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Ord 38-2025 amending Chapter 2 of the Code of Ordinances 07/15/2025 Ordinance No. 38-2025 Ordinance amending Chapter 2 of the Code of Ordinances WHEREAS, the City of Wichita Falls is a home-rule municipality acting under its Charter pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, Chapter 2 of the Code of Ordinances required minor revisions to update antiquated provisions and remove conflicts. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: 1 . Chapter 2 —Administration of the Code of Ordinances of the City of Wichita Falls is hereby amended to read as follows: ARTICLE II CITY COUNCIL DIVISION 1 GENERALLY § 2-28. Election; term of office. (a) The mayor and one councilor shall be elected from the city at large. The other five councilors shall be elected from the five single-member districts. 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. (b) The mayor and each councilor, upon election, shall serve a term of three years, except as provided in Charter section 12, and shall continue to serve until a successor is duly elected and sworn into office. Members of council elected prior to 2020 shall serve a term of two years. § 2-31. Special meetings. Special meetings of the city council may be called pursuant to charter, section 34. The only notice to city councilors that shall be necessary to be given of any special meeting of the city council shall be by telephone to each of the members of the city council or by email to each city council member's official city email address. § 2-32. Mayor pro-tern. The city council will vote to appoint the position of mayor pro-tem in accordance with authority granted pursuant to Charter section 35. The appointment for this position will be for a specific member of council for a term of no more than one year. A councilor can be reappointed for two or more terms at the discretion of the council. The council retains the right to remove its appointment and appoint someone new at any time and for any reason regardless if the full one year term has been served. § 2-33. Termination of campaign treasurer appointment by the city clerk. (a) The city clerk may terminate the campaign treasurer appointment of an inactive candidate or political committee. (b) For the purpose of this section, a candidate or political committee is inactive if the candidate or committee: (1) Has never filed or has ceased to file reports under chapter 254 of the Texas Election Code; (2) In the case of a candidate, has not been elected to an office for which a candidate is required to file a campaign treasurer appointment with the authority who is seeking to terminate the candidate's campaign treasurer appointment; and (3) Has not filed: (A) A final report under section 254.065 or 254.125 of the Texas Election Code; or (B) A dissolution report under section 254.126 or 254.159 of the Texas Election Code. § 2-34. Notice of proposed termination of campaign treasurer appointment. (a) Before the city clerk may consider termination of a campaign treasurer appointment, the city council must consider the proposed termination in a regularly scheduled open meeting. (b) The city clerk must provide written notice to the affected candidate or committee at least 30 days before the date which the city clerk will bring the matter before the city council for approval, and the notice must include: (1) The proposed termination of the candidate's or committee's campaign treasurer appointment; (2) The date, time, and place of the meeting at which the city council will consider the proposed termination; and (3) The effect of termination of the candidate's or committee's campaign treasurer appointment. (c) The termination of a campaign treasurer appointment under this section shall take effect on the 30th day after the date of the meeting at which the city council votes to terminate the appointment. (d) The city clerk shall promptly notify the affected candidate or political committee that the appointment has been terminated, and the notice must state the effective date of the termination. § 2-35. through § 2-50. (Reserved) DIVISION 2 COUNCIL RULES OF PROCEDURE AND POLICIES § 2-64. Executive sessions (closed meetings). (a) Executive sessions are closed to the public. They are only permitted for the purpose of discussing matters enumerated in Chapter 551 , Open Meetings Act of the Texas Government Code. Notice of topics to be discussed during executive sessions shall be made known to the public in accordance with the requirements of the Open Meetings Act. (b) The city council may retire into an executive session as stated on a posted agenda during a regular or special meeting, or if a motion is duly made and seconded and affirmed by a majority of the council. However, before said session begins, the mayor shall announce that the executive session is commencing. The order in which an executive session may appear on the agenda is subject to the discretion of the city council. No voting or action shall be taken by the city council during an executive session. No other subject but that posted on the agenda is to be considered. Adjournment of the executive session and any vote needed shall be made during an open public meeting. (c) Items discussed in executive session are to remain private and confidential. Disclosing any information (including disclosure of documents presented in executive session) is contrary to a council member's fiduciary obligation to the city and a violation of the rules of order. Except as provided by law, no council member, staff member or legal counsel may discuss or reveal the proceedings of an executive session to persons not present during the