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HomeMy WebLinkAboutOrdinance - 9175-1988 - Submission To Qualified Voters Of City Of Lubbock - 02/11/1988DGV:da First Reading February 11, 1988 Agenda Item #28 Second Reading February 25, 1988 Agenda Item #ll ORDINANCE NO. 9175 AN ORDINANCE CALLING FOR SUBMISSION TO THE QUALIFIED VOTERS OF THE CITY OF LUBBOCK, TEXAS, FOR ADOPTION OR REJECTION, THE FOLLOWING AMENDMENTS TO THE EXISTING CHARTER OF THE CITY OF LUBBOCK: 1. AN AMENDMENT TO THOSE SECTIONS OF THE CHARTER REQUIRING AMENDMENT TO CONFORM WITH JUDICIAL DECISION UNDER THE VOTING RIGHTS ACT BY EXPANDING THE COUNCIL TO SEVEN (7) MEMBERS; MAYOR TO BE ELECTED AT LARGE AND COUNCILMEMBERS TO BE ELECTED FROM SINGLE-MEMBER DIS-TRICTS; PROVIDING A TWO (2) YEAR TERM FOR MAYOR AND STAGGERED FOUR (4) YEAR TERMS FOR COUNCILMEMBERS; PROVIDING FOR ELECTION OF A MAYOR PRO TEM BY THE CITY COUNCIL; DEFINING A QUORUM AS FOUR (4) MEMBERS AND RE-QUIRING THE AFFIRMATIVE VOTE OF FOUR (4) MEMBERS TO ADOPT OR REPEAL ORDINANCES OR RESOLUTIONS; AND PROVIDING PROCEDURES FOR COUNCIL VOTING AND VOTE RECORDATION. 2. AN AMENDMENT TO THOSE SECTIONS OF THE CHARTER REQUIRING AMENDMENT TO CONFORM TO CHANGES IN THE TEXAS ELECTION CODE; SETTING THE DATES FOR THE REGULAR MUNICIPAL ELECTION, CANVASS OF VOTES, AND RUN-OFF ELECTION; REQUIRING A $100.00 FILING FEE OF All MUNICIPAL CAN- DIDATES OR A PETITION IN LIEU THEREOF; PROVIDING PROCEDURES FOR RECALL OF OFFICIALS BY DISTRICTS; REQUIRING CONFORMITY TO STATE LAW IN PETI- TIONS FOR INITIATIVE, REFERENDUM AND RECALL; PROVIDING TIME FOR CAN- VASS OF VOTES AND TO DECLARE RESULTS; AND ELIMINATING USE OF INITIA- TIVE AND REFERENDUM WHERE AN ELECTION IS OTHERWISE PROVIDED BY LAW. 3. AN AMENDMENT TO THOSE SECTIONS OF THE CHARTER SPECIFYING INTEREST RATE LIMITATIONS WITH REGARD TO BONDS, PAVING ASSESSMENTS AND PUBLIC WORKS IMPROVEMENT ASSESSMENTS TO ALLOW SUCH INTEREST RATES AS ARE PROVIDED BY STATE LAW. 4. AN AMENDMENT TO THE CHARTER TO INCREASE THE COMPENSATION OF THE MAYOR FROM $75.00 PER MONTH TO $400.00 PER MONTH AND TO IN- CREASE THE COMPENSATION FOR COUNCILMEMBERS FROM $25.00 PER MONTH TO $200.00 PER MONTH. 5. AN AMENDMENT TO CONFORM THE CHARTER TO STATE LAW PROVI- SIONS REQUIRING COMPETITIVE BIDDING PROCEDURES FOR EXPENDITURES EX-CEEDING THE AMOUNT ESTABLISHED BY STATE LAW. 6. AN AMENDMENT TO CONFORM THE CHARTER TO JUDICIAL DECISION THAT NOTICE OF CLAIMS MUST BE FILED WITHIN SIX (6) MONTHS RATHER THAN THIRTY (30) DAYS AFTER THE TIME SUCH CLAIM AROSE. 7. AN AMENDMENT TO PROVIDE THAT THE CITY COUNCIL MAY APPOINT MEMBERS OF CITY BOARDS AND COMMISSIONS FOR TERMS OF OFFICE OF UP TO FOUR YEARS IN LENGTH. 8. AN AMENDMENT TO CONFORM THE CHARTER TO COMPLY WITH THE TEXAS PROPERTY TAX CODE AND OTHER STATE LAWS WITH REGARD TO TAXATION PROCEDURES; AND ELIMINATING OR CHANGING REFERENCES TO AN ASSESSOR-COLLECTOR OF TAXES; AND TRANSFERRING ANY REMAINING DUTIES OF SUCH OFFICE TO THE CITY MANAGER OR HIS DESIGNEE. 9. AN AMENDMENT CONFORMING THE CHARTER TO THE STATE GOVERN-MENT CODE WITH RESPECT TO THE MUNICIPAL COURT OF RECORD; AND CHANGING All REFERENCES TO A CORPORATION COURT TO MUNICIPAL COURT OF RECORD; AND CONFORMING PENALTIES PERMISSIBLE IN SUCH COURT TO SUCH PENALTIES AS ARE PERMITTED BY STATE LAW. 10. AN AMENDMENT CORRECTING OR ELIMINATING MINOR INOPERATIVE PROVISIONS AND TYPOGRAPHICAL ERRORS. 11. AN AMENDMENT TO PROVIDE FOR DISQUALIFICATION OF MEMBERS OF THE CITY COUNCIL AND THE ELECTRIC UTILITY BOARD OWNING A SUBSTANTIAL INTEREST AS DEFINED BY STATE LAW IN PUBLIC UTILITY OPERATING WITHIN THE CITY OF LUBBOCK. MAKING PROVISION FOR CONDUCT OF THE ELECTION ACCORDING TO APPLICABLE PROVISIONS OF LAW; PROVIDING FOR NOTICE OF THIS ELECTION BY PUBLICATION OF THIS ORDINANCE; PROVIDING FOR EXECUTION OF AN. APPROPRIATE ELECTION ORDER HEREAFTER; AND OTHER PROVISIONS INCIDENT AND RELATED TO THE PURPOSE HEREOF; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT an election be held on the 7th day of May, 1988, which date is the first authorized uniform election date that is more than thirty (30) days after final passage of this Ordinance, at which election the following propositions to adopt or reject amend- ments to the existing Charter of the City of lubbock shall be submit- ted to the qualified voters for adoption or rejection: PROPOSITION NO. 1 SHALL the Charter of the City of lubbock as to the City Council be amended as appropriate to comply with judicial decision under the Voting Rights Act, by expanding the City Council to seven (7) members; Mayor to be elected at large and each of six (6) Councilmembers