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HomeMy WebLinkAboutORD 03-053 i ORDINANCE NO. 03-053 AN ORDINANCE OF THE CITY OF BEAUMONT, TEXAS, PROVIDING FOR A SPECIAL ELECTION TO BE HELD ON THE 13TH DAY OF SEPTEMBER, 2003, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED VOTERS OF THE CITY CERTAIN PROPOSED AMENDMENTS TO THE EXISTING CHARTER OF THE CITY; STATING THE SUBJECT MATTER OF THE PROPOSED AMENDMENTS TO THE CITY CHARTER TO BE VOTED UPON AT SAID ELECTION; DESIGNATING POLLING PLACES AND APPOINTING OFFICIALS FOR SUCH ELECTION; PROVIDING FOR A JOINT ELECTION WITH JEFFERSON COUNTY; AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That a special election is hereby called and ordered for the 13th day of September, 2003, at which election there shall be submitted to the qualified voters of the City for their action thereon propositions for certain proposed amendments to the existing Charter of the City of Beaumont. Such proposed amendments are as follows: PROPOSED AMENDMENT NO. 1 Should this Amendment be adopted and Amendment No.2 not be adopted,Section 2 of Article III of the Charter of the City of Beaumont, Texas, shall hereafter provide as follows: "ARTICLE 111. THE CITY COUNCIL "Section 2 — Number and Term: The City Council shall be composed of a Mayor and six (6) Councilmembers. Four (4) Councilmembers shall be designated as"ward Councilmembers," each of whom shall be elected only by the qualified voters residing in the ward from which each such ward Councilmember is elected. Each ward Councilmember shall reside in the ward to which such Councilmember is elected to represent. Two (2) Councilmembers shall be designated "Councilmembers-at-large;" and the Mayor and Councilmembers-at-large shall be elected by all the qualified Page 1 of 17 SAAGENDA\CITY CLERMSPECIAL ELECTION 7-22-03.WPD voters of the City. At the general election in 2004, the Mayor and at-large Councilmembers shall be elected to one (1) year terms. Thereafter, the Mayor and all Councilmembers shall be elected for two (2)year terms." PROPOSED AMENDMENT NO. 2 Should this Amendment be adopted and Amendment No. 1 not be adopted,Section 2 of Article III of the Charter of the City of Beaumont, Texas, shall hereafter provide as follows: "ARTICLE Ill. THE CITY COUNCIL "Section 2 — Number and Term: The City Council shall be composed of a Mayor and six (6) Councilmembers. Four (4) Councilmembers shall be designated as "ward Councilmembers,"each of whom shall be elected only by the qualified voters residing in the ward from which each such ward Councilmember is elected. Each ward Councilmember shall reside in the ward which such Councilmember is elected to represent. At the general election in 2004 and thereafter, there shall be two (2) Councilmembers designated Councilmembers-at-large elected from "Places;" one shall be elected from "Place I" by majority vote of all the qualified voters of the City and the other shall be elected from "Place II" by a majority vote of all the qualified voters of the City. At the general election in 2004 the Mayor and at-large Councilmembers shall be elected to three(3) year terms. Thereafter,the Mayor and all Councilmembers shall be elected for three (3) year terms." Section 4 of Article IV of the Charter of the City of Beaumont,Texas, shall hereafter provide as follows: "ARTICLE IV. ELECTIONS "Section 4 — ELECTION BY MAJORITY, VOTING AT LARGE, RUNOFF ELECTION:The candidate for Mayor receiving the majority of the votes cast by the qualified voters of the City for Mayor shall be declared elected. The candidate for Councilmember-at-large Place 1 receiving the majority of the votes cast by the qualified voters of the City for Councilmember-at-large Place 1 shall be declared elected. The candidate for Council member-at- large Place 2 receiving the majority of the votes cast by the qualified voters of the City for Councilmember-at-large Place 2 shall be declared elected. The candidate for ward Councilmember receiving the majority of votes cast by the qualified voters residing in the ward shall be declared elected; it being Page 2 of 17 SAAGENDXCITY CLEWSPECIAL ELECTION 7-22-03.WPD the intention of this section that each ward as it may