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
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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.
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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
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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
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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
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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 )
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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)