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15 - Calling a City-Wide Charter ElectionItem No. 15 Memorandum TO: Mayor, Mayor Pro Tem & City Council FROM: Grayson Path, City Manager Stephanie Harris, City Attorney Janice Ellis, City Clerk SUBJECT: ORDINANCE CALLING A CITY-WIDE CHARTER ELECTION DATE: August 8, 2022 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. STATUS OF ISSUE: At the City Council meeting of December 13, 2021, Chairperson Alix Putnam provided the City Council with a brief presentation of behalf of the CRC. City Manager Grayson Path discussed presented the proposed amendments to Council. The Charter proposed Charter Amendments were discussed again at the January 10, 2022 City Council meeting, at which time Council Member Knox requested additional language that addressed how a Charter Review Commission should be formed. Mayor Portugal and Council Member Knox both suggested a Commission be appointed no less than every five years to review the Charter. Mayor Portugal said she would like to see an attendance requirement of 75% at meetings for Council Members. Mr. Path said staff would bring back recommended changes. At the City Council meeting of January 24, 2022, the recommended changes were presented to City Council by City Attorney Stephanie Harris. The City Council approved the changes as written. At the January 24 1h City Council meeting, City Clerk Janice Ellis explained it would be almost impossible to get the Charter Election on a ballot for the May 2022 Election. She explained the issues as being with the State redistricting, the time it would take for the attorney consultant to write the ballot, the time itwvA-", W,,mikuv*MWQ,, into Spanish and the publication of booklets and the mailing that must of the booklets to over 14,000 registered voters in the City of Paris. In order to move forward with the Charter Election, it is the State prescribed time to call the election. BUDGET: Staff anticipates an estimated cost of $11,594.00 for a contract with the County Elections Administrator for services related to election services, In addition, there will be services relate are $8,000.00. It is the intention to fund part of these election costs in the 2021-2022 budget and part in the 2022-2023 For the election in November. RECOMMENDATION: Approve an Ordinance calling a citywide Charter Election, WHEREAS, the City of Paris, Texas is i home rule municipal corporation governed by ?. Home Rule Charter (the i minorrevision in 2007 and a and WHEREAS, Councilappointed r charter proposed WHEREAS, August•' 2021, by Ordinance 11024 appointed, the City Council 4 r 1.' necessaryd WHEREAS,several October, b;report to the City Council on December 13, 2021 recommending substantial changesCharter;d WHEREAS, pursuant to state law and Sec. 149 of the Charter, amendments to t Charter must be submitted to and approved by the qualified i election; WHEREAS, in coni r.election amendmentsconducted at one of t -e-jiniform uniform election date being November 8, 2022; and, WHEREAS, the City Council therefore desires to order a city-wide election to be conducted on November 8, 2022 regarding the adoption of the propositions calling for a r WHEREAS, �.;. r - accordance Lamar City Charter of the City of Paris, Texas, :s Election Code, and Paragraphs and '67=-1=-TTC-(TCr1-NTT -9/1TINIU11, d11L L11C IaTTS Of Lne State of Texas wherein they do not conflict with said Order, WHEREAS, the Lamar County Election Administrator will use the Election Systems & Software direct recording electronic voting systems for this election, which has been certified by the Secretary of State in accordance with the Texas Election Code and approved by the United States Department of justice, and the Paris accepts this system. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS: Section 1. That the findings set out in the preamble to this ordinance are hereby in all things approved. Section 2. That a special election shall be and is hereby ordered to be held city- wide in all Council Districts of the City of Paris, Texas, on Tuesday, November 8, 2022 between the hours of 8:00 a.m. and 5:00 p.m. for the purpose of submitting to the qualified t f P - Section 3. That the City Clerk of the City of Paris shall be and is hereby directed to prepare the necessary documents and to proceed in acquiring the ballots such that the vote shall be held upon an official ballot prepared s, a manner as will permit the voters of the City of Paris to vote "For" or "Against" the amendments, with the proposition to be expressed on the official ballot in a form substantially similar to the language set forth in Exhibit A which is attached hereto and incorDorated bv reference as if fullv set fom*,[',# erein, Section n;, That the polling place and election officials of such election shall be at the Lamar County Courthouse Annex, 231 Lamar Avenue, Paris, Texas, and shall be open from 8:00 a.m. to 5:00 p.m. on the dates of early voting and the election. The election will be condluirfed in ?cc*rd9ncP with the Ll Section 5. That early voting by personal appearance by any qualified City of Paris resident may be conducted at the Lamar County Courthouse Annex, 231 Lamar Avenue, Paris, Texas. Early voting by personal appearance for the November 8, 2022 special charter election will be conducted by the Lamar County Elections Administrator beginning on Monday, October 24, 2022 and continue through Friday, November 4, 2022, during normal business hours of 8:00 a.m. until 5:00 p.m. with no weekend voting. Section 6. That applications for early voting ballot by mail shall be mailed to: Tricia Johnson, Early Voting Clerk, Lamar County Elections Administrator, Lamar County Courthouse Annex, 231 Lamar Avenue, Paris, Texas. Section 7. That in accordance with Section 123.001 of the Texas Election Code, the Election Systems & Software direct recording electronic voting systems approved by the Secretary of State are hereby adopted for the special charter election on November 8, 2022. Section 8. That pursuant to the Contract for Election Services, the Lamar County Elections Administrator shall serve as Election Administrator for this election. Presiding Election Judges and Alternate Presiding Election Judges appointed to serve at said polling places shall be those election officials appointed by the Elections Administrator. Section 9. That in compliance with Section 271.006 of the Texas Election Code, Trisha Johnson, Lamar County Elections Administrator, will be appointed as Early Voting Clerk. Other deputy early voting clerks will be appointed as needed to process early voting mail and to conduct early voting by personal appearance at the Early Voting Polling Place, Lamar County Courthouse Annex, 231 Lamar Avenue, Paris, Texas. Section 10. That an Early Voting Ballot Board shall be created to process early voting results in accordance with Section 87.006 of the Texas Election Code. The Early Voting Ballot Board shall be made up of members appointed in the manner stated in the Contract for Election Services. Section 11. That such election shall be held in accordance with the laws of the State of Texas governing special charter and municipal elections, insofar as the same may be applicable, and with the provisions of the City Charter and Ordinances of the City of Paris, wherein said Charter and ordinances do not conflict with state law and the above-described Order. Section 12. That the City Clerk of the City of Paris is hereby directed and instructed to cause the posting of a properly executed Notice of Election pursuant to this order of election, signed by the Mayor of the City of Paris and attested by the City Clerk, on the bulletin board in the City Clerk's Office, on the board provided for notices at the City Hall door, at each of the polling places designated above, which are within each district in which the election is to be held, not later than the twenty-first (21st) day before election day, further, a properly executed copy of such Notice of Election shall be published at least one time not earlier than the thirtieth (30th) day nor later than the tenth (10th) day before election day in at least one (1) daily newspaper published in the City of Paris, and a copy of the notice shall be filed with the City Clerk of the City of Paris, together with the posting officer's return and the newspaper certificate of publication. Section 13. That this ordinance shall be effective from and after its date of passage. PASSED AND ENACTED by the City Council of the City of Paris in regular meeting, at the City Hall of said City, on this 8th day of August, 2022. Paula Portugal, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: Stephanie H. Harris, City Attorney yp Aw'V'#;J'J1J'J3NJ1 Proposition A shall read: Shall Sec. 17 of the Charter be amended to provide that a member of the Council shall meetings in anyyearfrom thefirst meeting in May to the last meeting in April, unless excused by the remaining members of the Council? 70 = MET � RK I 31i 1 11,11 1111 U -I a VVINVAty VMS LJOHN 6TMJV� �'. 910HPIM Al al NT,W1 me for filing for office; and shall not have been convicted of a felony, been adud-gedm of any provision of any other section of this Charter or of Chapter 141 of the Texas Election Code. A member of the council shall immediately forfeit his SCUL1011 ST111 dIIJ OUICU SCCLIOn Of LM Undf-LUf Or wrine in oince, is convic-cea or 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. Furthermore, a member of the council shall immediately forfeit his or her office if he or she fails to attend at least seven 2 ro of his or her term of office unless otherwise excused by the remaining members of the City Council, with a year being measured from the first meeting in May to the last meeting in April. For the purposes of this section, a bona fide residence shall be defined as a place in which the councilman . W-w3ow"t"A""I the name of the councilman, or his spouse, parent or child with whom he actually resides. Proposition B Pro41 o5itj Bballot language shall read: Shall Sec. 21(2) of the Charter be amended to provide that the City Council shall have authority to establish administrative departments but not to distribute the work of divisions within such departments, in order to reflect current operations and policy? ❑ For ❑ Against If Proposition B is approved by the voters on November 8, 2022, Sec. 21(2) of the Charter will thereafter read as follows: (2) Establish administrative departments. Proposition C Proposition C ballot language shall read: Shall Sec. 38 of the Charter be amended to delete outdated language related to retirement pensions, insurance, and disabled employees, in order to reflect current operations and policy? ❑ For ❑ Against If Proposition C is approved by the voters on November 8, 2022, Sec. 38 of the Charter will thereafter read as follows: 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 employees in the service of the city. The cost of the system shall be determined actuarially on the basis of such mortality and service tables as are required under state law. 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 accrued liabilities. People employed on a full- time basis by the City 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 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. Proposition D Proposition osition D ballot lan ga a shall read: Shall Sec. 43 of the Charter be amended to clarify that the City Manager may distribute the work of each administrative department without establishment of an ordinance, in order to reflect current operations and policy? ❑ For ❑ Against If Proposition D is approved by the voters on November 8, 2022, Sec. 43 of the Charter will thereafter read as follows: Section 43. Departmental divisions. The work of each administrative department may be distributed among such divisions thereof as may be determined by the city manager, and the city manager may establish temporary divisions. Proposition E Proposition E ballot language shall read: Shall Sec. 48 of the Charter be amended to provide that the City Manager is not required to cause copies of the City budget, to be copied and distributed to all interested persons? ❑ For ❑ Against If Proposition E is approved by the voters on November 8, 2022, Sec. 48 of the Charter will thereafter read as follows: 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. Proposition F PMpg§jtion..F ballot language shall read: Shall Sec. 49 of the Charter be amended to provide that the City Council shall fix the time and place for a public hearing on the budget, but is not required to do so at the meeting at which the budget is submitted, in order to reflect current operations and policy? ❑ For ❑ Against If Proposition F is approved by the voters on November 8, 2022, Sec. 49 of the Charter will thereafter read as follows: Sec. 49. Notice of public hearing on budget. The 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. Proposition G Pro position G ballot language shall read: Shall Sec. 50 of the Charter be amended to delete unnecessary language referring to adjournment of public hearings on the budget? ❑ For ❑ Against If Proposition G is approved by the voters on November 8, 2022, Sec. 50 of the Charter will thereafter read as follows: Sec. 50. Public hearing on budget. At the time and place set forth in the notice required by Section 49, 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. Proposition H Pr942osition H ballot langua a shall_read: Shall Sec. 52 of the Charter be amended to clarify that the City Council may provide for the use of reserve funds, as necessary, when adopting the budget? ❑ For ❑ Against If Proposition H is approved by the voters on November 8, 2022, Sec. 52 of the Charter will thereafter read as follows: 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 and/or provide for the use of reserve funds as necessary. Proposition I Pro tion I ballot langua a shall,r,ead_ Shall Sec. 55 of the Charter be amended and updated to eliminate the outdated requirement to file the City budget with the county clerk of Lamar County and the state comptroller and the use of mimeographing to copy the budget? ❑ For ❑ Against If Proposition I is approved by the voters on November 8, 2022, Sec. 55 of the Charter will thereafter read as follows: 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. The final budget shall be printed, 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. Proposition J Pro )osition I ballot language shall read: Shall Sec. 59 of the Charter be amended to delete reference to the National Committee on Municipal Accounting, which no longer exists? ❑ For ❑ Against If Proposition J is approved by the voters on November 8, 2022, Sec. 59 of the Charter will thereafter read as follows: 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 by a nationally accepted classification program. Proposition K Prooq-.)osition K_ballot la=gg shallread: Shall Sections 61 through 66 of the Charter be amended to delete outdated language regarding the City's authority to borrow money and to replace it, as Sec. 61 only, with language