The URL can be used to link to this page

Home My WebLink AboutORD NO 1112 EMERGENCY'. ORDINANC'E NO. 111~ , NEW SERIES AN EMERGENCY ·ORDINANCE OF THE CITY OF BAKERSFIELD, CALIFORNIA, ·ORDERING, CALLING, PROCLAIMING, PROVIDING FOR AND GIVING NOTICE· OF TWO. SPECIAL '· ELECTIONS TO BE HELD IN SAID CITY ON TUESDAY, MARCH 19,· 1957, ONE FOR. THE PURPOSE OF SUBMITTING· TO THE QUALIFIED VOTERS OF SAID CITY A PROPOSITION FOR THE ADOPTION BY SAID CITY 0F·A PLAN FOR THE ACQUISITION, CONSTRUCTION AND ·ESTABLISH- MENT OF· A MUNICIPAL BUS SYSTEM, AND THE OTHER FOR THE. PURPOSE· OF SUBMITTING TO SAID· VOTERS· A PROPOSITION TO INCUR BONDED INDEBTEDNESS BY SAID· CITY FOR THE · MUNICIPAL IMPROVEMENT TO CARRY OUT SAID PLAN AND CONSOLIDATING SAID ELECTIONS WITH THE CITY NOMINATING ELECTION TO BE · HELD' ON. SAID DATE. ".. '.o WHEREAS, by reason of the inability of the Bakers-· · field Transit Co. to continue its Operation of·a Sransit system in and around the City of Bakersfield,·this Cbuncil did, on the 1st day of August,· 1956, take o~er and assume · the operation and maintenance of .sa£d system in order to Provid·~ adequate transportation·for the citizens of this commUnity, f0r'a period of eigh~ months and·until such time a~ the question of acquiring'and establishing·such·a'system · of transportation by the·City could be submitted to the- electors of. the City; and · ~HEREAS, this Council desires to submit said Proposi- tion to the 'electors of the City at a specialelection to " ......... b~ ~-~Sd'l'~dat'ed' ~iSh Sh~-'-City"-K6~'i-fi~ih~nE'~d~T~-~-t~-'~h~'l-d''~ ...... Mar.ch. 19, 1957, in order to avoid the c~sts of a'separate .. · election; and WHEREAS, an emergency therefore exi'sts and the im~hediate preservation of th~ public health, peace, property and safety make it imperative that the bond'election be held .... before 'the termination of the present lease Contract. with the .. Baker'Sfie'ld.Transit Co., to determine Whether the City Shall .a.cquire ~nd continue to operate a transib system; and . . WHEREAS, th~ Council'of the .City. of Bakersfield, California, did on the 28th day of January, 1957, by a vote of at 'least two-thirds Of the members of said Council, adopt " Resolutio~ No.7-,57 "e~t'itled '"R~solution of the Council ~f."the City.'o~.Bakersfield, California, determining that the public ititerest"and necessity demand the .acquisition. and construC~on of a'certain muniCiPal improvement'and, maki~g · " findings relating thereto,'" which said.res'olution was dUly .signed and approved by the Mayor of Said city and attested '~ .and certified by the clerk of said .city; " · ..' .'NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield .as follows: · ' S~ction 1..'That a special .election be held, an~ 'the same is hereby called to be held, in the City .of Bakers- ' field, California, on the 19th .day of. March, 1~57, for t~e .purpose of .sU6mitting to the qUalified registered electorS. of'.said city a proposition for'the.'adoption by said.~ity .of a plan'for the acquisition, constructi6n and establishment of a p~blic ~tility, to wit., a municipai bus system for said The acquisition and improvement of ·certain · buses', fare boxes, service equipment and vehicles, off'ce'equipment and other appurtenant property presently owned by the Bakersfield Transit c°., the acquisition of additional buses, fare boxes, service equipment, automobiles, shop!t0ols,'radio · . equipment, office equipmeht and other property · necessary for said system, 'and th~ acquisition of .. land and the construction thereon of.of'fices, Shops, fuel station~ fuel tanks', .. and ·other buildings aud structures necessary.for the operation of said system. .