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HomeMy WebLinkAboutORD 69-281 ORDINANCE NO. &9—a ENTITLED AN ORDINANCE ORDERING A SPECIAL ELECTION TO $E HELD IN THE CITY OF BEAUMONT, TEXAS, ON THE DAY OF/ , 1969, TO DETERMINE -WHETHER A CABLE SIGN FRANCHISE SHOULD BE GRANTED ;-.TO BEAUMONT CABLEVISION, INC. PURSUANT TO ORDI- 'NANCE NO. 69-4 WHICH WAS PASSED ON THIRD AND FINAL READING BY THE CITY COUNCIL OF THE CITY OF BEAU- MONT ON FEBRUARY 25, 1969; ALSO TO DETERMINE WHETHER THE CITIZENS OF THE CITY OF BEAUMONT ARE IN FAVOR OF A PROPOSED MINIMUM HOUSING CODE; NAMING THE PLACES WHERE SAID ELECTION SHALL BE HELD AND APPOINTING JUDGES AND ALTERNATES TO PRE- SIDE OVER SAID ELECTION; PROVIDING FOR THE FORM OF NOTICE THEREOF; PROVIDING FOR THE FORM OF BALLOT FOR USE IN SAID ELECTION; AND PROVIDING THE MANNER OF HOLDING SAID ELECTION. WHEREAS, on February 25, 1969, the City Council of The City of Beaumont passed on third and final reading Ordinance No. 69-4, which ordinance granted a cablevision franchise to Beaumont Cablevision, Inc.; and, WHEREAS, on the 22nd day of April, 1969, a petition was filed with the City Council calling for an election to determine whether or not said cablevision franchise should be granted to Beaumont Cablevision, Inc.; and, WHEREAS, the petition was signed by a sufficient number of qualified voters of The City of Beaumont; and, WHEREAS, Article 15, Section 3 of the Charter of The City of Beaumont provides that all ordinances granting fran- chises shall not take effect until 60 days after the adoption on third and final reading; providing, however, if at any time before any such ordinance shall finally take effect such a petition is filed, 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; in the event the next succeeding general 11 election is not within 12 months from the effective date of WHEREAS, said petition was presented within 60 days after third and final reading and the next succeeding general election is not within 12 months from the proposed effective date of the ordinance, such effective date being the 26th day of April, 1969, and the next succeeding general election date being the 12th day of May, 1970, the City Council has deter- mined that a special election should be called; and, WHEREAS, there is now pending before the City Council for their action a proposed Minimum Housing Code for The City of Beaumont; and WHEREAS, it is the desire of a majority of the City Council that a poll be taken of the citizens of Beaumont in order to determine whether the citizens are in favor of this proposed Minimum Housing Code; therefore, a majority of the City Council has determined that the citizens of Beaumont be allowed to express their feelings on the proposed Minimum Housing Code by placing a proposition concerning the proposed Minimum Housing Code on the ballot of the special election called pursuant to the above quoted sections of the Charter of The City of Beaumont; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT, TEXAS: Section 1. That in accordance with the provisions of the laws of the State of Texas and Article 15 of The City of Beaumont, Texas, a special election within the corporate limits of The City of Beaumont is hereby ordered to be held on the day of 1969, to determine whether a cablevision franchise should be granted to Beaumont Cablevision, Inc. pursuant to Ordinance No. 69-4 which was passed on third of the City of Beaumont are in favor of a proposed Minimum Housing Code for The City of Beaumont. Section 2. Legally qualified voters residing within the corporate limits of The City of Beaumont shall be entitled to vote at said election. Section 3. That said election shall be held in The City of Beau- mont at the following places and the following named persons are appointed presiding judges for their respective voting boxes, with the authority to select and appoint their own clerks, to wit: Precinct No. 1 - Edwards Elementary School, 4401 Detroit, Mrs. C. C. Moore (E. E. Holder, Alternate) Precinct No. 2 - French High School, 4415 Concord Road, Mrs. F. W. Forsythe (Mrs. Wm. Ehrensberger, Alternate) Precinct No. 3 - School for the Deaf, (01d French Elementary) 1800 Tulane, Mrs. 0. Lambright (Mrs. J. E. Blaylock, Jr., Alternate) Precinct No. 4 - Longfellow Elementary School, 3395 Harrison, Albert Henry (C. B. Wright, Alternate) Precinct No. 5 - Caldwood Elementary School, 102 Berkshire Lane, Mrs. R. P. Barry (Mrs. P. R. Riegel, Alternate) Precinct No. 6 - Beaumont High School, 88 Millard Street, L. E. McClaran (R. J. Vivrette, Alternate) Precinct No. 7 - Averill Elementary School, 2330 North, D. N. Bodin (Mrs. D. N. Bodin, Alternate) Precinct No. 8 - Memorial Baptist Church Educational Building (Old Junker School) 2295 Cable, Mrs. James E. Ray (Mrs. Henry Bray, Alternate) Precinct No. 9 - Central Fire Station, 402 Walnut, John H. Houston (Mrs. Frank Estes, Alternate) Precinct No. 10 - Dick Dowling Junior High School, 1300 North, L. L. Bonner (Mrs. C. R. Phelps, Alternate) Precinct No. 11 - County Courthouse, 1149 Pearl, Mrs. W. C. Ross, Sr. (W. C. Ross, Sr., Alternate) inct No. 12 - Carver Fl t Precinct No. 13 - Trinity Baptist Church, 1090 Van Buren, E. A. Godwin (0. D. Lindsey, Alternate) Precinct No. 14 - Ogden Elementary School, 2300 Victoria, Mrs. J. 0. Walters (Mrs. Ed Haston, Alternate) Precinct No. 15 - David Crockett Junior High School, 1400 Royal, Mrs. Theodore Rush (A. L. Bulgier, Alternate) Precinct No. 16 - Fletcher Elementary School, 1050 Avenue E, Mrs. A. P. Wenner (A. P. Wenner, Alternate) Precinct No. 17 - Drainage District # 6 Office, 790 Jeny Lane, Mrs. Minnie Eberhard (Mrs. J. P. McCarter, Alternate) Precinct No. 18 - Hebert High School, 3445 Fannett Road, Stella Melonson (Bennie Rae Sonnier, Alternate) Precinct No. 19 - Giles School, 3500 Chaison, Mrs. W. M. Youse (Mrs. Johnnie A. Barnes, Alternate) Precinct No. 20 - Pietzsch Elementary School, 4301 Highland, Mrs. J. C. Burkhart (Mrs. Marie Griffin, Alternate) Precinct No. 22 - Roy H. Guess School, 8055 Voth Road, T. S. Webb (Mrs. B. W. French, Sr., Alternate) Precinct No. 23 - Stone Mfg. Co., 7124 Tram Road, I. W. Stone (Roy H. Guess, Alternate) Precinct No. 27 - Amelia Elementary School, 565 Major Drive, Mrs. V. B. Riley. (Mr: V. B. Riley, Alternate) Precinct No. 39 - Blanchette Junior High School, 2400 Lela, Clara M. Chaison (Mrs. Anna B. Fontno, Alternate) Precinct No. 62 - Sallie Curtis School, 6225 N. Circuit, Mrs. T. C. Collier (Mrs. R. M. Huff, Jr., Alternate) Precinct No. 63 - Lucas Elementary School, 1750 E. Lucas, Mrs. A. J. Reaux-(Mrs. Louise Adams, Alternate) Precinct No. 64 - Tyrrell Park Elementary 'S.chool, 5515 Phelps Road, Beulah L. January (Mrs. W. J. Neely, Alternate) Precinct No. 67 - South Park High School, 4500 Highland, Hilton E. Crawford (M. H. Meynig, Alternate) Precinct No. 75 - Austin Junior High School, 3410 Austin, Otis Stracner (Don McClintock, Alternate) Rer fi nn A _ The mayor is hereby directed to cause the notice of v' '. L;; 1. • v.,� 0 .. r to be posted at each of the places herein designated for holding said election, at least twenty (20) days prior to the date of holding said election. In addition, notice of this election 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. The notice of election shall be as follows: "NOTICE OF SPECIAL ELECTION IN THE CITY OF BEAUMONT, TEXAS, TO DETERMINE WHETHER A CALBEVISION FRANCHISE SHOULD BE GRANTED TO BEAUMONT CABLEVISION, INC. AND ALSO TO DETERMINE WHETHER THE CITIZENS OF THE CITY OF BEAUMONT ARE IN FAVOR OF A PROPOSED MIN- IMUM HOUSING CODE. P "Notice is hereby given that a special elec- tion•will be held in The City of Beaumont, Texas, on the /� . day of rAf A) e , 1969, from 7: a.m. to 7:00 p.m. todeter- mine whether a cablevision franchise should be granted to Beaumont Cablevision, Inc. and also to determine whether the citizens of The City of Beaumont are in favor of a pro- posed Minimum Housing Code, all as is more particularly set forth in the copy of the election ordinance passed by the City Council and attached hereto." Cori -i nnri The form of ballot which shall be used in said special election shall be substantially as follows: "Ordinance 69-4 grants a franchise to Beaumont Cablevision, Inc. to maintain and operate a cable television system in The City of Beaumont for 25 years; provides that Beaumont Cable- vision, Inc. will use facilities capable of distributing color TV signals, will furnish to its subscribers the television signals of at least (8) commercial television stations, will charge a rate not to exceed $4.50 per month per connection, will pay to The City of Beau- mont $100,000.00 as a franchise acceptance fee, will pay to The City of Beaumont $75,000.00 upon acceptance of the franchise as a deposit on the first 3 years of operation and will pay to The City of Beaumont annual payments be- ginning the first year with $10,000.00 or 7% of the annual gross revenues received by Beaumont Cablevision, Inc. for services ren- dered within the City of Beaumont, whichever amount is greater, and increasing each year of the 25 year period until said payments the 1 act vaar rpAo h Aug 5 nnn _ nn nr 19,/_ of the "FOR the granting of a franchise. "AGAINST the granting of a franchise." PROPOSITION ON MINIMUM HOUSING CODE A minimum housing code to establish minimum standards governing the use, occupancy and maintenance of structures occupied for residential purposes. "FOR the proposed minimum housing code. "AGAINST the proposed minimum housing code." A That said election shall be held under and controlled by the provisions of the state laws governing elections. That in accordance with the provisions of the laws of the State of Texas; voting machines shall be used for voting on the day of election and also for the casting of absentee votes by personal appearance at the City Clerk's office. In accord- ance, with the provisions of the laws of the State of Texas absentee votes by mail shall be counted by a special canvassing board which shall be composed of Hardy D. Akin, Dr. Charles Walker, and Roy Gibbs. Hardy D. Akin is hereby appointed Presiding Judge of said Special Canvassing Board and Dr. Charles Walker and Roy Gibbs are hereby appointed Clerks. PASSED by the City Council this 13th day of May, 1969.