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HomeMy WebLinkAboutORD NO 2376ORDINANCE NO. 2376 NEW SERIES AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD AMENDING THE BAKERSFIELD MUNICIPAiL CODE BY REPEALING CHAPTER 4.16 AND SUBSTITUTING IN LIEU THEREOF A NEW CHAPTER 4.16, CONCERNING PROCEDURE FOR GENERAL MUNICIPAL ELECTION. BE IT ORDAINED by the Council of the City of 'Bakersfield as follows: SECTION 1. That the Bakersfield Municipal Code is hereby amended by repealing Chapter 4.16 of Title 4, and substituting in lieu thereof a new Chapter 4.16 to read as follows: Sections: 4.16. 010 4.16.020 4.16. 030 4 16.040 4 16.050 4 16. 060 4 16.070 4 16.080 4 16. 090 4.16. 100 Chapter 4.16 PROCEDURE FOR GENERAL MUNICIPAL ELECTION Authority for Procedure Date of General Municipal Election Petition For Nomination; Filing Fee; Petition Lieu of Filing Fee Examinations of Petitions by City Clerk Withdrawal of Candidate For Nomination List of Candidates City Charter and Elections Code Provisions Extra Help For Clerk Informalities in Election Qualification of Members of Council in 4.16.010 Authority For Procedure. This chapter is enacted pur- suant to Section 74 of the City Charter and is supplementary to the provisions of the City Charter. 4.16.020 Date of General Municipal Election. A General Municipal Election for the election of members of the Council shall be held on the first Tuesday after the first Monday in March in each odd-numbered year. The persons having the highest number of votes given for each office shall be elected. The members of the Council elected shall hold office until their successors are elected and qualified. 4.16.030 Petition For Nomination; Filing Fee; Petition in Lieu of Filing Fee. (a) A petition for nomination, consisting of not less than twenty-five nor more than fifty individual certificates for any one candidate, shall be presented to the City Clerk not earlier than the 108th day nor later than the 78th day before the General Municipal Election. The Clerk shall endorse thereon the day, hour and minute when the petition was presented to him. (b) All candidates for the office of member of the Council shall pay a filing fee of twenty-five dollars to be paid upon the first presentation of the petition of nomination. (c) Notwithstanding the provision of subsection (b), a candidate may submit, in addition to the required individual certificates, a separate petition containing four signatures of registered voters entitled to vote for the candidate for each dollar of the filing fee, in lieu of the filing fee. At the time of the first presentation of the petition of nomination, the candidate shall pay any portion of the fee not credited to the candidate by virtue of the separate petition he presents. A candidate may submit the appropriate number of signatures to cover all or any pro rata portion of the filing fee. (d) The separate petition for which credit may be given under subsection (c) shall be on a form furnished by the City Clerk and shall read substantially as follows: "Petition in Lieu of Filing Fee" "I, the undersigned, certify that I do hereby join in a petition in lieu of filing fee, for the nomination of ., to be voted for at the forthcoming election, for the office of .; that I believe he is fully qualified for. said office, and should be elected thereto; and I further certify that I am a qualified elector, and am not a signer of any other petition nominating any candidate for the above-named office. Signature Printed Name Residence Address Date of Signing" (e) The City Council reserves the right to waive filing fees for all candidates. 4.16.040 Examinations of Petitions by City Clerk. When a petition of nomination is presented for filing to the Clerk, he shall forth- with examine the same, and ascertain whether it is sufficient under the provisions of this chapter. Within seven 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 mail or deliver, a copy of the certificate to the person seeking a nomination. If the petition is found insuffi- cient, 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 nominating petition or petitions con- taining additional nominating certificates, not later than the 70th day before the date of the General Municipal 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 or deliver a copy as aforesaid, and if such 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. 4.16.050 Withdrawal of Candidate For Nomination. Any person who has filed his declaration of candidacy, as provided in this chapter, may, not later than the 70th day before the day of the General Muni- cipal Election, cause his name to be withdrawn from nomination, by filing with the Clerk an affidavit stating that he so withdraws, and no name so withdrawn shall be printed on the ballot. 4.16.060 List of Candidates. Immediately after the petitions for nomination are filed, the City Clerk shall enter the names of the candidates in a list, with the offices to be filled, whether for a full or unexpired term and the names of the candidates for each, and shall, not later than 68 days before the Municipal General Election, certify such list as being the list of candidates nominated. 4.16.070 City Charter and Elections Code Provisions. Except as otherwise provided in this chapter, and the City Charter, elections shall be held in accordance with the provisions of the Elections Code of the State of California. 4.16.080 Extra Help For Clerk. If necessary, the Council pro- vides extra help to enable the Clerk to perform his duties, under any election provision of the Charter, state statutes and this chapter. 4.16.090 Informalities in Election. No informalities in conduc- ting elections shall invalidate the same, if they have been conducted fairly and in substantial conformity to the requirements of this Charter and the ordinances relating thereto. 4.16.100 Qualification of Members of Council. A person is not eligible to hold office as member of the City Council unless he is otherwise qualified, resides in the ward and both resided in the geographical area making up the ward from which he is elected and was a registered voter of the City at the time nomination papers are issued to the candidate as provided for in Section 22842 of the Elections Code as it may be amended from time to time. SECTION 2. This ordinance shall become effective thirty days from and after the date of its passage. .......... o0o .......... I HEREBY CERTIFY that the foregoing ordinance was passed · 1 and adopted by the Council of the City of Bakersfze d at a regular meeting thereof held on the 26th day of October, 1977, by the follow- ing vote: CITY C~?~ and the Council of the City of ~akersfield APPROVED this 26th day ~f October, 1977 ~ o'Z~ t~fte Czty of Bakersfield APPROVED as to form: CITY ATtO Y o~ ~City of Bakersfield Affii avit of finsting (Orilinanres STATE OF CALIFORNIA, ~ 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 .........................(~...c...t....o....b.~.~.....2_.~ ................................................................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 ........... p..c...~..~.~.9..~.....~..~ ..............................., 19....7...~.., which ordinance was numbered ....... 2~.76 ...........New Series, and entitled: AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD AMENDING THE BAKERSFIELD MUNICIPAL CODE BY REPEALING CHAPTER 4.16 AND SUBSTITUTING IN LIEU THEREOF A NEW CHAPTER 4.16, CONCERNING PROCEDURE FOR GENERAL MUNICIPAL ELECTION. Subscribed and sworn to before me this ~7~.. day of 0~ t~).b~.r ............. 19. ~.7..