HomeMy WebLinkAboutORD NO 3949ORDINANCE NO. 3 9 4 9
AN ORDINANCE ADDING CHAPTER 1.17 TO
THE BAKERSFIELD MUNICIPAL CODE
RELATING TO USE OF MAIL BALLOT
ELECTIONS UNDER PROPOSITION 218.
BE IT ORDAINED by the Council of the City of Bakersfield as follows:
SECTION 1.
Chapter 1.17 of the Bakersfield Municipal Code is hereby added to read as follows:
Chapter 1.17
USE OF MAIL BALLOT ELECTIONS UNDER
ARTICLES XlII C & D OF THE CALIFORNIA
CONSTITUTION (PROPOSITION 218)
Sections:
1.17.010
1.17.010
1.17.020
1.17.030
1.17.040
Mail ballot elections.
Subjects approved for all-mail elections.
Date of elections.
Procedures for conduct of all-mail elections.
Mail ballot elections.
The City Council is hereby authorized to conduct elections wholly by mail ballot as
set forth in Section 1.17.020. The City Council shall determine, pursuant to resolution,
whether an election will be conducted by mail at the time the election is called.
1.17.020 Subjects approved for all-mail elections.
The following items may be the subject of an all-mail election:
A. Any election to approve a special tax or a general tax as required or
authorized by Article XIII C of the California Constitution.
B. Any election to approve a property-related fee or charge as required
or authorized by Article XIII D of the California Constitution.
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C. Any assessment ballot proceeding required or authorized by Article
XlII D of the California Constitution, provided, however, that such a proceeding shall be
denominated an "assessment ballot proceeding" rather than an election.
1.17.030 Date of elections.
Elections authorized by this chapter shall not occur on the same date as a statewide
direct primary election or statewide general election.
1.17.040 Procedures for conduct of all-mail elections.
A. Elections authorized by this chapter shall be conducted in accordance
with the provisions for mail ballot elections set forth in California Elections Code § 4100
and following, as now exist or as may hereafter be amended.
B. This chapter is adopted pursuant to the authority granted by California
Elections Code § 4000(c)(9).
SECTION 2.
This Ordinance shall be posted in accordance with the Bakersfield Municipal Code
and shall become effective thirty (30) days from and after the date of its passage.
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I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the
Council of the City of Bakersfield at a regular meeting thereof held on JAN g 6
, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER CARSON, DEMOND, MAGGARD, COUCH,-ROWL~,SULLIVAN, SALVAGGIO
COUNCILMEMBER ,/?~?~L.-~
COUNCILMEMBER
COUNCILMEMBER
CITY CLERK and EX OFFI(~ of the
Council of the City of Bakersfield
APPROVED: JAN 26 Z000
By:
CITY OF BAKERSFIELD
APPROVED AS TO FORM:
BART J. THILTGEN,
City Attorney
ROBERT M. SHERF~
Assistant City Attorney
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AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) SS.
County of Kern )
PAMELA A. McCARTHY, being duly sworn, deposes and says:
That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield;
and that on the 27th day of January , 2000 she posted on the Bulletin Board at City
Hall, a full, true and correct copy of the following: Ordinance No. 3949 , passed by the
day of January 2000 and
Bakersfield City Council at a meeting held on the 26th
entitled:
An ordinance adding Chapter 1.17 to the Bakersfield Municipal Code
Relating to use of mail ballot elections under proposition 218.
/s/PAMELA A. McCARTHY
City Clerk of the City of Bakersfield
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January 27, 2000