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HomeMy WebLinkAbout1977-06-20• ~ ~ - ~ sus ~ Meridian, Idaho June 20, 1977 The City Council of the City of Meridian, Ada County, Idaho, met ir. special public session at the regular meeting place of the Council in the City Hall in the City of Meridian, Idaho, at 7:30 o'clock P .M. on June 20, 1977. following found to be present: Don M. Storey, John R. Navarro, Marvin R. Bodine, Kennett. Rasmussen, Richard Williams, Absent: None The roll was called and the Mayor Councilman Councilman Councilman Councilman There were also present Herald J. Cox, City Clerk, and John 0. Fitzgerald, City Attorney. After the meeting had been duly called to order and the minutes of the preceding meeting read and approved, and the Clerk .`--~ °" presented the call of the special meeting which was ordered recorded in the minutes of the meeting and is as follows: NOTICE OF SPECIAL MEETING OF MERIDIAN CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian, Idaho, will hold a special meeting on Monday, June 20, 1977, beginning at 7:30 o'clock p.M, at the regular meeting place of the council in the City Hall in the City of Meridian, Idaho. The purpose of the meeting will be to consider the adoption of an ordinance calling an election to be held in the city on July 5, 1977, upon the issuance of certain Water and Sewer Revenue Refunding Bonds of the city. DATED this 6th day of June, 1977• FOR THE MAYOR AND COUNCIL /s/ Herald J. Cox City Clerk r~ The Clerk then presented a publisher's affidavit with newspaper clipping attached showing the publication in the Valley News Times of the notice of the special meeting, which was ordered recorded in the minutes of the meeting and is as follows: PROOF OF PUBLICATION State of Idaho, County of Ada } ss. I, ~_~_~~ - --- --------~ being first duly swo*n, depose and y, tham over twentyone years of age, and chief clerk of VALLEY NEWS, a weekly newspaper of general circulation, published at Meridian, County of Ada, State of Idaho, and that the annexed notice was published in said paper once each week for _...__~ ____ rnnsecutive s, the first public tion being on n the _1S day of _.-__ _ _ _ _.._... __, 19.l.. _, and the last publication being on ~e ~.~~..... day of .. ...._ _ _.__.__.., 19---1--~. That said notice was published in the newspaper proper and not in a supplement. That said newspaper had been continuously and uninterruptedly published in said county for a period of 78 mnsecutlve weeks prior to the first publication of this notice, and is a newspaper within the meaning oP the d statut s. - Ch' -Cler v Subscribed and sw to before me this ..._~~_ day of ---------------- ----- -- - ---~ 19_2 ~rt-~ -- --- -------~1~---------=- ---- Notary ublic inn and Por Idaho Residence or Postoffice Address l..C~~~-~-~.._._._-~.., Idaho. • The following ordinance was then introduced in written form by John R. Navarro and was read by title. Councilman Marvin R. Bodine moved that the rule requiring the reading of the ordinance three different days be dispensed with and the motion was adopted by the vote of not less than three-fourths of the Council, to-wit: Aye; John R. Navarro ' Councilman Marvin R. Bodine Councilman Kenneth Rasmussen Councilman Richard Williams Councilman Nay: None. The ordinance was thereupon read again by title and was then read in full, after which pursuant to motion made by John R. Navarro and seconded by Marvin R. Bodine, the ordinance was adopted by the following vote: Aye: John R.Navarro , Councilman Marvin R. Bodine , ('ouncilman Kenneth Rasmussen Councilman Richard Williams Councilman Nay: None. The ordinance was thereupon signed by the Mayor in evidence of his approval, was attested by the City Clerk, was ordered recorded, and is as follows: ORDINANCE NUMBER 304 AN ORDINANCE directing subject to the approval of the qualified electors of the City of Meridian, Idaho, that water and sewer revenue refunding bonds of said city in the amount of $2,325,000 be issued; calling an election for the purpose of submitting to the qualified electors of said city the proposition of the issuance of such water and sewer revenue refunding bonds; providing for the issuance of such water and sewer revenue refunding bonds in the event they are voted at such election. -3- WHEREAS it is considered by the Mayor and Council to be necessary and essential to the health and well-being of the inhabitants of the City of Meridian, Idaho, that the city issue and sell an issue of its Water and Sewer Revenue Refunding Bonds for the purpose of paying all costs in connection with the