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ORD 2009 CITY OF CAMAS, WASHINGTON COMMUNITY ECONOMIC REVITALIZATION BOARD LOAN $600,000 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMAS, WASHINGTON; PROVIDING FOR THE ACCEPTANCE OF A LOAN FROM THE COMMUNITY ECONOMIC REVITALIZATION BOARD IN THE PRINCIPAL SUM OF $600,000 FOR THE PURPOSE OF PROVIDING FUNDS TO FINANCE CERTAIN PUBLIC IMPROVEMENTS; PROVIDING THE TERMS AND CONDITIONS OF SUCH LOAN AND THE FORM OF THE FINAL CONTRACT; PROVIDING FOR THE DISPO- SITION OF THE PROCEEDS OF SUCH LOAN; AND PROVIDING CERTAIN COVENANTS FOR PAYMENT OF PRINCIPAL OF AND INTEREST ON SUCH LOAN. PASSED: NOVEMBER 4, 1994 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMAS, WASHINGTON; PROVIDING FOR THE ACCEPTANCE OF A LOAN FROM THE COMMUNITY ECONOMIC REVITALIZATION BOARD IN THE PRINCIPAL SUM OF $600,000 FOR THE PURPOSE OF PROVIDING FUNDS TO FINANCE CERTAIN PUBLIC IMPROVEMENTS; PROVIDING THE TERMS AND CONDITIONS OF SUCH LOAN AND THE FORM OF THE FINAL CONTRACT; PROVIDING FOR THE DISPO- SITION OF THE PROCEEDS OF SUCH LOAN; AND PROVIDING CERTAIN COVENANTS FOR PAYMENT OF PRINCIPAL OF AND INTEREST ON SUCH LOAN. WHEREAS, the City Council (the "Council") of the City of Camas, Washington (the "City"), deems it necessary and in the best interest of the City and its citizens that certain improvements be made to the combined water and sewerage system of the City (the "System"); and WHEREAS, in order to provide the funds required for the carrying out of such plan of improvements, the City now desires to authorize the acceptance of a loan from the Community Economic Revitalization Bond ("CERB") in the principal amount of$600,000 (the "Loan"); and WHEREAS, the Council has received and considered an offer from CERB to make such Loan and has determined that it is in the best interest of the City to so accept such Loan; NOW, THEREFORE, THE CITY OF CAMAS, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION 1. Definitions. As used in this ordinance, the following words shall have the following meanings, unless a different meaning clearly appears from the context: (a) "CERB" means the Community Economic Revitalization Board or its legal successor, if any. (b) "City" means the City of Camas, Washington, a municipal corporation duly organized and existing under and by virtue of the Constitution and laws of the State of Washington. (c) "Construction Fund" means the "Water Construction Fund" created by Section 8 of this ordinance. If the first disbursement to the City by CERB under the Loan is made between January 1 and June 30, payments of principal of and interest on the Loan shall begin on the fourth July 1 following the first anniversary of the first disbursement of funds. If such first disbursement is made between July 1 and December 31, payments of principal of and interest on the Loan shall commence on the fourth anniversary of the January 1 following the first anniversary of the first disbursement of funds. The Loan shall accrue interest commencing on the fourth anniversary of the January 1 or July 1 following the first disbursement to the City by CERB under the Loan. Interest shall accrue at the rate of 5.85% per annum. Principal and interest shall be paid in equal annual payments in an amount sufficient to amortize the principal of and interest on the Loan in the sixteen annual payments. SECTION 4. Prepayment. Notwithstanding any other provision of this ordinance, the City hereby reserves the right to accelerate and prepay any or all of the principal amount of the Loan, at any time and from time to time, at par plus accrued interest to the date of such prepayment, and to eliminate the interest on any accelerated payments of principal. If all, or any portion of the principal amount of the Loan is not disbursed by CERB to the City, the amount not disbursed shall be deemed to be a prepayment of the principal amount of the Loan. SECTION 5. Creation of Loan Fund and Loan Payment Covenants. A special fund of the City known as the "CERB Water Sewer Loan Fund" (the "Water Loan Fund"), is hereby authorized and directed to be created. The Water Loan Fund shall be drawn upon for the sole purpose of paying the principal of and interest on the Loan. The Council may, at its discretion, authorize transfers into the Water Loan Fund, of moneys on deposit in the Revenue Fund which may legally be used to pay the principal or interest next coming due on the Loan. The City, however, is not obligated to make any such payments from the Revenue Fund into the Water Loan Fund. The City hereby irrevocably covenants and agrees for as long as any portion of the principal amount of the Loan is outstanding and unpaid, that each year it will include in its budget and levy an ad valorem tax, within and as a part of the tax millage levy permitted to cities without a vote of the people, upon all the property within the City subject to taxation in an amount which will be sufficient, together with all other revenues and money of the City which may legally be used and which the City may apply for such purposes, to pay the principal of and interest on the -3- FW W079.DOC 94/11/03 and used to pay the costs of making the improvements described in Exhibit A hereof and all costs incidental thereto, except as otherwise provided in Article 7 of the General Conditions to the Final Contract. Loan proceeds remaining in the Construction Fund after all of such costs have been paid or reimbursed shall (a) with the approval of CERB, be used to pay costs of other legally authorized expenditures of the City or (b) be deposited in the Water Loan Fund. Money in the Construction Fund may be invested as permitted by law. All interest earned and profits derived from such investments shall be retained in and become a part of the Construction Fund, except as otherwise provided in Article 8 of the Conditions. SECTION 9. Severability. If any one or more of the covenants or agreements provided in this ordinance to be performed on the part of the City shall be declared by any court of competent jurisdiction to be contrary to law, then such covenant or covenants, agreement or agreements, shall be null and void and shall be deemed separable from the remaining covenants and agreements of this ordinance and shall in no way affect the validity of the other provisions of this ordinance or of the Final Contract. SECTION 10. Effective Date. This ordinance shall take effect and be in full force five days after its passage, approval and publication as required by law. PASSED by the City Council of the City of Camas, Washington, and approved by its Mayor at a regular meeting of the Council, this Y` day of November, 1994. CITY OF CAMAS, WAS GTON Mayor ATTEST: i City Clerk -5- FW W079.DOC 94/11/03 CERTIFICATE I, the undersigned, Clerk of the City of Camas, Washington (herein called the "City") and keeper of the records of the City Council (herein called the "Council"), DO HEREBY CERTIFY: 1. That the attached ordinance is a true and correct copy of Ordinance No.�� of the City (herein called the "Ordinance"), as finally passed at a regular meeting of the Council of the City held on the day of November, 1994, 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 Council was present throughout the meeting and a legally sufficient number of members of the Council voted in the proper manner for the passage of said Ordinance; that all other requirements and proceedings incident to the proper adoption or passage of said Ordinance have been duly fulfilled, carried out and otherwise observed, and that I am authorized to execute this certificate. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City this ./-S- of A10- ,..1994. Clerk, City of Camas [City Seal] r TO: FROM DATE: SUBJECT: 616 Northeast Fourth Avenue P.O. Box 1055 Camas, Washington 98607 Roger, Doug, Joan Lloyd Halverson August 26, 1994 CERB Fo��ns �'� i Attached are copies of correspondence, forms, attachments, and so on from CERB. As the CERB loan becomes final, these various forms and letters need to be completed. Unless there is a mutual extension of the time limit, the variety of documents are all to be completed by November 30, 1994. Some specific items will need attention from individuals, as follows: ITEM: A. Repayment Resolution/ordinance - a sample is Roger's with any needed finance assistance from Joy. attached; would like to review the draft prior to execution of the document.) _ B. Attorney's Certificate -another Roger i also wants prior review on this. this looks like . CEKB (Kathleen Engle tem and example is enclosed. CERB C. National and State Environmea�tal Protection Act Certification. Doug's item. Sample certificate attached. D. "Uniform Notification Form" -Doug. T have asked CERB for the address of the clearing house. E. Statement regarding Permits and Clearances -Doug -this is a letter to CERB, along the lines suggested in the CERB attachment. Also, the f1na1 CERB approval is conditioned on the special conditions lis of the attached contract. Administration Building Finance Fire Library Police (206) 834-6864 (206) 834-8860 (206) 834-2462 (206) 834-2262 (206) 834-4692 (206) 834-4151 Public Works (206) 834-3451 Parks & Recreation (206) 834-7092 These are described vn items B 1-4. I will take responsibility for items B-1 and B -Z. It looks like items B-3 and B-4 related to permits are really best handled by Doug. I t trust this memo will achieve two ut Ir to keep you informed, and to parcel o E among the team. lave any questions. Please let me know as you get your tasks accomplished or if you STATE OF WASHINGTON { i -c+. ,� ias y� �'� �� 3 YJ GeV ti� -soya 1' DEPARTMENT OF COMMUNITY, TRADE AND ECONOMIC D ��I��E� �� Y ENT 2001 6th Ave. Suife 2700 •Seattle, Washington 98121 • (206) 464-6282 • (SCAN) 576-6282 • (FAX) 464-5868 May 31, 1994 TO: FROM: RE Lloyd Halverson City Administrator City of Camas Kathleen M. Engle Assistant Manager INSTRUCTIONS TO CERB FUNDING RECIPIENTS Congratulations on receiving CERB approval of your public facilities project. Attached are instructions and documents which are needed to complete (execute) the Final Contract. I would like to call attention to the following information: It is understood that a Final Contract will be developed by CERB prior to disbursement of funds and that na nroiect A fully executed Final Contract consists of completion of the documents described in this memo and the collection of three signatures on the Final Contract document: 1) the local official; 2) approval of CERB's Assistant Attorney General; and 3) approval of the CERB Chairman. The executed Final Contract date is determined by the date of final approving signature. 1. "Initial Offer of Financial Aid" Form ACTION: If you wish to accept CERB's offer, please sign and return this form by the date indicated on the form. If the terms and conditions of this offer are that CERB reconsider, amend or modify its contained in WAC 13 3 -40-060 of CERB's Administrative Rules, which is attached hereto . n�.� acceptable, you may request, in writing, offer. Provisions for reconsideration are sc-�.,e Project #C94-099 ATZ'ACFiMI;NT #2 WASIIINGTON STATE C OMM[JNITY ECONOMIC REVITALISATION BOARD INI"I'IAL OP'r�R OF rINANCIAL AID Offer Date: May 19, 1994 �,,' ` �'�C.� �---� �' � • Laws of 1982 1st ex. sess., and subject to the general f 1 ter 40 Pursuant to its authority derived rom c lap � � hereafter • • • le Communit Economic Revitalization Board and s eclat conditions attached hereto, t� y p �� ++ ods available to the City of Caillas hereafter Referred referred to as CERB ), hereby offers to make fu .. . �� +� �ancin the cost of, or improvements to, public facilities to as the Contractor , in order to aid in fin g 1 • isle as described in the application (hereafter colrective y consisting of 9,400 ll�lear feet of waterl referred to as the "Project"). • cribed and shall constitute the maximum allowable 20 -year Funds rovided shall be in the form des p repayment period: • f 5000 000. Interest on the loan shall be computed • A loan in the amount o , and aid at the rate of 5.85% per annui�l for sixteen (16) years. p ri•al of rinci al and interest repayments for four (4) yew's. A d efe p p • auras would roject would result in a decline of twenty Should an evejit occur wl��ch the City of C P tiff with ° ssessed valuatiojl, the City would provide CERB s erceilt (20 /o) or snore in the City s a uric Revit.alizatioii p bl the Commu�tity Econo full financial information regarding sucn even w G..a�.� �.�� ------------� — Bonrd to review the terms of the contract at the next practicable board meeting. The offer herein provided for shall be subject to completion of: (1) special conditions, as applicable, (2) .. _�_�.__ ..,.,.,...�;,,., fPf1YlC a„�1 conditions of the offer, and (4) attorney's certificate, (3) ordinance or reso�uuvu a��.�l��s ��_•••� µ..�------- evidence of satisfactory completion of all necessary permit processes. • elo ed b CEF�.I3 prior to disbursejj1eiit �oC t hall be dev p y It is understood that a Fli�ai Contrac s ilI . _�_ �� __�...,,a .,,-:nr t� t�,P PxPcuted Final Contrac a e_� funds and that -� The Pillai CoIitract shall consist of: nt #1 - Si ned Certification Page of Application Form Attachme g Attachment #2 -Initial Offer of Financial Aid Attachment ##3 -General and Special Conditions Attachment #4 -Loan Ordinance or Resolution Attachment #5 -Attorney's Certificate If accepted; this Initial Offer o J�ily 21, 1994. CERB By: 'Title: Date: d must be si ned aid returned to CERB prior to f Financial Ai g ACCEPTANCE CQNTRAC'TOR Dy: Title: Date: �.,,- / P, � c.,/ / 9 cl INSTRUCTIONS TO CERB FZT�[�TDING RECIPIENTS Page 2 2. General and Special Conditions ACTION: Please review and comply with these conditions, as appropriate, paying particular attention to the Special Conditions contained on page nine of Attachment #3. 3. Necessary Documents and Information for Completing the Final Contract These forms do n� need to be returned with the "Initial Offer of Financial Aid. " However, they must be completed within six months from the board approval date and returned by November 30.1994. A. Repayment Resolution/Ordinance (sample enclosed) ACTION: Complete in draft form and provide to me far review prior to execution of the document. B. Attorney's Certificate (sample enclosed) ACTION: Complete in draft form and provide to me for review prior to execution of the document. C. National and State Environmental Protection Act Certification ACTION: Complete and return. � � . D. "Uniform Notification Form" {form. and instructs Plea:�e c�mnly with the Washington Intergovernmental Review Process. ----------ry -�------- ------ v-- - �..