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HomeMy WebLinkAboutORD 2-LINN AN ORDINANCE ENTITLED AN ORDINANCE ORDERING AN ELECTION TO BE HELD IN THE, CITY CSF' BEAUMONT, TEXAS, ON THE -23rd DAY OF MAY, 1936, TO DETERMINE WHETHER OR NOT THE PROPOSED NEW CHARTER FRAMED AND FILED WITH THE CITY CLERK OF THE CITY OF BEAUMONT ON THE 3rd DAY OF.MARCH, 1936, BY THE BEAUMONT CHAR TER COMMISSION, DULY ELECTED FOR THAT PURPOSE, SHALL BE ADOP- TED AS THE CHARTER OF THE CITY OF BEAUMONT; AND TO DETERMINE FURTHER WHETHER OR NOT THE PRIMARY ELECTION SYSTEM. FOR NOMI- NATION OF CANDIDATES FOR OFFICE SHALL BE ADOPTED -OR REJECTED; AND TO DETERMINE FURTHER WHETHER OR NOT THERE SHALL BE ADOPTED A PROPERTY QUALIFICATION OF ELECTIVE OFFICERS; NAMING THE TIME AND PLACE FOR HOLDING SAID ELECTION; PROVIDING THE OFFICERS TO HOLD ' SAID ELECTION; PROVIDING FOR THE MANNER OF HOLDING SAID' .ELECTION AND -THE FORM OF THE BALLOT TO BE USED THEREAT; GIVING NOTICE THEREOF. AND -DECLARING. AN EMERGENCY. WHEREAS, on the 9th day -of June, Ao D. 1928, the question "Shall a Commission be chosen to frame a new Charter" was submitted to the qualified voters of the City of Beaumont and at said election, at which such question was suomit,tea, a majority of.the qualified voters voting thereon, voted in the affirmative; and, WHEREAS, at said election, there was elected from the City at large a Charter Commission composed of fifteen (15) members by a majority vote of the qualified voters voting at said election; and,,. WHEREAS, the said Charter Commission has completed the work of framing a new Charter for the City of Beaumont' and by a majority vote of said Commission, adopted the charter so framed for submission to the qualified voters of the City of Beaumont, and said Charter Commission has filed with -the City Clerk of the City of Beaumont. their certified report of the action, of the said Charter Commission as follows: 3-31-193 CHARTER ELECTION An, election shall be held in the City. of Beaumont on the 23rd day -of May, A. D., 1936,. at such place or places as may be fixed by the present City Commission, at ,which election shall be submitted the question of the adoption or rejection of this Charter. The election to be held,in reference to the adoption or rejection of this. Charter shall be conducted and return thereof made and the r.e- sult thereof declared in. the manner prescribed by law.for holding such elections . in. home. rule cities of the size of Beaumont• At such election for,the adoption or rejection -of this Charter, the -Charter shall be submitted.as a whole to the voters and .thereafter there shall .be submitted as separate --questions, the question of the adoption: -or rejection of,the primary election system for nomination of cahlidates for offi-46, and -there' shall also be submitted the question of the adoption or rejection of -the property qualifications of elective- officers, and the form of ballot_ in vot- ing upon this Charter shall be .as„follows: "For the adoption of all of the proposed new Charter other than the provisions voted on.separately as set -out below.” "Against the adoption of all of the..proposed new Charter, other ,than the provisions voted on separately .as set out below." "For Section 3, of Article 7., providthe unary ng for Election System for nomination 'of ca idates." "Against Section 3, of Article, 7, providing for. the - Primary Election..System.*for nomination of candidates." !'For Section 3,.. -of Article -6, providing for property qualification of elective. offic.ers.11 "Against Section,3, of Article 6,- providing for property qualification of. elective officers-." Should; at such election said Charter be adopted, -.arid :..r: :.. .:. the electors vote in favor of the primary system for, nomination S of candidates, as incorporated in Section 3 of Article ?, then in such event Alternate Se'dtion 3-A of such Article shall not. be or become•a part of this Charter and shall be. of no further force and effect, but, should , the . primary ' election system for nomination of candidates._. as incorporated in Section 3 of Article .7-be--rejected- n- , then in.auch event Alternate Section 3-A of said Article shall be adopted ".as. the method of, nomination of. candidates, and Section 3 of Article. 7 shall not -'be or ' become a part of . this. Charter'. In the a event that-- Seotion 5 of said 'Article. be .adopted, then, the provisions. - of Section 4; shall be. adopted to require the placing of the names of -the candidates for each position or. office- under . the name of -the political party certifying such candidate,..but should the primary election system for nomination of candidates- be rejected; then -in.- such event -Section 4- shall ,provide that the names of the candidates for each- position or office :shall be placed in alphabetical -order of the sur -name of the candidates. Should At -such election the Charter be adopted, and should there also be. adopted the property qualifications of elective officers as provided -for -in Se.ction'3 of Article 6,.then in such event. Section 3 of Article 6 shall be and become a part -of this Charter, -and Alter- --nate.Section 3 (Secti.on.3-A), as provided in -this Charter, shall not be a part thereof. Should the property qualifications for. elective off icers be rejected at such election', -as contained _in -,Section 3 of Article 6, then in such event such section shall not be a part of this. Charter, but Alternate Section' 3 (Section 3-A) shall be and become a part of the Charter and adopted as apart therein*- :If.at such election the Charter shall'be adopted, then in such event elections shall thereafter be held- as provided by this Charter for the 'election of officers; and upon said officers being elected and -qualifying, this Charter shall then become effective.: Ile, -the undersigned members. of the Beaumont Charter Commission, commission, :certify that on -the 3rd -day of March 1936, 'the foregoing - Charte►. for the City of Beaumont was adopted by the Beaumont Charter Commission by majority vote for submission to a vote of thequalified voters of said City. Be E'.. quina .. Co A. - Culmore C. We Howth W. A. Priddie E. A. Fletcher _. A. . Babin S. W-, Pipkin J. S. Maida J. E. Broussard a, 8. Sawyer' _-J. L. -C. McFaddin. P. A. Dowlen Oliver J. Todd A� 3 -3) _)9 31.E and; WHEREAS, a copy of sa d Charter certified and submitted by said Cosmnission is on fil with the City Clerk of the City of Beaumont. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BEAUMONT: Section 1.. That an election shall be held in the City of Beaumont, Texas, on the 23rd day of May, 19362 at which election there shall be submitted to the qualified voters of said City whether or not the new charter framed by the said Charter Commission, duly elected for that purpose, shall be adopted as the Charter of the City of Beau- mont. Section 2. That the City Clerk of the City of Beaumont shall mail a copy of the said proposed Charter to each qualified voter of •said City as appears from the Tax Collectors roll for the year ending January 31st, 1936, and a copy of. said Charter, duly certified by-----, the Charter Conmission, shall be kept on file in t& office of the City Clerk of the City of Beaumont subject at all times to the in- spection of the public, and such copy mailed to each voter not less than thirty (30) days prior to said election, and said copy on file for public inspection, shall be sufficient notice of the contents of said proposed Charter. Section 3. That said election shall be held in the City of Beaumont at the following places, to -wit: In the First Ward at the Averill School Build- ing; Central Fire Station and Junker School Building. In the Second Ward at the City Hall. In the Third Ward at the Sabine Pass Fire Sta- tion; South Para Elementary School Building and David Crockett School Building. That all voters residing in County voting precincts numbers l and 2 in the City shall vote at Junker School Building; that all voters residing in County voting precincts numbers 3, 6 and 7 in the City shall vote at Central Fire Station; that all voters re- i931 siding in County voting precinct number 4 in the City shall vote at the Averill School Building; that all voters residing in County vot- ing precincts numbers 59 8 and 9 in the City shall vote at the City Hall; that all voters residing in County voting precincts numbers 10; 13 and 14 1n the City shall vote at the Sabine Pass Fire Station; that all voters residing in County voting precincts numbers 11 'and 12 in the City shall vote at David Crockett School Building; and that all voters residing in County voting precincts numbers 15, 16 and 17 in the City shall vote at South Park Elementary School Building. Section 4. That the following named persons are appointed presiding judges for their respective voting- boxes in said wards, with the authority to select and appoint their own. clerks: At the Junker School Building W. R. Carter At the Averill School Building J. R. Edmonds At the Central Fire- Station W. S. Siler At the City'Hall S. E. Bigham At the Sabine Pass Fire -Station Mrs. Ben Pipkin At .the South Park Elementary School Building T. A. Allen At the David Crockett School Building E. J. Ld Section 5. Said election shall be held under the provisions of the state law governing elections and under provisions of the Act of the 33rd Legislature, which was House Bill 13 of said Legislature, which is commonly known as Home Rule Statute, known as Articles 1165, 1166 and 1167 of the Revised Civil Statutes of Texas, 1925. Section 6. That at said election, the adoption or rejection of said Charter shall be submitted as a whole to the voters and thereafter there shall be submitted as separate questions, the question of the adoption or rejection of the primary election system for nomination of candi- dates for office -,.and there shall also be submitted the question of the adoption or rejection of the property qualifications of elective officers, and the form of the ballot in voting upon the Charter shall be in conformity with the order of the Charter Commission as follows: "For the adoption of all of the proposed new Charter other than the provisions voted on separately as set out below. 11 "Against the adoption of all of the proposed neva Charter, other than the provisions voted on sep- arately as set out below." "For Section 3, of Article 7, providing for the Primary Election System for nomination of candi- date s. ' "Against Section 3, of Article 7, providing for the Primary Election System for nomination of candidates." "For Section 3, of Article 6, providing for prop- erty qualification of elective officers." "Against Section 3, of Article 6, providing for property qualification of elective officers." Should, at such election said Charter be adopted, and the electors vote in favor of the primary system for nomination of candidates, as incorporated in Section 3 of Article 73, then in such event Alternate Section 3-A of such Article shall be of no further force and effect, but, should the primary election system for nomina- tion of candidates as incorporated in Section 3 of Article 7 be rejec- ted, then in such event Alternate Section 3-A of said Article shall be adopted.as the method of nomination of candidates, and Section 3 of Article 7 _ shall not be or become a part of said Charter. In the event that Section 3 of said Article be adopted, then the provisions of Section 4 shall be . adopted to require the placing of the names of the candidates for each position or office under the name of the political party certifying such candidate, but should the primary election system for nomination of candidates be rejected, then in such event Section 4 shall provide that the names of the candidates .,.for each position or office shall be placed in alphabetical order of the sur -name of the candidates. Should at such election the Charter be adopted, and should there also be adopted the property qualifications of elective officers as provided for in Section 3 of Article 6, then in such event Section 3 of Article 6 shall be and become a part of 'said Charter, and Alter- nate Section 3 (Section 3-A), as provided in said Charter, shall not be a part thereof. Should the property qualifications for elective officers be rejected at such election, as contained in Section 3 of Article 63, then in such event such section shall not be a part of said Charter, but Alternate Section 3 (Section 3-A.) shall .be and be- ,) QD come a part of the Charter and adopted as a part therein. Section 7. In accordance with the order of the Charter Commission, the ballot at said election for the adoption or rejection of said Charter shall read as follows: "For the adoption of all of the proposed new Charter, other than the. provisions voted on separately as set out below." "Against the adoption of all the proposed new (Charter, other than the provisions voted on separately as set out below." "For Section 3, of Article 7, providing for the Primary Election System for nomination of candidates." "Against Section 3, of Article 7, providing for the Pri- mary Election System for nomination of candidates." "For Section 33, of Article 6, providing for property qualification of elective officers." "Against Section 3, of Article 6, providing for property qualification of elective officers." Section 8. All. voters voting f or the adoption of any or all of the propositions above submitted shall run a line through the paragraph on said ballot which begins with the word "against" said proposition, and all voters voting against any or all of said propositions shall run a line through the paragraph beginning with the word. "for" said proposition. Section 9. That a copy of this ordinance signed by the Mayor of the City of Beaumont and attested by the City Clerk shall serve as proper notice of said election, and the Mayor is directed to cause said notices to be posted at each of the places designated for holding such election in the manner and for the time required by law. Section 10. The fact that said election must be held on the 23rd day of May, 1936, in accordance with the request of the Charter Commission and that the time will not permit delay, creates an imperative public necessity, necessitating the suspension of the rule requiring ordinances to be read on three separate days before adoption, and said rule is - therefore hereby suspended and this Ordinance shall tale effect and be in full force from and after its lawful passage. PASSED by the affirmative vote of all members of the City Comrission, this the 31st day of March, A. D. 1936. MAYOR.