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HomeMy WebLinkAboutORD 86-18 i ORDINANCE NO. ENTITLED AN ORDINANCE ORDERING A GENERAL ELECTION TO BE HELD IN THE CITY OF BEAUMONT ON THE 5TH DAY OF APRIL, 1986 AS PROVIDED BY LAW FOR THE PURPOSE OF ELECTING A MAYOR, TWO COUNCILMEN-AT-LARGE AND FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED VOTERS OF THE CITY OF BEAUMONT PROPOSITIONS FOR THE AMENDMENT OF THE CITY CHARTER; PROVIDING FOR PLACES WHERE SUCH ELECTION SHALL BE HELD; APPOINTING OFFICERS TO PRESIDE OVER SAID ELECTION; APPOINTING A CANVASSING BOARD FOR ABSENTEE VOTING; APPOINTING A MANAGER AND JUDGE OF THE CENTRAL COUNTING STATION; PROVIDING FOR NOTICE THEREOF; PROVIDING FOR JOINT ELECTION WITH THE BEAUMONT INDEPENDENT SCHOOL DISTRICT AND PROVIDING FOR SEVERABILITY. WHEREAS, under the provisions of the 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 April 5 , 1986. The election shall be for the Mayor and two (2 ) Councilmen-at-Large; and, WHEREAS, the City Council, on its own motion and as a result of the recommendations of the Charter Change Committee desires to submit to the qualified voters of the City of Beaumont at the General Election herein called certain proposed amendments to the City Charter; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1 . That in accordance with the provisions of the 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 April 5 , -/esJ -7"o i 1986, a regular municipal election for said City for the purpose of electing a Mayor and two (2 ) Councilmen-at-Large. At such general election there shall be presented propositions for proposed amendments to the Charter to the City of Beaumont to be submitted to the qualified voters of the City for their action thereon as set out in the official ballot hereinafter prescribed. 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 between the hours of 7 :00 a.m. and 7 :00 p.m. at the places listed in Exhibit "A" attached hereto and made a part hereof for all purposes and the persons whose names appear in said Exhibit "A" are appointed presiding judges and alternates for the respective voting boxes with authority to select and appoint clerks . (See Exhibit "A" ) The presiding judge for each election precinct shall appoint two (2 ) clerks and as many additional clerks as deemed necessary for the proper conduct of the election, provided that not more than five (5 ) clerks shall be appointed for any election precinct. Clerks shall be selected from different political parties when practicable. - 2 - ,0`4 �O i Section 4 . That said election shall be held, and the qualifications of those voting thereat shall be controlled by, the provisions of the Texas laws governing elections. Section 5 . That notice of said election shall be given by publishing said notice as set out herein in a newspaper of general circulation in this city and county one ( 1 ) time, not more than twenty-five (25) days nor less than ten ( 10) days before said election. Said notice shall be in the following form: "NOTICE OF A GENERAL MUNICIPAL ELECTION IN THE CITY OF BEAUMONT FOR THE PURPOSE OF ELECTING A MAYOR AND TWO (2 ) COUNCILMEN-AT-LARGE AND FOR THE PURPOSE OF CONSIDERING PROPOSITIONS FOR PROPOSED AMENDMENTS TO THE CHARTER OF THE CITY OF BEAUMONT. " "Notice is hereby given that a general municipal election as provided by the Charter of the City of Beaumont and the statutes of the State of Texas will be held in the City of Beaumont, on the 5th day of April, 1986, from 7:00 a.m. to 7 :00 p.m. for the purpose of electing a Mayor and two (2 ) Councilmen-at-Large and for considering propositions for proposed amendments to the Charter of the City of Beaumont. " Copy of said notice shall be filed with the County Clerk of Jefferson County, Texas, and another copy shall be posted on a bulletin board in the office of said county clerk at least twenty (20) days prior to said election. Section 6 . That the official ballot for the registering of the "Yes" "No" vote of the voters voting on the proposition shall be as set 3 - out in Section 7 hereof. The proposed amendments to the City Charter are as follows: AMENDMENT NUMBER 1 Article I , Section 4 of the Charter of the City of Beaumont shall be amended to read as follows: Annexation of additional territory: (a) By ordinance: The City Council shall have power by ordinance to fix boundary limits of the City of Beaumont and to provide for the alteration and the extension of said boundary limits, and the annexation of additional territory lying adjacent to the city, with or without the consent of the territory and inhabitants annexed. Upon the introduction of any such ordinance in the City Council, it shall be published in the form in which it may be finally passed, in a daily newspaper published in the City of Beaumont, at least one time, and said ordinance shall not thereafter be finally acted upon until at least thirty (30) days have elapsed after said publication. Additionally, those persons living within the area to be annexed shall be given written notice of the city' s intention to annex the property. Written notice shall be provided to those persons shown as the owner of the property on the tax rolls of the county in which the property is located. Written notice shall be adequate if sent by certified or registered mail, return receipt requested. Upon the final passage of any such ordinance, the boundary limits of the city shall thereafter be as fixed in such ordinance. When any additional territory has been so annexed, same shall be a part of the City of Beaumont, for municipal purposes