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HomeMy Public PortalAbout2008.124 (07-15-08)RESOLUTION NO. 2008.124 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION ON TUESDAY, NOVEMBER 4, 2008, FOR THE SUBMISSION TO THE QUALIFIED VOTERS OF THE CITY A PROPOSED ORDINANCE TO IMPOSE TERM LIMITS WHEREAS, State law allows a city to impose term limits, as long as the term limits apply prospectively and not retroactively; and WHEREAS, State law requires a term limit proposal to be approved by city voters; and WHEREAS, the City Council of the City of Lynwood now desires to submit to the voters at a Special Municipal Election a proposed ordinance relating to the term limits of city elected officials; and WHEREAS, the City Council is authorized and directed by statute to submit the proposed ordinance to the voters. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: Section 1. Pursuant to the requirement of the laws of the State of California relating to general law cities, there is called and ordered to be held in the City of Lynwood, California on Tuesday, November 4, 2008, a Special Municipal Election for the purpose of submitting to the voters of the City of Lynwood, the measure specified in Section 2, below. The imposition of term limits on city elected officials is hereby proposed pursuant to Government Code Sections 36502(b). Pursuant to Government Code Section 53724(d) and Elections Code Section 9222, it is the intent of the City Council that the measure be submitted to the voters of Lynwood at the aforementioned Special Municipal Election. Section 2. The City Council hereby finds and declares that instituting term limits may encourage more people to participate in city government and otherwise improve democratic pracfices within the city, and accordingly shall present the question of term limits to the voters of Lynwood. This term limits measure, as described in more detail in Exhibit "A," attached, will be codified as Chapter 2-1.6, and shall be presented to voters as the following question: Term Limits; City of Lynwood Shall a term limits ordinance be adopted in the City of YES Lynwood so that no member of the city council may serve more than two consecutive terms in office? NO Section 3. The City Council of the City of Lynwood further does resolve, declare and order: (a) That notice of time and place of holding said election is hereby given and the City Clerk is hereby authorized, instructed and directed to give such further or additional notice of said election in the time, form and manner as required by California law. (b) That the City Council authorizes the City Clerk to administer said election, including but not limited to, contracting with the County of Los Angeles and any consultant necessary to assist with conducting the election, and otherwise take all reasonably necessary steps to ensure the proper handling and conduct of the special election authorized by this resolution, and all reasonable and actual election expenses shall be paid by the City upon presentation of a properly submitted bill. (c) That this resolution shall be effective immediately upon passage and adoption. PASSED, APPROVED, AND ADOPTED this 15t" day of July, 2008, at the City of Lynwood, County of Los Angeles. Mayo Maria Teresa Santillan ATTEST: i Maria Quinonez, ity Clerk APPROVED AS TO FORM: Fr Galante, City Attorney APPROVED AS TO CONTENT: Roger L. Hale ity Manager STATE OF CALIFORNIA ) SS. COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the foregoing Resolution was passed and adopted by the City Council of the City of Lynwood at a regular meeting held on the 15th day of July, 2008. AYES: COUNCIL MEMBERS, CASTRO, FLORES, MORTON, RODRIGUEZ, AND SANTILLAN NOES: NONE ABSENT: NONE ABSTAIN: NONE Maria Quinonez, City Jerk i STATE OF CALIFORNIA ) SS. COUNTY OF LOS ANGELES ) I, the undersigned City Clerk of the City of Lynwood, and the Clerk of the City Council of said City, do hereby certify that the above foregoing is a full, true and correct copy of Resolution No. 2008.124 on file in my office and that said Resolution was adopted on the date and by the vote therein stated. Dated this 15th day of July, 2008 Maria Quinonez, ity Clerk EXHIBIT "A" LYNWOOD MUNICIPAL CODE CHAPTER 2-1.6 "LIMITATION ON CONSECUTIVE TERMS" TABLE OF CONTENTS 2-1.6.1 Purpose. ~-~, 2-1.6.2 Term Limits of City Council. 2-1.6.3 Prospective application. Section 2-1.6.1 Purpose. The purpose of this section is to promote a democratic system of fair elections and encourage qualified candidates to seek public office by limiting the powers of incumbency by placing limitations upon the number of consecutive terms which may be served by any member of the City Council. Section 2-1.6.2 Term Limits of City Council. No person shall serve more than two (2) consecutive terms on the Lynwood city council. The completion of any unexpired term to which such person was elected or'appointed shall not be considered a term for the purposes of this section. Any elected official who has served two (2) consecutive terms shall not be reelected as a member of the city council. Section 2-1.6.3 Prospective application. This chapter shall apply prospectively, beginning with the terms of office commencing after the city's regularly scheduled election in November 2009, so that a person taking office after said election shall be prohibited from serving more than two consecutive terms thereafter." ~, i