1949 04 13 CC Minutes, Specialx.55:
MINUTES OF THE SPECIAL MEETING OF THE
CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS
APRIL 13, 1949
The City Council of the City of Baytown, Texas met in special session
on April 13, 1949 at 7:30 p.m. in the council room of the Baytown city hall
with the following members in attendance:
C. Darwin Middleton City Manager
David Donoghue City Attorney
Edna Oliver City Clerk
Absent. Fahy Godfrey Councilman
Weldon H. Williams Councilman
The Mayor called the meeting to order. The returns of the city election
on April 5, 1949 were canvassed by the council.
The City Attorney presented the following resolution:
"RESOLUTION
"A RESOLUTION CANVASSING THE RETURNS OF THE REGULAR
MUNICIPAL ELECTION HELD WITHIN THE CITY OF BAYTOWN
ON THE 5TH DAY OF APRIL, A. D.'1949 FOR THE PURPOSE
OF ELECTING A MAYOR FROM CITY AT LARGE AND THREE (3)
COUNCILMEN FROM THE RESPECTIVE DISTRICTS NO. 2, 3,
AND 6 DECLARING THE RESULTS OF SAID ELECTION FINDING
THAT NOTICE OF SAID ELECTION WAS DULY AND PROPERLY
GIVEN AND THAT SAID ELECTION WAS DULY AND PROPERLY
HELD AND THE RETURNS THEREOF MADE BY THE PROPER OFFI-
CIALS IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS.
"WHEREAS, pursuant to Section 96, Article IX of the Charter of the City
of Baytown, the City Council of said city at a special meeting held on this the
13th day of April, 1949, proceeded as required by law to canvass the returns of
the regular municipal election held in the City of Baytown on the 5th day of
April, 1949 for the purpose of electing a Mayor at large and three (3) council-
men from the respective districts No. 2, 3, and 6, said election having been held
under and pursuant to the provisions of the charter of said city and an ordinance
duly passed on the 3rd day of February, 1949 calling said election, and
"WHEREAS, said election having been duly and regularly had and held as
called in said ordinance and according to law and the returns thereof having
been duly made and the election judges having certified the results of said elec-
tion as hereinafter set out and the City Council having duly and regularly can-
vassed the returns of said election and finding that the total votes cast at said
election were as follows, to -wit:
"For Mayor.
Taylor Gerber
E. D. Cleveland
Mayor
-
H. I. Davis
Councilman
J. A. (Jack) Ward
0. 0. Dorris
Councilman
Ervin Flowers
Robert Strickland
Councilman
F. W. Burke
J. A. Stroud
Councilman
C. Darwin Middleton City Manager
David Donoghue City Attorney
Edna Oliver City Clerk
Absent. Fahy Godfrey Councilman
Weldon H. Williams Councilman
The Mayor called the meeting to order. The returns of the city election
on April 5, 1949 were canvassed by the council.
The City Attorney presented the following resolution:
"RESOLUTION
"A RESOLUTION CANVASSING THE RETURNS OF THE REGULAR
MUNICIPAL ELECTION HELD WITHIN THE CITY OF BAYTOWN
ON THE 5TH DAY OF APRIL, A. D.'1949 FOR THE PURPOSE
OF ELECTING A MAYOR FROM CITY AT LARGE AND THREE (3)
COUNCILMEN FROM THE RESPECTIVE DISTRICTS NO. 2, 3,
AND 6 DECLARING THE RESULTS OF SAID ELECTION FINDING
THAT NOTICE OF SAID ELECTION WAS DULY AND PROPERLY
GIVEN AND THAT SAID ELECTION WAS DULY AND PROPERLY
HELD AND THE RETURNS THEREOF MADE BY THE PROPER OFFI-
CIALS IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS.
"WHEREAS, pursuant to Section 96, Article IX of the Charter of the City
of Baytown, the City Council of said city at a special meeting held on this the
13th day of April, 1949, proceeded as required by law to canvass the returns of
the regular municipal election held in the City of Baytown on the 5th day of
April, 1949 for the purpose of electing a Mayor at large and three (3) council-
men from the respective districts No. 2, 3, and 6, said election having been held
under and pursuant to the provisions of the charter of said city and an ordinance
duly passed on the 3rd day of February, 1949 calling said election, and
"WHEREAS, said election having been duly and regularly had and held as
called in said ordinance and according to law and the returns thereof having
been duly made and the election judges having certified the results of said elec-
tion as hereinafter set out and the City Council having duly and regularly can-
vassed the returns of said election and finding that the total votes cast at said
election were as follows, to -wit:
"For Mayor.
