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HomeMy WebLinkAbout06-23-2014 City of Arlington Council Agenda Bill Item: WS #2 Attachment A COUNCIL MEETING DATE: June 23, 2014 SUBJECT: Bond Sale to refinance 2004 and 2009 LTGO Bonds ATTACHMENTS: Preliminary Official Statement Draft Bond Ordinance DEPARTMENT OF ORIGIN Finance; Contact Jim Chase – 360-403-3422 EXPENDITURES REQUESTED: -0- BUDGET CATEGORY: N/A LEGAL REVIEW: DESCRIPTION: It advantageous to refinance the both the 2004 and the 2009 Limited Tax General Obligation Bonds to take advantage of current low interest rates. The 2004 bonds were issued to finance the construction of Police Station/City Hall Annex, and the 2009 bonds were used to finance the Airport Office expansion. We will be meeting with Standard and Poor’s to obtain a bond rating for this issue. HISTORY: Lindsay Sovde, a Managing Director with Piper Jaffray & Co., has determined the City could save an estimated $668,000 (May Calculations) in net present value savings over the next 20 years by refinancing the 2004 LTGO Bonds. The Bonds currently pay interest ranging from 4.6% to 4.85%. It is estimated by refinancing the rates could be in the 2.00% to 5.00% range. By refinancing the 2009 bonds, currently paying interest at 4.75%, the estimated net present value savings could amount to $51,000 over the next ten years. Interest rates could also be in the 2% to 5% range. The City has utilized the services of Piper Jaffray in the past. Ms. Sovde has extensive experience in municipal bond refinancing. She will be attending the June 23rd meeting. Nancy Neraas, with Foster Pepper, has more than 25 years of experience as bond counsel for cities, counties, and special districts. She will also be attendance at the meeting. ALTERNATIVES Table for additional review. Do not refinance the 2004 LTGO Bonds. Do not refinance the 2009 LTGO Bonds. RECOMMENDED MOTION: Discussion only. PRELIMINARY OFFICIAL STATEMENT DATED _________________________, 2014 $7,735,000* City of Arlington, Washington Limited Tax General Obligation Refunding Bonds, 2014 DATED: Date of Initial Delivery (estimated to be August 19, 2014) DUE: December 1, as shown on the inside cover STANDARD & POOR’S RATING—Applied for; see “Rating” herein. BANK QUALIFIED—The City of Arlington, Washington (the “City”) has designated its Limited Tax General Obligation Refunding Bonds, 2014 (the “Bonds”) as “qualified tax-exempt obligations” under Section 265(b)(3)(B) of the Internal Revenue Code of 1986, as amended (the “Code”) for banks, thrift institutions and other financial institutions. See “Tax Matters” herein. BOOK-ENTRY ONLY—The Bonds will be issued as fully registered bonds in denominations of $5,000, or integral multiples thereof within a single maturity, and will be registered in the name of Cede & Co., as bond owner and nominee for The Depository Trust Company (“DTC”). DTC will act as securities depository for the Bonds. Purchasers will not receive certificates representing their interest in the Bonds purchased. PRINCIPAL AND INTEREST PAYMENTS—Interest on the Bonds will be payable semiannually on each June 1 and December 1, commencing on December 1, 2014, to maturity or earlier redemption. Principal of and interest on the Bonds will be payable by the fiscal agency of the State of Washington, currently The Bank of New York Mellon (the “Bond Registrar”), as further described herein. For so long as the Bonds remain in a “book -entry only” transfer system, the fiscal agent will make such payments only to DTC, which in turn is obligated to remit such principal and interest to its Participants for subsequent disbursement to Beneficial Owners of the Bonds as further described herein in Appendix B—Book-Entry Transfer System. MATURITY SCHEDULE LOCATED ON INSIDE COVER REDEMPTION—The Bonds are subject to optional redemption prior to their stated maturities as further described herein. SECURITY—The Bonds are limited tax general obligations of the City. The City has irrevocably covenanted and agreed that it will include in its annual budget and levy ad valorem taxes annually, within the constitutional and statutory tax limitations provided by law without a vote of the electors of the City, upon all the taxable property within the City in amounts sufficient, together with all other money of the City legally available for such purposes, to pay the principal of and interest on the Bonds as the same shall become due. The full faith, credit and resources of the City have been pledged irrevocably for the annual levy and collection of such taxes and the prompt payment of such principal and interest. The Bonds do not constitute a debt or indebtedness of the State of Washington (the “State”) or any political subdivision thereof other than the City. See “Security for the Bonds” and “Taxing Authority” herein. TAX EXEMPTION—In the opinion of Bond Counsel, under existing federal law and assuming compliance with applicable requirements of the Internal Revenue Code of 1986, as amended (the “Code”), that must be satisfied subsequent to the issue date of the Bonds, interest on the Bonds is excluded from gross income for federal income tax purposes and is not an item of tax preference for purposes of the alternative minimum tax applicable to individuals. However, while interest on the Bonds also is not an item of tax preference for purposes of the alternative minimum tax applicable to corporations, interest on the Bonds received by corporations is tak en into account in the computation of adjusted current earnings for purposes of the alternative minimum tax applicable to corporation s, interest on Bonds received by certain S corporations may be subject to tax, and interest on the Bonds received by foreign corporations with United States branches may be subject to a foreign branch profits tax. Receipt of interest on the Bonds may have other federal tax consequences for certain taxpayers. See “TAX MATTERS.” DELIVERY—The Bonds are offered for sale to the original purchaser subject to the final approving legal opinion of Bond Counsel. It is expected that the Bonds will be available for delivery to the Bond Registrar on behalf of DTC by Fast Automated Securities Transfer, on or about August 19, 2014. * Preliminary, subject to change. This cover page contains certain information for quick reference only. It is not a summary of the issue. Investors must read the entire Official Statement to obtain information essential to the making of an informed investment decision. Th i s i s a P r e l i m i n a r y O f f i c i a l S t a t e m e n t , s u b j e c t t o c o r r e c t i o n a n d c h a n g e . T h e C i t y h a s a u t h o r i z e d t h e d i s t r i b u t i o n o f t h e Pr e l i m i n a r y O f f i c i a l S t a t e m e n t t o pr o s p e c t i v e p u r c h a s e r s an d o t h e r s . U p o n t h e s a l e o f t h e B o n d s , t h e C i t y w i l l c o m p l e t e a n d d e l i v e r a n O f f i c i a l S t a t e m e n t s u b s t a n t i a l l y i n t h i s f o r m . i City of Arlington, Washington MATURITY SCHEDULE $7,735,000* Limited Tax General Obligation Refunding Bonds, 2014 Due Interest Due Interest Dec. 1 Amounts* Rates Yields Price CUSIP Dec. 1 Amounts* Rates Yields Price CUSIP 2014 $ 105,000 % % 2025 $ 455,000 % % 2015 65,000 2026 480,000 2016 65,000 2027 505,000 2017 70,000 2028 530,000 2018 70,000 2029 555,000 2019 70,000 2030 585,000 2020 70,000 2031 610,000 2021 75,000 2032 645,000 2022 455,000 2033 680,000 2023 475,000 2034 710,000 2024 460,000 * Preliminary; subject to change. ii City of Arlington 238 N. Olympic Avenue Arlington, Washington 98223 Phone: (360) 403-3421 www.arlingtonwa.gov* Mayor and City Council Barbara Tolbert Mayor Richard Butner Council Member Marilyn Oertle Council Member Debora Nelson Council Member Chris Raezer Council Member Jan Schuette Council Member Jesica Stickles Council Member Randy Tendering Council Member Certain City Officials Allen Johnson City Administrator James W. Chase Finance Director Kristin Banfield Assistant City Administrator/City Clerk Steve J. Peiffle City Attorney Bond Counsel Foster Pepper PLLC Seattle, Washington (206) 447-4400 Bond Registrar The Bank of New York Mellon Dallas, Texas 1-800-438-5473 * The City’s website is not part of this Official Statement, and investors should not rely on information presented in the City’s website in determining whether to purchase the Bonds. This inactive textual reference to the City’s website is not a hyperlink and does not incorporate the City’s website by reference. This Official Statement does not constitute an offer to sell the Bonds in any jurisdiction in which or to a person to whom it is unlawful to make such an offer. No dealer, salesperson or other person has been authorized by the City or the Underwriter to give any information or to make any representations, other than those contained herein, in connection with the offering of th e Bonds and, if given or made, such information or representations must not be relied upon. The information and expressions of opinion herein are subject to change without notice, and neither the delivery of this Official Statement nor any sale made hereunder will, under any circumstances, create an implication that there has been no chan ge in the affairs of the City since the date hereof. The Underwriter has provided the following sentence for inclusion in this Official Statement. The Underwriter has reviewed t he information in this Official Statement in accordance with, and as part of, its responsibility to investors under the federal securities laws as applied to the facts and circumstances of this transaction, but the Underwriter does not guarantee the accuracy or completeness of such information. This Preliminary Official Statement will be “deemed final” by the City, pursuant to Rule 15c2 -12 promulgated by the Securities and Exchange Commission under the Securities Exchange Act of 1934, as amended, except for information which is permitted to be excluded from this Preliminary Official Statement under Rule 15c2-12. In connection with this offering, the Underwriter may over-allot or effect transactions that stabilize or maintain the market price of the Bonds at levels above those which might otherwise prevail in the open market. Such s tabilizing, if commenced, may be discontinued at any time. The CUSIP numbers are included on the inside cover of this Official Statement for convenience of the holders and potential holders of the Bonds. No assurance can be given that the CUSIP numbers for the Bonds will remain the same after the date of issuance and delivery of the Bonds. iii This page left blank intentionally. iv Table of Contents Page Description of the Bonds ............................................................................................................................................................... 1 Authorization for Issuance .................................................................................................................................................. 1 Principal Amount, Date, Interest Rates and Maturities ................................................................................................... 1 Redemption Provisions ........................................................................................................................................................ 1 Open Market Purchase ......................................................................................................................................................... 2 Bond Registrar and Registration Features ......................................................................................................................... 2 Book-Entry Bonds ................................................................................................................................................................. 2 Termination of Book-Entry System .................................................................................................................................... 2 Refunding or Defeasance of the Bonds .............................................................................................................................. 3 Purpose and Use of Proceeds ....................................................................................................................................................... 3 Purpose ................................................................................................................................................................................... 3 Plan of Refunding ................................................................................................................................................................. 3 Verification of Mathematical Calculations ........................................................................................................................ 4 Estimated Sources and Uses of Funds ................................................................................................................................ 4 Security for the Bonds ................................................................................................................................................................... 4 General ................................................................................................................................................................................... 4 Bonded Indebtedness .................................................................................................................................................................... 5 Outstanding Debt .................................................................................................................................................................. 6 Other Non-Voted Debt Secured by the General Fund ..................................................................................................... 6 Summary of Limited Tax General Obligation Bond Debt Service Requirements ........................................................ 6 Summary of Overlapping Debt ........................................................................................................................................... 7 Net Direct and Overlapping Debt ....................................................................................................................................... 7 Debt Payment Record ........................................................................................................................................................... 7 Future Financings ................................................................................................................................................................. 7 Taxing Authority............................................................................................................................................................................ 8 Authorized Property Tax Levies ......................................................................................................................................... 8 Overlapping Taxing Districts .............................................................................................................................................. 9 General Property Taxes ........................................................................................................................................................ 9 Regular Property Tax Limitations..................................................................................................................................... 10 Assessed Value .................................................................................................................................................................... 11 Property Tax Collection Procedure................................................................................................................................... 11 2014 Major Property Taxpayers ........................................................................................................................................ 12 Collection of Other Taxes ................................................................................................................................................... 13 Authorized Investments ............................................................................................................................................................. 14 Local Government Investment Pool ................................................................................................................................. 14 Authorized Investments for Bond Proceeds .................................................................................................................... 15 Financial Information .................................................................................................................................................................. 16 The City ......................................................................................................................................................................................... 18 Principal City Officers ........................................................................................................................................................ 18 City Staff ............................................................................................................................................................................... 18 Labor Relations .................................................................................................................................................................... 19 Pension System .................................................................................................................................................................... 19 Other Post-Employment Benefits...................................................................................................................................... 20 Insurance .............................................................................................................................................................................. 20 Accounting and Budgeting Policies .................................................................................................................................. 21 Auditing of City Finances .................................................................................................................................................. 21 Initiative and Referendum .......................................................................................................................................................... 26 Tax Matters ................................................................................................................................................................................... 26 Exclusion From Gross Income ........................................................................................................................................... 26 Continuing Requirements .................................................................................................................................................. 26 Alternative Minimum Tax ................................................................................................................................................. 26 Tax on Certain Passive Investment Income of S Corporations ..................................................................................... 26 Foreign Branch Profits Tax ................................................................................................................................................ 27 Possible Consequences of Tax Compliance Audit .......................................................................................................... 27 Certain Other Federal Tax Consequences ........................................................................................................................ 27 Preservation of Tax Exemption .................................................................................................................................................. 28 Rating ............................................................................................................................................................................................ 28 Continuing Disclosure................................................................................................................................................................. 28 Legal and Underwriting.............................................................................................................................................................. 29 Approval of Counsel .......................................................................................................................................................... 29 Absence of Material Litigation .......................................................................................................................................... 29 Underwriting ....................................................................................................................................................................... 30 Conflicts of Interest ............................................................................................................................................................. 30 Concluding Statement ........................................................................................................................................................ 30 Form of the Opinion of Bond Counsel ..................................................................................................................... Appendix A Book-Entry Transfer System ...................................................................................................................................... Appendix B 2012 Audited Financial Statements .......................................................................................................................... Appendix C v This page left blank intentionally. OFFICIAL STATEMENT City of Arlington, Washington $7,735,000* Limited Tax General Obligation Refunding Bonds, 2014 The City of Arlington, Washington (the “City”), a municipal corporation duly organized and existing under and by virtue of the laws of the State of Washington (the “State”), furnishes this Official Statement in connection with the offering of $7,735,000* aggregate principal amount of its Limited Tax General Obligation Refunding Bonds, 2014 (the “Bonds”). This Official Statement provides information concerning the City and the Bonds. Description of the Bonds Authorization for Issuance Under and in accordance with State laws, the Bonds are issued pursuant to Ordinance No. ____ (the “Bond Ordinance”), passed by the City Council (the “Council”) on ________________, 2014, and the authority of chapters 39.36, 39.46 and 39.53 of the Revised Code of Washington (“RCW”). The Bonds do not require voter approval. Principal Amount, Date, Interest Rates and Maturities The Bonds will be dated and bear interest from the date of initial delivery to the Underwriter. The Bonds will mature on the dates and in the principal amounts and will bear interest (payable semiannually on each June 1 and December 1, commencing December 1, 2014) until the maturity or earlier redemption of the Bonds at the rates set forth on the inside cover of this Official Statement. Interest on the Bonds will be computed on the basis of a 360-day year consisting of twelve 30-day months. Principal of and interest on the Bonds will be payable by the fiscal agency of the State of Washington, currently The Bank of New York Mellon (the “Bond Registrar”). Redemption Provisions Optional Redemption. The Bonds maturing on or after _____________ may be redeemed at the option of the City at any time on or after June 1, 2024, as a whole or in part at par plus accrued interest to the date of redemption. Partial Redemption. Portions of the principal amount of any Bond, in authorized denominations of $5,000 or any integral multiple thereof within a single maturity (“Authorized Denomination”), may be redeemed. If less than all of the principal amount of any Bond is redeemed, upon surrender of that Bond to the Bond Registrar, there will be issued to the Registered Owner, without charge therefor, a new Bond (or Bonds, at the option of the Registered Owner) of the same series, maturity and interest rate in any Authorized Denomination in the aggregate principal amount remaining unredeemed. Selection of Bonds for Redemption. Each series, if fewer than all of the Bonds are to be redeemed prior to maturity, the City will select the maturity or maturities to be redeemed. For each series, if fewer than all of the outstanding Bonds within a maturity are to be redeemed prior to maturity, the Bonds to be redeemed will be selected randomly in such manner as the Bond Registrar determines. Notwithstanding the foregoing, for as long as the Bonds are registered in the name of DTC or its nominee, such Bonds will be selected in accordance with the Letter of Representations between the City and DTC. Notice of Redemption. While the Bonds are held by DTC in book-entry only form, any notice of redemption will be given at the time, to the entity and in the manner required by DTC in accordance with the Letter of Representations, and the Bond Registrar will not be required to give any other notice of redemption. If the Bonds cease to be in book-entry only form, the City will cause notice of any intended redemption of Bonds to * Preliminary, subject to change. be given by the Bond Registrar not less than 20 nor more than 60 days prior to the date fixed for redemption by first-class mail, postage prepaid, to the Registered Owner of any Bond to be redeemed at the address appearing on the Bond Register at the Bond Registrar’s close of business on the date on which the Bond Registrar prepares the notice of redemption, and the requirements of this sentence will be deemed to have been fulfilled when notice has been mailed as so provided, whether or not it is actually received by the Registered Owner of any Bond. In the case of an optional redemption, the notice may state that the City retains the right to rescind the redemption notice and the related optional redemption of Bonds by giving a notice of rescission to the affected Registered Owners at any time prior to the scheduled optional redemption date. Any notice of optional redemption that is so rescinded will be of no effect, and the Bo nds for which the notice of optional redemption has been rescinded will remain outstanding. Effect of Redemption. Interest on Bonds called for redemption will cease to accrue on the date fixed for redemption unless either the notice of redemption is rescinded as set forth above or money sufficient to effect such redemption is not on deposit in the Bond Fund . Open Market Purchase The City reserves the right and option to purchase any or all of the Bonds in the open market at any time at any price acceptable to the City. All Bonds so purchased shall be canceled. Bond Registrar and Registration Features The Bonds will be issued as fully registered bonds and, when issued, will be registered in the name of Cede & Co. as Registered Owner and as nominee for DTC. DTC will act as initial securities depository for the Bonds. Individual purchases and sales of the Bonds may be made in book -entry form only in Authorized Denominations. Purchasers (“Beneficial Owners”) will not receive certificates representing their interest in the Bonds. Principal of and interest on the Bonds will be payable by the Bond Registrar (or such other fiscal agency or agencies as the State may from time to time designate). So long as Cede & Co. is the Registered Owner of the Bonds, principal of and interest on the Bonds are payable by wire transfer by the Bond Registrar to DTC, which in turn is obligated to remit such principal and interest to its Participants for subsequent disbursement to the Beneficial Owners of the Bonds, as further described herein in Appendix B-“Book-Entry Transfer System.” Book-Entry Bonds DTC will act as securities depository for the Bonds. The ownership of one fully registered Bond for each maturity of each series of the Bonds, as set forth on the cover of this Official Statement, each in the aggregate principal amount of such maturity, will be registered in the name of Cede & Co., as nominee for DTC. See Appendix B attached hereto for additional information. As indicated herein, certain information in Appendix B has been provided by DTC. The City makes no representation as to the accuracy or completeness thereof. Purchasers of the Bonds should confirm this information with DTC or its participants. Termination of Book-Entry System If DTC resigns as the securities depository and no substitute can be obtained, or if the City has determined that the Bonds are to be in certificated form, the City will execute, authenticate and deliver at no cost to the Beneficial Owners of the Bonds or their nominees, Bonds in fully registered form, in any Authorized Denomination. Thereafter, interest on the Bonds will be paid by electronic transfer on the interest payment date, or by check or draft of the Bond Registrar mailed on the interest payment da te to the persons in whose names such Bonds are registered at the address appearing upon the Bond Register on the 15th day of the month next preceding an interest payment date. However, the City is not required to make electronic transfers except pursuant to a request by a registered owner in writing received at least 10 days before an interest payment date and at the sole expense of the requesting registered owner. Principal of a Bond will be payable upon presentation and surrender of the