Ordinance - 2012 - 689 - General Obiligation Bond City Hall - 11/27/2012 ORDINANCE NO. 689
AN ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY, IDAHO, ORDERING A
SPECIAL BOND ELECTION TO BE HELD ON THE QUESTION OF THE ISSUANCE OF
GENERAL OBLIGATION BONDS OF THE CITY IN AN AMOUNT NOT TO EXCEED
$1,200,000 FOR THE PURPOSE OF ACQUIRING THE CITY HALL AND RELATED
IMPROVEMENTS AND COSTS; ESTABLISHING THE DATE, TIME, AND PLACES OF
THE SPECIAL BOND ELECTION; APPROVING A FORM OF BALLOT; PROVIDING FOR
REGISTRATION OF VOTERS; PROVIDING FOR RELATED MATTERS; AND
PROVIDING AN EFFECTIVE DATE
WHEREAS, the City of Eagle, Ada 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 not to exceed $1,200,000 to finance the cost of acquisition
of City Hall, together with related improvements and costs; and
WHEREAS, the proposed indebtedness would exceed the City's income and general
obligation 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 herein below.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE
CITY OF EAGLE, Ada County, 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 general obligation provided to the City for the current fiscal year in an amount not
to exceed $1,200,000 for the purpose of paying the cost of acquisition of City Hall together with
related improvements, professional services and related costs (the "Project").
B. The costs and expenses of the Project are estimated to be $1,200,000, 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 purchase of City Hall is hereby ordered
provided that the City can come to acceptable terms with the owner of the property.
Page 1
D. Subject to the approval thereof by the City Council and 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 an amount not to exceed
$1,200,000,to pay the costs of the Project.
Section 2: SPECIAL ELECTION
A special municipal bond election is hereby called to be held within the City of Eagle on
Tuesday, May 21, 2013, for the purpose of voting upon the proposition set forth in Section 4 of
this Ordinance. The polling place or places for the special bond election shall be determined by
the Ada County Clerk, and the election shall be conducted by the Ada County Clerk. The Ada
County Clerk shall appoint election judges and election clerks for the polling place or places for
the special bond election.
Section 3: ADMINISTRATION OF ELECTION
The polls of the special bond election shall open at the hour of 8:00 o'clock A.M. on May
21, 2013, and shall remain open continuously 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 by Ada County in
accordance with Chapter 4 of Title 50, Idaho Code, Title 34 of Idaho Code, and 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 ballot proposition for the special bond election shall be in substantially the following
form:
CITY OF EAGLE
Ada County, Idaho
SPECIAL BOND ELECTION
MAY 21, 2013
SHALL THE CITY OF EAGLE BE AUTHORIZED TO INCUR AN
INDEBTEDNESS AND ISSUE AND SELL ITS GENERAL OBLIGATION
BONDS IN THE PRINCIPAL AMOUNT NOT TO EXCEED $1,200,000 TO
PAY THE COST OF ACQUISITION OF CITY HALL, TOGETHER WITH
RELATED IMPROVEMENTS AND COSTS, THE BONDS TO MATURE
AND TO BE PAYABLE FROM A LEVY OF TAXES FOR A TERM WHICH
Page 2
MAY BE LESS THAN BUT WHICH SHALL NOT EXCEED FIFTEEN (15)
YEARS, ALL AS MORE FULLY PROVIDED IN ORDINANCE NO. 689,
ADOPTED ON NOVEMBER 27, 2012?
IN FAVOR OF issuing general obligation bonds for the
purposes provided by Ordinance No. 689 . . . . [ ]
AGAINST the issuance of general obligation bonds for the
purposes provided by Ordinance No. 689. . . . . . [ ]
The following information is required by Section 34-439, Idaho Code:
The anticipated interest rate on the proposed bonds is 2.0%per annum. The range
of anticipated rates is from 1.0% to 4.0%per annum. The total proposed principal
amount to be repaid over the 15-year life of the bonds is $1,200,000; the total
interest anticipated to be paid over the life of the bonds, based on the anticipated
interest rate, is $194,932; the total amount to be repaid over the life of the bonds
is $1,394,932. The City has existing indebtedness, payable from a bond levy, of
approximately $1,124,875, including interest accrued to the date of election.
Section 5: QUALIFIED ELECTORS
Every person eighteen (18) years of age or older, who at the time of the specified bond
election is a United States citizen who has been a legal and bona fide resident of the City for at
least thirty (30) days immediately preceding the date of the election, if properly registered as
required by law, shall be qualified to vote at said election.
