Min 10/09/1950 882
Wichita Falls, Texas
Memorial Auditorium Bldg.
October 9, 1950
The Board of Aldermen of the City of Wichita Falls, Texas, met in regular
session on the above date at 8:00 o'clock P. M. in the Council Room in the Memorial
Auditorium Building, with the following members present:
Harold Jones Mayor
L. R. Abbott
Lloyd C. Thomas
Roy W. Parish Aldermen
J. R. Ray
R. J. Brown
J. B. Hickerson City Clerk
Frank Wood City Manager
J. Walter Friberg City Attorney
Mayor Harold Jones announced that the Public Hearing, called September
25th, 1950, on the proposed bus franchise, was open.
Ben Conant, Fairview Addition, presented a petition,bearing approximately
25 names, requesting better bus service.
Mr. Carter, Hillcrest Addition, also protested the slow service where
transfers were necessary.
When no one else came forward to be heard, the following motion was had:
Moved by Alderman R. J. Brown that the Public Hearing be closed.
Motion seconded by Alderman Parish and carried.
Moved by Alderman Parish that the request of the Lions Club for free use
of the Municipal Auditorium the night of December 14th, 1950, and the afternoon
of December 25, 1950, be granted. This is in connection with their program for
underprivileged- children.
Motion seconded by Alderman R. J. Brown and carried.
Moved by Alderman Parish that the request of the Senior-Junior Forum,
for free use of the Municipal Auditorium November 8th and 9th, 1950.. to present a
play in order to help finance their program in connection with the North Side Girls
Club, be granted.
Motion seconded by Alderman Ray and carried.
Moved by Alderman R. J. Brown that the request of Bob Hancock for a
taxicab driver's permit be deferred to the next regular meeting night of the
Council.
Motion seconded by Alderman Thomas and carried.
Moved by Alderman R. J. Brown that the City Attorney, J. Walter Friberg,
be authorized to file suit to clear title to the Madison Street right-of-way.
Motion seconded by Alderman Parish and carried.
883
RESOLUTION NO. 89
DIRECTING THE GIVING OF NOTICE OF INTENTION ,!
TO PASS AN ORDINANCE SUBMITTING CHARTER
AMENDMENTS.
i
BE IT RESJLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS, TEXAS:
1. That a notice in substantially the following form be
published in the "Wichita Falls Record News", a newspaper of general
circulation published in the City of Wichita Falls:
"NOTICE OF INTENTION TO PASS AN ORDINANCE
SUBMITTING AMENDMENTS TO THE CITY CHARTER
OF THE CITY OF WICHITA FALLS, TEXAS.
Notice is hereby given that on the 2nd day of
November, 1950, at 5 o'clock, P.M., the Board of Aldermen of the City
of Wichita Falls, Texas, intends to pass an ordinance submitting to the
qualified voters of the City of Wichita Falls the following amendments to
the Charter of said City:
AMENDMENT NO. 1
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 3a, as follows;
'Section 3a. As an alternative method of enlarg-
ing and extending the corporate limits the Board of
Aldermen shall have the power by ordinance to provide
for the alternation 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 pro-
posed 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 there-
after be as fixed in such ordinance and when any such
additional territory has been so annexed same shall be
a part of the City of Wichita Falls and the property
situated 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 Sectioh 37 of the existing Charter of the City
of Wichita Falls be amended so as to read hereafter as follows:
'Section 37. Each proposed ordinance or resolution
shall be introduced in written or printed form and except
ordinances or resolutions making appropriations shall not
contaid more than one subject which shall be clearly ex-
pressed in the title. The vote upon the passage of all
ordinances and resolutions shall be taken by 'Yeast and
'Naysf and entered upon the minutes of the Board of
Aldermen and every such ordinance or resolution shall re-
quire for passage the affirmative vote of a majority of
all members of the Board. No Alderman shall be excused
from voting except on matters involving the consideration
of his own official conduct, or where his financial in-
terests 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
ordinances passed during the previous year shall be com-
piled by the City Clerk and printed in such form as may
be directed by the Board of Aldermen.1
884
AMENDMENT 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 Aldermen or submitted
by such Board to a vote of the electors, such power being
known as the referendum; provided, however, that such
right of referendum shall not apply to ordinances or resolu-
tions passed by the Board of Aldermen authorizing the issu-
ance of bonds theretofore voted by the resident qualified
property taxpaying voters of the City. Measures submitted
to the Board of Aldermen by initiative petition and passed
by the 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 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 there-
tofore 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 such urgency and need be-
ing 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 amending 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 with an
initiative petition shall be regarded 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;
'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
municipal 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; provided 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.'
