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Ord 3163 2/15/1977 1 t 1 ORDINANCE NO. 3163 AN ORDINANCE CALLING REGULAR MUNICIPAL ELECTION TO BE HELD APRIL 2, 1977 , FOR ELECTION OF THREE MEMBERS TO THE BOARD OF ALDERMEN AND FOR SUB- MITTING PROPOSED AMENDMENTS TO THE CITY CHARTER OF THE CITY OF WICHITA FALLS; SETTING FORTH THE PRO- POSED AMENDMENTS; PRESCRIBING THE FORM OF THE BAL- LOT; DESIGNATING THE PRECINCTS AND POLLING PLACES AT WHICH THE ELECTION SHALL BE HELD; AND REQUIRING THE PUBLISHING OF NOTICE OF THE ELECTION. BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS: SECTION 1. That a regular municipal election shall be held on the first Saturday in April, 1977, being the 2nd day of April, 1977 , for the purposes of electing three members to the Board of Aldermen of the City and for submitting propositions to adopt amendments to the City Charter of the City of Wichita Falls. SECTION 2. The election called for above shall be held for the purpose of electing the following officials of said City: Alderman . . . Place One Alderman . . . Place Two Alderman . . . Place Three. SECTION 3. The regular municipal election called for above shall also be for the purpose of submitting proposi- tions to adopt amendments to the City Charter of the City of Wichita Falls, the proposed amendments reading in full as follows (the new portions being underlined and the re- pealed portions being crossed through) : Proposition No. 1 Section 61. A city attorney, a city clerk and a chief accounting officer shall be appointed by the board of aldermen, without definite term, and may be removed at the pleasure of such board. (He) Each shall appoint, and may remove, such assistants and subordinates as the board of alder- men may authorize (him) each to employ. (The-eity e±erk-shah-be-appointed-bp-the-beard-ef-aldermen as-hereinabeve-provided;-and-he-shah-appoint, and-may-remove;-such-assistante-and-subordinates es-ire-may-be-autherized-by-erdinanee-te-empiey. ) All other directors and heads of departments and officers shall be appointed by the city manager on the basis of executive and administrative a- bility, 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 the case of the removal, if the officer so demands, a written statement shall be made by the city manager of the reasons there- for, and the officer shall be given a public hear- ing by the city manager before the order of re- moval is made final. The statement of the city manager and the written reply of the officer there- to shall be filed as a public record in the office of the city clerk. Section 66. (The-ety-a+erk-shai.i-be-the-ehief eeeeuntirig-effieer-ef-the-ety. ) The board of aldermen shall have the power to appoint a chief accounting officer. He shall keep accounts show- ing the financial transactions for all city de- partments, divisions and offices (-) and shall perform such other duties as the board of alder- men may by ordinance prescribe. Forms for such accounts shall be prescribed by the (eity-eierk) chief accounting officer with the approval of the board of aldermen and shall be adequate to record all cash receipts and disbursements, all revenues accrued and liabilities incurred, and all transactions affecting the acquisition, cus- tody and disposition of values, and to make such reports of the financial condition and transac- tions of the city as may be required (by-law-er erdinanee. ) by the city manager or the board of aldermen. (P±naneai-reports-shai -be-prepereel by-the-ety-eierk-fer-eaeh-quarter-anel-fiseai year-arid-fer-sueh-ether-perieels-as-may-be-requred by-the-ety-manager-er-the-beard-ef-aldermen. ) 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 (elerk) chief accounting officer and countersigned by the city manager, if there be a city manager, otherwise by the mayor. The (eierk) chief accounting of- ficer 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 therefor 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 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. Section 107. (Hpen-the-eleeth;-resignation;-remevai, er-expreten-ef-the-term-ef-any-effieer-ef-the-eity, the-eity-e+ark-shelf-make-an-audit-anal-investgaton - 2 - ef-the-aeeeunts-ef-such.-eff Leer-and-repent-thereen te-the-beard-ef-aideraten. ) The board of aldermen may at any time provide for an examination or audit of the accounts of any officer or department of the city government. The board of aldermen shall provide for an independent annual audit of all city accounts and may provide for such more frequent audits as it deems necessary. Such independent annual audits shall be made by a certified public accountant or firm of such accountants who have no personal interest, direct or indirect, in the fiscal affairs of the city government or any of its officers. If the state makes such an au- dit, the board of aldermen may accept it as satis- fying the requirements of this section. (As-sees as-pEaetieahie-after-the-elese-ef-each-fiseai year7-an-audit-shall-be-maele-ef-the-aeeeunts-ef all-city-effieers7-and-open-the-eleath7-resignaten eE-remevai-e4-the-eity-eierk-an-audt-shai -be made-e4-his-aeeeunts:--Sueh-annual-audits-shall he-made-under-the-previsiens-of-any-law-fer-the inspeeties.-and-audit-ef-mesi.eipai-aeeeusts-by state-ef fieers-anel-if-there-be-ne-prevfsfen-fer state-i11speet4.®n-and-asdts7-such-audit-shai -be tale-hy-quai.i4ied-pubiie-aeeeunta.nts7-se4eeted-by the-beard-ef-aldermen-whe-have-ne-persenai-interests, direet-er-indireet;- n-the-finaneial-affars-ef the-ety-er-ef-any-ef-its-effeers-er-empieyees. ) Proposition No. 2 Section 41. An initiative petition to be sufficient shall be signed by electors equal in number to at least ten per centum (10%) of those who voted at the last preceding regular municipal election, and in no case by less than (twe-hunched--(2e6}) seven hundred fifty (750) electors. Within ten (10) 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 certi- ficate showing the result of his examination. If, by the clerk' s certificate, of which notice in writing shall be given to two (2) or more of the committee of the petitioners, the petition is shown to be insufficient it may be amended within ten (10) days of the date of such certificate by filing supplementary petition papers with additional signatures. Within ten (10) days after such an amendment the clerk shall make 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 mem- ber of the committee of that fact. The final findings of the insufficiency of a petition shall not pre- judice the filing of a new petition for the same purpose. Section 48. If within thirty (30) days after the pas- sage of a measure by the board of aldermen a petition signed by electors of the city equal in number to at least ten per centum (10%) of those who voted in the last preceding regular municipal election and in no case by less than (299) 750 electors be filed with the city clerk requesting that such measures or any part thereof be either repealed - 3 - , 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; provided that this section shall not apply to ordinances passed by the board of aldermen authorizing the issuance of bonds theretofore voted by the resi- dent, qualified taxpaying voters of the city. Proposition No. 3 Section 23. If a vacancy occurs in the office of mayor or in any other place on the board of alder- men, (exeept-as-a-result-ef-a-reeali-eieetien;) some eligible person shall be chosen to fill the place by a majority vote of the remaining members. Any per- son chosen by the board of aldermen to fill a va- cancy therein shall continue in office as a result of such choice only until the next regular munici- pal election, at which time some person shall be elected to fill the office either for the regular term or for the unexpired term as the case may be. A place on the board of aldermen held, or which might be held, by a person chosen by the board of aldermen shall be regarded as a place to be filled at any regular municipal election. When at any such election, a person is to be chosen to fill out an unexpired term candidates shall be nominated for the position and the election shall be held as hereinbefore provided. (A-vacancy-in-the-board at-aldermen-resulting-€rem-a-reeali-eieetien-shah be-tilled-in-a-manner-provided- n-ths-charter-for filing-vsaaneies-so-eaased. ) Section 29. The question of recalling any number of members of the board of aldermen may be sub- mitte d at the same election, but as to each member whose removal is sought a separate petition shall be filed and there shall be an entirely separate ballot. (candidates-te-sueeeed-any-member-ef-the beard-ef-aldermen-where-removal-is-sought-shall-be plaeed-in-nomination-by-petitien-sgned;-filed- and-veri€led-as-provided-for-nomnating-petitions ter-a-regular-munieipai-eieetien;-exeept-that-eaeh petition-paper-shall-specify-that-the-eandidate named-therein-is-a-eandidate-te-saeeeed-the-parti- esiar-member-Whose-removal-is-sought-) Section 30. The ballots used in a recall election shall submit the two following propositions in the order indicated: "For the recall of (name of mayor or alderman) . " "Against the recall of (name of mayor or alderman) . " (The-eieeter-by-strkng-out-either-ef-these prepesitiens-may-indicate-his-vote-for-the-one-net se-striekem-out---Hnder-the-prepositions-shall appear-the-wards-neandidatesu-and-the-direeten ILVete-fer-eneu-and-beneath-this-the-names-ef-eand - dates-nomnated-ae-herenbefere-provided.