Ord 023-83 2/15/1983•
ORDINANCE NO. '-
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 BALLOT, AT THE APRIL
2, 1983 ELECTION.
BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS, TEXAS, THAT:
SECTION 1 . There shall be submitted at the regular municipal
election to be held on April 2, 1983, the following propositions to
adopt amendments to the City Charter of the City of Wichita Falls :
Proposition No . 1
A new Section 9a shall be added, 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 Alder-
men shall be construed as meaning the City Council . "
Proposition No . 2
Delete Section 152 in its entirety.
Proposition No. 3
Amend the third sentence of Section 104 to read as follows:
"All contracts for more than $5 , 000 shall be awarded
to the lowest responsible bidder, after public advertisement
and competition as may be prescribed by ordinance; but the City
Manager or the Board of Aldermen shall have power to reject all
bids and to advertise again. "
Proposition No . 4
Delete Section 78 in its entirety .
Amend Section 77 by deleting all that part of the last
sentence therein following "city assessor and collector" .
Proposition No . 5
Amend Section 130 to change the phrase "corporation court"
to "municipal court" wherever it appears .
Proposition No. 6
Amend the second sentence of Section 40 to read as follows:
"Such petition shall be signed in ink or indelible pencil,
and each signer must himself enter beside his signature the
date he signed the petition, and his current voter registration
number, his printed name, and his residence address by street
and number, and zip code; if there is no street number, such
other description sufficient to identify the place . "
Amend Section 41 to read as follows:
"Section 41 . An initiative petition to be sufficient shall
be signed by registered, qualified voters of the City in a number
equal to or greater than ten percent of those who voted in the
last preceding regular municipal election, and in no case by
less than 3, 000 voters . Within 45 days after the filing of a
petition, the Clerk shall ascertain whether it be signed as
provided in this section and shall attach thereto a certificate
showing the result of his examination . If, by the Clerk 's certifi-
cate, of which notice in writing shall be given to the committee
of the petitioners, the petition is shown to be insufficient, it
may be amended within fifteen days of the date of such certificate
by filing supplementary petition papers with additional signatures .
Within fifteen days after such an amendment, the Clerk shall
make an examination of the amended petition, and if his certificate
shall show the same still to be insufficient, he shall file the
petition in his office and notify each member of the committee
of that fact. The final finding of the insufficiency of a
petition shall not prejudice the filing of a new petition for
the same purpose . "
Proposition No . 7
Amend Section 48 to read as follows :
"Section 48 . If within thirty days after the passage of
a measure by the Board of Aldermen a petition signed by the
registered, qualified voters of the City in a number equal to or
greater than ten percent of those who voted in the last preceding
regular election and in no case by less than 3, 000 voters be
filed with the City Clerk requesting that such measure or any
part thereof be either repealed or submitted to a vote of the
electors , it shall not, unless it be an emergency measure, become
operative until the steps indicated herein have been taken; pro-
vided that this section shall not apply to ordinances passed
by the Board of Aldermen authorizing the issuance of bonds
theretofore voted by the qualified voters of the City. "
Amend the second sentence of Section 49 to read as follows :
"Such petitions shall be signed in ink or in indelible pencil,
and each signer must himself enter beside his signature the
date he signed the petition, and his current voter registration
number, his printed name, and his residence address by street
and number, and zip code; if there is no street number, such
other description sufficient to identify the place . "
Amend Section 50 to read as follows :
"Section 50 . Within 45 days after the filing of a referendum
petition, the Clerk shall ascertain whether it be signed as
provided in Section 48 of this Charter and shall attach to the
petition a certificate showing the result of such examination
and shall give notice thereof to the committee of the petitioners .