-." That th~ estimated cost or price thereof,.which is the estimate-of the cost at which such public utility ca,.be acqulred, a~d constructed), is 'the .sum. of $B95,000. Section 2. .That a special-slect'~on be held, and the'same iS. hereby ca~led to be'held, in the City of Bakersfield,"California,-On the 19th'.daY .of March, 1957, for.t~e purpose of..submitting, to the qualified registered electors, of ~aid.city a proposition ..of.inc~r~i~ng ihdebted-. ness'and issuing bonds of said city therefor, in the amount hereinafter set forth, and for the object a~d 'purPoSe set' forth in · . the resolution referred to in the'recitals hereof and. here- ..inafter. Stated. Section B. That the. object and' purpose for'which _.~ ....... " s~id .indebted~e~s...~p~ed to be incurred and bonds issued therefor is as follows: "~' .Th& acquisition and construction of a certain municipal improvement, to wit: 'a municipal bus system.fOr said city, including the .acquisition and improvement of c'ertai~ buses~ fare boxes, service equipment'and ve~icles~ office equipment~.and other appurtenant property presently owned by the Bakers- .. field Transit Co.~ the acquisition..of additional .buses, fare boxes, service equip~ent',.automobiles, shop tools,.radio equipment~'office eGuipme~t and other property necessary for said system~ and'.t~ acquisi- ...' . tio~ of~ land and the construction' ther'eon..of offices,· shops, 'fUel stati.6n~ fuel· tanks, and other buildings and Structures·necessary for the operation of·said system. Section ~.' That the estimated ·cost o~ t~e municipal -. improvement described in Section'B'hereof.iS the su~ of $'B~5~'000; that the amount of-the principal o~ the indebted- ness·tO 'be incurred thersfor is the sum of $B95,000. · · That the maximum rate of ·intereSt to be paid on. · '~' '·said indebbedness shalI not exceed the'I maximum rate permitted '"' ~y law, to wit, six per'ce~t' (6%) per annUm, pa~able'annually t~e first year a~d semiannually thereafter, the·actual rate or"ra~es of interest on Said'bonds"to be determined at.the t£me'of, the sale or sales thereof. That if th'e Propositi0n'.for the incurr'ing ~f bonded i.ndebtedl~ess'so' submitted receives'the ~equisite number of "~o~ing 'o~ said proposition~bo~ds of said ~ity~ in. nOt exceeding 'the.principal amount stated i~ such pr0p'0siti~n, shall be issued and sold for'the object and ·purpose. s'~t forth 'in said proposition. · . That said.bonds are to be issued for the purpose of ·paying the.cost of the acq~isition and construction.Of the public'utility, the plan for which is stated in Section 1 hereof. Section'5. That'.the polls for' said elections shall be opened at Seven'o'clock A.M~ of.the day.o2 said election a~d shall remain open continuously from said time 'until seven o'clock P.M. of the same.day~ when sald polls' shall be closed'i, except as provided in Section 5?S~'of"the ElectiOns Code of the State of' California'. That on the ballots to be used ~t said.special elections,'ln addition to any Other .matters ·required by law, there shail be prinbed sUbstantially the following: MARK CROSSES (+) ON BALLOT ONLY WITH RUBBER STAMP; NEVER WITH PEN OR PENCIL.. (ABSENTEE BALLOTS MAY BE MARKED WiTH PEN AND iNK "OR PENCIL'. ) '- INSTRUCTIONS TO VOTERS "'To.vote on any mea~ure"stamP a .cr~'ss (+) in the .' voting square after the word "YES" or after the Word "NO". All marks, except.the.cross (+) are forbidden. All distingM'ishing marks or erasures are forbidden and make the ballot vOid. · .. If you wrongly stamp, tear, or'deface'this ballot, re- turn it to the inspector of election and obtain another.