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Ordinance 2840CITY OF ALAMEDA ORDINANCE NO. 2840 New Series ORDERING THE SUBMISSION OF A PROPOSITION OF INCURRING BONDED DEBT TO THE QUALIFIED VOTERS OF THE CITY OF ALAMEDA AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 7, 2000, FOR THE PURPOSE OF FINANCING THE ACQUISITION AND DEVELOPMENT OF CERTAIN MUNICIPAL IMPROVEMENTS (PUBLIC LIBRARY) AND CALLING FOR A CONSOLIDATED SPECIAL MUNICIPAL ELECTION IN THE CITY OF ALAMEDA ON NOVEMBER 7, 2000 WHEREAS, this City Council has heretofore adopted, by a two- thirds vote of all the members of said Council, Resolution No.1 3251 entitled "A Resolution of the City Council of the City of Alameda Determining That the Public Interest and Necessity Demand the Acquisition and p Development of Certain Municipal Improvements and Their Financing Through the Issuance of LL. w General Obligation Bonds (Public Library)" (the "Resolution "); and o Z y O WHEREAS, in order to provide for the issuance by the City of its general obligation bonds cm �, r to finance the Improvements described in the Resolution (which Improvements constitute a single purpose under Section 43609 of the California Government Code) it is necessary for this Council to pass an ordinance ordering the submission of the proposition of incurring bonded indebtedness o ' = for such purpose to the qualified voters of the City at a Consolidated General Municipal Election; and WHEREAS, this Council desires to submit said ballot measure to the qualified voters of the City at the Consolidated General Municipal Election to be held in the City on November 7, 2000; and WHEREAS, this Council desires to call for a Consolidated Special Municipal Election with the Consolidated General Municipal Election to be held within the City on November 7, 2000, and within the territory affected by the consolidation. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Alameda that: Section 1. That at the Consolidated Special Municipal Election to be held on November 7, 2000, 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 Consolidated General Municipal Election in the following form: PROPOSITION: In order to improve library facilities, shall the City of Alameda issue general obligation bonds not to exceed $10,600,000, subject to matching funds being obtained to fund at least 60% of the construction costs, to acquire, construct and/or improve the main library, the West End and Bay Farm branch libraries, including providing adequate space for children, improving disabled accessibility, and providing access to technology? This City Council does hereby submit to the qualified voters of the City, at said Consolidated Special General Municipal Election, this ordinance and the proposition set forth above. Section 3. The object and purpose of incurring the indebtedness is the acquisition and improvement of the main library and the improvement to the West End branch library and the Bay Farm branch library. The foregoing improvements are referred to herein as the "Improvements ". The Improvements constitute a single purpose under Section 43609 of the California Government Code. Section 4. . The total estimated cost of the Improvements is thirty one million seven hundred thousand dollars ($31,700,000). The total estimated cost of the Improvements to be funded by the general obligation bonds is not to exceed ten million six hundred thousand dollars ($10,600,000). Section 5. The amount of the principal of the indebtedness to be incurred by the general obligation bonds is not to exceed ten million six hundred thousand dollars ($10,600,000). The issuance of the bonds is contingent upon qualifying for state or other matching funds being obtained to cover at least sixty percent (60 %) of the total construction costs. The estimated cost of the Improvements to be funded by the general obligation bonds 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 the bonds (collectively, the "Bond Issuance Fees and Expenses "). 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 Consolidated Special Municipal Election to be held on November 7, 2000 this Ordinance and proposition set forth in Section 2 hereof. The City proposes to acquire and develop 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, or Article 4.5, commencing with Section 53506, of Chapter 3 of Part 1 of Division 2 of Title 5 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 ratable secured, without priority, by the taxing power of the City. Section 8. The polls for said election shall be open on the day of said election in accordance with the California Elections Code. Section 9. The Consolidated Special Municipal Election hereby called for November 7, 2000 shall be and is hereby ordered consolidated with the Consolidated Municipal Election to be held 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 as specified herein. The Board of Supervisors of Alameda County and the Alameda County Clerk, Elections Division, are hereby requested to order the consolidation of the Special Municipal Election hereby called with the Consolidated General Municipal Election to be held within the city on said date, and within the territory affected by the consolidation, and the Board and the Elections Division are hereby authorized to canvass the returns of said Special Municipal Election, and said Special Municipal Election shall be held in all respects as if there were only one election and the form of ballot shall be as provided for the general election. Said Registrar of Voters shall certify the results of the canvass of the returns of said Special 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 by the California Elections Code. Section 10. All persons qualified to vote at the General Municipal Election in the City upon the date of the election herein provided for shall be qualified to vote upon the proposition submitted at said General Municipal Election. Section 11. Ballots for the election shall be provided in the form and in the number provided by law. On said ballots, in addition 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 of 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 published at least six days a week in the City, or once a week for two weeks in a newspaper published 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. Section 14. If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council of the City of Alameda hereby declares that it would have passed this ordinance, and each section, subsection, clause, or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases are declared to be invalid or unconstitutional. Section 15. The City Council adopts the provisions of subdivision (a) of section 9285 of the Election Code to permit rebuttal arguments, if arguments have been filed in favor of and against the measure which is being submitted to the voters of the City at this Consolidated General Municipal Election. Section 16. The City Clerk is hereby directed to transmit a copy of this Ordinance to the City Attorney, who shall prepare an impartial analysis of the ballot measure. Section 17. This ordinance shall be in full force and effect upon its final passage by four (4) affirmative votes of the members of the City Council. Section 18. The City Clerk is hereby directed to file a certified copy of this Ordinance with the Alameda County Clerk of the Board of Supervisors and the County Registrar of Voters for inclusion in the November 7, 2000 Consolidated General ►_� unicipal Election. Presiding of re City Council Attest: I, the undersigned, hereby certify that the foregoing Ordinance was duly and regularly adopted and passed by the Council of the City of Alameda in special meeting assembled on the 18th day of July , 2000, by the following vote to wit: AYES: Councilmembers Daysog, DeWitt, Johnson and Mayor Appezzato - 4. NOES: Councilmember Kerr - 1. ABSENT: None. ABSTENTIONS: None. IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 19th day of July , 2000. ICane Felsch, City Clerk City of Alameda