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Ordinance No. 00431

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City Council Meeting Minutes of Dec 11 2006 Special Meeting

   

CITY OF LAKEWOOD, WASHINGTON

 

ORDINANCE NO. 431

  

            AN ORDINANCE relating to local improvement districts; establishing Consolidated Local Improvement District No. 1101 et al. and Consolidated Local Improvement Fund, District No. 1101 et al.; fixing the amount, form, date, interest rates, maturity, and denominations of the Consolidated Local Improvement District No. 1101 et al. Bonds; providing for the sale and delivery thereof to Seattle-Northwest Securities Corporation of Seattle, Washington; and fixing the interest rate on local improvement district assessment installments.

          

PASSED DECEMBER 11, 2006

    This document prepared by:
 Foster Pepper PLLC
1111 Third Avenue, Suite 3400
Seattle, Washington 98101
(206) 447-4400
 


 

TABLE OF CONTENTS
 Page
 Section 1 ..... Consolidation of Local Improvement Districts. 1
Section 2 ..... Bond Fund. 1
Section 3 .  Authorization and Description of Bonds. 1
Section 4 .  Registration and Transfer of Bonds. 1
Section 5 .  Payment of Bonds. 1
Section 6 .  Redemption Provisions. 1
Section 7 .  Notice of Redemption. 1
Section 8 .  Failure to Redeem Bonds. 1
Section 9 .  Pledge of Assessment Payments. 1
Section 10 .  Form and Execution of Bonds. 1
Section 11 .  Bond Registrar 1
Section 12 .  Preservation of Tax Exemption for Interest on Bonds. 1
Section 13 .  Small Governmental Issuer Arbitrage Rebate Exception and Designation of Bonds as ?Qualified Tax Exempt Obligations. 1
Section 14 .  Use of Bond Proceeds. 1
Section 15 .  Approval of Bond Purchase Agreement 1
Section 16 .  Preliminary Official Statement Deemed Final 1
Section 17 .  Undertaking to Provide Continuing Disclosure. 1
Section 18 .  Fixing Interest Rate on Assessments. 1
Section 19 .  Effective Date of Ordinance. 1
   

*The cover page, captions of sections and table of contents of this ordinance are for convenience of reference only, and shall not be used to resolve any question of interpretation of this ordinance.

 


 

CITY OF LAKEWOOD, WASHINGTON

 

ORDINANCE NO. 431

  

            AN ORDINANCE relating to local improvement districts; establishing Consolidated Local Improvement District No. 1101 et al. and Consolidated Local Improvement Fund, District No. 1101 et al.; fixing the amount, form, date, interest rates, maturity, and denominations of the Consolidated Local Improvement District No. 1101 et al. Bonds; providing for the sale and delivery thereof to Seattle-Northwest Securities Corporation of Seattle, Washington; and fixing the interest rate on local improvement district assessment installments.

  

WHEREAS, the City Council of the City of Lakewood, Washington (the ?City?), heretofore has created Local Improvement Districts Nos. 1101, 1102 and 1103 (the ?LIDs) for various purposes; and

WHEREAS, RCW 35.45.160 authorizes the establishment of consolidated local improvement districts for the purpose of issuing bonds only and provides that if the governing body of any municipality orders the creation of such consolidated local improvement district, the money received from the installment payment of the principal of and interest on assessments levied within the original local improvement districts shall be deposited in a consolidated local improvement district bond redemption fund to be used to redeem outstanding consolidated local improvement district bonds; NOW, THEREFORE,

THE CITY COUNCIL OF THE CITY OF LAKEWOOD, WASHINGTON, DO ORDAIN as follows:

Section 1.         Consolidation of Local Improvement Districts

.  For the purpose of issuing bonds only, those local improvement districts of the City established by the following ordinances, respectively, the 30 day period for making cash payment of assessments without interest in each local improvement district having expired in the case of the assessments for each local improvement district, are consolidated into a consolidated local improvement district to be known and designated as Consolidated Local Improvement District No. 1101 et al. (sometimes the ?District?):

Local Improvement

District No.

Created by

Ordinance No.

Assessment Balance After

30-day Prepayment Period

1101

340

$1,477,744

1102

340

1,246,960

1103

340

100,000

 

Section 2.         Bond Fund

.  There is created and established in the office of the City Finance Director for Consolidated Local Improvement District No. 1101 et al. a special consolidated local improvement district fund to be known and designated as Consolidated Local Improvement Fund, District No. 1101 et al. (the ?Bond Fund?).  All money presently on hand representing collections pertaining to installments of assessments and interest thereon in each of the local improvement districts listed in Section 1 shall be transferred to and deposited in the Bond Fund, and all collections pertaining to assessments on the assessment rolls of those local improvement districts when hereafter received shall be deposited in the Bond Fund to redeem outstanding Consolidated Local Improvement District No. 1101 et al. Bonds (defined hereafter).

