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RES-10965 Cancellation of General Municpal ElectionRESOLUTION NO. 10965 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE, CANCELLING THE NOVEMBER 8, 2016, GENERAL MUNICIPAL ELECTION FOR TWO OFFICES OF CITY COUNCIL MEMBER (ALVAREZ) FOR THE FULL FOUR YEAR TERM FROM 2016 -2020. WHEREAS, the City of Orange has scheduled a General Municipal Election on November 8, 2016, to elect one (1) Mayor, two (2) City Council Members, one (1) City Treasurer, and one (1) City Clerk; and WHEREAS, at the close of the nomination period on August 12, 2016, the only candidate papers received and verified by the Chief Clerk for the office of City Council Member were from the incumbent City Council Members; and WHEREAS, on August 15, 2016, the Chief Clerk submitted a written certification to the City Council providing there are not more candidates nominated for the office of City Council Member than seats to be filled at the General Municipal Election; and WHEREAS, pursuant to California Election Code Section 10229, the City Council is authorized to take one of the following courses of action when the number of candidates nominated does not exceed the number of offices to be filled at a municipal election: 1. Appoint to the office the persons who have been nominated. 2. Appoint to the office any eligible elector if no one has been nominated. 3. Hold the election, if either no one or only one person has been nominated; and WHEREAS, a notice of the foregoing facts was published on August 14, 2016, in the Orange County Register, a newspaper of general circulation in the City of Orange. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The foregoing recitals are true and correct. SECTION 2. The City of Orange General Municipal Election scheduled to be held on Tuesday, November 8, 2016, is hereby cancelled with respect to the office of City Council Member. SECTION 3. Pursuant to California Election Code Section 10229, the following incumbent is hereby appointed to the office to which he was nominated. Name Office Term Michael Alvarez City Council Member 4 years SECTION 4. The appointed City Council Member shall qualify and take office and serve exactly as if elected at a general municipal election for the office. SECTION 5. The Chief Clerk shall not accept for filing any statement of write -in candidacy for the office of City Council Member which may be submitted for the General Municipal Election. SECTION 6. The Chief Clerk shall certify to the passage and adoption of this Resolution and shall file a certified copy of this Resolution with the Board of Supervisors and the Registrar of Voters of the County of Orange. ADOPTED this 23rd day of August, 2016. ATTEST: jl)11 11jr Mary E. Vurphy, City Clerk, City of Orange STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF ORANGE ) I ___' / _ZYaAP4,x — Teresa E. Smith, Mayor, City of Orange I hereby certify that the foregoing Resolution was duly and regularly adopted by the City Council of the City of Orange at a special meeting thereof held on the 23rd day of August 2016, by the following vote: AYES:COUNCILMEMBERS: Whitaker, Smith, Murphy, Nichols NOES:COUNCILMEMBERS: None ABSENT:COUNCILMEMBERS: None ABSTAIN:COUNCILMEMBERS: Alvarez Mary E. frphy, City Clerk, City of Orange Resolution No. 10965 2