Bond by the reg istered owner to the Bond Registrar. The Bonds will be transferable as provided in the Bond Ordinance. Refunding or Defeasance of the Bonds The City may issue refunding bonds pursuant to State law and use money available from any other lawful sources to carry out a refunding or defeasance plan, which may include (a) paying when due the principal of and interest on the affected Bonds (the “defeased Bonds”); (b) redeeming the defeased Bonds prior to their maturity; and (c) paying the costs of the refunding or defeasance. If the City sets aside in a special trust fund or escrow account irrevocably pledged to that redemption or defeasance (the “trust account”), money and/or Government Obligations maturing at such time or times and bearing interest in amounts sufficient to redeem, refund or defease the defeased Bonds in accordance with their terms, then all right and interest of the owners of the defeased Bonds in the covenants of the Bond Ordinance and in the funds and accounts obligated to the payment of such defeased Bonds, other than the right to receive the funds so set aside and pledged, thereafter shall cease and become void. Thereafter, the owners of the Defeased Bonds will hav the right to receive payment of the principal of and interest on the defeased Bonds solely from the trust account and the defeased Bonds will be deemed no longer outstanding. In that event, the City may apply money remaining in any fund or account (other than the trust account) established for the payment or redemption of the defeased Bonds to any lawful purpose. If the Bonds are registered in the name of DTC or its nominee, notice of any defeasance of Bonds will be given to DTC in the manner prescribed in the Letter of Representations for notices of redemption of Bonds. Purpose and Use of Proceeds Purpose The proceeds from the sale of the Bonds will be used to (i) refund a portion of the City’s outstanding limited tax general obligation debt for debt service savings (see “Plan of Refunding” below); (ii) prepay the City’s Limited Tax General Obligation Bond, 2009 issued to provide part of the funds to expand the administrative building at the City’s municipal airport (the “2009 Bond”), currently outstanding in the principal amount of $535,249.57; and (iii) pay the costs of issuance of the Bonds. Plan of Refunding Depending on market conditions on the day of pricing, a portion of the proceeds from the sale of the Bonds will be used to refund on a current basis all or a portion of the City’s Limited Tax General Obligation Bon ds, 2004 maturing on December 1 in the years 2022 through 2028 and 2034 currently outstanding in the aggregate principal amount of $7,700,000 (the “Refunding Candidates,” and as selected on the pricing date, the “Refunded Bonds”). Information on the Refunding Candidates is as follows: Refunding Candidates Maturity Years Principal Interest CUSIP (December 1) Amounts Rates Numbers 2022 $ 440,000 4.60% 042038BG3 2023 460,000 4.65 042038BH1 2024 485,000 4.75 042038BJ7 2025 505,000 4.75 042038BK4 2026 530,000 4.75 042038BL2 2027 555,000 4.75 042038BM0 2028 585,000 4.75 042038BN8 2034* 4,140,000 4.85 042038BU2 * Term Bonds. From a portion of the proceeds of the Bonds, the City will irrevocably set aside funds to provide payment of: (a) interest on the Refunded Bonds when due up to and including September 18, 2014; and (b) on September 18, 2014, the redemption price (par) of the Refunded Bonds. The funds, interest earned thereon, and necessary cash balance, if any, will irrevocably be pledged to and held in trust for the benefit of the owners of the Refunded Bonds by U.S. Bank National Association (the “Refunding Trustee”), pursuant to an escrow deposit agreement to be executed by the City and the Refunding Trustee. Verification of Mathematical Calculations Piper Jaffray & Co., Seattle, Washington, will verify the accuracy of the mathematical computations concerning the adequacy of the funds to be placed in the escrow account to pay on the call date, pursuant the call for redemption, the principal of and interest on the Refunded Bonds. Estimated Sources and Uses of Funds The proceeds of the Bonds are estimated to be applied as follows: Sources of Funds Par Amount of the Bonds (1) $ 7,735,000 Net Premium/(Discount) Total Sources of Funds $ Use of Funds Prepayment of the 2009 Bond $ Refunding of the Refunded Bonds Issuance Costs (2) Additional Proceeds Total Use of Funds $ (1) Preliminary, subject to change. (2) Includes Bond Counsel fees, rating fees, underwriter’s discount, and other costs associated with the issuance of the Bonds. Security for the Bonds General The Bonds are limited tax general obligation bonds of the City. For as long as any of the Bonds are outstanding, the City has irrevocably pledged that it will, in the manner provided by law within the constitutional and statutory limitations provided by law without the assent of the voters, include in its annual levy amounts sufficient, together with other money that is lawfully available, to pay principal of and interest on the Bonds as the same becomes due. The full faith, credit and resources of the City have been pledged irrevocably for the prompt payment of the principal of and interest on the Bonds and such pledge is enforceable in mandamus against the City. See “Bonded Indebtedness” and “Taxing Authority.” The City may, subject to applicable laws, apply other funds available to make payments with respect to the Bonds and thereby reduce the amount of future tax levies for such purpose. The Bonds do not constitute a debt or indebtedness of the State or any political subdivision thereof other than the City. Bonded Indebtedness The City may, without a vote of the electorate, issue debt as follows: (1) Pursuant to an ordinance specifying the amount and object of the expenditure of the proceeds, the City Council may borrow money for corporate purposes and issue bonds and notes within the constitutional and statutory limitations on indebtedness. The Bonds will represent this type of indebtedness. (2) The City may execute conditional sales contracts for the purchase of real or personal property. (3) The City may execute capital or financing leases with or without an option to purchase. The Bonds are limited tax general obligations, issued without a vote of the electorate. As prescribed by State statutes, the unlimited tax general obligation indebtedness permitted for cities, subject to a 60 percent majority vote of registered voters, is limited to 2.5 percent of assessed value for general purposes, 2.5 percent for utilities and 2.5 percent for open space/park facilities. Within the 2.5 percent of assessed value for general purposes, the City may, without a vote of the electors, incur general obligation indebtedness in an amount not to exceed 1.5 percent of assessed value. Within that 1.5 percent of assessed value for general purposes issued without a vote of the electors, the City may enter into capital or financing leases if the total principal component of the lease payments, together with the other nonvoted general obligation indebtedness of the City, does not exceed 1.5 percent of assessed value. The combination of unlimited tax and limited tax general obligation debt for general purposes, including leases, cannot exceed 2.5 percent of assessed value and for all purposes cannot exceed 7.5 percent of assessed value. The Bonds are issued without a vote. Computation of Debt Capacity (As of August 19, 2014) 2014 Tax Collection Year Assessed Value $ 1,816,314,125 Nonvoted Debt Capacity 1.5% of Assessed Value $ 27,244,711 Less: Outstanding Nonvoted Debt (1) (11,089,550) Less: The Bonds (2) (7,735,000) Remaining Nonvoted Debt Capacity $ 8,420,161 Voted and Nonvoted Debt Capacity for General Purposes 2.5% of Assessed Value $ 45,407,853 Less: Outstanding Nonvoted Debt (1) (11,089,550) Less: The Bonds (2) (7,735,000) Less: Outstanding Voted Debt 0 Total Remaining Voted and Nonvoted Debt Capacity for General Purposes $ 26,583,303 (1) Includes limited tax general obligation debt and other nonvoted general obligation debt; excludes the Refunding Candidates. (2) Preliminary, subject to change. Source: City of Arlington. Outstanding Debt Long Term Borrowing General Obligations: Non-voted Dated Date of Amount Amount Limited Tax General Obligation Bonds (1) Date Maturity Issued Outstanding LTGO & Ref., 2007 06/12/07 12/01/27 $ 3,630,000 $ 2,825,000 LTGO & Ref., 2010 08/18/10 12/01/30 6,010,000 5,045,000 The Bonds 08/19/14 12/01/34 7,735,000 (2) 7,735,000 (2) LTGO Bond Total $ 17,375,000 $ 15,605,000 (1) Excludes the Refunding Candidates and the 2009 Bond. (2) Preliminary, subject to change. Other Non-Voted Debt Secured by the General Fund As of June 1, 2014, the City has a general obligation note payable for land purchase outstanding in the amount of $3,200,000 with a final maturity of May 1, 2040. Additionally, t he City has two lease agreements outstanding in the total amount of $19,550 with a final maturity of April 1, 2015. Summary of Limited Tax General Obligation Bond Debt Service Requirements (1) (1) Totals may not foot due to rounding. Includes only bonds and does not include other evidences of indebtedness shown on previous page. (2) Any principal and/or interest payments made prior to August 19, 2014 have been excluded. Excludes the Refunding Candidates and the 2009 Bond. (3) Preliminary, subject to change; assumes interest rates range from 2.00% to 5.00%. Cal.Outstanding LTGO Bonds (2)Total Debt Years Principal Interest Principal Interest Service 2014 600,000$ 161,778$ 105,000$ 103,728$ 970,506$ 2015 605,000 303,705 65,000 364,000 1,337,705 2016 630,000 278,005 65,000 362,700 1,335,705 2017 670,000 251,255 70,000 360,750 1,352,005 2018 695,000 222,786 70,000 358,650 1,346,436 2019 730,000 195,268 70,000 356,550 1,351,818 2020 755,000 166,349 70,000 353,750 1,345,099 2021 730,000 136,461 75,000 350,950 1,292,411 2022 300,000 106,961 455,000 347,950 1,209,911 2023 310,000 94,471 475,000 329,750 1,209,221 2024 325,000 81,498 460,000 310,750 1,177,248 2025 340,000 67,911 455,000 287,750 1,150,661 2026 355,000 53,683 480,000 265,000 1,153,683 2027 370,000 38,118 505,000 241,000 1,154,118 2028 145,000 21,890 530,000 215,750 912,640 2029 150,000 14,920 555,000 189,250 909,170 2030 160,000 7,700 585,000 161,500 914,200 2031 - - 610,000 132,250 742,250 2032 - - 645,000 101,750 746,750 2033 - - 680,000 69,500 749,500 2034 - - 710,000 35,500 745,500 Total 7,870,000$ 2,202,758$ 7,735,000$ 5,298,778$ 23,106,536$ The Bonds (3) Summary of Overlapping Debt (As of June 1, 2014) Estimated 2014 Assessed Percent Outstanding Overlapping Overlapping Taxing District Value Overlap (1) GO Debt Debt Arlington School District No. 16 $ 3,009,796,561 46.84% $ 36,660,000 $ 17,172,029 Public Hospital District No. 3 3,127,846,977 44.69 55,595,000 23,951,312 Fire Protection District No. 19 347,199,148 7.41 1,717,000 127,320 Snohomish County 79,448,742,407 2.29 456,786,655 10,442,809 Marysville School District No. 25 5,606,282,153 0.01 82,260,000 9,206 Total $ 51,702,677 (1) Represents the percentage of each taxing district’s assessed value within the City. Source: Snohomish County Assessor and Treasurer and individual taxing districts. Net Direct and Overlapping Debt The following tables present information regarding the City’s direct debt (including the Bonds) and the estimated portion of the debt of overlapping taxing districts allocated to the City’s residents. Regular Assessed Value (2014 Collection Year) $ 1,816,314,125 Estimated 2014 Population (1) Debt Information Direct Debt (2) $ 18,824,550 Estimated Overlapping Debt (as previously detailed herein) 51,702,677 Total Net Direct and Overlapping Debt $ 70,527,227 (1) Estimate derived from the State of Washington, Office of Financial Management, Forecasting Division. (2) Preliminary, subject to change; includes the Bonds plus limited tax general obligation bonds and other nonvoted debt. Excludes the Refunding Candidates and the 2009 Bond. Bonded Debt Ratios Direct Debt to Assessed Value 1.04% Direct and Overlapping Debt to Assessed Value 3.88% Per Capita Assessed Value $ Per Capita Direct Debt $ Per Capita Total Direct and Overlapping Debt $ Debt Payment Record The City has promptly met all debt service requirements on outstanding obligations. No refunding bonds have been issued to prevent an impending default. Future Financings Other than the Bonds, the City has no authorized but unissued general obligation bonds outstanding. The City is currently in the process of setting up a $500,000 line of credit with a bank to finance the purchase of police vehicles, computer equipment and emergency radio equipment from 2014 to 2016. Approximately $186,000 will be financed in 2014 Taxing Authority Authorized Property Tax Levies The City’s regular levy for the 2014 collection year is $1.37469/$1,000. The regular levy is imposed without a vote of the people for general purposes, including payment of debt service on the Bonds, and is subject to limitations (see “Taxing Authority – General Property Taxes” and “– Regular Property Tax Limitations” herein). The maximum regular levy rate that the City is authorized to impose may not exceed $3.60/$1,000 of assessed value, less the regular levy rates actually imposed in any given year by the Sno-Isle Intercounty Rural County Rural Library District (the “Library District”) into which the City is annexed. Voter-approved excess levies by the Library District do not affect the City’s maximum levy rate. The Library District’s maximum levy rate may not exceed $0.50/$1,000. The Library District’s 201 4 regular levy rate is $0.50/$1,000 assessed value. Of the maximum levy rate of $3.60/$1,000, $0.225/$1,000 must be used for fire pension funding purposes, if required; otherwise this tax may be levied and used for any other municipal purpose. The City may also, upon voter approval, impose certain additional levies for specified purposes (e.g., a levy for emergency medical services) and excess levies (unlimited as to rate or amount), to pay debt service on unlimited tax general obligation bonds. An excess levy also may be imposed without a vote to prevent the impairment of a contract (RCW 84.52.052). In April 2014, taxpayers voted to increase property taxes by $0.58 per $1,000 of assessed value. The increase is expected to result in an increase of $1,044,000 in property taxes in 2015. This is a permanent increase in property taxes. The following table shows the City’s levy rates and dollar amounts levied since 2010. Ad Valorem Tax Levies (Dollars per $1,000 of Assessed Value) Collection Levy Rates Levy Amounts Year General EMS Total General EMS Total 2014 $1.37469 $0.50000 $1.87469 $2,496,862 $908,157 $3,405,019 2013 1.41986 0.50000 1.91986 2,457,063 865,251 3,322,313 2012 1.31274 0.50000 1.81274 2,395,563 912,430 3,307,993 2011 1.16941 0.46460 1.63401 2,359,636 937,468 3,297,104 2010 1.03410 0.41072 1.44482 2,315,625 919,701 3,235,326 Source: Snohomish County Assessor’s and Treasurer’s Offices. Overlapping Taxing Districts The overlapping taxing districts within the City have the statutory power to levy regular property taxes at the following rates subject to the limitations provided by chapter 84.55 RCW, and to levy certain other voter approved property taxes. For purposes of demonstration, representative levy rates for “levy code 110” of Snohomish County (the “County”), as well as the statutory regular levy rate limitation of each type of potential overlapping district, are listed below. Levy code 110 is wholly within the City, however it does not include all of the property within the City; as a result, additional taxing districts, not listed below, levy taxes within the City. Representative Levy Rates for the 2014 Tax Collection Year Representative Statutory Levy Rates Regular Levy Rate Limit Per $1,000 of Per $1,000 of Assessed Value (1) Assessed Value Snohomish County $ 1.07871 $1.800 (4) County (Road Levy) n/a (2) 2.25 Rural Library District 0.50000 0.500 Port District n/a (2) 0.450 Fire Protection District n/a (2) 1.50 The City 1.37469 3.600 (5)(6) Hospital District No. 3 1.37121 (3) 0.75 State Schools 2.38435 3.600 (7) School District No. 16 5.29836 n/a (8) Emergency Medical Services 0.50000 Total rate for the County levy code 110: $ 12.50732 (1) Includes both “regular” and “excess” (voter approved) levies. (2) The County levy code 110 is included within the City and therefore does not have a County Road levy. Likewise, it does not contain a port district or fire protection district. (3) Includes voter-approved bond levies totaling $0.97357. (4) Pursuant to RCW 84.52.043(1), a county may increase its levy from $1.80 per $1,000 of assessed value to a rate not to exceed $2.475 per $1,000 of assessed value for general county purposes if (i) the total levies for both the county and any road levy imposed within the county do not exceed $4.05 per $1,000 of assessed value and (ii) no other taxing district has its levy reduced as a result of the increased county levy. Road levies are collected only within the unincorporated portions of a county and therefore do not apply to any territory within the City. The County imposes a road levy at a rate of $1.74055 per $1,000 of assessed value. (5) Pursuant to RCW 41.16.060, $0.225 of the total $3.60 must be used for fire pension funding purposes, if required; otherwise this tax may be levied and used for any other municipal purpose. (6) The City’s levy authority of $3.60 per $1,000 of assessed value is reduced by the actual rate levied by the Library District which has the authority to levy up to $0.50 per $1,000 of assessed value. (7) Pursuant to RCW 84.52.043(1), the levy by the State may not exceed $3.60 per $1,000 of assessed value adjusted to the State equalized value in accordance with the indicated ratio fixed by the State Department of Revenue, which levy is to be used exclusively for the support of the common schools. (8) Washington school districts do not have nonvoted regular levy authority. Source: Snohomish County Assessor’s Office. General Property Taxes The following provides a general description of the City’s authority to levy property taxes and limitations thereon, the method of determining the assessed value of real and personal property, tax collection procedures, and tax collection information. Authorized Property Taxes. The City is authorized to levy both “regular” property taxes and “excess” property taxes. (1) Regular Property Taxes. Regular property taxes are subject to constitutional and statutory limitations as to rates and amounts and commonly are imposed by taxing districts for general municipal purposes, including the payment of debt service on limited tax general obligation indebtedness, such as the Bonds. Regular property taxes do not require voter approval except for certain increases and for certain special additional levies for limited specified purposes. (2) Excess Property Taxes. Excess property taxes are not subject to limitation as to rates or amounts but must be authorized by a 60 percent approving popular vote, as provided in Article VII, Section 2, of the State Constitution and RCW 84.52.052. To be valid, such popular vote must have a minimum voter turnout of 40 percent of the number who voted at the last City general election, except that one - year excess tax levies also are valid if the turnout is less than 40 percent and the measure receives a number of affirmative votes equal to or greater than 24 percent of the number who voted at the last City general election. Excess levies may be imposed without a popular vote when necessary to prevent impairment of the obligations of contracts. Regular Property Tax Limitations The authority of a city to levy taxes without a vote of the people for general city purposes, including the payment of debt service on limited tax general obligation indebtedness, such as the Bonds, is subject to the limitations described below. Information relating to regular property tax limitations is based on existing statutes and constitutional provisions. Changes in such laws could alter th e impact of other interrelated tax limitations on the City. Regular property tax levies are subject to rate limitations and amount limitations and to the uniformity requirement of Article VII, Section 1 of the Washington Constitution, which specifies that a taxing district must levy the same rate on similarly classified property throughout the district. Aggregate property taxes vary within the County because of its different overlapping taxing districts. In the event th at the maximum permissible levy varies within the City, the lowest permissible rate for any part of the City would be applied to the entire City. Maximum Rate Limitation. For general City purposes, Title 84 RCW authorizes the imposition of tax levies at rates not to exceed statutory maximums (see “Overlapping Taxing Districts” herein). RCW 84.52.043 allows a city to levy taxes of up to $3.375 per $1,000 of taxable property in the city. In addition, if not needed to fund a firefighters pension fund, the city may levy an additional $0.225 for general municipal purposes, bringing the maximum levy rate to $3.60 per $1,000. These taxes may be levied without a vote of the people. This limitation is exclusive of a levy for the maintenance of a local improvement guaranty fund. See “Assessed Value and Property Tax Collection Procedure” herein. The One Percent Aggregate Regular Levy Limitation. Article VII, Section 2 of the Washington Constitution, as amended in 1973, limits aggregate regular property tax levi es imposed by the State and all taxing districts, except port districts and public utility districts, to one percent of the true and fair value of property. RCW 84.52.050 provides the same limitation by statute. $5.90/$1,000 Aggregate Regular Levy Limitation. Within the one percent limitation described above, RCW 84.52.043(2) imposes an aggregate limitation on regular tax levies by all taxing districts, other than the State, of $5.90/$1,000 of assessed value, except levies for any port or public utility d istrict; excess levies authorized in Article VII, Section 2 of the Washington Constitution; certain metropolitan park district levies; ferry district levies; a portion of certain levies by fire protection districts; transit levies by certain counties; and certain levies for acquiring conservation futures, for emergency medical services or care, and to finance affordable housing, county criminal justice levies, and a portion of certain flood district levies . Uniformity Requirement. Article VII, Section 1 of the Washington Constitution requires that property taxes be levied at a uniform rate upon the same class of property within the territorial limits of a taxing district levying such taxes. It is possible because of different overlapping taxing districts in different areas of the City that the maximum permissible levy might vary within the City. In that event, to comply with the constitutional requirement for uniformity of taxation, the lowest permissible rate for any part of the City would be applied to the entire City. Prioritization of Levies. RCW 84.52.010 provides that if aggregate levies certified by all taxing districts exceed the aggregate levy limitations described above, levies certified by junior taxing districts are reduced or eliminated in order to bring the aggregate levy into compliance with the statutory maximum prescribed by RCW 84.52.050 and 84.52.043. RCW 84.52.043 defines “junior taxing districts” as all taxing districts other than the state, counties, road districts, cities, towns, port districts, and public utility districts. The City is not a junior taxing district. The Levy Amount Increase Limitation. The regular property tax increase limitation (chapter 84.55 RCW) limits the total dollar amount of regular property taxes levied by an individual local taxing district such as the City to the amount of such taxes levied in the highest of the three most recent years multiplied by a “limit factor,” plus a full value adjustment to account for taxes on new construction, annexations, impr ovements and State- assessed property at the previous year's rate. The limit factor is the lesser of 101 percent of the highest levy in the three previous years (excluding new construction, improvements, and State -assessed property) or 100 percent plus inflation, unless a supermajority of the Council approves a limit factor of 101 percent. Any increase in excess of this amount must be approved by a simple majority of the voters, pursuant to a “levy lid lift” ballot proposition, as described below. RCW 84.55.092 allows the property tax levy to be set at the amount that would be allowed if the tax levy for taxes due in each year since 1986 had been set at the full amount allowed under chapter 84.55 RCW. Thus, if any year a taxing district levies an amount that is less than the maximum allowed under the limit described above, the amount that was not levied will nevertheless be included in the base for determining levy limit in future years. This is sometimes referred to as “banked” levy capacity. The City do not have any banked levy capacity. With a majority vote of its electors, a taxing district may levy a greater amount than what otherwise would be allowed by the tax increase limitation. This increase may be imposed indefinitely or for a limited period, and revenues may be (but are not required to be) dedicated to satisfy a limited purpose, all as allowed by RCW 84.55.050. This is known as a “levy lid lift.” A levy lid lift may not be used to increase the levy if it would cause the taxing district’s levy to exceed the rate limitations above. Since the regular property tax increase limitation applies to the total dollar amount levied rather than to levy rates, increases in the assessed value of all property in the taxing district (excluding new c onstruction, improvements, certain wind farm property, and State-assessed property) which exceed the rate of growth in taxes allowed by the limit factor result in decreased regular tax levy rates, unless voters authorize a higher levy or the taxing district uses banked levy capacity. Decreases in the assessed value of all property in the taxing district (including new construction, improvements, certain wind farm property, and State-assessed property) or increases in such assessed value that are less than the rate of growth in taxes imposed, among other events, may result in increased regular tax levy rates. Assessed Value The Snohomish County Assessor, or equivalent thereof (“Assessor”), determines the value of all real and personal property throughout the County that is subject to ad valorem taxation, except certain utility properties which are valued by the State Department of Revenue. The Assessor is an elected official whose duties and methods of determining value are prescribed and controlled by statute and by detailed regulations promulgated by the State Department of Revenue. For tax purposes, the assessed value of property is 100 percent of its market value. Three approaches may be used to determine real property value: market data, replacement cost and income generating capacity. In the County, all property is subject to an annual property valuation and an on-site revaluation every four years. The property is listed by the Assessor on a roll at its current assessed value and the roll is file d in the Assessor’s office. The Assessor’s determinations are subject to revisions by the County Board of Equalization and, for certain property, subject to further revisions by the State Board of Tax Appeals. Property Tax Collection Procedure Property taxes are levied in specific amounts and the rate for all taxes levied for all taxing districts in the County is determined, calculated and fixed by the Assessor based upon the assessed value of the property within the various taxing districts. The Assessor extends the taxes to be levied within each taxing district on a tax roll that contains the total amount of taxes to be so levied and collected. By January 15 of each year, the tax roll is delivered to the Snohomish County Treasurer (the “Treasurer”), or equivalent thereof, who creates a tax account for each taxpayer and is responsible for the collection of taxes due to each account. All such taxes are due and payable on April 30 of each year, but if the amount due from a taxpayer exceeds $50, one-half may be paid then and the balance no later than October 31 of that year. Delinquent taxes are subject to interest at the rate of 12 percent per year computed on a monthly basis from the date of delinquency until paid. In addition, a penalty of three percent is assessed on June 1st of the year in which the tax was due and eight percent on December 1st of the year due. All collections of interest on delinquent taxes are credited to the County’s current expense fund. The method of giving notice o f payment of taxes due, the accounting for the money collected, the division of the taxes among the various taxing districts, notices of delinquency, and collection procedures are covered by detailed statutes. The lien on property taxes is prior to all ot her liens or encumbrances of any kind on real or personal property subject to taxation. By law the Treasurer may not commence foreclosure of a tax lien on real property until three years have passed since the first delinquency. The State’s courts have no t decided whether the Homestead Law (chapter 6.13 RCW) may give the occupying homeowner a right to retain the first $125,000 of proceeds (effective July 22, 2007) of the forced sale of the family residence or other “homestead” property for delinquent general property taxes. (See Algona v. Sharp, 30 Wn. App. 837, 638 P.2d 627 (1982), holding the homestead right superior to the improvement district assessments.) The United States Bankruptcy Court for the Western District of Washington has held that the home stead exemption applies to the lien for property taxes, while the State Attorney General has taken the position that it does not. Property Tax Collection Record Tax Collection Collection Assessed Ad Valorem Year As of Year Valuation (1) Tax Levy of Levy 05/31/14 2014 $1,816,314,125 $3,405,019 (2) (2) 2013 1,727,872,805 3,322,313 97.0% 98.5% 2012 1,822,509,261 3,307,993 96.9 99.1 2011 2,018,675,444 3,297,104 96.8 99.7 2010 2,239,257,103 3,235,326 96.0 99.8 2009 2,306,249,447 3,132,395 95.2 99.9 (1) Assessed value is based upon 100 percent of estimated actual valuation. (2) In process of collection. NOTE: Taxes are due and payable on April 30 of each year of the levy. The entire tax or first half must be paid on or before April 30, otherwise the total amount becomes delinquent on May 1. The second half of the tax is payable on or before October 31, becoming delinquent November 1. Source: Snohomish County Assessor and Treasurer’s Offices. 