Title
Resolution to Order Election and to Determine Ballot Question for Referendum in Question if Issuance of 2008 Courts and Police Facilities Capital Improvement Bond
Body
Whereas, Section 8.17 of the Ann Arbor City Charter authorizes City Council to issue bonds for any purpose within the scope of the powers vested in the City;
Whereas, City Council approved Resolution R-08-143 regarding notice of its intent to issue General Obligation Capital Improvement bonds in an amount not to exceed Thirty-one Million Dollars ($31,000,000) for the purpose of paying a portion of the costs of construction of a new building annexed to City Hall to house 15th District Court and Police facilities and operations and related site improvement including construction of secured parking for government purposes;
Whereas, A Notice of Intent to issue bonds was published in accordance with Section 517 of Act 34 of the Public Acts of 2001, as amended, which provides that capital improvement bonds may be issued without a vote of the electors of the City unless a proper petition for an election on the question of the issuance of the Bond is filed with the City Clerk within a period 45 days from the date of publication;
Whereas, Thereafter during the statutory 45-day notice period, a citizen group, Ask Voters First.org circulated a petition for a referendum on the question of issuance of the Bonds;
Whereas, Ask Voters First.org failed to file with the City a petition before the close of the notice period although an unverified number of signatures, which may or may not have been certified as proper by the City if a petition had been filed, were collected and totaled by the circulator at 5600 signatures (being less than the total number of signatures which would have been required to place the question before the registered electors of the City);
Whereas, It is recognized that City Council has full and legal authority to issue the Bonds at this time; and
Whereas, Notwithstanding City Council's authority to issue the Bonds, Council recognizes the good faith effort of the circulator, Ask Voters First.org, to place the question of issuance of the ballot, and wishes to voluntarily place the question before the registered electors of the City;
RESOLVED, That the Ann Arbor City Council being fully apprised that it has all requisite legal authority to issue the 2008 Courts and Police Facilities Capital Improvement Bonds (Limited Tax General Obligation) voluntarily approves a referendum on the question of issuance of a general obligation capital improvement bond to finance a portion of the costs of construction and related site improvements for the construction of a new 15th District Court/Police building;
RESOLVED, That November 4, 2008 is designated as the day for holding an election on the proposed referendum;
RESOLVED, That the Clerk shall perform all other acts required by law for placement of the referendum on the ballot and holding the election;
RESOLVED, That that the proposed referendum shall appear on the ballot in the following form:
ANN ARBOR CITY BOND REFERENDUM REQUIRING VOTER APPROVAL OF THE SALE OF GENERAL OBLIGATION CAPITAL IMPROVEMENT BONDS FOR FINANCING THE CONSTRUCTION OF 15TH DISTRICT COURT/POLICE BUILDING
Should the City issue General Obligation Capital Improvement Bonds in one or more series in an aggregate principal amount not to exceed Thirty-one Million Dollars ($31,000,000) for the purpose financing a portion of the costs of acquiring and constructing a building annexed to City Hall to house court and police facilities and operations of the City and certain site improvements and activities related to the project?
□Yes □No
RESOLVED, That the proposed ballot question shall be published in full not fewer than two times in the Ann Arbor News; and
RESOLVED, That the City shall not authorize the sale of municipal securities for the purpose and in the amount stated until authorized by a vote of a majority of the registered electors of the City qualified to vote and voting on the question in the general election.
Staff
Prepared by: Mary Fales, Assistant City Attorney
Sponsored by: Councilmember Anglin