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Ord 1540 11/2/1950 ORDINANCE NO. 1540 CALLING ELECTION 12-5-50 VOTE ON 12 CHARTER AMENDMENTS. Original in "CHARTER AMENDMENT ELECTION FILE. " ORDINANCE NO. 1541 CANVASSING ELECTION RETURNS Original in "Charter Amendment File" e` as ORDINANCE 110. 1540 SUBMITTING TO THE, DULY QUALIFIED VOTLitS OF THE, CITY OF WICHITA FALLS, TEXAS, FOR THEIR ADOPTION OR REJECTION) PROPOSED AMENDMENTS TO THE CHARTER OF THE CITY OF WIC::ITA FALLS, WHICH AMENDMENTS ARE HEREIN SET OUT IN FULL AND IDENTIFIED BY SECTION NUMBERS; CALLING A SPECIAL CITY ELECTION FOR THAT PURPOSE; PRESCRIBING THE .MODE AND MANNER OF HOLDING AND CONDUCTING SAID ELECTION, AND NAMING THE PLACES AT 1HICH S ANIE SHALL BE HELD; AND FH SCRIBING THE FORM OF THE BALLOT TO BE VOTED THEREAT; ORDERING THAT A COPY OF SAID CHARTER AKENDMnTS SHALL BE MAILED BY THE CITY CLERK TO EACH QUALIFIED VOTER, IN THE CITY OF I ICHITA FALLS WHjSE NAME APPEARS ON THE DOLLS OF TEIE TAX COLLECTOR OF WICHITA COUNTY FOR THE YEAR ENDING JANUARY 31, 1950, AS REQUIRED BY ARTICLES 1165 TO 1174, BOTH INCLUSIVE, OF CHAPTER 13, TITLE 282 OF THE REVISED CIVIL STATUTES OF TEXAS OF 1925; ORDAINING OTHER MATTERS RELATING TO THE SUBJECT AND DECLARING AN EMERGENCY: P R E A M B L E WHEREAS, heretofore on the 9th day of October, 1950, at a Regular meeting thereof, the Board of Aldermen of the City of Wichita Falls, Texas, a quorum being present, by a resolution to that effect, adopted and approved by a majority vote, declared its intention to pass and adopt, in the manner and at the time provided in Chapter 13, Title 28, of the Revised Civil Statutes of Texas of 1925, an ordinance submitting to a vote of the qualified voters of the City of Wichita Falls, at a special election to be ordered for that purpose, proposed amendments to the Charter of the City of Wichita Falls, which said pro- posed amendments were set out in full and identified by section ntunber in said resolution; and ordering that notice of such intention be given by publication thereof in a newspaper of general circulation in the City of Wichita Falls for the time and in the terms required by said Act of the Legislature; and WHEREAS, such notice of intention was duly given by publication thereof, as therein provided, in the "Wichita Falls Record Newsy', a newspaper of general circulation published in the City of Wichita Fells for ten days, to-wit: October 11, 12, 13, 14, 15, 16, 17, 18, 19 and 20, 1950, and twenty (20) days having elapsed since the date of the first publication of said notice of intention; and 74HEREAS, each and all of the provisions and requirements of said last mentioned legislative act, insofar as the same are applicable, have been herein conformed to and fully complied with; and WHEREAS, the Board of Aldermen of said City deems it advisable to submit to the qualified voters of said City such amendments, to its existing charter; and WHEREAS, the Charter of the City of Wichita Falls, Texas, has not been changed by amendment within two years next preceding this date; BE IT ORDAINED BY THE BOARD OF ALDEh[,Lr,N OF THE CITY OF 1� ICHITA FALLS, T`XAS: SECTION 1. That a special election be and the same is hereby ordered to be held and conducted within and for the City of Wichita Falls on the 5th day of December, 1950, for the purpose of submitting to the duly qualified voters of the City of Wichita Falls, for their adoption or rejection proposed amendments to the existing Charter of the City of Wichita Falls, as set out in the afore.aai.d resolution of intention and as herein identified by section number, and as hereinafter set-out in full. Section 2. That the mode and manner of holding and conducting said election shall be governed by the provisions of the Constitution and General Laws of the State of Texas, authorizing Home Rule cities, by a majority vote of -the qualified voters, at an election called for that purpose, to amend their Charter, provided; that only those persons who are qualified electors in the City of Wichita Falls, shall be permitted to vote on the propositions hereby submitted. i Section 3. That said special election shall be held at the several voting places in the City of Wichita Falls, as heretofore fixed and established by an order of theCommissioners' Court of Iichita County, Texas, under authority of the general election laws of .Texas relating to the establishment of election precincts in incorporated cities, and at the voting places, in said precincts, and under the supervision and control of the officers, managers and judges thereof, named and designated in the following table, to-wit; (a) In