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HomeMy WebLinkAboutOrdinance 938 N.C.S. 05/12/1969INT ;RODUCED- BY COU?NTC,1L_MA11T IRI G I N A L CITY OF PETALUMA ORDINANCE NO. 938 N.C .S. AN ORDINANCE', CALLING'A SPECIAL ,MUNIC.IP,AL BOND ELECTION IN THE CITY OF PETALUMA FOR THE ,PURPOSE 'OF SUBMITTING TO THE ELECTORS OF SAID CITY THE MEASURES OF INCURRING A BONDED INDEBTEDNESS OF SAID CITY _FOR, THE ACOUISITION, CONSTRUCTION AND COMPLETION OF =THE FO;LLOWI MUNJC:IPAL IMPROVEMENTS, AND EACH OF THEME, TO WIT: FIRE. STATIONS, POLICE FACILITY` IMPROVEMENT, PARK.. SI.TE:S AND, IMPROVEMENTS, STREET WIDENING AND IMPROVEMENTS AND ,STREET IMPROVEMENTS AND OVERCROSSINGS;: DECLARING THE, ESTIMATED COST OF SAID MUNICIPAL IMPROVEMENTS, AND EACH OF TH X' THE AMOUNT OF THE PRINCIPAL OF SAI INDEBTEDNESS' TO BE INCURRED THERE- FOR, AND THE MAXIMUM RATE OF INTEREST TO. B F PAID THEREON; MAKING -PROVI'S'ION • F.OR' THE .LEITY AND COLLECT -ION' OF TAXES; FIXING THE DATE OF 'SAID ELECTION, THE MANNER OF HOLDING THE SAME, PROVIDING FOR NOTICE THE;RE.O;F, AND CONSOLIDATING. SAID SPECIAL MUN °ICIPAL BOND ELECTION WITH THE GENERAL MUNICIPAL ELECTION TO BE HELD ON JUNE 10, 19469 WHEREAS,, the Council of the City o;::f 'Petaluma by resolution duly passed and adopted at a. meeting of the Council duly and regularly held;, by affirmative votei:o:f more than tw.o- th=irds of all its members, did d'et :ermne that the ,pub,lc in;te:r- est and ne :ce,ssit;y demand the acquislit on,, cons,t:ruct bn_ and 'com- pletion of the - municipal improvements,, and each of here- in mentioned, and did further, det:e:rmine that the cost of said proposed m'uni'cipal ,improve me nt =and. ,eac'h of them, will. be 1 too great to be paid :6ut dt the ordinary annual, income And rev- ,e L nue of said municipality t and that each of saild municipal im- prolvements will require an expenditure greater than the amount allowed. therefor 'by the Annual tax levy',, and will require the. or ,incurring of . a bonded .-!n.d6bte.dne theref .1 ,, which resolution was duly entered on th'.e minutes of said ; meeting of the Cb'Uftcil, and is now on file and of record in they C lerk' s; b f fi ce of =said City; NOW, THEREFORE, FEE IT ORDAINED BY THE COUNCIL �OF THE CITY OF PETALUMA AS FOLLOWS: Section 1. A. special municipal- bond 'e--le,ct-ibn S'hall b and is hereby ordered and will, be :-held in. the City o Petaluma (hereinafter called, "the - ,Qiti"") on T,ups June 10, 19 at which e�lection shall be submitted' to the qualf ied e"Iectors i Indebte:dries4s of of the City the question of incurring a bon ded, the City for the ob,j,e, and purposes -set forth i,n the follow- ing measures, and each, of them., to wit-!- MEASURES, SUBMITTED TO vbT OF v.6TFR MEASURE �(A) Shall t he hfe City of (Fire StAtIons) PetaIuma incur a bonded indebtedness in the - pi-incip4l amount of $11' 85',B00 for the a,cquizI-ti,dr cons;tructi,cin and completIon of Fire stations, including the enlargement, and improvement- of the, pres, main ffre, s'tat,ion, and the Construction of a new fire station on .the East side - of Peta together-wI-t . h fixtures, furnishings, equIpmen't and appara- tus; and the acquisition of neceszarV land therefor,; and other wo - property br structures, necezzary or convenient for ; stati-Ofts for the City of' Petaluma ?, '2 MEASURE (B`) - .Shall the City of Pohi..ce Facility Petaluma incOrl a Imp'ro ement.) bonded i_n:debtednegs in the prpal amount of` $ °g' fa the a cquait;ion:, con- strsuction and completion of .the following municipal improvement, to w;t Police facili:t,y imp'ravd�me "nt, in`c.l.ud' ng the en- largement and improvement o:f th'e present police facility, together wi`t'h fixt,ure_s, fur.nishinps, equipment and apparatus there- f