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HomeMy WebLinkAboutReso 2012-127RESOLUTION NO. 2012-127 RESOLUTION OF THE CITY COUNCIL OF TAE CITY OF CHULA VISTA CALLING AND GIVING NOTICE OF A SPECIAL MUNICIPAL ELECTION TO BE HELD NOVEMBER 6, 2012 FOR THE PURPOSE OF CONDUCTING A SPECIAL RUN-OFF ELECTION TO ELECT TWO MEMBERS OF THE CITY COUNCIL, PURSUANT TO CHULA VISTA CHARTER SECTION 300(G); CONSOLIDATING THE ELECTION WITH THE STATEWIDE ELECTION; REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO TO PERMIT THE REGISTRAR OF VOTERS TO CONDUCT THE ELECTION; AND AUTHORIZING THE CITY CLERK OR HER DULY AUTHORIZED AGENTS TO CARRY OUT THE NECESSARY PROCEDURES FOR SUCH ELECTION WHEREAS, under the provisions of Chula Vista Charter section 300(G), a Special Municipal Election shall be held on Tuesday, November 6, 2012, for the purpose of conducting a run-off election between each of the two candidates for Member of the City Council, Seats 3 and 4, who received the highest number of votes cast, and yet did not receive a total of more than fifty percent, at the General Municipal Election held on June 5, 2012; and WHEREAS, Section 439.1 of the Administrative Code of the County of San Diego authorizes the Registrar of Voters of the County of San Diego to render specified services relating to the conduct of an election to any city or district which has by resolution requested the Board of Supervisors to permit the Registraz to render the services, subject to requirements set forth in that section; and WHEREAS, it is desirable that the County of San Diego Registrar of Voters conduct the election and canvass the returns of said Special Municipal Election, and that the City Clerk be authorized to carry out all other necessazy procedures for such election; and WHEREAS, sufficient funding has been allocated in the Fiscal Year 2012/2013 General Fund budget for the payment of costs relating to the placement of the run-off election for Seats 3 and 4 of the Chula Vista City Council on the November 6, 2012 ballot. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista as follows: SECTION 1. All of the foregoing recitals are true and correct. SECTION 2. Pursuant to the requirements of the Chula Vista Charter and the laws of the State of California, a Special Municipal Election will be held on Tuesday, November 6, 2012 to hold arun-off election to elect two Members of the City Council for full terms of four years each, commencing in December 2012. Resolution No. 2012-127 Page No. 2 SECTION 3. The Board of Supervisors of the County of San Diego is hereby requested to consolidate this election with the statewide election to be held on the same day, in the same territory. Pursuant to Section 10471 and Section 10418 of the Elections Code, (a) the election shall be held in all respects as if there were only one election; (b) only one form of the ballot shall be used; and (c) the Registrar of Voters of the County of San Diego shall canvass the returns of the subject election as part of the canvass of returns of the election consolidated hereby. SECTION 4. Pursuant to Section 10410 and Section 10418 of the Elections Code within the territories affected by this consolidation, the elections precincts, polling places, voting booths and polling hours shall, in every case, be the same, and there shall be only one set of elections officers in each set of the precincts. SECTION 5. The County of San Diego shall be reimbursed in full for the services performed by the Registraz of Voters for the City of Chula Vista upon presentation of a bill therefor, and this City agrees to indemnify and save free and harmless the County, its officers, agents and employees from expense or liability, including reasonable attorneys' fees, as a result of an election contest azising after conduct of this election. SECTION 6. The City Clerk is hereby directed to forthwith file a certified copy of this resolution with the Board of Supervisors and the Registraz of Voters of the County of San Diego and to issue instructions to the Registrar of Voters to take any and all steps necessazy for the holding of the election. SECTION 7. That 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 therefor. SECTION 8. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections in said City. SECTION 9. That notice of the time and place of holding the election is hereby given and the City Clerk is authorized, instructed, and directed to give further or additional notice of the election, in time, form and manner as required by law. SECTION 10. That the City Clerk shall certify to the passage and adoption of this resolution, and file it with the City's original resolutions. Presented by Donna R. Norris City Clerk Approved as to form len R. Googins U Ci orney Resolution No. 2012-127 Page No. 3 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 10th day of July 2012 by the following vote: AYES: Councilmembers: Bensoussan, Castaneda, Ramirez and Cox NAYS: Councilmembers: None ABSENT: Councilmembers: Aguilar Cheryl Cox, Ma r ATTEST: ~~ ~ ~~ Donna R. Norris, CMC, City Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CHULA VISTA I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2012-127 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 10th day of July 2012. Executed this 10th day of July 2012. ~C.C eh~ ~ 4,.-~ Donna R. Norris, C C, City Clerk