HomeMy WebLinkAboutORD 2307BILL NO. 46
ORDINANCE NO. 2307
AN ORDINANCE OF THE CITY OF CALDWELL, CANYON COUNTY, IDAHO,
ORDERING A SPECIAL BOND ELECTION TO BE HELD ON THE QUESTION OF
THE ISSUANCE OF GENERAL OBLIGATION BONDS OF THE CITY IN THE
AMOUNT OF $5,695,000 TO PROVIDE FUNDS FOR THE PURPOSE OF
FINANCING THE COSTS OF ACQUIRING A SITE AND CONSTRUCTING A POLICE
STATION AND PUBLIC SAFETY FACILITY, AND RELATED COSTS;
ESTABLISHING THE DATE, TIME, AND PLACE OF THE SPECIAL BOND
ELECTION; APPROVING A FORM OF BALLOT AND A FORM OF NOTICE OF
ELECTION; PROVIDING FOR PUBLICATION OF NOTICE OF ELECTION;
PROVIDING FOR REGISTRATION OF VOTERS; PROVIDING FOR RELATED
MATTERS; AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the City of Caldwell, Canyon County, Idaho (the
"City ") is a municipal corporation duly organized and operating
under the laws of the state of Idaho; and
WHEREAS, the Mayor and City Council (the "Council ") of the
City have determined that the interests of the City and the
public interest and necessity require the incurring of an
indebtedness of the City in the amount of $5,695,000 to finance
the cost of acquisition of a site and construction of a new
police station and public safety facility, and demolition of the
City's existing police facility, together with costs incident
thereto; and
WHEREAS, the proposed indebtedness would exceed the City's
income and revenue provided for the current fiscal year, and the
Council has determined that the necessary funds should be raised
through the issuance and sale of general obligation bonds of the
City, subject to the approval of two - thirds (2/3) of the
qualified electors voting at the election called for that purpose
as provided hereinbelow.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF
THE CITY OF CALDWELL, IDAHO, as follows:
Section 1 : THE PROJECT
A. The Mayor and Council hereby find, determine, and
declare that the interest of the City and the public interest
and necessity require the incurring of an indebtedness exceeding
the income and revenue provided to the City for the current
fiscal year in the amount of $5,695,000 for the purpose of
paying the costs of acquiring and improving a site, constructing
a new police station and public safety facility, and demolition
of and site improvements to the City's existing police facility,
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including necessary professional services and related costs (the
"Project ").
B. The cost and expenses of the acquisition, construction,
and installation of the Project are estimated to be $5,695,000,
including the payment of all preliminary expenses incurred and
incident to the Project and properly incident to the issuance of
the bonds as such expenses are set forth in Idaho Code Sections
50 -1019 through 50- 1026A, all of which shall be payable from the
proceeds of the sale of general obligation bonds of the City as
provided herein.
C. Subject to the following subparagraph, the acquisition,
construction, and installation of the Project as described above
are hereby ordered.
D. Subject to the approval thereof by the qualified
electors voting at the election for which provision is
hereinafter made, general obligation bonds of the City shall be
issued pursuant to the provisions of Idaho Code Sections 50 -1019
through 50- 1026A, inclusive, and Title 57, Chapters 2 and 9,
Idaho Code, in the amount of $5,695,000, to pay the costs of the
Project.
Section 2 : SPECIAL BOND ELECTION
A special bond election is hereby called to be held within
the City of Caldwell on Tuesday, February 1, 2000, for the
purpose of voting upon the proposition set forth in Section 4 of
this Ordinance. The polling places for the special bond election
shall be as follows:
Canyon Hill Church of Nazarene
903 North Michigan Avenue
Caldwell, Idaho
New Canyon County Election Building
1102 Chicago (Corner of 11th and Chicago)
Caldwell, Idaho
Woodrow Wilson Elementary School
400 East Linden Street
Caldwell, Idaho
Seventh -Day Adventist Community Service Center
2216 East Linden Street
Caldwell, Idaho
Caldwell Public Library
1010 Dearborn
Caldwell, Idaho
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The Council shall appoint an election judge and election clerks
for each polling place for the special bond election. The
election officials shall be qualified City electors. The City
Clerk shall notify the election officials of their appointment
within five (5) days following their appointment. If any
election official fails to report for duty on the date of
election, the City Clerk shall fill such vacancies from among the
qualified electors presenting themselves to vote.
