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Amend Resolution 20-452 to reduce the net present value saving threshold BEFORE THE BOARD OF COUNTY COMMISSIONERS LEWIS COUNTY, WASHINGTON IN THE MATTER OF: RESOLUTION NO. 21-055 AMEND RESOLUTION 20-452 IN ORDER TO REDUCE THE NET PRESENT VALUE SAVING THRESHOLD IN CONNECTION WITH THE REFUNDING OF THE REFUNDED BONDS AND PROVIDING FOR OTHER MATTERS PROPERTY RELATING THERETO WHEREAS, Lewis County, Washington (the "County"), is a municipal corporation duly organized and existing under and by virtue of the Constitution and laws of the state of Washington (the "State"); and WHEREAS, the Board of County Commissioners (the "Board") adopted Resolution No. 20-452 on December 14, 2020 ("Resolution No. 20-452") authorizing the sale, issuance and delivery of not to exceed $14,000,000 of the County's Limited Tax General Obligation and Refunding Bonds, Series 2021; and WHEREAS, Section 21(C)(4) of Resolution No. 20-452 established a net present value savings threshold of not less than 5.00 percent; and WHEREAS, due to changing market conditions, the County's municipal advisor has recommended that the 5.00 percent threshold be changed to 2.00 percent; and WHEREAS, the Board hereby desires accept such recommendation. Page 1 of 3 Res. 21-055 NOW THEREFORE BE IT RESOLVED the BOCC determines as follows: Section 1. Definitions The terms used in this Resolution and not otherwise defined herein have the meanings provided in Resolution No. 20-452. Section 2. Amendment to Section 21(C)(4) of Resolution No. 20-452 Section 21(C) of Resolution No. 20-452 is hereby amended to provide as follows (stricken words denote deletions and underlined words denote additions): "Section 21: Sale and Delivery of the Bonds Authorized C. Authorization to Execute the Successful Bid. The Bonds shall be sold to the successful bidder. The Treasurer is hereby authorized and directed to execute the successful bid and cause the Bonds to be delivered to the successful bidder at such time as the following conditions are satisfied: 1. the True Interest Cost of the Bonds is not more than 4.00 percent; 2. the Bonds allocable to the Cost of the Project do not mature on a date later than December 1, 2040; 3. the Bonds allocable to the Refunded Bonds do not mature on a date later than December 1, 2024; and 4. the net present value saving to the County is not less than 5.00 2.00 percent. Prior to executing the successful bid, the Treasurer shall confirm the following information: (1) the purchase price for the Bonds and its components; (2) the terms specified in the Official Notice of Sale; (3) the date the Bonds are to be delivered to the successful bidder; (4) the approximate yield and price for each maturity of the Bonds; (5) any municipal bond insurance provisions, if any; and (6) net present value savings." Section 3. No Personal Recourse No recourse shall be had for any claim based on this Resolution against any Board member, officer or employee, past, present or future, of the County or of any successor body as such, either directly or through the County or any such successor body, under any constitutional provision, statute or rule of law or by the enforcement of any assessment or penalty or otherwise. Section 4. Full Force and Effect of Resolution No. 20-452 Resolution No. 20-452 is hereby amended to the extent provided in this Resolution and, except as specifically provided herein, Resolution No. 20-452 shall remain in full force and effect in accordance with its terms. Page 2 of 3 Res. 21-055 Section 5. Repealer All resolutions or parts thereof in conflict herewith are, to the extent of such conflict, hereby repealed, and shall have no further force or effect. Section 6. Effective Date This Resolution shall be effective as of the date of its adoption. DONE IN OPEN SESSION this 8th day of February, 2021. APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS Jonathan Meyer, Prosecuting Attorney LEWIS COUNTY, WASHINGTON Eric Eisenberg Gary Stamper By: Eric Eisenberg, Gary Stamper, Chair Chief Civil Deputy Prosecuting Attorney ATTEST: .•;�°-"oF�s•. Lindsey R. Pollock, DVM ° L Y `frtdse R. Pollock, DVM, Vice Chair •�, � St''' 1g45 •. NGTOt�;;'• Rieva Lester Sean D. Swope Rieva Lester, Sean D. Swope, Commissioner Clerk of the Lewis County Board of County Commissioners Page 3 of 3 Res. 21-055 • * * * * * * * * * * * * * * * CERTIFICATE I, Rieva Lester, Clerk of the Board of County Commissioners of Lewis County, Washington, hereby certify as follows: 1. That the foregoing resolution is a full, true and correct copy of a resolution duly passed and adopted at a regular meeting of the Board of County Commissioners of such County (the"Board"); 2. That such meeting was duly convened and held in all respects in accordance with the law;that a quorum was present throughout the meeting through telephonic, electronic, internet or other means of remote access,and a majority of the Board so present voted in the proper manner for the adoption of such resolution; 3. That such meeting was conducted in person with one or more options provided for the public to attend the meeting in person or remotely,including by computer and telephone access, which mean(s)of access provided the ability for all persons attending the meeting remotely to hear each other at the same time. 4. That such resolution was adopted by the following vote: AYES, and in favor thereof: 3 NAYS: ABSENT: ABSTAIN: I further certify that I have carefully compared the same with the original resolution on file and of record in my office; that such resolution is a full, true and correct copy of the original resolution adopted at such meeting; and that such resolution has not been amended, modified or rescinded since the date of its adoption, and is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the County on this " day of February, 2021. LEWIS COUNTY, WASHINGTON •• COUNTy'•• v�,,OO�,Rn of'9sy�• Rieva Lester, Clerk of the Board SINCE of County Commissioners :w . ,z• ( SEALS`;;cb 1845 •; 1. coMMls� oJ:• '� TO>u c r'. •• 4824-0465-6089.1 BOCC AGENDA ITEM SUMMARY Resolution: 21-055 BOCC Meeting Date: Feb. 8, 2021 Suggested Wording for Agenda Item: Agenda Type: Deliberation Amend Resolution 20-452 in order to reduce the net present value saving threshold in connection with the refunding of the refunded bonds and providing for other matters property relating thereto Contact: Arny Davis Phone: 360 740-1110 Department: TREAS - Treasurer Description: Refunding Resolution amending present value savings on refunding of current bond to be included with previously approved resolution authorizing new bond funding for capital Improvements of Facilities of Courthouse Annex and Juvenile Justice Center renovation. Approvals: Publication Requirements: Publications: User Status PA's Office Pending Additional Copies: Cover Letter To: Erik Martin Roy.Koegen @KutakRock.com Steve Wohld Scott @nwmunicipaladvisors.com Jonathan Meyer Haskins, Debbi J. Rodney Reynolds <Debbi.Haskins @KutakRock.com>