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THE STATE OF TEXAS
PASSED AT THE
REGULAR SESSION OF THE EIGHTEENTH LEGISLATURE
AT THE CITY OF AUSTIN
JANUARY 9, 1883, AND ADJOURNED APRIL 13, 1883
BY AUTHORITY OF THE STATE OF TEXAS
No. 1.-An Act to amend Sections three (3), four (4), five (5), six (6), eleven (11), fourteen (14), fifteen (15), sixteen (16), eighteen (18), twenty (20), twenty one (21), twenty two (22), twenty three (23), twenty six (26), twenty eight (28), twenty nine (29), thirty (30), fifty one (51), fifty two (52), eighty two (82), ninety (90), ninety one (91), one hundred and seventeen (117), one hundred and twenty seven (127), one hundred and twenty eight (128), one hundred and thirty five (135), one hundred and forty (140), one hundred and forty two (142), one hundred and forty seven (147), one hundred and forty eight (148), one hundred and fifty one (151), one hundred and fifty seven (157), one hundred and fifty eight (158), one hundred and fifty nine (159), one hundred and sixty one (161), one hundred and seventy (170), and one hundred and seventy one (171), of an act to incorporate the city of Galveston and to grant a new charter; approved August 2nd, 1876, and amended by act of Legislature approved April 5th 1881.
Section 1. Be it enacted by the Legislature of the State of Texas: That section three (3) of said act be, and the same is hereby amended, so that hereafter it shall be as follows, to wit;
Section 3. The municipal government of the city shall consist of a city council, composed of the mayor, and one alderman from each ward. A majority of the aldermen elected shall constitute a quorum for the transaction of business, except at called meetings, or meetings for the imposition of taxes, when three fourths of the aldermen elected shall be required unless herein otherwise specified.
The other officers of the corporation shall be a recorder, a treasurer, an assessor, a collector, a clerk, a chief of police, an engineer (who shall also be superintendent of streets), an attorney, an auditor, a health physician and such other officers and agents as the city council may from time to time direct: All of whom except the mayor, aldermen, clerk, and chief of police shall be elected by ballot by the aldermen at a meeting to be held on the third Monday in March in each year, upon the nomination of the mayor: or in case no person shall then be nominated by him, or if the person so nominated shall not be elected, then as soon thereafter as possible, upon the nomination of the mayor. The clerk and chief of police shall be appointed by the mayor on the third Monday in March in each. year or as soon thereafter as possible. All of said officers so nominated, and elected shall hold their offices until the third Monday in March thereafter and until the nomination, and election and qualification of their successors: and in such election a majority of all the aldermen elected shall be necessary to a choice. The officers appointed by the mayor as aforesaid, shall hold their offices until the third Monday in March thereafter, unless earlier removed by the mayor, or by the city council under the au
thority vested in it by section one hundred and fifty five (155) hereof; and until the appointment by the mayor, and qualification of their successors. Sec. 2. That Section four (4), of said act be and the same is hereby amended so that hereafter it shall be as follows, to wit;
Sec. 4. Elections for mayor and aldermen shall be held biennially, on the first Monday in March, at such place and places as the city council may direct, and of which thirty days previous notice shall be given by publication in one or more newspapers of said city. Said election shall be ordered by the city council or mayor. For the purpose of holding such elections, and others ordered, the city council shall appoint biennially, in April or earlier, in each ward some competent and suitable person, who shall be the presiding officer at all elections held in his ward. The presiding officer in each ward shall elect two judges and two clerks, who with the presiding officer shall be managers of the election. The presiding officers and judges must be qualified voters in the city. The city council shall provide for their compensation, and by ordinance, regulate and define their powers and duties, and determine the hours of opening and closing the polls. The mayor, whenever an election is ordered, shall give the required notice and issue to the presiding officer a writ of election; and every published notice of election shall state the officer, or officers to be elected, the place where the election will be held and the name of the presiding officer thereat. In case the officer so appointed is unable, fails, refuses or neglects to act, or the city council have failed to appoint, the mayor shall appoint; and in case no appointed presiding officer appears to open the polls, the attending qualified electors at the place for holding such election may appoint such officer, who shall perform the same duties and shall have like power and authority to act as a first appointee; but in such case the managers in their returns or otherwise, shall certify that the presiding officer failed to attend, or neglected to act and that the person acting as such was duly chosen by the electors present; provided, that if from any cause an election cannot be, or is not held on the day aforesaid, such election shall be held as soon thereafter as the order can be made and the necessary notice given. And the city council shall have full authority to designate the day for such election; and provided further, that the presiding officer, for the first election under this act, may be appointed at any time prior to such election.
Sec. 3. That section five (5) of said act be and the same is hereby amended so that hereafter it shall be as follows, to wit:
Sec. 5. At the first biennial election there shall be elected, by the qualified voters of said city, voting by ballot, a mayor, who shall hold his office for two years from the date of said election, and until his successor shall be elected and qualified; at the same time there shall be elected one alderman from each ward of the city by the qualified voters of such ward, who shall hold his office for two years from the date of said election, and until his successor shall be elected and qualified. The person receiving the highest number of votes in the whole city for mayor shall be declared elected; and the person receiving the highest number of votes cast for alderman in their respective wards, shall be declared elected. In case the person elected mayor shall refuse to accept the office, the city council, mayor or acting mayor shall order another election; and in case of a vacancy in the office of mayor by death, resignation, removal or otherwise, it shall be filled for the remainder of the term by a new election, to be ordered by the city council, or acting mayor. And
in case of vacancy in the office of alderman by a refusal to accept or qualify, or by death, resignation, removal or otherwise, the city council, mayor or acting mayor shall order a new election to fill the residue of the unexpired term; and all special elections shall be conducted in the same manner as is herein provided for the biennial election; provided, that in special elections, five days notice thereof shall be deemed sufficient.
Sec. 4. That Section six (6) of said act be and the same is hereby amended so that hereinafter it shall be as follows, to wit:
Sec. 6. The manner of conducting and voting at elections to be held under this act, and contesting the same, the keeping of the poll list, canvassing of the votes, and certifying the returns, shall be the same as nearly as may be, as is now, or may hereafter be provided by law at general State elections; provided, the city council shall have full power and authority to regulate elections and pass all ordinances in relation thereto, not inconsistent with the general laws of the State which they may deem proper and necessary, and to prescribe what action shall be had in the event of there being no biennial election, or a failure to elect the officers, or any of them, for which any election was ordered; and to prescribe the manner and mode of determining contested elections. The voting shall be by ballot, and the managers shall take the same oath and shall have the same power and authority as the managers of general State elections. After closing the polls the ballots shall be counted in the manner required by law; and the returns, including the ballots, shall be returned to the city clerk within three days after the election; and within five days from the election, the city council shall meet and canvass the same and declare the result of the election; or, failing to meet at the specified time, shall proceed to canvass said returns at the next subsequent meeting. It shall be the duty of the city clerk to notify all persons elected or appointed to office of their election or appointment and unless said persons shall respectively qualify within five days thereafter the office shall become vacant, except in case of sickness or unavoidable accident. The city council shall meet at the usual place of meeting at 4 o'clock p. m., on the second Wednesday after the first Monday of March, or as soon thereafter as possible and the newly elected members shall be installed under the provisions of this act.
Sec. 5. That Section (11) eleven of said act be and the same is hereby amended so that hereafter it shall be as follows, to-wit:
Sec. 11. Every person elected by the voters of said city, or by the city council on the nomination of the mayor, or appointed by the mayor to fill any office under this act shall before he enters on the duties of his office, take and subscribe the official oath prescribed in the Constitution of this State; and the city.council may by ordinance require such additional oath as they may deem best calculated to secure faithfulness in the performance of their duties by such officers.
Section 6. That Section fourteen (14) of said act be and the same is hereby amended so that hereafter it shall be as follows, to-wit:
Section 14. The mayor shall preside over the meetings of the city council, but shall have no vote unless there is a tie, in which case he shall give the casting vote. He shall have like power with a justice of the peace, to administer oaths of office, and also all oaths and affirmations and to give certificates thereof. He shall possess and execute in the city, in criminal cases, all the powers and duties of a justice of the peace. He shall be compensated for his services by a salary of three