Min 10/09/1963 559
Wichita Falls, Texas
Memorial 6�Atidieorium Bldg.
September 99 1963
Item No.
1 2 The Board of Aldermen of the city of Wichita Falls, Texas, met in regular session on
the above date, in the Council Room of the Memorial Auditorium Building at 7:30 o'clock P-M- ,
with the following members present:
John J. Gavin Mayor
j. Winston Wallander
Dr. D. Clifford Burross
0. D. McBride Aldermen
Dr. Al T. Witcher
Roy V. (Pete) Claytor
L. Jack Davis City Manager
H. P. Hodge, Jr. City Attorney
W. B. Hicks City Clerk
Don Wade Absent
The invocation was given by Alderman Wallander.
3 Moved by Alderman Burross that the minutes of the regular meeting of August 12, 1963,
be approved as read.
Motion seconded by Alderman Claytor and carried unanimously.
At this time Mayor John Gavin read a letter from Mr. Bill Thacker, Chairman of the
Planning Board, regarding some changes in the proposed ordinance on zoning. (copy of letter
attached.)
Alderman Burross was recognized at the conclusion of the reading of Mr. Thacker's
letter, and commented on zoning and the tactics that had been used by the opponents of com-
prehensive zoning.
Mayor Gavin then read a statement from the Council regarding the petition filed
with the City Clerk on Friday, September 6, 1963, requesting that an election be held to
change Article 10 of the Charter. He then read an opinion from the City Attorney which had
been approved by the Attorney General of the State of Texas regarding the number of signa-
tures necessary on a petition to amend a City Charter. (Copy of City Attorney's opinion
attached.)
The Mayor then stated that since to amend a City Charter, 10% of the qualified
voters were required to sign a petition seeking such amendment, and since the petition filed
on Friday, September 6, 1963, did not meet these requirements, it would not be considered by
the Council.
Mr. Forrest Tillman, who was one of the sponsors of the petition, was recognized
ks regarding the number of signatures on the petition, and
4, and took the floor to make remar ity of
stated that the committee sponsoring the petition had studied the Charter of the C
Wichita Falls, and had followed same closely. He further stated that since the state law
required more signatures on a petition to amend a City Charter, the committee would go to
work and supply the necessary number of signatures.
4 A letter from the City Manager addressed to the Mayor and Board of Aldermen concern-
ing the subject of fluoridation of the water system of the city of Wichita Falls was presented
to the Council as requested by them at their meeting on June 24, 1963. Copies of the City
Manager's report on fluoridation had been distributed to the Council and the audience before
the meeting was called to order, and since most persons present had a copy, the Mayor skimmed
through the report, but did not read it verbatim. No further action was taken on this report.
A memorandum from Mr. J. P. Ruhmann, Director of the Department of Public Services,
ater Commission con-
to Mr. Jack Daviso City Manager, was read by the Mayor regarding Texas W
tract for gauging the quality of water stations, and recommending that the contract with the
Texas Water Commission be approved for the year 1963-64, in the amount of $2470.00
Moired by Alderman Burross to approve the contract with the Texas Water commission to
operate the gauging stations for the year 1963-64 in the amount of $2470.00
Motion seconded by Alderman Witcher and carried unanimously.
6 A memorandum from Mr. J. P. Ruhmann, Director of Department of Public Services, was
read recommending that the bid for the V-Notch Chlorinator received on July 11, 1963 be
awarded to Wallace and Tiernan for $1,255.00.
560
MoVed by Alderman Wallander that the bid of Wallace and Tiernan for a V-Notch
Chlorinator at a price of $1
255.00 be accepted. Item 6, cont'd.
Motion seconded by Alderman McBride and carried unanimously.
Moved by Alderman Witcher that the low net bid I of $1,634.29 for signal cable by 7a
United Electric Company be accepted, and that the low net bid of $2,425.48 for Rigid Conduit
by R & A Supply be accepted.
