HomeMy WebLinkAboutORD 4068 r
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CITY OF RENTON, WASHINGTON
ORDINANCE N0. 4068
AN ORDINANCE relating to the waterworks utility
of the City, including the sewerage system as a part
thereof; amending Ordinance No . 2020; specifying and
adopting a system or plan of additions to and better-
ments and extensions of the waterworks utility;
providing for the issuance of $3, 375, 000 par value of
Water and Sewer Revenue Bonds , 1987, of the City for
the purpose of obtaining a part of the funds with
which to pay the cost of carrying out that system or
plan; fixing the date, form, denomination, maturi-
ties, maximum interest rate, terms and covenants of
such bonds; creating a special bond redemption
account to provide for the payment of the bonds; and
providing for the sale of such bonds .
WHEREAS, by Ordinance No . 1156, as amended by Ordinances
Nos . 1157 and 1173 , the sewerage system of the City of Renton
(the "City" ) has become and is considered a part of the water-
works utility of the City (defined below as the "Waterworks
Utility of the City" ) ; and
WHEREAS, by Ordinance No . 2020 the system of storm or
surface water sewers was determined to consist as a part of the
sewerage system and, together with the sewerage system, combined
with the Waterworks Utility of the City; and
WHEREAS, by Section 2 of Ordinance No . 2020 the City
provided (in accordance with the then limitations of RCW
35 . 67 . 192 , which was subsequently repealed by Chapter 110 , Laws
of 1965) that no charges for storm or surface water removal
should be made to pay principal of and interest on bonds issued
to provide funds to pay part or all of the cost of acquiring,
constructing or installing storm or surface water sewers; and
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WHEREAS, the City previously has issued $315, 000 par value
of City of Renton Water and Sewer Refunding and Improvement
Revenue Bonds , 1953 (the "1953 Bonds" ) , dated March 1, 1953 ,
pursuant to Ordinances Nos . 1450 and 1452 ; and
WHEREAS, by Section 15 of Ordinance No . 1450 , the City
reserved the right to issue additional water and sewer revenue
bonds which would constitute a charge and lien upon the revenue
of the Waterworks Utility of the City on a parity with the 1953
Bonds on compliance at the time of the issuance of such addi-
tional bonds with the following conditions :
" (A) All payments required by this ordinance to
be paid into the ' Renton 1953 Water and Sewer Refund-
ing and Improvement Revenue Bond Fund' shall have
been made; and
" (B) The revenues of said waterworks system,
including the sewerage system, shall be and be deemed
sufficient, after the payment of operation and
maintenance costs and taxes , based upon the histori-
cal experience of said systems or the pro forma
revenues under then existing rates over a period of
any twenty-four consecutive months out of the thirty-
six months immediately preceding the time of the
issuance of such additional bonds, to equal at least
1 . 5 times the average annual principal and interest
requirements of the bonds of this issue then out-
standing and of the revenue bonds proposed to be so
issued. Such determination of the sufficiency of the
revenues shall be made and certified to by an
engineer experienced in municipal utilities; and
" (C) The Ordinance authorizing the issuance of
such additional revenue bonds shall provide for the
setting aside into a reserve fund or account of an
amount not less than the average annual debt service
requirement, both principal and interest of the
additional revenue bonds proposed to be so issued,
which reserve fund or account shall be maintained in
such amount so long as any of said bonds are out-
standinq to the last maturity thereof" ;
and
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WHEREAS, the City thereafter issued $325 , 000 par value of
Water and Sewer Revenue Bonds , 1954 , dated September l, 1954 ,
pursuant to Ordinance No . 1489 (the " 1954 Bonds" ) ; $750 , 000 par
value of Water and Sewer Revenue Bonds , 1959 , dated July 1,
1959 , pursuant to Ordinance No . 1766 (the " 1959 Bonds" ) ;
$500, 000 par value of Water and Sewer Revenue Bonds, 1965 , dated
May l, 1965, pursuant to Ordinance No . 2151 (the " 1965 Bonds" ) ;
$545 , 000 par value of Water and Sewer Revenue Refunding Bonds ,
1965, dated December 15 , 1965 , pursuant to Ordinance No . 2195
("the 1965 Refunding Bonds" ) , for the purpose of refunding,
redeeming and retiring on July l, 1974 , all of the then out-
standing 1959 Bonds ; $3 , 000, 000 par value of Water and Sewer
Revenue Bonds, 1975 , dated July 1, 1975 , pursuant to Ordinance
No . 2930 (the "1975 Bonds" ) ; $2 , 950 , 000 par value of Water and
Sewer Revenue Refunding Bonds , 1976, dated February l, 1976,
pursuant to Ordinance No . 3007 (the "1976 Bonds" ) , for the
purpose of refunding, redeeming and retirinq on January l, 1989 ,
and July l, 1989 , all of the then outstanding 1975 Bonds ;
$3 , 095, 000 par value of Water and Sewer Revenue Refunding Bonds ,
1977, dated June 1, 1977, pursuant to Ordinance No . 3141, as
amended by Ordinance No . 3145 (the " 1977 Bonds" ) , for the
purpose of providing a part of the money required to pay the
principal of and interest on the 1976 Bonds coming due to and
including July l, 1989 , and to redeem and retire on July l,
1989, the outstanding 1976 Bonds numbered 96 to 590, inclusive,
maturing from July 1, 1990, to July l, 2000, inclusive; and
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$800 , 000 par value of Water and Sewer Revenue Refunding Bonds ,
1977, Issue No. 2 , dated November l, 1977 , pursuant to Ordinance
No . 3169 (the "1977 Bonds, Issue No . 2" ) , for the purpose of
obtaining a part of the funds with which to refund, pay and
retire the outstanding 1954 Bonds , 1965 Bonds and 1965 Refunding
Bonds , all of which bonds at the time of their issuance were
issued on a parity of lien with the then outstanding 1953 Bonds
and with each other pursuant to the provisions of Section 15 of
Ordinance No . 1450, such parity issues of bonds beinq a first
lien and charge upon the gross revenue of the Waterworks Utility
of the City, excluding charges for maintenance and operation,
except that all of the 1953 Bonds have now been paid and
retired, and except the conditions of subparagraph (B) of
Section 15 of Ordinance No . 1450 were modified by Section 12 of
