HomeMy WebLinkAboutCity Council - 4297 RESOLUTION NO. 4297
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH ORDERING, CALLING, PROVIDING
FOR AND GIVING NOTICE OF A SPECIAL MUNICIPAL
ELECTION TO BE HELD IN SAID CITY ON NOVEMBER 2,
1976 FOR THE PURPOSE OF SUBMITTING TO THE QUALI-
FIED VOTERS OF SAID CITY A PROPOSITION CONCERNING
CHANGING THE VOTE REQUIRED OF THE CITY COUNCIL TO
ENACT ANY MEASURE LEVYING ANY TAX OR FEE
The City Council of the City of Huntington Beach does
hereby resolve, declare, determine and order as follows :
SECTION 1. That a special election be held and the same
is hereby called to be held in said city on November 2, 1976
for the purpose of submitting to the qualified voters of said
city a proposed Charter amendment , which amendment shall appear
on the ballots to be used at said special election in addition-
to any other matter required by law, substantially as shown in
the box immediately following such amendment :
PROPOSED CHARTER AMENDMENT
The City Charter of the City of Huntington Beach is hereby
amended by adding Section 1222 to read:
"No tax or other measure whose principal pur-
pose is the raising of revenue , or any increase in
the amount thereof, shall be levied, enacted or es-
tablished except by ordinance adopted by the affirm-
ative votes of at least five (5) members of the City
Council; provided, however, that any tax levied or
collected pursuant to Section 1207(b ) of this Charter
shall be exempt from the minimum voting requirement
of this section.
"This section shall not apply to any license,
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permit, or any other fee or charge whose principal
purpose is to pay or reimburse the City for the
cost of performing any regulatory function of the
City under its police power in connection with the
City' s duty to preserve or maintain the public peace,
health, safety, welfare or morals .
"This section shall not apply to any user or
service fee or charge provided such fee or charge is
directly related to such use or service, is charged
to the user or person receiving such service, and is
to pay or reimburse the City for the costs of pro-
viding such use or service.
"This section shall not apply to any fee or charge
relating to any franchise or proprietary function of
the City. "
'Shall the City Charter be amended
' to require ,the affirmative vote
' of five (5) members of the City ' YES
' Council (rather than the present
' requirement of four (4) ) to enact
' any tax or revenue raising meas-
'ure , but keeping the requirement r r r
' of four (4) affirmative votes to ' NO
' enact any nonrevenue raising fee
'or charge?
SECTION 2 . That the polls for said election shall be opened
at 7 a.m. of the day of said election and shall remain open con-
tinously from said time until 8 p .m. of the same day, when said
polls shall be closed, except as provided in Section 14436 of the
Elections Code of the State of California.
SECTION 3. 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
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the proposition.
SECTION 4 . That the special election hereby called for the
date hereinabove specified shall be and is hereby ordered con-
solidated with the statewide general election to be held on said
date , and within said city the precincts , polling places and of-
ficers of election for the special municipal election hereby
called shall be the same as those provided for said statewide
general election. The proposition submitted by this resolution
shall be designated on the ballot by a letter printed on the
left margin of the square containing the description of the
measure, as provided in Section 10231 of the Election Code .
SECTION 5. That notice of the time and place of holding
said election is hereby given and the City Clerk is hereby
authorized, instructed and directed to give such further or
additional notice of said election in time, form and manner as
required by law.
SECTION 6. 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
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 2nd
day of August , 1976 .
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3.
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorn
APPROVED AS TO CONTENT AND
AS INITIATING DEPARTMENT:
City dministrator
4,.
Res. No. 4297
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF HUNTINGTON BEACH )
I, ALICIA M. WENTWORTH, the duly elected, qualified 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 theCity 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 2nd day
of auqust , 19 76 , by the following vote:
AYES: Councilmen:
Bartlett, Pattinson. Gibbs. Siebert, Shenkman
NOES: Councilmen:
Coen
ABSENT: Councilmen:
Wieder
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City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California