Ordinance 401
o R DIN A N C ~ NO.
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CALLING A SPECIAL ELECTION IN THE CITY OF GILROY, COUNTY OF
SANTA CLARA, STATE OF CALIFORNIA, FOR THE PURPOSE OF SUBMITTING
TO THE QUALIFIED VOTERS OF SAID CITY A PROPOSITION TO INCUR A
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BONDED INDEBTEDNESS FOR THE ACQUISITION, CONSTRUCTION AND
COMPLETION OF A ~~IN CAST IRON PIPE LINE TO REPLACE THE PRESENT
STEEL PIPE LINE CONVEYING WATER TO THE CITY OF GILROY, THE COST
OF WHICH WILL BE TOO GREAT TO BE PAID OUT OF THE ORDINARY
ANNUAL REVENUE AND INCOME OF SAID CITY; DECLARING THE ESTIMATED
COST OF SAID 1mNICIPAL IMPROVEMENT, THE AMOUNT OF THE PRINCIPAL
OF SAID INDEBTEDNESS TO BE INCURRED THEREFOR AND THE RATE OF
INTEREST.TO BE PAID THEREON; FIXING THE DATE OF SAID ELECTION
AND THE MANNER OF HOLDING THE SAME; SAID BONDS TO BE KNOWN AS
"WATER MAIN REPLACEMENT BOND".
BE IT ORDAINED by the Oommon Council of' the City of Gilroy,
a -municipal corporatiori" a.s follows::
SECTION 1. Tha.t a special election in and for the City of'
Gilroy, County of Santa Clara, State of California, be, and the
sa.me is hereby called to be held in said City of Gilroy on the
7th day of May, A.D. 1934" for the purpose of' submitting" and
at which election there will be submitted to the qualified voters
of said City of Gilroy, the proposition of incurring a municipal
indebtedness of $29,000.00, and of issuing the bonds of said City
in said amount ror the object and purposes of raising money to
be expended in the acquisition, construction and completion of
a main cast iron pipe line to replace the present main steel
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pipe line conveying water to the City of Gilroy.
SECTION 2. That the estimated cost of the acquisition,
construction and completion of said municipal improvement is,
and will be $37,000.00.
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SECTION 3. That the public interest and necessity of the
City of' Gilroy demand the acquisition, construction and comple-
tion of said municipal improvement mentioned in Section 1 of
this ordinance, and that the cost of said municipal ~mprovement
is, and will be, too great to be paid out of the ordinary annual
income and revenue of said City of Giiroy, and that it is
necessary to incur a municipal indebtedness for said improvement,
and to issue bonds of said City to secure funds for the payment
thereof. That said indebtedness shall be incurred and said bonds
issued under and pursuant to and subject to the terms and provi-
sions of an Act of the Legislature of the sta~ of California,
entitled "An Act authorizing the incurring of indebtedness by
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cities, towns, and municipal corporations for ~unicipal improve-
ments, and regulating the acquisition, construction, or' com-
pletion thereof." which became a law under constitutional
provision without Governorts.approva1 February 25,1901. (Stats.
1901, page 27).
SECTION 4. That the total amount of the principal of the
indebtedness proposed to be incurred for the acquisition,
construction and completion of said municipal improvement is
$29,000.00, and that the rate of interest to be paid on such
indebtedness shall be four (4) per centum per annum, payable
semi-annually.
SECTION 5. That the total amount of said indebtedness of
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$29,000.00, proposed to be incurred, added to all unpaid and out-
standing bonded indebtedness of said City of Gilroy, does not
and will not exceed fifteen per centum of the assessed value of
all of the taxable real estate and personal property in said
City.
SECTION 6. That the proposition herein contained and pro-
vided to be submitted at such election, and no proposition or
propositions for incurring municipal indebtedness similar to, or
in any mannep the same as, the proposition herein contained h~s
been submitted to the qualified electors of said City, or voted
upon, or failed to receive the requisite two-thirds vote of the
qualified voters voting in any election held within one year
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from the date of the passage of this ordinance.
SECTION 7. That the said Common Council does hereby sub-
mit to the qualified electors of said City of Gilroy at said
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special election the said proposition set forth in Section 1
of this ordinance and designates and refers to said proposition
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in the form of ballot hereinbefore prescribed for use at said
election. That, if the proposition of incurring a municipal
indebtedness for the acquisition, construction and completion
of the municipal improvement set forth and described in
Section 1 hereof, be approved by the qualified voters of said
City, by the affirmative votes of two-thirds or more of all the
qualified voters voting at such election, then bonds of the
City of Gilroy shall be issued and sold for the purpose of pay-
ing the cost of making said municipal improvement.
SECTION 8. That said bonds so to be issued shall be of
the character known as serials, and shall be payable in such
funds a& are, on the respective dates of payment of the princi-
pal thereof and interest thereon, legal tender for debts due the
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United States of America, in the manner following, to wit:
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One Thousand ($l,OOO.OO) Dollars of the principal of said
indebtedness shall be paid each and every year for the years
1935 to 1945 inclusive; Two Thousand ($2,000.00) Dollars of the
principal of said indebtedness shall be paid each and every
year for the years 1946 to 1954 inclusive; together with in-
terest on all unpaid sums, at the rate of four (4) per centum
per annum, payable semi-annually until the entire amount of
said principal sum shall have been fully paid, and the amount
of the annual tax levied for the payment of the bonds, principal
and interest shall be sufficient in amount to pay said sums on
the principal indebtedness, plus the interest, at the rate of
four (4) per centum per annum on all unpaid amounts, said tax
to be levied and collected, as provided by law.
Said bonds shall be issued in such denominations as the
Common Council of the City of Gilroy may hereafter determine,
but no bond shall be of less denomination than $100, nor of a
greater denomination then $1,000. Said bonds shall be issued
and sold by the Common Council of said City of Gilroy as said
Common Council shall determine, but not for less than their par
value, in such funds as are, on the respective dates of payment
of the principal thereof and interest thereon, legal tender for
debts due the United States of America, and the proceeds of such
sale shall be placed in the municipal Treasury to the credit of
a fund to be known as "WATER MAIN REPLACEMENT BOND FUND," and
shall be applied exclusively to the purpose and object mentioned
in this ordinance.
SECTION 9. For the purpose of said special election
Gilroy Precinct No.1, Gilroy Precinct No.2, Gilroy Precinct
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No.3, Gilroy Precinct NO.4, and Gilroy Precinct No.5, as
established by the Board of Supervisors of the County of Santa
Clara, are hereby consolidated, and there shall be one election
precinct within the City of Gilroy for the purpose of holding
said special election, which shall be and the same is hereby
designated as "Gilroy Election Precinct No.1" and the boundaries
thereof shall be the boundaries of the City of Gilroy, and
which precinct is hereby established.
The officers to conduct said election are hereby appointed
and designated as follows:
Inspector (1)
Judges (2:)
Clerks (2)
The polling place for such election shall be at the City
Hall at the northeast corner of Monterey Street and Sixth Street
in said City of Gilroy.
The City Clerk iB hereby directed to provide all supplies
that may be necessary to properly and lawfully conduct said
special election.
When the polls are closed the officers of the election
shall count the ballots cast at such special election and canvas
the votes cast respectively for and against the proposition
herein stated, and make return thereof to the Mayor and Common
Council of the City of Gilroy, in the time, form and manner
required for the counting, canvassing and returning of votes
cast at other municipal elections in the City of Gilroy.
SECTION lO. The polls will be opened and the election
held in said polling places herein designated in said City of
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Gilroy, on the said 7th day of May, 19~4, and the polls will
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be opened in said polling place from ~ o'clock A.M. of said
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day unti1/\~ o'clock P.M. of said day, when the polls will be
closed. That said special election is hereby called and notice
thereof shall be given and the same shall be held and conducted,
and the votes thereat canvassed, and the returns thereof made
and the result thereof ascertained and determined as herein
provided;. and that in all particulars not prescribed by this
l" said election shall be held as provided by law for
ordinance
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holding municipal elections in said City of Gilroy.
SECTION 11. That said election and the voting thereat
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shall be by ba110ttl and the ballots therefor shall be prepared,
printed and furnished and distributed as required by law. Each
ballot used at said election must have printed thereon, in
addition to any other matter required by law, the following:
"MUNICIPAL TICKET, SPECIAL BOND
ELECTION1 CITY OF GILROY,"
May 7th, 1934
INSTRUCTIONS TO VOTERS:
1;.,
To vote for or against the following proposition stamp a
cross (x) in the voting square immediately to the right of the
word "Yes" or the word "No" opposite said proposition.
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In voting use only the rubber stamp furnished by the
election officers. All marks except the cross (x) are forbidden.
All distinguiShing 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 get another.
PROPOSITION
"Shall the City of Gilroy incur a bonded indebtedness of
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$29,000.00 for the acquisition, construction
and completion of a main cast iron pipe line to
replace the present main steel pipe line convey-
ing water to the City of Gilroy?"
Yes
No
It shall not be necessary to mail sample ballots to the
electors of the City of Gilroy prior to the date of said
election.
SECTION 12. Any qualified elector may vote at said
election in favor of or against said proposition submitted there-
at, by stamping a cross (x) with the rubber stamp on his ballot
in the appropriate square designated in Section 11 of this
ordinance, and all ballots so stamped with a cross ex) in the
voting square to the right of the Word "Yes" opposite said
proposition shall be Counted in favor of incurring the bonded
indebtedness mentioned in sueh proposition, and all ballots so
stamped with a cross (x) to the right or the word "No" opposite
said proposition shall be counted against the incurring or the
bonded indebtedness mentioned in such proposition.
SECTION 13. The City Clerk of the City of Gilroy is
hereby authorized and directed to cause this ordinance to be
pUblished in the Gilroy DispatCh, (a newspaper or general circu-
lation printed and published in said City or Gilroy at least
six days a week) which said publication shall be made and had in
said newspaper once a day ror at least seven days. No other
notice of said election need be given.
SECTION 14. This ordinance shall take errect and be in
force immediately after its adoption.
Adopted this 2nd day or April, A. D. 1934, by the rollowing
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vote:
AYES. Councilmen _ fj/JJ~ 2 ~\ ~. C ~,
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NOES: Counciimen - I ( ~~
ABSENT: Counci1men-
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Approved:
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.' Mayor.
Attest:
(Seal of the City of Gilroy)
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