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Ord 22-2009 3/9/2009 . ORDINANCE NO. 22-2009 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING ORDINANCE 16-2009, IN ORDER THAT PROPOSITION NO. 1 BE REWORDED; AND IN ORDER THAT AN ADDITIONAL PROPOSED AMENDMENT TO THE CITY CHARTER BE SUBMITTED TO THE VOTERS DURING SAID ELECTION; FURTHER, SETTING FORTH THE ADDITIONAL PROPOSED AMENDMENT AND PRESCRIBING THE FORM OF THE PROPOSITION; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. WHEREAS, on February 17, 2009, the City Council approved Ordinance 16-2009, which, called for a General Special Municipal Election to be held May 9, 2009, in order that proposed amendments to the City Charter be submitted to the voters during said election; and, WHEREAS, the Council desires to amend Ordinance 16-2009 to include within Proposition 1 the deletion of Section 21a of the City Charter, which section would be made moot should Proposition 1 be approved by the voters; and, . WHEREAS, by this ordinance, the City Council also sets forth the proposed Charter amendment, and prescribes the form of the proposition. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1. Ordinance No. 16-2009 is hereby amended to provide that Measure No. 1, a proposed amendment to the City Charter to be submitted to the voters during the General-Special Municipal Election to be held on May 9, 2009, shall read as hereinafter set out. This amendment to Ordinance No. 16-2009 shall not affect the validity of the remaining portions of said ordinance not in conflict herewith, which shall remain in full force and effect. Measure No. 1. That Section 21 of the City Charter shall be amended to read as follows, and that Section 21 a be deleted in its entirety: "Sec. 21. Election by Plurality. A candidate at an election for a place on the council or for mayor who shall receive the highest vote for the office for which he is a candidate shall be declared elected to such office. If by reason of their having received the same number of votes, it cannot be determined which of the two or more candidates have been elected, a decision between them shall be made in their presence by lot under the direction of the City Clerk. , • . , ,� SECTION 2. The proposed measure to amend the Charter of the City of Wichita Falls shall be submitted to the qualified voters at this General-Special Election on May 9, 2009, on the ballot and in the form of the following proposition. The number of the proposition shall correspond to the number of the measure, and the words "yes" and "no" shall be printed to the left of the proposition on the ballot. Proposition No. 1. Shall Section 21 of the City Charter be amended to provide for elections by plurality (rather than majority); further, to provide for breaking tie votes by lot under the direction of the City Clerk; shall Section 21 a of the City Charter (outlining the procedure for breaking tie votes during a runoff election for a place on the council or for mayor) be deleted? SECTION 3. It is hereby officially found and determined that the meeting at which this ordinance was passed was open to the public as required by law. PASSED AND APPROVED this the 9 day of March, 2009. MAYOR ATTEST: �_ �_ �ty Clerk