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Home My WebLink AboutORD 70-24a !!yy 9VI C�? ORDINANCE N07 -,V-0 ENTITLED AN ORDINANCE ORDERING THE GENERAL MUNICI- PAL ELECTION TO BE HELD IN THE CITY OF BEAUMONT, TEXAS, ON THE 12TH DAY OF MAY, 1970, AS PROVIDED BY THE CHARTER OF THE CITY OF BEAUMONT, FOR THE PURPOSE OF ELECTING A MAYOR AND FOUR COUNCILMEN; TO DETERMINE WHETHER A CABLEVISION FRANCHISE SHOULD BE GRANTED TO BEAUMONT CABLEVISION, INC. PURSUANT TO ORDINANCE NUMBER 69-41 WHICH WAS PASSED ON THIRD AND FINAL READING BY THE CITY COUNCIL OF THE CITY OF BEAUMONT ON JULY 22, 1969; AND ALSO TO DETERMINE WHETHER A CABLEVISION FRANCHISE SHOULD BE GRANTED TO JEFFERSON CABLEVISION., INC. PURSUANT TO ORDI-. NANCE NUMBER 69-61 WHICH WAS PASSED ON THIRD AND FINAL READING BY THE CITY COUNCIL OF THE CITY OF .BEAUMONT ON SEPTEMBER 16, 1969; NAMING THE PRE- CINCTS OF WHICH SAID ELECTION SHALL BE HELD; APPOINTING OFFICERS TO PRESIDE.OVER SAID ELECTION; PROVIDING THE MANNER OF HOLDING SAID ELECTION; AND PROVIDING FOR NOTICE'THEREOF. WHEREAS, under the provisions of the City Charter of The City of Beaumont and the laws of,the State of Texas relating thereto, a regular general municipal election is required to be held in The City of Beaumont on the second Tuesday of May, 1970, for the purpose of electing a Mayor and one Councilman from the First Ward, one Councilman from the Second Ward, one Councilman from the Third Ward, and one Councilman from the Fourth Ward; and, WHEREAS, Article 15, Section 3 of the Charter of The City of Beaumont provides that all ordinances granting franchises shall not take effect until sixty (60) days after the adoption on third and final reading; providing, however, if at any time before any such ordinance shall finally take effect a petition or petitions shall be presented to the City Council signed by not less than five hundred (500) of the bona fide qualified voters of the City, then the governing body shall submit the question of the granting of said franchise to a vote of the qualified voters of The City of Beaumont at its next succeeding general election to be held in said City, provided that notice thereof shall be published at least twenty (20) days successively in a daily newspaper in The City of Beaumont prior to the holding of the election. WHEREAS, on July 22, 1969, the City Council of The City of Beaumont passed on third and final reading Ordinance Number 69-41, which ordinance granted a cablevision franchise to Beaumont Cablevision, Inc.; and, WHEREAS, on the 5th day of September, 1969, a petition was filed with the City Council calling for an election to de- termine whether or not said cablevision franchise.should be granted to Beaumont Cablevision, Inc.; and, WHEREAS, the petition was signed by a sufficient number of qualified voters of The City of Beaumont; and, WHEREAS, on September 16, 1969, the City Council of The City of Beaumont passed on third and final reading Ordinance Number 69-61, which ordinance granted a cablevision franchise to Jefferson Cablevision, Inc.; and, WHEREAS, on the 11th day of November, 1969, a petition was filed with the City Council calling for an election to de- termine whether or not said cablevision franchise should be granted to Jefferson Cablevision, Inc.; and WHEREAS, the petition was signed by a sufficient number of qualified voters of The City of Beaumont; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT, TEXAS: -2- Section 1. That in accordance with the provisions of the City Charter of The City of Beaumont and the laws of the State of Texas re- lating thereto, there shall be held in The City of Beaumont on the