HomeMy WebLinkAboutORD 1048 (1990)1 ORDINANCE NO. 1048
AN ORDINANCE OF THE CITY COUNCIL OF THE
3 CITY OF TUSTIN, CALIFORNIA REPEALING
ORDINANCE NO. 980 WHICH REQUIRED THE
4 CITY'S GENERAL MUNICIPAL ELECTION TO BE
CONSOLIDATED WITH THE STATEWIDE GENERAL
5 ELECTION HELD IN NOVEMBER OF EVEN
NUMBERED YEARS PURSUANT TO SECTION
6 36503.5 OF THE GOVERNMENT CODE
The City Council of the City of Tustin hereby finds and
8 determines as follows:
WHEREAS, Ordinance No. 1032 was duly and regularly adopted on
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November 20, 1989, and
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WHEREAS, certain legal actions have been filed in Orange
11 County Superior Court challenging the adoption of Ordinance No.
1032, including Case No. X618541, Earl Prescott, et al. v. City q~
12 Tustin, et al., and Case No. 619899, Earl Prescott, et al. v. City
of Tustin, et al. (hereinafter "pending lawsuits"); and
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WHEREAS, on April 2, 1990, the Orange County Superior Court,
14 per the Honorable David H. Brickner, ruled that Ordinance No. 1032
is valid, refused at that time to issue a writ of mandate or to
15 preliminarily and/or permanently enjoin the general election of the
City of Tustin then scheduled by Ordinance No. 1032 for April !0,
16 1990; and subsequently entered judgment in Case No. 619899 in favor
of the City of Tustin, the City Council of the City of Tustin and
17 the City Clerk of the City of Tustin; and
18 WHEREAS, a general election of the City of Tustin was duly and
regularly held on April 10, 1990 as called for by Ordinance No.
19 1032; and
WHEREAS, counsel.for plaintiffs and petitioners in the pending
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lawsuits have in open court stated that they do not now seek
21 invalidation of the election held on April 10, 1990 and neither do
they seek to oust those councj. lmembers elected at that election,
22 but, nevertheless, plaintiff and petitioners continue to assert
that due to the alleged invalidity of Ordinance No. 1032 all future
23 general elections of the City of Tustin should be held in November
of even numbered years pursuant to former Ordinance No. 980, rather
than in April of even numbered years as called for pursuant to
Ordinance No. 1032; and
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WHEREAS, the City Council of the City of Tustin and the City
of Tustin remain convinced of the validity of Ordinance No. 1032,
and that it was properly and duly enacted; and
WHEREAS, the City Council of the City of Tustin desires to
28 resolve the remaining dispute and pending lawsuits without the need
1
of continued, protracted, expensive litigation, and to that end
2 desire to reenact the operative provisions of Ordinance No. 1032;
and
WHEREAS, nothing in this Ordinance shall in any way be
4 construed as admission of any of the allegations in the pending
lawsuits:
5
NOW,. THEREFORE, the City Council of the City of Tustin does
6 hereby ordain as follows:
Section 1: Ordinance No. 980 is hereby repealed.
Section 2: The City Clerk is directed to conduct the general
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municipal election on the 2nd Tuesday in April of an even numbered
9 year, to canvass the return of the general municipal election, and
to otherwise conduct the election in all respects pursuant to the
10 provisions of Elections Code Section 22800~ and following,
pertaining to municipal elections.
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Section 3: The period to nominate candidates for the general
12 municipal election shall be as set forth in Elections Code Section
22836.
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Section 4: The general municipal election following adoption
of this Ordinance and each municipal election thereafter shall be
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held on the date for general municipal elections held in April of
15 even numbered years.
16 PASSED AND ADOPTED at a regular meeting of the City Council
of the City of Tustin held on the 17th day of Sept. 19 90
le Ich& d B. Edgar, M or
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21 Mary E.~nn, C~it~Clerk
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City of Tustin
ORDINANCE CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
ORDINANCE NO. 1048
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. 1048 was duly and
regularly introduced and read at a regular meeting of the City Council
held on the 4th day of September, 1990, and was given its second
reading and duly passed and adopted at a regular meeting held on the
17th dayof September, 1990, by the following vote:
COUNCILMEMBER AYES: Edgar, Puckett, Pontious, Potts
COUNCILMEMBER NOES: Prescott
COUNCILMEMBER ABSTAINED: None
COUNCILMEMBER ABSENT: None
Mary Wynn, Cit~ Clerk