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HomeMy WebLinkAboutCC RES 323 RESOLUTION NO. 323 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN CALLING SPECIAL MUNICIPAL ELECTIONS FOR DECEMBER 16, 1952, TO DETERMINE WHETHER OR NOT THE VOTERS WILL RECALL CITY CLERK SAMUEL C. PENINGTON, AND TO ELECT ONE COUNCIL- MAN TO FILL THE VACANCY IN THE CITY COUNCIL CREATED BY THE RECALL OF COUNCILMAN J. ROY TETER, CONSOLIDATING VOTING PRECINCTS, AND DESIGNATING ELECTION OFFICERS FOR SAID ELECTION. The City Council of the City of Tustin does resolve as follows: WHEREAS, pursuant to the laws of the State of Calif- ornia ~elating to municipalities of the Sixth Class, the City Council of the City of Tustin has been presented with duly signed petitions asking fo~ the recall of Councilman William H. (Bill) Gray and City Clerk Samuel O. Pentngton, said petitions having boen examined by Arthur 0. Park, Doputy City Clerk, specially appointed to examine said petitions, and the same having been found to contain the signatures of not less th~n seventy-seven (77) and seventy-fou~ (7~) registered voters re- spectively in the City of Tustin, said amount being more' than the amount necessary to qualify said petitions fo~ submission to the votors of gho City of Tusgin ag a specis1 election, and the Superior Court of the State of California in and for the County of Orange having heretofore issued its ~¥rit of Mandate , o~dering and directing the City Council to order and fix a date i"or t.~e election to determine whether or not said offi- cials will be. recalled from office; and IIYHER~S, the said ~illiam H. (Bill) Gray has here- tofo~e presented in writing his resignation f~om the City Coun- cil of tho Ci'~ of Tusttn, which said ~'esignation has been duly accepted by the City Council of the City of Tustin on November 10, 19.~2, prior to the introduction of this resolution; and WHERF~S, the question of whether or not the voters will recall said. William H. (Bill) Oray as Councilman has boon resolved by the resignation of said ~illiam H. (Bill) Gray in that he is no longer a public official of the City of Tustin; · and W~tEREAS, a~'a special municipal election held on the 218 ~th day of November, 19~, Councilman J. Roy Teter was recalled by the voters of the City of Tustin and said voters designated by ballot that said vacancy thereby created in the City Court- cil should be filled by a special election. NOW, THEREFORE, BE IT RESOLVED: Section 1'. That a special municipal election be held in the City of Tustin on Tuesday the 16th day of December, 19~2, for the purpose of determining whether the voters of the City of Tustin will recall City Clerk Samuel C. Penington. Section 2. That a special election be held in the City of Tustin on Tuesday the 16th day of December, 1952, to elect a City Councilman to fill the vacancy created On the City Council for the City of Tustin by the recall of Councilman J. Roy Teter. Section ~. That there shall be one consolidated elec- tion and voting precinct for the purpose of holding said oleo- tions, consisting of a consolidation of the two regular election precincts in said City established fo~ holding State and County elections, to wit: Tustin Number "l and Tustin Number 2 Precincts, which said consolidated p~ecincts shall be known as "Precinct and the boundry line of said consolidated precinct shall be the present existing boundry lines of the City of Tustin, Orange County, California. That the polling place of said consolidated Precinct A shall be in the City Hall of the City of Tus~in, 14~ Nest Third Street in said City, and the polls shall be open be- tween the hours of 7:00 o'clock A. I~. and 7:00 o'clock P. M. of sai d ' d ay.. Section 4. That the following persons, residents and qualified electors in the ~ity of Tustin are hereby designated and appointed to act as the election officers at said elections, to wit: Inspector: Hilda Riehl Judge: Vera M. Hawkins Clerk: Vera Comer Clerk: l~artha Linke~ 'and the salaries of said election office~s fo~ the purpose of said election are hereby fixed in the sum of ~'~9.00 per day each. Section ~. That the election to determine whethe~ or 219 not City Clerk Samuel C. Penington shall be recalled shall be held in accordance with the general election laws of the State of California insofar as the same' shall have been made appli- cable to recall elections in~ municipalities of the Sixth Class. There shall be printed on the ballot the following questions: "Shall Samuel C. Penington be recalled from the office of City Clerk of the City of Tustin?" YES NO "If the recall prevails shall the City Council of the City of Tustin fill the vac~rtcy or vacancies by appointment, or call a special election for that purpose?" The votes cast in the Special Recall Election shall be canvassed on the Monday immediately following the date of election, to wit, December 22, 1952, and if it appears that a majority of those voting in the election voted in favor of the recall of the incumbent Samuel ~. Penington as City Clerk, the incumbent shall be deemed removed from office, and in the event of a tie, said recall shall be deemed to have failed to pass. Section 6. That the election to fill the vacancy now existing in the City Council shall be held in accordance with the general election laws of the State of California, and · there sha~l be a separate ballot for the purpose of electing a City Councilman to fill the vacanc~ now existing in t he City Council. The candidate receiving the highest number of votes sh~all be deemed elected a City Councilman to fill the vacancy on said City Council caused by the recall of Council- man J. Roy Teter. The votes cast in the election to fill the said va- cancy on the City Council shall be canvassed on the first Tuesday immediately following the date of election, to-wit, December 23, 1952, by the City Council of the City of Tustin. Section 7. That Arthur O. Park as Deputy City Clerk of the City of Tustin is hereby directed and required to give notice of said elextions as required by law, not earlier than the sixtieth day, nor later than the thirty- first day before said election, by postingin at least three 220 public places in the City of Tustin, to wit: in the front of the Tustin City Hall, in the f~ont of the United States Post Office, and in the First National Bank of the City of Tusttn. Section 8. That Arthu~ O. Park as Deputy City Clerk of the City of Tustin is directed to ~eceive nomination papers proposing candidates to fill the vacancy on the City Council until ~nd including the 2%th day of November, 1952. PASSED AND ADOPTED by the City Council of the City of Tustin at a ~egular adjourned meeting held on the 10th day of November, 1952. STATE OF CALIFORNIA) COUNTY OF ORAN GE ) ss. CITY OF TUSTIN ) SAMUEL C. pENINGTON, City Clerk, and ex-officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of members of the City Council of the City of Tustin is five; that there were at the time of the p~ssage of this Resolution two vacancies existing on said City Council; that the foregoing Resolution was passed and adopted by a majority of the said City Council at a regular adjourned meeting thereof held on the 10th day of November, 1952. AYES: Councilmen: Bacon, Miller, Humeston. NOES: Councilmen: None ABSENT: COuncilmen None ~- City -clerk 0~ the City of Tustin, Calif.