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HomeMy WebLinkAboutORD 3896 � ����� b�b���3��-� �N1�a ; �. , a► ,� , ' ,« ' . , , . CITY OF RENTON, WASHINGTON ORD I NANCE NO. 3 8 9 6 ; AN ORDINANCE providing for the issuance of $2 , 600,000 par value of Water and Sewer Revenue Bonds , 1985; of the City for the purpose of obtaining a part of the funds with which to pay the cost of carrying out the system or plan of additions to and betterments and extensions of the waterworks utility of the City, including the sewerage system as a part thereof , and providing a required amount for the arts ; fixing the date, form, denomination, maturi- ties , maximum interest rate, terms and covenants of such bonds; creating a special bond redemption fund to provide for the payment of the bonds ; and provid- ing 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, the City previously has issued under date of March 1, 1953 , �315,000 par value of City of Renton Water and Sewer Refunding and Improvement Revenue Bonds, 1953 (the "1953 Bonds" ) , 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 then outstanding 1953 Bonds on compliance with the following condi- tions at the time of the issuance of such additional bonds : t � � � � � . w ' . " (A) All payments required by this ordinance to be paid into the 'Renton 1953 Water and Sewer Refund- ing and Improvment 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 main- tenance costs and taxes , based upon the historical 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 require- ments of the bonds of this issue then outstanding 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 experi- enced 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- standing to the last maturity thereof " ; and WHEREAS, the City thereafter issued under date of September 1 1954 $325,000 par value of City of Renton Water and Sewer . . Revenue Bonds. 1954, purs uant to Ordinance No . 1489; under date of July 1, 1959, $750,000 par value of City of Renton Water and Sewer Revenue Bonds, 1959, pursuant to Ordinance No. 1766; under date of May 1, 1965, $500, 000 par value of City of Renton Water and Sewer Revenue Bonds, 1965 , pursuant to Ordinance No. 2151; under date of December 15, 1965, $545,000 par value of City of Renton Water and Sewer Revenue Refunding Bonds, 1965, pursuant - 2 - � � N ,t � � r , . . � , , to Ordinance No. 2195, for the purpose of refunding, redeeming and retiring on July l, 1974 , all of the then outstanding City of Renton Water and Sewer Revenue Bonds, 1959; under date of July l, 1975, �3 ,000,000 par value of City of Renton Water and Sewer Revenue Bonds, 1975, pursuant to Ordinance No. 2930; under date of February l, 1976, $2 , 950,000 par value of City of Renton Water and Sewer Revenue Ref unding Bonds, 1976, pursuant to Ordinance No . 3007, for the purpose of refunding, redeeming and retiring on January l, 1989, and July 1, 1989, all of the then outstanding City of Renton Water and Sewer Revenue Bonds, 1975 ; under date of June 1, 1977 , $3 ,095,000 par value of City of Renton Water and Sewer Revenue Refunding Bonds, 1977 (the "1977 Bonds" ) , pursuant to Ordinance No. 3141, as amended by Ordinance No. 3145, f or the purpose of providing a part of the money required to pay the principal of and interest on the City of Renton Water and Sewer Revenue Refunding Bonds, 1976, coming due to and including July 1, 1989, and to redeem and retire on July 1, 1989, the outstanding City of Renton Water and Sewer Revenue Refunding Bonds, 1976, numbered 96 to 590, inclusive, maturing from July 1, 1990, to July I, 2000, inclusive; and under date of November 1, 1977, $800,000 par value of City of Renton Water and ' Sewer Revenue Refunding Bonds, 1977, Issue No . 2 (the "1977 Bonds, Issue No. 2" ) , pursuant to Ordinance No . 3169, for the purpose of obtaining a part of the funds with which to refund, pay and retire the outstanding City of Renton Water and Sewer Revenue Bonds, 1954, City of Renton Water and Sewer Revenue - 3 - i - - ' .. � f� r � S • t t � I � '� . � . � Bonds, 1955, and Cfty of Rentan Water and Sewer Revenue Refund- Iing Bonds, 1455, all af which bands were at the time of their , lssuance issued on a parity pf lien with the then outstanding 1953 Bands and with each other pursuant to �.he pravisions of Section 15 0€ Ordinance Na . 1450, such parity issues of bonds being a first lien and cha�ge upon the grass revenue of the Waterworks Utility of the Cit�y, excludinq charges fQr m,ainte- nance and operation, except that all of the 1953 Bonds have now been paid and retired, and except the conditions af subparagraph {B) af Sectian 15 af Clydinance No. 1450 were madified by Section 12 of Ordinance No. 29�30 pertaining to the Ci�.y of Renton Water and Sewer Revenue Bonds, 1975, and by Section 13 of Ordinance No. 3169 pertaining to the outstanding I977 Bands, Issue No . 2, as ta any garitp bands 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 Iien and charge upon the gross revenue of the Waterworks Utility af the City an a parity with the 1977 Bands , Issue Na. 2, if the I condltians set forth in Sect3c�n 15 of Ordinance No. 145Q, as modi£ied, are met and complied with at the time of the issuance af such Future Parity Bonds , which section was incorpo�ated by reference in Ordinance Na. 3159 and made a part thereof and shall continue to be applicable even though the 1953 Bonds have been paid and retired; and WHEREAS, under date of December 1, 1977, the City issued $3,445,000 par va2ue af City of Renton Water and Sewer Revenue � - 4 - ...—....—.__.__ ___._ I , � t ,' F 1 , � , . , � Refunding Bonds, 1977, Issue No. 3 (the "1977 Bonds, Issue No . 3 " ) , pursuant to Ordinance No . 3188, for the purpose of obtain- ing a part of the funds with which to refund, pay and retire all of the then outstanding 1977 Bonds, and under date of May l, 1983, the City issued $1, 5�0,000 par value of City of Renton Water and Sewer Revenue Bonds, 1983 (the "1983 Bonds" ) , pursuant to Ordinance No. 3720, 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 , and 1983 Bonds were issued on a parity of lien with the out- standing 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 WHEREAS, the 1977 Bonds , Issue No. 2, the 1977 Bonds, Issue No. 3, and the 1983 Bonds are the only bonds presently outstand- ing 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 would u on the revenue of the Waterworks constitute a charge and lien p Utility of the City on a parity with the 1977 Bonds, Issue No . 2, the 1977 Bonds, Issue No . 3 , and the 1983 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 - 5 - S � ! � � • • � � ' ` • bonds on compliance with the following conditions at the time of the issuance of such additional bonds : " (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 main- tenance costs and taxes , based upon the historical 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 require- ments of the bonds of this issue then outstanding 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 experi- enced 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- 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, f or the City, but for the purpose of financing facilities in those plans it is necessary to specify and adopt them by ordinance; and - 6 - I t � . � , r . � ' ,� � ' 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 Comprehensive Water System Plan, 1983 , and the Comprehensive Sewer Plan, 1983, be made and there be adopted a system or plan of additions to and better- ments 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 $2 , 600, 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, to provide an amount for the arts as required by City Ordinance No . 2969 and 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 l. As used in this ordinance, the following words shall have the following meanings : a. "Annual Debt Service" for the Bonds shall mean all the interest plus all principal which will mature or come due in any year . b. "Average Annual Debt Service" shall mean the sum of the Annual Debt Service for the remaining years to the last scheduled maturity of the Bonds divided by the number of those years . - 7 - , • 1 � r � � . , ` , � • c. "Bond Fund" shall mean that special fund of the City known as the 1985 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 . d. "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. e. "Bonds" shall mean the $2, 600,000 par value City of Renton Water and Sewer Revenue Bonds, 1985 , authorized to be issued by this ordinance. f . "City" shall mean the City of Renton, Washington, a duly organized and existing noncharter code city under the laws of the State of Washington. g. "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 char e u on such revenue for the Outstanding Parity Bonds and � r the Bonds f or the payment of the principal thereof and interest thereon. h. "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 - 8 - L � �� r � 1 � i � � � • depreciation expenses or taxes or charqes in lieu of taxes levied or imposed by the City. i . "Outstanding Parity Bonds" shall mean the $800,000 par value of City of Renton Water and Sewer Revenue Refunding Bonds, 1977, Issue No . 2, issued under date of November 1, 1977, pursu- ant to Ordinance No. 3169, the $3 ,045,000 par value of City of Renton Water and Sewer Revenue Refunding Bonds, 1977, Issue No . 3, issued under date of December 1, 1977, pursuant to Ordinance No. 3188, and the $1, 500,000 par value City of Renton Water and Sewer Revenue Bonds, 1983 , issued under date of May l, 1983 , pursuant to Ordinance No . 3720 . j . "Principal and Interest Account" shall mean the account of that name created in the Bond Fund by this ordinance for the payment of the principal of and interest on the Bonds . k. "Reserve Account" shall mean the account 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 . 1 . "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 pay- ments received under contract with other municipal corporations for water service, except general taxes, charges in lieu of taxes, assessments in any utility local improvement district hereafter created, proceeds from the sale of City property and bond proceeds . - 9 - � � r �� � m. "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 . n. "Water and Sewer Revenue Parity Bond Fund" shall mean the fund of that name created by this ordinance . o . "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 shall be deposited. p, "Waterworks Utility of the City" shall mean the combined water and sewerage systems 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 2 . 