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Ord 053-99 6/29/1999t ORDINANCE NO. A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, CALLING FOR A SPECIAL ELECTION FOR AUGUST 14, 1999, TO SUBMIT PROPOSED AMENDMENTS TO THE CITY CHARTER OF THE CITY OF WICHITA FALLS; SETTING FORTH THE PROPOSED AMENDMENTS; PRESCRIBING THE FORM OF THE PROPOSITIONS; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. WHEREAS, in accordance with Section 9.004(a) of the TExas LOCAL GOVERNMENT CODE, the City Council hereby calls for the submission of proposed Charter amendments to the voters of the City of Wichita Falls; and, WHEREAS, the City Clerk has advised the City Council that the next authorized date to call a special election to consider the proposed Charter amendments is August 14, 1999. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS: SECTION 1. It is hereby ordered that a special election is to be held in the City of Wichita Falls on August 14, 1999, for the purpose of submitting to the qualified voters the hereinafter described proposed charter amendments. Such election shall be held at the polling places with the election judges and alternate election judges shown on Exhibit A, attached hereto for all purposes. SECTION 2. There shall be submitted at said special municipal election to be held on August 14, 1999, the following measures as proposed amendments to the City Charter of the City of Wichita Falls: Measure No. 1. That Section 1 of the City Charter shall be amended so that such section shall read as follows: "Sec. 1. 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. N 2 The government for the City of Wichita Falls shall be known as the Council - Manager form of government. 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." Measure No. 2. That Section 2 of the City Charter shall be amended so that such section shall read as follows: "Sec. 2. The boundaries of the City of Wichita Falls shall be the same as have heretofore 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." Measure No. 3. That Sections 3, 3a, 4, 5, and 6 of the City Charter shall be amended so that such sections shall read as follows: "Sec. 3a. Annexation by Action of the Council. Territory adjacent to the City may be annexed by ordinance with or without the consent of the owners or inhabitants thereof, subject to such procedural rules as may be prescribed by law. Sec. 3b. Annexation on Petition of Owners. Upon presentation of a petition in writing signed by a majority of the owners of adjacent territory, the Council after hearing arguments for and against such action, may by ordinance annex such territory into the City. Hearing on such petition must take place not less than five (5) nor more than thirty (30) days after the date of filing. At any time within ninety (90) days after the public hearing, an ordinance may be introduced providing for the annexation of the territory described in such petition. Sec. 3c. Disannexation of Territory. Territory lying within the boundary limits of the City and adjacent to the outer limits may be disannexed from the City upon presentation to the Council of a petition in writing signed by a majority of the owners of land within the territory. Sparsely inhabited territory containing less than 100 residents may be disannexed by the Council, when the Council determines that such disannexation is for the best interests of the City. 3 The Council, after hearing the arguments for and against such proposed disannexation, may grant or deny the request; however, any territory so detached shall be liable for its pro rata share of any debts incurred while it was a part of the City, and the City shall continue to levy and collect taxes on the property until such indebtedness has been discharged." Measure No. 4. That Section 10 of the City Charter shall be amended so that such section shall read as follows: "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, Section 2 -01." Measure No. 5. That Section 11 of the City Charter shall be amended so that such section shall read as follows: "Sec. 11. Candidacy for the City Council. Any qualified registered voter of the City of Wichita Falls, may apply in writing for a place on the ballot for election to the City Council, who: [1] is at least twenty -one years of age; [2] has resided within the City and applicable district for twelve (12) months prior to the filing deadline for that election; [3] pays a filing fee of $100, or presents a petition signed by 50 or more qualified voters in the City and applicable district, in lieu of the filing fee; and [4] meets all other eligibility requirements of the Texas Election Code. The written application shall be filed with the City Clerk, and shall be presented no later than 5:00 p.m. on the 45th day prior to the date of election, unless such deadline date falls on a Saturday, Sunday, or official City holiday (in which the deadline is extended to the next day which is not a Saturday, Sunday, or official City holiday). The written application (and petition in lieu of filing fee) shall also comply with all other requirements of the Texas Election Code." Measure No. 6. That Section 13 of the City Charter shall be added so that such section shall read as follows: "Sec. 13. Gender References. Unless the context requires otherwise, singular nouns and pronouns include the plural, and references to gender include both male and female." Measure No. 7. That Section 20 of the City Charter shall be amended so that such section shall read as follows: GI "Sec. 