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HomeMy WebLinkAboutORD 67-E1 Al 1. d t .ter AN ORDINANCE Entitled an ord£naice ordering an election to be held in the City of Beaumont to determine whether or not certain amendments to the existing City Charter shall be adopted, naming the time and place of holding said election, appointing officers thereof, providing for the manner of holding said election and giving notices thereof, , and declaring an emergency BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BEAUMONT: Section le That an election shall be held in the City of Beaumont on the 25th d of Jul 1925 at whit election n,' ay July, . � ✓proposed amendments to the dusting Charter of the City of Beaumont as set out in Section 4 hereof shall be submitted to a vote of the people: for ad opt ion* Section 2* The said election shall be held in the following places, to wit; In the First Ward at the Central Fire Station, French School Building and Gladys Street Fire Station. In the . Second Ward at the City Hall* In the Third Ward at the Jefferm n County Co=t House, Sabine Pass Avenue Fire -:Station, and the South Park Elementary School Building* Section 3. The following named persons are appointed 7 esiding judges of their respective voting boxes with the authority to select and appoint their own clerks$ At the Central Fire Station - C. A. Ganoung At the French School Building - J. D. Hensley vo/ At the Gladys Street Fire Station - George Morgan' - At the City Hall - J. A. Morris,-- At orris,--At the Jefferson County Court House - 0. A. Ernest"' At the Sabine Pass ave me Fire Station - J. R. Elmonds _ At the South Park Elementary School Building - T. A. Allen. Section 4* '#e question as to whether the existing Charter of the City of Beaumont shall be amended in thA f nllnwin & rna?%+4 mi i e,+a a, e p i ik- -„i. i PROPO S ISON I. Shall Section 20, of the existing Charter of the City ar- Beaumont be wended to read as follows; "Section 20. The form of Goverment provided in this Charter shall be known as the "Commi ssion*-Manager" form of government , and shall consist of a Commission composed of a Mayor elected by the voters of the city at large, and four commissioners , one from each ward in the city, elected by the voters of the city at large, provided that a oomniseloner shall always reside in the ward from which he is elected, and a manager who shall be employed by the Commission, and said Commission shall have mid exercise all the authority, power and duties vested in the Council and Cormi ssion by any provision of this Charter, ar any amendment thereto, and each member thereof shall possess the qualifications required cf a councilman and c.ormi ssioner by this charter, Cprov d© 'however, that t present City Coruaisson shal� b r sin ed until their terms of office expire, and �ipon doption of this amendment, oras soon thereafto ash actical, they shall call a special city olection/at chCom ensuing general city oleo missioner from wards ona and f our shall be / e le a ibd o s ry e until th o next � ion, /at which `ti e their successors -shall be elected, and th�roaf�er four commissioners shell be elected ovary two years on the date provided in the cl-nrtor for the election of the Nayor, and all provisions of the Charter relating to the Council or Commission shall be construed to relate to the Commission hereby created w fair as applicable, and all other provisions of the Charter in conflict herewith : Shall. there Beaumont a new PR OPO SI MW Irl • ` be added to the existing Charter of�the City of - section to be known as Section 4-a, reading as follows: "SECTION 4-a. (1) TheoCity of Beaumont shalli on and after this Charter amendment takes pica, be divided into four wards and the limits and boundaries of -each of said wands shall be as follows, to - wit: FIRST WARD: The First Ward shall embrace all that portion of the City of Beaumont lying north of North Street to Main and north of Magazine Street from Main to Brakes Bayou, the same being bounded as follows, to wit: Beginning at a point on Brakes Bayou where Magazine Street strikes said Bayou, and being also the eastern boundary line of the City; thence in a nobtlierly direc- tion along the eastern boundary line of the City to the northeast corner thereof; thence west to the northwest corner thereof; thence in a southerly direction along the west boundary line of the City to its intersection with North Street; thence east along North Street to its intersection with Main Street; thence south along Main Street to its intersection with Magazine Street; thence east along Magazine Street to the place of beginning. SECOND WARD: The Second Ward shall embrace all that portion of the City of Beaumont lying between North Street and Forsythe Street, and extend- ing from the east to the west boundary of the City, the same being bounded as follows, to wit: Beginning at a point on the Neches River where