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Home My WebLink About04229 ORD - 05/25/19551MS:Ac:5,25/55 AN ORDINANCE CAN' /ASSING THE - RETURNS AND DECLARING THE RESULTS OF AN ELECTION I-IELD IN THE CITY OF CORPUS CHRISTI ON THE 21ST DAY OF MAY, 1955, UPON THE QUESTION OF ADOPTING AMENDMENTS TO THE CITY CHARTER OF THE CITY OF CORPUS CHRISTI; AND DECLARING AN EMERGENCY. WHEREAS, HERETOFORE ON THE 23RD DAY OF MARCH, 1955, THE CITY COUNCIL OF THE CITY DF CORPUS CHRISTI PASSED AN ORDINANCE CALLING AN ELECTION ON THE QUESTION OF ADOPTING AMENDMENTS TO THE CITY CHARTER DF THE CITY OF CORPUS CHRISTI, SAID ELECTION TO BE HELD IN SAID CITY ON THE 21ST DAY OF MAY, 1955i THE PROPOSITIONS TO BE VOTED ON BEING SET OUT IN THE OFFICIAL BALLOT, A COPY OF SAID PROPOSITIONS BEING AS FOLLOWS: REVISED{ 35 PROP061TI01! NUMBEA 1 SMALL THE CHARTER OF THE CITY OF CORPUS CHRISTI BE AMEMPED BY REPEALING ALL Of SECTION 1 AND SECTION 2 OF ARTICLE V AND BY REPEALING ALL OF SECTIOM.19 OF ARTICLE X11- ANDsy REPEALING ALL OF SECTION 6 OF ARTICLE VI AND BY REPEALING ALL OF SECTION 6 OF ARTICLE VII; AND ADOPTING AND SUBSTITUTING THEREFOR NEW SECTIONS NUMBERED SECTION/AND SECTION 2 OF ARTICLE V9 SECTION 6 OF ARTICLE Vi; AND SECTION 6 OF ARTICLE VII; RESPECTIVELY; SUCH MEW SECTIONS OF SAID ART. ICLES TO READ AS FOLLOWS: V. SECTION Te 'FORM GOVERNMENT AND COUNCIL *' THE MUNICIPAL GOVERNMENT PROVIDED BY TM17 CHARTER SMALL BE KNOWN AS'TNE �CDUNCIL- �IANAOER QOYERNMENT�. PURSUANT TO AD .PROVISIONS AND SUBJECT-ONLY TO TOE LIMITATIONS - IMPOSED BT THE STATE CONSTITUTION AHD "BY THIS CHARTER; ALL POWERS OF THE CITT _ SMALL Si VESTED IN AM ELECTIVE COUNCIL ; "NEREIMAFTER REFERRE6 TO As "TOE COUMCIIy s� WNICH "SHALL ENACT LOCAL LEGISLATION; DETERMINE POLICIES; APPOINT THE CITT lLANAGER; AHD" WNICM COUNCIL AND CITY MANAGER SHALL EXECUTE THE LAWS AND'ADMINISTER THE GOVERN.. MIT OF THE CITY* FINTIL THE FIRST TUESDAY IN APRIL; 9957; AM6 UNTIL -THE MEMDEROOF THE COUNCIL TO BEELLCTEDON THE HOST -TUESDAY IN'APRIL, 1957gHAVE,BEEN ELECTED ". AND QUALIFIED; TME'COUNCIL SMALL BE COMPOSED OF A MAYOR AND FOUR COMMISSIONERS; ASO THE PRESENTLY QUALIFIED AND ACTING MAYOR ANS-FOUR cOMIisSI0NER$ !MAlL COMA AFTER; THE COUNCIL OMAL6IMMIMii ON THE FIRST TDESDAT IM �APR16g,�957g.,AND�TMEREm PRISE "StlCM CDDHCILa AEG BE COMPOSED OF A MAYOR AND'SIX.00NM18S /OMER ELECTED FROM THE -CITY AT LARGE FOR THE TERM PROVIDED IN- SECTION 2 OF THIS AICLE, • SECTION 2.e ELECTION AND TERN* THE REGULAR ELECTION. FOR THE SELECTION OF THE MAYOR AND THE COMMISSIONERS SMALL BE MELD OH THE FBRST TUESDAY IN APRIL IN ODD MWIIBERED YEARS-c;T TOE MAYOR AND THE COMMISSIONERS SMALCEACN BE ELECTED BY THE QUALIFIED'. VOTERS OF THE CITY'AT LARGE ANO,9HALL MOLD THEIR RESPECTIYE-- OFFICES FOR TWO YEARS AND UNTIL THEIR SUCCESSORS HAVE BEEN ELECTED AND (MALI,. PIED; UNLESS SOONER REMOVED AS PROVIDED IN THIS CHARTER* A-MEMBER OF THE COUNCIL'CEASING TO RESIDE SIN TME'CITY DURING THE TERN FOR WNICM NE 1S ELECTED SHALL IMMEDIATELY FORFEIT HIS OFFICE* - VI* $£CTIDM 'VETO-POWER * EVERY ORDINANCE; RESOLUTION OR'MOTION PASSED BY THEY COUNCIL SHALL ;BEFORE IT' TAKES EFFECT; BE PRESENTED TO THE MAYOR FOR HIS APPROVAL AND SIGNATURE* IF HE APPROVES IT; HE SMALL SOON; BUT IF NE DIS® APPROVES -.1T NE SHALL STATE NIS OBJECTIONS THERETO IN WRITING AND RETURN IT TO REVISED 313/55 40 THE NEXT REGULAR MEETING OF THE COUNCIL AFTER PRESENTATION WITH HIS VETO. - -1F NE DOES NOT RETURN IT ,WITH -SUCH DISAPPROVAL NOR SIGN ITS SUCH MOTION% ORDI- NANCE OR'RESOLUTION SHALL, UPON ink EXPIRATION OF. THE TIME FOR ITS RETURN TO 7NE COUNCIL, ■E 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 7HE AFFIRMATIVE VOTE OF A MAJORITY OF THE COMMISSIONERS. 1F THE MAYORS 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 THti VETO SHALL EXTEND ONLY'TO THE ITEM DISAPPROVED. THOSE ITEMS WHICH HE AFPR4'VES SHALL BECOME EFFECTIVE, BUT THOSE DISAPPROVED SHALL NOT BECOME EFFECTIVE UNLESS PASSED OVER II "S VETO AS HEREIN SPECIFIED. VII. $dC i'1 ON S. MEETING OF THE COUNCIL. THE COUNCIL SHALL MEET INREGV- LAR SESSION Al LEAST ONCE EACH WEEK AT THE CITY TALL AT SUCH TIMES AS SHALL BE FIXED BT ORDINANCE .AND IT SHALL PRESCRIBE THE MANNER IN WHICH SPECIAL SESSIONS MAY Be CALLED AND NAY PROVIDE FOR RECESS OF ANY REGULAR OR SPECIAL SESSION. ALL SESSIONS SHALL BE OPEN TO THE PUBLIC, THE MAYOR OR MAYOR-PRO TEM AND ONE - HALF OF. THE COMMISSIONERS SHALL CONSTITUTE A QUORUM. THE COUNCIL SHALL KEEP A JOURNAL OF 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. ©RDINANCES4SHALL 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 TItEI PASSAGE OF ALL ORDINANCES OR RESOLUTIONS AND ENTERED UPON THE JOURNAL, EVERY ORDINANCE. OR RESOLUTION SHALL REQUIRE ON ITS FINAL PASSAGE, THE AFFIRMATIVE VOTE OF A MAJORITY OF ALL OF THE COUNCIL. NO ORDINANCE OR RESOLUTION SHALL SE 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 BEPI3S- LISHED IN ONE ISSUE OF THE OFFICIAL PAPER AFTER WHICH SAME SHALE. TAKE EFFECT AND BE IN FORCE, UNLESS A LATER DATE SHALL BE PROVIDED IN THE ORDINANCE. ANSWER -2- Q YES NO REnn3ED 3715/55 .. EROPOSZCION NUNES 2, Shall the Charter of the City of Corpus Christi be amended by repealing ell of Section 4 of Article Y and adopting and sub- stituting therefor a sew section numbered Section 4 of Article Ya such new section of said Article to read es follows Section 4. 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 fer the elective office of mayor or for the elective office of a commissioner shall file with the CitylgtROont least 30 days prior to the election day an 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 wader 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 ■ taxpayer in the City may also be nominated by petition signed by at least five hundred qualified voters of the City and- fi1ed_with the City Clerk at least 30 days prior to the election day, provided -the- candidate stns the petition certify- ing his acceptance and such petition contains -a "swore statement by the candidate that he is fully qualified ander the laws of Texas and the provisions of this Chester to hold the office he seeks. ANSNER .--J -3- YES NO REVISED 3/15/55 PoOPOSTTION NOBER 3. Shall the Charter of the City of Corpus Christi be amended by repealing *11 of Sect on,Y of Article V and adopting and sub- stituting therefor a hew section numbered Section 3 of Article V, such new section of said Article to read as follow 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 Coupoil shall be reimbursed for all necessary expenses incurred and paid by him in connection with the performance of his official duties, ANSWER -4- YES NO RE6°i3E6 3/15/55 plietsI?ncs Nl t 4, AWL L tks Chuetar of the City of Corpus Christi be amended by trpealiy ell of Pastier 4 of Attiole VI and ell of Section 7 of Astiele VII, ami adeptieg and substituting therefor two new sustiors aerbscsd Section 4 of Article VI and Section 7 of Article VII, seek Mew sections of said Articles to read es follows° ARTICLE VI, Sutton 4, Va eacy, 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 M yor, the Mayor Pro Tm shall immediately be- came the Mayor, provided that there is not at such time on file with the City Secretary a recall petition to recall the Commis- sionec ako is such Mayor Pro Tm, Any,Mayor Pro T. who becomes the Mayer as afereaald shall have all the duties and powers of the Mayor, end shall serve in such capacity for the remainder of the the unexpired -tern unless sooner removed as provided in this Charter. At the time the Mayor Pro Ten becomes the Mayor as afore - soid, the office of Mayor Pro Tm shall become vacant; and the remainder of theCesoissioners shall forthwith by election destit- u te one oflkannumber as Mayor Pro Ten to hold office and to have they duties and powers as are provided by this Charter for the suck-desigaated office. At the time the Mayor Pro Ten becomes the Mayer aforesaid, such individual shall forthwith resign his office of a Cemirsioner; and such vacancy shall be filled as ppavided im Seetice 7 of Article VII of this Charter. In the l''eef the M yex Pro Ten be ineligible to become the Mayor as 4feiesaid biy.reasoa of there being on file with the City Secre- tary a petition to recall the Commissioner who is such Mayor Pro Tem, the the eawaaey in the office of Mayor shall be filled by e special election to be held within sixty days after such vacancy sweets, and with sack election to be forthwith called by the thee! remaining Commissioners, and if there then be no remaining Commis- ' stoners such election shall be forthwith called by the County Judge • of Nieces Comity. Texas, - AYTICLE VII, Section 7,, Vacancies. In the event of death, resignation, REVIDED 3/15/5' permanamt disability. forfeiture of office. recall, or impeach- ment aim Commissioner, or if for any reason a vacancy shall exist is the office of any Commissioner, the then remaining mem- bers of the Council by majority vote of the then members shall forthwith fill each vacancy by appointment and the appointed Com- missioner shell hold office until the next regular City election and until his successor 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 term be appointed to be a Commissioner; and provided further that in the event a majority of the Commissioners be recalled at the same recall eiection..then the vacancies in the offices theretofore held by them shall be filled by a special election to be held within sixty drd after such vacancies occur. and with such elec- tio* to be forthwith called by the then remaining Commissioners. and if there then be no remaining Commissioners such election shall be forthwith called by the County Judge of Nueces County, Texas. ANSWER -6- [1 n YES NO REv nED 3/15/55 PROPOSITIQV N(*BER 5, Shall the Charter of the City of Corpus Christi be amended by repealing all of Article YII -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 Rayon and the power to recall the holder of any office of Commis- sioner for any reason which to them appears,to be desirable; 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 n 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 name 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 voter;, 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 Article. In examining the petition the City Secretary shall write the letters "D,V," in red ink op- posite the moles 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 author of persons found on the petition -7m REVISE., 3115/55 WHO ARE QUALIFIED TO VOTE AND THE NUMBER of PERSONS FOUND ON THE P ETITIDN WHO ARE NOT QUALIFIED TO VOTE., IF THE CERTIFICATE OF TEE Oily 3ECPE5 "ART SHALL SI1ow THE RECALL PETITION TO HAVE TOTAL SIGNA- TURES CF QUALIFIED NOTERS IN NUMBER LESS THAN TEN PERCENT OF THE QUALIFIED VOTERS of THE CITY, THE CITY SECRETARY SHALL NOTIFY THE P " "_RAON FILING THE PETITION, AND IT II Y BE SUPFLEMENTED WITHIN TEN DAYS FOOM THE DATE OF SUCH NOTICE BY FILING SUPPLEMENTARY (PETITION PAPERS GEARING 31GNATURES OF OTHER QUALIFIED VOTERS Or THE CITY„ W ITHIN TEN DAYS AFTER SUCH SUPPLEMENTARY PAPERS ARE FILED, THE CITY SECRETARY SHALL. AGAIN EXAMINE THE ORIGINAL PETITION, AS SUP—, PLEMENTED, AND SHALL CERTITY THE RESULTS THEREOF TO THE CouNCdL AY 1T5 NEXT' REGULAR MEETING, STATING THE NU6d3CR Or PER3Cil3 FB'JNO ON INC ' PETITION„ AS SUPPLEMENTED, WHO ARE QUALIFIED TO VOTE, *NO THE Ned INNER DE FER50NS FOUND ON THE PETITION, A3 SUPPLEMENTED, WHO ARE NOY GNALirIED TO VOTE. IF THE PETITION, AS SUPPLEMENTED, 13 FOUND TSB HAVE TOTAL SIGNATURES OF QUALIFIED VOTERS IN NuMSER LF35 THAN TEEN PERCENT OF THE QUALEFIED VOTERS or THE CITY,, THE CITY SECRETARY SHALL RETURN THE PETITION, A3 5UPPLE'MENTED, TO Ti- EE PERSON FILING THE. 5dkE. WITHOUT PREJUDICE TO THE FILING. OF A NEN PETITION FOR THE SAME FUPPO5Eo SECTION 3, RECALL ELECTION.. WHENEVER A RECALL PETITION 13 CERTIFIED BY THE CITY SECRETARY TO HAVE TOTAL SIGNATURES CF QUALIFIED VOTERS iN NUMBEF EQUAL TO AT LEAS," TEN PERCENT OF THE QUALIFIED VOTER' 01 TEE CI T°I AND THE HOLDER OF THE CIF( CE WHOSE IIC*IDVAL F"l)0m SUCH OFFICE IS P0U0HT BY 3UCH PETITION DOES NOT RESIGN WITHIN FIVE DAYS AFTER SUCH CERTIFICATION TO THE COUNCIL, THE COUNCIL SHALL FORTHWITH CkJER AND HOLD A RECALL ELECTION 1ITHIN NOT LESS T:'S!Id THIRTY, NOR MOPE THAU! SI%TY, DAYS FROM CERTIFICATION, IN THE EVENT AT ANY ONE 711E THERE ESE EE1010 THE COUNCIL MORE THAN ONE RECALL PEYITION 30 CERTIFIED BY ERE CITY SECRETARY AS TO WHICH THE COUNCIL E3 THEN 50 OBLi0&T€.0 TO ORDER RECALL ELECTIONS, THE COUNCIL SHALL ORDER ANO HOLD, ON °HE 3AME D¢.TE, RECALL ELECTIONS ON ALL SUCH PETITIONS 50 CERTIFIED, SECTION 4, RECALL BALLOT, BALLOTS USED AT RECALL ELECTIONS :SHALL CONFORM TO THE 10?LOW91ti0 REQUIREMENTS( (1) WI "H RESPECT TO EACH PER$oN WHOSE RECALL 13 3DUl`n!T THE 0mE3TI0N SHALL HE 3UFM91TTED "SHALL (NAME 07 OFFICE HOLDER) BE RECALLED AND REMOVED FROM THE Orricr, of (NAME OF 0FFICOr (2) IMMEDIATELY BELO°d EACH -5UCH Q0E'TIOV THERE SHALL SE PRINTED THE TWO FOLLOWING PHOP031 T I ONS, ONE A00VE THE O'I -101,, IN THE ORDER INOIOATED° "FO 'INC RECALL AND REMOVAL OF (NAME OF OFFICE HOLDER)." "AGA11.3T THE RECAL'.. AND REMOVAL OF (NAME Cc OFFICE HOLDER)" REV 1 aM 3/5/55 SECTION 5. RESULTS OF RECALL ELECTION. '9F A MAJORITY OF THE VOTES CAST'.AT A RECALL ELECTION SHALL SE AGAINST THE RECALL AND REMOVAL OF THE OFFICE HOLDER NAMED IN THE BALLOT HE SHALL CONTINUE IN 'FILE. IF A MAJORITY OF THE VOTES CAST AT SUCH ELECTTSSN 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 FILLING OF VACANCIES. AN OFFICE HOLDER THUS RECALLED AND REMOVED SHALL BE INELIGIBLE THEREAFTER FROM HOLDING ANY OFFICE IN THE CITY FOR A PERIOD OF TWO TEARS. SECTION 6. LEMITATION ON RECALL. NO RECALL PETITION SHALL BE FILED AGAINST AN OFFICE HOLDER WITHIN THE FIRST FOUR MONTHS AFTER HE TAKES OFFICE NOR WITHIN THE FOUR MONTHS IMMEDIATELY PRECEDING THE DATE OF THE NEXT REGULAR ELECTION FOR HIS OFFICE. NO OFFICE HOLDER SHALL BE SUBJECTED TO.MORE THAN ONE RECALL ELECTION DURENG A SINGLE ELECTIVE TERM OF OFFiCE..- ANSWER QYES NO REVISED 3/15/55 PROPOSITION NUMBER 6. SHALL THE CHARTER OF THE CITY OF CORPUS CHRISTI BE AMENDED BY REPEALING ALL OF SECTION 17 AND SECTION 18 OF ARTICLE II AND ADOPTING AND SUBSTITUTING THEREFOR NEW SECTIONS NUMBERED SECTION 17 AND SECTION 18 OF ARTICLE II, SUCH NEW SECTIONS OF SAID ARTICLE TO R ^AD AS FOLLOWS: SECTION 17. FRANCHISES, LEASES AND PUBLIC UTILITIES. = -(A) INALIENABILITY OF PUBLIC PROPERTY.. THE RIGHT OF CONTROL. AND USE OF THE PUBLIC STREETS, HIGHWAYS, SIDEWALKS, ALLEYS, BRIIGES, PARKS, PUBLIC SQUARES, PUBLIC PLACES AND PROPERTY OF THE CITY IS HEREBY DECLARED TO BE IN- ALIENABLE BY THE CITY, EXCEPT BY ORDINANCES NOT IN CONFLICT WITH THE PROVISIONS OF THIS CHARTER; PROVIDED, HOWEVER, THE COUNCIL MAY BY ORDINANCE GRANT, OR AUTHOR- IZE AN OFFICER OR EMPLOYEE OF THE CITY TO GRANT, SIDE TRACK OR SWITCH PRIVILEGE EASEMENTS TO COMMON CARRIERS TO AFFORD SWITCH PRIVILEGES AND CONNECTIONS TO THE OWNERS OR USERS OF ANY INDUSTRIAL PLANTS OR BUSINESS ESTABLISHMENTS, AND DAILY, WEEKLY OR MONTHLY USE PRIVILEGES, IN WHOLE OR IN PART, OF CITY AUDITORIUMS, HALLS, BOAT DOCKS, AND OTHER PUBLIC BUILDINGS AND FACILITIES, ALL UPON SUCH • TERMS AND WITH THE IMPOSITION OF SUCH CONDITIONS AND LIMITATIONS IN SUCH EASE- MENTS AND USE PRIVILEGES AS THE COUNCIL MAY ELECT, AND WITH THE COUNCIL HAVING THE RIGHT AT ANY TIME TO FORFEIT ANY SUCH EASEMENT AND USE PRIVILEGE IRRESPECTIVE OF WHETHER OR NOT SUCH RIGHT OF FORFEITURE BE SPECIFIED IN SUCH EASEMENT OR USE PRIVILEGE. No 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 INDIR- ECTION ANY RIGHT,' FRANCHISE, L €ASE, EASEMENT OR USE PERMIT AFFECTING•SAID PUBLIC STREETS, HIGHWAYS, SIDEWALKS, ALLEYS, BRIDGES, PARKS, PUBLIC SQUARES, PUBLIC PLACES AND OTHER PROPERTY OF THE CITY. (B) POWER TO GRANT FRANCHISE OR LEASE. THE COUNCIL SHALL HAVE THE POWER BY ORDINANCE TO GRANT, RENEW, AND EXTEND ALL FRANCHISES OF ALL PUBLIC UTILITIES OF EVERY CHARACTER 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 IS SUBMITTED 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 SUCM PARTICULAR FRANCHISE OR LEASE, AND A MAJORITY OF SUCH QUALIFIED VOTERS VOTING AT SUCH ELECTION FAVOR THE ENACTMENT OF SUCH 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. `5J YEARS OR LESS THAN FIVE-(5) YEARS MAY BE BY THE COUNCIL SUBMITTED TO THE QVALHTIED VOTERS OF THE CITY, AT AN ELECTION DULY CALLED FOR SUCH PURPOSE; 'AND IF SUCH QUESTION BE S0 AN SUBMITTED SUCH PARTICULAR ORDINCE SHALL NOT BE ENACTED UNLESS THE SAME BE APPROVED BY A MAJORITY OF THE QUALIFIED VOTERS VOTING AT SUCH ELECTION. -10- REVISED 3/x/55 IF AT THE TIME A REQUEST IS MADE FOR THE CITY TO GRANT, RENEW, EXTEND OR AMEND A FRANCHISE,TTHE CITY IS THEN ENGAGED IN FURNISHING SIMILAR SERVICE, POWER; ENERGY, FUEL OR SUBSTANCE WHICH IS PROPOSED TO BE FURNISHED BY THE PARTY SEEKING SUCH'FRANCHISEy'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 CONNECTION WITH ITS OPERATIONS UNDER SUCH FRANCHISE, AT.A PRICE EQUILAVENT TO THE THEN FAIR VALUE OF SUCH PROPERTY, WITH THE FACTORS TO BE TAKEN INTO ACCOUNT AND THE METHOD FOR DETERMINING SUCH PRICE TO BE AS SPECIFIED IN ITEM 11 OF SUB ■PARAGRAPH (E) OP. THIS SECTION 17) AND IF AT THE TIME A' REQUEST IS MADE FOR THE CITY TO GRANT, RENEW, EXTEND, OR AMEND A FRANCHISE, THE CITY 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, RENEWAL, EXTENSION OR AMENDMENT MAY, IN THE DISCRETION OF THE COUNCIL, CONTAIN THE RIGHT TO PURCHASE 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 UNTIL THIRTY (30) DAYS AFTER THE FIRST READING THEREOF. WITHIN FIVE (5) DAYS FOLLOWING EACH OF THE THREE READINGS OF THE ORDINANCE, THE FULL TE -XT 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 THE 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 FRANCHISED, WHETHER SO PROVIDED IN THE ORDINANCE OR FRANCHISE OR NOT, SHALL BE SUBJECT TO THE RIGHT OF THE COUNCIL: 1. TO FORFEIT ANY SUCH FRANCHISE SY ORDINANCE AT ANY TIME FOR FAILURE OF 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 INDIVIDUAL HAS FAILED TO' COMPLY WITH THE TERMS OF THE FRANCHISE, OR WITH THE REQUIRE MENTS OF THIS CHARTER AND THE ORDINANCES AND REGULATIONS ADOPTED HEREUNDER.' REVISED 3.'15/55.. 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 NECE9.'v ARY TO PROVIDE ADEQUATE SERVICE TO THE PUBLIC, TAKING INTS CONSIDERATION THE COST OF THE EXTENSION AND THE RATES CHARGER FOR THE SERVICE. .}o To REQUIRE EVERY PUBLIC UTILITY OR FRANCHISE HOLDER TO FURNISH TO THE CITY WITHOUT COST TO THE CITY FULL, INFORMATION REGARDING THE LOCATION, CHARACTER AND EXTENT OF ALL' FACILITIES OF SUCH PUBLIC UTILITY OR FRANCHISE HOLDER IN, OVER, UNDER OR USED UPON THE STREETS, ALLEYS, EASEMENTS AND OTHER PUBLIC OR PRIVATE PROPERTY IN THE CITY; AND TO REGULATE AND CONTROL THE LOCATION, RELOCATION, OR REMOVAL OF SUCH FACILITIES IN PUBLIC 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, BRIDGES, 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 INTERFERE WITH THE USE THEREOF BY THE OWNER FOR ITS PURPOSES NOR MATERIALLY' IMPAIR THE SAFETY OF 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 ITV 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, 7. 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 OTHER REPORTS, INCLUDING REPORTS ON THE LOCAL. OPERATIONS OF THE PUBLIC UTILITY OR FRANCHISE S °OLDER, WHICH SHALL BE IN SUCH FORM AND CONTAIN SUCH INFORMATION TAKEN FROM THE BOOKS AND RECORDS OF THE COMPANY AS THE COUNCIL SHALL PRESCRIBE. 