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HomeMy WebLinkAbout2005-063 Limited Tax General Obligation Bonds / Park Improvement ORDINANCE NO 2005 - 63 AN ORDINANCE of the City of Yakima, Washington, providing for the issuance of limited tax general obligation bonds of the City in the principal sum of not to exceed $825,000 to finance park improvements and providing the form and terms of the bonds. WHEREAS, the City Council of the City of Yakima, Washington (the "City ") has determined that it is in the best interest of the City to make various park improvements, and WHEREAS, in order to provide a portion of the funds required for such purpose, the City now desires to authorize the issuance of limited tax levy general obligation bonds in the principal amount of not to exceed $825,000, NOW, THEREFORE, BE IT ORDAINED BY the City of Yakima, Washington, as follows SECTION 1 Definitions. As used in this ordinance, the following words shall have the following meanings, unless a different meaning clearly appears from the context: "Arbitrage and Tax Certification" means the certificate executed by the Director of Finance and Budget or her designee setting forth the requirements of the Code for maintaining the tax - exemption of interest on the Bonds. "Bond Register" means the registration records for the Bonds maintained by the Bond Registrar "Bond Registrar" means the fiscal agency of the State of Washington, currently in New York, New York, for the purposes of registering and authenticating the Bonds, maintaining the Bond Register, effecting transfer of ownership of the Bonds and paying principal of and interest on the Bonds. "Bonds" means the not to exceed $825,000 principal amount of the City of Yakima, Washington, Limited Tax General Obligation Bonds, 2005, issued pursuant to this ordinance "CEDE & Co " means the nominee of The Depository Trust Company "City" means the City of Yakima, Washington, a municipal corporation duly organized and existing under and by virtue of the Constitution and laws of the State of Washington. 'City Council" means the legislative authority of the City as the same shall be duly and regularly constituted from time to time "Code" means the Internal Revenue Code of 1986, as amended, together with corresponding and applicable final, temporary or proposed regulations and revenue rulings issued or amended with respect thereto by the United States Treasury Department of the Internal Revenue Service, to the extent applicable to the Bonds. "Debt Service Fund" means the "LTGO Parks Debt Service Fund, 2005" authorized to be created by Section 6 "DTC" means The Depository Trust Company of New York, as depository for the Bonds, or any successor or substitute depository for the Bonds. "Letter of Representations" means the Blanket Letter of Representations from the City to DTC "Project" means various park capital improvements, including construction of a new softball field at Kiwanis Park and other developments at the park, construction of water playgrounds and a feasibility study of a regional aquatics center, or other Parks Capital projects as may be authorized by the Council. -2- P \NMN \NMN2N3 10/27/05 "Registered Owner" means the person in whose name a Bond is registered on the Bond Register For so long as the City utilizes the book -entry system for the Bonds, DTC shall be deemed to be the Registered Owner "Rule" means the Securities and Exchange Commission's Rule 15c2 -12 under the Securities Exchange Act of 1934 "Sale Resolution" means the resolution to be adopted by the City Council setting the final terms of the Bonds. SECTION 2 Findings and Authorization of Project. The City Council hereby finds that it is in the public interest for the City to undertake various park improvements (the "Project ") The cost of the Project will be financed from the proceeds of sale of the Bonds. If the City Council shall determine that it has become impractical to acquire any portion of the Project by reason of changed conditions, the City shall not be required to acquire such portions of the Project. If the entire Project has been acquired or constructed or duly provided for, or found to be impractical, the City Council may apply the Bond proceeds or any portion thereof to the redemption of the Bonds or to other park capital purposes as the City Council, in its discretion, shall determine SECTION 3 Authorization of Bonds. The City shall issue and sell the Bonds in the aggregate principal amount of not to exceed $825,000 to provide money to finance the Project described in Section 2, including reimbursing the City for predevelopment costs related to the Project, to pay all costs incidental thereto and to the issuance of the Bonds The Bonds shall be general obligations of the City; shall be designated "City of Yakima, Washington, Limited Tax General Obligation Bonds, 2005 ", shall be dated as provided in the Sale Resolution, shall be issued in fully registered form' in 'the denomination of $5,000 or any integral multiple thereof, -3- P \NMN \NMN2N3 10/27/05 provided that no Bond shall represent more than one maturity; shall be numbered separately and in such manner and with any additional designation as the Bond Registrar deems necessary for purposes of identification and control, shall bear interest (calculated based on a 360 -day year of 12 30 -day months) at the rates set forth in the Sale Resolution from their date, until the Bonds have been paid or their payment duly provided for, payable on June 1, 2006, and semiannually thereafter on the first day of each December and June and shall mature on December 1 of the years and in the amounts set forth in the Sale Resolution. SECTION 4 Registration, Exchange and Payments. (a) Registrar /Bond Register The City hereby adopts the system of registration approved by the Washington State Finance Committee, which utilizes the fiscal agency of the State of Washington in New York, New York, as registrar, authenticating agent, paying agent and transfer agent (the "Bond Registrar ") The Bond Registrar shall keep, or cause to be kept, at its principal corporate trust office, sufficient records for the registration and transfer of the Bonds (the "Bond Register "), which shall be open to inspection by the City The Bond Registrar is authorized, on behalf of the City, to authenticate and deliver Bonds transferred or exchanged in accordance with the provisions of such Bonds and this ordinance and to carry out all of the Bond Registrar's powers and duties under this ordinance The Bond Registrar shall be responsible for its representations contained in the Certificate of Authentication on the Bonds. (b) Registered Ownership The City and the Bond Registrar may deem and treat the Registered Owner of each Bond as the absolute owner for all purposes, and neither the City nor the Bond Registrar shall be affected by any notice to the contrary Payment of any such Bond shall be made only as described in Section 3(h) hereof, but such registration may be transferred as herein provided. All such payments made as described in Section 3(h) shall be -4- P' \NMN \NMN2N3 10/27/05 valid and shall satisfy the liability of the City upon such Bond to the extent of the amount or amounts so paid. (c) DTC Acceptance /Letter of Representations The Bonds shall initially be held in fully immobilized form by DTC acting as depository To induce DTC to accept the Bonds as eligible for deposit at DTC, the City has heretofore executed and delivered to DTC a Blanket Issuer Letter of Representations (the "Letter of Representations ") Neither the City nor the Bond Registrar will have any responsibility or obligation to DTC participants or the persons for whom they act as nominees with respect to the Bonds for the accuracy of any records maintained by DTC or any DTC participant, the payment by DTC or any DTC participant of any amount in respect of the principal of or interest on Bonds, any notice that is permitted or required to be given to Registered Owners under this ordinance (except such notices as shall be required to be given by the City to the Bond Registrar or to DTC), the selection by DTC or any DTC participant of any person to receive payment in the event of a partial redemption of the Bonds, or any consent given or other action taken by DTC as the Registered Owner For so long as any Bonds are held in fully immobilized form hereunder, DTC or its successor depository shall be deemed to be the Registered Owner for all purposes, and all references in this ordinance to the Registered Owners shall mean DTC or its nominee and shall not mean the owners of any beneficial interest in any Bonds. (d) Use of Depository (1) The Bonds shall be registered initially in the name of CEDE & Co., as nominee of DTC, with a single Bond for each maturity in a denomination equal to the total principal amount of such maturity Registered ownership of such immobilized Bonds, or any portions thereof, may not thereafter be transferred except (A) to any successor of DTC or its -5- P' \NMN \N M N2N3 10/27/05 nominee, provided that any such successor shall be qualified under any applicable laws to provide the service proposed to be provided by it, (B) to any substitute depository appointed by the City pursuant to subsection (ii) below or such substitute depository's successor; or (C) to any person as provided in subsection (iv) below (ii) Upon the resignation of DTC or its successor (or any substitute depository or its successor) from its functions as depository or a determination by the City to discontinue the system of book entry transfers through DTC or its successor (or any substitute depository or its successor), the City may appoint a substitute depository Any such substitute depository shall be qualified under any applicable laws to provide the services proposed to be provided by it. (in) In the case of any transfer pursuant to clause (A) or (B) of subsection (i) above, the Bond Registrar shall, upon receipt of all outstanding Bonds, together with a written request on behalf of the City, issue a single new Bond for each maturity then outstanding, registered in the name of such successor or substitute depository, or its nominee, all as specified in such written request of the City (iv) In the event that (A) DTC or its successor (or substitute depository or its successor) resigns from its functions as depository, and no substitute depository can be obtained, or (B) the City determines that it is in the best interest of the beneficial owners of the Bonds that the Bonds be provided in certificated form, the ownership of such Bonds may then be transferred to any person or entity as herein provided, and shall no longer be held in fully immobilized form. The City shall deliver a written request to the Bond Registrar, together with a supply of definitive Bonds in certificated form, to issue Bonds in any authorized denomination. Upon receipt by the Bond Registrar of all then outstanding Bonds, together with a written request -6- P \NMN \NMN2N3 10/27/05 on behalf of the City to the Bond Registrar, new Bonds shall be issued in the appropriate denominations and registered in the names of such persons as are provided in such written request. (e) Transfer or Exchange of Registered Ownership, Change in Denominations The registered ownership of any Bond may be transferred or exchanged, but no transfer of any Bond shall be valid unless it is surrendered to the Bond Registrar with the assignment form appearing on such Bond duly executed by the Registered Owner or such Registered Owner's duly authorized agent in a manner satisfactory to the Bond Registrar Upon such surrender, the Bond Registrar shall cancel the surrendered Bond and shall authenticate and deliver, without charge to the Registered Owner or transferee, a new Bond (or Bonds at the option of the new Registered Owner) of the same series, date, maturity and interest rate and for the same aggregate principal amount in any authorized denomination, naming as Registered Owner the person or persons listed as the assignee on the assignment form appearing on the surrendered Bond, in exchange for such surrendered and canceled Bond. Any Bond may be surrendered to the Bond Registrar and exchanged, without charge, for an equal aggregate principal amount of Bonds of the same series, date, maturity and interest rate, in any authorized denomination. The Bond Registrar shall not be obligated to transfer or exchange any Bond during a period beginning at the opening of business on the 15th day of the month next preceding any interest payment date and ending at the close of business on such interest payment date, or, in the case of any proposed redemption of the Bonds, after the mailing of notice of the call of such Bonds for redemption. (f) Bond Registrar's Ownership of Bonds The Bond Registrar may become the Registered Owner of any Bond with the same rights it would have if it were not the Bond -7- - P' \NMN \NMN2N3 10/27/05 Registrar, and to the extent permitted by law, may act as depository for and permit any of its officers or directors to act as member of, or in any other capacity with respect to, any committee formed to protect the rights of the Registered Owners of the Bonds. (g) Registration Covenant The City covenants that, until all Bonds have been surrendered and canceled, it will maintain a system for recording the ownership of each Bond that complies with the provisions of Section 149 of the Code (h) Place and Medium of Payment Both principal of and interest on the Bonds shall be payable in lawful money of the United States of America. For so long as all Bonds are in fully immobilized form, payments of principal and interest shall be made as provided in accordance with the operational arrangements of DTC referred to in the Letter of Representations. In the event that the Bonds are no longer in fully immobilized form, interest on the Bonds shall be paid by check or draft mailed to the Registered Owners at the addresses for such Registered Owners appearing on the Bond Register on the 15th day of the month preceding the interest payment date, and principal of the Bonds shall be payable upon presentation and surrender of such Bonds by the Registered Owners at the principal office of the Bond Registrar SECTION 5 Redemption and Purchase (a) No Optional Redemption. Unless otherwise provided in the Sale Resolution, the Bonds are not subject to redemption prior to their stated maturities. (b) Purchase on Open Market The City reserves the right to purchase any of the Bonds in the open market at any time and at any price SECTION 6 Creation of Debt Service Fund and Provision for Tax Levy Payments. A special fund of the City known as the "LTGO Parks Debt Service