HomeMy WebLinkAboutOrdinance 1121 N.C.S. 12/17/1973INTRODUCED
BRIGINAL fP -2]
NCILMAN SECO P. DE BY:..COUNCILMAN .
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ORDINANCE NO: 11Zl 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 MEASURES OF•.INCURRING
A BONDED I'NDEBT ; EDNESS OF SAID CITY FOR THE ACQUISITION,,
CONSTRUCTION COMPLETION OF THE FOLLOWING MUNICIPAL
IMPROVEMENTS,.T.O WIT: (A) NEW CENTRAL LIBRARY; AND (B)
PARK 'AND RECREATION :IMPROVEMEN.TS'; DECLARING THE ESTIMATED
COST OF SAID MUNICIPAL IMPROVEMENTS,,AND EACH OF THEM,
THE AMOUNT OF THE PRINCIPAL OF SAID,INDEBTEDNESS TO BE
INCURRED THEREFOR, AND'THE'MAXIMUM RATE OF INTEREST TO
BE PAID THEREON.; MAKING PROVISION. ,FOR THE LEVY AND
COLLECTION OF 'TAXES FIXING THE DATE OF SAID ELECTION
AND THE MANNER OF HOLDING THE SAME AND PROVIDING FOR
NOTICE THEREOF.
WHEREAS; the Council of the'City of Petaluma by
resolution duly passed 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 in-
terest and necessity demand the acquisition, construction
and completion of the ,munc
pal. improvernents, and each of
them, hereinafter mentioned., and did further determine that
the cost of proposed municipal impr_•pvements, and each
of them, Mill 'be .too •great to be' pa °id out of the. ordinary
Ki
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annual, income :and :revenue. of said 'munic'ipality and that
each of saidmun cipal improvements will require an expen-
diture greater than the amount allowed therefor by the
annual tax levy, and will 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,
THE COUNCIL '.OF THE CITY OF PETALUMA DOES ORDAIN
as follows:
Section 1 . A special municipal bond election shall
be and is hereby ordered and will-,be held in the City of
Petaluma (the "Ci- ty "') on Tuesday, March 5, 1974, at which
election shall be submitted to the qualified electors of
the City the.question of incurring a.bond'ed indebtedness of
the City for the objects and purposes set forth in the
following measures, and each of them, to wit:
CITY OF. PETALUMA BOND MEASURES
MEASURE (A) Shall the City of Petaluma
New. 'Central incur a bonded indebtedness in
Library) the principal. amount' of '
$750,000 for the:acqusition., YES .
construction and completion of the following
municipal improvement, to wi,t A new central
1 "ibrary, including site d.evelopmeht, land-
scaping and par-king area, together with equi '
meat, furniture and fixtures,, lands, easements
and, rights -of -way,; and. other wor ks, property
,or structures necessary or convenient for a.
, new c',entral � Library for the City of 'Petaluma ? '
;NO'
;
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MEASURE ,(B) Shall the City of Petaluma '
: (Parks and incur a bonded indebtedness '
Recreation) in. the pr -1 amount of '
$1,900,000 the , acquisi - YES
tion, construction and completion_ of the '
following 'munic,ipal improvement, to wit;; Park '
and recreation..improvements, inc lud ng.acq.0 - '
sition of land; development of new parks,, in- '
cluding fill, grading, and other improvements; '
improvements to existing parks; equipment,
furniture,, landscaping, lands easements and '
rights -of -way; and other works, property or
structures ne- cessary or convenient for park '
and recreation improvements for`the City of '
Petaluma?
NO
The estimated cost of the municipal improvement
as set forth in Measure (A) (New Central Library) is the sum
of $1,250,000 and the amount of the indebtedness proposed to
be incurred for said municipal improvement is the sum of
$750,000. It is contemplated by the.Council that the differ-
ence between the estimated cost and .-the amount of said indebted-
ness will made up from moneys to be contributed by the
County of Sonoma, but. the council - reserves the right to provide
otherwise for the payment of said estimated cost, or if
said moneys are not available; to. reduce the cost.of said
municipal improvement to the amount to "be provided from
the proceeds of sale of said bonds together with other funds
act.ua'lly.available for said.improvement and -said estimated
cost herein set forth ,shall not be deemed to constitute a.
limitation or condition upon the issuance of any of the
bonds authorized.for said purpose,.
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The estimated
as set forth in Measure
the sum of $'1, 90,0, 000 ai
proposed to be, incurred
the sum of $1,9'00,:000:
The estimated
cost the municipal improvement
(B) (Parks..and Recreation) is
ad the amount of the indebtedness
for said municipal.improvement is
cost hereinabove stated of each
such municipal improvement includes legal and all other
fees incidental to or connected.with the authorization,
issuance and sale of the bonds evidencing the indebtedness
proposed to be incurred for such municipal improvement and
the costs of'print ng said.bonds, and all other costs and
expenses incidental to 'or connected with the authorization,
issuance and sale, of said' bonds.
Section 2 . The Council does hereby submit to the
qualified electors of the City at said special municipal
bond election said measures, and each of them, set forth
in Section l of this ordinance, and designates and refers
to said measures as the measures to'be set forth on the
ballots hereinafter prescribed 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•forI the holding of municipal
e;le;ctons in the City.
(b) All persons qualified to vote at municipal
elections in the City upon the date of the election herein
provided for shall be. 'qualified to vote upon the measures
submitted at said special municipal bond election.
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(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 kept open continuously
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
officers shall thereupon proceed to canvass the ballots
cast thereat.
(d) For the conduct of the election, the City
will be divided into special election precincts. Said
special election precincts and polling places therein
and the election officers appointed to conduct the election
thereat will be; designated by supplemental ordinance to
be adopted by . the.council prior to the election.
(e)- 'The ballots to be used at said special
municipal bond election shall be substantially in the fol-
lowing form, to wit:.
5
No. This number zhall be torn MARK'CROSS ( +) ON BALLOT
off 'by Insp'ect:or and : .ON`LY. WITH RUBBER STAMP; :
• handed 'to the Voter) A R'TT H R ,`ILe
No. (ABSENTEE BALLOTSMAY BE
• Y AND I_ NK
•
MARKO
• OR PENCIL
(Fo ballot to this
perforated line., leaving
top margin exposed.) :
e • e • e •. . .• o .. e • • e s• o e e r e • e e • • e e e:
MUNICIPAL BALLOT
• SPECIAL MUNICIPAL BOND ELECTION
• CITY OF PETALUMA
• TUESDAY, MARCH 5,:1974
• INSTRUCTIONSTO VOTERS To vote on any measure, stamp a
c:ros;s . (, +) in the voting square
after tfie 'word "YES' or after
• the word "NO" All marks except ;the cross ( +) are
forb,idden All d ,st.ingu tshing marks or erasures are
forbidden and make the ba:llotvoid• I,f you wrongly stamp,
tear or deface this ballpti return it to the Inspector of
Election and ..obtain another. On absent voter ballots
mark a cross M with pen or*,pencll.
MEASURES SUBMITTED 'To VOTE OF VOTERS
• New Central incur a bonded indebtedness MEASURE W: Shall the Cit. o.f P YES
btedness in
Library), the principal amount of
$750,000 for.the acquisition,
construction and completion of the following
municipal mprovement, to wit: Anew central
library, including s.te,development, land-
sca in, and parking area, together with equip
p g
menu., furniture and fixtures, lands, easements
and rights-- of- way;.and other works, property
or structures necessary or convenient.for a
'new central library for the 'City :of Petaluma,?
NO
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MEASURE -,(B) : Shall the City ' - of Petaluma '
Parks and incur a bonded indebtedness '
Recreation) in the principal amount of '
$1,900,000 for the acquisi- YES
Lion, construction and completion of the '
following municipal improvement,, 'to wit: Park '
and recreation.mp"rovements', including acqui- '
sition o_f land.; development:o.f new parks, in-
eluding fill, grading, and other improvements; '
improvements to existing parks; equipment,
furniture, landscaping, lands, easements and '
nights -of: =way'; and other works, property or
structures necessary or convenient for park '
and recreation improvements for the City of '
Petaluma ? - NO :
(f) Each voter may vote on any or all of said
measures. in any precinct in which'Votomat c or Accuvote
ballot cards are used, to vote for any measure hereby sub-
mitted and for incurring sas bonded indebtedness, each
voter shall punch the ballot card in the hole after the word
"YES" to the right.o.f .said measure, and to vote against said
measure and against incurring; :said indebtedness each voter
shall punch the.ballot:card in the hole after the word "NO"
to the right of said measure. Where paper ballots are pro-
vided for voters., to vote for:any measure hereby submitted
and for incurring said bonded indebtedness each voter s hall
„mark an X after the word "YES" on the ballot to the right
of saiid measure, and to vote against said measure and against
incurring,said indebtedness, each voter shall mark an X after
the 'word "NO" on the ballot to the right of said measure.
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Absent° voter ;ballots setting, .forth said measures', and each
of them, shall be issued to qualified electors residing
within the City entitled thereto, inthe manner provided
by law, and such absent voter ballots shall - be canvassed
by the City Clerk of said City.
(g) On the first Tuesday after said special
municipal bond election the Council,shall canvass the
returns of said special municipal bond election and cause
to be spread upon its minutes a statement of the results
of said special municipal bond election as ascertained by
said canvass.
Section 3 .. The Council proposes to issue and sell
bonds of the City for the objects and' purposes,.but not ex-
ceeding the amount specified in said respective measures,
if two- thirds of the qualified electors voting on each sep-
arate measure at said special municipal bond election shall
vote in favor of each of said measures; provided, however,
that the votes cast for and against each of ,said respective
measures shall.be counted separately and,, when two - thirds.
of the qualified electors voting on any one of said measures
vote in favor thereof,. such measure shall be deemed adopted
l
and bonds of the City in the ag.gr` amount ,specified in
the measure or measures which carried by the affirmative
vote of two - thirds of the qua,lif -ied electors of the City
voting on said measure or measures at said election shall
thereby be authorized to be issued and sold for the objects
and purposes 'specified in said measure or measures which
received such affirmative ; number of votes-
L-11
Said bonds shall be negotiable in form and of the
character known as serial, and shall bear interest at a rate
not to exceed seven percent (7%) 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 bonds as follows: At
the time of making the general tax levy after 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 all 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 election, 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 would be available to pay such principal or inter-
est, the Council, at the time of fixing the annual tax levy,
may levy.a tax in'an amount clearly sufficient to pay that
portion of the principal of and interest on said bonds which
it is expected will become due.before the proceeds of the
next succeeding tax levy will be available. If the earliest
maturity of'the bonds s'more than one year after the date
of issuance, the Council shall levy and collect annually a
tax sufficient to pay the interest as it falls due and.to
0
constitute 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 addition to
all other taxes and ; shall be used only ,for payment of the
bonds and the interest thereon,.
Section 4 , The City Clerk of the City is, hereby
directed, upon the pa=ssage and-adoption this ordinance,
to publish the same,once a d'ay`for"at least'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 other notice of'the election hereby
called need be,given.
Section 5, This ordinance shall be.forthwith
entered upon minutes of the Council and in the Ordinance
Book of the Ci;ty.' This ordinance, being an ordinance call-
ing and ordering an election shall take effect from and
after its adoption.
PASSED AND 'ADOPTED this 1.7th day of December-,
r
1973, by the following vote
AYES: Councilmen `BRUNNER,, CAVANAGH, JR., DALY, HARBERSON,
MATTEI., JR., AND 'MAYOR PUTNAM
NOES: NONE'.
ABSENT: NONE
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CLE'RK'S CERTIFICATE
I`, LILLIAN `N.OMMSEN,,, City' Clerk of the City of
Petaluma; California,do hereby certify as follows:
The foregoing ordinance is a full, true and correct
copy of an ordinance introduced and read at an adjourned
regular meeting of the Council of said City duly and regu-
larly and legally held on December 11, 1973, and said
ordinance was thereafter duly.passed and adopted.by a vote
of at least two- thirds of all of the members of the Council
at a regular meeting of the Council duly and regularly and
legally held at the regular meeting place thereof on Decem-
ber 17, 1973, of which meeting all of ° the members of the
Council had .due notice, as follows=
P,YES : Counc
Brunner, Cavanagh, ,Tr., Daly, Harber'son,
Mattei', Perry, Jr., and Mayor Putnam.
NOES: None.
ABSENT: None.
I have. carefully compared the same with the original
minutes of said meeting on file and Of record in my office
and said ordinance is duly entered of record in the minutes,
of the Council and,in the Ordinance ;Book of said City, and
e
the foregoing is a full, true and corree;t.copy of the original
ordinance adopted at said meeting and entered in said minutes
and Ordinance Book;
Said ordinance has not'been amended, modified or
rescinded since the date of its passage and `tliat the .same
is now in full 'force and effect,.
Dated: December 17, 1973.
f2 L�
. h Clork t e City o .Peta. uma,
California
[SEAL]
T, hereby certify thati'the within ordinance was published. in "full, .once in the. ;Petaluma flrgus�Courier; a 'daily' paper-- of
general circulation u_bhshed De cember 15th
p_ w�th`in the City of Petaluma, to %wrt ..__... - .:: _ 1.9:7..
i, and, that the'said ,Petaluma Argus- Courier is the - off icial newspaper of the City. +of Petaluma. -'
t, I hereby certify that the whole number of, members pf" tlie" Council. of the City of Petaluiiia is seven, and. that the
fo"rego"ing, ordinance - was passed `by tb�e Council. at "its' meeting of ....... .11th ... ... _, ,day of .._p£' I(lb x- ...............
19._7 following• vote; tp -wit:, „
AYES: COUNCILMAN_ _ _... Brunner
.................. ...... COUNCILI4MAN. HarbeY S'
M
AYES': COUNCILMAN Caa
vnagh Jr COUNCILMAN attel
AYES: COUNCILMAN - T). a :... M 'COUNCILMAN; :� ....... ............
MAYOR .,.
Putnam_
NQES; None '
............ . .•- •• -- .....................
ABSEN None �.
T: .. -- -- -• --
(SEAL) y :, CIT,Y+CLER-K
t; The $ g fore g ojn Ordinance Numberl� 21 NeW Charter Series, having
hereb aroved
b ar passed and presented, to me
17th Decembers 73 17`th
1 this ..... .. ..............:. day of ... z 19 Y 0 y' me this -- - -- - ...... day
December 73 December 17. 1973
Qf... -; ,1`9........ Effective date_ - -....!
_ .
MAYOR