HomeMy Public PortalAboutOrd. 544 Special Election for Recreational ImprovementsORDINANCE NO. 544
AN ORDINANCE OF THE CITY OF MCCALL, VALLEY COUNTY, IDAHO, ORDERING
A SPECIAL ELECTION TO BE HELD ON THE QUESTION OF THE ISSUANCE OF
GENERAL OBLIGATION BONDS OF THE CITY IN THE PRINCIPAL AMOUNT OF
NOT TO EXCEED $1,100,000 FOR THE PURPOSE OF PROVIDING FUNDS FOR
THE PURPOSE OF FINANCING CERTAIN CAPITAL IMPROVEMENTS FOR PUBLIC
RECREATIONAL FACILITIES; ESTABLISHING THE DATE, TIME, AND PLACE OF
SAID ELECTION; APPROVING A FORM OF NOTICE OF ELECTION; AND
PROVIDING FOR OTHER MATTERS RELATING THERETO
WHEREAS, the City of McCall (the "City") is a municipal
corporation duly organized and operating under the laws of the
State of Idaho; and
WHEREAS, the City Council (the "Council") of the City has
determined that the interests of the City and the public interest
and necessity required the incurring of an indebtedness of the
City in the amount of not to exceed $1,100,000 for certain capital
improvements consisting generally of the acquisition and improve-
ment of land for recreational facilities, construction and
improvement of recreational trails and bridges, park improvements,
and other recreational improvements, together with costs incident
thereto; and
WHEREAS, said indebtedness would exceed the City's income and
revenue provided for the current fiscal year, and the Council has
determined that said funds should be raised through the issuance
and sale of general obligation bonds of the City, subject to the
approval of two-thirds (2/3) of the qualified electors voting at
the election called for that purpose as provided hereinbelow.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF
THE CITY OF MCCALL, IDAHO, as follows:
Section 1: THE PROJECT
A. The Council hereby finds, determines, and declares that
the interest of the City and the public interest and necessity
require the incurring of an indebtedness exceeding the income and
revenue provided to the City for the current fiscal year in the
amount of not to exceed $1,100,000 for the purpose of acquiring,
constructing, and installing certain capital improvements (the
"Project") consisting generally of acquisition and improvement of
land for recreational facilities, construction and improvement of
recreational trails and bridges, park improvements, and other
recreational improvements, together with costs of engineering,
legal, fiscal advisor, accounting, and other costs and fees
incident thereto.
Page 1
B. The cost and expenses of the acquisition, construction,
and installation of the Project are estimated to be $1,100,000,
including the payment of all preliminary expenses incurred and
incident to the Project and properly incident to the issuance of
the bonds as such expenses are set forth in Idaho Code Sections
50-1019 through 50-1026A, all of which shall be payable from the
proceeds of the sale of general obligation bonds of the City as
provided herein.
C. Subject to the following subparagraph, the acquisition,
construction, and installation of the improvements as described
above are hereby ordered.
D. Subject to the approval thereof by the qualified
electors voting at the election for which provision is hereinafter
made, general obligation bonds of the City shall be issued
pursuant to the provisions of Idaho Code Sections 50-1019 through
50-1026A, inclusive, and the Municipal Bond Law of the State of
Idaho, in the amount of not to exceed $1,100,000, to pay the costs
of the Project.
Section 2: SPECIAL BOND ELECTION
A special bond election is hereby called to be held within
the City of McCall on Tuesday, June 6, 1989. The City, as its
boundaries and corporate limits are now fixed and established,
shall consist of one (1) voting precinct, as follows:
American Legion Meeting Room
McCall City Hall Basement
216 Park Street
McCall, Idaho
The Council shall appoint an election judge and election
clerks for said polling place for said special election. The
election officials shall be qualified city electors. The City
Clerk shall notify the election officials of their appointment
within five (5) days following their appointment. If any election
official fails to report for duty on the date of election, the
City Clerk shall fill such vacancies from among the qualified
electors presenting themselves to vote.
Section 3: ADMINISTRATION OF ELECTION
The polls of said election shall open at the hour of 8:00
o'clock A.M. on June 6, 1989, and shall remain open continuously
on said day until the hour of 8:00 o'clock P.M., at which time the
polls shall be closed. The administration of the election shall
be conducted in accordance with Chapter 4 of Title 50, Idaho Code,
as amended, except as provided by Section 50-1026, Idaho Code, and
in accordance with this Ordinance. The ballot proposition set
forth hereinafter, to be voted upon at said election, shall be
Page 2
separate and distinct from any other measure being voted upon at
said election.
Section 4: BALLOT
The ballot for said special election shall be in
substantially the following form:
SHALL THE CITY OF MCCALL ISSUE AND SELL ITS GENERAL
OBLIGATION BONDS IN THE PRINCIPAL AMOUNT OF NOT TO
EXCEED $1,100,000 TO PAY THE COST OF ACQUISITION AND
IMPROVEMENT OF LAND FOR RECREATIONAL FACILITIES,
CONSTRUCTION AND IMPROVEMENT OF RECREATIONAL TRAILS AND
BRIDGES, PARK IMPROVEMENTS, AND OTHER RECREATIONAL
IMPROVEMENTS, AND COSTS INCIDENTAL THERETO, SAID BONDS
TO MATURE OVER A PERIOD OF NOT TO EXCEED TWENTY (20)
YEARS, ALL AS MORE FULLY PROVIDED IN ORDINANCE NO. 544,
ADOPTED ON APRIL 13, 1989?
IN FAVOR of issuing general obligation bonds to
the amount of not to exceed $1,100,000 for the
purpose stated in Ordinance No. 544 [
AGAINST issuing general obligation bonds to
the amount of not to exceed $1,100,000 for the
purpose stated in Ordinance No. 544 [
INSTRUCTIONS TO VOTERS: To vote on the foregoing
proposition, the voter must make a cross (X) in the
space to the right of the words "IN FAVOR of issuing
general obligation bonds to the amount of not to exceed
$1,100,000 for the purpose stated in Ordinance No. 544"
or "AGAINST issuing general obligation bonds to the
amount of not to exceed $1,100,000 for the purpose
stated in Ordinance No. 544" according to the way you
desire to vote on the question. All marks otherwise
made are forbidden. All distinguishing marks are
forbidden and make the ballot void. If you, by mistake
or accident, mark, tear, deface, or otherwise mutilate
this ballot, return it to the election judge and obtain
another ballot.
The following information is required by Section 34-440,
Idaho Code:
The interest rate anticipated on the proposed bonds is
7.75%. The range of anticipated rates is from five
percent (5.0%) to twelve percent (12.0%). The total
existing indebtedness of the City is $615,897. The
total amount to be repaid over the life of the proposed
bonds, principal and interest, based on the anticipated
interest rate, is estimated to be $2,199,340.
Page 3
Section 5: ELECTION EXPENSES
The City Clerk is hereby authorized and directed to procure a
sufficient number of ballots and such other supplies and to incur
such expenses as he deems appropriate and necessary for the proper
conduct of the special bond election.
Section 6: QUALIFIED ELECTORS
All persons eighteen (18) years of age or older, who at the
time of the specified bond election are qualified electors of the
City, properly registered and possessing the qualifications of
residents, shall be qualified to vote at said election.
Section 7: REGISTRATION
No qualified elector who was duly registered as a voter, and
who continues to reside at the same address or within the same
precinct in which he or she is registered, and has voted in at
least one general City election in the past four years, shall be
required to re -register.
Persons may register at the office of the City Clerk, as
Registrar for the City, during office hours, until 8:00 o'clock
P.M. on June 2, 1989. Any elector who will complete his or her
residence requirement or attain the requisite voting age during
the period when the register of electors is closed, may register
prior to the closing of the register.