only, and the property situated therein shall bear its pro rata part of the taxes levied by the city, and the inhabitants thereof shall be entitled to all the rights and privileges of all the citizens who shall be bound by the acts, ordinances, resolutions and regulations of the city. AMENDMENT NUMBER 2 Article III, Section 3 of the Charter of the City of Beaumont shall be amended to read as follows : 4 - i Qualifications: The mayor and each of the six (6 ) councilmembers shall be at least twenty-one (21) years of age, shall be a citizen of the United States, a qualified voter of the City of Beaumont and shall not be in arrears in the payment of any liability due the city. AMENDMENT NUMBER 3 Article III, Section 4 of the Charter of the City of Beaumont shall be amended to read as follows : Salary: Salaries of mayor and councilmembers shall be set by ordinance but may not be increased in the current term of the mayor or councilmembers enacting such ordinance. AMENDMENT NUMBER 4 Article III, Section 6 of the Charter of the City of Beaumont shall be amended to read as follows: Mayor Pro Tempore: The City Council shall elect one of its members as Mayor Pro Tempore for a one (1 ) year term. The Mayor Pro Tempore shall perform the duties of the Mayor in case of the absence or inability of the Mayor to perform the duties of his office, and if a vacancy occurs shall become Mayor for the unexpired term. If the Mayor Pro Tempore is unwilling to assume the duties of Mayor in the event of a vacancy in that office, then the City Council shall fill the vacancy from their membership after the vacancy in the City Council is filled as provided in Section 7 of this Article. AMENDMENT NUMBER 5 Article III, Section 7 of the Charter of the City of Beaumont shall be amended to read as follows : Vacancies: A vacancy in a ward position, whether filled by the City Council or by election, shall be filled by a resident of the ward in which the vacancy occurred. Vacancies in the City Council where the same do not exceed two at any one time, shall be filled by a majority of the remaining members of the City Council and the person elected shall serve for the unexpired term only. When more than two vacancies occur, a special election shall be called to 5 - elect their successors to fill their unexpired terms; provided, however, if such vacancies occur within ninety (90) days prior to a general election, then no special election shall be called. But in that event, the remaining members of the City Council shall by a majority vote fill such vacancies and the person so elected shall serve only until the next general City election when such vacancies shall be filled. If four or more vacancies occur within ninety (90) days of a general election, then, and in that event, a special election shall be called to fill the vacancies and the persons so elected shall serve only until the next general City election when such vacancies shall be filled. AMENDMENT NUMBER 6 Article III, Section 8 of the Charter of the City of Beaumont shall be amended to read as follows : Meetings : The City Council shall meet at regular meetings each week unless postponed for valid reasons. Special meetings of the City Council shall be called by the City Clerk , at the request of the Mayor, City Manager or four (4 ) members of the City Council. Four (4 ) or more members of the City Council shall constitute a quorum for the transaction of business. All meetings of the City Council shall be held in a public place in the city of Beaumont. Meetings of the City Council shall be held in accordance with the laws of the State of Texas which require meetings of public bodies to be open to the public. AMENDMENT NUMBER 7 Article III, Section 12 of the Charter of the City of Beaumont shall be amended to read as follows: Auditors: Prior to the end of each fiscal year the City Council shall designate one or more qualified public accountants who shall make an independent audit of accounts and other evidence of financial transactions of the City government for the fiscal year for which appointed, and shall submit their report to the City Council. A summary of said report shall be published in a local newspaper within thirty ( 30) days after receipt of same. Special audits shall be made when deemed necessary by the City Council. The original reports of the city auditors shall be kept among the permanent records of the City. No auditor or firm of auditors shall serve as auditor for the City of Beaumont for more than four (4 ) successive years. 6 - AMENDMENT NUMBER 8 Article IV, Section 3, of the Charter of the City of Beaumont shall be amended to read as follows : General Elections Held: All elective officers under this charter shall be elected on regular election days as established by the Election Code of the State of Texas. Article IV, Section 5, shall be amended to read as follows : Elections and Nominations: Any qualified person may have his or her name placed on the official ballot as a candidate for the office of mayor or councilmember by filing with the mayor at least thirty ( 30) days prior to the date of the election a sworn application in substantially the following form: "I, do hereby declare that I am a candidate for the office of and request that my name be printed upon the official ballot for that particular office in the next City election. I am years of age, a qualified voter of the City of Beaumont, a resident of the United States and am not in arrears in the payment of any taxes or other liability to the City. At the present time I reside at Street, Ward in the City of Beaumont. Signature The application shall be verified before an officer qualified to administer oaths. AMENDMENT NUMBER 9 Article VI, Section 2 of the Charter of the City of Beaumont shall be amended to read as follows: Preparation and Submission of Budget: The City Manager, at least forty-five (45) days prior to the beginning of each budget year, shall submit to the City Council 7 - a a proposed budget and an explanatory budget message in the form and with the contents provided by Article VI, Sections 13 and 15. For such purpose, at such date as he shall determine, he, or an officer designated by him, shall obtain from the head of each office, department or agency, estimates of revenue and expenditures of that office, department, or agency detailed by organization, units and character and object of expenditure, and such other supporting data as he may request. Total proposed expenditures shall not exceed total. anticipated revenues in the City Manager' s proposed budget. In preparing the budget, the City Manager shall review the estimates, shall hold hearings thereon and may revise the estimates, as he may deem advisable. AMENDMENT NUMBER 10 Article VI, Section 15(a) of the Charter of the City of Beaumont shall be amended to read as follows: (a) Budget Preparation: The budget shall provide a complete financial plan for all funds for the fiscal year, which shall include (a) a budget message, (b) general summary, (c) detailed estimates of all anticipated revenues applicable to proposed expenditures, and (d) all proposed expenditures. The expenditures for general and special revenue funds shall be by function, department, activity, and by character and object. In funds other than general and revenue (enterprise funds) , the proposed expenditures shall be presented in an understandable manner according to the discretion of the City Manager. AMENDMENT NUMBER 11 Article VI, Section 15(b) is a new section and shall read as follows : (b) Enforcement of the Budget: The City Manager shall strictly enforce the provisions of the budget as specified in the ordinance adopting the budget. He shall not authorize or approve any expenditure unless an appropriation has been made in the budget ordinance adopting the budget, and there is an available unencumbered balance of the appropriation sufficient to pay the liability to be incurred. No officer or employee of the City shall place any orders or make any purchase except for the purposes authorized in the budget. Any officer or employee placing such orders or making such purchases may be held personally liable for same. 8 - d J /� i AMENDMENT NUMBER 12 Article VI, Section 21 of the Charter of the City of Beaumont shall be amended to read as follows : The Manager shall prepare and submit to the Council on or before April 1, 1987, a five (5 ) year planning budget to consist of estimated revenues and expenses for the City for each of the next five (5 ) years. This planning budget shall be revised and extended and presented to the Council on or before April 1 of each year after 1987. AMENDMENT NUMBER 13 Article VII, Section 1 of the Charter of the City of Beaumont shall be amended to read as follows: Director of Finance - General: The City Manager shall be the Director of Finance. He shall have control of the custody and disbursement of city funds and moneys according to ordinances and regulations of the City Council. He shall provide a standard surety company bond in such amount as the City Council may require, but not less than $250, 000, said bond to be underwritten by a recognized and approved surety company with a permit to do business within the State of Texas, the premium of which bond shall be paid out of the funds of the City. City Council may waive the bond requirement by ordinance upon a finding that the premium for such bond is such that purchase of the bond is not economically feasible. AMENDMENT NUMBER 14 Article VII, Section 7 of the Charter of the City of Beaumont shall be amended to read as follows : Purchase Procedure: All purchases made by the City of Beaumont shall be made in accordance with Tex.Rev.Civ.Stats. , Article 2368a, as such statute may be amended from time to time. The exemptions from the necessity of competitive bidding as established by State law are adopted. All contracts and purchases shall be handled so as to obtain the best value for the City, with bids or quotes solicited whenever practicable. Nothing herein shall apply to a contract for personal or professional services or to work done by the City and paid for by the day as such work progresses. 9 - AMENDMENT NUMBER 15 Article VII, Section 8 of the Charter of the City of Beaumont shall be amended to read as follows: Contracts for Improvements: Any city improvement costing more than $10,000 shall be executed by written contract except for such improvements authorized by the City Council to be executed directly by a City department in conformity with detailed plans, specifications and estimates. All such contracts for more than $10,000 shall be awarded to the lowest responsible bidder after such public notice and competition as may be prescribed by State law, provided the City Council shall have the power to reject all bids and advertise again. Alterations or change orders may be made or approved by the City Manager, provided such alterations or change orders do not increase the costs to the City more than ten ( 10) percent of the original amounts. Any single change in excess of $10,000 shall be approved by the City Council . Council shall receive a report on a monthly basis of all change orders approved by the City Manager within the ten (10) percent limit. AMENDMENT NUMBER 16 Article VIII: Article VIII of the Charter of the City of Beaumont is hereby repealed and a new Article VIII is hereby enacted to read as follows : Taxation: Article VIII, Section 1 : Division of Taxation. The Finance Officer of the City of Beaumont shall be responsible for the Division of Taxation of the City of Beaumont which shall assess and collect taxes. Article VIII, Section 2 : Power to Tax. The City Council shall have the power under the provision of State law to levy, assess and collect an annual tax upon taxable property within the city to the maximum provided by the Constitution and general laws of the State of Texas. Article VIII, Section 3 : Assessment of Taxes. All property, real, personal or mixed lying and being within the corporate limits of the City of Beaumont on the first - 10 - CW 1� i day of January in each year not expressly exempt by law shall be subject to annual taxation in accordance with the procedures set forth in the Constitution or general laws of the State of Texas. Article VIII, Section 4: Taxes; When Due and Payable. All taxes due to the City of Beaumont shall be payable at the office of the City collector of taxes as may be designated from time to time by the City Council and may be paid at any time after they fall due. Taxes shall be due and shall become delinquent as provided in the Texas Tax Code as amended, which code further provides for delinquent taxes, interest, attorney' s fees, penalty and procedures for the collection of taxes. Article VIII, Section 5 : Seizure and Sale of Personal Property. The seizure and sale of personal property for taxes due shall be accomplished according to the provisions of the Texas Tax Code, as amended. Article VIII, Section 6 : Tax Liens. The tax levied by the City shall be a first and prior lien upon the property upon which the tax is due which lien may be enforced and foreclosed according to the provisions of the Texas Tax Code, as amended. AMENDMENT NUMBER 17 Article XI, Section 1 of the Charter of the City of Beaumont shall be amended to read as follows : Power of Initiative Referendum: The electors shall have the power to propose any ordinance or to repeal any ordinance except an ordinance appropriating money, authorizing the levy of taxes, making the annual tax levy, or an ordinance authorizing the issuance of bonds which have been authorized by a vote of the people. AMENDMENT NUMBER 18 Article XI, Section 2 of the Charter of the City of Beaumont shall be amended to read as follows: Petition: Any proposed ordinance may be submitted to the City Council in the form in which the petitioner desires the same to be - 11 - 7 passed, by a petition filed with the City Clerk in the following manner: 1 . Any elector shall make application to the City Clerk and file an intention to circulate a petition giving the date and the proposed ordinance to be circulated. Unless the final petition, with the required number of signatures, is returned within sixty (60) days from this date, it shall not be received for any purpose. 2 . The petition must contain the names of a number of qualified voters in the city of Beaumont equal to five percent ( 5a ) of the the qualified voters of the city of Beaumont as appears on the latest available county voter registration list, as of the date of the last general municipal election. 3 . To be valid, a petition submitted for the purpose of complying with this section must: a) contain, in addition to the signature, each signer' s printed name, residence address, voting precinct number and voter registration number; b) contain on each page the text of the proposed ordinance to be circulated; and c) contain on each page the name of the person circulating the petition. The person circulating the petition must be an elector of the city. 4. Every person circulating any page of a petition shall file with the City Clerk a sworn statement containing his or her name, address, voting precinct number, voter registration number and a statement that: "I circulated this petition, I am an elector of the city of Beaumont and the signors freely signed this petition. " SWORN to this the day of , 19 Notary Public 12 - AMENDMENT NUMBER 19 Article XI, Section 3 of the Charter of the City of Beaumont shall be amended to read as follows: Duties of the Clerk: Each page comprising the petition shall be assembled and filed with the City Clerk as one instrument. Within ten (10) days after a petition is filed, the City Clerk shall determine whether each page of the petition complies with the requirements of Article XI, Section 2, and whether the petition is sufficient. After completing the examination of the petition, the City Clerk shall certify the result thereof to the City Council at its next regular meeting . If the petition is found by the Clerk to be insufficient, it shall be returned to the person filing same along with a written statement concerning the reasons for the insufficiency. The petition may be amended within ten (10) days after notice of insufficiency. The finding of the insufficiency of a petition shall not prejudice the filing of a new petition for the same purpose. AMENDMENT NUMBER 20 Article XI , Section 4 of the Charter of the City of Beaumont shall be amended to read as follows : Consideration by the Council: Whenever the City Council receives a certified petition from the City Clerk , it shall consider same and shall either (a) pass said ordinance within thirty ( 30) days after date of City Clerk ' s certificate of sufficiency to the petition; or (b) submit said proposed ordinance to a vote of the people at the next election date as set by the election code of the State of Texas, which is at least thirty ( 30) days after the date of the City Clerk' s certificate to the Council . AMENDMENT NUMBER 21 Article XI, Section 5 of the Charter of the City of Beaumont shall be amended to read as follows : Results of Election: If a majority of the electors voting on a proposed initiative or referendum ordinance shall vote in favor thereof, such ordinance shall thereupon become a valid and binding ordinance of the City of Beaumont. - 13 - AMENDMENT NUMBER 22 Article XI, Section 6 of the Charter of the City of Beaumont shall be amended to read as follows : Amendments: Initiative ordinances adopted by the electors may be amended or repealed as in the case of other ordinances, provided that no such ordinance shall be amended in such manner as to defeat its purpose nor may such ordinance be repealed sooner than six (6 ) months after its enactment. Ordinances which have been the subject of a successful referendum shall not be reenacted by the City Council sooner than six (6 ) months after their repeal by the referendum. AMENDMENT NUMBER 23 Article XI, Sections 7, 8, 9 and 10 of the Charter of the City of Beaumont shall be repealed. AMENDMENT NUMBER 24 ARTICLE XI, Section 14 of the Charter of the City of Beaumont shall be amended to read as follows : Recall Petitions: The recall petition, to be effective, must be returned and filed with the City Clerk within thirty (30) days after the filing of the sworn statement required in Article XI, Section 13, and it must be signed by qualified electors of the City of Beaumont equal to at least five percent (5%) of the qualified voters of the City of Beaumont as it appears on the latest available county voter registration list as of the date of the last general municipal election. Said petition shall conform to the provisions of Article XI , Section 2 . No petition paper shall be accepted as part of a petition unless it bears the signature of the City Clerk as required in Article XI, Section 13. AMENDMENT NUMBER 25 Article XI, Section 15 of the Charter of the City of Beaumont shall be amended to read as follows : Duties of the City Clerk: Each page comprising the petition shall be assembled and filed with the City Clerk as one instrument. Within ten ( 10) days - 14 - O-OP6 /e after a petition is filed, the City Clerk shall determine whether each page of the petition complies with the requirements of Article XI, Section 2, and whether the petition is sufficient. After completing the examination of the petition, the City Clerk shall certify the result thereof to the City Council at its next regular meeting, and notify the officer sought to be recalled of such action. If the petition is found by the City Clerk to be insufficient, it shall be returned to the person filing same along with a written statement concerning the reasons for the insufficiency . The petition may be amended within ten (10) days after notice of insufficiency. The finding of the insufficiency of a petition shall not prejudice the filing of a new petition for the same purpose. If the officer whose removal is sought does not resign within five (5 ) days after notice from the City Clerk of the sufficiency of the recall petition or amended recall petition, the City Council shall thereupon order and fix a date for holding a recall election. Any such election shall be held at the next election date as provided by the election code of the State of Texas, which is at least thirty (30) days after the date of the City Clerk ' s certificate to the City Council. AMENDMENT NUMBER 26 Article XVII, Section 1 of the Charter of the City of Beaumont shall be amended to read as follows: Boards , Committees and Commissions: With a goal of making boards, committees and commissions representative of the diversity of the population within the City of Beaumont, the City Council shall have the power to create by ordinance such boards, committees and commissions which it deems necessary to effectively carry on the business and welfare of the city. AMENDMENT NUMBER 27 Article XVII, Section 15 of the Charter of the City of Beaumont shall be amended to read as follows : Written Notice of Injury or Damage: Before the City of Beaumont shall be liable for personal injuries of any kind, the person injured or someone in his behalf shall give the City Council notice in writing of such injury within six (6 ) months after the same has been sustained, stating specifically in such notice when, where and how the injury occurred and the extent thereof, and the names and addresses of any person or persons, if any, witnessing the same, if such names and addresses can be ascertained by reasonable diligence. No officer 15 - ��O -4P or employee of the city shall have authority to waive any of the provisions of this section as to notice, but same may be waived only by a resolution of the City Council, made and passed before the expiration of the period herein provided, and evidenced by the minutes of the City Council . AMENDMENT NUMBER 28 Article XVII, Section 25 of the Charter of the City of Beaumont shall be amended to read as follows: a) Content: On or before December 31, 1986, the City Council shall adopt a comprehensive plan for the City of Beaumont to be composed of land use, parks and open space, transportation and economic development elements. Said comprehensive plan shall set forth, in graphic and textual form, policies to govern the future