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Min 02/03/1928Wichita Falls, Texas. idemorial Auditorium Building, February 3rd, 19�.18. the Board of Aldermen of the City of Wichita Falls met in regular recessed session at 3:00 P. M. on the above date with the following members present: R. E. Shepherd, Liayor, Oral Jones, Q J. W. Hunt, Q A. W. King, Q Aldermen, P. B. Curd, Q Roy E. Carter Q W. E. Mc3room, City Clerk, Thelbert P;Iartin, City Attorney. The report of the Committee appointed by the mayor on Jan- uary 30th to draft other needed amendments to the City Charter was read by E. M. Mann, Chairman. After careful consideration of the re- port it was moved by Alderman hunt and seconded by Alderman King that the Board of Aldermen pass a resolution giving notice of its intention to pass an ordinance submitting amendments to the present charter of the City of Wichita Falls, Texas: The motion carried by the following vote: Yeas: Aldermen Jones, Hunt, king, Curd and Carter. Nays: None. Thereupon the following resolution was adopted: A RESOLUTION PROVIDING THAT NOTICE BE GIVEN OF THE INTENTION OF THE BOARD OF ALDERT.MN OF THE CITY OF WICHITA FALLS, TEXAS, TO SUBMIT TO THE QUALIFIED VOTERS OF THE CITY, FOR APPROVAL OR REJECTION, AI.4END- MENTS TO THE EXISTING CHARTER OF THE CITY OF 1ICHITA FALLS, TEXAS, WHEREAS, the Board of Aldermen of the City of Wichita Falls, Texas, deems it advisable at this time to submit to the qualified voters of the City of Wichita Falls, amendments to the existing charter; and 1,HEREAS, the city charter of the said city has not been altered or amended within two years next preceeding this date; THEREFORE, BE IT RESOLVED BY THE B0.'.RD OF ALDER/IEN OF THE CITY OF WICHITA FALLS, TEXAS: SECTION 1: That it is the intention of said Board of Aldermen to pass an ordinance on the 27th day of February, 1938, for the purpose of submitting to the qualified voters of said city, at an election to be held for that purpose, the following amendments to the existing charter: AI,'fENDITENT NO. 1: To amend Section 68 of the City Charter of the City of Wichita calls, Texas, so as to hereafter read as follows: SECTION 38. The Board of Aldermen may, by ordinance, provide for the compensation of its members to be paid in equal monthly install- ments. The salary of the mayor shall in no event exceed the sum to Twenty-five bollars per month. he slary of each Alderman shall in no event exceed Ten Dollars per month. Until the adoption of an ordinance fixing such compensation aforesaid, the salary of the mayor shall be Twenty-five :collars per month, and the salary of each of the aldermen shall be -'en Dollars per month. The Mayor or any alderman absent from a regular or regularly called meeting of the 3oard of Aldermen, except on account of his own illness, or illness in his immediate family, or absence from the city where excused by the 3oard of hldermen prior to ENDi.iEN'1' NO. 2. To amend election 56 of the City Charter of the City of t,ichita calls, Texas, so as to hereafter read as follows: "SECTION 56. The Board of Aldermen shall appoint a City Manager, who shall have the powers and perform the duties herein con- ferred on and required of the City manager by this Charter." AMENDMENT NO. 3. To amend ;;ection 57 of the City Charter of the City of „ichita _'alls, Texas, so as to hereafter read as follows: "SECTION 57. 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 i:anager shall not be appointed for a definite term, but shall be removable at the pleasure of the oard of ;ldermen. if removed at any time after he has served six months he may demand written charges and the right to be heard thereon at a public meeting of the Board of .:ldermen prior to the date on which his final removal shall tabe effect, out pending and during such hearing the Board of Aldermen may suspend nim from office. The action of the 3oa rd of Aldermen in suspending or removing the City Manager shall be final, it beinG the intention of this charter to vest all authority and fix Lill responsibility for any such suspension or re- moval wholly in the Board of Aldermen. In case of the absence, or dis- ability of the manager, the 3oard of Aldermen shall designate some qualified person to perform the duties of the office. The manager shall receive such conpensation as may be fixed by the Board of Aldermen". AMENDMENT N0. 