Section 3 : ADMINISTRATION OF ELECTION
The polls of the special bond election shall open at the
hour of 12:00 o'clock Noon on February 1, 2000, and shall remain
open continuously on said day until the hour of 8:00 o'clock
P.M., at which time the polls shall be closed. The
administration of the election shall be conducted in accordance
with Chapter 4 of Title 50, Idaho Code, as amended, except as
provided by Section 50 -1026, Idaho Code, and in accordance with
this Ordinance.
The ballot proposition to be voted upon at the special bond
election, as set forth in Section 4 of this Ordinance, shall be
separate from any other proposition being voted upon at or in
conjunction with any other election being held and conducted on
the same date. Only those qualified electors of the City casting
valid ballots upon the proposition set forth in Section 4 of this
Ordinance shall be counted in determining the number of qualified
electors voting at or participating in the special bond election.
Section 4 : BALLOT PROPOSITION
The proposition to be presented to the qualified electors of
the city shall be in substantially the following form:
CITY OF CALDWELL
Canyon County, Idaho
SPECIAL BOND ELECTION
February 1, 2000
INSTRUCTIONS TO VOTERS: In order to vote IN FAVOR of
the proposed bond issue, please punch the ballot card
in the hole to the right of the words "IN FAVOR OF
issuing bonds to the amount of $5,695,000 for the
purposes stated in Ordinance No. 2307." In order to
vote AGAINST the proposed bond issue, please punch the
ballot card in the hole to the right of the words
"AGAINST issuing bonds to the amount of $5,695,000 for
the purposes stated in Ordinance No. 2307." If you, by
mistake or accident, mark, deface, mutilate, or
otherwise spoil this ballot, please return it to an
election official and obtain another ballot.
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SHALL THE CITY OF CALDWELL BE AUTHORIZED TO
INCUR AN INDEBTEDNESS AND ISSUE AND SELL ITS
GENERAL OBLIGATION BONDS IN THE PRINCIPAL
AMOUNT OF $5,695,000 TO PAY THE COST OF
ACQUISITION AND IMPROVEMENT OF A SITE AND
CONSTRUCTION OF A NEW POLICE STATION AND
PUBLIC SAFETY FACILITY, DEMOLITION OF THE
EXISTING POLICE AND PUBLIC SAFETY FACILITY,
AND COSTS INCIDENTAL THERETO, THE BONDS TO
MATURE AND TO BE PAYABLE FROM A LEVY OF TAXES
OVER A TERM OF TWENTY (20) YEARS, ALL AS MORE
FULLY PROVIDED IN ORDINANCE NO. 2307, ADOPTED
ON DECEMBER 6, 1999?
IN FAVOR OF issuing bonds to the amount of $5,695,000
for the purposes stated in Ordinance No. 2307........... [ ]
AGAINST issuing bonds to the amount of $5,695,000 for
the purposes stated in Ordinance No. 2307 ............... [ ]
The following information is required by Section
34 -440, Idaho Code:
The interest rate anticipated on the proposed
bonds is 5.40% per annum. The range of
anticipated rates is from four percent (4.0 %)
to nine percent (9.0t) per annum. The
existing indebtedness of the City is
$11,649,646. The total amount to be repaid
over the life of the proposed bonds,
principal and interest, based on the
anticipated interest rate, is estimated to be
$9,426,593.
Section 5 : ELECTION EXPENSES
The City Clerk is hereby authorized and directed to procure
a sufficient number of ballots and such other supplies and to
incur such expenses as shall be appropriate and necessary for the
proper conduct of the special bond election.
