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HomeMy WebLinkAbout6195 4 I s RESOLUTION NO. 2 A RESOLUTION OF THE CITY OF SAN BERNARDINO PROVIDING FOR AND CALLING A SPECIAL ELECTION TO BE HELD IN THE FIFTH WARD OF THE CITY OF SAN BERNARDINO 3 ON TUESDAY, THE 6TH DAY OF FEBRUARY, 1962; SAID ELECTION TO BE CONSOLIDATED WITH THE SPECIAL ELECTION RELATING TO IOW RENT PUBLIC HOUSING TO BE HELD ON 4 THE SAME DATE, AND REPEALING RESOLUTION NO. 6138. 5 WHEREAS, at a general election held on the 14th day of April, 1959, 6 GEORGE C. BLAIR was duly and regularly elected as a member of the Common 7 Council in and for the Fifth Ward of the City of San Bernardino; and 8 WHEREAS, an original recall petition seeking the removal of the 9 incumbent, said George C. Blair, was filed in the office of the City Clerk on 10 the 6th day of October, 1961; and, subsequently, an amended recall petition E 11 was filed in the office of the City Clerk on the 26th day of October, 1961; and k 12 WHEREAS, the City Clerk's Certificate, dated the 6th day of November, 13 1961, declared the petition to be sufficient, and it was then necessary to 14 call an election in accordance with the provisions of the Charter of the 15 City of San Bernardino; and 16 WHEREAS, the Mayor and Common Council of the City of San Bernardino 17 ordered that a special election be called in the Fifth Ward of the City of 18 San Bernardino, to be held on Tuesday, the 12th day of December, 1961, for 19 the purpose of electing a member of the Common Council in and for the Fifth 20 Ward of the City of San Bernardino, as a successor of the person sought to be 21 removed, for the unexpired term of the said incumbent; and 22 WHEREAS, on November 28, 1961, in Department V of the Superior Court 23 of the County of San Bernardino, at 1:30 P. M. , a petition for Writ of Mandate 24 and Declaratory Relief, Superior Court Case No. 108228 was heard. 25 The Honorable Jesse W. Curtis, Judge of the Superior Court, County of 26 San Bernardino, Department V, ordered that said recall election be held within 27 the boundaries of the newly constituted Fifth Ward as established by 28 Ordinance No. 2390; and 29 WHEREAS, said special election shall be consolidated with the special 30 election relating to low rent public housing, to be held on the said date as 31 set forth in Resolution No. 6176. 32 '.i I ,Y BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF I> 2 SAN BERNARDINO THAT: 3 SECTION ONE: That a special election is hereby called in the Fifth 4 Ward of the City of San Bernardino, to be held on Tuesday, the 6th day of 5 February, 1962, for the purp)se of electing a member of the Common Council in 6 and for the Fifth Ward of the City of San Bernardino, as a successor of the 7 person sought to be removed, for the unexpired term of the said incumbent, said 8 special election to be consolidated with the special election relating to low 9 rent public housing to be held on said date. 10 SECTION TWO: The City Clerk is hereby instructed and authorized to 11 procure, prepare and distribute all necessary ballots and election supplies 12 for said election. 13 SECTION THREE: That the polls shall be opened at seven o'clock A. M. 14 of the day of said election, and shall be kept open until seven o'clock P. M. 15 of the same day, when the polls shall be closed, except as provided in 16 Section 14436 of the Elections Code. I 17 SECTION FOUR: The Mayor and Common Council shall meet on the 8th 18 day of February, 1962, at the hour of seven-thirty P. M. in the Council Chambers 19 in the City Hall of said City and proceed to canvass the election returns and 20 declare the results in the manner required by law. 21 SECTION FIVE: That said election is hereby called and will be held 22 in accordance with and under and pursuant to the Charter of said City, and in 23 accordance with the provisions of the Elections Code of the State of 24 California. 25 That the time provisions contained in Section 22836 of the Elections i 26 Code are inapplicable due to the time requirements of the City Charter. That 27 the candidates shall be nominated in accordance with said Section 22836, except 28 that all candidates shall be nominated not earlier than the 12th day of 29 December, 1961, and not later than five o'clock P. M. on the 20th day of 30 December, 1961, and shall pay the usual filing fee as set forth in 31 Ordinance No. 2048. 32 That all nomination papers shall be filed with the City Clerk not later than five o'clock P. M. on the 20th day of December, 1961. 2 - i 1 That absentee ballots will be issued not earlier than the 8th day 3' of January, 1962, and not later than the 30th day of January, 1962, in accordarjv�ig:. 3 with Section 14621 of the Elections Code of the State of California. 4 SECTION SIX: Resolution No. 6138 is hereby repealed. S SECTION SEVEN: The City Clerk shall certify to the passage and adop- tion of this Resolution and cause the same to be published for three consecutive 7 times in the San Bernardino Evening Telegram, a newspaper hereby designated for 8 that purpose, and that due publication of this resolution as herein provided is 9 hereby determined to be and shall constitute due notice of said election and 10 no other notice need be given. 11 I HEREBY CERTIFY that the total =mber of members of the Common 12 Council of the City of San Bernardino is five, and the foregoing Resolution was 13 duly p seed and adopted at a meeting duly called thereof, held on the �Af day 14 of , 1961, by the following vote, to wit: 1S AYES: Councilmen 16 17 NOES: Ate. ABSENT: 18 19 City Clerk 21 The foregoing Resolution is hereby approved this _1l� day of 22 1961. 23 24 25 64vyon±of 4thAfity of San Bernardino 26 27 Approved as to form: 28 O Z9 City AttqFney 30 31 � � 32 DEC 12 0961 Gil, 3 -