4. To amend Section 61 of the City Charter of the City of Wichita Falls, Texas, so as to hereafter read as follows: "SECTION 61. A City Attorney shall be appointed by the Board of Aldermen, without definite term, and may be removed at the pleasure of such board. lie shall appoint, and may remove, such assistants and subordinates as the Board of Aldermen may authorize him to employ. The City Clerk shall be appointed by the :3oard of Aldermen, as hereinabove provided, and he shall appoint, and may remove, such assistants and subordinates as he may be authorized by ordinance to employ. All other directors and heads of departments, and officers, shall be appointed by the City Manager on the basis and administrative ability, and education, training, and experience in the work which they are to administer. All such officers shall be immediately responsible to the City Manager, and may be removed by him at any time. In case of the removal, if the officer so demands, a written statement shall be made by the City Manager of the reasons therefor, and the officer shall be given a public hearing by the City Manager before the order of removal is made final. The statement of the City Manager and the written reply of the officer thereto shall be filed as a public record in the office of the City Clerk. All other employees of the city, unless otherwise provided herein, shall be appointed by, or under the direction and supervision of the city manager, who shall have authority to discharge any such employee, with or without cause, at any time." AMENDMENT NO. 5. To amend Section 65 of the City Ci,arter of the City of Jehita Falls, Texas, so as to hereafter read as follows: "SECTION 65. The City 11anager shall have the power to appoint a director of finances 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, the custody and disbursement of city funds and moneys, and such other duties as the Board of Aldermen may by ordinance prescribe." AMENDMENT NO. 6. To amend Section 67 of the City Charter of the City of Wichita Falls, 'Texas, so as to hereafter read as follows: "SECTION 67. Not later than one month before the end of each fiscal year the City Manager shall prepare and submit to the Board of Aldermen a budget estimate of the expenditures and revenues of all city departments, divisions and offices for the ensuing year. This estimate shall be compiled from detailed information obtained from the several departments, divisions and offices on uniform blanks furnished by the City Manager. The classification of the estimate shall be as nearly ear/ 8 uniform as possible for the main functional divisions of such depart- ments, divisions and offices, and small give in parallel columns the following information: (a) A detailed estimate of the expense of conducting each department, division and office. (b) Expenditures for corresponding items for the last two fiscal years. (c) Expenditures for corresponding items for the current fiscal year, including adjustments due to transfers between appropria- tions, plus an estimate for the expenditures necessary to complete the current fiscal year. (d) The value of supplies and materials on hand at the date of the preparation of the estimate. (e) Increases or decreases of requests compared with corres- ponding appropriations for the current year, with reason for such in- creases or decreases. (f) A statement from the director of Finance of the total probable income of the city from taxes for the period covered by the estimate. (g) An itemization of anticipated revenues from other sources. (h) The total amount of the outstanding city debt, with a schedule of maturities of bond issues. (i) The amount required for interest on the city debt, for sinking funds, and for maturing serial bonds. (j) Such other information as may be required by the Board of Aldermen. The Board of Aldermen shall provide for printing a reasonable number of copies of the estimate thus prepared for distribution to citizens who may call for them. Copies shall also be furnished.to the newspapers of the city, and to each library of the city which is open to the public." AMENDLWT NO. 7. To amend Section 73 of the City Charter of the City of Wichita Falls, Texas, so as to hereafter read as follows: "SECTION 73. Not later than five months after the passage of the appropriation ordinance, the Board of Aldermen 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 pro- vide 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 3oard of Aldermen 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 indebted- ness shall be adequate to provide sufficient revenue to meet the re- quirements 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 of the bonds of said city may file suit in the dis- trict court of �Iichii a 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 hereinbefore 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 indebt- edness for such year, the Board of Aldermen 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 Board of Aldermen to carry out this requirement.,' AIENDIaNT NO. 8. To amend Section 74 of the City Charter of the City of Wichita Falls, Texas, so as to hereafter read as follows: "SECTION 74: The Board of Aldermen shall have the power to levy and collect an annual tax, not exceeding two per cent of the property value within said city for all purposes, commencing with the year 1940 and annually thereafter, and the purposes for which said tax may be levied shall be as follows: 17 9 (a) An annual tax, not exceeding sixty cents on each one hundred dollars of the assessed value of all property within the limits of said city subject to taxation for state and county purposes may be levied and collected for current expenses and for general improvements of the city and its property, to be known as the General -und. (b) An annual tax, not exceeding fifteen cents on each one hundred dollars of the assessed value of all property within the limits of said city subject to taxation for state and county purposes, may be levied and collected for current expenses in maintaining, and improving and beautifying public parks and cemeteries, and maintaining and im- proving public playgrounds, and providing recreation, and to be known as the Park and Recreation Fund. (c) An annual tax of twenty cents on each one hundred dollars of the assessed value of all property within the limits of said city subject to taxation for state and county purposes, may be annually levied and collected for the purpose of laying out, opening, constructing, repairing, and improving the roads, bridges, and streets within the limits of said city, and to be known as the street fund. (d) An annual tax, not exceeding five cents on each one hundred dollars of the assessed value of all property within the limits of said city subject to taxation for state and county purposes, may be levied and collected for current expenses for the purpose of establishing, providing, maintaining and operating a public library, or libraries, within said city, to be known as the Library Fund. (e) An annual tax, not exceeding ten cents on each one hundred dollars of the assessed value of all property within the limits of said city subject to taxation for state and county purposes, may be levied and col- lected for the purposes of maintaining and operating the Health and Sanitary Department of the said city, including the maintaining and operating of the sanitary sewer system, disposal plant, incinerators. And providing further that residents or property owners of said city shall never be charged sewer rental for the use of such sanitary sewer system. (f) The Board of Aldermen of the said city are hereby author- ized to assess the taxes mentioned in subdivisions (a) and (c) for the purposes therein mentioned, and in the event it is not necessary to assess the maximum allowed for the purpose or purposes mentioned in each subdivision, then such surplus over and above such amount assessed and necessary for that particular purpose may be assessed for one or more of the other purposes mentioned in the other subdivisions. (g) An annual tax, not exceeding ninety cents on each one hundred dollars of the assessed value of all property within the limits of said city subject to taxation for state and county purposes, may be annually levied and collected for the purpose of paying interest and providing a sinking fund for the redemption of all bonds heretofore or hereafter legally issued for the purpose of street improvements, public buildings, sewerage, public market house or houses, municipal abbatoirs, municipal incinerators, water works, electric light and power plant, public parks, playgrounds and cemeteries, and for repairing, acquiring, improving and adding to any or all of such structures and improvements." AMENDMENT NO. 9. BONDS. To amend Section 75 of the City Charter of the City of .dichita Falls, Texas, so as to hereafter read as follows: "SECTION 75. The Board of Aldermen shall have the authority by ordinance to raise money on the credit of the city for the special and definite purposes hereinafter set out, by issuing bonds of the city or otherwise, provided the bonded debt of the city shall only be in- creased by consent of a majority of the qualified voters of said city who are property taxpaying voters at said election.' Such election shall be ordered by the Hoard of Aldermen and notice thereof shall be given for at least 30 days by the i.iayor, by publication in some daily news- paper published in the city at least once a week for three consecutive weeks, provided that whatever power the 3oard of Aldermen may have po- ssessed or acquired under the incorporation laws heretofore in force in said city, through any election held under such law to increase the bonded indebtedness of said city, is hereby continued and perpetuated in said Hoard of Aldermen, and may be exercised under this Charter with the