Motion seconded by Alderman Claytor and carried unanimously.
Moved by Alderman Witcher that the low bid of $2423.50 for a two ton truck be 7b
awarded to Morgan Motor Company, the low bid of $2099.99 for a one ton pickup to Interna-
tional Harvester Company, and second low bid of $1969.00 for a one ton Cab and Chassis be
awarded to Waites Ford Sales, since the eqUipmefit of the low ,bidder did,novmeet specifica-
tiohs, and the low bid of $2382.48 for a 990 gallon tank be awarded to 1III & S Equipment Company.
Motion seconded by Alderman Claytor and carried unanimously.
A letter to Mr. Jack Daviss city Manager, from Mr. R. T. Gregory, Director, De- 8
partment of Public Works, was read, wherein Wichita County has requested that the alley
through Block 12, Original Townsite of Wichita Falls be closed. Mayor Gavin instructed the
City Attorney to prepare an ordinance to close the alley in Block 12, Original Townsite of
Wichita Falls.
Mayor Gavin read a report submitted by Mr. R. T. Gregory, Director of Public 9
Works, on the survey of the effect of the recommended amendment to the trailer park ordin-
ance changing the set-back requirement on rear property lines from fifteen feet to ten feet.
Mr. Gregory recommended that exceptions to this requirement be granted in the case of
Vaughn's Trailer Park at 3210 Iowa Park Road, and Ninth Street Trailer Park at 3130 9th
Street.
Moved by Alderman McBride that the amendment to the Trailer Park Ordinance be
approved with the two recommended exceptions.
Motion seconded by Alderman Burross and carried unanimously.
Mr. James Williams, who had requested to be heard by the Council was recognized 10
and spoke to the Council and Audience, and expressed his appreciation to the Council for
building of a foot bridge to be used by the students crossing Holliday Creek to Booker T
Washington High School, and also stated that they had a grievance. This grievance was tLt
they felt that the assessment program for curb and gutter on streets to be improved in the
capital improvements bond program was not publicized, and that the Council had failed to
inform them that such would be the case. Mr. Williams also presented a letter to the Mayor
from Mr. Clarence Muehlberger regarding the same subject.
Mayor Gavin replied to this grievance stated by Mr. Williams, answering each
point made by Mr. Williams, and then read to Mr. Williams an article from the Wichita Falls
Times of May 28, 1963, which stated the policy of assessment, and the tape recording of the
minutes of the Council meeting of May 27 1963 was played back to the audience, who heard
the City's assessment program and policy.r
This Policy of curb and gutter assessment has been of long standing, but had not
been finalized in a resolution; therefore, this policy was put in writing in the form of a
resolution passed at the Council meeting of May 27, 1963, and at that same meeting it was
stated that the regular policy on assessment for curb and gutter would be followed in the
Capital Improvements Bond program. Mr. Williams asked the Mayor to define what was a
major thoroughfare, which the Mayor did. Alderman Wallander, who had made the motion to
accept the resolution defining the Policy of the City regarding assessment for curb and
gutter at the Council meeting on May 27, 1963, also made a few remarks regarding the City's
policy.
A memorandum from the City Manager to the Mayor and Board of Aldermen was read
in which he stated that the depository agreement with the City National Bank of the City of
Wichita Falls expired October 1, 1963, and that he recommended that we advertise for bids
for a depository for a two-year period.
Moved by Alderman McBride that the City Clerk be authorized to advertise for bids
for a depository for a period Of two years.
Motion seconded by Alderman Witcher and carried unanimously.
3, 1963
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561
12 A memorandum from the City Manager to the Mayor and Board of Aldermen regarding
the payment to the Texas Highway Department for the real estate located on Last Scott and
the Jacksboro Highway was read. (COPY of Memorandum attached.)
Moved by Alderman Burross that the City Manager be authorized to discuss with the
Texas Highway Department about acceptance of warrants in the amount of $77,500.00, and if
this should not be acceptable to them to allocate an expenditure for this amount for payment
that was due.