second Tuesday in May, 1970, the same being the 12th day of May, 1970, the regular municipal election for said City for the purpose of electing a Mayor and one Councilman from the First Ward, one Councilman from the Second Ward, one Councilman from the Third Ward, and one Councilman from the Fourth Ward for said City; to determine whether a cablevision franchise should be granted to Beaumont Cablevision, Inc. pursuant to Ordinance Number 69-41 which was passed on third and final reading by the City Council of The City of Beaumont on July 22, 1969; also, to de- termine whether a cablevision franchise should be granted to Jefferson Cablevision, Inc. pursuant to Ordinance Number 69-61 which was passed on third and final reading by the City Council of The City of Beaumont on September 16, 1969. Section 2. That legally qualified voters residing within the corporate limits of The City of Beaumont shall be entitled to a vote at said election. Section 3. That said election shall be held in The City of Beaumont at the following places and the following named persons are appointed presiding judges and alternates for their respective voting boxes, with the authority to select and appoint their own clerks, to wit: -3- -1,4 Precinct No. 1 - Edwards Elementary School, 4401 Detroit, Mrs. C: C. Moore [Rastas C. Bowers, Alternate] Precinct No. 2 - French High School, 4415 Concord Road, Mrs. F. W. Forsythe [Mrs. Wm. Ehrensberger, Alternate] Precinct No. 3 - School for the Deaf, 1800 Tulane, Mrs. 0. Lambright [Deverd Muirhead, Alternate] Precinct No. 4 - Longfellow Elementary School, 3395 Harrison, Albert Henry [C. B. Wright, Alternate] Precinct No. 5 - Caldwood Elementary School, 102 Berkshire Lane, Mrs. R. P. Barry [Mrs. P. R. Riegal, Alternate] Precinct No. 6 - Beaumont High School, 88 Millard Street, L. E. McClaran [E. C. Seelback, Alternate] Precinct No. 7 - Averill Elementary School, 2330 North, D. N. Bodin [Mrs. D. N. Bodin, Alternate] Precinct No. 8 - Memorial Baptist Church Educational Building, [Old Junker School] 2295 Cable, Mrs. James E. Ray [Mrs. Henry Bray, Alternate] Precinct No. 9 - Central Fire Station, 402 Walnut, Delores Lawless [E. F. Smith, Alternate] Precinct No. 10 - Dick Dowling Junior High School, 1300 North, L. L. Bonner [Mrs. C. R. Phelps, Alternate] Precinct No. 11 - County Courthouse, 1149 Pearl, Mrs. W. C. Ross [W. C. Ross, Sr., Alternate] Precinct No. 12 - Carver Elementary School, 1055 Sherman, W. W. Como [Mrs. Alice Taylor, Alternate] Precinct No. 13 - Trinity Baptist Church, 1090 Van Buren, 0. D. Lindsey [Mrs. 0. D. Lindsey, Alternate] Precinct No. 14 - Ogden Elementary School, 2300 Victoria, Mrs. J. 0. Walters [Mrs. Ed Haston, Alternate] Precinct No. 15 - David Crockett Junior High School, 1400 Royal, Mrs. Catherine Rush [Mrs. B. M. Smith, Alternate] Precinct No. 16 - Fletcher Elementary School, 1050 Avenue E, Mrs. A. P. Wenner [A. P. Wenner, Alternate] Precinct No. 17.- Drainage District #6 Office, 790 Jeny Lane, Mrs. Minnie Eberhard [Mrs. J. P. McCarter, Alternate] -4- Precinct No. 18 - Hebert High School, 3445 Fannett Road, Mrs. Stella Melonson [Mrs. Leanna Mouton, Alternate] Precinct No. 19 - Giles School, 3500 Chaison, Mrs. W. N. Youse [Mrs. Johnnie A. Barnes,.Alternate] Precinct No. 20 - Pietzsch Elementary School, 4301 Highland, Mrs. J. C. Burkhard [Mrs. Marie Griffith, Alternate] Precinct No. 22 - Roy H. Guess School, 8055 Voth Road, T. S. Webb [Mrs. B. W. French, Sr., Alternate] Precinct No. 23 - Stone Mfg. Co., 7124 Tram Road, Voth Rural Station, I. W. Stone [Mrs. Wilma Townsend, Alternate] Precinct No. 27 - Amelia Elementary School, 565 Major Drive, Mrs. V. B. Riley [Mr. V. B. Riley, Alternate] Precinct No. 39 - Blanchette Junior High School, 2400 Lela, Mrs. Clara M. Chaison [Mrs. Annie B. Fontno, Alternate] Precinct No. 62 - Sallie Curtis: -School, 6225 N. Circuit, Mrs. T. C. Collier [Mrs. Gerald Lind, Alternate] Precinct No. 63 - Lucas Elementary School, 1750 E. Lucas, Mrs. Mary E. McLauchlan [Mrs. Louise Adams, Alternate] Precinct No. 64 - Tyrrell Park Elementary School, 5515 Phelps Road, Mrs. Beulah January [Mrs. W. J. Neely, Alternate] Precinct No. 67 - South Park High School, 4500 Highland, Hilton E. Crawford [M. H. Meynig, Alternate] Precinct No. 75 - Austin.Junior High School, 3410 Austin, Otis Stracener [Don McClintock, Alternate] The presiding judge for each election precinct shall appoint two clerks and as many additional clerks as he deems nec- essary for the proper conduct of the election, provided that not more than a total of five clerks shall be appointed for any pre- cinct, who shall be selected from different political parties when practicable. Section 4. That said election shall be held under, and the qualifica- tions of those voting thereat, shall be controlled by the pro- visions of the State Laws governing elections. -5- Section 5. That notice of said election shall be given: (a) By posting the notice of election hereinafter pre- scribed, together with a copy of this ordinance at each of the places herein designated for holding said election, at least twenty (20) days prior to the date of holding said election; and, (b) By placing said notice together with a copy of this ordinance in the Beaumont Journal, and a newspaper of general circulation in this City and County for twenty (20) seccessive days before said,election.. Said.notice shall be in the following form: "NOTICE OF THE GENERAL MUNICIPAL ELECTION IN THE CITY OF BEAUMONT FOR THE PURPOSE OF ELECTING A MAYOR AND FOUR COUNCILMEN; TO DETERMINE WHETHER A CABLEVISION FRANCHISE SHOULD BE GRANTED TO BEAUMONT CABLEVISION, INC. PURSUANT TO ORDINANCE NO. 69-41; ALSO TO DETERMINE WHETHER A CABLE - VISION FRANCHISE SHOULD BE GRANTED TO JEFFERSON CABLEVISION, INC. PURSUANT TO ORDINANCE NO. 69-6l." "Notice is hereby given that the General Municipal Election as provided by the Charter of The City of Beaumont, will be held in the City of Beaumont Texas, on the 12th day of May, 1970, from 7:00 A.M. to 7:00 P.M. for the purpose of electing a Mayor and four Councilmen; to determine whether a Cable- vision franchise should be granted to Beaumont Cablevision, Inc. pursuant to Ordinance No. 69-41; also to determine whether a Cablevision franchise should be granted to Jefferson Cablevision,. Inc. pursuant to Ordinance No. 69-61; all as is more particularly set forth -in the copy of the election ordinance passed by the City Council and attached hereto." Section 6. The form of ballot which shall be,used in said General Municipal Election shall be substantially as follows: GENERAL ELECTION CITY OF BEAUMONT JEFFERSON COUNTY, TEXAS MAY 12, 1970 FOR MAYOR (vote for one) FOR COUNCILMAN, WARD I (vote for one) FOR COUNCILMAN, WARD II (vote for one) FOR COUNCILMAN, WARD III (vote for one) FOR COUNCILMAN, WARD IV (vote for one) PROPOSITION "Ordinance 69-41 grants a franchise to Beaumont Cablevision, Inc. to maintain and operate a cable television system in The City of Beaumont for 25 years; provides that Beaumont Cablevision, Inc. will use facilities capable of distributing color TV signals, will furnish to its subscribers the television signals of at least (8) commercial television stations, will charge a rate not to exceed $4.50 per month per connection, will pay to The City of Beaumont $100,000.00 as a