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HomeMy WebLinkAboutORD NO 2520ORDINANCE NO. 2520 NEW SERIES AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD AMENDING SECTIONS 4.06.050, 4.06.0'70, 4.06.080, 4.06.090, 4.06.110, 4.06.120 AND 4.06.130 OF CHAPTER 4.06 AND SECTIONS 4.10.100 AND 4.10.120 OF CHAPTER 4.10 OF THE MUNICIPAL CODE RELATIVE TO ELECTIONS. BE IT ORDAINED by the Council of the City of Bakersfield as follow: SECTION 1. That Section 4.06.050 of Chapter 4.06 of the Municipal Code of the City of Bakersfield is amended to read as follows: 4.06.050 Examination of Petition by City Clerk. When a Petition of Nomination is presented to the Clerk for filing, he slhall forthwith examine the same and ascertain whether it is sufficient under the provisions of the Charter. Within three days thereafter he must examine and determine whether or not it is sufficient and shall attach to the petition his certificate, showing the result Of the examination, and forthwith send by certified mail or make personal delivery to the candidate a copy of the certificate. If the petition is found insufficient, such certificate of the Clerk shall designate each individual certificate found to be defective and the defect therein. If the petition is insufficient, it may be amended or supplemented by the presentation of additional nominating certifi- cates, not later than eighty-nine days before the nominating election. The Clerk shall, within two working days after the presentation of such additional nominating petition, make like examination and determination of the amended petition, and attach to it a like certificate, and forthwith send by certified mail or make personal delivery to the candidate a copy of the certificate, and if his certificate shows the amended petition to be insufficient, the petition shall be returned to the candidate seeking a nomination whose name then shall not appear on the ballot at this election. SECTION 2. That Section 4.06.070 of Chapter 4.06 of the Municipal Code of the City of Bakersfield is amended to read as follows: 4.06.070 Resolution Calling Election. Not later than seventy- five days before the day of election, the Council shall adopt a resolution calling the election. SECTION 3. That Section 4.06.080 of Chapter 4.06 of the Municipal Code of the City of Bakersfield is amended to read as follows: 4.06.080 List of Candidates. Immediately after the petitions for nomination are filed, the City Clerk shall enter the names of the qualified candidates in a list and shall, not later than sixty- eight days before the nominating election, certify such list as being the list of candidates nominated, and the Council shall cause said certified list to be filed and published in the proclamation calling the election two times, once a week for two successive weeks, commencing at least fifty-nine days before the day of election. SECTION 4. That Section 4.06.090 of Chapter 4.06 of the Municipal Code of the City of Bakersfield is amended to read as follows: 4.06.090 Names on Primary Election Ballot. Whenever anyone has declared his candidacy for a primary election, his name shall be printed upon the ballot for the primary election, unless. he has died and the fact has been ascertained by the officer charged with the duty of printing the ballot, at least fifty-nine days before the day of election. SECTION 5. That Section 4.06.110 of Chapter 4.06 of the Municipal Code of the City of Bakersfield is amended to read as follows: 4.06.110 Inability of Candidate to Fill Office. In the event there is only one candidate for said office who has duly qualified as shown by the certificate of the City Clerk, and said candidate prior to or subsequent to the election is unable to serve by reason of his changing his residence to another location outside the City, or for any other reason whatsoever is unable to fill the office of Mayor, then in that event the Council shall, not later than the first meeting of said Council in the succeeding calendar year~ another person as Mayor to serve for a full term. Said appointed may, but need not, be a member of the Council. appoint person so SECTION 6. That Section 4.06.120 of Chapter 4.06 of the Municipal Code of the City of Bakersfield is amended to read as follows: 4.06.120 Two or More Candidates--Tie Votes. Whenever two or more candidates receive an equal and the highest number of w)tes for the office of Mayor, the Council shall determine the tie by lot. SECTION 7. That the last paragraph of Section 4.06.130 of Chapter 4.06 of the Municipal Code of the City of Bakersfield is amended to read as follows: The polls will be open between the hours of 7:00 A.M. and 8:00 P.M. SECTION 8. That Section 4.10.100 of Chapter 4.10 of the Municipal Code of the City of Bakersfield is amended to read as follows: 4.10.100 List of Candidates. The City Clerk shall, not later than sixty-eight days before the date set for the special election, enter the names of the candidates in a list and shall certify such list as being the list of candidates nominated, and the Council shall cause said certified list to be filed and published in the proclamation calling the election two times, once a week for two successive weeks, commencing at least fifty-nine days before the day of elec- tion. SECTION 9. That the last paragraph of Section 4.10.120 of Chapter 4.10 of the Municipal Code of the City of Bakersfield is amended to read as follows: The polls will be open between the hours of 7:00 A.M. and 8:00 P.M. SECTION 10. This ordinance shall be posted in accordance with the City Charter provisions and shall become effective thirty (30) days from and after the date of its passage. .......... 000 .......... 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 the 12th day of September , 1979, by the following vote: CITY C d Clerk of the Council of the City of Bakersfield APPROVED this lDth d;3y of September M~Q~of the Ci-y of Bakersfield , 1979 APPROVED as to form: AffiXave! of j os ng r uan es STATE OF CAL1FORN1A, f County of Kern ss. H. E. BERGEN, being duly sworn, deposes and says: That he is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that oa ................................S....e..B..t.~.~.~.e...~......1...~.,. ...............................................19._.~..~.. he posted on the Bulletin Board at the City Hall, a full, t~e and correct copy of an ordinance passed by the Council of said City at a meeting thereof duly held on ..........~l~.~..~.~..b.~.~..~......~.~ ................................19_~..., which ordinance was numbered_......2$2~ .................New Series, and entitled: AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD AMENDING SECTIONS 4.06.050, 4.06.070, 4.06.080, 4.06.090, 4.06.110, 4.06.120 AND 4.06.130 OF CHAPTER 4.06 AND SECTIONS 4.10.100 AND 4.10.~20 OF CHAPTER 4.10 OF THE MUNICIPAL CODE RELATIVE TO ELECTIONS. Subscribed and sworn to before me this ~..~....~.~y of...~ .._~ MARGARET A. URSINJ~