Resolution No. 89571
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RESOLUTION NO. 8957
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON, CALIFORNIA, CANCELING THE ELECTION TO BE
HELD 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
appointment of the nominees for office in a. City of Vernon municipal
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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; and
WHEREAS, by Resolution Nos. 8953, 8954 and 8955 adopted on
January 19, 2006, the City Council of the City of Vernon appointed
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ILeonis C. Malburg, Thomas A. Ybarra and William McCormick, respectively,
to the offices to which they were nominated.
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: The election scheduled to be held on Tuesday,
April 11, 2006, is hereby cancelled, and the City Clerk is hereby
directed to notify the Los Angeles County Registrar of Voters of the
cancellation of the election.
SECTION 3: 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 1st day of February, 2006.
ATTEST:
r
BRUCE MALKENHORST, JR.
Acting City Clerk
LEONIS C. MA BURG, Mayor
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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. 8957, 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. MALKENHORST, JR.
Acting City Clerk
I (S EAL )
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