HomeMy WebLinkAboutOrd 2509 - Public Safety Bond on November 8 General Election BallotCl*ty of
Washington
Ordinance No. a 60
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, PROVIDING FOR THE SUBMISSION
TO THE VOTERS OF THE CITY AT A SPECIAL ELECTION TO
BE HELD IN CONJUNCTION WITH THE STATEWIDE GENERAL
ELECTION ON NOVEMBER 8, 2016, OF A PROPOSITION
AUTHORIZING THE CITY TO ISSUE ITS GENERAL
OBLIGATION BONDS FOR THE PURPOSE OF PAYING A
PORTION OF THE COST OF THE TUKWILA PUBLIC SAFETY
PLAN, IN A PRINCIPAL AMOUNT NOT TO EXCEED $77,385,000,
PAYABLE BY ANNUAL PROPERTY TAX LEVIES TO BE MADE
IN EXCESS OF REGULAR PROPERTY TAX LEVIES, AND TO
LEVY THOSE EXCESS PROPERTY TAXES, ALL AS MORE
PARTICULARLY SET FORTH HEREIN; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Findings and Determinations. The City Council of the City of Tukwila,
Washington (the "City "), makes the following findings and determinations:
A. The City Council of the City has determined that it is in the best interest of the
City to implement its Public Safety Plan, which includes replacing three seismically -
deficient fire stations that have met their useful life, guaranteeing that the Tukwila Fire
Department has the funding for critical items such as fire trucks and other life /safety
equipment as necessary, and constructing a justice center to hold the Tukwila Police
Department and Municipal Court, to ensure the continuity and improvement of City
services (collectively, the "Project "), and the City does not currently have sufficient funds
available for that purpose.
B. The City Council wishes to seek voter approval for the issuance and sale of
general obligation bonds of the City in a principal amount not to exceed $77,385,000 to
pay a portion of the costs of the Project and the costs of issuance of the bonds, to be
paid by an annual excess property tax levy (the "Bonds ").
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C. The constitution and laws of the State of Washington provide that the question
of whether or not the City may issue the Bonds and levy excess property taxes be
submitted to the qualified electors of the City for their ratification or rejection at a special
election.
Section 2. The Project.
A. The City Council finds that it is in the best interest of the City to carry out the
Project. The Project shall include all necessary equipment and appurtenances, but
shall not include the replacement of equipment. The cost of all necessary architectural,
engineering, legal and other consulting services, inspection and testing, administrative
expenses, new construction and site improvements, demolition, on- and off-site utilities,
related improvements and other costs incurred in connection with the Project shall be
deemed a part of the costs of such capital improvements. The City Council may modify
the details of the Project where necessary or advisable in the judgment of the City
Council, with input from the City's bond financial oversight committee (the "Financial
Oversight Committee").
B. The estimated cost of the Project, including the costs of issuing and selling the
Bonds ordinance, is declared to be at least $77,385,000. The economic life of the
Project is expected to be at least 20 years.
Section 3. Description of Bonds. The Bonds may be issued as a single issue or
as part of a combined issue with other authorized bonds, and in more than one series,
all as deemed advisable by the City Council and as permitted by law. The Bonds shall
be fully registered bonds, bearing interest payable as permitted by law and maturing
within 20 years after the date of issue, or within any shorter period fixed by the City
Council. The Bonds shall be paid by annual property tax levies sufficient in amount to
pay 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 pay such principal and interest when due. The Bonds shall be
issued and sold in such manner, at such times and in such amounts as shall be
required for the purpose for which the Bonds are to be issued. The exact date, form,
terms, options 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
or such other obligations as are permitted by law to pay costs of the Project. Such
obligations and their costs may be paid or refunded with proceeds of the Bonds when
issued.
Section 4. Proceeds of the Bonds. If available money from the proceeds of the
Bonds is more than sufficient to pay the costs of the Project, or if the City Council
determines that state or local circumstances require any alteration in the Project, the
City may acquire, construct, equip and make other capital improvements to the City's
facilities, or retire and/or defease a portion of the Bonds, all as the City Council may
determine and as permitted by law. If the proceeds of the sale of the Bonds and other
available money are insufficient to make all of the capital improvements herein provided
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for, or if it has become impractical to accomplish the Project or any portion of the
Project, the City may use the proceeds of the Bonds and other available money for
paying the costs of that portion of the Project deemed by the City Council to be most
necessary and in the best interest of the City.
Section 5. Financial Oversight Committee.
A. If the ballot proposition submitted by this ordinance is approved by the qualified
voters of Tukwila, a Financial Oversight Committee shall be appointed by the City
Council within six months following approval. The Financial Oversight Committee shall
consist of a minimum of five members comprising two residents, two members from the
business community, and one individual from a non - profit organization located in the
City. The term of appointment for each member of the Financial Oversight Committee
shall be two years. However, in order to have staggered terms, one resident and one
business member of the Financial Oversight Committee will initially be appointed for
three years and thereafter all terms of appointment will be for two years. The Financial
Oversight Committee shall continue in existence for the economic life of the Project.
B. The Financial Oversight Committee shall review the allocation of bond
proceeds and progress on achieving the purposes of this proposition, and shall report at
least semi - annually to the City Council on the same. The annual report shall be filed in
paper and electronic form with the City Clerk. The Financial Oversight Committee may
elect officers and establish rules of procedure. Financial Oversight Committee
members shall serve without compensation and may be removed by the City Council
following absence without cause from two or more meetings. The City Council may
prescribe by ordinance or resolution such other rules relating to the appointment
process and the operation of the Financial Oversight Committee as shall be necessary
or appropriate.
Section 6. Calling of Election.
A. The City Council requests that the Elections Director of King County,
Washington (the "Director "), call and conduct a special election in the City, in the
manner provided by law, to be held therein in conjunction with the statewide general
election on November 8, 2016, 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 a principal amount not to exceed $77,385,000 (or such lesser
maximum amount as may be legally issued under the laws governing the limitation of
indebtedness), the proceeds of which shall be expended to pay costs of the Project and
costs of issuance of the Bonds, and annual excess property taxes shall be levied to pay
principal of and interest on the Bonds when due. The proceeds of the Bonds shall be
used for capital purposes only, which shall not include the replacement of equipment.
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B. If this proposition is approved by the requisite number of voters, the City will be
authorized to issue and sell the Bonds in the manner described in this ordinance, to
spend the proceeds thereof to pay costs of the Project and costs of issuance of the
Bonds, and to levy excess property taxes to principal of and interest on the Bonds when
due.
Section 7. Ballot Proposition.
A. The City Clerk (or his or her designee) is authorized and directed to certify, no
later than 4:30 p.m. on August 2, 2016, to the Director, a copy of this ordinance and the
proposition to be submitted at that election in the form of ballot title prepared by the City
Attorney pursuant to RCW 29A.36.071, as follows:
PROPOSITION NO.
CITY OF TUKWILA, WASHINGTON
PUBLIC SAFETY BONDS
The Tukwila City Council passed Ordinance No. concerning
financing its Public Safety Plan. If approved, this proposition would
replace three fire stations, fund life/safety equipment for the Tukwila Fire
Department, construct a police/court justice center and establish a
financial oversight committee by authorizing issuance of general obligation
bonds not to exceed $77,385,000 (maturing within 20 years), and would
authorize the annual levy of excess property taxes to pay the bonds, all as
provided in Ordinance No. . Should this proposition be approved?
YES.................. ❑
NO................... ❑
B. 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 bond counsel,
Foster Pepper PLLC (Marc Greenough, 206-447-7888, marc.greenough@foster.com),
as the individual to whom such notice shall be provided.
Section 8. General Authorization. The proper City officials are authorized to
perform such duties as are necessary or required by law to the end that the question of
whether or not the Bonds shall be issued, as provided in this ordinance, shall be
submitted to the voters of the City at the November 8, 2016 special election held in
conjunction with the statewide general election.