Section 3.  Authorization and Description of Bonds

.  Consolidated Local Improvement District No. 1101 et al. Bonds (the ?Bonds?) shall be issued in the total principal sum of $2,824,704, being the total amount on the assessment rolls of Local Improvement Districts Nos. 1101, 1102 and 1103 remaining uncollected after the expiration of the 30 day interest free prepayment period.  The Bonds shall be dated the date of their delivery to the original purchaser, shall mature on December 1, 2026, and shall be numbered in such manner and with any additional designation (including CUSIP numbers) as the fiscal agent of the State of Washington (as the same may be designated by the State of Washington from time to time) (the ?Bond Registrar?) deems necessary for the purpose of identification; shall be in the denomination of $5,000.00 each or any integral multiple thereof, except for one Bond within the estimated redemption group assigned CUSIP Number 512710AA2 in the principal amount of $4,704 (or $4,704 plus any integral multiple of $5,000.00), and shall bear interest from their date to the maturity or earlier redemption of the Bonds, payable annually on December 1 beginning December 1, 2007, at the rates per annum shown on the following Estimated Redemption schedule:

Estimated

Redemption Dates

   (December 1)   
 

CUSIP

Numbers
  Amounts
 

Interest

 Rates 
       

2007

512710AA2

$159,704

3.750%

2008

512710AB0

160,000

3.800

2009

512710AC8

160,000

3.900

2010

512710AD6

160,000

4.000

2011

512710AE4

160,000

4.050

2012

512710AF1

160,000

4.100

2013

512710AG9

160,000

4.150

2014

512710AH7

155,000

4.200

2015

512710AJ3

155,000

4.250

2016

512710AK0

155,000

4.300

2017

512710AL8

155,000

4.350

2018

512710AM6

155,000

4.400

2019

512710AN4

155,000

4.430

2020

512710AP9

155,000

4.500

2021

512710AQ7

155,000

4.550

2022

512710AR5

155,000

4.600

2023

512710AS3

155,000

4.625

2024

512710AT1

155,000

4.650

 

Interest on the Bonds shall be calculated on the basis of a 360-day year with 30‑day months.  As used in this ordinance, ?CUSIP Numbers? shall mean the identification numbers (or replacement identification numbers) assigned by the CUSIP Service Bureau or its successor to any of the Bonds.

Section 4.  Registration and Transfer of Bonds

.  The Bonds shall be issued only in registered form as to both principal and interest and shall be recorded on books or records maintained by the Bond Registrar (the ?Bond Register?).  Such Bond Register shall contain the name and mailing address of the owner of each Bond and the principal amount and number of each of the Bonds held by each owner.

Bonds may be transferred only if endorsed in the manner provided thereon and surrendered to the Bond Registrar.  The transfer of a Bond shall be by the Bond Registrar?s receiving the Bond to be transferred, canceling it and issuing a new certificate in the form of the Bonds to the transferee after registering the name and address of the transferee on the Bond Register.  The new certificate shall bear the same Bond number as the transferred Bond but may have a different inventory reference number or control number.  Any exchange or transfer shall be without cost to the owner or transferee.  The Bond Registrar shall not be obligated to exchange or transfer any Bond during the 15 days preceding any principal payment or redemption date.

The Bonds initially shall be registered in the name of Cede & Co., as the nominee of The Depository Trust Company, New York, New York (?DTC?).  The Bonds so registered shall be held in fully immobilized form by DTC as depository in accordance with the provisions of a Blanket Issuer Letter of Representations with DTC substantially in the form on file with the City Clerk and by this reference made a part hereof (as it may be amended from time to time, the ?Letter of Representations?).  To induce DTC to accept the Bonds as eligible for deposit at DTC, the City approves the Letter of Representations.  The Mayor or City Manager of the City is authorized and directed to execute and deliver the Letter of Representations, on behalf of the City, to DTC on or before the date of delivery of the Bonds to the purchaser thereof and the payment therefor, with such changes as the Mayor or City Manager of the City deems to be in the best interest of the City, and the execution and delivery of the Letter of Representations shall evidence irrevocably the approval of the Letter of Representations by the City.  Neither the City nor the Bond Registrar shall have any responsibility or obligation to DTC participants or the persons for whom they act as nominees with respect to the Bonds regarding accuracy of any records maintained by DTC or DTC participants of any amount in respect of principal of or interest on the Bonds, or any notice which is permitted or required to be given to registered owners hereunder (except such notice as is required to be given by the Bond Registrar to DTC).