9. To REQUIRE AND COLLECT ANY COMPENSATION AND RENTAL NOT NOW OR ;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 (52%) 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 NY 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 LIMITS 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 SUCH 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 OF 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 COUNCIL MAY ORDER NOTICE TO BE GIVEN TO THE FRANCHISE HOLDER THAT THE CITY 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 OF THE AFORESAID NOTICE THE HOLDER OF SUCH FRANCHISE SHALL SUBMIT TO THE CITY A COMPLETE DETAILED INVENTORY OF THE PROPERTY OF 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 ESTIMATE OF THE THEN FAIR VALUE OF SUCH PROPERTY WHICH WOULD BE AN ACCEPTABLE PRICE FOR SUCH PROPERTY, (III) 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 WHICH 70 AGREE UPON THE AFORESAID THEN FAIR VALUE; AND SHOULD THEY 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 FOLLOWS; ONE MEMBER TO BE APPOINTED BY THE FRANCHISE HOLDER WITHIN 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 THE AFORESAID SIXTY DAY PERIOD, AND THESE TWO 50 APPOINTED SHALL WITHIN FIFTEEN DAYS THEREAFTER APPOINT THE THIRD ARBITRATOR WHO SHALL BE A TEXA5 REGISTERED PROFESSIONAL ENGINEER. IF THE FRANCHISE HOLDER SHALL EITHER FAIL TO FURNISH TO THE CITY THE AFORESAID INVENTORY AND MAPS WITHIN THE PERIOD REVISED 3/15/55 ABOVE 50 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 8Y 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 50 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 ARBITRATORS 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 THE ARBITRATOR APPOINTED BY THE FRANCHISE HOLDER SHALL BE PAID BY THE 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 FAIR VALUE EITHER BY AGREEMENT OR BY SAID BOARD OF ARBITRATORS, THE CITY SHALL BE ALLOWED A PERIOD OF SIXTY DAYS FOR DETERMINATION OF WHETHER OR NOT THE CITY COUNCIL SHALL SUBMIT TO THE PROPER AND QUALIFIED VOTERS OF THE CITY THE PROPOSITION OF WHETHER OR NOT THE CITY SHOULD ACQUIRE THE PROPERTY SO SUBJECT TO PURCHASE BY THE CITY, AND ISSUE BONDS IN SUFFICIENT AMOUNT TO PAY THEREFOR, AND IN THE 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 CARRY 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. (Vh) 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: ,,114. REVISED 3/15155 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. 2. 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 WHEREI -N 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. 4. To EXAMINE AND AUDIT AT ANY TIME DURING REGULAR BUSINESS HOURS THE ACCOUNTS AND OTHER RECORDS OF ANY LESSEE. 4. 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, AND UNTIL THE COUNCIL SHALL HAVE ACTED UPON SUCH MOTION, OR HAD A PERIOD OF SIXTY (60) DAYS WITHIN WHICH TO ACT UPON SUCH MOTION FOR REHEARING. (H) tT IS NOT THE PURPOSE OF THIS SECTION OR OTHER SECTIONS PERTAINING TO FRANCHISES, LEASES 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 CITY, 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 50 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 INC 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 Nn REVISED 3/95/55 PROPOSITION NUMBER 7, 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 s<;opting and substituting therefor a new section numbered Section 19 of Article II, such new section of said Artiole to read as follows; Section 19, Contracts, No eintract shall ever be made which binds the City to pay for personal services 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 corpletign no further liability shall exist on the part of the City, Not 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 ibis 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 (i) examined by the City Attorney and has been either approved by him or his objec- tions thereto have been filed with the Council, and (ii) it has been signed by the City Manager and the Director of Finance. When- ever the contracts charged to any appropriation shall equal the 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 tarp 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 amities 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 im made and no award shall be made except to,ene of such bidders, The Council shall deten ise the most advantagebua bid for the City and shall award REV ISED. 3/%5'55 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 SPECIFI -CATIONS 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; PROVIDED, 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 ONE THOUSAND DOLLARS 41,000), EXCEPT CON- TRACTS FOR PERSONAL SERVICES, MUST BE ADVERTISED AS DESCRIBED IN THIS SECTION. ANSWER YES NO -17- REVISED' 3455 PROPOSITION NUMBER 8 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 2 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 BODY POLITIC AND CORPORATE, IN PERPETUITY, UNDER THE NAME "CITY OF CORPUS CHRISTI", HEREINAFTER REFERRED TO AS THE "CITY ", WITH SUCH POWERS, PRIVILEGES, RIGHTS, DUTIES AND IMMUNITIES AS ARE HEREIN PROVIDED. SECTION 2. 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 REGULATIONS 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 ANY GIVEN TERRITORY MAY COME BEFORE THE COUNCIL FOR CONSIDERATION UPON EITHER (1) THE WILL OF THE COUNCIL, OR (2) THE WRITTEN RECOMMENDATION OF THE ZONING AND PLANNING COMMISSION OF THE CITY, OR (3) PETITION SIGNED SY 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. (s) 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 3/15/55 PRESENT INTEREST OF THE CITY, THAT UPON THE INTRODUCTION OF ANY 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 RATA 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 THE ACTS, ORDINANCES, RESOLUTIONS AND REGULATIONS.OF THE CITY, (c) THE CITY COUNCIL SHALL HAVE- H$E,POWER BY ORDINANCE TO ANNEX ADDITIONAL TERRITORY ABUTTING AND LYING ADJACENT 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, /1d' 0 -19- REVISED 3./15/55+ PROPOSITION NUMBER 9. SHALL THE CHARTER OF THE CITY OF CORPUS CHRISTI BE AMENDED BY REPEALING ALL OF SECTION TO OF ARTICLE V AND ADOPTING AND SUBSTITUTING THEREFOR A NEW SECTION NUMBERED SECTION 10 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- FIED, ALL ADMINISTRATIVE DEPARTMENTS SHALL BE UNDER THE CONTROL OF THE CITY MANAGER. WITH THE EXCEPTION OF THE FINANCE 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 ANY SUCH DEPARTMENT THE COUNCIL SHALL CONSIDER RECOMMENDATIONS OF THE CITY MANAGER WITH REGARD THERETO. THE COUNCIL BY ORDINANCE MAY CREATE, CHANGE, TRANSFER, OR ABOLISH OFFICES IN ANY DEPARTMENT OTHER THAN THE OFFICES ESTABLISHED BY THIS CHARTER FOR THE FINANCE DEPARTMENT AND THE LEGAL DEPARTMENT; AND BY ORDINANCE MAY ASSIGN OR TRANSFER ADDITIONAL FUNCTIONS OR DUTIES TO OFFICES AND DEPARTMENTS, WITH THE EXCEPTION THAT THE COUNCIL MAY NOT ASSIGN OR TRANSFER TO ANY OTHER OFFICE OR DEPARTMENT ANY FUNCTION OR DUTY ASSIGNED BY THIS CHARTER TO THE FINANCE DEPARTMENT OR TO THE LEGAL DEPARTMENT; BUT PROOR 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 -20 El LI YES NO REVISED 3h5/55 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 THC 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 1 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. WHENEVER ANY FUNCTIONS AND PROCEDURES OF THE CITY BE COMBINED AND CONSOLIDATED WITH ANY FUNCTIONS 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 -21- ❑ YES n NO REVISED 3 ,(l55 PROPOSITION 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 I, 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 CHAIRMAN 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 AND 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 PLATTING 'OR SUBDIVIDING LAND WITHIN THE CORPORATE LIMITS OF THE CITY AND WITHIN 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 COMMISSION ARE NECESSARY OR DE- SIRABLE DURING THE FORTHCOMING FIVE YEAR PERIOD; (5) REQUIRE INFORMATION FROM THE OTHERIDEPARTMENTS OF THE CITY GOVERNMENT IN RELATION TO 'ITS WORK; THE COMMISSION 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 PROVISIONS OF THIS CHARTER. 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 .0f CITY ZONING AND PLANNING, AND WHO SHALL BE APPOINT 57 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 TECHNICAL 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, PROVIDED, HOWEVER, SUCH REMOVAL SHALL BE CONSENTED TO BY RESOLUTION 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 BY THE CITY MANAGER AND MAY BE REMOVED BY THE CITY MANAGER. (D) THE MASTER PLAN., THE MASTER PLAN FOR THE PHYSICAL. DEVELOP- MENT OF THE CITY OF CORPUS CHRISTI SHALL CONTAIN THE COMMISSION °S. RECOMMENDATIONS FOR GROWTH, DEVELOPMENT AND BEAUTIFICATION OF THE CITY. A COPY OF THE MASTER PLAN, OR ANY PART THEREOF, SHALL BE FORWARDED TO THE CITY MANAGER WHO SHALL THEREUPON SUBMIT SUCH PLAN, OR PART THEREOF, TO THE COUNCIL WITH HIS RECOMMENDATIONS THEREON. THE COUNCIL MAY ADOPT THIS PLAN AS A WHOLE OR IN PARTS AND MAY ADOPT ANY AMENDMENT THERETO, AFTER AT LEAST ONE PUBLIC HEARING ON THE PROPOSED ACTION. THE COUNCIL SHALL ACT ON SUCH PLAN, OR PART THEREOF, WITHIN SIXTY DAYS FOLLOWING ITS SUBMISSION BY THE CITY MANAGER. IF SUCH PLAN, OR PART THEREOF, SHOULD BE REJECTED BY THE COUNCIL THE COMMISSION MAY MODIFY SUCH PLAN, OR PART THEREOF, AND AGAIN FORWARD IT TO THE CITY MANAGER FOR SUBMISSION TO THE COUNCIL. ALL AMENDMENTS TO THE MASTER PLAN RECOMMENDED BY THE COMMISSION SHALL BE SUBMITTED IN THE SAME MANNER AS THAT OUTLINED ABOVE TO THE COUNCIL FOR APPROVAL, AND ALL RECOMMENDATIONS TO THE COUNCIL FROM ANY CITY DEPARTMENT AFFECTING THE MASTER PLAN MUST BE ACCOM- PANIED BY A RECOMMENDATION FROM THE COMMISSION. (E) LEGAL EFFECT OF MASTER PLAN. UPON ADOPTION OF THE MASTER PLAN BY THE COUNCIL, NO SUBDIVISION, STREET, PARK NOR ANY PUBLIC WAY, GROUND OR SPACE, PUBLIC BUILDING OR STRUCTURE AND NO PUBLIC UTILITY, WHETHER PUBLICLY OR PRIVATELY OWNED WHICH 15 IN CONFLICT WITH THE MASTER PLAN, SHALL BE CONSTRUCTED OR AUTHORIZED BY THE CITY UNTIL �3- RE1e10Ei 3/15/5 iii ilon the loonies mad .