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NS-2033
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Last modified
1/3/2012 1:03:28 PM
Creation date
6/26/2003 10:08:08 AM
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City Clerk
Doc Type
Ordinance
Doc #
NS-2033
Date
11/20/1989
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268 <br /> <br />days, following the adoption of the resolution of formation. The legislative body <br />shall provide the resolution of formation~ a certified map of sufficient scale and <br />clarity to show the boundaries of the district, and a sufficient description to allow <br />the election official to determine the boundaries of the district to the official <br />conducting the election after the adoption of the resolution of formation, if <br />requested by the offficial conducting the election. Assessor's parcel numbers for <br />the land witi~in the district shall be included if it is a landowner election or the <br />district does not conform to an existing district's boundaries, if requested by the <br />official conducting the election. If the election is to beheld less than 125 days <br />following the adoption o£ the resolution of formation and the election official is <br />other than the City Clerk. the concurrence of the election official conducting the <br />election shall be required, However, any time limit sPec/fled by this section or <br />requirement Pertaining to the conduct of the election may be waived with the <br />unanimous consent of the qualified electors ~qf the proposed district and the <br />concurrence of the election official conducting the election. In the event of such <br />unanimous waiver, the election official shall be the City Clerk. <br /> <br /> (b) Except as otherwise provided in subdivision (c), if at least 12 persons, <br />who need not necessarily be the same 12 persons, have been registered to vote <br />within the territory of the proposed community facilities district for each of the 90 <br />days preceding the date of the protest hearing, the vote shall be by the registered <br />voters of the proposed district, with each voter having one vote. Otherwme, the <br />vote shall be by the landowners of the proposed district and each landowner who <br />is the owner of record at the close of the protest hearing, or the authorized <br />representative thereof, shall have one vote for each acre or portion of an acre of <br />land that he or she owns within the proposed community facilities district. The <br />number of votes to be voted by a particular landowner shall be specified on the <br />ballot provided to that landowner. <br /> <br /> (c) If the proposed special tax will not be apportioned in any tax year on <br />any portion of property in the district in residential use in that tax year, as <br />determined by the legislative body, the legislative body may provide that the vote <br />shall be by the landowners of the proposed district whose property would be <br />subject to the tax if it were levied at the time of the election. Each of these <br />landowners shah have one vote for each acre, or portion thereof, that the <br />landowner owns within the proposed district which would be subject to the <br />proposed tax if it were levied at the time of the election. <br /> <br /> (d) Ballots for the special election authorized by subdivision (a) may be <br />distributed to qualified electors by mail with return postage prepaid or by personal <br />service by the election official. The election official may provide a certificate of the <br />proper mailing or delivery of ballots, which c~rtificate shall constitute conclusive <br />proof of mailing or delivery in the absence of fraud. The voted ballots shall be <br />returned to the election officer conducting the election not later than the time <br />specified in the resolution calling the election. However, if all the qualified voters <br />have voted, the election shall be closed. <br /> <br />-16- <br /> <br /> <br />
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