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HomeMy WebLinkAboutOrdinance - 863-1948 - Ordering An Election In The City Of Lubbock Held On April 6, 1948 - 02/26/1948c oz-21.P-l~B ORDINANCE NO. 863 "2 -29 -1946' '. AN ORDINANCE ORDERING AN ELECTION IN THE CITY OF LUBBOCK, TEXAS, TO BE HELD ON THE 6TH DAY OF APRIL, 1948, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED VOTERS OF THE CITY OF LUBBOOK FOR ADOPTION OR REJECTION, PROPOSED AMENDMENTS TO THE EXIST-. ING CHARTER OF THE CITY OF LUBBOCK, DESIGNATIU:t THE PLACES AT WHICH SAID ELECTION IS TO BE HELD AND APPOINTING PRESIDING OFFICERS THEREOF. WHEREAS, on the 29th day of Januar.y, 1948, &·resolution was duly passed by the City Commission of the City of Lubbock, Texas, providing for notice of its intention to pass an ordinance submitting amendments to the existing charter of said City, and, WHEREAS, notice of the intention to pass suoh ordinance was duly given b.y p~b­ lication in the manner and for the length of time required by law; and, WHEREAS, the City 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 provided; and, WHEREAS, the Charter of said City has not been altered, changed or amended for more than two (2) years prior to this date; THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK, TEXAS: SECTION I. That a general election be held on the 6th d~ of~April, 1948, for the purpose Of submitting to the qualified voters of said City{ for adoption or rejection, the following proposed amendments to the existing Charter of the City of Lubbock& I I_., • ·c 0 • .. AMENDMENT NO. __ 1....__. To amend Section 8, Article II, Chapter One of the City Charter ot the City ot Lubbock so that the same shall hereafter be and read as fo+lowsa SECTION 8. The City shall not be liable on account of a~ claim for specific per- formance, breach of contract or damages for personal injuries of ~ kind or for i~uries to or destruction of property of a~ kind, or tor anJ character of to~t, unless the person in0ured or the owner of the property inOured, damaged or des- tro.yed, or someone in his behalf, shall give the City written notice of such inw jur,y, destruction, damage an4 claim, duly verified, stating the facts upon which the claim is bas~d, within thirty (30)-days from the time it is claimed such in• jury, damage, loss and cause of action arose, stating in such written notice when, where, and how the injury, damage or destruction occurred, and the apparent extent thereof, the amount of damage sustained, the .amount for which the injured person will settle, the actual residence of the claimant by street and number at the date the injury, damage or loss is claimed to have occurred and the actual residence of such claimant for six (6) months immediately preceding the occur- rence of such i~uries or destruction, and the names and addresses of the wit~ nesses upon whom claimant relies to establish his claim, and a failure to so notify the City by wt·itten notice to the City Manager and City Secretar.y within the time and manner specified herein shall exonerate, excuse and exempt the City from ~ liability whatsoever, provided that no suit shall be instituted or main~ tained on an, such claim until the expiration of ninety {90) days from the time such notice shall have been given, and further provided that nothing herein shall be construed to effect or repeal Section Sa, Article 1 of this Charter. . F: c 0 ,.. . . .. • AMENDMENT NO. _ .... 2~-· To add Section SA, Article II, Chapter One of the City Charter of the City ot Lubbock, as followst SECTION SA. The City of Lubbock shall not be liable to ~ person for damages caused from streets, ways, oroasinga, bridges, culverts or sidewalks being out ot repair from negligence of said corporation, unless the same shall have re- mained so for ten (10) d~s after special notice in writing given to the City Secretary or City Manager. . Fi 0 .. . . AMENDMENT NO. -...:o.3 __ • To amend Section Twenty ... Three, Article IX, Chapter One of the City Charter Gf the City of Lubbock, so that the same shall hereafter be and read as followss SECTION 23. The Commission shall fix and determine the salaries and wages of all appointive officers and employees of the City, unless otherwise pro• vided in this Charter, and shall provide for the p~ment thereof. PROVIDED HOWEVER, that when alJ1' payroll of the Ci t7 of Lubbock has been certified by the City Auditor to be correct and ap proved by the City Manager and money's "" necessary to pay such payrolls have been transferred to the PAYROLL ACCOUNT ~ check or warrant signed ~ the Mayor and attested by the City Secretar.y, then such funds shall be disbur.sed according to such approved payrolls b)" checks signed ~·the ~or or Mayor Pro-tem or City Manager and countersigned by the City Treasurer. c 0 AMENDMENT NO. _ __.4L--• To amend Section 1 (one), Article X, Chapter One of the Charter ot the City of Lubbock so that the same shall hereafter be and r .ead as follows& SECTION 1. The Commission shall appoint a City Manager who shall be the administrative head of the municipal government, and shall be responsible for the efficient administration of all departments. c () .. • AMENDMENT NO. __ 5.._ __ • To add Section 3A, Article I, Chapter One of the Charter of the City ot Lubbock as follows& Section 3AI The City Commission shall have power by ordinance to fix the boundar.y limits of the City of Lubbock;·and to provide for the alteration and the extension ot !Sid boundary limits, and the annexation of additional territory lying adjacent to the City, with or without the consent of the terri tory and inbabi tants annexed. That upon the introduction of aqy suoh ordinance in the City Commission, it shall be published in the form in which it ~ be final~ passed, in a daily newspaper, published in the City of Lubbock, at least one time, and said ordinance