HomeMy WebLinkAboutOrdinance - 464-1930 - Ordering An Election On April 1, 1930 - 02/21/1930l
ORDINANCE NO. 4t ~ i
02-t~ -1.930
02-2 t -l..9-'3C
I
AN ORDINANCE ORDERING AN ~~ECTI O N IN THE CITY OF
....
LUBBOCK. TEXAS, TO BE HELD ON THE ~st DAY OF APRIL. 1930,
FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED VOTERS OF THE
CITY OF LUBBOCK FOR ADOPTION OR RE~ECTIO :J PROPOSED
AMENDMENTS TO THE EXISTING CHARTER OF TI::IE CITY OF LUBBO CK,
DESIGN.A:TING THE PLACES AT \ffiiCH SAID ELECTION IS TO BE HELD,
AND APPOINTING PRESIDING OFFICERS EHEREOF.
1,'/H2REA.S, on the 23rd day of Janu a ry, 1930, a
resolution was duly passed by the Vity Commission of the City
of Lubbock. Texas, providing for notice of its intention to pass
an ordinance submitting amendmen;s to the existing charter of
said city; and,
~'IHEREAS. notice of the int ention to pass such ordi-
nance was duly given by public a tion in the manner and for the
length of time require d by law; and,
WHEREAS, the C.iity Commission of the City of Lubbock,
Texas, deems it proper to submit proposed amendments to the
present charter of the City of Lubbock, as is hereafter provid-
ed; and,
WHEREAS, tbe charter of said city has not been al-
tered, changed or amended for more than two years prior to this
date;
THER E FOREt BE IT ORDAINED BY '.l.'H3 UITY t:ONJMISSION OF
THE viTY OF LUBBOCKt TEXAS:
SECTION I
That a general election be held in the Uity of Lubbockt
Texas. on the lst day 'f Ap.ril, 1930, for the purpose of sub-
mitting to the qualified voters of s a id city fo~ adoption or re-
jection the following proposed amendments to the existing cha~ter
of the City of Lubbock:
AMENDMENT NO. l :
To amend Section 3 of A~ticle 2, Uhapte~ 1 of the
City Charter of the City of Lubbock, Texas, so that same shall
hereafter be and read as follows:
Sectioc 3. 'tThe style of all ordinances of the Uity
of Lubbock shall be: 'Be it ordained. by the Uity Commission
of the vity of Lubbock•; but the same may be omitted when pub-
lished in book or pamphlet form under authority or by direction
of the governing authority of the Vity of Lubbock''•
AMENDMENT NO. 2:
To amend Section 8 of Article 2, Chapter 1 of the
City Charter of the City of Lubbock, Te~as, so that the same
shall hereafter be aod read as follows:
Section a. "The Yi ty sha 11 not be l.iab le on ace ount
of any claim for specific performance • breach of con ta:act or
damages ·to the person or to any property, or for any character
of tort, unless the person asserting such claim shall give the
City written notice of such claim and of the facts upon which
it is based within thirty days from the time it is claimed such
cause of action arose, and no such suit shall be instituted or
maintained on any such claim until the ex piration of ninety
days :from the time such notice shall have been given.''
AMENDM~N1' lW. 3:
To add Section Four of Article 5, Ubapter 1, of the
City Charter of the Uity of Lubbock, as follows:
Section 4. uThe City of Lubbock shall have all other
remedies for the levy and collection of city taxes as are given
by the ~onstitution and Statute of Texas to state and county
for the levy and collection of state and county taxes.''
AMENDMENT NO. 4:
To amend Section Twenty-four of Article 9. Chapter
1 of the City Charter of the Uity of Lubbock. so that the same
, shall hereafter be and read as follows:
Section 24. ''No warrant. voucher or check for the
payment of any alaim shall be issued by the Uity. unless such
claim shall be eviaenaed by an itemized account. filed with
the Ui ty Secretary • approved by the Ui ty Manager. and sworn to
if required by such Uity Ma nager or the Uity Commission. No
time warrants shall be allowed or issued by the t:i.ty Commission
in excess of $50,000.00 for any one fiscal year. All warrants
shall be signed by the Mayor and countersigned by the person
acting as Uity Secratary.r'
AMENDMENT NO. 5:
To amend Section Twenty-six, Article 9, Chapte~ 1
of the 0ity Cha~te~ of the City of Lubbock, so that the same
shall he~eafte~ be and ~ead as follows:
Section 26. ''The City Commission shall cause an
audit of the books, records and accounts, as well as all
t~anaactions pe~taining to the administ~ation of the affai~s
of the Uity, at least once each year. embracing each fiscal
year, by a competent certified public accountant. 'rhe duty
of the public accountant shall include the certification of
all statements l"equired in Section 25 of this article; such
statements shall include a general balance sheet, and state-
ments, showing income and expenditures and also comparisons,
in proper classification, with the last previous audit; such
balance sheet and statements shall be published in some news-
paper regularly published in the Vity of Lubbock at the time
within ten days after the completion and acceptance of the
audit at least once each year".
