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ESO U IOU .367 3. This City Council hereby finds that fewer than 12 persons have been registered to vote within the territory of the District for each of the ninety (90) days preceding the close of the public hearings heretofore conducted and concluded by this City Council for the purposes of these proceedings. Accordingly, and pursuant to Section 20-33 of the Act, this City Council finds that for purposes of these proceedings the qualified electors are the landowners within the District and that the vote shall be by said landowners or their authorized representatives, each having one vote for each acre or portion thereof such landowner owns in the District as of the close of said public hearings. 4. This City Council hereby calls a special election to consider the measures described in paragraph 2 above, which election shall be held in the City Clerk's office on May 31, 1991. The City Clerk is hereby designated as the official to conduct said election. It is hereby acknowledged that the City Clerk has on file the Resolution of Formation, a certified map of the proposed boundaries of the District, and a sufficient description to allow the City Clerk to determine the boundaries of the District. The voted ballots shall be returned to the City Clerk on or prior to 5:00 p.m. on May 31, 1991, at which time the election shall be closed. 5. Pursuant to Section 20-34 of the Act, the election shall be conducted by mail ballot pursuant to Section 1340 of the California Elections Code. This City Council hereby finds that paragraphs (a), (b), (c) (1) and (c)(3) of said Section 1340 are applicable to this special election. The City Attorney shall cause to be prepared an impartial analysis of the ballot measures, and the City Clerk shall cause to be prepared and published a notice of time limit to submit ballot arguments in the form of Exhibit B hereto, and the City Clerk shall cause the impartial analysis and any ballot arguments to be submitted to the qualified electors of the District. 6. This City Council hereby directs that the City Clerk cause to be delivered to each of the qualified electors of the District a ballot in the form set forth in Exhibit A hereto. Each ballot indicates the number of votes to be voted by the respective landowner to which it pertains. Each ballot was accompanied by all supplies and written instructions necessary for the use and return of the ballot. The envelope to be used to return the ballot was enclosed with the ballot, had the return postage prepaid, and contained the following: (a) the name and address of the landowner, (b) a declaration, under penalty of perjury, stating that the voter is the owner of record or authorized representative of the landowner entitled to vote and is the person whose name appears on the envelope, (c) the printed name, signature and address of the voter, (d) the date of signing and place of execution of the declaration described in clause (b) above, and (e) a notice that the envelope contains an official ballot and is to be opened only by the canvassing beard. 7. The City Clerk shall accept the ballots of the qualified electors in her office at any time on or prior to 5:00 p.m. on May 31, 1991, whether said ballots be personally delivered or received by mail. The City Clerk shall have available at said location ballots which may be marked on or prior to the election day by said qualified electors. 8. The City Clerk is hereby directed to publish in a newspaper of general circulation circulating within the area of the District a copy of this Resolution and a copy of the Resolution to Incur Indebtedness, as soon as practicable after the date of adoption of this Resolution. -2-