• AMENDMENT N0. 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 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.'
f
885
AMENDMENT NO. 7
Shall Section 62 of the existing Charter of the City
of Wichita Falls be amended so as to read hereafter as follows:
'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.'
i
AMENDMENT 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 Manager shall prepare and submit to the Board of
Aldermen a budget of the expenditures and revenues of all
City departments, divisions and offices for the next en-
suing 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 6f assessed valuation of
property situated 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 600 for the purpose
of paying the general governmental operating
expenses of the City and for general improve-
ments 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,
irithin said City;
(c) At a rate not exceeding 300 for the purpose
of laying out, opening, constructing, re-
pairing and improving roads, bridges and
streets within the limits of said city;
(d) At a rate not exceeding 200 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 outstand-
ing 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 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 exempt from taxation by the Constitution and laws of
the State of Texas.'
i
886
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;
'Section 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 Aldermen, provided that 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 pur-
pose. Such election shall be ordered by the Board of
Aldermen and notice thereof shall be given 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 conducted
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 outstanding 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 refu#ded. '
All such bonds shall be issued in the manner provided
by the general laws of Texas applicable to cities and towns.'
AMENDMENT 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 pro-
vide by ordinance :Weans for enforcing the collection of such
tax. No personal tax or poll tax shall ever be levied. '
AMENDMENT 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 106, Acts
of the First Called Session of the Fortieth Legislature to-
gether with all amendments thereto is hereby incorporated
in and made a part of this Charter. '
This notice is given in accordance with Article 1171,
Revised Civil Statutes of Texas, and in accordance with a resolution
adopted by the Board of Aldermen of the City of Wichita Falls, Texas.
DATED this 9th day of October, 1950.
Harold Jones
Attest; Mayor
J. B. Hickerson
City Clerk
2. Said notice shall be published for ten days, the
first publication to be not less than twenty (20) days prior to the date set
for the passage of the ordinance submitting the amendments.
3. The Board of Aldermen shall convene on the date set
in the foregoing notice, for the purpose therein mentioned.
887
Moved by Alderman Parish that the above and foregoing Resolution
No. 89 by &6pted and approved as read.
Motion seconded by Alderman R. J. Brown and carried by the
following vote:
Yeas: Aldermen Abbott, Thomas, parish, Ray, R. J. Brown and
Mayor Harold Jones.
Nays: None.
Moved by Alderman R. J. Brown that the City Manager, Frank Wood, and
such other personnel as he deems advisable, be authorized to attend the annual j
convention of the League of Texas Municipalities, to be held in San Antonio j
October 22nd to 25th, with their expenses paid by the City.
Motion seconded by Alderman Parish and carried.
The Minutes of the regular meeting held Sept. 25, 1950, and the
called meeting of October 2, 1950, were read and approved as read.
Moved by Alderman Abbott that the meeting be adjourned.
Motion seconded by Alderman Ray and carried.
The Board of Aldermen then adjourned,
READ AND APPROVED this they day of -L A.D. 1950.
C;)X�
Mayor
ATTEST:
e
City Clerk
� RE�QLUTION�NO s ,
NOT=GE,; A,INTENTION TQ press AFFIDAVIT OF PUBLICATION
ATE y0$ : N,C,E gVSMI�'T�NC# J
S TO; HE GITY. CHAR-
T> :; xr; CITY of„`WICHITA-'
FAL�,S
fiatJee toey iven that;on the THE STATE OF TEXAS
Znd day Og Navem� 1950,at 5 o'clock,
p.: xx ,tlxe;'Board,o Aldermen or the COUNTY OF WICHITA
City of i its haIls, ;Texas, intends
to tpass an'ordinan submitting to:the
qualified=troters of e City of Wichita
Falls the folIpwIng;`mondments to the
Charter'of safd�Gity: - ,•
Amendment No:Z 21St October 19 ---5Q
Shelf .the existing charter or the On thisday of........... . . .... ..... .. ..... ............ ...