City Voting Precinct No. 1 at the Kitchenera.ft Southwestern, 1101 Lamar Street, with E. P. Nevin as Presiding Judge; In City Voting Precinct No. 2 at the Travis School, 300 3rd Street, with Firs C. 0. Simmons as Presiding Judge; In City Voting Precinct No. 4 at the Wichita County Courthouse, with L. L. Kuntz as Presiding Judge; In City Voting Precinct No. 7 at the Kemp Publid Library, with krs E. D. Trevathan as Presiding Judge; In City Voting Precinct No. 8 at the Jno Oechsner Electric Company, 809 Brook Avenue, with J. M. Baber as Presiding Judge; In City Voting Precinct No. 9 at the Reagan School, with Roscoe Staton as Presiding Judge; In City Voting Precinct No. 10 at the Seventeenth Street Fire Station, witbr C. C. Gordon as Presiding Judge; In City Voting Precinct No. 12 at the Seventh Street Fire Station . with Firs C. K. Walsh as Presiding Judge; In City Voting Precinct No. 13 at the Alamo School, with Mrs R. E. Benson as Presiding Judge; In City Voting Precinct No. 14 at Residence, 1700 Pearl Street, with Mrs W. E. Brothers as Presiding Judge; In City Voting Precinct No. 16 at the Giddings Street Fire Station, with Everett Hughes as Presiding Judge; In City Voting Precinct No. 17 at the Zundelowitz School, with N. A. Ioore as Presiding Judge; In City Voting Precinct No. 19 at the Buchanan Street Fire Station, 1800 Buchanan, with Geo. A. Smoot as Presiding Judge; (b) All qualified voters who reside in that portion of County Voting Precinct No. 3 which lies within the City shall vote in City Voting Precinct No. 3, at the B arwise School, with Ni. 0. Moore as Presiding Judge; All qualified voters who reside in that portion of County 'Doting Precinct No. 6 which lies within the City shall vote in City Voting Predinct No. 5, at the Doolen Pharmacy, with G. W. Pond as Presiding Judge; All qualified voters who reside in that portion of County Voting Precinct No. 7 which lies within the City, shall vote in City Voting Precinct No. 6, at the Washington School, with A. E. Holland as Presiding Judge; All qualified voters who reside in that portion of County Voting Precincts Nos. 13 and 42, which lies within the City, shall vote in City Voting Precinct No. 11, at the Jefferson Street Fire Station, with J. H. Martin as Presiding Judge; All qualified voters who reside in that portion of County Voting Precinct No. 17 which lies within the City shall vote in City Voting Precinct No. 15, at the Schlumberger Well Sur. Co. 1412 Sibley with Mrs R.E. Stone, as Presiding Judge; a y Ord, No. 1540 - Con't All qualified voters who reside in that portion of County Voting Precincts nos. 21 and 22 which lies within the City shall vote in City Voting Precinct No. 18, at the English Pharmacy, with R. J. Claypool as Presiding Judge. All qualified voters who reside in that portion of County Voting Precinct No. 24 which lies within the City shall vote in City Voting Precinct No. 20 at the Sam Houston School, with Xrs J. S. Counts as Presiding Judge; All qualified voters who reside in that portion of County Voting Precinct No. 40 which lies within the City shall vote in City Voting Precinct No. 21 at the East Side Presbyterian Church, with Mrs J. W. Bussey as Presiding Judge; All qualified voters who reside in that portion of County Voting Precinct No. 41 which lies within the City shall vote in City Voting Precinct No. 22 at the Scotland M. E. Church, with Helen Arbuckle as Presiding Judge; All qualified voters who reside in that portibn of County Voting Pr< cinet No. 43 which lies within the City shall vote in City Voting Precinct No. 23 at the Ben Franklin School, with Mrs Walter Krog as Presiding Judge; a All qualified voters who reside in that portion ofCounty Voting Precinct No. 45 which lies within the City shall vote in City Voting Precinct No. 24 at the Westover Hills Community House, with Mrs Tom Fortune as Presiding Judge; All qualified voters who reside in that portion of County Voting Precinct No. 47 which lies within the City shall vote in City Voting Precinct No. 25 at the Carrigan School, with C. L. Murph, as presiding Judge. The Presiding Judges hereinabove named for each voting precinct shall appoint such additional Clerks as may be needed to conduct such election. Section 4, BE IT FURTHER ORDAINED that at such special election the following proposed amendments to the existing charter of the City of Wichita Falls, shall be submitted to the qualified voters of the City of Wichita Falls for their adoption or rejection, to-wit; AMENDMENT NO. 1 Shall the existing Charter of the City of 1,.icla to Falls be amended 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 