Ord 14-2006 2/21/2006 ORDINANCE NO. I�"��
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WICHITA FALLS, TEXAS, AUTHORIZING A GENERAL-SPECIAL
MUNICIPAL ELECTION TO BE HELD ON MAY 13, 2006, FOR THE
PURPOSE OF ELECTING A MAYOR, COUNCILOR DISTRICT 3,
COUNCILOR DISTRICT 4, AND COUNCILOR DISTRICT 5; AND
SUBMITTING PROPOSED AMENDMENTS TO THE CITY
CHARTER OF THE CITY OF WICHITA FALLS; SETTING FORTH
THE PROPOSED AMENDMENTS; PRESCRIBING THE FORM OF
THE PROPOSITIONS; AND SUBMITTING A PROPOSITION ON
MEET AND CONFER AND PRESCRIBING THE FORM OF THE
PROPOSITION; DESIGNATING ELECTION PRECINCTS;
APPOINTING ELECTION OFFICIALS; ESTABLISHING PAY RATES
FOR ELECTION WORKERS; PROVIDING FOR NOTICE OF SAID
ELECTION; PROVIDING FOR THE USE OF VOTING MACHINES;
PROVIDING FOR EARLY VOTING; ESTABLISHING REGULAR
BUSINESS HOURS OF THE CITY CLERK'S OFFICE ON THE
FINAL TWO DAYS OF EARLY VOTING BY PERSONAL
APPEARANCE; FINDING AND DETERMINING THAT THE
MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS
OPEN TO THE PUBLIC AS REQUIRED BY LAW.
WHEREAS, in accordance with the TExas E�ECTiorv Co�E, the TExas Loca�
GOVERNMENT CODE Constitution of the State of Texas, City Charter and general
laws, a General/Special Election is hereby called and ordered for the second
Saturday in May 2006; and
WHEREAS, the City Clerk has advised the City Council that the next
authorized date to call a General-Special Election is May 13, 2006, for the purpose of
electing a Mayor, Councilor District 3, Councilor District 4, and Councilor District 5; to
consider the proposed Charter amendments; and the meet and confer proposition.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WICHITA FALLS, TEXAS, THAT:
SECTION 1. A General-Special Municipal Election is hereby ordered to be
held on the 13th day of May, 2006, for the purpose of electing a Mayor, Councilor
District 3, Councilor District 4, and Councilor District 5.
SECTION 2. This General-Special Election shall also be held for the purpose
of submitting to the qualified voters the hereinafter-described proposed charter
amendments to the City Charter of the City of Wichita Falls.
Measure No. 1. That Section 11 of the City Charter shall be amended to read
as follows:
"Sec. 11. Candidacy for the City Council.
Any qualified voter of the City of Wichita Falls may apply in writing for a place
on the ballot for election to the city council, who:
(1) is at least twenty-one [21 ] years of age,
(2) has resided within the city and applicable district for twelve (12) months
prior to filing deadline for that election,
(3) pays a filing fee of $100 or presents a petition signed by [fifty] 50 or
more qualified voters in the city and applicable district, in lieu of the
filing fee, and
(4) meets all other eligibility requirements of the Texas election laws.
The written application (and petition in lieu of filing fee) shall be filed with the
city clerk in accordance with state law."
Measure No. 2. That Section 21 of the City Charter shall be amended to read
as follows:
"Sec. 21. Election by Majority.
A candidate at an election for a place on the council or for mayor who shall
receive a majority of all votes cast for the office for which he is a candidate shall be
declared elected to such office. In the event any candidate for an office fails to
receive a majority of all votes cast for all the candidates for such office at such
election, the council shall order a runoff election, to be held in compliance with state
law. The two (2) candidates receiving the highest number of votes for any such office
in the first election shall be placed upon the ballot to be voted on in the runoff
election.
Sec. 21.a. Breaking Tie Votes.
