Bonds.
"System" means the combined water supply and distribution and sanitary sewage collection
and wastewater treatment system of the City as the same now exists and as it may hereafter be
added to, improved and extended for as long as an)Of the Bonds are outstanding. The "System"h
September to, 1998
- 11 -
56
shall also include any surface or storm water drainage utility of the City if the Council shall
determine by ordinance to create such a utility and combine it with the System.
"Term Bonds" means the Bonds identified as such, if any, in the Sale Resolution and any
Future Parity Bonds identified as Term Bonds in the ordinance authorizing the issuance thereof,
the payment of the principal of which is provided for by a mandatory schedule of deposits of
money equal (in the aggregate) to the full principal amount of such Term Bonds, into the Bond
Fund, and by a mandatory redemption schedule corresponding (as to time and amounts) to such
mandatory schedule of deposits.
Section 2. Compliance with Parity Conditions The Council hereby finds and
determines, as required by Ordinance No. 2843, as follows:
First, that the Bonds are being issued for the purpose of refunding prior to their maturity
certain outstanding revenue bonds payable out of Gross Revenue;
Second, that at the time of the adoption of this ordinance and at the time of the issuance
of the Bonds there is not nor will there be any deficiency in the Bond Fund or the Reserve
Account;
Third, this ordinance provides that the principal of and interest on the Bonds are payable out
of the Bond Fund and provides further that payments will be made into the Bond Fund to satisfy
September 10, 1998
- 12 -
51
~---
the Sinking Fund Requirements, if any on any Term Bonds, and into the Reserve Account to
satisfy the Reserve Account Requirement, all as required by Section 13 of Ordinance No. 2843;
and
Fourth, the Bonds are being issued for the purpose of refunding prior to their maturity
part of the outstanding Parity Bonds and the issuance of the Bonds will result in a debt service
savings and does not require an increase of more than $5,000 in any fiscal or calendar year for
principal of and interest on the Bonds over and above the amount required in such year for the
principal of and interest on the Refunded Bonds, so in accordance with Section 21.B of
Ordinance No. 2843 no certificate of a Professional Utility Consultant regarding revenues of the
System is required as a condition for the issuance of the Bonds.
The parity conditions contained in Ordinance No. 2843 having been complied with or
assured, the payments required in this ordinance to be made out of the Revenue Fund into the
Bond Fund and Reserve Account to pay and secure the payment of the principal of and interest
on the Bonds shall constitute a lien and charge upon the money in such Revenue Fund equal in
rank with the lien and charge thereon for the payments required to be made into the Bond Fund
to pay and socure the payment of the principal of and interest on the Revolving Fund Loan and
the 1994 Bonds.
September 10, 1998
- 13 -
58
Section 3. Authorization and Descrlption of Bonds. For the purpose of refunding the
Refunded Bonds, the City shall issue its water andwastewater utility revenue refunding bonds in
the aggregate principal amount to be established as provided in Section 18 hereof and in any
event not to exceed $9,600,000_ (the "Bonds"). The Bonds shall be designated as the "City of
Port Angeles, Washington, Water and Wastewater Utility Revenue Refunding Bonds, 1998,"
shall be in the denomination of $5,000 each,or integral multiples thereof, provided that no Bond
shall represent more than one maturity, shall be fully registered as to principal and interest, and
shall be numbered separately in such manner and with any additional identification as the Bond
Registrar deems necessary for identification. Interest shall be payable on May 1, 1999, and
semiannually thereafter on the first days of November and May of each year until the Bonds
bearing such interest have been paid or their payment duly provided for. The Bonds shall be
dated as provided in Section 18 hereof and shall mature on November 1 in the years and in the
amounts to be established in Section 18 hereof.
The Bonds will be sold at public sale as provided in this ordinance. The rate or rates of
interest to be borne by the bonds shall be established by the Sale Resolution as provided herein.
Bidders have the option of designating maturities of the Bonds - as mandatory redemptions
(payable in such years in such amounts) of Term bonds maturing in a year or years to be
September 10, 1998
- 14 -
59
specified in their bids, as provided in the Notice of Sale. Such provisions, if elected, shall also
be established by the Sale Resolution.
Principal of and interest on the Bonds shall be payable solely from the Bond Fund. The
Bonds are not general obligations of the City or of the State of Washington or any political
subdivision thereof.
Section 4.
Reeistration, Exchanee and Payments.
(a) Re~istrar/Bond Re~ister. The City hereby adopts the system of registration specified
and approved by the Washington State Finance Committee, which utilizes the fiscal agencies of
the State of Washington in Seattle, Washington, and New York, New York, as registrar,
authenticating agent, paying agent and transfer agent (collectively, the "Bond Registrar"). The
Bond Registrar shall keep, or cause to be kept, at its principal corporate trust office, sufficient
books for the registration and transfer of the Bonds, which shall at all times be open to
inspection by the City. The Bond Registrar is authorized, on behalf of the City, to authenticate
and deliver the 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.
September 10, 1998
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60
The Bond Registrar shall be responsible for its representations contained in the Certificate of
Authentication on the Bonds. The Bond Registrar may become the Registered Owner of Bonds
with the same rights it would have if it were not the Bond Registrar, and to the extent permitted
by law may act as depositary for and permit any of its officers or directors to act as a member of,
or in any other capacity with respect to, any committee formed to protect the rights of Registered
Owners.
(b) Re~istered Ownership. The City and the Bond Registrar, each in its discretion,
may deem and treat the Registered Owner of each Bond as the absolute owner thereof 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 describedn Section 4(g) hereof, but
such registration may betransferred as herein provided. All such payments made as described in
Section 4(g) shall be valid and shall satisfy and discharge the liability of the City upon such
Bond to the extent of the amount or amounts so paid. The City and the Bond Registrar shall be
entitled to treat the person in whose name any Bond is registered as the absolute owner thereof
for all purposes of this ordinance and any applicable laws, notwithstanding any notice to the
contrary received by the Bond Registrar or the City.
September 10, 1998
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61
(c) DTC Acceptance/Letters of Representations. The Bonds initially issued shall 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 shall execute and deliver to DTC a Blanket Issuer
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 Bonds in respect of
the accuracy of any records maintained by DTC or any DTC participant, the payment by DTC or
any DTC partcipant of any amount in respect of the principal of or interest on the Bonds, any
notice which 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), or any consent given or other action taken by DTC as the Registered Owner. Foo 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 hereundel9-nd all references herein
to the Registered Owners shall mean DTC or its nominee and shall not mean the owners of any
beneficial interest in the Bonds.
September 10, 1998
- 17 -
62
~
If any Bond shall be duly presented for payment and funds have not been duly provided
by the City on such applicable date, then interest shall continue to accrue thereafter on the
unpaid principal thereof at the rate stated on such Bond until it is paid.
(d) Use of Deposito:ry.
(1) The Bonds shall be registered initially in the name of "Cede & Co.," as
nominee of DTC, with one Bond maturing on each ofhe maturity dates for the Bonds of
each series in a denomination corresponding to the total principal therein designated to
mature on such date. Registered ownership of such immobilized Bonds, or any portions
thereof, may not thereafter be transferred except (i) 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; (ii) to any substitute depository
appointed by the Council pursuant to subsection (2) below or such substitute depository's
successor; or (iii) to any person as provided in subsection (4) below.
(2) Upon the resignation of DTC or its successor (Olany substitute depository
or its successor) from its functions as depository or a determination by the Council to
discontinue the system of book entry transfers through DTC or its successor (or any
substitute depository or its successor), the Council may hereafter appoint a substitute
ScptcmbCr 10, 1998
- 18 -h
63
~
depository. Any such substitute depository shall be qualified under any applicable laws
to provided the services proposed to be provided by it.
(3) In the case of any transfer pursuant to clause (i) or (ii) of subsection (1)
above, the Bond Registrar shall, upon receipt of all outstanding Bonds, together wit1ll
written request on behalf of the Council, issue a single new Bond for each maturity of
such Bonds then outstanding, registered in the name of such successor or such substitute
depository, or their nominees, as the case may be, all as specified in such written request
of the Council.
(4) In the event that (i) DTC or its successor (or substitute depository or its
successor) resigns from its functions as depository, and no substitute depository can be
obtained, or (ii) the Council determines that it is in the best interest of the beneficial
owners of any of the Bonds that they be able to obtain such Bonds in the form of bond
certificates, the ownership of Bonds may then be transferred to any person or entity as
herein provided, and the Bonds shall no longer be held in fully immobilized form. The
Council shall deliver a written request to the Bond Registrar, together with a supply of
definitive Bonds, to issue Bonds as herein provided in any authorized denomination.
Upon receipt of all then outstanding Bonds by the Bond Registrar together with a written
September 10, 1998
- 19 -
64
request on behalf of the Council to the Bond Registrar, new Bonds shall be issued in such
denominations and registered in the names of sucn persons as are requested in such
written request.
(e) Transfer or Exchan~e of Re~istered Ownership; Chan~e 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 therefor, 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, mat4rity and interest rate, in any authorized denomination. The Bond Registrar
shall not be obligated to transfer or exchange any Bondluring a period beginning at the opening
September 10, 1998
- 20-
65
of business on the 15th day of the month next preceding any interest payment datand 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 notice of the call of such bonds for redemption.
(f) Registration Covenant. The City covenants that, until all Bonds have been
surrendered and canceled, it will maintain a system for recording the ownership of each Bond
that complies with the provisions of Section 149 of the Code.
(g) 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. For so long as all Bonds are 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 Letter of
Representations. Inthe 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 thmlOnth preceding
the interest payment date, and 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.
Section 5. Redemption; Purchase of Bonds.
(1) Optional Redemption. The Bonds maturing onor after November 1, 2009 are
subject to redemption prior to maturity, at the option of the City, on or after November 1, 2008,
in whole or in parton any date (and if in part with maturities to be selected by the City and by
lot within a maturity), upon written notice mailed as provided herein, at the prices set forth
below as a percentage of par, plus interest accrued thereon to the date fixed for redemption.
Redemption Date
November 1, 2008 through October 31, 2009
November 1, 2009 through October 31, 2010
November 1, 2010 and thereafter
Price
101.0%
100.5
100.0
(2) MandatoI:}' RedelT\Ption. In the event that the successful bidder for the Bonds
designates one or more maturities as Term Bonds, the Sale Resolution will provide for
mandatory redemption of such Term Bonds in accordancewith the maturity schedule set forth in
the Notice of Sale.
(3) Partial RedelT\Ption; Effect of RedelT\Ption. If less than the whole ofa
maturity is so called for redemption, the Bond Registrar shall choose by lot the Bonds to be
redeemed. In the case of a Bond of a denomination greater that$5,000, the City shall treat each
such Bond as representing such number of separate Bonds each of the denomination of $5,000 as
September 10, 1998
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67
is obtained by 'dividing the actual principal amount of such Bond by $5,000. In the event that
only a portion of the principal sum of a Bond is redeemed, upon surrender of the Bond at the
principal office of the Bond Registrar there shall be issued to the Registered Owner, without
charge therefor, for the then unredeemed balance of the principal sum thereof, at the option of
the owner, a Bond or Bonds of like maturity and interest rate in any of the denominations herein
authorized.
On or prior to any redemption date, thtCity shall deposit with the Bond Registrar an amount
of money sufficient to pay the redemption price of all the Bonds or portions of Bonds which are
to be redeemed on that date.
Upon surrender of such Bonds for redemption, such Bonds shall be paid by the Bond
Registrar at the redemption price. Installments of interest due on or prior to the redemption date
shall be payable as herein provided for payment of interest.
(4) Notice of Redemption. Notice of each optional redemption shall be given not
less than 30 nor more than 60 days prior to the date fixed for redemption, by first class mail,
postage prepaid, to the Registered Owner of any Bond to be redeemed at the address appearing
on the Bond Register.
September 10, 1998
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68
All official notices of redemption shall be dated and shall state: (a) the redemption date,
(b) the redemption price, (c) if less than all outstanding Bonds are to be redeemed, the
identification (and, in the case of partial redemption, the respective principal amounts) of the
Bonds to be redeemed, (d) that on the redemption date the redemption price will become due and
payable upon each such Bond or portion thereof called for redemption, and that interest thereon
shall cease to accrue from and after said date, and (e) the place where such Bonds are to be
surrendered for payment of the redemption price, which place of payment shall be the principal
offices of the Bond Registrar.
The requirements of this section shall be deemed to be complied with when official notice is
mailed as herein provided regardless of whether or not it is actually received by the owner of any
Bond. The Bonds so called for redemption shall, on the date specified in such notice, become
due and payable, and from and after the date so fixed for redemption (unless the City shall
default in the payment of the Bonds so called for redemption), interest on said Bonds so called
for redemption shall cease to accrue.
In addition to the foregoing notice, further notice shall be given as set out below, but no
defect in said further notice nor any failure to give all or any portion of such further notice shall
Scplcmbcr 10, 1998
- 24-
69
[,
in any manner defeat the effectiveness of a call for redemption if notice thereof is given as above
prescribed.
1. Each further notice of redemption given hereunder shall contain
the information required above for an official notice of redemption plus (i) the
CUSIP numbers of all Bonds being redeemed; (ii) the date of issue of the Bonds
as originally issued; (iii) the rate of interest borne by each Bond being redeemed;
(iv) the maturity date of each Bond being redeemed;and (v) any other descriptive
information needed to identify accurately the Bonds being redeemed.
2. Each further notice of redemption shall be sent at least 35 days
before the redemption date to Standard & Poor's Ratings Services and Moody's
Investors Service, Inc. in New York, New York, or their business successors.
