The Brownsville Herald (Brownsville, Tex.), Vol. 47, No. 291, Ed. 1 Wednesday, June 7, 1939 Page: 8 of 10
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LEGAL ADVLit 1 i a LME NT
••Notice to the Legally Qualified Voters
who are Taxpayers on Property with-
l.i the tits of Brownsville. Texas
end to all thr Qualified Voters of thr
L ty of Brownsville. Texas and to
c 1 Other Persons within the City
o.* Brownsville. Texas. Regarding Cer-
tain Proposed Charter Amendments
to the Charter of the City of Browns-
ville. Texas to be Incorporated in an
Ordinance to he Passed hv the City
Crmmission of the City of Browns-
ville. Texas. Ordering and Calling a
fepeital Home Rule election to be
Held in the City of nrowtisville. Tex-
as. in Accordance with the Law t.nv-
erning the submission of such Pro-
posed Charter Amendments and such
Ordinance Containing such Propos-
ed Charter Amendments and more
Particularly in Accordance with Art-
icles 1165 to 1171 Inclusive of the
Revised Civil Statutes of the State
rf Texas. Covering Special Home
Rule Election . and Prosiding that
upon the Exriralion of Twentv days'
Notice as Provided bv said Law an
Ordinance will h« Passed bv the City
Commission of the City of Browns-
ville. Texas. Ordering and Calling
*»id Election.
Whereas it is the intention of th'
Citv comm >iuu of the City of
Brownsville. Texas on Its own motion
to submit to the qualified \oters of
rsid Citv. bv ordinance se'eral amend-
ment* to th* present City Charter of
the *ald Ctt- for adoption or rejection
by the qualified voter* of the city of
Brownsville a’ a special Horn* Rule
Election to be held for that purpose
In accordance with the provision* of
Chapter 13 of th» Revised Civil Sta-
tute* of l?25 and—or any other applic-
able law
Notice is herebv gnen thst after the
expiration of twenty dav* a* provid-
ed b- Article 1171 cf thr Re. ised Civil
S'atute- of th* State of Tcxa* of 1925.
it is the intention of the Citv Com-
nr..;-ion cf "be C:*" of Brown«rl!l*.
Texei to pa an ordinance containing
certain proposed charter am*ndmen**
hereinafter more fully i-et forth to the
Charter of the City of Brownaville
Tr .a v h;rh said propos'd charter
*mcndm*nt* aie to b* submitted at a
rrecia! Horn* Rule election to be order-
ed in accordance with Arucle* 1166 to
1171 inrlu*!’* of th* Revised Civil Sta-
tute of th* State of Texas and in ac-
cordance with the general law* of the
S at* of Texas relating to mun c oal
election and more particular!1 a* the
same gotern and control special Home
Rule r.ection"
That st such *pe ial home rul* elec-
tion there «hall be submitted certain
proposed charter amendments to be
set forth In aid ordinance for adoption
or rejection by the qualified voters of
th* City of Brownsvtl.e Texas.
That -aid proposed charter amend-
ments which will be conidered bv ih*
r • Ccmmi sion of the City of
Brownsville Tcxa and submitted bv
th* f t Commission nf the City of
Browns't’.le Texas to be mrorpora'ed
In *ald ordinal!** submit’mg the same
to a popular vot* ar* described in
general term* as follow* to-wit
PROPOSITION NtMBIR 1
Shall .section 1. of Article I of the
ex ting Charter of the Of of Rrown*-
'.!!* Tcxa* rela-ina to CORPORATE
NAME be repealed and the following
ptoposifon and prot ision be enacted
and adopted a a part of th* Charter
Cf the Citv of Browntill* to be d*-
t gnaied Section 1 of Article I there-
•f
Section I.—Incorporation and Cor-
porate Name.
The inhab.'anta of the City of
Brown-vili* Texas within the boun-
daries as now cstabi -bed or a* here-
after establish'd in rh* manner pro-
vided bv law shall continue to be a
body politic and corporate incorporat-
ed and known bv the nam* and stvi*
of the ‘City of Brownsville." with
such powers ngh’s and duties a* are
hereinafter pro' tded and all other
P«-« e-s and rtgh• s not sperificallv de-
signated n thi* Charter that are grant-
ed by thr Constitution and law* of
Te*a' * than f:- e
thousand Inhabitants
VES> NO
PROPOSITION MMRLR 2
Shall Sertion 2 of Article 1 of the
existing charter nf the Citv nf Rrownx-
t.ll* Te e relating to BOUNDARIES
b« repealed and the following propo-
aition and provision he enacted and
adopted ax a part of the charter of rh»
C.f. of Brown*nlle to he designated
a- beet .on 2 of Article I thereof
.vction 2—BOUNDARIES The bound-
a-.r> and limits of the City of Browns*
adlle shall be a* follow
R*nnnine at a point on the north
bank nf the Rio Orande River In
Cameron Country Texas where *a d
hank t intersected bv th* dividing
lire between th* United Sta-e* Militar-
Re-ert atiort. known as Fort Brown and
a tract of m 3 acres in the name of F
J Combe known a* and being Tract
No 3 in the partition of a larger tract
commonly known a- th' Pared'* Tram
which larger tract >* Share No. 19 in
the partition of the E'pintu Santo
Grant
Thetic* N 18 d*gt*e« ~9 minute* W
with *ad di'iding line 000 feet trior*
or less to a comer of said reservation
being an m-corner of *aid Tract No 0.
Thence N 42 degree*. 30 minute* E
1020 feet to th* *outhmost corner of
Ta'*dr T-act No 10.
Thence N 44 degrees 40 minute* E
578 fee* then** N 44 deg-ce- 23 min-
ute* T 731 fee' th*nc* N 41 d»gre»;
10 minutes r 621 feet th*nre N 6t
degree- 23 minu'es E 690 feet to the
r est easterly corner of Pared** Tract
No ]0
Thence N 34 deg-ee* E 14 <0 feet
tr*:* or !e to a po;nt in the bound-
ary Un* of th* r cht of wav of the St.
I BAM F" Co'« Piper Plantation
Spur which -aid po nt 1* «Hua *d a*
th- intersection of aid railroad * north
r ch* of v ay line w .th »h« w-*«tern
boundary I n* of Pa-ede* Tract No 5
Thence N f.5 degree* 14 minute* W
▼ ’th th* nor*h ngh- of wr«v itne of *a’d
St ! B A M P p ro -' P p*r Plan-
tation Spur a distance of 39;y f***
more or lr to a point where «atd
right of wgv lin* win in’ers*ct *h*
• line Of Ta--"d*x T-a*'
No 2° if said line «ete extended in
a *outherly direct on to *a.d rail war
eompanv** right of *«v;
Thence N 4 ri'grer* 24 minute* E
380 fee* along -aid extended lin- to
th* nuthra cm corner of aid Pare-
des Tract Nc 20
Th*n-'e N 4 drgre*s 34 minu*** E a
di »ance of 1310 fe»’ with the east
boundar- lmr of -aid Pared" Tract
No 20 ;o a point in the old original
Citv Limit- ] nc
Then*c S 89 degree* oa mlnu’ea W
a’eng aid o’d Cit" I .mita line ap-
prox.ma-cl 3130 feet to its in*er**ec-
tlon *ith th* west im« pf state High-
w«v No 8 otherwise known as Paredes
A- enu»
Then.'* sf.qthrr|y Along tb» we«t
lm» *f P*-ed'.s v- •mi* apprpvitna'elv
1675 f** to its intersection with th*
tc •»!i line cf I C * ax 'treet
Th»nce westerl- along the *.ou*h hne
of Las Cbmu S'r*** approximate! R iq
fe»t to th* p-*'n* of tmertertion w-»tn
the wej.* boundar' line of Colonia
M*xirana subdivision
Thence southerly along the w*«t
boundary line of Co’cnia Mexicans
subdiMsion apnrnximatel V2o feet to
Itr intersection with the south line of
a proposed 80-fcct roadw-a* extension
of Morton Road the de*rr ptlon of the
renter line of which road i» as fol
low*
“Beginning at the point where the
center line of Palm Boulevard in-
tersect* the center line of Goodrich
Avenue in the Lo* Fbano* Proper-
ties subdivision a- recorded on page
12 of Plat B^ok No 8 of the Deed
Record* of Cameron Count • Texa-
Thence N M degree* oo minute' W
along th» cen’-r line of -aid Palm
Boulevard 214 1 feet to a point of in-
terseetio i where said Palm Bouie ard
make* * o«nd to the south
Thence continuing on -aid N 89
degrees 00 minu’e* W cour-e 1987 4
feet to the point of beginning of a
4-iegree cur' e to th» right which
hav an intersecting angle of 33 de-
gree 05 minutes and a radius of
1432 7 feet;
Th-nre aloi g -aid 4-degree curve
to the right 827 1 feet to the end of
said cur e
Thence N 32 degree* 55 minute* W
499 5 feet to the point of beginning
Of a 4-degree curve to the left which
ha* an intersecting angle of 31 de-
gree* oo minutes and a radiut of
1432 7 feet.
