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HomeMy WebLinkAboutOrdinance - 4247-1963 - Ordering A Special Election To Be Held Jan 7, Proposed Amendments. - 11/14/1963ORIGINAL =-II -l 4-ltil/3 1 \ -2LP -It) lJ3 ORDINANCE NO. '4247 AN ORDINANCE ORDERING A SPECIAL ELECTION IN THE CITY OF LUBBOCK TO BE HELD ON THE 7th DAY OF JANUARY, 1964., FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED VOTERS OF THE CITY OF LUBBOCK FOR ADOPTION OR REJECTION PROPOSED AMENDMENTS TO THE EXISTING CHARTER OF THE CITY OF LUBBOCK; PROVIDING FOR PUBLICATION OF NOTICE OF ELECTION IN SOME NEWSPAPER OF GENERAL CIRCULATION TO BE PUBLISHED IN THE CITY OF LUBBOCK ON THE SAME DAY IN EACH OF TWO (2) SUCCESSIVE WEEKS; PROVIDING FOR BALLOTS; DESIGNATING THE PLACES AT WHICH SAID ELECTION WILL BE HELD AND APPOINTING PRESIDING OFFICERS THEREOF. WHEREAS, the Charter of the City of Lubbock has not been altered, changed, or amended within the two (2) years prior to the 7th day of Ja~y. 1964, and; WHEREAS, the City Commission of the City of Lubbock, Texas, deems it proper to submit to the qualified voters of said City of Lubbock proposed amendments to the present existing Charter of the City of Lubbock, as hereafter provided, at a Special Election for the purpose of adoption or rejection such amendments, to be held on the 7th day of January, 1964, at the places hereafter designated; NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: SECTION 1. THAT a Special Election be and is hereby ordered to be held on the 7th day of January, 1964, for the purpose of submitting to the qualified voters of the City of Lubbock for adoption or rejection, the following proposed amendments to the existing Charter of the City of Lubbock: AMENDMENT NO. 1 That Section 2, Article III, Chapter 1 of the Charter of the City of Lubbock, which now reads as follows: Recorder "Section 2. Such Court shall be presided over by a judge to be known as the Recorder of such Court, whose appointment shall be made, duties defined, and compensation fixed by the goverhihg authority of the City. In case of absence or disqualification of the regular or acting Recorder, the Mayor or Commissioner I Number One, Commissioner Number Two» Commissioner Number Three, or Commissioner Number Four, in th€ o-rdet-harned shall act as Recorder. BE repealed. I AMENDMENT NO. 2 That Section 2, Article VII, Chapter 1, of the Charter of the City of Lubbock, which now reads as follows: Power to Levy Poll Tax "Section 2. Said City shall have the right, annually, to levy and collect a poll tax not exceeding One Dollar ($1. 00) for each y ear, upon all male inhabi- tants between the ages of twenty-one (2lhand sixty (60) years, not exempt from poll tax by the General Laws of the State. 11 BE repealed. AMENDMENT NO. 3 That Section 7, Article VII, Chapter 1 of the Charter of the City of Lubbock, which now reads as follows: Finance and Fiscal Control by City "Section 7. The City shall have the power to control and manage the finances of the City, to provide for its fiscal years and fiscal arrangements. 11 BE amended to read hereafter as follows: The City shall have the power to control and manage the finances of the City, and to provide for its fiscal years and fiscal arrangments as may be directed by the duly elected governing body. AMENDMENT NO. 4 That Article IX, Chapter 1 of the Charter of the City of Lubbock, BE amended by addition thereto of a new and additional section, to be designated Section 6A.._ which shall read hereafter in full as follows, to-wit: Section 6A. At every regular election and every special election called to fill one or more vacant elective offices, election to each office shall be by a majority of the votes cast for such office at such election. Where in any election for elective office no candidate receives a majority of all the votes cast for. such office at such election, the City Commission shall, immediately upon declaring the official results of the election, issue a call for a run-off election for every place to which no one was elected. Such run-off election shall be held on the fourth Tuesday following the preceding election, and in such run.,off election the two candidates who received in the preceding election the highest number of votes for each place to which no one was elected shall be voted on again and the candidate who receives the majority of the votes cast for such place in the run- off election shall be declared elected to such office. The Commission shall on the next regular meeting day of said Commission and in any event within five