Motion seconded by Alderman Wallander and carried unanimously.
13' The Mayor read a letter from Mr. R. T. Gregory, Director of Public Works, addressed
v I to Mr. Jack Davis, City Manager, regarding the certificate Of occupancy for the new National
i Guard Armory on 9th Street. The controversy regarding the side walk for curb and gu
now been resolved. tter has
14 Passed.
is Passed.
16 Action on a revision of residential paving standards submitted by Mr. R. T.
Gregory, Director of Public W
orks, was postponed until the next council meeting.
17 Moved by Alderman Witcher that the City Manager be authorized to execute the sale
of the city property at 7th Street and Loop 165 for the amount of $So,000.00 to Mr. Ross
Hanna, and to furnish title insurance at an approximate cost of $150.60.
Motion seconded by Alderman Claytor and carried unanimously.
18 RESOLUTION NO. 530
V
A RESOLUTION APPROVING THE AGREEMENT DATED SEPTEMBER 9, 1963, BETWEEN THE
STATE OF TEXAS AND THE CITY OF WICHITA FALLS, FOR THE INSTALLATION, CON-
STRUCTION, EXISTENCE, USE, OPERATION AND MAINTENANCE OF A SIGNALIZATION
PROJECT AT THE INTERSECTION OF US 287 EAST AND WEST FRONTAGE ROADS WITH
US 281 IN THE CITY OF WICHITA FALLS; AND PROVIDING FOR THE EXECUTION OF
SAID AGREEMENT.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS.
SECTION 1. That the certain agreement dated September 9, 1963 between the State
of Texas and the City of Wichita Falls for the installation, construction, existence, use,
operation, and maintenance of certain highway signalization located at Intersection of US
287 East and West Frontage Roads with US 281 in _
is, hereby approved; and that Jack Davis the City of Wichita Falls be, and the same
, City Manager, is hereby authorized to execute
said agreement on behalf of the City of Wichita Falls and to transmit the same to the State
of Texas for appropriate action.
Moved by Alderman Burross that Resolution No. 530 be passed.
Motion seconded by Alderman Claytor and carried by the following vote:
Ayes: Aldermen Wallander, Burross, McBride, Witcher, and Claytor.
Nays: None
19, RESOLUTION NO. 531
WHEREAS, the Board of Aldermen of the City of Wichita Falls on August 12, 1963P
adopted Resolution No. 527 authorizing the City Clerk to publish notice to bidders of
letting of contract for the construction of two fire stations, and of the City's intention
to issue interest-bearing time warrants therefor in an amount not exceeding $70,000, bear-
ing interest at a rate not exceeding four percent per annum, sealed proposals to be re-
ceived at the office of the City Clerk until 10:30 O'clock A.M. on the 3rd day of Septem-
ber, 1963; and,
WHEREAS, it was later decided that more favorable bids for the City could probably
be obtained if the bids were received until 2:30 O'clock P.M. on said September 3rd, 1963,
and the published notice so provided, the change in time is now considered by the Board of
Aldermen to be in the best interest of the City, and such change in the time of the opening
of bids should be and is hereby ratified and confirmed by the Board of Aldermen; and
WHEREAS, said notice was duly published in the Wichita Falls Record News, the date
of first publication being more than fourteen (14) days prior to September 3rd, 1963, such
publication having been made on August 16, 1963 and August 23, 1963; and,
562 WHEREAS the Board of Aldermen finds that no petition of any kind has been Item 19
31 e Board of Aldermen or to any officer cont'd.
