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HomeMy WebLinkAboutORD 55-SAN ORD INANC E ENTITLED AN ORDINANCE ORDERING A SPECIAL ELECTION TO BE HELD IN THE CITY OF BEAT IONT TO DETERMINE . WHETHER -OR NOT. A PR OP OSED_ NEVI CHARTER FOR THE CITY OF BEAUPTONT BE. ADOPTED; ALSO, OR- DERING SAID ELECTION FOR THE PURPOSE OF SUBMIT- TING THE QUESTION OF WHETHER OR NOT THE FIREI-EN?S AND POLICEIt9EN,1S CIVIL SERVICE ACT AS. PASSED BY THE 50TH LEGISLATURE_ OF THE STATE OF TEXAS _AT ITSI REGULAR -SESSION BE ADOPTED OR.REJECTED; SETTING. THE DATE THEREOF.; PROVIDING THE_ PIACES AT WHICH SAID _ELECTION SHALL BE . I ELD; . APPQIITTING - JUDGES_ _ TO PRESIDE.OVER SAID ELECTION;.PROVIDING.THE MA1TNER OF HOLDING SAID.ELECTIONS; PROVIDING THE ISSUES TO BE_SUBMITTED AND THE FORK OF BALLOTS; PROVIDING SEPARATE. BALLOTS; . PROVIDING FOR. NOTICE OF SAID ELECTION, AND_.DECLARING AN.EI4TERGENCYa. - WHEREAS, at an election held on April 2, 1946, a Commis - lion was chosen to frame a proposed new Charter for the City of Beaumont; and, WHEREAS, the said Charter Commission has completed its work and submitted a proposed Charter to the City Commission of the City of Beaumont and directed that same be voted upon by the qualified voters of the City of Beaumont at an election to be held on the 6th day of December, 1947; and, WHEREAS, said Charter Commission designated that the official ballot contain two propositions; First, "Shall the proposed new Charter be adopted?" Second,"Shall Article XVIa., entitled 'The Port', be adopted and thereby become a part of the proposed new Charter?"; and, WHEREAS, no ordinance has been passed providing for and calling said election, and the City Commission of the City of Beauumont has duly considered and has 'determined, and does hereby find, that this is an emergency measure necessary for the imme- diate preservation of the public peace, property, hetxlth and safety, and should be passed finally on the date of its intro- duction, and that it should become effective immediately from and after its passage; and WHEREAS, the 50th Legislature of the State of Texas, at its regular session, passed a Firemen's and Policemen's Civil Service Act applicable to cities of ten thousand'or more popula- tion, and provided in said Act that the provisions of same shall not apply to any city unless first determined at an election which shall be called within ninety (90) days from the effective date of said Act, at which election the adoption or rejection of the Act shall be submitted.; and, WHEREAS, under the provisions of said Act it is thus man- datory upon the governing body of the City of Beaumont to call said election and submit to the qualified voters of the City of Beaumont the question of the adoption or rejection of the provis- ions of said Act as being applicable to the employees of the City of Beaumont; and, WHEREAS, the Act provides that in the event a majority of the voters in any such election shall favor the adoption of the provisions of same, it shall be effective, and that thereafter it shall become the duty of the governing body of the cities to put into effect the provisions of said Act; and, WHEREAS, no ordinance has been passed providing for and calling such election, and the City Commission of the City of Beau- mont has duly considered and has.determined that same be submitted by separate ballot at the special election herein called for Decem- ber 6, 1947; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BEAUMONT; Section to That a special election be held in the City of Beaumont on the 6th day of December, A. D. 1947, for the purpose of submitting to the qualified voters of the City of Beaumont the questions, "Shall the proposed new Charter be adopted?" and "Shall Article XVIa, entitled 'The Port', be adopted and become a part of the new Charter?" ® 2 and also for the purpose of submitting to the qualified voters of the City of Beaumont the question, "Shall the provisions of the Firemen's and Policemen's Civil Service Act of the 50th Legislature of the State of Texas be adopted?" Section 2. The said election shall be held in the City of Beaumont at the following places, to wit; In the First Ward at: French High School Building; Junker School Building; Averill School.Building; Edwards School Building; Central Fire Station. In the Second Ward at; Beaumont High School Build- ing (Senior); City Hall. In the Third Ward at; David Crockett Junior High School Building; Sabine Pass -Fire Station; South Park Elementary School Building; Giles School Building; Hebert School. Building. That all voters residing in County Voting Precincts No. 1 shall vote in the French High School Building; that all voters residing in County Voting Precinct No. 2 shall