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Ord 16-2009 2/17/2009 ORDINANCE NO. 16-2009 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING ORDINANCE 10-2009, AUTHORIZING A GENERAL-SPECIAL MUNICIPAL ELECTION, IN LIEU OF THE PREVIOUSLY-CALLED GENERAL MUNICIPAL ELECTION, BE HELD ON MAY 9, 2009, IN ORDER THAT PROPOSED AMENDMENTS TO THE CITY CHARTER MAY BE SUBMITTED TO THE VOTERS DURING SAID ELECTION; FURTHER, SETTING FORTH THE PROPOSED AMENDMENTS AND PRESCRIBING THE FORM OF THE PROPOSITIONS; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. WHEREAS, on February 3, 2009, the City Council approved Ordinance 10-2009, which, among other items, called for a General Municipal Election to be held on May 9, 2009, for the purpose of electing a Councilor at Large, Councilor District 1, and Councilor District 2; and, WHEREAS, the City Council desires to amend said ordinance to call for a General-Special Municipal Election (in lieu of the previously-called General Municipal Election) so that certain proposed amendments to the City Charter may be submitted to the voters during said election; and, WHEREAS, by this ordinance, the City Council also sets forth the proposed Charter amendments, and prescribes the form of the propositions. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1. Ordinance No. 10-2009 is hereby amended to provide that a General-Special Municipal Election, in lieu of the previously-called General Municipal Election, be held on May 9, 2009, in order that proposed amendments to the City Charter may be submitted to the voters during said election. This amendment to Ordinance No. 10-2009 shall not affect the validity of the remaining portions of said ordinance, which shall remain in full force and effect. SECTION 2. The hereinafter-described proposed amendments to the City Charter of the City of Wichita Falls shall be submitted to the voters during the General- Special Municipal Election to be held on May 9, 2009. 0 Measure No. 1. That Section 21 of the City Charter shall be amended to read as follows: "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 befinreen them shall be made in their presence by lot under the direction of the City Clerk." Measure No. 2. That Sections 36, 61 and 130 of the City Charter be amended so that such sections shall read as follows: "Section 36. The City Clerk. The city manager shall choose a city clerk who shall be clerk of the city council. The city clerk shall perform the duties imposed upon him by this Charter and such other duties not inconsistent therewith, as may be imposed by the city council. "Sec. 61. Department Directors and Officers. A city attorney shall be appointed by the city council, without definite term, and may be removed at the pleasure of such council. He shall appoint, and may remove, such assistants and subordinates as the city council may authorize him to employ. All other directors and heads of departments and officers shall be appointed by the city manager on the basis of executive and administrative ability, and education, training and experience in the work which they are to administer. All such officers shall be immediately responsible to the city manager, and may be removed by him at any time. In the case of the removal, if the officer so demands, a written statement shall be made by the city manager of the reasons therefore [therefor], and the officer shall be given a public hearing by the city manager before the order of removal is made final. The statement of the city manager and the written reply of the officer thereto shall be filed as a public record in the office of the city clerk. All other employees of the city, unless otherwise provided herein, shall be appointed by, or under the direction and supervision of the city manager, who shall have authority to discharge any such employee with or without cause at any time." "Sec. 130. Municipal Court. A city recorder [municipal judge] and a clerk of the municipal court shall be appointed by the city council to serve a term of two (2) years, and until their successors are appointed and have qualified, but subject to removal by the city council at any time. The city clerk may be appointed clerk of the municipal court and he may be authorized by the city manager to serve in that capacity either in person or by deputy. The recorder and the clerk of the municipal court shall receive such compensation as may be fixed by ordinance. The recorder shall be the judge of the municipal court, which shall have the jurisdiction and shall be conducted in the manner prescribed and authorized by law. All costs and fines imposed by the municipal court, or by any other court in cases appealed from judgments of the municipal court, shall be paid into the city treasury for the use and benefit of the city." SECTION 3. The proposed measures to amend the Charter of the City of Wichita Falls as proposed in Section 2 of this ordinance 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 propositions. The number of the propositions shall correspond to the number of the measures, and the words "yes" and "no" shall be printed to the left of each 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); to provide for runoff elections between the top finro candidates if no candidate receives a majority of all votes cast; further, to provide for breaking tie votes by lot? Proposition No. 2. Shall Sections 36, 61, and 130 of the City Charter be amended to provide that the City Manager (rather than the City Council) chooses the City Clerk; to remove all references to the City Clerk being appointed by the City Council; and to provide that the City Manager (rather than the City Council) appoint the City Clerk as the clerk of the municipal court, to serve in that capacity either in person or by deputy? SECTION 4. 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 17� day of February, 2009. � AYOR ATTEST: � City Clerk