extending the corporate limits the Board of Aldermen shall have the power by ordinance to provide for the alteration and extension 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 the introduction of any such ordinance in the Board of Aldermen, it shall be published one time in a, newspaper of general circulation published in the City of Wichita Falls, Texas. The proposed ordinance shall not thereafter be finally acted upon until at least seven days have elapsed following such publication; and upon the final passage of any such ordinance the boundary limits of the City shall thereafter be as fixed in such ordinance and wKe n any such additional territory has been so annexed shall be a part of the City of Wichita Falls and the property situa- ted 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 of the citizens and shall be found by the acts, ordinances and resolutions of the City." AMENDMENT NO. 2 Shall Section 37 of the existing Charter of the City of Wichita Falls be amended so as to read hereafter as followsr "Section 37. Each proposed ordinance or resolution shall be introduced in written or printed form and except ordinances or resolutions making appropria- tions shall not contain more than one subject which shall be claarly expressed in the title. The vote upon the passage'of all ordinances and resolutions shall be taken by 'Yeast and 'Nays' and entered upon the minutes of the Board of Aldermen and every such ordinance or resolution shall require for passage the affirmative vote of a majority of all members of the Board. No Alderman shall be excused i from voting except on matters involving; the consideration of his own official conduct, or where his financial int ;rests are involved. Every ordinance pre- scribing 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 ordinances 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." AMEN DI .ENT NO. 3 Shall Section 46 of the existing Charter of the City of Wichita Falls be amended so as to read hereafter as follows; "Section 46. ' The electors shall have power at their option to approve or reject at the polls any ordinance or resolution passed by the Board of Aidermen or submitted by such Board to a vote of the electors, such power bein6; known as the referendum; provided, however, that such right of referendum shall not apply to ordinances or resolutions passed by the Board 'ef Aldermen authorizing the issuance of bonds theretofore voted by the resident qualified property tax- paying voters of the City. Measures submitted to the Board of Aldermen by initia- tive petition and passed by the Board without change or passed in an amended form and not required by the Committee of Betitioners to be submitted to a vote of . the electors shall be subject to the referendum in the same manner as other measures." AMENDMENT NO. 4. Shall Section 47 of the existing Charter of the City of Wichita Falls be amended so as 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 it be declared an emergency measure on the ground of urgent public need for the preservation of the peace, health, safety and property of the City,the facts showing auch urgency and need being stated specifically 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 &Wending any public utility franchise or amending or repealing any measure adopted by the electors ' at the polls or adopted by the Board of Aldermen in compliance wit�r an initiative petition shall be reg4rded as an emergency measure." AMENDMENT NO. 5 Shall Section 48 of the existing Charter of the City of Wichita Falls be amended so as to read hereafter as follows: +? I "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 to at least 10 per centum of those who voted in the last preceding regular muni- cipal election and in no case by less than 200 electors 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 resident, qualified property taxpaying voters of the City." LMENDMENT NO. 6 Shall Section 54 of the existing Charter of the City of Wichita Falls be amended so as to read hereafter as follows; "Section 54. Measures passed as emergency measures other than ordi- nances 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 meaaure be not approved by a majority of those voting ,hereon, it shall be considered repealed and any further action tcereunder 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." a Ord. No. 1540 - Con't i A1.11ENDMEM NO. 7 i Shall Section 62 of the existing Charter of the City of Wichita Falls be amended so as to read hereafter as follows: I "Section 62. In making appointments the City Manager shall give preference to citizens of Wichita Falls, provided any citizen 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 Manager shall have the authority to determine the qualifications of all such appointees." kALND1UrNT NO. 8 Shall Section 67 of the existing Charter of the City of Wichita Falls be amended so as to read hereafter as follows: "Section 67. Prior to the end of each fiscal year the City r:anager shall prepare and submit to the Board of Aldermen a budget of the expenditures and revanues of all City departments, divisions and offices for the next ensuing fiscal year. In the preparation and submission of such budget the City Manager shall be governed by the general laws 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 provide a reasonable number of copies of the budget for distribution to citizens who may request copies thereof. Copies shall be furnished to the newspapers of the city and to each public library of the city." AMENDMENT NO. 9 Shall Section 74 of the existing Charter of the City of Wichita Falls be amended so as to read hereafter as 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 situated in the City not exempt from taxation by the Consti- tution and the laws of the State of Texas, in the amounts and {or the purposes as follows: (a) At a rate not exceeding 60¢ for the purpose of paying the general governmental operating expenses of the City and for general improvements of the City and its property; (b) At a rate not exceeding 5¢ for the purpose of establishing, providing, maintaining and operating a public library, or libraries, within said City; (c) At a rate not exceeding 30� for the purpose of laying out, opening, constructing, repairing and improving roads, bridges and streets within the limits of said city; (d) At a rate not exceeding 20¢ 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 amendment and to pay the principal of and interest on bonds hereafter authorized by the qualified property tax- paying 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 exempt from taxation by the Constitution and laws of the State of Texas." AMENDMENT NO. 10 Shall Section 75 of the existing Charter of'the City of Wichita Falls be amended so as to read hereafter as follows: 1ISection 75. The Board of Aldermen 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 fire fighting equipment, as may be determined by the Board of Aidenaen, pro- vided ti:at no bonds shall be authorized unless the proposition for the issuance thereof has been approved by a majority of the qualified property taxpaying voters of the City voting at an election held for said purpose. Such election shall be ordered by the Board of Aldermen and notice thereof shall be &i.ven 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 the laws relating to the issuance of bonds by cities and towns such election shall be held and con- ducted 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 outstand- ing 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." AMLNDMLINT NO. 11 Shall Section 96 of the existing Charter of the City of Wichita Falls be amended so as to read hereafter as follows: "Section 96. The Board of Aldermen shall have the power to levy and collect an annual occupation tax on all occupations, callings, business and professions-in the amount and to the extent now and hereafter permitted by the Constitution and laws of the State of Texas, and shall provide by ordinance means for enforcing the collection of such tax. No personal tax or poll tax shall ever be levied.11 AML,'NDMENT NO. 12 Shall the existing Charter of the City of Wichita Falls be amended so as to add thereto a new section to be known as Section 120a, as follows: "Section 120a. The act passed by the Legislature of the State of Texas in 1927 and shown as Chapter 1061 Acts of the First Called Session of the Fortieth Legislature together with all amendments thereto is-hereby incorporated in and made a part of this Charter." Section 5• If said charter amendments are approved at said election and thereafter become effective and a part of the charter of the City of Jr;ichita Fails, it shall be held to tepeal amy other provisions or provisions in the existing Char- ter of the City of Wichita Falls in conflict therewith; as well as all ordinances of the City, insofar as same may be inconsistent therewith. Section 6. That the form of ballot to be used at such election shall be printed in the form as required by the laws of Texas, and said Charter amend- ments and propositions thereunder, shall be printed thereon in full, and pre- pared in such manner that each voter may vote Iles" or "Noll on said amendments. Section The presiding and associate judges and managers of said special election shall appoint or select their own clerks or assistants, if such be required, and shall conform to and comply with all the requirements of the general law of this State, in all matters pertaining to said special election. Section 8. A copy of this Ordinance shall constitute sufficient notice OP f said election. The Mayor and the CityClerk of the Cit ; of ,richita Falls be and they are hereby directed to cause due publication of this Charter Amendment Ordinance, as such notice, at once, in the "Wichl_ta Falls Record News1l, a news- paper published in the City of Wichita Falls, and having general circulation therein, and shall require and carefully preserve duly authenticated proof of such publication, consisting of the affidavit of the owner, manager or publisher of such paper, to the fact that the publication of this ordinance therein, the date of such publication, and have attached thereto the original manuscript of such publication and the printed copy thereof, .as the same appeared in such paper; and the City Clerk is directed to mail a copy of said amendments to every qualified voter in the City of Wichita Falls whose hame appears on the rolls of the Tax Collector of Wichita County, for the year ending January 31, 1950, in compliance with Article 117O, Revised Civil Statutes of .Texas, 1925, r � Section 9. That immediately after the Motes cast at such ai,acial election have been counted and canvassed and proper returns thereof made to the Board of Aldermen by the officers and managers thereof, said Board of Aldermen shall meet to consider the same, and shall make and cause to be entered in the proper records of the City of Wichita Falls, its official declaration of, or order showing the actual and true result of said special election, and the approval, adoption or rejection of the foreoing proposed charter amendments, and if such results show that a major- ity of the voters of the City of Wichita Falls voting at such election have approved and are in favor of the adoption of said proposed charter amendments, then the order of the Board of Aldermen in the premises shall further declare in approprJate terms that such amendments, as they appeared mn the official ballot used at such special election, have been approved and adopted by a majority vote of the qualified electors of the City, and shall further order and declare that from and after the entry and record of such order, in the manner required by law, such amendments have been adopted and approved in the manner prescribed in the Acts of the Legislature of the State of Texas, approved April 7, 1913, and that same shall have become and be a part of the Charter of the City of Wichita Falls. " Section 10. That upon the adoption and approval of the herein proposed amendments to the Charter of the City of Wichita Falls and as soon as practicable after the entry and record of the order of the Board of Aldermen, prescribed hereof, it shall be the duty of the Mayor of this City to certify to the Honorable Secretary of State of the State of Texas a certified copy of such amendments as approved and adopted and a like copy of the said order of the Board of Aldermen showing the number of votes cast at a special election, for and against said amendments, which said copies shall have impressed thereon the seal of the City of Wichita Falls, and be otherwise authenticated as required by the QIct of the Legislature approved on April 7, 1913. Section 11. That it is hereby made the duty of theCity Clerk, or other officer of this City, exercising like powers, upon the adoption and approval of such proposed amendments,and the entry of the order of the Board of Aldermen provided for in the last preceding section hereof, to enter and record, at length, in a separate book to be entitled: I'The Charter Amendment Record of the City of Wichita Falls'l, kept for that purpose as required by Section 3 of the last mentiohed Act of the Legislature. Section 12. By reason of the fact that the Board of Aldermen considers the purposes of the proposed Charter Amendments contemplate improvements 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 measure demanding that the rule requiring ordinances to be read at more than one meeting of the Board of Aldermen be suspended and that this ordinance take effect immediately from and after its passage, and it is so ordained. PASSED AND APPROVED this the 2nd day of November, 1950. aye , City of ;-;ichit a11s, Texas ATTEP,T:" 1 Al en '71y Clerk, City of Wichita Fal].s , Texas A?Ph0VLD AS TO FORM: / 1 Ci torney, City of Wichita Fa , Texas