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Ord 034-88 3/15/1988r ORDINANCE NO. /"O AN ORDINANCE SUBMITTING PROPOSED AMENDMENTS TO THE CITY CHARTER OF THE CITY OF WICHITA FALLS, SETTING FORTH THE PROPOSED AMENDMENTS, AND PRESCRIBING THE FORM OF THE PROPOSITIONS, AT THE MAY 7, 1988 ELECTION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1. There shall be submitted at the regular municipal election to be held on May 7, 1988, the following measures to adopt amendments to the City Charter of the City of Wichita Falls: Measure No. 1. Section 3a shall be amended to read as follows: "Section 3a. The corporate limits of the City as herein established may be enlarged and extended, and areas within the corporate limits may be exchanged with other municipalities, with or without the consent of the inhabitants or property owners within the area annexed or exchanged, by adoption of an ordinance by the City Council in accordance with the rules prescribed by the laws of the State of Texas. Upon the final passage of any such ordinance, the boundary limits of the City shall thereafter be as fixed in such ordinance and when any such additional territory has been so annexed same shall be a part of the City of Wichita Falls and the property situated therein shall bear its pro rata part of the taxes levied by the City and the inhabitants thereof, if any, shall be entitled to all the rights and privileges of all the citizens and shall be bound by the acts, ordinances and resolutions of the City. " Measure No. 2. A new Subsection (r. 1) shall be added to Section 7, which shall read as follows: " (r. l) To fund projects which promote the economic development of the city. " 1 'h. r Measure No. 3 . Section 10 shall be amended to read as follows: "Section 10. The City Council shall be composed of a Mayor and six Council members. The Mayor and one Council member shall be elected from the City at-large; the other five Council members shall be elected from five single-member districts. The boundaries of such single-member districts shall be established by the City Council. Any person seeking election to the position of Mayor or at-large Council member shall be a bona fide resident within the corporate limits of the City, and in order to be elected, must receive a plurality of the votes cast in the entire City. Any person seeking election to any particular numbered district shall be a bona fide resident of such district; to be elected, such person must receive a plurality of the votes cast in such district. If the Mayor or the at-large Council member ceases to be a bona fide resident within the City limits, the office shall become vacant; if a Council member from one of the districts ceases to be a bona fide resident of the district from which elected, that office shall become vacant. The Mayor and the Council members shall serve for terms of four years and until their successors are chosen and qualified. A regular municipal election shall be held each even-numbered year, beginning in 1990, on the date set by and in accordance with the laws of the State of Texas. At such election to be held in 1990 and each fourth year thereafter, the Mayor and Council members from District 3, District 4 and District 5 shall be elected; at such election to be held in 1992 and each fourth year thereafter, the at-large Council member and the Council members from District 1 and District 2 shall be elected. In the interim, a regular municipal election shall be held in 1989, at which election the at-large Council member and the Council members from District 1 and District 2 shall be elected to serve for terms of three years and until their successors are chosen and qualified. " 2 r Measure No. 4. Section 38 shall be amended to read as follows: "Section 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 $500. 00 per month, and the salary of each Council member shall in no event exceed $300. 00 per month. Until the adoption of an ordinance fixing such compensation aforesaid, the salary of the Mayor shall be $25.00 per month, and the salary of each of the Council members shall be $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 prior to such absence, shall forfeit two ( 2%) percent of his entire annual compensation for each such absence. " Measure No. 5. Section 60 shall be amended to read as follows: "Section 60. Various departments, divisions and offices shall be established by action of the City Manager. Except as otherwise provided in this Charter, the City Manager may abolish any department, division or office or transfer its duties in whole or in part to any other department, division or office. " Measure No. 6. Section 61 shall be amended to read as follows: "Section 61. A City Attorney and a City Clerk shall be appointed by the City Council, without definite