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1959-05-05 - Regular City Council
25 Stephenville, Texas; May 5, 1959- The City Council met in regular session on the above date with Msy or Evans; presiding and the following aldermen present: Virgil Dickerson, Marvin Ratliff, Chas. Riggins, Walter Brandon, Albert Graves, Van E. Allen, Scott D. Reed and Dean Murray. Others present were Water Supt. Gann, Chief Cornell and City Atty. Chandler. Minutes of previous meetings were read and approved. Mayor Evans called for nominations for Mayor Pro -Tem. The following nomin- ations were made: Chas. Riggins and Scott D. Reed. Ballots were cast and nominees received the following votes: Chas. Riggins 3. Scott D. Reed 5. It was moved by Alderman Riggins, seconded by Alderman Dickerson, to declare Scott D. Reed Mayor Pro -Tem. Motion carried. alderman Reed reported the Water Department had hired Floyd Stephens and his salary should be set. After discussion., it was moved by Alderman Brandon, sec- 4" onded by Alderman Dickerson, to pay Floyd Stephens a salary of $210.00 per month, and to raise this amount to $235.00 per month at the end of a six months period if his work proves satisfactory. Motion carried. Alderman Reed reported the need to have the planter box at City Hall planted. After discussion, this was referred to the City Secretary for handling. Mr. Art Anderson, Manager of Gulf States Telephone Co., appeared before the Council to report his company is interested in buying a tract 150 ft. x 150 ft. of Lot 6, Block 12 "Shappard & Collins Addition. After discussion, it was moved by Alderman Dickersgn, seconded b Alderman Ratliff, to sell the above described lot to the Telephone Company for 450oOO. Motion carried. Mr. Perkins appeared before the Council to report that due to new regula- tions set out by the F. C, C. the present radio equipment used by the City will not meet the requirements. It was suggested and agreed to refer this to the Law & Order Committee. .Alderman Graves reported several complaints of persons keeping cows and chickens in the City. No action taken. It was agreed to check with at least three other cities and find if they have ordinances prohibiting the keeping of cows and chickens within their city limits. It was moved by Alderman Reed, seconded by Alderman Dickerson, that an ordinance be adopted-accepting bids for construction of airport fac1lities; awarding a contract "pursuant "thereto; authorizing the issuance of S venty- Five Thousand ($75,000.00) Dollars of City of Stephenville Airport Warrants, Series 1959 ;. levying a tax to pay the principal and interest thereof; provid- ing for the method of the execution, issuance and delivery thereof; and or- daining other matters relating to the subject. Motion carried unanimously. (Said ordinance being attached to and becoming a part of these minutes). Discussed at this time was the land on the Lingleville Road; which was solid to Erath County. This land is not going to be used by the County as' planned and the City wants this back._ City Attorney Chandler advised if the deed to this property had been placed on record it would be necessary to file suit to acquire this property. The Council asked the City Secretary to check and see if this deed had been placed on record. Alderman Murray reported the need for a firing range in order that mem- bers "of the Police Department could get regular practice. This was referred to the Law & Order Committee. It was moved by Alderman Dickerson, seconded by Alderman Brandon, to pass a resolution accepting a Grant Offer and authorizing the execution of the Grant Agreement to be submitted to the Administrator of Federal Aviation Agency to obtain Federal Aid in the development of Stephenville Municipal Airport. RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF STEPHENVILLE, TEXAS: Sec. 1. That the City of Stephenville, Texas, shall enter into Grant Agreement for the purpose of obtaining Federal Aid in the development of the Stephenville Municipal Airport and that such agreement shall be as set forth hereinbelow. See. 2. That J. Louis Evans, Mayor, is hereby authorized and directed to execute said Grant Agreement in five copies on behalf of the City of Stephen- ville, Texas, and the Secretary is hereby authorized and directed to impress the official seal of the City of Stephenville, Texas, and to attest said exe- cution. The motion was carried. (Said Grant Agreement referred to hereinabove shall be attached to and becoming a part of these minutes). RIO Discussed at this time was the proposed channel on the Bosque River. No ac- tion taken. It was moved by Alderman Dickerson, seconded by Alderman Graves, that in the future only one man and one Firetruck will leave the City to fight rural fires. Whenever possible this to be the Ford Booster Truck. Motion carried. EQUALIZATION BOARD. On this the 5th day of May, 1959, the City Council of the City of Stephen- ville, Texas, met in a regular meeting with the following members present: Virgil Dickerson, Marvin Ratliff, Chas. Higgins, Walter Brandon, Albert Graves, Van E. Allen, Scott D. Reed and Dean Murray, and the above named constituted a majority and a quorum of the present City Council, and the meeting was called to order by the Mayor and thereupon the following proceedings were had- It was agreed, by vote of the Council, that members of the City Council be appointed as members of the Equalization Board of the City