and Ot her' wo rks, prdpe. or st °ruC't,ures nece &sary or 'convenient; for a, pollc,e facility improvement for the City of Petaluma? MEASUR (C,) : Sha "11 th'e Ci,t:y of Park .Sites and Petaluma incur a. Improvements) bonded ndebtednes,a in the principal amount of $100 'for the , a.cquis'ition c:on- struction and completion lof the foa ;owing municipal improvement, to wit: Park,s'ites and, improvement!s n;cluding th'e acqu ,s it:on of add' tibilal park sitces and the improvement of existing parks, together, with e qiPm'en and apparatus t<here and otber works; property or . structures: necesswy or' con_- venient for park sites and improvements for the Cty..of Petaluma? MEASURE (D) Sh °al;l the Ct;,y of Street AWid "e-nln'g; Petaluma -incur a and Improvements) bonded "indebte.dness in the prin amount 'of t'l,'58;0,0'00 for t;he acq`uisi "ti.on construction and completion oaf the fo'llfowi -rig municipal imp roveme,nt, to wit: Street wid- en i ng, and -improvements , ncl`udirig the vl,d- ening',, rel.oc'avlon and improvement of Pet- a , Boulevard, North% from. D' Street to Pro;spec!t. Street: and the, widening, and. 'improvement o %'f Was'hingto'n Street from K'entu Street to Keokuk street, tor•ether with street' 1-ighta, t:raff'e signal,s., curbs and gutters and. the acquisition of ;ne,ce "s&ar„y lands 'and, e'as therefor; and other works, prppert;y.or strop Lures, nec'e sa -ry 'or convenient for, s,t,reet 'wid erring` and improvements for the City of Petaluma? MEASUR (E) Shall t.kre City .qf - Street Improvements Pe;taluma incur ,a and Ov'ercros ?s, lngs) bonded i <ndebt:edness in t,h'e pr;inc ;pal am=ount of -$1,295,,0'00 for th•e a60uis ;itio:n, con•st.ruc'tlon and completion, of th,e foll,o,w municipal improvement; `tb. w .t Stt improvements and o,vercro,ssings, inc:l,ud-ing, . the improvement of Caulfield Lane, together , ;. w. tri an overcros slag. over U. _Haghwa'y 101 and the wideming and iriiprdv,ement of Lakeville H gh,wdy, extended to ,Hopper Street and D Street, to Petaluma. Boulevard South t�oget:her wilt h a ,ne.w bridge, rate D St°r-;eet across the Petaluma River and a. p;ed ;est,rian ove;rcrossing, over U. S:. , Highway 101 .in the vicinity of .t`he washin ton Street over ;croslzing',; tog,e"th with .s-treet lights, traffic signals:,, clurbf.5 and gu'tte'r:s and the acqu' s ition. of nece_s lands and e:a +se- ments, therefor; and other works,, ;property or structures nece- ssa-ry or convenient for st;,ree't improvementz and overcro sings for t`he Gi,ty of Petaluma? The es,timated, cos;t of the municipal Improvement as set, forth in Measure (A) (:Fire 'Stations,) is the sum, of $185, 00 and the amount of the indebtedhesz proposed to be incurred for said municipal ImprbvemOrIt sum of $1,85,000. The, estimated cost of the munlqigal 'improvement as set forth in Measure. (B,) (`Po ice. Fddility Impr is the sum of $ 'indebtedness pro- . ,,.QOO and the amount of the 'Indebted posed to be incurred for said municipal. I mprovement is the: sum of $45,0;00, The .estimated cost of the municipal im P rove,ment as set 'forth in Measure (C)' (Park Sites and Impr&vementz' is - the sum of $100,000 000 and the amount' of the Indebtedneas praposed to be incurred for said municipal, improvement is the sum Of $10 0,000.. The estimated cost o,f.t mu i'l m pal improve as set 'forth in Me,:as (D) (StreTet [ And Improvements) is the sum o f M - $I',,5&0 'an d 'the a �of the prop,osed to be incurred for said mun 1 c Ipad, im p rovement is the sum of $1,580.,0`00. The estimated cost of the muniaipal improvement l as' set forth in Measure (E) (Street _ImproveInents and OverarossIngt) is the -sum of and the amount' of the 'indebtedness' proposed to be. incurred for said municipal Improvement. is the sum of $1. The es'ti mat'ed mated. c�os,t here stated of each such municipal improVennent includes legal and all o ther , inzi.- dental to or" connected with the aqthori.zati.on, issuance; and sale of the bonds evi-denaing the indebtedness proposed to be incurred for such munibeipal improvement and the costs .of print:-- ing said b,o4(4s and all, other costs and expenses incidental ntal to or connected with the authorization, is and sale, of said bonds I 4 Se�ctton 2.. The Council doe:S he;reb,y submit t.b the b qUalifte'd eleatbrs of the City at Said, special mun - icip I bond 0 election said 'measures and each o,,.f threik,, set forth in section 1 of this ordinance, and designates and re,fers to -sai_dmea&ure,s ry In the forme of ballot hereinafter pre,st­rib:e:d for Use at, said election. (a) 'Said special murAcival bond elect- oh shall. be held and conducted; and the votes thereo.f canvas.sed, And the returns t.hereoT',m and the 'result theroof ascertained. and deterrftined, a ,.Z;h6re.in provided,-,-, and: In, all partfculars not prescribed by t1ji,s - ordinance,.,,s:aid election shall be held as provided by law' for t-te'h,01dinK of municipa'l e,le,ctions, 1. n the CIty. (b) A;.JL Alifled �o I persons qU-11 t vote at municipal elec- t1ofts in the he Citry upon the date, of the, e1e:c-ti'dft herdin provided f or shall be qualifie to vo,,t upon the measures submitted at said zpecial muni:ci.pal pond e1e;ctioq, (c) The polar at. t PPIL he 1-ITIg places, hereinafter designate,d shall be opened at 7:00 o"'oloc'k A'.V of said day of election and shall be kept open continuously' t until 8::00 o' clock .P.,K. of said day of el-e:cti.on,,, when the polls shall be closed (except as provided in Section 1443 of the 'Elections Code) and the�, elett'16n O:fficers.:, shall thereupon proceed 'tIo canmas's, the ballots. cast thereat'i (d)' S ad d [special municipa-1 h0nd election 'he-rOy called sha be and is hereby aonsolidat with the- deneral Municipal Election to 'be held in the, City on-,June .10 109', all as require d by and pursuant to and the ele nre-- cincts, p6lling places and officers : of election 'within the City for said spe.cial 'municipal bond ele;ct.ion hereby called shall be the 'Same as those selected and designated' 'by the C"bUftc1l for said General Municipal Election', by its Resolution N 52,17 C'. S. 5 entit.le'd' ",RE;SO1 UTIGN qALL,ITTG AND PROVIDIN;G, FOR A RF,'(73ULA _F MUNTC,IPAL ELECTTON TO, BE HELD, ON JUNE 1,0- 1869 : 1NGLUD`INQ;',Tj1E PETALUMA. 'H1GH 'SCHO D , I`ST RICT FOR THE PURPOSE OP. ELECTING PUBLI Z OFFICERS;. TO 70T - E ON' PROPOSED AMENDMENTS) TO' THE. :CITY CHARTER OF TJJE CI I TY OF P I ET - AL . U�MA TO' AM I END ARTICLE IV, 'SECTION' 25, TO GIVE THE BOARD OF: - LIBRARY TRUSTEES CERTAIN , POWERS TO CONTRACT, A ND TO AMEND ARTICLE VII,, SECTION 45, TO PROVIDE MEANS 07 UBL1CATION OF ORDI- NANCE":') TO VOTE ON CERTAIN BOND MEASURES; D8'S; THE PRECINCTS AND POLLING PLACES FOR SA TD. E LECTION; APPOTNTIN Q, ELECTION OFFICERS A ND PR OVID- ING 'FOR NOTICE T1,11E-REO_t' p al,s-,s,e d and adopted on, 1,11ay 5, 196,9-, to which- re-so- lution reference is hereby spelcifically made for a de!aigpation of the pre- cincts, polling place,s and elelction 7offlalers of the sn.eb,ial muh bond e•le-cti,bn hereby called. Li Only one form , of ballot sha1l, he used at said General Muni,cipal Election "and '8,A1 d s ecial mlyni6ip. 1 bond election hereby consolidated therewith wh1.ch addition 1-on 't o "Al other he 'matters required ;n addit - by law to be printed thereon, shall s t, a t � e the meas, each of urez an d ,them, :set forth in Settlon i h.ere,o In all precincts where voting machines will be Used. at said special municipal bond e'lectio the- bal- 'lots shall be in the form required b law,, and said, voting, :mach and the preparation 'thereof shall comply in all -res, p,`ect�s, with the app provisions. of 'law-, and in ad ditioh 'to any pt- matter required by law, there shall appear on the front 'of each Vot'ihg ma or chine the measures authorized: ddnde'n8ed statements thereof s'et f6rt'h in, Seotion. 