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HomeMy WebLinkAboutResolution No. 3587 - 4 t RESOLUTION NO. 3587 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ORDERING, CALLING, PROVIDING FOR AND GIVING NOTICE OF A SPECIAL MUNICIPAL ELECTION TO'BE HELD IN SAID CITY ON NOVEMBER 7, 1978 FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED VOTERS OF SAID CITY PROPOSED AMENDMENTS TO THE CHARTER OF SAID CITY AND CONSOLIDATING SAID ELECTION WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON SAID DATE. WHEREAS, pursuant to authority provided by Article XI of the Constitution and Title 4, Division 2, Chapter 3 of the Govern- ment Code of the State of California, the City Council of the City of Downey desires to submit to the electors of said City three proposed charter amendments relating to election of counicilmen at large, and publication or ordinances, and contracts on public works, and WHEREAS, the City Council is thereupon authorized and directed by statute to submit the proposed amendments to the Charter to the qualified voters of said City; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That pursuant to Article XI of the Constitu- tion and Title 4, Division 2, Chapter 3 of the Government Code of the State of California, it hereby is ordered that said proposals for the amendments to the Charter of the City of Downey be submit- ted to the electors at a special Municipal election to be held in said City on November 7, 1978. ii I SECTION 2. The proposed amendments to the Charter of said City submitted to the voters shall be as follows: Downey City Charter Amendment No. 1. Shall Sections 500 and 501 of Article V of the Downey City charter be amended to read as follows: ARTICLE V CITY COUNCIL Section 500. CITY COUNCIL. TERMS. The elective officers of the City shall consist of a City Council of five members, elected by the electors of the City at large from each of the five districts referred to in Article XIII of this Charter, and at the times and in the manner provided in this Charter. Each member of the City Council shall serve for a term of four years and until his 'successor qualifies. The office of Councilman from District No. 1 shall be designated Office No. 1. The office of Councilman from District No. 2 shall be designated Office No. 2. The office of Councilman from District No. 3 shall be designated Office No. 3. The office of Councilman from District No. 4 shall be designated Office No. 4. • -2- The office of Councilman from District No. 5 shall be designated Office No. 5. The five members of the City Council in office at the time this Charter takes effect shall continue in office representing their respective districts until the expiration of their respective terms and until their successors are elected and qualified. The three members of the City Council elected from districts numbers one, three and five shall be elected at the general municipal election held in April, 1980 and each fourth year there- after. The two members of the City Council elected from'districts number two and four shall be elected at the general municipal election held in April, 1982 and each fourth year thereafter. The term of each member of the City Council shall commence on the first Tuesday following his election. Ties in voting among candidates for office shall be settled by the casting of lots. Section 501. ELIGIBILITY. No person shall be eligible to hold office as a member of the City Council unless he is, at the time of filing his nominating papers or equivalent declaration of candidacy, a resident and qualified elector of the city and has been so for a period of not less than 30 days next preceding such date of filing, and a resident and qualified elector of the district from which office he is a candidate and from which he is elected or appointed at the time of filing his nominating papers or equivalent declaration of candidacy and has been so for a period of not less than 30 days next preceding such date of filing. A person shall be eligible to hold office for a designated Council District only so long as he remains a resident of -3- such district. Downey City Charter Amendment No. 2. Shall Section 512 of Article V of the Downey City Charter be amended to read as follows: Section 512. ORDINANCES. ENACTMENT. PUBLICATION. In addition to such other acts of the City Council as are required by this Charter to be by ordinance, every act of the City Council establishing a fine or other penalty, or granting a franchise, shall be by ordinance. The enacting clause of all ordinances shall be substan- tially as follows: "The City Council of the City of Downey does ordain as follows: ". The City Clerk shall cause each ordinance to be pub- lished at least once in the official newspaper within fifteen days after its adoption. As an alternative to the publication of an ordinance as specified herein, the City Clerk may cause a summary of a proposed ordinance to be prepared and published in the official newspaper and post a copy of such summary with a copy of the full text of the proposed ordinance at least ten days prior to the date it is to be submitted to the City Council for adoption, and the publica- tion in the official newspaper of a summary of any ordinance adopted by the City Council and a posting of a certified copy of the full text of such adopted ordinance in the office of the City Clerk along with the names of the Council members voting for and -4- tj 1 against the ordinances within fifteen days after the date of its adoption. DOWNEY CITY CHARTER AMENDMENT NO. 3 Shall Section 1211 of the Downey Charter be amended to read as follows: "Section 1211. Contracts on Public Works. Except, as hereinafter expressly provided, every con- tract involving an expenditure of more than Seven Thousand Five Hundred Dollars ($7,500.00) for the construction or improvement (excluding maintenance and repair) of .public buildings, works, streets, drains, sewers, utilities, parks and playgrounds, and each separate purchase of materials or supplies for the same, where the expenditure