Ord 34-2020 Ordering the November 2020 General-Special Election for Council and Charter Amendments 6/16/2020Ordinance No. 34-2020
Ordinance authorizing a joint general -special municipal election be
held on November 3, 2020, for the purposes of electing a Mayor,
Councilor District 3, Councilor District 4, and Councilor District 5;
further, submitting proposed amendments 1-8 to the City Charter be
submitted to the voters during said election; setting forth the
proposed amendments and prescribing the form of the propositions,
and ordering a Runoff Election, if needed
WHEREAS, in accordance with the Texas Election Code, the Texas Local
Government Code, Constitution of the State of Texas, City Charter and general laws, a
General -Special Election is hereby called and ordered for November 3, 2020.
WHEREAS, the City Council desires to call for a General -Special Municipal
Election to be held on November 3, 2020, for the purpose of electing a Mayor, Councilor
District 3, Councilor District 4, and Councilor District 5, as well as submitting proposed
amendments 1-8 to the City Charter to the voters during said election; and,
WHEREAS, by this ordinance, the City Council sets forth the proposed Charter
amendments, and prescribes the form of the propositions.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
SECTION 1. A Joint General -Special Municipal Election is hereby ordered to be
held on the 3rd day of November, 2020, for the purposes of electing a Mayor, Councilor
District 3, Councilor District 4, and Councilor District 5; further, submitting proposed
amendments 1-8 to the City Charter be submitted to the voters during said election.
SECTION 2. The City Clerk is hereby authorized to contract with Wichita County
for the purpose of having the County furnish all or any portion of the election services and
equipment needed to conduct the election, and to obtain necessary election supplies. An
electronic voting system, as defined in Chapter 121 of the Texas Election Code, shall be
used for voting at the regular polling places and for counting the ballots and the tabulation
of the results at the central counting station.
SECTION 3. The Wichita County Clerk is designated as the Early Voting Clerk.
Early voting shall be conducted at locations and hours established by Wichita County.
The main Early Voting polling location will be located at the Wichita County Courthouse,
900 7t" Street, Room 139, Wichita Falls, TX 76301, and applications for ballot by mail
should be mailed to: Wichita County Clerk, Early Voting Clerk, 900 7t" Street, Room 250,
Wichita Falls, TX 76301.
SECTION 4. The hereinafter -described proposed amendments to the City Charter
of the City of Wichita Falls shall be submitted to the voters during the General -Special
Municipal Election to be held on November 3, 2020.
Measure No. 1. That Sections 1, 2, 7, 8, 10, 21 a, 36, 44, 46, 57, 64, 65, 66, 71,
72, 73, 75, 82, 91, 98, 106, and 107 of the City Charter shall be amended so that such
sections shall read as follows:
"Sec. 1. - Incorporation.
The inhabitants of the City of Wichita Falls, within the boundaries herein stated, or
within such boundaries as may hereinafter be established, shall be a body politic and
corporate under the name of "The City of Wichita Falls," and as such shall have perpetual
succession, may use a common seal, may sue and be sued, contract and be contracted
with, may plea and be impleaded in all courts and places in all matters whatever.
The government for the City of Wichita Falls shall be known as the Council -
Manager form of government.
All powers and authority, including determination of all matters of policy, which are
expressly or by implication conferred on or possessed by the City, must be vested in and
exercised by the City Council. The city council shall set policy for the city by the enactment
of ordinances, the passage of resolutions, the adoption of a budget and the passage of
such other rules as necessary to establish city policy under the laws and Constitution of
the State of Texas.
The City Manager shall execute policy by serving as the chief city administrator
and conducting the day-to-day operations of the city."
"Sec. 2. - Boundaries.
The boundaries of the City of Wichita Falls, Texas, shall be the same as have
previously been established, as of this date, which boundaries are more fully set out on
an official map recorded in the official minutes of the city, to be kept in the office of the
City Clerk, and here referred to for a more complete metes and bounds description. The
boundaries of the City may be altered by extension through annexation or contraction
through disannexation by one of the methods described in the following section."
