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30 - Report from the 2021 Charter Review CommissionItem No. 30 Memorandum TO: Mayor, Mayor Pro Tem & City Council FROM: Grayson Path, City Manager Stephanie Harris, City Attorney Janice Ellis, City Clerk SUBJECT: Charter Review Commission DATE: December 13, 2021 BACKGROUND: On August 9, 2021, the City Council approved Ordinance 2021-024 to charge the Charter Review Commission (CRC) with the task of reviewing the City of Paris Charter and making recommendations for amendments, if any. The CRC was appointed by the City Council and consisted of the following individuals: - Alix Putnam (Chairperson) - Mickey Allen - Sybil Bills (Alternate) - Brenda Cherry - Matthew Coyle - Connie Dodd - Lydia Fitzgerald - Reeves Hayter - Jessica Holtman - David House - Linda Kapp - Stacey Ladell - Chad Lindsey - James Mitchell - Taisley Scroggins - Kenneth Webb The CRC held six (6) meetings, one every other week, beginning on Monday, September 20, 2021, and concluding on Monday, November 29, 2021. The meetings were professional, organized, and the members did an outstanding job respecting one another, debating the issues, listening to opposing views, asking questions, bringing up topics, and ultimately coming to a decision. Chairperson Alix Putnam did an excellent job leading each meeting by encouraging debate and participation, staying on top of topics for discussion, recognizing opposing opinions within the group, and working closely with Mr. Edmonds and City Staff to walk through procedural matters. Overall, we believe the process was a success. The City contracted with. Mr. Don Edmonds as a qualified consultant to guide the CRC and City through the review process. Mr. Edmonds performed an excellent job in this task. He was very thorough, timely and thoughtful as we worked through many various topics. He kept our efforts focused and on task, providing a systematic process for reviewing the Charter in a timely manner. He produced a tremendous amount of material in a short period of time. We would also like to recognize and thank Tim DeGhelder, Library Director, and the Library Staff for their hosting of the CRC meetings. The venue they prepared was very conducive to the needs of the CRC. All CRC meetings were open to the public. The Paris News attended at least two of these meetings. STATUS OF ISSUE: After six (6) meetings, the CRC has completed their tasks as assigned in Ord. 2021-024 and has produced the attached Final Report for the City Council to review. It is the City Council's duty to now review their recommendations and decide which of these recommendations will in fact go forward for inclusion in the May 2022 general election ballot. Only the electorate of the City of Paris can amend the Charter, but the City Council determines which amendments will be considered. The City Council can either accept all or none of their recommendations, they can change their recommendations, and/or they can add additional amendments to the ballot. Due to statutory requirements for placing items on the May 2022 ballot, the City Council will need to make a decision no later than the January 24, 2022 city council meeting. It is higlily recommended though that a decision take] lace by January 10.2022 to � e us enoug1i time to ,)ra aare the ballot lang agewwwith legal counsel. The proposed ballot language must be written in final form, translated into Spanish, and mailed to all registered voters, so time is needed for this effort as well. Chairperson Alix Putnam will be providing the City Council with a brief presentation on behalf of the CRC. Grayson Path will follow Ms. Putnam's presentation and discuss some of the contents of this memo to assist with City Council discussion. Don Edmonds, Stephanie Harris and Janice Ellis are present tonight to answer questions. Please see the Final Report for extended details, but the following is pulling from the explanatory notes in the Final Report with some added notes from the City Manager as needed. To emphasize what is stated on p.3 of the Final Report, language in RED is to be deleted, language in .;. is to be added, and language in BLACK is original that does not change. 1. Article I a. No recommended edits. 2. Article II a. No recommended edits. 3. Article III a. Mayor At -Large i. Voted by electorate at -large. ii. 8' member of City Council. iii. Non-voting except in case of tie. iv. Language to account for situations where current City Council Members choose to run for Mayor, or vice -versa. v. It is important to note that the City of Paris is subject to a 1976 Federal Court Order that addressed racial inequality in the City of Paris' election process. This specific order is still in effect and is unique to Paris; consequently City Staff sought outside legal counsel (Monte Akers and Tad Dunn at the Messer law firm) for a second opinion as to whether the city would have to get court approval in order to change the current process. This has taken some time, and we did not receive an opinion until November 30ffi, after the CRC had completed its work. Therefore, the CRC was advised of the work we had to do to determine what is allowed, but encouraged them to make their proposal to the City Council. Outside counsel has opined, and Stephanie concurs, that given the express language of the order, the city cannot change the method for selecting the mayor without first seeking approval from the U.S. District Court, Eastern District of Texas. Staff will be prepared to discuss the ramifications of this issue at the December 13, 2021 meeting. b. Attendance requirement c. Cleanup language to reflect 1) current duties of City Manager and 2) current retirement program (TMRS). 4. Article IV a. Cleanup language to reflect current duties of City Manager. 5. Article V a. Cleanup language to reflect current budget practices as well as remove outdated language. 6. Article VI a. Working with Bond Legal Counsel, a complete re -write to reflect more modern practices and streamline those practices to address long term indebtedness laws in the State of Texas. 7. Article VII a. Cleanup language to reflect current practices and/or remove outdated language for 1) duties of the Finance Director and 2) surety coverage for employees. b. Provide for the option of securing local loans for longer than one year. This was an issue in the FY20/21 Budget when purchasing numerous pieces of equipment. 8. Article VIII a. Removal of outdated language regarding the City itself assessing and collecting taxes — that is performed by LCAD. 9. Article IX a. No recommended edits. 10. Article X a. Edits to clarify what is not appropriate for initiative and/or referendum. There are certain functions of government that must remain the authority of the City Council as the elected representatives of the people. 11. Article XI a. Complete re -write to reflect more modern and streamline language inspired by state law concerning our power to grant franchises within the City of Paris. The law has changed greatly on this topic, so it was not reasonable to try and edit the language as it was; thus a complete replacement is recommended. 12. Article XII a. Update language regarding salary garnishment to reflect state law. b. Provide for a cleanup provision — once the Charter edits are voted on by the electorate, depending on what is and is not approved, it will be necessary to come in afterwards and renumber. We must also address gender -specific language throughout the entire Charter, not just the sections covered in the Final Report. That is not feasible as ballot amendments for each section. It is now the duty of the City Council to review and discuss the proposed edits and determine which will move forward for inclusion in the May 2022 Ballot. It is recommended that the City Council discuss these edits tonight, but perhaps take the next month until the January 10, 2022 City Council meeting to then make a decision. It is however once again recommended that you make your final decision on January 10th so that we can have needed time to prepare for the May 2022 election. BUDGET: N/A OPTIONS: 1. Review, discuss, and ask questions about the CRC's proposed amendments to the City of Paris Charter and either tonight or January 10, 2022, make decisions for the May 2022 election including approving amendments as is, potentially deleting proposed amendments or adding new amendments, if any. RECOMMENDATION: 1. Make final decisions by January 10, 2022. CITY OF PARIS, TEXAS A REPORT from the rCOMMISSION to the CITY COUNCIL 9 xel mill ;:il ill ii. INTRODUCTION; The City of Paris is one of approximately 350 incorporated cities in Texas recognized as a "home rule city" by virtue of having adopted a city charter in accordance with state law. The current charter was originally adopted by local voters on November 2, 1948. Based on recommendations of a citizen Charter Review Commission (CRC), the original document was extensively revised by an election in 2007. Then, two additional amendments were approved by the voters on May 14, 2011. The first one created the current provision for term limits on Council members. The second one provided that the city could enter into a multi-year contract with a CPA firm to conduct its annual audit. Then, in 2015, another CRC was created. It only met twice, however, and no amendments were recommended to the city council as a result. As it stands, the charter consists of twelve articles denoted by Roman numerals. Within those articles there are 151 consecutively numbered sections. In the years since the charter was last amended, the city has grown and changed in significant ways, and various issues have arisen within the document. These issues often fall into one of three categories, as follows: 1. Some of the provisions have been offset or materially affected by state or federal legislation or by court decisions. 2. Some of the provisions are, for one reason or another, not being observed as a result of decisions by the city council and/or city administration. 3. Some of its provisions simply need to be clarified, abbreviated, or modified to enhance future implementation and operations. With this in mind, on August 9, 2021, the city council adopted an ordinance creating a new CRC, to be composed of fifteen members, to be assisted by a qualified consultant, and to be charged with the responsibility of studying the current charter and recommending to the city council consideration of appropriate additional amendments. Such recommendations, if approved by the city council, would then be submitted to Paris voters in May, 2022. Subsequently, the city council appointed the following citizens to serve on the CRC: Alix Putnam, (Chair) Mickey Allen Brenda Cherry Chad Lindsey Connie Dodd Jessica Holtman Reeves Hayter David House Stacy Ladell James Mitchell Taisley Scroggin Kenneth Webb Matthew Coyle Lydia Fitzgerald Linda Kapp Sybil Bills (Alternate) The CRC held its organizational meeting on September 20, 2021, at which time the CRC (a) elected Reeves Hayter as Vice Chairperson; and (b) was introduced to Don R. iq Edmonds, of Tyler, Texas, who had previously been engaged by the city council to serve as the consultant to the CRC. At its second meeting, on October 4, 2021, the CRC proceeded with its review of the charter, assisted by its consultant and with ongoing support from City Manager Grayson Path, City Clerk Janice Ellis, City Attorney Stephanie Harris, and Director of Finance Gene Anderson. The commission has now completed its work. It has studied the current charter in detail; has considered a broad range of policy questions created by the various issues outlined above; and has developed the following recommendations for amending the city's home rule charter. CURRENT CHARTER ORGANIZATION AND mm N,UMBERING,AS RELATED TO PROPOSED AMENDMENTS: The Paris city charter currently includes twelve major articles, identified by Roman numerals. Each article is then divided into sections, identified by 151 consecutive Arabic numbers. After its initial assessment of the charter, however, the CRC found that only a limited number of the sections required amendatory action at this time. This report, therefore, only addresses those articles and sections of the charter that are proposed to be amended. Every section in which an amendment(s) is recommended is recited in its entirety. Current language that is proposed to be deleted is [i „ Proposed amendatory language is ir)) greeir;, if'alif,';iz ad am,,l in bold' h' ,i rne,,e.,�ro PROPOSED AMENDMENTS AND EXPLANTORY NOTES: ARTICLE I. INCORPORATION, FORM OF GOVERNMENT; TERRITORY No perceived variances or issues. ARTICLE II. CORPORATION AND GENERAL POWERS No perceived variances or issues. *40111,1116111 Sec. 16. Number, selection, term. The city council shall be composed of ai�)mt,,f seven councilmen who shall be elected in the following manner: k3 Regular municipal elections in and for the City of Paris shall be held on the uniform election date established by state law in twV M May of each year e rnajmr shall be elected at large in orMd rit year,,,,,;,,, In even-numbered years, council members from Districts One (1), Two (2), Three (3) and Six (6) shall be elected. In odd- numbered years, council members from Districts Four (4), Five (5) and Seven (7) shall be elected. Ott,,l ,rr f,Ifwrr, Cllr v, A��ll council members shall be bona fide residents of the districts in which they seek election, shall possess the qualifications prescribed by this Charter and by V.T.C.A. Election Code, Chapter 141, as amended, and shall be elected by a majority vote of the qualified voters residing in their respective districts. err rruarnr;�,ror°w br�l....cj, r 1�a �ec;l) .�,w,.,�;a�ii�u- {1'�Jyu m ��%�� l� 1 �6- V� .law, ,,s rrl�r,g �1ra.r1l��haJ�x��,ro�er�„� �IU w ��or�ftr� �h�4o�1"ae�l��`��!��V�z�ll�ll � u��xi shaft e o 9rr,ri m Hr,,rffw r sail be elected �,!pe ��1 rmavote „te o e' a,1I1 the fh,,e city w,,; Irl MNx,Ie,, At the first regular meeting of the council, or special meeting if the same is necessary, after which votes are canvassed for each annual election held in or about May, including any runoff election that is necessary, the newly comprised city council shall elect from among its members jg,,Ergy a mayor pro tem,pg� in) of'Wa g�,ittho shall serve at the pleasure of the council. The mayor pro tem shall act as mayor during the absence or disability of the mayor. In the absence or disability of both, the council shall designate a member as its temporary presiding officer. The members of the city council, tf)* r°raayc: r; shall serve not more than three consecutive two-year terms, after which two years must pass before they are again eligible to serve on the council. Any unexpired term to which a member is appointed shall not be counted toward such consecutive terms rraoi) prior serWk,,,,,e as Members shall serve until their successors have been elected and qualified The rr� �arkr;��r°rrr° shall' not inore than three corPps`ecti'five two-yeair, ef!erl"rl"rm mkift'erh tete)hdch yeat�t,r r'rrrrr, t pass 1Pretbr rr h,9u'r" orr ghi"m is again ruv�rallrgi11rbkni fo ,,,;er"arts ordV the council'as rrrr�rS��6Croro 1��r/r�°rrr ,r, erteliuce, on the r ify r(,,; rrerric 11 r, hall riot 1rle the ( (),n,,,maudve tet,r"°r's'Vs. 71"i'm rnayor sha,ill serve 11rl71,`11 1?ills l,jer m ic� ceo,r;sor1" hlas be� ir; e/e�P,,:,,t dl ar°Nld r1P9! rai",w�',111�ri41'"1°�„ Sec. 17. Qualifications. Each ofthe [a r° f'the cotincil shall beat least eighteen years of age or older, a citizen of the United States of America, a resident of the State of Texas for twelve months as of the deadline for filing for office, and other ttrrrin the rr;aleor, a bona fide resident of the district in which he seeks election for twelve months as of the deadline for filing for office; and shall not have been convicted of a felony, been adjudged to be mentally incompetent by a court, or be disqualified by reason of any provision of any other section of this Charter or of Chapter 141 of the Texas Election Code. 111,1,e r,,, ,, ,,� r �,� ai, - ' e it «� ,, l , �u �i sN , , ��,,,,. , aj �,.,a: r �� u rrra,„r�ru .�la�drll� l�r�, � �,xrr�rrar ��Ur�'m�.� ii r.n,�141,�� lru�rrrr,i�l�ulrlrr y�rard r�r,ru�r�°rua�r�� r�r�u�r�C��a mal �"��rr� lr�ri�laym �1�wrr �rrurr.rl�r�� ri i rrrrldr„ ar� of` fhrrr drmr,' Jl�dP1j`e /",1 h)r,g F/,, rrfflPce. A member of the council shall immediately forfeit his office if the member ceases to possess any of the qualifications specified in this section or in any other section of the Charter or while in office, tri yrNrrre consecutive e� rrexoorr,sd 1,.y �Fdre rrrrl� rl, 0 is convicted of a felony, is placed on felony probation or placed on deferred adjudication for a felony, or is otherwise subject to any type of court supervision following disposition or resolution of a felony charge. For the purposes of this section, a bona fide residence shall be defined as a place in which the councilman actually resides, prima facie evidence of which may include a utility account in the name of the councilman, or his spouse, parent or child with whom he actually resides. Shrwmmuld ,rmr srrtthig merm°wber, of tim City, ah,"i�noRum e hds c:,)ur tp�et,,, omr>icliP��`iicy ftn the 0MM ' of lmnat ora, ark should the rahfingrrmii ryo " a aaNmrn,,rmj,,n4koe his or her �,o��Mrr��'r��a,�r";md�� fi,,w, city coula cit';, mrvrr`dh^& hnno„ ncerr"91er' ,,t w',rhall act as an ai,iMomwt tic ro., aak+hy1N"Irat/iori,,' of or hdi;'r current seal,, An, of aMdY nPh hulaiiP y, shall mei,,,v; a @,,vnitfen or oral aro hxrli"'r cnvit fi Mdc1p a ri,,, uruP"lnable person may that the Irrf"�+�r��N� P�`Mr„ICa"drp1 NrrdeRr'y dl; to r urii, fft)" the Sec. 19. Presiding officer; mayor. The mayor shall preside at meetings of the council and shall be recognized as head of the city government for all ceremonial purposes and by the governor for purposes of martial law, but shall ave no regular ar a mmistrativeuties. The mayor [§!]gu�wwi,,,moa,gi m fle 01Nµ j r l qp2� i all a nafteicouµ wll�” ei,ed by -t i m mCpLiliii��!Jl, IlbU Ile] shall have no veto power and ,dialrm�V be, erditled arm mrF2`'e orlr urrr „ rr'Cld m"rP;°" bn 9°r' 111g l�rl',;Jrg,.# Yr ,wi(,,n"r; r' "r? in cases oftie votes,, The council shall elect a mayor pro tem who shall act as mayor during the absence or disability of the mayor and, if a vacancy should occur shall become mayor until the next regular election. In iilme mmvent the mayor,preii, tem is ae,�;Iln a's n,,P, a" PCR ; rr � olar�`�P k��rrl�M'�� ' �� o �P/E ''m r' w`r"a dYa�� ra' �'�` or vaPYrvrlinr°n.yl t'r1eorsrhie have thGk"" righ,, to on all r,,imtier's d,,,,cv�°� rr j ther:,ol PtmiIdr, Explanatory Note: The amendatory language in the three foregoing sections is necessary to implement the recommendation that the mayor of Paris be elected by the voters at large. The current approach is a long-standing result of a federal court order stemming from the 1965 Voting Rights Act. There are approximately 350 home rule cities in Texas. According to the latest survey, 94% of mayors in council-manager cities are elected at large. The other 6% are elected by their colleagues on the city council, as in the Paris case. It is thought that election at large will generally enhance the mayor's leadership and powers of persuasion and will also promote greater voter turnout in local elections. Sec. 21. Powers. (2) Establish Jp1gtd administrative departments 1.1! !Igi i de the work, of dhifii!&qDgis]. Explanatory Note: It is thought that creating departments is a valid responsibility of policy makers but distributing work within those departments is an administrative matter clearly under the jurisdiction of the city manager. 9 Sec. 38. Disabled employees, pensions and insurance. The city council shall have authority to provide for rules and regulations for maintaining employees when injured and disabled while performing their duties, or it may provide for such plan of insurance as it deems proper. The city council shall have authority to establish a pension and retirement system for any or all groups of:°��:�m�c:° a°°m employees in the service of the city. , Vii.y sucl'L2t!2;iigil a uuieirie ii immiui _ hafl I staUlshed )uu p�uuuilw ��: °iL mi ��u� L u�� muil a m�� officer's a i� �u° 1 �� Vm��uuum lie �. _ w.Me _.............� ..__ gium iF i mi dull z lii r t[e _egiL : Jo_m u � Il i�,� Wwi w w ,,. 11' the firm wof establishiiient,.%,,hicli!i��1,;ha1I be bc°vne lenti: rely. by h oily] The cost of the system shall be determined actuarially on the basis of such mortality and service tables as tj & !0 fl l glllll � i pu �mmm yg] a P tl� °d��o �a �` °m�� unc ie >> iP�� i� � aw. The provisions of the ordinance establishing such a pension and retirement system shall require periodic actuarial evaluations, which shall serve as the basis of any changes in the rates of contributions, and shall also provide for the maintenance at all times of adequate reserves to meet all �....e,. �u : � l m � p�hg a J11e firne w� tatfli��liirie st�� L accrueliabilities.�.m�w�w�� c,�„.,... �.. r' mlllll i. ll° uum i i iw� � Mum i i 1 �uu mp g ..lufwbecwna...rnerriuber of the � p�l uim �.�..... slaUish �.i.and 'to sl,mre its bene i Officers au""d ww � � ��: S] People iliiMilm lllmill � r i lullm m@ empk:,)t(,,;W.�,��r a ft .firr��,� basis ��4qp� the ��umiti (L�µ�l�� lil hgd uu� . he c�as ifled mi ,iii„ii . shall be required to join the system as a condition of employment. The city council shall have authority, on behalf of the City of Paris and its [ 1 gni l employees, to join or participate in any district or statewide pension and retirement system which has been established by the Legislature of the State of Texas. i i u i Andup._ j.. l limo E n a fii,emme , _� � uim u i i ibUs �� Linde llm � i w� ry u� agg!!Q�Llb �gu �ii.... ll alV � lso maty e iarovis,o );', ftswWadirwuw 111 flus ifion ....: 1 creation I a aftmer m 9� uwlii p � q l� �iw��i �� i 111 Www li �'u��uu u� I III �� aro � � m� lll'Mi mise aw ._ _..........._ w ..w wmo . w Veer ��mum ... Utie� and � m��io s 1pm�� wi� oimcfl by u iui w ice....: o � � .i..�.. gil �... ill ale"'I �� i ��o � ��q u� �o��b t ich� 'ininistrali ..� hwi� IiL... i m M�wll� ��1 w Ir i Il s I igivre clia� mmi i w the ll� i ...Ililil iu �wmwlll . i? � p u �i W Ruud � USt lm u � r Leu n..m.If ner,,essary_kLft.,malu:lem yince of afinanc;iali soil iu a u iL�lui ... uu iwui uw:i i� i� .a..Luricli ofthe e...i sp”�uu iJiuii � _ . .. —� .. f its t li ii�luln ei mince to be orae! Explanatory Note: The current language is strangely provisional and largely outdated. The amendatory language is simpler and reflects current operations as to this important matter. ARTICLE IV. THE CITY MANAGER Section 43. Departmental divisions. The work of each administrative department may be distributed among such divisions thereof as may be determined by [g§1gt!ishe u' ,,,i dinance Ilgp:x,� the ..i"ecrnn m.mmmdE: liw n fl the city manager raf,i hum iu i �: i mm:.. u a uu�lhi iiic i w or m riu 11 nat"ice (is mi iwi 1, n he alp a� �p:trne� n"l . � � 1!u�l��' !M§!:.�n ai'� c u u u lll.... f t1� u:iana a �1�ii u � sei ul elm.. :u:l�u. li l l�,lliii i°: , r o the city manager may establish temporary divisions. Explanatory Note: This provision has not been routinely complied with in recent times, and is not considered to be necessary to efficient administration. ARTICLE V. THE BUDGET Sec. 48. Budget a public record. The budget and all supporting schedules shall be filed with the city clerk when submitted to the council and shall be a public record for inspection by anyone. shd1 ca m fjeto i! mWnw"Je;)r.µ6,SI'mu� I)LItOl"I I CJI.Jf...fiu"�I��rested.i�. iii a ..i Explanatory Note: This is an impractical provision that is not being routinely observed. Sec. 49. Notice of public hearing on budget. n 11 le � u'"u� c l aiew r��ll� aii��mllih til due l pl S � d�� )l i!"nwifte'd �lliej �7rf a council shall fix the time and place of a public hearing on the budget and shall cause to be published a notice of the hearing setting forth the time and place thereof at least five days before the date of hearing. Explanatory Note: This is a specific requirement that is not being routinely observed. Sec. 50. Public hearing on budget. At the time and place set forth in the notice required by Section 49, i�.!°°, gt!]!y. Ali rie a�i°i [g!gglp wNch SUchp:„l lllic 11pauuiuu § ti rie to tini'ie...1 e (k y rnl.lj the council shall hold a public hearing on the budget submitted and all interested persons shall be given an opportunity to be heard for or against any item or the amount of any item therein contained. Explanatory Note: This is considered to be an unnecessary provision. Sec. 52. Proceedings on adoption of budget. After such further hearing, the council may insert the additional item or items, and make the increase or increases, to the amount in each case indicated by the published notice, or to a lesser amount, but where it shall increase the total proposed expenditures, it shall also provide for an increase in the total anticipated revenue to at least equal such total proposed expenditures anf,,Vrr thie ��s e (,,)fr ° e,n� pe h inds as, ne�,.,,esU ary, Explanatory Note: This is practical clarification. Sec. 55. Effective date of budget; certification; copies made available. Upon final adoption, the budget shall be in effect for the fiscal year. A copy of the budget, as finally adopted, shall be filed with the city clerk. L PIillf: qk w[w ri uar,�w t::w b: �I wm iiwf u� ww 111 : �m will �u i=I:u ...I a ° l� u,I j The final budget shall be printed, L�L gq] and a reasonable number of copies shall be made available for the use of all offices, departments and agencies and for the use of interested persons and civic organizations. Explanatory Note: Distribution of the city's budget to the county clerk and state comptroller is no longer required or appreciated by these two agencies. The provision is, therefore, outdated. Sec. 59. Estimated expenditures shall not exceed estimated resources. The total estimated expenditures of the general fund and debt service fund shall not exceed the total estimated resources of each fund (prospective income plus cash on hand). The classification of revenue and expenditure accounts shall conform as nearly as local conditions will permit to the uniform classification as promulgated byw 1 �wtitt�il (()mryluttbo gi,ij%mindfmm:l wlwiimfii n glw some ot!ie.41.:� a nationally accepted classification Explanatory Note: The association specified no longer exists and the provision needs to be generalized. ARTICLE VI. ISSUANCE AND SALE OF BONDS Sec. duel . l �olloer' fi) bo:mm OIN. l e °, � g .� I I��ff��, o��,�III,� Ill iI� �e f : � �^, �p f� l fel �o�. �:� � �� IIII�� Mo iilo�w��"°� ��m ..Iti�J! �,wlll � ,� �: �� lull II �f IFIL � �w y IILy.�....�..+q� �.....,.. I�.IIL.y.� ....._may iMW� „ym'"""iMu aw ne t i VIq�4J i �,!� A Ni ,.+�'''�W' ! W �e� M."" _.�:„�„r,, for 'b I 1, 114��M J�mI� wJI�� m.l �.@ nk�Yllu""h'"�w� consistent I�nsis ent wit! W ""'.m"'.+ constitution and laws of the State of "exas_ wT1 l...ljy... hal alsowwl��:�l� ... el��ro�l ier to w ( ,)w a12L f. gainsf the u��l�llllro i:bs olf �:: r :: ww: �1 .f :1 ::f:l:l ::1 lm ml:::I II :I „ the..,pby§il al :ol, lmo ....of 1 i itlIpHips dill f�gyMgw: ,(n )l" :1 �� debt. ll :ml II,ve d,-.lic ioleve .. h� lull iiieven iI lii lii(ls be Ili°��i : � � �"� .... � � �� ...' �.....Ur l ,..�..�� iii iii a II � ° ww.�.. .... ... � �"��lll IIS w�ll�� IIIA �II�III �@ III�� '�III"h�".. ..jgwi Irelflo:�'n Sles62. BorW aMinamm arid 6leition . p_L §itmfl auffigijze thgu assuarice of lmilds _,bond qi-dfii,&nce,_p@Ag%L ty A ....... . ... . ..... tj affh�rymfive vote of a in r , of afl mwnbe�rs cr�'Ahe I CO n I- q� fty-1---1111111 --, 1111-1. -- m 11 jbg gL 11fled ycbg �s )11101llat a; i election ca�Ie( [6111t 'i - _ e of at di'mi �z�ng . ..... . . ....... ..'the isst iance s.''A sty mh ��xn�ids. Tl�ie borid oid4 l�iianill�"" s 11 .e! lia ic the.caM . .... ele" c-flon,.a'n-d 11143p,!, p- . .. ... .. ....... . . ....... to be sutmn�ffed. Tf�ie lattei s! mil distincth 1 ....... ........... . . ---mL -1.,.,.,.-o--l-l�,�,�-..��...... .y5 gly, e..g, �:me fqi�, wl,i�l(,,J� th e �)ot,bls wi�p to be isSL�ed.. a; id -whqi�p pp�,�lble 11"ie .............. ........ ----- - -L. --., Pi gj��! f I nentsfbi"whicti tlie bpi�u�j ftmrds zelp to be 2!: 1 meftflk"iess o e p umu nMMJ,, II' �"'ie au aou..... 1.1.1-Ttjilel 'e2t . . . ....- -- le 1- Ite, ("iIf � r�it r S - we t., h!�Jgyy,of taii(essL,uff'icu,ei,�'it,topgyjEftgMaI ai id suii1rirl, ,'f & Thattiv!) t() II am ued SII iafl nnab miie sgjii�iLLy lk�jbfi,'i aw..!,jI in i tgLof Io exceed b1prid ordh iance m id the ;'iiiani iipi', ull cwidii.u��th�g I 1 J'ie 6egfiot i shall 4 1 all resj,2gd�i . ......... ...... .. . ...... - — -------------- - - - (''IN)i Ifu mtol eral Ilaws of tl flis state, Spic. 63. 115SUarice of bonds. ----------- s��l iaH I'myetl iipj?�,nme�'Ao issi ie NXidsju 1 '1 pj,ci %re n ii,ei its at'id afl ��)the, gnai'ieiit T ........ ................ = ............. mtotei s of fl,l d, ari ek,11CU011 SUCI I t)qnds shaH ............ y (.jjj!j,,p!gr sg�,l'brwNqll Ip isstued ai' idsh�sfll di'aw iriteu est zu id be issi jed i ii,u ieisi.,l Hen ns as E,Irc fid Ibest fiderest, gIlIgi-C-ity-�1 Sec. 64.'Id sale.of �aonds. ... . . . ..... . All boi ids iof the u. aftw Atiiwjzed w id iSSLied h i iicoij, da; x,e With 11"Ie j2EqyisIcns s��)fths Cl'mi le; at id tl'',ie lawsw. of this state.L _stigH be advertised and spkj li"ithe . . . . .............. aiostavi�1—t ..an eis�steiwitf,�—a'jgi_k�es foi�,ni mei r ; — - ------- t(rms m A cu'�idltkm is m�xt lii igot isisig it wit breis III el, I Dd!,,-52!2L!L n-a�Lq!I,o21--I.-I.,.---- . . . ... . ........................ . . . iot is of law and oftl iis Chmi"tei". Tl� ie qIt,LggqNfl st�iiafl haw fi,ie i hi ct ap _y,p[ all bids at[mi- oftrs Siec. 6511, Creatiori of sfil�%fing f)i ind and 1rivestments. Ti meoridiinw'ice at ny boi,xis �to be ssued sh�fll_p!�py�de l'br t!"ie prii,!Iatioi i of a . . . ............... ....... .. . . . _I alt a u" 1 0 y the bonds oi�, wai'rants.al irmt !2��q_.pr VIS lhm m!pi i alswu ummatwes uuu miimy ! . ............ ate,„ i t ikh �ic fUnd or pIly muu a'i tm i ivested ln m;cgi"dance Wthtl ci p!]d V'Ie __jy,,'s h iviii! .. .... .... F�)i�.iblic Bwids Investi"i'ient Act. c'u h,,su i.isfunds ��'TI3�ljjj jibe Lised f6r_tI)g C rdjaise of bonds o�r wariants of the.Cfty i -. LL kied, h( oever that the gt a�!j ,ytt, yj 211, .. . ...... . ... ... M--11-1�14. I - —.- 121 iCej,,)g!i jq[,said bs:,)nds qi�, secui ifles sl iall i,iot exceed flim markel value at tiiie ft� ne of ptil ai�id c' ti, '�i e-!' d i n, t e -ii! r'e',-S-,-t""j. Lr ... Q y"ded for in saidboiiiiis or semi�� Mi!m, gind . ......... . ....... . . .... ---,Lil( lm ii lmnm° tI ii al z io such imi'ids oi securities st tafli im �d idi . ..... ..... . . ......... 92�9- b - ingure at a date sdiisp ji� ie-Ifi ,jLje bo,�,,,Ids ��for myff!gj_Qf W! sudi i mil iil fm id was cmed iq6i,ihwh itei est sijllll n shail be devoted jq_ga otl ig',..rj!AELiaIsoevei'' Sec.66. ii)lvet,sion of interest qi�� sfinlikfiii 1141. . ..... ........ L'jy/A,',Yffiqgi,ofthe gjjy,%fi io shali divel 01 Usethe inteiest,or a i,,ik I i I'Llrids ka Y_j !Rp§g Viilich tiie 'fu �g�d is of ealed I eiii iS M !'Y'.A-412orjzed 'to 1,,)e jii Ivested sl tall -id/w, I:ii(:' fial,)Ie and res, onsiUie to Ii i divers�6n w 1)f F�I�ai is ....ii fUll aMQUITt Of SlUdi . . . . . . ................ . ........... Use, witf lawfdi fiitgi est� w id in case Milli Vivi s�gi'i 'IDI u!i:,!Ie is i"nade or 2--- "Z- ---- - ........ . . .... .. ........... . ..................... 1 a d iiii b i i ilm e tf ign (�n�e officq,�, ofthe_qft, _'ihe RE bifit & i ji,,es ins gi,eof stiafl be i . . . . ....... . ......... i it and All' llicfe,,,, lfflf, an,,d Sale of Sec,, 61. Power to 11,?,,,or"vuouvldr,,, "Irl"ve C11,,`Ij,( shal)l have 'Ittie powertc,,�,, bo//,,//� mm�,� tl`�/* of t'fm City ai., o to and off;,er evirYq,,�,n,,ces t,iW sucfpo� ,(/tlm/ NN be i,,xercised tr)� fl�,`rtf,,aume public or I"(,,'war),y othelr(pubOlic pu1r'111,;)*se rzot prohibit�,,,,�,d the aind ti'm iaws ofthe Slate otFTexa,.,,,;, armi (��hm Chy to boncIh,,,,,;,, ar;,d otl,,`,��,elr eta t"h"..,irmes of ofthle Chy issued o//,,,,, All" si,,;chl, and other evklfelr-�wc, s be J'ssued cor�m 'th,, v th* latvrs c�f �,,,he Statei.,,m,,,jits and Irrmy be securt,,.nd 1",iy, or pahl, whole mr par f, ad w),riorem revetmes fr?z,,IP"n, alil,)Ier IaxI11,,,Ag powefr!,',,,,, of ClIt3fr", 1Irv,,..,wenues cfomr,��,'vted by the CJ,�('y filfmrr�),,, aqyl Pr' service charge, incim,111,1`11rq revenue ,;,, fllPilw r)) P��';I'Vic tit"IfIffles, Iri,mreational or, an I � it ,y of 71,er, h irimd/�urg, mr�,,d n'i�,,ajpr b9 ,,�suae,,o ,,,tire by a lirijorfgage oln, Puof'such publit,;, uIJ,',I'i'bies in paymelmff of'stich yuiy to thm rli,09',Phiibftedf,,>y t1lze mr�fmY cd' the, SI)aM,,Ie ofl?) � xas,, Such,, o//r evklfi,,,;�n),,ces may be a charge, aridpayable floonnf,, th)e properfli'es, or hr�j,tellre!,,,si Ihen,,,,,,,,�i,`1n,, plee:,i�rred, o/r, 9"I"7m fhmtr",r,,",o or fp/olh, to thm not p1�rvh0bPIt(,,,�,d the Collrrslitudo,,"�, 0//) of' dze of' 'I " e q:,weeds ofbomis, or ol,,"Itimr ev11N,.,J(, nces of" h,�,;,,,sued or hrmurradf by thw Citly sh,,all be umed I,k,,,)mr f,"llhe p�,,,1j,'r;,wSe Ik"'Yv, thle or, other iawsurrd or Explanatory Note: Upon the advice of the city's bond counsel, the current wordage of Article VI is outdated and needs to be abbreviated and totally replaced, as indicated. 10 :11 ARTICLIII:, VII. FINANCIAL ADMINis rRA"'I"'1111 N Sec. 67. [)firector of Ilii naince; appofintmerst. There shaH be a department of finance, the thead of which shaH 16be the bre for of finance, who sliall bef,pfj?p aIppoiinted bytt'ie cKy manager. g, &ty_gjg!agggra ww derjubt dfi�,ector of firiance, wtii��), niav betlie c1tv assessor am 2 661ector of 55ces I Explanatory Note: A Ipoirtk.)n of this wordage is outdated,, Sec. 69(5). Supervise and Ib responsiblefor [the assess i"ne it of aUj?�pqe!jy,wHt i I goMp!�ate fi,4 ii"flts i�jDime (;ft fqi,lI xaWn 16i�, tl�ie cit y 1]�iake all assessing,its y� q n,i,ie rve suc�l',��i 6",iofice fte oays,and] specj6l assessments c . . . . .. ......................... . ...... . as may be reqWred Iby law�, Exp,lariatory Note: A porion of this Janguage is outdated �nthat ft iignores the 6ong bme ek`stence ofthe I arnar County A1 16:)raisal [Astri ct. Explanatory Ill te: I t-fls is Ipracticethat no longei� exists Sec. 79. Borrowing lin antliclipation of property taxes. In army fiscW year, 41 antic6pafioni of the collection of the(property tax ,for such year, whether �lIevied or to be k:'Wied in such year,the couricH rnay by resoIlution authodze the borl-Daling of money by tt-ie 6ssuance of riegotiaWe notes of the city, each of wtflch shalH be des6gnated "'tax anth cipaflon note for the year 20 (stafing th Ibudget, year). Such notes shall matt,ire and Ibe payablle leu �Lf latg fl gnit le end of the.fiscal . . .......................... _yggLu� i Whl6lii Lhe.origfii 4l notes I,iave t)een uss,i �edj a daft,,,,� to Lte ........... -.1 ...... ... ............ -__ "", Sec. 80. Borrowing in anticipation of other, revenues. In any fiscal year, lien anficilpaflon of the coHection or receipt of other revenues of that bit.idget year, the councfl T -nay Iby resolution authorize th IborroWng of money by the issuance of inegotlable ire to of the city, eacli of which sliall be dens gnated "special revenue note for the year 20—" (sta,fing the budget year). Such notes may be renewed from fime to tirne, but all such notes, together with the reinewals, shall mature and Ibe payable [not latei tliari the ei id of ti'm fisi.-.al �n whiid1 0 od h ia iotes heli I iave . ....... ... .. . . ........... . ....... Issued,j a be Explanatory 1114ote: I113othforego4--ig sections 4-icIlude specific language thought to be too re,,s;tIIGflve and unine(.:,essairy tofinarice administraUon. 11 ffhe directoiwall ggfinh,..i�c 1111� 1) jq,� , iii flies i; ick,Mde ttm. hand iii ol' .... h�trafi ve whose d..... e whose duties in(1t ide 1he I. mmll,iij i1nol 1!na,_ 1!?ga_j_ . . . .......... 929k.-jRL01 Dgj&re eiii mu iftitid fl,wt office qi ei u,r4: e bonid iw te ies gC! N dgU.,fl`IU,J( 1� SUcl''i w'Ioi In asthe ��ptm I mi _p b e e, ernii uri of whicti bo��i��id sha b .... . ...... ''I pgg!�� 911,11 V S9011 §�,!!:My_bond tg) be 1'� ,irthier cot�'idftloned that �the col, . ..... . ffii�E ir cil a ay q!gq grhmi I [I will um mV d �gj 0,11�;, off! ai�ld If ., ppff�rm g''id/oli 1, t jt, �e! dUties of 1, ........... ... ....... .. ..... ....... .. ...... .. l 1iiiyisioi' is ol�!state laW tmaijng,,gp2!1,ii tt"��ie fi inctions of ffls office i.inder %Aftchth(�l -- — -------- ----------- -",- . ......... . ......... . . ............ . . -----.-,.--2� e ect itiori of a A:Lp�ibj X aljrpjj.j�,nqjs re ;,ed it sl iafli beftHther ��,.iaii6tioned to colly"I 7, C//",1 of sl'��,,al,,J` stillre(y coverag�u af! Cit, Cit,y nrrioniej 1 sfr)),r;eids. Lifrrpits will be �t least $250,000eac/�P�, Explanatory Note: The current language is completely out of date and not currently complied with. ARTICLE VIII. TAX ADMINISTRATION Sec. 83. 1,,,gy'j�Noi i oftaxatiot'i, T['ieimH t)e established iIie d ent of firmnce �!�i dhiisiw') oftaxaljorl,,Jo assess - --= ................ ........ al of cIlli cl.,taxes,jile head o"Mibi sIII ia�l be fl)L--Yj f )ssoi ai id c0flectU-, Explanatory Note: This language is outdated and ignores the existence of the Lamar County Appraisal District. ARTICLE IX. NOMINATIONS AND ELECTIONS No perceived variances or issues. Sec. 100. Power of initiative. Qualified voters of the city shall have power to propose any ordinance except an ordinance appropriating money, [21;) authorizing the levy of taxes, zolnf,4,,`ii,"ru,g, cof bon)chs,, ov//r, notes, salar"I�,es,, ln,, ar((�y i�,`nstance vfiilli,,ei�,j a coutif has thwi the ot-(f 1�1#1,))Iance has removi;,,�,4 filrollnr�l i'f;e of' shaff be su1.`,!)j,1"eCt 10 affllf,)Ptiblf,�,, at I'l?w polls, such power being known as the initiative. Any initiative ordinance may be submitted to the council by a petition signed by qualified voters of the city equal in number to at least 25 12 percent of the number of votes cast in the cumulative seven districts in the last contested general election for each district. Sec. 101. Power of referendum. The voters shall have power to approve or reject at the polls any ordinance passed by the council, or submitted by the council to a vote of the voters, such powers being known as the referendum, except in cases of bond ordinances,LandJ ordinances making the annual tax levy, z�'NIOl4IGpl,,,g Putlllity (('a lLe;,'r, personnel „Y'IIIdor, any ny hiistaTr e a cm m,vt of �mdiction ctor has eeie ar�,n�,,i l��that 1'14(e at„1'14(e 'ordlllnance has lG,he>en J'eIIrPrIoved ;rcUoirni) the flll'i,dd Ordinances submitted to the council by initiative petition and passed by the council without change shall be subject to the referendum in the same manner as other ordinances. Within 20 days after the enactment by the council of any ordinance that is subject to a referendum, a petition signed by qualified voters of the city equal in number to at least 25 percent of the number of votes cast in the cumulative seven districts in the last contested general election for each district may be filed with the city clerk requesting that any such ordinance be either repealed or submitted to a vote of the voters. Explanatory Note: In both of the foregoing sections, certain added exemptions are being specified to protect against nuisance efforts of initiative and referendum. ARTICLE XI. FRANCHISES AND PUBLIC UTILITIES 19. Cc'::trol ove ,, nd :� �� q ref rerice t :lf!'�ftf Iil.!f,,,. I lof (,��wnei, It.utt ..tg...lft„coni ii ul and UII.....p,f stl_ltItit l �t� VIIII„ r Ili ��tllryl lllm ...... ...�� i ...� ..w.sad� II)�ll 1��ti u,� uII ��.� ."�wlwlil � I��” 1 � mu � ulll II �1�� ., � I�� iMgl��l ll�� I�� III��l��l�twbll i t� �_�. q'I"'A II!f d b al f ti�w�� is oim� � � VAI �� a awlw ,,body .f ��:...�� e ,tfllf'jggg� .and rio 'andf'' l e ii....e�� e it 11ly �V�ti �i�� ilric h o w Ise IIS a �ulmal r.ig, w wtw §w g, ovet or Lit id IIII V,,ie ,� LJI:.I .... .�llll � iliw tie tafl l' a IIIb:l rileppM� y l g!2g .Ait .x�fu,.l_ u�ed i ...theterms reotand l.,, e oi,,d4i&,,i e w, i.. f[gol g.tie sai i l No wry of mIo1ml, m issf on Its the (;1hL ts, f1 qi m�l,Iil,.l f ��..�l.�.t . ��i � � 1I � !� a ii i � to confer a e,,i d b � II to cul uri i II IIc W11"I a1 w� lltq i tIII iI!t� lad iII -1111 IV..Illt,.. serneiiIllillitt �mm' .. "... l� 11 p lm m t It°f II 11'r�wtilit x!!11. m uu l� helps sha 111 I'myethe I � I wl tfltw .....1 111 � terms gi id eEgqf 't l lu Ott l c� tau° 1 n fllll,f. cu l„1,, � ..Il dill l til w tlf t111ily i f: ".. II Irl l t �� the 1�LItp IIIIf. L!L@ IIIt'f,r.... s defined ul1 ttt � ,p,_[g to llu t Iu�p ll � � ��m�w llilf w�mll�l��l�l", ft��u mul�gluwlt.tf. ._u ', a uµ l m w�u .." u ' NN �'I �' fl , LlfiQl.� .,.. � ..... e, ...! ” .;µ u q µ W , ltd Iilh Iliw l�� wm i �.wl�t ufui tii s �y uirml...�it �ulp!"IIII�rb civei l��l� SIIII fy w III✓II I.� �m �� "II',�4 g' ”"'�N IVfi. .,,.. bl tlN IWC iu✓Nm..!�NY ...wl.�'�III @ a" '�"�,.,, II" w mM' �m�W"�S^p'4M'WW�`e .,.,, I III ....1,�e 4'�Ii II ��IV IV h IIS ,I� �uei usatil°I SI�� I �aI to IllnnlnnII l lulu � M II III I f.l".� II lwlnull��w,t �t IL .. . I VIII III°°� 13 mm� .ft,_gppdategiI__iiseti°mm� Vummw��M�....� ��m� �� iII mw V m �....�m m��!eI��„��limu” iiec ggu lipgrLffmVfme iy, lllIIImumV mmmu muuuuuu„ m. IIIu�lll➢ m Iwo �... V.m W ffllNies uuAuj u milllu muM� Mjn �rig_C muu Orate firnits.. f.. 111 a u'Iu yul � govid ' .�,. that rio fiiiunVmisewshglu faI,'ante u a mud.u..0 m uuu, ,,uuwl Il .lux w uuuul .pu � m w m mm° mn m, 1,,.0iim m ll. Sec., 120. Urnitations. �., exclusive � i,„w., ...�i. .. ,�� i� ��.�i 4III„�r ��II6F y., I��q. '�',"° �^ I �ll�,i. �IIW� rv” ..., ^,,. �.