AMENDMENT NO. 6:
To a44 '3ection 24, Article 2, 0hapter 1 of the
City 0harter as follows:
Section· 24. 'fSale of Electric .Light System and:
Vtater System and Plant to be voted on by people. 'J!he City
of Lubbock shall not sell the municipal light system or the
mu nicipal water system of the Uity of Lub bock or any real
estate owne d by the ~ity unless such sale is authorized by
two-thirds vote of the qualified tax paye~s at a general or
special election held in accordance with law".
AMENDMENT NO. 7:
To amend Article 2 of the City Charter of the
City of Lubbock, Texas by adding at the end thereof a new
article to be known as Article 2-A, which shall read as
follows: ·
Article 2-A. "Section 1. ~he terms, powers
and provisions of an Act relating to street improvements
and assessments therefor passed at the First Ualled Session
of ·the Fortieth Legislature of the State of 'J:ex a s, and shown
as 0hapte~ 106 of the General and Special Laws of said Ses-
sion of the Legislature, are hereby ado p ted as and made a
part of the Oba~ ter of the vi ty of Lubb oo k.
"Section 2. lt is the intention and purp ose
hereof to write into and make a part of the Vharter of the
City of Lubbock all of the powe~s. terms an d provisions of
said Act, and such powers, terms and provisions shall ex-
ist, be in fo~ce and may be exercised as altern a tive to,
and independently of, other powers, terms and provisions of
the Charter of the City of Lubbock with amendments thereto.
and of the law in force in the ~ity of Lubbock, and which
in anywise relate to the same subject matter. ~he Govern-
ing ~ody of the vity of Lubbock may proceed either under and
in accordance with said Act or under and in accordance with
any other law, Uharter provisi-on or amendment now or at the
time in fo~c e ''.
..:
SECTION II
That the poll pla~es ana presiding officers of
said election shall be respectively a s follows:
Said election shall be held in the office of the
City Recorder on the first floor of the City Hall of Lubbock,
Texas, and ·l'l.E. Ballew, c,A. Burrus and H.G. Love are hereby
appointed as judges to hold sai a election.
S E CTI ON III
That said election shall be held under the pro-
visionS; of the Statutes of the .::itate of ~exas and the tii ty
Chartet• of said Ci t .y of Lubbock, and all persons qualified
to vote in s a id aity under the laws of this Sta te regulating
genera 1 elections sha 11 be allowed to vote therein.
SE CTION IV
That the manner o:f holding s ·aid election shall be
governed by the general laws of the ~tate of ~exas regul a ting
general elections, when not in conflict withtb.e provisions
of the law referred to in the last preceding section.
SECTION V
That the form of ballots to be used in said ele.c-
tion shall be resre c ti ve ly as follows:
''Ballot''
.AMENDliBNT NO. 1
Do you vote to amend the present ~ity Ubarter of
the Vity of Lubbock, Texas, by amending and changing Se c tion
Three of Artio·le 2, Chapter 1 relating to the style of ordi-
nances? Answer:
YES
NO
AMENDMENT NO. 2
Do you vote to amend the present City Charter of
the ~ity of Lubbock, Tex s, by amending and changing Section
Eight of Article 2, ~hapter 1 relating to claims against the
City? Answer:
YillS
NO
AMENDMENT NO. 3
Do you vote to amend the present City Charter of
the City of Lubbock, Texas, by adding ~action Four of Arti-
cle 5, Chapter 1 relating to the remedies for the levy and
collection of city 1axes? Answer:
YES
NO
AMENDM .SNT U 0. 4
Do you vote to amend the present City vbarter of
the Uity of Lubbock, Texas, by changing and amend!~ Section
Twenty-four of Article 9, Chapter 1 relating to the amount of
city warrants that may be issu·ed by tbe C1 ty of Lubbock, Texas,
during the fiscal year? Answer:
YES
NO
AMENDME!-TT NO. 6
Do you vote to amend the present City Charter of
the vity of Lub b ock, '..l:exas, by changing and amending Sec-
tion Twenty-six of Article 9, Chapter 1, relating to audit
of tim books, rec or as ana ace ount s of the G.i ty of Lubbock?
Answer:
YES
NO
AMENJJ.t3NT NO. 6
Do yoo vote to amend the prese nt City Charter of
the ~ity of Lubbock, T exas, requiring the sale of the nu.mici-