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Resolution 058913:3 RESOLUTION NO. 5891 RESOLUTION OF THE COUNCIL OF TUE CITY OF ALAMEDA PROPOSING AN AMENDIENT TO THE CHARTER OF THE CITY OF ALAMEDA ON THE MOTION OF THE CITY COUNCIL: CALLING A SPECIAL MUNICIPAL CHARTER AMENDMENT ELECTION IN THE CITY OF ALAMEDA. FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS OF SAID CITY A PROPOSAL TO AMEND THE CHARTER OF SAID CITY, VIZ: BY' ADDING SECTION 3-21 TO ARTICLE III OF SAID CHARTER, RELATING TO AUTHORIZING THE COUNCIL OF THE CITY OF ALAMEDA TO TRANSFER, BY CONTRACT OR OTHER ARRANGEMENT, TO THE COUNTY OF ALAMEDA, ANY OF ALL CF THE CITYTS TAX ASSESSING AND COLLECTING FUNCTIONS AND SERVICES, OUT RESERVING, H01FEVER., THE RIGHT TO REASSUME 5022 FUNCTIONS AND SERVICES; FIXING TEE DATE OF SAID ELECTION, THE MANNER OR HOLDING THE SAME, AND PROVIDING FOR NOTICE THEREOF; AND CONSOLIDATING SAID SPECIAL MUNICIPAL CHARTER AMENDMENT ELECTION WITH THE GENERAL MUNICIPAL ELECTION TO EE HELD TN SAID CITY ON MARCH 10, 1959. RE IT RESOLVED BY THE COUNCIL CF THE CITY OF ALAMEDA as follbws: SECTION 1, The Council of the City of Alameda hereby proposes on its own motion to amend the Charter of the City of Alameda by adding Section 3-21 to Article III of said Charter, to read as set forth in the notice entitled "Proposed Amendment to the Charter of the City of Alameda" hereinafter set forth in Section 3 of this resolution. SECTION 2, The Council of the City of Alameda hereby proposes to and does hereby on its own motion submit to the qualified electors of the City of Alameda, at the special municipal charter amendment election hereinafter provided for, a proposal to amend the Charter of the City of Alameda set forth in said notice hereinafter set forth in Section 3 of this resolution and designates and refers tc said proposal es the proposal to be set forth in the form of ballet hereinafter prescribed for use at said special municipal charter amendment election. SECTION 3. The City Clerk of the City of Alameda is hereby ordered and directed to cause said proposed amendments to the Charter of the City of Alameda to be published once, not less than forty (40) and not more than sixty (60) days prior to the date of the special municipal charter amendment election hereinafter provided for, in the ALAMEDA TIMES-STAR, the official newspaper of said City, and in each edition thereof during the day of publication, said newspaper being e newspaper of general circulation published at least six days a week in said City of Alameda; and such publication may be in substantially the following form; PROP00ED AMENDMENT to THE CHARTER of the CITY OF ALAMEDA Special Municipal Charter Amendment Election March 10, 1959 (Consolidated with General Municipal Election) The Council of the City of Alameda hereby proposes on its own motion to amend the Charter of the City of Alameda 1. By adding Section 3-21 to Article III thereof, to read as follows: Sec. 3-21. The Council may, by ordinance, consent to, or provide by contract or in any other manner, for the transfer to the County of Alameda of any or all of the tax assessing and tax collecting functions and services provided for by Charter or ordinance of the Clty of Alameda or by State law, rule or regulation, and for the assumption, enforcement, observance and performance thereof by Alameda County officers and employ- ees, including but not limited to, (a) the assessment of City property for City taxes, (b) the equalization and correction of the assessment, (c. the collection, payment, and enforcement of taxes and special assess- ments, including delinquent taxes, and (d) the redemption of property from sale or other penalty for non-payment of City taxes or special assessments. Any and all powers, duties and functions of the City so transferred to the County pursuant to this section shall, to the extent of their assumption, performance, observance and enforcement by the County, be deemed suspended and not a duty' or function of the City for the duration of such transfer. The City has, and the Council shall reserve in any agreement with the County, the right to terminate any transfer made pursuant to this section, and to reassume any or all of the transferred functions. This section shall be paramount to any other Charter provision in conflict therewith. The Council of the City of Alameda hereby proposes to and does hereby on its own motion submit to the qualified. electors