Thence along *a:d 4-degree curve
T75 fe*t to the end of said curve at
a point on the center line of the
road along the south side of Lot
16 of B ock KK of the Brownsville
Lend A- Improvement Company's
subdivision as recorded on page 18 of
Plat Book 1. Deed Record* of Camer-
on Countv. Tcxa* said point being
N. 83 degree- 55 minutes W. 247.3
feet along said center line from the
southeast corner of *aid Lot 18. a
distance of aoprogimatelv 0 8 mile*"
Thers-e westerlv along the south
line of the ab<ve described 80-foot road
to ita connection with the Merton
LEGAL ADVERTISEMENT
Road thence following the south line
of Morton Road to Its intersection with
the center line of the Town Resaca »
total distance of approximately .'>340
feet;
Thence northwesterly along the
center line of the Town Re«.aca ap-
proximately 3200 feet to Its Intersec-
tion with the center line of a siphon
of the Cameron County Water Im-
piovement District No 7;
Thence southerly along the center
line of the above siphon approximately
400 feet to its Intersection with the
tenter line of a main concrete canal
of the Cameron County Water Im-
provement District No. 7;
I nrncf riuiik ini' rruw-i
line of the above concrete canal ap-
proximately 2450 feet to th* intersec-
tion wt*h the west right of way line
of the Missouri Pacific Railway Com-
pany's main line:
Thence southerly along the west righ'
of wav line of the Missouri Pacific
Railwav Companv approximately 4400
feet to th» point of intersection with
the present City I unit* Un
Thence S 89 degrees 06 minutes W
continuing along said City Limits line
1780 feet to a point; thence 8. 67 d*-
gtees oo minutes W a distance of 1400
feet more or less to a point on the
north bank of the Rio Grande River
thence down the Rio Grande Rntr a*
It existed prior to June 1930 with 1*‘
meanders and following said north
bank a distance of 2300 feet more or
less to the northwest corner of Outlot
No 50. a* show-n on official map of
the Cltv of Brownsville *aid lot being
ir. the name of T .1 Clav;
Thence north 80 degrees 30 minutes
F and along T T Clav* north lln* a
distance of aoo feet more or le»* ro
Clav s N. E corner thence S 10 de-
grees 20 minutes E along Cla> * east
line being also the west line of
Brownsville cltv reservoir a distance
of 960 feet more or less to the S E
corner of fh* lands of T J Clay;
Th"n*e 8 88 degree* 45 minute* W
along the routh line of lands of T .1
Ciav. a distance of 120 feet more or
less to a point being the N E corner
i of Outlot No 46 in the nam» of Wm
Mason thence 8 22 decree* 15 minute*
E along the line of Outlot No 46 a
distance of about 60 feet to a point:
Thence S 50 degree* 00 minute* W
a distance of about 240 feet to a point:
thence S 0 degree* 45 minute* W a
distance of 520 feet more or 1***. to
the southeast corner of Outlot No 46
being also the N. E corner of Outlot
No 45.
Thence 8 4 degrees 13 minutes W
along the east line of Outlot No 45
a distance of 490 feet to a point being
the S E corner of Outlot No. 45; also
1 a rn-ner of Outlot No 42;
Thence 8 80 degree* 30 minute* E
a distance r.f about 40 feet to a point
thence S. 1 degree 30 minutes w. 95
fret to a potn*;
Thence S 2 degree* 30 minute* E 250
feet to a point being al«o a corner of
Outlot No 42
Thence S 81 degree* 30 minute* E
and along the line of Outlot No 42
s distance of 255 fee* to a point being
also a corner of Outlot No 4.3.
Thence S 65 degree* 43 minute* east
a distance of about 60 feet to a point
being a corner of land* In the name
of Margaret M Fairbanks being In the
•outh «ide of what i* known as Ramt-
reno Lane
Thence 8 87 degrees no minute* E
along the south side of the Ramireno
Lane being rl*n the north line of land*
o? Margaret M Fairbanks a distance
! of 200 feet to a point being the N E
corner of land* of Margaret M Fair-
banks being al«o th* N W. corner of
land' of Mr« t T YotiaR
Thence «omh along the dividing lin*
; of the Fairbanks and Young lands a
distance of 900 feet more or less to
the center of E«tero. being in the line
of Ranco No. 5. a« surveyed by the U.
S Boundary Commission
Thence 8 32 degree* W following
l»ne of Banco as surveyed by C 8
Boundary Commission ISO feet more
or less to corner No 7.
Thence S 2 degree* 45 minutes E
799 3 feet to corner No 9.
Thence S 40 degrees 39 minutes E
1047 feet to corner No 5.
Thence S 71 degrees 03 minutes E
1443 2 feet to corner No 4.
Thence S 14 degree* 12 minutes E
492 feet to corner No 3.
Thence 8 42 degree* 33 minute* W
328 feet more or les* to bank of R.o
Grande River before cut-off of 1924
Thence in a southeasterly direction
down the north bank of the Rio G.an-
oe River with It* meandering* as it
existed prior to the cut-off of 1924 to
p point on the north bank of the Ro
Grande River a* the «ame exist* today.
Thence westerly along a projection
of the abotr line to a point on the In-
ternational Boundary Line between the
I’mted State* and Mexico
Thence following the International
Pound*rv Line southerly and easterly
along the meandering* of the Rio
Grande River to a point of intersec-
tion with a projection of the dividing
i une between the t'nited State* Milltar
Re ervation krvwn as Fort Brown and
a tract of 1113 acre* in the name of F
■I Combe known a and be.ng Tract
No 9 in the partition of a larger tract
common !v known as the Pa rede* Tran
Which larger tract i* Share No 19 in
•he partition of the E*plrltu Santo
Giant.
Thence nor’herlv along *hi« project-
ed line to the point of beginning
YES NO
PROPOSITION SI 'IB4R 3
Shall Section 1 of Article II of the
existing Charter of the Cit; of Brown*-
’ ille Texa*. relating to CORPORATE
POWERS he repealed and the follow-
ing proposition and provision be en-
acted and adopted a* a part of the
Charter of the Cltv of Brown*' lie. to
be de-ignated Section 1 of Article II
thereof
lection I.—Corporate Powers:
The Cltv of Brownsville made a body
politic and corporaie by the legal adop-
tion of this Charter and the amend-
ment* thereto shall have perpc’tia!
I succession mav u*r a corporate seal
mav *ue or he sued implead or be
I unpleaded in all court* end places and
■ n all matters slu'wrr; may con-
j tract and be contracted with; may
j rake hold purchase and acquire real
c**ate or persona! property w.thin or
j without lt« boundaries for any muni-
cipal purpose governmen'al. proprie-
tory or otherwise in fee simple or les-
ser imere-t title or estate by pur-
cha-e gift devise lease or condemna-
tion; and mav sell lea-e hold man-
age and control such property as lt«
interest mav require and except as
prohibited by the Constitution of Tex-
as or restricted by this Charter shall
exercise and enjoy all municipal pow-
j'T*. functions rights privileges im-
munities and franchise* of every name
and nature. *nd he subject to all the
• duties and obligations now pertaining
i to or incumbent upon «aid city a- a
corporation The enumeration of jiarti-
cular power* by thl* Charter *hal! not
be h*ld or d»em» to be exclusive but.
n add.lion to the power* enumeiated
there n or implied therein or ap-
propriate to the exercise of such pow.
e>*. if is intended that the city of
Btownsvjiie --hall have and mav exer-
I fise all powers which under the Con-
stitution of Texas p would be com-
prtent for thl* Charter specifically to
enumerate. All powers of the Cltv
1' hether evpreaed or implied shall be
! exercised In the manner prescribed bv
I tfcla Charter or If not prescribed
| H erein then in the manner provided
1 bv ordinance or resolution of the gov-
erning body.