executive session. In the event an elected official is absent from the executive session, the mayor, the city manager or the city attorney may brief the elected official who was absent from the meeting on the discussion. (d) Except for information protected by law from disclosure, the council members may authorize the release of confidential information discussed in executive session by an affirmative vote of four members made during an open public meeting. (e) Additionally, the certified agenda or recording of the executive session is confidential, and no persons may disclose to a member of the public the certified agenda or recording of the executive session, except as provided by law. Section 551 .146 of the Texas Government Code makes such an act a class B misdemeanor and opens the person who reveals such information personally liable for any damages resulting from such action. § 2-68. Minutes of meetings. The city clerk shall keep an account of all proceedings of the city council and they shall be open to and public inspection in accordance with the laws of the State of Texas. § 2-71. General procedures. (h) Motions. Motions submitted for a vote shall contain only one question. If two or more points are involved, any member may require a division, if the question reasonably allows for a division. Motions may be made and seconded by any member of the city council except the chair. The most common motions are as follows: (1) Amending a motion. If a council member wants to change a basic motion, he or she would have to make a motion to amend it. A motion to amend might be: "I move that we amend the motion to include the changes we discussed to the ordinance." A motion to amend seeks to retain the basic motion on the floor (a motion made and seconded), but to modify it in some way. It requires the agreement of the person making the original motion, and this agreement shall constitute the second required to amend the basic motion. No motion to amend shall be allowed after a motion has been called for a vote. No motion or proposition of a subject different from that under consideration shall be admitted under color of amendment. A motion to amend an amendment shall be in order, but one to amend an amendment to an amendment shall not be in order. Any council member may move to amend a pending motion. No more than two amendments may be made to a pending motion. The last amendment shall be voted on first. (2) Motion to reconsider. A motion to reconsider any action of the city council may be made, seconded, and voted on not later than the next succeeding voting agenda meeting of the city council. If reconsideration of the council action has not been posted on the council agenda for the meeting at which the motion to reconsider is made, however, actual reconsideration of the item must be delayed until the next voting agenda meeting after the posting requirements of the Open Meetings Act are met. A motion to reconsider an action of the city council may only be made by a member who voted with the prevailing side. It can be seconded by any member. No question shall be twice reconsidered except by unanimous vote of the city council, except that action relating to any contract may be reconsidered at any time before the final execution thereof. (3) The previous question. When the previous question is moved and seconded, it shall be put as follows: "Shall the main question be now put?" There shall be no further amendment or debate, but pending amendments shall be put in their order before the main question. If the motion for the previous question is lost, the main question remains before the city council. An affirmative vote of two-thirds of the city council members present shall be required to approve the previous question. (To demand the previous question is equivalent in effect to moving "that debate now cease, and the city council immediately proceed to vote on the pending motion." In practice, this is done with the phrase "call for the question," or by simply saying "question.") (4) Motion to table. This motion, if passed, requires discussion of the agenda item to be halted immediately, and the agenda item to be placed on hold. The motion may contain a specific time to bring the item up again, or it may not specify a time. If no time is specified, the item should be placed on the agenda at the following regularly scheduled council meeting. § 2-76. Creation of task forces, boards and commissions. (c) Council members as liaison to boards and commissions. The mayor shall assign one or more council members to serve as liaisons to boards, commissions, and other entities. No more than three council members, including the mayor, may attend a meeting of any board or commission unless the meeting is a joint city council meeting that complies with the Texas Open Meetings laws. The liaison or liaisons to a board or commission have priority over any other council members who wish to attend. Other than liaisons who have priority; attendance by a council member at any board or commission meeting is on a first come, first served basis. If a council member who is a liaison to a board or commission knows he or she will not be in attendance at a meeting, he or she should notify the mayor as soon as possible so that other council members will have an opportunity to attend. (d) Vote to modify action. The council, by a vote of four members, may modify any action taken by the mayor under this section. (e) Attendance at public functions. If the mayor is unable to attend a public function, the mayor pro tem may attend. If both the mayor and the mayor pro tem are unable to attend, the mayor pro tem shall request another member of the council to