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HomeMy WebLinkAboutR-10292 Ballot Measure for Orcutt AreaRESOLUTION NO . 10292 (2011 Series ) A RESOLUTION OF THE CITY OF SAN LUIS OBISP O ORDERING THE SUBMISSION TO THE VOTERS OF THE AFFECTED TERRITOR Y IN THE PROPOSED ORCUTT ANNEXATION AREA A MEASURE AT AN AL L MAILED BALLOT SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY , NOVEMBER 15, 2011, AS CALLED BY RESOLUTION NO . 10291 (2011 SERIES ) WHEREAS,a Special All Mailed Ballot Municipal Election has been called on Tuesday , August 16, 2011, by Resolution No . 10291 (2011 series); an d WHEREAS,the City of San Luis Obispo approved a Resolution of Application o n September 21, 2010, regarding the Orcutt Area Annexation No . 79 ; and WHEREAS,on April 21, 2011, the Local Agency Formation Commissio n ("Commission") held a public hearing and approved said annexation ; an d WHEREAS,pursuant to Government Code Section 57000(c), the Commission held a Conducting Authority Hearing (Protest Hearing) on June 16 and July 18, 2011 ; and WHEREAS,based on the written protests submitted by the registered voters in the area , a vote of the registered voters within the annexation area is required . NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN LUI S OBISPO DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS : SECTION 1 :That the City Council, pursuant to its right and authority, does orde r submitted to the voters in the Orcutt Annexation Area at the All Mailed Ballot Special Municipa l Election to be held on Tuesday, November 15, 2011, the following question : SECTION 2 . That pursuant to Government Code Section 57145 of the State o f California, that any individual voter or association of citizens entitled to vote on the change o f organization or reorganization, or any combination of those voters and association of citizens , may file a written argument for or a written argument against, the question to be submitted to th e voters and including the date fixed by the City Clerk after which no arguments for or against th e measure may be submitted to the City Clerk . Shall the Orcutt Area Annexation to the City o f San Luis Obispo ordered on April 21, 2011, b y the San Luis Obispo Local Agency Formatio n Commission be confirmed subject to the term s and conditions specified in the approval? Ye s No R 10292 Resolution No . 10292 (2011 Series ) Page 2 SECTION 3 .Within five days after the special election is called, the Executive Officer o f the Local Agency Formation Commission shall submit to the Commission, for its approval and/o r modification, an impartial analysis of the proposed change of organization . The impartial analysi s shall be filed by the date set by the City Clerk for the filing of primary arguments . SECTION 4 .That in all particulars not recited in this Resolution or Ordinance 155 9 (2011 Series), the election shall be held and conducted as provided by law for holding municipa l elections relating to annexation . SECTION 5 .That notice of the time and place of holding the election is given and th e City Clerk is authorized, instructed and directed to give further or additional notice of th e election, in time, form and manner as required by law . SECTION 6 .That the City Clerk shall certify to the passage and adoption of thi s resolution . SECTION 7 . That the City Clerk is hereby directed to file a certified copy of thi s resolution with the San Luis Obispo Clerk-Recorder . Upon motion of Council Member Carpenter, seconded by Council Member Carter, an d on the following vote : AYES : Council Members Carpenter, Carter and Smith and Vice Mayor Ashbaug h NOES : None ABSENT : None RECUSED : Mayor Mar x The foregoing resolution was adopted this 16th day of August 2011 . ATTEST : Elaina Cano City Cler k APPROVED AS TO FORM : '_A istine Dietric k y Attorney