Special City Council Meeting

City Of Prosser CITY COUNCIL SPECIAL MEETING AGENDA Council Chambers, 1002 Dudley Avenue, Prosser WA 99350 Thursday, July 28, 2022 @ 5:00 PM Per Ordinance No. 22-3175, City Council meetings will be held in- person at location listed above. In addition, individuals may attend the meeting virtually. To join the meeting, please click on the following link from your computer, tablet or smartphone: https://global.gotomeeting.com/join/521570213 You can also dial in using your phone: United States: +1 (872) 240-3412 Access Code: 521-570-213 New to GoToMeeting? Get the app now and be ready when the meeting starts: https://global.gotomeeting.com/install/521570213 The City asks all members of the public that wish to comment on Council agenda items, to please contact City Clerk, Rachel Shaw via email at rshaw@ci.prosser.wa.us or by phone at (509) 786- 8218, no later than 4:00 p.m., the day of the meeting. Please state your first and last name, city of residence and the agenda item you wish to comment on. Page 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. CITIZEN PARTICIPATION 5. MAYOR AND CITY COUNCIL REPORTS AND COMMENTS 6. CITY ADMINISTRATOR REPORTS AND COMMENTS 7. APPROVAL OF AGENDA 8. COUNCIL ACTION a. Consider approval of an Ordinance providing for the submission of a ballot 3 - 18 item to be included on the November 8, 2022 election, authorizing the City to issue general obligation bonds in an amount not to exceed $16.8 million for the acquisition of land, design, construction, renovation and equipping of space for the for the replacement of the City's Police Station and City Hall Project. Ordinance If Council wants to pursue a ballot question for a Bond that would finance th Police Station and City Hall project for this coming November's General The first Ordinance passed will be Ordinance 22-3187 The first Resolution passed will be Resolution 22-1713 Page 1 of 18  Election, the City will need to notify the County Auditor's Office of its intent to do so by the August 2nd deadline. Adopt Ordinance No. 22 - _____providing for the submission a ballot item to be included on the November 8, 2022 election, authorizing the City to issue general obligation bonds in an amount not to exceed $16.8 million for the acquisition of land, design, construction, renovation and equipping of space for the replacement of the City's Police Station and City Hall Project. 9. COUNCIL DISCUSSION 10. ADJOURNMENT The first Ordinance passed will be Ordinance 22-3187 The first Resolution passed will be Resolution 22-1713 Page 2 of 18  CITY OF PROSSER, WASHINGTON AGENDA BILL Agenda Title: M eeting Date: Consider approval of an Ordinance providing July 28, 2022 for the submission of a ballot item to be Special City Council Meeting included on the November 8, 2022 election, authorizing the City to issue general obligation bonds in an amount not to exceed $16.8 million for the acquisition of land, design, construction, renovation and equipping of space for the for the replacement of the City's Police Station and City Hall Project. Item Type: Action Department: Director: Contact Person: Phone Number: Administration Thomas Glover Thomas Glover 509-786-8217 Cost of Proposal: Fund Name and Number: Not to exceed $16.8M Am ount Budgeted: N/A Reviewed by Finance Department: TY 07/27/22 Election costs are estimated at $5,000 - $10,000 Attachments to Agenda Packet Item: 1. Ordinance No. 22-______ (original ballot title - redline changes) 2. Ordinance No. 22 - _____ (updated) Summary Statement: Attached for Council's consideration is a Ordinance that would allow the City to place a ballot item on the November 8, 2022 election. The ballot would ask the residents of Prosser the following question: Proposition 1 Page 3 of 18  Police Station and City Hall Bonds The Prosser City Council adopted Ordinance No. YY, regarding voter approval for financing certain capital improvements. If approved, this proposition would authorize financing to replace the City’s Police Station and City Hall, including land acquisition, design, construction and equipping of public space for community meetings, public safety, utilities, public works, and other City services. It would authorize issuance of not more than $16.8 million of general obligation bonds maturing within 31 years payable by the levy of the annual levy of excess property taxes, all as provided in Ordinance No. YY. Should this proposition be approved? YES.......................................................  NO........................................................  