Ordinance 145811N CRD32~1NC8 OF '!~ C1TY OODNCII, OF 'I~ CITY OF CtJPERI'INb
ORDFRII~IG 'I!~ 6UHI~ffSSICN OF A PFmPOSI'i'ION OF G HDNDID
LE 9P FOR '~ P~A2PO6E OF '1~ ACQUISZ'I'ICN, OD~TCPICN AND OQ~tEI'ION
OF PARK, RATIONAL AND OPFN SPACE LAND AND Il~VII~2~TI'3
'!l7 'III QIAI,'LFg9 WTFRS OF 2HE CITY OF C{JPF~TII~A AT AN
ECECl'IQN TO BE HELD Fit 2f1AT PDRPOSE
the City Clouncil of the City of CVpattino does ordain as follows:
WF~T2E'AS, this City Council of the City of Q>pertla~o (the "City") has
heretofore adopted, by a tsa-thuds vote of all the members oP said
OotIISC31, .Resolution No. 7566 entitled "A Resolution Of the City Council of
the City of Cupertino Deterndnirq Zhat the Public Interest and Necessity
Demand the Acquisition, Ocnstnsction and Oca~letlan o! Park, Recreational
arri Open Spans Zand asxl I~xvvements and their Financing 7hrourjh the
ISSUance of G@[IHI3l Obligation Hoods" (the "lteBOlution")t
~'AS, in arsier to pavvide for the issuance by the City of its
general obligatim bads to finatre the impraremsrfts described in the
Resolution, it is necessary far this Council to pass en artilinarsoe ortileri~
the submission of the p~rvposition o! irnurring barxlad indebtedness !ar
such purpose to the qualified voters of the City at an election held far
that purpose; and
PkH~FAS, this Oasncil desires to submit said ballot measuze to the
qualified voters of the City at a specie]. district election to be held ii1
the City on November 8, 1988.
NOW, 'If~I~k~, IT IS A3 FOLiAWS:
Section 1. sat a special masicipal alecticn is hereby called and
ozdered to be held in the City on November 8, 1968, at r+hich election
there shall be submitted to the qualified vvtezs the px+opositicn set lorth
below.
Section 2. Rhat said propositia~ shall appear on the ballot !ar said
special maLicipal election in the following farm:
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oRnao+NCE ra. lase
Shall the City
oP Cupextirw ba authorized to issue general ahligatiarr bc~xls in the
principal amaart of thirty million collars ($30,000,000.00) Par the
purpose of the aoquisiticn, .construction aryl ocapletian of park,
recceatiaY.+l and open space land and 1aQrovemmrts, all as more
particularly described iti Ordinance No. 14581 the principal amount of
general obligation bands to be issued for the Park Program is not to
e~oceed thirty million dollars ($30,000,000.00); provided, that the
fatal principal amount of bonds issued and outstanding at any one time
shall trot exceed an amount which would require the levy of a tax far
the putl~ose of paying debt servios on the artstanding borYfs at a rate
which would result in an annual tax for bond purposes in excess of
$60.00 against real p~perty valued on the tax rolls at $100,000.00?
The foregoing provision shall not be construed to limit the power and
duty of the City Council to cause to be levied and wllected a tax
clearly sufficient to pay such debt service in any fiscal year.°
This City Council dogs hereby sutmit to the qualilied voters of the
City, at said special +~mi_~ ? election, this oniinarrs and the
proposition set forth above.
Section 3. the indebtedness to be inarrred by the City shall be far
the object and purpose of the acquisition aryl oonstzucticn ar~d oa~letion
of park, recreational and open space larxi and imprcvemer-ts and may include
any properties as desicg~ated as recc~eational open space in the City of
Cupertino's General Plan as now ar lserenfter amended, including Blackberry
Farm Pr'oP~Y, DeAnza Ramat Club Pz'oP~Y, Deep Cliff Golf Cause
property and Quarry property whic3r is the abandoned quarry adjaoerst to
Deep C1ifP Golf Nuzse.
All of the loregoing park, recreational and open space larri and
imprvvemerrts are referz+ed to herein collectively as the "Park Program".
Said indebtedness shall irrlude the cost of legal and other lees and the
cost of printing bonds and other costs and expanses, i.-~cid~tal to ar
oocu~ected with the issuarre aryl sales of the general obligation barrda to
be issued to linance the Plar'k Program (oollectivaly, the"Bocci Issuance
Fees and 13tpenses").
Secticar 4. The estimated casts of the aoquisitian, ca~structicn an3
oompletiac~ of the Park Program, including any Hand Issuance Fees arYi
Eases attritutable thereto, is not to exceed thirty million collars
($30,000,000.00).
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oxDn~mxce Mo. lass
...Section 5. ZYte principal aooaatt of general obligaticat bac~ds o be'
issued for the Park Program is not to eaaoeeri thirty million dollars
(530,000,000.00): provided, that the total principal amount of bowls
issued oral artstanding at arty a~a time shall not exceed nn amount which
would require the levy of a tax Por the lw.~xtee of paying debt service an
the outstartdirtg bonds at a rate which would result in an annual tax for
bond p~orposes in excess of $60.00 against real property valued o~n the tax
rolls at $100,000.00. Rate foregoing provision shall not be cottsttved to
limit the power ar><i duty of the city Cbtancil to cause to be levied and
wllecterl a tax clearly sufficient to pay such debt service in arty fiscal
year.
