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HomeMy WebLinkAboutOrdinance 195Quint & Thimmig LLP 11/10/99 11/18/99 ORDINANCE NO. 195 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SARATOGA ORDERING THE SUBMISSION OF A PROPOSITION OF INCURRING BONDED INDEBTEDNESS FOR THE PURPOSE OF THE ACQUISITION, CONSTRUCTION AND COMPLETION OF CERTAIN MUNICIPAL IMPROVEMENTS TO THE QUALIFIED VOTERS OF THE CITY OF SARATOGA AT AN ELECTION TO BE HELD ON MARCH 7, 2000 The City Council of the City of Saratoga, California (the "City"), does ordain as follows: WHEREAS, this City Council has heretofore adopted, by a two-thirds vote of all the members of said Council, Resolution No. 99-64 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY DEMAND THE ACQUISITION, CONSTRUCTION AND COMPLETION OF CERTAIN MUNICIPAL IMPROVEMENTS AND THEIR FINANCING THROUGH THE ISSUANCE OF GENERAL OBLIGATION BONDS" (the "Resolution"); and WHEREAS, in order to provide for the issuance by the City of its general obligation bonds to finance the improvements described in the Resolution, it is necessary for this Council to pass an ordinance ordering the submission of the proposition of incurring bonded indebtedness for such purpose to the qualified voters of the City at an election held for that purpose; and WHEREAS, this Council desires to submit said ballot measure to the qualified voters of the City at a general municipal election to be held in the City on March 7, 2000; NOW, THEREFORE, it is ordered as follows: Section 1. That a general municipal election is hereby called and ordered to be held in the City on March 7, 2000, at which election there shall be submitted to the qualified voters the proposition set forth below. Section 2. That said proposition shall appear on the ballot for said general municipal election in the following form: PROPOSITION : To improve, renovate, and expand the Saratoga Community Library in its current location by providing space for more books; ensuring modern earthquake standards; improving access to fire exits; updating electrical wiring for computers; providing adequate seating; updating inadequate lighting; and providing additional space for children's reading areas, shall the City issue $15 million in bonds at the lowest interest rates possible, with guaranteed annual audits, a citizen's oversight committee, and no money for administrators' salaries? This City Council does hereby submit to the qualified voters of the City, at said general municipal election, this ordinance and the proposition set forth above. Section 3. The object and purpose of incurring the indebtedness is the expansion and renovating of the Saratoga Library and, in particular, to improve, renovate, and expand the Saratoga Community Library in its current location by providing space for more books; ensuring modern earthquake standards; improving access to fire exits; updating electrical wiring for computers; providing adequate seating; updating inadequate lighting; and providing additional space for children's reading areas. All of the foregoing improvements are referred to herein collectively as the "Improvements". Section 4. The estimated cost of the Improvements is fifteen million dollars ($15,000,000). The estimated cost includes legal and other fees and the cost of printing the bonds and other costs and expenses incidental to or connected with the issuance and sale of bonds (collectively, the "Bond Issuance Fees and Expenses"). Section 5. The amount of the principal of the indebtedness to be incurred is not to exceed fifteen million dollars ($15,000,000). Section 6. The maximum rate of interest to be paid on the indebtedness shall be twelve percent (12%) per annum, or such higher rate as may hereafter be established for general obligation bonds of the City by the Legislature of the State of California. Section 7. This City Council does hereby submit to the qualified voters of the City, at said general municipal election, this ordinance and proposition set forth in Section 2 hereof. The City proposes to acquire, construct and complete the Improvements and to issue and sell General Obligation Bonds of the City pursuant to Article 9, commencing with section 43600, of Chapter 4 of Division 4 of Title 4 of the California Government Code, or, in the alternative, pursuant to Article 4.5, commencing with section 53506, of Chapter 3 of Part I of Division 2 of Title 5 of the California Government Code, in one or more series, in the maximum amount and for the objects and purposes set forth above if two-thirds of all qualified voters voting on the proposition set forth above vote in favor thereof. The bonds are to be general obligations of the City payable from and secured by taxes levied and collected in the manner prescribed by laws of the State of California. All of said bonds are to be equally and ratably secured, without priority, by the taxing power of the City. Section 8. The polls for said election shall be opened at seven o'clock A.M. of the day of said election and shall remain open continuously from said time until eight o'clock P.M. of the same day, when said polls shall be closed, except as provided in section 14301 . of the California Elections Code. Section 9. The general municipal election hereby called for the date hereinbefore specified shall be, and is hereby, ordered consolidated with any other election to be held -2- within the City on said date, and within the territory affected by the consolidation. The election shall be held and conducted, election officers appointed, voting precincts designated, ballots printed, polls opened and closed, ballots counted and returned, returns canvassed, results declared, and all other proceedings incidental to and connected with the election shall be regulated and done in accordance with the provisions of law regulating the election and specified herein. The Board of Supervisors of Santa Clara County is hereby requested to order the consolidation of the general municipal election, and said election shall be held in all respects as if there were only one election and only one form of ballot shall be used. Said Board of Supervisors shall certify the results of the canvass of the returns of said general municipal election to the City Council which shall thereafter declare the results thereof. The measure submitted by this ordinance shall be designated on each ballot by a letter printed on the left margin of the square containing the description of the measure, as provided in section 10219 of the California Elections Code. Section 10. All persons qualified to vote at general municipal elections in the City upon the date of the election herein provided for shall be qualified to vote upon the proposition submitted at said special election. Section 11. Ballots for the election shall be provided in the form and in the number provided by law. On said ballots, in addi'tion to any other printed matter which may be required by law, two voting squares shall be set off to the right of the proposition submitted at the election, in the manner provided by law, one having the word "YES" printed before it, and the other having the word "NO" printed before it. Section 12. Each voter to vote for the proposition and for the incurring of said indebtedness shall stamp or write a cross, or indicate by hole punch or other means, in the blank space opposite the word "YES" on the ballot to the right of the proposition; and each voter to vote against the proposition and against the incurring of the indebtedness shall stamp or write a cross, or indicate by hole punch or other means, in the blank space opposite the word "NO" on the ballot to the right of the proposition. Section 13. This ordinance shall be published once a day for at least seven days in a newspaper printed, published and circulated at least six days a week in the City, or once a week for two weeks in a newspaper printed, published and circulated less than six days a week in the City. The first of said publications shall, in either event, be within fifteen (15) days after the adoption of this ordinance. The City Clerk is hereby authorized and directed to make said publications and to transmit, for receipt no later than December 10, 1999, a certified copy of this ordinance to the Board of Supervisors of Santa Clara County, and a copy with the County Clerk of Santa Clara County and to any other appropriate official of Santa Clara County responsible for preparing the ballots for said election. Section 14. This ordinance shall become effective immediately upon its adoption by two-thirds vote of all the members of this Council. -3- The foregoing is a full, true and correct copy of Ordinance 195 introduced by the City Council on the 17th day of November, 1999, and duly passed and adopted by the City Council on the 23rd day of November, 1999, by the following vote: AYES: Councilmembers Waltonsmith, Baker, Streit, Mehaffey NOES: None ABSENT: Vice Mayor Bogosian ABSTAIN: None JT~mhn~ey, A~ ATTEST: -4-