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HomeMy WebLinkAboutOrdinance - 5176-1966 - Special Election 24 Jan 1967. - 12/23/1966... ~-. ' . -. L;.LTY • S ORIGINAL 1'2-23-lejULP 12-21-f-\GiUU .ORDINANCE NO. _..,::;5.::.17~6:,....,.. __ _ AN ORDINANCE ORDERING A SPECIAL ELECTION OF THE CITY OF LUBBOCK TO B.E HELD ON THE 24THDAY OF JANUARY, 1967, FOR THE PURPOSE OF SUB- MITTING TO THE QUALIFIED VOTERS OF THE CITY OF LUBBOCK FOR ADOPT- . ION OR REJECTION PROPOSED AMENDMENTS TO THE EXISTING CHART ER OF THE CITY OF LUBBOCK: PROVIDING FOR PUBLICATION OF NOTICE OF .ELECT- ION IN NEWSPAPER OF GENERAL CIRCULATION TO BE _PUBLISHED IN THE CITY OF LUBBOCK ON THE SAME DAY IN EACH OF TWO SUCCESSIVE WEEKS; PROVIDING FOR BALLOTS; DESIGNATING THE PLACES AT WHICH SAID ELECT- ION WILL BE HELD AND APPOINTING PRESIDING OFFICERS THEREOF. WHEREAS, the Charter of the City of Lubbock has not been altered, changed or amended in two years prior to the 24th day of January, 1967, and; WHEREAS, the City Council 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 of such amendments, to be held on the 24th day of January, 1967, at the places hereafter designated; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:- SECTION 1. THAT a speci"al election be and is hereby ordered to be held on the 24th day of January, 1967, for the purpose of submitting to the qualifie_d voters of the City of Lubbock for adoption or rejection, the following proposed am.endments to the existing Charter of the City of Lubbock: AMENDMENT NO. 1 Sections 1 and 3, Article 1, Chapter III of the Charter of the City of Lubbock, which now reads as follows: 11Section 1. Board of City Development. The Commission shall appoint what shall be known and designated as a 'Board of City Development' which shall be composed of 15 members who shall serve without compensation, and may prescribe the qualifications and duties of such board and shall annually appropriate one-half mill on the one dollar valuation of the taxable property in the City of Lubbock from the General Fund of said City to support the work of such board and annually levy a tax sufficient to raise such amount. '' 11Section 3. The appropriation for support of said Board of City Development plans shall be paid to said Board each month in pay- ments of 1 / 12 as nearly as practical. '1 -1 - BE amended to read hereafter as follows: 11Section 1. Board of City Development. The Council shall appoint what shall be known and designated as a 'Board of City Development,' which shall be composed of 15 members who shall serve without compensation, and may prescribe the quali- fications and duties of such Board. 11 · And that Section 3 BE and the same is hereby repealed. AMENDMENT NO. 2. That Section 3, Chapter 1, Article I, of the Charter of the City of Lubbock, Texas, which now reads as follows: 11The limits of said corporation may be. hereafter extended by adding additional territory to the same whenever.the majority of the qualified electors of said territory shall indicate a desire to be included within the limits of said corporation in the manner provided in Article 781, Chapter 1, Title 22, of the Revised Civil Statutes of the State of Texas." BE amended to read hereafter as follows, to-wit: "The limits of said Corporation may be hereafter extended by adding additional territory to the same in the manner provided in the Municipal Annexation Act. 11 And that Section 3a, Chapter 1, Article I, of the Charter of the City of Lubbock, Texas, which now reads as follows: 11Section 3a. The City Commission shall have power by ordin·ance to fix the boundary limits of the City of Lubbock; and to provide •for the alteration and the extension of said boundary limits, and the annexation of additional territory lying adjacent to the City, with or without the consent of the territory and inhabitants annexed. That upon the introduction of any such ordinance in the City Com- mission, it shall be published in the form in which it may be finally passed, in a daily newspaper published in the City of Lubbock, at least one time, and said ordinance shall not there- after be finally acted upon until at least thirty (30) days have 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 addi- tional territory has been so annexed, same shall be a part of the City of Lubbock, and the property situated therein shall bear its pro rata part of the taxes levied by the City of Lubbock, and the inhabitants thereof shall be entitled to all the rights and pri- vileges of all the citizens, and shall be bound by the acts, ordi- nances, resolutions and regulations of the City. Provided the provisions of this section shall be cumulative of all other provi- -?. ..: ... · .- sions relating to the extension of boundary limits of the City of Lubbock and annexation of territory 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. 