HomeMy WebLinkAboutOrd 1792ORDINANCE NO. 1792
ORDINANCE OF THE CITY OF BURLINGAME
CALLING A SPECIAL MUNICIPAL BOND ELECTION FOR APPROVAL OF
BONDS TO FINANCE CONSTRUCTION AND COMPLETION OF MUNICIPAL
IMPROVEMENTS FOR FLOOD CONTROL, AND FOR DISASTER
PREPAREDNESS, DISABLED ACCESS, SAFETY, AND SECURITY CAPITAL
IMPROVEMENTS TO EXISTING CITY BUILDINGS
The CITY COUNCIL of the CITY OF BURLINGAME does hereby ordain as
follows:
WHEREAS, the City Council (the' Council") of the City of Burlingame (the "City'),
by resolution duly passed and adopted by affirmative vote ofmore than two-thnds of all its
members at a meeting of the Council duly and regularly held on June 19, 2006, did determine
Nat the public interest and necessity demand the design, conswetlon and completion of the
municipal impmvemems hereinafter mentioned; and did further determine that the cost of the
design, construction and completion of said City plan of municipal improvements will be too
green to be paid out of the ordinary awual income and revenue of the City and will require an
expenditure greater than the amount allowed therefor by the annual tax levy, and will require
the incurring of a bonded indebtedness therefor; and
WHEREAS, the City Planning Commission has heretofore approved a city plan of
improvements consisting of the aforementioned projects; and
WHEREAS, this Ordinance was intrducd and first read at a meeting of the City
Council held and conducted on June 19, 2006; and
WHEREAS, a summary of this ordinance was published not less than 5 days price on
this mecting, in accordance with Government Code Section 36933;
NOW, THEREFORE, the City Council of the City of Burlingame does ordain as
follows:
Section 1. Specifications of Election Order.
(a) A special municipal bond election is hereby ordered to be held throughout the City
of Burlingame on November 7, 2006, for the purpose of submitting to the qualified electors; of
the City a proposition of imurring bonded indebtedness of the City, summarized for purposes
of Section 13247 of the Elections Code of the Rote of California (the"Elections Cede%as
follows:
"BURLINGAME FLOOD PROTECTION AND SAFETY MEASURE. To safeguard
Burlingame residents, homes and businesses, shall the City of Burlingame be authorized
in issue $37,000,000 in bonds to improve aging and undercapacity Flood control
infrastructure; and for seismic stability, disabled access, safety, security, fire protection,
ventilation and disaster prepareMess improvements in existing City buildings, shall the
City be authorized to issue $7,000,000 in bonds; with all expenditures mommred by
citizens oversight commurce with annual independent emboss"
(b) The Registrar of Voted (Ne "Registrar of Voters") of the County of San Mateo
(the "County") is hereby r {uested to reprint the summary of the measure contained in
subdivision (a) of this Section (Ne "Measure') as the ballot measure in all official materials
accoutring an the election, including notices of election, nations inviting arguments, and other
notices, voter information pamphlets, and the official ballots.
Section 2. Required Recitals.
(a) Purpose. The object and specific purpose of incurring the indebtedness is N
finance a portion of the cost ofcomm coon and completion of the municipal improvements
described in Section 1(a) heroaf(including acquisition amour construction of other facilities,
wod<s, property, or structures necessary or convenient for the Flood control improvements so
described), am proceeds of the bonds sball be spent only for such purposes, portant to
Government Coale Section 53410. These municipal improvements constitute and we hereby
approved as the City's plan of improvements proposed to be funded tions a bond issue at this
time.
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(b) Cast of Improvements. The estimated cost of the municipal improvements
described in subdivision (a) m be funded from the bonds is $44,000,000. The estimated cost of
the municipal improvements includes legal and other fees holocaust an or connected with the
authorization, issuance and sale of the proposed bonds, the costs of printing the bands and other
cons and expenses incidental to or connected with the authorization, issuance and sale of the
bonds.
(c) AriountolBonds. The amount ofprmclpal offer indebtedness proposed to be
incurred for said municipal improvements is $37,000,000 for flood control improvements and
$9,000,000 for the other improvements described in Section I(a).
(d) Maximum InterestRate. Said bonds shall bear interest at ds rate of not an
exceed 12% per annum, the maximum currently allowed by law, such rate or rates to be
determined at the time of We of the bonds or any series thereof.
(e) Dateof Election. The election will be held on November ],2006.
