HomeMy WebLinkAbout02-City Attorney
CI't., OF SAN BERN~DINO - REQUEST ~ COUNCIL ACTION
From:
James F. Penman
Subject:
Charter Amendment changing the dates
of City Elections.
Dept: ci ty Attorney
Dme: July 2, 1991
Synopsis of Previous Council ection:
None.
Recommended motion:
Adopt resolutions.
~
Contact person: Dennis A. Barlow
Phone: 384-5355
Supporting data muched:
Ward:
FUNDING REQUIREMENTS:
Amount:
Source: (Acct. No.)
(Acct. DescriPtion)
Finance:
Council Notes:
75-0262
Agenda Item No.
a~6-'
CITY'OF SAN BERN~DINO - REQUEST ".. COUNCIL ACTION
STAFF REPORT
BACKGROUND
The Charter of the City of San Bernardino presently requires
that City elections be held on different dates than elections for
other County and school offices. This results in a lower election
turn out and a greater cost to the City for conducting these
elections.
PROPOSAL
This measure would amend Sections 10, 13 and 14 of the Charter
to provide that the City's primary election would be combined with
the school district election in November of odd-numbered years.
Any necessary run off elections would be conducted the following
January. As a result the commencement of the term of office would
change from June of odd numbered years to March of even numbered
years.
75-0264
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RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO PROPOSING AN AMENDMENT OF THE CHARTER OF SAID CITY
TO CHANGE THE DATES OF CITY ELECTIONS.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. Recitals.
(al In accordance with the Constitution of the State of
California, the City of San Bernardino, a municipal corporation,
has adopted a Charter.
(bl The Mayor and Common Council of the City of San
Bernardino desire to submit to the electors the Charter Amendment
set forth in this resolution.
SECTION 2. Submittal to Electors. The following proposed
amendment to the Charter of the City of San Bernardino is
submitted to the qualified electors of the City of San Bernardino
for their approval or rejection at the consolidated municipal
election to be held on Tuesday, November 5, 1991.
PROPOSED CHARTER AMENDMENT NO.
It is proposed that Article II, Sections 10, 13 and 14 of
the Charter of the City of San Bernardino be amended to read as
follows:
"Section 10.
Primary and general election.
A primary
election shall be held in said City on the first Tuesday
after the first Monday in November of each odd numbered
year, for the nomination of candidates to be elected at the
ensuing general election, and a general election shall be
held in said City on the first Tuesday after the first
Monday in January of each even numbered year, for the
DAB/ses/Elect-2.res
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election of City officers. Said election shall be conducted
in the manner provided for by general law; provided,
however, that the Mayor and Common Council shall have power,
by ordinance, to provide for the manner of holding such
elections."
"Section 13. Offices elected. There shall be elected at
the general election in 1993/94, and every fourth year
thereafter, three members of the Common Council, one each
from the First, Second and Fourth Wards, who shall have been
qualified electors and residents of their respective wards
for a period of at least thirty (30) consecutive days next
preceding the date of filing of their nomination papers for
the office and who shall be elected by the qualified
electors of their respectable wards for terms of four years
commencing on the first Monday in March next succeeding
their election. Each officer in office on the effective
date of this Section shall hold office until the
commencement of the succeeding term."
"Section 14. First election - officers and terms. There
shall be elected at the general election in 1995/96, and
every fourth year thereafter, four members of the Common
Council, one each from the Third, Fifth, Sixth and Seventh
Wards, who shall have been qualified electors and residents
of their respective wards for at least thirty (30)
consecutive days next preceding the date of filing of their
nomination papers for the office and who shall be elected by
the qualified electors of their respective wards, a City
Attorney, City Clerk and City Treasurer elected at large who
DAB/ses/Elect-2.res 2 July 2, 1991
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shall hold office for terms of four years from and after the
first Monday in March next succeeding their election. Each
officer in office on the effective date of this Section
until the commencement of the succeeding term.
There shall be elected at the general election in
1993/94, and every fourth year thereafter, a Mayor who shall
be elected at large for a term of four years commencing on
the first Monday in March next succeeding such election."
