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2022-084 - Canvassing a City-Wide Special Election Held on November 8, 2022 to Consider Propositions Calling for Amendments to the City Charter ORDINANCE N0. 2022-084 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, CANVASSING A CITY-WIDE SPECIAL ELECTIOIV HELD ON NOVEMBER 8, 2022 TO COIVSIDER PROPOSITIONS CALLING FOR AMENDMENTS TO THE CITY CHARTER; 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 A-X as attached hereto in Exhibit "A". were submitted to the qualified voters in a city-wide election and all were approved except for Proposition E as attached hereto in Exhibit"B"; 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 as ordered by the City Council on August 8, 2022 in Ordinance 2022-049; and, WHEREAS, the election was 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 did 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 City of 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 was 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.,with early voting held October 31, 2022 through November 4, 2022, 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 adopted by the voters shall take effect upon their adoption and the entering of an order by the City Council declaring the amendments adopted. Section 3. That pursuant to state law and Sec. 149 of the Charter,amendments to the Charter A-X as attached hereto in Exhibit"A".were submitted to the qualified voters in a city-wide election and all were approved except for Proposition E as attached hereto in Exhibit"B"; and Section 4. That this ordinance shall be effective from and after its date of passage. PASSED AND ENACTED by the Ciry Council of the City of Paris in regular meeting, at the City Hall of said City, on this 14th day of November, 2022. ,� o � ,,�:�.=��..t,; ` G2' :. — v�6,;sl�k�i�iE�,�T�;,,+ , ,,,,. Paula Portugal, Mayor t'� ATTEST: ��` •.o�Y _ .�= :�: , .����^ �°;``sw`,� J 1Ce EII1S, C1�CIeT'k '.,a+�r°'net��b�� AP OVED AS TO FORM: St ph nie H. Harris, City Attorney SPECIAL ELECTION FOR AMENDMENTS TO THE C1TY CHARTER OF THE CITY OF PARIS TEXAS TUESDAY,NOVEMBER 8,2022 OFFICIAL BALLOT Proposition A S'hall Sec, 17 of the Char-ter 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,f'rom the first meeting in May to the last meeting in April, unless excused by the remainrng members of the Council? ❑For ❑ Against Proposition B 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 Proposition C Shall Sec. 38 of the Charter be amended to delete outdated language related to retirement pensions, insurance, and disabled employees, in ordeY to re,flect current operations and policy? ❑ For o Against Proposition D Shall Sec. 43 of the Charter be amended to clarify that the City Manager rreay distribute the work of each administrative department without establishment of an ordinance, in order to reflect current operations and policy? o For ❑ Against EXHIBIT "A" Proposition E Shall Sec. 48 of the Charter be amended to provide that the City Manager is not required to cause copies o.f the City budget, to be copied and distributed to all interested persons? ❑ For ❑ Against Praposition F 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 raot required to do so at the meeting at which the budget is submitted, in order to reflect current operations and policy? ❑ For ❑ Against Proposition G Shall Sec. SO of the Charter be amended to delete unnecessary language referring to adjournment of public hearings on the budget? ❑ For ❑ Against Proposition H Shall Sec. 52 of the Charter be amended to clarify that the City Council may provide for the use of reset-ve funds, as necessary, when adopting the budget? ❑For ❑ Against Proposition I Shall Sec. SS of the Charter be amended and updated to eliminate the outdated requirement to file the City budget with the counry clerk ofLamar County and the state comptroller and the use of mimeographing to copy the budget? ❑ For ❑ Against 2 Proposition J Shall Sec. 59 of the Charter be amended to delete reference to the National Committee_on Municipal Accounting, which no longer exists? ❑ For ❑Against Proposition K Shall Sections 61 through 6b of the Charter be amended to delete outdated tanguage 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 Proposition L Shall Sec. 67 of the Charter be amended to delete outdated language related to appaintment of a deputy director offinance? ❑ For ❑ Against Proposition M Shall Subsection (S) of Sec. 69 of the Charter be amended to delete outdated language regardang the Director of Finance's responsibilities of assessment of property in the City for tcz�ation? ❑ For ❑Against Proposition N 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 Proposition O 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? 3 a For ❑Against Proposition P 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 Proposition Q 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 Proposition R Shall Sec. 83 of the Charter be deleted because it is outdated and ignores the e.xistence of the Lamas-County Appraisal District? ❑ For ❑Against Proposition S Shall Sec. 1 DO of the Charter be amended to spec�certain exemptions from the power of initiative in order to protect against nuisance eff'orts related to initiative? ❑ For ❑ Against Proposition T 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? ❑ �'or ❑ Against 4 Proposition U Shall the language o.f Sections 119 through 130, regarding franchises and public utilities, be I replaced with new Sections 119 through 126 containing language that is consistent with cut-rent state law regarding the City's authority to regulate rates and grant franchises? ❑ Far ❑Against Proposition V Shall Sec. 14� of the Charter be amended to provide that the City shall rcot be obligated to � recognize any assignrnent of wages ar funds by its employees, agents, or contractors except by court order or as otherwise required by state law? ❑ For ❑Against Proposition W Shall Sec. 149 of the Charter be amended to provide that not less than every fave years the City Council shall appoint a Charter Commrssion to review the Charter do specify how the Commtssion members shall be selected and to require Commission members to attend Commission meetings? ❑ For ❑Against Proposition X Proposition x ballot lan�iage shall read: Shall Sec. ISI of the Charter be amended to speci,fy how its language is to be interpreted with regard to gender, arrangement of articles, sections and subsections, and to eliminate references to�articular state statutes, as appropriate? ❑ For ❑Against i� 5 Summary Results Report UNOF�ICIAL RESULTS 2022�1 Q8_Lam�r County General Election August 12, 2022 Lamar Coun#y Ptoposition A C'rty of Paris Vpte Fw 1 TOTAL Absentee Earfy Eiection Provisional Voting Day For 4,735 233 2,805 7,b97 D Against 308 12 180_ _116 U Totai Votes Cast 5,093 245 2,985 1,813 D Precincts Reportin� 8 of e Election Summary•11/OB/2022 B:01 PM Repart generated with Electionware Copyright�2007-2020 EXHIBIT rrB�i Summary Results Report UNOFFICIAL RESULTS 20221108_Lamar County General Election j August 12, 2022 Lamar County ' Proposition B City of Paris vote For t TOTAL Absentee Early Election Provisional Voting Day For 3,b82 183 2,2i4 1,285 0 Against 1,171 51 b56 464 0 I TotalYotesCast 4,853 234 2,870 1,749 0 , Precincts Reporting S of 8 II Propasition C City oi Paris vote For i � TOTAL Absentee Early Election Provisional Voting Day For 3,662 180 2,221 1,261 0 Against 1,179 49 670 460 0 �i Tota)Yotes Cast 4,841 229 2,891 1,721 0 Precincts RepoAing 8 of 8 I Proposition D City of Paris ' vote For 1 TOTAL AhseMee Early Ele�tion Provisional '� Voting Day I For 3,163 163 1,974 1,OA6 0 I Against 1,616 64 893 659 0 Total Votes Cast 4,799 227 2,867 1,705 0 I Precincts Reporting 8 of 8 Proposition E City of Paris Vote For� TOTAL Abseniee Early Efeciion Provisional Voting Day For 1,839 101 7,194 544 0 A�ainst 2,980 127 1,682 1,171 0 ToWI Votes Cast 4,819 228 2,876 1,715 0 Precincts Reporting 8 of S Proposition F City of Paris Vote For 1 TOTAL Absentee Early Election Provisional Voting Day Fo� 3,07b 152 1,987 1,D37 0 Against 1,b82 71 948 663 � Total Votes Cast 4,758 223 2,835 1,700 0 Precinds Reporting 6 of 8 Proposition G City of Paris Vate For 7 TOTAL A6sentee Early Election Provisional Voting Day For 3,521 1b1 2,138 1,222 0 Against 1,268 52 717 489 0 Tohl Votes Cast 4,789 223 2,855 7,711 0 Precincts Reportina 8 of 8 E�ectionSummary-11/08/2022 8:01 PM Report generated with Electionware