HomeMy WebLinkAboutRES NO 17-54RESOLUTION DECLARING !THE INTENTION OF THE COUNCIZ
OF THE CITY OF BAEERSFIELD TO 'SUBMIT CERTAIN AMEND-
ENTS TO THE CHARTER OF THE CITY'0F BAKERSFIELD,
NAMELY: TO ADD SECTIONS ll.1, 3S.1, 33.2 and 33.3;
TO ADD SUBDIVISION (a) TO SECTION (216) 9; TO AWEND
SECTIONS '43 (a), 45 A~I) (224) 4; FIXING THE' TIME OF
THE ELECTION AT WHICH SAID PROPOSED AMENDEtENTS SHALL
BE SUBMITTED TO THE EIECTORS-'; AND DIRECTING THE CITY
CLERK TO PUBLISH NOTICE OF THE ELECTION.
WHEREAS, the Council of the .City of Bakersfield is desirous
of submitting certain amendments to the Charter of the City of
Bakersfield to the electors of the City of Bakersfield, in the
~nner required by Section 8 of Article XI of the Constitution
of the State of California,. at a special municipal election to
be ·held in the City of Bakersfield and to be consolidated with
the State Direct Primary Election to be held on the 8th day of
JUne, 1954, and
WEEAS, the specific amendments desired to be submitted
read as follows:
PROPOSITION N0.1
"OFF-STREET VEHICULAR PARKING
SECTION 33.1 That the City. of Bakersfield, in addition to
all other powers elsewhere enumerated in this Charter,
shall have the power to acquire (whether by purchase,
lease, eminent domain or otherwise'), construct~ establish,
improve, extend, maintain, .operate, administer, lease, sub-
lease and let off-street vehicular parking facilities and
places within· the City of Bakersfield in order to relieve
traffic congestion and promote the welfare of the citizens
and inhabitants thereof.
Without limiting' the generality of the next preceding
acquire lands and property and rights-of-way
necessary and convenient for use as parking .places;
(b) To acquire lands and property and rights-of-way
necessary and convenient for the opening, widening,-
straightening and extending of streets or alleys necessary
or convenient for ingress or egress from any parking place
herein established;
(c) Tc acquire by condemnation, purchase, or gift, any
property or 'any interest therein. Any lands or property
necessary or convenient for off-street vehicular parking
places may be acquired in fee simple by condemnation or
otherwise;
(d) To improve any lands acquired by the construction
thereon of garages or other buildings or improvements
necessary .or convenient for off-street vehicular parking
purposes;
(e) To collect fees or charges to pay all or any part
of purchasing, improving, repairing or operating off-street
vehicular parking. To establish and regulate rates and
charges f.r all services provided for to the users of such
faci~itie s;
(f) To establish funds for such system or systems and
place limitations upon the use of moneys therefrom;
(g) ' To establish off-street vehicular parking places
only within the City of Bakersfield;
(h) To do any and all acts or things necessary or
appropriate to carry out the purposes .of this section."
"POWERS OF THE COUNCIL
SECTION 33.2 In addition te all other powers elsewhere
enumerated, the Council shall have the power:
(a) To make all necessary rules and regulations regard-
ing the operation and'maintenance of off-street vehicular
parking facilities;
(b) To issue revenue bonds and refunding revenue bonds
for the purchase, acquisition, construction, improvement,
operation and maintenance of any and all off-street vehicular
parking facilities so acquired and to evidence such obliga-
tion for payment. discharge and retirement of the cost of
such facilities, improvements and projects.by the issuance
of revenue bonds therefor, including refunding revenue bonds,
in negotiable or non-negotiable form and payable solely out
of the revenue derived. from the operation, and control of
such off-Street vehicular parking facilities, in accordance
with the procedure established by Section 33.3 'f this Charter;
(c) To bind, allocate, pledge and authorize payment of
all or any par~t of~ the net revenues collected from the
establishment and operation of parking meters within this
City for periods of years for the payment of operation and
maintenance costs of such off-street vehicular parking
facilities and principal and interest on all revenue bonds
issued' and outstanding, until all of such bonds have been
fully paid.
"REVENUE BONDS.
