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HomeMy WebLinkAboutOrdinance - 318-1925 - Election In City Of Lubbock TX 10Th Dec 1925 - 10/22/1925ORDINA.EPE ORDERil\l'G ELECfiO:N IN THE CITY OF LUBBOCK TEXAS TO BE HELD Oil THE lOth DAY OF DEC ••. A.D. 1925, FOR THE PUR '"'OSE OF stJlmiTTING TO THE QU~IFlED VOTERS OF THE CITY OF LUBBOCK FOR ADOP1'IOB OR P EJECTIOB PROPOSED AMENDJlElr.llS TO THE EXISTING CHAR'l'ER OF THE CITY OF UJBBOCK, DESIGHATING THE PLACES A'l WHICH SAID ELECTION IS TO BE HEU. AliD APPOI!ttiEG PRESIDIF.G OJTIOERS THEREOF. WHEREAS• on the2end day of September~ 1925• a Resolution was duly passed by the City Commission of the City ot LUbbock, Texas, providing tor notice of its intention to pass an ordinance submitting amendments to the existing charter o'f said CityJ and, \v.ffEREAS, notice o~ the intention to pass such ordinanee was duly given by publication in the manner and tor the length of time required by lawJ and• ~~the Cit7Commtaa1oa o~ the City of ~bbock deems it proper to submit proposed amendments to the present charter of the City of Lubbock as is hereinafter providedt and,. WHEREAS• the charter of aaid City has not been altered, changed or amended for more than two years prior to thla dateJ THEBEFORE BE IT ORDAINEtl BY THE CITY OF LUBBOCK, DXAS 1 Section 1. That a special election be held in the City of Lubbock. Texas, on the lOth day of Decemb e r, A.D. 1925• for the purpose of submitting to the oualified voters of said City for adoption or reJection the following proposed amendments to the existing charter of the City of Lbbbock1 AME:m:JlEIT NO • 11 To amend Section 15 o~ Artiele 11, of the City Charter of the City ot Lubbock, so that s a me shall hereafter be and read as followst SEC'l'I Oli 151 (a) The City ot tubbook shall have exclusive dominion, control and Jurisdiction jn, over and under the public streets_. avenues. alleys., hJgh• ways, boulevards and public places and grounds of said City, and shall h ave parer to provide for the improvement of any public streets, avenues, alleys, highways, boulevards• public places and grounds by p~ving, widen- ing, raising, grading, filling, re•paving or re-surfacing or otherwise improving s an e, and by the construction of sewers and drains and curbs g utters and sidewalks,. and by any and all other matters incidental to any or such improvements. The wox-4 "Highway• as used herein shall include a1 stree ts, a lleys• a.veDUes .• boulelvarda• squares. public places and grounds in the said City. The· Govemtng Body of the City shall have the right a nd power to assess against property abutting upon highways or ·eectiona thereof improved, and against the owners thereof • the whole costa of construc'ting curbs and sids.walka• a.ncl ~ of the remaining costs of aDY such improvements. SubJect *o the tema hereot, the Governing .tJody of the City sball have the power to apportion the coat payable •Y the respective parcels of abutting property and own e rs the r e of, a nd to fix a lien against such abutting property therefor9 which lien Shall be superior to all other claimS, liens or interests. e x cept city• county ~nd state taxes and to fix a charge and personal liability against the owners of such property. The portion o~ cost assessed against abutting property apd owners thereof may be payable in installments, and the Gove rning ,~ody of t h e City shall have power to fix ttme and ter.ms of payment, and to p rovide that such assessments shall bear interest •t any~te not exceeding 9% p er annum, and to provide th ~t such assessments shall include -~onable attor.neyts fees and costs or collection, if incurred, and to provide that default in the payment of any insta llment shall~ at the option of the owner ot any assessment or certifica te issued in evidence thereof. mature the .entire assessment upon which de~ault is made. The Governing Body shall have fQ~l authority to issue assignable .certif1eates in evidence or any and all such assessments. - \ .. . ___ ._ \ . {B) The Governing Body of the City sball .have power to assess and shan asseaa :~nst the owners of stree t railways, steam ra11ways and other railways occupying or crossing any b1gbway or porti-on