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Home My WebLink AboutRES NO 061-12RESOLUTION NO. 061- 1 2 A RESOLUTION CALLING AND GIVING NOTICE OF HOLDING A GENERAL MUNICIPAL ELECTION FOR THE ELECTION OF COUNCILMEMBERS FOR WARDS 2, 5, AND 6, CALLING A SPECIAL ELECTION FOR THE ELECTION OF COUNCILMEMBER FOR WARD 4, AND REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF KERN TO CONSOLIDATE WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 6, 2012. WHEREAS, Section 67 of the Charter of the City of Bakersfield prescribes that a General Municipal Election for election of members of the Council shall be held on the first Tuesday after the first Monday in November of each even - numbered year; and; WHEREAS, the California General Election will be held on November 6, 2012 and; WHEREAS, the City Clerk has received an irrevocable Notice of Intent to Vacate Council Seat from Councilmember David Couch, Ward 4; and WHEREAS, the cost to hold a Special Election at the same time as the November 2012 General Elections, will save the taxpayers money by reducing elections costs; and WHEREAS, it is desirable that the General Municipal Election and Special Election be consolidated with the Statewide General Election to be held on the same date and that within the City the precincts, polling places and election officers of the two elections be the same, and that the Kern County Election Department canvass the returns of the General Municipal Election and Special Municipal Election, and that the election be held in all respects as if there were only one election. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: SECTION 1. That pursuant to the requirements of Section 10403 of the California Elections Code, the Board of Supervisors of the County of Kern is hereby requested to consent and agree to the consolidation of a General Municipal Election with the Statewide General Election, on Tuesday, November 6, 2012, for the purpose of electing Members of the City Council for Wards 2, 5, and 6 for the full term of four years which ends November 2016. 1 0 R! 1 NAL SECTION 2. That pursuant to the requirements of Section 10403 of the California Elections Code, the Board of Supervisors of the County of Kern is hereby requested to consent and agree to the consolidation of a Special Municipal Election with the Statewide General Election, on Tuesday, November 6, 2012, for the purpose of electing a Member of the City Council for Ward 4 to fill the unexpired term of David Couch, ending November 2014. SECTION 3. That the Board of Supervisors is requested to issue instruction to the County Election Department to take any and all steps necessary for the holding of the consolidated election. The election shall be held in all respects as if there were only one election. SECTION 4. That the County Election Department is hereby authorized and requested to canvass the returns of said General Municipal Election and to certify such canvass of the votes so cast to the City Clerk. SECTION 5. That the City of Bakersfield recognizes that additional costs will be incurred by the County and shall reimburse the County for services performed when the work is completed and upon presentation to the City of a properly approved bill. SECTION 6. The City Clerk is hereby authorized and directed to certify the adoption of this resolution, transmit to and file with the Board of Supervisors and the County Election Department of the County of Kern. SECTION 7. The City Clerk is hereby authorized and directed to give all Notices and perform all advertising as required by law and perform or cause to be performed all the duties and functions in the conduct of the election as required by State law. SECTION 8. With regard only to the Special Municipal Election, and not withstanding anything to the contrary contained herein, the City hereby agrees, covenants, and warrants that the County, its Board, officers, or employees shall have no liability hereunder, by reason hereof, or in connection with the election requested by this Resolution. The City further agrees, covenants, and warrants that it shall indemnify and hold harmless the County, its Board, officers, employees and agents, and each of them ( "Indemnified Parties ") against any and all losses, damages, claims, costs, expenses and /or liabilities, joint or several to which such Indemnified Parties may become subject, because of action or inaction related to the election described herein. The City further agrees, covenants, and warrants that it shall also reimburse any such Indemnified Parties for any and all legal and /or other expenses incurred in connection with investigating and /or defending any such claims or action. ---- - - - - -- 000---- - - - - -- M HEREBY CERTIFY that the foregoing Resolution was passed and Council of the City of Bakersfield at a regular meeting thereof held on _ by the following vote: adopted by the JUN 2 7 2012 ✓ COUNCILMEMBER: SAXS/ , BENHAM, W I , COUCH, HAN N, SULLI V AN, JOHNSO N N AS COUNCILMEMBER: nbr1 k.