Taylor Gerber
44
Votes
Paul Dittman
48
"
J. A. (Jack) Ward
756
"
Ervin Flowers
132
"
F. W. Burke
24
"
J. B. (Ben) Marvick
14
"
H. G. Corneil
612
"For Councilman from District No. 2.
J. Bryan Stratton 711 Votes
Rufus B. Bergeron 735 "
Calvin H. Bonner 173
156
(2)
"For Councilman from District No. 3:
W. C. Williams 914 Votes
0. 0. Dorris 603 "
Louis Minard 104 "
"For Councilman from District No. 6:
R. H. (Red) Pruett 1602 Votes
"and, WHEREAS, the City Council of the City of Baytown finds the election
returns as set out above to be accurate and correct.
"NOW, THEREFORE, BE IT RESOLVED BY THF. CITY COUNCIL OF THE CITY OF BAYTOWN:
"Section 1; THAT W. C. Williams race! -ved a majority of the votes cast
at said election for the office of councilman from District No. 3 and accordingly
the said W. C. Williams is hereby declared elected to the office of councilman
from District No. 3 of the City of Baytown.
"Section 2: THAT R. H. (Red) Pruett received a majority of the votes
cast at said election for the office of councilman from District No. 6 and ac-
cordingly the said R. H. (Red) Pruett is hereby declared elected to the office
of councilman from District No. 6 of the City of Baytown.
"Section 3: THAT as shown above no candidate received a majority of the
votes cast at said election for the office of councilman from District No. 2
and accordingly it is necessary that a run -off election be held to elect a council-
man from said District No. 2 and it appearing that J. Bryan Stratton and Rufus
B. Bergeron are the names of the two candidates receiving the highest number of
votes at said election for the office of councilman from that district, it is
therefore ordered that a special run-off election be held for the purpose of
electing one of these candidates to said office.
"Section 4: THAT as shown above no candidate received a majority of the
votes cast at said election for the office of Mayor and accordingly it is necessary
that a run -off election be held to elect a Mayor from the City at large and it
appearing that J. A. (Jack) Ward and H. G. Corneil are the names of the two can-
didates receiving the highest number of votes at said election for the office of
Mayor, it is therefore ordered that a special run -off election be held for the
purpose of electing one of these candidates to said office.
"Section 5: THAT the city council of the City of Baytown further finds
that the notice of said election was duly and properly given as required by law
and as provided in the ordinance calling said election and that said election
was duly and regularly held and the returns thereof duly and regularly made by
the proper officials of said election, and in all things according to law.
"INTRODUCED, READ and PASSED by the affirmative vote of the majority of
the members of the City Council of the City of Baytown, this the 13th day of
April, 1949.
" /s/ E. D. Cleveland
Mayor
"ATTEST:
" /s/ Edna Oliver
"City Clerk."
Councilman Strickland moved to adopt the resolution as read. Councilman
Dorris seconded the motion. The roll call vote was as follows:
Roll Call- Ayes: Mayor Cleveland Nays: None
Councilman Davis
" D=ih
" Strickland
" Stroud
April 13, 1949
Ordinance Ordering Special Election
157
The City Attorney introduced and read an ordinance ordering a special
election to be held on the 30th day of April, 1949, for the purpose of electing
a councilman from district No. 2 and a mayor from-the city at large. Council-
man Dorris moved to adopt the ordinance as read. Councilman Davis seconded the
motion. The roll call vote was as follows,
Roll Calls Ayest Mayor Cleveland Nays: None
Councilman Davis
" Dorris
" Strickland - -
" Stroud
ORDINANCE N0. 47
AN ORDINANCE ORDERING A SPECIAL ELECTION TO BE HELD
ON THE 30th DAY OF APRIL, UU, FOR THE PURPOSE OF
ELECTING A COUNCILMAN FROM DISTRICT NO. 2 AND MAYOR
FROM CITY AT LARGE; PROVIDING FOR ELECTION OFFICERS,
DESIGNATING THE PIACES AND MANNER OF HOLDING SAID ELECTION,
PRESCRIBING THE HOURS AND PROVIDING FOR THE POSTING
AIM PUBLICATION OF NOTICE.
Oaths Administered to Councilmen by Mayor
Mayor Cleveland administered the oath of office to Councilmen W. C.
Williams and R. H. Pruett for the two ensuing years, as elected councilmen:
from districts numbers three (3) and six (6) respectively.
Councilman Pruett moved that the meeting adjourn. Councilman Davis
seconded the motion. The ayes were unanimous, and the mayor declared the
meeting adjourned.
ATTEST t
Edna Ol r, Ultyy Eller
l