YES ko
PROPOSITION NUMBER 4
Shall Section 6 of Article II of the
existing Charter of the Citv of Prnwr —
v le. Texas relating -n EXEMPTION
or PUBLIC PROPERTY FROM EX-
ECUTION b* repealed and the follow
ire proposition and provision be en-
act »d and adop’ed as a part of the
Charter of the Citv of Brownsville to
re designated Section 6 of Article II
t thereof:
Section •—Public Propert? Exempt
From Execution:
The propertv. real and personal be-
■ '“ngmg T« the Citv shall not be liable
t< be void or appropriaied under any
writ of execution or cost bill
YES NO
PROPOSITION M MRER 5
Shall Section 7 of Article II of the
existing Charter of the Citv of Brown*-
ille. Texas. relating to GARNISH-
MENT OF CITY FUNDS be repealed
at d the following proposition and pro-
I v:*ion be enarted and adopted as a
>art of the Charter of the City of
R'ownarllle. to be designated Sr ttton
7 of Article n thereof
Section 7.— City Funds Not Subject
to Garnishment or Alignment:
The funds belonging to the City in
the hands of any person firm or cor-
poration. shall net be liable to garn-
ishment on account of any debt It
may owe. or funds It mav have on
hand due anv person firm or corpora-
tion nor shall the City or any of its
officer* or agents be required to in-
-wer anr writ of garnishment on anv
account whatsoever nor shall «aid citv
be liable to *ha assignee of any wage*
of mny officer agent or employe* of
LEGAL ADVERTISEMENT
Mid City whether earned or unearned
upon any claim or account whatso-
ever and as to the City any auch as-
signment shall be absolutely void.
YES NO
PROPOSITION Nt MHI.R •
Shall Section 8 of Article II of the
existing Charter of the City of Browns-
ville. Texas relating to EXEMPTION
I ROM LIABILITY FOR DAMAGES be
repealed and the following proposi-
tions and provisions be enacted and
adopted a« a part of the Charter of the
City of Brownsville to be designated
a- Section 8. Subsections 1 and 2 ot
Article II thereof:
Section S.—Rules and Regulations
(•nverning liability for Damages.
Subsection 1.—The City of Browns-
ville shall not be held responsible or
l.ahle on account of anv claim for
damages or injury to any person by
rearon of the negligence of the City
n* officers agents or employees un-
less. first the person making such
complaint or claiming such damage or
suffering said injury or his or her
authorized representative shall within
thirty days after the time at which it
is claimed or alleged such Injury wa«
Inflicted upon such person present hi*
or her claim therefor to the City Com-
mission of said City In writing at a
tegular meeting thereof or. If there be
no regular meeting within said thirty
days then at the first regular meet-
.ng thereof after such injury Is suf-
fered -aid written claim to state the
amount of damages claimed and de-
manded of the City and to be acorn-
panted bv a true statement under oaih
as to the nature and character and
extent of such injury and damage* the
time date and place when and where
-ame happened the condition! caus-
ing :he -ame with a detailed s'a'f-
ment of each Item of auch damages or
injuries a l!«t of the names and ad-
dresses of witnesses if known to or as-
certainable by affiant who witnessed
‘aid Injury or the accident or hap-
ptning causing the same or the dam-
ages resulting from same provided
’hat. if. af’er thirty days from the
date of said accident or injury and
after the presentation of auch claim
m the governing body as herein-
before set forth provided. If the
aid Injured person shall discov-
er additional damage not known or
ascertainable within said thirty days
after said Injury then the City of
B owttaviu* shall Ml be held respon-
sible or liable on account of such ad-
ditional damages unless an amended
I claim is presented at the first regular
meeting of said City Commission after
the discovery of said additional dam-
age*. said supplementary claim to
state tinder oath in full detail all
the mat! and things hereinbefore
provided for the original claim and
'econd no suit again«t the City of
Brownsville shall be brought until
after sixty davs after any auch claim
'hall have been presented to the City
Commission of said City within the
tune in the manner and form herein-
before provided and in accordance
With ’he provision* hereof.
Subsection 2—The City of Browns-
ville shall uot be held responsible or
liable on account of any claim for
damages by reason of the death of any
person :e*ulting from negligence of
the said citv. its officers agents or
rmplo'ees. unless first the legal re-
presentative of the estate of such per-
son shall within thirty dav* after the
t.eath of *uch person present to the
C.ty Commission of the Citv at a re-
gular meeting thereof or. If there be
no regular meeting within said thirty
days at the first regular meeting
I thereof a written demand or claim
lor such damages said wrttten claim
to sta’e the amount of damages claim-
ed and demanded of the Citv. and to
be accompanied by a true statement
oath to the best of affiant's in-
! format ion and belief as to the nature
and character of such injury the time
due and place when and where same
happened the conditions causing th"
same with a detailed statement .show-
ing how the amount of damages claim-
ert is determined a list of the names
land addiessev of witnesses if known
jtt. or asrertainable by affiant who
witnessed said injury or the accident
or happening causing the same or thr
results thereof and. second no suit
against the City of Brownsville shall
be brought until after sixtv day* after
vuch claim shall ha’e been presented
to the City Commission of the City
v thin th<* time m the manner and in
a< cor dance with the provisions hereof.
YEb NO
PROPOSITION Nl VIHI It 7
Shall Section 21 of Article II of the
cxi-ting Charter of the Citv of Browns-
ville |rxa cla'ing ;o PARKS AND
PI.AYOROl’NDS be repealed and the
following proportion and provisions
] be enacted and adopted a- a part of
the Char-er of the City of Brownsville
to be designated Section 21 Subsec-
tions 1. 2 3 St 4 of Article II thereof
Seel ion 21.— Park* and Plavgrnund*.
Said env shall have exclusive control
over all city parks and playground*
mid mav eon’rol regulate and remove
all obstructions and prevent encroach-
ments thereupon and may provide for
ratal OR. grading. filling. terraring.
iand-raj>e gardening erecting build-
i mgs providing amusements therein
r'tablishlng walks and paving drtve-
i "’!• V* around in and through said
park* plavground* and other public
igiounds. and -hall ha'e (rower to se*
l ip and maintain a *v«tem of park*
for the use of the public and shall
I have itower to acquire park*ires bv
gifts purchase or condemnation and
said (towers *o g-amed shall in part
I bu» not exclusively be exercised a*
follows to-wit:
Subsection 1 - As soon a« practicable
the Citv Commission of *aid CD/ shall
designate the resaca* now owned by
the Citv a* public park* and -hall ar
'I'tire bv gift purcha e or condemna-
M on all land- in the Citv Resaca not
now owned bv the City and sufficient
| land bordering -aid resaca on either
*ide for roads on each side thereof
and in so far as practicable said
Citv Commosion shall provide that
the cos’* of making anv auch improve-
ment* shall be pa d hy the propertv
owner* owning propertv in the terri-
| torv specially benefited in enhanced
lvalue bv rea-nn of making such im-
provement*. and a personal charge be
made against such owners as well as a
i.rn fixed bv special assessment against
any such propertv and in other res-
pect* the provision* tn Article llgft of
Revised Cr :l S’atutes of Texas. 192.S
shall be followed in acquiring and Im-
proving said resaca lands for park pur-
poses
Subsection ? There shall be and 1*
herebv established the office of Park
Superin'cndrnt. appointment to which
office and the salary to be paid there-
fore shall he as m the case of other
non-electtve city employees and offic-
: er«
Subserf ion 7 t’(>on the adoption of
this smrndmrn- there shall be ap-
pointed by the Citv Commission three
members of * Park Commission for
•erm* respectively of one. two and
three -ears the successors to whom
shall each be appointed for a term of
three rears who shall serve without
jcompensation and who shall constitute
»n advisorv body to advise with and
make recommendations to the Citv
Manager with reference to park man-
agement. rare and planting of trees
shrub* flower* and other ornamental
plant* and the Improvement and
maintenance of City Park*
Subscction ♦ The City Comml**ion
niav annually appropriate monev* from
the general fund of the Citv to the ag-
giega’e amount of not to exceed one-
half mil! on each One Dollar assessed
valuation of the taxable property with-
in the Citv in any one year for the ex-
tension improvement maintenance and
care of the city park svstem.