20. Notice of Election by Publication. Notice of the election, and the polling places, shall be published by the clerk on election day, and as otherwise specified in the Texas Election Code." Measure No. 8. That Section 22 of the City Charter shall be amended so that such section shall read as follows: "Sec. 22. Procedure for Holding Elections. All elections held under this charter, whether for the choice of candidates or for the submission of questions to the electors, shall be conducted in accordance with the general election laws of the state; and except as otherwise provided in this Charter such general election laws shall be applicable to, and control all such elections." Measure No. 9. That Section 24 of the City Charter shall be amended so that such section shall read as follows: "Sec. 24. Recall Authorized. The mayor or any other member of the City Council may be removed from office in the following manner: Any elector of the City may make and file with the City Clerk an affidavit containing the name of any member of the City Council whose removal is sought and a statement of the grounds for removal. The clerk shall thereupon deliver to the elector making such affidavit copies of petition blanks for demanding such a removal, printed forms of which he shall keep on hand. Such blanks shall be issued by the clerk with his signature thereto attached and they shall be dated and addressed to the City Council, indicate the person to whom issued, and state the name of the member whose removal is sought. A copy of the petition shall be entered in a record book for that purpose to be kept in the office of the clerk. A recall petition to be effective must be returned and filed with the City Clerk within thirty (30) days after the filing of the affidavit, must bear the signatures of electors of the City equal in number to at least twenty (20 %) percent of those who voted at the last regular municipal election for that position, and at least one - half of the electors constituting such twenty (20 %) percent signing the petition shall make affidavit, to be filed with the petition, to the effect that they voted for the person whose recall is sought at the election at which he was last chosen." Measure No. 10. That Section 35 of the City Charter shall be amended so that such section 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 E 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 appointed by the City Council, following each year's election." Measure No. 11. That Section 38 of the City Charter shall be amended so that such section shall read as follows: "Sec. 38. The City Council may, by ordinance, provide for the compensation of its members to be paid in equal monthly installments. The salary of the Mayor shall in no event exceed the sum of five hundred dollars ($500.00) per month, and the salary of each Council member shall in no event exceed three hundred dollars ($300.00) per month. Until the adoption of an ordinance fixing such compensation aforesaid, the salary of the Mayor shall be twenty -five dollars ($25.00) per month, and the salary of each of the Council members shall be ten dollars ($10.00) per month. The Mayor or any Council member absent from a regular or regularly called meeting of the City Council, except on account of his own illness, or illness in his immediate family, or absence from the City where excused by the City Council, shall forfeit two (2 %) percent of his entire annual compensation for each such absence." Measure No. 12. That Section 44 of the City Charter shall be amended so that such section shall read as follows: "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 forthwith 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." Measure No. 13. That Section 74 of the City Charter shall be amended so that such section shall read as follows: "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 ($100.00) dollars of assessed valuation of property situated in the City not exempt from taxation by the Constitution and laws of the State of Texas, in the amounts and for the purposes as follows: R [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 votes 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 anyone year two dollars and twenty -five cents ($2.25) on the one hundred ($100.00) dollars of assessed value of property situated in the City not exempt from taxation by the Constitution and laws of the State of Texas." Measure No. 14. That Section 75 of the City Charter shall be amended so that such section shall read as follows: "Sec. 75. Borrowing of Money. The City Council shall have 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 firefighting 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 a 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. The City Council is authorized to issue, by ordinance, such other bonds 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." Measure No. 15. That Section 77 of the City Charter shall be amended so that such section shall read as follows: "Sec. 77. Property Tax Appraisals. The mode and manner of making out tax list inventories and appraisals of property for taxation purposes shall be in accordance with state law." Measure No. 16. That Section 79 of the City Charter shall be amended so that such section shall read as follows: "Sec. 79. Delinquent Tax Seizures. The City Council shall have full power and authority to provide by ordinance for the seizure and sale of a sufficient amount of personal property of any delinquent taxpayer to pay all taxes due on