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HomeMy WebLinkAboutORD 45-B4� J. D. CAM PBELL CITY ATTORNEY BEAUMONT, TEXAS f� 1 �l To the Hon. -Mayor and City Council: - We your Ordinance Committee .to whom was referred the report of a committee of citizens heretofore appointed -by the Mayor and members of the Council,and styled the Charter Com- mission, most -respectfully report that we have considered said report and believde that the question of framing a new char- ter should be submitted to the- people for their votes. We are therefore handing you herewith draft of an Ordinance covering the matters and most respectfully recommend that the ordinance be adopted.. We recommend that the names of the fol- lowing gentlemen be suggested to the voters as a proper commission to frame a new ,charter:- Joe. C. Clemmons, Harry A. Barr, C. T.. Heisig, A. A., Lord, -'--L-. beans, N. G. Cofer, Ed E. Eastham, g. J. Black, E, H. Green jr., C. C.RoUerts, Geo. D. Antersan, Ben. S. Woodhead, C. E. Drake, Chas. D. Smith, and J. Y. Robertson. RWSPectfully submitted, ftdinance Committee.' AN ORDINANCE a4,L 12722yA4&At for the submission to the qualified voters of the City of Beaumont the question, "Shall a commission be chosen to frame a new charter?", and_a;so providing for the election from -the city at large of "6harter Commission of fifteen members, suggesting the names of said commission and declaring an emergency. / BA., ,I T ORDAINED BY THE CITY-CdTTNr,IT; T14F r -OF .�ITY - O F_"REA .TTA .4ONT TEXAS : MECTIOAT 1.. That anJeaction shall be held in th`e city of Beau- mont, Texas on the , �day of o , 1919, at which election there shall be submitted to the clualified voters of the city the question,"Shall a commission be chosen to frame a ndw charter?" SECTION S• That at said election there; shall -be chosen a com- mission to frame said new charter in case it is decided to frame a new charter and the City Council suggests as proper persons to frame s:id charter the following qualified voters in the city,to- Fzit: J.C.Cl©m'nons, Ii.A.Barr,C.T.Heiog, C.A.Lor4 L.Meana,N.G.Cofer,Ed.E.Eastham,L.J.Black, E.H.Green,Jr.,C.,C.Roberts,Geo.D.Anderson, Jxi�xi�3af Ben ==.}}S .11ood.head,�C . E . Drake, Chas . D . Smith, and SECT��'. oberts not acid election shall be held at the following places, to -wit: - First Ward..............Central Fire Station Second Ward......... ...City Hall. Third Ward......... Jefferson County Court House SECTION 4. The following named persons are appointed the pre- siding judges in their respective Wards with the authority to select and appoint their clerks: First Wa,rd.....H. .Fletcher, Presiding Judge Assistant Judge. Second Ward....H.D.Schwaner, Presiding Judge P.A.Dowling, Assistant Mudge. Third Ward ... ...Kyle Ward, Presiding Judge. J.C,Mow, Assistant Judge. SECTION 5. That said election shall `be held under the pro- visions of the Sate Law covering elections and all qualified voters of the City of Beaumont shall be allowed to vote at said election and the polls shall be kept open frora-e-fight o'clock in 'the morning until seven o'clock in the evening. _ = e tickets vo#-a ed at such election shall be headed,"Charter Elect M" and there shall be under said head,"Shall a comrniss'o be chosen to frame anew ehzter?" ., and on a line imine iately below sa clues '0Y1 the voter shall write the word "yes" or'° "n3" according as he shall de- sire to vote on said question. And there shall also--be-written -on said -ballot the question,'!Who shall be bleoted to frame.a new charter?", and underneath the �-ion s all be'printed the fif- teen names suggested in' -section two of this ordinance and addition- al space shall be `left for the writing of fifteen names,. Each voter shall vote for the election of fifteen persons and may erase as many of the names printed as he sees proper and write in as many additional names, provided, however, that not,:more than fifteen names shall be voted upon by any one voter. SECTION 6, A majority of all votes cast for or against the pro- p osition,"Shall a commission be chosen to frame a nets charter?", shall decide the question. The fifteen names receiving the high- est number of votes for commission6re shall be declared as the corn - mission to frame a new charter. in case the proposition to frame a new charter shall be carried in the affirmative by a majority of 0 the votes cast. SECTION 7 This ordinance shall be published at least once each wee or at least thirty days prior to the date of -holding said elee ion in a news paper of general 'eireulation.whieh has been continuously and regularly published for a period not less than one year in Jefferson County, Texas. In addition to said publication a copy of this ordinance, signed by the Mayor.and attested by the Secretary of the City of Beaumont, shall be post- ed up at each of the places designated before -said election and ,said publication of said ordinance and posting up of copi-es of said ordinance at each of the voting places shall serve as pro- per notice of said election. SECTION 8. • whereas the present charter of the City of Beau- mont is deemed insuffidient to meet the growing needs of the City of Beaumont, a necessity exists for the early framing of the new charter. An imperative and public necessity exists re- quiring the suspension of the rule that ordinances be read at three regular meetings and said rule is hereby suspended and this ordinance shall take effect and be in full force from and atter its lawful passage and publication. a .JV6t..