2014 Major Property Taxpayers Percent of 2014 Collection Year City’s Taxpayer Type of Business Assessed Valuation Total A.V. Smokey Point Properties Property management $ 30,415,025 1.67% Senior Operations LLC Military tank components 29,974,766 1.65 Arlington Advanced Mfg. Park Property mgmt/development 19,687,700 1.08 Lowe’s Companies of 61 Retail home improvement 17,106,200 0.94 Wal-Mart Retail department and grocery 16,338,000 0.90 Safeway Inc. Retail grocer 14,450,650 0.80 M&M Arlington LLC Retail shopping center 13,292,000 0.73 Cook Investments NW Indust. Park Financial planning/investments 10,828,500 0.60 MGP X Porperties Property mgmt/development 10,261,000 0.56 Ramo Realty & Construction Property mgmt/development 10,079,700 0.55 Subtotal – Ten of the City’s Largest Taxpayers 172,433,541 9.49 All Other City Taxpayers 1,643,880,584 90.51 Total City Taxpayers $ 1,816,314,125 100.00% Sources: Snohomish County Assessor’s Office. Collection of Other Taxes In addition to regular property tax levies, the City is also authorized to impose various other taxes, including those described below. Neither the State nor any municipal corporation of the State is authorized under the Constitution to impose a tax on net income. Local Sales and Use Tax. In addition to the State, the City imposes a sales and use tax as a percent of the selling price on any retail sale or use of tangible personal property within the City, upon which the State also imposes a sales and use tax. A portion of the total sales and use tax collected i s a local tax and is returned to the city or county or certain other local jurisdictions where the sales transaction took place. The City’s sales and use tax is collected by the State Department of Revenue (the “Department”) under a contract with the City that provides for a deduction by the Department of 1% (not exceeding 2% of the tax collected) for the Department’s administration costs. Of the remaining 99%, the Department distributes 15% to the County and distributes the remaining 85% to the City for retail sales and use tax on a monthly basis. In 2013, the amount of the City’s distribution was $3,279,622. In addition to the 1% sales tax, the City receives a portion of a 1/10 of 1% sales tax for criminal justice purposes. This tax is distributed with 10% going to the County and the remaining 90% distributed to cities and the County based on population. The City received $259,803 in 2013 for this tax. Streamlined Sales and Use. In 2003, the State Legislature approved legislation authorizing the State’s membership in the Streamlined Sales and Use Tax Agreement (the “SSUTA”), in an effort to make sales and use taxes in the State more uniform with other states. Congress has requi red that state sales taxes be more uniform before Congress will permit taxation of interstate catalogue and Internet sales. In 2007, the State Legislature adopted legislation fully conforming to the SSUTA. Effective July 1, 2008, the sales tax system changed in the State from an origin-based system to a destination-based system. Under destination sourcing, sales taxes on goods delivered to customers in the State are credited to the taxing jurisdiction where the goods are delivered (as opposed to the point of sale) and the rate of the tax is determined by the local rate in the destination taxing jurisdiction. The State Legislature enacted certain provisions to mitigate net losses in sales and use tax collections of local taxing jurisdictions resulting from the change to a destination-based system. To qualify, the local taxing jurisdiction must be negatively impacted by the legislation and the local sales tax must be in effect before July 1, 2008, among other requirements. Money for mitigation is subjec t to appropriation by the State Legislature. In 2013, the amount of the mitigation for the impact of the SSUTA received by the City was $97,310. Utility Taxes. Utility taxes are taxes applied to utilities providing services in the City including City -owned and privately-owned utilities. The City levies a tax of 5% on City owned utilities (Water, Sewer and Stormwater) and 6% tax on telephone, electric and natural gas utilities. In addition, the City levies a tax of 8% on solid waste disposal and cable television services. The City collects revenues from the following major types of taxes: ad valorem property taxes, retails sales and use taxes, utility taxes and others (including gambling taxes, leasehold excise taxes and admission taxes). The following table shows the historical general fund collections from these major tax sources. Historical General Fund Revenue Sources Budget Actual Actual Actual Actual 2014 2013 2012 2011 2010 Source: City of Arlington. In addition to these general fund tax revenues, the City collects a real estate excise taxes from property sales, some of which goes directly towards the payment of general obligation debt service. A table showing historical revenue from this source is as follows: Budget Actual Actual Actual Actual 2014 2013 2012 2011 2010 Source: City of Arlington. Authorized Investments Chapter 35.39 RCW limits the investment by cities and towns of its inactive funds or other funds in excess of current needs to the following authorized investments: United States bonds; United States certificates of indebtedness; bonds or warrants of the S tate and any local government in the State; its own bonds or warrants of a local improvement district which are within the protection of the local improvement guaranty fund law; and any other investment authorized by law for any other taxing district or the State Treasurer. Under chapter 43.84 RCW, the State Treasurer may invest in non-negotiable certificates of deposit in designated qualified public depositories; in obligations of the US government, its agencies and wholly owned corporations; in bankers’ acceptances; in commercial paper; in the obligations of the federal home loan bank, federal national mortgage association and other government corporations subject to statutory provisions and may enter into repurchase agreements. Utility revenue bonds and warrants of any city and bonds or warrants of a local improvement district are also eligible investments (RCW 35.39.030). Money available for investment may be invested on an individual fund basis or may, unless otherwise restricted by law, be commingled within one common investment portfolio. All income derived from such investment may be either apportioned to and used by the various participating funds or for the benefit of the general government in accordance with city ordinances or resolutions. Funds derived from the sale of bonds or other instruments of indebtedness will be invested or used in such manner as the authorizing ordinances, resolutions or bond covenants may lawfully prescribe. Local Government Investment Pool The State Treasurer’s Office administers the Washington State Local Government Investment Pool (the “LGIP”), which invests money on behalf of more than 640 cities, counties and special taxing districts. In its management of LGIP, the State Treasurer is required to adhere, at all times, to the principles appropriate for the prudent investment of public funds. These are, in priority order, (i) the safety of principal; (ii) the assurance of sufficient liquidity to meet cash flow demands; and (iii) to attain the highest possible yiel d within the constraints of the first two goals. Historically, the LGIP has had sufficient liquidity to meet all cash flow demands. The LGIP, authorized by chapter 43.250 RCW, is a voluntary pool which provides its participants the opportunity to benefit from the economies of scale inherent in pooling. It is also intended to offer participants increased safety of principal and the ability to achieve a higher investment yield than would otherwise be available to them. The pool is restricted to investments with maturities of one year or less, and the average life typically is less than 90 days. Investments permitted under the pool’s guidelines include U.S. government and agency securities, bankers’ acceptances, high quality commercial paper, repurchase and reverse repurchase agreements, motor vehicle fund warrants, and certificates of deposit issued by qualified Washington State depositories. As of May 31, 2014, the City’s investments at market value totaled $17,428,678, 20 percent of which was invested in the LGIP. Authorized Investments for Bond Proceeds In addition to the eligible investments discussed above, bond proceeds may also be invested in mutual funds with portfolios consisting of U.S. government and guaranteed agency securities with aver age maturities of less than four years; municipal securities rated in one of the four highest categories; and money market funds consisting of the same, so long as municipal securities held in the fund(s) are in one of the two highest rating categories of a nationally recognized rating agency. Bond proceeds may also be invested in shares of money market funds with portfolios of securities otherwise authorized by law for investment by local governments (RCW 39.59.030). Financial Information Comparative General Fund Resources and Uses Arising from Cash Transactions (Fiscal Years Ended December 31) (1) In 2010, the Program Development Fund balance of $125,063 was added into the General Fund beginning cash balance. (2) In 2009, the Recycling Fund balance of $21,989 was added into the General Fund beginning cash balance. Source: City of Arlington. Preliminary 2013 2012 2011 2010 2009 2008 Beginning Cash and Investments 553,433$ 22,891$ 474,190$ 478,276$ (1)289,109$ (2)452,007$ Operating Revenues Taxes 8,952,185 8,619,811 8,230,965 7,959,680 7,239,817 7,496,817 Licenses and Permits 498,397 679,185 534,711 415,516 306,187 368,856 Intergovernmental Revenues 509,035 744,330 810,183 1,523,112 604,647 603,707 Charges for Goods and Services 1,029,968 2,565,326 2,732,811 2,443,562 2,329,636 1,715,365 Fines and Penalties 199,553 251,820 266,759 326,256 314,546 297,204 Miscellaneous Revenues 37,241 256,725 42,383 37,378 36,559 28,398 Other Financing Sources 12,785 4,900 169,402 4,048,253 1,636,857 671,698 Total Operating Revenues 11,239,164 13,122,097 12,787,213 16,753,757 12,468,249 11,182,045 Total Resources 11,792,597 13,144,988 13,261,403 17,232,033 12,757,358 11,634,052 Operating Expenditures General Government 1,349,550 2,511,228 2,956,314 3,239,293 3,275,180 3,359,850 Public Safety 6,866,517 6,800,430 6,977,391 6,583,093 6,375,424 5,871,624 Utilities and Environment 292,871 597,394 515,856 643,232 688,844 29,009 Economic Environment 583,822 574,872 885,292 826,021 1,120,273 1,357,858 Culture and Recreation 397,127 354,226 460,887 522,785 616,884 679,402 Total Operating Expenditures 9,489,887 10,838,150 11,795,740 11,814,424 12,076,605 11,297,742 Debt Service 876,847 867,549 811,425 4,059,123 0 0 Capital Outlay 146,393 206,999 45,493 252,341 56,362 63,541 Total Expenditures 10,513,127 11,912,698 12,652,658 16,125,888 12,132,967 11,361,284 Other Financing Uses 707,385 650,000 562,577 621,238 250,149 45,989 Total Expenditures and Other Uses 11,220,512 12,562,698 13,215,235 16,747,126 12,383,116 11,407,272 Excess (Deficit) of Resources Over Uses 572,085 582,290 46,168 484,907 374,242 226,780 Non-revenues 218,050 303,064 187,810 256,571 255,827 310,426 Non-expenditures 148,220 331,921 211,087 267,288 276,857 270,086 Ending Net Cash and Investments 641,915$ 553,433$ 22,891$ 474,190$ 353,212$ (1)267,120$ (2) Actual Budget – General Fund Revenues & Expenditures (Fiscal Years Ended December 31) Source: City of Arlington. Adopted Projected 2014 2015 Revenues Taxes 8,951,100$ 10,189,000 Licenses and Permits 596,800 561,000 Intergovernmental Revenues 505,992 512,100 Charges for Services 2,263,588 2,284,588 Fines and Forfeits 320,200 320,200 Miscellaneous Revenues 18,750 20,750 Non-Revenues 259,000 259,000 Other Financing Sources 70,100 40,100 Total Operating Expenditures 12,985,530 14,186,738 Beginning Fund Balance 500,000 500,000 Total Revenues 13,485,530 14,686,738 Operating Expenditures Salaries 6,199,068 6,321,467 Benefits 2,089,366 2,165,268 Supplies 127,600 116,150 Charges for Services 1,153,161 1,116,688 Intergovernmental 862,339 881,800 Non-Expenditures 259,000 259,000 Capital Outlay 57,600 37,800 Debt Service 872,720 923,380 Interfund Charges and Transfers 1,314,676 1,865,094 Transfer to Building Reserve 0 50,000 Transfer to Mandatory Reserve 50,000 50,000 Total Operating Expenditures 12,985,530 13,786,647 Ending Fund Balance 500,000 900,091 Total Expenditures 13,485,530$ 14,686,738$ The City The City is a non-charter, code city incorporated in 1903. The City encompasses an area of 9.25 square miles in northwestern Snohomish County along Interstate 5 and has a 2014 population of approximately ________. The City operates under the laws of the State applicable to a code city with a Mayor-Council form of government. City elected officials consist of the Mayor and seven council members. The six Council members are elected to four-year terms, as is the Mayor. The seventh member is at-large and elected to a two-year term. Council members serve staggered terms. The Council is responsible, among other things, for passing ordinances and resolutions, adopting the budget, appointing committees, and adopting general policies and goals for the City. The Mayor appoints, subject to Council approval, a City Administrator who serves as chief administrator of the City and oversees the entire City government under the direction of the Mayor and the policies of the Council. All City department managers report to the City Administrator. The City is a general-purpose government and provides public safety, fire prevention, street improvement, parks and recreation, health and social services, and general administrative services. In addition, the City operates facilities for water supply/treatment/distribution, sewage collection/treatment, storm water (drainage) collection and a municipal airport. Other local governments provide public education and library services. The Council holds regular meetings the first and third Mondays of each month and workshop meetings on the second and fourth Mondays, and special meetings as needed. All meetings are open to the public as provided by law and agenda items are prepared in advance. Principal City Officers Current members of the Council are: Member Position Term Expires Barbara Tolbert Mayor January 1, 2016 Richard Butner Council Member January 1, 2016 Marilyn Oertle Council Member January 1, 2016 Debora Nelson Council Member January 1, 2018 Chris Raezer Council Member January 1, 2018 Jan Schuette Council Member January 1, 2018 Jesica Stickles Council Member January 1, 2018 Randy Tendering Council Member January 1, 2016 City Staff Barbara Tolbert, Mayor. Ms. Tolbert was elected Mayor in November 2011 and took office on January 1, 2012. She also serves at the Executive Director for the Arlington Fly-In. Ms. Tolbert studied Business Administration at Grand Valley State University. Her current term expires on January 1, 2016. Allen Johnson, City Administrator. Mr. Johnson was appointed as City Administrator in May, 2005. Mr. Johnson holds a Masters Degree in Administration from the University of Missouri an d the University of Colorado. Mr. Johnson has worked in public administration for over 30 years in the states of Colorado, Montana and now Washington. Kristin Banfield, Assistant City Administrator/City Clerk. Mrs. Banfield was appointed City Clerk in November, 2009. She served as City Administrator from January 2001 through June 2004, and also served as A ssistant to the Administrator. She holds a Bachelor of Science, Public Administration from the University of Southern California. Jim Chase, Finance Director. Mr. Chase was appointed Finance Director in November, 2009. He was previously with the City of Pasco, Washington for over 22 years, the last 10 years as Finance Manager. He attended Whitworth College in Spokane, Washington. Labor Relations Approximately 129 full-time and part-time employees are currently employed by the City. The majority of City employees who are eligible under State law to be represented by a labor organization are employed under provisions of negotiated contracts with the bargaining units listed below. The City strives to complete agreements with all groups in a timely manner, consistent with all applicable State law and to promote labor relation policies mutually beneficial to management and employees. The City considers its relationships with the bargaining units to be satisfactory. No. of Employees Union Represented Agreement Expires IAFF Local 3728 (Fire) 27 December 31, 2014 Arlington Police Officers 24 December 31, 2014 AFSCME 48 December 25, 2014 Pension System Substantially all of the City’s employees are enrolled in cost-sharing multiple-employer pension plans administered by the State Department of Retirement Systems: Public Employees Retirement System (“PERS”) and the Law Enforcement Officers and Fire Fighters Retirement System (“LEOFF”). Contributions by both employees and employers are based on gross wages. PERS and LEOFF participants who joined the system by September 30, 1977 are Plan 1 members. PERS participants who joined on or after October 1, 1977 and by August 31, 2002 are Plan 2 members, unless they exercise an option to transfer to Plan 3. PERS participants joining on or after September 1, 2002 have the irrevocable option of choosing membership in Pla n 2 or Plan 3. LEOFF participants who joined on or after October 1, 1977 are Plan 2 members. PERS Plans 1 and 2 and LEOFF are defined-benefit pension plans. PERS Plan 3 is a hybrid defined -benefit and defined-contribution pension plan. The following tables outline the contribution rates of employees and employers under PERS and LEOFF. In 2013, the City contributed $1,028,854 to PERS and $291,748 to LEOFF. PERS Contribution Rates as of December 31, 2013 PERS Plan 1 PERS Plan 2 PERS Plan 3 (1) (1) Includes a 0.18% administration fee. LEOFF Contribution Rates as of December 31, 2013 Employee 0.00% 8.41% Employer (1) 0.18% 5.23% State 0.00% 3.36% (1) Includes a 0.18% administration fee. Information regarding all of these plans is presented in annual financial report of the State Department of Retirement Systems, which may be obtained from: Department of Retirement Systems 1025 East Union Street P.O. Box 48380 Olympia, WA 98504-8380 Internet Address: www.drs.wa.gov (which website is not incorporated herein by reference) While the City’s contributions in 2013 represented its full current liability under PERS and LEOFF, any unfunded pension benefit obligations within the systems could be reflected in future years as higher contribution rates. The website of the Office of the State Actuary includes information regarding the values and funding levels of these retirement plans. According to the Office of the State Actuary, as of June 30, 2012, PERS Plans 2 and 3 and LEOFF 1 and 2 and PERS 2 had no unfunded actuarial accrued liability. However, during the years 2001 through 2010 the rates adopted by the Legislature were lower than those that would have been required to produce actuarially required contributions to PERS Plan 1, a closed plan with a large proportion of the retirees. According to a report issued by the Office of the State Actuary in August 2013, and subject to the assumptions therein, the total unfunded actuarial accrued liability of PERS Plan 1 was $3.847 billion (69% funded on an actuarial basis) as of June 30, 2012. The assumptions used by the State Actuary in calculating the unfunded liability as of June 30, 2012 of PERS and LEOFF are 7.9 percent annual rate of investment return (7.5% for LEOFF—Plan 2), 3.75 percent salary increases, 3.0 percent inflation and 0.95 percent growth in membership (1.25% for LEOFF). To report funded status, liabilities were valued using the “Projected Unit Credit” cost method and assets valued using the actuarial value of assets. Assets for one plan may not be used to fund benefits for another plan; however, all employers in PERS are required to make contributions at rates (percentage of payroll) determined by the Offi ce of the State Actuary every two years for the purpose of amortizing within a rolling 10 -year period the unfunded actuarial accrued liability in PERS Plan 1. The State Legislature in 2009 established certain maximum contribution rates that began in 2009 and continue until 2015 and certain minimum contribution rates that are to become effective in 2015 and remain in effect until the actuarial value of assets in PERS Plan 1 equal 100 percent of actuarial accrued liability of PERS Plan 1. These rates are subject to change by future legislation enacted by the State Legislature to address future changes in actuarial and economic assumptions and investment performance. Other Post-Employment Benefits In accordance with chapter 41.26 RCW, the City provides continuation of medical insurance coverage to employees that retire under the LEOFF retirement system, which includes all police officers and fire fighters who were hired prior to October 1, 1977. Medical coverage continues for the life of the retiree. The plan is a closed, single-employer defined benefit healthcare plan administered by the City. As of December 31, 2013, six retirees and no active employees received benefits, and a total of $63,494 was paid out for those benefits during the year. The City’s annual other post-employment benefit (“OPEB”) cost is calculated based on the annual required contribution (“ARC”), an amount actuarially determined in accordance with the parameters of Governmental Accounting Standards Board (“GASB”) Statement 45. The ARC represents a level of funding that, if paid on an ongoing basis, is projected to cover the normal cost each year and to amortize any unfunded actuarial liabilities over a period not to exceed thirty years. Insurance The City is a member of the Washington Cities Insurance Authority (“WCIA”) of Washington and its insurance pool (the “Pool”). WCIA is fully funded by its members, who make annual assessments on a prospectively rated basis, as determined by an outside, independent actuary. The assessment covers loss, loss adjustment and administrative expenses. WCIA retains the right to additionally assess the membership for any funding shortfall. WCIA offers a combination of self-insurance and standard insurance to cover liability and property risks and provides related risk management services. Liability coverage is written on an occurrence basis, without deductibles. Coverage includes general, automobile, police professional, public officials errors and omissions, stop gap and employee be nefits liability. Limits are $4 million per occurrence in the self-insured layer, and $16 million per occurrence in the reinsured excess layer. The excess layer is insured by the purchase of reinsurance and insurance and is subject to aggregate limits. Total limits are $20 million per occurrence subject to aggregate and sub-limits in the excess layer. The Board of Directors of WCIA determines the limits and terms of the coverage annually. Insurance coverage for property, automobile physical damage, fidelity, inland marine, and boiler and machinery are purchased on a group basis. Various deductibles apply by type of coverage. Property insurance and auto physical damage are self-funded from the members’ deductible to $750,000, for all perils other tha n flood and earthquake, and insured above that amount by the purchase of insurance. Accounting and Budgeting Policies The accounts of the City are organized on the basis of funds and account groups, each of which is considered a separate accounting entity. Each fund is accounted for with a separate set of revenues and expenditures, as appropriate. The City's resources are allocated to and accounted for in individual funds depending on their intended purpose. Annual appropriated budgets are adopted at the fund level, except in the general fund, where expenditures are adopted at the department level. The budgets constitute the legal authority for expenditures at that level. Annual appropriations for all funds lapse at the fiscal period end. The Finance Director is authorized to transfer budgeted amounts between departments within any fund/object within departments; however, any revisions that alter the total expenditures of a fund must be approved by the City Council. The City Council approves all expenditures for payroll and claims. Auditing of City Finances Accounting systems and budgetary controls are prescribed by the Office of the State Auditor in accordance with RCW 43.09.200 and RCW 43.09.230. State statutes require audits for cities to be conducted by the Office of the State Auditor. The City complies with the systems and controls prescribed by the Office of the State Auditor and establishes procedures and records which reasonably assure safeguarding of assets and the reliability of financial reporting. The State Auditor is required to examine the affairs of cities at least once every two years. The City i s audited annually. The examination must include, among other things, the financial condition and resources of the City, whether the laws and constitution of the State are being complied with, and the methods and accuracy of the accounts and reports of the City. Reports of the auditor’s examinations are required to be filed in the office of the State Auditor and in the finance department of the City. The audited financial statements of the City for the year ended December 31, 201 2, attached as Appendix C, are incorporated by reference to this Official Statement. Demographic Information Incorporated in 1903, the City is located in northern Snohomish County approximately 10 miles north of Everett and 40 miles north of Seattle. The City limits cover an area of approximately 9.25 square miles, and is roughly bounded by the Stillaguamish River and its flood plain on the north-northwest. The City of Marysville lies to the south and the Tulalip Indian Reservation to the southwest. Further east up the Stillaguamish Valley is the Town of Darrington. The City and the immediate area is primarily suburban and rural residential with supporting retail and commercial enterprises. Light industrial and manufacturing businesses are located in the central portions of the City around the city-owned Arlington Airport. Population 2014 2013 730,500 18,270 104,200 2012 722,900 17,970 103,300 2011 717,000 17,930 103,100 2010(1) 713,335 17,926 103,019 (1) Official 2010 U.S. Census figure. Source: Washington State Office of Financial Management, June 2014. Income. Historic personal income and per capita income levels for the County and the State are shown below: Total Personal and Per Capita Income 2012 $33,570,183 $45,796 $317,574,707 $46,045 2011 32,343,174 44,755 303,087,834 44,420 2010 30,355,325 42,420 286,743,785 42,521 2009 29,950,211 42,404 280,778,028 42,112 2008 30,712,925 44,215 289,801,024 44,162 Source: U.S. Department of Commerce, Bureau of Economic Analysis, May 2014. Snohomish County Washington Median Household Income. Median household income estimation is based on 1990 and 2000 Census data, and on the Census Bureau's American Community Surveys' estimates for 2006-2010. Year Snohomish County State of Washington (1) (2) (1) The Revenue Forecast Council's November 2013 forecast of the state personal income is used in the projection of 2012 median household income. (2) In addition to the state personal income data published by BEA, the payroll data compiled by the state Employment Security Department are used in the Preliminary estimates of 2010 median household income. Source: Washington State Department of Revenue, May 2014. Taxable Retail Sales. Taxable retail sales reflect only those sales subject to retail sales tax. Historic taxable retail sales for the County and the City of Everett are shown below: Taxable Retail Sales 2013(1) $ 10,764,550,209 $ 374,821,421 2012 9,970,619,243 352,324,480 2011 9,392,065,498 339,677,936 2010 9,327,727,607 335,207,293 2009 9,275,209,987 335,217,861 (1) Unofficial figure through fourth quarter. Source: Washington State Department of Revenue, June 2014. Building Permits. The number and valuation of new single-family and multi-family residential building permits in the County are listed below: Snohomish County Residential Building Permits New Single Family Units New Multi-Family Units Total Year Number Construction Cost Number Construction Cost Construction Cost (1) (1) Estimates with imputations through March. Source: U.S. Bureau of the Census, May 2014. Employment. Major employers located within the County include the following: Snohomish County 2014 Major Employers The Boeing Company Aircraft Manufacturing 40,000 Naval Station Everett U.S. Navy Base 6,350 Washington State (includes colleges) State Government 5,400 Providence Regional Medical Center Medical Services 3,500 Tulalip Tribes Enterprises Gaming, Real Estate, Gov't Services 3,500 Snohomish County Government County Government 2,700 The Everett Clinic Healthcare 2,500 Premera Blue Cross Heath Insurer 2,400 Walmart Retail 2,056 Everett School District School District 2,025 Philips Medical Systems Ultrasound Technology 2,000 Edmonds School District School District 1,865 Safeway Retail - Grocery 1,700 Swedish Edmonds Hospital Healthcare 1,700 Fred Meyer Retail - Grocery 1,600 Fluke Corp. (Danaher) Electronic Test & Measurement 1,200 