Ordinance No . 2930 pertaining to the 1975 Bonds, and by Section
13 of Ordinance No . 3169 pertaining to the outstanding 1977
Bonds , Issue No . 2 , as to any parity bonds issued in the future,
and the City, by Section 13 of Ordinance No . 3169 , reserved the
right to issue Future Parity Bonds (as therein defined) which
will constitute a lien and charge upon the qross revenue of the
Waterworks Utility of the City on a parity with the 1977 Bonds ,
Issue No . 2 , if the conditions set forth in Section 15 of
Ordinance No . 1450, as modified, are met and complied with at
the time of the issuance of such Future Parity Bonds , which
section was incorporated by reference in Ordinance No . 3169 and
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made a part thereof and shall continue to be applicable even
though the 1953 Bonds have been paid and retired; and
WHEREAS, the City issued $3 , 045 , 000 par value of Water and
Sewer Revenue Refunding Bonds , 1977, Issue No . 3 , dated December
l, 1977, pursuant to Ordinance No . 3188 (the "1977 Bonds , Issue
No . 3" ) , for the purpose of obtaining a part of the funds with
which to refund, pay and retire all of the then outstanding 1977
Bonds; $1, 500 , 000 par value of Water and Sewer Revenue Bonds,
1983 , dated May l, 1983 , pursuant to Ordinance No . 3720 (the
"1983 Bonds" ) , for the purpose of carrying out a system or plan
of additions to and betterments and extensions of the Waterworks
Utility of the City; $2 , 600, 000 par value of Water and Sewer
Revenue Bonds , 1985, dated April l, 1985 , pursuant to Ordinance
No . 3896 (the "1985 Bonds" ) , for the purpose of carrying out a
system or plan of additions to and betterments and extensions of
the Waterworks Utility of the City; $1, 800, 000 par value of
Water and Sewer Revenue Bonds, 1986 , dated February 1, 1986 ,
pursuant to Ordinance No . 3970 (the " 1986 Bonds" ) , for the
purpose of carrying out a system or plan of additions to and
betterments and extensions of the Waterworks Utility of the
City, which 1977 Bonds, Issue No . 3 , 1983 Bonds , 1985 Bonds and
1986 Bonds were issued on a parity of lien with the outstanding
1977 Bonds, Issue No . 2 , pursuant to the provisions of Section
15 of Ordinance No . 1450, as modified by Section 13 of Ordinance
No . 3169 and, with respect to the 1985 Bonds and 1986 Bonds , as
modified by Section 12 of Ordinance No . 3720 ; and
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WHEREAS, the 1977 Bonds, Issue No . 2 , the 1977 Bonds, Issue
No . 3 , the 1983 Bonds, the 1985 Bonds and the 1986 Bonds are the
only bonds presently outstanding payable out of the revenue of
the Waterworks Utility of the City; and
WHEREAS, the parity provisions of Section 15 of Ordinance
No . 1450, as modified by Section 13 of Ordinance No . 3169 and
Section 12 of Ordinance No . 3720 , provide that the City may
issue additional water and sewer revenue bonds which will
constitute a charge and lien upon the revenue of the Waterworks
Utility of the City on a parity with the 1977 Bonds , Issue No .
2 , the 1977 Bonds, Issue No . 3 , the 1983 Bonds , the 1985 Bonds,
the 1986 Bonds and any bonds issued thereafter and having a
charge and lien upon the revenue of the Waterworks Utility of
the City on a parity with such bonds on compliance at the time
of the issuance of such additional bonds with the following
conditions :
" (A) All payments required by any ordinance to
be paid into any bond redemption funds and accounts
thereof created to secure the payment of bonds issued
on a parity of lien herewith shall have been made
into the respective bond redemption funds and
accounts thereof for the payment of such bonds and no
deficiency exists therein; and
" (B) The revenues of said waterworks system,
including the sewerage system, shall be and be deemed
sufficient, after the payment of operation and
maintenance costs and taxes , based upon the histori-
cal experience of said systems or the pro forma
revenues under then existing rates over a period of
any twenty-four consecutive months out of the thirty-
six months immediately preceding the time of the
issuance of such additional bonds, to equal at least
1 .3 times the average annual principal and interest
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requirements of the bonds of this issue then out-
standing and of the revenue bonds proposed to be so
issued. Such determination of the sufficiency of the
revenues shall be made and certified to by an
engineer experienced in municipal utilities; and
" (C) The Ordinance authorizing the issuance of
such additional revenue bonds shall provide for the
setting aside into a reserve fund or account of an
amount not less than the average annual debt service
requirement, both principal and interest of the
additional revenue bonds proposed to be so issued,
which reserve fund or account shall be maintained in
such amount so lonq as any of said bonds are out-
standing to the last maturity thereof" ; and
WHEREAS, on June 11, 1984 , the City Council passed and the
Mayor approved Resolutions Nos . 2546 and 2547 adopting the 1983
Comprehensive Sanitary Sewer Plan and 1983 Comprehensive Water
System Plan, respectively, for the City, but for the purpose of
financing facilities in those plans it is necessary to specify
and adopt them by ordinance; and
WHEREAS, the City Council has determined that it is neces-
sary and in the best interests of the City that certain addi-
tional improvements described in the 1983 Comprehensive Water
System Plan, 1983, be made and there be adopted a system or plan
of additions to and betterments and extensions of the Waterworks
Utility of the City; and
WHEREAS, the City Council has determined that it is neces-
sary to issue and sell $3 , 375, 000 par value of water and sewer
revenue bonds to provide a part of the funds necessary to carry
out such system or plan providing for additions to and better-
ments and extensions of the Waterworks Utility of the City and
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to pay the costs of issuance and sale of the water and sewer
revenue bonds provided for herein; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
ORDAIN, as follows :
SECTION I . As used in this ordinance, the following words
shall have the following meanings :
"Annual Debt Service" for the Bonds shall mean all the
interest plus all principal which will mature or come due in any
year .