=tent Hereof shall bow been e,Mittei tomadLappreved by tie Commission. Ia case of disapproval, tie Cos. Woken 'hail c mmaafeate its reasons to the Council, which shall Dave the per to overrule saeh disapproval and upon such overriding tie - Correll er the appropriate office, department or agony 'bail We pores to proceed. The widening, narrowing, relocating, minims er asap is the use oa any street or other pablio way or ground or 'Melia baildiad, dahlia property, or public utility, shall be 'abject to similar submission and approve, and failure to approvi mmy be •inlarly °Serraled by the Council. The Tailors of the Cod- h issing 10 act within thirty days after the date of official sub- mission to the Commission shall be deemed approval, unless ■ longer period he granted by the Council or the submitting official. ' if) Plattieg Property. Any property within the City or hero- 'not admitted but not low platted into blocks and lots, shall be platted and kali off by its owners to conform to the rempiirements of When of'the &gineering and Construction Division of the &pert.uet of Public Works and the Zoning and Planning Commission. Its owners, before such property is laid off and subdivided, shall file with the bend of the tagineering and Construction Division of the Department of Mlle Works and with the Zoning and Planning Coamissioa a correct map thereof; The City gall never pay for the property used for streets and alleys within any such subdivision, bat,same shall, when platted by such act, be dedicated to such use dad shell become the property of the City and shall be oared for as ouch. , Such map shall be approved by the head of the Engineering and Construction Division of the Department of Peblic Works and by the Zoaiag 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 bead of the &ngiaeeriag and Construction Division of the Department of Public Works shall never grant any permit to construct or repair any house or etrictare within such area until such map shall be so approved mad filed. The Council shall pass all necessary ordinances to effectuate the provisions of this Section and shell also pass all aeoessary ordinances prescribing reasonable rules and regula- tion for laying mains or pipes, ewers, public utility wires, pipes, pests, or cables, and the kind and character of street pun *orbs and sidewalks which may be placed in any such sub- division. ANSWER ® ES n NO 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 V, SUCH NEW SECTION OF SAID ARTICLE TO READ AS FOLLOWS: 'SECTION 5. THE CITY MANAGER. THE COUNCIL SHALL APPOINT A CITY MANAGER WHO SHALL BE THE CHIEF ADMINISTRATIVE AND EXECUTIVE OFFICER OF THE CITY. THE MANAGER SHALL BE CHOSEN BY THE COUNCIL SOLELY ON THE BASIS OF HIS EXECUTIVE AND ADMINISTRATIVE TRAINING, EXPERIENCE AND ABILITY, AND WITHOUT REGARD TO POLITICAL CONSIDERATIONS, AND NEED NOT WHEN APPOINTED BE A RESIDENT OF THE CITY OF CORPUS CHRISTI OR OF THE STATE OF TEXAS, BUT SHALL, DURING HIS 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 FINAL, IT BEING THE INTENTION OF THIS CHARTER TO VEST ALL AUTHORITY AND FIX ALL RESPONSIBILITY FOR SUCH REMOVAL ON 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 DISABILITY, THE CITY MANAGER SHALL RECEIVE SUCH COMPENSATION AS MAY BE FIXED BY THE COUNCIL. ANSWER -25° L YES NO RrV_Eo 315!5 lwoPOSITION NUMBER 13, Shell the Charter of the City of Corpus Christi be amended by repealing all of Section 6, Section 7, Section 8,. Section 9, aa1 Seotloa 78 of Article Y 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 Y, suck new sootiest* of slid Article to read as followse Section 6, lowers and Duties. The powers and duties of the City Manager shall be as followse To see that all laws and ordinances are enforced. To exercise control over all departments and subdivisions thereof *reeled by the City Charter and amendments thereto, or that ray hereafter be created by the Council, except as herein otherwise provided° To see that all terns and conditions imposed is 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 ammo or terminate such franchisee Te 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 e11 special meetings in the sane manner as such notice is given to members of the Council. Any action taken at any meeting of the Council of which the City Manager has tot been notified shall be of no force or effect, except, however, the action of designating a person to perform the duties of City Manager is 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 coeditiot and needs of the City and to reader a MCNT,aLv meaty statement of departmental activities. To act as budget officer, and, as sack, prepare and submit to the Council the anneal budget, after receiving estimates made -26- REVAtED 3/15/55 b t!♦ 9ireoters of the various departments of the City a see o . that the City lives witkia its budget, and be- fere amp expeadlturee are made from budgetary appropriations for any as* 411 boards crested by Charter or ordinance, to see that sae! expenditures are lawful and to the best interest of the City, 1e that cad the :ity Manager shall be an ex officio member of all each beerd' .e commissions without vote, but with the right of vete of any proposed expenditures that he shall deem not to the hest interest of the City. Any moneys so expended for the aeeouat of may board or commission shall be disbursed as provided is Seeteen lb of this Article, Te execute deeds on behalf of the City when authorized by ordinance duly eeesed by the Council; to make and execute all oeatreets sr beeelf of the City, provided, however, all con- tracts for eapenditures not included in the annual budget shell . be approved by the Council before the same shall be binding upon the City. To perches*, 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 peescribed 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 re4aire 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 ooMMitiosed far the faithful performance of the duties of his office. •pteldeme fen such bond shall be paid by the City. Section 7, seployment of Personnel. All Directors of Depart - meats end Division Beads, whether specifically provided in this Garter or by ordinance, shall be appointed by the City Manager, " provided, however, each such appointment before it becomes effec- tive skill 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 ie the Classified Service au 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 -awash appointees in the work which they are to administer, REVISED 3/15/55 ANY DIRECTOR OF A DEPARTMENT AND ANY DIVISION HEAD; WHETHER SPECIFICALLY PROVIDED IN THIS CHARTER OR BY ORDINANCE, MAY BE RE° MOVED BY THE CITY MANAGER, PROVIDED, HOWEVER; ANY SUCH REMOVAL SHALL BE CONSENTED TO BY RESOLUTION PASSED BY A MAJORITY OF THE MEMBE. ?S OF YHE COUNCIL BEFORE SUCH REMOVAL SHALL BECOME EFFECTIVE; AND ALL DINER EMPLOYEES OF THE CSTY WH05E REMOVAL IS NOT OTHERWISE PROVIDED IN THIS CHARTER MAY BE REMOVED BY THE CITY MANAGER, PRO- VIDED, HOWEVER, THAT AN THE CLASSIFIED SERVICE ANY REMOVAL SHALL BE SUBJECT 70 THE CLASSIFIED SERVICE PROVISIONS OF THIS CHARTER, IN CASE OF THE REMOVAL OF A DIRECTOR OF A DEPARTMENT OR A DIVISION HEAD AFTER 51X MONTH5 OF SERVICE, IF THE DIRECTOR OR THE DIVISION HEAD 50 DEMANDS, A WRITTEN STATEMENT OF THE REASON FOR H15 REMOVAL SHALL BE MADE BY THE CITY MANAGER AND SUCH STATEMENT AND ANY WRITTEN REFLT THERETO OF THE DIRECTOR OR THE DIVISION HEAD SHALL BE FILED AS A PUBLIC RECORD IN THE OFFICE OF THE CITY SECRETARY, SECTION 8. INTERFERENCE. SUBJECT TO THE HEREIN PROVIDED RIGHT5 AND RESPONSIBILITIES OF THE COUNCIL FOR CONFORMATION, C0N5ENT AND INVESTIGATION, NEITHER THE COUNCIL NOR ANY OF IT5 MEMBERS SHALL INSTRUCT OR REQUEST THE CITY MANAGER OR ANY OF HIS SUBORDINATES TO APPOINT TO OR REMOVE FROM OFFICE OR EMPLOYMENT ANY PERSON EXCEPT WITH RESPECT TO THOSE OFFICES 51HICA ARE TO BE FILLED BY APPOINTMENT BY THE COUNCIL UNDER THE PROVISIONS OF THIS CHARTER. EXCEPT FOR THE PURPOSES OF ONQUIRY AND INVESTIGATION, FNFORO1NG AN ORDINANCE OF THE CITY, OR ENFORCOHG A PENAL LAW, FEDERAL, STATE OR MUNICIPAL; THE COUNCIL SHALL DEAL WITH THE ADMINISTRATIVE 5ERVPCE OF THE CITY SOLELY THROUGH THE CITY MANAGER AND SHALL NOT GIVE ORDERS TO ANY OF THE MANAGER'S SUBORDINATES. WILLFUL VIOLATION OF 7HE FORE80150 PROVISIONS OF TH15 CHARTER BY ANY MEMBER OF THE COUNCIL SHALL CONSTITUTE OFFICIAL M1SUOMDUCIo SE'CVnoN 9, INVESTIGATION AND RE 5FON51BOLITY, THE COUNCIL SHALL HAVE THE 5555E55 POWER TO INQUIRE INTO THE OFFICIAL CONDUCT OF ANY DEPARTMENT, DIVISION, AGENCY, OFFICE, OFFICER OR EMPLOYEE OF THE CCTV, AND FOR THAT PURPOSE SHALL HAVE THE POWER TO ADMINISTER OATHS, SUBPOENA VOTRESSES, COMPEL THE PRODUCTION OF BOOKS, PARER5, AHD OTHER EVIDENCE MATERIAL TO THE INQUIRY. REFUSAL TO ATTEND AND TESTIFY OR TO PRODUCE 50055, PAPERS, AND OTHER EVIDENCE MATERIAL TO THE INQUIRY, SHALL RESULT IN FORFEITURE OF ANY OFFICE, EMPLOYMENT, EMOLUENT`z, OR CONTRACT THEN ACCRUING TO THE PERSON SO REFUSING, THE COUNCIL MAY PROVIDE 137 ORDINANCE ADDITIONAL PENALTOES FOR CONTEMPT ON FAILING OR REFUSING TO OBEY ANY SUCH SUBPOENA, OR 70 PRODUCE ANY SUCH BOOKS, PAPERS, OR OTHER EVIDENCE, AND SHALL HAVE THE POWER TO PUNISH ANY SUCH CONTEMPT ON THE MANNER PRO= VODED BY SUCH 05D1NANOE. -28- REVISED 3A5/55 ALL DUTIES AND RESPONSIBILITIES NOT EXPRESSLY OR IMPLIEDLY DELEGATED TO THE CITY MANAGER BY THBS 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 -29- YES NO R inD 3/25/55 PSOP0SITICN MJMBEI 14. Shalt 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, aid Section 3$ of Article 7 and by repealing all of Section 3 of Article X. aid adeptiag and substituting therefor new sections aamhered Section 166 Section 16, Section 17, Section 18, Section 19, kitties 20, Sootier 21, and Section 22 of Article 7, sack new sections of said Article to read as follow 4lection 15, . Director of Finance. The Director of Finance shall, under the direction and control of the City Manager, have urge of the Department of Finance, which shall include the so- eantieq, treasery, purchasing, taxatioe, and budgeting divisions. Me shall have the administration of the financial affairs of the City la the various departments placed under his control, and shall prescribe the methods of keeping, and the supervision of, all accounts. 