Marysville School District School District 1,200 Albertson's Retail - Grocery 1,200 City of Everett City Government 1,136 Aviation Technical Services Aircraft Repair / Maintenance / Parts 1,000 Source: Economic Development Council of Snohomish County and InfoUSA, May 2014. Employment within the County is described in the following tables. Civilian Labor Force data is based on household surveys of residents. NAICS data are estimates based on surveys of employers and benchmarked based on covered employment as reported by all employers. Snohomish County Nonagricultural Wage & Salary Workers(1) and Labor Force and Employment Data Annual Average (2) Civilian Labor Force 397,330 390,210 388,250 386,390 389,310 Total Employment 374,730 367,430 358,940 350,280 348,260 Total Unemployment 22,600 22,780 29,310 36,110 41,050 Percent of Labor Force 5.7% 5.8% 7.5% 9.3% 10.5% (3)2014(2) 2013 2012 2011 2010 (1) Excludes proprietors, self-employed, members of the armed services, workers in private households, and agriculture. Includes all full- and part-time wage and salary workers receiving pay during the pay period including the 12th of the month. (2) Data through April 2014. (3) North American Industry Classification System. Source: Washington State Employment Security Department, May 2014. Initiative and Referendum Under the State Constitution, the voters of the State have the ability to initiate legislation and modify existing legislation through the powers of initiative and referendum, respectively. The initiative power in the State may not be used to amend the St ate Constitution. Initiatives and referenda are submitted to the voters upon receipt of a petition signed by at least 8% (initiative) and 4% (referenda) of the number of voters registered and voting for the office of Governor at the preceding regular gubernatorial election. Any law approved in this manner by a majority of the voters may not be amended or repealed by the State Legislature within a period of two years following enactment, except by a vote of two-thirds of all the members elected to each house of the Legislature. After two years, the law is subject to amendment or repeal by the Legislature in the same manner as other laws. Tax Matters Exclusion From Gross Income In the opinion of Bond Counsel, under existing federal law and assuming compli ance by the City with applicable requirements of the Internal Revenue Code of 1986, as amended (the “Code”), that must be satisfied subsequent to the issue date of the Bonds, interest on the Bonds will be excluded from gross income for federal income tax purposes and is not an item of tax preference for purposes of the alternative minimum tax applicable to individuals. Continuing Requirements The City is required to comply with certain requirements of the Code after the date of issuance of the Bonds in order to maintain the exclusion of the interest on the Bonds from gross income for federal income tax purposes, including, without limitation, requirements concerning the qualified use of Bond proceeds and the facilities financed or refinanced with Bond proce eds, limitations on investing gross proceeds of the Bonds in higher yielding investments in certain circumstances, and the requirement to comply with the arbitrage rebate requirement to the extent applicable to the Bonds. The City has covenanted in the Bo nd Ordinance to comply with those requirements, but if the City fails to comply with those requirements, interest on the Bonds could become taxable retroactive to the date of issuance of the Bonds. Bond Counsel has not undertaken and does not undertake to monitor the City’s compliance with such requirements. Alternative Minimum Tax Interest on the Bonds is not an item of tax preference under the Code and is not subject to the federal alternative minimum tax applicable to individuals. However, under Secti on 55 of the Code, tax exempt interest, including interest on the Bonds, received by corporations is taken into account in the computation of adjusted current earnings for purposes of the alternative minimum tax applicable to corporations (as defined for federal income tax purposes). Under the Code, alternative minimum taxable income of a corporation will be increased by 75% of the excess of the corporation's adjusted current earnings (including any tax exempt interest) over the corporation's alternative minimum taxable income determined without regard to such increase. A corporation's alternative minimum taxable income, so computed, that is in excess of an exemption of $40,000, which exemption will be reduced (but not below zero) by 25% of the amount by w hich the corporation's alternative minimum taxable income exceeds $150,000, is then subject to a 20% minimum tax. A small business corporation is exempt from the corporate alternative minimum tax for any taxable year beginning after December 31, 1997, if its average annual gross receipts during the three-taxable-year period beginning after December 31, 1993, did not exceed $5,000,000, and its average annual gross receipts during each successive three-taxable-year period thereafter ending before the relevant taxable year did not exceed $7,500,000. Tax on Certain Passive Investment Income of S Corporations Under Section 1375 of the Code, certain excess net passive investment income, including interest on the Bonds, received by an S corporation (a corporation treated as a partnership for most federal tax purposes) that has Subchapter C earnings and profits at the close of the taxable year may be subject to federal income taxation at the highest rate applicable to corporations if more than 25% of the gross receipts of such S corporation is passive investment income. Foreign Branch Profits Tax Interest on the Bonds may be subject to the foreign branch profits tax imposed by Section 884 of the Code when the Bonds are owned by, and effectively connected with a trade or business of, a United States branch of a foreign corporation. Possible Consequences of Tax Compliance Audit The Internal Revenue Service (the “IRS”) has established a general audit program to determine whether issuers of tax-exempt obligations, such as the Bonds, are in compliance with requirements of the Code that must be satisfied in order for interest on those obligations to be, and continue to be, excluded from gross income for federal income tax purposes. Bond Counsel cannot predict whether the IRS would commence an audit of the Bonds. Depending on all the facts and circumstances and the type of audit involved, it is possible that commencement of an audit of the Bonds could adversely affect the market value and liquidity of the Bonds until the audit is concluded, regardless of its ultimate outcome. Certain Other Federal Tax Consequences Bonds “Qualified Tax-Exempt Obligations” for Financial Institutions. Section 265 of the Code generally provides that 100% of any interest expense incurred by banks and other financial institutions that is allocable to tax - exempt obligations acquired after August 7, 1986, will be disallowed as a tax deduction. However, if the tax- exempt obligations are obligations other than certain private activity bonds, are issued by a governmental unit that, together with all entities subordinate to it, does not reasonably anticipate issuing more than $10,000,000 of tax-exempt obligations (other than certain private activity bonds and other obligations not required to be included in such calculation) in the current calendar year, and are designated by the governmental unit a s “qualified tax-exempt obligations,” only 20% of any interest expense deduction allocable to those obligations will be disallowed. The City is a governmental unit that, together with all subordinate entities, reasonably anticipates issuing less than $10,000,000 of tax exempt obligations (other than private activity bonds and other obligations not required to be included in such calculation) during the current calendar year and has designated the Bonds as “qualified tax exempt obligations” for purposes of the 80% financial institution interest expense deduction. Therefore, only 20% of the interest expense of a financial institution allocable to the Bonds will be disallowed for federal income tax purposes. Reduction of Loss Reserve Deductions for Property and Casualty Insurance Companies. Under Section 832 of the Code, interest on the Bonds received by property and casualty insurance companies will reduce tax deductions for loss reserves otherwise available to such companies by an amount equal to 15 perce nt of tax exempt interest received during the taxable year. Effect on Certain Social Security and Retirement Benefits. Section 86 of the Code requires recipients of certain Social Security and certain Railroad Retirement benefits to take receipts or accr uals of interest on the Bonds into account in determining gross income. Other Possible Federal Tax Consequences. Receipt of interest on the Bonds may have other federal tax consequences as to which prospective purchasers of the Bonds may wish to consult their own tax advisors. Potential Future Federal Tax Law Changes. From time to time, there are legislative proposals in Congress which, if enacted, could require changes in the description of federal tax matters relating to the Bonds set forth above or adversely affect the market value of the Bonds. It cannot be predicted whether future legislation may be proposed or enacted that would affect the federal tax treatment of interest received on the Bonds. Prospective purchasers of the Bonds should consult with their own tax advisors regarding any proposed or pending legislation that would change the federal tax treatment of interest on the Bonds. Preservation of Tax Exemption The City has covenanted in the Bond Ordinance that it will take all actions nece ssary 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. Rating As noted on the cover page of this Official Statement, the City has applied for a rating for the Bonds from Standard & Poor’s Rating Services, a division of the McGraw-Hill Companies, Inc. When and if obtained, the rating will reflect only the views of the rating agency and an explanation of the significance of the rating may be obtained from the rating agency. There is no assurance that the rating, once obtained, will be retained for any given period of time or that the rating will not be revised downward or withdrawn entirely by the rating agency if, in its judgment, circumstances so warrant. Any such downward revision or withdrawal of the rating will be likely to have an adverse effect on the market price of the Bonds. Continuing Disclosure To meet the requirements of United States Securities and Exchange Commission (“SEC”) Rule 15c2-12(b)(5) (the “Rule”), as applicable to a participating underwriter for the Bonds, the City will undertake (the “Undertaking”) for the benefit of holders of the Bonds to provide or cause to be provided, either directly or through a designated agent, to the Municipal Securities Rulemaking Board (“MSRB”), in an electronic format as prescribed by the MSRB, accompanied by identifying information as prescribed by the MSRB: (a) annual financial information and operating data of the type included in this Official Statement as generally described below (“annual financial information”) and (b) timely notice (not in excess of ten business days after the occurrence of the event) of the occurrence of any of the following events with respect to the Bonds: (i) principal and interest payment delinquencies; (ii) non-payment related defaults, if material; (iii) unscheduled draws on debt service reserves reflecting financial difficulties; (iv) unscheduled draws on credit enhancements reflecting financial difficulties; (v) substitution of credit or liquidity providers, or their failure to perform; (vi) adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notice of Proposed Issue (IRS Form 5701 – TEB) or other material notices or determinations with respect to the tax status of the Bonds; (vii) modifications to rights of holders of the Bonds, if material; (viii) Bond calls (other than scheduled mandatory redemption of Term Bonds), if material, and tender offers; (ix) defeasances; (x) release, substitution, or sale of property securing repayment of the Bonds, if material; (xi) rating changes; (xii) bankruptcy, insolvency, receivership or similar event of the City , as such “Bankruptcy Events” are defined in Rule 15c2-12; (xiii) the consummation of a merger, consolidation, or acquisition involving the City or the sale of all or substantially all of the assets of the City other than in the ordinary course of business, the entry into a definitive agreement to u ndertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material; and (xiv) appointment of a successor or additional trustee or the change of name of a trustee, if material. The City will also provide to the MSRB timely notice of a failure by the City to provide required annual financial information on or before the date specified below. Type of Annual Financial Information Undertaken to be Provided . The annual financial information that the City undertakes to provide will consist of: (1) annual financial statements prepared (except as noted in the financial statements) in accordance with applicable generally accepted accounting principles applicab le to local governmental units of the State such as the City, as such principles may be changed from time to time, which statements may be unaudited, provided, that if and when audited financial statements are prepared and available they will be provided; (2) principal amount of general obligation bonds outstanding at the end of the applicable fiscal year; (3) assessed valuation for that fiscal year; and (4) property tax levy amounts and rates for that fiscal year. The annual financial information that the City undertakes to provide will be provided to the MSRB not later than the last day of the ninth month after the end of each fiscal year of the City (currently, a fiscal year ending December 31), as such fiscal year may be changed as permitted or required by State law, commencing with the City’s fiscal year ending December 31, 2014. The annual financial information may be provided in a single or multiple documents and may be incorporated by specific reference to documents available to the public on the Internet website of the MSRB or filed with the SEC. 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 deal er, participating underwriter, rating agency or the MSRB, under the circumstances and in the manner permitted by the Rule. The City will give notice to the MSRB of the substance (or provide a copy) of any amendment to the Undertaking and a brief statement of the reasons for the amendment. If the amendment changes the type of annual financial information to be provided, the annual financial information containing the amended financial information will include a narrative explanation of the effect of that change in the type of information to be provided. Beneficiaries. The Undertaking evidenced by this section shall inure to the benefit of the City and the Beneficial Owner holder of a Bond, and shall not inure to the benefit of or create any rights in any o ther person. Termination of Undertaking. The City’s obligations under the Undertaking shall terminate upon the legal defeasance of all of the Bonds. In addition, the City’s obligations under the Undertaking shall terminate if the provisions of Rule 15c2-12 that require the City to comply with the Undertaking become legally inapplicable in respect of the Bonds for any reason, as confirmed by an opinion of Bond Counsel delivered to the City, and the City provides timely notice of such termination to the MSRB. Remedy for Failure to Comply with Undertaking. If the City or any other obligated person fails to comply with the Undertaking, the City will proceed with due diligence to cause such noncompliance to be corrected as soon as practicable after the City learns of that failure. No failure by the City or other obligated person to comply with the Undertaking will constitute a default in respect of the Bonds. The sole remedy of any holder of a Bond will 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. Other Continuing Disclosure Undertakings of the City. The City has entered into undertakings to provide annual information and the notice of the occurrence of certain events with respect to all bonds issued by the City and is in compliance with all such undertakings. Legal and Underwriting Approval of Counsel Legal matters incident to the authorization, issuance and sale of Bonds by the City are subject to the approving legal opinion of Foster Pepper PLLC, Seattle, Washington, Bond Counsel. The form of the opinion of Bond Counsel with respect to the Bonds is attached as Appendix A. The opinion of Bond Counsel is given based on factual representations made to Bond Counsel, and under existing law, as of the date of initial delivery of the Bonds, and Bond Counsel assumes no obligation to revise or supplement its opinion to reflect any facts or circumstances that may thereafter come to its attention, or any changes in law that may thereafter occur. The opinion of Bond Counsel is an expression of its professional judgment on the matters expressly addressed in its opinion and does not constitute a guarantee of result. Bond Counsel will be compensated only upon the issuance and sale of the Bonds. Absence of Material Litigation There is no litigation pending or threatened questioning the validity of the Bonds nor t he power and authority of the City to issue the Bonds. There is no litigation pending or threatened which would materially affect the City’s ability to meet debt service requirements on the Bonds. Because of the nature of its activities, the City is subject to certain pending legal actions which arise in the ordinary course of business. Based on the information presently known, the City believes that the ultimate liability for any of such legal actions will not be material to the financial position of the City. Underwriting The Bonds are being purchased by Piper Jaffray & Co. (the “Underwriter”). The purchase contract provides that the Underwriter will purchase all of the Bonds, if any are purchased, at a price of _____ percent of the par value of the Bonds. The Bonds will be reoffered at an average price of _____ percent of the par value of the Bonds. After the initial public offering, the public offering prices may be varied from time to time. Piper Jaffray & Co. and Pershing LLC, a subsidiary of The Bank of New York Mellon Corporation, entered into an agreement (the “Agreement”) which enables Pershing LLC to distribute certain new issue municipal securities underwritten by or allocated to Piper Jaffray & Co., inc luding the Bonds. Under the Agreement, Piper Jaffray & Co. will share with Pershing LLC a portion of the fee or commission paid to Piper Jaffray & Co. Piper Jaffray & Co. has entered into a distribution agreement (“Distribution Agreement”) with Charles Schwab & Co., Inc. (“CS&Co”) for the retail distribution of certain securities offerings at the original issue prices. Pursuant to the Distribution Agreement, CS&Co. may purchase Bonds from Piper Jaffray & Co. at the original issue price less a negotiated portion of the selling concession applicable to any Bonds that CS&Co. sells. Conflicts of Interest Some or all of the fees of the Underwriter and Bond Counsel are contingent upon the issuance and sale of the Bonds. Furthermore, Bond Counsel from time to time serves as counsel to the Underwriter with respect to issuers other than the City and transactions other than the issuance of the Bonds. None of the Council members or other officers of the City have interests in the issuance of the Bonds that are pr ohibited by applicable law. Concluding Statement All estimates, assumptions, statistical information and other statements contained herein, while taken from sources considered reliable, are not guaranteed by the City or the Underwriter. So far as any sta tement herein includes matters of opinion, or estimates of future expenses and income, whether or not expressly so stated, they are intended merely as such and not as representations of fact. The information contained herein should not be construed as representing all conditions affecting the City or the Bonds. Additional information may be obtained directly from the City or the Underwriter. The foregoing statements relating to the Bond Ordinance and other documents are in all respects subject to and qualified in their entirety by provisions of such documents. This Official Statement, starting with the cover page and all subsequent pages, including any appendices, comprise the entire Official Statement, which has been approved by the City. The City has represented to the Underwriter that the portions of this Official Statement directly pertaining to the City neither contain any misrepresentation of material fact nor omit any material fact necessary to understand the financial, economic or legal nature of the City or any information presented herein. Appendix A Form of the Opinion of Bond Counsel This page left blank intentionally. Appendix B Book-Entry Transfer System This page left blank intentionally. -i- SOL 08-10-11 The Depository Trust Company A subsidiary of The Depository Trust & Clearing Corporation Sample Offering Document Language Describing DTC and Book-Entry-Only Issuance 1. The Depository Trust Company (“DTC”), New York, NY, will act as securities depository for the securities (the “Securities”). The Securities will be issued as fully-registered securities registered in the name of Cede & Co. (D TC’s partnership nominee) or such other name as may be requested by an authorized representative of DTC. One fully-registered Security certificate will be issued for [each issue of] the Securities, [each] in the aggregate principal amount of such issue, and will be deposited with DTC. [If, however, the aggregate principal amount of [any] issue exceeds $500 million, one certificate will be issued with respect to each $500 million of principal amount, and an additional certificate will be issued with respect to any remaining principal amount of such issue.] 2. DTC, the world’s largest securities depository, is a limited-purpose trust company organized under the New York Banking Law, a “banking organization” within the meaning of the New York Banking Law, a member of the Federal Reserve System, a “clearing corporation” within the meaning of the New York Uniform Commercial Code, and a “clearing agency” registered pursuant to the provisions of Section 17A of the Securities Exchange Act of 1934. DTC holds and provides asset servicing for over 3.5 million issues of U.S. and non-U.S. equity issues, corporate and municipal debt issues, and money market instruments (from over 100 countries) that DTC’s participants (“Direct Participants”) deposit with DTC. DTC also facilitates the post-trade settlement among Direct Participants of sales and other securities transactions in deposited securities, through electronic computerized book-entry transfers and pl edges between Direct Participants’ accounts. This eliminates the need for physical movement of securities certificates. Direct Participants include both U.S. and non-U.S. securities brokers and dealers, banks, trust companies, clearing corporations, and certain other organizations. DTC is a wholly-owned subsidiary of The Depository Trust & Clearing Corporation (“DTCC”). DTCC is the holding company for DTC, National Securities Clearing Corporation and Fixed Income Clearing Corporation, all of which are registered clearing agencies. DTCC is owned by the users of its regulated subsidiaries. Access to the DTC system is also available to others such as both U.S. and non-U.S. securities brokers and dealers, banks, trust companies, and clearing corporations that clear through or maintain a custodial relationship with a Direct P articipant, either directly or indirectly ("Indirect Participants"). DTC has a Standard & Poor’s rating of AA+. The DTC Rules applicable to its Participants are on file with the Securities and Exchange Commission. More information about DTC can be found at www.dtcc.com. -ii- SOL 08-10-11 3. Purchases of Securities under the DTC system must be m ade by or through Direct Participants, which will receive a credit for the Securities on DTC’s records. The ownership interest of each actual purchaser of each Security (“Beneficial Owner”) is in turn to be recorded on the Direct and Indirect Participants’ records. Beneficial Owners will not receive written confirmation from DTC of their purchase. Beneficial Owners are, however, expected to receive written confirmations providing details of the transaction, as well as periodic statements of their holdings, from the Direct or Indirect Participant through which the Beneficial Owner entered into the transaction. Transfers of ownership interests in the Securities are to be accomplished by entries made on the books of Direct and Indirect Participants acting on behalf of Beneficial Owners. Beneficial Owners will not receive certificates representing their ownership interests in Securities, except in the event that use of the book-entry system for the Securities is discontinued. 4. To facilitate subsequent transfers, all Securities deposited by Direct Participants with DTC are registered in the name of DTC’s partnership nominee, Cede & Co., or such other name as may be requested by an authorized representative of DTC. The deposit of Securities with DTC and their registration in the name of Cede & Co. or such other DTC nominee do not effect any change in beneficial ownership. DTC has no knowledge of the actual Beneficial Owners of the Securities; DTC’s records reflect only the identity of the Direct Participants to whose accounts such Securities are credited, which may or may not be the Beneficial Owners. The Direct and Indirect Participants will remain responsible for keeping account of their holdings on behalf of their customers. 5. Conveyance of notices and other communications by DTC to Direct Participants, by Direct Participants to Indirect Participants, and by Direct Participants and Indirect Participants to Beneficial Owners will be governed by arrangements among them, subject to any statutory or regulatory requirements as may be in effect from time to time. [Beneficial Owners of Securities may wish to take certain steps to augment the transmission to them of notices of significant events with respect to the Securities, such as redem ptions, tenders, defaults, and proposed amendments to the Security documents. For example, Beneficial Owners of Securities may wish to ascertain that the nominee holding the Securities for their benefit has agreed to obtain and transmit notices to Beneficial Owners. In the alternative, Beneficial Owners m ay wish to provide their names and addresses to the registrar and request that copies of notices be provided directly to them.] 6. Redemption notices shall be sent to DTC. If less than all of the Securities within an issue are being redeemed, DTC’s practice is to determine by lot the amount of the interest of each Direct Participant in such issue to be redeemed. -iii- SOL 08-10-11 7. Neither DTC nor Cede & Co. (nor any other DTC nominee) will consent or vote with respect to Securities unless authorized by a Direct Participant in accordance with DTC’s MMI Procedures. Under its usual procedures, DTC mails an Omnibus Proxy to Issuer as soon as possible after the record date. The Omnibus Proxy assigns Cede & Co.’s consenting or voting rights to those Direct Participants to whose accounts Securities are credited on the record date (identified in a listing attached to the Omnibus Proxy). 8. Redemption proceeds, distributions, and dividend payments on the Securities will be made to Cede & Co., or such other nominee as may be requested by an authorized representative of DTC. DTC’s practice is to credit Direct Participants’ accounts upon DTC’s receipt of funds and corresponding detail information from Issuer or Agent, on payable date in accordance with their respective holdings shown on DTC’s records. Payments by Participants to Beneficial Owners will be governed by standing instructions and customary practices, as is the case with securities held for the accounts of customers in bearer form or registered in “street name,” and will be the responsibility of such Participant and not of DTC, Agent, or Issuer, subject to any statutory or regulatory requirements as may be in effect from time to time. Payment of redemption proceeds, distributions, and dividend payments to Cede & Co. (or such other nominee as may be requested by an authorized representative of DTC) is the responsibility of Issuer or Agent, disbursement of such payments to Direct Participants will be the responsibility of DTC, and disbursement of such payments to the Beneficial Owners will be the responsibility of Direct and Indirect Participants. 9. A Beneficial Owner shall give notice to elect to have its Securities purchased or tendered, through its Participant, to [Tender/Remarketing] Agent, and shall effect delivery of such Securities by causing the Direct Participant to transfer the Participant’s interest in the Securities, on DTC’s records, to [Tender/Remarketing] Agent. The requirement for physical delivery of Securities in connection with an optional tender or a m andatory purchase will be deemed satisfied when the ownership rights in the Securities are transferred by Direct Participants on DTC’s records and followed by a book-entry credit of tendered Securities to [Tender/Remarketing] Agent’s DTC account. 10. DTC may discontinue providing its services as depository with respect to the Securities at any time by giving reasonable notice to Issuer or Agent. Under such circumstances, in the event that a successor depository is not obtained, Security certificates are required to be printed and delivered. 11. Issuer may decide to discontinue use of the system of book-entry-only transfers through DTC (or a successor securities depository). In that event, Security certificates will be printed and delivered to DTC. 12. The information in this section concerning DTC and DTC’s book-entry system has been obtained from sources that Issuer believes to be reliable, but Issuer takes no responsibility for the accuracy thereof. This page left blank intentionally. Appendix C 2012 Audited Financial Statements This page left blank intentionally. This page left blank intentionally. 51293098.5 CITY OF ARLINGTON, WASHINGTON ORDINANCE NO. ______ AN ORDINANCE of the City of Arlington, Washington, providing for the issuance, sale and delivery of not to exceed $9,000,000 aggregate principal amount of limited tax general obligation refunding bonds to refund the City’s outstanding Limited Tax General Obligation Bonds, 2004, to prepay the City’s Limited Tax General Obligation Bond, 2009, and to pay the costs of issuance and sale of the bonds; fixing or setting parameters with respect to certain terms and covenants of the bonds; appointing the City’s designated representative to approve the final terms of the sale of the bonds; and providing for other related matters. Passed July 7, 2014 This document prepared by: Foster Pepper PLLC 1111 Third Avenue, Suite 3400 Seattle, Washington 98101 (206) 447-4400 -i- 51293098.5 TABLE OF CONTENTS* Section 1. Definitions............................................................................................................... 1 Section 2. Findings and Determinations .................................................................................. 4 Section 3. Authorization of Bonds ........................................................................................... 5 Section 4. Description of the Bonds; Appointment of Designated Representative ................. 5 Section 5. Bond Registrar; Registration and Transfer of Bonds .............................................. 7 Section 6. Form and Execution of Bonds ................................................................................ 8 Section 7. Payment of Bonds ................................................................................................... 8 Section 8. Bond Account ......................................................................................................... 8 Section 9. Redemption Provisions and Purchase of Bonds ..................................................... 9 Section 10. Failure To Pay Bonds............................................................................................ 10 Section 11. Pledge of Taxes ..................................................................................................... 10 Section 12. Tax Covenants; Designation of Bonds as “Qualified Tax-Exempt Obligations” .......................................................................................................... 10 Section 13. Refunding or Defeasance of the Bonds ................................................................ 11 Section 14. Refunding of the Refunded Bonds ........................................................................ 12 Section 15. Call for Redemption of the Refunded Bonds ........................................................ 13 Section 16. Findings with Respect to Refunding ..................................................................... 14 Section 17. Sale and Delivery of the Bonds. ........................................................................... 14 Section 18. Official Statement ................................................................................................. 14 Section 19. Continuing Disclosure .......................................................................................... 15 Section 20. Supplemental and Amendatory Ordinances.......................................................... 17 Section 21. General Authorization and Ratification ................................................................ 17 Section 22. Severability ........................................................................................................... 18 Section 23. Effective Date of Ordinance ................................................................................. 18 *The cover page, table of contents and section headings of this ordinance are for convenience of reference only, and shall not be used to resolve any question of interpretation of this ordinance. -1- 51293098.5 CITY OF ARLINGTON, WASHINGTON ORDINANCE NO. _______ AN ORDINANCE of the City of Arlington, Washington, providing for the issuance, sale and delivery of not to exceed $9,000,000 aggregate principal amount of limited tax general obligation refunding bonds to refund the City’s outstanding Limited Tax General Obligation Bonds, 2004, to prepay the City’s Limited Tax General Obligation Bond, 2009, and to pay the costs of issuance and sale of the bonds; fixing or setting parameters with respect to certain terms and covenants of the bonds; appointing the City’s designated representative to approve the final terms of the sale of the bonds; and providing for other related matters. THE CITY COUNCIL OF THE CITY OF ARLINGTON, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Definitions. As used in this ordinance, the following capitalized terms shall have the following meanings: (a) “Acquired Obligations” means those United States Treasury Certificates of Indebtedness, Notes, and Bonds--State and Local Government Series and other direct, noncallable obligations of the United States of America purchased to accomplish the refunding of the Refunded Bonds as authorized by this ordinance. (b) “Authorized Denomination” means $5,000 or any integral multiple thereof within a maturity of a Series. (c) “Beneficial Owner” means, with respect to a Bond, the owner of any beneficial interest in that Bond. (d) “Bond” means each bond issued pursuant to and for the purposes provided in this ordinance. (e) “Bond Counsel” means the firm of Foster Pepper PLLC, its successor, or any other attorney or firm of attorneys selected by the City with a nationally recognized standing as bond counsel in the field of municipal finance. (f) “Bond Account” means the Limited Tax General Obligation Refunding Bond Account, 2014, of the City created for the payment of the principal of and interest on the Bonds. (g) “Bond Purchase Contract” means an offer to purchase a Series of the Bonds, setting forth certain terms and conditions of the issuance, sale and delivery of those Bonds, which offer is authorized to be accepted by the Designated Representative on behalf of the City, if consistent with this ordinance. -2- 51293098.5 (h) “Bond Register” means the books or records maintained by the Bond Registrar for the purpose of identifying ownership of each Bond. (i) “Bond Registrar” means the Fiscal Agent, or any successor bond registrar selected by the City. (j) “City” means the City of Arlington, Washington, a municipal corporation duly organized and existing under the laws of the State. (k) “City Council” means the legislative authority of the City, as duly and regularly constituted from time to time. (l) “Code” means the United States Internal Revenue Code of 1986, as amended, and applicable rules and regulations promulgated thereunder. (m) “DTC” means The Depository Trust Company, New York, New York, or its nominee. (n) “Designated Representative” means the officer of the City appointed in Section 4 of this ordinance to serve as the City’s designated representative in accordance with RCW 39.46.040(2). (o) “Final Terms” means the terms and conditions for the sale of a Series of the Bonds including the amount, date or dates, denominations, interest rate or rates (or mechanism for determining interest rate or rates), payment dates, final maturity, redemption rights, price, and other terms or covenants, including minimum savings for refunding bonds. (p) “Fiscal Agent” means the fiscal agent of the State, as the same may be designated by the State from time to time. (q) “Government Obligations” has the meaning given in RCW 39.53.010, as now in effect or as may hereafter be amended. (r) “Issue Date” means, with respect to a Bond, the date of initial issuance and delivery of that Bond to the Purchaser in exchange for the purchase price of that Bond. (s) “Letter of Representations” means the Blanket Issuer Letter of Representations between the City and DTC, dated July 15, 1997, as it may be amended from time to time, and any successor or substitute letter relating to the operational procedures of the Securities Depository. (t) “MSRB” means the Municipal Securities Rulemaking Board. (u) “Owner” means, without distinction, the Registered Owner and the Beneficial Owner. (v) “Purchaser” means Piper Jaffray & Co. of Seattle, Washington. -3- 51293098.5 (w) “Rating Agency” means any nationally recognized rating agency then maintaining a rating on the Bonds at the request of the City. (x) “Record Date” means the Bond Registrar’s close of business on the 15th day of the month preceding an interest payment date. With respect to redemption of a Bond prior to its maturity, the Record Date shall mean the Bond Registrar’s close of business on the date on which the Bond Registrar sends the notice of redemption in accordance with Section 9. (y) “Refunded Bonds” means all or a portion of the Refunding Candidates selected by the Designated Representative to be refunded with proceeds of Bonds and included in a Refunding Plan. (z) “Refunding Candidates” means the outstanding Limited Tax General Obligation Bonds, 2004, of the City maturing in the years 2022 through 2028, inclusive, and 2034, issued pursuant to Ordinance No. 1321, the refunding of which has been provided for by this ordinance. (aa) “Refunding Plan” means: (1) the placement of sufficient proceeds of the Bonds which, with other money of the City, if necessary, will be used to acquire the Acquired Obligations to be deposited, with cash, if necessary, with the Refunding Trustee; (2) the payment of the principal of and interest on the Refunded Bonds when due up to and including a date that is approximately 30 days from the Issue Date, and the call, payment, and redemption on such date, of all of the then-outstanding Refunded Bonds at a price of par; and (3) may include the payment of the costs of issuing the Bonds and the costs of carrying out the foregoing elements of the Refunding Plan. (bb) “Refunding Trust Agreement” means a Refunding Trust Agreement between the City and the Refunding Trustee. (cc) “Refunding Trustee” means the trustee or escrow agent or any successor trustee or escrow agent serving as refunding trustee to carry out the Refunding Plan. (dd) “Registered Owner” means, with respect to a Bond, the person in whose name that Bond is registered on the Bond Register. For so long as the City utilizes the book–entry only system for the Bonds under the Letter of Representations, Registered Owner shall mean the Securities Depository. (ee) “Rule 15c2-12” means Rule 15c2-12 promulgated by the SEC under the Securities Exchange Act of 1934, as amended. (ff) “SEC” means the United States Securities and Exchange Commission. -4- 51293098.5 (gg) “Securities Depository” means DTC, any successor thereto, any substitute securities depository selected by the City that is qualified under applicable laws and regulations to provide the services proposed to be provided by it, or the nominee of any of the foregoing. (hh) “Series of the Bonds” or “Series” means a series of the Bonds issued pursuant to this ordinance. (ii) “State” means the State of Washington. (jj) “Term Bond” means each Bond designated as a Term Bond and subject to mandatory redemption in the years and amounts set forth in the Bond Purchase Contract. (kk) “2004 Bonds” means the City’s outstanding Limited Tax General Obligation Bonds, 2004, issued pursuant to Ordinance No. 1321. (ll) “2009 Bond” means the City’s outstanding Limited Tax General Obligation Bond, 2009, issued pursuant to Ordinance No. 1470. (mm) “Undertaking” means the undertaking to provide continuing disclosure entered into pursuant to Section 18 of this ordinance. Section 2. Findings and Determinations. The City takes note of the following facts and makes the following findings and determinations: (a) Pursuant to Ordinance No. 1321, the City heretofore issued its $7,700,000 par value Limited Tax General Obligation Bonds, 2004 (the “2004 Bonds”), for the purpose of providing funds to finance a police station/City Hall annex, and by that ordinance reserved the right to redeem the 2004 Bonds prior to their maturity on or after June 1, 2014, at a price of par plus accrued interest to the date fixed for redemption. (b) All 2004 Bonds are presently outstanding (the “Refunding Candidates”). (c) After due consideration, it appears to the City Council that all or a portion of the Refunding Candidates may be refunded by the issuance and sale of the limited tax general obligation refunding bonds authorized herein so that a savings will be effected by the difference between the principal and interest cost over the life of the Bonds and the principal and interest cost over the life of the Refunded Bonds but for such refunding, which refunding will be effected by carrying out the Refunding Plan. (d) To effect that refunding in the manner that will be most advantageous to the City it may be found necessary and advisable that certain Acquired Obligations bearing interest and maturing at such time or times as necessary to accomplish the refunding as aforesaid be purchased out of a portion of the proceeds of the Bonds. (e) Pursuant to Ordinance No. 1470, the City heretofore issued its $720,448 par value Limited Tax General Obligation Bond, 2009 (the “2009 Bond”), for the purpose of providing part of the funds to expand the administrative building at the City’s municipal airport, and by -5- 51293098.5 that ordinance reserved the right to prepay the 2009 Bond prior to its maturity date upon 15 days written notice to Cashmere Valley Bank, purchaser of the 2009 Bond. (f) The maximum amount of indebtedness authorized by this ordinance is $9,000,000. Based on the following facts, this amount is to be issued within the amount permitted to be issued by the City for general municipal purposes without a vote. (1) The assessed valuation of the taxable property within the City as ascertained by the last preceding assessment for City purposes for collection in the calendar year 2014 is $1,816,314,125. (2) As of June 1, 2014, the City has limited tax general obligation indebtedness, consisting of bonds, notes and leases outstanding in the principal amount of $18,385,250 which is incurred within the limit of up to 1½% of the value of the taxable property within the City permitted for general municipal purposes without a vote. (3) As of June 1, 2014, the City has no unlimited tax general obligation indebtedness outstanding. (g) For the purpose of providing the funds necessary to carry out the Refunding Plan, to prepay the 2009 Bond and to pay the costs of issuance and sale of the Bonds, the City Council finds that it is in the best interests of the City and its taxpayers to issue and sell the Bonds to the Purchaser, pursuant to the terms set forth in the Bond Purchase Contract as approved by the City’s Designated Representative consistent with this ordinance. Section 3. Authorization of Bonds. The City is authorized to borrow money on the credit of the City and issue negotiable limited tax general obligation refunding bonds evidencing indebtedness in the amount of not to exceed $9,000,000 to provide funds necessary to carry out the Refunding Plan and to pay the costs of issuance and sale of the Bonds. Section 4. Description of the Bonds; Appointment of Designated Representative. The Finance Director, or in his absence, the City Administrator, is appointed as the Designated Representative of the City and is authorized and directed to conduct the sale of the Bonds in the manner and upon the terms deemed most advantageous to the City, and to approve the Final Terms of the Bonds, with such additional terms and covenants as the Designated Representative deems advisable, within the following parameters: (a) Principal Amount. The Bonds may be issued in one or more Series and shall not exceed the aggregate principal amount of $9,000,000. (b) Date or Dates. Each Bond shall be dated the Issue Date, which date may not be later than June 1, 2015. (c) Denominations, Series Designation, etc. The Bonds shall be issued in Authorized Denominations and shall be numbered separately in the manner and shall bear any name and additional designation as deemed necessary or appropriate by the Designated Representative. -6- 51293098.5 (d) Interest Rate(s). Each Bond shall bear interest at a fixed rate per annum (computed on the basis of a 360-day year of twelve 30-day months) from the Issue Date or from the most recent date for which interest has been paid or duly provided for, whichever is later. One or more rates of interest may be fixed for the Bonds. No rate of interest for any Bond may exceed 5.5%, and the true interest cost to the City for each Series of Bonds may not exceed 5.0%. (e) Payment Dates. Interest shall be payable at fixed rates semiannually on dates acceptable to the Designated Representative, commencing no later than one year following the Issue Date. Principal payments shall commence on a date acceptable to the Designated Representative and shall be payable at maturity or in mandatory redemption installments on dates acceptable to the Designated Representative. (f) Final Maturity. The Bonds shall mature no later than December 1, 2034. (g) Redemption Rights. The Designated Representative may approve in the Bond Purchase Contract provisions for the optional and mandatory redemption of Bonds, subject to the following: (1) Optional Redemption. Any Bond may be designated as being (A) subject to redemption at the option of the City prior to its maturity date on the dates and at the prices set forth in the Bond Purchase Contract; or (B) not subject to redemption prior to its maturity date. If a Bond is designated as subject to optional redemption prior to its maturity, it must be subject to such redemption on one or more dates occurring not more than 10½ years after the Issue Date. (2) Mandatory Redemption. Any Bond may be designated as a Term Bond, subject to mandatory redemption prior to its maturity on the dates and in the amounts set forth in the Bond Purchase Contract. (h) Price. The purchase price for each Series of Bonds may not be less than 95% or more than 120% of the stated principal amount of that Series. (i) Savings. There is a minimum net present value savings of 3.0% of the Refunded Bonds. (j) Other Terms and Conditions. (1) A Series of Bonds may not be issued if it would cause the indebtedness of the City to exceed the City’s legal debt capacity on the Issue Date. (2) The Designated Representative may determine whether it is in the City’s best interest to provide for bond insurance or other credit enhancement; and may accept such additional terms, conditions and covenants as he may determine are in the best interests of the City, consistent with this ordinance. -7- 51293098.5 Section 5. Bond Registrar; Registration and Transfer of Bonds. (a) Registration of Bonds. Each Bond shall be issued only in registered form as to both principal and interest and the ownership of each Bond shall be recorded on the Bond Register. (b) Bond Registrar; Duties. The Fiscal Agent is appointed as initial 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. The Bond Registrar shall be responsible for its representations contained in the Bond Registrar’s Certificate of Authentication on each Bond. The Bond Registrar may become an Owner 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 Owners. (c) Bond Register; Transfer and Exchange. The Bond Register shall contain the name and mailing address of each Registered Owner and the principal amount and number of each Bond held by each Registered Owner. A Bond surrendered to the Bond Registrar may be exchanged for a Bond or Bonds in any Authorized Denomination of an equal aggregate principal amount and of the same Series, interest rate and maturity. A Bond may be transferred only if endorsed in the manner provided thereon and surrendered to the Bond Registrar. Any exchange or transfer shall be without cost to the Owner or transferee. The Bond Registrar shall not be obligated to exchange any Bond or transfer registered ownership during the period between the applicable Record Date and the next upcoming interest payment or redemption date. (d) Securities Depository; Book-Entry Only Form. DTC is appointed as initial Securities Depository. Each Bond initially shall be registered in the name of Cede & Co., as the nominee of DTC. Each Bond registered in the name of the Securities Depository shall be held fully immobilized in book-entry only form by the Securities Depository in accordance with the provisions of the Letter of Representations. Registered ownership of any Bond registered in the name of the Securities Depository may not be transferred except: (i) to any successor Securities Depository; (ii) to any substitute Securities Depository appointed by the City; or (iii) to any person if the Bond is no longer to be held in book-entry only form. Upon the resignation of the Securities Depository, or upon a termination of the services of the Securities Depository by the City, the City may appoint a substitute Securities Depository. If (i) the Securities Depository resigns and the City does not appoint a substitute Securities Depository, or (ii) the City terminates the services of the Securities Depository, the Bonds no longer shall be held in book- entry only form and the registered ownership of each Bond may be transferred to any person as provided in this ordinance. Neither the City nor the Bond Registrar shall have any obligation to participants of any Securities Depository or the persons for whom they act as nominees regarding accuracy of any records maintained by the Securities Depository or its participants. Neither the City nor the Bond -8- 51293098.5 Registrar shall be responsible for any notice that is permitted or required to be given to a Registered Owner except such notice as is required to be given by the Bond Registrar to the Securities Depository. Section 6. Form and Execution of Bonds. (a) Form of Bonds; Signatures and Seal. Each Bond shall be prepared in a form consistent with the provisions of this ordinance and State law. Each Bond 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. If any officer whose manual or facsimile signature appears on a Bond ceases to be an officer of the City authorized to sign bonds before the Bond bearing his or her manual or facsimile signature is authenticated by the Bond Registrar, or issued or delivered by the City, that Bond 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 its Issue Date. (b) Authentication. Only a Bond bearing a Certificate of Authentication in substantially 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 Arlington, Washington, Limited Tax General Obligation Refunding Bonds, 2014.” 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. Section 7. Payment of Bonds. Principal of and interest on each Bond shall be payable in lawful money of the United States of America. Principal of and interest on each Bond registered in the name of the Securities Depository is payable in the manner set forth in the Letter of Representations. Interest on each Bond not registered in the name of the Securities Depository is payable by electronic transfer on the interest payment date, or by check or draft of the Bond Registrar mailed on the interest payment date to the Registered Owner at the address appearing on the Bond Register on the Record Date. However, the City is not required to make electronic transfers except pursuant to a request by a Registered Owner in writing received on or prior to the Record Date and at the sole expense of the Registered Owner. Principal of each Bond not registered in the name of the Securities Depository is payable upon presentation and surrender of the Bond by the Registered Owner to the Bond Registrar. The Bonds are not subject to acceleration under any circumstances. Section 8. Bond Account. The Bond Account is created as a special account of the City for the sole purpose of paying principal of and interest and any redemption premium, if any, on the Bonds. Bond proceeds in excess of the amounts needed to pay the costs of the Refunding Plan and the costs of issuance, if any, shall be deposited into the Bond Account. All amounts allocated to the payment of the principal of and interest on the Bonds shall be deposited in the Bond Account as necessary for the timely payment of amounts due with respect to the Bonds. The principal of and interest on the Bonds shall be paid out of the Bond Account. Until needed -9- 51293098.5 for that purpose, the City may invest money in the Bond Account temporarily in any legal investment, and the investment earnings shall be retained in the Bond Account and used for the purposes of that account. Section 9. Redemption Provisions and Purchase of Bonds. (a) Optional Redemption. The Bonds shall be subject to redemption at the option of the City on terms acceptable to the Designated Representative, as set forth in the Bond Purchase Contract, consistent with the parameters set forth in Section 4. (b) Mandatory Redemption. Each Bond that is designated as a Term Bond in the Bond Purchase Contract, consistent with the parameters set forth in Section 4, if not previously redeemed under any optional redemption provisions, defeased or purchased and surrendered for cancellation under the provisions set forth below, shall be called for redemption at a price equal to the stated principal amount to be redeemed, plus accrued interest, on the dates and in the amounts as set forth in the Bond Purchase Contract. If a Term Bond is redeemed under the optional redemption provisions, defeased or purchased by the City and surrendered for cancellation, the principal amount of the Term Bond so redeemed, defeased or purchased (irrespective of its actual redemption or purchase price) shall be credited against one or more scheduled mandatory redemption installments for that Term Bond. The City shall determine the manner in which the credit is to be allocated and shall notify the Bond Registrar in writing of its allocation prior to the earliest mandatory redemption date for that Term Bond for which notice of redemption has not already been given. (c) Selection of Bonds for Redemption; Partial Redemption. If fewer than all of the outstanding Bonds are to be redeemed at the option of the City, the City shall select the Series and maturities to be redeemed. If fewer than all of the outstanding Bonds of a maturity of a Series are to be redeemed, the Securities Depository shall select Bonds registered in the name of the Securities Depository to be redeemed in accordance with the Letter of Representations, and the Bond Registrar shall select all other Bonds to be redeemed randomly in such manner as the Bond Registrar shall determine. All or a portion of the principal amount of any Bond that is to be redeemed may be redeemed in any Authorized Denomination. If less than all of the outstanding principal amount of any Bond is redeemed, upon surrender of that Bond to the Bond Registrar, there shall be issued to the Registered Owner, without charge, a new Bond (or Bonds, at the option of the Registered Owner) of the same Series, maturity and interest rate in any Authorized Denomination in the aggregate principal amount to remain outstanding. (d) Notice of Redemption. Notice of redemption of each Bond registered in the name of the Securities Depository shall be given in accordance with the Letter of Representations. Notice of redemption of each other Bond, unless waived by the Registered Owner, shall be given by the Bond Registrar not less than 20 nor more than 60 days prior to the date fixed for redemption by first-class mail, postage prepaid, to the Registered Owner at the address appearing on the Bond Register on the Record Date. The requirements of the preceding sentence shall be satisfied when notice has been mailed as so provided, whether or not it is actually received by an Owner. In addition, the redemption notice shall be mailed or sent electronically within the same period to the MSRB (if required under the Undertaking), to each Rating Agency, and to such other persons and with such additional information as the Designated Representative shall -10- 51293098.5 determine, but these additional mailings shall not be a condition precedent to the redemption of any Bond. (e) Rescission of Optional Redemption Notice. In the case of an optional redemption, the notice of redemption may state that the City retains the right to rescind the redemption notice and the redemption by giving a notice of rescission to the affected Registered Owners at any time on or prior to the date fixed for redemption. Any notice of optional redemption that is so rescinded shall be of no effect, and each Bond for which a notice of redemption has been rescinded shall remain outstanding. (f) Effect of Redemption. Interest on each Bond called for redemption shall cease to accrue on the date fixed for redemption, unless either the notice of optional redemption is rescinded as set forth above, or money sufficient to effect such redemption is not on deposit in the Bond Fund or in a trust account established to refund or defease the Bond. (g) Purchase of Bonds. The City reserves the right to purchase any or all of the Bonds offered to the City at any time at any price acceptable to the City plus accrued interest to the date of purchase. Section 10. Failure To Pay Bonds. If the principal of any Bond is not paid when the Bond is properly presented at its maturity date or date fixed for redemption, 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 date fixed for redemption 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 Account, or in a trust account established to refund or defease the Bond, and the Bond has been called for payment by giving notice of that call to