The URL can be used to link to this page

Home My WebLink AboutOrdinance 2013.019 amending title 2 of the town code relating to terms for mayor and councilTt� PI+ 'I'C 52 F. ANN RODRIGUEZ, RECORDER Recorded By: JNC DEPUTY RECORDER 4917 s1�ARA TOWN OF MAE2ANA PICKUP $7.00 o g PIllz . � �� , W� �'',�z �N� '' b � �` IIIIII IIIII IIII) IIIII IIIII IIIII IIIII IIIII (III) (III� IIIII �IIII III) IIII SEQUENCE: NO. PAGES: ORDIN 20132350124 3 08/23/2013 10:54 PICK UP AMOUNT PAID: MARANA ORDINANCE NO. 2013A19 RELATING TO MAYOR AND COUNCIL; AMENDING TITLE 2(MAYOR AND COUNCIL) OF THE MARANA TOWN CODE; AMENDING SECTION 2-2-1 (PRIMARY ELECTION) TO ESTABLISH THE DATE OF PRIMARY ELECTIONS; AMENDING SECTION 2-2-3 (GENERAL ELECTION) TO ESTABLISH THE DATE OF GENERAL ELECTIONS; ADDING NEW SECTION 2-2-5 (ASSUMPTION OF OFFICE); AMENDING SECTION 2-3-1 (VICE MAYOR) TO MODIFY THE DATE FOR THE SELECTION OF THE VICE MAYOR FOLLOWING AN ELECTION; LENGTHENING THE TERMS OF THE MAYOR AND COUNCIL MEMBERS ELECTED IN 2011 AND 2013 TO CONFORM TO THE NEW ELECTION DATES; AND DESIGNATING AN EFFECTIVE DATE WHEREAS in 2012 the Arizona state legislature amended A.R.S. § 16-204 to consolidate all regular candidate elections in Arizona to the fall of even-numbered years; and WHEREAS the Town of Marana has historically held its elections in the spring of odd-numbered years; and WHEREAS the Mayor and Council members of the Town of Marana currently serving in office were elected in 2011 and 2013 to serve four-year terms; and WHEREAS the new law requires the Town to adjust the length of the terms of the Mayor and Council members currently serving in office so that their terms will expire following the general election in November of even-numbered years; and WHEREAS in 2013 the Arizona state legislature adopted Senate Bill 1454 which provides that in order to comply with the consolidation of election dates as prescribed in A.R.S. § 16-204, the town may lengthen the terms of office for its elected officials; and WHEREAS the Town Council finds that it is in the best interests of the Town of Marana and its citizens to amend the Marana Town Code and to lengthen the terms of the Town's elected officials to conform to the requirements of A.R.S. § 16-204. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, as follows: SECTION 1. Section 2-2-1 of the Marana Town Code is hereby revised as follows (with additions shown with double underlining): 2-2-1 Primary election• date• declaration of elected candidate A The date of the �rimarv election of the town shall be the tenth Tuesdav before the first Tuesdav after the first Mondav in November of even- numbered vears. Ordinance No. 2013A19 - 1- 8/22/2013 12:05 PM JF/FC � B. Any candidate who receives at the primary election a majority of all the votes cast shall be declared elected to the office for which he or she is a candidate effective as of the date of the general election, and no further election shall be held as to that candidate, provided that if more candidates receive a majority of the votes than there are offices to be filled, then those equal in number to the offices to be filled receiving the highest number of votes shall be declared elected. SECTION 2. Section 2-2-3 of the Marana Town Code is hereby revised as follows (with deletions shown with �*r'�a� and additions shown with double underlinin�): 2-2-3 General election ��t; date; candidates A. A�eneral election of the town shall be held on the first Tuesda the first Monda in November of even-numbered vears. B. If at any primary election'�^'a �� '�^�T^ „ �-^��a^-' there is any office for which no candidate is elected, then as to that office the election shall be considered to be a primary election for nomination of candidates for that office, and a r'�^ °^^^ ��- general �a�-election of the town shall be held to vote for candidates to fill that office. Candidates to be placed on the ballot at the �^^� general ��-election shall be those not elected at the #�s� ri'�� election, and shall be equal in number to twice the number to be elected to any given office or less than that number if there be are less than that number named on the primary election ballot�, �Persons who receive the highest number of votes for the respective offices at the #� rimar election shall be the only candidates at the seEe�tc� en�eral election, provided that if there �e is any person who, under the provisions of this section, would have been entitled to become a candidate for any office except for the fact that some other candidate received an equal number of votes for it, then all those persons receiving an equal number of votes shall likewise become candidates for that office. SECTION 3. New section 2-2-5 entitled "Assumption of office" is hereby added to the Marana Town Code as follows and the sections that follow are renumbered to conform: 2-2-5 Assumption of office Upon election, the mayor and council members shall assume the duties of office at the next regularly scheduled council meeting following the date of the canvass of the general election or, if no general election is held, at the next regularly scheduled council meeting following the date the general election would have been held. SECTION 4. Section 2-3-1 of the Marana Town Code is hereby revised as follows (with deletions shown with r*r�'��R� and additions shown with double underlinin�): Ordinance No. 2013.019 - 2- 8/22/2013 12:05 PM JF/FC 2-3-1 Vice mayor After their election and qualification, but in any event not later than �9 December 31 following the date of the general election, or, if no general election is held, followin� the date the �eneral election would have been held, the council members shall choose a vice mayor from among their number by majority vote. The vote will not be by nomination and election, rather it will be conducted by making a motion to appoint a certain council member as vice mayor, and if the motion fails for lack of a second or majority vote there may thereafter be a subsequent motion for a different or the same individual. The council will continue making motions until a motion to appoint a council member as vice mayor is successfully passed by a majority of the council. The vice mayor shall assume the duties of the mayor in the absence, disqualification or resignation of the mayor. SECTION 5. Notwithstanding section 2-1-1 of the Marana Town Code which provides that the Mayor and Council members shall serve four-year overlapping terms, the terms of the Mayor and the Council members elected in 2011 shall expire following the canvass of the general election in November 2016, and the terms of the Council members elected in 2013 shall expire following the canvass of the general election in November 2018. If no general election is held, the terms shall expire on the day the general election would have been held. SECTION 6. The various town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this ordinance. SECTION 7. All ordinances, resolutions, or motions and parts of ordinances, resolutions, or motions of the Council in conflict with the provisions of this ordinance are hereby repealed, effective as of the effective date of this ordinance. SECTION 8, If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, the decision shall not affect the validity of the remaining portions of this ordinance. SECTION 9. This ordinance shall become effective on the thirty-first day after its adoption. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, 4 "�� i �� y OFFICIAL RECORDS OF � 78 7 5 � PINAL COUNTY RECORDER VIRGINIA ROSS �i . .� DATE/TIME: p9/25/20131153 FEE: $8.00 PAGES: 3 FEE NUMBER: 2013-077394 I IIIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII t pWN p�. Town of Marana q�� :. � Office of the Town Clerk 11555 W. Civic Center Dr. qRIZON�` Marana, AZ 85653-7090 MARANA ORDINANCE NO. 2013.019 RELATING TO MAYOR AND COUNCIL; AMENDING TITLE 2(MAYOR AND COUNCIL) OF THE MARANA TOWN CODE; AMENDING SECTION 2-2-1 (PRIMARY ELECTION) TO ESTABLISH THE DATE OF PRIMARY ELECTIONS; AMENDING SECTION 2-2-3 (GENERAL ELECTION) TO ESTABLISH THE DATE OF GENERAL ELECTIONS; ADDING NEW SECTION 2-2-5 (ASSUMPTION OF OFFICE); AMENDING SECTION 2-3-1 (VICE MAYOR) TO MODIFY THE DATE FOR THE SELECTION OF THE VICE MAYOR FOLLOWING AN ELECTION; LENGTHENING THE TERMS OF THE MAYOR AND COUNCIL MEMBERS ELECTED IN 2011 AND 2013 TO CONFORM TO THE NEW ELECTION DATES; AND DESIGNATING AN EFFECTIVE DATE WHEREAS in 2012 the Arizona state legislature amended A.R.S. § 16-204 to consolidate all regular candidate elections in Arizona to the fall of even-numbered years; and WHEREAS the Town of Marana has historically held its elections in the spring of odd-numbered years; and WHEREAS the Mayor and Council members of the Town of Marana currently serving in office were elected in 2011 and 2013 to serve four-year terms; and WHEREAS the new law requires the Town to adjust the length of the terms of the Mayor and Council members currently serving in office so that their terms will expire following the general election in November of even-numbered years; and WHEREAS in 2013 the Arizona state legislature adopted Senate Bill 1454 which provides that in order to comply with the consolidation of election dates as prescribed in A.R.S. § 16-204, the town may lengthen the terms of office for its elected officials; and WHEREAS the Town Council finds that it is in the best interests of the Town of Marana and its citizens to amend the Marana Town Code and to lengthen the terms of the Town's elected officials to conform to the requirements of A.R.S. § 16-204. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, as follows: SECTION 1. Section 2-2-1 of the Marana Town Code is hereby revised as follows (with additions shown with double underlinin�): 2-2-1 Primary election; date; declaration of elected candidate A The date of the �rimary election of the town shall be the tenth Tuesdav before the first Tuesdav after the first Monday in November of even- numbered . e�ars_ Ordinance No. 2013A19 - 1- 8/22/2013 12:05 PM JF/FC � B. Any candidate who receives at the primary election a majority of all the votes cast shall be declared elected to the office for which he or she is a candidate effective as of the date of the general election, and no further election shall be held as to that candidate, provided that if more candidates receive a majority of the votes than there are offices to be filled, then those equal in number to the offices to be filled receiving the highest number of votes shall be declared elected. SECTION 2. Section 2-2-3 of the Marana Town Code is hereby revised as follows (with deletions shown with �*r'�� and additions shown with double underlinin�): 2-2-3 General election ; date; candidates A. A�eneral election of the town shall be held on the first Tuesda�� the first Mondav in November of even-numbered , e� B. If at any primary election there is any office for which no candidate is elected, then as to that office the election shall be considered to be a primary election for nomination of candidates for that office, and a�'�^ °^^^r�' �N general ��election of the town shall be held to vote for candidates to fill that office. Candidates to be placed on the ballot at the � general ��-election shall be those not elected at the €�s� ri_�mar election, and shall be equal in number to twice the number to be elected to any given office or less than that number if there �e are less than that number named on the primary election ballot.� ��Persons who receive the highest number of votes for the respective offices at the #�s� ri��mar� election shall be the only candidates at the seEe� e� election, provided that if there �e is any person who, under the provisions of this section, would have been entitled to become a candidate for any office except for the fact that some other candidate received an equal number of votes for it, then all those persons receiving an equal number of votes shall likewise become candidates for that office. SECTION 3. New section 2-2-5 entitled "Assumption of office" is hereby added to the Marana Town Code as follows and the sections that follow are renumbered to conform: 2-2-5 Assumption of office Upon election, the mayor and council members shall assume the duties of office at the next regularly scheduled council meeting following the date of the canvass of the general election or, if no general election is held, at the next regularly scheduled council meeting following the date the general election would have been held. SECTION 4. Section 2-3-1 of the Marana Town Code is hereby revised as follows (with deletions shown with s�r•il�eet�s and additions shown with double underlinin�): Ordinance No. 2013.019 - 2- 8/22/2013 12:05 PM JF/FC e 2-3-1 Vice mayor After their election and qualification, but in any event not later than �9 December 31 following the date of the general election, or, if no general election is held, followin� the date the �eneral election would have been held, the council members shall choose a vice mayor from among their number by majority vote. The vote will not be by nomination and election, rather it will be conducted by making a motion to appoint a certain council member as vice mayor, and if the motion fails for lack of a second or majority vote there may thereafter be a subsequent motion for a different or the same individual. The council will continue making motions until a motion to appoint a council member as vice mayor is successfully passed by a majority of the council. The vice mayor shall assume the duties of the mayor in the absence, disqualification or resignation of the mayor. SECTION 5. Notwithstanding section 2-1-1 of the Marana Town Code which provides that the Mayor and Council members shall serve four-year overlapping terms, the terms of the Mayor and the Council members elected in 2011 shall expire following the canvass of the general election in November 2016, and the terms of the Council members elected in 2013 shall expire following the canvass of the general election in November 2018. If no general election is held, the terms shall expire on the day the general election would have been held. SECTION 6. The various town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this ordinance. SECTION 7. All ordinances, resolutions, or motions and parts of ordinances, resolutions, or motions of the Council in conflict with the provisions of this ordinance are hereby repealed, effective as of the effective date of this ordinance. SECTION 8. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, the decision shall not affect the validity of the remaining portions of this ordinance. SECTION 9. This ordinance shall become effective on the thirty-first day after its adoption. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA,