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HomeMy WebLinkAbout3254ORDINANCE NO. 3254 AN ORDINANCE of the City of Port Angeles, Washington, providing for the submission to the qualified electors of the City at an election to be held on November 7, 2006, of a proposition authorizing the City to issue its general obligation bonds in the aggregate principal amount of not to exceed $13,800,000 to finance the acquisition, construction and equipping of a municipal aquatic center. WHEREAS, the best interests of the inhabitants of the City of Port Angeles, Washington (the "City ") require the City to acquire, construct and equip a municipal aquatic center (the "Project "); and WHEREAS, to provide financing for the Project it is deemed necessary and advisable that the City issue and sell its unlimited tax levy general obligation bonds in the principal amount of not to exceed $13,800,000 (the "Bonds "); and WHEREAS, the constitution and laws of the State of Washington provide that the question of whether the City may issue the Bonds be submitted to the qualified electors of the City for their ratification or rejection; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ANGELES, WASHINGTON, DO ORDAIN, as follows: Section 1. Findings. The City Council hereby finds that the best interests of the inhabitants of the City require the City to acquire, construct and equip a municipal aquatic center, at the time and in the manner deemed most necessary and advisable by the City Council. The Project will be located in the vicinity of 3rd, 4th and Francis Streets in Port Angeles adjacent to the existing YMCA building. The Project will include the construction and equipping of competition and lap pools, a diving area, a wave -zero depth entry pool, therapeutic pools, water slides, sauna and steam rooms, recreational water features, retail facilities and meeting rooms. The City Council further finds that the Project constitutes park facilities within the meaning of RCW 39.36.020(4). The cost of the Project is estimated not to exceed $13,800,000. The cost of all necessary design, architectural, engineering, legal, and other consulting services, inspection and testing, administrative and relocation expenses, on- and off -site utilities, purchases of furnishings and equipment, and other costs incurred in connection with the Project shall be deemed a part of the cost of the Project. The City shall determine the specifications for the Project. The City shall determine the application of available funds to accomplish as nearly as may be the entire Project. If proceeds of the Bonds, plus other funds of the City legally available for such purpose, are insufficient to accomplish all of the improvements comprising the Project, the City shall use the available funds, including Bond proceeds, to pay the cost of those improvements deemed by the Council most necessary and in the best interest of the City. If the Council, by ordinance, determines that it has become impractical to accomplish all or a portion of the Project because of changed conditions or needs, incompatible development, or costs substantially in excess of those estimated, the City shall not be required to undertake the Project or such portion of the Project and may apply the Bond proceeds or any portion thereof to other portions of the Project or to payment of principal of or interest on the Bonds. If the Project has been completed or its completion duly provided for, the City may apply any excess Bond proceeds or any portion thereof to payment of the principal of or interest on the Bonds, as the Council, by ordinance and in its discretion, shall determine. Section 2. Authorization of Bonds. To provide financing for the Project, including the payment of costs related to the sale and issuance of the Bonds, the City shall issue and sell the Bonds as general obligation bonds in an aggregate principal amount not to exceed $13,800,000. The Bonds shall be issued in an amount not exceeding the amount approved by the electors of the City and not exceeding the amount permitted by the constitution and laws of the State of Washington. The balance, if any, of the cost of the Project shall be paid out of any other legally available funds of the City. Bond proceeds shall be used for capital purposes and shall not be used for the replacement of equipment. The Bonds shall be issued in such amounts and at such time or times as found necessary and advisable by the City Council and as permitted by law. The Bonds may be issued in one or more series and shall bear interest payable at a rate or rates authorized by the City Council. The Bonds shall mature in such amounts and at such times within a maximum term of 20 years from date of issue, all as authorized by the City Council and as provided by law. The Bonds shall be general obligations of the City and, unless paid from other sources, both principal of and interest on the Bonds shall be payable out of annual tax levies to be made upon all the taxable property within the City without limitation as to rate or amount and in excess of any constitutional or statutory tax limitation. The authority for such excess tax levies shall terminate upon the payment of all principal of and interest on the Bonds or any bonds issued to refinance the Bonds, as provided under Washington law. The exact date, form, terms, options of redemption, maturities, covenants and manner of sale of the Bonds shall be as hereafter fixed by ordinance or ordinances of the City Council. Section 3. Bond Election. It is hereby found and declared that an emergency exists requiring the submission to the qualified electors of the City of a proposition authorizing the City to issue Bonds for the purpose set forth in this ordinance, at an election to be held on November 7, 2006. The City hereby requests the Clallam County Auditor as ex officio supervisor of elections, to find the existence of such emergency and to call and conduct said special election within the City on such date and to submit to the qualified electors of the City the proposition set forth below. The City Clerk is hereby authorized and directed, not less than 45 days prior to such election date, to certify the proposition to the Clallam County Auditor in substantially the following form: Bond Election - Aquatics Center -2 CITY OF PORT ANGELES PROPOSITION NO. MUNICIPAL AQUATIC CENTER GENERAL OBLIGATION BONDS - $13,800,000 The City Council of the City of Port Angeles passed Ordinance # concerning this bond proposition. This proposition authorizes the City to finance the City's acquisition, construction and equipping of a municipal aquatic center