All electors must be registered before being able to vote at the special bond election. The
Ada County Clerk is the registrar for the City, and voter registration shall be conducted pursuant
to the provisions of Section 34-1402, Idaho Code.
Any person who is eligible to vote may register on election day by appearing in person at
the polling place established for the 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 6: BALLOTS
The Ada County Clerk shall cause the official ballot for the special bond election to be
prepared in a sufficient quantity for the special bond election.
Page 3
Section 7: NOTICE
Notice of the special bond election shall be given by the Ada County Clerk prior to the
election by publishing notice of the election in the official newspaper of the City, the first
publication being at least twelve (12) days prior to the election, the last publication to be not less
than five (5) days prior to the special bond election. In accordance with Section 34-602, Idaho
Code, as amended, the second publication of the notice of election shall be accompanied by a
facsimile of the sample ballot for the special bond election.
Section 8: CANVASS
When the polls are closed, the election officials shall immediately proceed to count the
ballots cast at the special bond election. The counting shall be continued without adjournment
until completed and the result declared. The election judge and clerks shall thereupon certify the
returns of the special bond election to the County Clerk, who shall present the results to the
County Commissioners.
The Board of County Commissioners shall meet within ten (10) days following the
election, or at such time to which said meeting is continued, for the purpose of canvassing the
results of the special bond election. The County Clerk shall thereupon certify the election results
to the City Clerk. The results shall then be entered in the minutes of the City Council and
proclaimed as final.
Section 9: DEBT DISCLOSURE STATEMENT
A brief official statement containing the information required by Idaho Code § 34-439, as
amended, shall be prepared by the City Treasurer.
Section 10: 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, for a term
which may be less than but which shall not exceed fifteen(15)years.
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.
Page 4
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.
Section 11: OFFICERS AUTHORIZED
The officers of the City are hereby authorized and directed to take all action necessary or
appropriate to effectuate the provisions of this Ordinance.
Section 12: RATIFICATION
All action heretofore taken, not inconsistent with the provisions of this Ordinance, by the
Mayor and Council, and the officers of the City, directed toward acquisition of the Project and
the issuance of general obligation bonds of the City therefor, and for the holding of a special
bond election, are hereby ratified, approved, and confirmed.
Section 13: PUBLICATION
This Ordinance, or a summary thereof in compliance with Section 50-901A, Idaho Code,
substantially in the form annexed hereto as Exhibit "A," shall be published once in the official
newspaper of the City, and shall take effect immediately upon its passage, approval, and
publication.
DATED this 27th day of November, 2012.
CITY OF EAGLE
Ada County, Idaho
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EXHIBIT A,
SUMMARY OF
ORDINANCE NO. 689
AN ORDINANCE OF THE CITY OF EAGLE, ADA 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 PRINCIPAL AMOUNT NOT TO
EXCEED $1,200,000 FOR THE PURPOSE OF ACQUIRING THE CITY HALL AND
RELATED IMPROVEMENTS AND COSTS; ESTABLISHING THE DATE, TIME, AND
PLACES 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
A summary of the principal provisions of Ordinance No. 689, of the City of Eagle, Ada
County, Idaho, adopted on November 27, 2012, is as follows:
Section 1: Defines the Project, estimates the total cost at $1,200,000, and provides for
the issuance of general obligation bonds, subject to approval of the qualified electors of the City,
in an amount not to exceed $1,200,000.
Section 2: Provides for a special municipal bond election to be held within the City
on Tuesday, May 21, 2013, for the purpose of enabling the qualified and registered electors of the
City to vote upon the proposition of issuing general obligation bonds.
Section 3: Provides that the polls for the special bond election shall open at 8:00
o'clock A.M. on May 21, 2013, and shall remain open until 8:00 o'clock P.M., and provides for
the polling places for the special bond election.
Section 4: Provides that the ballot proposition shall be substantially as follows:
SHALL THE CITY OF EAGLE BE AUTHORIZED TO INCUR
AN INDEBTEDNESS AND ISSUE AND SELL ITS GENERAL
OBLIGATION BONDS IN THE PRINCIPAL AMOUNT NOT
TO EXCEED $1,200,000 TO PAY THE COST OF
ACQUISITION OF CITY HALL, TOGETHER WITH RELATED
IMPROVEMENTS AND COSTS, THE BONDS TO MATURE
AND TO BE PAYABLE FROM A LEVY OF TAXES FOR A
TERM WHICH MAY BE LESS THAN BUT WHICH SHALL
NOT EXCEED FIFTEEN (15) YEARS, ALL AS MORE FULLY
PROVIDED IN ORDINANCE NO. 689, ADOPTED ON
NOVEMBER 27, 2012?
