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Home My WebLink AboutORD 2465., It •• . . = J [P-2] • • ORIGINAL ORDINANCE NO. Z465 AN ORDINANCE CALLiri(i A SPECI1\L MUNICIPAL_ BOND I-:l1RC_'}.1ION Ill THE CITY OF PALd Al,TO FOR THE PURPOSE OF SUBMIT'rINO TO THE ELECTORS OF SAID CITY THE MEASURE OF INCURRING A, BON-DED !NDEBTEDNF.SS OF SAID CITY FOR THE ACQUISITION, CONSTRUCTION AND COMPLETION OF THE FOI.,J.,OWING MUNICIPAL IMPROVEMENT, '1'0 WIT: SEWAGE TREATMENT FACILITIES; DECLARIUG THE ESTir~ATED .COST OF SAID fAUNICIPAL IMPROVE- MEN'l', THE AMOUNT OF i:l1HE PR I NCI PAL OF SAID 1NDEBTEDNESS TO BE IUCURRED THEREFOR, "AUD 'l'HE MAXIMUM RATE OF INTER EST TO BE PAID THEREON; MAKING PROVISION FOR THE LEVY AND COLLF.C'I'ION OF TAXES; FIXING THE DATE OF SAID ELEC- -'.PION' THE-f~Ama:n OP HOLDJ:Ho Tll~~ SAME J\ND PROVIDING FOR NOTICE THERE6fe; AND CONSOLIDATING SAID SPECIAL .MUNICIPAL DON_D ELECTION WITH -THE S'l'ATE OF CALIFOHNIA GENERAL ELEC TION TO BE HELD ON NOVEMBER 5, 1968 :t WHEREAS, th~ cotino11 of the City o~ Palo Alto by resolution duly passed ·ari'Cl :adopted at a meet inf-~ of the ·c_6-ur1ci_l duly and re~ularly held, by affirmative vote of more than two- _;1.. •' .. . .·. . thirds of all its members, did dett:irmir'le that thr-public inter- est and nedesoity demand t~e acquisition, const~uction and c6m pletion _Of the municipal improvement hereinafter mentioned,. and\ did further determine that the.cost of said proposed municipal improvement will be-.'·toc:> g~eat ~~--~be paid ·out of the ordinary .) annual income and revenue qf said municipality atid. that s·aid . - -~J--- - --- 1 . ,_,;: ';<, -~ . ' ~ ... -----·.'.: ___ . -..:.:. •• municipal improv~ment will r~quire an expenditure preater than \ the amount allowed therefor hy the'annu:al tax levy, and will ---- require the incurrinp;: of a bonde.d indebtedness therefor} which resolution was d~ly entered on th~ minutes of said meeting of the Cou~c11, and is now on file and of record in the Clerk's office of said City; NOW, THEREFtiRE, THE COUNCIL· OF THE CITY OF PALO ALTO DOES ORDAIN AS FOLLOWS: Section 1. A special municipal botid election shall be and is hereby.6rdered and will be held 1n the City of Pa1o ~ito (hereinafter called "the City") on Tuesd~y, November 5, 1968, at ··I which election shall be submitted to the qualifi~d electors cf the City the question ~t incurring a bonded indebt~dnesi of the City for the ouJ ect and purpose set fortt:i 1 n the fo llowinr; 0 measure, to wii~ · " ·-·-.> . - CITY OF PALO ALTO BOND MEASURE •. l ~ t . .. MEASURE. ( ) : Shall~ t;jj{?~:_c_at'y of Paio Al to . : (Sewap:e incur a bonded-indebtedness . . . :· . . Treatment ·' in t;he principal ain(:;unt .:~1f Facilities) $J,56q,ooo fo?:"the ttcquisl~-. . . ticm, "COtJStI'UCtion· and. COm- .pletion or th~ 'following Piu~icipal improv.e-. · m~ht, to wit': Sewatt,e treat·nfortt. faijJTitie-s ,' · including treatmefit.plant enlargements. trunk . .... . . .. . . . . . ·and outfall lines, pipes, puntps,.Jnacfiin¢r.y, equipment, connections, lands, easements,. · .· righ'ts. of way and other works, property arid strqcfUres n~cessary Or·con~eni~nt for · sewage treatment t~ac111ties for th~. City of Palo Alto? . ~·--·-;..