HomeMy WebLinkAboutOrdinance No. 2020-012 An Ordinance of the City of Arlington, Washington, relating to contracting indebtedness providing for the issuance, sale and delivery of a not to exceed $5,500,000.pdf CITY OF ARLINGTON, WASHINGTON
ORDINANCE NO. 2020-012
AN ORDINANCE of the City of Arlington, Washington, relating to
contracting indebtedness; providing for the issuance, sale and delivery of a not to
exceed$5,500,000 aggregate principal amount limited tax general obligation bond
to provide funds to fund a new fire station, police impound facility and/or
maintenance and operations facility and to pay the costs of issuance and sale of
the bond; fixing or setting parameters with respect to certain terms and covenants
of the bond; appointing the City's designated representative to approve the final
terms of the sale of the bond; and providing for other related matters.
Passed June 1, 2020
This document prepared by:
Foster Garvey P.C.
1111 Third Avenue, Suite 3000
Seattle, Washington 98101
(206) 447-4400
FG:53668676.4
TABLE OF CONTENTS*
Page
Section1. Definitions ...............................................................................................................1
Section 2. Findings and Determinations...................................................................................2
Section 3. Authorization of the Bond.......................................................................................3
Section 4. Description of the Bond; Appointment of Designated Representative ...................3
Section 5. Bond Registrar; Registration and Transfer of the Bond..........................................4
I
Section 6. Form and Execution of the Bond.............................................................................5
Section 7. Payment of the Bond ...............................................................................................5
Section 8. Funds and Accounts; Deposit of Proceeds ..............................................................5
Section9. Prepayment..............................................................................................................6
Section 10. Failure To Pay the Bond..........................................................................................6
Section11. Pledge of Taxes........................................................................................................6
Section 12. Tax Covenants; Designation of the Bond as a"Qualified Tax Exempt
Obligation" ..............................................................................................................7
Section 13. Refunding or Defeasance of the Bond.....................................................................7
Section 14. Sale and Delivery of the Bond.................................................................................8
Section 15. Reporting Requirements..........................................................................................8
Section 16. Supplemental and Amendatory Ordinances ............................................................9
Section 17. General Authorization and Ratification...................................................................9
Section18. Severability..............................................................................................................9
Section 19. Effective Date of Ordinance....................................................................................9
*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.
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CITY OF ARLINGTON, WASHINGTON
ORDINANCE NO.
AN ORDINANCE of the City of Arlington, Washington, relating to
contracting indebtedness; providing for the issuance, sale and delivery of a not to
exceed$5,500,000 aggregate principal amount limited tax general obligation bond
to provide funds to fund a new fire station, police impound facility and/or
maintenance and operations facility and to pay the costs of issuance and sale of
the bond; fixing or setting parameters with respect to certain terms and covenants
of the bond; appointing the City's designated representative to approve the final
terms of the sale of the bond; 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) "Beneficial Owner" means, with respect to a Bond, the owner of any beneficial
interest in that Bond.
(b) "Bond" means the bond issued pursuant to and for the purposes provided in this
ordinance.
(c) "Bond Counsel" means the firm of Foster Garvey P.C., 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.
(d) "Bond Account" means the Limited Tax General Obligation Bond Account, 2020,
of the City created for the payment of the principal of, redemption premium, if any, and interest
on the Bond.
(e) "Bond Register" means the books or records maintained by the Bond Registrar for
the purpose of identifying ownership of the Bond.
(f) "Bond Registrar"means the City's Finance Director or any successor bond registrar
selected for the Bond.
(g) "City" means the City of Arlington, Washington, a municipal corporation duly
organized and existing under the laws of the State.
(h) "City Council" means the legislative authority of the City, as duly and regularly
constituted from time to time.
(i) "Code" means the United States Internal Revenue Code of 1986, as amended, and
applicable rules and regulations promulgated thereunder.
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(j) "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).
(k) "Final Terms" means the terms and conditions for the sale of the Bond including
the amount, date or dates, denominations, interest rate or rates (or mechanism for determining
interest rate or rates), payment dates, final maturity, prepayment terms, price, and other terms or
covenants.
(1) "Government Obligations" has the meaning given in RCW 39.53.010, as now in
effect or as may hereafter be amended.
(m) "Issue Date" means, with respect to the Bond, the date of initial issuance and
delivery of the Bond to the Lender in exchange for the purchase price of the Bond.
(n) "Lender" means Sterling National Bank, or the corporation, firm, association,
partnership, trust, bank, financial institution or other legal entity or group of entities selected by
the Designated Representative to serve as lender in a private placement.
(o) "Owner" means, without distinction, the Registered Owner and the Beneficial
Owner.
(p) "Project" means financing a new fire station, police impound facility and/or
maintenance and operations facility, and other capital purposes, as deemed necessary and
advisable by the City. Incidental costs incurred in connection with carrying out and accomplishing
the Project, consistent with RCW 39.46.070, may be included as costs of the Project. The Project
includes acquisition, construction and installation of all necessary furniture, equipment, apparatus,
accessories, fixtures and appurtenances.
(q) "Project Account" means the fund or account designated or created by the Finance
Director for the purpose of carrying out the Project.
(r) "Registered Owner" means, with respect to a Bond,the person in whose name that
Bond is registered on the Bond Register.
(s) "State"means the State of Washington.
Section 2. Findings and Determinations. The City takes note of the following facts
and makes the following findings and determinations:
(a) Authority and Description of Project. The City is in need of a new fire station,
police impound facility and/or maintenance and operations facility. The total expected cost of the
Project is approximately $5,500,000, which is expected to be made up of proceeds of the Bond,
and other available money of the City. The City Council therefore finds that it is in the best
interests of the City to carry out the Project.
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(b) Debt Capacity. The maximum amount of indebtedness authorized by this
ordinance is $5,500,000. 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 2020 is $3,007,053,360.
(2) As of April 1, 2020, the City had limited tax general obligation
indebtedness, consisting of bonds and notes outstanding in the principal
amount of$13,370,000, which is incurred within the limit of up to 1'/z% of
the value of the taxable property within the City permitted for general
municipal purposes without a vote.
(3) As of April 1, 2020, the City had no unlimited tax general obligation
indebtedness.
(c) The Bond. For the purpose of providing the funds necessary to carry out the Project
and to pay the costs of issuance and sale of the Bond, the City Council finds that the adoption of
this ordinance is a necessary and routine matter and is in the best interests of the City and its
taxpayers to issue and sell the Bond to the Lender, pursuant to the terms set forth in a certificate
of the Designated Representative consistent with this ordinance.
Section 3. Authorization of the Bond. The City is authorized to borrow money on the
credit of the City and issue a negotiable limited tax general obligation bond evidencing
indebtedness in aggregate principal amount not to exceed $5,500,000 to provide funds necessary
to carry out the Project, and to pay the costs of issuance and sale of the Bond. The proceeds of the
Bond allocated to paying the cost of the Project shall be deposited as set forth in Section 8 of this
ordinance and shall be used to carry out the Project, or a portion of the Project, in such order of
time as the City determines is advisable and practicable.
Section 4. Description of the Bond; Appointment of Designated Representative. The
Finance Director,or the City Administrator in the absence of the Finance Director, is appointed as
the Designated Representative of the City and is authorized and directed to conduct the sale of the
Bond in the manner and upon the terms deemed most advantageous to the City, and to approve the
Final Terms of the Bond, with such additional terms and covenants as the Designated
Representative deems advisable, within the following parameters:
(a) The Bond shall be issued as a single, fully registered bond in the amount of not to
exceed $5,500,000.
(b) The 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 Bond. No rate of interest for the Bond may exceed 2.835%, other than an
adjustment that may occur upon a determination of taxability.
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(c) Interest shall be payable at the rates and on such dates as are acceptable to the
Designated Representative. Principal payments shall commence on a payment date acceptable to
the Designated Representative and must be payable at maturity or in installments on such dates as
are acceptable to the Designated Representative.
(d) The purchase price for the Bond may be in an amount as is acceptable to the
Designated Representative.
(e) The Bond may be subject to prepayment prior to its maturity date, as described in
Section 9, or upon such terms as acceptable to the Designated Representative.
(f) The Bond shall be dated as of the date of its delivery, which date and time for the
issuance and delivery of the Bond is not later than December 31, 2020.
(g) The Bond shall mature no later than December 31, 2040.
In addition, the Bond 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. The Designated Representative may accept
such additional terms,conditions and covenants as she or he may determine are in the best interests
of the City, consistent with this ordinance.
In determining the final principal amount, date of the Bond, interest rates, payment dates,
redemption provisions, and maturity date for the Bond, the Designated Representative, in
consultation with other City officials and staff and advisors, shall take into account those factors
that, in her or his judgment, will result in the lowest true interest cost on the Bond to its maturity,
including, but not limited to current financial market conditions and current interest rates for
obligations comparable to the Bond.
Section 5. Bond Registrar; Registration and Transfer of the Bond.
(a) Registration o fthe Bond. The Bond shall be issued only in registered form as to
both principal and interest and the ownership of the Bond shall be recorded on the Bond Register.
(b) Bond Registrar; Duties. The City Finance Director 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 Bond, 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 the Bond if transferred or
exchanged in accordance with the provisions of the Bond and this ordinance,to serve as the City's
paying agent for the Bond 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 the Bond. The Bond Registrar may become the 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 the Owner.
(c) Bond Register; Transfer o1.Bond. The Bond Register shall contain the name and
mailing address of the Owner and the principal amount and number of the Bond held by the Owner.
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The 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.
Section 6. Form and Execution of the Bond.
(a) Form of the Bond; Signatures and Seal. The Bond shall be prepared in a form
consistent with the provisions of this ordinance and State law. The 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 her or his 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. The 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 she
or he 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 Bond, 2020, described in the Bond Ordinance." 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 the Bond. Principal of, redemption premium, if any, and
interest on the Bond shall be payable in lawful money of the United States of America. Principal
of, redemption premium, if any, and interest on the Bond 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 Owner at the address appearing on the Bond Register on the Record Date. The City
shall be required to make electronic transfers pursuant to a request by an Owner in writing received
on or prior to the Record Date, which transfers shall be made at the expense of the City. The final
payment of principal of the Bond is payable upon presentation and surrender of the Bond by the
Owner to the Bond Registrar, and the Owner shall have no obligation to surrender the Bond as a
condition to the payment of any installment of principal other than the final installment. The Bond
is not subject to acceleration under any circumstances.
Section 8. Funds and Accounts; Deposit of Proceeds.
(a) Bond Account. The Bond Account is created as a special account of the City for
the sole purpose of paying principal of, redemption premium, if any, and interest on the Bond.
Bond proceeds in excess of the amounts needed to pay the costs of the Project and the costs of
issuance, if any, shall be deposited into the Bond Account. All amounts allocated to the payment
of the principal of, redemption premium; if any, and interest on the Bond shall be deposited in the
Bond Account as necessary for the timely payment of amounts due with respect to the Bond. The
principal of, redemption premium, if any, and interest on the Bond shall be paid out of the Bond
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Account. Until needed 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.
(b) Project Account. The Project Account has been previously created as an account
of the City for the purpose of paying the costs of the Project. Proceeds received from the sale and
delivery of the Bond shall be deposited into the Project Account and used to pay the costs of the
Project and costs of issuance of the Bond. Until needed to pay such costs, the City may invest
those proceeds temporarily in any legal investment, and the investment earnings shall be retained
in the Project Account and used for the purposes of that account, except that earnings subject to a
federal tax or rebate requirement (if applicable) may be withdrawn from the Project Account and
used for those tax or rebate purposes.
