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HomeMy WebLinkAbout1972-0805 - Ordinance - 02/28/1972ORDINANCE NO. 805 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, ORDERING THE SUBMISSION OF FIVE AMENDMENTS TO THE CITY CHARTER OF THE CITY OF COLLEGE STATION, TEXAS, AT A GENERAL MUNICIPAL ELECTION ON TUESDAY, APRIL 4, 1972; PROVIDING FOR NOTICE OF THE ELECTION, POLLING PLACES AND JUDGES; PRESCRIBING THE FORM OF BALLOT; AND DE- CLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: SECTION 1. That an amendment to the existing Charter of the City of College Station, Texas, be submitted by the City Council of the City of College Station, Texas, to the electorate of the City of College Station, Texas, at the general municipal election on Tuesday, April 4, 1972, so as to amend Article I, Section 3, of said Charter to read as follows: The bounds and limits of the City of College Station are hereby established and described as follows: Beginning at an iron pin which is the most westerly corner of the Boyett Addition to the City of College Station. Said point being in the easterly right -of -way line of the Old Highway 6 and said point also being in the common city limits lines of the City of Bryan and the City of College Station. Thence with the said city limits line of the City of Bryan and across the right-of- ways of the Southern Pacific Railroad and I & G. N. Railroads for a distance of 264.0 feet in a Southwesterly direction to a point for corner. Said point being in the westerly boundary of the Southern Pacific Railroad right -of -way. Thence along the westerly boundary of the Southern Pacific Railroad right -of -way a distance of 5, 230 feet, N 37 40' W, to a point. Thence a distance of 1, 567.0 feet, S 45 W, to a point. Thence a distance of 2, 129.0 feet, N 44 30' W to a point. Thence a distance of 2,428. 0 feet, S 46 W to a point. Thence a distance of 519.0 feet, S 20 40' W to a point. Thence a distance of 627. 0 feet, S 1 50' W to a point. Thence a distance of 657.0 feet, S 9 50' E to a point. Thence a distance of 667.0 feet, S 5 10' E to a point. Thence a distance of 716.0 feet, S 26 15' E to a point. 1 , . Ordinance No. 805 Page 2 Thence a distance of 2510.0 feet, S 44 25' W to a point; Thence a distance of 2683.0 feet S 45 E to a point, said point being in the north right -of -way line of the F and B Road; Thence a distance of 625 feet (plus or minus) N 45 E along the north right -of -way of the F and B Road to a point, said point being 500 feet S 45 W of the west right -of -way line of Farm to Market Road 2818; Thence in a southeasterly direction along a line 500 feet from and parallel to the various concrete control monuments in the west right -of -way line of Farm to Market Road 2818, to a point, said point being 500 feet northwest of a concrete right -of -way marker in the north right -of -way line of Farm to Market Road 60; Thence S 45 E a distance of 500 feet to the said concrete right -of -way marker in the north right -of -way line of Farm to Market Road 60; Thence S 22 E a distance of 105 feet to a concrete right -of -way marker in the southeast right -of -way line of Farm to Market Road 60; Thence in a southeasterly direction along and with the southeast right -of -way line of Farm to Market Road 60 a distance of 6, 512 feet to a point, said point being a corner of the Texas A &M University tract containing Easterwood Airport; Thence a distance of 2,160 feet (plus or minus) S 45 E to a point in the center of a creek; Thence in a southerly direction with the meanders of said creek a distance of 1,100 feet (plus or minus) to a point in the center of said creek; Thence a distance of 550 feet (plus or minus), S 45 E to a point; Thence a distance of 2, 704.0 feet S 45 W to a point; Thence a distance of 5, 236.0 feet, S 44 30' E to a point in the center of a creek; Thence in a southerly direction a distance of 5, 850 feet (plus or minus) with the meanders of said creek to a point in the center of said creek; Thence a distance of 4, 014. 0 feet, N 60 E to a point; Thence a distance of 254.0 feet, S 49 50' E to a point; Thence a distance of 5, 820. 0 feet, N 45 50' E to a point; Thence a distance of 677. 0 feet, S 45 E to a point; Thence a distance of 3,761. 