1 hereof. Where paper ballots are i1s,e4 at said' ele each voter to vote for an y measure -hereby submitted and for' incurring said bonded. ind?ebtedneas shall, stamp they nk, bl space opposite, amp a cross in- a the word _!!YES," on the hallot 'to the right of :said measure, , a`nd to vote EC94in'st any me,asure and, against. incurring said indebtednes s s, ,s stamp A cross (4-) in t;he blank s�p&ce, on o pos word. "NO" p site he t the'ba-,I'lot to the; right of said ;measure provided, however, that 'on absent voter ballots the crosz may be park;e,o with pen -or penzil.: Where voting machines are used at zaid-ele:ction each vote:r to vote! for any measure hereby Asuhmitte.d and for incurring 'Said, bonded ind,obtedness shall pull down, a voting pol`niter over the word "'YES1 over or near -sai,d measure appearing on the front of the - mac hifte and pull 6 1 t the 'operating lever,, and t?o vote a p;ainpt Any measure and against' incurring said bonded, ihdcibtedness shall p:uIl down a, votirig pointer 'over the word "NO" over , near said measure appearing on the' front of the machine and pull the operating lever. (g) The returns of said elect .on shall, be made out and signed by the election oLff­'i;Cers 'and shall be by them deposited with the City Clerk; and the GouncIl shall meet at its usual meeting, place and canvass said returns on Monday, the 16th day of June 196 at the hour of 8:,00 o°' P.M. and declare the result of said 61edt-Io Section 3. The Council propos to issue and sell bonds of the City for the res pectIve obje - and purposes, but ,-, ct not exceeding the respective amounts:, "specified An said respec- tive Measures' if two - thirds of the 'quall,fie'd electors voting on each separate measure at said S.pe(jisal nun' ,ci,pal bond ejec- tion s1hall vote in favor of each of said measures; .provided, however, that the votes cast for :and aga I i-ns:t each of said re- spective measures shall be counted separa:.tely and, when two- thirds of the qualified electors voting on any one of such measures vote in favor thereof, such measure shall be, deemed adopted and bonds of the -City in the, ae - 'ep* amount spec g�gr _,at,e an.o 'ified in the measure or measures which carried 'hy the affirmative vote of two - thirds of the qualified e,lect\ors of the e Gity voting on said measure or meas at said election- shal I thereby be authorized to be issued and sold for the objects, and purposes specified in said measure or measure 's 'whi,dh received -suc'h af- firmative two= thirds vote. Said' bonds shall be ne:got,iab.le, In form And' the character known as, serial,, and :shall bear inte at a.rate not to exceed six (6) per cent per ann semiannually _u -, payable (except that interest , for the first i year after the date of said bonds may be made payable at or befo.re. end of said year Provision is hereby : made for the payment of the principal of 7 it and in.tIerez't on said, bonds as fol'lowa:; At,.:t-,he time 6f -mak-ing the general tax levy after incurring the, bonded indebte:dne s s and annually therea-fter until the hond are paid or until there is a sum in the_�tiiea ury set apart, for r that purpose sufficient to meet all payment's Of principal and interest on the bonds as they become due., the 'Council zhall levy and collect a tax suf- ficient to pay the iq on the bonds and such part of the principal as will bedome due before the proceeds of