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HomeMy WebLinkAbout081 85dss. LL4f,� j.17 AC.C? ay JEFFERSON COUNTY, WASHINGTON RESOLUTION NO. 81 -85 A RESOLUTION of the Board of County Commission- ers of Jefferson County, Washington, amending Resolu- tion No. 71 -84: employing attorneys to serve as bond counsel in connection with the issuance of County limited tax general obligation bonds and bond anti- cipation notes for County jail Improvements. WHEREAS, the County 1s making improvements to the County jail and will be required to pay construction costs in connec- tion therewith; and WHEREAS, in 1984 the County Issued Its Limited Tax General Obligation Bond Anticipation Notes, 1984 (the 'Outstanding Notes'), to provide funds to Complete construction of the County Jail: and WHEREAS, it is deemed necessary and In the best Interests of the County and its inhabitants that the County, pending the Issuance and sale of Its limited tax general obligation bonds to pay such casts, to issue $252,000 par value of limited tax general obligation bond anticipation notes to redeem the Out- standing Notes; and WHEREAS, it is deemed necessary and advisable that a firm of attorneys who are skilled in such matters be employed as bond counsel to participate with the County Prosecuting Attorney In drafting the resolutions and other documents necessary for the Issuance and sale of such bonds and notes, that firm to furnish its legal opinion on the validity of those bonds and notes at the time of their Issuance and sale; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF JEFFERSON COUNTY.-WASHINGTON. as follows: Section 1. Section 1 of Resolution No. 71 -84 Is amended to read as follows: r JEFFERSON COUNTY, WASHINGTON RESOLUTION NO. 81 -85 A RESOLUTION of the Board of County Commission- ers of Jefferson County, Washington, amending Resolu- tion No. 71 -84; employing attorneys to serve as bond counsel in connection with the issuance of County limited tax general obligation bonds and bond anti- cipation notes for County jail improvements. WHEREAS, the County is making improvements to the County jail and will be required to pay construction costs in connec- tion therewith; and WHEREAS, in 1984 the County issued its Limited Tax General Obligation Bond Anticipation Notes, 1984 (the "Outstanding Notes "), to provide funds to complete construction of the County jail; and WHEREAS, it is deemed necessary and in the best interests of the County and its inhabitants that the County, pending the issuance and sale of its limited tax general obligation bonds to pay such costs, to issue $252,000 par value of limited tax general obligation bond anticipation notes to redeem the Out- standing Notes; and WHEREAS, it is deemed necessary and advisable that a firm of attorneys who are skilled in such matters be employed as bond counsel to participate with the County Prosecuting Attorney in drafting the resolutions and other documents necessary for the issuance and sale of such bonds and notes, that firm to furnish its legal opinion on the validity of those bonds and notes at the time of their issuance and sale; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF JEFFERSON COUNTY, WASHINGTON, as follows: Section 1. Section 1 of Resolution No. 71 -84 is amended to read as follows: Section 1. The law firm of Roberts & Shefelman of Seattle, Washington, is employed by the County as bond counsel to par- ticipate with the County Prosecuting Attorney in drafting the resolutions and other documents required by the County in connection with the issuance and sale of approximately $252,000 limited tax general obligation bonds (the "Bonds "), $230,000 limited tax general obligation bond anticipation notes (the "Outstanding Notes ") and $252,000 additional limited tax general obligation bond anticipation notes to provide funds with which to redeem the Outstanding Notes (the "Rollover Notes "), to pay part of the cost of making improvements to the County jail, that firm to furnish its legal opinion on the validity of the Bonds, the Notes and the Rollover Notes and the tax exemption of the Interest thereon at the time of the delivery thereof to the purchasers thereof. Included in the services to be rendered by that law firm is participation in the drafting of all resolu- tions and other documents necessary through the issuance and sale of the Bonds, the Notes and the Rollover Notes, and fur- nishing of an approving legal opinion upon the validity of the Bonds and notes at the time of the delivery thereof to the purchaser, but there shall not be included the drafting or review for accuracy of any financial or economic data in any official statement, offering circular or other sales material relating to the issuance of the Bonds, the Notes and the Rollover Notes prepared by the County or its financial advisor or otherwise used in connection with such bonds and notes. Section 2. Section 2 of Resolution No. 71 -84 is amended to read as follows: Section 2. The County shall pay Roberts & Shefelman as compensation for its services to be rendered as aforesaid, the sum of $1,500 for the Notes, $1,200 for the Rollover Notes and $2,000 for the Bonds, together with any actual out -of- pocket - 2 - expenses, such as travel, document production and reproduction, and communications, incurred by it in rendering such services. The payment of the fee is contingent on the successful delivery of the Notes and Bonds, respectively. ADOPTED by the Board of County Commissioners of Jefferson County, Washington, at a regular open public meeting held this 2--ri day of October, 1985. ATTEST: CXerk of the Boa d 0174j BOARD OF COUNTY COMMISSIONERS JEFFERSON COUNTY, WASHINGTON L 6 a Commissioner '06�2 Commissioner i • r- - 3 - 1985 We accept employment as bond counsel in accordance with the provisions of the foregoing resolution. ROBERTS & SHEFELMAN By J f The foregoing contract is approved this day of 1985. 0174] Judge of the Superior Court of the State of Washington in and for Jefferson County - 4 - I, JERDONE C. BRAGG, Clerk of the Board of County Commissioners of Jefferson County, Washington, certify that the attached copy of Resolution No. 81 -85 is a true and correct copy of the original resolution adopted on the day of October, 1985, as that resolution appears on the Minute Book of the County. DATED this day of October, 1985. 0174] JAMES GAY ROBERT G. Mocu GEOROE M. MACH BRIAN L. COMSTOCK, P.S. TIMOTHY R. CLIFFORD LEE R. VOORHEES, JR. DAVID B. SWEENEY WILLIAM G. TONKIN GARY N. ACxERMAx. P.s. RooaR A. MYHLEBUST Roona W. DuBRocx* JON W. MACLEOD PAUL L. AHERN, JR. WALTER T. FRATHERLY III' MICHAEL D. KUNTZ EMILY VRIEZE GLuzcK BENNET A. McCoxAuoaY'• JONI H. OSTEROAARD Huou D. SPITzaR THOMAS M. WALSH JULIE E. HoFER' J. TAYLOR WASHBURN BRADLEY J. BERG WILLIAM H. CHAPMAN GAIL T. VOIGTLANDERe ROD P. KAsaouMA MARILYN SHOWALTER •ALASKA ­R —ALASKA AND WASHINGTON BARB ALL OTHERS WASHINGTON BAR ONLY KOBEI3TS & S11EFELMAN A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS 4100 SHAFIRST FIFTH AVENUE PLAZA Boo FIFTH AvENuE SEATTLE, WASHINGTON 98104 -3178 (206) 622 -1818 TELECOPIER - (206) 624.2666 October 28, 1985 Jerdine C. Bragg Clerk of the Board of County Commissioners Jefferson County Jefferson County Courthouse 1820 Jefferson Street Port Townsend, Washington 98368 OF COUNSEL ROBERT F. Bucx PAUL W. KOVAL* RETIRED VICTOR D. LAWRENCE JAMES C. HARPER JAMES P. WETER (1877 -1959) F. M. ROBERTS (1880-1973) HAROLD S. SHEFELMAN (1898-1984) ANCHORAGE OFFICE SUITS 1500 2550 DENALI STREET ANCHORAGE, ALASKA 99503 -2719 (907) 276-1358 TSLECOPIRR - (907) 272 -8332 VIA FEDERAL EXPRESS Re: $252,000 Limited Tax General Obligation Bond Anticipa- tion Notes, 1985 (Jail Completion) Dear Ms. Bragg: Enclosed are the following documents in connection with the issuance of the above notes: 1. Non - Arbitrage Certificate for the Signature of Mr. Pitts. As you know, this certificate sets forth facts establishing the notes are not arbitrage bonds within the meaning of the Internal Revenue Code of 1954, as amended. 2. Signature Identification and No- Litigation Certificate. This certificate has been prepared for Mr. Pitts' and your signature. 3. The Notes. Mike Brancheau of Seattle -First National Bank requested that the notes be in $5,000 denominations with one note in the denomination of $7,000, for a total of 50 notes. You and Mr. Pitts should sign all of the notes where indicated and you should either impress the County Commission's seal on them or send the seal to the closing with Fran Hansen. Also enclosed with Ms. Hansen's copy of this letter, is a Debt Capacity Statement which I would appreciate her completing and signing. Jerdine C. Bragg October 28, 1985 Page 2 All of the enclosed documents, together with a certified copy of Resolution No. 82 -85 and minutes of the meeting of the Board showing its adoption should be given to Ms. Hansen to bring to the closing. Also, if it is available, we need a certified copy of Resolution No. 81 -85. If you have any questions, please call me. Sincerely, ROBERTS & SHEFELMAN H gh D. S itzer P HDS /kc Enclosures cc: Frances F. Hansen John Raymond JAMES GAY ROBERT G. M.. GEORGE M. MACE BRIAN L. COMSTOCK, P.S. TIMOTHY R. CLIFFORD LEE R. VOORHEES, JR. DAVID B. SWEENEY WILLIAM G. TONKIN GARY N. ACKERMAN, P.S. ROGER A. MYKLEBUST ROGER W. DuBRocx" JON W. MACLEOD PAUL L. AHERN, JR. JUDITH A. SHULMAN WALTER T. FEATHERLY IH' MICHAEL D. KuNTZ EMILY VRIEZE GLUECH BENNET A. MCCONAUGHY** JONI H. OsTEROAARD HUGH D. SP BE DOUGLAS C. Ross THOMAS M. WALSH JULIE E. HOFER* J. TAYLOR WASHBURN GREGORY C. SIMON BRADLEY J. BERG WILLIAM H. CHAPMAN GAIL T. VOIOTLANDxR- ROD P. KAsEoUMA ALASKA HAR "A-ZA AND WASHINGTON BARS ALL OTHERS WASHINGTON BAR ONLY ROBERTS & SHEFELMAN A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS 4100 SEAFIRST FIFTH AVENUE PLAZA SOO FIFTH AvExuE SEATTLE, WASHINGTON 98104-3178 (206) 622 -1618 THLECOPIER - (206) 624 -2666 October 25, 1985 Jerdine C. Bragg Clerk of the Board of County Commissioners Jefferson County Jefferson County Courthouse 1820 Jefferson Street Port Townsend, Washington 98368 OF COUNSEL ROBERT F. BUCK PAUL W. KOVAL* RETIRED VICTOR D. LAWRENCE JAMES C. HARPER JAMES P. WATER (1877 -1959) F. M. ROBERTS (1880 -1973) HAROLD S. SHEFELMAN (1898.1984) ANCHORAGE OFFICE SUITE 1500 2550 DENALI STREET ANCHORAGE, ALASKA 99503-2719 (907) 276-13 TELECOPIER - (907) 272-8332 VIA FEDERAL EXPRESS Re: $252,000 Limited Tax General Obligation Bond Anticipa- tion Notes, 1985 (Jail Completion) Dear Ms. Bragg: Enclosed is a resolution of the Board of County Commissioners authorizing the issuance of the above - referenced Notes, together with a resolution authorizing our work as bond counsel in connec- tion with those Notes. The County's jail bond anticipation notes issued last year will come due this Wednesday, October 30, 1985, and it is there- fore imperative that these resolutions be adopted on Monday or Tuesday, preferably Monday. An original and four copies of each resolution is enclosed. I would appreciate it if you would give two certified copies of Resolution No. 82 -85, the Note Resolution, to Fran Hansen for her to bring to the closing here in Seattle on Wednesday, October 30. The other resolution, No. 81 -85, must be counter - signed by a Superior Court Judge; we would appreciate receiving two copies of Resolution No. 81 -85 at your convenience, after it has been exe- cuted by the judge. October 25, 1985 Page Two On Monday I will send you several closing documents that will need to be signed by the Chairman of the Board of County Commis- sioners. I will arrange to have them sent or delivered so that they will arrive on Tuesday, October 29. I would appreciate it if, after they are