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HomeMy WebLinkAboutORD NO 1082 rORDIN$rCE NO. .108 2 „I, MV-SERIES 0 30RDIMM OF THE COUNCIL OF -THE 'CITY OF BAKERSFIELD CALLING A -SPECIAL MUNICIPAL ELEC- TION IN SAID CITY FOR THE- PURPOSE OF SUBMIT- TING.CERTAIN PROPOSITIONS TO THE .ELECTORS, - ORDERING THE CONSOLIDATION OF SAID .SPECIAL MUNICIPAL ELECTION. WITH THE STATE CONSOLIDATED DIRECT PRIMARY ELECTION. AND PRESIDENTIAL ELEC- TION TO BE HELD 'ON JUNE 5-,.-1956, -AND REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF KMN TO ORDER THE CONSOLIDATION OF SAID ELECTIONS. ' BE :IT aff mim by the Council of the City of Bakersfield, that pursuant -to law, a special municipal election will -be -held on Tuesday, the 5th-`day of June, 1956 in the City' df Bakersfield- for the purpose of .submitting to the- qualified electors of. 'said city, certain proposed amendments to .- the Charter of the'.-City of Bakerafie.ld. _ Said proposed amendments. to said city charter are in the. words and figures as follow, to wit: PROPOS IT ION:. NO Legislative Powers Section 1.4�. .The legislative powers of the city, except. As reserved to the people by this charter, shall be vested in a council of seven members, one to 'be elected .from each of the, seven :wards of..the' .city by the electors thereof, and a mayor'..elected. from the city at'-.large.. -The mayor shall have .the right to vote on all matters when the'- vote of: the council results in a.tie. Mavor9nd Vice-President of--Co -Section-:20 (a) Notwithstanding any other- provision of this charter-. -to. thei contrary, the provisions of. this section .shall. govern as-m to the office-.of mayor. The mayor -shall be elected,by..'the .qui iified electors -of .the city and. shall hold Yhis '_office four_,years from and ` after - the first :Monday after the first 'day of January- subsequent to his election, and until. his' ' successor`.-is elected and qualified, unless T . sooner .removed from officer by recall,•or otherwise. The mode.of: nomination and election of the mayor -'shall be as set- forth in..this 'charter for the nomination and election of other'-elective 'officers. : of the. city.,-: except as hereinafter specifically provided-: (b) The. mayor shall be the chief executive and .the official he-ad:.of. 'the cJLty for all legislative',.'..policy, -and ceremonial purposes, and shall -execute-'all legal instruments and documents, .and.:shall .preside_ at all meetings .of -the counei'l-: -The mayor shall :'not be vested with administrative authority. (c) ; The. mayor shall devote. such time as may. ,be necessary ' . to' properly and efficiently discharge ,the duties of his, office, -and shall receive an annual- salary of Six :Thousand Dollars -($6,000.00)., payable: in equal monthly, installments,. except as 'hereinafter -provided. At the: beginning-. of each' .fiscal year, the council shall -appropriate a sum.- of money not. to exceed Fifteen. Hundred Dollars .31,500,00) for the: reception: and'.entertainment of ,public guests by the 'mayor: (d) .: An- office adjacent to the office of, the City Cleric- shall be provided -for the mayor for the conduct of his official. duties.- (e) . Secretarial services ahall be furnished to the mayor from the -of. ice of the City .Clerk,"in the . discharge of his official duties. (f) 'the mayor shall be a resident. of the.. 'city for three .years next preceding his election and anelector - therein. In all other..respects, his qualifications. shall be- .' ' set forth..:in Section 17 of this charter. " (g) The :office of mayor .shall. be first .in' ...order of precedence on 'the_-municipal ballot and shall be separately designated. (h). .-JL11,:nominating petitions .for the office of -mayor, shall ` b'e filed with the' ' . Clerk within the, .time prescribed- by in ..of. the . council, but, in. no event later than twenty-five days prior 'to . the last ;day for filing with the Board of' Supervi.sors' of, Kern .County, . tYie 'resolution of .the city -counci.l- requesting consolidation of. local election 411h the State election. The eleat3:on proclamation shall--be'made---as set forth in Section 78 of: this• charter. •In. all other respects•; :the provisions of State law' regulating State. primary . elections, shall-- apply• (i) • The form of 'declaration of candidacy., '.