required for such purchase shall exceed the sum of Seven Thousand Five Hundred ($7,500.00), shall be let to the lowest responsible bidder after notice by publication in the official newspaper by two (2) or more insertions, the first of which shall be at least ten (10) days before the time for opening bids. The City Council may reject any and all bids presented and may readvertise in its discretion. After rejecting bids, or if no bids are received, or without advertising for bids if the total amount of the contract or project is Fifteen Thousand Dollars ($15,000.00) or less, then the City Council may declare and determine -5- • that in its opinion, the work in question may be per- formed better or more economically by the City with its own employees, or that the materials or supplies may be purchased at a lower price in the open market, and after the adoption of a resolution to this effect by the affirmative vote of a majority of the total members of the City Council, it may proceed to have said work done • or such materials or supplies purchased in the manner stated, without further observance of the provisions of this Section. Such contracts may be let and such purchases made without advertising for bids if such work or the purchase of such materials or supplies shall be deemed by the City Council to be urgent necessity for the preservation of life, health or property, and shall be authorized by the affirmative vote of at least two- thirds of the total membership of the City Council. The limitations as provided in this Section may be • increased by adoption of a resolution by the affirmative vote of two - thirds (2/3) of the total members of the City Council provided, however, that such increase shall not be greater in percentage than the percentage change in the construction cost index of the Los Angeles • Metropolitan Area as reported by the Engineering News Record from the effective date of this section to the date of the change. Projects for the extension, construction or improve- ment of any public utility system operated by the City • • - 6- • • M . or for the purchase of supplies or equipment for any such project or any such utility may be excepted from . • ..the requirements of this Section by the affirmative vote of a majority of the total members of the City • Council." • SECTION 3.. That the foregoing .proposals hereby submit- ted shall appear upon the ballots for said general Municipal_ election in substantially the following form: • • • Shall pr oposed Charter No. 1: :amending Sections 500 and 501 of : :Article V, providing that councilmen YES - :shall be elected at large, but shall : • • : be elected from one of the five • :districts defined in the Charter be : • :ratified. • NO :Shall proposed Charter Amendment No— 2: • :amending Section 512 of Article • :V of the Charter, providing for : YES :either the publication of an ordinance: • :after its adoption or in lieu thereof : :the publication and posting of a • - :summary of the ordinance prior to and : . :subsequent to the adoption of the • • :ordinance be ratified. :. NO :Shall_ proposed Charter Amendment No. 3: : a m e n d i n g Section 1211 of Article XII :of. the Charter, providing that con- YES • :tracts for public works in excess of : :the amount $7,500.00 be let to the • :lowest responsible bidder and work or. : :material costing less than $15,000.00 : :may be performed without calling for : • :bids when authorized by the City • :Council and providing these amounts • • :may be z: 6 ;_sea by not more than the increase: : in the Construction Cost Index by . a 2/3 vote : NO :of the City Council be ratified. : • • • • • • • • • • t • SECTION 4. That the polls for said election shall be opened at seven o'clock A.M. of the day of said election and shall remain open continuously . from said time until eight o'clock P.M. of the same day, when said polls shall be closed, except as provided in Section 14301 of the Elections Code of the State of California. SECTION 5. That the special election hereby called for the date hereinbefore specified shall be and is hereby ordered consolidated with the statewide General election to be held on said date, and within said city the precincts, polling places and officers of election for the special Municipal election hereby called shall be the same as those provided for said statewide General election. The Board of Supervisors of Los Angeles County --- is hereby requested to order the consolidation of the special Municipal election hereby called with said statewide General election, and the Registrar of Voters is hereby authorized to canvass the returns of said special Municipal election, and said elections shall be held in all respects as if there were only one election, and only one form of ballot, namely, the ballots used at said general State election, shall be used. Said Registrar of Voters shall certify the results of the canvass of the returns of said special Municipal election to the City Council of said city • which shall thereafter declare the results thereof. A 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 10219 of the Elections Code. -8- SECTION 6. That notice of the time and place of holding said election is hereby given and the City Clerk is hereby author- ized, instructed and directed to give such further or additional notice of said election in time, form and manner—as required by law. SECTION 7. 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 of the 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. SECTION 8. That this Resolution shall take effect immediately. APPROVED AND ADOPTED this 22nd day of August 1978. -7 ` KENNETH J. MILLER, MAYOR PRO TEM ATTEST: 0 ' ■.U..42. D i -TY CLERK -9- I HEREBY CERTIFY that the foregoing Resolution No. 3587 was approved and adopted at a regular meeting of the City Council of the City of Downey held on the 22nd day of August , 1978, by the following vote, to wit: AYES: 4 Councilmen: Jackman, Swearingen, Mackaig, Miller NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Greene DEP ` ' •CITY CLERK -10-