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HomeMy WebLinkAboutO-1969-821 - call Charter amendment election '.-." to",: .... '. ~" ... ' ! ; ORDINANCE NO. 821 ......... -.... AN ORDINANCE PROVIDING FOR AN ELECTION TO BE HELD AUGUST 23, 1969, ,FOR THE, ELECTORS OF THE CITY OF LA PORTE, TEXAS, TO ACCEPT OR REJECT PROPOSED AMENDMENTS TO THE CITY CHARTER OF SAID CITY; DESIGNATING AN ELECrION PRECINCT AND A POLLING PLACE; PROVIDING FOR THE USE OF VOTING MACHINES; APPOINTING ELECTION OFFICIALS; PROVIDING FOR METHOD AND DATES OF ABSENTEE VOTING; PROVIDING FOR RETURN AND CANVASS OF VOTES OF SAID ELECTION; PROVIDING FOR NOTICE; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY" THE CITY COMMISSION OF THE CITY OF LA PORTE, , TEXAS, THAT: ' Section 1. An election shall be "held within the corporate limits of the, City, of La Porte, ,Texas, on the 23rd day of ......-'" .' A~gust, 1969," ,at which election there shall be submitted to the resident qualified electors of the City of La Porte, ~or '........._..;;.;....~ their acceptance or rejection, ,the followi~g amendments to the Home Rule Charter of the City of La Porte, ,Texas, to-wit: AMENDMENT NO. 1 Article I, ;Section'lO, ,of the Home Rule Charter of the City of La Porte, as amended, shall be amended so that the same ,shall hereafter read as follows: "Section: "10. Exten'sion and contract'ion o'f boundary limits. "The conunission shall have power by ordinance to fix the boundary limits of the City of La Porte and to provide for the ~ (e extension of said boundary limits, and the annexation of addi- tional territory lyi~g adjacent to the City, to provide for the disannexation of territory 'within the City, and to provide for the excha~ge of territory with other cities and town~, " pursuant to and in accordance with the, present or hereinafter adopted or amended general and special laws of this State appLi,cable to, Home Rule Cities." AMENDMENT NO. 2 ,..........-....." . Article II, Section 12, ,of the Home Rule Charter of the City of La Porte, as amended, ,shall be amended so that the first'paragraph thereof shall hereafter read as follows: - '''-., .,,' . . Ordinance No. ' , 821 , , ,P~ge, 2. ~ . \, "Section 12. City Commiss'ion, number, ,se'1:e'ction,. ;t'erm. "The City Comro:ission of the City of La Porte shall be composed of a Mayor and four (4,) Commissioners. The four (4) positions of'Commissioner on the City Commission shall be numbered and des~gnated as follows, ,to-wit: Position No. 1 - Health, ,Recreation, and Sanitation Commissioner. Position No. 2 - Water and Sewer Commissioner. Position No. 3 - Public Works Commissioner. Position 'No. 4 - Fire and Police Commissioner. ~ .' '~ "Any and all decisions, rules, .and r~gulations of each Commissioner shall be ,subj,ect to rev:iew at any time by the, Mayor and/or the full Ci:ty Commission." -..... AMENDMENT NO. 3 Article II, Section 12, ,of the Home Rule Charter of the City of La Porte, as amended, .shall be amended so that the second and third par~graphs thereof shall hereafter read as follows: "The Mayor and members of the City Commission shall hold their offices for a term of two (2) years, and until their successors shall have been'elected and duly qualified. The ...---..., .~: Mayor and City Commissioners, Positions Two ,(-2) and Four (4), ....---~.../ shall be elected at a r~gular City Election on the first Saturd~y of April in each even numbered year. The City Commissioners, Positions One (1) and Three (3) , shall be elected at a r~gular~ity Election on the first Saturday of April in each odd numbered year. "All candidates for City Commissioner shall be voted on and elected separately for positions on said Ci:ty Commission, and each candidate 'shall be des~gnated on the :official ballot accordi~g to the number of such position to which he seeks elec~:i,.on . " .' Article II, Section 21, of the Home Rule Charter of the' City of La Porte, ,~s amended, shall be amended so that the same shall hereafter read as follows: ~'. '. ~" . . .~ e . Ordinance No. '821 , .P~ge 3. "Se'ction '21. Inductio'n of Commi's'sio'n intoo'f'f'ice; meetings of Commi'ss'i'on. -"On the second Monday next followi~g the r~gular municipal election held on the first Saturday of April, ,or as soon there- afteras practicable" ,the Commission shall meet at the usual place for holdl.