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HomeMy WebLinkAboutProposed Charter Amendment, City Election dated April 9, 194 J t Assembly Concurrent Resolution No. 29 Adopted in assemb4ry7 ---- --------------- r of the assembly Adopted in Senate January 28, 1947P f ------------------- Se reta y of the Senate U , This resolution was received by the Secretary- of State this C21-day of � 1947, at--I-c%---o'clock----�v. ------- - - - -- -- --- ---- Deputy cret of ti ate --- 5 - ----- ------------- ----------------- Speaker of the Assembly President the Senate Attest: ------------- - -------------- S -Sretary of State f ose SAM L. C91LINS Speaker of the Assembly QQ2Q!jIN , . KNIGHT President of the Sena Attests F—RM N.%TORAAN Secretary of Statue THE FORECOING INSTRUMENT IS A CORRECT COPY CF Tyr')OIZtf;IA,IAL ON i-ILE IN THIS OFFICE of 'Lo City Coo iG of it H C. I City Charter .amendments 7'heyhyst"'caCfiCe may contain the original(s) of, for examyCe, yroyosed amendments, pu6Cic hearing notices or bookCets, but in aCCcases they are exact dupCicates of this eCectronicfiCe. CHAPTER---------- Assenably Concurrent Resolution No.29—Relative to approving certain arnendoients to the charter of the City of Hunting- to?a Beach, in the County of Orange, State of California, noted for and ratified by the electors of the.city at the general ntsuu-icipal election held therein"on the ninth clay of April, 1946. WHEREAS, Proceedings have been taken and had for the proposal, adoption and ratification of certain amendments, hereinafter set forth, to the charter of the City of Huntington - Beach, a nnulicipal corporation in the County of Orange, State -of California, as set out in the certificate of the Mayor of the City of Huntington Beach, and the City Clerk of the City of Huntington Beach, as follows, to wit: CERTIFICATE OF RATIFICATION BY ELECTORS OF THE CITY OF HUNTh\TGTON BEACH OF A CERTAIN CHARTER AMENDMENT STATE OF CALIFORNIA County of Orange ss City of Huntington Beach We, the undersigned, TED AV. B ARTLETT, Mayor of the City of Huntington Beach, County of Orange, State of Cali- fornia, and C. R. FURR, City Clerk and Es-of icio Clerk of said Citv Council of the City- of Huntington Beach, do herebi certify and declare as follo.is: That. the City of Huntington Beach, a municipal corpora- tion of the County of Orange, State of California, now is and at all times herein mentioned was, a city having a population of more than thirty-five hundred (3,500) inhabitants and less than fifty thousand (50,000) inhabitants, and has been, since May 15, 1937, and is now organized and acting under a Charter adopted under and by virtue of Section 8, Article YI of the Constitution of the State of California, which Charter was duly ratified by a majority-of the qualified electors of such City at a special election held for that purpose on the 29th day of April, 1937, and approved by the Legislature of the State of California by concurrent resolution filed with the Secretary of State on the 15th day of Filar, 1937, (Statutes 1937, page 2975). That in accordance with the provisions of Section 8,Article NI of the Constitution of the State of California, on its owli motion the Council of the City of Huntington Beach, being the legislative body thereof, duly and regularly submitted to the 4 qualified electors of the said City of Huntington Beach a certain proposal for amendment of the Charter of said City,to be voted upon by said qualified electors at the general municipal elec- tion held, as provided for by law, in said City on the 9th day of April,1946,which said proposal was designated as"PROPO- SITIOX NO.1." That the City Council did, at a regular meeting held on the 18th day of February, 1946, by Resolution No. 988, adopted by a four-fifths vote of said City Council, submitting to the electors of said City of Huntington Beach at said general municipal election to be held in said City on the 9th day of April, 1946, the proposition of the adoption of said proposed Charter amendment framed by the legislative body of said City, which proposed Charter amendment is set out in said Resolution and designated as "PROPOSED CHARTER AMENDMENT TO THE CHARTER OF THE CITY OF HU\'TINGTON BEACH, CALIFORNIA." That said proposed Charter amendment was published and advertised in accordance with Section 8, Article XI of the Constitution of the State of California, in the Huntington Beach News,a weekly newspaper of general circulation,printed, published and circulated in said City of Huntington Beach< That copies of said proposed amendment were printed in con- venient pamphlet form and in a type of ten-point, and until the day fixed for said election as required by law a Notice was advertised and published in said Huntington Beach News that such copies could be had upon application therefor at the Office of the City Clerk of the City of Huntington Beach. That such copies could be had upon application therefor at the Office of the City Clerk of the City of Huntington Beach until the date fixed for said election. } That pursuant to the law in such cases made and provided the said proposed amendment was submitted to the qualified 4 electors of said City for their ratification at said general municipal election, and that at said election a majority of the qualified electors voting thereon voted in favor of the ratifica- tion of and did ratify the proposed amendment to the Charter ' of said City. That the City Council of the said City of Huntington Beach in accordance with the law in such cases made and provided did meet on the 15th day of April, 1946, at its usual time and place of meeting and duly canvassed the returns of said election as certified by the election boards and duly found,determined and declared that said proposed amendment to the Charter of the City of Huntington Beach was ratified by a majority of the electors of said city voting thereon. - 5 — That said amendment to the Charter so ratified by the electors of the City of Huntington Beach is in words and figures as follows: PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA. PROPOSED CHARTER AMENDMENT No. 1 That Sections 1, 2 and 3 of Article X of the City Charter be amended to read as follows: Article