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HomeMy WebLinkAboutMinutes 03/04/1959March 4, 1959 - .1.1 . a. m. City Hall - - Peta,luma, Calif. I � k Adjourned meeting of the Council of the City of Petaluma called to order by Mayor Parent, ROLL CALL- Present. Councilmen Crinella, Ellis, King, Matzen, Van Bebber and Mayor Parent. - - Absent- Councilman Gustafson. CONSIDERATION OF UNFINISHEQ,l3USINESS: Proposed Acquisition of Calif, Water Service Company - Res, C ,special Revenue Bond Elee 'Mayor Parent.n that .e main thing to be decided. hi. regard to the ,resolution before the Council on. the subject matter would be the amount of the bond -issue to be put before the voters-, The Grin. of 'Stone & Youngberg had recommended the total. sum- of $3 300 000 ;-- $2, 800, 00G. for acquisition of the wa,t 000. reserve for an.� improvements which might become necessary, etc. To a, question by Councilman Crinella, Mr. Ed Wells, representing Stone & Youngberg, stated that his firm had never handled 'a water company acqWS a onfor ny where reserve capita - n l was - ot recomm ended in the bond -issue,,' However, - in all of - the - cases where they had participated, it had never been, necessary to sell those - additional "bonds. Mr. Wells explained. that: the - additional bonds would not constitute any I lability until. sold. . Mayor Parent - pointed out that the $500, 000. in reserve bonds would definitely not give the Council a "blank check, -" It would -- actually just make the purchase of the company mo firm, He explained that the water - company could be purchased, a,nd be run, for amount which was actually estimated. The Mayor - also . noted that. there had been a meeting ietvieen the Co�chairman of the Citizens Water' CommAttee and - Wells, .during which procedures were set up - whereby the - Petaluma - will be - amp]. y informed of all the facts and figpres concerned in the revenue bond election, Members of - the Council. present were in agreement - that - the figures . recommended by Stone & should be inserted in rbsolution, - Following the - reading of - the -- subject resolution,, there was discussion as to the use the word - "condemnation.,; Councilman King did not feel this word should be in view of the fact that the City negotia with the Calif. Water. Service Co. the pur- chase of, f the com.pany,­ and the price had been m.utually'agroed upon The City Attorney - and Mr. - Well& - explained why this wording was used, and that It was usual. legal phra,s.6ology for such proceedings as - this. To _a, question- Crinella, Mr.— Wells�pointed out that usually, the city and the water entered into a - joint petidon to the PUC for per- mission to transfer the ownership of property, - ,11 - en the PUC must assure itself that the p ubl.ic interest will - be served by the transfer - of - this property to the city-, and that no customer - or - customers will. be deprived of water by this I transfer. The transfer cannot be made without the approval of the Public Utilities Commission. It was - the - decision of the Council to publish in the Argus,-Courier the letter recently received - from Stone & Youngberg, which contained a breakdown, of - the total - v"enue bond issue which will be presented to the electorate of the City. The subject resolution was then adopted as follows! (cont'd) (1) 6 a RESO3.UTION NO _22,00 N. Co S. INTRODUCED BY COUNCILMAN SECONDED BY COUNCILMAN John J. King `Everett: A... ' Matzen _RESOLUTION CALLING A SPEC REVENUE BOND ELEC,m TION IN THE CITY OF PETALUMA FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED 'ELECTORS OF SAID CITY THE MEASURE OF ISSUING REVENUE BONDS IN` THE. PRINCIPAL AMOUNT OF !O,, 300, 0000 00 TO PROVIDE FUNDS FOR THE ACQUISITION, CONSTRUCT IMPROVEMENT AND FINANCING OF THE FOLLOWING ENTERPRISEa TO WIT: A WATER SYS:TF DECLARING T ESTIMATED COST OF SAID ENTERPRISE, THE 'PRINCiPA AMOUNT OF TH REVENUE BONDS TO BE :ISS!UED THEREFOR, AN.D THE MAXIML:M RATE OF INTEREST TO BE PA'I'D ON :SUCH 1. REVENUE BONDS .FIX1146 THE I)A_ OF SAID ELECTION, . TH E IVMANNE}Z OF HOLDT -NG THE SAME, AND MANNER OF VOTING, FOR OR AGAINST THE ISSUANCE OF SAID'BONDS, AND PROVIDING FOR NOTICE THEREOF, .WHEREAS, the - City Council of -the City of Petaluma h s,duly ,determined that the public. interest and necessity demand th:e acquisition - constructionj improvement� and financing of Enterprise hereinafter rrientioned "and h further duly determnod that said Enterprise should.'be financed ley the issuance of revenue bonds under the Revenue Bond Law of 