"Sec. 7. - Express corporate powers.
The City of Wichita Falls shall have the power:
(a) To acquire property, within or without the city, in fee simple or lesser interest
or estate, by purchase, gift, devise appropriation, lease, or lease with privilege to
purchase, for any municipal purpose and may sell, lease, hold, manage, and control such
property as though a natural person;
(b) To furnish all local public service of whatever nature;
(c) To purchase, hire, construct, own, maintain, and operate or lease local
public utilities, and to acquire by condemnation or otherwise, within or without the
corporate limits, property necessary for any such purpose;
(d) To grant local public utility franchises and regulate the exercise thereof;
(e) To assess, levy and collect taxes for general and special purposes on all
subjects or objects which the city may lawfully tax;
(f) To borrow money on the faith and credit of the city by the issue or sale of
bonds or notes of the city;
(g) To appropriate the money of the city for all lawful purposes;
(h) To create, provide for, construct, regulate and maintain all things in the
nature of public work and improvements;
(i) To levy and collect assessments for local improvements on property
benefited thereby;
0) To license and regulate persons, corporations and associations engaged in
any business, occupation, profession or trade;
(k) To define, prohibit, abate, suppress and prevent within the City, and for a
distance of five thousand (5,000) feet outside its limits, all nuisances and causes thereof
and all things detrimental to the health, morals, safety, convenience and welfare of its
inhabitants;
(1) To make all needful regulations, applicable within and without the city, for
securing and preserving the purity of its water supply;
(m) To provide for such inspection service within and without the city as may be
necessary to ensure the purity and wholesomeness of food products sold within the city;
(n) To do all things necessary or desirable to secure and promote the public
health;
(o) To regulate the construction, location, height and material used in all
buildings and the maintenance and occupancy thereof;
(p) To regulate and control the use, for whatever purpose of the streets and
other public places of the city;
(q) To create, establish, organize and abolish departments and offices, and fix
the salaries and compensation of all officers and employees;
(r) To make and enforce local public safety, sanitary and other regulations;
(s) To fund projects which promote the economic development of the city;
(t) To pass such ordinances as may be expedient for maintaining and
promoting the peace, safety, good government and welfare of the city and for the
performance of the functions thereof;
(u) To exercise in addition to the powers enumerated in this section, all powers
that now are, or hereafter may be, granted to municipalities by the constitution or laws of
the State of Texas; and all the powers of the city whether expressed or implied, shall be
exercised and enforced in the manner prescribed in this Charter, or when not so
prescribed then in such manner as may be provided by ordinance or resolution of the city
council;
(v) To have and exercise all of the powers, rights, privileges and immunities of
every character and description whatsoever conferred upon and granted to cities of more
than five thousand [5,000] inhabitants to adopt and amend their charters by Chapter 147,
page 307, of the General Laws of Texas passed by the thirty-third Legislature of said
State in 1913, and approved April 7th, 1913, as well as any and all amendments which
may be adopted."
"Sec. 8. - Other corporate powers.
The enumeration of powers by this Charter shall not be held to be deemed to be
exclusive but, in addition to the powers enumerated herein or appropriate to the exercise
thereof the city shall have, and may exercise, all other powers, which, under the
constitution and laws of Texas, it would be competent for this Charter specifically to
enumerate, it being the intention hereof that the powers of the City of Wichita Falls shall
extend to all matters of local and municipal government."
"Sec. 10. - Membership of the city council.
The city council shall consist of a mayor and six councilors, whose terms,
qualifications, and method of election shall be prescribed in the Code of Ordinances,
Chapter 2, Administration."
"Sec. 21a. - 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 a flip of a coin 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."
"Sec. 36. - The city clerk.
The city council shall choose a city clerk who shall also be clerk of the city council.
The city clerk shall perform the duties imposed upon him by this Charter and such other
duties as may be imposed by the city council."
"Sec. 44. - Initiative election.