that is consistent with current law and financial practices? ❑ For ❑ Against If Proposition K is approved by the voters on November 8, 2022, Sec. 61 of the Charter will thereafter read as follows and Sections 62, 63, 64, 65, and 66 shall be deleted: Sec. 61. Power to Borrow. The City shall have the power to borrow money on the credit of the City and also to issue or incur bonds and other evidence of indebtedness, and such powers may be exercised to finance public improvements or for any other public purpose not prohibited by the Constitution and the laws of the State of Texas, and the City may issue refunding bonds to refund outstanding bonds and other evidence of indebtedness of the City previously issued or incurred. All such bonds and other evidence of indebtedness shall be issued in conformity with the laws of the State of Texas and may be secured by or paid, in whole or in part, from ad valorem tax revenues, revenues derived from other taxing powers of the City, revenues derived by the City from any fee or service charge, including revenues derived from the operations of any public utilities, utility systems, recreational facilities or any other municipal function and may be secured by a mortgage on the physical properties of such public utilities in payment of such debt to the extent not prohibited by the Constitution and laws of the State of Texas. Such bonds or evidence of indebtedness may be a charge upon and payable from the properties, or interest therein pledged, or the income there from, or both to the extent not prohibited by the Constitution or laws of the State of Texas. The proceeds of bonds or other evidence of indebtedness issued or incurred by the City shall be used only for the purpose for which the bonds or other indebtedness were issued or incurred. Proposition L Profostion L ballot language shall read: Shall Sec. 67 of the Charter be amended to delete outdated language related to appointment of a deputy director of finance? ❑ For ❑ Against If Proposition L is approved by the voters on November 8, 2022, Sec. 67 of the Charter will thereafter read as follows: Sec. 67. Director of finance; appointment. There shall be a department of finance, the head of which shall be the director of finance, who shall be appointed by the city manager. Proposition M Pro osition M ballot lan:uage shall read: Shall Subsection (5) of Sec. 69 of the Charter be amended to delete outdated language regarding the Director of Finance's responsibilities of assessment of property in the City for taxation? ❑ For ❑ Against If Proposition M is approved by the voters on November 8, 2022, Sec. 69(5) of the Charter will thereafter read as follows: (5). Supervise and be responsible for special assessments within the city as may be required by law; Proposition N Proposition, N ballot lan ua we shall read: Shall Subsection 9 of Sec. 69 of the Charter, providing that the finance director act as a purchasing agent, be deleted because it is outdated and reflects a practice that no longer exists? ❑ For ❑ Against If Proposition N is approved by the voters on November 8, 2022, Sec. 69(9) of the Charter shall be deleted. Proposition O Pro o�siti_on_.0_.ballot _lan ua e shall read: Shall Sec. 79 of the Charter be amended to provide that the City Council shall determine the appropriate date that tax anticipation notes shall mature and be payable? ❑ For ❑ Against If Proposition 0 is approved by the voters on November 8, 2022, Sec. 79 of the Charter will thereafter read as follows: Sec. 79. Borrowing in anticipation of property taxes. In any fiscal year, in anticipation of the collection of the property tax for such year, whether levied or to be levied in such year, the council may by resolution authorize the borrowing of money by the issuance of negotiable notes of the city, each of which shall be designated "tax anticipation note for the year 20_" (stating the budget year). Such notes shall mature and be payable on a date to be determined by the council. Proposition P Pro osition P ballot language shall read: Shall Sec. 80 of the Charter be amended to provide that the City Council shall determine the date that negotiable notes of the City shall mature and be payable? ❑ For ❑ Against If Proposition P is approved by the voters on November 8, 2022, Sec. 80 of the Charter will thereafter read as follows: Sec. 80. Borrowing in anticipation of other revenues. In any fiscal year, in anticipation of the collection or receipt of other revenues of that budget year, the council may by resolution authorize the borrowing of money by the issuance of negotiable notes of the city, each of which shall be designated "special revenue note for the year 20_" (stating the budget year). Such notes may be renewed from time to time, but all such notes, together with the renewals, shall mature and be payable on a date to be determined by the council. Proposition Q Proposition Q ballot lanuage shall read: Shall Sec. 82 of the Charter be amended to delete outdated language related to surety bonds and to replace the same with up-to-date language for how surety coverage for employees and the limits of liability shall be procured? ❑ For ❑ Against If Proposition Q is approved by the voters on November 8, 2022, Sec. 82 of the Charter will thereafter read as follows: Sec. 82. Surety bonds. The City of Paris shall procure Public Employee Dishonesty surety coverage for all City employees that handle City moneys and investments. Limits of liability will be at least $250,000 for each wrongful occurrence. Proposition R Protiosition R ballot language shall read,: Shall Sec. 83 of the Charter be deleted because it is outdated and ignores the existence of the Lamar County Appraisal District? ❑ For ❑ Against If Proposition R is approved by the voters on November 8, 2022, Sec. 83 of the Charter shall be deleted. Proposition S Pro I osition S ballot Jan ua a shall read: Shall Sec. 100 of the Charter be amended to specify certain exemptions from the power of initiative in order to protect against nuisance efforts related to initiative? ❑ For ❑ Against If Proposition S is approved by the voters on November 8, 2022, Sec. 100 of the Charter will thereafter read as follows: Sec. 100. Power of initiative. Qualified voters of the city shall have power to propose any ordinance except an ordinance appropriating money, authorizing the levy of taxes, zoning, issuing of bonds or notes, salaries, or in any instance where a court of proper jurisdiction has determined that the initiated ordinance has been removed from the field of initiation. Valid petitions shall be subject to adoption or rejection at the 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 percent of the number of votes cast in the cumulative seven districts in the last contested general election for each district. Proposition T Proposition T ballot langgUg shall read: Shall Sec. 101 of the Charter be amended to specify certain exemptions from the power of referendum in order to protect against nuisance efforts related to referendum? ❑ For ❑ Against If Proposition T is approved by the voters on November 8, 2022, Sec. 101 of the Charter will thereafter read as follows: 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, ordinances making the annual tax levy, zoning, annexation, utility rates, personnel and administrative matters, or in any instance where a court of appropriate jurisdiction has determined that the referred ordinance has been removed from the field of referendum. 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. Proposition U ProLosition U ballot lan nage shall read: Shall the language of Sections 119 through 130, regarding franchises and public utilities, be replaced with new Sections 119 through 126 containing language that is consistent with current state law regarding the City's authority to regulate rates and grant franchises? ❑ For ❑ Against If Proposition U is approved by the voters on November 8, 2022, Sections 119 through 130 shall be replaced with Sections 119 through 126 that shall read as follows: Section 119. Power to Grant Franchises. The ownership, right of control and use of streets, highways, alleys, parks, public places, rights-of-way and all other real property of the city is declared to be inalienable to the city. No entity or individual shall have the right to occupy such public property without the express permission of and under an express written agreement with the city concerning such occupancy. Public utilities shall only be granted the right to occupancy under the terms of a franchise agreement with the city. All grants, renewals, extensions or amendments of public utility franchises on, under or beneath such public places shall be the right of the city. The city may, by ordinance, sell, lease, transfer or otherwise alter its control and use of such public properties, in accordance with the provisions of this charter. No franchise shall be granted for an indefinite term, nor may a franchise be granted for a term in excess of twenty (20) years. Section 120. Franchise Extensions. All extensions of a public utility within the city shall become a part of the aggregate property of the public utility, shall be operated as such and shall be subject to all the obligations and reserved rights contained in this charter and in state law. The right to use and maintain any extension shall terminate with the original grant made to the utility. Section 121. Exclusivity and Transfer of Franchise. The city shall not grant an exclusive franchise to any public utility. No public utility franchise may be transferred or assigned by the holder except with the approval of the city, expressed by ordinance following a public hearing. Section 122. Regulation of Franchises. All grants, renewals, extensions or amendments of public utility franchises shall be subject to the. right of the city to: (1) repeal the same by ordinance at any time for failure to begin r hearing;to comply with terms of the franchise, such power to be exercised only after due notice and (2) require an adequate and reasonable extension of plant and service and the maintenance of plant and fixtures at a standard by which to render the highest reasonable quality of service to the public; () establish reasonable standards and quality of service and prevent unjust discrimination in service and/or rates; (4) prescribe, for each franchisee, the form of accounts to be kept or, alternately, require the system of accounts conform to that required by the appropriate state and/or federal regulatory agencies; () impose such reasonable regulations and restrictions as may be deemed desirable or conducive to the safety, welfare and accommodation of the public; () require franchisees to furnish the city, without cost to the city, a general map with updates outlining the location, character, size, length, and terminals of all facilities of such franchisee in, over and underground of property in the city; to regulate and control the location, relocation and removal of such facilities; and to provide detailed information on requests (7) examine and audit at any time during normal business hours the accounts and records of the franchisee; (8) require compensation and rental fees, except as limited by state law, For (9) require every franchisee to indemnify and hold harmless the city against any liability, claims or damages (including attorney's fees, costs and expenses) for injury to persons, including death, or damages to any property IF dau l Section 123. Franchise Records. The city shall compile and maintain a public record of all franchises granted by the city, including any extensions or amendments to such franchise grants. Section 124. Regulation of Rates. (1) The city shall have full power after due notice and public hearing to regulate by ordinance the rates, charges and fares of all public utility franchise holders operating within the city as authorized by state and federal law. (2) The city, upon receiving a request from a public service desiring a change in rates, charges, or fares, shall call a meeting for consideration of such change. (3) A holder of a franchise to provide a public service or utility in the city must show the necessity for such service by establishing by clear, competent and convincing evidence: the cost of its investment for service in the city; the amount and character of expenses and revenues connected with rendering the service; and any additional evidence required by the city. (4) The city may select and employ rate consultants and auditors to investigate any requests or changes in rates, charges, or fares. The public service shall reimburse the city for reasonable and necessary expenses incurred. Section 125. Records and Accounts; Annual Reports (1) The city shall require all franchise holders and public service companies operating within the city to file a sworn annual report of the receipts from the operation of the said business for the current year, how much thereof for betterments or improvements, the charges for services rendered to the public, and any other facts or information that the city may deem pertinent for its use. Said reports are to be filed with the city clerk. Such reports shall be reviewed annually by the city council to determine the propriety of the rates being charged. (2) Any franchise holder of a public service company who shall for a thirty (30) day period willingly refuse or fail to report in the manner provided by this charter, or shall file any report, knowing that the same does not truly report the facts about the matters mentioned therein, shall be subject to such penalties as may be prescribed by the city council by ordinance. Section 126. City -Owned Utilities The city council has the right to: (1) set rates of city -owned public services; (2) require such city -owned public services to keep accounts of financial operations. Accounts must show the actual cost of each service to the city, including costs of extensions and improvements and source of funds extended for these purposes. Costs and revenues of services furnished to other cities or government agencies must be included. Proposition V Pro osition V ballot laMage shall Shall Sec. 142 of the Charter be amended to provide that the City shall not be obligated to recognize any assignment of wages or funds by its employees, agents, or contractors except by court order or as otherwise required by state law? ❑ For ❑ Against If Proposition V is approved by the voters on November 8, 2022, Sec. 142 of the Charter will thereafter read as follows: 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 by court order or as otherwise required by state law. Pso 12osition ....... W ballot language shall read: . . ............ MM E� If Proposition W is approved by the voters on November 8, 2022, Sec. 43 of the Charter will thereafter read as follows: Amendments to this Charter may be framed and submitted to the qualified Z M to vote on each amendment separately. I'Vot less than every five years, the council shall appoint a Charter review commission to review the Charter and make recommendatianftbo,,agra,-.,mo�Li(n,,T,-*,I regarding proposed amendments, if any, that the commission considers to be appropriate and in the best interest of the city. Said Charter review commission shall comprise fifteen members and two alternates who are registered voters of the city and who are selected by council in the following commission, and the mayor and mayor pro tem shall jointly appoint the fifteenth member. The two alternate members shall be appointed after nomination and vote by the council. The chair of the commission shall be appointed by the council after nominations and vote, and the vice chair shall be elected by the commission from among its number. Current and former council members and current and former city employees are not eligible to be appointed to the commission. Once constituted the commission shall determine the dates and times for conducting its meetings. Each commission member shall be required to attend at least seventy-five percent of the commission's meetings. Proposition X Pro Po ition x ballot language shall read: Shall Sec. 151 of the Charter be amended to specify how its language is to be interpreted with regard to gender, arrangement of articles, sections and subsections, and to eliminate references to particular state statutes, as appropriate? ❑ For ❑ Against If Proposition X is approved by the voters on November 8, 2022, Sec. 151 of the Charter will thereafter read as follows: Sec. 151. Renumbering of charter, elimination of gender -specific references and elimination of references to specific state statutes. The city council shall by ordinance authorize the city attorney to edit this charter for the following purposes: (1) to renumber and rearrange all articles, sections, and subsections therein, or amendments thereto. (2) to eliminate gender -specific references from various provisions therein and to substitute gender -neutral terms as deemed appropriate. (3) to eliminate from various provisions therein all references to specific state statutes, as appropriate. THE STATE OF TEXAS § COUNTY OF LAMAR § CONTRACT FOR ELECTION SERVICES BETWEEN THE LAMAR COUNTY ELECTIONS ADMINISTATOR'S OFFICE AND THE CITY OF PARIS. THIS CONTRACT made by and between Lamar County, Texas, acting by and through Tricia Johnson, Lamar County Elections Administrator, hereinafter referred to as "The Elections Administrator" and THE CITY OF PARIS, a governmental entity organized under the laws of the State of Texas, hereinafter referred to as the "Entity" and by the authority of Section 31.092(a) of the Texas Election Code for the conduct and supervision of the Entity's November 8, 2022 city-wide Special Election. RECITALS The Entity is holding a special election on November 8, 2022, for the purpose of considering amendments to the City Charter. The election precincts of the Entity, which lie within the jurisdictional limits of Lamar County (the "County"), have been established and may be re-established by the Entity as its election precincts pursuant to Section 42.061 of the Texas Election Code. The County owns a direct recording electronic voting system which has been duly approved by the Secretary of State pursuant to Texas Election Code Chapter 122 as amended, and the Entity desires to use the County's electronic voting system in its election and to compensate the County for such use. NOW THEREFORE, in consideration of the mutual covenants, agreements, and benefits to the parties, IT IS AGREED as follows: I. ADMINISTRATION The Lamar County Elections Administrator shall assist, coordinate, supervise, and handle all aspects of administering the elections as provided in this Contract in a manner consistent with all relevant laws, codes, rules and regulations, including, without limitations, those functions set forth in Exhibit Al. The Entity agrees to pay Lamar County Elections Administrator for equipment, supplies, services, and administrative costs as provided in this Contract. The Lamar County Elections Administrator shall serve as the administrator for the election; however, the Entity shall remain responsible for the lawful conduct of its election including, without limitation, those functions reserved to the Entity and set forth in Exhibit A2 and any functions which cannot be lawfully delegated to the Lamar County Elections Administrator. The Elections Administrator shall provide advisory services in connection with decisions to be made and actions to be taken by the officers of the Entity; however it shall be the responsibility of the 1 Entity to obtain whatever legal opinions it deems necessary, from the Entity's chosen legal counsel and at the Entity's sole cost and expense. The Lamar County Elections Administrator will not provide legal advice to the Entity. II. LEGAL DOCUMENTS The Entity shall be responsible for the preparation, adoption, and publication of all required election orders, resolutions, notices, and any other pertinent documents required by the Texas Election Code, including the language of the official ballot. The Entity shall provide a copy of its election order and notice to the Lamar County Elections Administrator not later than sixty (60) days before the election, as provided for by Section 4.008 of the Texas Election Code. The Elections Administrator shall be responsible for making the submission, if any is required or desired, to the United States Department of Justice, pursuant to the Voting Rights Act of 1965, as amended. III. VOTING LOCATIONS It is agreed that Election Day voting shall be held at the locations shown in the Election Order and Notice duly adopted by the Entity. In the event that any of these voting locations are not available, the Elections Administrator will arrange for use of an alternate location with the approval of the Entity and at the Entity's expense, together with DOJ approval. This Contract shall be deemed an agreement for a joint election with other governmental units in Lamar County holding an election on the same day in all or part of the same territory and whose governing bodies have authorized said joint election by order, resolution or other official action, together with DOJ approval. IV. ELECTION JUDGES, CLERKS AND OTHER ELECTION PERSONNEL Lamar County shall be responsible for the initial selection of the presiding election judges, alternate election judges and election clerks for the Entity's election. The Elections Administrator shall provide to the Entity a list of presiding judges, alternate judges and clerks for its election who shall be appointed by the Entity as required by law. The Elections Administrator shall notify all election judges of the eligibility requirements of Subchapter C of Chapter 32 of the Texas Election Code, and will take the necessary steps to ensure that all election judges appointed for the Entity's election are eligible to serve. The Elections Administrator shall arrange for the training and compensation of all election judges and clerks. The Elections Administrator shall arrange for the date, time, and place for presiding election judges to pick up their election supplies. Each presiding election judge will be sent a letter (not later than the 151 day before election day, as required by Section 4.007 of the Texas Election Code) by the Elections Administrator notifying him of his 2 appointment, the time and location of distribution of election supplies, and the number of election clerks that the presiding judge may appoint. Each Presiding Election Judge and Election Clerk will receive $12.00 per hour for a maximum of 14 hours. The Presiding Election Judge or Election