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Home My WebLink About01838 ORD - 08/28/1945AN ORDINANCE ORDERING AN ELECTION TO BE HELD IN THE CITY OF CORPUS CHRISTI, TEXAS, ON THE 6TH DAY OF OCTOBER, A. D., 1945, UPON THE QUESTION OF ADOPTING ANENDME1TTS TO THE CITY CHARTER OF THE CITY OF CORPUS CHRISTI; PROVID- ING THE PLACES WHENE SUCH ELECTION REALISE HELD AND THE OFFICIALS TO CONDUCT SUCH IH.ECTION; AND DECLARING AN EMERGENCY. WHEREAS, there has been heretofore selected and ohosen a Charter Commission for the purpose of preparing amendments to the City Charter of the City of Corpus Christi, Texan; and, WHEREAS, said Charter Commission did, on the 31st day of July, A. D., 1945, submit to the City Council of the City of Corpus Christi its proposed amendments to the City Charter of the City of Corpus Christi, Texas, which said proposed amendmente will be set out hereinafter; and, WBER1AH, such Charter Commission, in its report, did recommend that Paragraph 2 of Seotion 9 of Article II, Article V and Sections 1 and 9 of Article VI, Sections 1, 2, 8, 10 and the first paragraph of Section 11 of Article VII, Sections 1, 2, 3, 4 and 6 of Article VIII, Sections 1, 2, 4, 5, 6 and 7 of Artiole IX, and Sections 1, 4, 5, 6 and 7 of Article X of the Charter of the City of Corpus Christi, be consoli- dated as Article V, and such Article, as amended, to read hereafter as set out hereinafter in the official ballot to be prescribed herein under Proposition One of said ballot; and, WHEREAS, such Charter Commission in its report, did recommend that the Charter of the City of Corpus Christi be amended by incorporating therein as additions to Artiole II, Sections 20, 21, 22, such additions and amendments reading and being as set out hereinafter on the official ballot to be prescribed tinder Proposition Two or said ballot; and, WHEREAS, suoh Charter Commission, in its report, did recommend that the Charter of the City of Corpus Christi, Texas, be amended by amending the first clause of Section 2, Article I, of the Charter of the City of Corpus Christi, Texas, so as to read hereafter as set out herein- after in the official ballot to be prescribed herein under Proposition Three of said ballot; and, - . 1838 MAMBAS, such Charter Commission, in its report, did reoonmend that the Charter of the City of Corpus Christi, Texas, be amended by in- corporating therein Artiole X -a, providing for a "Park Board ", said Artiole X -a reading and being as set out hereinafter on the Official Ballot to be prescribed under Proposition Four of said ballot; and, M ENEM, such Charter Commission, in its report, did recommend that the Charter of the City of Corpus Christi, Tonne, be amended by add- ing to Section I$, Artiole %, certain additional clauses and provisions, Ouch additional clauses and provisions reading and being as set out herein- after oaths Offioial Ballot to be prescribed under Proposition Five of said ballot; and, WHEREAS, such Charter Commission, in its report, did recommend that the Charter of Corpus Christi, Texas, be amended by incorporating therein Article X -b, said Artiole X -b reading and being as set out hereinafter on the Official Ballot to be prescribed under Proposition 6 of said ballot; and, MMES, such Charter Commission, in its report, did recommend that Seotion 17 of Article XII of the Charter of the City of Corpus Christi be amended so as to read hereafter as set out hereinafter in the Official Ballot to be prescribed under Proposition 7 of said ballot; and, WHMBEAS, all of pooh recommendations have been adopted by the City Council of the City of Corpus Christi, Texas; now, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, - TEARS: SECTION-1. An election is hereby ordered to be held on the 6th day of Ootober,.A. D., 1945, in the City of Corpus Christi, Texas, at which eleotion shall be submitted to the voters who are qualified to vote under the Conetitution•and Laws of the State of Texas, the following amendments to the City Charter of the City of Corpus Christi, Texas, as set out on the official ballot hereinafter prescribed. SECTION 2. The Offioial Ballot for said election shall be, except for caption and date, as hereinafter set out, and the propositions to be voted on at said election are set out on such Official Ballot, said Official Ballot, except for caption and date, shall be as foliose: FIRST PROPOSITION Amendment No. 1 Shall Paragraph 2 of Section 9 of Article II, Article V and Seotions 1 and 9 of Article VI, Sections 1, 2, 8, 10 and the first paragraph of Section 11 of Article VII, 'Sections 1, 2, 3, 4:andA of Article VIII, Sections 1, 2, ), 5, 6 and 7 of Article IX, and Sections 1, 4, 5, 6 and 7 of Article X of the Charter of the City of Corpus Christi be consolidated as Article V and such article as consolidated be amended so as to hereafter read as follows: ARTICLE V. FORM OF GOVERNMENT SECTION 1. The municipal government provided by this Charter Amendment shall be known as the "Council- Manager Government ". Subject to the provisions of this Charter Amendment and the effective provisions of the present City Charter, all powers of the City shall be vested in an elective Council composed of a Mayor and four Commissioners, and a City Manager to be appointed by the City Council who shall execute the laws, administer the government of the City and perform such other duties as are conferred on him by this Charter Amendment. ELECTIVE OFFICERS SECTION 2. The Mayor and Commissioners shall be elected by the qualified voters of the City at large and shall hold their respective of- fices for two years, or until their successors are elected and qualified, unless sooner removed as provided in the present City Charter. SECTION 3. Each member of the City Council, including members of the Commission and the Mayor, shall receive as compensation for his services, the sum of $20.00 per meeting for each regular and special meet- ing attended by him, said compensation in no event to exceed the sum of Fifteen Hundred Dollars ($1500.00) per annum. In addition to the above aompeneation, all necessary expenses incurred by members of the City Council in the performance of their official duties shall be paid by the City. SECTION 4. Any qualified voter of the City shall have the right to file an application to have hie name placed on the official ballot ae a candidate for any eleotive office; such application shall be in writing signed by such candidate and at least five hundred (500) qualified voters. addressed and delivered to the City Seoretary at least 30 days prior to the date of the election, and shall entitle such applicant to have his name placed on the official ballot. The Commissioners, as well ae the Mayor, may be nominated by any political party or organization. No person shall be elected Mayor or Commissioner unless he be a citizen of the United States and a qualified voter in the City. THE CITY MANAGER SECTION 5. The City Council shall appoint a City Manager who shall be the chief administrative and executive officer of the City. The Manager shall be chosen by the City Council solely on the basis of hia executive and administrative training, experience and ability, and without regard to political considerations-, and need not when appointed be a resident of the City of Corpus Christi or of the State of Texas, but shall. during his texm.ot office as- City Manager of Corpus Christi, reside in, and be a resident of. the City of Corpus Christi. No member of the City Council shall. during the time for which he is elected. be chosen as City Manager. The City Manager may be employed for such time. not exceeding the tenure of office of the Mayor and Commissioners who appoint him. and under such condition, ac the City Counoil may deem appropriate. but may be removed at any time for cause by a majority vote of the City Council. If he is removed, he may demand written charges and the right to be heard thereon within 60 days from the date of such demand,at a public meeting of the Connell prior to the date on which hie final removal shall take effect. but pending auoh hearing the Council may suspend him from office and his compensation shall cease on the date of his suspension. The action of the Counoil in suspending or removing the City Manager shall be final, it being the intention of the Charter to vest all authority and fix all.reeponsibility for such suspension or removal in the Council. In case of the absence or disability of the City Manager. the City Council may designate some qualified person to perform the duties of the office during such absence or disability. The City Manager shall receive such compensation as may be fixed by the City Council. SECTION 6. The powers and duties of the City Manager shall be as follows, To see that all laws and ordinances are enforced. Except as otherwise provided by this Charter Amendment, to appoint and remove all heads of departments and all subordinate officers and employees of the City; all appointments shall be upon merit and fitness alone, and in the qualified civil service all appointments shall be subject to the oivil service provision of the preeeat City Charter. To exercise control over all departments and subdivisions thereof created by the City Charter and Amendments thereto or that may:,heraafter be created by the City Council. except as herein otherwise provided. To see that all terms and conditions imposed in favor of the City or its inhabitants in any public utility franchise are faithfully kept and performed, and, in case of any violation thereof, to take such action as may be necessary and proper to enforce the same or terminate such franchise. To attend all meetings of the City Council, with the t right to take part in the dtecussion, but having no vote.. He shall be entitled to notice of all apeoial meetings in the same manner as auoh notice is given to members of the City Council. Any action taken at any meeting of the City Council of which the City Manager has not been notified shall be of no force or effect. To recommend to the City Council for adoption such measures as he may deem necessary or expedient. To keep the City Council at all times fully advised as to the financial condition and needs of the City and to render a quarterly summary statement of departmental activities. To act as budget officer, and. as such, prepare and submit to the City Council the annual budget, after receiving estimates made by the directors of the various departments of the City. To see to it that the City lives within its budget and. before any expenditures are made from budgetary appropriations for any and all Boards created by Charter Amendment or Ordinance, to see to it that such expenditures are lawful and to the best interest of the City. To that end the City . Manager shall be an ex officio member of allsuoh Boards or; onmtissione without vote, but with the right of veto of any proposed expenditure that he shall deem not to the beat interest of the City. Any moneys so