Forsythe Street strikes said River, and being also the eastern bound- ary of the City; thence in a northerly direction along the eastern boundary to Magazine Street; thence west along Magazine Street to its intersection with Main Street; thence north along Main Street to its intersection with North Street; thence west along North Street to its intersection with the west boundary line of the city limits; thence south and east along the western boundary of the City to its intersec- tion with Forsythe Street; thence east and northeast along Forsythe Street to the place of beginning. THIRD WARD: The Third Ward shall embrace all that portion of the City of Beaumont lying between Forsythe Street, Corley Avenue, Railroad Avenue and Chaison extension of the Kansas City Southern Railroad, and extending from the east to the west boundary of the City, the same being bounded as follows, to wit: Beginning at a point on the'Neches River where Forsythe Street strikes said River, and being also the east boundary line of the City; thence southwest along Forsythe Street to its intersection with Lafayette Street; thence south along Lafayette Street to its intersection with Franklin Street; thence west and South along the western boundary of the City to its intersection with Corley Avenue; thence east along Corley Avenue to its intersection with Sabine d W4" intersection with Van Burel Street; thence east along Van Buren Street to its intersection with Railroad Avenue; thence southeast along Railroad Avenue to Chaison Junction; thence following and along the eastern boundary of the City to the foot of Carroll Street where said street strikes the Neches River; thence in a northwesterly direction along the right bank of the Neches River to the place of beginning. FOURTH WARD: The Fourth Ward shall embrace all that portion of the City of Beaumont lying south of Corley Avenue and west of Railroad Avenue within the boundaries of the City, the same being bounded as follows, to wit: Beginning at a point on the western boundary of the City at its intersection with Corley Avenue; thence east along Corley Avenue to its intersection with Sabine Pass Avenue; thence south along Sabine Pass Avenue to its intersection with Van Buren Street; thence east along Van Buren Street to its intersection with Railroad Avenue; thence southeast along Railroad Avenue to the southern boundary of the City; thence west along the southern boundary of the City to its intersection with the western boundary; thence north along the western boundary of the City to the place of beginning. (2) The City Commission shall have the power to change by ordinance the boundaries of the above wards in order to provide for any terri- tory which may be annexed to the City and to maintain within the respective wards equal population as near as may be practicable. (3).,,All provisions of the existing City Charter in conflict herewith are hereby repealed. And if adopted, this amendment shall be in force and effect from and ,after the da the results of the e-leetien erre declared. Yes. NO. C!77 x stSection 55 of the existing Charter of the City of Beaumont be amended so as to read as follows: SECTION 55. (1) The Mayor shall receive a salary of Three Thousand Dollars ($3,000.00) per annum, payable monthly. The salary of the City Manager shall be fixed by the Commission. Each Commissioner shall receive Twenty-five Dollars ($25.00) for each meeting of the Commission attended by him; provided he shall re- ceive pay for not more than one meeting in one day and not more than five meetings in one cal&ndar month. The Directors of Departments and other employees of the City shall receive such compensation as may be fixed by the City Manager when approved by the Commission, except the City Clerk and City Attorney, whose compensation shall be fixed by the City Commission. And if adopted, this amendment shall be in force and effect from and after the ---date- the results of the election are deelsre4, Yes* No. w r PRDPOS ITION IL. Shall Sub -section 18 of Section 16 of the existing Charter of the City of Beaumont be amended, o read as follows: SECTION 16. (18) The City C scion shall never extend the time for the payment of taxe and all taxes due the City shall be payable at the office of the Director of Finance with- out demand; and it is the d y of the City Attorney of the City of Beaumont, and he shall b Ing suits for the collection of all delinquent taxes within t ee years next after such taxes were due, but the City's lie for taxes shall neUer be barred by any statute of limitation or shall the failure to bring suits for taxes within three y ars in any way affect the city's right to Q collect taxes or i s lien therefor, provided that the officer or officers whose d ty it is to collect or enforce the collection of taxes, and is or their bondsmen shall be liable for the amount of sa taxes and the interest and penalties, if any, due