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2981ORDINANCE NO. 2981 AN ORDINANCE AUTHORIZING THE ACQUISITION OF FIRE APPARATUS THROUGH THE STATE OF WASHINGTON LOCAL PROGRAM AND EXECUTION OF A FINANCING CONTRACT AND RELATED DOCUMENTATION RELATING TO THE ACQUISITION AND REIMBURSEMENT OF THE FIRE APPARATUS. WHEREAS, the City of Moses Lake, Washington (the “Local Agency”) has executed a Notice of Intent to the Office of State Treasurer, in the form of Exhibit A (the “NOI”) to the form of Local Agency Financing Contract attached hereto as Attachment 1 (the “Local Agency Financing Contract”), in relation to the acquisition of and the financing of the acquisition of the Property, as defined below, under the provisions of RCW ch 39.94; and WHEREAS, it is deemed necessary and advisable by the City Council of the Local Agency that the Local Agency acquire one combination fire pumper-tender apparatus identified in the NOI (“Property”); and WHEREAS, it is deemed necessary and advisable by the City Council of the Local Agency that the Local Agency enter into a Local Agency Financing Contract with the Office of the State Treasurer, in an amount not to exceed $840,000, plus related financing costs, in order to acquire the Property and finance the acquisition of the Property; WHEREAS, the Local Agency will undertake to acquire or to reimburse itself for the acquisition of the Property on behalf of and as agent of the Washington Finance Officers Association (the “Corporation”) pursuant to the terms of the Local Agency Financing Contract, and in accordance with all applicable purchasing statutes and regulations applicable to the Local Agency; and WHEREAS, the Local Agency desires to appoint the individuals set forth in Exhibit C to the form of Local Agency Financing Contract as representatives of the Local Agency in connection with the acquisition of the Property and execution of the Local Agency Financing Contract (each an “Authorized Agency Representative”); NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON, DO ORDAIN; as follows: Section 1. The individuals holding the offices or positions set forth in Exhibit C to the form of Local Agency Financing Contract are each hereby appointed as representative of the Local Agency in connection with the acquisition of or reimbursement for the acquisition of the Property and execution of the Local Agency Financing Contract and all other related documents. One Authorized Agency Representative shall be required to execute any one document in order for it to be considered duly executed on behalf of the Local Agency. Section 2. The form of the Local Agency Financing Contract attached hereto as Annex 1 is hereby approved and an Authorized Agency Representative is hereby authorized and directed to execute and deliver the Local Agency Financing Contract, in an amount not to exceed $840,000, plus related financing costs, and in substantially the form attached hereto with such changes as Document Ref: 4JNFG-EGUZT-JE3FT-YFXRI Page 1 of 30 505058589.1 -2- may be approved by an Authorized Agency Representative, for the acquisition of or the reimbursement for the acquisition of the Property and financing of the acquisition of the Property. Section 3. The Local Agency reasonably expects to reimburse a portion of the expenditures described herein with the proceeds of the Local Agency Financing Contract (the “Reimbursement Obligation”). The expenditures with respect to which the Local Agency reasonably expects to be reimbursed from the proceeds of Reimbursement Obligation are for the chassis on the new