of the City of Alameda at a special municipal charter amendment election to be held in said City of Alameda on Tuesday, March 10, 1959 (which said election will be consolidated with the general Municipal Election to be held March 10, 1959), the following proposal tc amend said charter by adding Section 3-21 to Article III thereof, as follows: AMENDMENT TO THE CHARTER CF THE CITY OF ALAMEDA MEASURE Shall the Charter of the City of Alameda be amended authorizing the Council to transfer to the County of Alameda, by contract or other arranFement, any or all of the tax assessing and tax ccliecting functions and services of the City? Such of the City's functions and services as are transferred would be suspended while being furnished by the County, but the City retains the right to reassume any or all of the transferred functions and services. Said amendment will be accomplished by adding Sec. 3-21 to Article III of said Charter, all as fully set forth in Resolution No. 5891 of the Council of the City of Alameda. . YES NO I hereby certify that the foregoing charter amendment proposal was ordered submitted to the qualified electors of the City of Alameda by the Council of the City of Alameda. Dated: January 20, 1959. SHIRLEY H. TENNIER City Clerk of the City of Alameda SECTION 4. (a) A special municipal charter amendment election is hereby called tc be held in the City of Alameda on Tuesday, March 10, 1959 for the purpose of submitting to the qualified electors of said City said proposal set forth in Sec- tion 3 of this resolution to amend the Charter of said City as in said proposal and in this resolution provided and as hereby submitted by the Council of the City of Alameda on its own motion. (b) Said special municipal charter amendment election hereby called shall be held and conducted, and the votes thereat canvassed and the returns thereof made, and the results thereof ascertained and determined as herein provided, and in all particulars not prescribed in this resolution, said special municipal charter amend- ment election shall be held as provided for in the Charter of said City and in all particulars not provided for therein said election stall be held as provided by law for the holding of special municipal elections in the City of Alameda, and otherwise in accordance with the Elections Code of the State of California. (c) All persons qualified to vote at municipal elections in said City of Alameda on the day of the election herein provided for shall be qualified to vote upon said amendment hereby proposed by the Council of the City of Alameda on its own mPtion and submitted at said special municipal charter amendment election. (d) The polls at the polling places hereinafter designated for said special municipal charter amendment election shall be opened at 7:00 a. m. (F.S.T.) of said day of election, and shall be kept open continuously thereafter until 7:00 p. m. (P.S.T.) of said day of election, when the polls shall be closed (except as provided in Section 573)L of the Eleetions Code), and the election officers shall thereupon proceed to canvass the ballots cast thereat. (e) Said special municipal charter amendment election shall be and is hereby consolidated with the General Municipal Election to be held in said City of Alameda on the date of said special municipal charter amendment election hereby called, and the election precincts, polling places and voting booths shall in every case be the same, and there shall be only one set of election officers in each of said precincts: and the precincts, polling places and officers of election for said special municipal charter amendment election shall be the same as those to be selected and designated by the Council of said City for said General Municipal Election in said City of Alameda by resolution, to which resolution reference is hereby made for a designation of the precincts, poling places and election officers for the special municipal charter amendment election hereby called. (0 Only one form of ballot shall be used at said General Municipal Election and said Special Municipal Charter Amendment Election hereby consolidated therewith, which, in addition to all other matters required by law to be printed thereon, shall state the measure set forth in Section 3 hereof. (g) Each voter may vote on the proposed Charter amendment. To vote in favor of the proposal to amend the Charter of the City of Alameda a voter shall stamp a cross (X) in the blank space opposite the word 'YES4 on the ballot tc the right of the proposal, and to vote against ,said proposal a voter shall s tamp a cross (X) in the blank spsce opposite the word "NC' on the ballet to the right of said proposal. The votes cast for and against the proposed charter amendment shall be counted sepa- rate and apart from all other measures to be submitted at the special municipal charter amendment election hereby called for the purpose of submitting said charter amendment, and if a majority of the qualified voters voting on the proposed charter amendment vote in favor thereof, such charter amendment shall be deemed ratified. (h) The returns of said election shall be made out and signed by the election officers and shall be by them deposited with the City Clerk, together with the ballots cast at said election; and this Council shall meet at its usual Meeting place and canvass said returns on Tuesday, the 17th day of March, 1959, at the hour of 7:30 p. m. (P.S.T.) and declare the result of said election. SECTION 5. Said proposed amendment set forth in Section 3 hereof shall be set forth in the election proclamation and notice of General Municipal Election and Special Municipal Charter Amendment Election to be held on Tuesday, March 10, 1959 to be published in the time and form required by Section 19-9 of Article XIX of the Charter of the City of Alameda. SECTION 6. The City Clerk of the City of Alameda is hereby authorized and directed (1) to cause copies of the text of said proposed charter amendment to be printed in convenient pamphlet form and in type of not less than ten-point and to cause copies thereof to be mailed to each of the qualified electors of said City, and (2) until the day fixed for said special municipal charter amendment election to advertise daily in the ALAMEDA TIMES-STAR, e newspaper of meneral circulation in said City, a notice that copies of said pamphlet may be had on application therefor. Said notice shall be in substantially the following form: NOTICE OF AVAILABILITY OF CHARTER AMENDMENT NOTICE IS HEREBY GIVEN to the qualified electors of the City of Alameda that pamphlet copies of the Amendment, proposed by the City Council on its on metier], to the Charter of the City of Alameda by adding Section 3-21 to Article III thereof, relating to the authorization of the Council of the City of Alameda to transfer, by contract or other arrangement, to the County of Alameda any or all of the City's tax assessing and collecting functions and services, but reserving, however, the right to reassume such functions and services, are on file in the office of the city Clerk, City Hall, Alameda, California, and may be had upon application therefor. SHIRLEY H. TENNIER SHIRLEY H. TENNTE17 City Clerk of the City of Alameda, California * * * * * * * * * * the undersigned, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted by the Council of the City of Alameda in regu- lar meeting assembled on the 20th day of January', 1959, by the following vote, to wit: AYES: Councilmen Collischonn, Freeman, Petersen, Schacht and President McCall, (5). NOES: None. ABSENT: None. IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed the official seal cf s aid City this 21st day of January, 1959. SHIRLEY H. TENNIER (SEAL) TrEy Clerk of th €r of Alameda I hereby certify that the foregoing is a full, true and correct copy of 'Resolution Yo. 5591, RESOLUTION OF THE COUNCIL OF THE CITY OF ALAMEDA PROPOSING AN AMENDMENT TO THE CHARTER OF THE CITY OF ALAMEDA ON THE MOTION OF THE CITY COUNCIL; CALLING A SPECIAL MUNICIPAL CHARTER AMENDMENT ELECTION IN THE CITY OF ALAMEDA FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS 033 AID CITY A PROPOSAL TO AMEND THE CHARTER OF SAID CITY, VIZ: BY ADDING SECTION 3,21 TO ARTICLE III OF SAID CHARTER, RELATING TO AUTHORIZING THE COUNCIL OF THE CITY OF' ALAMEDA TO T RANSFER, BY CONTRACT CR OTHER ARRANGEMENT, TO THE COUNTY OF ALAMEDA, ANY OR ALL OF THE CITY'S TAX ASSESS- INC AND COLLECTING FUNCTIONS AND SERVICES, BUT RESERVING, HOWEVER, THE RIGHT TO REASSUME SUCH FUNCTIONS AND SERVICES; FIXING THE DATE OF 3 AID ELECTION, THE MANNER OF HOLDING THE SAME, AND PROVIDING FOR NOTICE THEREOF; AND CONSOLIDATING SAID SPECIAL MUNICIPAL CHARTER AMENDMENT ELECTICN WITH THE GENERAL MUNICIPAL ELECTION TO 3E HELD IN SAID CITY ON MARCH 10, 1959," introduced and adopted by the Council on the 20th day of January, 1959. City Olerk,of the bIty of Alameda