11 BE and the same is hereafter repealed. AMENDMENT NO. 3. That Section 9, Chapter 1, Article II, of the Charter of the City of Lubbock, Texas, which now reads as follows: · "Section 9. Said City shall have the right of eminent domain and the power to appro priate private property for public purposes whenever the governing authorities deem it necessary; and to take any private property, within or without the city limits, for any of the following purposes, to-wit: City Halls, Fire Stations, Police Stations, Jails, Calaboose, Fire Alarm Systems, Libra- ries, Hospitals, Sanitariums, Auditoriums, Market Houses, Reformatories, Abattoirs, Streets, Alleys, Parks, Highways, Play Grounds, Sewer Systems, Storm Sewers, Sewage Disposal Plants, Filtering Beds and Emptying Grounds for Sewer Systems, Drainage, Water Supply Sources, Wells, Water and Electric Light and Power Systems, Street Car Systems, Telephone and Telegraph Systems, Gas Plants or Gas Systems, Cemeteries, Crematories, Prison Farms, Rest Houses, and to acquire lands, within or without the City, for any other municipal purpose that may be deemed advisable. The power herein granted for the purpose of acquiring private property shall include the power of improvements and enlargements of waterworks, including water supply, riparian rights, standpipes, watersheds, and the construction of supply reservoirs. In all cases wherein the City exercises the power of eminent domain, it shall be con- trolled as nearly as practicable by the laws governing the con- demnation of property by railroad corporations in the State; the City taking the position of the railroad corporation in such case. The power of eminent domain hereby conferred shall include the right of the governing authorities, when so expressed, to take the fee in the l and so condemne d, and such power and authority shall include the right to condemn public property for such purposes. 11 BE amended to read hereafter as follows, to-wit: - 3 - 11Said City shall have the right of eminent domain and the power to appropriate private property for public purposes whenever the gov- erning body deem s it necessary; and to take any private property, within or without _the City limits for any of the following purposes, to-wit: City halls, fire stations, police stations, jails, calaboose, fire alarm systems, libraries, hospitals, sanitariums, auditoriums, market houses, reformatories, abattoirs, streets, alleys, parks, highways, boulevards, speedways, playgrounds, sewer systems, storm sewers, sewage disposal plants, filtering beds and emptying grounds for sewage systems, drainage water supply systems, wells, water and electrical light power systems, street car systems, telephone and telegraph systems, gas plants, gas systems, cemeteries, crematories, prison farms, rest houses, and to acquire lands within or without the City for any other municipa l purpose that may be deemed advisable. The power herein granted for the purpose of acquiring private property shall include the right of improve ment and enlargement of water works,includ- ing water supply, riparian rights, standpipes, water sheds and the con- struction of supply reservoirs, parks and squares, and for the purpose of straightening, widening or extension of any street, alley, avenue or boulevard. In all cases whe rein the City exercises its powers of eminent domain, it shall be controlled by the laws applicable to Home Rule Cities. The power of eminent domain hereby conferred shall include· the right of the governing authority, when so expressed, to take the fee J/k. ~H~ land so condemned, and such power and authority shall include the right to condemn public property for such purposes. 11 AMENDMENT NO. 4 That Chapter 1, Article 3, of the Charter of the City of Lubbock, Texas, be amended by the addition of a Section 2 which shall hereafter read as follows, to-wit: · 11There shall be a clerk or clerks of said Court, with such deputies as may be created or provided by Ordinance by the City Council. The Clerk or Clerks of said Court and the deputies thereof, shall have the power to administer oaths and affidavits, make certificates, affix the seal of said Court thereto, and generally to do and perform all things and acts usual or necessary to be performed by the Clerks of Courts in issuing process of said Courts and in conducting the business thereof. -4 - AMENDMENT NO. 5. That Section 7, Chapter 1, Article 9 of the Charter of the City of Lubbock, Texas, which now reads as follows: 11Section 7. The regular municipal election of the City of Lubbock shall be held on the first Tuesday in April in the year A. D. 1918, and on said day every two years thereafter.11 BE amended to read hereafter as follows, to-wit: 11The regular municipal election of the City of Lubbock shall be held in the month of April on every even numbered year on a day other than Sunday to be set by the City Council by Ordinance, but , in no event shall such day be later than the last Tuesday in April. " And that Section 8, Chapter 1, Article 9 of the Charter of the City of Lubbock, Texas, which now reads as follows, to-wit: 11Section 8. All elections provided for in this Charter except the regular election held on the first Tuesday in April, A. D. 1918, and on said day every two years thereafter, shall be called 1'Special Elections, 11 and all such elections shall be conducted and results canvassed and announced by the authorit_ies as prescribed in the General Election Laws of the State of Texas, and said General Election Laws shall control in all municipal elections, except as otherwise herein provided. '' BE amended to read hereafter as follows, to-wit: 11All elections provided for in this Charter except the regular election held in April of even numbered years, shall be called "Special Elections1', and all elections shall be conducted and results canvassed and announced by the authorities as prescri- bed in the general election laws of the State of Texas., and said General Election Laws shall control in all municipal elections, except as otherwise herein provided and as provided by Article 978a, V. A. T. S.11 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 pro- vided in Section 10-6 of the Code of Ordinances of the City of Lubbock as follows: -5 - VOTING PRECINCT NUMBER 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 VOTING PLACE Lubbock County Court Ho use (old) Carroll Thompson Junior High School J. T. Hutchinson Junior High School 0. L. Slaton Junior High School Chris Harwell School Ella Iles Elementary School Zenith Avenue Fire Station Sam Arnett School Central Fire Station Jackson Elementary School Matthews Junior High School Rush Elementary School Lou Stubbs Elementary School Maedgen Elementary School Wheelock Elementary School Parsons Elementary School P. F. Brown Elementary School Atkins Junior High School SECTION 3. 