1941; , NOW,, THEREFORE, BE IT RESOLVED by, the City Council of the City of. Petaluma, as follows: Section 1. ,_ A -special revenue bond election is hereby ordered and will be heldin ', afd City, of Petaluma on TUESDAY,: APRIL '28, 19599 at - which . election there shal•1 be submitted to the qualified voters' of said City, the. measure of is suing revenue bonds under the Revenue Bond-,Law of - 1941 of the State of California (Government Code, Sections 54300 'et sego -) for purpose of providing funds ;for - the - acquisition, construction, mprovem enV and financm ing of an .Eriterpris,e, all as set forth in the following.Measure, (A)9 to wi.t-6 MEASURE (A): Shall the City of Petaluma issue revenu'e.bonds (Water in the princ'ipa,l amount ofd $39 300, OQOo 00, System) pursuant to the - Revenue :Bond Law of to provide funds forihe acquisition, 'construction, improvement and financing of the roll - ow ng' - -to wit.:' A water system for the supply -,­ treatment storage, -, transmission and distribution of watery ­ includ ng °lands,, easements; xeservoirs� water rights water tank's, water mains,, - wells; - pumps,- pumping equipment,. meters, fire hydrants- storage treatment, . trans,.7. mission and facilities,, and other wor°ks -- properties or - structures - riecessary- or convenient for a municipal water system for the City of Petaluma? Section 2 . The estimated cost of. the, acquis tion construction, improve. m;ent and fitiancing of said'.Enterpri.se.is :$3 300, 0000 00, and the principal amount of revenue bonds. proposed to be issued therefor Is_-$3, 300 000.0.0.. (2) I' m Said estimated cost of said "Enterprise includes all costs and estimated costs incidental.. to or 'connected with the acquisition_, construction, improve - me.nt or financing of the Enterprise., together with engineering -,, appraisal.,. inspection, legal and fiscal. agent's fees, costs of the bond election and of the.. issuance of said revenue bonds, bond reserve .funds and worlcing capital. and bond in estimated. to accrue during the period of acquisition and. construction and for a_, period of not to exceed twelve months -after completion of ,construction. - The Enterprise for the acquisition, construction, improve.- ment and financing of which said revenue bonds .shall :be issued, under the R`evenue Law of 1:941 of the State of Cali fornia is hereby defined to be the whole'and each - and every part of said. welter system describad in the measure ;set forth 'in_.Section 1 of this ret olu.tion, including 'all facilities either constructed, or acquired - by purchase or condemnation; -- or otherwise, . for said pu�rposeo It ` the present intention of the - City , to - ac quire,the public utility water system properwti.es California :Water Service Company, which presently serve the City of''Petaluma and surrounding"areas,_ - subject to the a -. oval - of - the Pucblic L7tilit es Commission of the State of California, in the event that a satisfactory agreement of 'purcha.s.e between the City and said " Company - is negotiated, but the - City reserves the night - to condemn -all or any part of said exi.sting: public - utility pry erti.es, or in .the alternative to construct anew and -independent water - system to provide - a municipal water system for said City' . All - of the properties and rights necessary `to' be acquired by the City order to provide - -a: municipal water system..for supply, treatment, sto rage. transmission" and cl :st.r. i.�aution of water are hereby included within - and; made a part - of the "Enterprise, irrespective - of -- whether the be "acquired from said public -utility system properties - by - purchase or condemnation,, or by independent construction of a 'new, water - system. It is hereby found and determined that the City of Petaluma does now oven or operate a w system;: and - that said 'Enterprise - and each - and every part thereof, when acquiredy constructed and improved- will constitute - a new municipal improvement and 'a satisfactory water 'system for - the City of Petaluma i:n with: law. Said " includes - all of the afore - said municipal water - system. together with 'all 'additions, betterments; - eaten- sions, and improvements to said municipal water 'system or any part thereof nom'or hereafter made: It is hereby found'and determined that said Enter- prise is necessary to enable said City to exercise is municipal powers and. functions namely, "to furnish sufficient water for any presen or future bene- ficial use of the City, , Sec t.ion 3 0 This City Council proposes to issue and sell. revenue bonds in an amount not exceeding $3, 300, 000. 