Resolution 05892RESOLUTION NO, 5892
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 CITYC OUNCIL; 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 AMENDING SECTION
17-4 OF ARTICLE XVII: OF SAID CHARTER, SAID AMENDMENT
TO PROVIDE THAT THE COUNCIL OF THE CITY OF ALAMEDA
SHALL ADOPT A BUDGET AND TAX RATE AT ANY TIME PRICE
TO THE THIRD TUESDAY OF SEPTEMBER OF EACH YEAR, RATHER
THAN AFTER THE FIRST DAY OF SEPTEMBER AND NOT LATER
THAN THE THIRD TUESDAY IN SEPTEMBE2 OF EACH YEAR;
FIXING THE DATE OF SAID ELECTION, THE MANNER OE HOLD-
ING THE SAME, AND PROVIDING FOR NOTICE THEREOF; AND
CONSOLIDATING SAID SPECIAL MUNICIPAL CHARTER AMENDMENT
ELECTION WITH THE GENERAL MUNICIPAL ELECTION TO BE
HELD IN SAID CITY ON MARCH 10, 1959.
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 on
motion to amend the Charter of the City of Alameda by amending Section 17-4 of
Article XVII therecf to read as set forth in the notice entitled "Proposed Amendment
to the Charter of the City cf Alameda" hereinafter set forth in Section 3 of this
resolution.
SECTION P. 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
eaid 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 cf Alameda tc
be published once, not lees than forty (40) and not more than sixty (60) days prior
to the date of the special municipal charter amendment election hereinafter pro-
vided 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 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 by amending Section 17-4 of Article XVII
thereof, to read as follows:
Sec, 17-4. At any time not later than the third Tuesday of
September in each year, the Council shall adopt s budget and fix a
rate of City texas to be levied and collected upon the property
assessed for taxation within the limits of the City, on the basis
of the valuation as shown by the assessment roll in the office of
the City Assessor, or the County Assessor in the event the assessing
function is performed by the County of Alameda. Such rate, after
allowing three per cent (3%) of the assessed valuation for delin-
quencies, must yield sufficient revenue for the financial needs of
the City for the current fiscal year.
The Council of the City of Alameda hereby proposes to and doe u 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), tho following proposal to amend said charter by
amending Section 17-L of Article XVII thereof, as follows:
AMENDMENT TO THE CHARTER. OF THE CITY OF ALAMEDA
MEASURE C
Shell the Charter of the City of Alameda be amended
to provide that the Council shall adopt a budget
and tax rate at any time prior to the third. Tuesday
of September of each year, rather than after the
first day of September and not later than the third
. YES
Tuesday in September of each year, by amending
Sec. 17-4 of Article XVII of said Charter, all as
fully set forth in Resolution No. 5692 of the
Council cf the City of Alameda?
. 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 to he 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 provired and as hereby submitted by the Council of the City cf
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 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 parsons 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
motion and submitted at said special municipal charter amendment election,
(d) The polls at the polling places hereinafter designated for said spe-
cial municipal charter amendment election shall be opened at 7:00 a.m. (P.S.T.) of
said. day of election, and shall be kept open continuously thereafter until 7:00
(P.S.T.) of said day of election, when the polls shall be closed. (except as provided
in Section 5734 of the Elections Code), and the election officers shall thereupon
proceed to canvass the ballots cast thereat.
(e) Said special munic ipal charter amendment election shell be and is
hereby consolidated with the General Municipal Election to be held in said City cf
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
caee be the same, and there shall he 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 shell be the same es 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, polling places and election officers for the special
municipal charter amendment election hereby called.
(f) Cnly one form of ballot shall be used at said General Municipal Elec-
tion and said Special Municipal Charter Amendment Election hereby consolidated there-
with, which, in addition to all other matters required by law to be printed thereon,
shall state the measure set forth in Section 3 hereof.
ig) Each voter may vote on the proposed Charter amendment. To vote in
favor of the proposal tc amend the Charter of the City of Alameda a voter shall stamp
a cross (X) 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 stamp a cross (X) in
the blank space opposite the word "NO" on the ballot 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 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 elec-
tion officers and shall be by them deposited with the City Clerk, together with the
ballets cast at said election; and this Council shall meet at its usual meeting place
and canvass said returns on Tuesday, the ]7th 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 1C, 1959
to be published in the time and farm required by Section 19-9 of Article XIX of the
Charter of the City cf 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 tc be
printed in convenient pamphlet form and in type of not less than ten-point and to
cause conies 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-STAH, a newspaper of general 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 CF 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 own motion,
to the Charter of the City of Alameda by amending Section 17-4. of Article XVII thereof,
said amendment to provide that the Council of the City of Alameda shall adopt a budget
and tax rate at any time prior to the third Tuesday of September of each year, rather
than after the first day of September and not later than the third Tuesday in Septem-
ber of each year, 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. Tennier
City Clerk of the City of Alameda,
California
I, 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
O.
President McCall,
NOES: None,
ABSENT: None.
IN WITNESS liIHEREOF, I have hereunto set my hand and affixed the official
seal of said City this ?1st day of January, 1959.
SHIRLEY H. TENNIFR
(SEAL) City fferk ofthe City of Alameda
I hereby certify that the foregoing is a full, true and correct copy of
"Resolution No. 5892, RESOLUTION OF THE COUNCIL OF THE CITY OP ALAMEDA PROPOSING AN
AMENDMENT 70 THE CHARTER OE THE CITY OF ALAMEDA ON THE MOTION OF THE OITYC OUNCIL;
CALLING A SPECIAL MUNICIPAL CHARTER AMENDMENT ELECTION IN THE CITY OF ALAMEDA FOR THE
PURPOSE OF SUBMITTING TO THE ELECTORS OFS AID CITY A PROPOSAL TO AMEND THE CHARTER
OF SAID CITY, VIZ: BY AMENDING SECTION 17-4 OF ARTICLE XVII OF SAID CHARTER, SAID
AMENDMENT TO PROVIDE THAT THE COUNCIL OF THE CITY OF ALAMEDA SHALL ADOPT A BUDGET
AND TAX RATE AT ANY TIME PRIOR TO THE THIRD TUESDAY OF SEPTEMBER OF EACH YEAR, RATHER
THAN AFTER THE FIRST DAY OF SEPTEMBER AND NOT LATER THAN THE THIRD TUESDAY IN SEP-
TEMBER OF EACH YEAR; FIXING THE DATE OF SAID ELECTION, THE MANNER OF HOLDING THE SAME,
AND PROVIDING FOR NOTICE THEREOF; AND CONSOLIDATING SAID SPECIAL MUNICIPAL CHARTER
AMENDMENT ELECTION WITH THE GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON
MARGE 10, 1959," introduced and adopted by the Council on the 20th day of January, 1959,
City Clerk of the City of Alameda