"Average Annual Debt Service" shall mean the sum of the
Annual Debt Service for the remaining years to the last sched-
uled maturity of the Bonds divided by the number of those years .
"Bond Fund" shall mean that special fund of the City known
as the 1987 Water and Sewer Revenue Bond Redemption Account
created by this ordinance as a separate account in the Water and
Sewer Revenue Parity Bond Fund for the payment of the principal
of and interest on the Bonds .
"Bond Registrar" shall mean the fiscal agencies of the
State of Washington in Seattle, Washington, and New York, New
York, as the same shall be designated from time to time .
"Bonds" shall mean the $3 ,375, 000 par value City of Renton
Water and Sewer Revenue Bonds, 1987, authorized to be issued by
this ordinance.
"City" shall mean the City of Renton, Washington, a duly
organized and legally existing noncharter code city under the
laws of the State of Washinqton.
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ORDINANCE NO. 4068
"Future Parity Bonds" shall mean all water and sewer
revenue bonds of the City issued after the date of the issuance
of the Bonds and having a lien and charge upon the Revenue of
the Waterworks Utility of the City on a parity with the lien and
charge upon such Revenue for the payment of the principal of and
interest on the Outstanding Parity Bonds and the Bonds .
"Maintenance and Operation Expense" shall mean all expenses
incurred by the City in causing the Waterworks Utility of the
City to be operated and maintained in good repair, working order
and condition, which shall not include any depreciation expenses
or taxes or charges in lieu of taxes levied or imposed by the
City.
"Outstanding Parity Bonds" shall mean the 1977 Bonds , Issue
No . 2 , the 1977 Bonds , Issue No . 3 , the 1983 Bonds , the 1985
Bonds and the 1986 Bonds .
"Principal and Interest Account" shall mean the subaccount
of that name created in the Bond Fund by this ordinance for the
payment of the principal of and interest on the Bonds .
"Reserve Account" shall mean the subaccount of that name
created in the Bond Fund by this ordinance for the purpose of
securing the payment of the principal of and interest on the
Bonds .
"Revenue of the Waterworks Utility of the City" shall mean
all the earnings and revenue received by the Waterworks Utility
of the City from any source whatsoever, including payments
received under contract with other municipal corporations for
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ORDINANCE NO. 4068
water service, except general taxes, charqes in lieu of taxes ,
assessments in any utility local improvement district hereafter
created, proceeds from the sale of City property, bond proceeds
and earnings subject to a federal tax or rebate requirement .
"Term Bonds" shall mean any Outstanding Parity Bonds , Bonds
and/or Future Parity Bonds identified as such in the ordinance
authorizing the issuance thereof , the payment of which is
provided for by a requirement for mandatory deposits of money
into the principal and interest account of the bond redemption
fund created for the payment of such issue of bonds in accord-
ance with a mandatory sinking fund requirement .
"Water and Sewer Revenue Parity Bond Fund" shall mean the
fund of that name created by Ordinance No . 3896 .
"Waterworks Utility Fund of the City" shall mean that
special fund of the City into which all of the Revenue of the
Waterworks Utility of the City (except for earnings in any
special fund for the redemption of revenue obligations of the
Waterworks Utility) shall be deposited.
"Waterworks Utility of the City" shall mean the combined
water and sewerage systems, including the storm and surface
water sewers, of the City as the same may be added to, improved
and extended for as long as any of the Outstanding Parity Bonds ,
the Bonds and any Future Parity Bonds are outstanding .
SECTION II . Section II of Ordinance No . 2020 is amended to
read as follows :
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SECTION II . The City Council finds that the acquisition,
construction, installation, maintenance, conduct and operation
of the storm or surface water sewers are necessary for the
proper and efficient operation of a system of sanitary sewerage
disposal . The City of Renton ' s sewerage system is hereby
determined to consist of the combined sanitary sewage disposal
and storm or surface water sewers , pursuant to RCW 35 . 67. 010 ,
together with all additions , extensions and betterments thereto
and the same are made and confirmed as a part of the City' s
municipal water system so that the City' s water and sewage funds
be consolidated and combined into one fund to be known hereafter
as the Waterworks Utility Fund, but separate and distinct
subsidiary records shall be kept at all times for cost or
statistical purposes between such funds, and the existing
sewerage system, as hereinabove defined, including all addi-
tions, extensions and betterments thereto, including all reve-
nues derived therefrom, shall be and become a part of such
Waterworks Utility.
SECTION III . The City specifies, adopts and orders the
carrying out of a system or plan of additions to and betterments
and extensions of the Waterworks Utility of the City consisting
of the improvements, acquisitions and work described in Exhibit
A attached hereto and by this reference made a part hereof .
There shall be included in the foregoing system or plan the
acquisition and installation of all necessary valves, pumps,
fittings , couplings, connections, equipment and appurtenances ,
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the acquisition of any easements , rights-of-way and land that
may be required and the performance of such work as may be
incidental thereto and necessary.
All of the foregoinq shall be in accordance with the plans
and specifications therefor prepared by the City' s engineers and
consultinq engineers .
The City Council may modify the details of the foregoinq
system or plan where, in its judgment , it appears advisable if
such modifications do not substantially alter the purposes of
that system or plan.
The life of the improvements comprising the foregoing
system or plan of additions to and betterments and extensions of
the Waterworks Utility of the City is declared to be at least
twenty years . The estimated cost of the acquisition, construc-
tion, installation and financing of the above-described improve-
ments, including the costs of issuance and sale of the Bonds, is
declared to be approximately $4 , 358, 000 . Such cost shall be
paid from the proceeds of the Bonds authorized in this ordinance
and other money of or received by the City which is made avail-
able therefor .
SECTION IV. The City Council finds that all payments
required by Ordinances Nos . 3169 , 3188 , 3720 , 3896 and 3970 for
the Outstanding Parity Bonds have been made into the respective
bond redemption funds and accounts therein for the Outstanding
Parity Bonds, that provision is hereinafter made for the accumu-
lation of the amounts required in the Reserve Account of the
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Bond Fund, and that there will be on file prior to the issuance
and delivery of the Bonds a certificate of Richard H. Harbert of
RH2 Engineering, P. S. , an engineer experienced in municipal
utilities , that the Revenue of the Waterworks Utility is suffi-
cient to meet the 1 . 3 coverage requirement of those ordinances .