Upon receiving the certificate and certified copy of the proposed measure, as
provided in the foregoing section, the city clerk shall certify the fact to the city council at
its next regular meeting.
The city council shall call an election on the measure at the earliest date authorized
by the Texas election laws.
Any such measure approved by a majority of the electors voting thereon shall be
considered adopted and shall take effect at the time indicated therein."
"Sec. 46. - Referendum.
The electors shall have power at their option to approve or reject at the polls any
ordinance or resolution passed by the city council or submitted by such city council to a
vote of the electors, such power being known as the referendum; provided, however, that
such right of referendum shall not apply to ordinances or resolutions passed by the city
council authorizing the issuance of bonds voted by the resident qualified voters of the city.
Measures submitted to the city council by initiative petition and passed by the city
council without change or passed in an amended form and not required by the committee
of petitioners to be submitted to a vote of the electors shall be subject to the referendum
in the same manner as other measures."
"Sec. 57. - City manager appointment and dismissal.
The city manager shall be chosen solely on the basis of his executive and
administrative qualifications, and need not, when appointed be an inhabitant of the city or
state.
The city manager shall not be appointed for a definite term, but shall be removable
at the pleasure of the city council. If removed at any time after he has served six (6)
months he may demand written charges and the right to be heard at a public meeting of
the city council prior to the date on which his final removal shall take effect. Pending and
during such hearing the city council may suspend him from office. The action of the city
council in suspending or removing the city manager shall be final, it being the intention of
this charter to vest all authority and fix all responsibility for any such suspension or
removal wholly in the city council.
In case of the absence or disability of the manager, the city council shall designate
some qualified person to perform the duties of the office. The city manager shall receive
such compensation as may be fixed by the city council."
"Sec. 64. - Department of law —city attorney.
The city attorney shall have practiced as an attorney at law for at least two (2)
years in the State of Texas. He shall be chief legal advisor of, and attorney for the city.
He shall attend all meetings of the city council, and when so requested, shall give
advice in writing to the city council, the city clerk, the city assessor and collector and all
other officers of said city and the city manager. He shall prosecute or defend, as the case
may be, all suits or cases to which the city is a party. He shall attend sessions of the
municipal court, either in person or by deputy, and prosecute all persons charged with
offenses. He shall approve the form of all official bonds, and of all contracts to which the
city is a party, and render such other professional legal service as may be required by the
city council."
"Sec. 65. - Department of finance.
The city manager shall have the power to appoint a chief financial officer and
director of finance to have supervision over the department of finances and to administer
the financial affairs of the city, including the levy, assessment and collection of taxes, or
other revenues, and the custody and disbursement of city funds and money."
"Sec. 66. —Chief financial officer and Director of finance.
The chief financial officer and director of finance shall keep accounts showing the
financial transactions for all city departments, divisions and offices.
Forms for such accounts shall be prescribed by the director of finance and shall
be adequate to record all cash receipts and disbursements, all revenues accrued and
liabilities incurred, and all transactions affecting the acquisition, custody and disposition
of values, and to make such reports of the financial condition and transactions of the city
as may be required by the city manager or city council."
"Sec. 71. - Non -appropriated revenues.
Any accruing revenue of the city, not appropriated as hereinbefore provided and
any balance remaining after the purposes of the appropriation shall have been satisfied
or abandoned, may be appropriated by the city council to such uses as will not conflict
with any uses for which specifically such revenues accrued, and where not in conflict with
the constitution and laws of this State, or other provisions of this Charter."
"Sec. 72. - Unauthorized expenditures.
No money shall be drawn from the treasury of the city, nor shall any obligation for
the expenditure of money be incurred, except pursuant to appropriations made by the city
council.
At the close of each fiscal year the unencumbered balance of each appropriation
shall revert to the fund from which it was appropriated and shall be subject to future
appropriations. Appropriations may be made in furtherance of improvements or other
objects or works of the city which will not be completed within the current year."
"Sec. 73. - Ordinance to levy taxes.
Not later than one (1) week after the passage of the appropriation ordinance the
city council shall by ordinance levy such taxes as may be necessary to meet the
appropriations made (less the estimated amount of revenue from other sources), and to
provide all sums required by this Charter to be raised on account of the bonded
indebtedness of the city and for all other purposes. In fixing such tax rate the city council
shall designate what portion of the total is for such bonded indebtedness, and shall also
designate what portions of the total are levied for other specific purposes.
The portion of the tax rate designated for the city's bonded indebtedness shall be
adequate to provide sufficient revenue to meet the requirements of interest and provide
the necessary sinking fund to pay the principal of such bonds at maturity.
Any tax payer of the city or holder of any bonds of said city may file suit in the
district court of Wichita County to enforce the foregoing requirements, and, if upon such
suit, it be found that the portion of the tax rate for the bonded indebtedness is inadequate
the court shall order and fix an adequate rate as provided. If in any year the revenue from
taxation shall be inadequate to meet the requirements of interest and provide the
necessary sinking fund of such bonded indebtedness for such year, the city council shall
by revision of its appropriations for general city purposes provide sufficient funds to meet
any such deficiency, and any taxpayer or holder of any of its bonds may file suit in the
court above mentioned to compel the city council to carry out this requirement."
"Sec. 75. - Borrowing of money.
The city council shall have the authority by ordinance to borrow money on the
credit of the city and issue bonds therefor for permanent improvements and for any other
lawful municipal purpose, including the purchase of fire fighting equipment, as may be
determined by the city council, providing that no bonds shall be authorized unless the
proposition for the issuance thereof has been approved by the majority of the qualified
voters of the city voting at an election held for said purpose. Such election shall be ordered
by the city council and notice thereof shall be given in the manner and for the length of
time provided by the general laws of Texas applicable to cities and towns. Except as
otherwise provided by laws relating to the issuance of bonds by cities and towns such
election shall be held and conducted in accordance with the laws of the State of Texas
governing general elections. The foregoing provisions requiring an election on the
proposition for the issuance of bonds shall not apply to funding or refunding bonds issued
or to be issued for the purpose of funding or refunding any valid indebtedness or any valid
outstanding bonds of the City of Wichita Falls provided that such refunding bonds shall
not bear interest at a rate exceeding the rate borne by the bonds thus refunded. All such
bonds shall be issued in the manner provided by the general laws of Texas applicable to
cities and towns.
The city council is authorized to issue, by ordinance, such other bonds, notes and
obligations for municipal purposes as are authorized by the Constitution and laws of the
State of Texas, subject to the procedures and limitations established thereby."
"Sec. 82. - Assessment of railroad property.
All property of railroad companies of whatever description lying and being within
the City of Wichita Falls on the first day of January of each year shall bear its proportionate
share of municipal taxation, and, if any such property shall not have been rendered for
taxation for any year, the same shall be assessed and taxes collected thereon in the same
manner as provided for other unrendered property of previous years."
"Sec. 91. - Tax sales purchases.
When any property, real or personal, is sold to enforce the collection of taxes the
City of Wichita Falls shall not become the purchaser unless no one else is present who
will purchase the same and pay the full amount due the city, including all costs and
penalties, and it is hereby made the duty of the city attorney or the person acting as such
to attend all sales and bid therefor for the city, and upon such sale the officer making the
same shall execute to the city or other purchaser proper evidence of the title and place
the purchaser of personal property in possession."
"Sec. 98. - Council's failure to levy taxes.
If the city council shall fail, refuse, or neglect to pass an ordinance levying the taxes
for any year, the ordinance last passed levying taxes shall be considered in force and a
failure to pass such ordinance shall not invalidate the collection of any taxes."
"Sec. 106. - Payment of city monies.
No claim against the city shall be paid except upon a voucher certified by the head
of the appropriate department, division or office of the city government, and by means of
a warrant on the city treasury, issued by the chief financial officer and director of finance
and countersigned by the city manager.
