HomeMy WebLinkAboutORD1438ORDINANCE NO. 1438
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, AMENDING APACHE JUNCTION CITY
CODE,VOLUME I, CHAPTER 2:MAYOR, COUNCIL, AND APPOINTED
BOARDS AND COMMISSIONS,BY REPEALING ARTICLE 2-1:
COUNCIL,SECTION 2-1-3 DUTIES OF OFFICE AND ARTICLE 2-3:
COUNCIL ELECTION,SECTION 2-3-1 PRIMARY ELECTION,AND
ADOPTING NEW PROVISIONS TO REPLACE THOSE NOTED ABOVE;
REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR
SEVERABILITY; AND DECLARING AN EMERGENCY.
WHEREAS,in 2010, the state legislature adopted new statutes
which dictated that non -chartered cities and towns could only hold
regularly scheduled candidate elections in even -numbered years
(primary elections in August and general elections in November) to
coincide with the state election schedule; and
WHEREAS,such statutory changes caused many city and towns'
election ordinances to be void and unenforceable; and
WHEREAS, when candidates take office and when they are sworn
in are two areas of the Apache Junction city code that were affected
by the state mandate; and
WHEREAS, this ordinance amends the affected code provisions so
that the legislatively -caused inconsistency is corrected.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS:
SECTION I IN GENERAL
Apache Junction City Code,Volume I, Chapter 2:Mayor, Council, and
Appointed Boards and Commissions,Article 2-1:Council,Section 2-
1-3 Duties of Office and Article 2-3:Council Election,Section 2-
3-1 Primary Election,are hereby repealed and are replaced as
follows:
ARTICLE 2-1:COUNCIL,SECTION 2-1-3 DUTIES OF OFFICE.
Councilmembers shall assume the duties of office once sworn in at
the first regular business meeting in January following the general
election or at a special meeting in January following the general
election on a date selected by council.There shall be no
ORDINANCE NO. 1438
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interruption of a term of office even if councilmembers are elected
outright in the preceding August primary election.
ARTICLE 2-3:COUNCIL ELECTION,SECTION 2-3-1 PRIMARY ELECTION.
Any candidate who receives the majority of the votes cast at the
primary election as defined under A.R.S. § 9-821.01, as amended,
shall be declared elected to the office for which he or she is a
candidate, effective upon completion of the swearing -in ceremony
held on such date as scheduled pursuant to Apache Junction City
Code, Vol.I, Chapter 2:Mayor, Council, and Appointed Boards and
Commissions,Article 2-1:Council,§ 2-1-3 Duties of Office.
SECTION II REPEALING ANY CONFLICTING PROVISIONS
All other ordinances and parts of ordinances in conflict with the
provisions of this ordinance or in conflict with any part of the
code adopted herein by reference are also hereby repealed.
SECTION III PROVIDING FOR SEVERABILITY
If any section, subsection, sentence, phrase, clause or portion of
this ordinance, or any part of the code adopted herein by reference
is for any reason held to be invalid, pre-empted or unconstitutional
by the decision of any court of competent jurisdiction,such
decisions shall not affect the validity of the remaining portions
thereof.
SECTION IV DECLARING AN EMERGENCY
The immediate operation of the provisions of this ordinance is
necessary for the immediate preservation of the public peace,
health or safety, and that an emergency shall be in full force and
effect from and after its passage,adoption and approval by the
Mayor and City Council of the City of Apache Junction.
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OFAPACHE JUNCTION, ARIZONA, THIS p 9 4 1 DAY OF , 2016.
SIGNED AND ATTESTED TO THIS /DAY OF 07,11,e614,,2016.
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ATTEST:
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
9Z90-fe
R. JOEL STERN
City Attorney
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