ORDINANCE NO. 2531
AN ORDINANCE OF THE CITY OF ISSAQUAH, WASHINGTON, PROVIDING FOR THE SUBMISSION TO THE VOTERS OF THE CITY AT A SPECIAL ELECTION TO BE HELD THEREIN ON NOVEMBER 4, 2008, IN CONJUNCTION WITH THE STATE GENERAL ELECTION TO BE HELD ON THE SAME DATE, OF A PROPOSITION AUTHORIZING THE CITY TO ISSUE ITS GENERAL OBLIGATION BONDS, FOR THE PURPOSE OF CONSTRUCTING A FIRE STATION, IN THE PRINCIPAL AMOUNT OF NO MORE THAN $4,500,000, PAYABLE BY ANNUAL PROPERTY TAX LEVIES TO BE MADE IN EXCESS OF REGULAR PROPERTY TAX LEVIES, AND TO LEVY THOSE EXCESS PROPERTY TAXES.
WHEREAS, the City Council of the City of Issaquah, Washington (the “City”), has determined that in order to enhance fire and medical aid response, it is in the best interest of the City to undertake the construction of a fire station on property previously acquired from Sound Transit next to the Transit Center for that purpose (the “Fire Station Construction Project” or the “Project”);
WHEREAS, the Council in 2007 authorized schematic design and the development of cost estimates, which estimated that the total cost of the project to be approximately $8,000,000, of which it is anticipated that the City and King County Fire Protection District No. 10 will each contribute approximately $2 million in available funds, and the City does not currently have sufficient funds available for the remaining costs of the Project;
WHEREAS, the City Council wishes to seek voter approval for the issuance and sale of not to exceed $4,500,000 of general obligation bonds of the City to pay the remaining costs of the Project and the costs of issuance of such bonds, to be repaid by an annual excess property tax levy;
WHEREAS, the constitution and laws of the State of Washington provide that the question of whether or not the City may issue such bonds be submitted to the qualified electors of the City for their ratification or rejection at a special election; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF ISSAQUAH, WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Fire Station Construction Project. The City Council finds that in order to enhance fire and medical aid response it is in the best interest of the City to undertake the construction of a fire station located on the previously acquired Sound Transit site. The Fire Station Construction Project shall include all necessary equipment and appurtenances, but shall not include the replacement of equipment. The cost of all necessary architectural, engineering, legal and other consulting services, inspection and testing, administrative expenses, site acquisition or improvement, demolition, on and off-site utilities, related improvements and other costs incurred in connection with the Project shall be deemed a part of the costs of such capital improvements.
The estimated cost of the Fire Station Construction Project, including the costs of issuing and selling the bonds authorized by this ordinance, is declared to be approximately $8,000,000. The economic life of the Project is expected to be at least twenty years.
The City Council may modify the details of the foregoing project where necessary or advisable in the judgment of the City Council.
Section 2. Description of Proposed Bonds. The Bonds may be issued as a single issue, as a part of a combined issue with other authorized bonds, or in more than one series, as deemed advisable by the City Council and as permitted by law. The Bonds shall be fully registered bonds; shall bear interest payable as permitted by law; shall mature within twenty years from the date of issue, or within any shorter period fixed by the City Council; shall be paid by annual property tax levies sufficient in amount to pay both principal and interest when due, which annual property tax levies shall be made in excess of regular property tax levies without limitation as to rate or amount but only in amounts sufficient to meet such payments of principal and interest as they come due; and shall be issued and sold in such manner, at such times and in such amounts as shall be required for the purpose for which such bonds are to be issued. The exact date, form, terms, option of prior redemption, price, interest rate or rates and maturities of the Bonds shall be hereafter fixed by ordinance of the City Council. Pending the issuance of the Bonds, the City may issue short-term obligations pursuant to chapter 39.50 RCW or such other obligations as are permitted by law to pay for the costs of the Projects. Such obligations and their costs may be paid or refunded with proceeds of the Bonds when issued.
