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HomeMy WebLinkAboutRES NO 13-56RESOLUTION 0F" TEE COUNClv~ 07 THE CITY OF BAKERSFIELD DEOEARING ITS INTENTION TO SUB- MIT CERTAIN EMENTS TO THE CHAR~ OF THE CITY OF BAEERSFIEA2D ~DING SECTIONS 14 Ai~D 20, AND ADDING A ElY SECTION TO BE DESIGNATED AS SECTION 20.1; FEING THE TIME OF THE ELEC- TION AT WHICH SAID PRD~SED AMENDMENTS SHALL BE SUBMITTED TO THE ELECTORS; DIRECTING THE.. CITY CL~RK TO rUBLISH NOTICE OF THE- E~ECTION; AND RESCINDING RESOLUTION NO. 1-56. .~ WERe, the Council of theCity of Bakersfield is desirous of submitting certain amendments to the Charter of the City of Sakersfield to the electors of the City of Bakersfield, in the manner required by Section 8 of Article XI of the Constitution of the State of California, at a special municipal election to be held in the City of Bakersfield and to be consolidated with the State Consolidated Direct Primary Election and Presidential Primary Election to be held on the 5th day of June, 1956, and WHEREAS, the specific amendments desired to be submitted are 'as follQws: pROPO~_~T~TION NO. 1 Levi sl~tive .Po~er s Section 14. The legislative powers of the city, except as reserved to the people by this charter, shall be vested in a council of seven members, one to be elected from each of the seven wards of the city by the electors thereof, and a mayor elected from the city at large. The mayor shall have the right to vote on 'all matters when the vots of the council results in a tie. Mavo~ and yAA~-Pres~de~t o_A~,Oour~cil Section 20 (a) Notwithstanding any other provision o~ this charter to the contrary, the provisions of this se.~ion shall govern as to the office of mayo~ol .The nzyor shall be elected by the qualified electors o~ the city and shall hold his office four years from and after the first Monday after the first day of January subsequent to his election, and until his suCcessor.is elected and qualified, unless sooner removed from office by recall or otherwise. The mode of nomination and election of the mayor shall be as set forth in this charter for the nomination and election of other elective officers of the city, except as hereinafter specifically provided. (b) The mayor shall be the chief executive and the official head of the city for all legislative, policy, and ceremonial purposes, and shall execute all legal instruments and documents, and shall preside at ~ll meet- ings of the council. The mayoF shall not be vested with admlnistrive authority. (c) The mayor shall devote such time as may be neces-~ sary. to properly and efficiently discharge the duties of his office, and shall receive an annual salary of Six Thousand Dollars ($6,000.00), payable in equal monthly installments, except as hereinafter provided. At the begirming of each fiscal year, the council shall approp- riate a sum of money not to exceed Fifteen Hundred Dollars ($1,500.00) for the receptionsand entertainment of public guests by the mayor. (d) An office adjacent to the office of the City Clerk shall be provided for the mayor for the conduct of his official duties. (e) Secretarial services shall be furnished to the mayor from the office of the City Clerk, in the dischedge of his official duties. (f) The mayor shall be a resident of the city for three years next preceding his election and an elector therein. In all other respects, his qualifications shall be as set forth in Section 17 of this charter. (g) The office of mayor shall be first in order of precedence on the municipal ballot and shall be separately designated. (h) All nominating petitions for the office of mayo~ shall be filed with the City Clerk ~yithin the time prescribed by ordinance of the council, but in no event later than twenty-five days prior to the last day for filing with the Board of Supervisors of Kern County, the resolution of the city council requesting consolidation of local election with the State election. The election proclaraation shall be made as set forth in Section 78 of this charter. In all other respects the provisions of State law regulating State primary elections, shall apply. (i) The form of declaration of c~ndidacy, the nomination petition and the requirements of certificate, shall be sub- stantially the same as required by this charter for other elective officers of the city. (j) The nominating and general elections for the offic~ of mayor shall be held concurrently with the Sta~e p~ima~y and State general elections, ~espectively. (k) At the first meeting a~d. upon asst~aing the duties cf the office of councilman, each ne~ council shall elect one of its members vice-president Of the council. (1) During the temporary absence or disability of the mayor, the Vice-president of the council shall act as