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<br />WHEREAS, as a result of said determination, the City Clerk of the City of Paris, Paris,
<br />Texas, has certified to the City Council of the City of Paris, Paris, Texas, that the petition
<br />referenced herein contains the number of qualified voters required by Section 141.034; and,
<br />
<br />WHEREAS, Section 141.034 of the Texas Local Government Code authorizes the
<br />governing body to 1) adopt the proposed minimum salary stated in the petition; 2) offer an
<br />alternative minimum salary proposal pursuant to the state statute; or 3) call an election on the
<br />proposed minimum salary as provided by state law; and,
<br />
<br />WHEREAS, the City Council desires to appoint a City Council subcommittee, in
<br />conjunction with City staff members, as the designated subcommittee to participate in negotiations
<br />with the committee of petitioners designated in the aforesaid petition, subject to certain parameters
<br />and limitations stated herein, with any action negotiated between the petitioners and the City
<br />Council subcommittee to be subject to final approval by of the City Council; and,
<br />
<br />WHEREAS, following the review of the petition presented by the aforesaid petitioners,
<br />and having sought the advise and direction of the Secretary of State of the State of Texas,
<br />Elections Divisions, the City Attorney has determined that pursuant to Section 141.034, as
<br />interpreted in those cases styled Arenas v Board of Commissioners of the City of McAllen, 841
<br />SW 2d 947 (Tex. Civ. App. - Corpus Christi, 1992); In Re Bailey, 975 SW 2d 430 (Tex. Civ.
<br />App. - Waco, 1998); and In Re Link, 45 SW 3d 149 (Tex. Civ. App. - Tyler, 2000), the ballot
<br />proposition as presented in the aforesaid petition is defective in that it calls for an election on the
<br />minimum salary for classifications of certain firefighters which do not exist within the current
<br />classification system for the City of Paris; and,
<br />
<br />WHEREAS, the City of Paris is a Civil Service City pursuant to Chapter 143 of the Texas
<br />Local Government Code and as such is obligated to pay the same minimum base pay for all civil
<br />service employees in the same pay classifications; and,
<br />
<br />WHEREAS, Section 141.034 provides for an election on minimum salary for existing pay
<br />classifications, and not for the creation of new classifications; and,
<br />
<br />WHEREAS, the City Council of the City of Paris, Paris, Texas, desires to conduct a
<br />lawful election on the aforesaid minimum salary propositions, and is concerned that inclusion of
<br />classifications not existing in the current system and not authorized by Section 141.034 of the
<br />Texas Local Government Code will affect the lawfulness of the aforesaid election; and,
<br />
<br />WHEREAS, the City Council, by separate resolution, has authorized the City Attorney
<br />to retain legal counsel if necessary to seek a judicial clarification, by declaratory judgment,
<br />injunctive relief, or other necessary and appropriate means, to assure that any election held
<br />pursuant to Section 141.034 addresses only those pay classifications as otherwise authorized by
<br />State law, and not those pay classifications as are not authorized by previous act of the City of
<br />Paris; and,
<br />
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