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HomeMy WebLinkAboutr10291novemberelectionorcuttRESOLUTION NO . 10291 (2011 Series) A RESOLUTION OF THE CITY OF SAN LUIS OBISPO CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL ALL MAILE D BALLOT MUNICIPAL ELECTION TO BE HELD TUESDAY, NOVEMBER 15, 2011 , AND REQUESTING ELECTION SERVICES FROM TH E SAN LUIS OBISPO COUNTY ELECTIONS DIVISIO N WHEREAS,notice is hereby given that a special all mailed ballot municipal election wil l be held in the affected territory of the Orcutt Area on Tuesday, November 15, 2011, to consider a question of annexation ; and WHEREAS,the City requires assistance for the proper conduct of the special election ; and desires to request services of the San Luis Obispo County Elections Official to conduct sai d special election . NOW, THEREFORE, BE IT RESOLVED that the Council of the City of San Lui s Obispo does declare, determine, and order as follows : SECTION 1 .Notice is hereby given and there is called and ordered to be held in th e affected territory of the Orcutt Area, County of San Luis Obispo, California, on Tuesday , November 15, 2011, a special municipal election conducted by all-mail ballot . SECTION 2 .Permit the County Elections Official to render specified services to th e City of San Luis Obispo relating to the conduct of an all mailed ballot special election o n Tuesday, November 15, 2011, and said Elections Official is hereby authorized to canvass th e returns of the special election and certify the results of the canvass of the returns of the specia l election to the Council of the City of San Luis Obispo, which shall declare the results thereof . SECTION 3 .That pursuant to the applicable provisions of the City Charter an d Ordinance No . 1559 (2011 Series) of the City of San Luis Obispo, said special election shall b e held and conducted by all mailed ballot, and shall be conducted pursuant to Chapter 2 o f Division 4 (commencing with Section 4100) of the California Elections Code only insofar a s required by law, and only where not inconsistent with the Charter of the City of San Luis Obisp o and Ordinance No . 1559 (2011 Series) and the Cortese-Knox-Hertzberg Act . Notwithstandin g Elections Code Section 4103, ballots cast in this special election shall be returned to the office o f the County Registrar of Voters by mail or in person no later than 8 :00 p .m . on Election Day . Only ballots received in the office of the Registrar of Voters by 8 :00 p .m . on Election Day shal l be counted . SECTION 4 . That the City shall reimburse the County for services performed when th e work is completed and upon presentation to the City of a properly approved bill pursuant t o section 51350 of the Government Code . SECTION 5 .That the City Clerk is hereby directed to file certified copies of thi s resolution with the Elections Official of the County of San Luis Obispo . R 10291 Resolution No . 10291 (2011 Series) Page 2 SECTION 6 .That notice of the time and place of holding the special election is give n and the 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 . Upon motion of Council Member Carpenter, seconded by Council Member Carter, and o n the following vote : AYES : Council Members Carpenter, Carter and Smith and Vice Mayor Ashbaug h NOES : None ABSENT : None RECUSED : Mayor Marx The foregoing resolution was adopted this 16th day of August 2011 . ATTEST : Elaina Cano, CM C City Clerk APPROVED AS TO FORM :