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 , the acquisition of any easements, rights-of-way and land that - 10 - � i ` , / � � ' s �. I may be required and the perf armance af such work as may be incidental and necessary. All of the foregaing shall be in accordance with the plans and specifications therefor prepared by the C1ty' s engineers and consuiting engineers . The City Council may madify the detalls af the foregoing ( system or plan where, in its judgment, it appears advisable if f such modifications do not substantially alter the purposes o� I � that system or plan. � The Iife 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 leas�. ' twenty years . The estimated cost of the acquisition, construc- tian, instal�atian and financing �f the above-�escribed imprave- ments, inc2udinq the costs af issuance and sale af the Bands, is declared to be approximately $3,458,040. Such cost shall be paid from the proceeds of the Bonds authorized in this ordinance and ather money vf ar received hy the City made available therefar . Section 3 . The City Council finds that all payments required by 4rdinances Nos . 3169, 3188 and 3720 for the Out- standing Parity Bonds have been made into the respective hond redemptian funds �or the 4utstanding Parity Bonds. that provi- sion is hereinafter made for the accumulation of the amounts required in the Reserve Account of the Bond Fund, and that there will be on file priar ta the issuance and delivery af the Bands � - 11 - I I ..______... . � - 1 4 I ♦ ' � 1 I � s j ` ' � , I a certificate af Richard H. Harbert of RH2 Engineering, P.S . , an engineer experienced in municipal utilities, that the Revenue of the Waterworks Utility is sufficient to meet �.he 1,3 caverage requirement of thase ardinances . Section 4 . For the purpose of providing a pa�t a� the mr�ney reqv3red ta carry aut the system or plan of additions to and betterments and extensions o� the Waterwo.rks Utility of the City, including the cost of issuance and sale of the Bonds, as herein specified, adapted and ardered to be carried out and to provide an amount far the arts as required by 4rdinance No. 2969, as amended by 4rdinance No. 3563, the City shall issue the Bonds in the aggregate principal amount of �2 , 600,000. The Bonds shall be designated City of Renton Water and Sewer Revenue Bands, i985 {deflned abave as the "Bonds" } ; shall be dated April l, 1985; shall be in denominations of �5,OQC► each or any inte- gral multiple thereaf within a single maturity; shall be numbered separateiy in the manner and with any additional desig- natian as the Bond Registrar deems necessary for the purpose af identificatian; and shall bear interest, computed on the basis of a 360-day year of twelve 30-day months, payable on October l, 1985, and semiannually thereafter on each succeeding Apri2 I and October I at the rate or rates specified by the winninq bidder . The BondS shall mature an April 1 of each year as follaws: Maturity Years Amounts 1986 � 60,000 a.�s� �o,aoo - i a - � � / ` , �i , , ' , � ` Maturity Years Amounts 1988 70,000 1989 70,000 1990 75 ,000 1991 80,000 1992 90,000 1993 100,000 1994 105,000 1995 115,000 1996 130,000 1997 140,000 1gg8 155,000 199g 200,000 2000 150,000 2001 165 ,000 2002 180,000 2003 200,000 2004 220,000 2005 235,000 If any Bond is not redeemed upon proper presentment at its maturity or call date thereof , 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 . Upon surrender thereof to the Bond Registrar, the 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 exchange or transfer shall be without cost to the owner or transferee . - 13 - , � , , � �. � � i . . , � , The Bands shall be issued only in registered form as ta both principal and interest and recarded in the books and records maintained by the Bond Registrar (the "Bond fteqister " ) . The Bond Register shall contain the name and mailing address of the owner c�f each Band or nominee of such owner and the princi- paI amaunt and number �f Bonds held by each owner ar nominee . Both prin�ipal of and interest on the Bonds shall be pay- able in lawful money af the United States of America. Interest an the Bonds shall be paid by check or draft mailed to the registered owners at the addresses appearing an the Band Reg3s- �' ter on the fifteenth day of the month preceding the interest ;� payment date , Principal af the Bonds sha11 be payable upon presentation and surrender of �.he Bonds at ei�her office of the Bond Registrar in Seattle, Washington, or New York, New York, at the option of suGh owners. The Bonds �hall be payable salely 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 af the Waterworks Utility af the City pledged to such fund, and shall not be a general obligatian 4f the City. Sectian 5 . The �ity reserves the right to redeem priar to their maturity the Bonds as a whole, or in part in inverse order � of maturity {and by lat within a maturity in such manner as the Bond Registrar shall determine) , fram money derived from any I source at the following percentages of par if redeemed at the I following times, plus accrued interest to date of redemption in I I each case : - 14 - - , - - -- � ,` -� • � ' � `" r � ` ' ' ' I , � Call Date Call Price April l, 1995, and October l, 1995 102'� April 1, 1996, and October 1, 1996 101-1/2$ April 1, 1997, and October 1, 1997 101� April 1. 1998, and October 7., 1998 100-1/2� April l, 1999, ar any semiannual interest payment date thereafter 1p0� (Par} Any Bond 3n the principal amount of greater than $5,QQ4 may be redeemed partially in any integral multiple of $5.000. If less than all of the principal amount of any Hond is redeemed, upan surrender af such Bond at the principal affice of the Band Registrar, there shall be issued to the registered owner, with- ou� charge therefor, a new Hand or Bonds, at �.he aption af the registered owner, of like maturity and interest rate in the aggregate principal amount remainfng unredeemed . Notice af any call far redemption of any of the Bonds priar to their stated maturity dates sha11 be given nat less than 30 nor more than 60 days prior to the date fixed for redemption by first class mail , postage prepaid, ta the registered awner af any Bond tt� be redeemed at the address appearing on the Bond Reqister . The requirements of this �ection sha11 be deemed to i � be camplied with when notice is mailed as herein provided, whether or no� it is actually received by the owner of any � Bond. Interest an any Bands so called far redemptian shall cease on the date flxed for such redemption upon payment of the redemptian price into the Bond Fund. Notice of such intended redemption shall also be mailed within the same time periad, pvstage prepaid, to the successful bidder for the Bonds, at its - 15 - I — - - — '— — —..'