HomeMy WebLinkAboutRES NO 5-57 RESOLUTION N0._~5,57~
RESOLUTION PROPOSING CERTAZN
CHARTER OF T~E CITY ;QF, BAKERSFI~D BY ADDING
THERETO SECTIONS 113,1 tc 113.10, INCLUSIVe],
AND BY AMENDING SECTIONS (210) 3 and (217) 10,
THEREOF; FIXING THE TIME ~F- TRE ELECTION AT WHICH
SAID PROPOSED AMENDMENT~ SHALL BE SUBMITTED TO
THE ELECTORS; AND DIRECTING T~ CITY CLERK TO
PUBLISH NOTICE OF THE ELECTION~
WHEREAS, the Council of the City of Bakersfield proposes
to Submit certain amendments to the Chartor of the City of Bakers-
field to the electors of said City, in the manner required.by Sec-
tion 8 of Article XI of the Constitution of the State of California,
at a special municipal election to be held in the City· of Bakers-
field and to be conSolidated lwtth the Nominating Municipal Election
to be held on the 19th day of MaP~h, 1957, and
WHEREAS, the amendments so proposed to be submitted are as
follows:
. PRO. POSiTiON· Nq,. -r
That Sections 113.1 :'t0~113.i0, inclusive, be added to tile
Charter of the City of Ba~rsfield, which said sections shall read as
follows:
TRANSIT AUTHORITY
Section l13.1(~a) There is hereby created a department of
i Authority of the City 6f Bakers-
the city to be known as the "Trans t
field," hereinafter referred to as the Authority, and the control of
said department shall be vested in a Bosr=d of Comm~issioners here in-
after referred to as ~he Commission ~onsisting of f i-~e regular members
and two ex-officio members.
(b) The regular members of the Commission shall be appointed
by the Council for a term of five years each, each term to com_mence
on july l" and to terminate on June 30, except that the first Pegu!ar
members shall be appointed the Council. as. soon as practicable
after this section becomes effective, one for a terz~ ending June 30,
1958, one for a term ending June 30, 1959, ~ns for a ts~n ending
June 30, ;1960, one for a term ending ju~e 30, 1961~ and one for a
term ending June .30, 1962. Each ~regular n~ember shall hold offZoo
for the term for wMch he is 'appointed and ~ntil Ms successo!~ is
appointed ~d qualifies, shall serve without pay ~less otherwise
provided by ordinmce, and shall be eligible to succeed h~sslf.
regular member of the Oomiss'i~n ma~ be ~smoved by five a~firmative
votes of the Coboil. In the 'event the office of any regular me~ber
becomes vac~t the C.c~cil s~ll appoint a regular member to fill such
vac~cy ~d to serve ~-or the remainder of the cm'rant term ~d mntil
his succe:s~sr is app. ctnted and qualifies.
(o) One ex-o~ficio member of the Cornlesion sMll be the
Ci~y Mmager ~d ~he o~h~r Sx~ffi-cio member shall be such head of a
city department as shall. be designated by the C,mcil from time
time to serve as such member. M ex-officio member shall Mve the
right to vote as a membe~ of the Co~Isslon.
(d) Each regular member of the Commission shall take
oath te be given by the City Clerk to s~knport the Constitutions of
the United States ef America and the State of California, the Charter
of the city and the regulations of the Authority, such oath to.be in
addition to any loyalty or other oath required by la~v or city ordinance.
ADMINISTRATIVE OFFICER.
Section 113.2. The Commission s~hall appoint an adIr. inis-
trative officer whose title shall bel"'General. Superintendent'F. snd
who shall have charge over subordinate personnel sad who shall direct
the operation, control and maintenance of any public transportation
system or facilities owned or operated by the city~ The General.'
S+uperi~tendent shall serve at the will of the Comnission; provided,
that five affirmative votes of the Con~ission shall be necessary to
discharge th~.=.Gene~l S-up~rtn~endent. No ~embsr of the Commission
shaii~'be appointed General= Sup~intendent.
