Resolution No. 89541
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RESOLUTION NO. 8954
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON, CALIFORNIA, APPOINTING LEONIS C. MALBURG TO
THE CITY COUNCIL OFFICE THAT WAS TO BE ELECTED ON
TUESDAY, APRIL 11, 2006
WHEREAS, a General Municipal Election is scheduled for
Tuesday, April 11, 2006, to fill three vacancies on the City Council of
the City of Vernon for the full term of four years; and
WHEREAS, the General Municipal Election is required by the
Charter of the City of Vernon and was called by Resolution No. 8898,
which was approved and adopted on November 16, 2005; and
WHEREAS, Resolution No. 8899 was approved and adopted on
November 16, 2005, requesting the Board of Supervisors of the County
of Los Angeles to render specified services to the City relating to
the conduct of the General Municipal Election to be held on Tuesday,
April 11, 2006;,and
WHEREAS, Resolution No. 8900 was approved and adopted on
November 16, 2005, adopting regulations for candidates for elective
offices pertaining to candidates' statements submitted to the voters
at the General Municipal Election to be held on Tuesday, April 11,
2006; and
WHEREAS, a Notice of Election was properly given on
December 14, 2005; and
WHEREAS, the nomination period began on December 19, 2005 and
ended on January 13, 2006; and
WHEREAS, Section 2.90 of the Vernon City Code and Section
10229'of the Elections Code of the State of California, authorize the
1 appointment of the nominees for office in a City of Vernon municipal
2 election if the election is uncontested; and
3 WHEREAS, as of 5:00 p.m. on January 13, 2006, only one person
4 was nominated for each of the three elected offices to be elected in
5 this City, said nominees consisting of Leonis C. Malburg, Thomas A.
6 Ybarra and William McCormick; and
7 WHEREAS, the Acting City Clerk has submitted a certification
8 of these facts to the City Council; and
9 WHEREAS, Section 2.90 of the Vernon City Code and Section
10 10229 of the Elections Code allows one of the following courses of
11 action to be taken by the City Council:
12 1. Appoint to an office the person who has been nominated.)
13 2. Appoint to an office any eligible voter if no one has
14 been nominated.
15 3. Hold the election if no appointment has been made; and
16 WHEREAS, pursuant to Section 10229 of the Elections Code, a
17 notice that only the above -named persons were nominated for each office
18 was published in a newspaper of general circulation and in a manner
19 consistent with the requirements of Government Code Section 6061; and
20 WHEREAS, the publication occurred on January 14, 2006; and
21 WHEREAS, Section 10229 of the Elections Code provides that
22 said appointments may be made "after the fifth day following the date of
23 posting or publication" and Section 2.90 of the Vernon City Code
24 provides that said appointments shall be made "by the 50th day prior to
25 the municipal election;" and
26 WHEREAS, the 50th day prior to the municipal election falls on
27 February 21, 2006.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON.AS FOLLOWS:.
SECTION 1: The City Council of the City of Vernon hereby
finds and determines that the recitals contained hereinabove are true
land correct.
SECTION 2 Pursuant to Section 2.90 of the Vernon City Code,
the following persons is.hereby appointed to the office to which he was
(nominated:
NAME OFFICE TERM
LEONIS C. MALBURG Member of the City Council Four Years
SECTION 3s The person appointed qualifies and shall take
office and serve exactly as if elected at a municipal election for the
office.
SECTION 4: The Acting City Clerk of the City of Vernon
shall certify to the passage of this resolution, and thereupon and
thereafter the same shall be in full force and effect.
APPROVED AND ADOPTED this 18t day of February, 2006.
ATTEST:
BR E V. MALKENHORST, JR.
Acting City Clerk
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'EQONfS'C. BURG, IlMayor
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STATE OF CALIFORNIA
ss
COUNTY OF LOS ANGELES )
I, BRUCE V. MALKENHORST, JR., Acting City Clerk of the City of
Vernon, do hereby certify that the foregoing Resolution, being
Resolution No. 8954 was _duly adopted by the City Council of the City
of Vernon at a regular meeting of the City Council duly held on
Wednesday, February 1, 2006, and thereafter was duly signed by the
Mayor of the City of Vernon.
BRUCE V. MATKENHORST, JR.
Acting City Clerk
I (S EAL )
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