~g meeti~gs, and the 'newly-~lected members shall qualify and assume the duties of office. At such meeti~g the Commission shall select one of its members to serve as Mayor Pro Tern, and he shall perform all the duties of the Mayor in his absence or disability. Thereafter ,: the Commission shall meet regularly at such times as may be prescribed by its rules but ~ot less frequently than once each month. All meeti~gs of the Commission shall be open to the public; special meeti~gs shall be called by the City Clerk upon request of the Mayor or two Commissioners." Article IX, Section 83, ,of the Home Rule Charter of the City of La por,te, as amended, ,shall be amended so that the same shall hereafter read as follows: "Sectio'n'83 . Municipal elect'i'ons. liThe r~gular election for the, choice of a Mayor and members of the Commission as provided in Article II, Section 12, shall be held annually on the first Saturday of April. The Commission may by o'rdinance or resolution order. a special election, fix the time for holdi~g same, and provide all means for holding such special elections." AMENDMENT NO. 4 Article II, ,Section l2, of' the Home Rule Charter of the City of La Porte, ,as amended, shall be amended so that the fourth par~graph thereof shall hereafter read as follows: "Any candidate' for office receivi~g a majority of all the votes cast for the office for which he is a candidate shall be el~cted to: such 'office. In the event any candidate for any office fails to reqeive a majority of all votes cast for all the candidates for such office, the City Commission shall call a second election within thirty (30) days, at which said second e e Ordinance No.' 821' , ,P,age 4. ~, ." ......._~./ election the two candidates receivi~g the h~ghest number of votes shall be voted for ~gain. In the event of a tie in the vote for the two leadi~g candidates, at the 'r~gular election, the City Commission shall call a second election within thirty (30) days, at'which said second election the candidates receivi~g such tie vote shall be voted for ~gain.lI AMENDMENT NO., 5 ~rticle II, ,Section 13, ,of the Home Rule Charter of the City of La Porte,' as amended, ,shall be amended so that the same shall hereafter read as follows: 'lI'S'eC'ti'o'n: "13. ' Qua:lif ic:atio'ns. ~ ~ "The Mayor and each Commissioner shall be at least twenty-one (21), years of ~geand a resident citizen of the City of La Porte, and have qualifications of electors therein, and shall have owned real property ,in said city for a period of at least one year immediately prior to the 'date application is made for his name to be placed on the ballot. The Mayor, Commissioners; other officers and employees of the city shall not be indebted to ,the city; shall not hold any other public office .and shall not be interested in the profits of any contracts, job, work or service for the municipality or interest- ~ W' ed in the sale to the city of any supplies, equipment, material or articles purchased; nor shall any of them be the owner of stock in any public utility or public service corporation within the. city nor in the emplpy of any owner of stock in any public utility or public service corporation. Any officer or employee of the city who shall cease to possess any of the qualifications herein required shall forfeit his office or position and any contract in which any officer or employee shall or may become inter~sted shc;ill be declared void by the Commission." AMENDMENT NO. 6 .' Article II, Section 14, of the Home Rule Charter of the City of La Porte, as amended, shall be amended so that the same shall hereafter read as follows: e . Ordinance No. 821 , ~~ge 5. :. ~ "Section 14. Compensation; c:if Members of Commission. "The commission shall hold at least one r~gular monthly meeti~g, and the'Mayor or two Commissioners may call as many special meeti~gs as may be necessary to attend to the municipal business. Each Commissioner and the Mayor shall receive for his services, a salary in an amount determined by the Commission, not 'to exceed",the sum of Twenty-four Hundred Dollars ($2,400.00), per year for. the,Mayort ~nd Twelve Hundred Dollars ($1,~00.00) per year for each Commissioner." AMENDMENT NO.. 7 Article V, Section 33" ,of the Home Rule .charter of the . City of La Porte, as amended, ,shall, be amended so that the same shall hereafter read as 'follows: "Section 33. Fiscal year. "The fiscal year of the city, government shall b~gin on the first day of October and shall end on the last d,ay of September of each calendar, year. Such fiscal year shall also constitute 'the bu~get :and accounti~g year. As used in this charter. the ,term. "Bu~get Y~ar" shall mean the fiscal year for which any particuli'ir bu~get is adopted and in which it is administer.ed." . AJ.'