(f) Election Procedures; Raluen for Consolidation. Pursuant to Section 10400 and
following of the Elections Code, the Board of Supervisors of the County and the Registrar of
Voters are hereby authorized and requested to canvass the returns of the elation. Except as
otherwise provided herein, the manner of holding the election, the forms of the ballots, the
procedures for soliciting ballot arguments and the dates on which such arguments are due, the
procedures for voting for or against the Measure, the procedures for canvassing the vote, and all
other procedures for conducting the election, shall be as directed by the Elutions Code, or as
determined "e Registrar of Voters in accordance with the Elections Code. The City Clerk is
hereby authorized and directed to cooperate with the Registrar of Voters and to follow the
procedures and meet all deadlines established by the Registrar of Voters. Costs charged by the
County for conducting the election arehereby declared to be cost of the municipal
improvements t0 be paid from the proceeds of bonds The Messmer shall be approved by the
affirmative vote of at lean two-thhds of the qualified electors voting on the Measure.
(g) Maximum Nlatmity of Bonds. The final maturity date of any offer bonds shall
not exceed 40 years from the time of incurring the indebtedness evidenced by such bonds or the
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sures of bonds of which such bonds are a par.
(h) Special Bond Proceeds Account; Annual Report to Council. Upon approval of
the Measure and the sale of any bands approved the Council shall establish an improvement
fund or account (which may be an existing fiord or account, if appropriate) In which proceeds of
the sale of bunds will be deposited. As long as any proceeds of the bonds remain unexpended,
the City Manager shall cause a report to be filed with the Council no later than December 31 of
each year, commencing December 31, 2009, stating (1) the amount of bond proceeds received
and expended in that year, and (2) the status of any project funded or to be mored from bond
proceeds. The report may relate to the calendar year, fiscal year, or o0ter appropriate armual
period as the City Manager shall themmind and may be incorporated into the around burger,
audit, or other appropriate routine report to the Council.
Section 3. Rectum for Consolidation. Pmaont to its resolution declaring the public
interest and necessity of calling the election, adopted on June 19, 2006, the Council hereby
requests with respect to the special municipal bond election called hereby, that the Board of
Supervisors of the County consolidate said election with my other election being conducted on
the same date m the same tenitory or any territory which is in part the same. The precincts,
polling places and officers of election shall be the same as those set forth in my order of the
Registrar of Voters or the Board of Supervisors of the County providing for the precincts,
polling places and election officers for the general county and statewide election to be
conducted on the daze of the aboard municipal bond election, as set thrift N the notice to be
published by the Registo of Voters pursuant to Sections 12105 and 10417 of the Elections
Code.
Sawn 4. Torr lime Statement The finance Director of the City is hereby
authorized and directed to rause to be prepared a tax rare statement as required by Elections
Code Section 9401 in connection with the Measure. The finance Director shall submit the Tax
Rate Statement to the City Attorney and the City Clerk, in such time to permit the City Clerk to
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cause the Tax Rate Statement to he filed with the Registrar of Voters at the same tme as this
Ordinance is filed, in any event no later than August 11, 2006.
Section 5. Primary Argwowta The City Clerk is hereby authorized and directed to
select an argument for and an arguhnent against the measure on be printed and distributed to the
voters pursuant to Elections Code Section 9289.
Section 6. Rebuttal Arguments. The City Clerk is hereby authorized and directed to
enable preparation and submitul of rebound arguments as set foM in Elections Code Section
9285. The City Council hereby adopts the provisions of Elections Code Section 9285(a)with
regard to rebuttal arguments.
Section 7. Mpartial Analysis. The City Clerk is hereby dvected to trarumit a copy
of the Measure to the City Attomey of the City, who is hereby directed to prepare the impartial
analysis ofthe Measure pasuant to Elections Code Section 9280. The CityAttomeysball
rise the Imperial Analysis to be filed with the City Clerk no later than August 28, 2006.
Sawn 8. Notice of Election. Notice of the election shall be given by publication
oft is ordinance in a newspaper published at lean six days per week in the City, once a day for
at least seven days prior to the holding of the election, and the City Clerk is hereby ordered and
directed to cause this ordinance to be so published. No other notice of the election need be
given.
Section 9. Piling with Registrar of Voters. The City Clerk is hereby authorized and
directed to file a certified true and correct copy of this Ordinance with the Registrar of Voters ar
soon as practicable after the adoption hereof, and in any event no later than August 11, 2006.
Section 10. Effective Date. A two-thirds vote of all of the members ofthe Council is
I required for approval oftlris ordinance. Being un ordinance calling and ordering un election,
2 Nis ordinance shall take effect from and after its final passage and approval.
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b 1,DORIS MORTENSEN, City Clerk of the City of Burlingame, do hereby certify that
7 the foregoing ordinance was introduced a a regular meeting of the City Council held on the
8 19or day of June, 2006, and adapted thereafter az a regular meeting of the City Council held on
9 the 1916 day of July,2006, by thefollowing vote of at least few- fills of its members:
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11 AYES: COHNCILMEMBERS: BAYLOCK, COHEN, KEIOHRAN, NAOEL, O'MAHONY
12 NOES: COCNC[LMEMBERS: NONE
13 ABSENT: COCNCB.MEMBERS: NONE
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