R23-04-06 Bond Resolution and Call of Election

City of El Mirage — Regular Meeting (2023-04-18)

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RESOLUTION R23-04-06 
 
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF EL 
MIRAGE, ARIZONA, ORDERING AND CALLING A SPECIAL ELECTION TO 
BE HELD ON NOVEMBER 7, 2023, IN AND FOR THE CITY OF EL MIRAGE, 
ARIZONA, TO SUBMIT TO THE QUALIFIED ELECTORS THEREOF ONE 
QUESTION WITH RESPECT TO SELLING AND ISSUING BONDS PAYABLE 
FROM SECONDARY (AD VALOREM) PROPERTY TAXES 
 
WHEREAS, the Mayor and Council of the City of El Mirage, Arizona (the “City”), 
determine that certain, future capital needs of the City can be financed best through the issuance 
and sale of bonds of the City, the debt service with respect to which shall be paid through the levy 
of secondary (ad valorem) property taxes; and 
WHEREAS, pursuant to § 35-452, Arizona Revised Statutes (A.R.S.), as amended, the 
Mayor and Council of the City must order an election to determine whether such indebtedness 
shall be authorized (the “Election”); 
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF 
THE CITY OF EL MIRAGE, ARIZONA: 
Section 1.   
(A) 
That the Election, in and for the City, be and the same is hereby ordered and 
called to be held on November 7, 2023, at which time there shall be submitted to 
the qualified electors of the City one question with respect to authorizing the sale 
and issuance of bonds of the City in the aggregate principal amounts and for the 
purposes set forth in the official ballot for the Election (the “Official Ballot”). 
(B) 
That the aggregate principal amount of the bonds to be authorized at the 
Election shall be $ 41,500,000; the maximum rate of interest to be paid thereon 
shall be not more than ten percent (10%) per annum; the minimum and maximum 
number of years bonds of any issue or series authorized at the Election may run 
from their date shall be one (1) year and thirty (30) years, respectively; the purposes 
for which the money derived from the sale of the bonds will be expended shall be 
as more fully set forth in the Official Ballot; the City currently has $17,860,000 
aggregate principal amount of general obligation tax debt outstanding and the 
constitutional debt limit of the City as of the date of adoption of this resolution is 
$93,941,601, being twenty-six percent (26%) of the net assessed full cash value of 
the taxable property in the City (which debt limit is based on an estimated value 
provided by the assessor of Maricopa County, Arizona (the “County”) for 
2023/2024). 
Section 2.  That the Official Ballot shall be in substantially the form attached as Exhibit A 
hereto.

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Section 3.  
(A)  
That notice of the Election shall be given by mailing an informational 
pamphlet (the “Informational Pamphlet”) to each household within the City that 
contains a registered voter not less than thirty-five (35) days before the date of the 
Election. 
(B) 
That the Informational Pamphlet shall be prepared by the Clerk of the City, 
and the Clerk of the City is hereby authorized and directed to cause the 
Informational Pamphlet to be provided as and under the circumstances described 
herein in the form she deems acceptable.   
(C) 
That, pursuant to § 35-454, Arizona Revised Statutes, as amended, the City 
hereby sets the date of July 20, 2023, at the hour of 5:00 p.m., as the deadline to 
submit arguments “for” and “against” the authorization to issue the bonds.  
(D) 
That the Clerk of the City is hereby authorized to request arguments “for” 
and “against” the subject matter of the Election by providing notice in the form and 
by the means attached as Exhibit B hereto (the “Request for Arguments”).  The 
Clerk of the City is authorized to revise the Request for Arguments as necessary to 
comply with all applicable laws. 
Section 4. That the Informational Pamphlet shall contain the information required by § 
35-454, Arizona Revised Statutes, as amended, and a sample of the Official Ballot, and 
shall be in a form the Clerk of the City deems acceptable. 
Section 5. That the Clerk of the City is hereby authorized and directed to have the Official 
Ballot printed, delivered to the appropriate locations and then forwarded to the qualified 
electors of the City offering to vote at the Election. 
Section 6. That in order to comply with the Voting Rights Act of 1965, as amended, the 
following materials pertaining to the Election shall be translated into Spanish and mailed 
or distributed in each instance where mailing or distributing of such materials is required, 
to-wit:  Request for Arguments, Informational Pamphlet, Official Ballot, Absentee/Early 
Voting Materials and Voting Instructions. 
Section 7.   
(A)  
That the Election shall be held, conducted 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 
Election who are qualified electors of the City. 
 (B) 
That absentee/early voting with respect to the Election shall be permitted in   
accordance with the provisions of Title 16, Chapter 4, Article 8, Arizona Revised 
Statutes, as amended.

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(C) 
That the Election may be conducted as a ballot-by-mail election as provided 
in § 16-409, Arizona Revised Statutes, in each case as shall be determined to be in 
the best interests of the City by the Clerk of the City.   
(D) 
That the Clerk of the City is authorized and directed, if necessary, to enter 
into a contract with the County Recorder of the County to obtain precinct registers 
for the Election and to enter into an agreement with the Elections Department of the 
County to conduct the Election for the City. 
(E) 
That all expenditures as may be necessary to order, notice, hold and 
administer the Election are hereby authorized, which expenditures shall be paid from 
current operating funds of the City. 
(F) 
That the Clerk of the City is hereby authorized to take all necessary action 
to facilitate the Election. 
Section 8.  
(A)  
That the official returns from the Election shall be made to the Mayor and 
Council of the City within twenty (20) days from the date of the Election and the 
Election shall be canvassed and the results thereof certified by the Mayor and 
Council of the City at a meeting to be held within twenty (20) days after the date of 
the Election, as provided by law. 
(B) 
That the Clerk of the City on behalf of the Mayor and Council of the City 
shall file and record in the office of the County Recorder of the County a certificate 
disclosing with respect to the Election the purpose of the Election, the total number 
of votes cast and the total number of votes for and against creating the indebtedness 
and stating whether or not the indebtedness is ordered. 
PASSED, ADOPTED AND APPROVED by the Mayor and Council of the City of El 
Mirage, Arizona, on April 18, 2023. 
 
........................................................................ 
Alexis A. Hermosillo, Mayor,  
City of El Mirage, Arizona 
 
 
ATTEST: 
 
 
 
 
 
APROVED AS TO FORM:  
 
 
 
 
 
 
......................................................................   
...................................................................... 
Sharon Antes, City Clerk,  
 
 
 
Justin Pierce, City Attorney,   
City of El Mirage, Arizona 
 
 
 
City of El Mirage, Arizona

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CERTIFICATION 
 
I hereby certify that the foregoing Resolution R23-04-06 was duly passed and 
adopted by the Mayor and Council of the City of El Mirage, Arizona, at a regular meeting held on 
April 18, 2023, that the vote thereon was ....... ayes, ....... nays, and that the Mayor and ....... Council 
members were present thereat. 
 
 
 
.................................................................................... 
Sharon Antes, City Clerk,  
City of El Mirage, Arizona

A-1 
EXHIBIT A 
 
FORM OF OFFICIAL BALLOT 
 
ISSUANCE OF BONDS PAYABLE FROM 
SECONDARY (AD VALOREM) PROPERTY TAX 
Shall the City of El Mirage, Arizona (the “City”), be authorized to incur indebtedness in the total 
principal amount of not to exceed $41,500,000 by the issuance and sale of bonds of the City for 
the purpose of providing funds (1) in the principal amount of not to exceed $21,500,000 for fire 
protection facilities and police facilities public safety projects, including the costs to design, 
engineer, acquire, improve, construct, reconstruct, equip, furnish, and expand public safety 
facilities, including, but not limited to, a fire station and a police station and all necessary and 
related facilities and equipment, and (2) in the principal amount of not to exceed $20,000,000 for 
municipal facilities projects, including the costs to design, engineer, acquire, improve, construct, 
reconstruct, equip, furnish, and expand municipal facilities, including, but not limited to, a court 
facility and City Hall and all necessary and related facilities and equipment, including, in each 
case, any and all appurtenances related thereto or land therefor by purchase or any other method 
of acquisition, and to pay all costs incidental to any of the foregoing and to the sale and issuance 
of such bonds or any series thereof, to be issued as general obligation bonds of the City, payable 
from secondary (ad valorem) property taxes levied upon all of the taxable property in the City, to 
mature not more than 30 years from their date and to bear interest at a rate of not to exceed 10% 
per annum? 
The issuance of these bonds will result in a property tax increase sufficient to pay the annual 
debt service on bonds. 
A “YES” vote shall authorize the governing body of the City to issue and sell $41,500,000 
of general obligation bonds of the City to be repaid with secondary property taxes. 
A “NO” vote shall not authorize the governing body of the City to issue and sell such bonds 
of the City. 
BOND APPROVAL, YES  
BOND APPROVAL, NO 

B-1 
EXHIBIT B 
 
FORM OF REQUEST FOR ARGUMENTS 
 
REQUEST FOR ARGUMENTS FOR AND AGAINST THE AUTHORIZATION OF 
SALE AND ISSUANCE OF BONDS PAYABLE FROM A SECONDARY (AD 
VALOREM) PROPERTY TAX BY THE CITY OF EL MIRAGE, ARIZONA TO 
BE CONSIDERED BY THE VOTERS OF THE CITY AT A SPECIAL ELECTION 
TO BE HELD ON NOVEMBER 7, 2023 
 
Pursuant to Resolution R23-04-06 (the “Resolution”), adopted by the Mayor and Council of the 
City of El Mirage, Arizona (the “City”), on April 18, 2023, a special election in and for the City 
was ordered and called to be held on November 7, 2023 (the “Election”). 
 
Notice of the Election will be given by mailing an informational pamphlet.  Such informational 
pamphlet is to include arguments for and against the authorization of the issuance of bonds payable 
from a secondary (ad valorem) property tax by the City to be considered at the Election. (The text 
of the question to be considered at the Election is included in the Resolution which is available at 
the Office of the City Clerk at 10000 N El Mirage Road, El Mirage, Arizona 85335-3607.) Any 
person interested in providing any such argument(s) is hereby requested to provide the same to the 
City Clerk in electronic format at Bond23@elmirageaz.gov before 5:00 p.m., Arizona Time, on 
July 20, 2023.  
 
Each argument filed shall not exceed 300 words and, in accordance with Arizona Revised Statutes 
(A.R.S.), shall contain the sworn statement of each person sponsoring it; if the argument is 
submitted by an organization, it shall contain the sworn statement of two executive officers of the 
organization or if submitted by a political committee it shall contain the sworn statement of the 
committee’s chairman or treasurer. If the argument is submitted by an individual and not on behalf 
of an organization, a political committee or any other group, the person shall submit the argument 
with a sworn, notarized statement. Each argument filed shall also be submitted in electronic format 
to the City Clerk’s Office at Bond23@elmirageaz.gov . The names of persons and entities 
submitting written arguments shall be included in the informational pamphlet. The person or 
persons signing the argument shall identify themselves by giving their residence address and a 
telephone number, which shall not appear in the informational pamphlet except that the person’s 
city or town and state of residence shall appear in the pamphlet. Any argument that is submitted 
that does not comply with the above requirements may not be included in the informational 
pamphlet (A.R.S. § 35-454(A)(1)(n)). 
 
If you have any questions about the foregoing, please contact the City Clerk at 623-876-2943. 
 
/s/ Sharon Antes 
...................................... 
City Clerk, City of El Mirage, Arizona