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HomeMy WebLinkAbout07-11 TCSD Resolution I I I RESOLUTION NO. CSD 07-11 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA CANCELING THE SPECIAL MAIL BALLOT ELECTION FOR AUGUST 28, 2007 THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOllOWS: 1. The Board of Directors does hereby find, determine and declare that: A. On July 10, 2007, the Board of Directors adopted Resolution No. CSD 07-10 entitled "A Resolution of the Board of Directors of the Temecula Community Services District of the City of Temecula Calling a Special Mail Ballot Election for August 28, 2007 to Submit a Proposed Increase to the Rates and Charges for Service Level C to Owners of Real Property Subject to the Proposed Increase, Approving a Report on the Proposed Increase and Adopting Procedures for the Conduct of the Election," that established a special mail ballot election for August 28, 2007 ("Special Mail Ballot Election." B. On July 16, 2007, the District learned that a substantial number of ballots for the Special Mail Ballot Election did not contain voting squares to the right of the word "yes" on the ballot due to an error of the printer beyond the control of the District. C. Elections Code Section 13208 explicitly requires that in the case of measures submitted to the voters "voting squares" shall be printed on the ballots to the right of the words "yes" and "no." D. Canceling the Special Mail Ballot Election will reduce the risk of confusion among the voters and maintain the integrity of the electoral process. 2. The Board of Directors hereby cancels the Special Mail Ballot Election set for August 28,2007 and amends Resolution No. CSD 07-10 to the extent necessary to effectuate the cancellation of the Special Mail Ballot Election. 3. The Board of Directors directs and authorizes the District Manager to send a letter to the property owners subject to the Special Mail Ballot Election notifying them of the cancellation of the Special Mail Ballot Election and explaining the reason for the cancellation. 4. The Board of Directors directs and authorizes the District Manager to take such actions as are necessary and appropriate to initiate the procedures necessary to enable the Board of Directors to again consider the proposed increase to the Rates and Charges for Service Level C and to decide whether to submit the proposed increase to the property owners at next available mail ballot election date. R:/CSD Resos 2007/CSD 07-11 I I I 5. The Board of Directors directs and authorizes the City Clerk/District Secretary to take such further actions as are necessary and appropriate under law to implement the cancellation of the Special Mail Ballot Election and to retain and dispose of any ballots which might be received in the manner required by law. 6. The City Clerk/District Secretary shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula Community Services District of the City of Temecula this 24th day of July, 2007. Jeff Comerchero, President ATTEST: [SEAL] R:/CSD Resos 2007/CSD 07-11 2 I I I STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk/Board Secretary of the Temecula Community Services District of the City of Temecula, do hereby certify that the foregoing Resolution No. CSD 07-11 was duly and regularly adopted by the Board of Directors of the Temecula Community Services District of the City of Temecula at a meeting thereof held on the 24th day of July, 2007, by the following vote: AYES: 5 BOARD MEMBERS: Edwards, Naggar, Roberts, Washington, Comerchero NOES: 0 BOARD MEMBERS: None ABSENT: 0 BOARD MEMBERS: BOARD MEMBERS: None ABSTAIN: 0 None Susa . Jones, MMC City Cler Board Secretary R:/CSD Resos 2007/CSD 07-11 3