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HomeMy WebLinkAboutORD 71-70i ORDINANCE NO. 11 ! ENTITLED AN ORDINANCE ORDERING AN ELECTION TO BE HELD IN THE CITY OF BEAUMONT, TEXAS; ON THE 25TH DAY OF JANUARY,'197.2, FOR THE PURPOSE'OF SUBMITTING TO THE QUALIFIED VOTERS OF THE CITY OF BEAUMONT PROPOSITIONS FOR THE AMENDMENT OF THE CITY CHARTER; PROVIDING FOR PLACES WHERE SUCH ELECTION SHALL BE HELD; PROVIDING -FOR THE HOLDING OF SUCH ELECTION, INCLUDING THE NAMING OF OFFICIALS TO CONDUCT SUCH ELECTION; SETTING FORTH THE PROPOSITIONS TO BE VOTED ON AT SAID ELECTION; PROVIDING FOR NOTICE OF SUCH ELECTION; PROVIDING FOR SEVERABILITY; PROVIDING FOR FINALITY OF PASSAGE. WHEREAS, the City Council,.on its own motion, desires to.submit to the qualified.vo ters of the City of Beaumont at. i a special election certain proposed amendments .to,the City Charter, and to give proper and legal notice by publication as provided by law for the time and in the form described; and, WHEREAS, the Charter of the City of Beaumont has not been altered or amended within two (2) years next preceding the date set in this ordinance for the holding of the election on the propositions herein; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT; Section 1. It is hereby ordered that a special election be held on the 25th day of January, 1972, between the hours of 7;00 a.m. and 7:00 p.m., at which election propositions for proposed amendments to the Charter of the City of Beaumont shall be sub- mitted to the qualified voters of the City for.their action thereon as set out in the official ballot hereinafter prescribed.; Section 2. The official ballot for the registering of the "YES" or "NO" vote of the voters voting on.the propositions shall be as set out in Section 5.hereof on the propositions to be voted on at said election. The proposed amendments are as- follows 0-/7/- W) l Q_,.1 -,7/ K � r (a separate number being assigned to each subject on.which an.. amendment is proposed for convenience in reference): Amendment No. 1 Section 5 of Article IV of the Chatter of the.City of Beaumont shall hereafter read as follows:;. s "Section.5 —ELECTIONS AND NOMINATIONS: Any qualified person may have his or her name placed on the official ballot as a candidate for the, office of Mayor or Councilman by filing with the Mayor at least thirty (30) days prior to the date of the election a sworn application in substantially the following form: ..I do hereby declare that I am a candidate for the office of. and request that my name be printed upon., the official ballot for that particular office in the next City election. I am years of age, a qualified voter of the City of Beaumont, a resident of the United States, and have been a'les.ident of the City of Beaumont or of an area now within the corporate limits of the City for at least two (2) years; I am a bona fide owner of real estate within the corporate limits of Beaumont and am not in arrears in the payment of any taxes or other liability due the City. At the present time I reside at Street, Ward in the City of. Beaumont. Signature of Candidate)' 600 "The application shall be verified before an officer qualified to administer oaths. The City Council may provide a filing fee to be paid by each candidate whose name appears on the official ballot in an amount not to exceed the total cost of the election." . Amendment No. 2 Sections 3 and 4 of Article IV of the Charter of the.. City of Beaumont shall hereafter read as follows: "Section 3 --GENERAL ELECTIONS HELD: All elective officers under this Charter shall be elected at the regular municipal election which shall be held on the second Tuesday in May,. 1972, and on the second luesday in May every two (2) years thereafter." If Proposition No. 16 is duly passed, Section 3.6f Article IV of the Charter of the City of Beaumont shall be amended by substituting the word "three" in lieu of the word "two "Section 4 -ELECTION BY MAJORITY, VOTING AT LARGE, RUNOFF ELECTION: The candidate for Mayor and the candidate for Councilman in each ward receiving the majority of votes cast in such election shall be declared elected, it being the intention that each ward existing under this Charter or as it may hereafter exist, shall have equal representation on the Council, but the four Councilmen and the Mayor shall be voted upon by the qualified voters of the City_ at large. If no candidate receives a majority... of all votes cast in said general election .for the position for which he is a candidate, a -3- runoff election for such position shall be called to beheld on the second.Tuesday follow- ing 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. In the event of a tie vote between two 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 candi- dates. in a runoff election, the respective candidates so tied shall, cast lots to determine who shall