vote at the Junker School Building; that all voters residing in County Voting Pre- cincts Nos. 3, 6 and 7 shall vote in the Central Fire Station Building; that all voters residing in County Voting Precinct No. 4 and all that portion of County Voting Precinct No, 47 lying within the boundaries of the City of Beaumont shall vote at the Averill School Building; that all voters residing in County Vot- ing Precinct No, 5 and that part of County voting Precinct No. 50 lying within the boundaries of the City of Beaumont shall vote at the Beaumont High School Building; that all voters resid- ing in County Voting Precincts Nos. 8 and 9 shall vote at the City Hall; that all voters residing in County Voting Precincts Nos. 10, 13 and 14 shall vote at Sabine Pass Fire Station; that all voters residing in County Voting Precincts Nos. 11 and 12 shall vote at David Crockett Junior High School Building; that - 3 - all voters residing in County Voting Precinct No. 15 and that portion of County Voting Precinct No. 42 lying within the boun- daries of the City of Beaumont shall vote at South Park Elemen- tary School Building; that all voters residing in County Voting Precinct No. 16 and that portion of County Voting Precinct No. 43 lying within the boundaries of the City of Beaumont shall vote at Giles School Building; that all voters residing in County Vot- ing Precinct No. 17 shall vote at the Hebert School Building; that all voters residing in that portion of County Voting Pre- cincts Nos. 18 and 19 lying within the boundaries of the City of Beaumont shall vote at the Edwards School Building. Section 3. The following named persons are appointed presiding judges for their respective voting boxes in said wards with the authority to select their own clerks: At the French High School Building-, At the Junker School Building, At the Averill School Building, At the Edwards School Building, At the Central Fire Station, At the Beaumont High School Building, At the City Hall, At the David Crockett Junior High School Building, At Sabine Pass Fire Station, At the South Park Elementary School Building, At the Giles School Building, At the Hebert School Building, T. B. Hensley Mrs, J. E. Ray L. L. Rutt J. M. Brinson Mrs. G. K. Rafferty Mrs, B. D. Carney Mrs. Pat Burrell F. L. Fisher Mrs. B. P. Derr Mrs. J. C. Burkhart Mrs, Vernon Bazine A. L. Price Section 4. That said election shall be held under, and the qualifi- cations of those voting thereat shall be controlled by, the pro- visions of the State Laws governing elections. `.ti lll ` 10 Section 50 A separate ballot shall be used for the submission of the question concerning the adoption of the proposed new Char- ter, but the two issues on said question shall be submitted separately and there shall be printed on the ballot to be used in said election the following; PROPOSITION NO. 1 SHALL THE PROPOSED NEW CHARTER BE ADOPTED? Yes No PROPOSITION NO. 2 SHALL ARTICLE XVIa ENTITLED "THE PORT" BE ADOPTED AND_ THEREBY BECOME . PART OF THE PROPOSED igMT CHARTER? Yes All voters desiring to vote for the adoption of the pro- posed new Charter as submitted in Proposition No. 1 shall run a line through or across the word "No", and all voters desiring to vote against the adoption of the proposed new Charter shall run a line through or across the word "Yes"; all voters desiring to adopt Article XVIa entitled "The Port" and thereby have it become a part of the proposed New Charter shall run a line through or across the word "No", and all voters desiring to vote against the adoption of Article XVIa entitled "The Port" as a part of the proposed new Charter shall run a line through or across the word "Yes.tr Section 6. A separate ballot shall be used for the submission of the question on the adoption or rejection of the Firemen's and Police- men's Civil Service Act., and there shall be printed on the ballots to be used in said election the following; SHALL THE PROVISIONS OF THE FIREMEN'S AND POLICENENIS CIVIL SERVICE ACT OF THE 50TH LEGISLATURE OF THE STATE OF TEXAS _ BE ADOPTED? FOR the adoption of the provisions of the Act. AGAINST the adoption of the provisions of the Act® 5 -- All voters desiring to vote for the adoption of the Firemen's and Policemen's Civil Service Act of the 50th Legisla- ture of the State of Texas shall run a line through or across the words, "Against the adoption of the provisions of the Act," and. all voters desiring to vote against the adoption of the Fire- men's and Policemen's Civil Service Act of the 50th Legislature of the State of Texas shall run a line through or across the words, "For the adoption of the provisions of the Act." Section '7 Should a majority of the qualified voters voting at said election vote for the adoption