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Ordinance No. 10981 ORDINANCE NO. 1098 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF 3 VERNON ESTABLISHING A DATE FOR THE INSTALLATION OF NEWLY ELECTED OFFICERS AND DECLARING THAT SAID 4 ORDINANCE SHALL TAKE EFFECT IMMEDIATELY 5 6 WHEREAS, Section 3.4 of the Charter of the City of Vernon 7 provides that the City Council shall canvass the returns of an election 8 on the first Tuesday following a City Council election or such other 9 date within fifteen days of the election as may be provided by 10 ordinance and that the term of the Councilmember shall begin at the 11 hour of the completion of the canvass of the election returns; and 12 WHEREAS, on January 3, 2001, the City Council of the City of 13 Vernon adopted Ordinance No. 1081 establishing the first and third 14 Wednesday of each month for regular meetings of the City Council of the 15 City of Vernon; and 16 WHEREAS, in order to allow the City Council to take action 17 related to the election on the Wednesday after the election date, at 18 its regularly scheduled meeting, instead of Tuesday as provided for in 19 the Charter, the City Council intends to adopt this ordinance; and 20 WHEREAS, Section 4.3 of the Charter of the City of Vernon 21 allows an ordinance to be introduced and adopted at one meeting if it 22 relates to an election. 23 THE CITY COUNCIL OF THE CITY OF VERNON HEREBY ORDAINS: 24 SECTION 1: The City Council of the City of Vernon hereby 25 finds and determines that the recitals contained hereinabove are true 26 and correct. 27 SECTION 2: With respect to the General Municipal Election 28 that was to be held on April 13, 2004, the City Council of the City of 1 Vernon shall meet at their usual place of meeting on the third 2 Wednesday of the month after the election instead of the first or 3 second Tuesday after the election for the purpose of installing the 4 councilmembers. 5 SECTION 3: Any ordinance or parts of ordinances in conflict 6 with this Ordinance are hereby repealed. 7 SECTION 4: If any section, subsection, sentence, clause, 8 phrase or word of this Ordinance is for any reason held to be void or 9 unconstitutional, such decision shall not affect the validity of the 10 remaining portions of this Ordinance; it being the intention of the 11 City Council of the City of Vernon to pass and adopt this Ordinance and - 12 each section, subsection, sentence, clause or phrase thereof 13 irrespective of the fact that one or more of the sections, subsections, 14 clauses, sentences or phrases thereof may be declared to be invalid or 15 unconstitutional. 16 SECTION 5: There being no newspaper printed, published or 17 circulated in the City of Vernon, the City Clerk is hereby directed to 18 certify to the passage of this Ordinance and shall post the same, or 19 cause the same to be posted, within fifteen (15) days after its passage 20 in accordance with Section 36933 of the Government Code, as well as 21 Vernon Code Sections 1.9 and 1.10, in three (3) of the most public 22 places in the City of Vernon, to wit: the northwest corner of 38th 23 Street and Santa Fe Avenue, the northeast corner of Leonis Boulevard 24 and Pacific Boulevard, and on the bulletin board in the lobby of the 25 City Hall of said City, located at 4305 Santa Fe Avenue, all in the 26 City of Vernon, County of Los Angeles, State of California. 27 28 -2- 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 I adoption. SECTION 6: This Ordinance shall take effect immediately upon APPROVED AND ADOPTED this 2'8TH day of January, 2004. ATTEST: 4 BRUCE V. MALKENHORST, City Clerk LEONIS C. MALB G, Mayor -3- 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 STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, d< hereby certify that the foregoing Ordinance, being Ordinance No. 1098, was duly and regularly introduced at an adjourned regular meeting of the City Council of the City of Vernon, held on Wednesday, January 28, 2004, and thereafter was duly signed by the Mayor of the City of Vernon, by the following vote: AYES: Councilmen:Malburg, Ybarra, Davis, and McCormic (SEAL) NOES: Councilmen: None ABSTAINED: Councilmen: None ABSENT: Councilmen: Gonzales BRUCE V. MALKENHORST, City Clerk ff-IN AFFIDAVIT OF POSTING STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) ss CITY OF VERNON ) I, Gloria J. Orosco, Chief Deputy City Clerk, of the City of Vernon do hereby certify that I had, on the 29th of January 2004, posted one (1) copy of: Ordinance No. 1098 - An Ordinance of the City Council of the City of Vernon Establishing a Date for the Installation of Newly Elected Officers and Declaring that Said Ordinance Shall Take Effect Immediately. On each of the following place, to wit: on the bulletin board in.the lobby of the City Hall of the City of Vernon located at 4305 Santa Fe Avenue, all in said City, there being no newspaper of general circulation printed and published in the City of Vernon. Date : / Q Glo is J. rrMo Chief Deputy City Clerk State of California ) ) ss County of Los Angeles) f� On before me, 9&tue6 C Notary Public C personally appeared T Personally known to me (or known to me on the basis of satisfactory