hereafter exist shall have equal representation on the Council, but that the four (4) ward Councilmembers shall be voted upon only by the qualified voters residing in each of the four (4) wards established by the City Council as provided in Article I of this Charter. If no candidate for Mayor, Councilmember-at-large or ward Councilmember receives a majority of all votes cast in the general election forthe position forwhich he is a candidate,a runoff election for such position or positions shall be called to be held fourteen (14) days following the date of the general election, said runoff election to be held between the two (2) candidates who received the greatest number of votes cast in the general election for such position. In the event of any tie vote between two (2) or more candidates with the second greatest number of votes in the general election or in the event of a tie vote between the two (2)candidates in a runoff election, the respective candidates so tied shall cast lots to determine who shall be, in the first instance,the successful candidate for the runoff election or, in the second instance,the duly elected officer. All officers duly elected shall take office on the first Tuesday following the runoff election, if one is required, and, if no runoff election is required,then all said officers shall take office on the first Tuesday following the general election." Should Proposed Amendment No. 1 and Proposed Amendment No. 2 both be adopted, Section 2 of Article III and Section 4 of Article IV of the Charter of the City of Beaumont, Texas, shall hereafter provide as follows: "ARTICLE III. THE CITY COUNCIL "Section 2 — Number and Term: The City Council shall be composed of a Mayor and six (6) Councilmembers. Four (4) Councilmembers shall be designated as "ward Councilmembers,"each of whom shall be elected only by the qualified voters residing in the ward from which each such ward Councilmember is elected. Each ward Councilmember shall reside in the ward which such Councilmember is elected to represent. At the general election in 2004 and thereafter, there shall be two (2) Councilmembers designated Councilmembers-at-large elected from "Places;" one shall be elected from "Place I" by majority vote of all the qualified voters of the City and the other shall be elected from "Place II" by a majority vote of all the qualified voters of the City. At the general election in 2004 the Mayor and at-large Councilmembers shall be elected to one (1) year terms. Thereafter, the Mayor and all Councilmembers shall be elected for three (3) year terms." "ARTICLE IV. ELECTIONS Page 3 of 17 S:\AGENDA\CITY CLERMSPECIAL ELECTION 7-22-03.WPD "Section 4 — ELECTION BY MAJORITY, VOTING AT LARGE, RUNOFF ELECTION:The candidate for Mayor receiving the majority of the votes cast by the qualified voters of the City for Mayor shall be declared elected. The candidate for Councilmember-at-large Place 1 receiving the majority of the votes cast by the qualified voters of the City for Councilmember-at-large Place 1 shall be declared elected. The candidate for Councilmember-at- large Place 2 receiving the majority of the votes cast by the qualified voters of the City for Councilmember-at-large Place 2 shall be declared elected. The candidate forward Councilmember receiving the majority of votes cast by the qualified voters residing in the ward shall be declared elected; it being the intention of this section that each ward as it may hereafter exist shall have equal representation on the Council, but that the four (4) ward Councilmembers shall be voted upon only by the qualified voters residing in each of the four (4) wards established by the City Council as provided in Article I of this Charter. If no candidate for Mayor, Councilmember-at-large or ward Councilmember receives a majority of all votes cast in the general election forthe position forwhich he is a candidate,a runoff election for such position or positions shall be called to be held fourteen (14) days following the date of the general election, said runoff election to be held between the two (2) candidates who received the greatest number of votes cast in the general election for such position. In the