HomeMy WebLinkAboutORD 86-37 i
ORDINANCE NO. .3 7
ENTITLED AN ORDINANCE CANVASSING THE RETURNS OF
THE REGULAR CITY ELECTION HELD IN THE CITY OF
BEAUMONT ON THE 5TH DAY OF APRIL, 1986;
PROVIDING FOR SEVERABILITY AND PROVIDING FOR
REPEAL.
WHEREAS, the City Council of the City of Beaumont duly
called an election to be held on the 5th day of April, 1986, for
the purpose of voting on propositions to amend the City Charter;
and,
WHEREAS, the election was duly conducted on the 5th day
of April, 1986, at which the qualified voters of the City of
Beaumont cast ballots on the following propositions:
Proposition No. 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 /--7
NO /-7
Proposition No. 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?
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Shall Section 6 of Article III of the Charter
of the City of Beaumont be amended to set the
term of the Mayo r-Pro-Tempo re at one (1 )
ye ar?
Shall Section 7 of Article III of the Charter
of the City of Beaumont be amended to provide
that a vacancy in a ward position must be
filled by a resident of that ward?
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 / -7
NO /--7
Proposition No. 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
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require the City Manager to present a mid-year
five-year planning budget updated annually?
YES /-
NO F-7
Proposition No . 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 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 percent ( 10%) 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 /__7
NO /_7
Proposition No . 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?
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YES / /
NO F-7
Proposition No. 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?
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 percent ( 5% ) 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 /-7
NO /--7
Proposition No. 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?
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YES /-
NO F-7
Proposition No. 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?
YES F-7
NO /-7
Proposition No. 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 No. 10
Shall the obsolete effective date for Article
XVII, Section 25 of the Charter dealing with
the Comprehensive Plan be repealed?
YES F-7
NO /--7
and,
WHEREAS, after duly canvassing said returns, the City
Council found that the votes cast at said election for the several
propositions were as follows:
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Proposition No. 1 YES 10,622 NO 2,118
Proposition No. 2 YES 7, 637 NO 4, 352
Proposition No. 3 YES 8,641 NO 3,296
Proposition No. 4 YES 7, 338 NO 2,769
Proposition No. 5 YES 8, 500 NO 2,434
Proposition No. 6 YES 8, 881 NO 3, 102
Proposition No. 7 YES 6, 923 NO 4,679
Proposition No. 8 YES 6,449 NO 5,173
Proposition No . 9 YES 8, 142 NO 2, 983
Proposition No . 10 YES 7, 277 NO 3,405
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY OF BEAUMONT:
That the City Council finds that the election held in and
throughout the City of Beaumont, Texas on the 5th day of April,
1986, which election is more particularly described in the preamble
of this ordinance, was duly called and notice thereof was given and
said election was held under and in strict conformity with law;
that only duly qualified resident voters of said City voted at said
election; that due returns of said election have been made by the
proper officers; and, that said election has resulted in the
following outcome :
Proposition No. 1 PASSED
Proposition No . 2 PASSED
Proposition No. 3 PASSED
Proposition No. 4 PASSED
Proposition No . 5 PASSED
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Proposition No . 6 PASSED
Proposition No. 7 PASSED
Proposition No . 8 PASSED
Proposition No. 9 PASSED
Proposition No. 10 PASSED
Section 2 .
That if any section, subsection, sentence, clause or
phrase of this ordinance, or the application of same to a
particular set of persons or circumstances, should for any reason
be held to be invalid, such invalidity shall not affect the
remaining portions of this ordinance, and to such end the various
portions and provisions of this ordinance are declared to be
severable.
Section 3 .
That all ordinances or parts of ordinances in conflict
herewith are repealed to the extent of the conflict only.
PASSED BY THE CITY COUNCIL of the City of Beaumont this
the day of 1986.
Mayor -
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