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HomeMy WebLinkAboutCC ORD 2004-2248 Proposition of Incurring Bonded DebtORDINANCE NO. 2004 - 2248 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ORDERING THE SUBMISSION OF A PROPOSITION OF INCURRING BONDED DEBT FOR THE PURPOSE OF THE ACQUISITION AND CONSTRUCTION OF NEW PUBLIC SAFETY FACILITIES, AND THE MODERNIZATION OF EXISTING PUBLIC SAFETY FACILITIES, TO THE QUALIFIED VOTERS OF THE CITY OF NATIONAL CITY AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 2, 2004 WHEREAS, on July 20, 2004, this City Council adopted, by a two-thirds vote of all the members of said Council, a Resolution entitled "A Resolution of the City Council of the City of National City Determining That the Public Interest and Necessity Demand the Acquisition, Construction and Modernization 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; and WHEREAS, a General Municipal Election for the City is to be held on Tuesday, November 2, 2004; and WHEREAS, the City Council desires to submit to the voters at said election the proposition of incurring bonded indebtedness as hereinafter set forth. NOW, THEREFORE, BE IT ordained by the City Council of the City of National City as follows: Section 1. That the following question shall be submitted to the voters of the City at the General Municipal Election to be held on November 2, 2004: BONDS FOR PUBLIC SAFETY FACILITIES Shall the City of National City be authorized to issue general obligation bonds up to a maximum principal amount of $12,330,000 to acquire and construct new public safety facilities, and to modernize existing public safety facilities? Yes No Ordinance No. 2004 — 2248 Page Two Section 2. The object and purpose of incurring the indebtedness is to finance the costs of acquiring and constructing new public safety facilities, and to modernize existing public safety facilities. The foregoing improvements are referred to herein as the "Improvements". The City wishes to acquire and construct the Improvements because the present City public safety facilities are inadequate to serve the needs of the citizens of the City. Section 3. The estimated cost of the Improvements is Twelve Million Three Hundred Thirty Thousand Dollars ($12,330,000). 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 authorization, issuance and sale of bonds (collectively, the "Bond Issuance Fees and Expenses"). Section 4. The amount of the principal of the indebtedness to be incurred is not to exceed Twelve Million Three Hundred Thirty Thousand Dollars ($12,330,000). Section 5. The maximum rate of interest to be paid on the indebtedness shall beteight percent (8%) per annum. Section 6. This City Council does hereby submit to the qualified voters of the City, at said General Municipal Election, the proposition set forth in Section 1 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 1, commencing with Section 43600, of Chapter 4 of Division 4 of Title 4 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 7. That in all particulars not recited in this Ordinance, the election shall be held and conducted as provided by law for holding municipal elections. The election on the proposition set forth in Section 1 shall be consolidated with the general election held on November 2, 2004, 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. Section 8. 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 below 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 below the proposition. Ordinance No. 2004 — 2248 Page Three Section 9. Notice of the time and place of holding the election is given and the City Clerk is authorized, instructed, and directed to give further or additional notice of the election, in the time, form, and manner required by law. Section 10. 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 August 4, 2004, a certified copy of this Ordinance to the Board of Supervisors of San Diego County, and a copy with the County Clerk of San Diego County and to any other appropriate official of San Diego County responsible for preparing the ballots for said election. Section 11. This Ordinance shall become effective immediately upon its adoption by two-thirds vote of all the members of this City Council. PASSED and ADOPTED this 3`d day of August, 2004. ATTEST: Michael R. Dalla ity Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Passed and adopted by the Council of the City of National City, California, on August 3, 2004, by the following vote, to -wit: Ayes: Councilmembers Inzunza, Morrison, Natividad, Parra, Ungab. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: NICK INZUNZA Mayor of the City of National City, California erk of the City f National City, California By: Deputy I HEREBY CERTIFY that the foregoing ordinance was not finally adopted until seven calendar days had elapsed between the day of its introduction and the day of its final passage, to wit, on July 20, 2004, and on August 3, 2004. I FURTHER CERTIFY THAT said ordinance was read in full prior to its final passage or that the reading of said ordinance in full was dispensed with by a vote of not less than a majority of the members elected to the Council and that there was available for the consideration of each member of the Council and the public prior to the day of its passage a written or printed copy of said ordinance. FURTHER CERTIFY that the above and foregoing is a full, true and correct copy of ORDINANCE NO. 2004-2248 of the City Council of the City of National City, passed and adopted by the Council of said City on August 3, 2004. City Clerk of the City of National City, California By: Deputy