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HomeMy Public PortalAboutOrd. 635 - Water Bond ElectionORDINANCE NO. 635 AN ORDINANCE PROVIDING FOR THE CONSTRUCTION AND INSTALLATION 'OF IMPROVEMENTS TO THE DOMESTIC WATER SYSTEM 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 $9,991,000 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, the City owns and operates a domestic water distribution system and collects rates, fees, and charges for the use of said system; and WHEREAS, it has been determined by the City Council of the City (the "Council") to be necessary and essential to the health, safety, comfort, and welfare of the inhabitants of the City to install, construct, and acquire improvements and betterments to the domestic water system within the City; and WHEREAS, the Council has determined to finance a portion of 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 a majority 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 and essential to the public interest, health, safety, and welfare that the City acquire and construct certain Page 1 capital improvements and betterments to the City's domestic water system (the "Project"), consisting generally of water system improvements and repairs, including, but not limited to, construction of a new water treatment plant, water intake renovation, and installation of a golf course sprinkler system, together with associated piping and related improvements, and costs incidental thereto, including reasonable reserves and the payment of interest on the bonds issued to finance the cost of said improvements during one year of the period to be covered by the acquisition and construction of the improvements. B. The cost and expense of the acquisition, construction, and installation of the Project, as estimated by the engineers of the City, is approximately $9,991,000, 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 reasonable reserves and payment of interest on such bonds during one year of 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 provi- sions of the Revenue Bond Act, being Idaho Code Sections 50-1027 to 50-1042, inclusive, in the amount of $9,991,000, 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, August 31, 1993, 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 conjunction with the special election being conducted by the City on said date relating to the issue of whether the City should adopt the city manager form of government; however, the ballot proposition set forth hereinafter, to be voted upon at said special bond election, shall be separate from any other measure being voted upon at said special election, and said special bond election shall in all respects be deemed to be separate from and independent of any other election. Only those qualified electors casting valid ballots upon the proposition set forth hereinafter shall be counted in determining the number of qualified electors voting at or participating in the special bond election. Page 2 Section 3: ADMINISTRATION OF ELECTION The polls of said election shall open at the hour of 8:00 o'clock A.M. on August 31, 1993, 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, the polling place for which shall be: 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 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. Section 4: BALLOT The ballot question for said special election shall be in substantially the following form: CITY OF MCCALL Valley County, Idaho SPECIAL BOND ELECTION AUGUST 31, 1993 SHALL THE CITY OF MCCALL BE AUTHORIZED TO ISSUE AND SELL ITS REVENUE BONDS IN THE PRINCIPAL AMOUNT OF $9,991,000 TO PAY THE COSTS OF IMPROVEMENTS TO THE CITY'S DOMESTIC WATER SYSTEM, SAID BONDS TO MATURE OVER A PERIOD WHICH MAY BE LESS THAN BUT WHICH SHALL NOT EXCEED THIRTY (30) YEARS AND TO BE PAYABLE SOLELY FROM THE REVENUES OF THE DOMESTIC WATER SYSTEM, ALL AS MORE FULLY PROVIDED IN ORDINANCE NO. 635, ADOPTED ON JUNE 24, 1993? IN FAVOR OF ssuing revenue bonds for the purposes provided by Ordinance No. 635 . . . . [ ] AGAINST the issuance of revenue bonds for the purposes provided by Ordinance No. 635 . . . . [ ] Page 3 Code: INSTRUCTIONS TO VOTERS: To vote on the foregoing proposition, please make a (X) or other mark in the space to the right of the words "IN FAVOR OF issuing revenue bonds for the purposes provided by Ordinance No. 635" or "AGAINST the issuance of revenue bonds for the purposes provided by Ordinance No. 635" according to•the way you desire to vote on the question. If you, by mistake or accident, mark, tear, deface, or otherwise mutilate this ballot, please return it to the election Judge and obtain another ballot. The following information is required by Section 34-440, Idaho The interest rate anticipated on the proposed bonds is percent ( %) per annum. The range of anticipated rates is from five percent (5.0%) to ten percent (10.0%). The total existing indebtedness of the City is $1,371,777. 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 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 A11 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 Citylof McCall or Valley County election in the past four years, shall be required to re -register. Persons may register at the following places: City Clerk's Office, McCall City Hall 216 Park Street, McCall, Idaho Page 4 Valley County Clerk's Office, Valley County Courthouse, Cascade, Idaho Persons may register at the office of the City Clerk or at the office of the Clerk of Valley County on any business day during office hours until and including August 20, 1993. Persons may also register with the registrar of the precinct in which he or she resides until August 13, 1993. 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 Idaho Code § 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 Idaho Star -News, of McCall, Idaho, the official newspaper of the City, once a week on the same day of the week for two.