Section 9. Intent to Reimburse. The City Council declares that to the extent the
City makes capital expenditures for the Project prior to the date the Bonds or other
short-term obligations are issued to finance 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 budgetary and
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financial circumstances to finance the Project, 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 10. Local Voters' Pamphlet Authorized. The preparation and
distribution of a local voters' pamphlet providing information on the foregoing ballot
measure is hereby authorized. The pamphlet shall include an explanatory statement
and arguments advocating approval and disapproval of the ballot measure. The
preparation of the explanatory statement, the appointment of pro /con committees and
the preparation of arguments advocating approval and disapproval of the ballot
measure shall be in accordance with Chapter 29A.32 RCW and the rules and guidelines
of the Director. The arguments advocating approval and disapproval of the ballot shall
be prepared by committees appointed by the City Council. Each committee shall be
composed of not more than three persons, and the committee advocating approval shall
be composed of persons known to favor the ballot title and the committee advocating
disapproval shall be composed of persons known to oppose the ballot title. Pursuant to
the Director's guidelines, the names of the committee members appointed by the City
Council shall be provided to the Director no later than 4:30 p.m. on August 2, 2016, and
the arguments advocating approval and disapproval of the ballot measure shall be
provided to the Director no later than 4:30 p.m. on August 5, 2016. The explanatory
statement shall be prepared by the City Attorney and filed with the Director no later than
4:30 p.m. on August 5, 2016.
Section 11. Corrections by City Clerk or Code Reviser. Upon approval of the
City Attorney, the City Clerk and the code reviser are authorized to make necessary
corrections to this ordinance, including the correction of clerical errors; references to
other local, state or federal laws, codes, rules, or regulations; or ordinance numbering
and section /subsection numbering.
Section 12. Severability. If any provision of this ordinance is declared by any
court of competent jurisdiction to be invalid, then such provision shall be null and void
and shall be severable from the remaining provisions of this ordinance, and shall in no
way affect the validity of the other provisions of this ordinance or of any other ordinance
or resolution or of the Bonds.
Section 13. Effective Date. This ordinance or a summary thereof shall be
published in the official newspaper of the City, and shall take effect and be in full force
five days after passage and publication as provided by law.
Section 14. Ratification of Prior Acts. Any action taken consistent with the
authority of this ordinance, after its passage but prior to the effective date, is ratified,
approved and confirmed.
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PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of �4 , 2016.
ATTEST /AUTH ENTICATED:
q 4
(7) ITLIA
Chris y O'Flahe , MMC, City Clerk
Rachel B. Turpin, City tto ey
Q
Filed with the City Clerk:_
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
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City of Tukwila Public Notice of Ordinance Adoption for Ordinance 2509.
On August 1, 2016 the City Council of the City of Tukwila, Washington, adopted the
following ordinance, the main points of which are summarized by title as follows:
Ordinance 2509: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, PROVIDING FOR THE SUBMISSION TO THE VOTERS OF
THE CITY AT A SPECIAL ELECTION TO BE HELD IN CONJUNCTION WITH THE
STATEWIDE GENERAL ELECTION ON NOVEMBER 8, 2016, OF A PROPOSITION
AUTHORIZING THE CITY TO ISSUE ITS GENERAL OBLIGATION BONDS FOR THE
PURPOSE OF PAYING A PORTION OF THE COST OF THE TUKWILA PUBLIC SAFETY
PLAN, IN A PRINCIPAL AMOUNT NOT TO EXCEED $77,385,000, PAYABLE BY
ANNUAL PROPERTY TAX LEVIES TO BE MADE IN EXCESS OF REGULAR
PROPERTY TAX LEVIES, AND TO LEVY THOSE EXCESS PROPERTY TAXES, ALL AS
MORE PARTICULARLY SET FORTH HEREIN; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
The full text of this ordinance will be provided upon request.
Christy O'Flaherty, MMC, City Clerk
Published Seattle Times: August 4, 2016