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HomeMy WebLinkAboutResolution No. 6137 RESOLUTION NO. 6137 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION ON TUESDAY, MAY 5, 1998, FOR THE SUBMISSION OF PROPOSED AMENDMENT NO. 11 TO THE DOWNEY CITY CHARTER RELATING TO POLICE AND FIRE SERVICES WHEREAS, pursuant to authority provided by Article XI, Section 3, of the Constitution of the State of California; Title 4, Division 2, Chapter 3 of the Government Code and Division 9, Chapter 3, Article 3 of the Elections Code of the State of California, the City Council of the City of Downey desires to submit to the voters a proposed amendment to the Downey City Charter. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1: That pursuant to Article XI, Section 3, of the Constitution of the State of California; Title 4, Division 2, Chapter 3 of the Government Code and Division 9, Chapter 3, Article 3 (commencing at Section 9255) of the Elections Code of the State of California, there is called and ordered to be held in the City of Downey, California, on Tuesday, May 5, 1998, a Special Municipal Election for the purpose of submitting to the voters the following proposed Charter amendment: Charter Amendment#11: Shall a Charter amendment proposed by the Downey City Council which requires authorization through an affirmative Yes advisory vote by not less than two-thirds of the voters at a general municipal election in order to permit an alternative to providing through its own staff No for police and fire departments, be adopted? SECTION 2. That the text of the proposed Charter amendment submitted to the voters at a Special Municipal Election to be held in the City on the 5th day of May, 1998, which day is hereby fixed as the day and date for the holding of said Special Municipal Election, is as follows: "Charter Amendment#11: Section 702 of the Downey City Charter is hereby amended by adding the following language to be inserted between the first and second sentence: Without amending this provision of the Charter, the City Council may consider an agreement or use a method to provide fire or police services other than through the City's own staff only if such agreement or method is first submitted for an advisory vote and authorized by the affirmative votes of two-thirds of the voters voting on such advisory measure at a general municipal election. This two-thirds voting requirement shall not apply to charter amendments. SECTION 3. That the ballots to be used at the election shall be in form and content as required by law. Resolution No. 6137 Page 2 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 shall be open at 7:00 a.m. of the day of the election and shall remain open continuously from that time until 8:00 p.m. of the same day when the polls shall be closed, except as provided in Section 14212 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 special 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. SECTION 8. That the City Clerk shall certify to the passage and adoption of this Resolution. APPROVED AND ADOPTED this 27th day of January, 1998. ATTEST: Barb a . Riley ayor ')71 Vet,x,e,te Judith E. McDonnell, City Clerk ,^ I HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of the City of Downey at a regular meeting held on the 27th day of January, 1998, by the following vote, to wit: AYES: 5 Council Members: McCarthy, McCaughan, Lawrence, Brazelton, Riley NOES: 0 Council Members: None ABSENT: 0 Council Members: None Judith E. McDonnell, City Clerk HACCLERKASCONTE\ELECT ION RESOS\CALRESOI.WPD it