same effect that such town might have had or exercised under such incor- poration laws, if this Charter had not been adopted, and providing fur- ther that the foregoing provisions requiring an election to be held shall not apply to funding bonds or warrants issued or to be issued on any valid outstanding bonds or indebtedness of the City of t5`ichita Falls, nor to any bond issue when for a sum less than Two Thousand ('$2000.00) Dollars, and when issued for the purposes of repairing buildings or structures for the building of which bonds are allowed• to be issued. The purposes for which bonds may be issued are as follows: 1. i'or the purpose of acquiring public parks, play grounds or cemeteries, or for the improvement thereof. 2. For the purpose of constructing and repairing public buildings, making permanent street improvements, or constructing storm or sanitary sewers, or constructing public market house or houses, or municipal abbatoirs, or sewerage disposal plants or incinerators. 3. For the purpose of acquiring and constructing water works, improving and extending same, to provide an adequate and available water supply and plant for said city, and acquiring and constructing an electric light and power plant within or without said city and to im- prove and extend same, furnishing light and power to said city for any and all municipal purposes, including the furnishing of all such light and power to the inhabitants tnereof. Ido bonds for any purpose shall be issued wl-iich shall, when added to all bonds outstanding for the said purposes, be of greater amount than the annual tax herein authorized for such purposes, ac- cording to the last assessment rolls of the city will pay the interest on and create a sinking fund sufficient to pay the principal at maturity. All bonds issued shall be si::ned by the T,Tayor, countersigned by the City Clerk, and sealed with the seal of the city and shall be payable at such times as may be fixed, not more than forty years from their dates. The official signatures may be lithographed on interest coupons when so provided by ordinance authorizing the bond issue. All such bonds shall specify for what purpose they are issued, and provisions shall be made at the time of issuance to pay interest and create a sinking fund sufficient to pay the principal at maturity. Neither the money for which such bonds may be sold nor the money raised to pay the interest and sinking fund thereof, shall be diverted to any other purpose, and the City Treasurer shall not honor any draft drawn on said interest and sinking fund except to pay the interest on said bands or to redeem the same except as hereinafter pro- vided. Wherever the accumulated sinking fund upon any issue of bonds shall amount to as much as one thousand dollars, the same shall be ap- plied at once to the discharge of a like amount of said bonds, and should the city not be entitled to redeem any of such series, and the holder be unwilling to surrender the same, said funds shall be invested in other valid, interest paying bonds of the City of Wichita Falls or of the United States, or of the State of Texas, or any legally issued bonds of any county, city or school district in Texas, as the Board of Aldermen may determine, and when so invested the bonds purchased and the interest thereon shall be held as a trust for the particular fund from which the money was taken and shall not be sold or otherwise used except for the purposes of retiring the original bonds for the use of which the fund was created. All laws and parts of laws now in force for the issuance of bonds upon the credit of the city and refunding of the bonds of the city, and the payment of the same by taxation, are hereby continued in full force and effect, where not inconsistent herewith." AMENDMENT NO. 10. DEPARTMENT OF PUBLIC PARKS. To amend Section 64 of the City Charter of the City of Wichita Falls, Texas, by adding at the end of said section a new section to be designated as "Section 64-A," and to read as follows: "SECTION 64-A: (a) Organization of Board - Within thirty (30)days after the adoption of this amendment, there shall be appointed by the Board of Aldermen, a Board consisting of five members, composed of both men and women, to be known as the Park Board. No person shall be eligible to appointment on said Board who is not a citizen of the United States or a resident of the City. The members of said Board shall serve without compensation. (b) Term of office of Members of Board - The term of office of the members of said Board shall, subject to the provision relative to their removal, be five years. The members of the First Board created hereunder shall be appointed for the term of one, two, three, four and five years, respectively, and annually thereafter one member shall be appointed for the term of five years. (a) Removal from Board - Vacancies, liow Filled - The members of the Park Board shall be subject to removal from office by the Board of Aldermen for any cause deemed by the Board of Aldermen sufficient for their removal in the interest of the public service; but only after public hearing before the Board of Aldermen on charges publicly made, if demanded by such member within ten days. Any vacancies in the membership of said Board shall be filled by the Board of Aldermen for the unexpired term of the member whose place has by removal or otherwise become vacant. (d) Jurisdiction of Park Board - Scope of Activities - The Park Board shall, subject to the authority of the Board of Aldermen, have the exclusive control, management and maintenance of all the public parks, parkways, lakes, water parks, municipal squares, improved or un- improved, and the grounds surrounding all municipal buildings (except school buildings) now owned or controlled, or which may hereafter be acquired by the City of Wichita Falls, either within or without the corporate limits of the City. It shall have the management and control of the beautifying and parking of any ground, street or boulevard, or part thereof, or of any cemetery belonging to the City, which the Board of Aldermen may designate to receive such improvements. Said Park Board shall in addition exercise supervision and control over the planting and care of all trees, plants and shrubs of any kinds in the public parks and other grounds under its jurisdiction, as well as on or in the streets and sidewalks of the City. It may in the name of the take and hold by purchase, devise, bequest or otherwise, such real and personal property as may be needful for carrying out the intents and purposes for which the said Board was established; it shall recommend to the Board of Aldermen, the institution of condemnation proceedings whenever, in its judgement, private property should be taken in the name the City for the purpose of enlarging park system of the said City; it may, with the approval of the Board of Aldermen, sell and convey or lease lands belonging to the said department, and all proceeds from such sales or leases shall be deposited in the City Treasury to the credit of the Public Park Fund; it shall have power for and on behalf of the City to receive donations, legacies or bequests for the improve- ment or maintenance of the Public Parxs of the City, or for the ac- quirement of new parks, and all such moneys derived from such donations, legacies or bequests, be deposited in the City Treasury to the credit of the Public Park Fund, and same may be drawn therefrom and paid out only in the manner provided for the payment of moneys legally approp- riated for the acquirement, support and improvement of the public parks of the City. (a) Appointment of Employes - Rules and Regulations for Government of same - Organization of Board - The Park Board shall have power to appoint and employ a Superintendent and such other officers and assistant and laborers as it may deem necessary for the efficient administration of the affairs of said department, prescribe and fix their duties, authority, compensation, and qualifications as to resi- dence or otherwise. It shall have the management and disposal of all funds legally apportioned or received from any source for the support and maintenance of the said public parks and grounds. It shall have power to establish rules and regulations for the conduct of its officers and employes, and may require adequate bonds from any or all of them, City of except laborers, for the faithful performance of their duties, in such amounts as may be fixed by it; such bonds to be approved by the Board of Aldermen and filed in the office of the City Clerk. It shall have the power to formulate and adopt rules and regulations for the govern- ment of said parks and other grounds under its jurisdiction. The Park Board shall organize by electing one of its members President, one Vice President, and one Secretary. The Board shall have authority to elect a Secretary who is not a member of the Board. The officers shall hold office for one year and until their successors are elected and qualified.. The Park Board shall hold regular meetings at least once in every four weeks, and shall establish rules and regulations for its government and for the performance of its duties. (f) Funds for iaintenance of Department shall consist of such amount as may be levied and collected in accordance with Section 74, Sub. (b), of this Charter, and such other sums, receipts and revenues arising from the operation of the various public parks and grounds with- in its jurisdiction, and the