signed, you would give them to Fran so that she can also bring them to the closing. Thank you very much for your help. Sincerely, RONERW & SHEFELMAN Hugh D. Spitzer HDS:caah Enclosures cc: Fran Hansen John Raymond JAMES GAY ROBERT G. MOCH GEORGE M. MACH BRIAN L. COMSTOCK. P.S. TIMOTHY R. CLIFFORD LEE R. VOORHEES, JR. DAVID B. SWRENEY WILLIAM G. TONKIN GARY N. ACxERMAN. P.s. ROGER A. MYKLEBUST ROGER W. DUBROcx• J. W. MAcLEoD PAUL L. AHERN. JR. WAITKR T. FEATHERLY III* MICHAEL D. KUNTZ EMILY VEIRzE GLUECx BxNNET A. MCCONAUGHY�� JONI H. OSTERGA ARD HUGH D. SPITZER THOMAS M. WAL.SH JULIE E. HOFER* J. TAYLOE WASHBURN BRADLEY J. BERG, WILLIAM H. CHAPMAN GAIL T. VOIOTLANDER* ROD P. KASEGUMA MARILYN SHOWALTER 'ALASEA BAR * *ALASKA AND WASHINGTON BARS ALL OTHERS WASHINGTON BAR ONLY RoI3ERTS & SHEFELMAN A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS 4100 SEAFIRST FIFTH AVENUE PLAZA SOO FIFTH AVENUE SEATTLE, WASHINGTON 96104 -3176 (206) 622 -1616 TEI-EcOPIER - (206) 624-2666 October 31, 1985 Jefferson County, Washington and Seattle -First National Bank 1001 Fourth Avenue Seattle, Washington OF COUNSEL ROBERT F. BUCK PAUL W. KOVAL• RETIRED VICTOR D. LAWRENCE JAMES C. HARPER JAMES P. WETER (1877.1959) F. M. ROBERTS (1860-1973) HAROLD S. SHEFELMAN (1898-1984) ANCHORAGE OFFICE SUITE 1500 2550 DENALI STREET ANCHORAGE. ALASKA 99503.2719 (907) 276 -1356 TELECOPIER - (907) 272-8332 Re: Jefferson County, Washington, '$252,000 Limited Tax General Obligation Bond Anticipation Notes, 1985 (Jail Completion) We have examined a certified transcript of proceedings had by Jefferson County, Washington (the "County "), relating to its issuance of the above - referenced notes (the "Notes "), and also have examined an executed Note. The Notes are dated October 30, 1985, mature October 30, 1986, and bear interest at the rate of 6.25% per annum, payable at maturity. Notes nos. 1 to 49, inclusive, are in the denomin- ation of $5,000 each, and Note no. 50 is in the denomination of $7,000. The Notes have been issued without the right or option of the County to redeem the same prior to their maturity. The Notes are issued pursuant to the laws of the State of Washington and Resolution No. 82 -85 (the "Note Resolution "), for the purpose of providing the funds to pay and redeem the County's outstanding Limited Tax General Obligation Bond Antici- pation Notes, 1984, issued for the purpose of providing the funds to complete construction of the County jail, all as set forth in the Note Resolution. The Notes are payable solely from the Limited Tax General Obligation Jail Completion Bond Anticipation Note Fund, 1985 (the "Note Fund "), created by the Note Resolution, and are general obligations of the County. Jefferson County, Washington and Seattle -First National Bank October 31, 1985 Page 2 The County has pledged irrevocably to redeem the Notes on or before October 30, 1986, from the proceeds of a sufficient amount of the limited tax general obligation bonds authorized by Resolution No. 69 -84, as amended by the Note Resolution, from the proceeds of additional short -term obligations or from other money legally available for such purpose, and has pledged to include in its budget and to levy taxes annually, within the Constitutional and statutory tax limitations provided by law without a vote of the electors of the County, on all property in the County subject to taxation in an amount sufficient, together with such bond and /or short -term obligation proceeds and other money legally available and to be used therefor, -;o pay the principal of and interest on the Notes and such general obliga- tion bonds as the same shall come due. The full Faith, credit, taxing power and resources of the County have been pledged irrevocably for the annual levy and collection of those caxes and the prompt payment of that principal and interest. We have not reviewed and thus express no opinion