shall not thereafter be finally acted upon until at least thirty (30) days has elapsed after the first publication thereof; and upon the final passage of any such ordinance, the boundary limits of the City shall thereafter be fixed in such ordinance; and when any additional territory has been so annexed, same shall be a part o£ the City ot Lubbock, and the property situated therein shall bear its pro rata part of the taxes levied by the Qity of Lubbock, and the inhabitants thereof shall be entitled to all the rights and privileges of all the citizens, and shall be bound ~ the aote, ordinances, resolutions and regulations of the City. Provided the provisions of this section shall be cumulative of all other provisions relating to the extension of boundary limits of the City of Lubbock and annexation of ter- ritory to said City and shall never be construed as in conflict with such other provisions but shall be construed as an additional power and cumulative of other Charter provisions. ·.~;,.. .. .. . . • U 5ECTION II. c 0 That said election shall be held and poll places and voting boxes established, with presiding officers of said election respectively as follows: BOX NO. I Central Fire Station Building at the corner of lOth Street and Avenue "J" in Lubbock, Texas, and Glen Hess is hereby appointed Election Judge, and Mrs. F. M. Maddox and H. B. Bryan Assistant Judges, with Mrs. Dan Blair alternate, to hold said election at Box No. I. BOX NO, II Senior High School Building in the 2000 Block on 19th Stre'et in Lubbock, Texas and Knox T. Thomas is hereby appointed Election Judge, and H. D. Woods and Ross Edwards Assistant Judges, with J. C. Royalty alternate, to hold said election at Box No, II. BOX NO. III K Carter School Building at 6th and Avenue 11 Q" in Lubbock, Texas, and R. Bush Smith is hereby appointed Election Judge, and Mrs. H. B. Bryan and Mrs. Jack McGinnis Assistant Judges, with J. A. Pressley-alternate, to hold said election at Box No. III. $ECTION III. That said election shall be held under the provisions of the statutes of the State of Texas and the City Charter of said City of Lubbock, and all persons qualified to vote in said City under the laws of the State of Texas, regulating general elections shall be allowed to vote therein. SECTION IV. That the manner of holding said election shall be governed by the general laws of the State of Texas regulating general elections, when not in conflict with the provisions of the law referred to in the last preceding section. SECTION V. That the form of ballots to be used in said election shall be respectively- as follows: AMENDMENT NO. 1. Do you vote to amend the present City Charter of the City of Lubbock, Texas by amending and changing Section 8, Article II, Chapter One, relating to claims against the City? Answer& · YES NO • . • a. ' .t1 • t () 0 ·" • • • • AMENDMENT NO. 2 .. Do you vote to amend the present City Charter of the City of Lubbook, Texas, by adding Section 8A, Article II, Chapter One, relating to liability of the City and special written notice pertaining thereto? AnsweN YES NO AMENDMENT N~ Do you vote to amend the present City Charter of the City of Lubbock by amend- ing Section 23, Article II, Chapter One, relating to establishment of the method and manner of disbursing payroll funds? Answer& YES NO AMENDMENT NO. 4 Do you vote to amend the present City Charter of the City of Lubbock by amend- ing and changing Section 1, Article X, Chapter One, relating to the appointment of a City Manager, and which eliminates the existing one year residence in Texas requirement? Answer& YES NO. ~NDMENT NO. 5 _r . .. Do you vote to amend the present City Charter o£ the City of Lubbock, Texas, ' by adding Section JA, Article I, Chapter One, relating to and concerning the additional power of the City Commission to extend the City boundaries and annex adjacent territory by ordinance? Answer: SECTION VI• YES NO 111 voters desiring to vote for the adoption of a~ of the proposed amendments shall permit to remain on their ballots, with respect to each proposed amendment which they desire to have adopted, the word "YES 11 , and those desiring to vote against the adoption of any of the proposed amendments shall permit to remain on their ballots, with respect to each amendment which they desire to have rejected, the word "NO.". SECTION VII. The City Secretary shall at onoe mail a copy of each proposed amendment to each qualified voter of the City of Lubbock 1 Texae, as appear on the Tax Collector's rolls for the year ending Jamary 31, 1948. 0 ~ J "' --· ' 4''' 1 ~======~~~~C*l ~,~.siq~==~~~~==================================~~= SECTION VIII. ' I A substantial copy of this ordinance shall be sufficient notice of said election and thirty (30) days notice of the time and place of holding said election shall be given by publishing such notice once each week for five weeks, in a newspaper of general circulation in the City of Lubbock, Texas, the date of the first publica• tion being not less than thirty (30) £u}l d~s prior to the date for the election. §EOTION IX. The City Secretary shall also post or cause to be posted, a cop.y of this ordin• ance, one of which shall be on the bulletin board in the City Hall, one of which f shall be posted at the Court House, both in Lubbock, Texas. and on~ other public . place therein. "' l' ~ION X. This ordinance shall take effect and be in full force immediately from and after its lpproval and passage. • ' r PASSED AND APPROVED first reading this the 26th d~ of February, 1948. ~ PASSED AND APPROVED second reading this the 27;t;h d~ of February, 1948. r """' } I 1 ) I L J ... ' I Mayor r' Notices posted at Federal Building, County Court House and City 1-la 11 ,. .. February 2<i , 1948. Published: A, ,IJ) ) Feb. 29t 1948, ·Mar. 7, 1948, Mar. 14, 1948, Mar. 21, 1948 and Mar. 28, 1948.