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HomeMy WebLinkAboutRes 1991-02RESOLUTION NO. 1991 -02 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ORDER- ING AND PROVIDING NOTICE OF A SPECIAL BOND ELECTION TO BE HELD ON MARCH 12, 1991, IN AND FOR THE TOWN OF FOUNTAIN HILLS, ARIZONA, TO SUBMIT TO THE QUALIFIED ELECTORS THEREOF THE QUESTION OF ISSUING AND SELLING NOT TO EXCEED $3,530,000 AGGREGATE PRINCIPAL AMOUNT OF GEN- ERAL OBLIGATION BONDS OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, FOR IMPROVING, CONSTRUCTING, RECONSTRUCTING AND MAINTAINING STREETS AND HIGHWAYS WHEREAS, the Mayor and Common Council of the Town of Fountain Hills, Arizona (hereinafter referred to as the "Town "), have found and determined that the capital needs of the Town relating to streets and highways can best be financed through the issuance and sale of general obligation bonds of the Town; and WHEREAS, the issuance and sale of such bonds must first be authorized by a majority of the qualified electors of the Town at an election called for such purpose; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, THAT: Section 1. A special bond election, in and for the Town, be and the same is hereby ordered and called to be held on March 12, 1991, a day not less than thirty (30), nor more than sixty (60) , days from the date of the adoption of this Resolution, at which time there shall be submitted to the qualified electors of the Town the question of issuing and selling general obligation bonds of the Town in the aggregate principal amount and for the purposes set forth in the official ballot which is Exhibit "B" hereto. Section 2. The special bond election shall be called and notice thereof given by posting a copy of the Order and Call of Special Bond Election which is Exhibit "All hereto in at least five (5) public places in the Town not less than fifteen (15), nor more than thirty (30), days prior to the date of election and by posting a copy at each polling place, and by publishing the Order and Call of Special Bond Election once a week for three (3) successive weeks prior to the date of election in The Times of Fountain Hills, a newspaper of general circulation in the Town. The Clerk of the Town is hereby authorized and directed to cause the Order and Call of Special Bond Election to be published and posted according to law and the provisions of this Resolution in substantially the form hereto attached and marked Exhibit "A." Section 3. The official ballot shall be in substantially the form hereto attached and marked Exhibit "A." Section 4. The polling places and the time the polls shall be opened and closed shall be as provided in the Order and Call of Special Bond Election. Section 5. The Clerk of the Town is hereby authorized and directed to have printed and delivered to the election officers at such polling places, to be by them furnished to the qualified electors of the Town offering to vote at the special bond election, official ballots in substantially the form hereto attached and marked as Exhibit "B." Section 6. In order to comply with the Voting Rights Act of 1965, as amended, the following proceedings pertaining to this E election shall be translated into Spanish and posted, published and recorded in each instance where posting, publication and recording of such proceedings are required, to -wit: Order and Call of Spe- cial Bond Election, official ballot, all absentee voting materials and all instructions at the polls. Section 7. The special bond election shall be held, con- ducted and canvassed in conformity with the provisions of the general election laws of the State of Arizona, except as otherwise provided by law, and'only such persons shall be permitted to vote at the special bond election who are qualified electors of the Town. Absentee voting shall be permitted in accordance with the provisions of Title 16, Chapter 4, Article 8, Arizona Revised Statutes, as amended. Section 8. The returns from the special bond election shall be made to the Mayor and Common Council of the Town within seven ( 7 ) days from the twelfth (12th) day after the date of the special bond election and shall be canvassed and the results thereof certified by the Mayor and Common Council of the Town at a meeting to be held within seven ( 7 ) days from the twelfth (12th) day after the date of the special bond election, as provided by law. 3 PASSED, ADOPTED AND APPROVED by the Mayor and Common Council of the Town of Fountain Hills, Arizona, on January 17, 1991. . ... .��. ....... .4a or Town of Fountain Hills, ATTEST: ........ ............................... Clerk, Town of Fountain Hills, Arizona APPROVED AS TO FORM: 0 U.. ..