be, in the first instance, the success .ful candidate for the runoff election, or, in the second instance, the duly elected officer. All officers.duly elected shall take office on the first Tuesday following the runoff election:,. if one is required, and if no runoff election be required,.'then all said officers shall take office . on the- first. Tuesday following the general election." If Proposition No. 15 is duly passed, Section 4 of. Article IV of the Charter of the City of.Beaumont shall read as stated in: Amendment No. 15 of this ordinance. Amendment No. 3 Effective with the beginning of the 1972-73 fiscal year, Section 4 of Article III of the Charter of the City of Beaumont shall hereafter- read'as follows "Section 4 --SALARY: The monthly'salary..:of the Mayor shall be FIVE HUNDRED AND-NO/100- ($500 00) ND NO/100($500.00) DOLLARS and the monthly salary of each -4- Councilman shall be TWO HUNDRED AND FIFTY AND. N0/100 ($250.00) DOLLARS until changed by ordinance. Such salaries shall not be increased during the current term of the Councilmen enacting such ordinance. Councilmen and the Mayor shall receive no 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:" Amendment. No. 4 Section 1 of Article VI of the Charter of the City of Beaumont shall hereafter read as follows: "Section.I—FISCAL YEAR: The fiscal year of the City government shall begin on the first day of October and shall end on the last day of September of the following calendar year. Such fiscal year shall also constitute the budget and. accounting year. As used in this Charter .the term .'budget year' shall mean the fiscal year for which any particular budget is adopted and in which it is administered. In order to implement the change of the fiscal year, there shall be an interim budget from the 1st day of July, 1972, to the 30th day of September, 1972, after which the fiscal year shall be as hereinbefore pro- vided in rovided'in this section." Amendment. No. 5 Section 3 of Article VIII of the Charter of the City .of Beaumont shall hereafter read as follows: 4 "Section.3 -ASSESSMENT OF TAXES: All property, real, personal or mixed, lying and being within -5- s CLGL , X71- 7 0 the, corporate limits of the City of Beaumont,. not expressly exempted by law, shall be subject.to .taxation. Every person, partnership, association or corporation owning property within the limits. of the.City of'Beaumont shall, between the lst day of.January and the 30th day of April of each year; . hand to the City Assessor and Collector of Taxe,s;. a full and complete sworn inventory of the pxope,r.ty held, owned.or controlled by him, her or them, within said limits, on the 1st day of.,7anuary of the current year. In all cases of failure to obtain a statement of real and personal property from any cause, the City Assessor and Collector. shall ascertain.the amount and value of such property and assess the same as he believes'to be the:; -true and -full value .thereof, and such assess:- ment shall be as valid and binding as if such property had been rendered by the owner- thereof." Amendment No. 6 Section.3 of Article IX of the Charter .of the City of. Beaumont presently reads as follows: "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 shallnever 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< -6- 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." Section 3 of Article IX.of the Charter of the. City of :Bea .#tont.shall be repealed. Amendment No. 7 Section. 15 of Article XI of the Charter Of the City; Q.f: Beaumont shall hereafter read as -follows: "Section 1.5 -RECALL ELECTION: The. City Clerk shall at'once.examine the recall petition .and if he finds it sufficient and in compliance ..with h rovisions of this Article of the t. e , . P Charter,. he shall, within ten (10) days, sub- mi:t.it to the City Couneil.with his certificate to that effect and notify the officer sought to. be recalled of such action, Within ten (10) days of the filing of such petition, -the City. Clerk shall examine the same and, from the list of qualified voters, ascertain whether said Petition is signed by the requisite number of qualified voters, and,,if necessary, the Council shall allow him extra help for that purpose, and he shall attach to said petition a certificate' showing the results of such examination. If the Petition is found by the Clerk to be in sufficient,.i,t shall be returned to the person filing same. A petition.may be amended within. ten (10). days after notice of insufficiency.. The.Clerk shall, within ten (10)'days after such amendment is filed, in case one is, filed -7.