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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).