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Home My Public Portal AboutOrdinance 110ORDINANCE NO. 00 Q AN ORDINANCE OF THF CITY OF BEAUMONT CALLING A SPECIAL ELECTION. WHEREAS, the Clerk of the City of Beaumont has submitted to the City Council of the City of Beaumont a Recall Petition demanding the election of successors to E.J.Brown, Jr., H.C.Conine, and C.L.%itcheltree, the per- sons sought to be removed from office by said Recall Peti- tion, which said Recall Petition was filed with the Clerk of said C4)42411, and was found by said Clerk to be signed bar qualified electors of said City of Beaumont equal in number to at least twenty-five (25) per cent of the entire vote cast within said City of Beaumont for all the candi- dates for the offices occupied by the incumbents sought to be removed at the last preceding regular municipal election at which such offices were voted for, and, WHEREAS, said Recall Petition contained a statement of the grounds on which the removal or re -all is sought, and had attached to each separate psper consist- ing said Recall. Petition an affidavit made by a qualified elector of said City of Beaumont and sworn to before an officer competent to administer oaths, stating that the affiant circulated that particular paper and saw appended the signatures thereto; andthat according to the best in- formation n-forrnation and belief of the affiant, each is the genuine signature of th- name which purports to be thereunto sub- scribed, and of a qualified elector of said City of Beaumont, and, "JHEREAS, within ten (10) days of the date of filing said Petition, the Clerk examined, and from the Records of registration ascertained that said petition was signed by the requisite number of qualified electors, whereupon he attached to said Petition his certificate (1.) showing that as a result of said examination he found said Petition to be sufficient, now therefore, THE CITY COUNCIL OF THE CITY OF BEAUMONT DOES ORDAIN AS FOLLOWS: SECTION 1. A special election is hereby called City of Beaumont, State of California, on r`,_ -`the 'day of January, 192 , for the purpose of su itting to the qualified electors of the City of Beaumont the question whether E.J.Brown,Jr., and ordered to be held in the H.C.Conine, and C.L.Mitcheltree, or either or any of them, be recalled from the office of Trustee of the City of Beaumont. Said special election shall be held and conducted, and the votes thereat received and canvassed, and the re- turns thereof made, and the result thereof ascertained, determined and declared according to the laws of the Stag of California prov_ding for and governing the recall of elective officers of incorporated cities and towns, and the polls for said election shall be and remain open dur- ing the time required bY said laws. SECTION 2. Nominations for said office under said recall election shall be made by petition, in the manner prescribed by Section 1188 of the Political Code. SECTION 3. The ballots to be used at said special election shall be such as may be required by law to be used thereat, and in addition to any other matter required to be printed. thereon by law snail appear thereon the follow- ing questions: "Shall E.J.Brown, Jr. be recalled from the office of Trustee of the City of Beaumont?" "Shall HH.C.Conine, be recalled from the office of Trustee of the City of Beaumont?" "Shall C.L.Mitcheltree, be recalled from the office of Trustee of the City of Beaumont?" following which. questions shall be the words "yes" and "no" on separate lines with a blank space at the right of each, in which the voter shall indicate by stamping a cross (X) -2- his vote for or against said recall. On such ballots, under each such question, there shall also be printed the names of those -wbo have been nominated as candidates to succeed each person recalled, in case he shallbe removed from office by said recall. election; but no vote s ?all be counted for any candidate for such office unless the voter also voted on said question of the recall of the person sought to be recalled from said office. A cross (X) stamped in the blank space at the right of the vJord "YES" shall be counted as a vote for and in favor of the recall of said officials; and a cross (X) in the blank space at the right of the word "NO" shall_ be counted as a vote against such recall; SECTION 4. Sample ballots containing the matter required to be printed on the official ballots, also a card stating the location of the precinct polling place of each elector, shall be supplied to the electors of said City of Beaumont, by the City Clerk, but the fail- ure on the part of any elector to receive such sample ballot or such notice, sbalT not be heTd to invalidate or affect the election in any manner. In addition to the matter r. euired to be printed on the official ballots, upon the sample ballot there shall_ be printed in not more than two hundred (200) words the reasons set forth in the recall petition for demanding the recall_ of said officials, and upon the same ballot, in not more than two hundred (200) words, the officials may iustify their course in office. If a maiorit;, of those voting on such question cf the recall of any incumbent from office shall vote "NO", said incumbent s''all continue in said office; if a majority sha_il vote "YES" said incumbent shall thereupon -3- be deemed removed from said office upon the qualification of his successor. SECTION 5. There shall be but one election pre- cinct established for the holding of said special election, which shall be known as Consolidated Election Precinct No.l, and shall consist of a Consolidation of regular state and county election precincts Nos. 1 and 2, and that all of said City shall_ constitute said Consolidated Election Precinct No. 1. The polling place of said Consolidated Election Precinct No. 1 shall be at the City Hall the regular meet- ing place of said City Council on Fifth Street, in the City of Beaumont and the officers to conduct said special election in said Consolidated Election Precinct No. 1, are hereby appointed and designated as follows: Inspector(1) Judges (2) Clerks(3) 1�. 4 - a,. ;fl„ and and ry At said special election the polls shall be opened at six (6) o'clock A.17. on the day of said election, and shall_ be kept open until seven (7) o'clock P.M. of the same day, when the polls shat' be closed, except as provided in Section 1164 of the Political Code of the State of California. SECTION 6. The City Clerk is hereby directed to procure allsupplies that may be necessary to properly and lawfully conduct said election. SECTION 7. Men the polls are closed the officers of election shall count the ballots cast at said election and canvass the votes cast respectively for and against t' e re- call of said officials, and make return thereof to the City Council in time, form and manner required for the count- ing, canvassing are returning of votes cast at other munici- pal elections held in said Cit-, of Beaumont. -4- SECTION 8. If the vote at said Recall Election shall recall the officials, or either or any of them, sought to be removed from office, then the candidate who has received the highest number for said office or offices shall be thereby declared elected for the remainder of the term of the official recalled; provided, that should the person receiving the Highest nu-ber of votes fail to qualify within ten (10) days after receiving the certifi- cate of election, the office small_ be deemed vacant, and be .filled according to law. SECTION 9. The Clerk of the City of Beaumont shall certify to the passage and adoption of this ordin- ance and shall cause the same to be published once in the Beaumont Gazette, a newspaper of general circulation., printed and published and circulated in the City of Beaumont, and being an ordinance calling an election the same shall be in full force and effect immediately upon its adoption. Passed and adopted this day of November, 1928. Attest; 1Vayor of the Citi; of Beaumont. Clerk. T, FRANK RIC HARDSON, Clerk of the City of Beaumont, HEREBY CERTIFY, that the foregoing ordinance, being ordinance # of the City of Beaumont, was introduced and read at a regular meeting of the City C^uncil of the said City, held on the 22nd daffy of November, 1928, and that the same was duly passed and adopted; signed by the Mayor of said City and Attested by the Clerk at a regular meeting duly held on the da:7 of November, 1928 and that tie same was passed and adopted by the following vote. -5- AYES: TRUSTEES NOES: TRUSTEES ABSENT: TRUSTEES Clerk of t he City of Beaumont. -6-