\1ENDMENT NO. 8 Article VI, ,Sections 49 thro~gh 54, ,both inclusive, of the Home 'Rule Char.ter, of the City of La Porte, ,as amended, shall be ,amended so that the same shall hereafter read as follows: "Section '49.' Power'an'd autho'rity 't'o in'cur' indebtedness. "The City of La Porte shall have the 'power and authori,ty, py, ordinance duly' adopted, ,to borrow money on the credit of the City. for ,pemanent public improvements and to issue ,its, general obl~gation bonds, revenue bonds,refundi~g bonds, ,certificates of indebtedness', ,notes, warrants, or other forms of indebtedness . pursuant to and in accordance with the present or hereinafter adopted or amended, general and special laws of this State It e Ordinance No. 821 , P~ge No. 6 . ~ applicable to' Home Rule Cities, ,except as such power and authority is expressly limited or 'denied by this Charter, or any amendments hereto. , ' "Section 50 Reserved for future use. "Section. 51 Reserved for future use. "Section' 52 Reserved for future use. "Section. 53 - Reserved for future use. "$,ection 54 - Reserved for future use." AMENDMENT NO. 9 . Article VI,' ,Section 55, .of t~e Home Rule Charter of the City of La Po~te, as amended, .shall be amended so that the same shall hereafter read as follows,: "Section 55,. Referendum on bon'd 'ord"i'n'ance. "Each bond ordinance passed pursuant to a purpose which has been authorized by majority. vote of the property taxpayi~g voters of the City of La Porte, at, an election held for that purpose shall not l;>e subject ,to referendum. Each bond ordi- nance relati~g to Qonds not authorized by the 'qualified property taxpayi~g voters of the City of La Porte, ,shall be subject to permissive referendum on petition pursuant to the provision of' Article X of this Charter, ,unless the bonds are . authOrized so,lely for a ,~,purpose made necessary as the result of fire, flood, or other disaster, or the bonds are to be issued to finance the improvement or extension of a municipally owned or operated utility or other public service enterprise." AMENDMENT NO. lO Article VI, Section 56, of the Home Rule Charter of the City of La Porte, as amended, shall be amended so that the same shall hereafter read as follows: ' "Section 56. Public sale of all bonds. "No bonds issued under this Charter shall be sold without . first offeri~g the same at pub~ic sale. Notice of such sale shall be given by publication at least once in a financial journal published in the State of Texas and by publication at e e Ordinance No. 821 , !?~ge 7. ~" . least once in the official newspaper of the City, both of such publications 'to be made not less than ten days prior to the ".... date set for such sale." AMENDMENT NO. 11 Article XII , Section 119, ,of the 'Home Rule Charter of the City of La Porte, ,as amended, shall be amended so that the same shall hereafter read as follows: n Section, 119. ': Persona'! interest. "No member of the Commission or any officer or employee of the city ~hall have a financial interest, direct or indirect . or py reason of ownership of stock in any corporation, in any contra,ct"or in the sale to the city, or to a contractor, supply- i~g the city, of any lands or rights of interests in any land, material, supplies, or service. Any wilful violation of this section shall constitute malfeasance in office, and any officer or employee of the city found, guilty thereof shall thereby forfeit his office or position. Any violation of this section with the knowle~ge expressed or implied of' the person or corpora- tion contracti~g with the city shall render the contract voidable by the Commission." . Section 2., The City Commission of the .city of ~a Porte hereby designates and es,tablishes all of the ',area encompassed within the corporate limits of the 'City of La Porte, .as one election precinct for this election, ,and the 'City Hall of the City of La Porte is des~gnated as the one polli~g place for such election. Section 3: Mrs. ArbeLa RaLston is hereby appointed Presiding Ju~geof said election, ,and Mr's. Joy Higgins is her.epy, appointed Alt,ernate Presidi~g Ju~ge of said election. ~ ... The maximum number of Clerk~ which may be appointed to serve at . said election is three (3), .who shall be selected by the Presidi~g Ju~g~ or the Alternate Presiding Ju~ge, as the case may be. ~ .', '",-~' . . ~. e e Ordinance No. 821 "P ~ge 8. Section, ,4., Absentee voti~g by personal appearance shall b~gin on the '20th day and shall continue thro~gh the 4th day precedi~g the day of the elec,tion. Absentee voti~g shall be conducted by the City Clerk ,at the same place as pr.ovided in Section 2 hereo';E. .voti~g machines shall be used for the casti~g of absentee votes at such election. The City Clerk shall not permit anyone to vote absentee by personal appearance on any day which is not a 'r~gular worki~g day for the Clerk's office, or at any time when the Clerk's, office is not open to the publ,ic. The City :Clerk of the Ci ~y of La Porte is hereby autho~ized apd directed to appoint deputy absentee balloti~g clerks as necessary. Section. 