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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