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HomeMy WebLinkAboutRES CC 1986 310 1986 0602RESOLUTION NO. 86- 310 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION, TO BE HELD IN THE CITY ON TUESDAY, NOVEMBER 4, 1986. FOR THE SUBMISSION OF A QUESTION OR MEASURE TO THE QUALIFIED ELECTORS OF THE CITY,-RELATING TO THE PASSAGE OF ORDINANCE NO. 69 OF SAID CITY, APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY AND UWC MOORPARK INVESTORS (PLANNED COMMUNITY NO. 3); AND REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF VENTURA TO CONSOLIDATE SAID SPECIAL MUNICIPAL ELECTION WITH THE GENERAL MUNICIPAL ELECTION TO BE HELD IN CONSOLIDATION WITH THE STATEWIDE GENERAL ELECTION ON SAID DATE, PURSUANT TO SECTION 23302 OF THE ELECTIONS CODE. WHEREAS, on April 21, 1986 the City Council of the. City of Moorpark adopted Ordinance No. 69, approving a Development Agreement Between the City and UWC MOORPARK INVESTORS (Planned Community No. 3); and WHEREAS, on May 20, 1986 there was filed with the City Clerk of said City a referendum petition protesting the passage of said Ordinance No. 69; and WHEREAS, at the City Council meeting of June 2, 1986, the City Clerk presented Certification of said referendum petition, dated May 29, 1986, and signed by Richard D. Dean, County Clerk /Registrar of Voters, by Jenny Curtis. Deputy, Ventura County, certifying that 941 signatures on said petition had been found sufficient and that 227 signatures had been found not sufficient; and WHEREAS, Sections 4051 and 4055 of the Elections Code provide that should a referendum petition be signed by not less than ten percent (10 %) of the registers of the City according to the County Clerk's official report of registration to the Secretary of State, the effective date of the ordinance against which the petition is filed shall be suspended and the legislative body shall reconsider the ordinance; and WHEREAS, the City Council has reconsidered said ordinance and has reached a decision that the passage of the ordinance not be repealed, and that said ordinance shall be submitted to a vote of the electorate at the next regular municipal election, to be held November 4, 1986; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE, DETERMINE. ANI) ORDER AS FOLLOWS: SECTION 1. That pursuant to the requirements of the laws of the State of California relating to General Law Cities within the State, and pursuant to the provisions of Section 4055 of the Elections Code of said State, there is called and ordered held in the City of Moorpark, California, on Tuesday, November 4, 1986. a Special Municipal Election of the qualified electors of the -1- City for the purpose of submitting to said qualified electors said Ordinance No. 69, approving a Development Agreement between the City and UWC Moorpark Investors ( Planned Community No. 3) . SECTION 12. That the Citv Council, pursuant to its right and authority, does order submitted to the qualified electors of the City at the Special Municipal Election hereinabove called to be held, the following question or measure: Shall Ordinance No. 69, entitled: "AN ORDINANCE OF THE CITY OF MOORPARK, YES CALIFORNIA APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY AND UWC NO MOORPARK INVESTORS (PLANNED COMMUNITY No. 3) ", passed by the City Council, become effective? A mark placed in the voting square, rectangle or other specified voting space after the word "YES" in the manner provided shall be counted in favor of the adoption of the question. A mark placed in the voting square, rectangle or other specified voting space after the word "NO" in the manner provided shall be counted against the adoption of the question. SECTION 3. That the ballots to be used at the election shall be, in form and content, such as may be required by law to be used in the election. SECTION 4. That the City Clerk of the City 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 special 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 8:00 o'clock p.m. of the same day, when the polls shall be closed, except as provided by law for holding municipal elections in the City. SECTION 6. That in all particulars not recitedinthis resolution, the special election shall be held and conducted as provided by law for holding municipal election sin the City. SECTION 7. That notice of the time and place of holding the special election is given and the City Clerk is authorized, instructed and directed to give such further or additional notice of the election, in time, form and manner as required by law. SECTION 8. That pursuant to the requirements of Section 23302 of the Elections Code, the Board of Supervisors of the County of Ventura is hereby requested to consent and agree to the consolidation of said Special Municipal Election with the Statewide General Election on Tuesday, November 4, 1986. SECTION 9. The County Clerk of said County is hereby authorized to canvass the returns of said Special Municipal Election which is hereby requested to be consolidated with said Statewide General Election, and said election shall be held in all respects as if there were only one election, and only one form of ballot shall be used. -2- SECTION 10. Said Board of Supervisors is hereby requested to issue instructions to the County Clerk to take any and all steps necessary for the holding of said consolidated election. SECTION 11. The City of Moorpark recognizes that additional costs will be incurred by the County by reason of this consolidation, and agrees to reimburse the County for any such costs. SECTION 12. That the City Clerk of the City of Moorpark is hereby directed to file a certified copy of this resolution with the Board of Supervisors of the County of Ventura. SECTION 13. That the City Clerk shall certify to the passage and adoption of this resolution and shall enter it into the book of original Resolutions of said City. PASSED AND ADOPTED this 2nd day of June. 1986. ATTEST: Q�M, W�'L MayV of the City of Moorpark, California -3- STATE OF CALIFORNIA ) COUNTY OF VENTURA ) SS. CITY OF MOORPARK ) I, Doris D. Bankus , City Clerk of the City of Moorpark, California, do hereby certify that the foregoing Resolution No. 86-310 was adopted by the City Council of the City of Moorpark at a regular meeting thereof held on the 2nd day of June , 19 86 , and that the same was adopted by the following roll call vote: AYES: Yancy-Sutton, Woolard, Ferguson, Prieto and Mayor Weak; NOES: None; ABSENT: None. WITNESS my hand and the official seal of said City this 2nd day of June , 19 86 . ^ r. . City Clerk 0:11114004 4fids, elt-Ar*.P.- a