thereon in, /case of either wilful or negligent failure to exhaustiv6ly perform his duty to seasonably make every lawful f effort .to cIllect the same, as liquidated damages. And if adopted. this amendment shall be In force and effect from and after the date the results of the election are declared. Yes. NO. y � � PROPO SITS- Yom.. 4U there .,MM be added to Sect on 5 of the existing Charter of the City of Beaumont a ne sub -section to be known as Sub -section 5, reading as follols: SECTION 5. (5) The City all have full power to condemn property for public use, withi or without the City, whether the property is already devoted a public use or not, and it may specially condemn the prope ties, including rights of way, build- ings, structures, yards, ation grounds, shops, side and passage tracts, tracks of all k ds, of any and all railroads and railway companies for the purp se of widening, extending, opening, or in any way altering or anging streets; such condemnation proceed- ings to be governe and controlled by the general laws of the State made andpr vided for the condemnation of the rights of ways of railroad com antes. And if adopted, this amendment shall be in force and effect from and after the date the results of the election are declared. Yes. Koo It 4. PROPOS itim 11 4 #0 1 there a be added to Section 70 of the existing Char- ter of the City of Beaumont a new sub -section known as Sub- section 62, reading as follows; SECTION 70. (62) The provisions of Article 1531-e of the Penal Code of the State of Texa� as amended by 37th Legislature at its first called sesst on, *ich provides that it shall be un- lawful for any railway compsy or any officer, agent, servant, receiver or receivers of a y railway corporation to willfully obstruct for more than f ve minutes at any one time any street, railway crossin/na'm1ty lic highway by permitting their train to stand on or ch crossing or crossings, and provided that the City Cy grant the franchise to a railway com- pany to obstruct crossing, etc., is hereby adopted, together with t provided by State law for the viola- tion thereof. And if adopted, this amendment shall be in force and effect from and after the date the results of the election are declared. Yes. No. AW PROPO SSTIDN Xle -3li�e��J sub -section 1, of Section 16 of the a sting Charter of the City of Beaumont NNW be amended to r d as follows: SECTION 16. (1) To annually le y and collect a tax not to exceed $1.13 on each One Hundred llars valuation of all property within the city limits subject o taxation, the same to be assessed, levied, collected and used r the maintenance and operation of the city government. And, adopted, this amendment shall be in force and effect fro and after the date the results of the eldetion are declared. Yea* No. w• AW PROPO SSTIDN Xle -3li�e��J sub -section 1, of Section 16 of the a sting Charter of the City of Beaumont NNW be amended to r d as follows: SECTION 16. (1) To annually le y and collect a tax not to exceed $1.13 on each One Hundred llars valuation of all property within the city limits subject o taxation, the same to be assessed, levied, collected and used r the maintenance and operation of the city government. And, adopted, this amendment shall be in force and effect fro and after the date the results of the eldetion are declared. Yea* No. If- t PROPOSI MN VIII• 31$A.3 there be added to Section 63. of the existing Charter of the City of Beaumont a new sub -section to be known as Sub -section 4, reading as follows: % SECTION 63. (4) The C y Commission shall have the power by ordinance to provide gr p insurance on the life of each mem- ber of the Public Safety Department in the sum of TWO THOUSAND DOLLARS 02,000.00) at the cost of the City of Beaumont. And if adopted, this a dment shall be in force and effect from and after the date th results of the election are declared. Yes. No. 91- r PROPOSIT1¢5 IX. W11 Sub -section 31 of Section 70 of7rad xisting Charter of the City of Beaumont ZZM be amended to as follows: SECTION 70. (31) Before the for damages of any kind the perso damaged, or some one in his beha si on with a notice in writing C/tty of Beaumont shall be liable injured, or whose property is f, shall serve the City Commis - such injury within sixty days after the same has been recei,�ed, stating specifically in such notice when, where, and howAthe injury occurred, the extent there- of, the amount for which a will settle, and the names and address- es of any person or per ons, if any, witnessing the same, if such names and addresses c n be ascertained by reasonable diligence. The provisions of t s paragraph can only be waived by the City Commission, and th n only within sixty days after the injury or damage has been r ceived. And if adopted, thisamendment shall be in force and effect from and after the date the results of the election are declared. Yes. No. PROPO SIT41ON-'� Z.. _. Shall #kerlb be added to the exis of Beaumont a new sub -section to Sect section 31-A, reading as follows: SECTION 70. 