2022-049 - Ordering a City-Wide Special Election for 11-8-2022 propositions calling for amendments to the City CharterORDINANCE NO. 2022-049
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
ORDERING A CITY-WIDE SPECIAL ELECTION TO BE HELD ON NOVEMBER
8, 2022 TO CONSIDER PROPOSITIONS CALLING FOR AMENDMENTS TO
THE CITY CHARTER; PRESCRIBING THE FORM OF THE BALLOT;
PERMITTING ONLY RESIDENT QUALIFIED VOTERS TO VOTE; PROVIDING
FOR EARLY VOTING; PROVIDING FOR AN EARLY VOTING BALLOT
BOARD; PROVIDING FOR NOTICE OF THE ELECTION; MAKING OTHER
FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING
AN EFFECTIVE DATE.
WHEREAS, the City of Paris, Texas is a home rule municipal corporation governed by
a Home Rule Charter (the "Charter"); and
WHEREAS, said Charter was adopted by the qualified registered voters of the city in
1948, and the voters have revised the Charter many times thereafter, including a substantial
revision in 2007 and a minor revision in 2011; and
WHEREAS, the City Council appointed a charter review commission in 2015 which
proposed no new amendments the Charter; and
WHEREAS, on August 9, 2021, by Ordinance No. 2021-024, the City Council
appointed a charter review commission (the "Commission") to conduct a comprehensive
review of the existing Charter and to make recommendations as to any amendments deemed
necessary thereto; and
WHEREAS, said Commission met several times during the months of September,
October, and November of 2021 and presented its report to the City Council on December
13, 2021 recommending substantial changes to the Charter; and
WHEREAS, pursuant to state law and Sec. 149 of the Charter, amendments to the
Charter must be submitted to and approved by the qualified voters of the city in a city-wide
election; and
WHEREAS, in conformance with the Texas Election Code, said election must be
conducted at one of the uniform election dates set out in the Election Code, the next available
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
amendments to the Charter; and,
WHEREAS, the election shall be administered by the Lamar County Elections
Administrator in accordance with the terms of the City's contract with Lamar County, the
City Charter of the City of Paris, Texas, Texas Election Code, and Paragraphs 2, 3, 5, 6 and 7
of the District Court Order entered March 15, 1976, in Civil Action No. P -75 -3 -CA, in the
United District Court for the Eastern District of Texas, Paris Division, and the laws of the 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
voters of the City of Paris twenty-four (24) propositions to amend the Home Rule Charter of
the City of Paris, Texas. The proposed amendments shall take effect upon their adoption and
the entering of an order by the City Council declaring the amendments adopted.
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 in such 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 incorporated by reference as if fully set forth herein.
Section 4. 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
conducted in accordance with the Contract for Election Services attached hereto as Exhibit
B.
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. Earlyvoting 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, MayorW
APP OVED AS TO FORM:
Stepi inie H. Harris, City Attorney
EXHIBIT —FORM OF BALLOT TO BE PRINTED IN ENGLISH AND SP NISH
Proposition A
Proposition A ballot lan uagg shall read:
Shall Sec. 17 of the Charter be amended to provide that a member of the Council shall
immediately forfeit his or her office if he or she fails to attend at least 75% of council
meetings in any year from the first meeting in May to the last meeting in April, unless
excused by the remaining members of the Council?
❑ For
❑ Against
If Proposition A is approved by the voters on November 8, 2022, Sec. 17 of the Charter will
thereafter read as follows:
Sec. 17. Qualifications.
Each of the seven councilmen shall be at 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 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. 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, 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. Furthermore, a member of the
council shall immediately forfeit his or her office if he or she fails to attend at
least seventy-five percent (75%) of the Council's regular meetings in any year
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
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.
Proposition B
Pro position B ballot la.m.;uaf e sh,111 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 D ballot language 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
Preposition 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
Proposition 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
Proposition 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
Proposition H ballot Ian g�ihall 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,
NE'=M
PpQpositIua'T(Lshall read:
Ion.I ballot
Shall Sec. 55 o the Charter be amended and updated to eliminate the outdatM
RM
ER=
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.
Shall Sec. 59 of the Charter be amended to delete reference to the National Committee
on Municipal Accounting, which no longer exists?
