§ 4.107.350. Special tax levy—Election—Voter qualifications—Ballots.

A.

By resolution, the board shall submit the levy of any special taxes to the qualified electors of the proposed community facilities district subject to the levy or to the qualified electors of the territory to be annexed by the community facilities district subject to the levy in the next general election or in a special election to be held, notwithstanding any other requirement, including any requirement that elections be held on specified dates, contained in the California Elections Code, at least 5 days, but not more than 180 days, following the adoption of the resolution of formation. The legislative body shall provide the resolution of formation, a certified map of sufficient scale and clarity to show the boundaries of the district, and a sufficient description to allow the election official to determine the boundaries of the district to the official conducting the election after the adoption of the resolution of formation, if requested by the official conducting the election. Assessor's parcel numbers for the land within the district shall be included if it is a landowner election or the district does not conform to an existing district's boundaries, if requested by the official conducting the election. If the election is to be held less than 125 days following the adoption of the resolution of formation and the election official is other than the city clerk, the concurrence of the election official conducting the election shall be required. However, any time limit specified by this Section 4.107.350 or requirement pertaining to the conduct of the election (including but not limited to any requirements described in Section 4.107.360) may be waived with the unanimous consent of the qualified electors of the proposed district and the concurrence of the election official conducting the election. In the event of such unanimous waiver, the election official shall be the city clerk.

B.

Except as otherwise provided in subdivision C of this Section 4.107.350, if at least 12 persons, who need not necessarily be the same 12 persons, have been registered to vote within the territory of the proposed community facilities district for each of the 90 days preceding the date of the protest hearing, the vote shall be by the registered voters of the proposed district, with each voter having 1 vote. Otherwise, the vote shall be by the landowners of the proposed district and each landowner who is the owner of record at the close of the protest hearing, or the authorized representative thereof, shall have 1 vote for each acre or portion of an acre of land that he or she owns within the proposed community facilities district. The number of votes to be voted by a particular landowner shall be specified on the ballot provided to that landowner.

C.

If the proposed special tax will not be apportioned in any tax year on any portion of property in the district in residential use in that tax year, as determined by the legislative body, the legislative body may provide that the vote shall be by the landowners of the proposed district whose property would be subject to the tax if it were levied at the time of the election. Each of these landowners shall have 1 vote for each acre, or portion thereof, that the landowner owns within the proposed district which would be subject to the proposed tax if it were levied at the time of the election.

D.

Ballots for the special election authorized by subdivision A of this Section 4.107.350 may be distributed to qualified electors by mail with return postage prepaid or by personal service by the election official. The election official may provide a certificate of the proper mailing or delivery of ballots, which certificate shall constitute conclusive proof of mailing or delivery in the absence of fraud. The voted ballots shall be returned to the election officer conducting the election not later than the time specified in the resolution calling the election. However, if all the qualified voters have voted, the election may be closed with the concurrence of the official conducting the election.

(Ord. 6471 § 2 (part), 1992)