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2004, 09-14 Full Width Paving - failed A • ELECTIONS DEPARTMENT PAUL BRANDT Aroarri rY � —� re ;- Manager 40 pr ' VICKY M. DALTON, AUDITOR 1033 W. Gardner Ave., Spokane, WA 99260-0025 SPOKANE COUNTY COURT HOUSE (509) 477-2320 • Fax: 477-6607 • TDD: 477-2333 STATE OF WASHINGTON ) } ss. CERTIFICATE County of Spokane } The Spokane County Canvassing Board does hereby certify that the following is a true and correct recapitulation of the results of the Primary Election held on September 14, 2004 in Spokane County, Washington: Proposition No. 1 City of Spokane Valley General Obligation Bonds, 2004- $6,000,000 To pay for certain street improvements, shall the City of Spokane Valley issue and sell not more than $6,000,000 principal amount of general obligation bonds to improve certain streets within the p p 9 g boundaries of the City? Said bonds will be payable, both principal and interest, from annual tax levies in excess of regular property tax levies and mature within a maximum term of six (6) years from the date of issue, as provided in Ordinance No. 04-029, adopted on July 20, 2004. Yes 9,008 48.08% No 9,729 51.92% The total number of votes cast within the City of Spokane Valley, Spokane County at the last General Election held on November 4, 2003 was 15,429. The 40% requirement, 6,172 was met. The 60% requirement of approval was not met. Thereby the measure fails. DATED this 24th day of September 2004 SPOKANE COUNTY CANVASSING BOARD STATE OF WASHINGTON } COUNTY OF SPOKANE }ss I,Vicky M.Dalton,Spokane County Auditor,do C unty uditor hereby certify that the foregoing document is a true and correct copy of the document received / A Lid crac- and flied In my office. In witness whereof,I hereunto spt my hand thip Chair, Boars of ounty Commissioners 1'11 day ofe�lterrlleer ,2( , V Y D L ON,S ne County Auditor r r ,Deputy Deo Prosecuting Attorney ATTEST' �jf r j C / ( 1S�1,C`Iil/ "'1 Pad E. Brandt—Elections Manager it°6°1\ aosi SCITY pane Valle 11707 E,Sprague Ave, • Suite 106 • Spokane Valley,WA 99206 (509)921-1000 • Fax(509) 921-1008 • cityhall @spokanevalley.org July 22, 2004 Vicki Dalton Spokane County Auditor 1116 W. Broadway Ave. Second Floor, Spokane County Courthouse Spokane, WA 99260 Dear Ms. Dalton: Attached is a Certified City of Spokane Valley Ordinance describing a proposition to be placed on the ballot at the September 14, 2004 Special Election. This proposition would authorize the acquisition, construction and installation of capital improvements; the creation of debt; the sale of bonds and an excess property tax capital levy to pay for same. The City of Spokane Valley hereby requests that the Spokane County Auditor, as ex officio Supervisor of Elections, find the existence of an emergency, to deem the same to exist, to call and conduct said Special Election on Tuesday, September 14, 2004, and to submit to the qualified electors of the City this proposition. Please contact me or City Clerk, Chris Bainbridge (688-0177) if you need additional information. Thank you. Very truly yours, ELECTION DEPT 20Q; ILED-RECEIVED Ken Thompson Finance/Administrative Services Director 688-0027 Attachment I, the undersigned, the City Clerk of the City of Spokane Valley, of Spokane County, Washington, hereby certify that the foregoing Ordinance is a full, true and correct copy of an Ordinance duly passed and adopted at a regular meeting of the City Council of said City, duly and regularly held at the regular meeting place thereof on July 20, 2004, of which meeting all members of said Council had due notice, and at which a majority thereof were present; and that at said meeting said Ordinance was adopted by the following vote: AYES, and in favor thereof, Council Members: mayor DeVleming, Deputy Mayor Wilhite, Councilmembers Schimmels, Taylor, Munson, Flanigan, Denenny NOES, Council Members: none ABSENT, Council Members: none ABSTAIN, Council Members: none I further certify that I have carefully compared the same with the original Ordinance on file and of record in my office; that said Ordinance is a full,true and correct copy of the original Ordinance adopted at said meeting; and that said Ordinance has not been amended,modified or rescinded since the date of its adoption, and is now in full force and effect. IN WITNESS WHEREOF, I have set my hand and seal on July 20, 2004. City Clerk b" p O K.