00 if a majority of all of voters voting on sad Measure (A) at'saa.d special revenue bond el:ec :ton - sha;l vote in favor of said Measure The rate of interest to - be paid' orr said bonds shall not-exceed ot exceed - six (6) - per cent per annum payable semi -,annually - (except that the-City, payable- o c>il e in its discretion, may provide that interest for the first year shall be -annually in one instknent at - the end of such year). Said bonds shall be revenue bonds payable excl:usvel.y from the revenues of said. Enterprise, and are not to be secured by the taxing power of said City of Petaluma, and'shall be issued under the Revenue Bond Law of 1941 of the State" of California. The principal of and interest -on said revenue .bonds, and' premiums upon the redemption of any thereof , are not and shall not constitute . a. debt "of the City of Petaluma,, nor a legal or equitable charge, liven or encumbrance upon any of its property or upon any of its income, receipts or revenues, except the revenues of the Enterprise. No taxes shall ever be levied or collected by the City for the payment of said revenue .bonds., .or. the interest thereon; nor 'shall any property of the City be to forfeiture .therefor; but all revenues of the - Enterprise legally available for the payment (3) S of said .revenue bonds shall be applied to such payment. Said revenue .bonds, if authorized, shall be special obligations of the City: of Petaluma and shall be secured by a pledge of and 'shall be a charge upon, and shall,-be payable as to the principal thereof, interest thereon, and a.ny premiums upon. the redemption of any thereof, solely from and secured by 'a lien upon .gross revenues of the Enterprise. Said' gross revenues of - the - -Enterprise include revenues of additions, betterments, improvements and extensions thereto later or hereafter constructed or acquired and the revenues - of the water system for the'acquisition, construction, improvement and - financing..of which said revenue bonds are to be issued;_ and all of. the ,revenues of. said, :Enter prise, including revenues of additions, betterments, improvements and extensions hereafter constructed or acquired, shall: be pied'ged and assigned as security­ for revenue ..bonds The - payment of interest on, - and principal of said revenue bonds, and any p u pon the redemption of any thereof, are and will be secured by an exclusive pledge, charge and lien upon all: of the revenues of the Enterprise, and said revenues; " - any interest earned said revenues, ate will constitute trust fund for the security and payment of the interest on and principal of the bonds. - if the interest and principal - of said revenue-bonds, and 'all charges ` to -protect or secure them; are 'when - due,. an amount for the necessary and-reasonable maintenance_and operation of the - Enterprise - (whi.sh costs include - the reasonable expenses - of management, repair and other expenses to maintain and - preserve - the Enterprise in good repair and working`order) may be apportioned - from revenu.'es, - and; subject to' any limiting - cod ena♦rits in the resolution'af °the - City Cou.n.c1I providing for the issuance of - said revenue bonds, the remaining -surplus be any lawful purpose -of - the City; provided, - that the .principal: of interest on said revenue bonds, - - as - the same become - due - - and - all sums for 'security funds which maybe established by the City Council. the resolution providing - for the issuance of the bond's, shall be paid from said revenues before the maintenance operation costs of the Enterprise are paid and before any surplus is used for any other lawful purpose of the City. The City Council may provide for the issuance of additional bonds - pursuant - to the Revenue.Bond of 19'4;1 .for* the purpose of acquiring; constructing, improving or financing .Enterprise, - or any, extensions or additions thereto, or any , cornbination of - two `or more ° of. such purposes, - e thereon a parity with the revenue - bonds - herein'to . be - authorized or subject to such limitations as the City. shall deter'm'ine, - all as specified by the City - Council at the time of the issuance of the revenue bonds herein to be authorized. Section A. The City Council, does hereby submit the: qualified. voters of the City of Petaluma at' "said special revenue bon - election the said meas :ure set forth in.SectionJ of This resolution, - and designates and refers sa measure in the form of ballot hereinafter prescribed for use at' said election, (a) . Said special revenue bond election shall held and :conducted, and the votes thereat - canvassed 'and the returns thereof made, -and the result. thereof - ascertained ' and - deter mined -- as her0in-provided; 'and, in all particulars not prescribed - by this resolution, sai special: revenue` bond election shall be held' - .and conducted - and - the votes received "and 'carivassed in the manner provided by la for the holding of . municipal. elections in said City. (b) . °All "persons qualified to vote at municipal elections in said City of Petaluma: upon the - date of the election herein provided for shall be qualified to vote upon the measure submitted `at said special revenue bond election, (c) The polls at the polling places hereinafter designated shall be open at 7 &clock A. M. (Cal. Do S, To ) of said day of election and shall be kept (� yV, �. 1 1 (4) 1O =- open continuously thereafter 'until 7 o'clock Po Ma (Cal.. D, So T. of said day , of election, when the polls shall be 'closed (except as provided in.Section , 5734 of the Elections Code), and the election officers shall thereupon proceed to canvass the ballots cast thereat, ,(d) For the purpose of said special revenue bond election said City is hereby divided into eight (8) special election precincts-. . special election precincts shall consist - of a consolidation of the general state and county election precincts located in said City, Sad state and .county election precincts into which, said City is divided for general state -and comity election purpose - s are consolidated. as hereinafter provided, . to wit. - The cons olidated hereinafter designated consist of a consoli . dation`of said general election precincts as numbered and so designated by g election- for general election purposes within said City by the - Board - of Supervisors of Sonoma County. - Reference is hereby made - to the records of the Board of Supervisors of Sonoma County establishing said general election precincts in the City of Petaluma as the same on file in the - office of the County: of Sonoma County.for more particular description of said gene.ral precincts. The designations of and polling place in each of said' consolidated precincts and the election officers appointed to conduct said election thereat shall be as hereinafter set forth, to wit: . CONSOLIDATED PRECINCT NO. 1 (comprising Precincts Nos, 27, 29 and 31) Polling Place: Jones Residence; - 1313 McNeil Drive Inspector: Mrs... Uria Mannion - Judgee Mrs, .Gladys Robertson Clerk: Mrs,., Cletus Cory Clerk: Mrs, Marian Jones CONSOLIDATED PRECINCT NO. 2 (comprising Precincts Nos. 1, 2, - 24 and '2'6) Polling Place: East Petaluma Fire Station, Payran Street Inspector: Mrs, Helen Roerden Judge: Mrs, Rose Abraio Clerk: Mrs. Daisy Lombardi Clerk: Mrs. Margaret Butner CONSOLIDATED PRECINCT NO. 3 (comprising :Precincts Nos. 23, 25 and 30) Polling Place: Van Bebber Garage, 850 Mt., View Avenue Inspector: Mrs. Dora Kopf Judge:- Mrs, Lorraine .Ellis Clerk: Mrs, . Carol.ee Van Bebber Clerk: Mrs. Frieda Larson CONSOLIDATED PRECINCT NO, 4 (comprising Precincts Nose 3, 4, 6, 7 and 8) Polling Place: . Charles. W. Thomas Garage, 315 6th .St< Inspector: Mrs... Inga Thomas Judge: Mrs, , Charlotte McNally Clerk: Mrs, .Christina Potter Clerk .Mrs, Bertha.C. Maestretti (5) 'P . CONSOLIDATED PRECINCT NO. 5 (comprising Precincts Nos, 5, 9, 11 and 2.1) Polling .Place: Multi -purpose room, McNea School Sunnyslope Avenue Inspector: Mrs, Odl:le .Nisson Judge: Mrs Mrga.ret Schonbeck Clerk: Mrs. Grace Akers Clerk: - Mrs. Jean Carlson CONSOLIDA'T'ED PRECINCT NO. 6 (c:omprisin.g Precincts Nos, 10, 13, 16 and 28) Polling Place- Lincoln School Administration Bldg. CONSOLIDATED PRECINCT NO. 7 (gomprising Precincts Nos, .12, 1.4, 20; and 22) Polling Place: Multi - purpose Room, Valley Vista.School Inspector: Mrs, Opal Da.do Judge Miss.. Ellen. _Trueblood Clerk:: Mrs. Mary Po - Glahn: Cleric: -Mrs. Jessie B. Hames CONSOLIDATED PRECINCT NO. 8 (comprising Precincts Nos. 15 17, 18 and 19) Polling Place: Auditorium, Philip Sweed School Inspector Mrs. Lela F. Wagner Judge: Carl. R� . Jacobs Clerk=: Mrs. Lapha ; Ba,rricks Clerk: Mrs. Lois B. Taylor (e) The ballots to be used at said special revenue bond election shall be substantially in the following lorm., to wit: 1 1 1 (6) Stall Room Inspector: Mrs. Lillian Bradberry Judge: Mrs. Erma Hagstrom Clerk: Mrs, .Katherine Cornelius Clerk: Mrs. Catherine MacKenzie CONSOLIDATED PRECINCT NO. 