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Home My WebLink AboutORD 21-027ORDINANCE NO. 21-027 AN ORDINANCE CANVASSING THE RETURNS OF THE GENERAL ELECTION OF THE CITY OF BEAUMONT HELD ON THE 1ST DAY OF MAY 2021, FOR THE PURPOSE OF ELECTING A MAYOR, TWO COUNCILMEMBERS-AT-LARGE, FOUR (4) WARD COUNCILMEMBERS (WARDS I, II, III AND IV); PROVIDING FOR SEVERABILITY, AND PROVIDING FOR REPEAL. WHEREAS, the City Council of the City of Beaumont, in session, duly called the general election to be held on the 1st of May, 2021, and the election returns of the votes cast in said election were canvassed for the following officials: Official for the office of Mayor; Officials for the offices of Ward Councilmembers (Ward I, II, III and IV) and two (2) Councilmembers-At-Large; and, WHEREAS, after duly canvassing said returns, the City Council finds that the votes cast at said election for the candidates for said offices are as follows: Office of Mayor: Votes Percentages W. L. Pate, Jr. 1,576 11.46% Lashon D. Proctor 2,620 19,04% Roy West 4,760 34.60% Robin Donatta Mouton 3,455 25.11% Biguita "BIG" Hernandez -Smith 1,346 9.78% Office of Councilmember at Large: Votes Percentages Elias Ibarra 1,354 7.23% Taher Quraishi 1,161 6.20% Albert "A.J." Turner 8,113 43.35% Randy Feldschau 5,518 29.48% Brian Nepveux 1,502 8.02% James Daryl Eller, Jr. 1,069 5.71% Councilmember Ward I: Votes Percentages Taylor S. Neild, Sr. 2,839 100.00% Councilmember Ward II: Votes Percentages Mike Getz 2,937 60.21% Miles Haynes 1,711 35,08% Alfred Dean 230 4.72% Councilmember Ward III: Votes Percentages Robert E. Walker, Jr. 775 32.25% Audwin Samuel 1,628 67.75% Councilmember Ward IV: Votes Percentages Brandon Johnson 676 28.62% Charles "Chris" Durio 1,328 56.22% Kevin W. Reece 358 15.16% and, WHEREAS, no candidate for Mayor received the necessary votes required by Charter to be elected, a run-off election is required, and, WHEREAS, after duly canvassing said returns, the City Council finds that the votes cast at said election for the Charter propositions are as follows: City of Beaumont Charter Amendments PROPOSITION A Shall Article I, Sec. 3 of the Charter of the City of Beaumont be amended to clarify that the metes and bounds description may be adjusted from time to time by properly adopted ordinances of the City Council of Beaumont? FOR:7,020 58.91% AGAINST:4,897 41.09% PROPOSITION B Shall Article I, Sec. 4 of the Charter of the City of Beaumont be amended to amend the caption and repeal Subsections (a) and (b) to remove the methods of annexation by ordinance or petition and defer to the manner and form of annexation as authorized by the general laws of the State of Texas? FOR:7,779 66,66% AGAINST:3,908 33.44% PROPOSITION C Shall Article III, Sec. 3 of the Charter of the City of Beaumont be amended to remove the prohibition on a person's eligibility to serve the City who is in arrears in the payment of any liability to the City? FOR:6,220 50.77% AGAINST:6,032 49.23% PROPOSITION D Shall Article III, Sec. 12 of the Charter of the City of Beaumont be amended to remove the reference to a summary auditor's report and providing for the full report to be posted on the City's website rather than in a local newspaper? FOR:7,003 58.30% AGAINST:5,009 41.70% PROPOSITION E Shall Article IV, Sec. 2 of the Charter of the City of Beaumont be amended to remove the qualification that election officials reside in the same election precinct in which they are to serve, and remove the requirement that returns are to be canvassed within five (5) days after the election and provide that returns be canvassed within the time period prescribed by the Texas Election Code? FOR:4,553 37.46% AGAINST:7,602 62.54% PROPOSITION F Shall Article IV, Sec. 4 of the Charter of the City of Beaumont be amended to bring the Charter into compliance with the Texas Election Code as it relates to runoff elections and when all officials duly elected shall take office? FOR: 10,046 84.16% AGAINST:1,891 15.84% PROPOSITION G Shall Article VI, Sec 2 of the Charter of the City of Beaumont be amended to add language to provide for available reserves to be considered as a component of total proposed expenditures in the budget? FOR:7,105 61.49% AGAINST:4,450 38.51% PROPOSITION H Shall Article VI, Sec. 6 of the Charter of the City of Beaumont be amended to allow the Council to insert new items or increase or decrease items in the budget without the requirement of an additional public hearing on the budget? FOR:3,090 25.92% AGAINST:8,831 74.08% PROPOSITION I Shall Article VI, Sec. 7 of