Ord 1541 12/11/1950 i
ORDINANCE NO. i541
CANV!,SSING THE RETURN OF A CITY C1LV=.R PadT-NDL�EPvT ELECTIC,,PvI H> LD
Oi`I DECiri,iBER 5, 1950, AND DECLARING CERTAIN Ai.:E,NDL1EIvTS ADOPTED; OZDAIN-
IN AT
G OTHER ".ITERS RELATING TO THE SUBJECT AND DECL.1).RI i\TG AN E. ERGENC 1 .
rii Rl AS, on December 5, 1950' an election was held in the City of
'Wichita Falls, Texas, at which time there eras submitted to the duly quali-
fied voters of said City, amendments to the Charter of the City of t'lichita
Falls; and
'-I_f;EAS, the votes for and against each amendment %sere as follows :
?;lendment No . 1 , the amendement of said Charter to add thereto a
new section to be known as Section 3a, to read as hereinafter shown in this
rdinancc;:
j�`.;.iENDM:,:NT N0. 1"
r ,,,,� II47 votes;
t
' .1G..IId�T UL!'LENDMENT N0. 1" 270 votes.
Aendment No . 2, the amendment of Section 37 of said Charter to read
s hereinafter shown in this ordinance ;
"FOR !.i,,IENDMI NT N0. 2" 869 votes;
"AGAINST AP;IENDMENT 1,10. 2, 241 votes .
Amendment No. 3, the amendment of Section 46 of said Charter to read
s hereinafter shown in this ordinance:
"FOR AIENDMENT NO. 3" 894 votes;
"AGA I N ST AP;IENDPIENT NO. 3"
zzz Votes .
Amendment No. 4, the amendment of Section 47 of said Charter to read
s Hereinafter shown in this ordinance:
"FOR A:�ENDMIENT NO. 4'? I"G 0 votes ;
"AGAINST AP.IENDMENT NO. 4" Z21 votes.
Amendment No. 5, the amendment of Section 48 of said Charter to rear
s hereina-it r shown in this ordinance:
"FOB ^-,'ENDLIENT No . 5"
694 votes;
"A;,111NST AiIENDEMENT NO. 5" 215 votes .
"mendment No. r, the amendment of Section 54 of said Charter to read
is hereinafter shown in this ordinance:
"1,OR AI,iENDI,IENT NO. 6111 , o� votes -
"AGAINST
"AGAINST AIP IENDIMENT NO. 5'" 2r 0 votes .
�mcndment No . 7, the amendment of Section r2 of said Charter to read
s hereinafter shown in this ordinance:
"FOR ENDP:,,?NT N0. 7 "
rr ,,` �t �377 votes;
AGAINST P.MI-E �,,DMENT NO. 7 227 votes.
Amendment T4 8, the amendment of Section 67 of said Charter to read
a� hereinafter shown in this ordi-nance:
"''OR Ai IENDI�r:i i�iT NO. 8"
"
903 votes;
AGAINST APtiIEND1U"ENT NO. 8" 207 votes .
Amendment No . 9, the amendment of Section 74 of said Charter to read
s hereinafter shown in this ordinance;
"FOR AP.ENDiv11r.NT NO. 911 785 votes;
"AGAINST AP.IL'IDPviENT NO. 9" 332 votes .
Amendi:,ent I\ o . 10, the amendment of Section 75 of said Charter to read
s hereinafter shown in this ordinance:
"FOR :1i;ENDI':iEPZT N0. 10" 830 votes;
"AGA ID,IST APji ENDP: ENT NO. 10" 284 votes.
Arnend ,.ent No. 11, the amendment of Section 9 of said Charter to read
hereinafter shown in this ordinance:
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I
f
"FOR AT,11ENDIMIF-T1T NO. 11 " 793 votes;
"AGAINST AMENDMENT NO. 11" 303 votes .
Amendment No . 12, the amendment ofsaid Charter to add thereto a
new Section to be known as Section 120 a, to read as hereinafter shown
in this ordinance:
"FOR AMENDTJIENT NO. 12" n 31 votes*
AGAINST AMENDMENT NO. 12" 258 votes .
BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF ".rICHIT:^.
FALLS, TEXAS:
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Section 1 . That said election was duly called; that notice was
given in accordance with law and in accordance with the Ordinance calling
the election; that the election was held in accordance with la%v; that
due return of said election has been made by the proper officers; that
a r.,aajority of the qualified voters in said City voting at said election I
have voted in favor of the adoption of all of said amendments. f
Section 2 . 'It is hereby ordered and declared that amendments have
been made to certain Sections of the City Charter of the City of Wichita
Falls, as follows:
=,Eiendment Number 1 . That the Charter of the City of '3ichlta Falls !