The chief financial officer and director of finance shall examine all payrolls, bills,
and other claims and demands against the city, and shall issue no warrant for payment
unless he finds that the claim is in proper form, correctly computed and duly certified; that
an appropriation has been made therefore [therefor] which has not been exhausted; that
the payment has been otherwise legally authorized, and that there is money in the city
treasury to make payment. He may require any claimants to make oath to the validity of
a claim. He may investigate any claim, and for such purposes may examine witnesses
under oath. If he finds a claim to be fraudulent, erroneous, or otherwise invalid, he shall
not issue a warrant therefor."
"Sec. 107. - Annual audit.
The city council may at any time provide for an examination or audit of the accounts
of any officer or department of the city government. The city council shall provide for an
independent annual audit of all city accounts and may provide for more frequent audits
as it deems necessary. Such independent audits shall be made by a certified public
accountant or firm of such accountants who have no personal interest, direct or indirect,
in the fiscal affairs of the city government or any of its officers. If the state makes such an
audit, the city council may accept it as satisfying the requirements of this section."
Measure No. 2. That Sections 3b, 3c, 20, 37, 67, 74, 75, 83, 102, 104, 130, and
131 of the City Charter shall be amended so that such sections shall read as follows:
"Sec. 3b. - Annexation on petition of owners.
Territory may be annexed to the City upon presentation of a petition as authorized
by the laws of the State of Texas."
"Sec. 3c. - Disannexation of territory.
Territory lying within the boundary limits of the City may be disannexed from the
City as authorized by the laws of the State of Texas."
"Sec. 20. - Notice of election by publication.
Notice of the election, and the polling places, shall be published by the city clerk
as specified in the Texas election laws."
"Sec. 37. - Ordinances and resolutions.
Each proposed ordinance or resolution shall be introduced in written or printed
form and except ordinances or resolutions making appropriations shall not contain more
than one subject which shall be clearly expressed in the title.
The vote upon the passage of all ordinances and resolutions shall be taken by
"yeas" and "nays" and entered upon the minutes of the city council and every such
ordinance or resolution shall require for passage the affirmative vote of a majority of all
the members of the city council. No council member shall be excused from voting except
on matters involving the consideration of his own official conduct, or where his financial
interests are involved.
As soon as practical after the close of each fiscal year all ordinances passed during
the previous year shall be compiled by the city clerk and printed in such form as may be
directed by the city council."
"Sec. 67. - Submission of annual budget.
Prior to the end of each fiscal year the city manager shall prepare and submit to
the city council a budget of the expenditures and revenues of all city departments,
divisions, and offices for the next ensuing fiscal year. In the preparation and submission
of such budget the city manager shall be governed by the general laws of the State of
Texas, relating to the preparation and submission of budgets by cities and towns of the
State.
The city council shall provide a reasonable number of copies of the budget for
distribution to citizens who may request copies thereof. Copies shall be furnished in
accordance with the laws of the State of Texas."
"Sec. 74. - Ad valorem taxes.
The city council shall have the power and is hereby authorized to assess, levy and
collect ad valorem taxes on each one hundred dollars ($100.00) of assessed valuation of
property situated in the city not exempt from taxation by the Constitution and the laws of
the State of Texas, in the amounts and for the purposes as follows:
(a) To pay the general governmental operation expenses of the city for general
improvements of the city and its property, including a public library, roads, bridges,
streets, public parks, cemeteries, and other governmental purposes authorized by state
law.
(b) To pay the principal of and interest on bonds of the city hereto authorized,
and hereafter authorized, by the qualified voters of the city, or as otherwise authorized by
state law.
Providing that the total amount of ad valorem taxes thus authorized to be levied
shall never exceed in any one year an amount as authorized by the laws of the State of
Texas."
"Sec. 83. - Tax liens.
The annual assessment of taxes made by the City of Wichita Falls upon landed
property shall be a special lien, and all property, both real and personal, belonging to any
delinquent taxpayer shall be liable to seizure and sale for the payment of all taxes and
penalties due by such delinquent; provided that the homestead of such delinquent shall
only be liable for the taxes due thereon.
