HomeMy WebLinkAboutRES NO 213-04RESOLUTION NO. 2 18-,04
A RESOLUTION CALLING AND GIVING NOTICE OF
HOLDING A GENERAL MUNICIPAL ELECTION FOR THE
ELECTION OF COUNCILMEMBERS FOR WARDS 2, 5,
and 6, CALLING A SPECIAL ELECTION FOR THE
ELECTION OF COUNCILMEMBER FOR WARD 7, AND
REQUESTING THE BOARD OF SUPERVISORS OF THE
COUNTY OF KERN TO CONSOLIDATE WITH THE
STATEWIDE GENERAL ELECTION TO BE HELD ON
TUESDAY, NOVEMBER 2, 2004.
WHEREAS, Section 67 of the Charter of the City of Bakersfield prescribes
that a General Municipal Election for election of members of the Council shall be held
on the first Tuesday after the first Monday in November of each even-numbered year;
and;
WHEREAS, the California General Election will be held on November 2,
2004; and;
WHEREAS, the City Clerk has received an irrevocable Notice of Intent to
Vacate Council Seat from Councilmember Mark Salvaggio, Ward 7; and
WHEREAS, the cost to hold a Special election at the same time as the
November 2004 General Elections, will save the taxpayers money by reducing elections
costs; and
WHEREAS, it is desirable that the General Municipal Election be
consolidated with the Statewide General election to be held on the same date and that
within the City the precincts, polling places and election officers of the two elections be
the same, and that the Kern County Election Department canvass the returns of the
General Municipal Election and that the election be held in all respects as if there were
only one election.
NOW, THEREFORE, BE IT RESOLVED by the Council of
the City of Bakersfield as follows:
SECTION 1. That pursuant to the requirements of Section 10403 of the
California Elections Code, the Board of Supervisors of the County of Kern is hereby
requested to consent and agree to the consolidation of a General Municipal Election
with the Statewide General Election, on Tuesday, November 2, 2004, for the purpose of
electing Members of the City Council for Wards 2, 5, and 6 for the full term of four years
which ends November 2008.
ORIGINAL
SECTION 2. That pursuant to the requirements of Section 10403 of the
California Elections Code, the Board of Supervisors of the County of Kern is hereby
requested to consent and agree to the consolidation of a Special Municipal Election with
the Statewide General Election, on Tuesday, November 2, 2004, for the purpose of
electing a Member of the City Council for Wards 7 to fill the unexpired term of Mark
Salvaggio, ending November 2006.
SECTION 3. That the Board of Supervisors is requested to issue
instruction to the County Election Department to take any and all steps necessary for
the holding of the consolidated election. The election shall be held in all respects as if
there were only one election.
SECTION 4. That the County Election Department is hereby authorized
and requested to canvass the returns of said General Municipal Election and to certify
such canvass of the votes so cast, to the City Clerk.
SECTION 5. That the City of Bakersfield recognizes that additional costs
will be incurred by the County and shall reimburse the County for services performed
when the work is completed and upon presentation to the City of a properly approved
bill.
SECTION 6. The City Clerk is hereby authorized and directed to certify
the adoption of this resolution, transmit to and file with the Board of Supervisors and the
County Election Department of the County of Kern.
SECTION 7. The City Clerk is hereby authorized and directed to give all
Notices and perform all advertising as required by law and perform or cause to be
performed all the duties and functions in the conduct of the election as required by State
law.
SECTION 8. With regard only to the Special Municipal Election, and not
withstanding anything to the contrary contained herein, the City hereby agrees,
covenants, and warrants that the County, its Board, officers, or employees shall have no
liability hereunder, by reason hereof, or in connection with the election requested by this
Resolution. The City further agrees, covenants, and warrants that it shall indemnify and
hold harmless the County, its Board, officers, employees and agents, and each of them
("Indemnified Parties") against any and all losses, damages, claims, costs, expenses
and/or liabilities, joint or several, to which such Indemnified Parties may become
subject, because of action or inaction related to the election described herein. The City
further agrees, covenants, and warrants that it shall also reimburse any such
Indemnified Parties for any and all legal and/or other expenses incurred in connection
with investigating and/or defending any such claims or action.
.......... O00 ..........
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the
Council of the City of Bakersfield at a regular meeting thereof held on ~lu ~. ~ ~1]114
by the following vote:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER '~ ¥~,1~ 1
COUNClLMEMBER ~
COUNCILMEMBER ~¥'~"5'~.~-
PAMELA A. McCARTHY,~M_C
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
HARVEY L. HALL
MAYOR of the City of Bakersfield
APPROVE,,p~o form:
"°
Of the City of Bakersfield
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S:\E LECTION\RESOLUTN\NOV2CON04-256&7.DOC
6/17/2004
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