� r� �. VIII°M ,.� .. �,�,��. ii.� � ��.� V mm m u m uu mm u_ ul m V I.V .m .. � u..0 uum uVm p u l"u llll .e m...V gjardu� Ii it wm III mII m ,., Ii IiI m m m mlln , 'tommumlml uiim m',.mmllu� �m�Imm muVmI SunwummIlmV iit to ti m mm..'Vmu muummmwmuume .. ruu !u dull.. IIi sain m� fm no ,h°�Iil�uu�Nii e tiali I SM ��iIIiI �� u.....uu��I� ��VVw�,...�": Vm�II�� m � w� IIS V the . tgrrn mmIIVlm muuwmm mlllmm ...ummuVluuu..HVummum„_um umummumuM�.u...uVum Vm mmllmm Vm II :... mV m m iII.. ..m m Mmmm II II IIw iI n id(3d', � V.m IV mmlum SII nchi e be ilim ww�t� � t�� u��II�ww IIIIw°m.m �u...m�w�..�.mmumummmm assm.,ja,tes,,,aIm a Imm mmw ummIIIs�°�w�u�uu�� V�I� _w......�Y.e�� . _ .... ��...-- .Ii'm w Iim a .u..?l u u Mr V r F�arw i'ich� ...�� II� ��m I m m�u... hum m V ,9.,.��m � u m�u wu ...11�� ll!wm�� of mmVml� I luull Ichi has Vlu� Vmm muulm w �m�u�wu� a Ali � l� � m mV:mwu mil f M lV""mu m��mul �w�mm"�ml Po�m�w�Iuu heM and u m �.��.:.!I ul e wµ a ch l"i a ichi �w m g e! m ��u�V.I.:'mm�m � w.� ., w� V lm�mm .pt_u Vwj =gpjmmm� fpm Ilmm� V,mldi"i ILI u.11.i.....,a firancNill5e ft uiirIl, the ,.�.cjtLugg2g4.u� 2 , I� 'Jigww�wuuw ne of the� �um� �illw� IIIA a l�aaaa�llou � VImuwusu u u l muumm, uuu a ...mug„mulpu...mVVllwmu;nliuu. 11 m V^rmum_.ilwmm°uwm..._.IIimuu d inuwml a �f weu .,ullwt sib i ear tiu ...ttie .u�m uu Vil MVV oII � m�� be Vuilum��9�� .u..il„ummgmIi�Iiu�uu a ii �umuwau V�m...umwuu..."mw.w�.....� a„m...wmu�m uuuu«mlmme...wIIIImulf....�m sae ct „uwm��llu muwlllm�mil°� m umm Vu.uumuu'�III muummumumuuIm(u"um�mwsuuV) 1VmM....uu mmm uwwumliw°m'u, �w m u i usliu, a lL.....si um 1 m � u w II �� Ho Boum uv” �mmlil � � II m w p m til �' ��mu.� um� smmc�hw, uy pg gil fles A� .i i. �r w u m um a ww * uu j: jpjq,uml...;m�lia �m hat no d II ft mbIlluw qti' ii m become vested.�.. Imm Im �u�ILshl" Qlf:2n f bggki- muluwlu mumu !,;*I'ispfidated..:stiafl.�.!;eass uummebytLip, mgu..: m ign uVgmmu:' 011 Elssocipflul wm Il emu m m g�ugLCL!jq Ui mm cull mIII'.ust mwu a �Iumuu III Vm uuu.w.,"m Il umm Vwil wu 111 m 11 .L ,vo vw o� �. .._..__ " _._ ;. �.. w lml�,ummmmu VIIu �mIuru l�"�Iuwu� ��m�mmmwum�Illmmul ml” uVmw m�w�u u � uurwuVm� ..�muuwim uum�mu��I� emu uVum� u�m"mmm m u V ileum �Il m Iiwum� ,. luoi1111 uu... (;i e ted urdeir the mem ilnstitiAmgn umlli m�� .waves w pi''the State o µ, „ w „. ! ° Vlllu�;u�u�pu! m�!m�mu�mmu�Vm�uu"m,"�Ilmm��u it„iim�m lu...muu is ..vuugIlli"ted tiliIg. VVm wu m u u uwis Cir mmulmu"��4,m Inc _Hili a mn siiI �m.0 Ipm:mV��'�mu � ........ipid . V ampi �uiuw (A stlcl'u undi��q u � 'u,m s shall V�ueVmxed fire Vee uIm hillu...�� m~�unari�m ��um �mum�mulll��m mud V �mIIIV u� �mmV� �V°�m�m Maftu� Vme,iiibgeasm�. ,. except ep I . Liug �mm�k,,Ii b i m ,uwm�mem Vwu�uuhm pli .V�uw w� �m um m ,,.[uump arb...'H Ili ie rt.flies...arid u u ull�!Vu emu IIm luupi mlum�� 1 m uVm , m ci:)Ll.III Cii ...fmlmu i mwgu""w e to biit"n u .._w._...-_ Seg V I°lIumm u',mu�u� Iluu.u....! w u mIII is...shafli have u m tiw.. ": mum ”„,. „iIlu 1pumu Iiluu Ha..._um .u. 11t u frw'i Vumsu.....m ill�mVm ..w um"ugdioluem..IIIIum uVmmu� a uu m Iilllriul,. u a ulp ell nm omm 111 mlim mmii elm . mll sha� InIIiligo IIDe .IG m,i IIIIII�u�V uu dfllll00000,it tNrd wmmu fine IL uw�ulum�u asIhaIIi be 1mu ��2�uu��m ig qguII mE waw°w uu�m m�V�` uV��m IiI� C()u Iuuuuiml m �wf_tI:g� . u . „um i im~ Vim � itiicV m slm�wllll., �u �e.. �j m � u �q le s thine a I�III mmmu ...emu �„ w uwwuu uVm :,w.flist..hIllo<uiiurdin muu .. nmuu Vnu � umm u�m Vumllllll m uuwu a u�m I �m ullla yote olid le u g _ .. a . and uwum.�Vuww�uuu'Iu"m��ullluce sou mull mm” V'..:u�uVme effe LIFIN illw w W mft u u.,.Vuu muuuuumw� mV um�uwuk m m u.m. V s q i1rd n uul l mmumm�m 'uuu'mm��. mwOY!d9! ,j:nA m�Ip.,_. umumm Illnu lll�.ml�m IVB Vim.. u mumIIu.IIiI Iu ullu .. �m mVV Iuw m ... take Neu m m m leu.„ u u w sIliiall 1),..uup§pjAOj.. V ..0 I ;.Councii 14 _by r ot less han five I tundred oftim bqna fideg,�gi,fto.,yoter's c1f,thegj�L,,jbp!]the ..... . ....... . ......... pil'Y r::,Oi �um icil sha�'I st,ibumlt Hie guestqi� i of 'icl muse to avote ofti'm . . ............. . 11 . - qggj�,fied votqf ttm.cwt y,,,gf,,E!gEis atthe uext succeedk 6ection,k) be tield fi,�i -- ---- ---- --- pg�y�at noticiethereof shall I be mum 'the offici I ne I Id, is 2ripr to tfm o of saki electioti. Milats LI M ...... shall be t i3;�f-o-ii;--d -c-i-it"i and tl'ie tenps and" ,aij'is'I.MCL 4)_ ........ . . . �II l ie vot() sfiafli be canvassed by IIbg ggiverning _�qgy, i id sIll iould it reSUI't fl� oje_yo,fl�i i thereq�i pastti,'i,� ji,� votes tl�iede_ fl,� �se" theri 11 �Eidgr eiitg mj fi'i tts, tn�buteis,, tt�ie city , g2g"U so declare and said fi,anii-l'iise st'iafl at ong!) take effect, Bi A should a i npjq!jjy of st,uch )ifutes be cast "A unst g!:2nt i a nc Ose as,;ebgdlled 11 wm2qg A_j!jp!2_aqj,!j6i q ei'ylpre'alum its iriinii it e shaH agos, . . . . .. .......... . so de &�id sucti frL%ncI""iI.,!ie shaH iiiwottall e effect . In case! is re, the gndHII Hien tI m) iniatter may_t@L§ig�i nitted 'to 'ti ie..1 ffied vgte��'s ori � Polio 11'."a,s . .................... .. . ......... . . ............ ��pyid! and a JbHty e "to Il nppMj:p�_ Wthli i six inot iths . ........ . . ........ el 11"Ile flflf (, -Ir � UC ha be qg istrued as a tpfusa�!,. T,'iecity gflgH il I ............... Amur onflnan an i a,ft�gndh�se, n', a ,p!py�de tI D�relri that it mm.sl gifl not tall(e effec,t — rL L u�ntk,flie sai rie shafli have 1)()&� i subimfttedto ai nd a y� j!yDI tlljg_q�U led votqm vot! II �ei*6i at a R D2Egl All ex -jerises o,fI, I sIliall be 3(:)rne_,j2y ... . ............ _._g ... ap ...... ,,p,!jmi it fo�i,��, tl,ie fi�gi'�ichjse,,_Aq o sl mH inake a ii�, osO in �:Idvw tee to covei�, fl,�e ....... ....... - - esfin'ialed Cost of pgfflcatk,iri "IIIo t)ie detei iifin(�)d,b Sec. 122 . ..... I et"rim arid cw'iditjcii�is ''I 1l)e 111,J o d a te i nii�� ale oi fixed,ten i r,ic I'i ise shafl evgl� n vthantwq,jjy . . .......... . ...... ....... . ............... E�,yf j ior shall ai�� ,yjjgbtjLj—�e or fn!)�� i(,J� iise i'iow in existence! be extended hgYQLIq ;� --- - 1..:: 11 .- ............. i iod bred f6" its termi� jgg�'i ,-i iridfiigqy, pi�,,Ui,roi a iy, whalsoeve a ;�i "i J'Idln&i,�ice in vio�alior' . . . ....... L . ...... i ot, evia ssion of 1� I iis p)LgMiflg'I st"ball be ........ . . . .... . ...... . . ........ qjami gtqjgjy ��J,d,;,jp,royidedj jh9LqM=1?P[9110 1-11t PLassociaflon of I bs ... .... ... I -j ---- --- --- . ...... 110W ny_ftlw,�iql�iise under any e�, J. lar, i ... tet s or Dridii im ices qf,flie City, gf the corisent of Ili -ct sg'Ungfl Of the §grendg"' SLICII francl ime oli- [Lang lsug,,115..of. the city._L te i'mri i fbr(�; ja��!�(e a i iew ise i'nay g, h a�nchise a.mdeu� st ich CI mi lei� or a new th d e u ill SII mew miwof Such fianct�t�se 116! e ... ........... .. --'----- 'the SLin''enli''I 11!�!ii I'll, of the ftatllicl iise dghj�thei�i I ie!ld. No st,ibsidiar- franse orfii,,��H ichises o,f ........... . . . . - . . ......... maul�mmrmwmumo 2! "LaM!!, Q=d I [i frarichise Iiolder, shall be .pg!lIIg i1irec L0 f0l`SLX� " " .j_1 --- ........ . ...... A fi�l violafio��I Of ttlis m�!y..y2iwdtoII ICmeoxtent ql`flie ex�cess mm jiimewmmrii d tlie Ufe of sLmh mainfr&� iclil flse. Nofii,,al IIIClhise, ggg_or as Miiipumm iA sl ball evw� [�)e ii ised (�nl, opp[gjg�j §ip as 'to extgi id eni i iy ..... . . ................ . .... . _gqjpLftA�,�ghl��e or_p, ijvijem g_ . a-'�Ji,am;I'flse as I iercA 1 1140.1 g tyj;� j1pon surrendei�, Of SLIC�`I 01 kJ111 .... .1---.----- -11,11,111, ---t -2. . . ........ .. olation of tl�fls ion stiafl o Mte� aS a r0f1QftIUre of each w''id afl siii mh No �16dei', t, )f a fnlrichise t'gi,,e'tofdi,,e gi", I�igi,'eafter gjgDjgd__haH have a j1�,±L(g!:Lless such H is.,g)MIed fin r gi ........ . . . ............... p!mmps anij franchise 'to w i, _o h il� _0 1 I�MJOII WRI IIDUt V ie 15 consent of the cit S1.01 tnISE51 .1! . .... . 11 grate as flie g ..... . ..... . . . ....... -- - 7� . frallchise ui�� as a ��i igiN-fr&nchise. ..... . ------ tm 61y.-,g�fl s��"iall have I OvVer, 'to COM,p§j—g!!_j �'r s or_M, fir, n co gratics li is ab 'ra 1C 1� Itiflfies kil fl� iis cit ...whet[l !pt!Ig L �pN�Sfti,�i J, r ......... . Q - fiMichises that., a''na be t'ie�i�'eaft ran tq Y- �ed.,,_ lgnd thr seryl m.,Yu l L -L 2q'-2jgtjf the pe,L iiBd sucl ��ii exte� Sion wfll� ay i illt can be sIIIvwn jo be ��mrmfitl 11�"ie costs tl y e ... .......... VII tatthe r,evenue pst A iufron"i such extgiou�i wfll,,AiqhtA jeasonalllAe 'time after, sgiry ne, . . ..... . .... easori�l�ible retu�,ri prthe a Il� Iowa m fllalMp �'jk2liiatlon. ....... . . e _J2L!Jl ! L !I( fl�grici�uses fin -Al ie Cit of lariafl is s�lh6b, whet 'rie r eX,j.jM,5e_d fi� i the . ..................... . . ordinance i r_i s b ��A to.the i �g)A_ 'illp gR3� (ggglL�,"A th j 2 3 T uil,',, such c)()werto be! 2'� �I'; w Q u w iii ii Qwin Ml est reaslana fUrfaillUre to b 2ii� l�o u��i n[,,,Lly,yyfth tl ie tei ms of t c ,u,id fl"ie rriaintet i� easoriable stzu� idards of se�rv�ce aiiiiiid U fty� P[ ........ .. . . ......................... iti nlu ia,flur ��n sientice oi rates ., ,(LI".Ipi��gu.ill fl'ie forrr�i of accoii t� Is ggg!" .. .............. 1 2L i L_j !Afl]JI, y a 11l ls� its accou� its will gigni'dance Wtl i the u.unifi�)rrn tgi n ..... . . . . ......... pi esaijbeFf the National Associafiu,'i of lRailroad Cotyn nissig i�.........." s, t1l ie Federal 1�)o%tei Comm�!�,5sigl,- Abg ledera �ld Cornnilsiori of Texas tl"ie4 st =eSSOL, Fn- "i -i-, i i e—Ra-flll� o��,� ---- - ---- - . .. . .............. n -b aeerned i5i,,OfN6�ei A con�,infiarice Wthi thiS Dal"2C.11"Al-Al. X reasu16ble re(,it flafloi is and 1,es,lJlcfions as a T u IIoe d nt ld ratesfor �Jlle sgi� v�c(,) 'to e . ,,Ilrl Z) 1 ofixg� jBCMgAq-tl.= b iii indgr tl ��iie fre. at 8) 0 I'BCIU��,"e SUCh ILI, I ti ie it is U1 cgtitVi and not be ami"ited 'to any_pprson or g!lj convenience use w'id ual 17 Sec. 126 0jAt4j!j_j _11 y -be tg�,,m�nat t&i,,,ypgrs aftei� 0 le .. ............. gilloing,qf gj? .,Wigi�mvia� thip city, ��11611 detern�ifii�m to agqj.,!I EIUO�I� I Or mv i �Iirwlse pr ��ly L �Mfty�� gO jri pi conveniently gi, 'tt�"ie _gq@M L gjp im rt],�iqreof will fl�� ljtie ci Hn i�ts. Sec 127. Co��iisent I �,m coi �iiisei it of a��)ii� ittog-An!j, 1��mL s shall not be !nqgired 1''gr� the conStRJCfi0r'Lj�,ggn! jqj S ,ry4ntenance or qratk�)ri of ally ��!pthj� �n Ihis Cl�"iai tip�ar qrj I 11,gn icl iise r, t") ez; lonlialatr, 'to d �ggritied fl ig ei,u Wei sl 0 e !gmt .