STATE OF GEORGIA COUNTY OF FULTON Resolution

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1 STATE OF GEORGIA COUNTY OF FULTON Resolution A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JOHNS CREEK, GEORGIA, TO REGULATE AND PROVIDE FOR THE CALLING OF AN ELECTION TO DETERMINE THE ISSUANCE OR NON-ISSUANCE OF CERTAIN GENERAL OBLIGATION DEBT; REQUESTING A CALL FOR ELECTION OF THE VOTERS OF THE CITY OF JOHNS CREEK TO APPROVE OR DISAPPROVE THE ISSUANCE OF SUCH GENERAL OBLIGATION DEBT; APPROVING THE FORM OF BALLOT TO BE USED IN SUCH ELECTION; AND FOR OTHER PURPOSES. WHEREAS, the City Council (the City Council ) of the City of Johns Creek, Georgia (the City ) has undertaken to review and study the recreation and parks needs of the City, and such investigation discloses the need for parkland, park improvements, park build-out, greenways and recreation trails, and an indoor recreation center, including as described below: (the Projects ); and Cauley Creek Park Build Out Technology Park Linear Park Build Out Morton Road Park Build Out Bell Boles Park Build Out State Bridge Park Build Out Rogers Bridge Trail Across the Chattahoochee River Recreational Trails and Greenways Parkland Acquisition Autrey Mill Park Improvements Newtown Park Improvements Ocee Park Improvements Shakerag Park Improvements Indoor Recreation Center WHEREAS, pursuant to the City s Charter, Article IX, Section V of the Constitution of the State of Georgia and O.C.G.A et seq., the City is authorized to incur bonded indebtedness upon the assent of a majority of the qualified voters voting in an election held for such purposes; and WHEREAS, the City Council has determined that it is in the best interest of the citizens of the City that up to $40,000,000 of general obligation debt of the City (the Debt ) be issued to permit the City to finance all or a portion of the costs of the acquisition, construction and installation of the Projects and paying capitalized interest and the costs of issuing the Debt; WHEREAS, the City Council wishes to call for an election on November 8, 2016, for the purpose of approving or disapproving the issuance of the Debt; WHEREAS, the City has designated the Board of Elections and Registration of Fulton County (the Election Superintendent ) to perform all functions of the City in connection with

2 the conduct of said municipal special election to be held on November 8, 2016; NOW, THEREFORE, THE CITY COUNCIL HEREBY RESOLVES as follows: 1. Call for Election. There shall be called an election to be held in all the voting precincts in the City on the 8th day of November, 2016, for the purpose of submitting to the qualified voters of the City the question set forth in paragraph 2 below. 2. Form of Ballot. The ballots to be used in such election should have written or printed thereon substantially the following: YES NO Shall general obligation debt of the City of Johns Creek, Georgia be issued in the aggregate principal amount of up to $40,000,000 in order to fund the acquisition, construction and installation of city parks and recreation land, improvements and facilities, capitalized interest and the costs of issuing the debt? 3. Terms of Debt. The Debt shall bear interest from the first day of the month during which the Debt is to be issued or from such other date as may be designated by the City prior to the issuance of the Debt, at a rate or rates to be determined in a supplemental resolution to be adopted by the City Council prior to the issuance of the Debt, which rates shall not exceed 6% per annum, payable semiannually on the first days of April and October in each year until paid, and the maximum amount of principal to be paid on April 1 in each year during the life of such Debt shall be as follows: Date Amount Date Amount 4/1/2018 $ 600,000 4/1/2033 $ 1,250,000 4/1/ ,000 4/1/2034 1,320,000 4/1/ ,000 4/1/2035 1,380,000 4/1/ ,000 4/1/2036 1,450,000 4/1/ ,000 4/1/2037 1,520,000 4/1/ ,000 4/1/2038 1,600,000 4/1/ ,000 4/1/2039 1,680,000 4/1/ ,000 4/1/2040 1,760,000 4/1/ ,000 4/1/2041 1,850,000 4/1/ ,000 4/1/2042 1,940,000 4/1/ ,000 4/1/2043 2,040,000 4/1/2029 1,030,000 4/1/2044 2,140,000 4/1/2030 1,080,000 4/1/2045 2,250,000 4/1/2031 1,140,000 4/1/2046 2,360,000 4/1/2032 1,190,000 4/1/2047 2,480, Conduct of Election. The date of such election shall be and is hereby set for November 8, 2016, the polls of each election district of the City shall be open at 7:00 a.m. 2

3 and close at 7:00 p.m., and the election shall be held by the persons provided for in, and under and in accordance with, the election laws of the State of Georgia, and the returns of such election shall be made to the Election Superintendent, which shall count the votes, consolidate the returns and declare the result of said election in the manner required by law. The Election Superintendent is hereby authorized to conduct such election in accordance with the Election Agreement and the laws governing the same. 5. Waiver of Performance Audit or Review Requirements. The City hereby waives the performance audit and performance review requirements of O.C.G.A with respect to the Debt and hereby directs that the notice of the election contain language giving notice that the City is waiving such performance audit and performance review requirements, and further, that no performance audit or performance review of the nature described in O.C.G.A with respect to the Debt will be conducted. 6. Notice and Authorization to Election Superintendent. The City Clerk is hereby authorized and directed to deliver a copy of this Resolution to the Election Superintendent with a request that the Election Superintendent perform all functions of the City in connection with the conduct of the election, including the call for election in substantially the form attached hereto as Exhibit A or other legally sufficient form, in accordance with the Election Agreement. The City Clerk shall ensure that the call for election is published as required by law in the newspaper for which Sheriff s advertisements for Fulton County are published not later than ninety (90) days prior to the date of the election. 7. Publication and Delivery of Notice of Election. The City Clerk is hereby authorized and directed to publish the notice of said election (the Election Notice ) as required by law in the newspaper in which Sheriff s advertisements for Fulton County are published once a week for five weeks immediately preceding the date of the election in substantially the form attached hereto as Exhibit A. The City Clerk is hereby authorized and directed to transmit a copy of the Election Notice to the Secretary of State concurrently with the transmission of the Election Notice to the newspaper in which Sheriff s advertisements for Fulton County are published. 8. Property Tax Levy. Should the Debt be authorized by the requisite number of qualified voters, the City Council shall levy a tax upon all property subject to taxation for general obligation bond purposes within the City sufficient in amount to pay the principal and interest on the Debt at its respective maturities. 9. Further Authority. The proper officers and agents of the City are hereby authorized to take any and all further actions as may be required in connection with the acquisition, construction and equipping of the Projects above described and the issuance of the general obligation Debt as herein provided. 10. Brochures and Advertisements. In accordance with the provisions of Code of the Official Code of Georgia Annotated, as amended, any brochures, listings or other advertisements issued by the City Council or by any other person, firm, corporation or association with the knowledge and consent of the City Council shall be deemed to be a 3

4 statement of intention concerning the use of the funds derived from the Debt, and reference to same shall be contained in the legal advertisement of the election. adoption. 11. Effective Date. This Resolution shall take effect immediately upon its This 25 th day of July, (SEAL) CITY OF JOHNS CREEK, GEORGIA Mayor Attest: Clerk, City of Johns Creek, Georgia APPROVED AS TO FORM: City Attorney 4

5 EXHIBIT A NOTICE OF ELECTION TO THE QUALIFIED VOTERS OF THE CITY OF JOHNS CREEK, GEORGIA: NOTICE IS HEREBY GIVEN that on the 8th day of November, 2016, an election will be held at the regular polling places in all the election districts of the City of Johns Creek, Georgia, at which time there will be submitted to the qualified voters of the City of Johns Creek, Georgia for their determination the question of whether the general obligation debt of the City of Johns Creek shall be issued in the amount of up to $40,000,000 (the Debt ) to fund the acquisition, construction and installation of parkland, park improvements, park build-out, greenways and recreation trails, and an indoor recreation center, including as described below: Cauley Creek Park Build Out Technology Park Linear Park Build Out Morton Road Park Build Out Bell Boles Park Build Out State Bridge Park Build Out Rogers Bridge Trail Across the Chattahoochee River Recreational Trails and Greenways Parkland Acquisition Autrey Mill Park Improvements Newtown Park Improvements Ocee Park Improvements Shakerag Park Improvements Indoor Recreation Center (the Projects ), and paying capitalized interest and the costs of issuing the Debt. The Debt, if so authorized, may be issued by the City of Johns Creek, Georgia in whole or in part and in one or more series and shall bear interest from the first day of the month during which the Debt is to be issued or from such other date as may be designated by the City of Johns Creek, Georgia prior to the issuance of the Debt, at a rate or rates not to exceed 6% per annum, payable semiannually on April 1 and October 1 in each year, and the amount of principal to be paid on April 1 in each year during the life of such Debt shall be as follows:

6 Date Amount Date Amount 4/1/2018 $ 600,000 4/1/2033 $ 1,250,000 4/1/ ,000 4/1/2034 1,320,000 4/1/ ,000 4/1/2035 1,380,000 4/1/ ,000 4/1/2036 1,450,000 4/1/ ,000 4/1/2037 1,520,000 4/1/ ,000 4/1/2038 1,600,000 4/1/ ,000 4/1/2039 1,680,000 4/1/ ,000 4/1/2040 1,760,000 4/1/ ,000 4/1/2041 1,850,000 4/1/ ,000 4/1/2042 1,940,000 4/1/ ,000 4/1/2043 2,040,000 4/1/2029 1,030,000 4/1/2044 2,140,000 4/1/2030 1,080,000 4/1/2045 2,250,000 4/1/2031 1,140,000 4/1/2046 2,360,000 4/1/2032 1,190,000 4/1/2047 2,480,000 NO PERFORMANCE AUDIT OR PERFORMANCE REVIEW SHALL BE CONDUCTED WITH REGARD TO THE BONDS. Any brochures, listings or other advertisements issued by the City Council of the City of Johns Creek, Georgia or by any other person, firm, corporation or association with the knowledge and consent of the City Council of the City of Johns Creek, Georgia, shall be deemed to be a statement of intention of the City Council of the City of Johns Creek, Georgia, concerning the use of the proceeds of the Debt. The ballots to be used at such election shall have written or printed thereon substantially the following: YES NO Shall general obligation debt of the City of Johns Creek, Georgia be issued in the aggregate principal amount of up to $40,000,000 in order to fund the acquisition, construction and installation of city parks and recreation land, improvements and facilities, capitalized interest and the costs of issuing the debt? The election shall be conducted in accordance with applicable law, and the several places for holding said election shall be at the regular and established voting precincts of the election wards of City of Johns Creek, Georgia, and the polls will be open from 7:00 a.m. to 7:00 p.m. on the date fixed for the election.

7 Residents of the City of Johns Creek wishing to vote in the November 8, 2016 election to authorize general obligation debt, but who are not registered electors of the City of Johns Creek, Georgia, may register to vote through October 11, 2016 through 5:00 p.m. All residents of the City of Johns Creek qualified to vote at such election shall be determined in all respects in accordance with the election laws of the State of Georgia. Georgia. This notice is given pursuant to a resolution of the City Council of Johns Creek, Joan Jones, City Clerk, City of Johns Creek

8 CLERK S CERTIFICATE The undersigned, Joan Jones, Clerk of the City of Johns Creek, DOES HEREBY CERTIFY that the foregoing pages of typewritten matter constitute a true and correct copy of a resolution adopted by the City Council of the City of Johns Creek, Georgia on July 25, 2016, at a meeting which was duly called and assembled and open to the public and at which a quorum was present and acting throughout, which resolution has not been modified, repealed, revoked or rescinded as of the date hereof. This day of, (SEAL) Joan Jones, Clerk of the City of Johns Creek

RESOLUTION NO. l 11 i".;t..

RESOLUTION NO. l 11 i.;t.. RESOLUTION NO. l 11 i".;t.. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MESA, MARICOPA COUNTY, ARIZONA, ORDERING AND CALLING A SPECIAL BOND ELECTION TO RUN CONCURRENTLY WITH THE NOVEMBER 6, 2018, GENERAL