:~' OFFICERS AND DUT ~
Section 113.3 (a) The officers of the Commission and
of tha Authority shall be a Chalrm~n, a Vice-0hairman, and a Secretary,
each to be appointed by the Commission. The Chairman and Vice-Chairman
":' regular .=~'!!. '
shall each'be a~member=ef the Commission, shall be appointed at the
first meeting'of the Authority held ~n or after each july let, shall
serve until' the next following June 30th and until a successor is
appointed and qualified, and shall bs eligible to succeed himself. A
vacancy in either office shall be fillod by the Com~nission, the
lappointee to serve for the remainder of the current term and until a
successor is appointed and qualifies. The Secretary may but neod not
be a member of the CommiSsion. The $ocretary shall serve at the ~yill
of the Commission and-may be paid such compensation for his services
as ~ the. i~.. Council may establish. The Commission may appoint sn
assistant secretary who may but need not be a member-of the C~mmission.
(b~ The Oommission shall by resolution fix rules &ud
regulations governing the holding, calling, adJo~b~nmsnt and conduct
of meetings of the COmmission. The Commission shall meet in regular
meeting at least once each month. All meetings shall be open to the
public and shall be 'held at such place as the Co~cil' may designate
by-ordinance. Minutes shall be kept of each meeting ~nd all official
actions shall' be recorded therein.' A majority of the members,
including ex-officio members, shall constitute a quor~uu except that
a lesser number may adjourn from time to time. Actions of the Com-
mission shall be by resolutionor motion ~nd the affirmative vote
0f a ~ma~0rit~ o~'~ the members,. including eX'0ff~ci~' ~m~$~'~all be
required on any action except that a meeting may he adjourned until
a future time by a majority.of those p~esent.
(c) If a regular member ®f the Co~_v,;~ission shall be
absent from 'all meetings of the ~-ommissien, regular and special,
within a period of 60 consecutive days, ,3_~less such absence is excused
by the Commission, the office ef such membe,r shall become vacant.
(d) The City Attorney sh~ll be the legal advisor to the
C~mmission and the Authority. The Ce..~i.~issi0n may, with the consent
of the Council, employ special legal counsel for teraporary purposes.
POWERS OF COMMISSION.
Section 113.4. The Comm. isSion acting for the Clt~r shall
have the power:
(1) To acquire ~by purchase, lease, eminent domain o'_~ any
other mar~-er), construct, hold, operate ~nd maintain public tre~nsportaticn
facilities of every kind sad nature (including but not limited to a
municipal bus system) to serve the city and areas adjacent th.ersto,
including such real and personal.~.~.p~operty ~ithin or without the city
as may be necessary .r convenient. for such p~poses. ~l p?operty and
facilities so acquired er held shall be acquired and held in the ns~ae
cf the city and shall be owned by the city. All pth~chases shall be
made through the Purchasing Department cf the city.
"(2] To plan, regulate, control, establish the policies
and otherwise have Jurisdiction over any public transportation facilities
o~med er operated by the city.
(3) To fix, determine, establish e_~_d revise 'rates to be
charged for the use of such public trar_s_r, ortation facilities, the
schedules and routes of such public tz~anspcrtaticn facilities, and the
rules, regulations and policies pertaining to such facilities.
(4) -To employ all perser~el deemed necessary or convenient
-to ,.eperate the Authority as a depart~..oe~.t of the-city ~nd' to- eDenate
and maintain the public transportation ~e. cilities tuxder its juris-
diction. The residence requirements ef this Charter shall apply to
all such employees, except the Gene?al Superintenden. t. Persons
were employees of a privately. owned transit stem ~n the City of
Bakersfield at the time such system or any part thereof was s. cquired
by the city may be employed without regard. to such residence require-
ments. The 0ommission may, from tli~_e to tLme, p-~ovide ~_~ules and
regulations governing the conduct of such employees. Vacation, s ~xith
or without pay, sick leave, marginal benefits, and ~ther terms and
conditions of employcot shall~'~be, established by ordinance ~nd shall
be the sme as provided for mployess of the miscells~ueous departments
of the City of Bakersfield, Such e~nloyees, except the General Supe~TM
intendent, shall also be subject to, ~d h8.ve the benefits cf, the
provisions of this Charter regarding civil service for officers ~d
employees in the miscellmeous depa~-snts. Upon rec0~endatior~ and
application of the Cornlesion to the ScL~.cil such employees may bo
hcluded in such retirement system as may be applicab!e to the
cellmeous deparments of. the city.
