HomeMy WebLinkAboutORD NO 2214EMERGENCY ORDINANCE NO. 2214 NEW SERIES
AN EMERGENCY ORDINANCE OF THE COUNCIL OF THE
CITY OF BAKERSFIELD AMENDING SECTION 4.16.110
OF TITLE 4 OF THE MUNICIPAL CODE, CONCERNING
QUALIFICATIONS FOR COUNCILMAN.
WHEREAS, the 3d District Court of Appeals of California
recently declared a one-year requirement of residency for city
council candidates in contravention of the Fourteenth Amendment
of the U.S. Constitution, excessive to the needs of election
machinery, ineffectual as an assurance of knowledgeable candidates,
and not necessary for achieving a legitimate governmental interest;
and
WHEREAS, Section 4.16.110 of the Bakersfield Municipal
Code presently requires candidates for member of the City Council
to be residents of the city for one year; and
WHEREAS, the next councilmanic nominating election for
the City of Bakersfield will be held on February 25, 1975 and the
filing of nominating petitions may be filed on November 27, 1974;
and
WHEREAS, it is necessary that the present requirement of
the Municipal Code, as contained in Section 4.16.110 t~hereof, be
amended to conform to the constitutional requirements as expressed
in the 3d District Court decision, and be effective prior to the
time candidates for City Council may file nomination papers for
such office, in accordance with Section 24 of the Bakersfield City
Charter.
NOW, THEREFORE, BE IT ORDAINED by the Council of the
City of Bakersfield as follows:
SECTION 1.
That Section 4.16.110 of Chapter 4.16 of Title 4 of
the Municipal Code of the City of Bakersfield is amended to read
as follows:
4.16.110 Qualifications of Councilmen.
A. Candidates. Candidates for member of the City Council shall
have the following qualifications at the time the petition for
nomination for such office may first be legally filed:
(1) Have resided in the City of Bakersfield for a
period of 30 days; and
(2) Be electors of the ward which they seek to represent.
B. Councilmen. Councilmen shall be residents and electors
of the ward they represent.
SECTION 2.
This ordinance is hereby declared to be an emergency
ordinance under Section 24 of the Bakersfield City Charter and
shall become effective ir~nediately upon passage.
.......... 000 ..........
I HEREBY CERTIFY that the foregoing emergency ordinance
was passed and adopted by the Council of the City of Bakersfield
at a regular meeting thereof held on the 18th day of November,
1974, by the following vote:
CITY ~RK a~d Ex/~fficio Clerk of
Council of the C!tfy of Bakersfield
the
MArty o? Bakersfield
1974
APPROVED as to form:
CItY A~T6RNE~ o~ the City of Bakersfield
Afft avt! of osttng ( r tna es
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 on ........................................~.~..~._m...l~..~...r.......~..~. ........................................, 19...7-.~... 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 .................I~.~..~.~.n~.~.~...~.~ ......................., 19.~...4__., which ordinance
was numbereel .2.~]~ .......New Series, and entitled:
AN EMERGENCY ORDINANCE OF THE COUNCIL OF THE
CITY OF BAKERSFIELD AMENDING SECTION 4.16.110
OF TITLE 4 OF THE MUNICIPAL CODE, CONCERNING
QUALIFICATIONS FOR COUNCILMAN.
Subscribed and sworn to before me this
20th day -~ November 19 74
~ ,?.~ Marguer!te Anderson ,