Consistent with Council Goal: Goal #1: Livability & Quality of Life, Goal #5: Operational Excellence & Communication Recommended Action/Suggested Motion: If Council wants to pursue a ballot question for a Bond that would finance th Police Station and City Hall project for this coming November's General Election, the City will need to notify the County Auditor's Office of its intent to do so by the August 2nd deadline. Adopt Ordinance No. 22 - _____providing for the submission a ballot item to be included on the November 8, 2022 election, authorizing the City to issue general obligation bonds in an amount not to exceed $16.8 million for the acquisition of land, design, construction, renovation and equipping of space for the replacement of the City's Police Station and City Hall Project. Reviewed by Department Reviewed by City Attorney: Approved by City Director: Administrator: Thomas Glover Bond Counsel Tom Glover Date: Jul 27, 2022 Date: Jul 27, 2022 Date: Jul 27, 2022 Page 4 of 18  CITY OF PROSSER, WASHINGTON ORDINANCE ____________ AN ORDINANCE of the City of Prosser, Washington, providing for the submission to the voters of the City at a special election to be held therein on November 8, 2022, in conjunction with the State general election to be held on the same date, of a proposition authorizing the City to issue its general obligation bonds, for the purpose of financing replacement of the City’s Police Station and City Hall Project, including acquiring land for, designing, constructing, renovating and equipping space for the City Council and community meetings, public safety functions, and space for other City services, in the principal amount of no more than $16.8 million or such lesser amount as is legally permitted at the time of issuance, payable by annual property tax levies to be made in excess of regular property tax levies, and to levy those excess property taxes. WHEREAS, in May 2021, the City’s City Hall and Police Station were damaged in a fire; and WHEREAS, the City does not have sufficient funds available in its current budgeted resources or from other available sources to meet the estimated costs of the acquisition of land and the construction of a new Community and Civic Center facility to house the City’s legislative and administrative functions (including public safety, utility and infrastructure, and other City services), and to provide community meeting spaces, and certain other capital improvements; and WHEREAS, the City Council has determined that it is advisable to submit to the voters a proposition that would approve the issuance of bonds and the levy and collection of excess property taxes necessary to repay those bonds, for the purposes described in this ordinance; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PROSSER, WASHINGTON, DO ORDAIN, as follows: Section 1. Findings and Determinations. The City Council (the “City Council”) of Prosser, Washington (the “City”), hereby makes the following findings and determinations: 1.1 Intent. The City Council intends to place before the voters the following proposition: (1) Police Station and City Hall Project Construction Levy. Proposition 1, authorized pursuant to this ordinance, would authorize the City to issue no more than $16.8 million or such lesser amount as is legally permitted at the time of issuance of general obligation bonds the purpose of financing the replacement for the City’s damaged Police Station and City Hall (the “Project”), including acquiring land, designing, constructing, renovating and equipping space for the City Council and community meetings, public safety functions, and space for utilities and other City services. The principal of and interest on the Bonds would be repaid through the collection of an excess property tax levy. Depending on interest rates and timing and 1 4829-5360-7920v4/200769-0010 Page 5 of 18  assuming issuing the full authorized amount of the bond issuance, the total annual levy amount is estimated to be approximately $379.75 per year on a $350,000 home. 1.2 Projects and Purpose. The City is in need of funds for the purpose of financing the City’s Police Station and City Hall, which were destroyed by fire. The Project, including includes acquiring land, designing, constructing, and equipping space for the City Council and community meetings, public safety functions, and space for utilities and other City services (the “ProjectsProject,” as described in Section 3) and to pay incidental costs incurred in connection with carrying out such Projects, the estimated cost of which is expected to be approximately $16.8 million. 1.3 Submission to Voters. The City Council has determined that it is in the best interests of the City to submit to the voters this ballot proposition approving the issuance of bonds or other evidences of indebtedness issued or entered into to finance all or a portion of the ProjectsProject (the “Bonds”) to be repaid by a special excess levy for this purpose. Section 2. Description of Proposed Bonds. 2.1 The Bonds may be issued in the maximum aggregate principal amount of not more than $16.8 million or such lesser amount as is legally permitted at the time of issuance, and may be issued as a single bond, as a single issue, as a part of a combined issue with other authorized bonds, or in more than one series, all as deemed advisable by the City and as permitted by law. 2.2 Each series of the Bonds shall be fully registered bonds, bearing interest payable as permitted by law, and maturing within 31 years from the date of issue, or within any shorter period fixed by the City. 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 such bonds are to be issued. The specific date, form, terms, option of prior redemption, price, interest rate or rates and maturities of the Bonds (or parameters with respect to the same) shall be hereafter fixed by ordinance of the City. The Bonds (or any series or portion thereof) may be issued within the constitutional debt capacity authorized for voter-approved bonds issued (i) for general municipal purposes, (ii) for utility purposes, or (iii) for other purposes permitted under Article VII, section 6 of the State Constitution and under RCW 39.63.020(4). The City shall make such debt capacity designation in the future ordinance specifying fixing the terms of such Bonds or series of Bonds. 2.3 The Bonds 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. 2.4 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 for the costs of the Projects. Such obligations and their costs may be paid or refunded with proceeds of the Bonds when issued. Section 3. Purpose and Description; Use of Proceeds of the Bonds. 3.1 Description of Projects. The Projects consist of the City’s Police Station and City Hall Project, including acquiring land, constructing, and equipping space for the City Council and 2 4829-5360-7920v4/200769-0010 Page 6 of 18 community meetings, public safety functions, and space for utilities and other City services. The cost of all necessary architectural, engineering, legal and other consulting services; site acquisition and improvement (e.g., clearing and demolition); on and off-site utilities and related improvements; payments for fiscal and legal expenses; printing, advertising, establishing and funding accounts; necessary and related planning, consulting, inspection and testing costs; administrative expenses; and other similar activities or purposes incurred in connection with the Projects shall be deemed a part of the costs of such capital improvements. The City may modify details of the Projects as it may find necessary or advisable. The Projects, or any portion or portions thereof, shall be made insofar as is practicable with available money and in such order of time as shall be deemed necessary or advisable by the City. The economic life of the Projects is expected to exceed the life of the Bonds. 3.2 Use of Proceeds of the Bonds. The proceeds of the Bonds shall be used for capital purposes only (which shall not include the replacement of equipment) to pay the costs of the Projects and to pay costs related to the sale, issuance and delivery of the Bonds. The City shall determine the application of available money between the various portions of the Projects so as to accomplish, as near as may be, all of the Projects. If available money from the proceeds of the Bonds is more than sufficient to pay the costs of the Projects, or if state or local circumstances require any alteration in the Projects, the City may acquire, construct, equip and make other capital improvements to the City’s public safety facilities or infrastructure or may retire and/or defease a portion of the Bonds, all as the City 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 for, or if it has become impractical to accomplish the Projects or portions of the Projects, the City may use the proceeds of the Bonds and other available money for paying the costs of those portions of the Projects deemed by the City to be most necessary and in the best interest of the City. Section 4. Calling of Election. The City requests that the Benton County Auditor (the “Elections Officer”) call and conduct a special election in the City, in the manner provided by law, to be held therein on November 8, 2022, in conjunction with the State general election to be held on the same date, 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 not more than $16.8 million (or such lesser maximum amount as the City may determine and as may be legally issued under the laws governing the limitation of indebtedness), the proceeds of which shall be expended to pay the costs of the Projects, and annual excess property taxes shall be levied to pay and retire the Bonds, all as described in this ordinance. If such proposition is approved by the requisite number of voters, the City shall be authorized to issue the Bonds in the manner described in this ordinance, to spend the proceeds thereof to pay the costs of the Projects and the costs of issuance and sale of such Bonds, and to levy excess property taxes to pay and retire such Bonds. Section 5. Ballot Proposition. The City Clerk of the City is authorized and directed to certify, no later than August 2, 2022, to the Elections Officer, as ex officio supervisors of elections in the City, a copy of this ordinance and the proposition to be submitted at that election in the form of ballot title prepared pursuant to RCW 29A.36.071 as set forth in Exhibit A, which is attached and incorporated by this reference. For purposes of receiving notice of any matters related to the ballot title, as provided in RCW 29A.36.080, the City hereby designates its City Administrator (Thomas Glover, 509-786-8217, tglover@ci.prosser.wa.us) and its Bond Counsel, Stradling Yocca Carlson & Rauth, PC (Alice Ostdiek, 206-829-3002, aostdiek@stradlinglaw.com), as the persons to whom such notice shall be provided. 3 4829-5360-7920v4/200769-0010 Page 7 of 18  Section 6. Authorization of Local Voters’ Pamphlet. The City authorizes preparation and distribution of a local voters’ pamphlet, including an explanatory statement and statements in favor of and in opposition to the ballot measure, if any. The preparation of explanatory statement, the appointment of pro/con committees and the preparation of statements in favor or and in opposition to the ballot title shall be in accordance with chapter 29A.32 RCW and the rules and guidelines of the Elections Officers. The City Administrator shall administer a process for appointment of the pro/con committees by soliciting volunteers and, if necessary appointing members of such committee from among those volunteering by a method of random selection. Section 7. General Authorization; Ratification. 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 and excess taxes necessary to pay and retire the Bonds be levied, all as provided in this ordinance, shall be submitted to the voters of the City at the November 8, 2022 election. Any action taken consistent with the authority and prior to the effective date of this ordinance is hereby ratified, approved and confirmed. Section 8. Intent to Reimburse. The City Council declares that to the extent that the City makes capital expenditures for the Projects, prior to the date the Bonds or other short-term obligations are issued to finance the Police Station and City Hall Projects, 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 short-term obligations issued in an amount not to exceed the principal amount of the Bonds provided by this ordinance. Section 9. 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 authorizing the Bonds described herein, or of the Bonds themselves. 4 4829-5360-7920v4/200769-0010 Page 8 of 18  Section 10. Effective Date. This ordinance shall take effect and be in force from and after its passage and five days following its publication as required by law. PASSED by the City Council and APPROVED by the Mayor of the City of Prosser, Washington, at a regular open public meeting thereof, this _____ day of _____, 2022. APPROVED: Randy Taylor, Mayor ATTEST/AUTHENTICATED: Rachel Shaw, City Clerk APPROVED AS TO FORM: Stradling Yocca Carlson & Rauth, PC, Bond Counsel 5 4829-5360-7920v4/200769-0010 Page 9 of 18  Exhibit A Proposition 1 Police Station and City Hall Bonds The Prosser City Council adopted Ordinance No. YY, regarding voter approval for financing certain capital improvements. If approved, this proposition would authorize financing forto replace the City’s Police Station and City Hall Project, including land acquisition, design, construction and equipping of public space for community meetings, public safety, utilities, public works, and other City services. It would authorize issuance of not more than $16.8 million of general obligation bonds maturing within 31 years payable by the levy of the annual levy of excess property taxes, all as provided in Ordinance No. YY. Should this proposition be approved? YES  NO  Exhibit A 4829-5360-7920v4/200769-00104829-5360-7920v5/200769-0010 Page 10 of 18  CITY OF PROSSER, WASHINGTON ORDINANCE NO. 22-_______ AN ORDINANCE OF THE CITY OF PROSSER, WASHINGTON, PROVIDING FOR THE SUBMISSION TO THE VOTERS OF THE CITY AT A SPECIAL ELECTION TO BE HELD THEREIN ON NOVEMBER 8, 2022, IN CONJUNCTION WITH THE STATE GENERAL ELECTION TO BE HELD ON THE SAME DATE, OF A PROPOSITION AUTHORIZING THE CITY TO ISSUE ITS GENERAL OBLIGATION BONDS, FOR THE PURPOSE OF FINANCING REPLACEMENT OF THE CITY’S POLICE STATION AND CITY HALL, INCLUDING ACQUIRING LAND FOR, DESIGNING, CONSTRUCTING, RENOVATING AND EQUIPPING SPACE FOR THE CITY COUNCIL AND COMMUNITY MEETINGS, PUBLIC SAFETY FUNCTIONS, AND SPACE FOR OTHER CITY SERVICES, IN THE PRINCIPAL AMOUNT OF NO MORE THAN $16.8 MILLION OR SUCH LESSER AMOUNT AS IS LEGALLY PERMITTED AT THE TIME OF ISSUANCE, PAYABLE BY ANNUAL PROPERTY TAX LEVIES TO BE MADE IN EXCESS OF REGULAR PROPERTY TAX LEVIES, AND TO LEVY THOSE EXCESS PROPERTY TAXES. WHEREAS, in May 2021, the City’s City Hall and Police Station were damaged in a fire; and WHEREAS, the City does not have sufficient funds available in its current budgeted resources or from other available sources to meet the estimated costs of the acquisition of land and the construction of a new Community and Civic Center facility to house the City’s legislative and administrative functions (including public safety, utility and infrastructure, and other City services), and to provide community meeting spaces, and certain other capital improvements; and WHEREAS, the City Council has determined that it is advisable to submit to the voters a proposition that would approve the issuance of bonds and the levy and collection of excess property taxes necessary to repay those bonds, for the purposes described in this ordinance; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PROSSER, WASHINGTON, DO ORDAIN, as follows: Section 1. Findings and Determinations. The City Council (the “City Council”) of Prosser, Washington (the “City”), hereby makes the following findings and determinations: 1.1 Intent. The City Council intends to place before the voters the following proposition: (1) Police Station and City Hall Project Levy. Proposition 1, authorized pursuant to this ordinance, would authorize the City to issue no more than $16.8 million or such lesser amount as is legally permitted at the time of issuance of general obligation bonds the purpose of financing the replacement for the City’s damaged Police Station and City Hall (the “Project”), including acquiring land, designing, constructing, renovating and equipping space for the City Council and community 1 4829-5360-7920v5/200769-0010 Page 11 of 18  meetings, public safety functions, and space for utilities and other City services. The principal of and interest on the Bonds would be repaid through the collection of an excess property tax levy. Depending on interest rates and timing and assuming issuing the full authorized amount of the bond issuance, the total annual levy amount is estimated to be approximately $379.75 per year on a $350,000 home. 1.2 Projects and Purpose. The City is in need of funds for the purpose of financing the City’s Police Station and City Hall, which were destroyed by fire. The Project includes acquiring land, designing, constructing, and equipping space for the City Council and community meetings, public safety functions, and space for utilities and other City services (the “Project,” as described in Section 3) and to pay incidental costs incurred in connection with carrying out such Projects, the estimated cost of which is expected to be approximately $16.8 million. 1.3 Submission to Voters. The City Council has determined that it is in the best interests of the City to submit to the voters this ballot proposition approving the issuance of bonds or other evidences of indebtedness issued or entered into to finance all or a portion of the Project (the “Bonds”) to be repaid by a special excess levy for this purpose. Section 2. Description of Proposed Bonds. 2.1 The Bonds may be issued in the maximum aggregate principal amount of not more than $16.8 million or such lesser amount as is legally permitted at the time of issuance, and may be issued as a single bond, as a single issue, as a part of a combined issue with other authorized bonds, or in more than one series, all as deemed advisable by the City and as permitted by law. 2.2 Each series of the Bonds shall be fully registered bonds, bearing interest payable as permitted by law, and maturing within 31 years from the date of issue, or within any shorter period fixed by the City. 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 such bonds are to be issued. The specific date, form, terms, option of prior redemption, price, interest rate or rates and maturities of the Bonds (or parameters with respect to the same) shall be hereafter fixed by ordinance of the City. The Bonds (or any series or portion thereof) may be issued within the constitutional debt capacity authorized for voter-approved bonds issued (i) for general municipal purposes, (ii) for utility purposes, or (iii) for other purposes permitted under Article VII, section 6 of the State Constitution and under RCW 39.63.020(4). The City shall make such debt capacity designation in the future ordinance specifying fixing the terms of such Bonds or series of Bonds. 