elected from single-member districts; providing a two (2) year term for Mayor and staggered four (4) year terms for Councilmembers; pro- -2- viding for the election of a Mayor pro tempore by the City Council; defining a quorum as four (4) members and requiring an affirmative vote of four (4) members to adopt or repeal ordinances or resolutions, and providing procedures for Council voting and vote recordation? In the event of approval of such proposition the following changes shall be made to the Charter of the City of lubbock: Chapter 1, Art. IX, §1. Chapter 1, Art. IX, §2. Chapter 1, Art. IX, §4. Chapter 1, Art. IX, §5. -3- Delete the current section text and substitute therefor the fol- lowing text, "The Municipal Gov- ernment of the City of lubbock shall consist of the City Council, which shall be composed of a Mayor and six (6) Councilmembers." Delete the current section text and substitute therefor the fol- lowing text, "The Mayor shall serve for a term of two (2) years, and each Councilmember shall serve for a term of four (4) years, and until their successors are elected or qualified, unless sooner re- moved from office as herein pro- vided. Initial terms for Coun- cilmembers from Districts 1, 3 and 5 shall be two (2) years, commenc- ing in 1984, and four (4) years thereafter." Delete the first sentence and sub- stitute therefor the following text, " The Mayor and each Coun- cilmember shall be a resident cit- izen of the City of lubbock and have the qualifications of elec- tors therein. The Mayor and all Councilmembers shall be bona fide residents within the City and within the applicable District at the time of filing for office and must continue to reside within the City and the applicable District during the term of office." Delete the first paragraph of the current section and substitute Chapter 1, Art. IX, §12. Chapter 1, Art. IX, §15. -4- therefor the following, "The Coun- cilmembers other than the Mayor shall be elected from geographical districts and shall be designated Councilmember, Districts 1 through 6, each of whom shall be elected to the office sought by a majority of the qualified voters of the ap- propriate District; and the City Council shall be the judge of the election and qualifications of its members. Councilmember Districts shall contain such City Voting Precincts as are assigned to such Districts by Ordinance enacted by the City Council." Delete the current section text and substitute therefor the fol- lowing, "The members of the City Council shall elect a Mayor pro tempore from among its members and such election shall be held at the first regular meeting of the City Council after newly elected mem- bers have qualified and taken their seats on the City Council following a regular municipal election. In the absence or dis- qualification of the Mayor and the Mayor pro tempore, then the posi- tion of Mayor pro tempore shall be occupied by the Councilmember hav- ing the most seniority in service on the City Councilr11 Delete the first paragraph of the section and substitute therefor the following, "Any four {4} Coun- cilmembers shall constitute a quo- rum for the transaction of any business, and the affirmative vote of any four (4} Councilmembers shall be sufficient and necessary to adopt or repeal any ordinance or resolution. The vote upon pas- sage or repeal of any ordinance or resolution shall be taken by "Yea" and "Nay" vote, and entered upon the journal. All members of the Council shall vote upon every question, ordinance or resolution, provided that not more than one (I) Councilmember may be excused from voting by a vote of the other six (6) members, which shall be entered upon the journal. Any Councilmember refusing to vote un- less so excused shall be entered on the journal as voting in the affirmative. n PROPOSITION NO. 2 SHALL the Charter of the City of Lubbock as to election proce- dures be modified as allowed or required by the Texas Election Code, setting the dates for the regular municipal election canvass of votes, and run-off election; requiring from all municipal candidates a $IOO.OO filing fee or a petition in lieu thereof; providing the con- tents of such petition; providing procedures for recall of officials by districts; requiring conformity to State law of petitions for ini- tiative, referendum and recall; providing time for canvass of votes and to declare results; and eliminating use of initiative and referen- dum where an election is otherwise provided by State law? In the event of approval of such proposition the following changes shall be made to the