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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~