3. Each further notice of redemption shall be sent at least 30 days
before the redemption date to each NRMSIR or to the MSRB and to the SID, if
any, in accordance with Section 22 of this ordinance and may be sent at least
35 days before the redemption date to all registered securities depositories then in
the business of holding substantial amounts of obligations of types comprising the
Bonds.
(5) Purchase of Bonds in Qpen Market. The City hereby reserves the right
whenever it has any surplus money in the Revenue Fund over and above any amounts necessary
to pay necessary costs of maintaining and operating the System, costs of necessary additions,
improvements and repairs thereto and extensions and replacements thereof when the same are
not to be financed by the issuance of bonds or warrants, all payments required to be made into
the Bond Fund and Reserve Account therein, all payments required to be made into other funds
September 10, 1998
- 25 -
70
or accounts out of the Revenue Fund and all payments required for any other proper purpose in
connection with the operation of the System, to use such surplus money at any time to purchase
any of the Bonds and any Future Parity Bonds in the open market for retirement.
Section 6. Execution of Bonds. TheBonds shall be executed on behalf of the City with the
manual or facsimile signature of the Mayor of the City and attested with the manual or facsimile
signature of the Clerk thereof, and the seal of the City shall be impressed or imprinted on each of
the Bonds. In case any of the officers who shall have signed or attested any of the Bonds shall
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.
Only such Bonds as shall bear thereon a Certificate of Authentication in the form set forth in
Section 7 hereof, manually executed by the Bond Registrar, shall be valid or obligatory for any
purpose or entitled to the benefits ofthis ordinance. Such Certificate of Authentication shall be
conclusive evidence that the Bonds so authenticated have been duly executed, authenticated and
delivered hereunder and are entitled to the benefits of this ordinance.
Section 7. Form of Bonds. The Bonds shall be in substantially the following form:
September 10, 1998
- 26-
71
UNITED STATES OF AMERICA
NO.
$9,600,000
STATE OF WASHINGTON
CITY OF PORT ANGELES
WATER AND WASTEWATER REVENUE REFUNDING BOND, 1998
INTEREST RATE:
CUSIP NO:
MATURITY DATE:
REGISTERED OWNER:
PRINCIPAL AMOUNT:
Dollars
The City of Port Angeles, Washington (the "City"), a municipal corporation of the State of
Washington, for value receivedhereby promises to pay to the Registered Owner identified above
on the Maturity Date identified above the Principal Amount identified 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 at the Interest Rate set forth above, such interest to be payable semiannually on the
first days of May and November of each year (commencing May 1, 1999) until the maturity of
this bond (or if default should be made in the payment of the principal hereof when the same
shall become due and payable, at the same rate of interest until the payment in full of such
principal sum).
The principal of and interest on this bond are payable solely out of the special fund of the
City known as the "1994 Water and Wastewater Utility Revenue Bond Fund" ("Bond Fund").
Both principal of and interest on this bond are payable in lawful money of the United States of
America. For so long as the bonds of this issue are 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 BlanketIssuer Letter of Representations from the City to
September 10, 1998
- 27-
"",0
(~
~.
"
The Depository Trust Company. In the event that the ,bonds of this issue are no longer in fully
immobilized form, interest on this bond shall be paid by check or draft mailed to the Registered
Owner at the address appearing, on the Bond Register on the fifteenth day of the month
preceding the interest payment date, and principal of this bond shall.. be i payable upon
presentation and surrender of this' bond by the Registered Owner. at the principal office at the
principal office of the fiscal agency of the State of Washington in either Seattle, Washington, or
New York, New York (collectively the "Bond Registrar").
Reference is hereby made to additional provisions of this bond set forth on the reverse side
hereof, and such additional provisions shall for all purposes have the same effect as if set forth
on this space.
This bond shall not be valid or become obligatory for any purpose. or be entitled to any
security or benefit under the Bond Ordinance (as hereinafter defined) 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 ~nd 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 Cityof Port Angeles, Washington, has caused this bond to be
signed by the manual or facsimile signature of its Mayor, and 'attested by the manual or facsimile
signature of its City Clerk, and the manual or facsimile seal of the City to be impressed or
imprinted hereon, all as of the 1st day of September, 1998;
CITY OF PORT ANGELES, WASHINGTON
By
Facsimile Signatur~]
[Manual or
Mayor
Attest:
September 10, 1998
- 28-
73
[:Manual or Facsimile Siinature]
City Clerk
(SEAL)
September 10, 1998
- 29-
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"r\
CERTIFICATE OF AUTHENTICATION
Date of Authentication:
This bond is one of the bonds described in the within mentioned Bond Ordinance and is one
of the Water and Wastewater Utility Revenue Refunding Bonds, 1998 of the City of Port
Angeles, Washington, dated 1, 1998.
WASHINGTON STATE FISCAL AGENCY,
Bond Registrar
By
Authorized Officer
ADDITIONAL BOND PROVISIONS
This bond is one of a series of bonds issued under authority of Ordinance No. _ passed
by the City Council on September 15, 1998 and Resolution No. of the City, (together,
the "Bond Ordinance"), for the purpose of refunding certain outstanding water and wastewater
utility revenue bonds of the City.
The City hereby covenants and agrees with the owner of this bond that it will keep and
perform all the covenants of this bond and of the Bond.Ordinance. Reference is hereby made to
the Bond Ordinance for the definitions of capitalized terms used herein.
The City does hereby pledge and bind itself to set aside from Gross Revenue and to pay
into the Bond Fund and the accounts created therein tIle various amounts required by the Bond
September 10, 1998
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7'5
Ordinance to be paid into and maintained in such fund and accounts, all within the times
provided by the Bond Ordinance.
To the extent more particularly provided by theBond Ordinance, the amounts so pledged
to be paid from Gross Revenue into the Bond Fund and accounts therein shall be a lien and
charge thereon equal in rank: to the lien and charge upon said Revenue of the am()unts required
to pay and secure the payment of a loan to the City from the State of Washington Water
Pollution Control Fund, the City's outstanding Water and Wastewater UtilitY Revenue and
Refunding Bonds, 1994, and any revenue bonds of the City hereafter issued on a parity with
such loan, such bonds and the bonds of this issue, and superior to all other liens and charges of
any kind or nature, except the Costs of Maintenance and Operation of the System.
The City has further bound itself to maintain the System in good repair, working order
and condition, to operate the same in an efficient manner and at a reasonable cost, and to
establish, maintain and collect rates and charges in each calendar year that will make available,
for the payment of the principal of and. interest on Parity Bonds outstanding as the same shall
become due, Net Revenue in an amount that will be equal to at least 1.25 times Annual Debt
Service for such year (after deducting Assessments actually collected for such year).
The pledge of Gross Revenue and other obligations of the City under the Bond
Ordinance may be discharged at or prior to the maturity or redemption of the bonds of this issue
upon the making of provision for the payment thereof on the terms and conditions set forth in
the Bond Ordinance.
Reference is made to the Bond Ordinance for a description of the Bond Fund and the
covenants and declarations of the City and other terms and conditions upon which the bonds
authorized thereby have been issued and other bonds ranking on a parity therewith may hereafter
be issued and outstanding.
This bond is a special limited obligation of the City and is not an obligation of the State of
Washington or any political subdivision thereof other than theCity, and neither the full faith and
credit nor the taxing power of the City or the State of Washington is pledged to the payment of
this bond.
September 10, 1998
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76
The bonds maturing on or after November 1, 2009 are subject to redemption prior to
maturity, at the option of the City, on or after November 1, 2008, in whole or in part on any
date, (and if in part within maturities to be selected by the City and by lot within a maturity) at
the prices set forth below as a percentage of par together with the interest accrued thereon to the
date fixed for redemption.
Redemption Date
November 1, 2008 through October 31, 2009
November 1, 2009 through October 31, 2010
November 1, 2010 and thereafter
Price
101.0%
100.5 %
100.0%
[If not redeemed under the optional redemption provisions set forth above, the bonds
maturing on November 1, 20_ shall be redeemed by lot (in such manner as the Bond Registrar
shall determine) or paid at maturity, at par plus accrued interest, on 1 in years and
amounts as follows:
Years
Amounts
* Final Maturity]
September 10, 1998
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77
Written notice of redemption shall be given 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 the bonds
to be redeemed in whole or in part at their last addresses, if any, appearing on the Bond Register,
but failure to receive any such notice shall not affect the validity of the proceedings for
redemption of bonds. Notice of redemption having been given by mailing, as aforesaid, the
bonds so called for redemption shall on the date specified in such notice become due and
payable at the applicable redemption price herein provided, and from and after the date so fixed
for redemption (unless the City shall default in the payment of the bonds so called for
redemption) interest on said bonds so called for redemption shall cease to accrue.
Portions of the principal sum of this bond in increments of $5,000 or any integral multiple
thereof may be redeemed, and if less than all of the principal sum hereof is to be redeemed, in
such case upon the surrender of this bond at the principal office of the Bond Registrar, there
shall be issued to the Registered Owner, without charge therefor, for the then unredeemed
balance of the principal sum hereof, fully registered bonds of like series, maturity and interest
rate in any of the denominations authorized by the Bond Ordinance.
Bonds are interchangeable for bonds of any authorized denomination of equal aggregate
principal amount and of the same interest rate and maturity upon presentation and surrender to
the Bond Registrar.
The Bond Registrar shall not be required to issue, register, transfer or exchange any of the
bonds during a period beginning at the opening of business on the 15th day of the month next
preceding any interest payment date and endingat the close of business on such interest payment
date.
ASSIGNMENT
FOR VALUE RECEIVED, the undersigned hereby sells, assigns and transfers unto
PLEASE INSERT SOCIAL SECURITY OR T AXPA YER IDENTIFICATION NUMBER OF
TRANSFEREE
September 10, 1998
- 33 -
1""18
, .
~--
(Please print or typewrite name and address, including zip code, of Transferee)
the within bond and does hereby irrevocably constitute and appoint
as attorney-in-fact to transfer
said bond on the books kept fot registration thereof with full power of substitution in the
premises.
DATED:
'-'
SIGNATURE GUARANTEED:
NOTICE: Signature(s) must be
guaranteed pursuant to law.
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.
Section 8. Application of Bond Proceeds; Advance Refundinl: Account There is hereby
authorized and established a special account of the City to be maintained with the Escrow Agent
(as hereinafter defined) to be known as the "City of Port Angeles 1998 Water and Wastewater
Utility Revenue Bond Advance Refunding Account" (the "Advance Refunding Account"), which
September 10, 1998
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79
account shall be drawn upon for the sole purpose of paying the principal of and interest on the
Refunded Bonds and of paying costs related to issuance of the Bonds and refunding the
Refunded Bonds. The proceeds of sale of the Bonds (exclusive of accrued interest thereon,
which shall be paid into the Bond Fund) shall be depositedinto the Advance Refunding Account
to refund the Refunded Bonds, as authorized by Ordinance No. 2843, and to pay costs of
issuance of the Bonds.
The call for redemption of the Refunded Bonds shall be set forth and the plan of refunding
the Refunded Bonds shall be ratified and confirmed in the Sale Resolution.
,
Money in the Advance Refunding Account shall be used immediately upon receipt
thereof to defease the Refunded Bonds and discharge the other obligations of the City relating
thereto under Ordinance No. 2843 of the City, by providing for the payment of the principal of
and interest on the Refunded Bonds as set forth below. The City shall defease such bonds and
discharge such obligations by the use of the money in the Advance Refunding Account to
purchase certain "Government Obligations" as such obligations are defined in Chapter 39.53
RCW as now or hereafter amended (which obligations so purchasedfU"e herein called "Acquired
Obligations"), bearing such interest and maturing as to principal and interest in such amounts
Seplembcr 10, 1998
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80
and at such times which, together with any necessary beginning cash balance, will provide for
the payment of:
(a) The interest on the Refunded Bonds due and payable on and prior to
November 1, 2004; and
(b) The redemption price (101 % of the principal amount) payable on
November 1, 2004, of the Refunded Bonds.
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.
In order to carry out the advance refunding and defeasance of the Refunded Bonds, the
Finance Director is hereby authorized to appoint as escrow agent a bank or trust company
qualified by law to perform the duties described herein (the "Escrow Agent"). Any beginning
cash balance and the Acquired Obligations shallbe irrevocably deposited with the Escrow Agent
in an amount sufficient to defease and redeem the Refunded Bonds in accordance with this
Section 8 and the Sale Resolution. Any amounts described in subparagraphs (a) and (b) of this
Section 8 that are not provided for in full by such beginning cash balance and the purchase and
deposit of the Acquired Obligations described in this section shall be provided for by the
September 10, 1998
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irrevocable deposit of the necessary amount out of the proceeds of sale of the Bonds or any other
money of the City legally available therefor with the Escrow Agent. The proceeds of the Bonds
remaining in the Advance 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 the cost~f issuing the Bonds. The
City may, from time to time, transfer, or cause to be transferred, from the Advance Refunding
Account any money not thereafter required for the purposes set forth in subparagraphs (a) and
(b) 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.
The City will take such actions as are found necessary to see that all necessary and proper
fees, compensation 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 stating that such
September 10, 1998
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82
provisions for the payment of the fees, compensation and expenses of such Escrow Agent are
satisfactory to it. Such agreement shall be in substantially the form set forth in Exhibit\.
attached to this ordinance and incorporated herein by this reference. The Mayor or her designee
is authorized and directed to execute and deliver such agreement on behalf of the City.
In the Sale Resolution, the Council shall set forth its findings of savings and defeasance with
respect to the Refunded Bonds.
Section 9. Rate Stabilization Fund. Pursuant to Section 13 of Ordinance No. 2843~
special fund of the City designated the "Water and Wastewater Rate Stabilization Fund" (the
"Rate Stabilization Fund ") has heretofore been established in anticipation of future increases in
revenue requirements of the System. In accordance with the provisions of Section 14 of
Ordinance No. 2843 and Section 10 of this ordinance, the City may from time to time
appropriate or budget amounts in the Revenue Fund for deposit in the Rate Stabilization Fund
and may from time to time withdraw amounts therefrom for deposit in the Revenue Fund to
prevent or mitigate water and wastewater rate increases or for other lawful purposes of the City
related to the System.
Section 10. Revenue Fund. The City hereby obligates and binds itself to pay all Gross
Revenue as collected into the Revenue Fund. The money in the Revenue Fund shall be held
September 10, 1998
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83
separate and apart from all other funds and accounts of the City. The Gross Revenue deposited
in the Revenue Fund shall be used only for the following purposes and in the following order of
priority:
FIRST, to pay the Costs of Maintenance and Operation and to maintain a balance
in the Revenue Fund sufficient in amount. to enable the City to continuously meet Costs of
Maintenance and Operation on a current basis;
SECOND, to make all payments required to be made into the Bond Fund to pay
the interest on any Parity Bonds;
THIRD, to make all payments required to be made into the Bond Fund to pay the
maturing principal of any Serial Bonds and to make all payments required to be made into the
Bond Fund to satisfy the Sinking Fund Requirement;
FOURTH, to make all payments required to be made pursuant to a
reimbursement agreement or agreements (or other equivalent documents) in connection with
Qualified Insurance or a Qualified Letter of Credit; provided that if theres not sufficient money
to make all payments under reimbursement agreements the payments will be made on a pro rata
basis;
September 10, 1998
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84
FIFTH, to make all payments required to be made into the Reserve Account to
secure the payment of the principal of and interest on outstanding Parity Bonds;
SIXTH, to make all payments required by the DOE Loan Agreement to be made
into the Emergency Repair and Replacement Fund of the System;
SEVENTH, to make all payments required to be made into any revenue bond
redemption fund, revenue warrant redemption fund, debt service account, reserve account or
bond retirement account created to pay and secure the payment of the principal of and interest on
any revenue bonds, or revenue warrants or other revenue obligations of the City having a lien
upon Gross Revenue junior and inferior to the lien thereon for the payment of the principal of
and interest on the Parity Bonds; and
EIGHTH, to retire by redemption or purchase in the open marketny outstanding
water and wastewater revenue bonds, water and wastewater revenue warrants or other water and
wastewater revenue obligations of the City, to make necessary additions, betterments,
improvements and repairs to or extensions and replacements of the System, to make deposits
into the Rate Stabilization Fund, orfor any other lawful City purposes.
Section 11. Bond Fund. Pursuant to Section 15 of Ordinance No. 2843, there has
heretofore been created in the office of the City Treasurer a fund othe City known as the "1994
Sc:ptcmber 10, 1998
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85
Water and Wastewater Utility Revenue Bond Fund" (the "Bond Fund"), which fund is to be
drawn upon for the sole purpose of paying the principal of, premium if any, and interest on any
Parity Bonds. The money in theBond Fund shall be kept separate and apart from all other funds
and accounts of the City.
A. Debt Service Account. A special account known as the Debt Service Account has
been created in the Bond Fund for the purpose of paying the principal of, premium, if any, and
interest on the Parity Bonds.
As long as any of the Bonds remain outstanding, the City hereby irrevocably obligates
and binds itself to set aside and pay from the Revenue Fund into the Debt Service Account, on or
before the date due, those amounts necessary, together with Gross Revenue collected and
deposited and such other money as is on hand and available therefor in the Debt Service
Account, to pay the interest or principal and interest next coming due on the outstanding Bonds.
The City covenants and agrees that in the event it issues any future Parity Bonds that are Tm
I
Bonds, it will provide in each ordinance authorizing the issuance of the same for annual
payments to be made from the Revenue Fund into the Debt Service Account sufficient together
with Gross Revenue collected and deposited and such other money as is on hand and available
September 10, 1998
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86
therefor in such account to amortize the principal of future Parity Bonds which are Term Bonds
on or before the maturity date thereof.
B. Reserve Account. A Reserve Account has been created in the Bond Fund for the
purpose of securing the payment of the principal of and interest on the Bonds and any Future
Parity Bonds. The City hereby covenants and agrees that it will pay into the Reserve Account
from Bond proceeds a sum equal to the Reserve Account Requirement for the Bonds or will
satisfy such requirement by obtaining Qualified Insurance.
The City further covenants and agrees that in the event it issues any Future Parity Bonds
it will provide in each ordinance authorizing the issuance of such Future Parity Bonds that on or
prior to the date of issuance of such Future Parity Bonds money shall be deposited into the
Reserve Account, from proceeds of such Bonds or other funds available therefor, so that the total
amount of money in the Reserve Account will at least equal the Reserve Account Requirement.
The City may substitute Qualified Insurance or a QualifiedLetter of Credit for amounts required
to be deposited into the Reserve Account. Such Qualified Letter of Credit or Qualified
Insurance shall not be cancellable on less than 5 years notice. In the event of any cancellation,
the Reserve Account shall be funded in accordance with the provisions of this section providing
September 10, 1998
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87
for payment in the event of a deficiency therein, as if the Parity Bonds that remain outstanding
had been issued on the date of such notice of cancellation.
The City further covenants and agrees that when the required deposits have been made into
the Reserve Account, it will at all times maintain therein an amount at least equal to the Reserve
Account Requirement, as redetermined in each calendar year with respect to the bonds secured
by such Reserve Account. Whenever there is a sufficient amount in the Bond Fund, including
all accounts therein, to pay the principal of, premium, if any, and interest on all outstanding
Parity Bonds, the money in the Reserve Account may be used to pay the principal of, premium,
if any, and irterest on the Parity Bonds secured thereby. Money in the Reserve Account may
also be withdrawn to redeem and retire, and to pay the premium, if any, and interest due to such
date of redemption, on the outstanding Parity Bonds secured by such Reserve Account, as long
as the money remaining on deposit in such Reserve Account is at least equal to the Reserve
Account Requirement determined with respect to the Parity Bonds then outstanding.
In the event the Bonds outstanding are ever refunded, the money set aside in the Reserve
Account to secure the payment thereof may be used to retire Bonds or may be transferred to any
other reserve account that may be created to secure the payment of any bonds issued to refund
the Bonds.
Seplember 10, 1998
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88
In the event there shall be a deficiency in the Debt Service Account to meet maturing
installments of either interest on or principal of and interest on the outstanding Parity Bonds
payable out of such Account, such deficiency shall be made urfrom the Reserve Account by the
withdrawal of money therefrom and by the sale or redemption of obligations held iDhe Reserve
Account, if necessary, in such amounts as will provide cash in the Reserve Account sufficient to
make up any such deficiency, and if a deficiency still exists immediately prior to an interest
payment date and after the withdrawal of cash, the City shall then draw from any Qualified
Letter of Credit, Qualified Insurance, or other equivalent credit facility in sufficient amount to
make up the deficiency. Such draw shall be made at such times and under such conditions as the
agreement for such Qualified Letter of Credit oISuch Qualified Insurance shall provide. If more
than one Qualified Letter of Credit or Qualified Insurance is available, draws shall be made
ratably thereon to make up the deficiency. Any deficiency created in the Reserve Account by
reason of any such withdrawal shall then be made up from money in the Revenue Fund first
available after making the payments required to be made under paragraphs "FIRST" through
"FOURTH" of Section 10 of this ordinance.
C. Lien of Bond Fund. The Bonds, together with the interest thereon, shall be payable
from Gross Revenue, and such Gross Revenue is hereby pledged and set aside out of the
ScpIcmbcr 10, 1998
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89
Revenue Fund into the Bond Fund. Said amounts so pledged are hereby declared to be a lien
and charge upon Gross Revenue and the money in the Revenue Fund equal to the lien and charge
thereon to secure and pay the principal of and interest on the Revolving Fund Loan and any
Future Parity Bonds and superior to all other charges of any kind or nature, except the Costs of
Maintenance and Operation.
D. Investment of Money in Bond Fund. All money in the Debt Service Account or
Reserve Account may be kept in cash or invested in Permitted Investments maturing not later
than the last maturity of the Bonds outstanding at the time of such purchase. Interest earned on
or profits made from the sale of such investments shall be deposited in and become a part of the
Revenue Fund.
Section 12. Covenants and Aa=reements. The City hereby covenants with the owner of
each of the Bonds for as long as any of the same remain outstanding as follows:
A. Rates and Chat:ies. The City covenants thatit will establish, maintain and
collect lawful rates and charges for the use of the services and facilities of the System, and shall
adjust such rates and charges from time to time so that:
(1) Gross Revenue will at all times be sufficient (a) to pay all Costs of
Maintenance and Operations and to pay all. taxes, assessments or other governmental
Scptcmbcr 10, 1998
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charges lawfully imposed on the System or the revenue therefrom or payments in lieu
thereof and any and all other amounts that the City may now be and hereafter become
obligated to pay from Gross Revenue by law or contract, including payments other than
debt service required under the DOE Loan Agreement; and, together with Assessments
actually collected, (b) to pay the principal of and interest on all outstanding Parity Bonds
as and when the same become due and payable, to make all payments required to be
made into the Bond Fund to satisfy the Sinking Fund Requirement, and to make when
due all payments required to be made into the Reserve Account.
(2) The Net Revenue in each calendar year will equal at least
1.25 times Annual Debt Service for such year (after deducting Assessments actually
collected for such year). For the purpose of meeting the requirement of this paragraph
there may be added to Net Revenue for any calendar year any amount withdrawn from
the Rate Stabilization Fund and deposited in the Revenue Fund. There shall be
subtracted from Net Revenue for any calendar year any amounts in such year withdrawn
from the Revenue Fund and deposited into the Rate Stabilization Fund in such calendar
year.
September 10, 1998
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91
B. Maintenance of System. The City covenants that it will at all times keep and
maintain the System in good repair, working order and condition, and will at all times operate
the same and the business in connection therewith in an efficient manner and at a reasonable
cost.
C. Sale or Di&position of the System. The City will not selhr otherwise dispose
of the System in its entirety unless simultaneously with such sale or other disposition, provision
is made for the payment into the Bond Fund of cash or "Government Obligations," as now or
hereafter defined in RCW Chapter 39.53, as amended, or its successor statute, if any, sufficient
together with interest to be earned thereon to pay the principal of and interest on the then
outstanding Parity Bonds, nor will it sell or otherwise dispose of any part of the useful operating
properties of the System unless such facilitiesare replaced or provision is made for payment into
the Bond Fund of the greater of:
(1) An amount that will be in the same proportion to the net amount of
Parity Bonds then outstanding (defined as the total amount of the Parity Bonds less the
amount of cash and investments in the Bond Fund and accounts therein) that the Net
Revenue from the portion of the System sold or disposed of for the preceding year bears
to the total Net Revenue for such period; or
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J
(2) An amount that will be in the same proportion to the net principal
amount of Parity Bonds then outstanding. that the book value of the part of the System
sold or disposed of bears to the book value of the entire System immediately prior to
such sale or disposition.
The proceeds of any such sale or disposition of a portion of the properties of the System (to
the extent required above) shall be paid into the Bond Fund.
Notwithstanding any other provision of this subsection, the City may sell or otherwise
dispose of any of the works, plant, properties and facilities of the System or any real or personal
property comprising a part of the same with a value less than 2 % of the net utility plant of the
System or which shall have become unserviceable, inadequate, obsolete or unfit to be used in the
operation of the System, or no longer necessary, material to or useful in such operation, without
making any deposit into the Bond Fund.
D. Collection of Assessments. The City shall promptly collect all Assessments
levied in any utility local improvement district nowor hereafter created to secure the payment of
the principal of and interest on the Parity Bonds and shall pay the same into the Bond Fund
without allocation of such Assessments to any particular series of Parity Bonds. It is hereby
provided further, however, that nothing in this ordinance or in this subsection shall be construed
September 10, 1998
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93
to prohibit the City from issuing revenue bonds having a lien on Gross Revenue junior to the lien
on such revenue for the payment of the principal of andnterest on Parity Bonds and pledging as
security for the payments of such junior lien bonds assessments levied in any utility local
improvement district that may have been created to pay part or all the cost of improvements to
the System for which such junior lien revenue bonds were specifically issued.
E. Books and Accounts. The City covenants that it will maintain complete
books and records relating to the operation of the System and its financial affairs, and will cause
such books and records to be audited annually, and cause to be prepared an annual financial and
operating statement, said statement to be mailed to any owner of Parity Bonds upon request.
F. Insurance. The City covenants that it will carry fire and extended coverage
insurance on the System as is ordinarily carried on the property of similar public utilities by
other municipal corporations engaged in the operation of the same, to the full insurable value
thereof, and will also carry adequate public liability insurance and other kinds of insurance as
under good practices are ordinarily carried on the properties of similar public utilities by private
companies engaged in the operation of the same; provided, however, that the City may if
deemed necessary and advisable by the Council, institute or continue a self-insurance program
Scptcmbcr 10, 1998
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with respect to any or all of the aforementioned risks. The premiums paid Jor all such insurance
shall be regarded and paid as a Cost of Maintenance and Operation.
G. Delinquencies. The City covena.nts that it will promptly collect all service
charges and Assessments, determine in a timely manner all delinquencies, and take all necessary
legal action to enforce collection of such delinquencies.
H. No Free Service. Except as permitted by law, the City will not furnish any
service of the System to any customer whatsoever free of charge.
Section 13. Tax Covenants; Special Desienation. The City will not make any use of the
proceeds of the Bonds or any other money or obligations held under this ordinance for any
purpose, nor shall the City take any other action, that would cause any Bond to .be (i) an
"arbitrage bond" within the meaning of Section 148 of the Code and the applicable regulations
thereunder, or (ii) a "private activity bond" under Section 141 of the Code and the applicable
regulations thereunder.