Charter of the City of lubbock: Chapter I, Art. IV, §I. -5- Add to the first sentence of the paragraph entitled, "Petition; signatures; affidavit,: the words "and, in addition, such other in- formation as may be required by State law, such as a printed name, voter registration number and date of signing." Add a new paragraph thereto reading: "Election provjded by State law. In the event that a referendum is provided by State law upon some matter, such as, but not limited to, the issuance of revenue bonds, such law shall supersede the pro- visions of this Charter pertaining Chapter I, Art. IV, §2. Chapter I, Art. IV, §2. Chapter 1, Art. IX, §5. -6- to initiative and referendum and the Charter's provisions shall not be effective." Remove the second sentence in the paragraph 11 Petition for recall" and substitute therefor the fol- lowing sentence, "Such petition for the recall of any elective of- ficer or officers shall be signed by at least thirty percent (3~~) of the qualified voters of the of- ficer's elective District, to be determined by the number of votes cast in the District at the last regular municipal election; at least one-tenth (I/IO) of those signing the petition shall certify that at the election at which the officer or officers was or were elected, they voted for the elec- tion of such officer or officers proposed to be recalled. 0 The district of the Mayor and Munici- pal Judge, for the purpose of this section, shall be the City at large ... Add to the first sentence of the paragraph entitled, 11Signatures on petitions, .. the words "and, in ad- dition, such other information as may be required by State law, such as a printed name, voter registra- tion number and date of signing." Delete the paragraph entitled, "Candidates, official ballot, .. and substitute therefor the following: 11 Candidates; official ballot; fil- ing fee; petition. Each candidate for City elective office shall re-quest in writing to have his or her name placed upon the official ballot, which request shall be filed along with the appropriate filing fee or a Petition for Can- Chapter 1, Art. IX, §6. Chapter 1, Art. IX, §6A. -7- didacy in accordance with the State Election Code with the per- son exercising the duties of City Secretary at least forty-five (45) days before the upcoming election, unless another filing period is specified by the State Election Code. Candidates for Councilmem- ber shall indicate upon their written request in which district they are seeking election. The filing fee shall be one hundred dollars ($100.00) for all posi- tions or a Petition for Candidacy in lieu of a filing fee which shall be signed by not less than twenty-five (25) qualified voters in the applicable district or one- half of one percent of the total vote received in the district from which the office is elected by all candidates for mayor in the most recent mayoral election whichever is greater. The district of the Mayor and Municipal Judge, for the purpose of this section, shall be the City at large." Delete the words "and in any event within five (5) days" and substi-tute therefor the words wand in any event not earlier than the second or later than the sixth day." Delete the words "shall be held on the fourth Tuesday following the preceding election" and "in any event within five (5) days," and substituted for each respective phrase "shall be held not earlier than the 20th day or later than the 30th day after the date of the canvass of election returns for the main election, except that following the regular municipal election in May the run•off elec- tion shall be held on the last Chapter 1, Art. IX, §7. Saturday in May, unless another day is stated in the order calling the run-off election11 and "in any event not earlier than the second day or later than the sixth day." This section shall be amended to read as follows: "Sec. 7. Election day. The regular municipal elec- tion for the election of municipal officers of the City of Lubbock shall be held on the first Satur- day of May of every even numbered year or in accordance with the ap- plicable provisions of the State Election Code. PROPOSITION NO. 3 SHALL the Charter of the City of Lubbock be amended to limit in- terest rates on bonds, paving assessments and public works improvement assessments to such interest rates as are permitted by the laws of the State of Texas? In the event of approval of such proposition the following changes shall be made to the Charter of the City of Lubbock: Chapter 1, Art. II, §15. Chapter 1, Art. II, §19. -8- Delete from Paragraph (a), Sub- paragraph "Terms of Payment," the words "at any rate not exceeding eight percent (8%) per annum" and substitute the words "at any rate permitted by the laws of the State of Texas." Delete the words nat the rate not exceeding eight percent (8%) per annumn and substitute therefor the words "at any rate permitted by the laws of the State of Texas.11 Chapter 1, Art. VIII, §1. Delete the words "to bear interest not to exceed six percent (6%) per annum, payable annually or semi- annually." PROPOSITION NO. 4 SHALL the Charter of the City of lubbock be amended to increase the compensation of the Mayor from $75.00 per month to $400.00 per month and of Councilmembers from $25.00 per month to $200.00 per month? In the event of approval of such proposition the following change shall be made to the Charter of the City of lubbock: Chapter 1, Art. IX, §14. In the first sentence, change the words "$900.00 (Nine Hundred) per annum" to "Four Hundred Dollars ($400.00) per month" and change the words $300.00 (Three Hundred) per annum" to "Two Hundred Dollars ($200.00) per month." PROPOSITION NO. 5 SHALL the Charter of the City of lubbock be amended to require competitive bidding procedures for expenditures exceeding the amount established by State law? In the event of approval of such proposition the following change shall be made to the Charter of the City of lubbock: Chapter 1, Art. IX, §27. Delete the words "Two Thousand Dollars ($2,000.00)" and at each place substitute therefor the words "the minimum dollar amount requiring competitive bids by State law." PROPOSITION NO. 6 SHALL the Charter of the City of lubbock be modified as to con-form with judicial decisions so that notice of claims against the City· must be filed within six (6) months rather than thirty (30) days of the time such cause of action arose? -9- In the event of approval of such proposition the following change shall be made to the Charter of the City of lubbock: Chapter 1, Art. II, §8. Remove the words "within 30 days" and substitute therefor the words "within six (6) months." PROPOSITION NO. 7 SHALL the Charter of the City of Lubbock be amended to provide that the City Council may appoint members of City Boards and Commis- sions for terms of office up to four (4) years? In the event of approval of such proposition the following change shall be made to the Charter of the City of Lubbock: Chapter 1, Art. IX, §10. Add the following sentence, "The City Council may appoint members of City Boards and Commissions for terms of office up to four (4) years in length." PROPOSITION NO. 8 SHALL the Charter of the City of Lubbock be modified as to taxa- tion procedures as necessitated by State law, to require taxation and finance procedures to comply with the Texas Property Tax Code and other applicable laws eliminating or changing reference to Assessor- Collector of taxes, and transferring any remaining duties of the dis- continued office to the City Manager or his designee? In the event of approval of such proposition the following changes shall be made to the Charter of the City of Lubbock: Chapter 1, Art. VI. Chapter 1, Art. VII. -10- Change all reference therein to "Assessor and Collector of Taxes," "Assessor and Collector" and "City Assessor and Collector" to "City Manager or his designee." Except for Section 6 and the first paragraph of Section 7, which shall be renumbered respectively as Sections 1 and 2, delete all current provisions and add thereto a new Section 3, reading as fol- Chapter 1, Art. IX, §10. Chapter 1, Art. IX, §30. lows: "All procedures pertaining to taxation and finance shall be in accordance with provisions of the Texas Property Tax Code and other applicable State law, ordi- nances, resolutions and rules of the City Council." Remove the words "the City Tax Collector and Assessor." Delete the words "City Tax Collec- tor." PROPOSITION NO. 9 SHALL the Charter of the City of Lubbock be amended to require the Lubbock Municipal Court of Record to operate in conformance with the State Government Code and all other applicable ordinances, resolu- tions and rules; changing all references to "corporation court" to "municipal court of record;" and increasing the current fines on penal ordinances so as not to exceed the maximum fine permitted by State law? In the event of approval of such proposition the following changes shall be made to the Charter of the City of Lubbock: Chapter 1. (Entire Chapter). Chapter 1, Art. II, §23. Chapter 1, Art. III. (Judicial). -11- Change all references to "corpora- tion court" to "municipal court of record." Delete from