mayo~ pro tempore, without pay, for a period not to exceed thirty days. Thereafter, said mayor pro tempore shall receive the per diem pay to be deducted And based upon the monthly installments of compensation provided for the mayor until the dulyqualifled mayor shall again resume his official duties, at which time he shall again receive his monthly installments, or his pro rata share thereof, as the case may be. Absence from office or nonperformance of the duties of the office of mayor for thirty consecutive days without the prior consent of the city council, when not due to physical or other disability caused by sickness or accident, or absence from the office or nonperfoysance of the duties of the office for a period of ninety consecutive days without the consent of the city council during said absence, due to physical or other disability caused by sickness or accident, shall operate as a forfeiture of his office as mayor, and the council shall declare such office vacant. (m) If a vacancy shall occur in the office of mayor, the council shall appoint a person, who mayor may not be a member of the council, to fill such vacancy for the unexpired term, within fifteen (15) days of the time that the council shall be notified of such vacancy. In ~the event a member of the council is appointed to fill such vacancy, the resulting vacancy on said council shall be filled in accordance with Section 16 of this charter. PROP0S~_TION N0.2 Electio~ oaf First MaiLer Section 20.1 (a) Concurrently with these amendments to the charter, there shall be submitted to the electors of the city the names of the candidates for the office of mayor to be first elected, in conjunction with and pursuant to said charter amendments, and his qualifications and mode of nomination and election 'shall be as provided in Section 20 of the Charter as amended, and said mayor first elected shall qualify and thereafter assume the duties of his office on the first Monday following the filing with the Secretary of State of the approval of said a~endments by the State Legislature, and. said mayor.shall hold office until the first Monday after the first day of January, 1961,' and until his successor is elected and qualified, unless sooner removed from office by recall or otherwise. (b) In the event the first mayor is not elected as set forth in this section, the Council shall. call a 'special election to be held within ninety (90) days from and after the filing with the Secretary of State of the approval of said amendments by the State Legislature, for the pUrpose of filling the office of mayoF for the term ending the first Monday after the first day 0f january, 1961, in which event, all of the provisions=of Article VII of this cha~ter, excepting Sections'66, 67 and 84s shall apply. The candidate who has received the highest number of votes for such office at said special election, shall be declared elected for said first te~ and shall'qualify and assume the duties. of his office on the first Monday following said declaration. In case any two or more persons have an equal and highest number of votes for~ the office of mayor, the council shall, within thirty (30) days, at a ~pecial meeting called for such purpose, choose one of such' persons to fill the said office by secret ballot of the majority-of all the members of the c culloil. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfleld,~ on its own motion, that the aforesaid proposed amendments to the Charter of the City of Bakersfield be submitted to the electors of the City of Bakersfield as reqUiTed by law, at a special municipal election to be held in said City on the 5th day of June, 1956, which election shall be consolidated with the State Consolidated Direct Primary Election and Presidential ~imary 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 diPacted to give notice of election by publishing said Notice of Election in The Bakersfield Californian, a newspaper of general circulation. pPinted and published in the City of Bakersfield, County of Kern, State of California, not more than sixty days and.not less thanfopty+days before the date of said election, in all'the editions thereof issued on the date of publication. BE IT FURT~ RESOLVED, that Resolution No. 1-56, passed and adopted by this Council on the 3rd day of January, 1956, be and the same is hereby rescinded. -- I HEREBY CERTIFY that the foregoing Resolution ~as passed and adopted by the Council of~t~e City of Bakersfield at a r~gu!ar meeting thereof held on the ~ day of March, 1956, by the follow- ing vote: AYES: CARNAKIS, COLLINS, CROES, DgOLIN, .tti~, SCHWEITZER, SULLIVAN. NOES: ABSENT: City Clerk and Ex-0fficio Clerk o~f the Council of the City of Bakersfield. MAYOR Of t~e City of Bakersfield.