(5) To take oU~ and carry iL~s~ance insuring the city,
its officers, employees and the~ Co~.is2io~ and the p~operty and
equipment of the city~ 0f' every kind or natb~s held or used. in co~_~ection
with public tr~sportatiqn facilities, ~gair~st any cr all risks;
provided, that ~y of .the foregoing ins~,~n~ce deemed by the CoEiosion
to be necess~y may.be provided by the city as a part of any general
instance carried by the '~City ~d~.nesd not be separate therefrom.
(6) To make all oth~ rules and regulations ~d to t~ks
my other action deemed by the Ccmission to be necess~y er
venient in the proper a~inistration ef the public tram. sports. tics
facilities mder its j~isdiction.
'(-7~ T.~ recemend to the Cc~s~l the ~dcp~ion b~ it o'~
such ordinances or otbr regulations as the Coblesion deems necessary
or proper to provide an efficient public trEsport~tion system.
~FBLIC HEARING ON R~TES f~D ROUTES.
....... ~ectiOn 113.5, In f~!ng the rates to be charged for
the use of public transportation facilities under its
the0ommission may fix rato's at varying scales for different classes
of customers and different 'length of travel. Before fixing, determin-
ing, establishing or revisi~E ~a~es or routes, the Col.,mission shall
hold .a public hearing thereon and a notice of suclu hearirg shall be
published at least once in the official newspaper at least two days
but not more than seven days before such hearing. Such notice shall
state the time and piece. of the,!]hearing and shall gene~s. lly describe
the actions proposed to be taken. ~.t such hearing any resident of
the city and any 'ether interested person may present his objection
to or views !upon any aC'~ion proposed to be taken. The determinations
and actions of the Commission follo~ing such hearing shall be final
and conclusive. The requirements. cf this section shall not apply to
temporary changes made necessary to meet emergency conditior..s.
DISPOSITION' [0F REVEN1E. '-
Section 113.6. (a) .- AlL receipts from the opera. rich of
the Authority .and of the public transports. rich system or systems under
its Jurisdiction shall be paid,into the city treasua~y and deposite~
to the Credit of the Authority. in a separate fund or ftmds.
credited to the Authority shall be used for the following purposes
in the following order 'of; preference:
(1)I The .payment of currant expenses of the Authority
for its .operation and:'TS~ t~ie maintenance, operation mud repair of
the public !transpgrta~0n system or systems r-rider its, jurisdiction,
including but not'-liLmited t0~Sa!aries, retirement system contributions,
supplies and insurance pTemiums.
(2) Periodic deposits into such insurance er accident
reserve funds as may: be established by the Commission.
(3) Deposits into the de~-~eciaticn reserve fm~d as
hereinafter provided.
such other fund as thee, Council may designate, of the reasonable cost
of any property or services rendered to th.s Authority by sn~ other
department of ~thel city,
(~) The payment of interest ~d principal coming due
on any bonds issuedby the city ~or the acquisition, co~struction~
establishment, improvement, or extension o~ public transportation
facilities.
(6) Additions to'or extensions or iEproveme_~.ts of the
public transportation !facilities under the .jurisdiction cf ~he Authority.