2.3 The Bonds 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. 2.4 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 for the 2 4829-5360-7920v5/200769-0010 Page 12 of 18 costs of the Projects. Such obligations and their costs may be paid or refunded with proceeds of the Bonds when issued. Section 3. Purpose and Description; Use of Proceeds of the Bonds. 3.1 Description of Projects. The Projects consist of the City’s Police Station and City Hall Project, including acquiring land, constructing, and equipping space for the City Council and community meetings, public safety functions, and space for utilities and other City services. The cost of all necessary architectural, engineering, legal and other consulting services; site acquisition and improvement (e.g., clearing and demolition); on and off-site utilities and related improvements; payments for fiscal and legal expenses; printing, advertising, establishing and funding accounts; necessary and related planning, consulting, inspection and testing costs; administrative expenses; and other similar activities or purposes incurred in connection with the Projects shall be deemed a part of the costs of such capital improvements. The City may modify details of the Projects as it may find necessary or advisable. The Projects, or any portion or portions thereof, shall be made insofar as is practicable with available money and in such order of time as shall be deemed necessary or advisable by the City. The economic life of the Projects is expected to exceed the life of the Bonds. 3.2 Use of Proceeds of the Bonds. The proceeds of the Bonds shall be used for capital purposes only (which shall not include the replacement of equipment) to pay the costs of the Projects and to pay costs related to the sale, issuance and delivery of the Bonds. The City shall determine the application of available money between the various portions of the Projects so as to accomplish, as near as may be, all of the Projects. If available money from the proceeds of the Bonds is more than sufficient to pay the costs of the Projects, or if state or local circumstances require any alteration in the Projects, the City may acquire, construct, equip and make other capital improvements to the City’s public safety facilities or infrastructure or may retire and/or defease a portion of the Bonds, all as the City 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 for, or if it has become impractical to accomplish the Projects or portions of the Projects, the City may use the proceeds of the Bonds and other available money for paying the costs of those portions of the Projects deemed by the City to be most necessary and in the best interest of the City. Section 4. Calling of Election. The City requests that the Benton County Auditor (the “Elections Officer”) call and conduct a special election in the City, in the manner provided by law, to be held therein on November 8, 2022, in conjunction with the State general election to be held on the same date, 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 not more than $16.8 million (or such lesser maximum amount as the City may determine and as may be legally issued under the laws governing the limitation of indebtedness), the proceeds of which shall be expended to pay the costs of the Projects, and annual excess property taxes shall be levied to pay and retire the Bonds, all as described in this ordinance. If such proposition is approved by the requisite number of voters, the City shall be authorized to issue the Bonds in the manner described in this ordinance, to spend the proceeds 3 4829-5360-7920v5/200769-0010 Page 13 of 18 thereof to pay the costs of the Projects and the costs of issuance and sale of such Bonds, and to levy excess property taxes to pay and retire such Bonds. Section 5. Ballot Proposition. The City Clerk of the City is authorized and directed to certify, no later than August 2, 2022, to the Elections Officer, as ex officio supervisors of elections in the City, a copy of this ordinance and the proposition to be submitted at that election in the form of ballot title prepared pursuant to RCW 29A.36.071 as set forth in Exhibit A, which is attached and incorporated by this reference. For purposes of receiving notice of any matters related to the ballot title, as provided in RCW 29A.36.080, the