- -. On'absent voter's 'ballots mark a cro~s .(*) with pen or sencil. : ·PROPOSITION FOR·'THE ADOPTION. : .~ : ': OF A PUBLIC TRANSPORTATION PLAN: :' .: : : Shall the City of Bakers·field· adopt : : : · . : a'.plan for the acquisition, con- : : : : sbruction and establishment of· ~' : : : .- :' raunicipal bus system for ·said· city,' i"YES' : : '.: Said plan to consist of·the ac- : : : . : quisition and. improvement Of ce~- : : : · ~ '~ain.buses, fare boxes, .service : : : : equipment and veh'icles, office : : : : equipment and other 'appurtenant : : : : ·property presently owned by the'. ': :' : : .]Bakersfield Transit CO., the : : : : acquisition of additional.buses', : : : fare.boxes, service equipment, : : : " : automobiles, shOp tools, radio : : : · · ·: .equipment, office equipment and : : : · .": Other property necessary for.said : : : : system, and the acquisition of land : : .' -' : and'the coDstruction thereon of' : NO : : : offices, shops, fuel station, fuel : : : : tanks, and other buildings and. ' : : . ': : structures necessary, for the :. '~ .:. : operation of said system? : :. ~: .. · : .: : · : : : : " ': PUBLIC TRANSPORTATION' BOND : : · " .: PROPOSITION: Shall the·City of ': ... ; Bakersfield ~ncur a'bonded in- : :' :- debtedness in·the principal amount : :. : of..$395,000 for'the purpose of the : : .. : acqusition and construction by .: : : said.city of a certain municipal YES· : improvement, to.wit:, a municipal : :..bus system for said city, includ- : :.: lng the acquisition and improve- · : : ment of certain buses,·fare boxes, : : : service equipment and vehicles, : : Office equipment, and other appur- : :. tenant property.presently owned .. :' :. : by the Bakersfield. Transit Co., . : : : the acquisition of additional :- : : : buses, fare boxes, service equip- : : . : : merit, automobiles, shop tools, : : : · : radio equipment, office equipment. : : : '. : and other property necessary for : : : : said system, and the acquisition : NO : : .. : of land and the. const~uction thereon:· : : : Of'offices, ·shops, fuel stati~on, : : : : fuel tanks, and other bUildings .·~ · : · : : and structures necessary for the : .: : '"""~" ~ - ,~perati.o~ e~-.. sa~.-'s~s-tem.~ ........... "- ..... ~: ....... '-~ ' · ........ · : : 6. Section 6. A cross (+). placed in the voting square afber the word "YES" in.the manner hereinbefore provided shall be. cQUnt.e~ in fav~?'0f the adoption of 'the' question or proposition. A Cross (+) placed in the voting square after the Word "NO". in the manner hereinbefore provided· shall b~ counted against the' adoption of the question or proposition, .· ·Section 7. That the' ~wo special'elections hereby ..~ call'ed shall be and are.hereby ordered each consolidated · with ~he.'nominating election t0'b~·held"in said city on · '. Tuesday, March 19, 1957, and all'of such'elections shail " be held in all respects as if there wer'e only one election, and'only one.form of 'ballot ~hall be used thereat. The precincts, polling places and officers of election for the two special elections hereby'called shall be the'same as those provided for said nominating election,..'and said srecinct's, polling places and .officers of'election are'. set forth'in the resolution .providing-for. Said nominating· · .' .eleCti6n, to·wit, Resolution No. 6£$? .. adopted by this Council on January 28, 1957. Section 8.. That, except as otherwise provided in this ordinance, said special elections hereby called. shall be conducted as provided by law fob other munibipal elections in said city. 