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HomeMy WebLinkAboutORD 21-007ORDINANCE NO. 21-007 AN ORDINANCE OF THE CITY OF BEAUMONT, TEXAS, PROVIDING FOR CERTAIN PROPOSED AMENDMENTS TO THE EXISTING CHARTER OF THE CITY TO BE SUBMITTED TO THE QUALIFIED VOTERS OF THE CITY AT THE MAY 1, 2021 ELECTION; STATING THE SUBJECT MATTER OF THE PROPOSED AMENDMENTS TO THE CITY CHARTER TO BE VOTED UPON AT SAID ELECTION. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That an election has been previously called and ordered for the 1st day of May, 2021, 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 Article 1, Section 3 of the Charter of the City of Beaumont, Texas, shall hereafter provide as follows: "ARTICLE I. INCORPORATION; FORM OF GOVERNMENT; TERRITORY Section 3 - BOUNDARIES: The bounds and limits of the City of Beaumont, as may be adjusted from .time to time by properly adopted ordinances of the City Council of Beaumont, are hereby established and described as follows:" (metes and bounds description to be inserted) PROPOSED AMENDMENT NO. 2 Article I, Section 4 of the Charter of the City of Beaumont, Texas, shall hereafter provide as follows: "ARTICLE I. INCORPORATION, FORM OF GOVERNMENTS; TERRITORY Section 4 - ANNEXATION: The City Council shall have the power, by ordinance, too fix and change the bounds and limits of the city and to provide for the extension of the said bounds and limits and the annexation of additional territory lying adjacent to the city with or without consent of the territory and the inhabitants thereof annexed; provided, however, that such an ordinance, or any amendment thereto, shall be published one time, prior to passage, in some daily newspaper published in the city and such ordinance shall not be passed until at least thirty days have lapsed after publication. The city shall have the power to annex additional territory, lying adjacent to the city, and the inhabitants thereof, as may be authorized by, and in the manner and form prescribed by any general law of Texas." PROPOSED AMENDMENT NO. 3 Article III, Section 3 of the Charter of the City of Beaumont, Texas, shall hereafter provide as follows: "ARTICLE III. THE CITY COUNCIL Section 3 - 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, and a qualified voter of the City of Beaumont." PROPOSED AMENDMENT NO. 4 Article III, Section 12 of the Charter of the City of Beaumont, Texas, shall hereafter provide as follows: "ARTICLE III. THE CITY COUNCIL Section 12 - AUDITORS: Prior to the end of each fiscal year, the City Council shall designate one or more qualified public accountants who shall submit their report to the City Council. Said report shall be posted on the City's website. 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." PROPOSED AMENDMENT NO. 5 Article IV, Section 2 of the Charter of the City of Beaumont, Texas, shall hereafter provide as follows: "ARTICLE IV. ELECTIONS Section 2 — ELECTION OFFICERS AND CANVASSING RETURNS: The election judges and other necessary election officials for conducting all such elections shall be appointed by the Council, and they shall be qualified voters of the City of Beaumont. The election judges shall certify their count of the ballots, attaching the tally sheet to their certificate and deposit it with the City Clerk in a sealed envelope. After an election, the Council shall meet and canvass the returns and officially declare the results of the election within the time period prescribed by the Election Code of the State of Texas." PROPOSED AMENDMENT NO. 6 Article IV, Section 4 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 ELECTIONS: 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 two (2) candidates for Councilmember-at-large receiving the greatest number of votes cast by the qualified voters of the City for Councilmember-at-large shall be declared elected; it being the intention of this section that the Councilmembers-at-large shall be elected by a plurality rather than a majority of the votes. Each qualified voter shall be entitled, but shall not be required, to vote for two (2) candidates for Councilmember-at-large. 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 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 or for Ward Councilmember receives a majority of all votes cast in the general election for the position for which he is a candidate, a runoff election for such position shall be called to be held in accordance with the Texas Election Code, 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 a 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. In the event of a tie vote between three (3) or more candidates with the greatest number of votes or in the event of a tie vote between two (2) or more of the candidates with the second greatest number of votes in the general election for the position of Councilmember-at-large, the respective candidates so tied shall cast lots to determine who shall be, in the first instance, the duly elected officers or who shall be, in the second instance, the duly elected officer. If a runoff election is required, all officers duly elected therein shall take office in accordance with the time period prescribed by the Election Code of the State of Texas." PROPOSED AMENDMENT NO. 7 Article VI, Section 2 of the Charter of the City of Beaumont, Texas, shall hereafter provide as follows: "ARTICLE