thereof' improved• the ent.i:re -co-st of .making !JUCh improvements in the area between and under the rails• tracks,. switches, double-tracks or turn outs of any such railways and ~or two ~eet on each aide thereof', which sums when assess• ed shall be pa1d by the owners of such ~ilways and shall be a lien upon the r.o&dbed, rails1 ties. tracks~ franchises~ and other property, real, personal or mixed• used in tthe operation ot such railwayv• and which lien shall be superior to all other lieDB,. claims or in~ere·ata, -cept City• State and County faxes, and the ~overning Body aha 11 have fUll power to make and levy~ and al)fluch assessments and to provide therein tor reasonable attotney-t:e tees and cost.a of collection, if .incurred, and to preseribe the time and terma ot pa.ym.ent. and for interest not to eX- ceed tba r a te o-r 8% per amwm upon any deterred payments, and f"or acc- elera ted maturity at the option of the holder~£ any such assessments~ certifica te issued in evidence thereof in case def'ault be made in the payment o'f any 1nsta llment.. {c) lio assessment shall be made against any abutting property or owner thereo~, or against any railway or street railway or owner therat, untll after oPJ)ortuni.ty :f'or hearing to .such owners and to a.ll o-thers interest- ed or \O be attected before the Governing Body of the (.; l\7 preceded by notice of the :time and p·laee ot such hearing addressed generally to such owners and oth~rs affected, without the necessity of specifically describing the property to be assessed or n~ing ~he owners thereof• which notice sha ll be published in some newspaper published in a nd ot genral eircu~t!on in the City ot Lubbock •. Texa~, a t least three t~es before the -date fixed for such be!l ring,the first of wh ich publica tions shall ~e a t least ten days· before the date o~ such hearing~ and it shall not be necessary to th, yalidity of such notice t hat it do more than sta te gene rally the t~e. place a nd p urpose of such bearing, with a genw eral designa tion o:f' the highway or portion o~ portionss thereof to be i ro provecl, and with reference to which the hea ring ia to be held. The g overning Body shall have power to provide for additiona l notice in ita discretion, but said published notic·e shal'l be sufficient a nd bind- ing upon all owners and others interested or ~o be a~fected• not w ~·beta~ 1ng that other and a.1ttli.t1onal notice may be provided for a nd no~ given• or if given al:rad4 .be tau·lty-.. erromeous or detective for .any reason. At such hea ring the own·ers ot abutting prop erty a nd of s a ia stree t railways, steam railways and othe r railways and a~l other varties intere sted or t~ be affected• stall have the right to contes~ such assess- ments either us to the benefits to abUtting property or as to ~he amount;.s ot assea·$menta. or f'S to any error there i n, or any error or invalidity ~n any prQcee4ing ~ith reterence th~re to or with re£erence to the apportionment or the ·cost of any improvement• or wi th reference t o the regula rity, SlJfftclenoy, validity or a ccuracy of any step or proceeding in conneption w1tb such fmprovem~ts or assessments therefor. and shall have the right to produce testimony and summon witnesses in support o£ a~y contest• protest or objection made• and the Governing Body shall• at or after such hearing• determine the amounts, If any• to be atJ.Sessed~,··~O. sha.ll make ~t'h assessments , by o-rdinance. At aucb hearing., any -etr61ll5 1 1D'mlid1 ties, irregular! ties, inaccuracies o:t deficiencies in poilnection with any proceeding or step may be corrected or supplied. Bo assessment shall be made against any abutting property or the owner thereof in excess of the special benefits to such property in the enhaaae4 value thereof by means of the improvements £or ·which as s essments are levied as determined at such hearing. Such assessments when levied may be en- forced e1 ther by suit in any Court having jurisdi-ction brought by the Cit 7 for tbe bene~it of the owner Rnd holder of any such assessment or of certifica te issued in evidence thereof1 or brought by such owner and hold• Sri orj6y the sal~~f the property assessed in the same