Res 12-003RESOLUTION NO 12 -003
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY,
CALIFORNIA, TO ESTABLISH A PROCESSING FEE FOR FILERS
OF INITIATIVE PETITIONS TO BE SUBMITTED
TO VOTERS AT MUNICIPAL ELECTIONS
WHEREAS, Article 1 of Chapter 3 to Division 9 of the California Elections Code
(section 9200 et seq ) ( "Article 1 ") provides that ordinances may be enacted by the initiative
process, and
WHEREAS, Section 9202 of Article 1 provides that any person filing a notice of
intent with the elections official shall pay a fee established by the City Council not to
exceed two hundred dollars ($200), to be refunded to the filer if, within one (1) year of the
date of the notice of intent the elections official certifies the sufficiency of the petition, and
WHEREAS, the City Council has not established a fee to be paid by the filer of a
notice of intent to circulate a petition to adopt an ordinance by the initiative process at a
municipal election, and
WHEREAS, the City Council has determined that the costs of processing initiative
petitions by the City Clerk and the City Attorney should be offset when a local initiative
measure fails to qualify for placement on the ballot at a municipal election
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway
as follows
Section 1 There is hereby established an initiative processing fee in the amount
of two hundred dollars ($200) (the "Fee ") to be paid by any person filing a notice of intent to
circulate an initiative petition to submit an ordinance or other legislative action to the voters
of the City of Poway
Section 2 If the City Clerk certifies the sufficiency of the petition within one (1)
year of the date of filing the notice of intent with the City Clerk, the Fee shall be returned to
the filer; otherwise, the Fee shall be forfeited to the City of Poway and deposited in the
City's general fund
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway,
State of California, at a regular meeting this 7 day of February 2012
ATTEST
a �Troyan, MMC, City lerk
o Higginson, Ma r
Resolution No 12 -003
Page 2
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO )
I, Linda A. Troyan, MMC, City Clerk of the City of Poway, do hereby certify under
penalty of perjury that the foregoing Resolution No 12 -003 was duly adopted by the City
Council at a meeting of said City Council held on the 7th day of February 2012, and that it
was so adopted by the following vote
AYES BOYACK, GROSCH, MULLIN, CUNNINGHAM, HIGGINSON
NOES None
ABSENT None
DISQUALIFIED None
da . Troyan, MMC, City Clerk
City of Poway