For as long as any Bonds are held in fully immobilized form, DTC, its nominee or its successor depository shall be deemed to be the registered owner for all purposes hereunder and all references to registered owners, bondowners, bondholders or the like shall mean DTC or its nominee and , except for the purpose of the City?s undertaking herein to provide continuing disclosure, shall not mean the owners of any beneficial interests in the Bonds.  Registered ownership of such Bonds, or any portions thereof, may not thereafter be transferred except:  (i) to any successor of DTC or its nominee, if that successor shall be qualified under any applicable laws to provide the services proposed to be provided by it; (ii) to any substitute depository appointed by the City or such substitute depository?s successor; or (iii) to any person if the Bonds are no longer held in immobilized form.

Upon the resignation of DTC or its successor (or any substitute depository or its successor) from its functions as depository, or a determination by the City that it no longer wishes to continue the system of book entry transfers through DTC or its successor (or any substitute depository or its successor), the City may appoint a substitute depository.  Any such substitute depository shall be qualified under any applicable laws to provide the services proposed to be provided by it.

If (i) DTC or its successor (or substitute depository or its successor) resigns from its functions as depository, and no substitute depository can be obtained, or (ii) the City determines that the Bonds are to be in certificated form, the ownership of Bonds may be transferred to any person as provided herein and the Bonds no longer shall be held in fully immobilized form.

Section 5.  Payment of Bonds

.  Both principal of and interest on the Bonds shall be payable solely out of the Bond Fund, and from the Local Improvement Guaranty Fund of the City pursuant to Chapter 35.54 RCW, and shall be payable in lawful money of the United States of America.  Interest on the Bonds shall be paid by check or draft mailed to the registered owners on the interest payment date at the addresses appearing on the Bond Register on the 15th business day of the month preceding the interest payment date.  Principal of the Bonds shall be payable upon presentation and surrender of the Bonds by the registered owners to the Bond Registrar.  Notwithstanding the foregoing, for as long as the Bonds are registered in the name of DTC or its nominee, payment of principal of and interest on the Bonds shall be made in the manner set forth in the Letter of Representations.

Section 6.  Redemption Provisions

.  The City reserves the right to redeem the Bonds prior to their stated maturity on any interest payment date, in order of the estimated redemption date as shown in Section 3 and shall call Bonds for redemption in order of the estimated redemption schedule whenever there shall be sufficient money in the Bond Fund to pay the Bonds so called over and above the amount required for the payment of the interest payable on that interest payment date on all unpaid Bonds.  All Bonds redeemed under this section shall be cancelled.

If fewer than all of the outstanding Bonds of an estimated redemption year are to be called for redemption, the selection of specific Bonds for redemption within that estimated redemption year shall be at random, and for as long as the Bonds are registered in the name of DTC or its nominee, the selection shall be in accordance with the operational arrangements of DTC, then in effect, as referenced in the Letter of Representations.

Section 7.  Notice of Redemption

.  The City shall cause notice of any intended redemption of Bonds to be given not less than 15 nor more than 30 days prior to the date fixed for redemption by first-class mail, postage prepaid, to the registered owner of any Bond to be redeemed at the address appearing on the Bond Register at the time the Bond Registrar prepares the notice, and the requirements of this sentence shall be deemed to have been fulfilled when notice has been mailed as so provided, whether or not it is actually received by the owner of any Bond.  Interest on Bonds called for redemption shall cease to accrue on the date fixed for redemption unless the Bond or Bonds called are not redeemed when presented pursuant to the call.  In addition, the redemption notice shall be mailed within the same period to each NRMSIR or the MSRB and to such other persons and with such additional information as the City Finance Director shall determine, but these additional mailings shall not be a condition precedent to the redemption of Bonds.

Notwithstanding the foregoing, for as long as the Bonds are registered in the name of DTC or its nominee, notice of redemption shall be given in accordance with the Letter of Representations

Section 8.  Failure to Redeem Bonds

.  If any Bond is not redeemed when properly presented at its maturity or call date, the City shall be obligated to pay interest on that Bond at the same rate provided in the Bond from and after its maturity or call date until that Bond, both principal and interest, is paid in full or until sufficient money for its payment in full is on deposit in the Bond Fund and the Bond has been called for payment by giving notice of that call to the registered owner of each of those unpaid Bonds.

