06 Council Minutes April 28, 2008

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Regular City Council Meeting Apri128, 2008 Page 3 10. RESOLUTION NO. 2008-034: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING THE EXECUTION OF AN EASEMENT ABANDONMENT OF A 15' BY 100' UTILITY EASEMENT LOCATED ON LOT 3, OF THE OAK CREEK BUSINESS PARK NO. 1 TO THOMAS J. WHITTEN, OWNER OF THE ADJACENT PROPERTY; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. 11. RESOLUTION NO. 2008-035: A RESOLUTION OF THE CITY COLTNCIL OF THE CITY OF PARIS, TEXAS, APPROVING THE EXECUTION OF AN APPLICATION FOR A TEXAS PARKS & WILDLIFE RECREATIONAL TRAILS GRANT FOR EXTENDING THE TRAIL DE PARIS.29 MILES FROM ITS WEST END AT 12T" STREET S.E. TO 8T" STREET S.E.; AUTHORIZING THE EXPENDITURE OF FUNDS; ACCEPTING SAID GRANT AWARD UPON NOTICE THEREOF; AUTHORIZING THE EXECUTION OF ANY AND ALL DOCUMENTS NECESSARY FOR ACCEPTANCE AND IMPLEMENTATION OF SAID GRANT UPON NOTICE THEREOF; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Regular Agenda 12. Public Hearing, consider and deliberate on an Initiative Petition proposing an Ordinance adopting a new section to the existing Code of Ordinances of the City of Paris, Texas relating to establishment of a limit on taxes for qualifying individuals pursuant to Article 8, Section 1-b(h) of the Texas Constitution and Section 11.261 of the Texas Tax Code. Mayor Freelen asked City Clerk Janice Ellis to read the proposed ordinance. Ms. Ellis read the proposed ordinance in its entirety as set out in Exhibit "A" attached hereto and incorporated herein by reference. Mayor Freelen asked City Attorney Kent McIlyar to brief the Council on this subject. Mr. McIlyar stated the tax freeze petition was submitted to the City Clerk on March 18, 2008, and that the petition was certified to City Council on April 14, 2008, as being sufficient in accordance with the City Charter. Pursuant to the requirements in the Charter, he advised Council they had sixty days to consider and take action on the proposed ordinance. Mr. McIlyar explained their options as being to either accept the petition ordinance as presented; rej ect the ordinance as presented by the petitioners and allow it to go to a vote in November 2008; or adopt their own ordinance in accordance with state law. Mr. McIlyar added that if Council did not adopt the petition ordinance as written, the issue would go forward to the November 2008 election. Mr. McIlyar told Council that in his opinion that the tax freeze ordinance as submitted did not comply with state law. He stated that the ordinance that was submitted included only three clauses and omitted significant portions of Section 11.261 of the Texas Tax Code. Mr. McIlyar expressed concern about information that was omitted as outlined in state law. In addition, he stated portions of the proposed ordinance conflicted with state law. Mr. McIlyar said the most significant conflict