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Government Code ("Section 53326") and pursuant to the applicable provisions of law <br />regulating elections of the City, insofar as they may be applicable, and pursuant to Section <br />53326 the ballots for the election shall be distributed to the qualified electors of the territory <br />proposed to be annexed to the Community Facilities District by mail with return postage <br />prepaid and the election shall be conducted as a mail ballot election. <br />(b) If at the time of the close of the protest hearing, and for at least the preceding <br />90 days, less than 12 persons have been registered to vote within the territory proposed to <br />be annexed to the Community Facilities District, and pursuant to Section 53326, the vote <br />is therefore to be by the landowners of that territory, with each landowner of record at the <br />close of the protest hearing having one vote for each acre or portion of an acre of land that <br />he or she owns, the election shall be conducted by the City Clerk as follows: <br />(1) The election shall be held on the earliest date following the <br />conclusion of the protest hearing upon which it can be held pursuant to Section <br />53326 which may be selected by the City Council, or such earlier date as the owners <br />of land within the territory proposed to be annexed to the Community Facilities <br />District and the City Clerk agree and concur is acceptable. <br />(2) Pursuant to Section 53326, the election may be held earlier than 90 <br />days following the close of the protest hearing if the qualified electors of the <br />territory proposed to be annexed to the Community Facilities District waive the <br />time limits for conducting the election set forth in Section 53326 by unanimous <br />written consent and the City Clerk concurs in such earlier election date as shall be <br />consented to by the qualified electors. <br />(3) Pursuant to Section 53326, ballots for the election shall be <br />distributed to the qualified electors by the City Clerk by mail with return postage <br />prepaid or by personal service. <br />(4) Pursuant to applicable provisions of law regulating elections of the <br />City which govern the conduct of mail ballot elections, and Division 4 <br />(commencing with Section 4000) of the California Elections Code with respect to <br />elections conducted by mail, the City Clerk shall mail or deliver to each qualified <br />elector an official ballot in a form specified by the City Council in the resolution <br />calling the election, and shall also mail or deliver to all such qualified electors a <br />ballot pamphlet and instructions to voter, including a sample ballot identical in form <br />to the official ballot but identified as a sample ballot, a statement pursuant to <br />Section 9401 of the said Code, an impartial analysis by the City Attorney pursuant <br />to Section 9280 of the said Code with respect to the ballot proposition contained in <br />the official ballot, ballot arguments and rebuttals, if any, pursuant to Sections 9281 <br />to 9287, inclusive, of said Code, a return identification envelope with prepaid <br />postage thereon addressed to the City Clerk for the return of voted official ballots, <br />and a copy of this resolution; provided, however, that such statement, analysis and <br />arguments may be waived with the unanimous consent of all the landowners of the <br />territory proposed to be annexed to the Community Facilities District and shall be <br />so stated in the resolution adopted by the City Council calling the election. <br />0 <br />