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HomeMy WebLinkAboutOrdinance - 6998-1974 - Ordinance 7021 Amended By Ordinance 6998 - 11/13/1974' .A ,:_)v .,.K=J==:d=w~=========-===-----:------;:==============+= ORDINANCE NO. 7021 amended -ORDINANCE 6998 ORDINANCE NO. 6998 --"'-=--- AN ORDINANCE ORDERING A SPECIAL ELECTION IN THE CITY OF LUBBOCK TO BE HELD ON THE 15TH DAY OF JANUARY, 1975, 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 CIRCU- LATION 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 WIITCH SAID ELECTION WILL BE HELD AND APPOINTING PRESIDING OFFICERS THEREOF. WHEREAS, the Charter of the City of Lubbock has not been altered, ~hanged, or amended within the two (2) years prior to the 15th day of January, 1975, 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 15th day of January, 1975, at the places hereafter designated; NOW THEREFORE: BE IT ORDAINED ·BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT a Special Election be and is hereby ordered to be held on the 15th day of January, 1975, for the purpose of submitting to the qualified vote.rt s 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 1, Article IX, Chapter 1 of the Charter of the City of Lubbock, which now reads as follows: MUNICIPAL GOVERNMENT; GOVERNING BODY Section 1. The Municipal Government of the City of Lubbock shall consist of the City Council, which shall be composed of a Miyor and four (4) Councilmen. BE amended to read hereafter as follows: MUNICIPAL GOVERNMENT; GOVERNING BODY Section 1. The Municipal Government of the City of Lubbock shall consist of the City Council, which shall be composed of a Mayor and six (6) Councilmen. I ;_· ·r:dw / : . That Section 2, Article IX, Chapter I of the Charter of the City of Lubbock, .,vhich now reads as follows: . ..J u TERM OF OFFICE Section 2. The Mayor shall serve for a term of two years, and each councilman shall serve for a term of four years, and until their successors are elected and qualified, unless sooner removed from office as herein provided. Upon their qualifications after the first election after the adoption of this amendment the councilmen shall draw lots for the term of office, two of them shall draw for the term of two-years, and two of them shall draw for the te,rm of four years, those drawing for the two year term shall hold office for the said term of two years, and those drawing for the four year term shall hold office for said term of four years. BE amended to read as follows: TERM OF OFFICE Section 2. The Mayor shall serve for a term of two years, and each councilman shall serve for a term of four years, and until their successors are elected and qualified, unless sooner removed from office as herein provided. Councilmen No. 2, No, 4, No. 5 and No. 6 shall be elected at the first regular City Election after the adoption of this amendrrent. Councilman No. 5 shall serve an initial term of two years and Counciliren No, 2, No. 4, and No. 6 shall serve terms of four years; thereafter each and all councilmen shall serve terms as herein provided. That Section 5, Article IX, Chapter I of the Charter of the City of Lubbock, which now reads as follows: ELECTIONS--DESIGNATION OF COUNCILMEN Section 5, The elective officers of the City shall consist of a Mayor and four Councilmen; the Councilmen other than the Mayor to be designated as Councilman No, l; Councilman No, 2; Councilman No. 3; and Councilman No. 4; each of whom shall be elected to the office for which he is a candidate by the qualified 11:oters of the City at large, and the Council shall be the judge of the election and qualification of its ~mbers. -2- KJ:dw BE· amended to read as follows: ELECTIONS--DESIGNATION OF COUNCILMEN Section 5. The elective officers of the City shall consist of a Mayor and six Councilmen; the Councilmen other than the Mayor to be designated as Councilman No. l; Councilman No. 2; Councilman No. 3; Councilman No. 4; Councilman No, 5; and Councilman No, 6; each of whom shall be elected to the office for which he is a candidate by the qualified voters of the City at large, and the Council shall be the judge of the election and qualification of its members. ELECTIONS-.. GEOGRAPHICAL WARDS Councilmen in places 3, 5, and 6 must each reside in a geographical ward to be determined by dividing the City into three (3) essentially equal population areas. The population statistics to be used for this division will be those of the most recent United States Census (1970). The actual division and assignment of place nunbers to wards will be done by the City Council after approval of this amendment by the voters and after each official United States Census. That the third sub-section of Section 13, Article IX, Chapter 1 of the Charter of the City of Lubbock, which now reads as follows: CALLED SPECIAL MEETINGS--TIME--ORDER OF BUSINESS The Mayor, Mayor