Property. The expenditures with respect to which the Local Agency reasonably expects to be reimbursed from the proceeds of Reimbursement Obligation will be made from the General Fund of the Local Agency, which provides for discretionary spending for basic municipal services. The maximum principal amount of Reimbursement Obligation expected to be issued for the property described in this section is $840,000. Section 4. The Local Agency hereby authorizes the acquisition of or the reimbursement for the acquisition of the Property as agent of the Corporation in accordance with the terms and provisions of the Local Agency Financing Contract. Section 5. The Authorized Agency Representatives are hereby authorized to execute and deliver to the Office of State Treasurer all other documents, agreements and certificates, and to take all other action, which they deem necessary or appropriate in connection with the financing of the Property, including, but not limited to, any amendment to the NOI and agreements relating to initial and ongoing disclosure in connection with the offering of securities related to the financing. Section 6. This ordinance shall take effect from and after its passage and publication as required by law. Adopted by the City Council and signed by its Mayor on August 24, 2021. David Curnel, Mayor ATTEST: ________________________________ Debbie Burke, City Clerk APPROVED AS TO FORM: __________________________________________ Katherine L. Kenison, City Attorney Riggs Liebrecht Myers Jackson Curnel Eck Hankins Vote: Date Published: August 30, 2021 Date Effective: September 4, 2021 Aye Aye Aye Aye Aye Aye Aye Document Ref: 4JNFG-EGUZT-JE3FT-YFXRI Page 2 of 30 505058589.1 Attachment 1 Form of Local Agency Financing Contract Annex 1 - Page 1 Document Ref: 4JNFG-EGUZT-JE3FT-YFXRI Page 3 of 30 505058589.1 Attachment 1 Form of Local Agency Financing Contract Annex 1 - Page 2 Document Ref: 4JNFG-EGUZT-JE3FT-YFXRI Page 4 of 30 505058589.1 Attachment 1 Form of Local Agency Financing Contract Annex 1 - Page 3 Document Ref: 4JNFG-EGUZT-JE3FT-YFXRI Page 5 of 30 505058589.1 Attachment 1 Form of Local Agency Financing Contract Annex 1 - Page 4 Document Ref: 4JNFG-EGUZT-JE3FT-YFXRI Page 6 of 30 505058589.1 Attachment 1 Form of Local Agency Financing Contract Annex 1 - Page 5 Document Ref: 4JNFG-EGUZT-JE3FT-YFXRI Page 7 of 30 505058589.1 Attachment 1 Form of Local Agency Financing Contract Annex 1 - Page 6 Document Ref: 4JNFG-EGUZT-JE3FT-YFXRI Page 8 of 30 505058589.1 Attachment 1 Form of Local Agency Financing Contract Annex 1 - Page 7 Document Ref: 4JNFG-EGUZT-JE3FT-YFXRI Page 9 of 30 505058589.1 Attachment 1 Form of Local Agency Financing Contract Annex 1 - Page 8 Document Ref: 4JNFG-EGUZT-JE3FT-YFXRI Page 10 of 30 505058589.1 Attachment 1 Form of Local Agency Financing Contract Annex 1 - Page 9 Document Ref: 4JNFG-EGUZT-JE3FT-YFXRI Page 11 of 30 505058589.1 Attachment 1 Form of Local Agency Financing Contract Annex 1 - Page 10 Document Ref: 4JNFG-EGUZT-JE3FT-YFXRI Page 12 of 30 505058589.1 Attachment 1 Form of Local Agency Financing Contract Annex 1 - Page 11 Document Ref: 4JNFG-EGUZT-JE3FT-YFXRI Page 13 of 30 505058589.1 Attachment 1 Form of Local Agency Financing Contract Annex 1 - Page 12 Document Ref: 4JNFG-EGUZT-JE3FT-YFXRI Page 14 of 30 505058589.1 Attachment 1 Form of Local Agency Financing Contract Annex 1 - Page 13 Document Ref: 4JNFG-EGUZT-JE3FT-YFXRI Page 15 of 30 505058589.1 Attachment 1 Form of Local Agency Financing Contract Annex 1 - Page 14 Document Ref: 4JNFG-EGUZT-JE3FT-YFXRI Page 16 of 30 505058589.1 Attachment 