TEN NO
PROPOSITION Nl 74HLR a
on*!i me lonowing proposition and
provision be enacted and adopted as a
part of the Charter of the City of
Brownsville Texas to be added to the
existing Charter thereof and to be de-
«.gnated at Section 23 of Artlcla II
thereof;
Cm'11" |]3'~Purrhjl** ®f Property for
The City of Brownsville ahail have
^uthorpy to purchase or condemn
l ot No. One ill in Block Fifty Six
City of Brownsville Texas and the
building thereon located formerly oc-
cupied bv the First National Bank in
Hiownsville. Texas for use as a City
Hall and for other municipal purposes
at a total cost to the city of Browns-
I*1" not ln excess of Thlrtv-Two
Tuou-and Five Hundred Dollars ex-
it lusive of taxes and assessment* there-
! on at the time of purchase or con-
rU mnation of same and to execute
vendor's lien notes for any part of th"
purchase price of same and accept a
deed thereto in which a vendor's Hen
for the unpaid purchase price Is re-
tained bv the grantor or to Issue first
Hen mortgage coupon bonds of the
C:tv of Brownsville la a sum not to
exceed Thirtv-Two Thousand Five
Hundred Doll*-* the interest and
s nking fund nece«**rv to b*. crea'*d
therefor to be charged againi* a tax
to be levied for the general fund of the
LEGAL ADVERTISEMENT
City of Brown*ville. Texas provided
however that tha City of Brownsville i
may pay off and retire aaid vendor's
lien notes or coupon bonds out of any
amount available out of the net in-
come from any of the public utility
plant* now owned and operated by
said City of Brownsville.
Upon the adoption of • this Charter
amendment such vendor's lien notes |
may be executed by authority of a
resolution of the City Commission of
the City of Brownsville or. in the dis-
cretion of said City Commission such
first lien mortgage coupon bonds may-
be issued In accordance with the exist-
ing charter of the said City and in
compliance with the Constitution and
laws of the State of Texas to bear a
rate of Interest not to exceed five per-
cent. and run for a period of time ;
prescribed by the Charter but not to
exceed ten years and the adoption of
this amendment shall fully authorize
the acceptance of deed to such pro-
perty subject to vendor’s lien for the
unpaid purchase price and execution
ot vendor * lien notes or the issuance
of said bonds without any further
submission of the aamt at any election
for such purpose.
YES BO
PROPOSITION NUMBER *
Shall the following proposition and
provision be enacted and adopted as
a part of the Charter of the City of
Brownsville. Texas to be added to the
existing Charter ’hereof and to be de-
signated as Section 24 of Article II
thereof:
Section 34.—No Bond Required
It shall not be necessarv m any ac-
tion. suit or proceeding in which the
City shall be a party for any bond
undertaking or security to be executed
in behalf of tha City.
YES NO
PROPOSITION NO. 1*
Shall Article III — of the existing
Charter of the City of Brownsville
Texas relative to TAXATION be re-
pealed and the following proposition
and provisions be enacted and adop*-
ed as a part of the Charter of th<-
City of Brownsville to be designated
Article III thereof.
Article III.
TAXATION
Section 1. —The City shall hav# the
power and la hereby authorized an-
nually. until and Including the year
1941 to levy and collect taxes not
exceeding Two Dollars and Fifty Cents
i*2 MU. and from and after the year
1941. not exceeding One Dollar and
Fifty Cent* ill M)i on each One Hun-
dred Dollar* 11100 00* of assessed valua-
tion of all real personal or mixed
property within the boundaries of the
Cltv not exempt from municipal taxa-
tion under the Constitution and laws
of the State of Texas.
Section 2—All property. real per-
sonal or mixed tangible or intangible.
Iving or being within the corporate
limit* of the Cltv of Brownsville. Tex-
as. on the ftr»t day of January of each
rear and all property sent out of the
»aid City of Brownsville. Texas prior
to the firat dav of January of each
year for the purpose of evading taxa-
tion thereon and afterwards returned
to said City excepting such property
a* mav be exempt from municipal
taxation under the Constitution and
law* of the Stale of Texas shall be
subject to taxation including in such
designation all right* privilege* and
franchise* heretofore or hereafter grant-
ed to and held by any person firm or
corporation m the street* alleys high-
ways or public ground* or places in
said City and all easement* or rlglv«
of way granted to and held by any
person firm or corporation in over
thioujth or under any real propc
public or private said franchises and
ea«emeni* or rights of wav each to be
assessed for taxation and subject to
taxation separately from and In addi-
tion to the other assets of such per-
! son firm or corporation and the
City Commission of the City shall re-
quire the rendition and assessment
thereof accordingly provided the speci-
fic inclusion of said franchise* and
easement* or right* of wav tn this
section shall not. by implication ex-
clude any other properly from the
provision* hereof and provided fur-
ther. that no franchise hereafter
santed bv the City of Brownsville.
T»xas. shall. In any manner exempt
anv person firm or corporation from
ad valorem taxation on said franchise
easement or right of way.
Secion 3. It shall be the duty ©I
the Assessor and Collector of Taxes
between the ftr*t dav of January an:l
the first dav of Mav of each year to
make and return to the Cltv Commis-
sion of the Cltv a full and complete
list and assessment of ail proper! v
real. personal and mixed held owned
or situated in said City on the first
dav of January of each vear and no-
exempt from municipal taxation and
also a list of all bank* and other
■•orporation* whose capital stock 1*
liable to taxation with the cash value
of the shares of stock of each such
hank or other corporation and the
nam»« of the owner* thereof
j Section 4. The Cltv Commission of
the Ctty shal’ have full power io pro-
| v.de bv ordinance for the prontyt
| collection of taxes assessed levied and
! imposed under the Charter and is
hereby authorized and to that end
mav and shall have full power and
authority to sell or cause to be sold
all kind* of property real personal or
mixed in anv manner not prohibited
bv the Constitution and laws of the
State of Texas and mav and shall
make such rule* and regulation* and
ordain and pas* all ordinance* deemed
necessary to the levying laying 1m-
t»osing. assessing and collecting of anv
taxes provided for in the Charter. I'n-
les* otherwise provided by ordinance
or in rfn* Charter all property m auch
| City liable to taxation shall be as-
sessed in accordance with the provi-
sions of the general laws of the State
cf Texas in *o far a* applicable.
Section V The C:»v Commission of
the Ci" shall have power bv ordinance
to regular# the manner and mode of
making out tax list* inventories and
*1 praisement* of property herein and
to prescribe the o*'h that shall be
administered to each person on ren-
dition ol hi* property and prescribe
how. when and where property shall
be rendered and to prescribe the num-
ber and form of assessment roll* not
j it-** than two. and fix the duties and
'define 'he power* of City Assessor and
Collector subject to the provisions of
thi* Charter and adopt such measure*
a the City Commission may deem
advisable to secure the assessment of
(all property within the cltv limit* and
1 collect the tax thereon and the Cm
Communion mav provide a fine for all
jierson* neglecting falling or refusing
I to render thetr property for taxation
section a The Assessor and Collec-
tor nf Taxes »hall. st lea*t **n d»'.*
before the first dav of January of
each vear. give public notice hv *d-
i verti«ement In the official newspaper
that all persons owning or controlling
as agent or otherwise anv personal
propertv or real estate or mixed prop-
ertv subject to municipal taxation are
[required to render same for taxation
on or before the first q*v of April of
each vear. All merchants doing busi-
ness In the Cltv are required within
the same time to furnish the Assessor
and Collector of Taxes a true state-
ment. verified by affidavit of all
goods ware# and merchandise owned
or kept on hand by such merchant on
j the first day of January All persons
firms or corporations holding any
right* privileges or franchises hereto-
fore or hereafter granted to any of
them in the streets allevs. highways
o" public grounds or places m said
City are required within the same
time to furnish the Assessor and Col-
lector of Taxes a true statement vert-
: fled by affidavit of all property real
mixed or personal including franchise
easements and rights of w*v. owned
or kepi on hand by such person firm
or corporation on the first of January
auch statement *o be in sufficient
derail that It shall show all legal de-
scriptions of real estate and shall
separate tangible from Intangible prop-
erty. and shall show each different
kind or class of property separately.
