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HomeMy WebLinkAboutCity Council Resolution 766 RESOLUTION NO. RESOLUTION CALLING A SPECIAL ELECTION IN THE CITY OF SARATOGA FOR TIlE PURPOSE OF SUBMITTING TO THE ELECTORS OF SAD CITY A CERTAIN REZONING ORDINANCE UNDER REFERE~ PROCEEDINGS, FIXING THE DATE OF SAID ELECTIONs THE MANNER OF HOLDING THE SAME, AND REQUESTING ~OLIDATION OF SAID SPECIAL MUNICIPAL ELECTION WITH STATE OF CALIFORNIA DIRECT PRIMARY ELECTION TO BE I~LD ON JUNE 8, 1976 t~IEREAS, after divers public hearings held thereon before the PlanninE C~tssion and City Council of the City of Saratoga, said City Council did on the 4th day of February, 1976 pass and adopt Ordinance NS-3-ZC-75, which ordinance conditionally rezoned a certain 218 acres of real property in said City to an R1-40,000 PC (single family residential, planned community) zoning district, and WHEREAS, within thirty (30) days thereafter a petition signed by not less than 107. of the voters of the City according to the County Clerk's last official report of registration to the Secretary of State, was submitted to the City Clerk of the City of Saratoga, and thereafter on this day, the 17th day of March, 1976, and prior to the adoption of the within resolution, this Council has found and determined that said ordinance should not be repealed, either in whole or in part, and this Council has refused to repeal the same, and WHEREAS, by reason of the foregoing, and under and by virtue of Elections Code Section 4052 of the State of California and other applicable laws, this body is mandated to submit said ordinance to the voters of this City, NOW, THEREFORE, the City Council of the City of Saratoga hereby resolves as follows: Section 1: All the statements in the preamble to this resolutl~ereby referred to as findings of this body, and are incorporated herein by reference. Section 2: A special municipal election shall be and is hereby ordered and will be held in the City of Saratoga (hereinafter called City), on Tuesday, June 8, 1976, at which -1- election shall be submitted to the qualified electors of this City the following measure: MEAS~ A (PARKER RANCl{ REZONINC) Shall the !.ordinance condition- ally reclassifying a certain 218 acres of rea! property in the foothill area YES o~.. the. Cit of ~, r~atoga, ~n.ly PC (single f~il:y residential, planned _ ._ c~unity) z~in~ district class ill- " cation (~ich ordinance is knM as NS-3-ZC-75 and was approved by the City Council of the City of Sar~teEa on the 4th day of Febr~ry, 1976) NO be adopted? Section 3: Such special municipal election hereby called shall be and is"""hereby consolidated with all other special muni- cipal elections called by the City of Saratoga to be held on June 8, 1976, and it and all of them are hereby consolidated with the State of California direct primary election to be held in the City on June 8, 1976, all as required by and pursuant to law~ and the election precincts pollinE places and officers of election within the City for said special municipal election hereby called shall be the same as those selected and desiEnated by the Board of Supervisors of Santa Clara County for said primar7 election and set forth or to be set forth in the Notice of Election Officers and PollinE Places for said primary election published or to be published by the County Clerk of said County, as required by law, to which notice reference is hereby specifically made for a des iEnat ion of the precincts, polling places and election officers of the special municipal election hereby called. Only qualified voters of the City shall be permitted to vote at said special municipal election. The Board of Supervisors of the County of Santa b Clara is here y requested to order the consolidation of said special municipal election with said primary election to be held on Tuesday, June 8, 1976 insolaf as the City is concerned, and to further provide that within the territory affected by said order of consolidation, to-wit, the City, the election precincts, polling places and voting booths shall in every case -2- be the same, and there shall be only one set of election officers in each of said precincts. Said measure hereinabove set forth shall be set forth in each form of ballot to be used at said election insofar as the same is held within the City. Said Board of Supervisors is further requested to order the Registrar of Voters of the County to set forth on all sample ballots relatin to sai consolidated elections, to be mailed to the q electors of the City, said measure hereinabove set =, at least ten (10) days prior to the date of said election, to mail with said sample ballots to said electors printed co~i.es of Ordinance NS-3-ZC-75 hereinabove referred to in the edy of said measure, together with argu- ments (if any) relating to said measure, and' to provide absentee voter ballots for said primary election and said special munici- pal election consolidated therewith for use by qualified electors of the City who are entitled thereto, all in the manner provided by law. Section 4: Said Board of Supervisors of Santa Clara County is hereby further authorized to canvas, or cause to be canvassed, as provided by law, the returns of said special municipal election with respect to the votes cast on said measure and to certify such canvas of the votes cast for and against said measure to the Council. At the next regular meeting of the Council occurring after the returns of said special municipal election have been canvassed and the certification of the results thereof presented to the Council, or at a special meeting called thereafter for such purpose, the Council of the City of Saratoga shall cause to be spread upon its Minutes a statement of the results of said special municipal election as ascertained by said canvas. Section 5: The City Clerk of the City of Saratoga is hereby airacted to cause a synopsis of the measure to be voted on to be published once a week for two successive weeks in the Saratoga News, which is a newspaper of general circulation ub- lished in said City, pursuant to Elections Code Section 228~5 of the State of California. Section 6: The City Clerk of the City of Saratoga is hereby a!~h0r'ized and directed to certify to the due adoption of this resolution and to transmit a copy thereof so certified to the Board of Supervisors of Santa Clara County and to file a copy thereof so certified with the County Clerk of said County. The above and foregoing resolution was duly and regularly passed and adopted by the City Council of the City of Saratoga at a regular meeting tibereel held on the 17th day of March, 1976 by the following vote: AYES: Councilmen Bridges, Brig ham, Kra us, Corr & Matteo~ NOES: Nonw Non~ -3-