---The-per-- sen-whose-reeali- s-sought-shall-net-have-hs-name printed-en-the-ballet-as-a-eanddate.---Except-that the-spaees-left-for-the-names-and-dates-be-filed- ey-the-eerreet-names-and-dates;-the-ballets-used n-a-reeali-eieetien-small-be- n-a-farm-substantially as-fellewst - 4 - EEeAhh-ELEeTieNd ety-ef-Wlehita-Falls iMenth-and-day-ef-menth} 19 Fer-the-Reeall-ef Aganst-the-Reeall-ef eANBf BATE S 'dote-for-eme Except as provided in this section ballots used in a recall election shall comply with the provisions of this Charter regarding ballots for a regular municipal election. Section 31. If a majority of the votes cast on the question of recalling the mayor or an alderman be against his recall he shall continue in office for the remainder of his unexpired term, but subject to recall as before. If a majority of such votes be for the recall of the .:officer designated on the ballot he shall, regardless of any defects in the re- call petition, be deemed removed from office. When the mayor or an alderman is removed from office by the recall (the-eandldate-te-smeeeed-sued-effl- eer-who-reeeives-the-highest-Crete-small-be-deelared eleeted-te-fill-ent-the-anexplred-term. ) , the place thus made vacant shall be filled as herein- before provided for filling vacancies arising from other causes. Proposition No. 4 Section 11. Any elector of the City of Wichita Falls (;) who is (a-eitimen-ef-the-enited-States) qualified to hold office under the CConstitution and laws of this State, and who shall have paid all city taxes assessed against him (due;-prier-te-the-date-of-his eleetfen,) which are due prior to the date of his application or request to place his name on the ballot, shall be eligible to the board of aldermen. The nomination application or request must be sub- mitted to the city clerk and contain the following information: position sought; occupation; county of residence; address; age; length of residency in state and city. Deadline for filing the application shall be at 5: 00 P. M. on the 30th day prior to the date of election. If the deadline for filing falls on a Saturday, Sunday, or official city holiday, the deadline for filing is extended to 5 : 00 P. M. on the next day which is not a Saturday, Sunday, or holiday. Any person may withdraw his applica- tion for candidacy at any time before the official ballots are printed, by filing in 'writing with the city clerk,' a request to that effect over - 5 - his own signature, duly attested to by a notary public. No name so withdrawn shall be printed on the ballots. Ballots used in the election of aldermen shall be without party or partisan mark or designation. Positions to be filled shall be designated as either Mayor or Alderman, Place 1 through 6, as the case may be. Other ballot requirements will be according to State law. ( -Any--pe-reon- boar- -o-€ al-de- 3--may-- -l-ac 414,%zo. o--- -1 - - e4i- ien- t o-- s-t-or ic--t-(-1-154--c� �a- tug vo-i�e-d at- -rte-3-ors-twee-ekt g- egu3--zrr�mxrrcip ±- e3.-e-e t o r; 13u#-any- h--pe- -to--he-—l-id t tre- bye-net-1-eee -tan--one- uzrd re-c - --ire s.igr antra.--t.o- --i i -..o-a4-r3o-t.- 4-i a app. dad -to--ons--paa ,-b to--eac#- sopar- ba- p apo -- bi-e-re--eiretll.-tre- rcered-an- of Lida v iL -tT.E-lire-coca aCm- te - ^-atert-i-rrg-gnat-e-erQr-si grrafirre de d wee--made- -presen - s- -s gYrertu-re o- -the-- reds--wherae- -t-pu-rports- s-i-gaze-r--o-€--a--ix3mitra -inrg--pe n- *a-1.1--srgn-errs -frame irr -Ink--err- -and--sira-rr-p1- -after h-i s-name--the--dete•-wrier--ins-s--s-i-grratt--e•-' Made-and- h-i s -o-f- i etree -by--s-t-ree-N-a& err-other dew-a�iptti-on- f-fiiierrt--t o- -±L-e-�rrmce----Nom•- i -t-i- -pe-t-14i-oris-sher1-- _ --„ire n ned-- i-o--ae--eared- -are•-earri -for-mayor �l --men-----mac- -by-.i-nrat-ing--pet-iiiearn-paper-fora on- ttre-' -rd-�f--e-}el e --foD-wb --the- '!r ira1C C} in -t e--pet1 ion-is-er'Cend-i-derL-e-r--Tire--1-oyrem- -rrtrmbe.rs sib -ie die ate-}yesi ene~c -�-r oa-rd-o-f-�rl-de rme -a-ftt-1-1--term-e -twe- (-2)- . Dias--g. e ate-E -than--tie--Trut r-cif--p•1-eree-s-- -be--f-rrl-e& €o-r- r-akte- -to-fie--H-1-1-e-d- for -art- xp-i�ac4 (i tit-ice-4_31--fie.-.t r vi~-norm-a &--g-pet-it-itm--rapers -St-aE3-he--sti ,m,L-n, -i-a31y--as--f -lows We,--fie- --hereby--pat-s-errt- a rase--res-iT ,e --i iai- ri-ta- -1-ice,- ;---a to 4elete-- a --{4nsert-were--1'ei-or-- Pi-a-ee-i r. e ttie-i3eerd-e -lik3de inerrui-ttr-be--ve e r--for--at-tire--e---- �eet-i ern--tv--be-i'rra d- t-t ------el rvf-*gri3;-3-9- , end-we-3.neli ie7.eti.i-32y-eerti -t-;tat-we--are- cra3-i-.-ed-t-a- �ete-tom-earml-iliate-s--f --tire--above-rrf-€ -ee,--and--that-ire Metre-'tart-signed. -a-petition-f r --ang- o dida Le -fez-41.14s-po-si- fort-. mama- Std and zrambeT -Era-te State-of-Texa's- --- -e5: inTi-chita-fo nty- treeing-' o r; tleposes u of-tire-to-re- loins-petition-paper-and-brat I he-mit3na-ttrre-s-appended tile-re-be. were-made-in-tris-p CSei1 e-and-are-tile-gunui7re - 6 - . signatures-ef-the-persens-where-manes-they-- ere-te-be. Signed Stbseribed-and-sin-te-befere-me-this---- day-ef- -,-49---- N arp-Pt�blie- (Seetien-l4--Aii-separate-papers-eemprising-a-nem- inetfng-petitien-o all-lie-assembled-and-Eiled-with-the-city clerk-as-ens-instrument-at-}east-thirty-439)--days-prism-te-the date-ef-heading-the-election-*ith-respect-to-which-tire-yeti- tien-ls-fiiee7-- Within-ffree-{5}-daps-after-a-na rrating petition-is-filed,—the-clek-shall-examine-it-and-notify-in writing-the-person-named-therein.-as-a-candidate;-whether-sash petition-eenferms-te-the-previsions-ef-seetien-12-and-13 ef-this-Sharter--if-found-net-te-eenferm-thereto-the-clerk shah-state-in-writing-en-the-petition-the-respects-in-which it-fails-te-eenferm-and-return-the-petition-te-the-person named-therein-es-a-candidate:--A-petitien-se-returned- tap be-amended-cued-agan-f iiei ti-the-clerk;-33dt-in-rte-ease shah-an-amendeel-petitien-be-fled-less-than-twenty-f29j- daps-eefere-the-eleetien-te- eh-it-refers:-Whenever an-amended-petition-is-flied-the-clerk-shall-et-enee-preeeed te-exe tone- t-a -shall-netifp-the-eandielate-nearteel-therein of-t ie-resr it-ef-this-e nation-es-its-the-ease-ef-an eriginai-petition:-die-clerk-shah-preser'ae-in-his-effiee for-a-period-ef-teas-{2}-peers-all-petitions-ef-neminatiens and-all-eertifeates-awl.-reieetien9-fled th-reference-there- te}. (Seetien-I51:-Any-ppersen-eligible-te-the-heard-ef-aldermen in-where-behalf-a-petition-is-€filed-eet€ezning-te-the-pre- visiens-ef-seetiens-l2-and-l3-ef-this-charter-shall-have-his name-printed-en-the-of€ieiel-ballets -if-within-five-{S} daps-after-neetifieatien-thereof-bp-the-city-clerk;-he-shall have-f heel-herewith-an-acceptance-ef-the-nertinatien--Arty* person-nominated--a9- -grevieleel-gray-cerise-hie-rtarrte to be-witivirewn-Erem-neminatiert-at-arty-torte-19efere-the affieiat-15allets-are-actually-printe47-by-fil4 -in- }ring with-the-city-eierm,--a-request-te-that-e €eet-ever-his--e�an signature;-daffy-attested-to-by-a-notary-ptbiie Ne-nartte-se withdraw-chaff-be-printeel-en-the-ballets:} (Seetien-167-Ballets-used-in-the-a+eetien-ef-aiderttten-shall be-witherit-Tarty-er-partsan a rk-er-eles*natien---Thep-shall be-printe3- nAiaek- nit-errpaper-tip€erxi-as-te -kind;-eeier aid rtaiitp—aid-shalllave-pieteed-thereon-retch-nt ers- er-ender°cement-ef-eleetien-a€fieials;-es-map-be-re ed 19p lam--Except-that-the-mimes-ef-candidates-shah-appear in-the-spaces-indicated-therefor,—and-that-the-space-left for-the-elate-ef-the-election-shall-be--€illcd w th-st eh date,--Ballets-shall-be-in-ferrrt-sabstant}ally-as-fei as: - 7 . METNieiPAb-PbEETIeN ei ty-ef-wielli to-Pails Av i i 1.7.9 Vote-fer-Ane FeR-PsbBEP A3 Vats-fer-Ane-far-Eaeh-Pesiten PeSi'PieN-i PeSITieN-2 Est-eieetiens-at-which-a-maps-- s-net-te-be-eItesen-the provision-ef-the-ballet-for-the-cycles-ef-a- a�*er-shaIl be-anittee7-and-pre sien-male-fer-the-eieetien-ef-three {3}-aide en;-that-is-te-sap;-pesi-tiens-Nes—i;-2-an4-3 fer-the-eieetien-ef-three-alder en-shaii-19e-g a -} (Section-177—The-names-ef-er idates-si i-be-printed-en-the ballets-in-retaten-as-feiiews- Te ballets-shall-be-printed-in-as- np-series-as-there are- elettes-fer-the-pesitien-fer- eh-there-is-the-greet- est--rat er-ef-eand.idates--The-whele-nuttber-ef-ballets to beprinted-steal} be--dkvi by-the-nuMber•-ef-series ate-the etient-se-ebtaineel-shalibe-the-number-ef-ballets to-be printed-in-east-series.---in-printing-the-first-series of-ballets-ythe-name-ef-the-earates-far-each-position shalib e-arranged-in-the-aiOhabetieal-order-ef-their-surnames. Afterprinting-the-first-series-the-first-name-in-catch-Iist shall-be-piaeed-last-in-sueh-list-and-the-next-series-printedr and-this-preeess-shaiibe-repeateduntii-erah-name-in-the-larg- est-lst- hall-ire-been-prints&-first- n-ens-series- The-ballets-reprinted-•shai-l-then-be-eembined-in-tablets te-be-supplied-te-the-varieus-poising-pines:--Paeh-tablet shall-eentain-sr bstantaily-the-saxte-nt er-•ef-baiiets- frem-each-series-and;se-far-fts-greet eabl -the-ballets shall-be-eembned-in-sttehner-that-twe-er mere-frem-the-same series- hall-net-be-tegether-in-a-tablet.-} (Seel en--l8:—"the bai-letsused-in-anuleetien-fer-ceering- - 1 s-ef-theheard-ef-aldermen-ekall have-a-blank-space l ea-the-printed-names-ef-the-candidates-€er-sack-gesiten te-be-filled-thereat--in-any-shell-space-an-sleets--may-write the mame-e€-arty sera-eligiele-te-the-leeard-ef-aIdermen fermi-he-may-desire-te met-anel-the-vetes-east-fer-stteh gersens-4hall-be-eeunted,as-theu4h for-eandidates-where-mixes are-printed-en-the-ballets.