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HomeMy WebLinkAbout5281 ORDINANCE NO. 5281 AN ORDINANCE of the City Council of the City of Bremerton, Washington, providing for the form of the ballot proposition and specifying certain other details concerning submission to the qualified voters of the City at an election to be held therein on November 3, 2015, of a proposition for the issuance of its general obligation bonds in the aggregate principal amount of not to exceed $4,500,000, for the purpose of providing funds to purchase fire apparatus and fire and life safety equipment and remodel fire facilities of the City. WHEREAS, the City Council of the City of Bremerton, Washington(the "City"), finds it in the best interests of the City to acquire two fire engines and one ladder truck with related equipment and various pieces of firefighting equipment and remodel fire sta.tion#2 and #3; and WHEREAS, in order to provide all or part of the funds necessary to accomplish such projects, the City Council finds it necessary, proper and advisable that the City incur indebtedness, issue no more than$4.5 million of unlimited tax general obligation bonds maturing ' within 11 years to pay the costs of such acquisition, and levy annual excess property taxes to pay and retire such bonds; and WHEREAS, by law the proposition of whether the City may incur such indebtedness and issue such bonds for such purposes must be submitted to the registered voters of the City for their ratification or rejection; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION 1. Findin�s. The findings set forth above are adopted and incorporated herein as if set forth in full. SECTION 2. Capital Improvements. The City shall purchase two fire engines and one ladder truck with related equipment and various pieces of firefighting equipment and remodel fire station#2 and#3 of the City (collectively, the "Projects"). The cost of all necessary planning,project management, engineering, and other consulting services, inspection and testing, administrative expenses, related improvements and other costs incurred in connection with the making of the foregoing capital improvements shall be deemed a part of the costs of the Projects. Such improvements shall include all necessary equipment and appurtenances, including computers and other technology equipment. I 1 If available funds are sufficient from the proceeds of bonds authorized for the above purposes, and state or local circumstances require, the City may also undertake additional capital improvements, incIuding fire and safety equipment, all as the City Council may determine. The City shall determine the application of available moneys as between the various Projects set forth above so as to accomplish,as nearly as may be, a11 of the Projects described or provided for in this section. The City shall determine the exact extent and specifications for purchases or other improvements. If the City Council shall determine that it has become impractical to accomplish any of such Projects or portions thereof by reason of state or local circumstances, including changed conditions, incompatible development or costs substantially in excess of those estimated,the City shall not be required to accomplish such Projects and may apply the Bond proceeds or any portion thereof to other portions of the Projects,to other capital improvements, or to payment of principal of or interest on the Bonds, as the City Council may determine. In the event that the proceeds of sale of the Bonds,plus any other moneys of the City legally available, are insufficient to accomplish all of the Projects provided by this section,the City shall use the available funds for paying the cost of those Projects for which the Bonds were approved deemed by the City Council most necessary and in the best interest of the City. SECTION 3. Authorization of Bonds. For the purpose of providing all or a part of the funds necessary to pay the cost of the Projects,together with incidenta.l costs and costs related to the sale and issuance of the Bonds, the City shall issue and sell its unlimited tax general obligation bonds in the principal amount of not to exceed $4,500,000. The balance of the cost of the Projects shall be paid out of any money which the City now has or may later have on hand which are legally available for such purposes. Bond proceeds shall be used for the purchase of fire apparatus and fire and life safety equipment and remodel of fire facilities of the City. None of the Bond proceeds shall be used for the replacement of equipment or for any other than a capital purpose. Such Bonds shall be issued in an amount not exceeding the amount approved by the qualified voters of the City as required by the Constitution and laws of the State of Washington or exceeding the amount permitted by the Constitution and laws of the State of Washington. SECTION 4. Details of Bonds. The Bonds provided for in Section 3 hereof shall be sold in such amounts and at such time or times as deemed necessary and advisable by this City Councii and as permitted by law, may be issued in one or more series, shall bear interest at a rate or rates not to exceed the maximum rate permitted by law at the time the Bonds are sold, and sha11 mature in such amounts and at such times within a maximum term of 11 years from date of issue, but may mature at an eazlier date or dates, as authorized by this City Council and as provided by law. Said Bonds shall be general obligations of the City and, unless paid from other sources, both principal thereof and interest thereon (including original issue discount)shall be payable out of annual