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HomeMy WebLinkAboutOrdinance 1020 N.C.S. 04/05/1971'~ 1 ~ • ' ' ~ INT.RO UCED C~CI .~~:.., . _ • • ` C.Gi'' , ~ ~ ~ , ~ ~ ~ '~ ~ \ ~ ~ ~ yi~,~ ~~y; . ~~~~~~ CITY OF FETALUMA ORDINANCE NO. 1020'N.C.S. AN ORDINANCE CALLING A SPECIAL MUNICIPAL BOND ELECTION IN THE CITY OF PETALUMA FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS OF SAID CITY THE MEASURE OF INCURRING ~ A BONDED INDEBTEDNESS OF SAID CITY FOR THE ACQUISITION, CONSTRUCTION AND COMPLET,ION OF THE FOLLOWING MUN.ICIPAL IMPROVEMENT, TO WIT: SEWER SYSTEM IMPROVEMENTS; DECLAR- ING THE ESTIMATED COST OF SAID MUNICIPAL IMPROVEMENT, , THE AMOUNT. OF THE PRINCIPAL OF SAID INDEBTEDNESS TO BE ~ INCURaRED THEREFOR, AND THE MAX'IMUM RATE OF INTEREST TO _ BE PAID THEREON; MAKING PROVISION FOR THE LEVY AND COL- ' LECTION OF TAXES; FIXING THE DATE OF SAID ELECTION, THE MANNER OF HOLDING THE SAME AND.PROVIDING FOR NOTICE , THEREOF; AND CONSOLIDATING SAID SEECIAL MUNICIPAL BOND ' ELECTTON WITH THE GENERAL MUNICIPAL ELECTION TO BE HELD ON JUNE 8, 1971. , , WHEREAS, the Council of the City of Petaluma by ' resolution duly p'assed and adopted at a meeting of the Council duly and regularly held, by affirmative vote of more than two- thirds of all its members, did determine that the public inter- est and necessity demand the acquisition, construction and . completion of the municipal impro~ement hexeinafter mentioned, and. did fu'rther determine tha`t t~he eost of said proposed municipal improvement will be too great to be paid out of the ordinar.y annual income and revenue of s~ai~ municipality and •, .'• . ~ that said municipal improvement w:ill require an expenditure greater than the amount allowed therefor by the annual tax levy, and wi11 require the incurring of a bonded indebtedness therefor, which resolution was duly entered on the minutes of said meeting of the Council, and is now on file and of record in the Clerk's office of said City; NOW, THEREFORE, i BE IT ORDAINED BY THE COUNCTL OF THE CITY OF PETALUMA AS FOLLOWS: Section 1. A special municipal bond election shall be and is hereby ordered and wi11 be held in the City of Petaluma (hereinafter called "the City") on Tuesday, June 8, 1971, at which.election shall~be submitted to the qualified electors of the City the question of incurring a bonded in- debtedness of the City for the object and purpose set forth in the following measure, to wit: MEASURE (A): Shall the City of (Sewer System Petaluma incur a Improvements) bonded indebtedness in the prineipal amount of $`2,D00,000 for the acquisition, construction and eompletion of the follow- ing municipal improvement, to wit: Sewer system improvements, including pump stations, force mains, trunk sewers, oxidation ponds and outfall lines, together with pipes, pumps, machinery and manholes; lands, easements and rights of way; and other works, property or structures necess'ary or con"venient for sewer sy~tem improvements for the Ci.ty of Petaluma? 2 , • . • • The estimated cost of the municipal improvement ~ as set forth in Me:'asu.re {A) (S.ewer System' ImproVements.) is . the sum of $4,332,000 and the amount o€ the indebtedness proposed to be incurred for. said muni.cip`al improvement is the sum.of $2,000,000. It is contemplated by the City that ~ the difference between the estimated cost of said municipal ~ improvement and.the amount of the indebtednes;s proposed to ~ be incurred the'refor will be made up ~by grants from the , United States of America and/or the State of California and , from funds otherwise on hand and available to the City for ' such purpose, but this Council.of the-City reserves the ' right in its discretion to provide otherwi5e for the pay- ~ ' ment of said differenee, or if any of such moneys over and ~ , ab,ove the amount to be realized from the proceeds of the s ale~' o f bonds are not avai lab le ,, then to reduce tYie cos t of I said municip~al improvement to the actual amount to be real- ' ized from the proceeds .of sale of said b;onds, together with ~. funds actual;ly available for the payment of~ the cost of said municipal improyement, and said estimated cost herein set forth shall not be deemed to constitute a limitation ; or condition upon the issuance of any of said bonds. The. ' estimated cost hereinabove stated of such municipal improve- ment ineludes legal and all other fees incidental to or ~ connected with :the authorization, issuance and sale of the bonds evidencing the indebtedness proposed to be incur,red for s,uch muni:cipal improvemen,t and the co.sts of pr.~inting said borids and all other eosts ~and expen~ses incidental to or connected with the`authorization, sss'uance and sale of said bonds. 