5. Immed~ately after the close of the polls on the 23rd day of A~gustr ,1969, ,the election officials shall make due return thereof to the City Commission of the City of La Po,rte, and the City Conunission shall canvass said returns at the earliest practicable .time, ,and shall, immediately after canvassi~g the returns, declare the results of the election. Each such proposed amendment, if approved by the majority of the qualifie~ voters voti~g in said election, shall become a part of the Charter of said City. No amendment shall be considered adopted until an official order has. been entered upon the records of said City by the City Commission, ,declari~g the same adopted. Section 6. Said election shall be held in accordance with the provisions'of the City Charter of the City of La Porte, and the, general election laws of the State of Texas governi~g ,general and municipal elections, so far as the same may be applicable thereto. Only duly qualified resident electors of the City ofL~ Porte, Harris County, Texas, shall be qualified to vote at such election. Sectio'n -7., V<?ti~g machines shall be used at said election, ,and the ballots for said election shall have written or printed thereon the followi~g: e . Ordinance No. '821 " .P~ge 9. ~ .'.: OFFICIAL BALLOT . /" AMENDMENT NO. 1 (VOTE "FOR" ar"AGAINST") "Amend Artic:1e I, ,Section 10, of the Home Rule Charter to provide that the Commission shall have power by ordinance to fix the boundary limits of the City of La Porte and to provide for the extension of said boundary limits, .and the annexation of additional territory lyi~g adjacent to the City, to provide for the disannexation of territo.ry within the City, ,and to proviqe for the excha~ge of territory with ,other cities and . towns, pursuant to and in accordance with the present or here- inafter adopted or amended. general and ~pecial laws of this State applicable to Home Rule Cities." AMENDMENT NO. 2 '(VOTE "FOR" or ,~'AGA:J:N~T") "Amend Article II, Section 12, of the Home Rule Charter by addi~g thereto the followi~gdes~gnations for each Commissioner, .to-wi t: Position No. 1 - Health, Recreation, ,and Sanitation Commissioner; Position No. 2 - Water and Sewer Commissioner; Position No. 3 - Public Works Commissioner; . 'Position No.4 - Fire and police Commissioner; "And further providi~g that any and all decisions, rules, and r~gu1ations of each Commissioner shall be subject to review at ,any time by the Mayor and/or the full City Commission." . AMENDMENT NO. 3 (V.OTE "FOR" or: '~AG}.\.IN~T") "Amend Article II, Section 12; Article II, Section 21; and ,Article 'ix, ,Section 83" of the Home Rule Charter, to provide that the date of the City election shall be the first '. Saturday of April of each year." . . Ordinance No. 821 , ,P~ge 10. i'. AMENDMENT NO. 4 /./" (VOTE "FOR" or" AGAINST") "Amend Article II, Section 12, of the Home Rule Charter, to provide that any candidate for office receivi~g a majority of all the votes cast for the office shall be elected; to provide for a runoff election in the event any candidate fails to receive a majority of all votes cast for such office; and to provide for a runoff election in the event of a tie in the vote for the two leadi~g candidates for any office at the r~gular election." ~ ,.,. AMENDMENT NO. 5 ,(V.OTE "FOR" or" AGAINST") ," Amend Article' II, .Section 13, of the Home Rule Charter, to provide that the Mayor and each Commissioner shall be at least twenty-one (21) years of ~ge." AMENDMENT NO. 6 (VOTE "FOR" or..'p.GAINST") "Amend Article II, ,Section 14, of the Home Rule Charter, to provide that each Commissioner and the Mayor, shall receive for his services, a salary in an amount determined by .' the Commission, ,not. to exceed the sum of Twenty-four Hundred Dollars ($2,~00.00) per year for the Mayor, and Twelve Hundred Dollars ($1,2,00.00) per year for each Commissioner." AMENDMENT NO. 7 (VOTE "FOR" -Or" AGAINST") "Amend Article V, Section 33, of the Home Rule Charter, to provide that the fisacal year of the City shall b~gin on the first day of October and shall end on the last day of September of each calendar year." ~. e e Ordinance No. 821' , .P~ge 11. ~~~.. .