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0887
<br />MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL
<br />APRIL 7, 1997
<br />The City Council of the City of Paris met in special session, Monday, April 7, 1997, 12:00 noon, at
<br />Paris Junior College Student Union Building, Room 219. Mayor Eric S. Clifford called the meeting
<br />to order with the following Council Members present: Charles Fulbright, Alan R. Boyd, Richard
<br />Hunt, Charlie Neeley, Millie McDonald, and Thetis L. Elder. City Manager, Michael E. Malone, City
<br />Attorney, T. K. Haynes, and City Clerk, Mattie Cunningham were also present.
<br />City Manager Malone announced that the first item on the agenda was personal appearance of Mr.
<br />Mack Ross, 3475 Reno Drive, concerning purchase of raw water, treatment of wastewater, and the
<br />purchase of treated effluent from the City of Paris Wastewater Plant.
<br />Mr. Ross came forward telling the Council that why he was here today was to try to clear up some
<br />confusion, not only for people like him, but people like him who in the future who might live in Paris,
<br />in the county, out of county, or out of state who might come in and try to develop new businesses
<br />and jobs for the county. Mr. Ross said for over two years he has worked with the Department Heads
<br />of the City of Paris, and they are very nice to work with. Then, they all became confused along with
<br />the City Manager and the City Attorney, then he became confused about the policy of the ordinance
<br />in regard to the three items that he requested to speak about. Mr. Ross said he feels like there needs
<br />to be a clearer meaning as to what the City can do and can not do, and who is in charge of it. Mr.
<br />Ross said that the Ordinance No. 3431 was found, along with ordinances that he was under the
<br />impression that he did not have to do anything in writing, or have anything signed. Even Ordinance
<br />No. 3431 states - water and sewer rates for customers outside the city limits shall be fixed by
<br />individual contracts between the City. Mr. Ross wanted to know if the City means the City Council,
<br />or the City Manager, and/or both?
<br />City Attorney Haynes explained that the City is the City of Paris. It's location is Paris, Texas. It is
<br />a municipal corporation. It has a charter which must be followed. It has a legislative branch which
<br />is composed of the City Council, and as a legislative branch, the City Council passes legislation called
<br />ordinances. The City Manager is the head of the executive branch and is charged with the
<br />responsibility of enforcing the ordinances. The City Manager as the Chief Executive of the City of
<br />Paris directs the employees of the City in whatever manner he sees fit, meaning that he may turn over
<br />certain item to certain people, and in his delegation of authority, it can be any of those people that
<br />is listed in the Charter as the departments of the City. The City Council also has the authority in
<br />addition to being the legislative branch, they have the authority to set the policy of the City in certain
<br />areas. The City Council can not instruct the City Attorney as to what to do, he is bound by his ethics.
<br />They can not instruct the Court because the Court is bound by it's ethics. They can not instruct the
<br />City Manager regarding personnel matters, because that is within his authority to deal with personnel
<br />matters. They can set the overall policy, they can adopt ordinances, pass resolutions, establish
<br />procedures for people outside the City. City Attorney Haynes said the State of Texas gives certain
<br />authorities to Home Rule Cities, which the City of Paris is a Home Rule City. The City Engineer is
<br />a staff person, and is also a director of a department, and there are certain thing that only the City
<br />Engineer can do. There are certain thing that only the City Clerk can do, and those are established
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