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R 1237 .' ~" - " ~ . -- . -. RESOI.'trrr6t.f NO:.i 1217 .....- -"..-- A RESOLUTION OF THE CITY OF ARROYO GRANDE, CALIFORNIA, ORDERING, CALLING, PROVIDING FOR AND GIVING NOTICE OF A SPECIAL MUNICIPAL ELECTION TO BE HELD I N SA I D CI T'f-Ai'1L W'_I, .~7$j}SF.t't'HE CPiJR...)t& ..-mtlGCS,Jl.";/j QUALlFIEO VGttRftW'!iAllft.ltV.'1\N AIlltMMIR"'TO ~AMe~~1\IIJI1N 1IIMft.1..,' CODE CONCERH1~ GARBAGE ')\/ff}, REF'.tJSE TO PROVI:DE FOOl I'IINDfiOltYmARMG2:iCQ\t#TION; THE GRANT! NS OFA'GAiUJAC1E SIiRVI CEfRA'NCIlI SEANIJC~HEc:n<* Of\'$EQt(!~NCtIAA(IES BY THE CITY -'AND f;oR'~IUrsgaIH'S510HTO THE''QtMUElfiI UetI8U<::Df:$A11t CITY AN ORD I NANCE RQAT~rw~ft()NRt&JGIfffA t:a:'tIIBUTIR\"! 1RIIDERE1BE8'fc!Dlt,,QRqKcNlD FA I R OAKS Afl!IItr{'IAAO~~Fl11(.A[;'~,,~'rol~"11'!'~1.DIIGISGr;IIIIA'NIG .......nECFtGIt J WITH THE STMt-"II>t)~'.f .. t....'1IG IVtIlCtC8tl .. D.. ~~ ,I"PEI'T .., (.a;~>!i'RJl..L ELEC'l"!Ot:' -"X' BE '~i.~LD ON Sl\.lD 1~"TE. ---_..,--- WHEREAS, the legislative body of the City of Arroyo Grande desires to submit to the qualified voters of said City, a proposed Ordinance, relating to mandatory garbage collection; and WHEREAS, the Ci ty Counci 1 0 f the ci ty 0 f Arroyo Grande is thereupon authorized and directed by statute to sub- mit the ordinance to the qualified voters; and WHEREAS , the City Council of the Ci ty of Arroyo Grande did on the 22nd day of June, 1976, duly adopt Ordinance No. 139 C.S. providing for the rezoning of certain property in the City of Arroyo Grande; and WHEREAS, the said Ordinance was duly published as required by law; and WHEREAS, pursuant to authority provided by statute, a petition has been filed with the legislative body of the City of Arroyo Grande, signed by more than ten (10) percent of the number of qualified registered voters of the City of Arroyo Grande protesting against the adoption of said Ordinance here- inabove referred to; and WHEREAS, the city Clerk of the City of Arroyo Grande has duly examined, and from the records of registration, ascer- tained that the petition is signed by the requisite number of voters, and has so certified; and -1- .. . ---- . " - i -- WHEREAS, the Ci ty Odjunor:i;byof.~t:heaai ty of Arroyo Grande has not voted in favor of the repeal of the Ordinance; and WHEREAS , the city Council of the city of Arroyo Grande is thereupon authorized and directed by statute to sub- mit the ordinance to the qualified voters; NOW, THEREFORE, the city Council of Arroyo Grande does hereby resolve, declare, determine and order as follows: SECTION l. 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 an Ordinance hereinafter set forth relating to mandatory garbage collection, and an Ordinance hereinafter set forth relating to the matter of rezoning certain real property from R-A-B-3 to R-l zone. SECTION 2. The proposed Ordinances submitted to the voters shall be as follows: A. SHALL Ati\ORD I tWmLIR!'.\1IJT OODIQ!l36BAllURftA!JJlmlGGH'CIO~'IISiR$HE . GRANTING OF A GAR8AGE FRANCHISE A~ C'bLLECTION OF SERVICE CHARGES BY THE CITY.. BEGAOOW<D? COLLECTION BE ADOPTED? B. SHALL ORJDJ NANIIDfJ<lU lGlWTJiIlllimA1Jfil1i.G JB9RRZDS L~G ZiBlVIDN4' 'lm: TERRITORY BORDERED BY THE CREEK ASO FAtR ~AKSAV~NUE (MIYAK E PROPE!N1Yl\lRroMP:/ro-MP.Il3r TO! 're.-l'; IBEAAm1OE'IJtD? '. SECTION 3. 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 14436 of the Elections Code of the State of Cali fornia. SECTION 4. That on the ballots to be used at said special election, in addition to any other matters required by law, there shall be printed substantially the following: -2- .- . - ~ - ~.. "" . , I I SHALL AN OROINANCE RELATING TO I : MANDATORY"G~GtTl't!'\W~d'f1M;r~ : : . GRANTING OF A GARBAGE FRANCHISE ANO YES I : cfj1U1N'jij~'J6~q'~dill~RCC~W1'IiE : : I CITY BE ADOPTED? ____________ I 'rICIN BE ADOP/ED? I, I I 'NO I I r I I I I I I I I SiRNM>J@RO~~ IJJs:9- C:j.g~ ~l~i'#IG' I I I TO REZONING CERTAIN TERRITORY 'YES I I I B(j\?i~ IWfJfH~ AmPr~fW'~AKS I I I I AVENUE (M I YAKE PROPERTY) FROM I I I I I ~OMlt":;'J -m;: "1.DPP'jjj;~OPTED? I I I I J 'NO' I . I I I SECTION 5. That a cross (+) placed in the voting square after the word "YES" in the manner hereinbefore provided shall be counted in favor of the adoption of the proposition. A cross (+) piha4:!ed in the voting ~quare after the word "NO" in the manner hereinbefore provided shall be counted against the adoption of the proposition. SECTION 6. 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, pOll- ingfplaces 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 Su~visors of San Luis Obispo county is hereby requested to order the consoli- dation of the special municipal election hereby called with said statewi~e general election, and said Board of Supervisors 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 ~sed at said general election, -3- ------------ -~----_.- " I ~ ~ I ! . . . . .' - shall be used. Said Board of Supervisors shall certify the results of the canvass of the returns of said special municipal election to the city Council of said city which shall there- after 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 descrip- tion of the measure, as provided in Section 10231 of the Elec- tions Code. SECTION 7. That notice of the time and place of holding said election is hereby given and the~~ity Clerk is hereby authorized, instructed and directed to give such further or additional notice of said election in time, form and manner as requ:ir ed by law. SECTION 8. That the city Clerk of the said City 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. On motion of Councilman Spierling, seconded by Councilman Gallagher and on the following roll call vote, to wit: AYES: Councilmen Spierling, Gallagher, Schlegel, Millis and Mayor de Leon NOES: None ABSENT: None 'he fo,",ol" 1\o,0'""O'~' pmod ,"d3?~:": 0:;;;.[197: ~ MAYOR ATTEST: .~2.dLfP~ CITY CLERK I, Ines A. del Campo, City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify that the foregoing Resolution No. 1237 is a true, full and correct copy of said Resolution passed and adopted by the City Council of the City of Arroyo Grande at a regular meeting of said Counci I held on the 10th day of August, 1976. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 11th day of August, 1976. -~;;r.cM &-#l) City C erk of the City of Arroyo Grande (SEAL) L_ -,.'~-----"-~ ----..-..---..-