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Home My WebLink AboutORD 23-063ORDINANCE NO. 23-063 ENTITLED AN ORDINANCE AMENDING PROPOSTION A AND ELIMINATING PROPOSITION B OF THE CITY OF BEAUMONT CHARTER CHANGES. BE IT ORDAINED BY THE CITY OF BEAUMONT: WHEREAS, on August 15, 2023, the City Council approved Ordinance No. 23-061 adopting Charter Change Propositions for a Special Election to be held on November 7, 2023; and, WHEREAS, Councilmember-At-Large Feldschau and Councilmember Durio are requesting that Proposition B be eliminated, and Proposition A, be amended to read as follows: "Shall the City Charter of the City of Beaumont be amended to increase City Council terms from two (2) years to four (4) year staggered terms with a three -term limit totaling twelve (12) years per office." 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 Baumont this the 29th day of August, 2023. Mayor Roy West - Preposition A 2 Shall the City Charter of the City of Beaumont be amended to increase City Council terms from 3 two (2) years to four (4) year staggered terms with a three -term limit totaling twelve (12) years 4 per office? 5 Measure A 6 Article III 7 THE CITY COUNCIL 8 Section 2 — NUMBER AND TERM: The City Council shall be composed of a Mayor and six (6) 9 Councilmembers. Four (4) Councilmembers shall be designated as "ward Councilmembers," each 10 of whom shall be elected only by the qualified voters residing in the ward from which each such 11 ward Councilmember is elected. Each ward Councilmember shall reside in the ward to which such 12 Councilmember is elected to represent. Two (2) Councilmembers shall be designated 13 "Councilmembers-at-large" designated as Councilmember - at - Large Place 1 and 14 Councilmember — at - Large Place 2. and The Mayor and Councilmembers-at-large shall be 15 elected by all the qualified voters of the City. , 16 The Mayor and all 17 Councilmembers shall be elected for two (2) four 4 year staggered terms. 18 Section 6 — MAYOR PRO TEMPORE: The City Council shall elect one of its members as 19 Mayor Pro Tempore for a one (1) year term. The Mayor Pro Tempore shall perform the duties of 20 the Mayor in case of the absence or inability of the Mayor to perform the duties of his office, 24 Section 7 — VACANCIES: In the event of a vacancy in the City Council, if there are 365 days or 25 more remaininL, on the term of the vacated Citv Council office. the Citv Council shall call a special 26 election to fill such vacancy. When there are less than 365 days remaining in the term of the vacant 27 City Council office, the City Council may, by majority vote of the remaining Members of City 28 Council, at its discretion, leave the office vacant, appoint a new Mayor or Councilmember to fill 29 such vacancy or call a special election to fill such vacancy, 30 be f4lied b�, 31 , shall 32 33 34 ', 35 36 , 37 event, 38 39 a 40 41 . 42 43 44 Article IV ELECTIONS. 45 Section 4 - ELECTION BY MAJORITY, VOTING AT LARGE, RUNOFF ELECTION: 46 In the event no candidate for an elective office receives a majority of the votes cast for that place 47 in the general or special election a run-off election shall be held between the two (2) candidates 48 who received the greater number of votes. 49 50 51 52 53 ; 54 55 , " 56 57 ; 58 , 59 60 61 62 , 63 , 64 65 66 , 67 , 68 the dub, iff the tie between thfee , 69 , eleeted aff4eef. event E)f a vote (3) of fflafe eatididates. 70 71 72 , the 4'db' 73 , 74 75 . , 76 77 Article III THE CITY COUNCIL. 78 Section — Term Limits: For purposes of term limits there shall be three offices, that of ward 79 Councilmember, that of Councilmembers-at-large, and that of Mayor. A person who has served 80 three (3) terms in an office may not again hold the same office. 81 Years or time of service that an individual may serve in filling an unexpired term, or a partial term 82 of office, to which they were elected, shall not be counted toward the above limitations. 83 Years or time of service that an individual served prior to the adoption of these limitations do not 84 count towards the above limitations. 