said personal property by said delinquent to the City, together with all interest, penalties and costs, which seizure and sale shall be made without necessity of any writ, and by virtue of the tax rolls of said City, which shall be sufficient warrant for said purpose, and such sale shall be conducted and notice given in the same manner now provided by law for the sale of personal property, and at such sale the purchaser shall acquire absolute title to the property sold." Measure No. 17. That Section 81 of the City Charter shall be amended so that such section shall read as follows: "Sec. 81. The Payment of Taxes. All taxes due the City of Wichita Falls shall be payable in accordance with, and as permitted by, the applicable provisions of the Texas tax laws, as to the dates of payment, interest rates, collection fees, creating of tax liens, and other applicable procedures." Measure No. 18. That Section 85 of the City Charter shall be amended so that such section shall read as follows: "Sec. 85. Tax Foreclosure, Sale & Redemption. The City of Wichita Falls shall be authorized and it is hereby given the right to institute suit in any court in Wichita County having jurisdiction under the Constitution and laws of the State of Texas at any time after taxes become due and are delinquent as herein provided, and recover personal judgment for the amount of taxes remaining unpaid by any person, firm or corporation, together with all interest, penalties and costs, and if any part of such delinquent tax shall be due upon any landed property, the City shall have the right in the same or any subsequent writ to have its lien thereon foreclosed and such property sold as provided by law for the foreclosure and sale of property under mortgage or other liens; provided that in all cases where the lands are sold, the owner shall have the right of redemption as may be specified by Texas tax laws, and failing to do so, the title of the purchaser shall become absolute without further act or proceeding. The privilege of redemption shall constitute part of the judgment and deed made to the purchaser and in such cases need not be inserted therein." Measure No. 19. That Section 87 of the City Charter shall be amended so that such section shall read as follows: 9 "Sec. 87. Procedure in Nonresident Tax Suits. In case the service of citation provided in the preceding section be by publication, the case shall stand for trial at the time and manner provided by the statutes of the State of Texas in similar cases. The suit shall be held in all respects to be a proceeding in rem, and the court shall hear proof and render judgment in favor of the City of Wichita Falls against each parcel of land for the amount of tax, interest, penalty and costs legally chargeable against the same, and shall foreclose the lien of the City thereon and condemn the land to be sold under execution for the purpose of satisfying such judgment, provided that for the purpose of foreclosing the lien of the City on all lands and lots where the owners thereof are alleged to be unknown, it shall not be necessary to institute a separate suit against each piece of property, and all such property may be embraced in one suit and judgment entered against each parcel and condemning the same to be sold as aforesaid; and provided further, that in all cases where lands are sold under judgment based upon service by publication, the owner shall have the right of redemption as may be specified by Texas property tax laws, and upon failure to do so, the title of the purchaser shall become absolute without further act or proceeding. The privilege of redemption herein given shall constitute a part of the judgment and deed made to the purchaser in such case and need not be inserted therein. In such sales each lot or parcel of land shall be sold separately and the purchase price shall be stated in the deed." Measure No. 20. That Section 92 of the City Charter shall be amended so that such section shall read as follows: "Sec. 92. Assessment of Taxes - Supplemental. If the City assessor and collector shall discover any property, real or personal, which was subject to taxation for any year heretofore and which from any cause had escaped taxation, he shall require the same to be listed and assessed according to the rate of taxation levied for the year or years it was omitted and enter the same as a supplement to his next roll, stating the year, and the taxes thereon shall be collected in the same manner as other assessments; providing that such supplemental rolls shall be due at once upon the approval of such rolls by the City Council, and if not paid within sixty (60) days thereafter shall bear a penalty and interest as authorized by Texas property tax laws, and may be collected by seizure and sale or suit as herein provided for the collection of other taxes." Measure No. 21. That the following sections of the City Charter shall be repealed in their entirety: "Sec. 108. Local Improvements. Nothing in the nature of a local public improvement shall be made in or upon any street or other public place of the city except by order or authorization of the board of aldermen expressed by ordinance. Prior to the passage of any such ordinance the board of aldermen shall by resolution declare the necessity for such improvement, state the nature thereof, the method by which it is E proposed that payment be made therefor, and direct the city manager, or city engineer if there be no city manager, to have plans, profiles, specifications and estimates