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HomeMy Public PortalAboutOrdinance 112ORDINANCE //2, AN ORDINANCE OF THE CITY OF RF,AUIGIONT 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.grown, Jr., i .C.Conine, and C.L.I;iitcheltree, t'ile per- sons sought to be removed from office by said Recall peti- tion, which said Recall petition was filed with the Clerk of saidcity, and ewes found by said Clerk to be signed by 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 is sought, and had attached ing said Recall petition an whichthe removal or recall to each separate paper consist - 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; and formation and belief of the signature of the name which scribed, and of a qualified Beaumont, and, that according to the best in - affiant, purports each is the genuine to be thereunto sub - elector of said City of WHEREAS, 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 BEAUI,'ONT DOES ORDAIN AS FOLLOWS: SECTION 1. A special election is hereby called and ordered to be held in the city of Beaumont, State of California, on Tuesday the nth day of march 1929, for the purpose of submitting to the qualified electors of the City of Beaumont the question whether E.J. Brown, Jr., H.C.Conine, and C.L.Iitcheltree, or either or any of them shall be recalled from the office of Trustee of the City of Beaumont. Said special election shall be held and con- ducted, and the votes thereat received and canvassed, and the returns thereof made, and the result thereof ascertain- ed, determined and declared according to the laws of the State of California providing 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 shall appear thereon the follow- ing questions: "Shall E.J.Brown, Jr. be recalled from the office of Trustee of the City of Beaumont?" "Shall H.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 question 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 star:.ping a cross (X) -2— his vote for or against said recall. On such ballots, under each such question, there shall also be printed the navies of those who have been nominated as candidates to succeed each person recalled, in case he shall be removed from office by said recall election; but no vote shall 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 word "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 "N0" 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, shall not be held to invalidate or affect the election in any manner. In addition to the matter required to be printed on the official ballots, upon the sa2„ple 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 justify their course in office. If a majority of those voting on such question of the recall of any incumbent from office shall vote "TSO", said incumbent shall continue in said office; if a majority shall vote "yES!' said incumbent shall thereupon -0- 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 Eledtion precinct No.1, 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 meeting 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) w. L. Percy; Judges (2) and Grace Bower; Clerks (5) Kate Todd, Ailene Castleberry, and Una B. Carey. At said special election the polls shall be opened at six (6) o'clock A.L. 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 shall 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 all supplies that may be necessary to properly and lawfully conduct said election. SECTION 7. when 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 the re- call of said officials, and make return thereof to the city Council in time, form and manner required for the count- ing, canvassing and returning of votes cast at other munici- pal elections held in said city of Beaumont. SECT10N 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 number of votes fail to qualify within ten (10) days after receiving the certifi- cate of election, the office shall 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 ordi- nance and shall cause the smile 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 7 day of 1929. Attest: CTerTt. 1, FRANK RICHARDS0N, Clerk of the City of Beauriont, HEREBY CERTIFY, that the foregoing ordinance, being ordinance # �� , of the City of Beaumont, was introduced and read at a regular meeting of the City Council of the said City, held on the g/" day of 1929, and that the same was duly passed and adopted; sighed by the mayor of said City and Attested by the Clerk at a regular meeting duly held ori the 7" day of.c)(e r 1929, and that the same was passed and adopted by the following' vote. (5. AYES: TRUSTEES NOES: TRUSTEES_ /-,c..t_ ABSENT: TRUSTEES I rITi''I3X CFRTIFY: That the fore ;oinp Ordinance was introduced at a�v / X31 " y/ ?At ;7 �° `/` �.c� `C2�,a� / ? Clerk o1'y o Beaumont. /1.49 e 1