Ord 60-2015 12/15/2015 ORDINANCE NO. 60-2015
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS,
TEXAS CHANGING THE DATE FOR THE GENERAL ELECTION OF CITY COUNCIL
MEMBERS TO THE NOVEMBER UNIFORM ELECTION DATE; PROVIDING FOR
EXTENDING THE CURRENT TERMS OF OFFICE TO THE NOVEMBER ELECTION
DATE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL
ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN
EFFECTIVE DATE; AND CONDITIONING EFFECT ON PRECLEARANCE FROM THE
DEPARTMENT OF JUSTICE.
WHEREAS, Section 41.001(a) of the Texas Election Code provides uniform
election dates for each general or special election held in this state; and
WHEREAS, Section 41.0052(a) of the Texas Election Code authorizes the
governing body of a political subdivision that holds its general election for officers on a
date other than the November uniform election date to change the general election date
to coincide with the November uniform election date; and
WHEREAS, the City currently holds its general election for municipal officers on
the uniform election date scheduled on the first Saturday in May; and
WHEREAS, Section 41.001(a)(3) of the Texas Election Code mandates that the
November general election date as the first Tuesday after the first Monday in
November; and
WHEREAS, moving the general election date from May to November would
allow the City to hold a "joint election" with multiple political subdivisions, thereby saving
the City time and expense by sharing polling places and ballot boxes, sharing election
judges' and clerks' compensation, combining election forms and records, and sharing
responsibility for maintaining election records and canvassing election results; and
WHEREAS, moving the municipal general election date from May to November
would likely increase voter turnout for municipal elections and facilitate increased
electoral participation by City residents; and
WHEREAS, the City Council has determined that moving the municipal general
election date from the second Saturday in May to the first Tuesday after the first
Monday in November would serve the public interest.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WICHITA FALLS, TEXAS:
SECTION 1.
DESIGNATE THE MUNICIPAL GENERAL ELECTION DATE
The regular election of the city council for the City of Wichita Falls, Texas shall be held
on the first Tuesday after the first Monday in November or as provided in section
41.001(a)(3) of the Texas Election Code.
SECTION 2.
TERM OF CERTAIN MUNICIPAL OFFICERS ALTERED
The terms for the council members elected to serve At-Large and in Districts 1 and 2,
whose terms will expire on the first Saturday in May of 2017, shall not expire until the
first Tuesday after the first Monday in November of 2017. The terms for council
members elected to serve as Mayor and in Places 3, 4, and 5, whose terms will expire
on the first Saturday in May of 2016, shall not expire until the first Tuesday after the first
Monday in November of 2016.
SECTION 3.
PRECLEARANCE
The City Clerk or the City Attorney of the City of Wichita Falls is authorized to make
such submissions as are necessary to the United States Justice Department to seek
pre-clearance for the new election date to the extent required by law.
SECTION 4.
CUMULATIVE PROVISION
This ordinance shall be cumulative of all provisions of ordinances and of the Code of
Ordinances of the City of Wichita Falls, Texas, as amended, except where the
provisions of this ordinance are in direct conflict with the provisions of such ordinances
and such Code, in which event the conflicting provisions of such ordinances and such
Code are hereby repealed.
SECTION 5.
SEVERABILITY CLAUSE
It is hereby declared to be the intention of the City Council that the phrases, clauses,
sentences, paragraphs, and section of this ordinance are severable, and if any phrase,
clause, sentence, paragraph or section of this ordinance shall be declared
unconstitutional by the valid judgment or decree of any court of competent jurisdiction,
such unconstitutionality shall not affect any of the remaining phrases, clauses,
sentences, paragraphs and sections of this ordinance, since the same would have been
enacted by the City Council without the incorporation in this ordinance of any such
unconstitutional phrase, clause, sentence, paragraph or section.
SECTION
EFFECTIVE DATE
This Ordinance shall be in full farce and effect from and after this date,
PASSED AND APPROVED ON I
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM AND LEGALITY-
City corn