of the proposed improvements prepared. If it be proposed to charge a portion of the cost of any such improvements against the property and owners thereof benefited thereby, or to pay a portion of such cost by levying a tax upon all property within the district benefited by such improvement, the city engineer shall also make and file a report with the board of aldermen as provided in this section. Using as a basis the estimated cost of the proposed improvement, as indicated in the report of the city manager or city engineer thereon, as the case may be, the report of the city engineer shall show either the amount of the assessment for each lot or parcel of land to be assessed, or the names of property owners, the value of the property of each subject ad valorem taxes, and the rate of the tax to be levied for the proposed improvements, as the case may be." "Sec. 109. Assessment Notice for Public Improvements. Upon the filing of the reports of the city manager and city engineer, as provided in section 108 of this Charter, notice shall be given the owners of property which it is proposed to assess, or which would be taxed to pay a portion of the cost of the proposed improvement. Such notice shall be given by publication in the official newspaper of the city and shall indicate the intention of the city to proceed with the improvement, indicate by a general description the lots and lands to be assessed or the district to be taxed, and shall state a time and place when protests and claims will be heard by the board of aldermen. If it is proposed that the cost of any such improvements be paid wholly by the city the notice shall recite that fact and be addressed to citizens of the city in general." "Sec. 110. Damage Claims for Public Improvements. An owner of a lot or land bounding and abutting upon a proposed improvement, claiming that he will sustain damage by reason of the improvements, shall present such claims to the board of aldermen within two (2) weeks after the publication of the notice provided for in section 109. Any such claim shall be made in writing, shall set forth the amount of damage claimed with a general description of the property in respect to which it is claimed the damage will accrue, and shall be filed with the city clerk. Any owner who fails so to do shall be deemed to have waived such damages and shall be barred from filing a claim or receiving damage therefor. This provision shall apply to all damages which will obviously result from the improvement, but shall not deprive the owner of his right to recover damages to such property arising without his fault from acts of the city or its agents. If subsequent to the filing of such claim the owner sells the property, or any part thereof, any such right of damages shall follow the ownership of the land without other transference of the claim. The board of aldermen may allow or disallow any such claim for damage. If the amount of damage allowed by the board of aldermen be satisfactory to the claimant he shall sign a statement to that effect and any such statement shall release the city from any further claim or damage to such property by the proposed improvement. The cost of damage to property resulting from an improvement shall be 10 added to the aggregate cost thereof which may be charged against property benefited by, or taxed for, any such improvement." "Sec. 111. Irregularities in Public Improvement Procedure. The board of aldermen may correct any mistake or irregularity in any proceedings with reference to an improvement, the assessment of the cost thereof against benefited property and its owners, or as to the payment therefor by any tax assessed for that purpose. In case of any error or invalidity the board of aldermen may reassess against any abutting property or its owner the cost or part of the cost of any improvement, or may correct a tax therefor as the case may be." "Sec. 112. Authorizing Local Public Improvements. After the hearing provided for in section 109 of this Charter the board of aldermen may by ordinance order any such improvement of, in or on the street or other public place of the city designated in the resolution declaring the necessity thereof. Any such ordinance may designate the material and methods for such improvement and may provide for its construction, in the name of the city, either by contract or directly by the employment of labor and the purchase of material. Any such ordinance shall provide how the cost of any such improvement shall be paid, but in no event shall more than ninety -eight per centum (98 %) of the cost of improvement, except sidewalks and curbs, be charged against such property owners or their property. The whole cost of sidewalks and curbs constructed in front of any property may be charged against the owner thereof or his property. Charges against benefited property for the construction of main sewers shall not exceed the sum that, in the opinion of the board of aldermen, would be required to construct an ordinary street sewer or drain of sufficient capacity to sewer or drain the lots or lands within the district indicated for such improvement." "Sec. 113. Cost Estimates for Public Improvements. Subject to the provisions of this Charter, the board of aldermen may, in the ordinance ordering a public improvement, assess the portion of the cost indicated in such ordinance against the owners of property benefited by such improvement and against such benefited property. The board of aldermen may provide in any such ordinance for the time