of Stephenville for the year 1959, and the question being called for a vote was taken and the said City Council members were elected by a uaAnimous vote as members of said Board of`Equal- i¢ation and thereupon it was moved by Alderman Brandon that the following ordin- ance be enacted by the City Council of the City of Stephenville, to -wit: BE IT ORDAINED BY THE CITY COURCIL OF THE CITY OF STEPHENVILLE, TEXAS: Sec. 1. That the Board of Equalization, heretofore on this day appointed by the City Council of the City of Stephenville, proceed to perform their duties according to law, and the date of the first meeting of said Board of Equalizm- tion is hereby fixed on the 18th, 19th and 20th days of May, 1959, at which time said Board of Equalization shall hold forth in its first meeting in the City Hall in the City of Stephenville, Texas. Sec. 2. That this Board may have such other meetings as are provided by law and as may be required by lawfully performance of their duties as such Board. Sec. 3. That this ordinance be in effect from and after its passage. The motion to pass said ordinance was seconded by Alderman Graves, and after discussion, the question was called for and a vote taken and the foreggoing ordin- arice'was passed by a majority vote of said City Council and e vote,/being 5 for and 3 against. �� ATTEST: Mayor. ty Secretaryo It was moved by Alderman Ratliff, seconded by Alderman Dickerson, that the City advertise for bids on lease of-the old City Dump Grounds by the year. Motion carried. . It was moved by Alderman Reed, seconded by Alderman Brandon, that beginning r with the May reading through September reading, a 5000 gallon minimum at the reg- ular rate of $2.50, plus sewer charge of $1.00, be allowed water customers in the City Limits only, and the above rates be subject to immediate change by action of the City Council. Motion carried. It was moved by Alderman Reed, seconded by Alderman Brandon, to transfer $500.00 to the Park Fund from the General Fund. Motion carried. It was moved by Alderman Riggins, seconded by Alderman Brandon, that bills and accounts be allowed and ordered paid. Motion carried. There being no other business at this date, the Council sto d adjgrarned sub- ject to the Mayor's call. U/ / ATTEST: Mayor. ity SeEretary. THE STATE OF TEXAS COON OF ERATH s MY OF STEPHENYIIIE On this the 5th day of May , 1959.1 the City Council of the City of Stephenville, Texas, convened in Regular Meeting, at the regular meeting place, with the following members present, to- wit: J. Louis Evans, mayor, Scott A. Reed, Virgil Dickerson, Dean Murray, Van E Allen, Aldermen. Walter Brandon.. Charles Riggins., ; Marvin Ratliff.. Albert L. Graves,, Rex H. Cates City Secretary... and with the following absent: None f constituting a quorum of the City Council, at which time the following proceedings were had: Alderman Reed introduced an ordinance and made a motion that it be passed. The motion was seconded by Alderman, Dickerson The motion carrying with it the passage of the ordinance prevailed by the following vote: Murray AYES: Aldermen Reed, Dickerson, vt�, Allen, Brandon, Riggins, Ratliff and Graves and Mayor Evans, NOES. None. The ordinance is as follows: AN 01WIMUCE ACCEPTING BID FM Ta CONSTRUMoN OF AIRPORT FACIL `CTES,' AWARDING A CONTRACT PURSUANT MM. WHEREAS., heretofore, the City Council of the City of Stephen- ville, Texas, determined the necessity for the construction of Airport faci- lities and directed the City Secretary to publish notice to bidders for such work, which notice has been published in a newspaper of general circulation within the City; and WHEREAS, the Mayor has pursuant to the provisions of Chapter 153, Acts of the Regular Session of theForty Second Legislature, give notice to bidders, which notice is in words and figures as follows: #ADVER=S8 FOR BIDS Runway, Taxiway, Apron, Auto Parking and Fencing Project Municipal Airport Stephenville$ Texas CAA Project Bo., FAA 9.4i-o56-5901 Sealed proposals addressed to the Honorable Mayor and Aldermen, Stephenville, Texas, will be received at the office of the City Secretary until 1:30 P. Moo March 27, 1959, for the furnishing of all materials, equip- meat, labor, plant, superintendence and incidentals required for the construe Lion of a paved runway, taxiway, apron, auto parking area, and wind cone assembly, at the Municipal Airport, Stephenville, Texas. Bids win be pub- licly opened and read aloud at 200 P. M. on the same date, The major items of work under this contract are approximately as ,follows• Lump Sum - Clearing and Grubbing 94,290 C. Y. + Unclassified Excavation 7:509 C. Y. - Compacted .Base Course 25,000 Gal. - Bituminous. Material 705 C-> Y. Surface Treatment Aggregate 15#500 L. F. - Class "A'* Fencing 1 Ea. - Cattle Guard 210 L. _ V. » Electrical 'U. G. Duct 1 Ea » 12't Wind Cone Assembly Bidders must submit s certified check or a proposal bond in the amount of 10% of the maximums bid as a- guarantee that the bidders will enter into a contract and execute a 100% performance bond and guaranty forms within ten (10) days after notice of award of contract. Bids not accompanied by check or bond, as above provided, will not be considered. Not less than the prevailing rate of per diem wages for work of similar character in the City of Stephenville and County of wrath, and not less than the general prevailing rate of per diem wages for legal holm days,, Saturdays, Sundays, and overtime Work shall be paid to all °laborers workmen and mechanics employed in said City and County on the above project. Size City Conancil of the City of Stephenville has ascertained and here specifies such general prevailing rate of per diem wages in said City and County to be as follows; Classification Rate par Haar Carpenters, rough U65 tP helpers rough. 