the Registered Owner. Section 11. Pledge of Taxes. The Bonds constitute a general indebtedness of the City and are payable from tax revenues of the City and such other money as is lawfully available and pledged by the City for the payment of principal of and interest on the Bonds. For as long as any of the Bonds are outstanding, the City irrevocably pledges that it shall, in the manner provided by law within the constitutional and statutory limitations provided by law without the assent of the voters, include in its annual property tax levy amounts sufficient, together with airport revenue for the portion of the Bonds used to prepay the 2009 Bond, other money that is lawfully available, to pay principal of and interest on the Bonds as the same become due. The full faith, credit and resources of the City are pledged irrevocably for the prompt payment of the principal of and interest on the Bonds and such pledge shall be enforceable in mandamus against the City. Section 12. Tax Covenants; Designation of Bonds as “Qualified Tax-Exempt Obligations.” (a) 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 that will cause interest on the Bonds to be included in gross income for federal income tax purposes. The City also covenants that it will, to the extent the arbitrage rebate requirements of Section 148 -11- 51293098.5 of the Code are applicable to the Bonds, take all actions necessary to comply (or to be treated as having complied) with those requirements in connection with the Bonds. (b) Post-Issuance Compliance. The Designated Representative is authorized and directed to adopt and implement the City’s written procedures to facilitate compliance by the City with the covenants in this ordinance and the applicable requirements of the Code that must be satisfied after the Issue Date to prevent interest on the Bonds from being included in gross income for federal tax purposes. (c) Designation of Bonds as “Qualified Tax-Exempt Obligations.” The Bonds may be designated as “qualified tax-exempt obligations” for the purposes of Section 265(b)(3) of the Code, if the following conditions are met: (1) the Bonds do not constitute “private activity bonds” within the meaning of Section 141 of the Code; (2) the reasonably anticipated amount of tax-exempt obligations (other than private activity bonds and other obligations not required to be included in such calculation) that the City and any entity subordinate to the City (including any entity that the City controls, that derives its authority to issue tax-exempt obligations from the City, or that issues tax-exempt obligations on behalf of the City) will issue during the calendar year in which the Bonds are issued will not exceed $10,000,000; and (3) 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. Section 13. Refunding or Defeasance of the Bonds. The City may issue refunding bonds pursuant to State law or use money available from any other lawful source to carry out a refunding or defeasance plan, which may include (a) paying when due the principal of and interest on any or all of the Bonds (the “defeased Bonds”); (b) redeeming the defeased Bonds prior to their maturity; and (c) paying the costs of the refunding or defeasance. If the City sets aside in a special trust fund or escrow account irrevocably pledged to that redemption or defeasance (the “trust account”), money and/or Government Obligations maturing at a time or times and bearing interest in amounts sufficient to redeem, refund or defease the defeased Bonds in accordance with their terms, then all right and interest of the Owners of the defeased Bonds in the covenants of this ordinance and in the funds and accounts obligated to the payment of the defeased Bonds shall cease and become void. Thereafter, the Owners of defeased Bonds shall have the right to receive payment of the principal of and interest on the defeased Bonds solely from the trust account and the defeased Bonds shall be deemed no longer outstanding. In that event, the City may apply money remaining in any fund or account (other than the trust account) established for the payment or redemption of the defeased Bonds to any lawful purpose. Unless otherwise specified by the City in a refunding or defeasance plan, notice of refunding or defeasance shall be give, and selection of Bonds for any partial refunding or -12- 51293098.5 defeasance shall be conducted, in the manner prescribed in this ordinance for the redemption of Bonds. Section 14. Refunding of the Refunded Bonds. (a) Appointment of Refunding Trustee. The Designated Representative is authorized to appoint a Refunding Trustee in connection with the Bonds. (b) Use of Bond Proceeds; Acquisition of Acquired Obligations. A sufficient amount of the proceeds of the sale of the Bonds shall be deposited immediately upon the receipt thereof with the Refunding Trustee and used to discharge the obligations of the City relating to the Refunded Bonds under Ordinance No. 1321 by providing for the payment of the amounts required to be paid by the Refunding Plan. To the extent practicable, such obligations shall be discharged fully by the Refunding Trustee’s simultaneous purchase of the Acquired Obligations, bearing such interest and maturing as to principal and interest in such amounts and at such times so as to provide, together with a beginning cash balance, if necessary, for the payment of the amount required to be paid by the Refunding Plan. The Acquired Obligations, if acquired, will be listed and more particularly described in an exhibit to be attached to the Refunding Trust Agreement between the City and the Refunding Trustee, but are subject to substitution as set forth below. Any Bond proceeds or other money deposited with the Refunding Trustee not needed to purchase the Acquired Obligations and provide a beginning cash balance, if any, and pay the costs of issuance of the Bonds shall be returned to the City at the time of delivery of the Bonds to the initial purchaser thereof and deposited in the Bond Account to pay interest on the Bonds. If payment of the costs of issuance of the Bonds is not included in the Refunding Plan, the Bond proceeds that are not deposited with the Refunding Trustee will be deposited with the City to be used to pay the costs of issuance of the Bonds. The remaining proceeds of the sale of the Bonds shall be used to prepay the 2009 Bond on or about the Issue Date of the Bonds. (c) Substitution of Acquired Obligations. Prior to the purchase of any Acquired Obligations by the Refunding Trustee, the City reserves the right to substitute other direct, noncallable obligations of the United States of America (“Substitute Obligations”) for any of the Acquired Obligations and to use any savings created thereby for any lawful City purpose if, (a) in the opinion of the City’s bond counsel, the interest on the Bonds and the Refunded Bonds will remain excluded from gross income for federal income tax purposes under Sections 103, 148, and 149(d) of the Code, and (b) such substitution shall not impair the timely payment of the amounts required to be paid by the Refunding Plan, as verified by a nationally recognized independent certified public accounting firm. After the purchase of the Acquired Obligations by the Refunding Trustee, the City reserves the right to substitute therefor cash or Substitute Obligations subject to the conditions that such money or securities held by the Refunding Trustee shall be sufficient to carry out the Refunding Plan, that such substitution will not cause the Bonds or the Refunded Bonds to be arbitrage bonds within the meaning of Section 148 of the Code and regulations thereunder in -13- 51293098.5 effect on the date of such substitution and applicable to obligations issued on the issue dates of the Bonds and the Refunded Bonds, as applicable, and that the City obtain, at its expense: (1) a verification by a nationally recognized independent certified public accounting firm acceptable to the Refunding Trustee confirming that the payments of principal of and interest on the substitute securities, if paid when due, and any other money held by the Refunding Trustee will be sufficient to carry out the Refunding Plan; and (2) an opinion from a nationally recognized bond counsel to the City, to the effect that the disposition and substitution or purchase of such securities, under the statutes, rules, and regulations then in force and applicable to the Bonds, will not cause the interest on the Bonds or the Refunded Bonds to be included in gross income for federal income tax purposes and that such disposition and substitution or purchase is in compliance with the statutes and regulations applicable to the Bonds. Any surplus money resulting from the sale, transfer, other disposition, or redemption of the Acquired Obligations and the substitutions therefor shall be released from the trust estate and transferred to the City to be used for any lawful City purpose. (d) Administration of Refunding Plan. The Refunding Trustee is authorized and directed to purchase the Acquired Obligations (or substitute obligations), if so directed by the Designated Representative, and to make the payments required to be made by the Refunding Plan from the Acquired Obligations (or substitute obligations) and money deposited with the Refunding Trustee pursuant to this ordinance. All Acquired Obligations (or substitute obligations) and the money deposited with the Refunding Trustee and any income therefrom shall be held irrevocably, invested and applied in accordance with the provisions of Ordinance No. 1321, this ordinance, chapter 39.53 RCW and other applicable statutes of the State of Washington and the Refunding Trust Agreement. All necessary and proper fees, compensation, and expenses of the Refunding Trustee for the Bonds and all other costs incidental to the setting up of the escrow to accomplish the refunding of the Refunded Bonds and costs related to the issuance and delivery of the Bonds, including bond printing, Bond Counsel’s fees, and other related expenses, shall be paid out of the proceeds of the Bonds. (e) Authorization for Refunding Trust Agreement. To carry out the Refunding Plan provided for by this ordinance, the Designated Representative is authorized and directed to execute and deliver to the Refunding Trustee a Refunding Trust Agreement setting forth the duties, obligations and responsibilities of the Refunding Trustee in connection with the payment, redemption, and retirement of the Refunded Bonds as provided herein and stating that the provisions for payment of the fees, compensation, and expenses of such Refunding Trustee set forth therein are satisfactory to it. Prior to executing the Refunding Trust Agreement, the Designated Representative of the City is authorized to make such changes therein that do not change the substance and purpose thereof or that assure that the escrow provided therein and the Bonds are in compliance with the requirements of federal law governing the exclusion of interest on the Bonds from gross income for federal income tax purposes. Section 15. Call for Redemption of the Refunded Bonds. The City calls for redemption on a date that is approximately 30 days from the Issue Date, all of the Refunded Bonds at par plus accrued interest. Such call for redemption shall be irrevocable after the delivery of the Bonds to the initial purchaser thereof. -14- 51293098.5 The proper City officials are authorized and directed to give or cause to be given such notices as required, at the times and in the manner required, pursuant to Ordinance No. 1321 in order to effect the redemption prior to their maturity of the Refunded Bonds. Section 16. Findings with Respect to Refunding. The City Council authorizes the Designated Representative to issue the Bonds if it will achieve debt service savings to the City and is in the best interest of the City and its taxpayers. In making such finding and determination, the Designated Representative will give consideration to the fixed maturities of the Bonds and the Refunded Bonds, the costs of issuance of the Bonds and the known earned income from the investment of the proceeds of the issuance and sale of the Bonds and other money of the City used in the Refunding Plan, if any, pending payment and redemption of the Refunded Bonds. The Designated Representative may also purchase Acquired Obligations to be deposited with the Refunding Trustee, together with the income therefrom, and with any necessary beginning cash balance, which will be sufficient to redeem the Refunded Bonds and will discharge and satisfy the obligations of the City under Ordinance No. 1321 with respect to the Refunded Bonds, and the pledges, charges, trusts, covenants, and agreements of the City therein made or provided for as to the Refunded Bonds, and that the Refunded Bonds shall no longer be deemed to be outstanding under such ordinance immediately upon the deposit of such money with the Refunding Trustee. Section 17. Sale and Delivery of the Bonds. (a) Manner of Sale of Bonds; Delivery of Bonds. The Designated Representative is authorized to sell each Series of the Bonds by negotiated sale based on the assessment of the Designated Representative of market conditions, in consultation with appropriate City officials and staff, Bond Counsel and other advisors. In determining and accepting the Final Terms, the Designated Representative shall take into account those factors that, in the judgment of the Designated Representative, may be expected to result in the lowest true interest cost to the City. (b) Preparation, Execution and Delivery of the Bonds. The Bonds will be prepared at City expense and will be delivered to the Purchaser in accordance with the Bond Purchase Contract, together with the approving legal opinion of Bond Counsel regarding the Bonds. Section 18. Official Statement. (a) Preliminary Official Statement Deemed Final. The Designated Representative shall review and, if acceptable to him, approve the form of the preliminary official statement prepared in connection with each sale of a Series of the Bonds to the public. For the sole purpose of the Purchaser’s compliance with paragraph (b)(1) of Rule 15c2-12, the Designated Representative is authorized to deem that preliminary official statement final as of its date, except for the omission of information permitted to be omitted by Rule 15c2-12. The City approves the distribution to potential purchasers of the Bonds of a preliminary official statement that has been approved by the Designated Representative and deemed final in accordance with this subsection. (b) Approval of Final Official Statement. The City approves the preparation of a final official statement for each Series of the Bonds to be sold to the public in the form of the -15- 51293098.5 preliminary official statement that has been approved and deemed final in accordance with subsection (a), with such modifications and amendments as the Designated Representative deems necessary or desirable, and further authorizes Designated Representative to execute and deliver such final official statement to the Purchaser. The City authorizes and approves the distribution by the Purchaser of the final official statement to purchasers and potential purchasers of the Bonds. (c) Undertaking to Provide Continuing Disclosure. Section 19. Continuing Disclosure. To meet the requirements of paragraph (b)(5) of Rule 15c2-12, as applicable to a participating underwriter for the Bonds, the City makes the following written Undertaking for the benefit of holders of the Bonds: (a) Undertaking to Provide Annual Financial Information and Notice of Listed Events. The City undertakes to provide or cause to be provided, either directly or through a designated agent, to the MSRB, in an electronic format as prescribed by the MSRB, accompanied by identifying information as prescribed by the MSRB: (1) Annual financial information and operating data of the type included in the final official statement for the Bonds and described in paragraph (b) (“annual financial information”); (2) Timely notice (not in excess of 10 business days after the occurrence of the event) of the occurrence of any of the following events with respect to the Bonds: (1) principal and interest payment delinquencies; (2) non- payment related defaults, if material; (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, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notice of Proposed Issue (IRS Form 5701 – TEB) or other material notices or determinations with respect to the tax status of the Bonds; (7) modifications to rights of holders of the Bonds, if material; (8) bond calls (other than scheduled mandatory redemptions of Term Bonds), if material, and tender offers; (9) defeasances; (10) release, substitution, or sale of property securing repayment of the Bonds, if material; (11) rating changes; (12) bankruptcy, insolvency, receivership or similar event of the City, as such “Bankruptcy Events” are defined in Rule 15c2-12; (13) the consummation of a merger, consolidation, or acquisition involving the City or the sale of all or substantially all of the assets of the City other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material; and (14) appointment of a successor or additional trustee or the change of name of a trustee, if material. -16- 51293098.5 (3) Timely notice of a failure by the City to provide required annual financial information on or before the date specified in paragraph (b). (b) Type of Annual Financial Information Undertaken to be Provided. The annual financial information that the City undertakes to provide in paragraph (a): (4) Shall consist of (1) annual financial statements prepared (except as noted in the financial statements) in accordance with applicable generally accepted accounting principles applicable to local governmental units of the State such as the City, as such principles may be changed from time to time, which statements may be unaudited, provided, that if and when audited financial statements are prepared and available they will be provided; (2) principal amount of general obligation bonds outstanding at the end of the applicable fiscal year; (3) assessed valuation for that fiscal year; and (4) property tax levy amounts and rates for that fiscal year; (5) Shall be provided not later than the last day of the ninth month after the end of each fiscal year of the City (currently, a fiscal year ending December 31), as such fiscal year may be changed as required or permitted by State law, commencing with the City’s fiscal year ending December 31, 2014; and (6) May be provided in a single or multiple documents, and may be incorporated by specific reference to documents available to the public on the Internet website of the MSRB or filed with the SEC. (c) Amendment of Undertaking. The Undertaking is subject to amendment after the primary offering of the Bonds without the consent of any holder of any Bond, or of any broker, dealer, municipal securities dealer, participating underwriter, Rating Agency or the MSRB, under the circumstances and in the manner permitted by Rule 15c2-12. The City will give notice to the MSRB of the substance (or provide a copy) of any amendment to the Undertaking and a brief statement of the reasons for the amendment. If the amendment changes the type of annual financial information to be provided, the annual financial information containing the amended financial information will include a narrative explanation of the effect of that change on the type of information to be provided. (d) Beneficiaries. The Undertaking evidenced by this section shall inure to the benefit of the City and the Beneficial Owner holder of a Bond, and shall not inure to the benefit of or create any rights in any other person. (e) Termination of Undertaking. The City’s obligations under the Undertaking shall terminate upon the legal defeasance of all of the Bonds. In addition, the City’s obligations under the Undertaking shall terminate if the provisions of Rule 15c2-12 that require the City to comply with the Undertaking become legally inapplicable in respect of the Bonds for any reason, as confirmed by an opinion of Bond Counsel delivered to the City, and the City provides timely notice of such termination to the MSRB. -17- 51293098.5 (f) 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 action to compel the City or other obligated person to comply with the Undertaking, including seeking an order of specific performance from an appropriate court. (g) Designation of Official Responsible to Administer Undertaking. The Designated Representative 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 and in accordance with Rule 15c2-12 including the following actions: (1) Preparing and filing the annual financial information undertaken to be provided; (2) Determining whether any event specified in paragraph (a) has occurred, assessing its materiality, where necessary, with respect to the Bonds, and preparing and disseminating any required notice of its occurrence; (3) Determining whether any person other than the City is an “obligated person” within the meaning of Rule 15c2-12 with respect to the Bonds, and obtaining from such person an undertaking to provide any annual financial information and notice of listed events for that person required under Rule 15c2-12; (4) Selecting, engaging and compensating designated agents and consultants, including financial advisors and legal counsel, to assist and advise the City in carrying out the Undertaking; and (5) Effecting any necessary amendment of the Undertaking. Section 20. Supplemental and Amendatory Ordinances. The City may supplement or amend this ordinance for any one or more of the following purposes without the consent of any Owners of the Bonds: (a) To add covenants and agreements that do not materially adversely affect the interests of Owners, or to surrender any right or power reserved to or conferred upon the City. (b) To cure any ambiguities, or to cure, correct or supplement any defective provision contained in this ordinance in a manner that does not materially adversely affect the interest of the Beneficial Owners of the Bonds. Section 21. General Authorization and Ratification. The Mayor, City Clerk, Designated Representative and other appropriate officers of the City are severally authorized to take such actions and to execute such documents as in their judgment may be necessary or desirable to carry out the transactions contemplated in connection with this ordinance, and to do -18- 51293098.5 everything necessary for the prompt delivery of the Bonds to the Purchaser and for the proper application, use and investment of the proceeds of the Bonds. All actions taken prior to the effective date of this ordinance in furtherance of the purposes described in this ordinance and not inconsistent with the terms of this ordinance are ratified and confirmed in all respects. Section 22. Severability. The provisions of this ordinance are declared to be separate and severable. If a court of competent jurisdiction, all appeals having been exhausted or all appeal periods having run, finds any provision of this ordinance to be invalid or unenforceable as to any person or circumstance, such offending provision shall, if feasible, be deemed to be modified to be within the limits of enforceability or validity. However, if the offending provision cannot be so modified, it shall be null and void with respect to the particular person or circumstance, and all other provisions of this ordinance in all other respects, and the offending provision with respect to all other persons and all other circumstances, shall remain valid and enforceable. Section 23. Effective Date of Ordinance. This ordinance shall take effect and be in force from and after its passage and five days following its publication as required by law. PASSED by the City Council and APPROVED by the Mayor of the City of Arlington, Washington, at an open public meeting thereof, this 7th day of July, 2014. Mayor ATTEST: City Clerk APPROVED AS TO FORM: Bond Counsel 51293098.5 CERTIFICATION I, the undersigned, City Clerk of the City of Arlington, Washington (the “City”), hereby certify as follows: 1. The attached copy of Ordinance No. ____ (the “Ordinance”) is a full, true and correct copy of an ordinance duly passed at a regular meeting of the City Council of the City held at the regular meeting place thereof on July 7, 2014, as that ordinance appears on the minute book of the City. 2. The Ordinance will be in full force and effect five days after publication in the City’s official newspaper, which publication date was July __, 2014. 3. A quorum of the members of the City Council was present throughout the meeting and a majority of the members voted in the proper manner for the passage of the Ordinance. Dated: July __, 2014. CITY OF ARLINGTON, WASHINGTON _____________________________________ City Clerk City of Arlington Council Agenda Bill Item: WS #3 Attachment B COUNCIL MEETING DATE: June 23, 2014 SUBJECT: May 2014 Financial Report ATTACHMENTS: May 2014 Financial Reports – General Fund Operating Statement for May All Other Funds Operating Statements for May DEPARTMENT OF ORIGIN Finance; Contact Jim Chase – 360-403-3422 EXPENDITURES REQUESTED: -0- BUDGET CATEGORY: N/A LEGAL REVIEW: DESCRIPTION: Staff will answer any questions regarding the attached Financial Reports. HISTORY: ALTERNATIVES RECOMMENDED MOTION: Workshop, discussion only. May 2014 Financial Report - Jim Chase, Finance Director General Fund – Building permits revenues continue to be slow. We have collected just 9.25% of our budget in that category. The percentage collected should be at 42.67% through the end of May. Leasehold Excise Taxes show just 17.73% of the budget collected. June is historically a large collection month, coinciding with how many of the airport leases are structured. The General Fund receives Leasehold Excise Taxes collected on Airport property rent. The City owns the property but does not pay property taxes. When the City leases the property to individual (non-governmental) tenants, we are required to collect leasehold excises taxes in lieu of property taxes. The rate is 12.84% of the lease amount. Intergovernmental Revenues show just 21.97% of the budget collected. One of the larger pieces of Intergovernmental Revenue is the PUD Privilege Tax. This tax is imposed on Public Utility Districts that operate electric generating facilities for the privilege of engaging in the business of generating electricity within the state. The City will receive approximately $110,000 within the next few months for this tax. We will continue to closely monitor these revenues and will review any proposed expenditure adjustments with Allen and the Mayor as necessary to address any shortfalls On the expenditure side, legal fees have already exceeded the budgeted amount for the year. Several cases had not been completed from 2013 which carried over to this year. These cases included the Holden McDaniel case, which now appears to be headed to trial in June 2015, and the Dwayne Lane permit appeal. We have also experienced additional labor negotiation related costs, with all three contracts being under negotiation until recently. We will be returning to the table in the fall on two of the labor contracts (ACE and APOA), which will add additional costs. In addition, the Administration Department will have exceeded their budget at the end of the year due to the Matrix Study. Council authorized the spending up to $35,000 on the Matrix study in January. This will be included in the budget amendments that are completed annually. Emergency Medical Services Fund – In the last report, and at the workshop meeting on May 27th, transport fee revenues were discussed. Council asked information on the mileage fee reimbursement rate. Arlington EMS currently charges $16.74 per mile, while Medicare only reimburses at $7.16 per mile. The average mileage rate of the 114 clients our billing company provides services for is $14.60. Twenty-eight of Systems Design clients charge more than our current rate. Water/Sewer and Storm Water Funds – City staff processed 5,196 Water bills, 4,586 Sewer bills and 4,843 Storm water bills in May. Payment is due 20 days from the billing date. Late fees (5%) are added to unpaid balances immediately prior to processing the next monthly bills. A total of $11,895 in Late Fees was billed in May. We had 69 customers on the disconnect/turn-off list and charged a reconnect fee. Only 338 accounts have elected to go paperless and not receive a bill in the mail. All of those customers use Xpress bill pay, a third party payment processing company. These customers receive an e-mail from Xpress letting them know another billing is available to pay. We will look at doing another push on the Xpress Bill pay and going paperless in the fall Arlington Update and on social media. Following this page are the operating statements for each fund. General Fund Revenue Charts Property Taxes 2009 2010 2011 2012 2013 2014 Jan 9,953$ 10,730$ 43,863$ 13,735$ 17,528$ 13,051$ Jan Feb 6,463 4,965 6,939 8,731 11,473 20,864 Feb March 47,312 50,930 36,300 69,232 49,570 26,373 March April 89,039 180,793 121,892 213,717 203,950 338,280 April May 1,006,203 874,964 1,021,034 935,094 988,890 848,191 May June (15,120) 56,580 24,760 21,831 26,875 - June July 14,530 12,989 8,241 23,700 16,701 - July Aug 7,679 (68,052) 9,547 4,589 16,062 - August Sept 44,029 18,000 37,485 40,360 12,664 - Sept Oct 79,762 94,000 318,247 157,685 182,363 - October Nov 894,923 878,989 743,089 886,365 913,874 - Nov Dec 8,876 50,453 17,201 35,571 21,448 - Dec 2,193,649 2,165,341 2,388,598 2,410,610 2,461,398 1,246,759 2014 Budget 2,500,000 49.87% Retail Sales Taxes - 1% 2009 2010 2011 2012 2013 2014 Jan 221,227$ 226,180$ 231,247$ 248,861$ 250,760$ 269,131$ Jan Feb 280,181 271,533 327,957 285,164 307,572 315,250 Feb March 224,708 200,501 198,195 219,727 204,765 242,354 March April 206,233 240,071 236,714 234,622 237,322 244,563 April May 240,634 258,531 276,830 270,011 286,357 279,418 May June 236,531 252,005 244,488 242,401 291,441 - June July 251,301 252,678 250,540 265,711 279,283 - July August 302,202 284,617 277,164 265,845 299,857 - August Sept 287,843 256,168 250,027 251,684 284,347 - Sept October 241,080 250,811 247,503 270,521 289,400 - October Nov 276,283 270,709 250,547 280,060 283,972 - Nov Dec 237,530 211,020 242,434 252,952 264,547 - Dec 3,005,753 2,974,824 3,033,646 3,087,559 3,279,623 1,350,717 2014 Budget 3,200,000 2007 Total was 4,012,997 42.21% 2008 Total was 3,496,118 Snoh. Co. Criminal Justice Sales Tax - 0.1% 2009 2010 2011 2012 2013 2014 Jan 17,595$ 17,577$ 18,911$ 18,796$ 20,472$ 22,137$ Jan Feb 23,312 23,396 23,935 24,853 26,163 27,956 Feb March 16,671 15,746 16,203 16,396 18,838 20,165 March April 16,111 16,622 15,930 17,518 18,252 19,843 April May 18,775 18,464 18,149 19,753 21,828 23,201 May June 16,809 16,923 19,007 18,864 19,858 - June July 17,565 17,595 18,988 19,693 21,119 - July Aug 20,156 20,382 20,627 20,735 22,504 - August Sept 18,447 19,363 19,160 20,877 22,602 - Sept Oct 18,646 18,608 19,420 21,149 22,886 - October Nov 19,417 20,368 20,146 22,012 23,632 - Nov Dec 17,356 18,100 18,477 20,247 21,650 - Dec 220,861 223,144 228,953 240,894 259,805 113,302 2014 Budget 260,000 43.58% $1,050,000 $1,100,000 $1,150,000 $1,200,000 $1,250,000 $1,300,000 $1,350,000 $1,400,000 2009 2010 2011 2012 2013 2014 Retail Sales Tax - 1% $0 $20,000 $40,000 $60,000 $80,000 $100,000 $120,000 2009 2010 2011 2012 2013 2014 Crim. Justice Sales Tax $1,000,000 $1,050,000 $1,100,000 $1,150,000 $1,200,000 $1,250,000 $1,300,000 2009 2010 2011 2012 2013 2014 Property Taxes 2 Streamlined Sales Tax Mitigation Payments 2009 2010 2011 2012 2013 2014 Jan -$ -$ -$ -$ -$ -$ Jan Feb - - - - - - Feb March 32,850 29,743 25,024 25,377 23,888 24,876 March April - - - - - - April May - - - - - - May June 14,024 29,860 25,161 21,824 23,603 - June July - - - - - - July Aug - - - - - - August Sept 23,290 29,672 25,321 24,388 24,848 - Sept Oct - - - - - - October Nov - - - - - - Nov Dec 29,911 25,000 25,266 24,403 24,971 - Dec 100,074 114,275 100,771 95,992 97,310 24,876 2014 Budget 95,000 26.19% Utility Tax - Water 2009 2010 2011 2012 2013 2014 Jan 12,919$ 13,013$ 15,779$ 16,437$ 15,712$ 17,366$ Jan Feb 10,737 13,288 15,103 16,565 15,734 14,380 Feb March 14,718 15,760 16,090 14,824 14,469 15,900 March April 12,023 15,815 16,578 15,535 16,293 14,732 April May 13,328 18,173 15,477 15,627 15,891 14,671 May June 12,398 19,322 15,690 15,025 15,062 - June July 13,207 18,713 15,706 16,427 16,341 - July Aug 15,319 19,145 16,400 16,612 17,941 - August Sept 16,481 18,250 18,282 18,174 20,613 - Sept Oct 16,890 15,748 19,126 19,380 18,538 - October Nov 18,323 16,826 15,220 16,455 15,745 - Nov Dec 16,399 16,765 14,820 16,317 16,274 - Dec 172,744 200,818 194,271 197,378 198,613 77,049 2014 Budget 209,100 Tax is currently at 5% of gross revenues. 