-My fbr, darrmgl�=I�-Iry to] iisj qj ,2,[pj ly igh of ai flo r qly as i im Sec,,,, 1128. Exterisiorm., 1-1-1-1 . ................ AH exte; isiol is. of g.,�,Ihes w[H� ifig ti iI9!&_!fimjts s��ia�l� beg�m rii��!'t,,Dfjfte,a ........................ ...... ....... ------ jic,,ut,H� :,jm� id s [I a � I be, o' ated as suc['L aiyj sf,41 be sqtjg�jjg,,g�l the - - - - ----- ------ - - ..... ............. g!ggg �js grid resq��, d ve _qgb,l,s contakied in 1]��fls C��m� te�� a�l d a .... .... .. ...... - - ------- - - ------------------ - , � - --.2 ---l-1-1 ... .. ..... tiereafter, i nade, T[ie [[g, �1_,t ._g�ie and giaii Vta4 I al'ly gxtensiori sh,gill term�nate wiff�i: the . ............. ... ... gig Ln_a] g!:gOj an(j shaH be! tei mirtilb �i. vided iri this Chart&i I ri se of at i extens�on --1--.1 . . -.-&-, 5-1 ---- pf! �1::r�Jfity q[ te(j under� a franci ii�,,;e s1,41 biie ...... ............... . tgrmfi'mIAe at the sarnetirne &i(J i mder� the sgi r�e mndffic�)ris as ttie ci�j 11 al g -11111111111-11 ..... . . . . . . ....... --.111111-1 . ............ . ....... . .. ......... Se�c. �"129 Othw condiCoivs. ............. . AN franct iises her�fore "Tted are reco i �ilzed as coi ft� ac'ts bet%feen tl''ie Cit of 1��)m is ... ................ .... ...... ........ . . . ttm cp ifil"actu6iji�ighl g� gpDjafirmd fi,�i w ophises shaH ��i lot . . ....... .... y!&oris ofthis Q �ii:a ex pt.j! �111!2g pf �t!2g gjyj�)f 3a l'isto exeri,Jse the flgj2,pf gninent dorripil I i� i th( a gisitigi-i (�)f a _i ibIHyjj!:Mp!:tyjs ir"i aH s ------ - --------- ---- — - - ----- qft�'ie qit�,L !pjgfbre e �sflr x ''I jim eu i :irpmded . . . ... ..... . ........... . . . . t,yjpj�ef., !Ztes arid sei vit;es of ajp'la, gg,,Md�jcl i sl'41 if iclUdethejj Itto !%,.,j,uu'e . ... ...... �, - __EIL ___ --.1.1.1- ,p t,mte extgi'is�orf o[j�gnL2n� ser,v�ce and tI ie ri�'iafi� dg�'iance of th p ------- . ......... ......... . .. . ........ flxtures at, the hig, efficleng . Eve[y pgtfic ..utHA�Lf[g)''ichise ,,h�g§j,j:qasqi'mbIe staridai'd qf be held.-st ��i lo 61'tt ietei ms arid con6fiui is cot vtafi� led fii�rff�ie ......... .... . ....... . . .... various segfiggs of V fls aijI(;I!j_Mtpfl'ier m i iot si,.ichter,gis &re �Ioned in fia�iicti�ise,, 111111othIM.in V ils Chailt&��.sha�l� op t . ...... . ....... fk J . ...... M-Y'R '-N� 'I greflon, i�)f the qgu�icfli qi,� 'ti ie votei's oll: fl,'ie Cit nc ai id iii (;gignectiorii wifli fra �se�!= IN Sec 130 !'ranchls iii11,em�i,ds. wffl'A) six 1�rloi�vtl�is Um�i� tgi-takes effi!%qt el L 1A U L I � — , C t L ry gm"ier ...... ...... -- . L-- . ...... LjgtjisI,) sha�III fle W111 11ie c s in .,ID g:@iscn,i3e,d 13yog- 1 i�l Hied ce, gq�2ies of all fi,a;,ic.hlss om'ied oidal m oi i indgi M'kh SLICII, LAM11, o iqn� ted in the ..... . . . . ................ .. . . . .. ... —E� . . ......... gly pf f)afls,, 1"i le gty itaii 1,,,,,a r C I. -RU 1"Iflfity ------- . .. . . ......... ------ Sectioin,, 119. Power, tii.,) 171'j),e In�,"ght of control, m,)"avse ofstr(,mts, h,4,"r parks, places,, �of,�,way ar',W all other prt,,�),Per of the cit lit„ y, to be ir�wlielrpab)'a, ✓to ✓tl��),e cli,`tv, No or have the //III`f`a,Id/ (to occg ilov sucf,��, p�),,,��,,bflc propmv'fy, vvi"tAmut thfe expres,,,,; pellrilmr,�Issioimfi, of alp,))jd wrJ,,`,'OTw,',))' agreermll,ertf T,,irith the citjt cor;,cer,/rd/r'�g st'))"Ch/, Om"O"7)mr�wy, A,,,jb11,'1i,`c utilities si'mil onlY be granted f1lim h1,,`�,,,j1,f,)if to the tenns W,"a ,;Y. ,,'e thiv cifj�,r,� Aff gran�,ts, '/,' tw,,-mions or amelri,,&nv��) �,IS 0f'PU,,b11lc W11,1111"y on, urr(der or benvatJ!"ri, such, public pI,,,/?,ces shall'be ffm � i /� � �/ ,?),,ht ofthe city,,, 171,�//e s. hy ay, by ogrri'll,,"nance, sell', 0/f, after its confircrvl wrid use of sucl�,,`,�, ps.��,,bfic prv,,)perties, 11r1U'i accolrd;'�.,.ijmce the plrvvisllbi,Nm ofthis chwrte1r., shail be m,,z ternv,�,), nfmr' nj,,,7�,ay a f11,,,"an(,cI'dse be g�,,alrr(,fed a kr excoess of twen, tjpr Section % ixi,,,tAli sv'k,,PrY,,s, of a pubfi,'c �),,�,,1`11,ifi,,ty wifit'i4iri Ihet,,,,,),,,fty slf�ialibecomfiv a� parto��P'the aggro,",!,gate pll,) oq�mllrfyl), of ft publU,""C shail be (��.,,�perW,'edas such and shi,,all be sitit ect to all resm,,'ved rl,ghts cor;ffb�mnn)rmd chl)arivr m,,"iW' hr(,� state il"'g,hz� alir�vd alra,y shall with the o# li,"ginial to ffIl""'m Util"'ll""t'Y” Exp (Grr„ If r121, f iii cIN�,,isivity " �fv citjv, shall,, not exch,,m1,',`ve to Nolpivbh,"c �.d)111,1iy f5r,anchise may be by fh�* m,"th t//,//,,e appi1rv,:7)v,,,,,d of' th/v cifyll expressed by olrdll�,,i),)ance publ,#,o,, 12 2,, Regulaition of F'11,ranchfises,, ,A 11," g1l) 3�,nts,,) or ofp((,,,Y!bIic a),lith(y be subliect tofflie irlghit of"the chy fcc,,, [us the by at &r��,y tirrm �Ib#! fim)"ture li,,o) begit'if, cor��,,strucdon or, operadon) wiihillr,r fh(,,,,,, thlv�iv pn.,,,,,scribeII' f!)""",�,�Yll,I"If�el?�"",,'�� otherwise to comIll,"Ply vvi`tlr;as offv,,hoe I�`Irea'nchise, such povvfr,,�,(,rlb after, dtie an all,,�Ijd reasorr�f,,able exfellm�)sioll,,,�(, of`plalr�I ma,,,d sei,'vr/��ce (,,,md 1,11w i,,,rpainienance of arid' II,,KftJr'e.,.c,,, M,,, a by to th9 of sw� %ri`ce to fh* p, ,,,101J,,c; ofservice in, serwvwite andlc�l,, each Mm hdrin ofacm(,,,jjr�/Is to be kept o ,,)( alterrT�,WW�'V, the mjsten,�� ofacm,,#,nfs to that llrg),,,,,�,,t))Tuim edbv thm state agencies,,, (,!5 i11,r?ri,,l:Pose stfch reasm,,,,mble m,);W II!,esbril,'Vions as rrmy be d'emv-((,ed or cor�l),ducive weffilir��,,,,� ar,��,,d of H'T(* publl,'i"c; to ffimv��)islrrf, th(le wftho(�,,,# t cost to thoetcd t,�rNa generai With" rg thm Io(,,.,,,),adion, SIv,),.�,,,, lengthl,,, alr?,d ofall t',ecih,,`�'Yes of ;I„ Vi arrild ir��, the 6,,f,VII` to d olli;�v oWf(iro ,ranclirr4�IiIcJ,In,, eiWr11;oval to 11,,eqi,,Y1esf m!,W m,,,,,�rdfft af, ar",�,y °i i'1'" dtmirvg bushr�lvss homrs the accow,�I,,,f-,,, ar,��,d oftlhiiv firmrmhlJ,�see; (00), lrequ,4,,`Ii� c/,�(, coll,,,;,bpen,,safllon and Irelrdal fi,�,,,,,es, as by state I`i:),,1r use, of'public streetz,,;,, and Parol' II(,,;,, pl,,'aces; (9), lirrc,,qu,F/.�, ever" ,old city agah,�,st �// f rz �li ar�,d h IiaM,',`I),,'hIjpf,, 0,`zq)11,,)11,,a;s or dm,�,;,�fages costs ar�),,d expet;,se,,,�,,,,;)1 lkr,�()Ilr to pelr�:;,ons, r*,1,1,mt1,I�;, or, rh,�t�,,vrfages to w,�';ypropert."y! o��',',#t Ofm,"I,'y or act cor of the or any offt,`�-,,; olrficelf� agent's, or corI Prmcdo,'�, with the i5rancM,"sees frr�l,aillti)te§ /,, al),�j,,d Sectioi"i,, 121 F?ecor,e,,,)I,,�,,;. 77m city shal'i cm�,11,pile afri,,d im�r7mir),,tm,,n a publflc iv,, -,,,cord all hralirz,,chise,�grai,,;tedby VP�(,e CRY", allr�,,Y oIv 1',�v,iinchise RC Se,,,cdo,r71,, 12,4j,. Regu� Jrof Rates,, (1) 1r(,i4,e City shiall f;,I)"�ill po,�Jx'o r, if�wtice hi,,,�,wrilng to ;,76aculate lb cl#allr,,,� I; m. a1rPd ed state ai"��,,d taw, 'I 0`7/e City', 111. ,0 a req(�,,,,�,resf firfrilwi�,, a a chwr�,ge rates,, ol�r, A,,P",,r.�),s, shall caH a ineedng fil;r ofsure,,,,17i,, ct;talr,,,��ge (,','3,�) A ofa f#ranch11se',',! to a ptiblic se#��Wce e c s y th" it"y t sh*,ofw, the nlecessiiy si,,,07f, sell,,)'W,��),,,* by cfi;rea�r-, co,,,,,,�vrrPpefen,,( allad evi�fl",�i(�,,,",',"��f'i,,ce: the cost of Us iWvestmerzt 15/,oi in 1he 11','m of expenses and revenues corn,,,��,,,ected with and allrd Y evidenze by ttpe �/(41)) I 4,':lty lirriey selrect, wri,,d ell,),�Irt�,p�,qy iirate aiir�,,d to 1�,,"rTwesti,,gate ar�y cm, changes in( r fes,, char�f,,),, or" 'I pi,,iblic seir,14orice f�!)",f�,,,,,�,ill),rr��,b�,,)�,1,,f",,,,,I;,,,e tilftfle city) Secfi,,'()n 125. R,,,f�,,,,"co1rds ar��W,Account All,,,y (1) 1"Aw cill,"y t;hall /tie all and servh,",', i,,)�, ,r�pellr,,�atin�g wfth�*i the g1ly to f1i1f(,,,,,, a all � fo,,�q).)))O�rf Of the 4S hxrf�,nry' of' 1 said 1,"uilislnvss the, yeai,,,,,, xy�*w much thwrlri,,,,�of lffnr Or kn;�)Irow the cl,,,�,w es w A�,;,,es ll,,f��pin,)��)�f,�,,,,,ff,,,,�)jf"it,,,,�d to the t:,7oubli'o�,;,,, aii�,)fjd any otheil! �,',haf the nfryifvy ocfr en,�) its Said ft,)), L,�)e f 1,e�d fv1v,11,'ith the O.,"(y clWrk� &(("Ict"t hiall, be la 'l /)!),y the city council to determl(fra�e ffw /f rr,,mopllriefy (,,fjj,f thime bil4ll!�Ig char��;��ed, (2), kr�i)y of' a confr�,pw! 1,�y �vv/ho shall a thilrify day period ,y,, ref�I,,,)(,se i��))rf`, to �r%i,),,,,�,pollrf ini,, �)YP�,,e marir��,,elfr, or MY Me any /rv(po# t, knowi'lr�g that the saare �,,Yk,/Y),es about th,e in)atfe,�! /""i lr��),�felrm.(Ii,,oned ttw,��rehr//, shall'i 1,;e lo such, as ;,rwy bc� Lpy thw ciljr by 126,1, Cktri 0,14,nrred Uth, O"es 'I �,`Ie is 111 frr corl'mcjl has ft,//!'0e lr(f,�,?)ht (1)) Set of Corp''requke such senrices to keq,):'�I, accourds of' c/o I shomi the actual cost servke rty, Mcludhig costs of exterrf!sh,,.7)1r�is and hmproveawnUs allr'�,,d sow.),"(r,,,,,e of Wds extended Or, these p��vrposes Cost,, and revenue., of' servlli,`,��,, e,,,;,, f5l,,)#,rr�f�lsfwd fi) other Wes or gvvennnent sgery,,cies be Ila Explanatory Note: Containing approximately 3,000 words, Article XI is unnecessarily extensive and largely overstates the current ability of the city council to regulate rates of utilities, other than those owned by the city. It was not considered feasible to simply amend the current provisions. As result of this finding, there is proposed a complete revision of the Article, running to about 900 words, that will still speak effectively to this important function. ARTICLE XII. GENERAL PROVISIONS Sec. 142. Provisions relating to assignment, execution and garnishment. The property, real and personal, belonging to the city shall not be liable to be sold or appropriated under any writ of execution or cost bill. The funds belonging to the city, in the hands of any person, firm or corporation, shall not be liable to garnishment, attachment, or sequestration; nor shall the city be liable to garnishment on account of any debt it may owe or funds or property it may have on hand or owing to any person. Neither the city nor any of its officers or agents shall be required to answer any such writ of garnishment on any account whatever. The city shall not be obligated to recognize any assignment of wages or funds by its employees, agents or contractors except t by « oft«�1�l! d�V o �"lll or as «rbly ;�faate law, Explanatory Note: As a result of state regulation and court rulings, cities are no longer entirely exempt from having an employee's salary garnished. It is«:ioi:°i SII,::::::« iu: i hs SII°.:«viii'tg: , wi i indivi it,:i i is u,,efer: ed to iiu:::i pi g,« n,4_gj)dgE, it stiall be nized as f i :ii:: i u u . pil... p :i . ip..... Sv9 11 p, °' r 0 � r lr „ ,�, r,,, r„ �, ✓, r�.,"v r r v,,, r r � ,our, rr; ll,a, rl,U rt,,r a � rJq+,,l pr, 1 � r' !> .y (q,iyra� ( �rrP �«!J r// ri/r dNUli rrll (lure rr/r!, ,� n �. li �� :: p, ��,«««,�«�al�r�««J«�� l �plrr�r� �r l�, � 11«la««««"ru,�«�l�fJ ��p °1111«11,/Plllll Ji !'r',➢IIIII, o`/f`IP °rlh',"re,'"r il,"lllc!„ r ,,, r s J r,„ N „ « ,,„ „W,, ," ,,,, iu f 1+'rr (/ ! ,l rJ / // p/4 f„f, 'I Jur, r r, n/, / a / ;(rrf ��l,lrr,,,,,, J�«p„��` «�r,,,�«aluli�,«I r,lf�,«1111 !d„,«,�l fel «�Ir«rr,«IIIi�F,,, ��«i�'llrr��lcl!/ r G,"ly,rr,,, «,�,llp,t r„«��cllllila” «�J per «,cel«� p�««�r,r„llrr�rlill�,,,, pr llr,,, 1>Y,"hit Clr,l' pilJ/rF/orr("«"«I"il 0 pll1%Jl'1},„Ilr!/ilrrJ/'aOIJ!EY (( dIlC«bJllu `(l/!1p� il/1Jpfa lr /o(l,sr«!l„i,�,JGp frlf(p («rr al,fl'lllwmiiYl+IJJIGYrll,elDll�°i ip0''Y/(/"ll +',,t %,,, ” �U, .� o:,;lr r. ,,,,,ul, l:::ar,r ,i,,,,. r,"r�, d:a. r,/ U;,e. ,/„s,:lr/v! r ,Joo r,!/, r” r t-r"'Irr"..«;, ,,,. r++6`. rr r`. �f�„ `fr r�"",Cfk rU y,,r„� ry,r"�.. >�ru,,,� 1,�,� or"IlGlll,lllllllGe✓fl« �J�/� 111/Irllr�ll �f�Ullo/G�ll�llr� ll �,p�.11 �"�/GII� ��„« �1lJ,JDlllll �2U�ilIIGC�I«9,r f�&IrU��lGo�IG!"Ullll�,x ��(n+«rorl�rhlllw/I «r�111E�ap �� «,,irl«I/Jv, 11«rr'u'!Irr,, rrrprlr rrlr ,lr «r Icrlyc Ic;Ji m IG �rrlirlarrr as /rrlpl/zwlillole/«fr r«ppl oplllJr+«Vile, W7► I yp, t � v ! / / 1 " t y �rr�i'J�P o�1J� � vpl�<. r v � .;��v rel v (vr�,,. 11 � � 9/. e;a 1. r... rl��l � P �J f Y IP,r t Wrd t y."�, Yr I1 tl 1'/1;; ��r � ��vr�rrrl�rl0� �Ir��r�� a,�a�� ,��v��1��raG..� ��1i1��ri ��ll� u� �� lo��A�w�� ->�� .��r,,�� Explanatory Note: The current wordage in this section speaks only to the problem in the charter of gender -specific references. The proposed language responds to this problem and further provides an approach to two other specific issues. CONCLUSIONS AND RECOMMENDATIONS The CRC feels that the proposed amendments herein will benefit the City of Paris in its many policy-making and administrative processes in the future. It is, therefore, recommended that the city council, following its review of this report, place these proposed amendments on the ballot for voter consideration at the regular election in May, 2022. It is further recommended that preceding this election, a public information effort be undertaken to fully acquaint the electorate with the reasons for and the benefits of the various amendments proposed. The commission stands ready to assist with this effort upon the city council's request and as appropriate. The review commission wishes to express its sincere appreciation for the exemplary support and assistance of City Manager Grayson Path, City Clerk Janice Ellis, City Attorney Stephanie Harris, and Director of Finance Gene Anderson, as well as a number of others on the city's staff, all of whom contributed importantly to the commission's efforts. It has been an interesting challenge and a distinct honor to serve our community in this way. We look forward to favorable action on this report and its recommendations by the commission and, in turn, by the citizens of Paris. W APPROVED FOR SUBMISSION THIS 29th DAY OF NOVEMBER, 2021. Alix Putnam, Chairperson Taisley Scroggin Reeves Hayter, Vice Chairperson Matthew Coyle Mickey Allen Lydia Fitzgerald Connie Dodd David House Jessica Holtman Linda Capp Stacy Ladell Chad Lindsey James Mitchell Kenneth Webb Brenda Cherry Sybil Bills (Alternate) 24 MINUTES OF REGULAR MEETING CHARTER RE 'I W C MMISSION 326 SOUTH MAIN STREET PARIS TEXAS MONDAY OCTOBER 18 2021 5:30 P.M. Call meeting to order by Chairperson Alix Putnam. Chairperson Alix Putnam called the meeting to order at 5:30 p.m. 2. Roll call and declaration of a quorum. Members present were Alix Putnam, Connie Dodd, Reeves Hayter, James Mitchell, Taisley Scroggins, Matthew Coyle, Lydia Fitzgerald, Chad Lindsey, Kenneth Webb, Stacy Ladell, Brenda Cherry, Mickey Allen, and Linda Kapp Also present were Don Edmonds, Consultant; Grayson Path, City Manager; Stephanie Harris, City Attorney; Gene Anderson, Finance Director; and Skylar Unger, Deputy City Clerk. Members absent were David House, Jessica Holtman, and Sybie Bills. 3. Receive citizen input. (Unless an item is posted on the agenda, the Texas Open Meeting Act prohibits the Commission from responding to any comments.) Chairperson Alix Putnam asked that anyone wishing to speak on an agenda item to please come forward. With no one speaking, Ms. Putnam closed the forum. Mickey Allen arrived at 5:32 and Kenneth Webb arrived at 5:33 4. Consider approval of the minutes of the Commission meeting of October 4, 2021. Chairperson Alix Putnam asked for a Motion to approve the minutes. A Motion to approve the minutes was made by Chad Lindsey and seconded by Lydia Fitzgerald. Motion carried unanimously_ 5. In connection with Sec. 18, consider the Consultant's survey of compensation for city councils in various other area cities. Consultant Don Edmonds stated that this item was postponed at the previous meeting. A Motion to keep Section 18 the way it is written was made by Lydia Fitzgerald, and seconded by Kenneth Webb. Motion passed with 9 ayes and 1 nay. Linda Kapp and Stacy Ladell arrived at 5:39 p.m. 6. Reconsider the previously proposed amendatory language in Sec. 38, concerning disabled employees, pensions and insurance. Mr. Edmonds stated that this item was also previously postponed as the language needed some clearing up. Reeves Hayter made a Motion to approve the proposed language which was seconded by Kenneth Webb. Motion carried unanimously. 7. Consider amendatory language proposed by the Consultant in Articles V, VI, and VII. Consultant Don Edmonds stated it was necessary to describe how things actually operate. He began reviewing Article V, Section 48 and stated that it was necessary in order for operations to flow more efficiently. A Motion to approve the changes to Section 48 was made by Chad Lindsey and seconded by Lydia Fitzgerald. Motion carried unanimously. Mr. Edmonds moved to Section 49 and stated that the proposed language change be made in order to clear up any future confusion. A Motion to approve the new language in Section 49 was made by Kenneth Webb and seconded by Taisley Scroggins. Motion carried unanimously. Mr. Edmonds moved to Section 50 and stated his recommendations for new language. A Motion to approve the proposed language was made by Linda Kapp and seconded by Lydia Fitzgerald. Motion carried unanimously. Next, Mr. Edmonds then moved on to Section 52 and explained this section needed to give the right to provide for the use of reserve funds as necessary. A Motion to approve the proposed change was made by Matthew Coyle and seconded by Kenneth Webb. Motion carried unanimously. Mr. Edmonds continued on to Section 55 and stated how some of the language is out dated. A Motion to approve the proposed changes was made by Linda Kapp and seconded by Stacy Ladell. Motion carried unanimously. Mr. Edmonds then went on to Section 59 and said this was simply a language clean up. A Motion to approve the changes to Section 59 was made by Kenneth Webb and seconded by Lydia Fitzgerald. Motion carried unanimously. Brenda Cherry arrived to the meeting at 5:55 p.m. Mr. Edmonds moved on to Article VI, to which Mr. Reeves Hayter asked, "Article 6 discusses the issuance and sale of bonds and appears to only talk about general obligation bonds, and doesn't mention revenue bonds, certificates of obligation. Are those covered under State Law?" Finance Director, Gene Anderson, stated that The City doesn't really deal with revenue bonds anymore, they are legal, however the interest rate is not as good. Mr. Hayter asked if it is required to hold an election for each bond issuance, to which Mr. Anderson answered for CO's no there is no election required, but with GO's an election may be required. City Manager, Grayson Path said he would do some research regarding Mr. Hayter question and bring it back to the next meeting. Mr. Edmonds moved on to Article VII and explained that the current charter ignores the Lamar County Appraisal District, and the proposed changes removes old language. A Motion to approve the proposed changes was made by Lydia Fitzgerald and seconded by Taisley Scroggins. Motion carried unanimously. 2 Mr. Edmonds went on to Section 69 (5) and stated the language used here is also outdated. A Motion to approve the new language was made by Reeves Hayter and seconded by Linda Kapp. Motion carried unanimously. Mr. Edmonds continued on to Section 69(9) and let Mr. Anderson explain why it needs to be changed. Mr. Anderson said that when the Charter was written in 1948, the city was not nearly as busy. He stated that it is much simpler to let the experts in the departments determine some basic expenses. A Motion to approve the new language was made by Kenneth Webb and seconded by Stacy Ladell. Motion carried unanimously. Mr. Edmonds went on to Sections 79 and 80, stating that the language in these sections is no longer workable or practical. A Motion to approve the new language in Section 79 was made by Kenneth Webb and seconded by Stacy Ladell. Motion carried unanimously. A Motion to approve the new language in Section 80 was also made by Kenneth Webb and seconded by Stacy Ladell. Motion carried unanimously. Mr. Edmonds continued on to Section 82 and stated that this was an old time provision and needs to be updated to match the policy currently in place. A motion to approve the new language minus the mention of a deductible was made by Linda Kapp and seconded by Chad Lindsey. Motion carried unanimously. 8. Adjournment. A Motion to adjourn was made by Kenneth Webb and seconded by Lydia Fitzgerald. Motion carried unanimously. Meeting was adjourned at 6:09 p.m. Approved this 1 st day of November 2021. r �'A. Alix Putnam, Chaff person MINUTES OF REGULAR MEETING CHARTER REVIEW COMMISSION, 326 SOUTH MAIN STREET PARIS TEXAS MONDAY NOVEMBER 1 2021 5:30 P.M. 1. Call meeting to order by Chairperson Alix Putnam. Chairperson Alix Putnam called the meeting to order at 5.49 p.m. 2. Roll call and declaration of a quorum. Members present were Alix Putnam, Brenda Cherry, Connie Dodd, Reeves Hayter, Stacy Ladell, Linda Kapp, Chad Lindsey, and Kenneth Webb. Also present were Don Edmonds, Consultant; Grayson Path, City Manager; Stephanie Harris, City Attorney; Gene Anderson, Finance Director; and Janice Ellis, City Clerk. Members absent were Mickey Allen, Tasiley Scroggin, Syble Bills, Matthew Coyle, Lydia Fitzgerald, and David House. 3. Receive citizen input. (Unless an item is posted on the agenda, the Texas Open Meeting Act prohibits the Commission from responding to any comments) Chairperson Alix Putnam asked that anyone wishing to speak on an agenda item to please come forward. With no one speaking, Ms. Putnam closed the forum. 4. Consider approval of the minutes of the Commission meeting of October 18, 2021. Chairperson Alix Putnam asked for a Motion to approve the minutes. A Motion to approve the minutes was made by Kenneth Webb and seconded by Linda Kapp and Chad Lindsey. Motion carried unanimously. 5. Consider a commentary and recommendations by the Consultant in connection with Section 16 -and the election of the mayor. Consultant Don Edmonds said this was the third time this item had been considered by a charter review commission. He said the commission needed to first decide if they wanted to recommend that the mayor be elected at large. Chairperson Alix Putnam asked for discussion on this item. Mr. Webb said they had decided they were not going to pay the mayor nor council members and that the mayor had no more power than the council members. He questioned as to why they should change it. City Attorney Stephanie Harris explained the role of the mayor in instances of disasters, public health emergency, such as Covid. Ms. Cherry favored the idea of allowing the people to vote for who As to Section 101, W. Edmonds said exceptions had been included as to what would be allowed by a referendum petition. Following discussion, a Motion to approve the changes was made by Chad Lindsey and seconded by Linda Kapp. Motion carried unanimously. 8. Adjournment. A Motion to adjourn was made by Kenneth Webb and seconded by Chad Lindsey. Motion carried unanimously. Meeting was adjourned at 6:37 p.m. Approved this 15th day of November 2021. 3 Alix Putnam, C1° airperson MINUTES OF REGULAR MEETING CHARTER REVIEW COMMISSION 326 SOUTH MAIN STREET PARIS, TEXAS MONDAY NOVEMBER 15 2021 530 P.M. Call meeting to order by Chairperson Alix Putnam. Chairperson Alix Putnam called the meeting to order at 5:30 p.m. 2. Roll call and declaration of a quorum. Members present were Alix Putnam, Connie Dodd, Jessica Holtman, Reeves Hayter, Stacy Ladell, James Mitchell, Taisley Scroggin, Matthew Coyle, David House, Chad Lindsey, and Kenneth Webb. Also, present were Don Edmonds, Consultant; Grayson Path, City Manager; Stephanie Harris, City Attorney; and Janice Ellis, City Clerk. Members absent were Mickey Allen, Brenda Cherry, Syble Bills, Lydia Fitzgerald and Linda Kapp. 3. Receive citizen input. (Unless an item is posted on the agenda, the Texas Open Meeting Act prohibits the Commission from responding to any comments.) Chairperson Alix Putnam asked that anyone wishing to speak to please come forward. With no one speaking, Ms. Putnam closed the forum. 4. Consider approval of the minutes of the Commission meeting of November 1, 2021, Chairperson Alix Putnam asked for a Motion to approve the minutes. A Motion to approve the minutes was made by Chad Lindsey and seconded by Stacy Ladell and Connie Dodd. Motion carried unanimously. 5. Consider amendatory language proposed by the Consultant in connection with Sections. 16, 17 and 19 and the election of the mayor. With regard to Section 16, Ms. Putnam said they had recently discussed having the mayor elected at large, and that Mr. Edmonds had provided them with some statutory language. She asked if a person was on City Council for a couple of years and then ran for Mayor would the time on Council be counted against the time they could serve as Mayor. City Attorney Stephanie Harris said prior service on Council would not be counted against that person and explained if a person was on the Council for two years and then ran and was elected to serve as Mayor, he or she could conceivably be Mayor for six years if elected.. City Manager Grayson Path explained that if a sitting Council Member ran forMayor that it would be an automatic resignation from the Council seat. Mr. Path said. the staff and r. Edmonds had conferred about this subject and felt this was ttie fia-ir way to handle it, lie asked the canunission members if they had any better ideas, to please share those ideas because he didnot want the City to get into a bad situation. over elections. Mr. Lindsey said. he agreed, that, staff had given a lot of t1kought to this and had come up with scenarios that he never thought of Mr. Path also said thetnayor -would be elected in odd number years, with two ternis and. would serve not more than three consecutive two.. -year terms. A.Motion to approve the language for election of mayor at, largewas made by Chad Lindsey and seconded lay 'Paisley Scroggin. Motion earned, 10 ayes — Inay, with Kenneth Webb casting the dissenting vote. Mr. Edmonds asked if anyone had questions about Section 17. 'rhere being none, aMotion to approve Section 17 as written was armada by Reeves Hayter and seconded by Chad Lindsey., Motion carried, 10 ayes — I nay, with Kemieth Webb casting the dissenting vote. Mr. Edynond-s asked if anyone had questions about Section. 19. There being none, a Motion. to approve Section 19 vas made by Chad Lindsey and seconded 1by Matt Coyle. Motion carried, 10 ayes — 1 nay, with Kenneth Webb casting the dissenting vote. David House to the meeting at 6:00 p.m. 6onsider amendatory language proposed lby the Consultantin Articles XI and XII Mr. Edmonds said language in Article XI dated back, to the 50's and it was necessary for new.language to be written so drat in wasmore modem and understandable. Ms. Putnam and Mr. Webb said they were good with the new language. Jessica Holtman said Section .122 Subsection (9) should. include the word "costs" after attorney'sfees. Su�ject to the recommended change, a Motion to approve this section was made by Kenneth Webb and seconded by Taisley Scroggin. Motion carried, 10 ayes — 0 nays. As to Section 142, there were no changes., A Motion to approve this section as written was made by Jessica Holtman and seconded by Kenneth Webb. Motion carried, 10 ayes — 0 nays. Next Mr. Edmonds referenced Section 151 and said that it did not rnak,e sense to have this paragraph at the and ofthe Charter but should bernoved to the beginning. He said it contained a gender neutral clause and. that t1te City Attorney would need to renumber the Charter. He said this could be done by Ordinance with the City Council giving authority to the City Attorney to re. - number the Chaifter and. irnaking editing changes. Ms. Holtman suggested that Section :p :p subsection (3)leave added "as appropriate" after "references to specific state statutes," It was a consensus to make the change to subsection (3). Suibject to therecommended change, a Motion was made to approve this section was made by Keimeth Webb and seconded by Stacy Ladell. Motion carried, 10 ayes — 0 nays. K 7. Adjournment. A Motion to adjourn was made by Chad Lindsey and seconded by Stacy Ladell. Motion carried unanimously. Meeting was adjourned at 6:28 p.m. Approved this 29th day of November 2021. 0 Alix Putnam, CY�airperson MINUTES OF REGULAR MEETING CHARTER REVIEW COMMISSION 326 SOUTH MAIN STREET PARIS TEXAS MONDAY NOVEMBER 2912021,,5:30 P.M. Call meeting to order by Chairperson Alix Putnam. Chairperson Alix Putnam called the meeting to order at 5:30 p.m. 2. Roll call and declaration of a quorum. Members present were Alix Putnam, Jessica Holtman, Taisley Scroggin, Linda Kapp, Matthew Coyle, Kenneth Webb, Connie Dodd, Brenda Cherry, Lydia Fitzgerald, Stacy Ladell, and Reeves Hayter, Also, present were Don Edmonds, Consultant; Grayson Path, City Manager; Stephanie Harris, City Attorney; and Janice Ellis, City Clerk. Members absent were David House, Syble Bills, James Mitchell and Mickey Allen. 3. Receive citizen input. (Unless an item is posted on the agenda, the Texas Open Meeting Act prohibits the Commission from responding to any comments) Chairperson Alix Putnam asked that anyone wishing to speak to please come forward. With no one speaking, Ms. Putnam closed the forum. 4. Consider approval of the minutes of the Commission meeting of November 15, 2 02 1. Chairperson Alix Putnam asked for a Motion to approve the minutes. Subject to changing Section 18 to Section 19 on item 5, a Motion to approve the minutes was made by Lydia Fitzgerald and seconded by Jessica Holtman. Motion carried unanimously. 5. Consider any additional matters of concern by Commission members as to Articles I — XII of the current charter. Chairperson Alix Putnam said these Articles had been reviewed by the Commission and approved but inquired if there were any changes. It was a consensus that no changes were to be made to these Articles. 6. Consider a draft of the final report and recommendations of the Commission to the City Council as proposed by the Consultant. Consultant Don Edmonds said Mr. Path had e-mailed to them a couple of typographical errors, one on page five and one on page twenty-one. Mr. Edmonds said those would be corrected. Mr. Edmonds asked if anyone had suggestions other than what he had presented in the final report and recommendations. Connie Dodd referenced pages four & five with regard to he and she language. City Attorney Stephanie Harris reminded the Commission there would be gender specific language in the Charter to address that. Ms. Putnam asked if there was anything they had reviewed over the last five weeks that they needed to expand on. She said she would be presenting the Report to the City Council as the voice of the entire Commission. Matthew Coyle wanted to know if they should include language with regard to the next Charter Review. Mr. Edmonds said there was already language in the Charter that addressed that. Although the Commission discussed and previously decided to propose the mayor at -large, they discussed the subject in depth, specifically the mayor who would be elected at -large, he or she would be the eighth Council Member, and would not being able to vote. In summary, the Commission decided to stay with the recommendation of proposing that the mayor be elected at -large and not vote except in case of a tie. Mr. Path explained the mayor would be elected in odd -numbered years when Council Members in Districts 1, 3 and 7 were elected. 7. Adjournment. A Motion to adjourn was made by Kenneth Webb and seconded by Chad Lindsey. Motion carried unanimously. Meeting was adjourned at 6:13 p.m. Approve this day o 2021. Alix Putnam, Chairperson 2