advance refunding of $2,325,000 Water and Sewer Revenue Bonds of the city now outstanding, dated October 1, 1975, and for the payment of all costs incurred in accomplishing such advance refunding, and in order to do so desires to provide for the holding of an election as provided by law; NOW, THEREFORE, Be It Ordained by the Mayor and Council of the City of Meridian, Ada County, Idaho, as follows: Section 1. That it is necessary and desirable that the City of Meridian, Idaho, issue and sell an issue of its Water and Sewer Revenue Refunding Bonds for the purpose of paying all costs in connection with the advance refunding of $2,325,000 Water and Sewer Revenue Bonds of the city now outstanding, dated October 1, 1975, and for the payment of all costs incurred in accomplishing such refunding, and that subJect to the approval thereof by the qualified electors voting at the special bond election for which provision is hereinafter made, the Water and Sewer Revenue Refunding Bonds of the City of Meridian shall be issued, pursuant to the provisions of the Idaho Code in force at the time of the issuance of such Water and Sewer Revenue Refunding Bonds, in the amount of $ 2,325,OOO.OOto pay the principal of and interest on the bonds to be refunded to and including their dates of maturity or principal redemption in accordance with the advance refunding plan to be adopted by the City Council, together with all costs incurred in accomplishing such refunding. -4- Section 2. That a special bond election is hereby called to be held in the City of Meridian on July 5, 1977, for the purpose of submitting to the qualified electors of said city the proposition set forth in the form of ballot appearing in Section 5 hereof. Section 3. That the polls at said election shall open at the hour of 12:00 o'clock noon and remain open continuously until the hour of 8:00 o'clock P.M. and then close. Said election shall be held at the voting place specified in the form of notice of election set out in Section 8 hereof. Section 4. That all persons eighteen (18) years of age or older who at the time of the special bond election are qualified electors of the city, properly registered and possessing the qualifications of residents, shall be qualified to vote at said election. Section 5. That the ballots to be used at said special bond election shall be in substantially the following form: OFFICIAL BALLOT SPECIAL BOND ELECTION CITY OF MERIDIAN, ADA COUNTY, STATE OF IDAHO July 5, 1977 INSTRUCTIONS TO VOTERS: To vote on the following question place a cross x) in the square to the right of the words "In favor of issuing water and sewer revenue refunding bonds for the purposes provided in Ordinance Number 304 " or "Against the issuance of water and sewer revenue refunding bonds for the purposes provided by Ordinance Number 304 ", according to the way you desire to vote on the question. All marks otherwise made are forbidden. All distinguishing marks are forbidden and make the ballot void. If you, by mistake or accident, mark, tear, deface, or otherwise mutilate this ballot, return it to the election ,judges and obtain another ballot. R-1 -5- QUESTION: Shall the City of Meridian, Idaho, issue and sell its water and sewer revenue refunding bonds to the amount of $2,325,000 for the purpose of providing funds with which to pay the principal of and interest on certain Water and Sewer Revenue Bonds of the City dated October 1, 1975 to be refunded, to and including their dates of maturity or principal redemption in accordance with the advance refunding plan to be adopted by the City Council, together with all costs incurred in accomplishing such refunding, as more fully provided in Ordinance Number 304 adopted on June 20, 1977? IN FAVOR OF ISSUING WATER AND SEWER REVENUE REFUNDING BONDS FOR THE PURPOSES PROVIDED BY . ORDINANCE NUMBER 304 AGAINST THE ISSUANCE OF WATER AND SEWER REVENUE REFUNDING BONDS FOR THE PURPOSES PROVIDED BY ORDINANCE NUMBER 304 The City Clerk shall, in accordance with the provisions of Section 50-413, Idaho Code, cause sample ballots to be printed not less than fifteen (15) days before said special bond election, which sample ballots shall be in the same form as the official ballot above set forth, except that such sample ballots shall have printed thereon the words "Sample Ballot", shall be on paper o£ a different color than the official ballots and shall not be numbered. The sample ballots shall be available in the office of the City Clerk to be furnished to such persons applying therefor to the City Clerk. The City Clerk shall cause the form of the sample