Section 8: SAMPLE BALLOTS
The City Clerk shall cause the ballot to be prepared and
cause to be printed sample ballots containing the question to be
submitted, which sample ballots shall be in the same form as the
official ballots to be used, except they shall have printed
thereon the words "Sample Ballot," shall be on paper of a
different color than the official ballots, and shall not be
numbered. The ballot shall be separate from any other measure
being voted upon at the election. The City Clerk shall furnish
copies of the same on application at his office to anyone applying
therefor. Said sample ballot shall be published at least twice in
the official newspaper of the City, the last publication to be on
the last available publication date prior to said election.
Section 9: NOTICE
Notice of said special bond election shall be given for
thirty (30) days prior to said election by publishing notice of
such election in the Central Idaho Star -News, of McCall, Idaho,
which is the official newspaper of the City, once each week on the
same day of each week for five (5) successive weeks, which notice
Page 4
shall be in substantially the form of Notice of Election which is
annexed hereto as Exhibit "A" and by reference made a part hereof.
Section 10: CANVASS
When the polls are closed, the election judge and clerks
shall immediately proceed to count the ballots cast at the
election. The counting shall be continued without adjournment
until completed and the result declared. The election judge and
clerks shall thereupon certify the returns of the election to the
City Clerk, who shall present the results to the Council.
The Mayor and Council shall meet within six (6) days
following the election, or at such time to which said meeting is
continued, at the regular meeting place in the City Hall, for the
purpose of canvassing the results of the election. Thereupon, the
results shall be entered in the minutes of the Council and
proclaimed as final.
Section 11: DEBT DISCLOSURE STATEMENT
A brief official statement containing the information
required by Idaho Code Section 34-440, as amended, shall be
prepared by the City Treasurer.
Section 12: GENERAL OBLIGATION BONDS
If, at said election, two-thirds (2/3) of the qualified
electors of the City voting therein vote in favor of the issuance
of said bonds for the purposes set forth herein and designated on
the aforesaid ballot, fully registered general obligation bonds of
the City shall be authorized, issued, sold, and delivered. The
full faith and credit of the City will be pledged for their
payment. Said bonds will be paid from annual taxes levied upon
all taxable property within the City in sufficient amount to
constitute a sinking fund for the payment of the principal
thereof, together with the interest on the bonds as it falls due,
within a period which may be less than but which shall not exceed
twenty (20) years from the date of the bonds.
The officers now or hereafter charged by law with the duty of
levying taxes for the payment of said bonds and interest thereon
shall, in the manner provided by law, make annual levies upon all
taxable property within the City sufficient to meet the annual
payments of bond principal and interest accruing and maturing as
hereinabove provided.
All bonds shall be issued in the form and manner, and shall
be registered, disposed of, and redeemed, in accordance with the
provisions of Sections 50-1019 through 50-1026A, Idaho Code, and
the Municipal Bond Law of the State of Idaho.
Page 5
Section 13: OFFICERS AUTHORIZED
The officers of the City are hereby authorized and directed
to take all action necessary or appropriate to effectuate the
provisions of this Ordinance.
Section 14: RATIFICATION
All action heretofore taken, not inconsistent with the
provisions of this Ordinance, by the Mayor and Council, and the
officers of the City, directed toward acquisition, construction,
and installation of the Project and the issuance of general
obligation bonds of the City therefor, and for the holding of a
special bond election, are hereby ratified, approved, and
confirmed.
Section 15: PUBLICATION
This Ordinance, or a summary thereof in compliance with
Section 50-901A, Idaho Code, shall be published once in the
official newspaper of the City, and shall take effect immediately
upon its passage, approval, and publication.
DATED this 13th day of April, 1989.