a'tAx''levied at the next general, tax levy will 'be, available; provided, how- ever that if said bonds are authorized, to be issued at said elect-i,on' and it is' s e that :all or any part of said bonds will be sold at such time that the prihdipal of or interest on such bond's will become due before the proceeds of ' a tax levied after such sale would be available to, pay such principal or terest, the Council, at the time of fixing the annual tax levy, may levy a tax, in an amount . clearly suffi,.cient to pa . y that por- tion of the principal of and inter6ati, on said bonds which, it is expected will become due before the proceeds of the next suc- ceeding tax . levy will be available.' If the earliest, maturity of the bonds Is more than one year af - t the date of issuance, the Council shall le,yy and colle annually a tax sufficient to pay the interest a's' it falls dueand t constitute a sinking fund for the paymen.t of`the principal on or- maturity. Such taxes shall be. levied and col:lected as other City taxes and shall be in addItion to all other - ta xes and shall be used , only for payment of the bonds and the. interest thereon,. Section 4. The City Clerk of the City Is he.'rebY directed, upon the passage and adoption bT this brdinande, to publish the same once a day for at least seven (7) days in the Petaluma Argus-Courier which is a newspaper of general circula- tion published at least six (6) days a week in the City and such publication shall constitute notice T . ce� o said election.. NO other notice of the election hereby called need be given. M fY • a Section 5.- This ordinance shall 'b'e forthwith entered. -upon the minutes of the Council and in the Ordi-nan`ae 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. PASSED AND ADOPTED this 12t-, day of May, 1969, by the following vote: AYES: Councilmen, BATTAGLIA, BRAINERD, CAVANAGH, JR.., COLIN,JOERGER, LIPMAa MAYOR PUTNAM. NOES. NONE. ABSENT: NONE. -- �r Mayor 'o�f the 'City .-Attest l : - �"City Cl erk The foregoing ordinan.de was preserited to me for approval and is, hereby approved this 12t day of May, 1969, . Maya-r 'of the 71 9 Ca I, hereby, certify that therwi ordinance ' .published 'in full �cnce 'in the Peialuma Argus-Couder daily pager of general , circulation, . published' . Wlth'in the e-OlCy of pftal6ma, tonwit .... ..... . ------------- .................................... . 1.9 69 and -'that the ,:said ,',Petaluma ArgpsfCourier is the official newspaper of the City of :Petaluma. I hereby' certify: that che' whole "number of, members of the "Council of, the City of Petalu ma dss 'seven, and •that the foregoing ordinance was passed by the at its megfihg day of ----------- 19AI9' by the - bTj, RN Bat-Eacrlia AYE c - NdUfA ---- .............. Brainerd AYES COUNCILMAN ,-----..-,.— . .. -2�.. AYES: '�CQUNCMMAK Q-Eiva.n,agh Jr ........................ .............. ........... 2vIAYOR :. putnam ......... - - - - -- ---- -- -_- --- - --- NOES:; ................. ----------- 'mone ASSENT: ----------- .......... ....... ............... .COUNCILMAN -,Co:l i n- .............................................. COUNCILMAN : ...... .................... CQUNCILMCOUNCILMAN:. ..... Lip -man, ...... ......................... - .................. (SEAL) CITY ClkRk The fore�goforegoing 'Ordp 93V .Series 'Charter. .Series having .; been r egularly' pass ,, and presented 'to me� i� ...� ...... R I 2 .1� Y (T this -------- ....... . ... ..... 1 19 ... hereby approved. byme i6 ...... ... .... da .................... _y ; of..... . Ma 6' - ........ Y ....................................... 19 ......... . Effeaive, date ............ ...................................•.• ... kt • .... ......... . . .......... . ......... . P... MAYOR