Ballot Language/Ordinance
Extracted text (via pymupdf)
25180 characters
ACTIVE 50700844v2
SECOND DRAFT DATED MAY 29, 2020
ORDINANCE NO. O20-____
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE
CITY
OF
GLENDALE,
ARIZONA,
ORDERING
AND
CALLING A SPECIAL ELECTION TO BE HELD ON
NOVEMBER 3, 2020, IN AND FOR THE CITY OF
GLENDALE, ARIZONA, TO SUBMIT TO THE QUALIFIED
ELECTORS THEREOF QUESTIONS OF SELLING AND
ISSUING BONDS PAYABLE FROM SECONDARY (AD
VALOREM) PROPERTY TAXES
WHEREAS, the Mayor and Council of the City of Glendale, Arizona
(hereinafter referred to as 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 Section 35-452, Arizona Revised Statutes, as
amended, the Mayor and Council of the City must order an election to determine whether
such indebtedness shall be authorized (hereinafter referred to as the "Election");
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GLENDALE, 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 3, 2020, at which time there shall
be submitted to the qualified electors of the City questions relating 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 (hereinafter referred to as the "Official Ballot")
2
ACTIVE 50700844v2
(B)
That if a question passes at the Election, the aggregate
principal amount of the bonds to be authorized at the Election with respect to such
question shall be the applicable amount set forth in the Official Ballot; the maximum rate
of interest to be paid thereon shall be not more than ___ percent (___%) per annum; the
minimum and the maximum number of years bonds of any issue or series authorized at
the Election may run from their date shall be [five (5) years] and twenty-five (25) years,
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 $9,435,000 in
outstanding general obligation debt chargeable against the 6% limit and $136,118,000 in
outstanding general obligation debt, including principal and allocable unamortized
premium, chargeable against the 20% limit and the constitutional debt limit of the City is
$521,987,654, being 26% of the net assessed full cash value of the City (which debt limit
based on an estimated value provided by the assessor of Maricopa County, Arizona
(hereinafter referred to as the "County") for 2020).
Section 2. That the Official Ballot shall be in substantially the form attached
hereto as Exhibit "A."
Section 3. (A) That notice of the Election shall be given by mailing an
informational pamphlet (hereinafter referred to as the "Informational Pamphlet") to each
household with the City that contains a registered voter not less than thirty-five (35) days
before the date of the election.
3
ACTIVE 50700844v2
(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. The Clerk of the City is hereby authorized and directed
to submit, within thirty (30) days after the date of the Election, a copy of the Informational
Pamphlet to the Arizona Department of Revenue.
(C)
That, pursuant to Section 35-454, Arizona Revised Statutes,
as amended, the City hereby sets the date of August 5, 2020, 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 the notice in
the form and by the means provided in the form attached hereto and marked Exhibit "B"
(hereinafter referred to as the "Request for Arguments"). The Clerk of the City is
authorized to revise the form of notice hereto as necessary to comply with all applicable
laws.
Section 4. That the Informational Pamphlet shall contain the information
required by Section 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 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
4
ACTIVE 50700844v2
materials is required, to-wit: Request for Arguments, Informational Pamphlet, Official
Ballot, Absentee/Early Voting Materials and Voting Instructions.
Section 6. (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 the precincts and polling places shall be those utilized by
the County for the general election to be held concurrently with the Election. The City
Clerk of the City is authorized and directed to take all actions, including entering into a
contract with the County Recorder of the County to enter into an agreement with the
Elections Department of the County to conduct the Election for the City. The City Clerk
of the City shall coordinate with the Elections Department of the County to designate a
location for purposes of replacing ballots that have been lost, spoiled, destroyed or not
received by the elector. Notwithstanding the foregoing, it is intended that the Election be
conducted using the same procedures as those utilized for the concurrent general
election, including if applicable, using a mail-only ballot if so authorized and determined
by the Elections Department of the County.
(C)
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.
5
ACTIVE 50700844v2
(D)
That the Clerk of the City is hereby authorized to take all
necessary action to facilitate the Election.
Section 7. (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 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 in each case.
6
ACTIVE 50700844v2
PASSED by the Council of the city of Glendale this _________ day of June,
2020.
Jerry Weiers
Mayor
ATTEST:
Julie K. Bower
City Clerk
APPROVED AS TO FORM:
Michael D. Bailey
City Attorney
REVIEWED BY:
Kevin R. Phelps
City Manager
A-1
ACTIVE 50700844v2
EXHIBIT "A"
FORM OF OFFICIAL BALLOT
PROPOSITION NO. 1
LANDFILL
PRINCIPAL AMOUNT $___________
Shall the City of Glendale, Arizona (the "City"), be authorized to incur indebtedness
in the total principal amount of not to exceed $____________ by the issuance and sale
of bonds of the City for the purpose of providing funds for landfill projects, including, but
not limited to the following:
• planning, acquiring, constructing, extending, improving landfill facilities
• ______________________________________________________________
• ______________________________________________________________
including providing for other general capital expenses or for liquidating any indebtedness
already incurred for such purposes and for paying other costs related thereto, including,
but not limited, to all legal, financial, engineering, architectural, project management and
administration and other necessary costs in connection therewith and, in connection
therewith as necessary, to acquire all necessary and related facilities, equipment,
appurtenances and 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 25 years from their date and to bear interest at a rate of not to
exceed ___% per annum and may be sold at prices that include premiums not greater
than permitted by law?