Fund, 2005" (the "Debt -8- P \NMN \NMN2N3 10/27/05 Service Fund "), is hereby authorized to be created. The Debt Service Fund shall be drawn upon for the sole purpose of paying the principal of and interest on the Bonds The City hereby irrevocably covenants and agrees for as long as any of the Bonds are outstanding and unpaid that each year it will include in its budget and levy ad valorem taxes upon all the property within the City subject to taxation in an amount that will be sufficient, together with all other revenues and 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 City hereby irrevocably pledges that the annual tax provided for herein to be levied for the payment of such principal and interest shall be within and as a part of the tax levy permitted to cities without a vote of the people, and that a sufficient portion of each annual levy to be levied and collected by the City prior to the full payment of the principal of and interest on the Bonds will be and is hereby irrevocably set aside, pledged and appropriated for the payment of the principal of and interest on the Bonds to the extent that other legally available funds are not deposited into the Debt Service Fund. The full faith, credit and resources of the City are hereby irrevocably pledged for the annual levy and collection of the taxes and for the prompt payment of the principal of and interest on the Bonds as the same shall become due. SECTION 7 Bonds Deemed To Be No Longer Outstanding. In the event that the City, in order to effect the payment, retirement or redemption of any Bond, sets aside in the Debt Service Fund or in another special account, held in trust by a trustee, cash or noncallable government obligations, as such obligations are now or hereafter defined in RCW 39 53, or any combination of cash and /or noncallable government obligations, in amounts and maturities which, together with the known earned income therefrom, are sufficient to redeem or pay and retire such Bond in accordance with its terms and to pay when due the interest and redemption -9- P \NMN \NMN2N3 10/27/05 premium, if any, thereon, and such cash and /or noncallable government obligations are irrevocably set aside and pledged for such purpose, then no further payments need be made into the Debt Service Fund for the payment of the principal of and interest on such Bond. The owner of a Bond so provided for shall cease to be entitled to any lien, benefit or security of this ordinance except the right to receive payment of principal, premium, if any, and interest from such special fund, and such Bond shall be deemed to be not outstanding under this ordinance SECTION 8 Tax Covenant; Special Designation. The City covenants to undertake all actions required to maintain the tax - exempt status of interest on the Bonds under Section 103 of the Code as set forth in the Arbitrage and Tax Certification that will be executed at the closing of the Bonds. The City hereby designates the Bonds as "qualified tax - exempt obligations" under Section 265(b)(3) of the Code for banks, thrift institutions and other financial institutions. SECTION 9 Lost or Destroyed Bonds. If any Bonds are lost, stolen or destroyed, the Bond Registrar may authenticate and deliver a new Bond or Bonds of like amount, maturity and tenor to the Registered Owner upon the owner paying the expenses and charges of the Bond Registrar and the City in connection with preparation and authentication of the replacement Bond or Bonds and upon his or her filing with the Bond Registrar and the City evidence satisfactory to both that such Bond or Bonds were actually lost, stolen or destroyed and of his or her ownership, and upon furmshmg the City and the Bond Registrar with indemnity satisfactory to both. -10- P \NMN \NMN2N3 10/27/05 SECTION 10 Form of the Bonds. The Bonds shall be in substantially the following form. [STATEMENT OF INSURANCE] UNITED STATES OF AMERICA NO $ STATE OF WASHINGTON CITY OF YAKIMA LIMITED TAX GENERAL OBLIGATION BOND, 2005 INTEREST RATE MATURITY DATE CUSIP NO REGISTERED OWNER. PRINCIPAL AMOUNT DOLLARS The City of Yakima, Washington, a municipal corporation organized and existing under the laws and Constitution of the State of Washington (the "City "), hereby acknowledges itself to owe and for value received promises to pay to the Registered Owner identified above, or registered assigns, on the Maturity Date identified above, the Principal Amount specified above, unless redeemed prior thereto as provided herein, together with interest on such Principal Amount from the date hereof or the most recent date to which interest has been paid or duly provided for at the Interest Rate set forth above payable June 1, 2006, and semiannually thereafter on each December 1 and June 1 until payment of the principal sum has been made or duly provided for Both principal of and interest on this bond are payable in lawful money of the United States of America. For so long as the bonds of this issue are held in fully immobilized form, payments of principal and interest thereon shall be made as provided in accordance with the operational arrangements of DTC referred to in the Blanket Issuer Letter of Representations from the City to The Depository Trust Company In the event that the bonds of this issue are no longer held in fully immobilized form, interest on this bond shall be paid by check or draft mailed to the Registered Owner at the address appearing on the Bond Register on the 15th day of the month preceding the interest payment date, and principal of this bond shall be payable upon presentation and surrender of this bond by the Registered Owner at the principal office of the fiscal agency of the State of Washington in New York, New York (the "Bond Registrar ") This bond is one of an issue of limited tax general obligation bonds of the City of like date and tenor, except as to number, interest rate and date of maturity, in the aggregate principal amount of $825,000, issued pursuant to Ordinance No of the City, passed November 1, 2005 and Resolution No , adopted on November 15, 2005 (together, the "Bond Ordinance "), to provide financing for the City's park improvements. -11- P \NMN \NMN2N3 10/27/05 The Bonds are not subject to redemption prior to their stated maturities. The City has designated the bonds of this issue as "qualified tax - exempt obligations" for purchase by financial institutions. The City has irrevocably covenanted with the owner of this bond that it will annually include in its budget and levy taxes, within and as a part of the tax levy permitted to cities without a vote of the electorate, upon all the property subject to taxation in amounts sufficient, together with other money legally available therefor, to pay the principal of and interest on this bond as the same shall become due The full faith, credit and resources of the City are hereby irrevocably pledged for the annual levy and collection of such taxes and the prompt payment of such principal and interest. The pledge of tax levies for payment of principal of and interest on the bonds may be discharged prior to maturity of the bonds by making provision for the payment thereof on the terms and conditions set forth in the Bond Ordinance The bonds of this issue are issued in fully registered form in the denomination of $5,000 each or any integral multiple thereof, provided that no bond shall represent more than one maturity Upon surrender to the Bond Registrar, bonds are interchangeable for bonds in any authorized denomination of an equal aggregate principal amount and of the same interest rate and maturity This bond is transferable only on the records maintained by the Bond Registrar for that purpose upon the surrender of this bond by the registered owner hereof or his /her duly authorized agent and only if endorsed in the manner provided hereon, and thereupon a new fully registered bond of like principal amount, maturity and interest rate shall be issued to the transferee in exchange therefor Such exchange or transfer shall be without cost to the registered owner or transferee The City may deem the person in whose name this bond is registered to be the absolute owner hereof for the purpose of receiving payment of the principal of and interest on this bond and for any and all other purposes whatsoever Reference is made to the Bond Ordinance as more fully describing the covenants with and the rights of Registered Owners of the bonds or registered assigns and the meanings of capitalized terms appearing on this bond which are defined in such ordinance This bond shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Bond Ordinance until the Certificate of Authentication hereon shall have been manually signed by the Bond Registrar It is hereby certified and declared that this bond is issued pursuant to and in strict compliance with the Constitution and laws of the State of Washington and ordinances of the City, that all acts, conditions and things required to be done precedent to and in the issuance of this bond and the bonds of this issue have happened, been done and performed, and that this bond and the bonds of this issue do not exceed any constitutional or statutory limitations. IN WITNESS WHEREOF, the City of Yakima, Washington, has caused this bond to be signed on behalf of the City with the manual or facsimile signature of the Mayor and to be -12- P \NMN \NMN2N3 10/27/05 attested by the manual or facsimile signature of the Clerk of the City, as of this 1 day of December, 2005 CITY OF YAKIMA, WASHINGTON By /s/ manual or facsimile Mayor ATTEST /s/ manual or facsimile Clerk of the City The Certificate of Authentication for the Bonds shall be in substantially the following form and shall appear on each Bond. CERTIFICATE OF AUTHENTICATION Date of Authentication. This bond is one of the City of Yakima, Washington, Limited Tax General Obligation Bonds, 2005, dated December 1, 2005 WASHINGTON STATE FISCAL AGENCY, as Bond Registrar By Authorized Signer SECTION 11 Execution of the Bonds. The Bonds shall be executed on behalf of the City with the manual or facsimile signature of the Mayor and attested by the manual or facsimile signature of the City Clerk. In case either or both of the officers who have signed or attested any of the Bonds cease to be such officer before such Bonds have been actually issued and delivered, such Bonds shall be valid nevertheless and may be issued by the City with the same effect as though the persons who had signed or attested such Bonds had not ceased to be such officers, and any Bond may be signed or attested on behalf of the City by officers who at the date of -13- P' \NMN \NMN2N3 10/27/05 actual execution of such Bond are the proper officers, although at the nominal date of execution of such Bond such officer was not an officer of the City Only Bonds that bear a Certificate of Authentication in the form set forth in Section 10, manually executed by the Bond Registrar, shall be valid or obligatory for any purpose or entitled to the benefits of this ordinance Such Certificate of Authentication shall be conclusive evidence that the Bonds so authenticated have been duly executed, authenticated and delivered and are entitled to the benefits of this ordinance In case either of the officers of the City who shall have executed the Bonds shall cease to be such officer or officers of the City before the Bonds so signed shall have been authenticated or delivered by the Bond Registrar, or issued by the City, such Bonds may nevertheless be authenticated, delivered and issued and upon such authentication, delivery and issuance, shall be as binding upon the City as though those who signed the same had continued to be such officers of the City Any Bond may also be signed and attested on behalf of the City by such persons as at the actual date of execution of such Bond shall be the proper officers of the City although at the original date of such Bond any such person shall not have been such officer SECTION 12 Application of Proceeds of Bonds At the time of delivery of the Bonds, the proceeds of the Bonds shall be deposited into the Parks Capital Fund (Fund 331), which is hereby authorized to be created, and used to pay or reimburse the costs of the Project described in Section 2 and all costs incidental thereto and to the issuance of the Bonds. Money remaining in the Parks Capital Fund after all of such costs have been paid or reimbursed may be used to pay costs of other legally authorized capital expenditures of the City or shall be deposited in the Debt Service Fund. Money in the Parks Capital Fund may be invested as permitted by law All interest earned and profits derived from such investments shall -14- P \NMN \NMN2N3 10/27/05 be retained in and become a part of the Parks Capital Fund or deposited into the Debt Service Fund. SECTION 13 Sale of the Bonds. The City Council shall adopt the Sale Resolution, which will set the interest rates, maturity amounts and years of the Bonds and approve the purchase contract and Official Statement for the Bonds. The Sale Resolution also may establish redemption provisions, approve bond insurance and set any other terms for the Bonds. SECTION 14 Ongoing Disclosure The City is exempt from the ongoing disclosure requirements of Securities and Exchange Commission Rule 15c2 -12 by reason of the exemption set forth in subsection (d)(i) of that rule with respect to the issuance of securities in the principal amount of $1,000,000 or less. SECTION 15 General Authorization, Ratification of Prior Acts. The Director of Finance and Budget and City Manager and other appropriate officers of the City are authorized to take any actions and to execute documents as in their judgment may be necessary or desirable in order to carry out the terms of, and complete the transactions contemplated by, this ordinance All acts taken pursuant to the authority of this ordinance but prior to its effective date are hereby ratified. SECTION 16 Severability If any provision in this ordinance is declared by any court of competent jurisdiction to be contrary to law, then such provision shall be null and void and shall be deemed separable from the remaining provisions of this ordinance and shall in no way affect the validity of the other provisions of this ordinance or of the Bonds. SECTION 17 Effective Date This ordinance shall be effective 30 days after its passage, approval and publication as provided by law -15- P' \NMN \NMN2N3 10/27/05 PASSED by the City Council of the City of Yakima at a regular meeting thereof, held this 1S day of November, 2005 CITY OF YAKIMA, WASHIN . TON 4, ,P •, Mayor ATTEST ,4 i86- City Clerk APPROVED AS TO FORM N/A City Attorney First Reading N/A Publication Date 11 4 Effective Date 12 -16- P \NMN \NMN2N3 10/27/05 CERTIFICATE I, the undersigned, Clerk of the City of Yakima, Washington (herein called the "City ") and keeper of the records of the City Council of the City (the "City Council "), DO HEREBY CERTIFY 1 That the attached ordinance is a true and correct copy of Ordinance No.2005 -63 of the City (the "Ordinance "), as finally passed at a regular meeting of the City Council held on November 1, 2005, and duly recorded in my office 2 That said meeting was duly convened and held in all respects in accordance with law, and to the extent required by law, due and proper notice of such meeting was given, that a quorum of the City Council was present throughout the meeting and a legally sufficient number of members of the City Council voted in the proper manner for the passage of said Ordinance, that all other requirements and proceedings incident to the proper adoption or passage of said Ordinance have been duly fulfilled, carried out and otherwise observed, and that I am authorized to execute this certificate DATED this November 1, 2005 City Clerk P \NMN \NMN2N3 10/27/05 PRELIMINARY OFFICIAL STATEMENT DATED , 2005 $775,000* DRAFT City of Yakima Washington _ € Limited Tax General Obligation Bonds, 2005 co = c DATED. December 1, 2005 DUE: December 1, as shown below O.