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,
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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
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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
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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
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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
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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)