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ORD 2001-36 OPEN SPACE $8M BOND LEVYCITY OF BAINBRIDGE ISLAND, WASHINGTON ORDINANCE NO. 2001-36 AN ORDINANCE of the City of Bainbridge Island, Washington, providing for the submission to the voters of the City at a special election to be held therein on November 6, 2001, in conjunction with the State general election to be held on the same date, of a proposition authorizing the City to issue its general obligation bonds in the principal amount of no more than $8,000,000, to pay costs of acquiring or otherwise preserving forested areas, open space, wildlife habitat, farms and agricultural lands and creating new trails and passive parks, the principal of and interest on such bonds to be payable from annual property tax levies to be made in excess of regular property tax levies. WHEREAS, the City of Bainbridge Island, Washington (the "City"), is in urgent need of acquiring and preserving forested areas, open space, wildlife habitat (including without limitation environmentally fragile areas, land along streams and ponds and wetlands) and farms and agricultural lands and creating new trails and passive parks (not including sports facilities and sports fields) (the "Project") and the City does not have sufficient funds available for that purpose to meet the estimated cost of those improvements; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. It is found and declared that an emergency exists requiting the calling of a special election and the Auditor of Kitsap County, Washington, as ex officio Supervisor of Elections (the "Auditor"), is requested to find and declare the existence of an emergency. The Auditor further is requested to call and conduct a special election in the City, in the manner provided by law, to be held therein on November 6, 2001, in conjunction with the State general election to be held on the same date, 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 no more than $8,000,000 (or such lesser maximum amount as may be legally issued under the laws goveming the limitation of indebtedness), the proceeds of which shall be expended to pay costs of acquiring and preserving forested areas, open space, wildlife habitat (including without limitation environmentally fragile areas, land along streams and ponds and wetlands) and farms and agricultural lands and creating new trails and passive parks (not including sports facilities and sports fields) (the "Project"), and whether or not excess property taxes shall be levied to repay such bonds. If such proposition is approved by the requisite number of voters, the City shall be authorized to issue the bonds consistent with this ordinance, to spend the bond funds to pay the costs of the Project, and levy excess property taxes to pay and retire the bonds. The Project may include, and the bond funds may be applied in whole or part toward, any one or more of the 5026928803 follo~ving, without limitation: (a) the acquisition and preservation of land in the City by any lawful means, including, among other things, fee simple purchase by the City, leases to or from the City, facilitation of land donations to the City, bargain sales to the City, land exchanges between the City and third parties, purchases of development rights by the City, purchases or receipt of donated covenants or conservation easements (conservation futures) in favor of or to be held by the City or other qualified entities and partnership, co-ownership or other affiliation with private, governmental or quasi-governmental entities; (b) procurement of private or institutional grants to supplement and be used in the same manner as the bond funds, in which case the bond funds may be used to satisfy any fund matching requirements of such grant makers; (c) the reasonable costs of services related to the Project, including, without limitation, appraisal, engineering, surveying, legal, title and other professional or consulting services, inspections and testing, and administrative expenses relating to bond issuance and the initial acquisition or other protection of included real property, but excluding maintenance costs and expenditures for capital improvement to such property; and (d) reasonable administrative expenses. Nothing herein shall prevent the City from selling or transferring rights in property acquired with proceeds of the bonds while retaining other rights in that property consistent with the purposes of this ordinance. The proceeds of the bonds may be used to pay costs related to the sale, issuance and delivery of the bonds. The funds derived fi.om the sale of the bonds shall be used, either with or without additional funds now available or hereafter available to the City, for capital purposes only, which shall not include the replacement of equipment. The Project shall be acquired insofar as is practicable with the capital funds available and in such order of time and with such specifications as shall be deemed advisable by the City Council, after considering any recommendations of any citizens' advisory commission created for that purpose. At least 93 percent of the total proceeds of the bonds shall be expended for the acquisition of property and property rights consistent with the previous paragraph. Section 2. The bonds authorized may be issued as a single issue, as a part of a combined issue with other authorized bonds, or in more than one series. The bonds shall be fully registered bonds; shall bear interest payable as permitted by law; shall mature within twenty years fi.om the date of issue (the life of the Project being at least twenty years), and may be such lesser time as 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. The City Council declares that to the extent, prior to the date bonds or other short-term obligations are issued to finance the Project, the City shall make capital expenditures for the Project from funds that are not (and are not reasonably expected to be) reserved, allocated on a long-term basis or otherwise set aside by the City under its existing and reasonably foreseeable budgetaW and financial circumstances to finance the Project, those capital expenditures are intended to be -2- 502092g~03 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 3. The ballot title for the proposition to be submitted shall be in substantially the following form: PROPOSITION CITY OF BAINBRIDGE ISLAND OPEN SPACE BONDS - $8,000,000 The City Council of the City of Bainbridge Island passed Ordinance No. 2001-36 concerning a proposition relating to open space and parks. If approved, this ballot proposition would authorize the City to acquire and preserve forested areas, open space, wildlife habitat and farms and agricultural lands and create new trails and passive parks after considering citizen commission recommendations, issue no more than $8,000,000 of general obligation bonds maturing within twenty years, and levy annual excess property taxes to pay and retire such bonds, all as provided in Ordinance No. 2001-36. Should this proposition be: APPROVED ..................................... [] REJECTED ...................................... [] Section 4. The City Clerk of the City is directed (a) to certify to the Auditor a copy of this ordinance showing its passage by the City Council at least 45 days prior to the date of such special election, and (b) to perform such other 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 as herein provided shall be submitted to the voters of the City at the aforesaid special election. PASSED by the City Council and APPROVED by the Mayor of the City of Bainbridge Island, Washington, at a regular open public meeting thereof, this 12th day of September, 2001. -3- ATTEST: MayIor TM ' C(ty Clerk APPROVED AS TO FORM: City Attomey -4- 50269298 03 CERTIFICATION I, the undersigned, City Clerk of the City of Bainbridge Island, Washington (the "City"), hereby certify as follows: 1. The attached copy of Ordinance No. 2001-36 (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 held at the regular meeting place thereof on September 12, 2001, as that ordinance appears on the minute book of the City; and the Ordinance will be in full force and effect five days after the publication of its summary 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 those members present voted in the proper manner for the passage of the Ordinance. IN WITNESS WHEREOF, I have hereunto set my hand this 14th day of September, 2001. CITY OF BAINBRIDGE ISLAND, WASHINGTON ~City Clerk