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Res20 15917
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Res20 15917
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Last modified
11/24/2020 9:02:27 AM
Creation date
11/24/2020 9:02:20 AM
Metadata
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Template:
CC Index
CC Index - Document Type
Resolution
Meeting Type
Joint
Agency Type
City Council and Successor Agency and Public Financing Authority
Date
11/23/2020
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11/23/2020 <br />Section 2. Qualified Electors. This City Council hereby finds that fewer than <br />12 persons have been registered to vote within the territory of the CFD for each of the <br />90 days preceding the close of the public hearings heretofore conducted and concluded <br />by this City Council for the purposes of these proceedings. Accordingly, and pursuant <br />to Section 53326 of the Act, this City Council finds that, for these proceedings, the <br />qualified electors are the landowners within the CFD and that the vote shall be by such <br />landowners or their authorized representatives, each having one vote for each acre or <br />portion thereof such landowner owns in the CFD as of the close of the public hearings. <br />Section 3. Conduct of Election. This City Council hereby calls a special <br />election to consider the measures described in section 1 above, which election shall be <br />held on November 23, 2020 and the results thereof canvassed at the meeting of this <br />City Council on November 23, 2020. The City Clerk is hereby designated as the official <br />to conduct the election and to receive all ballots until 5:00 p.m. on the election date. It is <br />hereby acknowledged that the City Clerk has on file the Resolution of Formation, a map <br />of the boundaries of the CFD, and a sufficient description to allow the City Clerk to <br />determine the qualified electors of the CFD. Pursuant to Section 53327 of the Act, the <br />election shall be conducted by messenger or mail -delivered ballot pursuant to Section <br />4000 et seq. of the California Elections Code. <br />Section 4. Ballot. As authorized by Section 53353.5 of the Act, the three <br />propositions described in section 1 above shall be combined into a single ballot <br />measure, the form of which is attached hereto as Exhibit "A" and by this reference <br />incorporated herein and the form of ballot is hereby approved. The City Clerk is hereby <br />authorized and directed to cause a ballot, in substantially the form of Exhibit "A," to be <br />delivered to each of the qualified electors of the CFD. Each ballot shall indicate the <br />number of votes to be voted by the respective landowner to which the ballot pertains. <br />Each ballot shall be accompanied by all supplies and written instructions necessary for <br />the use and return of the ballot. The envelope to be used to return the ballot shall be <br />enclosed with the ballot, have the return postage prepaid, and contain the following: (a) <br />the name and address of the landowner, (b) a declaration, under penalty of perjury, <br />stating that the voter is the owner of record or authorized representative of the <br />landowner entitled to vote and is the person whose name appears on the envelope, (c) <br />the printed name, signature and address of the voter, (d) the date of signing and place <br />of execution of the declaration pursuant to clause (b) above, and (e) a notice that the <br />envelope contains an official ballot and is to be opened only by the canvassing board of <br />the election. <br />Section 5. Waivers. This City Council hereby further finds that the provisions <br />of Section 53326 of the Act requiring a minimum of 90 days following the adoption of the <br />Resolution of Formation to elapse before the special election are for the protection of <br />the qualified electors of the CFD. There is on file with the City Clerk a written waiver <br />executed by all of the qualified electors of the CFD allowing for a shortening of the time <br />for the special election to expedite the process of formation of the CFD, the levy of <br />special taxes therein and incurrence of bonded indebtedness and other debt thereby <br />and waiving any requirement for notice, analysis and arguments in connection with the <br />ATTY/RESO.0133/CC RESO CALLING FOR SPECIAL ELECTION RWC CFD SEAPORT RESO. NO. 15917 <br />REV: 11-13-2020 MI MUFF NO. 506 <br />Page 2 of 6 <br />
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