concerning the completeness or accuracy of any official statement, offering circular or other sales material relating to the issuance of the Notes or otherwise used in connection with the Notes. It is our opinion that, as of the date of the initial delivery of the Notes to the purchaser thereof and full payment therefor, (1) the County is a duly organized and legally exist- ing county under the laws of the State of Washington, (2) the Notes have been issued pursuant to all requirements of law and constitute binding legal obligations of the County, and (3) under existing federal law and rulings, the interest on the Notes is exempt from federal income taxation. Respectfully submitted, ROBERTS & SHEFELMAN By Lee R. Voorhees, Jr. 0307] JAMES GAY ROBERT G. MOCH GEORGE M. MACH BRIAN L COMSTom Fs. TIMOTHY R. CLIFFORD LEE R. VOORHEES. JR. DAVID B. SWEENEY WILLIAM G. TONKIN GARY N. ACKERMAN. Fs. ROGER A. MYxLEBUsT ROGER W. DDBROCK• JON W. MACLEOD PAUL L AHERN. JR. WAITER T. FEATHERLY III` MICHAEL D. KuNTZ EMILY VRIEzE GLUECx BENNET A. MCCONAUGHY** JONI H. OsTxROAARn HUGH D. SPITZER THOMAS M. WALSH JULIE E. ROPER- J. TAYLOR WASHBURN BRADLEY J. BERG WILLIAM H. CHAPMAN GAIL T. VOIGTLANDER* ROD P. IiASEGUMA MARILYN SHOWALTER ALASKA BAR *ALASKA AND WASHINOTON BARS ALL OTHERS WASHINGTON BAR OI.'LY RoBERTS & SHEFELMAN A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS 4100 SEAFIRST FIFTH AVENUE PLAZA Boo FIFTH AVENuE SEATTLE, WASHINGTON 98104.3178 (206) 622 -1516 TELECOPIHR - (206) 6242666 OF COUNSEL ROBERT F BUCK PAUL W. ISOVAL* RETIRED VICTOR D. LAWRRNCE JAMES C. HARPER JAMES P. WETER (1577.1959) F. M. ROBERTS (1550.1973) HAROLD S. SHEFELMAN (1595.1954) ANCHORAGE OFFICE SUITE 1500 2550 DENALI STREET ANCHORAGE. ALASKA 99503.2719 (907) 276-1358 TELECOPIER - (907) 272.6332 Re: Jefferson County, Washington $252,000 Limited Tax General Obligation Bond Anticipation Notes, 1985 (Jail Completion) We, LEE R. VOORHEES, JR., and HUGH D. SPITZER. make this certification on bAhalf of the law firm of Roberts & Shefelman, Seattle, Washington, and certify as follows: 1. We are a member and associate, respectively, of the law firm of Roberts & Shefelman, bond counsel for Jefferson County, Washington (the "County "), and we have read the October 30, 1985, Non - Arbitrage Certification.of John L. Pitts concern- ing the County's $252,000 Limited Tax General Obligation Bond Anticipation Notes, 1985 (Jail Completion), dated, delivered and paid for on October 30, 1985 (the "Notes"). 2. We have conducted an investigation regarding the issuance of the Notes which has included a review of the tran- script of proceedings had by the County relating to the issuance of the Notes and of the certification of Mr. Pitts. Our inves- tigation included inquiries regarding: a. The commencement and completion dates of the Redemption, as that term is defined in Mr. Pitts's October 30, 1985, certification; b. The amount and timing of expenditures of proceeds of the Notes and any investment or reinvest- ment earnings therefrom received during the term of the Notes upon the Redemption or upon administrative expenses of the issue during the temporary period; C. The funds reasonably expected as of the date of Mr. Pitts' certification to be used for the payment of principal of or interest on the Notes and the timing of those expenditures; d. The existence or nonexistence of proceeds of the Notes or funds treated as proceeds of the Notes following the appropriate temporary period for Investment of those proceeds; e. The amount needed for the purpose of the Notes and the amount of the Notes; and f. The structuring of the debt service schedule for the Notes. 3. It is our unqualified opinion, which is given in good faith and which we believe is reasonable, that the Notes are not arbitrage obligations. Dated October 3C, 1985. 