revenues arising from the swimming pools and from other forms of recreational activities shall be set apart by this Charter for the use of park and recreational activites; and all revenues arising from burial dues out of the sale of burial sites, etc. shall be set aside for the use and benefit of cemeteries owned by the City; and the said ad valorem -uax and the said receipts, together with whatever further amount, if any, the Board of Aldermen may in its dis- cretion set apart in the annual budget for the use and benefit of this department, shall constitute the appropriation to be annually set apart in the said budget for the operation, maintenance and upkeep of this department. (g) Conflicts between Park Board and other Boards to be de- termined by Board of Aldermen - In the event of any conflict by juris- diction arising between this department and any other department of the City Government, or in regard to any administrative detail thereof, the same shall be referred to the Board of Aldermen and its decision there- in shall be final. (h) Board to file Annual Report with Board of Aldermen - It shall be the duty of the Park Board, at the end of each fiscal year, to file with the Board of Aldermen a full and detailed report of the busi- ness and operations of the said department for the year then ending, and to make such recommendations to the Board of Aldermen as they may deem advisable, looking to the improvement and betterment of the service of said department. The operation and maintenance of this department by a Board, shall be deemed to be done in the governmental capacity of the City of Wichita Falls, and not in its propriety capacity." AMENDMENT NO. 11. To amend Section 120 of the City Charter of the City of Wichita Falls, Texas, by adding at the end of said section a new section to be designated as "Section 120-A," and to read as follows: "SECTION 120-A. All the terms, powers and provisions of the act passed at the first called session of the 40th Legislature of the State of Texas authorizing cities to improve streets and alleys and make assessments therefor and being Chapter 106 of the General and Special Laws of the State of said session, shall be, and the same are hereby adopted and made a part of the charter of the City of Wichita Falls, Texas, and said city and its governing body shall have and may exercise all of the powers, terms and provisions of said act as alter- native powers, terms and provisions of all other lards and charter pro- visions in anywise relating to the same subject matter.,' AMENDMENT NO. 12. To amend Section 152 of the City Charter of the City of Wichita Falls, Texas, by adding at the end of said Section a new section to be designated as "Section 15311, and to read as follows: "SECTION NO. 153. That all portions of the existing Charter of the City of VUchita Falls, Texas, in conflict with all, any, or either, of the above sections which may be adopted as aforesaid, shall be, and the same are hereby repealed, and such sections so adopted, and as the same herein read, shall be substituted therefor." SECTION 2. That the Mayor is authorized and instructed to publish a copy of this resolution in the official newspaper of the City of Wichita Falls, Texas, as notice of the intention of the Board of Aldermen to submit said amendments, and the same when marked "NOTICE OF INTENTION TO SUBMIT CHARTER AMENDMENTS", signed by the ,ayor and attested by the City Clerk, and published as aforesaid, is to be due notice thereof. SECTION 3. ,hat said notice shall be published in the official newspaper, as aforesaid, for not less than twenty days prior to the date on which the proposed ordinance is to be passed. ADOPTED AND APPROVED this 3rd day of February, A. D., 1928. JT�ayo ATTEST: City Clerk AToved by Alderman Carter that inasmuch as the notice of the intention of the Board of Aldermen of the City of Wichita Falls, Texas, to pass an ordinance submitting amendments to the charter of Wichita Falls, Texas, adopted on January 30th, 1928, is included in the above resolution that said action in giving this notice be set aside. Motion seconded by Alderman Hunt and carried by the following vote: Yeas: Aldermen Jones, Hunt, King, Curd and Carter. Nays: None. Moved by Alderman King that the application of G. J. Thomason for a permit to construct and operate a gasoline and filling station at the corner of Avenue 2 and Harrison Street be referred to the Street Commissioner hunt and zolice Commissioner Carter. Motion seconded by Alderman Jones and carried. T-ioved by Alderman Curd that the meeting be adjourned. Motion seconded by Alderman Carter and carried. The Board of Aldermen then adjourned. s READ AND APPROVED this the 6th day of February 1928. ATTEST:'— P�Z WJ-City C rk