HomeMy WebLinkAbout2000-01-25; City Council; 15579; Adopt NS-529 Regarding Vacancies/Special ElectionsCl-P OF CARLSBAD - AGENaQ BILL
4B # ~4379 TITLE: ADOPTION OF ORDINANCE NO. NS-529
MTG. l/25/00 VACANCIES-SPECIAL ELECTION TO FILL
DEPT. CLK AFTER TERM OF TEMPORARY APPOINTEE
RECOMMENDED ACTION:
DEPT. HD. afir
CITY ATTY -
CITY MGR. -
Adopt Ordinance No. NS-529, amending Section 2.04.030 of the Carlsbad Municipal Code to
be consistent with State law.
ITEM EXPLANATION
Ordinance No. NS-529 was introduced and first read at the City Council meeting held on
January 11,200O. The second reading allows the City Council to adopt the ordinance which
would then become effective in thirty days. The City Clerk will have the ordinance published
within fifteen days, if adopted.
FISCAL IMPACT
See Agenda Bill No. 15,573 on file with the City Clerk.
EXHIBIT
1. Ordinance No. NS-529.
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ORDINANCE NO. NS-529
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA TO AMEND SECTION
2.04.030 OF THE CARLSBAD MUNICIPAL CODE TO BE
CONSISTENT WITH STATE LAW.
The City Council of the City of Carlsbad, California does ordain as follows:
SECTION I: That section 2.04.030 of the Carlsbad Municipal Code is
amended to read as follows:
β2.04.030 Vacancies-Special election to fill after a term of temDorarv
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 from the commencement 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 114 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.β
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 it to
be published at least once in a newspaper of general circulation in the City of Cadsbad
within fifteen days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad
City Council on the 1 lth day of JANUARY ,2000, and thereafter
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Page 1 of 2 of Ordinance No. NS-: 529
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PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Carlsbad on the 18th day of January , 2000, by the following vote, toβ
wit:
AYES: Council Members Lewis, Hall, Finnila, and Nygaard
NOES: None
ABSENT: Council Member Kulchin
APPROVED AS TO FORM AND LEGALITY
ATTEST: β
(SEAL) LORRAINE M. WOOD, City Clerk
Page 2 of 2 of Ordinance No. NS-529