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Res. 98-164 Calling Election RESOLUTION NO. 98-164 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO CALLING FOR A SPECIAL MUNICIPAL ELECTION FOR THE PURPOSE OF SUBMITIING MEASURES BEFORE THE QUALIFIED VOTERS OF THE RANCHO RINCONADA AREA WHEREAS, a statewide general election will be held on Tuesday, November 3,1998; and WHEREAS, it is the desire of the City Council of the City of Cupertino to call a special municipal election to be held on November 3, 1998, in the Rancho Rinconada area. For purposes of this resolution the area known as "Rancho Rinconada" is described as the unincorporated area generally bounded by Miller Avenue, Stevens Creek Boulevard, Lawrence Expressway, Bollinger Road, and Tantau Avenue, commonly referred to as Loree Estates and Rancho Rinconada, and consisting of 324 acres ofland. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino does hereby call a special municipal election to be held Tuesday, November 3,1998, and directs that the following measures are to be submitted to the qualified voters of the Rancho Rinconada area. City of Cupertino Measure ( ) - Advisory YES Should the unincorporated area of Santa Clara County known as "Rancho Rinconada" be annexed to the City of Cupertino? NO City of Cupertino Measure ( ) In the event that the unincorporated area of Santa Clara County, known as YES "Rancho Rinconada" (as more specifically described in the full ballot measure), is annexed to the City of Cupertino, shall the city's existing utility users excise tax, imposed on electric, gas, and telephone users throughout the city at a rate of 2.4% of the monthly bills for said utility NO services (subject to an exemption for senior citizens) be extended to this area? THE CITY COUNCIL OF THE CITYOF CUPERTINO FURTHER RESOLVES: 1) The Board of Supervisors of Santa Clara County is hereby requested to order the consolidation of the special municipal election with the statewide general election, and is hereby authorized to canvass the returns of said special municipal election, and said election shall be held in all respects as if there were only one election and only one form of ballot shall be used. Said Board of Supervisors shall certify the results of the canvass Resolution No. 98-164 Page 2 of the returns of said special municipal election to the Council, which shall thereafter declare the results thereof. 2) The special municipal election is hereby ordered consolidated with the statewide general election to be held within the City on November 3, and within the territory affected by the consolidation, the election shall be held and conducted, closed, ballots counted and returned, returns canvassed, and results declared, and all other proceedings incidental to and connected with the election shall be regulated and done in accordance with the provisions of law regulating the statewide general election and specified herein. 3) The City Clerk shall publish a notice of election and synopsis of the measure one time in a newspaper of general circulation. 4) All persons qualified to vote at general elections in the Rancho Rinconada area upon the date of the special election herein provided for shall be qualified to vote upon the proposition submitted at said special election. 5) The deadline for arguments in favor or in opposition to the measures is 5:00 p.m. on Wednesday, August 8,1998. Rebuttals will not be accepted. 6) The City Attorney is hereby directed to prepare an impartial analysis of the measures, not to exceed 500 words in length for each measure, and to file them with the City Clerk no later than Monday, August 10, 1998; 7) The City Clerk is hereby directed to certify to the adoption of this resolution and to transmit a copy hereof to the Board of Supervisors of the County and to file a certified copy with the Registrar of Voters of the County. PASSED AND ADOPTED at a regular meeting ofthe City Council ofthe City of Cupertino this 15th day of June, 1998, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: Burnett, Chang, Dean, James, and Statton None None None ATTEST: APPROVED: City Clerk Mayor