term, and may be removed at the pleasure of such Council. Each shall appoint, and may remove, such assistants and subordinates as the City Council may authorize each to employ. All other directors and heads of departments and officers shall be appointed by the City Manager on the basis of executive 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 3 the case of the removal, if the officer so demands, a written statement shall be made by the City Manager of the reasons therefore, 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. " Section 66 shall be amended to read as follows: "Section 66. The Director of Finance shall keep accounts showing the financial transactions for all City departments, divisions and offices. Forms for such accounts shall be prescribed by the Director of Finance and shall be adequate to record all cash receipts and disbursements, all revenues accrued and liabilities incurred, and all transactions affecting the acquisition, custody and disposition of values, and to make such reports of the financial condition and transactions of the City as may be required by the City Manager or City Council. " Section 106 shall be amended to read as follows: "Section 106. No claim against the City shall be paid except upon a voucher certified by the head of the appropriate department, division or office of the City government, and by means of a warrant on the City treasury, issued by the Director of Finance and countersigned by the City Manager. The Director of Finance shall examine all payrolls, bills, and other claims and demands against the City, and shall issue no warrant for payment unless he finds that the claim is in proper form, correctly computed and duly certified; that an appropriation has been made therefore which has not been exhausted; that the payment has been otherwise legally authorized, and that there is money in the City treasury to make payment. He may require any claimants to make oath to the validity of a claim. He may 4 investigate any claim, and for such purposes may examine witnesses under oath. If he finds a claim to be fraudulent, erroneous, or otherwise invalid, he shall not issue a warrant therefor. " Measure No. 7. Section 65 shall be amended to read as follows: "Section 65. The City Manager shall have the power to appoint a Director of Finance to have supervision over the Department of Finances and to administer the financial affairs of the City, including the levy, assessment and collection of taxes, or other revenues, and the custody and disbursement of City funds and money. " Measure No. 8. Section 104 shall be amended to read as follows: "Section 104. Any public work or improvement may be executed either by or contract by direct labor as may be determined by the City Council. Before authorizing the direct execution of any work or improvement, detailed plans and estimates thereof shall be available to the City Council, and there shall be separate accounting as to each work or improvement so executed. All such contracts for any public work or improvement for an amount more than the amount specified by State law for the taking of sealed competitive bids, shall be awarded to the lowest responsible bidder, after public advertisement and competition as required by State law; but the City Manager or the City Council shall have power to reject all bids and to advertise again. All advertisements as to contracts shall contain a reservation of the foregoing right. Contracts for public works and improvements shall be signed by the City Manager after approval by the City Council. " Measure No. 9. Section 142 shall be amended to read as follows: "Section 142. The City may enforce its ordinances by fines not exceeding those authorized by the laws of the State of Texas, and may also provide by ordinance for the commutation of such 5 fines by labor on any public work or place of the City, but no ordinance shall provide a lesser penalty than is prescribed for a like offense by the laws of the State. Provision may also be made by ordinance for the collection of fines imposed and executions issued in civil cases. " Measure No. 10 Section 9a shall be amended to read as follows: "Section 9a. The name of the Board of Aldermen is changed to the City Council. Any reference in this Charter or in any ordinances, resolutions or other documents to the Board of Aldermen shall be construed as meaning the City Council. Members of the City Council shall be known as Councilors. " SECTION 2. The measures to amend the Charter of the City of Wichita Falls as proposed in Section 1 of this ordinance to be submitted to the qualified voters at the regular municipal election shall be submitted on the ballot in the form of the following propositions. The numbers of the propositions shall correspond to the numbers 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 3a of the City Charter be amended to provide that, in annexing territory, City shall use only those procedures required by state law? Proposition No. 2. Shall the City Charter be amended to authorize the City to fund projects which promote the economic development of the City? Proposition No. 3 . Shall Section 10 of the City Charter be amended to increase the terms of the Mayor and City Council from two ( 2) years to four ( 4) years? Proposition No. 4. Shall Section 38 of the City Charter be amended to allow payment to the Mayor of a monthly salary not to exceed $500. 