Section 9.  Pledge of Assessment Payments

.  Assessments collected in the District, together with interest and penalties, if any, are pledged to the payment of the Bonds which are payable solely out of the Bond Fund and the Local Improvement Guaranty Fund of the City in the manner provided by law.  The Bonds are not general obligations of the City.

Section 10.  Form and Execution of Bonds

.  The Bonds shall be printed, lithographed or typed on good bond paper in a form consistent with the provisions of this ordinance and state law, shall be signed by the Mayor and the City Clerk, either or both of whose signatures may be manual or in facsimile, and the seal of the City or a facsimile reproduction thereof shall be impressed or printed thereon.

Only Bonds bearing a Certificate of Authentication in the following form, manually signed by the Bond Registrar, shall be valid or obligatory for any purpose or entitled to the benefits of this ordinance:

CERTIFICATE OF AUTHENTICATION

 

            This Bond is one of the fully registered City of Lakewood, Washington, Consolidated Local Improvement District No. 1101 et al. Bonds described in the Bond Ordinance.

 

                                                                WASHINGTON STATE FISCAL AGENT

                                                                                                             Bond Registrar

 

By                                                                   

                                                                                     Authorized Signer

 

The authorized signing of a Certificate of Authentication shall be conclusive evidence that the Bond so authenticated has been duly executed, authenticated and delivered and is entitled to the benefits of this ordinance.

If any officer whose facsimile signature appears on the Bonds ceases to be an officer of the City authorized to sign bonds before the Bonds bearing his or her facsimile signature are authenticated or delivered by the Bond Registrar or issued by the City, those Bonds nevertheless may be authenticated, issued and delivered and, when authenticated, issued and delivered, shall be as binding on the City as though that person had continued to be an officer of the City authorized to sign bonds.  Any Bond also may be signed on behalf of the City by any person who, on the actual date of signing of the Bond, is an officer of the City authorized to sign bonds, although he or she did not hold the required office on the date of issuance of the Bond.

Section 11.  Bond Registrar

.  The Bond Registrar shall keep, or cause to be kept, sufficient books for the registration and transfer of the Bonds which shall be open to inspection by the City at all times.  The Bond Registrar is authorized, on behalf of the City, to authenticate and deliver Bonds transferred or exchanged in accordance with the provisions of the Bonds and this ordinance, to serve as the City?s paying agent for the Bonds and to carry out all of the Bond Registrar?s powers and duties under this ordinance and City Ordinance No. 430 establishing a system of registration for the City?s bonds and obligations.

The Bond Registrar shall be responsible for its representations contained in the Bond Registrar?s Certificates of Authentication on the Bonds.  The Bond Registrar may become the owner of Bonds with the same rights it would have if it were not the Bond Registrar and, to the extent permitted by law, may act as depository for and permit any of its officers or directors to act as members of, or in any other capacity with respect to, any committee formed to protect the rights of Bond owners.

Section 12.  Preservation of Tax Exemption for Interest on Bonds

.  The City covenants that it will take all actions necessary to prevent interest on the Bonds from being included in gross income for federal income tax purposes, and it will neither take any action nor make or permit any use of proceeds of the Bonds or other funds of the City treated as proceeds of the Bonds at any time during the term of the Bonds which will cause interest on the Bonds to be included in gross income for federal income tax purposes. 

Section 13.  Small Governmental Issuer Arbitrage Rebate Exception and Designation of Bonds as ?Qualified Tax Exempt Obligations

.?  The City finds and declares that (a) it is a duly organized and existing governmental unit of the State of Washington and has general taxing power; (b) no Bond which is part of this issue of Bonds is a ?private activity bond? within the meaning of Section 141 of the United States Internal Revenue Code of 1986, as amended (the ?Code?); (c) at least 95% of the net proceeds of the Bonds will be used for local governmental activities of the City (or of a governmental unit the jurisdiction of which is entirely within the jurisdiction of the City); (d) the aggregate face amount of all tax exempt obligations (other than private activity bonds and other obligations not required to be included in such calculation) issued by the City and all entities subordinate to the City (including any entity which the City controls, which derives its authority to issue tax exempt obligations from the City or which issues tax exempt obligations on behalf of the City) during the calendar year in which the Bonds are issued is not reasonably expected to exceed $5,000,000; and (e) the amount of tax exempt obligations, including the Bonds, designated by the City as ?qualified tax exempt obligations? for the purposes of Section 265(b)(3) of the Code during the calendar year in which the Bonds are issued does not exceed $10,000,000.  The City therefore certifies that the Bonds are eligible for the arbitrage rebate exception under Section 148(f)(4)(D) of the Code and designates the Bonds as ?qualified tax exempt obligations? for the purposes of Section 265(b)(3) of the Code.

