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2006-11-27-Mins-Charter Committee
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2006-11-27-Mins-Charter Committee
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8/21/2012 2:50:41 PM
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12/8/2006 10:50:36 AM
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CITY CLERK
Doc Name
2006
Doc Type
Minutes
CITY CLERK - Date
11/27/2006
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d. Clean up only. Cities are required by Sec. 41.001, Local Government <br />Code, to prepare and maintain a map showing the boundaries of the City. <br />"Q" 2. a. Section 6, entitled "Extension of city limits upon petition" is not consistent <br />with state law regarding annexations by petition. <br />b. The charter provision provides that owners of land adjoining Paris may <br />petition to be annexed and that the council may do accomplish the annexation <br />by ordinance not sooner than 20 days after the petition is presented. No <br />provision is made for notice, hearing, or other actions that are required by <br />state statute (Ch. 43, Local Government Code).. <br />c. Re-draft the section to be consistent with state law. <br />d. Failure to change the section will not prevent the City from complying <br />with state law, but may create confusion among citizens or landowners who <br />desire to petition for annexation.. <br />"Q" 3. a. Section 7, entitled "Extension of city limits by the city council" is <br />inconsistent with state law. <br />b. The charter provision provides that the Council may annex adjacent <br />territory, without consent of the landowners, by ordinance, after publishing <br />notice and allowing opportunity for contest. However, it does not contain <br />reference to requirements the legislature has imposed on Home Rule Cities in <br />Chapter 43, Local Government Code, such as annexation plans, minimum <br />width of annexations, maximum amount that may be annexed each year, a <br />hearing in the area to be annexed in the event of protest, and other procedural <br />and substantive actions. <br />c. Re-draft the section to state that unilateral annexation shall be <br />accomplished in the manner provided by state law. <br />d. Failure to change the section may make it more difficult for the City to <br />comply with both Charter requirements and Chapter 43 requirements, and <br />may provide opponents to future unilateral annexations with additional legal <br />arguments with which to challenge annexations in court. <br />"C" 4.* a. Sections 14 and 15, entitled "Hospital: Operation." And "Hospital: <br />Finances." are no longer relevant. <br />b. Making provision for a City hospital in the Charter is no longer necessary. <br />c. Delete both sections. <br />d. Deletion would clean up the Charter by eliminating irrelevant provisions. <br />"C" 5.* a. Section 16 provides that City elections will be held on the first Saturday in <br />May of each year. <br />b. State law requires that elections be held on uniform election dates, that in <br />May being the second Saturday in May, <br />c. Replace first Saturday in May with "the uniform election date established <br />by law occurring in or about May of each year" or words to that effect. <br />d. The change would make the charter consistent with state law. <br />2 <br />
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