~_:~:~~~ AMENDMENT NO. 8 _..."'-~~~:..:. i~~fff~" (VOTE "FOR" or" AGAINST") "Amend Article VI, .Sections 49 thro~gh 54, both inclusive, of the Home Rule Charter, ,so that Section 49 shall hereafter provide that the City of La Porte shall have the power and authority, by ordinance duly adopted, ,to borrow money on the credit .of the City for permanent public improvements and to issue its general obl~gation bonds, revenue bonds, ,refundi~g bonds, ,certificates ,of indeb.tedness, notes, warrants, ,or other . forms of indebtedness pursuant to and in accordance with the present or hereinafter adopted or amended, general and special laws of this State applicable to Home Rule Cities, except as such power and authority is expressly limited or denied by ,this Charter, ,or an~ amendments her.eto; and to delete the present la~gu~ge of ,Sections 50 .thro~gh 54, poth inclusive, and to provide that said Sections 50 thro~gh 54 shall hereafter be reserved for futu.re use." AMENDMENT NO. 9 (VOTE "FOR" or" AGAINST") "Amend Article VI, ,Section 55, of the Home Rule Charter, to provide that 'each bond ordinance passed pursuant to a . purpose which has been authorized by a majority vote of the property taxpayi~g voter.s of the .city of La Porte at an election held for that purpose shall not be subject to referendum; to further provide that ec;lch bond ordinance relati~g to bonds not authorized by, the qualified property . . taxp'ayi~g voters of the City of La Porte" shall be subject to permissive ,referendum on petition pursuant to the provision of Artic.le X of thi,s Charter, ,unless the bonds are authorized solely for a purpose made necessary as the result of fire, ,flood, or other disaster, or the bonds are to be issued to finance ,.. the improveme~t or extension of a municipally owned or operated .utility or other publ,ic service ,enterprise." . e Ordinance No. 821 " ,Page 12. ~ . ~- AMENDMENT NO. 10 "-..........~_/ (VOTE "FOR"or"AGAINST") "Amend Article VI, Section 56, of the Home Rule Charter, to provide that no bonds issued under this Charter shall be sold without first offeri~g the same at public sale, and to provide that notice of such sale shall be, given by publication at least once in a financial journal published in the state of Texas and by publication at least once in the official newspaper of the city, both of such publications to be made not less than ten (10) days prior to the date set for such ~ ... sale." ..........- .......,...-" AMENDMENT NO. 11 (VOTE "FOR" or" AGAINST") "Amend Article XII, ,Section 119, of the Home Rule Charter, to provide that no member of the Commission or any officer or employee of the city shall have a financial interest, direct or indirect or by reason of ownership of stock in any corpora- tion, in any contract, or in the sale to the city,' ,or to. a contractor supplyi~g the city, of any lands or r~ghts of interests in any land, ~aterial, supplies, or service; to .' .......' further provide that any wilful violation of this section shall constitute malfeasance in office, ~nd any officer or employee of the city found, guilty thereof shall thereby forfeit his office or position; and to further provide that any violation of this section with the knowledge expressed or implied of the person or corporation contracti~g with the city shall render the contract voidable by the Commission." ''Sectio,n 8. Notice of said, election shall be given by .. posting a copy of the notice 'containing a substantial copy of this Ordinance" at the City Hall in the City of La Porte, , Texas,and by publication thereof, in the La Porte-Bayshore Sun, a newspaper of, general circulation published in said city, on . e Ordinance No. 821 ,P~ge 13. ~. ..' the same day in each of two successive weeks, the date of the .- ..... ~--- first publication to be not less than fourteen (14) days prior to the date set for said election; and, not less than thirty (30) days prior to such election, .the City Clerk shall mail a copy of the,proposed amendments to each qualified voter in the City of La Porte, Texas, as appears on the latest rolls of the Tax Collector.- Section 9. This Ordinance shall be in effect inunediately upon its pass~ge and approval. i". .,..-// PASSED AND APPROVED, .this the 2nd day of June, 1969. Texas ATTEST: ~~~ City Clerk ... ., . _' -.:0-.. ;0-"'"