85 86 Proposition 87 Shall the City Charter of the City of Beaumont be amended to require the City Council to hold 88 such regular meetings as necessary to efficiently conduct the affairs of the City? 89 Measure B 90 Article III 91 THE CITY COUNCIL. 92 93 Section 8 - MEETINGS: 44- r'tyr,,,,,, i' 44 €t-a g week ' . zxx�cic cvuxxcix ccx � ii3cv��ki scccc �� ccxc aixxcss 94 . The City Council shall hold such monthly meetings as necessary to 95 efficiently conduct the affairs of the City. The City Council shall set the date and time of its 96 regular meetings by resolution. Special meetings of the City Council shall be called by the City 97 Clerk, at the request of the Mayor, City Manager or four (4) members of the City Council. Four 98 (4) or more members of the City Council shall constitute a quorum for the transaction of 99 business. All meetings of the City Council shall be held in a public place in the City of 100 Beaumont. Meetings of the City Council shall be held in accordance with the laws of the State 101 of Texas which require meetings of public bodies to be open to the public. 102 4 103 Proposition C 104 Shall the City Charter of the City of Beaumont be amended to clarify the authority of the City 105 Manager and City Council's roles? 106 Measure C 107 Article V 108 THE CITY MANAGER. 109 Section 3 — POWERS AND DUTIES OF THE CITY MANAGER: The pewe, —a44 duties ^r 110 toe (;4y Maaag€-F shallhe as-felle; The City Manager shall be the chief administrative officer 111 of the City and shall be responsible to the City Council for the administration of all City affairs 112 placed in their charge by or under this Charter. The City Manager shall have such implied 113 authority as to properly carry out the functions of chief administrative officer for the City and, in 114 addition to those implied powers, shall have the following specific responsibilities and duties: 115 (1) Appoint and remove all heads of departments and all subordinate officers and 116 employees of the City except as otherwise provided by this Charter and except as he may 117 authorize the head of a department or office to appoint and remove subordinates in such 118 department or office. The decision of the City Manager or other appointing officer shall 119 be final and there shall be no appeal therefrom to any other office, body or court 120 whatsoever. 121 (2) Prepare the budget annually and submit it to the City Council and be responsible 122 for its administration after adoption. 123 (3) Prepare and submit to the City Council as of the end of the fiscal year a complete 124 finance report for the preceding year. 125 (4) Keep the City Council advised of the financial condition and future needs of the 126 City and to recommend to the City Council for adoption such resolutions as he may deem 127 necessary or expedient. 128 (5) Supervise the preparation of agendas for all meetings of the City Council. The 129 agendas shall be prepared in accordance with Rules and Procedures adopted by the City 130 Council and as provided for in this Charter. 131 (6) Oversee the purchasing of all merchandise, materials, supplies and services as 132 budgeted and shall put in place such rules and regulations governing contracts, requisitions 133 and transactions of business between City departments and vendors of goods and services 134 in compliance with all State procurement laws. 135 (7) Supervise City communication with the public and the news media including 136 outreach initiatives to the citizens and general public through various media venues. 137 (8) Except as otherwise provided for in this Charter the City Manager shall direct and 138 supervise the administration of all departments, offices and public utilities of the City and 139 shall investigate or cause to be investigated as appropriate andplaints concerning the 140 administration of the City. 141 (9) Appoint, suspend or remove any City employee except as otherwise provided by 142 this Charter. The City Manager may authorize any employee who is subject to the City 143 Manager's direction and supervision to exercise these powers with respect to subordinates 144 in that employee's department, office or agency. 