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