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HomeMy Public PortalAboutOrd. 545 Improvements to the Public Golf CourseORDINANCE NO. 545 AN ORDINANCE PROVIDING FOR THE CONSTRUCTION AND INSTALLATION OF IMPROVEMENTS TO THE PUBLIC GOLF COURSE OF THE CITY OF MCCALL, OF VALLEY COUNTY, IDAHO; CALLING A SPECIAL ELECTION FOR THE SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY THE QUESTION OF THE ISSUANCE OF REVENUE BONDS IN THE AMOUNT OF NOT TO EXCEED $450,000 TO PAY THE COST THEREOF; ESTABLISHING THE DATE, TIME, AND PLACE OF SAID ELECTION; PROVIDING FOR PUBLIC NOTICE OF SAID 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, it has been determined by the City Council of the City (the "Council") to be necessary to the welfare and economic betterment of the City to acquire and construct improvements and betterments to the public golf course of the City, consisting generally of the construction and equipping of a new golf course caddy house, cart storage facilities, landscaping, and related golf course improvements and costs incidental thereto; and WHEREAS, the Council has determined to finance the cost of the construction and installation of said improvements through the issuance of revenue bonds of the City, pursuant to the provisions of the Revenue Bond Act of the State of Idaho, being Sections 50-1027 to 50-1042, inclusive, Idaho Code; and WHEREAS, said revenue bonds cannot be issued without the assent of two-thirds (2/3) of the qualified electors of the City voting in an election called for such purpose; and WHEREAS, in order to authorize such revenue bonds, the Council has determined to call and conduct a special municipal bond election for the aforesaid purposes as required by said Revenue Bond Act. 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 it is necessary to the welfare and general economic betterment of the City that the City acquire and construct certain capital improvements and betterments to the City's public golf course (the "Project"), consisting generally of the construction and equipping of a new golf course caddy house, cart storage facilities, Page 1 landscaping, and related golf course improvements and costs incidental thereto. B. The cost and expenses of the acquisition, construction, and installation of the Project, as estimated by the City, are approximately $450,000, 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 said Revenue Bond Act, and including payment of interest on such bonds during the period to be covered by the acquisition and construction of the improvements as described in subparagraph A above. C. Subject to the following subparagraph, the acquisition, construction, and installation of the improvements, as described in subparagraph A, above, are hereby ordered. D. Subject to the approval thereof by the qualified electors voting at the election for which provision is hereinafter made, revenue bonds of the City shall be issued pursuant to the provisions of the Revenue Bond Act, being Idaho Code Sections 50-1027 to 50-1042, inclusive, in the amount of not to exceed $450,000, to pay the costs of the Project. Section 2: SPECIAL ELECTION A special municipal bond election is hereby called within the City to be held on Tuesday, June 6, 1989, for the purpose of enabling the qualified electors of the City to vote upon the proposition set forth in Section 4 hereof. Said election shall be held in accordance with the laws of the State of Idaho. 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 said polls shall be closed. 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 voting place for said special election. The election officials shall be qualified City electors. The City Clerk shall notify the election officials of their respective appointments. If any election official fails to report Page 2 for duty on the date of the election, the City Clerk shall fill such vacancies from among the qualified electors presenting themselves to vote. 