'Section 9. That the Clerk 'shall certify .to· the passage, and adoption of this ordinance .by a vo.te' of. at ..~ ..... _._ ....... . .'...... .. . . . .:'said city~ 'and shall'cause said ordinance' to' be pUblished. · . once 'a day for at least seven .days. prior: .to said elections in T~E BAKERSFIELD CALIFORNIAN~"a newspaper of general · circulation in said city, printed and published six.days a week in said city. No other notice of such elections ~eed be'given. Section. lO. This ordinance shall constitute the Pr0C'l~mation of the elections hereby called and no other pr0clamatio~ Of said elections need be made. Section !1. The Cl'erk shall cause a copy of this .' .. ordinance to be posted as provided in Section 1 of Ordinance ..No. 527 N..S. of said city. Section..12. This'ordinance is an emergency ordidance 'for' the immediate preserVatib'n of the public health, peace,· ~ropertY'and safety within the meaning'of section 2g of the charte~ oF said city and shall take effect immediately upon -'its "passage. .. .. ADOPTED, SIGNED' AND 'APPROVED ·this '4th day.of. · . February, 1957. '"' .... Mayor o: 'Bakersfield, California; ATTEST: .. .. .¢ler~ of tBe City oZ' - Bakersfield, Californi.a. STATE 02 CALIFORNIA ) COUNTY OF KERN I ss. .. CITY OF BAKERSFIELD' ' ' I, MARIAN' S. IRVIN, Clerk of the City of Bakers- . field, CaIifornia, DO HEREBY CERTIFY that the foregoing "" ordi.nance Was duly .passed and adopted bY the .Council. of said city and signed and approved by the Mayor of said city at a regular~meeting of said' Council held February 4 1957, and that Said ordinance was passed and adopted by ia vote of' at least two-thirds of the members of said · Council, to wit: .. AYES: Counciimen 'Car'nakis, '.Collins, Croes, ~ .Do01in, Eveleth, schWeitzer · . NOES: Councilmen:' None' ABSENT: Councilmen None .(SE~L)' Bakersfield, Calif.ornia.. .: Affi aut! of losttng (Ordinances 'STATE OF CALIFORNIA, ) County of Kern~ ss. 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 ....... .t...h..e...__.5._t___h___._d_..a_y__...o...f.....F...e...b__r___u__a_r_y_~ ...................... , 19..5.._7___ she posted on the Bulletin Board at the City Hall, a full, true and correct copy of an ordinance passed by the Council of said City at a meeting thereof duly held on ..... .t..h...e.....4...t..h.....d...a.y.....o.._f.....F...e._b.?...u..a.._r_y.,. ........... , '19...5..?.., which ordinance was numbered .........i.]:___1__1...2_ ................. New Series, and entitled: AN EMERGENCY ORDINANCE OF THE. CITY OF BAKERSFIELD, CALIFORNIA, ORDERING, CALLING, PROCLAIMING, PROVIDING. FOR AND GIVING NOTICE OF TWO SPECIAL ELECTIONS TO BE HELD IN .SAID CITY ON TUESDAY, MARCH 19, 1957, ONE FOR THE PURPOSE OF SUBMITTING TO T~. QUALIFIED VOTERS OF SAID CITY A PROPOSITION FOR THE ADOPTION BY SAID CITY OF A PLAN FOR THE ACQUISITION, CONSTRUCTION AND ESTABLI SH- MENT OF A MUNICIPAL BUS SYSTEM, AND THE OTHER FOR THE PURPOSE OF SUBMITTING TO SAID VOTERS A PROPOSITION TO INCUR BONDED INDEBTEDNESS BY SAID CITY FOR THE MUNICIPAL IMPROVEMENT TO CARRY 'OUT SAID PLAN AND CONSOLIDATING SAID ELECTIONS WITH THE CITY NOMINATING ELECTION TOBE HELD ON SAID DATE. Subscribed and sworn to before me this .....5..t...h._..day of ......... ..F..e...b__r...u...a..r.y.., .............. , 19.....5...7. ..... ........... ~.~~ot~..'-l~lic in and for 'th2 County of Kern, State of California ~ _ ,- ?-.. ,~. ~ ~y 2om~ss~o~ £~res J,~,*,e 9, 1957