- with him, make like examination of said amended petition. If he finds said amended" petition sufficient and in compliance with the provisions of this Article of the Charter, he shall, within ten (10) days, submit it to the City Council with his certificate to that effect and notify the officer sought to be recalled of such action. If his certificate of said amended petition shall 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, If the officer whose removal is sought does not resign within five (5) days after notice from the City Clerk of the sufficiency of the recall petition or amended recall petition, the City Council shall thereupon order and fix a date'. for holding a recall election. Any such election shall be held not less than thirty nor more than sixty days after the petition has been pre- sented to the City Council at the same time as any municipal election held -within such period; but if no such municipal election be held within such period, the City Council shall call a special election to be held within the time aforesaid." Amendment No. 8 Sections 2, 3 and 4 of Article XII of:the Charter of the. City of Beaumont shall hereafter read as follows: "Section 2—MUNICIPAL COURT: There shall be a court for the trial of misdemeanor offenses known as the Municipal Court of the City of Beaumont, with such powers and.duties as are given and prescribed by the laws of the State of Texas. "Section 3—CITY MAGISTRATE: There shall . be one or more magistrates of said Municipal Court.known as City Magistrates, one of whom shall be designated Chief Magistrate, who shall be elected by a majority vote of the City Council for a term of two (2) years. The Chief Magistrate and other City Magistrates shall be licensed attorneys at law, in good standing, and residents of the City of Beaumont for at least one (1) year preceding his or their appointment. Compensation for said Magistrates shall be fixed by the City Council. The Magistrates may be removed by the City Council for incompetency, misconduct or malfeasance. "Section 4 --CLERK OF COURT: The City Clerk shall be Clerk of the Municipal Court. He or his deputies shall have the power to administer oaths and affidavits,make certificates', affix the seal of.said Court thereto and generally, do and perform any and all acts usual and necessary by Clerks of Courts in issuing pro cesses of said Courts and conducting the business thereof." Amendment No. 9 Section 5 of. Article XV of the Charter of the City of Beaumont shall hereafter read as follows: 9 "Section 5—TERM: No indeterminate franchise shall be granted. No determinate ..or fixed term franchise shall ever be granted for a longer term than thirty-five (35) years, No determinate franchise shall ever be granted except upon the condition that the City shall have the right -at any time within five (5) years.. of .the expiration of the term thereof,, but prior to the last twelve (12) months of said term, to purchase or cause to be purchased the property of the franchise holder devoted to public service thereunder, same to be effective at the expiration of the fixed term. Before the e City shall purchase, or cause to be purchased, property from any franchise holder, the matter of the acquisition of such property shall be submitted at a municipal election to be determ3,ned by a majority vote of the qualified taxpayers voting thereon." Amendment No. 10 Section 6 of Article VIII of the Charter of the City -of. Beaumont shall hereafter read,as follows: "Section 6—BOARD OF EQUALIZATION; DUTIES: The Board of Equalization shall convene as soon as. practiciable. after May 1st and continue its labors until its said work is completed, and : during such time it shall hear and determine the complaint of any person in relation to, the x assessment roll. It shall be the duty of the Board to. examine and, if necessary, revise the assessments as returned by the City Assessor and _10m No Text ments still pending or in process of construction or acquisition. "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 con- junction with the annual budget. The Council, shall, by resolution, adopt the Capital Program - with or without amendment after the public hear- ing and on or before the 27th day of the last month of the current fiscal year." Amendment.No. 12 Article XVII of the Charter of the City of Beaumont shall be amended by adding thereto two (2) new sections to_follow Section 23 which shall hereafter read as follows: "Section 24—CITY PLANNING COMMISSION: There shall be a City Planning Commission. The number of 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 a City Zoning Commission. The City Planning Commission may make recommenda- tions to the City Manager and the City Council on all matters affecting the physical develop-.' ment of the City, shall be consulted on the comprehensive plan and the implementation thereof as provided in Section 25, and shall. -12- 1 i -1G exercise all other responsibilities as may be provided by law. "Section 25—COMPREHENSIVE PLAN: "(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 develop- ment 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 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 modification of the existing plan, the Council shall refer such proposal to the City Planning Commission, which shall; within a time specified by the City Council9.