Resolution Number 04-08-17-05RESOLUTION NO. 04 -08 -17 -OS
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, PROVIDING FOR THE APPOINTMENT TO
THE OFFICE OF MEMBER OF THE CITY COUNCIL THAT WERE TO BE
ELECTED ON NOVEMBER 2,2004; AND CANCELING THE LECTION
WHEREAS, pursuant to California Elections Code § 10229, as of the close of the
nomination period on August 6, 2004, there are not more candidates than offices to be
elected, and that Elections Code § 10229 allows one of the following courses of action to
be taken by the City Council:
1. Appoint to the office the person who has been nominated;
2. Appoint to the office any eligible voter if no one has been nominated; or
3. Hold the election if either no one or only one person has been nominated;
and
WHEREAS, a notice was published on August 12, 2004 in a newspaper of general
circulation pursuant to law.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS
FOLLOWS:
SECTION 1.
Pursuant to Elections Code § 10229, the following action is being taken:
The following persons are being appointed to the office to which they were
nominated:
Name Office Term
Joe Soto Member of the City Council 4 years
Sam Allevato Member of the City Council 4 years
SECTION 2.
The election scheduled to be held on Tuesday, November 2, 2004, is now canceled.
SECTION 3.
The persons appointed shall qualify and take office and serve exactly as if elected at
a municipal election for the office.
SECTION 4.
The City Clerk shall certify to the passage and adoption of the resolution and enter it
into the book of original resolution.
PASSED, APPROVED, AND ADOP715, thisj17`r qaLof August 2004,
JOE
ATTEST:
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