The issuance of these bonds will result in a property tax increase sufficient to pay
the annual debt service on the bonds.
A "YES" vote shall authorize the governing body of the City to issue and sell
$____________ 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
A-2
ACTIVE 50700844v2
PROPOSITION NO. 2
GOVERNMENT FACILITIES
PRINCIPAL AMOUNT $___________
Shall the City of Glendale, Arizona (the "City"), be authorized to incur indebtedness
in the total principal amount of not to exceed $____________ by the issuance and sale
of bonds of the City for the purpose of providing funds for government facilities projects,
including, but not limited to the following:
• planning and constructing a new public works operating center;
• acquiring or constructing additional city buildings and facilities;
• planning, acquiring or constructing a tourism visiting center, additional restrooms
and related infrastructure;
• ______________________________________________________________
• ______________________________________________________________
including providing for other general capital expenses or for liquidating any indebtedness
already incurred for such purposes and for paying other costs related thereto, including,
but not limited, to all legal, financial, engineering, architectural, project management and
administration and other necessary costs in connection therewith and, in connection
therewith as necessary, to acquire all necessary and related facilities, equipment,
appurtenances and 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 25 years from their date and to bear interest at a rate of not to
exceed ___% per annum and may be sold at prices that include premiums not greater
than permitted by law?
The issuance of these bonds will result in a property tax increase sufficient to pay
the annual debt service on the bonds.
A "YES" vote shall authorize the governing body of the City to issue and sell
$____________ 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
A-3
ACTIVE 50700844v2
PROPOSITION NO. 3
PARKS AND RECREATION
PRINCIPAL AMOUNT $___________
Shall the City of Glendale, Arizona (the "City"), be authorized to incur indebtedness
in the total principal amount of not to exceed $____________ by the issuance and sale
of bonds of the City for the purpose of providing funds for parks and recreation projects,
including, but not limited to the following:
• planning and constructing new parks and recreation facilities City-wide;
• new swimming pools and outdoor multi-sport recreation centers;
• constructing, adding to and renovating existing parks and recreation;
• furnishing and equipping parks and recreation facilities
• ______________________________________________________________
• ______________________________________________________________
including providing for other general capital expenses or for liquidating any indebtedness
already incurred for such purposes and for paying other costs related thereto, including,
but not limited, to all legal, financial, engineering, architectural, project management and
administration and other necessary costs in connection therewith and, in connection
therewith as necessary, to acquire all necessary and related facilities, equipment,
appurtenances and 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 25 years from their date and to bear interest at a rate of not to
exceed ___% per annum and may be sold at prices that include premiums not greater
than permitted by law?
The issuance of these bonds will result in a property tax increase sufficient to pay
the annual debt service on the bonds.
A "YES" vote shall authorize the governing body of the City to issue and sell
$____________ 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
A-4
ACTIVE 50700844v2
PROPOSITION NO. 4
LIBRARY
PRINCIPAL AMOUNT $___________
Shall the City of Glendale, Arizona (the "City"), be authorized to incur indebtedness
in the total principal amount of not to exceed $____________ by the issuance and sale
of bonds of the City for the purpose of providing funds for library projects, including, but
not limited to the following:
• planning, designing and constructing new library facilities;
• planning, adding, improving and renovating existing library facilities;
• furnishing and equipping buildings and facilities and improving grounds
• ______________________________________________________________
• ______________________________________________________________
including providing for other general capital expenses or for liquidating any indebtedness
already incurred for such purposes and for paying other costs related thereto, including,
but not limited, to all legal, financial, engineering, architectural, project management and
administration and other necessary costs in connection therewith and, in connection
therewith as necessary, to acquire all necessary and related facilities, equipment,
appurtenances and 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 25 years from their date and to bear interest at a rate of not to
exceed ___% per annum and may be sold at prices that include premiums not greater
than permitted by law?
The issuance of these bonds will result in a property tax increase sufficient to pay
the annual debt service on the bonds.