expended for account of any Board or Commissions shall be disbursed as provided in Sbcti0L 16 ,pf,;tbia'_: To execute deeds on behalf of the City when authorized by Ordinance duly peened by the City Council; to make and execute all contracts on behalf of the City; however, all contracts for expenditures not inoluded in the annual budget shall be approved by the City Council before the same shall be binding upon the City. To purchase, acquire and maintain such equipment and material as may be necessary in the proper handling of the affairs of the City. To perform such other. duties as may be preaoribed by the Charter and Charter Amendment or by Ordinance or Resolution of the City Council. SECTION 7. The City Manager shall be responsible to the City Councilor the proper administration of all the City affairs placed in his hands, and to that end shall appoint and employ all directors of departments and all other anployees of the various departments not otherwise provided for in this Charter Amendment. Appointmenta made by the City Manager shall be on the basis of executive and administrative experience and ability, and of training, fitness and efficiency of such appointees in the work whioh they are to administer. All such director, of departments shall be immediately responsible to the City Manager and may be removed by him at any time. In case of the removal after six months. service, if the Director so roved so demands, a written statanent of the reason for his removal shall be made by the Ci ager and this atatment and any written reply of the Director thereto shall be filed as a public record in the office of the City Secretary. The City Council ahallrequire the City Manager, before entering upon the duties of his office, to iexeaute a good and sufficient bond with a surety company doing business in Texas, and approved by the City Council, as surety thereon. Said bond shall be in such amount as the City Counciay demand, payable to the City of Corpus Christi, and conditioned for the faithful performance of the duties of his office; premiums for such bond shall be paid by the City. the faithful performon.:e of the duties of !..,, •nni :. ^s tt^ VI,!, bond shell be p is by the City. ' SECTION 8. Neither the City,Council nor any of its members shall attempt to dictate the appointment of any person to, or his removal from, of-. fice or employment by the City Manager or any of his eubordiohtee, or in any manner interfere with the'appointment of officera and employees vested in the City Manager by this Charter Amendment. The City Council end its members shall deal with that part of the administrative service for which the City Manager is responsible solely through such City Manager, and neither the City Council nor any member thereof shell give orders to any of the subordinates of the City Manager in said departments, either publicly or privately. SECTION 9. Wilful violation of the foregoing provisions of this Charter Amendment by any member of the Council shall consitute offioial mis- conduct. ADMINISTRATIVE DEPARTMENTS SECTION 10. There is hereby created and placed under control of the City Manager the following administrative departments of the City governments 1. Finance Department 2. Public Safety Department 3. Public Works Department 4. Public Health PepartmtlnS:, :- 5. Public Utilities Department 6. Legal Department The City Council shell have power by ordinance to establish other departments and offices. The City Council may discontinue any department or office es- tablished by ordinance and may prescribe, combine, distribute or abolish the function or duty of office, but no function or duty assigned by this Charter Amendment to a particular office shall be abolished or assigned to another department or office. No administrative department or office created by ordi- nance shall be eatabliehed or discontinued, and no consolidation thereof shall be made, until the recommendation of the City Manager thereon shall have first been heard by the City Council. The City Council,ahall, in cooperation with the City Manager, fix all salaries, which in the classified service shall be uniform for each grade as eetabliehed by the Civil Service Commission. SECTION 11. d director for each of the above departments may be appointed by the City Manager to serve until removed by him; provided that. until suoh appointment is made or in case of a vaoanoy in the office of a director of any department. the City Manager shall assume the directorship of said department until such appointment is made or the vacancy is filled. The City Manager shall have authority to prescribe rulee and regulations governing the cooperation of each of the departments and each director shall have power to prescribe rules and regulations, not inconsistent with this Charter Amendment, for the conduct of his department and the preservation of records and property under his control, and with the consent of the City Manager hammy employ and discharge the personnel of his department, subject to the civil eervioe rules and regulations for employees in the classified service, as now contained in the present City Charter. Subject to the control and supervision of the City Manager in all matters. the director of a department shall manage his department. SECTION 12. The directors of departments appointed by the City Manager shall be immediately responsible to the City Manager for the administration of their departments, and their advice in writing may be required by him on all matters affecting their departments. They shall prepare departmental estimates which shall be open to public inspection and they shall make all their reports and recommendations concerning their departments at stated intervals or when required by the City Manager. SECTION 13, The City Manager shall have the right to assign to the respective officers and directors of the administrative departments hereby created such duties as he may deem most advantageous for the efficient operation of City affairs. except as diraotly prohibited by this Charter Amendment. In the event of conflict of duties or jurisdiction arising between the departments or employees thereof in regard to any administrative detail thereof. the same shall be referred to the City Manager and his decision thereon shall be finely .SECTION 14. The City Manager may require that any officer or employee of the administrative departments of the City give bond, payable to the City of Corpus Christi in suoh penalty and with such security as the City Council by ordinance may prescribe. conditioned for the faithful performance of their respective duties, the premium of which bond shall be paid from the public funds of the City. DEPARTMENT OF FINANCE SECTION 15. The Director of Finance shall, under the direotion and oontrol of the City Manager, have charge of the Department of Finance which shall include the Accounting, Auditing, Treasury, Purchasing, Taxa- tion, and Budgeting Divisions, and the City Garage and Warehouse. Be shall have the administration of the financial affairs of the City in the various departments placed under his control, and shall prescribe the methods of keeping, and the supervision of, all accounts. He shall have control of the custody and disbursement of oity funds and moneys, according to ordinances and regulations of the Council by direction of the City Manager; the assess- ment and collection of euoh taxes, including apeoial aseeesments, as may be levied by Ordinanoa; the issuance of lioenaes,and collection of license fees; and shall perform such other duties as the City Manager may require. SECTION 16. The City Controller, who shall be appointed by the City Manager subject to confirmation by the City Council, shall be the chief accounting officer of the City and shall, under the direotion of the City Manager, establish•' and maintain an adequate and efficient system of account- ing. It shall be his duty to examine in detail all bills, accounts and claims against the City, and, if found correct, to oertify his approval thereof; but, if found incorrect, he shall return them to the department presenting the same, for correction. Be shall keep comprehensive accounts of all receipts and dis- bursements of money, and, under proper headings, separately, each source of re- ceipt and the oauae of each disbursement. Be shall also keep an account with eacfi person, including the officers, who have money transactions with the City, crediting amounts allowed by proper authority, and specifying the transactions to whiciylauch entiiea apply. It shall also be his duty to examine all warrants and countersign the same after appropriation has been duly made by the City Council to pay the same. He shall also ascertain whether any expenditure made or proposed to be made by the City is excessive, either in the price of the thing purohaaei, the computation of the oharge, or otherwise, and if he shall eo find, he shall make report thereon to the City Manager. SECTION 17. The Controller shall prepare and transmit to the City Manager and Director of Finance by the 15th day of each month, a summary statement of the revenues and expenses of the preceding month, detailed as to appropriations and funds, in such manner as to show the exact financial condition of the City and of each department, division and office thereof as of the last day of such month. Such reports shall refloat the condition of each of tho City funds, showing the budget appropriation, the amount expended to the date of such report and the unexpended balance therein. Financial reports shall also be prepared for each quarter and fiscal year and for such other periods as may be required by the City Manager or the Council. It shall also be the duty of the Controller to furnish to the City Council, City Manager and the heads of the City Departments such additional reports, information and assistance as may be required. SECTION 18. Before assuming the dutieeof his office the City Controller shall exeoute a bond with some responsible surety company, aoceptable to the Council, in such amount as may be required by the Council, conditioned for the faithful performance of the duties of his offioe, the premium of which bond shall be paid by the City of Corpus Christi. The salary of tho City Controller shall be fixed by the City Council in cooperation with the City Manager. SECTION 19. Upon the death, resignation, removal or expiration of the term of any olfioer of the City, other than the City Controller, the City Controller shall cause an audit and investigation of the accounts of such officer to be made and shall report to the City Manager and the Council. Either the Council or the City Manager may at any time provide for an investigation or audit of the accounts of any officer or department of the City government. In case of the death, resignation or removal of the City Controller, the City Manager shall cause an audit to be made of his accounts. If, as Jl result of any such audit, an