All real property in the City of Wichita Falls on the first day of January of each year
and subject to taxation by said city, shall stand charged with a special lien in favor of the
city for all taxes levied against the owner during the year, superior to all mortgages and
other liens, except the liens for the state and county taxes, and all persons purchasing
the same after the first day of January of any year shall take the same subject to such
lien, and the city may intervene in any suit for the foreclosure of any other lien and assert
its right or may institute an independent suit and make all mortgages and lien holders and
subsequent purchasers parties for the purpose of enforcing its lien, or recovering personal
judgment for its taxes; and the said city shall be authorized and it is hereby made the duty
of the city assessor and collector to file the proper statement of the taxes in any court of
bankruptcy administering the estate of any bankrupt taxpayer.
In all cases where a taxpayer makes an assignment of his property for the payment
of his debts, or where his property is levied upon by creditors by writs of attachment or
otherwise, or where the estate of a decedent has become insolvent and the taxes
assessed against such in whole, the amount of such unpaid taxes shall be paid pursuant
to the laws of the State of Texas."
"Sec. 102. - Collection and deposit of city monies.
All taxes, special assessments, license fees and other revenues accruing to the
city shall be collected pursuant to the laws of the State of Texas. All money received by
any officer or employee of the city for or in connection with the business of the city shall
be paid promptly into the city treasury and shall be deposited with the depository of said
city as provided by the laws of this state. All interest on money so deposited shall accrue
to the benefit of the city and shall be paid into the general fund of said city. The city council
shall provide by ordinance for the prompt and regular payment and deposit of all city
monies as required by this action."
"Sec. 104. - Awarding public works contracts.
Any public work or improvement may be executed either by contract or by direct
labor as may be determined by the city council. Before authorizing the direct execution of
any work or improvement, detailed plans and estimates thereof shall be available to the
city council; and there shall be separate accounting as to each work or improvement so
executed.
All such contracts for any public work or improvement for an amount more than the
amount specified by state law for the taking of sealed competitive bids, shall be awarded
pursuant to state law, after public advertisement and competition as required by state law;
but the city manager or the city council shall have power to reject all bids and to advertise
again.
All advertisements as to contracts shall contain a reservation of the foregoing right.
Contracts for public works and improvements shall be signed by the city manager after
approval by the city council."
"Sec. 130. - Municipal court.
The City Council may create, maintain, and abolish such municipal courts,
including municipal courts of record, as authorized by the laws of the State of Texas."
"Sec. 131. - Open records.
Subject to the provisions of Texas Government Code Chapter 552 and any
successors, all accounts and records of every office and department of the city must be
open to the public at all reasonable times, except records and documents from which
Texas Government Code Chapter 552 and any successor may allow to be withheld."
Measure No. 3. That Section 31 of the City Charter be amended so that such
sections shall read as follows:
"Sec. 31. - Council action on recall election.
If a majority of the votes cast on the question of recalling the mayor or a councilor
be against his recall he shall continue in office for the remainder of his unexpired term. If
a majority of such votes be for the recall of the officer designated on the ballot he shall,
regardless of any defects in the recall petition, be deemed removed from office. When the
mayor or a councilor is removed from office by the recall, the place thus made vacant
shall be filled as hereinbefore provided for filling vacancies arising from other causes."
Measure No. 4. That Section 60 of the City Charter be amended so that such
sections shall read as follows:
"Sec. 60. - Administrative code.
There shall be a department of law, a department of finance, a department of
health, and such other departments and offices as may be established by ordinance.