by issuing general obligation bonds in the principal amount of not to exceed $13,800,000 maturing within 20 years, and to repay such bonds by levying property taxes annually in excess of regular tax levies on all taxable property within the City, all as provided in Ordinance # . Should this proposition be: APPROVED? REJECTED? Certification of such proposition by the City Clerk to the Clallam County Auditor, in accordance with law, prior to the date of such election, and any other acts consistent with the authority, and prior to the effective date, of this ordinance, are hereby ratified. Section 4. Appropriation and Reimbursement. If the issuance of the Bonds is ratified at the election authorized by this ordinance, the City anticipates that prior to the issuance of the Bonds it may be necessary or desirable to pay certain costs of the Project. Therefore, so much of the total authorization as shall be necessary is hereby appropriated from the City's general fund to carry out the provisions of this ordinance, including paying costs of the Project and costs of issuance of the Bonds. The amounts expended under the appropriation made in this section shall be reimbursed to the general fund from the proceeds of the sale of the Bonds or short-term obligations authorized by this ordinance. The Council hereby declares that this section shall constitute a declaration of the City's intent to reimburse such fund from proceeds of tax- exempt bonds within the meaning of Treasury Regulation § 1.150 -2, as promulgated under the Internal Revenue Code of 1986, as amended. Section 5. Severability. In the event that any one or more of the provisions of this ordinance shall for any reason be held to be invalid, such invalidity shall not affect or invalidate any other provision of this ordinance or the Bonds, but this ordinance and the Bonds shall be construed and enforced as if such invalid provision had not been contained herein; provided, however, that any provision which shall for any reason be held by reason of its extent to be invalid shall be deemed to be in effect to the extent permitted by law. Section 6. Effective Date. This ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum. This ordinance shall become effective five days after its passage and publication in accordance with law. Bond Election - Aquatics Center -3 PASSED by the Council of the City of Port Angeles, Washington, at a regular meeting thereof, held September _5_, 2006. ATTEST: City Clerk Published: September 10, 2006 (By Summary) Bond Election - Aquatics Center -4 CITY OF PORT ANGELES, WASHINGTON By OKI/1" aR,ali/ed/L Mayor CERTIFICATE I, the undersigned, Clerk of the City of Port Angeles, Washington (the "City "), and keeper of the records of the City Council (the "Council "), DO HEREBY CERTIFY: 1. That the attached ordinance is a true and correct copy of Ordinance No. 3254 of the Council (the "Ordinance "), duly passed at a regular meeting thereof held on September 5,2006. 2. That said 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 was given; that a legal quorum was present throughout the meeting and a legally sufficient number of members of the Council voted in the proper manner for the passage of said Ordinance; that all other requirements and proceedings incident to the proper passage of said Ordinance have been duly fulfilled, carried out and otherwise observed; and that I am authorized to execute this certificate. Dated this 7th day of September, 2006. &- City Cle Cit + f Port geles, Washington CITY OF PORT ANGELES OFFICIAL BALLOT GENERAL OBLIGATION BONDS November 7, 2006 INSTRUCTION TO VOTERS: To vote in favor of the following proposition, place a cross (X) in the square opposite the word "APPROVED "; to vote against the following proposition, place a cross (X) in the square opposite the word "REJECTED." CITY OF PORT ANGELES PROPOSITION NO. MUNICIPAL AQUATIC CENTER GENERAL OBLIGATION BONDS - $13,800,000 The City Council of the City of Port Angeles passed Ordinance # concerning this bond proposition. This proposition authorizes the City to finance the City's acquisition, construction and equipping of a municipal aquatic center by issuing general obligation bonds in the principal amount of not to exceed $13,800,000 maturing within 20 years, and to repay such bonds by levying property taxes annually in excess of regular tax levies on all taxable property within the City, all as provided in Ordinance # . Should this proposition be: APPROVED? REJECTED? NOTICE OF SPECIAL ELECTION CITY OF PORT ANGELES GENERAL OBLIGATION BONDS - $13,800,000 November 7, 2006 NOTICE IS HEREBY GIVEN that on Tuesday, November 7, 2006, a special election will be held in the above -named city for the submission to the qualified electors of said city of the following proposition: CITY OF PORT ANGELES PROPOSITION NO. MUNICIPAL AQUATIC CENTER GENERAL OBLIGATION BONDS - $13,800,000 The City Council of the City of Port Angeles passed Ordinance # concerning this bond proposition. This proposition authorizes the City to finance the City's acquisition, construction and equipping of a municipal aquatic center by issuing general obligation bonds in the principal amount of not to exceed $13,800,000 maturing within 20 years, and to repay such bonds by levying property taxes annually in excess of regular tax levies on all taxable property within the City, all as provided in Ordinance # . Should this proposition be: APPROVED? REJECTED? Clallam County Auditor Summaries of Ordinances Adopted by the Port Angeles City Council on September 5, 2006 Ordinance No. 3254 This Ordinance of the City of Port Angeles, Washington, provides for the submission to the qualified electors of the City at an election to be held on November 7, 2006, of a proposition authorizing the City to issue its general obligation bonds in the aggregate principal amount of not to exceed $13,800,000 to finance the acquisition, construction and equipping of a municipal aquatic center. Ordinance No. 3255 This Ordinance of the City of Port Angeles, Washington, amends and clarifies representation of the Medic I Public Utility representative on the Utility Advisory Committee, and amends Ordinance 2489, as amended, and Chapter 2.68, and Ordinance 3215, as amended, and Section 13.73.370 of the Port Angeles Municipal Code. The full texts of the Ordinances are available at City Hall in the City Clerk's office or will be mailed upon request. Office hours are Monday through Friday from 8:00 a.m. to 5:00 p.m. These Ordinances shall take effect five days following the date of publication by summary. Becky J. Upton, CMC City Clerk Publish: September 10, 2006