0 feet, N 45 E to a point on the west right -of -way line of Hrdlicka Road; n ,, 1L Q Ordinance No. 805 Page 3 Thence a distance of 2, 562.0 feet (plus or minus), along the right -of -way line of Hrdlicka Road N 45 W to a point for corner; Thence S 70 0 09' E a distance of approximately 280 feet to a point, said point being S 11 41' W a distance of 500 feet from a concrete marker located at station 334 + 14.7 of Farm to Market Road 2818; Thence in a southeasterly direction along a line 500 feet from and parallel to the south right -of -way line of Farm to Market Road 2818 to a point, said point being S 6 42' W a distance of 500 feet from a concrete right -of -way marker at the intersection of the south right -of -way line of Farm to Market Road 2818 and the east right -of -way line of the Southern Pacific Railroad; Thence S 31 41' E a distance of approximately 1, 200. 0 feet to a point, said point being 500 feet southwest of the west right -of -way line of the Southern Pacific Railroad; Thence N 45 49' E a distance of approximately 790 feet to a point, said point being a concrete marker at the intersection of the south right -of -way line of Farm to Market Road 2818 and the east right -of -way line of Farm to Market Road 2154, said point being further described as being at station 150 + 32.0 of Farm to Market Road 2154; Thence in a northeasterly direction a distance of approximately 1,100 feet to a point, said point being in a line parallel to and 500 feet southeast of the southeast right - of -way line of Farm to Market Road 2818 at a concrete marker located at station 455 + 31.2 of said Farm to Market Road; Thence in a northeasterly direction along a line parallel to and 500 feet southeast of the southeast right -of -way line of Farm to Market Road 2818, to a point for corner, said point being 500 feet southeast of a concrete right -of -way marker in said right -of- way line at station 531 + 00 of said Farm to Market Road; Thence due east a distance of approximately 1, 090 feet to a point, said point being 600 feet southwest of the northeast right -of -way line of State Highway 6; Thence in a southeasterly direction a distance of approximately 4, 505 feet, along a line parallel to and 500 feet southwest of the revised southwest right -of -way line of State Highway 6 to a point for corner; Thence N 52 47' E a distance of 185.7 feet to a point, said point being 314.2 feet S 52 47' W of the revised southwest right -of -way line of State Highway 6; Thence S 37 13' E a distance of 767.1 feet to a point for corner; Thence N 46 00' E a distance of 363.2 feet to a point for corner, said point being in the southwest right -of -way line of State Highway 6; Thence N 37 13' W a distance of 605.2 feet along the southwest right -of -way w line of State Highway 6 to a point. Thence in a northeasterly direction approximately 880 feet to a point, said point being 500 feet northeast of a concrete right -of -way marker located at station 684 + 70.6 uN_150 Ordinance No. 805 in the east right -of -way line of State Highway 6. Page 4 Thence in a northerly direction along a line 500 feet normal from and parallel to the east right -of -way line of the State Highway 6 Bypass to a point, said point being approximately 1, 600 feet S 45 W from a pipeline; Thence N 45 00' E a distance of approximately 2, 830 feet to a point for corner; Thence N 45 00' W a distance of approximately 7, 592 feet to a point for corner; Thence S 45 00' W a distance of 4413.0 feet to a point for corner; Thence N 45 W a distance of 631.5 feet to a point for corner; Thence S 27 24' W a distance of 54. 9 feet to a point for corner; ✓� Thence N 45 W a distance of 105 feet to a point for corner; Thence N 45 E a distance of 56. 5 feet to a point for corner, said corner being the most northerly corner of the City of Bryan 0.45 acre tract described by deed filed in Volume 250, Page 369 of the Brazos County Deed Records; Thence N 45 W a distance of approximately 1,174 feet along and with the north - easterly line of the Mrs. Fannie Putz 200 acre tract to a point for corner, said point also being the most northerly corner of the said Mrs. Fannie Putz 200 acre tract; Thence S 45 W a distance of approximately 4,217 feet to a point for corner; Thence a distance of 701.5 feet, S 45 E to a point; Thence a distance of 2,102.5 feet, S 45 W to a point on the west right -of -way line of State Highway 6; Thence N 45 W along the said right -of -way line of State Highway 6 to a point in the center of a creek; Thence with the meanders of said Pin Oak Creek to a point in the center of the creek and east right -of -way line of State Highway 308; Thence along the said right -of -way line of State Highway 308 a distance of 2, 040. 