—.-. — — - -- - .1 � ` ' , '� ' . a , � , principal place of business , ar its successar. and ta Maody' s Investors Service, Inc. , and Standard & Poor ' s Corporationt at their offices in New York, New York, or their successors, but the mailing of such notice ta such New York firms shall not be a conditfc�n precedent to the redemption af such Bonds . Th� City further reserves the right ta purchase any ar all of the Bonds in the open marke� at any time at a price nat in excess of 102� of the par value if purchased prior to April l, 2995, and thereafter not in excess of the call price appl.icable at the time of such purchase. Secti+�n 6 . There is created and established in the office af the Director of Finance of the City a special fund to be known and designated as the Water and Sewer Revenue Parity Band Fund 1n whlch there shall be created a separate account and sub-accounts for the purpose of paying the Bonds and each issue of Future Parity Bonds . At such time as the Outstanding Parity : Bonds are fully retired or defeased as provided in the respec- � tive ordinances authori2ir�g the issuance of those flutstanding Parity Bonds, then such separate accounts and sub-accounts shall merge into a single fund with a principal and interest accaunt and a reserve account . There is caceated the 1985 Water and Sewer Revenue Band Redemptic�n Accc�unt, hereta�are defined as the I Bond Fund, which shall be a separate bond redemption account within the Water and Sewer Revenue Parity Band Fund. The Bond Fund i� divided into two sub-accounts, namely, the Principal and Interest Accc�unt and the Reserve Account. Sa lang as Bands are - 16 - r - - . , , � � � , . ' , , I outstanding aqainst the Bond Fund, the Director of Finance af the City shail (a) set aside and pay into the Principal and Interes� Account in such fund out of the R�venue of the Water- works Utility of the City a fixed amount, without regard to any fixed proportion, namely, monthly, on or bef ore the first day af each month beqinning with the month of Aprii , 1985, an amount, toge�.her with the accrued interest received, equal. to 116th of the amount of interest payable on the Bonds on 4ctober 1, 1985, and thereaf�.er 1/6th of the next ensuing six months ' require- ments �or interest, and beginning with the month of April, 1985, 1112th of the next ensuing twelve months ' requirements for prin- cipal on the Bonds and continuing thereafter until the Bonds, both principal and intere�t, are paid in full , and (b) set aside and pay inta the Reserve Accaunt in the Bond Fund out af the Revenue af the Waterwarks Utility of the City in substantially equal monthly payments such amounts �o that by no later than April 1.. 1990, there shall have been accumulated in the Reserve Account in the Bond �'und fc�r the Honds an amount not 2ess than the Average Annual Debt Service �or the Bonds . The Reserve Account in the Bond Fund may be accumulated I fram any other money which the City may have available for such � � purpose in addition to using such revenue therefox . � 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 wi.thdrawals therefrom as autharized herein, maintain those amaunts therein until there is - 17 - r , . , � � . . . . . sufflcient money 3.n the Bond Fund, including the Reserve Account therein, to pay the principal of and interest ta maturity an all outstandinq �onds, at which time no further payments need be made inta the Band Fund and the money in the Bond Fund, includ- ing the Reserve Account, may b� used to pay such principal and interest . In the event there shall be a deficiency in the Principal and Tnterest Account to meet maturing installments of either principal or interest, as th� case may be, an the Bonds, such deficiency shail be made up from the Reserve Account by the withdrawal of cash therefrom far that purpase. Any deficiency created in the Reserve Accaunt by reason af any such withdrawal shall then be made up from the money from the Revenue of the Waterwarks Utiiity of the City first available after making necessary provisions for the required payments into the Princi- pal and Interest Account. AlI money in the Reserve Account above provided for not needed to meet the payments af principal and interest when due may be kept an depasit in the of�icial bank degasitory of the Ci�y or in any natianal bank or may be invested in any leqal investment for City funds maturing not Iater than the interest or principal and interest payment date when such money will he ' needed, Interest on any such investment or on such bank account ' shall be deposited in and become a part of the Reserve Account ' - 18 - -� -.