Any person whose dutv It Is. under
the terms of this section of the Char-
ter to furnish the Assessor and Col-
lector of Taxes any statement pro-
vided for herein and who shall fall
to comply with the requirements here-
of shall be liable to such fine as may
be Imposed bv ordinance
Section 7. If the Assessor and Col-
lector of Taxes shall discover anv real
or personal property which was sub-
ject to taxation for any previous year
and which from anv cause has es-
caped taxation for that vear he shall
assess ihe same in a supplement to
bl« next assessment roll at the same
rate under which auch propertv should
have been assessed for such vear. stat-
ing the rear and the taxes thereon
shall be collected the same as other
assessments; provided that such sup-
plement roll may be made at any time
snd reported to the City Commission
of the City for It* approval and an-
uumber of such roll* mar be made
fbat may be neceaear*' • The taxes a»-
l teased la auch aupplement roUa (or
LEGAL ADVERTISEMENT
rears previous to the approval of such
rolls shall be due at once upon the
approval of such rolls by the City
Comm 1 mi on of the City and such tax-
es may bear Interest at the rat# of
*ix per cent per annum from the
date on which the *a.. £ would have
been delinquent if levied and assessed
and If the same shall not be paid
within thirty days after the date of
such approval the City Collector shall
p.oceed to collect the same by ad-
vertisement and by sale of such prop-
erty as soon as practicable; such ad-
vertisement and «ale to be made in
the same manner and for the same
time as in cases of the sale of such
pioperty for other city ad valorem
taxes as prescribed by the City Char-
ter; or may enforce the collection
thereof in any other manner pre-
scribed by law Provided that a mis-
nomer of or failure to name the owner
in the assessment rolls shall not af-
fect the validity of the assessment of
any taxes and provided further that
when such taxes have not been at-
tempted to be assessed for such prev-
lous year such taxes shall bear in-
terest only from date of the approval
of the supplemental rolla. The Assessor
and Collector of Taxes may in any
vear reassess property which because
of Irregularity In the assessment of any
previous year may have been Improp-
erly assessed; such rc-assessment shall
he at the value at which It should
have been assessed in any such year
and property owners of such property
shall take notice of such reassessment.
If made prior to the first of April in
anv year but If made after such date
notice shall be given by the Assessor
aid Collector of Taxes as :n case of
the raising of an assessment. Any
propertv owner whose property has
been re-assessed may appeal to the
Board of Equalization as in the case
of an original assessment.
Section R The Assessor and Col-
lector of Taxes shall assess all prop-
erty which for any cause has not been
rendered placing such valuation there-
on as he may deem Just If the own-
ers of such property are unknown
such assessment may be made in the
name 'unknown.
Section 9 No Irregularity In the
time or manner of making or return-
ing the city assessment roll* or the
approval of such roll* ahall invalidate
any assessment.
Section 10 All property real and
personal shall be rendered for tax-
ation by the owner thereof or hi*
agent as provided by the laws of the
State for the rendition of property
tot assessment by the county in so
lar as applicable provided however
that in making such renditions the
owner or agent shall not be required
to state the value of the real prop-
erty. but shall funv.-h to the Asses-
sor and Collector verified by the oath
ot the party making such rendition
a full and complete list and ached-
tile of all property real and personal
belonging to the person firm or corp-
oration in whose name auch property
Is rendered It shall be the duty of
the Assessor and Collector to value
each ana every item of the property
so rendered In accordance with the
fair cash market value thereof upon
a basts of valuation to be applied
alike to all taxpayers and to transmit
to the Citv Commission of the City
all renditions thus made together with
a statement by him verified by his
oath to the effect that he has trulv
falrlv and equally valued all such
propert y.
Section 11. BOARD OF EQUALIZA-
TION The City Commission of the
City shall each vear prior lo the first
riav of June appoint a Board of Equal-
ization to be composed of three mem-
bers who mav or may not be mem-
bers of the City Commission and who
are taxpaying citizens well acquaint-
ed with real e«tate values one of
shorn *hali be designated as Chair-
man of the said Boaid The said Boatd
rhall convene as near as practicable
on the iVh dav of June and con-
tinue its labors until It* said work is
completed but not to con'inue long-
er than the 13th dav of July follow-
ing It shall be the duty of the City
Commission as soon as the assess
ment roll* are completed to refer the
same to the Board of Equalization
who*# duty it shall be to equalize the
taxes assessed on said rolls and to
make all nece*.i»ry correct .on and ad-
justment to that end. and. in addi-
tion to the powc-s granted It by this
Charier Amendment said Board shall
also have the same powers and per-
form the same dune- as the Couniv
Commissioners' Courts of this State in
regard to the assessment of property
for taxation and the equalization
thereof and shall be governed in its
procedure and acts in this respect as
now provided by the laws of this
State relating to the equalization of
State and Cmmty taxes by said Com-
missioners' Courts in addition to the
foregoing the said Rnard shall have
the power when sitting to compel the
production of all hook* documents
stock* bonds and other papers per-
tinent to the investigation to be
produced before It in the Investiga-
tion of the taxable values of any
person or persons firm or corporation
having or owning property within the
corporate limits of l ba Citv subject
to taxation. Said Board shall have
full power to correct any mistake or
Injustice or Inequality in the assess-
ment of property the rendition of
same or In the pavment of taxes and
shall have power to correct such mis-
takes and make redievs therefor and
ihe said Board mav add to the rolls
auy property omitted therefrom eith-
er for the current vear or for previous
years and lawfully taxable within
said Citv. A majority of the said Board
shall constitute a quorum for the
transaction of business The City Sec-
retary or his assistant shall be ex-
otfino the clerk of said Board Mem-
bers of the Board while serving shall
receive such compensation as may be
provided for them by the Citv Com-
misison of the Citv. Immediately up-
on completion of Its work the Board
of Equalization shall certify It* ap-
proval of the assessment rolla. which
shall be returned to the Citv Com-
mission of the City which shall there-
upon either approve the said rolls as
returned to them or make such cor-
rections and changes therein aa it
mav deem advisable and thereupon
adopt the same a* the assessment roll*
to he u*ed for the collection of tax-
es for the current year.
bfwimn 13. Hoard or equalization—
Appeals In by Owners—Procedure.
Anv person aggrieved by reason of
any act of the Assessor and Collector
o' Taxes in making up the assess-
ments or tn the valuation of prop-
ertv for taxing purpose* shall be
entitled to make complaint to the
Board of Equalization and to appeal
to said Board for revision and cor-
rection of the matter upon which
said complaint la based The said
Board shall hear and examine such
complaint or appeal and may examine
the complainant his agent or attor-
nev. and all other persons who may
shed light on sa d rontro-ersv on oath
touching the matter complained of
end mav compel the attendance of
witnesses and the production of books
and paper* necessary to enlighten the
Board and elucidate the controversy.
Section 13. If the Assessor and Col-
lector of Taxes or the Board of Equal-
ization proposes to Increase anv as-
sessment over the amount assessed In
the preceding year notice shall be
Issued to such property owner stat-
ing the fact that the assessment of
the owner'* property Is about to be
increased without specifically desig.
nating the particular property or the
amount to be increased and be ad-
diessed to the owner agent or rep-
resentative thereof and maned at th*
postoffice in the City of Brownsville
and. lu the event the owner of said
piopertv Is unknown notice shall be
given bv publication for one dav in
the official newspaper m the City of
Brownsville; provided that when the
owner of the property is unknown It
shall he sufficient to give a general
description of the propertv and th»
newspaper notice shall be the only
notice required The Citv Secretary
‘hall be ex-oftieio secretary of the
Board of Equalization and he shall
y..e notice by publication in the of-
ficial newspaper one time advising all
tax payers that the Board of Equal-
i l/ation will convene on a certain dav
| lot the transaction of business and
I adjourn on a certain dav. and that all
lpart.es interested in the work of aald
Board shall repair to the office of the
Assessor and Collector of Taxes with-
out dclav and inform themselves of
the determinations of said Board and.
if dissatisfied therewith to bring the
matter to the attention of said Board
before Us final adiournment.