SECTION V. For the purpose of providinq a part of the
money required to carry out the system or plan of additions to
and betterments and extensions of the Waterworks Utility of the
City, including the cost of issuance and sale of the Bonds , as
herein specified, adopted and ordered to be carried out , the
City shall issue the Bonds in the aggregate principal amount of
$3 , 375, 000 . The Bonds shall be designated City of Renton Water
and Sewer Revenue Bonds, 1987 (defined above as the "Bonds" ) ;
shall be dated June 1, 1987; shall be in the denomination of
$5, 000 or any integral multiple thereof within a single matur-
ity; shall be numbered separately in the manner and with any
additional designation as the Bond Registrar deems necessary for
the purpose of identification; and shall bear interest, computed
on the basis of a 360-day year of twelve 30-day months, payable
on June 1, 1988, and semiannually thereafter on each succeeding
December 1 and June 1. The Bonds shall bear interest at the
rates and mature on June 1 in years and amounts as follows :
Maturity Interest
Years Amounts Rates
1989 $100 , 000 5 . 40%
1990 105 , 000 5 . 60
1991 110, 000 5 . 80
1992 120 , 000 6 . 00
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Maturity Interest
Years Amounts Rates
1993 $125, 000 6 . 20%
1994 135 , 000 6 . 35
1995 145 , 000 6 . 50
1996 155 , 000 6 . 70
1997 165 , 000 6 . 90
1998 180, 000 7 . 00
1999 190, 000 7 . 15
2000 205 , 000 7 . 30
2001 225, 000 7 . 50
2002 240 , 000 7 . 70
2003 260, 000 7 . 80
2004 280, 000 7 . 80
2005 305, 000 7 . 80
2006 330 , 000 7 . 80
If any Bond is not redeemed upon proper presentment at its
maturity or call date, the City shall be obligated to pay
interest at the same rate for each such Bond from and after its
maturity or call date until such Bond, both principal and
interest, is paid in full or until sufficient money for such
payment in full is on deposit in the Bond Fund and such Bond has
been duly called for payment .
The Bonds shall be issued only in registered form as to
both principal and interest and recorded in the books and
records maintained by the Bond Registrar (the "Bond Register" ) .
The Bond Register shall contain the name and mailing address of
the owner of each Bond and the principal amount and number of
Bonds held by each owner .
Both principal of and interest on the Bonds shall be
payable in lawful money of the United States of America .
Interest on the Bonds shall be paid by check or draft mailed to
the registered owners at the addresses appearing on the Bond
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Register on the fifteenth day of the month preceding the inter-
est payment date or, if requested in writing by the registered
owner of any Bond, by wire transfer on the interest payment
date. Principal of the Bonds shall be payable upon presentation
and surrender of the Bonds at either principal office of the
Bond Reqistrar in Seattle, Washington, or New York, New York, at
the option of such owners . The Bonds shall be payable solely
out of the Bond Fund and shall be a valid claim of the owners
thereof only as against such Bond Fund and the amount of the
Revenue of the Waterworks Utility of the City pledged to such
fund, and shall not be general obligations of the City.
Upon surrender thereof to the Bond Registrar , Bonds may be
exchanged for Bonds in any authorized denomination of an equal
aggregate principal amount and of the same interest rate and
maturity. Bonds may be transferred only if endorsed in the
manner provided thereon and surrendered to the Bond Registrar .
Such transfer or exchange shall be without cost to the owner or
transferee . The Bond Registrar shall not be required to trans-
fer or exchange any Bond during the fifteen days preceding any
principal payment or redemption date.
SECTION VI . The Bonds maturing in the years 1989 to 1997,
inclusive, shall be issued without the right or option of the
City to redeem the same prior to their stated maturity dates .
The City reserves the right and option to redeem the Bonds
maturing on or after June 1, 1998, prior to their stated matur-
ity dates as a whole, or in part in inverse order of maturity
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ORDINANCE NO. 4068
(and by lot within a maturity in such manner as the Bond Regis-
trar shall determine) , from money derived from any source, on
June 1, 1997, and on any interest payment date thereafter, at
par plus accrued interest to the date fixed for redemption.
Portions of the principal amount of any Bond, in install-
ments of $5 , 000 or any integral multiple thereof , may be
redeemed. If less than all of the principal amount of any Bond
is redeemed, upon surrender of such Bond at the principal office
of the Bond Registrar , there shall be issued to the registered
owner, without charge therefor, a new Bond (or Bonds at the
option of the registered owner) , of like maturity and interest
rate in any of the denominations authorized by this ordinance .
Notice of any call for redemption of any of the Bonds prior
to their stated maturity dates shall be given not less than 30
nor more than 60 days prior to the date fixed for redemption by
first class mail , postage prepaid, to the registered owner of
any Bond to be redeemed at the address appearing on the Bond
Register . The requirements of this section shall be deemed to
be complied with when notice is mailed as herein provided,
whether or not it is actually received by the owner of any
Bond. Interest on any Bonds so called for redemption shall
cease on the date fixed for such redemption upon payment of the
redemption price into the Bond Fund. Notice of such intended
redemption also shall be mailed within the same period, postage
prepaid, to Moody' s Investors Service, Inc. , and Standard &
Poor ' s Corporation at their offices in New York, New York, or
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ORDINANCE N0. 4068
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their successors , to Seattle-Northwest Securities Corporation at
its office in Seattle, Washington, or its successor, and to such
other persons and with such additional information as the City
Finance Director shall determine, but such mailings shall not be
a condition precedent to the redemption of such Bonds .
The City further reserves the right and option to purchase
any or all of the Bonds in the open market at any time at a
price not in excess of par plus accrued interest to the date of
such purchase.