mann e r, as near as possible, as is provided for the sale of real estate for municipal ad valorem taxes. The lien o~ a ll such assessments ~hen levied, as well as any re-assessments which may be made, shall relate ba ck a~d t ake effect as of the d a te of the ordinance, resoluti-on or other proceedixg ordering the improvement for which such assessment or re-assessm ent is levied. Ord. #3 1J-Page 3 .. . r ' (d) · Bothing herein contained shall empowe r the City to ~ix an assesament lien against any property exempt by law f'rom the lien of special assessments for street improvements, but the owners of suoh eaempt property shall nevertheless be personally liable for the portion of the cost of such tmprovements which would be a lien on such property. where it is· not so exempt, and suoh sums shall be assessed · against such owners and became a personal liability and charge and be enforced, all in the same manner as hereinbefore provided for other · assessments. The tact t hat ~ improvement is omitted in front of any property so exempt sha ll not invalidate or impair assesaments against other prop erty or the owners tbereo~. (e) The Governing Body shall ha v e the power to cause to be issued in the name of the City assignable certificates in writing declaring the liabi l ity ot abutting prop erty and the owners thereof, and of any s team railways. street railways or other railways, for the payment of a ssessments levied• reciting the time and ter.ma ot payment, the rate of i n terest, and other matters appropriate thereto. If any such certlti.-te sha ll recite substantially tha t all proceed• ings w1 th ref"erence to the improvement therein referred to and assessment evidenced lhereby have been regularly ha4 in ca.mpliance with law R.nd charter, and that all prerequisites to the fixing of the assessment li~n against the property therein referred to and the p er- sonal 11ab1,1ty of its o~ers have been perfor-med, such recitals shall be prima facie evidence of such matters and all other pertinent facts recited, and no further proof thereof shall be required in any court. (t) SubJect to the terms hereof', the Governing . .oody of the C 1 t7 shall apportion the costs of improvements wmong the parcels of property abutting the highways, or sections thereof improved, and the owners thereof, in accordance with the Front Foot Rule or Pla n, but it 1n particular cases the application o~ this rule would, in the opinion of the Governing Body, result in inJustice of inequality, then such Body shall adopt such :rules as shall ef'fect substantial justice and equality, having in view the benefits received and burdens imposed, and the proportion of costs to be assessed against abutting property and owners thereof sbal~ be all the cost of constructing sidewalks and curbs, and 90~ of the remaining coste of such improvement. exclusive of the cost of improvements in the area between rails, tracts, doubl e tracks·, turnonts and aw1-tcbes and two feet on each side thereof, of a.D7 steam railway, street railway or other railway unless it Shall appear t~~t the special benefits to such abutting property in the enhanced ~alue tereot by means of such improvement will not aggreg ~te such pro• portion of costs. in which event the amount to be assessed against such abutting propezty and owuers the reof shall be -the amount of such benefits. (g) Bo error or mistake in the ordinance levying assessments or in any proceeding prerequisite there to shalllnvalidate any assessment levied, and no error in describing any parcel of abutting property, or in g1ving the name of the owner thereof, shall invalidate any such assessment, but same shall have full :force and be in effect against the premises and against the real and true owners thereof and the Governing Body may at any time by ordinance make correction of any error or mistake in the description of any prop erty in the name ot any owner in any preceding ordinance, and the tact that more than one parcel o~ property may be included in ane assessment, or that property assessed maybe Jointly owned and assessed Jointly, shall not affect or impair the validity of any assessment. Bo assesBment shall be made nor certific ~te issued Which shall cover more than one vacant orantmproved tract and no vacant property ehal~e included in an assessment or certifica te with other property. Whenever, in the opinion of the Governing ~ody, any error, mista ke or . invali d ity exists in any proceeding with reference to any such improve- ment or assessment, it may correct the same, and shall have power to make re-assessments a~nst any such ~~erty and the owners thereof, and it shall be its duty tp do when re~ue sted by any one entitled to compensation for making such improvements or by the holder of any assignable certificate issued in evidence thereo~. Such re-assessment shall be made after notice and hearing in the mann e r and for the length ' . .o1 . VJ. .a.U 11' 'lll8 -Pg .. 4. . of time herein provided for original assessments and not in exces~f the benef'i ts in enhanced value to. the property assessed., and other- wise as near as possible in accordance with the provisions hereof~dth reference to original assessments, and the Governing Body shall have tull power by ordinance to make any and all rules and regulationa necessary to carry into e£fect the pToYia1ona hereof relative to assessments and reassessments. After such reassessments, the City shall have the power to . issue assignable certificates evidencing the same as hereinbefore provided, and the conditions of said certificates and the recitals thereof shall, as near as possible, comply with the provisions hereof relating to, and have the same force and effect as certificates in evidence of original assessments. Bo such re-assessment Shall be made unless proveedings therefor are begun within three yea rs from the d ~te of completion of the improve- ments and acceptance thereof by the City for which original assessment has been or should have been levied, but if the vaLidity of any assess~ ment shall be involved in litigation, then the period of litigation shall not be considered in camputing said three years. (h) The Governing Body shall have power to take any step or proceed .. 1ng in connection with or prerequisite to any such 1mprovaaent or assessment or re•assesament e1 ther b7 order., motion, resolution or ordinance, except that the actual final levy of assessment or re-aasee&- ment shall be by ordinance. -- (1) AnY property owner, or railway or street railwa,., or anyone I else interested or affected and against whom or whose prope rty an / assessment or re-assessment h a s be e n made~ shall ha ve the ri ght within twenty days thereafter to bring suit in any court ~-ving Jurisdiction, to set aside or correct the same either in whole or in pa r~ for or 6D account of any error, irregularity or invalidity in the amount thereof or in any proceeding with reference thereto, but thereafter such owner a nd all others in anywise interested or attected shall be barred and stopped fram any such action and fram in anywise contesting the validity or enforcement ot any such assessment or ·re-assessment in any action i.n which the same may be brought in question. If such suit be brought, the construe\ ion of' the improYements ma ybe sus- pended unti l the final deter.m1nat1on thereo~. (J) The Governing :Body shall have the rigllt to determine the ndu~e a nd extent of the improvements to be made, a nd the materia ls. me thods, plans a nd .specifications under which the same shall be constructed and ~ shall have the right to .let the work of making s~e by contra ct. and shall have the right to specify different or alternative ma teria ls, methods or plans. (k) The powers hereby granted shall exist as alte.rna.tive to any powers elsewhere or otherwise derived. To add Section 5 to Article e of Chapter one ot the City Charter of the City of Lubbock. Texas, so that the added article shall read as f'ollows1 Section 51 Bo bonds shall be sold until the sale bas first been advertised in a newspaper onee each week for a period ot thirty daya. All sales sha ll be in open meeting of the Commission. AlmliDMEET NO. 3. To add Section 1, Article l• Chapter 3 of the City Charter of the City of ~bboek, Texas,so that same shall read as followss Section la BOARD OF CITY DEVELO PME NT. The Commission shall appoint what shall be known and designated as a ·~oard of' City Development." which shall be composed of fifteen (15) members who shall serve with- out compens~tion, and may prescribe the qualifications and duties of such board and shall annually appropriate two mills on the one dolla r valuation of the taxable property in the City of LUblDck ~ the general fund of said City to support the work of such board a nd annua l l y levy a tax sufficient to raise said amount. Ord. I 318 -Pg •. 5. Section 2. The members of the aforesaid board shall hold office for a period of' a1x (6) years{ said 'board ot 15 members to be so divided that the term o'f five 5) members shall expire every two {2) yearaJ and 1 t shall be the duty of the commission iD making the appoin~ent of the first board to indica te ln its appointment the names of the members whose ter.m shall expire in two years, the names ot the memb~rs whose terms shall expire in four years. and the names of the members whose term shall expire in ai.x years1 all said members to hold said oft'ice until their -successors are qualified., unless a removal is made by the City Commias.ion 'for inefficiency or · inattention to the duties of said office.. In case of a vacancy on the board by resignation or otherwise the City Commission shall till said vacancy by appointmen'• Section 3. The appropria tion for support of said board of City Developme nt Plan shall be p a id to s a id boa rd each month in payments of one-twelfth (l/12) aa nearly as practical. Section 4• The Boa rd of City Developm.en t shall mak~emi-annual report to the City Comnisaion. AlirENllMEBT mo. 4. To add to Section 9 of Article 3 of Chapter 1 of the City Charter of the City of Lubbock9 Texas, so tha t same sball hereafter be a nd read as followsa Section 9a The fee system for c~pensation of officers of said court is here by a bolished, the City Commission shall p~~~be the salary of the recorder of said court and the City Attorney, pay- able monthly, and the cammissiou shall employ any licensed attorney or firm o~ attorneys for the city. to appea r baoth befor e s a id recor4• ere court and in all ma tters in which the cltymay be interested• and sball ttx the compensat on therefor to be paya ble ln m o~y install• menta •. " .AltEllDlmNT NO • 5. To amend Section 14, Article 1 of Chapter 1 of the City Charter of the Ci t.y of Lubbock, Texas. so th"l t the same sha~l hereafter be and read as 1"ollows1 Section 141 The compensa tion of the Ua yor shall not exce e d $900.00 (line Hundred) p er annum a nd the compensa tion o~ e ,cb commissioner shall not exceed $300.~0 (Three Hundred) p e r annum, payable in month• ly in~tal~entBJ provided• howev e r, tha t the Kayor and any commieslaner shall f'orfel t not exceeding $10.00 per meeting of his sala ry if absent ~am any regula r meeting of the commission unless such absence from the me e ting is unavoida bl7 necessita ted in the services of such officer on busine ss of the otty away 1i"om the city a t the time the meeting is held. · To amend Section Section 2 9 Article 9, Chapter l of the City Charter of the City of Lubbock, Texaa, so that the srume shall hereafter be and rea d as followsa Section 21 The Mayor shall serve for a ter.m of two years• and each cmmnissioner shall serve for a ~e~ of four years, and until their successors are elected a nd qualified, unless sooner r~oved fra.m Office as herein provided. Upon their· qualification after the first eledt1on after the adoption of this snendment ' the commissioners shall draw lots for the ter.ms of office. two of thea shall draw for the term of two years and two of them shall draw for the tenD of four years; those dra wing for the two year ter.m shall hold office for said term of two uen rs, and those drawing for the four year tenn shall hold office ~or said ter.m of four years. AMEBDl!EE'l' mo. ?. To amend Se ction 3, Article 7, Chapter 1 of the City Ch!lrter of the City of Lubbock, Texas, by omitting a nd repea ling the 3rd paragra ph or said Section 3J said third p a r a graph of said Section 3 reading a s follawsl Ord. II 318 .... Pg. 6. •It is further provided hereby tha t said City shall not charge nor collect from said persons said street