0306] ROBERTS & SHEFELMAN By Lee !41 oorhees, Jr. By Hugli D. Spitz r - 2 - NON- ARBITRAGE CERTIFICATION OF JOHN L. PITTS CONCERNING $252,000 LIMITED TAX GENERAL OBLIGATION BOND ANTICIPATION NOTES, 1985 (JAIL COMPLETION) OF JEFFERSON COUNTY, WASHINGTON I. JOHN L. PITTS, make this certification on behalf of Jefferson County, Washington (the "County "), and certify as follows: 1. I am the Chairman of the Board of County Commissioners of the County and am an officer responsible for issuing the County's $252,000 Limited Tax General Obligation Bond Anticipa- tion Notes, 1985 (Jail Completion), dated, delivered and paid for on the same date as the date of this certification (the "Notes "). 2. The following is a summary of the facts and estimates with respect to the Notes which I reasonably expect to be true on the date the Notes are issued. a. Purchaser and Purchase Price of the Notes. The Notes will be sold to Seattle -First National Bank of Seattle, Washington (the "Purchaser "), at a price of par, less a .5% ($1,260) discount. b. Purpose of Issuing the Notes. The Notes are being issued for the purpose of providing the funds necessary to pay and redeem the County's Outstanding $230,000 par value Limited Tax General Obligation Bond Anticipation Notes, 1984 (the "Outstanding Notes ") issued for the purpose of providing the funds necessary to complete construction of the County jail (the "Redemption ") and to pay the costs of the issuance and sale of the Notes, all pursuant to Resolution No. 82 -85. C. Redemption Schedule. 1) Cost of the Redemption. The cost of the Redemption will be $248,112.50, which cost will be paid from the proceeds of the issuance and sale of the Notes. The net amount received by the County as a result of the sale of the Notes, after payment of all expenses of issuing, selling and delivering the Notes, is not expected to exceed the amount necessary for the Redemption. 2) Date of Redemption. The County will redeem the Outstanding Notes on October 30, 1985. d. Funds Into Which Proceeds from the Issuance and Sale of the Notes will be Deposited. Of the principal proceeds to be derived by the County from the issuance and sale of the Notes, $248,112.50 will be deposited in the County's Limited Tax General Obligation Jail Completion Bond Anticipation Note Fund, 1984, and used to pay, both the principal and interest, and redeem the Outstanding Notes, and the balance will be deposited in the Jail Completion Fund and used to pay the costs of issu- ance of the Notes. - 2 - e. Payment of Notes. 1) Debt Service Structure. The Notes are general obligations of the County. 2) Source of Payment. The Notes are payable from the proceeds of general obligation bonds authorized by Resolution No. 82 -85 of the County, the proceeds of property taxes levied against real property subject to taxation located within the County, the proceeds of additional short -term obliga- tions and other funds available therefor. Those funds which are expected to be used to pay principal of or interest on the Notes will be deposited in the Limited Tax General Obligation Jail Completion Bond Anticipation Note Fund, 1985 (the "Note Fund ") and used by October 30, 1986, for payment of principal of or interest on the Notes. It is expected that the Note Fund will be depleted by October 30, 1986. The County has not created or established and does not expect to create or establish any sinking fund or other similar fund for the Notes other than the Note Fund. f. Expenditure of Investment Income. It is antici- pated that there will be no earnings from the investment of proceeds of the issuance and sale of the Notes and that all earnings from the investment of County non -bond proceed funds expected to be utilized to pay principal of or interest on the Notes will be spent upon principal of or interest on the Notes by October 30, 1986, or will be commingled with non -bond proceed funds of the County within one year of receipt of those earnings. - 3 - 3. To the best of my knowledge, information and belief, the above expectations are reasonable. 4. The County has not been notified of any listing of it by the Internal Revenue Service as an issuer that may not certify its obligations. 5. This certificate is being executed and delivered pursuant to sections 1.103 -13, 1.103 -14 and 1.103 -15 of the Income Tax Regulations under the Internal Revenue Code of 1954, as amended. 0305] DATED October 30, 1985. JEFFERSON COUNTY, WASHINGTON By ,G JOHN L. PITTS, Chairman - 4 - SIGNATURE IDENTIFICATION AND NO- LITIGATION CERTIFICATE We, JOHN L. PITTS and JERDINE C. BRAGG, jointly and severally certify that we are respectively Chairman and Clerk of the Board of County Commissioners of Jefferson County, Washington (the "County "), and have been at all times since January 7, 1985 and July 20, 1981, respectively. We further certify that we have executed $252,000 par value of Limited Tax General Obligation Bond Anticipation Notes, 1985 (Jail Completion), of the County. The notes are dated October 30, 1985; mature October 30, 1986; and bear interest at the rate of 6.25% per annum, payable at maturity. Notes numbers 1 to 49, inclusive, are in the denomi- nation of $5,000 each, and note number 50 is in the denomination of $7,000. We further certify that we have signed the aforesaid notes as Chairman and Clerk, respectively, of the Board of County Commissioners of the County. We further certify that no litigation of any nature is now pending, or, to our knowledge, threatened, restraining or enjoining the issuance and delivery of the notes or the levy and collection of taxes to pay the principal and interest, or in any manner questioning the validity of the notes there- under, that neither the corporate existence or boundaries of the County nor the title of the present officers to their respective offices is being contested, and that no authority or proceedings for the issuance of such notes have been re- pealed, revoked or rescinded. SIGNED this 30th day of October, 1985. Or JOHN L. PITTS, Chairman o e Board of County omm ssioners I 0,__z_A4 JEFDINEIC. BRAGG, 1 o the Board of Count Commissioners I CERTIFY that I am Frances F. Hansen of the Jefferson County Treasurer's Office and that I am personally acquainted with JOHN L. PITTS and JERDINE C. BRAGG, and that I know that they are now and were at the time of signing the $252,000 par value Limited Tax General Obligation Bond Anticipation Notes, 1985 (Jail Comple- tion), dated October 30, 1985, of Jefferson County, Washington (the "County "), and the Signature Identification and No- Litigation Certificate to which this certificate is attached, the duly acting Chairman and Clerk, respectively, of the Board of County Commissioners of the County. I do further identify the signatures of JOHN L. PITTS and JERDINE C. BRAGG as Chairman and clerk, respectively, of the Board of County Commissioners on the above - described notes and the certificate attached as being in all respects genuine. DATED atport Townsend . Washington, this 30th day of October, 1985. CROSS RECEIPT FOR NOTES AND PAYMENT SEATTLE -FIRST NATIONAL BANK, Seattle, Washington, acknowledges receipt in Seattle, Washington, this 30th day of October, 1985, of $252,000 par value Limited Tax General Obligation Bond Anticipation Notes, 1985 (Jail Completion), of Jefferson County, Washington, dated October 30, 1985 (the "Notes "). The Notes mature on October 30, 1986, and bear interest at the rate of 6.25% per annum, payable at maturity. Notes numbers 1 to 49, inclusive, are in the denomination of $5,000 each, and Note number 50 is in the denomination of $7,000. JEFFERSON COUNTY, WASHINGTON, acknowledges receipt in Seattle, Washington, this 30th day of October, 1985, of $250,740 in full payment for the Notes, which settlement amount is the par value of the Notes less a discount of $1,260. SEATTLE -FIRST NATIONAL BANK JEFFERSON COUNTY, WASHINGTON By By 4�E SUOERiO Q 9c O O N 1 SON 0 THE SUPERIOR COURT OF THE STATE OF WASHINGTON COUNTY OF JEFFERSON WILLIAM E. HOWARD, JUDGE COURTHOUSE PORT TOWNSEND, WA 98368 (208) 385.1574 November 5, 1985 John F. Raymond Prosecuting Attorney for Jefferson County 209 Quincy Street Port Townsend, WA 98368 RE: County Employment of Special Attorneys Dear Mr. Raymond: Recently two resolutions of the Board of County Commissioners, Resolution #78 -85 and #81 -85, have been presented to the Court for approval as a contract for employment between Jefferson County and the Roberts & Shefelman law firm. While the documents are in the form of a resolution they also have a provision for acceptance of employment under the terms of the resolution, i.e., the obvious intent is to provide for the authorization and the contract of employ- ment in a single document. As you are aware employment of special attorneys by the County requires approval by the Superior Court (RCW 36.32.200), and that is why they were brought by the Commissioner's Office to the Court for approval. I note one deficiency. The statute specifically requires that: "Any contract written pursuant to this section shall be limited to two years in duration." Neither of the documents submitted for my review contain that limitation. Before I would approve either resolution as a contract of employ- ment the two year limitation on the employment contract must be included. Very truly yours, WILLIA M E. HOWARD Judge of the Superior Court WEH:maw CC: John Pitts, Chairman, Board of County Commissioners w /orig. resolutions JAMES GAY ROBERT G. MOCH GRoHOE M. MACK BRIAN L COMS7'OCE. Ps. TIMOTHY R. CLIFFcRD LEE R. VooRHHEs. 311. DAVID B. SWERNEY WILLIAM G. TONKIN GARY N. ACKERMAN. P.S. ROOK A. MYKLE BUST ROOHR C: W. DUBROK* JON W. MAcLEGD PAUL L .AHERN. JR. WALTER T. FEATHFRLY III' MICHAEL D. KUNTz EMILY V.:UR'LE GLUECK 3ENNET A. MCf ONAUGHY- '10NI H. OSTKROAARD HUGH D. SP-TLER T)OUOLAS C. ROSS THOMAS M. WALSH JUNK E. HOBKR' J. TAYLOR WAS, SU" IIRAUI.HY J. 13HRO WILLIAM 11. CHAPMAN (i A!L 1. VOIOTLAVUER* k0i) -1a. KASROU -4A - ALAKKA BAR -- ALASKA AND WAti111NOTON BAf1B ALL OTNNRB WASMNO "CON B— ONLY RO- BIFPTS & SIRp'FELMAN A PARTNERSHIP INCLUDINU � °ROFRS +ZONAL CORPW?ArIONU 41CJ SEAFIRSi- FIm'H AVENUE °? -A'LP. 800 FIFTH AVENUE SEATTLE. WASITINCITON 98104-3178 (206) 622 -1818 TF.LECOPIER - t206) 624 -2600 October 18, 1985 Frances F. Hansen County Treasurer Jefferson County 1820 Jefferson Street Port Townsend, Washington 98368 Dear Fran: Enclosed is our statement of with the recent issuance of bond claim filed by Queets- Clearwater OF COUNSEL ROBERT F. BUCK PAUL W. KOVAL* RET, wer) VICTOR D. ..AW RUNCE JAMES C- HARPER JAMKS P. WATER 0877.1959) F. M. RoRKRTs /1eeo-A973) HAROLD S. SHRFRLMAN (1896.1964) ANCHORAGE OFFICE SUITE 1600 2650 DRNALI STREET ANCHORAOH. ALASKA 09503.2719 reon 27e -t356 TRLECOPIRR - (907) 272-8332 - 1 �C � 1( �� }mod f i n L� C fees and costs in connection anticipation notes to settle the School District No. 20. I havelalso enclosed a re*aolution for the Board of County Commissioners approving our retention as bond counsel on this matter. I am sorry that I did not provide this resolution at the time the bond resolution was passed; we usually have retainer resolutions, such as the one enclosed, passed at or prior to the passage of the bond resolution. The reason for the .retainer resolution is that when attorneys other that the prosecuting attorney do work for a county, either those outside attorneys must be appointed in writing by the prosecuting attorney, or approved by resolution of the Board. October 18, 1985 Page Two I would appreciate receiving one of the signed copies of this resolution for our records. Please feel free to call if you have any questions concerning this matter. Sincerely, ROBERTS & SHEFELMAN Hugh D. )Spitzer HDS:caah Enclosure cc: John Raymond, Prosecuting Attorney