HomeMy WebLinkAbout2002-049 - Pro Rata Share of the Cost of Inclusion of the StatementRESOLUTION NO. 2002-049
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA ESTABLISHING A SYSTEM FOR
CANDIDATES WHOSE STATEMENTS ARE SUBMITTED
TO THE ELECTORATE IN THE 2002 GENERAL
ELECTION TO PAY THE PRO RATA SHARE OF THE
COST OF INCLUSION OF THE STATEMENT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines
and declares as follows:
That Section 13307(c) of the Elections Code of the State of California
authorizes the governing body of any local agency to require each
candidate filing a statement to pay in advance to the local agency his or
her estimated pre rata share as a condition of having his or her statement
included in the voter's pamphlet.
That prior to the period in which candidate statements may be filed, the
Clerk of the Council shall estimate the total cost of printing, handling,
translating, and mailing the candidates' statements and shall determine
the pro rata share of each candidate filing a statement based upon such
estimate. The payment in advance by each such candidate of his or her
pro rated share shall be a condition of having his or her statement
included in the voter's pamphlet.
That prior to the period in which candidates' statements may be filed, the
Clerk of the Council shall determine a reasonable deadline date for the
payment of such pro rata share amount as necessary for timely
preparation of the voter's pamphlet, and shall inform each candidate of the
requirement to make such payment prior to such date at the time of filing
of the statement.
That the Clerk of the Council's receipt for the payment shall include a
written notice that the estimate is just an approximation of the actual cost
that varies from one election to another election and may be significantly
more or less than the estimate, depending on the actual number of
candidates filing statements. Accordingly, the Clerk of the Council shall
not be bound by the estimate and may, on a pro rata basis, bill the
candidate for additional actual expense or refund any excess paid
depending on the final actual cost. In the event of underpayment, the
Clerk of the Council may require the candidate to pay the balance of the
Resolution No. 2002-049
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cost incurred. In the event of overpayment, the Clerk of the Council shall
prorate the excess amount among the candidates and refund the excess
amount paid within 30 days of the election.
That the Clerk of the Council shall provide each candidate or the
candidate's representative a copy of this resolution at the time when
nominating petitions are issued by the Clerk.
Section 3. This Resolution shall take effect immediately upon its adoption by
the City Council, and the Clerk of the Council shall attest to and certify the vote adopting
this Resolution.
ADOPTED this 17th day of June., 2002,
Mi-gGel A. Puliac; ~ X
Mayor
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By: .~
Mi(~hael Vigliotta [
Deputy City Attorney
AYES:
NOES:
ABSTAIN:
NOT PRESENT:
Councilmembers:
Councilmembers:
Councilmembers:
Councilmembers:
Bist. Chdstv. Franklin, McGuigan, Solorio (5)
None (0)
None (0)
AIvarez, Pulido (2)
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the
attached Resolution No. 2002-049 to be the original resolution adopted by/the City
Council of the City of Santa Ana on June 17, 2002. /
Date:
Clerk of the Council ,/)
City of Santa Ana
Resolution No. 2002-049
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