A "YES" vote shall authorize the governing body of the City to issue and sell
$____________ 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
A-5
ACTIVE 50700844v2
PROPOSITION NO. 5
STREETS AND PARKING
PRINCIPAL AMOUNT $___________
Shall the City of Glendale, Arizona (the "City"), be authorized to incur indebtedness
in the total principal amount of not to exceed $____________ by the issuance and sale
of bonds of the City for the purpose of providing funds for streets and parking projects,
including, but not limited to the following:
• constructing, reconstructing and maintaining major and local streets, highways and
bridges within the City;
• constructing, reconstructing and improving downtown and City-wide parking
garages;
• street signage, lighting, street widening and landscaping
• ______________________________________________________________
• ______________________________________________________________
including providing for other general capital expenses or for liquidating any indebtedness
already incurred for such purposes and for paying other costs related thereto, including,
but not limited, to all legal, financial, engineering, architectural, project management and
administration and other necessary costs in connection therewith and, in connection
therewith as necessary, to acquire all necessary and related facilities, equipment,
appurtenances and 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 25 years from their date and to bear interest at a rate of not to
exceed ___% per annum and may be sold at prices that include premiums not greater
than permitted by law?
The issuance of these bonds will result in a property tax increase sufficient to pay
the annual debt service on the bonds.
A "YES" vote shall authorize the governing body of the City to issue and sell
$____________ 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
A-6
ACTIVE 50700844v2
PROPOSITION NO. 6
PUBLIC SAFETY
PRINCIPAL AMOUNT $___________
Shall the City of Glendale, Arizona (the "City"), be authorized to incur indebtedness
in the total principal amount of not to exceed $____________ by the issuance and sale
of bonds of the City for the purpose of providing funds for government facilities projects,
including, but not limited to the following:
• planning and constructing a fire and police and substations, and other public safety
buildings and facilities;
• acquiring additional and replacement police and fire protection equipment and
vehicles;
• renovating and improving existing public safety facilities;
• planning and constructing a new court building;
• planning and constructing a public safety training facility
• ______________________________________________________________
• ______________________________________________________________
including providing for other general capital expenses or for liquidating any indebtedness
already incurred for such purposes and for paying other costs related thereto, including,
but not limited, to all legal, financial, engineering, architectural, project management and
administration and other necessary costs in connection therewith and, in connection
therewith as necessary, to acquire all necessary and related facilities, equipment,
appurtenances and 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 25 years from their date and to bear interest at a rate of not to
exceed ___% per annum and may be sold at prices that include premiums not greater
than permitted by law?
The issuance of these bonds will result in a property tax increase sufficient to pay
the annual debt service on the bonds.
A "YES" vote shall authorize the governing body of the City to issue and sell
$____________ 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
A-7
ACTIVE 50700844v2
PROPOSITION NO. 7
FLOOD CONTROL
PRINCIPAL AMOUNT $___________
Shall the City of Glendale, Arizona (the "City"), be authorized to incur indebtedness
in the total principal amount of not to exceed $____________ by the issuance and sale
of bonds of the City for the purpose of providing funds for flood control projects, including,
but not limited to the following:
• planning, constructing, acquiring and installing flood control facilities, which may
include joint facilities to be used with others;
• storm sewer lines, flood control channels and detention and retention basins;
• ______________________________________________________________
• ______________________________________________________________
including providing for other general capital expenses or for liquidating any indebtedness
already incurred for such purposes and for paying other costs related thereto, including,
but not limited, to all legal, financial, engineering, architectural, project management and
administration and other necessary costs in connection therewith and, in connection
therewith as necessary, to acquire all necessary and related facilities, equipment,
appurtenances and 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 25 years from their date and to bear interest at a rate of not to
exceed ___% per annum and may be sold at prices that include premiums not greater
than permitted by law?
The issuance of these bonds will result in a property tax increase sufficient to pay
the annual debt service on the bonds.
A "YES" vote shall authorize the governing body of the City to issue and sell
$____________ 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
ACTIVE 50700844v2
EXHIBIT "B"
FORM OF REQUEST NOTICE
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 TO BE CONSIDERED BY
THE VOTERS OF THE CITY OF GLENDALE, ARIZONA, AT
AN ELECTION TO BE HELD ON NOVEMBER 3, 2020.
Pursuant to Ordinance No. O20-_______ adopted by the Mayor and
Council of the City of Glendale, Arizona, (the "City"), on June ______, 2020 (the
"Ordinance”), November 3, 2020 (the "Election") to be held concurrently with the
Statewide general election. Notice of the Election will be given by mailing an informational
pamphlet. Such information 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 questions to be considered at the Election
is included in the Ordinance which is available at the Office of the Clerk of the City at 5850
West Glendale Avenue, Suite 455, Glendale, Arizona 85301.) Any person interested in
providing any such argument is hereby requested to provide the same to the Clerk of the
City at the address indicated above before 5:00 p.m., Arizona time on August 5, 2020. If
you have any questions about the foregoing, please contact the Clerk of the City at (623)
930-2252, option “1”.
/s/ Julie K. Bower
City Clerk, City of Glendale, Arizona
B-2
ACTIVE 50700844v2
This Request (along with Spanish translation thereof) should be posted at all places at
which notices of meetings of the Mayor and Council of the City are posted and published
once in the [Glendale Star].