If by the Clerk' s certificate the petition is shown to be
insufficient, it may be amended within fifteen days from the date
of such certificate by filing supplementary petition papers with
additional signatures . The Clerk shall, within fifteen days
after such an amendment, make like examination of the amended
petition and certify the result thereof . "
Proposition No. 8
Amend Section 136 to read as follows:
"Section 136 . No member of the Board of Aldermen shall,
during the term for which he is elected, be appointed to any
city, county, or state office or employment for which he would
be paid compensation or which would create the possibility and/or
appearance of conflicts of interest, which would be determined
by the Board of Aldermen. Any appointive officer or employee
of the City (except policemen and firemen) , shall forfeit his
office or employment if he shall be elected to any public office,
if his holding of the elective office could create the possibility
and/or appearance of conflicts of interest, or if it might
materially interfere with his loyalty, efficiency and effective-
ness as an officer or employee of the City, which would be determined
by the City Manager. "
Proposition No. 9
Amend Section 122 to read as follows:
"Section 122 . Any public utility franchise hereafter granted
may be terminated by ordinance at specified intervals of not more
than five years after the beginning of operation, whenever the
City shall determine to acquire by condemnation the property of
such utility, necessarily used in or conveniently useful for the
operation thereof . In the event of such condemnation, the pro-
cedure to be used shall be that set forth in Article 3264 through
Article 3271, Revised Civil Statutes of Texas . "
Proposition No . 10
Amend Section 10 to read as follows:
"Section 10 . The Board of Aldermen shall consist of a
mayor and six aldermen elected to serve for a term of two years ,
and until their successors have been duly elected and qualified.
The mayor shall be elected by the City at large; the aldermen
shall be elected from wards . The Board of Aldermen shall divide
the City into six wards with due regard for equal distribution
of the population in such wards . The qualified voters of each
ward shall elect as an aldermen a resident of such ward who has
been a resident of such ward for at least six months prior to
his election, and should he move from such ward during his term
of office, his office shall be deemed vacant. Every ten years,
as of the first day of January following receipt of the population
counts for the federal decennial census as released by the
Director of the Bureau of the Census, the Board of Aldermen
shall change the boundaries of the wards so that said wards
shall contain as far as practicable an equal number of voters .
City elections shall be held on the first Saturday in
April of each year. At such election held in 1984 , the mayor
and three aldermen from wards shall be elected; the three aldermen
elected at large in 1983 shall serve out their terms . At such
election held in 1985, and each odd-numbered year thereafter,
three aldermen shall be elected; at such election held in each
even-numbered year thereafter, the mayor and three aldermen
shall be elected. "
SECTION 2 . The propositions 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, the form of the official ballot, and the instructions
for voting shall be substantially as follows:
INSTRUCTIONS FOR VOTING: Place "X" in square beside the state-
ment indicating the way you wish to vote .
Proposition No . 1
/ / YES PROVIDING FOR CHANGING THE NAME OF BOARD OF ALDER-
MEN TO CITY COUNCIL.
Shall the City Charter be amended to change the
/ / NO name of the Board of Aldermen to City Council?
Proposition No. 2
/ / YES PROVIDING FOR DELETION OF PROVISION THAT ILLEGALLY
ATTEMPTS TO MAKE THE CITY CHARTER SUPERIOR TO
STATE LAW.
/ / NO Shall Section 152 of the City Charter, which provides
that a Charter provision shall supersede state law,
be deleted?
Proposition No . 3
/ / YES PROVIDING THAT ALL CITY PUBLIC WORKS CONTRACTS FOR
MORE THAN $5, 000 SHALL BE AWARDED ON COMPETITIVE
BIDS .
Shall Section 104 of the City Charter be amended
/ / NO to raise the requirement for competitive bids on
City public works contracts from $1, 000 to $5, 000 ,
as required by state law?
Proposition No . 4
/ / YES PROVIDING FOR DELETION OF PROVISIONS IN SECTIONS
77 AND 78 ABOUT CITY BOARD OF EQUALIZATION.
/ / NO Shall all of Section 78 of the City Charter, and
portions of Section 77 thereof, which deal with
City Board of Equalization, be deleted, as this
function is now handled by the Wichita County
Appraisal District?
Proposition No . 5
/ / YES PROVIDING FOR CHANGE OF NAME OF CORPORATION COURT
TO MUNICIPAL COURT.
Shall Section 130 of the City Charter be amended
/ / NO to change the name of corporation court to municipal
court?
Proposition No . 6
/ / YES PROVIDING FOR INCREASE IN NUMBER OF SIGNERS OF
INITIATIVE PETITIONS, AND ESTABLISHING INFORMATION
TO BE FURNISHED BY EACH SIGNER, AND INCREASING TIME
PERIOD FOR VERIFYING SUCH PETITIONS .
/ / NO Shall Sections 40 and 41 of the City Charter be
amended to increase the minimum number of signers
of initiative petition to 3, 000, to establish the
information each signer furnishes, and extending
the time within which petitions may be verified?