Copyright�2007-2020 Summary Results Report UNOFFICiAL RESULTS 20221108_Lamar County General Election August 12,2022 Lamar County Proposition N City of Paris Vote For 1 TOTAL Absentee Early Election Provisional Voting Oay for 3,344 163 2,005 1,172 0 Against 1,414 b0 826 526 0 Total Votes Cast 4,754 223 2,831 1,700 0 Precincts Reporting 8 af B Proposition I City of Paris Vote For 1 TOTAL A6sentee Early Election Provisional Voting Oay For 3,330 153 2,053 1,124 0 Against 1,425 67 784 574 0 Total Yotes Cast 4,755 220 2,837 1,698 0 Precincts Reparting 8 of 8 Proposition J City of Paris Vote For� T07A1 Absentee Early Election Provisional Voting Day For 4,�72 201 2,433 1,438 0 A�ainst 694 22 408 264 0 Tatal Votes Cast 4,766 223 2,847 1,702 0 Precincts Reporting 8 of 8 Proposition K Ciry of Paris Vote For� TOTAL Absentee Early Election Provisional Voting Day For 3,713 175 2,244 1,294 0 Against 1,042 47 541 404 0 Total Votes Cast 4,755 222 2,835 1,696 0 Precincis Reporting S of 8 Proposition L City of Paris Vote For 1 TOTAL Absentee Early Election Provisional Voting Day For 3,661 373 2,235 7,272 0 Against 1,062 46 594 422 D TotatVotes Cast 4,743 279 2,830 1,694 0 Precincts Repofting 8 of 8 Proposition M City of Paris Vote For 1 TOTAL Absentee Early Election Provisional Voting Oay For 3,535 17U 2,141 1,224 0 Against 1,204 53 683 468 0 �, Total Yota Gast 4,739 223 2,824 1,692 0 Precincts Reporting B of 8 ElectionSummary-11/08/2022 S:01PM Report generated with Electionware Copyright�2D07•2020 Surnmary Results Report UNOFFICIAL RESULTS 20221108_Lamar County General Election August 12, 2022 Lamar County Proposition N City of Paris V�e Far 1 TOTAL Absentee Early Election Provisional Voting Day For 4,OD9 202 2,419 1,388 0 Against 745 23 410 312 � Total Yotes Cast 4,75< 225 2,829 1,700 � Precincts Reporting B ai 8. Proposition 0 City of Paris Vote For 1 T6TAL Absentee Early Election Provisional Voting Day Fot 3,541 1b9 2,142 1�230 D Against 1,163 50 662 451 0 Total Votes Cast 4,704 219 2,804 1,481 Q Precincts Reporting 8 af S Proposition P Ciry of Paris Vote For 1 TOTAL Absentee Early Election Provisional Voting Day For 3,634 177 2,219 1,238 0 Against 1,068 45 588 435 0 Total Yotes Gast 4,702 222 2,807 1,673 0 Precincts Reporting 8 of B Proposition Q City of Paris Vote For 1 TOTAL Absentee Early Election Provisional Voting Day For 3,905 185 2,354 1,366 0 Against 824 37 468 319 0 Tota)Vota C�st 4,729 222 2,822 1,685 0 Precincts Reporting 8 of 8 Proposition R City of Paris Vote For 1 TOTAL Ahsentee Early Election Provisional Voting Day For 3,837 193 2,311 1,333 0 Against SSb 34 505 347 0 TotaiVotes Cast 4,723 227 2,816 1,680 0 Precinets RepoRing B of 9 Proposition S City of Paris Vote Far 1 TOTAL Absentee Early Election Provisional Voting Day For 3,404 155 2,042 1,157 � Againsi 1,20D 55 6b8 477 0 Toial Votes Cast 4,60A 210 2,760 7,634 0 Precincts ReportinQ 8 of 8 ElecTionSummary-11/OB/2022 8:01 PM Report genereted with Electionware Copyright O 2007-2�2D Summary Results Report UNOFFICIAL RESULTS 20221108_Lamar County General Election August 12,2022 Lamar County Proposition T City of Paris Vote For 1 TOTAL Absentee Early EleCtion Provisional Voting Day For 3,418 16D 2,077 1,181 0 Against 1,18D 54 674 452 0 Totai Votes Cast 4,598 214 2,751 1,633 0 Precincts Reporting 6 of 8 Proposition U City af Paris Vote For 1 TOTAL Absentee Early Ele�tion Provisional Voting Day For 3,813 187 2,292 1,334 0 Rgainst 868 35 504 329 0 Total Votea Cast 4,681 222 2,796 1,663 0 Precincis Reportin� 8 of e Proposition V City of Paris Vote For 7 TOTAL Absentee Eariy Flection Provisionai Voting Day For 3,189 166 1,9fi7 1,056 0 Against 1,483 50 827 606 0 7otai Vates Cast 4,672 21b 2,794 1,662 0 Precincts Reporting 8 of 8 Proposition W City of Paris Vate For 1 TOTAL Absentee Eariy Election Provisional Voting Day For 4,077 195 2,438 1,444 0 A�ainst 6d1 27 397 217 0 Total VMes Cast 4,718 222 2,835 1,661 0 Precincts Reparting 8 of 8 Proposition X City of Paris Vote For t TOTAL Ahsentee Early Election Provisional Voting Day For 3,067 159 1,892 1,016 0 Against 1,b02 59 907 636 0 Total Vot�s Cast 4,6fi9 218 2,799 1,652 0 Precincis Reporting S of S Election Summary-11/08/2022 8:01 PM Report generated with Electionware Copyright Q 2007-2020 ,