0 feet (plus or minus), S 45 E to a point on the right -of -way; Thence across the right -of -way of State Highway 308 along the centerline .of Inlow Blvd. a distance of 524.6 feet, S 23 53' 45" W to a point; Thence S 31 30' W along the centerline of Inlow Blvd. a distance of 671.34 feet to a point; 02151 Ordinance No. 8d5 Page 5 Thence S 40 23 W along the centerline of Inlow Blvd. a distance of 135.63 feet to a point; Thence S 43 35' W along the centerline of Inlow Blvd. a distance of 51.05 feet to a point; Thence across the right -of -way of Inlow Blvd. a distance of 58. 8 feet, N 42 00' 30" W to a point; Thence a distance of 1, 931 feet to the west corner of the Boyett Addition on the easterly right -of -way line of Farm to Market Road 2154 to the place of beginning. The foregoing being a description by metes and bounds of the territory included within the City of College Station, Texas, at the time of its incorporation and the addi- tional territory admitted into said City thereafter by action of the City Council as pro- vided by the laws of the State of Texas. SECTION 2. That an amendment to the existing Charter of the City of College Station, Texas, be submitted by the City Council of the City of College Station, Texas, at a general municipal election on Tuesday, April 4, 1972, so as to amend Article I, Section 4, of said Charter to read as follows: Section 4. Until and unless changed as provided by this Charter, the City of College Station shall be divided into Three (3) wards for voting purposes only. Ward One shall consist of all that portion of the city now or hereafter lying west of State Highway Number 6, south of the A &M University Campus and east of the Southern Pacific Railroad. Ward Two shall consist of all that portion of the city lying east of State Highway Number 6 and south of Lincoln Avenue. Ward Three shall consist of all the A &M University lands lying within the city limits; all that area east of the Missouri Pacific Railroad, west of State Highway Number 6, and north of University Drive; all that portion of the city lying east of State Highway Number 6 and north of Lincoln Avenue; and all that area lying north of a line 500 feet south of and parallel to the south right -of -way line of Farm to Market Road 2818 from Hrdlicka Road to the Southern Pacific Railroad. SECTION 3. That an amendment to the existing Charter of the City of College Station, Texas, be submitted by the City Council of the City of College Station, Texas, to the electorate of the City of College Station, Texas, at a general municipal election on Tuesday, April 4, 1972, so as to amend Article III, Section 19, of said Charter to read as follows: n 02152__ Ordinance No. M15 Page 6 Ln Section 19. The Mayor and councilmen shall be citizens of the United States of America and qualified voters of the State of Texas; shall have resided for at least One (1) year next preceding the election, at which they are candidates, within the corporate limits of the City of College Station; and shall not be in arrears in the paying of any taxes or other liability due the City, for a period of Ninety (90) days, nor be disqualified by reason of any provision of any other section of this Charter. A member of the City Council ceasing to possess any of the qualifications specified in this section or any other section of this Charter, or convicted of a felony while in office, or who absents himself from Three (3) consecutive regular council meetings without consent of the Council, shall immediately forfeit his office. SECTION 4. That an amendment to the existing Charter of the City of College Station, Texas, be submitted by the City Council of the City of College Station, Texas, to the electorate of the City of College Station, Texas, at a general municipal election on Tuesday, April 4, 1972, so as to amend Article IX, Section 95, of said Charter to read as follows: Section 95. Any qualified person may have his name placed on the official ballot as a candidate for councilman or mayor at any election held for the purpose of electing councilmen or mayor by filing with the mayor at least Thirty (30) days prior to the date of election a sworn application in substantially the following form: do hereby certify that I am a candidate for the office of and request that my name be printed upon the official ballot for that particular office in the next city election. I am a qualified voter of the State of Texas, and am and have been a bona fide resident of the City of College Station, Texas, for at least One (1) year. I am not in arrears in the payment of any taxes or liability due the City, nor am I otherwise disqualified or ineligible to serve on the City Council if elected. I reside at Ward , College Station, Texas. Signed " Attached to and filed with the above sworn application shall be a petition to have such candidate's name placed on the official ballot, said petition having been signed by at least Twenty -five (25) qualified voters of the City of College Station. Each signer of said petition shall sign his name in ink or indelible pencil and shall indicate after his name his place of residence by street and number or other description sufficient to identify the place. The signatures need not all be appended to one paper but to each separate petition there shall be attached an affidavit of the circulator thereof that he and only he personally circulated the foregoing paper, that it bears a stated number of signatures, that all signatures appended thereto were made in his presence, and that he believes them to be the genuine signatures of the persons whose names they purport to be. Within Ten (10) days after the filing of the petition, the City Secretary shall determine whether each paper of the petition has a proper statement of the circulator and whether the petition is signed by a sufficient number of qualified electors. The City Secretary shall declare any petition paper entirely invalid which does not have attached thereto 00,:53 Ordinance No.805 Page 7 an affidavit signed by the circulator thereof. If a petition paper is found to be signed by more persons than the number of signatures certified by the circulator the last signatures in excess of the number certified shall be disregarded. If a petition paper is found to be signed by fewer persons than the number certified the signatures shall be accepted unless void on other grounds. After completing his examination of the petition, the City Secretary shall certify the result thereof and if he shall certify that the petition is insufficient, he shall set forth in his certificate the particulars in which it is defective and shall at once notify the petitioner or as the case may be the committee of the petitioner. SECTION 5. That an amendment to the existing Charter of the City of College Station, Texas, be submitted by the City Council of the City of College Station, to the electorate of the City of College Station, Texas, at a general municipal election on Tuesday, April 4, 1972, so as to amend Article X, Section 112, of said Charter to read as follows: Section 112. The recalled petition to be effective must be returned and filed with the City Secretary within Thirty (30) days after the filing of the affidavit required in Section 111 of this Article and it must be signed by qualified electors of the City, equal in number to at least Fifty -one per cent (51 %) of the total number of votes cast for the office in question at the last regular municipal election, at which city councilmen were elected; provided however that in the case of the recall of the mayor or other councilmen, the petition shall contain the signatures of at least Forty per cent (40 %) of the qualified electors of the City and shall conform to the provisions of Section 101 of this Article. rr No petition papers shall be accepted as part of a petition unless they bear the signature of the City Secretary as required in Section 111 of this Article. SECTION 6. That the aforesaid amendments shall be submitted to the qualified voters within the City of College Station, Texas, for acceptance or rejection at the general municipal election on Tuesday, April 4, 1972, following the adoption of this ordinance At such election the amendment first above set out shall be submitted under the question: "Do you favor the adoption of the amendment of the Charter of the City of College Station, Texas, which brings up -to -date the description of the boundary of the City ?" The second proposed amendment shall be submitted to the voters under the question: "Do you favor the adoption of the amendment of the Charter of the City of College Station, Texas, which brings up -to -date the description of the boundaries of the Wards of the City ?" The third proposed amendment shall be submitted to the voters under the que stion: t � Ordinance No. 805 Page 8 "Do you favor the adoption of the amendment of the Charter of the City of College Station, Texas, that would require candidates for mayor and councilmen of said City to have resided for at least One (1) year next preceding the election