SECTION VII . There is created the 1987 Water and Sewer
Revenue Bond Redemption Account , heretofore defined as the Bond
Fund, which shall be a separate bond redemption account within
the Water and Sewer Revenue Parity Bond Fund. The Bond Fund is
divided into two subaccounts , the Principal and Interest Account
and the Reserve Account . So long as Bonds are outstanding
against the Bond Fund, the City Finance Director shall (a) set
aside and pay into the Principal and Interest Account out of the
Revenue of the Waterworks Utility of the City a fixed amount,
without regard to any fixed proportion, namely, monthly, on or
before the first day of each month beginning with the month of
June, 1987, an amount, together with the accrued interest
received upon the delivery of the Bonds to the initial purchaser
thereof , equal to 1/12 of the amount of interest payable on the
Bonds on June l, 1988, and thereafter 1/6 of the next ensuing
six months ' requirements for interest and 1/12 of the next
ensuing twelve months ' requirements for principal on the Bonds
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� ORDINANCE NO. 4068
and continuing thereafter until the Bonds, both principal and
interest, are paid in full , and (b) set aside and pay into the
Reserve Account out of the Revenue of the Waterworks Utility of
the City in substantially equal monthly payments such amounts so
that by no later than June l, 1992 , there shall have been
accumulated in the Reserve Account for the Bonds an amount not
less than the Average Annual Debt Service for the Bonds .
The Reserve Account in the Bond Fund may be accumulated
from any other money which the City may have available for such
purpose in addition to or in lieu of using such revenue therefor .
The City further agrees that when such required amounts
have been paid into the Reserve Account in the Bond Fund, the
City will at all times, except for withdrawals therefrom as
authorized herein, maintain those amounts therein until there is
sufficient money in the Bond Fund, including the Reserve Account
therein, to pay the principal of and interest to maturity on all
outstanding Bonds, at which time no further payments need be
made into the Bond Fund and the money in the Bond Fund, includ-
ing the Reserve Account, may be used to pay such principal and
interest .
In the event there shall be a deficiency in the Principal
and Interest Account to meet maturing installments of either
principal or interest, as the case may be, on the Bonds , such
deficiency shall be made up from the Reserve Account by the
withdrawal of cash therefrom for that purpose. Any deficiency
created in the Reserve Account by reason of any such withdrawal
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shall then be made up from the Revenue of the Waterworks Utility
of the City first available after making necessary provisions
for the required payments into the Principal and Interest
Account .
All money in the Reserve Account not needed to meet the
payments of principal and interest when due may be kept on
deposit in the official bank depository of the City or in any
national bank or may be invested in any legal investment for
City funds maturing not later than the interest or principal and
interest payment date when such money will be needed. Interest
on any such investment or on such bank account shall be depos-
ited in and become a part of the Reserve Account until the total
required reserve amount shall have been accumulated therein,
after which time such interest shall be deposited in the Princi-
pal and Interest Account .
Notwithstanding the provisions for the deposit or mainte-
nance of earnings in accounts of the Bond Fund, any earnings
which are subject to a federal tax or rebate requirement may be
withdrawn from the Bond Fund for deposit into a separate fund or
account for that purpose.
If the City shall fail to set aside and pay into the Bond
Fund the amounts set forth above, the owner of any of the
outstanding Bonds may bring an action against the City to compel
such setting aside and payment .
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� ORDINANCE N0. 4068 .
SECTION VIII . Funds in the Waterworks Utility Fund of the
City (other than in any bond redemption or federal rebate
account) shall be used in the following order of priority:
(a) To pay Maintenance and Operation Expense;
(b) To pay the interest on the Outstanding Parity
Bonds , the Bonds and any Future Parity Bonds ;
(c) To pay the principal of the Outstanding Parity
Bonds , the Bonds and any Future Parity Bonds ;
(d) To make all payments required to be made into
any sinking fund or bond redemption fund here-
after created for the payment of Future Parity
Bonds which are Term Bonds ;
(e) To make all payments required to be made into
the reserve accounts created to secure the
payment of the Outstanding Parity Bonds, the
Bonds and any Future Parity Bonds ;
(f) To make all payments required to be made into
any revenue bond optional redemption fund or
warrant redemption fund and debt service account
or reserve account created to pay and secure the
payment of the principal of and interest on any
revenue bonds or revenue warrants of the City
having a lien upon the Revenue of the Waterworks
Utility junior and inferior to the lien thereon
for the payment of the principal of and interest
on the Outstanding Parity Bonds, the Bonds and
any Future Parity Bonds; and
(g) To retire by optional redemption or purchase in
the open market any outstanding revenue bonds or
revenue warrants of the City, to make necessary
additions, betterments , improvements and repairs
to or extensions and replacements of the Water-
works Utility of the City, or for any other
lawful City purpose.
SECTION IX. The Revenue of the Waterworks Utility of the
City is pledged to the payments set forth in Section VII , and
the Bonds shall constitute a lien and charge upon such revenue
prior and superior to any other charges whatsoever, excluding
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ORDINANCE NO. 4068
, ,
Maintenance and Operation Expense, except that the lien and
charge upon such revenue for the Bonds shall be on a parity with
the lien and charge thereon for the Outstanding Parity Bonds and
any Future Parity Bonds hereafter issued.
SECTION X. In the judgment of the City Council, the
Revenue and benefits to be derived from the operation and
maintenance of the Waterworks Utility of the City, at the rates
to be charged for water, sanitary sewage disposal service and
storm and surface water drainaqe service in the entire utility,
will be more than sufficient to meet all Maintenance and Opera-
tion Expense (and cost of maintenance and operation of the
Waterworks Utility as that term is used in RCW 35 . 92 . 100) and
the debt service requirements of the Outstanding Parity Bonds
and to permit the setting aside in the Bond Fund, out of the
revenue of the entire utility, of amounts sufficient to pay the
interest on the Bonds as such interest becomes payable and to
pay and redeem all of the Bonds at maturity. The City Council
further declares that in creating the Bond Fund and in fixing
the amounts to be paid into the same, as aforesaid, it has
exercised due regard for the Maintenance and Operation Expense
(and costs of maintenance and operation as used in RCW
35 . 92 . 100) and the debt service requirements of the presently
outstandinq Outstanding Parity Bonds and the City has not bound
and obligated itself to set aside and pay into the Bond Fund a
greater amount or proportion of the revenue of such utility than
in the judgment of the City Council will be available over and
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' ORDI�TANCE N0. 4068 ,
above such Maintenance and Operation Expense (and such costs of
maintenance and operation) and debt service requirements of the
Outstanding Parity Bonds and that no portion of the Revenue of
the Waterworks Utility of the City has been previously pledged
for any unrefunded indebtedness other than the payment of the
presently outstanding Outstanding Parity Bonds .