and terms of payment of such assessments and the rate of interest payable on deferred payments thereof, which rate of interest shall not exceed eight per centum (8 %) per annum. Any such ordinance may also fix a lien upon the property and declare the assessments to be a personal liability of the owners of such abutting property, and the board of aldermen may cause assignable certificates to be issued in the name of the city declaring the liability of such owners and their property for the payment of such assessments and fixing the terms and conditions of such liability and payment. If any such certificate shall recite that the proceedings with reference to making such improvements have been regularly had in compliance with this Charter and that all prerequisites to the fixing of the lien and persona liability evidenced by such certificates have been performed, such recital shall be prima facie evidence of the facts so recited, and no further proof thereof shall be required in any court. All such certificates shall be 11 signed by the mayor and attested by the city clerk. Such assessments shall be secured by and constitute a lien on said property, which shall be the first enforceable claim upon the property against which it is assessed, superior to all liens and claims except for state, county and municipal taxes. The ordinance making any such assessment shall provide for the collection thereof with cost and reasonable attorney's fees if incurred." "Sec. 114. Cost Assessment Exemptions. Nothing contained in this Charter shall be construed to empower the city to fix a lien by assessment against any property exempt by law from sale under execution. The owner of such exempt property shall nevertheless be personally liable for the cost of improvements so assessed against him. The fact that any improvement is omitted in front of exempt property shall not invalidate the lien of assessments made against other property not so exempt. The lien created against any property or the personal liability of the owner thereof, may be enforced by suit in any court having jurisdiction, or by the sale of property assessed in the same manner as provided for the sale of the property for ad valorem city taxes. The recital in any deed made pursuant to such sale, that all legal prerequisites to such assessment and sale have been complied with, shall be prima facie evidence of the facts so recited and shall be accepted in all courts without further proof." "Sec. 115. Payment by Exempt Owners. When the board of aldermen has reason to believe that the owner of any property may successfully claim the same to be exempt from lien for special assessments it may order that the improvements be not made in front of such property unless the owner thereof shall first satisfactorily secure the payment of the proportion of the cost of the improvement determined to be payable by him. Whenever a part of such cost is payable by the owner of exempt property, and it is provided in the proceedings or contract with reference to the improvement that the contractor is to look to the owners of abutting property and their property for the payment of such part of the cost, the contractor to whom the work shall be let shall not be required to construct the improvement in front of any such exempt property until first satisfactorily secured in the payment of the amount payable by the owners of such exempt property." "Sec. 116. Cost Assessment of Railroads. The board of aldermen shall have power to assess against the owner of any railroad or street railroad, occupying any street or public place of the city ordered to be improved, the whole cost of the improvement between or under the rails or track of such railroad or street railroad and for paving two (2) feet on the outside thereof. Any such ordinance may levy a special tax upon such railroad or street railroad and its roadbed, ties, rails, fixtures, rights and franchises, which tax shall constitute a lien thereon superior to any other lien or claim except for state, county or municipal taxes, and which may be enforced either by sale of such property in the manner provided for the collection of ad valorem taxes by the city, or by suit against the owner in any court having jurisdiction. The ordinance levying such tax shall prescribe when the tax shall become due and delinquent and the method or methods of enforcement." 12 "Sec. 117. Improvement Districts. The board of aldermen, in declaring the necessity of and ordering a public improvement, may designate the portion of the city to be specially benefited by such improvement as an improvement district. any such district shall be clearly designated by metes and bounds in the resolution declaring the necessity of, and in the ordinance ordering, any such improvement. The resolution declaring the necessity of the improvement shall state the intention of the city to require the payment of a specified portion of the cost thereof by levying an annual tax, for a period not to exceed ten (10) years upon all property within the proposed district. The ordinance ordering any such improvement shall, in addition, fix the rate of such annual tax. Any tax so levied shall be included in the taxes, levied for city purposes, against property within such district, for the number of years, not exceed ten (10), which may be required to produce revenue sufficient to defray the specified portion of the cost of the improvement. Any such tax shall be collected by the city assessor and collector in the same manner, at the same