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HomeMy WebLinkAbout2008-07-01; City Council; Resolution 2008-2031 RESOLUTION NO. 2008-203 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING THE 3 CERTIFICATION AND AUTHENTICATION OF THE CHARTER BALLOT MEASURE SUBMITTED AND APPROVED BY A 4 MAJORITY VOTE BY THE VOTERS OF THE CITY OF CARLSBAD. 5 WHEREAS, a Special Municipal Election was held and conducted in the City of6 7 Carlsbad, California, on Tuesday, June 3, 2008, as required by law; and 8 WHEREAS, the City Council, pursuant to its right and authority, ordered submitted to 9 the voters at the Special Municipal Election the following question: "Shall the proposed 10 City Charter of the City of Carlsbad be adopted?"; and 11 WHEREAS, the question was placed on the June ballot as Proposition "D"; and 12 WHEREAS, Proposition D did pass by a majority vote; and 13 WHEREAS, the Registrar of Voters has canvassed the returns of the election and 14 has certified the results to this City Council, and the City Council has declared the 15 results of the election; and 16 WHEREAS, California State Government Code Section 34459 states that following 18 the ratification of a charter of a majority of voters, the charter will not go into effect until it 19 has been filed with, and accepted by, the Secretary of State; and 20 WHEREAS, the Mayor and City Clerk must certify and authenticate that "the Charter 21 was submitted to the voters of the city and was approved by a majority vote"; and WHEREAS, three copies of the certification must be prepared, one must be filed 23 with the Secretary of State Special Filings Unit in accordance with California State 24 Government Code Section 34460; one must be recorded with the San Diego County 25 Recorder, and one must be kept on file in the Office of the City Clerk; and 26 WHEREAS, each certification must include the following documents: 28 1. Certified copies of all publications and notices required for the calling of the election. 1 2. Certified copies of any arguments for or against the charter proposal that were mailed to the voters. 2 3. A certified abstract of the results of the vote at the election at which the charter3 was approved by the voters. 4 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, 5 California, as follows: 6 1. That the above recitations are true and correct. 7 2. That the Mayor and City Clerk are hereby authorized to certify and authenticate8 the Charter Ballot measure submitted to the voters on June 3, 2008 and approved by a majority vote. 11 3. That the certification and authentication of the Charter Ballot Measure along with 12 required documents be filed with the California Secretary of State Special Filings Unit, 13 recorded with the San Diego County Recorder, and kept on file in the Office of the City 14 Clerk.15 /// 16 17 18 19 20 21 22 23 24 25 26 27 28 -2- 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 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 1st day of July, 2008, by the following vote to wit: AYES: Council Members Lewis, Kulchin, Packard and Nygaard. NOES: None. ABSENT: Council Member Hall. CLA ATTEST: LORRAJNt M. WOOD) City Clerk U