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ORDINANCE NO. 2432 NEW SERIES
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
BAKERSFIELD AMENDING SECTIONS 4.10.020,
4.10.030, 4.10.080(a), 4.10.090 AND 4.10.100
OF THE MUNICIPAL CODE RELATIVE TO SPECIAL
ELECTIONS.
BE IT ORDAINED by the Council of the City of Bakersfield as
SECTION 1.
Section 4.10.020 is amended to read as follows:
4.10.020 Time of Holding Special Election. Whenewer it becomes
mandatory upon the Council by the Charter, or in the public interest,
to call a special election to fill a vacancy in the office of Council-
man, the Council shall by resolution call such election to be held
not earlier than ninety days nor later than one hundred eighty days
from the time said resolution calling the special election is adopted
except as otherwise provided in this chapter.
SECTION 2.
Section 4.10.030 is amended to read as follows:
4.10.030 Vacancy More Than Six Months of General Election.
Whenever a vacancy occurs on the Council more than six months of the
next general election for Councilman in the ward where the vacancy
occurs and it becomes mandatory for the Council to call a special
election, such election shall be held on the same date as the
general election, and the Council by majority vote may fill the
vacancy by appolntment during the interim period that exists be-
tween the time the Council by resolution calls the eleotion and the
date on which the election is held.
SECTION 3.
Section 4.10.080(a) is amended to read as follows:
4.10.080(a) Time For Presenting Petition For Nomination; Filing
Fee.
(a) A petition for nomination consisting of not less than
twenty-five nor more than fifty individual certificates may be pre-
sented to the Clerk not earlier than one hundred eight days, nor
~ater than seventy-eight days before the date set for the special
election. The Clerk shall endorse thereon the day, hour and minute
when the petition was presented to him.
SECTION 4.
Section 4.10.090 is amended to read as follows:
4.10.090 Examination of Petitions by City Clerk. The examination
of petitions of nomination and the correction of said petitions shall
be governed by the provisions of Section 73 of the Charter. When a
petition of nomination is presented for filing to the Clerk, he shall
forthwith examine the same and ascertain whether it is sufficient
under the provisions of the Charter. within seven days thereafter
he must examine and determine whether or not it is sufficient and
shall attach to said petition his certificate, showing the result of
said examination, and forthwith send by registered mail, or deliver
a copy of said certificate to the person seeking a nomination. 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 an additional nomina-
ting petition or petitions containing additional nominating certifi-
cates, not later than seventy days before the date of the special
election. The Clerk shall, within two 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 mail a copy as aforesaid, and if his certificate
shows the amended petition to be insufficient, the petition shall be
returned to the person seeking a nomination, who shall not be eligible
for the office at this election.
SECTION 5.
Section 4.10.100 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 for three successive days, com-
mencing seven days before the day of election.
SECTION 6.
This ordinance shall become effective thirty 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 2d/zLd_ day of A~,~t , 1978, by
the following vote:
AYES: COLff~CILMEN BARTON, CHRISTENSEN, MEDDERS, RAllY, ROGERS, SCEALES,
~ of
APPROVED this 2~_r__d~ August ,
1978
APPROVED as to form:
CITY ATTORNEY of ~'~Y of Bakersfield
Aff av of os ng r nan es
STATE OF CALIFORNIA, 1
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 iBakersfield; and
August 24 78
that oa ............................................................................................................................., 19 ............he 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 .............~.~.~.~....~ .............................................., 19..~..~_., which ordinance
was numbere~ ......... 2~i32 .............New Series, and entitled:
An Ordinance o£ the Council of the City
Bakersfield amending Sections 4.10.020,
4.10.030, 4.10.080 (a), 4.10.090 and
4.10.100 of the Municipal Code relative
to Special Elections.
of
Subscribed and sworn to before me this
.~.~.~'.h... day of ...........