VI. THE BUDGET Section 2 — 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 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 and available reserves 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." PROPOSED AMENDMENT NO. 8 Article VI, Section 6 of the Charter of the City of Beaumont, Texas, shall hereafter provide as follows: "ARTICLE VI. THE BUDGET Section 6 — FURTHER CONSIDERATION OF THE BUDGET: After the conclusion of such public hearing, the Council may insert new items or may increase or decrease the items of the budget, except items in proposed expenditures fixed by law." PROPOSED AMENDMENT NO. 9 Article VI, Section 7 of the Charter of the City of Beaumont, Texas, shall be repealed. PROPOSED AMENDMENT NO. 10 Article VI, Section 8 of the Charter of the City of Beaumont, Texas, shall hereafter provide as follows: "ARTICLE VI. THE BUDGET Section 8 — VOTE REQUIRED FOR ADOPTION: The budget shall be adopted by the favorable votes of the Council as prescribed by the Texas Tax Code." PROPOSED AMENDMENT NO. 11 Article VI, Section 9 of the Charter of the City of Beaumont, Texas, shall hereafter provide as follows: "ARTICLE VI. THE BUDGET Section 9 — DATE OF FINAL ADOPTION; FAILURE TO ADOPT: The budget shall be adopted in accordance with the Texas Local Government Code. Should the Council take no final action in accordance with the Texas Local Government Code, the budget as submitted by the City Manager shall be deemed to have been finally adopted by the Council." PROPOSED AMENDMENT NO. 12 Article VI, Section 10 of the Charter of the City of Beaumont, Texas, shall hereafter provide as follows: "ARTICLE VI. THE BUDGET Section 10 — EFFECTIVE DATE OF BUDGET; CERTIFICATION; COPIES MADE AVAILABLE: Upon final adoption, the budget shall be in effect for the budget year. A copy of the budget, as finally adopted, shall be filed with the City Clerk and shall be posted on the City's website. The final budget shall be printed, mimeographed or otherwise reproduced and a reasonable number of copies shall be made available for the use of all offices, departments and agencies, and for the use of interested persons and civic organizations." PROPOSED AMENDMENT NO. 13 Article VI, Section 20 of the Charter of the City of Beaumont, Texas, shall hereafter provide as follows: "ARTICLE VI. THE BUDGET Section 20 — COUNCIL ACTION ON CAPITAL PROGRAM: 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 hearing 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 amendment after the public hearing in accordance with the Texas Local Government Code." PROPOSED AMENDMENT NO. 14 Article XV, Section 3 of the Charter of the City of Beaumont, Texas, shall hereafter provide as follows: "ARTICLE XV. FRANCHISES AND PUBLIC UTILITIES Section 3 — ORDINANCE GRANTING FRANCHISES: All ordinances granting, amending, renewing or extending franchises shall be read at one regular meeting of the City Council and shall take effect 30 days for passage; provided, however, if at any time before any such ordinance shall finally take effect a petition or petitions shall be presented to the City Council signed by not less than five hundred (500) of the bona fide qualified voters of the City, then the governing body shall submit the question of the granting of said franchise to a vote of the qualified voters of the City of Beaumont at its next succeeding general election to be held in said City, provided that notice thereof shall be published at least twenty (20) days successively in a daily newspaper in the City of Beaumont prior to the holding of the election. In the event the next succeeding general election is not within twelve (12) months from the effective date of the ordinance, then the City Council may submit same at a special election. Ballots shall be used briefly describing the franchise to be voted on and the terms thereof; and shall contain the words "For the granting of a franchise" and "Against the granting of a franchise." The vote shall be canvassed by the City Council and, should it result in a majority of those voting thereon casting their votes in favor of granting a franchise, the City Council shall so declare by order entered in its minutes and said franchise shall at once take effect in accordance with its terms. In the event the majority of such votes be cast "against granting a franchise" then said City Council shall by order entered in its minutes so declare that such franchise shall not take effect. If, at the expiration of any franchise term, the franchise holder has applied for a new franchise and is refused by the City Council, and a petition complying with the foregoing provisions of this section is presented to the City Council, then the Council shall submit the question of the granting of the franchise to the qualified voters in the same manner as heretofore provided. The failure to pass finally on the application within four (4) months after it is filed shall be construed as a refusal. The City Council, in passing an ordinance granting a franchise, may provide therein that it shall not take effect until the same shall have been submitted to and approved by a majority of the qualified voters voting thereon at a general election. After the passage of a franchise ordinance, the full text of such ordinance shall be published on the City's website." PROPOSED AMENDMENT NO. 15 Article XV, Section 4 of the Charter of the City of Beaumont, Texas, shall be repealed. PROPOSED AMENDMENT NO. 16 Article XVII, Section 11 of the Charter of the City of Beaumont, Texas, shall be repealed. Section 2. 