Substantial compliance with the
provisions of this sect .on with re-
ference to notice shall be sufficient
and no assessment shall be invalidat.
ed by reason of failure to comply with
this se-tlon of the Charter
Section 14 A« soon as practicable
after the tax rolla shall have been
revi*^ and finally adopted *h# As-
i aeaaor and Collector ot Taaea ahiU
LEGAL ADVEBT1SEMENT
prepare an alphabetical Hat of the
taapavera of tne City together with
the total amount of property assessed
again*! each which Hat shall be pre-
served In hi* office and shall be ac-
cessible to the public.
Section 13 A lien la hereby created
on all property personal and real or
mixed in favor of the City of Browns-
ville. for all taxes ad valorem oc-
cupation or otherwise. Said Hen shall
exist from January 1st in each year
until the taxes are paid. Such Hen
shall he prior to all other claims and
no gift. sale assignment or transfer
oi any kind or Judicial writ of any
kind shall ever defeat such Hen. but
the Assessor and Collector of Taxes
shall pursue such property and when-
ever found out. shall setae and sell
enough thereof to satlafv such taxes
All persons or corporations owning
or holding personal property or real
estate in the City of Brownsville on
the first dav of January of each year
shall be liable for all municipal taxes
1 levied thereon for such year.
The personal property of all persons
owing any taxes to the City of Browns-
I ville is herebv made Habit for all of
said taxes whether the same be due
i upon personal or real property or up-
on both.
Section It All taxes shall be pav-
!able at the office of the Assessor and
Collector of Taxes In the City of
I Brownsville. In current money
No demand for such taxes shall be
| necessary but It Is made the duty of
the taxpayer to make payment of
such taxes in cash within the time
specified.
Section 17 The Assessor and Col-
lector of Taxes shell by urtue of h.'
tax rolls have power and authority
to seize and levy upon personal prop-
ertv and sell the same to »an*f\ del-
inquent taxes. When he seizes per-
sonal property for such purposes hi
shall keep the same at the expense of
the owner until the sale is made and
shall give notice of the time and
place of sale of same by posting a
written notice at the City Hall aoor
snd one at the courthouse in the City
of Brownsville at least ten da vs be-
' fora the date of sale. He shall sell
the same to the highest bidder for
rr.->h for all taxes interest cost and
expense of caring for said property
snd shall make an entry in the book
of sales of the amount realized All
such sate* shall ba mads at any door
of the City Hall.
Section 18 A sale of personal prop-
erty for delinquent tase* shall con-
vey with it an absolute title and the
owner shall have no right to redeem
j the same. The City shall have the
! right t become a purchaser of prop-
i erty at tax sales and the City Man-
| ager shall attend auch sales for auch
purpose or mav empower any person
to so bid on behalf of the Cltv.
Section 19 All levies of ad valorem
taxes heretofore made by the City of
Brownsville and all assessments here-
tofore made and assessment rolls
heretofore placed in the hands of the
City Assessor and Collector of Taxes
foi collection are hereby validated
and the same shall be legal and bind-
ing regardless of any Irregularities
j tnat may exist in the manner of
making such levies and the making
and returning of auch assessment
! rolls. Thu provision shall apply to
all suit* and actions now pending as
well as those hereafter prosecuted.
Section 20 In any atilt bv the City
of Brownsville for the collection of
any delinquent tax where it ahall
appear that the description of any
property in the City assessment roll*
shall be insufficient to ldentifv such
j property the City shall have the
right to set up in it* pleading a good
description of the property intended
to be ' .sessed and to prove the same
and to have Ha Judgment foreclosing
It* tax lien upon the same and per-
sonal judgment against the owner
for such taxe*. the same as if the
property were fully described upon
the assessment roll*.
Section 21. When the owner of anv
| piopertv. or hts agent shall render
am property to the Assessor and Col-
: lector of Taxes for assessment and
such property is assessed in accord-
ance with the description furnished
by such owner or his agent the suf-
ficiency of auch description ahall not
be disputed by auch owner In any
anion or auit for the collection of
such taxes but the same shall be
binding upon such owner and shall
be sufficient for all purpose* of auch
assessment
Section 22. The provision herein for
! the collection of taxe* shall not be
construed to prevent the City from
filing suit In anv couri of competent
j Jurisdiction for the collection of anv
taxes due on real estate as well as
' personal property and for the en-
forcement of levies for auch taxes
and the assessment rolls shall be
prim* facie evidence of the facts
stated in said roll* and that all taxes
assessed on such rolls have been reg-
ularly levied and assessed in accord-
ance with the provisions of this
Charter Amendment and of the law
and no irregularity in the manner of
levying or assessing taxes shall In-
validate the same unless it appears
from affirmative proof that auch ir-
ugmartty operated injuriously to the
taxpayer attempting to avoid the pay-
ment of auch tax. Nothing In
this section shall be construed to
prevent the City Commission from
hearing all complaints as io erroneous
and unjust assessments and making
such adjustments with reference there-
to as said City Commission may deem
Just.
Section 23. Unies* otherwise pro-
vided bv thi* Charter Amendment and
by ordinances passed thereunder all
property in such City liable to tax-
ation shall be assessed in accordance
with the provisions of general laws of
the State in so far as applicable.
Section 24. It shall be the duty of
the Assessor and Collector of Taxes
.to make reports to the City Manager
monthly or oftener If required by the
City Commission of the City showing
i all taxes collected by him alnca the
date of hts last report
Section 2V Assessment of Proper-
' If.—Joint. Common and Conflicting
Interest in Real Estate—Separata As-
sessment of.—
The Citv Assessor and Collector of
Taxes shall not be required to make
separate assessments of individual or
1 Joint common or conflicting interests
In anv real estate hut the owner of
Such interest mav furnish to said As-
sessor and Collector of Taxes at any-
time before the 1st day of Aprtl of
I each vear. and not thereafter a writ-
ten description of anv parcel of land
in which he has an interest less than
the whole showing the amount of
his interest therein and the «aid As-
sessor and Collector may thereupon
asses* such Interest as a separate par-
cel and the remaining Interest as a
different parcel and proceed to ftx
the value of each.
Section 2« The Aaaessor and Col-
> lector of Taxes mav receive the taxes
on parts of any lots or parcels of real
property or on an undivided Interest
therein but no such taxes shall be
received until the person tendering
t 'he same shall have furnished the
1 said Assessor and Collector of Taxes
! a particular description of the par-
ticular part or interest on which pav-
I ment Is tendered and the Assessor
and Collector shall enter such speci-
fication In the name of the person
paying and at the proper piaca In the
assessment hooks so that the part or
Interest on which payment has been
made and the part or lntereat on
which taxes remain unpaid may clear-
ly appear.
Section ST. Delinquent Taxes—
Penalties.
The taxes herein and hereby au-
thorised to be levied shall become due
snd pavable In two equal Installments.