1 Form of Local Agency Financing Contract Annex 1 - Page 15 Document Ref: 4JNFG-EGUZT-JE3FT-YFXRI Page 17 of 30 505058589.1 Attachment 1 Form of Local Agency Financing Contract Annex 1 - Page 16 Document Ref: 4JNFG-EGUZT-JE3FT-YFXRI Page 18 of 30 505058589.1 Attachment 1 Form of Local Agency Financing Contract Annex 1 - Page 17 Document Ref: 4JNFG-EGUZT-JE3FT-YFXRI Page 19 of 30 505058589.1 Attachment 1 Form of Local Agency Financing Contract Annex 1 - Page 18 Document Ref: 4JNFG-EGUZT-JE3FT-YFXRI Page 20 of 30 505058589.1 Attachment 1 Form of Local Agency Financing Contract Annex 1 - Page 19 Document Ref: 4JNFG-EGUZT-JE3FT-YFXRI Page 21 of 30 505058589.1 Attachment 1 Form of Local Agency Financing Contract Annex 1 - Page 20 Document Ref: 4JNFG-EGUZT-JE3FT-YFXRI Page 22 of 30 505058589.1 Attachment 1 Form of Local Agency Financing Contract Annex 1 - Page 21 Document Ref: 4JNFG-EGUZT-JE3FT-YFXRI Page 23 of 30 505058589.1 Attachment 1 Form of Local Agency Financing Contract Annex 1 - Page 22 Document Ref: 4JNFG-EGUZT-JE3FT-YFXRI Page 24 of 30 505058589.1 Attachment 1 Form of Local Agency Financing Contract Annex 1 - Page 23 Document Ref: 4JNFG-EGUZT-JE3FT-YFXRI Page 25 of 30 505058589.1 Attachment 1 Form of Local Agency Financing Contract Annex 1 - Page 24 Document Ref: 4JNFG-EGUZT-JE3FT-YFXRI Page 26 of 30 505058589.1 Attachment 1 Form of Local Agency Financing Contract Annex 1 - Page 25 Document Ref: 4JNFG-EGUZT-JE3FT-YFXRI Page 27 of 30 505058589.1 Attachment 1 Form of Local Agency Financing Contract Annex 1 - Page 26 Document Ref: 4JNFG-EGUZT-JE3FT-YFXRI Page 28 of 30 505058589.1 Attachment 1 Form of Local Agency Financing Contract Annex 1 - Page 27 Document Ref: 4JNFG-EGUZT-JE3FT-YFXRI Page 29 of 30 505058589.1 CERTIFICATE OF AUTHORIZING ORDINANCE I, the undersigned, Clerk of the City Council of City of Moses Lake, Washington (the “Local Agency”), DO HEREBY CERTIFY: 1. That the attached Ordinance No. 2981 (herein called the “Ordinance”) is a true and correct copy of a Ordinance of the Local Agency passed at a regular meeting of the City Council held on the 24th day of August, 2021, and duly recorded in my office; 2. That said meeting was duly convened and held in all respects in accordance with law; and to the extent required by law, due and proper notice of such meeting was given; that a quorum of the City Council was present throughout the meeting and a legally sufficient number of members of the City Council voted in the proper manner for the passage of the Ordinance; 3. That all other requirements and proceedings incident to the proper passage of the Ordinance have been duly fulfilled, carried out and otherwise observed; 4. That the Ordinance remains in full force and effect and has not been amended, repealed or superseded; and 5. That I am authorized to execute this certificate. IN WITNESS WHEREOF, I have hereunto set my hand as of this _____________________. City Clerk 2021-08-26 Document Ref: 4JNFG-EGUZT-JE3FT-YFXRI Page 30 of 30 Signature Certificate Document Ref.: 4JNFG-EGUZT-JE3FT-YFXRI Document signed by: Katherine Kenison Verified E-mail: kkenison@basinlaw.com IP: 173.209.171.7 Date: 25 Aug 2021 20:13:10 UTC Mayor David Curnel Verified E-mail:dcurnel@cityofml.com IP: 63.142.221.35 Date: 26 Aug 2021 04:41:46 UTC Debbie Burke Verified E-mail: dburke@cityofml.com IP: 63.135.54.162 Date: 26 Aug 2021 15:28:08 UTC Document completed by all parties on: 26 Aug 2021 15:28:08 UTC Page 1 of 1 Signed with PandaDoc.com PandaDoc is a document workflow and certified eSignature solution trusted by 25,000+ companies worldwide.