HomeMy WebLinkAbout3089 Library Bond Ballot Proposition Ordinance 3089
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CITY OF PORT TOWNSEND,WASHINGTON
ORDINANCE NO. 3089
AN ORDINANCE of the City of Port Townsend, Washington, providing
for the submission to the voters of the City at a special election to be held in
conjunction with the statewide primary election on August 6, 2013, of a
proposition authorizing the City to issue its general obligation bonds for the
renovation and expansion of the Carnegie Library, including providing a match for
a National Endowment for the Humanities challenge grant, in the principal
amount of no more than $3,000,000 payable in whole or in part 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 believes it is in the best interest of the City to seek voter
approval for the issuance and sale of not to exceed$3,000,000 of general obligation bonds of the
City to pay a portion of the costs of a Project to renovate and expand the Carnegie Library
building, including providing the matching portion for a National Endowment for the Humanities
grant for such improvements (collectively, the"Project") located at 1220 Lawrence Street in the
City, and the costs of issuance of such bonds,to be repaid in whole or in part by an annual excess
property tax levy; and
WHEREAS, the City Council states it will not construct the project or sell bonds unless
the City receives commitments of grants and donations in the approximate amount of$1,200,000
or more;
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 PORT TOWNSEND,
WASHINGTON, DOES ORDAIN AS FOLLOWS:
Ordinance 3089
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Section 1. Project. The City Council finds it is in the best interest of the City to seek
voter approval for the issuance and sale of not to exceed $3,000,000 of general obligation bonds of
the City to pay a portion of the costs of a Project to renovate and expand the Carnegie Library
building (collectively, the "Project") located at 1220 Lawrence Street in the City, including
providing the matching portion for a National Endowment for the Humanities grant for such
improvements.
The Project shall include all necessary equipment, supplies, and appurtenances. 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.
A Project description, referred to as the Preferred Alternative, shall be on file with the
City Clerk and shall be made available to the public. The estimated remaining cost of the
Preferred Alternative, including the costs of issuing and selling the bonds authorized by this
ordinance, is declared to be approximately$4,200,000, not including furniture, fixtures and
equipment,which the City expects to be paid with proceeds of the Bonds, grant funds from the
National Endowment for the Humanities, and other grants and donations.
The City Council may modify the details of the Project where necessary or advisable in
the judgment of the City Council so long as the Project is substantially consistent with or greater
than the Preferred Alternative.
Any Bond proceeds remaining after the Project is completed shall be used to repay the
Bonds.
Ordinance 3089
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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 20 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 Project. Such obligations and their
costs may be paid or refunded with proceeds of the Bonds when issued.
Section 3. 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 modify the details of the Project so long as the Project is
substantially consistent with the Preferred Alternative, or retire and/or defease a portion of the
Bonds, all as the City Council may determine and as permitted by law. If a contract for the
Project is not awarded by March 31, 2015, then the City's authority to issue any additional
Bonds for the Project terminates. This date would be approximately one year from the bid
opening(following an estimated 6 months from the August ballot for preparation of design and
Ordinance 3089
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contract preparation and bidding the project), and provides time in case the project needs to be
re-bid and/or the design modified. (As provided in the Ordinance, any design modification must
be substantially similar to the preferred alternative.) If the City has issued Bonds, and no
contract for the Project is awarded by that date, then the City will use any Bond proceeds
remaining after paying off Project and bond expenses incurred since the ballot measure to
defease a portion of the Bonds, all as the City Council may detennine and as permitted by law.
Section 4. Calling of Election. The City Council requests that the Auditor of
Jefferson County, Washington (the "Auditor") call and conduct a special election in the City, in
the manner provided by law, to be held therein on August 6, 2013, in conjunction with the State
primary election, 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 $3,000,000 (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 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 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.