L
Proposition No. 7
/ / YES PROVIDING FOR INCREASE IN NUMBER OF SIGNERS OF
REFERENDUM PETITIONS, AND ESTABLISHING INFORMATION
TO BE FURNISHED BY EACH SIGNER, AND INCREASING TIME
PERIOD FOR VERIFYING SUCH PETITIONS .
/ / NO Shall Sections 48, 49 , and 50 of the City Charter
be amended to increase the minimum number of
signers of referendum petition to 3, 000 , to
establish the information each signer furnishes,
and extending the time within which petitions
may be verified?
Proposition No . 8
/ / YES PROVIDING FOR CHANGING THE RESTRICTIONS ON CITY
ALDERMEN, OFFICERS AND EMPLOYEES SEEKING OTHER
PUBLIC OFFICE OR EMPLOYMENT.
/ / NO Shall Section 136 of the City Charter be amended
to clarify the restrictions on city aldermen,
officers, and employees from holding other
public offices?
Proposition No . 9
/ / YES PROVIDING FOR METHOD BY WHICH CITY MAY ACQUIRE
PUBLIC UTILITY COMPANY.
/ / NO Shall Section 122 of the City Charter be amended
to provide that, whenever the City shall determine
to acquire a public utility operating under a
franchise from the City, it shall use the procedure
set forth in the state eminent domain statutes?
Proposition No. 10
/ / YES PROVIDING FOR THE MANNER OF ELECTING MEMBERS OF
THE BOARD OF ALDERMEN.
/ / NO Shall the present system of at-large representation
be retained instead of replacing it with the
ward system?
PASSED AND APPROVED this the 15th day of February, 1983 .
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ATTEST:
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City'Clerk
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Affidavit of Publication
THE STATE OF TEXAS
COUNTY OF WICHITA
(Arista Ciinoine Here)
ORDINANCE NO.9
AN.ORDINANCE CLOSING, March
VACATING, AND ABANDON- On this 8 day of
ING THE PORTION OF VAN
BUREN STREET BETWEEN q
5TH STREET AND THE BIG 1953
WICHITA RIVER AND RE- A.D personally appeared before me,the undersigned authority
TAINING A UTILITY EASE-
MENT. Toni Belvedere
ORDINANCE NO. 10-83 bookkeeper
AN ORDINANCE CLOSING,
VACATING, AND ABANDON-
ING THE SOUTH FIFTY (50)
FEET OF THE.ONE-HUNDR- for the Times Publishing Company of Wichita Falls, publishers of the Wichita Falls
ED(100)FOOT LONG,TWEN-
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THREE (3) FEET OF THE
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TWENTY-FIVE (25) FOOT
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ORIGINAL TOWNSITE t. J' .`� �I-WICHITA FALLS, TEXAS,
AND RETAINING A UTILITY
EASEMENT. Bookkeeper for Times Publishing Company
ORDINANCE NO. 12-83 of Wichita Falls
AN ORDINANCE CLOSING, ',
VACATING,AND ABANDON- I
ING THE TEN (10) FOOT
WIDE ALLEY IN BLOCK 265,
NOBLE & HENDERSON Subscribed and sworn to before me this the day and year first above written.
TRIANGLE RESURVEY;
ORIGINAL TOWNSITE OF ,
WICHITA FALLS, TEXAS, / . • '}
'AND RETAINING A UTILITY ( .!
I EASEMENT. 1 _ .•._,
ORDINANCE NO. 13-83 Pnr P; •
AN ORDINANCE CLOSING, -°�—���`
VACATING, AND ABANDON- ' / ROY L.REAVES
ING THE FIFTEEN (1 5) - / Notary Public,State of Texas 3'S
FOOT WIDE, NORTH-SOUTH ..*%\i'c't1
ij My Commission Expires Nov.30,19._•
ALLEYS IN BLOCKS 73&74, •
ORDINANCE NO. 17-83 :" $.$.446 4Z-266Z
AN ORDINANCE FIXING �O .