(7) Depositsinto a~su~plus f~md established by the
· (b) A~y moneys~ in the s.~p!us ~uud may bc 'used from time to
time for any of the ~f'0regoing purposes and following the close of each
'fiscal year .~ybalmceTM tn ~he 'S~plus f~nd which exceeds 1~% oi· the
to'tal expendit~es' during the Rrevious fiscal yea~ fo~ items ~der
subdivision (1) above:may' upon order of the Co~cil,. be transferred
to the general f~d of::the city.
(c) The Comcil may from t~s to ti~qe advance, ~f~om the
general fmd or other available f~_ds of the city, moneys t0 pay any
of the items referred to in Subdivisions (1), (2), (3) ~d (6~ shove,
~d sh~l provide for the. t~e,'method and priority fcr the repa~o. ent
of my such advances. guch.advances shall' be cre~tsd to the
of the Authority ~d s~ll be used as other fLL~ds credited to the
Authority ~e used.
(d) The' Comcil may in any year le~, .vet and above the
l~its prescribed by:gec.~ion ~6 of this Charte~, a property tax fo~ the
p~pose of supplementing the f~ds .f the ~utho~ity, which tax levy
may not exceed the rate of five cents on sack one h,u~od dollars
assessed valuati.n .f taxable real and pe?s~,nal property ~ithin
the city. The proceeds. of such tax shall be credited to the Authority,
shall be used for the same purposes as those for which other funds
credit~ed to the Authority may be used, and shall not be considered
an advance within, the m~aning o~f~+$his section.
~ (e) Any payment by the city of principal and interest
coming due on any bonds issued .by the city for the acqulcltion,
construction, establishment, improvement or extension of public
transportation facilities out of f,~,nds of the city other than those
credited to the Authority, whether raised by tax levy or otherwise,
shall not be considered an advance withim the meaning of this sections.
DEPRECIATION RESERVE ~D.
Section 113.7. For the pu~pose cf providing £onds for the
reconstruction and replacement of the properties forming ~ ps~rt of
the public transportation system or systems under its Jurisdiction
made necessary because of physical or f~nctional depreciation or
obsolescence, the Commission shall create ~nd maintain a depreciation
reserve fund. The Commission shall, in accordance ~ith good accounting
practice, determine the annual amount necessary to provide for such
depreciation or obsolescence and sh~ll revise such smotunt fro~ time
t~ time as may be necessary. Subject to the availability of funds, there
shall be paid monthly. into said fund ~t least one-t~slfth~o~ the
annual amourAt then in effect and the ~oneys accumulated in said f~nd
shall be used only for the purpose for which it is creatod unless
both the Commission and the Council shall each determine otherwise
by a two-thirds vote of their respective memberships.
FISCAL BUDGET.
Section 113.8.
N~t later th~ the second Monday in May
of each year the Commission shall preps. re and submit to the Council
a proposed budget, showing, inkdetail, the ostinated revenues end
expenses of the Authority for the fiscal year begir~.i~.g the
following july 1. The Council shall revie~ said budget at the time
of reviewing Other budgets forget,the operation of the city, may add to,
delete or change the revenue and ~expense items therein, and ~,fter such
review shall adopt a final budget ~or the Authority.
S~ECTIONS NOT
Section 113.9. Sections 109 and ll3 of this Charte~
shall not be applicable to public transportation facilities o~med or
operated by the City.
BONDB ~DEBTBESS.
Section ll3.10. (a) ~e Council ~ay, in the mariner
specified in laws of the State of California applicable thereto, call
md otherwise provide for elections to a~thorize the incm. rir~g
bonded ~debt of ~e ctty.~including general obligati~ bonds, for the
p~pose of acquiring, constructing, establi'sP~ng, sxtendi~ cr L~proving
public tr~sportation facilities o~rned o~ operated o~ to be c~,med
operated by the city, ~d the provisions cf Sectionsll0, ill and ll2
s~ll not be applicable thereto'. ~y such election hold concurrently
with the submission to the electors c~ the Charter ~en~snt o~ which
this section is a part shall be conclusively deen~ed to have been
held in accordance with the then existing provisions of tkfs Charter
~d if the proposition submitted at such election for the in. ore'ring
of such debt ~all have.received the vote required by the Constitution
~d laws of the State of California the bonds authorized at such
election shall be deemed valid bonds.