The first installment which amovin'
snail he fiftv per cent of the total
sum of the taxes due and pavabla for
the current year shall be due and
pavable on or before the thirty-first
dav of January of the ensuing year
nnd the second installment. w-hlch
"mount shall be the remaining fiftv
pet cent of the total sum due and
pavable In taxes for the current vear
-hall become due and payable on the
j thirty-first day of July of the en-
suing year. No demand for taxes
; "hall be necessary in order to insure
or enforce their collection; but it is
made the duty of the taxpayer to
make payment of such taxes in cash
sx herein provided The first install-
ment of taxes required to be patd by
xirtue of this Charter Amendment for
the current vear shall become delin-
quent on the ftrat dav of February of
the ensuing year and the second In-
stallment of taxes required to be paid
by virtue of this Charter Amend-
ment for the current year shall be-
come delinquent on the first day of
August next suceeding. Should anv
taxpayer permit his taxes to become
delinouent by failure or refusal to
pav the first !n>’aUment said install-
ment being fifty per cent of the
teal smount of 'axes due for th*
current year before »he first dav of
I February of ths ensuing yaar as above
LEGAL APVERTISEMENT
specified then the second installment
•nil also immediately become due
and payable and delinquent and a
penalty shall attach to the pavment'
of all such taxes at the rate of two
per cent per month on the first dav
of each month thereafter until auch
penalty shall be ten per cent of the
taxes paid. All delinquent taxes shall
bear Interest at the rate of six per cent
per annum from original delinquent
date. Should any tax payer pay the
ftrst installment of hi* taxes aa herein-1
above provided and permit the second
Installment of hi* taxea to become de-
ltnquent. by failure or refusal to pay!
said second installment before the
first day of August of the next en-
suing year as above specified then
ten per cent penalty and Interest shall
immediately attach to the second in-
stallment of delinquent taxe* In ad-
dition to the penalties above pre-
scribed. auch delinquent taxpayer
shall be subject to the pavment of all
costa and expense* that may be In-
cured in the advertisement of auch
delinquent property and the collection
of such taxes through any method
prescribed by this Charter Amendment
and any of the laws of the State of
Texas and such penalties and Inter-
e*t and costs and expenses including
anv lawful attorney's fee* shall ba an
obligation of the taxpayer and be
secured by the same Hen and collect-
ed In the same manner a* the taxe*
Section 28. It shall be the duty ot
the Assessor and Collector of Taxes
promptly after any taxe* become due
and delinquent and within sixty dav*
thereafter to seize and sell for taxes
any personal property he may find
subject under the taw. to be so
seized and sold for »uch delinquent
taxe*. and. as to all other taxes
promptly and within three months
thereafter to prepare In alphabetical
order of the names of persons owing
such taxes triplicate ropie* of sched-
ules of said delinquent taxes includ- i
lug any taxe* delinquent for prior'
>ear*. and deliver to the Ctty Attor-
ney of the City of Brownsville. Texa*.
said triplicate copies of said schedule* i
of delinquent taxe* with all Informa-
tion on the tax roll# a* to description j
01 property name and address of
owner and any and all other pertinent
information In hi* possession and
knowledge for the purpose ot Institut-
ing suit or pursuing other legal rem-
edy for the collection of said taxe*
and the establishment and foreclosure I
ot any liens securing the payment ofI
same
Section 29 Promptly after receipt
of schedule* of delinquent taxes from
the Assessor and Collector of Taxes
and within three months after receipt
01 same the Cltv Attorney shall in-
stitute suit for the collection of said
delinquent taxes and for the estab-
lishment and foreclosure of any lien*
securing the psuneui of same said
au:u to be filed in alphabetical order'
of the namea of persous owing auch
te.*es
Section 30 Failure of the Assessor
and Collector of Taxes and the Cltv
Attorney to do anv of the thing* It
Is made their duty to do in this Char-
ter a* amended at any time within
the tune specified therein shall not be
a defense to any suit for collection *f
taxes and establishment and fore-
closure of any liens nor shall auch
delay prohibit any other actions taken
for collection of said taxes.
Section 31. In the event either the
Assessor and Collector of Taxes or the
City Attorney fails or refuses to do or
periorm anv of the dunes assigned to
either of them in this Charter as
amended at any time strictly within
the time specified herein then and
in that event such officer so falling
to perform his duty within the time
specified shall without further ac-
tion. ipso facto cease to hold such of-
fice and cease to be entitled to re-
cnve the salary therefor and be-
come bound and liable to repay to
the City of Brownsville any salary
paid to him as such officer for any
time thereafter provided however
that such officer may. prior to the
expiration of any such time designated
herein apply to the Cltv Commission
of the City for an extension of time
lor the performance of anv such dutv.
which *aid City Commission of this
Citv mav bv resolution grant for a
specified time on showing of neces-
sity satisfactory to them. Should
e.ther the said Assessor and Collector
of Taxes or the City Attorney for-
feit his office for the reasons set
forth in this section of the Charter
he mav not again be emploved in any
capacity by the City of Brownsville.
Texas for a period of two Years.
Section 32 The City Commission of
the City at Its first meeting in June
of esch year or as soon thereafter a*
practicable shall levy the annual tax
for each year but special taxes or as-
sessments allowed bv this Charter or
the laws of the State of Texas mav
be levied assessed and collected at
such time as the City Commission mav
provide provided. that should the
City Commission fall or neglect to levy
the annual tax herein provided not
later than the thirtieth dav of Octo-
ber of said ’ear. the annual tax levv
for the preceding year last made bv
said Cltv Commission sha.l and will
be in force and effective for the year
lor which no annual tax levy wa* made
prior to the first day of November
of such year.
Section 33 In addition to the pow-
eic herein conferred with reference to
the assessment and collection of taxes
the Cltv of Brownsville shall have and
may exercise ail powers and authority
now conferred or that may hereafter
be conferred upon cities having s pop-
ulation of more than five thousand In-
habitants by the general laws of the
Elate of Texas.
Section 34 This amendment shall
lie in effect on snd after the first dav
of January 1940.
YES no
PROPOSITION NIMKIR II
Shall Article IV of the existing
Charter of the City of Brownsville
Texa*. relative to Ronds and Time
Marrams be repealed snd the follow-
ing proposition snd provisions be en-
acted and adopted a« a part of the
Charter of the Cltv of Brownsville io
be designated Article IV thereof.
Atlii Ir IV
FIN IKCR
Section 1 Bonds The governing
authority of the City shall have the
power to appropriate so much of the
genera! revenue of the City as may
he necessary for the purpose of re-
tiring and discharging the accrued
indebtedness of the City and for the
purposes of improving the streets pur-
I chasing and constructing sewers
electing and maintaining public
works of every kind and for the pur-
chasing or constructing of waterworks
plants and systems and for the pur-
pose of erecting maintaining and op-
erating an electric light and power
plant and such other public utilities
as the governing au'hontv may. from
;time to time deem expedient; and In
furtherance of anv and all of these
subjects the City shall have the right
to borrow monev on the credit of the
City within hut not to exceed the
limits p onded by this Charter and
to issue coupon bonds of the city
therefor. In such sum or lumi. as
mav be deemed expedient.
All bonds shall bear interest not to
exceed tfeuee • 3 • per cent per annum
pavable nnuallv or semi-annually.
iMith Brin tpai and Interest pavahle at
the office of the City Manager or at
any State or National Bank and only
in Brownsville. Texas.
All bonds shall specify the purpose
for which ’he. are ImaiMlI; -hall be
void If sold for less than their par
value and accumulated Interest ey-
jelusive of commissions and when anv
'bonds art Issued a fund shall be pro-
vided to pav the Interest and create
a sinking fund to redeem said bond*
For each such Issue the Interest fund
and the sinking fund shall be kept
and shown separate.v la a special
I ledger protided bv the City Commis-
sion for that purpose which ledger
shall be posted to date monthly shall
j be a public record and at all times
j subject to Inspection by the «publlc
1 generally but such fund* as and
when collected shall be deposited in
the “Interest and Sinking Fund " For
each issue no Interest accruing on anv
particular date shall be paid unless
j and until there la sufficient monev
In the Interest fund account to pav
all coupons coming due on that date
and the interest fund shall he used
for no other purpose Also for each
Issue the sinking fund shall never be
used except to pav principal of the
bond*: provided however. that all
sinking funds shall be promptly In-
tested In the bond* of Brownsville.
Texas or of the United State* which
according to their terms mat tire at a
irate prior to the time of maturity of
|the bond* for the payment of which
such sinking fund was created
All bond* shall be issued for a pe-
riod of not to exceed forty <4Vi years:
shall be signed bv the Mavor counter-
signed by the person acting In the
capacity of City Clerk or Secretary
shall be itilMBittcd to the ar*ornev
general of the Bute for lux approval
LEGAL ADVERTISEMENT
—.-. . ■ — .-.
