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Resolution Number 98-8-18-3RESOLUTION NO. 98-8-18-3 APPOINTMENT TO OFFICE OF MEMBER OF THE CITY COUNCIL AND CANCELING ELECTION - NOVEMBER 3,1998, GENERAL MUNICIPAL ELECTION 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 TUESDAY, NOVEMBER 3, 1998 AND CANCELING ELECTION WHEREAS, pursuant to § 10229 of the Elections Code of the State of California, as of the close of the nomination period on August 7, 1998, there are not more candidates than offices to be elected and that § 10229 of the Elections Code 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 3. Hold the election if either no one or only one person has been nominated; and, WHEREAS, a notice was published on August 12, 1998, 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. That pursuant to §10229 of the Elections Code of the State of California, the following action is being taken: nominated: The following persons are being appointed to the offices to which they were Name Office Term Wyatt Hart Member of the City Council 4 years Gil Jones Member of the City Council 4 years David M. Swerdlin Member of the City Council 4 years SECTION 2. The election scheduled to be held on Tuesday, November 3, 1998, is now canceled. SECTION 3. 257 258 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 this resolution and enter it into the book of original resolutions. PASSED, APPROVED, AND ADOPTED this 18th day of August ,1998. ATTEST: CITY CL� 2- 2S9 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. 98-8-18-3 adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 18th day of August 1998, by the following vote: AYES: Council Members Swerdlin, Greiner, Hart, Campbell and Mayor Jones NOES: None ABSTAIN: None ABSENT: None (SEAL) CHERYL�OJ IgON, CITY CLERK 3-