3 . • ~ ~J Section 2. The Council does hereby submit to the qualified electors of the City at said special municipal bond election said measure set forth in Section 1 of this ~ ordinance, and designates and refers to said measure in ; the form of ballot hereinafter p.rescribed for use at said election. (a) Said special municipal bond election shall be held and conducted, and the votes thereof canvassed, and the returns thereof made, and the result thereof ascertained and determined, as herein provided; and in all particulars not prescribed by this ordinance, said election shall be held as provided by law for the holding of municipal elections in ~- the City. (b) A11 pers:ons qualified to vote at municipal e;lections in the City upon the date of the elect.ion herein provided•for shall be.qualified to vo:te:.upon the measures submitted at said spe;cial municipal bond election. ~ ~ (c) The~polls at the polling places hereinafter designated shall be opened at 7:00 o'clock A.M, of said day of election and shall be ke.pt open cont°inuously thereafter until 8:00 o'clock P.M. of said day of election, when the polls shall be closed (except as provided in Section 14436 of the Elections Code), and the election of:ficers shall thereupon proceed to canvass the ballots cast thereat. (d) Said speeial municipal bond election hereby called sh:all be ,and.is hereby conso,lidated with the G`eneral Munieip~al Election. ~to be held in the .City on June 8, 19`71, aIl as required by and pursuant to law; .and the election pre- cinets, po.llimg places and officers of election within the 4 . • - • • _ f . a Ci:'ty for said special municipal bond eleetion hereb.y called shall be tlie s ame as tYiose se le'eted and des ignated by the Council for= said General Municipal Election by its Resolution ', No. 571~3 NC5 entitTed "Resolution Calling And Providing For A Regular Municipal Election To Be Held On June 8, 1971, ~ IncTuding The Pe~ta'luma High School District And The Petaluma ! Hospital Distr-;ict, For The Purpose Of Electing Public Offi- .cers; To Vote On A Certai.n~~Bond Measure, Designating The ' Precincts And Polling Places For Said Election; Appointing ~ Election Officers And P"roviding For Notice T.hereof," passed ~ and adopted on Apr;iT ~5, 1971, to which resolution reference is hereby specifically made.for a designat-ion of the pre- ~ ~ cincts, polling places and election officers of the special municipal bond election hereby called. (e) Only one for-m of _bal;lot shall. be used at~ said ; General Municipal E`lection and said special municipal bond , election hereby consolidated therewith, whieh, in addition to all other matters r,eguired by l~aw to be printed thereon, shall state the measure set forth in Section 1 hereof. In ~ ; all precincts where voting machines will be used at said ~ election, the baTlots sha1:T be in the form requir,.ed by law ,, and said votin:g machines and the pr.epara.tion ther;eof shall comply in all re_spects with the applicable provisions of law; and, in addition to any other matters required by ~law, there shall appear on the front of each voting machine the measur.e~or an authorized condensed statement thereo~ s_et forth in Section 1 hereof. (f) In all precincts where paper ballots are used at s`aid election, each voter to vote for the measure ~5 . ~ '• ~ • hereby submitted and for incurring said bon.ded indebtedness shall stamp a cross (+) in the blank space o.pposite the word "YES" on the ballot to the right of said measure, and to vote against s;aid measure and against incurxing said bonded indebtedness shall s~tamp a cross (+) in the blank space oppo- site the word "N0" on the ballot to th`e right of said mea- sure; provided, however, that on ab`s'ent voter ballots th'e cross (+) may be marked with pen or pencil. In all precincts where voting machines are used at said election, each voter to vote for the measure hereby submitted and for incurring said bonded indebtedness shall pull down 'a voting pointer ' over the word "YES" over or near said measure appearing on ,~ the front of the machine and pull the operating lever, and to vote against said meas~ure and against incurring said bonded indebtedness shall pull down a voting pointer over the word "NO" over or near• said meas:ure appe~aring on the front of the machine and pull the operating lever. (g) The:returns of said election shall be made out and signed by the ~lection officers and shall be by them deposited with the City Clerk; and the Council shall meet at its usual meeting place and canvass said returns on Monday, the 14th day of June, 1971, at the hour: of 8:00 o'clock P.M. and declare the result of said ele.ction. Section 3. The Council proposes to is_sue and sell bonds of the.City for the object and purpose specified in said measure, if said measure is approved at said election by the then legally applicable dote requirement. Said bonds shall be negotiable in form and of the character known as serial, and shall bear interest at a rate 6 .-~_ .. ~ __ ~ s not to exceed seven (7) per cent per annum, payable semi- annually (except that interest for the first year after the date of said bonds may be made payable_.at or before the end of said year). Provision is hereby made for the payment of the principal of and interest on said bond's as follows: At the time of making the general tax levy a~fter incurring the bonded indebtedness, and annually thereafter until the bonds ~ are paid or until there is a sum in the treasury set apart for that purpose sufficient to meet aT.l,payments of principal and interest on the bonds as they become due, the Council shall levy and collect a tax sufficient to pay the interest on the bonds and such part of the principal as will become due before the proceeds of a tax levied at the next general tax levy will be available; provided, however, that if said bonds are authorized to be issued at said e lection, and it is expected that.all or any part of said bonds will be sold at such time that the principal of or interest on such bonds will become due before the proceeds of a tax levied after such sale woizld be avai.lable to pay such principal or interest, the Council, at the time of fixing the annual tax levy, may levy a tax in an amount clearly sufficient to pay that portiom of the p'rincipal of and interest on said bonds which it is expected will become due before the proceeds of the next succeeding tax levy will be availa.ble. If the earliest maturity of the bonds~is more than one year_after the date of issuance, the Council shall levy and collect annually a tax suff icient~to pay the interest as it falls due and to const~itute.a sinking fund for the payment of the principal on or before maturity. Such taxes shall be levied and collected as other City taxes and shall be in 7 . _ ~ ; :n. ~. (. - ~ i ~ . • ~ , ~ _' ~ • 6 a`ddition to all other taxes and shall; be used only for pay,- ment of the bonds and the interest thereon. Section 4. The City Clerk of the City is hereby :'. di~rected, upon the passage and adoption of this ordinance, to publish the same once a day for at lea'st seven (7) days in the Petaluma Argus-Courier, which is a newspaper of general circulation published at least six (6) days a week in the City, and such publication shall constitute notice of said election. No otYier notice of the election hereby called need be given. Sect-ion 5. This ordinance shaTT be forthwith , entered upon the minutes of the .Council and in the Ordinanee Book of the City. This ordinance, being an ordinance calling and ordering an election, shall take effect from and after its final passage and approval. PASS:ED AND ADOPTED this 5th day of April, 1971, by the following vote: AYES• Councilmen Battaglia, Brainerd; Brunner.,.Mattei, .rp ~ and Mayor Putnam. ~ NOES: Councilmen Cavanagh, Jr.; and D;aly. . ~ ABSENT: None. .. ` . ' . EN . UT -- `- ~ s~ _ - _ - - • _ ~ M~ayor of the ity Attest:_~ '- . . `~ ~~v~~; c ~~~~, ' - ROBIN EDELMA'N ' Deputy City Clerk ~ The foregoing ordinance was presented to me for approval and is hereby approved this 5th day of April, 1971. ~ ~ ~ Mayor of fhe.City 8 cr'~ ° ,, `I liereby' certif:y that`.tfie; witliin: ordinance was pulilislied`;in full;,orice~ in tlie Petalunia. tYrgu"s~Courier, a daily 'paper o£ ~ g ion published withi^ the CiEy of Petaluma, to~wit 9~ 1 ~;~, 12 ,_ 13_, 14 , 15', 1.6 1.971 Apr,I-1 eneral circu a€ ----.--- -~• t~` ~ and tliat the saicl P,,etalu'ma Argus.Courier is'~ the official.~~newspaper of Clie City',of P.etal`ufina. ~ . I hereby ,certify- that ~he wfiole number of inembers of the Couneil of, tfie City of 'Petaluma ,'is, seven; and 'thaf the foregoing o_cdinance was passed by the Council at itsk 'm'eeEing of... ..5th: :____ _ day of __ _...April____ _________ _________ _____ . 19 71'by the following~ vote_, to<wit; . ~ A_YFES; COU-NCILIvIAN e ,._.:Batta~ll_a. ..__... .. ......: 'COUNCILMt1~N;_ .,,,. Brainerd AY~ESc COUNGILIvIr1N. ..... :Bz'Ui1712-r• •• •-•------- -----------•-•---.-- . 'COUNCILMIIN,. . -•-°Ma.tte 1 . _ AY:BS: COI7NGILIviAN -~ . ...... :.. :.:... .--- ..~- ---•-- s ~ ,_..r~. COUNGILMAN." . .-_;., .,.,.:~ --:--- ----_,,-,....... ' Mf1XOR . ,..;:, PUt11dm • • ° . 1v:oES. Cavan.agh, :Jr --'----& D_aly = " ' - ~------- = ~ ....................... .~ . ABSENT: __...= _ None~ , ~ __.. ..:.. .. . .., ... _ _ .. ` j __ ~---,~ ' ,ATTEST-- ---- ----- ---- -------- ~- ~---- r..G:.Z~~-----<= L.~:~/C:..~l~I ~~!Z/ • ~ (~SEAL) De:pLity': ~ ;CITY CLERK , • ; - ~_ _ . . ~ ' The foiegoing Ordinance -Number-..1.~'~:Q ...N~~ Charter Series, having been negularly passed sand presented' ,to me; 's ~ ~ • '7..1...,, . , 5:th -~~ ------ this ::, ~~~_.:.,,. ._:. day of; ;~~?X:l~ ....•,•, •~ ..... ........ 19 _. is, heieby appYoved, by me this-- •• -••--•••.. day . ~ • . . of' ---...... A~Y' i1---- ----=------------------------°-------------- --•-, ,19=---~ 1, E_ffeeti¢e date-,. 4 5 7;1 ..,,_- •.:-•--• ~ . . . . - - --~ - ------ -- - - - - ~.~~Y1~L/ ,_-.,.. ~ . ~ Iv1t1YOR, • .