the paragraph entitled "Penal Ordinances; penalty" the words "not to exceed two hundred ($200.00) Dollars" and substitute therefor the words "not to exceed the maximum fine permitted by ap- plicable State law." Delete all current sections and substitute therefor the following sentence, "The governing body of the City of Lubbock may by ordi- nance establish the City's exist- ing municipal courts as municipal courts of record, which courts of record sha 11 operate .in conform- ance with all applicable laws, ordinances, resolutions and rules." PROPOSITION NO. 10 SHALL the Charter of the City of Lubbock be amended to correct or eliminate minor inoperative provisions such as, allowing plats to be filed with the City rather than the Mayor; deleting reference to City Marshal; deleting provisions regulating hours of labor now regulated by State and Federal law, and correcting clerical errors? In the event of approval of such proposition the following changes shall be made to the Charter of the City of Lubbock: Chapter 1, Art. I, §4. Chapter 1, Art. II, §18. (Franchise limitation) Chapter 1, Art. IV, §1. (Certificate of committee filing with secretary) Chapter 1, Art. IV, §2. (Recall petitions; dis- tribution, etc.) Chapter 1, Art. VI, §4. Chapter 1, Art. IX, §10. Chapter 1, Art. IX, §29. The word "Mayor" therein shall be changed to the words "City of Lubbock." Change "results" to "result." Change "their" to "its." Change "City Secreatary" to "City Secretary" and "suck" to "such." Change "their" to "its.n Remove the words "City Marshall." Remove Section 29 and renumber current Sections 30 and 31 as Sec- tions 29 and 30, respectively. PROPOSITION NO. 11 · SHALL the Charter of the City of Lubbock be amended to provide for the disqualification of members of the City Council and the Elec- tric Utility Board owning a substantial interest as defined by State law in a public utility or public service corporation within the City of Lubbock? -12- In the event of approval of such proposition the following change shall be made to the Charter of the City of Lubbock: Chapter 1, Art. IX, §4. Delete from the second sentence the words "nor shall either of them be the owner in any public service utility or public service corporation within the City, nor in the employ of any owner of stock in any public utility or public service corporation" and substitute therefor the following text, "nor shall any member of the City Council or the Electric Util- ity Board have a substantial in- terest in any public utility operating within the City of Lubbock, nor be in the employ of any person having a substantial interest in any public utility operating within the City of Lubbock. Substantial interest shall mean substantial interest as defined by the laws of the State of Texas regulating conflicts of interest of officers of municipalities." SECTION 2. THAT said election shall be held under the provi- sions of and in accordance with the Charter and ordinances of the City of Lubbock, insofar as the same may be applicable, and in accordance with the laws of the State of Texas, and the ballots for said election shall have printed thereon the propositions as stated in Section 1 of this Ordinance, and such propositions shall appear under the following information for voters: "Make a punch hole in the space provided beside the state- ment indicating the way you desire to vote." SECTION 3. THAT notice of this election shall be published in a newspaper of general circulation published in the community by publi- cation of this Ordinance in its entirety upon the same day in each of two successive weeks, with the first publication occurring before the 14th day before the date of the election. -13- SECTION 4. THAT the said election shall be conducted May 7, 1988, from the hours 7:00 a.m. to 7:00 p.m. Absentee voting shall be conducted at the City Secretary's office during normal working hours at the lubbock Municipal Building, 1625 13th Street. SECTION 5. THAT an electronic voting system, as the term is de- fined in the Texas Election Code, shall be utilized in connection with this election. SECTION 6. THAT polling places and election officials shall be as is set forth in an appropriate election order to be executed here- after by the Mayor of the City of lubbock. AND IT IS SO ORDERED. Passed by the City Council February , Passed by the City Council February on first reading this ___.1.,..1-:..th..,__ __ day of 1988. on second reading this 25th day of 1988. ~> '---~~2 Raile Boyd, City SecretaTY""' ~PPROVED AS TO CONTENT: ik <Ass Bob Cass, Deputy City Manager