■nd the comptroller for registration
i* provided by the State law. and any
hod all such bonds may he redeemed
By the City at any time on Its call
therefor same to bear no further in-
terest from date of call. All bond*
seued by the City shall be registered
By the City Secretary m a ledger kept
lor that purpose showing the number
snd sene* of each bond and the name
snd address of the holder to whom
rust issued and thereafter no trans-
fer of any bond shall bs valid unless
made on such ledger by the register-
ed holder m person or bv his am
torney duly autnonred. showing tha
name and address of the transferred
snd similar notations -hall ha mada
on the respective bonds such ledger
■ball also be a pub J subject
»iways to tha inspection of lb# pub-
lic s
Before the Issuance of any bonds
the same shall be submitted to a vota
of the qualified property taspaymg
voters of the City snd the same shall
not be issued unless sistv per cent
of such qualified voters have voted
in the election and unless as many aa
two-thirds • 2-3» of those voting shall
vote in favor of issuing the bonds
but should said election fall to carry
■uch bonds shall not be issued hut
shall be immediately cancelled and
destroyed All elections with refer-
tnce to bonds shall be conducted aa
other elections under the State law
snd as provided In this Charter after
due notice by publics*.on. once each
week for three consecutive weeks prior
thereto In one or more newspapers
published in the City which nottra
shall state the nature and purpose
of said election.
Section 2.—Time Warrants:
No time warrants shall be u>ued by
the governing bodv of tbs CtTv ei-
cept In cases of public calamity where
It becomes necessary to act at once
to appropriate money to relieve tha
necessities of the clti/ens or to pre-
serve the property of the City er
when It Is necessary to preserve or
protect the health of the citizen*. or
in case of unforseen damage to pub-
lic property machinery or equipment
and then only upon unanimous vota
of all five members of the Commis-
sion (The words •'Time Wsrran't'*
ss used herein are defined as mean-
ing that form of municipal ob.na-
tion issued m the form of a bond
without being submitted to 'he vot-
ers at a regular call-d election and
shall not he construed to mean bang
nctes customarily used for »hort-t;ma
financing I
Section 3—Refunding of Bonds and
Warrants
Hereafter no bond* or warrant* of
snv kind shall be refunded without q
many a* two-third* 12-31 of alary
tgOVl per cent of the qualified prop-
erty taxpaving voter* of the City vot-
ing In favor of such but tn all in-
stance* bond* and warran'* to ho
refunded shall be voted on and re-
funded separately. On im such flec-
tion carrying the refunding nond* «o
voted shall be subject to the provt-
slon* of this Charter wi'h reference
to bond* Warrant* rd -n».t
continue to occupy the legal statua
of municipal warrant* but hereafter
thev shall be registered m similar
manner and with the same require-
ments a* bonds. Elec* ions for re-
funding of either or both bond* and
warrants shall be conducted tn sim-
ilar manner as for an original bond
Issue and no refunding bonds or
warrants so voted shall bear in'eresg
In excess of three (3'. » iter cent per
annum Hereafter after bonds or
warants have once been refunded
thev shall never thereafter again bo
refunded
However the Ct*y Comm -.on may
without a vote of the people refund
legal bonds and warrant* but in any
such event the irrere** rate shall
never exceed two t2"t) per cent per
annum
Kerlinn 4 —Rond* and Warrants 111
Default.
A* long a* a bond or warrant is la
default It shall never bear interest
and it»tere*t coupons on either bonds
or warrant* shall never bear interest.
Section 5. Mutts on Ronds and War-
rants.
No stilt shall ever be brought on
bonds or warrants without the holder
having first served written nmica
of hi* intention so to do on the City
Manager and City Attorney at lea t
ninety i*o* day* In advance of the
filing of the suit and anv suit so
filed *hall always be it: a court Us
Cameron Countv Texas having juris-
diction of the rs*e
Section « All moneys srts.ng from
the collection of taxe* by the City
for the purpme of paving intern*
on and providing a sinking fund for
bond* warrant* and other Indebted-
ness of the City -nail be kept m on*
c r more fund* separate and d.st'nc*
ftom either the fund d«* gnated ss
the ‘ Plant Fund" or the fund desig-
nated a* the General Fund ” Tha
books of the Cttv -hail st all time^
show separately the amount of monef
collected from taxes or other sources
for each year for the payment of in-
terest or a* a sinking fund to service
each separate Issue of bond* war-
rant* or other indebtedness and no
payment* of mtere*t or principal shall
[be made on any such bond warrant
cr other Indehtedne** unless and un-
til the amount collected to serrtc*
that particular Issue i* sufficient •%
pay In full a« to the l**ue involved
all Interest coupon* of tae same dua
date or all principal due a’ the same
date it be.ng the intent and purpose
of this section that all holders snd
owner* of bonds warrant* or other
indebtedness of any particular tssuo
shall he paid on a parity without
reference to date of piesentatton for
javnient.
Met mm 7. lmome from Utility
Plants:
The err re Income from the muni-
cipal waterworks *• *tem. electric pow-
er and light system sewer system or
other public utilities owned now or
h« ratter by the City of Brownsville.
Texas. 1* hereby set **ide for tha
following purpose* snd none other.
In the order named below. to-w:t
Subsection 1. For the pavment of
expense* of operation of said utility
plant* and of collection of said in-
come including salaries and wages of
employee* thereof
Subsection 2 For maintenance and
repair of such public utilities so
that same shall conunut to operate
efficiently.
Subsection 3 For the pa ment. %•
due. of revenue bonds heretofore or
hereafter Issued for repairs to or ex-
tension* of said utilities.
Subsection 4 For the sett.ng a-.da
In a separate account of not less than
five t5'.l per cenr of the total in-
come from such unlitv plants or sys-
tem* a* a reserve for depreciation and
obsolescence. which sum. howe- ei*
may be used to retire pay off and
discharge revenue bond* of «a.d utli-
lt” plants in excess of the amount
then due thereon or to become due
during the current year or ln’ested
in other valid bonds of the CUy of
Brownsville or bong* of the S’ate oT
Teia« or The i n.ted State* Said sura
may be used for the purpose of mak-
ing necessary repairs of damage caus-
ed bv wars riots flood* hurricanes
fire or act* of God or cause* not with-
in the control of the governing body
of the City of Brownsville.
Subsection 3 For auch extension*
of and addition* to *a:d municipal
utility systems that the City Com-
mission of the City of Brownsville
shall determine to be nece**ary and
for which purpose* sum* certain shall
be r-t t ide hv ordinance.
Subsection « Anv remainder of
such income shall bo placed la tha
General Fund for the expenses of tha
said Cttv of Brownsville.
Subsection 7. Provided howe'er
that until the first dav of July.
1941. the Cttv Commission of tha
C.tv of Brown»vi’ie mav by resolu-
tion. transfer any of such income to
the General Fund for general pur-
poses not In excess of the amount of
\ unpa.d taxes levied for general fund
purposes said general taxes as and
when thereafter collected to be used
to pay back into the utility p.ant
fund* anv amount *o transferred to
j the General Fund for general pur
I''-—' M
HertIon I— Power to Control ana
Mihi|e Finances:
The City shall have the power to
control and manage the finances of
the City to provide ita fiscal year
and fiscal arrangements
YES NO -
PROPOSITION N1MBIR 12
Shall Section 2 of Artie!# V of tha
M *?ing Charter of the City of
Brownsville. Tesaa. relative to Term
of Office he repealed and ’he fol-
lowing proposition and provision he
enacted and adopted ae a part of
the Chafer of the Cl tv of Browns-
ville to he d*—minted as Section 2 of
Article V thereof
Section 2. Term of Office:
The Mevor and each Co mmln* toner
' shall aerve s'-- • first election
.for Commissioners as herfinaftfr pr»
Inded. for a term of two <3) year* ag
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Reference the current page of this Newspaper.
Stein, J. M. The Brownsville Herald (Brownsville, Tex.), Vol. 47, No. 291, Ed. 1 Wednesday, June 7, 1939, newspaper, June 7, 1939; Brownsville, Texas. (https://texashistory.unt.edu/ark:/67531/metapth1405130/m1/8/: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; .