-}- (Beef er-i9— ieetere-sha14-indicate-theitleiee-fer-maps- and-aidermen7bp-strking-sift-tthe-names-ef-ail-eared dates for-each-pesitien--except-that-of-the-eaneiidate-fer-whem they sh-to-gets---Any-lea.list-shereing-vetes-fer- mere-than ens-candidate-for-the-smne gesitien-shaii-netbe-counted fer-any--e€-the-eaneidates-€er-that-pesiten-} Section 52. Measures proposed by initiative petition, or required by referendum petition or by the board of aldermen to be submitted to the electors, shall be submitted by ballot title. There shall appear upon the official ballot a ballot title, which may be distinct from the legal title of any such proposed or referred measure, and which shall be a clear, concise statement, without argument or prejudice, descriptive of the substance of such measure. The ballot title shall - 8 - . be prepared by the committee of the petitioners if for an initiative or referred measure, and by a committee of the board of aldermen when submitted by such board. The bal- lots used when voting upon any such measure shall have below the ballot title thereof the two propositions in or- der herein indicated: "For the Measure" and "Against the Measure. " (The-elector-bp-striking-out-either-et-these prepesitiens-step-indcate-hs-Mete-for-the-one-net-stricken eat---Saeh-ballet-shah-be- n-a-form-sabstantiaiip-as fellewsr (Title-ef-measure-with-general statement-ef- ubstance-thereof) F8R-THE-MEASHEE- AGA-NST-THE-MEASURE i Section-997--The-city-eierk-shah;-as-seen-after-the-first day-of-February-o -eaeh-year-as-peasibie -obtain-from-the-tax collector-ef-Wichta-eeunty;-Texas;-a-certified-list-ef-the names-of-ail-persons-taking-eut-poll-tax-receipts-end-exemp- ten-eertifieates-in-the-respective-acting-precinct-ef-the eity-ef-Wiehita-Falls;-to-be-used-by-the-eity-eierk-in-passing open-any-petition-required-to-be-signed-by-qualified-voters ef-the-city;-and-said-certified-list-shah-be-open-te-inspee- tion-by-the-publie. ) [If Proposition No. 3 fails to be approved by the voters and Proposition No. 4 is approved, Section 29 of the Charter should read as follows: ] Section 29. The question of recalling any number of members of the board of aldermen may be submitted at the same elec- tion, but as to each member whose removal is sought a sepa- rate petition shall be filed and there shall be an entirely separate ballot. Candidates to succeed any member of the board of aldermen whose removal is sought shall be placed in nomination by (pettien) application signed, filed and verified as provided for (neminetting-petitiens) applica- tions for a regular municipal election; except that each (petitien-paper) application shall specify that the candi- date named therein is a candidate to succeed the particu- lar member whose removal is sought. [If both Proposition No. 3 and Proposition No. 4 are approved by the voters, the amendment of Section 29 as proposed in Proposition No. 3 would prevail. ] Section 30. The ballots used in a recall election shall submit the two following propositions in the order indica- ted: "For the recall of (name of mayor or alderman) . " "Against the recall of (name of mayor or alderman) . ( The-eieeter-by-strikinl-e.Ht-eitheEe - iese- c os .= ties-map-indicate-his-vote-for- e-one-net-se-stricken etre7--m-der-the-prepesitiens-shah-appear-th -words-Wean-- didatesu-and-the-direction-uVete-for-Anem-and-beneatt-this - anti-s-ef-sa eida# s-n-emita d-as- fe -previdl,ca. - ramr-whose- eei-k-is-sought-shad-net-hat--his-name priateg-err-the-balket-as-a-candidate:--Except-that-the spates lift-for- -names-and-dates---Bled-by-et-e-eerreet xax s-a d-gates;-the-b-al eta-used-in-a-reea1 ei.ee#en draii-be-.in-a-farm-substantisiy-as-id ews: - 9 - 2EEALE-BEEETIEN E1ty-ef-W ehlta-galls iMenth-and-day-ef-month} 19 Per-the-Reeall-ef Against-the-Reeal l-ef eANBfBATES bete-fer-ene Except as provided in this section ballots used in a recall election shall comply with the provisions of this Charter regarding ballots for a regular municipal election. Proposition No. 5 Section 38. (The-beard-ef-aldermen-map;-by-erdtnanee, prevlde-for-the-eempensatlen-ef-its-members-te-be-paid 1n-equal-monthly- nstallments:--The-salary-ef-the-mayer shall- n-ne-event-exeeed-the-stem-ef-twenty-fltre-dollars -{$25 769}-per-month:--The-salary-of-eaeh-a1derman-shall n-ne-event-exeeed-teen-dollars--$19 7-99}-per-month. Bntil-the-adeptlen-of-an-erdnanee-flxing-stieh eempensatlen-aferesald;-the-salary-ef-the-mayer shall-15e-twenty-five-dollars--{$25-99}-per-month, and-the-salary-ef-eaeh-ef-the-aldermen-shall-be ten-dollars--($19 799}-per-menth. )Effective April 1, 1978, the salary of the mayor and each alderman shall be two hundred fifty dollars ($250. 