If by reason of their having received the same number of votes, it cannot be
determined which of two (2) or more candidates has been elected, a decision
between them shall be made in their presence by lot under the direction of the city
clerk.
In the event a runoff is required, and it cannot be determined from the vote
which two (2) candidates shall advance to a runoff, because of a tie vote, the
decision shall be made by lot as specified above."
Measure No. 3. That Section 24 of the City Charter shall be amended to read
as follows:
"Sec. 24. Recall Authorized.
The mayor or any other member of the city councii may be removed from
office in the following manner:
Any qualified voter of the city may make and file with the city clerk an affidavit
containing the name of any member of the city council whose removal is sought and
a statement of the grounds for removal, provided only qualified voters within a
council district may make and file an affidavit for recall for that council position.
The city clerk shall thereupon deliver to the qualified voter making such
affidavit copies of petition blanks for demanding such a removal, printed forms of
which he shall keep on hand.
Such blanks shall be issued by the city clerk with his signature thereto
attached, and they shall be dated, addressed to the city council, indicate the person
to whom issued, and state the name of the member whose removal is sought.
A copy of the petition shall be maintained in the office of the city clerk in
accordance with state law.
A recall petition to be effective must be returned and filed with the city clerk
within thirty (30) days after the filing of the affidavit, and must bear the signatures of
registered voters of the city equal in number to at least five (5%) percent of the
registered voters at the date of the last regular municipal election for that position,
whether opposed or unopposed. Only registered voters within a council district may
sign a recall petition for that council position."
Measure No. 4. That Section 25 of the City Charter shall be amended to read
as follows:
"Sec. 25. Petition for Recall.
Signatures to a recall petition need not be appended to one paper, but to each
such petition paper there shall be attached an affidavit of the circulator thereof,
stating that each signature thereto was made in his presence and is the genuine
signature of the person whose name it purports to be.
Each signer of a recall petition shall sign his name in ink or indelible pencil,
and shall comply with any other applicable requirements prescribed by law.
Recall petition papers provided by the city clerk shall be in form substantially
as follows:
TO THE MAYOR AND CITY COUNCILORS OF THE CITY OF
WICHITA FALLS, TEXAS:
I, , City Clerk of the City of Wichita Falls, did
hereby issue upon request to this blank form
for a recall petition for the removal of
from the office of , Wichita Falls City
Council.
Dated: Signed: , City Clerk
RECALL PETITION
TO THE MAYOR AND CITY COUNCILORS:
We, the undersigned electors of the City of Wichita Falls, hereby
demand that the question of removing from the
city council be submitted to a vote of the electors.
Grounds for Removal:
(Table Insef)
VOTER'S SIGNATURE RESIDENCE D.O.B. V.R.# DATE
PRINTED ADDRESS SIGNED
NAME
STATE OF TEXAS §
COUNTY OF WICHITA §
, being duly sworn, deposes and says that
he/she is the circulator of the foregoing petition paper, and that the
signatures appended thereto were made in his/her presence, and are
the genuine signatures of the persons whose names they purport to be.
Signed
Subscribed and sworn to before me this day of ,
20
Notary Public"
Measure No. 5. That Section 26 of the City Charter shall be amended to read
as follows:
"Sec. 26. Filing the Recall Petition.
All papers and affidavits comprising a recall petition shall be assembled and
filed with the city clerk as one instrument, with a statement attached thereto giving
the names and addresses of three (3) electors, who, as a committee of the
petitioners, shall be officially regarded as filing the petition. Within thirty (30) days of
the date of filing a recall petition, the city clerk shall determine the sufficiency thereof
and attach thereto a certificate showing the result of his examination.
If the city clerk shall certify that the petition is insufficient he shall set forth in
the certificate the particulars in which it is defective and shall at once notify the
committee of the petitioners of his finding."
Measure No. 6. That Section 27 of the City Charter shall be amended to read
as follows:
"Sec. 27. Amendment of Recall Petition.