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 proposing certain charter amendments, with the provision on such ballot permitting voters to vote "Yes" or "No" on each charter proposition. Such propositions shall provide as follows: CHARTER PROPOSITION NO. 1 Shall Article I, Sec. 3 of the Charter of the City of Beaumont be amended to clarify that the metes and bounds description may be adjusted from time to time by properly adopted ordinances of the City Council of Beaumont? CHARTER PROPOSITION NO. 2 Shall Article I, Sec. 4 of the Charter of the City of Beaumont be amended to amend the caption and repeal Subsections (a) and (b) to remove the methods of annexation by ordinance or petition and defer to the manner and form of annexation as authorized by the general laws of the State of Texas? CHARTER PROPOSITION NO. Shall Article III, Sec. 3 of the Charter of the City of Beaumont be amended to remove the prohibition on a person's eligibility to serve the City who is in arrears in the payment of any liability to the City? CHARTER PROPOSITION NO. 4 Shall Article III, Sec. 12 of the Charter of the City of Beaumont be amended to remove the reference to a summary auditor's report and providing for the full report to be posted on the City's website rather than in a local newspaper? CHARTER PROPOSITION NO. 5 Shall Article IV, Sec. 2 of the Charter of the City of Beaumont be amended to remove the qualification that election officials reside in the same election precinct in which they are to serve; and remove the requirement that returns are to be canvassed within five (5) days after the election and provide that returns be canvassed within the time period prescribed by the Texas Election Code? CHARTER PROPOSITION NO. 6 Shall Article IV, Sec. 4 of the Charter of the City of Beaumont be amended to bring the Charter into compliance with the Texas Election Code as it relates to runoff elections and when all officials duly elected shall take office? CHARTER PROPOSITION NO. 7 Shall Article VI, Sec 2 of the Charter of the City of Beaumont be amended to add language to provide for available reserves to be considered as a component of total proposed expenditures in the budget? CHARTER PROPOSITION NO. 8 Shall Article VI, Sec. 6 of the Charter of the City of Beaumont be amended to allow the Council to insert new items or increase or decrease items in the budget without the requirement of an additional public hearing on the budget? CHARTER PROPOSITION NO. 9 Shall Article VI, Sec. 7 of the Charter of the City of Beaumont be repealed to remove the requirement that an additional public hearing be held for the Council to insert additional items or make increases to amounts in the budget? CHARTER PROPOSITION NO. 10 Shall Article VI, Section 8 of the Charter of the City of Beaumont be amended to bring the Charter into compliance with the Texas Tax Code as it relates to the required vote of the Council setting the tax rate? CHARTER PROPOSITION NO. 11 Shall Article VI, Sec. 9 of the Charter of the City of Beaumont be amended to remove the requirement that the budget be finally adopted not later than the twenty-seventh (27th) day of the last month of the fiscal year and provide that the final adoption of the budget shall be in accordance with the Texas Local Government Code? CHARTER PROPOSITION NO. 12 Shall Article VI, Sec. 10 of the Charter of the City of Beaumont be amended to remove the requirement that the adopted budget be filed with the County Clerk of Jefferson County, and the State Comptroller of Public Accounts in Austin and provide for the budget to instead be posted on the City's website? CHARTER PROPOSITION NO. 13 Shall Article VI, Sec. 20 of the Charter of the City of Beaumont be amended to remove the requirement that the Capital Program be adopted on or before the 27th day of the last month of the current fiscal year and provide that the adoption of the Capital Program shall be in accordance with the Texas Local Government Code? CHARTER PROPOSITION NO. 14 Shall Article XV, Sec. 3 of the Charter of the City of Beaumont be amended to remove the requirement that ordinances granting franchises be read at three (3) separate regular meetings of the City Council and publication for four (4) weeks in a newspaper of general circulation, and provide that the franchise shall take effect thirty (30) days after passage by the City Council and publication on the City's website? CHARTER PROPOSITION NO. 15 Shall Article XV, Sec. 4 of the Charter of the City of Beaumont be amended by the repeal of section 4 relating to the effective date and publication exceptions applicable to the granting of side track, spur track or switching privileges granted by franchise? CHARTER PROPOSITION NO. 16 Shall Article XVII, Sec. 11 of the Charter of the City of Beaumont be repealed to remove the prohibition on a person's qualification to hold municipal office or employment who is in arrears in the payment of taxes or other liabilities due the City? Section 3. 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. Section 4. 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 9th day of February, 2021. 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