00) per month. The mayor or any alderman absent from a regular or regularly called meeting of the board of aldermen, except on account of his own illness, or illness in his immediate family, or absence from the city where excused by the board of aldermen prior to such absence, shall forfeit two per centum (2%) of his entire annual compensation for each such absence. SECTION 4. The propositions to amend the Charter of the City of Wichita Falls as proposed in Section 3 of this or- dinance to be submitted to the qualified voters at the regu- lar municipal election, the form of the official ballot, -10- , ti and the instructions for voting, shall be substantially as follows: INSTRUCTIONS FOR VOTING: Place an 'X' in the square beside the statement indicating the way you wish to vote. Proposition No. 1 /7 YES PROVIDING FOR THE APPOINTMENT OF A CHIEF ACCOUNT- ING OFFICER BY THE BOARD OF ALDERMEN Shall Sections 61, 66, 106 and 107 of the Wichita Falls City Charter be amended to provide for the appointment of a Chief Accounting Officer by the board of aldermen to perform all accounting func- tions and to remove such functions from the duties / / NO of the City Clerk? Proposition No. 2 / / YES INCREASING THE MINIMUM NUMBER OF SIGNATURES FOR AN INITIATIVE OR A REFERENDUM PETITION Shall Sections 41 and 48 of the Wichita Falls City Charter be amended to provide that initia- tive and referendum petitions, in order to be sufficient, be signed by not less than 750 / /: NO electors? Proposition No. 3 / / YES PROVIDING FOR THE APPOINTMENT BY THE REMAINING MEMBERS OF THE BOARD OF ALDERMEN OF A SUCCESSOR FOR A MAYOR OR ALDERMAN WHO HAS BEEN RECALLED Shall Sections 23, 29, 30 and 31 of the Wichita Falls City Charter be amended to provide for the appointment by the remaining members of the Board of Aldermen of a successor for a mayor or alder- /7 NO man who has been recalled? Proposition No. 4 / / YES PROVIDING THAT PROCEDURES FOR HOLDING ALL CITY ELECTIONS SHALL CONFORM WITH THE TEXAS ELECTION CODE AND THE TEXAS CONSTITUTION Shall Sections 11, 29 , 30 and 52 of the Wichita Falls City Charter be amended and Sections 12, 13, 14, 15, 16, 17, 18, 19 and 99 of the Wichita Falls City Charter be repealed so that the nomination procedures, qualifications for being placed on the ballot, type and form of ballot and voting procedures will be in conformance with the / / NO Texas Election Code and the Texas Constitution? -11- , Proposition No. 5 / / YES PROVIDING FOR AN INCREASE IN THE MONTHLY SALARY FOR THE MAYOR AND ALDERMAN Shall Section 38 of the Wichita Falls City Charter be amended to increase the salary of the Mayor and Aldermen from $25 and $10 per month respec- /7 NO tively to $250 per month effective April 1, 1978? SECTION 5. The regular municipal election provided for above shall be held at the several polling places, as follows: COUNTY JUDGE CITY PRECINCT AND BOX NUMBER VOTING PLACE ALTERNATE NUMBER 1 & 2 Wichita County Courthouse Manuel Navarrete 1 7th & Lamar Mrs.Victoria Navarrete, Alternate 3 & 4 Lamar School Mrs. Bob Wise 2 2206 Lucas Mr. Bob Wise, Alternate 5 & 50 McGaha School Mrs. Ellen R. Wages 3 1615 Midwestern Pkwy. Mrs. Pete Graham, Alternate 6 & 43 Ben Franklin School Mrs. Edwin G. Brown 4 2112 Speedway Mrs. Alisa Larson, Alternate 7 ,40,54 Washington Kindergarten Mr. C. E. Jackson 5 600 Flood Mr. C. C. Durkee, Alternate 8 Fain School Mrs. A. D. January 6 1404 Norman Mrs. Al Flack, Jr. , Alternate 9 & 11 Reagan Jr. High School Mrs. Philip Haubert 7 1104 Broad Mrs. Squibb Parrish, Alternate 10 & 15 Alamo School Mrs. Patti Faye Gentry 8 1912 11th Mrs. Fred Martin, Alternate 12,31,48, Texas Hwy. Dept. Hq. Mr. Horace Downing 9 58 & Box 1601 Southwest Pkwy. Mr. A. C. Comstock, Alternate 9 & 15 Lake Ar- rowhead 13,26, 27 ,61 Fannin School Mrs. Mozelle Laseman 10 710 Burk. Rd. Mrs. Urbane Black, Alternate 14 & 45 Crockett School Mrs. Steve Marchand 11 3015 Avenue I Mrs. Hurshel Johnson, Alternate 16, 57,59 Rider High School Mrs. George D.Elliott 12 4611 Cypress Mrs. George Bartosh, Alternate 17 & 47 Tech. Training Center Mrs. R. B. Dodd 13 1609 Blonde Mrs. J. D. Dixon, Alternate 41 Huey School Mrs. D. L. Chancellor 14 1513 North 6th Mrs. Gladys Moore, Alternate 18,42,46 Hirschi High School Mrs. Bill C. Ritchie 15 3106 Borton Lane Mrs. D. A. Shook, Alternate -12- . . COUNTY JUDGE CITY PRECINCT AND BOX NUMBER VOTING PLACE ALTERNATE NUMBER 19 & 44 Wichita Falls High School Mr. T. F. Barnett 16 2149 Avenue H Mrs. T. F. Barnett, Alternate 20 & 22 Zundelowitz Jr. H. S. Mrs. I. C. Presson 17 1607 Polk Mrs. W. T. Box, Alternate 21 & 53 Harrell School Mrs. Charles Rippetoe 18 3115 5th Street Mrs. O. W. Loveless, Alternate 23,24,25 Sam Houston School Mrs. George Stracener 19 2500 Grant Mrs. Charles Box, Alternate 30 & 51 Barwise Jr. High School