______ ABSTAIN: COUNCILMEMBER: _3b" . ABSENT: COUNCILMEMBER: Ar: ROBERTA GAFFORD, CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED JUN 2 7412 Jaya HARVEY L. HALL MAYOR of the City of Bakersfield APPROVED as to form: VIRG IA G NARO CITY ATTORNEY Of the City of Bakersfield : rg S: \ELECTION \RESOLUTN\2012 \Calling Nov 6 wards 2,5,6 and 4 special 6/1/12 f,. i— r- c i _, ELECTION CALENDAR GENERAL MUNICIPAL ELECTION COUNCIL WARD NOS. 2, 5 & 6 AND SPECIAL ELECTION FOR COUNCIL WARD 4 NOVEMBER 6, 2012 FI FCTION CODE PROVISIONS DATES 1. City Council Meeting adopting Resolution calling election requesting Kern June 27, 2012 County to conduct. (E.C. §10402, §10403) 2. Publication of Notice of Election (Publish one time. (G.0 . §6061, E.C. §10242, §12101, §12102, §12109) Not earlier than 127th day prior to election July 2, 2012 Not later than 113th day prior to election July 16, 2012 3. First day to file Nomination Papers July 16, 2012 Requires no less than 20 nor more than 30 signatures. E.C. 10220, 10224, X0407 =113th day prior to Election _ 4. Last day to submit Resolution to County Board of Supervisors and County August 10, 2012 Clerk calling election and requesting consolidation (E.C. §10403) 5. Last day to file Nomination Papers and Candidate Statements. Must be August 10, 2012 filed concurrently. (88th day prior to Election - E.C. §10220, §10224, §10407, §13307) 6. Last day for candidates to withdraw his /her Nomination papers, excluding August 10, 2012 extended filing period. (E.C. §10224) 7. Last day to withdraw Candidate's Statement. May not be altered or August 13, 2012 changed once filed. (Resolution No. 47 -83, E.C. §13307, §13311) _ __ __ 1 8. First day of extension period for Nomination Papers to be filed. (Applicable August 13, 2012 only for Non - incumbent, when the incumbent does not file by the deadline Saturday August 8th Move Monday. E.C. §10225, §1040 9. Last day to file Nomination Papers and Candidate Statements under the August 15, 2012 extension period provision. Must be filed concurrently (83`d day prior to Election, E.C. §10224 §10225) - -- 10. Last day for candidates to withdraw his /her Nomination papers filed under August 15, 2012 the extension period provision (E.C. §10225) _ 11. Last day to withdraw Candidates' Statement filed under the extension August 16, 2012 period provision (E.C. §13307) _ _ - 12. Randomized Alphabet Drawing by Secretary of State (82nd day prior to August 16, 2012 Election. E.C. 13112, 13113 ) _ - - 13. Last day for City Clerk to certify and file with Kern County the List of August 17, 2012 Candidates (815` day prior to election G.C. §6066, E.C. §10403) August 23, 2012 14. Publication of List of Nominees as they shall appear on the ballot (Publish once a week, for two successive weeks, and no later than the 7th day prior to Election. G.C. August 30, 2012 X6066, E.C. §12110) - 15. First day filing period for Write -In Candidates,( E.C. §8600 -8604, §10103, §10220) September 10, 2012 16. First Pre - Election Campaign Statement due to City Clerk (Filing Officer) * October 5, 2012____ 17. Last day Register to Vote for the November election. October 22, 2012 18. Last day to file as a Write -in Candidate and file Nomination Petitions E.C. 8600 -8604 §10103 §10220) __ October 23, 2012 19. Second Pre - Election Campaign Statement due to City Clerk * October 25, 2012 20. ELECTION DAY November 6, 2012 21. Kern County to Canvass Election Returns (E.C. §10411, §10262(b), §10263(b)) November 8 - December 6, 2012 22. Swearing in Ceremony of newly elected Councilmembers December 11, 2012 * Refer to November 6, 2012 Election Filing Schedule and Campaign Disclosure Manual 2 for complete information on Campaign Finance. 06/04/12 S:\ ELECTION \CALENDAR \2012 \2012NOV6Wards 25&6.doc C c?