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 50-1035, Idaho Code, and in accordance with this Ordinance. The ballot proposition set forth hereinafter, to be voted upon at said election, shall be separate and distinct from any other measure being voted upon at said election. Section 4: BALLOT TITLE The ballot title for said special election shall be in substantially the following form: SHALL THE CITY OF MCCALL ISSUE AND SELL ITS REVENUE BONDS IN THE PRINCIPAL AMOUNT OF NOT MORE THAN $450,000 TO PAY THE COSTS OF IMPROVEMENTS TO THE CITY'S PUBLIC GOLF COURSE, SAID BONDS TO MATURE OVER A PERIOD WHICH MAY BE LESS THAN BUT WHICH SHALL NOT EXCEED TWENTY (20) YEARS AND TO BE PAYABLE SOLELY FROM THE REVENUES OF THE PUBLIC GOLF COURSE, ALL AS MORE FULLY PROVIDED IN ORDINANCE NO. 545, ADOPTED ON APRIL 13, 1989? IN FAVOR OF issuing revenue bonds for the _ purposes provided by Ordinance No. 545 . . . . [_] AGAINST the issuance of revenue bonds for the purposes provided by Ordinance No. 545 INSTRUCTIONS TO VOTERS: To vote on the foregoing proposition, the voter must make a (X) in the space to the right of the words "IN FAVOR OF issuing revenue bonds for the purposes provided by Ordinance No. 545" or "AGAINST the issuance of revenue bonds for the purposes provided by Ordinance No. 545" according 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 %. The range of anticipated rates is from Page 3 five percent (5.0%) to twelve percent (12.0%). The total amount to be repaid over the life of the proposed bonds, based on the anticipated interest rate, is estimated to be $ . Section 5: ELECTION EXPENSES The City Clerk is hereby authorized and directed to procure such supplies and 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, as required by I.C. Section 50-440, cause to be printed, not less than fifteen (15) days before said election, 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 City Clerk shall furnish copies of the same on application at his office to anyone applying therefor. Said sample ballots 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 prior to said election by publishing notice of such election in the Central Page 4 Idaho Star -News, of McCall, Idaho, which is the official newspaper of the City, once a week on the same day of the week for two (2) successive weeks, which notice shall be in substantially the form attached hereto, marked Exhibit "A," and by this reference incorporated herein. Section 10: CANVASS When the polls are closed, the election officials 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 at the McCall City Hall, McCall, Idaho, 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: REVENUE BONDS If, at said election, two-thirds (2/3) of the qualified electors of the City voting upon the ballot question set forth in Section 4 of this Ordinance vote in favor of the issuance of said bonds for the purposes set forth herein and designated on the aforesaid ballot, fully registered revenue bonds of the City shall be authorized, issued, sold, and delivered. Said bonds shall be issued in the form and manner, shall be registered, shall mature annually over a period which may be less than but which shall not exceed twenty (20) years, shall bear interest at a rate or rates to be determined by the Council at the time of issuance of such bonds, and shall be payable annually or at such lesser intervals and be subject to such redemption provisions, as may be prescribed by the ordinance authorizing the issuance of such bonds, all of which shall be in accordance with the laws of the State of Idaho. The net revenues of the public golf course of the City (gross revenues minus normal expenses of maintenance and operation) will be pledged for the payment of principal of and interest and redemption premiums, if any, on said revenue bonds. Said bonds shall not be a debt of the City within the meaning of any State constitutional provision or statutory limitation, nor a charge against the general credit or taxing powers of the City, and the Page 5 City shall not be liable therefor, nor shall said bonds or the interest thereon be payable out of any funds other than the revenues of the public golf course specified above. 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 directed toward construction and installation of the Project and the issuance of revenue bonds of the City therefor, and for the holding of a special municipal bond election, is 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: ( S E A L ) Page 6 Publisher's Affidavit of Public STATE OF IDAHO sl .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 6 4-89, 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. A , Stjbscribed and son STATE OF IDAHO COUNTY OF VALLEY 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 Public for Idaho Residing at McCall, Idaho Commission Expires: 1993 RESOLUTION NO. CIO A RESOLUTION OF THE CITY OF McCALL, IDAHO, APPROVING, PURSUANT TO SECTION 50.901A, IDAHO CODE, A SUMMARY OF ORDINANCE NO. 545 FOR PUBISCATION. WHEREAS, the City of McCall, Valley County, Idaho (the "City")), on April 13, 1989, adopted Ordinance No. 545 ordering a special bond elution on the question of the issuance of revenue bonds in the principal amount of not to exceed 5450,000; and WHEREAS, the City is authorized, by Section 50-901A, Idaho Code, to publish, in lieu of the entire ordinance, • summary thereof. NOW, THEREFORE, BE IT RESOLVED BY TH8 CITY COUNCIL OF TILE CITY OF McCALL, IDAHO, u fellows: Section 1: That the summary of Ordinance No. 545, adopted by the McCall City Council on April 13, 1989, a copy of which summary is annexed hereto as Exhibit "A", be, and the same is hereby, approved. Section 2: This Resolution shall take effect and be in force from and after iu purge and approval. DATED this 13th day of April, 1989 CITY OFMcCALL Valley County, Idaho John Allen, Mayor ATTEST: Bud Schmidt, City Clerk SUMMARY OF ORDINANCE 140.545 AN ORDINANCE PROVIDING FOR THE CONSTRUCTION AND INSTALLATION OF IMPROVEMENTS TO THE PUBLIC GOLF COURSE OF THE CITY OF MC CALL, OF VALLEY COUNTY, IDAHO; CALLING A SPECIAL ELECTION FOR THE SUBMISSION TO THE QUALIFIED ELECTORS OPINE CITY TEM QUESTION OF THE ISSUANCE OF RHYME BONDS IN THE AMOUNT OF NOT TO EXCEED 5450,000 TO PAY THE COST THEREOF; ESTABLISHING THE DATE, TIME, AND PLACE OP SAID ELECTION; PROVIDING FOR PUBLIC NOTICE OF SAID ELECTION; AND PROVIDING FOR OTHER MATTERS MATING THERETO A summary of the princil provisions of Ordinance No. 545, of the City of McCall, Valley County, Idaho, adopted on April 13, 1989, is u follows: Section 1: Defines the public golf course capital improvement project, estimates the tool cost at 5450,000, and provides for issuance of revenue bands, subject to approval of the qualified eleaon of the City, in an amount net to exceed 5450,000 to pay the cost of the Project Provides for the special municipal bond election to be held within the City an Tuesday, lune 6, 1989, for the purpose of enabling the qualified electors of the City to vote upon the proposition of issuing revenue bonds. Section 3• Provides that the polls •1 said election shall open at 8:00 o'clock A.M. w June 6, 1989, and shall remain open until 8:00 o'clock P.M., and provides for the polling place for said special bond election. Section 4' Provides that the ballot title shall be substantially a follows: SHALL THE CITY OF MC CALL ISSUE AND SELL. ITS REVENUE BONDS IN THE PRINCIPAL AMOUNT OP NOT MORE THAN $450,000 TO PAY THE COSTS OF IMPROVEMENTS TO THBCLTYS PUBLIC GOLF COURSE, SAID BONDS TO MATURE OVER A PERIOD WHICH MAY BE LESS THAN BUT WHICH SHALL NOT EiXC IED TWENTY (20) YEARS AND TO BE PAYABLE SOLELY FROM THE REVENUES OF THB PUBLIC GOLF COURSE ALL AS MORE FULLY PROVIDED IN ORDINANCE NO. 545, ADOPTED ON APRIL 13, 1989? Section 5• Provides for payment of elution, expenses. Sau4GG..0; Defines qualified electors u persons eighteen (18) years of age or older who are registered qualified electors of the Cityy � � .y'u{{ep,-I: Provides for registration of voters. Srninn 8: Provides for preparation of sample ballou and publication of sample ballot. Section 9: Provide. for publication of Notice of Special Bond Election. Section 10: Provides for canvas. of voter.. Section 11• Provides for Debt Disclosure Statement pursuant to Idaho Code b 34-440. Section 12: Provides for the issuance of revenue bonds maturing over a period of not to exceed twenty (20) years, and provides for other mitten relating to the revenue bonds. Section 13• Authorizes the officers of the City to take appropriate actions to effectuate the provisions of this Ordinance. Srrtion 14. Ratifies previous actions. Srrtion 15' Provides for publication of a summary of the Ordinance. The full text of Ordinance No. 545 is available at City Hall and will be provided to any citizen upon personal request during normal office hours. DATED this 13th day of April, 1989 CITY OF MC CALL, Valley CountyIdaho. John Allen, Mayor. ATTEST: A. Schmidt, Cuy Clerk CERTIFICATION OF CITY ATTORNEY I, the undersigned City Anomey for and legal advisor to the City of McCall, Valley County, Idaho, hereby certify that I have read the attached summary of Ordinance No. 545 of the City of McCall and that the same is we and complete and provides adequate notice to the public of the em111011 of said Ordinance. Dated this 13th day of April, 1989. Robert H. Remaltlus, City Attorney 114/19 STATE OF IDAHO ) COUNTY OF VALLEY) CERTIFICATE OF RECORDING OFFICER ss 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 -VC is a true and correct copy of an ordinance passed at a regular meeting of the Council of McCall City held on /3 , 19 , and duly recorded in my office; and ✓ 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 an1 affixed the ffclseal of the Cit of McCall, Idaho, this //V-- day of , 19 8 Arthur J. S midt, City Clerk (Seal of the City)