attend. ARTICLE IV DEPARTMENTS, OFFICERS, AND EMPLOYEES DIVISION 1 GENERALLY § 2-421. Departments created. The following administrative departments are created and shall be responsible to the city manager unless otherwise provided in this Code or by the Charter: (1) Administrative Services. (2) City Clerk. (3) Finance. (4) Fire. (5) Health. (6) Law. (7) Parks and Recreation. (8) Development Services. (9) Police. (10) Public Works. (11) Multi-Purpose Events Center. DIVISION 2 CITY MANAGER § 2-454. Authority to approve and execute city contracts. The city manager or his designee is authorized to execute city contracts in an amount not to exceed $100,000.00 and change orders to city contracts in an amount not to exceed the maximum allowable amount under state law. § 2-456. Transfer of work loads between departments authorized. (a) In order to expedite the work of any city department or to adequately administer an increase in the duties which may devolve on any department or to cope with periodic or seasonal changes, the city manager is empowered to transfer employees temporarily from one department to perform similar duties in another department. Likewise, each department director shall have power to transfer employees from one bureau or division to another within his department. (b) The city manager may direct any department or bureau under his control pursuant to the Charter to perform work for any other department or bureau. DIVISION 4 DIRECTOR OF FINANCE § 2-516. Appointment. The director of finance shall be appointed by the city manager. [City Charter, Part VIII, § 60] § 2-517. Duties. (a) The director of finance shall perform such duties as are prescribed by the Charter and city ordinances and the laws of the state and such other duties as may be prescribed by the city manager. (b) The director of finance shall have authority to sell such personal city property as, in the opinion of the city manager, shall not be needed for further public use. (c) The director of finance shall be in charge of,finance, accounting, purchasing, and other departments and functions as determined by the City Manager. § 2-518. Salary and bond. The director of finance shall, before entering upon his duties, execute a good and sufficient bond in such amount as may be set by the city council, payable to the city and conditioned for the faithful performance of the duties of office. Such bond shall be in all respects approved by the city council. DIVISION 6 DEPARTMENT OF LAW § 2-576. Composition. a) The Department of Law shall consist of the city attorney and such assistant city attorneys and other subordinates appointed by him as shall be authorized by the city council. [City Charter, Part VIII, § 60] b) The salary of the City Attorney shall be set by the City Council. § 2-577. Duties. a) Duties of the Law Department shall be those prescribed by the Charter and such other duties as have been fixed by ordinance and as shall be required by the City Council. [City Charter, Part VIII, § 64] b) The City Attorney is authorized to settle claims and litigation against the City in an amount not to exceed $50,000.00. DIVISION 7 DEPARTMENT OF PARKS AND RECREATION § 2-609. Bond and salary of director. The director of parks and recreation, before entering upon the duties of office, shall execute a good and sufficient surety company bond in such amount as may be set by the city council, payable to the city, conditioned for the faithful performance of the duties of office. The premium of such bond shall be paid by the city. DIVISION 9 DEPARTMENT OF DEVELOPMENT SERVICES § 2-671. Created; director. There is created a Department of Development Services, which shall be under the supervision of the director of development services. The director shall be appointed by the city manager and shall be directed by and responsible to the city manager. § 2-672. Divisions. Divisions of the Department of Development Services shall be as follows: (1) Planning. (2) Building inspections. (3) Code enforcement. (4) Housing. § 2-673. Duties of director. (a) The director of development services shall be charged with the supervision of the Department of Development Services. The director shall be in charge of divisions and their responsibilities as follows: (1) A Planning Division that is charged with the administration of codes and ordinances related to development and other codes, ordinances, processes and actions as assigned by the director. There shall be established a person under the direction of the director known as the city planning administrator, and any reference in this Code or other code to planning director shall be held to mean the city planning administrator. (2) A building inspections division that is charged with the administration of various codes and regulations associated with the building industry and other actions or processes as determined necessary by the director. There shall be established a person under the direction of the director known as the building code administrator, and any reference in this Code or other code to building official shall be held to mean the building code administrator. (3) A housing division responsible for the provision of housing, housing opportunities and processes or actions regarding the development of opportunities and programs associated with various grants or other such sources following applicable federal or state regulations or as determined by the director. There shall be established a person under the direction of the director known as the housing administrator, and any reference in this Code or other code to another title for this person shall be held to mean the housing administrator. (4) A code enforcement division