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Ordinance 1169Ordinance No. 1169 New Series AN ORDINANCE CALLING A SPE- CIAL MUNICIPAL BOND ELEC- TION IN THE CITY. OF. ALAMEDA FOR THE PURPOSE .OF SUBMIT- TING TO THE ELECTORS OF SAID CITY THE MEASURE OF INCUR- RING A BONDED INDEBTEDNESS OF SAID CITY FOR THE ACQUI- SITION, CONSTRUCTION AND COMPLETION OF THE FOLLOWING MUNICIPAL IMPROVEMENT, TO- WIT:. THE FILLING OF CITY OWNED SUBMERGED (TIDE) LAND LOCATED AT WASHINGTON PARK; DECLARING T HE ESTIMATED COST OF SAID MUNICIPAL IM- PROVEMENT, .THE AMOUNT OF THE PRINCIPAL Or -SAID INDEBT- EDNESS .TO.BE INCURRED. THERE- FOR, AND THE MAXIMUM RATE OF INTEREST TO BE PAID THERE- ON; MAKING PROVISION FOR THE LEVY AND COLLECTION. OF TAXES; FIXING THE DATE OF SAID ELECTION, THE MANNER OF HOLDING THE SAME, PRO- VIDING FOR NOTICE THEREOF, AND CONSOLIDATING SAID MU- NICIPAL BOND ELECTION WITH THE OFFICIAL PRESIDENTIAL PRIMARY ELECTION OF THE STATE OF. CALIFORNIA. TO BE HELD JUNE 5, 1956. WHEREAS, the Council of the City of Alameda, by resolution duly passed and adopted by affirmative vote of more than two- thirds of all of its members, did determine that the pub- lic interest and necessity demand the acquisition, construction and comple- tion of the municipal "improvement hereinafter mentioned, and did further determine that : the cast of said pro- posed municipal improvement will be too great to be paid out of the ordi- nary annual income and revenue of said municipality, and that said muni- cipal improvement will require an expenditure greater than the amount allowed therefor by the. annual tax levy - and will require the incurring of a bonded indebtedness .therefor, which resolution was duly entered - on the - minutes of said meeting of said Council, and is now on file and of record in . the Clerk's office of said City; NOW, THEREFORE, BE IT OR- DAINED BY THE COUNCIL OF THE CITY OF AL,AMEDA SECTION L A special. municipal bond election be, and is hereby or- dered, and will be held in said City of Alameda on TUESDAY, the : 5th day of .JUNE; 1956, at which election shall be submitted to the qualified electors of said City the question of incurring a bonded indebtedness : of said City for. the object and purpose set forth in the following measure, to -wit MEASURE: (City of Alameda Wash- ington Park Bond Measure) Shall the City of Alameda incur a bonded indebtedness in the prin- cipal amount of $600,000 for the fill- ing of City owned submerged (tide) land located at Washington Park, by the hydraulic dredging method, with sand, soil and other conveni- ent materials; place top soil on sur- face of such filled area, install irri- gation system, including pipes, valves, wells, and appurtenances; plant, propagate and maintain grass turf on such filled area; install drainage system, and perform other necessary and desirable work to make such area high, dry and usable land? The estimated cost of the municipal improvement set forth in said measure is the sum of $600,000 and the amount of the principal indebtedness proposed to be incurred for said municipal im- provement is the sum of $600,000. SECTION 2. The said Council does hereby submit to the qualified elec- tors of said City of Alameda at said Special Municipal Bond Election the said measure set forth in Section 1 of this ordinance, and designates and refers to said measure in the form of ballot hereinafter prescribed for use at said election. (a) Said special municipal bond election shall be held and conducted, and the votes thereof canvassed, and the returns thereof made, and the result thereof ascertained and deter - mined as herein provided; and in all particulars not prescribed by this or- dinance, said election shall be held as provided by law for the holding of special municipal elections in said City, and the law regarding consoli- dation of such elections with general state -wide elections. (b) 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 said 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 be kept..open con- tinuously thereafter until seven o'clock P.M. of said day of election, when the polls shall be closed (except as provided in Section 5734 of the Elec- tions Code), and the election officers shall thereupon proceed to canvass the ballots cast thereat. (d Said Special Municipal Bond Election hereby called shall be, and is hereby consolidated with the . Of- ficiai Presidential Primary Election to be held in the said City of Alameda on June 5, 1956, all : as required by and pursuant . to law; and the election precincts, polling places and officers of election within said . City of : Alameda for the said Special Municipal Elec- tion hereby. called shall be the same as those to be selected and designated per resolution or Ordinance by the Board of Supervisors, County of , Ala- meda, State of California, for the Official Presidential Primary Election to be held on June 5, : 1956, as stated and requested in the Resolution of the City of 'Alameda numbered ° 5298 and entitled, "Resolution of the Coun- cil of the City of Alameda Stating and Requesting Consolidation of. a Special Municipal Election, to be Held on Tuesday; June 5, 1956, with the Offi- cial Presidential Primary Election of the State of California to be held on Tuesday, June 5, 1956," passed and adopted on April 4; 1956. (e) Only one form of ballot shall be used at said Official Presidential Primary Election and said Special Mu- nicipal Bond Election hereby consoli- dated therewith, which, in addition ORDINANOE No 1169 New Series to all other matters 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 submitted and for incurring said bonded indebtedness set forth in said measure shall stamp a cross (X) in the blank space opposite the word 'YES" on the ballot to the right of said measure, and to vote against said measure and against in- curring said indebtedness shall stamp a cross (X) in the blank space oppo- site 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. (f) The returns of said election shall be canvassed, made out and signed by the election officers so des- ignated by the Board of Supervisors, County of Alameda, State of Califor- nia, and the results thereof transmit- ted to the City Clerk of Alameda, and City Council thereof, who shall declare the result thereof in accordance with the Charter of the City of Alameda and the laws of the State of California. SECTION 3. Said Council proposes to issue and sell bonds of said City of Alameda in the amount and for the object and purpose specified in said measure if two - thirds of the quali- fied electors voting on such measure at said Special Municipal Bond Elec- tion shall vote in favor of said meas- ure. 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) percent per annum, payable semi - annually, except that interest for the first year after the date of the bonds may be made payable at the end of said year; provided, that said bonds may be issued and sold in accordance with law as the Council may determine, and either at a premium 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 apart for that purpose to meet all sums coming 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 can 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 collected at the same time and in the same manner 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 Alameda is hereby directed, upon the passage and adoption of this ordinance, to publish the same once a day for seven (7) days in the ALAMEDA TIMES -STAR, which is a newspaper of general circulation pub- lished at least six (6) days a week in said City of Alameda, and such pub- lication shall constitute notice of said election. No other notice of the election hereby called need be given. SECTION 5. This ordinance shall be forthwith entered upon the minutes of this Council and in the Ordinance Book of said City. This ordinance, being an ordinance calling and order- ing an election, shall take effect from and after its final passage and approval. PASSED AND ADOPTED this 17th day of April, 1956, by the following vote: AYES: Councilmen Haag, Hove, Mc- Call, Moresi and President Kranelly, (5). NOES: None. ABSENT: None. R. P. KRANELLY Mayor of the City of Alameda, California Attest: SHIRLEY H. TENNIER City Clerk Publish April 19, 20, 21, 23, 24, 25, 26, 1956.