HomeMy WebLinkAboutORD NO 1401 OP, I)INANC~. NO. 1401 N-/~ SEI~IES
A~! ORDINANCE OF THE COUX~C!L OF THE C.r.?f OF
BAKERSFIELD PRESCRIBING A PROCEDURE, FOR THE
PRESERVATION OF LOCAL C-'OVEP~XENT IN THE E'~iNT
OF AN ENEHY ATTACK.
BE IT ORDAINED by the Council of the City of Bakersf'.~.,,~ld as
fo 1 lo~s:
Section 1. DECLAIIATION OF LECISLATIVE FII~DINGS A.~I~
The Council of the City of Bakersfield finds and declares tha~. ~.heze
is a clear and present danger that in the event of war Bakers£!~ld ar, d
other cities in. California may be subject to enemy att.ack.
~ile such attacks are in progress and durina ~he
period roi!owing such attacks it is vital that the C.tcy
co?.tinue to function in order to preserve law and order and ~_o
continue or restore local services.
In enacting this ordinance the City Council intends
it~el£ to the fullest extent of the powers granted to 1¢cal
by Division ?, Article 6 of the Military and Veterans Code of
State '~f California.
Section 2. DEFINITIONS. 'Disaster" means a war or
caused calamity such as an enemy attack which renders unavailable a
majority of the Council of the City of Bakersfield.
"Unavailable" means that an officer is either killed: r.a~.~sing
or so seriously injured as to be unable to attend meeti.ngs and
otherwise to perform his duties. Any question as to whether
particular officer is unavailable shall be settled by the leg~s'[a$-':.'...',re
body of the City of Bakersfield, or any remainir~ availabl.e
of sa_.i.d._.bo, dy (including stand-by officers who are servir~§ on sf.'~.i.
'!egishtive body). '-'
"Stand-by officers" means qualified persons appo.~.nted pu'csuant
to this ordinance to'hold themselves available to function as !:.',.c'canb~r...'.:.,'.
of the post for which they have been appointed in case of
"Local agency" means counties, cities and counties, ,-.~.ti.~s
districts, authorities and other public corporations and enti. t.~.es
the State of California, whether organized and existing under, charter
or general law. · ................. " . ..........
Section 3. STAND-BY OFFICERS; APPOINTMENT, VACAI;CIES,
DESIGI/ATIONS. To provide for the continuance of the legislativ.e and
a&r,~nistra~ive departments of the City, the City Council shall have
the power ~o appoint the following stand-by officers:
(a) Three for each Councilman.
(b) Three for the Mayor.
(c) Three for the City Manager.
(d) Three for each Department Head.
Such appointments shall be mede by a simple majority of the
City Council.
In case a s~and-by office becomes vacant because of removal,
death~ resi~nation or other cause the City Council shall have the
power to appoint another person to fill said office.
Stand-by officers shall be desi~nated 1, 2 and 3 in the o::de.~:
of their priority of succession to the office.
Section 4. QUALIFICATIONS OF STAND-BY OFFICERS. The
qualif.%cattons of each stand-by officer shall be carefully invertS.-
gated and a s~..,,~ry of the qualifications of each such officer ~hail
be entered on the minutes ~4~en he is appointed.
...... _C0.n__s..ideration shall be given to places of ~esidence and
so that for each office for which stand-by officers are
there shall be the greatest probability of survivorship. Stan4..by
officers may be residents or officers of a local a§ency othez rha'..~
that to ~hich they are appointed as stand-by o£fi. cerso ~tte
~equ~.re~ncs for o~ficers and employees contained in Section l~
City C~rter s~ll not apply to stand-by officers,
Section 5, ~ OF OFFICE; ~, ~OV~. Each
officer s~ll 2ake the oa~ of office required for the officer
occupyin~ ~he office for which he stands by.
Persons appointed as stand-by officers shall ser~ in their.
pos2s as stand.-by officers a~ 2he pleasure of the le~is!aZive body
appointin~ them and ~y be re~ved and rep~ced az any tim~ wi~h or
without cauae. S~and-by officers 'shall receive no c~nsat:to~
~he perfo~nce of ~he~r duties as s=and-b~ officers,
Sec~i~ 6, DUTIES. Each s~and-by officer shall l~ve
(a) To info~ hi, elf of ~he duties of ~ office for
he is s~and-b~ officer, For ~his p~pose =he officers and
of ~he City shall cooperate ~h ~he s~and-by officers.
