Ordinance Number 6564 1 405
ORDINANCE NO. 656
SAVE OPEN SPACE PROGRAM - CALLING ELECTION FOR APRIL 10, 1"
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ORDERING, CALLING, PROVIDING FOR AND
GIVING NOTICE OF A SPECIAL ELECTION TO BE HELD IN SAID
CITY ON APRIL 10, 1990, FOR THE PURPOSE OF SUBMITTING TO
THE QUALIFIED VOTERS OF SAID CITY A PROPOSITION TO
INCUR BONDED INDEBTEDNESS BY SAID CITY FOR A CERTAIN
MUNICIPAL IMPROVEMENT
WHEREAS, at a meeting held prior to the meeting at which this ordinance is
adopted, the City Council, by a vote of at least two-thirds of the members hereof,
adopted a resolution determining that the public interest and necessity demand the
acquisition of a certain municipal improvement, and making findings relating thereto.
NOW, THEREFORE, the City Council of the City of San Juan Capistrano
hereby does find, determine, resolve and order as follows:
SECTION 1.
That a special election be held and the same is hereby called to be held in said
City on April 10, 1990, for the purpose of submitting to the qualified voters of said City
the proposition hereinafter set forth of incurring indebtedness and issuing bonds of said
City therefore, in the principal amount stated in the ballot proposition hereinafter set
forth, and for the object and purpose set forth in said resolution and in said ballot
proposition.
SECTION 2.
That the estimated cost of the municipal improvement described in said ballot
proposition is the sum of $21,000,000. The estimated cost of said municipal improvement
includes the followings: (a) legal or other fees incidental to or connected with the
authorization, issuance and sale of the bonds, and (b) the costs of printing the bonds and
other costs and expenses incidental to and connected with the authorization , issuance
and sale of the bonds.
SECTION 3.
That the maximum rate of interest to be paid on said indebtedness shall not
exceed the maximum rate permitted by law, to wit, twelve percent (12%) per annum, the
actual rate or rates of interest on said bonds to be determined at or prior to the time of
the sale or sales thereof. Said interest shall be payable semiannually except that interest
for the first year may be made payable at the end of said year.
SECTION 4.
That the polls for said election shall open at 7:00 o'clock a.m. of the day of
said election and shall remain open continuously from said time until 8:00 o'clock p.m. of
the same day, when said polls shall be closed, except as provided in Section 1301 of the
Elections Code of the State of California.
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SECTION 5.
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:
MARK CROSS (+) ON BALLOT ONLY WITH RUBBER STAMP; NEVER WITH
PEN OR PENCIL.
ABSENTEE BALLOTS MAY BE MARKED WITH PEN AND INK OR PENCIL.
INSTRUCTIONS TO VOTERS
To vote on any measure, stamp a cross (+) in the voting square after the word
"YES" or after the word "NO". All marks except the cross (+) 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 obtain another.
On absent voter ballots, mark a cross (+) with pen or pencil.
Bond Proposition: Shall the City of San Juan Capistrano incur bonded
indebtedness in the principal amount of up to $21,000,000 to acquire lands for
park, agriculture, open space and related uses, in order to save these lands
from potential residential and commercial development and to develop youth,
senior and other community facilities, all in accordance with the City's "Save
Open Space" Program?
SECTION 6.
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 (+) placed in the voting square after the word "NO" in the manner hereinbefore
provided shall be counted against the adoption of the proposition.
SECTION 7.
That if the proposition for the incurring of bonded indebtedness so submitted
receives the requisite number of votes, to wit, two-thirds of the votes of the qualified
electors voting on said proposition, bonds of said City, in not exceeding the principal
amount stated in such proposition, may be issued and sold for the object and purpose set
forth in said proposition.
SECTION 8.
That the Board of Supervisors of Orange County is hereby requested to conduct
the special municipal election hereby called and the precincts, polling places and officers
of election for the special municipal election hereby called shall be provided by the
Registrar of Voters and placed on file with the City Clerk. The Board of Supervisors is
hereby authorized to canvass the returns of said special municipal election. 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 thereafter declare the
results thereof. A proposition submitted by this ordinance shall be designated on the
ballot by a letter printed on the left margin of the square containing the description of
the measure, as provided in Section 10219 of the Elections Code.
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SECTION 9.
That except as otherwise provided in this ordinance, the election called hereby
shall be conducted as provided by law for other municipal elections in said City.
SECTION 10.
That the City Clerk shall cause this ordinance to be published once a week for
two weeks in the Capistrano Valley News, a newspaper published less than six days a
week in the City. No other notice of such election need be given.
passage.
SECTION 11.
This Ordinance shall take effect and be in force thirty (30) days after its
SECTION 12.
The City Clerk shall certify to the adoption of this Ordinance and cause the
same to be published twice as required by law and posted at the duly designated posting
places within the City of San Juan Capistrano within fifteen (15) days after its passage.
PASSED, APPROVED, AND ADOPTED this 2nd day of January
1990.
ATTEST:
CITY CLER
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, MARY ANN HANOVER, City Clerk of. the City of San Juan Capistrano,
California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of
Ordinance No. 656 which was introduced at a meeting of the City Council of the City
of San Juan Capistrano, California, held on December 5, 1989, and adopted at a meeting
held on January 2, 1990, by the following vote:
AYES: Councilmen Schwartze, Friess, Buchheim, Bland and
Mayor liausdorfer
NOES: None
ABSENT: None
(SEAL)
MARY AN A OVER, CITY CLERK
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