`°. STANDARD & POOR'S RATING — Applied for fg.2 BANK QUALIFIED —The City has designated the Bonds as "qualified tax - exempt obligations" for purposes of section 2 265(b)(3)(B) of the Code relating to the deductibility of interest expense by certain financial institutions. See "Tax mu , Exemption" herein for a discussion of this designation. a d BOOK - ENTRY ONLY —The Bonds will be issued as fully registered bonds in denominations of $5,000, or integral multiples E thereof, and will be registered in the name of Cede & Co , as bond owner and nominee for The Depository Trust c 2 Company ( "DTC "). DTC will act as securities depository for the Bonds. Purchasers will not receive certificates c rn representing their interest in the Bonds purchased. o,5 m' 3 PRINCIPAL AND INTEREST PAYMENTS — Interest on the Bonds will be payable semiannually on each June 1 and a - E ecember 1, commencing on June 1, 2006, to maturity or earlier redemption. Principal of and interest on the Bonds will 0 m be as by the fiscal agency of the State of Washington in New York, New York, currently The Bank of New York (the 'Bond Registrar "), as further described herein. For so long as the Bonds remain in a "book -entry only" transfer i system, the fiscal agent will make such payments only to DTC, which in turn is obligated to remit such principal and a • D . interest to its Participants for subsequent disbursement to Beneficial Owners of the Bonds as further described herein in N °3-0 Appendix B — Book -Entry Transfer System. •r. a L C C U MATURITY SCHEDULE — as m Due Interest Price or Due Interest Price or c Dec 1 Amount* Rate Yield CUSIP Dec 1 Amount* Rate Yield CUSIP o 2006 $ 60,000 % 2012 $ 70,000 % a = 2007 60,000 2013 75,000 c, 3 2008 65,000 2014 80,000 Z' 2009 65,000 2015 80,000 c3 2010 65,000 2016 85,000 ai rn ro 2011 70,000 c Y as c (Plus accrued interest from the Dated Date) c c m NO OPTIONAL REDEMPTION — The Bonds are not subject to optional redemption prior to their stated maturities. c t SECURITY — The Bonds are limited tax general obligations of the City The City hereby irrevocably covenants and agrees for = as long as any of the Bonds are outstanding and unpaid that each year it will include in its budget and levy ad valorem N ° taxes upon all the property within the City subject to taxation in an amount that will be sufficient and all other revenues c , and money of the City legally available for such purposes, to pay the principal of and interest on the Bonds as the same c m shall become due. The full faith, credit and resources of the City have been pledged irrevocably for the annual levy and Y co of such taxes and the prompt payment of such principal and interest. The Bonds do not constitute a debt or m e indebtedness of the State of Washington, or any political subdivision thereof other than the City (see "Security for the : c a Bonds" herein) y TAX EXEMPTION — In the opinion of Preston Gates & Ellis LLP, Bond Counsel, assuming compliance with certain covenants of the d y City, interest on the Bonds is excluded from the gross income of the owners of the Bonds for federal income tax purposes under E c existing law Interest on the Bonds is not an item of tax preference for purposes of either individual or corporate alternative Y o minimum tax. Interest on the Bonds may be indirectly subject to corporate alternative minimum tax and certain other taxes to m imposed on certain corporations. See "Tax Exemption" herein for a discussion of the opinion of Bond Counsel. 3 m DELIVERY — The Bonds are offered for sale to the original purchaser subject to the final approving legal opinion of Preston o 2 Gates & Ellis LLP, Seattle, Washington, Bond Counsel. It is expected that the Bonds will be available for delivery to the c Bond Registrar on behalf of DTC by Fast Automated Securities Transfer, on or about December 5, 2005 o c m * Preliminary, subject to change. E> :.. This cover page contains certain information for quick reference only It is not a summary of the issue. Investors H read the entire Official Statement to N 0 a a obtain information essential to the snaking of an informed investment decision. t0 N � a 111111111 SEATTLE-NORTHWEST 2 1- 111111111 SECURITIES CORPORATION City of Yakima, Washington h&FT 129 North Second Street Yakima, Washington 98901 Phone: (509) 575 -6000 Fax: (509) 576 -6614 www.ci.yakima.wa.us* Mayor and City Council Paul P George Mayor Neil McClure Assistant Mayor Ron Bonlender Council Member Dave Edler Council Member Mary Place Council Member Bernard j Sims Council Member Susan Whitman Council Member Administrative Officials Richard A. Zais, Jr City Manager Dave Zabell Assistant City Manager Rita M Anson, CPA Director of Finance & Budget Timothy Jensen Treasury Services Officer Ray Paolella City Attorney Cindy Epperson Financial Services Manager Bond Counsel Preston Gates & Ellis LLP Seattle, Washington 206 - 623 -7580 Bond Registrar The Bank of New York New York, New York 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 the 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 change 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 the 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 has been "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 said 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 stabilizing, if commenced, may be discontinued at any time. ii Table of Contents age g Description of the Bonds 1 Principal Amount, Date, Interest Rates and Maturities 1 No Optional Redemption 1 Purchase 1 Bond Registrar and Registration Features 1 Book -Entry Bonds 1 Authorization for Issuance. 2 Purpose and Use of Proceeds 2 Purpose 2 Sources and Uses of Funds. 2 Security for the Bonds. 2 General. 2 The Parks and Recreation Fund 3 City of Yakima 3 Comparative Parks and Recreation Fund Statement of Revenues, Expenditures and Changes in Fund Balance 3 Bonded Indebtedness 4 Computation of Debt Capacity 4 Summary of Limited Tax General Obligation Bond Debt Service Requirements 6 Net Direct and Overlapping Debt 7 Debt Payment Record 7 Future Financings. 7 Taxing Authority 8 Authorized Property Tax Levies 8 The City's Property Tax Levies. 8 Overlapping Taxing Districts 9 General Property Taxes 9 Regular Property Tax Limitations 10 Assessed Value 11 Tax Collection Procedure 11 City of Yakima 12 Tax Collection Record 12 City of Yakima 12 Major Property Taxpayers. 12 Authorized Investments 12 Local Government Investment Pool 13 Authorized Investments for Bond Proceeds 13 City of Yakima 14 Comparative General Fund Statement of Revenues, Expenditures and Changes in Fund Balance 14 Comparative General Fund Balance Sheet. 15 The City 16 Key Administrative Staff 16 Labor Relations 17 Pension System 17 Risk Management. 19 Accounting Policies 20 Budgetary Process 20 Cash and Investments. 21 Auditing of City Finances 21 Demographic Information 22 Initiative and Referendum 24 State Initiatives 24 Tax Exemption. 25 Qualified Tax - Exempt Obligations 25 Rating. 25 No Continuing Disclosure Undertaking 25 Legal and Underwriting 26 Approval of Counsel. 26 Litigation 26 Official Statement 26 Underwriting 26 Concluding Statement 26 Opinion of Bond Counsel. Appendix A Book -Entry Transfer System Appendix B 2004 Annual Financial Report .Appendix C iii .1) RAFT OFFICIAL STATEMENT $775,000* City of Yakima, Washington Limited Tax General Obligation Bonds, 2005 The City of Yakima, 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 $775,000* aggregate principal amount of the above - referenced bonds (the "Bonds "), dated December 1, 2005 This Official Statement provides information concerning the City and the Bonds. Description of the Bonds Principal Amount, Date, Interest Rates and Maturities The Bonds will be issued in the aggregate principal amount of $775,000* and will be dated and bear interest from December 1, 2005 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 June 1, 2006) until the maturity or earlier redemption of the Bonds at the rates set forth on the 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 in New York, New York, currently The Bank of New York (the "Bond Registrar ") No Optional Redemption The Bonds are not subject to redemption prior to their stated maturities. Purchase The City reserves the right and option to purchase any or all of the Bonds offered to the City at any time at any price. 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 Bond Owner and as nominee for DTC. DTC will act as securities depository for the Bonds. Individual purchases and sales of the Bonds may be made in book -entry form only in minimum denominations of $5,000 within a single maturity and integral multiples thereof. 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 Bonds DTC will act as securities depository for the Bonds. The ownership of one fully registered Bond for each maturity 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. Procedure in the Event of Revisions of Book -Entry Transfer System. If DTC resigns as the securities depository and the City is unable to retain a qualified successor to DTC, or the City has determined that it is in the best * Preliminary, subject to change. 1 &IF 7 interest of the City not to continue the book -entry system of transfer or that interests of the Beneficial Owners of the Bonds might be affected adversely if the book -entry system of transfer is continued, 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 the denomination of $5,000 or any integral multiple thereof within a maturity In the event the Bonds are transferred by the City to fully registered form, the Bonds may be payable by the Bond Registrar or the State's co- fiscal agent, which is currently Wells Fargo Bank, National Association, in Seattle, Washington. Thereafter, the principal of the Bonds will be payable upon due presentment and surrender thereof at the principal office of the Bond Registrar; interest on the Bonds will be payable by check or draft mailed on the interest payment date to the owners of the Bonds at the address appearing on the Bond Register on the 15th day of the month next preceding the interest payment date, and the Bonds will be transferable as provided in the Ordinance (defined below) Authorization for Issuance Under and in accordance with State laws, the Bonds are issued pursuant to Ordinance No 2004- passed by the City Council (the "Council ") on November 1st, 2005 and Resolution No R -2004- adopted by the Council on 2005 (collectively, the "Ordinance "), and the authority of RCW chapters 39.36 and 39 46 The Bonds may be issued without a vote of the people. Purpose and Use of Proceeds Purpose The proceeds from the sale of the Bonds will be used to (i) pay for various parks capital improvements, including construction of a new softball field at Kiwanis Park and other developments at the park, (ii) pay for construction of water playgrounds and a feasibility study of a regional aquatics center; and (iii) or other parks capital projects as the Council may deem appropriate, and (iv) pay the costs of issuance of the Bonds. Sources and Uses of Funds The proceeds of the Bonds (less accrued interest) will be applied as follows: Sources of Funds Par Amount of Bonds* $ 775,000 Net Premium/ (Discount) Total Sources of Funds $ Use of Funds Funds Available for Construction $ Issuance Costs, Underwriter's Discount Total Use of Funds $ Security for the Bonds General The Bonds are limited tax general obligation bonds of the City The City, as authorized by law and an ordinance of its Council duly and regularly passed, has irrevocably pledged that, unless the principal of and interest on the Bonds are paid from other sources, it will make annual levies of taxes, within the constitutional and statutory tax limitations provided by law without a vote of the electors of the City, upon all of the property in the City subject to taxation in amounts sufficient to pay such principal and interest as the same shall become due. Subject to applicable laws, the City may apply other funds available to make payments with respect to the Bonds and thereby reduce the amount of future tax levies for such purpose. * Preliminary, subject to change. 