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HomeMy WebLinkAbout96-02 CC OrdinanceIORDINANCE NO. 96-02 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA FINDING A VACANCY TO EXIST IN THE CITY COUNCIL, CALLING FOR A SPECIAL ELECTION TO BE HELD ON NOVEMBER 5, 1996 TO ELECT A PERSON TO FILL THE REMAINDER OF THE TERM OF THE VACANT COUNCIL OFFICE AND PROVIDING FOR THE CITY COUNCIL TO MAKE AN APPOINTMENT TO THE VACANT OFFICE UNTIL THE COMPLETION OF THE SPECIAL ELECTION THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN AS FOLLOWS: Section 1. Declaration of Council Vacancy. The City Council of the City of Temecula hereby finds that a vacancy exists in the City Council for an office with a term expiring In November of 1999. The vacancy is due to the resignation of Ronald Parks, effective January 1, 1996. ' Section 2. Method of Filling Vacancy on Council. a. A special election shall be held to fill every City Council vacancy. The special election shall be held on either the next regularly established election date or the next regularly established municipal election date not less than 114 days from the call of the special election, as determined by the City Council, within thirty (30) days of the date of the vacancy. b. A person shall be appointed to fill a vacancy on the Council and such person shall hold office only until such time as the special election called to fill the vacancy has been held, the results certified by the elections official, and the person elected at the special election has qualified and is sworn in to office pursuant to Government Code Section 36512 (3). Section 3. Call for Special Election to Fill Vacancy_. The City Council of the City of Temecula hereby calls for a special election to be held on November 5, 1996 for the purpose of electing a person to the unexpired term of the Council office vacated by the resignation of Ronald Parks. The City Council shall adopt such further ordinances as are necessary to provide for the conduct of the election as may be required by the Elections Code of the State of California and the Elections Officer. om,\9&a2 ' Section 4. Effective Period of Ordinance. Section 2 of this ordinance shall expire and be of no further force and effect as of January 1, 1998. Section 5. Severablity. The City Council hereby declares that the provisions of this Ordinance are severable and if for any reason a court of competent jurisdiction shall hold any sentence, paragraph, or section of this Ordinance to be invalid, such decision shall not affect the validity of the remaining parts of this Ordinance. Section 6. Effective Date of Ordinance. This Ordinance shall take effect upon its adoption. The Ordinance calls for and otherwise relates to an election and therefore shall take effect immediately upon adoption pursuant to Elections Code Section 9235(a) and Government Code Sections 36937(a) . Additionally, this Ordinance shall take effect immediately pursuant to Government Code Section 36937(b) as its immediate implementation is required for the preservation of the public peace, health, and safety in that the City would be without a full City Council for a period of at least ten months until an election could be held and adoption of this Ordinance preserves the right of the people to hold an election for the filling of the vacancy without jeopardizing the ability of the City Council to address important City problems as will occur with a partial Council. Section 7. Certification by City Clerk. The City Clerk shall certify to the passage of this ordinance and shall cause the same to be published in the manner required by ' law. PASSED AND APPROVED this 23rd day of January, 1996. ATTEST: Ju a reek, CMC City Clerk o.d.\vem -2- Ifaret —. Lmdemans, Mayor LJI� Ofde \9602 STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF TEMECULA I, June S. Greek, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 96 -02 was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 9th day of January, 1996, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council of the City of Temecula on the 23rd day of January, by the following roll call vote: AYES: 4 COUNCILMEMBERS NOES: 0 COUNCILMEMBERS ABSENT: 0 COUNCILMEMBERS -3- Birdsall, Roberts, Stone, Lindemans None None Ju S reek, CMC City Clerk