O 620 ORDINANCE NO. 620
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE, CALIFORNIA, CALLING AND GIVING NOTICE OF A
SPECIAL MUNICIPAL ELECTION ON THE PROPOSITION OF
WHETHER BONDS SHALL BE ISSUED AND SOLD TO FINANCE A .
NEW POLICE STATION AND REFINANCE THE CITY'S 2003 FIRE
STATION BONDS, AND ORDERING THE SUBMISSION OF A
MEASURE TO THE QUALIFIED VOTERS OF THE CITY AT A
CONSOLIDATED SPECIAL MUNICIPAL ELECTION AND
ESTABLISHING SPECIFICATIONS FOR THE ELECTION ORDER
WHEREAS, the City Council of the City of Arroyo Grande, California (the "City ") has
determined that the present facility for the City's Police Department is inadequate to
ensure the health and safety of the occupants and users of the facility and to enable the
City's Police Department to provide increased safety and emergency response services
to the residents of the City; and
WHEREAS, the City Council has determined that the public interest and necessity
demand the construction of a new police station facility ( "Police Station ") and that it is
advisable to provide the funding for the new Police Station by means of general
obligation bonds; and
WHEREAS, in conjunction with the funding of the construction of the new Police
Station, the City Council also desires to refinance the City's outstanding General
Obligation Bonds, Series A of 2003 (Fire Station Project) ( "Fire Station Bonds ") and
utilize a portion of the general obligation bonds to call and redeem said Fire Station
Bonds; and
WHEREAS, the City Council desires to call and give notice of a Special Municipal
Election on the proposition of whether bonds shall be issued and sold for the purpose of
constructing a new Police Station and refinancing the Fire Station Bonds; and
WHEREAS, Section 1(b) of Article XIIIA of the California Constitution excepts from the
general one percent (1 %) of full cash value limitation those ad valorem taxes used to
pay for debt service of any bonded indebtedness for the acquisition or improvement of
real property approved on or after July 1, 1978, by two- thirds (2/3) of the votes cast by
voters on the proposition; and
WHEREAS, in the judgment of the City Council, it is advisable to call a Special
Municipal Election on the question of whether bonds shall be issued and sold and ad
valorem taxes be levied for the purposes set forth below.
ORDINANCE NO. 620
PAGE 2
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE,
CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The above recitals are true and correct.
SECTION 2. Pursuant to the laws of the State of California, the City Council
hereby calls a special election and orders the submission to the qualified voters of the
City the question of:
CITY OF ARROYO GRANDE
MEASURE A -10
Shall the City of Arroyo Grande fund construction BONDS - YES
of a new Police Station and refinance the 2003 Fire
Station bonds by issuing 30 -year bonds not to
exceed $6,000,000 provided that the tax rate is
maintained at or below the existing tax rate for the
Fire Station Bonds and a portion of the bond BONDS - NO
payments will be paid by revenues from the 2006
Local Sales Tax Measure?
SECTION 3. The estimated cost of constructing a new Police Station and
refinancing the Fire Station Bonds is $6,000,000, including costs authorized pursuant to
California Government Code Section 43610.1(a) and (b) which may be paid from the
proceeds of the sale of the Bonds.
SECTION 4. The maximum amount of the bonds shall not exceed $6,000,000.
SECTION 5. The maximum number of years any series of Bonds shall run shall
not exceed thirty (30) years. The maximum rate of interest to be paid on the Bonds shall
not exceed five percent (5 %) per annum. The actual rate of interest on any series of
Bonds shall be determined at or prior to the time of the sale of such series.
SECTION 6. The date of the Special Municipal Election shall be June 8, 2010.
SECTION 7. The election shall be consolidated with such other elections to be
held on June 8, 2010 under State law within the territory of the City, and shall be held
and conducted, and all other proceedings incidental to and connected with the election,
shall be regulated and done, in accordance with the provisions of law regulating
regularly scheduled elections. The precincts, polling places for said precincts in the
County of San Luis Obispo, and persons appointed and designated to serve as election
officers for said election will be those determined, designated, and appointed pursuant
to state law by the Registrar- Recorder /County Clerk of the County of San Luis Obispo
(the 'Registrar"). The City, by Resolution, has requested that the election be
ORDINANCE NO. 620
PAGE 3
consolidated with the Statewide Primary election and that the Registrar conduct the
election as well as perform various other services required by law on behalf of the City.
SECTION 8. The Director of Legislative and Information Services /City Clerk is
hereby designated the City's Elections Official for any and all purposes.
SECTION 9. The City Elections Official shall, not later than 88 days prior to the
date of the election, cause a certified copy of this Ordinance to be filed with the County
Clerk- Recorder /Registrar of Voters.
SECTION 10. The City Elections Official is hereby directed to publish this
Ordinance pursuant to California Government Code Section 43611.
SECTION 11. Notice of the time and place of holding the election is given and the
City Election Official is authorized, instructed and directed to give further or additional
notice of the election, in time, form and manner as required by law.
SECTION 12. In all particulars not recited in this Ordinance, the election shall be
held and conducted as provided by law for holding municipal and general obligation
bond elections. The City Elections Official shall make this Ordinance readily available
for public inspection within thirty (30) days of the date this Ordinance is adopted.
SECTION 13. Upon its adoption, the Director of Legislative and Information
Services /City Clerk or Deputy City Clerk shall certify to the adoption of this Ordinance
and thenceforth and thereafter the same shall be in full force and effect.
On motion of Council Member Costello, seconded by Council Member Arnold, and on
the following roll -call vote, to wit:
AYES: Council Member Costello, Arnold, Guthrie, Fellows, and Mayor Ferrara
NOES: None
ABSENT: None
the foregoing Ordinance was adopted this 9` day of February 2010.
ORDINANCE NO. WO
PAGE 4
TONY FE , MAYOR
ATTEST:
t
KELLY ET ORE, CITY CLERK
APPROVED AS TO CONTENT:
ralrir
STEV ADAM , ITY MANAGER
APPROVED AS TO FORM:
TIM THY J. EL, CITY ATTORNEY
OFFICIAL CERTIFICATION
I, KELLY WETMORE, City Clerk of the City of Arroyo Grande, County of San
Luis Obispo, State of California, do hereby certify under penalty of perjury, that
the attached is a true, full, and correct copy of Ordinance No. 620 which was
introduced at a regular meeting of the City Council on January 26, 2010; was
passed and adopted at a regular meeting of the City Council of the City of Arroyo
Grande on the 9th day of February 2010; and was duly published in accordance
with State law (G.C. 40806).
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 11
day of February 2010.
i .
KELLY ET/ ORE, CITY CLERK