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HomeMy WebLinkAbout19611 - RESOLUTIONS - 7/21/1999 RESOLUTION NO. 19611 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, CALLING AND GIVING NOTICE OF HOLDING OF A SPECIAL MUNICIPAL ELECTION TO CONSOLIDATED WITH THE GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 2, 1999 FOR THE SUBMISSION TO THE VOTERS OF A CHARTER AMENDMENT (CITIZEN PETITION INITIATIVE) RELATING TO THE WASTEWATER TREATMENT PLANT AND OPERATION THEREOF WHEREAS a regular General Municipal Election shall be held on Tuesday, November 2, 1999, for the election of a Mayor and two (2) members of the City Council; and WHEREAS an initiative petition proposing a charter amendment concerning the Wastewater Treatment Plant and operation thereof was submitted to the City Clerk on January 7, 1999; and WHEREAS, the City Council has determined to place said matter before the qualified voters of the City of Palm Springs; NOW THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs, as follows: Section 1. That there shall be and there is hereby ordered a special municipal election, to be consolidated with the general municipal election to be held November 2, 1999, for the purpose of submitting to the qualified electors of said City, the following measure, to wit: MEASURE Shall the citizen initiated charter amendment to prohibit leasing or selling the wastewater treatment plant to a private entity; to prohibit sewer fees and charges that exceed the cost of services, or are to pay administrative expenses of the city's general fund; and to prohibit borrowing by the city from the wastewater fund except for a declared emergency, be adopted? Section 2. That the proposed measure submitted to the voters is attached as Exhibit A. Section 3. That the City Clerk is hereby directed to transmit a copy of the measure set forth in Section 1 above to the City Attorney, who shall prepare an impartial analysis of the measure in accordance with Section 9280 of the California Elections Code. Section 4. That such measure shall be designated on the ballot by a letter printed on the left margin of the square containing a description of the measure, as provided by Section 13116 of said Elections Code. In the event the measure receives a greater number of YES votes than NO votes, the measure shall be deemed supported by the voters. In the event a measure receives a greater number of NO votes than YES votes, the measure shall be deemed unsupported by the voters. In the event both the measure set forth in Section 1 above, and the measure set forth in Section I of Resolution 19613 , receive a greater number of YES votes than NO votes, the measure receiving the greatest number of YES votes shall prevail. Section 5. The ballots to be used at said election shall be, both as to form and matter contained therein, such as may be required by law to be used thereat. H:\ussers\c-clk\election\resolution\chtrl-99.res 3 L Res. No. 19611 Page 2 Section 6. The City Clerk of said City is hereby authorized, instructed and directed to procure and furnish, through the Registrar of Voters for the County of Riverside of other resource as necessary, any and all official ballots, notices, printed material and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct said election. Section 7. The polls for said election shall be open at seven o'clock a.m. on 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 14401 of the Elections Code of the State of California. Section 8. In all particulars not recited in this Resolution, said election shall be held and conducted as provided by law for holding consolidated municipal elections in said City. Section 9. Notice of time and place of holding said election is hereby given and the City Clerk is hereby authorized, instructed and directed to give such further or additional notice of said election, in time, form and manner as required by law. Section 10. That the City Clerk shall reimburse said County, or other resource, for services performed when the work is completed and upon presentation to the City of a properly approved bill. Section 11. Pursuant to Section 10263 of the Elections Code of the State of California, the canvass of the General Municipal Election to be held in said City is hereby ordered to be made by the City Clerk, and the Registrar of Voters of said County. Section 12. The City Clerk of said City shall cause to be complete the canvass of said election and shall certify the results to the City Council on November 30, 1999. ADOPTED this 21stday of Jul , 1999. ' AYES: Members Barnes, Hodges, 0den, Reller-Spurgin and Mayor IKleindienst NOES: None ABSENT: None ATTEST: LM S CALIFORNIA By City Clerk ity Manage REVISED & APPROVED: .3C �-� Res. No. 19611 Page 3 MEASURE Shall the citizen initiated charter amendment to prohibit leasing or selling the wastewater treatment plant to a private entity; to prohibit sewer fees and charges that exceed the cost of services, or are to pay administrative expenses of the city's general fund; and to prohibit borrowing by the city from the wastewater fund except for a declared emergency,be adopted? EXHIBIT A Section 205. Article II of the Charter of the City of Palm Springs is added as follows: Section 205. Sewer Services and Waste Water Treatment Facilities. (a) Notwithstanding section 1000 of this Chapter or any other provision of law, the city shall not sell, lease or otherwise transfer ownership or any other possessory interest in the city's sewage works, including waste collection, treatment and disposal facilities to any entity other than an existing governmental agency that is itself governed by a body in which the majority of electors are voters of Palm Springs. (b) The City may not impose a fee or charge for sewer service, hook-up, permitting, transfer or any other service that exceed the cost of providing that service. (c) The city may not collect for its own general fund in-lieu taxes, fees or charges from the Department of Transportation, Wastewater Division for administration or any other purpose. (d) The city may not borrow funds held on reserve by the Department of Transportation, Wastewater Division for its use or the use of any other department or program of the city except in the case of a declared emergency pursuant to section 3 (c) of Article XIIIB of the California Constitution. (Text of Measure submitted by initiative petition,filed January 9, 1999) ...elections\resolutions\chrtr 1-99.exh �3C3