Section 5. Ballot Proposition. The City Clerk is authorized and directed to certify, no
later than May 10, 2013 to the Auditor, 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:
Ordinance 3089
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PROPOSITION
CITY OF PORT TOWNSEND
LIBRARY IMPROVEMENT BONDS
The City Council of the City of Port Townsend adopted Ordinance
No. 3089 concerning financing the renovation and expansion of the
historic Carnegie Library. If approved, this proposition would
authorize the issuance of not more than $3,000,000 of general
obligation bonds maturing within 20 years, and the annual levy of
excess property taxes to pay and retire such bonds, for the
renovation and expansion of the library, including a match for a
National Endowment for Humanities challenge grant, all as
provided in Ordinance No. 3089. The bonds shall not be sold until
the City has contractual commitments for an additional $1,200,000
from other sources. 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 City Attorney(John Watts, 360-379-5048,
jwatts a,cityofpt.us) and its bond counsel, Foster Pepper PLLC (Nancy Neraas, 206-447-6277,
neran e,foster.coim and Alice Ostdiek, 206-447-4663, ostda @foster.com), as the person to whom
such notice shall be provided. The City Attorney is authorized to make changes to the ballot title
to meet legal requirements so long as the intent is not modified.
Section 6. 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 August 6, 2013 state
primary election.
Section 7. 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
Ordinance 3089
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expected to be) reserved, allocated on a long-tenn 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 8. 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 9. 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 days after publication.
Section 10. 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.
Ordinance 3089
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PASSED by the City Council and APPROVED by the Mayor of the City of Port
Townsend, Washington, at an open public meeting thereof, this 6th day of May 2013.
CITY QF PORT TOWNSEND, WASHINGTON
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Ordinance 3089
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CERTIFICATION
1, the undersigned, City Clerk of the City of Port Townsend, Washington (the "City"),
hereby certify as follows:
1. The attached copy of Ordinance No.3�0P_' (the "Ordinance") is a full, true and
correct copy of an ordinance duly passed at a regular meeting of the City Council of the City of
Port Townsend held at the regular place thereof on May 6, 2013, as that ordinance appears on the
minute book of the City; and the Ordinance will be in full force and effect five days after
publication in the City's official newspaper; and
2. A quorum of the members of the City Council was present throughout the
meeting and a majority of the members voted in the proper manner for the passage of the
Ordinance.
IN WITNESS WHEREOF, I have hereunto set my hand this 1 day of ' F LA
2013.
CITY OF PORT TOWNSEND, WASHINGTON
r°r
.r. ., a '; `g ?.. Via.e
City Clerk
Ordavince 3089
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cirry or PORTTOWNSFND,WASEIINGTON MAY —8 201'3
JOROVS001 coutIly
ORD IN ANCE NO.3089 AuqJ
AN ORDINANCE of the city of Port Townsend, Washington,providing
for the submission tca tile voters of tile City at a special election to be held ill
conjunction with the statewide primary election oil August 6, 2013, of a
proposition aUth0riZing the City to issue its general obligation bonds for the
renovation and expansion oftbe Carnegie Library, including providing a match for
a National Endowment for the Htinlanitics challenge grant, in the principal
amount of lio njore than S3,000,000 payable in whole or in part by annual
property tax levies to be made in excess of regular property tax levies,and to levy
t,ho,,je excess property taxes
WHERF"AS,tile City Council believes it is in the best interest of the City to seek voter
approval for the issuance and sale of not to exceed$3,000,000 of general obligation bonds of the
City to pity as portion of the costs of as Project to renovate and expand the Carnegie Library
buitoling,including providing the matching portion for a National Endowment for the Hurnartities
grant for such iniprovements(collectively,the"Project")located at 12,20 Lawrence Street in the
City,and the Costs Of iSSWITIC0 Of Such bonds,to be repaid in whole or in part by an annual excess
property tax levy;and
W EREAS,tile City(,'ouncil states,it will riot construct the project or sell bonds unless
tile City receives commitments of'grants and donations ill the approximate amount of$1,200,000
Or Illore;
W1lFRl`.AS,the constitution and laws of the State Of Washington provide that the
olt,icstion of whether or not the City may issue such bonds be submitted to the qualified clectors
of the City for their ratification or rejection at a special election;
NOW,THEREFOREJ HE CITY COUNCIL OF THE CITY OF PORT-rOWNSEND,
WASHINGTON, DOES ORDAIN AS FOL1,OWS: