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HomeMy WebLinkAboutORD 72-7-A' KEWJr/im/l/26/72 ' ORDINANCE NO. -t?-- ' AT ENTITLED AN ORDINANCE CANVASSING THE RETURNS AND DECLARING THE RESULTS OF AN ELECTION HELD IN THE CITY OF BEAUMONT ON THE 25TH DAY OF JANUARY, 1972, UPON THE QUESTION OF ADOPTING AMENDMENTS TO THE CITY CHARTER OF THE CITY OF BEAUMONT; AND PROVIDING FOR SEVERABILITY. WHEREAS, heretofore on December 21, 1971, the City Council of the City of Beaumont passed an ordinance calling an election on the question of adopting amendments to the City Charter of the City of Beaumont, said election to be held in said City on the 25th day of January, 1972; and, WHEREAS, it appears that the requirements of the law as to giving of proper notice of the Council's intention to pass an ordinance submitting the aforesaid amendments, and all requirements of the law respecting the submission of amendments of the City to a City Charter to the qualified voters were in all respects lawfully and properly performed and executed; and, WHEREAS, notice of said election was.accordingly given as required by law, and as directed in the ordinance calling the election; and, WHEREAS, said election was duly and legally held on the 25th day of January, 1972, and conformative with the election ordinance heretofore passed by this City Council, and the result of said election has been duly certified and returned to this Council by the proper judges and clerks thereof; and, WHEREAS, this Council has canvassed the returns of said election of the propositions submitted to the voters at said election, which was held on the 25th day of January, 1972; and, WHEREAS, it appears to the City Council, -and the City Council so finds, that said election was.in all respects lawfully held and said returns duly and legally made, and that there were cast at said election the following votes: Proposition No. 1 (Repealing the provision authorizing primary elections) Shall that portion of Section 5 of Article IV be repealed which provides that, where authorized by the general laws of the State of Texas, there may be primary elections for the offices of Mayor and Councilmen? YES 4 S NO .............. 1� 17-0 Proposition No. 2 (Relating to election by majority and runoff elections) Shall Sections 3 and 4 of Article IV be amended to provide that the Mayor and the City Council be elected by a majority of all votes cast for their positions at the general election, and providing that where no candidate receives a majority of all votes cast in s.aid general election for the position for which he is a candidate, a runoff election for such position shall be called to be held on the second Tuesday following the general election, said runoff election 'to be held between the two candidates who received the greatest number of votes cast in the general election for such position? YES 41 0674 NO Proposition No. 3. (Relating to salaries and other, compensation of Councilmen and Mayor) Shall Section 4 of Article III be amended to increase the salary of the Mayor to FIVE HUNDRED AND NO/100 ($500.00) DOLLARS per month and the salary of each Councilman to TWO HUNDRED AND FIFTY AND N0/100 ($250.00) DOLI_.ARS per month, and to provide that the Councilmen and the Mayor shall receive no -2- other compensation from the City other than that salary provided for their City office and their actual and necessary expenses incurred in the performance of their duties of'office? YES................................. 3 fr NO................................. Proposition.No. 4 (Changing the fiscal year to begin. October 1) Shall Section 1 of Article VI be amended to change the beginning date of the fiscal year from the 1st day of July to the 1st day of October of each calendar year, and providing for an interim budget from the Ist day of July to the 30th day of September of the first calendar year following the enactment of this amendment? YES ... 4.,.234 NO................................... Proposition No. 5 (Changing the date of rendition of property for .'taxes) Shall the period for rendition of property to the City Assessor and Collector of Taxes, as provided in Section 3 of Article VIII, be changed from 01between the 1st day of January and the ist,day of April of eac.h_year" to "between the 1st day of January.and the 30th day of April of each year!'? YES .... ...................... �) 7 NO...................... ......,..... Proposition No. 6 - (Repealing certain procedural provisions regarding issuance of.bonds) -3- within a time specified by the City Council, report its recommendations thereon. After receipt of the recommenda- tions of the City Planning Commission, the Council shall hold a public hearing on the proposed comprehensive plan or modification thereof and shall thereafter adopt it by resolution with or without amendment. "(c) Effect: The comprehensive plan shall serve as a guide to all future Council action concerning land use and develop- ment regulations. "(d) Effective date: This additional section to.the City�Charter shall become effective January 1, 1974."? YES................................... q-7 NO................................. rj-76 Proposition No. 13 (Relating to an annual inventory of property belonging to the City) Shall the Director of Finance have power and be re- quired to make an annual inventory of property belonging to the City of Beaumont by amending Article VII by adding thereto a new Subsection 3(e) to read as follows: "Annually inventory and retain in a 'property book' all property assets belonging to the City of Beaumont which are tangible, have a useful life longer than the current fiscal year, and have a significant value."? YES..................................i� 99 4 NO.......... .... .................:-11 • Proposition No. 14 (Requiring city employees to reside within the City limits) Shall Section 7 of Article XVII be amended to provide that any person employed by the City of Beaumont after the effective date of this amendment be required to reside in the city limits of the City of Beaumont or to establish such residency within 180 days from the date he was employed, and to continue residency within the city limits while so employed by the City, and that failure of any employee to comply with the provisions of this amendment shall result in his immediate dis- missal from employment with the City of Beaumont; provided, however, that this amendment shall not apply to any person employed by the City of Beaumont on the date this amendment becomes effective? YES ................................... 3,701t. NO ................................... / 0 4 9 Proposition No. 15 (Relating to enlargement of the City Council and amending the method of election) Shall Articles III and IV be amended to provide for eight (8) Councilmen and a Mayor, four (4) Councilmen to reside in a specific ward, whose electorate shall reside only within the boundaries of that ward, four (4) Councilmen to be elected at large, but providing that no two (2) of the four (4) at large Councilmen shall reside in the same ward, and a Mayor who shall be elected at large, making a total of nine (9) persons to serve on the City Council, and further changing related provisions on the total number of Councilmen or the number of Councilmen required for action in certain cases, by amending Sections 2, 3, 7 and 8 of Article III and Sections 4 and 6 of Article IV as follows,: 00112 Article III Section 2 shall be amended by substituting the word 1°eight" in lieu of the word "four". Section 3 shall be amended by substituting the word "eight" in lieu _of the word i°four", and by substituting the words "two Councilmen" in lieu of the words "one Councilman". Section 7 shall be amended by substituting the word "four" in lieu of the word "two" where it twice appears, and by substituting the word "eight" in lieu of the word "four". Section 8 shall be amended by substituting the word "five" in lieu of the word "three" where it twice appears. Article IV Sections 4 and 6 shall be amended to comply with the provisions of this proposition.'. YES NO......... ........ ............... v Proposition No. 16 (Increasing the term of office to three years) Shall Articles III.and IV -be amended changing the terms of the Mayor and Councilmen from two (2) years to three (3) years? YES................................. a�r NO.................................� 2 NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT, TEXAS: Section 1 That the following Propositions for amendments to the City Charter of the City of Beaumont, as hereinabove set out, -11- and as set forth in said Ordinance No. 71-70, adopted December 21, 1971, calling said election, are hereby found to have been sustained and approved by a majority of the qualified voters of the City of Beaumont voting at said election on January 25, 1972, in accordance with the said tabulation of votes herein- above set forth, the City Council finds that the following Propo- sitions were carried by a majority of the votes as follows: Proposition No. 1 7Z Proposition No. 2 fIZI — Proposition No. 4 '541-6' Proposition No. 5 Proposition No. 6 Proposition No. 7 Proposition No. 8 32-7 Proposition No. 9��/ Proposition No. 10 Proposition No. 11 Proposition No. 12 &1/7/ Proposition No. 13 -/./'I and that the following Propositions were rejected by a majority of the votes as follows: Proposition No. 3 30 y e9 Proposition No. 14 L �� Proposition No. 15 z� Proposition No. 16 The tabulation of votes cast at the election on said Propositions are hereby adopted and Amendments 1, 2, 4, 5, 6, 7, 8, 93 103 11, 12 and 13 are declared adopted and placed in full force and effect as amendments to and part of the City Charter of the City of Beaumont, Texas, in accordance with the Propositions voted on at said election. That in accordance with the foregoing tabulation of votes cast, which tabulation is hereby adopted, it is hereby -12- declared that Propositions 3, 14, 15 and 16, as above set forth and as set forth in Ordinance No. 71-701 were rejected by a majority of the qualified voters of the City voting at said election on January 25, 1972. Section 3 If any one or more of these Charter amendments, or any part or parts thereof, shall be held unconstitutional or invalid, such unconstitutionality or invalidity shall not affect the validity of,the remaining amendments or remaining parts of said amendments. PASSED this 27th day of January, 1972. ATTEST: City Clerk - -13- l r J Mayor - ORDINANCE NO. `IZ- ENTITLED AN ORDINANCE CANVASSING THE RETURNS AND DECLARING THE RESULTS OF AN ELECTION HELD IN THE CITY OF BEAUMONT ON THE 25TH DAY OF JANUARY, 1972, UPON THE QUESTION OF ADOPTING AMENDMENTS TO THE CITY CHARTER OF THE CITY OF BEAUMONT; AND PROVIDING FOR SEVERABILITY. WHEREAS, heretofore on December 21, 1971, the City Council of the City of Beaumont passed an ordinance calling an election on the question of adopting amendments to the City Charter of the City of Beaumont, said election to be held in said City on the 25th day of January, 1972; and, WHEREAS, it appears that the requirements of the law as to giving of proper notice of the Council's intention to pass an ordinance submitting the aforesaid amendments, and all requirements of the law respecting the submission of amendments of the City to a City Charter to the qualified voters were in all respects lawfully and properly performed and executed; and, WHEREAS, notice of said election was accordingly given as required by law, and as directed in the ordinance calling the election; and, WHEREAS, said election was duly and legally held on the 25th day of January, 1972, and conformative with the election ordinance heretofore passed by this City Council, and the result of said election has been duly certified and returned to this Council by the proper judges and clerks thereof; and, WHEREAS, this Council has canvassed the returns of said election of the propositions submitted to the voters at said election, which was held on the 25th day of -:January, 1972; and, WHEREAS, it appears to the City Council, and the City Council so finds, that said election was in .,all respects lawfully held and said returns duly and legally made, and that there were cast at said election the following votes: Shall that portion of Section 5 of Article IV be repealed which provides that, where authorized by the general laws of the State of Texas, there may be primary elections for the offices of Mayor and Councilmen? YES................................. 5 4 NO................................. Proposition No. 2 I (Relating to election by majority and runoff elections) Shall Sections 3 and 4 of Article IV be amended to provide that the Mayor and the City Council be elected by a majority of all votes cast for their positions at the general election, and providing that where no candidate receives a majority of all votes cast in said general election for the position for which he is a candidate, a runoff election for such position shall be called to be held on the second Tuesday following the general election, said runoff election to be held between the two candidates who received the greatest number of votes cast in the general election for such position? YES................................. tJ054 NO................................. ;L., Proposition No. 3 (Relating to salaries and other compensation of Councilmen and Mayor) Shall Section 4 of Article III be amended to increase the salary of the Mayor to FIVE HUNDRED AND N0/100 ($500.00) DOLLARS per month and the salary of each Councilman to TWO HUNDRED AND FIFTY AND N01100 ($250.00) DOLLARS per month, and to provide that the Councilmen and the Mayor shall receive no -2- other compensation from the City other than that salary provided for their City office and their actual and necessary expenses incurred in the performance of their duties of office? YES................................. Ai 3 ff NO................................. 5j-7 ffr Proposition No. 4 (Changing the fiscal year to begin October 1) Shall Section 1 of Article VI be amended to change the beginning date of the fiscal year from the lst day of July to the 1st day of October of each calendar year, and providing for an interim budget from the lst day of July to the 30th day of September of the first calendar year following the enactment of this amendment? YES................................... 6 NO................................... 9J Proposition No. 5 (Changing the date of rendition of property for 'taxes ) Shall the period for rendition of property to the City Assessor and Collector of Taxes, as provided in Section 3 of Article VIII, be changed from "between the lst day of January and the lst day of.April of each year" to "between the lst day of January and the 30th day of April of each year"? YES................................. NO........................... a..... Proposition No. 6" (Repealing certain procedural provisions regarding issuance of bonds) "Section 3—ISSUANCE OF BONDS: All bonds shall be serial bonds and shall specify for what purpose they are issued. Such bonds shall never draw interest in excess of six percent (6%) per annum and shall never be sold at less than their par value and accumulated interest, exclusive of commissions. All bonds shall contain a redemption provision making them callable at the option of the City upon or after the expiration of Fifteen (15) years from the date of issuance, or such redemption provision may be for a lesser period than fifteen (15) years if such provision will not materially affect their marketability or a favorable rate of interest."] Shall Section 3 of Article IX of the Charter of the City of Beaumont be repealed? YES................................. 5 g rC NO................................. /., 710 Proposition No. 7 (Relating to the procedure of recall petitions) Shall Section 15 of Article XI, entitled "Recall Election", be amended by changing from five (5) days to ten (10) days the time in which the City Clerk shall examine the recall petition and, if he finds it sufficient and in compliance with the provisions of this Article of the Charter, to submit it to the City Council, and by adding thereto provisions that the City Council shall allow the Clerk extra help for the purpose of his examination of the recall petition, that he shall attach to the recall petition a certificate showing the results of his examina- tion, that if the Clerk's certificate shows the petition to be insufficient, it may be amended within ten (10) days from the -4- date of certificate, that within ten (10) days of such amend- ment, the City Clerk shall make like examination of said amended petition, and that if his certificate of the amended petition should show the same to be insufficient, it shall be returned to the person filing same, without prejudice, however, to the filing of a new petition? YES................................. �o, 2 4� NO................................. /5SO Proposition No. 8 (Relating to the Municipal Court) Shall Sections 2, 3 and 4 of Article XII relating to Law -Corporation Court be amended by changing the name of the Court to "Municipal Court", by providing for one or more magistrates of said Court, one of whom shall be known as the Chief Magistrate, and by deleting the last sentence of Section 3 of said Article which provides that in the event of failure of the City Judge to act for any reason, the Mayor shall act in the place and stead of the City Judge? YES................................. S, 7 92 NO................................. 6) ar .5r':r Proposition No. 9 (Relating to repeal of authority to grant indeterminate franchises) Shall the power of the City to grant indeterminate franchises as that term is defined in Section 5 of Article XV of the Charter of the City of Beaumont be repealed? YES................................. .6,Si-D NO................................. 11 ®qI Shall the date on which the Board of Equalization shall convene, as provided in Section 6 of Article VIII, be changed from 01as soon as practicable after June 1" to "as soon as practicable after May 1"? YES................................. NO................................. Oj Proposition No. 11 (Relating to a Capital Program annual budget) Effective three (3) months prior to the 1973-74 budget year, shall two (2) new sections of Article VI, to follow Section 18, be adopted, thereby becoming a part of the City Charter, providing for a Capital Program and adoption thereof, to read as follows: "Section 19 — CAPITAL PROGRAM: "(a). Submission to Council: The Manager shall prepare and submit to the Council a five (5) year Capital Program at least three (3) months prior to the final date for submission of the budget. "(b) Contents: The Capital Program shall include: (1) A clear general summary of its contents; (2) A list of all capital improvements which are proposed to be undertaken during the five (5) fiscal years next ensuing, with appropriate supporting information as to the necessity of such improvements; and, each such improvement. "The above information may be revised and ex- tended each year with regard to capital improvements still pending or in process of construction or acquisition. "Section 20 —COUNCIL ACTION ON CAPITAL PRO- GRAM: The Council shall give notice of a public hearing on the proposed Capital Program and shall hold said hearing in the same manner as provided in this Chapter for the annual budget. The hear- ing for the proposed Capital Program and the notice of same may be in conjunction with the annual budget. The Council shall, by resolution, adopt the Capital Program with or without amend- ment after the public hearing and on or before the 27 th day of ' the last month of the current fiscal year."? YES................................. �j 7 7 NO................................. �!`I' Proposition No. 12 (Relating to the adoption of a City Planning Commission and to the adoption of a Comprehensive Plan governing future physical development of the City) Effective January 1, 1974, shall two (2) new sections of Article XVII, to follow Section 23, be adopted, thereby be- coming a part of the City Charter, providing for a City Planning Commission and Comprehensive Plan and adoption thereof, to read as follows: -7- members to serve on said Commission, their term of office and qualifications for office shall be determined by the City Council. The City Council may combine the City Planning Commission with the City Zoning Commission. The City Planning Commission may make recommendations to the City Manager and the City Council on all matters affecting the physical development of the City, shall be consulted on the comprehensive plan and the implementation thereof as provided in Section 25, and shall exercise all other responsibilities as may be provided by law. "Section 25 —COMPREHENSIVE PLAN: 11(a) Content: The Council shall adopt, and may from time to time modify a comprehensive plan setting forth in graphic and textual form policies to govern the future physical development of the City. Such plan may cover the entire City and all of its functions and services, or may consist of a combination of plans governing specific functions and services or specific geographic areas which together cover the entire City and all of its functions and services. "(b) Adoption: Upon receipt from the City Manager or his designee of a proposed comprehensive plan or a proposed modifica- tion of the existing plan, the Council shall refer such proposal to the City Planning Commission, which shall, MEM thereon. After receipt of the recommenda- tions of the'City Planning Commission, the Council shall hold a public hearing on the proposed comprehensive plan or modification thereof and shall thereafter adopt it by resolution with or without amendment. "(c) Effect: The comprehensive plan shall serve as a guide to all future Council action concerning land use and develop- ment regulations. "(d) Effective date: This additional section to the City Charter shall become effective January 1, 1974.119 YES................................. r.> q q 7 NO................................. I, Cf 76 Proposition No. 13 (Relating to an annual inventory of property belonging to the City) Shall the Director of Finance have power and be re- quired to make an annual inventory of property belonging to the City of Beaumont by amending Article VII by adding thereto a new Subsection 3(e) to read as follows: "Annually inventory and retain in a 'property book' all property assets belonging to the City of Beaumont which are tangible, have a useful life longer than the current fiscal year, and have a significant value."? YES.................................. p 994 T NO.................. Shall Section 7 of Article XVII be amended to provide that any person employed by the City of Beaumont after the effective date of this amendment be required to reside in the city limits of the City of Beaumont or to establish such residency within 180 days from the date he was employed, and to continue residency within the city limits while so employed by the City, and that failure of any employee to comply with the provisions of this amendment shall result in his immediate dis- missal from employment with the City of Beaumont; provided, however, that this amendment shall not apply to any person employed by the City of Beaumont on the date this amendment becomes effective? YES................................... 3,70.1. NO................................... Proposition No. 15 (Relating to enlargement of the City Council and amending the method of election) Shall Articles III and IV be amended to provide for eight (8) Councilmen and a Mayor, four (4) Councilmen to reside in a specific ward, whose electorate shall reside only within the boundaries of that ward, four (4) Councilmen to be elected at large, but providing that no two (2) of the four (4) at large Councilmen shall reside in the same ward, and a Mayor who shall be elected at large, making a total of nine (9) persons to serve on the City Council, and further changing related provisions on the total number of Councilmen or the number of Councilmen required for action in certain cases, by amending Sections 2, 3, 7 and 8 of Article III and Sections 4 and 6 of Article IV as follows:: -10- "eight" in lieu of the word "four" Section 3 shall be amended by substituting the word 9°eight" in lieu of the word "four", and by substituting the words "two Councilmen" in lieu of the words P1one Councilman". Section 7 shall be amended by substituting the word "fourP1 in lieu of the word "two" where it twice appears, and by substituting the word 91eight" in lieu of the word "four". Section 8 shall be amended by substituting the word "five" in lieu of the word "three" where it twice appears. Article IV Sections 4 and 6 shall be amended to comply with the provisions of this proposition.? YES ................................. �r S- e13 NO................................. 7 iZ Proposition No. 16 (Increasing the term of office to three years) Shall Articles III and IV be amended changing the terms of the Mayor and Councilmen from two (2) years to three (3) years? YES................................. NO................................., NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT, TEXAS: Section 1 That the following Propositions for amendments to the City Charter of the City of Beaumont, as hereinabove set out, -11- pprovea ny the City of Beaumont voting at said election on January 25, 1972, in accordance with the said tabulation of votes herein - above set forth, the City Council finds that the following Propo- sitions were carried by a majority of the votes as follows: Proposition No. 1 %/_a' Proposition No. 2 fle!' Proposition No. 4 6� Proposition No. 5 Proposition No. 6 Proposition No. 7��j/ Proposition No. 8 3 ,'z7 Proposition No. 9 ,35L6/ Proposition No. 10 Proposition No. 11 2-1-3 Proposition No. 12 9,121 Proposition No. 13 J14'/ and that the following Propositions were rejected by a majority of the votes as follows: Proposition No. 3 3,3 9 e Proposition No. 14 - 3 3 Proposition No. 15 -3 Proposition No. 16 '3/py The tabulation of votes cast at the election on said Propositions are hereby adopted and Amendments 1, 2, 4, 5, 6, 7, 81 92 10, 112 12 and 13 are declared adopted and placed in full force and effect as amendments to and part of the City Charter of the City of Beaumont, Texas, in accordance with the Propositions voted on at said election. Section 2 That in accordance with the foregoing tabulation of votes cast, which tabulation is hereby adopted, it is hereby -12- declared that Propositions 3, 14, 15 and 16, as above set forth and as set forth in Ordinance No. 71-70, were rejected by a majority of the qualified voters of the City voting at said 11 election on January 25, 1972. Section 3 If any one or more of these Charter amendments, or any part or parts thereof, shall be held unconstitutional or invalid, I such unconstitutionality or invalidity shall not affect the validity of the remaining amendments or remaining parts of said amendments. I, ATTEST: PASSED this 27th day of January, 1972. City Clerk - J - Mayor -