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HomeMy WebLinkAboutORD 80-31 ORDINANCE NO. J ENTITLED AN ORDINANCE CANVASSING THE RETURNS OF THE REGULAR CITY ELECTION WHICH WAS HELD ON THE 5TH DAY OF APRIL, 1980, TO DETERMINE WHO SHALL BE MAYOR, COUNCILMEN FOR WARDS I, II, III, AND IV; APPROVING OR REJECTING AN ORDINANCE AS SET FORTH HEREIN; AND PROVIDING FOR SEVERABILITY. WHEREAS, the City Council of the City of Beaumont, in session duly called the regular city election to be held on the 5th day of April, 1980, and the election returns of the votes cast in said election were canvassed for the following officials and the following proposition: For the officer for the office of Mayor; For the officer for the office of Councilman for the lst Ward; For the officer for the office of Councilman for the 2nd Ward; For the officer for the office of Councilman for the 3rd Ward; For the officer for the office of Councilman for the 4th Ward; For or against an ordinance to provide for compulsory binding arbitration as a method to resolve collective bargaining impasses between the city and such association; WHEREAS, after duly canvassing said returns, the City Council found that the votes cast at said election for the several candidates for said offices and the proposition were as follows: For Mayor: Maurice Meyers. . . . . . . . 11, 384 Richard F. Bianco. . . . . 749 Manuel Holloway, Jr. . . 1,522 For Councilman Ward No. 1: Tom Combs, Jr. . . . . . . . . 7, 756 For Councilman Ward No. 2: Marilyn S. Adams. . . . . . . . 2, 848 Elbert T. Dubose, Jr. . . . 1, 318 Evelyn M. Lord. . . . . . . . . . 6, 376 John M. Conway. . . . . . . . . . 1, 244 Ricardo Ramirez. . . . . . . . . 520 For Councilman Ward No. 3: Calvin Williams . . . . . . . . . 8 , 609 For Councilman Ward No. 4: G. W. "Wayne" Turner. . . . 6, 360 Patrick Boots. . . . . . . . . . . 2 , 098 Betty Hebert Guillory. . . 3, 706 Ordinance For the Ordinance. . . . . . . 5,649 Against the Ordinance . . . 5, 275 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1. That the results of said regular City election be, and the same are hereby, declared to have been as herein set out, and the following named persons were elected to the following offices: For Mayor: Maurice Meyers For Councilman for the 1st Ward: Tom Combs, Jr. For Councilman for the 2nd Ward: Evelyn M. Lord For Councilman for the 3rd Ward: Calvin Williams For Councilman for the 4th Ward: G. W. "Wayne" Turner Section 2. That the following ordinance is hereby adopted: WHEREAS, the City of Beaumont and the Association recognized as the exclusive bargaining agents for the Firefighters engage in collective 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 2 - 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 SUCH 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 5154c-1 et. seq. shall include the following: 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 arbi- tration more than once during any fiscal year. In the event that one party makes a request for arbitration, then both parties 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. - 3 - 2. Arbitration invoked under this Article shall be conducted by the parties pursuant to the procedures, duties, requirements and rights set forth in Vernon ' s Annotated Civil Statutes of Texas, Article 5154c-1, Sections 9, 10, 11, 12 , 13, 14, and 15; except that Vernon' s Annotated Civil Statutes of Texas, Article 5154c-1, Section 10 (b) shall be specifically excluded and not apply herein. Section 3. The City Council of the City of Beaumont further finds that notice of said election was duly and properly given as required by law and provided in the ordinance calling for said election, and that said election was duly and regularly held and returns thereof were duly and regularly made by the proper officials of said election and in all things according to law. Section 4 . That if any section, subsection, sentence, clause or phrase of this ordinance or the application of same to a particular person, or to a particular set of circumstances, should for any reason be held invalid, such invalidity shall in no way 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 this the '" day of r 1980. S Mayor - 4 -