00, and to allow payment to each Council member a monthly salary not to exceed $300. 00? 6 Proposition No. 5. Shall Section 60 of the City Charter be amended to provide that departments, divisions and offices shall be established by action of the City Manager? Proposition No. 6. Shall Sections 61, 66, and 106 of the City Charter be amended to delete the position of Chief Accounting Officer and transfer his duties to the Director of Finance? Proposition No. 7. Shall Section 65 of the City Charter be amended to delete the provision that other duties of the Director of Finance be prescribed by ordinance? Proposition No. 8. Shall Section 104 of the City Charter be amended to change the requirement for competitive bids on City public works contracts from the set figure of Five Thousand ($5,000. 00) Dollars to the figure which is established by state law? Proposition No. 9. Shall Section 142 of the City Charter be amended to allow such fines as are authorized by state law? Proposition No. 10. Shall Section 9a of the City Charter be amended to provide that members of the City Council shall be called Councilors? PASSED AND APPROVED this the 15th day of March, 1%88. if A Y O ATTEST: City lerk 7 L Ad 253425 Ordinance .25-88 Affidavit of Publication A ORDINANCE NCE REPEALING ARTICLE II OF THE CHAPTER 25 OF THE CODE OF ORDINANCE, WHICH REGULATES DANCE THE STATE OF TEXAS HALLS. Ordinance 26-88 ORDINANCE No. EALING COUNTY OF WICHITA DIVISION 1 OF CHAPTER 25 OF THE CODE OF ORDINANCE, (P, WHICH REGULATES DOMINO CI PARLORS. 4th April Ordinance No.27.88 On this day of AN ORDINANCE EXTENDING THE CITY LIMITS OF THE CITY OF 1988 WICHITA FALLS,BY ANNEXING CERTAIN TRACT OF LAND ORAL A.D. personally appeared before me, the undersigned authority CENT TO THE TERRITORIAL P Y eare PP g Y LIMITS OF THE CITY OF WICHITA Darice Ming FALLS,TEXAS,WHICH TRACT OF bookkeeper LAND AND SERVICE PLAN FOR SUCH TRACT OF LAND ARE DE- SCRIBED IN THIS ORDINANCE. for the Times Publishing Company of Wichita Falls, publishers of the Wichita Falls Ordinance No.28-88 ORDINANCE WAIVING SEC- Times/Record News, a newspaper published at Wichita Falls in Wichita County, TION 9B 2A OF THE COM- PREHENSIVE SUBDIVISION OR-' Texas, and upon being duly sworn by me, on oath states that the attached DINANCE WITH RESPECT TO THE REPLAT OF LOT 1, BLOCK 73,EAST SIDE GARDENS. I advertisement is a true and correct copy of advertising published Ordinance No.29-88 one ORDINANCE AMENDING SEC-I in 1 issues thereof on the following dates: TION 8-27 OF THE CODE OF ORDINANCES TO REMOVE THE I April 4 , 1988 REQUIREMENT THAT A LOCAL!!' NON-PROFIT ORGANIZATION HOLDING AN ITINERANT MERCHANT'S PERMIT OBTAIN A SURETY BOND. Ordinance No.30-88 AN ORDINANCE REZONING i LOTS 12-15, BLOCK A, WAR-I Bookkeeper for Times Publishing Company FORD SUBDIVISION WICHITA FALLS, TEXAS, FROM LIMITED'' of Wichita Falls COMMERCIAL TO GENERAL COMMERCIAL ZONE. Ordinance No.31-88 ORDINANCE WAIVING SEC- L) Subscribed and sworn to before me this the day and year first above written. TIONS 22 1(a)8 AND.22 1(a)9 OF THE CODE OF ORDINANCES TO ALLOW THE SALE OF FOOD' r � AND SOFT DRINKS THE POSTING OF ADVERTISING DE-1 VICES AT HAMILTON PARK TEN- NIS CENTER FOR A TENNIS TOURNAMENT TO BENEFIT DRUG FREE NORTH TEXAS,, INC., ON APRIL 8, 9, AND 10, 1988; Ordinance No.32-88 ORDINANCE WAIVING SEC-I TION 25-69 OF THE CODE OF I ORDINANCES TO ALLOW THE LEWIS SHOW OPERATION THE NOTRE TRANSIENT DAME 11011.C, Texas is "' HIGH SCHOOL 12TH ANNUAL .talsslOri Expires SPRING FESTIBAL ON APRIL 29 AND 30 AND MAY 1, 1988, AUTHORIZING TEMPORARY ON-PREMISE SALE OF WINE 1 AND BEER PURSUANT TO SEC- TION 5420(5)OF THE ZONING ORDINANCE, AND WIAVING THE REQUIREMENTS OF ORDI- NANCE NO. 63-85 TO ALLOW r3 THE KEEPING OF THREE COWS ON THE PREMISES DURING THE FESTIVAL. Ordinance No.33-88 ORDINANCE APPROPRIATING FUNDS FROM THE GENERAL FUND FOR ADDITIONS TO THE MUNICIPAL TENNIS CENTERS FOR THE SUPER SECTIONAL TO BE HELD JUNE 1988. Ordinance No.34-88 AN ORDINANCE SUBMITTING - PROPOSED AMENDMENTS TO THE CITY CHARPTER OF THE CITY OF WICHITA FALLS, SET- . TING FORTH THE PROPOSED AMENDMENTS, AND PRESCRIB- • ING THE FORM OF THE PROP- ,' ASITIONS,AT THE MAY 7,1988 ELECTION. •