event of any tie vote between two (2) or more candidates with the second greatest number of votes in the general election or in the event of a tie vote between the two (2) candidates in a runoff election, the respective candidates so tied shall cast lots to determine who shall be, in the first instance,the successful candidate forthe runoff election or, in the second instance,the duly elected officer. All officers duly elected shall take office on the first Tuesday following the runoff election, if one is required, and, if no runoff election is required, then all said officers shall take office on the first Tuesday following the general election." PROPOSED AMENDMENT NO. 3 Section 21 of Article VI of the Charter of the City of Beaumont, Texas, shall be repealed. Page 4 of 17 SAAGENDAUTY CLERKISPECIAL ELECTION 7-22-03.WPD PROPOSED AMENDMENT NO. 4 Section 1 of Article VII of the Charter of the City of Beaumont,Texas,shall hereafter provide as follows: "ARTICLE VII. FINANCE ADMINISTRATION "Section 1 —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 monies according to ordinances and regulations of the City Council. If required by 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. PROPOSED AMENDMENT NO. 5 Section 2(f) of Article VII of the Charter of the City of Beaumont, Texas, shall be repealed. PROPOSED AMENDMENT NO. 6 Section 7 and Section 8 of Article VII of the Charter of the City of Beaumont,Texas, shall hereafter provide as follows: "ARTICLE VII. FINANCE ADMINISTRATION "Section 7 — Purchase Procedure: All purchases made by the City of Beaumont shall be made in accordance with the Texas Local Government Code as it 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. "Section 8—Contracts for Improvements:Contracts for City improvements shall be executed in accordance with the Texas Local Government Code as it may be amended from time to time. 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 cost to the City more than ten (10)percent of the Page 5 of 17 SAAGENDA\CITY CLERMSPECIAL ELECTION 7-22-03.WPD 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. PROPOSED AMENDMENT NO. 7 Section 1 of Article VIII of the Charter of the City of Beaumont, Texas, shall hereafter provide as follows: "ARTICLE VIII. TAXATION "Section 1 — Division of Taxation: The Finance Officer of the City of Beaumont shall be responsible for assuring that the assessing and collection of taxes is done in the best interest of the City of Beaumont." PROPOSED AMENDMENT NO. 8 Section 4 of Article VIII of the Charter of the City of Beaumont, Texas, shall hereafter provide as follows: "ARTICLE Vlll. TAXATION "Section 4 — Taxes; When Due and Payable: All taxes due to the City of Beaumont shall be payable at the entity designated by the City to collect taxes for the City of Beaumont. 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, attorneys fees, penalty, and procedures for the collection of taxes." PROPOSED AMENDMENT NO. 9 Section 4 of Article XI I of the Charter of the City of Beaumont,Texas,shall hereafter provide as follows: "ARTICLE XII. LAW—MUNICIPAL COURT "Section 4 — Clerk of Court: The City Manager shall appoint the Clerk of Municipal Court. The Clerk and the deputies to the Clerk shall have the power to administer oaths and affidavits, make certificates, affix the seal of the said court thereto and generally do and perform any and all acts usual and necessary by clerks of courts in issuing processes of said courts and conducting the business thereof." Page 6 of 17 SAAGENDXCITY CLERK\sPECIAL ELECTION 7-22-03.wPD PROPOSED AMENDMENT NO. 10 Section 2 of Article XIV of the Charter of the City of Beaumont, Texas, shall hereafter provide as follows: "ARTICLE XIV. STREET AND SIDEWALK IMPROVEMENT "Section 2 — Street and Sidewalk Improvements: The City of Beaumont shall have dominion,control and jurisdiction in,upon,and overand underthe public streets,avenues,sidewalks,alleys and highways of the City,and may provide for the improvement thereof by paving, repaving, raising, lowering, grading, draining or otherwise. The provisions of the Texas Transportation Code of the State of Texas, Chapter 313, together with existing and future amendments, are expressly adopted and made a part of this charter." PROPOSED AMENDMENT NO. 11 Section 8 of Article XVII of the Charter of the City of Beaumont, Texas, shall hereafter provide as follows: "ARTICLE XVII. GENERAL PROVISIONS "Section 8 — No Officer or Employee to Accept Gifts: No officer or employee of the City of Beaumont shall ever accept,directly or indirectly,any gift, favor, privilege or employment with a value in excess of$100 from any public utility corporation enjoying the grant of any franchise, privilege or easement from the City during the term of office of such officer or during such employment of such employee except as may be authorized by law or ordinance; provided, however, that policemen or firemen in uniform or wearing their official badges may accept such free service where the same is permitted by ordinance. Any officer or employee of the City who shall violate the provisions of this section shall be guilty of a misdemeanor and may be punished by any fine that may be prescribed by ordinance for this offense and shall forthwith be removed from office." PROPOSED AMENDMENT NO. 12 Should Amendment 11 and this amendment be adopted, then Section 8 of Article XVII of the Charter of the City of Beaumont, Texas, shall hereafter provide as follows: "ARTICLE XVII. GENERAL PROVISIONS Page 7 of 17 SAAGENDMCITY CLERMSPECIAL ELECTION 7-22-03.WPD "Section 8 — No Officer or Employee to Accept Gifts: No officer or employee of the City of Beaumont shall ever accept,directly or indirectly,any gift, favor, or privilege with a value in excess of$100 from any public utility corporation enjoying the grant of any franchise, privilege or easement from the City during the term of office of such officer or during such employment of such employee except as may be authorized by law or ordinance; provided, however, that policemen or firemen in uniform or wearing their official badges may accept such free service where the same is permitted by ordinance. Any officer or employee of the City who shall violate the provisions of this section shall be guilty of a misdemeanor and may be punished by any fine that may be prescribed by ordinance for this offense and shall forthwith be removed from office." Should only Amendment 12 be adopted,then Section 8 of ArticleXVll of the Charter of the City of Beaumont, Texas, shall hereafter provide as follows: "Section 8 — No Officer or Employee to Accept Gifts: No officer or employee of the City of Beaumont shall ever accept,directly or indirectly,any gift, favor, or privilege from any public utility corporation enjoying the grant of any franchise,privilege or easement from the City during the term of office of such officer or during such employment of such employee except as may be authorized by law or ordinance; provided, however, that policemen or firemen in uniform or wearing their official badges may accept such free service where the same is permitted by ordinance. Any officer or employee of the City who shall violate the provisions of this section shall be guilty of a misdemeanor and may be punished by any fine that may be prescribed by ordinance for this offense and shall forthwith be removed from office." PROPOSED AMENDMENT NO. 13 Section 18 of Article XVII of the Charter of the City of Beaumont, Texas, shall be repealed. Page 8 of 17 S:IAGENDAICITY CLERMSPECIAL ELECTION 7-22-03.WPD PROPOSED AMENDMENT NO. 14 Section 19 of Article XVII of the Charter of the City of Beaumont, Texas, shall be repealed. PROPOSED AMENDMENT NO. 15 Section 23 of Article XVII of the Charter of the City of Beaumont, Texas, shall be repealed. PROPOSED AMENDMENT NO. 16 Section 25(a) of Article XVII of the Charter of the City of Beaumont, Texas, shall hereafter provide as follows: "ARTICLE XVII. GENERAL PROVISIONS "Section 25(a) — Content: 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 element shall be reviewed and readopted by the City Council as directed by the City Council." PROPOSED AMENDMENT NO. 17 Article XVII of the Charter of the City of Beaumont, Texas, shall hereafter be amended to add a new subsection 26 to read as follows: "ARTICLE XVII. GENERAL PROVISIONS "Section 26 — Service Fees: The City Council of the City of Beaumont