.City,of,;Wichita Falls -be°'amended so
as to:add,,thereto-:a new.section to
be lcnawn;as Section 3a,-as follows:
Section 3a.'As an'aIternative method
of::enlarging and.extending the cor- personally appeared before me the undersigned thority,
porate limits the Board of Aldermen , ogne au r
shall have,the power by ordinance to
provide afor, the alternation and ex-
teasI, -pf aid boundary 'limits'and' 1 dOn the aanesatfon of 'additional territory +'e Gr i f f i n
lying adjacent to the cite; with or .......................... ........................................... ......... .. ........ ------............ ..------ bookkeeper for the
without'the consent of the terrftoryj
and the inhabitants annexed. Upon the;
fret;'Boar -6f any such ordinance beIn j Times Publishing Company of Wichita Falls, publishers of the Wichita
the Board o1 Aldermen, It shall be'
published,one time In a newspaper of
general,circulation published in 'the 1
City of Wichita"Falls, Texas. The Pro-, Falls Record News, a newspaper published at Wichita Falls in Wichita
Posed ordinance"-shall not thereafter;
be-finally-acted .upon until' at least
seven days have elapsed following such
publication; and upon the final pas- County, Texas, and upon being duly sworn by me, on oath states that the
sage.of.any<"such,:ordinance -the-boun-'
dart' limits':o1 the City,shall'there-
site, be as -additional terra-��fixed• such ordinance
and,
when aay •such attached advertisement is a true and correct copy of advertising published
tory has ;been so;annexed same shall
ed
i vaed b the Cityiandtthe therein
nhabitants
be a part of the City of Wichita Falls �1
bear ttsyppr4 .rats part of the taxes I Ten 11,0
thereof, if any,,shall be entitled to all
t... )..................... ... .. ............. .issues thereof on the following dates:
the`rights and'privileges of all of'the
citizens and shall be found by the
sets,. ordinances and resolutions of
the city' Ci G�E� 11Amendment No. z _ .... l4s l j�.1 ., 1-5.s-1 .j �i 7 1. i 1.� u� 2Q-.......... 19�!....S.Q
terShall Section 37 of the existing Char-
the City of Wichita Falls be -
amended so as to read hereafter as
follows:
'Section 37. .Each proposed ordi-
nance -nance or resolution shall be introduced -
l in written or printed form and except Bookkeeper for Tim blishing Company/
ordinances 'or resolutions making ;ap-
;propriatfons-:shall 'not-contain more of Wichita Falls
than one subject which shall be clearly',
expressed,in the title. The vote upon'
the passage`of all ordinances and reso
lution5 shall- be taken by 'Yeas' and', Subscribed and sworn to befor me this day and year first above
Nays' and entered upon the minutes.
of the Board Hof Aldermen and every' written.
such ordinance or resolution shall re-
quire
ve
Board No SA.ldermen shall be excused ...............
from-N cons exceptkon omat matters involve <icv.-1 ------
of a majority of all members of the
g i e at on i his own of-
ficial-conduct,
.sl or where his financial'
interests are olved. Every ordinance
prescribing &'penalty for the'violation 11111-LIAM F. ArCAMI: . N—_7 7Y FUSLIC
thereof shall..upon passage be pub lid AND FOR �l :"i":a CG: ti;Y, a'MIC
fished at.least one time .in the of-'
ficial newspaper of-the City.-..As soon
as practical :after the close of each,
fiscal years 411,,ordinances passed'dur
tng the previous year-shall°be compiled
by the°::City Clerk,and in such!
form as may.be directed by the Board'
of Aldermen'
Amendment No. 3
be amended�so`ashto rea ere&cer 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
Aldermen Or submitted by such Board
to a vote of_the elueoTsSet(^"tl e ys
ene db Ut1oa th°tTZloven�votedtr,jeTyX
$arde�oq t �ualk-odsli e-or 13aeoobit.,. P0, es b9
nsTOj
esiVoters the' $0asand Fpassed b
'paying iti ea ive nouitichahnOt easiTto b e
by $oafd ailoTnz anpetltto Tt1ze sam ,
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S�anoertaStAmen 4lno t chta, Falls
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