� .............. O'Connor, Cavanagh •Anderson, Westover, Killingsworth & eshears, P.A., Bond Counsel 4 EXHIBIT "A" ORDER AND CALL OF SPECIAL BOND ELECTION TO THE QUALIFIED ELECTORS OF THE TOWN OF FOUNTAIN HILLS, ARIZONA (THE "TOWN"): A special bond election shall be held on March 12, 1991, at the following precincts' polling places: Precinct Polling Place Fountain Hills No. 1 Fountain Hills Community Center 11445 North Saguaro Boulevard Fountain Hills, Arizona Fountain Hills No. 2 Shepherd of the Hills Lutheran Church Corner of El Lago & Fountain Hills Boulevard Fountain Hills, Arizona Fountain Hills No. 3 Fountain Hills School District Administration Building 14605 North Del Cambre Avenue Fountain Hills, Arizona Fountain Hills No. 4 McDowell Mountain Elementary School 14825 North Fayette Drive Fountain Hills, Arizona The polling places will open at 6:00 a.m. and close at 7:00 p.m. The purpose of the election is to permit the qualified electors of the Town to vote on the following question: PURPOSE: ROAD IMPROVEMENTS AMOUNT: $3,530,000 Shall the Mayor and Common Council of the Town of Foun- tain Hills, Arizona, be authorized to incur indebtedness by the issuance and sale of general obligation bonds of the Town in the maximum aggregate principal amount of not to exceed $3,530,000 to provide funds for the purpose of improvement, construction, reconstruction and maintenance of Town streets and highways and to pay all legal, finan- cial, engineering and other necessary costs and expenses in connection therewith and with the issuance and sale of such bonds, such bonds to bear interest at a rate or rates of not to exceed twelve percent (12 %) per annum, A -1 provided that each bond may be evidenced by one instru- ment or a succession of instruments and the interest may be payable or compounded semiannually or more or less frequently than semiannually and at a variable rate or rates, none of which shall exceed twelve percent (12 %) per annum; to mature over a period of not to exceed twenty (20) years from the date of their issuance and to be in the denomination of $1,000 each or multiples there- of at maturity? FOR THE BONDS I AGAINST THE BONDS 1_/ Absentee voting shall be permitted in accordance with the provisions of Title 16, Chapter 4, Article 8, Arizona Revised Stat- utes, as amended. A qualified elector may vote absentee if: (1) the elector expects to be absent from the Town or his voting pre- cinct at the time of holding the election; (2) the elector is physically unable to go to the polls; (3) the elector is 65 years of age or older; (4) the elector's place of residence is more than 15 road miles from the polling place for his precinct; (5) the elector cannot attend the polls on the day of the election because of the tenets of his religion; or (6) the elector is legally blind. Absentee voting information and absentee voting materials may be obtained by contacting the office of the Clerk of the Town of Foun- tain Hills, Arizona, 16836 South Palisades, Building C, Fountain Hills, Arizona 85269, telephone: (602) 837 -2003. TOWN OF FOUNTAIN HILLS, ARIZONA By JIX40�_ io Mayor, T wn of Fountain Hills, Arizona ATTEST: aye � • LK_� Clerk, Town of Fountain Hills, Arizona C A -2 i EXHIBIT "B" OFFICIAL BALLOT PURPOSE: ROAD IMPROVEMENTS AMOUNT: $3,530,000 Shall the Mayor and Common Council of the Town of Foun- tain Hills, Arizona, be authorized to incur indebtedness by the issuance and sale of general obligation bonds of the Town in the maximum aggregate principal amount of not to exceed $3,530,000 to provide funds for the purpose of improvement, construction, recon- struction and maintenance of Town streets and highways and to pay all legal, financial, engineering and other necessary costs and expenses in connection therewith and with the issuance and sale of such bonds, such bonds to bear interest at a rate or rates of not to exceed twelve percent (12 %) per annum, provided that each bond may be evidenced by one instrument or a succession of instruments and the interest may be payable or compounded semiannually or more or less frequently than semiannually and at a variable rate or rates, none of which shall exceed twelve percent (12 %) per annum; to mature over a period of not to exceed twenty ( 2 0 ) years from the date of their issuance and to be in the denomination of $1,000 each or multiples thereof at maturity? FOR THE BONDS AGAINST THE BONDS _/ NOTICE TO VOTERS: The voter shall indicate his vote by inserting the mark "X" in the square opposite the phrase which expresses his choice. Only quali- fied electors of the Town of Fountain Hills, Arizona, are eligible to vote at this special bond election. 15000CYA.V01 /011491 B -1