responsible for the enforcement of various codes and ordinances involving violations thereof. There shall be established a person under the direction of the director known as the code enforcement supervisor, and any reference in this Code or other code to another title for this person shall be held to mean the code enforcement supervisor. (b) The director may organize responsibilities and duties of these divisions, create or consolidate activities of divisions, and may thereby increase or decrease the number and responsibilities of divisions. The director shall provide the necessary and appropriate staff to carry out processes and actions in support of city-sponsored programs and boards and commissions as directed by the city manager. The director shall develop programs, activities and processes related to economic and area development and redevelopment. The director may serve on boards and commissions of for-profit, not-for-profit and nonprofit organizations as necessary. The director shall perform other duties as defined by the city manager or as required by ordinance. DIVISION 10 DEPARTMENT OF ADMINISTRATIVE SERVICES § 2-701. Created. There is created a department of administrative services, which shall be under the supervision of the city manager, who shall delegate the responsibilities of the department as necessary. These responsibilities include control over personnel, risk management, building maintenance, the municipal golf course, public information, municipal court, employee benefits administration, property management, human resources, traffic, aviation, central garage, public transportation, and other such functions as may be assigned. ARTICLE V EMPLOYEE BENEFITS AND PROGRAMS DIVISION 1 GENERALLY § 2-816. Employee Benefit Trust Fund. (a) Created. That certain agreement and declaration of trust, a copy of which is on file in the City Clerk's office and made a part of this section, establishing an employee benefit trust for the city is approved. The members of the Trust Committee, appointed as provided in subsection (b)of this section, are authorized to execute the agreement for the city. (b) Appointment of trustees. The city manager, director of finance, city attorney, city manager appointee, and personnel officer (human resources manager) are appointed as trustees and shall be known as the Trust Committee. (c) Trust Committee authorized to utilize city resources. Each trustee, and the Trust Committee as a whole is authorized to utilize city resources in conducting the business of the employee benefit trust. The Trust Committee may establish reasonable fees to be paid to the city for the use of such resources. § 2-817. Public holidays designated. (a) Public holidays of the city shall mean the following days only: (1) January 1 , or New Year's Day. (2) Third Monday in January, or Martin Luther King, Jr. Day (3) Third Monday in February, or Presidents Day. (4) Last Monday in May, or Memorial Day. (5) June 19, or Juneteenth (6) July 4, or Independence Day. (7) First Monday in September, or Labor Day. (8) November 11 , or Veterans Day (9) Fourth Thursday in November, or Thanksgiving Day, and the following Friday. (10) December 24, or Christmas Eve. (11) December 25, or Christmas Day. (12) One floating holiday. (b) When any one of the days listed in subsection (a) of this section falls on Sunday, the Monday following such day shall be declared a holiday. When any one of such days falls on Saturday, the Friday preceding such day shall be declared a holiday. ARTICLE VIII CLAIMS AGAINST THE CITY § 2-1091. Method of filing claims against the city. (a) The city shall never be liable for damages of any kind for property damage or for personal injury, whether such personal injury results in death or not, unless the person damaged or injured or someone in his behalf or, if the injury results in death, the person who may have a cause of action under the law because of such death or injury shall, within 45 days after the date the damage or injury occurred, give sworn notice in writing to the city of the claim for damages, which notice shall state the following facts specifically and in detail: (1) A detailed description of the incident and any damage or injury resulting from the incident, including: a. The location where the alleged incident and any damages or injury occurred. b. The date and time of the alleged incident and of the assessment of any damages or injury. c. How the incident occurred and the manner by which any damage or injury also occurred. (2) The nature and extent of the damage or injury sustained. (3) The amount of money damages sustained, and the amount for which the claimant will settle the claim. (4) The actual residence of the claimant by street and number, city and state, on the date the claim is presented, and the actual residence of such claimant for six months immediately preceding the occurrence of such damage or injury. (5) The names and addresses of all persons who, according to the knowledge or information of the claimant, witnessed the occurrence which caused the damage or injury. (b) All notices required by this section shall be given to the city by delivering a copy to the city clerk in City Hall in the city, and such notices shall be effective only when actually received in the office of the City Clerk. (c) The failure to notify the city of a claim within the time and in the manner specified in this section shall exonerate, excuse, and exempt the city from any liability whatsoever because of such damages or injuries. 2. This ordinance modifying Chapter 2 shall go into effect on September 1 , 2025. PASSED AND APPROVED this the 15th day of July, 2025. MAYOR ATTEST: (.)/i City lerk