be amcnded so as to add thereto a new section to be known as Section 3a,
as follows:
"Section 3a'. As an alternative method of enlarging and extend-
ing the corporate limits thcBoard of .aldermen shall have the
power by ordinance to provide for the alteration and exten-
sion of said boundary limits and the annexation of additional
territory lying adjacent to the City with or without the consent
of the territory and the inhabitants annexed . Upon tree intro-
duction of any such ordinance in the 3oard of 1',lder;: en, it shall
be published in the City of ?:'lichita Falls, Texas . The pro-
posed ordinance shall not thereafter be finally acted upon
until at least seven days have elapsed following suc': pub-
lication; and upon the final passage of any such ordinanc
the boundary limits of the City shall thereafter be as fixed
in such ii-ce and when any such additional territory has
been no annexed same shall be a part of the City of `�'lichita '
Falls and the property situated therein shall bear its pro j
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 of the citizens and shall '-)e fourri by the
acts, ordinances and resolutions. of the City. "
Amendment Tvumber 2 . That Section 37 of the Charter of the Chart-r
of the City of Wichita Falls be amended to read hereafter as follows :
"Section 37 . Each proposed ordinance or resolution shall ')e
introduced in written or printed form and except ordinances
or resolutions making appropriations 31z311 not contain more
than one subject which shall be clearly c::presscd ill the title .
The vote upon the pas-sane of all ordinances and resolutions
shall be taken by "Yeas " and "Prays" and entered upon the
minutes of the Board of f:,ldermen and every such ordinance or
resolution shall require for passage: the affirmative vote of
a majority of all menbers of the 3oard . No Alderman shall be
e;;cused from voting except on matters involving the consider-
ation of his own official conduct, or where his financial
interest are involved . Every ordinance prescribing a penalty
for the violation thereof shall upon passage be published at
least one time in the official newspaper of the City. As soon
as practical after the close of each fiscal year all ordi-
nances passed during the previous year shall be compiled by
the City Clerk and printed in such form as may be directed
by the Board of Aldermen. "
Amendment Number 3. That Section 4 ) of the Charter of the City
of :'Jichita Falls be amended to read hereafter as follows:
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11 ce., ction The electors shall have power at their onion
to approve or reject at the polls any ordinance or resolution passed
by the Poard of !Aldermen or submitted by such Board to a vote ofthe
electors, such power being known as the referendum; provided,
however, that such right of referendum shall not apply to ordinances
or resolutions passed by the Board of Aldcr,nenauthorizing the
issuance of bonds theretofore voted by the resident qualified pro-
perty taxpaying voters of the C"ity. P. casures submitted to ti-c
Board without change or passed in an amended form and not required by
the Committee of Petitioners to be submitted to a vote of the el-
ectors shall be subject to the referendum in the same manner as
other measures .'
IT,icndment plumber 4. That Section 47 of the Charter of the City of
Wichita Falls be amended to read hereafter as follows:
"Section 47 . No ordinance shall go into effect until thirty
days after its passage by the Board of Aldermen except ordinances
authorizing the issuance of bonds theretofore voted by the resident
qualified property taxpaying voters of the City, unless itbe de-
clared an emergency measure on the gound of urgent public need for
the preservation of the peace, health, safety and property of the
City, the facts showing such urgency and need being stated spec-
ifically in .the ordinance itself and the ordinance being passed
by a vote of a majority of all members of the Board of Aldermen.
No ordinance granting or amending any public utility franchise or
amending or repealing any measure adopted by the electors of the
polls or adopted by the Board of Aldermenin compliance with an
initiative petition shall be regarded as an emergency measure . "
-Amendment Number 5. That Section 48 of the Charter of the City
of 'Nichita Falls be amended to read hereafter as follows:
"Section 48. If within thirty days after the passage of a
measure by this Board of Aldermen a petition signed by electors of
the City equal in number at least 10 per centum of those who voted
in the last preceding regular municipal election and in no case by
less than 200 clectorsbe filed with the City Clerlt requesting that
I 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, be come 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 is-
suance of bonds theretofore voted by the resident, qualified pro-
perty taxpaying voters of the City .
Amendment Number 6. That Section 54 of the Charter of the City of
Wichita calls be amended to read hereafter as follows:
"Section 54. Mleasures passed as emergency measures other than
ordinances authorizing the issuance of bonds shall be subject to
referendum but they shall not be suspended from going into operation
while referendum proceedings are pending. If when submitted to a
vote of the electors, such emergency measure be not approved by
a majority of those voting thereon, it shall be considered repealed
and any further action thereunder and all rights and privileges
conferred by it shall thereafter be null and void; but any such
measure so repealed shall be deemed sufficient authority for any
payments made or any indebtedness incurred in accordance therewith
prior to the vote thereon. "
Am,cndment _,lumber 7 . That Section 32 of the Charter of the City
lof "Fichita Falls be amended to read hereafter as follows:
"Section 62. In making appointments the City !Manager shall
give preference to citizens of 11chita Falls, provided any cit-
izen thus considered is qualified by education, training or
experience to perform the duties of the position to which he, or
she, is to be appointed. The City "'anager shall have the author-
ity to determine the qualifications of all such appointees. "
Amendment dumber 8. That Section 657 of the Charter of the City of
7ichita Falls be amended to read hereafter as follows:
"Section 67 . Prior to the end of each fiscal year the City
Manager shall prepare and submit to the Board of Aldermen a bud,".1t
s of the expenditures ang revenues of all City Department , divisions
and offices for the next ensuing fiscal year. In the preparation
and submission of such budget the City ;ianager shall be +,
governed by the generallaws of the State of Texas, relating
to the preparation and submission of budgets by cities and
towns of the State .
The Board of Aldermen shall providea reasonable number
of copies of the budget for distribution to citizrns who
may requestcopies thereof. Copies shall be furnished to the
newspapers of the city and to each public library of the c .ty. "
Amendment Number 9. That Section 7- of the Char' cr of �
the City of Wichita Falls be amended to read hereafter as 44
follows:
"Section 74. The Board of Aldermen shall have the power and
is hereby authorized to assess, levy and collect ad valorem
taxes on each �$100.00 of assessed valuation of property sit-
uated in the City not exempt from taxation by the Constitution
and the laws of the State of Texas, in the amounts and for
the purposes as follows:
(a ) At a rate not exceeding -U for the purpose of
paying the general governmental operating ex-
penses of the City andfor general improvements of the City and
its property.
(b) At a rate not exceeding 52 for the purpose of
establishing, providing, maintaining and op-
crating a public library, or libraries, within
said city.
(c) At a rate not exceeding 30r for the purpose of
laying out, opening, constructing, repairing and I
improving roads, bridges and streets within the
limits of said City;
(d) At a rate not exceeding 20e for the purpose of
maintaining, improving and beautifying public
parks and cemeteries;
(e) At a rate sufficient to pay the principal of
and interest on bonds of the City outstanding as
of the date of the adoption of this amend,,ient
and to pay the principal of and interest on bonds
hereafter authorized by the qualified property
taxpaying voters of the City;
provided that the total amount of taxes thus authorized to be
levied shall never exceed in any one year ->2 .25 on the 100 .00
of assessed value of property situated in the City not e„en:pt
from taxation by the Constitution and laws of the State of ' cx s . "
Amendment Number 10. That Section 75 of t'ric Charter
of the City of Wichita Falls be amended to read hereafter as follows.
"Section 75 . The Board of Aldermen shall have authori4
by ordinance to borrow money on thecredit of the City and I
issue bonds therefor for permanent improvements and for any
other lawful municipal purpose, including the purchase of fire
fighting equipment, as may be determined by the L'oard of •".lder
men, provided that no bonds shall be authorized unless the
proposition for the issuance thereof has been approved by
r;iajority of the qualified property taxpaying voters of tine
City voting at an election held for said purpose. . Such electl �n
shall be ordered .by the Board of Aldermen and notice
shall be given in the manner and forthe 'Length of time pro-
vided By the general laws of Texas applicable to cities and
towns. Except as otherwiseprovided by the 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 geinerai elections . The foregoing provision
requiring an election on the proposition for the issuance of
bonds shall not apply to fun( or refunding bonds isst.i.;d
or to be issued for the purpose of funding or refunding any
valid indebtedness or any valid outstanding bonds shall not
bear interest at a rate exceeding the rate borne by the bonds
thus refunded . "
Amendment Number 11 . That Section of the Chart r of
the City of fichita Falls be amended to read hereafter as follows : 1
"Section 9). The Board of Aldermen shall have the r oFver
to levy and . collect an annual occupation tax on all occulatio;z ,
callings, business and professions . in the amount and to the
extent now and hereafter permitted by the Ce1isti tilt ioil and 1a- of
the Stat.c of Texas, and shall provide by ordinance means for en-
forcing the collection of such tax. No personal tax or poll tax
shall ever be levied . "
11mendment Number 12. That the Charter of the City of 'ichita
Falls be amended so as to add thereto a new section to be known as
120a, as follows:
"Section 120a. The act passed by the Legislature of the
State of Texas in 1927 and shown as Chapter 106, Acts of
the First Called Session of the Fortieth Legislature together
VNith all amendments thereto is hereby incorporated in and made
a part of this Charter. "
Section 3. The City Clerk is hereby directed to record said
anicndments at length upon the records of this City, in a special book
cept in iris office for such purpose.
Section 4. The Mayor is directed to certify to the Secretary
Of State an authenticated copy of said amendments under the seal of
':1s City showing the approval by the qualified voters of said
:iiendrient s .
Section 5. By reason of the fact that the Board of Aldermen
considers the purposes of the proposed Charter !,'mendments contemplate
'rnprovements which are necessary to the immediate preservation of
the public business, property, health and safety of the City and of
its citizens, this ordinance is hereby declared to be an emergency
easure demanding that the rule requiring ordinances to be read at
rrDre than one meeting of the Board of Aldermen be suspended and that
is ordinance take effect immediately from and after its passage,
nd it is so ordained .
PASSED AND APPROVED this the Iltz�d� o December, 1950.
T ,ST: c �
/s/ J. R . �1��ay, ,`,Iayor, pro-Tem.,
s/ J . B. Nickerson City of Wichita Falls, Texas
City Clerk, City of Wichita Falls, Texas
PPROVED AS TO FORM:
s/ J . Walter,- Friberg
City Attorney, City of Wichita Falls, Texas