2 "ii- _1 The Bonds do not constitute a debt or indebtedness of the State or any political subdivision thereof other than the City The Parks and Recreation Fund Debt service on the Bonds is expected to be paid from the Parks and Recreation Fund. The Parks and Recreation Fund is primarily supported by property tax transfers from the General Fund, utility taxes, user fees and grants. Savings from the closure of three swimming pools is providing debt service payments from the Parks and Recreation Fund. The historical financial activity of the Parks and Recreation Fund is shown in the following table: City of Yakima Comparative Parks and Recreation Fund Statement of Revenues, Expenditures and Changes in Fund Balance (Fiscal Years Ended December 31) Audited 2004 2003 2002 2001 2000 Revenues Taxes and Special Assessments $ 1,741,985 $ 1,841,750 $ 1,726,790 $ 1,690,515 $ 1,567,485 Intergovernmental 49,519 61,680 50,503 39,678 25,887 Charges for Services 794,244 702,346 753,300 723,601 776,716 Interest 944 (6,754) 1,106 6,872 41,096 Other 133,143 117,302 114,869 126,757 149,819 Total Revenues $ 2,719,835 $ 2,716,324 $ 2,646,568 $ 2,587,423 $ 2,561,003 Expenditures Economic Environment 443,912 288,916 278,796 262,923 287,364 Culture and Recreation 3,070,340 2,991,227 2,910,227 2,807,905 2,773,226 Capital Outlay 5,158 51,858 26,766 2,676 2,629 Total Expenditures 3,519,410 3,332,001 3,215,789 3,073,504 3,063,219 Excess of Revenues over (under) Expenditures (799,575) (615,677) (569,221) (486,081) (502,216) Other Financing Sources (Uses) Operating Transfers In 980,695 858,955 794,175 680,097 658,139 Operating Transfers (Out) (1) (221,000) (235,000) (235,000) (155,000) (135,000) Comp For Loss of Gen. Fixed Assets 29,439 31,487 13,870 14,987 12,131 Total other Financing Sources (Uses) 789,134 655,442 573,045 540,084 535,270 Excess of Revenues and Other Sources Over (Under) Expenditures /Other Use (10,441) 39,765 3,824 54,003 33,054 Fund Balance, January 1 482,724 442,959 439,135 430,132 397,078 Residual Equity Transfer In (Out) 0 0 0 (45,000) 0 Ending Fund Balance $ 472,283 $ 482,724 $ 442,959 $ 439,135 $ 430,132 Source. City of Yakima 3 ■ FT Bonded Indebtedness 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. Additionally, within the 2.5 percent of assessed value for general purposes, the City may, also without a vote of the electors, enter into 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 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. (2) The City may execute conditional sales contracts for the purchase of real or personal property (3) The City may execute leases with or without an option to purchase. Computation of Debt Capacity (As of November 1, 2005) 2005 Collection Year Assessed Value ( $ 3,971,667,847 Nonvoted Debt Capacity 1.5% of Assessed Value $ 59,575,017 Less: Outstanding Nonvoted Debt ( (17,818,088) Less. The Bonds (3) (775,000) Remaining Nonvoted Debt Capacity $ 40,981,929 Voted and Nonvoted Debt Capacity 2.5% of Assessed Value $ 99,291,696 Less: Outstanding Nonvoted Debt ( (17,818,088) Less: The Bonds ( (775,000) Less: Outstanding Voted Debt (2,235,000) Total Remaining Voted and Nonvoted Debt Capacity $ 78,463,608 Voted Utility Debt Capacity 2.5% of Assessed Value $ 99,291,696 Less: Outstanding Utility Obligations 0 Total Remaining Utility Debt Capacity $ 99,291,696 Voted Open Space /Park Debt Capacity 2.5% of Assessed Value $ 99,291,696 Less: Outstanding Open Space /Park Obligations 0 Total Remaining Open Space /Park Debt Capacity $ 99,291,696 (1) Provided by the Yakima County Assessor (2) Includes limited tax general obligation debt and lease purchase agreements. (3) Preliminary, subject to change. Source. City of Yakima 4 DRAFT Outstanding Debt (As of December 1, 2005) Long Term Borrowing General Obligations: Non -voted (1) Date of Date of Amount Amount Limited Tax General Obligations Issue Maturity Issued Outstanding LTGO 1996 01/01/96 11/01/07 $ 6,000,000 $ 455,000 LTGO 1998 04/01/98 06/01/08 1,430,000 500,000 LTGO 2002 05/01/02 06/01/26 6,735,000 6,210,000 LTGO 2003 Series A 06/01/03 12/01/23 1,430,528 1,430,528 LTGO 2003 Series B 06/01/03 12/01/13 4,155,000 3,645,000 LTGO Line of Credit 06/01/02 06/01/07 5,000,000 64,569 LTGO Refunding 2004 09/01/04 11/01/19 4,175,000 4,070,000 The Bonds (this issue) 12/01/05 12/01/16 775,000 (2) 775,000 (2) LTGO Bond Total 29,700,000 17,150,097 Lease Purchase Agreements Police Video 11/03/03 11/03/08 491,838 302,694 Printer/ copier 06/01/04 03/01/09 93,414 62,424 Mobile Wireless Data Network 07/09/04 04/09/09 325,000 232,862 Printer/ copier 10/15/04 07/15/09 54,255 41,679 Purchase Contract Total 964,507 639,659 Total Non -voted General Obligations $ 30,664,507 $ 17,789,756 General Obligations: Voter Approved Unlimited Tax General Obligation Bonds UTGO Refunding 2004 09/01/04 12/01/14 $ 2,300,000 $ 2,235,000 UTGO Bond Total $ 2,300,000 $ 2,235,000 (1) Does not include special assessment notes and warrants outstanding in the amount of $53,000 and $750,332, respectively, as of December 1, 2005. Also does not include City's obligation pursuant to an interlocal agreement with Yakima County to pay approximately $150,000 annually through 2008. (2) Preliminary, subject to change. 5 AF Summary of Limited Tax General Obligation Bond Debt Service Requirements (As of December 1, 2005) Cal. Outstanding LTGO Bonds (1) The Bonds (2) Total Debt Years Principal interest Principal Interest Service 2006 $ 1,020,000 $ 576,215 $ 60,000 $ 30,993 $ 1,687,208 2007 1,122,615 548,367 60,000 28,923 1,759,904 2008 1,159,861 513,602 65,000 26,793 1,765,255 2009 1,084,241 499,642 65,000 24,420 1,673,303 2010 1,083,125 476,926 65,000 21,983 1,647,034 2011 1,112,419 449,707 70,000 19,480 1,651,606 2012 1,141,614 421,958 70,000 16,680 1,650,252 2013 1,173,534 389,307 75,000 13,810 1,651,651 2014 690,455 354,384 80,000 10,660 1,135,500 2015 717,376 333,549 80,000 7,220 1,138,145 2016 728,196 315,548 85,000 3,740 1,132,485 2017 753,302 290,076 0 0 1,043,378 2018 780,855 264,600 0 0 1,045,455 2019 733,409 236,955 0 0 970,364 2020 405,464 212,083 0 0 617,546 2021 416,613 196,508 0 0 613,121 2022 434,687 182,371 0 0 617,059 2023 452,762 167,113 0 0 619,875 2024 410,000 54,750 0 0 464,750 2025 435,000 33,625 0 0 468,625 2026 455,000 11,375 0 0 466,375 Total $ 16,310,528 $ 6,528,661 $ 775,000 $ 204,700 $ 23,818,889 (1) Does not include the 2002 LTGO Line of Credit (see "Bonded Indebtedness - Outstanding Debt" for details). (2) Preliminary, subject to change; assumed interest rates range from 3.55% to 4.50% 6 RAFT Summary of Overlapping Debt (As of December 1, 2005) Estimated 2005 Assessed Percent Outstanding Overlapping Overlapping Taxing District Value Overlap GO Debt Debt Yakima School District No 7 $ 3,534,425,769 96 11% $ 34,775,000 $ 33,420,602 West Valley School District No 208 1,613,331,344 40.51 8,435,000 3,416,703 Yakima County 11,062,056,969 36 02 49,315,935 17,762,797 Naches School District No 3 508,877,906 0.34 2,940,000 9,993 Total $ 54,610,095 Source: Yakima County Assessor and Treasurer and individual taxzng 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 district allocated to the City's residents. Assessed Value (2005 Collection Year) ( $ 3,971,667,847 Estimated 2005 Population ( 79,480 Debt Information Net Direct Debt ( $ 20,130,588 Estimated Net Overlapping Debt (as previously detailed herein) 54,610,095 Total Net Direct and Overlapping Debt $ 74,740,683 (1) Provided by the Yakima County Assessor's Office. (2) Estimate derived from the State of Washington, Office of Financial Management, Forecasting Division. (3) Includes the Bonds plus limited and unlimited tax general obligation debt and lease purchase agreements. Bonded Debt Ratios Net Direct Debt to Assessed Value 0.51% Net Direct and Overlapping Debt to Assessed Value 1.88% Per Capita Assessed Value $ 49,970 Per Capita Net Direct Debt $ 253 Per Capita Total Net Direct and Net Overlapping Debt $ 940 Debt Payment Record The City has promptly met all debt service payments 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. In spring 2006, the City intends to borrow approximately $610,000 for a fire station remodel, most likely to be paid for from a line of credit. 7 N& Taxing Authority Authorized Property Tax Levies The City is authorized to impose (1) a regular levy (up to $3 60/$1,000 of assessed value) and (2) excess levies (unlimited as to rate or amount) The City's regular levy for the 2005 collection year is $3 43952 /$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 "General Property Taxes — Regular Property Tax Limitations" herein) Excess levies are imposed, upon voter approval, 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) The City's Property Tax Levies The following table shows the City's levy rates and dollar amounts levied since 2001 Ad Valorem Tax Levies (Dollars per $1,000 of Assessed Value) Collection Levy Rates Levy Amounts Year General Bond* Total General Bond* Total 2005 $3 4395 $0 0763 $3.5158 $13,660,632 $ 300,000 $13,960,632 2004 3 4718 0 0841 3.5559 13,276,452 315,833 13,592,285 2003 3.5214 0 0957 3 6171 12,935,578 345,000 13,280,578 2002 3.5264 0.2611 3 7875 11,554,073 836,000 12,390,073 2001 3.5145 0.2809 3 7954 11,098,211 870,000 11,968,211 * For repayment of voted bonds; not subject to limitation on levy rates or levy amounts. Sources. Yakima County Assessor's and Treasurer's Office 8 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 levy excess voter approved property taxes. For purposes of demonstration, representative levy rates for "levy code 333" of Yakima County (the "County "), as well as the statutory levy authority of each type of potential overlapping district, are listed below Total Representative Total Statutory Levy Rates Levy Authority Per $1,000 of Per $1,000 of Assessed Value Assessed Value Yakima County $ 1.8462 $1.80 ( County (Road Levy) n/a (1) 2.25 Library District n/a ( 0.50 Fire Protection District n/ a ( 1.50 Port District n/a ( 0 45 The City 3.5158 3 60 ( Hospital District n/a (1) 0 75 State Schools 2.7364 3.60 (4) Yakima School District No 7 4.7368 County Emergency Services 0.2441 Total rate for Yakima County levy code 333 $ 13 0793 (1) Yakima County levy code 333 is included within the incorporated portion of Yakima County and therefore does not have a road levy Likewise, it does not contain either a fire district, library district, port district or a hospital district. (2) Pursuant to RCW 84.52.043(1), a county may increase its levy from $1.80 per $1,000 to a rate not to exceed $2.475 per $1,000 for general county purposes if (i) the total levies for both the county and any road district within the county do not exceed $4.05 per $1,000 and (ii) no other taxing district has its levy reduced as a result of the increased county levy Of Yakima County's total levy rate of $1.8462, the nonvoted levy rate is $1.7690 and $0.0772 is the voted portion. (3) RCW 41.16.060. $0.225 of the total $3.60 can be used for pension funding purposes, if required, otherwise this tax may be levied and used for any other municipal purpose. The total levy includes a regular levy of $3 4395 and a voted bond levy of $0.0763 (4) RCW 84.52.043(1). The levy by the State shall not exceed $3.60 per $1,000 assessed value adjusted to the State equalized value in accordance with the indicated ratio fixed by the State Department of Revenue to be used exclusively for the support of the common schools. Source. Yakima County Assessor for Levy Code 333 General Property Taxes The following provides a general description of the City's taxing authority 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 as described below (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 9 I RAFT 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, 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 the impact of other interrelated tax limitations on the City Regular property tax levies are subject to rate limitations and amount limitations, as described below, and to the uniformity requirement of Article VII, Section 1 of the State 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 that 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 Lunitation. Title 84 RCW authorizes the imposition of regular tax levies to various statutory maximums (see "Overlapping Taxing Districts" herein) The One Percent Aggregate Regular Levy Lunitation. Article VII, Section 2 of the Washington Constitution, as amended in 1973, limits aggregate regular property tax levies 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 district; excess levies authorized in Article VII, Section 2 of the State Constitution, and certain levies for acquiring conservation futures, for emergency medical services or care, and to finance affordable housing. 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 04.52.050 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 tax levy for unlimited tax general obligation bonds is a special excess levy approved by the voters, and as such, is not subject to the limitations on regular levies described above. The Levy Limitation. The regular property tax increase limitation (Chapter 84.55 RCW), as amended most recently by Initiative No 747 (which was passed by voters on November 6, 2001), 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 an adjustment to account for taxes on new construction, annexations, improvements 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 greater amount is approved by a simple majority of the voters. With a supermajority vote of the Board, the limit factor is a flat 101 percent. 10 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 This is sometimes referred to as "banked" levy capacity With a majority vote of its electors, a taxing district may levy, within the rate limitations described above, more than what otherwise would be allowed by the tax increase limitation indefinitely or for a limited period or to satisfy a limited purpose, as allowed by RCW 84.55 050 This is known as a "levy lid lift." A newly created taxing district can initiate its levy at the maximum permitted statutory levy rate, unless that rate would exceed any of the limitations described 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 construction, improvements 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 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 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 Yakima County, all property is subject to an annual property valuation and an on -site revaluation every six years. The property is listed by the Assessor on a roll at its current assessed value and the roll is filed 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. 