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Home My WebLink About20443 - RESOLUTIONS - 8/7/2002 RESOLUTION NO. 20443 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, ' CALIFORNIA, CALLING AND GIVING NOTICE OF HOLDING OF A SPECIAL MUNICIPAL ELECTION TO BE CONSOLIDATED WITH THE GENERAL STATE ELECTION TO BE HELD ON NOVEMBER 5, 2002 FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED VOTERS OF SAID CITY, ONE CHARTER AMENDMENT (COUNCIL INITIATIVE) RELATED TO COUNCIL VACANCIES WHEREAS a regular General State Election shall be held on Tuesday, November 5, 2002; and WHEREAS council initiatives proposing charter amendment concerning Council Vacancies was designated; and WHEREAS, the City Council has determined to place said matter before the qualified voters of the City of Palm Springs; NOW THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs, as follows: Section 1 That there shall be and there is hereby ordered a special municipal election, to be consolidated with the general state election to be held November 5, 2002, for the purpose of submitting to the qualified electors of said City, the following measure, to wit: ' MEASURE z Shall the City Charter be amended so that after a City Council election is called by the Council or within 90 days after the City Council election, if a vacancy occurs on the City Council, the City Council must appoint the next highest vote getter to that open seat? Section 2. That the proposed measures submitted to the voters are attached as Exhibit C. Section 3. That the City Clerk is hereby directed to transmit a copy of the measure set forth in Section 1 above to the City Attorney, who shall prepare an impartial analysis of the measure in accordance with Section 9280 of the California Elections Code. Section 4 That such measure shall be designated on the ballot by a letter printed on the left margin of the square containing a description of the measure, as provided by Section 13116 of said Elections Code. In the event the measure receives a greater number of YES votes than NO votes, the measure shall be deemed supported by the voters. In the event the measure receives a greater number of NO votes than YES , votes, the measure shall be deemed unsupported by the voters. Section 5. The ballots to be used at said election shall be, both as to form and matter contained therein, such as may be required by law to be used thereat. Res. No. 20443 Page ..2 Section 6. The City Clerk of said City is hereby authorized, instructed and directed to procure and furnish, through the Registrar of Voters for the County of Riverside or other resource as necessary, any and all official ballots, notices, printed material and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct said election. Section 7. The polls for said election shall be open at seven o'clock a.m. on the day of said election and shall remain open continuously from said time until eight o'clock p.m. of the same day when said polls shall be closed, except as provided in Section 14401 of the Elections Code of the State of California. Section 8. In all particulars not recited in this Resolution, said election shall be held and conducted as provided by law for holding consolidated municipal elections in said City. Section 9. Notice of time and place of holding said election is hereby given and the City Clerk is hereby authorized, instructed and directed to give such further or additional notice of said election, in time, form and manner as required by law. Section 10. That the City Clerk shall reimburse said County, or other resource, for services performed when the work is completed and upon presentation to the City of a properly approved bill. Section 11. Pursuant to Section 10263 of the Elections Code of the State of California, the canvass of the Special Municipal Election to be held in said City is hereby ' ordered to be made by the City Clerk. Section 12. The City Clerk of said City shall cause to be complete the canvass of said election and shall certify the results to the City Council by December 3, 2002. ADOPTED this 7thday of August 2002. AYES: Members Hodges, Mills, Oden and Reller-Spurgin NOES: Mayor %leindienst ABSENT: None ATTEST: CITY OF PALM SPRINGS, CALIFORNIA �2 City Clerk City Mana er% REVIEWED & APPROVED: Resolution 20443 Pao3 EI'ALLOT QUESTION Shall the City Charter be amended so that after a City Council election is called by the Council or within 90 days after the City Council election if a vacancy occurs on the City ' Council the City Council must appoint the next highest vote getter to that open seat? EXHIBIT C "305.5 Vacancy-Immediately Before or After'Election. Notwithstanding Section 305 of the City Charter, if a vacancy on the city council occurs for any reason after the adoption of a Resolution by the City Council calling for a general municipal election to elect members to the City Council, but not more than ninety (90) days after the date of that general municipal election, the person who received the highest,number of votes in said election, but was not elected, shall be appointed by the City Council to fill that vacancy. The person appointed pursuant to this section shall serve the remaining unexpired term of the office. This section shall not apply to a vacancy in the office of mayor, nor shall a candidate for mayor be appointed to the city council pursuant to this section." (Text of Measure submitted by Council initiative)