8e shall have control of the custody and disburse - meet of City fends and moneys, according to ordinances and regnla- tiems of the Council by direction of the City Managers the assess - a.it end collection of such taxes, including special assessments, as may be levied by ordinance; the issuance of licenses and -col- lectioa of license fees; and shall perform such other duties as the City Manager may require, or the Council nay designate by erdiaaaoeo. Before assuming the duties of his office the Director of Finance shall execute a bond with some responsible surety com- pesy, acceptable to the Council, in such amount as may be required by the Coiectl, conditioned for the faithful performance of the duties of hie office, the premium of which bond shall be paid by the City et Corpsis Christi. Unities' 16, Accounts. The Director of Finance shall, ender the dizeotioa of the City Manager, establish and maintain as ade- jesto system of aocoentinge It shall be his duty to examine in Weil all bills, accounts and claims against the City, and, if found correct, to certify his approval therefore but, if foaad iseexrect, he shall return them to the department presestiig the semi, for cozrectioao 8e shall keep comprehensive accounts of all receipts and disbursements of money, end, under proper headings efoo o„ -, y, oeoN eoaoot of receipt and the cause of each disburse- was. Se a1ao 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 *11 warrants a countersign the same after appropriation has been duly made b .se Council to pay the same. He shall also ascertain 'Mathew ooy expenditure made or proposed to be made by the City is excessive, either in the palm of the thing purchased, tha computation of the charge, or otherwise, and if he shall so find, he shall make a report thereon to the City Manager. - Section 11. City Controller. The City Controller, who shall be appointed by the Council, shall be the Chief Auditor of the City, and . he shall ba -responsible for carrying on a continuing audit of the books and :scssouats of the City of Corpus Christi, he shall be responsibiz;; ;fir the Coancil and shall perform such duties as are herein set forth end 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 c74se an audit and in- vestigation of the accounts of such officer to be made and shall report to the City Manager and the Council. Either the Council or the City Manager may at any time provide for an investigation or audit of the accounts of any officer or department of the City government° 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 Manger shall appoint a City Treasurer, who maybe an officer of the depositary batik, who shall perform such duties as the City lhmepr .sue respire aid shell receive for kis services the son 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, whisk advertisement shall specify the terms on which bids will be received, including the rate of interest on daily balances and oa'loans by the depository to the City, He 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- meet. On the tenth day after the first day of such advertisement, Semd es efd.lsgal holidays secluded, all bids shall be epausd aid e[aMibd by the Cassell and City Manager. At Ms next sgaler mettle of the Cesnoil, the City Manager and Coaectl shall pass epee said bids and select a City Depository, which shell be seder tit* direct smpeeviaten of the City Manager and Cottrell. The City Deposit e4 shall give bond for such sum as may be- im:eaibol by the f- „aacil, conditioned for the faithful perform - mace of its duties and that it will well °:ed truly account for all beeps eeposited 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 neeBlexred to the City Depository selected. From and after said transfer of funds, and not before, the City Depository se- lected shall be the duly qualified City Depository for two years thereafter sod 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 tie same only upon warrants or orders signed under the seal of the City by the Director of Finance or the City Manager and epestersigned by the City Secretary or such other officer of the City as may be dopidrated by the Council; pp_ -vided that, no order or warrant shall be paid by the City Depository unless it shows ups* its face that the City Manager has orderei its issuance and atates•tbe purpose, for which same was issued. `fhe City Depository shall render a full and correct stateliest, under oath, of its re- ceipts and disbursements, to the City Manager end tat Corapil, at tie first regales setting of the Council in each meth and *Mall make suck additional statement concerning the accounts of the tit, as the City 'Saeger or the Council may from time to time require. !be folds reeeir.l by ass official of the City shall be deposited in, the Bite wapesitsry as herein provided. Ditties ID lkrckases and Sapplies. The Di rector of Finance 41111 late ailsas for tko City in the saner welded by MIdimpset dot- tear amok regulations as may be provided by *gum or ssselatior, sell ell persists' property of the City ast.•alaeded for 'Olio use, or that may have bees condemned by the Pleidter of a dupartmento lie shall bare cbarge of sack storerooms and Morsbouss* of the City, and keep such inventories of properties, ell as the Conseil may by ordinance provide. Supplies regeired by say depamemeat say be furnished upon requisition from the stares under tie mistral of the Director of Finance. The Director of Finance shall rot fesaish any supplies to any department unless tbers be to the erodit of such.departaent an available appropriation balsas* iY moss ef all unpaid obligations sufficient to pay for seek supplies Weis tie City Manager should otherwise order, The REVISED 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 DIVISION 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 LEVEED 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„ IF HE SHALL FAIL TO SO DEPOSIT ANY FUNDS WITH TH,E CITY TREASURER By THE END 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 PER ANNUM 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 OK. THE OFFICE, PREMIUM ON WHICH BOND SHALL BE PAID BY THE CITY, THE COUNCIL MAY REQUIRE A NEW OR ADDITIONAL BQND AT ANY TIME THE EXISTING BOND SHALL. BE DEEMED IN- SUFFICIENT. 'SECTION 2Z. - _CLAIMS. NO ',CLAIM AGAINST THE CITY SHALL BE PAID UNLESS -IT ES EVIDENCED By .A VOUCHER APPROVED BY TI-t '.HEAD OF THE DEPARTMENT OR OFFICE FOR WHICH THE INDEBTEDNESS WAS INCURRED; ANA 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 HES NEGLIGENT OR CORRUPT APPROVAL OF ANY SUCH CLAIM. THE D- RECTOR OF FINANCE SHALL EXAMINE ALL PAYROLLS, BILLS AND OTHER CLAIMS AND, DEMANDS AGAINST THE CITY AND SHALL ISSUE NO WARRANT FOR PAYMENT UN- LESS HE FENDS THAT THE CLAIM IS IN PROPER FORM, CORRECTLY COMPUTED AND DULY APPROVED; THAT ET ES JUSTLY AND LEGALLY DUE AND PAYABLE; THAT AN APPROPRIATION HAS BEEN MADE THEREFOR WHICH -HAS NOT BEEN EXHAUSTED OR THAT THE PAYMENT HAS BEEN OTHERWISE LEGALLY AUTHORIZED; AND THAT THERE ES MONEY IN THE CITY TREASURY,. TO MAKE PAYMENT, HE MAY INVESTIGATE ANY CLAIM AND FOR THAT PURPOSE 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 15 OTHERWISE CONTRARY TO LAW OR ORDINANCE, HE AND HIS SURETIES SHALL BE INDIVIDUALLY LIABLE TO THE CITY FOR THE AMOUNT THEREOF. ANSWER -34- YES NO 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 °HALL 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'COUNCIL; 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 BEFOR E -SUCH CONTRACT OR DOCUMENT 15 EXECUTED BY THE CITY, EVERY ORDINANCE BEFORE iT IS ACTED UPON BY THE COUNCIL AND EVERY CONTRACT AND EVERY DOCUMENT BEFORE IT I5 EXECUTED BY THE CITY "SHALL -BEAR (I)° THE LEGEND OVER THE WRITTEN SIGNATURE OF THE CITY ATTORNEY OF EITHER ®APPROVED" OR "WRITTEN OBJECTIONS FILED ", AS THE CASE MAY BE, AND (II) THE DATE ON WHICH SUCH LEGEND IS 50 AFFIXED BY THE CITY ATTORNEY TO SUCH ORDINANCE, CONTRACT OR DOCU= MEWS.. ALL WRITTEN OBJECTIONS OP THE CITY ATTORNEY TO ANY ORDI- NANCE SHALL Bt PRESERVED BY THE CITY SE CRETARY 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 SHALL SE AVAILABLE TO •THE PUBLIC FOR EXAMINATION iN THE OFFICE OF THE CITY MANAGER, THERE• SHALL' BE:SUCH ASSISTANT CITY ATTORNEYS AS MAY BE PRO- VIDED FOR BY THE COUNCIL; AND ALL POWERS,AND DUTIES IMPOSED ON THE -CITY ATTORNEY MAY 81 EXERCISED AND PERFORMED BY ANY ASSISTANT -35° REVISED 3A5/55 CITY ATTORNEY UNDER-HIS DIRECTION. SUCH ASSISTANT CITY ATTORNEYS SHALL BE LICENSED TO PRACTICE LAW 1N- THE STATE OF TEXAS, AND SHALL BE NOMINATED BY THE CITY ATTORNEY AND SHALL BE APPOINTED BY THE CITY MANAGER. ANSWER -36- YES E NO R w f5ID 3/15/5 PROPOSITION. I ER 16. Shall the Chutes of the City of Corpus Christi be amended by repealing all of Section 2 of Article X thereof and adopting and substituting a am section numbered Section 2 of Article X, such alw 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. ANSWER -37- ❑ YES ❑ NO REVISED 3/15/55 PROPOSITION NUMBER 17, SHALL THE CHARTER OF THE CITY OF CORPUS CHRISTI BE 8 BY REPEALING ALL OF ARTICLE VmA AND BY REPEALING ALL OF SECTION 8 OF ARTICLE JX, AND ADOPTING AND SUBSTITUTING .THEREFOR A NEW ARTICLE V..A, SUCH NEW ARTICLE TO READ AS FOLLOWS'; SERVICE SECTION 1. CIVIL SERVICE BOARD, ,THERE IS HEREBY ESTABLISHED A CIVIL SERVICE BOARD, WHICH SHALL CONSIST OF THREE PERSONS, CITIZENS OF CORPUS CHRISTI, EACH OF WHOM SHALL HAVE RESIDED IN THE CITY FOR THREE YEARS OR MORE IMMEDIATELY PRECEDING HIS APPOINTMENT, No MEMBER OF THE BOARD SHALL DURING HIS TENURE BE A CANDIDATE FOR OR HOLD ANY PUBLIC OFFICE OR POSITION, EXCEPT NOTARY PUBLIC, THE MAYOR, WITH THE ADVICE AND CONSENT OF A MAJORITY OF THE COMMISSIONERS, SHALL APPOINT THE MEMBERS OF SUCH BOARD, OF THE FIRST THREE MEMBERS SO APPOINTED, ONE SHALL BE APPOINTED FOR A TERM OF ONE YEAR, ONE SHALL BE APPOINTED FOR A TERM OF TWO YEARS, AND ONE SHALL BE APPOINTED FOR A TERM OF THREE YEARS; THEREAFTER, THE. TERM OF OFFICE OF EACH MEMBER OF SUCH BOARD SHALL BE FOR THREE YEARS, OR UNTIL A SUCCESSOR IS APPOINTED, - .. SECTION 2. OFFICERS AND-COMPENSATION. 'IMMEDIATELY AFTER APPOINTMENT THE BOARD SHALL ORGANIZE' BY ELECTING ONE OF THE MEMBERS CHAIRMAN AND SHALL APPOINT A CHIEF EXAMINER, NOT A MEMBER OF THE BOARD, . WHO SHALL ALSO ACT AS SECRETARY, TO SERVE FOR TWO YEARS UNLESS SOONER REMOVED BY THE BOARD, THE MEMBERS OF THE BOARD SHALL EACH RECEIVE FIVE DOLLARS FOR EACH MEETING OF THE BOARD ATTENDED, NOT TO EXCEED ONE HUNDRED DOLLARS IN ANY FISCAL YEAR THE BOARD MAY APPOINT SUCH OTHER SUBOROINATES AS MAY, BY APPROPRIATION OF THE GOVERNING BODY, BE PROVIDED FOR SECTION 3. CLASSIFIED SERVICE, THERE I5 HEREBY ESTABLISHED A CLASSIFIED SERVICE IN WHICH ALL APPOINTMENTS AND PROMOTIONS SHALL BE MADE ON THE BASIS OF MERIT AND FITNESS. THE CLASSIFIED SERVICE SHALL IN= CLUDE ALL EMPLOYEES OF THE CITY EXCEPT THE FOLLOWING, (A) MEMBERS. OF THE COUNCIL; THE CITY ATTORNEY; ASSISTANT CITY,ATTORNEYS; DIRECTOR. OF FINANCE; DIRECTOR OF PUBLIC UTILITIES; DIRECTOR OF PUBLIC HEALTH; DIRECTOR OF PUBLIC WORKS; DIRECTOR OF PLANNING; CITY SECRETARY; CITY TREASURER; TAX ASSESSOR AND COLLECTOR; CITY CONTROLLER; PURCHASING AGENT; CHIEF. EXAMINER OF 7ME.CIVIL SERVICE -38- REVISED 3/55 BOARD; THE CITY MANAGER; ADMINISTRATIVE ASSISTANTS TO THE CITY MANAGER; JUDGE OF THE CORPORATION COURT; CLERK OF THE CORPORATION COURT; THE LIBRARIAN AND EMPLOYEES OF LA RETAMA LIBRARY; THE DIRECTOR OF ANY DEPARTMENT OF THE CITY CREATED BY THIS CHARTER OR BY ORDINANCE; THE HEAD OR PRINCIPAL OFFICER OF ANY DIVISION OF ANY DEPARTMENT CREATED BY THIS CHARTER OR By ORDINANCE; THE PRINCIPAL STENOGRAPHIC SECRETARY OF ANY CITY OFFICER NAMED IN THIS PARAGRAPH; THE PRINCIPAL STENOGRAPHIC SECRETARY OF THE D IRECTOR OF ANY DEPARTMENT CREATED BY THIS CHARTER OR BY ORDINANCE; THE PRINCIPAL STENOGRAPHIC SECRETARY OF THE HEAD OR PRINCIPAL OFFICER OF ANY DIVISION OF ANY DEPARTMENT CREATED BY THIS CHARTER OR BY ORDINANCE; MEMBERS OF BOARDS AND COMMISSIONS IN THE CITY'S SERVICES; EMPLOYEES OF BOARDS AND COMMISSIONS IN THE CITY'S SERVICE; AND (B) OFFICERS AND EMPLOYEES OF CLASSES OR DEPARTMENTS WITHIN THE CIVIL SERVICE STATUTES OF TEXAS; AND (C) ALL ORDINARY UNSKILLED AND SEMI - SKILLED LABOR, SECTION 4. RULES AND REGULATIONS. THE CIVIL SERVICE BOARD, SUBJECT TO THE APPROVAL OF THE COUNCIL, SHALL ADOPT, AMEND AND ENFORCE A CODE OF RULES AND REGULATIONS PROVIDING FOR APPOINTMENT, EMPLOYMENT OR SUSPENSION IN ALL POSITIONS IN THE CL ASSIFIED SERVICE BASED UPON CITIZENSHIP, CHARACTER, MERIT, EFFICIENCY AND INDUSTRY, WHICH SHALL HAVE THE FORCE AND EFFECT OF LAW; AND ALSO RULES REGULATING PROMOTIONS, DEMOTIONS, REDUCTION OF FORCE OF EMPLOYEES IN THE CLASSIFIED SERVICE AND IN WHAT ORDER THEY SHALL BE DIS- MISSED AND REINSTATED. ALL PERSONS EMPLOYED BY THE CITY IN THE CLASSIFIED SERVICE SHALL BE EMPLOYED, PROMOTED, DEMOTED TO A LOWER CLASSIFICATION, OR DISCHARGED PURSUANT TO THE PROVISIONS OF THIS CHARTER AND THE RULES AND REGULATIONS ADOPTED BY THE CIVIL SERVICE BOARD. SECTION 5. PROBATION PERIOD. ANY INDIVIDUAL WHO 15 EMPLOYED IN THE CLASSIFIED SERVICE OR ANY INDIVIDUAL WHO RECEIVES PROMOTION IN THE CLASSI- FIED SERVICE SHALL SERVE A PROBATION PERIOD OF SUCH DURATION AS MAY BE FIXED BY THE BOARD, AT. ANY TIME DURING SUCH PROBATION PERIOD SUCH PROBATIONER, IF A NEW EMPLOYEE, MAY BE DISCHARGED BY THE HEAD OF THE PROBATIONER'S DEPART- MENT; AND SUCH PROBATIONER, IF SEEKING A PROMOTION, MAY BE DEMOTED TO A- LOWER CLASSIFICATION BY THE HEAD OF THE PROBATIONERS DEPARTMENT. IN THE EVENT A PROBATIONER BE NOT SO DISCHARGED OR SO DEMOTED DURING HiS PROBATION PERIOD, HIS EMPLOYMENT OR PROMOTION IN THE CLASSIFIED SERVICE SHALL BE COMPLETE. SECTION 6. REMOVAL OF EMPLOYEES. ANY EMPLOYEE IN THE CLASSIFIED SERVICE MAY BE SUSPENDED BY THE CITY MANAGER OR THE HEAD OF THE DEPARTMENT UNDER WHICH HE IS EMPLOYED, AND THEREUPON HIS SALARY SHALL CEASE. THE OFFICER MAKING THIS ORDER OF SUSPENSION SHALL FORTHWITH FILE WITH THE CIVIL SERVICE BOARD A STATEMENT IN WRITING OF THE SUSPENSION AND HIS REASONS THEREFOR. WITH TEN (10) DAYS AFTER -39- SUCH SUSPENSION THE EMPLOYEE SO SUSPENDED MAY, IF HE DESIRES, FILE AN APPEAL WITH THE CIVIL SERVICE BOARD, WHO SHALL HOLD AN INQUIRY WITHIN TEN DAYS THEREAFTER, AND SAID BOARD SHALL MAKE A DECISION WITHIN TEN DAYS AFTER THE HEARING WHETHER THE EMPLOYEE SHALL BE PERMANENTLY DISMISSED FROM THE SERVICE OF THE CITY OR REINSTATED IN HIS EMPLOYMENT. THE DECISION OF THE BOARD SHALL BE FINAL. IN ALL HEARINGS BY THE BOARD, THE_JUDGMENT.OF THE OFFICER SUSPENDING THE EMPLOYEE SHALL BE PRESUMED TO BE CORRECT AND THE. BURDEN OF DIS- PROVING THE CHARGES MADE AGAINST HIM SHALL BE UPON THE EMPLOYEE. SECTION 7. PAY ROLLS, CLASSIFIED SERVICE. THE SECRETARY OF THE CIVIL SERVICE BOARD SHALL CERTIFY TO THE DIRECTOR OF FINANCE THE NAME OF EACH PERSON EMPLOYED IN THE CLASSIFIED SERVICE AS WELL AS THE NAMES OF ALL PERSONS DISMISSED, SUSPENDED OR DEMOTED. No SALARY OR COMPENSATION FOR SERVICE SHALL BE PAID TO ANY PERSON IN THE CLASSIFIED SERVICE UNLESS HIS NAME HAS BEEN 50 CERTIFIED BY THE SECRETARY OF THE CIVIL SERVICE BOARD TO THE DIRECTOR OF FINANCE, NOR AFTER SUCH CERTIFICATE THAT SUCH EMPLOYEE HAS BEEN SUSPENDED OR DISMISSED. SECTION 8. APPROPRIATION. THE COUNCIL SHALL ANNUALLY SET UP IN THE BUDGET AND APPROPRIATE FUNDS NECESSARY TO CARRY OUT THE PRO- VISIONS OF THIS ARTICLE AND MAY CONFER ON THE CIVIL SERVICE BOARD. ADDITIONAL RIGHTS AND DUTIES AS THE COUNCIL DEEMS NECESSARY TO EFFECTUATE THE PURPOSE OF A CLASSIFIED SERVICE BASED ON CHARACTER, COMPETENCY AND SENIORITY, SECTION 9. DISCRIMINATION PROHIBITED. No PERSON IN THE EM- PLOY OF THE CITY, OR SEEKING ADMISSION THERETO, SHALL BE APPOINTED, DEMOTED OR REMOVED, OR IN ANY WAY FAVORED OR DISCRIMINATED AGAINST BECAUSE OF POLITICAL OR RELIGIOUS OPINIONS OR AFFILIATIONS. SECTION 10. PARTICIPATION IN POLITICAL CAMPAIGN. WITH THE' EXCEPTION OF THE MEMBERS OF THE COUNCIL, NO PERSON IN THE EMPLOY OF THE CITY SHALL TAKE PART IN ANY POLITICAL CAMPAIGN, EXCEPPT TO CAST HIS VOTE AND PRIVATELY EXPRESS HIS OWN OPINION, AND EXCEPT HIS CAMPAIGNING FOR AN OFFICE FOR WHICH HE I5 A CANDIDATE. SECTION 11. OFFICERS AND EMPLOYEES. CANDIDACIES. EXCEPT AS PROVIDED IN THIS CHARTER, NO PERSON ELECTED 70 ANY OFFICE OF THE CITY SHALL, DURING THE TERM FOR WHICH HE WAS ELECTED, BE AP- POINTED TO ANY OTHER OFFICE OR POSITION IN THE SERVICE OF THE CITY, IF ANY OFFICER OR EMPLOYEE OF THE CITY SHALL FILE AS A CANDIDATE FOR NOMINATION OR ELECTION TO ANY PUBLIC OFFICE, EXCEPT TO SOME OFFICE UNDER THIS CHARTER, HE SHALL IMMEDIATELY FORFEIT EIS OFFICE OR EMPLOYMENT. -ko- REVISED 3/15/55 •lobe. 12, iusetemoo. The Conseil shall hove the oath/wisp Sad la its discretion say, to. the extent permitted by the lams it tea Peat* et lemmas, provide for group life iasarsne*, group din • shinty issuance, group accident insurance, group accidental death sod dismemberment insurance, aid group hospital, surgical sad/et medical expense insuraoce° or any one or more of such coverages, by se insurance company or companies selected by the Council, to insure for the benefit of persons other thus the policy holder ' either s11 of the regular fall time employees of the City, or all of say *lass or classes of regular full time employees of the City, determined by conditions pertaisiag to their employment, with the premiums for the policy or policies to be paid either (i) by the policy holder wholly from funds contributed by the insured employees to be deducted from the employees° salaries when authorized in writing by the respective employees so to do, or (ii) by the policy . holder partly from funds contributed by the insured employees to be deducted from the employees° salaries when authorized in oritisq by the respective employees so to do and partly paid or contributed by the City out of current revenues of the City; provided, however, any and all group insurance contracts effected pursuant to the pro- visions of this section shall conform and be subject to all the previsions of laws of the State of Texas now or hereafter enacted concerning such group insurance coverages procured by as lacer- ' posited city. Section 13. Removal. Nothing elsewhere is this Charter cos - taiaed shall be construed as authority for the Council to.remove any officer or employee in the Classified Service of the City. ANSWER D YES -a- REVISED 3/15/55 PROPOSITION NUMBER 18 SHALL THE CHARTER OF THE -CITY OF CORPUS CHRISTI BE AMENDED BY ADOPTING A SECTION TO BE KNOWN AS "SECTION 20" OF ARTICLE 11,'SUCH NEW SECTION 20. OF SAID ARTICLE TO READ AS FOLLOWS: - SECTION 208 LEASES OF LAND OR INTERESTS IN LAND FOR OIL, GAS OR MINERALS. IN THE MAKING OF ANY OIL, GAS OR MINERAL LEASE CONCERNING ANY LANDS OR MINERAL LEASE CONCERNING ANY LANDS OR MINERAL INTEREST BELONGING TO THE CITY, THE FOLLOWING PROCEDURE SHALL BE FOLLOWED: THE CITY COUNCIL SHALL CAUSE NOTICE OF ITS INTENTION TO LEASE ANY SUCH LANDS OR MINERAL INTERESTS, DESCRIBING THE SAME, BY PUBLICATION OF SUCH NOTICE IN SOME NEWSPAPER PUBLISHED IN THE COUNTY, HAVING A GENERAL CIRCULATION THEREIN, ONCE A WEEK FOR A PERIOD OF THREE (3) CONSE- CUTIVE WEEKS, DESIGNATING THE TIME AND PLACE AFTER SUCH PUBLICATION WHERE THE CITY COUNCIL WILL RECEIVE AND CONSIDER BIDS FOR OIL, GA5 OR MINERAL LEASES THEREON. IN CALLING FOR BIOS FOR ANY SUCH LEASE OR LEASES, THE CITY COUNCIL, IN ITS DISCRETION, MAY SPECIFY: - (1) A FIXED ROYALTY, FIXED RENTALS AND A FIXED PRODUCTION PAYMENT OR OVERRIDING ROYALTY, WITH THE AWARD OF THE LEASE OR LEASES TO BE MADE TO THE BIDDER WHO OFFERS THE GREATEST AMOUNT OF CASH BONUS IN ADDITION TO THE FIXED ROYALTY, RENTALS AND PRODUCTION PAYMENT OR OVERRIDING ROYALTY SO SPECIFIED; OR (2) THE AMOUNT OF THE CASH BONUS TO BE PAID FOR ANY SUCH LEASE OR LEASES AND A MINIMUM ROYALTY, AND AWARD ANY SUCH LEASE OR LEASES TO THE BIDDER WHO OFFERS': THE CASH BONUS SPECIFIED AND THE GREATEST ROYALTY RENTALS, PRODUCTION PAYMENT OR OVERRIDING ROYALTY IN EXCESS OF THE MINIMUM ROYALTY SO SPECIFIED: THE CITY COUNCIL ON THE DATE SPECIFIED IN SUCH NOTICE SHALL RECEIVE AND CONSIDER ANY AND ALL BIOS SUBMITTED FOR THE LEASING OF SAID LANDS OR INTERESTS THEREIN PROPOSED TO BE LEASED AND SHALL AWARD THE LEASE OR LEASES TO THE HIGHEST AND BEST BIDDER SUBMITTING A BID FOR EACH LEASE ON THE BASIS PRESCRIBED IN SAID NOTICE; PROVIDED, HOWEVER, THAT (5) NO SUCH LEASE SHALL PROVIDE FOR A ROYALTY OF LESS THAN ONE-EIGHTH (1/8) OR EXTEND FOR A PRIMARY TERM IN EXCESS OF TEN (10) YEARS FROM THE DATE OF ITS EXECUTION AND AS LONG THEREAFTER AS PRODUCTION IS OBTAINED OR DRILLING OR REWORKING OPERATIONS, AS DEFINED IN ANY SUCH LEASE, ARE CONDUCTED; (e) IN NO EVENT SHALL THE CITY COUNCIL BE REQUIRED TO AWARD ANY SUCH LEASE OR LEASES TO THE HIGHEST BIDDER THEREFOR IF THE CITY COUNCIL. SHALL DETERMINE IN ITS DISCRETION THAT SUCH BIDDER 15 NOT FINANCIALLY ABLE 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 JUDGMENT OF THE CITY COUNCIL NO 81D 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 BIDS ON SUCH TRACT OR INTEREST AND AGAIN CALL FOR BIDS THEREON ON EITHER BASIS SET OUT ABOVE, WITH THE PROCEDURE THEREFOR PRESCRIBED ABOVE TO BE FOLLOWED. - - • IN NO EVENT SHALL ANY LEASE BE AWARDED TO ANY PERSON, FIRM 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 HEREIN SPECIFIED HAVING BEEN FOLLOWED THE SAME SHALL BE VOID AND OF NO FORCE AND EFFECT. s ir7 0/V -43- REVI5eD 3/15/55 PROPOSITION NUMBER 19 SHALL THE CHARTER OF THE CITY OF CORPUS CHRISTI BE AMENDED By ADOPTING AND ADDING TO SECTION 5 OF ARTICLE II THE FOLLOWING: IN ADDITION TO AND NOT IN SUBSTITUTION FOR ANY OTHER ACQUISITIONS PROCEDURE PROVIDED BY LAW OR BY THIS CHARTER, THE CITY SHALL HAVE THE RIGHT AND POWER TO ACQUIRE ANY PUBLIC UTILITY, PUBLIC UTILITY SYSTEM, OR ANY PORTION THEREOF UNDER THE POWER OF EMINENT DOMAIN OF THE CITY; AND SUCH ACQUISITION UNDER POWER OF EMINENT DOMAIN MAY BE EXERCISED AS FOLLOWS: 1. No PROPERTY SHALL BE TAKEN WITHOUT ADEQUATE COMPENSATION BEING MADE, UNLESS BY THE CONSENT OF THE OWNER AND WHEN TAKEN SUCH COM- PENSATION SHALL BE FIRST MADE, OR SECURED BY A DEPOSIT OF MONEY, IF THE AMOUNT OF COMPENSATION SHALL NOT BE AGREED UPON, THE CITY COUNCIL SHALL CAUSE TO BE PREPARED ON BEHALF OF THE CITY A STATEMENT IN WRITING CONTAINING A DESCRIPTION OF THE PARCEL OR PARCELS OF PROPERTY SOUGHT TO BE TAKEN, THE NAMES OF THE OWNER OR OWNERS THEREOF, IF KNOWN. THE STATEMENT 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 IS SITUATED; OTHERWISE, WITH THE COUNTY JUDGE OF SUCH COUNTY. UPON FILING THE STATEMENT THE JUDGE SHALL FORTHWITH, IN TERM, TIME OR VACATION, APPOINT A COMMISSION CONSISTING OF THREE (3) DISINTERESTED PERSONS, AT LEAST TWO (2) OF WHOM SHALL BE LICENSED ENGINEERS IN THE SCIENCE OF CIVIL ENGINEERING, AND ALL THREE OF WHICH COMMISSIONERS SHALL BE FREE HOLDERS OF SAID COUNTY AND QUALIFIED VOTERS, AND SAID COMMISSIONERS SHALL ASSESS THE DAMAGES TO ACCRUE TO SAID OWNERS, OR OTHER INTERESTED PARTIES, BY REASON OF CONDEMNATION OF SAID PROPERTY. 2. IN EVENT OF THE DEATH, DISABILITY, REFUSAL TO ACT, INCAPACITY FOR ANY REASON, OR ABSENCE FOR MORE THAN THIRTY DAYS FROM SAID COUNTY OF ANY COMMISSIONER APPOINTED, AT ANY TIME, THE JUDGE SHALL FORTHWITH APPOINT A NEW COMMISSIONER OR COMMISSIONERS HAVING THE QUALIFICATIONS HEREIN PRESCRIBED, WHO SHALL SUCCEED TO AND EXERCISE ALL THE POWERS AND DUTIES OF THE COMMISSIONER OR COMMISSIONERS ORIGINALLY APPOINTED, AND VACANCIES SO CAUSED IN SAID COMMISSION SHALL BE SO FILLED BY THE JUDGE WHENEVER THEY OCCUR. BUT ALL PRO= CEEDONGS OF SAID COMMISSIONERS PRIOR TO SAID VACANCY SHALL BE VALID AND IT SHALL NOT BE NECESSARY FOR THE COMMISSIONERS THEN QUALIFIED AND ACTING TO AGAIN DO ANY ACT OR TAKE ANY PROCEEDING ALREADY DONE OR PERFORMED, BUT SAID COMMISSIONERS SHALL PROCEEU AFTER THE FILLING OF SAID VACANCY AND TAKE ALL STEPS AND DO ALL THINGS PROVIDED TO BE DONE HEREUNDER AS IF NO SUCH VACANCY HAD OCCURRED. REVISED 3/15/55 3. THE CITY SECRETARY, OR RECORDING OFFICER OF THE CITY, OR THE SAID COMMISSION ITSELF, SHALL GIVE WRITTEN NOTICE TO THE OWNERS OF PROPERTY PROPOSED TO BE TAKEN OR DAMAGED AND TO ALL PERSONS HAVING ANY INTEREST IN OR LIEN UPON SAID PROPERTY,, OF A HEARING BEFORE SAID COMMISSION, WHICH NOTICE SHALL STATE THE TIME AND PLACE OF HEARING, AND MAY CONTAIN A BRIEF STATEMENT OF THE NATURE AND EXTENT OF THE PROPOSED IMPROVEMENT, AND A DESCRIPTION OF THE PROPERTY PROPOSED TO BE TAKEN; SUCH DESCRIPTION MAY BE BY LOT AND BLOCK NUMBER, FRONT FEET, THE NAME OF THE OWNER OR OWNERS, OR BY ANY OTHER DESCRIPTION WHICH WILL SUBSTANTIALLY IDENTIFY SAID PROPERTY. NOTICE OF SAID HEARING SHALL BE GIVEN BY PUBLICATION IN A NEWSPAPER OF GENERAL CIRCULATION IN THE COUNTY IN WHICH THE PROPERTY IS SITUATED, NOT LESS THAN THREE SEPARATE DAYS, THE FIRST PUBLICATION TO BE NOT LESS THAN TEN DAYS PRIOR 70 THE DATE OF HEARING. NOTICE BY PUBLICATION SHALL BE VALID AND BINDING UPON THE REAL AND TRUE OWNERS OF PROPERTY AND ALL PERSONS HAVING AN INTEREST IN OR LIEN UPON THE SAME, iF IT SHALL GENERALLY NOTIFY THEM 70 APPEAR AND BE HEARD, WITHOUT SPECIFICALLY DESIGNATING SAID PARTIES BY NAME, AND NO ERROR OR MISTAKE IN THE NAME OF ANY PERSON TO WHOM SAID NOTICE IS DIRECTED SHALL INVALIDATE THE SAME. SAID NOTICE SHALL ALSO BE SERVED BY DELIVERING TO SAID OWNERS, LIENHOLDERS, OR INTERESTED PARTIES, IF RESIDENTS OF THE .COUNTY WHERE SAID PROPERTY IS SITUATED, OR TO THEIR AGENT OR ATTORNEY, OR OF A M:NO7 TO THE GUARDIAN THEREOF, A COPY OF SAID NOTICE. THE PERSON SERVING SAID NOTICE SHALL MAKE AND FILE WITH THE CLERK, SECRETARY OR RECORDING OFFICER OF THE CITY A RETURN IN WRITING THEREON, STATING WHEN AND HOW HE SERVED SAID NOTICE. THE CITY COUNCIL MAY PROVIDE FOR OTHER AND ADDITIONAL NOTICE, BUT NOTICE BY PUBLICATION SHALL IN ALL CASES BE VALID AND BINDING, WHETHER OTHER NOTICE IS GIVEN OR NOT. THE CITY COUNCIL MAY PROVIDE FOR AND CAUSE TO BE GIVEN, IN ACCORDANCE WITH DUE PROCESS OF LAW, ANY OTHER AND ADDITIONAL NOTICE OF ANY OTHER HEARING WHICH MAY BECOME OR BE DEEMED NECESSARY UPON THE VACATION OF THE OFF:10E OF A COMMISSIONER AND APPOINTING OF A NEW ONE, DR FOR ANY OTHER • REASON, AND TO PROVIDE FOR SUCH HEARINGS AND THE NATURE AND EFFECT THEREOF, AND TO CAUSE AS MANY AND DIFFERENT HEARINGS TO BE HELD IN THE COURSE OF CONDEMNATION PROCEEDINGS AS MAY BE DEEMED NECESSARY. SAID NOTICES, AND THE RETURN THEREON, SHALL BE FILED WITH THE CITY AND PRESERVED IN ITS RECORDS.. 4. BEFORE PROCEEDING WITH SAID 010430NGS THE CITY SHALL CERTIFY By CERTIFICATE EXECUTED BY !TS MAYOR AND CITY COUNCIL THAT THE CITY HAS AVAILABLE :' :Ni ITS TREASURY SUFFICIENT FUNDS EXPENDABLE FOR THE PURPOSE OF ACQUIRING THE PROPERTY 5OUGHT TO BE ACQUIRED, AND NOT OTHERWISE APPROPRIATED, IN AN AMOUNT EQUAL 70 THE LOWEST AMOUNT NAMED BY THE OWNERS OF THE UTILITY SYSTEM SOUGHT TO BE ACQUIRED, OR THE PORTION THEREOF SOUGHT TO BE ACQUIRED, AND IN THE EVENT NO VALUE WAS PLACED BY SAID OWNERS OF SAID UTILITY REVISED 3/15/55 SYSTEM ON SAID PROPERTY, THEN THE CERTIFICATE SHALL SHOW THE AVAILABILITY OF AN AMOUNT EQUAL TO THE VALUATION PLACED ON SAID PROPERTY BY A VALUATION ENGINEER OR FIRM. IN ALL CASES THE VALUE 70 BE USED SHALL BE THE AMOUNT WHICH WILL PROVIDE ADEQUATE COMPENSATION FOR THE PROPERTY TO BE TAKEN, DAMAGED OR DESTROYED, OR APPLIED TO PUBLIC USE BY THE ACQUISITION ON THE PART OF THE CITY OF TN". 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 LIENHOLDERS SHALL HAVE THE RIGHT TO APPEAR AT SAID HEARINGS IN PERSON OR BY AGENT OR ATTORNEY, AND BE HEARD A5 TO THE VALUE OF PROPERTY PROPOSED TO BE TAKEN OP AS TO THE DAMAGES TO PROPERTY NOT TAKEN, RESULTING FROM THE IM- PROVEMENT, OR 45 TO THE LEGALITY OR REGULARITY OF THE PROCEEDINGS OR ANY RIGHT CI SAID OWNERS AND OTHER PARTIES. ALL OBJECTIONS OR CONTESTS SHALL BE IN WRITING AND FILED WITH SAID COMMISSION. WHEN ALL PARTIES HAVE BEEN HEARD THE COMMISSION SHALL CLOSE THE HEARING ANO FIND THE DAMAGES DUE OWNERS, LIENHOLDERS, OR OTHERS INTERESTED, FOR PROPERTY TAKEN OR DAMAGED, AND SHALL IN THEIR FINDINGS APPORTION BETWEEN THEM THE AMOUNTS PAYABLE TO EACH AND SHALL DATE AND SIGN A REPORT IN WRITING, IN DUPLICATE. ONE OF WHICH REPORTS SHALL BE FILED WITH THE CITY SECRETARY OR RECORDING OFFICER OF THE CITY, AND ONE WITH THE CLERK OF THE COURT BY WHOSE JUDGE THE COMMISSION WAS APPOINTED, 6. ALL PROCEEDINGS OF THE CITY COUNCIL WITH REFERENCE TO SUCH CONDEMNATION, AS WELL AS ALL NOTICES ISSUED IN CONNECTION THERE- WITH, RETURNS THEREOF, ORDERS, REPORTS, AND OTHER. PROCEEDINGS OF THE COMMISSION„ ANO CERTIFIED COPIES OF ALL ORDERS OR PRO- CEEDINGS OF ANY JUDGE OR COURT WITH REFERENCE THERETO, MAY BE !RECORDED IN INC MINUTES OF SAID CITY COUNCIL, AND SAID RECORD, OR CERTIFIED COPIES THEREOF AND THE ORIGINAL SHALL BE PRIMA FACIE EVIDENCE OF THE TRUTH OF ALL FACTS THEREIN RECITED. 7. ANY PARTY AFFECTED BY THE DECISION OF SAID COMMISSION WHO SHALL BE DISSATISFIED THEREWITH, SHALL, WITHIN TEN DAYS AFTER THE FILING, OF SAID REPORT WITH SAID JUDGE, °<uvF IN HIS COURT IN OPPOSITION THERETO, SETTING FORTH IN WRITING THE PARTICULAR CAUSE OR CAUSES OF OBJECTION, AND THEREUPON THE ADVERSE PARTY ON PARTIES SHALL BE COVED AND SAID CRUSE SHALL BE TRIED ANO DECIDED AS OTHER CIVIL CAUSES IN SAID COURT, IF NO OBJECTIONS ARE FILED WITH 5 &,ODr JUDGE WITHIN SAID TIME, HE SHALT CAUSE THE SAID REPORT TO BE ENTERED IN THE MINUTES OF HIS COURT AND MAKE. THE SAME THE dUDGMENY THEREOF, AND MAY ISSUE THE NECESSARY PROCESS 70 ENFORCE THE SAME, -416 REVISED 3A5V55 = 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 COMMISSIONERS 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 SHALL 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 THE PROPERTY SOUGHT TO BE CONDEMNED, PENDING LITIGATION, IT MAY D0 50 AT ANY TIME AFTER THE AWARD OF THE COMMISSIONERS, 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 1S..MADE OF THE AMOUNT OF SAID AWARD AND COSTS, THERE SHALL RE AN ADJUSTMENT AS MAY BE DETER- MINED BY A CERTIFIED PUBLIC ACCOUNTANT'S 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 15 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 i 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 XIV, SUCH NEW ARTICLE TO READ AS FOLLOWS, ARTICLE XIV` `SECTION 16 EFFECT OF CHARTER ON EXISTING LAW.' ALL ORDINANCES, RESOLUTIONS, RULES AND REGULATIONS NOW IN FORCE UNDER THE CITY GOVERNMENT AND NOT IN CONFLICT MOTH THE PROVISIONS OF ANY AMENDMENT TO THIS CHARTER SHALL REMAIN IN FORCE UNDER SUCH AMENDMENT UNTIL ALTERED, AMENDED, OR REPEALED BY THE COUNCIL AFTER SUCH AMENDMENT TO THIS CHARTER TAKES EFFECT. ALL RIGHTS OF THE CITY UNDER EXISTING FRANCHISES AND CONTRACTS AND ALL EXISTING AUTHORITY FOR THE ISSUANCE OF BONDS, NOT IN CONFLICT WITH THE PRO.. VISIONS OF ANY AMENDMENT TO THOS CHARTER, SHALL BE PRESERVED IN FULL FORCE AND EFFECT.. - ,SECTION 2. CONSTRUCTION OF CHARTER. THIS CHARTER SHALL NOT BE CONSTRUED AS A MERE GRANT OF ENUMERATED POWERS, BUT SHALL BE CONSTRUED AS A GENERAL GRANT OF POWER AND AS A LIMITATION OF POWER ON THE GOVERN.. MENT OF THE CITY OF CORPUS CHRISTI IN THE SAME MANNER AS THE CONSTITUTION OF TEXAS IS CONSTRUED AS-A LIMITATION ON THE POWERS OF THE LEGISLATURE. EXCEPT WHERE EXPRESSLY PROHIBITED BY THIS CHARTER, EACH AND EVERY POWER UNDER ARTICLE XI, SECTION 5 OF THE CONSTITUTION OF TEXAS, WHICH ET WOULD BE COMPETENT FOR THE PEOPLE'OF THE CITY OF CORPUS CHRISTI TO EXPRESSLY GRANT TO THE CITY, SHALL BE CONSTRUED TO BE GRANTED TO THE CITY BY THIS CHARTER. SECTION 3. JUDICIAL NOTICE. THIS CHARTER SHALL BE DEEMED A PUBLIC ACT, MAY BE READ IN EVIDENCE WITHOUT PLEADING OR PROOF, AND JUDICIAL NOTICE SHALL'BE TAKEN THEREOF ON ALL COURTS AND PLACES. SECTION 4. SEPARABILITY CLAUSE. IF ANY SECTION OR PART OF A SECTION OF THIS CHARTER 15 HELD TO BE INVALID OR UNCONSTITUTIONAL BY A COURT OF COMPETENT JURISDICTION, THE SAME SHALL NOT INVALIDATE OR IMPAIR THE VALIDITY, FORCE, OR EFFECT OF ANY OTHER SECTION OR PART OF A SECTION OF THIS CHARTER. No, `SECTION 5. REARRANGEMENT AND RENUMBERING. THE COUNCIL SHALL HAVE THE POWER, BY ORDINANCE,, TO RENUMBER AND REARRANGE ALL ARTICLES, SECTIONS AND PARAGRAPHS OF THIS CHARTER OR ANY AMENDMENTS THERETO, AS IT SHALL DEEM APPROPRIATE, AND UPON THE PASSAGE OF ANY SUCH ORDINANCE A COPY THEREOF, CERTIFIED BY THE CITY SECRETARY, SHALL "BE FORWARDED TO THE SECRETARY OF STATE FOR FILING. ANSWER -48- LJ a YES NO AND WHEREAS, IT APPEARS THAT THE REQUIREMENTS OF THE LAW AS TO MAILING COPIES OF THE PROPOSED AMENDMENTS TO THE QUALIFIED VOTERS, THE GIVING OF PROPER NOTICE OF THE COUNCIL'S INTENTION TO PASS AN ORDINANCE SUBMITTING SAID AMEND- MENTS, AND ALL REQUIREMENTS OF THE LAW RESPECTING THE SUBMISSION OF AMENDMENTS OF A CITY CHARTER TO THE QUALIFIED VOTERS WERE IN ALL RESPECTS LAWFULLY AND PROPERLY PERFORMED AND EXECUTED; AND WHEREAS, NOTICE OF SAID ELECTION WAS ACCORDINGLY GIVEN AS REQUIRED BY LAW, AND AS DIRECTED IN THE ORDINANCE CALLING THE ELECTION, AS IS SHOWN BY AFFIDAVITS PROPERLY FILED IN THE OFFICE OF THE CITY SECRETARY: AND WHEREAS, SAID ELECTION WAS DULY AND LEGALLY IIELD ON THE 21ST DAY OF MAY, 1955, IN CONFORMITY WITH THE ELECTION ORDINANCE HERETOFORE PASSED BY THIS COUNCIL AND THE RESULT OF SAID ELECTION HAS BEEN DULY CERTIFIED AND RE- TURNED TO THIS COUNCIL BY THE PROPER JUDGES AND CLERKS THEREOF; AND WHEREAS, THIS COUNCIL HAS CANVASSED THE RETURNS OF SAID ELECTION ON THE PROPOSITIONS HEREINABOVE STATED, WHICH WAS HELD ON THE 21sT DAYOF MAY, 1955; AND WHEREAS, IT APPEARS TO THE COUNCIL AND THE COUNCIL 50 FINDS THAT SAID ELECTION WAS IN ALL RESPECTS LAWFULLY HELD AND SAID RETURNS-DULY AND LEGALLY MADE, AND THAT THERE WERE CAST AT SAID ELECTION THE FOLLOWING VOTES; CORPUS CH RI $71y TEXAS TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS GENTLEMEN; -- , 1955 FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPEN- SION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SHALL 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, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: FARRELL Ds SMITH MINOR CULLI W. J. ROBERTS B. E. BIGLER MANUEL P. MALDONADO THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: FARRELL D. SMITH MINOR CULLI W. J. ROBERTS B. E. BIGLER MANUEL P. MALDONADO D,1 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT EACH AND ALL OF THE PROPOSITIONS AMENDING THE CITY CHARTER OF THE CITY OF CORPUS CHRISTI WERE SUSTAINED DY A MAJORITY OF THE LEGALLY QUALIFIED VOTERS IN SAID CITY, VOTING IN SAID ELECTION HELD ON THE 21sT DAY OF MAY, 1955, IN ACCORDANCE WITH THE ORDINANCE CALLING SAID ELECTION ADOPTED ON THE 23R0 DAY OF MARCH, 1955, AND THE ABOVE AND FOREGOING PROPOSITIONS AND THE TABULATION OF VOTES CAST AT THE ELECTION ON SAID PROPOSITIONS ARE HEREBY ADOPTED AND THE SAID AMENDMENTS ARE DECLARED ADOPTED AND PLACED IN FULL FORCE AND EFFECT AS AMENDMENTS TO AND PART OF THE CITY CHARTER OF THE CITY OF CORPUS CHRISTI, IN ACCORDANCE WITH THE SAID PROPOSITIONS 50 VOTED ON AT SAID ELECTION. SECTION 2. THE FACT THAT SUCH AMENDMENTS ARE ADOPTED BY A MAJORITY OF THE VOTERS VOTING THEREON, AND EVIDENCE AND INTENTION ON THE PART OF THE QUALIFIED VOTERS TO CHANGE BY AMENDMENT THE CHARTER OF THE CITY OF CORPUS CHRISTI, CREATES A PUBLIC EMERGENCY AND PUBLIC IMPERATIVE NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESO- LUTION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR HAVING DECLARED IN WRITING THAT SUCH CHARTER RULE BE SUSPENDED, AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND DE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED. PASSED AND APPROVED, THIS Z.I DAY OF MAY, 1955. MAYOR ATT CITY TAR APP OVED AS:TO LEGAL FORM: THE CITY OF CORPUS CHRISTI, TEXAS CITY ELECTION -- CHARTER AMENDMENT -- CITY OF CORPUS CHRISTI, TEXAS }AY 21, 1955 ?EC1 N No. 2 No. 3 No. 4 No. Yes No Yes No Yes No. 6 No . 7 No. 8 No. 9 No. 1© No.11 No.12 No.13 No. 14 No. 1.5 14o.16 Igo. 1T No. 1.8 No. 19 No. 20 Yes No Yes No Yes No Yes No .. Yes Na Yes No Yes No Yes No Yes 11111111111 •mc .,�b ; y � a •z =1 /„ -��' � � � WI 11111111 _ . _ Elvin !PI 11111115111,1 1111WIIM fil Inman 111 Ell VIA/4 Fil FAMEM, INFIIIIIIM F11111111 IIIIIIIIMEM filfillififfiriira MillISINIIII FA 11111Pilli 11/11111111111FIAINVEI NI IMF/ !A 1111111111W1 Fall IC Vigil/II II. 111111111111111/1111ffillinfaillillifil 111 111111111111Mil Efil a Eiffill LM FAa iiiiiii iii ii M f 111111111A WHIM 6 as i 0 MEIN o is II /a 6 NE NME MIEMB1111111111 111111MM 1111/1111111111111211 MIEN EEO II FAllifilirillIBIAME NI MEEM MOM 111WINAME MO MENISMINEI EERIE ri. M EINEM EMEIMME1111111 MINE EMI Nonni !swim Z g /o z EN rilE id / 3.6 l/0 II to s la d ! 30 EFAMM E /D Wil M S6 ' /4 W11/1 NM FINN MIM M ME 1�s ao � 6 �dz��;z1 6! �3 - fy `�f� �� II G3 IU MEI] fliffiE MEEFIR 1111FAVA 111 !Effie NI /6v Fli Aso ors � z � � �s � � iii .�s r66 z� � o ME �sq II id � 0 i.z7 !!!I � t i3b za ii.� 5�0 Th im .Z a; � � � � ' z 3 2 � I� , .? .c z 2l �� - /6 3/ 'FAMMNIIMIS FIEINIE ME Inn= fill /s "� �� 1 �y !ids �b i� i6/ �� /�a7:� /s � 30 /7e � /!�%.�/ /�', o? //° 11 /20 FAN FfirAM MffilliN N II 1112111F11 WI Mr/ 111111111 RI FM fi M 6 t IS BIM Fil FAN Ft Fffl FA � in � � nil �CvJ "�' d/ dJ .�. •moo <Ua �ri:�V .cam .cs•. _�,r f✓.. .., ..iQ 111r 2� 67r JZ �/ 2� 'f0 .2 �d��b6 �f6.� �� /J '� /Gj FAME 1111 N 111111111 IMO 11111111M M ffi 3Q NM M ME 11111111 �i II IIMMERE ENIMIEM NIII Yes No es TO' ti -LS .2" 3 4 6 ROBERT DRISCOLL SCHOOL LEOPARD STREET FIRE STATION CHURCH OF GOOD SHEPHERD ANNEX 9 GEORGE W. WIGGINS HOME 10 12 13 15 16 17 18 DEL MAR CO AUDITORIUM ELIZABETH STREET SCHOOL ST. Al ►RKS PARISH HALL 19 LINDALE REC2. HALL 20 21 22 SA11 IHOUSTON SCHOOL S, S. CYRIL & 1#'ET[IODIUS SCHOOL CARROLL LANE SCHOOL PARKWAY YLt SrY. 23 CHURCH 24 25 26 27 4)