-_. - - - - i � + - - � • 4� � � ' t 1 ♦ • � � r — � a 1 until the total required reserve amount shall have been accumu- lated therein, after which such interest shall be deposited in the Principal and Interest Account . In no event shall any money in the Bond Fund or any other money reasonably expected to be used ta pay principal andlar interest on the Bonds be invested at a yield which would cause the Bands to be arbitrage bonds within the meaning of Section 103(c) of the United States Internal Revenue Code of 1954, as amended, and applicable regulations thereunder . Funds in the Waterworks Utility Fund of the City {other than in any bond redemption account) shall be used in the follawing order of priority: (7.} To pay Maintenance and Operation Expense; (2} To pay the interest an the 4utstanding Parity Bands, the Bonds and any Future Parity Bonds; (3) To pay the principal o� the Outstanding Parity Bonds, the Honds and any Future Parity Bonds; (4 ) Ta make all payments required to be made into any sinking fund or bond redemptian fund hereafter created for the payment of F�ture Parity Bgnds which are Term Bands; , (5} To make all payments required ta be made into the Reserve Accounts created to secure the payment of the Outstanding Parity Bonds, the Bands and any Future Parity Bonds ; i � (6} Ta make ail payments requi�ed ta be made inta r - -- - - - - l I , , � ,'' � ' �'. � � , : � . I on the 4utstanding Parity Bands, the Bonds and any Future Parit�r Bands� and {7) To retire by redemption or purchase in the open market any out�tanding revenue bonds or revenue warrants of the City, to make necessary addi- tions, betterments , improvements and repairs ta or extensions and replacements af the Waterworks Utility of the Gity, or far any ather lawful City purposes. If the City shall fail ta set aside and pay into the Bond Fund the amounts set forth above, the holder of any of the outstanding Bonds may bring an action against the City to compel such setting aside and gayment . Section 7 , The Revenue of the Waterworks Utility of the City is pledged to the payments set forth in Sectian 6, and the Bands shall constitute a lien and charge upon such revenue p�ior and superior ta any ather charges whatsoever, excluding Mainte- nance and Operation Expense, except that the lien and charge upon such revenue for the Bonds shall be on a parity with the Iien and charge thereon for the Outstanding Parity Bonds and any Future Parity Bonds hereafter issued. Sectian 8 . In the �udgment of the City Council, the Reve- nue and benefits to be derived from the operation and mainte- nance of the Waterworks Utility af the City, at the rates ta be charged for water and sanitary sewage dispasal service on the entire utility, will be more than suffi�ient to mee� all Main- tenance and Operation Expense and the debt service requirements of the Outstanding Parity Bands and to permit the setting aside in the Bond Fund, out of the revenue of the entire utility. of - 20 - I I � 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 Mainte- nance and Operation Expense and the debt service requirements of the presently 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 avail- able over and above such Maintenance and Operation Expense 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 other unrefunded indebtedness, except for the payment of the presently outstand- ing Outstanding Parity Bonds . Section 9 . 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 and sanitary sewage dis- � posal 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 equivalent to at least 1 .3 times the average annual debt service requirements , both princi- pal and interest, on the Outstanding Parity Bonds and the Bonds after deducting costs of maintenance and operation from the Revenue of the Waterworks Utility of the City. "Average annual debt service require- ments" shall mean the aggregate amount of principal and interest payable in each year over the remaining life of such Outstanding Parity Bonds and Bonds divided by the number of maturity years remaining to - 21 - , , t � the 2ast maturity of the longest maturing issue, being the year 2005 . {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 the 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 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 opera- tion thereof, unless provision 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 and the 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 outstanding 1977 Bonds, Issue No. 2 , 1977 Bonds, Issue No . 3 , the 1983 Bonds and Bonds, respectively, as the revenue available for debt serv- ice for such outstanding bonds for the twelve months preceding such sale, lease, encumbrance or disposal from the portion of the utility sold, leased, encum- bered or disposed of bears to the revenue available for debt service for such bonds from the entire util- ity 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 - 22 - � , � �� I owner or owners complete operating and income state- ments of such utility in reasonable detail occuring any calendar year not more than ninety days after the close of such calendar year, and it will grant 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. (e) It will not furnish water or sanitary sewage disposal service to any customer whatsoever free of charqe 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 sewer- age 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 not take or permit to be taken on its behalf any action which would adversely affect the exemption from federal income taxation of the interest on the Bonds and will take or require to be taken such acts as may reasonably be within its ability and as may from time to time be required under applicable law to continue the exemption from federal income taxation of the interest on the Bonds . Without limiting the generality of the foregoing, and except to the extent the investment of any Bond proceeds is limited to a yield required to comply with federal arbitrage regu- lations, the City will spend the proceeds of the Bonds - 23 - L _ r -- -- r � ' , ,�r, � �aith due diligence ta completion af the purpase speci- fied herein and will not invest or make other use of the proceeds of the Bonds or of its ather money at any time during the term of the Bonds, which if such use had been reasonably expected at the date that the Bonds are is�ued, would have caused such Bonds to be arbitrage bonds within the meaning of Section I03(c} of the United States Internal Revenu� Gode of 1954 , as amended, and applicable regualtions thereunder . It has not been notified of any listing or pro- posed listing by the Internal Revenue Service ta the effect that it is a bond is�uer whose arbitrage certifications may not be relied upon. Section i0. The Bonds shall be printed or lithographed on qaod bond paper in a form cansistent with the pravisions af this ardinance, shall be signed by the facsimile signatures of the Mayor and the Finance Director and shall have a facsimile repraduction of the City seal printed therean. 4nly such Bands as shall bear thereon a Certificate af Authenticatian in the following form, manually executed by the Bond Registrar, shall be valid or obligatory �or any purpose or entitled to the benefits of this ordinance : CERTIFICATE (}F AUTHENTICATIflN This bond is one of the fully registered City of Renton, Washingtan, Water and Sewer Revenue Bonds, 1985, described in the Bond Ordinance. WASHINGTON STATE FISCAL AGENCY Bond Registraz Hy Authorized Officer Such Certificate of Authentication shall be conclusive evi.dence that the Bands so authenticated have been duly -- 24 - � ' f± 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 may also 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 although on the original date of such Bond such persons were not such officers of the City. , Section 11. 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 representa- tions contained in the Registrar ' s Certificate of Authentication 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 - 25 - � . r ,+ • act as a member of , or in any other capacity with respect to, any committee formed to protect the rights of Bond owners . Section 12 . The Bonds shall be negotiable instruments to the extent provided by RCW 62A.8-102 and 62A.8-105 . Section 13 . In the event the City shall issue advance refunding bonds pursuant to the laws of the State of Washington, 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 plan as the same become due and pay- able and to refund all such then outstanding Bonds and to pay the costs of refunding, and shall have irrevocably set aside for and pledged to such payment and refunding, money and/or direct obligations of the United States of America or other legal investments sufficient in amount, together 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 (hereinaf ter collectively called the "defeased Bonds" ) . Thereafter, all right and interest of the owners of the defeased Bonds to be so retired or refunded 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 right to receive payment of the principal of and interest on the defeased Bonds from the trust account and. in - 26 - � 7 � ._._........_..� = y , � � ��< � the event the funds in the trust account are not available far such payment, shall have the residual right ta �eceive payment of the principal of and interest an the defeased Bonds from the Revenue of the Waterworks Utility of the City without any priority of lien ar charge against such revenue or covenants j with resgect the�eta exeept to b� pa3d therefrom. After the establishing and full funding of such trust accoun� , the City may then apply any maney in any other fund or account established far the payment ar redemption of the defeased Bonds to any lawfu2 purposes as it shall determine, sub�ect only ta the rights c�f the owners of any other bonds then outst�anding. In the event the refunding plan provides that the Bands being refunded ar the refunding bonds to be issued be secured by cash andlor direct obligatit�ns af the United States of Arnerica or other legal investment� pending the prior redemption of those Bonds being re£unded and if such refunding plan also pravides that certain cash andlc�r direct abligatians of the United States of Amerlaa r�r s�ther Iegal ir�vestments are i�revocably pledged for the prior redemptlon of those Bonds included in the refund- ing plan, then only the debt service on the Sonds which are not defeased Bc�nds and the refunding bonds, the payment of which is nat so secured by the refunding plan, shall be included in the computation of coveraq� for issuance of Future Parity Bonds and the annual computatlon of coverage for determining compliance with the rate covenants . - 27 - f- - - - - � J e y �F. i Section 14 . 