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Ordinance 419 ~ ! .... . J'~' . . s;- \ .) . ) \ -' " "--.~.::. "" .'!!.. __"....,JI ORDINANCE NO. #-11 AN ORDINANCE CALLING A SPECIAL ELECTION IN THE CITY OF GILROY FOR THE PURPOSE OF SUB1ITTTING TO THE ELECTORS OF SAID CITY THE PROPOSITION OF INCURRING A BONDED INDEBTEDNESS OF SAID CITY FOR THE ACQUISITION, CONSTRUCTION AND COMPLETION OF THE FOLLOW- ING MUNICIPAL IMPROVEMENT, TO WIT: A MUNICIPAL AUDITORIUM, ASSENiliLY AND CONVENTION HALL, INCLUDING ALL LANDS, BUILDING, FURNITURE, FIXTURES AND EQUIPMENT NECESSARY FOR MUNICIPAL AUDITORIUM, ASS~ffiLY AND CONVENTION HALL PURPOSES; DECLARING THE ESTI~~TED COST OF SAID MUNICIPAL IMPRO\~MENT, THE AMOUNT OF THE PRINCIPAL OF SAID INDEBTEDNESS TO BE INCURRED THEREFOR, AND THE MAXIMUM RATE OF INTEREST TO BE PAID THEREON; FIXING THE DATE OF SAID ELECTION, THE W~NNER OF HOLDING THE SAME, ESTAB- LISHING ONE ELECTION PRECINCT AND POLLING PLACE FOR SAID ELEC- TION AND APPOINTING A BOARD OF ELECTION THEREFOR, AND PROVIDING FOR NOTICE THEREOF. WHEREAS the Common Council of the City of Gilroy by resolution passed and adopted at an adj ourned regular meeting of said Common Council on the 22nd day of September, 1936, by affirmative vote of more than two-thirds of all of its members, did determine that the public interest and necessity demand the acquisition, construction and completion of the municipal improve- ment hereinafter mentioned, and did further determine the cost of sa.id proposed municipal improvement will be too great to be paid out of the ordinary annual income and revenue of sa.id municipality, which resolution was duly entered on the minutes of said meeting of said Common Council, and is now on file and of record in the Clerk's office of said City; now therefore, ...1... 1rq , ., --- \ ~ I , '. (" / BE IT ORDAIlmD by the Common Council of the City of Gilroy, a municipal corporation, as follows: Section l. That a special municipal election be and is hereby ordered and will be held in said City of Gilroy on Tuesday, the 27th day of October, 1936, at which election shall be submitted to the qualified electors of said City the follow- ing proposition of incurring bonded indebtedness of said City, to wit: PROPOSITION.: Shall the City of Gilroy incur a. bonded indebtedness in the principal amount of 131,000 for the object and purpose of acquiring, constructing and complet- ing the following municipal improvement, to wit: A municipal auditorium, assembly and convention hall, including all lands, building, furniture, fixtures and equipment necessary for municipal auditorium, assembly and convention hall purposes? That the estimated cost of sa.id municipal improvement set forth in said proposition is the sum of $105~580, and the amount of the indebtedness proposed to be incurred for said municipal improvement is the Sunl of $3l,000. That it is con- templated that the difference between the estimated cost of said improvement and the maount of the principal of the indebtedness to be incurred, as above set forth, will be advanced by the United States of America or any department or agency thereof. That the City of Gilroy reserves the right, in ita discretion, to advance such additi6nal moneys from its General Fund, as may be available for that purpose, to the payment of any part of the cost of said improvement and in addition to moneys derived from the proceeds of the indebtedness to be incurred for that purpose. Section 2. That the said Common Council proposes to issue and sell bonds of said City of Gilroy in the said amount of $31,000 for the object and purpose specified in said proposition -2- .-._~ 7 set forth in Section I of this ordinance, if two-thirds of the qualified electors voting on such proposition at said special municipal election shall vote in favor of said proposition. Said bonds shall be negotiable in form and of the character kno~ as serial, and shall bear interest at a rate not exceeding four (4) per cent. per annum, payable semiannually. Section 3. That the said Common Council does hereby submit to the qualified electors of said City of Gilroy at said special municipal election the said proposition set forth in Section I of this ordinance, and designates and refers to said proposition in the form of ballot hereinafter prescribed for use at said election. Section 4. That the polls at the polling place herein- after designated shall be opened at six o'clock A.M. of said day of election and shall be kept open continuously thereafter until seven o'clock P.M. of said day of election, when the polls shall be closed (except as provided in Section 1164 of the Political Code), and the election officers shall thereupon proceed to can- vass the ballots cast thereat. Section 5. That said special election shall be held and conducted, and the votes thereof canvassed, and the returns thereof made, and the result thereof ascertained and determined as herein provided; and in all particulars not prescribed by this ordinance said election shall be held as provided by law for the holding of municipal elections in said City. The returns of said election shall be made out and signed by the election officers and shall be by them deposited with the City Clerk, together with the ballots cast at said election; and this Common Council shall meet at its usual meeting place and canvass -3- >. 7~ said,returns on Monday, the 2nd day of November, 1936, being the first Monday after said election, at the hour of t~ (g) o'clock, P.M.; and if upon such canvass it shall be found that at least two-thirds of the qualified electors of said City voting on said proposition at said election voted in favor of said proposition, then bonds of said City of Gilroy in the said amount specified in said proposition, to wit $31,000, will be issued and sold by said City for the purpose therein mentioned. Such bonds may be issued and sold by the Common Council as said Common Council shall determine, but for not less than their par value and accrued interest thereon to date of delivery. Section 6. For the conduct of said special election the entire Cityof Gilroy shall constitute one special election precinct, the boundaries of which shall be coterminous with the boundaries of said City. All of the general state and county election precincts into which said City is divided for general state and county election purposes are hereby consolidated into said consolidated special election precinct. The polling place therein and the election officers appointed to conduct said election thereat are as follows, to wit: SPECIAL MUNICIPAL BOND ELECTION CONSOIJDATED PRECINCT NO.I (consisting of a consolidation of precincts Nos.l,2,3,4 and 5 of the City of Gilroy, as now established of record by the Board of Supervisors of the County of Santa Clara, State of California, for general state and county election purposes.) Polling Place: City Hall, located at the northeast 'corner of Monterey Street and Sixth Street, in said City of Gilroy. Inspector: Judge: Judge: Clerk: Clerk: w. S. Moore George Gift Myrtle Heiner Ruby Zimmerman I. Chabot. -4- f Section 7. All persons qualified to vote at municipal elections in said City of Gilroy upon the date of the election herein provided for shall be qualified to vote upon the proposition submitted at said special election. Section 8. The ballots to be used at said special election shall have printed thereon the following: No. (This number to be torn off by the Inspector) : l~RK CROSSES (X) ON BALLOT ONLY : WITH RUBBER STAMP, NEVER WITH : PEN OR PENCIL.- No. (Fold ballot to this perforated line, leaving top margin exposed) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~ MUNICIPAL TICKET SPECIAL ~WNICIPAL BOND ELECTION CITY OF GILROY October 27, 1936 INSTRUCTIONS '1'0 VOTEHS: To vote on any. question,proposi tion or constitutional amendment, stamp a cross (X) in the voting square after the word "Yes" or after the word "NO." All marks except the cross (X) are forbidden. All dis- tinguishing marks or erasures are forbidden and make the ballot void. If you wrongly stamp, tear or deface this ballot, return it to the Inspector of Election and obtain another. PROPOSITION: Shall the City of Gilroy incur a bonded indebtedness in the principal amount of $3l,OOO for the object and purpose of acquiring, constructing and completing the following municipal improve- ment, to wit: A municipal auditorium, assembly and convention hall, incll.lding all lands, building, ~lrniture, fixtures and equipment necessary for municipal auditorium, assembly and convention hall purposes? YES -- NO Section 9. Each voter to vote for the said proposition hereby submitted and for incurring said bonded indebtedness set forth in said proposition shall stamp a cross (X) in the blank space oppo- site the word "YES" on the ballot to the right of said proposition, -5... ;.- , , r and to vote against said proposition and against incurring said indebtedness shall stamp a cross (X) in the blank space opposite the word "NOn on the ballot to the right of said proposition. A crOB. (X) stamped in the voting square on the ballot atter the word "YES" shall be counted as a vote in favor of said propo- sition, and to authorize the incurring of a bonded debt for the amount ot and for the purpose specified therein, and a cross (X) stamped in the voting square on the ballot atter the word nNO" shall be counted as a vote against said proposition, and a refusal to authorize the incurring of any bonded debt for the purpose specified therein. Section 10. This ordinance shall be published once a day for a t least seven (7) days in "The Gilroy Evening Dispatch", which is a newspaper published at least six (6) days a week in said City of Gilroy, and suCh publication shall constitute notice of said election. No other notice of the election hereby called need be given and no sample ballots or polling place cards need be mailed. Secti on 11. This ordinance shall be forthwi th entered upon the minutes of this Common Council and in the Ordinance Book of said City. This ordinance being an ordinance ordering and calling an election shall'take effect from and after its final passage and approval. PASSED AND ADOPTED the by the following vote: 13th day of October, 19;6, Ayes: Nat Heiner, Ben stew~rt, George C. Milias Jr. George M. Mason, Harry L. Wilkinson Noe s : None Absent: J. H. Rush -6. lOt . " '" c ~'\ r , ,- .. 'fit ~. , > . 10 The foregoing ordinance is presented to me for approval and is hereby approved this 13th day of October, 1936. ~ Attest: c:r City CI Mayor of -7-