R23-04-06 Bond Resolution and Call of Election
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683055510 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. 2 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. 3 (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 4 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