submitted to the City Clerk or to any member of th uestion of authorizing the issuance, of
of the City requesting a referendum vote upon the q 'd fire stations
bonds of the City for the purpose of providing the money to construct sal
or the issuance of the interest-bearing time warrants of the City, and that therefore the
Board of Aldermen is authorized to proceed with the acceptance of proposals and awarding of
contracts and issuance of said interest-bearing time warrants in payment of all or part of
the cost of constructing said fire stations; and,
WHEREAS, on the date stipulated in said notice for the acceptance of bids, and
at the time and place specified therein, bids were received and opened and read; and,
W[HEREAS, the Board of Aldermen finds that the proposal of Charles Wrotenberry
in the sum of SEVENTY THOUSAND AND NO/100 ($70,000-00) DOLLARS was the lowest and best bid
submitted and that the said contract should be awarded to him;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS:
THAT the contract for the construction of said two fire stations should be and
the same is hereby entered into by and between the City of Wichita Falls, Texas, and the
aforesaid successful bidder, Charles Wrotenberry, and the Mayor is hereby authorized to
execute said contract for the City.
THAT the serial warrants of said City shall be issued and delivered to the said
Charles Wrotenberry for the purpose of financing the cost of constructing said fire stations,
said warrants to be in an amount not exceeding $70,000, bearing interest at a rate not ex-
ceeding four percent (4%) per annum with the maximum to be not more than ten (10) years.
A sufficient tax shall be assessed and collected annually to pay the interest on said
warrants and to create a sinking fund for the redemption of said warrants at maturity,
which shall be at least two percent (2%) thereof annually.
Moved by Alderman Wallander that Resolution No. 531 be passed.
Motion seconded by Alderman Witcher and carried by the following vote:
Ayes: Aldermen Wallander, Burross, McBride, Witcher, and Claytor.
Nays: None
At this time the Architectural firm of Wingler and Sharp presented to the Council 20
the plans and the picture of the proposed Weeks Park Club House. These plans and the picture
was set up on easels and explained to the Council and the audience by Mr. Bob Wingler. At
the conclusion of his explanation and answering of questions posed by the Council and the
audience, the Mayor appointed a committee consisting of Alderman Witcher, City Manager Jack
Davis, and Director of Parks and Recreation, Spencer Ellis to work with Mr. Wingler on any
further details of the proposed Weeks Park Club House.
RESOLUTION NO. 532
WHEREAS, the Board of Aldermen of the City of Wichita Falls, after due investi-
gation, has determined that it is necessary and to the best interest of the City to constr-
uct golf course improvements, as set out. in Resolution No. 511 adopted April 22, 1963; and,
WHEREAS, it is the intention of the Board of Aldermen in the event contract be
executed for the construction of said golf course improvements herein contemplated, to issue
and deliver to the proper contractor or contractors in payment for the labor, material, and
supplies used in the construction thereof, Time Warrants of the City bearing interest at a
rate not to exceed four per cent (4%) per annum, and not exceeding the principal sum of
$10o,000.00, the principal of said Warrants to be payable in equal installments, with the
maximum maturity date to be not more than ten (10) years;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS:
THAT the City Clerk is hereby authorized and instructed to cause to be published
in a newspaper of general circulation in the City the notice required by Article 2368a,
Revised Civil Statutes of Texas in respect of the constructing of said golf course improve-
ments; that said notice shall specify the time and place when and where such contract shall
be let, and shall be published in a newspaper of general circulation in the city of Wichita
Falls once a week for two consecutive weeks prior to the time set for the letting of such
contracts, the date of the first publication to be at least fourteen full days prior to the
time set for such letting; that said notice shall also contain the information that it is
the intention of the city to issue and deliver interest-bearing Time Warrants in an amount
not exceeding $loo,000.00 bearing interest at a rate not exceeding four per cent (4%) per
annum, the principal of said Warrants to be payable in equal annual installments with the
maximum maturity date to be not more than ten years, such Warrants to be issued and delivered
in payment of the costs of said golf course improvements, and that such notice shall contain
such additional information and data as required by liw.