7 (gomprising Precincts Nos, .12, 1.4, 20; and 22) Polling Place: Multi - purpose Room, Valley Vista.School Inspector: Mrs, Opal Da.do Judge Miss.. Ellen. _Trueblood Clerk:: Mrs. Mary Po - Glahn: Cleric: -Mrs. Jessie B. Hames CONSOLIDATED PRECINCT NO. 8 (comprising Precincts Nos. 15 17, 18 and 19) Polling Place: Auditorium, Philip Sweed School Inspector Mrs. Lela F. Wagner Judge: Carl. R� . Jacobs Clerk=: Mrs. Lapha ; Ba,rricks Clerk: Mrs. Lois B. Taylor (e) The ballots to be used at said special revenue bond election shall be substantially in the following lorm., to wit: 1 1 1 (6) 1 1 No. (Phis number shall. be torn. o MARK CROSS (X) ON BALLOT off by Inspector and handed o - ONLY WITH RUBBER STAMP to the voter) NEVER WITH PEN OR . PENCIL ° No. ( ABSENTEE BALLOTS MAY BE MARKED WITH PEN AND INK OR PEN CIL) (Fold ballot to this perforated line, leaving top margin exposed) MUNICIPAL BALLOT CITY OF PETALUMA • Sonoma. County, California SPECIAL REVENUE..BOND ELECTION ° TUESDAY, APRIL 28, 1959 ° INSTRUCTIONS TO VOTERS: To' vote on any measure, -stamp a cross (X) in the voting square after the word "YES" or after the word "NO' All marks,. except the 'cross (X) are forbidden. All distinm gui.shing marks or are forbidden and the ballot void. If you wrongly stamp, tear or deface this ballot, return it to the Inspector of Election and obtain another On absent voter ballots mark across (X) with pen or pencil° ° MEASURE SUBMITTED TO VOTE OF VOTERS : MEASURE (A)e Shall the City of Petaluma issue : (Water revenue bonds in the principal 'System) amount of $3, 300; 000. 00, pur- suant to the Revenue Bond Law : YES .,of 1941, to provide funds the acquisition, construction, improvement and financing of *the : following enterprise- to wit: A water system for the supply, treatment, storage, tra.ns� mission - and distribution of water. including lands. easements, reservoirs, Water rights, water tanks, water mains, wells, pumps, o pumping equipment, meters, fire hydrants,, storage, treatment, transmission and distribu- NO % tion facilities, and. other works properties or structures necessary or convenient for a : municipal water system for the City of Petaluma? (7) (f) , �ach voter to vote for said measure hereby submitted and in favor of the ,issuance of.revenue bonds as set forth in said measure shall. stamp �a cross .(X) in the blank' space oppos the word- "YES" on the ballot to the right of said measure, and to vote against said measure and against, the issuance of revenue bonds as set forth in saidi shall a cross (X) in the flank - space - opposite' the word "NO on. the ballot to the right of said measure, On 'absent voters ballots the dross (X) may be marked with pen or pencil, (g) The .returns of .said election .shall. be made out and signed- by the election officers and - shall. be by them, deposited with the City Clerk together with the ballots cast at' .said -election; and this City - Council. shall , meet - on Monday, May 4, - 1959➢ -- at - $000 o :.clock P.M. , at its usual meeting place, and. canvass said returns as required by law, and declare the result of said election, Section .5 a The City -Clerk - :of the-City of Petal.uma is hereby directed to publish this - resolution once a day for seven days in the PETALUMA AROUS- COURIER, a pewspaper of general circulation published six .days . a - we0k - :in said - City, and the official - newspaper of - said City, and such publication, shall constitute notice of said 'election hereby called`. Section 6 , This . resol:ution shall be forthwith entered upon the minutes of this City Council and shall. take effect immediately upon adoption. PASSED AND ADOPTED this 4th day of Maroh, 1959; by the :fol:lowing voted AYES- COUNCILMEN CRINELLA, ELLIS, KING, MATZEN, , VAN REPRER AND MAYOR PARENT, NOES: NONE. ABSENT: : COUNCILMAN CUSTAFSON, ARTHUR W, PAR ENT MdyQ.FofFtkie City of'Petaluma. Attest- GLA DXS R a : VWALLIN City Clerk of th&' C'ity`of Pet4luma, The foregoing resolution is presented to me for and is he approved this 4th day of Marc 1959 ARTHUR VWo PARENT Mayor of - the City of- Petal" f iao 1 7 35 I I 1 1 -Re Re Coyote- Water Mayor Parent reminded the Cound ' Il'of a mbetin g to be held next Thursday with -dilater - Water District to discuss the possibility that they - might Jon . . Wit the City of Petaluma. in bringing Coyote water into this area. ADJOURNMENT .rhere being no further business to come before the Council, the meeting was adjourned. Mayo a Attest. City. Clark. 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