`1,,,,.; eox (S.E A L) ii;;rn , .;n -TI ON DEPT ��s klo cn 31,22-23 HlNGTC MN LED-RECEIVED - 6 - K:44 6 1 4 2100 006V7iCOU1C0 N3B3V 7/21/0410:48 AM ORDINANCE NO. 04-029 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SPOKANE VALLEY, OF SPOKANE COUNTY,WASHINGTON, DESCRIBING CERTAIN CAPITAL IMPROVEMENTS TO BE MADE TO CERTAIN STREETS WITHIN THE CITY FOR THE BENEFIT OF THE CITY AND SURROUNDING AREA AND DECLARING THE ESTIMATED COST OF SUCH IMPROVEMENTS; PROVIDING FOR THE ISSUANCE OF NOT TO EXCEED $6,000,000 PRINCIPAL AMOUNT OF GENERAL OBLIGATION BONDS PAYABLE FROM AD VALOREM TAXES LEVIED AGAINST ALL OF THE TAXABLE PROPERTY WITHIN THE CITY; PROVIDING FOR THE SUBMISSION OF THE PROPOSED PLAN AND THE PROPOSITION OF INCURRING SUCH INDEBTEDNESS TO THE QUALIFIED ELECTORS AT A SPECIAL ELECTION TO BE HELD ON TUESDAY, SEPTEMBER 14, 2004; REQUESTING THE AUDITOR OF SPOKANE COUNTY TO DECLARE AN EMERGENCY; AND PROVIDING FOR OTHER MATTERS PROPERLY RELATING THERETO CITY OF SPOKANE VALLEY Spokane County, Washington BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SPOKANE VALLEY, of Spokane County, Washington, as follows: WHEREAS, the City of Spokane Valley, of Spokane County, Washington(hereinafter designated the "City"), is a duly incorporated City operating under and by virtue of the laws of the State of Washington; WHEREAS,the City Council (the "Council") of the City desires to authorize and acquire certain capital improvements to streets, sidewalks, curbs, and gutters for the benefit of the residents of the City; WHEREAS, in order to provide the funds to make such improvements, the Council has deemed it necessary and advisable that the City issue and sell its unlimited tax general obligation bonds in the principal amount of not to exceed $6,000,000; WHEREAS, RCW 35A.40.090 requires that an election be called for the submission of a proposition to the qualified electors within said City for their ratification or rejection prior to incurring said bonded indebtedness; - 1 WHEREAS, the City will notify the Auditor of Spokane County, Washington, in compliance with RCW 29.13, as amended, of its intention to hold a special election on Tuesday, September 14, 2004, to submit the proposition of the issuance of general obligation bonds to the qualified electors of the City for their ratification or rejection; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SPOKANE VALLEY DO ORDAIN as follows: Section 1: The Council hereby determines that the welfare of the residents of the City requires the acquisition, construction and installation of certain capital improvements and betterments to certain of the area's streets and roads, together with all necessary appurtenances and fixtures. These improvements will be made in conjunction with the Spokane County Septic Tank Elimination Program. Section 2: The proposed capital improvements to be acquired, constructed, installed, and paid for with the proceeds of the bonds, are as follows: (a) The acquisition, construction and installation of road improvements, including repaving and installation of curbing, sidewalks, and gutters; and (b) Ancillary costs of engineering and attorney fees, bond costs,incidental costs and costs related to the sale and issuance of the bonds, permits, utilities, accounting costs, and any other expenses or consultant fees incidental thereto. If, in the opinion of the Council,the needs of the City change in a manner that results in a circumstance wherein any portion of the above-referenced capital improvements are not required, the Council retains the right not to construct such capital improvements and to reallocate the money originally contemplated therefor to other street improvements deemed more necessary by the Council. Section 3: The total estimated cost of acquiring, constructing and installing said capital improvements is hereby declared to be approximately $6,000,000.00, which shall be paid in part, if authorized and empowered by the approving vote of the qualified electors of the City, by the issuance and sale of unlimited tax general obligation bonds of the City, in the principal amount not to exceed $6,000,000,the balance of the cost of the project, if any, to be paid with other legally available funds, including Spokane County funds and the City of Spokane Valley Street Capital Funds. The Council is committed to issue bonds only in a plan that will require a tax equal to, or less than$0.21/$1,000 of assessed value of real property located within the boundaries of the City. In the event the City has other legally available funds, or there are bond proceeds remaining after the capital improvements set forth in Section 2 have been completed or duly provided for, the Council retains the right to make additional street capital improvements to the facilities of the City as found necessary by the Council or the City may use the money to pay a portion of the debt service on the Bonds authorized herein. -2 - Section 4: The Bonds provided for in Section 3 hereof shall be sold in such amounts and at such time or times as deemed necessary and advisable by the Council and as permitted by law, shall bear interest at such rate or rates (not to exceed the maximum provided by law at the time such Bonds are sold) and in such manner as the Council shall determine at the time the Bonds are sold, and shall mature within a maximum term of six (6)years from date of issue, in such amounts as shall be determined by the Council, but may mature at an earlier date or dates, as authorized by the Council and as provided by law. Said Bonds shall be unlimited tax general obligations of the City and, unless paid from other sources, both principal and interest thereon shall be payable out of annual tax levies to be made upon all the taxable property within the City without limitation as to rate or amount, with the understandings set forth herein. The exact date, form, terms, and maturities of said Bonds shall be as hereafter fixed by ordinance of the Council. In the event the proceeds of the sale of said Bonds, plus any or all of the moneys above- described, are insufficient to make all of the capital improvements and purchases provided for, the City shall use the available funds for paying the cost of those capital improvements for which Bonds were approved and deemed by the Council to be most necessary and in the best interest of the City by the Council. Section 5: The Council hereby requests that a Special Election be called, conducted and • held within the City on Tuesday, September 14, 2004 for the purpose of submitting to the qualified electors of the City, for their ratification or rejection, the proposal to acquire, construct and install said capital improvements and to incur such indebtedness and issue said Bonds. Section 6: The proposition to be certified to the Spokane County Auditor by the City Clerk shall be in substantially the following form: PROPOSITION NO. CITY OF SPOKANE VALLEY GENERAL OBLIGATION BONDS, 2004 - $6,000,000 TO PAY FOR CERTAIN STREET IMPROVEMENTS, SHALL THE CITY OF SPOKANE VALLEY ISSUE AND SELL NOT MORE THAN $6,000,000 PRINCIPAL AMOUNT OF GENERAL OBLIGATION BONDS TO IMPROVE CERTAIN STREETS WITHIN THE BOUNDARIES OF THE CITY? SAID BONDS WILL BE PAYABLE, BOTH PRINCIPAL AND INTEREST, FROM ANNUAL TAX LEVIES IN EXCESS OF REGULAR PROPERTY TAX LEVIES AND MATURE WITHIN A MAXIMUM TERM OF SIX (6) YEARS FROM DATE OF ISSUE,AS PROVIDED IN ORDINANCE NO. 04-029, ADOPTED ON JULY 20, 2004. INSTRUCTIONS TO VOTERS To vote IN FAVOR OF the foregoing Proposition, mark a cross (X) in the "BONDS, YES" square. To vote AGAINST the foregoing Proposition, mark a cross (X) in the "BONDS,NO" square. BONDS, YES ❑ BONDS, NO ❑ Section 7: Said Election will be held on Tuesday, September 14, 2004. Polls will be open from 7:00 o'clock A.M. and will remain open until 8:00 o'clock P.M., when they will close. Section 8: The location of the polling places shall be as determined by the Spokane County Auditor, as ex officio Supervisor of Elections for the City. Section 9: In the event the above proposition is approved by the qualified electors of the City, there shall be levied and collected annual tax levies in an amount sufficient in each such year during the life of said Bonds, and until the full payment of both principal and interest on said Bonds, as will produce levy proceeds sufficient in amount to fully pay currently maturing installments of principal and interest on said Bonds. Said tax levies will be in excess of the regular annual tax levies permitted by law. Section 10: It is hereby found and declared that an emergency exists, due to a need for certain street improvements for the benefit of the residents of the City, which emergency requires the submission to the qualified electors of the City, for their ratification or rejection at said special election, of the proposition of whether or not the City shall issue said unlimited tax general obligation bonds. The Clerk of the City is hereby authorized and directed to deliver a copy of this Ordinance to the Spokane County Auditor, as ex officio Supervisor of Elections for the City. The Spokane County Auditor, as ex officio Supervisor of Elections, is hereby requested to also find the existence of such emergency, to deem the same to exist, to call and conduct said Special Election on Tuesday, September 14, 2004, and to submit to the qualified electors of the City the proposition as set forth above. Section 11: A Notice of Special Election shall be published at least once, which publication shall take place not more than seven (7) nor less than three (3) days prior to the date of said Special Election. Said publication shall be in a newspaper of general circulation within the City. Section 12: Upon passage and approval of this Ordinance, a summary substantially in the form attached hereto as Exhibit"A" shall be published in the official newspaper of the City and shall take effect and be in full force five (5) days after the date of publication. -4 - ADOPTED by the City Council of the City of Spokane Valley after a first reading on July 13 and upon its second reading on July 20, 2004. CITY OF SPOKANE VALLEY, Spokane County, Washington \ A■AIBIL Mayor ATTEST: -- „„,„„„,„. City Clerk �.`' p� NF , U :• 1HCORPORATED ,: � (S E A L) ▪ µarch 31,2003 . ` � '�a, APPROVED AS TO FORM ���rri -isHjN�Gy4t" / a ,,, ; � r � 4 Michael C. Ormsby, B.nd Conn -1 Preston Gates & Ellis L. P / cp\T.!,;..; � , • �' /1/1/G Too � 4,� • °:NE c' Ot_io =!ECTION DEPT 3 'UU -ILED.RECEIVED -5 - * * * * * * * * * * * * * x * I, the undersigned, the City Clerk of the City of Spokane Valley, of Spokane County, Washington, hereby certify that the foregoing Ordinance is a full, true and correct copy of an Ordinance duly passed and adopted at a regular meeting of the City Council of said City, duly and regularly held at the regular meeting place thereof on July 20, 2004, of which meeting all members of said Council had due notice, and at which a majority thereof were present; and that at said meeting said Ordinance was adopted by the following vote: AYES, and in favor thereof, Council Members: Mayor DeVleming, Deputy Mayor Wilhite, Councilmembers Schimmels, Taylor, Munson, Flanigan, Denenny NOES, Council Members: none ABSENT, Council Members: none ABSTAIN, Council Members: none I further certify that I have carefully compared the same with the original Ordinance on file and of record in my office; that said Ordinance is a full, true and correct copy of the original Ordinance adopted at said meeting; and that said Ordinance has not been amended, modified or rescinded since the date of its adoption, and is now in full force and effect, IN WITNESS WHEREOF, I have set my hand and seal on July 20, 2004, City Clerk (SEAL) , :oapoq� ,9; " S F A L°\MI 0; f;Wf : .7 TION DEPT HS k�,, l:31,; ` iliNGTCIN 2 3 2004 ys,4, • ^' COUNT j��f�r��rf:t+ Y '"� LED-RECEIVED -6 - I TITLE OF ORDINANCE NO. 04-029 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SPOKANE VALLEY, OF SPOKANE COUNTY, WASHINGTON, DESCRIBING CERTAIN CAPITAL IMPROVEMENTS TO BE MADE TO CERTAIN STREETS WITHIN THE CITY FOR THE BENEFIT OF THE CITY AND SURROUNDING AREA AND DECLARING THE ESTIMATED COST OF SUCH IMPROVEMENTS; PROVIDING FOR THE ISSUANCE OF NOT TO EXCEED $6,000,000 PRINCIPAL AMOUNT OF GENERAL OBLIGATION BONDS PAYABLE FROM AD VALOREM TAXES LEVIED AGAINST ALL OF THE TAXABLE PROPERTY WITHIN THE CITY; PROVIDING FOR THE SUBMISSION OF THE PROPOSED PLAN AND THE PROPOSITION OF INCURRING SUCH INDEBTEDNESS TO THE QUALIFIED ELECTORS AT A SPECIAL ELECTION TO BE HELD ON TUESDAY, SEPTEMBER 14, 2004; REQUESTING THE AUDITOR OF SPOKANE COUNTY TO DECLARE AN EMERGENCY; AND PROVIDING FOR OTHER MATTERS PROPERLY RELATING THERETO CITY OF SPOKANE VALLEY Spokane County, Washington A full text of Ordinance No. 04-029 is available at the office of the City Clerk of the City of Spokane Valley and will be provided to any citizen upon personal request during normal business hours. APPROVED this 20th day of July, 2004. CITY OF SPOKANE VALLEY, Spokane County, Washing,on L■CkA 1 „\ Mayor ATTEST: 0 • City Clerk ELECTION DEPT ` • •�� ( SEAL ) : :Q STATE of ED-RECEIVED pt1.- U: 11icoVel -{ ' ��SHHVGTck' +2sct►3 Exhibit"A"—Page 1 Title for Publication fits f��','.. �,: �rrtattttt`r%�1 CERTIFICATION OF BOND COUNSEL I, the undersigned, Bond Counsel for the City of Spokane Valley, Washington, hereby certify that I have read the attached Summary of Ordinance No. 04-029 of the City, and that the same is true and complete and provides adequate notice to the public of the contents of said Ordinance. DATED as of this 20th day of July, 2004. I L� AAL L Michael C. Ormsby • ELECTION DEPT .1ILE_D-RECEIVED sT r p' - 9SN/NGrori Exhibit"A"-Page 2 Title for Publication