Section 14. Arbitra&e Rebate. The City covenants and agrees to pay the Rebate Amount,
if any, to the United States of America at the times and in the amounts necessary to meet the
requirements of the Code to maintain the federal income tax exemption for interest payments on
the Bonds, in accordance with the Arbitrage and Tax Certification.
Scptcmbor 10, 1998
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95
Section 15. AdeQJ1acy of Revenues. The Council hereby declares that in fixing the
amounts to be paid into the Bond Fund as hereinbefore provided it has exercised due regard for
the Costs of Maintenance and Operation and has not obligated the City to set aside and pay into
the Bond Fund a greater amount of money in the Revenue Fund than in its judgment will be
available over and above such Costs of Maintenance and Operation.
Section 16. Defeasance. In the event that money and/or Government Obligations (as
defined in Chapter 39.53 RCW, as amended, or its successor statute), maturing at such time or
times and bearing interest to be earned thereon in amounts (together with such money, if
necessary) sufficient to redeem and retire the Bonds or any of them in accordance with their
terms are set aside in a special account to effectsuch 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 the owners of such
Bonds shall cease to be entitled to any lien, benefit or security of this ordinance except for the
right to receive the money so set aside and pledged, and such Bonds shall be deemed not to be
outstanding hereunder. Within 30 days of any defeasance of Bonds, the City shall provide
Seplembcr 10, 1998
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96
I
~
'\
notice of defeasance of Bonds to registered owners and to each NRMSIR and SID, if any, in
accordance with Section 20 hereof.
Section 17. Issuance of Future Parity Bonds. The City hereby further covenants and
agrees with the owners of the Bonds for as long as any of the same remain outstanding as
follows:
A. That it will not issue any bonds with a lien on Gross Revenue superior to the
lien on such revenues of the Bonds. The City may issue Future Parity Bonds for:
First, the purpose of acquiring, constructing and installing additions and improvements to and
extensions of,. acquiring necessary equipment for, or making necessary replacements or repairs
and capital improvements to the System; or
Second, the purpose of refunding or purchasing and retiring at or prior to their
maturity any outstanding revenue bonds or other obligations payable out of Gross Revenue;
and to pledge that payments be made into the Bond Fund for the payment of the principal
thereof and interest thereon out of the Revenue Fund sufficient to pay the principal of and
interest on such Future Parity Bonds and to maintain .the reserves required therefor, which such
payments may rank equally with the payments out of such Revenue Fund into the Bond Fund
September 10, 1998
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and the Reserve Account to pay and secure the payment of the principal of and interest on any
Parity Bonds then outstanding, upon compliance with the following conditions:
(1) That at the time of the issuance of such Future Parity Bonds there
is no deficiency in the Bond Fund and the Reserve Account.
(2) If there are special assessments levied in any utility local
improvement district in which additions and improvements to and extensions of the
System will be constructed from the proceeds of such Future Parit)Bonds, the ordinance
authorizing such Future Parity Bonds shall require that such special assessments be paid
into the Bond Fund.
(3) If there are special assessments pledged to be paid into a warrant
or bond redemption fund for revenue bonds or warrants being refunded by Future Parity
Bonds, the ordinance authorizing such Future Parity Bonds shall require such special
assessments to be used for the refunding or paid into the Bond Fund.
(4) The principal of and interest on the Future Parity Bonds shall be
payable out of the Bond Fund, and the ordinance authorizing their issuance shall further
provide for payments into the Bond Fund to satisfy the Sinking Fund Requirement and
..
Seplembcr 10, 1998
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98
payments into the Reserve Account to satisfy the Reserve Account Requirement, all as
required by Section 11 of this ordinance.
(5) Prior to the delivery of any Future Parity Bonds, the City shall
have on file in the office of the City Clerk a certificate of a Professional Utility
Consultant showing: that the Net Revenue determined and adjusted as hereafter provided
for each calendar or fiscal year after the issuance of such Future ,Parity Bonds (the
"Adjusted Net Revenue") will equal at least 1.25 times the Annual Debt Service (after
deducting Assessments, allocated to the years in which they would be received if the
unpaid balance of each assessment roll were paid in the remaining number of
installments with interest on the declining balance at the times and at thtrate provided in
the ordinance confirming the assessment roll) for each such calendar or fiscal year for all
Parity Bonds plus the Future Parity Bonds proposed to be issued.
The Adjusted Net Revenue shall be the Net Revenue for a period of any 12
consecutive months out of the 24 months immediately preceding the date of delivery of such
proposed Future Parity Bonds as adjusted by such Professional Utility Consultant to take into
consideration changes in Net Revenue estimated to occur under the following conditions for
September 10, 1998
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each year after such delivery for so long as any Parity Bonds, including the Future Parity Bonds
proposed to be issued, shall be outstanding:
(i) The additional Net Revenue that would have been received if any change
in rates and charges adopted prior to the date of such certificate and subsequent to the
beginning of such 12-month period, had been in force during the full 12-month period;
(ii) The additional Net Revenue that would have been received if any facility
of the System that became fully operational after the beginning of such 12-month period
had been so operating for the entire period; and
(iii) The additional Net Revenue estimated by such Professional Utility
Consultant to be received as a result of any additions, betterments and improvements to
and extensions of any facilities of the System that are (a) under construction at the time
of such certificate or (b) will be constructed from the proceeds of the Future Parity
Bonds to be issued.
Such Professional Utility Consultant may rely upon, and his or her certificate shall have
attached thereto, financial statements of the System certified by the City Treasurer showing
income and expenses for the period upon which the same is based.
September 10, 1998
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The certificate of such Professional Utility Consultant shall be conclusive and the only
evidence required to show compliance with the provisions and requirements of this
subsection (5).
B. Notwithstanding the foregoing requirement, if Future Parity Bonds are to be issued
for the purpose of refunding at or prior to their maturity any part or all of the then outstanding
Parity Bonds and the issuance of such refunding Future Parity Bonds will result in a debt service
savings and does not require an increase of more than $5,000 in any fiscal or calendar year for
principal of and interest on such refunding Future Parity Bonds over and above the amount
required in such year for the principal of and interest on the bonds being refunded thereby, the
condition stated in subsection A(5) of this section need not be met.
C. Nothing herein contained shall prevent the City from issuing any revenue
bonds, warrants or other obligations that are a charge upon the money in the Revenue Fund
junior or inferior to the payments required by this ordinance to be made into the Bond Fund and
the Reserve Account.
Section 18. Public Sale of Bonds
The Bonds shall be sold by public sale at _ o'clock A.M., Seattle time, on October 6,
1998, or at such other time and date as the Finance Director shall direct. The sale shall be
September 10, 1998
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conducted substantially in accordance with the provisions of this Section 18 and the Notice of
Bond Sale.
The Financial Advisor and Finance Director are hereby authorized and directed to prepare an
official Notice of Bond Sale, which Notice shall establish the date, principal amounts, and
maturity schedule for the Bonds and other terms of the Bonds consistent with this ordinance, so
long as the aggregate principal amount of the Bonds does not exceed $9,600,000. The Notice
shall be ratified and confirmed by the Sale Resolution. The official Notice of Sale or an
abridged form thereof shall be published in such newspapers or financial journals as may be
deemed desirable or appropriate by the Financial Advisor to the City.
The Bonds shall be sold at a price not less than 98 % of the principal amount thereof plus
accrued interest to the date of delivery and the bids shall be for no less than all of the Bonds.
The Bonds shall be sold to the bidder offering to purchase them at the lowest true interest cost to
the City.
Bids for the purchase of the Bonds shall be received on behalf of the City by the Financial
Advisor at the offices of Preston Gates & Ellis LLP, bond counsel to the City, located at 701
Fifth Avenue (Floor 50), Seattle, Washington, until the time set forth above, whereupon said
bids shall be opened, read and mathematically verified. Such bids shall then be considered and
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September 10, 1998
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acted upon by the Council in an open public meeting. The Council reserves the right to reject
any and all bids for the Bonds. The Council by the Sale Resolution shall accept a pid for the
Bonds and establish the date, principal amount, maturity schedule, interest rates, and other terms
of the Bonds, call the Refunded Bonds for redemption and ratify and confirm the plan of
refunding the Refunded Bonds.
All bids shall be accompanied by surety bond or cashier's or certified check, as a good faith
deposit, made payable to the order of the City, in an amount to be determined by the Finance
Director in consultation with the Financial Advisor. The good faith check or surety bond of the
successful bidder shall be security for the performance of its bid and shall be held as liquidated
damages in case the successful bidder fails to take up and pay for the Bonds within 45 days if
tendered for delivery.
The City reserves the right to waive any irregularity or informality in any bid.
Following the sale of the Bonds, the City shall cause definitive Bonds to be prepared,
executed and delivered, which Bonds shall be lithographed or printed with engraved or
lithographed borders.
September 10, 1998
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103
The proper City officials are hereby authorized and directed to do everything necessary for
the prompt issuance, execution and delivery of the Bonds to the successful bidder and for the
proper use and application of the proceeds of such sale.
Section 19. Preparation of PreliminaQ' Official Statement. The Financial Advisor and
Finance Director are hereby authorized to compile the materials necessary and prepare the
Preliminary Official Statement in conjunction with the offer of the Bonds. The Council will
consider and be prepared to deem the Preliminary Official Statement "final," pursuant to
Securities and Exchange Commission Rule 15c2-12, in the Sale Resolution.
Section 20. Undertakina= to Provide Ona=oina= Disclosure. The City will provide for
compliance with Section b(5) of the Rule by committing to a written undertaking in the Bond
Sale Resolution.
Section 21. Municipal Bond Insurance. In the Sale Resolution, the Council may provide
for the Bonds to be insured by a municipal bond insurance company under terms and conditions
to be set forth therein.
Section 22. Supplements and Amendments.
September 10, 1998
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L
A. The Council from time to time and at any time may adopt an ordinance or ordinances
supplemental hereof, which ordinance or ordinances thereafter shall become a part of this
ordinance, for anyone or more or all of the following purposes:
(1) To add to the covenants and agreements of the City in this ordinance other
covenants and agreements thereafter to be observed, which shall not adversely affect the
interests of the owners of any Bonds or any Parity Bonds in any material respect, or to
surrender any right or power herein reserved to or conferred upon the City.
(2) To make such provisions for the purpose of curing any ambiguities or of
curing, correcting or supplementing any defective provision contained in this ordinance
in regard to such matters or questions as the Council may deem necessary or desirable
and not inconsistent with this ordinance and which shall not adversely affect the interests
of the owners of any Bonds or any Parity Bonds in any material respect.
(3) To amend or supplement any provision contained in this ordinance for the
purpose of obtaining or maintaining a rating on the Bonds so long as such amendment or
supplement is not inconsistent with this ordinance and will not adversely affect the
interests of the owners of any Bonds or any Parity Bonds in any material respect.
September 10, 1998
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105
Any such supplemental ordinance of the Council may be adopted without the consent of the
owners of any Bonds at any time outstanding, notwithstanding any of the provisions of
subsection B of this section; provided, however, that the City shall obtain an opinion of
nationally recognized bond counsel to the effect that such supplemental ordinance complies with
this subsection A and will not adversely affect the interests of the owners of any. Bonds or any
Parity Bonds in any material respect.
B. With the consent of the owners of not less than 65 % in aggregate principal amount of
the Parity Bonds at the time outstanding, the Council may adopt an ordinance or ordinances
supplemental hereto for the purpose of adding any provisions to or changing in any manner or
eliminating any of the provisions of this ordinance or of any supplemental ordinance; provided,
however, that no such supplemental ordinance shall:
(1) Extend the fixed maturity of any Parity Bonds, or reduce the rate of
interest thereon, or extend the time of payments of interest from their due date, or reduce
the amount of the principal thereof, or reduce any premium payable on the redemption
thereof, without the consent of the owner of each bond so affected; or
September 10, 1998
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lJIDi
(2) Reduce the aforesaid percentage of bond owners required to approve any
such supplemental ordinance, without the consent of the owners of all of the Parity
Bonds then outstanding.
It shall not be necessary for the consent of bond owners under this subsection B to approve
the particular form of any proposed supplemental ordinance, but it shall be sufficient if such
consent shall approve the substance thereof.
C. Upon the adoption of any supplemental ordinance pursuant to the provisions of this
section, this ordinance shall be deemed to be modified and amended in accordance therewith,
and the respective rights, duties and obligations of the City under this ordinance and all owners
of Bonds outstanding hereunder shall thereafter be determined, exercised and enforced
thereunder, subject in all respects to such modification and amendments, and all the terms and
conditions of any such supplemental ordinance shall be deemed to be part of the terms and
conditions of this ordinance for any and all purposes.
Section 23. Lost or Destroyed Bonds. In case any Bonds shall be lost, stolen or destroyed,
the Bond Registrar may authenticate and deliver a new Bond or Bonds of like amount, date and
tenor to the Registered Owner thereof upon the owner paying the expenses and charges of the
Bond Registrar and the City in connection therewith and upon his or her filing with the Bond
September 10, 1998
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107
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 thereof, and upon furnishing the City and the
Bond Registrar with indemnity satisfactory to both.
Section 24. Severability. If anyone or more of the covenants and 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 in this ordinance and shall in no way affect the validity of the other provisions of
this ordinance or of any Bonds.
Section 25. Effective Date. This ordinance shall become effective five days from and after
its passage, approval and publication.
Scplemher 10, 1998
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108
PASSED by the City Council of the City of Port Angeles, Washington, at a regular meeting
of said Council held this ISh day of September, 1998.