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 County 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 of 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 other liens or encumbrances of any kind on real or personal property subject to taxation. By law the County 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 not decided whether the Homestead Law (chapter 6 13 RCW) may give the occupying homeowner a right to retain the first $40,000 of proceeds 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 Homestead Exemption applies to the lien for property taxes, while the State Attorney General has taken the position that it does not. 11 DRAFT City of Yakima Tax Collection Record Tax Collection Collection Regular Ad Valorem Year As of Year Assessed Value (1) Tax Levy of Levy 09/30/05 2005 $3,971,667,847 $13,960,632 (2) (2) 2004 3,824,096,823 13,592,285 96.8% 98 4% 2003 3,673,433,781 13,280,578 96 7 99.2 2002 3,268,615,861 12,390,073 95 4 99 7 2001 3,156,055,363 11,968,211 95.8 99 9 2000 3,076,532,870 11,488,967 94.4 100 0 (1) Assessed valuation 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. City of Yakima and Yakima County Assessor's Office City of Yakima Major Property Taxpayers Percent of 2005 Collection Year City's Taxpayer Type of Business Assessed Valuation Total A.V. Yakima HMA Inc. 01) Hospital $ 53,075,420 1.34% Shields Bag & Printing Co Manufacturing 41,086,084 1 03 Qwest Corporation Telecommunications 33,237,065 0.84 Longview Fibre Co Manufacturing 24,337,472 0.61 Leelynn Inc. and Wiley Mountain Inc. Lumber 21,031,850 0.53 John I. Haas, Inc. Hop processing 20,420,992 0.51 Washington Fruit & Produce Fruit processing 16,965,493 0 43 Yakima Valley Memorial Hospital Hospital 16,687,200 0 42 Snokist Growers Inc. Fruit processing 16,495,712 0 42 Yakima Mall Shopping Center ( Retail 15,969,997 0.40 Subtotal - Ten of the City's Largest Taxpayers 259,307,285 6.53 All Other City Taxpayers 3,712,360,562 93.47 Total City Taxpayers $ 3,971,667,847 100.00% (1) Formerly Providence Health Systems, a non - profit medical facility Yakima HMA Inc. is doing business as Yakima Regional Medical and Cardiac Center (2) The Yakima Mall Shopping Center closed as of December 31, 2003 The owner is building a new Hilton Garden Inn hotel on the site, which is expected to be surrounded by some new retail. The hotel is scheduled to open in late 2005 or early 2006. Source. Yakima County Assessor's Office 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 State 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 12 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 "), a $5 1 billion dollar fund that invests money on behalf of more than 350 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 finds. 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 yield 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. 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 average 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) See "The City - Cash and Investments" for more information regarding the City's investment practices. 13 City of Yakima Pi Dv 1,. 94 1 Comparative General Fund Statement of Revenues, Expenditures and Changes in Fund Balance (Fiscal Years Ended December 31) Audited 2004 2003 2002 2001 2000 Revenues Taxes and Special Assessments $ 30,119,323 $ 28,294,713 $ 26,565,287 $ 25,438,932 $ 24,285,034 Licenses and Permits 529,767 469,716 405,856 408,688 331,190 Intergovernmental 1,605,395 1,739,409 1,749,790 1,829,708 1,669,192 Charges for Services 4,201,981 3,861,959 3,723,724 3,466,615 3,407,465 Fines and Forfeitures 1,363,565 1,396,796 1,631,877 1,553,036 1,608,584 Interest 414,847 425,786 558,359 893,688 950,269 Other 40,518 (259,859) 56,453 51,885 52,050 Total Revenues $ 38,275,396 $ 35,928,520 $ 34,691,346 $ 33,642,552 $ 32,303,784 Expenditures General Government 9,783,461 8,963,242 8,662,004 8,053,234 7,997,793 Security of Persons and Property 23,297,962 22,262,081 20,794,442 19,490,986 18,993,558 Physical Environment 1,326,367 1,230,396 1,242,009 1,086,178 1,048,394 Economic Environment 582,593 503,422 419,434 372,629 425,484 Mental and Physical Health 16,952 15,327 23,219 22,608 21,510 Culture and Recreation 1,421,107 1,405,448 1,251,178 1,214,139 1,190,468 Capital Outlay 200,122 56,641 93,030 89,068 157,526 Debt Service 357,374 211,843 212,403 212,754 214,314 Total Expenditures 36,985,938 34,648,400 32,697,719 30,541,596 30,049,047 Excess of Revenues Over (Under) Expenditures 1,289,458 1,280,120 1,993,627 3,100,956 2,254,737 Other Financing Sources (Uses) Proceeds from Capital Lease Financing 147,669 0 0 0 0 Operating Transfers In 145,000 110,000 110,000 110,000 110,000 Operating Transfers (Out) (1) (2,005,430) (1,845,427) (1,919,371) (1,910,660) (1,862,966) Comp. For Loss of Gen. Fixed Assets 779 1,143 2,774 989 12,040 Total Other Financing Sources (Uses) (1,711,982) (1,734,284) (1,806,597) (1,799,671) (1,740,926) Excess of Revenues and Other Sources Over (Under) Expenditures/Other Uses (422,524) (454,164) 187,030 1,301,285 513,811 Fund Balance, January 1 9,256,841 9,709,874 (2) 6,191,466 4,903,996 4,401,093 Change in Reserve for Inventory 16,217 1,131 (3,280) (13,815) (10,908) Ending Fund Balance $ 8,850,534 $ 9,256,841 $ 6,375,216 $ 6,191,466 $ 4,903,996 (1) The majority of operating funds transferred out of the general fund are used to fund parks programs, bonded debt service, contingency funds and the City s public safety communications network. (2) In conjunction with GASB 34, the City also implemented GASB 33, which defines revenue recognition for "no exchange" (i.e. tax) transactions. As a result of the implementation of GASB 33, a change in accounting principlewas determined to have occured. This change caused a restatement of $3,334,658 in the General Fund beginning fund balance to comply with the pronouncement. Source. Cihj of Yakima 14 I -. A F T - 7 ., Comparative General Fund Balance Sheet (Fiscal Years Ended December 31) Audited 2004 2003 2002 2001 2000 Assets and Other Debits Cash & Equity in Pooled Investments $ 2,351,707 $ 1,050,215 $ 7,704,560 $ 8,890,037 $ 7,372,158 Receivables: Taxes 3,684,741 3,363,202 862,274 727,573 827 451 Accounts 153,443 174,206 174,086 166,865 176,765 Interest/ Penalties 70,611 89,499 287,596 287,633 366,448 Other 6,397 0 0 0 0 Due from Other Funds 242,101 584,875 1,066,233 153,003 63,818 Due from Other Gov't Units 28,880 73,368 26,964 26,964 51,116 Inventories 44,150 27,933 26,802 30,082 43,897 Investments, at amortized cost 5,670,001 7,500,000 0 0 (15,523) Total Assets 12,252,031 12,863,298 10,148,515 10,282,157 8,886,130 Liabilities Warrants/ Accounts Payable 503,264 606,871 389,798 642,513 517,171 Wages/ Benefits Payable 2,655,805 2,551,753 2,246,608 2,054,005 2,035,914 Due to Governments 37,258 22,399 24,585 25,083 23,129 Deposits Payable 68,183 271,744 214,524 10,963 39,459 Deterred Revenues 136,987 153,690 897,784 1,358,127 1,366,461 Total Liabilities 3,401,497 3,606,457 3,773,299 4,090,691 3,982,134 Fund Equity and Other Credits Fund Balance: Reserved 383,582 781,001 788,694 771,777 714,745 Unreserved 8,466,952 8,475,840 5,586,522 5,419,689 4,189,251 Total Fund Equity and Other Credits 8,850,534 9,256,841 6,375,216 6,191,466 4,903,996 Total Liabilities, Equity and Other Credits $ 12,252,031 $ 12,863,298 $ 10,148,515 $ 10,282,157 $ 8,886,130 Source: City of Yakima 15 [El) p.,, F T The City The City of Yakima was incorporated in 1886. It is the tenth largest city in the State of Washington (the "State "), and encompasses approximately 23 square miles. The City provides the full range of municipal services including public safety (police, fire, building), public improvements (streets, traffic signals, storm sewer, irrigation utility), sanitation (solid waste disposal, wastewater utility), water utility, irrigation utility, community development, parks and recreation, and general administrative services. The City operates under a council/ manager form of government with a full -time city manager The City Council consists of seven council members. Four members are elected from individual districts and three are elected at large. The mayor is chosen by the City Council (the "Council ") from within its own membership every two years. Elected Officials City Council Term Expires Paul P George, Mayor December 31, 2005 Neil McClure, Asst. Mayor December 31, 2007 Ronald J Bonlender December 31, 2007 Dave Edler December 31, 2007 Mary Place December 31, 2005 Bernard J Sims December 31, 2005 Susan J Whitman December 31, 2007 Key Administrative Staff Richard A. Zais, Jr., City Manager Mr Zais joined the City in 1973 as the Administrative Assistant to the City Manager and was appointed to the position of City Manager in January 1979 Mr Zais has held this position for 25 years and is responsible for the supervision and direction of a full- service city with seven operating departments. Mr Zais prepares and administers the $140 million annual City budget with a $55 million annual payroll for over 700 full -time employees. Mr Zais serves as the Council's chief advisor, appoints all administrative officers and employees and executes Council policy and programs. Mr Zais' educational background is in public administration with a B.A. and M.P.A. from the University of Washington. Rita M. Anson, Director of Finance & Budget. Ms. Anson joined the City in 1999 as the Finance Director, coming from Puget Sound Energy Corporation. Ms Anson is responsible for all financial and treasury services, budgeting and accounting, utility customer services and information systems for the City During her 21 years with Puget Sound Energy, Ms. Anson served in many capacities including the following key management positions: Manager of District Operations, Manager of Corporate Budgets, and Manager of Information Systems Project. Ms. Anson has a degree in Accounting from Central Washington University, is a CPA and is a member of the AICPA, WSCPA and just completed a two -year term serving as the Treasurer for the Yakima Sunrise Rotary Tintothy M. Jensen, Treasury Services Officer Mr Jensen joined the City in 1990 as an accountant, coming from a national public accounting firm where his primary duties were as a senior auditor Mr Jensen was appointed the City's Treasury Services Officer in 2001 where he oversees the security of the City's investments, cash management, and debt administration and performs high -level financial analysis. Mr Jensen obtained a B.S. in Accounting from Central Washington University in 1986, and studied Economics at the University of California, Berkeley and the University of Nevada, Reno from 1974 through 1977 Mr Jensen is an executive officer of the Washington Finance Officers Association and will be President of that organization in 2008 He has served on the Board of Directors of WFOA since 1998 Mr Jensen is a past member of the Washington State Local Government Investment Pool Advisory Committee. He is also currently serving on the Washington State Auditor's Local Government Advisory Committee and has served two different State Treasurers on select issue committees. Cindy J Epperson, Financial Services Manager Ms. Epperson joined the City in 1990 as an accountant and was promoted to Financial Services Manager in 1998, where she has the responsibility for the City's accounting systems and processes, and financial statement preparation. Ms. Epperson works closely with the City 16 ,,RAFT Manager and Finance Director to prepare the City's budget. Prior to joining the City, Ms. Epperson was Accounting Manager for two local agricultural businesses. Prior to her experience in the agricultural industry, Ms. Epperson was Senior Auditor for an international accounting firm. She obtained a B.S degree in Accounting from the University of Arkansas in Little Rock. Labor Relations The City currently employs approximately 662 full -time and 25 part -time and temporary employees. A majority of the City's employees are represented by bargaining units as follows. Number Bargaining Unit of Employees Contract Expiration Date AFSCME Municipal 281 December 31, 2007 (I) YPPA 113 December 31, 2005 ( Fire Suppression 76 December 31, 2006 AFSCME Transit 42 December 31, 2005 2 Fire Communications 13 December 31, 2006 Fire PERS 15 December 31, 2006 (1) 2007 contract is open as to economic terms. (2) Currently under negotiation. The City has a long history of good working relationships with its employee groups and bargaining units. Pension System Substantially all full -time and qualifying part -time employees participate in one of the following statewide local government retirement systems administered by the Washington State Department of Retirement Systems, under cost - sharing, multiple- employer public employee retirement systems. Actuarial information is on a system -wide basis and is not considered pertinent to the City's financial statements. City employees are covered by the Public Employees' Retirement System ( "PERS ") Police officers and firefighters are covered by the Law Enforcement Officers and Firefighters Retirement Fund ( "LEOFF ") Contributions to the systems by both employee and employer are based upon gross wages covered by plan benefits. LEOFF includes two plans and PERS includes three plans: Plans I and II are defined benefit plans and Plan III is a combination defined benefit/ defined contribution plan. PERS participants who joined the system by September 30, 1977 are Plan I members. Those who joined thereafter are enrolled in Plan II unless they exercise an option to transfer their membership to Plan III. Plan III became effective March 1, 2003 Retirement benefits are financed from both employee and employer contributions and investment earnings. Retirement benefits under Plans I and II are vested after completion of five years of eligible service. Plan III members are vested after ten years of eligible service. Participants enrolled in Plan II may elect to transfer to Plan III, during the specified transfer window period that occurs in January of each year Once employees transfer to Plan III, they may not return to Plan II membership In addition, new PERS eligible employees after September 1, 2002 who do not specify a plan choice will transfer automatically to Plan III. Retirement benefits are financed from both employee and employer contributions and investment earnings and are vested after completion of five years of eligible service. For the year ending December 31, 2004, the City's contribution of $312,754, or 1.38 percent of covered payrolls, represents its full liability under the system, except that future rates may be adjusted to meet the system needs. LEOFF LEOFF includes two plans. For the year ending December 31, 2004, the City's contribution to LEOFF I (for participants who joined the system by September 30, 1977) of 019 percent and to LEOFF II (participants who joined after September 30, 1977) of 3.25 percent of covered payroll totaled $413,337, representing its full liability under the system, except that future rates may be adjusted to meet the system needs. LEOFF and PERS employer and employee contributions rates will rise over the next four to six years to make up for recent State pension fund losses. The Select Committee on Pension Policy ( "SCPP ") studies pension policy and makes recommendations to the Legislature on benefit changes for most State retirement systems, 17 DRAFT including PERS and Plan 1 of LEOFF Because of the financial hardship significant rate increases impose on both employers and employees alike, the Legislature explored a variety of proposals to soften that budgetary impact. The last actuarial value of assets in the State - administered retirement systems was done for the year ended September 30, 2003, which showed actuarial assets of $43.869 million and accrued liability of $47 130 million. This could result in increased contribution rates for the City There are no unfunded liabilities on the part of the City When the legislative session ended in April 2005, the Legislature had passed a compromise on pension funding (ESHB 1044) In a departure from previous pension funding policy, the bill phases in the needed 2005 -2007 rate increase over a four- year period. It also makes other changes designed primarily to save the State money The following is a brief summary of the bill's major provisions: • Begins a four -year phase -in of annual pension contribution rates, with a 2.25 percent PERS employer contribution rate effective July 1, 2005, increasing to 3.5 percent effective July 1, 2006 • Directs the Pension Funding Council to adopt annual contribution rates for the 2007 -2009 biennium that would complete the four -year phase -in schedule by September 30, 2006 • Continues to suspend contribution rates for the State's unfunded liabilities in PERS Plan I during the 2005 -2007 biennium. • Delays recognition of the cost associated with future gain - sharing benefit distributions until the 2007- 2009 biennium. • Directs the Select Committee on Pension Policy to study the options available to address the liability associated with future gain - sharing distributions during the 2005 interim, and report the findings and recommendations of the study to the fiscal committees of the Legislature. The following chart shows PERS employer and PERS Plan II employee contribution rates for the 2005 -2007 biennium. Employer Rate Member Rate Contribution Rate Period (PERS 1/2/3) (PERS 2)* 7 -1 -05 through 6 -30 -06 2.25% 2.25% 7 -1 -06 through 6 -30 -07 3.50% 3.50% * PERS Plan 1 employees pay a statute set six percent; PERS Plan 3 employees individually select their rate, so there is not uniformity On December 9, 2004 the LEOFF 2 Board, which governs Plan 2 of LEOFF, approved a proposal to provide for contribution rate increases for the years 2005 through 2009 on an annual basis (rather than biennially) as shown in the following chart: Contribution Rate Beginning LEOFF 2 Member Employer Date Contribution Rate* Contribution Rate July 1, 2005 6.75% 4.05% July 1, 2006 7.55% 4.53% July 1, 2007 8.30% 4.98% July 1, 2008 8 49% 5 09% * LEOFF Plan 1 employers and employees currently do not pay retirement contributions due to a surplus in the fund. Unfunded Pension Liabilities The City maintains two single employer defined benefit pension plans, Firemen's Pension and Police Pension, which are closed systems covering Firemen and Police Officers hired prior to March 1, 1970 Both plans had their first annual actuarial valuation as of March 31, 1989, and the required contributions identified in that valuation have been the basis for recording the unfunded pension liability since 1989 The Police Pension is a department in the General Fund, and is operating on a pay -as- you -go basis. The unfunded pension liability will be adjusted annually by comparing actual expenditures for pension benefits to 18 D E the actuarially determined contribution. The City intends to maintain this plan on a pay -as- you -go basis. This fund had an unfunded pension liability of $3,367,806 at December 31, 2004. The Firemen's Relief and Pension Fund is a trust fund, and has as its funding sources a portion of local property taxes, a state tax on fire insurance premiums and interest income. This fund had an unfunded pension liability of $850,170 at December 31, 2004. An actuarial study was completed January 1, 2003 Actuarial studies are performed every five years. Risk Management The City maintains reserve funds to provide for self - insurance coverage in the areas of Unemployment Compensation, Medical /Dental coverage, and Workers' Compensation. In addition, the City maintains a Risk Management Fund to provide for property, liability, and other coverages Unemployment Compensation. In 1978, the City established an Unemployment Compensation Reserve Fund to provide unemployment compensation coverage for its employees, and thereby elected to participate with the State in a cost - reimbursement instead of monthly premium program. In doing so, the City retained its right to appeal awards and determinations made by the State Department of Employment Security Self - insured Medical/Dental Program. The City, in 1979, self - insured its medical and dental programs for all employees other than temporary employees and employees hired to work less than half -time. The City's Human Resources Office administers the self - insured program and claims payment services are provided by Health Care Management Administration, Inc. Each operating fund is charged an amount per covered employee which would otherwise have been paid to an insurance carrier Interfund premiums to the Employee Health Benefit Reserve Fund for 2004 were $6,160,969 Incurred but not reported claims of $947,411 were accrued as a liability In order to avoid catastrophic losses, the City "reinsures" the program by purchasing insurance known as "stop -loss insurance." Two types of "stop- loss" insurance are purchased. (i) individual stop -loss, and (ii) aggregate stop -loss, with both provided through Safeco Insurance Company Under the individual stop - loss insurance, the City pays the first $150,000 of claims for an individual employee or dependent. Any charges accrued by an individual in excess of $150,000 in a calendar year are thereafter reimbursed by Safeco The aggregate stop -loss is designed to protect the City from multiple large claims which may not reach the individual stop -loss attachment point of $150,000 The aggregate stop -loss attachment point is calculated by determining the projected amount of claims for the year and adding an additional 25 percent of that amount (125 percent of projected claims) Workers' Compensation Program. The City self - insured its workers' compensation program for all employees except those covered by the LEOFF I Retirement System in 1984. This workers' compensation program provides coverage identical to the State - administered workers' compensation program, however, the City pays only the direct injury- related costs and certain administrative fees. The program is administered by the City's Personnel Office with claims administration and safety services provided by Ward North America (formerly Scott Wetzel Services, Inc.) Each operating fund is charged an appropriate accrual amount, per employee, based on rate requirements prescribed by the State. Each year the Reserve Fund is reviewed to determine a contribution rate which provides for an appropriate reserve. Interfund premiums to the Workers' Compensation Fund for 2004 were $1,249,258 Based on the claim manager's estimate, the City has accrued incurred but not reported claims of $569,539 at December 31, 2004. In order to avoid catastrophic losses, the City "reinsures" the program by purchasing insurance known as "stop -loss insurance." This insurance is provided through Marsh Advantage America under a policy purchased from Employers Reinsurance. Under the individual stop -loss portion of the insurance, the City is liable for the first $500,000 of claims resulting from a specific accident. Charges beyond that $500,000 are covered by stop -loss insurance up to $25 million. 19 P RAFT Risk Management Program. The Risk Management Reserve Fund was established in 1986 when the City elected to self - insure the liability exposure portion of its insurance program. Resources accrue to the fund through interfund premiums to Operating Funds for appropriate insurance coverage and the replenishment and building of reserves for potential liability claims. City contributions to the Risk Management Reserve Fund for 2004 were $1,635,745 The Fund provides for administration, legal services, claims adjustment, and for the purchase of property, excess liability and other insurance coverage. Liabilities of the fund are reported when it is probable that a loss has occurred and the amount of the loss can be reasonably estimated. Liabilities include an amount for claims that have been incurred but not reported. The result of the process to estimate the claims liability is not an exact amount as it depends on many complex factors, such as inflation, changes in legal doctrines and damage awards. Accordingly, claims are reevaluated periodically to consider recent claim settlement trends, inflation and other economic and social factors. The estimate of the claims liability also includes amounts for incremental claims adjustment expenses related to specific claims. Based on these factors, the claims manager's estimate of claims liability was $1.2 million as of December 31, 2004. Excess liability coverage is provided from Genesis Underwriters Management Company in an amount of $8 million, with a $1 million retention. Accounting Policies Accounting records for the City are maintained in accordance with methods prescribed by the State Auditor under the authority of Washington State law The City financially reports on the calendar year basis and employs a double -entry modified accrual system for all fund categories with the exception of proprietary, nonexpendable and pension trust funds which require full accrual reporting. The modified accrual basis differs from the accrual basis in the following ways: (i) purchases of capital assets are considered expenditures, (ii) redemption of long -term debt is considered an expenditure when due, (iii) revenues are recognized only when they become both measurable and available to finance expenditures of the current period, revenues that are measurable but not available are recorded as receivable and offset by deferred revenues, (iv) inventories and prepaid items are reported as expenditures when purchased, (v) interest on long -term debt is not accrued but is recorded as an expenditure when due, and (vi) accumulated unpaid vacation and sick pay are considered expenditures when paid. In accordance with GASB 34, the City has implemented this accounting standard in its December 31, 2004 financial statement. Fund Accounting The accounts of the City are organized on the basis of funds each of which is considered a separate accounting entity The City uses governmental, proprietary and fiduciary funds. Each governmental fund and expendable trust or agency fund is accounted for with a separate set of self - balancing accounts that comprise its assets, liabilities, fund balances, revenues and expenditures. Proprietary and similar trust funds use the revenue, expense and equity accounts of similar businesses in the private sector The City's resources are allocated to and accounted for in individual funds depending on what they are to be spent for and how they are controlled. Governmental Funds All governmental funds are accounted for on a spending or "financial flow" measurement focus This means that only current assets and current liabilities are generally included on their balance sheets. Their reported fund balance (net current assets) is considered a measure of "available expendable resources." Governmental fund operating statements focus on measuring changes in financial position, rather than net income; they present increases (revenues and other financing sources) and decreases (expenditures and other financing uses) in net current assets. Budgetary Process The City Council annually approves the City's operating budget. The operating budget is designed to allocate available resources among the City's services and programs and to provide for associated financing decisions. Annual appropriated budgets are adopted on the modified accrual basis of accounting For governmental funds, there are no differences between budgetary basis and generally accepted accounting principles. Budgetary accounts are integrated in fund ledgers for all budgeted funds, but the financial statements include budgetary comparisons for the General Fund and Special Revenue Funds only Budgets for debt service and capital projects are adopted at the level of the individual debt issue or project and for fiscal periods that correspond to the lines of debt issues or projects. Annual appropriated budgets are adopted at the fund level. Subsidiary revenue and expenditure ledgers are used to compare the budgeted amounts with actual revenues 20 T)).'0. AFT and expenditures. As a management control device, the subsidiary ledgers monitor expenditures for individual functions and activities by object class. Appropriations for general and special revenue funds lapse at year -end. The City Manager is authorized to transfer budgeted appropriations between departments within any fund, however, any revisions that alter the total expenditures of a fund, or that affect the number of permanently authorized employee positions, salary ranges, or other conditions of employment must be approved by the City Council. Cash and Investments Cash and investments are managed under the guidance of the City's Investment Policy adopted by a resolution of the City Council. The policy was based on the Model Investment Policy prepared by the Municipal Treasurers' Association of the United States and Canada and applies to all financial assets of the City Investments are made using the "prudent person" standard with primary objectives being safety of principal, liquidity enabling the City to meet all operating requirements and a return on investment objective of attaining a market rate of return through budgetary and economic cycles. City policies require the City to minimize counterparty risks by safekeeping all purchased securities and conducting all trades on a delivery versus payment basis A report on the performance of the Treasury Division is prepared quarterly for review by the City Council and City Manager Investments of City funds except those of the Firemen's Relief and Pension Fund are limited to (i) investment deposits, including certificates of deposit with qualified public depositories as defined in chapter 39 59 RCW, (ii) certificates, notes or bonds of the United States, or other obligations of the United States, or its agencies, or of any corporation wholly owned by the government of the United States, (iii) obligations of government - sponsored corporations which are eligible as collateral for advances to member banks as determined by the Board of Governors of the Federal Reserve System, (iv) banker's acceptances sold on the secondary market; and (v) the LGIP The market value of investments held in the combined portfolios under the control of the Department of Finance and Budget as of December 31, 2004 was $58 9 million. Of that amount, 52 percent was in agency securities, 42 percent was in the LGIP, four percent was invested in U.S Treasuries, and two percent was invested in municipal securities. See "Appendix C - 2004 Annual Financial Report" for a breakdown of investments. 