is hereby authorized by ordinance to impose fees as necessary to help fund Emergency Medical Services, Transit services and street rehabilitation projects." PROPOSED AMENDMENT NO 18 Section 4 of Article V of the Charter of the City of Beaumont, Texas, shall hereafter provide as follows: Page 9 of 17 SAAGENOXCITY CLERMSPECIAL ELECTION 7-22-03.WPD "ARTICLE V. THE CITY MANAGER "Section 4 — Interference by City Council Prohibited: Neither the City Council nor any of its committees or members shall dictate the appointment of any person to, or removal from, office or employment or discipline by the City Manager or any of his subordinates or in any manner interfere in the appointment or removal or discipline of employees under the City Manager's authority." PROPOSED AMENDMENT NO. 19 Section 16 of Article XVII of the Charter of the City of Beaumont, Texas, shall hereafter provide as follows: "ARTICLE XVII. GENERAL PROVISIONS "Section 16 — Disabled Employees, Pensions, Insurance: The City shall provide a disability and pension plan in accordance with the rules and regulations of the Texas Municipal Retirement System. City Council shall have authority to provide for rules and regulations for maintaining employees when injured and disabled while performing their duties or it may provide for such plan of insurance as it deems proper. All those falling under the heading of employees in this charter and who are employed by the City when the same is in effect, shall be entitled to a credit for the years of continuous service heretofore served; provided, however, that any payment under this provision shall never constitute a waiver or estop the City from asserting any defenses it might have under Section 15 of Article XVII of this charter." Section 2. Said election shall be held jointly with Jefferson County in accordance with the provision of the Texas Election Code and as outlined in the terms of an agreement to be entered into with Jefferson County. 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. The persons whose names appear in Exhibit"A"are appointed presiding judges and alternates for the respective polling places with authority to select and appoint clerks. Pursuant to Sections 32.032 and 32.033 of the Texas Page 10 of 17 S:%AGENDA\CITY CLERK1sPECIAL ELECTION 7-22-03.waD Election Code, the presiding judge for each election precinct shall appoint a minimum of two (2)clerks, and the City Clerk may authorize as many additional clerks as are deemed necessary for the proper conduct of the election. Section 4. That notice and order of said election shall be given by posting and _ publishing said notice and order as provided by the Texas Election Code. Section 5. That a punch card voting system, as described by Title 8 of the 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 Mid-County Office Building, 2748 Viterbo Road, Nederland, Texas; Manager of the Central Counting Station, Byron Broussard; Tabulation Supervisors, Paul Helejda and Ken Seholm; Presiding Judge of the Central Counting Station, Betty Braxton, Deputy City Clerk. The official ballots, ballot cards, and ballot labels, respectively, for the election shall be prepared in accordance with the Texas Election Code. Section 6. That the City Clerk is hereby appointed clerk for early voting; and pursuant to Sec. 83.034 of the Texas Election Code,the appointment of Betty Braxton as deputy early voting clerk is approved, said appointment being without additional compensation. The City Clerk may authorize as many additional clerks as are deemed necessary for the proper conduction of the election. Early voting by personal appearance shall be conducted at the City Hall, City Clerk's Office, Room 125, 801 Main Street, Beaumont, Texas, 77701, and at those sites as shown on Exhibit `B." Early voting ballot applications and ballots voted by mail shall be sent to the City Clerk's Office, P. O. Box 3827, Beaumont,Texas, 77704-3827. The clerk shall keep the said office open for at least Page 11 of 17 S:WGENDXCITY CLERKISPECIAL ELECTION 7-22-03.WPD i eight(8) hours between 8:00 a.m. and 5:00 p.m. on each day for early voting which is not a Saturday, a Sunday, or an official State holiday beginning on the seventeenth (17th)day and continuing through the fourth (4th) day preceding the date of such election; provided, however,except as authorized by Section 85.005(a),Texas Election Code,said clerk shall not permit anyone to vote early 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 early by personal appearance at any time when her office is not open to the public. Section 7. That early votes by personal appearance and by mail shall be counted by an early voting ballot board consisting of a presiding judge and two clerks, and the City Clerk may authorize as many additional clerks as are deemed necessary. Anna Bell Douglas of 2320 Cartwright, Beaumont, Texas, 77701, is hereby appointed Presiding Judge of the Early Voting Ballot Board; and she shall appoint the clerks. Early votes shall be canvassed and returned by the Early Voting Ballot Board to the Central Counting Station by 7:00 p.m. on election day. Section 8. If any person or persons appointed herein do not appear, are unable to perform their duties, or fail to perform their duties,the Mayor shall have the discretion and authority to appoint any substitute personnel to fill the position(s). Section 9. That the ballot of said election shall conform to the requirements of the Texas Election Code, as amended, and on such ballot shall appear propositions corresponding to each of the proposed charter amendments set forth above in Section 1, with the provision on such ballot permitting voters to vote "Yes" or "No" on each charter proposition. Page 12 of 17 S:\AGENDA\CITY CLERK\spECIAL ELECTION 7-22-03.wpD Such propositions shall provide as follows: CHARTER PROPOSITION NO. 1 Shall Section 2 of Article III and Section 4 of Article IV of the Charter of the City of Beaumont be amended such that all Council members and the Mayor are elected at the same election? CHARTER PROPOSITION NO. 2 Shall Section 2 of Article III and Section 4 of Article IV of the Charter of the City of Beaumont be amended to increase the term of all Council members and the Mayor from two (2)to three (3) years? CHARTER PROPOSITION NO. 3 Shall Section 21 of Article VI of the Charter of the City of Beaumont be amended to repeal the requirement for the City Manager to submit a five (5) year planning budget each year because it has been of little assistance in financial planning? CHARTER PROPOSITION NO. 4 Shall Section 1 of Article VII of the Charter of the City of Beaumont be amended to require that a $250,000 surety bond which protects against financial misconduct by the City Manager be obtained only when directed by the City Council of the City of Beaumont? Page 13 of 17 SAAGENDXCITY CLERK1sPECIAL ELECTION 7-22-03.WPD I CHARTER PROPOSITION NO. 5 Shall Section 2(f) of Article VII of the Charter of the City of Beaumont be repealed to remove the requirement that the City Manager be responsible for certain assessment and other tax matters that are currently done by other governmental entities? CHARTER PROPOSITION NO. 6 Shall Section 7 and Section 8 of Article VII of the Charter of the City of Beaumont be amended to change the specific requirements in Article VII dealing with purchasing and contracting by the City to state that purchasing and contracting by the City will be done in accordance with the Texas Local Government Code? CHARTER PROPOSITION NO. 7 Shall Section 1 of Article VIII of the Charter of the City of Beaumont be amended to remove references to a "Division of Taxation,"which no longer exists, and replace with a requirement that the Finance Director be responsible for assuring that the assessing and collection of taxes is done in the best interest of the City of Beaumont? CHARTER PROPOSITION NO. 8 Shall Section 4 of Article VIII of the Charter of the City of Beaumont be amended to remove references to the "City Collector of Taxes," which no longer exists, and replace that phrase with "the entity designated by the City to collect taxes for the City of Beaumont?" CHARTER PROPOSITION NO. 9 Shall Section 4 of Article XII of the Charter of the City of Beaumont be amended to state that the City Manager shall appoint the Clerk of Municipal Court rather than the City Clerk so that the appointment would be