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 there- after adopt it by resolution with or without amendment. "(c) Effect: The comprehensive plan shall -13- l 0-� ca 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°" Amendment No -13 Section 3 of Article VII of the Charter of the. City of Beaumont shall hereafter read as follows: "Section 3—ACCOUNTING SUPERVISION AND CONTROL: The Director of Finance shall have powerand be required to: "(a) prescribe the forms of receipts, vouchers, bills or claims to be used by all the offices, departments and agencies of the City Government; "(b) Examine and approve all .contracts, orders and other documents by which the City -Government incurs financial obligations, having previously ascertained that monies have been appropriated and allotted and will be available when the obligations shall become due and payable; "(c) Audit and approve before payment all bills, invoices, payrolls and other evidences of claims, demands or charges against the City Government and determine the regularity, legality and correctness of such claims, demands or charges; -14® I6) "? ''(d) Inspect and audit any accounts or records of financial transactions which may be maintained in any office, department or agency of the City Government apart from or subsidiary to the accounts kept in his office. "(e) 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." Amendment.No. 14 Section.7 of Article XVII of the Charter of the City.of Beaumont shall hereafter read as follows: "Section.7—CITIZENS GIVEN PREFERENCE IN EMPLOYMENT; EMPLOYMENT BY CITY: "(a) Except as herein otherwise provided, qualifications being equal, citizens of Beaumont shall be given preference in employment by any contractor doing work for the City under contract, and such contractors shall pay the pre- vailing rate of wages paid for the class of work done; and qualifications,. prices and quality of material being equal, citizens of Beaumont shall be . given preference in the awarding of all contracts over which the City has jurisdiction, provided that this section shall not interfere with the system of purchasing supplies for the various departments by competitive bidding, "(b) Any person employed by the City of Beaumont after the effective date of this subparagraph [Section 7(b)] shall reside in the city limits of the City of Beaumont or establish such:residency within 180 days from the date, he was employed, and shall continue residency within the city limits while so employed by the City, and failure of any employee to comply with the provisions of this subparagraph shallresult in his immediate dismissal 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 subparagraph becomes_• effective." Amendment No. 15 'Section 4 of Article IV of the Charter of the City of Beaumont:shall hereafter read as follows: "Section 4—ELECTIONS; The Mayor shall be voted upon at large by the qualified voters of the City. Four Founcilmen shall be designated 'Councilmen at Large' and candidates for Council- men at Large.shall be voted upon by all the qualified voters of the City, but no two of the four Councilmen -at Large shall reside in the same ward. Four.Councilmen shall be designated -16® (4� as 'Ward Councilmen', and shall be voted upon by the qualified voters residing in each of the four wards defined in Article I of this Chaster. The candidate for Councilman and for Mayor receiving the greatest number of votes cast in the City, in the case of candidates for Mayor and for Councilman at Large, and in the respective ward, in the case of candidates for Ward Councilman, shall be declared elected, it being the intention that each ward existing under this Charter or as it may hereafter exist, shall have equal representation on the Council. In the event of a tie vote, the respective candidates so tied.shall cast lots to determine who shall be the duly elected officer." If Proposition No. 2 is duly passed, -Section 4 of Article IV shall read as follows: "Section 4 -ELECTIONS: The Mayor shall be voted upon at large by the qualified voters of the City. Four Councilmen shall be designated 'Councilmen at Large' and candidates for Council- men at Large shall be voted upon by all the qualified.: voters of the City, but no two of the four Council- men at. Large shall reside in the same ward. Four Councilmen shall be designated as 'Ward Councilmen', and shall be voted upon by the qualified voters residing in each of the four wards defined in Article I of this Charter. The candidate for Councilman and for Mayor receiving the majority of votes cast in the City, in the case of candidates for Mayor and for Councilman at