fran- chise acceptance fee, will pay to The City of Beaumont $75,000.00 upon acceptance of the fran- chise as a deposit on the first 3 years of operation and will pay The City of Beaumont annual payments beginning the first year with $10,000.00 or 7% of the annual gross revenues received by Beaumont Cablevision, Inc. for ser- vices rendered within The City of Beaumont, whichever amount is greater, and increasing each year of the 25 year period until said payments the last year reach $115,000.00 or 15% of the annual gross revenues received by Beaumont Cablevision, Inc. for services rendered within The City of Beaumont, whichever amount is greater. -7- "FOR THE GRANTING OF A FRANCHISE" "AGAINST THE GRANTING -OF A FRANCHISE" PROPOSITION "ORDINANCE 69-61 grants a franchise to Jefferson Cablevision, I-nc .,, to maintain and operate a cable television system in The City of Beaumont for 25 years; provides that Jefferson Cable- vision, Inc. will use facilities capable of distributing color TV signals, will furnish to its subscribers the television signals of at least (8) commercial television stations, will charge a rate not to exceed $5.95 per month per connection, will pay to The City of Beaumont $105,000.00 as a franchise acceptance fee, will pay to The City of of Beaumont $125,000.00 upon acceptance of the franchise as a deposit on the first 3 years of operation, will pay to The City of Beaumont $75,000.00, to be held by The City of Beaumont until a reasonable time after 36 months from the effective date of franchise ordinance and then, by City, either be returned to Jefferson Cablevision, Inc., without interest, if the franchise be then terminated, or otherwise credited against the annual payment due on February 1, 1973, and will pay The City of Beaumont annual payments beginning the first year with $20,000.00 or 10% of the annual gross revenues received by Jefferson Cablevision, Inc. for services rendered within The City of Beaumont, whichever amount is greater, and increasing each year of the 25 year period until said payments the last year reach $125,000 or 20% of the annual gross revenues received by Jefferson Cablevision, Inc. for services rendered within The City of Beaumont, whichever amount is greater. l� "FOR THE GRANTING OF A FRANCHISE" r- "AGAINST THE GRANTING OF A FRANCHISE" IM Section 7. That said election shall be held under and controlled by the provisions of the state laws governing elections. Section 8. That in accordance with the provisions of the laws of the State of Texas, voting machines shall be used for voting on the day of election and also for the casting of absentee votes by personal appearance at the City Clerk's office. In accordance with the provisions of the laws of the State of Texas absentee votes by mail shall be counted by a special canvassing board which shall be composed of Hardy D. Akin, Dr. Charles Walker, and Roy Gibbs. Hardy D. Akin is hereby appointed Presiding Judge of said Special Canvassing Board and Dr. Charles Walker and Roy Gibbs are hereby appointed clerks. PASSED ,by the City Council this day of April, 1970. ATTEST: City Clerk - m :tl�, - a :�. - '. - Mayor - "NOTICE OF THE GENERAL MUNICIPAL ELECTION IN THE CITY OF BEAUMONT FOR THE PURPOSE OF ELECTING A MAYOR AND FOUR COUNCILMEN; TO DETERMINE WHETHER A CABLEVISION FRANCHISE SHOULD BE GRANTED TO BEAUMONT CABLEVISION, INC. PURSUANT„TO ORDINANCE NO. 69-41; ALSO TO DETERMINE WHETHER A CABLE - VISION FRANCHISE SHOULD BE GRANTED TO JEFFERSON CABLEVISION, INC. PURSUANT TO ORDINANCE NO. 69-61.” "Notice is hereby given that the.General Municipal Election as provided by the Charter of The City. of Beaumont, will