days after said run-off election canvass returns and declare the results of such election. AMENDMENT NO. 5 That Section 24, Article IX, Chapter ·1 of the Charter of the City of Lubbock, which now reads as follows: "Section 24. No warrant, voucher or check for the payment of any claim shall be issued by the City,·.:unless such claim shall be evidenced by an itemized account, filed with th~· City Secretary, approved by the City Manager, and sworn to if required by such City Manager or the City Com- mission. No time warrants shall be allowed or issued by the City Com- mission in excess of $50,000 for any one fiscal year. All warrants shall be signed by the Mayor and countersigned by the person acting as City·Secretary." BE amended to read hereafter as follows: Section 24. No warrant, voucher or check for the payment of any claim shall be issued by the City, unless such claim shall be evidence by an itemized account, filed with the City Secretary~ approved by the City Manager, and sworn to if required by such City Manager o~ the City Commission. No time warrants shall be allowed or issued by the Commission in excess of the amount now or which may hereafter be permitted by law governing and pertaining to issuance of time warrants by Municipal Corporations; and FURTHER PROVIDED, that all warrants shall be signed by the Mayor and countersigned by the City Secretary. AMENDMENT ~0. 6 That Sections 1, 2, 3, 4 and 5, Article x .. Chapter 1 of the Charter of the City of Lubbock, which now reads as follows: City Manager--Appointment--Authority uSection 1. (As amended April 6, 1948). 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. Compensation and Duration of Office uSection 2. The City Manager shall receive an annual salary based on the population of the City of Lubbock in the following sum as follows: 11 As long as the population of the City of Lubbock is Seventy-Five Hundred ( 7, 500) inhabitants or less the salary of the City Manager shall not be less than Eighteen Hundred ($1, 800. 00) Dollars nor more than Twenty-two Hundred ($2, 200. 00) Dollars per annum payable in monthly installments. "When the population of the City of Lubbock shall have reached Ten Thousand (10, 000) inhabitants, the maximum salary to be paid the City Manager shall not exceed Twenty-five Hundred ($2, 500. 00) Dollars per annum payable in monthly installments. "When the population of the City of Lubbock shall have reached Fifteen Thousand (15. 000) inhabitants, the maximum salary to be paid the City Manager shall not exceed Three Thousand ($3, 000. 00) Dollars per annum payable in nn~ installments. "The salary to be paid the City Manager after the population of the City of Lubbock has passed Fifteen Thousand ( 15, 000) inhabitants to be determined by the City Commission. nThe City Manager shall hold his office at the will of the Commission. Powers and Duties of City Manager "Section 3. The City Manager shall see that the laws and ordinances of the City are enforced. He shall appoint all appointive officers and employees of the City, except the City Secretary, City Treasurer, City Marshal, City Tax Collector and Assessor and City Attorney, with the advice and consent of the Commission (Such appointments to be made upon merit and fitness alone) and may at will remove any and all officers and employees appointed by him. He shall exercise control and supervision over all departments and offices that may be created by the Commission, and all officers and employees appointed by him. He shall attend all meetings of the Commission with the right to take part in the discussion, but having no vote. He shall recommend in writing to the Commission such measures as he may deem necessary or expedient. He shall keep the Commission fully advised as to the financial condition and needs of the City, and perform such other duties as may be prescribed by this Charter or which may be required of him by ordinance or resolution of the Commission. Nepotism --City Manager "Section 4. No person related within the second degree by affinity or within the thi:r?.d degree by consanguinity, to the City Manager, shall be appointed to any official position, clerkship or service of the City. Time of Appointment --City Manager 11Section 5. The City Manager herein provided for shall be appointed as soon after the adoption of the Charter as is practicable • ., BE amended to read hereafter as follows: ARTICLE X CITY MANGER Qualifications Section 1. The City Manager shall be employed by the governing body. He shall be selected solely on the basis of his executive