Section 14.  Use of Bond Proceeds

.  Accrued interest on the Bonds, if any, received from the Bond purchaser shall be used to pay debt service on the Bonds on the first interest payment date.  The principal proceeds of the Bonds shall be used to finance the costs of carrying out improvements in Local Improvement Districts Nos. 1101, 1102 and 1103, including repayment of all interfund loans for purposes of the LIDs, to capitalize the Local Improvement Guaranty Fund by the deposit therein at closing of the sum of $282,470, and to pay the costs of issuance of the Bonds.  Until needed to pay those costs, the City may invest principal proceeds temporarily in any legal investment, and the investment earnings may be retained in the Bond Fund and be spent for the purposes of that fund.

Section 15.  Approval of Bond Purchase Agreement

.  Seattle-Northwest Securities Corporation of Seattle, Washington, has presented a purchase agreement (the ?Bond Purchase Agreement?) to the City offering to purchase the Bonds under the terms and conditions provided in the Bond Purchase Agreement, which written Bond Purchase Agreement is on file with the City Clerk and is incorporated herein by this reference.  The City Council finds that entering into the Bond Purchase Agreement is in the City?s best interest and therefore accepts the offer contained therein and authorizes its execution by City officials.

The Bonds will be printed at City expense and will be delivered to the purchaser in accordance with the Bond Purchase Agreement, together with the approving legal opinion of Foster Pepper PLLC, municipal bond counsel, regarding the Bonds.

The proper City officials are authorized and directed to do everything necessary for the prompt delivery of the Bonds to the purchaser, including without limitation the execution of the Official Statement on behalf of the City, and for the proper application and use of the proceeds of the sale thereof.

Section 16.  Preliminary Official Statement Deemed Final

.  The City Council has been provided with copies of a preliminary official statement dated December 4, 2006 (the ?Preliminary Official Statement?), prepared in connection with the sale of the Bonds.  For the sole purpose of the Bond purchaser?s compliance with Securities and Exchange Commission Rule 15c2-12(b)(1), the City ?deems final? that Preliminary Official Statement as of its date, except for the omission of information as to offering prices, interest rates, selling compensation, aggregate principal amount, principal amount per maturity, maturity dates, options of redemption, delivery dates, ratings and other terms of the Bonds dependent on such matters.

Section 17.  Undertaking to Provide Continuing Disclosure

.  To meet the conditions of paragraph (d)(2) of United States Securities and Exchange Commission (?SEC?) Rule 15c2-12 (the ?Rule?) as required to qualify for the limited exemption from paragraph (b)(5) of the Rule, as applicable to a participating underwriter for the Bonds, the City makes the following undertaking (the ?Undertaking?) for the benefit of holders of the Bonds:

(a)        Undertaking to Provide Annual Financial Information and Notice of Material Events.  The City undertakes to provide or cause to be provided, either directly or through a designated agent:

 

             (i)        To any person upon request, or annually to a state information depository, if any, established in the state of Washington (the ?SID?), annual financial information and operating data of the type included in the final official statement for the Bonds that is customarily prepared by the City and is otherwise publicly available (?annual financial information?); and

 

            (ii)        To each nationally recognized municipal securities information repository designated by the SEC in accordance with the Rule (?NRMSIR?) or the Municipal Securities Rulemaking Board (?MSRB?), and to the SID, timely notice of the occurrence of any of the following events with respect to the Bonds, if material: (1) principal and interest payment delinquencies; (2) non-payment related defaults; (3) unscheduled draws on debt service reserves reflecting financial difficulties; (4) unscheduled draws on credit enhancements reflecting financial difficulties; (5) substitution of credit or liquidity providers, or their failure to perform; (6) adverse tax opinions or events affecting the tax-exempt status of the Bonds; (7) modifications to rights of holders of the Bonds; (8) Bond calls (other than scheduled mandatory redemptions of Term Bonds); (9) defeasances; (10) release, substitution, or sale of property securing repayment of the Bonds; and (11) rating changes.

 

The annual financial information that the City undertakes to provide shall be available from the Finance Director of the City, whose current address and telephone number are identified in the final official statement for the Bonds.

 

(b)        Amendment of Undertaking.  The Undertaking is subject to amendment after the primary offering of the Bonds without the consent of any holder of any Bond, or of any broker, dealer, municipal securities dealer, participating underwriter, rating agency, NRMSIR, the SID or the MSRB, under the circumstances and in the manner permitted by the Rule.

 

The City will give notice to each NRMSIR or the MSRB, and the SID, of the substance (or provide a copy) of any amendment to the Undertaking and a brief statement of the reasons for the amendment.  If the amendment changes the type of annual financial information to be provided, the annual financial information containing the amended financial information will include a narrative explanation of the effect of that change on the type of information to be provided.

 

(c)        Beneficiaries.  The Undertaking evidenced by this section shall inure to the benefit of the City and any holder of Bonds, and shall not inure to the benefit of or create any rights in any other person.

 

(d)        Termination of Undertaking.  The City?s obligations under this Undertaking shall terminate upon the legal defeasance of all of the Bonds.  In addition, the City?s obligations under this Undertaking shall terminate if those provisions of the Rule which require the City to comply with this Undertaking become legally inapplicable in respect of the Bonds for any reason, as confirmed by an opinion of nationally recognized bond counsel or other counsel familiar with federal securities laws delivered to the City, and the City provides timely notice of such termination to each NRMSIR or the MSRB and the SID. 

 

(e)        Remedy for Failure to Comply with Undertaking.  As soon as practicable after the City learns of any failure to comply with the Undertaking, the City will proceed with due diligence to cause such noncompliance to be corrected.  No failure by the City or other obligated person to comply with the Undertaking shall constitute a default in respect of the Bonds.  The sole remedy of any holder of a Bond shall be to take such actions as that holder deems necessary, including seeking an order of specific performance from an appropriate court, to compel the City or other obligated person to comply with the Undertaking.

 

(f)         Designation of Official Responsible to Administer Undertaking.  The Finance Director of the City (or such other officer of the City who may in the future perform the duties of that office) or his or her designee is authorized and directed in his or her discretion to take such further actions as may be necessary, appropriate or convenient to carry out the Undertaking of the City in respect of the Bonds set forth in this section and in accordance with the Rule.

 

(g)        Centralized Dissemination Agent.  To the extent authorized by the SEC, the City may satisfy the Undertaking by transmitting the required filings using http://www.disclosureusa.org (or such other centralized dissemination agent as may be approved by the SEC).

 

Section 18.  Fixing Interest Rate on Assessments

.  The interest rate on the installments and delinquent payments of the special assessments in the District is revised and fixed at the rate of 5.15% per annum.

Section 19.  Effective Date of Ordinance

.  This ordinance shall take effect and be in force from and after its passage and five days following its publication as required by law.

PASSED by the City Council of the City of Lakewood, Washington, at a special open public meeting thereof, of which notice was given as required by law, this 11th day of December, 2006.

                                                                         

                                                                                                      Claudia Thomas, Mayor

 

ATTEST:

                                                                          

Alice Bush, MMC, City Clerk

 

APPROVED AS TO FORM:

                                                                         

Heidi Ann Wachter, City Attorney

  


 

CERTIFICATION

 

I, the undersigned, City Clerk of the City of Lakewood, Washington (the ?City?), hereby certify as follows:

 

1.         The attached copy of Ordinance No. 431 (the ?Ordinance?) is a full, true and correct copy of an ordinance duly passed at a special meeting of the City Council of the City held at the regular meeting place thereof on December 11, 2006, as that ordinance appears on the minute book of the City; and the Ordinance will be in full force and effect five days after publication in the City?s official newspaper.

 

            2.         Written notice specifying the time and place of the special meeting and noting the business to be transacted was given to all members of the City Council by mail or by personal delivery at least 24 hours prior to the special meeting, a true and complete copy of which notice is attached hereto as Appendix 1.

 

            3.         Written notice of the special board meeting was given to each local radio or television station and to each newspaper of general circulation that has on file with the City a written request to be notified of special meetings.

 

4          A quorum of the members of the City Council was present throughout the meeting and a majority of those members present voted in the proper manner for the passage of the Ordinance.

 

            IN WITNESS WHEREOF, I have hereunto set my hand this 11th day of December, 2006.

 

CITY OF LAKEWOOD, WASHINGTON

  

_____________________________________

Alice Bush, MMC, City Clerk