�� pYM 1 e,6� BEN S. WOODHEAD W. A. PRIDDIE GEO. D. ANDERSON , f_,.� HARRY C. WIESS PRESIDENT VICE-PRES. SECRETARY t !. TREASURER The Beaumont Lumber Company Yellow Pine and Hardwood Lumber M. L. WOMACK, JR. GEN. SALES AGENT BRIDGE TIMBERS, CROSS TIES AND PILING. CAR SIDING, ROOFING AND DECKING Beaumont, Texas, March 15th, 1919 Hon. B. J. Diffenbacher, Beaumont, Texas. Tdy dear Doctor; - ANY CHARGE IN PRESENT RATE OF FREi6NT UPON WHICH QUOTATIONS OR ACCEPTANCE OF ORDERS ARE BASED. AS ALSO ANY FEDERAL TARES ASSESSED UPON FREIGHT CHARGES MUST BE AS- SUMED BY THE PURCHASER. ALL QUOTATIONS, CONTRACTS AND AGREEMENTS ARE MADE CONTINGENT LRON STRIKES, FIRES. FLOODS. INABILITY TO SECURE CARS, ACCIDENTS, DFLATS OF CAR- RIERS AND OTHER DELAYS. ONAVOIDABLE AND BEYOND OUR CONTROL. NO ALLOWANCE FOR SWITCHING CHARGES AT DESTINATION. OUR RESPONSIBILITY CEASES WITH ISSUANCE OF BILL OF 1ADING. As I will be abzent from the City next week, I am tra.ns- mitting to you by mail herewith the report of the Charter Commission which is the result of a great deal of deliberation and thought fulness on our part. I also return the letter 'of the Attorn�y,.s dated February 25th, which was submitted with your letter. I trust this will meet with your approval. You -,,.-s very truly B SW -B. f Beaumont, Texas, March 8, 1919. Honorable 1%yor & City Council., Beaumont, Texas, Gentlemen:.. ' your committee appointed to consider matters in connec- tion with the propooed new City Charter and extension of the city limits and requesting proper disposition of school districts in so far as they will be affected by the extension of the city limits, have held several meetings and gone into the questions involved with a great deal of care and deliberation, and by a unanimous vote of those present at the meeting held on the night of the 7th inst, the following conclusions were reached: In order to be able to extend -the city limits without affecting the existing school districts, a part of whose territory will be included in such extension of the city limits, it is the judgment of this committee that the most advisable plan will be to secure an amendment to the Act of the Legislature. approved May 19, 1917 ( Acts of the f iret called Session of the 35th Leg- islature, Chapter 28, Pages 3536) so as to permit the city to make its extens ion of city limits for municipal purposes only. The Act of May 19:9 1917 above referred to provides that whenever the limits of any city which is an independent school district, , are extended so as to embrace the whole or part of any other independent or common school district adjacent to such city, that portion of such adjacent independent or common school district so embraced within the enlarged city limits shall thereafter become a part or portion of the city independent 61 1 V, #2. school district. The proposed amendment would enable the City of Beaumont at the election to extend its city limits to avoid the effect of the above Act and leave the several school dis- tricts as they now exist, regardless of the extension of the city limits. It is further recommended that such amendment be so phrased as to permit the city at its election, to take in some additional territory for both school and municipal purposes, and some for municipal purposes only or for school purposes only, thereby giving the greatest freedom and latitude to the city, to deal with the situation as it sees fit when a properly con- stituted charter commission is elected to pass on these matters. In view of the preference of the committee as above expressed, we do not deem it wise to suggest boundaries of a proposed enlarged independent school district for the city. Should the regularly constituted charter commission to be elected by the people for the purpose of adopting a new Charter or . Charter Amendments, conclude it is advisable in addit ion to the solution we offer as above, to.have an enlarged independent school district created by special Act of Legislature, it would be proper for such commission to propose -the boundaries for such independent school district; and this would also enable our citizens to vote upon the question whether they desired to divorce the school system from the city government and invest in a sepa- rate school district, a matter which we think would be highly desirable for the citizens to pass upon. Your committee further recommends that a special committee of attorneys be employed by your body to at once draw up the bill to amend the Act of May 19, 1917s and secure its I �3 a t j aessage by the Legislature, The committee reiterates its former recommendation namely; that at the earliest possible moment your honorable body submit to the people of Beaumont, the question as to whether or not they favor a new Charter, and at the same time submit the names of the proper number of charter commissioners, so if they do, such nominees -may be voted upon and proceed immediately to work. It is not probable that the bill mentioned in this letter can be passed at the present Session of Legislature, but as there will undoubtedly be a special session in the next few months, your committee feels that such an important measure can properly be submitted through the special session. This is an additional reason however, why the Charter election should be held at once, so that if the people decline to vote for a new Charter, no further action need be taken regard- ing the proposed legislation. We return herewith a special report -of the attorneys dated February 25th, addressed to the Mayor andCity Council. We beg leave to advise that all the recommendations made herein were passed unanimously by the thirteen members of the committee present at the last meeting. Respectfully submitted, Chairman. J ORGAIN, BUTLER F- BOLI N G E*R WILL E_ORGAIN' ATTORNEYS AT LAW CHARLES T. BUTLER W.A.B OLIN G ER BEAUMONT, TEXAS Y. D. CARAOLL February 25, 1919. TO 'TBE HON O RiiBLE MLYO R AND CITY CO UNG IL , BE.LMAOKIT , TEXAS. Gentlemen; - VYe, your Commit tee appointed to investigate the question of whe_t:her or not t_he City of Beaumontt could so change its present charter - as to extend the present, boundaries of the city of Beaumont, and yet retain the right to adopt a new charter, or Mke further amendment to the present charter, wit-hin a period of less than two years, beg leave to report as follows:- The ollows;- The amendment, to the texas Constitution as adopted in 1913 and .known as the Home mule'- amendment specifically provides that no city charter shall be altered, amend ea or repealed oftener than every two years . Vie think, without doubt, that a change in the present boudar.ies would constitute an alteration or amendment. of the present charter, and .for that reason, it 'would bar the right to adopt a new charter within the. next two years because an adoption of a new charter would be the repealing of the present charter as amerned by the ext ensaon of the city limits. Vve are also of the opinion that no pct of the Legislature could- give the right to the City of Beaumorrc to vote on an extension of the city 1 imit s and yet retain the right to adopt a new charter within less than two years , in the event �ja_ the proposed extension of limits was successful* since the Constitutibm provides that a charter shall not be altered, amended or repealed oftener than two years, no act of the Legislature giving the city such right would be vali ct. But while these questions and the question of a valid and expeditious mode of procedure by which we may extend our pity limits in time fox the next Federal CensusaZB surrounded with more or less serious difficulties on account of the considerable confusion existing in laws, nevertheless, after giving the matter such investigation and consideration as we could. in the circumstances, we submit the following additional suggestions as a possible way out;- und..er the Constitution an Independent School Di st ricA can 'be created by a general law of the State embracing territory of adjoining common school districts and territory in one or more counties (article Sect ion 3 , Texas Constitution) . That is to. say, t he ' present Legislature, without notice, can pass a gene xal law creating an Independent School I.etrict, embracing the territory comprising the present City of, Beaumont and such territory West thereof as is not now already embraced in an Independent School District, and also territory Bast of the river in Grange County, if and as desired. Lnd if such an independent achool District B- as suggested should be created, whatever .limits thereof may be determined upon, -ghat would effect .a. divorcement - of the free seho.01 system . fro m the. City Government of Beaumont; and then the Cit.y of $eeumont could extend ]its limits, -for municipal, purposes .to what'ever extend it should see fit; without interfering with -or affecting for school purposes anyterritory encroached upon in other words, the 'extension would be of the limit -s 'of the City 4s a - city 'for ..municipal purposes only,,.and -not- . as a school` district- for scihool, purposes:_ The _foregoing method is suggested as probabl3r the most practicable and expeditious way to dispose of the: difficulties met, with in the. Amendment of 1917, which provides -that the territory taken into the city by extending the: city .limits shall -'bo comea part. of ,the school district of the City, our City under exist. ing law, being both a .City and a school. district.'' all in, one , and under one Governement.. vVe conclude . that this"suggested method would avoid the necessity of att:erq?ting t -o amend _the ;lct of .1917; .'and furthermore, in investigating that et; ; the . committee reached , the conclusion that an attempt t'o amend it would probably meet with such opposit ion, in the Legislature, affecting as it, does so many of the smaller cities throughout the -#4 - state, state, as would. make such 4ttempt impracticable; and, furthermore, the proposition df its amendment, is not altogether free of doubt on constitutional ground -s. If the method suggested should be adopted by you as a way out o.f the difficulties, we further suggest that the bill to be presented to the Legislature should be e* drawn so as to make the taking effect. thereof as nearly cont emporaneous with the adoption 'by the people of their new charter as possiblce; and this may be done of course 'by anticipating as accurately as possible the time it would require to get a new charter submitted to the people and voted on, and have the: bill to be proposed- provide that it shall take effect at the time ,de�teT.Wlne�d on. 'dhile it may be that the passage of such a bill immediately by the Legislature, to take effect. at once, would not be a change or amendment, or alteration of the charter as contemplated by the constitu- tion and Laws, so that we cotes -- proceed with the adoption of a new charter within two years, yet to have the bill take effect at a time in the future contemporaneous- ly with the adoption of a new charter woul& doubtless remove that question entirely. If the committ.e a can serve you further, we stand subject to your call. No Text