SECTION 33-3 Revenue bonds may be authorized by the Council
of the City of Bakersfield by resolution of five affirma-
tive votes of the Council, at a duly assembled meeting. All
such revenue bonds se issued shall contain~.a Irecital an
their face that neither the payment of the principal of or
interest thereon constitutes a debt, liability or obligation
-of the City of Bakersfield, except as provided in this Sec-
tion. All such revenu~ bonds shall be payable exclusively
from the revenues derived from the operation of such off-
street vehicular parking facilities and revenues from
parking meters, or such specific portions thereof as may
be allocated and pledged to the payment of such revenue
bonds in accordance with the terms of the resolution under
which said revenue bonds are authorized to be issued,
Reference on the face'of such revenue bonds to such re so-
luti.n by its date of adoption shall be sufficient to
incorporate all of the provisions thereof into the body
of said revenue bonds and their appurtenant coupons. Each
taker and subsequent holder of said revenue bonds or coupons,
whether such c.upons are attached to or detached from,
said revenue b.nds shall have recourse to all of the pro-
Visions of such resolution and shall be bound thereby.
1. The Council of' the City of Bakersfield shall have
power and is hereby authorized;
(a) To fix the aggregate principal mount of all
revenue bonds which may'from. time to time be issued; to
prescribe the purpose or purposes for which the ssme may
be issued and to provide for 'the issuance of additional
bonds and the security therefor; ~
(b) . To prescribe. ,the form and denomination of the
revenue bonds and the terms and conditions upon which the
same shall be issued, paid and retired. Revenue bonds
may be issued in one ~r more series, may bear such date
or dates; may mature at such time or times not exceeding
f.rty (40) years from their respective~ dates (provided
that if any authorized issue of revenue bonds is divided
into two or more series or divisi.ns, the maximum maturity
date of each such series or division shall be calculated
from the date on the face of each bond separately, irrespect-
~l~ve of the fact that different dates may be prescribed for
the bonds of each separate series or division of any author-
ized issue); may be in the f.rm of-serial bonds or sinking
fund bonds with serial or term maturities; may bear interest
at a rate or rates not exceeding six (6) per cent per annum,
payable annually or semi-annually; may. be in such denomi-
nation or denominations and in such form, either coupon
or registered; may carry such registration or conversion
privileges; may be executed in such manner; may be payable
in such medium .f payment and at such place or places
within or without the State of California; may be subject
to such terms of redemption ~ith or without premiUm pro-
vided that no such premium shall be in excess of six (6)
per cent of the par value of such revenue bonds and pro-
vided further that none of such revenue bonds shall be
subject t, call or redemption prior to their fixed maturity
date unless the right to exercise such call is expressly
stated on the face of the bonds all as provided in such
resolution or resolutions of said City Council; provided
further that all revenue bonds maturing subsequent to
five (5) years from their date may be issue_d as callable
b~'nds, subject' to redemption at the Option~ of the City'upon
such' terms as the Council shall determine.
(c) To provide, in and by the resolution or resolutions
.
authorizing the issuance, the terms and 'conditions upon
which all such revenue bonds issued thereunder may be
declared or become due and payable in the event of said
defaults, if any, as may be specified in said resolution;
may also provide for the replacement of mutilated, destroyed,
stolen or lost bonds;
(d) To provide in and by such resolution for the
authentication and execution of revenue bonds .by manual,
lithographed or mechanically reproduced facsimile signatures
of any officers of the City Council and also to provide for
additional authentication of such revenue bonds by any
trustee or fiscal agent appointed by said Council. If
any of the officers whose signatures on coupons cease to
be officers before the delivery of said revenue bonds or
coupons to the/purchasers thereof, their signatures or
counter-signatures shall nevertheless be valid and of the
same force and effect as if such officers had remained in
office until the delivery of the revenue bonds and coupons.
(e) To provide by resolution, pending the preparation
of the definitive bonds, for the issuance of interim re-
ceipts or temporary bonds exchangeable for definitive bonds
when such definitive bonds are ready for delivery in such
form and with such provisions as may be provided in said
resolution and further to provide, that notwithstanding the
form or tenor of such interim receipts or temporary bonds
that such interim receipts, temporary bonds and also all
revenue bonds shall' at all times be, and be treated 'as,
negotiable instruments for all purposes;
(f) To provide that the proceeds of the sale of said
revenue bonds shall be applied~to the payment of all ~costs
and expenses to be inc~urred in connection with the issuance
of said bonds, including fiscal agents, and legal expenses,
working capital and interest, which it is estimated will
accrue during the construction period and for not exceeding
six (6) months thereafter or money borrowed or which it is
estimated wilI be borrowed through the issuance of 'such
revenue bonds.
