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<br />18 <br /> <br />8 <br /> <br />8 <br /> <br />RESOLUTION NO. 2004-040 <br /> <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF <br />SANTA ANA ESTABLISHING A SYSTEM FOR <br />CANDIDATES WHOSE STATEMENTS ARE SUBMITTED <br />TO THE ELECTORATE IN THE 2004 GENERAL <br />ELECTION TO PAY THE PRO RATA SHARE OF THE <br />COST OF INCLUSION OF THE STATEMENT <br /> <br />BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS <br />FOLLOWS: <br /> <br />Section 1. The City Council of the City of Santa Ana hereby finds, determines <br />and declares as follows: <br /> <br />A. <br /> <br />Section 13307(c) of the Elections Code of the State of California <br />authorizes the governing body of any local agency to require each <br />candidate filing a statement to pay in advance to the local agency his or <br />her estimated pro rata share as a condition of having his or her statement <br />included in the voter's pamphlet. <br /> <br />B. <br /> <br />Prior to the period in which candidate statements may be filed, the Clerk of <br />the Council shall estimate the total cost of printing, handling, translating, <br />and mailing the candidates' statements and shall determine the pro rata <br />share of each candidate filing a statement based upon such estimate. The <br />payment in advance by each such candidate of his or her pro rated share <br />shall be a condition of having his or her statement included in the voter's <br />pamphlet. <br /> <br />Section 2. The City Council hereby approves the process whereby: <br /> <br />A. Prior to the period in which candidates' statements may be filed, the Clerk <br />of the Council shall determine a reasonable deadline date for the payment of <br />such pro rata share amount as necessary for timely preparation of the voter's <br />pamphlet, and shall inform each candidate of the requirement to make such <br />payment prior to such date at the time of filing of the statement. <br /> <br />B. The Clerk of the Council's receipt for the payment shall include a written <br />notice that the estimate is just an approximation of the actual cost that varies <br />from one election to another election and may be significantly more or less than <br />the estimate, depending on the actual number of candidates filing statements. <br />Accordingly, the Clerk of the Council shall not be bound by the estimate and <br />may, on a pro rata basis, bill the candidate for additional actual expense or <br />refund any excess paid depending on the final actual cost. In the event of <br />underpayment, the Clerk of the Council may require the candidate to pay the <br /> <br />Resolution No. 2004-- <br />Page 1 of 2 <br /> <br />50A-11 <br />