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HomeMy WebLinkAbout2007-04-17; City Council; NS-836; Amending sections 2.04.030 and 2.06.080...1 2 3 4 CARLSBAD MUNICIPAL CODE TO BE CONSISTENT WITH STATE LAW 5 NOW, THEREFORE, the City Council of the City of Carlsbad ordains 6 7 8 9 10 11 12 13 14 16 17 18 19 20 21 23 24 25 ORDINANCE NO. NS-836 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, TO AMEND SECTIONS 2.04.030 AND 2.06.080 OF THE as follows: That sections 2.04.030 and 2.06.080 of the Carlsbad Municipal Code is amended to read as follows: "2.04.030 Vacancies-Special election to fill after a term of temporary appointee. This section is adopted pursuant to the authority of California Government Code Section 36512. If a vacancy occurs in an elected office provided for in Chapter 1 of Part 1 of Division 3 of the California Government Code (Government Code Section 36500 et seq.), the council shall, within thirty days of the effective date of the vacancy, either fill the vacancy by appointment or call a special election to fill the vacancy, provided, however, that when petitions bearing ten percent of the verified signatures of registered voters are presented to the city clerk, a special election shall be called. A person appointed by the council to fill a vacancy in such circumstances, shall hold office until the date of the special election. The special election shall be held on the next regularly established election date not less than one hundred fourteen days from the call of the special election. A person appointed, when no special election has been called, or elected to fill a vacancy holds office for the unexpired term of the former incumbent."22 "2.06.080 Vacancy in office. In the case of a vacancy in the office of the mayor for any reason, the city council shall, within thirty days of the effective date of the vacancy, either fill the vacancy by appointment or call a special election to fill the vacancy, provided, however, 26 that when petitions bearing ten percent of the verified 27 signatures of registered voters are presented to the city clerk, a special election shall be called. If the city council fails to fill 28 the vacancy within thirty days, it shall immediately call an election to fill the vacancy, to be held on the next established 1 2 3 4 5 6 it to be published at least once in a newspaper of general circulation in the City of 7 Carlsbad within fifteen days after its adoption. 8 INTRODUCED AND FIRST READ at a regular meeting of the g Carlsbad City Council on the 10th day of April. 2007, and thereafter.10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 election date to be held not less than one hundred fourteen days thereafter. A person appointed or elected to fill a vacancy shall hold office for the unexpired term of the former incumbent." EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; and the City Clerk shall certify the adoption of this ordinance and cause 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 17th day of April, 2007, by the following vote: AYES: Council Members Lewis, Kulchin, Hall, Packard NOES: None ABSENT: Council Member Nygaard ABSTAIN: None APPROVED AS TO FORM AND LEGALITY X RONALD ^ BALL, City Attorney ATTEST: