HomeMy WebLinkAboutRES NO 58-58 P.~SOI~I. ON NO 58-58
A RESOLUTION OF THE COUNCIL 0F THE CITY 0F
RAR~,RSFIELD 0AEI~JG A SPECIAL MUNICIPAL
ELEOTION 'IN SAID CITY FOR THE PURPOSE OF SUB-
MITTING CERTAIN PROPOSITIONS TO THE ELECTORS,
ADOPTING THE FORM IN WHICH SAID .PROPOSITIONS
SHALL APPEAR ON THE BALLOT, ORDERING THE CON-
SOLIDATION 0F ~AID SPECIAL MUNICIPAL ELECTION
WITH THE' ~STAT~='~OENERAL ELECTION TO BE HELD ON
NOVEMBER. 4, 1958', AND REQUESTING THE BOARD OF
S~PERVIS.ORS OF THE COUNTY OF EERN TO ORDER THE
CONSOLIDATION OF SAID ELECTIONS,
BE IT RESOLVED by the Council of the City of Bakersfield, that
pursuant to law, a special munid~ipal election will be held on Tuesday~
the 4th. day of November, 1958., in the City of Bakersfield for the
purpose of submitting te the qualified electors of said City, certain
proposed amendments to .the Charter of the City of Bakersfield.
Said proposed amendments to. said city charter are in the words
+f ·
and figures as follow, to wit: ...
PROPOSITION NO, 1
That Se.c~ion 47-1 be. added to the Charter.of the City of Bakers-
field, which section Shall read as follows:
TEMPORAFI EMPLOYMENT. " .'
Section 47.1. "Nothing contained in this charter is intended to
prevent'the employment of persons~for.temporary services in the several
departments~of'~the City;' provided, however, Ithat such persons-shall not
be continued in. se}vice'.~or a period of' time exceeding 120 working days
in any one departmentiOn .any period of.one year.
PROPOSITION NO. 2_
· That Section 17 of the Charter l of the. City of Bakersfield be..
Is~mended to 'read as follows:
QUALIFICATIONS OF COUNCILMEN.
Section 17. Members ef the Council, 'and candidates ~therefor,
shall be residents of ~he city for three 7ears and electorsof the ward
which they represent. Councilmen shall not hold any other public office
except that ef notax-y pmblic'e~:'member of the state militia, and shall
not be tnterested.lnan. y contractS' Job,'work'or service for the munici-
pality', as such interest ls or may be defined in Tttle 1, Dtvtslon 4,
Article 4 of the Government Code of .the State of California. An~ mem-
ber who shall cease te possess..an~r of.the qualifications heroin required
shall.forfeit.Ms offlce, and ~7 such contract, in which any member is
or ma~' become Interested, shall be vold. No member of the Councll shall,
except in so far as ls Recesssty In the perfox~nce of the duties of
his o££1ce, dlrectly er indirectly take an~ part in the appointment,
promotion or dismissal ef any officer or employee In the servlce of
the clty other than the officers or employees of the Oouncll.
.... y~O~OAITION N0. 3
That 8ectlen 34 of the Charter of 'the Ctt7 of Bakersfield be
amended to read as follows=
0FFICEPaLFPOINTED BY-TH~ COUNCIL.
Section 34- The Oouncll shall appoint the following officers=
1. City Manager, who may or may not be a resident of the Olty
at the. time of his appointment, and whose te~m of office shall be at the
pleasure of the Council.
Treasurer.
3- Assessor.
Attorney.
5. Clerk.
6. AuS/tor.
· PROrORITION NO. k
That Section 38 ~f the ~ha~ter of' the City .of Bakersfield be
amended to read. as-follows:
HEADS OF DEPARTMENTS,
Section 38, The following officers shall be appointed by the
City Manager:
1. Chief of Police. -
2~ Chief of Fire-Department.
3- City Engineer.
4- Superintendent of Streets.
5- Building andPlumbing'Inspector.
~.~
That Section 46 ~f the Charter of the City of Bakersfield be
amended'to read as follows:
-RESTRICTIONS UPON OFFICERS.-
Section46. The provisions of the'State law contained in
Title 1, Division 4, Article 4 of the. Government Code of the State of
California, shall-~e applicable'to officers of the City.
I~.OPOSITION N0.6
That Sections 67, 72, 73, 7~, 76 and 78-of the Charter of the
City of Bakersfield be .amended te read'as follows:
DATES OF NOMINATINGAND GENERAL ELECTIONS.
Section 67. A general election shall be held on the second
Tuesday of April ef each:odd-numbered year commencing in the year 1961,
for the election of members of the Council. A nominating election
shall be held on the sixth Tues&ay prior to the Sate'fixed for the
general ~elec~ion._in.each oddsnumbered ye.a~.:_The..-members of. th~ Council:-
elected shall hold office until their successors are elected and
q~alified. .(This amendment shall become effective ninety (90) days
e
from and]after its filing with the Secretary of State, ,but in no event
earlier than April 22, 1959-)
DATE 0~ 'PRESE~TIN~ ~PETITION'~AND FORM THEREOF.
Section 72. For the e~e!e~ion to be held in 1959 under this
·
0barter subject to the amendment te this section',. a petition for'
nomination, consisting of not 'less than' twenty-five nor more than
fifty individual certificates £or any one candidate, may be presented
·
to the Clerk not earlier than ~anuary 26,'. 1959 and not later than
February. 20, 1959, Thereafter, ~Said. petition for nomination may be
presented-not earlier than ninet,y~=(90) days, nor later than sixty (60)
days before ~he nominating election. The Clerk shall endorse thereon
the day, hour and minute w~en the petition was presented· to him.
The certificates .constituting .such petition, bef ore being
·
presented to the ClePk, shall be fastened together in a secure and
suitable manner, arranged in alphabetical order according ~o surnames
and the certificates shall then be numbered Conseoutively.
.
E TIONS OF PET .TI.0NS BY CITY iO aE.
Section 73- When'a petition of nomination is presented for
·
f~ling to the Clerk, ~he shall fer~hwi'th'lexamine thel same, and ascertain
' ·
whether it! is ~suffiCien~un~er' the provisions of this charter. ~Within
seven days thereafter he must .examine'~ and' determine whether or not it
is sufficien~ +and shall attach ~e said .petition his 'certificate,
showing the result of said examination, and forthwith.. send by regis-
..
toted mail,or +deliver, a copy of said certificate to .the person seeking
a nomination. if the petition ~e found insufficient,'such certificate
of ~he Clerk shall designate each individual certificate found to
defective and the defect ~herein. If the petition be insufficient,
it may be amended or s~pplemented by the presentation of an additional
nominating petition or petitions containing additional nominating
· . ..
certificates, not later than forty-five days before the date of the
'nominating election. Thi"~:.Clerk shall, wlthin flve days after the
present~tlon of Such additional :nominati'ng petition, make like
examinatlonand determination e:f~.:the amended petition, and 'attach
to lt'a like certificate 'and mai~'a copy as aforesaid, and if..his
certificate. shall show the amended-petition tO be insufficient, .the
petition .shall be returned'to'the person seeking a nomination named
as the .p'ersom to whom the petitiOn'is to be returned.' If necessary,
the.Council shall provide extra help to enable the Clerk to perform
his dmt~es, under any...election provision of this charter. (This
.amendment shell become effective ninety (90)-days from. and after its
filing with the Secretary of State, but in no event" earlier than
April
WITHDRAWAL OF CANDIDATE FOR-NOMINATION.
Section 75- Any Person who ha's filed his declaration of candi-
dsoy, as in this article provi~ed, may, not. later than forty (~0) days
before the:day of:the nominattn[ election, cause his.name to be with-
drawn from nomination,. b~"ft'ling with the Clerk an affidavit stating
that he so withdrawsS and no name so withdrawn shall be printed on
the ballot. (This amendment shall become effective 'ninety (90) days
from and after its filing with .the Secretary of State, but in no event
earlier thanApril aS, I959.) '-
FILING OF PETITIONS.
~ectien 76- If either the original or ~he amended petition
be found to conform te the provisions. of this article,. the-Clerk shall
file the same not later than forty (~0}-days before the date of the
nominating 'election. When a petition of nomination shall have been
filed with the Clerk, it shall not be withdrawn nor added to, and
...... no' Sig~a~Are shall ~e; revoked thereaft~er'~"'(:Thi'$'ame~en~-Shall become
effective ninety'.(90)days from and after its filing'with the Secretary
of State, but in'no event earlier thanApril 2~, 1959.)
ELECTION PROCLAMATION. "
Section 78' Immediately'after such petitions.are filed, the
Clerk shall enter the names ef the candidates in a .list, wi~h the
offices to be filled, whether=far a full or unexpired term and the
names of the candidates for each, and shall, not later than forty' (40)
days before the nominating election certify such list as beir~ the
list of candidates nemlnated, and the Council shall cause said certified
list to be 'filed and published in the pr.oclamation.callin~ the election
for three (3) successive days, commencing seven (7)'days before the
day of election. Said proclamation shall in all other respects be
governed by ordinances. (This amendment shall become effective
ninety (90) days from ~d after its filin6 with the Secretary ef State,
but in no event earlier thanApril 22,.1959.)
?
'That 8action 1~6 of the Charter. of the City of Bakersfield be
~mended to read as follows:
ELIGIBILITY.
.. Section 1~6. Members of the Board of-Education must be
qualified registered electorsof the Bakersfield School District for
three,(3) years next preceding their election.
P~OPOR~TION NO. '8
That Article VI, entitled "Department of Public Welfare,"
consisting"ef Sections 61, 62, 63' 64. and 65 of t. he Charter'of the
City ef"Bakersfield be and the. same is hereby repealed.
~OrOSIT~0N N0.9
That Article VIII, entitled' "~udicial Department", consisting
6.
'of S~Ctiens 98,99, 100,.lel,~'/lea, 103, 104, 105, 106 and 107 of.the
Charter ef.~the'City of Bakersfield be and the same is hereby repealed.
That SeCtion 133'of..the'Charter of the City of Bakersfield,
entitled "Ice a. Public Utility",IIbe and the same is hereby repealed..
" That Section (215)'8, ef '*the Charter of the City of Bakersfield,
entitled "Temporary Empl®yment", be and the same is hereby repealed.
BE IT FURTHER RESOLVED, that said propo'sed amendments shall
appear on the ballot in the following words·and figures, to wit:
PROPOSITION N0.1
TEMPORARYEI~LOYMENT. Adds Section 47-1' to the
City Charter which permits employment. of persons
for temporary s~Vice in the ~everai'-'~e~artments YES
of the City, for.a period net to exceed 120 work-·
ing days in any one depap~nent in any period 'of NO.
one year. -..
PROPOSITION NO. 2
QUALT~IOATIONS'OF:~:OOUNOI~. Amends Section
of the City Charter by providing that members of
the Council 'shall.. net be interested.in .any- _con-
tract, Job, work er service for the m~icipality,
· as s~ch interest is or ~y be defined in Title 1,
Division ~, .Article ~ ef the ~over~ent Code of
the State of CaBfo~a.
YES
NO
._OFFICERS.~A~POINTED._BY_THE~OUNOIL- i=A~ends--Se-c~
tien 3~ of the"City Charter by naming the offi- YES
cers to be appOinted by, the Council,= leaving out
reference to the terms of office of those officers
who are under Civil Service , and dropping the
· words "Police Judge" and "Public Welfare Oommis- NO
sioners",
:7 ·
PROPOSITION N0.4'.'.
HEADS OF DEPARTMENTS. Amend~ Section 38 Of the
.City Charter by naming the officers of t2ae City
to be appointed by the C~ty Manager, leaving out
reference.to their terms of office, and dropping
the wo~ds "Health0fficer",
NO
.PROP0SITIONNO. 5
RESTRIOTION$ ~PON OFFICERS. Amends. Section 46
Of the City Ch~_rter by making the' State law as
set forth"in Ti~lel, Division 4, Article=4,of
the Government Code, which prevents officers
from having an interest in contracts made by
them in their official capacity, applicable to
City officers~ =
YES
NO
PROPOSITION N0.'6
ELECTIONS. Amends Sections. 67, .72, 73, 75, 76 '
and 78 of'Arti'c'te'-%~Y of the City Oharter~-re-
.lating. toelectiens, to wit: Fixing the. Rime of
nominati~:'~leIC~i~ns as the.sixth TueSday prior
to general eleCtiOns; fix~ing.the time between
sixty(60) and'ninety..(98) days before nomlnat-
ing election to"'file nominating petition;.fixing
forty-fiVe~v(~5):da~ before nomi~atiOne!eCtion
as time.to prese'nt!'supp.lemental petitions for.
nomination of candidate when original not suffic-
ient;' fixixxg-.~i.me=at not later
days before nominating election as'~time to with-
draw from nomination; provides for.C'lerk:to~file
petition~of'cdndidate not later'thah~fOrty"(40)
days before.election; Clerk to certify-list of
candidates not'later than forty (~0)':.days before
election~j .... ...... ..'
YES
.NO
~.PROPOSITION NO. 7 .
ELAGIBILITY=~ Amends Section 1~6 of the--0ity
Charter-to'read a-s,feLlews-: ..... "Members-~of-'-~he':-:-~ ....... YES
Board of Education must be qualified registered
electors of. the Bakersfield School District for
three (3) years next preceding their election." NO
e
=FROP0SITION NO. 8
DEPARTMENT OF PtB~C WB~. RepealS. Article
61, . w~ch provided fo~ a YES
DepaT~ent ef P'ubli~ Welfare ~der the a~nis'-
trativ~ con~ol: ~of'a c'~''''~'- ssion~ for a Depart-
ment of Public Health ~r the control of a
Health 0fficer~ and f~r Departants of Public - N0
CMrtties and Parks and Pla~6ro~ds.
-PROPOSITION.NO. 9
JUDICIAL~'D~~~ aepeals Articl~'VII'of-
theCity"~=C~t~='60ns~a~i' of'sectiOns 98,
99,'100,=-1~1~-~10.2~,=103,~v~'~,· 105,106 an~d
which crea~ed a.p~licel!'~t~urt, prescribed its
Jurisdiction and~'ImethodA~of appeal therefrom,
set.forth diapos~ienof fines, set forth the
qualifications of j~dge of. said court, and
prescri~e~=duti'eSI'.of police officers~ all-of
which are governed by ~a~e law.
YES
NO
IPROPeSITION N0.10
' IC~ A PUBLf0~UTf~ITY,. Repea~$ Section 133 of
the City '10har~e~! Which ~clared .ice t0 be a
public utili~y~
NO
' PROPe~ITION.N0. ll
TEMP0~EMPLOYMENT. Repeals Section (21~ 8 YES
of ~he 0ity Charter. (Being amende~ and replaced
under Municipal Proposition No. 1.) NO
BE IT I~THER RESOLVED,. that said special municipal election
be and the same is hereby ordered to be'.consolidated with the. State
General Election to'be held on November 4,· 1958, and the Board of
Supervisors of the County of Kern is hereby. requested to order such
.~.~ ~ ~, ....- ...... , ...... *. L~°. ......I ......." .~, "___, ~_, , -..,~ ~_'_-,~lI~ L ................~
consolidation in accordance with the provisions of this resolution;
that for the purpose of said specialTmuntcipal election, 'the precincts,
polling places, and off=cers of election within the 0ity of Bakersfield
e
shall be the same as .those provided for said State General Election
as more particularly set forth i~-=',the notice of election filed and
published or to be filed and published by the County Clerk of the
County of Kern, State ef; California, giving notice. of .said election.
The Board of SupervisOrs 0f the County of Kern is hereby, authorized
to canvass the terms of.: said special municipal election, and shall
certify the result· of the canvass .of said'returns to the' Council of
the City of Bakersfield, .who s~all thereupon declare the results thereof.
I HEREBY CERTIFY that the foregoing ResOlution was passed and
adoptedby the Council of the City~.of Bakersfield at an adjourned meet-
ing thereof held. en thelgth day ef August, 1958, by the following vote:
AYES: BA FANZ, BENTLEY, CARNAl(IS, COLLINS, ..6Re. E.9, DEWIRE, DOOLIN,
T:
city E,- ficto Clerk of +the.
Council' of the City. of Bakersfield.
MAYOR of the City of Ba~ersfield.
C).