1.25 Concrete Finisher (structures) 1650 helper (strut.) 1.25 ,. rubber 1.50 Form builder ( structures) 1,75 helper (structures) 1,50 Form setter (paving and curb) 1,75 helper (paving and curb) 1,25 (structures) 1.75 ` '" Helpers (structures) 1.25 Laborers. Air tool man 11010 Asphalt Heatermau 1.10 Asphalt raker, 1.25 Asphalt Shoveler 1,20 Satrhing plant soalemen 1050 Batter board setter 1150 i,aborers, unskilled 1000 Pipelayer (concrete and clay)' 12°j Pin layer 1900 Powdermen 1.75 _ It helper 1.50 Spreader box man 1:25 Weighwan (truck scales) 1..55 Vibrator hand type) 1.10 Manhole 'builder, brick. 1.50 Painters, structures' 145 Power Equipment Operators: Asphalt Distributor 1.50 Asphalt paving machine 1.875 Bulldozers over 80. ]HP 1.75 80 RP and less 1.5a Concrete paving finishing machine 1.88 It gang vibrator 1.75 " ' longitudinal. float 1.875 save' 2-36 Crazies, Clamshell, backhoe derrick, dragline, sh+sv,l ss than 1 c.y+ 2.75 Cranes, clamshell,'backhoe.. derrick$ draglim.. shovel (over 1 c.y) 2.00 Crusher and screening plant operator 1.50 Foundation drill'operator (truck mounted) 2.00 Front end loader ¢I c.y. and less) 1.375 (over l c.y.) 1.75 mechanic 1.75 Mechanic helper 1.25 Mixer over 16 C, V.) 1.65 116 C. F, and less) 1.25 Motor grader 2.00 Oiler 1.25 Roller Steel wheel (plant mix) 1.80 (Other) 1.50 " pneumatic S. P- 1.25 Scrapers (over 7 C. X.} 1.75 Tractor (crawler type} 80 HP and less 1.25 u tt u, over 80 HP 1.75 Pneumatic 80 W and less 1.75 u over 80 up 1.75 Traveling plant stab' 31 1.50 Wagon Drill 1,50 Reinforcing steel setter (structure) 1.50 w 0 u helpers 1110 Steel workers (structures) 240 Truck Drivers., single axle light 1.00 " v " heavy 1.25 tandem axle and semi - trailer 1025" '� tb lowboy , 1.25 transit -mix 1"25 u winch 145 Welder 1 *75 helper 1625 Sundays, legal holidays, and overtime work shall be paid at the rate of 150% of the rates above stated. It is the intention of the City Council to issue the time warrants of the City of Stephenville for payment of a part of the contract. The maximum amount of time warrant indebtedness to be incurred for said purpose shall be ;75,000.00, the rate of interest such time warrants are to bear is 4"3/4% per annum, and the maximum maturity date thereof shall be December 30, 1978, The City has obtained a commitment from an investment COEPMY for the purchase of said warrants, so that said warrants shall be delivered to the contractor on approved estimates with the stipulation that the Contractor will immediately deliver said warrants to said Invest- ment, company and receive in cash the par value therefor: Contract documents may be examined or obtained at the office of the City Secretary, Stephenville, Texas. Plans and specifications may be obtained upon deposit of twenty dollars (20.00), which will be re- funded provided the plans and specifications are returned to the City Secretary not later than five (5) days after the date the bids are 'reeeiv- ed The City Of Stephenville ,reserves the right to reflect any and all bids and to waive. , any formality. CITY OF STMHIMna, TEXAS BY Rex H. Cates, City Secretary." W AS, said notice was published in the "Stephenville Daily &Pplre ", a newspaper published within the 'City of Stephenville, Texas, in its issues of "March ll 1959. and March 18, 1959; and 4ik1T;.? s, no petition was filed by the property taxpaying voters of the City asking for a referendum on the question of issuing bvndsy and TTFZECW2 on March a70 19597 the day set in said notice, the Cit; Council of the City of Stephenville, Texas, opened and read the bids filed' pursuant to said notice; and WH'E FAS,g after opening said bids, the City Counci3:oP the ;City Of Stephenville, Te as, found that the bid Piled by Douglas A. Lott, Fort Worth$ Texas, is the lowest and best bid filed and that said'Dowlas A. Lott is the lowest responsible bidder; and WMM=0 a portion of the construction Costs is to be paid by the United States Government; TEMMOR i BE IT C3MINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLEa TEi�AS< 1. That the bid of Doubles A. Lott, Fort North, 'Texas, be and the same is hereby accepted by the City of Stephenville, Texas, 2. That a contract be executed between this City and said Douglas A. Lott in substantially the following form. CONT134.CT THE STATE OF TEAS COUNTY OF ZMTH This agreement made this the day of , 1959r.by and,betweer the City of Stephenville.* hereinafter called,the A1 and Douglas A. Lott,. Fort Worth,; Texas, his executors, administrators, 'heirs, successors or assigns, hereinafter called the CONMCTOR WHERMS, the Owner desires to enter into this contract for the furnishing of all materials, equipment, Labor, plant, superintendence and incidentals re- quired for the construction of a paved runway, taxiway, apron, auto parking area, and wind cone assembly, at the MunIcipal Airport, Stephenville., Texas, in strict accordance with the specifications, schedules, drawings, advertise- went for bids, proposal, ,and plans all of which are made a part hereof;, and Wlia 9, the Contractor has been engaged in and now does such work and repre- sents that he is fully equipped, competent, and capable of performing the:,abovi desired and outlined work, and is ready and willing to perform such work in accordance with the provisions of the specifications, advertisement forbids, and proposal, and plans. WITMWBTH* That for and in consideration of the prices and agreement men- tioned in the proposal hereto attached and made part of this contract, the said Contractor agrees to do, at his own proper cost and expense, all the work necessary for the furnishing of all materials$ equipment, labor, plants superintendence and indidentals required for the construction of a paved run way, taxiway, apron, auto parking area,# and wind cone assembly, at the Munici- pal, Airport$ Stephenville, Texas, in'accordance irith'the provisions of the specifications, advertisement for bids, proposal, "and plans, and in full com- pliance with all the terms of the specifications and the requirements of the Owner or his authorized representatives. ' The said Contractor further agrees to begin work on or before the 19th day following the date set by the Bngineer in the written notice to proceed, and to complete same in Ninety (90) working Clays. And said Owner, in consideration of the full and true performance of the sai at arms afA. N DATES I to 10, both incl., Jove 1,* 1974 10,000.00 n to 15, " June Is, 1975 5,000000 16 to 35, " " June 10 1976 20,000.00 36 to 33,, Juan 1j, 1977 20J'000.00 56 to 75, " `" June 1, 1978 200,000.00 5. Said Warrants shall bear interest at the rate of Four and !l=e »Fourths (4-3/4 %) per cent per onnum, evidenced by coupons payable December I, 1959, and semi - annually thereafter on June I and December 1 of each year. 60 2bat the principal of and interest on said Warrants shall be payable at the Farmers -First national Bank, Stephenville, ',texas, without exchange or collection charges to the owner or holder thereof. 7, Said Warrants shall be signed by the Wor and counter- signed by the City Secretary, and the seal of the City shall be inpressed i upon each of them, 2be facsimile signatures of the MAyor and City Secretary may, be lithographed . or printed on the coupons attached to each of said Warrants, 1� 8 The Warrants shall be in substantially the following form 1,000.00 MaUp STATBS OF At CA 1. STAVA, or gaw The City of Stephenville, in the County of Sratho State of Texas, for value received, is justly indebted to Douglas A. Lott, or bearer, on the 1st day of June, 19_., the principal, sum of QIM THMAD i?@UAAS in lawful money of the united States of America, together with interest there- on from date hereof until paid, at the rate of Four and ".three - Fourths per cent per annum, evidenced by coupons payable December 1, 1959, and semi - annually thereafter on June 1 and December 1 of each year, and the full faith said credit of the said city is hereby irrevocab]y pledged to the proapt payment of this Warrant and the annexed coupons, and the City Treasurer Is authorized, ordered and directed to pay to bearer the principal rum together with interest thereon, evidenced by coupons attached hereto, principaa and interest payable at the Farmers -First National Bank, Stephenville, Texas, upon presentation and surrender of warrant or proper couWn. This warrant is one of a series of Seventy Five (73) warrants, :cumbered consecutively from One (1) to Seventy Five (75)a both inclusive, of the denomination of one Thousand ($1,000.00) Dollars each, aggregating the sum of seventy Five Thousand ($75,000.00) ears, issued for the purpose of evidencing the indebtedness of said City of Stephenville, Texas, to Douglas A. Lott, or bearer, for the construction of Airport facilities, under and by virtue of the Constitution and laws of the State of Texas, including the pro- visions of Chapter 163, Acts of the Regular session of the Forty Second Legis- lature, and pursuant to an ordinance passed by the City Council of the City of Stephenville, Texas, which ordinance is duly of record in the minutes of said City Council of the City of Stephenville, Texas. The date of this warrant in conformity with the ordinance above mentioned is J'mne 1, 1959. AND IT IS HEREBY CWTIFIBD AND RECITED that all acts, condi- tions and things required to be done precedent to and in the issuance of this warrant and the series of which it is a part, have been properly done, have happened and been performed in regular and due time, form and manner as required by law; that the City of Stephenville has received full value for this warrant; that the total indebtedness of said City, including this warrant, does not exceed any constitutional or statutory limitations; that a sufficient tax to pay the principal of and interest on this warrant and the entire series of which this is one has been levied for said purpose and will continue to be annually levied, assessed and collected, while said warrants or any of them are outstanding. IN WITNESS WHF. the City of Stephenville, Texas, has caused its corporate seal, to be affixed hereto and this warrant to be signed by the X yor and countersigned by the City Secretary, and the interest coupons hereto attached to be executed by the lithographed or printed facsimile signatures of the Mayor and City Secretary as of the 1st day of June, 1959• X ,'Yv:, C0i3N'iMIGNHD: City Secretary, City of Stephenville,' xas. 9. The form of interest coupon shall be,substantially as follows; ON THE lug' DAY OF r 19 The City Treasurer of the City of Stephenville, Texas, will I pay to bearer at the Farmers -First National Sank, Stephenville, Texas, the sum of 4 ) Dollarso being months' interest clue on "City of Stephenville Airport Time Warrants., Series 1959", dated June 1, 1959, to which this coupon is attached, and is a part thereof. No. City Secretary. mayor* 10. The form of the endorsement on the reverse side of each of said warrants shall be substantially as followst ENDORSE MM IS TD COTCBY that Douglas A. Lott, Contractor, received the within warrant and coupons annexed thereto from the officials of the City of Stephenville.. and for value received, hereby transfers, sells, and delivers said warrant and interest coupons attached to bearer without recourse, and the said bearer is hereby subrogated to all claims/ rights and title held by the undersigned by virtue of said warrants, the contract for which they were issued, or the work done by the undersigned for said City and the bearer is authorized to collect saw and to give full acquittance therefor. BY 11. That a special fund to be designated "City of Stephenville Airport Time Warrants, Series 1959 Fund ", is hereby created and the proceeds from all taxes collected for and on account of this series of warrants shall be credited to said fund for the purpose, of paying the interest as it accrues and to provide a sinking fund for the purpose of paying each install= of principal as it becomes due, and said fund shall be used for no other purpose. For each year while any of said warrants or interest thereon are unpaid, there shall be computed and ascertained, at the time other taxes are levied, the rate of tax based on the latest approved: rolls of said City as will be requisite and sufficient to make, raise and produce in each of said years a fund to pay the interest as it accrues and to pay the principal as it matures, or to provide at least two (2%) per cent of the principal as a sinking fund, whichever is greater, full allowance being made for delinquen- cies and costs of collection. A tax at the rate as hereinabove determined is ordered to be levied and is hereby levied against all of the taxable property In said City for the current year and for each year hereafter while said warrant or any of them are outstanding and unpaid, the said tax each year shall be assessed and collected and placed in the Fund hereby created and the Treasurer shall honor warrants against said Fund for the purpose of paying the interest or and principal of said warrants and for no other purpose. 12. After said Warrants shall have been executed as herein- above providedy they shall be held in the custody of the City wecretary to be delivered only at such times and in such amounts as hereifEtsre° directed by the City Council of the City of Stephenville, Texas. PASSED AD APPROVED this the 5th day of May , 19591 yor, ¢i y of Stephenville., Texas. cre s_ c y Me ":r, ' Texas. TO STA'SS TRiiAS Comm of RRA`IH f CITY OF S'1'FE1iRN nIZ T, the uudersigmed, City Secretary of the City of Stephenvillep Texas, do hereby certify that the above and foregoing is a true, full and correct copy of an ordinance passed by the City Council of the City of Stephenville, Texas, (and of the minutes pertaining thereto) accepting bid for the construction of Airport facilities; awarding a contract pursuant thereto; authorizing the issuance of $75,000.00 of City of Stephenville Airport Time Warrants, Series 1959.. levy? ng a tax to pay the principal and interest thereof; providing for the method of the execution, issuance and delivery thereof; and ordaining other matters relating to the subject, and that the same is duly of record in the minutes of said City Council of the City of Stephenville, Texas. MMCUZM MER MY HAMD and seal of said City, this the 5th day of May , 1959• cret ry, ciTy or ste Hin":ille, Texas. (SEAL) 11 .y ..� FE a" p § A1942 —Oaths for Conductin0 Election (Rev. 9.57) OATH OF OFFICERS OF ELECTION. Art. 8.01, Texas Election Code. Before opening the polls, the presiding judge of election and each of the other judges and clerks shall repeat in an audible voice: "I solemnly swear that I will not in any manner request or seek to persuade or induce any voter to vote for or against any candidate or candidates, or for or against any proposition to be voted on; and that I will faithfully perform this day my duty as officer of the election, and guard, as far as I am able, the purity of the ballot box. So help me God." �e Y d V A (I V r` $ OATH OF JUDGES AND /OR PERSON SELECTED BY VOTER TO ASSIST VOTER. Art. 8.13, Texas Elec- tion Code. "I solemnly swear that I will not suggest, by word or sign or gesture, how the voter shall vote; I will confine my assistance to answering his questions, to stating propositions to be voted on and to naming candi- dates and the political parties to which they belong; I will prepare his ballot as the voter himself shall direct; and I will not use any other than the English language in aiding the voter." Sworn to and subscribed before me this `" _ day of v —,A. D. 19�_J( . i ��� ,r ii �_ f / Presiding Judge OATH OF SUPERVISOR. Art. 3.05, Texas Election Code. "I solemnly swear that I will, as supervisor, mention and note any errors I may see in testing or count- ing the votes or making out the returns, and that I will well and truly discharge my duties as supervisor impartially and will report in writing all violations of the law and irregularities that I may observe to the Commissioners' Court and, if I deem it desirable, to the next Grand Jury." Sworn to and subscribed before me this — day of _J [ A. D. 19" Presiding e$ A2069— RETURNS OF CITY OFFICER ELECTION (per. 1.52) The Stock Co., Austin Election Returns For City Officers' Election THE STATE OF TEXAS $N CITY OF TO THE CITY COUNCIL — COMMISSION, OF THE CITY OF `t< t'' ,TEXAS: We, the undersigned officers, holding an election in Election Precinct No at V '` Building, in said City on the day of'' �•• ` , 19� for the purpose of electing the hereinafter named officials, do hereby certify that at said.electlon only resident qualified voters of said city were permitted to vote, and that there were votes cast, and that said respective candidates each received the following number of votes, to -wit: FOR MAYOR2 NAME OF CANDIDATE TOTAL NUMBER OF VOTES RECEIVED NAME OF CANDIDATE FOR ALDERMAN /COMMISSIONER, TOTAL NUMBER OF VOTES RECEIVED _ 30 � aj� FOR NAME OF CANDIDATE TOTAL NUMBER OF VOTES RECEIVED WIG NAME OF CANDIDATE FOR NAME OF CANDIDATE TOTAL NUMBER OF VOTES RECEIVED FOR NAME OF CANDIDATE TOTAL NUMBER OF VOTES RECEIVED We herewith enclose poll list and tally sheets of said election. 41 P q� WITNESS OUR HANDS this the day of Pr" — id1 Judge Judge Clerk Clerk 'Strike one not applicable. 'Strike if not applicable.- ..,._. _... _. _...__....... .. it POLL LIST L' J OF A 'R ELE( f, HELD ON THE r 0. '/" - DAY OF At ;',�.r,'_,� • " °l,A� _._' , Election �4 l� (See back of this Poll List for election code Art: THE STATE OF TEXAS, County of _ 1 ----------------------------------- ------ I, the undersign POLL LIST OF A Held at Precinct No. at ?L_L_ , __________� ---- � - - -�- day of = �------ - - - - -- A. D. 19.a_� with —40"L" �!_E- "--= =' - =�. -_ --- �t r 4 � �,.. ,�r� and ° k ----- -- j - � °` - =- --------------- arut - -- - -- - -- - - -- and .. �, - — - - - - -- and - -- -- - -- -- -- - - - - -- and-- Fd --+' -� ---- 'y - - - - -- _- - - - -"_ = -�''- -------------------- - - - - -- and --------------- - - - -- Clerks of said Election, were severally sworn, as the law directs, previ of their respective offices. Art. 8.11, Texas Election Code, in part provides that "each voter sha without the number being known or written down in any manner by on the poll list being only for the purpose of ascertaining the total m NUMBERS AND NAMES OF VO' No. NAME No. 1 i'I'lI. l--�y- (! , 26 l , 2 i ) UU 'A 1 -n`1r E 27 .. 4 i ��))- 1 FBI �A ��.�,�cJ 11�, 29 ,—De 6 31 7� ��,' (t',i' 32 %fit 8 J ' ,i . ) 'r isi 9 l.'" 34 jam' 1t 10 /f, '� C .; :. � rill hdt� 35 11 36 12 �t r, . 37 13 38 jkk 14 39 15� � , r7 ,'? , i- 40 L 16 `."'`r -I (l 1) .` ;+r ; _1 f � /? � f'1.l 41 G() . NUMBERS AND NAMES OF VOTERS No. NAME No. NAME 6 1 - 'WW2 91 1,T04, 92 53 9 3 54 lvl, " , " 94 ka, �.A 6, J 55 I0 95 56 57 97 7 Ot 58 98] 959 i 60 d6l 0 100 (?r yq I a1A 101 62 jj, ,\j 102 63 103 64 104 65 105 66 106 67 107 'Y 68 108 1,J n"I 60 109f 70 1101 71 111 y 72 112 113 '4 1114 75 115 ?6 116 A 4 77 117 ti 78 118 4�.,) 66 , �L - " 79 119 80 Y)C\ A 120 1 81 121 82 T A-I y 122 83 129 -k 4- 84 V, 124 ... . ;, 85 5 P, 125 86 126 87 87 127 88 8 pp 128 89 129 90 i1f e, 130 NUMBERS AND NAMES OF VOTERS No., NAME No. NAME 131 25.L 171 132 U"i 172 133 c'?' S`' 173 J�" 6?� 134 174 135 175 136 , J 176 2:�ezJ4 137 177 ew, .133 178 139 N 179 il 140 ';' : ' 180 141 181 142 182 143 183 144 184 145 185 146 186 P') 147 187 148 188 149 189 150 ligo 151 1191 Z�i'e 17 152 192 153 193 154 1 94 155 195 156 Or' t' L 196 ....... 157 1 97 158 198 1 59 199 160 200 161 r 201 162 r. 202 41 163 (1 203 164 204 165 1205 p q'�" 166 g) 1206 167 207 41 . . . .. .... , 168 208 169 09 2 eq 170 210 NUMBERS AND NAMES OF VOTERS No. NAME No. NAME 211 251 ll 4,h 1212 w. 252 j" 213 253 214 54 2 215 1255 216 256 217 �-Y 257 218 258 219 259 220 r 260 t,, 221 7, 261 r, z 222 262 223 jX( 224 263 264 hF 225 265 226 < Zv 266 227, .. 267 228 268 229 269 '17 230 270 23 271 232 (',t 272 r�33f 273 4-� ',34 274 235 c. t.tJ(:r, 275 236 276 0�Q/ 9!1.:1. <m 237 2 77 "1 'IA- "'At" 238 278 239 279 240 280 . . . ... 241 iv 281 fj P, (�Im, 242 42 Ar 282 I 2 243 43 283 244 Calu �66t�e 284 245 5 285 J 246 ko a 286 247 287 248 288 249 289:' 250 11290 1 No. 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 308 310 311 313 3 3 3 3 0 1 1 1 8 0 1 3 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 _3 249 3 0 330 NUMBERS AND NAMES OF VOTERS NAME No. 331 332 333 334 335 336 337 338 339 r 340 341 342 343 344 :may a 345 c 346 347 348 349 350 351 352 6! 353 354 955 'Ar" 356 4"1 357 358 359 360 y j'i E 361 362 i� 4 A 363 364 365 366 367 368 A 369 370 NAME I NUMBERS AND NAMES OF VOTERS No. NAME No. NAME 1371 t 411 372 iU' 412 rr 373 r 0 t-�,t 71 42 413 374 414 �r' 375 415 376 1 A 416 377 417 378 418 379 419 80 3 8 A�, 420 L 381 421 a 41 8 38242 422 383 —,�j ( 423 384 �7 424 w-� f 385 425 386 426 .387 427 Jt 388 428 389 429 390 j e,j�. 430 391 431 A "f 392 U 432 393 39 v 433 .9 434 395 435 396 436 A 397 437 (,i 398 (4 438 399 439 400 440 401 441 402 442 'p,r 403 011, 443 404 "w, f_'V, 444 405 445 -C, 406 446 407 447 408 448 409 449 410 450 0(/ NUMBERS AND NAMES OF VOTERS No. NAME No- NAME 451 4 1 1 491 452 492 453 493 454 is 494 455 495 456 U 1496 457 497 458 tA f/ 498, 459 499 460 'J", 500 461 -s, Z- 501 462 502 463 503 464 504 465 505 466 506 467 507 468 s 508 469 A-' 509 470 510 471 511 472 512 473 513 474 5 514 475 515 476 516 477 517 478 518 479 519 480 520 481 521 482 522 483 523 484 524 485 525 486 526 487 527 488 528 489 1: 529 490 530 532 533 534 535 536 537 J 555 556 557 558 559 560 561 562 563 564 565 566 567 568 569 570 NUMBERS AND NAMES OF VOTERS NAME No. 571 572 573 574 575 576 577 578 579 580 581 582 583 584 585 586 587 588 589 590 591 592 593 594 595 596 597 598 599 600 601 602 603 604 605 606 607 608 609 610 NAME TEXAS ELECTION CODE Art. 7.13, Texas Election Code: MUNICIPAL ELECTIONS. The expel shall be paid by the municipality in which same are held. In all such electio and /or the governing body shall do and perform each act which in other and performed respectively by the county judge, the county clerk and the C Art. 8.33, Texas Election Code: TO RETAIN POLL AND TALLY LI retain in his custody one return sheet, one poll list and one tally list of the for six (6) months after election, subject to the inspection of anyone inte Art. 3.01, Texas Election Code, which is applicable to small precinct voters in part provides: One of the judges who shall in all cases belong general election cast the largest vote for Governor throughout the state, siding Judge at elections; he shall appoint two competent and reputable c ical parties if practicable, to act as clerks of the election. The order entered of record. The presiding judge shall act in receiving and depositi and the other judges shall act in counting the votes cast. One clerk sb voters and upon the poll list he shall write at the time of voting the naxr shall act as canvassing clerk and shall keep the tally list of voters con such other duties as the Presiding Judge may direct. Art. 3.02, Texas Election Code, which is applicable to precincts in wl or more in part provides: The presiding and one assistant judge shall the votes in the ballot box, the other two judges shall actin counting th( shall appoint four competent and reputable clerks and as many other clef Commissioners' Court who have paid their poll tax or have secured th political parties, when practicable; two of said clerks shall assist in ke of qualified voters; upon the poll list they shall write the name of each clerks shall be canvassing clerks who shall keep tally lists of votes count as the presiding judge may direct. At the close of the canvassing an clerks shall compare their tally lists and certify officially to their correc Art. 8.29, Texas Election Code: RETURN OF ELECTIONS: When the managers of the election in person shall make out triplicate returns of and signed by them officially, showing: First, the total number of votes poll( ber polled for each candidate; one of which returns, together with poll lists an envelope and delivered by one of the precinct judges to the county said returns, together with poll lists and tally lists, shall be delivered by to the county clerk of the county to be kept by him in his office open to ir. (12) months from the day of the election; and the other of said return: officer of the election for twelve (12) months from the day of the election. of county judge, or the absence, failure or inability of that officer to ac' delivered to the county clerk of the county who shall safely keep the sa county judge, shall deliver the same to the Commissioners' Court on the c compare the polls. Art. 8.32, Texas Election Code: BALLOTS AND COPY OF REPOR TO COUNTY CLERK; ANNOUNCEMENT. Immediately after counting election, the presiding officer shall place all the ballots voted, together with c tally list, into a wooden or metallic box, and shall securely fasten the box wit or keys shall be delivered to the sheriff, as provided by law, and he sh than thirty -six (36) hours after the closing of the polls deliver said box t whose duty it shall be to keep the same securely. And it shall be unlawf else to burn or otherwise destroy these ballots and records, or permit it to by law. Anyone violating the provisions of this Section upon conviction Thousand Dollars ($1,000). Also, the presiding judge shall deliver a cop) said county clerk, together with the ballot box, and the clerk shall immediE election in the precinct reporting, and shall post said returns on a bull( event of any contest growing out of election within six (6) months thereaf said ballot box to any competent officer having process therefor, for any TALLY LIST OF THE _ ELECTION HELD ON THE DAY OF ' 19 In Election Precinct N �u County, Texas AS MANY AS 1280 TALLIES PER CANDIDATE (Use as many lines or as few lines as necessary for each candidate or proposition. There are 160 tallies for each single line or 320 for each double line.) This Form is prescribed in accordance with the Texas Election Code. (See last page of Tally List for the Election Code Sections applicable.) A1917 —Tally List (Rev. 1.88) The stack Co., Austin, Texas CANDIDATES MMMKMMMKMIMIM OR PROPOSITIONS ©®®©©©©©©©©©m ®®©©©®®©®®©®m • , fir, �f�il�lt��f !IM���li�l6�i�����l��ii�,�ls ill rflil trkil1 HIM mmmmmmmmmmmmm ulmoffill ININHIM. 91M. MIA FMFall IBM 111H1ii2ili16 111lsIrsilliINIMMINiI'llas 1m tili'1! %11�it 1tiIT1! 11�1i" i�11�r� 'AIr1�lIr�1�.�lri�',11!%s1•1 =MMMMM I mmmmmmmmmmmmm mmmmmmmmmmmmm • elf, �iti�'! �U► i���lf�' r.���'.�4:�11�;t�1��1te'�ii�!!� �I r�lli� :l�iC�l�llisnl m�.'�!i I 1��1[��Ih'� mm l ipller`.,111311111MMINUMlriml �1!Jl �' 1 �''���r� J►i ' � mmm_mmmmmm_mm mmmmmmmmmm mmmmmmmmmmm mmmmmmmmmmw mmmmmmmmmmm ARTICLE 8.29: RETURN OF ELECTIONS: When the ballots have all been counted, the managers of the election in person shall make out triplicate returns of the same certified to be correct, and signed by them officially, showing: First, the total number of votes polled at such box; second, the number polled for each candidate; one of which returns, together with poll lists and tally lists, shall be sealed up in an envelope and delivered by one of the precinct judges to the county judge of the county; another of said returns, together with poll lists and tally lists, shall be delivered by one of the managers of election to the county clerk of the county to be kept by him in his office open to inspection by the public for twelve (12) months from the day of the election; and the other of said returns shall be kept by the presiding officer of the election for twelve (12) months from the day of the election. In case of vacancy in the office of county judge, or the absence, failure or inability of that officer to act, the election returns shall be delivered to the county clerk of the county who shall safely keep the same in his office, and he, or the county judge, shall deliver the same to the Commissioners' Court on the day appointed by law to open and compare the polls. ARTICLE 8.32: BALLOTS AND COPY OF REPORT OF RETURNS DELIVERED TO COUNTY CLERK; ANNOUNCEMENT. Immediately after counting votes by the managers of the election, the presiding officer shall place all the ballots voted, together with one (1) poll tax list and one (1) tally list, into a wooden or metallic box, and shall securely fasten the box with nails, screws, or locks, the key or keys shall be delivered to the sheriff, as provided by law, and he shall immediately, in no case later than thirty -six (36) hours after the closing of the polls deliver said box to the county clerk of his county whose duty it shall be to 'keep the same securely. And it shall be unlawful for the county clerk or anyone else to burn or otherwise destroy these ballots and records, or permit it to be done, except where provided by law. Anyone violating the provisions of this Section upon conviction shall be fined not to exceed One Thousand Dollars ($1,000). Also, the presiding judge shall deliver a copy of the report of the returns to said county clerk, together with the ballot box, and the clerk shall immediately announce the returns of the election in the precinct reporting, and shall post said returns on a bulletin board within his office. In event of any contest growing out of election within six (6) months thereafter, the county clerk shall deliver said ballot box to any competent officer having process therefor, for any tribunal or authority authorized by law to demand such ballot box; provided that all questions arising at any election box shall be settled and determined by the presiding officer and judges, any law to the contrary notwithstanding. If no contest arise out of the election within six (6) months after the day of such election, said clerk shall destroy the con- tents of said ballot box by burning the same. ARTICLE 8.33: TO RETAIN POLL AND TALLY LISTS. The presiding officer shall retain in his custody one return sheet, one poll list and one tally list of the election, and shall keep the same for six (6) months after election, subject to the inspection of anyone interested in such election. Election Code, Article 3.01, which is applicable to small precincts having less than one hundred voters in part provides: One of the judges who shall in all cases belong to the party that at the last general election cast the largest vote for Governor throughout the state, shall be designated as the Pre- siding Judge at elections; he shall appoint two competent and reputable qualified voters of different polit- ical parties if practicable, to act as clerks of the election. The order appointing all judges shall be entered of record. The presiding judge shall act in receiving and depositing the votes in the ballot, boxes and the other judges shall act in counting the votes cast. One clerk shall keep the poll list of qualified voters and upon the poll list he shall write at the time of voting the name of each voter. The other clerk shall act as canvassing clerk and shall keep the tally list of voters counted. Said officer shall perform such other duties as the Presiding Judge may direct. Election Code, Article 3.02, which is applicable to precincts in which there are one hundred voters or more in part provides: The presiding and one assistant judge shall act in receiving and depositing the votes in the ballot box, the other two judges shall act in counting the votes cast. The presiding judge shall appoint four competent and reputable clerks and as many other clerks as may be authorized by the Commissioners' Court who have paid their poll tax or have secured their exemptions, and of different political parties, when practicable; two of said clerks shall assist in keeping the poll lists and the list of qualified voters; upon the poll list they shall write the name of each voter at the time voted and two clerks shall be canvassing clerks who shall keep tally lists of votes counted and perform such other duties as the presiding judge may direct. At the close of the canvassing and during its progress, the tally clerks shall compare their tally lists and certify officially to their correctness. I HEREBY CERTIFY THAT THE WITHIN AND FOREGOING IS A TRUE AND COR- RECT TALLY LIST KEPT BY ME FOR THE ABOVE DESCRIBED ELECTION. - - - - -- ------------- - - - --- - Clerk who kept this Tally List.