Section 2. Proceeds of the Bonds. If available money from the proceeds of the Bonds is more than sufficient to pay the costs of the Project, or if state or local circumstances require any alteration in the Project, the City may acquire, construct, equip and make other capital improvements to the City’s facilities, or retire and/or defease a portion of the Bonds, all as the Council may determine and as permitted by law. If the proceeds of the sale of the Bonds and other available money are insufficient to make all of the capital improvements herein provided for, or if it has become impractical to accomplish the Project or portions of the Project, the City may use the proceeds of the Bonds and other available money for paying the costs of those portions of the Project deemed by the City Council to be most necessary and in the best interest of the City.
Section 3. Calling of Election. The City Council requests that the Director of Records and Elections of King County, Washington (the “Director of Elections”) call and conduct a special election in the City, in the manner provided by law, to be held therein on November 4, 2008, in conjunction with the State general election to be held on the same date, for the purpose of submitting to the voters of the City, for their approval or rejection, the question of whether or not general obligation bonds of the City shall be issued in the principal amount of not more than $4,500,000 (or such lesser maximum amount as may be legally issued under the laws governing the limitation of indebtedness), the proceeds of which shall be expended to pay the costs of the Fire Station Construction Project, and annual excess property taxes shall be levied to pay and retire the Bonds.
If such proposition is approved by the requisite number of voters, the City shall be authorized to issue the Bonds in the manner described in this ordinance, to spend the proceeds thereof to pay the costs of the fire station construction Project, and to levy excess property taxes to pay and retire such bonds. The proceeds of the Bonds shall be used for capital purposes only, which shall not include the replacement of equipment.
Section 4 Ballot Proposition. The City Clerk is authorized and directed to certify, no later than August 12, 2008, to the Director of Elections, as ex officio supervisor of elections in the City, a copy of this ordinance and the proposition to be submitted at that election in the form of ballot title prepared by the City Attorney pursuant to RCW 29A.36.071, as follows:
PROPOSITION
CITY OF ISSAQUAH
FIRE STATION CONSTRUCTION BONDS
The City Council of the City of Issaquah adopted Ordinance No. 2531 concerning a proposition for financing a fire station construction project. If approved, this proposition would authorize the City to issue bonds for the Fire Station Construction Project in order to enhance fire and medical aid response. It would authorize issuance of not more than $4.5 million of general obligation bonds maturing within 20 years or less, and authorize the annual levy of excess property taxes to pay and retire such bonds, all as provided in Ordinance No. 2531. Should this proposition be approved?
YES ................................. |__|
NO...................................|__|
For purposes of receiving notice of any matters related to the ballot title, as provided in RCW 29A.36.080, the City Council hereby designates its bond counsel, Foster Pepper PLLC (Alice Ostdiek, 206-447-4663, ostda@foster.com), as the person to whom such notice shall be provided.
Section 5 General Authorization. The proper City officials are authorized to perform such duties as are necessary or required by law to the end that the question of whether or not bonds shall be issued and excess taxes necessary to pay and retire the bonds be levied, all as provided in this ordinance, shall be submitted to the voters of the City at the November 4, 2008 election.
Section 6 Intent to Reimburse. The City Council declares that to the extent that the City makes capital expenditures for the Project, prior to the date the Bonds or other short-term obligations are issued to finance the Project, from funds that are not (and are not reasonably expected to be) reserved, allocated on a long-term basis or otherwise set aside by the City under its existing and reasonably foreseeable budgetary and financial circumstances to finance the Project, those capital expenditures are intended to be reimbursed out of proceeds of the Bonds or other short-term obligations issued in an amount not to exceed the principal amount of the Bonds provided by this ordinance.
Section 7. Severability. If any provision of this ordinance is declared by any court of competent jurisdiction to be invalid, then such provision shall be null and void and shall be severable from the remaining provisions of this ordinance, and shall in no way affect the validity of the other provisions of this ordinance or of any other ordinance or resolution or of the Bonds.
Section 8. Publication and Effective Date. This ordinance or a summary thereof consisting of the title shall be published in the official newspaper of the City, and shall take effect and be in full force five (5) days after publication.
Section 9. Ratification of Prior Acts. Any action taken consistent with the authority of this ordinance, after its passage but prior to the effective date, is ratified, approved, and confirmed.
Passed by the City Council of the City of Issaquah, Washington, this 4th day of August, 2006.
Approved by the Mayor of the City of Issaquah, Washington this 4th day of August, 2008.
APPROVED:
AVA FRISINGER, Mayor (signed)