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Ordinance 1017ORDINANCE N0 1017 NEW SERIES AN ORDINANCE CALLING SPE- CIAL MUNICIPAL BOND ELECTION IN THE CITY OF ALAMEDA FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS OF''SAID CITY THE MEASURE OF INCURRING A BONDED INDEBTEDNESS OF SAID CITY FOR THE ACQUISITION; CON STRUCTION AND .COMPLETION OF THE FOLLOWING MUNICIPAL IM- PROVEMENT, TO WIT' MUNICIPAL SEWAGE SYSTEM IMPROVEMENT.; DECLARING T H E ESTIMATED COST ' OF SAID : MUNICIPAL FM- PhO"VEMENT, , THE AMOUNT. OF THE PRINCIPAL OF SAID INDEBT EDNESS TO BE INCURRED THERE- FOR, < AND THE MAXIMUM. RATE OF INTEREST TO BE PAID THERE - ON, MAKING PROVISION FOR THE L E V Y A N D COLLECTION OF TAXES' FIXING THE . DATE OF SAID ELECTION, THE MANNER OF HOLDING THE SAME,' PROVIDING FOR NOTICE THEREOF, AND CON SOLIDATING : SAID SPECIAL MUNI CIPAL BOND ELECTION ` WITH THE GENERAL MUNICIPAL ELEC'T`ION TO BE HELD ON 'MARCH 13; 1951. WHEREAS, the Council of the City of Alameda, by :.resolution duly passed and adopted by affirmative vote of aiore than. lwo- thirds of all of its members, did determine : that the public interest and necessity demand the ac- quisition, construction and completion of the municipal improvement herein - after ' mentionc -d, and did' further de- :e:rmme that the cost. of said. proposed atunicipal . improvement will be too �'reat to be paid out of . the ordinary Annual income and revenue of said municipality,. and that said municipal un.provernent :will require an expendi- i,ure greater than the amount allowed therefor by . the annual tax levy and , ,will require .the incurring o a bonded indebtedness' therefor, . which resolu- Lion was duly entered on the minutes iir said meeting; of said Council, and is aow: on file and of record: in Clerk's <)ffice of said'.City; now, :therefore, BE 1T ORDAINED BY THE COUNCIL OF PPE CITY OF . ALAMEDA :' : Sections 1. A special: municipal bond ieetion' be and'is Hereby ordered and .will be held .in said City of Alameda on TUESDAY,.the :13th day of MARCH, 1951 at which election shall be sub - aiitted to the qual fied electors of said City the question of incurring a:bonded i of said City: for the ob- ject and. purpose: set_ forth in the following measure, to -wit :: MEASURE: (Municipal Sewage; System Improvement) Shall the City of Alameda incur a bonded indebtedness in the princi- pal amount of $1;160,000 for : the acquisition, construction and corn - pletion of the following municipal improvement, to wit: Improvement of the municipal sewage system, including separation of 'storm wa- ter and sanitary. sewer systems, New Series Inances Ordinance No. 1017 connection of. sanitary sewer sys- tem to Bast Bay : Municipal Utility District Alarneda Interceptor.., new:: storrri water and sanitary sewer . lateral and .main lines, reconnec tion of existing sewer• lines, pumps; pipes, manholes, catch basins, con ni etions,: equi pnient_ lands, 'ease- ments, rights of way and : other works, property. Or structures necessary or convenient for the improvement of the municipal sew- age system of the City of Ala- meda? The estimated cost of the municipal improvement set forth in said measure is the ruin of $1276,000 and . the :aniount of the indebtedness: proposed to be incurred for said :municipal improve inent is the sum of $1,160,000. Said estimated cost of the municipal improvement set forth in said: measure is an estimate of the maximum' sum riecesa,ary to complete said improve - ment as a whole. It is contemplated by the Council that the difference be- tween said estimated r.ost and the amount of the indebtedness proposed to be 'incurred therefor will be made up ; from. moneys granted or to be granted by the State of California for said purposes, but the Council reserves the right; in its discretion, if any of such moneys over and above the amount to be realized from the pro- ceeds of the sale of. said bonds are not available for said municipal. inri- provement to. reduce the .: estimated cost of said municipal : improvement to thin actual amount to. be realized from the proceeds of sale of said bonds to- gether with other funds of said City actually available for said improve- ment, and said maximum : estimated cost' tierein set forth.: shall not : be deemed to constitute ;a .limitation or condition upon the issuance of any of the bonds or a restriction upon the amount of the indebtedness proposed to be incurred for said municipal im- provement. Section'. 2. The said ' Council does hereby submit .to'the qualified electors of. said City of Alameda. at said ispecial municipal bond. election the said meas- ure set 'forth in Section i of this ordi- nance, and designates and refers to said meast.re in the form of ballot hereinaftez prescribed for use_ at said election. 9a) Said special municipal bond elect tion shall be field and conducted, and the votes thereof canvassed- and the returns thereof , made,: and the 'result thereof ascertained and determined as herein provided; and in all particulars not prescribed by this ordinance,. said .election shall be held as provided by law for the holding of municipal. elec- tions in said City. (bi All persons qualified to vote at municipal elections in said City. of Alameda upon the date of the. election herein provided for shall be qualified to vote upon the measure submitted at 5.aid special municipal bond election. (c) The polls at the polling places hereinafter--designated shall be-opened At seven o'clock A M: of said day of election and shall he kept open con tinuously thereafter until seven o'clock P, M. of said day of election, when the polls shall be closed 'texcept as pro- vided in Section 5734 of the Elections Code), and the election: officers shall t >a:ereupon proceed to canvass the ballots cast thereat, : (d) Said special municipal bond elee- lion hereby : called shall be : and : is tie.reby consolidated with the 'General !Municipal Election to be held in said City of Alameda on March 13, . 