145 (10) Direct and supervise the administration of all departments, officers, and agencies 146 of the City, except as otherwise provided by this Charter or by law. 147 (11) Establish personnel policies and procedures to be adopted by City Council and 148 make said policies available to all City emplo, 149 (12) The City Manager shall have the authority to create and revise the Cit�'s 150 organizational chart. 151 (13) Perform such other duties as may be prescribed by this Charter or required of him 152 by the City Council not inconsistent with this Charter. 153 154 Section 4 — INTERFERENCE BY CITY COUNCIL PROHIBITED: Neither the City Council 155 nor any of its committees or members shall dictate the appointment of any person to, or removal 156 from, office or employment or discipline by the City Manager or any of his subordinates or in any 157 manner interfere in the appointment or removal or discipline of employees under the City 158 Manager's authority. Except for the purpose of inquiries and investigations, unless otherwise 159 provided in this Charter. the Citv Council and Members of Citv Council shall deal with Citv 160 officers and employees who are subject to the direction and supervision of CityMana erg solely 161 through the Citv Manager. and neither the Citv Council nor Members of Citv Council shall give 162 orders to any such officer or employee, either publicly or privately 163 164 Proposition 165 Shall the City Charter of the City of Beaumont be amended for consistency and compliance with 166 State law? 167 168 169 170 171 172 Section 1 — GENERAL: Article II POWERS OF THE CITY. 173 The City shall have all powers and rights of self-government and home rule that exist now or 174 may be granted to municipalities by the Constitution and laws of the State of Texas, together 175 with all implied powers necessary to carry into execution such rag rated powers, unless such power 176 of right is expressly prohibited or restricted by this Charter. 177 ; 178 Soe alid be stfed; 179 , 180 181 , 182 , 183 , 184 , 185 186 ; 187 ; 188 , 189 , 190 of the G4y, 191 ; and fflat,� 192 ; 193 , the City 194 , • V• .•R .; .. 00 202 , 204 Article III 205 THE CITY COUNCIL. 206 Section 3 — QUALIFICATIONS: 207 Candidates for election and appointment to City Council shall be at least 21 years of age and 208 otherwise meet all state qualifications for office. 209 , 210 ; 211 n,-,,v.4-,7v7 cnQi� 212 Article IV 213 ELECTIONS. 214 Section 2 — ELECTION OFFICERS AND CANVASSING RETURNS: The election judges 215 and other necessary election officials for conducting all such elections shall be appointed by the 216 Council, and they shall be qualified voters of the election precinct in which they are to serve. The 217 election judges shall certify their count of the ballots, attaching the tally sheet to their certificate 218 and deposit it with the City Clerk in a sealed envelope. A1444 r;v v (5) ,a �,s 4ff H @106 0 , 440 219 . 220 Article VI 221 THE BUDGET. A 222 Section 2 — PREPARATION AND SUBMISSION OF BUDGET: The City Manager, shall 223 prepare the annual budget consistent with state law. 224 , 225 , 226 , 227 , 228 , 229 , 230 231 , 232 , 233 ( n ,,,on,4 oa 4 is i46; n ,:,o,,,a o,a c ii /244 234 235 , 236 237 , 238 , 239 . Nis".TFWS� MW H WWI IM 10WIM �1RTSIDA M 1WOM• • . •� T 1 y 244 245 Section 19 — CAPITAL PROGRAM: 246 (a) Submission to Council: The Manager shall prepare and submit to the Council a five (5) 247 year Capital Program , prior to the final date for submission of the 248 budget. 249 Article XI 250 INITIATIVE, REFERENDUM AND RECALL. 251 ScFtion 49 iITCTRICT JUDGE, MAIL ORDER ELECTION- Sbould An C-4y Caictffei4 fail 0 252 , 253 254 , 255 , 257 258 259 Article XVII GENERAL PROVISIONS. •1 sin • 0 101 ki rd r•TVVwvzfI iMM�.�rtirPr•1MBIWA1NNrMMr• • 263 264 265 Proposition E 266 Shall the City Charter of the City of Beaumont be amended to delete repetitive and unnecessary 267 provisions? 268 Measure E 269 Article I 270 INCORPORATION; FORM OF GOVERNMENT; TERRITORY. 