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Shall that portion of Section 5 of Article IV be repealed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 -