A. By ordinance, the Council shall submit the levy of any special taxes to the qualified electors of the proposed Community Taxing District in the next general election or in a special election to be held, notwithstanding any other requirement, including any requirement that elections be held on specified dates contained in the California Elections Code, not more than one hundred eighty days, following the adoption of the ordinance of formation. The Council shall provide the ordinance of formation, a certified map of sufficient scale and clarity to show the boundaries of the District, and a sufficient description to allow the City Clerk to determine the boundaries of the District after the adoption of the ordinance of formation, if requested by the City Clerk. Assessor’s parcel numbers for the land within the District shall be included if it is a landowner election or the District does not conform to an existing District’s boundaries, if requested by the City Clerk. Any time limit specified by this section or requirement pertaining to the conduct of the election may be waived with the unanimous consent of the qualified electors of the proposed District and the concurrence of the City Clerk.
B. Except as otherwise provided in Subsection C of this section, if at least twelve persons, who need not necessarily be the same twelve persons, have been registered to vote within the territory of the proposed Community Taxing District for each of the ninety days preceding the date of the protest hearing, the vote shall be by the registered voters of the proposed District, with each voter having one vote. Otherwise, the vote shall be by the landowners of the proposed District and each landowner who is the owner of record at the close of the protest hearing, or the owner’s authorized representative, shall have one vote for each acre or portion of an acre of land that the owner owns within the proposed Community Taxing District. The number of votes to be voted by a particular landowner shall be specified on the ballot provided to that landowner.
C. If the proposed special tax will not be apportioned in any tax year on any portion of property in the District in residential use in that tax year, as determined by the legislative body, the legislative body may provide that the vote shall be by the landowners of the proposed District whose property would be subject to the tax if it were levied at the time of the election. Each of these landowners shall have, one vote for each acre, or portion of an acre, that the landowner owns within the proposed District which would be subject to the proposed tax if it were levied at the time of the election.
D. Ballots for the special election authorized by Subsection A of this section may be distributed to qualified electors by mail with return postage prepaid or by personal service by the election official. The election official may provide a certificate of the proper mailing or delivery of ballots, which certificate shall constitute conclusive proof of mailing or delivery in the absence of fraud. The voted ballots shall be returned to the election officer conducting the election not later than the time specified in the resolution calling the election. If all the qualified voters have voted, the election shall be closed.
SECTION HISTORY
Added by Ord. No. 177,051, Eff. 11-20-05.