Sealed proposals in respect to the construction of said golf course improvements
will be received at 'the office of the City Clerk, Memorial Auditorium, Wichita Falls, Texas,
until O'clock, M., on the day of 9 1963, in
accord7a_nce wirth-177e lans and—specifications-Tw"RITF—are approved by the Board ot Aldermen
and on file in the office of the City Clerk, at which time and place such proposals will be
publicly opened and read.
563
Item 20 Moved by Alderman Witcher that Resolution No. 532 be passed.
cont'd.
Motion seconded by Alderman Claytor and carried by the following vote
Ayes: Aldermen Wallander, Burrosso McBride, Witcher, and Claytor.
Nays: None
21 Moved by Alderman Claytor t I hat minutes of the Park Board meeting of August 22,
1963S Planning Commission meeting of August 14, 1963, and the Traffic Commission meeting
of August 13, 1963, be received.
Motion seconded by Alderman Burross and carried unanimously.
22 Moved by Alderman Witcher that payments due under reimbursement contracts, as
follows, be paid.
Meadow Lake Company, Water, Meadow Lake Addition, Section B, from January
30, 1961 to January 30, 1962; $721.88
Meadow Lake Company, Water, Meadow Lake Addition, Section B. from January
30, 1962 to January 30, 1963; $1,168.47
W. B. Hamilton Investment Co. A Water, Seventh Supplemental Addition to the
Country Club Addition, Section One, from August 1, 1962 to August 1, 1963; $1,356.19
Joe A. Best & Ralph Hines, Jr., (Sunnyside Development Co.) Water, Sunnyside
Heights Addition, Section B, From August 23, 1962 to August 23, 1963; $358.46
Tanglewood Development Company, Water, -Tanglewood Addition, Section 1-A, from
August 31, 1962 to August 31, 1963; $447.45
Meadow Lake Company, Sewer, Meadow Lake Addition, Section B, from January 30,
1961 to January 30, 1962; $115.94
Meadow Lake Company, Sewer, Meadow Lake Addition, Section B, from January 30,
1962 to January 30, 1963; �273.39
Hill & Moore, Sewer, Hursh Addition (Christine Road) , from August 31, 1962 to
August 31, 1963; $93.44
Hamilton Investment Company, Sewer, Second Section 7th, Supplemental Addition to
the Country Club Estates, from August 24, 1962 to August 24, 1963; $89.22
Hughes Development Company, Inc. , Sewer, Faith Village, Unit #4, from August
30, 1962 to August 30, 1963; $1275.61
Tanglewood Development Company, Sewer, Tanglewood Addition, Section I-A, from
August 31, 1962 to August 31, 1963; $50.45
Motion seconded by Alderman Claytor and carried unanimously.
23a Moved by Alderman Burross that the final plat of Rider High School be approved.
Motion seconded by Alderman Claytor and carried unanimously.
23b Moved by Alderman Burross that the final plat of the Jack Tillman Subdivision be
V1 approved.
Motion seconded by Alderman Witcher and carried unanimously.
24 Mr. Jack Davis, City Manager, recommended to the Council that a public hearing on
I the budget be called at 8:00 A.M October 1, 1963. Mayor Gavin announced that the public
V hearing on the budget would be at* J'8:00 A.M, October 1, 1963, and instructed the City
Manager to publicize same.
25 Mr. Jack Davis, City Manager, recommended that we appropriate $5,000 to the Red
River Authority for Pollution control.
Moved by Alderman Burross that $5,000 be appropriated for payment to the Red River
Authority to assist in Pollution control, and that Mr. Jack Davis make every reasonable
effort to see that these funds were spent for this purpose and no other.
Motion seconded by Alderman McBride and carried by the following vote:
Ayes: Aldermen Wallander, Burross.0 McBride, and Claytor.
Nays: Alderman Witcher.
564
Maypr Gavin instructed Mr. Jack Davis, City Manager, to contact .the orig�nal 26
- members of the Capital Improvements Steering Committee to see if they would serve on a
committee to study the feasibility of a Coliseum, and if they were unwilling to serve to
contact others who might be willing to do so.
