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HomeMy WebLinkAbout2005-862-09.19.2005 This Resolution prepared by Nancy Eckert, City Clerk, 715 Mulberry Street, Waterloo, Iowa. RESOLUTION NO. 2005-862 RESOLUTION CALLING FOR BALLOT LANGUAGE TO BE INCLUDED AT THE NOVEMBER 8, 2005 CITY ELECTION. WHEREAS, the City of Waterloo, Iowa, proposes to establish a Municipally-Owned cable communications or television system, telephone or telecommunications system (including video, voice, telephone, data and all other forms of communications and cable communications) Utility and to provide the management and control of such utility shall be in the Board of Trustees of the Waterloo Municipal Utility consisting of five (5) trustees who serve as the Board of Trustees for the municipal cable and communications utility of the City of Waterloo; and WHEREAS, Section 388 . 2 of the City Code of Iowa, provides that before the Council of the City may establish such a Utility, it shall submit the proposal at the next regular city election to vote upon such proposition in accordance with the provisions of said statute; and WHEREAS, this Council on its own motion determines such an election should be held; and WHEREAS, no such proposal nor any other proposal incorporating any portion of it, has or will have been submitted to the electors of the City for a period of more than four years prior to the date of election hereinafter provided; and WHEREAS, "Waterloo/Cedar Falls Courier" is a legal newspaper, printed wholly in the English language, as defined by Section 618 . 3 of the Code of Iowa, and is published in said City and of general circulation therein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA: Section 1 . That there is a city election on Tuesday, November 8, 2005, at which election there shall be submitted to the qualified electors of said City the following questions, to-wit : Proposition A "Shall the City of Waterloo, in the County of Black Hawk, State of Iowa, be authorized to establish a Municipally-Owned cable communications or television system, telephone or telecommunications system (including video, voice, telephone, data and all other forms of communications and cable communications) Utility?" and Proposition B "Shall the management and control of the Municipally-Owned cable communications or television system, telephone or telecommunications system (including video, voice, telephone, data and all other forms of communications and cable communications) be placed in a Board of Trustees consisting of five (5) trustees?" Resolution No. 2005-862 Page 2 Section 2 . That the voting place or places for said election, and the hours the polls shall be opened and closed shall be as set out in the notice of election, said notice to be prepared and approved by the County Commissioner of Elections . Section 3 . That the form of ballot to be used at said election shall be as follows : (a) In those precincts using paper ballots they shall be printed of some color other than white, pursuant to the provisions of Section 49. 43 of the Code of Iowa; substantially in the form set forth in the Notice of Election, and (b) In those precincts using voting machines, if any, they shall be printed in black ink on clear, white material, of such size as will fit the ballot frame, and in as plain, clear type as the space will reasonably permit, pursuant to the provisions of Section 52 . 10 of the Code of Iowa, substantially in the form set forth in the Notice of Election. That said notice shall show the names of all candidates or nominees and the office each seeks, if any, and if more than one public measure shall be submitted to the electors at the time of said election, all such measures shall be printed upon one ballot. Section 4 . That the Election Board for the voting precinct or precincts shall be appointed by the County Commissioner of Elections, nor less than 15 days before the date of said election, a certified copy of which appointment shall be officially placed on file in the office of the Clerk of said City. Section 5 . That the Auditor of Black Hawk County, Iowa, being the County Commissioner of Elections, is hereby directed to publish the notice of election once in "Waterloo/Cedar Falls Courier" being a legal newspaper, printed wholly in the English language, as defined by Section 618 . 3 of the Code of Iowa, published in said City and of general circulation therein, said publication to be not less than four clear days nor more than twenty days prior to the date of said election. Section 6. That the County Commissioner of Elections, pursuant to Section 47 . 2, Code of Iowa, is requested to designate the Clerk of said City as a Deputy County Commissioner of Elections, if said Commissioner believes such designation will be in the best interests of said election, and said Clerk, if so designated, is hereby directed and authorized to assist the Commissioner in administering the election conducted by the Commissioner for said City. Section 7 . That the County Commissioner of Elections shall cause to be prepared all such ballots and elections registers and other supplies as may be necessary for the proper and legal conduct of said election and the Clerk is hereby authorized and directed to cooperate with said Commissioner of Elections and to do and prepare all necessary matters in order to make said election legal and valid. Tic v ;> = esolution No. 2005-862 Page 3 Section 8 . That the Clerk is hereby directed to file a -ce±tified copy of this resolution in the office of the County commissioner of Elections, which filing shall also constitute the __`written notice" to the County Commissioner of Elections of the ,election date required to be given by the governing body under the 3 provisions of Chapter 47 of the Code of Iowa. s 7 -7 = n PASSED AND ADOPTED this 19th day of September, 2005 . • ( s • ru /6.-1'sC Tim Hurley, May `4 ATTEST: Nancy Ecke , CMC pity Clerk CERTIFICATE 7-7-1 I, Nancy Eckert, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Resolution No. 2005-862, as passed and adopted by the Council of the City of Waterloo, Iowa, on the 19th day of September, 2005. Witness my hand and seal of office this 20th day of September, 2005. SEAL Nancy Eck t, CMC City Cler