CITY OF MCCALL
Valley County, Idaho
ATTEST:
City Clerk
( S E A L )
Page 6
... �JMA111p:'�.'riMtFatlil•116tkm ..,..... ..Y.i<AWkMgSP.n%:;n _, a..:�p.iryrWBfFtE
la, WUt
AND SELL ITS GENERAL OBLIGATION
BONDS IN THE PRINCIPAL AMOUNT OF
NOT TO EXCEED 51,103,000 TO PAY THE
COST OF ACQUISITION AND
IMPROVEMENT OF LAND FOR
RECREATIONAL FACILITIES,
CONSTRUCTION AND IMPROVEMENT
OF RECREATIONAL TRAILS AND
BRIDGES, PARK IMPROVEMENTS, AND
OTHER RECREATIONAL
IMPROVEMENTS. AND COSTS
INCIDENTAL THERETO, SAID BONDS TO
MATURE OVER A PERIOD OF NOT TO
EXCEED TWENTY (20) YEARS, ALL AS
MORE FULLY PROVIDED IN ORDINANCE
NO. 544. ADOPTED ON APRIL 13, 19891
Section 5. Provides
Section 6.
for payment of
election expenses.
6. Defines qualified elector. as
Publisher's Affidavit of P u b l i ca persons eighteen (18) yea. of age or drier
ho are registered qualified electors of the
Cityy
Lima; Provides for registration of
vote..
Se^t _L Provides for preparation of
sample ballots and publication of sample
ballot.
Section 9- Provides for publication of
Notice of Special Bond Election.
Section 10. Provides for canvass of
votes.
Section 11. Provides for Debt
Disclosure Statement pursuant to Idaho
Cole Section 34-440.
Section 17 Provides for the issuance of
general obligation bands maturing over a
period of not to exceed twenty (20) years,
and provides for other matters relating to
the general obligation bonds.
Section 13- Authorizes the officer. of
dee City to take appropriate actions w
effectuate the pro tions of this
Ordinance.
Section 14. Ratifies previous action..
Section 15- Provides for publication of
• summary of the ordinance.
The full text of Ordinance No. 544 is
available at City Hall and will be provided
to any citizen upon personal request during
normal office hours.
DATED this 13th day of Aptl, 1989.
CITY OF MC CALL,VaEry canny, Idaho,
John Allen, Mayor. ATTEST: A. Schmidt,
City Clerk.
CERTIFICATION OF CITY ATmRNEY
I, the undersigned Qty Attorney for and
legal advisor to the City of McCall, Valley
Canty, Idaho, hereby certify that I have
read the attached summary of Ordinance
No. 544 of the City of McCall and that the
same is true and complete and provides
adequate notice to the public of the
content. of said Ordnance.
Dated this 13th day of April, 1989.
Robert H. Remaklus, City Attorney
114/19
STATE OF IDAHO
.SS
County of Valley
I, Maggie Aganew, being duly sworn and say, I am the receptionist of
The Central Idaho Star -News, a weekly newspaper published at McCall, in the
County of Valley. State of Idaho; that said newspaper is in general circulation
in the county of aforesaid and is a legal newspaper; that the RESOLUTION
# 3-89, a copy of which is enclosed hereto and m a part hereof, was published
in said newspaper once a week for one consecutive week in the regular and
entire issue of every number there of during the period of time of publication,
and was published in the newspaper proper and not in a supplement; and that
publication of such notice began April 19, 1989, and ended April 19, 1989.
Subscribed and sw
STATE OF IDAHO
COUNTY OF VALLEY
n before me this the 19th day of April, 1989.
On this 19th day of April, in the year of 1989, before me, a Notary
Public, personally appeared Maggie Aganew, known or identified to me to be
the person whose name subscribed to the within instrument, and being by me
first duly sworn, declared that the statements therein are true, and acknowl-
edged to me that she executed the same.
Tom Grote
Notary Pudic for Idaho
Residing at McCall, Idaho
Commission Expires: 1993
RESOLUTION NO. 3.89
A RESOLUTION OF THE CITY OF MC
CALL, IDAHO, APPROVING. PURSUANT
TO SECTION 50-901 A, IDAHO CODE, A
SUMMARY OF ORDINANCE NO. 544
FOR PUBLICATION.
WHEREAS, the City of McCall, Valley
County, Idaho (the "city'), on April 13,
1989, adopted Ordinance No. 544,
ordering • special bond election on the
question of the issuance of general
obligation bonds in the principal amount
of not to exceed 51,100,000; and
WHEREAS, the City is authorized, by
Section 50-901A, Idaho Code, to publish,
in lieu of the attire ordinance, ■ summary
thereof.
NOW, THEREFORE, BE IT RESOLVED
BY THE QTY COUNCIL OF TIS QTY OF
MC CALL, IDAHO, as follows:
Section): That the summary of
Ordinance No. 544, adopted by the McCall
City Council on April 13, 1989, a copy of
which summary ts annexed hereto as
Exhibit "A,' by, and the same is hereby,
approved.
Section 2: This Resolution shall take
effect and be in force frau and after its
passage and approval.
DATED this 13th day of April, 1989.
QTY OF MC CALL, Valley Cwmy, Idaho.
John Allen, Mayor.. ATTEST: A. Schmidt,
City Clerk
SUMMARY OF ORDNANCE NO.
544
AN ORDINANCE OF THE CITY OF MC
CALL, VALLEY COUNTY, IDAHO,
ORDERING A SPECIAL ELECTION TO BE
HELD ON THE QUESTION OF THE
ISSUANCE OF GENERAL OBLIGATION
BONDS OF THE CITY IN THE PRINCIPAL
AMOUNT OF NOT TO EXCEED
51,100000 FOR THE PURPOSE OF
PROVIDING FUNDS FOR THE PURPOSE
OF FINANCING CERTAIN CAPITAL
IMPROVEMENTS FOR PUBLIC
RECREATIONAL FACILITIES;
ESTABLISHING THE DATE, TIME, AND
PLACE OF SAID ELECTION; APPROVING
A FORM OF NOTICE OF EIECDON; AND
PROVIDING FOR OTHER MATTERS
RF2ATTNG THERETO
A summary of the principal provuiaa
f Ordinance No. 544, of the City of
McCall, Valley County Idaho, adopted on
April 13, 1989, u a follows:
Section 1. Defines the recreational
facilities project, estimates the total mat
at 51,100,000 and provides for the
issuance of general obligation bonds,
bject to approval of the qualified
electors of the City, in an amount not 10
exceed SI,100,000.
Section 2. Provides for a special
municipal bond election to be held within
the City on Tuesday, June 6, 1989, for the
purpose of enabling the qualified electors
of the City to vote upon the preposition of
inning general obligation bonds.
Section 3L Provides that the polls at
raid election shall ,ien at 8,00 o'clock
CERTIFICATE OF RECORDING OFFICER
STATE OF IDAHO )
) ss
COUNTY OF VALLEY)
I, the undersigned, the duly appointed, qualified, City Clerk of
McCall City, Idaho, do hereby certify the following:
1. That pursuant to the provisions of Section 50-207, Idaho
Code, I keep a correct journal of the proceedings of the Council of
McCall City, Idaho, and that I am the statutory custodian of all laws,
ordinances and resolutions of said City.
2. That the attached Ordinance No. 5-9Y is a true and correct
copy of an ordinance pas ed at a regular meeting of the Council of
McCall City held on 19.V, and duly recorded in my
office; and V
3. That said regular 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 having been given; that a legal
quorum was present throughout the meeting and that a legally
sufficient number of members of the Council of McCall City voted in
the proper manner and for the passage of said ordinance; and that all
other requirements and proceedings incident to the proper adoption and
passage of said ordinance have been duly fulfilled, carried out and
observed; and that I am authorized to execute this certificate.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
officnial seal of the Citx of McCall, Idaho, this / `/f day of
//k/-(;%49 , 19 7 .
Arthur J.,S`chmidt, City Clerk
(Seal of the City)