ballot to be published once a week for two consecutive weeks in the Valley News Times, the official newspaper of the City, the last publication to be on June 29, 1477. Section 6. That notice of said special bond election shall be given by the City Clerk by publication of a notice in substantially the following form in the official newspaper of the City of Meridian, being the Valley News Times, a newspaper -6- published in Meridian, Idaho, and having .general circulation within the City of Meridian, once a week on the same day of two successive weeks, which notice shall be in substantially the following form: NOTICE OF SPECIAL BOND ELECTION Pursuant to the laws of the State of Idaho and Ordinance Number 304 of the City of Meridian, County of Ada, State of Idaho, notice is hereby given that a special bond election will be held in said city on July 5, 1977, beginning at the hour of 12:00 o'clock noon and closing at the hour of 8:00 o'clock P.M. of said day, for the purpose of taking a vote upon the following question, to-wit: QUESTION: Shall the City of Meridian, Idaho, issue and sell its water and sewer revenue refunding bonds to the amount of $2,325,000 for the purpose of providing funds with which to pay the principal of and interest on certain Water and Sewer Revenue Bonds of the City dated October 1, 1975 to be refunded, to and including their dates of maturity or principal redemption in accordance with the advance refunding plan to be adopted by the City Council, together with all costs incurred in accomplishing such refunding, as more fully provided in Ordinance Number 304 adopted on June 20, 1977? Said election shall be held at the following vgting place: VOTING PLACE Meridian Rural Fire Station 716 Meridian Street Meridian, Idaho 83642 Notice is further given that only qualified electors of said city, eighteen (18~ years of age or older, bona fide R-1 -7- residents thereof, and who are registered as provided by law are entitled to vote at said election. No qualified elector who is duly registered as a voter at the last preceding general municipal election shall be required to register so long as he remains, or has remained continuously after such registration, a duly qualified elector of the City of Meridian, but those electors who have failed or neglected heretofore to vote at any general biennial election in said city or who removed from the city and remained away for a period of one year (provided they shall again have resided in the city as required by law) must reregister. Herald J. Cox, City Clerk, is ex officio Registrar of said city. The place of registration is the office of said City Clerk at 728 Meridian Street, in Meridian, Idaho. Persons may register on each day at any time during the office hours of said City Clerk, beginning with the day that the notice of election is given and continuing until and including the Saturday next preceding the election, and on Thursday, Friday and Saturday next preceding the election, persons may register between the hours of 9:00 o'clock A.M. and 5:00 o'clock P.M. and between the hours of 7:00 o'clock P.M. and g:00 o'clock P.M. The voting at said election shall be by ballot. The ballot to be supplied the voters for their use at said election shall be in the form set forth in Ordinance Number 304 . If at said election a majority of the qualified electors voting at such election assent to the issuance of said bonds -8- for the purposes set forth in Ordinance Number 304 , and designated on the aforesaid ballot, the Water and Sewer Revenue Refunding Bonds of the city will be issued for the above described purposes, which bonds, or any issue thereof, will mature annually over a period commencing at the expiration of nine ( 9) years from their date eight and ending twenty-/ (28) years from their date, and will bear interest at a rate or rates not in excess of six & three-fourths per cent ( 6 3 ~) per annum. Prior to the application of the proceeds to be derived from the sale of the Water and Sewer Revenue Refunding Bonds, such proceeds, together with other legally available moneys, may be invested and reinvested as provided by law to provide funds to pay principal, interest and redemption premiums, if any, due in connection with the bonds to be refunded or the Water and Sewer Revenue Refunding Bonds, or both, in accordance with the advance refunding plan to be adopted by the City Council. Principal of and interest on such Water and Sewer Revenue Refunding Bonds shall be payable solely out of and from the income and earnings derived from such investment of the proceeds of sale of said Water and Sewer Revenue Refunding Bonds and from the income, earnings and revenues of the combined municipal water system and sewerage system of the city (.including improvements, betterments and extensions to said combined system hereafter constructed or acquired), all as to be more fully and particularly provided and set forth in an ordinance or ordinances to be hereafter adopted by the Mayor and Council. The Mayor and Council will meet on July 7 1977, at the hour of 7;00 o'clock p.M., at the regular meeting place -9- of the Mayor and Council in the City Aall in the City of Meridian, for the purpose of canvassing the results of the election. Dated at Meridian, Idaho, this 20th day of June, 1977. Herald J. Cox City Clerk Section ~. If at said election a majority of the qualified electors of the city voting thereat assent to the issuance of said bonds, the Water and Sewer Revenue Refunding Bonds of the city shall be issued as hereinabove provided and shall mature and bear interest at not more than the maximum rate or rates set forth in the foregoing notice of election. Prior to the application of the proceeds to be derived from the sale of the Water and Sewer Revenue Refunding Bonds, such proceeds, together with other legally available moneys, m~y be invested and reinvested as provided by law to provide funds to pay principal, interest and redemption premiums, if any, due in connection with the bonds to be refunded or the Water and Sewer Revenue Refunding Bonds, or both, in accordance with the advance refunding plan to be adopted by the City Council. Principal of and interest on such Water and Sewer Revenue Refunding Bonds shall be payable solely out of and from the income and earnings derived from such investment of the proceeds of sale of said Water and Sewer Revenue Refunding Bonds and from the income,' earnings and revenues of the combined municipal water system and sewerage system of the city (.including improvements, betterments and extensions to said combined system hereafter constructed or acquired), all as to be more fully and particularly provided and set forth in an ordinance or ordinances to be hereafter adopted by -10- ~J the Mayor and Council. Such bonds shall not be a debt of the City of Meridian and the city shall not be liable thereon, nor shall they be payable out of any funds other than the income, earnings and revenue above specified. Section 8. That the following persons are hereby appointed to act as ,judge and as clerks of said election: POLLING PLACE Meridian Rural Fire Station ELECTION OFFICIALS Leona Egbert June Pack Judge Clerk Florence Hall Clerk Blanche Chipman Clerk Monta Watts Clerk The City Clerk is directed to notify said appointees of their appointment within five days of the date hereof. Section 9• That the Mayor and Council shall meet on July 7 , 1977, within five (5) days following said election, at the hour of 7:00. o'clock P .M., at the regular meeting place of the Mayor and Council in the City Hall in said city for the purpose of canvassing the results of the election and thereupon the result shall be entered in the minutes of the Clerk and proclaimed as final. Section 10. That all ordinances or parts thereof in conflict herewith are, to the extent of such conflict, hereby -11- x-1 repealed, and that this ordinance shall be published in one issue of the Valley News Times, the official newspaper of said city, and shall take effect and be in full force immediately upon its passage, approval and publication. Adopted and approved June 1977. Attest: Cit Clerk _~ Ma or (Other business not pertinent to the above appears in the minutes of the meeting.) Pursuant to motion made and carried, the meeting adjourned. Attest: City-Clerk Ma -12- • STATE OF IDAHO ) COUNTY OF ADA ) I, Herald J. Cox, do hereby certify that I am the duly qualified and acting Clerk of the City of Meridian, Ada County, Idaho. I further certify that the above and foregoing constitutes a true and correct copy of the minutes of a meeting of the Mayor and Council of said city held on the 20th day of June, 1977, and of an ordinance adopted at said meeting, as said minutes and ordinance are officially of record in my possession. IN WITNESS WHEREOF, I have hereunto subscribed my official signature and impressed hereon the seal of said city, this 20th day of June , 1977. _' _ _ ty Clerk "- [AFFIX SEAL HERE] ~, &1 7E pr ~r7n1) C( _':`!TY OF ADA, ss ~~~~ k B'~ (c: real ~l t :cquost of ~ ~..~-- ~~ fAO~ ~,anY ~.. o'c'ocl~.M. th~~s~ _day of 19 CLARENCE A.P "JJ~IN G, Fcco er Deputy ~/ /-0 ~~ ~ ~~ ~~ ~ ~a ~~ ~ . '~.~~~~ PHH:er 6/8/77 -13-