CITY OF PORT ANGELES, WASHINGTON
By
Mayor
Attest:
By
City Clerk
(SEAL)
Seplcmhcr 10, 1998
- 64-
109
EXHIBIT" A"
ESCROVVAGREEMENT
entered into as of the day of
and between the City of Port Angeles,
, VV ashington
THIS ESCROVV AGREEMENT, made and
, 1998 (the "Agreement"), by
VVashington (the "City"), and
(the "Escrow Agent");
VVITNESSETH:
VVHEREAS, the City, pursuant to Ordinance No. 2843 of the City, passed on October 18,
1994, issued and sold its $10,000,000 VVater and VVastewater Utility Revenue and Refunding
Bonds, 1994 (the "1994 Bonds"); and
VVHEREAS, the City by Ordinance No. _, passed on September 15, 1998 and
Resolution No. _ of the City Council, adopted on , 1998 (together, the "Bond
Ordinance"), has determined to refund the outstanding 1994 Bonds maturing on and after
November 1, 2005 (the "Refunded Bonds"), by the issuance of its VVater and VVastewater Utility
Revenue Refunding Bonds, 1998 (the "Refunding Bonds"); and !
VVHEREAS, the Escrow Agent has reviewed the Bond Ordinance and this
Agreement, and is willing to serve as Escrow Agent hereunder; and
VVHEREAS, , , Certified Public Accountants, of
Seattle, VVashington, have prepared a verification report dated , 1998 (the
"Verification Report") relating to the source and use of funds available to accomplish the
refunding of the Refunded Bonds, the investment of such funds and the adequacy of such funds
and investments to provide for the payment of the debt service due on the Refunded Bonds; and
VVHEREAS, the City by the Bond Ordinance has duly authorized the execution and delivery
of this Agreement and has designated the Refunded Bonds for redemption prior to their
scheduled maturity dates; and
(
Exhibit "A" - Page 1
110
WHEREAS, the City desires that, concurrently with the delivery of the Refunding Bonds to
the purchasers thereof, the proceeds of the Refunding Bonds, together with certain other
available funds of the County, shall be applied to purchase certain direct obligations of the
United States of America hereinafter defined as the "Escrowed Securities" for deposit to the
credit of the Refunding Account created pursuant to the term!Df this Agreement and to establish
a beginning cash balance (if needed) in such Refunding Account; and
.,,/'
WHEREAS, the Escrowed Securities shall mature and the interest thereon shall be payable at
such times and in such amounts so as to provide money that, together with cash balances from
time to time on deposit in the Refunding Account, will be sufficient to pay:
(a) the interest on the Refunded Bonds due and payable on and prior to
November 1, 2004; and
(b) the redemption price (101 % of the principal amount) payable on
November 1, 2004, of the Refunded Bonds;
NOW, THEREFORE, in consideration of the mutual undertakings, promises and agreements
herein contained, the sufficiency of which hereby are acknowledged, and to secure the full and
timely payment of the principal of and interest on the Refunded Bonds, the City and the Escrow
Agent mutually undertake, promise and agree for themselves and their respective representatives
and successors, as follows:
Article 1. Definitions.
Section 1.1. Definitions.
Unless the context clearly indicates otherwise, the following terms shall have the meanings
assigned to them below when they are used in this Agreement:
"Escrowed Securities" means the noncallable Government Obligations described in
Appendix A attached to this Agreement, or cash or other noncallable obligations substituted
therefor pursuant to Section 4.1 of this Agreement.
Exhibit" A" - Page 2
111
"Government Obligations" . means direct, noncallable (a) United States Treasury Obligations,
(b) United States Treasury Obligations - State and Local Government Series ("SLGS"), (c) non-
prepayable obligations that are unconditionally guaranteed as to full and timely payment of
principal and interest by the United States of America or (d) REFCORP debt obligations
unconditionally guaranteed by the United States. Securities described in (c) shall be limited to
those securities that are defined as government obligations by Section 39.53.010(9), Revised
Code of Washington.
"Paying Agent" means the fiscal agency of the State of Washington, as the paying agent for
the Refunded Bonds.
"Refunding Account" means the City of Port Angeles 1998 Water and Wastewater Utility
Revenue Bond Advance Refunding Account authorized by the Bond Ordinance to be
established, held and administered by the Escrow Agent pursuant to the provisions of this
Agreement.
Exhibit "A" - Page 3
11~~
-----'
Section 1.2.
Other Definitions.
The terms "Agreement," "City," "Escrow Agent," "Bond Ordinance," "Verification Report,"
"Refunded Bonds," and "Refunding Bonds" when they are used in this Agreement, shall have the
meanings assigned to them in the preamble to this Agreement. All other capitalized terms used
herein and not otherwise defined herein shall have the meanings assigned to them by the Bond
Ordinance.
Section 1.3. Intet:Pretations.
The titles and headings of the articles and sections of this Agreement have been inserted for
convenience and reference only and are not to be considered a part hereof and shall not in any
way modify or restrict the terms hereof. This Agreement and all of the terms and provisions
hereof shall be liberally construed to effectuate the purposes set forth herein and to achieve the
intended purpose of providing for the refunding of the Refunded Bonds in accordance with
applicable law.
Article 2. D~osit of Funds and Escrowed Securities
Section 2.1. Deposits in the Refundinl: Account.
Concurrently with the sale and delivery of the Refunding Bonds the City shall deposit, or
cause to be deposited, with the Escrow Agent, for deposit in the Refunding Account, $
of the proceeds of the Refunding Bonds, of which $ shall be applied to purchase the
initial Escrowed Securities, $_ to establish a beginning cash balance, am$ to pay
the costs of issuance described in Appendix C attachedhereto, and the Escrow Agent shall, upon
the receipt thereof, acknowledge such receipt to the City in writing.
Article 3. Creation and Operation of Refundin~ Account
Section 3.1. Refundinl: Account.
The Escrow Agent has created on its books a special trust fund and irrevocable escrow to be
known as the Refunding Account (the "Refunding Account"). The Escrow Agent hereby agrees
that upon receipt thereof it will deposit to the credit of the Refunding Account the funds and the
Exhibit "A" - Page 4
113
Escrowed Securities described in Section 2.1 hereof. Such deposit, all proceeds therefrom, and
all cash balances from time to time .on deposit therein (a) shall be the property of the Refunding
Account, (b) shall be applied only in strict conformity with the terms and conditions of this
Agreement, and (c) are hereby irrevocably pledged to the payment of the principal of and
interest on the Refunded Bonds, which payment shall be made by timely transfers of such
amounts at such times as are provided for in Section 3.2 hereof. When the final transfers have
been made for the payment of such principal of and interest on the Refunded Bonds, any balance
then remaining in the Refunding Account shall be transferred to the City and the Escrow Agent
shall thereupon be discharged from any further duties hereunder.
Section 3.2. Payment of Principal and Interest.
The Escrow Agent is hereby irrevocably instructed to transfer to the Paying Agent from the
cash balances from time to time on deposit in the Refunding Account, the amounts required to
pay the principal of the Refunded Bonds at their redemption date and interest thereon to such
redemption date in the amounts and at the times shown in Appendix B attached hereto.
Section 3.3. Sufficiency of Refundini Account.
The City represents that, based upon the information provided in thtYerification Report, the
successive receipts of the principal of and interest on the Escrowed Securities will assure that the
cash balance on deposit from time to time in the Refunding Account will be at all times
sufficient to provide money for transfer to the Paying Agent at the times and in the amounts
required to pay interest due and payable on the Refunded Bonds on and prior to their respective
redemption dates, and the redemption price for the Refunded Bonds payable onmch redemption
dates, all as set forth in the recitals of this Agreement.
If, for any reason, at any time, the cash balances on deposit or scheduled to be on deposit in
the Refunding Account shall be insufficient to transfer the amounts required by the Paying
Agent to make the payments described in Section 3.2. hereof, th€ity shall timely deposit in the
Refunding Account, from any funds lawfully available therefor, additional funds in the amounts
required to make such payments. Notice of any such insufficiency shall be given promptly as
hereinafter provided, but the Escrow Agent shall not in any manner be responsible for any
,
Exhibit "A" - Page 5
114
insufficiency of funds in the Refunding Account or the City's failure to make additional deposits
thereto.
Section 3.4. Trust Fund.
The Escrow Agent shall hold at all times the Refunding Account, the Escrowed Securities
and all other assets of the Refunding Account, wholly segregated from all other funds and
securities on deposit with the Escrow Agent; it shall never allow the Escrowed Securities or any
other assets of the Refunding Account to be commingled with any other funds or securities of
the Escrow Agent; and it shall hold and dispose of the as~ets of the Refunding Account only as
set forth herein. The Escrowed Securities and other assets of the Refunding Account shall
always be maintained by the Escrow Agent as trust funds for the benefit of the owners of the
Refunded Bonds; and a special account thereof shall at all times be maintained on the books of
the Escrow Agent. The owners of the Refunded Bonds shall be entitled to the same preferred
claim and first lien upon the Escrowed Securities, the proceeds thereof, and all other assets of
the Refunding Account to which they are entitled as owners of the Refunded Bonds. The
amounts received by the Escrow Agent under this Agreement shall not be considered as!
banking deposit by the City, and the Escrow Agent shall have no right to title with respect
thereto except as a trustee and Escrow Agent under the terms of this Agreement. The amounts
received by the Escrow Agent under this Agreement shall not be subject to warrants, drafts or
checks drawn by the City or, except to the extent expressly herein provided, by the Paying
Agent.
Article 4. Limitation on Investments
Section 4.1. Investments: Substitution of Securities.
Except for the initial investment in the Escrowed Securities, and except as provided in this
Section 4.1, the Escrow Agent shall not have any power or duty to invest or reinvest any money
held hereunder, or to make substitutions of the Escrowed Securities, or to sell, transfer, or
otherwise dispose of the Escrowed Securities.
At the written request of the City,' and upon compliance with the conditions hereinafter
stated, the Escrow Agent shall utilize cash balances in the Refunding Account, or. sell, transfer,
Exhibit "A" - Page 6
115
otherwise dispose of or request the redemption of the Escrowed Securities and apply the
proceeds therefrom to purchase Refunded Bonds or Government Obligations that do not permit
the redemption thereof at the option of the obligor. An)Such transaction may be effected by the
Escrow Agent only if (a) the Escrow Agent shall have received a written opinion from a firm of
certified public accountants that such transaction will not cause the amount of money and
securities in the Refunding Account to be reduced below an amount sufficient to provide for the
full and timely payment of principal of and interest on all of the remaining Refunded Bonds as
they become due, taking into account any optional redemption thereof exercised by the City in
connection with such transaction; (b) the Escrow Agent shall have received. the unqualified
written legal opinion of the County's bond counselor tax counsel to the effect that such
transaction will not cause any of the Refunding Bonds or Refunded Bonds to be an "arbitrage
bond" within the meaning of Section 148 of the Internal Revenue Code of 1986, as amended,
and (c) such transaction is approved by an ordinance duly passed by the City Council.
Article 5. Application of Cash Balances
Section 5.1. In General.
Except as provided in Sections 3.2 and 4.1 hereof, no withdrawals, transfers, or reinvestment
shall be made of cash balances in the Refunding Account. Cash balances. shall be held by the
Escrow Agent in U. S. currency and as cash balances as shown on the books and records of the
Escrow Agent and shall not be reinvested by the Escrow Agent; provided, however, a conversion
to currency shall not be required (i) for so long as the Escrow Agent's internal rate of return does
not exceed %, or (ii) if the Escrow Trustee's internal rate of return exceeds %, the
Escrow Agent receives a letter of instructions, accompanied by the opinion of the City's bond
counsel approving the assumed reinvestment of such proceeds at such higher yield.
Exhibit "A" - Page 7
116
r
Article 6. Redemption of Refunded Bonds
Section 6.1. Call for Redemption.
The City has, pursuant to the Bond Ordinance, irrevocably called the Refunded Bonds for
redemption on their earliest redemption date, as shown in the Verification Report.
Section 6.2. Notice of Redemption.
The Escrow Agent agrees to give notice of the redemption of the Refunded Bonds, or to
notify the Paying Agent to give such notice, pursuant .to the terms of the resolutions authorizing
the issuance of the Refunded Bonds. The Escrow Agent hereby certifies that it has made
provision satisfactory and acceptable to it for thegiving of notice of redemption of the Refunded
Bonds.
Article 7. Records and Reports
Section 7.1. Records.
The Escrow Agent will keep books of record and account in which complete and accurate
entries shall be made of all transactions relating to the receipts, disbursements, allocations and
application of the money and Escrowed Securities deposited to the Refunding Account and all
proceeds thereof, and such books shall be available for inspection during business hours and
after reasonable notice.
Section 7.2. Reports.
While this Agreement remains in effect, the Escrow Agent annually shall prepare and send to
the City a written report summarizing all transactions relating to the Refunding Account during
the preceding year, including, without limitation, credits to the Refunding Account as a result of
interest payments on or maturities of the Escrowed Securities and transfers from the Refunding
Account for payments on the Refunded Bonds or otherwise, together with a detailed statement of
all Escrowed Securities and the cash balance on deposit in the Refunding Account as of the end
of such period.
Exhibit "A" - Page 8
117
Article 8. Concernin~ the Payin~ A~ent and Escrow A~ent
Section 8.1. Representations.
The Escrow Agent hereby represents that it has all necessary power and authority to enter
into this Agreement and undertake the obligations and responsibilities imposed upon it herein
and that it will carry out all of its obligations hereunder.
Section 8.2. Limitation on Liability .
The liability of the Escrow Agent to transfer funds for the payment of the principal of and
interest. on the Refunded Bonds shall be limited to the proceeds of the Escrowed Securities and
the cash balances from time to time on deposit in the Refunding Account. Notwithstanding any
provision contained herein to the contrary, the Escrow Agent shall have no liability whatsoever
for the insufficiency of funds from time to time in the Refunding Account or any failure of the
obligors of the Escrowed Securities to make timely payment thereon, except for the obligation to
notify the City promptly of any such occurrence.
The recitals herein and in the proceedings authorizing the. Refunding Bonds shall be taken as
the statements of the City and shall not be considered as made by, or imposing any obligation or
liability upon, the Escrow Agent.
The Escrow Agent is not a party to the proceedings authorizing the Refunding Bonds or the
Refunded Bonds and is not responsible for nor bound by any of thtprovisions thereof (except to
the extent that the Escrow Agent may be a place of payment and paying agent and/or a paying
agent/registrar therefor). In its capacity as Escrow Agent, it is agreed that the Escrow Agent need
look only to the terms and provisions of this Agreement.
The Escrow Agent makes no representations as to the value, conditions or sufficiency of the
Refunding Account, or any part thereof, or as to the title of the City thereto, or as to the security
afforded thereby or hereby, and the Escrow Agent shall not incur any liability or responsibility
in respect to any of such matters.
Exhibit "A" - Page 9
118
L
It is the intention of the parties hereto that the Escrow Agent shall never be required to use or
advance its own funds or otherwise incur personal financial liability in the performance of any of
its duties or the exercise of any of its rights and powers hereunder.
The Escrow Agent shall not be liable for any action taken or neglected to be taken by it in
good faith in any exercise of reasonable care and believed by it to be within the discretion or
power conferred upon it by this Agreement, nor shall the Escrow Agent be responsible for the
consequences of any error of judgment; and the Escrow Agent shall not be answerable except for
its own action, neglect or default, nor for any loss unless the same shall have been through its
negligence or want of good faith.
Unless it is specifically otherwise provided herein, the Escrow Agent has no duty to
determine or inquire into the happening or occurrence of any event or contingency or the
performance or failure of performance of the City witlTespect to arrangements or contracts with
others, with the Escrow Agent's sole duty hereunder being to safeguard the Refunding Account,
to dispose of and deliver the same in accordance with this Agreemellt. If, however, the Escrow
Agent is called upon by the terms of this Agreement to determine the occurrencef any event or
contingency, the Escrow Agent shall be obligated, in making such determination, only to
exercise reasonable care and diligence, and in event of error in making such determination the
Escrow Agent shall be liable only for its own misconduct or its negligence. In determining the
occurrence of any such event or contingency the Escrow Agent may request from the City or any
other person such reasonable additional evidence as the Escrow Agent in its discretion may deem
necessary to determine any fact relating to the occurrence of such event or contingency, and in
this connection may make inquiries of, and consult with, among others, the City at any time.
,
Exhibit "A" - Page 1 0
119
I
Section 8.3. Compensation.
The City shall pay to the Escrow Agent $ for services rendered by it pursuant to
the provisions of this Agreement, and such payment is inclusive of all fees, compensation and
expenses of the Escrow Agent; provided, however, that the Escrow Agent shall be separately
compensated for services performed in connection with any substitution of securities pursuant to
Section 4. 1 of this Agreement.
In the event that the Escrow Agent renders any service at the request of the City that is not
provided for in this Agreement, or the Escrow Agent is made a party to or intervenes in any
litigation pertaining to this Agreement or institutes interpleader proceedings relative hereto, the
Escrow Agent shall be reasonably compensated by the City for such extraordinary services and
reimbursed for all fees, costs, liability and expenses (including reasonable attorneys' fees)
occasioned thereby. The Escrow Agent hereby agrees that in no event shall it ever assert any
claim or lien against the Refunding Account for any fees for its services, whether regular or
extraordinary, as Escrow Agent, or in any other capacity, or for reimbursement for any of its
expenses as Escrow Agent or in any other capacity.
I
Section 8.4. Successor Escrow Agent.
The obligations assumed by the Escrow Agent pursuant to this Agreement may be
transferred by the Escrow Agent to a successor; provided that the Escrow Agent has presented
evidence satisfactory to the City and its bond counsel that the successor meets the requirements
of RCW Chapter 39.53, as now in effect or hereafter amended, and has assumed all the
obligations of the Escrow Agent under this Agreement, and that all the Acquired Obligations and
money held by the Escrow Agent pursuant to this Agreement have been duly transferred to such
successor.
Any corporation or association into which the Escrow Agent may be merged or converted, or
resulting from any merger or conversion, or to which. the Escrow Agent may sell or transfer all
or substantially all of its corporate trust business shall be the successor to such Escrow Agent
without the execution of filing of any paper or any further act, anything herein to the contrary
notwithstanding.
Exhibit "A" - Page 11
120
Exhibit "A" - Page 12
121
Article 9. Miscellaneous
Section 9.1. Notice.
Any notice, authorization, request, or demand required or permitted to be given hereunder
shall be in writing and shall be deemed to have been duly given when mailed by registered or
certified mail, postage prepaid addressed to the City or the Escrow Agent at the address shown
below. The United States Post Office registered or certified mail receipt showing delivery of the
aforesaid shall be conclusive evidence of the date and fact of delivery. Any party hereto may
change the address to which notices are to be delivered by giving to the other parties not less
than ten days prior notice thereof.
County:
City of Port Angeles, Washington
321 East Fifth
Port Angeles, W A 98362
Attention: Finance Director
Escrow Agent:
Attention:
Section 9.2. Termination of Re~onsibilities.
Upon the taking of all the actions as described herein by the Escrow Agent, the Escrow
Agent shall have no further obligations or responsibilities hereunder to the City, the owners of
the Refunded Bonds or to any ot~er person or persons in connection with this Agreement.
Section 9.3. Bindin~ A~reement.
This Agreement shall be binding upon the City and.. the Escrow Agent and their respective
successors and legal representatives, and shall inure solely to the benefit of the owners of the
Exhibit "A" - Page 13
122
Refunded Bonds, the City, the Escrow Agent and their respective successors and legal
representatives.
Section 9.4. Severability.
In case anyone or more of the provisions contained in this Agreement shall for any reason
be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or
unenforceability shall not affect any other provisions of this Agreement, but this Agreement
shall be construed as if such invalid or.illegal or unenforceable provision had never been
contained herein.
Section 9.5. WashinlIton Law Governs.
This Agreement shall be governed exclusivelyby the provisions hereof and by the applicable
laws of the State of Washington.
Section 9.6. Time of the Essence.
Time shall be of the essence in the performance of obligations from time to time imposed
upon the Escrow Agent by this Agreement.
Section 9.7. Notice to Rating AlIencies.
In the event that this agreement or any provision thereof is severed, amended orevoked, the
City shall provide written notice of such severance, amendment or revocation to:
,
Standard & Poor's Ratings Services
Attn: Public Finance Rating Desk/Refunded Bonds
25 Broadway
New York, New York 10004
Moody's Investors Service
Attn: Public Finance Rating Desk/Refunded Bonds
99 Church Street
Exhibit "A" - Page 14
123
New York, New York 10007
Section 9.8. Amendments.
This Agreement. shall not be amended except to cure any ambiguity or formal defect or
omission in this Agreement. No amendment shall be effective unless the same shall be in
writing and signed by the parties thereto. No such amendment shall adversely affect. the rights
of the holders of the Refunded Bonds. No such amendment shall be made without first receiving
written confirmation from the rating agencies (if any) that have rated the Refunded Bonds that
such administrative changes will not result in a withdrawal or reduction of its ra!ing then
assigned to the Refunded Bonds. If this Agreement is amended, prior written notice and copies
of the proposed changes shall be given to the rating agencies that have rated the Refunded
Bonds.
Exhibit "A" - Page 15
124
IN WITNESS WHEREOF, the parties have executed and delivered this Agreement, all as of
the date and year first above written.
CITY OF PORT ANGELES,
WASHINGTON
By
Mayor
r
as Escrow Agent
1,
By
Trust Officer
Appendix A
Appendix B
Appendix C
Appendix D
Description of the Escrowed Securities
Schedule of Payments on the Refunded Bonds
Expenses to be Paid at Closing
Notice of Redemption
Exhibit "A" - Page 16
125
"~'" ,'c'
APPENDIX A
[INSERT HERE A COpy OF THE DESCRIPTION OF THE ESCROW
SECURITIES FROM THE VERIFICATION REPORT.]
Appendix A - Page 1
September 10, 1998
126
APPENDIX B
[INSERT HERE A COpy FROM THE VERIFICATION REPORT OF THE
SCHEDULE OF PAYMENTS TO BE MADE ON THE REFUNDED BONDS.]
Appendix B - Page 1
DOTOOK.DOC
Sept=bcr 10, 1998
127
Expenses to be paid at Closing:
Description
Escrow Verification Fee
Escrow Agent Fee
Bond Counsel Fee
Financial Advisor
Official Statement Printing
and Mailing
Rating Agency--New Bonds
Rating Agency-- Refunded
Bonds
Total
Appendix C - Page 1
,
APPENDIX C
Payee
Preston Gates & Ellis LLP
Seattle-Northwest Securities
Corporation
DOTOOK.DOC
Amount
$
$
Seplcmbcr 10, 1998
128
CERTIFICATE OF CITY CLERK
I DO HEREBY CERTIFY that I am the duly chosen, qualified and acting Clerk of the
City of Port Angeles, Washington (the "City"), and keeper of the records of the City Council; and
I HEREBY CERTIFY:
1. That the attached ordinance is a true and correct copy of Ordinance No.
of the City (the "Ordinance"), as finally passed at a regular meeting of the City Council
held on the 15th day of September, 1998 and duly recorded in my office.
2. That said meeting was duly convened and held in all respects in accordance
with law, and to the extent required by law, due and proper n()tice of such meeting was given;
that a quorum was present throughout the meeting and a legally sufficient number of members of
the City Council voted in the proper manner for the passage of the Ordinance; that all other
requirements and proceedings incident to the proper passage of the Ordinance have been duly
fulfilled, carried out and otherwise observed, and that I am authorized to execute this certificate.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City this 15th day of September, 1998. '
City Clerk
(S E AL)
129
OOTOOKOOC
98109/10
DATE:
To:
FROM:
SUBJECT:
" I
/"
.------
~ORTA.N ELES
WAS H I N G TON, U. S. A.
CITY COUNCIL MEMO
September 15, 1998
MAYOR BRAUN AND CITY COUNCIL
Scott Brodhun, Parks & Recreation Director .
Resolution Authorizing Grant Application - (DNR-ALEA)
SUMMARY: Adoption of the attached resolution is necessary in order to apply for funding to the
Department of Natural Resources Aquatic Lands Enhancement Account (ALEA) grant program.
The resolution will become part of the formal application for funds to further develop the Waterfront
Trail, create interpretive sites on the trail, and develop portions of the Valley Creek Estuary uplands.
RECOMMENDATION: City Council approve the resolution authorizing a grant application to
DNR for fundin assistance for an A uatic Lands Enhancement Account ro' ect.
ISSUE: Should the City Council approve the attached resolution authorizing a grant application to
DNR for funding assistance to extend and enhance the Waterfront Trail and assist with development
of the Valley Creek Estuary uplands?
BACKGROUND / ANALYSIS: The DNR-ALEA grant program has been utilized to develop three
sections of the Waterfront Trail, as well as Sail & Paddle Park. Additionally, the City is currently
under contract with DNR for the grant assisted purchase of property necessary to develop the
Centennial Trail. Although the City has utilized the DNR-ALEA program extensively in the past,
it has become an unpredictable grant program. This past spring, upon DNR announcement of the
annual grant cycle, staff began preparing a grant application. Subsequent to the initial
announcement, DNR informed prospective applicants of an interruption in the grant program. The
agency provided no indication that the program would be available in 1998, however within the last
couple of weeks staff received notification that applications were available and due October 1, 1998.
Because of the unexpected announcement staff is still working on development of a proposal that
fits within the ALEA program guidelines. Considering the recent interest in developing the trail
across the Oak Street property, and the ongoing efforts to develop the uplands area at the Valley
Creek Estuary, it may be feasible to submit an application to fund those projects. Because of the
current effort to develop the Oak Street and Valley Creek Trail sections, staffwill submit as flexible
an application as possible. It is anticipated that the submission would be in grant category 1,
requiring a project of $75,000 or less. It is also important to note that because of community
support for development of the trail and estuary, it is possible that an application can be presented
so as to reduce, if not eliminate, allocation of city funding to meet local match requirements of the
program. Staff recommends that City Council take advantage of this potential opportunity.
130
131
,.."w-............._."'.'.:;;_,"
RESOLUTION NO.
A RESOLUTION of the City Council of the City of Port Angeles,
Washington, authorizing an application for funding assistance to the
Department of Natural Resources for an Aquatic Lands Enhancement
Account project.
WHEREAS, under RCW 79.24.580, state funding assistance has been authorized and
made available to aid in financing the cost of land and the construction of facilities for public access
to, and aquatic land enhancement of, state-owned aquatic lands; and
WHEREAS, the City Council of Port Angeles considers it in the public interest to extend
the Waterfront Trail along the shoreline of the City, to develop interpretive sites on the trail, and to
create passive, pedestrian oriented access to the shoreline generally located from Oak Street west
through the Valley Creek Estuary Park;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Port
Angeles, Washington as follows:
1. The Parks and Recreation Director is authorized to make formal application to the
Department of Natural Resources for funding assistance.
2. Any funding assistance so received shall be used for development and extension
of the waterfront trail.
3. The City's share for the project will be derived from donations of materials, cash,
and in-kind services.
-1-
132
4. Any property acquired with financial aid through the Aquatic Lands Enhancement
Account shall be placed in use in accordance with the terms of the financial aid
approved by the Department of Natural Resources.
5. Any developed facilities financed through the Aquatic Lands Enhancement
Account shall be maintained by the City for 25 years or longer.
6. This resolution shall become part of a formal application to the Department of
Natural Resources.
7. Adequate notification has been given and the opportunity provided for public
input.
P AS SED by the City Council of the City of Port Angeles at a regular meeting of said
Council held on the _ day of
,1998.
MAYOR
ATTEST:
Becky 1. Upton, City Clerk
APPROVED AS TO FORM:
Craig D. Knutson, City Attorney
R98.07
-2-
i 0 ....
~ J.}
DATE:
To:
FROM:
SUBJECT:
-)------
L.
----
]?" OR.. T~. N..GE.LES..
,- - '..... ~ ~....; ...} , ". '... .~. ... ... '. ...:. 1...I..t j
,t >;:4. \ f ~ _ _ ..':' i, i: _~' l "
.. .... -I \~ ~ -~~, '
WAS H I N G TON, U. S. A.
CITY COUNCIL MEMO
September 15, 1998
MAYOR BRAUN AND CITY COUNCIL
Jack Pittis, Director of Public Works & Utilities
Surrendering ofFERC License for Morse Creek Hydro Project
SUMMARY: The continued operation of the Morse Creek Hydro facility is not in the best interest of
our electric ratepayers. If we do not operate the project we must surrender our Federal Energy
Regulatory Commission (FERC) license.
RECOMMENDATION: The Utility Advisory Committee and city staff recommend that City
Council authorize staff to notify FERC of our intention to surrender the Morse Creek Hydro
operating license subject to City Council review and approval of any mitigating conditions
im osed b FERC as art of the license surrender rocess.
ISSUE: Should the City of Port Angeles initiate the process to surrender the FERC operating license
for the Morse Creek Hydro Project?
BACKGROUND / ANALYSIS: At the last City Council meeting, the Council requested that staff
obtain a written confirmation from FERC regarding their process for surrendering the City's hydro
operating license for Morse Creek. The process, as prescribed in 18 CFR Chapter I, Part 6, includes
1) the licensee must notify FERC by letter of its intent and reasons for license surrender; 2) FERC
will complete an environmental assessment of the project and provide public notice of the intent to
surrender the license; 3) FERC accepts public and agency comments on license surrender for at least
30 days; 4) FERC establishes terms and conditions that must be met by licensee; 5) FERC and the
licensee (City) reach mutual agreement on final terms and conditions.
Since the last City Council meeting staffhas requested that FERC send a letter confirming the steps
for license surrender, especially the requirement that final terms and conditions must be mutually
agreed to or the City can rescind its request to surrender the license. FERC is preparing a letter
confirming that the City can rescind its surrender request and staff hopes to receive it prior to the
9/15/98 Council meeting. In addition, the City Attorney contacted a Washington, D.C. law firm that
has expertise in FERC matters and received confirmation that the City may terminate the surrender
process if satisfactory terms and conditions cannot be agreed to. At this point, if the City decides not
to initiate license surrender by the deadline imposed by FERC of September 20, 1998, then actions
must be taken to proceed with acquiring estimates for repairs. However, if the license is surrendered
there appears to be a step in the process where reconsideration can be made.
134
FEDERAL ENERGY REGULATORY COMMISSION
WASHINGTON. D. C. 20426
OFFICE OF HYDROPOWER LICENSING
P-6461--Washington
Morse Creek Project
city of Port Angeles, Washington
Mr. Bob Titus
Deputy Director of utilities Services
City of Port Angeles
P.O. Box 1150
Port Angeles, WA 98362
SEP 0 9 818
Dear Mr. Titus:
This is in response to your request for a confirmation
letter concerning a telephone conversation you had with
Mr. Pete McGovern on September 3, 1998, about the Commission's
surrender procedures and whether the licensee is able to withdraw
its application once it is filed.
Part 6 of the Commission's regulations (copy enclosed)
states that licenses may be surrendered only upon the fulfillment
by the licensee of such obligations under the license as the
Commission may prescribe. Further, if a project has been
constructed, such as this one, the Commission may condition
acceptance of the surrender on the licensee's disposition of
project works.
Upon receiving an application for surrender that includes
the reason for the request, the Comm1ssion issues a public notice
that a surrender application has been filed. For constructed
projects, we also prepare an Environmental Assessment (EA) of the
proposed surrender. The EA will recommend what restoration
measures, if any, are needed. If the licensee determines that
the recommended restoration measures are unacceptable, it may
withdraw the surrender application. You should be aware,
however, that the Commission would require the licensee to take
whatever measures might be needed to continue with the operation
of the project and compliance with its license.
2
I hope this infoL~at~on 1S helpful. If you have any
questions about this letter, please contact Mr. McGovern at
(202) 219-2867.
Sincerely,
Il! l, It. A{.:J-l tuA
rol L. sampsoq
rector
fice of Hydropower Licensing
Enclosure
cc: Public Files
I
183 7.10-86
Regulations-
11,095
"
[~ 12,250]
Part &-Surrender or Termination, of License
Sec.
6.1 Application for surrender.
6.2 Surrender of license.
6.3 Termination of license.
6.4 Termination by implied surrender.
6.5 Annual charges.
AUTHORITY: The provisions of this Part 6 issued under sees. 6, 10(i), 13,
41 Stat. 1067, 1068, 1071, as amended, sec. 309, 49 Stat. 858; 16 U.S.c. 799,
803(i), 806, 825h.
SoURCE: The pr~visions of this Part 6 contained in Order 141, -12 F.R.
, 8491, Dec. 19, 1947, unless otherwise noted.
_ [, 12,251}
~ 6.1 Application for surrender. I
I
Every application for surrender of a license shall state the reason
therefor; and~ except in the case of an application for surrender of a license for
a minor project, or for a transmission line only, shall be executed by the
licensee and filed in same form and manner as the application for license, and
shall Qe accompanied by the license and all amendments thereof. Public notice
of such application shall be given at least 30 days prior. to action upon _t.he
application. -:-to.
~ I
CROSS REFERENCES: For application for
license, general provisions. see ! ! 4.30 to 4.33,
inclusive, of this chapter. For application for
license for proposed major. project or minor
part thereof. see !! 4.40 to 4.42. - inclusive, of
this chapter. For appl!cation for license for
constructed major pr!>ject or minor part
thereof, see ! ~ 4.50 and 4.51 of this chapter.
For forms for application for licenses. see
~ ~ 131.2 to 131.6, inclusive. of this c..!!apter. .
[Order 141. 12 F.R. 8491. Dec. 19,1947. as
amended by Order 570, 42 F.R. 40190. Aug. 9.
1977.]
[~ 12,252]
~ 6.2 Surrender of license.
\
Licenses may be surrendered only uP9n the fulfillment by the licensee of
such obligations under the license as the Commission may prescribe, and, if
the project works authorized under the license have been constructed in whole
or in part, upon such conditions with respect to the disposition of such works
as may be determined by the Commission. Where project works have been "
constructed on lands of the United States the licensee will be required to
restore the lands to a condition satisfactory to the Department having
supervision over such lands and annual ctiarges will continue until such
restoration has been satisfactorily completed.
[Order 175. 19 F.R. 5217, Aug. 18, 1954.]
Federal Eneru R....latory Commlalon
034-U .
~ ~.2 , 12,252
/
,-
135
0, I.
---
FO' R' r"'.N" NG' E' 'LE'S"
- i ",.. ", " _, r, I, _ 1, _~- t
I '\ )1 ~ '< l / '\" l j' -! ;, t; ! ~ i:" ~1'" '
i. ~. . ....,~. -' ~ -' ...
WAS H I N G TON, U. S. A.
C IT Y C 0 U N elL M E.M 0
DATE:
September 15, 1998
To:
Mayor Braun and City Council
FROM:
Patrick Ibarra, City Manager
SUBJECT:
City Manager's Report
SPEAKING ENGAGEMENTS
I will be speaking to the Olympic Peninsula Travel Association on September 23 and Rotary,
Noon, on September 30.
A WC REGIONAL MEETINGS
A final reminder about the A WC Regional Meeting scheduled for Thursday, October 1, 6:00 p.m.
in Bremerton. Depending upon the number of Council interested in attending, I can utilize a van
from a department and all of us can travel together. I will be confirming attendance at Monday's
meeting.
EDC'S 2020 MEETING
A final reminder abut the next 2020 meeting for elected officials to further discuss economic
development goals and objectives is scheduled for Thursday, September 17, 2:00 - 4:00 p.m., at the
Clallam Transit facility. I encourage your attendance at the September 17th meeting.
PENINSULA INTERNATIONAl, REI,ATIONS ASSOCIATION (PIRA)
Each of you should have received an invitation to the PIRA dinner on Monday, September 21,6:45
p.m. at the Destiny Restaurant. Mayor Sugiyama, the Mayor of our sister city, Mutsu, Japan, and
his associates are guests. If you did not receive an invitation, please notify me and I will forward
one to you.
UTILITY ADVISORY COMMITTEE
A reminder that the next meeting is Monday, September 21, 8:15 a.m. in the Public Works
Conference Room and the topic will be a review of the solid waste analysis recently completed by
staff.
136
Lr_
DOWNTOWN W A TERMAIN/SIDEW AI.K PROJECT
At the September 1 .Council meeting, there was much discussion regarding this subject. In
particular, the justification for the project over-fUllS. I asked Jack Pittis to prepare a report, however
he will be out oftown to APW A's (American Public Works Association) national conference during
the September 15 meeting. As a result, I am holding the report until the October 6 meeting so Jack
can be in attendance and respond to any questions from Council members.
137
PORT ANGELES CHAMBER OF COMMERCE
121 East Railroad
Port Angeles, WA 98362
(360) 452-2363
September 8, 1998
Becky Upton, City Clerk
City of Port Angeles
P.O. Box 1150
Port Angeles, WA
Dear Becky:
The Port Angeles Chamber of Commerce is requesting
reimbursement for the City's share of the operating cost of
the Visitor Center for the months of June and July 1998
The financial statement for June and July are enclosed.
The city's share for the month of June is $2,808 and July is
$2,828.00
You will also find paid utility bills totally $893.42 for six
months of this year. The city share is,$670.07 The
financial statement do not reflect the utility bills, but
they have been paid and a copy of the check is enclosed.
Total reimbursement to the Chamber is $6,306.07
If you have any questions, call me at 452363
Sincerely,
~ ---
~ O-z.--"--?~
Erl Hansen
Executive Director
138
FAX # 360-457-5380 · www.cityofpa.com · E-mail: pangeles@olypen.com
REPRESENTING THE LARGEST GROUP OF BUSINESSES ON THE PENINSULA
;<EVENUES
MEMBERSHIP DUES $
COUNTER SALES
BUILDING RENTAL
SHARED EXPENSE REIMBURS
N.W. WOOD SHOWCASE
ANNUAL BANQUET
CHAMBER FUND RAISERS
FUND RAISER-AUCTION
INTEREST EARNED
BROCHURE DISTRIBUTION
CHAMBER SERVICES
DONATIONS
RETIREMENT PROMOTION
JULY 4TH INCOME
INTERNET ADVERTISING
BUS. RETENTION INCOME
TOTAL REVENUES
EXPENDITURES
MATERIALS-COUNTER SALES
MATERIALS-SHOWCASE
SALARY - f'I.ANAGER
SALARY SECRETARIAL
PENSION EXPENSE ISIMPLE
FICA TAX
FEDERAL Ujc EXPENSE
STATE UjC EXPENSE
STATE INDUSTRIAL INS.
LESS VC ALLOCATION
MAJOR MEDICAL INSURANCE
MEDICAL INS.-OFFICE MGR
R.E. & P.P. TAXES
LIABILITY & FIRE INS.
BANK CHARGES
OFFICE SUPPLIES
OFFICE EQUIPMENT
AUTO ALLOWANCE
DUES & SUBSCRIPTIONS
OFFICE RENT
POSTAGE
UTILITIES
EQUIPMENT RENTAL
TELEPHONE
REPAIR & MAINTENANCE
MANAGER TRAVEL EXPENSES
ACTUAL 1998
CURRENT
MONTH
3,445
2,663
1,116
2,063
10,916
100
20,806
1,937
1,573
3,765
736
157
401
21
78
79
(97)
538
156
YEAR
TO-DATE
$ 43,657
6,748
258
1,754
2,300
2,588
241
1,412
262
57
978
655
10,916
300
--i.2
71,667
5,446
1,573
22,588
4,416
1,728
2,404
l:~.2
28
46
:57
158
(426 )
2,873
433
39
83
184
558
599
1,800
445
2,C24
877
300
150
337
2
94
74
67
91
348
363
94
657
PORT ANGELES CHAMBER ~F COMMERCE
STATEMENT OF OPERA7I~~ FUNDS
For Period Ended June 30, 1998
BUDGET 1998
YEAR
TOTAL
59,000
20,000
2,904
7,000
2,000
18,525
6,000
2,200
250
100
2,200
10,000
4,050
134,229
12,000
5,250
45,176
8,833
2,776
4,530
5,000
554
30
100
950
1,200
300
3,600
1,010
4,048
3,600
325
710
550
225
1,000
ACTUAL :997
CURRENT
MONTH
$
4,123
2,331
145
YEAR
:'O-DATE
s
41,624
6,848
879
10
1,506
ACTUAL
IXCREASE (DECREASE)
CURRENT
:-lONTH
$
(678)
332
(145)
907
250
224
95
257
10,252
18,583
1,111
313
3,691
701
390
24
73
75
(94)
268
277
7
131
300
205
337
472
45
21
174
250
1,242
170
68
986
12,097
65,679
5,401
716
22,145
4,206
2,338
112
149
151
(407)
2,566
554
27
82
91
701
993
1,800
660
2,024
1,787
222
429
284
237
533
209
1,813
665
100
2,223
826
1,260
74
35
157
11
(3)
5
4
(3)
270
(121)
21
(85)
(55)
(470)
94
29
46
(83)
See accountants' compilation report
YEAR
TO-DATE
$ 2,034
(100)
(622)
(10)
247
2,300
2,338
18
(95)
170
(170)
(10)
(8 )
655
(1,180)
300
---.ll
5,987
5
45
857
443
210
1,728
66
8
(20)
307
(121)
12
1
93
(143)
(394 )
(215)
(909)
(222)
( 81l
79
1143 )
124
.-.