in which they are candidates within the corporate limits of the City of College Station ?" The fourth proposed amendment shall be submitted to the voters under the question: "Do you favor the adoption of the amendment of the Charter of the City of College Station, Texas, that would require candidates for councilmen or mayor to submit a petition signed by at least Twenty -five (25) qualified voters of the City of College Station in order to have their name placed on the official ballot, the sufficiency of said petition to be certified by the City Secretary?" The fifth proposed amendment shall be submitted to the voters under the question: "Do you favor the adoption of the amendment of the Charter of the City of College Station, Texas, which would clarify the procedure for submission of'recall petitions by eliminating any reference to wards ?" SECTION 7. Polling places shall be as follows: Ward One will be at A &M Consolidated Music Room, in said City, with L. G. Jones as Presiding Judge, and Mrs. J. N. Holmgreen, Alternate Judge, and said Presiding Judge shall appoint the necessary clerks to assist him. Ward Two will be at the College Station City Fire Station, in said City, with Mrs. George Draper as Presiding Judge, and Mrs. E. D. Parnell, Alternate Judge, and said Presiding Judge shall appoint the necessary clerks to assist her. Ward Three will be at the City of College Station Old City Hall at 101 Church Street, in said City, with W. H. Freiberger as Presiding Judge, and E. L. Harrington, Alternate Judge, and said Presiding Judge shall appoint the necessary clerks to assist him. Polls shall open at 8 :00 A.M. and close at 7:00 P.M. SECTION 8. The form of the ballot to be used in such election shall be substantially as follows: "Do you favor the adoption of the amendment of the Home Rule Charter of the City of College Station, Texas, which up -dates the description of the boundary of the City?" YES NO 04155 Ordinance No. 805 Page 9 "Do you favor the adoption of the amendment of the Charter of the City of College Station, Texas, which brings up -to -date the description of the boundaries of the Wards of the City?" YES NO "Do you favor the adoption of the amendment of the Charter of the City of College Station, Texas, that would require candidates for mayor and councilmen of said City to have resided for at least One (1) year next preceding the election in which they are candidates within the corporate limits of the City of College Station ?" YES NO "Do you favor the adoption of the amendment of the Charter of the City of College Station, Texas, that would require candidates for councilmen or mayor to submit a petition signed by at least Twenty -five (25) qualified voters of the City of College Station in order to have their name placed on the official ballot, the sufficiency of said petition to be certi- fied by the City Secretary ?" YES NO "Do you favor the adoption of the amendment of the Charter of the City of College Station, Texas, which would clarify the procedure for submission of recall petitions by eliminating any reference to wards?" YES NO SECTION 9. The City Secretary is hereby ordered and directed to give notice of the election for the submission of said amendments by publication thereof in some news- paper of general circulation in said City on the same day in each of two consecutive weeks, the date of the first publication to be not less than Fourteen (14) days prior to the date set for said election. The form of said notice shall be as prescribed by law and shall include a substantial copy of the proposed amendments. SECTION 10. The fact that the present Charter of the City of College Station provides no up -to -date description of the city boundary; provides no up -to -date description of the boundaries of the Wards of said City; does not have a residence requirement for candidates for office of mayor and city councilmen; does not require the filing of a petition by candidates for mayor and councilmen in order to get their names on the official ballot; and is not clear as to recall procedure, creates an emergency and an imperative public necessity for the suspension of any rules requiring ordinances to be read at more than One (1) reading and any such rules are hereby suspended and it 0 21% Ordinance No. 805 Page 10 is ordained that this ordinance shall take effect immediately upon its passage and approval. PASSED, ADOPTED AND APPROVED this 28th day of February, 1972. APPROVED: P � P r A.TT,.ST s Assistant City Secretary A 0' I57