Resolution No. 89551 RESOLUTION NO. 8955
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3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
4 VERNON, CALIFORNIA, APPOINTING THOMAS A. YBARRA TO
THE CITY COUNCIL OFFICE THAT WAS TO BE ELECTED ON
5 TUESDAY, APRIL 11, 2006
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7 WHEREAS, a General Municipal Election is scheduled for
8 Tuesday, April 11, 2006, to fill three vacancies on the City Council of
9 the City of Vernon for the full term of four years; and
10 WHEREAS, the General Municipal Election is required by the
11 Charter of the City of Vernon and was called by Resolution No. 8898,
12 which was approved and adopted on November 16, 2005; and
13 WHEREAS, Resolution No. 8899 was approved and adopted on
14 November 16, 2005, requesting the Board of Supervisors of the County
15 of Los Angeles to render specified services to the City relating to
16 the conduct of the General Municipal Election to be held on Tuesday,
17 April 11, 2006; and
18 WHEREAS, Resolution No. 8900 was approved and adopted on
19 November 16, 2005, adopting regulations for candidates for elective
20 offices pertaining to candidates' statements submitted to the voters
21 at the General Municipal Election to be held on Tuesday, April 11,
22 2006; and
23 WHEREAS, a Notice of Election was properly given on
24 December 14, 2005; and
25 WHEREAS, the nomination period began on December 19, 2005 and
26 ended on January 13, 2006; and
27 WHEREAS, Section 2.90 of the Vernon City Code and Section
28 10229 of the Elections Code of the State of California, authorize the
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appointment of the nominees for office in a City of Vernon municipal
election if the election is uncontested; and
WHEREAS, as of 5:00 p.m. on January 13, 2006, only one person
was nominated for each of the three elected offices to be elected in
this City, said nominees consisting of Leonis C. Malburg, Thomas A.
Ybarra and William McCormick; and
WHEREAS, the Acting City Clerk has submitted a certification
of these facts to the City Council; and
WHEREAS, Section 2.90 of the Vernon City Code 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 an office the person who has been nominated.
2. Appoint to an office any eligible voter if no one has
Ibeen nominated.
3. Hold the election if no appointment has been made; and
WHEREAS, pursuant to Section 10229 of the Elections Code, a
notice that only the above -named persons were nominated for each office
was published in a newspaper of general circulation and in a manner
consistent with the requirements of Government Code Section 6061; and
WHEREAS, the publication occurred on January 14, 2006; and
WHEREAS, Section 10229 of the Elections Code provides that
said appointments may be made "after the fifth day following the date of
posting or publication" and Section 2.90 of the Vernon City Code
provides that said appointments shall be made "by the 50th day prior to
the municipal election;" and
WHEREAS, the 50th day prior to the municipal election falls on
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
and correct.
SECTION 2: Pursuant to Section 2.90 of the Vernon City Code,
the following person is hereby appointed to the office to which he was
nominated:
NAME OFFICE TERM
THOMAS A. YBARRA Member of the City Council Four Years
SECTION 3: 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 lst day of February, 2006.
ATTEST:
BRUC V LKENHORST, JR.
Acting City Clerk
EONIS C. MAL URG, Aayor
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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. 8955, 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.
(SEAL)
BRUCE V. MALKENHORST, JR.
Acting City Clerk
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