• --- .. . . . . . . . . . ---~--_--.. __ , . -: 2 ., ,:. . ' . • . . ·. . . -~. --. ' .. . . . . . .. . . . ._No .: . . ' . . . . . . . . ... ~--------·-~ -- --. . . . ' • Ttie estimated cost of· the municipal improvement set forth in sa1.d measure (including le~al and all other fees incidental to or connected ·with the authorization, issuance · ·and sale of the bcnd·s evi'dencin~ the iudebtedness proposed to be incurred for such m~nicipal improvement and the costs of piinting said bond~ and other co~ts and expenses incidental to or .connected·with the authorization, issuance and sale of said bonds) is the sum of $5,200,000 and the ·amount of the indebted- ness proposed to be incurred for sai.d municipal improvement ls the sum of $3~50o,o6b. It is contemplated by the Council that ! the diff~rence betwe~n said estimated cost Jnd the amount of sald indebtedness propo~ed to be incurred will be made up to the extent of $150, 000 from moneys in the General Fund of the City and that the balance of said difference will be made up from moneys to be granted by the United States of America, but the Council rPserves the right, in its discretion, to provide otherwlse for the payment} of said estimated 'cost, or if any or all of said moneys are not available, to reduce the cost of said. municipal improvement' to the amount .. .to. be proviijed. from the proceeds of sale 'or the bonds authorized< for said improve ment together with· any 6th~~ moneys act~~ily aVa~la~le for.said. improvement, and said ·estimated cost .nerein set forth shall· not be ~e~m~d to constitute a ·11m1tatidh or condition ~pon· the:· -.; ibsuance Of any of said bonds. Section 2. The Council does hereby submit to the tjualified el~ctors or the City at ~a1ct·sp~Cial municipal bond .. election said .measure set: forth irt Section' l ·of this ordinance, ·and ·aesi(Qlates and refers to said me~sure as the measure' to be set ·rorth on· the ballots· hereinafter·· prescribed for use at said election. 3 "··; I I I I'. • (a) Said special naun1c1pa'l bond election shall be held and connuct~d, and the votes thereof canvassed, and the returns thereof made, and the result thereof ascertained and determined, as herein provided; and in all particulars not prescribed by this ordinance, said election shall be held as provided by law. (b) All persons qualified to.vote at municipal elec tions !ri the City upon the date· of the-election herein provided for shall be qualified to vote upon the measure submitted at satd special municipal bond election. , { c) The polls at the_ polling plac_i-·':,; hereinafter d~signated shall be opened at 7:00 o'clock A~M. of said day of ·election and ~hall be kept open continuously thereafter until :-_ ~ 8:00 o'clock P.M. of ~aid day of election, when the polls shall be closed (except as provided in Section 14~36 of the Elections Code), and the election officers shall thereupon proceed to,pan vass the ballots cast thereat. (d) Said-spe~ial municipal bond election hereby called shall be and is hereby·,consolidated with the State of California General Election tQ b~ held in the City on November 5, 1968, ·, all as r~qui~~d by and pursuaht to law; and the ~lection pre cincts, polling places and orr1c·er's 'br e-le~ti~n within' the city for said special ml1nicipa).. bond ei.ect1'on· hereby called shall be the SRfue as those selected and desip,nated by the Board-of Super---~'--' ._, -vlsor3 of Sant~ Clara CO-ttrity >fi:»r-said general election and . ~ --, \ ._--. ." -. ' . . -. . . -~~,~~ -·-. -set forth or to 'be set _.fot'th' 1n>the 0 notfce 6f. eiecti9n offlcet·s -~--. ---. ~.---.. -; -. - -... ~ . . . . -. -and polling places for said general ele'ctidn_-_published or to be published by the.'Registrar of Voters of said County, as required -' - .) ---· . . :.-:-. -•lt ·, \_ .• ' . •, • Sor a desiRnation of the precincts, pollinR places, and election officers of the special municipal bond election hereby called. Only qualified voters of the City shall be permitted to vote at said special municipal bond election. The Re~istrar of Voters of said County is authorized to canvass, or cause to be can- vasse<l, the returns of said special municipal bond election ' ' ·. . with respect to the vo~es cast in the City and to ~ertify the results to the Council. (e) On the ballots to be used at said ~eneral elec- tion and said special municipal bond election hereby consolidated therewith, in addition to all other matters required hy law to be printed tht:·reon, shall appear the -measure set forth in Section l hereof.