be held in the City of Beaumont, Texas, on the 12th day of May, 1970, from 7:00 A.M. to 7:00 P.M. for the purpose of electing a Mayor and four Councilmen; to determine whether a cable - vision franchise should be granted to Beaumont Cablevision, Inc. pursuant to Ordinance No. 69-41; also to determine whether a cablevision franchise should be granted to Jefferson Cablevision, Inc. pursuant to Ordinance No. 69-61; all as is more particularly set forth in the copy of the election ordinance passed by the City Council and attached hereto." ORDINANCE NO. 70-24 ENTITLED AN ORDINANCE ORDERING THE GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY OF BEAUMONT, TEXAS, ON THE 12TH DAY OF MAY, 1970, AS PROVIDED BY THE CHARTER OF THE CITY OF BEAUMONT, FOR THE PURPOSE OF ELECTING A MAYOR AND FOUR COUNCILMEN; TO DETERMINE WHETHER A CABLEVISION FRANCHISE SHOULD BE GRANTED' TO BEAUMONT CABLEVISION, INC. PURSUANT TO ORDINANCE" NUMBER 69-41 WHICH WAS PASSED ON THIRD AND FINAL READING BY THE CITY COUNCIL OF THE CITY OF BEAUMON7 ON JULY 22,-1969; AND. ALSO TO DETERMINE'WHETHER A` CABLEVISION FRANCHISE SHOULD BE GRANTED TO"JEFFERSON' CABLEVISION, INC. PURSUANT TO ORDINANCE"-NUMBER`69-61- WHICH WAS PASSED ON THIRD AND -FINAL READING 'BY THE CITY COUNCIL OF THE CITY OF'BEAUMONT ON SEPTEMBER 16, 1969; NAMING THE PRECINCTS OF WHICH SAID ELECTION SHALL BE HELD; APPOINTING OFFICERS TO PRESIDE OVER SAID ELECTION; PROVIDING THE MANNER OF HOLDING SAID ELECTION; AND PROVIDING FOR NOTICE THEREOF. WHEREAS, under the provisions of the City Charter of the City of Beaumont and the laws of the State of Texas relating thereto,a regular general municipal election is required to be held in The City of Beaumont on the second Tuesday of May, 1970, for the purpose of electing a Mayor and one Councilman from the First Ward, one Councilman from the Second Ward, one Councilman from the Third Ward, and one Councilman from the Fourth Ward; and, WHEREAS, Article 15, Section 3 of the Charter of .The City of Beaumont provides that all ordinances granting franchises shall not take effect until sixty . (60) days after the adoption on third and final reading; providing, however, if at . any time before any such ordinance shall finally take effect a petition or petitions. shall be presented to the City Council signed by not less than five hundred (500) of the bona fide qualified voters of the City, then the governing body shall submit the question of the granting of said franchise to a vote of the qualified voters of The City of Beaumont at its next succeeding general election to be held in said City., provided that notice thereof shall be published at least twenty (20) days successively in a daily newspaper in The City of Beaumont prior to the holding of the election. WHEREAS, on July 22, 1969, the City Council of The City of Beaumont passed on third and final reading Ordinance Number 69-41, which ordinance granted a Cablevision franchise to Beaumont Cablevision, Inc.; and, WHEREAS, on the 5th day of September, 1969, a petition was filed with the City Council calling for an election to determine whether or not said Cablevision franchise should be granted to Beaumont Cablevision, Inc.; and, WHEREAS, the petition was signed by a sufficient number of qualified voters of The City of Beaumont; and, WHEREAS, on September 16, 1969, the City Council of The City of Beaumont . passed on third and final reading Ordinance Number 69-61, which ordinance granted a Cablevision franchise to Jefferson Cablevision, Inc.; and, WHEREAS, on the 11th day of November, 1969, a petition was filed with -the City Council- calling for an election to determine whether or not said.cablevision franchise should be granted to Jefferson Cablevision, Inc.; and, WHEREAS, the petition was signed by a sufficient number of qualified voters of The :City of Beaumont; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT, TEXAS: Section 1. That in accordance with the provisions of the City Charter of The City of Beaumont and the laws of the State of Texas relating thereto, there shall be held. in The City of Beaumont on the second Tuesday in May, 1970, the same being the 12th day of May, 1970, the regular municipal election for said City for the purpose of electing a Mayor and one Councilman from the First Ward, one Councilman from the Second • L/___ L 7_6 Ward, one Councilman from the Third Ward, and one Councilman from the Fourth Ward=. for said City;, -to determine whether a cablevision franchise should be granted`to' Beaumont Cablevision, Inc. pursuant to Ordinance Number 69-41 which was passed on:' third and final reading by the City Council of The City of Beaumont on July 22, 1969; also, to determine whether a cablevision franchise should be granted to Jefferson Cablevision, Inc. pursuant to Ordinance.Number 69-61 which was passed on third and final reading by the City Council of The City of Beaumont on September 16, 1969. That legally qualified voters residing within the corporate limits. of The City of Beaumont shall be entitled to a vote at said election. That said election shall be held in The City of Beaumont at the following places and the following named persons are appointed presiding judges and alternates for their respective voting boxes, with the authority to select and ap- point their own clerks, to wit: Precinct No. 1 - Edwards Elementary School, 4401 Detroit, Mrs. C. C. Moore (Rastas C. Bowers, Alternate) Precinct No. .2 - French High School, 4415 Concord Road, Mrs. F. W. Forsythe.(Mrs. Wm. Ehrensberger, Alternate) Precinct No. 3 - School for the Deaf, 1800 Tulane, Mrs. 0. Lamb -right (Deverd Muirhead, Alternate) Precinct No. 4 - Longfellow Elementary School, 3395 Harrison, Albert Henry (C. B. Wright, Alternate) Precinct No. 5 - Caldwood Elementary School, 102 Berkshire Lane, Mrs. R. P. Barry (Mrs. P. R. Riegal, Alternate) Precinct No. 6 - Beaumont High School, 88 Millard Street, L. E. McClaran (E. C. Seelback, Alternate) Precinct No. 7 - Averill Elementary School, 2330 North, D. N. Bodin (Mrs. D. N. Bodin, Alternate) Precinct No. 8 - Memorial Baptist Church Educational Building, (Old Junker School) 2295 Cable, Mrs. James E. Ray (Mrs. Henry Bray, Alternate) Precinct No. 9 - Central Fire Station, 402 Walnut, Delores Lawless (E. F. Smith, Alternate) Precinct No. 10 - Dick Dowling Junior High School, 1300 North, L. L. Bonner (Mrs. C. R. Phelps, Alternate) Precinct.No. 11 - County Courthouse, 1149 Pearl, Mrs. W. C. Ross (W. C. Ross, Sr., Alternate) Precinct --No. 12 - Carver Elementary School, 1055 -Sherman -1. W.- W. - Como (Mrs. Alice Taylor, Alternate) Precinct No. 13 - Trinity Baptist Church, 1090 Van Buren, 0. D. Lindsey (Mrs. 0. D. Lindsey, Alternate) Precinct No. 14 - Ogden Elementary School, 2300 Victoria, Mrs. J. 0. Walters (Mrs. Ed Haston, Alternate) Precinct No. 15 - David Crockett Junior High School, 1400 Royal, Mrs. Catherine Rush (Mrs. B. M. Smith, Alternate) Precinct No. 16 - Fletcher Elementary School, 1050. Avenue E, Mrs. A. P. Wenner (A. P. Wenner, Alternate) -2- Precinct No. 17 - Drainage District #6 Office, 790 Jeny Lane, Mrs. Minnie Eberhard (Mrs. J. P. McCarter, Alternate) Precinct No. 18 - Hebert High School, 3445 Fannett Road, Mrs. Stella Melonson (Mrs. Leanna Mouton, Alternate). Precinct No. 19 - Giles School, 3500 