31A. The City Charter of the City 70 to be known as Sub- Beaumont shall never be liable on account of any damage or inj y to person or scam property aris. ing from or occasioned by any feet in any public street] highway or grounds or public work of City, unless the specific defect causing the damage or injury shall have been actually known to the City Manager or the City E gineer by personal inspection for a period of at least twenty four hours prior to the occurrence of the injury or damage, less the attention of the city Manager or the City Engineer sha have been called thereto by notice thereof in writing at least wenty-four hours prior to the occurence of the injury or damage and proper diligence has not been used to rectify the defe t after actually known or called to the atten- tion of the Ci y Manager or City Engineer as aforesaid. The provisions of the preceeding paragraph shall likewise apply to this paragra h. And if adopted, this amendment shall be in force and effect from and after the date the results of the eldetion are declared. Yes. No. h. y PROPO SMON XI. SULU Sub -section 5 of Section' of the existing Charter of the city of Beaumont, rea g as follows: (5) The said harbor d wharf front shall not be operated with the ew and purposes of making a profit, and all harges made for the service rendered shall based upon the true costs of the necessary xtensions, improvements, operation, maintenance , repair and betterment of said harbor and w rf front; provided, how- ever, that there sha 1 always be kept on hand a sufficient, but no ore than sufficient, reserve or surplus of the eceipts and revenues from the operation of sai harbor and wharf front to care for obsolescence and emergency repairs. sxft be repealed and stricken therefrom, and if adopted, this amendment shal be in force and effect from and after the date jot the r sults of the election are declared. Yen. No. And all voters desiring to vote for the above pvopositions to amend the existing Charter of the City of Bemimont, or any one of them, shall run a line through or across the word "No" after each proposition he desires to vote for, and all voters desiring, to vote against the above propositions or any one of them shall ran a line through or aoro as the word "Yes" after each proposition he desires to vote against. Section 5. Said election shall be held under, and qualifications of those voting thereat shall be controlled by the provisions of the State Law governing elections, Seotlon 6. A copy of this ordinance, containing the text of said proposed amendments, signed by the Mayor of the City of Beaumont and attested by the City Clerk thereat, shall serve as proper and sufficient notice of said election, and the Mayor is hereby directed to cause one each of said notices to be posted at each of the places designated for holding said election at least thirty (30) days prior to the date of holding said election, and the person posting said notices shall make a return on a copy thereof showing the time and place of said posting, which return shall be filed in the office of the City Clerk and shall be conclusive evidence of the posting of said notice, and a copy of this ordinance shall be published once each week for a period of thirty (30) days befc re the day of holding said election in a newspaper of general circulation, which has been continuously and regularly published in the City of Beaumont for a period of one year prior to this date, and the City Clerk is hereby directed to mail a copy of this ordinance containing the text of said proposed amendments to each qualified voter in the City og Beaumont, as appears from the Tax Collector's rolls for the year endiYg January 31, 1925. SNo tf on 7. r k amendments to the existing Charter of the City of Beaumont to a vote o f the people, _ and - the City Council has instructed the City Compri sE. -on to call said elegtion, and whereas it is 'deemed necessary that said 4 election should be called as expiditiously as possible to correct certain p3io v;.sions in the existing charter of the Oity of Beaumont, y and it is necessary to give thrity days notice of the calling of said el ec 1i on by publishing this ordinance once a week for thirty days be fore said election and wide publicity has already been given to the intention of the Commission to call said election, the public interest requires that said election be called with the ]east possible delay, all of which creates an emergency and an imperative public necessity requiring that the rule that ordinances shall -be read on three several days before their passage be suspended, and said rule 3% hereby suspended and this ordinance shall be in force and effect from and after it s passage. Passed by ai, affirmative vote aP all members of the Commission, this the 23rd day. of dune, A. D. 1925.