139
PORT ~~GELES C~~ER OF COMMERCE
STATEMENT OF OPERA7:NG FUNDS
For Period Ended June 30, 1998
ACTUAL 1998
BUDGET 1998
ACTUAL 1997
ACTUAL
INCREASE (DECREASE)
CURRENT
MONTH
YEAR
TO-DATE
YEAR
TOTAL
CURRENT
MONTH
YEAR
TO-DATE
CURRENT
MONTH
YEAR
TO-DATE
~XPENDITURES - CONTIN"'JED
SECRETARY'S EXPENSE S 69 $ 428 $ 1,000 $ 122 $ 542 $ (53) $ (114)
EXECUTIVE TRAINING 984 (984)
ACCOUNTING SERVICES 350 1,750 4,200 350 1,750
ANNUAL BANQUET 3,307 2,000 288 3,018
GUEST SPEAKER MEALS 24 152 500 150 24 2
COMMUNITY DEVELOP~Eh, 300 388 (388)
CONCERTS ON THE PIER 150 198 1,800 150 198
JULY 4TH EVENT 375 464 200 375 464
JULY 4TH FIREWORKS 10,000 10,000 10,000 10,000 10,000
RETIREMENT PROMOTION 655 655
HOSPITALITY DIVISION 100
GOVERNMENT RELATIONS 65 100 90 (25)
TOURIST PROMOTION 874 2,600 302 573
BUS. RETENTION CO~I7TE 175 175
INTERNET EXPENSE 35 180 240 35 180
FUND RAISER - EXP 7,556
FUND RAISER - AUCTION 1,800
EMMYLOU HARRIS CONCERT 4,725 4,725 (4,725) (4,725)
MISCELLANEOUS EXPENSE 54 309 150 153 54 157
MEMBERSHIP DEVELOP~ENT 310 389 (79)
PENALTIES 159 (159)
NEWSLETTER EXPENSE ~ 45 -----2Q.Q ~ ~
TOTAL EXPENDITURES 21,634 68,446 llhlll 13,369 55,969 ...L.l.ll 12,476
EXCESS (DEFICIENCY) $ (829) $ 3,221 $ '784 ) $ 5,214 $ 9 ,710 $ (6,043 ) $ (6,489 )
140
See accountants' compilation report
PORT ANGE~~5 CHAMBER OF CO~ERCE
STATEMENT OF VISITOR CENTER F~~S
For Period Ended June 30, "998
ACTUAL 1998
BUDGET 1998
ACTUAL 1997
ACTUAL
IXCREASE (DECREASE)
CURRENT
MONTH
YEAR
YEAR
TOTAL
CURRENT
MONTH
YEAR
GrR-RENT
TO-DATE
TO-DATE
~ONTH
YEAR
TO-DATE
REVENUES
CITY ALLOCATION
$ 13,455
$ 50,300
$ .J!..il.i
S 20,466
s .i...L.il.i) $ lL..Qll)
TOTAL REVENUES
:3,455
50,300
8,434
20,466
(8,434) (7,011)
EXPENDITURES
BROCHURES & ADVERTISING 2,319 14,900 279 779 (279) 1,540
VIC MEDICAL INSURANCE 156 c:~~ 554 277 156 156
VIC EQUIPMENT 200 1,798
VIC WAGES \ 736 ';,416 8,833 701 4,206 3.5 210
VIC RENT 1,012 6,073 12,146 1,012 6,073
VIC UTILITIES 980 667 (667)
VIC REPAIR & MAINT. 201 283 675 64 712 138 (429)
VIC OFFICE SUPPLIES 102 :,135 2,830 166 1,837 (64) (702)
VIC EQUIPMENT RENTAL 281 1,044 2,130 1,287 281 (244 )
VIC POSTAGE 1,867 4,250 375 2,557 (375) (690)
VIC BUILDING INS. 250 250 247
VIC TELEPHONE 223 1,088 1,730 136 851 87 238
VIC PAYROLL TAXES ----ll ----lli ~ --2.i ~ --2 -2Q
TOTAL EXPENDITURES -2...!.Q! 2:1..133 50,300 ..2....!!ll 19,901 ----ill) -L.lll
EXCESS (DEFICIENCY) $ (2,808) $ '7,678) $ 5,606 $ 565 $ 18,414 ) $ (8,243 )
-
',j
141
See accountants' compilation report
PORT ANGELES CHAMBER OF COMMERCE
STATEMENT OF OPERATING FUNDS
\
For Period Ended July 31, 1998
ACTUAL
ACTUAL 1998 BUDGET 1998 ACTUAL 1997 INCREASE (DECREASE)
------------------ ----------- ------------------- --------------------
CURRENT YEAR YEAR CURRENT YEAR CURRENT YEAR
MONTH TO-DATE TOTAL MONTH TO-DATE MONTH TO-DATE
REVENUES
MEMBERSHIP DUES $ 2,751 $ 46,408 $ 59,000 $ 4,270 $ 45,B93 $ (1,519) \.$ 515
COUNTER SALES 2,604 9,353 20,000 4,486 11 ,334 (l,BBl) (1,981)
BUILDING RENTAL 145 403 2,904 379 1,258 (234) (856)
SHARED EXPENSE REIMBURS 10 (10)
N.W. WOOD SHOWCASE 1,512 3,266 7,000 1,913 ' 3,420 (401) (154)
ANNUAL BANQUET 2,300 2,000 2,300
EMMYLOU HARRIS CONCERT 2,072 2,072 (2,072) (2,072)
CHAMBER FUND RAISER~ 2,385 4,973 IB,525 5,223 5,413 (2,83B) (500)
FUND RAISER-AUCTION 6,000
INTEREST EARNED 253 1,665 2,200 234 1,476 19 189
BROCHURE DISTRIBUTION 160 160' 250 170 160 (10)
CHAMBER SERVICES 57 100 68 (10)
DONATIONS 293 1,270 2,200 317 1,303 (25) (33)
RETIREMENT PROMOTION 655 655
JULY 4TH INCOME 1,310 12,226 10,000 769 12,B66 541 (639)
INTERNET ADVERTISING 100 400 4,050 100 400
BUS. RETENTION INCOME 45 45
TOTAL REVENUES 11,514 83,180 134,229 19,663 85,342 (B,149) (2,162)
EX PEND ITURES
MATERIALS-COUNTER SALES 1,179 6,625 12,000 2,900 8,301 (1,721) (1,676)
MATERIALS-SHOWCASE 1,573 5,250 I 866 1,5B3 (866) (10)
SALARY - MANAGER 3,765 26,353 45,176 3,691 25,B36 74 517
SALARY - SECRETARIAL 736 5,152 B,B33 701 4,907 35 245
PENSION EXPENSE (SIMPLE 157 1,BB5 2,776 151 151 6 1,n4
FlCA TAX 401 2,804 390 2,727 11 77
FEDERAL UtC EXPENSE 112 112
STATE UtC EXPENSE 157 4,530 149 8
STATE INDUSTRIAL INS. 158 151 B
LESS VC ALLOCATION (56) (483) (54) (460) (3) (22)
MAJOR MEDICAL INSURANCE 318 3,191 5,000 770 3,336 ( 452) (145)
MEDICAL INS.-OFFICE MGR 433 554 554 (121)
R.E. & P.P. TAXES 39 30 27 "\ 12
LIABILITY & FIRE INS. B3 100 82 1
BANK CHARGES 123 307 950 56 147 67 160
OFFI CE SUPPLI ES 40 598 1,200 24 725 16 (127)
OFFICE EQUIPMENT 599 300 993 (394)
AUTO ALLOWANCE 300 2,100 3,600 300 2,100
DUES & SUBSCRIPTIONS 100 545 1,010 130 790 (30) (245)
OFFICE RENT 337 2,362 4,048 337 2,362
POSTAGE 407 1,284 3,600 843 2,629 (436) (1,345)
UTILITIES 325 222 (222)
EQUIPMENT RENTAL 348 710 47 476 (47) (128)
@ See attached schedu1e showing breakdown by activity. 14r:
See Accountants' COlpilation Report.
PORT ANGELES CHA~BER OF CO~~ERCE
STATEMENT OF OPERATING FUNDS
For Period Ended July 31, 1998
ACTUAL
ACTUAL 199B . BUDGET 1998 ACTUAL 1997 INCREASE (DECREASE)
------------------ ----------- ------------------- --------------------
CURRENT YEAR YEAR CURRENT YEAR CURRENT YEAR
~ONTH TO-DATE TOTAL ~ONTH TO-DATE MONTH TO-DATE
EXPENDITURES - CONTINUED
TELEPHONE $ 51 $ 414 $ 550 $ 27 $ 310 $ 24 $ 103
REPAIR & ~AINTENANCE 94 225 8 245 (8) (151)
~ANAGER TRAVEL EXPENSES 657 1,000 81 614 (81) 43
SECRETARY'S EXPENSE 428 1,000 62 604 (62) (176)
EXECUTIVE TRAINING 984 (984)
ACCOUNTING SERVICES 350 2,100 4,200 350 2,100
ANNUAL BANDUET 3,307 2,000 288 3,018
GUEST SPEAKER ~EALS 152 500 60 210 (60) (58)
COM~UNITY DEVELOP~ENT 300 388 (388)
CONCERTS ON THE PIER 600 798 1,800 450 450 150 348
JULY 4TH EVENT 200 664 200 92 92 108 572
JULY 4TH FIREWORKS 10,000 10,000 10,000 10,000 (10,000)
RETIRE~ENT PRO~OTION 655 655
HOSPITALITY DIVISION 100
60VERN~ENT RELATIONS 65 100 90 (25)
TOURIST PRO~OTION 874 2,600 302 573
BUS. RETENTION COMMITTE 175 175
INTERNET EXPENSE 60 240 240 60 240
FUND RAISER - EX~ 1,794 1,794 7,556 2,695 2,695 (901) (901)
FUND RAISER - AUCTION 1,800
EMMYLOU HARRIS CONCERT 2,000 6,725 (2,000) (6,725)
~ISCELLANEOUS EXPENSE 309 150 153 157
~EMBERSHIP DEVELOPMENT 310 389 (79)
PENAL TIES 159 (159)
NEWSLETTER EXPENSE 17 62 700 17 62
TOTAL EXPENDITURES 10,877 79,323 135,013 26,626 82,596 (15,749) (3,273)
EXCESS (DEFICIENCY) $ 636 $ 3,857 $ (784) $ (6,964) $ 2,746 $ 7,600 $ 1,111
------ ------- ------- ------ ------- ------ ------
~ See attached schedule showing breakdown by activity.
See Accountants' COlpilation Report.
14~'
I
:,n;;'T ANGELES CHAMBER O~ COMMEQCE
STATEMENT OF V I S nOR CENTER FUNDS
For Period Ended July ~j 1998
oJ...,
ACTUAL J
ACTUAL 1998 BUDGET 1998 ACTUAL .1997 INCREASE (DECREASE)
------------------ ----------- ------------------- --------------------
CURRENT YEAR YEAR CURRENT YEAR CURRENT YEAR
MONTH TO-DATE TOTAL MONTH TO-DATE MONTH TO-DATE
REVENUES
CTn ALLOCATION $ 6,035 $ 19,490 . 50,300 $ 20,466 $ 6,035 $ (976)
~
-'
TOTAL REVENUES 6,035 19,490 50,300 20,466 6,035 (976)-
EXPENDITURES
BROCHURES & ADVERTISING 2,319 14,900 534 1,314 (534) 1,006
VTr MEDICAL INSURANCE ..,., 554 277 156
'I,),)
VIC EQUIPMENT 1,798 200 1,798
",.,... WAGES 736 5,152 8,833 701 4,907 ,,:!C, 245
ViI.. vv
VIe RENT 1 fl1? 7,085 12,146 1,012 7,085
.,........
VIC UTILITIES 980 667 (667) /
VIe REPAIR & MINT. 283 675 'l~ 735 (23) (452)
..v
VIC OFFICE SUPPLIES 121 1,257 2,830 46 1,884 "7' (627)
I J
VIe EGUIPMENT RENTAL 1,044 " p" 141 1,428 ; (141) (384)
..,..oJv
VIe POSTAGE 750. 2,617 ,4,250 375 2,932 ~7~ (315)
v,v
VIe BUILDING INS. 250 250 247 ~
v
,- VIC TELEP~ONE ) 152 1,241 1,730 ,I 1"? 973 30 268
.4.
VIe PAYROLL TAt.!: 56 483 822 1\ 54 460 .j 22
,t1"~W
/_-----
TOTAL EXPHJD ITURES 2,828 23,961 50,300 3,008 22,909 (180) 1,052
EXCESS (DEFICIENCY) S 3,207 S (4,471) S (3,008) $ (2,443) $ 6,215 $ (2,028)
------ ------ ------ ------ ------ ------ ------
j
See Accountants' Compilation Reocrt.
144