tax levies to be made upon all the taxable property within the City without limita.tion as to rate or amount and in excess of any constitutional or statutory tax limitations. The terms of the Bonds shall be as hereafter fixed by ordinance of the City Council. After voter 2 approval of the Bond proposition and in anticipation of the issuance of such Bonds,the City may issue short term obligations as authorized and provided by Chapter 39.50 RCW. SECTION S. Election. It is hereby found and declared that the best interests of the City require the submission to the qualified voters of the City of the proposition of whether the City shall issue the Bonds at a special election to be held in conjunction with the general election on November 3, 2015. The Kitsap County Auditor as ex officio supervisor of elections is hereby requested also to call and conduct the special election to be held within the City and to submit to the qualified voters of the City the proposition set forth below. The City Clerk is hereby authorized and directed to certify the proposition to said officials in the following form: THE CITY OF BREMERTON PROPOSITION NO. 1 PUBLIC SAFETY BONDS The City Council of the City of Bremerton, Washington adopted Ordinance No. 5281 concerning financing for public safety. This proposition would authorize the City to purchase fire apparatus and fire and life safety equipment and to remodel fire facilities, to issue $4,500,000 of general obligation bonds maturing within a maximum of 11 years, and to levy excess property taxes annually to repay the Bonds, as provided in Ordinance No. 5281. Should this proposition be approved? YES...................................................................................................❑ NO.....................................................................................................❑ The City Clerk is hereby authorized to deliver a certified copy of this ordinance to the Kitsap County Auditor. 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 (Roger Lubovich, 360-473-2335, roger.lubovich@ci.bremerton.wa.us) and its bond counsel, Foster Pepper PLLC (Nancy Neraas, 206-447-6277, neran@foster.com), as the person to whom such notice shall be provided. SECTION 6. Changes. The City Attorney is authorized to make such minor adjustments to the wording of such proposition as deemed appropriate or as may be recommended by the Kitsap County Auditor and its Supervisor of Elections, as long as the intent of the proposition remains clear and as approved by the City Council. SECTION 7. Intent to Reimburse. The City Council declares that to the extent that the City makes capital expenditures for the Projects, prior to the date the Bonds or other short-term obligations are issued to finance the Projects, from funds that are not(and are not 3 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 Projects, 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. Severabilitv. If any one or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. SECTION 9. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. � PASSED by the City Council the (��` day of �- , 2015 GRE EELER, Council President Approved this l 5�day of Gl•�_ , 2015 PATTY LE , ayor ATTEST: APPROVED AS TO FORM: �� SHANNON CORIN, City Clerk RO ER A. LUBOVICH ey PUBLISHED the ��s� day of �u� , 2015 EFFECTIVE the� day of � G� , 2015 ORDINANCE NO.�'I R:\Legal\Legal\Ordinances�Fire�2015 Public Safety Bond Ordinance.docx 4 AFFIDAVIT OF PUBLICATION Account#342133 AD#610773 STATE OF WASHINGTON COUNTY OF KITSAP I, Teresa Hull, being first duly sworn on oath, deposes and says: That she is now, and at all times embraced in the publication herein mentioned was the principal clerk of the printers and publishers of KITSAP SiJN; that said newspaper has been approved as a legal newspaper by order of the Superior Court of the County of Kitsap, in which County it is published and is now and has been for more than six months prior to the date of the publi- cation hereinafter referred to, published in the English language continually as a daily newspaper in Bremerton, Kitsap County, Washington, a weekly newspaper in Kitsap County, Washington and is now and during all of said time, was printed in an office maintained in the aforesaid place of publication of said newspaper; that the following is a true text of an advertisement as it was published in regular issues (and not in supplement form) of said newspaper on the following date, to wit:And on July 21, 2015 such newspaper was regularly distributed to its subscribers during all of said period. The full amount of the fee charged for the foregoing publication is the sum of$81.51. This amount has not been paid in full. Notary Public State ot Washington TISHA SULLIVAN My Appointment Expires Aug 4,2ot 8 (Signature of Principal Clerk) Subscribed and sworn to before me this day of July 23, 2015. ��-� ORDINANCE N0.5821 AN ORDINANCE of the City Council of the City of Bremerton, Washington, providing for the form of the ballot proposition and specifying certain other details concerning submis- sion to the qualified voters of the City at an election to be held therein on Novem- ber 3, 2015, of a proposition for the issuance of its gen- eral obligation bonds in the aggregate principal amount of not to exceed $4,500,000, forthe purpose of providing funds to purchase fire appa- ratus and fire and life safety equipment and remodel fire facilities of the City. PASSED by the City Council on the 15th day of July,2015. The full text of this ordinance is available from the City Clerk's Office, 345 Sixth Street,Suite 600,Bremerton, WA 98337. JULY 21,2015 AD#610773 - . , •; :