done like the appointment of other department heads? CHARTER PROPOSITION NO. 10 Shall Section 2 of Article XIV of the Charter of the City of Beaumont be amended to remove the reference in Article XIV to a statute that has been repealed and replace it with a reference to the "Transportation Code of the State of Texas?" Page 14 of 17 SAAGENDA\CITY CLERK\SPECIAL ELECTION 7-22-03.wPD CHARTER PROPOSITION NO. 11 Shall Section 8 of Article XVII of the Charter of the City of Beaumont be amended to set an upper limit of $100 on the value of a gift, favor or privilege from a public utility to a City officer or employee? CHARTER PROPOSITION NO. 12 Shall Section 8 of Article XVII of the Charter of the City of Beaumont be amended to allow employees of public utilities which have a franchise from the City of Beaumont to be employed or become officers of the City of Beaumont? CHARTER PROPOSITION NO. 13 Shall Section 18 of Article XVII of the Charter of the City of Beaumont be repealed to remove the method by which the City would transfer port properties to a port district because such transfer has already occurred? CHARTER PROPOSITION NO. 14 Shall Section 19 of Article XVII of the Charter of the City of Beaumont be repealed to remove the requirement that the City relinquish all control over the Beaumont Independent School District because such relinquishment has already occurred? CHARTER PROPOSITION NO. 15 Shall Section 23 of Article XVII of the Charter of the City of Beaumont be repealed to remove the procedures which were used after the adoption of this original charter because the procedures are no longer needed? CHARTER PROPOSITION NO. 16 Shall Section 25(a)of Article XVI I of the Charter of the City of Beaumont be amended to require that, instead of being readopted every two(2)years,the Comprehensive Plan of the City of Beaumont shall be reviewed and readopted as required by City Council? CHARTER PROPOSITION NO. 17 Shall Article XVII of the Charter of the City of Beaumont be amended to add Section 26, "Service Fees," authorizing the City Council to impose fees as Page 15 of 17 SAAGENDXCITY CLEWSPECIAL ELECTION 7-22-03.WPD necessary to help fund Emergency Medical Services, Transit services and street rehabilitation projects? CHARTER PROPOSITION NO. 18 Shall Section 4 of Article V of the Charter of the City of Beaumont be amended to prohibit members of the City Council from interfering in the appointment, removal or discipline of employees under the City Manager's authority? CHARTER PROPOSITION NO. 19 Shall Section 16 of Article XVII of the Charter of the City of Beaumont be amended to recognize that the City of Beaumont has adopted a pension plan for its employees under the Texas Municipal Retirement System? Section 10. 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 or adjudged unconstitutional by a court of competent jurisdiction, 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; and the City Council of the City of Beaumont, Texas, declares it would have passed each and every part of the same notwithstanding the omission of any such part thus declared to be invalid or unconstitutional, or whether there be one or more parts. Page 16 of 17 S:\AGENDA\CITY CLERK\sPECIAL ELECTION 7-22-03.wPD Section 11. That all ordinances or parts of ordinances inconsistent or in conflict herewith are, to the extent of such inconsistency or conflict, hereby repealed. PASSED BY THE CITY COUNCIL of the City of Beaumont this the o24Dday of D'Uia— 2003. - Mayor- ATTEST: Susan Henderson, City Clerk Page 17 of 17 SAAGENDXCITY CLEWsPECIAL ELECTION 7-22-03.WPD i EXHIBIT "A" -2003 ELECTION ORDINANCE EXHIBA "UN" -2003 ORDENANZA de la ELECCION PRECINCT POLLING LOCATION JUDGE ALTERNATE LA ZONA LA UBICACION que SONDEA EL JUEZ ALTERNO 001 French Elementary School Don E. Hegele Yvonne Smith 3525 Cleveland Avenue Beaumont, TX 77703 002 Smith Middle School Bettye Desoto Louis DeSoto 4415 Concord Beaumont, Texas 77703 003 Brown Alternative Center Etta Lois Hope Thelma Fielder 1900 Pope Beaumont, Texas 77703 004 Administration Building Dr. Bruce Drury Gary Tucker 3395 Harrison Avenue Beaumont, Texas 77706 005 Caldwood Elementary Bettie Norwood Jimmie O'Neal 102 Berkshire