time, and under the same rules and regulations as provided for the collection of other city taxes." "Sec. 118. Improvement Districts Receipts. The revenue derived from any tax laid upon property within an improvement district for the purpose of paying a portion of the cost of an improvement made, or to be made, therein shall not be used for any other purpose. In carrying out this requirement the board of aldermen may (a0 defer making the proposed improvement until a sufficient sum shall have been accumulated from such tax to pay the cost thereof; (b) may issue assignable certificates, bearing interest at not to exceed eight per centum (8 %) and payable in equal annual installments, pledging the revenue from such tax for the payment of such cost, or, (c) may provide for the payment of revenue from such tax into a general improvement fund against which assignable certificates may be issued as provided in section 119 of this Charter. The ordinance providing for the establishment of an improvement district shall specify which of these methods is to be followed. The interest to be paid on assignable certificate shall be added to that portion of the cost of an improvement to be defrayed by the tax on property within an improvement district." "Sec. 119. Improvement District Fund. Provision may be made by ordinance for the establishment of a public improvement fund, pledged to the payment of assignable certificates issued as evidence of liability for the cost of public improvements assessed against benefited property, or to be paid by tax upon property within an improvement district. In order to establish such a fund not less than five thousand dollars ($5,000.00) shall first be appropriated to that purpose by the board of aldermen. Any appropriation so made, and any payment made into the improvement fund as hereinafter provided, shall be held in trust to satisfy the obligation created against such fund. Whenever the ordinance ordering an improvement shall so specify, the installments of assessments against property benefited by such improvement, or taxes collected from property in an improvement district to pay a portion of the cost of an improvement therein, shall be paid into the improvement fund. In any such case 13 assignable certificates may be issued pledging the improvement fund for the cost of the improvement chargeable to such benefited property or to the property within such district. Certificates so issued shall be paid out of the improvement fund, may bear interest at not to exceed eight per centum (8 %) per annum, and shall be paid in equal annual installments. In case of such certificates issued as to an improvement, to be paid for in part by assessments upon benefited property and the owners thereof, the number of annual payments shall be the same as the number of such annual assessments. Such certificates issued to an improvement district, shall be paid in as many annual installments, not exceeding ten (10), as may be fixed in the ordinance ordering such improvements. The city clerk shall make a monthly report to the board of aldermen showing the amount in the improvement fund and the certificates falling due for the ensuing month. If at any time it shall appear that there will not be sufficient money in the fund to pay the principal and interest of certificates falling due the board of aldermen shall appropriate to the fund a sufficient sum to make up any such deficiency. The holder of any such certificate about to fall due, or any taxpayer of the city, may bring suit to enforce this requirement." "Sec. 120. Alternative Payment Agreements. Nothing hereinbefore provided shall prevent the city from entering into agreement with property owners whereby they agree to pay the entire cost of a public improvement, or such other portion thereof and upon such terms as may be determined by the board of aldermen. Measure No. 22. That Section 120a of the City Charter shall be amended so that such section shall read as follows: "Sec. 120a. Incorporation of State Law. The authority, powers, and procedures specified by Chapter 402 of the Texas Local Government Code are hereby incorporated herein and made a part of this charter for all purposes." Measure No. 23. That new Section 154 of the City Charter be provided establishing minimum wages for certain positions in the police department. Such section shall read as follows: "Sec. 154. Minimum wages for listed positions of Wichita Falls police officers. Effective October 1, 1999, minimum wages for the following listed positions of Wichita Falls police officers shall be as follows: Police Officer $3,109 per month after one year of service Police Sergeant $3,606 per month Police Lieutenant $3,884 per month Police Captain $4,395 per month 14 The City shall not reduce or diminish any economic benefit or emolument being received by Wichita Falls police officers as a direct or indirect result of the implementation of this minimum wage requirement." SECTION 3. The proposed measures to amend the Charter of the City of Wichita Falls as proposed in Section 2 of this ordinance shall be submitted to the qualified voters at a special election on August 14, 1999, on the ballot and in the form of the following propositions. The numbers of the propositions shall correspond to the number of the measures, and the words "yes" and "no" shall be printed to the left of each proposition on the ballot. Proposition No. 1. Shall Section 1 of the City Charter be amended so that it specifies a Council- Manager form of government and describes