2. Revenue bonds authorized hereby.may be sold by the
City COLUnCiI from time to time in such manner as the Council
may determine and at a price below the par value thereof;
provided that the maximum net interest cost on revenue bonds
sold below par or face value shall not exceed an average
of six (6) per cent per annum, payable annually or semi-
annually, to ~the respective maturity dates of said revenue
bonds as determined by standard tables of bond values.
3. The Council shall have authority to provide for the
issuance, sale or exchange of refunding revenue bonds for
the purpose of redeeming, retiring or refunding any revenue
bonds issued underI this Charter subje~.t to any limitations
contained in the resolution providing for the issuance of
such revenue bonds. All provisions of this section, applic-
able to the issuance of revenue bonds are hereby made
applicable to the issuance of refunding bonds and to the
4~
sale or exchange thereof. Refunding revenue bonds may
be issued in the principal amount sufficient to provide
funds for the payment of all re'venue bonds to be refunded
thereby and in addition for the payment of all expenses
incident to the calling, retiring or' paying,. of such out-
standing revenue bonds in the issuance of such refunding
bonds. Such expenses may include any mount necessary
to be made available for the p~yment of interest upon
such refunding bonds from the date of sale thereof to the
date of payment of the revenue bonds to be refunded and
also the premium, if any, necessary to be paid in order
to call and retire the outstanding revenue bonds and the
interest accruing thereon to the call date.
4. All revenue bonds issued by the Council shall be
secured by a lien upon the gross revenue of the project
for the acquisition, construction and completion of which
said revenue bonds are to be issued and revenues from
parking meters, as shall be more fully described in the
resolution of 'the Council authorizing the issuance of
said bonds, and said Council shall have po~xer in and by
such resolution authorizing the issuance of such revenue
bonds to pledge and assign as security for such revenue
bonds all or any pa~t of the gross revenues of any project
for the acquisition, or construction of which said revenue
bonds are to be issued, including revenues from improvements
and extensions thereof thereafter constructed or acquired
as well as th~ revenues of any existing off-street vehicular
parking project operated or controlled by said City of
Bakersfield and also any sums allocated by the Council from
the operation of parking meters to the revenue bond fund
for payment of expenses. principal and interest of the
~svenue bonds. Sums required to meet the payment of interest
on and principal.of rev~.nue bonds issued under this Charter
shall be secured by a first, direct and exclusive charge
and lien upon~!all revenues described in the. resolution
authorizing the issuance of such revenue bonds and upon all
sinking funds,l~ reserve £unds, or redemption funds created
for the further security of said revenue bonds and the
income therefrom and all such revenues and funds and the
income therefrom shall constitute a trust fund for the
security and payment of such.revenue bonds and shall not
be used for any other purpose as long as such bonds, or
any of them and the interest thereon are outstanding and
unpaid, except that in the resolution providing for the
issuance of said revenue bonds, there may be apportioned,
so long as the interest on and principal of such revenue
bonds is paid as the same becomes due and payable, together
with all other charges required by such resolution for the
protection of or better securing of such revenue bonds,
such sums as may be specified in such resolution for the
payment of maintenance and operating costs of such projects
but only to the extent specified land described in said
re solution.
5. Any resolution of the Council providing for the
issuance of revenue bonds may also, in addition to all
other appropriate ag~,ements deemed necessary or
advisable by the Council, contain such covenants' and
agreements as it deems necessary or advisable for the
better security of the revenue bonds issued thereunder.