(b) To ~ep infold of the business and affairs o~ ~e City
~o the ex~enC necessary to fill his pos~ c~pe~ently. For
~rpose ~he City ~ arrange info~tion ~e~in~s and requira
a~ten~nce,
(c) To i~dia~ely report himself ready for duty in the
o~ d~saster at ~he place and in ~he ~hod previously desi~a~ed by
~he Ci=y,
(d) To fill ~he pos~ for which he has been appof, nted
...... .~eca~ .~f .... d~sas~er it has bec~ va~n~, S~nd-by officers I~e,
S~and-by .................
and No, 3 shall subs~i~u~e in succession for office= ~, ',
in the same ;ray that said stand-by officer is substituted in place of
~he regular o.~f.~.cer, He shall serve until the recovery of the
~:egu!ar officer from his injuries or the election or appointment of
a new .~e§ular officer.
Section 7. MEETING OF LEGISLATIVE BODY AFTER DISASTER. The
City Cguncil ~,hall meet as soon as possible after a disaster. The
.D. lace ~f meeting need not be with.~.n the local agency. The meeting may.
be calked by the Mayor, City Mane§er, City Attorney, or b.y a majority
of the availabl~ members of the City Council. Should there be only
one me uber of the City Cot~.ncil available he may call and hold said
meeti..n~ and perfo~,,~ acts necessary to reconstitute the City Council,
Section 5, PO}IERS ~3qD DUTIES AT FIRST MEETING. At the first
meetin§ afte~ the disaster the City Council shall:
(a) Ascertaf..n the damage to the City and its personnel and
p.~operty. For ~his purpose it shall have the power to issue, subpoenas
to corn.eel the attendance of' witnesses and the production of records.
(b) Proceed to reconstitute itself by filling vacancies until
there are sufficient counc~.lmen to form a quorum. Should only one
Counci'.Jea_n or the Mayor be ava.~.lable, then he shall have power to
~eco'nst:itu~e the City Council.
(c) Pro,.ced to reconst.~.tute the City Cou~ncil by appointment
of qua.".ified .ve~.'sons to fill vacancies,
(d) Proceed to perform its ftmction, s in the preservation of
la~ and o.'~-de.~ a~d in the furnishing of local services.
Sect.~.on 9. ?f~PORAP. Y OFFICERS, Should all members of the
i]:Lt;y ,~,;~t~.C.~l$ including al! stand--by members, be unavailable, temporaTy
o£fice~s sb. alI be appointed as follows:
4.
(a) By the Chairman of the Board of Supervisors of Kern
County, and if he is unavailable,
(b) By the Chairman of the Board of Super~sors of TuLare
County, and i£ he is unavailable,
(c) By the Chairman of the Board of Supervisors of Fresno
County, and if he is unavailable,
(d) By the Mayo~' of the City of Delano, and if he is unavailable,
(e) By the Mayor of the City of Fresno.
Section 10. PART$2.~. Ih~ALIDITY. If any section, subd/vision,
subsection, sentence, clause or phrase in this article, or the appli-
cation thereof, to any persons or circumstance is for any reason held
invalid the validity of the re-~inder of the article, or the applicatlon
of su¢:h provisi, on to other persons or circums~ances shall not be
affected thereby. The City Council hereby declares that it would
have passed th£s article and each section, subdivision, subsection,
sent~tce, clause or phrase thereof, irrespective of the fact tha~ one
or mo::e sections, subdivisions, subsections, sentences, clauses or
pb. ras~:s~ or the appl~_cat[on thereof, to any person or circumstance be
he ld ':nra l~d.
I HEREBY CERTIFY that the foregoing Ordinance was passed and
adogt,~_d by '.he Council of the City of Bakersfield at a regular
Chere ;£ held on the ~h day of Jan~ry, 1962, by the followin~ vote:
NO~=
~AINI~,
Cc~cil of the City of Ba~rsfield.
APPRO,'ED Chi? .l_5_t.h day ~J~uar[, 1962.
Af u av of os ng ( r an es
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 tlmt
on ......... ..1..6..t...h.....d..a...Y.....°...f._...~_.a...n...u..a....r~r...,. .............................. ,19..6.~_.. she posted on the Bulletin Board at
the City Hall, a full, true and correct copy of an ordinance passed by the Counci.~ of said City at a
meeting thereof duly held on ...... ..t..h..9....1...5..t...h.....d...a~.....o...f....~..a..n...u...a..r.x~ ......... ,19..6...2..., which ordinance
was numbered .............. .1..4...0...1. ............ New Series, and entitled:
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
BAKERSFIELD PHESCRIBING A PROCEDURE FOR THE
PRE SE1UfAT I ON OF LOCAL GOVE~NT IN T~, EVENT
OF AN ENEMY ATTACK.
Subscribed and sworn to before me this
._._]:..6..t...h..day of. ............. ~..a..n...u...a..r.~.~ ............ , 19...._6.~.
..............
~. #' .:' Not~r~ l'ubl~, in and ~or the Count~ o~ Kern, f~t~te o!
"~ ~- Z ~ WALTE~ W. ~flT~f, 1Votary Publ~
.~ ~ :.;, :f My Commission ~xpir0s ~uno
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