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HomeMy WebLinkAboutCC RES 83-05210 12 20 RESOLUTION NO. 83-52 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, CALLING AND GIVING NOTICE OF A SPECIAL ELECTION FOR REORGANIZATION NO. 53 FOR TRANSFER OF TERRITORY BETWEEN THE CITIES OF IRVINE AND TUSTIN TO BE HELD IN TERRITORY PROPOSED FOR REORGANIZATION ON TUESDAY, THE 8TH DAY OF NOVEMBER, 1983 AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO THE CALL AND CONDUCT OF SUCH SPECIAL ELECTION AND PROVIDING FOR THE FILING OF ARGUMENTS AND REBUTTAL ARGUMENTS WHEREAS, under the provisions of the laws relating to the transfer of territory by cities in the State of California, the City Council of the City of Tustin, conducting authority, did properly cause a "Notice of Public Hear- ing" to be published and thereafter did on March 21, 1983, at 7.30 p.m. hold such public hearing; and WHEREAS, protests have been filed in a number less than 50% of those voters within the territory proposed for reorganization; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE AND DETERMINE AS FOLLOWS' SECTION 1' That all of that territory described as Reorganization No. 53 be transferred between the cities of I rvine and Tus~in subject to con- firmation by a majority of the duly registered voters residing in said terri= tory. , SECTION 2' That pursuant to the provisions of California Government Code Sections 35228 and 35061, there shall be and there is hereby called and ordered a special election to be held in said territory on Tuesday,-November 8, 1983, between' the hours of 7'00 a.m. and 8'00 p.m., for the purpose of ascertaining whether the voters residing therein confim and agree to the reorganization of said territory. · SECTION. 3' That notice of said special election shall be given and published by the City Clerk pursuant to California Government Code Sec%ions 56080 and 56083. SECTION 4' That within five (5) days from date .of this Resolution, the Clerk shall transmit, by certified mail, a copy of this Resolution and any additional information required by Government Code Section 35065 to the execu- tive officer of the Local Agency Formation Commission. SECTION 5' Tha~ pursuant to the provisions of California Government Code Section 35067, arguments for the reorganization and arguments against the reorganization may be submitted in writing by any registered voter or bona fide association of citizens entitled to vote on the reorganization (not to exceed 300 words in length and shall be accompanied by not more than three signatures) and filed with the City Clerk for printing and distribution in the ballot pamphlet not later tha~ August 22, 1983. Only one argument for and one argument against shall be selected by the City Clerk and printed in the ballot pamphl et. SECTION 6: That pursuant to Section 5014.5 of the Elections Code of the State of California, if any person submits an argument against a city measure, and an argument has been filed in favor of the city measure, the City Clerk shall immediately send copies of that argument to the persons filing the argument 'in favor of the city measure. The persons filing the argument in 10 11 '12 17 18 19 20 favor of the city measure may prepare and submit a rebuttal argument not exceeding 250 words. The City Clerk shall send copies of the argument in favor of the measure to the persons filing the argument against the city measure, who may. prepare and submit a rebuttal argument to the argument in favor of the city measure not exceeding 250 words. The rebuttal arguments shall be filed with the City Clerk not later than September 1, 1983. SECTION 7. The reorganization area is within Precinct 71-368. SECTION 8' The City Council, pursuant to its right and au.thority so to do, does hereby determine that there shall be and there is hereby ordered submitted to the registered voters within the reorganization territory of said el ection the fol 1 owing question, to wit' · YES Shall the area known as "Reorganization No. 53" be ~ __ reorganized inI the ci ti es of Tusti n and I rvi ne, CA NO ................... A cross (+) placed in the voting square after the word "YES" shall be counted in favor of adoption of the measure. A cross {+) placed in the voting rd "NO" . square after the wo shall be counted against adoption of the measure SECTION 9' A canvass of. the ballots cast shall be conducted pursuant to Sections 17080 - 17089 of the Elections Code and determination of the proposal shall be based upon the majority votes of eligible voters within the subject territory casting a vote. SECTION 10' That in all other particulars not provided for, the Clerk shall conduct the election as provided by law. SECTION 11' A case is presently before the California Supreme Court which involves the issue of the legal permissibility of conducting elections by mailed ballot and the decision in this matter is expected imminently. If the opinion of the California Supreme Court is rendered early enough and it indicates that the type of election required to be conducted in reference to Reorganization No. 53 may be conducted by ballot by mail, then the following shall replace the provisions of Section 2 of this Resolution' That pursuant to the provisions of California Government Code Sections 353228 and 35061, there shall be and there is hereby called and ordered a special mail ballot election to be held in said territory on Tuesday November 8, 1983, for the purpose of ascertaining whether the voters residing therein confim and agree to the reoranization of said terri tory. SECTION 12' That the City Clerk shall certify to the passage and adoption of this Resolution; shall enter the same in the book of ori'ginal Resolutions of said City; and shall enter the passage and adoption thereof in the minutes of the proceedings of the City Council meeting of said city. at which the same is passed and adopted. PASSED AND ADOPTED at a regular meeting of the City Council of thc City of Tustin held on the 1st day of August, 1983. - - - C'~TY CLERK STATE OF CALIFORNIA COUNTY OF ORANGE C I TY OF TUST I N MARY E. WYNN, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 83-52 was duly and regularly introduced, passed and adopted at a regular meeting 'o~ the City Council held on the ..ls.t day of Augu. s_t~, ~1983, by the fol 1 owing vote' AYES · COUNCILPERSONS' Edgar, Greinke, Hoesterey, Kennedy, Saltarelli NOES · COUNCILPERSONS' None ABSENT' COUNC ILPERSONS' None y Clerk Cit ~q.~ARY E. 'NNt~n, Cali fornia City of Tus