HomeMy WebLinkAbout12 ELECTION DATE CHG 10-17-94 N/O. 12
~, ~y/10-17-94
Inter-Com
ATE:
OCTOBER 17, 1994
TO:
FROM:
SUBJEC~
WILLIAM A. HUSTON, CITY MANAGER
OFFICE OF THE CITY CLERK
ORDINANCE NO. ~39~ CHANGING GENERAL
D~TES
M~NZCIPAL
ELECTION
RECOMMENDATION:
Have second reading by title only and adoption of Ordinance No.
(roll call vote).
1139
BACKGROUND:
The following Ordinance No. 1139 had first reading and introduction
at the October 3, 1994 City Council meeting:
ORDINANCE NO. 1139 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, REPEALING ORDINANCE NOS. 1032 AND 1048 AND
REQUIRING THAT BEGINNING IN 1996, THE GENERAL MUNICIPAL ELECTION BE
HELD IN MARCH, ON THE SAME DAY AS THE STATEWIDE DIRECT PRIMARY
ELECTION, AND PROVIDING THAT IF THE STATE LEGISLATURE FAILS TO
PROVIDE AUTHORIZATION FOR A STATEWIDE DIRECT PRIMARY IN MARCH OF
1998, THE CITY'S GENERAL MUNICIPAL ELECTION, BEGINNING IN 1998,
SHALL BE HELD ON THE SECOND TUESDAY IN APRIL OF EVEN-NUMBERED YEARS
Valerie Crabill
f--Chief Deputy City Clerk
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1139
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, REPEALING ORDINANCE NOS.
1032 AND 1048 AND REQUIRING THAT BEGINNING IN
1996, THE GENERAL MUNICIPAL ELECTION BE HELD IN
MARCH, ON THE SAME DAY AS THE STATEWIDE DIRECT
PRIMARY ELECTION, AND PROVIDING THAT IF THE STATE
LEGISLATURE FAILS TO PROVIDE AUTHORIZATION FOR A
STATEWIDE DIRECT PRIMARY IN MARCH OF 1998,
THE CITY'S GENERAL MUNICIPAL ELECTION, BEGINNING
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
hereby ordain as follows:
Section 1.
The purpose and intent of this ordinance is to permit the
consolidation of the City's next general municipal election with
the statewide direct primary election that will be held on the
fourth Tuesday in March of 1996 at the same time as the presiden-
tial primary and to permit the City's general municipal election to
be held in March of subsequent even-numbered years if state law is
changed to provide for a March statewide direct primary beginnir
in 1998. An additional purpose and intent of this ordinance is [
authorize a return to a general municipal election date of the
second Tuesday in April of even-numbered years, if state law does
not provide for a March statewide direct primary beginning in 1998.
Section 2.
Ordinance Nos. 1032 and 1048 are hereby repealed.
Section 3..
A. This section shall remain in effect as long as state
law authorizes a statewide direct primary election in March of
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.
B. Beginning in 1996, pursuant to Government Code
Section 36503.5, the City of Tustin's general municipal election
shall be held on the same day as the statewide direct primary
election, which shall be held on the fourth Tuesday in March. The
time period in which to file as a candidate for the general
municipal election shall be the same as that for the statewide
direct primary election.
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Ordinance No.
PaGe 2
Section 4.
This section shall become operative upon the repeal of Section
3 of this ordinance. Pursuant to Elections Code Section 2601, the
City of Tustin's General municipal election shall be held on the
second Tuesday in April of even-numbered years.
Section 5.
As a result of the adoption of this ordinance, no term of
office shall be increased or decreased by more than twelve (12)
months.
Section 6.
This ordinance shall be operative upon the approval of the
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.
Section 7.
Within thirty (30) days of the operative date of this
ordinance, as described in Section 6, the City Clerk shall cause a
notice to be mailed to all registered voters informinG the voters
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
officeholders terms of office will be changed.
Section 8.
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
all registered voters informinG the voters of the change in the
election date as specified in Section 4, and that as a result of
the change in the election date, elected city officeholders terms
of office will be changed.
Section 9.
Severability.
If any sentence, clause, phrase, or portion of this Ordinance,
is for any reason held to be invalid or unconstitutional by the
decision of any court of competent jurisdiction, such decision
shall not affect the validity of the remaining portions of this
Ordinance. The City Council of the City of Tustin hereby declare
that they would have adopted this Ordinance, and each section,
subsection, subdivision, sentence, clause, phrase, or portion
thereof, irrespective of the fact that any one or more sections,
subsections, subdivisions, sentences, clauses, phrases, or portions
thereof be declared invalid or unconstitutional.
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Ordinance No.
Page 3
PASSED AND ADOPTED, at a regular meeting of the City Council
f6r the City of Tustin on this day of , 1994.
ATTEST:
THOMAS R. SALTARELLI, Mayor
MARY E. WYNN, City Clerk
(TT1)