Fresno Municipal Code Art. XV General Provisions

If any provision of this Charter, or the application thereof to any person or circumstance is held invalid, the remainder of the Charter, and the application of such provisions to other persons or circumstances, shall not be affected thereby.

Unless the provision or the context otherwise requires, as used in this Charter:

(a) "Shall" is mandatory, and "may" is permissive;

(b) "City" is the City of Fresno, and "department", "board", "commission", "agency", "officer", or "employee", is a department, board, commission, agency, officer or employee, as the case may be, of the City of Fresno;

(c) "County" is the County of Fresno;

(d) "State" is the State of California;

(e) "Council" is the City Council of the City of Fresno;

(f) A "Councilmember" means any one of the seven members of the Council.

(g) Reserved.

(h) "Newspaper of general circulation within the city" is as defined by Section 6000 of the Government Code of the State of California.

(Amendment ratified 1993 General Municipal Election, April 27, 1993.)

The violation of any provision of this Charter shall be deemed a misdemeanor and be punishable upon conviction by a fine of not exceeding one thousand dollars ($1000) or by imprisonment for a term of not exceeding one year, or by both such fine and imprisonment.

The Mayor-Council form of government shall become operative on the first Tuesday after the first Monday in January, 1997.

The Council shall redraw the current Council office boundaries no later than June 30, 1995, to add a Council office designated as Councilmember Number 7. This office shall be filled for an initial two-year term at either the direct Primary or General Municipal Election of 1996, taking office on the first Tuesday after the first Monday in January, 1997. Thereafter, terms for the office of Councilmember Number 7 shall be for four-year terms.

(Amendment ratified 1993 General Municipal Election, April 27, 1993.)

(a) At such time as the population of the City of Fresno reaches 650,000, the Council shall establish a public review process to consider adding two Council offices to the Council designated as Councilmember Number 8 and Councilmember Number 9. For making a determination as to whether the 650,000 population figure has been reached, the City shall utilize census data from the Demographic Research Unit of the State Department of Finance issued annually on May 1st or a similarly reliable source of population figures in the event the Demographic Research Unit no longer provides such information. Within 180 days of receipt of validated population figures evidencing this population total, the Council shall commence the public review process. Once that is completed, Council shall vote on whether to submit to the voters, a ballot measure adding two Council offices. If the measure receives a majority of votes cast, Council shall redraw the Council district boundaries, to reflect the two additional Council seats in accordance with the applicable laws.

(b) The two seats shall be initially filled in the next regular municipal election held in which City offices are filled. Both Councilmember seats 8 and 9 shall be filled at said next regular municipal election. Thereafter, Councilmember seat number 8 shall be filled in the same electoral cycle as even-numbered Council seats and Councilmember seat number 9 shall be filled in the same electorial cycle as odd-numbered Council seats. Depending on when the election cycle for filling Councilmember seat numbers 8 and 9 falls, the initial term for one of the two seats shall be a two-year term.

(c) At such time as the Councilmembers designated as Councilmember Number 8 and Councilmember Number 9 are installed in office the following provisions shall be deemed changed:

(1) All provisions in this Charter for a requirement of an "affirmative vote of at least four members of the Council" or any similar language requiring four votes shall be deemed changed to require "affirmative vote of at least five members of the Council."

(2) All provision of this Charter for a requirement of an "affirmative vote of at least five members of the Council" or any similar language requiring five votes shall be deemed changed to require "an affirmative vote of at least six members of the Council."

(Amendment ratified 1993 General Municipal Election, April 27, 1993; amendment ratified 2010 Consolidated Direct Primary Election, June 8, 2010.)

The provisions of the various amendments to the Charter adopted in the May 4, 1993 ballot shall become effective as provided by law but shall be operative in accordance with the following rules which are intended to provide a smooth and efficient transition from the present municipal election cycle to an election cycle whereby municipal elections are consolidated with statewide elections held in June and November of even-numbered years and from the present Council-Manager form of government to a strong Mayor form of government to be known as Mayor-Council form of government:

(a) The amendments of Sections 303 and 1400 of the Charter as set forth in the resolution submitting the ballot measure to the voters shall be operative on and after January 1, 1994; until that date Sections 303 and 1400 as they existed on May 3, 1993, shall remain in full force and effect; on and after January 1, 1994, Sections 303 and 1400 as they existed on May 3, 1993, shall be deemed repealed, of no further force and effect and superseded by said amended sections as approved on May 4, 1993.

(b) The amendment of Sections 203, 204, 300, 302, 305, 400, 401, 500, 501, 600, 603, 605, 609, 610, 702, 703, 704, 705, 1000, 1202, 1501 of the Charter as set forth in the resolution submitting the ballot measure to the voters shall be operative on and after the first Tuesday after the first Monday in January, 1997; until that date said sections as they existed on May 3, 1993, shall remain in full force and effect; on and after January 1997, said sections as they existed on May 3, 1993, shall be deemed repealed, of no further force and effect and superseded by said amended sections as approved on May 4, 1993.

(c) Sections 609 and 610, as added to the Charter, and the repeal of Section 707 and subsection 1501(g) as set forth in the ballot measure approved by the voters in May 4, 1993 shall be operative only on and after the first Tuesday after the first Monday in January, 1997.

(d) All other amendments to the Charter adopted by the voters on May 4, 1993, shall be deemed operative on their effective date as provided by law or by their operative language.

(Amendment ratified 1993 General Municipal Election, April 27, 1993.)