SECTION XI . The City covenants and agrees with the owner
of each Bond at any time outstanding as follows :
(a) It will establish, maintain and collect such
rates and charges for water, sanitary sewage disposal
service and storm and surface water drainage service
so long as any Outstanding Parity Bonds and Bonds are
outstanding as will make available for the payment of
the principal of and interest on such bonds an amount
equal to at least 1 .3 times the average annual debt
service requirements, both principal and interest, on
the Outstanding Parity Bonds and the Bonds after
deducting Maintenance and Operation Expense from the
Revenue of the Waterworks Utility of the City.
"Averaqe annual debt service requirements" shall mean
the aggreqate amount of principal and interest payable
in each year over the remaining life of such Outstand-
ing Parity Bonds and Bonds divided by the number of
maturity years remaining to the last maturity of the
longest maturing issue, being the year 2006 .
(b) It will at all times maintain and keep the
Waterworks Utility of the City in good repair, working
order and condition and also will at all times operate
such Utility and the business in connection therewith
in an efficient manner and at a reasonable cost .
(c) It will not sell, lease, mortgage or in any
manner encumber or dispose of all the property of the
Waterworks Utility of the City unless provision is
made for payment into each of the Renton 1977 Water
and Sewer Revenue Refunding Bond Redemption Fund, No .
2 (the " 1977 Bonds, Issue No . 2 Bond Fund") , the
Renton 1977 Water and Sewer Revenue Refunding Bond
Redemption Fund, No . 3 (the "1977 Bonds, Issue No . 3
Bond Fund" ) , the Renton 1983 Water and Sewer Revenue
Bond Fund (the " 1983 Bond Fund" ) , and in the 1985
Water and Sewer Revenue Bond Redemption Account (the
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' ORDINANCE N0. 4068
. ti ,
"1985 Bond Fund" ) , the 1986 Water and Sewer Revenue
Bond Account (the "1986 Bond Fund" ) and the Bond Fund
in the Water and Sewer Revenue Parity Bond Fund of
sums sufficient to pay, respectively, the principal of
and interest on all 1977 Bonds , Issue No . 2 , 1977
Bonds, Issue No . 3 , 1983 Bonds, 1985 Bonds , 1986 Bonds
and the Bonds at any time outstanding, and that it
will not sell , lease, mortgage, or in any manner
encumber or dispose of any part of the property of the
Waterworks Utility of the City that is used, useful
and material to the operation thereof , unless provi-
sion is made for replacement thereof , or for payment
into the 1977 Bonds, Issue No . 2 Bond Fund, the 1977
Bonds , Issue No . 3 Bond Fund, the 1983 Bond Fund, the
1985 Bond Fund, the 1986 Bond Fund and the Bond Fund
in the Water and Sewer Revenue Parity Bond Fund of the
total amount of revenue received which shall not be
less than an amount which shall bear the same ratio to
the amount of the outstandinq 1977 Bonds, Issue No . 2 ,
1977 Bonds, Issue No . 3 , 1983 Bonds , 1985 Bonds , 1986
Bonds and Bonds , respectively, as the revenue avail-
able for debt service for such outstanding bonds for
the twelve months preceding such sale, lease, encum-
brance or disposal from the portion of the utility
sold, leased, encumbered or disposed of bears to the
revenue available for debt service for such bonds from
the entire utility for the same period. Any such
money so paid into such funds shall be used to retire
such outstanding bonds at the earliest possible date.
(d) It will while any of the Bonds remains
outstanding keep proper and separate accounts and
records in which complete and separate entries shall
be made of all transactions relating to the Waterworks
Utility of the City, and it will furnish the original
purchaser or purchasers of the Bonds or any subsequent
owner or owners thereof at the written request of such
owner or owners complete operating and income state-
ments of such utility in reasonable detail issued in
any calendar year not more than ninety days after the
close of such calendar year, and it will qrant any
owner or owners of at least twenty-five percent of the
outstanding Bonds the right at all reasonable times to
inspect the entire Waterworks Utility of the City and
all records , accounts and data of the City relating
thereto . Upon request of any owner of any of the
Bonds, it also will furnish to such owner a copy of
the most recently completed audit of the City' s
accounts by the State Auditor of Washington.
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ORDINANCE NO. 4068
(e) It will not furnish water, sanitary sewage
disposal service or storm and surface water drainage
service to any customer whatsoever free of charge and
promptly will take legal action to enforce collection
of all delinquent accounts .
(f) It will carry the types of insurance on the
Waterworks Utility of the City properties in the
amounts normally carried by private water and sewer
companies engaged in the operation of water and
sewerage systems, and the cost of such insurance shall
be considered a part of operating and maintaining such
utility. If , as , and when the United States of
America or some agency thereof shall provide for war
risk insurance, the City further agrees to take out
and maintain such insurance on all or such portions of
such utility on which such war risk insurance may be
written in an amount or amounts to cover adequately
the value thereof .
(g) It will pay all Maintenance and Operation
Expense and the debt service requirements for the
Outstanding Parity Bonds and the outstanding Bonds ,
and otherwise meet the obligations of the City as
herein set forth.
(h) It will take all actions necessary to
prevent the interest on the Bond from being included
in gross income for federal income tax purposes , and
it will neither take any action nor make or permit any
use of proceeds of the Bonds or other funds of the
City at any time during the term of the Bonds which
will cause the interest on the Bonds to be included in
gross income for federal income tax purposes .
The City has not been notified of any listinq or proposed
listing by the Internal Revenue Service to the effect that it is
a bond issuer whose arbitrage certifications may not be relied
upon.