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: William Goldstein Assistant Judge: Linnie Dearman Voting Precinct No. 2 Judge: Mrs. J. D. McGinnis Assistant Judge: Mrs. L. P. Rheud.asil Voting Precinct No. 3 Judge: W. E. Inmon Assistant .[udge: Russell Bean Voting Precinct No. 4 Judge: Wyatt Hester Assistant Judge: Mrs. C, W. Ratliff Voting Precinct No. 5 Judge: Mrs. s. E. West Assistant Judge: Mrs. Oran Foote -6 - . -, .. Voting Precinct No. 6 Judge.: N. P. Holmes Assistant Judge Mrs. Justyne Morton Voting Precinct No. 7 Judge: L. H. Welch Assistant Judge: Mrs. L. H. Welch Voting Precinct No. 8 Judge; C. A. Oldham Assistant Judge: Mrs. c. A. Oldham Voting Precinct No. 9 Judge: A. C. Bowden Assistant Judge: Mrs. A. C. Bowden Voting Precinct No. 10 Judge: H. D. White Assistant Judge: Mrs. c. L. Dickson Voting Precinct No. 11 Judge: E. A. Box Assistant Judge; Mrs. F. J. Striker Voting Precinct No. 12 Judge: Hrs, J. Collier Adams Assistant Judge: Mrs. John A. Anderson Voting Precinct No. 13 Judge: Mrs. J. M. Griggs .Assist ant Judge: Mrs. Lewis McKinley Voting Precinct No. 14 Judge: James Sharp Assistant Judge: M;:s. Allen Todd Voting Precinct No. 15 Judge: Mrs. Homer Roper Assistant Judge: Mrs. Robert Newe 11 Voting Precinct No. 16 Judge: James M. Gerdeman Assistant Judge: Hrs. Dennis Full ingim Voting Precinct No. 17 Judge: Mrs. Russell Tarrance Assistant Judge Hrs. Eugene Guyer Voting Precinct No. 18 Judge: Mrs. Earl Stalnaker Assistant Judge: Mrs. Don Hclllturff - 7 - , ... ' # I It is provided that each official herein designated as the Assistant Judge shall act as the presiding judge and is hereby authorized to perform the duties of the pre- siding judge in the event of absence of that official hereby appointed presiding 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 6 persons and the presiding judge for c:ach precinct shall appoint two clerks and as many additional clerks within the authorized limits as may be deemed necess- ary within 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 per- sons 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 open 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 -5 shall be on one ballot, the form of which shall be substantially as follows: NO. NO. -------------Official Ballot Special Charter Amendment Election . City of Lubbock, Texas Date Instructions to voter: Special Charter Amendment Election Date Note: Voter's signature to be affixed on reverse side. To indicate your desire to vote for the adoption of a proposed amendment, allow the word 11YES11 to remain on the ballot by marking over the word 11N011 with respect to each proposed amendment which you desire to be adopted. To indicate your desire to vote against the adoption of a proposed amend- mend allow the word "NO'' to remain on the ballot by marking over the word 11YES11 with respect to each proposed amendment which you desire to be rejected. Your vote on each proposed amendment must be so indicated in this manner. AMENDMENT NO. I Do you vote to amend the present City Charter of the City of Lubbock, Texas by eliminating altogether the annual appropriation for support of the Board of City Development? YES NO - 8 - .. . ,. AMENDMENT NO. 2 Do you vote to amend the present City Charter of the City of Lubbock, Texas, by repealing Section 3a, Chapter 1, Article 1 and amending Section 3, Chapter 1, Article 1 so as to allow annexation by the City in the manner pro- vided by the Municipal Annexation Act of the State of Texas? 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 9, Chapter 1, Article 2 relating to the purposes for which the power of eminent domain may be exercised and the procedure to be follow cd therein? YES NO AMENDMENT NO. 4 Do you vote to amend the present City Charter of the City of Lubbock, Texas, by amending Chapter 1, Article 3 so as to add a Section 2 creating a clerk or ·clerks in the Corporation Court? YES NO AMENDMENT NO. 5 Do you vote to amend the present City Charter of the City of Lubbock, Texas, by amending Section 7, Chapter 1, Article 9 and Section 8, C~apter 1, Article 9 so as to allow the City Council to hold municipal elections in April of even numbered years? YES NO SECTION 6" Notice of the election herein ordered shall be given by publi- cation of this ordinance in some newspaper in 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 successive weeks, the date of the first publi- cation being not less than fourteen (14) days prior to January 24, 1967, the date set for said special election as herein ordered and provided for. 9 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 here- inabove 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 ordi- nance ordering and calling the special election hereinabove provided for upon each of the election judges and assistant judges named herein. Such service shall be made by registered mail addressed to each individual 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 City Council on first reading this 23rd day of December Passed by the City Council on second reading this 24th day of December ATTEST: APPROVED: , 196_§_. , 1966