evidence) to be the person( whose name(,e') is/,ai-e subscribed to the 'within instrument and acknowledged to me that hejshe/t-y executed the same in b�/her/tli"r authorized capacity, and that by h-i-e/her/tom signature �sj on the instrument the person(aT, or the entity upon behalf of which the person(.o' acted, executed the instrument. WITLESS my hand and official seal MANUE' ' l a: i➢�) Commission # 1328374 Z Z Notary Public - California > Los Angeles County My Comm, Expire- WV q, 20 CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES)§ CITY OF VERNON ) I, Gloria J. Orosco, Chief Deputy City Clerk of the City of Vernon, County of Los Angeles, State of California, do hereby certify that the attached is a true and correct copy of Ordinance 1098, entitled: Ordinance No. 1098 - An Ordinance of the City Council of the City of Vernon Establishing a Date for the Installation of Newly Elected Officers and Declaring that Said Ordinance Shall Take Effect Immediately. The original of said record has been retained in the offices of the City Clerk of the City of Vernon, said offices being in the City of Vernon, County of Los Angeles, State of California. IN WITNESS HEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Vernon, County of Los Angeles, State of California, this 29th day of January, 2004. SEAL: G1 ria J. Or co Chief Deputy City Clerk CITY COUNCIL LEONIS C. MALBURG Mayor THOMAS A. YBARRA Mayor Pro-Tem WM. 'BILL" DAVIS Councilman H. "LARRY" GONZALES Councilman W. MICHAEL MCCORMICK Councilman BRUCE V. MALKENHORST City Administrator/City Clerk FAX (323) 826-1438 CITY HALL 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 TELEPHONE (323) 583-8811 ERIC T. FRESCH Acting City Attorney FAX: (323) 826-1433 KEVIN WILSON Director of Community Services & Water FAX: (323) 826-1435 KENNETH J. DeDARIO Director of Light & Power FAX: (323) 826-1425 STEVEN E. PARKER Fire Chief FAX: (323) 826-1407 BRUCE W. OLSON Police Chief FAX: (323) 826-1481 January 22, 2004 C�- b1A City Council �2�g (.�� City of Vernon Honorable Members: I hereby certify that, pursuant to the Vernon City Code Section 2.90 and Section 10229 of the Elections Code of the State of California relating to the General Municipal Election to be held on Tuesday, April 13, 2004: At the close of the nomination period on January 19, 2004, there are not more candidates than offices to be elected. The persons so nominated are: Hilario Gonzales William J. Davis Vernon City Code Section 2.90 and Section 10229 of the Elections Code allows one of the following courses of action to be taken by the City Council: 1. Appoint to the office the person who has been nominated. 2. Appoint to the office any eligible voter if no one has been nominated. 3. Hold the election if either no one or only one person has been nominated. A notice of these facts will be published on January 28, 2004, in a newspaper of general circulation nearest to the City pursuant to Section 6061 of the Government Code. After the fifth day following the date of publication, the City Council will meet again to either make the appointments or direct an election to be held. The persons appointed, if any, shall qualify and take office and serve exactly as if elected at a municipal election for the office. According to the Vernon City Code Section 2.90, if, by the 50th day before the municipal election, no person has been appointed to the offices pursuant to (1) or (2) above, the election shall be held. 0 There are not more candidates than offices to be elected. Page 2 If the City Council makes'an appointment pursuant to Vernon City Code Section 2.90 and Section 10229 of the Election Code, the City Clerk shall not accept for filing any statement of write-in candidacy, which is submitted after the appointment is made. Very truly yours, Bruce V. Malkenhorst City Clerk BVM/ng I, William Wilson, Code Enforcement Inspector, of the City of Vernon do hereby certify that I did, on the 29th of January 2004, post two ( 2 ) copies of: Ordinance No. 1098 - An Ordinance of the City Council of the City of Vernon Establishing a Date for the Installation of Newly Elected Officers and Declaring that Said Ordinance Shall Take Effect Immediately. On each of the following places, to wit: at the northwest corner of 38th Street and Santa Fe Avenue; the northeast corner of Leonis Blvd., and Pacific Blvd., all in said City, there being no newspaper of general circulation printed and published in the City of Vernon. Date: 2 Z Uj2 J_� William Wilson Code Enforcement Inspector State of California ) ) ss County of Los Angeles) On before me, N to y Public personally appeared We U to/Sd0h. Personally known to me (or known to me on the basis of satisfactory evidence) to be the person(gj whose name(,) is/ai-e subscribed to the within instrument and acknowledged to me that he/sue/J- executed the same in his/her/their authorized capacity, and that by his/.�a /. tr signature O on the instrument the person(4r), or the entity upon behalf of which the person Wj acted, executed the instrument. WITNESS my hand and official seal GLO A J. OROSCO>41 r�"pp Comm. # 1370778 41 NOTARY PUBLIC-CALIFORNIA Los Angeles County My Comm. Expires Aug. 27, 2006 +