Clerk will receive an additional $25.00 as flat -rate compensation for delivering election returns and supplies to the Lamar County Elections Administrator's Office after the polls close. It is agreed by the Entity that at all times and for all purposes hereunder, all election judges, clerks, and all other employees involved in this election are independent Contractors and are not employees or agents of Lamar County or the Entity. No statement contained in this Contract shall be construed so as to find any judge, clerk, or any other election personnel an employee or agent of the County or the Entity, and all election personnel shall be entitled to none of the rights, privileges, or benefits of County employees or Entity employees except as otherwise may be stated herein, nor shall any election personnel hold himself out as an employee or agent of the County or the Entity, unless considered a County or Entity employee as determined by the policies of Lamar County or the Entity. V. SUPPLIES AND PRINTING The Elections Administrator shall arrange for the use of the direct recording electronic voting machines and supporting supplies and equipment and all other election supplies and related printing including, but not limited to, official ballots, sample ballots, ballot boxes, voter registration lists, and all forms, signs, maps and other materials used by the election workers at the Early Voting and Election Day voting locations. The Entity shall furnish to the Elections Administrator a list of candidates and/or propositions showing the order and the exact manner in which the names or proposition(s) are to appear on the official ballot. This list shall be delivered to the Elections Administrator as soon as possible after the Entity has determined ballot positions. The Entity shall be responsible for proofreading and approving the official ballot before printing as well as approving the ballot screen prompts and audio recordings for the Direct Recording Electronic voting devices. VI. EARLY VOTING The Entity agrees that the Election Administrator shall serve as the Early Voting Clerk in accordance with Section 31.097 of the Texas Election Code and agrees to designate the Office of the Elections Administrator as the main Early Voting polling location. The Entity also agrees that the Elections Administrator's permanent county employees, during regular office hours, shall serve as deputy early voting clerks, without additional compensation; and that the Elections Administrator may appoint other deputy early voting clerks to assist in the conduct of early voting as necessary. It is agreed that Early Voting by personal appearance will be held at the locations, times and days as determined by the Election Administrator. In the event that any of these voting locations are not available, the Elections Administrator will arrange for use of an alternate 3 location with the approval of the Entity and at the Entity's expense. As Early Voting Clerk, the Elections Administrator shall receive applications for early voting ballots to be voted by mail in accordance with Chapters 31 and 86 of the Texas Election Code. Any requests for early voting ballots to be voted by mail received by the Entity shall be forwarded immediately to the Elections Administrator for processing. Persons voting by mail will send their marked ballots to the Elections Administrator's Office. The Elections Administrator will be responsible for payment to all parties who have provided services, supplies and voting locations for the election. A contracting Entity shall not be liable to any third party by default of the Elections Administrator's Office in connection with holding the election, including failure by Lamar County or its Elections Administrator's Office to pay for services, supplies and voting locations for this election. Dates for early voting will be Monday, October 24, 2022 through Friday, November 4, 2022, from 8:00 a.m. to 5:00 p.m. with no weekend voting. VII. EARLY VOTING BALLOT BOARD An Early Voting Ballot Board shall be created to process early voting results from the Entity's election. The Elections Administrator shall appoint the Presiding Judge of the Early Voting Ballot Board. The Presiding Judge, with the assistance of the Elections Administrator, shall appoint two or more additional members to constitute the Early Voting Ballot Board members to efficiently process the early voting ballots. VIII. CENTRAL COUNTING STATION AND ELECTION RETURNS The Elections Administrator shall be responsible for establishing and operating the central counting station to receive and tabulate the voted ballots in accordance with the provisions of the Texas Election Code and of this Contract. The Entity hereby appoints the following central counting station officials in accordance with Sections 127.002 and 127.005 of the Texas Election Code: Counting Station Manager: Tricia Johnson, Elections Administrator Tabulation Supervisor: Tricia Johnson, Elections Administrator Presiding Judge: Tricia Johnson, Elections Administrator The Elections Administrator or his representative shall deliver timely cumulative reports of the election results as precincts report to the central counting station and are tabulated. The Election Administrator shall be responsible for providing cumulative totals and precinct returns from the election to the Entity, prior to releasing the information to the candidates, press, or general public, by distribution of hard copies at the Central Counting Station or electronic transmittals by facsimile (when so requested.) 0 IX. ELECTION RESULTS The Elections Administrator will prepare the unofficial canvass reports after all ballots have been counted and will deliver a copy of the unofficial canvass to the Entity as soon as possible after all returns have been tabulated, but in no event later than 5:00 p.m. of the seventh day following the election date. The Entity shall be responsible for the official canvass of its election. The Elections Administrator shall be responsible for conducting the post-election manual recount required by Section 127.201 of the Texas Election Code unless a waiver is granted by the Secretary of State. Notification and copies of the recount, if waiver is denied, will be provided to the Entity and the Secretary of State's Office. X. ELECTION EXPENSE AND ALLOCATION OF COSTS The Entity agrees to reimburse Lamar County for the actual costs of administering its elections including, but not limited to, the actual costs of supplies, printing, programming, personnel, and polling place rental fees. The Entity agrees to reimburse Lamar County for overtime wages and benefits paid to the permanent employees of The Elections Administrator for Contractual duties performed outside the normal business hours of Lamar County in accordance with Section 31.100(e) of the Texas Election Code. The Entity further agrees to pay Lamar County an administrative fee equal to ten percent (10%) of its total billable costs in accordance with Section 31.100(d) of the Texas Election Code. The fee may not be less than $75.00. XI. TERMINATION The Elections Administrator's Office and each contracting Entity each have the right to terminate this agreement at any time upon written notice to the other party with payment of all outstanding bills for election services incurred prior to the date of the notice. In no case will a contract be terminated less than forty-five (45) days prior to an election or after receipt of the below mentioned partial payment as discussed in paragraph XVII. XII. WITHDRAWAL FROM CONTRACT DUE TO CANCELLATION OF ELECTION The Entity may withdraw from this Contract should it cancel its election in accordance with Sections 2.051 - 2.053 of the Texas Election Code. XIII. RECORDS OF THE ELECTION The Elections Administrator is hereby appointed general custodian of the voted ballots and all records of the election as authorized by Section 31.096 of the Texas Election Code. Access to the election records shall be available to the Entity as well as to the public in accordance with applicable provisions of the Texas Election Code and the Texas Public Information Act. The election records shall be stored at the offices of the Elections Administrator, who shall ensure that the records are maintained in an orderly manner so that the records are clearly identifiable and retrievable. Records of the election shall be retained and disposed of in accordance with the provisions of Section 66.058 of the Texas Election Code. If records of the election are involved in any pending election contest, investigation, litigation, or open records request, the Elections Administrator shall maintain the records until final resolution or until final judgment, whichever is applicable. It is the responsibility of the Entity to bring to the attention of the Elections Administrator any notice of pending election contest, investigation, litigation or open records request which may be filed with the Entity. The Elections Administrator shall notify the Entity of the planned destruction of any records of the election prior to the record's destruction. XIV. SPECIAL ELECTIONS The Entity understands and agrees that the cost estimates provided within this contract are for the Entity's general election and that any additional special election(s) called may increase the cost of the election. XV. RECOUNTS A recount may be obtained as provided by Title 13 of the Texas Election Code. The Entity agrees that any recount shall take place at the offices of the Elections Administrator, and that the Elections Administrator shall serve as Recount Supervisor and the official of the Entity performing the duties of a secretary under the Texas Election Code, or its lawful designee, shall serve as Recount Coordinator. The Elections Administrator agrees to provide advisory services to the Entity as necessary to conduct a proper recount. XVI. COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT The Elections Administrator will assist the Entity in securing adequate polling places, rent free if available; however, it is the responsibility of the Entity to ensure that the polling places comply with current accessibility standards as set forth in the Americans With Disabilities Act and any state or local laws or ordinances. Accessibility compliance shall be at the Entity's expense. In the event that compliance cannot be achieved, the Entity agrees to indemnify the Elections Administrator and Lamar County, Texas from any resulting liability, whether civil or criminal. XVII. MISCELLANEOUS PROVISIONS A. It is understood that to the extent space is available, that other political subdivisions may wish to participate in the use of the County's election equipment, and it is agreed that the Elections Administrator may contract with such other political subdivisions for such purposes and that in such event there may be an adjustment of 2 the pro -rata share to be paid to the County by the participating authorities. B. The Elections Administrator shall file copies of this document with the Lamar County Treasurer and the Lamar County Auditor in accordance with Section 31.099 of the Texas Elections Code. C. In the event that legal action is filed challenging the Entity's election, each party hereto shall defend its own actions, officials and employees. Provided, however, if it is determined that the legal action brought against Lamar County or the Lamar County Elections Administrator or any additional election personnel, is based solely on the negligent acts or the wrongful intentional actions of the entity, then the Entity shall provide, at its own expense, legal representation for the County, the Elections Administrator, and additional election personnel as necessary save and except in any instance whereby an unlawful or otherwise improper act or omission of the County, the Election Administrator or another Entity participating in the election has precipitated such legal action. D. The County and the Entity agree that under the Constitution and laws of the State of Texas, neither the County nor the Entity can enter into an agreement whereby either party agrees to indemnify or hold harmless another party; therefore, all references of any kind, if any, to indemnifying or holding or saving harmless for any reason are hereby deleted. E. This Contract shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Lamar County, Texas. F. In the event one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof and this Contract shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. G. All parties shall comply with all applicable laws, ordinances, and codes of the State of Texas, all local governments, and any other entities with local jurisdiction. H. The waiver by any party of a breach of any provision of this Contract shall not operate as or be construed as a waiver of any subsequent breach. I. Any amendment of this Contract shall be of no effect unless in writing and signed by all parties hereto. XVIII. COST ESTIMATES AND DEPOSIT OF FUNDS The estimated cost for such services will be computed by the Elections Administrator and 7 delivered to each contracting Entity within sixty (60) days prior to the election. Each contracting Entity shall pay the Elections Administrator twenty-five (25) percent of the total cost within ten (10) days after ordering the election, and no later than forty-five (45) days prior to the election, as partial payment for contract election services. After the date of the election and completion of all duties required by the Elections Administrator, the Elections Administrator shall then compute the final statement for all services rendered, together with administrative fees, less any partial payments and bill each contracting Entity, as applicable, such sum. Each contracting Entity shall be responsible for paying this amount within thirty (30) days from the date of billing. It is understood by the Entity that the actual expenses for this election may exceed the estimate. It is further understood by the Entity that this estimate is based on the participation of other Entities in this election. If one or more of these other Entities chooses not to participate, or if they cancel their election as allowed by law, their share of the total election expenses will be distributed among the other participating Entities. In the event that the Entity disputes any portion of the charges, fees or costs payable under this Contract, the Entity agrees to promptly pay the undisputed amounts when due. XIX. MODIFICATION OF ESTIMATED COSTS FOR ELECTION The Estimated Costs of Election set forth in the attached Exhibit A3 may be modified once a year, upon agreement of both the Elections Office and each contracting Entity. Signatures of the Elections Office Administrator and the Entity Official on the modified costs shall evidence such modification. XX. Each contracting Entity agrees to jointly hold an election, if necessary, with another contracting Entity such as City, School, Hospital, etc. XXI. Each person signing below acknowledges their signature as acting on behalf of the Entity they represent. XXII. If a contracting Entity certifies their election in accordance with §2.051, 2.052, and 2.053 of the Texas Election Code, they may withdraw from this contract by informing the Elections Office in writing. IN WITNESS WHEREOF, the parties hereto have made and entered into this Agreement this --------------.day of_.....�.............. ........................m.m.m .. � 2022. COUNTY OF LAMAR Tricia Johnson, Lamar County Elections Administrator CITY OF PARIS Grayson Path, City Manager City of Paris, Texas N. EXHIBIT Al Functions Delegated to the Lamar County Elections Administrator 1. Arrange for the notification, including writs of Election, training, and compensation for all presiding judges, alternate judges and clerks. 2. Provide training of all election workers and personnel. 3. Provide training materials for each election worker. 4. The Elections Administrator will be responsible for notifying each election judge and alternate judge of his or her appointment and for determining the number of clerks or other election workers authorized to work at each voting location. 5. Arrange for the use and compensation of polling locations. 6. Pay cost of election judges and clerks: Each election judge and clerk will receive $12.00 per hour (for a maximum of 14 hours). The election judge or his designated clerk will receive an additional $25.00 for delivering election returns and supplies to the Elections Administrator's Office after the polls close (See attached Estimated Costs for Election). 7. Procure, prepare, proof and distribute ballots. (See attached Estimated Costs for Election). 8. Procure, prepare and distribute election judge kits. (See attached Estimated Costs for Election). 9. Prepare the list of registered voters to be used in conducting the election at no cost. 10. Conduct the testing of the electronic tabulation equipment. 11. Supervise the handling and disposition of election returns, voted ballots, and tabulate unofficial returns and assist in preparing the tabulation for the official canvass. 12. Provide at no cost for the storage of election records as provided by law. 13. Provide at no cost, copies of all invoices received by the Elections Administrator's Office for payment of services or supplies of which each contracting Jurisdiction, as applicable, is to reimburse the Elections Office for payment. 14. Supervise the conduct of early voting in person and by mail and supply personnel to serve as deputy early voting clerks. (See attached Estimated Costs for Elections). 15. All requests for early voting ballots by mail that are received by each contracting Jurisdiction will be transported by the Jurisdiction on the day of receipt to the Elections Office for processing. Persons voting by mail will send their marked ballots to the Elections Office. (See attached Estimated Costs for Election). 16. An Early Voting Ballot Board appointed by the Elections Office will prepare all early voting ballots (those cast by mail and those cast by personal appearance) for count. (See attached Estimated Costs for Elections). 17. Hire and train early voting ballot board central count personnel. 18. The Elections Office will be responsible for payment to all parties who have provided services, supplies and voting locations for the election. A contracting Jurisdiction shall not be liable to any third parties by default of the Elections Office in connection with holding the election, including failure by Lamar County or its Elections Office to pay for services, supplies and voting locations for this election. The Elections Administrator's Office will set the dates for Monday, October 24, 2022 through Friday, November 4, 2022, from 8:00 a.m. to 5:00 p.m. with no weekend voting. 0 19. The Elections Office will be responsible for delivering and picking up voting equipment. 20. The Elections Office will be responsible for the handling of mail in ballots. 21. The Elections Office will be responsible for tabulating votes. 22. The Elections Office will be responsible for programming ballots. 23. The Elections Office will be responsible for providing phone bank workers (early voting and Election Day). 24. The Elections Office will be responsible for programming and predefining early voting and Election Day equipment. 25. The Elections Office will be responsible for Logic and Accuracy Testing. 26. The Elections Office will be responsible for Public Testing. 27. The Elections Office will be responsible for compiling and mailing writs and orders of the election to the Presiding Judge and Alternate Judge of each precinct. 28. The Elections Administrator will prepare the unofficial tabulation report after all precincts have been counted, and will provide a report to each Jurisdiction as soon as possible after all returns have been tabulated either by e-mail or by phone, as agreed by each Jurisdiction. Each Jurisdiction will be responsible for the official canvass of its Elections. (See attached Estimated Costs for Election). 29. Will provide an ADA compliant facility. 10 EXHIBIT A2 Functions Reserved to the Entity. 1. Will provide Measures for ballot. 2. Will provide order of Candidates and/or Measures. 3. Will provide an ADA compliant facility. 4. Will publish all legal notices and documents that are required by law. 5. Preparation of election orders, resolutions, notices and other pertinent documents for adoption or execution by the appropriate office or body. 6. Posting or publication of election notices. 7. Deliver to the Elections Office as soon as possible, but no later than three (3) days after closing of candidate filing deadline, the official wording for the election that is to be printed on the ballot with the exact form, candidate order, wording and spelling that is to be used. 8. Pay any additional costs incurred by the Elections Office if a recount for the election is required, or the election is contested in any manner by a contracting Jurisdiction as applicable. 9. Provide to the Elections Office a copy of the election notices and orders and any Department of Justice submissions. 10. Provide to the Secretary of State a precinct -by -precinct report of the election returns in an electronic format. 11 EXHIBIT A3 CITY OF PARIS - 2022 SPECIAL ELECTION CONTRACT SERVICES ESTIMATE DESCRIPTION . AMOUNT... NOTES BALLOT PRINTING .. ...............__...�.. $2,512.90 ....... ..... ,..... 7,035 BALLOTS _ PROGRAMMING $1,825.10.... ,,,,�............ .. PUBLICATIONS $100.00 �� MACHINE TESTING PUBLICATION �...... �............. ...............__----...... r ,... , ELECTION KITS .. _ �........ ............. .....�.� .... ... $165.00 ......... ............... ....... _..... 1 EV KIT, 2ED KITS_ RENTAL OF COUNTY EQUIPMENT $2,000.00 EARLY VOTING: $200/DAY ELECTION DAY: $200/LOCATION EARLY VOTING CLERKS $1,680.00 2 CLERKS X $12.00/HR X 70 HOURS ELECTION DAY ..........m. ..........._............... JUDGE & CLERKS .. ..... .- ....... $1,680.00 _ 2 JUDGES, 8 CLERKS X $12.00/HR X 14 HOURS FEE FOR DELIVERY OF SUPPLIES $50.00 $50.00 ...... 2 JUDGES X $25.00 CENTRAL COUNTING STATION $384.00 2 CLERKS X $12.00/HR X16 HOURS BOARD EARLY VOTING BALLOTERE $108.00 1 JUDGE, 2 CLERKS X -X $12.00/HR� X 3 HOURS ..... ...... ......... ................................................ LATE & PROVISIONAL BALLOT .........._- $36.00 --.... ........ ...... 1 JUDGE, 2 CLERKS X $12.00/HR BOARD ... X 1 HOUR MISC...... ................. - _ ............. _ ......... ......... _.......m ....m.......... m .................... CONTRACT ADMIN FEE ......... ..... ...,. TOTAL $11,594.00 12