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DAB/ses/Elect-2.res 3 July 2, 1991
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RESOLUTION...TO CHANGE THE DATES OF CITY ELECTIONS.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
meeting thereof, held on the
Bernardino at a
, 1991, by the following vote, to wit:
day of
Council Members:
AYES
NAYS
ABSTAIN
ESTRADA
REILLY
HERNANDEZ
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
City Clerk
The foregoing resolution is hereby approved this
of , 1991.
day
w. R. Holcomb, Mayor
City of San Bernardino
Approve,d as to
form and legal content:
JAMES F. PENMAN,
City Attorney
BY:~
;/
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RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO SUBMITTING TO THE ELECTORS A PROPOSED CHARTER
AMENDMENT WHICH WOULD CHANGE THE DATES OF CITY ELECTIONS AND
REQUESTING THAT SUCH SPECIAL MUNICIPAL ELECTION BE CONSOLIDATED
WITH THE GENERAL ELECTION CONDUCTED BY THE COUNTY OF SAN
BERNARDINO.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. RECITALS.
A. Resolution No.
has been adopted by the Mayor and
Common Council of the City of San Bernardino on this date,
, submitting to the electors of the City of San
Bernardino a proposed Charter Amendment, a copy of which is
attached hereto as Exhibit "A" and is hereby incorporated herein
as though fully set forth.
B. It is desirable that the special municipal election to
consider said proposed Charter Amendment be consolidated with the
general election conducted by the County of San Bernardino on
Tuesday, November 5, 1991; that within the City of San Bernardino
the precincts, polling places and election officers for the two
elections be the same; that the Board of Supervisors of the County
of San Bernardino canvas the returns of the City election; and
that the general election and the special municipal election be
held in all respects as if there were only one election.
SECTION 2. SPECIAL MUNICIPAL ELECTION CALLED. A special
municipal election is called and will be held in the City of San
Bernardino on Tuesday, November 5, 1991, for the purpose of
submi tting to the qualified electors of the City, for their
approval or disapproval, the proposed Charter Amendment set forth
in Exhibit "A" hereto.
DAB/ses/E1ection.res
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SECTION 3.
REQUEST FOR CONSOLIDATION OF ELECTIONS.
Pursuant to Section 23302 of the Elections Code, the Mayor and
Common Council of the City of San Bernardino request that the
Board of Supervisors of the County of San Bernardino consolidate
the City's special municipal election with the general election to
be held on Tuesday, November 5, 1991.
SECTION 4.
MEASURE.
The measure to be voted on at the
special municipal election as it is to appear on the ballot shall
be as follows:
MEASURE APPROVES A CHARTER
AMENDMENT TO CHANGE THE DATES OF CITY
ELECTIONS.
FOR THE
AMENDMENT
AGAINST THE
AMENDMENT
The measure shall be designated on the ballot by a letter
printed on the left margin of the square containing the
description of the measure as provided in the Elections Code of
the State of California.
SECTION 5. CANVASS OF RETURNS BY BOARD OF SUPERVISORS.
The Board of Supervisors of the County of San Bernardino is hereby
authorized to canvass the returns of the special municipal
election called by this resolution and to conduct the special
election and the general election in all respects as if there were
only one election with only one form of ballot. Results of the
municipal election shall be certified to the Mayor and Common
Council of the City of San Bernardino.
SECTION 6. NOTICE OF ELECTION. The City Clerk is hereby
directed to publish a notice of the municipal election which shall
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contain the following:
A. The date of the election;
B. That the last day for receipt of primary arguments for
or against the measure has been established as 4:30 p.m. on
, in the City Clerk's office, Second Floor, City
Hall, 300 North "D" Street, San Bernardino, California;
C. That the last day for receipt of rebuttal arguments is
4:30 p.m. on , in the City Clerk's office at the
above location.
The City Clerk is directed to accept arguments and arrange
for sample ballots, which shall include the text of the proposed
Charter amendment, in accordance with Section 5010, et seq., and
Section 5350 of the Elections Code.
This notice may be combined with a notice of any other
special municipal election to be held on the same date.
SECTION 7. CONDUCT OF ELECTION. The special municipal
election called by this resolution shall be held in such precincts
and at such pOlling places as shall be determined by the Registrar
of Voters of the County of San Bernardino. The Board of
Supervisors of the County of San Bernardino is hereby requested to
issue instructions to the Registrar of Voters to take all steps
necessary for the holding of the consolidated election. The Mayor
is hereby authorized to execute a contract for the services
necessary for conducting the municipal election.
SECTION 8. FILING OF RESOLUTION. The City Clerk of the
City of San Bernardino is directed to file a certified copy of
this resolution with the Board of Supervisors of the County of San
Bernardino.
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RESOLUTXON...SUBMXTTXNG TO THE ELECTORS A PROPOSED CHARTER
AMENDMENT WHXCH WOULD CHANGE THE DATES OF CXTY ELECTXONS...
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
meeting thereof, held on the
day of
, 1991, by the following vote, to wit:
Council Members:
ESTRADA
REILLY
HERNANDEZ
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
AYES
NAYS
ABSTAIN
City Clerk
The foregoing resolution is hereby approved this
of , 1991.
day
Approved as to
form and legal content:
JAMES F. PENMAN,
City Attorney
~4..)
DAB/ses/Election.res
w. R. Holcomb, Mayor
City of San Bernardino
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EXHIBIT "A"
PROPOSED CHARTER AMENDMENT NO.
"Section 10. Primary and general election. A primary
election shall be held in said City on the first Tuesday after the
first Monday in ~ November of each odd numbered year, for the
nomination of candidates to be elected at the ensuing general
election, and a general election shall be held in said City on the
first Tuesday after the first Monday in imD January of each even
numbered year, for the election of City officers. Said election
shall be conducted in the manner provided for by general law;
provided, however, that the Mayor and Common Council shall have
the power, by ordinance, to provide for the manner of holding such
elections."
"Section 13. Officers elected. There shall be elected at
the general election in "'1993/94, and every fourth year
thereafter, three members of the Common Council, one each from the
First, Second and Fourth Wards, who shall have been qualified
electors and residents of their respective wards for a period of
at least thirty (30) consecutive days next preceding the date of
filing of their nomination papers for the office and who shall be
elected by the qualified electors of their respective wards for
terms of four years commencing on the first Monday in ~ March
next succeeding their election. Each officer in office on the
effective date of this Section shall hold office until the
commencement of the succeedirig .term."
"Section 14. First election - offices and terms. There
shall be elected at Demthe general election in ~ 1995/96 and
every fourth year thereafter, four members of the Common Council,
DAB/ses/Election.res 5 July 2, 1991
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one each from the Third, Fifth, Sixth and Seventh Wards, who shall
have been qualified electors and residents of their respective
wards for at least thirty (30) consecutive days next preceding the
date of filing of their nomination papers for the office and who
shall be elected by the qualified electors of their respective
wards, a City Attorney, City Clerk and City Treasurer elected at
large who shall hold office for terms of four years from and after
the first Monday in ~ Mat9~ next succeeding their election.
1;:~l';!!;;lii'ig~';~9~t:l.ribffi6eon.thei~ffective .dateof. thisSec"l;;ior:i:sliilll
hbXdio$$:t:ce untiL the commencement of the succeeding term.
There shall be elected at the general election in !lIB
+:li1~.~Zi:~~:, and every fourth year thereafter, a Mayor who shall be
elected at large for a term of four years commencing on the first
Monday in ~ M~.I;'ch, next succeeding such election."
Deletions
Additions
DAB/ses/Election.res
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RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO PROPOSING AN AMENDMENT OF THE CHARTER OF SAID CITY
TO CHANGE THE DATES OF CITY ELECTIONS.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. Recitals.
( a) In accordance with the Constitution of the State of
California, the City of San Bernardino, a municipal corporation,
has adopted a Charter.
(b) The Mayor and Common Council of the Ci ty of San
Bernardino desire to submit to the electors the Charter Amendment
set forth in this resolution.
SECTION 2. Submittal to Electors. The following proposed
amendment to the Charter of the Ci ty of San Bernardino is
submitted to the qualified electors of the City of San Bernardino
for their approval or rejection at the consolidated municipal
election to be held on Tuesday, November 5, 1991.
PROPOSED CHARTER AMENDMENT NO.
It is proposed that Article II, Sections 10, 13 and 14 of
the Charter of the City of San Bernardino be amended to read as
follows:
"Section 10.
Primary and general election.
A primary
election shall be held in said City on the first Tuesday
after the first Monday in November of each odd numbered
year, for the nomination of candidates to be elected at the
ensuing general election, and a general election shall be
held in said City on the first Tuesday after the first
Monday in March of each even numbered year, for the election
DABjsesjElect-2.res
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o 0
of City officers. Said election shall be conducted in the
manner provided for by general law; provided, however, that
the Mayor and Common Council shall have power, by ordinance,
to provide for the manner of holding such elections."
"Section 13. Offices elected. There shall be elected at
the general election in 1993/94, and every fourth year
thereafter, three members of the Common Council, one each
from the First, Second and Fourth Wards, who shall have been
qualified electors and residents of their respective wards
for a period of at least thirty (30) consecutive days next
preceding the date of filing of their nomination papers for
the office and who shall be elected by the qualified
electors of their respectable wards for terms of four years
commencing on the first Monday in April next succeeding
their election.
Each officer in office on the effective
date of this Section shall hold office until the
commencement of the succeeding term."
"Section 14. First election - officers and terms. There
shall be elected at the general election in 1995/96, and
every fourth year thereafter, four members of the Common
Council, one each from the Third, Fifth, Sixth and Seventh
Wards, who shall have been qualified electors and residents
of their respective wards for at least thirty (30)
consecutive days next preceding the date of filing of their
nomination papers for the office and who shall be elected by
the qualified electors of their respective wards, a City
Attorney, City Clerk and City Treasurer elected at,large who
shall hold office for terms of four years from and after the
DAB/ses/Elect-2.res
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first Monday in April next succeeding their election. Each
officer in office on the effective date of this Section
until the commencement of the succeeding term.
There shall be elected at the general election in
1993/94, and every fourth year thereafter, a Mayor who shall
be elected at large for a term of four years commencing on
the first Monday in April next succeeding such election."
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DAB/ses/E1ect-2.res
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RESOLUTION...TO CHANGE THE DATES OF CITY ELECTIONS.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
meeting thereof, held on the
day of
, 1991, by the following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN
ESTRADA
REILLY
HERNANDEZ
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
City Clerk
The foregoing resolution is hereby approved this
of , 1991.
day
w. R. Holcomb, Mayor
City of San Bernardino
Approved as to
form and legal content:
JAMES F. PENMAN,
City Attorney
By:~j
/
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RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO SUBMITTING TO THE ELECTORS A PROPOSED CHARTER
AMENDMENT WHICH WOULD CHANGE THE DATES OF CITY ELECTIONS AND
REQUESTING THAT SUCH SPECIAL MUNICIPAL ELECTION BE CONSOLIDATED
WITH THE GENERAL ELECTION CONDUCTED BY THE COUNTY OF SAN
BERNARDINO.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. RECITALS.
A.
Resolution No.
has been adopted by the Mayor and
Common Council of the City of San Bernardino on this date,
, submitting to the electors of the City of San
Bernardino a proposed Charter Amendment, a copy of which is
attached hereto as Exhibit "A" and is hereby incorporated herein
as though fully set forth.
B. It is desirable that the special municipal election to
consider said prop~sed Charter Amendment be consolidated with the
general election conducted by the County of San Bernardino on
Tuesday, November 5, 1991; that within the City of San Bernardino
the precincts, polling places and election officers for the two
elections be the same; that the Board of Supervisors of the County
of San Bernardino canvas the returns of the City election; and
that the general election and the special municipal election be
held in all respects as if there were only one election.
SECTION 2. SPECIAL MUNICIPAL ELECTION CALLED. A special
municipal election is called and will be held in the City of San
Bernardino on Tuesday, November 5, 1991, for the purpose of
submi tting to the qualified electors of the City, for their
approval or disapproval, the proposed Charter Amendment ,set forth
in Exhibit "A" hereto.
DAB/ses/Election.res
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REQUEST FOR CONSOLIDATION OF ELECTIONS.
SECTION 3.
Pursuant to Section 23302 of the Elections Code, the Mayor and
Common Council of the City of San Bernardino request that the
Board of Supervisors of the County of San Bernardino consolidate
the City's special municipal election with the general election to
be held on Tuesday, November 5, 1991.
MEASURE.
The measure to be voted on at the
SECTION 4.
8 special municipal election as it is to appear on the ballot shall
be as follows:
MEASURE SHALL SECTIONS 10,
13 AND 14 OF THE CHARTER OF THE CITY OF
SAN BERNARDINO BE AMENDED TO CHANGE THE
DATES OF CITY ELECTIONS.
FOR THE
AMENDMENT
AGAINST THE
AMENDMENT
The measure shall be designated on the ballot by a letter
printed on the left margin of the square containing the
description of the measure as provided in the Elections Code of
the State of California.
SECTION 5. CANVASS OF RETURNS BY BOARD OF SUPERVISORS.
The Board of Supervisors of the County of San Bernardino is hereby
authorized to canvass the returns of the special municipal
election called by this resolution and to conduct the special
election and the general election in all respects as if there were
only one election with only one form of ballot. Results of the
municipal election shall be certified to the Mayor and Common
Council of the City of San Bernardino.
SECTION 6. NOTICE OF ELECTION. The City Clerk is hereby
directed to publish a notice of the municipal election which shall
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contain the following:
A. The date of the election;
B. That the last day for receipt of primary arguments for
or against the measure has been established as 4:30 p.m. on August
6, 1991, in the City Clerk's office, Second Floor, City Hall, 300
North "0" Street, San Bernardino, California;
C. That the last day for receipt of rebuttal arguments is
4:30 p.m. on August 13, 1991, in the City Clerk's office at the
above location.
The City Clerk is directed to accept arguments and arrange
for sample ballots, which shall include the text of the proposed
Charter amendment, in accordance with Section 5010, et seq., and
Section 5350 of the Elections Code.
This notice may be combined with a notice of any other
special municipal election to be held on the same date.
SECTION 7. CONDUCT OF ELECTION. The special municipal
election called by this resolution shall be held in such precincts
and at such polling places as shall be determined by the Registrar
of Voters of the County of San Bernardino. The Board of
Supervisors of the County of San Bernardino is hereby requested to
issue instructions to the Registrar of Voters to take all steps
necessary for the holding of the consolidated election. The Mayor
is hereby authorized to execute a contract for the services
necessary for conducting the municipal election.
SECTION 8. FILING OF RESOLUTION. The City Clerk of the
City of San Bernardino is directed to file a certified copy of
this resolution with the Board of Supervisors of the cou~ty of San
Bernardino.
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I'
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RESOLUTION...SUBMITTING TO THE ELECTORS A PROPOSED CHARTER
AMENDMENT WHICH WOULD CHANGE THE DATES OF CITY ELECTIONS...
I HEREBY CERTIFY that the foregoing resolution was duly
Bernardino at a
adopted by the Mayor and Common Council of the City of San
meeting thereof, held on the
day of
, 1991, by the following vote, to wit:
Council Members:
ESTRADA
REILLY
HERNANDEZ
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
AYES
NAYS
ABSTAIN
City Clerk
of
The foregoing resolution is hereby approved this
, 1991.
day
Approved as to
form and legal content:
JAMES F. PENMAN,
City Attorney
~
DABjsesjElection.res
w. R. Holcomb, Mayor
City of San Bernardino
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July 2, 1991
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EXHIBIT "A"
PROPOSED CHARTER AMENDMENT NO.
"Section 10. Primary and general election. A primary
election shall be held in said City on the first Tuesday after the
first Monday in II1II ~dV~~p~~1 of each odd numbered year, for the
nomination of candidates to be elected at the ensuing general
election, and a general election shall be held in said City on the
first Tuesday in III I~~~~ of each even
numbered year, for the election of City officers. Said election
shall be conducted in the manner provided for by general law;
provided, however, that the Mayor and Common Council shall have
the power, by ordinance, to provide for the manner of hOlding such
elections."
"Section 13. Officers elected. There shall be elected at
the general election in .. '~l1fi~'~'l\ll1f'li, and every fourth year
thereafter, three members of the Common Council, one each from the
First, Second and Fourth Wards, who shall have been qualified
electors and residents of their respective wards for a period of
at least thirty (30) consecutive days next preceding the date of
filing of their nomination papers for the office and who shall be
elected by the qualified electors of their respective wards for
terms of four years commencing on the first Monday in l1li
next succeeding their election.
commencement of the succeeding term,"
"Section 14. First election - offices and terms. There
shall be elected at _ the general election in ... 1995/96 and
every fourth year thereafter, four members of the Common Council,
DAB/ses/Election.res 5 July 2, 1991
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one each from the Third, Fifth, Sixth and Seventh Wards, who shall
have been qualified electors and residents of their respective
wards for at least thirty (30) consecutive days next preceding the
date of filing of their nomination papers for the office and who
shall be elected by the qualified electors of their respective
wards, a City Attorney, City Clerk and City Treasurer elected at
large who shall hold office for terms of four years from and after
the first Monday in .. April next succeeding their election.
Each officer in office on the effeo.tivedate. of th1$ Section shall
hold office until the commencement of the suoceedingterlil.
There shall be elected at the general election in ..
1993/94, and every fourth year thereafter, a Mayor who shall be
elected at large for a term of four years commencing on the first
Monday in" April next succeeding such election."
UP It, t 1 un (,
Additions
DAB/ses/Election.res
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July 2, 1991