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 , provided the condi- tions 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 City of Renton Water and Sewer Refunding and Improvement Bonds , 1953, have been paid and retired . Section 15. The Bonds shall be sold for cash at public sale for not more than a 2� discount plus accrued interest to the date of delivery of and payment for the Bonds . The City Clerk is authorized to give notice calling for bids to purchase the Bonds by publishing no later than March 15, 1985, a short abbreviated form of such notice once in The Seattle Daily Journal of Commerce and Northwest Construction Record of Seattle, Washington. Such notice shall specify that sealed bids for the purchase of the Bonds shall be received by the City Clerk in her office in the City Hall on March 25, 1985 , up to 11:00 a .m. , local time, at which time all bids will be publicly opened and read in the office of the Director of Finance and an award made by the City Council at its regular - 28 - L _ _ t� ~ �L � 1 • � • • e meeting to be held in the City Council Chambers commencing at � 8 :00 p.m. , local time, on the same date. Bids shall be invited for the purchase of the Bonds with fixed maturities in accordance with the schedule specified in Section 4 hereof . The notice shall specify the maximum effective rate of interest the Bonds shall bear , namely, 12$ per annum, and shall require bidders to submit a bid specifying: (a) The lowest rate or rates of interest and discount below par at which the bidder will purchase the Bonds; or (b) The lowest rate or rates of interest at which the bidder will purchase the Bonds at par . No bid offering to purchase the Bonds at a discount of more than 2$ plus accrued interest or offering to purchase less than the entire issue will be considered. The purchaser must pay accrued interest to date of delivery of the Bonds . Interest rates shall be in multiples of 1/8 or 1/20 of 1$, or both. No more than one rate of interest may be fixed for any one maturity. The maximum differential between the lowest and highest rates named in any bid shall not exceed 4$. For the purpose of comparing the bids only, the interest rates bid being controlling, each bid shall state the total interest cost over the life of the Bonds and the net effective interest rate of the bid, taking into account the discount, if any, bid. - 29 - T � . ; � f _ . � ., Y 4 � - ' i � . I I The Bonds shall be sold to the bidder making the best bid based an the Ic�west net effective interest rate, sub�ect to the right c�f the City Council to re�ect any and all bid� and to readvertise the Bonds for sale in the manner provided by law. The City further reserves the right to waive any irregularity in any bid ar in the bidding process, except that any bid presented after the time specified far �he receipt of bids will not be received, and any bid not accompanied by the required bid deposit at the time of opening will not be read or considered . AlI hids shall be sealed and shal2 be accompanied by a deposit af �65,OQ0. The deposit shall be either cash or by certified or cashier ' � check made paya�le to the City of Renton and sha11. be returned promptly i£ the bid is not accepted. The City reserves the right to invest the good fai�h depa�it of the purchaser pending the payment for the Bonds . The purchaser shall not be credited for such earning�. Tf the Bands are ready for delivery and the successful bidder sha1l fail or neglect ta campiete the purchase af the Bonds within forty days following �he acceptance of its bid, the amflunt af its deposit shall be forfei�.ed to the City and in that even� the City may accept the bid of the one making the next best bid. If there be two or more equa2 bids and such hit�s are the best bids received, the City Cauncil shall determine b�r lot which bid shall be accepted, The Bonds will be deliuered ta the successful bidder upnn payment of the purchase priGe plus accrued interest to the date of delivery, less th� amount af the gaod faith depasit, at - 30 - ; L i _ � i , + * �1 ` ` r � ` the office af the City Clerk or in Seattle, Washingtan, at the � City's expense. or at such other place upan which the Director � � of Finance and the successful bidder may mutually agree at the ! purchaser ' s expense. Settlement shall be made in federal funds immediately available at the time of delivery of the Bonds . A no-litigation certificate in the usual farm wil2 be inciuded in the closing papers . CUSIP numbers will be printed on the Bonds, if requested in the bid of the successful bidder, but neither failure to print such numbers on any Band nar errar with respect thereto shall canstitute cause for a failure or refusal by the purchaser thereof to accept delivery of and pay for the Bonds in accord- ance with the terms of the purchase contract . All expenses in relation ta the printing of CUSiP numbers an the Bonds shall be paid by the City, but the f ee af the CUSIP Service Bureau for the assignment af those numbers shall be the responsibility af and shall be paid by the purchaser . If, prior to the del�.very af the Bonds , the interest receivable by the owners thereaf shall became taxable, directly ar indirectly, by the terms of any federal income tax law, the successf�ul bidder may at its option be relieved of its obliga- tian to purchase the Bands , and in such case the deposit accam- panying its bid will be returned, withaut interest , The natice of bond sale shall provide that the City will cause the Bonds to be printed or 13thographed and signed and will furnish the approving legal opinian of Roberts & Shefelman, - 31 - — — — --— -- ` � r. _ __ _ _ _ _ __ , . , � " 1 ; � � bond counsel of Seattle, Washington, covering the Bands without cast to the purchaser, the apinion a2sa being printed on each � Hond. Bond counsel sha21 not be required to review nor expres� any opinion concerning the completeness or accuracy of any official statement, offering circular or other sales material issued or used in cannectian with the Bands. and bond caunsel ' s apinion shall so state. Such notice alsa sha11 provide that further infarmation regarding the details of the Bonds may be received upon request made to the City Clerk or to Seattle- Northwest Securities Corporatian, 3700 Seafirst Fifth Avenue Plaza, Seattle, Washinqton, the City" s financial eonsultant . Section 16 . There has been created in the office of the City Director of Finance a special fund of the City known and designated as the Water and Sewer Construction Fund, 1983 (the "Construction Fund" } . The principal proceeds recefved from the issuance and sale of the Honds shall be depasited in the Con- struction Fund and shall be used to pay the costs of carrying aut the system or plan of addi�.ions to and betterments and � extens3ans af the Waterwarks Utility of the City specified, i � adopted and ordered to be carried aut by this ordinance and the expenses incurred in the issuance of the Bonds . Pending the expenditure of such principal praceeds out of the Constructian Fund, the money ifl such fund may be invested in any legal investment and the investment income may be retained in such fund and used for the purposes of such fund . The accrued inter- est received, if any, shall be deposited in the Bond Fund. - 32 - .� '� ,� � l � � • Section 17 . All actions taken consistent with the provi- sions of this ordinance before the effective date of this ordinance are ratified, confirmed and approved . PASSED BY THE CITY COUNCIL, this ilth day of March, 1985 . �.��..� � MAXINE MOTOR, City Clerk ! APPROVED BY THE MAYOR, this ilth day of March, 1985 . �n.ba��►, S�i,�,npioc.'6� BARBARA Y:' SHINPOCH, Mayor Approved as to Form: C,r(�IJG-r,�^�-- City`�Attorney U Date of Publication: March 15 , 1985 1131r - 33 - � f� � 1 �' � ` • � • s EXHIBIT A WATER REHABILITATION PROJECTS (1985) Replacement of 12" Steel Watermain in Union Avenue N.E. from N.E . 17th Street to S .E . 99th Street. Proposed Street Project . 8" D. I . Watermain in N.E . 6th Street from Monroe Avenue N.E . to Union Avenue N.E . (In conjunction with Street Project) . SANITARY SEWER REHABILITATION (1985) Sunset Pump Station Sewer Repair Phase II - Sewer TV, Joint and Manhole Groutinq Glenco Division II , Cedar River Park Sewer Repair - Sewer TV, Joint and Manhole Groutinq To protect City water supply wells from possible sewaqe leaks Lake Washincrton Sewer Investiaration and Desiqn Investigate the submerged City sewer off of Kennydale, in Lake Washington for stability and design improvements to flush system. Sewer Replacement (1985a - Miscellaneous A. Wells Ave. South - From South 5th St . to South 4th St . B. Alley between Meadow Ave. North and Factory Ave. North from North 2nd St . to North 3rd St . C. Powell Ave. S .W. - From Langston Road to S .W. 3rd Place. MAJOR CAPITAL PROJECTS (1985 ) Well No . 9 Pump House West Hill Booster Pump Station Installation of 12" D. I . Watermain in Grady Way at Springbrook , Creek in conjunction with street pro�ects � _ ;' j •� � � � + . Installation of 12" D. I . Watermain in Grant Avenue South from South lOth St . to South 7th St . and South 7th St. frota Grant Avenue South to Renton Avenue South Installation of 8" D. I . Watermain and transfer of Watermain from �I Wd #58 at the Plat of Ponderosa Estates, near Rolling Hills Reservoir Construction of Pressure Reducing Station at South 16th St . and Benson Road South. Design of South Talbot Hill Reservoir Reconstruction of Telemetry System Installation of 3" Conduit and Wire from New City Shops to City Hall Installation of 12" Waterma3n in Lind Avenue South from South 16th St . to Grady Way South in conjunction with WSDOT bridge widening Installation of 2 PRV Stations at South 20th St . and Shattuck Avenue South Purchase of 2 , 100 L.F. of Installed 8" Watermain and miscellaneous services from W.D. #14 in conjunction with West , Hills Project Miscellaneous pump adjustments and additions I • North 12 Watermain i nstallation in Wells Avenue North from Riverside Drive to North side of North lst St . (Replacement of services and hydrants on North lst St. ) in conjunction with street overlay project � ion for P-1 P-1 Channel - S .W. 7th St . 12 Watermain relocat Channel excavation Purchase of Squire Property at Springbrook Springs (final payment) Purchase of Covenant Church property for South Talbot Hill Reservoir Purchase of future site of Black River Quarry Reservoir ' Installation of 24" transmission main in South 2nd Street . West Hill Reservoir 1132r - 2 - -� � �. ., � i , , � • - SANITARY SEWER MAJOR CAPITAL (1985) Honey Creek Interceptor Sewer ' New 12" sewer, pump station in Honey Creek from Devil ' s Elbow to Sunset Blvd . N.E . and Union Ave . N.E . , together with downtstream sewer system revisions CBD Southwest 24 " Trunk Sewer Replacement - Phase II Replace 24 " South CBD sewer in Shattuck Ave. S . alignment from Tobin Ave. South to South 2nd St . through High School . Coordinate with upcoming WSDOT overlay of South 2nd St . (SR-900) East Kennydale Interceptor New 12 " sanitary sewer from N.E. 27th St . to Azalea Lane Pump Station. (In conjunction with Aberdeen Ave. N.E . Forward Thrust Project) Duvall Ave . N.E . Sewer Extension (Or North lst St . Sewer Replacement CBD-Na Extend 8" sewers to eliminate Eastwood Park Pump Station (eliminate inadequate pump station by gravity flow to the south) Renton Avenue Sewer Extension Rebuild existing Tobin Ave. and Victoria Place sewer and Rainier Ave. South Crossing (in conjunction with WSDOT Rainier Ave. South overlay) Sewer Replacement - Shattuck Ave . South Interceptor Phase I CBD I (SE) Replace existing 8" , 10" and 12" sewers in Shattuck Ave . South from South 4th St . to South 7th St . 1133r -3-