- - Although some clearinghouses are no longer operating, please check with the clearinghouse in your area (see attached list) and complete the attached form if applicable. Please provide a copy of the filing to CERB or a letter stating the clearinghouse in your area is no longer operating. Completion of the process is � required prior to execution of the Final Contract. E. Statement Regarding Permits, Clearances, etc. ACTION: Please provide a letter stating that all of the necessary permits and clearances have been, are in the process of, or will be complied with prior to expenditure of CERB funds. The letter must be signed by the appropriate local official. The letter should contain a listing of the basic permits, clearances, etc. which are pertinent to the project. This statement pertains only to the public works construction project, and is not intended to extend to the requirements which must be met by the private development. CAREFULLY REVIEW AND 11✓IAI�:E NOTE OF THE CRITICAL DATES, ETC. CONTAINED IN THE ENCLOSED FOI�:M ENTITLED "SUMl1✓IARY OF CRITICAL DATES AND INSTRUCTIONS". CERB AUTHORIZATION IS REQUIltED FOR ANY EXTENSIONS OR MODIFICATIONS TO THE PROJECT. If you have any questions, please do not hesitate to contact me at (206) 464-6282. Project #C94-099 ATTACHMENT #3 Except as supplemented or modified by the Special Conditions set forth on page nine {9), the following articles shall constitute General Conditions to the Final Contract. a) CERB shall mean the Community Economic Revitalization Board. b) Contractor shall mean the City of Camas. c) The Contract Agreement shall consist of the Certification Page from the application, the Initial offer of Financial Aid, General and Special Conditions, and the Resolution or ordinance accepting CERB assistance and detailing repayment terms, if applicable, and shall include all modifications thereto incorporated into documents. d) This contract shall be construed for all purposes as a contract entered into pursuant to the laws of the state of Washington. The contract documents are complementary, and what is called for by one shall be binding as if called for by all. All permits and licenses necessary for the prosecution of the project works shall be secured and paid for by the Contractor. Easements for permanent structures or permanent changes in existing facilities shall likewise be secured and paid for by the Contractor. The Contractor shall give all notices and comply with all laws, ordinances, rules and regulations bearing on the conduct of the project work. The Contractor must evidence satisfactory completion of all necessary permit processes. The Contractor shall comply with all relevant local, state and federal regulations. CITY of CAMAS Page 1 of 9 Unless other arrangements are agreed upon in writing and incorporated into this document under Special Conditions, the Contractor shall have ninety (90) days, or until the next regularly scheduled board meeting ager ninety days, to complete contract requirements between the date the Initial Offer of Financial Aid is executed and the date the Final Contract is executed. Extensions maybe considered upon appropriate request. This a reement shall not be construed as permitting the Contractor to exceed any public debt limitation g established by statute, constitutional provision or otherwise, and the obligation created by a CERB loan to the Contractor shall be included in the total constitutional debt obligation of the Contractor. A CERB loan constitutes a full faith and credit debt obligation of the Contractor. The Contractor's obligation to repay the CERB loan is unconditional. OPTION 1 _ (advance of funds) The precise terms of disbursement shall be as follows: No funds will be disbursed for construction expenses until a bid is awarded for the project. The initial installment will be payable upon CERB's receipt and acceptance of a state voucher form certifying the project starting date, and the amounts that will be due and payable by the Contractor within ninety (90) days of the request for the initial installment. Documentation of funds expended will be� required on an advance of funds request within ninety (90) days of the request. In the event the advanced funds have not been expended within 90 days, .x,r+rP„ PY„la„ar;�„ a� to why fi�nris have nit been used and a timetable as to when funds are P anticipated to be expended shall be submitted no later than 90 days from disbursement. Ten (10) percent of funds will be retained by CERB on all advance requests until documentation of funds expended for the full amount is received. All other payments shall be made on a reimbursement basis only upon CERB's receipt and acceptance of a state voucher form and a recap of expenditures form providing a breakdown of funds disbursed in the previous installment (forms provided by CERB) and documentation of funds expended. Total funds disbursed shall not exceed actual amounts required for the project described or the amount of the CERB award, whichever is the lesser. All funds other than CERB's must be disbursed prior to CERB funds, except where required on a matching basis by other federal or state programs. CERB will not recognize any requests for project cost over -runs. CITY OF C��v1AS Page 2 of 9 If a combination the grant portion loan and grant is approved, under no circumstances will payment be made from prior to total disbursement of funds from the loan portion. OPTION 2 _ (reimbursement of funds) The precise terms of disbursement shall be as follows: Funds will be disbursed on a reimbursable basis only. The initial installment shall be payable upon CERB's receipt and acceptance of a state voucher form certifying the project starting date and appropriate certification of the amounts paid to date. The second and any additional payments will be made in a similar manner and will include a recap of expenditures form providing a breakdown of fund provided by CERB}. s disbursed in the previou s installment (forms Total funds disbursed shall not exceed actual amounts required for the project described or the amount of the CERB award, whichever is the lesser. All funds other th��.n CERB's must be disbursed prior to CERB funds, except where required on a matching basis by other federal or state programs. CERB will not recognize any requests for project costs overruns. If a combination loan and grant is approved, under no circumstances will the grant portion prior to disbursement of funds from the loan portion. payment be made from In those cases where funds have been disbursed by CERB, and the commencement of the Contractor's performance has been delayed beyond thirty (3 0) days after execution of the Final Contract, all unex ended funds disbursed by CERB pursuant to this agreement shall be placed in an interest-bearing p account, in CERB's name, and all interest accruing on such funds shall Inure to the benefit of CERB . Loan a mems shall be made to CERB in accordance with the terms described in Attachment �4 to this py agreement. U on failure to pay any installment, or any portion thereof, of principal or interest, CERB may at its p option declare the entire remaining balance of the loan, together with interest accrued thereon, immediately due and payable. Failure to exercise its option with respect to any defau constitute a waiver by CERB to exercise such options for any succeeding installment then be in default. The Contractor shall pay the cost and reasonable attorney's fees i in any action undertaken to enforce its rights under this contract. CITY OF CAMAS It shall not payment which may ncurred by the State Page 3 of 9 The Contractor's performance shall commence within one hundred twenty (120) days after execution of the Final Contract, unless otherwise specified in the Special Conditions. E�ctension may be considered upon appropriate written request. Any c amendments to Special Conditions. hanges are to be incorporated into this document as additions or If at any time during the term of this agreement CERB determines that project performance is unsatisfactory, including, but not limited to: (a) defective work not remedied, or (b) a reasonable doubt that the Contract can be completed for the balance then unpaid, CERB reserves the right to withhold payments until the problem is remedied or to exercise its rights of termination under Article 16 of this agreement. The Contractor shall continuously maintain adequate protection of all the project work from damage and shall rotect the ro ert from in'u or loss arising in connection with this contract. The entire work of p P p y J� the Contractor shall be at the sole risk of the Contractor. The Contractor may elect to secure fire, extended coverage and vandalism insurance or all-risk insurance to cover the project work during the course of construction. The Contractor shall take all necessary precautions for the safety of employees on the project work, and shall com 1 with all applicable provisions of federal, state and local safety laws and building codes to py p revent accidents or injuries to persons, on, about, or adjacent to the premises where the work is being performed. All ro ert facilities, and records developed pursuant to this agreement shall be available for inspection p p y� u on re uest during regular business hours by CERB or its authorized representative. All records p q supporting every request for payme the expenditures. this agreement. nt shall be maintained in a manner which will provide an audit trail to This aragraph shall be included in any and all subcontracts let by the Contractor under P The Contractor shall defend, protect, and hold harmless the State of Washington, the Department of Trade and Economic Development, CERB, or any state employee from all claims, suits, and or actions arisin from an damage caused, negligent act, or omission of the Contractor or any authorized g y . subcontractor, or any employees or agents of either while performing this contract. CITY of CAMAS Page 4 of 9 During the performance of this contract, the Contractor shall comply with the following federal and state nondiscrimination laws, regulations, and policies: A. The Contractor shall not, discriminate against any employee or applicant for employment because of race, color, sex, religion, national origin, creed, marital status, age, or the presence of any sensory, mental, or physical handicap. This covers not only hiring but also upgrading, demotion, transfer, recruitment, or selection for training. B . The Contractor shall not, on grounds of race, color, sex, religion, national origin, creed, marital status, age, or the presence of any sensory, mental, or physical handicap 1. Deny any services or benefits provided to the public. 2. Provide any services or benefits in a different manner from those provided to the general public. 3. Subject an individual to segregation or separate treatment while rec or benefits provided to the general public. .. elVing any SerV1CeS 4. Deny any individual an opportunity to participate in any program provided by this contract which is different from that afforded others. 5. Utilize criteria or methods of administration which have the effect of subjecting individuals to discrimination in determining: (a) the types of services or benefits to be provided; (b) the class of individuals to whom services or benefits will be provided; (c) the situation in which services or benefits will be provided; or (d) the class of individuals to be afforded an opportunity to participate in any services or benefits. C. CERB shall advise the Contractor irrimediately if it becomes aware of any noncompliance with the above laws and give reasonable time to cure the problem. In the event the Contractor refuses to com 1 ,this contract may be terminated in whole or in part, and the Contractor will be declared py ineligible for further contracts with CERB . D. Whenever ossible the Contractor will subcontract with minority-owned and women -owned . p � . business enterprises certified by the Ofllce of Minority and Women s Business Enterprises. S ecific amounts subcontracted to those firms will be reported to the Department of Trade and p . Economic Development to help it comply with RCW 3 9.19 which has as its goal that at least 10 P ercent of all its contracts go to minority-owned firms and 4 percent go to women -owned firms. The dut of CERB to a rove disbursement of funds pursuant to this agreement is contingent upon strict y Pp com Bance b the Contractor with the terms of the agreement. The duty of the State of Washington to P y disburse funds is contingen general fund. CITY OF CAlV1AS t upon the funds being available in the appropriate accounts of the state Page 5 of 9 The Contractor shall submit progress reports as required by CERB. The Contractor shall also report, in writing any problems, delays, or adverse conditions which will materially affect the ability to meet project objectives, time schedules, or work units accompanied by a statement of the actio resolve the situation. by the established time period. This disclosure shall be n taken or contemplated and any CERB assistance needed to Within forty-five (45) days of project completion or whenever CERB project assistance is terminated, the Contractor shall submit a Project Completion Report to CERB, signed by the Contractor's responsible party, which shall include an accounting of all expenditures, a description of work accomplished, further refinement of private sector permanent employment impacts, etc. (format to be provided by CERB). If the project is not completed, the report shall contain an estimate shall contain a final accounting summarizing all expenditures not overall summary for the entire project. of the percentage of completion, and previously reported and shall include an After submission of the Project Completion Report, the Contractor shall continue, as required or for not less than three years, to submit annual reports on the economic impact of the project. The reports shall be in a format acceptable to CERB and describe the private sector employment and investment activity resulting from the project. CERB may require strict compliance by the owner with the terms of this agreement, including but not limited to, the requirements of the applicable statutes, rules and policies incorporated in this agreement, and with the representations of the Contractor in its application for a grant as finally approved by CERB . All obli ations of CERB under this agreement may be suspended or canceled at the option of CERB if g any of the following occur: a) The Contractor has failed to make satisfactory and reasonable progress to complete the project, or CERB concludes it will be unable to complete the project or any portion of it. b The Contractor has either made misrepresentations in its application or in any other ) . information furnished to CERB in connection with this project, which misrepresentations would have provided a basis upon which the application would have otherwise been rejected. CERB or its staff may suspend, or may terminate, the obligation to provide funding to the Contractor under this agreement in the event of any breach or anticipatory failure by the Contractor to assure erformance of an of the obligations under this agreement, including the probable failure to occur of all p y or an of the rivate development or expansion which justified the project. CERB may at its absolute y p discretion, provide a reasonable time for such defect to be cured, including allowing the Contractor to find a satisfacto re lacement in private development. Any such replacement must be approved by the ry p board. In the event that an onion of the loan or grant amount has been paid to the Contractor under this yp _ . a reement at the time of breach, or failure of the Contractor to satisfactorily perform or failure of the g CITY of CAMAS Page 6 of 9 private development to occur, CERB may require that such amount be repaid in full not later than ninety (90) days from date of demand. The Contractor shall not at any time convert any property or facility acquired or developed pursuant to this agreement to uses other than those for which CERB assistance was originally approved without the prior written approval of CERB . In the event that the Contractor converts any such property or facility to an unapproved use, the Contractor shall pay to CERB all funds disbursed under this contract with interest in full upon demand. CERB's failure to insist upon the strict performance of any provision or to exercise any right based upon a breach of the contract or to accept any defective performance, shall not constitute a waiver of any rights under this contract. No work to be performed under this contract shall duplicate any work to be charged against any other contract, subcontract, or other source. This provision shall be included in any subcontract which exceeds $2 5 00. The Contractor shall advise CERB, in writing, of any other work it has performed or is performing which might be relevant to this contract. �� Either party may, from time to time, request changes in this contract. Any such change shall be effective only if committed to writing, signed by all parties, and incorporated into this agreement. CERB reserves the right to display, during the period covered by this agreement and affer project completion, appropriate signs or financially in this project. markers identifying the roles of the state and other agencies participating The Contractor shall be in full compliance with all state unemployment and industrial insurance laws while erformin work under this contract. CERB will not be responsible for payment of industrial p g insurance premiums or for any other claim or benefit for the Contractor, or any subcontractor or em to ee of the Contractor, which might arise under the industrial insurance laws during performance of p y this contract. CITY OF CAMAS Page 7 of 9 All notices, demands, requests, consents, approvals, and other communication which may be or are required to be given by .either party to the other under this agreement shall be in writing and shall be deemed to have been sufficiently given for all purposes when delivered or mailed by first class postage or certified mail, postage prepaid, addressed as follows: a) Notice to CERB: Department of Community, Trade and Economic Development Community Economic Revitalization Board (CERB) 2001 6th Avenue Suite 2700 Seattle, WA 98121 b) Notice to Contractor: Lloyd Halverson City Administrator City of Camas P.O. Box 1055 Camas, WA 98607 (name) (title) (political subdivision) (address) (address) or to such other official or addresses the Contractor shall have furnished to CERB in writing. Project cost accounting will be accomplished within prescribed standards as approved by the Office of the State Auditor and material and records evidencing such accounting shall be held available for audit by the State Auditor, Division of Municipal Corporations, State of Washington. A copv of the State Auditor's reports) of the project will be provided to CERB by the Contractor. CITY OF CA.��iAS Page 8 of 9 } City of Camas SPECIAL A. Repayment terms are as follows: C4NDITIQNS Project ##C94-UYY • Interest rate: 5.85 percent per annum on the outstanding principal balan • A deferral of principal and interest repayments for four (4) years. • Term: 20 years � • If the first disbursement is between January 1 and June 3 0, repayment will begin _July 1 following the first anniversary of the first disbursement of funds. • If the first disbursement is between July 1 and December 31, repayment will begin January 1 following the first anniversary of the first disbursement of funds. B. The $600,000 loan offer is conditioned upon the following: 1. Receipt by the board of evidence that all outstanding siting issues for Linear Technology have been resolved, specifically (a.) land issues regarding the site, (b) state tax issue regarding sales tax Linear Technology of Washington will be required to pay when they purchase equipment from a Linear Technology subsidiary, and (c.) the property tax trending table that will apply to Linear Technology. 2. Receipt by the board of evidence that the financing for Linear Technology's project is in place. 3. Receipt b the board of evidence that all permits required for Linear Y Technology's project have been issued. 4. Receipt by the board of evidence that an environmental review of the public sector project has been completed and either no environmental , or if any such permits are required, permits are required to be obtained they have been obtained. CITY OF C��v1AS Page 9 of 9 (ORDINANCE OR RESOLUTION) it subdivision) for aid in financing the costs of public facilities consisting of ATTACHMENT #4 An (ordinance or resolution) of the (political subdivision), Washington, authorizing and directing the (appropriate off icer (s) , by title) to execute on behalf of the (political subdivision) an agreement between the Washington State Community Economic Revitalization Board and the (polltical (describe project) . The (political subdivision) does hereby resolve as follows: Section 1. That the (approprl*ate officers (s) , by title ) of the (political subdivision) be and (he/she is or they are) hereby authorized and directed to execute, on behalf of the (polltical subdivision) a Final Contract between the I Community Economic Revitalization Board and the (political subdivision) and such other documents as may be required for securing aid in financing the cost of the above-described public facilities. A copy of said Final Contract aS Exhibit A, and made a part herein in full. is attached hereto, designated hereof as though set forth Section(governing body of the Political subdivision; commission, council etc.) has accepted the offer of the loan from the Community Economic Revitalization Board in the amount of $ said loan to bear interest at the rate of % per annum. Repayment of said (general obligation or revenue -based) loan shall be in accordance with the provisions of Article 8 of the General and Special Conditions to the Final Contract and more particularly as follows (described repayment terms) The (political subdivision) reserved the right to accelerate payments on principal and eliminate the interest on any accelerated principal payments. This obligation shall be considered as a legal general obligation of the (political subdivision) and the (political subdivision) hereby pledges its full faith and credit to the payment thereof. CERB SAMPLE FORM Ordinance or Resolution -- Page 2 Section 3. The (political subdivision) shall establish a separate fund to be known as the Community Economic Revitalization Board (CERB) Fund. Establishment of this fund app lies to CERB grants and loans. shall be sufficient moneys placed detailed repayment schedule. The (Include emergency clause, DATED AND SIGNED this ATTEST: In the case of a loan, there in this fund to meet the above - source of payment is if necessary. ) day of (POLITICAL SUBDIVISION) By• By• (Note: Signatures same as officers) the first section 19 should be the so designated in of this document. ATTORNEY'S CERTIFICATE Chairman Community Economic Revitalization Board c/ o Dept . o f Trade & EconDev 2001 Sixth Avenue, S Seattle, Washington Dear S it I am an attorney at Washington, and the the applicant: omic iordinances uite 2700 98121 ATTACHMENT #5 DATE: law admitted to practice in the State of duly selected and duly appointed attorney of ' ( name of political subdivision ) I have examined the application which is filed with Economic Revitalization Board of the State of Washingt assistance is requested for the following described fac I have reviewed above-described assistance from follows: (describe project ) the Community on, whereby pt ilities project: blic all (resolutons/} relating to the pro] ect , including those accepting the f inanc i.al the Community Economic Revitalization Board as (described loan/grant terms as will be set forth in Final. Contract) Community Economic Revitalization Board. I have also reviewed the Final Contract to be executed by the Community Economic Revitalization Board and the (political subdivision) and all attachments incorporated within such a reement including the General and Special Conditions of the g I have examined the financial subdivision) , paying particul outstanding debt. RCW and any success Limitations for tax records o f the ( political ar attention to the composite I am aware of the or or other taxi provisions of Chapter 39 statute or rule relating to de districts. bt I have further examined the proposed public facilities project outlined in the application in the light of existing comprehensive land use plans and zoning ordinances for the (political subdivision) , including the plans for the acquisition of land and the development thereof for the public facilities project . For this purpose, am including Shoreline Management Plans as comprehensive land I use plans. CERB SAMPLE FORM Attorney's Certificate - Page 2 I have also examined any and all documents and records additional to the above which are also germane to the proposed loan/grant. Based on the foregoing, it is my opinion that: 1. The (political subdivision) is a public body, properly constituted and operating under the laws of the State of Washington, empowered to receive and expend federal, state and local funds, to contract with the State of Washington, to receive and expend the funds involved accomplish the obi ectives set forth in 2. The (political subdivision) is (resolution/ordinance), a copy accepting the aforesaid f inanc for the repayment of the loan Contract and the attached (res for said purposes, to their application. empowered to of which is adopt the at hereto , ial assistance and providing as set forth in the Final olution/ordinance) . 3. Such (resolution/ordinance) was properly adopted in accordance with the laws of the State of Washington. 4. The (political subdivision) has the right, title and interest in all real property required to construct and implement the above-described public facilities project. Specifically: (This paragraph of the opinion should indicate in some detail (1) whether the political subdivision owns a fee interest or holds some other right (i.e., easement, right-of-way, etc.) in the property on which the public facilities are to be constructed, and (2) the limitations, if any, on the use of such property interest.) 5. There is currently no litigation in existence seeking to enjoin the commencement or completion of the above-described public facilities prof ect or to enjoin the (political subdivision) from repaying the loan extended by the Community Economic Revitalization Board with respect to such project. The (political subdivision) is not a party to litigation which will materially affect its ability to repay such loan on the terms contained in the attached (resolution/ ordinance), except. (described any such litigation, giving status and anticipated outcome) CERB SAMPLE FORM Attorney's Certificate - Page 3 6. Assumption of this obligation would administrative rule debt limitations (pol itical subdivis ion) . not exceed statutory and applicable to the 7 . To the best of my understanding, the proposed project is consonant with any and all land use plans and zoning ordinances, as those terms are described above. Based on the factual representations made to me, for purposes of this opinion, by (identity of political subdivision officer or other representative), I further certify that the (political subdivision) is in legal compliance with those requirements of the Community Economic Revitalization Board upon which disbursement of the loan/grant commitment of the agency has been conditioned. Very truly yours, (signature, applicant's attorney) DH:3.17/ 103-105 D R A F T CERTIFICATION National and State Environmental Protection Act I hereby certify that the (city, county or port) of has complied with the provisions of the National Environmental Protection Act (NEPA) , to the extent that the same is applicable, and with provisions o f the State Environmental Protection Act (SEPA, chapter 4 3 .21C) including, particularly, wetlands protection for the public facilities project described as follows; (Brief description of the project) Specifically: (This paragraph should describe that an environmental assessment or environmental check list has been coripleted or that the project is otherwise exempted from the provisions o f S EPA , with appropriate reference to the provisions o f 1 aw exempting the project. otherwise, there should be a brief summary indicating either that a declaration o f noes igni- - f icance was f it ed with appropriate reference to the date , or that an envi� onmental impact statement has been under taken with a report on its progress , i . e . , dates o f filing o f draft and final environmental impact statements or other statement of progress. ) At the date of this certification there has been no challenge to the actions taken by the (city, county or port district) pursuant to NEPA or SEPA, or by any other agency in relation to the above described project and no challenge is anticipated. (Describe any reasonably anticipated challenge giving analysis of the possible outcome.) ;tame o f O f f i c i a l Title Date of Certification r WASHINGTON INTERGOVERNMENTAL REVIEW PROCESS UNIFORM NOTIFICATION FORM 2 . APPLICANT : 4 . PROJECT TITLE : 5 . CONTACT PERSON Name Phone: Address: 7 . DESCRIPTION 1. PROJECT IDENTIFICATION NUMBER. 3 . PROPOSED DATE OF SUBMITTAL: 6 . FUNDING (INDICATE AMOUNT OF FUNDS Federal $ State $ Local $ Other $ TOTAL $ 8. GEOGRAPHICAL AREA AFFECTED (County, City, Town, etc. ) 9 . DURAT IOl1 OF PROJECT 11. CERTIFYING OFFICIAL : Name: Signature: Title . AND SOURCE 10 . DATE COru�iEr1TS ARE DUE INSTKU�TZ4NS 1 . Enter the project idem application identificati clearinghouse for your Q, if kation number, which is the state on number assigned by the jmoo urisdiction. The applicant must contact the clearinghouse and %ask to be assigned this number. The project identification number is unique to this application and cannot be transferred. Enter the name of the agency, organization, or individual responsible f or the application. Please do not use acronyms. Enter the date the formal application will be submitted to the funding agency (normally a maximum of 30 days f rom submittal to the appropriate clearinghouse (s) f or non competing continuation awards and a maximum of 60 days f or all others), Enter the title, preferably descriptive, of the project. 5. Enter the name of the person to be contacted for further information about the proposed project. Include the mailing address and phone numbers. 6. Enter funding amounts to the nearest dollar. If any are in the form of "in-kind" contributions, please indicate. Also, indicate the source of funds. 7 . Briefly describe the project, being as specific as possible, but including its goals. The description should include the following information: - �urpese of the project, Se=ment of the . population to receive services and benef its. Kinds of services or benefits to be provided by the project. Sources of state and local funding. 8 . Enter geographical area affected by the project (indicate county, city, state, etc) . For application= Generated by a private agency, non-profit agency or local zublic acengv a cc�v of t:�e f cr�r►, must be subr�? tted to all clearincheuses r W ^OS? 11r1SCft"WO1C'rlbe bV t:.DrO�er''- ° . Enter t:ne Gates the �roi ect w� 11 actually; ta'�e �lGCe. Z= .r J - t::ls is an acclicu `icn for f uncs tc ccr.tinue G or of ect e�: .e r ce. t i been. LO 1 ~C , C3 � p LhP 1 a Ez L � =0 cTiiM PT- 0 n !N 1 1 be recei~;ed. 11 , Enter the r..::ne, signature, and title of the official responsible for aut:�orizirig tris proposal and the date signed. Spokane Stevens Thurston Wahkiakum Walla Walla Whatcom Whitman • Yakima Spokane Regional Council Spokane City Hall, Sixth Floor, Room 627 West 8W Spokane Falls Blvd. Spokane, WA 99201-3333 a 44 (509) 456.4340 (Same as Ferry County) Thurston Regional Planning. Council Building 1, Administration 2000 Lakeridgc Drive SW Olympia, WA 98502 (206) 786-5480 (Same as Cowlitz County) Walla Walla County Planning Department 310 West Poplar, Suite 117 ' Walla Walla, WA 99362 (509) 527-3285 (Also clearinghouse for Columbia County) • Whatcom County Council of Governments 1203 Cornwall Avenue, Suite 104 Bellingham, WA 98225 (206) 676-6974 Whitman County Planning Department P.O. Box 430 Colfax, WA 99111-0430 (509) 397-6212 Yakima Malley Conference of Governments 104 N. First Street, Room B24 Yakima, WA 98901 (509) 5754372 1� I r. J F.� �i t} �i PROVISIONS UX P�LCONSIDERATION EXCEi�PT FROP� CERB' S ADMINISTRATIVE RULES NEW SECTION WAC 133--4n-n60 �EOUEST.S FOR RECONS I I�ERAT TON . 1 pot� )_itical sbd1vlsion b� } Any whose governing body takes exception to the terms and conditions of the public fac11it contrast offered y loan and/or grant by the board upon authorization of such loan and/or grant may request the board in writ " inq to reconsider, amend or modify its offer. Any such request s t sha _l 1 q propose spec l f is amendments or modifications, and shall fully substantiate the r_ easons therc'for. . t 2) Any poi 1tical subd iv i_s ion whose a )l ica tion ton for � financial assistance was denied in whole or inart b th within 15 days of noti.f_icat �' y e board, ion thereof may petition the board in writing to reconsider its decision. Such requests f reconsidP.ratlon shall onlybe submitted ted wl th new oa for sr additional information in support of the application not available to the board during its initial del icer_ ati.ocls . SUMMARY VF CRITICAL DATES AND INSTRUk 1 0NN The following policies have been developed by the Community Economic Revitlization Board The provisions are contained in the contract documents. They are summarized below for your information to assist you with contract compliance. . 1. The applicant must have all necessary and required actions ready to occur to allow the project to proceed to construction within a six month period from board approval to final contract execution. The board may, on a case-by-case basis,. extend this time period upon written request. The following contract documents with associated execution times are listed below and comprise the six-month period. a. The Initial offer of Financial Aid must be signed and returned to CERB within 45.E of the applicant's receipt of the document. b. Following execution of the Initial Offer of Financial Aid, the applicant has approximatelyy-dayj to complete Final Contract documents. c. The Final Contract must, be signed and returned to CERB within 30—c� of receipt of the document. t 2. The applicant has 120 •following execution of the Final Contract to commence project construction. This may be extended upon written request. 3. No funds will be disbursed before a hid is awarded for project construction. Funds play be either advanced or reimbursed. 4. If CERB funds are drawn and project construction does not begin within 30 , the funds must be placed in ail interest-bearing account payable to CERB. 5. If a grantlloaii combination is approved, all loan funds will be dra�vll ri r t.Q grant funds. 6. All funds other than CERB funds must be disbursed prior to CERB funds, except tivf here required -, oIl a matching basis by other state or federal prograll�s. 7. No cost over -runs will be considered by CERB. 8. A Final Rev ort. shall be submitted to CERB, signed by the responsible local official, wlthln �5 � • of project completion or whenever CERB assistance is terminated. 9. If the applicant draws CERB fields that are not deeded for the project, these funds must be returned to CERBwit11i1� 3U days after submission of the Fin��l Report. lU. The project is to be audited by the State Auditor's Office of Municipal Corporations. A copy of the audit report is to be provided to CERB. �cntical.wpsl PRESTON GATES ATTORNEY S March 17, 1995 Ms. Joan M. Smith nance Di Firector City of Camas 616 N.E. 4th Avenue Camas, WA 98607 Re: City of Camas, Washington, CERB Loan - $600,000 Dear Ms. Smith: All proceedings for the authorization and consummation of the above loan transaction have now been completed and we have delivered our approving legal opinion with respect thereto. Accordingly, I have prepared and enclose. our statement for legal services rendered and costs incurred in connection with this financing. Also enclosed is a bound transcript of the proceedings and documentation relating to this If any questions arise, please do not hesitate to call. Very truly yours, PRESTON GATES &ELLIS By Forrest W. Walls FVVW : mlb Enclosures J:\FV1/W116966-00.004\03$2YC. DOC A PARTNERSI-QIP INCLUDING A PROFESSIONAL CORPORATION ANCHORAGE COEUR D' A L E N E LOS ANGELES PORTLAND SPOKANE T A C O M A WASHINGTON, D.C. 5000 COLUMBIA CENTER 701 FIFTH AVENUE SEATTLE, WASHINGTON 98104-7078 PHONE: (206) 623-7580 FACSIMILE: (206) 623-7022 PUBLICATION THE FOLLOWING PUBLICATION: ORDINANCE NO. RESOLUTION NO. NOTICE WAS RECEIVED BY THE POST RECORD ON DATE AT FOR PUBLICATION TIME DATE j SIGNITURE OF PERSON RECEIVING PUBLICATION: r CITY OF CAMAS, WASHINGTON LOAN FROM COMMUNITY ECONOMIC REVITALIZATION BOARD $600,000 Opinion Dated: November 28, 1994 PRESTON GATES & ELLIS CITY OF CAMAS, WASHINGTON LOAN FROM COMMUNITY ECONOMIC REVITALIZATION BOARD $600,000 RECORD OF PROCEEDINGS Certificate of the Clark County Assessor stating the assessed valuation of all of the taxable property within the City as fixed in the fall of 1994 for the purposes of 1995 taxation. 2. Statement of the City as to outstanding voted and non -voted indebtedness of the City. Certificate of the Finance Director as to cash and investment balances in the General Obligation Bond Redemption Funds of the City. 4. Bond Counsel's Calculation of Debt Limit. Certified copy of Ordinance No. 2009 of the City (the "Loan Ordinance") authorizing the loan from the Community Economic Revitalization Board. 6. Form 8038-G and Affidavit of Mailing. 7. Final approving legal opinion of Preston Gates & Ellis. J:\FW W\16966 -00.004\0302U9. DOC D SCARBROUGH, CTY CLERK PAGE 1 CITY OF CAMAS -��----� CITY HALL CAMAS, WA 98607 DEAR DISTRICT REPRESENTATIVE: I HEREBY CERTIFY THAT THE ITEMIZED ASSESSED VALUE BY CODE DISTRICT LISTED ON THIS NOTICE IS THE CERTIFIED ASSESSED VALUE FOR THE 1993 LEVY FOR 7994 TAXES. CGDE ASSESSED VALUE 112.001 516,687 117.000 777,997,037 117.002 8'071,130 NO BONDS BEFORE 83 .-- 117.023 50,671,519 117.026 1. AGENCY TOTAL / 0/ R.C.U. 84 . 36 . 381 as amended by Chapter 11 Laws 1983. 1 st �\ \ Extraordinary Session of State Legislature provides an additional � exemption for Senior Citizens of regular property taxes. D Your total asses r general fund purposes, should be reduced by $ The breakdown is as follows: Senior Citizen inccl--bf $15,000 or less is exempt from levies plus 50% of assessed value, but not less than $34,000 equalling $ 4,035,790; and Senior Citizen income of $15'001 to $18,000 Is exempt from levies plus 30% of assessed value' but not less than $30'000 or more than $S0^000, equalling $ 996,140. Your total assessed value for bonds es' excess levies) should be reduced by a total of it The breakdown is as follows: See breakdown above, Citizen income of $18'081 to $26,080 equalling $ 9'863,210. The timber value is no longer included as part of the taxing district assessed value other than for computing bonds, excess levies, and maintenance and operation levies. Chapter 204 Laws of 1984 require that full TAV (timber assessed value) be added only in districts that have bond levies or excess levies. This value is not the value on the attached letter. Your full TAV is $ ,4 o compute bond levies and excess levies all the TAV will be -added into the districts assessed value. To compute maintenance and operation levies either one half of the TAV 0 or 80% of the timber roll 0 whichever is greater will be added into the districts assessed value. _11 J, BEN GASSAWAY CLARK COUNTY ASSESSOR CITY OF CAMAS - ESTIMATED 106% CALCULATION FOR GENERAL FUND V') WITH AND WITHOUT JAMES RIVER'S DISPUTED VALUE OCTOBER 28, 1994 �q A. 3,142,477.23 I X 106% = 3,331,025.86 'B." 61,154,675.00 X 3.60000 / 1000 = 220,156.83 C. UTIL VALUE D. 3,331,025.86 C+�220,156.83)= 3,551,182.69 3 G,zov/ ESTIMATED 1995 TAXABLE VALUE FOR GENERAL FUND 953,758,557.00 (JAMES RIVER'S CURRENT VALUE) 3,551,182.69 / 953,758,557.00 X 1000 = 3.72336 106% RATE 3.72336 STAT LMT 3.60000 953,758,557.00 X 3.60000 / 1000 = ;3,433,530.81 ESTIMATED 1995 TAXABLE VALUE FOR GENERAL FUND 753,758,557.00 (NOT INCLUDING JAMES RIVER'S CONTESTED $200,000,000 VALUE) 3,551,182.69 / 753,758,557.00 X 1000 4.55521 106% RATE 4.55521 STAT LMT 3.60000 753,758,557.00 X 3.60000 / 1000 = 2,713;530 81 DIFFERENCE >720000 63tA--ts �l< ✓v (LI 1 I � t' ' CITY OF CAMAS 616 Northeast Fourth Avenue P.O. Box 1055 Camas, Washington 98607 November 21, 1994 I, Joan M. Smith, Finance Director and Clerk -Treasurer of the City of Camas certify that the outstanding current general indebtedness of the City of Camas on November 21, 1994 is as follows: Bonds Outstanding Unlimited General Obligation $1,190,000.00 Bonds Outstanding Limited General Obligation $ 340,000.00 CERB Loan - Pacific Rim Blvd. CERB Loan - Fisher Basin Sewer Administration Building Finance Fire $ 523,834.95 $ 598,499.92 Joan M. Smith Finance Director Parks & Library Police Public Works Recreation CITY OF CAMAS 616 Northeast Fourth Avenue P.O. Box 1055 Camas, Washington 98607 November 21, 1994 I, Joan M. Smith, Finance Director and Clerk -Treasurer of the City of Camas certify that the following are the Cash and Investment balances in tt1he City of Camas General Obligation Bond Redemption Funds as of November 21, 1994: Unlimited General Obligation Bond Redemption Fund ($ 762.06) Limited General Obligation Bond Redemption Fund $41,031.46 Taxes Receivable are: Unlimited General Obligation Bond Redemption Fund $20,402.11 Limited General Obligation Bond Redemption Fund $19,830.44 i Joan M.' Smith Finance Director Parks & Administration Building Finance Fire Library Police Public Works Recreation r9nnn a4A_aaFA (9na) agA_aAan rona\ PQA_gAaq igna� r,�na% aza_AFao (nna) a'zA_Alll dna R'Zn_g4r1 (?na) agA_7na9 BOND COUNSEL'S CALCULATION OF DEBT LIMIT Value of taxable property within the City of Camas, Washington, as set in 1994 for purposes of 1995 regular and excess levies, per statement of Clark County Assessor: $753,758,557.00 Nonvoted Limited Indebtedness: Nonvoted debt ceiling per RCW 39.36.020: 1-'/2% of value of taxable property $11,306,378.00 Less: Nonvoted debt outstanding per City schedule of debt (including leases) $1,462,334.87 1994 CERB Loan: 600,000.00 Total Nonvoted Debt $2,062,334.87 Remaining nonvoted debt capacity per RCW 39.36.020: $9,244,043.13 Total Debt Ceiling for General Municipal Purposes, Voted and Nonvoted: 2.5% of value of taxable property $18,843,964.00 Less: Voted debt outstanding per schedule of City debt $1,190,000.00 Total debt $3,252,334.87 Remaining debt capacity unused: $15,591,629.13 Based upon the statement of assessed valuation of the Clark County Assessor, the statement of the City's Finance Director as to debt outstanding as of November 21, 1994, the loan received from the Community Economic Revitalization Board by the City of Camas, Washington, will be within the constitutional and statutory limits for voted and total indebtedness. DATED this 28th day of November, 1994. PRESTON GATES & ELLIS By G - Zl-�cZ Forrest W. Walls J:\FW W\16966 -00.004\0302U8. DOC CITY OF CAMAS, WASHINGTON COMMUNITY ECONOMIC REVITALIZATION BOARD LOAN $600,000 ORDINANCE NO. j- ,?0 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMAS, WASHINGTON; PROVIDING FOR THE ACCEPTANCE OF A LOAN FROM THE COMMUNITY ECONOMIC REVITALIZATION BOARD IN THE PRINCIPAL SUM OF $600,000 FOR THE PURPOSE OF PROVIDING FUNDS TO FINANCE CERTAIN PUBLIC IMPROVEMENTS; PROVIDING THE TERMS AND CONDITIONS OF SUCH LOAN AND THE FORM OF THE FINAL CONTRACT; PROVIDING FOR THE DISPO- SITION OF THE PROCEEDS OF SUCH LOAN; AND PROVIDING CERTAIN COVENANTS FOR PAYMENT OF PRINCIPAL OF AND INTEREST ON SUCH LOAN. PASSED: NOVEMBER 1994 ORDINANCE NO. o / AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMAS, WASHINGTON; PROVIDING FOR THE ACCEPTANCE OF A LOAN FROM THE COMMUNITY ECONOMIC REVITALIZATION BOARD IN THE PRINCIPAL SUM OF $600,000 FOR THE PURPOSE OF PROVIDING FUNDS TO FINANCE CERTAIN PUBLIC IMPROVEMENTS; PROVIDING THE TERMS AND CONDITIONS OF SUCH LOAN AND THE FORM OF THE FINAL CONTRACT; PROVIDING FOR THE DISPO- SITION . OF THE PROCEEDS OF SUCH LOAN; AND PROVIDING CERTAIN COVENANTS FOR PAYMENT OF PRINCIPAL OF AND INTEREST ON SUCH LOAN. WHEREAS, the City Council (the "Council") of the City of Camas, Washington (the "City"), deems it necessary and in the best interest of the City and its citizens that certain improvements be made to the combined water and sewerage system of the City (the "System"), - and WHEREAS, in order to provide the funds required for the carrying out of such plan of improvements, the City now desires to authorize the acceptance of a loan from the Community Economic Revitalization Bond ("CERB") in the principal amount of $600,000 (the "Loan"); and WHEREAS, the Council has received and considered an offer from CERB to make such Loan and has determined that it is in the best interest of the City to so accept such Loan; NOW, THEREFORE, THE CITY OF CAMAS, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION 1. Definitions. As used in this ordinance, the following words shall have the following meanings, unless a different meaning clearly appears from the context: (a) "CERB" means the Community Economic Revitalization Board or its legal successor, if any. (b) "City" means the City of Camas, Washington, a municipal corporation duly organized and existing under and by virtue of the Constitution and laws of the State of Washington. (c) "Construction Fund" means the "Water Construction Fund" created by Section 8 of this ordinance. If the first disbursement to the City by CERB under the Loan is made between January 1 and June 30, payments of principal of and interest on the Loan shall begin on the fourth July 1 following the first anniversary of the first disbursement of funds. If such first disbursement is made between July 1 and December 31, payments of principal of and interest on the Loan shall commence on the fourth anniversary of the January 1 following the first anniversary of the first disbursement of funds. The Loan shall accrue interest commencing on the fourth anniversary of the January 1 or July 1 following the first disbursement to the City by CERB under the Loan. Interest shall accrue at the rate of 5.85% per annum. Principal and interest shall be paid in equal annual payments in an amount sufficient to amortize the principal of and interest on the Loan in the sixteen annual payments. SECTION 4. Prepayment. Notwithstanding any other provision of this ordinance, the City hereby reserves the right to accelerate and prepay any or all of the principal amount of the Loan, at any time and from time to time, at par plus accrued interest to the date of such prepayment, and to eliminate the interest on any accelerated payments of principal. If all, or any portion of the principal amount of the Loan is not disbursed by CERB to the City, the amount not disbursed shall be deemed to be a prepayment of the principal amount of the Loan. SECTION 5. Creation of Loan Fund and Loan Payment Covenants. A special fund of the City known as the "CERB Water Sewer Loan Fund" (the "Water Loan Fund"), is hereby authorized and directed to be created. The Water Loan Fund shall be drawn upon for the sole purpose of paying the principal of and interest on the Loan. The Council may, at its discretion, authorize transfers into the Water Loan Fund, of moneys on deposit in the Revenue Fund which may legally be used to pay the principal or interest next coming due on the Loan. The City, however, is not obligated to make any such payments from the Revenue Fund into the Water Loan Fund. The City hereby irrevocably covenants and agrees for as long as any portion of the principal amount of the Loan is outstanding and unpaid, that each year it will include in its budget and levy an ad valorem tax, within and as a part of the tax millage levy permitted to cities without a vote of the people, upon all the property within the City subject to taxation in an amount which will be sufficient, together with all other revenues and money of the City which may legally be used and which the City may apply for such purposes, to pay the principal of and interest on the -3- FW W 079. DOC 94111/03 and used to pay the costs of making the improvements described in Exhibit A hereof and all costs incidental thereto, except as otherwise provided in Article 7 of the General Conditions to the Final Contract. Loan proceeds remaining in the Construction Fund after all of such costs have been paid or reimbursed shall (a) with the approval of CERB, be used to pay costs of other legally authorized expenditures of the City or (b) be deposited in the Water Loan Fund. Money in the Construction Fund may be invested as permitted by law. All interest earned and profits derived from such investments shall be retained in and become a part of the Construction Fund, except as otherwise provided in Article 8 of the Conditions. SECTION 9. Severability. If any one or more of the covenants or agreements provided in this ordinance to be performed on the part of the City shall be declared by any court of competent jurisdiction to be contrary to law, then such covenant or covenants, agreement or agreements, shall be null and void and shall be deemed separable from the remaining covenants and agreements of this ordinance and shall in no way affect the validity of the other provisions of this ordinance or of the Final Contract. SECTION 10. Effective Date. This ordinance shall take effect and be in full force five days after its passage, approval and publication as required by law. PASSED by the City Council of the City of Camas, Washington, and approved by its Mayor at a regular meeting of the Council, this IV day of November, 1994. ATTEST: City Perk CITY OF CAMAS, WAS GTON Mayor -5- FW W 079. DOC 94/11/03 CERTIFICATE I, the undersigned, Clerk of the City of Camas, Washington (herein called the "City") and keeper of the records of the City Council (herein called the "Council"), DO HEREBY CERTIFY: That the attached ordinance is a true and correct copy of Ordinance Not-;;�00J of the City (herein called the "Ordinance"), as finally passed at a regular meeting of the Council of the City held on the day of November, 1994, 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 Council was present throughout the meeting and a legally sufficient number of members of the Council voted in the proper manner for the passage of said Ordinance; that all other requirements and proceedings incident to the proper adoption or passage of said Ordinance have been duly fulfilled, carried out and otherwise observed, and that I am authorized to execute this certificate. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City this /-S� of t`Q r 1994. vClerk, City of Camas [City Seal] PRESTON GATES & ELL I S A T T O R N E) S February 9, 1995 CERTIFIED MAIL, RETURN RECEIPT REQUESTED Internal Revenue Service Center Philadelphia, Pennsylvania 19255 Re: City of Camas, Washington CERB Loan - $600,000 Dear Sir or Madam: Enclosed please find Form 8038-G relative to the above-mentioned financing. Would you please acknowledge receipt of the same by signing the enclosed duplicate copy of this letter where indicated, and returning it to us in the enclosed, self-addressed, stamped envelope. Thank you. Very truly yours, PRESTON GATES & ELLIS Forrest W. Walls I hereby acknowledge receipt of the Form 8038-G as submitted by the City of Camas, Wash?na on, _relative to the loan from the Community Revitalization Board in the amount of $600,000 on November 28, 1995. Dated: FWW:mlb Enclosures cc: Ms. Joan M. Smith J:\FWW\16966-00.004\03L2UE.DOC 0 A PARTNERSHIP INCLUDING A PROFESSIONAL CORPORATION ANCHORAGE • COECR D'ALENE • LOS ANGELES • PORTLAND • SPOKANE - TACOMA • WASHINGTO\. D.C. 5000 COLUMBIA CENTER 701 FIFTH AVENUE SEATTLE, WASHINGTON 98 104-7078 PHONE: (206) 623-7580 FACSIMILE: (206) 6_13-7022 Form 8038-G Information Return for Tax -Exempt Governmental Obligations ► Under Internal Revenue Code section 149(e) (Rev. May 1993) () OMB No. 1545-0720 ► See separate Instructions. Department of the Treasury Internal Revenue Service (Use Form 8038 -GC if the issue price is under $100,000.) Reportinq Authoritv If Amended Return. check hPra ► n 1 Issuer's name (it lbr Maturity date Interest rate 2 Issuer's employer identification number (0) Weighted CITY OF CAMAS Net interest 91 6001233 3 Number and street (or P.O. box if mail is not delivered to street address) Room/suite 4 Report number 616 NORTHEAST FOURTH AVENUE %_$600 G1994 -1 5 City, town, state, and ZIP code 6 Date of issue Final maturity. CAMAS, WA 98607 $600 000 $600,000 11/28/94 7 Name of Issue 20 Entire issue 8 CUSIP Number Uses of LOAN FROM COMMUNITY ECONOMIC REVITALIZATION BOARD n/a ItTi711 Tvne of Issue (check applicable box(es) and enter the issue Dnce) Issue price 9 ❑ Education (attach schedule -see instructions) . . .. . . . . . . . . . . . . . $ 10 ElHealth and hospital (attach schedule -see instructions). . . . . . . . . . . . . 11 ❑ Transportation . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 ❑ Public safety. . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 ❑ Environment (including sewage bonds) . . . . . . . . . . . . . . . . . . 14 ❑ Housing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 ®XlJtilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . $600,000.00 16 ❑ Other. Describe (see Instructions) Do - 17 17 If obligations are tax or other revenue anticipation bonds, check box ► ❑ 18 If obligations are in the form of a lease or installment sale, check box ► ❑ Description of Obligation Please Sign ' Here ' I ig ature of officer For PaperworI Aeduction Act Notice, see page 1 of the Instructions. Joan M. Smith 'Finance Director Type or print -name and title Cat. No. 637735 Form 8038-G (Rev. 5-9: *U.S. Government Printing Office: 1993 — 343-0341801 (it lbr Maturity date Interest rate (o) . Stated (d) Issue pace (0) Weighted (n Yield Net interest p� at maturity average maturity cost %_$600 000 $600,000 19 Final maturity. $600 000 $600,000 n aears n/a % n/a % 20 Entire issue FXrM Uses of Original Proceeds of Bond Issue(including underwriters' discount 21 Proceeds used for accrued interest . . . . . . . . . . . . . . . . . . . . . 21 -0- 22 .23 Issue price of entire issue (enter amount from line 20, column (c)) . . . . . . .V$60O,000.00 23 Proceeds used for bond issuance costs (including underwriters' discount) . -0- 24 Proceeds used for credit enhancement . . . . . . . . . 24 -0- 25 Proceeds allocated to reasonably required reserve or replacement fund 25 -0- 26 Proceeds used to refund prior issues . . . . . . . 26 -0- 27 Total (add lines 23 through 26) . . . . . . . . . . . . . . . . . . . . . . 28 Nonrefundin proceeds of the issue subtract line 27 from line 22 and enter amount here). Description of Refunded Bonds (complete this part only for refunding bonds 29 Enter the remaining weighted average maturity of the bonds to be refunded . . . . . . ► years 30 Enter the last date on which the refunded bonds will be called . . . . . . . . . . . 10- 31 31 Enter the date(s) the refunded bonds were issued ► Miscellaneous 32 Enter the amount of the state volume cap allocated to the issue . . . . . . . . . . ► -0- 33 Enter the amount of the bonds designated by the issuer under section 265(bx3Xl3)()i (III) (small issuer n/a exception) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0- 34 Pooled financings: n/a a Enter the amount of the proceeds of this issue that are to be used to make loans to other governmental units 10- b If this issue is a loan made from the proceeds of another tax-exempt issue, check box ► ❑ and enter the name of the issuer ► and the date of the issue ► 35 If the issuer has elected to pay a penalty in lieu of rebate, check box . ► ❑ Under penalties of perjury, I declare that I have examined this return and accompanying schedules and statements, and to the best of my knowledge and belief, they are true, correct, and complete. Please Sign ' Here ' I ig ature of officer For PaperworI Aeduction Act Notice, see page 1 of the Instructions. Joan M. Smith 'Finance Director Type or print -name and title Cat. No. 637735 Form 8038-G (Rev. 5-9: *U.S. Government Printing Office: 1993 — 343-0341801 Z 4 q AFFIDAVIT OF MAILING STATE OF WASHINGTON) COUNTY OF KING ) 4 being duly sworn, deposes and says that(s/he)is a citizen of the United States and over of eighteen years; tha ss/he�,is a reside'tr of County, Washington. c` 67 That on 1995, before 5:00 p.m.,'s/he caused an Internal Revenue Service Form 8038-G which the City of Camas, Washington, completed, a copy of which Form 8038-G is attached hereto to be mailed by depositing the same in the United States mail, in a sealed envelope, certified delivery, first class postage prepaid, properly addressed to the Internal Revenue Service Center, Philadelphia, Pennsylvania 19255. SUBSCRIBED and SWORN to before me this day of 1995. Z 704 772 989 Receipt for Certified Mail No Insurance Coverage Provided aosru semaa Do not use for International Mail (See Reversal Sent to eu ce�vi�. Street and No. f .0. Staea d IPCode�/� ($ (�✓!i✓� Postage 1 S Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt Showing to Whom & Date Deliv��; 11 V Return Receipt to Whoa;, Date, and A TOTAL Po & Fees - t Postmarko�D�te. + NOTARY PUBLIC in and for the State of Washington, residing ateattl . My Commission Expires:�(1.7, �� OFFICIAL SF_AL. JAMES A. NEWKIRK Notary Public — State of Washington My Commission Expires I0-29-97 r n. SENDER: H • Complete items 1 and/or,2 for additional services. I also wish to receive the (D • Complete items 3, and 4a & b. following services (for an extra V i • Print your name and address on the reverse of this form so that we can fee)' m return this card to you. y • Attach this form to the front of the mailpiece, or on the back if space 1. ❑ Addressee's Address .>. N does not permit. d _ Write "Return Receipt Requested" on the mailpiece below the article number. 2. ❑ Restricted Delivery a • The Return Receipt will show to whom the article was delivered and the date U o delivered. Consult postmaster for fee. v 3. Article Addressed to: 4a. Article Number E -� I�- Gl Re\4MUS 4b. Service T e Type m W p ElRegistered ElInsured U y 5CCertified ❑ COD C y LU �hl � Return Receipt for El Mail ❑ p Merchandise 3 G �7. Date of Delivery Q o 5. Signatur (Addre 8. Addressee's Address (Only if requested Y and fee is paid) W s ~ UJI 6. Signatur (Agent) PSC PHILA., PA L y PS Form 3 . ea— -714 DOMESTIC RETURN RECEIPT CEJ PRESTON GATES & ELLIS A T T O R N E Y S November 28, 1994 City of Camas Camas, Washington Washington State Community Economic Revitalization Board Olympia, Washington Re: CERB Loan to City of Camas, Washington Ladies and Gentlemen: We have examined a certified transcript of all of the proceedings taken in the matter of the acceptance by the City of Camas, Washington (the "City"), of a loan from the Washington State Community Economic Revitalization Board ("CERB"), in the principal amount of $600,000 (the "Loan"), for the purpose of providing funds to acquire, construct, equip and make certain capital improvements to the combined water and sewer system of the City. We have also reviewed the final contract to be executed by CERB and the City, and all attachments incorporated within such agreement, including the general and special conditions of CERB. We have examined the financial records of the City, including those relating to outstanding debt. We are aware of the provisions of Chapter 39.36 RCW and any successor or other statute or rule relating to debt limitations for taxing districts. The Loan bears interest at the rate of 5.85% per annum and is payable as set forth in Ordinance No. 2009 of the City (the "Loan Ordinance") authorizing such Loan. From such examination it is our opinion that the Loan has been legally authorized and, to the extent of the funds actually advanced to the City, constitutes a valid general obligation of the City, except to the extent that the enforcement of the rights and remedies of CERB may be limited by laws relating to bankruptcy, reorganization or other similar laws of general application affecting the rights of creditors. Both principal of and interest on the Loan are payable out of annual levies of ad valorem taxes to be made upon all the taxable property within the City within and as a part of the tax millage levy permitted to cities without a vote of the people, and in amounts which, together with other available funds, will be sufficient to pay such principal and interest as the same shall become due. A PARTNERSHIP INCLUDING A PROFESSIONAL CORPORATION ANCHORAGE • COEUR D' ALEN E • LOS ANGELES • PORTLAND • SPOKANE • TACOMA • W ASH INGTON, D.C. 5000 COLUMBIA CENTER 701 FIFTH AVENUE SEATTLE, WASHINGTON 98104-7078 PHONE: (206) 623-7580 FACSIMILE: (206) 623-7022 November 28, 1994 Page 2 We are further of the opinion that: 1. The City is a public body, properly constituted and operating under the laws of the State of Washington, empowered to receive and expend federal, state and local funds, to contract with the State of Washington, to accept the Loan and expend the funds involved to accomplish the objectives set forth in the City's application therefor. 2. The City is empowered to adopt the Loan Ordinance, a copy of which is attached hereto, accepting the Loan and providing for the repayment of the Loan as set forth therein. The Loan Ordinance was properly adopted in accordance with the laws of the State of Washington. 3. The debt constituting the Loan does not exceed constitutional or statutory debt limitations applicable to the City. 4. Interest on the Loan is excluded from gross income for purposes of federal income taxation pursuant to Section 103 of the Internal Revenue Code of 1986, as amended (the "Code"). We express no opinion regarding any other federal tax consequences arising with respect to ownership of the Loan. Very truly yours, PRESTON GATES & ELLIS By �Jx Forrest W. Walls FWW:mIb J:TW W\16966-00.00410302LW.DOC CITY OF CAMAS CERB APPLICATION #C94-099 WATERLINE EXTENSION CITY OF CAMAS 616 Northeast Fourth Avenue P.O. Box 1055 Camas, Washington 98607 MEMORANDUM TO: Roger - Joan - Doug FROM: Lloyd L SUBJECT: CERB Documents DATE: November 29, 1994 Attached is a copy of a letter to CERB, which lists a variety of documents sent to CERB. A full copy of the "packet" is in the project file in Public Works. Congratulations to all concerned in producing all the parts of this list in a timely manner. Hopefully CERB will find that the information satisfies their needs. Thanks to you all for your parts in this team effort. c: Mayor Dossett Parks & Administration Building Finance Fire Library Police Public Works Recreation -'"' Qopn (206) 834-2462 (206) 834-2262 (206) 834-4692 (206) 834-4151 (206) 834-3451 (206) 834-7092 CITY OF CAMAS CERB APPLICATION #C94-099 WATERLINE EXTENSION CITY OF CAMAS 616 Northeast Fourth Avenue P.O. Box 1055 Camas, Washington 98607 MEMORANDUM TO: Roger - Joan - Doug FROM: Lloyd0- SUBJECT: CERB Documents DATE: November 29, 1994 Attached is a copy of a letter to CERB, which lists a variety of documents sent to CERB. A full copy of the "packet" is in the project file in Public Works. Congratulations to all concerned in producing all the parts of this list in a timely manner. Hopefully CERB will find that the information satisfies their needs. Thanks to you all for your parts in this team effort. c: Mayor Dossett Parks & Administration Building Finance Fire Library Police Public Works Recreation (206) 834-6864 (206) 834-8860 (206) 834-2462 (206) 834-2262 (206) 834-4692 (206) 834-4151 (206) 834-3451 (206) 834-7092 CITY OF CAMAS 616 Northeast Fourth Avenue P.O. Box 1055 Camas, Washington 98607 November 29, 1994 Ms. Kathleen Engle Assistant Manager Community Econmic Revitalization Board 2001 6th Avenue - Suite 2700 Seattle WA 98121 Dear Ms. Engle: This is to follow up with a variety of items related to the CERB loan for construction of a waterline in Camas' industrial area. Enclosed are the following: --A copy of Camas' Ordinance #2009, an ordinance providing for acceptance of a loan from the Community Economic Revitalization Board, and a related certificate signed by the City Clerk. --A certification related to the State Environmental Protection Act, signed by the City Public Works Director. --A letter regarding the Uniform Notification Form from Mr. Quinn, City of Camas Public Works Director. --A statement regarding permits and clearances, signed by Mr. Quinn. A copy of the SEPA Environment Checklist on the Grass Valley Waterline Extension is also enclosed. --An attorney's letter from Roger Knapp, City Attorney, is enclosed. Another legal opinion from Forrest W. Walls is being sent directly to you. Related to the Special Conditions, listed in item B 1-4 of the loan offer, and found on page 9 of the offer, the following are provided: --A copy of the deed showing the transfer of the site to Linear Technology Corporation is attached. This indicated that the land has been obtained. Parks & Administration Building Finance Fire Library Police Public Works Recreation (206) 834-6864 (206) 834-8860 (206) 834-2462 (206) 834-2262 (206) 834-4692 (206) 834-4151 (206) 834-3451 (206) 834-7092 Ms. Kathleen Engle November 29, 1994 Page 2 --A copy of a letter with Clark County Assessor Ben Gassaway's signature. The letter indicated the trending table applicable to the Linear Technology project, and demonstrates that this matter has been resolved. --A copy of the minutes of the Camas City Council meeting of September 12, 1994. The minutes indicate a motion that "the application by Linear Technology be approved accepting the conditions of the Planning Commission including recommendation from staff and Planning Commission". The motion passed unanimously. This approved the project's site plan and related planning permits. If you wish, a copy of the extensive staff report and planning commission document can be provided to you. Additionally, I understand that Paul Coghlan, Linear Technology, is sending you a letter. The letter addresses and re -iterates information. It provides Linear's perspective on matters such as the site's ownership, the resolution of sales tax and tax trending table questions, and Linear's intent to finance the facility from internal sources. I trust that this information will meet the need. If you wish any further detail, or have any questions, please call. Sincerely, LloydHa verson City Administrator LH/ma Enclosure Engler.3 CITY OF CAMAS 616 Northeast Fourth Avenue P.O. Box 1055 Camas, Washington 98607 November 29, 1994 Ms. Kathleen Engle Assistant Manager Community Econmic Revitalization Board 2001 6th Avenue - Suite 2700 Seattle WA 98121 Dear Ms. Engle: This is to follow up with a variety of items related to the CERB loan for construction of a waterline in Camas' industrial area. Enclosed are the following: --A copy of Camas' Ordinance #2009, an ordinance providing for acceptance of a loan from the Community Economic Revitalization Board, and a related certificate signed by the City Clerk. --A certification related to the State Environmental Protection Act, signed by the City Public Works Director. --A letter regarding the Uniform Notification Form from Mr. Quinn, City of Camas Public Works Director. --A statement regarding permits and clearances, signed by Mr. Quinn. A copy of the SEPA Environment Checklist on the Grass Valley Waterline Extension is also enclosed. --An attorney's letter from Roger Knapp, City Attorney, is enclosed. Another legal opinion from Forrest W. Walls is being sent directly to you. Related to the Special Conditions, listed in item B 1-4 of the loan offer, and found on page 9 of the offer, the following are provided: --A copy of the deed showing the transfer of the site to Linear Technology Corporation is attached. This indicated that the land has been obtained. Parks & Administration Building Finance Fire Library Police Public Works Recreation (206) 834-6864 (206) 834-8860 (206) 834-2462 (206) 834-2262 (206) 834-4692 (206) 834-4151 (206) 834-3451 (206) 834-7092 Ms. Kathleen Engle November 29, 1994 Page 2 --A copy of a letter with Clark County Assessor Ben Gassaway's signature. The letter indicated the trending table applicable to the Linear Technology project, and demonstrates that this matter has been resolved. --A copy of the minutes of the Camas City Council meeting of September 12, 1994. The minutes indicate a motion that "the application by Linear Technology be approved accepting the conditions of the Planning Commission including recommendation from staff and Planning Commission". The motion passed unanimously. This approved the project's site plan and related planning permits. If you wish, a copy of the extensive staff report and planning commission document can be provided to you. Additionally, I understand that Paul Coghlan, Linear Technology, is sending you a letter. The letter addresses and re -iterates information. It provides Linear's perspective on matters such as the site's ownership, the resolution of sales tax and tax trending table questions, and Linear's intent to finance the facility from internal sources. I trust that this information will meet the need. If you wish any further detail, or have any questions, please call. Sincerely, Lloyd Ha verson City Administrator LH/ma Enclosure Engler3 CITY OF CAMAS, WASHINGTON COMMUNITY ECONOMIC REVITALIZATION BOARD LOAN $600,000 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMAS, WASHINGTON; PROVIDING FOR THE ACCEPTANCE OF A LOAN FROM THE COMMUNITY ECONOMIC REVITALIZATION BOARD IN THE PRINCIPAL SUM OF $600,000 FOR THE PURPOSE OF PROVIDING FUNDS TO FINANCE CERTAIN PUBLIC IMPROVEMENTS; PROVIDING THE TERMS AND CONDITIONS OF SUCH LOAN AND THE FORM OF THE FINAL CONTRACT; PROVIDING FOR THE DISPO- SITION OF THE PROCEEDS OF SUCH LOAN; AND PROVIDING CERTAIN COVENANTS FOR PAYMENT OF PRINCIPAL OF AND INTEREST ON SUCH LOAN. PASSED: NOVEMBER 1994 ORDINANCE NO. O 7 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMAS, WASHINGTON; PROVIDING FOR THE ACCEPTANCE OF A LOAN FROM THE COMMUNITY ECONOMIC REVITALIZATION BOARD IN THE PRINCIPAL SUM OF $600,000 FOR THE PURPOSE OF PROVIDING FUNDS TO FINANCE CERTAIN PUBLIC IMPROVEMENTS; PROVIDING THE TERMS AND CONDITIONS OF SUCH LOAN AND THE FORM OF THE FINAL CONTRACT; PROVIDING FOR THE DISPO- SITION . OF THE PROCEEDS OF SUCH LOAN; AND PROVIDING CERTAIN COVENANTS FOR PAYMENT OF PRINCIPAL OF AND INTEREST ON SUCH LOAN. WHEREAS, the City Council (the "Council") of the City of Camas, Washington (the "City"), deems it necessary and in the best interest of the City and its citizens that certain improvements be made to the combined water and sewerage system of the City (the "System"), - and WHEREAS, in order to provide the funds required for the carrying out of such plan of improvements, the City now desires to authorize the acceptance of a loan from the Community Economic Revitalization Bond ("CERB") in the principal amount of $600,000 (the "Loan"); and WHEREAS, the Council has received and considered an offer from CERB to make such Loan and has determined that it is in the best interest of the City to so accept such Loan; NOW, THEREFORE, THE CITY OF CAMAS, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION 1. Definitions. As used in this ordinance, the following words shall have the following meanings, unless a different meaning clearly appears from the context: (a) "CERB" means the Community Economic Revitalization Board or its legal successor, if any. (b) "City" means the City of Camas, Washington, a municipal corporation duly organized and existing under and by virtue of the Constitution and laws of the State of Washington. (c) "Construction Fund" means the "Water Construction Fund" created by Section 8 of this ordinance. If the first disbursement to the City by CERB under the Loan is made between January 1 and June 30, payments of principal of and interest on the Loan shall begin on the fourth July 1 following the first anniversary of the first disbursement of funds. If such first disbursement is made between July 1 and December 31, payments of principal of and interest on the Loan shall commence on the fourth anniversary of the January 1 following the first anniversary of the first disbursement of funds. The Loan shall accrue interest commencing on the fourth anniversary of the January 1 or July 1 following the first disbursement to the City by CERB under the Loan. Interest shall accrue at the rate of 5.85% per annum. Principal and interest shall be paid in equal annual payments in an amount sufficient to amortize the principal of and interest on the Loan in the sixteen annual payments. SECTION 4. Prepayment. Notwithstanding any other provision of this ordinance, the City hereby reserves the right to accelerate and prepay any or all of the principal amount of the Loan, at any time and from time to time, at par plus accrued interest to the date of such prepayment, and to eliminate the interest on any accelerated payments of principal. If all, or any portion of the principal amount of the Loan is not disbursed by CERB to the City, the amount not disbursed shall be deemed to be a prepayment of the principal amount of the Loan. SECTION 5. Creation of Loan Fund and Loan Payment Covenants. A special fund of the City known as the "CERB Water Sewer Loan Fund" (the "Water Loan Fund"), is hereby authorized and directed to be created. The Water Loan Fund shall be drawn upon for the sole purpose of paying the principal of and interest on the Loan. The Council may, at its discretion, authorize transfers into the Water Loan Fund, of moneys on deposit in the Revenue Fund which may legally be used to pay the principal or interest next coming due on the Loan. The City, however, is not obligated to make any such payments from the Revenue Fund into the Water Loan Fund. The City hereby irrevocably covenants and agrees for as long as any portion of the principal amount of the Loan is outstanding and unpaid, that each year it will include in its budget and levy an ad valorem tax, within and as a part of the tax millage levy permitted to cities without a vote of the people, upon all the property within the City subject to taxation in an amount which will be sufficient, together with all other revenues and money of the City which may legally be used and which the City may apply for such purposes, to pay the principal of and interest on the -3- FW W 079. DOC 94/11/03 and used to pay the costs of making the improvements described in Exhibit A hereof and all costs incidental thereto, except as otherwise provided in Article 7 of the General Conditions to the Final Contract. Loan proceeds remaining in the Construction Fund after all of such costs have been paid or reimbursed shall (a) with the approval of CERB, be used to pay costs of other legally authorized expenditures of the City or (b) be deposited in the Water Loan Fund. Money in the Construction Fund may be invested as permitted by law. All interest earned and profits derived from such investments shall be retained in and become a part of the Construction Fund, except as otherwise provided in Article 8 of the Conditions. SECTION 9. Severability. If any one or more of the covenants or agreements provided in this ordinance to be performed on the part of the City shall be declared by any court of competent jurisdiction to be contrary to law, then such covenant or covenants, agreement or agreements, shall be null and void and shall be deemed separable from the remaining covenants and agreements of this ordinance and shall in no way affect the validity of the other provisions of this ordinance or of the Final Contract. SECTION 10. Effective Date. This ordinance shall take effect and be in full force five days after its passage, approval and publication as required by law. PASSED by the City Council of the City of Camas, Washington, and approved by its Mayor at a regular meeting of the Council, this IV day of November, 1994. ATTEST: City Q erk CITY OF CAMAS, WASHINGTON Mayor -5- FW W 079.00C 94/11/03 CERTIFICATE I, the undersigned, Clerk of the City of Camas, Washington (herein called the "City") and keeper of the records of the City Council (herein called the "Council"), DO HEREBY CERTIFY: 1. That the attached ordinance is a true and correct copy of Ordinance No.�� of the City (herein called the "Ordinance"), as finally passed at a regular meeting of the Council of the City held on the day of November, 1994, 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 Council was present throughout the meeting and a legally sufficient number of members of the Council voted in the proper manner for the passage of said Ordinance; that all other requirements and proceedings incident to the proper adoption or passage of said Ordinance have been duly fulfilled, carried out and otherwise observed, and that I am authorized to execute this certificate. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City this /-S� of 1994. Clerk, City of Camas v" [City Seal] CERTIFICATION STATE ENVIRONMENTAL PROTECTION ACT I hereby certify that the City of Camas has complied with the provisions of the State Environmental Protection Act (SEPA, Chapter 43.21C), including particularily wetlands protection for the public facilities project described as follows: Construction of an 18" diameter water distribution line in the Fisher Basin, specifically: Installation of approximately 6,800 feet of 18" diameter water distribution line. The project will begin at the intersection of NW 43rd Avenue and NW Sierra Street and terminate at NW Parker Street and NW 25th Avenue. A Declaration of Non -significance was issued on October 3, 1994. Final comments are due by October 18, 1994. At the date of this certification there has been no challenge to the action taken by the City of Camas pursuant to SEPA or by any other agency in relation to the above described project and no challenge is anticipated. Name d Official Title Date of Certification c:\wp6O\ws-xce\ws-347fi.cer CITY OF CAMAS 616 Northeast Fourth Avenue P.O. Box 1055 Camas, Washington 98607 November 15, 1994 DEPARTMENT OF PUBLIC WORKS Kathleen M. Engle Assistant Manager CERB Program Department of Community Trade & Economic Development 201 6th Avenue, Suite 2700 Seattle WA 98121 SUBJECT: Statement of Permits, Clearances, Etc. Dear Ms. Engle: This is to inform you that all necessary permits and clearances have been or will be complied with prior to expenditure of CERB funds. The only clearance required as a result of the Grass Valley Waterline Extension is the State Environmental Protection Act Environmental Checklist. A copy of this checklist is enclosed. If you have any questions, please contact me at (206) 834-3451. c:\wp60\doug\cerbfund.let Administration Building Finance (206) 834-6864 (206) 834-8860 (206) 834-2462 Sincer ly, e;= Doug s A. QuWn, P.E. Public Works Director Parks & Fire Library Police Public Works Recreation (206) 834-2262 (206) 834-4692 (206) 834-4151 (206) 834-3451 (206) 834-7092 CITY OF CAMAS 616 Northeast Fourth Avenue P.O. Box 1055 Camas, Washington 98607 November 15, 1994 DEPARTMENT OF PUBLIC WORKS Kathleen M. Engle Assistant Manager CERB Program Department of Community Trade & Economic Development 201 6th Avenue, Suite 2700 Seattle WA 98121 SUBJECT: Uniform Notification Form - City of Camas Project No. WS -347, Grass Valley Waterline Extension Dear Ms. Engle: This is to inform you that the clearinghouse in Clark County is no longer operating. Please consider this letter notification, in accordance with the Washington State Community Economic Revitilization Board initial offer of financial aid dated May 19, 1994, Item D, Uniform Notification Form. Project notification has been accomplished through the SEPA process. Sincerely, lo Douglas A. Quinn, P.E. Public Works Director c:\wp60\doug\cerbfund.1et Parks & Administration Building Finance Fire Library Police Public Works Recreation (206)834-6864 (206)834-8860 (206)834-2462 (206)834-2262 (206)834-4692 (206)834-4151 (206)834-3451 (206)834-7092 CITY OF CAMAS 616 Northeast Fourth Avenue P. O. Box 1055 Camas, Washington 98607 Date Published: October 5, 1994 To Whom It May Concern: RE: Project WS -347 - Grass Valley water line extension October 3, 1994, the City of Camas issued an environmental Determination of Nonsignificance (DNS) for the above referenced project pursuant to the State Environmental Policy Act (SEPA) Rules, Chapter 197-11, Washington Administrative Code. We have since found two minor errors that required correction. Please replace pages 3 and 15 with those included with this notice. The comment period on this determination will remain the same ( October 18, 1994) , after which the DNS will be reviewed in the .light of comments received. Please address all correspondence to: City of Camas Department of Public Works PO Box 1055 Camas WA 98607 Distribution: Department of Wildlife Parks & Recreation Commission Department of Ecology (2) US Army Corps of Engineers Department of Natural Resources Department of Fisheries Bureau of Indian Affairs Cowlitz and Chinook Indian Representative Yakima Tribal Council Washington Office of Archaeology & Historic Preservation Department of Transportation Southwest Air Pollution Control Authority Clark County Public Services Heritage Trust of Clark County Clark County Planning & Code Administration C -Tran Clark Public Utilities 1 Administration Building Finance Fire Library Police Public Works (206) 834-6864 (206) 834-8860 (206) 834-2462 (206) 834-2262 (206) 83 4 -4 692 (206) 834-4151 (206) 834-3451 Distribution (continued): Clark County Natural Resources Council Lacamas Shores Homeowners Association Camas School District J. Brockmann, Village at Fisher's Landing Neighborhood Association Jo Woodruff, Heritage Trust Representative Mayor Dean Dossett City Administrator Lloyd Halverson Camas Councilmembers (7) Camas Planning Commission Members (7) Finance Director Dale Scarbrough Police Chief Mike Slyter Fire Chief Dave Artz Camas Public Library EISCVRL'i-REV CG-WP5.1 0 CITY OF CAMAS 616 Northeast Fourth Avenue P.O. Box 1055 Camas, Washington 98607 To Whom It May Concern: Date Published: October 3, 1994 Please find enclosed an environmental Determination of Nonsignificance (DNS) issued pursuant to the State Environmental Policy Act (SEPA) Rules, Chapter 197-11, Washington Administrative Code. You may comment on this determination within fifteen (15) days of its issuance, after which the DNS will be reviewed in the light of comments received. Please address all correspondence to: City of Camas Department of Public Works PO Box 1055 Camas WA 98607 Distribution: Department of Wildlife Parks & Recreation Commission Department of Ecology (2) US Army Corps of Engineers Department of Natural Resources Department of Fisheries Bureau of Indian Affairs Cowlitz and Chinook Indian Representative Yakima Tribal Council Washington Office of Archaeology & Historic Department of Transportation Southwest Air Pollution Control Authority Clark County Public Services Heritage Trust of Clark County Clark County Planning & Code Administration C -Tran Clark Public Utilities Clark County Natural Resources Council Lacamas Shores Homeowners Association Camas School District Preservation J. Brockmann, Village at Fisher's Landing Neighborhood Association 1 Parks & Administration Building Finance Fire Library Police Public Works Recreation (206)834-6864 (206)834-88630 (206)834-2462 (206)834-2262 (206)834-4692 (206)834-4151 (206)834-3451 (206)83,1-7092 Distribution (continued): Jo Woodruff, Heritage Trust Representative Mayor Dean Dossett City Administrator Lloyd Halverson Camas Councilmembers (7) Camas Planning Commission Members (7) Finance Director Dale Scarbrough Police Chief Mike Slyter Fire Chief Dave Artz Camas Public Library EISCOVER.LET CG-WP5.1 E DETERMINATION OF NONSIGNIFICANCE Description of proposal: Project WS -347 - Grass Valley water line extension Proponent: CITY OF CAMAS Location of proposal, including street address, if any: This project will be from the intersection of NW Sierra Street and NW 43rd Avenue to the intersection of NW Parker Street and NW 25th Avenue. It will be in the SW 1/4 of Section 34 and the SE 1/4 and SW 1/4 of Section 33, T2N, R3E;-and in the NE 1/4, NW 1/4, and SW 1/4 of Section 4, T1N, R3E, of the Willamette Meridian. Lead agency: CITY OF CAMAS The lead agency for this proposal has determined that it does not have a probable significant adverse impact on the environment. An environmental impact statement (EIS) is not required under RCW 43.21C.030(2)(c). This decision was made after review of a completed environmental checklist and other information on file with the lead agency. This information is available to the public on request. There is no comment period for this DNS. XX This DNS is issued under 197-11-340(2); the lead agency will not act on this proposal for 15 days from the date below. Comments must be submitted by October 18, 1994 . Responsible official: Douglas A. Quinn, P.E. Position/title: Director of Public Works Phone: (206)834-3451 Address: PO Box 1055, 616 NE 4th Avenue; Camas WA ,98607 Date: October 3, 1994 Signature: (OPTIONAL) You may appeal this determination to (name) at (location): no later than (date): by (method): You should be prepared to make specific factual objections. Contact to read or ask about the procedures for SEPA appeals. There is no agency appeal. EIS.DNS ENVIRONMENTAL CHECKLIST Purpose of Checklist: The State Environmental Policy Act (SEPA), chapter 43.21C RCW, requires all governmental agencies to consider the environmental impacts of a proposal before making decisions. An environmental impact statement (EIS) must be prepared for all proposals with probable significant adverse impacts on the quality of the environ- ment. The purpose of this checklist is to provide information to help you and the agency identify impacts from your proposal (and to reduce or avoid impacts from the proposal, if it can be done) and to help the agency decide whether an EIS is required. Instructions for Applicants: This environmental checklist asks you to describe some basic information about your proposal. Governmental agencies use this checklist to determine whether the environmental impacts of your proposal are significant, requiring preparation of an EIS. Answer the questions briefly, with the most precise information known, or give the best description you can. You must answer each question accurately and carefully, to the best of your knowledge. In most cases, you should be able to answer the questions from your own observations or project plans without the need to hire experts. If you really do not know the answer, or if a question does not apply to your proposal, write "do not know" or "does not apply". Complete answers to the questions now may avoid unnecessary delays later. Some questions ask about governmental regulations, such as zoning, shoreline, and landmark designations. Answer these questions if you can. If you have problems, the governmental agencies can assist you. The checklist questions apply to all parts of your proposal, even if you plan to do them over a period of time or on different parcels of land. Attach any additional information that will help describe your proposal or its environmental effects. The agency to which you submit this checklist may ask you to explain your answers or provide additional information reasonably related to determining if there may be significant adverse impact. Use of checklist for nonproject proposals: Complete this checklist for nonproject proposals, even though questions may be answered "does not apply". IN ADDITION, complete the SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS (PART D). For nonproject actions, the references in the checklist to the words "project", "applicant", and "property or site" should be read 1 as "proposal", "proposer", and "affected geographic area", respectively. A. BACKGROUND 1. Name of proposed project, if applicable: Project WS -347 - Grass Valley water line extension 2. Name of applicant: City of Camas 3. Address and phone number of applicant and contact person: Douglas A. Quinn, P.E. Public Works Director CITY OF CAMAS PO Box 1055 Camas, WA 98607 (206)834-3451 4. Date checklist prepared: September 29, 1994 5. Agency requesting checklist: City of Camas 6. Proposed timing or schedule (including phasing, if applicable): Construction would begin spring of 1995 7. Do you have any plans for future additions, expansion or further activity related to or connected with this proposal? If yes, explain. Sometime in the future a well water source and reservoir capacity may be added. 8. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. The City of Camas is preparing a stormwater/wetlands master plan within this area. 2 9. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain. N/A 10. List any government approvals or permits that will be needed for your proposal, if known. Department of Health approval for water extension and facilities plan. 11. Give a brief, complete description of your proposal, including the proposed uses and the size of the project and site. There are several questions later in this checklist that ask you to describe certain aspects of your proposal. You do not need to repeat those answers on this page. (Lead agencies may modify this form to include additional specific information on project description.) Install approximately 6,800 feet of 18 inch ductile iron water line from the intersection of NW Sierra Street and NW 43rd Avenue to the intersection of NW Parker Street and NW 25th Avenue. All work will be preformed within, or contiguous to, existing developed right-of-way. 12. Location of the proposal. Give sufficient information for a person to understand the precise location of your proposed project, including a street address, if any, and section, township, and range, if known. If a proposal would occur over a range of area, provide the range or boundaries of the site(s). Provide a legal description, site plan, vicinity map and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist. See #11 and vicinity map. 3 (corrected 10/5/94) 9. Do you know whether applications are pending for governmental approval$ of other proposals directly affecting the property covered b� your proposal? If yes, explain. N/A 10. List any goverment approvals or permits that will be needed for your proposal, if known. Department of `Uealth approval for water extension and facilities plan. \ 11. Give a brief, compl4e description of your proposal, including the proposed uses and., the size of the project and site. There are several questions\\later in this checklist that ask you to describe certain aspects of your proposal. You do not need to repeat those answers on' -,this page. (Lead agencies may modify this form to include ��dditional specific information on project description.) I \ Install approximately 6,800 feet of 18 inch ductile iron PP Y transmission water line from the intersection of NW Sierra Street and NW 43rd Avenue to',,the intersection of NW Parker Street and NW 25th Avenue. A11\1work will be preformed within, or contiguous to, existing deve�oped right-of-way. t 12. Location of the proposal. Give sufficient information for a person to understand the precise location of your proposed project, including a street address, if any, and section, township, and range, if known. If a proposal would occur over a range of area, provide the range or boundaries of the site(s). Provide a legal description, site plan, vicinity map and topographic map, if reasonably available. While you should submit any plans required by the `agency, you are not required to duplicate maps or detailed pl ns submitted with any permit applications related to this ch:klist.; See #11 and vicinity map. 3 TO BE COMPLETED BY APPLICANT EVALUATION FOR AGENCY USE ONLY B. ENVIRONMENTAL ELEMENTS 1. Earth a. General description of the site (underline one): Flat, rolling, hilly, steep slopes, mountainous, other b. What is the steepest slope -on the site (approximate percent slope)? NW Parker Street --approximately 5% C. What general types of soils are found on the site (for example, clay, sand, gravel, peat, muck)? If you know the classification of agricultural soils, specify them and note any prime farmland. clay d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. No e. Describe the purpose, type, and approximate quantities of any filling or grading proposed. Indicate source of fill. All trench backfill will be imported from local gravel pits. f. Could erosion occur as a result of clearing, construction, or use? If so, generally describe. Minor erosion potential associated with utility excavation. g. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? N/A rd h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: All work will comply with City of Camas erosion control ordinance. 2. Air a. What types of emissions to the air would result from the proposal (i.e., dust, automobile, odors, industrial wood smoke) during construction and when the project is completed? If any, generally describe and give approximate quantities, if known. Construction equipment and fugitive dust. b. Are there any off-site sources of emissions or odor that may affect your proposal? If so, generally describe. N/A C. Proposed measures to reduce or control emissions or other impacts to air, if any: N/A 3. Water a. Surface: 1) Is there any surface water body on or in the immediate vicinity of the site (including year-round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe type and provide names. If appropriate, state what stream or river it flows into. The project would cross one seasonal stream approximately 500 feet west of NW Parker_ Street on NW 38th Avenue. This drainage is a tributary to Lacamas Creek. 2) Will the project require any work over, in, or adjacent to (within 200 feet) the described waters? If yes, please describe and attach available plans. No. The stream is currently running through an existing culvert. 5 3) Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetland, and indicate the area of the site that would be affected. Indicate the source of fill material. None 4) Will the proposal require surface water withdrawals or diversions? Give general description, purpose and approximate quantities, if known. 5) 6) Mhe Does the proposal lie within a 100 -year floodplain? If so, note location on the site plan. N/A Does the proposal involve materials to surface waters? waste and anticipated volume No b. Ground: any discharges of waste If so, describe the type of of discharge. 1) Will ground water be withdrawn, or will water be discharged to ground water? Give general description, purpose and approximate quantities, if known. No 2) Describe waste material that will be discharged into the ground from septic tanks or other sources, if any (for example: domestic sewage; industrial; containing the following chemicals...; agricultural; etc.). Describe the general size of the system, the number of such systems, the number of houses to be served (if applicable), or the number of animals or humans the system(s) is expected to serve. None 6 C. Water Runoff (including storm water): 1) Describe the source of runoff (including storm water) and method of collection and disposal, if any (include quantities, if known). Where will this water flow? Will this water flow into other waters? If so, describe. N/A 2) Could waste materials enter ground or surface waters? If so, generally describe. N/A d. Proposed measures to reduce or control surface, ground and runoff water impacts, if any: N/A 4. Plants a. Check or underline types of vegetation found on the site: deciduous tree: alder, maple, aspen, other evergreen tree: fir, cedar, pine, other X shrubs X grass X pasture crop or grain wet soil plants: cattail, buttercup, bullrush, skunk cabbage, other other types of vegetation b. What kind and amount of vegetation will be removed or altered? Work will be primarily conducted within existing pavement. Work done adjacent to paved surfaces would affect graveled or pastured areas. C. List threatened or endangered species known to be on or near the site. None 7 d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any: Any areas disturbed during construction will be hydroseeded. 5. Animals a. Underline any birds and animals which have been observed on or near the site or are known to be on or near the site: birds: hawk, heron, eagle, songbirds, other: mammals: deer, bear, elk, beaver, other: fish: bass, salmon, trout, herring, shellfish, other: b. List any threatened or endangered species known to be on or near the site. None C. Is the site part of a migration route? If so, explain. N/A d. Proposed measures to preserve or enhance wildlife, if any: N/A 6. Energy and Natural Resources a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. Electricity will be used as the primary fuel for the pumps for water transmission. b. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe. RM R1 c. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any. N/A 7. Environmental Health a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill or hazardous waste, that could occur as a result of this proposal? If so, describe. - No 1) Describe special emergency services that might be required. Police and medical during construction. 2) Proposed measures to reduce or control environmental health hazards, 3.f any: N/A b. Noise 1) What types of noise exist in the area which may affect your project (for example: traffic, equipment, operation, other)? Construction equipment noise. 2) What types and levels of noise would be created by or associated with the project on a short-term or a long- term basis (for example: traffic, construction, operation, other)? Indicate what hours noise would come from the site. Construction equipment will be limited to the hours of 7:00 a.m. to 7:00 p.m. 9 3) Proposed measures to reduce or control noise impacts, if any: Restriction of operating equipment to the hours stated above. 8. Land and Shoreline Use a. What is the current use of the site and adjacent properties? Single family, agricultural use, and light industrial. b. Has the site been used for agriculture? If so, describe. No C. Describe any structures on the site. Existing 22 foot paved roadway within a 40 foot right of way. d. Will any structures be demolished? If so, what? No e. What is the current zoning classification of the site? N/A f. What is the current comprehensive plan designation of the site? transportation route g. If applicable, what is the current shoreline master program designation of the site? N/A h. Has any part of the site been classified as an "environmentally sensitive" area? If so, specify. No 10 i. Approximately how many people would reside or work in the completed project? N/A j. Approximately how many people would the completed project displace? N/A k. Proposed measures to avoid or reduce displacement impacts, if any: N/A 1. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any: Completion of a water facilities plan. 9. Housing a. Approximately how many units would be provided, if any? Indicate whether high, middle or low-income housing. N/A b. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low-income housing. None C. Proposed measures to reduce or control housing impacts, if any: None 10. Aesthetics a. What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material(s) proposed? underground utility 11 b. What views in the immediate vicinity would be altered or obstructed? None C. Proposed measures to reduce or control aesthetic impacts, if any: N/A 11. Light and Glare a. What type of light or glare will the proposal produce? What time of day would it mainly occur? None b. Could light or glare from the finished project be a safety hazard or interfere with views? N/A c. What existing off-site sources of light or glare may affect your proposal? None d. Proposed measures to reduce or control light and glare impacts, if any: N/A 12. Recreation a. What designated and informal recreational opportunities are in the immediate vicinity? Lacamas Lake and City of Camas open space. b. Would the proposed project displace any existing recreational uses? If so, describe. No 12 c. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any: N/A 13. Historic and Cultural Preservation a. Are there any places or objects listed on, or proposed for, national, state or local preservation registers known to be on or next to the site? If so, generally describe. M b. Generally describe any landmarks or evidence of historic, archaeological, scientific or cultural importance known to be on or next to the site. None C. Proposed measures to reduce or control impacts, if any: N/A 14. Transportation a. Identify public streets and highways serving the site, and describe proposed access to the existing street system. Show on site plans, if any. NW Parker Street, NW 38th Avenue, NW Astor Street, and NW 43rd Avenue. Access to the right of way will be from the existing system. b. Is site currently served by public transit? If not, what is the approximate distance to the nearest transit stop? N/A C. How many parking spaces would the completed project have? How many would the project eliminate? N/A 13 d. Will the proposal require any new roads or streets, or improvements to existing roads or streets, not including driveways? If so, generally describe (indicate whether public or private). =0 e. Will the project use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe. Project will transport potable water from an existing reservoir and help strengthen water deliver capacity to the industrial park. f. How many vehicular trips per day would be generated by the completed project? If known, indicate when peak volummes would occur. N/A g. Proposed measures to reduce or control transportation impacts, if any: N/A 15. Public Services a. Would the project result in an increased need for public services (for example: fire protection, police protection, health care, schools, other)? If so, generally describe. The proposed project will make some land available for development, which will increase demand on public services in general. Proposed measures to reduce or control direct impacts on public services, if any: None 16. Utilities a. Underline utilities currently available at the site: electricity, natural gas, water, refuse service, telephone, sanitary sewer, septic system, other. 14 b. Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity which might be needed. Water line C. SIGNATURE The above answers are true and complete to the best of my knowledge. I understand that the lead agency is relying on them to make its decision z Signature: 4, Date Submitted: Sept!�Mber 29, 1994 (corrected pages 3 and 15 on October 5, 1994) 15 (corrected 10/5/94) b. Describe the utilities that are proposed for the project, the utility. providing the service, and the general construction activities on the site or in the immediate vicinity which might be needed. Water transmission line C. SIGNATURE The above answers are true and complete to the best of my knowledge. I understand that the lead agency is relying on them to make its decision, Signature:_ /L -J'44 Date Submitted: September 29, 1994 �.1 15 iASTiOR ST II ORCHARD CRT FIR VIEV CIR J 4� w y4 Nv 33RD CV 32ND /H�V�F �� I NII 32ND A_Y_E�/ CIR I ` ST AVE NV 31ST N i Y AVE} V 3�� N.V. 30TH A. W R _0T NQRWQQ q ' _ o. CIR. -A u z H NW SIER NW 29THCIR NV PL CIR. CIR. J N.V. 29tH A. J I NW.'27_j > N.V. 2TH R. 27TH 7A.7? u i 4D. NW r oP"E`G� II. Nc R2ST,y N.V. 26TH AVE, o Nv 3�NV > END PROJECT 'rl ^�v, 24TH NW s H A"E S CIR. =.' 24TH Z 3 CIR. N.W. 23RD 4 Z A. N'a S ze7s rjii Fe V -� Y - ., C. '44 ?'S. ! ... ,.. ... 1 �� - - 1f ,. �. II' \' .I72 ' �zAe /SFHE�T l •'�'� l * '•� �- _(w j/, o �•' s052 179�'l .i ..:.,?: v / �, r��ti�\ ;\' : . ✓ i \\ ✓ �,. �` �•...' J,� !� / _ ,: � ,\ � g� < _ -. i � � p r ... • -�" 1 '•. i \ � �/ '.11-sa51 PROJECT! 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('moi\ 1� �•d' ..�' \C.3ID88{{�98ttO11� 5947 - zc j oCisnt \::r .t 1 %M \� '`i%; 1.4 "s;>...= '`;:''• i'!'�\ �__--_�'r- -r' ¢s`-``` �\�..\` aE `i^•`rt;�:i::. 3 - \ Lights �adY .m�ri.... ^�/i;• oLiebts o:::. /\2¢ �•�C ;1u ' w: ` ' J y—` .\ice/WASTEWATER •�. \<o`a K F r' -�., Isle moi' �--`� DISPOSAL AREA .1© / :�r':A / .`.�LaGY �'S� j�. �. , n-..'. {4 �• L .. -„,,�•�_p m --•� o 39 5r.B�1 7 sa Ier',C� �� Santr,( —,-SJnd”, c X46 °i zx c`"w\ ` Gil - / +I ''(^''�'✓� \�'\ / —/_ZO CITY OF CAMAS 430 N.E. Everett Street Camas, Washington 98607 CITY ATTORNEY November 8, 1994 ROGER D. KNAPP Chairman Community Economic Revitalization Board c/o Department of Trade & Economic Development 2001 Sixth Avenue, Suite 2700 Seattle, WA 98121 Dear Sir: I am an attorney at law admitted to practice in the State of Washington, and the duly selected and duly appointed attorney of the applicant, the City of Camas. I have examined the application which is filed with the Community Economic Revitalization Board of the State of Washington, whereby assistance is requested for the following described public facilities project: the construction of 9,400 linear feet of waterline as more particularly described in the application on file herein. I have also reviewed all ordinances relating to the above-described project, including those accepting the financial assistance from the Community Economic Revitalization Board as follows: a loan in the amount of $600,000.00 bearing interest at the rate of 5.85% per annum for sixteen (16) years with a deferral of interest and principal payments for four (4) years. I have also reviewed the final contract to be executed by the Community Economic Revitalization Board and the City of Camas and all attachments incorporated within such agreement, including the general and specific conditions of the Community Economic Revitalization Board. I have examined the financial records of the City of Camas, paying particular attention to the composite outstanding debt. I am aware of the provisions of Chapter 39.36 of the Revised Code of Washington and any successor or other statute or rule relating to debt limitations for taxing districts. I further examined the proposed public facilities project outlined in the application in light of the existing comprehensive land use plans and zoning ordinances of the City of Camas, including the plans for the acquisition of land and the development thereof for the public facilities project. For this purpose, I am including the Shoreline Management Plan as a comprehensive land use plan. Chairman Community Economic November 8, 1994 Page 2 Revitalization Board I have also examined any and all documents and records additional to the above which are germane to the proposed loan. Based on the foregoing, it is my opinion that: 1. The City of Camas has the right, title and interest or will acquire the right, title and interest in all real property required to construct and implement the above- described public facilities project. Specifically, the project is for the construction of a waterline, and the bulk of the project will be located within existing public right-of-way. One section of the waterline will cross privately owned property. The owner of the property has agreed to grant the City an easement, but the exact des- cription of the easement has not been prepared pending a wetlands assessment. 2. There is currently no litigation in existence seeking to enjoin the commencement or completion of the above- described public facilities project or to enjoin the City of Camas from repaying the loan extended by the Community Economic Revitalization Board with respect to such project. The City of Camas is not a party to any litigation which will materially affect its ability to repay such loan on the terms contained in the attached ordinance. 3. To the best of my understanding, the proposed project is consonant with any and all land use plans and zoning ordinances, as those terms are described above. Based upon the factual representations made to me, for purposes of this opinion, by Douglas E. Quinn, Public Works Director, I further certify that the City of Camas is in legal compliance with those requirements of the Community Economic Revitalization Board upon which disbursement of the loan commitment of the agency has been conditioned. This attorney's certificate is being rendered in conjunction with an attorney's certificate submitted by Forrest W. Walls, of Preston, Gates & Ellis, who serves as bond counsel for the City of Camas. Very truly yours, Roger K ap City Attorney RDK:kw JIN 12: 0 4 CHRTER TITLE FAX NO. 2067378669 R 02 p A.. Ise '4g ow V" % ri,iS $PACIE PROVIOtb FOR RE 61FR'S USE I till flk CORD AT ii�nLA',T OF (v' 6"'J"n It/,!. w 1 11 wi il N III I 014OLD FIE I uIIN It Z, v staptary Warranty Dead DONAJID a. MACYAY ANI) MARY E. MACKAY, 1junband and Wife, AND k THE GRANTOR !!:;IAr; V. MACDONALD, TRUSTOE UNDER THE MACDONALD wvIN0 TRUST, DATE13 FIBRUARY 9, 1988 V I— Ww Considmil.on at TEN DOLLARS AND OT14VR VALUABLE CONSIDERATION LINEAR PR4PATION :wld rwd, onvayis and wwranta 10 TFC14�1, CORPORATION, A CALIFIORNIA Ol 't, A, r I*e I w i� 111ko. fljtjI'Itl 411 the Cminty of CE;uk Stela a 401 unplan. THE.EXACT LEGAT, DESCRIPTION IS ATTACHED HERSTO AS Himl Firie We Tax EXH;IIZT 'A' ANq BY REPSRENCE THZRZTO MADS A PART Q, 11 owl tm ivil or Tnis mcumuT. ko 61. im AM, �k noog iamor A4 c0co oil h1wrof 'X, 7 UU1JJhQT TQ: EASEMENT R TXRMS cc�IT' NO THEREOF, RECORDED XV QCX 214, PAO I T1 16, AND LATECOMEhIS AFRE= OUTWEEN THE CT OF CAMAS, A MUNICIPAL CORPORATION, Rr MACDONALD, A PART14 R81AIP AND HERAEUS SHIN -i SU AM9RICA, rNc,, A DZLAWXFE1 CORPORAT RE'FERREP TO AS "DEVICLOPER", INCLUDING THS TERM AND CONDITIONS THEREOF, AS DESCRIBED RR A(:DITOR'S FILE NO. 9210150211, Dated _AURVS,T_. 2 C= -Al USTSE it p .4 5Vr,,1.T-7' 77' j v -mr hil _1Vaw011vt=. till. 10 MON 12,07 CHARTER TITLE FAX N0, 2067378669 . • 4��•; ".; ,f.4.C,. iJ d■ "l• ��i�ir'� .. Q,�; �Y ,,M•�•, eqt?�}; U',�"1�:QY� l ii4�,j'�Y��J�C t:`�';' '' f '��" 1'9 ". �� !:: � I�� YI tlu ` ,1� ry.0 ' EXHIBIT A 4"y Q"CbGAL DE9CNY4+'rYox rax; C','C 6s9a0 .:,i Pr❑l,crty 2VLng with than u.M. Knapp DonArlan Gnnri Claim, alga lying wy,.h tit* y ur c ittinn, b:J,yik Cc,L,nly, wesi,irtgton, bill a yvsLlou of the Waal hil o[ fYtltion rown011P 1 North, Range 3 5ast of the W;llametta Meridian, Clark County, h i a::laiuglwa, dg4oriHud ae £:rllctru s ; Y1.:'NN1Nc1 uC ilia NortheaeL corner of that tract of land conveyed to Furuna U.S.A., Uy dead r+ssorded under Auditor'a Film No. 9304300307, decd iecardw of said c.,nty, itaid pc+int being on the Southerly right of way line of N,W, Pacitic Rim levaa.'d (formerly known asr a.9. 34rh stramt), am conveyed to the City Of L•amlaa by ;:ud of vaed of Dedication recorded under lluditor'n File No, 4311010l dead e'_ords of paid county; thence continuing along said right of way Lina 4cmth 89 .,agrees 06145" Eaet 125.39 feat to a point an the Wear right of way line of N.W. QIP rarker Street, said poitir being 20,00 feat when measured at a right angle from thi z -e:iterlilre of N.W. Parker SLrl said Centarlina also being the East Zine of the t:sYapp D,L,C.; thenoq along said West right of wiy line South 00 dogrrtea 53113" Weal 31.82 Eeet; thence leaving said right of way line South 76 degrees 15,73" Wayt '.49,70 feet to the Southeast corner of &aid Puruno Tracts thane• along the [cant line 1 +f 4aid Furuno Tract North 0o degree 53'15" Cast 695,19 feet to the point of !E ..wlinnitlJ • 11 rY I t ` cifr. Tp.q Rhe , X47 CO , , 4 r t 1 , .'k4 � r„ � : , ^if' ; 1 ,>�r, , s'1,;s�Y; •,;�r�, ,:,�� `�J �;'��• 1011� 1141121 �1' '4iI•,JL1, ;'r$ JJpptl{f��!�I} � * I';f W tri ^Mi4, ir'I• F'I� ii :u i I�"h ,b 1oil''� is lj, 1 Jig 'tlI`,`p��'ypxk'� '�;� �• Iro b•4.�ii ° j4.11 �dolfY,a,�ll ��' Vey, V I+: �I �Jlg� b �yt4,yb fa I 4r4•,1 �' I�i ,Y, '� i:i:.1 A !1 Iw .i: i•i r�.. r-ta�j�' k �' � ' i pl � ' : :.I::,�et 111 v,�� :�i� � I �i :C{�' ty�'�I I '�i �(I� 'j �04 •i„y41: 11' lY� t �;�`� I 'h,i k :: r:14 4�'�„ I ,:�.el' 11 y '� i �!''4+� !:i' YJ��, „� ia. p�; Yi' :InJ :� {{ A ,V' :I� � •L�� i Pit 1, _. 'Y . i�� , ,A� �')b ��•,�rry�'d:.'�'rf ,;,&i ,.� �",ui, ��,j „'� V,.�i�4d.ti Y ��z-'�"-i4�i,iv, , ial"i ,;141 I�u I t v ,1' it t ' P. 03 February 14, 1994 C0LUM8IA ! I V E R C O N O M I C Ben Gassaway DEVELOPMENT .Assessor, Clark County O U N C I L P.O. Box 5000 :eRPORraiiOFFICERS Vancouver WA 98666-5000 / Steve Honnshln, ChtimfAn Horenateln 6 Du99an, PS irk Vafohtln9er, Mot Chpirman Cierves, Aley, Jones & Grty pear Bent: Robert Lavin, Preeldent CREDO Vernon F, Paterson, Trttturetlsecretary Peterson A AsTsrroc��iammtes Thank you for your continued assistance on the Linear Technology IBM Or, htslOr,,IHutehleon6aWolle project. Per our meeting, I want to clarify and reaffirm. our BOARD GP DIMIRCTOR2 conversation of .how the Linear Technology semiconductor Mea?Mata fabrication facility will be assessed for property tax purposes in Clark CalviBroussard C rnbla Cable off WH:hinglon County Washington, , John Campbell Oreeter Vancouy Chsmbtr ,, ommarce Scott Campbell The two key elements are the cost of the property assets and the rate The Columblan Mlllle Chrlatenaen at which these assets depredate over time, also called a trending table. TrlOueal Precision Plasties Mal Conner The cost of the assets would be what the Washington Linear facility IeEwLocai48aid comet Dtl.ong for the assets which would a ee with the amount on which p gr Kaloer+PermHnente Hal tax was paid to the Washington State Department of Revenue. wsU • soDu ar yink sales Therefore, cost would not include sales tax. Dean Dossan City of Cpmea Oruro Farnsworth Cadet 111Framhlollg alit �rpmhold I appreciate you sharing with me the February 1 1994 letter (see / E9°t12 gullFrumentl attached) from Joe Simmons program manager at the Washington / y Frumenti. Lendef Wallace Eric Fuller State Department of Revenue where you are given discretion in Norris, Beggs n establishing a reasonable trendingtable itSrh Whfedonbargdt Iona Iwashlte SEH America Earl 'Joe" Johnson My understanding is that in regards to Linear Technology's ilsom CrTomoKella semiconductor manufacturing operation in Clark County, Accra-F9b, Inc, Deuce Lanmade Washington you can support the following trending table; James River Corporation Jody Wttlelkid Jnmea River Corporatticn AGE RATE Jahn Me; Clerk County Commlasionsr O 00 B D Mithgqln AVX �orparatlon i r70 1 Arch Miller Port of Vancouver Q 48 Jim Paroley Vancouver School District M J^3 3 3 Ken Powoll Port of camas Waahcugal 4 25 Robart 0httler Nir, Schaeffer, 5 20 Hutchison d Wolfe G®ne gg�ohmil Pori of Ridgellaid 6 14 Jeff $ ,bore 1, Washington Medical Center 7 9 Jon Shroyer Sharp Electronlce Patsy vanOrtwerkerk Columbia Credit Union 11 6 ChrlNlhe Wamaley Columbia Bualnean Center 10 E b Wale Hewlett Packard John Whitt The J D White Company Lsa White C•TRAN Chuck Williams 15rim-Williams Associalts M oal R. Wilson "IryhtotVancouver 100 C0LUMaIA WAY VA.NC0 E4. WA 46660-2151 (2001694-5006 FAX (21:6)594.9927 20d 0CI3Zi0* TvsLS : 0 T -T76 EO '0 1 As we discussed, the CREDC will initiate a comprehensive study of state trending tables utilizing a firm of your selection. This study will enable us to make specific recommendations regarding trending tables and their system -wide applicability. If this letter is acceptable, please sign below and send me one original and one faxed copy. Thank you for all of your assistance. Sincerely, Clint Page Vice President CP/ef Ben Gassaway, Assessor Clark County, Washington 90�L Date EOd 0a3Zt2)* pli r L 9 : a T fi6 'F_O 'o i 7:00 P.M. Regular Meeting of the Council September 12, 1994 CALL TO ORDER: Mayor Dossett presided. FLAG SALUTE: COUNCIL MEMBERS: PRESENT: Abrahamsen, Hahn, MacRae, Mabry, Luton, and Guard. ABSENT: Christianson was excused. STAFF PRESENT: Halverson, Knapp, Smith, Quinn, Stockhoff Slyter, Artz, and Hevron. PRESS: Craig Clohessey from the Post Record. CONSENT AGENDA: It was moved by Hahn, seconded by Mabry and carried that the consent agenda be approved: a. Approve minutes of regular meeting of August 22, 1994 and workshop meeting of September 6, 1994. b. Approve payment of claims warrants 10700- 10830 in the amount of $116,549.81 and payroll warrants 4822-5010 in the amount of $420,010.28. c. Authorize the City to call for bids for a street sweeper. This will be a joint purchase with the City of Washougal. d. Request for a temporary street closure on N. E. 4th Avenue between N.E. Birch and N. E. Cedar Streets not to exceed four hours on 9/24/94 to conduct a benefit auction for the Liberty Theatre. e. Request for written approval to conduct two raffles beginning 9/17/94 and continuing until 11/15/94 by the Clark County Citizens in Action. f. Change two parking stalls along the north side of N. E. Fifth Avenue and two along the east side of N. E. Cedar Street from two hour parking limit to 30 minutes. This request is by the Lacamas Community Credit Union. Council Member Abrahamsen asked for a Mission Statement from the Clark County Citizens in