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HomeMy WebLinkAbout3089 Library Bond Ballot Proposition Ordinance 3089 Page 1 of 8 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 Page 2 of 8 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 Page 3 of 8 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 Page 4 of 8 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 Page 5 of 8 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 Page 6 of 8 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 Page 7 of 8 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 Page 8 of 8 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 Page I of 8 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: