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election for members of the City Council, except in cases of emergency declared by unanimous vote of the City Council; and WHEREAS, on the basis of the foregoing, the City Council determines it is appropriate to place a measure regarding the City's utility users' tax before the voters at the November 4, 2008 general election; and WHEREAS, the San Leandro City Council is authorized by California Elections Code Section 9222 to place measures before the voters; and WHEREAS, it is desirable that the election be consolidated with the statewide election to beheld on the same date and that within the City, the precincts, polling places and election officers of the two elections be the same, and that the county election department of the County of Alameda canvass the returns of the General Election and that the election be held in all respects as if there were only one election. NOW, THEREFORE, the City Council of the City of San Leandro does RESOLVE as follows: Section 1. Placement of Measure on the Ballot. Pursuant to California Elections Code Section 9222, the City Council hereby resolves that the ballot for the November 4, 2008 election shall include a measure that, if approved, would lower the utility users' tax from six percent to five and seven tenths percent for telephone and cable users and maintain the utility users' tax at 6% for users of electrical energy and gas services in order to fund general services in the City. (a) Ballot Language The ballot language for the measure shall be as follows: UTILITY USER TAX REDUCTION AND FAIRNESS MEASURE. Shall an ordinance be adopted to reduce the yE5 City of San Leandro's existing utility users' tax from 6% to 5.7% on telecommunications and video (cable-like) services; ensure that users of current and future technologies be treated fairly; and preserve funding for general municipal services NO such as police, maintenance of and improvements to city streets and sidewalks and graffiti removal? Section 2. Proposed Ordinance. The ordinance authorizing the general tax to be approved by the voters pursuant to Section 1 is as set forth in Exhibit 1 hereto. The City Council hereby approves the submission of the ordinance to the voters of the City at the November 4, 2008 election.