Section 6 : QUALIFIED ELECTORS
Every male or female citizen of the United States, eighteen
(18) years old or older, who has been a bona fide resident of the
City for at least thirty (30) days immediately prior to the date
of election, if registered as provided by law, shall be qualified
to vote at the special bond election.
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Section 7 : REGISTRATION
All electors must be registered to vote at the special bond
election. The Canyon County Clerk is the registrar for the City,
and voter registration shall be conducted pursuant to the
provisions of Section 34 -1402, Idaho Code.
No qualified elector who was duly registered as a voter, and
who continues to reside at the same address or within the same
precinct in which he or she is registered, and has voted in at
least one primary or general election in the past four years,
shall be required to re- register.
Persons may register at the office of the Canyon County
Clerk as Registrar, at the Canyon County Courthouse, 1115 Albany,
Caldwell, Idaho, during office hours, until January 7, 2000.
Persons may also register during normal office hours at the
office of the Caldwell City Clerk, as Deputy Registrar, at City
Hall, Caldwell, Idaho, until January 7, 2000. Any elector who
will complete his or her residence requirement or obtain the
requisite voting age during the period when the register of
electors is closed, may register prior to the closing of the
register.
Any person who is eligible to vote may register on election
day by appearing in person at the polling place established for
the special bond election, by completing a registration card,
making an oath on the form prescribed by law, and providing proof
of residence in the manner provided by Section 34 -408A, Idaho
Code, as amended.
Section 8 : SAMPLE BALLOTS
The City Clerk shall cause the ballots for the special bond
election to be prepared and cause to be printed sample ballots
containing the question to be submitted, which sample ballots
shall be in the same form as the official ballots to be used,
except they shall have printed thereon the words "Sample Ballot,"
shall be on paper of a different color than the official ballots,
and shall not be numbered. The City Clerk shall furnish copies
of the same on application at her office to anyone applying
therefor. The sample ballot shall be published at least twice in
the official newspaper of the City, the last publication to be
within five (5) days of the special election or on the last
available publication date prior to the election.
Section 9 : NOTICE
Notice of the special bond election shall be given prior to
said election date by publishing notice of the election in a
newspaper having general circulation within the City, once each
week on the same day of each week for five (5) successive weeks,
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prior to the date of the special bond election, which notice
shall be in substantially the form of Notice of Election which is
annexed hereto as Exhibit " A " and by reference made a part
hereof.
Section 10 : CANVASS
The Mayor and Council shall meet within six (6) days
following the special bond election, or at such time to which
said meeting is continued, at the regular meeting place of the
Council at the Caldwell City Hall, Caldwell, Idaho, for the
purpose of canvassing the results of the election. Thereupon,
the results shall be entered in the minutes of the Council and
proclaimed as final.
Section 11 : DEBT DISCLOSURE STATEMENT
A brief official statement containing the information
required by Idaho Code Section 34 -440, as amended, shall be
prepared by the City Treasurer.
Section 12 : GENERAL OBLIGATION BONDS
If, at the special bond election, two - thirds (2/3) of the
qualified electors of the City voting therein vote in favor of
the issuance of the bonds for the purposes set forth herein and
designated on the aforesaid ballot, fully registered general
obligation bonds of the City shall be authorized, issued, sold,
and delivered. The full faith and credit of the City will be
pledged for the payment of the principal of and interest on the
bonds. The bonds will be paid from annual taxes levied upon all
taxable property within the City in sufficient amount to
constitute a sinking fund for the payment of the principal
thereof, together with the interest on the bonds as it falls due,
within a term of twenty (20) years from the date of the bonds.
The officers now or hereafter charged by law with the duty
of levying taxes for the payment of the bonds and interest
thereon shall, in the manner provided by law, make annual levies
upon all taxable property within the City sufficient to meet the
annual payments of bond principal and interest accruing and
maturing as hereinabove provided.
All bonds shall be issued in the form and manner, and shall
be registered, disposed of, and redeemed, in accordance with the
provisions of Sections 50 -1019 through 50- 1026A, Idaho Code, and
Title 57, Chapters 2 and 9, Idaho Code.
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CITY OF CALDWELL
Canyon County, Idaho
NOTICE OF SPECIAL BOND ELECTION
NOTICE IS HEREBY GIVEN that pursuant to Ordinance No. 2307,
adopted on December 6, 1999, of the City of Caldwell, Canyon
County, Idaho, a Special Bond Election will be held in said City
on
TUESDAY, FEBRUARY 1, 2000
between the hours of 12:00 o'clock Noon and 8:00 o'clock P.M.,
for the purpose of voting upon the question and proposition of
issuing general obligation bonds for the purposes of financing
the costs of acquisition and improvement of a site and
construction of a new police station and public safety facility,
demolition of and site improvements to the existing City police
facility, and related costs (the "Project ").
The estimated cost of the Project is $5,695,000, all of
which will be paid from the proceeds of the proposed bond issue.
The question to be submitted to the electors shall be by
ballot reading substantially as follows:
SHALL THE CITY OF CALDWELL BE AUTHORIZED TO
INCUR AN INDEBTEDNESS AND ISSUE AND SELL ITS
GENERAL OBLIGATION BONDS IN THE PRINCIPAL
AMOUNT OF $5,695,000 TO PAY THE COST OF
ACQUISITION AND IMPROVEMENT OF A SITE AND
CONSTRUCTION OF A NEW POLICE STATION AND
PUBLIC SAFETY FACILITY, DEMOLITION OF THE
EXISTING POLICE AND PUBLIC SAFETY FACILITY,
AND COSTS INCIDENTAL THERETO, THE BONDS TO
MATURE AND TO BE PAYABLE FROM A LEVY OF TAXES
OVER A TERM OF TWENTY (20) YEARS, ALL AS MORE
FULLY PROVIDED IN ORDINANCE NO. 2307, ADOPTED
ON DECEMBER 6, 1999?
The following information is required by Section 34 -440,
Idaho Code:
The interest rate anticipated on the proposed bonds is
5.401 per annum. The range of anticipated rates is from
four percent (4.0 %) to nine percent (9.04x) per annum.
The existing indebtedness of the City is $11,649,646.
The total amount to be repaid over the life of the
proposed bonds, principal and interest, based on the
anticipated interest rate, is estimated to be
$9,426,593.
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The ballot proposition for the special bond election will be
separate from any other measure being voted upon at any election
being held and conducted on the same date. only those qualified
electors casting valid ballots upon the proposition set forth
above will be counted in determining the number of qualified
electors voting at or participating in the special bond election.
Registered voters may vote at any one of the five polling
places designated below:
Canyon Hill Church of Nazarene
903 North Michigan Avenue
Caldwell, Idaho
New Canyon County Election Building
1102 Chicago (Corner of 11th and Chicago)
Caldwell, Idaho
Woodrow Wilson Elementary School
400 East Linden Street
Caldwell, Idaho
Seventh -Day Adventist Community Service Center
2216 East Linden Street
Caldwell, Idaho
Caldwell Public Library
1010 Dearborn
Caldwell, Idaho
Every male or female citizen of the United States, eighteen
(18) years old or older, who has been a bona fide resident of the
City for at least thirty (30) days immediately prior to the date
of election, if registered as provided by law, shall be qualified
to vote at the special bond election.
Qualified electors who, because of illness or expected
absence from the City of Caldwell on the date of election, will
be unable to vote at the polling place at which he or she is
entitled to vote on the day of election, may obtain absentee
ballots from the City Clerk of the City of Caldwell.
The Canyon County Clerk is Registrar of the City of
Caldwell, and the place of registration is the Canyon County
Courthouse, 1115 Albany, Caldwell, Idaho. Persons may register
on each business day at any time during office hours continuing
to January 7, 2000. Persons may also register at the office of
the Caldwell City Clerk as Deputy Registrar until January 7,
2000.
Any person who is eligible to vote may register on election
day by appearing in person at the polling place established for
Page 2 - EXHIBIT "A"
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