City Sues to Validate Library/Event Center Bond Issue
Library Update: Petition Goes to City Hall
2,000+ Voters Say ‘Don’t Put Library in MLK Park’
Tomorrow, the Save Our Library WP PAC will turn in the signatures of 2,234 registered Winter Park voters who oppose locating the new library in Martin Luther King Jr. Park. This number exceeds by approximately 10 percent the number of signatures required to file a Citizens Petition.
PAC leader Michael Poole said he is not sure what the next steps will be, but expects the issue to end up before Orange County Circuit Judge Margaret Schreiber for a final resolution. He said he expects there may be some discussion of the petition at Monday’s meeting of the City Commission.
“We believe the bond should be validated,” said Poole, “but not with a designated site, because the site was not on the ballot.”
Poole explained the Save Our Library WP PAC will intervene in the bond validation suit using the State’s Attorney. Asked whether he thought the City would continue to deny the PAC has standing to file the petition, Poole said, “I don’t believe any State’s Attorney, when confronted with more than 2,200 valid signatures, would not take in earnest what we are trying to do. This petition says, ‘Judge, these people don’t want the library in this park.’
“It would be incredible for the judge to say that we don’t have standing in this court,” said Poole.
The City Attorney announced at the July 11 commission meeting the City had filed suit in the Orange County Circuit Court to validate the bonds that will finance the construction of the new library – event center.
Case Will Go to Trial
The City is asking the court to confirm that it can legally and safely issue up to $30 Million in municipal bonds. Attorney Richard Geller, sitting in for City Attorney Kurt Ardaman, reported the matter will be litigated, there will be a trial before Judge Margie Schreiber, evidence will be presented and the Judge will determine the bonds can be issued.
Bond Counsel to Argue Before Judge Schreiber
To represent the City, the firm of Bryant, Miller, Olive P.A., with offices in Atlanta, Jacksonville, Miami, Orlando, Tallahassee, Tampa and Washington, D.C has been retained. Attorney Ardaman will act as co-counsel with the bond counsel.
6- to 9-Month Process
In answer to the mayor’s question about the anticipated time frame, Geller indicated the entire process could take six to nine months. The time frame depends on the Judge’s schedule according to City Manager Randy Knight. Knight said the first step, which would be for Judge Schreiber to issue an order to show cause, might occur within 60 to 90 days.
Protection for City & Bond Holders
Winter Park Communications Director Clarissa Howard explained in an email, “The city has made the decision to go through the bond validation process to protect the interests of the citizens and taxpayers of Winter Park. This bond validation process is the most expeditious and fiscally-responsible approach that will ensure the bonds can be properly issued and the approved project can be built without any future legal obstructions.”
Bond Rating Upped
According to an attorney speaking off the record to The Voice, while there is no legal requirement that suit be filed, typically a City such as Winter Park files suit seeking validation by a court, as such a ruling has the effect of giving the bonds the highest possible rating and lowering the cost to the City of the debt service, or interest it must pay on the bonds.