A recall petition may be amended at any time within twenty (20) days after the
making of the certificate of insufficiency by the city clerk, by filing a supplementary
petition upon additional papers issued, signed and filed as provided herein for an
original petition.
The city clerk shall, within thirty (30) days after such an amendment is filed,
make examination of the amended petition and, if his certificate shall show the
petition still to be insufficient, he shall file the petition in his office and notify the
committee of the petitioners of his finding. The finding of the insufficiency of a recall
petition shall not prejudice the filing of a new petition for the same purpose."
Measure No. 7. That Section 28 of the City Charter shall be amended to read
as follows:
"Sec. 28. Action on Recall Petition.
If a recall petition or amended petition shall be certified by the city clerk to be
sufficient, he shall at once submit it to the city council with his certificate to that
effect, and shall notify the member whose removal is sought of such action.
If the member whose removal is sought does not resign within five (5) days
after such notice, the city council shall thereupon order and fix a day for holding a
recall election. Any such election shall be held at the next uniform election day as
specified by state law."
Measure No. 8. That Section 33 of the City Charter shall be amended to read
as follows:
"Sec. 33. Limitation on Recall.
No recall petition shall be filed against the mayor or a councilor within three (3)
months after he takes office. A mayor or councilor may be subject to only one recall
election during a term of office."
Measure No. 9. That Section 34 of the City Charter shall be amended to read
as follows:
"Sec. 34. Meetings of the City Council.
At the next regular or special meeting following the regular municipal election,
the city council shall meet at the usual place for holding such meetings at which time
the first order of business shall be the canvassing of votes and swearing in of new
members.
Thereafter the city council shall meet at such time and place as may be
prescribed by ordinance, but not less frequently than once each month. Speciaf
meetings may be called by the mayor and shall be called by the city clerk upon the
written request of three (3) councilors or the city manager.
All meetings of the city council, and of committees thereof except as
hereinafter provided, shall be open to the public and the city council shall provide by
its rules that citizens shall have an opportunity to be heard at any such meeting in
regard to any matter considered, or to be considered, thereat.
Executive session of the city council may be held in accordance with state
law.
The city council shall be the judge of the election and qualifications of its
members, subject to review by the courts, but any councilor convicted of a felony
while in office shall thereby immediately forfeit his office. The city council may
determine its own rules of procedure, punish its members for disorderly behavior and
with the consent of five-sevenths (5/7) of afl the members, may expel a council
member.
A majority of all the members elected to the city council shall constitute a
quorum to do business, but a smaller number may adjourn from time to time."
Measure No. 10. That Section 38 of the City Charter shall be amended to
read as follows:
"Sec. 38. Mayor and Councilor Salaries.
The city council may, by ordinance, provide for the compensation of its
members to be paid in equal monthly installments. The salary of the mayor shall in
no event exceed the sum of five hundred dollars ($500.00) per month, and the salary
of each council member shall in no event exceed three hundred dollars ($300.00) per
month.
The mayor or any council member absent from a regular or regularly called
meeting of the city council, except on account of his own illness, or illness in his
immediate family, or absence from the city where excused by the city council prior to
such absence, shall forfeit two percent (2%) of his entire annual compensation for
each such absence."
Measure No. 11. That Section 41 of the City Charter shall be amended to
read as follows:
"Sec. 41. Certification of Initiative Petition.
An initiative petition to be sufficient shall be signed by registered voters of the
city in a number equal to or greater than ten (10) percent of those who voted in the
last preceding regular municipal election, and in no case by less than three thousand
(3,000) voters.
Within forty-five (45) days after the filing of a petition, the clerk shall ascertain
whether it is signed as provided in this section, and shall attach thereto a certificate
showing the result of his examination.