X Section 1: In any project for the erection, improvement and repair of public buildings and works, in all work in or about streams, bays, or water fronts, or in or about embank- ments, or other works for protection against overflow, in all street or sewer work exclusive of maintenance or repair; and in the furnishing of any supplies or materials for any such project inclusive of projects for maintenance or repair of streets or sewers,when the total expenditures required for the same exceed the sum of Five Thousand Dollars ($5,000), the same shall be done by contract and shall be let to the lowest responsible bidder, after notice, which shall consist of the publication of a notice inviting bids by two or more insertions thereof, not less than five days apart, in a newspaper of general circulation, printed and published in such city, which publication shall be com- menced not less than 10 days prior to the date set in the notice for the opening of bids. Such notice shall distinctly and spe- cifically state the work contemplated to be done;provided, that the City Council may reject any and all bids presented and readvertise,in its discretion,and if any two or more bids are the same and are the lowest bids received, the Council may accept whichever one it chooses;provided further,after rejecting bids, the City Council may declare and determine by a four-fifths vote of all its members that in its opinion the work in question may be performed more economically by day labor or the materials or supplies furnished at a lower price in the open market, and after the adoption of a resolution to this effect it may proceed to have the same done in the manner stated without further observance of the foregoing provisions of this section; and provided further, that in case of a great public calamity such as an extraordinary fire, flood, store, epidemic or other disaster, or in the doing of emergency work deemed necessary in preparation for National or local defense, the City Council - 6 — may, by resolution passed by vote of four-fifths of all_its mem- bers declare and determine that public interest and,necessity demand the immediate expenditure of public money:to safe- guard life, health or property, and thereupon it may proceed to expend or enter into a contract;involving the expenditure of any sum required in such emergency. Section 2: In the event that there is more than one news- paper of general,circulation printed and published in such city, the City Council shall, annually, prior to the beginning of each fiscal year, publish a notice inviting bids, and contract,for the publication of all legal notices required to be published in a newspaper in said city. Said contract shall include the printing and publishing of all such legal notices during the ensuing fiscal year. In the event there is only one newspaper of general cir- culation printed and published in said city, then the City Council shall have the power to contract with such newspaper -for the printing and publishing of such legal notices without being required to advertise for bids therefor. Section 3: Nothing in this article contained shall be con- strued as applicable to work or materials, or supplies to be paid for by special assessment on property benefited thereby, but in all such cases the particular laws applicable thereto shall be observed, otherwise the provisions of this article shall be foI- lowed. That we have compared the foregoing amendment with the original proposal submitting the same to the electors of said city and find that the foregoing is a full,true, correct and exact copy thereof; we further certify that the facts set forth in the preamble preceding such amendment to said Charter are true. That as to said amendment this certificate shall be taken as a full and complete certification as to the regularity of all pro- ceedings had and clone in connection therewith. IN WITNESS WHEREOF, we have hereunto set our hands and caused the corporate seal of the said City of Huntington Beach to be affixed hereto this 15 day of January, 1946. TED NT. BARTLETT - MAYOR of the City Council of the City of Huntington Beach., California. (SEAL) C. R.FUR,R CITY CLERK of the City of Huntington Beach, California. and WaEa,EAs, The proposed amendments to the charter-of the City of Huntington Beach so ratified as hereinbefore set-forth have been and are now duly presented and submitted-to-the 0 rl Legislature of the State of California for approval or rejection as a whole without power of alteration in accordance with Section S of Article hI of the Constitution of the State of Cali- fornia; now, therefore, be it Resolved by the Assembly of the State of California, the Sei?ate thereof concurring, A-majority of all members elected to each house voting therefor and eoncurring therein, that said amendments to the charter of the City of Huntington Beach as proposed to and adopted and ratified by the electors of said City of Huntington Beach, as hereinbefore fully set forth, be and the same are hereby approved as a "Whole, without amendment or alteration for and-as amendments to and as a part of the charter of the City of Huntington Beach, a municipal corpora- tion in the County of Orange, State of California. 0 ENDL .2SED FILED in the office of the Secretary of State of t';e State of California 8 JAN 2 9'1947 FRS HI M.JORDAN,Secretary of State CHAS.J.HAGERTY, Sam L®Collins -------------------------------------- Speaker of the Assembly ----- Goodwin-J,+..Knight --------- { President of the Senate Attest: ----- Frank-M.Jordan------------ (Seal) Secretary of State i b �bs�4rz`��ySt,t '4�*+�` �za �� f �'�•k��&rF}-",� a 1' a0 7#s. Or ' f5ra{yr. &r syy a ,Y"'i` ert M ,T, Tk"y:5'•:(.1�.�"�{pk�y� rn,-fey�Ci�pS«utz 4�`� ``.-�i "i c d c Assembly Concurrent Resolution No.29 Adopted in Assembly January 24, 1947 Arthur A.OhnimuS -------------------------------------- Chief Clerk of the Issembly Adopted in Senate January 28, 1947 r , f J.A.Beek -------------------------------------- Secretary of the Senate This resolution was received by the Secretary of State this 29th January 1947, at_12__o'elock____ . ------day of------------ ------Chime J�Hagert ------------ Deputy Secretary of State