Mr. Jack Davis, City Manager, announced that a Kid Fishing Hole had been constr-
ucted in Williams Park, with Mr. Frank Wood donating 50% of the cost, and the City match-
ing it. He also stated that the grand opening would be held on Saturday morning, September
14, 1963, at 10:00 A.M. , and that he and one or more of the Aldermen would be present.
Moved by Alderman Claytor that the meeting be adjourned.
Motion seconded by Alderman Witcher and carried unanimously.
The Board of Aldermen then adjourned at 10:14 P.M.
APPROVED this the ay of 1963.
21 i
ATTEST:
City CTe_r_R__
baprember 9, l9wj
Uo.rd of Aldermen
Wichita Falls, Texas
Gemlemen�.
Since the preparation of the proposed Zoning Ordinance and Map d"ted
July 30, 1963, v number of errors, suggestions and possible conflict-
heve come to the attention of the memb"rs of the ; lanning Board. it
has been the belief of thu Pl.nning Board Lh"t h. iorn a Zoning Ordin4ncu
and Map was finally ndopLeii 1)), the )sciiird of Aldermen that a number of
errors and possible confliats would bc found and need to b" changed Q
the Udinance and on the Mdp. Also, a number of good nuggestions have been
received and the public hepring required beiore fWl idoption would
sure1v bring forth othvz go ,id Ideas, nil of which mu"luld be givelt
careful consideration belory knal Adoption Q an (Wdinance and Map.
The Planning Board has worket many hours for more than two years in
attempting to prepare a Zonirl "rdinoncc and Mip that would give property
protection with freedom for p-esent 6usinqsses and Industries and with
good planning for Auturn grow h th"t would Utract ncw home ownerg,
businesses and industrics to ur city.
There are several changes vhi h J would likv to cal! to vour attemion
which L believe will correct hv July &K VrolosAl within the tru��
intent oi thn Planning Board.
Article 10 dealing with non-c :i1orming uses needs to be corr"cted to
remove possible conflicts in annage and to Quarly stnte the Board's
interitton, that non-conformln uses in an R-1 1hrou,h 11-1 zones m1ght
continue without change unles nu)ry than 60% 6estruyed or abandone',
for more than two vears, and hat "on-conforming umen in LR-2 throunh
M Zone be allowed to conLinu , unlarge and rebuild wJth the only 11.10litaLiou
being that if abandoned fur w, years then such property should conf"UN
to its zone usu, in this a a A-H-le 10 further provisions need ro be
made as to oil Held, aunj ad vihcc salvage businesses to avoid any
economic hardship or lost t in 6 linninesses, Also, bection 10, 10
should probably be changod I nwving HA-1 from such section, It is
my belief that Article 11 rm" d almo provide that. where a non -uonfurming
use ceases due to court vn �&Cvent of a deed restriction that such
property should thereaft-r : orm to its zone, Ibis would give added
WoLviction to Lhu home oim . 1") yoeu to thn xp2nan V ,,,,j,,
enforcement of d&vd rest iviiiu ,
I t is possible I Pal q� ha CS will nuvd Lo bc inadu In Un h"1141q,
and lot requirumcntn ", kve d by Articlus 4 khrounh 4 an a i(mut,
suggestions and ad\ i , , cecel d in ragard to thes" "rwvisiony, it
should be made tlear Lhat sin Provisionn deal with new
not existing buildings and ly under cvnafn cvndjtj,,,,
or changes in present builtl !gs.
Some uses havc been accie My lef 0 h
1 throngh 3 and considerat i should be givnn V- addlan nlll �
examplu, 1 believe hotelh , MYIN wync on, id,,; ,)
LR-2 Section.
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AnnuArls) sruvkh, W WOUTO POLP shm mT Knv: jj, W,; )y 0_! vv, Z,U,
401 Ann 0' OU� WO!WOr)O to W "HWON � W", n"�'v �i)'Iltoi ��wv
'nL- W" h In A:z?m;YvnK 0 0*000 wy oNfaAn-,,�
Ant Umn ,
I leinimn�-, ��;,ord hao zone too ben QuA vhsmx& LN, , jtj,,,, 1,,14, qt
Ova Q xoning in UP election on Seltmbe- YjLh, Wv W in
Qm; Wri A April, 1951 , we will hain W how,
AOSGUIP Zontng Ordimmac and Map hko:l TRY noup' lah -n
Sepurmher 101i mming, then we mts I uL111 ,,tj... ...
q, f"V 0 Q: our city 7
We JWU with ynn in Uvg1"m all "dTh
daridm this publin IsRu,_
liacker,
AvNnllng BoArd
September 5, 1963
To: Mayor and Board of Aldermen
From: City Manager
Pursuant to Council action in accepting the proposal of the Texas
Highway Commission to sell their old highway property at East Scott
and Jacksboro Highway for the sum of $155,000, it is' necessary that we
make arrangements to pay this amount. one half of the total, being
$77,500, became due on August 23.
There are two alternatives for payment. The Council can appro-
priate an amount of $77,500 from current funds and the balance of
$77,500 would then need to he appropriated June 1, 1964, also out of
existing funds. An alternative method for financing woul�j he the
issuance of warrants to be paid over a ten year period. In this
manner the total Cost Could be spread over a ten year period and
would not requirt, this substaliti,,11 ()ut_lay at the present time. This
is the mothod being used to finance the new fire sub-stations and the
Weeks Park Club House.
CITY OF WICHITA FALLS
INTER-OFFICE MEMORANDUM
TO: Jack Davis , City Manager DATE: September 9, 1963
FROM:H. P . Hodge, Jr. , City Attorney
SUBJECT: Petition for election to amend City Charter
COMMENT:
On Friday, September 6, 1963, certain petitions were filed with the City
Clerk requesting that the Board of Aldermen enact a change of Section 10
of the Charter or to call an initiative election to effectuate a change
of Section 10 of the Charter concerning the number and election of the
members of the Board of 41dermen.
Changes and amendments to the City Charter are governed by the provisions
of 4rticle 1170 of the Revised Civil Statutes of Texas. This article
contains the following language, "When the governing body desires to
submit amendments to any existing Charter, said body mqy on its own
motion, in the absence of a petition, and shall, upon the petition of
at lease ten per cent of the qualified voters of said city, submit any
proposed amendment or amendments to such Charter. . . each such proposed
amendment, if epprove by a majority of the qualifie,_' voters voting at
said election, shall become a part of the Charter of said City. "
un81Estapd jhaDtthf,ylar,t1gg?,imatel&l8 256 qualified voters in
c
1he y 0 W chi a a s; h e ore un r this statute , the Board
of Aldermen shall submit the proposed' amendment to the Charter upon
the petition of 1,826 qualified voters .
This procedure is different from tl,-.- initiative provided in Sections
39 through 45 of the Charter. The 'initiative gives the voters the power
to propose ordinances and resolutions , and to adopt the same at the
polls . However, thisinitiative does not purport to provide for an
amendment to the Chartei . The initiative petition to be sufficient must
be signed by voters equal in number to at least ten per cent of those
who voted at the last preceding regular municipal election, and in no
case by less than two hundred (200) voters .
As the Charter of the City is of greater dignity than City Ordinances
and Resolutions , it is certainly reasonable that a greater number of
petitioners would be required to seek an amendment of it then are re-
quired to seek the passage of an ordinance or resolution.
Therefore, it is my opinion that a petition seeking an amendment to
the City Charter must be signed by at least ten per cent of the qua-
lified voters of the City before the Board of Aldermen is required to
submit such amendment to the voters .
H.- 0 ge , r
e" r