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HomeMy WebLinkAboutRES NO 57-58RESOLUTION N0o 57-58 RESOLUTION DECLARING THE iNTENTION OF THE COUNCIL OF THE~ CITY OF BAKERSFIFLD TO SUB~ }~T CERTAIN A~NDME. NTS TO THE CHARTER OF THE. CITY OF BAK~RSFIELD~ NA}.~ELY: TO ADD A NEW SECTI'ON TO BE DESIGNATED AS-SECT~.0N 47o1~ TO AM'-END SECTIONS 179 34~ 46~ 67~ 72~ 73~ 75~ 76~ 78 AiVD i46~T0 REPEAL ARTICLE VI (SECTIONS 6!~ 63~ 64 AND 65)~ ARTICLE VIIi (SECTIONS 98~ 99~ 100, 101.~ i02~ 103~ !04~ 105~ 106 AND 107)~ AND SEC~ TiONS 133 AND (215)8~ FIXING THE. TI}.~E OF THE ELECTIONS AT WHICH SAID PROPOSED AI'~END~NTS SHALL PP SUPMITTED TO THE ELECTORS~ AND DIREC~ TING THE CITY CLERK TO PUBLISH NOTICE OF SAID ELEC TI 0 N, WHEREAS~ the Council of the City of Bakersfield proposes to submit certain amendments to the ChaPter of the City of Bakersfield to the electors of said City~ in the manner required by Section 8 of A~ticle X~ of the Constitution of the State of California~ at a special municipal election tO be held in the City of Bakersfield and to be cono soildated with the State General Election to be held on the 4th day of November~ 1958~ and WHE. RFAS~ the amendments so proposed to be sub~tted ~e as follows ~ PROPOSI~ON N0, i That Section 47ol be added to t~ Charter of t~ City of BakePso fisldA which section shall read as foilows~ EMPORARY EMPLO~NT ~ Section 47~1'o Nothing Contained in t~s ch~ter is -in~nded to prevent .ths emplopnt of pePs0ns fop '~mpo~a?y services in the several departments of the City~ p~ovided~ howeveP~ that such persons shall not be continued in service fo~~ a period of tim exceeding 120 woz~king days in any one department in any ~Piod~ of one yea~ PROPOSITXON NO o 2 That Section 17 of the Cha~te~ of the City of Bakersfield be a~ndsd to ~ead as follo~s~ QUALiFICATIONS OF COUNC!L~,~,N ,~, Section 17~ Meu~b~:s of tb~ Council~ an~ cs..n, didates therefo~ shall be resiaents of the e~!'by fox= tba~ee years and electors of the which they represent-, Councilmen shall not hold any other pub!J2 cffi~' except that of nots~z=y public or msmbe~ of the state militias. and shall not be interests9 i.n an"y ~ontractz. job~ work or service fo~ the mu~i~Z, pa].ity~, as such into:~a'st is or may be define5 in Title i~ Divisio;.,. 4. Ai'ticle 4 of the Go~m~nmsnt ~]ods of the State of California.. Any bet who shall cease to possess any of the qus. lifications heroin shall forfeit bls office~ an~ any such contrsct~ in which any member or may become intere:~';;eS~ shall be void~ No ~mbe~ of the Counc:;.i except in so far as i..s necessary in the performance cf the duties of his offtce~ directly or indi:~ect!y take any part in the appoint~aznt~> promotion or diemisabel of any officer or employee in the service of the city othex~ than the officez~s or employees of the Councilo PROPOSITION NO., 3 That Section 34 of the Charter of the City of ~skersfie!6 be amsnde~ to re ad as follows ~ 0~'FICERS APPOIN~D BY T~ COIHqC!L,~ Section 34o The Comci! shall appoint the following officers'~; ~-~ City Msnagez~z~ ':.~ho may or may not be s resident of the 0ity at the time of his sppointment~/~.yhose te~m of office shall be at the pleasure of the Courtclio TressuFs2~ 3~ Assessor, 40 Attorn~y~ ~ Clerko 6 o Audi tot .