and administrative qualifications with special reference to his actual experience in or his knowledge of accepted .practice with respect to the duties of his office. At the time of his appointment he need not be a resident of the City or State, but during his tenure of office he shall reside within the City. No member of the governing body shall, during the time for which he is elected or for two years thereafter, be chosen as City Manager. Compensation Section 2. The City Manager's salary shall be fixed by the governing body of the City. Term of Office Section 3. The City Manager shall be appointed for an indefinite term and may be removed at any time by a majority vote of the members of the City's governing body. Powers and Duties Section 4. The City Manager shall be the chief administrative officer of the City Government. He shall be responsible to the governing body for the proper administration of all affairs of the City placed under his control by this Charter or by ordinance or resolution of the governing body and to that end he shall: a. Except for the City Secretary-Treasurer, City Attorney and Corpor- ation Court Judge, and Tax Assessor-Collector, appoint and remove any officer or employee of the City except as otherwise provided by this Charter; b. Prepare a budget annually, submit it to the governing body for approval, and be responsible for its administration following adoption; c. Keep the governing body advised of the financial condition, administra- tive activities and future needs of the City, and make such recommendations as may seem desirable; d. Attend all meetings of the governing body with the right to take part in the discussion but havingrto vote; e. See that all laws and ordinances are enforced; f. Perform such other duties as may be prescribed by this Charter or required of him by the governing body. not inconsistent with the provisions of this Charter. Absence of City Manager Section 5. During the temporary absence or disability of the City Manager, he shall b,)e letter filed with the City Secretary appoint a qualified administrative officer of the City to perform his duties during such absence or disability. In the event of the incapacity or failure of the City Manager to make such appointment~ it may be made by the governing body. During any vacancy in the office of City Manager, the governing body shall designate by letter filed with the City Secretary a qualified administrative officer ci. the City to serve as Acting City Manager during the existence of such vacancy. Governing Body's Relations with City Manager Section 6. The governing body and each of its members shall hold the City Manager responsible for the proper administration of all affairs of the City1 but neither the governing body nor any board or commission created by it~ nor any members thereof, shall dictate the appointment of any person t> or his removal from office or employment with the City, or in any manner interefere in the appointment of officers and employees in the departments of the administrative servi~e.:vested.ln the City Manager by this Charter. Except f~r the purpose of inquiry, 'the governing body and its members shall deal with the administrative service solely through the City Manager1 and neither the governing body nor any member thereof shall give orders to any subordinate of the City Manager either publicly or privately. Nepotism--City Manager Section 7. No person related within the second degree by affinity or within the third degree by consanguinity, to the City Manager, shall be appointed to any official position, clerkship or service of the City. AMENDMENT NO. 7 That all sections of the Charter of the City of Lubbock which refer or has reference to and now read uCity Commission"~ "Commission", uCommissioner11 , "Commissioners". · BE amended to hereafter read "City Council", "Council11 ~ "Councilman", and "Councilmen", respectively. The term "Councilmen" and "Councilmanu shall include females, who shall be known as 11Councilwomen11 or "Councilwoman". SECTION 2. Said Special Election shall be held at the following places in the City of Lubbock, designated as voting precincts and voting places as provided in Ordinance No. 3746 as follows: Voting Precinct No. 1. 2. 3. 4. 5. 6. 7. Voting Place Fire Station Number One Carroll Thompson Junior High School J. T. Hutchinson Junior High School 0. L. Slaton Junior High School Chris Harwell School EllaNiles Elementary School Zenith A venue Fire Station Voting Precinct No. 8. .. 9. 10. 11. 12. 13. 14. (Cont.) Voting Place (Cont.) Sam Arnett School College A venue Fire Station ~~ Fire Station No. 7 Lou Stubbs School Atkins Junior High School Wheelock Elementary School Parsons Elementary School SECTION 3. THAT said Special Election shall be conducted by the following who are hereby appointed and designated as Officials of said election to -wit: VOTING PRECINCT NO. 1 Judge: I. C. Dunbar Alternate Presiding Judge: Mrs. I. C. Dunbar VOTING PRECINCT NO. 2 Judge: Mrs. J. D. McGinnis Alternate Presiding Judge: Mrs. B. W. Scarbrough VOTING PRECINCT NO. 3 Judge: Alternate Presiding Judge: VOTING PRECINCT NO. 4 Judge: V. R. Plummer Mr. w. E. Inmon ¥r. w. P. Clement Alternate Presiding Judge: Mrs. V. R. Plummer,· VOTING PRECINCT NO. 5 Judge: Mrs. S. E. West Alternate Presiding Judge: Mrs. Oran Foote VOTING PRECINCT NO. 6 Judge: Wm. Goldstein Alternate Presiding Judge: N. P. Holmes VOTING PRECINCT NO. 7 Judge: L. H. Welsh Alternate Presiding Judge: Mrs. L. H. Welsh VOTING PRECINCT NO. 8 Judge: A. C. Bowden Alternate Presiding Judge: Mrs. A. C. Bowden VOTING PRECINCT NO. 9 Judge: H. D. White Alternate Presiding Judge: Mrs. C. L. Dickson VOTING PRECINCT NO. 10 Judge: G. A. Barnett Altetnate Presiding Judge: M. D. Temple VOTING PRECINCT NO. 11 Judge: Mrs. J. M. Griggs Alternate Presiding Judge: Mrs. S. M. Davenport VOTING PRECINCT NO. 12 Judge: Mrs. Earl Stalnaker Alternate Presiding Judge: Lt. J. E. Gray VOTING PRECINCT NO. 13 Judge: Mrs. Homer Roper Alternate Presiding Judge: Mrs. Robert Newell VOTING PRECINCT NO. 14 Judge: James M. Gerdeman Alternate Presiding Judge: Mrs. J. Worth (Dennio) Fullingim It is provided that each official herein designated as the Alternate Presiding Judge shall act as the presiding Judge and is hereby authorized to perform the duties of the presiding Judge in the event of absence of that official hereby appointed pre- siding Judge for the precinct as hereinabove designated. It is further provided that the maximum number of clerks which may be appointed to serve in each precinct shall not be in excess of six (6) persons and the presiding judge for each precinct shall appoint two (2) clerks and as many additional clerks within the authorized limit as may be deemed necessary for the proper conduct of this election. SECTION 4. THAT said election shall be held under the provisions of the Statutes of the State of Texas and the Charter of the City of Lubbock, and all persons qualified to vote in said City under the Election Laws of the State of Texas shall be allowed to vote therein. Said Special Election shall be held and the polls shall be opened from 7:00 A.M. to 7:00 P.M., and all electors shall vote in the voting precinct of their residence. SECTION 5. THAT Amendments 1 through 7 shall be on one ballot the form of which shall be substantially as follows: No. --~~~--------------------Official Ballot Special Charter Amendment Election City of Lubbock, Texas January 7, 1964 No·--~~------~----------------Special Charter Amendment Election January 7, 1964 Note: Voter• s signature to be affixed on reverse side. rr()tructions to Voter: To indicate your desire to vote for the adoption of a proposed amendment allow the word "YES" to remain on the ballot by marking over the wortl uNO" with respect to each proposed amendment which you desire to be adopted. To indicate your desire to vote against the adoption of a proposed amendment allow the word "NO" to remain on the ballot by marking over the word "YES" with respect to each proposed amendment which you desire to be rejected. Your vote on each pro- posed amendment must be so indicated in this manner. AMENDMENT NO. 1 Do you vote to amend the present City Charter of the City of Lubbock~ Texas by repealing Section 2, Article III, Chapter 1 relating to the Mayor or Commissioner Number One, Commissioner Number Two, Commissioner Number Three or Commissioner Number Four in the order named acting as Judge or Recorder of the Corporation Court in case of absence or disqualification of the regular or acting judge or recorder. Yes: No: AMENDMENT NO. 2 Do you vote to amend the present City Charter of the City of Lubbock, Texas by repealing Section 2, Article VII of Chapter 1 which provides that the City shall have the right to levy and collect an annual poll tax not exceeding $1. 