Except as otherwise provided in this Charter, the city council shall by ordinance
prescribe and define the functions of all departments and offices and may abolish any
department or office established by ordinance or transfer its duties in whole or in part to
any other department or office. In establishing departments and offices, providing for their
organization and defining and distributing their functions, the city council shall pass a
general ordinance with the title "An ordinance to establish an administrative code." After
the passage of such ordinance, which shall thereafter be known as "The Administrative
Code," all subsequent changes made by the city council in the number, functions and
organization of departments and offices, shall be in the form of amendments or additions
thereto. The purpose of the foregoing requirements is that the city council shall provide a
comprehensive and systematic plan of administrative organization for the city, and that
all facts of the city council relating thereto may be found in one ordinance."
Measure No. 5. That Section 89 of the City Charter be amended so that such
sections shall read as follows:
"Sec. 89. - Evidence requirements in tax suits.
In all suits for the collection of taxes which have been or which may be levied upon
the tax rolls of said city a certified statement made by the assessor and collector shall be
prima facie evidence of the truth of all recitation and facts shown by said rolls and shall
be held to be sufficient proof (subject to rebuttal only by pleading and proof by defendant)
of the following facts:
(a) That the person, firm or corporation shown to be a taxpayer was such and
owned the property listed for each year shown on the statement if the suit
seeks to enforce personal liability or is the current owner if the suit seeks to
foreclose the tax lien and that such property was subject to taxation in said
city.
(b) That the taxes due upon such property were duly and legally levied for the
purpose shown in such rolls and that the same are valid and unpaid.
(c) That all acts and proceedings required by law or by ordinance of said city in
the manner for rendering, appraising and fixing the values upon said
property and the giving of all notices to such taxpayers have each and all
been performed and complied with at the time and in the manner and form
required and that all things that might be construed as conditions precedent
to the lawful demand upon such taxpayers to pay the amount of taxes in
such rolls shown to be due by him or them have been performed at the time
and in the manner required by law, provided that in the event that defendant
shall show that his property was voluntarily rendered by him, and that the
valuation of the same was subsequently changed by the assessor or board
of equalization without notice to him or his agent, or shall show that the said
rate of taxation for any purpose was to any extent illegal, judgment shall
thereupon be rendered against him for the proper amount due based upon
the value of his property as rendered by him and the amount of tax which is
found to be legal."
Measure No. 6. That Section 103 of the City Charter be amended so that such
sections shall read as follows:
"Sec. 103. - Long term contracts.
No continuing contract (which involves the payment of money out of the
appropriations of more than two (2) years), except public utility franchises, shall be made
unless approved by the city council by a vote of at least four -fifths (4/5) of the members
of the Council or by submission to the voters of the city at a regular or special election
and the approval of a majority of those voting thereon."
Measure No. 7. That Section 132 of the City Charter be amended so that such
sections shall read as follows:
"Sec. 132. - Conflicts of interest.
Should any member of the City Council have a conflict of interest pursuant to any
State laws or municipal ordinances regulating conflict of interest of municipal officers, with
an agenda item then before the City Council, he will openly declare same before
discussion proceeds, and he will be prohibited from discussing the item or voting on the
question if such is required by State law. Said member of the City Council will also file the
appropriate conflict of interest paperwork prior to said meeting with the City Clerk as
required by State law.
No member of the City Council shall enter into a written contract with the city where
the city council member will receive a financial benefit, nor will the city enter into a written
contract with a company owned wholly, or in part, by a member of the city council or that
employs a member of the city council.
Any willful violation of this section shall constitute malfeasance in office, and any
member of the city council, officer, or employee found guilty thereof shall thereby forfeit
his office or position. Any violation of this section with the knowledge, expressed or
implied, of the person or corporation contracting with the city, shall render the contract
involved voidable by the city manager or city council."
Measure No. 8. That Section 35 of the City Charter be amended so that such
sections shall read as follows:
"Sec. 35. - The mayor.
The mayor shall have all the powers and shall be subject to all the duties conferred
on or required of other members of the city council by this Charter. He shall preside at
meetings of the city council and perform such other duties consistent with his office as
may be imposed thereby.
He shall be recognized as the official head of the city for all ceremonial purposes,
by the courts for the purposes of serving civil processes, and by the Governor for military
purposes.