the authority of the City Council and City Manager? Proposition No. 2. Shall Section 2 of the City Charter be amended so that it describes the boundaries of the City limits by an official map to be kept in the office of the City Clerk? Proposition No. 3. Shall Sections 3 through 6 of the City Charter be repealed and replaced by new sections 3a, 3b and 3c which describe the annexation and disannexation procedures as authorized by State law? Proposition No. 4. Shall Section 10 of the City Charter be amended so as to describe the membership of the City Council to consist of a Mayor and six Councilors as required in the 1985 federal court judgment? Proposition No. 5. Shall Section 11 of the City Charter be amended so as to state the qualifications for candidacy to the City Council including a $100 filing fee or a 50- signature petition in lieu thereof? Proposition No. 6. Shall new Section 13 be established to state that all gender references within the City Charter shall include both male and female, and that singular nouns and pronouns include the plural? Proposition No. 7. Shall Section 20 of the City Charter be amended to provide for the procedure of publishing the notice of elections as specified by Texas election laws? Proposition No. 8. Shall Section 22 of the City Charter be amended to provide election procedures in accordance with the election laws of the State? ,. 15 Proposition No. 9. Shall Section 24 of the City Charter be amended concerning the recall of district Councilors so as to authorize only electors within a Council district to sign a recall petition for that Council position? Proposition No. 10. Shall Section 35 of the City Charter be amended to establish the position of a Mayor Pro -Tem and specifying the duties of the office? Proposition No. 11. Shall Section 38 of the City Charter be amended to delete the requirement that excused absences of a council member be obtained prior to such absence? Proposition No. 12. Shall Section 44 of the City Charter be amended by providing that initiative elections be held at the earliest date authorized by Texas election laws? Proposition No. 13. Shall Section 74 of the City Charter be amended concerning ad valorem taxes so as to identify the purposes for which ad valorem taxes can be expended, and further stating that only qualified voters of the City may vote on bond issues? Proposition No. 14. Shall Section 75 of the City Charter be amended so as to authorize the City Council to issue bonds and obligations for municipal purposes as authorized by the Constitution and laws of the State of Texas? Proposition No. 15. Shall Section concerning property tax appraisals so as appraisals be in accordance with State law? 77 of the City Charter be amended to require that tax lists, inventories and Proposition No. 16. Shall Section 79 of the City Charter be amended concerning delinquent tax seizures so as to remove obsolete references to the position of City assessor and collector and county tax collector? Proposition No. 17. Shall Section 81, concerning the payment of taxes; Section 85, concerning tax foreclosures and redemption; Section 87, concerning nonresident tax suits; and Section 92, concerning delinquent penalty and interest rates; be amended so as to require the procedures specified by Texas tax laws? Proposition No. 18. Shall Sections 108 through 120 of the City Charter concerning local improvements, be repealed? Proposition No. 19. Shall Section 120a of the City Charter be amended to state that the authority, powers and procedures specified by Chapter 402 of the TEXAS LOCAL GOVERNMENT CODE be incorporated and made a part of the City Charter for all purposes? •f ., 16 Proposition No. 20. Shall new Section 154 of the City Charter be created which establishes minimum wages for certain positions within the Police Department? SECTION 4. It is hereby officially found and determined that the meeting at which this ordinance was passed was open to the public as required by law. PASSED AND APPROVED this the 29th day of June, 1999. AYOR ATTEST: CITY OF WICHITA FALLS VOTING PLACES, PRESIDING & ALTERNATE JUDGES r August 14. 1999 r.YVOT�G ,.80X� P.RECINC�TS'k i�.. POC�LING�PLACE;,���t pRESID/1 ,,;;;�AL'�,ERIV.A;,,_; �M�IS,TRI,Cr 1 10, 11,21 Harrell Center Bettie Murphy 1 31155 St. Mike Murdock 2 14, 25, 46) Crockett School Alta Ritchie 1 3015 Ave I. Betty Welch 3 15, 23, 24 Sam Houston Madeline McLaughlin 1 2500 Grant Nel Enriquez 4 19, 20, 22 Zundy Jr. High Etlan Rushing 1 1706 Polk Wanda Lame 5 4, 7, 40 Washington /Jackson La Nora Taylor 2 1300 Harding Mary Bailey 6 13, 41, 51 Fannin School Annella Evans 2 710 Burk Rd. Margie Fenner 7 1, 2, 17 Austin School Roy Bowling 2 130913 1h St. Pauline Bowling 8 30 M.S.U. Hardin Shirley Harris 3 3400 Taft Mildred Dinnin 9 8,52 Cunningham Elem Wrethia L. Cook 3 4107 Phillips Patricia Johnson 10 12,43 Ben Franklin Susan Ramser 3 2112 Speedway Margaret Rosenberger 11 16,31 Rider High School Laverne Graham 3 4611 Cypress Jean Bartosh 12 3, 6, 50 McGaha School Wm T. Fortune 4 1615 Midwestern Pkwy Virginia Gant 13 5 Fain School Charles Kazmer 4 1562 Norman Ivan Dunn 14 48 Faith Lutheran Church Steven Draper 4 1437 S.W.Pkwy Sharon Thomas 15 9 Fowler School Cindy Ward 4 118,42,44,46 5100 Ridgecrest Joanie Vicars 16 Hirschi High School Dorothy Walker 5 3106 Borton Eula Robinson 17 26, 32, 49, Kate Haynes Ella M. Smith 5 1705 Katherine Lillian Jones Central Counting Station Judge: Gordon Wallace Early Ballot Board Judge: Iwilda Mitchell "EXHIBIT A" JUDGES Die!kfs AUGUST99