officer be found indebted to the City, the City Controller or other person making such audit. shall immediately give notice, thereof to the Counoil, the City Manager and the City Attorney, and the latter shall, as direoted by the City Manager, forthwith proceed to collect such indebtedness. SECTION 20. The City Manager shall appoint a City Treasurer, who may be an officer of the depository bank, who shall perform suoh duties as the City Manager may require and shall receive for his services thesum of Five Dollars paver annum. The City Manager shall, immediately after each biennial election of the Mayor and Commissioners, advertise in the official newspaper for two auoceasive weeks for bids for City Depository, which advertisement shall specify the terms on which bids will be received, including the rate of interest on daily balances and on loans by the Depository to the City. Be shall also mail to each bank in the City, within three days after the first publication o'suoh advertisement, a copy of said notice. The date of opening of said bids shall be specified in the said advertisement. On the tenth day after the first day of suoh advertisement, Sundays and legal holidays exoluded, all bids shall be opened and examined by the City Counoil and City Manager. At the neat regular meeting of the City Counoil, the City Manager and City Counoil shall pass upon said bids and select a City Depository, whioh shall :be under the direct supervision of the City Manager and City Counoil The City Depository shall give bond fur suoh sum as may be prescribed by the City Counoil, payable to the Mayor and his successors in office, conditioned for the faithful performance of its duties and that it will well and truly account for all moneys deposited with it and pay over all balances to its suooesaors when qualified. In the event new bond is given or additional surety required, no deposits shall be made in the City Depository until an audit of its accounts has been had and the Controller had Director of Finance shall certify in writing that all moneys theretofore deposited have been truly accounted for and that all balances are then on hand in such depository. Within sixty days after Ito selection and the approval of its bond, all funds belonging to the City shall be transferred to the City Depository aeleated. From and after said transfer of funds, and not before, the City Depository aeleoted shall be the duly qualified City Depository for two years thereafter and until its suooessor is qualified. The City Depository shall reoeive and seourely keep all securities and moneys belonging to the City and make all payments of the same upon warrants or orders signed by the Director of Finance or the City Manager and countersigned by the City Controller or City Secretary, under the seal of the City; provided that, no order or warrant shall be paid by the City Depository unless it shows upon its face that the City Manager has ordered its issuanoe and states the purpose for which same vas issued. The City Depository shall render a full and correct statement, under oath, of its receipts and disbursements, to the City Manager and City Council, at the first regular meeting of the Council in each month and shall make suoh additional statement concerning the accounts of the City as the City Manager or City Controller or City Council mgy from time to time require. The funds received by any offioial of the City shall be deposited in the City Depository as herein provided and shall be with- drawn only on voucher duly signed and countersigned as in this Charter Amendment required. 8-5 • SECTION 21. There shall be in the Department of Finance the office of Purchasing Agent. The officer in charge of this office shall be known as the City Purchasing Agent. The City Purchasing Agent shall make all pur- chases for the City in the manner provided by ordinance and shall, under such regulations ae may be provided by Ordinance or by Resolution, sell all personal property of the City not needed for public use, or that may have been condemned as useless by the Director of a Department. Be shall have oharge of such storerooms and warehouses of the City ae the Council may by Ordinance provide, and shall keep true and correct inventories of all pro- perty and stores of the City. SECTION 22. Before making any purchase or sale, the City Purchasing Agent shall give opportunity for competition under such rules and regulations as now contained in the present City Charter. Supplies required by any de- partment may be furnished upon requisition from the stores under the control of the Purchasing Agent. The City Purchasing Agent shall not furnish any sup- plies to any department unless there be to the credit of such department an ovailable appropriation balance in exceae of all unpaid obligations, sufficient to pay for such supplies, unless; the City Manager should otherwise order. SECTION 25. There shall be in the Department of Finance a Division of Assessments, Licenses and Taxes, the officer in charge of this Division to be known as the Assessor and Collector of Taxes. Be shall have charge of the collection of all special asseesmente for public improvements, the assessment of ell taxable property in the City, the preparation of the tax rolls, the collection of all taxes and assessments under the Ordinance of the City new in effect or hereafter to be enacted. Be shall issue all licenses, collect all fees therefor, and shall pay over to the City Treasurer all moneys belong- ing to the City ooming into his hands from any source within forty -eight hours after such collections, taking duplicate receipts thereof, one of which he shall retain and the other he shall file with the City Controller. If ha shall fail so to deposit any funds with the City Treasurer within forty -eight hours after collection, he and the sureties on his bond shall be required to pay interest thereon at the rate of ten percent per annum until such deposit is made. Ne shall perform such duties as are elsewhere in this Charter prescribed, as well as such other duties as may be prescribed by the Director of Finance or by the City Manager. Be shall be responsible for all acts of deputies In his office. Before assuming office, he shall be required to make bond in some responsi- ble surety company acceptable to the Council, for such amount as the Council mey prescribe, conditioned for the faithful performance of the duties of the office, premium on which bond shell be paid by the City. The Counoil may re- quire a new or additional bond at any time the existing bond shall be deemed ineuffioient. SECTION 24. The fiscal year of the City shall begin on the first day of August of each year and shall end with the thirty -first day of July of each year. On the second Monday in June of enoh year, the City Manager ahell submit to the council a budget estimate of the revenues of the City and the expense of conducting the affairs thereof for the ensuing fiscal year. This exbimate shall be compiled from information obtained from the several departments, divisions and offices of the City on uniform blanks prescribed and furnished by the City Manager. The classification of the estimate shell be as nearly uniform as possible for the main functional divisions of such departments, divisions and offices, and shall give the following informations (a) An itemized estimate of the expense of conducting each depart- ment, division, office and commission. (b) Comparison of such estimates with the corresponding items of expenditure of the last two fiscal yearn, and with the expenditures of the current fiscal year plus an estimate of expenditures necessary to complete the current fieoel year. (o) Reasons for proposed increases or decreases of such items of expenditure compared with the current fiscal year. (d) A separate schedule for each department showing the things necessary for the department to do during the year and which of any desi- rable things. it ought to do if possible. (e) Items of pay roll increases as either additional pay to present employees or pay for more employees. (f) A statement from the Director of Finance of the total probable income of the City from texas for the period covered by the estimate. (g) An itemization of all anticipated revenue from sources other than tax levy. -10- (h) The amount required for interest on the.City's debts, for sinking fund and for maturing serial bonds. (1) The total amount of outstanding City debts, with a schedule of maturities on bond issues. (j) Such other information as may be required by the Council. SECTION 25. Every department of the City government not under the direct control of the City Manager, shall, by not later than the first day of June of each year, furnish to the City Manager, for use in the pre- paration of his recommendations to the Council regarding the annual budget, a detailed budget estimate of the needs and requirements of such depart- ments for the coming year. SECTION 28. The heed of each Department, as defined in Section *this Charter Amendment, shall, not later than the last day of May of every year, make a written report to the City Manager show- ing the operations of the department for the ourrent fiscal year and the anticipated expenditures for current expenses for the ensuing fiscal year. These reports shall be transmitted to the City Council, together with the respective department directors' recommendations concerning the diminution or increase of departmental estimates, not later than the second regular meeting in June of every year. The City Counoil shall thereupon forthwith comply with the provisions of the generel_lawe of Texas concerning notice and hearing on the budgets of municipal corporations. At the conclusion of such hearing the City Counoil shall forthwith meet and remain in session until the Budget for the ensuing fiscal year has been adopted. If no bud- get has been adopted before the first regular meeting of the Council in August of eaoh year, then the budget for the preceding fiscal year shall be deemed the Budget for that fiscal year. SECTION 27. Upon adoption of the Budget, the City Counoil shall at once prepare an appropriation ordinance and fix the tax levy for the cur- rent year. Upon the passage of the appropriation ordinance by the Council it shall, before becoming effective, be published once in the offioial news- paper of the City. SECTION 28. It shall be the duty of the City Counoil to appro- priate such sumo of money for each department of the City as may have been provided in the Budget therefor during the ensuing fiscal year. The City Council shall also make such appropriations for contingent purposes as may be contained in the current Budget. SECTION 29. Upon the written recommendation of the City Manager, the City Council may at anytime transfer the uninoumbered balance of an appropriation made for the use of one department, division or purpose, to any other department, division, or purposes provided, however, that Pram and after January let, 1947, no euoh transfer shall be made of revenues or earnings of any municipally owned utility, euoh as the water, gam or sewerage department, to any other department or to any other purpose unless and untill there has been set aside out of the earnings of any such utility a sufficient amount of capital or funds to aesure the proper maintenance of euoh utilities and the reheblilitation of any and all of its facilities. SECTION 30. If at any time the total seaming revenue of the City shall be in excess of the total estimated inane thereof, as set forth in compliance with Subdivisions (f) and (g) of Seoticn ?5,hereof, the Counoil may from time to time appropriate such exoese to euci. uses as will not conflict with any uses for whioh revenues epeoifioally accrued. SECTION 31. No money shall be drawn from the City Treasury, nor shall any obligation for the expenditure of money be incurred, except in pursuance of appropriations made by the Counoil, and whenever an appropria- tion is so made, the City Secretary shell forthwith give notioe to the Director of Finance. At the olose of each fisoal year the uninoumbered balance of each appropriation shall revert to the fund from which it was appropriated. SECTION 32. Accounts shall be kept for each item of appropriation made by the City Council and every warrant on the City Treasury shall state apeoifioally against which of such items the warrant is drawn. Each euoh aocount shall ehow in detail the appropriations made thereto by the Counoil, the amount drawn thereon., the unpaid obligations charged against it, and the uninoumbered balanoe to the oredit thereof. SECTION 33. 20 claim against the City shall be paid unless it is evidenoed by a vouoher approved by the head of the department or offioe for whioh the indebtedness was incurred; and each suoh director or officer and his surety shall be liable to the City for all loss or damage sustained by the City by reason of his negligent or corrupt approval of any such claim. The City Controller shall examine all payrolls, bills and other claims and demands against the City and shall issue no warrant for payment unless he finds that the claim ie in proper form, oorreotly oomputed and duly approved; that it is justly and legally due and payable; that an appropriation has been made therefor whioh has not been exhausted or that the payment has been otherwise legally authorized; and that there is money lathe City Treasury to make payment. He may investigate any olaim and for that purpose may sum- mon before him any officer, agent or person and examine him upon oath or af- firmation relative thereto, which oath or affirmation he may administer. If the City Controller Segues a warrant on the Treasury authorizing payment of any item for whioh no appropriation has been made, or for the payment of whioh there is not a sufficient balance in the proper appropriation, or whioh ie otherwise ooatrary to law or ordinance, he and his sureties shall be indivi- dually liable to the City for the amount thereof. SECTION 34. No contract, agreement or other obligation involving the expenditure of money shall be entered into, nor shall any Ordinance, Resolution or Order for the expenditure of money be passed by the Council or be authorized by any officer of the City, exoept in the cage hereinafter specified, unless the Director of Finance first certifies to the Counoil, or to the proper officer, as the ooze may be, that the money required for anoh oontraot, agreement, obligation or expenditure is in the Treasury to the oredit of the fund from which it is to be drawn and not appropriated for any other purpose, which oertifioate shall be filed and immediately recorded. V The sum so certified shall not thereafter be ooneidered unappropriated until the City is discharged from the oontraot, agreement, orobligation. SECTION 35. All moneys actually in the Treasury to the credit of the fund from which they are to be drawn, and all moneys applicable to the payment of the obligation or appropriation involved that are anticipated to come into the Treasury before the maturity of such oontraot, agreement or obligation, from taxes, or assessments, or from sales of service produota -13- or by- produots, or from any City undertaking, fees, oharges, a000unta and bills receivable, or other credits in process of oolleotion, and all moneys applicable to the payment of'suoh obligation or appropriation, which are to in be paid/to the City Treasury prior to the maturity thereof, arising from the sale or lease of lands or other property, and moneys to be derived £ram lawfully authorized bonds sold and in the prooess of delivery, shall, for the purpose of such certificate, be deemed in the Treasury to the credit of the appropriate fund end subjeot to auoh certification. SECTION 36. 611 contract% agreements, or other obligations entered into, all ordinances passed and resolutions and orders adopted, oontrary to the preceding seotions, shall be void, and no person whomsoever shall have any claim or demand against the City thereunder, nor shall the Council or any officer of the City waive or qualify the limits fixed by any Ordinsnoe, Reso- lution or Order, as provided in Seotion 34 hereof, or fasten upon the City any liability whatever in excess of such limits, or relieve any party from an exact oomplianoe with his oontraot under such Ordinsnoe, Resolution or Orders pro- vided, that this Seotion shall not apply in case of publio disaster calling for extraordinary emergenoy expenditure. SECTION 37. The Council shall oause an independent audit-to be made or the books of account, records and transactions of all the administra- tive departments of the City at least onoe yearly. Such audits during such fisoal year shall be made by one or more certified public a000untanta, who for the past three years next preceding, have held a certificate, issued by the State board of Accountancy of the State of Texas, or by a Stet® maintaining an equal standard of professional requirements, which entitles the holder of suoh certificate to a, Texas certificate. The Auditor or Auditors to make the said audit shall be seleoted by the Council, and shall be responsible to the Counoil. The duties of the Auditor or 6iiditora so appointed shall inoludo the certification of all statements required under Section 24 of this Charter Amendment. Suoh statements shall include a balance sheet, exhibiting the as- sets and liabilities of the City, supported by departmental schedules, and sohedulea for each utility publicly owned or operated, summaries of income and expenditures, supported by detailed schedules; and also comparisons in proper olaseification with the last previous year. The original report of -14 the said Auditor or Auditors shall be kept among the permanent reoords of the City. DEPARTMENT OF PUBLIC SAFETY SECTION 38. The Department of Public Safety shall be divided into tao divisions, The polioe Division and the Fire Division. The Direotor of the Department of Public Safety shall, under.the direction and control of the City Manager, have charge of the administration of the Police and Fire Divisions and the enforcement of all laws and regulations relating thereto. SECTION 39. The head or the Police Division shall be the Chief of Police. The Police Division shall be composed of the Chief of Police and such other officers, patrolmen and employees as the City Manager may determine. The Chief of police shall cJL appoint his own assistant from the ranks of the organization. Ihm 4hleftshell_ have immediate direotion and control of the Police Division, subject to the zapervision of the City Manager, and also subject to suoh rules, regulations and orders as the City Manager may prescribe, not inconsistent with the ordinances of the city, and shall promulgate all orders, rules and regulations for the government of the polioe force. Be shall devote his entire time to tbo.discherge of his official duties unless granted a written leave of absence by the City Manager. His office shall be kept open at all hours, day and night, and either he or his subordinates shall be in constant attendance at such office. la case of the disability of the Chief of Police by reason of sickness, absence from the City or other oauae, the Assistant Chief shall perform the duties of the Chief of Police, but he shall receive no additional compensation. SECTION Ito. The members of the Police Division, other than the Chief of Police and the Assistant Chief, shall be selected from the list of eligibles prepared by the Civil Service Commission, provided that in case of riot or emergency the City Manager, or the Chief of Police, may appoint additional patrolmen and officers for temporary service, who need not be in the olassified service. Each member of the Police Division, both rank aid file, shall have issued to him a warrant of appointment signed by the City Manager in which the date of his appointment shall be stated and suoh shall be his Commission. Eaoh member of the Police Division shall, before entering upon his duties, subscribe to an oath that he will faithfully, without fear or favor, perform the duties of his office, and such oath shall be filed and preserved with the records of said Division, and, in addition, the several officers of said force shall, if so required by- the Counoil, give bond in -15- such penalty and with such security as the Council may be Ordinance prescribe. SECTIONi)y1. Ho persona, except as otherwise provided by general law or the Charter, or the Ordinances passed in pursuance thereof, shall act as special police or special detectives, except upon written authority from the City Manager. Suoh authority when conferred shall be exercised only under the direction and control of the Chief of Police and for the time specified in the appointment. SECTIO1 L12. The policemen aonetituting the Police Division of. . the City of Corpus Christi shall be, and they are hereby invested with all the power and authority given to them as peace officers under the laws of the State of Texas in taking cognizance of,'end in enforcing the criminal laws of the State and the Ordinances end Regulation of the City within the limits of the City, and it shall be the duty of each suoh policeman to use his beat endeavors to prevent the commission within the City of offenses against the laws of said State and against the Ordinances and Regulations of said City; to observe and enforce all such lgws, ordinances and regulations; to detect and arrest offenders against the same; to preserve the good order of the City and to secure the inhabitants thereof from violence, and the property therein from injury. Such policemen shall execute any original warrant or warrants of ar- rest, or any writ, subpoena or other process that may be placed in their hands by the duly constituted authorities of the City. Ho policeman shall receive any fee or other compensation for any service rendered in the performance of his duty other than the salary paid him by the City, nor shall he receive a fee as a witness in any case arising under the criminal laws of this State or under the Ordinances or Regulations of the City and prosecuted in the Corpora- tion Court of the City or in any Criminal Court in Nueoes County. Subjeot to the direction of the City Manager, the Chief of Police shall have control and management of the city jail and all other places of oonfinement, and the enforcement of all'regulations pertaining to the humans oontrol. SECTION h3. The Chief of Police shall prescribe the uniforms and badges for the members of the police force and direct the manner in which the members of the police force shall be armed. Any person other than a member of said force who shall wear such a uniform or badge as may be prescribed, as - 16 - aforesaid, shall be aubjeoted to auoh fine as maybe presoribed by the Council by proper Ordinance. SECTION /44. The Chief of Police shall have the right to sus- pend any of the officers or employees who may be under his jurisdiction and oontrol for inoompetenoe, negleot of duty, immorality, drunkenness or failure to obey orders given by the proper authority. If any officer or employee be suspended, as herein provided, the Chief of Police shall forthwith comply with Civil Service rules and regulations of the present City Charter. SECTION 45. The Head of the Fire Division shall be the Firs Chief. He shall be an experienced fireman. The Fire Division shall be composed of the Fire Chief, the Fire Marshal ". and such other officers, firemen and employees as the City Manager may determine. The Fire Mar- shal shall be appointed by the City Manager and shall perform auoh duties as are delegated to him by the city Manager and City Council. The Fire Chief shall appoint his awn assistant or assistants from the ranks of the organization. The members of the fire force other than the Fire Chief and his assistant or assistants, shall be appointed from the list of eligibles prepared by the Civil Service Commission, provided, however, that incase of riot or conflagration or emergency, the Direotor of Public Safety or the Fire Chief may appoint additional firemen and offioera for temporary service who need not be in the olassified service. The Fire Chief shall have exclusive control of the stationing end transfer of all firemen and other officers and employees constituting the fire force, under such rules and regulations as maybe established by the Director of Public Safety, to whom the Fire Chief shall be immediately responsible, or according to the Ordinances of the City. blouse of the absence or death of the Chief, the First Assistant Chief shall assume charge of the Division, but he shall re- ceive no additional oompensation. SECTION 46. The Fire Chief shall have the right to suspend any of the officers or employees who may be under his oontrol land management, for iacsmpetenoe, negleot of duty, immorality, drunkenness or failure to obey orders given by the proper authority. If any officer or employee be suspended as herein provided, the Fire Chief shall comply with Civil Service provisions of the present City Charter. -1y- SECTION 147. The Director of Azblio Safety or the City Manager shall classify the fire servioe of the City in conformity with the Ordinanoe of the Counoll concerning the number of persons to be employed therein and shall make rules for the regulation and discipline of such servioe. SECTION 148. When any building in the City is on fire, it shall be lawful for the Direotor of Publio Safety or the Fire Chief, with the o mour- reaoe of the City Manager, or in his absence, that of the Mayor or two of the Counoilmen, to direot each building or any buildings, to be torn down, blown up or destroyed, and no action shall be maintained against any person or against the City therefor; but any person interested in any building so destroyed or injured may within six months, and not thereafter, apply in writing to the Counoil to assess and pay the damages be may claim to have sustained; and if the Council and the claimant cannot agree upon the terms of adjustment, then the application of such olaimant shall be referred for decision to three dis- interested arbitrators, one to be appointed by the claimant, one by the Council and the third by both arbitrators selected as aforesaid, and the deoision of the majority thereon shall constitute the award in the case. The arbitrators shall be sworn to faithfully execute their duties according to the beet of their ability; shall have power to subpoena and administer oaths to witnesses; to give all parties a fair and impartial hearing; and give reasonable notioe be- forehand of the time and place of the hearing. Said arbitrators shall be qual- ified voters and owners of real estate within the City. They shall take into account the probability as to whether the said building would have been des- troyed by fire if it had not been pulled down and destroyed; the lose of in- surance upon the said property, if any, caused by the pulling down, blaring up and destroying of suoh building, and may report that no damages. should equitably be allotted to such olaiment. Whenever suoh report appraising said damages shall be made and finally confirmed by the Council, a compliance therewith by the Council shall be deemed full satisfaction of said damages. SECTION 149. The Fire Chief and his assistants are authorised to exercise the powers of police officers while going to, attending or returning from, any fire or alarm of fire. The Fire Chief and eaoh of his assistants, and eaoh and every member of the Fire Division shall have issued to him a -18- warrant of appointment and such warrant shall be his commission. The Chief of the Fire Division shall prescribe the uniform and badges for the members of the Fire Division. DEPARTMENT OF PUBLIC WORKS SECTION 50. The Director of Public Works shall, under the direction and control of the City Manager, have charge of the Department of Public Works 'which shall include the Engineering and Construction Division; Garbage and Incineration; Street Maintenance, Construotion and Cleaning; and Wharves and Piers. Before entering upon the duties of his office, he shall be required to make bond in some responsible surety oompany. acceptable to the Council for such amount as the Oounoil may prescribe. conditioned for the faithful performance of the duties of his office, the premium of which bond shall be paid by the City. SECTION 51. The head of the Engineering and Construction Division shall be an engineer, at least 30 years of age. licensed as an engineer under the laws of the State of Texas. He shall be appointed by the City Manager and be responsible to the Director and the City Manager for the faithful performance of his duties. He shall be an ex officio member of the City Zoning and Planning Commission. He shall be the custodian of. and responsible for, all maps, plans. profiles. field notes and other records and memoranda belonging to the Oity pertaining to his office and the work thereof. and which he shall keep in proper order and condition. with full indexes thereof. and shall turn over the same to his successor who shall give his duplicate receipts thereof, one of which he shall file with the City Controller. •All maps, plans, profiles, field notes, estimates and other memoranda of professional work done by him, or under his direction and control during his term of office shall be the property of the City. He shall have direct,supervision and charge of the planning, opening. construction. paving maintenance and repair of all street'', boulevards, alleys, sidewalks, and public ways and all other public improvements. and construction and repair of water and gas pipe lines. the•oorporation yard and warehouse. and the oleaning and sprinkling of streets; also the construction, maintenance, repair and operation of all public buildings belonging to. or used by the City; of the inspection of all buildings and the issuing of permits for building operations in accordance with tho rules and regulations which may be prescribed by ordinance He shall have charge of the inspection of all plumbing and electric wiring within the City and shall enforce the rules and ordinances of the City respecting the same. He shall receive such compensation as shall be prescribed by the City Manager and. before entering upon the duties of his office, he shall be required to make bond in some responsible surety company acceptable to the Council for such amount as the Council may prescribe. conditioned upon the faithful performance of the duties of his office, the premium for ouch bond to be paid by the City. SECTION 52. The Director of Public Works shall have Charge of the automobile mechanics and machinists in the employ of the City and the enforcement of all rules and regulations pertaining thereto. He ehall be an ex officio member of the City Zoning and Planning Board and the Park Board. He shall have charge of the execution of the ordinances, contracts and regulations of the City with regard to the disposal of the City's garbage and the operation of the City Incinerator and shall perform such other duties relating to his department as may be required of him by the City Manager or by City Ordinance. SECTION 53. It shall be the duty of the Director, subject to the approval of the City Manager, to furnish to any other department of the City such eervloea, labor and materials au may be requisitioned by the head of eurh department. The expense of such service, labor and materials shall be charged to the department so furnished at actual cost. DEPARTMENT OF PUBLIC HEALTH SECTION 56. The Department of Publio Health shall be divided into two Divisions, the Health Division and the Welfare Division. The Health Division shall include the sanitation of the Parks and Reoreation Facilities and the Public Buildings, the City Hospitals and the Venereal Disease Clinic. The Direotor of Public Health ehall. under the dirootion and control of the City Manager. have charge of the administration of the Public Health and Welfare Divisions and the enforcement of all laws and regulations relating thereto. SECTION b5. The Director of Public Health shall have charge and control of the work of protecting and preserving the publio health. He shall have supervision and control of all free clinics and hospitals operated exclusively by the City. -20- SECTION 56. The Director of Public Health shall be a licensed physician or graduate of a recognised school of public health. He shall enforoe the laws of the State, the provisions of the City Charter and Amendments, thereto and all Ordinances relating to publio health, and shall make rules and regulations for preserving and promoting the public health. He shall, from time to time, direct inspection of every part of the oity and its environs with a view of maintaining sanitary conditions, and for such purpose may enter in the day- time any publio building or premises, and may enter private buildings or premises within the oity after reasonable notice to the owner,or occupant. thereof. Be shall inspect dairies, milk, meat and all foods kept and offered for sale to the public, and all water supplies, and shall enforce the Pure Food Imes. He shall inspect all commodities intended for human consumption, and the production, storage and sales thereof, including the sanitary conditions and cleanliness of all places and premises wherein the same are produoed, kept or offered for sale, and including the healthfulness, cleanliness and sanitation of all methods, praotioee, persons and things relating thereto; and ho may in the manner provided by ordinance condemn all auoh commodities found unfit for human consumption and direct the disposition thereof. He shall investigate and take measures, including the exercise of the power of quarantine and detention, to prevent the development and spreading of contagious diseases, and, if necessary to the publio health and safety, may order the destruction of animals suffering from any contagious or infectious disease and may disinfect or order destroyed buildings within which they have been sink with any such disease. He shall regulate the sanitary oondition of all morgues, cemeteries, orematories and burial places within the limits of the city, and the disposition of the dead bodies of persons and animals. He shall provide for, and require, the registration of births and deaths occurring within the city. He shall perform such other duties and possess such powers as shall be prescribed by city ordinance. SECTION 57. whenever it shall co® to the knowledge of the Director of Public Health that any malignant, infectious or oontagious disease or epidemic is prevalent in the pity ar probably will became so, or in case of publio -21- oalamity arising by reason of flood, hurrioane, tornado, or fire or other dieaster, he shall have the power to take all steps and use all measures necessary to avoid, suppress or mitigate such disease and relieve distress canoed by flood or resulting fry tornado, hurrioane. fire or other disaster. SECTION 58. The Direotor of Public Health shall have power, when- ever in his opinion a nuisance detrimental to health exists, to canes the same to be abated or removed. SECTICM 59. The Director of Fublio Health and other regularly appointed employees of said department shall have the right and power to arrest any person or persons who may violate any ordinance at' general law relating to the maintenance of the publio health and sanitation of the City. They shall have authority to administer oaths and to require the giving of sworn teatimony in matters conneoted with the Department of Publ- io Health. SECTION 60. The Direotor of Pnblio Health shall make monthly reports to the City Manager and to the City Counoil, and may at any time be required either by the City Council or the City Manager, to make apeoial reports concerning the health and sanitation of the City, with his observa- tions and reoomnendationa thereon, together will all etatiatios concerning the department. SECTION 61. The Director of Public Health shall be required in make bond in some responsible surety comps y, acceptable to the Council for such amounts as the Council may prescribe, oonditioned for the faithful performance of the duties of his office, the premium of whioh bond shall be paid by the City. SECTION 62. The City Manager shall make adequate provision in eaoh annual appropriation for the setting apart of a auf£ioient fund to enablethie department to function efficiently. SECTION 63. The Head of the Welfare Division shall be a person trained and experienced in public welfare work. The Welfare Division shell consist of such subdivisions as may be created by ordinance. Said Division shall have charge and supervision of all public charities of the City and all correctional work in connection with the jail and hospitals. SECTION 64. The Bead of the Welfare Division shall be required to make bond in some responsible surety company, acceptable to the Council, for such amount as the Council may prescribe, conditioned for the faithful performance of the duties of said offioe, the premium of which bond shall be paid by the City. SECTION 65. The Director of Public Health shall engorge all ordi- nances regulating public amusements end recreations of all k{neq; ;xhethei publicly or privately operated, including dance hells, or places where public dancing is permitted, theatres, moving picture shows, amusement parks, cab- arets and all other places of public amusement and reoreation not herein en- umerated. Said Director of Public Health shall have charge of the operation of public play grounds, bathing beaches, swimming pools, wading pools, grounds or buildings for games or sports and other recreational facilities, but shall have no supervision over school grounds. Nrhen such reoreational grounds are on property controlled by the Park Board, such operation shall be subjeot to rules and regulations of the Perk Board concerning such use. DEPARTMENT OF PUBLIC UTILITIES SECTION 66. The Director of Publio Utilities shall, under the dir- ection and control of the City Manager, have bharge of, and general supervision over, all public utilities operated within the City, including the City owned water, gas and sewerage systems, also all airports and airport facilities. SECTION 67. The Mater and gas and sewerage systems, mains, filtra- tion plants, reserviore and other facilities directly connected therewith, and all plants, properties and appliances incident to, or connected with, the oper- ation of the City water and gas and sewerage systems or any extension thereof, shall be operated by a Superintendent thereof. No one shall be appointed Superintendent who has not had at least two years' previous experience in the operation or management of a like department in a City similar in size or grade to Corpus Christi, provided a person of such qualifications shallbe available, and, if not, some competent and experienced mechanical or civil engineer who has had training and experience fitting him for the operation of a department of this character. -23- SECTION 68. It shall be the duty of the Director of public Utilities to make such reports and recommendations to the City Manager relating to the various divisions of his department concerning the conduct and operation thereof at such times as he may deem necessary or the City Manager may require. SECTION 69. The Director of Public Utilities shall enforce all rules and regulations of his department and shall required efficiency of public service and require all persona or oorporations to discharge the duties and undertakings for the performance of which the respective franchiees were made.. and perform such other duties as may be delegated to him by the City Manager and the City Council. SECTION 70. The City of Corpus Christi shall have power to acquire or own, within or without the City of Corpus Christi. either by purchase. donation. bequest, eminent &main or otherwise, all property that may be necessary for the purpose of establishing, maintaining and operating an airport or airports and a landing field or landing fields, radio beams, beacons, and other apparatus and facilities incident and necessary thereto, and to provide for the aocomodation of United States all planes and other aerial machines, and to make suitable charges therefor. The ownership, maintenance and operation of such airport and landing field shall be deemed a municipal purpose, and the City shall pass suitable ordinances providing for fees to be'collected and other charges to be made in the operation of such airport and field, and shall have full authority thereover. The City Manager shall have the authority to appoint an Airport Manager and his assistants and to make such rules and regulations for the operation of the Airport as he may deem proper and necessary. SECTION 71. The City Manager is authorized to require any grantee of a franchise from the oity to furnish under oath of the grantee or a duly authorized agent not later than the 1st day of March of each year an annual report in writing of its operating revenues and expenses, its financial condition, and the value of its property on the last day of the previding calendar year. in such form and containing such data as may be prescribed by the Director of Public Utilities; provided, however, that such reports and the results of the examination of books, papers, accounts, inventories and the physical properties of such grantee shall never be used by -24- spy department of the City Government, except the department of Publio Utilities and the Counoil improper relation to the regulation of the rates and service of suoh Grantee, and shall never be made available to anyone else for any purpose whatsoever, and provided further that no ordinance shall be passed by the City Counoil forfeiting the franchise of a Grantee for failure to file such report or permit suoh examination, except on due notice and hearing. SECTION 72. The Director of Public Utilities shall be empowered to regulate and control any omnibus oompony or individual engaged in transporta- tion of passengers for hire, public or private, operating within or into the City, and may designate the routes and stops to be made within the City. He shall recommend to the City Manager from time to tine such rules and regulations ooaoerning their operation as he may deem to the beet interest of the public; and shall have power to require proper security and insurance from suoh carriers against public liability or damage. LEGAL DEPARTMENT SECTION 73. The Director of the Legal Department shall, under the direction and control of the City Manager, have charge of the legal affairs of the City. He shall have been a resident oitisea of Corpus Christi for two years, shall be at least thirty years of age, and a regularly licensed attorney and shall have been admitted to the practice of law in the State of Texas for a period of at least five years immediately prior to his appointment and shall be ]mown as the City Attorney. He shall be appointed by the City Manager. SECTION 74. The City Attorney shall represent the City in all litigation and controversies. The City Attorney shall approve, in writing all proposed ordinances before they are paused, and contracts to be executed, or file with the City Manager and City Council his objections thereto. He shall approve the form and execution of all insuranoe policies issued to the City and the bonds of all officers and employees, or file his objections thereto with the City Manager and the City Council. He shall be the legal adviaor of the City Manager, City Council, Boards, Committees and all officers and employees about matters pertaining to their official dutiee or the affairs of the City. - 25 - SECTION 75. When it shall be brought to the attention of the City Attorney by the affidavits of ten credible persons, or otherwise, that