HomeMy Public PortalAbout2008.119 (07-15-08)RESOLUTION RlO. 2008.119
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LYNV1100D, CALIFORNIA, DIRECTING THE CITY
ATTORNEY TO PREP,4RE AN IfViPARTIAL ANALYSIS,
SETTING PRIORITIES FOR FILING WRITTEN
ARGUIVIENTS, AiVD PROVIDING FOR REBUTTAL
~ ARGUMENTS REGARDING A BALLOT MEASURE
! RELATING TO THE CITY'S UTILITY USER'S TAX
WHEREAS, a special election shail be held in the City of Lynwood, California, on
November 4, 2008, at which there will be submitted to the voters a baliot measure
relating to the City's Utility User's Tax (Lynwood Municipal Code Chapter 6-5).
Hereafter, said measure shall be referred to as "the UUT Ballot Measure"; and
WHEREAS, whenever a municipal ballot measure is authorized, State law
provides that the City Council may direct the City Attorney to prepare an impartial
analysis and provide for the filing of written arguments for and against a measure and
for rebuttal arguments to be filed with the City elections official.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD,
CALIFORPVIA, DOE~ RESOLVE, DECLARE, DETERMINE AiVD ORDER AS
FOLLOWS:
Section 1. The City Council directs the City Attorney to prepare an impartial
analysis of the UUT Ballot Measure showing the effect of the measure on the existing
law and the operation of the measure. The impartial analysis shall be filed within fifteen
(15) days of the adoption of this Resolution or by the date set by the City Clerk for the
filing of primary arguments, whichever is later.
Section 2. The City Council authorizes members of that body, collectively or
individually, to file written arguments in favor of the UUT Ballot Measure specified
above, accompanied by the printed name(s) and signature(s) of the author(s), and to
change the argument until and including the date fixed by the City Clerk after which no
arguments for or against the City measure may be submitted to the City Clerk. The City
Clerk shall follow Elections Code sections 9281 through 9287 in determining the printing
of all arguments in favor and against.
Section 3. If no member of the City Council files written arguments in favor of
said UUT Ballot Measure, then any voter of the City may submit to the City Clerk for
consideration. If more than one argument is filed, the City Clerk shall give priority to
arguments in accordance with Elections Code sections 9281 through 9287, or shall
priority shall be given to the earliest filed arguments.
Section 4. Arguments shall be filed with the City Clerk, signed, with the printed
name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an
organization, the name of the organization, and the printed name and signature of at
least one of its principal officers who is the author of the argument.
Section 5. When the City Clerk has selected the arguments for and against
the UUT Ballot Measure which will be printed and distributed to the voters, the City
Clerk shall send a copy of an argument in favor of the proposition to the authors of any
argument against the measure and a copy an argument against the measure to the ~
I
authors of any argument in favor of the measure immediately upon receiving the !
arguments. ~
Section 6. The author or a majority of the authors of an argument relating to
the referendum ballot measure may prepare and submit a rebuttal argument not
exceeding 250 words or may authorize in writing any other person or persons to
prepare, submit, or sign the rebuttal argument. A rebuttal argument may not be signed
by more than five. The rebuttal arguments shall be filed with the city clerk, signed, with
the printed name(s) and signature(s) of the author(s) submitting it, or if submitted on
behalf of an organization, the name of the organization, and the printed name and
signature of at least one of its principal officers, not more than 10 days after the final
date for filing direct arguments.
Section 7. Rebuttal arguments shall be printed in the same manner as the direct
arguments. Each rebuttal argument shall immediately follow the direct argument which
it seeks to rebut.
Section 8. The City Clerk shall cause the City Attorney's Impartial Analysis, and
duly selected arguments and rebuttals, to printed and distributed to voters in
accordance with State law regarding same.
Section 9. The City Clerk shall certify to the passage and adoption of this
Resolution and enter it into the book of original Resolutions.
PASSED, APPROVED, AND ADOPTED this 15t" day of July, 2008, at the City of
Lynwood, County of Los Angeles.
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Ma or Maria Teresa Santillan
ATTEST:
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Maria Quinonez, City Clerk
APPROVE AS TO FORIVI:
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Fred Galante, City Attorney
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STATE OF CALIFORNIA )
) SS.
COUNTY OF LOS ANGELES )
APPROVED AS TO CONTENT:
Roger . Hal , City Manager
i, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the
foregoing Resolution was passed and adopted by the City Council of the City of
Lynwood at a regular meeting held on the 15th day of July, 2008.
AYES: COUNCIL MEMBERS, CASTRO, FLORES, MORTON, RODRIGUEZ,
AIVD SANTILLAN
NOES: NONE
ABSENT: NONE
ABSTAIN: NOIVE
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Maria Quinonez, Ci y Clerk
STATE OF CALIFORNIA )
) SS.
COUNTY OF LOS ANGELES )
I, the undersigned City Clerk of the City of Lynwood, and the Clerk of the City
Council of said City, do hereby certify that the above foregoing is a full, true and correct
copy of Resolution No. 2008.119 on file in my office and that said Resolution was
adopted on the date and by the vote therein stated. Dated this 15t" day of July, 2008
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i Maria Quinonez, City Clerk