FAITH VILLAGE, UNIT III, c
AN ADDITION TO THE CITY AND DETERMINING THE
OF WICHITA FALLS,TEXAS, GENERAL SERVICE RATE
AND RETAININGAUTILITY PTO BE CHARGED FOR
EASEMENT: SALES OF NATURAL GAS TO
ORDINANCE NO. 14-83 RESIDENTIAL AND COM- ORDINANCE NO. 20-83 ORDINANCE NO. 23-83
AN ORDINANCE AMENDING, MERCIAL CONSUMERS IN AN ORDINANCE MAKING AN ORDINANCE SUBMIT-
ORDINANCE NO.115-82(THE THE CITY OF WICHITA AN APPROPRIATION FROM TING PROPOSED AMEND-
1982 BUILDING CODE OF FALLS, WICHITA COUNTY, THE CAPITAL PROJECTS MENTS TO THE CITY CHAR-
;THE CITY OF WICHITA TEXAS; PROVIDING FOR FUND TO ACCOUNT NUM- 'TER OF THE CITY OF
FALLS) ESTABLISHING THE MANNER IN WHICH BERS LISTED BELOW,AND `WICHITA FALLS, SETTING
MONTHLY MEETINGS O F , SUCH RATE MAY BE D E C L A R I N G AN IFORTH THE PROPOSED
THE BUILDING BOARDS OF I I CHANGED,ADJUSTED,AND EMERGENCY. 1 AMENDMENTS, AND PRE-
ADJUSTMENTS AND APPE-' AMENDED, PROVIDING ORDINANCE NO. 21-83 SCRIBING THE FORM OF
ALS AND REQUIRING TEN '. FOR SURCHARGE; AND AN ORDINANCE MAKING ;THE BALLOT, AT THE AP-
DAYS ADVANCE WRITTEN PROVIDING FOR A AN APPROPRIATION FROM i RIL 2, 1983 ELECTION.
NOTICE OF APPEALS TO SCHEDULE OF SERVICE THE GENERAL FUND TO I i ORDINANCE NO.24-83
SAID BOARD. CHARGES. ACCOUNT NUMBER LISTED ORDINANCE DECLINING TO
ORDINANCE NO. 15-83 ORDINANCE NO. 18-83 BELOW, AND DECLARING REPEAL ORDINANCE NO.
IAN ORDINANCE MAKING ORDINANCE AMENDING AN EMERGENCY. 100-82, THE AIRPORT ZON-
AN APPROPRIATION FROM SECTION 17-58,SUBSECTION ORDINANCE NO. 22-83 ING ORDINANCE, WHICH
THE GENERAL FUND EQUI- (a)TO REQUIRE A LICENSE ORDINANCE WAIVING OR- ESTABLISHED HEIGHT
TY TO ACCOUNT NUMBER 'TO TRANSPORT GARBAGE DINANCE NO. 2491 AS LIMITATIONS AND RE-
LISTED BELOW, AND DEC- OR TRASH TO TRANSFER AMENDED,TO ALLOW SALE GULATED THE USE OF CER-
LARING AN EMERGENCY. STATION, AMENDING SEC- OF BEER AT OUR LADY TAIN PROPERTY IN THE VI-
I, ORDINANCE NO. 16-83 TION 17-62, SUBSECTION (b) QUEEN OF.PEACE PARISH CINITY OF SHEPPARD AIR
AN ORDINANCE WAIVING TO INCREASE LANDFILL 'HALL FOR EL CLUB CAP- FORCE BASE/WICHITA
CERTAIN MINIMUM BUILD- USE FEES AND SET TRANS- 'RI'S NINTH ANNUAL MEXI- FALLS MUNICIPAL AIR-
ING SETBACK REQUIRE- I FER STATION USE FEES CAN DINNER ON SATUR- 'PORT, AND SUBMITTING
MENTS ON A PROPOSED I AND ADDING SECTION 17-66 DAY, MARCH 12, 1983. THE QUESTION TO THE
REPLAT OF LOTS 6-10, TO PROHIBIT THE USE OF ELECTORS AT THE NEXT
BLOCK 256, ORIGINAL I CERTAIN CONTAINERS AND ;MUNICIPAL ELECTION ON
TOWNSITE OF WICHITA ',TRAILERS ON TRANSFER APRIL 2, 1983.
FALLS, TEXAS. STATION TIPPING FLOOR.
ORDINANCE NO. 17-83 ORDINANCE NO. 19-83
AN ORDINANCE FIXING AN ORDINANCE MAKING
AND DETERMINING THE AN APPROPORIATION
GENERAL SERVICE RATE FROM THE GENERAL FUND
'TO BE CHARGED FOR TO CCOUNT AND DEG'
SALES E NATURAL
AND GAS TO LARING AN EMERGENCY.
RESIDENTIAL ANO COM-
•ecorIAl CONSUMERS IN