-._Each voter to vote for said measure hereby submitted and for incurring said bonded indebtedness shall stamp a cross (+) in the blank space opposite the word "YES" on the ballot to the right of said measure, and to vote against said measure and against incurring said indebte¢ness shall stamp a cross· ( +) in the blank space opposite the word ~NO" on the-ballot to the right of said measure; except that if and to the extent that Votomatic ballot cards are u·sed at said elections, each voter to vote-for said measure hereby submitted and for incurring said bonded irtdebtedness shall· puri~h the ba1lot card in th6 hole aft~r the word "YES" to the right of said measure, and to vote a~ainst said measure and against in:currin~ . sa,~d indebtedness shall punch the ballot card in the hole art•r the wo~d "NO" to the righ~iof said measure. On absent voter ballots the cross (+) may be . ; - marked with pen or ·pencil; except that if and to the ext.ent that . . ·votronic ballots are provided for absent voters' each absent voter shall stamp a mark (•) in the blank space oppos~te the word "YES" O"r. opposite the word rtNQtr on· the b·allot to the right_ , ·of said measure. Absent voter ballots ·settinp.: forth said measure 5 i: . . • shall be isnued to qualified electors residinp, within the City entitled thereto, in the manner provided by law, and such ·absent voter ballots shall likewise be canvassed or caused to be canvassed, by the Registrar of Voters of said County. (f) At the next reRUlar meeting of the Council occur- ring after the returns of said special municipal bond election have been canvassed by the Registrar of Voters of said County) and the certi.fic~atioi1 •Ol" the results thereof to the Council, 01• at a special meetin~ called thereafter for such purpose, the Council shall cause to be spread upon its minutes a staterner.t of the results of said special municipal bond election as asde~- tained by said canvass. Section J. The Council proposes to issue and sell bonds of th~· city for the object and purpose~ hut not exceedin~ the amount, specified in said measure, if two-thifds of the qualified electors voting on such measure at said special muni cipal bond elect.ion shall vote in favor of sa1.d measure. Said bonds shall be negotia~le in form and of the charabter known as serial, and shall bear interest at a rate not to exceed six (6) per cent per annum, payable semiannually _ .. (except that inter~st for the first year after the date of said bonds may be made payable at. or bei .. ore the end o'f said year). --Provision is hereby made for the_ payment of the prin·ctpal of' ~.nd interest on 'said bonds as follows: At the ·time of-. maklnp; the general tax levy after incurring the bonded indebtedness, 'and annually _thereafter until the bonds' are pa.id or until there ) -·~ . . ' :-· . is a sum in the treasury .set apart for that PIJJ:Pf?Se sufficient to meet all paymerits of princip~l and interest' on t~e bonds as they becor,1e due,. the Counci 1 shall levy and collect a •ttl)(J suf- ,_, 6 . . .. .. ~ . ficient to pay the interest on the bonds and such part of the principal a~ will become due before the proceeds of a tax levied at the next ~eneral tax levy will be available; provided, how ever, that if said bonds are autho~ized to be issued at said electiont and it is expected that all or any part of said bonds· will be sold at such time that the principal of or interest on such bonds will become due before the proceeds of a tax levied afte~ such sale