HomeMy WebLinkAboutOrdinance 1154 N.C.S. 08/19/1974INTRODUCED .BY
CO1i*LMAN
Ono-
ORDINANCE' NO.
SPONDED BY
1154 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 COMPLETION OF THE FOLLOWING MUNICIPAL
IMPROVEMENT, TO WIT; PARK AND RECREAT:I'ON IMPROVEMENTS;
DECLARING THE ESTIMATED COST OF SAID MUNICIPAL IMPROVEMENT,
THE AMOUNT OF THE PRINCIPAL OF S'AID.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 aff °i'rmative vote of
more than two - thirds of all its member's, did determine
that the public merest, and necessity demand the acquisi-
tion, construction and completion of the municipal improve-
menu, hereinafter mentioned, and did further determine that
the cost of +said- proposed municipal. will be
too great to be paid out of the ordinary annual income and
revenue: of said municipality and that said municipal
improvement will require an expenditure greater than the
amount. allowed.there.fore by the annual tax levy, and will
require the incurring of a bonded indebtedness therefor,
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LMAN
a ��
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;
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
PETALUMA AS FOLLOWS:
Section 1 . A special municipal bond election
shall be and ishereby ordered .and will be held in the City
of Petaluma (the "`City. ") on Tuesday, :November 5, 1974, at
which election shall be submitted to the qualified electors
of the City'the question of- incurring a bonded indebtedness
of the City for the object and purpose," set forth in the
following'measure, to wit:
CITY OF PETALUMA BOND MEASURE
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MEASURE ( ): Sh'all.the City of Petaluma
: (Parks and incur a bonded indebtedness
Recreation.) in the. principal amount of YES
: $;2,20'0.,0.0:0 for the acgui,si-
tion, construction and., completion ,of* t;he
:following municipal' improvement, to wit: Park
and recreation,,improvements, including .acqui- •
€sition of land; development of new parks, in-
eluding fill, grading, and .other improvements; ;
t improvements to'existing parks; 'equipment, ;
furniture, landscaping, lands, easements and
rights -o.f -way; and other works, property or ; -
structures necessary or convenient for park
and recreation improvements for the City of NO
Petaluma?
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The estimated cost of the municipal improvement
as set -forth in said measure is the sum of.$2,200,000 and
the amount of the indebtedness proposed to be incurred for
said municipal improvement is the. sum o,f $;2;200,000.
The estimated cost hereinabove stated of such
municipa'l 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 mu icip_al ;improvement and the
costs of printing said bonds and all :other costs and
expenses incidental to or connected with the authorization,
i- ssuance. sale of said bonds.
Section 2. - The Council does hereby submit to the
qualified elec�tors 'of: the City at said special municipal
bond election said me'asur.e set forth in Section 1 of this
ordinance, 'and designates. , and refers to. said,measure as
the measure,to be set forth on the ba- 1-lots 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'for the holding of municipal
elections 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 measure
submitted at said special 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 kept open continuously
thereafter until 8:0,0 o'clock P.M. of said day of election,
when the polls shall be closed (except as provided in
Section 14.436 of the Elections Code;), and the election
officers shall thereupon proceed to canvass the ballots
cast thereat.
(d') Said special municipal bond election hereby
called shall be and is hereby consolidated with the State
of California General .Election to be held in the City on
November 5,'1974, all as required`by and pursuant to law;
and the election precincts, polling places and officers
of election within the City for said special municipal
bond election hereby called shall be the same as those
selected and.d`esig.nated by the Board of Supervisors of
Sonoma County for*said General Election and set forth or
to be set forth in the notice of election officers and
polling places for amid General.Election published or to
be published the County Clerk of said County, as 'required
by law,,.to which notice reference is hereby specifically
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made for a designation -of the precincts, polling.places,
and election officers of the special municipal bond elec-
tion hereby called. Only qualified voters of the City shall
be permitted to vote'at said special municipal bond election.
The Board of Supervisors of said County is authorized to
canvass, or cause to be canvassed, the.returns of said
special municipal bond election with respect to the votes
cast in the'City and to certify the results to the Council.
(e) On the ballots to be used at said General
Election and said special municipal bond election hereby
consolidated therewith, in "add?ition to all other matters
required by'law'to.be, printed thereon, 'shall appear the
measure set forth in Section l' hereof. In any precinct
in which Votomat°ic or Accuvote ballot'`cards are used, to
vote for any measure hereby submitted and for incurring
said bonded 'indebtedness., each voter shall punch the ballot
card in the hole after.the word "YES" to the right of
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 provided for
voters, to vote;fo.r anyymeasure hereby submitted and for
incurring said ; bonded indebtedness, each voter shall mark
an X after the.word "YES`" on the ballot to the right of
aid 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. Absent voter - ballots setting forth said measures;
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and each of .them, shall be issued to qualified electors
residing within the City entitled thereto.., in the manner
provided by law, and ,such absent voter ballots shall be
canvassed or caused to be canvassed by the Board of Super-
visors of Sonoma County.
(f) At the next regular meeting of the Council
occurring after the returns of said special municipal bond
election have been canvassed or caused to be canvassed by
said Board of.Supervisors and the certification of the results
thereof to the Council, or at a special meeting called there-
after for such purpose, the Council shall cause to be. spread
upon.its minutes a,
municipal bond elec
Section
sell bonds of the
not'exceedi'ng the
two - thirds of. ithe,
statement of the results"of said special
ion as ascertained by said canvass.
3.. The Council proposes to issue and
City for the objects and purposes, but
amount specified in ; said measure, if
.qualified' electors voting on said measure
at said spec =al. municipal bond election shall vote in favor
of said measure.
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
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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 le will be available;
�'I' provided, however, that if said
bonds arb'autfiorized'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' a 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 availab 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 sufficient to pay the interest as it falls due and to
constitute a sinking fund for.th'e payment of the principal
on or before-maturity. Such .taxes shall be levied and
collected :as other Gity taxes and shall be in addition to
all other taxes and shall be used only for payment of the
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bonds and the interest thereon.
Section 4 , The City Clerk the City is hereby
directed, upon the passage and adoption of this ordinance,
to publish. the same once a day` for" at least seven (7) days
in` the'PETALUMA A.RGUS- COURIER; - which is a. newspaper of
general circulation published, at least six '(6) days a week
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the and such.publicaton shall constitute notice'
of said.
election. No other notice of.the election hereby
called heed'be gi'ven.,
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Section 5. This ordinance shall'be forthwith
entered upon the minutes of Council and in the Ordinance
Book of the City.. This ordinance, being an ordinance call-
ing and ordering an election shall take effect from and
after its adoption.
PASSED AND ADOPTED .on August 19th.,1974 , .
by the following vote,:
AYES: Councilmen Cavanagh, Jr., Daly, Mattei, Harberson,
Perry, Jr., and Mayor Putnam.
NOES: None.
ABSENT: Councilman Brunner.
lap
Mayor - of: the City
Attest:
City Cl rk
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CLERV'S CERTIFICATE
I, MARJORIE J. WILSON ", City Clerk of the City of Petaluma,
California do hereby -
California, y as follows:
The foregoing ordinance is a full, true, 'and correct copy of.
" an ordinance introduced and read at a:regular meeting of the Council
of said City duly and regularly and legally held on August 5, 1974, and
said ordinance was :thereafter duly passed and adopted by a vote of at
least two- third's 'of all of` the members' of the Council at a regular
meeting of the Council duly and. regularly and Regally held at the'
regular meeting place thereof on August. 19', 1974,•, of which meeting all
Of^ the members o the, Council had' due n ot, i'ce,, "as ,
AYES:. Councilmen. Cavanagh., Jr., Daly, Haiberson, Mattei,
Perry, Jr., and.Mayor Putnam..„
NOES: None.
ABSENT: Councilman, Brunner.
' I have • ca refully 'Compared 'the' same with th original
minutes of said ' meeting on file and of record in my office and said
duly entered ' in.the minutes of the Council and of;record
ordinance is du .
"in 'the Ordinance Book of said City, and,. the 'forego;ng is a full, true
and correct copy of the o r igin al ordinance adopted at said meeting
and entered in said :minutes. and Ordinance Book;
{
Said ord trance, has not been amended, modified or rescinded
since the' date; of �,i -ts passage : and• that ,the; same is now sir. full ,force
and effect.
Dated,: August 19�, 1914
City Clerk of the City of Petaluma