Section 9. Prepayment. The City reserves the right to prepay principal of the Bond in
advance of its maturity date, in whole or in part, at any time, with a prepayment penalty as
described in the following table.
Prepayment Period Prepayment Premium
Issue Date—December 1, 2023 102%
December 2, 2023 —December 1, 2025 101
December 2, 2025 —and thereafter 100
The City will notify the Bank at least 30 days in advance of its intent to prepay. Any partial
prepayment of the Bond shall be applied in inverse order of principal installments coming due.
Section 10. Failure To Pay the Bond. If the principal of the Bond is not paid when the
Bond is properly presented at its maturity or date fixed for prepayment,the City shall be obligated
to pay interest on the Bond at the same rate provided in the Bond from and after its maturity or
date fixed for prepayment until the 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 Bond constitutes a general indebtedness of the City
and is 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, redemption premium, if any, and interest on
the Bond. For as long as the Bond is 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
other money that is lawfully available,to pay principal of,redemption premium,if any,and interest
on the Bond 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, redemption premium, if any, and interest
on the Bond and such pledge shall be enforceable in mandamus against the City.
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Section 12. Tax Covenants, Designation of the Bond as a "Qualified Tax Exempt
Obligation."
(a) Preservation of Tax Exemption for Interest on the Bond. The City covenants that
it will take all actions necessary to prevent interest on the Bond 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 Bond or other funds of the City treated as proceeds of the Bond that will
cause interest on the Bond 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 of
the Code are applicable to the Bond,take all actions necessary to comply(or to be treated as having
complied) with those requirements in connection with the Bond. If the Bond is determined to be
taxable, such event of taxability shall immediately increase the interest rate on the Bond.
(b) Post-Issuance Compliance. The Finance Director is authorized and directed to
review and update 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 Bond from being included in gross income for federal tax
purposes.
(c) Designation of the Bond as a "Qualified Tax-Exempt Obligation." The Bond 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 Bond does not constitute a "private activity bond" 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 Bond
is issued will not exceed $10,000,000; and
(3) the amount of tax-exempt obligations, including the Bond, 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 Bond
is issued does not exceed $10,000,000.
Section 13. Refunding or Defeasance of the Bond. 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,redemption premium,
if any, and interest on any or all of the Bond (the "defeased Bond"); (b)redeeming the defeased
Bond prior to its 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 Bond in
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accordance with its terms, then all right and interest of the Owner of the defeased Bond in the
covenants of this ordinance and in the funds and accounts obligated to the payment of the defeased
Bond shall cease and become void. Thereafter, the Owner of the defeased Bond shall have the
right to receive payment of the principal of, redemption premium, if any, and interest on the
defeased Bond solely from the trust account and the defeased Bond 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 Bond to any
lawful purpose.
Unless otherwise specified by the City in a refunding or defeasance plan, notice of
refunding or defeasance shall be given, and the amount of the Bond for any partial refunding or
defeasance shall be conducted, in the manner prescribed in this ordinance for the prepayment of
Bond.
Section 14. Sale and Delivery of the Bond. The Designated Representative is
authorized to accept the purchase offer of the Lender, 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 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. A certificate of the Designated
Representative shall set forth the Final Terms, and the terms provided therein shall be consistent
with the terms of this ordinance. The City is authorized to pay the fees and expenses of the Lender
and its counsel set forth in the purchase offer. The Bond will be prepared at City expense and will
be delivered to the Lender in accordance with the purchase offer,together with the approving legal
opinion of Bond Counsel regarding the Bond, and such other agreements, documents and
instruments as the Lender may reasonably require in connection with its purchase of the Bond.
Section 15. Reporting Requirements. While the Bond is outstanding, the City shall
submit to the Registered Owner of the Bond (a) current audited financial statements in reasonable
detail, with supporting schedules (the "Audit") as soon as practicable after the City's acceptance
thereof and in any case within 360 days after the end of each fiscal year,which may be in electronic
.PDF format. In the event the Audit is filed on the MSRB's "EMMA" website, to satisfy this
requirement the City may email a link to the posted Audit to the Registered Owner within such
360-day period. So long as the Lender is the Registered Owner of the Bond, the electronic audit
or EMMA link may be sent to the following email address (or such other address as the Lender
supplies to the City in writing): Public_Finance_Servicing@snbcloud.onmicrosoft.com, and(b) at
the request of the Registered Owner of the Bond, the City's annual budget as submitted or
approved. The City further agrees that it will permit the Registered Owner or its agents and
representatives to inspect the City's books and records and make extracts therefrom at its own
expense during regular business hours and in a manner which will not disrupt the normal business
routine of the City. The City shall furnish to the Registered Owner such other financial information
as it may reasonably request. In the event that the Audit is not available within 360 days of fiscal
year end, the City will furnish unaudited financial statements to the Registered Owner in the
manner described in this paragraph within such period,and will then supply the Audit immediately
upon the availability thereof.
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In connection with the City's compliance with any continuing disclosure undertakings
(each, a "Continuing Disclosure Agreement") entered into by the City on and after February 27,
2019, pursuant to SEC Rule 15c2-12 promulgated pursuant to the Securities and Exchange Act of
1934,as amended(the"Rule"),the Lender acknowledges that the City may be required to file with
the Municipal Securities Rulemaking Board's Electronic Municipal Market Access system, or,its
successor("EMMA"),notice that the City has incurred obligations hereunder and notice of certain
subsequent events reflecting financial difficulties in connection with the Bond. The City agrees
that it shall not file or submit, or permit to be filed or submitted, with EMMA any documentation
that includes the following unredacted sensitive or confidential information about the Lender or
its affiliates: address and account information of the Lender or its affiliate, e-mail addresses,
telephone numbers, fax numbers, names and signatures of officers, employees and signatories of
the Lender or its affiliates, unless otherwise required for compliance with the Rule or otherwise
required by law. The City acknowledges that the Lender is not responsible for the District's
compliance or noncompliance with the Rule or any Continuing Disclosure Agreement. Such
information, however, may be public records under Washington law and subject to disclosure.
Section 16. 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
Owner of the Bond:
(a) To add covenants and agreements that do not materially adversely affect the
interests of Owner, 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 Owner of the Bond.
Section 17. General Authorization and Ratification. The Mayor, City Administrator,
Finance Director, City Clerk 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 everything
necessary for the prompt delivery of the Bond to the Lender thereof and for the proper application,
use and investment of the proceeds of the Bond. 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 18. 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 19. Effective Date of Ordinance. This ordinance shall take effect and be in
force from and after its passage and five days following its publication as required by law.
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PASSED by the City Council and APPROVED by the Mayor of the City of Arlington,
Washington, at an open public meeting thereof, this 15t day of June, 2020.
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
Cit Attorv(-T It'Or
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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. 2020-012 (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 June 1, 2020, as that ordinance appears on the minute book
of the City.
2. That in accordance with Proclamation 20-28 made by the Governor of the State of
Washington on March 24, 2020, as extended by Proclamations 20-28.1 and 20-28.2 and acts of
the legislative leadership of the State of Washington, (a) such meeting was not conducted in
person, (b) one or more options were provided for the public to attend the such meeting remotely,
including by telephone access, which mean(s) of access provided the ability for all persons
attending the meeting remotely to hear each other at the same time, and (c) passage of the
Ordinance is necessary and routine action of the City Council of the City; and
3. The Ordinance will be in full force and effect five days after publication in the
City's official newspaper, which publication date is June 4, 2020,
4. 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.
5. That all other requirements and proceedings incident to the proper adoption of the
Ordinance have been duly fulfilled, carried out and otherwise observed, and that I am authorized
to execute this Certificate.
Dated: June 2, 2020.
CITY OF ARLINGTON, W SHINGTON
-�(.. e
City Clerk
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