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HomeMy Public PortalAbout2008.122 (07-15-08)RESOLUTION NO. 2008.122 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA, DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS, SETTING PRIORITIES FOR FILING WRITTEN ARGUMENTS, AND PROVIDING FOR REBUTTAL ARGUMENTS REGARDING AN ADVISORY BALLOT MEASURE REGARDING THE PRIORITY FOR USE OF THE CITY'S UTILITY USER'S TAX WHEREAS, a special election shall be held in the City of Lynwood, California, on November 4, 2008, at which there will be submitted to the voters an advisory ballot measure relating to the priority for the use of the City's existing Utility User's Tax (Lynwood Municipal Code Chapter 6-5); 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, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: Section 1. The City Council directs the City Attorney to prepare an impartial analysis of the advisory ballot measure relating to the priority for the use of the City's Utility User's Tax. 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 advisory ballot measure relating to the priority for the use of the Utility User's Tax, 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 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 arganization, 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 aforementioned advisory 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 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. MA ' IA T. SANTILLAN, MAYOR ATTEST: ,. Maria Quinonez, City Clerk i ~~ APPROVED AS TO FORM: ~, Fred Galante, City At orney STATE OF CALIFORNIA ) SS. COUNTY OF LOS ANGELES ) APPROVED AS TO CONTENT: Roger L. Hale° ity 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 15t" day of July, 2008. AYES: COUNCIL MEMBERS, CASTRO, FLORES, MORTON, RODRIGUEZ, AND SANTILLAN NOES: NONE ABSENT: NONE ABSTAIN: NONE Maria Quinonez, City Clerk r 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. 2008.122 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 ~~ Maria Quinonez, City Clerk