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RESOLUTION N0 . 3439
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH TO SUBMIT TO THE QUALIFIED VOTERS
OF SAID CITY AT THE GENERAL MUNICIPAL ELECTION TO
BE HELD ON APRIL 11, 1972 AN ORDINANCE PROPOSED
BY INITIATIVE PETITION ADDING ARTICLE 165 TO
CHAPTER 16 OF THE HUNTINGTON BEACH ORDINANCE CODE
WHEREAS, certain citizens of the City of Huntington Beach
on January 4, 1972, have submitted to the City Clerk an initia-
tive petition for an ordinance of the City of Huntington Beach .
providing for voter approval of certain indebtedness; and
Said petition was signed by 4,318 qualified electors of
the city, as certified by David G. Hitchcock, Registrar of
Voters, Orange County, California, who had such petition checked
for the City Clerk of the City of Huntington Beach; and
The number of qualified registered voters in the City of
Huntington Beach at the time of the filing of said petition,
as certified to the Secretary of State of California by the
Orange County Registrar of Voters, was 37,093, and said 4,318
signatures represents more than ten percent of the number of
registered voters in the City of Huntington Beach at the time
of such filing; and
Section 4012 of the Elections Code of the State of Cali-
fornia provides that an initiative ordinance presented to the
City Council by at least ten percent of the voters of the city
at the time of submission shall require (a) that the City
Council shall introduce the ordinance presented, without al-
teration at the regular meeting at which it is presented, and
adopt the ordinance within ten days after it is presented; or
(b ) shall submit said initiative ordinance to the voters at the
next regular municipal election occurring at least forty-five
1.
days after the order of the legislative body; and
The next general municipal election of the City of Hunting-
ton Beach occurring at least forty-five days after this order
is on April 11, 1972; and
The petition requests the adoption of the following ordi-
nance as set forth in said petition:
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH ADDING ARTICLE
165 TO CHAPTER 16 OF THE HUNTINGTON BEACH ORDINANCE CODE PROVIDING
FOR VOTER APPROVAL OF PARKING INDEBTEDNESS .
The People of .the City of Huntington Beach do ordain as fol-
lows :
Section 1. Article 165 shall be added to Chapter 16 of the
Huntington Beach Ordinance Code to read as follows :
ARTICLE 165 . VOTER APPROVAL OF PARKING INDEBTEDNESS .
SECTION 1651. VOTER APPROVAL OF PARKING FINANCING LEASES .
Voter approval of city indebtedness incurred through parking
financing leases shall be required, and, to that end, the city
shall not enter into any lease with a parking authority created
pursuant to the Parking Law of 1949 , if all or part of the pay-
ments thereunder are to be used to support directly or indirectly
any revenue bonds issued by the city or any other public cor-
poration or entity, unless such lease is authorized by ordinance,
adopted by a two-thirds vote of the City Council, and unless such
ordinance is thereafter approved by the same majority of qualified
electors of the city as is required by the Constitution of the
State of California for the approval of general obligation bonds
of the city. As used herein, the term "lease" includes, without
limitation, operating agreement, guarantee or any other form of
contract .
SECTION 1651. 1. VOTER APPROVAL OF PAST PARKING FINANCING
LEASES . Any lease, operating agreement, guarantee, or other form
of contract entered into by the city after August 1, 1971, which
would have required voter approval, if Section 1651 had been in
effect , shall be submitted to the qualified voters of the city as
required by Section 1651 as soon as possible following the effec-
tive date of this section, and, if so approved in accordance with
said Section 1651, shall remain in effect; but if not so approved,
shall be deemed rescinded, unless the Constitution of the United
States of America and the State of California prevent such re-
scission.
Section 2. If any of the provisions of this ordinance shall
for any reason be held to be illegal or invalid, such illegality
2 .
or invalidity shall not affect any other provision of this ordi-
nance, and this ordinance shall be construed and enforced as if
such illegal or invalid provisions had not been contained therein. "
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Huntington Beach as follows :
SECTION 1. That the ballot for the general municipal elec-
tion to be held on April 11, 1972 shall include for the purpose
of submitting to the qualified voters of said city, a proposition
to appear on the ballot as follows :
' Shall an ordinance, entitled, ' YES
' "An Ordinance of the City of
'Huntington Beach Adding Article
1165 to Chapter 16 of the Hunting-
' ton Beach Ordinance Code Providing ' NO
' for Voter Approval of Parking In-
' debtedness" be adopted?
r r r r
SECTION 2 . That a cross (+) placed in the voting square
after the word "YES" in the manner hereinbefore provided shall be
counted in favor of the adoption of the proposition. A cross (+)
placed in the voting square after the word "NO" in the manner
hereinbefore provided shall be counted against the adoption of
the proposition.
SECTION 3 . That notice of the time and place of holding
said election is hereby given and the City Clerk is hereby author-
ized, instructed and directed to give such further or additional
notice of said election in time, form and manner as required by
law.
SECTION 4 . That the City Clerk shall certify to the passage
and adoption of this resolution; shall enter the same in the book
of original resolutions of said city; and shall make a minute of
the passage and adoption thereof in the records of the proceedings
of the City Council of said city, in the minutes of the meeting
at which the same is passed and adopted.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 7 th
3 .
day of February 1972 .
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Att y
4 .
Res. No. 3439
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss :
CITY OF HUNTINGTON BEACH )
I , PAUL C. JONES, the duly elected, qualified and
acting City Clerk of the City of Huntington Beach, and ex-
officio Clerk of the City Council of said City, do hereby
certify that the whole number of members of the City Council
of the City of Huntington Beach is seven; that the foregoing
resolution was passed and adopted by the affirmative vote of
more than a majority of all the members of said City Council
at a regular meeting thereof held on the 7th
day of February , 19 72 , by the following vote:
AYES: Councilmen:
Shipley, Bartlett, McCracken
NOES: Councilmen:
Gibbs, Green, Coen
ABSENT: Councilmen:
Matney
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California