36.85% Utility Tax - Sewer 2009 2010 2011 2012 2013 2014 Jan 15,610$ 15,073$ 18,513$ 20,707$ 22,301$ 24,441$ Jan Feb 10,737 15,058 17,132 20,725 21,327 20,813 Feb March 17,565 17,034 20,022 21,603 22,450 23,951 March April 13,377 18,369 18,484 19,030 23,445 21,567 April May 16,063 19,702 20,239 21,424 23,664 23,108 May June 13,970 23,506 18,908 21,994 21,804 - June July 16,063 18,734 19,883 21,987 24,262 - July Aug 15,480 17,617 19,567 22,954 21,466 - August Sept 16,445 18,174 19,746 21,957 24,269 - Sept Oct 14,719 16,143 21,101 22,633 23,241 - October Nov 16,854 18,069 18,874 22,016 22,321 - Nov Dec 15,368 18,097 20,577 22,210 24,229 - Dec 182,252 215,576 233,046 259,240 274,779 113,880 2014 Budget 275,400 Tax is currently at 5% of gross revenues. 41.35% $0 $5,000 $10,000 $15,000 $20,000 $25,000 $30,000 $35,000 2009 2010 2011 2012 2013 2014 Streamlined Sales Tax $0 $20,000 $40,000 $60,000 $80,000 $100,000 2009 2010 2011 2012 2013 2014 Utility Tax - Water $0 $20,000 $40,000 $60,000 $80,000 $100,000 $120,000 2009 2010 2011 2012 2013 2014 Utility Tax - Sewer 3 Utility Tax - Natural Gas 2009 2010 2011 2012 2013 2014 Jan 76,095$ -$ 36,179$ 35,573$ 26,378$ 37,322$ Jan Feb - 78,413 41,081 33,778 32,351 41,502 Feb March - - 30,449 29,154 30,760 39,463 March April 154,007 94,519 39,426 32,759 27,275 31,323 April May - - 25,634 24,199 20,087 24,769 May June - - 23,779 15,727 16,081 - June July 67,871 - 13,874 11,422 9,893 - July Aug - 62,496 9,629 9,355 7,694 - August Sept - - 8,946 7,886 6,282 - Sept Oct 17,739 31,198 8,717 7,252 6,215 - October Nov 8,348 12,042 12,464 11,960 12,981 - Nov Dec - 21,772 22,809 18,929 18,820 - Dec 324,061 300,440 272,987 237,994 214,817 174,379 2014 Budget 260,000 Tax is currently at 6% of gross revenues. 67.07%To raise this tax over 6%, a public vote is needed. Utility Tax - Cable TV 2009 2010 2011 2012 2013 2014 Jan -$ 57,070$ 19,754 20,349$ 28,936$ -$ Jan Feb 54,091 - 20,393 - 28,669 60,794 Feb March - - 20,296 40,313 28,387 29,935 March April - - 19,945 20,432 - 30,620 April May 53,136 56,981 20,130 20,416 58,132 30,943 May June - - 19,714 20,436 28,908 - June July 53,857 59,413 19,761 49,691 29,195 - July Aug - - 20,146 - - - August Sept - - 19,641 58,417 58,179 - Sept Oct 55,308 59,514 19,687 - 31,533 - October Nov - 20,979 20,862 58,231 29,938 - Nov Dec - 20,345 20,360 27,961 30,654 - Dec 216,392 274,302 240,689 316,246 352,531 152,292 2014 Budget 345,000 Tax is currently at 8% of gross revenues. 44.14% Utility Tax - Telephone 2009 2010 2011 2012 2013 2014 Jan 88,965$ 86,694$ 49,514$ 48,104$ 48,733$ 41,935$ Jan Feb 37,525 30,381 47,162 46,413 46,420 49,795 Feb March 35,359 39,877 47,001 45,922 44,971 43,391 March April 86,993 88,806 49,593 47,991 49,639 45,166 April May 36,626 38,157 48,868 44,896 43,514 44,431 May June 36,283 39,605 47,980 45,113 46,181 - June July 85,034 84,164 49,151 47,858 44,795 - July Aug 38,005 29,395 47,501 46,408 43,252 - August Sept 36,847 30,590 48,418 47,018 48,896 - Sept Oct 84,934 91,407 48,145 46,568 45,845 - October Nov 37,066 49,004 46,999 47,039 44,276 - Nov Dec 35,740 51,966 47,294 46,622 44,780 - Dec 639,376 660,046 577,626 559,952 551,302 224,718 2014 Budget 560,000 Tax currently at 6% of gross revenues. 40.13%To raise this tax over 6%, a public vote is needed. $0 $50,000 $100,000 $150,000 $200,000 $250,000 2009 2010 2011 2012 2013 2014 Utility Tax - Nat. Gas $0 $20,000 $40,000 $60,000 $80,000 $100,000 $120,000 $140,000 $160,000 2009 2010 2011 2012 2013 2014 Utility Tax - Cable TV $0 $50,000 $100,000 $150,000 $200,000 $250,000 $300,000 $350,000 2009 2010 2011 2012 2013 2014 Utility Tax - Telephone 4 Utility Tax - Electricity 2009 2010 2011 2012 2013 2014 Jan 85,254$ 89,193$ 85,675$ 90,775$ 103,172$ 114,147$ Jan Feb 45,564 47,266 45,924 52,732 67,082 71,787 Feb March 88,361 84,004 85,151 91,009 112,114 119,425 March April 46,327 49,177 52,944 54,791 62,768 67,965 April May 74,454 73,938 78,401 95,590 94,693 95,928 May June 35,509 38,623 42,306 49,079 49,929 - June July 63,927 62,864 66,531 80,553 77,961 - July Aug 32,027 35,312 33,892 45,026 48,437 - August Sept 61,434 61,005 66,854 70,885 82,008 - Sept Oct 33,812 34,659 30,989 49,563 42,735 - October Nov 68,237 68,018 70,805 87,318 92,901 - Nov Dec 33,372 44,113 39,772 45,967 45,579 - Dec 668,279 688,172 699,244 813,288 879,379 469,252 2014 Budget 890,000 Tax is currently at 6% of gross revenues. 52.72%To raise this tax over 6%, a public vote is needed. Utility Tax - Solid Waste (Garbage) 2009 2010 2011 2012 2013 2014 Jan 8,266$ 9,204$ 10,912$ 10,959$ 20,047$ 20,913$ Jan Feb 8,165 8,907 10,495 10,516 - 20,757 Feb March 8,696 9,912 10,794 11,108 39,805 21,220 March April 9,914 9,901 10,148 10,678 19,544 20,799 April May 10,282 10,132 10,848 11,279 20,758 21,746 May June 9,786 10,013 10,104 10,929 20,056 - June July 10,497 10,452 10,781 11,397 20,321 - July Aug 10,088 9,906 9,984 18,774 20,500 - August Sept 10,936 10,477 10,419 46,317 20,762 - Sept Oct 9,556 9,959 10,586 19,156 20,655 - October Nov 9,912 10,754 11,150 21,807 21,346 - Nov Dec 9,929 10,178 10,479 19,927 22,002 - Dec 116,028 119,795 126,700 202,847 245,796 105,435 2014 Budget 240,000 Tax is currently at 8% of gross revenues. 43.93% Gambling Taxes 2009 2010 2011 2012 2013 2014 Jan 1,665$ 2,141$ 9,892$ 10,232$ 11,104$ 4,485$ Jan Feb 38,202 26,034 4,270 9,479 3,156 3,928 Feb March - - 12,809 9,781 3,109 5,167 March April 4,988 5,619 7,503 12,224 2,930 4,776 April May 43,661 22,153 5,894 10,528 4,974 4,983 May June - - 8,238 9,011 3,543 - June July 2,020 2,081 8,521 7,626 5,504 - July Aug 49,602 26,093 7,435 10,036 2,177 - August Sept - 1,580 6,790 8,374 3,694 - Sept Oct 1,787 22,631 7,404 8,389 5,570 - October Nov 39,154 9,846 7,689 10,799 4,335 - Nov Dec - 9,517 8,479 9,354 4,837 - Dec 181,077 127,695 94,924 115,833 54,933 23,339 2014 Budget 40,000 Tax on Pull tabs is 5% of gross receipts. 58.35%Tax on card games is 9% in 2014 and will increase 1% per year and max at 12%. $0 $100,000 $200,000 $300,000 $400,000 $500,000 2009 2010 2011 2012 2013 2014 Utility Tax - Electricity $0 $20,000 $40,000 $60,000 $80,000 $100,000 $120,000 2009 2010 2011 2012 2013 2014 Utility Tax - Garbage $0 $20,000 $40,000 $60,000 $80,000 $100,000 2009 2010 2011 2012 2013 2014 Gambling Taxes 5 Cable TV Franchise Fees 2009 2010 2011 2012 2013 2014 Jan 704$ 45,192$ 48,268$ 48,935$ 18,224$ -$ Jan Feb - - - - 16,488 38,906 Feb March - - - - 16,324 17,192 March April 1,205 411 47,913 48,344 1,490 17,624 April May - 44,678 - - 33,481 22,092 May June 11,900 - - 33,896 16,642 - June July 14,364 48,158 47,913 23,436 18,361 - July Aug - - - 16,402 - - August Sept - - - 16,052 33,441 - Sept Oct 44,951 47,041 47,707 3,771 19,807 - October Nov - - - 33,622 17,243 - Nov Dec - - - 14,235 17,644 - Dec 73,124 185,480 191,801 238,693 209,145 95,814 2014 Budget 205,000 Tax is 5% of gross revenues. 46.74% Building Permits 2009 2010 2011 2012 2013 2014 Jan 21,462$ 82,320$ 9,672$ 52,758$ 6,763$ 923$ Jan Feb 21,621 1,380 5,597 45,748 6,304 10,535 Feb March 34,857 12,071 52,830 50,294 13,513 6,366 March April 9,617 5,181 8,303 10,982 17,948 6,246 April May 3,742 1,206 5,445 11,055 79,689 3,672 May June 7,216 4,784 4,461 19,105 12,034 - June July 12,029 7,256 15,101 39,249 4,929 - July Aug 9,805 6,351 14,043 38,617 4,944 - August Sept 7,988 2,072 16,702 36,642 21,237 - Sept Oct 3,603 10,989 50,782 23,863 16,112 - October Nov 6,569 10,118 56,511 6,297 3,945 - Nov Dec 9,594 8,687 15,540 8,400 5,651 - Dec 148,103 152,415 254,987 343,010 193,069 27,742 2014 Budget 300,000 2007 Total was 346,953 9.25% 2008 Total was 307,424 Liquor Excise Taxes 2009 2010 2011 2012 2013 2014 Jan 20,240$ 21,047$ 20,972$ 21,133$ -$ 12,113$ Jan Feb - - - - - - Feb March - - - - - - March April 21,914 22,553 22,886 23,235 - 5,600 April May - - - - - - May June - - - - - - June July 19,542 20,196 21,077 21,738 - - July Aug - - - - - - August Sept - - - - - - Sept Oct 21,721 21,541 22,244 - 12,050 - October Nov - - - - - - Nov Dec - - - - - - Dec 83,417 85,337 87,179 66,106 12,050 17,713 2014 Budget 40,000 44.28% $0 $20,000 $40,000 $60,000 $80,000 $100,000 $120,000 $140,000 $160,000 $180,000 2009 2010 2011 2012 2013 2014 Building Permits $0 $20,000 $40,000 $60,000 $80,000 $100,000 $120,000 2009 2010 2011 2012 2013 2014 Cable Franchise Fees $0 $10,000 $20,000 $30,000 $40,000 $50,000 2009 2010 2011 2012 2013 2014 Liquor Excise Tax 6 Liquor Profits 2009 2010 2011 2012 2013 2014 Jan -$ -$ -$ -$ -$ -$ Jan Feb - - - - - - Feb March 28,271 39,961 33,151 23,858 40,428 40,633 March April - - - - - - April May - - - - - - May June 29,750 31,625 37,009 73,882 40,416 - June July - - - - - - July Aug - - - - - - August Sept 34,486 33,192 25,535 40,674 40,427 - Sept Oct - - - - - - October Nov - - - - - - Nov Dec 24,930 32,982 29,280 40,660 40,423 - Dec 117,437 137,760 124,975 179,074 161,694 40,633 2014 Budget 155,000 26.21% Traffic Infractions 2009 2010 2011 2012 2013 2014 Jan 21,068 24,910 24,336 20,217 15,782 18,009$ Jan Feb 20,599 31,691 22,741 16,844 21,485 17,749 Feb March 26,005 26,876 21,711 24,490 17,436 17,508 March April 25,855 34,754 29,060 24,522 22,793 25,526 April May 22,540 31,967 20,085 18,988 21,143 18,319 May June 27,289 25,789 22,028 22,774 14,513 - June July 21,091 28,503 21,780 21,702 11,950 - July Aug 30,197 24,379 19,147 21,814 16,910 - August Sept 28,098 23,818 20,860 23,095 17,762 - Sept Oct 28,358 22,846 22,151 19,022 14,578 - October Nov 24,580 28,175 22,401 18,531 15,686 - Nov Dec 23,285 22,548 20,459 19,821 9,514 - Dec 298,965$ 326,256$ 266,759$ 251,820 199,552 97,111 2014 Budget 320,200 30.33% $0 $10,000 $20,000 $30,000 $40,000 $50,000 2009 2010 2011 2012 2013 2014 Liquor Profits $0 $20,000 $40,000 $60,000 $80,000 $100,000 $120,000 $140,000 $160,000 2009 2010 2011 2012 2013 2014 Fines & Forfeitures 7 Other Funds Revenue Charts Street Fund Motor Vehicle Fuel Taxes 2009 2010 2011 2012 2013 2014 Jan 29,365$ 29,365$ 28,999$ 26,401$ 29,006$ 29,968$ Jan Feb 25,560 31,059 29,651 31,775 29,032 30,543 Feb March 29,880 28,088 29,230 26,930 29,003 29,588 March April 28,049 27,051 28,331 28,741 26,956 26,218 April May 30,897 31,140 32,958 30,583 31,095 31,216 May June 29,937 30,446 30,897 28,815 30,115 - June July 33,359 32,377 31,626 31,834 33,270 - July Aug 32,554 31,621 33,033 31,981 30,860 - August Sept 34,329 34,057 30,629 32,675 34,562 - Sept Oct 33,887 33,710 34,751 34,224 38,816 - October Nov 31,514 31,670 31,765 30,509 26,508 - Nov Dec 32,226 32,441 32,080 32,364 32,639 - Dec 371,557 373,025 373,950 366,833 371,862 147,533 2014 Budget 380,000 38.82% Emergency Medical Services Fund Ambulance Transport Fees 2009 2010 2011 2012 2013 2014 Jan 48,382$ 62,999$ 71,482$ 50,563$ 120,025$ 56,024$ Jan Feb 40,721 72,652 65,114 46,148 94,156 47,811 Feb March 39,041 78,115 71,991 57,465 67,761 93,481 March April 63,533 71,986 67,123 71,528 98,736 92,429 April May 45,237 65,024 78,858 65,711 78,850 60,552 May June 52,574 58,261 59,627 54,976 67,994 - June July 47,741 55,550 66,288 83,368 86,256 - July Aug 56,235 67,303 64,907 58,235 59,020 - August Sept 56,512 57,123 56,753 65,913 73,762 - Sept Oct 58,141 68,644 97,429 83,831 79,623 - October Nov 41,371 45,428 64,636 65,494 61,295 - Nov Dec 99,207 62,757 49,362 63,072 60,673 - Dec 648,695$ 765,842$ 813,570$ 766,304 948,151 350,297 2014 Budget 975,500 35.91% $0 $20,000 $40,000 $60,000 $80,000 $100,000 $120,000 $140,000 $160,000 $180,000 2009 2010 2011 2012 2013 2014 Motor Vehicle Fuel Taxes $0 $50,000 $100,000 $150,000 $200,000 $250,000 $300,000 $350,000 $400,000 $450,000 $500,000 2009 2010 2011 2012 2013 2014 Ambulance Transport Fees 8 GENERAL FUND OPERATING STATEMENT THROUGH MAY 2014 YTD % OF YTD TOTAL % OF 2014 2014 ANNUAL 2013 2013 TOTAL ACTUAL BUDGET BUDGET ACTUAL ACTUAL ACTUAL REVENUE SOURCES TAXES: -PROPERTY 1,246,759$ 2,500,000$ 49.87%1,271,411$ 2,464,431$ 51.59% -SALES - 1% City 1,350,717 3,200,000 42.21%1,286,776 3,279,622 39.24% -SALES - 0.1% SnoCo Crim Just.113,302 260,000 43.58%105,553 259,804 40.63% -UTILITY 1,341,065 2,831,100 47.37%1,266,462 2,768,899 45.74% -LEASEHOLD EXCISE 21,276 120,000 17.73%22,873 124,497 18.37% -GAMBLING 23,338 40,000 58.35%25,273 54,933 46.01% LICENSES & PERMITS 156,416 596,800 26.21%250,627 498,397 50.29% INTERGOV REVENUE 118,877 540,992 21.97%135,158 516,040 26.19% CHARGES FOR SERVICES 852,688 2,228,588 38.26%919,750 2,344,063 39.24% FINES & FORFEITURES 97,111 320,200 30.33%98,639 199,553 49.43% MISC REVENUE 125,278 18,750 668.15%3,594 37,241 9.65% OTHER FIN SOURCES - 70,100 0.00%4,004 92,630 4.32% NON-REVENUES 53,649 259,000 20.71%76,643 138,204 55.46% TOTAL REVENUES 5,500,476 12,985,530 42.36%5,466,763 12,778,314 42.78% BEGINNING CASH BALANCE 505,494 500,000 377,749 377,749 TOTAL SOURCES 6,005,970 13,485,530 5,844,512 13,156,063 EXPENDITURES LEGISLATIVE 51,479 122,145 42.15%53,073 120,918 43.89% EXECUTIVE 386,895 773,381 50.03%321,458 794,251 40.47% FINANCE 332,686 822,871 40.43%324,118 812,986 39.87% LEGAL 83,715 70,000 119.59%26,874 102,912 26.11% INFORM TECHNOLOGY 215,299 388,312 55.44%180,676 344,173 52.50% MISC - DUES & ASSESSMNTS 186,240 277,396 67.14%197,462 294,771 66.99% LAW ENFORCEMENT 1,936,608 5,069,852 38.20%1,902,255 4,808,042 39.56% FIRE CONTROL 1,082,232 2,464,645 43.91%989,776 2,418,813 40.92% RECYCLING 16,926 20,000 84.63%3,456 5,599 61.73% COMMUNITY DEVELOPMENT 354,466 738,007 48.03%352,259 878,091 40.12% LIBRARY SERVICES 15,000 36,200 41.44%15,695 36,696 42.77% NON-EXPENDITURES 54,245 259,000 20.94%60,276 148,220 40.67% DEBT SERVICE 1,211 872,720 0.14%- 876,847 0.00% INTERFUND TRANSACTIONS 354,589 1,071,001 33.11%426,250 1,008,250 42.28% TOTAL EXPENSES 5,071,591 12,985,530 39.06%4,853,628 12,650,569 38.37% ENDING FUND BALANCE 500,000 505,494 TOTAL EXPEND & FUND BALANCE 13,485,530 13,156,063 AVAILABLE CASH BALANCE 934,379$ 990,884$ Percentage of budget allocated to May 41.67% 9 OTHER FUNDS OPERATING STATEMENTS YTD MAY BUDGET FUND NAME 2014 2014 % FUND 004 GENERAL MANDATORY RESERVE FUND This fund will be used to accumulate a reserve amount for the General Fund in accordance with the City's Financial Policy. Begin Fund Balance -$ -$ YTD Revenues -Transfers-in- General Fund 12,500 50,000 25.0% YTD Expenditures - - 0.0% End Fund Balance 12,500$ 50,000$ SPECIAL REVENUE FUNDS (100 - 199) - to account for the proceeds of specific revenue sources (other than for major capital projects) that are legally restricted to expenditurse for specified purposes. These funds cannot be used for General Fund purposes. The General Fund can be reimbursed for services provided to these funds (utility Billing and collection, Acctg. And Admin., payroll, personnel, Information Technoloy, etc.) FUND 101 STREET MAINTENANCE FUND This fund is responsible for maintaining all public streets and roadways (patching, paving and sealing of roads, sidewalk repair and maint., and other roadway functions including sweeping and snow removal) Begin Fund Balance 79,241$ 77,000$ MV Fuel Taxes 147,533 380,000 38.8% Interfund Transfers 122,919 460,000 26.7% Misc. Revenues 14,847 27,200 54.6% YTD Revenues 285,299 867,200 32.9% Salaries & Wages 150,382 348,509 43.2% Personnel Benefits 59,299 146,310 40.5% Supplies 3,529 47,525 7.4% Other Services & Charges 74,391 281,100 26.5% Intergov Serv & Taxes 1,889 6,000 31.5% Capital Outlays 519 - 0.0% Interfnd Payment for Svcs 45,831 110,000 41.7% YTD Expenditures 335,840 939,444 35.7% Ending Fund Balance 28,700$ 4,756$ FUND 104 PROGRAM DEVELOPMENT FUND This fund is dedicated to the purchase of public safety vehicles and equipment from a donation from the Stillaguamish Tribe received at the beginning of 2012. Begin Fund Balance 136,421$ 148,000$ YTD Revenues - Interest Income - 100 0.0% YTD Police Expenditures 9,433 22,100 42.7% YTD Fire Expenditures 5,600 1,000 560.0% YTD Expenditures 15,033 23,100 End Fund Balance 121,388$ 125,000$ FUND 107 GROWTH MANAGEMENT FUND This fund is used to track mitigation fees paid to the City for new construction impacts. These funds must be used within 6 years of receipt and expended for improvements relating to growth and infrastructure needs as a direct result of growth. Begin Fund Balance 1,829,337$ 1,315,000$ Mitigation Fees 10,163 220,000 4.6% Interest Income 3,882 40,000 9.7% Loan Repayment-EMS 225,170 - 0.0% YTD Revenues 239,215 260,000 12.1% YTD Expenditures 418,222 500,000 83.6% End Fund Balance 1,650,330$ 1,075,000$ 10 YTD MAY BUDGET SPECIAL REVENUE FUNDS - Cont.FUND NAME 2014 2014 % FUND 108 EMERGENCY MEDICAL SERVICES FUND The EMS Fund is responsible for providing medical care for emergency calls that have a high potential for acute trauma or loss of life and emergency medical coverage for special events. The majority of the revenue in this fund are from the 50 cent EMS property tax levy and the levies from Fire Dist. No. 21, 24 and 25, and from transport fees. The other fire districts contract with us to help with EMS services in their areas. Begin Fund Balance 137,651$ 100,000$ Property Taxes Arlington 527,292 912,000 57.8% Property Taxes FD #24 - Darrington - 83,000 0.0% Property Taxes FD #21 - Arlington Rural - 385,756 0.0% Property Taxes FD #25 - Oso - 46,000 0.0% Intergovernmental Grants - 1,600 0.0% Transport Fees 350,297 975,500 35.9% Interfund Payments-Airport 53,375 128,100 41.7% Other Misc.544 82,800 0.7% Interfund Loan 285,716 - 0.0% YTD Revenues 1,217,224 2,614,756 46.6% Salaries & Wages 614,850 1,552,332 39.6% Overtime 92,510 109,000 84.9% Personnel Benefits 173,807 440,913 39.4% Supplies 27,620 77,400 35.7% Other Services & Charges 101,536 253,550 40.0% Intergov Serv & Taxes 8,282 9,600 86.3% Debt Repayment 225,233 - 0.0% Capital Outlays 2,872 4,000 71.8% Interfnd Payment for Svcs 108,162 259,600 41.7% YTD Expenditures 1,354,872 2,706,395 50.1% End Fund Balance 3$ 8,361$ FUND 109 STREAM COORIDOR RESTORATION FUND This fund is used for capital improvements to streams within the City. Begin Fund Balance 37,899$ 24,000$ YTD Revenues - Stilly Tribe/Int. Income 512 250 204.8% YTD Expenditures - 7,000 0.0% End Fund Balance 38,411$ 17,250$ FUND 114 LODGING TAX FUND The City collects a 2% tax on lodging stays. This moneys in this fund is then used to promote tourism in and around the City. The Lodging Tax Advisory Committee makes a recommendation to the City Council for the distribution of funds to local non-profit and marketing organizations, following a competetive grant process. Begin Fund Balance 59,715$ 35,000$ Hotel/Motel Tax 29,755 75,000 39.7% Interest Income 126 1,000 12.6% YTD Revenues 29,881 76,000 39.3% YTD Expenditures 27,618 84,000 32.9% End Fund Balance 61,978$ 27,000$ 11 YTD MAY BUDGET SPECIAL REVENUE FUNDS - Cont.FUND NAME 2014 2014 % FUND 116 CEMETERY OPERATIONS FUND This Fund provides for the operation and maintenance of the Arlington Cemetery. Services provided include internment services, and maintenance of the landscape and the various structures. Begin Fund Balance 58,086$ 68,000$ Charges for Services 116,818 196,000 59.6% Misc 141 575 24.5% Non-Revenues 6,355 9,000 70.6% Transfer In - 100 0.0% YTD Revenues 123,314 205,675 60.0% Salaries & Wages 42,344 100,700 42.0% Personnel Benefits 18,829 46,612 40.4% Supplies 17,789 24,700 72.0% Other Services & Charges 8,216 24,000 34.2% Intergov Serv & Taxes 6,257 10,000 62.6% Capital Outlays - 575 0.0% Interfnd Payment for Svcs 17,445 34,375 50.7% Interfund Transfers/to Cap Improv - 10,000 0.0% YTD Expenditures 110,880 250,962 44.2% End Fund Balance 70,520$ 22,713$ DEBT SERVICE FUNDS (200 - 299) - to account for the accumulation of resources for, and the payment of, general long-term debt FUND 212 LOCAL IMPROVEMENT DISTRICT #21 FUND This Fund is used to collect the remaining outstanding local improvement district property assessments. Begin Fund Balance 105,093$ 5,000$ YTD Revenues - Assessment Collections/Interest 73,850 57,100 129.3% YTD Expenditures - 60,000 0.0% End Fund Balance 178,943$ 2,100$ CAPITAL PROJECTS FUNDS (300 - 399) - to account for financial resources to be used for the acquisition or construction of major capital facilities (other than those financed by proprietary funds and trust funds). These funds cannot be transferred and used for General Fund purposes. FUND 303 REAL ESTATE EXCISE TAX 1 FUND (FIRST 1/4% TAX) This fund is used to collect the first 1/4% of real estate excise tax on property sales and can be used for capital projects within the City, maintenance, and for debt service. Begin Fund Balance 138,267$ 110,000$ REET Tax Collections 92,512 251,000 36.9% Interest Income 240 2,000 12.0% YTD Revenues 92,752 253,000 36.7% 800 Mhz Radio Maintenance 67,638 60,000 112.7% Debt Service 30,000 123,600 24.3% Transfer to Street Fund 25,000 60,000 41.7% Capital Expenditures 2,500 - 0.0% 125,138 243,600 51.4% End Fund Balance 105,881$ 119,400$ 12 YTD MAY BUDGET CAP. PROJECT FUNDS - cont.FUND NAME 2014 2014 % FUND 304 REAL ESTATE EXCISE TAX 2 FUND (SECOND 1/4% TAX) This fund is used to collect the second 1/4% of real estate excise tax on property sales and can be used for capital projects within the City and for debt service. Begin Fund Balance 13,245$ 1,000$ REET Tax Collections 92,512 286,000 32.3% Interest Income 86 100 86.0% YTD Revenues 92,598 286,100 32.4% Debt Service Costs - 285,600 0.0% End Fund Balance 105,843$ 1,500$ FUND 305 CAPITAL FACILITIES/BUILDING FUND This fund is used to fund future building needs. Begin Fund Balance 4$ 1,800$ Transf In from REET1 & General Fund 30,000 72,000 41.7% Misc Revenue 100 0.0% YTD Revenues 30,000 72,100 41.6% YTD Expenditures 30,000 72,000 41.7% End Fund Balance 4$ 1,900$ FUND 310 TRANSPORTATION IMPROVEMENT FUND This fund accounts for all transporation related capital improvements (not including the TBD projects) Begin Fund Balance 3,655$ 140,000$ Grant Receipts 1,805,078 3,683,109 49.0% Misc. Revenues 4,957 12,400 40.0% Transfers-In-Growth Fund 132,506 500,000 26.5% YTD Revenues 1,942,541 4,195,509 46.3% YTD Expenditures 1,946,195 4,144,958 47.0% End Fund Balance 1$ 190,551$ FUND 311 PARKS IMPROVEMENT FUND This fund is to account for all Parks related capital improvement projects. Begin Fund Balance 156,634$ 180,000$ YTD Revenues - Haller Park Donations/Interest Inc.3,406 26,100 13.0% Country Charm Park Debt - Interest 63,333 152,000 41.7% Haller Playground 27,133 25,000 108.5% YTD Expenditures 90,466 177,000 51.1% End Fund Balance 69,574$ 29,100$ 13 YTD MAY BUDGET FUND NAME 2014 2014 % FUND 312 LIBRARY CAPITAL IMPROVEMENT FUND This fund is used to account for any improvments made at the Arlington Library. Begin Fund Balance 13,693$ 14,000$ YTD Revenues - Interest Income 31 200 15.5% YTD Expenditures - - 0.0% End Fund Balance 13,724$ 14,200$ FUND 316 CEMETERY CAPITAL IMPROVEMENT FUND This fund is used to account for any improvments made at the Arlington Cemetery. Begin Fund Balance 5,607$ 13,500$ YTD Revenues - Transf. In-Cemetery Fund/Interest Inc.13 10,100 0.1% YTD Expenditures - - 0.0% End Fund Balance 5,620$ 23,600$ ENTERPRISE FUNDS (400 - 499) - an enterprise fund may be used to report activity for which a fee is charged to external users for goods or services. An enterprise fund is also required for any activity whose principal revenue sources meet any of the following criteria - - Debt backed solely by fees and charges - Legal requirement to recover costs - Policy decision to recover costs These funds cannot be transferred and used for General Fund purposes. FUND 401 WATER/SEWER FUND The Water Division's responsibility is to provide clean, clear, potable water to utility customers, to maintain a high quality and deliver the product economically and plentifully to the customers. Begin Fund Balance-Unreserved-Water 2,003,693$ 1,895,000$ Charges for Services 1,503,516 3,666,650 41.0% Fines & Penalties 29,064 70,000 41.5% Miscellaneous-Int. Income 7,778 17,500 44.4% Non-Revenues 824 1,000 82.4% YTD Revenues-Water 1,541,182 3,755,150 41.0% Salaries & Wages 303,882 747,148 40.7% Personnel Benefits 110,149 291,468 37.8% Supplies 54,551 172,500 31.6% Other Services & Charges 161,762 322,600 50.1% Intergov Serv & Taxes 154,058 378,800 40.7% Debt Service - 93,530 0.0% Interfund Payment for Services 325,883 782,115 41.7% Interfund Transfers - 701,700 0.0% YTD Expenditures-Water 1,110,285 3,489,861 31.8% End Fund Balance-Unreserved-Water 2,434,590$ 2,160,289$ 14 YTD MAY BUDGET ENTERPRISE FUNDS - cont.FUND NAME 2014 2014 % The Wastewater or Sewer Division is charged with treating industial and domestic wastes. Sewer maintenance insures that the system is leak and seepage proof, unblocked by sand, grease, or roots, and properly graded to move wasts efficiently to the treatment plant after which the treated water can be sent back to the Stilliguamish River cleaner than when it was originally taken out. Begin Fund Balance-Unreserved - Sewer 1,514,307$ 1,050,000$ Charges for Services 2,258,797 5,403,600 41.8% Fines & Penalties 12,527 30,000 41.8% Miscellaneous-Interest Income 6,388 13,000 49.1% YTD Revenues-Sewer 2,277,712 5,446,600 41.8% Salaries & Wages 246,357 596,016 41.3% Personnel Benefits 88,364 236,169 37.4% Supplies 76,566 263,500 29.1% Other Services & Charges 248,615 526,350 47.2% Intergov Serv & Taxes 157,084 343,100 45.8% Non-Expenditures - 1,000 0.0% Debt Service 511,349 2,658,396 19.2% Interfund Payment for Services 342,240 819,590 41.8% Interfund Transfers - 101,700 0.0% YTD Expenditures-Sewer 1,670,575 5,545,821 30.1% End Fund Balance-Unreserved-Sewer 2,121,444$ 950,779$ FUND 402 AIRPORT FUND The operation of the Airport Fund includes airport land facility management and maintanance; aviation, industrial and commercial development; security and administrative services; and airport planning. Begin Fund Balance 726,139$ 400,000$ Rental Income 1,799,816 2,897,916 62.1% Intergov. Revenues 4,950 45,000 11.0% Other Misc Revenues 9,628 23,000 41.9% Non-Revenues 231,769 394,139 58.8% TYD Revenues 2,046,163 3,360,055 60.9% Salaries & Wages 106,827 266,094 40.1% Personnel Benefits 35,292 110,668 31.9% Supplies 11,975 31,450 38.1% Other Services & Charges 90,403 221,481 40.8% Intergov Serv & Taxes 124 800 15.5% Non-Expenditures 180,928 382,139 47.3% Capital Outlays 105,369 781,000 13.5% Debt Service 55,869 120,520 46.4% Interfund Payment for Services 634,773 1,543,642 41.1% Interfund Transfers 281,668 293,368 96.0% YTD Expenditures 1,503,228 3,751,162 40.1% End Fund Balance 1,269,074$ 8,893$ 15 YTD MAY BUDGET ENTERPRISE FUNDS - cont.FUND NAME 2014 2014 % FUND 405 WATER CAPITAL IMPROVEMENT FUND This fund is used to account for major capital projects constructed by the Water division. All revenues from new connection fees are receipted into this fund as well as a small portion of the monthly utility rate. Begin Fund Balance 4,641,426$ 5,100,000$ Interst Income 9,467 30,000 31.6% Water Connection Fees 43,000 86,000 50.0% Loan Repaymt-Stormwater - 50,000 0.0% Non-Revenues 923 - 0.0% Transfer-In-Water Fund - 700,000 0.0% YTD Revenues 53,390 866,000 6.2% YTD Expenditures 541,585 1,227,000 44.1% End Fund Balance 4,153,231$ 4,739,000$ FUND 406 SEWER CAPITAL IMPROVEMENT FUND This fund is used to account for major capital projects constructed by the Sewer division. All revenues from new connection fees are receipted into this fund as well as a small portion of the monthly utility rate. Begin Fund Balance 3,570,011$ 2,490,000$ Interest Income 7,421 15,000 49.5% Sewer Connection Fees 67,200 168,000 40.0% Non-Revenues 1,675 - 0.0% Transfer-In-Sewer Fund - 100,000 0.0% YTD Revenues 76,296 283,000 27.0% YTD Expenditures 536,984 1,335,000 40.2% End Fund Balance 3,109,323$ 1,438,000$ FUND 407 PUBLIC WORKS-UTILITIES ADMINISTRATION FUND This fund is responsible for the management of the three utilities - Water, Sewer and Storm water. This includes financial management, regulatory compliance and personnel management. Begin Fund Balance 127,858$ 120,000$ Charges for Services 346,893 832,560 41.7% Misc. Revenue 473 1,600 29.6% YTD Revenues 347,366 834,160 41.6% Salaries & Wages 205,455 497,969 41.3% Personnel Benefits 81,481 204,304 39.9% Supplies 2,935 6,500 45.2% Other Services & Charges 17,455 101,940 17.1% Interfund Payment for Services 18,311 - 0.0% Capital Outlays - 6,000 0.0% YTD Expenditures 325,637 816,713 39.9% End Fund Balance 149,587$ 137,447$ 16 YTD MAY BUDGET ENTERPRISE FUNDS - cont.FUND NAME 2014 2014 % FUND 409 STORM WATER CAPITAL IMPROVEMENT FUND This fund is used to fund any major capital projects constructed by the Storm Water Utility. Begin Fund Balance 160,531$ 43,000$ Grant Revenues 504,420 2,051,000 24.6% Interest Income 823 100 823.0% Transfers-In-Stormwater Fund - 160,000 0.0% YTD Revenues 505,243 2,211,100 22.9% YTD Expenditures 68,009 2,216,000 3.1% End Fund Balance 597,765$ 38,100$ FUND 410 AIRPORT RESERVE FUND This fund is used to fund emergency repairs and large capital projects at the Municipal Airport. Begin Fund Balance 342,314$ 345,346$ Interest Income 1,073 500 214.6% Transfers-In-Airport Fund 281,668 281,668 100.0% YTD Revenues 282,741 282,168 100.2% YTD Expenditures - 195,000 0.0% End Fund Balance 625,055$ 432,514$ FUND 411 WATER/SEWER BOND RESERVE FUND The legal requirements in Bond and Loan documents required the City hold an amount in reserve that totals the smaller of 1) the maximum annual debt service of the W/S Revenue Bonds and Loans 2) 125% of the annual debt service of the utility, or 3) 10% of the stated principal amount of the bonds The current amount in this fund is sufficient to satisfy the reserve requirement. Investment Interest is going to the Water/Sewer Funds. Begin Fund Balance 1,501,946$ 679,000$ YTD Revenues - - 0.0% YTD Expenditures - - 0.0% End Fund Balance 1,501,946$ 679,000$ 17 YTD MAY BUDGET ENTERPRISE FUNDS - cont.FUND NAME 2014 2014 % FUND 412 STORM WATER MANAGEMENT FUND This fund was created to administer, amange, develop, operate and maintain the City's Storm Water Management Plan. This is our communities effort to provide flood management and water quality protection. The Plan includes building and maintaining the storm water systems, providing errosion control, and creating public awareness programs that help to protect our water quality. Begin Fund Balance 245,834$ 120,000$ Charges for Sevices 359,000 775,000 46.3% Misc revenue 1,904 53,000 3.6% YTD Revenues 360,904 828,000 43.6% Salaries & Wages 68,194 164,649 41.4% Personnel Benefits 25,112 64,899 38.7% Supplies 1,003 15,000 6.7% Other Services & Charges 25,373 84,600 30.0% Intergov Serv & Taxes 22,168 159,500 13.9% Interfund Payment for Services 51,081 - 0.0% Debt Service - 51,500 0.0% Interfund Transfers 47,919 275,000 17.4% YTD Expenditures 240,850 815,148 29.5% End Fund Balance 365,888$ 132,852$ FUND 413 AIRPORT CAPITAL IMPROVEMENT (FAA) FUND This fund accounts for capital improvements at the Airport that are eligible for, and receive grant funding from the Federal Aviation Administration (FAA). Begin Fund Balance 499,066$ 371,500$ Grant Receipts 605,325 367,735 164.6% Interest Income 1,589 1,000 158.9% Interfund Loan Payment 30,000 70,000 42.9% 636,914 438,735 145.2% YTD Expenditures 984,452 650,500 151.3% End Fund Balance 151,528$ 159,735$ 18 YTD MAY BUDGET FUND NAME 2014 2014 % INTERNAL SERVICE FUNDS (500 - 599) - to account for the financing of goods and or services provided by one department or agency or to other departments or agencies of the governmental unit, or to other governmental units, on a cost-reimbursement basis. FUND 501 EQUIPMENT RENTAL - MAINT & OPERATIONS FUND This fund pays for all fleet expenditures (the majority being Fuel and Repairs and Maintenance) for all city vehicles and equipment. The fleet ranges from Police and Fire vehicles and automobiles, utility vehicles and heavy construction equipment, and parks vehicles and maintenance equipment. Begin Fund Balance 121$ 4,000$ Rental Fees 225,668 524,290 43.0% Misc revenue 1,008 - 0.0% YTD Revenues 226,676 524,290 43.2% Operating Supplies 2,413 6,300 38.3% Fuel 76,053 225,000 33.8% Other services/Charges 51,154 95,172 53.7% Vehicle Repairs & Maint.Police 10,653 52,000 20.5% Vehicle Repairs & Maint.Fire 10,686 52,800 20.2% Vehicle Repairs & Maint.EMS 15,487 33,000 46.9% Vehicle Repairs & Maint.Other 20,654 37,200 55.5% Interfund Payment for Services 8,046 20,500 39.2% YTD Expenditures 195,146 521,972 37.4% End Fund Balance 31,651$ 6,318$ FUND 503 EQUIPMENT RENTAL REPLACEMENT FUND This fund is used to account for the accumulation of resources for the future replacement of vehicles and equipment when the useful lives of those vehicles and equipment is nearing the end. Begin Fund Balance 1,193,577$ 1,325,000$ Rental Fees 94,736 415,810 22.8% Interest Income 2,586 8,000 32.3% YTD Revenues 97,322 423,810 23.0% YTD Expenditures 277,743 384,900 72.2% End Fund Balance 1,013,156$ 1,363,910$ 19 YTD MAY BUDGET INTERNAL SERVICE FUNDS - cont.FUND NAME 2014 2014 % FUND 504 PUBLIC WORKS GROUNDS & FACILITIES MAINTENANCE & OPERATIONS FUND This fund is responsible for the maintenance and operations of the airport, cemetery, parks and public areas, and all City owned facilities. Begin Fund Balance 9,106$ 8,000$ Other Misc. Revenues - General Fund Support 307,089 737,001 41.7% Other Misc. Revenues - Airport Support 159,579 362,062 44.1% Other Misc. Revenues - Utility Fund Support 5,000 12,000 41.7% Other Misc. Revenues - Cemetery Support 3,125 7,500 41.7% Other Misc. Revenues - Building Rental Income 7,435 17,300 43.0% Charges for Services - Ball Field Use 6,912 8,300 83.3% Interest Income 73 1,000 7.3% Non-Revenues - 29,000 0.0% 489,213 1,174,163 41.7% Salaries & Wages 177,895 539,523 33.0% Personnel Benefits 59,715 199,715 29.9% Supplies 27,293 55,350 49.3% Other services/Charges 116,189 289,975 40.1% Interfund Payment for Services 49,651 87,600 56.7% Capital Expenditures 692 - 0.0% Interfund Transfers - 1,500 0.0% YTD Expenditures 431,435 1,173,663 36.8% End Fund Balance 66,884$ 8,500$ PRIVATE PURPOSE TRUST FUNDS (620 - 629) - to report all trust arangements under which principal and interest benefit individualS, private organizations and other governments. FUND 622 CEMETERY PRE-NEED TRUST FUND This funds is used to account for dollars where individuals have pre-paid for their items needed at the time of burial. Begin Fund Balance 20,356$ 16,000$ Sale of Liner/Vaults 2,090 10,000 20.9% Interest Income 48 200 24.0% 2,138 10,200 21.0% YTD Expenditures - 10,100 0.0% End Fund Balance 22,494$ 16,100$ 20 YTD MAY BUDGET FUND NAME 2014 2014 % AGENCY FUNDS (630 - 699) - used to account for assets held by a government as an agent for individuals, private organizations, other governments, and/or funds. FUND 630 ARLINGTON TRANSPORTATION BENEFIT DISTRICT (TBD) The TBD began receiving sales tax revenues in March 2014 to be used to fund street improvments. This is a separate entity from the City and will be audited separately by the State Auditor's Office. Begin Fund Balance -$ -$ Sales Tax 177,434 600,000 29.6% Interest Income - 500 0.0% YTD Revenues 177,434 600,500 29.5% YTD Expenditures 25,950 468,500 5.5% End Fund Balance 151,484$ 132,000$ PERMANENT FUNDS ( 700-799) - to report resources that are resticted to the extent that only earnings (interest), not principal, can be used to support the local government's applicable program. FUND 702 CEMETERY ENDOWMENT FUND The Cemetery collects a perpetual care fee for each plot sold, either at the time of need or on a pre-need sale. Those funds are held in this fund and the interest earned can be transferred to the Cemetery Fund, if needed, to help cover the costs of maintaining the grounds of the Cemetery into perpetuity. Begin Fund Balance 227,745$ 220,000$ Endowed Care Funds 9,359 12,000 78.0% Interest Income 524 1,500 34.9% YTD Revenues 9,883 13,500 73.2% YTD Expenditures - 2,500 0.0% End Fund Balance 237,628$ 231,000$ 21 City of Arlington Council Agenda Bill Item: WS #4 Attachment C COUNCIL MEETING DATE: June 23, 2014 SUBJECT: Settlement Agreement with Busy Beaver Recycling ATTACHMENTS: Settlement Agreement and Release between the City of Arlington and Timothy Riddle DEPARTMENT OF ORIGIN Community & Economic Development EXPENDITURES REQUESTED: NONE BUDGET CATEGORY: N/A LEGAL REVIEW: DESCRIPTION: The attached Settlement Agreement and Release requires Council approval for Mayoral signature. The Dismissal of the Lawsuit requires Council authorization. HISTORY: Timothy Riddle began operating a construction debris recycling facility on January 8, 2014, in the City of Arlington, located at 20015 67th Avenue NE, without first securing necessary permits. The City issued a Notice of Violation on April 8, 2014, specifying corrective action required to avoid penalties. Timothy Riddle did not appeal the Notice of Violation within 10 days, and as a result the Notice of Violation is a final determination. The City commenced the lawsuit under Snohomish County Superior Court Case Number 14-2-03548-7 against Riddle. The parties wish to resolve the lawsuit without incurring substantial additional cost. ALTERNATIVES Approve Staff’s Recommendation with Modifications Table Staff’s Recommendation Deny Staff’s Recommendation RECOMMENDED MOTION: No action at this time. City of Arlington Council Agenda Bill Item: WS #5 Attachment D COUNCIL MEETING DATE: June 23, 2014 SUBJECT: Bystrom House Recovery, Salvage and Removal Project Apparent Low Bidder ATTACHMENTS: - Bid Tabulation DEPARTMENT OF ORIGIN Public Works – Jim Kelly EXPENDITURES REQUESTED: $ 19,257.60 (Apparent Low Bidder) BUDGET CATEGORY: Water Capital Funds LEGAL REVIEW: DESCRIPTION: The Bystrom House Recovery, Salvage and Removal Project advertised on the Small Works Roster with five bids received by 2:00 PM, Thursday June 12, 2014; a summary of received bids is on the attached bid list. The Engineers Estimate was $25,000. HISTORY: The Bystrom Residence is a 1,977 square foot a two-story single family residence building located on the southwest corner of West Cox Ave and West Ave. The Water Department purchased the former Bystrom property and house in 2012 in order to plan for future expansion of the utility plant. City Council declared the property surplus in April 2014 and the Recovery, Salvage and Removal Project was advertised to contractors on the Small Works Roster. Five bids were received and staff has reviewed the low bid submitted by Sky Corp LTD. and determined they are qualified to complete the project. ALTERNATIVES • Reject Bids, re-advertise the project • Remand to staff for further evaluation RECOMMENDED MOTION: No action at this time – discussion/workshop only. City of Arlington Council Agenda Bill Item: WS #6 Attachment E COUNCIL MEETING DATE: June 23, 2014 SUBJECT: Amendment to the Snohomish County Housing & Community Development Urban County Consortium Interlocal Agreement ATTACHMENTS: Letter from Snohomish County Human Services Amendment to the Snohomish County Housing & Community Development Urban County Consortium Interlocal Agreement Original Interlocal Agreement executed July 1999. DEPARTMENT OF ORIGIN Administration, Kristin Banfield – 360-403-3444 EXPENDITURES REQUESTED: -0- BUDGET CATEGORY: N/A LEGAL REVIEW: DESCRIPTION: The cities and Snohomish County formed the Urban County Consortium in 1999 to increase the level of assured annual funding from the US Department of Housing and Urban Development (HUD) to help meet affordable housing and community development needs in our greater Snohomish County community. Every three years, HUD requires Snohomish County to renew the Interlocal Agreement. For this renewal period, the participating jurisdictions must adopt revised language in the Interlocal Agreement. Membership in the Consortium allows jurisdictions to apply for funding under three different HUD grant programs: Community Development Block Grant (CDBG), HOME Investment Partnership (HOME), and Emergency Solutions Grant (ESG). If we do not participate in the consortium, we will have to apply for funding from the state, if any funding is available. HISTORY: The City has been a member of the Urban County Consortium since 1999. ALTERNATIVES RECOMMENDED MOTION: Workshop; discussion only. City of Arlington Council Agenda Bill Item: WS #7 Attachment F COUNCIL MEETING DATE: June 23, 2014 SUBJECT: Draft ordinance addressing aggressive solicitation, begging, and camping issues ATTACHMENTS: Draft Ordinance DEPARTMENT OF ORIGIN Legal, Steve Peiffle – 360-435-2168; Police, Commander Brian DeWitt & Sergeant Jon Ventura EXPENDITURES REQUESTED: -0- BUDGET CATEGORY: N/A LEGAL REVIEW: DESCRIPTION: The city has received a significant number of complaints in the past few weeks regarding transients and their behaviors. Members of the Police department worked with the City Attorney and the City’s Prosecutor to develop the attached draft ordinance which will provide our police officers with some tools to help address some of the behaviors that are objectionable to the community. The proposed tools are currently being used in other local jurisdictions in Snohomish County with a relative amount of success. HISTORY: ALTERNATIVES RECOMMENDED MOTION: Workshop; discussion only. ORDINANCE NO. 2014-XXX 1 ORDINANCE NO. 2014--XXX AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON AMENDING ARLINGTON MUNICIPAL CODE TITLE 9 AND ADOPTING A NEW CHAPTER RELATING TO PEDESTRIAN INTERFERENCE, UNLAWFUL CAMPING AND RELATED MATTERS WHEREAS, the City of Arlington, Washington has the authority to enact laws to protect citizens and visitors to the City; and WHEREAS, the City Council believes it is in the best interests of its citizens to amend certain provisions of the City criminal code as it relates to camping and pedestrian interference; NOW, THEREFORE, the City Council of the City of Arlington do hereby ordain as follows: Section 1. Arlington Municipal Code section 9.08.030 shall be and hereby is repealed. Section 2. A new chapter of the Arlington Municipal Code shall be and hereby is adopted to read as follows: PUBLIC SOLICITATION AND CAMPING 9.56.010 Findings. 9.56.020 Definitions. 9.56.030 Pedestrian interference. 9.56.040 Pedestrian interference - Exceptions 9.56.050 Coercive solicitation – Prohibited. 9.56.060 Time of Solicitation 9.56.070 Place of Solicitation 9.56.080 Penalty for pedestrian interference, coercive solicitation, or any violation of the time and/or place of solicitation restrictions. 9.56.090 Unlawful camping. 9.56.100 Storage of personal property in public places. 9.56.110 Penalty for camping violations. 9.56.120 Parked recreational vehicles exempt. 9.56.130 Permit. ORDINANCE NO. 2014-XXX 2 9.56.010 Findings. Consistent with the findings of other Washington State Cities, the city council finds that it is important to the general welfare of the citizens and residents of the city to protect and preserve the public safety of pedestrians and to insure the safe and efficient movement of pedestrian and vehicular traffic in public places. The city council further finds that public places as defined in this section serve the primary purpose of enabling pedestrian and vehicular traffic to safely and efficiently mover about from place to place and that public places have become increasingly congested and should be maintained to serve their primary purpose. Arlington, as well as other cities in Washington, has experienced an increase in the number of incidents of aggressive solicitation by individuals towards pedestrians and vehicular traffic and that such interference in public places deteriorates from the primary purpose and threatens public health, safety and welfare. The city has a compelling interest in protecting its citizens from threatening, intimidating or harassing behavior caused by aggressive solicitations, in preserving the quality of life and in protecting and preserving public health, safety and welfare while discouraging the use of public parks as temporary living quarters. 9.56.020 Definitions. The following definitions apply in this chapter: (1) “Coercive solicitation” means to solicit with the intent to intimidate or coerce another person into giving money or goods. (2) “Solicit” means to ask for money or goods as a charity, whether by words, bodily gestures, signs, or other means. (3) “Camp” means to pitch or occupy camp facilities, to use camp paraphernalia. (4) “Camp facilities” include, but are not limited to, tents, huts or temporary shelters. (5) “Camp paraphernalia” includes, but is not limited to, tarpaulins, cots, beds, sleeping bags, hammocks or non-city designated cooking facilities and similar equipment. (6) “Coerce” or “coercive” means to do any of the following with intent: (a) To approach, speak or gesture to a person in such a manner as would cause a reasonable person to believe that the person is being threatened with a commission of a criminal act upon the person, another person or property in the person’s possession; or (b) To approach within one foot of a person for the purpose of making a solicitation without obtaining said person’s initial consent; or (c) To persist in a solicitation after the person solicited has given a negative response; or (d) To impede the passage of a person, pedestrian traffic, a vehicle or vehicular traffic while making a solicitation including, but not limited to, public places adjacent to any public roadway where the solicitation is directed or intended to attract the attention of the occupant of any vehicle stopped or traveling on the roadway, unless said vehicle is legally parked; or (e) To engage in conduct that would reasonably be construed as intended to compel or force a person being solicited to accede to demands; or (f) To make any false or misleading representation in the course of making a solicitation. (g) Soliciting in a manner that exploits children. (h) Solicit under the influence of alcohol and or controlled substances. (7) “Intimidate” means to engage in conduct which would make a reasonable person fearful or feel compelled. ORDINANCE NO. 2014-XXX 3 (8) “Obstruct pedestrian or vehicular traffic” means to walk, stand, sit, lie, or place an object in such a manner as to block passage by another person or a vehicle, or to require another person or a driver of a vehicle to take evasive action to avoid physical contact. Acts authorized as an exercise of one’s constitutional right to picket or to legally protest, and acts authorized by a permit issued pursuant to Chapter 5.44 of the Arlington Municipal Code, shall not constitute obstruction of pedestrian or vehicular traffic. (9) “Park” means those areas subject to the executive and administrative responsibility of the city parks, arts and recreation commission established by Chapter 2.40 of the Arlington Municipal Code. (10) “Public place” means an area generally visible to public view and includes alleys, bridges, buildings, driveways, parking lots, parks, park paths and trails, plazas, sidewalks and streets open to the general public, and rights of way open to the use of the public, including those that serve food or drink or provide entertainment, and the doorways and entrances to buildings or dwellings and the grounds enclosing them. (11) “Solicitation” for the purposes of this chapter is any means of asking, begging, requesting, or pleading made in person, orally or in a written or printed manner, directed to another person, requesting an immediate donation of money, contribution, alms, financial aid, charity, gifts of items or service of value, or the purchase of an item or service for an amount far exceeding its value, under circumstances where a reasonable person would understand that the purchase is in substance a donation. (12) “Store” means to put aside or accumulate for use when needed, to put for safekeeping, to place or leave in a location. (13) “Street” means any highway, lane, road, street, right-of-way, boulevard, alley and every way or place within Arlington open as a matter of right to public vehicular travel. (14) “Automated Teller Machine” means a machine, other than a telephone; (1) that is capable of being operated by a customer of a financial institution; (2) by which the customer may communicate with the financial institution a request to withdraw, deposit, transfer funds, make payment, or otherwise conduct financial business for the customer or for another person directly from the customer’s account or from the customer’s account under a line of credit previously authorized by the financial institution for the customer; and (3) the use of which may or may not involve personnel of a financial institution. (15) “Financial Institution” means any banking corporation, credit union, foreign exchange office. For purposes of this section, it shall also include any check cashing business. (16) “Exploit children” shall mean using children in an unethical, selfish, or abusive manner or in any other manner that gives unfair advantage. (17) “Public Transportation Facility” means a facility or designated location that is owned, operated, or maintained by a city, county, county transportation authority, public transportation benefit area, regional transit authority, or municipal corporation within the state for the purpose of facilitating bus or other public transportation. (18) “Public Transportation Vehicle” means any vehicle that is owned by a city, county, county transportation authority, public transportation benefit area, regional transit authority, or municipal corporation with the state for the purpose of facilitating bus or other public transportation. ORDINANCE NO. 2014-XXX 4 (19) “On and off ramps” refers to the areas commonly used to enter and exit public state route or interstate highway from any city roadway or overpass. 9.56.030 Pedestrian interference. A person is guilty of pedestrian interference if, in a public place, he or she intentionally: (1) Obstructs pedestrian or vehicular traffic; or (2) Coercively solicits. 9.56.040 Pedestrian interference – Exceptions The prohibitions in AMC 9.56.030 shall not apply to any person: (1) Sitting or lying down on a public sidewalk due to a medical emergency; (2) Who, as the result of a disability, utilizes a wheelchair, walker, or similar device to move about the public sidewalk; (3) Operating or patronizing a commercial establishment conducted on the public sidewalk pursuant to a street use permit; or a person participating in or attending a parade, festival, performance, rally, demonstration, meeting, or similar event conducted on the public sidewalk pursuant to a street use or other applicable permit; (4) Sitting on a chair or bench located on the public sidewalk which is supplied by a public agency; or (5) Sitting on a bench or public sidewalk within a public transportation facility. 9.56.050 Coercive solicitation – Prohibited. It shall be unlawful for a person to make coercive solicitation. 9.56.060 Time of Solicitation It shall be unlawful to make solicitation to a person, pedestrian traffic, a vehicle or vehicular traffic on public property after sunset or before sunrise. 9.56.070 Place of Solicitation It shall be unlawful to solicit at the following places: (1) Within 300 feet of an on or off ramp; (2) Within 300 feet of any roadway intersection, City Park, school zone or daycare/preschool if children are present, nursing home or assisted living facility, financial institution or automated teller machine, public transportation facility or public parking lot; (3) On private property, unless the solicitor has prior written permission from the owner or occupant; (4) On any public transportation vehicle; or (5) Within 25 feet of any occupied handicapped parking space. 9.56.080 Penalty for pedestrian interference, coercive solicitation, or any violation of the time and/or place of solicitation restrictions. Pedestrian interference is a misdemeanor. Coercive solicitation is a misdemeanor. Violation of the time and/or place of solicitation restrictions is a misdemeanor. ORDINANCE NO. 2014-XXX 5 (1) First Offense. Any person violating any of the provisions of this chapter shall, upon conviction of such violation, be punished by a fine of not more than $1,000 or by imprisonment not to exceed 90 days, or by both such fine and imprisonment. (2) Second Offense. Every person who violates any of the provisions of this chapter a second time within a five-year period shall be guilty of a misdemeanor, punishable by a fine of not more than $1,000 or by imprisonment not to exceed 90 days, or by both such fine and imprisonment. One hundred dollars of the fine and one day of imprisonment shall not be suspended or deferred. (3) Third or Subsequent Offense. Every person who violates any of the provisions of this chapter a third or more times within a five-year period shall be guilty of a misdemeanor, punishable by a fine of not more than $1,000 or by imprisonment not to exceed 90 days, or by both such fine and imprisonment. Five hundred dollars of the fine and five days’ imprisonment shall not be suspended or deferred. 9.56.090 Unlawful camping. It shall be unlawful for any person to camp, occupy camp facilities or use camp paraphernalia in the following areas, except as otherwise provided by ordinance or as permitted pursuant to AMC 9.56.130: (1) Any park; (2) Any street; (3) Any publicly owned parking lot or publicly owned area, improved or unimproved; or (4) On private property, without prior written permission from the owner or occupant. 9.56.100 Storage of personal property in public places. It shall be unlawful for any person to store personal property, including camp facilities and camp paraphernalia, in the following areas, except as otherwise provided by ordinance or as permitted pursuant to AMC 9.56.130: (1) Any park; (2) Any street; (3) Any publicly owned parking lot or publicly owned area, improved or unimproved. (4) On private property, without prior written permission from the owner or occupant. 9.56.110 Penalty for camping violations. Violation of any of the provisions of this chapter is a misdemeanor, and shall be punished as follows: (1) First Offense. Any person violating any of the provisions of this chapter shall, upon conviction of such violation, be punished by a fine of not more than $1,000 or by imprisonment not to exceed 90 days, or by both such fine and imprisonment. (2) Second Offense. Every person who violates any of the provisions of this chapter a second time within a five-year period shall be guilty of a misdemeanor, punishable by a fine of not more than $1,000 or by imprisonment not to exceed 90 days, or by both such fine and imprisonment. One hundred dollars of the fine and one day of imprisonment shall not be suspended or deferred. ORDINANCE NO. 2014-XXX 6 (3) Third or Subsequent Offense. Every person who violates any of the provisions of this chapter a third or more times within a five-year period shall be guilty of a misdemeanor, punishable by a fine of not more than $1,000 or by imprisonment not to exceed 90 days, or by both such fine and imprisonment. Five hundred dollars of the fine and five days’ imprisonment shall not be suspended or deferred. 9.56.120 Parked recreational vehicles exempt. The provisions of AMC sections 9.56.090 through 9.56.100 shall not apply to recreational vehicles parked on any residential street for a period of not greater than 24 hours. For purposes of this chapter, “recreational vehicle” means a travel trailer, motor home, truck camper, or camping trailer that is primarily designed and used as temporary living quarters, is either self- propelled or mounted on or drawn by another vehicle, is transient, is not occupied as a primary residence, and is not immobilized or permanently affixed to a mobile home lot; provided, that recreational vehicles not owned by the owner or tenant of real property may park on the real property of another for a period not exceeding 14 consecutive days in a one-year period. 9.56.130 Permit. (1) The chief of police or his or her designee is authorized to permit persons to camp, occupy camp facilities, use camp paraphernalia, or store personal property in parks, streets, or any publicly owned parking lot or publicly owned area, improved or unimproved, in the city of Arlington. (2) The chief of police or his or her designee shall approve a permit as provided under this section when, from a consideration of the application and from such other information as may otherwise be obtained, the chief or his or her designee finds that: (a) Adequate sanitary facilities are provided and accessible at or near the camp site; (b) Adequate trash receptacles and trash collection is to be provided; (c) The camping activity will not unreasonably disturb or interfere with the peace, comfort and repose of private property owners; and (d) The camping activity is not reasonably likely to cause injury to persons or property, to provoke disorderly conduct or create a disturbance. (3) The chief of police or his or her designee is authorized to promulgate rules and regulations regarding the implementation and enforcement of this chapter. (4) No permit shall be issued for a period of time in excess of seven calendar days. (5) Any person denied a permit may appeal the denial to city council. Notice of appeal must be in writing, and filed with the city clerk within seven calendar days from the date notice of the denial is received. Section 3. Severability. If any provision, section, or part of this ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. ORDINANCE NO. 2014-XXX 7 Section 4. Effective Date. This ordinance shall be effective five days from its adoption and publication as required by law. PASSED BY the City Council and APPROVED by the Mayor this _____ day of _______________, 2014. CITY OF ARLINGTON Barbara Tolbert, Mayor Attest: Kristin Banfield, City Clerk Approved as to form: Steven J. Peiffle City Attorney