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HomeMy WebLinkAboutResolution 64-96 RESOLUTION NO. 64-96 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 1996 FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES AND FOR THE SUBMISSION TO THE VOTERS A QUESTION RELATING TO RATIFICATION OF THE TRANSIENT OCCUPANCY TAX (TOT) ADJUSTMENT OF 1992 WHEREAS, under the provisions of the laws relating to general law cities in the State of California, a General Municipal Election shall be held on November 5, 1996, for the election of Municipal Officers; WHEREAS, the City Council also desires to submit to the voters at the election a question relating to ratification of the Transient Occupancy Tax (TOT) adjustment of 1992; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1 . That pursuant to the requirements of the laws of the State of California relating to General law Cities, there is called and ordered to be held in the City of Atascadero, California, on Tuesday, November 5, 1996, a General Municipal Election for the purpose of electing three members to the City Council for the full term of four years. SECTION 2. That the City Council, pursuant to its right and authority, does order submitted to the voters at the General Municipal Election the following question: Shall the adjustments made to the Transient Yes Occupancy Tax (TOT) by Ordinance No. 257 adopted on October 13, 1992 be ratified and No approved? The proposed measure to be submitted to the voters is attached as Exhibit "A". SECTION 3. Pursuant to Sections 9220 and 9285 of the Elections Code of the State of California, when the City Clerk has selected the arguments for and against the measure which will be printed and distributed to the voters, the City Clerk shall send copies of the argument in favor of the measure to the authors of the argument against, and copies of the argument against to the authors of the argument in favor. The authors may prepare and submit rebuttal arguments not exceeding 250 words. Resolution No. 64-96 Page Two The rebuttal arguments shall be filed with the City Clerk not more than 10 days after the final date for filing direct arguments. Rebuttal arguments shall be printed in the same manner as the direct arguments. Each rebuttal argument shall immediately follow the direct argument which it seeks to rebut. SECTION 4. That the City Council directs the City Clerk to transmit a copy of the measure to the City Attorney, who shall prepare an impartial analysis of the measure showing the effect of the measure on the existing law and the operation of the measure. The impartial analysis shall be filed by the date set by the City Clerk for the filing of primary arguments. SECTION 5. That the ballots to be used at the election shall be in form and content as required by law. SECTION 6. 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 7. That the polls for the 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 p.m. of the same day when the polls shall be closed except as provided in Section 14401 of the Elections Code of the State of California. SECTION 8. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections. SECTION 9. 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, time, form and manner as required by law. SECTION 10. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. On motion by Councilperson Luna and seconded by Councilperson Bewley , the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: Councilmembers Bewley, Carden, Johnson, Luna and Mayor Highland NOES: None None ABSENT: Resolution No. 64-96 Page Three ADOPTED: July 9, 1996 ATTEST: J CITY OF ATASCADERO By: LE RCE, City Clerk RAY JOHqbOq, Mayor ProTern APPROVED AS TO FORM: ART ER R. MON NDO , City Attorney Resolution No. 64-96 Exhibit "A" FULL TEXT OF MEASURE City of Atascadero INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS The People of the City of Atascadero do ordain as follows: Section 1 . The adjustments made to the Transient Occupancy Tax (TOT) by Ordinance No. 257 adopted on October 13, 1992, are hereby ratified and approved.