If, by the clerk's certificate, of which notice in writing shall be given to the
committee of the petitioners, the petition is shown to be insufficient, it may be
amended within fifteen (15) days of the date of such certificate by filing
supplementary petition papers with additional signatures. Within thirty (30) days after
such an amendment, the clerk shall make an examination of the amended petition,
and if his certificate shall show the same still to be insufficient, he shall file the
petition in his office and notify each member of the committee of that fact.
The final finding of the insufficiency of a petition shall not prejudice the filing of
a new petition for the same purpose.
If this section is in conflict with any state law, such state law shall prevail."
Measure No. 12. That Section 50 of the City Charter shall be amended to
read as follows:
"Sec. 50. City Clerk to Review Referendum Petition.
Within forty-five (45) days after the filing of a referendum petition, the city clerk
shall ascertain whether it is signed as provided in section 48 of this Charter and shall
attach to the petition a certificate showing the result of such examination, and shall
give notice thereof to the committee of the petitioners.
If by the city clerk's certificate the petition is shown to be insufficient, it may be
amended within fifteen (15) days from the date of such certificate by filing
supplementary petition papers with additional signatures. The city clerk shall, within
thirty (30) days after such an amendment, make a like examination of the amended
petition and certify the result thereof."
SECTION 3. The proposed measures to amend the Charter of the City of
Wichita Falls as proposed in Section 2 of this ordinance shall be submitted to the
qualified voters at this General-Special Election on May 13, 2006, on the ballot and
in the form of the following propositions. The numbers of the propositions shall
correspond to the number of the measures, and the words "yes" and "no" shall be
printed to the left of each proposition on the ballot.
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 fited with the city clerk in accordance with
state law?
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?
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 petitions 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?
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?
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?
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?
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?
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?
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?
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?
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?
Proposition No. 12. Shall Section 50 of the City Charter be amended to
extend the time allowed for the city clerk to review an amended referendum petition
from 15 days to 30 days?
SECTION 4. Furthermore, that this General-Special Election be held for the
purpose of submitting to the qualified voters the proposition of whether the City of
Wichita Falls may meet and confer under Section 142 Of the LOCAL GOVERNMENT
Co�E. The meet and confer proposition shall be submitted to the qualified voters on
the ballot in the following form, with the words "for" and "against" printed to the left of
the proposition on the ballot:
"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."
SECTION 5. Such election shall be held at the polling places with the election
judges and alternate election judges shown on Exhibit A, attached hereto for all
purposes. The polls for said election shall be open from 7:00 a.m. to 7:00 p.m.
SECTION 6. The City Clerk is expressly authorized to obtain election supplies
and equipment required by law and necessary to conduct said election.
SECTION 7. The judges and clerks shall be compensated at the rate of nine
dollars ($9.00) per hour. No judge or clerk shall be paid for more than one hour of
work before the polls open and no period of time subsequent to one hour after voting
is concluded by all voters offering themselves for voting during regular voting hours,
whichever is later. The judge who delivers the returns of the election shall be paid an
additional twenty-five dollars ($25.00), provided he/she also returns unused ballots,
election supplies, and ballot boxes when he/she makes delivery of the returns of the
election.
SECTION 8. iVotronic Voting System (Direct Recording Electronic {DRE})
equipment shall be used for voting at the foregoing election precincts, and electronic
counting devices and equipment shall be used for ' counting the ballots at said
election.
SECTION 9. The City Clerk is designated as the Early Voting Clerk. Early
voting shall be conducted at the Municipal Building, 1300 Seventh Street, Wichita
Falls, Texas. Optical scan ballots shall be used for early voting by mail, and iVotronic
(Direct Recording Electronic {DRE}) voting machines shall be used for early voting by
personal appearance. Early voting by personal appearance for the election shall
commence at 8:00 a.m. on May 1, 2006, and end at 7:00 p.m. on May 9, 2006. Early
voting by personal appearance shall be conducted during the regular business hours
of the City Clerk's Office each weekday from 8:00 a.m. until 5:00 p.m., except for the
final two days of the early voting period. On the final two days of early voting by
personal appearance, the City Clerk's regular business hours are hereby designated
as 7:00 a.m. until 7:00 p.m.
