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HomeMy WebLinkAboutCity Council - 6201 RESOLUTION NO. 6201 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 6, 1990, FOR THE SUBMISSION TO THE VOTERS A QUESTION RELATING TO A CHARTER AMENDMENT PROPOSED BY THE LEGISLATIVE BODY WHEREAS, under the provisions of the laws relating to charter cities in the State of California, a General Municipal Election shall be held on November 6, 1990, for the election of Municipal Officers; and WHEREAS, the City Council also desires to submit to the voters at the election a question relating to a charter amendment proposed by the legislative body; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1 . That the City Council, pursuant to its right and authority, does order submitted to the voters at the General Municipal Election the following question: MEASURE D Should the City of Huntington Beach Charter YES be amended to require that no City park or beach may be sold without the affirmative votes of at least a majority of the total membership of its City Council and of the NO electors voting on such sale? - 1 - SECTION 2 . That the proposed measure submitted to the voters is attached as Exhibit "A" . SECTION 3 . That the ballots to be used at the election shall be in form and content as required by law. SECTION 4 . That the City Clerk is authorized, instructed and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election. SECTION 5 . That the polls for the election shall be open at seven o 'clock a.m. of the day of the election and shall remain open continuously from that time until eight o'clock p.m. of the same day when the polls shall be closed, except as provided in Section 14301 of the Elections Code of the State of California. SECTION 6. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections. SECTION 7. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law. 2 - 6201 SECTION 8 . That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions . PASSED, APPROVED AND ADOPTED ON August 10 , 1990 . Mayor ATTEST: APPROVED AS TO FORM: City Clerk city? torneyG� REVIEWED AND APPROVED: INITIATED AND APPROVED: City Administrator Di a for of Comm ity S ry ces 6201 First: Section 612 of the City Charter is amended to read as follows: SALE OF PUBLIC UTILITIES AND PARKS AND BEACHES (a) No public utility now or hereafter owned or operated by the City shall be sold, Jeased or otherwise disposed of unless authorized by.the affirmative votes of at least a majority of the total membership..of the City Council and by the affirmative vote of at least a majority of the electors voting on such proposition at a general or special election at which such proposition is submitted. Second_ The following additional paragraph is added to Section 612 of-the City 1 Charter: (b) No park or beach or portion thereof now or hereafter owned by the City shall be sold,6zcept to another governmental agencylor continue use as a park or eac , unless authorizer! Sys ative votes of a majority of the total membership of the City Council and by the affirmative vote of a majority of the electors voting on such proposition at a general or special election at which such proposition is submitted. Third: The following additional paragraph is added to Section 612.0fthe City Charter: (c) If any section,subsection,part,subpart, paragraph,clause or phrase of this amendment, or any amendment or revision of-this amendment, is for any reason held to be invalid or unconstitutional, the remaining sections,subsections, parts,subparts, paragraphs..clauses or phrases shall not be affected but shall remain in full force and.effect. EXHIBIT "A" Page 14m op& 6201 i i Res„ No. 6201 STATE OF CALIFORNIA COUNTY OF ORANGE ; ss: CITY OF HUNTINGTON BEACH ) I, CONNIE BROCKWAY, 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 the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a regular adjourned meeting thereof held on the loth day of August 19 90 by the following vote: AYES: Councilmembers: Mays, Bannister, Silva, Erskine NOES: Councilmembers: Winchell , Green ABSENT: Councilmembers: MacAllister qy L'W� City er an ex-officiMoUlerk of the City Council of the City of Huntington Beac.h, California