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Res 10-011 RESOLUTION NO. 10-011 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL RECALL ELECTION ON TUESDAY, JUNE 8, 2010, FOR THE SUBMISSION TO THE VOTERS THE QUESTION OF THE RECALL OF A MEMBER OF THE CITY COUNCIL AND THE ELECTION OF A CANDIDATE TO FILL THE VACANCY IF THE RECALL PREVAILS WHEREAS, under the provisions of the law relating to cities in the State of Califomia, a recall petition was filed demanding the recall of Councilmember Betty Rexford; and WHEREAS, the petition was signed by more than 20 percent of the voters of the City of Poway; and WHEREAS, a candidate shall be elected to fill the vacancy if this recall prevails;. and WHEREAS, The City Council is authorized and directed by statute to submit the proposed recall to the voters. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That pursuant to the requirements of the laws of the State of California relating to general law cities, there is called and ordered to be held in the City of Poway, California, on Tuesday, June 8, 2010, a Special Municipal Recall Election for the purpose of submitting the question of the recall of Councilmember Betty Rexford and the election of a candidate to fill the vacancy, if the recall prevails. SECTION 2. That on the ballot to be used at the election, in addition to any other matters required by law, there shall be printed substantially the following: Shall Betty Rexford be recalled (removed) from the office of YES Member of the City Council? NO For Member of the City Council to succeed Councilmember Betty Rexford if she is recalled (Term Ending November, 2010) (Followed by the list of candidates for this office and a line for qualified write-in candidates) Resolution No. 10-011 Page 2 SECTION 3. That the ballots to be used at the election shall be in form and content as required by law. SECTION 4. That the City Cierk is authorized, instructed and directed through the San Diego County Registrar of Voters to procure and furnish any and all official ballots, notices, printed mafter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election. SECTION 5. That the poils shall be open at seven o'clock a.m. of the day of the election and shall remain open continuously from that time until eight o'clock p.m. of the same day when the polls shall be closed, except as provided in § 14401 of the Elections Code of the State of California. SECTION 6. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections. SECTION 7. That the notice of the time and place of holding the election is given to the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law. SECTION 8. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. PASSED, ADOPTED and APPROVED by the City Council of the City of Poway, State of California, this 16th day of February 2010. � - , Don Higginson, Mayor ATTEST: inda . royan, MMC City Clerk Resolution No. 10-011 Page 3 STATE OF CALIFORNIA ) )SS COUNTY OF SAN DIEGO ) I, Linda A. Troyan, MMC, City Clerk of the City of Poway, do hereby certify, under the penalty of perjury, that the foregoing Resolution No. 10-011, was duly adopted by the City Council at a meeting of said City Council held on the 16th day of February 2010, and that it was so adopted by the following vote: AYES: BOYACK, CUNNINGHAM, KRUSE, HIGGINSON NOES: NONE ABSENT: REXFORD DISQUALIFIED: NONE Li A. Troyan, MMC, City Clerk City of Poway