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HomeMy WebLinkAboutCC RESO 2004 - 154RESOLUTION NO. 2004 —154 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE FILING OF AN IMPARTIAL ANALYSIS AND WRITTEN ARGUMENTS RELATING TO PUBLIC SAFETY FACILITIES BOND ELECTION, REQUESTING COUNTY SERVICES, AND ADDING STATEMENT TO BOND MEASURE WHEREAS, the City Council has passed its Ordinance entitled "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 a New City Public Safety Facilities, and the Modemization 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" (the "Ordinance"); and WHEREAS, the City Council desires that the election called under the Ordinance be consolidated with any other election to occur on November 2, 2004, in the territory of the City and that said proposition be included on the ballot for said election; and WHEREAS, Section 9280 of the Califomia Elections Code authorizes the filing of an impartial analysis and Sections 9281-9283 of said Code authorize the filing of written arguments for or against any ballot proposition; and WHEREAS, Section 53410 et seq. of the Govemment Code requires that certain "Bond Accountability" provisions be added to the bond measure approved by the Ordinance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, AS FOLLOWS: Section 1. Request to County to Conduct Election. The Board of Supervisors of the County of San Diego and the San Diego County Registrar of Voters, are hereby requested and authorized to properly and lawfully hold and conduct a municipal election in the City on November 2, 2004, pursuant to the Ordinance, including but not restricted to the providing and printing of ballots and polling place cards, election supplies, voting booths, flags, registration lists and any other materials and services required to lawfully conduct the election. Section 2. Authorization to File Written Arqument. The Mayor and City Council, or their designee, are hereby authorized to prepare and file a written argument for the proposition to be submitted at said municipal election. All written arguments for or against the proposition shall not exceed 300 works in length and shall otherwise conform to and comply with all applicable provisions of the California Elections Code. The deadline date for the submittal of arguments, in favor or in opposition, shall be as required by the City Clerk under Section 9286 of the California Elections Code. Resolution No. 2004 —154 August 3, 2004 Page Two Section 3. City Attomey's Impartial Analysis. The City Clerk is hereby directed to submit to the City Attorney a certified copy of the Ordinance. The City Attorney is hereby authorized and directed to prepare an impartial analysis of the proposition specified in the Ordinance showing the effect of the measure on the existing law and the operation of the measure, said analysis to be submitted by the City Attorney to the City Clerk for printing before the arguments for and against the measure. The analysis shall not exceed 500 words in length and shall otherwise comply in all respects with the applicable provisions of the Califomia Elections Code. The deadline date for submittal of the analysis shall be as required by the City Clerk. Section 4. Consolidation; Manner of Conducting Election. The bond election hereby called for March 5, 2002, is hereby ordered consolidated with any other election to be held within the City on said date. The election shall be held and conducted, election officers appointed, voting precincts designated, ballots printed, polls opened and closed, ballots counted, and retumed, 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 as specified herein. The Board of Supervisors of San Diego County and the San Diego County Registrar of Voters, are hereby requested to order the consolidation of the municipal election hereby called with any other election to be held within the City on said date and that said election be held in all respects as if there were only one election. Section 5. Consolidation; Cost. The City of National City recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any such costs. Section 6. Accountability Requirements. In accordance with Sections 53410 and 53411 of the California Government Code, the City Council hereby approves the following language for inclusion in the full text of the bond measure to be printed in the voter pamphlet to be distributed to the registered voters in the City: Statement to be included in City of National City Public Safety Facilities Bond Measure: As required by Section 53410 of the Government Code, the following accountability measures are hereby made a part of the City of National City's Public Safety Facilities Bond Measure approved in the Ordinance (the "Measure"): a) The specific purpose of the bonds is to enable the City to acquire and construct new public safety facilities, and to modernize existing public safety facilities; Resolution No. 2004 — 154 August 3, 2004 Page Three b) The proceeds from the sale of the City's bonds will be used only for the purposes specified in the Measure, and not for any other purpose; c) The proceeds of the Bonds will be deposited into a Project Fund to be held by the City Treasurer; and d) The Treasurer of the City shall file an annual report with the City Council of the City, commencing not later than November 1, 2005, and annually thereafter, which report shall contain pertinent information regarding the amount of funds collected and expended, as well as the status of the public safety faclities specified in the Measure. Section 6. Effective Date. This Resolution shall be effective upon its adoption. PASSED and ADOPTED this 3rd day of August, 2004. Nick Inzunza, ATTEST: MichelDalla, itClerk APPROVED AS TO FORM: George H. Eiser, III City Attorney