The Council is hereby authorized and empowered in and by
the terms of any such resolution to covenant and agree
with the holders of any of said revenue bonds so long as
the same shall be outstanding as follows:
(a) That the proceeds of the sale of said revenue
bonds shall be deposited in a fund separate and apart
from all other funds of the City of Bakersfield and shall
be applied solely and exclusively to the object and purpose
for which said revenue bonds a~e herein authorized to be
issued and that~any proceeds remaining unexpended after the
object and purpose for which said revenue bonds are author-
ized to be issued shall have been completed shall be applied
to the payment of principal and interest of such revenue
bonds and that none of S~id moneys shall be transferred to
any other fund of the City of Bakersfield or used for any
purpose other than as specified in said resolution;
(b) That the City of BakerSfield shall operate or
cause to be operated, all projects and properties acquired
from the proceeds of the sale .of said revenue bonds con-
tinuously so long as said revenue bonds are outstanding
in an efficient manner and in good working order and con-
.dition, and will make all needful' and necessary repairs,
improvements and replacements;
(c) ..That the Council will establish and maintain
reasonable rates, tolls and cha~ges for all properties
maintained, owned or operated'by it, including parking
meters, or acquired flrom "-the proceeds of the sale of
revenue bonds and that such rates, tolls and charges shall
at all times be adequate to yield annual revenue equal to
all redemption payments~ and interest charges on said revenue
bonds as the same fall due,. together with such additional
sums as may be required for any sinking fund, reserve fund or
any other special fund provided for the security of revenue
bonds or for any maintenance and operation depreciation,
reserve fund or other cha~ges in connection with the opera-
tion of any properties !of the City of Bakersfield, and
further that such rates, tolls and' charges shall not be
reduced below an amount sufficient to provide funds to
meet all obligations set forth in the resolution authorizing
the issuance of such revenue bonds. No person shall be
permitted to use or operate any of the facilities or prop-
erties of the City of Bakersfield or to make use thereof,
except upon payment of the regularly established charge
therefor, except only as may be provided in the resolution
authorizing the issuance of such revenue bonds in the case
of firemen, policemen and other essential public employees,
to be specifically set forth in such resolution. All such
rates, tolls and cha~ges Shall be paid 0nly in such coin
or currency as on the date of payment is legal payment for
public or private debts, or in scrip or tokens issued only
upon payment of the face value of such coin or currency.
Any agreement contained~ in said resolution with respect
to such rates, tolls. and Charges shall be binding upon
the City of Bakersfield'~and upon its officers, departments
and Boards thereof.
(d) That accurate books and records of account'show-
ing all revenues received from the operation of all
properties by the City of Bakersfield, and all expenditures
thereof, will be kept and provided, and that all books and
records of the. City of Bakersfield pertaining to the opera-
tion of such off-streetI~vehicular parking places shall be
open at all times during business hours to the inspection
of the holders of one or more of the revenue bonds, or of
any percentage of such holders or their duly authorized
representatives as may be provided in such resolution. That
annual or other~ periodic statements. of the condition of all
such off-street vehicular parking properties operated by
the City of Bakersfield will be furnished to the holders of
such revenue bonds and that summaries thereof will be pub-
lished at least annually in the official newspaper of the
City of Bakersfield. The resolution providing for the is-
suance of revenue bonds may also provide that the books and
records of the City of Bakersfield pertaining to the opera-
tion of such off-s~reet vehicular parking places shall be
audited by independent~ public accountants in such manner
and under such circumstances as may be set forth in the
re solut ion.
(e) That no part of the said properties in the City of
Bakersfield shall be sold, leased, mortgaged or othersvise
encumbered or disposed of except upon such terms and con-
ditions as may be defined in said resolution and that if
any part of the properties of the City of Bakersfield shall
be taken by eminent domain or other proceedings authorized
by law, the proceeds therefrom shall be applied to the re-
placement of properties of like kind .and character or to
the payment and retirement of revenue bonds, or as may be
set forth in said resolution.
(f) That said resolution may contain such other terms
and conditions with respect to the payment of the bonds,
the operation of said off-street vehicular parking facilities
and properties b.y the City of Bakersfield, payment of claims,
or the obtaining of insurance of any kind or character on
any of said properties of the City of Bakersfield and the
payment of the premium therefor, events of default and the
~ights of the holders of revenue bonds in the event thereof,
~.,the procedure under which the terms and conditions of the
revenue bonds and of the-resolution authorizing the issuance
thereof may be mended at a meeting of the bondholders or
by the written assent of bondholders without a meeting and
the manner in which such consent of the bondholders may be
given, either with or without a meeting, and the effect
of such an amendment or modification upon the rights of all
h~lders of the bonds and coupons and also all ether agree-
ments deemed necessary or desirable in order'to 'Secure said
revenue bonds or to make the same more marketable.
6. The validity of any revenue bonds issued by the
City Council of the City of Bakersfield shall not be
dependent on or affected in any way by any proceedings
taken by the City of Bakersfield for the acquisition,
construction or completion of any properties or projects
for which said bonds are to be issued or any~ contracts
made in connection with the acquisition, construction or
operation of any such properties. Said revenue bonds
shall be incontestable and shall by their issuance and
delivery conclusively establish the due performance of
all conditions precedent to their issue.
7- The City of Bakersfield may, at any time after
the adoption of a resolution providing for the issuance
of any revenue bonds under. this Charter and prior to the
actual delivery of such bonds~ to any purchaser thereof,
bring an action in lthe Superior Court of the State of
California'in and for the County of Kern to' determine
the validity of any such bonds. Such action shall be in
the nature of a proceeding 'in rein. The jurisdiction of
all parties interested may be had 'by publication of summons
for at least once a week for three. (3) weeks in some news-
paper of gelnera~circulation published in Kern County,
such newspaper to be de signate d by the JUdge of. the Court
having jurisdiction of the proceedings. The jurisdiction
shall be Completed within ten *(lO) days after publication
of the summons in the manner here in provided. Anyone
interested may at any time before the expiration of said
ten (lO) days appear and by proper proceedings contest the
validity of such revenue bonds. Such action shall be
speedily tried and judgment rendered declaring the bonds
either valid or invalid. ~ Either pa~ty Ishall have the right
to appeal to the Supreme Court of the State of California
at any time within thirty (30) days after the entry of such
judgment and such appeal shall be heard and determined by
said court within three (3) months from the' time of sub-
mission thereof to said Court.
8. The provisions of this section constitute full and
complete authority for the issuance of revenue bonds as
here in provided by the City Council of the City of Bakers-
field and no other procedure or proceedings, consents,
approvals, orders or permission from any municipal officer
or a board of the City of Bakersfield, shall be required
for the acquisition, construction or completion of any
properties or the issuance of any revenue bonds except as
specifically provided in Sections 33.1, 33.2 and 33-3 of
A~ticle Ill of this Charter. The powers and authorities
conferred by said Sections of this Charter are in addition
to and supplemental to all other powers and authorities
conferred upon the City of Bakersfield. The method provided
in said Sections for the acquisition of properties and the
issuance of revenue bonds shall be deemed an additional ~
method for acquiring such properties and providing funds
therefor, provided that the City of Bakersfield may, in its
discretion, acquire any properties of a like or similar
nature and issue general obligation bonds of the City of
Bakersfield therefor, but subject to the 'conditions that
the City of Bakersfield shall not, while any revenue bonds
are issued or outstanding, acquire, construct or complete
any competing projects or properties similar to those main-
rained or operated through the issuance of revenue bonds
by the Council. Revenue bonds issued under this Cha~ter
shall not be taken into consideration in determining the
bonded indebtedness which the City of Bakersfield is
authorized to incur pursuant to vote of the electors
thereof, as limited by this Charter or the laws of the
State of California.
PROPOSITION N0, 2
SECTION 43 (a) Whenever a vacancy exists in the
service of the City, upon certification by the Civil
Service Board having jurisdiction of the department in
which· the said vacancy occurs that there is no' person
having the. necessary residential qualifications avail-
able to fill the said vacancy, the City Council shall be
authorized to waive the residential requirement and the
person or body having appointive power may appoint a
person not having such residential qualifications. Such
person so appointed shall, however, become a resident of
the City within tb term of his probationary employment
which shall not exceed six months and shall remain a
resident of said City~t·hereafter during his term of office
or employment.
PROP OSIT ION NO
BONDS OF OFFICERS
SECTION 45 All' effioers, commissioners, headsol
departments, the City Manager, .~and any subordinates,
deputies or employees, as' may be required by the Council,
shall execute a good and sufficient undertaking, in such
sum as may be fixedl by the Council, for the faithful per-
formance of their official duties, signed and executed
by two or more persons, or by any surety company authorized
to do business in the State of* California. Such bond may
be in the form of a blanket position bond to cover any or
all of such persons as may be required by the Council to
be bonded~
PROPOSITION NO. 4
SECTION (216) 9 (a) When a person is charged with
absence from duty without leave or is charged with any other
violation under·this section and such person cannot be found
in the City of Bakersfield, service of a copy of the charges
against said accused may be made by depositing~ a copy of
such charges in the United Sta~es mail enclosed 'in a
sealed envelope, registered,' with posta~ prepaid, address-
ed to the accused at his last place of residence
as the same is shown bythe files of the department in
9o,
which said accused was employed; and failure of the
accused to receive such copies of charges, shall not
affect the jurisdiction of the Civil Service Board to
proceed.
PROPOSITION N0.5
EXAMINATION 01~. ~PPLICANTS
SECTION (224) 4. All applicants for places on the
Police D~partment or for promotion, shall be subj~ cted
to examination, which shall be public, competitive, and
free. Such examinations shall be practical in their
character, and shall relate to those matters only which
will fairly test the relative capacity of the person
examined to discharge the duties of the positions to which
they seek to be appointed. Every appointee to the police
department, at the time of appointment, shall be not less
than twenty-one (21) years of age, and not more than forty-
five (48) years of age and must pass the physical tests
prescribed by the Civil Service Commission which shall
not be less stringent'~ than those required of recruits to
the United States Army.~
No questions in any examination shall relate to politi-
cal or religious.opinions or affiliations.
PROPOSITION N0.6
ALTERING WARD BOUNDARIES-
SECTION 11.1 (a)In addition to the methods provided
by State r, aw for alteration of city wards upon annexation
of territory to the city, the Council shall, by ordinance,
from time to time as hereinafter provided, alter the bound-
aries of the respective wards' in order that each ward shall
contain as nearly as possible', an equal number of qualified
registered electors therein, which said ordinance shall be
submitted to referendum.
(b) In the calendar year 1955, and every twelve years
thereafter, the Council shall cause ~ survey to be made of
the inhabitants of the respective wards based upon the register
of qualified electors of the County of Kern at the last pre-
ceding State election. If such survey shall show that any
one ward contains a number of qualified registered electors
which is twenty percent greater than the number of qualified
registered electors in some other ward, then the Council shall,
within ~n~ year after the survey is concluded, alter the ward
boundaries as provided in subdivision (a) hereof.
.... ~c) In the calendaryear 1961 and every twelve years
thereafter, the Council shall cause a survey to be made of
the inhabitants of the respective wa~ds based upon the
register of qualified electors of the County of Kern at
the last preceding State election. If such survey shall
show that any one ward contains a number of qualified regis-
tered electors which is ten percent greater than the
number of qualified registered el~ctors in some other ward,
then the Council shall, within one year after the survey
is concluded, alter the ward boundaries as provi. de.d in
subdivision (a) hereoff
NOW, THEREFORE, BE IT RESOLVED by the Council of the
City of Bakersfield, on its own motion, that the aforesaid proposed
amendments to the Charter of the City of Bakersfield be submitted
't~ the electors of the city of Bakersfield as required by law, at
a special municipal election to be held in said City on the 8th
day of June, 1954, which election shall be consolidated with the
State Direct Primary Election to be held on said date.
BE IT FURTHER RESOLVED, 'that the City Clerk of the City
of Bakersfield be and she is hereby directed to give notice of
election by publishing said Notice of Election in ~he Bakersfield
Californian, a newspaper of general circulation printed and pub-
lished in the City of Bakersfield, County of Kern, State of Cali-
fornian' not more than sixty~ .days and not less than forty days
Ibefore the date of said election, in all the editions thereof
issued on the ~ date of publication.
ll.
I HEREBY CERTIFY that the foregoing Resolution was passed
and adopted by the Council of the City of Bakersfield, at a
regular meeting thereof held on the 29th day of March, 1954, by
the following vote:
AWB: CARNAl(B, COLUNS, CRGE$, EVEI,ET:.-!, SAI?HDFP,8~ ~.!JLLi~A-N,
'City " :'o
IT :L e k the
Council of the City of Bakersfield.
~APPROVED this ~9th day of March, 1954.
of t ~y'oEBakersfiel~