(2) succes- sive 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 of the City Council, at City Hall, McCall, Idaho, for the purpose of canvassing the results of the Page 5 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 § 34-440, as amended, shall be prepared by the City Treasurer. Section 12: REVENUE BONDS If, at said election, a majority 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 thirty (30) 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 (gross revenues minus normal expenses of maintenance and operation) of the domestic water supply and distribution system of the City, 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 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 domestic water system 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 actions 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 Page 6 of a special municipal 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 24th day of June, 1993. CITY OF MCCALL Valley County, Idaho Mayor ATTEST: ( S E A L ) Page 7 CITY OF MCCALL Valley County, Idaho NOTICE OF SPECIAL BOND ELECTION NOTICE IS HEREBY GIVEN that pursuant to Ordinance No. 635, adopted on June 24, 1993, of the City of McCall, of Valley County, Idaho, a Special Bond Election will be held in said City on TUESDAY, AUGUST 31, 1993 between the hours of 8:00 o'clock A.M. and 8:00 o'clock P.M., for the purpose of voting upon the question and proposition of issuing revenue bonds in the principal amount of $9, 991, 000 for the purpose of providing funds . to pay the cost of construction and installation . of improvements and betterments to the City's domestic water system, including, but not limited to, construction of a new water treatment plant, water intake renovation, and installation of a golf course sprinkler system, together with associated piping and related improvements, and costs incidental thereto, including reasonable reserves and the payment of interest on the bonds issued to finance the cost of said improvements during one year of the period to be covered by the acquisition and construction of the improvements, pursuant to the provisions of said Ordinance. The question to be submitted to the electors shall be by ballot reading substantially as follows: CITY OF MCCALL Valley County, Idaho SPECIAL BOND ELECTION AUGUST 31, 1993 SHALL THE CITY OF MCCALL BE AUTHORIZED TO ISSUE AND SELL ITS REVENUE BONDS IN THE PRINCIPAL AMOUNT OF $9,991,000 TO PAY THE COSTS OF IMPROVEMENTS TO THE CITY'S DOMESTIC WATER SYSTEM, SAID BONDS TO MATURE OVER A PERIOD WHICH MAY BE LESS THAN BUT WHICH SHALL NOT EXCEED THIRTY (30) YEARS AND TO BE PAYABLE SOLELY FROM THE REVENUES OF THE DOMESTIC WATER SYSTEM, ALL AS MORE FULLY PROVIDED IN ORDINANCE NO\. 635, ADOPTED ON JUNE 24, 1993? IN FAVOR OF issuing revenue bonds for the purposes provided by Ordinance No. 635 . [ ] AGAINST the issuance of revenue bonds for the purposes provided by Ordinance No. 635 . . . . [ ] Page 1 - EXHIBIT "A" Code: INSTRUCTIONS TO VOTERS: To vote on the foregoing proposition, please make a (X) or other mark in the space to the right of the words "IN FAVOR OF issuing revenue bonds for the purposes provided by Ordinance No. 635" or "AGAINST the issuance of revenue bonds for the purposes provided by Ordinance No. 635" according to the way you desire to vote on the question. If you, by mistake or accident, mark, tear, deface, or otherwise mutilate this ballot, please return it to the election Judge and obtain another ballot. The following information is required by Section 34-440, Idaho Theinterest rateanticipated on the proposed bonds is percent ( %) per annum. The range of anticipated rates is from five percent (5.0%) to ten percent (10.0%). The total existing indebtedness of the City is $1,371,777. 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 Qualified electors shall vote at the following polling place: McCall City Hall Basement 216 Park Street McCall, Idaho At said special election, only qualified and registered electors, eighteen (18) years of age or older, residing in the State of Idaho, and who are bona fide residents of the City of McCall, and no others, will be permitted to vote at said special election. No person so qualified and offering himself or herself at the polling place at which he or she is entitled to vote will be denied the privilege of voting at said special election. Qualified electors who, because of illness, disability, or expected absence from the City of McCall on the date of election, will be unable to vote at the designated polling place on the day of election, may obtain absentee ballots from the City Clerk of the City of McCall. Persons may register on each business day during regular office hours at the office of the City Clerk, McCall City Hall, 216 Park Street, McCall, Idaho, until August 20, 1993, on which day the office of the City Clerk will remain open for registration until 8:00 P.M. Persons may also register at the office of the Valley Page 2 - EXHIBIT "A" County Clerk, Valley County Courthouse, Cascade, Idaho, until August 20, 1993, or with the registrar of the precinct in which he or she resides until August 13, 1993. 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 or County election in the past four years, shall be required to re -register. If, at said election, the majority of the qualified electors voting upon said ballot question assent to the issuance of said bonds for the purposes set forth in Ordinance No. 635, the revenue bonds of the City of McCall will be issued for said purposes, which bonds, or so much thereof as may be necessary, will mature annually, or at such lesser interval as may be prescribedbythe ordinance authorizing the issuance of the bonds, over a period which may be less than but which shall not exceed thirty (30) years, and will bear interest at such rate or rates as shall be prescribed in the ordinance authorizing the issuance of the bonds. The principal of and interest on said bonds shall be payable solely out of and derived from rates and charges for the use of and the services rendered by, and all other income, earnings, and revenues of, the domestic water system, as shall be prescribed in the ordinance authorizing the issuance of the bonds, of the City of McCall. DATED this 24th day of June, 1993. CITY OF MCCALL Valley Count Mayor ATTEST: City/Clerk Page 3 - EXHIBIT "A" 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. 6 3 S is a true and correct copy of an ordinance passed at a regular meeting of the Council of McCall City held on , 19975, 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 and affixed the official seal of the City of McCall, Idaho, this p7 S2"i' day of GrA,L- , 191.3. Arthur J chmidt, City Clerk (Seal of the City)