(b} The Comcil 'may issue and sell ~uy bends of the ~City
authorized for any of the foregoing pm~posss and may grant to the
Comission ~e 'au~ority to expend or~ behalf of the City~ tHe'p~cceeds
from the sale of such bonds for the p~_~poses for ~hich the sm~o wore
issued.
That Section (210) 3;0f the Charter of the City
Bakersfield be amended to read as rolEowe:
APPOINTMENTOF SECRETARY - CDbV~iCAL SERVZCES.
Section (210) 3- TheCivil Service Board shall appoint one
of its members as secretary, who shall perform such duties as may be
assigned by said Board, and the City K~aager shall provide such clerical
or secretarial services'.'t0 the':Board or its secretary.as may be necessary
to carry out the functions of said Board or. of the Trial Board.
' That Sections;(217)t0 of. the Charter of the City ef Bakersfield
be amended to read as follows:
CREATION ANDESTABLISEMENT OF TRiAL BO~a~D.
Section (217)'10. (a). Tho~e is hereby created for tho
purpose of hearing and determining charges made against any officer
or employee of the several departments affected by this amendment.,
a Board to be kno~rn as t~e Trial Board, which sh~ll be composed of
the members of the Civil Service Board. The verdict and judgment of
a majority of the Trial Beard shall be fLnal and conclusive.
(b) If the accused shall answer said charge within the
allotted time, heshaI1 be givenfivo (5~ days notice of the time and
place of hearing of said charges, and the accused may, at +the hearing
of such charges, be represented by'comasel and shall have the ~ht
to compelthe attendance.of such witnesses as he may desire to testify
in his behalf. If the accused be found. guilty by the Trial Board,
and intts. opinion the charges are of such a.character as to warrant
dismissat',--i~.shatl s~ advise ~heappeia'~'~ive-~p~w-~anO~-said~-aPP'oi~ti~'~
power shall then dismiss or discharge. the officer or employee whose
guilt has been so established and determined. If the 9~ial Board
shall find that the accusedbe guilty. as charged but that the charges
do not warrant dismissal, itshall havo the power to inflict such
other punis~nnent upon the~accusedas in its judgment shall be
adequate;'provided, however, that should sn officer or employee
affected by this amendment beconvicted of a felony, or malfeasance
in office, or 'be adJudged insane, the position shall be declared
vacant by the authority having 'the appointive power and the vacancy
shall be filled as herein provided.
NOW, THEREFORE, BE IT RESOLVED by the Council Of the City
of Bakersfield, on its own motion, that the a~oresaid proposed amend-
merits to the Charter of the City~of Ba. kers~ield'be submitted to the
electors of said City as required by law, at a special municipal
election to be held in .said City on the 19th day of March, 19~7, ~hich
election shall be consolidated with the Nominating Mm~icipal 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 publishd..ng said Notice of Election in The Bakersfield Califo~nisn,
a newspaper of gen.erai!'circulation printed and published in the City
of Bakersfield, County o:f Kern, ~State of California, not more t~
sixty days and not less than forty days before the dste of said
election, in all the ~edl~iens thereo_~ issued on the date of publio~tion.
I HEREBY CERTIFY that ~:~e- foregoing Resolution was passed
and adopted by the council Of the City of Bakersfield at a regu-
lar meeting thereof, held :on the 28th day of january, 1957, by
the following vote: "~ ~ ~:' '
~'ES: CAR,qAX!S, COtUNS, CROES, ~OOLI,'L EVFLETH, SDH','!EI;ZER=
the Co'unci~ o-,f' th? 'C:-~.tly' of Bs~e~fiel-d.
Approved this 28th day of ja~u-
Mayor of the City o~ Baker fie ~