Pro Tem, or any two of the Comnissioners in the absence of the Mayor and Mayor Pro Tern, or in the event of their refusal after request is made, may call special meetings of the Commission at any tinB deemed advisable. The Commission shall determine its own rules and order of business and shall keep a journal of its proceedings in a permanently bound bookand any citizen shall have access to the minutes and records thereof at all reasonable times. BE amended to read as follows: CALLED SPECIAL MEETINGS--TIME--ORDER OF BUSINESS The Mayor, Mayor Pro Tern, or any three of the Councilmen in the absence of the Mayor and Mayor Pro Tem, or in the event of their refusal after request is made, may call special rmetings of the Council at any time deemed advisable. The Council shall determine its own rules and order of business and shall keep a journal of its proceedings in a permanently bound book and any citizen shall have access to the minutes and records thereof at all reasonable times. -3- KJ:dw That the first sub-section of Section 15, Article IX, Chapter 1 of the Charter of the City of Lubbock, which now reads as follows: LEGISLATIVE PROCEDURE--QUORUM--VOTING--EXCUSED FROM VOTING Section 15. Any three members of the Commission shall constitute a quorumfor the transaction of any business, and the affirmative vote of any three :rIBmbers of the Com- mission shall be sufficient and necessary to adopt or repeal any ordinance or resolution. The vote upon the passage or repeal of any ordinance or resolution shaU be taken by a ''Yea" and "Nay11 vote, and entered upon the journal. All members of the Commission shall vote upon every question, ordinance or resolution, provided that not more than one member of the Commission may be excused from voting by a vote of the other four members, which shall be entered upon the journal. Any Commissioner refusing to vote unless so excused shall be entered on the journal as voting in the affirmative. BE amended to read as follows: LEGISLATIVE PROCEDURE--QUORUM--VOTING--EXCUSED FROM VOTING Section 15. Any four members of the Council shall con- stitute a quorum for the transaction of any business and the affirmative vote of any four members of the Council shall be sufficient and necessary to adopt or repeal any ordinance or resolution unless otherwise provided by State Statute. The vote upon the passage or repeal of any ordinance or resolution shall be taken by 11Yea11 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 two members of the Council may be excused from voting by a vote of the other five members, which shall be entered upon the journal. Any Councilman refusing to vote unless so excused shall be entered on the journal as voting in the affirmative. AMENDMENT NO. 2 That Section 2, Article IX, Chapter l of the Charter of the City of Lubbock, be further amended by adding thereto a new sub-section which shall read as follows: -4- KJ:dw SUCCESSION--TWO TERM LIMITATION No Councilman shall succeed himself for rmre than one term as a Councilman. No Mayor shall succeed himself for more than one term as Mayor. No personsshall serve in succession as a Councihm.n and Mayor for more than one term in each position. AlVIENDMENT NO. 3 That Sect-iron 14, Article IX, Chapter l of the Charter of the City of Lubbock, whi.ch now reads as follows: COMPENSATION AND ATTENDANCE Section 14. The compensation of the Mayor, shall not exceed $900. 00 (Nine Hundred) per annum and the comp- ensation of each commissioner shall not exceed $300. 00 (Three Hundred) per annum, payable in m:mthly install- ments; provlded, however, that the Mayor and any Commissioner shall forfeit not exceeding $10. 00 per meeting of this salary if absent from any regular meeting of the Commission unless such absence from the meeting is unavoidably necessitated in the services of such officer on business of the City away from the City at the time the meeting is held. BE amended to read as follows: COMPENSATION AND ATTENDANCE Section 14. The compensation of the Mayor shall not exceed $6,000. 00 (Six Thousand) per annum and the compensation of each Councilman shall not exceed $4,800.00 (Four Thousand Eight Hundred) per annum, payable in monthly installments; provided however that the Mayor and any Councilman may forfeit not exceeding $50. 00 per meeting of this salary if absent from any regular meeting of the Commission unless such absence from the meeting is unavoidably necessitated i.n the services of such officer on business of the City away from the City at the time the meeting is held. Persons currently serving in office will continue to be paid at the former level of salary until the 1976 Electees are sworn into office. -5- KJ:dw AMENDMENT NO. 4 That Section 5, Article VIII, Chapter l of the Charter of the City of Lubbock, which now reads as follows: ADVERTISEMENT BEFORE SALE OF Section 5. No bonds shall be sold until sale has first been advertised in a newspaper once each week for a period of thirty days. All sales shall be in open meeting of the Council. BE amended to read as follows: SALE OF BONDS Section 5. 