Mrs. E. E. Wood 20 3807 Grant Mrs. Joe Steele, Alternate 52 Ben Milam School Mrs. John Penn 21 2906 Stearns Mrs. James T. Spray, Alternate 55 & 56 Cunningham School Mrs. Iwilda Mitchell 22 4107 Phillips Mrs. Sarah Lewis, Alternate The presiding judge for each precinct shall appoint not less than two nor more than four clerks who shall assist the presiding judge and alternate in conducting the election. The Chief of Police shall post a properly executed copy of this ordinance, order and notice at the places where the election is to be held, such notice to be posted at least thirty (30) days before the date of said election. SECTION 6. Notice of this election shall be given by publication in a newspaper of general circulation pub- lished in the City on the same day in each of two (2) succes- sive weeks; the date of the first publication to be not less than fourteen (14) days prior to the date set for said elec- tion. The form of such notice shall be a substantial copy of this ordinance. PASSED AND APPROVED this the / 2 -aay of February, 1977. ,/22 , 1. 2 1i A— O R ATTEST: City Clerk -13- . ' C2 #es J to -t.c i7 3 Affidavit of Publication THE STATE OF TEXAS COUNTY OF WICHITA (Poste Clipping Here) On this . 2`-t.'- day of '`arch A.D. 1977 . personally appeared before me, the undersigned authority lioy ' • >>.eaves , bookkeeper for the Times Publishing Company of Wichita. Falls, publishers of the Wichita Falls Record News, a newspaper published at Wichita Falls in Wichita County, Texas, and upon being duly sworn by me, on oath states that the attached,advertisement is a true and correct copy of advertising published in_ TKO (2) issues thereof or. the following dates: .:arch 17,214, 1977 •. (17;?cl-i Bookkeeper for Times Publishing Company of Wichita Falls Subscribed and sworn to before me this the day and year first above (SEAL) written. � 1111,1 /■ .rdon a. Li=-r2'_-*'9FS Jr., .. °G",'�_✓ in & for 3—Legal Notices 3—Legal Notices 3—Legal Notices Cant or firm of such accountants who deadline for filing falcon a Satur- have no personal interest,direct or day,Sunday,or official city holiday, st--and- ' s indirect, in the fiscal affairs of the the deadline for filing is extended To The Direct Line city a statem makes s such an and o f f i c e r s.,the 5:00 P.M.on the nextd is extended which is not If the state makes such an audit,the a Saturday,Sunday,or holiday.Any cuss shale ba board of aldermen may accept it as person may withdraw his application been-printed-F• -- TM� satisfying the requirements of this �' g or candidacy at any,time before the ' •• section.( official ballots are printed,by filing in writing with the city clerk,a re- var. Quest to that effect over his own sig- nature,duly attested tom a notary: -number-of-ballots-4r-orn-each-series. DIAL public.No name so withdrawn shall ` g$50 million in 5 be printed on the ballots.Ballots used in the election of aldermen shall be S to small busi- , 767- without party or partisan mark or ogether-ina or drought desig- .- 8301 designation. Positions to be filled • �� shall be designated as either Mayor or Alderman, Place 1 through 6,as elec-tlan-for choosing memhr+rc of the nent of a Farm - -® " 1' the case may be Other ballot re ministration pro- auu ementswillbeaccordingtoState ig$100 million in t loans to help nancialaffairsot d anchers offset an Or 767-8341 ) Proposition No.2 -end-the-vetesc p and livestock Section 41.An initiative petition to be sufficientshall be signed by electors equal in number to at least ten per it to provide $100 TO 111 Ads,. centum(10%)of those who voted at 1�aFFs{9) :ion for the Interi• 1J • the last preceding regular municipal e per cent loans election,and in no case by less than p (two-hundred-(-200) seven hundred t se of water. fifty (7501 electors.Within ten (10) . rams 0 , $30 mil- days after the filing of a petition the g clerk shall ascertain whether it be the cfr supplied to the signed as provided in this section and shall attach thereto a certificate aamation for irrl- showing the result of his examine- ailiion would be < tion:If by the clerk's certificate,of i#JOq which notice in writing shall be given h Section 52.Measures proposed by in- 1 South Western itiative petition, or required by re- totwo(2)or rs the the committeeof ferendum petition or by the board of lgtratidn to insure the petitioners,the petition is shown aldermen to be submitted to the elec- 'gy,and$100 mil- to be insufficient it may be amended ten (10) days of the date of tors,shall be submitted by ballot ti- within to the Agricul- 3—Legal Notices such certificate by filing supplemen- � tie.There shall appear upon the offi- tary petition papers with additional cial ballot a ballot title,which maybe ,ation and Con- • ' - distinct