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HomeMy WebLinkAboutRes 1997-28RESOLUTION NO. 1997-28 RESOLUTION ORDERING AND CALLING A SPECIAL BOND ELECTION TO BE HELD IN AND FOR THE TOWN OF FOUNTAIN HILLS, ARIZONA, ON NOVEMBER 4, 19979 TO SUBMIT TO THE QUALIFIED ELECTORS THEREOF THE QUESTION OF AUTHORIZING THE ISSUANCE AND SALE OF $6,000,000 PRINCIPAL AMOUNT OF GENERAL OBLIGATION BONDS, PROJECT OF 1997. WHEREAS, the Mayor and Council of the Town of Fountain Hills, Arizona, believe it to be in the best interest of the Town to authorize the issuance and sale of $6,000,000 principal amount of General Obligation Bonds; and WHEREAS, it is necessary that the Mayor and Council submit the question of the issuance and sale of such bonds to the qualified electors of the Town; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA: Section 1. A special bond election in the Town of Fountain Hills, Arizona, hereinafter referred to as the "Town ", is hereby called to be held on November 4, 1997, to submit to the qualified electors of the Town the question as shown on the form of ballot attached hereto and marked Exhibit A. Section 2. The Clerk is hereby directed to cause the preparation and distribution of an information pamphlet and sample ballot for the Town pursuant to A.R.S. § 35 -454. The officers of the Town are hereby authorized to prepare and deliver or cause to be prepared and delivered to the Clerk the information necessary or appropriate for completing the information pamphlet, including, without limitation, the estimated debt retirement schedule, estimated issuance costs, estimated tax rate impact on an average owner - occupied residence and commercial industrial property, current outstanding debt and debt limitation, an introductory statement on behalf of the Town, and a statement of the purpose for which the bonds are to be issued Section 3. Notice of the special bond election is ordered to be given by causing the information pamphlet to be mailed not less than ten (10) days and not more than forty (40) days before the date of election to the residence of each registered voter of the Town as shown on the general county register. The Clerk is hereby authorized and directed to cause the information pamphlet to be prepared and mailed as required by law and in accordance with the provisions of this resolution and to cause a copy of the information pamphlet to be submitted to the Arizona Department of Revenue within thirty (30) days after the election. Section 4. The Clerk is hereby directed to cause ballots to be printed and delivered to the election boards to be furnished to the qualified electors offering to vote at the election. -l- SWR:gmh 189746.018/15/97 Section 5. The election will be conducted and the poll lists kept, and the votes cast thereat shall be counted and tabulated and the returns thereof will be made in the manner provided by law and only persons will be allowed to vote at the election who are qualified electors of the Town. The election may be consolidated with any other election conducted in the Town on November 4, 1997. Section 6. Early voting will be permitted at the election in accordance with the provisions of Title 16, Chapter 4, Article 8, Arizona Revised Statutes, as amended. Section 7. The Council hereby authorizes all expenditures as may be necessary to order, notice, hold and administer the special bond election. All actions of the members of the Council, officers, employees and agents of the Town which are in conformity with the purposes and intent of this resolution, whether heretofore or hereafter taken, shall be and are hereby ratified, confirmed, authorized and approved. Section 8. In order to comply with the Voting Rights Act of 1965, as amended, the following proceedings pertaining to this election will be translated into Spanish and posted, published and recorded in each instance where posting, publication and recording of such proceedings are required, to -wit: information pamphlet, ballot, all early voting material and all instructions at the polls. Section 9. As soon as the polls are closed, the election officials will canvass the votes cast, enclose one list of the persons voting and one copy of the tally sheet in a cover and seal and direct the same to the Mayor and Council of the Town. The Mayor and Council will meet at the Council Chambers on November 20, 1997, which is a day within seven days from the twelfth day after the election date to canvass the returns of the election. The Mayor and Council will be governed by the vote of the majority on the question submitted. PASSED, ADOPTED AND APPROVED by the Mayor and Council of the Town of Fountain Hills, Arizona, on June 19, 1997. ATTEST: Clerk APPROVED AS TO FORM: Bond Counsel �r -2- SWR:gmh 189746.019/15/97 CERTIFICATION I, Cassie Hansen, the duly appointed and acting Town Clerk of the Town of Fountain Hills, Arizona, do hereby certify that the above and foregoing Resolution No. 1997 -28 was duly passed by the Town Council of the Town of Fountain Hills, Arizona, at a regular meeting held on June 19, 1997, and the vote was -7 aye's and D nay's and that the Mayor and Council Members were present thereat. lV Cassie Hansen, Town Clerk -3- SWR:gmh 189746.01 8/15/97 OFFICIAL BALLOT FOR SPECIAL BOND ELECTION IN AND FOR THE TOWN OF FOUNTAIN HILLS, ARIZONA ON NOVEMBER 4, 1997. Question Shall the Mayor and Council of the Town of Fountain Hills, Arizona (the "Town "), be authorized to issue and sell general obligation bonds of the Town in the principal amount of $6,000,000, to provide funds to: (1) acquire, purchase or condemn real property located in Sections 5, 6, 7, 8 and 17 of Township 3 North, Range 6 East, Gila and Salt River Base and Meridian, for open space preserves, parks, trails and recreational purposes, and (2) pay all environmental, financial, legal, engineering and other costs incurred in connection with the purpose and the issuance of the bonds? The bonds may be sold at a premium not to exceed the maximum amount permitted by law, will bear interest at a rate or rates of not to exceed twelve percent (12 %) per annum and will mature over a period of not to exceed thirty (30) years from the date of their issuance. The bonds shall be in such authorized denominations and bear such other terms as determined by the Mayor and Council of the Town. BONDS, YES D BONDS, NO D NOTICE TO VOTERS: The voter shall place a mark in the square opposite the words "Bonds, Yes" or "Bonds, No ", whichever words express the voter's choice. Only qualified electors of the Town of Fountain Hills are eligible to vote at this election. SWR:gmh 1891749.18/15/97 A -1