HomeMy WebLinkAboutRES NO 4-53 i pi ?J
RESOLUTION NO. _
A RESOLUTION PROPOSING AMENDMENTS
TO THE CITY CHARTER BY THE LEGIS-
LATIVE BODY OF THE CITY OF BAKERS-
FIELD, CALIFORNIA.
BE IT RESOLVED by the Council of the City of Bakers-
field, as follows:
That the legislative body of the City of Bakersfield
proposes amendments to the Charter of the City of Bakersfield,
as follows, to wit:
PROPOSITION NO. 1
That the Charter of the City of Bakersfield be and
it is hereby changed and amended by amending Sections (168)4;
(169)5; (170)6; subsections (d) , (f) and, (g) of Section (175)11;
subsection (B.) of Section (176)12; and subsections (B) and
(C) of Section (177) 13 of the Charter Amendment to the Charter
of the City of Bakersfield, which is known as "RELIEF AND
PENSION FUND FOR MEMBERS OF THE FIRE DEPARTMENT OF THE CITY
OF BAEERSFIELD", which said sections shall read as hereinafter
set out :
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Section (168) 4,
Whenever any member of the Fire Department shall become disabled by
reason of bodily injuries received in or by reason of sickness caused
by the discharge of the duties of such member in such Department and
such disability shall continue for one (1) year or shall become so
physically or mentally disabled as a result of such injuries or sickness
as to render his retirement from active service necessary., the Pension
Board shall order and direct that such member be retired from active
service and, thereafter, such member so retired shall, during his
lifetime, be paid from said pension fund., in equal monthly. .ins.tall®
ments, the retirement allowance as provided in Section 13. Provided,,
however, that any such retirement allowance shall cease when the
member' s disability ceases and., in such event., such member shall be
restored to the same rank or position which he held at the time of
retirements Provided, further, that the Pension Board shall have the
power and authority to hear and determine all matters pertaining to
the granting and termination of any such retirement allowance, Said
Board shall make its findings in writing, based upon the report or
reports of at least three regularly .l.icensed, practicing physicians,,
and such other evidence concerning such disability as shall be
presented to it. One of such physicians shall be the Health Officer
of the City of Bakersfield, one- shall be selected by the member
applying for such retirement allowance and at least one shall be
selected by said Pension Board.
Section (169) 5.
Whenever any member shall die either,
(a) As a result of any injury arising out of or sustained by him
while in the discharge of his duties as a member of the Fire Depart-
ment, or
(b) From sickness caused by or resulting from the discharge of
his duties as a member of such Department; the death allowance pro-
vided in Section 13 (Subsection C e Death Benefit) shall be *paid, in
equal monthly installments, as follows-.
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Section 169. b Contd. +
(1) To his Vidow during her lifetime or until she remarries andq
thereafter, to the legally appointed guardian of his child or children
until such child or children shall have attained .the age. of eighteen
(18) years or shall have married.
(2) In the event such deceased member shall leave no widow, such
death allowance shall be paid to the legally appointed guardian of his
child or children until such child or. children-shall-have. attained the
age of eighteen (18 ) years or shall. have married.
(3) in the event such deceased member shall leave neither widow
nor child or children under the age of eighteen (18) years, such
retirement allowance shall be paid to his parent or parents or to his
sister or brother who, in the order named, was or were either wholly
or partially dependent upon him. Such Disability and Retirement Board
shall have the power and authority to determine all matters pertaining
to such dependency. Provided, however, that should said Board deter-
mine that such parent or parents or sister or brother was or were
only partially dependent upon such deceased member, then and in that
event, only such percentage of such death allowance shall-be paid
as is equal to the percentage of such .dependency as determined by
said Board. Provided, further, that said Board may from time to time
reexamine into the financial status of any such parent or parents
or sister or brother and, should it determine that the same has
changed since the death of the member, it shall decrease or terminate
the payment of said death allowance in accordance with its determination.
Section (170) 6.
In the event that a widow receiving a death allowance fails, neglects
or refuses to properly or, adequately provide for a dependent child or
children of a deceased member, the Pension Board, upon its determi-
nation thereof, shall have the power and authority, in its sole discretion.$
to pay all or any part of such death allowance for the benefit of such
dependent child or children in accordance with whatever regulations,
requirements or rules it shall promulgate in connection therewith.
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Section (175) 11.