Large, and in -17- the respective ward, in the case of candidates for.Ward Councilman, shall be declared elected, it being the intention that each ward existing under this Charter or as it may hereafter exist, shall have equal representation on the Council. If 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. In the event of a tie vote between two or more candidates with the second greatest number of votes in the general election, orin the event of a tie vote between the two 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. All officers duly elected shall take office on the first Tuesday following the runoff election, if one is required, and if no runoff election be required, then all said officers shall take office on the first Tuesday following the general election." Sections 2, 3,,.7 and S of Article III shall be amended_ as follows: Section 2 shall be amended by substituting the word "eight" in lieu of the word "four". Section 3 shall be amended by substituting the word "eight" in lieu of the word "four", and by substituting the I ords "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 *t twice appears. Section 6 of. Article IV of the Charter of the City of Beaumont shall hereafter read as follows: "Section 6 -BALLOTS: The official ballots shall be printed not less than twenty days before the date of the election. Candidates for Council. men at Large shall be designated by positions. position one (1) shall include candidates for Councilman at Large residing in Ward I; position two (2) shall include candidates for Councilman at Large residing in Ward II; position three (3) shall include candidates for Councilman at Large residing in Ward III; and, position four (4) shall include candidates for Councilman at Large residing in Ward IV. The offices printed on the official ballots shall be for Mayor, Councilman at Large for position 1; Councilman at Large for position 2, Councilman at Large for position 3, Councilman at Large for position 4, Ward Councilman for Ward I, Ward Councilman for Ward II, Ward Councilman.for Ward III, and Ward Council- man for Ward IV. The order in which the names of -19- 1--7 6 the candidates for each office shall appear on the ballot shall be determined by lot in a draw- ing held under the supervision of the City Clerk., and said ballot shall in all other respects con- form to the general laws of this State." Amendment No. 16 Section 2 of Article III of the Charter of the City of Beaumont shall hereafter read as follows: ".Section 2—NUMBER AND TERM: The City Council shall be composed of a Mayor and four (4) Council- men elected from the City at large in a manner as hereinafter provided. The term of office shall be for three (3) years and until the respective successors be elected and qualified." If Proposition No.. 15 is duly passed, the word "eight" shall be substituted for the word "four" and the words "from the City at large" shall be deleted from the foregoing amendment of Section.2 of Article III.. Section 3 of Article IV of the Charter of the City of Beaumont shall be amended by substituting the word "three" for the word "two". Section 3. The special election hereby ordered shall be held under the provisions of the Charter of the City of Beaumont, Texas, and the Constitution and Laws of the State of Texas and the ordinances of the City of Beaumont, including this particular ordinance, and only qualified voters of and in the City of Beaumont shall be allowed to vote at said election, and each elector shall. -vote in the election precinct of his residence. Section 4. Said election shall be in the City of Beaumont, Texas, at the following places and the following named persons -20- Pct. No. Special Canvassing Board for Absentee Votes Cast by Mail Polling Place Election Officials City Hall Hardy D. Akin Charles R. Dollinger, III Roy Gibbs The presiding.judges shall be authorized to select such clerks or other assistants provided by law, as may be deemed necessary and said election shall be held in.accordance with the provisions of law relating to elections for the submission of amendments. to municipal charters and the general laws of the State, of -Texas shall be observed insofar as they are applicable. Section 5< The City Clerk is hereby directed to prepare .the ballots for said election. On such ballots shall appear propositions corresponding.to each of the proposed Charter amendments set forth above in Section 21 with provisions on such ballots permitting voters to vote "YES" or "NO'S on each proposition without voting "YES" or "NO" on all propositions. Such propositions shall be as follows (the number of the propositions corresponding to the numbering of the proposed amendments listed in Section 2 above) Proposition No. 1 .(Repealing the provision authorizing primary, elections) Shall that portion of Section; 5 of Article IV be repea�00 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? 