Section 5: Defines qualified electors as persons who are United States citizens,
eighteen years of age or older, who have been bona fide residents of the City for at least 30 days
immediately prior to the date of election, and who are registered as provided by law.
Section 6: Provides for preparation of official ballots.
Section 7: Provides for publication of notice of the special bond election.
EXHIBIT"A"
Page 1
Section 8: Provides for canvass of votes.
Section 9: Provides for execution of a debt disclosure statement pursuant to Idaho
Code Section 34-439.
Section 10: Provides for the issuance of general obligation bonds maturing not to
exceed a term of fifteen (15) years, and provides for other matters relating to the general
obligation bonds.
Section 11: Authorizes the officers of the City to take appropriate actions to effectuate
the provisions of this Ordinance.
Section 12: Ratifies previous actions.
Section 13: Provides for publication of a summary of the ordinance.
The full text of Ordinance No. 689 is available at City Hall and will be provided to any
citizen upon personal request during normal office hours.
CITY OF EAGLE
Ada County, Idaho
Mayor
ATTEST:
City Clerk
EXHIBIT "A"
Page 2
CERTIFICATION OF ATTORNEY
I, the undersigned attorney at law and City Attorney to the City of Eagle, Idaho, hereby
certify that I have read the attached Summary of Ordinance No. 689 of the City of Eagle and that
the same is true and complete and provides adequate notice to the public of the contents of said
Ordinance.
Dated as of the 27th day of November, 2012.
Attorney at Law
EXHIBIT "A"
Page 3
SUMMARY OF
ORDINANCE NO. 689
AN ORDINANCE OF THE CITY OF EAGLE, ADA 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 PRINCIPAL AMOUNT NOT TO
EXCEED $1,200,000 FOR THE PURPOSE OF ACQUIRING THE CITY HALL AND
RELATED IMPROVEMENTS AND COSTS; ESTABLISHING THE DATE, TIME, AND
PLACES 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
A summary of the principal provisions of Ordinance No. 689, of the City of Eagle, Ada
County, Idaho, adopted on November 27, 2012, is as follows:
Section 1: Defines the Project, estimates the total cost at $1,200,000, and provides for
the issuance of general obligation bonds, subject to approval of the qualified electors of the City,
in an amount not to exceed $1,200,000.
Section 2: Provides for a special municipal bond election to be held within the City
on Tuesday, May 21, 2013, for the purpose of enabling the qualified and registered electors of the
City to vote upon the proposition of issuing general obligation bonds.
Section 3: Provides that the polls for the special bond election shall open at 8:00
o'clock A.M. on May 21, 2013, and shall remain open until 8:00 o'clock P.M., and provides for
the polling places for the special bond election.
Section 4: Provides that the ballot proposition shall be substantially as follows:
SHALL THE CITY OF EAGLE BE AUTHORIZED TO INCUR
AN INDEBTEDNESS AND ISSUE AND SELL ITS GENERAL
OBLIGATION BONDS IN THE PRINCIPAL AMOUNT NOT
TO EXCEED $1,200,000 TO PAY THE COST OF
ACQUISITION OF CITY HALL, TOGETHER WITH RELATED
IMPROVEMENTS AND COSTS, THE BONDS TO MATURE
AND TO BE PAYABLE FROM A LEVY OF TAXES FOR A
TERM WHICH MAY BE LESS THAN BUT WHICH SHALL
NOT EXCEED FIFTEEN (15) YEARS, ALL AS MORE FULLY
PROVIDED IN ORDINANCE NO. 689, ADOPTED ON
NOVEMBER 27, 2012?
Section 5: Defines qualified electors as persons who are United States citizens,
eighteen years of age or older, who have been bona fide residents of the City for at least 30 days
immediately prior to the date of election, and who are registered as provided by law.
Section 6: Provides for preparation of official ballots.
Section 7: Provides for publication of notice of the special bond election.
Section 8: Provides for canvass of votes.
Page 1
Section 9: Provides for execution of a debt disclosure statement pursuant to Idaho
Code Section 34-439.
Section 10: Provides for the issuance of general obligation bonds maturing not to
exceed a term of fifteen (15) years, and provides for other matters relating to the general
obligation bonds.
Section 11: Authorizes the officers of the City to take appropriate actions to effectuate
the provisions of this Ordinance.
Section 12: Ratifies previous actions.
Section 13: Provides for publication of a summary of the ordinance.
The full text of Ordinance No. 689 is available at City Hall and will be provided to any
citizen upon personal request during normal office hours.
CITY OF EAGLE
Ada County, Idaho
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CERTIFICATION OF ATTORNEY
I, the undersigned attorney at law and City Attorney to the City of Eagle, Idaho, hereby
certify that I have read the attached Summary of Ordinance No. 689 of the City of Eagle and that
the same is true and complete and provides adequate notice to the public of the contents of said
Ordinance.
Dated as of the 27th day of November,2012.
Attorney at Law
Page 3
Valley Times
P.O. Box 1790 - Eagle, Idaho 83616
LEGAL ADVERTISING PROOF OF PUBLICATION
Account
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SUMMARY OF
ORDINANCE NO. 689
12-3 '12.
AN ORDINANCE OF THE CITY OF EAGLE, ADA 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 PRINCIPAL AMOUNT
NOT TO EXCEED $ 1, 200,000 FOR THE PURPOSE OF ACQUIRING THE CITY
HALL AND RELATED IMPROVEMENTS AND COSTS; ESTABLISHING THE DATE,
TIME, AND PLACES 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
A summary of the principal provisions of Ordinance No. 689, of the City of Eagle, Ada
County, Idaho, adopted on November 27, 2012, is as follows:
Section 1: Defines the Project, estimates the total cost at $ 1, 200,000, and provides for
the issuan e of general obligation bonds, subject to approval of the qualified electors of
the City, i an amount not to exceed $ 1, 200,000.
Section 2j Provides for a special municipal bond election to be held within the City on
Tuesday, May 21, 2013, for the purpose of enabling the qualified and registered electors
of the City to vote upon the proposition of issuing general obligation bonds.
Section 3: Provides that the polls for the special bond election shall open at 8: 00 o'clock
A.M. on May 21, 2013, and shall remain open until 8: 00 o'clock P.M., and provides for
the polling places for the special bond election.
Section 4: Provides that the ballot proposition shall be substantially as follows:
SHALL THE CITY OF EAGLE BE AUTHORIZED TO INCUR AN INDEBTEDNESS
AND ISSUE AND SELL ITS GENERAL OBLIGATION BONDS IN THE PRINCIPAL
AMOUNT NOT TO EXCEED $ 1, 200,000 TO PAY THE COST OF ACQUISITION OF
CITY HALL, TOGETHER WITH RELATED IMPROVEMENTS AND COSTS, THE
BONDS TO MATURE AND TO BE PAYABLE FROM A LEVY OF TAXES FOR A
TERM WHICH MAYBE LESS THAN BUT WHICH SHALL NOT EXCEED FIFTEEN
( 15) YEARS, ALL AS MORE FULLY
PROVIDED IN ORDINANCE NO. 689, ADOPTED ON NOVEMBER 27, 2012?
Section 5: Defines qualified electors as persons who are United States citizens, eighteen
years of age or older, who have been bona fide residents of the City for at least 30 days
immediately prior to the date of election, and who are registered as provided by law.
Section 6: Provides for preparation of official ballots.
Section 7: Provides for publication of notice of the special bond election.
Section 8: Provides for canvass of votes.
Section 9: Provides for execution of a debt disclosure statement pursuant to Idaho Code
Section 34- 439.
Section 10: Provides for the issuance of general obligation bonds maturing not to oxccod
a term of fifteen (15) years, and provides for other matters relating to the general obligation
bonds.
Section 11: Authorizes the officers of the City to take appropriate actions to effectuate the
provisions of this Ordinance.
Identification:
RECEIVED & FILED --
CITY OF EAGLE
DEL 0 6 2012
File:
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Section 12: Ratifies previous actions.
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112
Section 13: Provides for publication of a
summary of the ordinance. nount
The full text of Ordinance No. 689 is
available at City Hall and will be provided
to any
citizen upon personal request during normal
office hours.
CITY OF EAGLE
Ada County, Idaho
JAMES D. REYNOLDS
MAYOR
ATTEST:
SHARON K. BERGMANN
CITY CLERK/TREASURER
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CERTIFICATION OF ATTORNEY
I, the undersigned attorney at law and City
Attorney to the City of Eagle, Idaho, hereby
certify that I have read the attached
Summary of Ordinance No. 689 of the City
of Eagle and that
the same is true and complete and provides
adequate notice to the public of the contents
of said
Ordinance.
Dated this 27th day of November 2012.
Susan Buxton
Attorney at Law
imarrin GI IIIC, a 'WM.y ._nally appeared
7ason, known or identified to me to be the person
lose name is subscribed to the within instrument,
being by me firs my sworn, declared that the
Is t rgin are true, a d kpowledged to me that
e executed the same.
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bliowing dates:
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