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Ordinance No. 958ORDINANCE NO. 958 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN FORMALLY ACCEPTING THE RESIGNATIONS OF THE CITY COUNCILMEN FROM COUNCIL DISTRICTS NOS. 4 AND 5, RESPECTIVELY; DECLARING SAID COUNCIL POSITIONS FROM DISTRICTS NOS. 4 AND 5 VACATED AS OF MARCH 31, 1969; INSTRUCTING THE CITY CLERK TO IMMEDIATELY BEGIN ACCEPTING APPLICATIONS FOR THE SAID VACATED COUNCIL POSITIONS; AMENDING AN ORDINANCE ENTITLED "AN ORDINANCE ORDERING THE MUNICIPAL ELECTION TO BE HELD ON THE 1ST DAY OF APRIL, 1969, FOR THE PURPOSE OF ELECTING THREE (3 ) COUNCILMEN FROM THE RESPECTIVE DISTRICTS NOS. 21 3 AND 6; AND THE ELECTION OF A MAYOR FROM THE CITY AT LARGE; PROVIDING FOR ELECTION OFFICIALS, DESIGNATING THE PLACES AND MANNER OF HOLDING SAID ELECTION; PRESCRIBING THE HOURS AND PROVIDING FOR THE POSTING AND PUBLICATION OF NOTICE" BEING OR- DINANCE NO. 956, PASSED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN ON THE 23RD DAY OF JANUARY, 1969, BY THE AMENDMENT OF SECTIONS 1, 4 AND 8 THEREOF, FOR THE PURPOSE OF PLACING ON THE BALLOT FOR THE SAID REGULAR MUNICIPAL ELECTION THE VA- CATED POSITIONS OF COUNCILMEN FROM DISTRICTS NOS. 4 AND 5; PROVIDING THAT SAID VACATED POSITIONS SHALL BE FILLED BY THE ELECTION OF COUNCILMEN TO FILL THE UNEXPIRED TERMS OF THEIR RESPECTIVE PRE- CEDING OFFICE HOLDERS. WHEREAS, resignations have formally been sub- mitted to the City Council by Councilmen A. M. Braswell and Albert A. Fanestiel, representing Council Districts Nos. 4 and 5, respectively; and WHEREAS, both said resignations were submitted to the City Council on the 13th day of February, 1969, to became effective at 12:00 o'clock midnight on the 31st day of March, 19 69 ; and WHEREAS, the City Council of the City of Baytown desires to accept the said resignations as submitted; and WHEREAS, by the acceptance of said resignations to be effective March 31, 1969, two vacancies shall occur on the Council at the same time; and WHEREAS, pursuant to Section 16 of the Charter of the City of Baytown, an election must be called for the pur- pose of filling two vacancies, the said election to be held in the same manner as provided for general elections; and WHEREAS, the Charter of the City of Baytown further provides that if such vacancies occur within ninety (90) days of a general election, the election to fill the said vacancies shall coincide with the said general election; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN: Section 1: That the resignations of City Councilmen A. M. Braswell and Albert A. Fanestiel, representing Council Districts Nos. 4 and 5 respectively, submitted to the City Council on the 13th day of February, 1969, effective at 12:00 o'clock midnight on the 31st day of March, 1969, are hereby formally accepted as presented. Section 2: That the City Councilmen positions for Districts Nos. 4 and 5 are hereby declared to be vacated as of March 31, 1969. Section 3: That for the purpose of allowing the said vacancies to be filled in the same manner as for the general election, the City Clerk is hereby directed to im- mediately begin accepting applications for said vacated po- sitions. For all purposes pertaining to the filling of these positions in the general election, the said positions are de- clared to be presently vacated. Section 4: That Section 1 of said Ordinance No. 956 shall be amended, so as to read as follows, to -wit: Section 1: That the regular Municipal Election of the City of Baytown, prescribed in said Section of said Charter of the City of Baytown, -2- W shall be held between the hours of seven (7:00) o'clock a.m. and seven (7:00) o'clock p.m. on the first day of April, 1969, in said City for the purpose of electing the following members of the City Council. Councilman from Councilman from Councilman from Mayor from the Councilman from Councilman from District District District "ity at 1 District District No. No. No. arge No. No. Two (2) ; Three (3) ; Six (6) ; Four (4) (Unexpired Term) ; and Five (5) (Unexpired Term) . Section 5: That Section 4 of said Ordinance No. 956 shall be amended,so as to read as follows, to -wit: Section 4: That one Councilman shall be elected from each of the respective Districts Nos. 2, 3 and 6 and a mayor from the City at large, the terms of office for said positions expiring in this election year. That one Council- man shall be elected from each of the respective Districts Nos. 4 and 5, to fill out the unexpired terms created by the resignations of the res- pective office holders. District No. 1 is re- presented by a holdover Councilman and no one shall be elected at this election from the said District. Districts are and shall be as esta- blished and defined and outlined in the report of the Commission appointed by the City Council for the purpose of dividing the City of Baytown into six districts of approximately equal popu- lation, the report of said Commission being dated the 5th day of February, 1948, and adopted and approved by the City Council of the City of Baytown on the 5th day of February, 1948, and as said report has been amended. Councilmen re- presenting each respective District, whether for -3- the regular full term or -unexpired term, and a mayor from the City at large, shall be elected by a majority vote of the City at large. Each Councilman, whether elected for the full term or to fill an unexpired term, shall be a bona fide resident of the District represented by him. Said three Councilmen elected from the respective Districts Nos. 2, 3 and 6 and the mayor shall hold office for a period of two years. That said two Councilmen elected from the respective Districts Nos. 4 and 5 at this election shall not hold office for a period of two years, but shall only serve the unex- pired terms of their preceding office holders. Section 6: That Section 8 of the said Ordinance No. 956 shall be amended so as to read as follows, to -wit: Section 8: That the form of the ballot for said election shall be substantially as follows: -4- OFFICIAL BALLOT FOR MAYOR (FROM CITY AT LARGE) FOR COUNCILMAN DISTRICT NO. 2 FOR COUNCILMAN DISTRICT NO. 3 FOR COUNCILMAN DISTRICT NO. 6 FOR COUNCILMAN DISTRICT NO. 4 Unexpired Term) FOR COUNCILMAN DISTRICT NO. 5(Unexpired Term) -4- W Section 7: Except as amended herein, said ordi- nance No. 956 shall continue in full force and effect. INTRODUCED, READ and PASSED by the affirmative vote of the members of the City Council of the City of Baytown, this 13th day of February, 1969. Sd'aborn Cravey, Mayor 14� ATTEST: (-o Edna Oliver, City Clerk APPROVED: Gilliam R. Laughlin, City "'Attorney