Section 6. 'ihe rate o! interest to be paid an the bonds for the Park
Program stroll not exceed twelve pa>;oertt (12~) per artraan (unless the
maximum intsr+est rata far general obligation bonds of the City shall
hereafter ba increased by the legislature of the State of Califa~rnia, in
which event said maximum fixed by said legislature shall apply).
Section 7. Zhis City Camcil does he>:ebyr submit to the qualified
voters of the City, at said special municipal election, this Ordinance and
proposition set Earth in Sectiaa 2 hereof. Rhe City pzoposes to aociuire,
oonstnrct acrd date the Park Program aryl to issue and sell general
obligation binds of the City pursuant to Article 9, oommertcing with
Section 43600, oP Chapter 4 of Division 4 of Title 4 of the Goverr~ertt
Code o! the State of California, in one arroom series, in the maxita:au
amount artd fair the objects artd purposes set forth above if two-thirds of
all qualified voters voting an the prapositicn set forth above vote in
favor thereof. Zhe bands are to be general obligations of the City
payable from and sectored by texas levied and collected in the manner
prescribed by laws of the State of Califarnia. All of said bonds are to
ba equally and ratably saauted, without poiov'ity, by ttta taxirg power of
the City.
Sectiar e. Ztte palls far said election shall be opoa~ad at seven
o'clock A.M. o! the day of said election and shall remain open
oontirnrously frao said time until eicQtt o'clock P.M. of the same day ,
when said polls shall ba closed, as provided in Section 14301 0!
the Elections Coda of the 3tata of Calitarnia.
Section 9. 4ha special m~aticipnl electirn ~h!' called far the date
hereinbafore specified stroll ba, and is hereby, ordered consolidated with
the statewide ..general election to ba held within the City rn said date,.
and within the territory alPacted by the axtsolidaticn, the election shall
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a~nn~mtacE r~o. lase
be held and cocducted, alectian oftioers appoirsted. P~i~
designated, ballots printed, Polls opened aryl closed, ballots caulked' end
rattnrned, returns canvassed, results declared, and all other pzooesdirx~s
inciderstal to and ooQU~ecsted with the election shall be zegulated errd dons
in aooordarre with the prwisians of law regulating the statewide general.
election and specified herein. ~e eoani of Supervisors of Santa Clara
County is hereby requested to order the cca~solidatirn of the special
rmrtsicipal election hereby called with said statewide general election, and
the Board of Supervisors of the Qamty of Santa Clara is hereby authorized
to canvass the returns of said special municipal election, and said
election shall ba held in all respects as if there were only one election
arxi only one form of ballot shall be used in each of the affected
counties. Said Boani of Supervisors shall certify the results of the
canvass of the returns of said special municipal electiar to the City
Council which shall thereafter declare the zesults thereof. Zhe measur+s
sutsaitted by this Ordinance shall be desiccated m each ballot by a letter
printed m the left margin an the square oarrtainirnq the description of the
measure, as provided in Section 10219 of the Elections Oars of the State
of California.
Section 10. the elections hereby consolidated stroll be held in all
respec.~ts as if there were only one election, and only one foe of ballot
shall be used.
Section il. All persor>s qualified to vote at general municipal
electia~s in the City upon the data of the election herein provided for
shall be qualified to vote upon the proposition submitted at said spacial
election.
6ection 12. Ballots far the election shall be provided in the farm
and in the tA~bar provided by law. On said ballots, in addition to any
other printed matter which may be required by lawn two voting squares
shall be set off to the right of the pmopositian suYmitted at the
election, in the mariner provided by law, one having the word "10:5" printed
before it, arnd the other having the word "NO" printed before it.
Sectim 13. Each voter to vote far the pmopositicn and fns the
inarrrirng of said indebtedness shall staff ar write a canes, ar indicate
by hole punc3i ar other means, in the blank space opposite the woad "ICES"
on the ballot to the right of the pr~opositim: arnd each voter to vote
against the Proposition a~ against the irx~rrinq of the indebtedr>ass
shrill staip ar write a cross, ar indicate by hale punc3i ar other nears;, in
the blank space opposite thsward "tiO" on the ballot to the right of the
prnpoeitian.
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CH2D~NCE N0. 1458
Section 14. Zhis amdinanoe shall brt published arse a day for at least
seven days in a newspaper printed, published aM citwlated at least six
days a week in the City, or acne a week far two weeks in a newspaper
printed, published and cizsulated less than six days a week in the City.
the fizst of said publications shall, in either event, be within fifteen
(15) days after the adoption of this Ordirsarne. Zhe City Clerk is hereby
authorized and directed to make said publications and to transmit, for
z+eoeipt no later than August 12, 1988, a oertitied Dopy of this otdinanoe
to the appropriate officials of the ~tY of Santa Clara z+esponsible far
preparing the ballots for said electia-.
Section 15. Zliis Ozrlinanoe shall beoam effective immediately upon
its adoption by two-thirria vote of all the members of this Cuulcil.
INlRDOLiCID at a z~egular meeting o! the City Council of the City of
Cupertino this ,lgtb day of July , 1988 atxl IIZAL'rID at a regular meeting
oP the City Cauycil of the City o! Cupertino this 25th day of J~1v _,
1988 by the following vote:
Y4S8 M~bezs of the City Cb:uicil
AYFS: Johnson, Koppel. Rogers. Gatto
NOFS: None
AHSF2dP: Plungy
AffiAIl~t: None
11PA~7VIDt
T1
City of
ATI~ST:
City Clerk
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