City hereby designates its City Administrator (Thomas Glover, 509-786-8217, tglover@ci.prosser.wa.us) and its Bond Counsel, Stradling Yocca Carlson & Rauth, PC (Alice Ostdiek, 206-829-3002, aostdiek@stradlinglaw.com), as the persons to whom such notice shall be provided. Section 6. Authorization of Local Voters’ Pamphlet. The City authorizes preparation and distribution of a local voters’ pamphlet, including an explanatory statement and statements in favor of and in opposition to the ballot measure, if any. The preparation of explanatory statement, the appointment of pro/con committees and the preparation of statements in favor or and in opposition to the ballot title shall be in accordance with chapter 29A.32 RCW and the rules and guidelines of the Elections Officers. The City Administrator shall administer a process for appointment of the pro/con committees by soliciting volunteers and, if necessary appointing members of such committee from among those volunteering by a method of random selection. Section 7. General Authorization; Ratification. 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 and excess taxes necessary to pay and retire the Bonds be levied, all as provided in this ordinance, shall be submitted to the voters of the City at the November 8, 2022 election. Any action taken consistent with the authority and prior to the effective date of this ordinance is hereby ratified, approved and confirmed. Section 8. Intent to Reimburse. The City Council declares that to the extent that the City makes capital expenditures for the Projects, prior to the date the Bonds or other short-term obligations are issued to finance the Police Station and City Hall Projects, 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 short-term obligations issued in an amount not to exceed the principal amount of the Bonds provided by this ordinance. Section 9. 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 authorizing the Bonds described herein, or of the Bonds themselves. 4 4829-5360-7920v5/200769-0010 Page 14 of 18  Section 10. Effective Date. This ordinance shall take effect and be in force from and after its passage and five days following its publication as required by law. PASSED by the City Council and APPROVED by the Mayor of the City of Prosser, Washington, at a regular open public meeting thereof, this _____ day of _____, 2022. APPROVED: RANDY TAYLOR, MAYOR ATTEST/AUTHENTICATED: RACHEL SHAW, CITY CLERK APPROVED AS TO FORM: STRADLING YOCCA CARLSON & RAUTH, PC, BOND COUNSEL 5 4829-5360-7920v5/200769-0010 Page 15 of 18  SUMMARY OF ORDINANCE NO. 22-_____ of the City of Prosser, Washington On the ____ day of ___________, 2022, the City of Prosser, Washington, passed Ordinance No. ____________. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF PROSSER, WASHINGTON, PROVIDING FOR THE SUBMISSION TO THE VOTERS OF THE CITY AT A SPECIAL ELECTION TO BE HELD THEREIN ON NOVEMBER 8, 2022, IN CONJUNCTION WITH THE STATE GENERAL ELECTION TO BE HELD ON THE SAME DATE, OF A PROPOSITION AUTHORIZING THE CITY TO ISSUE ITS GENERAL OBLIGATION BONDS, FOR THE PURPOSE OF FINANCING REPLACEMENT OF THE CITY’S POLICE STATION AND CITY HALL, INCLUDING ACQUIRING LAND FOR, DESIGNING, CONSTRUCTING, RENOVATING AND EQUIPPING SPACE FOR THE CITY COUNCIL AND COMMUNITY MEETINGS, PUBLIC SAFETY FUNCTIONS, AND SPACE FOR OTHER CITY SERVICES, IN THE PRINCIPAL AMOUNT OF NO MORE THAN $16.8 MILLION OR SUCH LESSER AMOUNT AS IS LEGALLY PERMITTED AT THE TIME OF ISSUANCE, PAYABLE BY ANNUAL PROPERTY TAX LEVIES TO BE MADE IN EXCESS OF REGULAR PROPERTY TAX LEVIES, AND TO LEVY THOSE EXCESS PROPERTY TAXES. The full text of this Ordinance will be mailed upon request. DATED this _____ day of ________________, 2022 CITY CLERK, RACHEL SHAW 6 4829-5360-7920v5/200769-0010 Page 16 of 18  7 4829-5360-7920v5/200769-0010 Page 17 of 18  Exhibit A Proposition 1 Police Station and City Hall Bonds The Prosser City Council adopted Ordinance No. YY, regarding voter approval for financing certain capital improvements. If approved, this proposition would authorize financing to replace the City’s Police Station and City Hall, including land acquisition, design, construction and equipping of public space for community meetings, public safety, utilities, public works, and other City services. It would authorize issuance of not more than $16.8 million of general obligation bonds maturing within 31 years payable by the levy of the annual levy of excess property taxes, all as provided in Ordinance No. YY. Should this proposition be approved? YES ...................................................... NO ........................................................ Exhibit A 4829-5360-7920v5/200769-0010 Page 18 of 18