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, -24- ?1 -e! R 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? 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). DOLLARS per month, and to provide that the Councilmen and the:Mayot shall receive no other compen* sation 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? Proposition No.4 (Changing the fiscal year to begin October 1) Shall Section 1 of Article VI be amended to change.th.e 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 1st day of July to the 30th day of September of the first calendar year._f.ollowing-the enactment of this amendment? 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 1st day of Januaiiy. -25- No Text • 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 date of certificate, that within -ten (10) days of such amendment, 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? 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? 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? Proposition No, 10 (Changing the date for convening the Board of Equalization) Shall the date on which the`Board of Equalization shall convene, as provided in Section 6 of Article VIII, be changed from "as soon as practicable after June 1" to "as soon as practicable after May 1"? -27- No Text "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 hear .. ing for the proposed.Capital Program and the notice of same.may be in conjunction with the annual budget. The Council shall, by—resolutiony adopt the Capital Program with or without amend. ment,after the public hearing and on or before the 27th day of the last month of - the .current fiscal year."? 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) Fffec tive January 1, 1974, shall two (2) new spc tio0s of Article XVII, to follow Section 23, be adopted, thereby'.be coming a part of the City Charter, providing for a City �Ilanning'. Commission and Comprehensive Plan and adoption thereof, to read as follows: "Section 24—CITY PLANNING COMMISSION: There shall be a City'Planning Commission. The number of .embers 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 a 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 029 0. 0 provided in Section 25, and shall exercise all., other responsibilities as may be provided by law, "Section.25®COMPREHENSIVE PLAN: "(a -)__Content The Council shall adopt, andmay 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 funct ona and services. "(b) Adoption: Upon receipt from the City Manager or his designee of a proposed comprehensive plan or a proposed.modificam. -, tion.of the existing plan, ,the Council shall refer such proposal to the City Planning Commission, which shall, within a time specified by the City Council,report its recommendations thereon. After receipt of the recommends- 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. m30- "(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."? Proposition No. 13 (Relating to an annual inventory of property belonging to the City) Shall the Director of Finance have power and be rem quired to make an annual inventory of property belonging 'Q the. City of. Beaumont by. amending Article VII by adding'theret.o.a new, Subsection 3(e) to read as follows: "Annually inventory and retain in'a 'proper.ty book' all property assets belonging to .the.Ci.ty of Beaumont which are tangible, have a useful life longer than the current fiscal year, and have a. significant value."? 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.disr missal from employment with the City of Beaumont; provided, _however, that this amendment shall not apply to any person -310 employed by the City of 13eaumont on the date this amendment becomes effective? 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 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,rela.ted..,- provisi,ons 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; Article III Section 2 shall be amended by substituting the word.: "eight" in lieu of the word "four!' o Section 3 shall be amended by substituting the word "eight" in lieu of the word "four", and by substituting the words ".two Councilmen" in lieu of the words "one Councilman", Section 7 shall be amended by substituting the.wQrd "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 c-_omply.,mith the provisions of this proposition.? -32w 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? Section 60 Voting machines shall be employed at the election hexipi ordered in accordance with the provisions of the Texas Election Code of the Revised Civil, Statutes, Article 7.14, and -said' election shall be held at the polling places in.the regularly, prescribed voting precincts of the City of Beaumont. Absentee voting shall be conducted by the City Clerk at his office.in thq.:. City Hall, and the results canvassed and returns