HomeMy WebLinkAbout1958-02-28; City Council; Resolution 3462
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contract to the qualified voters of said City for their approval or rejection.
Section 3. That on the 17th day of December, 1957, the qualified
voters of the City of Carlsbad, California, approved said contract.
Section 4. That the City of Carlsbad has retained counsel for the
purpose of initiating litigation to comply with the requirements of subsection
Ifc” of Paragraph 11 of said contract, and have been advised that such require
proceedings result in undue delay and unnecessary expense in carrying out the
terms of the contract.
Section 5. That the following proposition is hereby ordered to be
RESOLUTION NO. 346
A RESOLUTION OF THE CITY COUNCILOF
THE CITY OF CARLSBAD, CALIFORNIA,
ORDERING THAT A PROPOSITION BE SUB-
MITTED TO THE VOTERS OF SAID CITY IN
THE GENERAL MUNICIPAL ELECTION TO BE
HELD ON April 8, 1953 FOR THE PURPOSE OF
DETERMINING WHETHER OR NOT THAT
CERTAIN CONTRACT BETWEEN THE CITY OF
CARLSBAD AND THE CARLSBAD MUTUAL
WATER COMPANY SHOULD BE AMENDED.
The City Council of the City of Carlsbad, California, DOES HEREBY
RESOLVE, DETERMINE AND ORDER as follows:
Section 1, On the 30th day of August, 1957, the City of Carlsbad
entered into a certain contract with the Carlsbad Mutual Water Company.
of the conditions in said contract provides in substance that the obligation of
the city to comply with the terms of said contract shall become effective only
when the voters of the city have approved said contract, Attached herewith
marked Exhibit A, and made a part hereof is a copy of said contract.
Onr
Section 2. That on December 17, 1957, in the City of Carlsbad, -
California, a special election was held for the purpose of submitting said
submitted to the qualified voters of the City of Carlsbad, California, at the
next general municipal election of the City of Carlsbad to be held on the 8th
day of April, 1958, said proposition to be printed substantially as follows:
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PROPOSITION A - CONTRACT AMENDMENT: Shall the
City Council be authorized to amend the Agreement of
Purchase between the City of Carlsbad and the Carlsbad
Mutual Water Company (Dated August 30, 1957 and approved
by the voters of the City December 17, 1957 and on file in
the office of the City Clerk) by striking therefrom the
provision requiring litigation, to wit:
"(c) The power of the Gityand the Mutual respectively, to enter into, and carry out the terms of, this agreement
has been established by a decree of a court of competent
jurisdiction. " ?
Section 6. The City Clerk is hereby directed to publish on 1March 6,
1958 and March 13, 1958 a synopsis of Proposition "A" in the Carlsbad Jo urna
a weekly newspaper published in the City of Carlsbad, which notice shall be
substantially in the following form:
MEASURE TO BE VOTED ON
Notice is hereby given that the following measure is to be voted on
at the general municipal election to be held in the City of Carlsbad on the
8th day of April, 1958:
PROPOSITION A - CONTRACT AMENDMENT: Shall the
City Council be authorized to amend the Agreement of Purchase between the City of Carlsbad and the Carlsbad Mutual Water
Company (Dated August 30, 19 57 and approved by the voters
of the City December 17, 1957 and on file in the office of the
City Clerk) by striking therefrom the provision requiring
litigation, to wit:
"(c) The power of the City and of the Mutual respectively, to enter into, and carry out the terms of, this agreement
has been established by a decree of a court of competent
jurisdiction". ?
Dated February 28, 1958.
.. W ALI)
City Clerk
Section 7.
PASSED, APPROVED AND ADOPTED at a regular
This resolution shall take effect upon its adoption.
ad*urned , .J
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meeting of the City Council held on the 28th day of February, 1958, by the
5ollowing vote, to wit:
AYES:, Mayor Castorena, Councilmen Robinson, Helton.
NOES: None
ABSENT: Councilman Ledgerwood. and Councilman Baird.
ATTEST: 11
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