SECTION XII . The City finds and declares that (a) it is a
duly organized and existing governmental unit of the State of
Washington and has general taxing power; (b) no Bond which is
part of this issue of Bonds is a "private activity bond" within
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� ORDINANCE N0. 4068
_ �
the meaning of Section 141 of the Internal Revenue Code of 1986
(the " 1986 Code" ) ; (c) at least 95°a of the net proceeds of the
Bonds will be used for local governmental activities of the City
(or of a governmental unit the jurisdiction of which is entirely
within the jurisdiction of the City) ; (d) the aggregate face
amount of all tax-exempt obligations (other than private activ-
ity bonds) issued by the City and all entities subordinate to
the City (including any entity which the City controls or which
derives its authority to issue tax-exempt obligations from the
City) during the current calendar year is not reasonably
expected to exceed $5 , 000 , 000; and (e) the amount of tax-exempt
obligations, including the Bonds, designated by the City as
"qualified tax-exempt obligations" for the purposes of Section
265(b) (3) of the 1986 Code or any predecessor provision of
federal law during the calendar year in which the Bonds are
issued does not exceed $10, 000 , 000 . The City therefore certi-
fies that it is an issuer which qualifies for the small govern-
mental issuer arbitrage rebate exemption under Section
148(f) (4) (C) of the 1986 Code and designates the Bonds as
"qualified tax-exempt obligations" for the purposes of Section
265(b) (3) of the 1986 Code.
SECTION XIII . The Bonds shall be printed or lithographed
on good bond paper in a form consistent with the provisions of
this ordinance, shall be signed by the facsimile signatures of
the Mayor and the City Finance Director and shall have a facsim-
ile reproduction of the City seal printed thereon.
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ORDINANCE NO. 4068
Only such Bonds as shall bear thereon a Certificate of
Authentication in the following form, manually executed by the
Bond Registrar, shall be valid or obligatory for any purpose or
entitled to the benefits of this ordinance:
CERTIFICATE OF AUTHENTICATION
This bond is one of the fully registered City of
Renton, Washington, Water and Sewer Revenue Bonds ,
1987, described in the Bond Ordinance.
WASHINGTON STATE FISCAL AGENCY
Bond Registrar
By
Authorized Officer
The authorized execution of such Certificate of Authentica-
tion shall be conclusive evidence that the Bonds so authenti-
cated have been duly executed, authenticated and delivered
hereunder and are entitled to the benefits of this ordinance.
In case either or both of the officers 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 authenti-
cated or delivered by the Bond Registrar or issued by the City,
such Bonds nevertheless may be authenticated, delivered and
issued and upon such authentication, delivery and issue, shall
be as binding upon the City as though those whose facsimile
signatures appear on the Bonds had continued to be such officers
of the City. Any Bond also may be signed on behalf of the City
by such persons as at the actual date of execution of such Bond
shall be proper officers of the City authorized to execute Bonds
- 26 -
' ' ORDINANCE NO. 4068
although on the original date of such Bond such persons were not
such officers of the City.
SECTION XIV. The Bond Registrar shall keep, or cause to be
kept, at its principal corporate trust office, sufficient books
for the registration and transfer of the Bonds which shall at
all times be open to inspection by the City.
The Bond Registrar shall be responsible for its represen-
tations contained in the Registrar ' s Certificate of Authentica-
tion on the Bonds . The Bond Reqistrar may become the owner of
Bonds with the same rights it would have if it were not the Bond
Registrar and, to the extent permitted by law, may act as
depository for and permit any of its officers or directors to
act as members of, or in any other capacity with respect to, any
committee formed to protect the rights of Bond owners .
SECTION XV. The Bonds shall be negotiable instruments to
the extent provided by RCW 62A. 8-102 and 62A. 8-105 .
SECTION XVI . In the event the City shall issue advance
refunding bonds pursuant to the laws of the State of Washinqton,
or have money available from any other lawful source, to pay the
principal of and interest on the Bonds or such portion thereof
included in the refunding or defeasance plan as the same become
due and payable and to refund or defease all such then outstand-
ing Bonds and to pay the costs of refunding or defeasance, and
shall have irrevocably set aside for and pledged to such pay-
ment, refundinq or defeasance, money and/or direct obligations
of the United States of America sufficient in amount, together
- 27 -
. ORDINANCE N0. 4068
,
with known earned income from the investment thereof , to make
such payments and to accomplish the refunding as scheduled
(hereinafter called the "trust account" ) and shall irrevocably
make provisions for redemption of such Bonds , then in that case
the Bonds shall be deemed defeased (hereinafter collectively
called the "defeased Bonds" ) . Thereafter, all right and inter-
est of the owners of the defeased Bonds in the covenants of this
ordinance, in the Revenue of the Waterworks Utility of the City,
and in funds and accounts obligated to the payment of such Bonds
shall cease and become void, except such owners shall have the
riqht to receive payment of the principal of and interest on the
defeased Bonds from the trust account and, in the event the
funds in the trust account are not available for such payment,
shall have the residual right to receive payment of the princi-
pal of and interest on the defeased Bonds from the Revenue of
the Waterworks Utility of the City without any priority of lien
or charge against such revenue or covenants with respect thereto
except to be paid therefrom.
After the establishing and full funding of such trust
account, the City may then apply any money in any other fund or
account established for the payment or redemption of the
defeased Bonds to any lawful purposes as it shall determine,
subject only to the rights of the owners of any other bonds then
outstanding .
In the event the refunding plan provides that the Bonds
being refunded or the refunding bonds to be issued be secured by
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' ORDINANCE NO. 4068
. ,
cash and/or direct obligations of the United States of America
or other legal investments pending the prior redemption of those
Bonds beinq refunded and if such refunding plan also provides
that certain cash and/or direct obligations of the United States
of America or other legal investments are pledged irrevocably
for the prior redemption of those Bonds included in the refund-
inq plan, then only the debt service on the Bonds which are not
defeased Bonds and the refunding bonds , the payment of which is
not so secured by the refunding plan, shall be included in the
computation of coverage for issuance of Future Parity Bonds and
the annual computation of coverage for determining compliance
with the rate covenants .
SECTION XVII . The City reserves the right to issue Future
Parity Bonds which will constitute a lien and charge upon the
Revenue of the Waterworks Utility of the City on a parity with
the Outstanding Parity Bonds and the Bonds if the conditions set
forth in Section 15 of Ordinance No . 1450 , as modified by the
provisions set forth in Section 13 of Ordinance No . 3169 and
Section 12 of Ordinance No . 3720, are met and complied with at
the time of the issuance of such Future Parity Bonds, which
sections are by this reference incorporated herein and made a
part hereof and shall continue to be applicable even though the
1953 Bonds have been paid and retired.
SECTION XVIII . There has been created in the office of the
City Finance Director a special fund of the City known and
designated as the Water and Sewer Construction Fund, 1983 (the
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a * ` s
' ORDINANCE N0. 4068
"Construction Fund" ) . The principal proceeds received from the
issuance and sale of the Bonds shall be deposited in the Con-
struction Fund and shall be used to pay the costs of carrying
out the system or plan of additions to and betterments and
extensions of the Waterworks Utility of the City specified,
adopted and ordered to be carried out by this ordinance and the
expenses incurred in the issuance of the Bonds . Pending the
expenditure of such principal proceeds out of the Construction
Fund, the money in such fund may be invested in any leqal
investment and the investment income may be retained in such
fund and used for the purposes of such fund, except that earn-
ings subject to a federal tax or rebate requirement may be
withdrawn from the Construction Fund for such tax or rebate
purposes . The accrued interest on the Bonds , if any, received
at the time the Bonds are delivered to the initial purchaser
thereof shall be deposited in the Bond Fund.
SECTION XIX. Seattle-Northwest Securities Corporation, of
Seattle, Washington, has presented a bond purchase agreement
(the "Purchase Contract" ) to the City by which Seattle-Northwest
Securities Corporation has offered to purchase the Bonds under
the terms and conditions provided in the Purchase Contract,
which written Purchase Contract is on file with the City Clerk
and is incorporated herein by this reference . The City Council
finds that entering into the Purchase Contract is in the City' s
best interest and, therefore, accepts the offer contained in the
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� ORDINANCE N0. 4068
_ � �
Purchase Contract and authorizes the execution of the Purchase
Contract by City officials .
The Bonds will be printed at City expense and will be
delivered to the purchaser in accordance with the terms of the
Purchase Contract with the approving legal opinion of Roberts &
Shefelman, municipal bond counsel of Seattle, Washinqton,
relative to the issuance of the Bonds printed on each Bond.
Bond counsel has not been retained to and shall not be required
to review or express any opinion concerning the completeness or
accuracy of any official statement, offering circular or other
sales material issued or used in connection with the Bonds, and
bond counsel ' s opinion shall so state.
The proper City officials are authorized and directed to do
everything necessary for the prompt execution and delivery of
the Bonds to the purchaser, includinq the execution of the
Official Statement on behalf of the City, and for the proper
application and use of the proceeds of the sale thereof .
SECTION XX. Pending the printing, execution and delivery
to the purchaser of the definitive Bonds, the City may cause to
be executed and delivered to such purchaser a single temporary
Bond in the total principal amount of the Bonds . Such temporary
Bond shall bear the same date of issuance, interest rates,
principal payment dates and terms and covenants as the defini-
tive Bonds, shall be issued as a fully registered Bond in the
name of such purchaser, and shall be in such form as acceptable
to such purchaser . Such temporary Bond shall be exchanged for
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• �
a
s
� ORDINANCE N0. 4068
. � t �
the definitive Bonds as soon as the same are printed, executed
and available for delivery.
SECTION XXI . All actions taken consistent with the provi-
sions of Ordinance No . 2020 as amended by Section II of this
ordinance are ratified, confirmed and approved.
PASSED BY THE CITY COUNCIL this 18th day of May , 1987 .
/ � ���
�`Maril�n���ersen D
y � , eputy City Clerk
APPROVED BY THE MAYOR this 18th day of May , 1987 .
�'/��g�2-�tLi'�� '�:/��y�'
Thomas W. Trimm, Mayor Pro tem
Approved as to Form:
i��--�� � ���
, � �
Date of Publication: May 22 , 1987
1860r
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. � ,
.
' � ORDINANCE N0. 4068
. � EXHIBiT A
. w . ,
Water Sys�em Improvenents - Major Projects
S�ringbrook Watershed Site
Lind Avenue SW 12" Watermain
Wells #1 and #2 Improvement
West Hill Chlorinator
Rolling Hills Reservoir Predesign
Telemetry Im�rovements Phase III
S . Talbot Hill Reservoir Phase I
Highlands Booster Pum� Station
Well Field Protection Phase III
84th Avenue S 12" Wate�main
Emergency Well power Design
Well #5 Rehabilitation
CBD 24'° Transmission Watermain
Renton Hill PRV Improvements
Cedar River Golf Course Well Exploration
Black River Reservoir Site
Maple Valley 12" Watermain
Lake Washington Boulevard 12" Watermain
Sanitary Sewer Improvements - �•�ajor Projects
NE 7th Street Sewer Replacement
CBD Small Sewer Replacement
S . Second Street Sewer �ehabilitation
Renton Hill Alley Sewer Replacement Phase II
Kennydale Lake Front Sewer Repair
N. First Street Sewer Replacement Phase IT
Shattuck Avenue S . Interceptor Phase II
Lake Washington Boulevard NE Sanitary Sewer Construction
Water System Rehabilitation - Rehabili�ation, Extensions
and Improvements Projects
President Park Watermain
Well #3 Rehabilitation
Sanitary Sewer Rehabilitation - Rehabilitation, Extensions
and 3m�rovements Projec�
1987 Sewer TV, Cleaning/Root Trea�ment
Storm Drainaqe Improvement Projects
I-405 Storm Crossing at Renton Village
Panther Creek Wetlands Acquisition II
S . 7th Street at Shattuck Flood-Dentention Pond
Cedar River Dredging �hase II
P-1 Box Culvert under 3-405 Phase I
NE 27th & Aberdeen Flood Control
I-405 Culvert at Gypsy Creek