HomeMy WebLinkAbout2869a
CITY OF KENT, WASHINGTON
ORD I NANCE NO. oZ b (o %
AN ORDINANCE of the City of Kent, Washington,
providing for the submission to the voters of the
City at a special election to be held therein on
November 7, 1989, in conjunction with the State
general election to be held on the same date, of a
proposition authorizing the City to incur
indebtedness by issuing its general obligation bonds
in a par amount not to exceed $6,700,000, payable by
annual property tax levies to be made in excess of
regular property tax levies, for the purpose of
paying all or a part of the cost of providing housing
and related facilities for low-income senior citizens
in the City and to levy those excess property taxes.
WHEREAS, there exists a severe shortage of safe, sanitary
and affordable housing and related facilities in the City of
Kent, Washington (the "City"), for low-income senior citizens;
and
WHEREAS, to provide that housing and those related
facilities, it is deemed necessary and advisable that the City
issue its unlimited tax general obligation bonds in the
principal amount of not to exceed $6,700,000; and
WHEREAS, the Constitution and laws of the State of
Washington require that the question of whether or not the City
may issue unlimited tax general obligation bonds for that
purpose must be submitted to the qualified electors of the City
for their ratification or rejection; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DO ORDAIN
as follows:
Section 1. Definitions. As used herein, the following
words shall have the following meanings:
"Bond" or "Bonds" means any or all of the general
obligation bonds of the City issued pursuant to this ordinance,
or any series of those bonds.
"City" means the City of Kent, Washington.
"Housing Law" means RCW 35.21.685, Chapter 35.82 RCW,
Chapter 35.83 RCW, RCW 36.39.060, as now exist or are hereafter
amended, and such other laws as now or hereafter authorize the
City to provide or to participate in the provision of funds for
capital expenditures for housing and related facilities for
Low -Income Senior Citizens.
"Legislative Authority" means the Mayor and City Council of
the City.
"Low -Income" means an income equal to or less than 80% of
the median income of persons in King County, or shall mean such
other income level as shall be set by subsequent ordinance of
the City.
"Project" means that project described in Section 3 of this
ordinance, as it may be amended by subsequent ordinance of the
City.
"Senior Citizens" means persons over the age of 62 years.
Section 2. Findings and Determinations. The City Council
finds that there exists a critical shortage of housing and
related facilities in the City for Low -Income Senior Citizens.
Existing sources of funds to make capital expenditures to
provide that housing and those related facilities, including
funds from the Housing Authority of King County, federal grants
and housing assistance programs, are insufficient to meet fully
the existing and projected need for that housing and those
related facilities.
Financial resources in an amount not exceeding $6,700,000,
to be used by the City, by the Kent Housing Authority (in the
event that it is subsequently empowered by the City to do so),
by the Housing Authority of King County or by any other public
or private developer or owner of housing and related facilities
for Low -Income Senior Citizens, would make it possible to
provide 92 or more additional units of housing and related
facilities to serve Low -Income Senior Citizens within the City.
Based upon the foregoing facts and findings, the City
Council further finds that the public interest requires that the
City provide funds for the capital costs of acquiring and
constructing such housing and related facilities. That
assistance shall be provided in the manner hereinafter set forth
and at the time or times deemed most necessary and advisable by
the Legislative Authority of the City. The City Council further
finds and declares that the expenditure of public funds and the
acquisition of property or property rights necessary for the
design, development, acquisition, construction, rehabilitation
and equipping of housing and related facilities for Low -Income
Senior Citizens pursuant to this ordinance is for a public use
and a public and strictly municipal purpose.
Section 3. Description of Project. The City shall itself
plan, design, acquire land for, develop, construct,
rehabilitate, acquire and equip housing, together with related
facilities, for Low -Income Senior Citizens within the City. In
lieu of undertaking these activities itself, the City may aid
and cooperate with the Kent Housing Authority (in the event that
it is subsequently empowered by the City to do so), the Housing
Authority of King County or any other public or private
developer or owner of housing and related facilities for
Low -Income Senior Citizens, to undertake these activities.
In the latter event, the expenditure of the proceeds of the
Bonds and the development, construction, rehabilitation,
acquisition, equipping and operation of the housing and related
facilities for Low -Income Senior Citizens shall be administered
pursuant to an agreement or agreements entered into pursuant to
the Housing Law to fund as necessary the capital costs of one or
more housing projects for Low -Income Senior Citizens within the
City. The Legislative Authority of the City must approve any
agreement or agreements, if any, by ordinance. If the Project
is undertaken by other than the City, such agreement or
agreements shall contain criteria for projects to be developed,
constructed, acquired, rehabilitated and equipped by the public
or private developer or owner. The agreement or agreements also
shall establish a procedure for City review of proposed projects
- 3 -
in accordance with such criteria and for disbursement of Bond
proceeds by the City Finance Director, and shall contain such
other provisions as the Legislative Authority of the City and
the public or private developer or owner agree are necessary and
appropriate to carry out the purposes of this ordinance.
Section 4. Authorization of Borrowing. The City shall
borrow not to exceed $6,700,000 on the credit of the City and
issue and sell its general obligation bonds in that par amount
for strictly municipal capital purposes, other than the
replacement of equipment, to provide the funds to provide
housing and related facilities for Low -Income Senior Citizens
within the City through the accomplishment of the Project.
Costs of engineering, planning, financial, legal and other
services lawfully incurred incident to the Project shall be
appropriate capital costs to be paid from the proceeds of the
Bonds.
Section 5. Description of Bonds. The Bonds shall 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; shall bear interest payable as
permitted by law; shall mature within twenty years from their
date 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 pay both principal and interest when due;
and shall be issued and sold in the manner, at the times and in
the amounts as shall be required for the Project. The exact
date, form, terms, option of prior redemption, price, interest
rate or rates and maturities of the Bonds shall be fixed
hereafter by ordinance of the City Council. Pending the
issuance of the Bonds and receipt of their proceeds, the City
Council may authorize the issuance of short-term obligations
pursuant to Chapter 39.50 RCW, and the costs of those short-term
— 4 —
obligations shall be included in the cost of the Project for
which the Bonds are issued.
Section 6. Submission to Electors. The City Council finds
that an emergency exists which requires constructing the
facilities comprising the Project, and the Director of Records
and Elections of King County, Washington, is requested to concur
in that finding and to call and conduct a special election to be
held in the City on November 7, 1989, in conjunction with the
State general election to be held on the same date, for the
purpose of submitting to the qualified electors of the City for
their approval the question of whether or not the City shall
borrow not to exceed $6,700,000, issue its general obligation
bonds in that par amount for capital purposes only, other than
replacement of equipment, and levy excess taxes necessary to
redeem the Bonds as herein set forth.
Section 7. Certification to Director of Records and
Elections. The City Clerk is directed to certify to the
Director of Records and Elections of King County, Washington,
at least 45 days prior to the November 7, 1989, special election
date a copy of this ordinance and the proposition to be
submitted at that special election in the form of a ballot title
as follows:
PROPOSITION
LOW-INCOME SENIOR CITIZEN HOUSING BONDS - $6,700,000
Shall the City of Kent, Washington, borrow
$6,700,000 to pay costs of designing, acquiring,
developing, constructing, rehabilitating and
equipping low-income senior citizen housing and
related facilities in the City by selling general
obligation bonds therefor maturing within 20 years
and levy annual excess property taxes necessary to
pay and retire the bonds, as provided in Ordinance
No. ?
BONDS . . YES / / BONDS . . NO / /
�F=
Section 8. Effective Date. This ordinance shall take
effect and be in force thirty (30) days from the time of final
passage.
Mayor Pro Tem
ATTEST:
MARIE JEN City. Clerk
s
APPROVED AS TO FORM:
FOSTER PEPPER & SHEFELMAN
e ial City At or ey
Passed the -=� day of 1989.
Approved the �-`,' day of1989,
Published theme day of 1989•
I certify that this is a true copy of Ordinance No.-� -W.
passed by the City Council of the City of Kent, Washington, and
approved by the Mayor of the City of Kent as hereon indicated.
(SEAL)
MARIE EN, Citty Clerk
4396k