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Home My WebLink AboutORD 80-21 ORDINANCE NO. Q ENTITLED AN ORDINANCE CALLING A REFERENDUM ELECTION IN THE CITY OF BEAUMONT ON THE 5TH DAY OF APRIL, 1980, FOR THE PURPOSE OF APPROVING OR REJECTING AN ORDINANCE AS SET FORTH HEREIN; AND PROVIDING FOR SEVERABILITY. WHEREAS, on the 5th day of March 1980, petitions were submitted under the initiative provisions of Article XI of the Charter of the City of Beaumont proposing the ordinance set forth in Section 1 below; and, WHEREAS, the City Clerk has advised the City Council that the petitions were not signed by qualified electors equal in numbers to least twenty-five (25%) percent of the total number of votes cast at the last general municipal election; and, WHEREAS, by Ordinance 80-11, adopted February 12, 1980, the City Council called a general election to be held within the City of Beaumont on April 5, 1980; and, WHEREAS, the City Council is of the opinion that the ordinance proposed in the initiative petition should be submitted to the voters at said general election pursuant to the referendum provisions of Article XI, Section 7, et. seq. , of the Charter of the City of Beaumont; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That the ordinance attached hereto as Exhibit "A" be submitted to the electors of the City of Beaumont at the regular general election to be held within the City of Beaumont on April 5, 1980. Section 2. That notice of said election should be given by publishing said notice as set out herein in a newspaper of general circulation in this city and county one time, not more than twenty-five (25) days or less than ten (10) days before said election. Said notice shall be in the following form: "NOTICE OF ELECTION IN THE CITY OF BEAUMONT FOR THE PURPOSE OF APPROVING OR REJECTING AN ORDINANCE TO PROVIDE FOR COMPULSORY BINDING ARBITRATION AS A METHOD TO RESOLVE COLLECTIVE BARGAINING IMPASSES BETWEEN THE CITY AND SUCH ASSOCIATION. "NOTICE IS HEREBY GIVEN THAT A REFERENDUM ELECTION AS PROVIDED BY ARTICLE XI, SECTION 7, ET. SEQ. OF THE CHARTER OF THE CITY OF BEAUMONT WILL BE HELD IN THE CITY OF BEAUMONT, TEXAS, ON THE 5TH DAY OF APRIL, 1980 FROM SEVEN O'CLOCK A.M. TO SEVEN O'CLOCK P.M. , FOR THE PURPOSE OF APP�40V_[NG OR REJECTING AN ORDINANCE TO PROVIDE FOR COMPULSORY BINDING ARBITRATION AS A METHOD TO RESOLVE COLLECTIVE BARGAINING IMPASSES BETWEEN THE CITY AND SUCH ASSOCIATION. " Section 3. The form of ballot which shall be used in said referendum election shall be substantially as follows: AN ORDINANCE TO PROVIDE FOR COMPULSORY BINDING ARBITRATION AS A METHOD TO RESOLVE COLLECTIVE BARGAINING IMPASSES BETWEEN THE CITY AND SUCH ASSOCIATION. For the Ordinance Against the Ordinance Section 4. That Section 2, 3, 4, 7, and 8 of Ordinance 80-11, adopted by the City Council on February 12, 1980, relating to the legal qualifications of voters, election places and pre- siding judges and clerks, adoption of state laws governing elections, appointing officials of the central counting station, and adoption of an electronic voting system and absentee voting provisions are hereby adopted and incorporated herein by reference. 2 - Section 5. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall in no wise affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. PASSED BY THE CITY /COUNCIL of the City of Beaumont this the day of Z1/'I )e 1980. R Mayor - M "EXHIBIT'.A" The Honorable Maurice Meyers, Mayor The Honorable City Council City of Beaumont, Texas City Hall Beaumont, Texas 77704 WHEREAS the City of Beaumont and the Association recognized as the exclusive bargaining agents for the Firefighters engage in col- ' lective bargaining for the purpose of negotiating agreements pertaining to wages, hours, and terms and conditions of employment; and whereas the collective bargaining impasse procedures are inadequate to resolve collective bargaining impasses; and whereas inadequacy of said impasse procedures causes considerable labor management conflict in the City of Beaumont; and whereas all of this is , working against the best interest of the City and ,.must be . corrected. NOW, THEREFORE, acting under the provisions of the Beaumont City Charter, we, , the following duly registered voters residing within the corporate limits of the City of Beaumont, Jefferson County, Texas do respectfully petition the Mayor and City Council of Beaumont, that a referendum election of qualified voters within the City of Beaumont to determine if they approve or disapprove of the following: AN ORDINANCE TO PROVIDE FOR COMPULSORY BINDING ARBITRATION AS A METHOD TO RESOLVE COLLECTIVE BARGAINING IMPASSES BETWEEN THE•CITY AND SUCK. ASSOCIATION Collective bargaining agreements between the City of Beaumont and the`Association recognized ,as the exclusive bargaining agent for the Firefighters pursuant to Vernon's Annotated Civil. Statutes of Texas, Article 51:54c-1 eta, se shall include the'foll.owing: f In the event that the City of Beaumont and the Association have reached an impasse as defined under Vernon's Annotated Civil Statutes of Texas, Article 5154c-1, Section 9; and in the event mediation invoked under Section 9 of said Article has failed to resolve the impasse, or one of the parties has refused to mediate; then the following impasse procedure shall prevail: 1. Either party to the dispute, after written notice to the .-, other party containing specifications of the issue or issues in dispute, may request arbitration; provided however a party shall not request arbitration more than once during any fiscal year. In the event that one party makes a request for arbitration, then both pareses shall submit all issues in dispute to arbitration. The issues to be submitted to arbitration shall be all matters which the parties have been unable to resolve through collective bargaining. 2. Arbitration invoked under this Article shall be conducted by the parties pursuant to the procedures, duties, require- ments and rights set forth in. Vernon's Annotated Civil Status of Texas, Article 5154c-1. Sections 9, 102 11, 122 132 14 and 15; except that Vernon's "t' nnotated Cvil Statutes of Texas, Article 5154c-1, Section 10 ) shall be specifically excluded and not apply hellein. Each of the undersigned states that he personally signed this petition; that he has not signed any other petition for the same measure; that he is a qualified voter of the City of Bea=ont, Texas ; that his place of residence in said City and State, in- cluding street and number is correctly written after his name; that he has read the said petition and understands the name, which petition — is a pert hereof. xx;