Ord 39-2006 5/23/2006 ORDINANCE NO. 39-2006
ORDINANCE CANVASSING THE RETURNS OF THE MUNICIPAL
GENERAL-SPECIAL ELECTION HELD IN THE CITY OF WICHITA
FALLS, TEXAS ON MAY 13, 2006; FINDING AND DETERMINING THAT
THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS
OPEN TO THE PUBLIC AS REQUIRED BY LAW.
WHEREAS, the City Council of the City of Wichita Falls has heretofore called for
a General-Special Election to be held in said City on May 13, 2006 to elect a Mayor,
Councilor District 3, Councilor District 4; Councilor District 5; submit amendments to the
City Charter of the City of Wichita Falls; and submit the meet and confer measure; and
WHEREAS, election officers who held said election have duly made the returns
of the result thereof, and said returns have been duly delivered to said City Council; and
WHEREAS, it is hereby officially found and determined that the meeting at which
this Ordinance was passed was open to the public, and public notice of the time, place
and purpose of said meeting was given, all as required by Chapter 551 of the Texas
Government Code, and
WHEREAS, after canvassing the returns of said election, it was found to be duly
and legally held in all respects, and that 5270 voters voted in said election, and that
votes were cast as follows:
MAYOR:
Lanham Lyne received 4024 votes.
Bob Johnston received 436 votes.
COUNCILOR DISTRICT 3
Bruce Harris received 534 votes.
Rick D. Hatcher received 811 votes.
J. Travis Bohannon received 199 votes.
COUNCILOR DISTRICT 4
Ray A. Gonzalez received 786 votes.
COUNCILOR DISTRICT 5:
Charles Elmore received 267 votes.
' PROPOSITION NO. 1. Shall Section 11 of the City Charter be amended so that the
requirements for a written application (and petition in lieu of filing fee) for candidacy for
the city council shall be filed with the city clerk in accordance with state law?
Yes received 3527 votes.
No received 621 votes.
PROPOSITION NO. 2. Shall Section 21 of the City Charter be amended to provide for
elections by majority (rather than plurality); to provide for runoff elections befinreen the
top two candidates if no candidate receives a majority of all votes cast; further, to
provide for breaking tie votes by lot?
Yes received 3332 votes.
No received 827 votes.
PROPOSITION NO. 3. Shall Section 24 of the City Charter be amended to require
that only registered voters may make and file an affidavit for recall of a mayor or
councilor, and that only registered voters within a councilor's district may seek such
councilor's recall; further, shall said Section 24 be amended to require that the number
of signatures on a recall petition be 5% of the registered voters at the date of the last
regular municipal election for that position; further, shall Section 24 be amended to
delete the requirement that petitioners certify that they voted for the person whose
recall is sought at the election at which he was last chosen?
Yes received 3427 votes.
No received 736 votes.
PROPOSITION NO. 4. Shall Section 25 of the City Charter be amended to require a
recall petition to include the date of birth and voter registration number of each person
signing the petition?
Yes received 3001 votes.
No received 1175 votes.
PROPOSITION NO. 5. Shall Section 26 of the City Charter be amended to extend the
time allowed for the city clerk to examine and certify a recall petition from 10 days to 30
days?
Yes received 2912 votes.
No received 1252 votes.
PROPOSITION NO. 6. Shall Section 27 of the City Charter be amended to extend the
time allowed for the city clerk to examine and certify an amended recall petition from 5
days to 30 days?
Yes received 2839 votes.
No received 1306 votes.
PROPOSITION NO. 7. Shall Section 28 of the City Charter be amended to provide
that any elections for the recall of a member of the city council shall be held at the next
uniform Election Day as specified by State law, in order to conform to current and any
subsequent laws enacted by the legislature regarding elections?
Yes received 3307 votes.
No received 802 votes.
PROPOSITION NO. 8. Shall Section 33 of the City Charter be amended to prohibit
more than one recall election for a councilor or mayor during a two-year term of office?
Yes received 2936 votes.
No received 1243 votes.
PROPOSITION NO. 9. Shall Section 34 of the City Charter be amended to require the
consent of five-sevenths (5/7) of all members of the city council to expel a council
member; and further, to provide that executive sessions shall be held in accordance
with State law?
Yes received 3317 votes.
No received 785 votes.
PROPOSITION NO. 10. Shall Section 38 of the City Charter be amended to delete the
reference to salaries to be paid to the mayor and council until set by ordinance, as such
ordinance setting such salaries has already been approved?
Yes received 2692 votes.
No received 1339 votes.
PROPOSITION NO. 11. Shall Section 41 of the City Charter be amended to extend the
time allowed for the city clerk to review an amended initiative petition from 15 days to
30 days?
Yes received 2755 votes.
No received 1307 votes.
PROPOSITION NO. 12. Shall Section 50 of the City Charter be amended to extend the
time atlowed for the city clerk to review an amended referendum petition from 15 days
to 30 days?
Yes received 2749 votes.
No received 1326 votes.
PROPOSITION NO. 13.
Authorizing the City of Wichita Falls to operate under the state law allowing a
municipality to meet and confer and make agreements with the association
representing municipal firefighters as provided by state law, preserving the prohibition
against strikes and organized work stoppages, and providing penalties for strikes and
organized work stoppages.
For received 2520 votes.
Against received 1660 votes.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
SECTION 1. Said election was in all respects legally held in accordance with the
laws of the State of Texas and the Charter and the Ordinances of the City of Wichita
Falls.
' SECTION 2. The City Council officially finds, determines and declares the results
of said election to be that Lanham Lvne was duly and legally elected Mayor; that Rick
D. Hatcher was duly and legally elected Councilor District 3; that Rav A. Gonzalez was
duly and legally elected Councilor District 4; that Charles Elmore was duly and legally
elected Councilor District 5. In addition that the following propositions carried;
Proposition No. 1, Proposition No. 2, Proposition No. 3, Proposition No. 4, Proposition
No. 5, Proposition No. 6, Proposition No. 7, Proposition No. 8, Proposition No. 9,
Proposition No. 10 Proposition No. 11, Proposition No. 12, and Proposition No. 13.
SECTION 3. It is hereby officially found and determined that the meeting at
which this Ordinance was passed was open to the public as required by law.
PASSED AND APPROVED this 23rd day of May 2006.
MAYOR
ATTEST:
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Ci y Clerk