-the;.nbmination p®tition and- the requirements -of certificate, shall be substantially the same as required by this charter for• other. elective officers 'of the city. . ( J) The. nominating and general elections for-: the off ioe of mayor . shall .be'laeld -concurrently.with: the.-State primary 'and ;State' general elections, respectively. : .. .(k)' At the..;f it s t meeting. -'and upon as suming• 'the duties- of ' the office. of councilman, . each new..c.ouncil' shall elect. one :of .its membera vice president of the. -council: (1) :During the temporary=.absence or disability. of the-mayor, :the:: vice-pre.s.ident. of the. council shall .act •as. mayor -pro tempore, 'without..pay,-.for .a period not to .exceed thirty days. - Thereafter; said. mayor pro tempore- shall receive' the •per.•diem pay. to be' dedacted and based upon 'the monthly Installments of• -d"i ensati*on' provided-.'for. the mayor 'unt:tl° 'the' duly qualified mayor shall again .resume his official duties, at which time he shall again receive. his monthly- iribtillments, .or 'his pro rate .share thereof, as the- case :may be. Absen'e-. from office. or. nonperformance of the • duties of the office' of ,mayor. for thirty consecutive days without- the prior 'consent of-: the..city council, when. not due to physical -d r . other disability. caused by siclaiess or accident, or absence from the office' or non- performance of the duties of the, office for a period of ninety con- _ _.____�:_.._,. _ . _W�_ -..w__._.,_ :. ._..::.— _. ..._ . �._..,_ .-:---•.•. . ___ __ ___ ._ _ _ _ secutive days. without the consent of •the city council during said j _. ­abs ence, .due to physical -or other disability. caused by sickness or 4. a _acciclent,. :sha1.1. operate as a forfeiture. -of his office.as 'mayor, and.•the council shall declare. such office vacant. (m) If-.a vacancy shall occur in the. office :of mayor, . the council shall .appoint a person, who-may: or may- not be,;;A• member -of the council, t;o. fill such •vacanoy._for the unexpired termi. .within fifteen (15) : days. of..•the. time that. the council -shall.. be •notified of such"vacancy. 'In .the event -a member of 'the-.-.council is. appointed to.'. fill such vaczmey., the, resulting -vacancy on, said council shall be.. i.'f in accordance with' Sectioa.. 16 of. .this PROPOSITION No 2 •Ele_gtion gf. FirbtC' Mayor .. - Section '-20:1:: (a).. Concurrently with' these amendments-:to: the' charter, .there. shall be submitted• to the elector."' of the city the'. ... names of :thee candidates for the office of mayor--toL'be first elected, in conjunctidh with. and, pursuant to said:.charter- emendniehts, and. :his qualifications and mode: of nomination and election sYiall .be as . . provided in Section-•20 of the dharter- as amended, . and...:sai°d mayor. first .elected shall qualify and thereafter assume- the duties 'of his' office' on the. :first. Monday following . the :filing: with.' the'':.Secretary Of State -of..:th.e::.approval :of said amendments..by the 'State '-Legislatur'e. _. and -said mayor. sh&l-1 hold' office. until. the first 'Monday.., after .the. first. 'day: of, J'bnuary, 196.1, and .until his 'successor: is .elec-ted and qualified, unless sooner removed from .office by.'recall;or otherwise.. ' -(b). '.I•n =the .event'.the Mist: mayor-.is. riot. elected 'as set forth 1A. this. ".action, the -CouriciX. shall 'call •'a.;special': election to :be: held ,_within.•.iiinety (90) days. from-.and after the -filii7�g. with: the Secretary. of. State of the approval of said amendm'nts•,by the' State - ' Zie'gislatur'e '' f:or=the purpo•s:e of filling the°-o'ffice. -mayor-for---the." term- ending. t3ie.I rst Monday after the' first day. of January.; 1961�, in' iahich event, all 'of the provisions ..of. Article .VII of this charter,. .-ekcepting Sections 66, � 67 and 84, ' shall apply. The candi- date who . a eceived • the highest number of. votes for such office at said special election, shall be declared elected for said first .term and shall. qualify and assume, the. duties .of his office -on .the first Monday following said. declaration. 'In case any two• or. more 'persons have an equal and:highest number of' votes. -for the .office of mayor,. the .council. shall, .within thirty' '(30) de.ys,.. at a special 'meeting called for such purpose, choose one of such persons to' fill the .said office..by secret. ballot of the majority-- of all .the members of -the council. BE IT FURTHER ORDAl-N9D, that said -proposed amendments shall. appear on the ballot in the following words and figures-, to wit: PROPOSITION NO:. 