of the proposed new Charter, then said Charter shall constitute the Charter of the City of Beaumont. Should a majority of the qualified voters voting at said election vote for the adoption of Article XVIa entitled "The Port" as a part of the proposed new Charter, then in such event said Article XVIa shall constitute a part of the Charter of the City of Beau- mont. Should a majority of the qualified voters voting in said election vote against the adoption of the proposed new Charter, then and in such event Article XVIa shall be deemed rejected and the existing Charter of the City of Beaumont shall remain in full force and effect. Section 8. Should, at such election, a majority of the qualified voters voting in said election vote for the adoption of the pro- visions of the Firemen's and Policemen's Civil Service Act of the 50th Legislature of the State of Texas, then the City Commis- sion of the City of Beaumont shall put into effect the provisions of said Act. In the event a majority of the qualified voters voting in said election vote against the adoption of the provis- ions of said Act, then said Act shall not be applicable to the City of Beaumont. Section 90 That a copy of this Ordinance signed by the Mayor of the City of Beaumont and attested by the City Clerk of the City of Beauunont shall serve as a proper and sufficient notice of said election, and the Mayor is hereby directed to cause a copy of this Ordinance, signed by himself and attested by the City Clerk, to be posted at each of the places herein designated for holding said election at least thirty (30) days prior to the date of holding said election in the manner required by lava. Section 10. The fact that an ordinance has not yet been passed pro- viding for and calling an election for submitting the questions on the adoption of the proposed new Charter, nor has an ordinance been passed calling for an election for submitting the adoption or rejection of the Firemen's and Policemen's Civil Service Act, and that the calling of both elections are mandatory, and that such ordinances calling the elections are therefore necessary and proper for the immediate preservation of the public peace, property, health and safety, all as found and determined in the Preamble hereto., creates an emergency and an imperative necessity requiring that the rule that ordinances be read on three (3) several days before their -passage be suspended, and the said rule is accordingly hereby suspended and this Ordinance shall take effect iminediately from and after its passage. PASSED by the affirmative vote of all members of the City Commission of the City of Beaumont, this the day of October, 1 A. D. 1947, - Mayor - - 7 - CSITY •OF -BP,AUMONT :B T JVX J-Z T E X A S a r 9R: a - t :Yit• i - - y i xrc 'L W December 9,...1947 Hon. Paul H. Brown Secretary of , State Austin, Texas ; Dear Sir;: According to -the prcavisioxZs of Article. 1173,.. Revised Civil Statutes. of the State of Texas, iveehclo-se herewith -a copy of , the .nevvChsrt-er of the.'-City:of,-Beeaumont., - *hich was- adopted sad -approved by the voters of, thin City at a special election held December 6 - 19.471 :_saffie: being an authent'dated copy, -certified by the Mayor. ` y Very truly your. City Clerk City. of IBeamiont WJB ° Ya 1 U ~19 PUBLISHER'S AFFIDAVIT ,1 4the day of OctoberS51947,ion ht a followeld on s a ing ordinance AN ORDINANCE ENTITLED AN ORDINANGE'ORDER- - ING A SPECIAL ELECTION TO BE , HELD IN THE CITY OF BEAUMONT TO DETERMINE WHETHER OR NOT A PROPOSED NEW CHARTER FOR THE CITY OF BEAUMONT BE ADOPT- ED; ALSO, ORDERING SAID ELEC- TION FOR THE PURPOSE OF SUB- \ iy, MITTING THE QUESTION OF WIiETH- THE STATE OF TEXAS 2- ILE ER 01R NOT THE FIREMEN'S AND ; POLICEMEN'S CIVIL . SERVICE 'ACT ve- ' AS. PASSED BY. THE 5OF LEGISLA- OF THE: STATE OF TEXAS AT COUNTY OF JEFFERSON and :age, TURE ITS REGIILAR SESSION BE ADOPT- e�, ED OR REJECTED; SETTING THE DATE THEREOF: PROVIDING THE 1p- ol; PLACES AT WHICH SAID ELECTION 'HELD; APPOINTING c res SHALL BE JUDGES TO PRESIDE OVER SAID E MAN NER OOF HOLDING S&D ELECT ONS; PROVIDING THE ISSUES TO BE SUB - Before me, the undersigned authority, personally appeared FIIITTED AND -'THE FORM OF 1 L- PROVIDING SEPARATE BAL- LOT S; LOTS; -PROVIDING FOR NOTICE OF, ELECTION, AND DECLARING R • A Bean ;e jai SAID- AN EMERGENCY•- Willie J. Brockman City Clerk' f who, being by me duly sworn, says that the f o r e g o i n g and Legal Notice - attached was published on the following dates: October 17. A. D., 19 _&7 Journal in the BEAUMONT a daily newspaper printed and published at Beaumont, Jefferson County, Texas. 2 .y SUBSCRIBED and sworn to before me, this the day of A. D. 19 NOTARY PUBLIC in and for Jefferson County TexW No Text