made as Pro-....: vided by law. Section 70 A copy of this ordinance, signed by the Mayor.of the City of Beaumont, Texas, and attested by the City Clerk of said. City, shall constitute the notice ordering said election, and; the City C1erk.is directed to cause a copy of this ordinance, signed by the Mayor and attested by him, to be paste.d.,,a:a:. the City Hall in the City of Beaumont, Jefferson County and at each of the polling places in each prof the. City said posting to be not less than twenty (20) days prior to saidelection, and to cause a copy of this ordinance to be*. published on the same day in each of two successive weeks:in some newspaper of general circultation in the City of Beaumont, saidpublication to be made in'accordance with the requirements. of Article 1170,. V.A.C..So, Texas, the first such publication to be made not less than fourteen (14) days before the data of.':., - said election, -33- �c} fair, f p---V 4 Section 8e If any one or more of these Charter Amendments, or any. part or parts thereof, shall be held unconstitutional, such . unconstitutionality shall not affect the validity of the re- maining Amendments, or remaining parts of said Amendment, Section 9. This ordinance shall be finally passed on the date of its introduction, this 21st day of December,A.D., 1971, and shall take effect immediately upon its passage and signature by the Mayor, and the City Clerk is hereby authorized to attest hereto and affix the seal of the City of Beaumont. PASSED this 21st day of December, A.D., 1971. J �=— m Mayor o Ted /J - APPROVED; Triad Heart ie City Attorney ATTEST: ` d City Clerk o -34- ORDINANCE. 7c/` ENTITLED AN ORDINANCE ORDERING-AN ELECTION TO BEHELD IN THE CITY OF BEAUMONT, TEXAS ','ON THE. 25TH DAX OF JANUARY, 1972, FOR THE PURPOSE OFF` SUBMITTING,.TO THE QUALIFIED VOTERS OF THE .CITY OF BEAUMONT.PROPOSITIONS FOR THE AMENDMENT`OF. THE CITY CHARTER; PROVIDING FOR PLACES WHERE.: SUCH 'ELECTION SHALL-BE-HELD; PROVIDING:-FOR THE HOLDING OF SUCH ELECTION, INCLUDING THE NAMING OF.OFFICIALS.TO CONDUCT SUCH ELECTION; SETTING FORTH THE'PROPOSITIONS TO BE VOTED ON AT SAID. ELECTION-; _PROVIDING. FOR_:NOTICE OF-SUCH-ELECTION; _ PROVIDING FOR SEVERABILITY; PROVIDINGFOR^• FINALITY OF PASSAGE, WHEREAS, the City Council, on its own motion, desires to submit to the qualifiedvoters of .the City of Beaumont• at'... a special election certain proposed amendments .to the. City , Charter, and .to give proper and legal notice.by publication as; provided by law for the: time and in the form described; and, WHEREAS, the. Charter of the City of. Beaumont has not,: ..been "altered or amended within two (2) years next preceding the date. set in this ordinance for the holding. of the election_ .the propositions herein; NOW, THEREFORE, ...BE, IT ORDAINED BY THE CITY OF'BEAUMONT: Section 1. It is hereby°ordered that a special electionbe held on the 25th- .day of January, 1972, between the hours of ' 7 : 00 a and 7:00 p.m.,'at which election propositions for proposed = amendments to the Charter of the City of Beaumont shall be sub- muted to the qualified voters.of the City for. their action thereon.as"set out in the official ballot.hereinafter,prescribed. Section 2. The official ballot for 'the registering. of the ."YES" or "NOT" ..vote of the voters voting, on. the propositions . shall lie as set out in Section 5 hereof on.the propositions to be voted on at said -election. The proposed amendments are as follows Pct. No. Special Canvassing Board for Absentee Votes Cast by Mail Polling Place City Hall Election Officials Hardy D. Akin Charles R. Dollinger, STT Roy Gibbs The presiding.judges shall be authorized to select such. clerks or other assistants provided by law, as may be deemed. necessary and said election shall be held in.accordance with_the provisions of law relating to elections for the submission of amendments' to municipal charters and the general laws of the, -State of Texas shall be observed insofar as they are applicable. Section 5. The City Clerk is hereby directed to prepare the ballots for said election. On such ballots shall appear propositions corres_ponding.to each of the proposed Charter amendments set forth' above in Section 2, with provisions on such ballots permitting voters to vote"YES" or "NO'o on each proposition without voting. "YES" or !'NO" on all propositions. Such propositions :shall be as follows (the number of the propositions corresponding -to the numbering of the proposed amendments listed in Section 2.above): Proposition No. 1 (Repealing the provision authorizing primary elections) Shall that portion of Section 5 of Article TV 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? proposition 'No. 2 by, majority and runoff (Relating to election 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 allvotes cast for.their positions at the general election, -24-