CONTRIBUTIONS
(d) The dependent contributions, which shall be required in the
same manner as normal contributions of each member throughout his
membership in addition to the normal contributionsg shall be such as
would be necessary to provide upon the date of his service retirement
at fifty-five (55) years of age or upon the completion of twenty (20)
years service at an age higher than fifty-five (55) years, when
accumulated with interest and applied by actuarial rates and tables
and approved by the Retirement Board, for the continuance after his
death and throughout the life of a widow, whose age at such date is
the same as the age of said member, of two-thirds (213) of the annuity
provided by his accumulated normal contributions upon said retirement at
fifty-five (55) years of age or at said higher ages. If at the date of
retirement for service or retirement for disabilityg said member has
no wife who qualifies for the continuance of an allowance to her
after the death of said members the aaid dependent contributions, with
accumulated interest thereons shall be paid to him upon said date, or
at his option, applied in the same manner as his normal contributions
to provide for him an annuity which shall be added to the annuity
provided by said normal contributions.
(f) There shall be paid into the Retirement Fund each year by
contributions of the City, the amounts as necessary to fund all
pensions and other benefits allowable under the Retirement System
to members on account of current service. Such amounts required on
account of current service, shall be determined by applying a
percentages to be changed only as recommended by the Actuary in the
light of periodical investigation and valuation resul.tsg to members?
earned salary. Said percentage shall be the ratio of the liabilities
under the System on account of current service, which are not met by
members contributionsg and less the assets derived from the City? s
current service contributions, to the present value at the date of
determination of members? future compensation.
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Section (175) 11 (f) , Contdo
After the close of each month the Retirement Board shall determine the
aggregate amount of the memberse earned compensation during such month
and shall determine the City° s contribution by applying said percentage,
and shall certify the amount of the contribution to the .City Auditor,
who shall then transfer an equal amount to the Retirement Fund from the
budget appropriation or General Fund for the then current fiscal year.
(g) There shall be paid into the Retirement Fund each year by
contributions of the City, the amounts necessary to pay all pensions
and all other benefits allowable under the Retirement System to
members on account of prior service; provided that such prior service
liabilities may be met by an annual appropriation, instead of by one
appropriation, for such prior liabilities payable that year to a
member on retirement, and provided further, that such appropriation for
any one fiscal year shall not be less than the amount disbursed during
that year on account of prior service. Before the first of each fiscal
year the Board shall certify to the City Auditor, City Manager and
City Council the amount due within such year to the Retirement Fund
under subsections (f) and (g) of this Section 119 and the City
Auditor shall transfer an equal amount to the Retirement Fund from
the Budget or General Fund during the said fiscal year.
Section (176) 12.
(B) Allowance on Service Retirement
A member, upon retirement for service as provided in subsection
(A) of this section, shall receive a retirement allowance which shah,
consist of-.
(a) An annuity which shall be the actuarial equivalent of his
accumulated contributions, excluding his accumulated dependent
contributions unless he shall exercise his option as provided in
Section 11, subsection (d) , at the time of his retirement, and
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Section (176) 12 (B) , Contd.
(b) A pension which, when added to the annuity purchased by
his accumulated normal contributions, shall equal the same percentage
of his final compensation for each year of current service credited
to him, as his normal contributions and the contributions of the City
are calculated to provide for him, upon retirement for service at the
minimum age provided in subsection (A) of this Section, for each
year of such service; and
(c) An additional pension which shall be equal to the same
percentage of his final compensation for each year of prior service
credited to him, as the sum of his and the City' s normal contributions
is calculated to provide for him, upon retirement for service at the
minimum age provided in subsection (A) of this Section, for each year
of service as a member of the System; and provided that, if said
member shall have been retired for disability after the effective
date of this amendment, and
(d) , a second additional pension in such an amount as shall
make his retirement allowance equal to the allowance he would have
received had he never retired for disability.
(e) - Upon the death of a retired member, two-thirds (2/3) of
the retirement allowance shall be continued to his widow throughout
her life or until she remarries provided, however, that she shall
have been married to him at least one (2) year prior to his retire-
ment and is of the same age as said member. If such widow is of a
different age than said member, then the retirement allowance which
shall be so continued to her shall be the actuarial equivalent of the
retirement allowance which would have been continued to her had she
been the same age as said member. If there be no such widow or if
any such widow shall die, then the allowance which would have been
paid to her had she been eligible therefor or had she continued to
to live, shall be paid to the legally appointed guardian of the
child or children of such deceased member until such child or
children shall die or shall have attained the age of eighteen (18) years.
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Section (176) 12 (B) , (e) , Contd.
If payment of the allowance shall terminate by reason of the remarriage
of the widow or the attainment of the age of eighteen (18) years by
such child or children before the total of the monthly payments made
shall equal the sum of the member' s contributions, with interest
thereon, as of the date of his retirement, then an amount equal to
the difference between said total and said sum shall be paid in one
amount to his remarried widow: or, if there be no such widow to his
child or children; provided, however, that such amount shall not be
paid to any widow who was not married to such member at least
one (1) year prior to his retirement.
.Section (177) 13.
(B) Allowance on Disability Retirement
Upon retirement for disability as provided in subsection (A)
of this Section, a member,
(a) If his disability shall be determined by the Retirement
Board to be the result of injury or illness incurred in the per-
formance of duty, shall receive
(1) An annuity which shall be the actuarial equivalent of
his accumulated contributions, excluding his accumulated dependent
contributions, unless he shall exercise his option as provided in
Section 11, subsection (d) , at the time of his retirement; and
(2) A pension which,, when added to the annuity purchased by
his accumulated normal contributions, shall be equal to a monthly
retirement allowance of one-half (112) of his final compensation.
(b) If his disability shall be determined by the Retirement
Board to be not the result of injury or illness incurred in the
performance of duty, shall receive
(1) An annuity which shall be the actuarial equivalent of
his accumulated contributions, excluding his accumulated dependent
contributions, unless he shall exercise his option as provided in
Section 11, subsection (d) , at the time of his retirement; and
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Section (177) 13 (B) , (b) , Contd.
(2) A pension which, when added to the annuity purchased by
his accumulated normal contributions, shall make his retirement allow-
ance equal to: one and one-quarter (14) per centum of his final
compensation multiplied by the number of years credited to him,
provided such allowance is at least one-fourth (1/4) of his final
compensation; or one and one-quarter (14) per centum of his final
compensation multiplied by the number of years of service credited
to him were his service to continue until his attainment'. of the age
of fifty-five (55) years, provided such retirement allowance shall
not exceed one-fourth (1/4) of such final compensation.
(c) Upon the death of a member who has been retired by reason
of disability as a result of injury or illness incurred in the per-
formance of duty, the retirement allowance shall be continued to
his widow to whom he was married at least one (1) year prior to
his retirement throughout her life or until she remarries. Upon
the death of a member who has been retired by reason of disability
which is not the result of injury or illness incurred in the per-
formance of duty, two-thirds (2/3) of the retirement allowance
shall be continued to his widow to whom he was married at least
one (1) year prior to his retirement and who is of the same age
as said member throughout her life or until she remarries. If such
widow is of a different age than said member, then the retirement
allowance which shall be so continued to her shall -be the actuarial
equivalent of the retirement allowance which would have been
continued to her had she been the same age as said member. If there
be no such widow or if any such widow shall die, then the allowance
which would have been paid to her had she survived such member
and been eligible therefor or had she continued to live, shall be
paid to the legally appointed guardian of the child or children of
such deceased member until such child. or children shall die or shall
have attained the age of eighteen (18) years.
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Section (177) 13 (B) , (c) , Contd,
If payment of the allowance shall terminate by reason of the remarriage
of the widow or the attainment of the age of eighteen --(18) pears by
such child or children before the total of the monthly payments made
shall equal the sum of the member' s contributions, with interest
thereon, as of the date of his retirement, then an amount equal to
the difference between said total and said sum shall be paid in one
amount to his remarried widow or, if there be no such wi dow's to his
child or children; provided, however, that such amount shall not be
paid to any widow who was not married to such member at least one (1)
year prior to his retirement,
(C) DEATH BENEFIT
Upon the death of a member before retirement, the Retirement System
shall be liable for a death benefit which, if an amount be due under
either paragraph (3) or (4) next following, and if there be a surviving
wife or surviving children, shall be paid in monthly installments and
to the surviving wife and children as prescribed herein, otherwise the
amounts due under paragraphs (1) and (2) shall be paid as prescribed
therein, and such death benefit shall consist of
(1) His accumulated contributions, to be paid in a lump sum,
to his widow9or, in the event there be no widowsto his child or
children or, in the event there be no widow or child or children
to the beneficiary whom he nominates by written designation duly
executed and filed with the Retirement Board, and in addition thereto,
(2) An amount equal to his compensation earnable during the
six months immediately preceding his death to be paid in a lump sum
to his widow or, in the event there be no widow to his child or
children or, in the event there be no widow or child or children to
his parent or parents Thom the Retirement Board shall determine, to have
been depaildent., in whole or, in part, upon zudh- member;;: az44. if_ tho
Retirement Board determines -such death to be the restilt of injury or
illness. ineurred while in the performance of duty, in addition theretoa
Section (177) 13, (C) , Contd.
(3) An amount sufficient, when added to the amount provided in
paragraph (1) of this Section to provide an allowance equal to
one-half (112) of the member' s final compensation, payable as provided
in Section (169) 5, If payment of the allowance be terminated because
of marriage of the widow or attainment of the age of eighteen (18}
years by -a child, before the total of the monthly payments made shall
equal the sum of the amounts provided in the paragraphs (1) and (2)
hereof then an amount equal to the difference between said total and
said sum shall be paid in one amount to the married widowp or if there
be no such widow, to the child or children of the deceased member.
If the Retirement Board determines that death be not the result of
injury or illness incurred in the performance of duty, and if said
member be qualified for retirement from service under subsection (A)
.of Section 13 of this Amendment, then, in, addition to the amounts
provided in said paragraphs (1) and (2)
(4) An amount sufficient, when added to the amounts provided in
said paragraphs (1) and (2) , when applied according to rates and
tables actuarily recommended and approved by the Retirement Board,
to provide an allowance to be paid to the widow to whom said member
was married at least one (1) year prior to his death to be equal in
amount to the allowance calculated as in subsection (B) of Section 13
of this Amendment, which would have been payable to her if the said
member had retired for disability at the time of his death and had
died instantly thereafter, and to continue throughout her life or
until her remarriage. If there be no such widow or if she die before
all surviving children of such deceased member shall have attained
the age of eighteen (18) years, then to his child or children until
such child or children shall have attained the age of eighteen (18)
years,
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Section (177) 139 (C) , (4) , Contd.
If payment of the allowance be terminated because of marriage of the
widow or attainment of the age of eighteen (18 ) years by such child
or children before the total of the monthly payments made shall equal
the sum of the amounts provided in paragraphs (1) and (2) hereof,
then an amount equal to the difference between said total and said sum
shall be paid in one amount to the married widow, 6r if there be no
such widow, to the child or children of the deceased member.
(5) A member or a beneficiary after the death of a member may,
by written election duly executed and filed with the Retirement
Board, have the death benefit, provided to be paid in a lump sum
An this Section, paid in monthly or annual installments subject to
such rules and regulations as the said Board may adopt.
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PROPOSITION NO. 2
That Section 46 of the Charter of the City of Bakersfield
entitled RESTRICTIONS UPON OFFICERS AND EMPLOYEES, be amended to
read as follows:
Restrictions Upon Officers and Employees
Section 46. No officer, or employee of the City, shall be
interested in any transaction or contract made by them in their official
capacity, with the city or with any department, board, officer or
employee thereof, nor become surety for the performance of any. contract
or sub-contract made with or for the City, upon any bonds given for
the performance thereof to the City, or contractor. No officer or
,employee shall receive any commission, money or things of value, or
derive any profit, benefit or advantage direct or indirect, from or
by reason of any dealings with or services for the City by himself
or others, except his lawful compensation as such officer or employee.
The wJ.M violation of the provisions of this section shall be a mis-
demeanor and shall work the forfeiture of such office or employment,
and any transation or contract made in violation of this section shall
be void.
PROPOSITION N0, 3
That Section 136 of the Charter of the City of Bakersfield
entitled PUBLIC WORK TO BE DONE BY CONTRACT, be amended to read as
follows:
Public Work to be Done by Contract
Section 136. In the erection, improvement and repair of all
public buildings and works, and in furnishing any supplies and
materials for the same, or for any other use by the city, when the
expenditure required for the same exceeds the sum of fifteen hundred
dollars, the same shall be done by contract, and shall be let to the
lowest responsible bidder, after advertising for sealed proposals
12.
for five consecutive days in the official newspaper. Such notice
shall state the proposed work to be done or - the supplies or materials
to be furnished as provided by the Council; provided, however, the
Council may reject any and all bids, if deemed excessive, and read-
vertise for bids.. or provide for the work to be done under the direc-
tion of the City Manager. In case no bid is received, the Council
may likewise provide for the work to be done under the direction of
the City Manager. In the event, however, a desired commodity,
materials, service, or special machine or appliance is required by the
City which may not be obtained on a competitive basis, or where during
the progress of any public works the need arises for a commodity,
material, machine or service, which was not and could not have been
reasonably foreseen, and the cost of which does not exceed twenty-
five hundred dollars, the City Manager shall have the power, with the
approval of the Council, to acquire the same by contract without the
necessity of advertising for bids, and to obligate the City therefor.
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13.
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 2nd day of February,
1953, by the following vote :
AYES CAR aa::tS> SA'JN DEaS, SHURLEY, (ciCi{; SULLIVAN, VANDERLEI, VEST
-
ABSEPIT:-m
City�Clerk�and Ex-0� icio�Clerk of £Fe
Council of the City of Bakersfield.
APPROVE this 2nd ay of February, 1953-
MAYOR of the City of Bakersfield.