would be available to pay such principal or in~ terest ~ the ~ouncil;. at the time of fi~in~ the anin•Rl .tax ~lev,;, ~ may levy a t~x in an amount clearly sufficient to pay that por- ti9n of the principal of and interest on said bonds.which it is expected will become 'due before the prdceeds of the next sue- ceedin~ .tax levy will be available. If the earliest maturity of the b6nds is more than one year after the date of issuance, the Council sti'all levy and collect annually a tax sufficient to pay the interest as it fall~ due and to constitute a sinking fund for tr.e payment of the principal on or before maturity. Such taxes shall be levied and collected as other City ~&xes and shall be in addition to all other t~xes and shall be used only for payme_n,t of the bonds and the interest thereon. \ \_ . S~ction 4. ~h~ City Clerk of the City is hereby dire6~ijd~ upon the pasaag~ and ~doption of this ordinance. t6 publish the sam~ Onde a day for ~t .least geven C1> day~ iri the PAI.O ALTO TIMES, which is an~wspaper of P.:enerai circula- tion ·published at le•st six (6) days a week in th~· City, and '. -'~ . such publication shall constitute notice of said election. No· other notice of . the e J.e ct ion hereby cal led heed be ·g1 ven. Section 5 ~ This ordinance shall be forthw:!. th ·~,nter~d · !lpon the minutes of the counci 1 ·and in the Ordiria."nce ·sook of the c-\ ·. I ~ 7 • City. This ordinance, being an ordinance calling and orderin~ an election and an ordinance required to be passed for the \ pur·pose of complyinp; with a general law (to\wit, the provisions. ·\ of Government Code Sections 43,600 et seq. r~~atinR to bond elections in cities), shall take effect from and after its final passage and approval. PASSED AND ADOP~ED this 26th day o~ August, 1~68, by the following vote: AYES: Councilm~n Arnold, Beahrs, Berwald, Clark, Com stock, Dias, Gullixson, Wheatley NOES: No!l.e ABSENT: Gallagher, Pearson, Spaeth .: -~ . . . . •. ·::··. l, I ' .. •• ~, t : The foregoinp; ordinance was presented to me for approval and is hereby-approved this 26th day of August, 1968 Mayor of.the City -. -· ---·--- _·, ._-. ----'"'----~~~~~--------------~--------·..._ ____________ ....... ____________________________ __ • • CLERK'S CEHTIF~CATE I, Jacqueline C. Klainrrt , City Clerk of the Ci t.Y of Palo Alto, State of California, do hereby certify that the fore~oing ordinance is a full, true and correct copy of an ordinance introduced and read at a regular Meet1n~ of the Council of said City duly and re~ularly and legally held on the 19th day of Au~ust, 1968, and said ordinance was thereafter dul§ passed ~nd adopted by vote of at least two-thirds of all of the members of the Councll, at a re~ular meetinR of the Council duly and r~gularly and legally held at the regular meeting place thereof on the 26th day of August, 1968,·.of which.· meeting all of the members of the Council had due notice, as follows= AYES: NOES: .. ABSEUT~ Councilmen Arnold, Beahrs, Berwald, Clark, Com stock, Dias, Gullixson, Wheatley None Gallagher, Pearson, Spaeth : l That I have carefully compared the same with the original minutes of said meeting on file and of record in my office and that said ordinance is dtilyc~ntercid of record i~ the ,-·' .. .-. minutes of the ·Council and in the Ordinance Book of said City, and the foregoing ·is a full, true and .cm•rect copy of the original ord.inance adopte.d at said meet.ing and entered in said· minute~ and Ordinance Book. That said ordinance has not been ~ .. ·-. ·amended, modified or rescinded sin¢e the date of its passa~e and that the sanie is now in full.·torce and eff'ect. . .. .. WITNESS my hand and the seal of the City of Palo Alto this 2§th day oi August,'1968~ [SEAI,] .) Ci I I Palo Alto,