~ Pi~OPOSITYON NO~ 4 That Section S8 of the Chsr~r of t~e city of Bakersfie!G be amended to read as fo!iows~ I~ADS 0F DEP,nkRTk~Ni'S~ Section 38~ The following officers shall be appointed by City Managerc 1 o Chief of Police o 2o Chief of Fire Department° City Engineer° Superintendent of Streets° ~uilding and Plumbing Inspectonto ~PR.,.O.P0_S!T!gN__N..O._o_ ~__ That Section 46 of the Charter of the City of Bakersfield be amended to read as follo~s~ RESTRICTIONS UPON OFFICERS o Section 460 The provisions of the State law contained in Title l~ Division ~ 'A~ticle h of the Gove~ment Code of the State of California~ ~'all be applicable to Officers of the Cityo PROPOSITION NO o 6 That Sections 67~ 72~ 73~ 7~ 76 and 78 of the Cha~te~ of the City of Pskersfield be amended to read as followsc DATES 0F NOMINATING AND GFNFR~ ELECTIONSo Section 67~ A ~neral election shall be held on the second Tmsday 6f April of each oddsnumbered year commencing in the year 1961~ for the election of members of the Co~cil~ A nominating election shall be held on the sixth ~esday prior to the date fixed for t~ general election in each odd~n~sbered year~ The members of the Co~ci~ elected shall hold office until their successors are elected and qualified~ (T~s amendment shall become effective ninety (90} days from and after its filing with the Secretary of Stmte~ but in no 'event earlie~ than April 22~ 1959. ) DA~ 0F PR~SEN~NG PE~TION AND FORM Section 72~ For the election to be ~ld in 1959 unde~ this Charter subject to the amndment to this section~ a petition fo~ no~na~ tion~ consisting of not less ~han ~enty~five no~ more than fifty individual certificates fo~ any one candidate~ may be presented to the Clerk net earlier than January 26~ 1959 and not later than February 209 1959o Thereafter~ said petition for nomination may be presented not earlier than ninety ~90) dayse nor later than sixty (60) d~ys before the nominating election: The Clerk shall endorse thereon the day~ hour and mi~u~e when the petition ~as presented te him° The certificates constituting such petition~ before being presented to the Clex~k~ shall be ~astened together in a secure and suitzble mar~aer~ arranged in alphabetlop.1 order acco~-ding to su~n~o~xes~ and the certificates shall then be nuanbe~ed consecutlve'lyo E~AMYNATXONS OF PETITYONS BY CITY CLERK° Section 73- When a petition of nomination is presented filing to the Clerk~ he shall forth~ith e~mine the same~ and ascert~in ~hether it is sufficient under the provisions of this charter. Within se~en days thereafter he must examine and determine ~hether or not it is sufficient and shall ~ttzch to s~id petition his certificate~ sho~ing the result of said examina$ion~ and forthwith send by regis~ toted mail or deliverm a copy of said certificate to the person seeking a nomination° ~f the petition be found insufficient~ such certificate of the Clerk sh~!l designate each individual certificate found to be defective and the defect ths~eino Xf the petition be insufficient~ it may be mended or supplemented by the presentation of a~ additional nomix~ting petition or petitions containing additional nominating cer~i~icate~ not late~ t'ku~kn forty~fi~e days before the date of the nominating election. The Clerk shall~ ~ithin five days after the presentation of s~ch additional nominating petition~ make like examination and determination of the amended petitton~ and attach to it a like certificate and mail a copy as aforesaide and if his certificate shall shoddy the mended petition to be insufficient~ the petition ~hall be returned to the person seeking a nomination named as the person to whom the petition is to be returned° If necesssry~ the Council shall provide extra help to enable the Clerk to perform his duties~ under any election provision of this charter. (This amendment shall become effective ninety (90) days from and after its filir~ ~ylth the Secret~-r~ of State~ but in no event earlier than April 22~ 1959o} k~ETHDE&I,IAL OP CANDIDATE POR NOMXNATIONo Se~tion 75° .~ny person ~ho has filed his de,~la?a~ton o~C dacy~ as in this ar~ie provideds may~ not later ~han forty (~.0'~ before the day of {~c no~in~l.in~ election~ cause his name to be dra~ from nomination~ by filing ~th the Clerk an affidavit that he so withdra.~:s~ and no n~e so ~ithdrar~a shalX be printed ~n the ballot° {This ssendment shall become effective ninety fgO) d~js from and after its filing with the Secretary of State~ but in no event earlier thsaApPlX 22.~ FILYNG 0P Section 76° ~f either the original op the amended petition be found to confor~ to the provisions of this artic~e~ the Clerk shall f~le the sa~e not later th~nforty (~) days before the date of the nomin~ting election° ~en a petition of nomination styall have been flled~lth the Clerke it shall not be withdrav~n nor added to~, and no signature shall be revoked thereafter° (%~ts amendment shall become effective Pincry (90) da~$ from and after its filing~ with the Secreted:' of States but in no e~ent earNlet thanApril 22~ 1.959o~ ELECTXON PROC~AMATXONo Section 78° Y~nedi~te~J after such petitions a~e filed0 the Clerk shall enter the ~imes of the candidates in a iist~ ~ith the offices to be fillode ~het~eP for a full or ~nexpiPed term ~d t~.e ne~ues of the ce~didates for' e~ch0 and shall~ not later th~n forty days before the nomi~%~i~?g election certify such 3, ist as being list of candidates ncndnated~ and the Council sh~ll' cause said list to be filed and p~olished in the proc~araation calling the for three {3} successive days~ commencing seven (7) days before th~ day of election~ Sa~d proclamation shall in all ~ther respects be g©~ex~ned by oi~di~anceso <~ts ~en~ent sha~l become effective ninel~y (90) days f~om eked a~te~ its filing ~-~lth ~e Secretary of but in no svs~t s~lie~~ ~h~ April 22~ 19590) That Section 146.of the Cha~te~ of the City of Bake~sfield bs amended to ~ead as fcllo~'s~ ELYGIBILZTY~ Section 146o Members of the Bos3d of Education must be q~a~ified registered e!~oteFs of %he Bakersfield School District fop three (3) yea~s nex~ preoed!~ng thei~ election~ That Article VI~ en°bitled "DePa~tment of P'~blic I4e32~.Pe~" c~nsistt~ of Sections 6l,~ 620 63o 64 and 65 of the Charter of the of Bakersfield be and the same is hereby P~pes!sd~ That Article VIXI~ entitled "Judicial Depeaet~nent~s consisting 101 Sections 98~ 99o 100~/102~ 103~ 104~ 105~ 106 and 107 of the Ch~Tte~ of the Ct'~ ~f Be-kex~sfisld be and the s~e is hereby Pspealed~ PHOPOSXTXON N0o 10 That Seetio~ 133 of the Ch~ter of the City of B~kersfie~d~ entitled "Xce a Public Utilit~'~ be and the same is hereby ~epea~ed~ PROPOSIT~0N NO~ iI That Sea%ion <2t5~ 8~ of the Cha~te~ of ~h~ Cit~ of B~ePsfis~d~ entttlsd ~Tempox~a~Y i~plo~snt"~ be ~%d the same is hereby Pepealed, NOW.~ THEREF0}~E:~ BE iT RESOLVED by the CoFa%oi! of the City of o Baks~sftsld~ on i~s ~ mo~ion~ that the ~o~esatd p~opo~ed amendments to the Cheete~ ~f ~$ Ci~ of ~ksPsfield be suetted to the electors of maid City ~s ~equi~ed by la~ at a special mmtcipal election to be held h s~d Ci~ on ~s 4th day o~ Novembe~ 19~8~ which election s~ll be consolidated v~,th the State Gens~,l Elec~io~ to be hs!d c~, s~id d~te, BE IT ~~R ESOL~D~ that ~e Ci'~ Clerk of the City of Bske~sfield be ~d she is hereby directed to give notice of election by publishi~ said Notice of Election in The Bakersfield Califo~,sn~ s newspape~ of general circulation p~inted and p~lishsd in the City of B~e~sfield~ Co~ o~ Ee~n~ State of Ca~lfo~s~ not mo~e tb~ sixty d~ys md not less ~ forty days be~o~e the date of s~id election~ in ~ll ~e e~tions thereof issued o~ the d~te o~ publication~ o X HERE~Z CERTXFY that ths foregoing Resolution was psssed sud adoptsd by the Cou~ci! of the City ~ Baks~sfisld at sn adjou~nsd mssting thereof held on ths ~gth day ~f Augmst~ 1958~ by the fol~ :y;2S B~N:,,~EY CARNAKIS, COLLINS,~ DEWIRE, DOOLIN, : , , : Counc~ol of the City of Bske~si~isldo APPROVED~ dsy~ of Aug~st~ 1958