Reso 2022-160 Calling the Election CFD

Home

generally, and that the Waiver, Consent and Appointment constitutes a full and knowing waiver, by any qualified elector who has executed the form, of those rights, procedures and time periods. SECTION 5. The City Council further finds and determines that each owner of land within the CFD, or an authorized representative of each owner of land within the CFD, has filed with the City Clerk a properly executed Waiver, Consent and Appointment. Accordingly, the City Council is establishing the procedures and time periods for this special mailed -ballot election without regard to statutory schedules. SECTION 6. As authorized by sections 53325.7, 53326, and 53351 of the Act, the City Council hereby calls (1) a special mailed -ballot election to be held within the boundaries of the CFD on the date hereof, for the purpose of submitting to the qualified electors of the CFD the propositions to levy a special tax within the CFD, to establish the appropriations limit for the CFD, and to incur indebtedness for the CFD. As authorized by section 53326 of the Act, each election shall be conducted by mailed -ballot but personal service of the ballots to authorized representatives of each landowner within the CFD, is permitted as set forth in the Waiver, Consent and Appointment form on file with the City Clerk. The City Clerk is directed to either mail or make personal service of the ballots to each landowner or, if one has been appointed pursuant to a Waiver, Consent and Appointment, to the landowner's authorized representative. SECTION 7. As authorized by section 53353.5 of the Act, the propositions to levy a special tax, to establish the appropriations limit, and to incur indebtedness for the CFD will be combined into a single ballot measure. The form of the single ballot measure to be submitted to the qualified electors is as set forth in the form attached to this resolution as Exhibit A. SECTION 8. Under the Act and Elections Code sections 307 and 320, the City Clerk is hereby designated as the official to conduct the special mailed -ballot election in accordance with the following procedures: (a) The special election shall be held and conducted, the votes canvassed and the returns made, and the results determined, as provided in this resolution; and in all particulars not prescribed by this resolution, the special election shall be held and conducted and the votes received and canvassed, in the manner provided by law for the holding of special elections consistent with the Act. (b) All landowners owning property in the CFD, including owners of land in which there are leasehold or possessory interests subject to the Special Tax, as of the close of the Public Hearing, shall be qualified to vote upon the proposition to be submitted at the special election. (c) Each special election shall be conducted as a mailed -ballot election, in accordance with the provisions of the Act and the prior proceedings of the City Council taken under the Act, and there shall be no polling places for the special election. All ballots shall be delivered or mailed by the City Clerk to the landowners, and all voted ballots are required to be received by the City Clerk not later than 6:30 p.m. on September 6, 2022 in RESOLUTION NO. 2022-160 3