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 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 (see "Authorized Investments" herein) The State Auditor is required to examine the affairs of cities at least once every two years. The City is 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, 2004, attached as Appendix C, are incorporated by reference to this Official Statement and have been filed with the current nationally recognized municipal securities information repositories ( "NRMSIR ") 21 Demographic Information The City lies in central Washington State m the County about 142 miles southeast of Seattle and 188 miles northeast of Portland, Oregon. The County _ 1 ranks second in the State in terms of square miles and seventh in terms of population. The City is the County seat and the largest incorporated' : 'w[� community m the County encompassing 23 square miles. Population history tY � h' p g q p Y � ���w��' for both the City and County in recent years is shown in the following table: � Yakima Cou nty Population Washington Yakima County and the City of Yakima Yakima City of April 1 County Yakima 2005 229,300 79,480* 2004 227,500 79,480 2003 226,000 79,220 2002 225,000 79,120 2001 224,500 73,040 *The City completed an annexation of 1,990 citizens in June 2005 Source. Washington State Office of Financtal Management, October 2005 Employment The economy of the City is based on government - related jobs and agriculture that produces and processes tree fruits, hops, mint, vegetables, livestock, dairy and grapes for wine. The City is the center of the County's economic activity City of Yakima Maj or Employers Number of Employer Product Employees Yakima School District Education 1,500 Yakima Valley Memorial Hospital Medical 1,100 Yakima Regional Hospital Medical 1,100 Yakima County Government 1,000 City of Yakima Government 623 Washington Beef, Inc. Meat packaging 620 Yakima Valley Community College College 596 Yakima Nations Legends Casino Entertainment 573 Snokist Growers Fruit canning 521 Western Recreational Vehicles Trailers, motor homes 600 Shields Bag & Printing Flexible packaging 550 Tree Top, Inc. Apple processing 525 Washington Fruit Fruit processing 430 Wal -Mart Distribution Distribution center 425 Source: Yaktma County Development Association 2004 22 OR &_isi L- -1 Income. Historic personal income and per capita income levels for the County and the State are shown below. Yakima County and State of Washington Total Personal and Per Capita Income Yakima County State of Washington Total Personal Per Capita Total Personal Per Capita Year Income (in millions) Income Income (in millions) Income 2004 N/A N/A $217,240 1 $35,017 2003 $5,425.6 $23,916 203,889.7 33,254 2002 5,258 0 23,416 198,371.3 32,696 2001 5,151.7 23,062 193,498.3 32,289 2000 4,916.1 22,070 187,853 4 31,779 1999 4,625 4 20,875 175,491.3 30,037 Source. U.S Department of Commerce, Bureau of Economic Analysis, October 2005 Taxable Retail Sales. Taxable retail sales reflect only those sales subject to retail sales tax. Historic taxable retail sales for the City and the County are shown below City of Yakima and Yakima County Taxable Retail Sales City of Yakima Year Yakima County 2005* $ 306,753,810 $ 557,949,458 2004 1,307,845,725 2,411,522,348 2003 1,246,026,347 2,294,202,221 2002 1,205,189,471 2,178,920,758 2001 1,176,022,552 2,122,049,462 2000 1,168,665,601 2,140,980,425 1999 1,157,451,996 2,057,895,211 *Data through 1St quarter only Source. Washington State Department of Revenue, October 2005 Building Pernnts. Residential building permits are an indicator of growth within a region. The number and valuation of new single- family and multi- family residential building permits in the County are listed below Yakima County Residential Building Permits New Single Family Units New Multi Family Units Total Year Number Valuation Number Valuation Valuation 2005 * 68 $ 13,883,921 N/ A N/A N/ A 2004 372 76,608,218 N/A N/A N/A 2003 333 56,530,404 3 $ 575,332 $ 57,105,736 2002 261 39,372,449 17 4,082,973 43,455,422 2001 218 31,260,016 7 3,341,679 34,601,695 2000 220 31,372,650 1 136,395 31,509,045 1999 323 41,818,791 7 1,230,362 43,049,153 * Through March 31, 2005 Source. Greater Yakima Valley Chamber of Commerce, October 2005 23 RAFT Employment. 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. Yakima MSA Nonagricultural Wage & Salary Workers and Labor Force and Employment Data Annual Average 2005 2004 2003 2002 2001 Civilian Labor Force 117,800 119,800 115,700 113,300 110,200 Total Employment 108,300 109,500 104,500 102,300 99,800 Total Unemployment 9,500 10,300 11,200 11,000 10,400 Percent of Labor Force 81 8.6 9 7 9 7 9 4 NAICS INDUSTRY (in thousands) 2005 2004 2003 2002 2001 TOTAL NONFARM 75,686 75,442 75,200 74,000 74,300 TOTAL PRIVATE 58,643 58,742 58,600 57,800 58,300 GOODS PRODUCING 12,271 12,742 12,900 13,300 13,900 NAT RESOURCES, MINING, & CONSTR. 3,457 3,425 3,200 3,100 3,100 MANUFACTURING 8,814 9,317 9,800 10,100 10,800 Non - Durable Goods 4,743 5,025 5,500 5,800 6,100 SERVICES PROVIDING 63,414 62,700 62,300 60,800 60,400 PRIVATE SERVICES PROVIDING 46,371 46,000 45,700 44,600 44,400 Trade, Transportation, and Utilities 16,386 16,308 15,700 15,800 16,200 Wholesale Trade 3,900 4,033 3,800 3,900 4,300 Retail Trade 9,443 9,400 9,500 9,200 9,200 Transportation, Warehousing, and Utilities 3,043 2,875 2,400 2,700 2,700 Professional and Business Services 4,429 4,567 4,900 4,500 4,400 Educational and Health Services 12,429 12,208 11,800 11,600 11,400 Health Services 11,271 11,100 10,800 10,700 10,500 Leisure and Hospitality 6,557 6,425 6,400 6,300 6,000 Food Services 4,871 4,608 4,600 4,500 4,400 GOVERNMENT 17,043 16,700 16,600 16,200 16,000 Federal Government 1,329 1,308 1,400 1,400 1,400 Total State Government 3,000 3,000 2,900 2,900 2,900 Total Local Government 12,714 12,392 12,300 11,900 11,700 Workers in Labor /Management Disputes 0 33 0 0 0 Source. Washington State Employment Security Department, October 2005 Initiative and Referendum State Initiatives Under the State Constitution, the voters of the State have the ability to initiate legislation and require the Legislature to refer legislation to the voters through the powers of initiative and referendum, respectively The initiative power in Washington may not be used to amend the State Constitution. Initiatives and referenda are submitted to the voters upon receipt of a petition signed by at least eight percent (initiative) and four percent (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 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. 24 Future Initiative Legislation. Other tax and fee initiative measures have been and may be filed, but it cannot be predicted whether any such initiatives might gain sufficient signatures to qualify for submission to the Legislature and/ or the voters or, if submitted, whether they ultimately would be approved. Tax Exemption In the opinion of Bond Counsel, assuming compliance with certain covenants of the City, interest on the Bonds is excluded from gross income for federal income tax purposes under existing law Interest on the Bonds is not an item of tax preference under the Internal Revenue Code of 1986, as amended (the "Code "), for purposes of determining the alternative minimum tax imposed on individuals and corporations Interest on a Bond owned by a corporation (other than an S corporation, regulated investment company, real estate investment trust or real estate mortgage investment conduit) may be indirectly subject to alternative minimum tax because of its inclusion in the earnings and profits of the corporate owner The Code sets forth certain requirements that must be met subsequent to the issuance and delivery of the Bonds for interest on the Bonds to remain excluded from gross income for federal income tax purposes. The City has covenanted to comply with such requirements. Noncompliance with such requirements may cause the interest on the Bonds to be included in gross income of the owners of the Bonds for federal income tax purposes, retroactive to the date of issue of the Bonds. Bond Counsel's opinion assumes compliance with these covenants, and Bond Counsel has not undertaken to determine, or to inform any person, whether any actions taken or not taken, or events occurring or not occurring, after the date of issuance of the Bonds may affect the tax status of interest on the Bonds Interest on a Bond owned by a foreign corporation may be subject to the branch profits tax imposed by the Code. Ownership of the Bonds may give rise to collateral federal income tax consequences to certain taxpayers, including, without limitation, financial institutions, property and casualty insurance companies, S corporations with Subchapter C earnings and profits, individual recipients of Social Security or Railroad Retirement benefits and taxpayers who may be deemed to have incurred or continued indebtedness to purchase or carry the Bonds. Bond Counsel expresses no opinion as to any such collateral federal income tax consequences. Purchasers of the Bonds should seek advice based on the purchaser's particular circumstances from their own tax advisor Qualified Tax - Exempt Obligations The City has designated the Bonds as "qualified tax - exempt obligations" within the meaning of Section 265(b)(3)(B) of the Code. Rating As noted on the cover page of this Official Statement, the City will apply for ratings for the Bonds from Standard & Poor's Ratings Services. 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 ratings, 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. No Continuing Disclosure Undertaking The aggregate principal amount of the Bonds is less than $1 million, therefore the issuance of the Bonds does not constitute an "Offering" under Securities and Exchange Commission Rule 15c2 -12 (the "Rule ") Consequently, the City does not undertake to provide financial information or operating data or notices of material events with respect to the Bonds pursuant to the Rule. 25 jp) A - 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 Preston Gates & Ellis LLP, Bond Counsel. A form of the opinion of Bond Counsel is attached hereto Bond Counsel will be compensated only upon the issuance and sale of the Bonds. Bond Counsel has not been retained to review and has not reviewed this Official Statement for completeness or accuracy and will not offer an opinion concerning this Official Statement. All or a portion of the fees of Bond Counsel are contingent upon the issuance and sale of the Bonds. Litigation There is no litigation pending or threatened questioning the validity of the Bonds nor the 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. On February 15, 2005, Congdon Orchards, Inc. and Congdon Development Company, LLC ( "Congdon ") filed a damage claim relating to Congdon's property, alleging Congdon has been wrongfully damaged by the City's alleged breaches of contract, negligence, tortuous conduct, breaches of duties, errors and omissions, and other wrongful conduct. Congdon alleges its damages exceed $21 million and are continuing. Congdon refers to dates from 2001 to 2005 in its claim. Congdon has not yet filed a lawsuit. It is unknown whether a suit will be pursued, therefore, the City cannot reasonably estimate the loss, if any, at this time. If a lawsuit is filed, the City intends to defend against the suit. Because of the nature of its activities, the City is subject to certain pending legal actions which arise in the ordinary course of business. The City believes, based on the information presently known, that the ultimate liability for any of such legal actions will not be material to the financial position of the City Official Statement In the Ordinance the City will deem final this Preliminary Official Statement as of its date for the purpose of Securities and Exchange Commission Rule 15c2 -12. Underwriting The Bonds are being purchased by Seattle - Northwest Securities Corporation, 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, plus accrued interest. 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. Concluding Statement All estimates, assumptions, statistical information and other statements contained herein, while taken from sources considered reliable, are not guaranteed by the Underwriter or the City So far as any statement 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 from the City The statements relating to the Ordinance are in summarized form, and in all respects are subject to and qualified in their entirety by express reference to the provisions of such document in its complete form. The agreements of the City are set forth in such documents, and the information assembled herein is not to be construed as a contract with the Owners of the Bonds Information with respect to the City set forth in this Official Statement has been supplied by the City, and the Underwriter has relied on the City with respect to the accuracy and sufficiency of such information. 26 , „ A F T Appendix A Form of Opinion of Bond Counsel A F T Appendix B Book -Entry Transfer System - AFT .r' THE D E P O S I T O R Y ' T,R U' S T G :O M A.'N; Y' SAMPLE OFFERING DOCUMENT LANGUAGE DESCRIBING BOOK- ENTRY -ONLY ISSUANCE (Prepared by DTC— bracketed material may be applicable only to certain issues) 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 (DTC'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 2.2 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 facil- itates the post -trade settlement among Direct Participants of sales and other securities transactions in deposited securities, through electronic computerized book -entry transfers and pledges 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, clear- ing corporations, and certain other organizations. DTC is a wholly -owned subsidiary of The Depository Trust & Clearing Corporation ( "DTCC ") DTCC, in turn, is owned by a number of Direct Participants of DTC and Members of the National Securities Clearing Corporation, Fixed Income Clearing Corporation and Emerging Markets Clearing Corporation (NSCC, FICC, and EMCC, also subsidiaries of DTCC), as well as by the New York Stock Exchange, Inc., the American Stock Exchange LLC, and the National Association of Securities Dealers, Inc. 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 Participant, either directly or indirectly ( "Indirect Participants ") DTC has Standard & Poor's highest rating: AAA. 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 and www dtc.org. 3. Purchases of Securities under the DTC system must be made 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 ro) NA 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 redemptions, 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 may 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.] 