the Charter of the City of Beaumont be repealed to remove the requirement that an additional public hearing be held for the Council to insert additional items or make increases to amounts in the budget? FOR:3,918 33.07% AGAINST:7,928 66.93% PROPOSITION J Shall Article Vl, Section 8 of the Charter of the City of Beaumont be amended to bring the Charter into compliance with the Texas Tax Code as it relates to the required vote of the Council setting the tax rate? FOR:9,145 78.04% AGAINST:2,573 21.96% PROPOSITION K Shall Article Vl, Sec. 9 of the Charter of the City of Beaumont be amended to remove the requirement that the budget be finally adopted not later than the twenty-seventh (271") day of the last month of the fiscal year and provide that the final adoption of the budget shall be in accordance with the Texas Local Government Code? FOR:8,223 70.38% AGAINST:3,460 29.62% PROPOSITION L Shall Article VI, Sec. 10 of the Charter of the City of Beaumont be amended to remove the requirement that the adopted budget be filed with the County Clerk of Jefferson County, and the State Comptroller of Public Accounts in Austin and provide for the budget to instead be posted on the City's website? FOR:6,538 55.93% AGAINST:6,151 44.07% PROPOSITION M Shall Article VI, Sec. 20 of the Charter of the City of Beaumont be amended to remove the requirement that the Capital Program be adopted on or before the 27th day of the last month of the current fiscal year and provide that the adoption of the Capital Program shall be in accordance with the Texas Local Government Code? FOR:7,394 65.10% AGAINST:3,964 34.90% PROPOSITION N Shall Article XV, Sec. 3 of the Charter of the City of Beaumont be amended to remove the requirement that ordinances granting franchises be read at three (3) separate regular meetings of the City Council and publication for four (4) weeks in a newspaper of general circulation, and provide that the franchise shall take effect thirty (30) days after passage by the City Council and publication on the City's website? FOR:6,813 50.72% AGAINST:5,649 49.28% PROPOSITION O Shall Article XV, Sec. 4 of the Charter of the City of Beaumont be amended by the repeal of section 4 relating to the effective date and publication exceptions applicable to the granting of side-track, spur track or switching privileges granted by franchise? FOR:4,962 45.24% AGAINST:5,995 54.76% PROPOSITION P Shall Article XVII, Sec. 11 of the Charter of the City of Beaumont be repealed to remove the prohibition on a person's qualification to hold municipal office or employment who is in arrears in the payment of taxes or other liabilities due the City? FOR:5,249 44.46% AGAINST:6,558 55.54% NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1. That the results of said regular City election be and the same are hereby declared to have been as set out herein, and the following named persons were elected to the respective positions subject to the taking of their oaths of office as provided by the laws of the State of Texas: For Councilmember-At-Large: Louis R. Feldschau For Councilmember-At-Large: Albert Turner, Jr. Councilmember Ward I: Taylor Neild Councilmember Ward II: Mike Getz Councilmember Ward III: Audwin M. Samuel Councilmember Ward IV: Charles Durio Section 2. That the results of said City election be and the same are hereby declared to have been as herein set out, and Charter Propositions E,H,1,0, and P failed, and Charter Proposition A,B,C,D,F,G,J,K,L,M and N passed. Section 3. The City Council of the City of Beaumont further finds that notice of said election was duly and properly given as required by law, and that said election was duly held and returns thereof were duly made by the proper officials of said election and in all things according to law. Section 4. That if any section, subsection, sentence, clause, or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid or adjudged unconstitutional by a court of competent jurisdiction, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable, and the City Council of the City of Beaumont, Texas, declares it would have passed each and every part of the same notwithstanding the omission of any such part thus declared to be invalid or unconstitutional, or whether there by one or more parts. Section 5. That all ordinances or parts of ordinances inconsistent or in conflict herewith are, to the extent of such inconsistency or conflict, hereby repealed. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 11th day of May, 2021. - a r BreEky Ames - ATTEST: Tina Broussard, City Clerk