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Resolution 09834CITY OF ALAMEDA RESOLUTION NO. 9834 PROPOSING AMENDMENTS TO THE CHARTER OF THE CITY OF ALAMEDA ON 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 THEREOF A PROPOSAL TO AMEND SAID CHARTER, VIZ: BY AMENDING SECTION 12 -3(E) TO PERMIT THE BUREAU OF ELECTRICITY TO BORROW MONEY IN EXCESS OF $100,000 WITH THE APPROVAL OF THE CITY COUNCIL; FIXING THE DATE OF SAID ELECTION, THE MANNER OF HOLDING SAME, AND PROVIDING FOR NOTICE THEREOF; AND CONSOLIDATING SAID SPECIAL MUNICIPAL CHARTER AMENDMENT ELECTION WITH THE GENERAL ELECTION OF THE STATE OF CALIFORNIA TO BE HELD ON NOVEMBER 2, 1982 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ALAMEDA as follows: 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 amending Section 12 -3(E) thereof, to read as set forth in the notice entitled, "Proposed Amendments to the Charter of the City of Alameda. 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 to said proposal as the proposal to be set forth in the form of ballot 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 a 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: PROPOSED AMENDMENTS to THE CHARTER of the CITY OF ALAMEDA Special Municipal Charter Amendment Election November 2, 1982 (Consolidated with State General Election) The Council of the City of Alameda hereby proposes on its own motion to amend the Charter of the City of Alameda: C-1. By amending Section 12-3(E) to read: Sec. 12-3. (E) To borrow, with the approval of the Council and not otherwise, monies for capital invest- ment. Money borrowed pursuant to this Subsection shall provide that the same may be repaid at any time and shall be repaid within thirty years from date thereof. (Effect: Changes "not to exceed one hundred thousand dollars in the aggregate" after "otherwise" in the first sentence to read "monies". Changes "twenty Years" in the last sentence to read "thirty years.") The Council of the City of Alameda hereby proposes to and does hereby on its own motion submit to the qualified electors of said City at a Special Municipal Charter Amendment Election to be held in said City on Tuesday, November 2, 1982 (which said election will be consolidated with the General Election of the State of California to be held on Tuesday, November 2, 1982), the following proposal to amend said Charter, in the manner hereinabovc specifically set forth, as follows: AMENDMENTS TO THE CHARTER OF THE CITY OF ALAMEDA MEASURE C Shall the Charter of the City of Alameda be amended to permit the Bureau of Electricity to borrow money in excess of $100,000 with the approval of the City Council for a period of not more than thirty years? Said amend- ment will be accomplished by amending Section 12-3(E) of said Charter, all as fully set forth in Resolution No 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: SECTION 4. (a) A Special Municipal Charter Amendment Election is hereby called to be held in the City of Alameda on Tuesday, November 2, 1982 for the purpose of submitting to the qualified electors of said City said proposal set forth in Section 3 of this resolution to amend the Charter of said City as in said proposal in this resolution provided and as hereby submitted to 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 pre- scribed in this resolution, said Special Municipal Charter Amendment Election shall be held as provided for in the Charter of said City and in all particulars not provided for therein said election shall 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 amendments hereby proposed by the Council of the City of Alameda on its own motion and sub- mitted 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. of said day of election, and shall be kept open continuously thereafter until 8:00 p.m. of said day of election when the polls shall be closed (except as provided in Section 14436 of the Elections 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 Election of the State of California to be held in said City 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 elec- tion 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 Board of Supervisors of the County of Alameda, State of California, for said General Election of the State of California in said City of Alameda by resolution or ordinance of the aforesaid Board of Supervisors relating to the holding and conducting of the General Election of the State of California, to which resolution or ordinance reference is hereby made for a designation of the precincts, polling places and election officers for the Special Municipal Charter Amendment Election hereby called. (f) Only one form of ballot shall be used at said General Election of the State of California 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 measures set forth in Section 8 hereof. (g) Each voter may vote on any one or more of the proposed Charter amendments. To vote in favor of a proposal to amend the Charter of the City of Alameda a voter shall so indicate in the blank space opposite the word "YES" on the ballot to the right of the proposal, and to vote against said proposal a voter shall so indicate in the blank space opposite the word "NO" on the ballot -3- to the right of said proposal. The votes cast for and against the proposed charter amendment shall be counted separate and apart from all other measures to be submitted at the Special Municipal Charter Amendment Election hereby called for the purpose of sub- mitting said charter amendments, and if a majority of the qualified voters voting on a proposed charter amendment vote in favor thereof, such charter amendment shall be deemed ratified. (h) The returns of said election shall be canvassed, made out and signed by the election officers so designated by the Board of Supervisors, County of Alameda, and the results thereof trans- mitted 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 5. Said proposed hereof shall be set forth in the of the Special Municipal Charter with the General Election of the on Tuesday, November 2, 1982, to required by Section 22835 of the California. amendments set forth in Section 3 election proclamation and notice Amendment Election consolidated State of California to be held be published in the time and form Elections Code of. the State of 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 amendments to be printed in convenient pamphlet form 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 election to advertise daily in the ALAMEDA TIMES -STAR, a newspaper of general circulation in said City, a notice that copies of said pamphlet may be had on application therefor. Said notice may be in substantially the following form: NOTICE OF AVAILABILITY OF CHARTER AMENDMENTS NOTICE IS HEREBY GIVEN to the qualified electors of the City of Alameda that pamphlet copies of the amendments, proposed by the City Council on its own motion to the Charter of the City of Alameda amending Section 12 -3. (E) to permit the Bureau of Electricity to borrow money in excess of $100,000 with the approval of the City Council, are on file in the office of the City Clerk, City Hall, Alameda, California, and may be had on application therefor. City Clerk =of Ca * * * 1, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Council of the City of Alameda in regular meeting assembled on the 20th of July, 1982, by the following vote to wit: AYES: Councilmen Diament, Gorman and Stone - 3. NOES: President Corica - 1. ABSENT: Councilman Sherratt - 1. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 21st day. of July, 1982. City Clerk of the C.