HomeMy WebLinkAboutORD 1139 (1994)
ORDINANCE NO. 1139
2
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
3 OF TUSTIN, CALIFORNIA, REPEALING ORDINANCE NOS.
1032 AND 1048 AND REQUIRING THAT BEGINNING IN
4 1996, THE GENERAL MUNICIPAL ELECTION BE HELD IN
MARCH, ON THE SAME DAY AS THE STATEWIDE DIRECT
S PRIMARY ELECTION, AND PROVIDING THAT IF THE STATE
LEGISLATURE FAILS TO PROVIDE AUTHORIZATION FOR A
6 STATEWIDE DIRECT PRIMARY IN MARCH OF 1998,
THE CITY'S GENERAL MUNICIPAL ELECTION, BEGINNING
7 IN 1998, SHALL BE HELD ON THE SECOND TUESDAY IN
APRIL OF EVEN-NUMBERED YEARS
The City Council of the City of Tustin, California, does
9 hereby ordain as follows:
10 Section 1.
]] The purpose and intent of this ordinance is to permit the
consolidation of the City's next general municipal election with
]2 the statewide direct primary election that will be held on the
fourth Tuesday in March of 1996 at the same time as the presiden-
]3 tial primaryand to permit the City's general municipal election to
be held in March of subsequent even-numbered years if state law is
]4 changed to provide for a March statewide direct primary beginning
in 1998. An additional purpose and intent of this ordinance is to
Is authorize a return to a general municipal election date of the
second Tuesday in April of even-numbered years, if state law does
]6 not provide for a March statewide direct primary beginning in 1998.
]7 Section 2.
Ordinance Nos. 1032 and 1048 are hereby repealed.
]9 Section 3.
~ A. This section shall remain in effect as long as state
law authorizes a statewide direct primary election in March of
2] even-numbered years and such authorization applies to the 1998
election year. This section shall be repealed as of the end of the
~ state legislative session in 1997 if the state has not authorized
a March statewide direct primary for 1998.
23
B. Beginning in 1996, pursuant to Government Code
24 Section 36503.5, the City of Tustin's general municipal election
shall be held on the same day as the statewide direct primary
2s election, which shall be held on the fourth Tuesday in March. The
time period in which to file as a candidate for the general
26 4 municipal ~election shall be the same as that for the statewide
direct primary election.
27
Ordinance No.
Page 2
!
2 Section 4.
3 This section shall become operative upon the repeal of Section
3 of this ordinance. Pursuant to Elections Code Section 2601, the
4 City of Tustin's general municipal election shall be held on the
second Tuesday in April of even-numbered years.
Section 5.
6
As a result of the adoption of this ordinance, no term of
7 office shall be increased or decreased by more than twelve (12)
months.
8
Section 6.
9
This ordinance shall be operative upon the approval of the
]0 Board of Supervisors of the County of Orange. Accordingly, the
City Clerk is directed to transmit a certified copy of this
]! ordinance to the Board of Supervisors of the County of Orange,
along with a request that the Board approve this ordinance.
12
Section 7.
]3
Within thirty (30) days of the operative date of this
]4 ordinance, as described in Section 6, the City Clerk shall cause a
notice to be mailed to all registered voters informing the voters
]5 of the change in the election date as specified in Section 3, and
that as a result of the change in the election dates, elected city
]6 officeholders terms of office will be changed.
]7 Section 8.
Is Within thirty (30) days of the operative date of Section 4 of
this ordinance, the City Clerk shall cause a notice to be mailed to
]9 all registered voters informing the voters of the change in the
election date as specified in Section 4, and that as a result of
20 the change in the election date, elected city officeholders terms
of office will be changed.
2]
Section 9. Severability.
22
If any sentence, clause, phrase, or portion of this Ordinance,
23 is for any reason held to be invalid or unconstitutional by the
decision of any court of competent jurisdiction, such decision
24 shall not affect the validity of the remaining portions of this
Ordinance. The City Council of the City of Tustin hereby declare
25 that they would have adopted this Ordinance, and each section,
subsection, subdivision, sentence, clause, phrase, or portion
26 thereof, irrespective of the ~act that any one or more sections,
subsections, subdivisions, sentences, clauses, phrases, or portions
27 thereof be declared invalid or unconstitutional.
2~
Ordinance No.
Page 3
PASSED ANDADOPTED, at a regular meeting ~~ Council
for the City of Tustin on this 17th day of October , 1994.
THOMAS R. S Mayor
ATTEST:
City of Tustin
ORDINANCE CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
ORDINANCE NO. 1139
Mary'E. Wynn, City Clerk and ex-officio Clerk of the City Council of
the City of Tustin, California, does hereby certify that the whole
number of the members of the City Council of the City of Tustin is
five; that the above and foregoing Ordinance No. 1139 was introduced at
a regular meeting of the City Council held on October 3, 1994 and was
passed and adopted at a regular meeting of the City Council held on
October 17, 1994, by the following vote:
COUNCILMEMBER AYES: Saltarelli, Potts, Thomas, Worley
COUNCILMEMBER NOES: Doyle
COUNCILMEMBER ABSTAINED: None
COUNCILMEMBER ABSENT: None
r~E. Wynn, City Clerk