00 per year upon all male inhabitants between the ages 21 and 60. Yes: No: AMENDMENT NO. 3 Do you vote to amend the present City Charter of the City of Lubbock, Texas by amending and changing Section 7, Article VII of Chapter 1 relating to the control and management of the finances of the City of Lubbock to provide that such control and management be under the direction of the duly elected governing body. Yes: No: AMENDMENT NO. 4 Do you vote to amend the present City Charter of the City of Lubbock, Texas by amending Article IX, Chapter 1 by adding a new and additional section which requires that at every election to fill the elective offices of the City of Lubbock that the election to each office shall be by a majority of the votes cast for such office at such election and requiring a run-off in the event no candidate receives a majority of all the votes cast for such office at such election. Yes: No: AMENDMENT NO. 5 Do you vote to amend the present City Charter of the City of Lubbock, Texas by amending Section 24, Article IX~ Chapter 1 which relates to the issuance of time warrants issued by the City Commission to provide that the City Commission may issue time warrants not to exceed the amount now or which may be hereafter allowed by law. Yes: No: AMENDMENT NO. 6 Do you vote to amend the present City Charter of the City of Lubbock~ Texas by amending and changing Sections 1; 2~ 3, 4 and 5, Article X~ Chapter·! of the Charter of the City of Lubbock relating to the appointment of the City Manager, his compensation and tenure of office, powers and duties as City· Manager by adding new and additional Sections 1, 2~ 3~ 4, 5; 6 and 7 to Article X, Chapter 1 to provide that the City Manager be appointed by the governing body of the City of Lubbock who shall fix his salary and designate his tenure of office and making the City Manager the chief adminis- trative officer of the City Government, more specifically defining his responsi-· bilities and duties to the governing body for proper administration of affairs of the City under his control by terms of the Charter of the City of Lubbock or by the governing body of the City of Lubbock requiring that an Acting City Manager be named by him or the governing body in the event of his absence or temporary disability to serve as City Manager and enumerating the responsibilities between the City Manager and the governing body of the City concerning administrative personnel of the City of Lubbock, and further~ prohibiting the appointment by the City Manager of persons within certain degrees of relationship. Yes: No: AMENDMENT NO. 7 Do you vote to amend the present City Charter of the City of Lubbock, Texas by amending such Charter relating to the change of the words "City Commission"~ "Commission~~ .. ; '~Commissioner", "Commissioners", to provide that the words "City Co~.mcil", "Council", ncouncilman11 and 11 Council- men" be substituted and read in lieu of the words "City Commissionu, "Commission", uCommissioners11, .,Commissioner", and further providing that the term "Councilmen" and 11Councilman" shall include females who shall be known as "Councilwomen" and "Councilwoman". Yes: No·· SECTION 6. THAT pursuant to Section 1, Article 1170, Revised Civil Statutes of Texas, 1925, as amended by the 57th Legislature of the State of Texas and as directed herein notice of the election herein ordered shall be given by publication of this Ordinance in some newspaper of general circulation published in the City of Lubbock and the City Secretary-Treasurer is hereby directed and authorized to cause to be published, in such newspaper this Ordinance on the same day in each of two (2) successive weeks; the date of the first publication to be not less than fourteen (14) days prior to January 7, 1964; the date set for said Special Election as herein ordered and provided for. SECTION 7. The Chief of Police is hereby directed to post a properly executed copy of this Ordinance as notice of election at the polling places herein- above designated in Section 2 hereof at least twenty ( 20) days before said Election date and the officer posting notices shall make due return showing such posting in accordance with this order. The City Secretary-Treasurer shall serve a duly certified copy of this Ordinance ordering and calling the Special Election herein provided for upon each of the Election Judges and Alternate Presiding Judges named herein. Such service shall be made by registered mail addressed to each official within twenty (20) days from the date of passage of this Ordinance. SECTION 8. This Ordinance shall take effect and be in full force immediately from and after its approval and passage. AND IT IS SO ORDERED. Passed by the Commission on first reading this 14th day of November 1 1963. Passed by the Commission on second reading this 26th day of November , 1963. ATTEST: -Treasurer