11No bonds or Certificates of Obligation may be sold for cash until bids, submtted in response to public advertisement have been received and considered, by the City Council in an open meeting'1. SECTION 2. Said Special Election shall be held at the following places in the City of Lubbock, being designated as voting precincts and \Toting places: VOTING PRECINCT NO. 1 2 (Includes new Pct. 54, this election only) 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 -6- VOTING PLACE Wolffarth School Sam Arnett School McWhorter School A. C. Jackson School Guadalupe School Alderson School James Bowie School K. Carter School George Rush School Carroll Thont>son School Bayless School Haynes School Smiley WLlson School Overton School Roscoe Wilson School Hutchinson School Dupre School KJ:dw 18 19 20 21 22 23 24 25 26 27 28 29· 30 47 48 (Includes new Pct. 52, this election only) 49 50 51 53 0, L. Slaton School George R. Bean School Ella Iles School Lou Stubbs School C. E. Maedgen School Monterey High School Wheelock School P. F. Brown School Chris Harwell School Wester School E. J. Parsons School W. B. Atkins School Stewart School Mackenzie School Murf ee School Bldg. X76A, Texas Tech Mlnicipal Auditorium-Lobby Southeast Elementary School Lubbock Christian College SECTION 3. THAT said Special Election shall be conducted by Presiding Judges and Alternate Presiding Judges appointed by the Mayor and set forth in a Supplemental Election Order issued by the Mayor. 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 1herein. 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 the aimndments to Section 1, 2, 5, 13 and 15, Article IX, Chapter 1 of the City Charter, which relates to one subject which is the expansion of the City Council, shall be shown as one Amendment and this Amendment and other Amendments to the City Charter shall be on one ballot the form of which shall be substantially as fallows: No. ---,--:----------------Official Ballot City of Lubbock, Texas January 15. 197 5 No. ----------------Special Charter Armndment Election, January 15, 1975 Note: Voter1s signature to be affixed on reverse side. Instruction to Voter: Place an 11xrr in the square beside the statement indicating the way you wish to vote. -7- KJ:dw ... ~ ~.====tt,=========c::a-=============================+- 'D D • D D Cl FOR AGAINST FOR AGAINST FOR AGAINST FOR AGAINST AMENDMENT NO. 1 The Amendment of Sections 11 2, 5, 13 and 15, Article IX, Chapter l of the City Charter of the City of Lubbock that provide for the governing body of the City of Lubbock, by providing that the City C ounc i.l shall be composed of a 1\/hyor and six (6) Councllmen with three (3) Councilmen residing in geographical wards. All to be elected at large. AMENDMENT NO. 2 The Ammdment of Section 2, Article IX, Chapter 1 of the City Charter of the City of Lubbock by providing that no person shall serve rmre than two terms as Mayor or Councilrm.n or a combination thereof. AMENDMENT NO. 3 The Ammdment of Section 14, Article IX, Chapter l of the City Charter of the City of Lubbock by providing for annu!ll comp- ensation to the Mayorr flibt,tt6'-e~ee~ s-6~000. oo G'=l<¼ ta '.eaab: Cmtm.c i;J~ffi lffut.Alp exceed $4,800.00 AMENDMENT NO. 4 The Amendment of Section 5, Article VIII, Chapter l of the City Charter of the City of Lubbock so as to require a public sale for bonds and E:ertificates of Obligation of the City sold for cash. SECTION 6. THAT pursuant to Article 1170, Revised Civil Statutes of Texas 1925, as amended by the 63rd Legislature of the State of Texas and as directed therein 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 ln each of two (2) successive weeks; the date of the first publication to be not less tha;n fourteen (M) days prior to January 15, 1975, the date set for said Special Elec.., tio:h as herein ordered and provided for. SECTION 7. The Chief of Police is hereby directed to post a properly executed copy of this Ordinance and the supplemental election order as notice -8- KJ:dw of election at the polling places hereinabove 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 and the supplemental election order upon each of the Election Judges and Alternate Presiding Judges named in such supplemental election order. Such service shall be made by registered or certified 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 imrrediately from and after its approval and passage. AND IT IS SO ORDERED. Passed by the Council. on first reading this 13 day of November , 1974. Passed by the Council on seccnd read~~ay_o_f __ __,N,.,..o_v_e_m..,.b_e_r __ • 1974. ROY BASS, MAYOR ATTEST: APPROVED AS TO FORM: