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HomeMy WebLinkAbout04166 ORD - 03/23/1955IV6'Ac 3/15/55 AN ORDINANCE ORDERING AN ELECTION TO BE HELD IN THE CITY OF CORPUS CHRISTI, TEXAS ON THE 21ST DAY OF MAY, 1955, UPON THE QUESTION OF ADOPTING AMENDMENTS TO THE CITY CHARTER OF THE CITY OF CORPUS CHRISTI;-PROVIDING THE PLACES WHERE SUCH ELECTION SHALL BE HELD AND THE OFFICIALS TO CONDUCT SUCH ELECTION; SETTING FORTH THE PROPOSITIONS TO BE VOTED ON AT SAID ELECTION; AND DECLARING AN EMERGENCY, WHEREAS, THERE HAS BEEN HERETOFORE SELECTED AND APPOINTED A CHARTER COMMISSION FOR THE PURPOSE OF PREPARING AMENDMENTS TO THE CITY CHARTER OF THE CITY OF CORPUS CHRISTI, TEXAS; AND WHEREAS, SAID CHARTER COMMISSION DID, ON THE 214TH DAY OF NOVEMBER, 1954, 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; AND WHEREAS, SAID RECOMMENDATIONS HAVE BEEN CONSIDERED BY THE CITY COUNCIL AND PUBLIC HEARINGS HAVE BEEN HELD FOR CONSIDERATION OF SAID PRO- POSED AMENDMENTS; AND WHEREAS, ALL OF SUCH PROPOSED CHARTER AMENDMENTS AND RECOMMENDATIONS OF THE CHARTER COMMISSION IN REGARD THERETO HAVE BEEN CONSIDERED BY THE CITY COUNCIL; AND WHEREAS, PROPER AND LEGAL NOTICE HAS BEEN GIVEN BY FUBLICATION AS PROVIDED BY LAW FOR THE TIME AND IN THE FORM PRESCRIBED OF THE INTENTION OF THE CITY COUNCIL TO ADOPT THIS ORDINANCE FOR THE SUBMISSION OF SAID PROPOSED CHARTER AMENDMENTS TO THE QUALIFIED VOTERS OF THE CITY OF CORPUS CHRISTI FOR THEIR CONSIDERATION, WHICH NOTICE WAS AUTHORIZED BY THE CITY COUNCIL ON THE 9TH DAY OF FEBRUARY, 1955, AND DULY PUBLISHED IN THE CORPUS CHRISTI TIMES FOR TEN (10) DAYS COMMENCING THE 16TH DAY OF FEBRU4RV, 1955. AND THE DATE OF THE FIRST PUBLICATION THEREOF HAS BEEN MORE THAN TWENTY (20) DAYS PRIOR TO THE ADOPTION OF THIS ORDINANCE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS. SECTION 1e AN ELECTION 15 HEREBY ORDERED TO BE HELD ON THE 215T DAY OF MAY, 1955, IN THE CITY OF CORPUS CHRISTI, TEXAS, AT 'WHICH ELECTION SHALL BE SUBMITTED TO THE VOTERS WHO ARE QUALIFIED TO VOTE UNDER THE CONSTITUTION 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 OFFICIAL BALLOT FOR SAID ELECTION SHALL BE, EXCEPT FOR CAPTION AND DATE AND OTHER FORMALITIES AS MAY BE PROVIDED BY LAW FOR THE FORM OF SAID BALLOT, AS HEREINAFTER SET OUT, AND THE PROPOSITIONS TO BE VOTED ON AT SAID ELECTION ARE SET OUT ON SUCH OFFICIAL BALLOTS WHICH SHALL BE AS FOLLOWS: REVISED 316/55 PROPOSITION NUMBER I SMALL THE CHARTER OF THE CITY OF CORPUS CHRISTI BE AMENDED BY REPEALING ALL OF SECTION I AND SECTION 2 OF ARTICLE V AND BY REPEALING ALL OF SECTION 19 OF ARTICLE XII AND BY REPEALING ALL OF SECTION 6 OF ARTICLE VI AND BY REPEALING ALL OF SECTION 6 OF ARTICLE VPI. AND ADOPTING AND SUBSTITUTING TMEREFOR NEW 1 SECTIONS NUMBERED SECTION /AND SECTION Z OF ARTICLE V, SECTION 6 OF ARTICLE t VI; AND SECTION 6 OF ARTICLE VII, RESPECTIVELY; SUCH NEW SECTIONS OF SAID ART- ICLES TO READ AS FOLLOWS: V. SECTION 1. FORM OF GOVERNMENT AND COUNCIL, THE MUNICIPAL GOVERNMENT PROVIDED BY THIS CHARTER SHALL BE KNOWN AS THE COUNCIL- MANAGER GOVERNMENT ". PURSUANT TO II TS PROVISIONS AND SUBJECT ONLY TO THE LIMITATIONS IMPOSED BY THE STATE CONSTITUTION AND`BY THIS CHARTER, ALL POWERS OF THE CITY SHALL BE VESTED IN AN ELECTIVE COUNCIL i HEREINAFTER REFERRED TO AS THE COUNCIL °; WHICH SHALL ENACT LOCAL LEGISLATION; DETERMINE POLICIES, APPOINT THE CITY MANAGER, AND ' WHICH COUNCIL AND CITY MANAGER SHALL EXECUTE THE LAWS AND ADMINISTER THE GOVERN- MENT OF THE CITY. UNTIL THE FIRST TUESDAY IN APRIL, 19579 AND UNTIL THE MEMBERS OF THE COUNCIL TO BE- ELECTED ON THE FIRST TUESDAY IN APRIL, 1957P HAVE BEEN ELECTED AND QUALIFIED, THE COUNCIL SHALL BE COMPOSED OF A MAYOR AND FOUR COMMISSIONERS; AND THE PRESENTLY QUALIFIED AND ACTING MAYOR AND FOUR COMMISSIONERS SHALL COM- PRISE'SUCH COUNCIL. BEGINNING ON THE FIRST TUESDAY IN APRIL, 1957; AND THERE- AFTER, THE COUNCIL SHALL BE COMPOSED OF A MAYOR AND SIX. .COMMISSIONERS ELECTED FROM THECITY AT LARGE FOR THE TERM PROVIDED IN SECTION Z OF THIS ARTICLE. SECTION L ELECTION AND TERM. THE REGULAR ELECTION -FOR THE SELECTION OF THE MAYOR AND THE COMMISSIONERS SHALL BE HELD ON THE FIRST TUESDAY IN APRIL IN ODD NUMBERED YEARS. THE MAYOR AND THE COMMISSIONERS SHALL EACH BE ELECTED BY THE QUALIFIED VOTERS OF THE CITY AT LARGE AND.SHALL HOLD THEIR RESPECTIVE OFFICES FOR TWO YEARS AND UNTIL THEIR SUCCESSORS HAVE BEEN ELECTED AND QUALI- FIED*' UN LESS SOONER REMOVED AS PROVIDED IN THIS CHARTER. A MEMBER OF THE COUNCIL-CEAS ING TO RESIDE IN THE CITY DURING THE TERM FOR WFIBCH HE IS ELECTED SHALL IMMEDIATELY FORFEIT HIS OFFICE. - VI. SECTION 6, VETO POWER. EVERY ORDINANCE, RESOLUTION OR MOTION PASSED BY THE COUNCIL SHALL, BEFORE IT TAKES EFFECT, BE PRESENTED TO THE MAYOR FOR HIS APPROVAL AND SIGNATURE. IF HE APPROVES ITy HE SHALL SIGN; BUT IF HE DIS- APPROVES IT HE SHALL STATE HIS OBJECTIONS THERETO IN WRITING AND RETURN IT TO Im REVISED - 3/55 THE NEXT - REGULAR MEETING OF THE COUNCIL AFTER PRESENTATION WITH HIS VETO. IF SIE DOES NOT RETURN 17 ,WITH -S UC.H DISAPPROVAL NOR SIGN IT, SUCH MOTION, ORDI- NANCE OR RESOLUTION SHALL,, UPON THE EXPIRATION OF THE TIME FOR FTS RETURN TO THE COUNCIL, BE IN EFFECT AND FORCE AS IF HE HAD APPROVED IT. IN CASE OF VETO OF ANY ORDINANCE, RESOLUTION,OR MOTION BY THE MAYOR, THE COUNCIL MAY PASS SAME OVER HIS VETO BY THE AFFIRMATIVE VOTE OF A MAJORITY OF THE COMMISSIONERS. IF THE MAYOR'S VETO IS SUSTAINED, THE MATTER SHALL NOT COME - BEFORE THE COUNCIL AGAIN WITHIN SIX MONTHS WITHOUT THE PREVIOUS WRITTEN CONSENT OF THE MAYOR. THE MAYOR MAY VETO ALL OR ANY ITEM OF ANY ORDINANCE MAKING APPROPRIATIONS BUT THE VETO SHALL EXTEND ONLY'TO THE ITEM DISAPPROVED. THOSE ITEMS WHICH HE APPROVES SHALL BECOME EFFECTIVE, BUT THOSE DISAPPROVED SMALL NOT BECOME EFFECTIVE UNLESS PASSED OVER HIS VETO AS HEREIN SPECIFIED. VII. SECTION 6. MEETING OF THE COUNCIL. THE COUNCIL SHALL MEET IN REGU- LAR SESSION AT LEAST ONCE EACH WEEK AT TH- F S CITY HALL AT SUCH TIMES AS HALL BE FIXED BY ORDINANCE AND IT SHALL- PRESCRIBE THE MANNER IN WHICH SPECIAL SESSIONS MAY BE CALLED AND MAY PROVIDE FOR RECESS OF ANY REGULAR OR SPECIAL SESSION. ALL SESSIONS SHALL BE OPEN TO THE PUBLIC, THE MAYOR OR MAYOR PRO TEMAND ONE - HALF OF, THE COMMI &SIONERS SHALL CONSTITUTE A QUORUM. THE COUNCIL SHALL KEEP A JOURNAL 6F ITS OWN PROCEEDINGS, WHICH SHALL BE PUBLIC AND ONE OF THE ARCHIVES OF THE CITY. THE COUNCIL SHALL ACT ONLY BY ORDINANCE, RESOLUTION, OR MOTION. ORDINAMCES'1NALL BE CONFINED TO ONE SUBJECT WHICH SHALL BE CLEARLY EXPRESSED IN THE TITLE, BUT ORDINANCES MAKING APPROPRIATIONS MAY EMBRACE MORE THAN ONE SUBJECT, PROVIDED THAT EACH SHALL BE CONFINED TO THE SUBJECT OF APPROPRIATIONS. THE AYES AND NAYS SHALL BE TAKEN UPON Tkig PASSAGE OF ALL ORDINANCES OR RESOLUTIONS AND ENTERED UPON THE JOURNAL. EVERY ORDINANCE OR RESOLUTION SYIAI=L REQUIRE ON ITS FINAL PASSAGE, THE AFFIRMATIVE VOTE OF A MAJORITY OF ALL OF THE COUNCIL. NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED, BUT SAME SHALL BE CONSIDERED AND VOTED UPON AT THREE REGULAR MEETINGS, EXCEPT IN THE CASE OF PUBLIC EMERGENCY AND THEN ONLY WHEN REQUESTED BY THE MAYOR IN WRITING,- PROVIDED, THAT NO ORDINANCE OR RESOLUTION INVOLVING THE EXPENDITURE OF MONEY NOT WITHIN THE BUDGET FOR THE CURRENT FISCAL YEAR OR MAKING A GRANT OF ANY FRANCHISE OR SPECIAL PRIVILEGE SHALL EVER BE PASSED AS AN EMERGENCY MEASURE. ALL ORDINANCES FINALLY PASSED SHALL BE ONE OF THE ARCHIVES OF THE CITY. EVERY ORDINANCE IMPOSING ANY FINE, PENALTY OR FORFEITURE SHALL BE PUB- LISHED IN ONE 18SUE OF THE OFFICIAL PAPER AFTER WHICH SAME SHALL TAKE EFFECT AND BE IN FORCE, UNLESS A LATER DATE SHALL BE PROVIDED IN THE ORDINANCE. ANSWER Cl YES ElNO ate REvisED V15/55 PROPOSITION NE BER 2, Shall the Charter of the City of Corpus Christi be amended by repealing all of Section 4 of Article V and adopting and sub- stituting therefor a new section numbered Section 4 of Article V, such new section of said Article to read as followsg Section 9, Filing of Candidates. Any citizen of the United States who is a qualified voter of the City and a taxpayer in the City, and who desires to become a candidate for the elective office of mayor or for the elective office of a commissioner shall file with the City Std RE eR*t least 30 days prior to the election day an 1 application in writing for his name to appear on the ballot as a candidate for such office and such application shall contain a sworn statement by the candidate that he is fully qualified under the laws of Texas and the provisions of this Charter to hold the office he seeks and such application shall be signed by at least five,hundred qualified voters of the City. A candidate for the Elective office of mayor or for the elective office of a commis- sioner who is a citizen of the United States and a qualified voter of the City and a taxpayer in the City may also be nominated by petition signed by at least five hundred qualified voters of the City and filed with the City Clerk at least 30 days prior to the election day, provided the candidate signs the petition certify- ing his acceptance and such petition contains a sworn statement by the candidate that he is fully qualified under the laws of Texas and the provisions of this Charter to hold the office he seeks. ANSMER D YES EJ NO 5.M RE',,' i 3/15, 5t'; PROPOSITION NOBBER 3, Shall the Charter of the City of Corpus Christi be amended by repealing all of Section,3'of Article V and adopting and sub- stituting therefor a new section numbered Section 3 of Article V, such new section of said Article to read as follows Section 3, Compensation. Each member of the Council, in- cluding the mayor and each commissioner, shall receive as compen- sation for his services, the sum of $50,00 per meeting for each regular and special meeting attended by him, provided, however, neither the mayor nor any commissioner shall be paid more than an aggregate sum of Three Thousand Dollars ($3,000) during any one year of his term of office. In addition to the above speci- fied compensation, each of said members of the Council shall be reimbursed for all necessary expenses incurred and paid by him in connection with the performance of his official duties. ANSWER L7 YES L/ // NO -4- PMOPOSITION NOMkR 4, SHA4L the Chartet of the City of Corpus Christi be amended by repealing all of Section 4 of Article VI and all of Section 7 of Article VII, and adopting and substituting therefor two new seetioas numbered Section 4 of Article VI and Section 7 of Aral* s 711, seek dew sections of sold Articles to read as follows: ARTICLE VI, Section 4, Vacancy. In the event of death, resignation, permanent disability, forfeiture of office, recall, or impeach- ment of the Mayor, or if for any reason a vacancy shall exist in the office of Mayer, the Mayor Pro Tem shall immediately be- come the Mayor, provided that there is not at such time on file with the City Secretary a recall petition to recall the Commis- sioner who is such Mayor Pro Tom. Any.Mayor Pro Tem who becomes the Mayer as aforesaid shall have all the duties and powers of the Mayor, and shall serve in such capacity for the remainder of the then unexpired teas unless sooner removed as provided in this Charter. At the time the Mayor Pro Tem becomes th�.Yaycr as afore- said, the office of Mayor Pro Tem shall become vacant, and the smalader of the Commissioners shall forthwith by election desig- nate one of -m-mv number as Mayor Pro Tem to hold office and to have the,duties and powers as are provided by this Charter for the such designated office. At the time the,Mayor Pro Teo becomes the Major aforesaid, such individual shall forthwith resign his office of a Commissioner-, and spch vacancy shall be filled as p;mvided in Section 7 of Article VII of this Charter. In the lent the Mayor Pro Tam be ineligible to become the Mayor as of"esafd by mason of there being on file with the City Secre- tary a petition to recall the Commissioner who is such Mayor Pro Teo,, the then vacancy in the office of Mayor shall be filled by a special election to be held within sixtyy days after such vacancy occurs,. and with such election to be forthwith called by the therF remaining Commissloners, and if there then be no remaining Commis- sioners such elution shall be forthwith called by the County Judge of Nueces County, Texas, ARTICLE VII, Section T. Vacancies, In the event of death, resignation, permanent e4sability, forfeiture of office, recall, or impeach- ment of. any Commissioner, or if for any reason a vacancy shall exist in tb,, office of any Commissioner, the then remaining men - bens of the Council by majority vote of the then members shall forthwith fill sueb vacancy by appointment and the appointed Com- missioner shall hold office until the next regular City election and until his s6ccecsor has been elected and qualified, unless sooner removed as provided in this Charter, provided, however, no individual who has been a member of the Council and has at any time during his term of office either resigned, or forfeited his office, or been recalled, or been impeached, may during the same teams he appointed to be a Commissicuner; and provided further that in the event a majority of the Commissioners be recalled at the same recall elec tion' then the vacancies in the offices theretofore held by them shall be filled by s special election to be held within sixty days after such vacancies occur, and with such elec- tiod to be .forthwith called by the then remaining Commissioners, and if there then he no remaining Commissioners such election shall be forthwith called by the County Judge of Nueces County, Texas. R I`7 PROPOSITION NUMBER 5, Shall the Charter of the City of Corpus Christi be amended by repealing all of Article VII -a and adopting and substituting therefor a new Article VII -a, such new Article to read as follows- ARTICLE VII -A RECALL Section 1, Power of Recall. The people of the City of Corpus Christi reserve the power to recall the holder of the office of Mayor and the power to recall the holder of any office of Commis - sioner for.any reason which to them appears,to be desirables and may exercise such power by filing with the City Secretary a peti- tion signed by qualified voters of the City equal in number to at least ten per cent of the qualified voters of the City, demanding the removal of such holder from such office. The petition shall contain a general statement as to the reason for which the re- moval is sought; but neither the office holder, nor the City Secre- tary, nor the Council, shall have any power to question or contest the sufficiency of such general statement. The signatures to re- . call petitions need not all be appended to one paper. Each signer of any such petition shall sign his narae in ink or indelible pen- cil and shall indicate after his name his place of residence by street and number, or by other description sufficient to identify the place, Attached to each separate petition paper there shall be an affidavit or the circulator thereof that he, and he only, personally circulated such petition paper, that each signature appended thereto was made in his presence, and that he believes each signature appended thereto to be the genuine signature of the person whose name it purports to be. ,Section 2, Filing, Examination and Certification of Petition. All petition papers comprising a recall petition shall be assembled and filed with the City Secretary as one instrument. Within twenty days after a recall petition is so filed, the City Secretary shall determine whether the same is signed by the requisite number of qualified voters. The City Secretary shall declare void any peti- tion paper which does not have an affidavit attached thereto as required in Section 1 of this Articles In examining the petition the City Secretary shall write the letters 'TI.V,°° in red ink op- posite the names of signers found not qualified to vote. After com- pleting the aforesaid examination of the petition the City Secretary shall certify the results thereof to the Council at its next regu- lar meeting, stating the number of persons found on the petition REv o — 3/15/55 UF4L ARL 6I"ALI"IKD T2 M 071 7F-° s0, M&EP 1,F PERSONS FOUND ON THE "7.TITIONZ W,4C A9'Z NOT +�UkLIFICD Tv VLDYEa @F THE CERTIFICATE DF THE C,17V PSECPE 51FV' SAALi SHOW THi( RE, --ALL PETITION TO HAVE TSoTAL SIDNA- 7IJ3kE'C Cls f?UAL➢FIED V'uTi.RS 10 LESS, THAN TEN PERCENT OF THE C414,LI>BL47 VOYERw AF THE CITY, THE CIT "! SECRETARY $HALL vOTIFY THE Fa;R?.C3d FILIAU 7I'Z °ETITIPM, AND IT PAY l.E. tUPPLEMENITED+ WITHIN TEN DAVZ 7'E:E r?ATU" or SUCH NOTICE BY FILING SUPPLEMENTARY PETITION eAf'LRt EIv F'I'�; SIC,'r%, U'R'ZZ CF OTArR Q,JALIFIE0 <JCTEPS OF THE CITY,. WO,5Nd -,,Iu: s<Avt A'7TL'.H 5UC;'4 PAPE',PS ARE FILED, THE C9TfV :3E.PZTARY ',hxLL. 40v91+i E;CAGa717dE THte CRIGINAL PETITION, AS SUP° PLFEMdLN1YED4 AN@ SHA3,h rZRTIFU 7,`f, PE 'FILTFS MiiEREor TO THE COUNCIL AT ITS RL:Ql- -1 AR kEET I;N c�� 3Y /�TI, ": r-: YP+r KdJKIER OF PER.SCN3 bti TNC !PZTITIC'v, A$ IIUPPLEMA,dTED, 'n,"VO ARE CL _,LIFtl EiJ TO VOTE, ANC, 7% NI!n 2ER OF P'IERI,:WS F,_AIN:; ON; 7',1 PM!"a An SUPIPLENIENTM, WHO RE "fehU r:JAALUIFC, TO 5i ". 'YE., II, TF'C 9 AS SU2F3,ZMCN7ZDg Il r,'d iUNL,' T:D FJAWE TOTAL 5F ;-)ALIFIED VOTER'S IN DlaulASER LE34 THAN TEN PERC;ERT W WE <, n.LOi'B EL 'a .�'L�GR3 (W THE CIT',, THE COY SECPEURY SHALLL, RETURN Wr W07MM, AS °SWMEd9 WED, TO WE FERRS,P: Fm"a ym SAHIC "now .1'-rWvv TL. no F4Lm VF A 'ww PETITIGN FrJPt tiME .V Akdf: '� "uP P7r °, F.o SECYIOH 3. REcaLL WWlca 'KEM,. R A RW"L PETITION 53 �E <SYOP'I ED SY Tt- "E: CITY ,SE,CIBILW91 YO Man TOTAL 310MRTURE"S OF QUALIFIED 2ITF,PS IN ;olN9F -,I Er.`"L YO AT LY"I 10, URMW OF THE Dd^ALIv"M WOTE.F, Or IS QTY, Up YH n" Mil C,.F THE CFFICU. MH03E PiMCVA! N'F`.4,?A gL)CH O6=.,ICh:. Ir srcl"G'Hr BY S.LlCM PETOYI'�[.' Da�FL�S NcT RE31QX'WITHIN FIVE DAYS MYE.R S= CWn FICATInn TC THE Cu,r'i. "sCIL, THE CM"IL :".HALL FMTHWITH Wah R 1% H ?:C,'D A RECALL ELE&TIAN - 40T',MAp HM LESS MAN THIRTY, NOR MORE Ti•l a[^I . °.I ;:Y V'n DAys 6-p_ -H T};E AT ANY O+ME TI @kc THERE 0E DO.FME .TH'F C W'SW I L MORE MAY WE REI -,ALL 'PET I T 13K gad CERTIFIED 5 ' iMf MTV AMEUR I AS To WMI CM TM C -MM L IS TUN SO M" UTE© TO `ROEM P'ECPLL C"C"01 � , WE Co" CM WALL SiWER XMO ISMIA, ON THE SAVE OATQ k F CALL ELVA 1;71 Or1d " :N .. ^.LL '",UCA PETITIONS d.; CEF71FIED. .SIEP:um 4. R,E(SAm BI L +In EALL(.,TS WCO AT RECALL LLECYIONS SHALL CONFIRM 71 THE F {eLL.MIVNS xM+.,`O;a EWMn. q W 1 °v H P ESV _W T+ 1.04 6 __ &OA WHOSE PE=,UL. IN S .'OOT THE 11—,UM "LL ."INdu U L (MANE OF nF"CE HO IyER) _ 0 RE LUD AM F,��0 13 IFMW ME OF" ;E OF (AME CF a F IC-E:��'� ELLr- EA`CN - _. ^�M� :­!Z,'�.,TICI4 TF1k",RLL gNALL GE PRIN9'EG WE YM FCIr_�!U@c+I C U PRQ1C"oJM TI'tan, CV; 6ASME THE OTAQ IN THE Oa'E,M v4 A ND I C /AU 8 "NO WE v7Ee"L A.MD F'YOX" OF (MM s7F o" ME HAL.MO. THE 01ECAL"- *F yNANOE OF 'OFFICE HCrUA e" REVISIT! 3A 55, SECTION 5. RESULTS OF RECALL ELECTION. IF A MAJORITY OF THE VOTES CAST AT A RECALL ELECTOON SHALL BE AGAINST THE RECALL AND REMOVAL OF THE OFFICE HOLDER NAMED IN THE BALLOT HE SHALL CONTINUE IN -XFICE. IF A MAJORITY OF THE VOTES CAST AT SUCH ELECTTOBN BE FOR THE RECALL AND REMOVAL OF THE OFFICE HOLDER NAMED IN THE BALLOT, THE COUNCIL SHALL IMMEDIATELY DECLARE HIS OFFICE VACANT AND SUCH VACANCY SHALL BE FILLED IN ACCORDANCE WITH THE PRO - VISIONS OF THIS CHARTER FOR THE FELLING OF VACANCIES. AN OFFICE HOLDER THUS RECALLED AND REMOVED SHALL BE INELIGIBLE THEREAFTER FROM HOLDING ANY OFFICE IN THE CITY FO? A PERIOD OF TWO YEARS. SFC -TORN 6. 1_OMITATION ON RFCAL!.. NO RECALL PETITION SHALL BE FILED AGAINST AN OFFICE HOLDER WITHIN THE FIR T FOUR MONTHS AFTER HE TAKES OFFICE NOR WITHIN THE FOUR MONTMS IMMEDI ATFLV PRECEDING THE DATE OF THE NEXT REGULAR E:LECTOON FOR HIS OFFICE. NO OFFICE MOLDCR SMALL BE SUBJECTED TO, MORE THAN ONE RECALL t.LLr704IN i! +L;RO BIB, A SING,,LG EG_FCTIVE TERM CF OFFICE.. ANSWER LJ YES NO -ad REVISED .315(55 PROPOS 1 T 9 ON NUMBER 6. SHALL THE CHARTER OF THE CITY OF CORPUS CHRISTI BE AMENDED BY REPEALING ALL OF SECTION 17 AND SECTION 18 OF ARTICLE 11 AND ADOPTING AND SUBSTITUTING THEREFOR NEW SECTIONS NUMBERED SECTION 17 AND SECTION 18 OF ARTICLE 11, SUCH NEW SECTIONS OF SAID ARTICLE TO REAO AS FOLLOWS: SECTION 11. FRANCHISES, LEASES AND PUBLIC UTILITIES. (A) INALIENABILITY OF PUBLIC PROPERTY. THE RIGHT OF CONTROL AND USE OF THE PUBLIC STREETS, HIGHWAYS, SIDEWALKS, ALLEY31 BROIGES, PARKS, PUBLIC SQUARES, PUBLIC PLACES AND PROPERTY OF THE CITY IS HEREBY DECLARED TO BE IN- ALIENABLE BY THE CITY, EXCEPT BY lR3INAN =E5 NOT IN CONFLICT WITH THE PROVISIONS OV 1XIS CHARTER; PROVIDED, HOWEVER, THE COUNCIL MAY BY ORDINANCE GRANT, OR AUTHOR- IZE AN OFFICER OR EMPLOYEE OF THE CITY TU GRANT, SIDE TRACK OR SWITCH PRIVILEGE EASEMENTS TO COMMON CARRIERS TO AFFORD SWITCH PRIVILEGES AND CONNECTIONS TO THE OWNERS OR USERS OF ANY INDUSTRIAL PLANT- OR FUSINE55 ESTABLISHMENTS, AND DAILY, WEEKLY OR MONTHLY USE PRIVILEGES, IN WHOLE OR IN PART, OF CITY AUDITORIUMS, HALLS, BOAT ODCKS, AND OTHER PUBLIC BUILDINGS AND FACILITIES, ALL UPON SUCH TERMS AND WITH THE IMPOSITION OF SUCH CONDITIONS AND LIMITATIONS IN SUCH EASE- MENTS AND UJE PRIVILEGES AS THE COUNCIL MAY ELECT, AND WITH THE COUNCIL HAVING THE RIGHT AT ANY TIME T;.` FORFEIT ANY SUCH EASEMENT AND USE PRIVILEGE IRRESPECTIVE OF WHETHER OR NOT SUCH RIGHT OF FORFEITURE BE SPECIFIED IN SUCH EASEMENT OR USE PRIVILEGE. 140 ACT OR OMISSION BY THE COUNCIL OR ANY OFFICE OR AGENT OF THE CITY SHALL BE CONSTRUED TO GRANT, RENEW, EXTEND, OR AMEND BY ESTOPPEL OR INOIR- ECTION ANY RIGHT, FRANCHISE, LEASE, EASEMENT DR USE PERMIT AFFECTING SAID PUBLIC STREETS, i;IGNWAYS, SIDEWALKS, ALLEYS, BRIDGES, PARKS, PUBLIC SQUARES, PUBLIC PLACES AND OTHER PROPERTY OF THE CITY. (B) POWER TO GRANT FRANCHi°.E OR LEASE. THE COUNCIL SHALL HAVE THE POWER BY ORDINANCE TO GRANT, RENEW, AND EXTEND ALL FRANCHISES OF ALL PUBLIC UTILITIES OF EVERY CI- ARACTER OPERATING WITHIN THE CITY AND ALL LEASES OF PROPER- TY OF THE CITY, AND, WITH THE CONSENT OF THE FRANCHISE HOLDER OR THE LESSEE, TO AMEND THE SAME; PROVIDED, HOWEVER, THAT NO FRANCHISE OR LEASE SHALL BE GRANTED FOR A TERM OF MORE THAN THIRTY (30) YEARS, AND THAT NO FRANCHISE OR LEASE SHALL BE GRANTED, RENEWED, OR EXTENDED FOR A TERM OF MORE THAN FIVE (5) YEARS UNLESS THERE 13 SUBMITTE7 TO THE QUALIFIED VOTERS OF THE CITY, AT AN ELECTION DULY CALLED FOR SUCH PURPOSE, THE QUESTION OF WHETHER OR NOT THE COUNCIL SHOULD ENACT THE PARTICULAR ORDINANCE GRANTING, RENEWING OR EXTENDING SUCH PARTICULAR FRANCHISE OR LEASED AND A MAJOR11'Y OF SUCH QUALIFIED VOTERS VOTING AT SUCH ELECTION FAVOR THE ENACTMENT OF SUCK. PARTICULAR ORDINANCE. THE QUESTION OF WHETHER OR NOT THE COUNCIL SHOULD ENACT ANY PARTICULAR ORDINANCE GRANTING, RENEWING OR EXTENDING ANY PARTICULAR FRANCHISE OR LEASE FOR A TERM OF FIVE (5) YEARS OR LESS THAN F- E (5) YEARS MAY BE BY THE Ca)UNCIL SUBMITTED TO THE QUALIFIED VOTERS OF THE CITY, AT AN ELECTION DULY CALLED FOR SUCH PURPOSE; AND IF SUCK QUESTION BE SO SUBMITTED SUCH PARTICULAR ORDINANCE SMALL NOT BE ENACTED UNLESS THE SAME RE- APPROVED BY A MAJORITY OF THE QUALIFIED VOTERS VOTING AT SUCH ELECTION. -10- REV IBED 33555 IF AT THE TIME A REQUEST IS MADE FOR THE CITY TO GRANT, RENEW, EXTEND OR AMEND A FRANCHISE,-THE CITY IS THEN ENGAGED IN FURNISHING SIMILAR SERVICE, POWER, ENERGY, FUEL OR SUBSTANCE WHICH IS PROPOSED TO BE FURNISHED BY THE PARTY SEEKING SUCH FRANCHISE, RENEWAL, EXTENSION OR AMENDMENT, THEN SUCH FRANCHISE, RENEWAL, EXTENSION, OR AMENDMENT, SHALL CONTAIN THE PROVISION THAT THE CITY SHALL HAVE THE RIGHT AT ANY TIME WITHIN THE LAST TWO YEARS OF THE TERM THEREOF,TO PURCHASE THE PROPERTY OF THE PUBLIC UTILITY FRANCHISE HOLDER WHICH IS SITUATED WITHIN THE CORPORATE LIMITS OF THE CITY OF CORPUS CHRISTI, TEXAS, AND UTILIZED IN CONNECT13N WITH ITS OPERATIONS UNDER SUCH FRANCHISE, AT,A PRICE EQUILAVENT TO THE THEN FAIR4wo* we VALUE OF SUCH PROPERTY, WITH THE FACTORS TO BE TAKEN INTO ACCOUNT Aitii3 'CHE METHOD FOR DETERMINING SUCH PRICE "CO Gi. AS SPECIFIED IN ITEM 11 OF SUB - PARAGRAPH (E) OF THIS SECTION 17; AND lF AT THE TIME A REQUEST IS MADE FOR THE CITY TO GRANT, RENEW, EXTEND, OR AMEND A FRANCHISE, THE C17Y IS NOT THEN ENGAGED IN FURNISHING SIMILAR SERVICE, POWER, ENERGY, FUEL OR SUBSTANCE WHICH IS PROPOSED TO BE FURNISHED BY THE PARTY SEEKING SUCH FRANCHISE, RENEWAL, EXTENSION OR AMENDMENT, THEN SUCH FRANCHISE, RENEtiAL, EXTENSION OR AMENDMENT MAY, IN THE DISCRETION OF THE COUNCIL, CONTAIN THE RIOU T TO PURCXA5E PROVISION REFERRED TO HEREINABOVE IN THIS PARAGRAPH. (C) ORDINANCE GRANTING FRANCHISE. EVERY ORDINANCE GRANTING, RENEWING, EXTENDING, OR AMENDING A PUBLIC UTILITY FRANCHISE OR A LEASE OF PROPERTY OF THE CITY SHALL BE READ AT THREE REGULAR MEETINGS OF THE COUNCIL, AND SHALL NOT BE FINALLY ACTED UPON UNTGL THIRTY (30) DAYS AFTER THE FIRST READING THEREOF. "WITHIN FIVE (5) DAYS FOLLOWING EACH OF THE THREE READINGS OF THE ORDINANCE, THE FULL TEXT THEREOF SHALL BE PUBLISHED ONE TIME IN SOME NEWSPAPER OF GENERAL CIRCULATION IN THE CITY, AND THE EXPENSE OF SUCH PUBLICATION SHALL BE BORNE BY THE PROSPECTIVE FRANCHISE HOLDER OR LESSEE. NO SUCH ORDINANCE SHALL BECOME EFFECTIVE UNTIL THE EXPIRATION OF SIXTY (60) DAYS FOLLOWING THE DATE OF ITS FINAL ADOPTION BY THE COUNCIL, AND EVERY SUCH ORDINANCE, FRANCHISE AND LEASE SHALL BE SUBJECT TO TIIE REFERENDUM PROCEDURE PROVIDED BY STATE LAW. (D' TRANSFER OF FRANCHISE OR LEASE. NO PUBLIC UTILITY FRANCHISE OR LEASE OF PROPERTY OF THE CITY SHALL BE TRANSFERRED BY THE HOLDER THEREOF EXCEPT WITH THE APPROVAL OF THE COUNCIL EXPRESSED BY ORDINANCE. (E) REGULATION OF FRANCHISE. EVERY GRANT, RENEWAL, EXTENSION, OR AMEND - MENT -OF A FRANCHISE TO A PUBLIC UTILITY, AND EVERY PUBLIC UTILITY OR OTHER COM- PANY, FIRM, OR INDIVIDUAL USING STREETS, PUBLIC PROPERTY OR EASEMENTS, WHETHER OR NOT FRANCHISE-D, W }TETHER 30 PROVIDED iN THE ORDINANCE OR FRANCHISE OR NOT, SHALL BE SUBJECT TO THE RIGHT OF THE COUNCIL: 1. .CO F^RFEIT ANY SUCH FRANCHISE BY ORDINANCE AT ANY TIME FOR FAILURE Or THE HOLDER THEREOF TO COMPLY WITH THE TERMS OF THE FRANCHISE., BUT SUCH POWER SHALL BE EXERCISED ONLY AFTER NOTICE AND HEARING, AND IN CASE OF AN APPEAL WITHIN SIXTY (60) DAYS THE EFFECT OF A FORFEITURE SHALL Be SUSPENDED UNTIL JUDICIAL DETERMINATION. THE NOTICE SHALL STATE WHEREIN THE FRANCHISE HOLDER OR UTILITY COMPANY, FIRM OR INDIVtDUAL HAS FAILED TO-" COMPLY WITH THE TERMS OF THE FRANCHISE, OR WITH THE REQUIRE- MENTS OF THIS CHARTER, AND THE ORDINANCES AND REGULATIONS ADOPTED H2REUNDER. REVISED 3.'5/55 L. TO ADOPT REASONABLE REGULATIONS CONCERNING THE USE AND RESTORATION OF THE STREETS, EASEMENTS AND OTHER PUBLIC PROPERTY, AND TO ADOPT REASONABLE REGULATIONS TO INSURE SAFE, EFFICIENT AND CONTINUOUS SERVICE TO THE PUBLIC, 3 -- TO REQUIRE SUCH EXPANSION AND EXTENSION OF PLANTS AND FACILITIES AS ARE NECESSARY TO .PROVIDE ADEQUATE SERVICE TO THE PUBLIC, TAKING INTO CONSIDERATION THE COST OF THE EXTENSION AND THE RATES CHARGED FOR THE SERVICE. 4- TO REQUIRE EVERY PUBLIC UTILITY OR FRANCHISE HOLDER TO FURNISH TO THE CITY WITHOUT COST TO THE CITY FULY INFORMATION REGARDING THE LOCATION, CHARACTER AND EXTENT OF ALL FACILITIES OF SUCH PUBLIC UTILITY OR FRANCHISE HOLDER IN„ OVER., UNDER OR USEC UPON THE STREETS, ALLEY'S, EASEMENTS AND OTHER PUBLIC OR PRIVATE PROPERTY IN THE CITY; AND TO REGULATE AND CONTROL THE LOCATION, RELOCATION, OR REMOVAL OF SUCH FACILITIES IN PUBL.iC PROPERTY WITHOUT COST TO THE CITY. 5. TO REQUIRE EVERY PUBLIC UTILITY OR FRANCHISE HOLDER TO ALLOW OTHER PUBLIC UTILITIES TO USE ITS TRACKS, POLES,, BRiDGESy TUNNELS,, AND VIADUCTS, WHEREVER IN THE JUDGMENT OF THE COUNCIL SUCH USE SHALL BE IN THE PUBLIC INTEREST, PROVIDED THAT THE USE DOES NOT MATERIALLY IMTERFERE WITH THE USE THEREOF BY THE OWNER FOR ITS PURPOSES NOR MATERIALLY IMPAIR THE SAFETY CF SAID FACILITIES AND THAT IN SUCH EVENT THE COUNCIL SHALL FIX A REASONABLE RENTAL TO BE PAID TO THE OWNER OF THE FACILITY FOR SUCH USE, AFTER NOTICE TO THE INTERESTED PARTIES AND A HEARING OF THE FACTS. 6. TO PRESCRIBE THE FORM OF ACCOUNTS TO BE KEPT BY ANY PUBLIC UTTLITY OR FRANCHISE HOLDER; PROVIDED THAT, IN INSTANCES WHERE THE PUBLIC UTILITY OR FRANCHISE HOLDER SHALL KEEP ITS ACCOUNTS IN ACCORDANCE WITH A SYSTEM OF ACCOUNTS ACCEPTABLE TO STATE OR FEDERAL REGULATORY AGENCIES SUCH FORM OF ACCOUNTS SHALL BE ACCEPTABLE TO THE COUNCIL. 1. TO EXAMINE AND AUDIT AT ANY TIME DURING THE REGULAR BUSINESS HOURS, THE ACCOUNTS AND OTHER RECORDS OF ANY PUBLIC UTILITY OR FRANCHISE HOLDER. 8, TO REQUIRE ANNUAL AND OTHEiI REPORTS, INCLUDING REPORTS ON THE LOCAL OPERATIONS OF THE PUBLIC UTILITY OR FRANCHISE HOLDER, WHICH SHALL BE IN SUCH FORM AND CONTAIN SUCH INFORMATION TAKEN FROM THE BOOKS AND RECORDS OF THE COMPANY AS THE COUNCIL. SHALT_ PRESCRIBE. 9., TO REQUIRE AND COLLECT ANY COMPENSATION AND RENTAL NOT NOW On HEREAFTER PROHIBITED BY THE LAWS OF THIS STATE. -12- REVISED 3/15/55 10. TO REQUIRE SUCH PUBLIC UTILITY OR FRANCHISE HOLDERS WHO REQUEST AN INCREASE IN RATES, CHARGES OR FARES, TO REIMBURSE THE CITY FOR FIFTY PERCENT (50%) OF REASONABLE EXPENSES INCURRED IN EMPLOYING RATE CONSULTANTS TO CONDUCT INVESTIGATIONS, PRESENT EVIDENCE AND ADVISE THE COUNCIL ON SUCH REQUESTED INCREASE. 91. TO PURCHASE FOR THE CITY AT ANY TIME, WHERE PROVIDED FOR IN THE FRANCHISE OR REQUIRED BY THIS CHARTER, WITHIN THE LAST TWO YEARS OF THE TERM OF ANY FRANCHISE THE PROPERTY OF THE FRANCHISE HOLDER WHICH IS SITUATED WITHIN THE CORPORATE LIMI75 OF THE CITY OF CORPUS CHRISTI, TEXAS, AND UTILIZED IN CONNECTION WITH ITS OPERATIONS UNDER SUCH FRANCHISE AT A PRICE EQUIVALENT TO THE THEN FAIR VALUE OF SUCH PROPERTY. THE DETERMINATION OF THE THEN FAIR VALUE OF SIKH PROPERTY SHALL TAKE INTO ACCOUNT ONLY THE TANGIBLE PHYSICAL PROPERTY AND NO VALUE SHALL BE GIVEN TO THE FRANCHISE OR TO "GOOD WILL" OR TO "GOING CONCERN" OR TO OTHER. INTANGIBLES. SUCH RIGHT Or THE CITY TO PURCHASE SUCH PROPERTY SHALL, IF EXERCISED, BE DONE IN THE FOLLOWING MANNER. (1) AT ANY TIME WITHIN THE FIRST YEAR OF SAID LAST TWO YEAR PERIOD OF THE FRANCHISE TERM, THE COt /NCIL MA7 ORDER NOTICE TO BE GIVEN TO THE FRANCHISE HOLDER THAT THE CIT'.' DESIRES TO PURCHASE SUCH PROPERTY; AND UPON SUCH ORDER BEING GIVEN THE CITY SECRETARY SHALL GIVE SUCH NOTICE TO SUCH FRANCHISE HOLDER., (II) WITHIN SIXTY DAYS FROM THE DATE 01- THE AFORESAID NOTICE THE HOLDER OF SUCH FRANCHISE SHALL SUBMIT TO THE CITY A '�OMPLETE DETAILED INVENTORY OF THE PROPERTY Or SUCH FRANCHISE HOLDER WHICH IS SITUATED WITHIN THE CORPORATE LIMITS OF THE CITY' OF CORPUS CHRISTI AND UTILIZED IN CONNECTION WITH ITS OPERATIONS UNDER SUCH FRANCHISE, AND DETAILED MAPS SHOWING THE LOCATION OF SUCH PROPERTY, AND SUCH FRANCHISE HOLDER'S ErTIPIATE OF THE THEN FAIR VALUE OF SUCH PROPERTY WHICH WOULD BE AN ACCEPTABLE PRICE FOR SUCH PROPERTY. (M) THE COUNCIL AND THE FRANCHISE HOLDER SHALL HAVE A PERIOD OF SIXTY DAYS AFTER THE RECEIPT BY THE CITY OF THE AFORESAID FRANCHISE HOLDER'S INVENTORY IN WHi CS TO AGREE UPON THE AFORESAID THEN FAIR VALUE; AND SHOULD THE'r BE UNABLE TO AGREE WITHIN SUCH PERIOD THE AFORESAID THEN FAIR VALUE SHALL BE DETERMINED BY A BOARD OF ARBITRATION CONSISTING OF THREE MEMBERS TO BE APPOINTED AS rOLLOWS. ONE MEMBER TO BE APPOINTED BY THE FRANCHISs HOLDER WITN:M THE PERIOD OF FIFTEEN DAYS FOLLOWING THE EXPIRATION OF THE AFORESAID SIXTY DAY PERIOD, ONE MEMBER TO BE APPOINTED BY THE COUNCIL, WITHIN THE PERIOD OF FIFTEEN DAYS FOLLOWING THE EXPIRATION OF 704E AFORESAID SIXTY DAY PERIOD, AND THESE TWO 50 APPOINTED SHALL. WITHIN FIFTEEN DAYS THEREAFTER APPOINT THE THIRD ARBITRATOR WHO SHALL. SE A TEXAS REGISTERED PROFESSIONAL ENGINEER. IF THE FRANCHISE HOLDER SHALL EITHER. FAIL TO FURNISH TO THE CITY THE AFORESAID INVENTORY AND MAPS 'WITHIN THE PERIOD m13o REv1aED 3/15%55 ABOVE SO SPECIFIED OR FAIL TO APPOINT ITS ARBITRATOR WITHIN THE AFORESPECIFIED FIFTEEN DAY PERIOD, THEN THE COUNCIL MAY APPOINT THE ARBITRATOR FOR THE FRANCHISE HOLDER. IF THE TWO ARBITRATORS SHALL FAIL TO AGREE UPON AND APPOINT THE THIRD ARBITRATOR WITHIN THE AFORESPECIFIED FIFTEEN DAY PERIOD, THEN UPON WRITTEN APPLICATION BY THE COUNCIL THE THIRD ARBITRATOR MAY BE APPOINTED BY ANY QUALIFIED AND ACTING JUDGE OF THE DISTRICT COURT OF THE UNITED STATES ASSIGNED TO THE CORPUS CHRISTI DIVISION, SOUTHERN DISTRICT OF TEXAS, TO WHOM THE COUNCIL MAY APPLY FOR SUCH APPOINTMENT; AND IF ANY SUCH JUDGE OF SUCH DISTRICT COURT OF THE UNITED STATES SHOULD FAIL TO SO APPOINT THE THIRD ARBITRATOR WITHIN FIFTEEN DAYS AFTER SUCH APPLICATION BE FILED WITH HIM, THEN UPON WRITTEN APPLICATION BY THE COUNCIL THE THIRD ARBITRATOR MAY BE APPOINTED BY ANY QUALIFIED AND ACTING JUDGE OF ANY DISTRICT COURT OF NUECES COUNTY, TEXAS, TO WHOM THE COUNCIL MAY APPLY FOR SUCH APPOINTMENT; PROVIDING SUCH APPLICATION BE MADE IN THE ORDER OF THEIR CREATION AS DISTRICT COURT OF NUECES COUNTY. THE DECISION OF THE BOARD OF ARBITRATORS, OR A MAJORITY THEREOF, SHALL BE MADE WITHIN FORTY FIVE DAYS AFTER THE APPOINTMENT OF THE THIRD ARBITRATOR; AND IN THE EVENT THE BOARD, OR A MAJORITY THEREOF, FAILS TO MAKE A DECISION WITHIN SUCH PERIOD, NEW ARBITRATORS SHALL BE CHOSEN IN LIKE MANNER AS IF NONE HAD BEEN PREVIOUSLY SELECTED. THE COST OF THE ARBITRATOR APPOINTED BY THE CITY SHALL BE PAID BY THE CITY AND THE COST OF TEL ARBITRATOR APPOINTED BY THE FRANCHISE HOLDER SHALL BE PAID BY TEL FRANCHISE HOLDER AND THE COST OF THE THIRD ARBITRATOR SHALL BE PAID ONE—HALF BY THE CITY AND ONE—HALF BY THE FRANCHISE HOLDER. (IV) UPON THE DETERMINATION OF THE THEN F "AIR 'VALUE EITHER BY AGREEMENT OR BY SAID BOARD OF ARBITRATQRS_c THE CITY SHALL BE ALLOWED A PERIOD OF SIXTY DAYS FOR DETERMINATION OF WHETHER OR HOT THE CITY COUNCIL SHALL SUBMIT TO THE PROPER AND QUALIFIEC VOTERS OF THE CITY THE PROPOSITION OF WHETHER OR NOT THE CITY SHOULD ACQUIRE THE PROPERTY SO SUBJECT TO PURCHASE BY THE CITY, AND 135UE BONDS IN SUFFICIENT AMOUNT TO PAY THEREFOR, AND IN T'HE EVENT THE COUNCIL SHALL DETERMINE TO SUBMIT SUCH PROPOSITION TO THE QUALIFIED VOTERS OF THE CITY, SUCH ELECTION SHALL BE HELD WITHIN SIXTY DAYS FROM THE DATE OF SUCH DETERMINATION. (V) IN THE EVENT THAT SUCH PROPOSITION SHALL. LARRY AND THE ISSUANCE OF BONDS BE AUTHORIZED, THEN THE CITY SHALL HAVE NINETY DAYS WITHIN WHICH TO SELL SUCH BONDS AND TO HAVE AVAILABLE THE PROCEEDS THEREOF FOR THE PURCHASE OF SAID PROPERTY AND BE ABLE TO COMPLETE THE PURCHASE OF SAID PROPERTY. (VI) THE TIME FOR ACTION BY EITHER PARTY IN ANY INSTANCE SHALL BE EXTENDED FOR SUCH PERIOD AS SUCH PARTY MAY BE RESTRAINED BY JUDICIAL DECREE. (F) REGULATIONS OF LEASE. EVERY GRANT, RENEWAL, EXTENSION OR AMENDMENT OF A LEASE OF PROPERTY OF THE CITY, WHETHER SO PROVIDED IN THE LEASE OR NOT, SHALL BE SUBJECT TO THE RIGHT OF THE COUNCIL: -14- REVISED 3/15/55 1. TO TERMINATE SUCH LEASE BY ORDINANCE AT ANY TIME FOR FAILURE OF THE LESSEE TO COMPLY WITH THE TERMS OF THE LEASE OR THE TERMS OF THIS SECTION, SUCH POWER TO BE EXERCISED ONLY AFTER NOTICE AND HEARING. Z. TO IMPOSE REASONABLE REGULATIONS'TO INSURE PROPER CARE, MAINTENANCE, AND UPKEEP OF THE PROPERTY OF THE CITY. 3. TO PRESCRIBE THE FORM OF ACCOUNTS TO BE KEPT BY EVERY LESSEE IN INSTANCES WHEREIN THE RENTAL OR THE LICENSE FEES PAYABLE TO THE CITY IS DETERMINED IN WHOLE OR IN PART BY THE VOLUME OF BUSINESS DONE BY THE LESSEE OR BY ANY SALES OR REVENUES OF THE LESSEE. h. TO EXAMINE AND AUDIT AT ANY TIME DURING REGULAR BUSINESS HOURS THE ACCOUNTS AND OTHER RECORDS OF ANY LESSEE. 5. TO REQUIRE ANNUAL AND OTHER REPORTS, INCLUDING REPORTS ON THE OPERATIONS OF THE LESSEE, WHICH SHALL BE IN SUCH FORM AND CONTAIN SUCH INFORMATION AS THE COUNCIL SHALL PRESCRIBE.. (G) REGULATION OF RATES. THE COUNCIL SHALL HAVE FULL-POWER, AFTER NOTICE AND HEARING, TO REGULATE BY ORDINANCE THE RATES, CHARGES AND FARES OF EVERY PUBLIC UTILITY OR FRANCHISE HOLDER OPERATING IN THE CITY; PROVIDED THAT NO SUCH ORDINANCE SHALL BE PASSED AS AN EMERGENCY MEASURE. ANY PUBLIC UTILITY OR FRANCHISE HOLDER REQUESTING AN INCREASE IN ITS RATES, CHARGES, OR FARES SHALL HAVE, AT THE HEARING ON SUCH REQUEST, THE BURDEN OF ESTABLISHING BY CLEAR AND CONVINCING EVIDENCE THE VALUE OF ITS PROPERTY AND THE AMOUNT AND CHARACTER OF ITS EXPENSES AND REVENUES. NO PUBLIC UTILITY OR FRANCHISE HOLDER SHALL INSTITUTE ANY LEGAL ACTION TO CONTEST ANY RATE, CHARGE, OR FARE FIXED BY THE COUNCIL UNTIL SUCH PUBLIC UTILITY OR FRANCHISE HOLDER HAS FILED A MOTION FOR REHEARING WITH THE COUNCIL SPECIFICALLY SETTING OUT EACH GROUND OF ITS COMPLAINT AGAINST THE RATE, CHARGE OR FARE FIXED BY THE COUNCIL, A ND UNTIL THE COUNCIL SHALL HAVE ACTED UPON SUCH MOTION, OR HAD A PERIOD OF SIXTY (601 DAYS WITHIN WHICH TO ACT UPON SUCH MOTION FOR REHEARING. (H) IT IS NOT THE PURPOSE OF THIS SECTION OR OTHER SECTIONS PERTAINING TO FRANCHISES, LE45ES AND PUBLIC UTILITIES TO AMEND OR ABROGATE FRANCHISE OR CONTRACT RIGHTS PREVIOUSLY AGREED TO IN GOOD FAITH, AND ACCORDINGLY ANY REVISION OF THE CHARTER SHALL NOT AMEND, ENLARGE OR DIMINISH THE FRANCHISE OR CONTRACT RIGHTS IN ANY FRANCHISE OR CONTRACT MADE EFFECTIVE PRIOR TO SUCH REVISION OF THE CHARTER, UNLESS - OTHERWISE PROVIDED IN THE FRANCHISE. SECTION 18. FORFEITURE OF OFFICE. NEITHER THE MAYOR NOR ANY OTHER MEMBER OF THE COUNCIL, NOR ANY ELECTIVE OR APPOINTIVE OFFICER OF THE COTYg SHALL BE DIRECTLY IN THE EMPLOY OF ANY PERSON, COMPANY OR CORPORATION„ HOLDING OR SEEKING TO HOLD ANY FRANCHISE FROM THE CITY OF CORPUS CHRISTI. ANY VIOLATION OF THIS SECTION SHALL IPSO FACTO RENDER VACANT THE OFFICE HELD BY THE PERSON SD VIOLATING IT. NEITHER THE MAYOR NOR ANY OTHER MEMBER OF THE COUNCIL, NOR ANY ELECTIVE OR APPOINTIVE OFFICER OF THE CITY SHALL, WHILE HOLDING OFFICE OR BEING IN THE EMPLOY OF THE CITY, ACQUIRE, RENEW OR AMEND ANY LEASE WITH OR FROM THE CITY OF CORPUS CHRISTI OR BE PECUNIARILY INTERESTED IN ANY LEASE GRANTED, RENEWED OR AMENDED DURING THE TIME HE HOLDS ANY SUCH OFFICE OR IS IN THE EMPLOY OF THE CITY. ANY LEASE, RENEWAL OR EXTENSION MADE OR ATTEMPTED TO BE MADE IN VIOLATION OF THIS SECTION SHALL BE NULL AND VOID. ANSWER YES -15- ❑ NO RLv � -­7 3i�'y;` PROPOSITION NUMBER 70 Shall the Charter of the City of Corpus Christi, be amended by repealing all of Section 19, Section 20, Section 21 and Section 22 of Article II and adopting and substituting therefor a new section numbered Section 19 of Article II, such new section of said Article to read as follows. Section 19, Contracts, No soatract shall ever be made which binds the City to pay for personal 3ervlces to be rendered for any stated period of time; but all contracts for personal service shall be restricted to the doing of some particular act or thing, and upon its completion no further liability shall exist on the part of the City. Nor shall the City or anyone acting for it make any contracts for goods, materials, services or supplies for the current use of any department of the municipality for more than one year, except as in this Charter provided, until included in the Budget and an appropriation has been made therefor, and no contract or purchase shall exceed the amount appropriated. All contracts, except for professional services, shall be made upon specifications; and no contract shall be binding until it has been W examined by the City Attorney and has been either approved by him cr his objec- tions thereto have been filed with the Council, and GO it has been signed by the City Manager and the Director of Finance,', When- ever the contracts charged to any appropriation Shall equaPthe amount of the appropriation, the Director of Finance shall sign no additional contract chargeable to such appropriation. Any contract for current expenditures exceeding the Budget or the appropriation therefor shall be void. After approval of specifications by the City,Manager and City Council, advertisement shall be published in the official newspaper, to be named by the City Council, at least once in each week for tw_o consecutive weeks, inviting competitive bids for - labor and materials embraced in the proposed contract. All bids submitted shall be sealed and delivered to the City Purchasing agent, or to the City Secretary. At the time announced in such notice the bids shall be opened in the presence of a majority of the City Council. Thereafter all bids shall remain on file for at least forty -eight hours before any award is made and no award shall be made except to,one of such bidders, The Council shall determine the most advantageous bid for the City and shall award REVISED 3/5155' THE CONTRACT TO SUCH BIDDER, BUT THE COUNCIL SHALL ALWAYS HAVE THE RIGHT TO REJECT ANY AND ALL BIDS AND IN THE EVENT ALL BIDS ARE REJECTED, SHALL CALL FOR NEW BIDS AT ITS DISCRETION, WHICH NEW BIDS SHALL BE ADVERTISED IN LIKE MANNER -AS THE ORIGINAL BIDS. PENDING ADVERTISEMENT OF SUCH PROPOSED CON- TRACTS, THE S"PECIFILATIONS SHALL BE ON FILE IN THE OFFICE OF THE CITY MANAGER, DIRECTOR,OF THE DEPARTMENT CONCERNED, OR CITY PURCHASING AGENT, SUBJECT TO THE INSPECTION OF ALL PERSONS DESIRING TO BID, NO CONTRACT SHALL EVER BE AUTHORIZED EXCEPT BY ORDINANCE OR MOTION DULY PASSED BY THE CITY COUNCIL AND SIGNED BY THE CITY MANAGER AND DIRECTOR OF FINANCE; PROVIDEDy HOWEVER, THAT, WITHOUT SUCH AUTHORIZATION AND WITHOUT THE CONTRACT BEING SIGNED BY THE DIRECTOR OF FINANCE, THE CITY MANAGER SHALL HAVE AUTHORITY TO CONTRACT FOR EXPENDITURE FOR ALL BUDGETED ITEMS NOT EXCEEDING ONE THOUSAND DOLLARS ($1,000). ALL CONTRACTS INVOLVING MORE'THAN 014E THO'JSAM1ID DOLLARS ($1,000), EXCEPT CON- TRACTS FOR PERSONAL SERVICES, MUST BE ADVERTISED AS DESCRIBED IN THIS SECTION. ANSWER YES NO -17- REVISED 3A V55 PROPOSITION NUMBER S SHALL THE CHARTER OF THE CITY OF CORPUS CHRISTI BE AMENDED BY REPEALING ALL OF SECTION 1 AND SECTION 2.OF ARTICLE I AND ADOPTING AND SUBSTITUTING THEREFOR NEW SECTIONS NUMBERED SECTION 1 AND SECTION Z OF ARTICLE I, SUCH NEW SECTIONS OF SAID ARTICLE TO READ AS FOLLOWS: SECTION 1. INCORPORATION. THE INHABITANTS OF THE CITY OF CORPUS CHRISTI, TEXAS, WITHIN ITS CORPORATE LIMITS AS ESTABLISHED BY CHAPTER, 33, PAGES 304 -351, SPECIAL LAWS OF TEXAS, 1909, 31ST LEGISLATURE, REGULAR SESSION, AND AS ESTABLISHED OR EXTENDED BY THE CHARTER OF THE CITY OF CORPUS CHRISTI, TEXAS, AS HERETOFORE OR HEREAFTER AMENDED, AND AS ESTABLISHED OR EXTENDED BY ORDINANCES OF THE CITY OF CORPUS CHRISTI, TEXAS, HERETOFORE OR HEREAFTER ENACTED, BE AND ARE HEREBY CONSTITUTED A BOGY POLITIC AND CORPORATE, IN PERPETUITY, UNDER THE NAME "CITY OF CORPUS CHRISTI ", HEREINAFTER REFERRED TO AS THE "CITY ", WITH SUCH POWERS, PRIVILEGES, RIGETS, DUTIES AND IMMUNITIES AS ARE HEREIN PROVIDED. SECTION Z. ANNEXATION. THE CITY OF CORPUS CHRISTI IS EMPOWERED TO ANNEX ADDITIONAL TERRITORY ADJOINING OR LYING ADJACENT TO THE CITY IN THE MANNER SET FORTH IN EITHER OF THE FOLLOWING SUB- SECTIONS (A), (B), OR (C). (A) THE QUESTION OF ANNEXATION OF A GIVEN TERRITORY MAY BE SUBMITTED TO THE QUALIFIED VOTERS OF THE CITY AT AN ELECTION DULY CALLED FOR SUCH PUR- POSE; AND IF A MAJORITY OF SUCH QUALIFIED VOTERS VOTING AT SUCH ELECTION FAVOR THE ANNEXATION OF SUCH TERRITORY, THE SAME SHALL BE ANNEXED BY ORDINANCE OF THE CITY COUNCIL; AND WHEN ANY ADDITIONAL TERRITORY HAS BEEN SO ANNEXED, THE SAME SHALL BE A PART OF THE CITY OF CORPUS CHRISTI AND THE PROPERTY THEREIN SHALL BEAR ITS PRO RATA PART OF THE TAXES LEVIED BY THE CITY, AND THE INHABIT- - ANTSTHEREOF SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF ALL THE CITIZENS, AND SHALL BE BOUND BY THE ACTS, ORDINANCES, RESOLUTIONS AND REGULATION'S OF THE CITY. SUCH QUESTION OF ANNEXATION OF ANY GIVEN TERRITORY MAY BE SUBMITTED TO THE QUALIFIED VOTERS OF THE CITY AT ANY TIME UPON THE MAJORITY VOTE OF THE - MEMBERS OF THE COUNCIL. THE QUESTION OF ANNEXATION OF A14Y GIVEN TERRITORY MAY COME BEFORE THE COUNCIL FOR CONSIDERATION UPON EITHER (1) THE WILL OF THE COUNCIL, OR (Z) THE WRITTEN RECOMMENDATION OF THE ZONING AND PLANNING COMMISSION OF THE CITY, OR (3) PETITION SIGNED BY NOT LESS THAN 1,500 QUALI- FIED VOTERS OF THE CITY, OR (4) PETITION SIGNED BY NOT LESS THAN 10% OF THE QUALIFIED VOTERS RESIDING IN THE TERRITORY PROPOSED TO BE ANNEXED. (B) THE CITY COUNCIL SHALL HAVE THE POWER BY ORDINANCE TO CONTRACT WITH ALL PROPERTY OWNERS AND CONTIGUOUS TERRITORY PROPOSED FOR ANNEXATION WITH INSTRUMENTS IN WRITING DULY EXECUTED AND ACKNOWLEDGED BY ALL PERSONS, CORPORATIONS AND ENTITIES OWNING REAL PROPERTY WITHIN SUCH PROPERTY, PROVIDING SUCH ANNEXATION, IN THE OPINION OF THE CITY COUNCIL, IS DEEMED TO BE IN THE -18- REvIsED 3/95/55 PRESENT INTEREST OF THE CITY. THAT UPON THE INTRODUCTION OF ANV SUCH ORDINANCE IN THE CITY COUNCIL, IT SHALL BE PUBLISHED, IN THE FORM IN WHICH IT MAY BE FINALLY PASSED, IN A NEWSPAPER PUBLISHED IN THE CITY OF CORPUS CHRISTI AT LEAST ONE TIME, AND SAID ORDINANCE SHALL NOT THEREAFTER BE FINALLY ACTED UPON UNTIL AT LEAST THIRTY (30) DAYS HAVE ELAPSED AFTER THE FIRST PUBLICATION THEREOF; AND UPON THE FINAL PASSAGE OF ANY SUCH ORDINANCE THE BOUNDARY LIMITS OF THE CITY SHALL THEREAFTER BE EXTENDED OR FIXED AS PROVIDED IN SUCH ORDINANCE; AND WHEN ANY ADDITIONAL TERRITORY HAS BEEN SO ANNEXED, THE SAME SHALL BE A PART OF THE CITY OF CORPUS CHRISTI, TEXAS, AND THE PROPERTY THEREIN SHALL BEAR ITS PRO DATA PART OF THE TAXES LEVIED BY THE CITY, AND THE INHABITANTS THEREOF SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF ALL THE CITIZENS AND SHALL BE BOUND BY YHE ACTS, ORDINANCES, RESOLUTIONS AND REGULATIONS.oF THE CITY. (C) THE CITY COUNCIL SHALL HAVE- THE,POWER BY ORDINANCE TO ANNEX ADDITIONAL TERRITORY ABUTTING AND LYING ADUACEMT To THE CITY WHICH CONSTITUTES OR IS USED FOR ROADS, HIGHWAYS, STREETS ALLEYS, SIDEWALKS, PARKS, OR ANY OTHER GROUNDS WHICH ARE OWNED BY ANY POLITICAL SUBDIVISION OR WHICH HAVE BEEN DEDICATED TO A PUBLIC USE AND NOT EXCEEDING A DISTANCE OF 200 FEET FROM THE CITY LIMITS AS ESTABLISHED BY ANNEXATION BY SOME OTHER PROVISION OF THIS CHARTER. ,#swx.R L___] YES 11 No REV05Fl0 3/15,/55 PROPOSMON NUMBER 9. SHALL THE CHARTER OF THE CITY OF CORPUS CHRISTI BE AMENDED BY REPEALING ALL OF SECTION 10 OF ARTICLE V AND ADOPTING AND SUBSTITUTING THEREFOR A NEW SECTION NUMBERED SECTION 90 OF ARTICLE V, SUCH NEW SECTION OF SAID ARTICLE TO READ AS FOLLOWS' SECTION 10. ADMINISTRATIVE DEPARTMENTS. THERE SHALL BE AND THERE IS HEREBY ESTABLISHED THE FOLLOWING ADMINISTRATIVE DEPARTMENTS' FINANCE DEPARTMENT; LEGAL DEPARTMENT; PUBLIC WORKS DEPARTMENT; PUBLIC UTILITIES DEPARTMENT; PUBLIC HEALTH DEPARTMENT; PUBLIC SAFETY DEPARTMENT; AND THERE SHALL BE SUCH OTHER ADMINISTRATIVE DEPARTMENTS AS MAY BE ESTAB- LISHED BY ORDINANCE, WITH THE FUNCTIONS THEREOF BEING AS THEREIN SPECI= PIED. ALL ADMINISTRATIVE DEPARTMENTS SHALL BE UNDER THE CONTROL OF THE CITY MANAGER. WITH THE EXCEPTION OF THE FDNANCE DEPARTMENT AND THE LEGAL DEPARTMENT, ANY OR ALL OF THE OTHER DEPARTMENTS ESTABLISHED By THIS CHARTER OR ESTABLISHED BY ORDINANCE MAY BE BY THE COUNCIL BY ORDI- NANCE RENAMED, CONSOLIDATED WITH ANOTHER DEPARTMENT, OR DISCONTINUED WITH THE FUNCTIONS THEREOF BEING TRANSFERRED OR ASSIGNED TO ANOTHER DEPARTMENT OR DEPARTMENTS, BUT PRIOR TO THE ENACTMENT OF AN ORDINANCE FOR THE RENAMING, CONSOLIDATION, OR DISCONTINUANCE OF AMY SUCH DEPARTMENT THE COUNCIL SHALL CONSIDER RECOMMENDATIONS OF THE CITY MANAGER WITH REGARD THERETO. THE COUNCIL BY ORDINANCE MAY CREATE, CHANCE,, TRANSFER, OR ABOLISH OFFICES IN ANY DEPARTMENT OTHER THAN THE OFFIC5S ESTABLISHED BY THIS CHARTER FOR THE FINANCE DEPARTMENT AND THE LEGAI,, DEPARTMENT; AND OFF©CEINANCE MAY ASSIGN OR TRANSFER ADDITIONAL FUNCTIONS OR DEPARTMENTS, WITH THE EXCEPTION THAT THi COUNCIL MAY NOT ASSIGN OR TRANSFER TO ANY OTHER OFFICE OR DEPARTMENT ANY FUNCTION OR DUTY ASSIGNED BY THIS CHARTER TO THE FINANCF DEPARTMENT OR TO THE LEGAL DEPARTMENT; BUT PRIOR TO THE ENACTMENT OF AN ORDINANCE FOR ANY SUCH PURPOSE THE COUNCIL SHALL CONSIDER RECOMMENDATIONS OF THE CITY MANAGER. WITH REGARD THERETO. THE COUNCIL SHALL, IN COOPERATION WITH THE CITY MANAGER, FIX ALL SALARIES FOR ALL OFFICERS AND EMPLOYEES OF ALL DEPARTMENTS; AND SALARIES OF EMPLOYEES IN THE CLASSIFIED SERVICE SHALL BE UNIFORM FOR EACH GRADE ESTABLISHED BY THE CIVIL SERVICE COMMISSION. ANSWER D PE`" 0 NO -20 REVISE& 3A Y55 PROPOSITION NUMBER 10 SHALL THE CHARTER OF THE CITY OF CORPUS CHRISTI BE AMENDED BY ADDING THERETO A NEW ARTICLE TO BE DESIGNATED AS ARTICLE XV, SUCH NEW ARTICLE TO READ AS FOLLOWS: ARTICLE XV SECTION 1. CONSOLIDATION OF FUNCTIONS AND PROCEDURES. THE CITY OF CORPUS "CHRISTI SHALL HAVE THE RIGHT TO COMBINE AND CONSOLIDATE WITH NUECES COUNTY, TEXAS, THE CORPUS CHRISTI - INDEPENDENT SCHOOL DISTRICT, THE CORPUS CHRISTI JUNIOR COLLEGE DISTRICT, THE LOWER NUECES RIVER WATER SUPPLY DISTRICT, OR OTHER POLITICAL SUBDIVISIONS HAVING SOME TERRITORY IN COMMON WITH THE CITY OF CORPUS CHRISTI, OR ANY ONE OR MORE OF THEM, ANY OR ALL OF THE FUNCTIONS AND PROCEDURES OF TAX RENDITIONS, TAX LISTS, TAX ROLLS, BOARDS OF EQUALIZATION, AND THE ASSESSMENT AND COLLECTION OF ANY OR ALL TAXES, RESPECTIVELY, LEVIED OR TO BE LEVIED BY ANY SUCH POLITICAL SUBDIVISION. THE CITY OF CORPUS CHRISTI SHALL HAVE THE RIGHT TO COMBINE AND CONSOLIDATE WITH NUECES COUNTY, TEXAS, ANY OR ALL FUNCTIONS AND'PROCEDURES OF ENFORCING ANY OR ALL PENAL LAWS, MUNICIPAL, STATE AND FEDERAL, THE ARREST AND DETENTION OF OFFENDERS AND VIOLATORS, THE ENFORCEMENT OF ANY OR ALL OTHER LAWS OF THE STATE OF TEXAS AND ALL ORDINANCES OF THE CITY OF CORPUS CHRISTI, THE PRESERVATION OF GOOD ORDER AND THE PROTECTION OF THE INHABITANTS AND PROPERTY WITHIN THE CITY OF CORPUS CHRISTI AND WITHIN NUECES COUNTY, TEXAS. THE CITY OF CORPUS CHRISTI SHALL HAVE THE RIGHT TO COMBINE AND CONSOLIDATE WITH NUECES COUNTY, TEXAS, ANY OR ALL FUNCTIONS AND PROCEDURES RELATING TO PUBLIC HEALTH, PUBLIC CHARITIES, AND PUBLIC REHABILI- TATION OR ASSISTANCE PROGRAMS. SECTION 2. EFFECTUATION OF CONSOLIDATION BY ORDINANCE. THE COUNCIL MAY BY ORDINANCE PROVIDE FOR, EFFECTUATE AND IMPLEMENT SUCH COMBINATION AND CONSOLIDATION AS IS IN SECTION i OF THIS ARTICLE AUTHORIZED; AND THE COUNCIL MAY BY ORDINANCE PROVIDE FOR, EFFECTUATE AND IMPLEMENT ANY OTHER CONSOLIDATION AND COMBINATION OF THE FUNCTIONS AND PROCEDURES OF ANY DEPARTMENT OR DIVISION OF THE CITY OF CORPUS CHRISTI WITH ANY POLITICAL SUBDIVISION IDENTIFIED IN SECTION 1 OF THIS ARTICLE, OR ANY ONE OR MORE OF THEM, WHICH EITHER MAY NOW OR HEREAFTER BE AUTHORIZED OR PERMITTED BY CONSTITUTION OR LAWS OF THE STATE OF TEXAS. SECTION 3. USE OF PERSONNEL. WHEIItCVER ANY FUNCTIONS AND PROCEDURES OF THE CITY BE COMBINED AND CONSOLIDATED WITH ANY FUNDTIONS AND PROCEDURES AS AFORESAID, OR ANY ONE OR MORE OF THEM, AS IN THIS ARTICLE PROVIDED, THE SAME PERSONNEL AND THE SAME APPOINTIVE MEMBERS OF BOARDS OF EQUALIZATION MAY BE UTILIZED IN THE PERFORMANCE OF SUCH FUNCTIONS AND PROCEDURES, AND THEY WILL BE DEEMED TO BE THE EMPLOYEES OR APPOINTEES OF EACH SUCH POLITICAL SUB- DIVISION, TO THE EXTENT THEY PERFORM SERVICES FOR IT. ANSWER ❑ YES ❑ NO -21- I REVISED 3,4'5155 PROPOSITVON NUMBER 11 SHALL THE CHARTER OF THE CITY OF CORPUS CHRISTI BE AMENDED BY REPEALING ALL OF SECTION 9 OF ARTICLE X AND ALL OF SECTION 3 OF ARTICLE 91 AND ADOPTING AND SUBSTITUTING THEREFOR A NEW SECTION TO BE NUMBERED SECTION 9 OF ARTICLE X, SUCH NEW SECTION OF SAID ARTICLE TO READ AS FOLLOWS' SECTION 9. ZONING AND PLANNING COMMISSION, (A) ORGANIZATION. THERE SHALL BE ESTABLISHED A ZONING AND PLANNING COMMISSION WHICH SHALL CONSIST OF NINE CITIZENS OF THE CITY OF' CORPUS CHRISTI WHO OWN REAL PROPERTY WITHIN SAID CITY. THE MEMBERS OF SAID COMMISSION SHALL BE APPOINTED BY THE COUNCIL FOR A TERM OF TWO YEARS, FIVE MEMBERS TO BE APPOINTED IN EVERY ODD - NUMBERED YEAR AND FOUR MEMBERS IN EVERY EVEN - NUMBERED YEAR. THE COMMISSION SHALL ELECT A CYAIRMAN FROM AMONG ITS MEMBERSHIP AND SHALL MEET NOT LESS THAN ONCE EACH MONTH. VACANCIES IN AN UNEXPIRED TERM SHALL BE FILLED BY THE COUNCIL FOR THE REMAINDER OF THE TERM. (B) POWERS AND DUTIES. THE ZONING ALTO PLANNING COMMISSION SHALL; (1) MAKE AND AMEND A MASTER PLAN FOR THE PHYSICAL DEVELOPMENT OF THE CITY, (2) RECOMMEND TO THE COUNCIL APPROVAL OR DISAPPROVAL OF PROPOSED CHANGES IN THE ZONING PLAN; (3) EXERCISE CONTROL OVER PLAT'iING OR SUBDIVIDING LAND WITHIN THE CORPORATE LIM175 OF THE CITY AND WITHIN 11�� AN AREA'EXTENDING FIVE MILES BEYOND THE CITY; `4) SUBMIT ANNUALLY TO THE CITY MANAGER NOT LESS THAN NINETY DAYS PRIOR TO THE BEGINNING OF THE BUDGET YEAR, A LIST OF RECOMMENDED CAPITAL IMPROVEMENTS WHICH IN THE OPINION OF THE CCMMISSION ARE NECESSARY OR DE- SIRABLE DURING THE FORTHCOMING FIVE YEAR PERIOD; t5? REQUIRE INFORMATION FRE)M THE CTHER DEPARTMENTS OF THE CITY GOVERNMENT IN RELATION TO ITS WORK; THE CQMMISSION SHALL BE RESPONSIBLE TO AND ACT AN AN ADVISORY BODY TO THE COUNCIL AND SHALL PERFORM SUCH ADDITIONAL DUTIES AND -22® EXERCISE SUCH ADDITIONAL POWERS AS MAY BE PRESCRIBED BY ORDINANCE OF THE COUNCIL NOT INCONSISTENT WITH THE PROVISICNS OF THIS CHA ., /� RTER THE ANNUAL BUDGET FOR THE COMMISSION SHALL BE PREPARED BY THE COM- MISSION AND BE SUBMITTED FOR APPROVAL TO THE CITY MANAGER IN THE MANNER OF THE SUBMISSION OF BUDGETS OF ADMINISTRATIVE DEPARTMENTS OF THE CITY. (C) DIRECTOR OF ZONING AND PLANNING., THERE SHALL BE A DIRECTOR OF ZONING AND PLANNING WHO SHALL BE QUALIFIED BY SPECIAL TRAINING AND EXPERIENCE IN THE FIELD OF CITY ZONING AND PLANNING, AND WHO SHALL BE APPOINTED BY THE CITY MANAGER, PROVIDED, HOWEVER,, SUCH APPOINTMENT BEFORE IT BECOMES EFFECTIVE SHALL BE CONFIRMED BY A RESOLUTION PASSED BY A MAJORITY OF THE MEMBERS OF THE COUNCIL. SUCH DIRECTOR SHALL SERVE AS THE REGULAR TECHNH CAL ADVISER OF THE COMMISSION AND SHALL HAVE SUCH OTHER DUTIES AND RESPONSIBILITIES AS THE COUNCIL MAY ESTABLISH. THE DIRECTOR OF ZONING AND PLANNING MAY BE REMOVED BY THE CITY MANAGER,, FROVIDED,, HOWEVER, SUCH REMOVAL SHALL BE CONSENTED TO BY RESOLUTICN PASSED BY A MAJORITY OF THE MEMBERS OF THE COUNCIL BEFORE SUCH REMOVAL`. SHALL BECOME EFFECTIVE. IN ADDITION TO THE DIRECTOR OF ZONING AND PLANNING THERE MAY BE ADDITIONAL PERSONNEL SHALL BE EMPLOYED 9Y THE CIT'I' MANAGER AND MAY BE REMOVED BY THE CITY MANAGER. (D) THE MASTER PLAN. THE MASTER PLAN FOR TEE PHYSICAL DEVELOP- MENT OF THE CITY OF CORPUS CHRIS71 SHALL CONTAIN TAE COMMISSIOWS RECOMMENDATIONS FOR GROWTH., DEVELOPMENT Af-O SEA'.TVFICAti 90N OF THE CITY. A COPY OF THE MASTER PLAN, OR ANJ PART THEREOF, eti.'IALL BE FORWARDED TO THE CITY MANAGER WHO SHALL THEREVPD>i SUP!MIT SUCH PLAN, OR PART THEREOF, TO THE COUNCIL WITH HI�a RECjDM MENDATIf :Na TmE R -Z ON. THE COUNCIL MAY ADOPT TH45 PLAN AS A WHOLE OR IN Fu,IRTS AND MAY ADOPT ANY AMENDMENT THERETO; AFTER AT LFA:,T 0118E FUEL_ C LMt AfS IN+s ON THE PROPOSED ACTION. THE CGuNtIL SHALL R,Cl ON C;'m LH PLAN, OR PARTY THEREOF, WITHIN SIXTY DA9f$ FOiLOWIN'G ITS SU9MI<SION BY THE. CITY MANAGER. IF SUCH PLAN, OR PART THEREOF, SHOULD 6E REJECTED EY THE COUNCIL THE COMMISSION MA'T MODIFY SUCH PLAA, OF PART THEREOF, AND AGAIN FORWARD IT TO THE CITY MANAGER FOR SJ B' ?9tl S.5ION -u -D THE COUNCI'_. ALL AMENDMENTS TO THE MASTER PLAN BY THE C4'oMI980ON SHALL BE SUBMITTED IN THE SAME MANNER AS T'.IA7 OUTLIF'ED ASCVfE TO THE COUNCIL FOR APPROVAL, AND ALL R ZCOMMENOATICIIS TO TIME COUNCIL FROM ANY CITY DEPARTMENT AFFECTING MA: ;rGE :� PLpN MUST BE ACCOM­ PANIED BY A RECOMMENDATION FROM THE: COMVI SSd�'N. - (E) LEGAL EFFECT OF MASTER PLAN., !P3N ,4'-, -PTICN ',)F 7WE: MASTER PLAN BY THE COUNCIL, NO SUBDI "gISION, ST"r -ET' I'AI,K w:OR RfNY WA. `ra, GROUND OR SPACE, PUBLIC BUILDING OR e.TRUCTURE Nub F "2E'LIC UTILfTY, WHETHER PUBLICLY OR PRIVATELY OWNED bJHV CF? IS I;,h W17H 7HE MASTER PLAN, SHALL BE CONSTRUZ7EIL' riR AUTPi:�?'I "" -.'EL' 56' yHE CITY U647IL —23— and mrLss the location and extent thereof shall have been labmitted to mad-approved by the Commission. In case of disapproval, the Cos - mission shall communicate its reasons to the Council, which shall have the power to overrule such disapproval and upon such overruling the Council or the appropriate office, department or agency shall have power to proceed. The widening, narrowing, relocating, vacating or change in the as* of any street or other public way or ground or public building, public property, or public utility, shall be subject to similar submission and approval, and failure to approve maybe similarly overruled by the Council. The failure of the Com- mission to act within thirty days after the date of official sub- mission to the Commission shall be deemed approval, unless a longer period be granted by the Council or the submitting official. (f) Platting Property, Any property within the City or here- after admitted but not now platted into blocks and lots, shall be platted and laid off by its owners to conform to the requirements of the head of the Engineering and Construction Division of the Department of Public Works and the Zoning and Planning Commission. Its owners, before such property is laid off and subdivided, shall file with the head of the Engineering and Construction Division of the Department of Public Works and with the Zoning and Planning Commission a correct map thereof, The City shall never pay for the property used for streets and alleys within any such subdivision, but.same shall, when platted by such act, be dedicated to such use and shall become the property of the City and shall be cared for as such. Such map shall be approved by the head of the Engineering and Construction Division of the Department of Public Works and by the Toning and Planning Commission before any portion of said property shall.be platted. After approval such map shall be filed in the office of the County Clerk in the manner provided by law. The head of the Engineering and Construction Division of the Department of Public Works shall never grant any permit to construct or repair any house or structure within such area until such map shall be so approved and filed. The Council shall pass all necessary ordinances to effectuate the provisions of this Section and shall also pass all necessary ordinances prescribing reasonable rules and regvle- tions for laying mains or pipes, sewers, public utility wires, pipes, posts, or cables, and the kind and character of street paving, curbs and sidewalks which may be placed in any such sub- division. ,ICJ -'1W- REVISED 3,15/55. PROPOSITION NUMBER 12. SHALL THE CHARTER OF THE CITY OF CORPUS CHRISTI BE AMENDED BY REPEALING ALL OF SECTION 5 OF ARTICLE V AND ADOPTING AND SUBSTITUTING THEREFOR A NEW SECTION NUMBERED SECTION 5 OF ARTICLE VD SUCH NEW SECTION OF SAID ARTICLE TO READ AS FOLLOWS% SECTION 5. THE CITY MANAGER. T'HE COUNCIL SHALL APPOINT A CITY MANAGER WHO SHALL BE THE CHIEF ADMINOSTRATIVE AND EXECUTIVE OFFICER OF THE CITY. THE MANAGER SHALL BE CHOSEN BY THE COUNCIL SOLELY ON THE BASIS OF HIS EXECUTIVE AND ADMINISTRATIVE TRAINING, EXPERIENCE AND ABILITY, AND WITHOUT REGARD TO POLITICAL CONSEDERAT00MS, AND NEED NOT WHEN APPOINTED BE A RESIDENT OF THE CITY OF Cr RPUS CHRISTI OR OF THE STATE OF TEXAS, BUT SHALL, DURING HIS TERM OF OFFICE AS CITY MANAGER OF CORPUS CHRISTI, RESIDE IN, AND BE A RESIDENT OF, THE CITY OF CORPUS CHRISTI, NO MEMBER OF THE COUNCIL SHALL, DURING THE TIME FOR WHICH HE IS ELECTED, BE CHOSEN AS CITY MANAGER. THE CITY MANAGER MAY BE EMPLOYED FOR AN INDEFINITE TERM, BUT MAY BE REMOVED AT THE WILL AND PLEASURE OF THE COUNCIL BY A MAJORITY VOTE OF THE ENTIRE MEMBERSHIP OF THE COUNCIL. WHEN THE CITY MANAGER BE SO REMOVED BY THE COUNCIL HIS COMPENSATION SHALL CEASE ON THE DATE OF HIS REMOVAL. THE ACTION OF THE COUNCIL IN REMOVING THE CITY MANAGER SHALL BE FIMAL, IT BEING THE 5NTSHT50N OF THIS CHARTER TO VEST ALL AUTHORITY AND FIX ALL RESPONSIBILITY FOR SUCH REMOVAL IN THE COUNCIL. IN THE CASE OF THE ABSENCE OR DISABILITY OF THE CITY MANAGER, THE COUNCIL MAY DESIGNATE SOME QUALIFIED PERSON TO PERFORM THE DUTIES OF THE OFFICE DURING SUCH ABSENCE OR D9SABILBTY. THE CITY MANAGER SHALL RECEIVE SUCH COMPENSATION AS MAY BE FIXED BY THE COUNCIL. ANSWER 1:1 YES N0 m25o REv i iro 3/15/55 PROPOSITION NUMBER 13. Shall the Charter of the City of Corpus Christi be amended by repealing all of Section 6, Section 7, Section 8, Section 9, and Section 78 of Article V and all of Section 9 of Article VII, and adopting and substituting therefor new sections numbered Sec- tion 6, Section 7, Section 8 and Section 9 of Article V, such new sections of said Article to read as follows: Section 6. Powers and Duties. The powers and duties of the City Manager shall be as follows: To see that all laws and ordinances are enforced. To exercise control over all departments and subdivisions thereof created by the City Charter and amendments .thereto, or that may hereafter be created by the 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 faith- fully 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 Council, with the right to take part in the discussion, but having no vote. He shall be entitled to notice of all special meetings in the same manner es such notice is given to members of the Council. Any action taken at any meeting of the Council of which the City Manager has not been notified shall be of no force or effect, except, however,-the action of designating a person to perform therduties of City Manager in his absence shall be of full force and 'effect. To recommend to the Council for adoption such measures as he may deem necessary or expedient. To keep the Council at all times fully advised as to the financial condition and needs of the City and to reader a HOOT Htv summery statement of departmental activities. To act as budget officer, and, as such, prepare and submit to the Council the annual budget, after receiving estimates made Rr ; a Ec 3i A`,11 by the directors of the various departments of the City To see that the City lives within its budget, and be- tore any expenditures are made from budgetary appropriations for any sad all boards created by Charter or ordinance, to see - that such expenditures are lawful and to the best interest of the City. To that and the City Manager shall be an ex officio member of all such boards or commissions without vote, but with the right of veto of any proposed expenditures that he shall deem not to the best interest of the City. Any moneys so expended for the account of any board or commission shall be disbursed as provided In Section lb of this Article. To execute deeds on behalf of the City when authorized by ordinance duly passed by the Council; to make and execute all contracts on behalf of the City, provided, however, all con- tracts for expenditures not included in the annual budget shall. be approved by the 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 prescribed by the City Charter or by ordinance or resolution of the Council, and to be responsible to the Council for the proper administration of all the City affairs placed in his hands. The Council shall require the City Manager, before entering upon the duties of his office, to execute a good and sufficient bond with a surety com- pany doing business in Texas as surety thereon, which bond shall be approved by the Council. Said bond shall be in such amount as the Council may 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. Section 7. Employment of Personnel. All Directors of Depart - neuts and Division Heads, whetber specifically provided in this Charter or by ordinance, shall be appointed by the City Manager, provided, however, each such appointment before it becomes effec- tive shall be confirmed by resolution passed) by a majority of the members of the Council; and all other employees of the City whose appointment `is not otherwise provided for in this Charter shall be appointed by the City Manager, provided, however, that in the Classified Service any appointment shall be subject to the Classified Service provisions of this Charter. All appoint- ments shall be on the basis of executive and administrative ex- perience and ability, and of training, fitness and efficiency of such appointees in the work which they are to administer. ANY DIRECTOR OF A DEPARTMENT A, ID ANY DI "!150,+, :N' H--,',D, XETHEIR SPECIFICALLY PROVIDED IN THIS CHAPTER ryR BY; DR.DONAM,Ey taiAY BE RC- MOVED BY THE CITY MANAGER, PROV;D %SD. 40WCVcRp AN" REMOVAL SHALL BE CONSENTED TO BY RESOLUT7OK PA`r3E0 BY A MAm1GR0 T`r OF 7Y17-- MEMBERS OF THE COUNCIL BEFORE SUCH RE[M.O "VA- SHAL__ ;3 -eCIWE EFe'ECTV'Va; AND ALL OTHER EMPLOYEES OF THE C11"Y °WHGS£ R'LMl5',xL IS Nfi; OTHERWi E PROVIDED IN THIS CHARTER MAY BE R ".; MOVED C',' i;'E G0 7. PRO° VIDEDt HOWEVER, THAT IN THE CLA5SIFIFP, a..RVICE Ar"'i RI[.M'cl "' BE SUBJECT TO THE CLASSIFIED SER",, CE P'B::�VOSOC "d `. Ov `,. i CHAPTER. IN CASE OF THE REMOVAL OF A DIR£CTCR C'' A JE'r'@.hT _'nT�oE A DI, ,3icm HEAD AFTER SIX MONTHS OF SEF. "6LE� IF 7I,C °m'EP?ECTCR OR 'HE DOVCS4Cq HEAD SO DEMANDS, A WRITTEN STATEMENT J° Tr.- -i1, RE:MOWAL SHALL BE MADE BY THE CITY MA'NACT.L IP ANi7 e;h <TATL; E:•. T" w.. n. " +•.aTTEi9 REPLY THERETO OF THE DIRECTOR DP TML DIi•fzV ?L''v NZ-L S4,,L.L BE !`°ILEL+ AS A PUBLIC RECORD IN THE OFFICE C,I °uy SEC ET'r; SECTION 8, INTERFERENCE.. 5U6.7ECT 'gad 11AFT HEPE0N PR+3VODED RIGHTS AND RESPONSIBILITIES OF THE COOMf.OL VOR !;O:AFIRMAIFODN, [;CONSENT &M.D INVESTIGATION, NEITHER THE COUNCIL NOV AN'J Or ITC MLMEEPS ShAL� P'45TPUCT OR REQUEST THE CITY MANAGER OR ANY OF HO.S ';UBOK'; N.:TES TO APPOINT TO OR REMOVE FROM OFFICE OR EMPLOYMENT ANY FE:RSO?; EXCE?T °'t079-, , R�-SPE.6T TO `"''POSE OFFICES WHICH ARE TO BE FOLLED B% APPC,INTMENT P't' THE COLTN,'.7s UNDER THE PROVISIONS OF THIS CHARTER. EXCEPT F3% �,TiF PUBtP25e5 CF ON-_'+IRY AND INVESTIGATION, EMFORCVNG AN ORDIN;AN ?CE � 'Y: ^I Z G:3 A PENAL LAW, FEDERAL, STATE OR M'UNIPAPeAL, Yo-aC COQN-�OL °),',LL IDEA!-, 'wITH THE ADMINISTRATIVE SERVICE OF THE C I T'T YN`E CS "`f MANAGER AND SHALL NOT GIVE ORDERS TO Air?' ?' OF T:'3 i' M�4NA -; "aecP °S r: 1B VRL'•tlN,`t -Y E'S. W6LLFUL VIOLATION OF THE FOREGOING PPOVBN! -,`S cF T'Ifl =. CHA6ET k:R Hf ;,Nv' MEd^d P,E6; OF THE COUNCIL SHALL CONSTITUTE C•FFI✓_VAL WIOSd HDUCT. SECTION 9. INVESTIGATo ON AND RE'SF`63fri5IEhL O'i�Y. 1HE COUNCIL ;"' -zALL HAVE THE EXPRESS POWER TO INQUIRE IirTC TH>- OFW" CEAL a,ONOUCT OF ANY DEPARTMENT, DIVOSION, AGENCY, OFFICE, D6FICEK OR EMPLO'rEE 0'a° THE C17Y, AND FOR THAT PURPOSE SHALL HAVE THE POWER T:Y FDOONIS7EH OATHP, SUBPOENA WITNESSES, COMPEL THE PROIOUCTION OF :!C -JSS„ A.PE R3, -A'. D O HER EVIDENCE. MATERIAL TO THE INQUIRY. REFUSAL TO ATTEND AMC? T TOeti OR TO PRODUCE BOOKS, PAPERS, AND OTHER EVOO£NCE MAI[ZEO, ?L TC• THE 'Iti 'DORY', •SHALL RESULT �' IN FORFEITURE OF ANY OFFICE, EMFLVL' 'hvT, EMOLLIENTS. T.,. r „r.NTRACT THEN ACCRUIMG TO THE PERSON SO RE4PU:`v I;4G. T,, -` C,OUVgC, L !Wk'P PF'OWILE 37 ORDINANCE ADDITIONAL PENALTIES FOR CONTEMPT OM "AGLINC TO OBEY ANV SUCH SUBPOENA, OR TO PRODUCE A•'N'r SJCK vP, -fF. F, •, C1P 3ihlFR EVIDENCE, AND SHALL HAVE THE POWER 'TO P,;,N sv4 IN Tv- NNER PRO- VIDED BY SUCH ORDINANCE. ::8= REVISED V5/55e ALL DUTIES AND RESPONSIBILITIES NOT EXPRESSLY OR IMPLIEDLY DELEGATED TO THE CITY MANAGER BY THIS CHARTER SHALL BE THE DUTIES AND RESPONSIBILITIES OF THE COUNCIL. THE MAYOR AND EACH OF THE COMMISSIONERS SHALL EACH BE RESPONSIBLE FOR AND SHALL REQUIRE THE CITY MANAGER AS THE PRINCIPAL EXECUTIVE OFFICER OF THE ADMINISTRATIVE BRANCH OF THE GOVERNMENT OF THE CITY TO ENFORCE OR CAUSE THE ENFORCEMENT OF THE LAWS AND ORDINANCES OF THE CITY AND TO ENFORCE OR CAUSE THE ENFORCEMENT OF ALL PENAL LAWS, FEDERAL, STATE AND MUNICIPAL, ALL IRRESPECT- IVE OF THE DELEGATION OF RESPONSIBILITIES TO THE CITY MANAGER AND TO OTHER OFFICERS AND EMPLOYEES OF THE ADMINISTRATIVE BRANCH OF THE GOVERNMENT OF THE CITY. ANSWER ❑ YES 17 NO _Zwm Rz —D 3/15!155 PROPOSITION NUMBER 14. 1. !hall the Charter of the City of Corpus Christi be amended by repealing all of Section 15, Section 16, Section 17, Section 18, Section 19, Section 20, Section 21, Section 22, Section 23, and 3ectiea 33 of Article V and by repealing all of Section 3 of Article X. and adopting and substituting therefor new sections numbered Section 15, Section 16, Section 17, Section 18, Section 19, Section 20, Section 21, and Section 22 of Article V, such new sections of said Article to read as follows. - -Section 16. Director of Finance. The Director of Finance shell, under the direction and control of the City Manager, have charge of the Department of Finance, which shall include the ac- counting, treasury, purchasing, taxation, and budgeting divisions. 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. Be shall have control of the custody and disburse - aeat of City funds and moneys, according to ordinances and regula- tions of the Council by direction of the City Managers the assess - aeat and collection of such taxes, including special assessments, as way be levied by ordinance; the issuance of licenses and col- lection of license fees; and shall perform such other duties as the City Manager may require, or the Council may designate by ordinance.. Before assuming the duties of his office the Director of Finance shall execute a bond with some responsible surety com- panyo acceptable to the Council, in such amount as may be required by the Council, conditioned for the faithful performance of the duties of -his office, the premium of which bond shall be paid by the City of Corpus Christi, Section 16. Accounts. The Director of Finance shall, under the direction of the City Manager, establish and maintain an ade- qaate system of accounting. 'It shall be his duty to examine in detail all bills, accounts and claims against the City, and, if found correct, to certify his approval tbereforg but, if found Incorrect, he shall return than to the department presenting the same, for correction. Be shall keep comprehensive accounts of all receipts and disbursements of money, and, under proper headings °3'C_ separately, each source of receipt and the cause of each disburse- ment, He shall also keep an account with each person, including the officers, who have money transactions with the City, crediting amounts allowed by proper authority, and specifying the transac- tions to which such entries apply. It shall also be his duty to examine all warrants and countersign the same after appropriation has been duly made by the Council to pay the same, lie shall also ascertain whether any expenditure made or proposed to be made by the City is excessive, either in the price of the thing purchased, the computation of the charge, or otherwise, and if he shall so find, he shall make a report thereon to the City Manager. Section 17. City Controller. The City Controller, who shall be appointed by the Council, shall be the Chief Auditor of the City, and he shall be responsible for carrying on a continuing audit of the books and accounts of the City of Corpus Christi;, he shall be responsible to the Council and shall perform such duties as are herein set forth and such other functions and duties as may be from time to time assigned by the Council. Section 18. Audit. Upon the death, resignation, removal or expiration of the term of any officer of the City, other than the City Controller, the City Controller shall cause an audit and in- vestigation of the accounts of suwh off'lcec to be mare 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. If, as a 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 Council, the City Manager and the City Attorney,, and the latter shall, as directed by the City Manager, forthwith proceed to collect such indebtedness. Section 19, City Treasurer and City Depository., The City Manager shall appoint a City Treasurer, who may be an officer of the depository bank, who shall perform such duties as the City Nexager may require and shall receive for his services the sum of Five Dollars per annum, The City Manager shall, immediately after each biennial elec- tion of the Mayor and Commissioners, advertise in the official newspaper for two successive 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, Ile shall also mail to each bank in the City, within three days after the first pub- lication of such advertisement, a copy of such notice, The date of opening of said bids shall be specified in the said advertise- ment. On the tenth day after the first day of such advertisement, M RE- t- 3/15/55 Sundays and legal holidays excluded, all bids shall be opened and osuibed by the Council and City Manager. At the next regular meetta$ of the Council, the City Manager and Council shall pass upon said bids and select a City Depository, which shall be under the direct supervision of the City Manager and Council, The City Depository shall give bond for such suss as may be" proieribed.by the Council, conditioned for the faithful perform - once of its duties and that it will well and truly account for all moneys deposited with it and pay over all balances to its suc- cessors when qualified. Within sixty days after its selection and the approval of its bond, all funds belonging to the City shall be transferred to the City Depository selected. From and after said transfer of funds, and not before, the City Depository se- lected-sball be the duly qualified City Depository for two years thereafter and until its successor is qualified. The City Depository shall receive and securely keep all se- curities and moneys belonging to the City and make all payments of the some only upon warrants or orders signed under the seal of the City by the Director of Finance or the City Manager and countersigned by the City Secretary or such other officer of the City as maybe designated by the Council; provided that, no order or.warraat shall be paid by the City Depository unless it shows upon its face that the City Manager has ordered its issuance and states the purpose,for which same was issued, The City Depository shall render a full and correct statement, under oath, of its re- ceipts and disbursements, to the City Manager and the Council, at the first regular meeting of the Council in each month and sh4l make such additional statement concerning the accounts of the City as the City Manager or the Council may from time to time requite. The funds received by any official of the City shall be deposited in.,tbs City Depository as herein provided. $action 20, Purchases and Supplies. The Director of Finance shall mate all parehases, for the City in the manner provided by ed14aoe and shall, under such regulations as may be provided by ordinance or resolution, sell all personal property of the City not needed for public use, or that may have been condemned by the Director of a departments He shall have charge of such storerooms and warehouses of the City, and keep such inventories of properties, all as the Council may by ordinance pro"de. Supplies required by any department may be furnished upon requisition from the stores under the control of the Director of Finance. The Director of Finance shall not furnish any supplies to any department unless there be to the credit of such,department an available appropriation balance in excess of all unpaid obligations sufficient to pay for such supplies unless the City Manager should otherwise order. The REV I'SED 3/15/55 RESPONSIBILITIES OF THE DIRECTOR OF FINANCE UNDER THIS SECTION MAY BE EXERCISED BY A PURCHASING AGENT NOMINATED BY THE DIRECTOR OF FINANCE, AND APPOINTED BY THE CITY MANAGER. SECTION 21. TAX ASSESSOR AND COLLECTOR. THERE SHALL BE IN THE DEPARTMENT OF FINANCE A DIVISION OF ASSESSMENTS, LICENSES AND TAXES, THE OFFICER IN CHARGE OF THIS DOVISION TO BE KNOWN AS THE TAX ASSESSOR AND COLLECTOR. THE TAX ASSESSOR AND COLLECTOR SHALL BE RESPONSIBLE FOR THE ASSESSMENT AND COLLECTION OF ALL TAXES AND ALL SPECIAL ASSESSMENTS LEVIED BY THE CITY OF CORPUS CHRISTI; SHALL BE RESPONSIBLE FOR THE ISSUANCE OF ALL LICENSES AND THE COLLECTION OF ALL FEES THEREFOR; AND SHALL BE RESPONSIBLE FOR ALL ACTS OF THE DEPUTIES IN HIS OFFICE OR DIVISION. THE TAX ASSESSOR AND COLLECTOR SHALL PAY OVER TO THE CITY TREASURER ALL MONEYS BELONGING TO THE CITY COMING INTO HIS HANDS FROM ANY SOURCE WITHIN FORTY -EIGHT HOURS AFTER SUCH COLLECTIONS, TAKING DUPLICATE RECEIPTS THERE - FOR, ONE OF WHICH HE SHALL RETAIN AND THE OTHER SHALL BE FORTHWITH FILED BY HIM WITH THE DIRECTOR OF FINANCE. BF HE SHALL FAIL TO SO DEPOSIT ANY FUNDS WITH THE CITY TREASURER BY THE ENO OF THE SECOND BANKING DAY AFTER COLLECTION HE AND THE SURETIES ON HIS BOND SHALL BE REQUIRED TO PAY INTEREST AT THE RATE OF TEN/Pii AN UNTIL SUCH DEPOSIT IS MADE. THE TAX ASSESSOR AND COLLECTOR SHALL PERFORM SUCH DUTIES AS ARE ELSE- WHERE IN THIS CHARTER PRESCRIBED, AS WELL AS SUCH DUTIES AS MAY BE PRE- SCRIBED BY THE DIRECTOR OF FINANCE OR THE CITY MANAGER. BEFORE ASSUMING OFFICE THE TAX ASSESSOR AND COLLECTOR 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 THE OFFICE, PREMIUM ON WHICH BOND SHALL BE PAOD BY THE C11'Y. THE COUNCIL MAY REQUIRE A NEW OR ADDITIONAL BOND AT ANY TOME THE EXOSTONG BOND SHALL BE DEEMED IN- SUFFICIENT. SECTION 22. CLAIMS. NO CLAIM AGAINST THE COTY SHALL BE PAID UNLESS IT IS EVIDENCED BY A VOUCHER APPROVED BY THE HEAD OF THE DEPARTMENT OR OFFICE FOR WHICH THE INDEBTEDNESS WAS INCURRED; AND EACH SUCH 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 DIRECTOR OF FINANCE SHALL EXAMINE ALL PAYROLLS, BILLS AND OTHER CLAIMS AND DEMANDS AGAINST THE CITY AND SHALL OSSUE NO WARRANT FOR PAYMENT UN- LESS HE FINDS THAT THE CLAIM IS IN PROPER FORMS CORRECTLY COMPUTED AND DULY APPROVED; THAT IT BS JUSTLY AND LEGALLY DUE. AND PAYABLE; THAT AN APPROPRIATION HAS BEEN MADE THEREFOR WAOCH HAS NOT BEEN EXHAUSTED OR THAT THE PAYMENT HAS BEEN OTHERWISE LEGALLY AUTHORIZED; AND THAT THERE IS MONEY ON THE CITY TREASURY TO MAKE PAYMENT. HE MAY INVESTIGATE ANY CLAIM AND FOR THAI' PURPCS'E MAY SUMMON BEFORE -33- REVISED 3/15/55 HIM ANY OFFICER, AGENT OR PERSON AND EXAMINE HIM UPON OATH OR AFFIRMATION RELATIVE THERETO WHICH OATH OR AFFIRMATION HE MAY AD- MINISTER. IF THE DIRECTOR OF FINANCE ISSUES A WARRANT ON THE TREASURY AUTHORIZING PAYMENT OF ANY ITEM FOR WHICH NO APPROPRIATION HAS BEEN MADE, OR FOR THE PAYMENT OF WHICH THERE IS NOT A SUFFICIENT BALANCE IN THE PROPER APPROPRIATION, OR WHICH IS OTHERWISE CONTRARY TO LAW OR ORDINANCE, HE AND HIS SURETIES SHALL BE INDIVIDUALLY LIABLE TO THE CITY FOR THE AMOUNT THEREOF. ANSWER 11 YES NO °34° REVISED-3/15/55 PROPOSITION NUMBER 15 SHALL THE CHARTER OF THE CITY OF CORPUS CHRISTI BE AMENDED BY REPEALING ALL OF SECTION 73, SECTION 74 AND SECTION 76 OF ARTICLE V AND ADOPTING AND SUBSTITUTING THEREFOR A NEW SECTION NUMBERED SECTION 73 OF ARTICLE V, SUCH NEW SECTION OF SAID ARTICLE TO READ AS FOLLOWS: SECTION 73. LEGAL DEPARTMENT. THERE SHALL BE A LEGAL DEPART - MENT, THE HEAD OF WHICH DEPARTMENT SHALL BE THE CITY ATTORNEY. THE CITY ATTORNEY SHALL BE A COMPETENT ATTORNEY WHO SHALL HAVE PRAC- TICED LAW IN THE STATE OF TEXAS FOR AT LEAST FIVE YEARS IMMEDIATELY PRECEDING HIS APPOINTMENT. THE CITY ATTORNEY SHALL BE THE LEGAL ADVISOR OF, AND ATTORNEY FOR, THE CITY, THE COUNCIL, THE OFFICERS, THE DEPARTMENTS, THE DIVISIONS, THE BOARDS AND COMMISSIONS OF THE CITY; AND HE SHALL REPRESENT THE CITY IN ALL LITIGATION, CONTRO- VERSIES, LEGAL PROCEEDINGS AND LEGAL MATTERS. HE SHALL PARTICI- PATE IN THE DRAFTING AND SHALL EITHER APPROVE OR FILE WITH THE COUNCIL HIS WRITTEN OBJECTIONS TO EVERY ORDINANCE BEFORE IT IS ACTED UPON BY THE COUNCILS AND HE SHALL EXAMINE ALL CONTRACTS AND DOCUMENTS IN WHICH THE CITY MAY HAVE AN INTEREST AND SHALL EITHER APPROVE OR FILE WITH THE CITY MANAGER HIS WRITTEN OBJECTIONS THERE- TO BEFORE SUCH CONTRACT OR DOCUMENT IS EXECUTED BY THE CITY. EVERY ORDINANCE BEFORE IT IS ACTED UPON BY THE COUNCIL AND EVERY CONTRACT AND EVERY DOCUMENT BEFORE IT 15 EXECUTED BY THE CITY SHALL BEAR (1) THE LEGEND OVER THE WRITTEN SIGNATURE OF THE CITY ATTORNEY OF EITHER @APPROVEV' OR "WRITTEN OBJECTIONS FILED ", AS THE CASE MAY BE, AND (10) THE DATE ON WHICH SUCH LEGEND IS 50 AFFIXED BY THE CITY ATTORNEY TO SUCH ORDINANCE, CONTRACT OR DOCU- MENTS. ALL WRITTEN OBJECTIONS OF THE CITY ATTORNEY TO ANY ORDI- NANCE SHALL BE PRESERVED BY THE CITE SECRETARY AND MAINTAINED BY HIM IN A SEPARATE FILE IN CHRONOLOGICAL DATE ORDER, AND ALL SUCH OBJECTIONS SHALL BE AVAILABLE TO THE PUBLIC FOR EXAMINATION IN THE OFFICE OF THE CITY SECRETARY. ALL WRITTEN OBJECTIONS OF THE CITY ATTORNEY TO ANY CONTRACT OR DOCUMENT SHALL BE PRESERVED BY THE CITY MANAGER AND MAINTAINED BY HIM IN A SEPARATE FILE IN CHRONO- LOGICAL DATE ORDER, AND ALL SUCH OBJECTIONS :'HALL BE AVAILABLE TO THE PUBLIC FOR EXAMINATION IN THE OFFICE OF THE CITY MANAGER. THERE SHALL BE SUCH ASSISTANT CITY ATTORNEYS A$ MAY BE PRO- VIDED FOR BY THE COUNCIL; AND ALL POWERS AND DUTIES IMPOSED ON THE CITY ATTORNEY MAY BE EXERCISED AND PERFORMED BY ANY ASSISTANT °35° REVISED SA.5155 CITY ATTORNEY UNDER HIS DIRECTION. SUCH ASSISTANT CITY ATTORNEYS SHALL BE LICENSED TO PRACTICE LAW IN-THE STATE OF TEXASy AND SHALL BE NOMINATED BY THE CITY ATTORNEY AND SHALL BE APPOINTED BY THE CITY MANAGER. ANSWER YES NO -36- PROPOSITION NUMER 16, Shall the Charter of the City of Corpus Christi be amended by repealing all of Section 2 of Article X thereof and adopting and substituting a new section numbered Section 2 of Article X, such new section of said Article to read as follows-. Section 2, City Secretary, The Council shall appoint the City Secretary, and his assistants, if any, who shall serve at the pleasure of the Council. The City Secretary shall keep the records of the Council, and shall have such other duties and responsibilities as may be assigned to him by this Charter and the Council. 11S _.R ❑ fG:. ❑ f J 5' cj?_ REVISED 3/15/55 , PROPOSMON NUNIBER 17. SHALL THE CHARTER OF THE CCTY OF CORPUS CfMRISTI BE AMENDED BY REPEALING ALL OF ARTICLE V °A AND BY REPEALING ALL OF SECTION V OF ARTICLE IX, AND ADOPTING AND SUBSTITUTING THEREFOR A NELi ARTICLE `—A, SUCH NEW ARTICLE TO READ AS FOLLOWS- V -A SECTION 1. CIVIL SERVICE BOARD. ur,FRF IS HEREBY ESTABLISHED A CIVIL SERVICE BOARD, WHICH SHALL CONSIST OF TT,REE PERSONS, CITIZENS OF CORPUS CHRISTI, EACH OF WHOM SHALL HAVE RESIDED IN THE CITY FOR THREE YEARS OR MORE IMMEDIATELY PRECEDING HIS APPOIMTMCNT. NO MEMBER OF THE BOARD SHALL DURING HIS TENURE BE A CANDCDATE FOR OR HOLD ANY PUBLIC OFFICE OR POSITION, EXCEPT NOTARY PUBLIC. THc MAYOR ., WeTr7 THE ADVICE AND CONSENT OF A MAJORITY OF THE COMMISSIONERS, SHALL APP,CINT THE MEMBERS OF SUCH BOARD. OF THE FIRST THREE MEMBERS SO APPCINT70, ONE 5XALL BE APPOINTED FOR A TERM OF ONE YEAR, ONE SHALL BE APPQ NTFG FOR A TERM OF TWO YEARS, AND ONE SHALL Be APPOINTEE FOR A TERM OF THREE YEARS; T`NZREAF7ER, THE TERM OF OFFICE OF EACH MEMBER OF SUCH BOARD Sd-iALL 81- FAR THREE YEARS, OR UNTIL A SUCCESSOR IS APPOINTED. SECTION 2. OFFICERS AND COMPENSATICN. NMEDIATELY AFTER - APPOINTMENT THE BOARD SIi ALL ORC;ANIZF BY E:.ECTIING ONE `<F THE MEMBERS CHAIRMAN AND SHALL APPOINT A CHIEF EXAM:,VER, NOT A. MEMBER THE BOARD, WHO SHALL ALSO ACT AS SECRETARY, TO srRvE FCR 710'7 YEARS ~UNLESS SOONER REMOVED BY THE BOARD. THE MEMBERS OF 7;-77 BsDARf.1 &HALL EACH RECEIVE FIVE DOLLARS FOR EACH MEETING OF THE BOARrn ATTENDED, NOT TO EXCEED ONE HUNDRED DOLLARS IN ANY FISCAL YEAR. THE. BOARD MAY APPOIN? SUCH CTHE.R SUBORDINATES AS MAY, BY APPROPRIATION OF THE GOVERNING 6q)LY, 5E 771RCVIDED FOR. SECTION 3. CLASSDFC'eEb TAr'RE. IS HEREB',' SaTABLi SITED A CLASSIFIED SERVICE IN WiINCF.. ALL APPOINTMENTS AND PROM,07" 0-,S SHALL BE MADE ON THE BASIS OF MERIT AND E'I TNi:S = >a T'..'E CLA'y`..IFIEL° CER'BICE SHALL IN- CLUDE ALL EMPLOYEES 01 THE CITY EXCEPT THE FC�w LO'mf1 �1�38 �',A; MEMBERS OF THE COUNCIL; THE CITY ATTORNEY; AzsISTANT CITY Ar,OR11E.y'3p DIRECTOR OF FINANCE; DIRECTOR OF PUBLEC: UTIL.I TIES D7RF_CTOR OF FUBL. r HEALTH;' DIRECTOR OF PUBLIC WORKS; DIRECTOR OF P'LANNiNG, C:T'Y SZC.RE_7:ARY CITY TRLASURER; TAX ASSESSOR AND COLLECTOR; CITY (.<)NTRDLLaE; p'il ; °';i'T•]N;• AGENT.9 C.F'.IE :F EXAMINER OF THE CIVIL SERVICE c30— REVoSED VY55 BOARD; THE CITY MANAGER..; ADmmLTRATiVE: A55I57ANT5 TO THE CITY MANAGER, JUDGE OF THE CORPORATION COURT; CLERK OF THE CORPORATION COURT; THE LIBRARIAN AND EMPLOYEES OF LA RiETAMA LIBRARY; TH'= Di UZCTOi 0V ANV DEPAR7MEN'C OF THE CITY CREATED BY THIS CHARTER OR BY ORDINANCE.; THE HEAD OR PRINCIPAL OFFICER OF ANY DIVISION OF ANY DEPARTMENT CRE'A7ED BY YXIS CHARVER OR BY ORDINANCE, THE PRINCIPAL STENOGRAPHIC SECRETARY CIF ANY CITY cFFICCR NAMED IN 7HIS PARAGRAPH; THE PRINCIPAL STENOGRAPHIC SECRETARY OF YEE D73ECT3R OF A'vY DEPARTMENT CREATED BY THIS CHARTER OR BY eDROtNABICE: 711E PRt .-.PAL STENOGRAF''tC SECRETARY OF THE. HEAD OR PRINCIPAL OFFICER C'F AN`f DIVISIOti u." ANV DEPARTMENT CREATED BY THIS CHARTER OR BY ORDINANCti; HEMSERS Or COARDS IN THE CITY'S SERVICES; EMPLOYEES OF BOARDS AND COMM13SIDN2 :N THE CIFYIS SERVICE, AND (B) OFFICERS AND EMPLOYEES OF CLA SES OR DEPAG,TM !S7S WITHIN TtdE CIVIL SERVICE STATUTES OF TEXAS: AND (C) ALL ?R�INARY U ;Va!(i LLP:U AND S,rMl— SKILLED LABOR. SECTION 4. RULES ANJ RE(wLATIONd. ,H:.: CIVIL SCR'VICp:. BOARD. SUBJECT TO THE APPROVAL OF THE CooNCIL, SHALL AD!lPT; AMEN) AND ENFO CE A CODE OF RULES AND REGULATIONS P2,,VIDI NR FemR APPOIN"iME.NT, t,EMPLOYMENT OR SUSPENSION IN ALL POSITIONS IN T -ME CLASSIFIED S,7PVICE BA5:D UP_5N E ;Ci -I YENSFiI P> CHARACTER, MERIT, EFFICIENC-Y AND INDUmTRV; WHICH SHALL G1AVz AND EFFECT OF LAW; AND ALSO RULES - REGULATING PROMOTIONS, D. -N, iON.S,, RE.DUi:76,511 OF FORCE OF EMPLOYEES IN THE CLASSIFIED SERVICE AND IN WHAT DR.GEP, Tr,_,, S:lALL BE DIS- MISSED AND REINSTATED. ALL PERSc;NS 'EIMPLQYF,D EY THE f.I'I "7 JI: 'THE CLASSIFIED SERVICE SHALL BE EMPLOYEil, PSRGMOTF3g DEiMS>T'S� TO A ,LOWER i,LAS2,1 IC.ATION, OR DISCHARGED PURSUANT TO THE FROVISIONS -,F T::t.' -; CIA TER A,ND -:<E P,ULEa AND REGULATIONS AGOPTE BY TP.7 C.IVi!_ SEaVICZ PV:.� ^,;;C,.. SECTION 5. PK05AT1CN PER CD. ANY IN: ?OVIdIIJAL 4Ifds? IS EMPLOYED IN THE CLASSIFIED SERVICE : ^.' ANY Ib; C17VIf�JA.L . . . . F S31— FIED SERVICE 31ALL Sl.RVE A PROBAT10t,,' PERKS -_ -F .,..._,! D[: tk'1 "u i`! AS MAY BE FIXED BY THE BOARD. A. ANY TIME JU!iP NO .�". ... __...71`>:'. F_r...�. SW Ci; P:4C ;5AT "IONER, IF A NEW EMPLOYEE, MAY BE D7.'CHi Ri:J -9 �T:G" 0— TH.--- PR?sBATIONE.03 DEPART - MEN7; AND SUCI'. PROB ATIiJNERg I;' 3i'E!SING A IKAV BE DEMOTED TO A LOWER CLASSIFICATION BY THE MCAD OF TX' PROP,ATI:^N'i °:3 .,C ?A'.7P',ENT. PN THE rVENT A PROBATIONER BC NOT S_. DI3C::ARCaED '.,.< DEN3TED DURti`J„ HIS PROBATION PERIOD, HIS EMPLOYMENT OR PROMCT:'5N IN THE CLA:,; v-JED .SEFi �11C:iC. ShIAL.L BE COMPLETE. SECTION 6. R`m JAL OF LM °'_G'f?"Ei. nNy EMlLry-lrE IN THE CLASSIFIED SERVICE MAY BE SUSPENDED BY TIAE CtT`Y tAAroae`uR , 76-0E I -F.A7 F T'rIF. DEPARTMENT UNDER WHICH HE IS EMPt0VE'.), AN' Ttii:2E' ':':ALA-7 SN.ALL CKASE. THE OFFICER MAKING 7HIS G,RLILF: CF C.. ?ENS9OCe Srt3.LL F['• ;?`,9 *'n '; ,� FILE WITFI THE CIVIL SERVICE BOARD A STATEMENT IN °dRl7I ?, 0; T:,E SUSI "h °13V4N AND HIS REASONS THEREFOR. WI Tr. TEN (10) i.lA7n AI'TSP. —11 SUCH SUSPENSION THE EMPLOYEE SO SUSPENDED MAti, IF HE DEFIRES, FILE AN APPEAL WITH THE CIVIL, SERVICE BOARS, 'AHO SHALL HOLD AN iMQUIRY WITHIN TEN DAYS THEREAFTER, AND SAID BOARD SHALL MAKE A DECISIOM WITHIN TEN DAYS AFTER THE HEARING WHETHER THE EMPLOYEE SMALL BE PERMANENTLY DISMISSED FROM THE SERV'CE OF THE CITY OR REINSTATED IN HIS EMPLOYMENT. THE DECISION OF THE BOARD SHALL BE FINAL. ON ALL HEARINGS BY THE BOARD, THE JUDGMENT CF THE OFFICER SUSPENDING THE EMPLOYEE SHALL BE PRESUMED TO BE CCRRSCY A4D THE BURDEN OF DIS- PROVING THE CHARGES MADE AGAINST HIM SHALL BE LPON YHE EMPLOYEE. SECTION 7. PAY ROLLS, CLASSIFIED SERVICE. THE SECRETARY OF THE CIVIL SERVICE BOARD SHALL CERTIFY TO 7HE DIRECTOR OF FINANCE THE NAME OF EACH PERSON EMPLOYED IN YHE CLASSIFIEE SERVICE AS WELL. AS THE NAMES OF ALL PERSONS DISMISSED, SUSPENDED OR DEMOTED. No SALARY OR COMPENSATION FOR SERVICE SHALL nE PAIL* TO ANY PERSON IN THE CLASSIFIED SERVICE JNLESS HIS NAME HA'S CEEN SO CERTIFIED BY THE SECRETARY OF THE CIVIL SERVICE BOARD ICI 7HE DIRECTOR ov FV'NANCEg NOR AFTER SUCH CERTIFICATE THAT SUCH 4°dvl "'L'7TE£ HASH BEEN 5U 5.PENDED OR DISMISSED. p SECTION 8. APPROPRIATION. THE CQe :NCP L SHALL ANNOALLY SET UP IN THE BUDGET AND 4PPRCePPiA7E FUNDS 3EGE S'S'i'RY 70 CA7�R`V OiJT THE PROD= VISIONS OF THIS ARTICLE AND HAY CONFER DN YHE CIVIL SERVICE BOARD ADDITIONAL RIGHTS AND DUTIES AS THE GCOU @dCIL DEEMS NECEESAR'S 70 EFFECTUATE THE PURPOSE OF A CLf. S;i:IFIEO SERii C.E SASEG• :9v':. CHR,C:'.f;.TER, COMPETENCY AND SENIORITY., SECTION 9. DISCPIMINATID+M PROHI15a%, -., W, PER''ON IN THE EA— PLOY OF THE CITY, OR SEEKING AOIII052ION THERETO, 5,X ALL SE AFFOINTED, DEMOTED OR REMOVED, OR IN AN; W',AY FAVCREn oR OI S CPI IPI HATED kUA I KST BECAUSE OF POLITICAL CDR RELIGIOUS OPINIoK5 OR AFFILIATIONS. SECTION 10. PARTICIPATaC3N IN PDLITdC;AL CAMPAIGN. WITH THE EXCEPTION OF THE MEMBERS OF THE COUNri L., HD P'EPEOh% IN TINE EMPLOV OF THE CITY SHALL TAKE FART IN ANY P;DLoTICAL UAMPAIGN, EXCEPPT TO CAST HIS VOTE AND PRIVATELY a'Y?FE -ka HIS ')Vhl '3PINION, AND EXCEPT HIS CAMPAIGNING FOR AM OFFICE FOR WA CH HE Is A CCAPuL)IDATE. SECTION i7. OFFICER'S ANC) EMPLO',EES, G.AADODACIES. EXCEPT AS PROVIDED IN THIS CHARTERg MO PER'SOe4 ELECTEIJ To AN'7 OFFICE OF THE CITY SHALL, DURING THE TERM FOR WHICH AE WA.; ELECTED, BE AP- POINTED TO ANY (OTHER OF "FIFE OR >D,aO "dI GN Ih TW.E SEFVJI l DF THE CITY. IF ANY OFFICER OR EMPLOYEE OF THE CITY` S0NALL FV'LE AS A d,Ar!DIDATE FOR NOMINATION OR ELECTION TO A,N'f FUBL0,, OFFICE, EXCEPT TO SOME OFFICE UNDER THBS CHARTEN, 4< SHALL V6914LDIk.TE °LY FORFEIT h10S OFFICE OR EMPLOYMENT. —4o- Section M %usuranca. The Council shall have the out bority nd is its discretion ma', to the extent p+ermittaed by the laws of tie state of Texas, provide for group life insurance, group dis- ability insurance, group accident insurance, group accidental daatl and dismemberment insurance, and group hospital, surgical and /or medical expense insurance, or ,an "Me 'it more of such coverages, by an insurance compa sr eompatai,�,,s aEeiiected by the Council, to insure for the benefit of pexsaon* 'r•hee than the policy holder either all of the regular full time 4mpi.oyees of the City, or all of any class or claseeaa of regular .full, time employees of the City, determined by conditions pertaan-Inq t.o thoeix employment, with the premiums for the policy mar pe9 visas ap be P%10 either Q) by the policy holder wholly from farads by the insured employees to be deducted +faro, the plray rt ° = >.azeri wham authorized in Writing by the .e pective empi�,y&�i �,c. To 6o, or liar by the policy holder partly from furods con-tTah s e'i by bb�z- insured employees to be deducted from The, employees ° wheao aaavh"ized in writing by the respective employees s.o ro,, do anti partly paid or contributed by the City out of rwtrent revoa e Begs sef the City; ptovidea?, however, any and all group insutincia .:nr °aeas.t effected pursuant to the pro - visions of this section ;hR11 anel be sabjez:t to all the provisions of laws of the State of Tgfl,AaY aayq sat hezeafter enacted concerning such group icsurarawe procured by an incor- porated eiby' lea, o-e�v�,.. . Charter. con - taiva*d n CO: crk to . remove any Officer ("t •�c�nitaty � ss �.,.t �;',, .. z,:iMser'tazoasf the City. _4sl I Ri:vi3ro 3/15/55 PROPOSITION NUMBER 1�- SHALL THE CHARTER OF Tr4E CITY OF Cr)RI,13; C',0 1571 Fr- ARENDFO BY ADOPTING A SECTION TO BE KNOWN AS "SECTiC.-.1 2C" OF Slle,-, ',lEW SECTION 20 OF SAIr ARTICLE TO READ AS FOLLOWS� SECTION 20. LEASES OF LA04D nP, IiT5RE-Y- .-47, rc;F, or.., GAS OR MINERALS. IN THE MAKING OF ANY DIL, GAS OR AN', LANDS OR MINERAL LEASE CONCERNIVG ANY 0q aELOP ANG TO THE CITY, THE FOLLO'dING THE CITY COUNCIL SHALL CAUSE t,,'OT➢rE OF 4IS �Nfl—'11( ' At,`Y` SUCH LANDS OR MINERAL INTEKESTS, :,C3CiRleI0S ThZ E', IUPLICA"ION OF SUCH NOTICE IN SOME NF.W5FAPCR IAJNNG A CENLR41- CIRCULATION THCRc.IH, QVIT I A, WL-K Z. ;)F" 7H'Ri-'3 (3) coNs- CUTIVE WEEKS. EESI NIrIOCI I`IS 'I IM, PIJELICATI'3N WHERE THE CITY COUNCIL WILL. Pt'(Xf' - A',"! Fll-,b 'FOR 01L. GAS OR MINERAL LLA3E..5 TftE.PZCW !, AN%' LEASE, OR LEASES, THE CITY C(jCNl�-AL, IT- ( I ) A FIXED PC, A LT, , r I Rl- m-, ;,L!" -in A F I PRODUCTION PA (MENT OR OVERP I D I hat R'- 'd 91-T f I fH V4A LEASE OR LEA5E3 TO SE MADE TO THE t IOk CR r'.: i - --a7 A"1401j 'T OF CASH S")NUS IN ADDITION IC, T,'E. r tl YED R,,'k,-7 f .4 45I I ON PAYMENT OR OVERRIDIMG ROY LT" 3) 0,, (2) THE AM01,'NT THE 10 FOR T N', SUCH LEASE OR LEASES AND A 31,JC-H LEASE OR LEASES TO THE BIDDER WHO 01`7EP9 IHF. -,P-rCdF'IF.D AND THE GREATEST RO',ALTI 1-i :RRIDVNG ROYALTY IN EXCESS QF T'�,C: IAING110-I S-D THE CITY COUNCI - CN Ti-S LATE 3f Cl-.3Lt SHALL RECEIVE AND COiLS,DEP Al,"i ANr .L. V. YltV LF AS I NC OF SAID LANDS OR IMTCRECTff THLPEIN TC PE LEASLD AND SHALL AWARD THE LEASE OF LF.k$ 5 7Z) TL";E: T.LSl -S,C -DEFT S,'BHITTINIi A BID FOR EACH LEASE ON TX'� CAtIS PRZ-CR�Er%,-,l I:; SAID PROVIDED, HOWEVER, THAT (A) NO SbC'-` [..EASE 11,111-L 7.`CV;C,! FGF A Ro,"Al-r-i OF LESS THAN ONE- EIGHTH (1/8) OF EXTEND FOR A FPPiAARi TERA 10 EXCESS OF TEN (10) YEARS FROM THE OATS OF 17% L (),JG THEREAFTER AS PRODUCTION 15 OBTAINED 3R DRIk.L.lArr, :K AS DEFINED IN ANY SUCE LZASF. , ARE , I- i-JI, EVEM11 SHALL ESE CITY COUNCIL E RZQUIFL;,, Tr,, LZ Sc3 TO THE HIGHEST BIDDER TH-l`REFCR IF 7.t: DETERHIME IN 173 DISCRETION THAT 'BUCH SlDn'f! in N,�,T =11�,�J!'9'V-1 AS'Lt. EITHER TO MAKE PAYMENT OF ANY BONUS REQUIRED TO BE PAID ACCORDING TO SUCH BID OR TO DISCHARGE THE OBLIGATIONS OF THE LESSEE UNDER ANY SUCH LEASE OR LEASES, AND (C) IF IN THE JJOGMENT OF Y`. - =E CITY COUNCIL NO BID SUBMITTED ON ANY DESIGNATED TRACT OR INTEREST THEREIN EQUALS THE FAIR MARKET VALUE AT THAT TIME OF A LEASE THEREON, THE CITY COUNCIL, IN ITS DISCRETION, MAY REJECT ALL 3IDS ON SUCH TRACT OR INTEREST AND AGAIN CALL FOR BIDS THEREON ON E17HER BASIS SET OUT ABOVE, WITH THE PROCEDURE THEREFOR PRESCRIBED ABOVE TO BE FOLLOWED IN NO EVENT SHALL ANY LEASE BE AWARDED TO ANY PERSON, FIR:A OR CORPORATION EXCEPT ON THE GIVING OF NOTICE AND COMPLIANCE WITH THE PROCEDURE HEREIN PROVIDED AND SHOULD ANY SUCH LEASE BE AWARDED WITHOUT COMPLIANCE WITH THE PROCEDURE HERF_IN SPECIFIED HAVING BEEN FOLLOWED THE SAME SHALL BE VOID AhTl OF NO FORCE AND EFFECT. -43® REVILED 3/15/55 PROPOSITION NUMER 19 SHALL THE CHARTER OF THE CITY OF CORPUS CHRISTI EE AMENDED BY ADOPTING AND ADDING TO SECTION 5 OF ARTICLE 11 THE FOLLOWIPG' IN ADDITION Toy AND NOT IN SUBSTITUTION FOR AietF OTHER ACQU151TIONS PROCEDURE PROVIDED BY LAW OR BY THIS CHARTER, THE CITY SHALL HAVE THE RIGHT AND POWER TO ACQUIRE ANY PUBLIC UTILITY, PUBLIC UTILITY SYO,7EM, OR ANY PORTION THEREOF UNDER THE POWER OF EMINENT DOMAIN OF THE CITY, AND SUCH ACQUO, TlL 'iq UNDER POWER OF EMINENT DOMAIN MAY BE EXERCISED AS FOLLOWS: 1. No PROPERTY SHALL BE TAKEN WITHOUT ADEQUATE COMPENSATION SEING MADE, UNLESS BY THE CONSENT OF THE OWNER AND, WFZN TAKEN SUCH COM- PENSATION SHALL BE FIRST MADE, OR ECURCD BY A DEPOSIT OF MCNEY- IF THE AMOUNT OF COMPENSATION SMALL NOT BE AGREED UPON, THE CITY COUNCIL SHALL CAUSE To BE PR';LPARED ON BEHALF o' THE CITY A STATEMENT IN WRITING CONTAINING A DESCRIPTION OF THE PARCEL On PARCELS OF PROPERTY SOUGHT TO BE TAKFKq THE NIA�MES OF THE OWFtlw,R OR OWNLRS THEREOF, IF KNOWNo THE STATFHENT SHALL BE FILED WITH THE JUDGE, OF A COUNTY COURT AT LAW, IF SUCH COURT EXISTS IN THE COUNTY WHERE THE CITY OF CORPUS CHRISTI 13 SITUATF0j OTHERWISE, WITH THE CooRTY JUDGE: OF SUCH COUNTY, UPON FILING THE STATEMENT THi JUDG-Z SHALL FORTHWITH, IN TERM, TIME OR VACATION, APPOINT A OF THREE (3) DISINTERESTED PERSOMS, AT LEAST (2) SE: LICENSED ENGINEERS IN THE SCIENCE OF CIVIL AND ALL THREE OF WHICH COMMISS13WERS SHALL BE FPSE OF SAID COUNT.' AND QUALIFIED VOTERS, AND SAID =HALL THE DAMAGES TO ACCRUE TO OAID CFrNEKS, OR �'THER INTkRE-17ari PAPTIEs, BY REASON OF CONDEMNATION or SAID FRIDPERTY. 20 IN EVENT OF THE DEATH, DISA80LITYS REFUSAL 70 ACT, 1,UCAPAC5TY FOR ANY REASON, OR ABSENCE FOR MORE. THAN THIRTY DAYT, FROM SAID COUNTY OF ANY COMMISSIONER APPOINTED, AT ANY TIME, THE JUDGE SHALL FORTHWITH APPOINT A NEW COMMISSIONER OR CCLA6-"31G('IERF' HA". IN8 HA". ;, THE QUALIFICATIONS HEREIN PRESCRIBED, WHO SHALL SUC:ZED TO AMD EXERCISE ALL THE POWERS AND DUTIES OF THE CCMMISSIC'WErl OP CC,'4"IS5IONLR% ORIGINALLY APPOINTED, AND VACANCIES SO CAUjEl) IN SAID C0,4r41ss1oN SHALL BE 30 FILLED BY THE JUDGE WHENEVER TH�Fy CCC`JRo BUT ALL ?Ro- CEEDINGS OF SAID COMMISSIONERS PRIOR TO SAIL) VACANCY SHALL OE VALID AND IT SHALL NOT BE NECESSARY FOR THE COMMISSIONERS THEN QUALIFIED AND ACTING TO AGAIN DO ANY ACT OR TAKE AMV ALREADY DONE OR PERFORMED, BUT SAID COMMISSIONERS SHALL P-,3 FZL, AFTER THE FILLII'G OF SAID VACANCY AND TAKE ALL STEPS P.ND DC'` ALL THIPGS .tPOVIDED TO BE DONE HEREUNDER AS 17 NO SUCH VACANCY HAD OCCUFFED- REv14ED3 /15/55. 3. THE CITY SECRETARY, OR RECORDING OFFICER OF 7HE CITY, OR THE SAID COMMISSION ITSELF, SHALL GYVE WRITTEN NOTICE TO THE OWNERS OF PROPERTY PROPOSED TO BE TAKEN OR DAMAGED AND TO ALL PER50NS HAVING ANY INTEREST IN OR LIEN UPON SAID FROPERTV� OF A HEARING BEFORE SAID COMMISSION, 'WHICH NOTICE SHALL STATE THE TIME AND PLACE OF WEARING, AND MAY CONTAIN A BRIEF STATEMEN'G OF THE NATURE AND EXTENT OF THE PROPOSED IMFROVEMENT, AND A DESCRIPTION OF THE PROPERTY PROPOSED TO BE TAKEN; SUCH D,ESCRIPPIOH MAY BE BY LOT AND BLOCK NUMBER, FRONT FEET, THE NAME OF THE OWNER OR OWNERS, OR BY ANY OTHER DESCRIPTION WHICH WILL SU55TAN70i L.'LV IDENTIFY SAID PROPERTY„ NOTICE OF SAID HEARING SHALL BE GIVEN BY PUBLICATION IN A NEWSPAPER OF GENERAL CIRCULA'TIOP IN THE COUH77 ON WHICH THE PROPERTY IS SITUATED, NOT LESS THAN THREE SEPARATE DAYS, THE FIRST PUBLICATION TO DE NOT LESS TFL N %,\ DAYS 'a:0% TO THL DATE OF HEARING„ NOTICE BY- PU6LICATION SH,A?L. EF ;VA,Lib 3,NJO SINCING UPON THE REAL AND TRUE OF FFOPERTY AND ALL PERSONS HAVING AN INTEREST IN OR LIEN UPON THE SANE, IF IT 5HA,LL :NER4.;1 -LY NOTIFY THEM TO APPEAR AND BE HEL.RrJ, L41T6 ",OUF ?PECIFIaALLV lL- ,IGNATIsC, SAID PARTIES 8Y NAME, AND NO ERROR '.R MISTAKE IN THE NAME OF AMY PERSON TO WHOM SAID NOTICE. 15 DIRL-TE:D .",HALL IN.Vp L;DA.TE THE SAME. SAID NOTICE SHALL ALSO BE SERVED BY DELIVERING TO OAID GWNER3, LIENHOLDER3, OR INTERESTED PANTIES, Iu RESIDEIY'T5 OF THE COUNT? WHERE SAID PROPERTY I3 SITi:ATED, OR 'TO TH In' A,EI]T OR AYTDF'NEY, OR IF A MINOR TO THE GUARD; Au`d THEF ?ECY, A COPY OF .5u` I C NCT d C.E THE PERSON SERVING SAIL", NOT -ICI: 5IKA'L r_ IMAXE AND FILE. WITH ',, ":iE CLERK, SECRETARY OR RECORDING; OFFIC ° 6F TYd £. CIT "A A RETURN IN WRITING THEREON, STATING WHEN AND HOW HE °, _F!',i L:I 3AID NGTVUF. THE CITY COUNCIL MAY PROVIDE FOR OTHER AND DJT VP I I CE BY PUBLICATION SHALL IN ALL rASES yE VALID ANU WHETHER OTHER. NOTICE 13 GIVEN OR NOT.. briE CITY CfpJNo„IL MAV PRO °NUDE FOR AND CAUSE TO BE GIVEW IN ACCORDANOE. W'I'FH DdE PROCESS OF LAW, ANY OTHER AND ADDITIONAL NOTICE OF ANV OTHER HEARING WHICH MAY BECOME OR BE DEEMED NECESSARY UP'O'M VHF. VACA710N OF THE OFFICE OF A COMMIS310NER AND APPOINT045, CF A NEId OWE,, OR FOR ANY OTHEP REASON, AND TO - ROVIDE YOFe. SUCH N. ".ARIMGS AND THE NATURE AND EFFECT THEREOF, AND TO CAUIE A3 M9N "f oND DIFFERENT HEARIIIaS TO BE HELD IN THE CGQR7E OF LONDEMNATIC,hI PPOOF-EDINGS A3 MAY BE" DEEMED NECESSARY. SAID NOTICES, AND THE RETURN THEREON, SHALL SE FILED WITH THE CITY AVID PRr,SFRVED IN IT? REGOFO'S., 4. BEFORE PROCEEDING WITH SAID -tEAPIAIGS THE CITr" SHALL CERTIFY BY CERTIFICATE EXECUTED BV Z TS MjA`!'Or2 AND C9-Cl COU; "I IL THAT THE CITY HAS AVAILABLE IN ITS TREASURY SUFFICIENT FUNi[)S EXPENDABLE FOR THE PURPOSE OF ACQ4.!IRINQ TH,' i-ROPER.TY SOUGST T1 BE ACCIUIPE3,, AND NOT OTHERWISE AFP90P <1ATED, Itw AN .MH,JUNT LO',AL. TO THE LOWEST AMOUNT NAMED BY THE OWNERS OF THE OF PATV 54'BTfEV lj:r,GHT TO BE ACQUIRED, OR THE POPTIrN 7HEFLGO` SObJ!61 -T TO EE AND IN THE EVENT NO 'VALUE WAS FLACED BY "AID GSIh EZ;" r,r. SAIL UTILITY 45- REVI ~' =D 3/15/55 SYSTEM ON SAID PROPERTY, THEN THE CERTIFICATE SHALL SFDW THE AVAILABILITY OF AN AMOUNT EQUAL. TO THE 'VALUATION FLACED ON SAID PROPERTY BY A VALUATION ENGINEER OR FIRMIo 1T4 ALL CASES THE VALUE TO BE USED SHALL BE THE AMOUNT WHICH WII -L PRRS`,IDE ADEQUATE COMPENSATION FDR THE PROPERTY TO BE TAKEN, DAMAGED OR DESTROYED, OR APPLIED TO PUBLIC USE BY THE AaUQJ151110N CN THE PART OF THE CITY OF THE PROPERTY DESCRIBED IN THE STATEMENT FILED WITH THE JUDGE. 5. HEARINGS SHALL BE ADJOURNED AND SHALL BE KEPT OPEN UNTIL ALL PARTIES INTERESTED AND APPEARING SHALL BE FULLY HEARD. ALL OWNERS, INTERESTED PARTIES, OR LIENHOL,DER.3 SHALL HAVE THE RIGHT TO APPEAR AT SAID HEARINGS IN PERSON CP BY AGENT OR AT70RNE °,'„ AND BE HEARD AS TO THE VALUE OF PROPERTY PRO-'')'E'D TO BE TAKEN OR AS TO THE DAMAGES TO PROPERTY NOT TAKEN., RESULTINq FROG THE IM- PROVEMENT, OR AS TO THE LEGALITY OR REGULARITY OF THE PROCEEDINGS OR ANY RIGHT OF SAID OWNERS AND OTHER PARTIES. ALL OBJECTIONS OR CONTESTS SHALL BE IN WRITING AND FILED WiiTH SAID COMMI53iON. WHEN ALL PARTIES HAVE BEEN HEARD THE COM',WIS310N SHALL CLOSE THE HEARING AND FIND THE DAMAGES DUE OWNERS, L +ENHOL'CER3g OR OTHERS INTERESTED, FOR PROPERTY TAKEN OR DAMAGED, AND SHALL. IN THEIR FINDINGS APPORTION BETWEEN THEM THE AMOUNTS PAYABLE TO EACH, AND :,HALL DATE AND SIGN A REPORT IN WRITING, IN DUPLIC!'TE- ONE OF REPORTS SHALL BE FILED WITH THE CITY SECRETARY OR RECORDINO OFFICER Or THE CITY, AND ONE WITH THE CLERK OF THE COURT 37 WHOSE JL)O GE THE COMMISSION WAS APPOINTED, 6. ALL PROCEEDINGS OF THE CIT'. COUNCIL WITH RECL.RENCE TO SUCH CONDEMNATION, AS WELL AS ALL NOTICES ISSUED IN Ci'NNEC7ION THERE- WITH, RETURNS THEREOF, ORDERS, R'F,PORT31, AND OTHER FROQZEDINGS OF THE COMMISSION, AND CERTIFIED CI ?H I,ES OF ALL "' RCE ;3 OR PRO - CEEDINGS OF ANY JUDGE OR COURT W17P. REFERENCE THERETO, :WAY BE RECORDED IN THE MINUTES Off' SAID CIT'd COUNCIL, GND SAID R.ECORD,, OR CERTIFIED COPIES THEREOF AND TC-!E bM1IGIN4L 3H!ArLL EE PRIMA FACIE EVIDENCE OF THE TRUTH OF ALL 5'ASTS THEREON RECITEO. 7" ANY PARTY AFFECTED BY THE DECISION OF SAID C +DqM I'OSIO,q WHO SHALL BE DISSATISFIED THEREWITH, ffiHALL., WITHIN FEN DAYS AFTER THE FILING OF SAID REPORT WITH SAID JUDGE, FILL IN HIS COURT IN OPPOSITION THERETO, SETTING FORTH 1N WRI71NQ 7HZ PARTICULAR CAUSE OR CAUSES OF OBJECTION, ANP„ THEREUPON TFL ADVERSE °AFTY OR PARTIES SHALL BE CITED AND SAID CAUSE SHALL BE TRIED AND DEC'D'EO :63 OTHER CIVIL CAUSES IN SAID COURT., IF NO 43:'E I;TIONS ARE FILED WITH SAID JUDGE WITHIN SAID TIME? eiE SHALL :,AU,I.E 7H:: .',AID REPORT TO BE ENTERED IN THE MINUTES OF HIS Cr'GRT Ai *D MAKE ` FE SAME'. THE JUDGMENT THEREOF, AND MAY ISSUE THE NECESSARY PROCESS TO KNFORCL THE. SAME. S' ,b6 REVISED .3AY55 UPON THE EXPIRATION OF SAID TIME FOR FILING OBJECTIONS, THE FINDINGS OF SAID COMMISSION SHALL BECOME FINAL AND BINDING UPON THE PARTIES, THEIR HEIRS, SUCCESSORS AND ASSIGNS, AND SHALL NOT THEREAFTER BE QUESTIONED IN ANY PROCEEDING. 8. SAID COMMIS5IONERS SHALL EACH BE ENTITLED TO RECEIVE AS COM- PENSATION FOR EVERY DAY EMPLOYED BY THEM IN THE PERFORMANCE OF THEIR DUTIES A FEE EQUAL TO THE USUAL AND CUSTOMARY FEES PAID TO LICENSED MEMBERS OF THEIR PROFESSION FOR PROFESSIONAL SERVICES. THE COMMISSIONERS SHALT_ ATTACH TO THEIR FINDINGS A STATEMENT OF THE FEES CALCULATED BY THEM TO BE DUE FOR THEIR SERVICES. 9. IF THE CITY IN THE CONDEMNATION PROCEEDINGS SHOULD DESIRE TO ENTER UPON AND TAKE POSSESSION OF TEE PROPERTY SOUGHT TO BE CONDEMNED, FENDING LITIGATION, IT MAY DO SO AT ANY TIME AFTER THE AWARD OF THE COMMISSIC,NERS, UPON FOLLOWING THE CONDITIONS AND PROVISIONS SET FORTH.IN ARTICLE 3268 OF THE REVISED CIVIL STATUTES OF TEXAS, 1925, AS AMENDED. 10. UPON THE DATE DEPOSIT IS MADE OF THE AMOUNT OF SAID AWARD AND COSTS, THERE SHALL BE AN ADJUSTMENT AS MAY BE DETER- MINED BY A CERTIFIED PUBLIC ACCOUNTANTTS AUDIT OF THE CUSTOMER'S ACCOUNT, DEPOSITS OF CUSTOMERS, AND/OR OTHER FUNDS RELATED TO THE OPERATION OF THE UTILITY SYSTEM, OR SUCH PORTION THEREOF AS IS BEING ACQUIRED BY THE CITY AND ADJUSTED TO THE TIME OF ACTUAL TAKING OF POSSESSION BY THE CITY, INCLUDING SUCH NEW CUSTOMER CONNECTIONS AS MAY HAVE BEEN MADE SINCE THE TIME OF THE HEARING CONDUCTED BY THE COMMISSIONERS, LESS ANY WITHDRAWALS OF PROPERTY FOR PAYMENTS OF ACCOUNTS OR DEPOSITS AS MAY HAVE TAKEN PLACE WITHIN THE SAME PERIOD. ANSWER YES NO REVISED 3/15/55 PROPOSITION NUMBER 20 SHALL THE CHARTER OF THE CITY OF CORPUS CHRISTI BE AMENDED BY ADDING THERETO A NEW ARTICLE TO BE DESIGNATED AS ARTICLE MV, SUCH NEW ARTICLE TO READ AS FOLLOWS: ARTICLE X9V SECTION 1. EFFECT OF CHARTER ON E mAv NG LAW. ALL ORDINANCES, RESOLUTIONS, RULES AND REGULATIONS NOW IN THE CITY GOVERNMENT AND NOT IN CONFLICT WITH THE PROVISIONS U AtOy AMENDMENT TO THUS CHARTER SHALL REMAIN IN FORCE UNDER SUCH AMEMDME"NT UNTIL ALTERED, AMENDED, OR REPEALED BY THE COUNCIL AFTER SUCH AMENDMENT TO TH2 S CS'ARTER TAKES EFFECT. ALL RIGHTS OF THE CITY UNDER EXISTING FPANCXUS__S AND CONTRACTS AND ALL EXISTING AUTHORITY FOR THE ISSUANCE OF BOMDS, N07 BN CONFLICT WITH THE PRO- VISIONS OF ANY AMENDMENT TO THIS CHARTER, 5HALL BE PRESERVED IN FULL FORCE AND EFFECT. SECTION 2. CONSTRUCTION OF CHARTER. ?HI'S CHARTER SHALL NOT BE CONSTRUED AS A MERE GRANT OF ENUMERATED FOW`c RS, BUT SHALL BE CONSTRUED AS A GENERAL GRANT OF POWER AND AS A LIMPTATICN OF POWER ON THE GOVERN- MENT OF THE CITY OF CORPUS CHRISTI IN THE SAME MANNER AS HE CONSTITUTION OF TEXAS IS CONSTRUED AS A LIMITATION ON TEE POWERS OF THE LEGISLATURE. EXCEPT WHERE EXPRESSLY PROHIBITED BY TIMU.° CHARTER,, EACH AND EVERT` POWER UNDER ARTICLE XI, SECTION 5 OF TEE CONSTITUTION OF TEXAS, WH1 CX It WOULD BE COMPETENT FOR THE PEOPLE OF THE CITY OF CORP63 CPHR~s—,O TO EXPRESSLY GRANT TO THE CITY, SHALL BE CONSTRUED TO BE G,R,ANTFD TO THE CITY BY THIS CHARTER. SECTION 3. JUDICIAL- NOTICE. THIS CHARTER SHALL BE DEEMED A PUBLIC ACT, MAY BE READ IN EVIDENCE WITHOUT PLFADING OR 'PROOF, AND JUDICIAL NOTICE SHALL BE TAKEN THEREOF IN ALL COURTS AND P:.A +'ES. SECTION 4. SEPARABILITY CLAUSE. VF ANY SZ�CTIOSN OR FART OF A SECTION OF THIS CHARTER IS HELD TO BE INVALP: OR JNVONSTITUTIONAL BY A COURT OF COMPETENT JURISDICTION, TEE SAMEC SHALL .MC >T CNVALIDATE OR IMPAIR THE VAL'IDITY, FORCE, OR EFFECT OF ANY OTHER SZC70ON OR PART 01 A SECTION OF THIS CHARTER, SECTION 5. REARRANGEMENT AND REN6SgE8c °,R'ING. JHL' COUNCIL SHALL HAVE THE POWER, BY ORDINANCE, TO RENUMBER AND REGARRAiNC- ALL ARTICLES, SECTIONS AND PARAGRAPHS OF THIS CHARTER O6R AN",' AMENDMEN"y THERETO, AS IT SHALL DEEM APPROPRIATED AND .:UPON THE PASSAGE OF AN'u SUCH zl- ,RDUNANCE A COPY THEREOF, CERTIFIED BY THE CITY SECRETARY, :HALL BE FORWARDED TO THE SEC:R ETARY OF STATE FOR FILING. y ; ANSWER li k;; YES _48- NO SECTION 3.. SAIL ELECT iON SHALL BE HELD IN THE CIi OF" CO PU,, CHRISTI, TEXAS AT THE FOLLOWING PLACES AND THE POLLO'Wi Nia NkIAED P,- .RSONS ARE HEREBY APPOINTED JJDGE5 AND OF'r'CiAL5 A "f SAID eLE ;'tYCr4� TRECINCT NQ, LOCATION. 1 David Hirsch School Jo M. Haigler, Judge Miss Gertrude Dreyer, Assistant Judge Nora Coon, Clerk Agnes Koniakoesky, Clerk 2 Solomon M. Coles School To J, Dineen, Judge Mrs, Olive Dineen, Assistant Judge Mrs, Geo. Snyder, Clerk Mrs, I. C. Kerridge, Clerk 3 Hillcrest Charch of Christ Mrs, J, H. Vetters, Judge Mrs, Jo R. Blontzer, Assistant Judge Mrs. Geo. Jo Stein, Clerk Mrsd R, No Porter, Clerk 4 Oak Park School Mrs, Ho Aa Tycerg Judge Mrs, W. Ha Davis, Assistant Judge Mrs, Sie Ponton, Clerk Mrs, A, H. Ahrens, Clerk 5 Hobert Driscoll School Mrs, Chas, Y. Meyers, Judge Mrs. Ce H. Sheffield, Assistant Judge Mrse Erich Rathke, Clerk Mr, Julian Priourg Clerk Mrso R, V. Johnston, Clerk 6 Leopard Street Flee Station J. B. Mascorro, Judge William Childress, Assistant Judge Zenaida B. Ochoa, Clerk Rstela Ho Flores, Clerk Church of Good Shepherd Mro Jo R. Weatherford, Judge Annex Mrsa F. Lo Alexandsr, Assistant Judge Mrso Rlma Tankersly, Clerk Mrs. A, A. Prince, Clerk ,B Edward Furman School Mrs. To Go Carson, Judge Miss Rosa E. Barnes, Assistant Judge Mrs, Jewel Do Weissinger, Clerk Mrso E. Jo Denton, Clerk 9 George WD Wiggins Home Mrs, Albert Regmand, Judge Mrs. So Pe James, Assistant Judge Mrs. Jack Mayfield, Clerk Mrso Geoo So Warren, Clerk 10 DeZa®ala School George Slizonda, Judge Mrs, Minnie 09Cpanell, Assistant Judge Mrs, Bryan Fulton, Clerk Mrso Lon Jo ,Holland, Clerk PRECINCT N0, I&E TI ID 11 Austin School Raul Alegria, Judge Ramon Canales, Assistant Judge Agnes Quintero, Clerk Rebecca Canales, Clerk 12 David Crockett School Mrs, S. B. Gonzales, Judge Sabas Gonzales, Assistant Judge Mrs. Corando Longoria, Clerk Mrs, Lydia Trujillo, Clerk 13 LeArmada Recreation Center Mrs, J. E. Shelton, Judge Mrs, D. M. Jarratt, Assistant Judge Mrs, B. V. Baize, Clerk Marshall Pearson, Jro,.Clerk 14 Wm, B. Travis School Louis Aderholt, Judge Mrs. Janie McPherson, Assistant Judge Mrs, Riley Rose, Clerk Mrs, Jo A. Stringer, Clerk 15 Del Mar College Auditorium Mrs, E, H, Andrew, Judge Mrs, P, A, Tom, Assistant Judge Mrso R. Ea Thurman, Clerk Mrs, B, To Cunningham, Clerk 16 Elizabeth Street School Mrs, Do Wl Schoenfeld, Judge Mrs, Virginia Vetters, Assistant Judge Mrs. E. R. Whitmire, Clerk Mrs. Nave Lokey, Clerk 17 Me Manger School Mrs. F° Ho Underwood, Judge Mrso Eo G. Weldon,' Assistant Judge Mrso Gordon Meyer, Clerk Miss De Lis Smith, Clerk 18 Sto Marks Parish Hall Mrsa J. M. Morris, Judge Mark J, ,Gregory, Assistant Judge Mrsa Irmo W, Green, Clerk Mrs. Herbert Sager, Clerk 19 Lindale Recreation Center Mrs. Edwin Lo Olsen, Judge Mrs, Aa E. Englehardt, Assis- tant Judge Mrs, B, Go Spence, Clerk. Mrso R. Jo Olds, Clerk 20 Sam Houston School Ned W. Beaudreau, Judge Mrs, S. M. McCoy, Assistant Judge Mrso Nan Lo Hayden, Clerk Mrso Ross Harris, Clerk 21 S. So Cyril G Methodius Emil Spicak, Judge School Mrs, Emil Spicak, Assistant Judge Mrs. Edwin Rosarek, Clerk Mrs, Leroy Irnawek, Clerk PRECINCT Non LOCATION 22 Carroll Lane School Drew Harrison, Judge Mrs, John Hartsell, Assistant Judge Barbara Van Dresar, Clerk Dick Morgan, Clerk Katherine Nickerson, Clerk 23 Parkway Presbyterian Mrs. Willard Brown, Judge Church Mrs, A. C. Kuehm, Assistant Judg-e Mrs, Walter Applewhite, Clerk Mrs, Florence Tom, Clerk 24 Hayden W. Head's Garage Mrs, Florence Frech, Judge on Claremore Street — Mrs. Bay Airheart, Assistant rear of residence Judge 5601 Ocean Drive Mrs, William M. Crocker, Clerk Mrs, Jackson Lacy, Clerk 25 Alice Savage School Mrs. R. E. Hobbs, Judge Mrs, Dorothy M, Cline, Assis- tant Judge Carola Hammond, Clerk Mrs, Billie L. Hudson, Clerk 26 Cunningham Jr, High School Wayne Cook, Judge Hobert E. Buntrock, Assistant Judge Mrs. 0. M. Salinas, Clerk Frances T. Higgins, Clerk 27 Fraser Elementary School Mrs. Bess Clqirk_ Judge Ebert Do`Cox, Jr., Assistant Judge Marilyn Evans, Clerk Mrs, Marie Macy, Clerk THE PRE3!DING JUDGES SHALL BE AUTHORIZED TO 5ELECT 5UC':%' S.LEF &e 0 OTHER A5513TAN73 PRO'ViDED BY LAW, AS MAY BE DEEMED A:44 GAIL' ELECTION SHALL BE HELD IN ACCORDANCE Wi'TH THE PROVISiONfi 04" R,.4.AT1' ^'= TO ELECTIONS FOR THE SUBMI55!ON OF AMENDMENTS TO MUN3C7FA' ,'.AP'ERS AND THE GENERAL LAWS OF THE STATE OF TEXAS nHAL,L BE OBSERvi- ^'5� -AR A.'3 ARE APPLICABLE. THE POLLS SHALL BE OPEN FROM 7 'C'Ci..O !'.K F.M. ON SAJJ DATE OF THE ELECTION. SECTION 4. THAT NOTINS MACHINES `-HALL BE EMPL.O -ED Ai 'r H_ HEREIN ORDERED .N ACCORDANCE 'H THE PRD'V 151DNS OF ,REVISED C•V!_ S.'A.'!U'`:.R OF TEXAS ELECTION CODE, ARTICLE /.14, AND SAID ELECT'0, S-kLL `E n� -L - +• THE POLLING PLACES IN THE REGULARLY PRES- 'RIBE'v 'YO'" -+Nw F'R E-I`+i,--, O _. CIT+ OF CORPUS CHRIST:, ABSENTEE VOTING SHALL BE CONDUCTED BY THE CITY Szf'RElr A.? OFF ' ;CE .N 7 H C1 Ty HALL AND THE 4E5JL`1'S "'ANVASSED AN=, P'TARN_ a_- _3 PROVIDED BY LAW. A SP'F C I AL CAN`rASS BOARD IS HERESY APPC i %7E-, A FDLI oWS o VIVIAN R0531, PRESIDING JUO-E ACIE HEBERT, ASSISTANT JUDGE EDNA MEADOR,, CLERK PAJLrNE M-GRAW; CE..E.RK SECTION 5. THAT SAID ELECTION SHALL BE "'LID IN GENERAL ELECTION LAWS OF THE STATE OF TEXAS, SECTION G., A COPY OF THIS DRDINANCE; SIGNED BY THE' MAYOR J'r' rl.0 CITY OF CORPUS CHRIST!, TEXAS, 3HALL CONSYITUT= THENL--ICL ELECTION, AND THE MAYOR 9S DiRECTED TO CAUSE A COPY OF T. +.2 O "C.V'•�'AN S,r 5IGNED BY HEM, TO BE F0,5TED AT THE CITY HALL 1N Tu.F CI;, '�.O RP!19 CHiR15, -. NUECE:3 COUNTY, TEXAS, AND AT EACH OF THE POLL;N0 PLACED 'I,: OF THE CITY, SAID POSTING 'T'> BE a:OT LESS THAN FIFTz.EN q�5) =A'fS PRVC'P 10 SAID ELECTION, AND TO HAVE A COPY OF THI ORFIiNIO•ICE PUBL.I3NEIJ CORPUS CHRIST: TIMES, THE OFFICIAL NEWSPAPER OF THE II Or CDR>'•'� CA`''''S TEXAS, IT BEING A NEWSPAPER OF GENERAL CIRCULATION, F " °B''..iSHEG THE CITY OF CORPUS CHRIST': SAID PIJBL!CATION 70 BE MADE IN kC ;�L�';d L' ° -:: "e C'T w.TH THE REQUIREMENTS OF LAW FOR 3UBMt3SION OF CHARTER AMEND'MEN'TS.. SECTION ]. THE CITY SECRETAPY SHALL MAIL, OR 'AU.S -" ,i 5_ A COPY OF THE PROPOSED AMENDMENTS TO EVERY QUALIFIED V'OTC,'R IN TI'.E CITY O'.' CORPUS CHRISTI' AS APPEARS FROM THE TAX COLLECTOR'3 ROL'L3 FOR TIE YEAR JANUARY ANUAR pY 31ST NEXT PRECEDING SAID ELECTION HEREIN C'RDE.RED� U SECTION THE. FACT THAT THE LAWS OF THE STATE OF TEXAS REQUIRE THE SUBMISSION OF SUCH AMENDMENTS TO BE HELD WITHIN A L'W] 7E:!D PERIOD OF TIME FROM THE DATE OF "HE ADOPTION OF THE ORDINANCE CALLINl3 SA'iD ELECTION, AND THE FACT THAT THERE ARE CERTAIN REQUIREMENT'S SET UP BY THE LAWS OF THE STATE OF TEXAS IN REGARD TO PUBLICATION AND NOTICE TO QUALIFIED VOTERS, AND THE FURTHER FACT THAT THE LAW REQUIRE! A COPY OF ALL SUCH AMENDMENTS TO BE MAILED TO EVERY QUALIFIED VOTERS Or THE CITY, CREATES A PUBLIC EMER9ENC'! AND AN IMPERATi VIE PUBLIC NECE3S; TT REQUIRING THE 5U5PEN3iON OF THE CHARTER PULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DA7w 17 iS INTRODUCED, AND THAT SUCH ORCINANCE OR RESOLUTION SHALL 2E BREAD AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR HAV1NS DECLARE -� IN WRITING THAT SUCH PUBLIC EMERCENCY AND IMPERATIVE N7CCSS17V EXIS7, AND HAVING REQUESTED THAT SUCH CHARIER RULE BE SUS-,END -J, AIv^ ? ^AT 71413 ORDINANCE BE PASSED FINALLY ON THZ DATE OF ITS NTRODLIC.TVC'N A: "D TA'YE EFFECT AND BE IN FUL FORCE. AND EFFECT FROM AND AFTER u75 PASSAI:,E, 4n IS ACCORDINGLY SO ORDAINED. PASSED AND APPROVED, THIS THE DAs or MAR.:: MAYOR THE CITY OF CORPUS C-iR'I ST [ E -XA4l ATTE . CIV'Y SECRETARY -� - APPROVED AS TO LE, 01— EORMe �2 CITY ATTORIE,Y CORPUS CHRIST;, TEXAS i 1955 TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS GENTLEMEN: FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUB - PENSION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SMALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED, AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; I, THEREFORE, HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, MAYOR THE CITY OF CORPUS CHRISTI, EXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTES P. C. CALLAWAY ELLROY KING JAMES S. NAISMITH r W. JAMES BRACE a ' F. P. PETERSON, JR. / L THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE' P. C. CALLAWAY ELLROY KING JAMES S. NAISM6TH W. JAMES BRACE F. P, PETERSON, JR. q . 1��