Ems=
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
Paroposton K ballot lan gua Ye shall read:
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
Pro position.L ballot lanuae 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
Proh-Miton M ballot laRg_uaeshall read:
Shall Subsection (5) of Sec. 69 of the Charter be amended to delete outdated language
regarding the Director of Finances 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
Pro ,position N ballat,lan ua2e 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
%ua
r
ProPosition 0 ballot lane..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
Pro josition 0 ballot. language shall rpeg_d:
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
ProDosition R ballot langua eg 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 sositionvS ballot lag. ua e 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
Pr�stion T ballot Iana ,e sh 1 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
Prol)o5ition-U ballot langua ;e 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
construction or operation within the time prescribed or for failure otherwise
to comply with terms of the franchise, such power to be exercised only after
due notice and hearing;
(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;
(3) establish reasonable standards and quality of service and prevent unjust
discrimination in service and/or rates;
(4) prescribe, for each franchisee, the for 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;
(5) impose such reasonable regulations and restrictions as may be
deemed desirable or conducive to the safety, welfare and accommodation of
the public;
(6) 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 request.
(7) examine and audit at any time during normal business hours tire
accounts and records of the franchisee, -
(8) require compensation and rental fees, except as limited by state law,
for use of public streets, sidewalks, highways, alleys, and public places;
(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
arising out of any intentional or negligent act oro ission of the franchisee, or
any of its officers, agents, oremployees in connection with the franchisee's
construction, maintenance and operation of the franchisee's facilities in the
city.
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
Proppr1ition V ballot lan ua a shall read:
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.
Proposition W
Proposition W.ballot language h ll
Shall Sec. 149 of the Charter be amended to provide that not less than every five years
the City Council shall appoint a Charter Commission to review the Charter to specify how
the Commission members shall be selected and to require Commission members to
attend Commission meetings?
❑ For
❑ Against
If Proposition W is approved by the voters on November 8, 2022, Sec. 43 of the Charter will
thereafter read as follows:
Sec. 149. Amending the Charter.
Amendments to this Charter may be framed and submitted to the qualified
voters of the city by a Charter commission in the manner provided by law for
framing and submitting a new charter, or maybe proposed by a majority vote
of the full membership of the city council, or may be proposed by a petition
signed by not fewer than five percent of the number of qualified voters in
conformity with the provisions hereof. When a Charter amendment petition
shall have been filed with the council in conformity with the provisions of this
Charter as to petitions for initiated ordinances, the council shall forthwith
provide by ordinance for submitted such proposed amendment to a vote of the
voters. Any ordinance for submitting a charter amendment to the voters
shall provide that the election shall occur on the next available uniform
election date. Not less than 30 days prior to such election, the city clerk shall
provide to the qualified voters of the city, in such manners, times and places
as the council shall direct, information that shall inform the voters of the
purpose and effect of the proposed amendment, including its exact language.
If a proposed amendment is approved by a majority of the qualified voters
voting thereon it shall then become a part of the Charter. Each amendment
shall be confined to one subject; and when more than one amendment shall be
submitted at the same time, they shall be so submitted as to enable the voters
to vote on each amendment separately.
Not less than every five years, the council shall appoint a Charter review
commission to review the Charter and make recommendations to the council
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
manner: Each of the seven council members shall appoint two members to the
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
ProLiosition x_ballot lan jua eMshall 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
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 15' 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
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.)
4
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
E
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
31
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.
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
'17he estimated. cost for such servi(.;es will.l be cornl uted. by the Elections Administrator aril
N
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 infonning the Elections
Office in writing.
IN WITNESS WHEREOF, the parties hereto have made and entered into this Agreement this
........ day of ...... 2022.
COUNTY OF LAMAR
Tricia Johnson, Lamar County Elections Administrator
CITY OF PARIS
Grayson Path, City Manager
City of Paris, Texas
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.
X
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.
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EXHIBIT A3
CITY OF PARIS - 2022 SPECIAL ELECTION
CONTRACT SERVICES ESTIMATE
DESCRIPTION
AMOUNT
NOTES_
BALLOT PRINTING...
..
$2,512.90.
= 7,035 BALLOTS .,.-----------
TS
PROGRAMMING
$1,825.10
® ... _
PUBLICATIONS
----
$100.00MACHINE
------- ...-------- _... ......... ..........
TESTING PUBLICATION
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 JUDGE & CLERKS
$1,680.00
-- ....__ ........
2 JUDGES, 8 CLERKS X $12.00/HR
X 14 HOURS
FEE FOR DELIVERY OF SUPPLIES
......... ...
$50.00
S �..........................................................
2 JUDGE X $25.00
CENTRAL COUNTING STATION
$384.00
2 CLERKS X $12.00/HR X 16
HOURS
EARLY VOTING BALLOT BOARD
$108.00
...... ........ ---1 ...... .......-
1 JUDGE, 2 CLERKS X $12.00/HR
X 3 HOURS
.
LATE& PROVISIONAL BALLOT
$36.00
--------------------------------- ------- --------------- - - ------
- -LATE
1 JUDGE, 2 CLERKS X $12.00/HR
BOARD ,,M,.,.,.,...
X 1 HOUR
M ISC
.........„ _....
CONTRACT ADMIN FEE (10%)
$1,054 00
TOTAL $11,594.00
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