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ResolutionsMay 6, 2005 Cowlitz County Attn: Libbey, Elections Supervisor 207 Fourth Avenue North Kelso, WA 98626 Dear Libbey, P.O. Box 9 • Woodland, Washington 98674 Re: Resolution No. 515 — Special Election, May 17, 2005 Vote by Mail ZOOS MAY _c P 3: I b Enclosed is Resolution No. 515 authorizing the May 17, 2005 election as vote -by -mail. I previously faxed a copy and have also sent one to Clark County. If any questions, please contact me at (360) 225 -8281, ext. 14 Sincerely, Mari E. Ripp Clerk- Treasurer Enclosures cc: File ) 4 ) s: Mari/ITratmrutal Letter Cow Co - Audrtor.doc/2005041 230 Davidson Avenue FAX: (360) 225 =7336 Clerk - Treasurer Public Works Building (360) 225 -8281 (360) 225 -7999 (380)225 -7299 100 Davidson Avenue FAX: (360) 225 -1201 Fire Municipal Court Police (380) 225 -7078 (360) 225 -8712 (360) 225 -6965 Clerk-Treasurer (360) 225 -8281 March 30, 2005 Dear Libby, Sincerely, 'D')'l atii Mari E. Ripp Clerk - Treasurer Enclosures cc: 230 Cowlitz County Auditor Attn: Libby Nieland 207 Fourth Avenue North Kelso, WA 98626 s:Mari/ITransndnal Letter Cowlitz County Auditor2005-03 I Davidson Avenue FAX: (360) 225 -7336 Public Works Building (360) 225 -7999 (360) 225 -7299 P.O. Box 9 • Woodland, Washington 98674 Re: Ordinance No. 1038 — Special Election May 17, 2005 Enclosed is a signed original of Ordinance No. 1038, authorized by the City Council on March 21, 2005. This ordinance authorizes a Special Election to be held on May 17, 2005 for the Woodland Public Safety Building. I have also forwarded an original to Clark County. Per our telephone conversation, we understand that Cowlitz County will be administering the election for both counties. It will be entirely as vote -by -mail. I will forward the resolution authorizing the vote -by -mail after it is adopted at the next regular meeting on April 4, 2005. If any questions, please contact me at (360) 225 -8281, ext. 14 Rob VanderZanden, Public Works Director Clark County Auditor File 100 Davidson Avenue FAR: (380) 225 -1201 Fire Municipal Court Police (360) 225 -7076 (360) 225 -8712 (360) 225 -6965 Lr) CITY OF WOODLAND, WASHINGTON ORDINANCE NO. 1038 AN ORDINANCE of the City of Woodland, Washington, providing for the submission to the voters of the City at a special election to be held therein on May 17, 2005, of a proposition authorizing the City to issue its general obligation bonds in the principal amount of no more than $5,650,000, to pay costs of acquiring, constructing and equipping a new public safety building, the p of and interest on such bonds to be payable from annual property tax tries to be made in excess of regular property tax levies; and designating the City Attorney to receive notice of the ballot title from the Auditors of Cowlitz and Clark Counties, Washington. WHEREAS, the City of Woodland, Washington (the "City"), is in urgent need of acquiring, constructing and equipping a public safety building (the "Project ") and the City does not have sufficient funds available for that purpose to meet the estimated cost of those improvements; and WHEREAS, to pay costs of the Project, the City Council hereby deems it necessary and advisable that the City issue and sell its unlimited tax general obligation bonds in the principal amount of no more than $5,650,000 (the "Bonds ") (or such lesser maximum amount as may be legally issued under the laws governing the limitation of indebtedness); and WHEREAS, the City is authorized by Article VII, Section 2(b) of the Washington Constitution, RCW 35.37.050 and RCW 84.52,056 to submit a ballot proposition to the City's voters regarding the question of whether or not the City should issue the Bonds, expend the proceeds thereof to pay costs of the Project, and levy annual excess property taxes to pay and retire the bonds; 50510978 01 I NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WOODLAND, WASHINGTON, DO ORDAIN as follows: Section 1. The Project. The City Council hereby finds and declares that improvements to be paid for with proceeds of the Bonds (the "Project ") is more particularly defined and described as follows: (a) Acquiring, constructing and equipping a public safety building. The estimated cost of the Project, including the cost of issuing and selling the bonds authorized by this ordinance, is declared to be, as nearly as may be estimated, $5,650,000. The economic life of the Project is expected to be at least 20 years. The funds derived from the sale of those 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. In the event that bond proceeds remain after the Project has been completed, those proceeds shall be used to pay debt service on the bonds, or applied to other public safety capital purposes specified by ordinance. Section 2. Calling of Special Election. It is found and declared that an emergency exists requiring the calling of a special election and the Auditors of Cowlitz and Clark Counties, Washington, as ex officio Supervisors of Elections (the "Auditors "), are requested to find and 50510978.01 (b) Paying the costs of design, planning, financial, legal and other services lawfully incurred incident to the Project (including but not limited to all necessary architectural, engineering, legal and other consulting services, inspection and testing, administrative expenses, site acquisition or improvement, demolition, on and off -site utilities, related improvements and other costs incurred in connection with the making of the capital improvements constituting the Project. (c) Paying costs incurred in connection with carrying out and accomplishing the foregoing, including costs related to the sale, issuance and delivery of the Bonds consistent with RCW 39.46.070. -2- declare the existence of an emergency. The Auditors further are requested to call and conduct a special election in the City, in the manner provided by law, to be held therein on May 17, 2005, 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 $5,650,000 (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 whether or not excess property taxes shall be levied to repay such bonds. Section 3. Description of Bonds. 