SECTION 10. An Early Ballot Board is hereby designated to canvass the
early votes cast by mail and provisional ballots. Iwilda Mitchell is duly appointed as
Presiding Judge of said Board, and she shall appoint such other members as
pCOVIdBd Ill the TEXAS ELECTION CODE, Section 87.002(b).
SECTION 11. The County Clerk's Office, located in the County Courthouse,
700 Seventh Street, Wichita Falls, Texas, is hereby established as the Central
Counting Station to receive and tabulate votes and ballots cast in said election.
SECTION 12. The following persons are hereby authorized and approved as
persons employed and designated to handle the ballots, operate the tabulating
equipment, count the ballots, and be present in the Central Counting Station:
a. Central Counting Station Presiding Judge - Gordon Wallace
b. Central Counting Station Manager - City Clerk Lydia Ozuna
c. Tabulation Supervisor — Sharon Kaufhold
d. Clerks - to be named by Presiding Judge.
e. Consultant for Election Systems & Software.
SECTION 13. A committee is hereby established of the following persons to
hold three computer accuracy tests. The first test shall be conducted at least 48
hours before the count of voted ballots. The second test shall be conducted
immediately prior to the start and the third test immediately subsequent to the count
of voted ballots to ascertain that the computer will accurately count the votes cast for
the offices to be voted upon in said election:
a. Gordon Wallace
b. Lydia Ozuna
c. Sharon Kaufhold
d. Consultant for Election Systems & Software, as needed.
SECTION 14 . The election materials as outlined in Section 272.005, TExas
ELECTION CODE shall be printed in both English and Spanish for use at the polling
places and for early voting for said election.
SECTION 15. The Mayor is authorized to sign an Order of Election and a
Notice of General-Special Municipal Election prescribed by the State of Texas and
attached hereto. The Notice of General-Special Municipal Election shall be
published in accordance with the provisions of the TExas E�ECT�oN Co�E and the City
Charter.
SECTION 16. 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 the 21 day of February, 2006.
� �
ATTEST: M A Y O R
ity Clerk
Exhibit A
CITY OF WICHITA FALLS
SPECIAL MUNICIPAL ELECTION
MAY 13, 2006
4 � �� �
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�1�� 40, 43 ���� Sam Houston School Irene Wallace �� � � �
2500 Grant Street Don Huston
2 35, 36, 41 Region IX Education Center Eula Robinson
301 Loop 11 Cheryl Craig
3 45 Crockett School Steve Draper
3015 Avenue I Betty Welch
4 37, 38 Martin Luther King Center Louise Dibble
1100 Smith May Green
5 30, 34 Washington/Jackson Lallora Taylor
1300 Harding Tommie Walker
6 31 WFISD-Education Center Wanda Lame
ll 04 Broad Street Celia Davis
7 10, 12 M.S.U. Hardin Admin. Bldg. Barbara Dorman
3400 Taft Mildred Dinnin
8 42, 44 Cunningham School Ann Harper
4107 Phillips Sue Nunn
9 11, 46 Jefferson School Lisa Talley
4628 Mistletoe Dr Barbara Holley
10 16 Fowler School John Enriquez, Jr.
5100 Ridgecrest Ruby Selvidge
11 18 TXDOT-W.F. Training Ctr. Nel Enriquez
1601 Southwest Parkway Mary Hurley
12 15 Fain School Sue Ramser
1562 Norman Dewayne Robertson
13 13 McGaha School Bill Fortune
1615 Midwestern Parkway Dot Fortune
14 20, 32, 39 City View High School Vernon Cannon
1600 City View Drive Annella Evans
15 21, 22 Kate Haynes School Ella Mae Smith
1705 Katherine Wanda Williams