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HomeMy WebLinkAboutORD NO 2289FRS:pw 8/4/76 ORDINP~NCE NO. 2289 NEW SERIES AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAKERSFIELD, CALIFORNIA, ORDERING, CALLING, PROVIDING FOR AND GIVING NOTICE OF A SPECIAL ELECTION TO BE HELD IN SAID CITY ON NOVEMBER 2, 1976, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED VOTERS OF SAID CITY A PROPOSITION TO INCUR BONDED INDEBTEDNESS BY SAID CITY FOR ACQUISITION OF A CERTAIN MUNICIPAL IMPROVE- MENT AND CONSOLIDATING SAID ELECTION WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON SAID DATE. WHEREAS, at a meeting held prior to the meeting at which this ordinance is adopted by the City Council by a vote of at least two-thirds of the members thereof, the City Council adopted a resolution determining that the public interest and necessity demand the acquisition of a water supply and distribution system; NOW, THEREFORE, the City Council of the City of Bakersfield DOES ORDAIN 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 the proposition hereinafter set forth of in- curring indebtedness and issuing bonds of said City therefor, in the principal amount stated in the ballot proposition hereinafter set forth, and the object and purpose set forth in said resolution and in said ballot proposition. SECTION 2. That the estimated cost of the improve- ments described in said ballot proposition is the s-~ra of $15,500,000. The estimated cost of said improvements includes the following: (a) legal or other fees incidental to or connected with the authorization, issuance and sale of the bonds, and (b) the costs of printing the bonds and other costs and expenses incidental to or connected with the authori- zation, issuance and sale of the bonds. -1- SECTION 3. That the maximum rate of interest to be paid on said indebtedness shall not exceed the maximum rate permitted by law, to-wit: eight percent (8%) per annum, the actual rate or rates of interest on said bonds to be determined at or prior to the time of the sale or sales thereof. Said interest shall be payable semiannually except that interest for the first year may be made payable at the end of said year. SECTION 4. That the polls for said election shall be opened at 7:00 o'clock a.m. of the day of said election and shall remain open continuously from said time until 8:00 o'clock p.m. on 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 5. That on the ballots to be issued at said special election, in addition to any other matters required by law, there shall be printed, in English and Spanish, substan- tially the following: MARK THE BALLOT BY PUNCHING OUT THE CROSS (+) IN THE VOTING SQUARE AFTER THE WORD "YES" OR AFTER THE WORD "NO". (ABSENTEE BALLOTS MAY BE MARKED WITH PEN AND INK OR PENCIL). CITY OF BAKERSFIELD GENERAL OBLIGATION BOND ELECTION NOVEMBER 2, 1976 : BOND PROPOSITION: Shall the City : : : of Bakersfield incur a bonded indebted- : : : ness in the principal sum of $15,500,000: : : for the acquisition of all Kern River : YES : : water, water rights, waterworks and : : : water facilities of Tenneco West, Inc., : : : Kern Island Water Company and Kern : : : River Canal and Irrigating Company des- : : : cribed in the Acquisition Agreement : NO : : entered into by the City as of April 12,: : : 1976, and all expenses incidental to or : : : connected with the authorization, : : : issuance and sale of the bonds? : : -2- SECTION 6. By punching out a cross (+) placed in the voting square after the word "YES" in the manner herein- before provided shall be counted in favor of the adoption of the proposition. By punching out a cross (+) placed in the voting square after the word "NO" in the manner hereinbefore provided shall be counted against the adoption of the pro- position. SECTION 7. That if the proposition for the incurring of bonded indebtedness so submitted receives the requisite number of votes, to-wit: two-thirds of the votes of the qualified electors voting on said proposition, bonds of said City, in not exceeding the principal amount stated in such proposition, may be issued and sold for the object and purpose set forth in said proposition. SECTION 8. The special election hereby called shall be and is hereby ordered consolidated with the statewide general election to be held in said City on said date and such elections shall be held in all respects as if 'there were only one election and only one form of ballot shall be used thereat. The precincts, polling places and officers of election for the special election hereby called shall be the same as those provided for said general general election. SECTION 9. That except as otherwise provided in this ordinance, the election called hereby shall be conducted as provided by law for other municipal elections in said City. SECTION 10. That the City Clerk shall certify to the passage and adoption of this ordinance by a vote of at least two-thirds of all of the members of the City Council of said City, and shall cause this ordinance to be published in English and Spanish for seven (7) days in THE BAKERSFIELD CALIFORNIAN, a newspaper of general circulation, printed and published in said City, the first publication to be at least -3- fourteen (14) days prior to the close of registration for such election. No other notices of such election need be given. SECTION 11. passage. This ordinance shall take effect upon its ADOPTED, 1976. (SEAL) SIGNED, AND APPROVED this 16th day of August, ATTE£~: Zinc le~rk~ City~y~akers field APPROVED AS TO CITY ATTORNEY -4- STATE OF CALIFORNIA ) ) COUNTY OF KERN ) SS. I, H. E. BERGEN, City Clerk of the City of Bakersfield, California, do hereby certify that the foregoing ordinance was introduced at a regular meeting of the City Council duly held on the 9th day of August, 1976, and thereafter at an adjourned regular meeting of said City Council duly held on the 16th day of August, 1976, was duly passed and adopted by said City Council and signed and approved by the Mayor of that City, and that said ordinance was passed and adopted by the following roll call vote: NOES: COUNCILMEN /~ ~-~L~ ABSENT: COUNCILMEN ~t2~-~ City~le'rk ,~ cit~rsfield (SEAL) -5- STATE OF CALIFORNIA ) ) COUNTY OF KERN ) ss. I, H. E. BERGEN, City Clerk of the City of Bakersfield, California, do hereby certify that the above and foregoing is a full, true and correct copy of Ordinance No. 2289 , of said City Council, and that the same has not been amended or repealed. DATED: August 18 , 1976 (SEAL) Aff av of j os ing Ore,nantes STATE OF CALIFORNIA, f County of Kern ss. H. E. BERGEN, being duly sworn, deposes and says: That he is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that on ..........................................~_~.g...u_~...t._.._l..8.. ....................................................., 19._~.~_ he posted on the Bulletin Board at the City Hall, a full, true and correct copy of an ordinance passed by the Council of said City at a meeting thereof duly held on ........................A_.~g.~.~..~......]:..§. ........................., 19.._.~..$,. which ordinance was numbered ........ ~.~.$9 ..............New Series, and entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAKERSFIELD, CALIFORNIA, ORDERING, CALLIiNG, PROVIDING FOR AND GIVING NOTICE OF A SPECIAL ELECTION TO BE HELD IN SAID CITY ON NOVEMBER 2, 1976, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED VOTERS OF SAID CITY A PROPOSITION TO INCUR BONDED INDEBTEDNESS BY SAID CITY FOR ACQUISITION OF A CERTAIN MUNICIPAL IMPROVE- MENT AND CONSOLIDATING SAID ELECTION WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON SAID DATE. / City ~lerk Subscribed and sworn to before me this