Lane Beaumont, Texas 77707 006 Central Senior High School Celeste Johnson Mary Sue Williams 88 Jaguar Beaumont, Texas 77702 007 O. C. "Mike" Taylor Career Judy Boutte Jean Runnels Center 2330 North Beaumont, Texas 77702 008 Magnolia Baptist Church Edward Sigee Jo Helen Stephens 2830 Pine Street Beaumont, Texas 77703 10 Scott Olive Baptist Church Nannette Cantue Leslie Cantue 1050 Ewing Street Beaumont, Texas 77701 11 Jefferson County Courthouse Rose Marie Owens Lorenzo Owens 1149 Pearl Beaumont, Texas 77701 012, 013 Dunbar Elementary Lenna Winn Katherine Fontenot 825 Jackson Beaumont, Texas 77701 1 014 Ogden Elementary School Lillian Frye Marilyn Frazier 2300 Victoria Beaumont, Texas 77701 015 King Middle School Annie Pumphrey Kim Lewis 1400 Avenue A Beaumont, Texas 77701 016 Fletcher Elementary School Herman Davis, Jr. Rose Davis 1055 Avenue F Beaumont, Texas 77701 017, 026, 090 Municipal Airport Donna Hargraves Melynia Revia 455 Keith Road Beaumont, Texas 77713 018 Ozen High School Dorothy S. Thomas Levora Anderson 3443 Fannett Road Beaumont, Texas 77705 019 BISD Administration, Annex Leo Lemell Irene Gorrell 1025 Woodrow Beaumont, Texas 77705 020 Pietzsch Elementary Grace DeMary Isadora Thomas 4301 Highland Avenue Beaumont, Texas 77705 021 Precinct 4 Barn Sherrie Fitzgerald Judy LaBauve 2202 Hebert Road @ Guffey Beaumont, Texas 77705' 022 Guess Elementary School Vickie Clement Hanna Clement 8055 Old Voth Road Beaumont, Texas 77713 023 Rosedale Baptist Church Lucille Bryant Wallace Bryant 7110 Concord Beaumont, Texas 77708 027, 078, 086 Amelia Elementary Huberta Maynor Maydell Janecka 565 South Major Drive Beaumont, Texas 77707 039 Blanchette Elementary Maudry Plummer Isabelle Sonnier 2400 Lela Beaumont, Texas 77705 062 Sallie Curtis Elementary Ward McCurtain Edna McCurtain 6225 North Circuit Beaumont, Texas 77706 063 Lucas Elementary Thelma Nobles Sallie Cannon 1750 East Lucas Beaumont, Texas 77703 064, 092 Beaumont Community Players Mary B. Francis Leona Moore 5515 Phelps Beaumont, Texas 77705 065 Regina-Howell School Blythe Bardsley Ruby Bardsley 5850 Regina Lane Beaumont, Texas 77706 067 South Park Middle School Viola Koenig Marjorie Applebach 4500 Highland Avenue Beaumont, Texas 77705 068 Austin Middle School Bobby T. Cowart Dot Wilkerson 3410 Austin Beaumont, Texas 77706 072 Wesley United Methodist Mary C. Hall Wilma Colliins Church 3810 N. Major Beaumont, Texas 77713 073 George Marshall Middle School Ella Sanders John Clayton 6455 Gladys Beaumont, Texas 77706 075 Lamar University, McDonald Janice R. Marrou Brenda Toliver Gym 4400 MLK, Jr., Pkwy. Beaumont, Texas 77705 077 St. Pius X Church Schieketha E. Lois Simmons 5075 Bigner Road Simmons Beaumont, Texas 77707 079, 100 Tennis Center John Mistrot Mary Malone 6455 College Beaumont, Texas 77707 084 Fehl School Ora Magee Carolyn Calhoun 3350 Blanchette Beaumont, Texas 77701 085 OCAW Hall Alice Dyes Verlene Davenport 2490 South 11th Street Beaumont, Texas 77701 087, 088, 099 Pine Burr Baptist Church Mary Ehrensberger Mae Isabel 5095 Bine Burr Beaumont, Texas 77708 089 Ridgewood Retirement Center Ruth Cole Jaquelyn Goodie 2520 IH 10E Beaumont, Texas 77703 092 First Baptist Church Arlene Cartwright Abby Cormier 7301 Blewett Road Beaumont, Texas 77705 104 Calvary Baptist Church Helen Stone Eloise Stone 3650 Dowlen Road Beaumont, Texas 77706 116 West End YMCA Christine Gavrelos Sharon Hughes 3650 Dowlen Road Beaumont, Texas 77706 EVB Beaumont City Hall Annie Bell Douglas 801 Main Street, Room 125 Beaumont, TX 77701 EVB Beaumont City Hall Kathie Walker 801 Main Street, Room 125 Beaumont, TX 77701 w EXHIBIT B EARLY VOTING LOCATIONS SPECIAL CONSTITUTIONAL AMENDMENT ELECTION AND SPECIAL CHARTER AMENDMENT ELECTION, CITY OF BEAUMONT SEPTEMBER 13,2003 1. CITY CLERK'S OFFICE BEAUMONT CITY HALL 801 MAIN STREET ROOM 125 BEAUMONT TEXAS 77701 2. JEFFERSON COUNTY CLERK'S OFFICE JEFFERSON COUNTY COURTHOUSE 1101 PEARL STREET, 1ST FLOOR BEAUMONT TEXAS 77701 3. STADIUM SHOPPING CENTER" 3200 AVENUE A, SUITE B BEAUMONT TEXAS 77705 "FORMERLY CHANGING OF THE TIMES BEAUTY SALON 4. LUCKY SEVEN#10 4005 MAGNOLIA STREET BEAUMONT TEXAS 77703 5. ROGER'S PARK COMMUNITY CENTER 1455 DOWLEN ROAD BEAUMONT TEXAS 77706