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HomeMy WebLinkAbout1986-07-22; City Council; 1290; 04Nov86 special electionb 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STRADLING. YOCCA. CARLSON R RAUTH LAWYERS NEWPORT BEACH. CA ORDINANCE NO. 1290 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ORDERING, CALLING, PROVIDING FOR AND GIVING NOTICE OF A SPECIAL ELECTION TO BE HELD IN SAID CITY ON NOVEMBER 4, 1986, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED VOTERS OF SAID CITY A PROPOSITION TO INCUR BONDED INDEBTEDNESS BY SAID CITY FOR A CERTAIN MUNICIPAL IMPROVEMENT AND CONSOLIDATING SAID SPECIAL ELECTION WITH THE STATEWIDE ELECTION TO BE HELD ON SAID DATE WHEREAS, at a meeting held prior to the meeting at which this ordinance is adopted the City Council, by a vote of at least two-thirds of the members hereof, adopted a resolution determining that the public interest and necessity demand the acquisition of a certain municipal improvement, and making findings relating thereto: NOW, THEREFORE, the City Council of the City of Carlsbad hereby does find, determine, resolve and order as follows: 1. That a special election be held and the same is hereby called to be held in said City on November 4, 1986, for the purpose of submitting to the qualified voters of said City the proposition hereinafter set forth of incurring indebtedness and issuing bonds of said City therefor, in the principal amount stated in the ballot proposition hereinafter set forth, and for the object and purpose set forth in said resolution and in said ballot proposition. 2. That the estimated cost of the municipal improvement described in said ballot proposition is the sum of $5,950,000. The estimated cost of said municipal improvement includes the following: (a) legal or other fees incidental to or connected with the authorization, issuance and sale of the bonds, and (b) + ,. \ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STRADLING. YOCCA. CARLSON a RAUTH LAWYERS NEWPORT BEACH CA the costs of printing the bonds and other costs and expenses incidental to and connected with the authorization, issuance and sale of the bonds. 3. That the maximum rate of interest to be paid on said indebtedness shall not exceed the maximum rate permitted by law, to wit, twelve percent (128) per annum, the actual rate or rates of interest on said bonds to be determined at or prior to the time of the sale or sales thereof. Said interest shall be payable semiannually except that interest for the first year may be made payable at the end of said year. 4. That the polls for said election shall open at seven o'clock a.m. of the day of said election and shall remain open continuously from said time until 8:OO o'clock p.m. of the same day, when said polls shall be closed, except as provided in Section 1301 of the Elections Code of the State of California. 5. That on the ballots to be used at said special election, in addition to any other matters required by law, there shall be printed substantially the following: MARK CROSS (+) ON BALLOT ONLY WITH RUBBER STAMP: NEVER WITH PEN OR PENCIL. ABSENTEE BALLOTS MAY BE MARKED WITH PEN AND INK OR PENCIL.) INSTRUCTIONS TO VOTERS To vote on any measure, stamp a cross (+) in the voting square after the word "YES" or after the word "NO." All marks except the cross (+) are forbidden. All distinguishing marks or erasures are forbidden and make the ballot void. If you wrongly stamp, tear or deface this ballot, return it to the inspector of election and obtain another. 2 23 8k/206 2/ - -2- 1 1 2 3 a 9 10 11 12 13 3.4 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STRADLING. YOCCA. CARLSON a RAVTH LAWYERS NEWPORT BEACH. CA On absent voter ballots mark a cross (+) with pen or pencil. Bond Proposition: Shall the City of Carlsbad, California, incur a bonded indebtedness in the principal amount of $5,950,000 for the purpose of the acquisition by said City of a certain municipal improvement, to wit: approximately 52.68 acres of undeveloped land known as Hosp Grove to be acquired for park and open space purposes, and for the payment of all costs and expenses in connection with such acquisition and the issuance of the bonds? 6. That a cross (+) placed in the voting square after the word "YES" in the manner hereinbefore provided shall be counted in favor of the adoption of the proposition. A cross (+) placed in the voting square after the word "NO" in the manner hereinbefore provided shall be counted against the adoption of the proposition. 7. That if the proposition for the incurring of bonded indebtedness so submitted receives the requisite number of votes, to wit, two-thirds of the votes of the qualified electors voting on said proposition, bonds of said City, in not exceeding the principal amount stated in such proposition, may be issued and sold for the object and purpose set forth in said proposition. 8. That the special election hereby called for the date hereinbefore specified shall be and is hereby ordered consolidated with the statewide election to be held on said date, and within said City the precincts, polling places and officers of election for the special municipal election hereby called shall be the same as those provided for said statewide election. The Board of Supervisors of San Diego County is hereby requestd to order the consolidation of the special municipal election hereby called with said statewide election, and said Board of -3- - 2 2 3 8k /2 0 6 2 / *" 1 2 3 4 10 11 12 13 3.4 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STRADLING. YOCCA. CARLSON e RAUTH LAWYERS NEWPORT BEACH CA Supervisors is hereby authorized to canvass the returns of said special municipal election, and said elections shall be held in all respects as if there were only one election, and only one form of ballot, namely, the ballots used at said statewide election, shall be used. Said Board of Supervisors shall certify the results of the canvass of the returns of said special municipal election to the City Council of said City which shall thereafter declare the results thereof. A proposition submitted by this ordinance shall be designated on the ballot by a letter printed on the left margin of the square containing the description of the measure, as provided in Section 10219 of the Elections Code. This masure shall appear in the second position on the CiQ ballot. 9. That except as otherwise provided in this ordinance, the election called hereby shall be conducted as provided by law for other municipal elections in said City. 10. That the City Clerk shall cause this ordinance to be published once a week for two weeks in the Carlsbad Journal, a newspaper published less than six days a week in the City. No other notice of such election need be given. PASSED, APPROVED AND ADOPTED by the City Council of the City of Carlsbad, California, at a regular meeting held on the 22nd day of July , 1986, by the following vote, to wit: I_ AYES : Council Members Casler, Lewis, Kulchin and Pettine NOES : None ABSENT : Council Member Chick , Mayor ATTEST : 4- 2 23 8k/20 6 2/ -