tax when they engnge in such business or businesses on the City Square or Plaza of smd City now owned by it, being all of Block Bo., Eighty-seven 1n the original town of Lubbock, Lubbock County, Texas. and such perSJ ns may stand their said vehicles on said Block for the purpose of carrying on their aaia business without being required to pay said tax. Said bloc~eing the one on which the City Hall is now loc a ted. SECTION 2. That the polling places and presiding officers of said election shall be respectively as follower . Said Election shall be held in the Kayor•·s Office Second Floor City Hall Lubbock, Texaea H.D. Woods, R.T. Penny and w.S.Clark are hereby appointed as judg es to hold said election. SECTION 3• That said eledtion shall be held under the provisions of Chapter 14?• Acts of the-Regular Session of the Legislature of the State of Texas of 1913t (N~ shown as Chapter 13• Title 28• Revised Civil Sta tutes of 19251. and all persona qualified to vote in sal d City under the laws ot this State regulating gerneal elections, shall be allowed to vote. SECTION 4. That the manner or holding said Election shall be governed by the general laws of the State of Texas regula ting general elections, when not in conflict with the provisions of the law referred to in Ul last preceeding Sec~ion. SECTION 5. Tbat the form of ballots to be used in aaid election shall be respec• tively as followst Do you vote to amend the present city charter of the City ot Lubbock, Texa s~ by amending and changing Section 15• of Article 2t Chapter 1. rela ting to street improvements and assessmen t & and reassessments? Andert YES. llO• Al!ENDMENT NO. 2a Do you vote to ~end the present city ~harter by adding Section 5, Afticle a. Chapter 1, relating to advertisement of sales of bonds? Answers YES. no. AMENDMENT liTO. 3t Do you vote to amend the .present city charter of the City of Lubbock, Texas, by a dding Section 1•2•3 & 4, Article 1., Chapter 3, relating to crea tion of Bo a rd o~ City Development? Answer• YES. xo. AHENDMENT NO. 41 •. Do you vote to amend the present city charter of the City of Lubbock, Texas. b.1 amending and changing Section 9 of Article 3 Chapter 1, relating to compens&ion of officers of city c ourt1 Answer YES. NO. Ord. I 318 -Page 7. AJI'ENDJIENT NO .. 51 ~.-_J Do you vote to amend the present city charter ot the City ot Lub~ock• Texas. by amending and changing Section 14• Article 9, Chapter 1, ~elating to ca.mpenaat i on of Mayor and City Comm1ss1onersa Answers YES. NO. AKENDt!ENT NO. 61 Do you vote to amend the present City Charter of the City ot Lubbock, Texas, by ~ending and changing Section 2• Article 9, Chapter 1, relating to terms ot office of Ha.yor and Commissionerst Answers YES. NO. AJlENUlENT NO. '1t Do you vote to amend the present city charter of the city ot Lubbock, Texas. by amending and changing Section 3 1 Article 7, Chapter 1, by omitting paragraph 3 of said Section 3• Article 7~ Chapter 1, relating to collection of street tax? Answer: YES-. liO .. All voters desiring to vote for the adopti on of any of the proposed mnend• mente shall permit to remain on their b a llots with respect to e a ch pro• posed amendment which they desire to have ado pted the word "YES", a nd 11hose desiring to vote against ' adoption sha ll permit to remain on their ballots with respect to each amendment which they desire to have rejected the word . J •xo•. · ~1 The City Secretary shall at once~ail a copy of e ~ch of the proposed amend• menta to every qualified voter in tbe City o~ Lubbock, ~exae, as appears rro.rn the Tax Collector•s rolla for the ye ~r ending Zanuary 31st., 19e5. SECTION fl• A substantial copy of this ordinance shall be sufficient notice of eaid election and thirty days notice of the time and places of holding said election shall be given by publishing such notice noce e a ch week for five weeks, the date of the first publication being not lese tha n t h irty full "daye prior to the said date for the election. SEDTIOli 9. This ordinance shall take effect and be in force 1mmed1atelyfl'om and after its passage. Passed and approved this 22nd day of Oct., 1925. A.D. F.R.Friend !iayor. ATTEST I J.R.Germany city secretary.