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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)