any grantee of a franchise or privilege Pram the City has been guilty of a breach of any condition thereof, or has - failed to oomply with the material terms and stipulations thereof, it shall be his duty to investigate euoh oomplaint and report the faota to tye City Council. If the City Counoil shall deem euoh complaint well founded, the City Attorney shall carry out the Counoil's instructions and in the event the said grantee shall oontinue in default, he shall institute suit against euoh grantee for a judgment of forfeiture of euoh franohise or privilege and any other or additional judg- ment proper in the premises. The City Attorney shall see that all penal ordinances of the City are impartially enforced. SECTION 76. The City Manager may appoint such assistants to the City Attorney, upon his request therefor, as he may deem necessary. Each of such assistants shall be practicing lawyers, resident in the City. SECTION 77. No oontraot shall ever be made for the collection of delinquent taxes, but sane shall be oollsoted by the City Attorney and no special fee ,hall be paid No contract for the employment of private counsel ,hall be made by the City, except upon the request in writing of the City Attorney stating the necessity therefor and with the oonaent of the City Manager, and such employment shall not be a general retainer but only for professional services in specific litigation or particular mat- ters set forth in the request of such employment. SECTION 78. The powers of thin Charter Amendment conferred upon the City Manager and heretofore exeroiaed by the City Counoil or the Mayor and Commissioners, or either of them, are hereby denied to the City Council, the Mayor and Commissioners, or either of them, and are hereby vested in the City Manager, and all of the provisions of the present City Charter, insofar as they are in conflict with this Charter Amendment, are hereby repealed. SECTION 79. All provisions of the present City Charter of Corpus Christi as it existed dune let, 1945, in oonfliot with this Article of this Charter Amendment are hereby repealed. SECTION 80. If any clause. provision, section or part of this Article shall be held to be un000etitutional or invalid, such judgment shall not invalidate any other term or provision of this d- tiole. ANSWER -27- YES NO SECOND PROPOSITION AMENDMENT N0. 2 Shall the Charter of the City of Corpus Christi be amended by incorporating therein the following as Sections 20- 21 -22, under Article II of said Cbartert AUTHORITY TO 1NviSTIGATE AND RENEGOTIATE CONTRACTS SECTION 20. Upon the adoption of this Charter Amendment, the City Manager is authorized to inquire into all contracts heretofore entered into by the City, covering work or services to be performed for or material, goods and supplies to be furnished to, the City, and he is hereby empowered to terminate or renegotiate any and all such contracts, in whole or in part, in such manner and upon such basis as in his judgment the best interests of the city shall require. SECTION 21. A11 provisions of the present City Charter of Corpus Christi as it existed June 1st, 19L5, in oonfliot with this Article of this Charter Amendment are hereby repealed. SECTION 22. If any clause, provision, section or part of this Article shall'be held to be unconstitutional or invalid, such judgment shall not invalidate any other term or provision of this Article. ANSWER YES NO THIRD PROPOSITION Amendment No. 3 • 8ha11 the first clause of the second paragraph of Section 2, Article I of the Charter of the City of Corpus Christi, which clause reads as follows; 'Whenever a majority of the resident voters of any territory adjoining the City, regardless of its area, shall petition the City Council for admission into said City, the Council may order an election within the territory proposed to be admitted, and if, at such election, a majority of the voters shall vote in favor of becoming a part of the City, the Coun- cil, if it deems such action to the beet interest of the City, may, by ordinance, receive the same as part of the City be amended to hereafter read ae follows; ANNEXATION . The City of Corpus Christi is empowered to annex ad- joidng territory in the following manner: Upon a majority vote of the City Council, the question of annexation of a given territory adjoining the li- mits of the City of Corpus Christi shall be submitted to the qualified vo- ters of the City at an election duly celled for such purpose, and if a ma- jority of the qualified voters of the City favor the annexation of such territory, the same shall be annexed by Ordinance of the City Council. Such question of annexation of any given territory adjoining the City &hall be submitted to the qualified voters of the City upon: (a) The recommendation of the Zoning and Planning Board of the City; or (b) Petition presented to the City Council signed by at least five hundred qualified voters of the City; or (c) Petition signed by ten percent of the qualified voters residing in the territory to be annexed. .. All provisions of the present City Charter of Corpus Christi au it existed on June let, 1945, in conflict with this Article of this Charter Amendment are hereby repealed. ._<. ..�.. .. If any clause, provision, section or part of thin Ar- ticle shall be held to be uncanatituional or invalid, such judgment shall not invalidate any other term or provision of this Artiole Answer YES NO . FOURTH PROPOSITION Amendment No. ly Shall the Charter of the City of Corpus Christi be amended by incorporating therein Article X -a providing for a "Park Board" as follows; ARTICLE X-a PARR BOARD SECTION 1. There is hereby created a Park Board to consist of five mothers possessing the same qualifications and aubjeot to the same disqualifications provided by the Charter for Councilmen or,members of such other governing body of the City of Corpus Christi as may be provided by the Charter or general laws of the State of Texas, and shall servo with- out compensation. All members of the Park Board shall be appointed by the City Council. Members are to be appointed for a term of two years and shall serve until their successors are appointed and qualify. The Board shall elect a Chairman and adopt by -laws to govern its operations in cooperation with the City Manager and the City Council., SECTION 2. The Park Board shall have supervision over all public perks and the buildings therein, public outdoor recreation areas and centers and any other grounds placed under its supervision by the City Manager. SECTION 3. The City Manager shall have the power to appoint and employ a Park Superintendent who is a graduate of a recognized school of Horticulture and Landscape Art. Planning of park development, landscaping, equipment and maintenance shall be the duty of the Park Superintendent. The Park Superintendent shall submit for approval to the Board and to the City Manager an outline for the constitution of his staff, including such assis- tants, employees and laborers as in his opinion are needed for the proper conduct of his department and an operational policy and budget. After ap- proval, the Board shall aot in an advisory capacity to the City Manager. SECTION i}. Additional parka if selected by the Board shall be aubjeot to approval by the City Zoning and Planning Commission and the City Manager and City Counoil, and appropriation of money by the City Council before such land is acquired as by purchase, gift or condemnation. SECTION 5. The Park Board shall submit an annual budget to the City Manager. - 30 - SECTION 6. All provisions of the present City Charter of Corpus Christi as it existed on June 1st, 19145, is conflict with this Article of this Charter Amendment are hereby repealed. SECTION 7. If any clause, provision, eeotion or part of this Article shall be held to be udconstitutional or invalid, such judgment shall not invalidate any other -tarsi or provision of this Article.. ANSWER YES NO -31- FIFTH PROPOSITION Amendment No. 5 Shall Section I%, Article X of the ''harter of the City of Corpus Christi be amended by adding thereto the following provisions; ZONING AND PLANNING COMMISSION The employed personnel and all members of the staff of the Zoning and Planning Commission shall, subject to the approval of the Commission, be appointed by the City manager and shall be subject to removal by him under the same oonditione as set out for appointment and removal of other city employees inoluding employees under Civil Service requirements. The annual budget for the Zoning and Planning Commission shall be prepared by the Commission and be submitted for approval to the City Manager in -the manner of the submission of budgets of other departments. All provieione of the present City Charter of Corpus Christi as it existed on June lat. 1945, in oonfliot with this Article of this Charter Amendmment are hereby repealed. If any clause, provision, section or part of this Article shall be held to be unconstitutional or invalid. such judgment shall not invalidate any other term or provision of this Artiole. YES NO SIITH PROPOSITION AMENDMENT N0. 6 Shall the Charter of the City of Corpus Christi be amended by incorporating therein Article % -b providing for "Advisory Boards" as follows: ARTICLE X-b ADVISORY BOARDT SECTION 1. The City Council shall have the authority to appoint an industrial and Airport Board consisting of not more than five members, which Board shall be an Advisory Board to the City Council, and its duties shall be to investigate and recommend to the Council such projects as in its opinion would be advantageous to the future growth of the City and to assist the City in the establishment and location of industries, and the crdation and establishment of adequate airport facilities in the City, and to perform such further duties as may be requested of such Board by the City Council. The members of such Board shall serve without pay, but the City Council /hall have the authority to appropriate such sums of money as may be necessary to defray the expenses of such Board in the performance of its duties. SECTION 2 . All provisions of the present City Charter of Corpus Christi as it existed on June lot, 1945, in conflict with this Article of this Charter Amendment are hereby repealed. SECTION 3. If any clause, provision, section or part of this Article shall be held to be unconstitutional or invalid, such judgment shall not invalidate any other term or provision of this Article. ANSWER YES N0. -33- SEVENTH PROPOSITION AISN1i1!ENT NO. 7 Shall Section 17 of Artiole 12 of the Charter of the City of Corpus Christi be amended so as to hereafter read as follows: SECTION 17. Upon the adoption of this Charter Amendment, the respective terms of office of all persons heretofore appointed to any office, Hoard or Coammtssion, by the City Council by authority of the present City Charter, shall terminate and expire; such persons, however, may serve in their respective capacities until their successors have