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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 Ordinance Nos. 1032 and 1048 are hereby repealed.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 This section shall be repealed as of the end of the ~ state legislative session in 1997 if the state has not authorized a March statewide direct primary for 1998. 23 B. Beginning in 1996,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