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.
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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
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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
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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.
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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
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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.
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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
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