Ord 37-2024 Special Election on November 5, 2024 08/06/2024 Ordinance No. 37-2024
Ordinance authorizing a Special Election to be held on November 5,
2024, to submit the question of whether Chapter 174 of the Texas
Local Government Code should be adopted and propose an
amendment to the City Charter to add Section 155 Collective
Bargaining Impasse, be submitted to the voters during the said
election, setting forth the proposed amendments and prescribing the
form of the propositions
WHEREAS, on June 28, 2024, the City of Wichita Falls (City) received a "Petition
to Adopt the Fire and Police Employee Relations Act for the Wichita Falls Fire
Department"; and
WHEREAS, the City Clerk has verified that the Petition is signed by the number of
qualified voters of the City equal to at least five percent of the number of qualified voters
voting in the preceding general election for state and county officers as provided for in
Section 174.051(a) of the Texas Local Government Code; and
WHEREAS, Section 174.051(b) of the Texas Local Government Code requires
that the City hold the election on the first authorized uniform election date prescribed by
Chapter 41 of the Election Code; and
WHEREAS, Section 174.051(c) provides the required proposition wording for
citizens to vote for or against the "Adoption of the state law applicable to firefighters that
establishes collective bargaining if a majority of the affected employees favor
representation by an employees association, preserves the prohibition against strikes and
lockouts, and provides penalties for strikes and lockouts," and
WHEREAS, on July 9, 2024, the City received a "Petition for Charter Amendment"
to add §155 Collective Bargaining Impasse to the City's Charter," and
WHEREAS, the City Clerk has verified that the Petition is signed by a number of
qualified voters of the City equal to at least five percent of the qualified voters of the City
per Texas Local Government Code Section 9.004(a), and
WHEREAS, per Texas Local Government Code Section 9.004(b), the ordinance
ordering the election shall provide for the election to be held on the first authorized uniform
election date prescribed by the Election Code or on the earlier of the date of the next
municipal general election or presidential general election, which is November 5, 2024,
and
WHEREAS, the Petition provides the following wording for the citizens to vote for
or against: "Amending the City Charter to add "Section 155 Collective Bargaining
Impasse. If the City and the International Association of Fire Fighters, Local 432 have
reached an impasse regarding the negotiation of a collective bargaining agreement, and
the Association has requested arbitration under Texas Local Government Code §
174.153, then the City shall submit to binding interest arbitration as set forth in Texas
Local Government Code §§174.154-174.62, 174.164, and 174.253, or any successor to
these statutory provisions."
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
Section 1. A Special Municipal Election is ordered to be held on the 5th day of
November 2024 to submit the question of whether Chapter 174 of the Texas Local
Government Code should be adopted and propose an amendment to the City Charter to
add Section 155 Collective Bargaining Impasse.
Section 2. This Special Municipal Election shall be run in the same manner and in
conjunction with the Wichita County Elections Administrator as the November 5, 2024,
General Election previously called by the Council.
Section 3. The proposed measures to adopt Texas Local Government Code
Chapter 174 and to amend the Charter of the City of Wichita Falls shall be submitted to
the qualified voters at this special election on November 5, 2024, on the ballot and in the
form of the following propositions. The words "for" and "against" shall be printed to the left
of each proposition on the ballot:
Proposition No. 1. Adoption of the state law applicable to firefighters that
establishes collective bargaining if a majority of the affected employees favor
representation by an employees association, preserves the prohibition against strikes and
lockouts, and provides penalties for strikes and lockouts.
Proposition No. 2. Shall Section 155 be added to the City Charter to read as follows:
§155 Collective Bargaining Impasse.
If the City and the International Association of Fire Fighters, Local 432 have reached an
impasse regarding the negotiation of a collective bargaining agreement, and the
Association has requested arbitration under Texas Local Government Code § 174.153,
then the City shall submit to binding interest arbitration as set forth in Texas Local
Government Code §§174.154-174.62, 174.164, and 174.253, or any successor to these
statutory provisions.
PASSED AND APPROVED this the 6th day of August, 2024.
MAYOR
ATTEST:
te, B�
City Clerk