development of the city. Such plan and its elements shall cover the entire city and all of its functions and services. After the adoption of each element of the comprehensive plan, each such element shall be reviewed and readopted by the City Council of the City of Beaumont every two (2 ) years. Article XVII, Section 25(b) , is hereby amended to read as follows : b) Adoption: Upon receipt from the City Manager or his designee of a proposed comprehensive plan or any element thereof or a proposed modification of the existing plan or any element thereof, the City Council shall refer such proposal to the City Planning Commission which shall, within the time specified by City Council, report its recommendations thereon. After receipt of the recommendations of the City Planning Commission, the City Council shall hold a public hearing on the proposed comprehensive plan or element thereof or modification thereof and shall adopt it by resolution with or without amendment. AMENDMENT NUMBER 29 Article XVII, Section 25(d) of the Charter of the City of Beaumont is hereby repealed. 16 - Section 7 . The City Clerk is hereby directed to prepare the ballots for said election. On such ballot shall appear propositions corresponding to the proposed Charter amendments set forth above in Section 6, with provision on such ballots permitting voters to vote "Yes" or "No" on the propositions. Such propositions shall be as follows: PROPOSITION NUMBER 1 Shall Section 4 of Article I of the Charter of the City of Beaumont be amended to provide for written notice to those persons residing within an area to be annexed? YES 1-7 NO F-7 PROPOSITION NUMBER 2 Shall Section 3 of Article III of the Charter of the City of Beaumont be amended to remove the requirement of property ownership and residency for the Mayor and Council, which such requirements have been held unlawful , and shall the minimum age for the Mayor and Council be set at 21 years? Shall Section 4 of Article III of the Charter of the City of Beaumont be amended to delete the obsolete salary amounts for Mayor and Council but retain the right of the City Council to increase salaries by ordinance, but only for the next term of those Councilmen who enact such ordinance? Shall Section 6 of Article III of the Charter of the City of Beaumont be amended to set the term of the Mayor-Pro-Tempore at one (1 ) year? Shall Section 7 of Article III of the Charter of the Cityof Beaumont be amended to provide that a vacancy in a ward position must be filled by a resident of that ward? 17 - i Shall Section 8 of Article III of the Charter of the City of Beaumont be amended to remove the requirement for a 10:00 a.m. Tuesday meeting after elections? Shall such section further be amended to change the quorum requirement from 3 to 4 and to allow the City Council to meet at any public place in the city, such meetings to be held in compliance with the State Open Meetings law? Shall Section 12 of Article III of the Charter of the City of Beaumont be amended to increase the maximum number of years outside auditors may serve from two (2 ) years to four (4 ) years? YES Z_7 NO PROPOSITION NUMBER 3 Shall Section 2 of Article VI of the Charter of the City of Beaumont be amended to add a requirement for a balanced budget? Shall Section 15 of Article VI of the Charter of the City of Beaumont be amended to establish specific guidelines in place of the fifteen (15) specific items presently required to be included in a city budget? Shall Article VI of the Charter of the City of Beaumont be amended to add a new Section 15(a) which prohibits unbudgeted expenditures and provides that such expenditures may be a personal liability of the person who authorizes them? Shall Article VI of the Charter of the City of Beaumont be amended to add a new Section 21 to require the City Manager to present a mid-year five-year planning budget updated annually? PROPOSITION NUMBER 4 Shall Section 1 of Article VII of the Charter of the City of Beaumont be amended to increase the minimum amount of Surety Bond for the Director of Finance from Twenty-Five Thousand. Dollars ($25,000) to Two Hundred Fifty Thousand. 18 - i Dollars ($250,000) and provide for Council waiver of the bond premium if the premium is excessive? Shall Section 7 of Article VII of the Charter of the City of Beaumont be amended to require that all purchases of goods and services be made in accordance with the State law regulating such purchases? Shall Section 8 of Article VII of the Charter of the City of Beaumont be amended to increase to Ten Thousand Dollars ($10, 000) the size of a contract for city improvements which requires a written contract and formal bidding procedures? Shall such Section be further amended to allow the City Manager to approve Change Orders without Council approval so long as such Change Orders do not increase the cost to the city more than ten (10) percent of the original amount and with the requirement that any single Change Order in excess of Ten Thousand Dollars ($10, 000) shall be approved by the City Council? All Change Orders approved by the Manager must be reported to the Council on a monthly basis. YES F-7 NO F-7 PROPOSITION NUMBER 5 Shall Article VIII of the Charter of the City of Beaumont be repealed and a new Article VIII be enacted dealing with appraisal, assessment and collection of taxes to bring the Charter in compliance with the Texas Tax Code? YES F-7 NO F-7 PROPOSITION NUMBER 6 Shall Article XI of the Charter of the City of Beaumont be amended to enact new Sections 1, 2, 3 , 4, 5, 6 and repeal Sections 7, 8, 9 and 10 dealing with initiative referendum and recall such that the procedure for initiative referendum and recall shall be as follows? - 19 - i 1 . Application shall be made to the City Clerk giving the proposed subject matter of the ordinance whether it be an initiated ordinance, a referendum or a recall. The petition and signatures must be returned within sixty (60) days of such application. 2 . Signatures of qualified voters equal to five (5 ) percent of those qualified to vote as of the date of the last general municipal election are required for a petition to be valid. 3 . The petition must, for each signature, contain the printed name, precinct number and voter registration number. Each page of the petition must contain the text of the proposed ordinance to the name of the person subject to recall and the name of the person circulating the petition. 4. Persons circulating the petition must swear that the signor freely signed the petition. YES F-7 NO /-7 PROPOSITION NUMBER 7 Shall Section 1 of Article XVII be amended to establish a goal of making appointed boards, committees and commissions representative of the diversity of the population within the City of Beaumont? YES NO 1-7 PROPOSITION NUMBER 8 Shall Section 15 of Article XVII of the Charter of the City of Beaumont be amended to increase the time from sixty (60) days to six (6 ) months for a person to give the City written notice of an injury? - 20 - i YES NO PROPOSITION NUMBER 9 Shall the Comprehensive Plan consisting of land use, parks and open space, transportation and economic development elements be adopted on or before December 31, 1986? YES / _7 NO /_7 PROPOSITION NUMBER 10 Shall the obsolete effective date for Article XVII, Section 25 of the Charter dealing with the Comprehensive Plan be repealed. YES /__7 NO /__7 Section 8 . That an electronic voting system as described by Article 7 . 15, Texas Election Code, shall be used for said election and the following are hereby appointed officers of said election to serve at the Central Counting Station which is hereby established at the Jefferson County Mid-County Building: Manager of the Central Counting Station, Tom Lawrence; Tabulation Supervisor, Raymond McInnis; Presiding Judge of the Central Counting Station, Myrtle Corgey. The Manager and Presiding Judge of the Central Counting Station shall appoint not more than four (4 ) clerks to serve at the Central Counting Station. The official ballot cards and ballot labels, respectively, for the election shall be prepared in 21 - accordance with the Texas Election Code. Absentee voting shall be conducted by a clerk for Absentee Voting, namely Myrtle Corgey, the City Clerk , and the place in which the absentee voting shall be conducted as designated at the City Hall, Beaumont, Texas, which address is the mailing address to which absentee ballot applications and ballots voted by mail may be sent. Said clerk should keep said office open for at least eight (8) hours between 8: 00 a .m. and 5 :00 p.m. on each day for absentee voting which is not a Saturday, a Sunday, or an official State holiday; provided, however, except as authorized by Article 5 .05, Subdivision 3 (d) , Texas Election Code, said clerk shall not permit anyone to vote absentee by personal appearance on any day which is not a regular working day for the clerk ' s office, and under no circumstances shall she permit anyone to vote absentee by personal appearance at any time when her office is not open to the public. Absentee votes by mail shall be counted by a special canvassing board consisting of a presiding judge and two (2 ) clerks. E. A. Adams is hereby appointed Presiding Judge of the Special Canvassing Board and he shall appoint the two ( 2 ) clerks. Section 9 . Tha the election shall be held jointly with the Trustee Election of the Beaumont Independent School District in the thirteen (13) election precincts as set out in the order calling an election for two ( 2 ) trustees for the Beaumont Independent School District dated the 16th day of January, 1986, said election shall be held in accordance with the following terms of agreement between the Beaumont Independent School District and the City of Beaumont: 22 - i a) The expenses of the election within joint precints shall be divided with the City of Beaumont paying that part of said expenses represented by a ration of the number of voters voting in the city elec- tion to the total number of voters voting in the school district and the municipal election. b) Single ballot forms shall be used which shall contain the Councilmen positions, proposed Charter change propositions and BISD trustee positions and any other propositions which may be required by the City or the school district. c) The herein named election officer shall conduct the City and school district elections in said election precincts. d) Records for all elections shall be combined. e) One set of ballot boxes and stub boxes for all elections shall be used. f) Election returns shall be made on joint forms but the City Council of the City of Beaumont shall canvass the returns of the General Municipal Election. g) The City Clerk of the City of Beaumont is designated custodian of all reocrds and of the voting ballots. Section 10. A copy of this ordinance, both in the English language and in the Spanish language, signed by the Mayor of the City of Beaumont, Texas and attested by the City Clerk of said city, shall constitute the notice ordering said election and the City Clerk is directed to cause a copy of this ordinance, signed by the Mayor and attested by her, to be posted at the City Hall in the City of Beaumont, Jefferson County, Texas, said posting to be not less than - 23 - i twenty (20) days prior to said election and to cause a copy of this ordinance to be published on the same day in each of two (2 ) successive weeks in some newspaper of general circulation in the City of Beaumont, said publication to be made in accordance with the requirements of Article 1170, Vernon' s Annotated Civil Statutes, the first such publication to be made not less than fourteen (14) days before the date of said election. Section 11 . If any one or more of the propositions approved by the voters at the election held pursuant to this ordinance shall be held unconstitutional or invalid, for any reason, such unconstitutionality or invalidity shall not effect the validity of the remaining propositions. Section 12. This ordinance shall be finally passed on the date of its enactment and shall take effect immediately upon its passage and signature by the Mayor. The City Clerk is hereby authorized to attest to same and to affix the seal of the City of Beaumont hereto. Section 13. The Charter amendments proposed herein, if approved by the qualified voters of the City of Beaumont, shall be effective upon approval by canvassing by the City Council of the City of Beaumont. - 24 - PASSED BY THE CITY COUNCIL of the City of Beaumont this the t�74, day of i c - 1986. Mayo r - ATTEST: City AJk - 25 - i JUDGES' AND POLLING PLACES PRECINCTS POLLING PLACES JUDGES ALTERNATES Precinct 1 Edwards Education Center R. C. Bowers Mrs. George Coleman 4401 Detroit 4699 Steelton 2375 Pierce Precinct 2 French High School Louis B. Desoto Raymond Brown 4415 Concord 3250 Willowood 3015 Dogwood Precinct 3 French Elementary Etta Lois Hope John Ray 1900 Pope 3486 Magnolia 2355 Primrose Precinct 4 Wilbanks Elementary Albert W. Henry Colbert Wright 3395 Harrison 875 Central Drive 2925 North Precinct 5 Caldwood Elementary Maxine L. Barry Annette Riegal 102 Berkshire Lane 229 C. Caldwood 225 C. Caldwood Precinct 6 Beaumont-Charlton Pollard Beverly Morgan Vicky Lowrey 88 Royal Purple Drive 2490 Liberty 2556 Angelina Precinct 7 Instructional Media Cen. Christian A. Vieser Abbie Carter 2330 North Street 2425 Evalon 2475 Evalon Precinct 8 Gulf_ Coast Rod & Reel Victoria Crawford Melissa Sweet 2555 Gulf Street 480 Le thia P. 0. Box 2624 Precinct 10 Dick Dowling Elementary Loretta Oliver Leslie Cantue 1300 North Street 2248 Pecos 1075 Long Precinct 11 Jeff. County Courthouse Mrs. W. C. Ross John A. Kattawar 1149 Pearl 1348 Johns 285 Irma Precinct 12 Dunbar Elementary School Revordia Williams 820 Jackson 1414 Sherman Precinct 13 New Day Church Dalton Dominque Peaches Chatman 1305 Fulton 760 Fulton 1440 Fulton Precinct 14 Ogden Elementary School Ms. B. L. Thompson Florence Robichau 2300 Victoria 2250 Avenue A 1877 Terrell Precinct 15 David Crockett Mddl School Harvey Smith Lulan Blackmon 1400 Royal 2344 Avenue C 2227 Avenue E Precinct 16 Fletcher Elementary School Lance R. Cisneros Lillian B. Turner 1050 Avenue E 650 Avenue B 1043 Avenue E Precinct 17 Amelia Baptist Church Mildred Brown Jerry Browning (79) 8055 Brighton Drive 1075 Glendale 8830 Blaylock Precinct 18 West Brook 9th Grd Cntr Stella Melonson Leanna Mouton 3443 Fannett Road 4445 Booker 3175 Elinor Ave Precinct 19 Giles Education Center Elaine P. Porter Walter W. Porter 3500 Chaison 4145 Chaison 4145 Chaison i JUDGES & POLLING PLACES Page 2 Precinct 20 Pietzsch Elementary School Alma H. Wilkerson Lois Luke 4301 Highland Avenue 4285 Kenneth 4935 Howard Precinct 22 Christian Schools of Bmt Jackie Hubbard Mable S. Hogan 8001 Old Voth Road 10875 Old Voth Rd. 5660 Rosedale Precinct 23 1st Baptist Church of Voth Barbara Gibson Gladys Chambless P. 0. Box 366 VRS Route 3, Box A-29 Rt. 3, Box A9 Beaumont, Texas 77709 Bmt, Texas 77709 Precinct 27 Amelia Elementary Huberta Maynor Wanda Lowell (78) Major Drive 575 Eldridge 575 Blanton Precinct 39 Blanchette Elementary Elizabeth Guillory Floyd Guillory 2400 Lela 2465 Potts 2465 Potts Precinct 62 Sallie Curtis Elementary Naldia Reeves Myra Butler 6225 North Circuit 725 Yount Precinct 63 Lucas Elementary School Ms. Timmie Sam Ms. Honor Nobles 1750 East Lucas 1230 Fairway 325 E. Lucas Precinct 64 Tyrrell Park Elementary Mildred Neely Fannie Adams 21-28-31-35 5515 Phelps Road 5530 Seale Road 74-90-92 Precinct 65 Regina-Howell School James L. Noble Nolme Noble 5850 Regina 1335 Rikisha 1335 Rikisha Precinct 67 South Park High School J. 0. Keelan Ruth Keelan 4500 Highland Avenue 675 Zavalla 675 Zavalla Precinct 68 Austin Middle School Otis I. Stracener Frances Strachn (89) 3410 Austin 4745 Ebonwood Dr. 3780 Empire Row Precinct 72 Commissioner's Precinct #1 Olita Holmes Service Center 5840 Scenic Drive 4650 N. Major Drive Precinct 73 George Marshall Middle Schl Suzanne Weis Ken Weis 6455 Gladys 1045 Stacewood 1045 Stacewood Precinct 75 Lamar University William C. Dunshie Erma Dunshie (33) 4400 Pt. Arthur Road 4260 Pershing 4260 Pershing Precinct 77 St. Pius X Church Princess Hopson Jeraldine Sells 3355 McHale 5080 Helbig, Apt 65 5080 Helbig O 4 7O i JUDGES & POLLING PLACES Page 3 Precinct 84 Fehl School Catherine Alverson Vietta Collins Evans 3350 Blanchette 3026 Corley S. 9th Street Precinct 85 Binswanger Glass Company Vernon Durden Verlene Davenport 4225 College Street 4035 Parrish St 4390 Cartwright 842-5206 Precinct 86 West End Baptist Church Peggy Lind Minta Boudreaux (26) 8180 Calder 8160 White Road 270 Berry Road Precinct 87 Pine Burr Baptist Church Mary Ehrensberger Martha Zellers (88) 5095 Pine Burr 5670 Pineburr 5410 Concord