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24 - Authorizing City Attorney to make revisions to City's Home Rule CharterItem No. 24 TO: City Council Grayson Path, City Manager FROM: Stephanie H. Harris, City Attorney SUBJECT: Ordinance authorizing city attorney to do "clean-up" revisions to city's Home Rule Charter DATE: November 14, 2022 BACKGROUND: On November 8, 2022, the voters of the City of Paris passed, among other amendments, Proposition X, an amendment to Sec. 151 of the city's Home Rule Charter. Proposition X read as follows: Shall Sec. 151 of the Charter be amended to specify how its language is to be interpreted with regard to gender, arrangement or articles, sections and subsections, and to eliminate references to particular state statues, as appropriate? This is essentially a "clean-up" provision, as some charter sections have been deleted and others added. Upon approval of the voters, Sec. 151 now reads as follows: Sec. 151. Renumbering of charter, elimination of gender -specific reference, and elimination of references to specific state statues. 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. STATUS OF ISSUE: The attached ordinance authorizes the city attorney to make those editing changes approved by the voters when they approved Proposition X. BUDGET: N/A. RECOMMENDATION: Motion to adopt an ordinance authorizing the city attorney to edit the charter in accordance with Section 151 as approved by the voters on November 8, 2022. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, DIRECTING THE CITY ATTORNEY TO REVISE THE HOME RULE CHARTER OF THE CITY OF PARIS IN ACCORDANCE WITH PROPOSITION X, APPROVED BY VOTERS ON NOVEMBER 8, 2022; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE; 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, and as ordered by the City Council by Ordinance No. 2022-049, amendments to the Charter set forth in Propositions A -X were submitted to the qualified voters in a city-wide election; and WHEREAS, in conformance with the Texas Election Code, said election was conducted at one of the uniform election dates set out in the Election Code, being November 8, 2022, with early voting being Monday October 31, 2022 through Friday November 4,2022; and, WHEREAS, on this date, November 14, 2022, the City Council passed Ordinance No. 2022-_ canvassing the results of said election at which, among others, Proposition X was passed by the voters to wit: "Shall Sec. 151 of the Charter be amended to specify how its language is to be interpreted with regard to gender, arrangement or articles, sections and subsections, and to eliminate references to particular state statues, as appropriate?"; and WHEREAS, upon the passage of said Proposition X, Sec. 151 of the Charter will now read as follows: Sec. 151. Renumbering of charter, elimination of gender -specific reference, and elimination of references to specific state statues. 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. 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 the city attorney is hereby authorized, as required by the passage of Proposition X amending Section 151 of the city's Home Rule Charter on November 8, 2022, to: to renumber and rearrange all articles, sections, and subsections of said Home Rule Charter or amendments thereto; eliminate gender -specific references from various provisions therein and to substitute gender -neutral terms as deemed appropriate; and eliminate from various provisions therein all references to specific state statutes, as appropriate. Section 3. That all provisions of the ordinances of the City of Paris, Texas in conflict with the provisions of this ordinance are hereby repealed, and all other provisions of the ordinances of the City of Paris not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 4. That the repeal of any ordinance or part of ordinances affected by the enactment of this ordinance shall not be construed as abandoning any action now pending under or by virtue of such ordinance or as discontinuing, abating, modifying, or altering any penalty accruing or to accrue, or as affecting any rights of the municipality under any section or provisions of any ordinance at the time of passage of this ordinance. Section 5. That it is the intention of the City Council of the City of Paris that this ordinance and every provision hereof, shall be considered severable, and the invalidity or partial invalidity of any section, clause, or provisions of this ordinance shall not affect the validity of any other portion of this ordinance. Section 6. That this ordinance shall become effective upon passage. PASSED AND ADOPTED this 14th day of November, 2022. Paula Portugal, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: Stephanie H. Harris, City Attorney