1 ,Am nds• .Section 14. and adds -subdivision: a to Section 20 , of the Bakersfield City Charter..to provide for. the election•-of a mayor at large, YES' .. . to -serve' for' a term of four -years; prescribing. hi-s duties; .prescribing the method of filing nomination. papers; providing -method of filling vacancy; and fixing"annual salary at 6000.00 : ' NO. ...and._necessary expenses not. '.to exceed 1500.00. PROPOSITION NO. 2 Election of First Mayor. Adds Section. 20:1 .to 'the Charter -of the City 'of. Bakersfield; which provides that names of candidates for the office. of the first mayor shall be sub- YES •mitted to the electors. concurrently with the' -present; proposed amendments to the charter, and if elected, to .hold office from the first Monday after the. effective date of these amend meats; until: after the first Monday after- the; first flay -of January, 1961.• : Further 'provides f_or. a ,:pecial election . to fill the of fice._.of_.. NO• may4o�r, to -be hela. :[thin n'inety`:days'from the effective date of these amendments .if mayor is not elected concurrently with these' amendments- °'as herein'.provided.. G Al .-.BE •IT. FURTHER 'QRp;�q �, that ' said special municipal .electron : be and tha sane is 'hereby ordered"tb. be consolidated with .the State ..'Conso-lidated Direct Primary Election and Presidential Primary Elec- tion, to be held on June 5, 1956, .and- the Board of Supervisors of the' County. of Kern"is. hereby regiiested to order s.uch .'consolidation in accordance with the provisions of this -:aerdinanoe; • that -for the purpose of 'said special. mutii'cipal election,-•::the'-precincts, polling places, and .officers of election within the City of Bakersfield shall be -the same as those provided for said State Consolidated Direct Primary. Election .and Presidential Primary 'Electiozv-as more :partiou- --larly . set forth in- ,the notice of -election filed and,.publi'shed or' to be filed.and'published by `the :County' Clerk of the -County of Kern, .State of California'. giving notice- of said election.:''' The Board of Supervisors 'of- the County of Kern -is hereby authorized to canvass the :retixrris .of said special municipal-election, and shell. certify -thiv result of -the canvass of said returns to • the. C-ouncil -of'' the City of Bakersfield, who shall ther® e upon declare the results thereof: O0o-------- ' •41. I.-HER CERTIFY that. the 'foregoing passed and' adopted by thea. Council of the. City of Bakersf ield::at- . : a regular ;nesting thereof held- on--the-• 2nd day of- Apr •1956, : .. : . by. the .followring votes; _ - AYES: CARNAKI� S,COLUNS, CROES, DOQLIN, EVELETI{; SCHWEITZER, SULLIVAN... N)ES: ABSENT;'.-29d=.� City Cle k and Ex-Offiai'o Clark -of the Council of the.- City. of :Bakersfield. APPROVED•:thi;s .2nd day of April, 1956:. MAY-OR of. t 1 City .of Bakersfield : ; 1 I i i I?t w Affibaui# of lJosting Orbinaurra STATE OF CALIFORNIA SS. tl County of Kern MARIAN S. IRVIN, 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...............................................................3rd day of Aprils....................... 1956 she posted on the Bulletin Board at the l City Hall, a full, true and correct copy of an ordinance passed by the Council of said City at a meeting i �i thereof duly held on__ the 2nd day___of_-Apr...ls.-_________.............._ 19...,56, which ordinance was - i N i numbered.......... 082........New Series,and entitled: i i � Il pI I, AN ORDINANCE OF THE COUNCIL .OF THE CITY OF r j BAKERSFIELD CALLING A SPECIAL MUNICIPAL ELEC— TION IN SAID CITY FOR THE PURPOSE OF SUBMIT— j ! TING CERTAIN PROPOSITIONS. TO THE ELECTORS ORDERING THE CONSOLIDATION OF SAID SPECIAL I' MUNICIPAL ELECTION WITH THE STATE CONSOLIDATED DIRECT -PRIMARY ELECTION AND PRESIDENTIAL ELEC— TION TO BE HELD ON JUNE 59 1956-9 -AND REQUESTING THE BOARD OF SUPERVISORS OF- THE COUNTY OF KERNi� TO ORDER THE CONSOLIDATION -OF SAID ELECTIONS. i h I r ; I. I + � 4nn, 1 !' I Subscribed and sworn to before me this 1 -- ,.� rddaY f Aprils 56 . ----•---•--••-• 19.. . I 40 Notary Public in and for the County of Kern, , State of California. tom' I; my Con,lni:, ;.:res Jiil�e �3, 19aa I , I: a i';