Minutes 07/10/2001 - Laserfiche WebLink

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July 10, 2001 SECTION 6. SEVERABILITY AND THE EFFECT ON OTHER RESOLUTION Should any portion, section, or subsection of this resolution be held to be invalid by a court of competent jurisdiction, that fact shall not affect or invalidate any other portion, section or subsection, and the remaining portions of this resolution shall remain in full force and effect without regard to the section, portion, or subsection or power invalidated. In the event that any parties to this resolution have entered into other mutual aid agreements, those parties agree that said agreement will remain in effect unless they conflict in principle with this resolution, in which case they are superseded by this resolution. In the event that two or more parties to this resolution have not entered into another agreement, and the parties wish to engage in mutual aid, then the terms and conditions of this resolution shall apply between those parties." Ayes: Benn, Griffin, Moody, Pitts, Robinett, Whitehurst, Holley Nays: None 01 - 210 - Adoption of a resolution petitioning the Circuit Court for the City of Portsmouth to order a special election to fill the vacancy of Clerk of the Circuit Court. Recommendation: · Adoption of a resolution requesting the circuit court to order an election to fill the vacancy in the office of the clerk of the circuit court. Purpose and Need: · Walter M. Edmonds resigned from his position as clerk of the circuit court effective July 1, 2001. · Within fifteen days of the occurrence of a vacancy in the office of an elected constitutional officer, such as clerk of the circuit court, the Code of Virginia requires a locality to petition the local circuit court to issue a writ of election ordering an election to fill the vacancy. · The state code also provides that, upon failure of the locality to file the petition, the court may issue the writ on its own motion. Financial Impact: · This action will have no financial impact on the City. Motion by Mr. Pitts, and seconded by Mr. Moody, to adopt the following resolution, and was adopted by the following vote: "A RESOLUTION PETITIONING THE CIRCUIT COURT FOR THE CITY OF PORTSMOUTH TO ORDER A SPECIAL ELECTION TO FILL THE VACANCY OF CLERK OF THE CIRCUIT COURT. WHEREAS, the Chief Judge of the Circuit Court for the City of Portsmouth has notified the City Clerk of the resignation of Walter M. Edmonds, Clerk of the Circuit Court, effective July 1,2001; and WHEREAS, Section 24.2-228.1 of the Code of Virginia (1950) requires the City Council, within fifteen days of the occurrence of a vacancy in an elected constitutional office, to petition the Circuit Court to issue a writ of election to fill the vacancy. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Portsmouth, Virginia, that it hereby requests that the Circuit Court issue a writ of election to fill the vacancy in the office at an election to be held on a date determined in accordance with Section 24.2-682 of the Code of Virginia (1950). BE IT FURTHER RESOLVED that the City Attorney is directed and authorized to file a petition on behalf of the City Council seeking a writ of election in accordance with state law and to take such other actions as may be necessary to effect the purposes of this resolution.