Chaison, Mrs. W. N. Youse (Mrs. Johnnie A. Barnes, Alternate) Precinct No. 20 - Pietzsch Elementary School, 4301 Highland, Mrs. J. C. Burkhard (Mrs. Marie Griffith, Alternate) Precinct No. 22 -Roy H. Guess School, 8055 Voth Road, T. S. Webb (Mrs. B. W. French, Sr., Alternate) Precinct No. 23 - Stone Mfg. Co., 7124 Tram Road, Voth Rural Station, I. W. Stone (Mrs. Wilma Townsend, Alternate) Precinct No. 27 - Amelia Elementary School, 565 Major Drive, Mrs. V. B. Riley (Mr. V. B. Riley, Alternate) Precinct No. 39 - Blanchette Junior High School, 2400 Lela, Mrs. Clara M. Chaison (Mrs. Annie B. Fontno, Alternate) Precinct No. 62 - Sallie Curtis School, 6225 N. Circuit, Mrs. T. C. Collier (Mrs. Gerald Lind, Alternate) Precinct No. 63 - Lucas Elementary School, 1750 E. Lucas, Mrs. Mary E. McLauchlan (Mrs. Louise Adams, Alternate) Precinct No. 64 - Tyrrell Park Elementary School, 5515 Phelps Road; Mrs. Beulah January (Mrs. W. J. Neely, Alternate) Precinct No. -.67- -,South Park High School, 4500 Highland, Hilton E. Crawford (M. H. Meynig, Alternate) Precinct No. 75 - Austin Junior High School, 3410 Austin, Otis Stracener (Don McClintock, Alternate) The presiding judge for each election precinct shall appoint two clerks and as many additional clerks as he deems necessary for the proper conduct . of the election, provided that not more than a total of five clerks shall be ap- pointed for any precinct, who shall be selected from different political parties when practicable. C....+.. __ A That said election shall be held under, and the qualifications of those voting thereat, shall be controlled by the provisions of the State.Laws governing elections. C-4.4— That notice of said election shall be givenc-- (a) By posting the notice of election hereinafter prescribed, to- gether with a copy of this ordinance at each of the places herein designated.for holding said election, at least twenty (20) days prior to the date of holding said election; and, (b) By placing said notice together with a copy of this.ordinance 'in the Beaumont Journal, and a newspaper of general circulation in this.City and County for twenty (20) successive days before said election. Said notice shall be in the following form: -3- "NOTICE OF THE"GENERAL MUNICIPAL ELECTION'IN THE CITY OF BEAUMONT' FOR" THE- PURPOSE' OF 'ELECTING A MAYOR AND FOUR COUNCILMEN';'TO.DETERMINE WHETHER' A CABLEVISION FRANCHISE SHOULD BE GRANTED TO BEAUMONT CABLEVISION, INC. PURSUANT TO ORDINANCE NO. 69-41; ALSO TO DETERMINE WHETHER A CABLE - VISION FRANCHISE SHOULD BE GRANTED TO JEFFERSON CABLEVISION, INC. PURSUANT TO'ORDINANCE NO. 69-6l'-.11- "Notice 9-6l'-.""Notice is hereby given that the General Municipal Election as provided by the Charter of The City of Beaumont, will be held in the City of Beaumont, Texas, on the 12th day of May, 1970, from 7:00 A.M. to 7:00 P.M. for the purpose of electing a Mayor and four Councilmen; to determine whether a cable - vision franchise should be granted to Beaumont Cablevision, Inc. pursuant to Ordinance No. 69-41.; also to determine whether a cablevision franchise . should be granted to Jefferson Cablevision, Inc. t t 0 d' N 69-61• 11 pursuan o r finance o. a as is more Particularly set forth in the copy of the election ordinance passed by the City Council and attached hereto." Section 6. The form of ballot which shall be used in said General Municipal Election shall be substantially as follows: GENERAL ELECTION CITY OF BEAUMONT JEFFERSON COUNTY, TEXAS MAY 12, 1970 FOR MAYOR (vote for one) FOR COUNCILMAN, WARD I (vote for one) FOR COUNCILMAN, WARD II (vote for one) FOR COUNCILMAN, WARD III (vote for one) FOR COUNCILMAN, WARD IV (vote for one) PROPOSITION "Ordinance 69-41 grants a franchise to Beaumont Cablevision Inc". to maintain and operate a cable television system in The City of Beaumont for 25 years; provides that Beaumont Cablevision, Inc. will use facilities capable of distributing color TV signals, will furnish to its subscribers the television -4- 176- y> , signals of at least (8) commercial television stations, will charge a rate not to exceed $4:50 -per month per connection, will pay to The City of Beaumont $100,000.00 as a franchise acceptance fee, will pay to The City of Beaumont $75,000.00 upon acceptance of the franchise as a deposit on the first 3 years of operation and will•pay The City of Beaumont annual payments beginning the first year with $10;000:00 or 7% of the annual gross-revenues-received`by Beaumont Cablevision, Inc. for services rendered within The City of`Beaumont-, whichever amount/ is`greater; and increasing each year of the -25 year period until said payments the last year reach $115,000.00 or 15% -of the annual gross revenues received by Beaumont Cablevision, Inc. for services rendered within The City of Beaumont, whichever amount is greater. "FOR THE GRANTING OF A FRANCHISE" "AGAINST THE GRANTING OF A FRANCHISE" PROPOSITION "Ordinance 69-61 grants a franchise to Jefferson Cablevision, Inc., to maintain and operate a cable television system in The City of Beaumont for 25 years; provides that Jefferson Cablevision, Inc. will use facilities Capable of distributing color TV signals, will furnish toits.subscribers the television sig- nals of at least (8) commercial television stations, will charge a rate not to exceed $5.95 per month per connection, will pay to The City of Beaumont,$105,000,.00 as a franchise acceptance fee, will pay to The City of Beaumont $125,000.00 upon acceptance of the franchise as a deposit on the first 3 years of operation, will pay to The City of Beaumont $75,000.00, to be held by The City of Beaumont until a reasonable time after 36 months from the effective date of franchise ordinanceand then, by City, either be returned to Jefferson Cablevision, Inc., without interest; if the franchise be then terminated, or otherwise credited against the annual pay- ment due on February 1, 1973, and will pay The City of Beaumont annual payments beginning the first year with $20,000.00 or 10% of the annual gross revenues received by Jefferson Cablevision, Inc. for services rendered within The City of Beaumont, whichever amount is greater, and increasing each year of the 25 year period until said payments the last year reach $125,000 or 20% of the annual gross revenues received by Jefferson Cablevision, Inc. for services rendered within The City of Beaumont, whichever amount is greater. "FOR THE GRANTING OF A FRANCHISE" "AGAINST THE -GRANTING OF -A FRANCHISE" -- -- — gAr-ti nn 7 That said election shall be held under and controlled by the pro-, visions of the state laws governing elections. -5- Section 8. That in accordance with the provisions of the laws of the State of Texas, voting machines shall be used for voting on the day of election and also for the casting of absentee votes by personal appearance at the City -.Clerk's office. In accordance with the provisions of,the'laws of the State -of -Texas ab- sentee votes by mail shall be,counted bya-special canvassing�board.which.shall be composed of Hardy D. Akin, Dr. Charles Walker, and Roy Gibbs. Hardy D. Akin is hereby appointed Presiding Judge of said Special Canvassing Board and Dr. Charles Walker and Roy Gibbs are hereby appointed clerks. PASSED by the City Council this 7th day of April, 1970. - Mayor - ATTEST: - City Clerk -