from the legal title of any ORDINANCE NO 3163 signatures.Within ten(10)days after /ice to help Share AN ORDINANCE CALLING REG- such an amendment the clerk shall such proposed or referred measure, lergency soil con- ULAR MUNICIPAL.ELECTION TO make examination of the amended statement shall targ lean or pre- BE HELD APRIL 2, 1977, FOR petition, and if his certificate shall candidates ram m ludice,descriptive of the substance :flees. show the same still to be insufficient ELECTION THE BOARD OF THREE MEMBERS he shall file the petition in his office ion- of such measure.The ballot title shall TO THE BOARD OF ALDERMEN be prepared by the committee of the • AND FOR SUBMITTING PROP- and notify each member of the com• petitioners if for an initiative or re- llnits PROP- OSED AMENDMENTS TO THE The f ferred measure,and by a committee CITY CHARTER OF THE CITY OF of the insufficiency of a petition shall of the board of aldermen when sub WICHITA FALLS; SETTING not prejudice the filing of a new pets miffed by such board. The ballots FORTH THE PROPOSED lion for the same purpose. r a Section48.If within thirty(30)days used when voting upon any such D■ urn is IS AMENDMENTS; PRESCRIBING be-filled-for a-f measure shall have below the ballot THE FORM OF THE BALLOT;DE- after the der passage n a petition signed title thereof the two propositions in SIGNATING THE PRECINCTS board of aldermen a petition signed order herein indicated: For the AND POLLING PLACES ATWHICH by electors of the city equal in number to at least ten per centum be f n..� Measure" and "Against the Mea- hita Falls high THE ELECTION SHALL BE _...__ sure. (The-electer-hy-striking-out AND REQUIRING THE PUBLISH- (10%)of those who voted in the last ROTC Units will !NG OF NOTICE OF THE ELEC- preceding regular municipal election .eate-hsg kea- nd be reviewed for TION. and in no case by less than(29e)750 as-ftNews: BE IT ORDAINED BY THE electors be filed with the city clerk mot 'ederwl •ASpectiop BOARD OF ALDERMEN OF THE requesting that such measures or yew CITY OF WICHITA. FALLS, any part thereof be either repealed or Friday. TEXAS: submitted t0 a vote of the electors,it is (T -of measure--with-general SECTION 1.That aregular munic- shall not,unless it be an emergency (insert �„�„ Ypr„pr"Pi to �t of scans a thereof) ibly the biggest ipal election shall be held on the first measure,become operative until the FOR THE MEASURE has during the Saturday in April,1977,being the 2nd 'steps indicated herein have been ta- a o' „ day.of April,1977,for the purposes of ken;provided that this section shall Don Lyles,direr- electing three members to the Board not apply to ordinances passed by the AINST T instruction for of Aldermen of the City and for sub- board of aldermen authorizing the is schools said mitting propositions to adopt suance of bonds theretofore voted by amendments to the City Charter of The resident, qualified taxpaying the City of Wichita Falls. voters of the city. ;. ets will begin the SECTION 2.The election called for Proposition No.3 for above shall be held for the purpose of $ection 23.If a vacancy occurs• the electin the officials of said mayor any place w phase of the in-. g g office of ma or or in an other a 1:30-2:30 p.m. City: on the board of aldermen,(eept as • It WFHS units to Alderman.. Place One ,) some - - - _ - Alderman.. Place Two eligible person shall be chosen to fill 3R )-9:45 a.m.Friday Alderman...Place Three. the place by a majority vote of the Rexas--) « its from 1:30-2:30 SECT ION 1 The regular municipal remaining members. Any person *4141414a --) election called for above shall also be chosen by the board of aldermen to yv+ for the purpose of submitting propos- fill a vacancy therein shall continue teo deposes anefege• itions to adopt amendments to the in office as a result of such choice march on the ath- City Charter of the City of Wichita only until the next regular municipal (if Proposition No.3 fails to be ap- Falls, the proposed amendments election,at which time some person Proved by the voters and Proposition fields adjacent to reading in full as follows (the new shall be elected to fill the office either No.4 is approved,Section 29 of the and the public is portions being underlined and the re- for the regular term or for the unex- Charter should read as follows:) pealed portions being crossed Pired term as the case may be. A Section 29.The question of recalling eh,.Lyles said through): place on the board of aldermen held, --Signedany number of members of the board Proposition No.i or which might be held,by a person .9 of aldermen may be submitted at the me the inspection is to Section 61. A city attorney, a City. chosen by the board of aldermen 4his—day of ,t.-. same election, but as to each