been appointed and qualified in accordance with the provisions of said Charter as amended by this Charter Amendment. All provisions of the present City Charter of Corpus Christi as it existed on June 1st, 1945. in conflict with this Article of this Charter Amendment aro hereby repealed. If any clause, provTSionr- section or part of this Artiole shall be held to be unconstitutional or invalid, such judgment shall not invalidate any other term or provision of this Article. -314- SECTION 3. Said eleotion shall be held in the City of Corpus Christi, Texas, at the following plaoee, and the following named persona are hereby appointed judges and officials of said election. CITY PRECINCT NUMBER ONE Faeces County Courthouse John Adams Presiding Judge Mrs. D. E. Cornett As siatent Judge Mies Florence Adams Clerk CITY B?ECINCT NUMBER 570 City Hall Mies Gertrude Dreyer Presiding Judge Mrs. Wm. Biggio Assistant Judge Mrs. Charles Epley Clerk CITY PRECINCT NUMBER THREE H. H. Edwards Building, 204 Mesquite St. Charles Bertoh Presiding Judge Mies Van Pellegrino Assistant Judge Mrs. W. E. Corley - Clerk Mrs. A. R. Yeargan Clerk Mrs. C. E. Bertoh Clerk CITY PRECINCT NUMBER FOUR Cheston Heath School, Meatina & Carrieo Streets, East Entrance Mra. Florenoe Gallagher Presiding Judge Mr. R. E. Gallagher Assistant Judge Mr. T. J. Pereira Clerk Mrs. J. W. Crooker Clerk Mrs. A. C. Wolfe Clerk Mies Pearl Moore - Clerk Miss Elisabeth Rickey Clerk CITY PRECINCT NUMBER FIVE Solomon Coles Gym. Adjacent to West Entrance, 924 Winnebago Street T. J. Dineen Presiding Judge Olive Dineen Assistant Judge H. D. C. Gossett Clerk George Peters Clerk Mre. Annie Dorsey Clerk X CITY PRECINCT NUMBERS= Shelys Garage 10221 Third Street D. M. Shely Presiding Judge R. C. Newman Assistant Judge Elizabeth Newman Clerk Vera Holmes Clerk Joephine Shely Clerk CITY ISECINC'T HUMBER SEVEN Harrell's Garage, 1201 Second Street Charles Runok Presiding Judge Mrs. W. J. Graeff Assistant Judge Mrs. F. L. Alexander Clerk - CITY PRECINCT NUMBER EIGHT Central Churoh of Christi, 1610 Lawnview Street Nick Bluntzer Presiding Judge Mre. Lewin H. Jones Assistant Judge Mies Bertah Atkinson Clerk Mre. F. H. Underwood Clerk CITY PRECINCT NUMBER NINE Monger Sohool, 2209 Alameda Street Otis McNabb Presiding Judge Mrs. Otis McNabb Assistant Judge Mra. Henry MoGregor Clerk Joe M. Hargis Clerk J. E. Rhodes Clerk CITY PRECINCT HUMBER TEN R. B. Fisher School, East Entrance, Minnesota & Fort Worth Streets Almer Stewart - Presiding Judge Mr. Joe Boggs Aasiatelt Judge Lynette R=Mon Clerk J. L. J0008 Clerk CITY PRECINCT NUMBER ELEVEN Cnrpue Christi Junior College, North Entrance, 101 Baldwin Blvd. Mary A. Elliott Presiding Judge Lylah Maud Johnston Assistant Judge Lillian M. Barnes Clerk Lula A. Peters Clerk Eloise Lindsey Clerk CITY PRECINCT HUMBER TWELVE Wynn Seale Jr. High School Auditorium, 1707 Ayers Street, North Entrance S. E. Green Presiding Judge Mrs. Carl Crow Assistant Judge Mrs. G. E. Meisenheimer Clerk Mrs. E. H. Andrews Clerk Mre. J. E. Douglas Clerk CITY PRECINCT NUMBER THIRTEEN Morgan Street Fire Station, 1401 Morgan Street A. M. Jones Presiding Judge Mrs. Ed Summers Assistant Judge Mre. Nelson C. Oliver Assistant Judge Mra. R. 0. Cook Clerk Mrs. J. T. Tyson Clerk Clifton Lewis _ Clerk Mrs. A. L. Sears Clerk CITY PRECINCT NUMBER FOURTEEN Edward Furman School, Room 1, 1115 Chamberlain Street Mrs. E. B. Pore Presiding Judge Mre. Robert Pinson Assistant Judge Mre. T. E. Sparks Clerk Mrs. H. H. Rambo Clerk CITY PRECINCT NUMBER FIFTEEN Community House. 318 16th Street Mrs. Stella P. Luna Presiding Judge Miss Evangslina Garza Assistant Judge Mre. C. L. Wilmot Clerk Mre. H. G. Medina Clerk CITY PRECINCT NUMBER SIXTEEN A. R. Faloon Mrs. M. L. Shepard Mrs. George Silvaa Mrs. Vicky Morales Dlia Olivarez Mrs. A. C. Buse Mrs. 0. C. Chandler Leopard Street Fire Station, 1829 Leopard Street Presiding Judge Aeeietant Judge Clerk Clerk Clerk Clerk Clerk CITY PRECINCT NUMBER SEVENTEEN City Market, 1302 Leopard Street Tam Whelan Presiding Judge Frank Stevens Assistant Judge Nellie Whelan Clerk R. E. Knox Clerk Mrs. D. A. Gribben Clerk Mrs. Ton Whelan Clerk CITY PRECINCT NUMBER EIGH1ao} Breezes Church of the Nazarene Peabody and Buffalo Streets Mrs. R. D. Eliff Presiding Judge Mrs. Walter Vettere Assistant Judge Mrs. M. L. Harrison Clerk Mrs. G. M. Connell Clerk Mrs. R. L. Yager Clerk CITY PRECINCT NUMBER NINETEEN Robert Drieooll Jr. High School, East Entranoe, Old Robstosn Road Charles Y. Meyere Presiding Judge lire. Charles Meyers Assistant Judge Mrs. George Lwman Clerk R. J. Victor Clerk Florence Hinter Clerk CITY PRECINCT NUMBER T1 1 Y Civilian Defenee Depot, Naeoes Bay Boulevard and Leopard Street George Calliooate Presiding Judge Mrs. Richard Moore Assistant Judge Mrs. H. A. Tyoer Clerk Mrs. L. F. Teoheidel Clerk CITY 1 RCINC£ HUMEER TWENTY -018 M. G. Flynn Mrs. A. $. Tuoker Breakers Hotel, 3614 Hamilton Road Presiding Judge Assistant Judge The presiding judges shall be authorised to eeleot euoh clerks or other assistants provided by law, as maybe deemed neoessary and said eleo- tion shall be held in a000rdanoe with the provisions of law relating to election for the submission of amendments to munioipal charters and the general laws of the State of Texas shall be observed insofar as they are ap- plioable. The polls shall be open £ram eight o'clock A. M. until seven osclook F. M. om said date of the election. SECTION 4. A copy of this Ordinance signed by the Mayor of the City of Corpus Cbriati. Texas, shall constitute the notice ordering said election, and the Mayor is direoted to cause a copy of this Ordinanoe, signed by him, to be posted at the City Hall, and at eaoh of the polling planes in eaoh pre - oinat not less than fifteen (15) days prior to said eleotioa, and to have a copy 'of this Ordinance published in the Corpus Christi Frees, the offioial newspaper of the City of Corpue Christi, Texas, it being a newspaper of general circulation, published within the City of Corpus Christi, caidpublioation to be made on the same day in eaoh of two (2) euooeasive weeks prior to 'the date of the election, and the date of the first publioation to be not less than fourteen (14) dayeprior to the date of said election. SECTION 5. The fact that the laws of the State of Texaa require the submission of euoh amendmente within a oertain period of time= and the fact that there are certain requirements set up by the less of the State of Texae in regard to publication, and the further fact that the law requires a copy of all euoh amendments to be mailed to eaoh qualified voter of the City, and the further fact that it is impossible to complete all of the requirements of the law within the period elloted if this a dinanoe is read at three aeveral meetings of the City Council, create a publio emergency and an impera- tive public neoeesity requiring the suspension of the Charter rule or require.. X meat that no ordinance or resolution shall be passed finally on the date it is introduced, and that auoh ordinance or resolution shall be read at three several meetings of the City Council, and the Mayor having deolared in writing that such public emergency and imperative neoesaity exist, and having requested that suoh Charter rule be euependad, and that this Ordinoe be passed finally on the date of its introduction and tale effect and be in full force and ef- fect from and after its passage. IT IS ACCORDINGLY SO ORDAINED. PASSED AND APPROVED thia.24 ,/Of August, A. D., 19145. APPROVED AS TO LEGAL FORM: 'r �M CA4 Attorney. Corpus Christi, Texas TO THE MIMEO OF THE CITY COUNCIL OF THE CITY CF CORIUS CHRISTI Corpus Christi. Texas Gentlemen: For the. reasons set forth in the emergency clause of the foregoing Ordinsnoe, a publio emergency and an imperative neoesaity exist for the suspension of the Charter rule or requirement that no Ordinance or Resolution shall be paaeed finally on the date it is introduced and that euoh Ordinance or Resolution shall be read at three several meetings of the City Council; I, therefore, hereby request that you enepend said Charter rule or requirement and pass this Ordinanoe finally on the date it is introduced, or at the present meeting of the City Counoil. The Charter rule was suspended by the following vote, Roy L. Self ,f144— B. G. Moffett ' R. R. Rambo N. C. Hook N. B. Marriott The above Ordinanoe was passed by the fo1 owing vote, Roy L. Self B. G. Moffett R. R. Rambo N. C. Beok N. B. Marriott July 30th, 1945 TO TEE HONORABLE CITY COUNCII. OF CORPUS CHRISTI. TEXAS GENTLEMENs Your Charter Commission, in accordance with the duty with which you have charged it. has sow completed its work and submits herewith an Amendment to the Charter of the City of Corpus Christi providing for Council- blannger form of government, as well as certain other Amendments to such Charter. Your Charter Commission has attempted to faithfully discharge its duties and. in framing the Amendment providing for Counoil4lanager form of government, it followed generally the Dallas City Charter with certain ohangee where we thought an improvement could be made. We believe that the Amendment proposed is an improvement over most city charters providing for Council- Manager form of government and that the same is workable and will give to Corpus Christi, if adopted. the most efficient Council- Manager form of government possible. In framing this Amendment. your Charter Commission diligently considered the charters of some ten different cities having Council- Manager form of government. We have proposed and submit herewith certain other Amendments to our present City Charter. Such Amendments, as you will note, deal with the manner of annexation of adjacent territory, the creation of Park and Advisory Boards. authorising the City Manager to inquire into existing contracts, and certain other minor changes. In order to be of assistance to the Oounoil in the submission of such proposed Amendmeate at the election to be called for their adoption. we have prepared such Amendments in the form of Propositions to be submitted to the voters at such election. In this respect your Charter Commission has had the advice and counsel of the five members of such Commiesion who are attorneys. we have done this in order to expedite the submission of the proposed Amendments, and,. in the preparation of the official ballot all thdt will be • ,• - necessary for the Council to do is to change the headings to "PROPOSED AMENDMENTS TO THE CHARTER OF THE CITY OF CORPUS CHRISTI° 'OFFICIAL BALLOT OF A SPECIAL ELECTION HELD IN THE CITY OF CORPUS CHRISTI, TEXAS, ON , 1965.• Your Charter Commission recommends the submission to the voters at the earliest data that is possible within the provisions of the law, of the proposed Amendments hereto attached, without changes, modification or additions. Although our task has been more or lees arduous. we have enjoyed laboring together on this important matter. 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