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The Council may submit a proposition to establish or change the appropriations limit, as defined by Subdivision (h) of Section 8 of Article XIII B of the California Constitution, of a Community Taxing District to the qualified electors of a proposed or established District. The proposition establishing or changing the appropriations limit shall become effective if approved by the qualified electors voting on the proposition and shall be adjusted for changes in the cost of living and changes in populations, except that the change in population may be estimated by the legislative body in the absence of an estimate by the State of California Department of Finance, and in accordance with Section 1 of Article XIII B of the California Constitution. For purposes of adjusting for changes in population, the population of the District shall be deemed to be at least one person during each calendar year.
SECTION HISTORY
Added by Ord. No. 177,051, Eff. 11-20-05.
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.
A. Except as otherwise provided in this Chapter, the provisions of law regulating elections of the City, insofar as they may apply, shall govern all elections conducted pursuant to this Chapter. Except as provided in Subsection B of this section, there shall be prepared and included in the ballot material provided to each voter an impartial analysis, and arguments and rebuttals, if any.
B. Analysis and arguments may be waived with the unanimous consent of all the qualified electors.
SECTION HISTORY
Added by Ord. No. 177,051, Eff. 11-20-05.
B. The identification envelope for return of ballots used in landowner elections shall contain the following:
1. The name of the landowner;
2. The address of the landowner;
3. A declaration, under penalty of perjury, stating that the voter is the owner of record or the authorized representative of the landowner entitled to vote and is the person whose name appears on the identification envelope;
4. The date of signing and place of execution of the declaration immediately described above;
5. The printed name and signature of the voter;
6. The address of the voter;
7. A notice that the envelope contains an official ballot and is to be opened only by the election official.
SECTION HISTORY
Added by Ord. No. 177,051, Eff. 11-20-05.
A. After the canvass of returns of any election pursuant to Section 6.727, the legislative body may levy any special tax as specified in the ordinance of formation adopted pursuant to Section 6.723 within the territory of the District, if two-thirds of the votes cast upon the question of levying the tax is in favor of levying that tax.
B. After the canvass of returns of any election conducted pursuant to Section 6.727, the legislative body shall take no further action with respect to levying the special tax within the Community Taxing District for six months from the date of the election, if the question of levying that specified special tax fails to receive approval by two-thirds of the votes cast upon the question.
SECTION HISTORY
Added by Ord. No. 177,051, Eff. 11-20-05.
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