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 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, dis- bursement 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 mandatory 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 [3/04] Appendix C 2004 Annual Financial Report DRAFT BOND DEBT SERVICE City of Yakima, Washington Proposed 2005 LTGO Bonds Current non - insured, k -rated interest rates plus 50 basis points Dated Date 12/01/2005 Deli\en Date 12/01/2005 Penod Annual Ending Pnncipal Coupon Interest Debt Sen Debt Service 12/01/2005 06/01/2006 15 496 25 15 496 25 12/01/2006 60 000 3 450% 15,496 25 75,496 25 90 992 50 06/01/2007 14 461 25 14 461 25 12/01/2007 60 000 3 550% 14 461 25 74 461 25 88 922 50 06/01/2008 13 396 25 13 396 25 12/01/2008 65 000 3 650% 13 396 25 78.396 25 91 792 50 06/01/2009 12 210 00 12,210 00 12/01/2009 65 000 3 750% 12,210 00 77,210 00 89,420 00 06/01/2010 10 991 25 10 991 25 12/01/2010 65 000 3 850 °' 10 991 25 75 9O 25 86 982.50 06/01/2011 9 740 00 9,740 00 12/01/2011 70 000 4 000% 9,740 00 79,740 00 89,480 00 06/01/2012 8 340 00 8 340 00 12/01/2012 70 000 4 100% 8 340 00 78 340 00 86 680 00 06/01/2013 6 905 00 6 905 00 12/01/2013 75 000 4 200% 6 905 00 81,905 00 88,810 00 06/01/2014 5 330 00 5 330 00 12/01/2014 80 000 4 300% 5 330 00 85 330 00 90 660 00 06/01/2015 3 610 00 3 610 00 12/01/2015 80 000 4 350% 3 610 00 83 610 00 87,220 00 06/01/2016 1 870 00 1,870 00 12/01/2016 85 000 4 400% 1,870 00 86,870 00 88,740 00 775 000 204 700 00 979 700 00 979 700 00 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No IZ For Meeting Of November 1, 2005 ITEM TITLE An Ordinance of the City of Yakima, Washington, providing for the issuance of Limited Tax General Obligation (LTGO) Bonds of the City in the principal sum of not to exceed $825,000 to provide for parks improvements and providing for the form and terms of the bonds SUBMITTED BY Department of Finance and Budget CONTACT PERSON / TELEPHONE Rita Anson, Finance Director 575 -607W Tim Jensen, Treasury Services Of ' 6070 SUMMARY EXPLANATION On July 19, 2005, the City Council approved a joint report from the Public Works and Finance Departments detailing plans for the construction and funding of several Parks Capital projects, as listed below The funding for these projects will include a combination of grants, private contributions and LTGO bond proceeds • Fourth softball field at Kiwanis Park - $200,000, bond proceeds (Total cost: $550,000) • Water playgrounds at Washington and Miller parks - $250,000, bond proceeds • Kiwanis Park skate park - $225,000, bond proceeds (Total cost $300,000) • Feasibility study of regional aquatics center - $75,000, bond proceeds Continued on next page Resolution _ Ordinance X Other (Specify) Draft Preliminary Official Statement Contract Mail to (name and address) Phone Funding Source APPROVED FOR SUBMITTAL. CC;- —V City Manager STAFF RECOMMENDATION Pass Ordinance BOARD /COMMISSION RECOMMENDATION COUNCIL ACTION Ordinance passed. ORDINANCE NO. 2005-63 Continued from previous page The proposed LTGO bonds would be ten -year bonds, structured to produce approximately $750,000 for the above listed projects This ordinance requests approval for a maximum par amount of up to $825,000 to cover projected project needs, to pay bond issuance costs and to build in flexibility for changing market conditions and for variations from preliminary estimates Attached for Councils' consideration is a Bond Ordinance prepared by the City's Bond Counsel, Preston Gates and Ellis and city staff, and a draft Preliminary Official Statement prepared by Seattle Northwest Securities in conjunction with city staff Enclosed, you'll also find an estimated debt amortization schedule These documents identify the terms and conditions of the bond issue and provide information for the benefit of potential investors such as details about the City of Yakima, the intended use of the bond proceeds, etc Council should note that the final terms and conditions of the bond sale will not be known until the bonds are placed on the market and we have a purchase offer If approved by Council, staff anticipates placing these bonds for sale in the market on Monday, November 14, 2005 If results of the bond sale offer are satisfactory to staff, we would return to Council on Tuesday, November 15, 2005 with the purchase offer for consideration and action (approval or rejection) by Council If approved, staff anticipates a transaction closing date (at which time the City would receive the bond proceeds) on or about December 5, 2005 Passage of this Ordinance will authorize staff to take the necessary steps to bring the transaction to market. Legal /BD rev effective 7 /21/92 MEMORANDUM July 14, 2005 1. TO. Honorable Mayor, Council Members, and City Manager FROM. Chris Waarvick, Public Works Director Rita Anson, Finance Director SUBJECT Status on Park Improvements and Funding Considerations for Various Park Projects The following is a report from the Parks and Recreation Division and Finance Division on park improvement projects and funding considerations for Council approval. These actions are a result of the recent Council Study Session discussing future aquatic needs in the City of Yakima. This discussion falls into two phases; Phase 1 includes Items "A," "B," and "C." Phase If includes Item "D" and "E." Added at this time are discussions on future capital needs for the Parks and Recreation Division so Council can see how park improvement projects are related to funding considerations. Phase I -- $780,000 Council General Obligation Bond A) Water Playground Improvements for Washington and Miller Pool Sites With the proposed closure of Washington Pool in 2006, staff recommends that the new water playground be installed within the pool tank area of the park. In walking the park site with the contractor, there were many advantages of placing the water playground within the current pool site: 1. There is already a large deck area, gutter system and water /electrical access. 2. No trees will have to be removed. The area receives direct sunlight. 3. Martin Luther King Park is relatively small with nice contours. There is no large flat area with the exception of the pool site. 4. The main pool tank would become the water playground. 5. The small youth tank would be converted to a small Tot Lot for 2 -5 year olds. 6. There is enough deck space for benches and picnic tables for parents to watch their children. A proposed conceptual design is attached (Attachment 1) A smaller water playground has been designed for Miller Park. Its location would be in the center of the park The area is relatively flat, with direct sunlight. It appears that no trees would have to be removed. A proposed conceptual design is attached (Attachment 2). Attachment 3(a) and 3(b) are charts showing current water /sewer costs for Washington and Miller Pools. Although it is difficult to estimate exact utility costs for the proposed water playgrounds, staff has estimated, based upon percentage of usage, some calculation to give Council a sense of future utility costs. Our best guess is that water /sewer costs would be the dollar figure shown in the "25% Usage" column. Water Playground Construction Costs Washington Water Playground — $150,000 Miller Water Playground — $100,000 Total $250,000 Incorporate the $250,000 into a LTGO Bond. Debt Service would come from the dosure of Eisenhower, Miller, and Washington Pools over the next 10 years. B) Funding Needs for Completion of the Fourth Ballfield at the Gateway Sports Complex at Kiwanis Park Thanks to the hard work of our local State Representatives, the City will receive $350,000 to begin construction of the fourth ballfield at the Gateway Sports complex. The exact construction cost is still being analyzed by the contractor, however, the preliminary estimate is $550,000 Therefore, it is necessary for the City to provide an additional $200,000 to complete this project. It would be our intent to begin construction in the fall of 2005 with the field being playable in the fall of 2006. Gateway Fourth Ballfield Funding State CTED Funds $ 350,000 LTGO Bond $ 200,000 Total $ 550,000 Incorporate the $200,000 into a LTGO Bond. Debt Service would come from the dosure of Eisenhower, Miller, and Washington Pools over the next 10 years. ) 2 C) Future Completion of an Eastside Skatepark Council's focus has been on providing new recreational opportunities for eastside youth. With the help of the Apple Valley Kiwanis, plans are in the works and dollars are being raised by the service clubs and private sector to construct a skatepark at Kiwanis Park Earlier this month service club members, skaters, and staff interviewed and selected a firm called Grindline from the Seattle area to begin design work on the park. The funding for the design phase has been allocated through Community Block Grant funds. The design of the new skatepark should be complete early next year Kiwanis Park Skatepark Proposed Construction Costs City's Contribution $ 225,000 (1) Private Contributions $ 75,000 Total Proposed Cost $ 300,000 (1) See Section E— Finance Plan Incorporate the $225,000 into a LTGO Bond. Debt Service would come from net savings from the dosure of Eisenhower, Miller, and Washington Pools over the next 10 years. Phase II -- $1.5 Million Council General Obligation Bond D) Future Completion of Upper Kiwanis Park for Youth Little League Fields The City intends to apply for an IAC Grant in 2006 for construction of Little League Fields at Upper Kiwanis. The Rotary, Kiwanis, and Lions Trusts have committed $200,000 to assist with this effort. The cost to fully complete Upper Kiwanis is roughly $2 million, staff suggests that this project be further discussed in regard to possible funding options. Proposed Resources for Development of Upper Kiwanis IAC Grant Request $ 300,000 Service Club's Contribution $ 200,000 City's Contribution (Bond) $1,500,000 (1) Total $2,000,000 (1) See Section E— Finance Plan 3 E) Proposed Funding and Finance Plan for Pools, Ballfields, and Upper Kiwanis Youth Facilities Phase I Capital Improvement Projects -- $780,000 Bond The financing for this multi-phase project is proposed to be accomplished through two separate debt issuances. The first financing would include: Miller and Washington construction of water playgrounds - $250,000 (Item A), completion of the fourth ballfield at Kiwanis Park - $200,000 (Item B), a skatepark at Kiwanis Park, if approved by Council - $225,000 (Item C) and a feasibility study of an aquatics center, if approved by Council - $75,000 (Item F) for a total project cost of $750,000 Issuance costs (excluding insurance as it is likely not available on an issue of this size) are estimated to be $30,000, making the total par amount of the bonds $780,000 These would be Councilmatic LTGOs to be issued at the earliest, sometime in September Debt service for ten years for the total $780,000 bond would be approximately $101,000 annually (see estimated amortization schedule Attachment 4) and would be funded by savings from the closure of three swimming pools (Miller, Eisenhower, and Washington Pools). The first interest payment on the bonds, if we make the September date, would be due March 1, 2006. Principal payments would be due each September The estimated total interest cost on the issue would be approximately 4.66 %. Phase II Capital Improvement Projects -- $1.5 Million Bond When the second phase of the process is commenced, i.e. construction of Little League fields at Kiwanis Park, additional bonds of $1.5 million, plus issuance costs of approximately $50,000 would be issued, (Item D) The City will issue either Limited Tax General Obligation Bonds or voted property tax backed bonds (Unlimited Tax General Obligation Bonds) with estimated annual debt service requirements for 15 years of $148,000 (see estimated amortization schedule Attachment 5). Debt service funding for the second bond issue has not yet been determined, but it could come from an increase in the City's in -lieu tax for Parks, a voted property tax, a voted increase in the utility tax, or some other source to be determined. Recommendation Staff proposes that the Phase I C1P for the total project Councilmatic Bond of $780,000 be initiated immediately and a bond ordinance and Official Statement be submitted to Council within 45 days. 4 F) City Council Regional Aquatic Center Task Force Committee Staff recommends that Council establish a Task Force to study the feasibility of a regional aquatic center Council Members Neil McClure and Dave Edler have expressed their desire to co -chair the committee that would consist of an appropriate number of community members. The mission of the Regional Aquatic Task Force is to evaluate current aquatic facilities and programs, identify community aquatic needs, work with a consultant to study the feasibility of a regional aquatic center and identify financing strategies and options. The committee would meet as needed over the next 12 -18 months and make their recommendation to the Yakima City Council. Staff recommends appointment of committee members by early fall. During the 2006 Budget presentations, staff will bring forward a policy issue to hire an aquatic consultant to work with staff and the Aquatic Task Force on a feasibility study The Finance Plan (Item "E ") includes up to $75,000 to conduct the Feasibility Study for a Regional Aquatic Center G) Motion Authorizing $17,000 from City's Contingency Fund to Repair Franklin Pool Plumbing repairs were necessary at Franklin Pool prior to opening summer season. The cost for repair and water usage is $17,000. Staff recommends Council approval payment of $17,000 from the City's Contingency Fund to pay for unanticipated pool repairs. Summary Staff respectfully requests Council action on the following items: 1) Approve Phase I projects (Items "A," "B," and "C ") which include funding for the Water Playgrounds at Washington/MLK Park, Miller Park, and the Eastside Skatepark. Approve funding for the completion of the fourth Ballfield at the Gateway Sports Complex. 2) Direct staff to bring back legislation to issue a Councilmatic Bond for $780,000 funding the projects found above in Summary Item #1 and the $75,000 for the proposed 2006 Regional Aquatics Center Study policy issue. 3) Approve motion to create an Aquatic Task Force with Council Members Edler and McClure co-chairing (Item F). 4) Authorize by Council Motion approval of $17,000 from the City's Contingency Fund for necessary repairs to Franklin Pool (Item G). 5