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 as deemed necessary and advisable by the City Council and as permitted by law. The bonds shall be fully registered bonds; shall bear interest payable as permitted by law; shall mature within 20 years from their date of issue or within any shorter period 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 and receipt of their proceeds, the City may issue short-term obligations pursuant to chapter 39.50 RCW or such other obligations as are permitted by law to pay the costs of the Project. Such obligations and their costs may be paid or refunded with proceeds of the bonds. 50510978.01 -3- Section 4. Reimbursement Provision. The City Council declares that to the extent that the City, prior to the date bonds or other obligations are issued to finance the Project, makes 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 budgetary and financial circumstances to finance the Project, those capital expenditures are intended to be reimbursed out of proceeds of the bonds or other obligations issued in an amount not to exceed the principal amount of the bonds provided by this ordinance. Section 5. Ballot Proposition. Pursuant to chapter 29A.36 RCW, the City Attorney is requested to prepare the ballot title and its concise statement in substantially the following form: PROPOSITION 50510978.01 CITY OF WOODLAND PUBLIC SAFETY FACILITY BONDS - $5,650,000 The City Council of the City of Woodland passed Ordinance No. 1038 concerning a proposition relating to a public safety facility. If approved, this ballot proposition would authorize the City to acquire, construct and equip a public safety building, issue no more than $5,650,000 of general obligation bonds maturing within 20 years, and levy annual excess property taxes to pay and retire such bonds, all as provided in Ordinance No. 1038. Should this proposition be: APPROVED ❑ REJECTED ❑ Section 6. Submission to County Auditors. The City Clerk of the City is directed to (a) present a certified copy of this ordinance to the Auditors 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 annual excess taxes -4- 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. Section 7. Notice of Ballot Title. For purposes of receiving notice of the exact language of the ballot title required by RCW 29A.36.080, the City Council hereby designates the City Attorney as the individual to whom the Auditors shall provide such notice. Section 8. Severability. If any provision of this ordinance shall be declared by any court of competent jurisdiction to be invalid, then such provision shall be null and void and shall be separable from the remaining provisions of this ordinance and shall in no way affect the validity of the other provisions of this ordinance or of the bonds authorized herein. Section 9. Effective Date of Ordinance. This ordinance shall take effect and be in force from and after its passage and five days following its publication as required by law. All actions performed pursuant to this ordinance prior to its effective date that are consistent with its terms, are ratified and confirmed. PASSED by the City Council and APPROVED by the Mayor of the City of Woodland, Washington, at a regular open public meeting thereof, this ,21 sr day of rnG , 2005. ATTEST: Mari E. Ripp, pp, Clerk -Tre as APPROVED AS TO FORM: cs Paul Brachvogel, City Attorney 50510978.01 -5- Douglas A. Monge, Mayor I, the undersigned, City Clerk of the City of Woodland, Washington (the "City"), hereby certify as follows: 1. The attached copy of Ordinance No. 1038 (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 March 21, 2005, as that ordinance appears on the minute book of the City; and the Ordinance will be in full force and effect five days following its publication as required by law; 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. 1N WITNESS WHEREOF, I have hereunto set my hand this 2J 1 day of Mal) , 2005. 50510978.01 CERTIFICATION CITY OF WOODLAND, WASHINGTON 'YICAA `F. Mari E. Ripp, Clerk - Treasurer SUMMARY OF ORDINANCE NO. 1038 OF THE CITY OF WOODLAND, WASHINGTON On March 21, 2005 the City Council of the City of Woodland, Washington, approved Ordinance No. 1038 the main point of which may be summarized by its title as follows: AN ORDINANCE of the City of Woodland, Washington, providing for the submission to the voters of the City at a special election to be held therein on May 17, 2005, of a proposition authorizing the City to issue its general obligation bonds in the principal amount of no more than $5,650,000, to pay costs of acquiring, constructing and equipping a new public safety building, 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; and designating the City Attorney to receive notice of the ballot title from the Auditors of Cowlitz and Clark Counties, Washington. The full text of this ordinance will be mailed upon request. APPROVED by the City Council at their meeting of March 21, 2005. Published: March 25, 2005 - The Daily News Effective: March 30, 2005 S:Mari/Ords&ResJOrd Sum 1038(2)getdoc 7110A4' r , Mari E. Ripp, Clerk- Treas r 1M 3 Hai :g:21104/101 4 G WOODLAND CITY OF RESOL 0.00 Cowlitz County 2 5 ...,: A RESOLUTION authorizing and approving that the Cowlitz County and Clark County Auditor to conduct the May 17, 2005 Special Election entirely by vote -by -mail ballot. WHEREAS, by conducting the May 17, 2005 Special Election by mail, it will reduce the cost of conducting the election; and WHEREAS, previous mail ballot elections have increased voter turnout; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Woodland, Cowlitz County and Clark County Washington, that the Special Election to occur on May 17, 2005, be conducted totally by mail ballot. BE IT FURTHR RESOLVED that copies of this resolution be filed with the Cowlitz County and Clark County Auditor. ADOPTED this 4 day of April, 2005. ATTEST: Mari E. Ripp, Clerk/ asurer APPROVED AS TO FORM: Paul Brachvogel, City Attorney RESOLUTION NO. 515 — Page 1 of 1 RESOLUTION NO. 515 CITY OF WOODLAND: Douglas A. Monge, Maydr