271 Section 3 — BOUNDARIES: 272 The boundaries of the Citv may be enlarued by the annexation of additional tem'tory in an 273 manner authorized by law. Whenever, in the opinion of the City Council, there exists within the 274 corporate limits of the City and territory, either inhabited or uninhabited, not suitable, or necessary 275 for Citv puraoses. the Citv Council may. upon a public hearina and by ordinance dulv passed. 276 discontinue said territory as part of the Cit 277 278 279 ,ays,.,;r.o,a .,g 282 283 th-e-, G-2. C—. Q-56'tract; 84 Y ' !—wilaw • .!'!■rV:l7Zl5lZ!!E�!!ff�:lC't�!!:'!t'i.7�Zli :: :• 10 302 303 to its44-teRsP-e4e4-4- *114_4 t-h-e-, se4-t:4 r*44-e,�sAA',-I—R4_1140e4 304 305 ; 306 307 308 B ayetr; 309 310 , 311Geffifa*y's fight of way t 312 intefseetieti , .4 the ntef li*e of tag k ti n , a . 313 314 --*-i,o r,h_A4:I@s AA,7 II;,,=s r o • 315 317 318 4 fiats i 4 9, 1617, 24-a 25 A-4-: s,na , i i , 319 320 321 ; 322 323 , 324 " 325 , said 326 �-e-, beiRgt#e fieAh -lififlied, AH rt des Ix'�ns�T e-agut 327 , 328 , 329 " 11 330 " 331 South line of Powlen Read, 332 ,.,4",,,stw El. 333 334 figh4 of way liffe; 335 , 336 , 337 " 338 ; r. _ s!sss�ee: r.�r�� rs�• �.ers ��siss MMWPPA��. it .. Road_ 342 , 343 " 344 ; 345 346 , 347 B igoef Sti. I ey; 348 349 , 350 351 :-Q-4-e�Ee e—a4wafEl 'leii *g liffe :bet;AzPVEi�-V-eElefi@k B igffe f c _.+:V @y A 1 U_ __@j2A.rs 352 Sp@ef r @ag; � �a tk@ s,.,,Ot,o c r Apccx nca�ac cv cxxo ovacxxoccSt E6ii�@�' A � @ i Afi3&S�pK@%E&SIDE; 353 354 . 355 j . !N.ss!�:ri. 359 •1 :Pienee folh)wing the fight bank ef the vva4ef's edge of the Neehes River- EIE)WH sffid fiVef iii a • - gaij, Read; 362 -F-e0+35, Read to a point 363 Ee�t- @ f I- i-4-4- @ i-;it=e�14 €^+tee 14 „tr, l;,,o r c n€-stfeet; 12 364 , 365 , 366 B EFyetr; 369 ' 370 Flaea-e beginai 375 376 Article II 377 POWERS OF THE CITY. 378 379 380 381 382:be PfON7 -A, Of ther 383 384 385 386 387 this 388 Ss to oc * i- A- 4-;- 4 SANITARY SESAIER SYSTEM: / Y. i • ' 391 Article IV 392 ELECTIONS. ! • . S _X ., 13 • • - - • • / • •iiaiiieemididateMayEff: at: Gouneik+Iewbef: by •i filiftg a SwE)_f-ofballetappoliffee_ e*as_ •• •• • YIF-RoAff"A'MmffR' minim! ! l l Ell.7:!llE �.E�: SS'2�i:fE!!!1/ilEE�liF.R. ,0 • • 402 403 404 Article VII FINANCE ADMINISTRATION. 0 _AJ.re�see�setir.�sss��:tssse�•rrrsi� 4/• 407 time, Y ,0j adopted. All ewitfaets and ptifehases shall be hafidled so as to obtaiff the best value fe-F the GiP)1_1 ,0• _le. N6thiffg befeiti ShRil apply (Affietided • ,116,103) 412 aeEtf6 -RROWIN G IN ANTIC, HPA T-40N n� TAXES. -,.,. t4@ p,,,...,.S@ 4 to.,-, of M, 413 , 414 415 • • • IF N • womhome": ! _ 419 Article VIII 420 TAXATION.* 421 422 , 423 424 425 , 426 427 428 14 429 ; 430 431 , Whieh 432 , 433 ; 434 Seetieff 5 SEIZURE AND SALE OF PERSONAL PROPERT-V-. 44ie seii,ufe afid sale of _ 4 ,45464 437 438 , 439 A4 tie Te-ox-AsT--;4;4- r s-a+n@n e (Et@c4,15,19 440 Article IX 441 ISSUANCE AND SALE OF BONDS." ,. POWER TO BORROWr.Gifty of • ,. ,.. 445 447 Sveti9ix1- J-P Ei A A NTl !''nNTDnT nt7Ti i7 cTRI—V E TC A Nll SI—aF-tx7A T TIC: T-14@ C; itom. 4 448 , 449 , 450 squafes, 451 --- -- ----- _'feet=; Si - — -5 a a - - -- -- J ---.- tffff OF r — - -- -'.-- = -- - 452 , 453 . 454 455 , 456 , 457 , 458 , 459 460 461 462 15 463 Article XV 464 FRANCHISES AND PUBLIC UTILITIES. 465 466 , 467 , 468 , 469 , or- f:atos of aay 470 , 471 ,Afm 472 ; 473 , 474 4% publie utility 4;aReWsov sWall be meept with tile appr-041,-Al of the, City G&ffl4eil 475 476 478 479 483 484 Article XVII GENERAL PROVISIONS. 485 Co. ! 111�T71Tl�Tl�T A TTl11�Tl1T. 11 A 1�T!"T Al1TTC CTATT!"TTTATC:�xTL o o, v,-; �R ��tfenr� 486 , 487 , 488 , 489 , 490 , 491 492 493 , , 494 495 pr-E); ' ce4 by , ,.,-a 4 o l„ , si4iti any oaffA 4 ^o 9+RPvt @+it iS�ict�6s • •: Qkmtef. 16 499 , 500 , 501 , 502 , 503 504 Seetieff 6 EXECUTION, , feal 505 , 506 , 507 , 508 , 509 510 , 511 , 512 • _ OFFICERS SHALL NOT BE r r • . OR 514 M r • Ma-Ragef shall be appoifl • to aiij`... i ..,.z 517 518 519 , 520 , 522 Sv0-4-i94' 14 -PONE TO- SETT- E G-r rnmrc: Ttio City r,,,,, eil t4o p@jA,@rte 523 17