In time of public danger or emergency, he may, with the consent of the city council,
take command of the police, maintain order and enforce laws.
During the absence or disability of the mayor, the mayor's duties shall be
performed by the Mayor Pro-Tem, who shall be a councilor as prescribed in Chapter 2,
Administration, of the Code of Ordinances."
SECTION 5. The proposed measures to amend the Charter of the City of Wichita
Falls as proposed in Section 4 of this ordinance shall be submitted to the qualified voters
at this general -special election on November 3, 2020, on the ballot and in the form of the
following propositions. The number 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 Sections 1, 2, 7, 8, 10, 21 a, 36, 44, 46, 57, 64, 65, 66,
71, 72, 73, 75, 82, 91, 98, 106 and 107 of the City Charter be amended for the purposes
of modernization and clarification of language?
Proposition No. 2. Shall Sections 3b (annexation), 3c (disannexation), 20
(notice of election), 36 (city clerk), 37 (ordinances and resolutions), 67 (annual budget
submission), 74 (ad valorem taxes), 75 (borrowing of money), 83 (tax liens), 102
(collection and deposit of city monies), 104 (awarding public works contracts), 130
(municipal court), and 131 (open records) of the City Charter be amended for the purpose
of bringing such sections into harmony with Texas state law?
Proposition No. 3. Shall Section 31 of the City Charter be amended to provide
that if a majority of the votes cast on the question of recalling the mayor or a councilor be
against his recall he shall continue in office for the remainder of his unexpired term;
further, if a majority of such votes be for the recall of the officer designated on the ballot
he shall, regardless of any defects in the recall petition, be deemed removed from office;
and further, when the mayor or a councilor is removed from office by the recall, the place
thus made vacant shall be filled as hereinbefore provided for filling vacancies arising from
other causes.?
Proposition No. 4. Shall Section 60 of the City Charter be amended to remove
the requirement that three physical copies of the Administrative Code be prepared in book
form?
Proposition No. 5. Shall Section 89 of the City Charter be amended so as to set
out, in clean and modern language, the evidence requirements in tax suits?
Proposition No. 6. Shall Section 103 of the City Charter be amended so that any
contract longer than two years in duration must either be approved by a four -fifths majority
of the City Council or by a vote of the citizens?
Proposition No. 7. Shall Section 132 of the City Charter be amended so that
should any member of the City Council have a conflict of interest pursuant to any State
laws or municipal ordinances regulating conflict of interest of municipal officers, with an
agenda item then before the City Council, he will openly declare same before discussion
proceeds, and he will be prohibited from discussing the item or voting on the question if
such is required by State law; further, said member of the City Council will also file the
appropriate conflict of interest paperwork prior to said meeting with the City Clerk as
required by State law?
Further, shall no member of the City Council enter into a written contract with the
city where the city council member will receive a financial benefit, nor will the city enter
into a written contract with a company owned wholly, or in part, by a member of the city
council or that employs a member of the city council?
Further, shall any willful violation of this section constitute malfeasance in office,
and any member of the city council, officer, or employee found guilty thereof shall thereby
forfeit his office or position? Further, shall any violation of this section with the knowledge,
expressed or implied, of the person or corporation contracting with the city, render the
contract involved voidable by the city manager or city council?
Proposition No. 8. Shall Section 35 of the City Charter be amended so that the
mayor pro-tem shall be chosen pursuant to Chapter 2, Administration, of the Code of
Ordinances?
SECTION 6. 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 7. The Mayor is authorized to sign the Order of Election and Notice of
Election prescribed by the State of Texas. The Notice of Election shall be published in
accordance with the provisions of the Texas Election Code and City Charter.
SECTION 8. Any candidate receiving a majority of all the votes cast for the office
for which he or she is a candidate shall be elected to such office. In the event of a tie or
that no candidate receives a majority of all votes cast for the office sought, a run-off
election shall be held.
PASSED AND APPROVED this the 16th day of June, 2020.
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ATTEST:
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City Clerk