1951, all as required by and pursuant . to law, and the election precincts; polling places and officers of election within said City of : Alameda for said special municipal bond election hereby called 4.hall be the same as those selected and designated by the Council of the City : of Alameda for said General Municipal Election by its Resolution No 4320; entitled: `RESOLUTION OF THE . COUNCIL OF THE CITY OF ALAMED.A . ESTABLISHING ELEC- T ION PRECINCTS,- :DESIGNATING POLLING PLACES THEREFOR AND NAMING OFFICERS OF ELECTION FOR EACH PRECINCT FOR GENERAL MUNICIPAL: ELECTION TO BE HELD ON TUESDAY, MARCH 13, 1951," passed and adopted on February 20, 2951; to which resolution reference is hereby specifically made for a desig- nation. of the precincts, polling places and officers of the special municipal bond :election hereby called. (e) Only one: forth of ballot shall be used at said General. Municipal. Election ,and said special municipal bond elec- tion hereby consolidated therewith, which, in addition to all other : mat - ters required by :law to be printed thereon, shall state the measure set forth in Section 1 hereof. Each voter, to vote for the measure hereby sub- initted and for :incurring said bonded kndebtedness set: forth in said measure ;hall stamp a . cross: (X) in the blank , apace opposite the word YES" on the hallot to the right of said measure; ind to vote against said measure and against incurring said indebtedness tihall stamp a cross (X) in the blank apace opposite the word "NO" on the ballot: to the right of . said measure, On absent voters' ballots the cross (X) may be marked with pen or pencil: . (ft The returns of said election, shall be made out and signed by : the :election officers and shall be by theta deposited with the City Clerk, together with the ballots cast at said election; and this Council shall meet at its usual meet- mg place and canvass: said returns on Tuesday, the 20th clay of March, 1951 (being the first Tuesday after said speclai municipal bond election and the date of the first regular meeting of the Council following said General Municipal: Election) at the hour of eight o'clock P. M., and declare the result of said : special municipal bond election and the result of said General Municipal Election. Section 3, Said Council .proposes to issue and sell bonds of said City of Alamr;da to the amount and for the Object and purpose specified in said measure if two- thirds of the qualified elector:: voting on such measure at said special municipal bond election shall vote: in favor of said measure Said bonds shall: be negotiable: in form and of the .character known. as serial, and shall bear interest at a rate not to exceed five . (5) per cent per annum, payable semi- annually; provicled: that said bonds may be. issued and sold in accordance with law as the Council may determine, and either at a prem- Win or on . the basis of the lowest net interest cost to said City, but in no event for less than :the. par value thereof and accrued interest to date of delivery, Provision is hereby made for the payment of: the principal of and interest on said bonds as follows: The Council of the City of Alameda shall, at the time of fixing :the general tax levy and in the manner for such general tax :levy provided, levy and collect, annually each year until said bonds are paid. or until there shall be a sum in the treasury of said City set ap:,rt for that purpose to meet all sums corning due for principal and interest on such bonds, a tax suffi- cient : to pay the annual interest on such bonds as the same becomes due, and also such part of the principal thereof as shall become due before the proceeds of a tax levied at the time for making the next general tax levy Cart be made available for the payment of Such principal. Said tax :shall be in addition to all other taxes levied for municipal purposes, and shall be col - lected at : the same time and in the same :man ner as other municipal taxes are collected and be used for no other purpose than the payment of said bonds and :accruing interest. Section 4. The City Clerk of the City of Alarneda is hereby :directed, upon the passage and adoption of this ordi- nance, to publish the same once a day for seven (7) days in THE ALAMEDA TIMES- STAR, which is a newspaper of General circulation publihhedat least six (6) days a week in said City of Alameda, and such publication shall constitute notice of said election. No rather notice of the election hereby called need be given. Section :5:: This ordinance shall be forthwith entered upon the minutes of thi4 Comicil and in the Ordinance Book :of said City. This . ordinance, be- ing an ordinance calling: and ordering an :election shall take effect' from and after : its final passage arid approval. PASSED: AND . ADOPTED this 20th day of February, 1951, by the follow- ing vote: AYES:: Councilmen Anderson, .Tones, Osborn, Sweeney and . President Bran - scheid; (5): NOES. None. : ABSENT. None. W. d. BRANSCHEID, Mayor of the City of Alameda, California, ATTEST J. P. CLARK, City Clerk Publish Feb. 21, 22, 23, 24, 26, 27, 28, 1951: