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30 - Adoption of Voter-Approved Amendments to the City's Home Rule CharterItem No. 30 TO: City Council Grayson Path, City Manager FROM: Stephanie H. Harris, City Attorney SUBJECT: Ordinance adopting voter -approved amendments to the city's Home Rule Charter DATE: December 12, 2022 BACKGROUND: On November 8, 2022, the voters of the City of Paris passed some 23 amendments to the city's Home Rule Charter (Propositions A -D and F -X). Proposition X was a clean up amendment which reads 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. On November 12, council passed Ordinance No. 2022-085 adopting this new Sec. 151 (renumbered in Exhibit B to the attached proposed ordinance as Sec. 129). STATUS OF ISSUE: I have since, as directed, gone through and made the changes set forth in the new section. Exhibit B to the proposed ordinance comprises the entire Charter, with all amendments set forth as approved by the voters and directed by Ordinance No. 2022-085 in strike Neagh -(deleted material) and underline (added material) for your convenience in review and for the ease of the publisher. RECOMMENDATION: Motion to adopt an ordinance adopting revisions to the city's Home Rule Charter as approved by the voters on November 8, 2022. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ADOPTING REVISIONS TO THE CITY'S HOME RULE CHARTER IN CONFORMANCE WITH ORDINANCE NO. 2022-084 AND ORDINANCE NO. 2022-085; MAKING OTHER FINDINGS RELATED TO THE SAME; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A PENALTY CLAUSE AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on August 9, 2021, by Ordinance No. 2021-024, the City Council appointed a Charter Review Commission to conduct a comprehensive review of the existing Charter and to make recommendations as to any amendments deemed necessary with the Commission meeting several times and presented recommended amendments to the Charter; and, WHEREAS, on August 8, 2022 by Ordinance No. 2022-049, City Council ordered a special election for the purpose of voters to consider the twenty-four propositions amending the City Charter attached hereto as Exhibit A; and, WHEREAS, on November 8, 2022, the voters of the City of Paris voted on Propositions A -X and all of the propositions passed, with the exception of proposition E; and, WHEREAS, on November 14, 2022, the City Council adopted Ordinance No. 2022-084 canvassing the results of the special election; and WHEREAS, on that same date, the City Council enacted Ordinance No. 2022-085 directing the city attorney to make such revisions necessary to renumber charter provisions, remove references to specific state statutes where appropriate, and revise gender specific language to gender neutral language; 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 Council hereby adopts the revisions to the Home Rule Charter of the City of Paris, Texas set forth in Exhibit B, attached hereto and incorporated by reference herein. 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, Texas 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 S. That any person violating any provision of this ordinance shall be guilty of a Misdemeanor, and upon conviction, shall be subject to a fine in accordance with provisions of Sec. 1.01.009 of Chapter One of the City of Paris Code of Ordinances, and each and every day's continuance of any violation of the above -enumerated sections shall constitute and be deemed a separate offense. Section 6. 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 7. That this ordinance shall become effective from and after its passage and publication as required by law. PASSED AND ADOPTED this 12th day of December, 2022. ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: Stephanie H. Harris, City Attorney 1) Paula Portugal, Mayor ORDINANCE NO. 2022-084 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, CANVASSING A CITY-WIDE SPECIAL ELECTION HELD ON NOVEMBER 8, 2022 TO CONSIDER 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 Exhi it"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 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 City Council of the City of Paris in regular meeting, at the City Hall of said City, on this 14th day of November, 2022. APPROVED AS TO FORM: St"Lph nie H. Harris, City Attorney °.. Paula Portugal, Mayor SPECIAL ELECTION FOR AMENDMENTS TO THECITYCHARTER OF THE CITY OF PARIS TEXAS TUESDAY, -NOVEMBER 8 ,2022 OFFICIAL BALLOT Proposition A 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? o For o 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? o 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 order to reflect current operations and policy? o For o Against Proposition D 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? o For I o 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 of the City budget, to be copied and distributed to all interested persons? ❑ For Proposition F ❑ Against Shall Sec. 49 of the Charter be amended to provide that the City Council shall frac 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 Proposition G ❑ Against Shall Sec. 50 of the Charter be amended to delete unnecessary language referring to adjournment ofpublic hearings on the budget? ❑ For Proposition H ❑ Against Shall Sec. 52 of the Charter be amended to clary that the City Council may provide for the use of reserve funds, as necessary, when adopting the budget? ❑ For Proposition I ❑ Against Shall Sec. 55 ofthe Charter be amended and updated to eliminate the outdated requirement to file the City budget with the county clerk of Lamar County and the state comptroller and the use of mimeographing to copy the budget? ❑ For ❑ Against 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 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 Proposition L Shall Sec. 67 of the Charter be amended to delete outdated language related to appointment of a deputy director of finance? ❑ For ❑ Against Proposition M Shall Subsection (5) of Sec. 69 of the Charter be amended to delete outdated language regarding the Director of Finance's responsibilities of assessment of property in the City for taxation? ❑ For ❑ Against 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? ❑ For Proposition P ❑ Against 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 Proposition Q ❑ Against 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 existence of the Lamar County Appraisal District? ❑ For Proposition S ❑ Against 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 Proposition T ❑ Against 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 4 ❑ Against Proposition U 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 grantfranchises? ❑ For Proposition V ❑ Against 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 Proposition W ❑ Against 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 Proposition X Pro osit�on x ballot lan a�aa �e sh rea 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 Summary Results Report 20221108 -Lamar County General Election August 12, 2022 Proposition A City of Paris vote for 1 TOTAL Absentee Early Election Provisional Voting Day For 41735 233 2,805 1,697 D Against 308 12180 ,. 116 0 Total Votes Cast5,DA3 245 .. 2,985 - 1,813 D Precincts Repo!#ng, a of.B Election Summary -11/0012022 8:01 PM Report generated with Electionware Copyright ® 2007.2020 EXHIBIT "B" UNOFFICIAL RESULTS Lamar County Summary Results Report 20221108 -Lamar County General Election August 12, 2022 Proposition B City of Paris Vote For t For Against Total Votes Cast Precincts Reporting Proposition C City of Paris Vole For 1 For Against Total Votes Cast Precincts Reporting Proposition D City of Paris Vote For 1 For Against Total Votes Cast Precincts Reporting Proposition E City of Paris Vote For 1 For Against Total Votes Cast Precincts Reporting Proposition F City of Paris Vote For 1 For Against Total Votes Cast Precincts Reporting Proposition G City of Paris Vote For 1 For Against Total Votes Cast Precincts Reporting TOTAL Absentee Early Election Provisional Voting Day 3,682 183 2,214 1,285 0 1371 51 656 464 0 4,853 234 2,870 1,749 0 8of8 TOTAL Absentee Early Election Provisional Voting Day 3,662 180 2,221 1,261 0 1,179 49. 670 460 0 4,841 229 2,891 1,721 D 8of8 TOTAL Absentee Early Election Provisional Voting Day 3,183 163 1,974 1,046 0 1,616 64 893 659 0 4,799 227 2,867 1,705 0 8of8 TOTAL Absentee Early Election Provisional Voting Day 1,839 101 1,194 544 0 2,900 127 1,682 1,171 0 4,819 228 2,876 1,715 0 Sof 8 TOTAL Absentee Early Election Provisional Voting Day 3,076 152 1,887 1,037 0 1,682 71 948 563 0 4,758 223 2,835 1,700_ 0 8of8 TOTAL Absentee Early Election Provisional Voting Day 3,521 161 2,138 1,222 0 1,268 62 717 489 0 4,789 223 21855 1,711. 0 8of8 Election Summary -1110812022 8:01PM Report generated with Electionware Copyright 0 2007-2020 UNOFFICIAL RESULTS Lamar County Summary Results Report 20221108 -Lamar County General Election August 12, 2022 Proposition H City of Paris Vote For 1 TOTAL Absentee Early Election Provisional Voting Day For 3,340 163 2,005 1,172 0 Against 1,414 60 826 528 D Total Votes Cast 4,754 223 2,131 1,700 0 Precincts Reporting 8 of 8 Proposition I City of Paris Vote For i TOTAL Absentee Early Election Provisional Voting Day For 3,330 153 2,053 1,124 0 Against 1,425 67 784 574 0 Total Votes Cast 4,755 220 2,837 1,698 0 Precincts Reporting 8 of 8 Proposition J City of Paris Vote For 1 TOTAL Absentee Early Election Provisional Voting Day For 4,072 201 2,433 1,438 0 Against 694 22 408 264 0 Total Votes Cast 4,766 223 2,841 1,702 0 Precincts Reporting a of 8 Proposition K City of Paris Vote For TOTAL Absentee Early Election Provisional Voting Day For 3,713 175 2,244 1,294 0 Against 1,042 47 591 404 0 Total Votes Cast 4,755 222 2,835 1,696 0 Precincts Reporting a of 8 Proposition L City of Paris Vote For 1 TOTAL Absentee Early Election Provisional Voting Day For 3,681 173 2,236 1,272 0 Against 1,062 46 594 422 0 Total Votes Cast 4,743 219 2,830 1,694 0 Precincts Reporting 8 of 8 Proposition M City of Paris Vote For 1 TOTAL Absentee Early Election Provisional Voting Day For 3,535 170 2,141 1,224 0 Against 1,204 53 683 458 0 Total Votes Cast 4,739 223 2,824 1,692 0 Precincts Reporting B of 8 Election Summary -11/08/2022 0:01 PM Report generated with Electionware Copyright ® 2007.2020 UNOFFICIAL RESULTS Lamar County 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 Flection Provisional Voting Day For 4,OD9 202 2,419 1,388 0 Against 745 23 410 312 a Total Votes Cast 4,754 225 2,829 1,700 0 Precincts Reporting 8 of 8 Proposition 0 City of Paris Vote For 1 TOTAL Absentee Early Election Provisional Voting Day For 3,541 169 2,142 1,230 0 Against 1,163 50 1 662 451 0 Total Votes Cast 4,704 219 2,604 1,681 0 Precincts Reporting a of a Proposition P City of We Vote For t TOTAL Absentee Early Election Provisional Voting Day For 3,634 177 2,219 1,238 0 Against 1,068 45 58B 435 0 Total Votes Cast 4,702 222 2,807 1,673 0 Precincts Reporting 8 of 8 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 B24 37 468 319 0 Total Votes Cast 4,729 222 2,822 1,685 0 Precincts Reporting 8 of 8 Proposition R City of Paris Vote For 1 TOTAL Absentee Early Election Provisional Voting Day For 3,837 193 2,311 1,333 0 Against 886 34 SOS 347 0 Total Votes Cast 4,723 227 2,816 1,680 0 Precincts Reporting B of 8 Proposition S City of Paris Vote Far 1 TOTAL Absentee Early Election Provisional Voting Day For 3,404 155 2,092 1,157 D Against 1,200 55 668 477 0 Total Votes Cast 4,604 210 2,760 1,634 0 Precincts Reponirq 8 of a ElectionSumma,. -.-._��-.-... ry 11/08/2022 8:01 PM .�.__ _.--I--"- � .. .. .._ �„ Report generated with Electionware Copyright 0 2007.2020 Summary Results Report 20221108 -Lamar County General Election August 12, 2022 Proposition T City of Paris Vote For 1 TOTAL Absentee Early Election Provisional Voting Day For 3,418 160 2,077 1,181 0 Against 1,180 54 674 452 0 Total Votes Cast 41598 214 2,751 1,633 0 Precincts Reporting 8 of 8 Proposition U City of Paris Vote For 1 TOTAL Absentee Early Election Provisional Voting Day For 3,813 187 2,292 1,334 0 Against 868 35 504 329 0 Total Votes Cast 4,681 222 2,796 1,663 0 Precincts Reporting 8 of 8 Proposition V City of Paris Vote For 1 TOTAL Absentee Early Flection Provisional Voting Day For 3,189 166 1,967 1,056 0 Against 1,483 50 B27 606 0 Total Votes Cast 4,672 216 2,794 1,662 0 Precincts Reparting 8 of B Propoaltion W City of Paris Vote For 1 TOTAL Absentee Early Election Provisional Voting Day For 4,077 195 2,438 1,444 0 Against 641 27 397 217 Q Total Votes Cast 4,718 222 2,835 1,661 0 Precincts Reporting 8 of 8 Proposition X City of Paris Vote For 1 TOTAL Absentee Early Election Provisional Voting Day For 3,067 159 1,892 1,016 .0 Against 1,602 59 907 636 0 Total Votes Cast 4,669 218 2,799 1,652 0 Precincts Reponing 8018 Election Summary -11108/2022 8:01 PM Report generated with Electionware Copyright ® 2007-2020 UNOFFICIAL RESULTS Lamar County EXHIBIT B Home Rule Charter Note: indicates deleted material. Underlined indicates new material. Amendments relating to renumbering, statutory references, and gender neutral language made as directed by Ordinance No. 2022-085 pursuant to the passage of Proposition X. ARTICLE I INCORPORATION; FORM OF GOVERNMENT; TERRITORY § 1 Incorporation. The inhabitants of the City of Paris, within the corporate limits as now established or as hereafter established in the manner provided by this Charter, shall continue to be a municipal body politic and corporate in perpetuity, under the name of the "City of Paris." § 2 Form of government. The municipal government provided by this Charter shall be known as the "council manager government". Pursuant to its provisions and subject only to the limitations imposed by the state constitution and by this Charter, all powers of the city shall be vested in an elective council, hereinafter referred to as "the council', which shall enact local legislation, adopt budgets, determine policies, and employ the city manager, who shall execute the laws and administer the government of the city. All powers of the city shall be exercised in the manner prescribed by this Charter, or if the manner be not prescribed, then in such manner as may be prescribed by ordinance. § 3 Boundaries. The city shall maintain a current, accurate map of its boundaries in the manner required by state law. (Resolution 2007-055 adopted 5/21/07, Prop. 4) § 4 Creation of district boundaries. The City of Paris shall be divided into seven single -member districts for voting purposes only. The boundaries of each said district shall be depicted on the official voting district map of the City of Paris and shall be established in accordance with state and federal laws as they may, from time to time, be amended. (Ordinance 95-053, sec. 1, adopted 9/13/95) ARTICLE II CORPORATE AND GENERAL POWERS § 5 Powers of the city. The city shall have all the powers granted to municipal corporations and to cities by the constitution and laws of the State of Texas, together with all the implied powers necessary to carry into execution all the powers granted. The city may acquire property within or without its corporate limits for any city purposes in fee simple or any lesser interest or estate, by purchase, gift, devise, lease, or condemnation, and may sell, lease, mortgage, hold, manage and control such property as its interests may require; and, except as prohibited by the constitution of this state or restricted by this Charter, the city shall and may exercise all municipal powers, functions, rights, privileges and immunities of every name and nature whatsoever. The city may use a corporate seal; may sue and be sued, may contract and be contracted with, may implead and be impleaded in all courts and places and in all matters whatever; may cooperate with the government of the State of Texas or any agency thereof, the Federal Government or any agency thereof, or any political subdivision of the State of Texas, to accomplish any lawful purpose for the advancement of the interest, welfare, health, morals, comfort, safety and convenience of the city or its inhabitants; and may pass such ordinances as may be expedient for maintaining and promoting the peace, welfare and government of the city, and for the performance of the functions thereof. The enumeration of particular powers by this Charter shall not be deemed to be exclusive, and in addition to the powers enumerated therein or implied thereby, or appropriate to the exercise of such powers, it is intended that the City of Paris shall have, and may exercise, all powers of local self-government, and all powers as now exist or h e f Texas ma hereafter grilal Q h me rule cities enumerated in Chapter 4:3, Title 28, Revised Civil Statutes of the State of Tevias, of 1929, and- thear-Asamendatefy thereof and supplementary *h^"^*^, new ^" hereafter- enaetedF or any other powers which, under the constitution and laws of the State of Texas, it would be competent for this Charter specifically to enumerate, and also such further powers as may hereafter be granted under the constitution and laws of Texas. § 6 Extension of city limits upon petition. Whenever a majority of the qualified voters who are citizens of the State of Texas and inhabitants of any territory adjoining Paris, as said territory may be designated by the city council or in case there are no qualified voters in said territory, then when persons owning a majority of the land in area in said territory desire the annexation of such territory to Paris, they may present a written petition to such effect to the city council and shall attach to said petition the affidavit of one or more of their number to the effect that said petition is signed by a majority of such qualified voters, or in case there are no qualified voters said affidavit shall be to the effect that there are no qualified voters in said territory and that the persons signing said petition own a majority of the land in area in said territory, and the city council, after following the procedures established by state law, may by ordinance annex such territory to Paris and henceforth the said territory shall be a part of Paris, and the inhabitants thereof shall be entitled to all the rights and privileges or other citizens and shall be bound by the acts, ordinances, resolutions and regulations of said city. (Resolution 2007-055 adopted 5/21/07, Prop. 5) § 7 Extension of city limits by the city council. The city council shall have power by ordinance to fix the boundary limits of Paris; and to provide for the extension of said boundary limits and the annexation of additional territory lying adjacent to said city, with or without the consent of the territory and inhabitants annexed. The city council shall follow all provisions of state law regarding notice, public hearings, and other procedures required for annexation of territory by a home rule city. Any citizen of Paris, or of the territory to be annexed, shall have the right to contest said annexation by filing with the city council a written petition setting out their4hisl rereasons for said contest and after such citizen or citizens shall have been given an opportunity to be heard said ordinance, in original or amended form, as said city council in its judgment may determine, shall be finally passed, and the territory so annexed shall be a part of Paris and the inhabitants thereof shall be entitled to all rights and privileges of other citizens and shall be bound by the acts, ordinances, resolutions and regulations of said city. It=, 11 0,=OOMMWAt; .�' § 8 Change of district boundaries. -now I _J CLCS dill. UUL11UY-4)L_.*A11C1'T'T15C d&CMiUdLelyp PI-OVIUM- MCI 'Id" d be seven single -member districts within the city; and to subdivide each district now existing or that may hereafter be established so that each district shall contain as nearly as possible the same number of voters, and to change such districts from time to time as the city council may deem expedient. District boundaries shall be established in accordance with state and federal laws as they may, from time to time, be amended. § 9 Eminent domain. The city shall have the full right, power and authority to exercise the power of eminent domain when necessary or desirable to carry out any of the powers conferred upon it by this Charter, or by the constitution or laws of the State of Texas. In all cases where the city seeks to exercise the power of eminent domain, it may be controlled by the laws authorized or permitted by the constitution and laws of this state, or in ami manner and form that mal,, be yrovided b ordinance of the governing body of the city. The power of eminent domain hereby conferred shall include the right of the city to condemn public property. The city shall have and possess this power of condemnation of property within or without the corporate limits for any municipal or public purpose, even though not specifically enumerated herein or in this Charter. § 10 Establishment and control of streets and other public property. The City of Paris shall have the power to lay out, establish, open, alter, widen, lower, extend, grade, abandon, discontinue, abolish, close, care for, pave, supervise, maintain and improve streets, alleys, sidewalks, parks, squares, public places and bridges; and regulate the use thereof and require the removal from streets, sidewalks, alleys and other public property or places of all obstructions, private property, and encroachments of every nature or character. § 11 Street and public property improvements. -ttrtl . wtd (rver -td, Tlip Cit7vofP 211�2veexrl ivedt-tii-t-4-o 2nd i=w_ ' under the public streets, avenues, alleys, highways, and other public property of the city, and may provide for the improvement thereof by paving, repaving, raising, draining, constructing public improvements, or otherwise. The city's authority over such public property shall include all authority granted by the Legislature and Constitution of the state and all control not expressly prohibited by the Legislature or the Constitution. Such exclusive dominion, control and jurisdiction in, upon, over and under the public streets, avenues, alleys, highways, and other public property of the city shall also include, but not be limited to, the right to regulate, locate, relocate, remove, require the removal or relocation at the sole cost of the owner, or prohibit the location of all utility pipes, lines, wires, poles, conduits, appurtenances, supporting facilities, or other property. (Resolution 2007-055 adopted 5/21/07, Prop. 10) § 12 Solid waste disposal. The city council shall have the right by ordinance to adopt and prescribe rules and regulations for the handling, collection, transportation, and disposition of all municipal, hazardous, and industrial solid waste, or other garbage, trash, and rubbish within the City of Paris over which a city may exercise jurisdiction under state law, and shall further have the right to fix charges and compensation to be charged by or in the city for the removal of such waste, garbage, trash and rubbish, providing rules and regulations for the collection thereof. (Resolution 2007-055 adopted 5/21/07, Prop. 11) § 13 Municipal court. There shall be a court for the trial of misdemeanor offenses known as the Municipal Court of the City of Paris, with such powers and duties as are given and prescribed by the laws of the State of Texas. (Ordinance 95-053, sec. 1, adopted 9/13/95) ARTICLE III THE COUNCIL § 146 Number, selection, term. The city council shall be composed of seven councils members who shall be elected in the following manner: Regular municipal elections in and for the City of Paris shall be held on the uniform election date established by state law in or about May of each year. In even -numbered years, council members from Districts One (1), Two (2), Three (3) and Six (6) shall be elected. In odd -numbered years, council members from Districts Four (4), Five (5) and Seven (7) shall be elected. All council members shall be bona fide residents of the districts in which they seek election, shall possess the qualifications prescribed by this Charter and by V.T.C.A. Election Code, Chapter 141, as amended, and shall be elected by a majority vote of the qualified voters residing in their respective districts. At the first regular meeting of the council, or special meeting if the same is necessary, after which votes are canvassed for each annual election held in or about May, including any runoff election that is necessary, the newly comprised city council shall elect from among its members a mayor and mayor pro tem, each of whom shall serve at the pleasure of the council. The mayor pro tem shall act as mayor during the absence or disability of the mayor. In the absence or disability of both, the council shall designate a member as temporary presiding officer. The members of the city council shall serve not more than three consecutive two-year terms, after which two years must pass before they are again eligible to serve on the council. Any unexpired term to which a member is appointed shall not be counted toward such consecutive terms. Members shall serve until their successors have been elected and qualified. (Ordinance 95-053, sec. 1, adopted 9/13/95; Resolution 2007/055 adopted 5/21/07, Props. 13- 15; Resolution 2011-047, sec. 2, adopted 5/23/11) § 15-7 Qualifications. Each of the seven councilmen members 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 or she 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 or her 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 attgnd at least seventy-five er n ('75%) f mggfinin jiny year of his r her tprm _ f office unless otherwise excused by the remaining -members of the council with a year being measured from the first meeting in Ma 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 member actually resides, prima facie evidence of which may include a utility account in the name of the councilman mem or his or her spouse, parent or child with whom he or she actually resides. (Ordinance 95-053, sec. 1, adopted 9/13/95; Resolution 2007-055 adopted 5/21/07, Props. 16- 18); Ordinance No. 2022-084 enacted 11/14/2022, Prop. A, Ordinance No. 2022 - enacted 12/12/2022. § 168 Compensation of members. Members of the city council shall serve without pay or compensation; provided, however, they shall be entitled to all necessary expenses incurred in the performance of their official duties. § 179 Presiding officer; mayor. The mayor shall preside at meetings of the council and shall be recognized as head of the city government for all ceremonial purposes and by the governor for purposes of martial law, but shall have no regular administrative duties. The mayor shall be entitled to vote upon all matters considered by the council, but he or she shall have no veto power. The council shall elect a mayor pro tem who shall act as mayor during the absence or disability of the mayor and, if a vacancy should occur shall become mayor until the next regular election. (Ordinance 95-053, sec. 1, adopted 9/13/95) § 1829 Vacancies. A vacancy in the council shall be filled by a majority vote of the remaining members of the council by the selection of a person possessing all the qualifications prescribed by section 15-7 of this Charter and by V.T.C.A., Election Code, Chapter 141, as amended, who shall be a bona fide resident of the district in which the vacancy occurs. Where more than one vacancy shall develop at any one time, then a special election shall be called for the next uniform election date for which the requirements of state law can be met and any vacancy filled in the same manner as herein provided for general elections; provided, however, if such vacancies occur within ninety days of a general election, then no special election shall be called. (Ordinance 95-053, sec. 1, adopted 9/13/95) § 1924 Powers. All powers of the city and the determination of all matters of policy shall be vested in the city council. Except where in conflict with and otherwise expressly provided by this Charter, the city council shall have all powers authorized to be exercised by the city council by the laws of the State of Texas Chapter- 4 of Title 28 VeFre„'s Annotated Civil Statutes, andants wmend—atewy thereof and supplementary thereto, now or hereafter enacted. Without limitation of the foregoing and among the other powers that may be exercised by the council, the following are hereby enumerated for greater certainty: (1) Appoint and remove the city manager. (2) Establish other administrative departments . (3) Adopt the budget of the city. (4) Authorize the issuance of bonds by a bond ordinance. (5) Inquire into the conduct of any office, department or agency of the city and make investigations as to municipal affairs. (6) Provide for a planning commission, a zoning commission and a zoning board of adjustment, and appoint the members of all such commissions and boards, and as well the members of the hospital board, if a hospital is established. The planning and zoning commission may be combined. Such boards and commissions shall have all powers and duties now or hereafter conferred and created by this Charter, by city ordinance or by law. (7) Adopt plats. (8) Adopt and modify the official map of the city. (9) Adopt, modify, and carry out plans proposed by the planning commission for the clearance of slum districts and rehabilitation of blighted areas. (10) Adopt, modify and carry out plans proposed by the planning commission for the replanning, improvement and redevelopment of neighborhoods and for the replanning, reconstruction or redevelopment of any area or district which may have been destroyed in whole or in part by disaster. (11) Regulate, license and fix the charges or fares made by any person owning, operating or controlling any vehicle of any character used for the carrying of passengers for hire or the transportation of freight for hire on the public streets and alleys of the city. (12) Provide for the establishment and designation of fire limits and to prescribe the kind and character of buildings or structures or improvements to be erected therein, and to provide for the erection of fireproof buildings within certain limits, and to provide for the condemnation of dangerous structures or buildings or dilapidated buildings or buildings calculated to increase the fire hazard, and the manner of their removal or destruction. Subsection (2), Ordinance No. 2022-084 enacted 11/14/2022, Prop. B, Ordinance No. 2022-_ enacted 12/12/2022. § 203 Appointment and removal of city manager. The council shall appoint an officer of the city who shall have the title of city manager and who shall have the powers and perform the duties in this Charter provided. No councilman member shall receive such appointment during the term for which he or she shall have been elected, nor within one year after the expiration of his or her term. The salary of the city manager shall be fixed by the city council, and he or she shall hold office at its will. The city council may suspend the city manager if the manager declines to resign at the request of the council, that request being expressed in a resolution approved by a majority vote of the total membership of the council. Such resolution shall set forth the reasons for suspension and proposed removal. A copy of such resolution shall be served immediately upon the city manager, who shall have 15 days in which to reply thereto in writing, and upon request, shall be afforded a public hearing, which shall occur not earlier than 10 days nor later than 15 days after such hearing is requested. At such public hearing, if one is requested, the city manager will be allowed up to 30 minutes to respond to his or her proposed termination. Members of the public will be allowed to speak in support of or in opposition to termination, and may address any aspect of the city manager's performance. After the conclusion of the public hearing, if one is requested, or after 15 days if the manager has not responded to the request to resign, and after full consideration, the city council, by a majority vote of its total membership, shall adopt a final resolution of removal or reinstatement. The city manager shall continue to receive full salary until the effective date of a final resolution of removal. The action of the council in suspending or removing the city manager shall be final, it being the intention of this Charter to vest all authority and fix all responsibility for such suspension or removal in the city council. During an absence or disability of the city manager, except as provided in section 3941, the council may designate a properly qualified person to perform the duties of office. (Resolution 2007-055 adopted 5/21/07, Prop. 19) § 213 Council not to interfere in appointments or removals. Neither the council nor any of its members shall direct the city manager or any of his or her subordinates in the appointment or removal of any city employee; provided, however, that the appointment of department heads shall be subject to the approval of the council. Except for the purpose of inquiry, the council and its members shall deal with city employees solely through the city manager, and neither the council nor any member thereof shall give orders to any subordinates of the city manager, either publicly or privately. It shall be grounds for removal from office if, following investigation by and a hearing before the council, a council member is found guilty of multiple, willful violations of this section. (Resolution 2007-055 adopted 5/21/07, Prop. 20) § 224 Rights of the city manager and other officers in council. The city manager, and such other officers of the city as may be designated by vote of the council, shall be entitled to seats in the council, but shall have no vote therein. The city manager shall have the right to take part in the discussion of all matters coming before the council, and other officers shall be entitled to take part in the discussions of the council relating to their respective offices, departments or agencies. § 236 Administrative departments. There are hereby created the following administrative departments: Finance, police, fire, and public works, and such other departments as may be established by the council as hereinafter provided. The council may, if it deems it advisable, consolidate into one department not more than two of the departments hereby established. The council by ordinance may create, change, and abolish offices, departments, or agencies other than the offices, departments and agencies established by this Charter. § 246 City clerk. The council shall designate an officer of the city who shall be recommended by the city manager to serve as clerk of the council. He or she shall give notices of its meetings, shall keep the minutes of its proceedings, shall authenticate by his or her signature and record in full in a book kept and indexed for the purpose of all ordinances and resolutions, and shall perform such other duties as the city manager shall assign to him or her, and those elsewhere provided in this Charter. (Resolution 2007-055 adopted 5/21/07, Prop. 21) § 25-7 City judge. The city council shall appoint a duly licensed attorney to serve as the city judge, with a term of two years. He or she may be removed by the city council at any time for incompetence, misconduct, malfeasance, or disability. He or she shall receive such salary as may be fixed by the council from time to time. In the event of failure of the city judge to act for any reason, the council may choose a duly licensed attorney to perform as acting city judge. All costs and fines imposed by the municipal court, or by any court in cases appealed from judgments of the municipal court, shall be paid into the city treasury and used for the benefit of the city or as required by state law. (Resolution 2007-055 adopted 5/21/07, Props. 22-24) § 268 City attorney. The city council shall appoint a duly licensed attorney who shall be its city attorney. He or she shall receive for his or her services such compensation as may be fixed by the council and shall hold his office at the will of the city council. He or she shall be the legal adviser of and attorney and counsel for the city and all officers and departments thereof. The city may retain legal council other than the city attorney for special cases. The city attorney shall have power to appoint an assistant city attorney, if deemed necessary by him or her, subject to the approval of the city council, at such compensation as may be fixed by the council; and more than one assistant city attorney if deemed necessary by the council, such assistant or assistants to hold office at the will of the city attorney, so long as he or she remains such, or in the absence of the city attorney, at the will of the city council. (Resolution 2007-055 adopted 5/21/07, Props. 25-28) § 27-9 Induction into office; meetings. Newly elected members of the council will be sworn in and assume their duties following a meeting scheduled in accordance with the Texas Election Code to canvass and certify municipal election returns. Thereafter, the council shall meet regularly at such times as may be prescribed by its rules but not less frequently than once each month. The council and such boards and commissions as are required by law shall comply with the Texas Open Meetings Act and may convene in executive session only as expressly provided therein, such as consideration of specific personnel matters, certain consultations with an attorney, discussions about the value or transfer of real property, and discussion of certain economic development matters. Otherwise, all meetings of the council and of its boards and commissions shall be open to the public and in full compliance with the Texas Open Meetings Act; special meetings shall be called by the city clerk upon request of the mayor, city manager, or a majority of the members of the council. (Resolution 2007-055 adopted 5/21/07, Props. 29, 30) § 2830 Council to be judge of qualifications of its members. The council shall be the judge of the election and qualifications of its members and for such purpose shall have power to subpoena witnesses and require the production of records, but the decision of the council in any such case shall be subject to review by the courts. § 2931- Rules of procedure; minutes. The council shall determine its own rules and order of business. It shall keep minutes and certified agendas of its proceedings as required by state law. (Resolution 2007-055 adopted 5/21/07, Prop. 31) § 302 Ordinances. In addition to such acts of the council as are required by statute or by this Charter to be by ordinance, every act of the council establishing a fine or other penalty or providing for the expenditure of funds or for the contracting of indebtedness shall be by ordinance. The enacting clause of all ordinances shall be "BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS". § 313* Procedure for passage of ordinances. Every ordinance shall be introduced in written or printed form and, upon passage, shall take effect at the time indicated therein; provided that any ordinance imposing a penalty, fine or forfeiture for a violation of its provisions shall become effective not less than ten days from the date of its passage subject to the provisions of article XI of this Charter. The city clerk shall give notice of the passage of every ordinance imposing a penalty, fine or forfeiture for a violation of the provisions thereof, by causing the caption or title, including the penalty, of any such ordinance to be published in the official newspaper of the City of Paris at least twice within ten days after the passage of said ordinance. He or she shall note on every ordinance, the caption of which is hereby required to be published, and on the record thereof, the fact that same has been published as required by the Charter, and the date of such publication, which shall be prima facie evidence of the legal publication and promulgation of such ordinance; provided, that the provisions of this section shall not apply to the correction, amendment, revision and codification of the ordinances of the city for publication in book or pamphlet form. Except as otherwise provided by article XI of this Charter, it shall not be necessary to the validity of any ordinance that it shall be read more than one time or considered at more than one session of the city council. Every ordinance shall be authenticated by the signature of the mayor and city clerk and shall be systematically recorded and indexed in an ordinance book in a manner approved by the council. It shall only be necessary to record the caption or title of ordinances in the minutes or journal of council meetings. The city council shall have power to cause the ordinances of the city to be corrected, amended, revised, codified and printed in code form as often as the council deems advisable, and such printed code, when adopted by the council, shall be in full force and effect without the necessity of publishing the same or any part thereof in a newspaper. Such printed code shall be admitted in evidence in all courts and places without further proof. (Resolution 2007-055 adopted 5/21/07, Prop. 3) § 324 Investigations by council. The council shall have power to inquire into the conduct of any office, department, agency, or officer of the city and to make investigations as to municipal affairs, and for that purpose may subpoena witnesses, administer oaths, and compel the production of books, papers and other evidence. Failure to obey such subpoena or to produce books, papers or other evidence as ordered under the provisions of this section shall constitute a misdemeanor and shall be punishable by fine not to exceed five hundred dollars. Each day of failure to obey such subpoena shall be considered a separate offense. (Resolution 2007-055 adopted 5/21/07, Prop. 32) § 33-5 Independent annual audit. The city council shall designate a certified public accountant to conduct an independent audit of the City's financial records each fiscal year and report dx4r-his or her findings to the City Council. Selection of the certified public accountant shall be in compliance with state law dealing with the procurement of professional services. The Council may contract with the certified public accountant to perform financial audit services for more than one year. Notice shall be given by publication in some newspaper of general circulation in the City of Paris that the annual audit is on file at the City Hall for inspection. Such accountant shall have no personal interest, direct or indirect, in the fiscal affairs of the city government. Uhey ,Hv Qr§he shall not maintain any accounts or record of the city business, but, within specifications approved by the council, shall post -audit the books and documents kept by the department of finance and any separate or subordinate accounts kept by any other office, department or agency of the city government. (Resolution 2011-047, sec. 2, adopted 5/23/11) § 346 Public library. The city council shall have the authority to establish and maintain a free public library within the city and to cooperate with any person, firm, association or corporation under such terms as the city council may prescribe for the establishment or maintenance of such free public library. For budget purposes, the library shall be considered as a department of the city and the appropriations therefor shall comply with all the budgetary requirements as outlined in this Charter and as may be prescribed from time to time by the city council. Annual appropriations for the library will not be continuing, but will revert to the general fund in the same manner as the underspent appropriations of the other departments. § 35-7 Housing authority. The city council may create a housing authority of such number, terms and compensation of members as the council may determine and may delegate to the housing authority such powers relating to the planning, construction, reconstruction, alteration, repair, maintenance or operation of housing projects and housing accommodations as the council may determine. § 369 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. vuura�-arzua uaa, vaaaa.a.a u uaaa. vaaarav� a.v......... ...b •••••• •••••••• •••1 •+••••J •• _•�•• •••••• ••••�J, •• ••••••+••••••, except ..s to prior service charges at the time of establishment7 wh e h shall be boa-ne entirely by the city. The cost of the system shall be determined actuarially on the basis of such mortality and service tables as the re " council shall apprwe- The a 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. Any office„ ^" employee of the c" at- Uh^ ,.;„,^ of establish en of such system shall, for- ninety days theFeafter, have the pFivilege of bece i - nber- People ther-eafteF appointed em to ed on a full time basis by the ci 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 officers and 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. Ordinance No. 2022-084 enacted 11/14/2022, Prop. C, Ordinance No. 2022-_ enacted 12/12/2022. ARTICLE IV THE CITY MANAGER § 379 Qualifications. The city manager shall be chosen by the council solely on the basis of his or her executive and administrative qualifications with special reference to his or her actual experience in, or his or her knowledge of, accepted practice in respect to the duties of his office as hereinafter set forth. At the time of his or her appointment he or she need not be a resident of the city or state, but during his or her tenure of office he or she shall reside within the city. § 3840 Powers and duties. The city manager shall be the chief executive officer and the head of the administrative branch of the city government. He or she shall be responsible to the council for the proper administration of all affairs of the city, and to that end he or she shall have power and shall be required to: (1) Appoint and, when necessary for the good of the service, remove all officers and employees of the city except as otherwise provided by this Charter and except as he or she may authorize the head of a department to appoint and remove subordinates in such department. depar-tment of personnel, with such power- and with a dir-eetor- duties -and re-empensation and a personnel as the e" bear -d, or- other -wise, as it may council by ordinance may prescribe see , and delegate -;and suehadministr-ative agent or- agency shall also have e"ar-ge of the , investment, payment and eustody of funds of the pensiona-p-d- Fet-i-n-effl—A -.Y -te.... if necessary-te the maintenanee of much as three fourths a financially sound of the eost of system, the city its- rffl-aintenanee to council may by or-dinance provide be berne by th&'Gity-. for- as Ordinance No. 2022-084 enacted 11/14/2022, Prop. C, Ordinance No. 2022-_ enacted 12/12/2022. ARTICLE IV THE CITY MANAGER § 379 Qualifications. The city manager shall be chosen by the council solely on the basis of his or her executive and administrative qualifications with special reference to his or her actual experience in, or his or her knowledge of, accepted practice in respect to the duties of his office as hereinafter set forth. At the time of his or her appointment he or she need not be a resident of the city or state, but during his or her tenure of office he or she shall reside within the city. § 3840 Powers and duties. The city manager shall be the chief executive officer and the head of the administrative branch of the city government. He or she shall be responsible to the council for the proper administration of all affairs of the city, and to that end he or she shall have power and shall be required to: (1) Appoint and, when necessary for the good of the service, remove all officers and employees of the city except as otherwise provided by this Charter and except as he or she may authorize the head of a department to appoint and remove subordinates in such department. (2) Prepare the budget and submit it to the council and be responsible for its administration after adoption. (3) Prepare and submit to the council at the end of the fiscal year a complete report on the finances and administrative activities of the city for the preceding year. (4) Keep the council advised of the financial condition and future needs of the city and make such recommendations as may seem to him or her desirable. (5) Perform such other duties as may be prescribed by this Charter or required of him or her by the council, not inconsistent with this Charter. § 3944 Absence of city manager. To perform his or her duties during his or her temporary absence or disability, the manager may designate by letter filed with the city clerk a qualified administrative officer of the city. § 40-Z Directors of departments. At the head of each administrative department there shall be a director, who shall be an officer of the city and shall have supervision and control of the department subject to the city manager. Two or more departments may be headed by the same individual, the manager may head one or more departments, and directors of departments may also serve as chiefs of divisions. § 41-3 Departmental divisions. The work of each administrative department may be distributed among such divisions thereof as may be established determined by the gfty managers and: thereof, the gfty manager may establish temporary divisions. Ordinance No. 2022-084 enacted 11/14/2022, Prop. D, Ordinance No. 2022-_ enacted 12/12/2022. ARTICLE V THE BUDGET § 424 Fiscal year. The fiscal year of the City of Paris shall begin on the first day of October and shall end on the last day of September of each calendar year. Such fiscal year shall also constitute the budget and accounting year. (Ordinance 83-018, sec. 2, adopted 4/11/83; Ordinance 95-053, sec. 1, adopted 9/13/95) § 43-5 Preparation and submission of budget. The city manager, between thirty and ninety days prior to the beginning of each fiscal year, shall submit to the council a proposed budget, which budget shall provide a complete financial plan for the fiscal year, and shall contain the following: (1) A budget message, explanatory of the budget, which message shall contain an outline of the proposed financial policies of the city for the fiscal year, shall set forth the reasons for salient changes from the previous fiscal year in expenditure and revenue items, and shall explain any major changes in financial policy. (2) A consolidated statement of receipts and expenditures for all funds. (3) An analysis of property valuations. (4) An analysis of the tax rate. (5) Tax levies and tax collections by years for at least five years or, if records for five years are not available, then for as many years as are available. (6) General fund resources in detail. (7) Summary of proposed expenditures by function, department, and activity. (8) Summary of proposed expenditures by character and object. (9) Detailed estimates of expenditures shown separately for each activity to support the summaries No. 7 and 8 above. Such estimates of expenditures are to include an itemization of positions showing the number of persons having each title and the rate of pay. (10) A revenue and expense statement for all types of bonds. (11) A description of all bond issues outstanding, showing rate of interest, date of issue, maturity date, amount authorized, amount issued, and amount outstanding. (12) A schedule of requirements for the principal and interest of each issue of bonds. (13) A special funds section. (14) The appropriation ordinance. (15) The tax levying ordinance. § 446 Anticipated revenues compared with other years in budget. In preparing the budget, the city manager shall in the preparation of the budget place in parallel columns opposite the several items of revenue the actual amount of each item for the last completed fiscal year, the estimated amount for the current fiscal year, and the proposed amount for the ensuing fiscal year. § 45-7 Proposed expenditures compared with other years. The city manager, in the preparation of the budget, shall, in parallel columns opposite the various items of expenditures, place the actual amount of such items of expenditures for the last completed fiscal year, the estimate for the current fiscal year and the proposed amount for the ensuing fiscal year. § 468 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. The city manager shall cause copies to be made for distribution to all interested persons. § 479 Notice of public hearing on budget. ,.t the meeting of the ,,,,,,,,,,;; ,,t which the budget is submitted, Tthe 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. Ordinance No. 2022-084 enacted 11/14/2022, Prop. F, Ordinance No. 2022-_ enacted 12/12/2022. § 4889 Public hearing on budget. At the time and place set forth in the notice required by section 479, ow at any time and plaee to which such public hearing shall f -Fa -MI ti-mille tO time be adjourned, 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. Ordinance No. 2022-084 enacted 11/14/2022, Prop. G, Ordinance No. 2022-_ enacted 12/12/2022. § 49-5-1 Proceedings on budget after public hearing; amending or supplementing budget. After the conclusion of such public hearing, the council may insert new items or may increase or decrease the items of the budget, except items in proposed expenditures fixed by law. Before inserting any additional item or increasing any item of appropriation, it must cause to be published a notice setting forth the nature of the proposed increases and fixing a place and time, not less than five days after publication, at which the council will hold a public hearing thereon. § 50Z 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 andlor orovidea►— f reserve funds as n cessa Ordinance No. 2022-084 enacted 11/14/2022, Prop. H, Ordinance No. 2022-_ enacted 12/12/2022. § 518 Vote required for adoption. The budget shall be adopted by the favorable vote of a majority of the members of the whole council. § 524 Date of final adoption; failure to adopt. The budget shall be finally adopted not later than the twenty-seventh day of the last month of the fiscal year. Should the council take no final action on or prior to such day, the budget as submitted by the city manager shall be deemed to have been finally adopted by the council. § 53-5 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 eoun `• ^'erL of Lamar- Count`-, and the state comptFeller- of public accounts atAus. The final budget shall be printed, ^'wed ^H otherwise "epr-od eed 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. Ordinance No. 2022-084 enacted 11/14/2022, Prop. I, Ordinance No. 2022-_ enacted 12/12/2022. § 546 Budget establishes appropriations. From the effective date of the budget, the several amounts stated therein as proposed expenditures shall be and become appropriated to the several objects and purposes therein named. § 55-7 Budget establishes amount to be raised by property tax. From the effective date of the budget, the amount stated therein as the amount to be raised by property tax shall constitute a determination of the amount of the levy for the purposes of the city, in the corresponding tax year. § 568 Contingent appropriation. Provision shall be made in the annual budget and in the appropriation ordinance for a contingent appropriation in an amount not more than three (3) percent of the total general fund expenditure, to be used in case of unforeseen items of expenditures. Such contingent appropriation shall be under the control of the city manager and distributed by him or herafter approval by the city council. A detailed account of such expenditures shall be recorded and reported to the city council. The proceeds of the contingent appropriation shall be disbursed only by transfer to other departmental appropriation, the spending of which shall be charged to the departments or activities for which the appropriations are made. (Resolution 2007-055 adopted 5/21/07, Prop. 33) § 57-9 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 the National Committee on Munieipal Aeeounfing, or- some Ather a nationally accepted classification 11rogram. Ordinance No. 2022-084 enacted 11/14/2022, Prop. J, Ordinance No. 2022-_ enacted 12/12/2022. § 5869 Emergency appropriations. The city budget may be amended and appropriations altered in accordance therewith only in a manner provided by state law. (Resolution 2007-055 adopted 5/21/07, Prop. 34) ARTICLE VI ISSUANCE AND SALE OF BONDS § 62 Bond ordinance The city shall author-izze and electiom. t -h -e i-s-si-m-n-ce of h-onds by a bo -n -d- emr-d-inance passed by -an the issuance of such bonds. The b9ad ffdinanee Shall pFevide for- PFOper- notice, the calling 9f Uh-e- eleedion, specifyi and the propositions to be submitted. The latteF shall distinctly (1) The purpose for- which the bonds are to be issued, and, where possible, the pr-oba expended; (2) The amount thereof. , (3) The rate of i terest. (4) The le3nf of taxes (5) That the bonds to exneerl forts s»ffisiert t-0 to pay interest be iSsued- Sh-1-all Mlature arid- sm-king serially within f. ndl a given number- of years not f�7.9p.99 Fil In Mi rilill ON IN I Ik 40 Am Mir M -001100 .0k AN Mm egg §32P r t Borr w The city shall have the_ower to borrow monev on the credit of the citv and also to issue or inc r bonds and ther evidence of ind btedness and such powers may a exercised to finance ublic im rovements or for an other public purpose not prohibited b the Constitution and the laws of the State of Texas and the city.,may issue refundin bQnd refund outganding bonds and other eviden ef indebted" s of thecity,previously issued or incurred. All such bonds and other evidence Qf indgbWdness shall be issued in cQnfQrmily with the laws of the State of Texas and marbe secured by or paid. in wh _ e o in part from ad valorem tax revenues revenues derived from other taan&gpMEgraof the citv. revenues derived bv the cit -v from anv fee or service char a includine revenues derived fr m the 9peratigns of any public utilities utility systems. recreational facilities or an other municipal function a e physical properties of such public utilities in payment of such debt to the extent not prohibited b the Constitution and laws of the State of Texas. Such bonds or evidence of indebtedness milybe.a.charge u on and navable from the pro ertiesor interest therein pledged, or the income there from or both to the extent notrohibited by., the Constitution or laws of the State gf T . The Droceed5f bon& or other evidence of indebtedness issued r incurred by the city shall be used only for the purpose for which the bonds or other indebtedness were issued or incurred. Ordinance No. 2022-084 enacted 11/14/2022, Prop. K, Ordinance No. 2022-_ enacted 12/12/2022. ARTICLE VII FINANCE ADMINISTRATION § 607 Director of finance; appointment. There shall be a department of finance, the head of which shall be the director of finance, who shall be, or- be appointed by, the city manager. The c" manager- may appoint a depat�x director- of finance who may he the e" n 1 collector- of taxes. Ordinance No. 2022-084 enacted 11/14/2022, Prop. L, Ordinance No. 2022-_ enacted 12/12/2022. § 618 Director of finance; qualifications. The director of finance shall have the proper knowledge of municipal accounting and taxation and sufficient experience in budgeting and financial control to properly perform the duties of the office. § 629 Director of finance; powers and duties. Under the direction of the city manager, the director of finance shall have charge of the administration of the financial affairs of the city and to that end he or she shall have authority and shall be required to: (1) Supervise and be responsible for the disbursement of all moneys and have control over all expenditures to ensure that budget appropriations are not exceeded; (2) Maintain a general accounting system for the city government and each of its offices, departments and agencies; keep books for and exercise financial budgetary control over each office, department and agency; keep separate accounts for the items of appropriation contained in the city budget, each of which accounts shall show the amount of the appropriation, the amounts paid therefrom, the unpaid obligations against it and the unencumbered balance; require reports of receipts and disbursements from each receiving and spending agency of the city government to be made daily or at such intervals as he or she may deem expedient; (3) Submit to the council through the city manager a monthly statement of all receipts and disbursements in sufficient detail to show the exact financial condition of the city; (4) Prepare, as of the end of each fiscal year, a complete financial statement and report; (5) Supervise and be responsible for the -assessment of all pr-opeFtyw M thin the corporate limits of the city for- tax-adon, make all assessments for- the e" government-, prepare tar. maps and give na-Ume-e- of taxes and special assessments as may be required by law; (6) Collect all taxes, special assessments, license fees and other revenues of the city or for whose collection the city is responsible and receive all moneys receivable by the city from the state or federal government, or from any court, or from any office, department or agency of the city; (7) Have custody of all public funds belonging to or under the control of the city, or any office, department or agency of the city government, and deposit all funds coming into his or her hands in such depository or depositories as may be designated by the city council, subject to the requirements of law in force from time to time as to the furnishing of bonds or the deposit of securities and the payment of interest on deposits. All such interest shall be the property of the city and shall be accounted for and credited to the proper account; (8) Have custody of all investments and invested funds of the city government, or in possession of such government in a fiduciary capacity, and have the safekeeping of all bonds and notes of the city and the receipt and delivery of city bonds and notes for transfer, registration or exchange; ro the purchase, 1 distribution of al r,�ppiic^�,— ute�'la�s, eq eft and other-afti-c�es used by any office,epsartment o agency of the rigs government (940) Approve all proposed expenditures; unless he shall certify that there is an unencumbered balance of appropriation and available funds, no expenditure shall be made. Changes to (5) and deletion of (9), Ordinance No. 2022-084 enacted 11/14/2022, Props. N and M, Ordinance No. 2022-_ enacted 12/12/2022. § 6379 Transfers of appropriations. The city manager may at any time transfer any unencumbered appropriation balance or portion thereof between general classifications of expenditures within an office, department or agency. At the request of the city manager, the council may, by resolution, transfer any unencumbered appropriation balance or portion thereof from one office, department or agency to another. (Resolution 2007-055 adopted 5/21/07, Prop. 39) § 6474 Accounting supervision and control. The director of finance shall have power and shall be required to: (1) Prescribe the forms of receipts, vouchers, bills or claims to be used by all the offices, departments and agencies of the city government; (2) Examine and approve all contracts, orders and other documents by which the city government incurs financial obligations, having previously ascertained that moneys have been appropriated and allotted and will be available when the obligations shall become due and payable; (3) Audit and approve before payment all bills, invoices, payrolls and other evidences of claims, demands or charges against the city government and with the advice of the city attorney determine the regularity, legality and correctness of such claims, demands or charges; (4) Inspect and audit any accounts or records of financial transactions which may be maintained in any office, department or agency of the city government apart from or subsidiary to the accounts kept in his office. § 6574 Lapse of appropriations. All appropriations shall lapse at the end of the fiscal year to the extent that they shall not have been expended or lawfully encumbered. § 6674 Fees shall be paid to city. All fees received by any officer or employee shall belong to the city government and shall be paid to the department of finance at such times as required by the director of finance. § 674 Sale of city property. The city may sell or contract for the sale of real or personal property only in a manner authorized by state law and under terms that will ensure open competition. The city council may prescribe rules and regulations to ensure that no person shall have a superior or unfair advantage to acquire such property. (Resolution 2007-055 adopted 5/21/07, Prop. 40) § 6874 Purchase procedure. The director of finance shall have authority to make expenditures without approval of the city council for budgeted items not exceeding a maximum account established by resolution of the city council. Any expenditure involving more than that maximum amount must be expressly approved in advance by the city council. All contracts and purchases by the city and any alterations thereto may be made only in strict compliance with the procedures and requirements established by state law. The city council shall have the right to reject any and all bids. (Resolution 2007-055 adopted 5/21/07, Props. 41, 42) § 69-76 Contracts for improvements. All city improvements shall be accomplished pursuant to contract awarded in strict compliance with the procedures and requirements established by state law. The city council shall have the right to reject any and all bids. Alterations in any contract may be made when authorized by the council upon the written recommendation of the city manager when and only when such alterations are accomplished in compliance with the requirements established by state law for change orders to such contracts. (Resolution 2007-055 adopted 5/21/07, Props. 43, 44) § 70-7 Disbursement of funds. All checks, vouchers or warrants for the withdrawal of money from the city depository shall be signed by the director of finance, or his or her deputy, and countersigned by the city manager. The city council may appoint one or more city officers who shall be authorized to sign or countersign in addition to or in the absence of the director of finance, his or her deputy, or the city manager. (Resolution 2007-055 adopted 5/21/07, Prop. 45) § 719 Accounting control of purchases. All purchases made shall be pursuant to a written requisition from the head of the office, department or agency whose appropriation will be charged, and no contract or order shall be issued to any seller unless and until the director of finance certifies that there is to the credit of such office, department or agency a sufficient unencumbered appropriation balance to pay for the supplies, materials, equipment or contractual services for which the contract or order is to be issued. § 720 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 not latethan the o,,.l �F ffie focal year- in which the original notes have be issued on a date to be determined by the council. (Resolution 2007-055 adopted 5/21/07, Prop. 46); Ordinance No. 2022-084 enacted 11/14/2022, Prop. O, Ordinance No. 2022-_ enacted 12/12/2022. § 7300 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 not later- than the end of the fiscal year- -8-n- whle-h Uh-e original Hote--Q sh—all h—ave bee -n- issued— on a date to be determined by the council. (Resolution 2007-055 adopted 5/21/07, Prop. 46); Ordinance No. 2022-084 enacted 11/14/2022, Prop. P, Ordinance No. 2022-_ enacted 12/12/2022. § 7481 Sale of notes; report of sale. All notes issued pursuant to this article may be sold at not less than par and accrued interest at private sale by the director of finance without previous advertisement, but such sale shall be authorized by the council. § 7582 Surety bonds. C4 of Par -is, shall, before entering upon the d-uti-es of that effice or- employment-, Mak-e- bond -in same Fespensible sur-ety company, acceptable to the cit -y council, fo-F sue -h amoun i e4 council may also require any such sur-ety bond to be Ifulaffillearl- G-A-Rdliti-A-Ined that the principal ther-eon will faithfully perform and/or- disehar-ge the duties of his office, an execlut-if-In Of a SUFet-y bond is required it shall be fuFtheF eonditioned to comply ther-e%4 The Citv of Paris shall procure Public Emolovee Dishonest surety coverae for all Citv ,mllloyees that handle city moneys and investments. Limits of liabili_ty will be at 1 ;250 000.00 for each wrongful occurrence. Ordinance No. 2022-084 enacted 11/14/2022, Prop. Q, Ordinance No. 2022-_ enacted 12/12/2022. ARTICLE VIII TAX ADMINISTRATION § 83 Division of taxatiGn-. There shall be established in the department of finance a &Vision of taxation, to assess and- e-ollect taxes, the head of which -shall be the city assesso-Fand collecton Ordinance No. 2022-084 enacted 11/14/2022, Prop. R, Ordinance No. 2022-_ enacted 12/12/2022. § 7684 Power to tax. The city council shall have the power under the provisions of state law to levy, assess and collect an annual tax upon taxable property within the city to the maximum provided by the Constitution and general laws of the State of Texas and to provide for the collection of delinquent taxes through lien and enforcement procedures in the manner provided by state law. (Resolution 2007-055 adopted 5/21/07, Prop. 47) :fie=� sassr.� :�:�•ti�i,�as �srr. r .. state law w i regard to the of taxes. PP ARTICLE IX NOMINATIONS AND ELECTIONS § 7793 Municipal elections. The regular election for the choice of members of the council as provided in Section 146 of this Charter shall be held each year on the uniform election date provided by state law that occurs in or about May. The council may, by resolution, order a special election, fix the time for holding same, and provide all means for holding such special election. All elections shall be held in accordance this Charter and with state laws as they may, from time to time, be amended. (Ordinance 95-053, sec. 1, adopted 9/13/95; Resolution 2007-055 adopted 5/21/07, Prop. 48) § 7894 Regulation of elections. The council shall make all regulations which it considers needful or desirable, not inconsistent with this Charter or the laws of the State of Texas, for the conduct of municipal elections, for the prevention of fraud in such elections and for the recount of ballots in case of doubt or fraud. Municipal elections shall be conducted by the appointed election authorities, who shall also have power to make such regulations not inconsistent with this Charter, with any regulations made by the council or the laws of the State of Texas. § 7995 How to get name on ballot. Any qualified person may have his or her name placed on the official ballot as a candidate for council member at any election held for the purpose of electing council members by filing with the city clerk, no later than the time provided by state law, a sworn application in the form provided by the State of Texas, and shall meet all the requirements set forth by this Charter and by state law as it may, from time to time, be amended. (Ordinance 95-053, sec. 1, adopted 9/13/95; Resolution 2007-055 adopted 5/21/07, Prop. 49) § 8046 Council ballots. The names of all candidates for the council as hereinbefore provided, except such as may have withdrawn, died or become ineligible, shall be printed on the official ballots without party designations, in accordance with the Texas Elections Code. If two or more candidates have the same surnames, or have names so similar that it is likely to cause confusion, each of those candidates may have printed on the ballot a brief distinguishing description or title, not to exceed four words, following the candidate's name. The description or title may only refer to the candidate's place of residence or present or former profession, occupation, or position. However, the description or title may not refer to a public office. The order of the names on the ballot, the form of the ballot, and the deadline for having the ballots printed shall be accomplished in compliance with state law. (Resolution 2007-055 adopted 5/21/07, Prop. 50) § 81W Election of councilmen mgmbff, by majority. At the regular municipal election or any special election held to fill vacancies on the city council, the winning candidate for the office of councilman member shall be the one who receives more than 50 percent of the votes cast for the office. If no candidate receives more than 50 percent, a runoff election shall be held in accordance with the Texas Election Code between the two candidates who received the most votes. (Resolution 2007-055 adopted 5/21/07, Prop. 51) § 982 Laws governing city elections. All city elections shall be governed, except as otherwise provided by the Charter, by the laws of the State of Texas governing general and municipal elections, so far as same may be applicable thereto; and in event there should be any failure of the general laws or this Charter to provide for some feature of the city elections, then the city council shall have the power to provide for such deficiency, and no informalities in conducting a city election shall invalidate the same, if it be conducted fairly and in substantial compliance with the general laws, where applicable, and the Charter and ordinances of the city. § 8399 Canvassing elections. Returns of elections, general, runoff and special, shall be made by the election officers to the city council, and shall be canvassed by the council and the result of the election declared, at a regular or special meeting of the council occurring after the date of the election, in the manner and during the time required by state law for the canvassing of elections. (Ordinance 95-053, sec. 1, adopted 9/13/95; Resolution 2007-055 adopted 5/21/07, Prop. 52) ARTICLE X INITIATIVE; REFERENDUM AND RECALL § 84449 Power of initiative. Qualified voters of the city shall have power to propose any ordinance except an ordinance appropriating money, or authorizing the levy of taxes, zoning, issuing of bonds or notes, salaries or in any instance where a court of ro per, jurisdiction has determined that the initiated ordinance has been removed from the field of initiation. Valid etition h ll subject to adoption or rejection and to adopt ^" reject the S-wme 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. (Resolution 2007-055 adopted 5/21/07, Prop. 53); Ordinance No. 2022-084 enacted 11/14/2022, Prop. S, Ordinance No. 2022-_ enacted 12/12/2022. § 851" 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. and ordinances making the annual tax levy, zonine. annexation utility rates ersonnel and adminis r tive_mat t rs or in an - where n w r a court of p_rjgtpj ktkirs deterfflined that the referred ordin nce 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. (Resolution 2007-055 adopted 5/21/07, Prop. 54); Ordinance No. 2022-084 enacted 11/14/2022, Prop. T, Ordinance No. 2022-_ enacted 12/12/2022. § a6M Form of petition; committee of petitioners. Initiative petition papers shall contain the full text of the proposed ordinance. The signatures to initiative or referendum petitions need not all be appended to one paper, but to each separate petition there shall be attached a statement of the circulator thereof as provided by this section. Each signer of any petition paper shall sign his or her name in ink or indelible pencil and shall indicate after his or her name his or her place of residence, by street and number or other description sufficient to identify the place. There shall appear on each petition the names and addresses of five voters, who, as a committee of the petitioners, shall be regarded as responsible for the circulation and filing of the petition. Attached to each separate petition paper there shall be an affidavit of the circulator thereof that he or she.„ and he or she only, personally circulated the foregoing paper, that it bears a stated number of signatures, that all signatures appended thereto were made in his or her presence, and that he or she believes them to be the genuine signatures of the persons whose names they purport to be. (Resolution 2007-055 adopted 5/21/07, Prop. 1) § 87403 Filing, examination and certification of petitions. All petition papers comprising an initiative or referendum petition shall be assembled and filed with the city clerk as one instrument. Within ten days after the petition is filed, the city clerk shall determine whether each paper of the petition has a proper statement of the circulator and whether the petition is signed by a sufficient number of qualified voters. The city clerk shall declare any petition paper entirely invalid which does not have attached thereto an affidavit signed by the circulator thereof. If a petition paper is found to be signed by more persons than the number of signatures certified by the circulator, the last signatures in excess of the number certified shall be disregarded. If a petition paper is found to be signed by fewer persons than the number certified, the signature shall be accepted unless void on other grounds. After completing his or her examination of the petition, the city clerk shall certify the result thereof to the council at its next regular meeting. If he or she shall certify that the petition is insufficient he or she shall set forth in his certificate the particulars in which it is defective and shall at once notify the committee of the petitioners of his findings. (Resolution 2007-055 adopted 5/21/07, Prop. 1) § 88104 Amendment of petitions. An initiative or referendum petition may be amended at any time within ten days after the notification of insufficiency has been sent by the city clerk, by filing a supplementary petition upon additional papers signed and filed as provided in case of an original petition. The city clerk shall, within five days after such an amendment is filed, make examination of the amended petition and, if the petition be still insufficient, he or she shall file his a certificate to that effect in his or her office and notify the committee of petitioners of his or her findings and no further action shall be had on such insufficient petition. The finding of the insufficiency of a petition shall not prejudice the filing of a new petition for the same purpose. § 8910 Effect of certification of referendum petition. When a referendum petition, or amended petition as defined in section 40488 of this article, has been certified as sufficient by the city clerk, the ordinance specified in the petition shall not go into effect, or further action thereunder shall be suspended if it shall have gone into effect, until and unless approved by the voters, as hereinafter provided. (Resolution 2007-055 adopted 5/21/07, Prop. 1) § 90106 Consideration by council. Whenever the council receives a certified initiative or referendum petition from the city clerk, it shall proceed at once to consider such petition. A proposed initiative ordinance shall be read and provision shall be made for a public hearing upon the proposed ordinance. The council shall take final action on the ordinance not later than sixty days after the date on which such ordinance was submitted to the council by the city clerk. A referred ordinance shall be reconsidered by the council and its final vote upon such reconsideration shall be upon the question, "Shall the ordinance specified in the referendum petition be repealed?" § 9110-7 Submission to voters. If the council shall fail to pass an ordinance proposed by the initiative process, or shall pass it in a form different from that set forth in the petition therefor, or if the council fails to repeal a referred ordinance, the proposed or referred ordinance shall be submitted to the voters at the next available uniform election date from the date the council takes its final vote thereon. (Resolution 2007-055 adopted 5/21/07, Props 1, 55) § 92108 Form of ballot for initiated and referred ordinances. Ordinances submitted to vote of the voters in accordance with the initiative and referendum provisions of this Charter shall be submitted by ballot title, which shall be prepared in all cases by the city attorney. The ballot title may be different from the legal title of any such initiated or referred ordinance and shall be a clear, concise statement, without argument or prejudice, descriptive of the substance of such ordinance, [and] if a paper ballot, shall have below the ballot title the following propositions, one above the other in the order indicated: "FOR THE ORDINANCE" and "AGAINST THE ORDINANCE". Any number of ordinances may be voted on at the same election and may be submitted on the same ballot, but any paper ballot used for voting thereon shall be for that purpose only. If voting machines are used, the ballot title of any ordinance shall have below it the same two propositions, one above the other or one preceding the other in the order indicated, and the elector [voter] shall be given an opportunity to vote for either of the two propositions and thereby to vote for or against the ordinance. (Resolution 2007-055 adopted 5/21/07, Prop. 1) § 93449 Results of election. If a majority of the voters voting on a proposed initiative ordinance shall vote in favor thereof, it shall thereupon be an ordinance of the city. A referred ordinance which is not approved by a majority of the voters voting thereon shall thereupon be deemed repealed. If conflicting ordinances are approved by the voters at the same election, the one receiving the greatest number of affirmative votes shall prevail to the extent of such conflict. (Resolution 2007-055 adopted 5/21/07, Prop. 1) § 94444D Repealing ordinances; publication. Initiative and referendum ordinances adopted or approved by the voters shall be published, and may be amended or repealed by the council, as in the case of other ordinances. However, no ordinance adopted by the council or approved by the voters in response to an initiative petition shall be amended or repealed by the council within two years of the adoption, and no ordinance repealed by the council or rejected by the voters in response to a referendum petition shall be re- enacted by the council within two years of the repeal. (Resolution 2007-055 adopted 5/21/07; Prop. 56) § 95144 Recall; general. Any member of the city council, including the mayor, may be removed from office by recall. § 2644-2 Recall procedure. Any qualified voter living within a council district of the City of Paris may make and file with the city clerk an affidavit containing the name of the council member from that district whose removal is sought, which affidavit shall contain a statement, not to exceed 200 words, of the grounds for removal. Promptly after receipt of a recall petition, the city clerk shall serve, personally or by certified mail, a copy of the affidavit on the council member sought to be recalled. Within 10 days of service of the affidavit, the council member sought to be recalled may file a statement with the city clerk, not to exceed 200 words, in response. Recall petitions shall contain the name and title of the council member, the statement of grounds for the recall, and the response of the official, if any. If no response was filed, the petition shall so state. The clerk shall thereupon deliver to the voter making such affidavit copies of petition blanks demanding such removal. The city clerk shall keep a sufficient number of such printed petition blanks on hand for distribution. Such blanks, when issued by the city clerk, shall bear the signature of that officer and be addressed to the city council, and shall be numbered, dated, and indicate the name of the person to whom issued. The petition blanks, when issued, shall also indicate the number of such blanks issued and the name of the officer whose removal is sought. The city clerk shall enter in a record to be kept in his office the name of the voter to whom the petition blanks were issued and the number issued to said person. (Resolution 2007-055 adopted 5/21/07, Props. 57, 58) § 9744-9 Recall petitions. The recall petition, to be effective, must be returned and filed with the city clerk within 30 days after the filing of the affidavit required in section 112 of this Charter and it must be signed by qualified voters of the district of the city represented by the council member whose recall is sought. The number of signatures on the petition blanks shall be in an amount equal in number to at least 51 percent of the total number of votes cast at the last contested municipal election at which a council member was elected from that district, or the signatures of at least 200 qualified voters of that district, whichever is greater, and shall conform to the provisions of section 8644Z of the Charter. (Resolution 2007-055 adopted 5/21/07, Prop. 59) § 98444 Recall election. After the recall petition is filed with the city clerk, he or she shall at once examine it and, if he or she finds it sufficient and in compliance with the provisions of the Charter, he or she shall within five days submit it to the city council with a 4 & certificate to that effect and notify the officer sought to be recalled of such action. If the officer whose removal is sought does not resign within five days after such notice, the city council shall thereupon order and fix a date for holding a recall election in the district on the next available uniform election date. (Resolution 2007-055 adopted 5/21/07, Prop. 60) § 99444 -Ballots in recall election. Ballots used at recall elections shall conform to the following requirements: (1) With respect to each person whose removal is sought, the question shall be submitted "Shall (name of person) be removed from the office of councilman member by recall?" (2) Immediately below each such question there shall be printed the two following propositions, one above the other, in the order indicated: "For the recall of (name of person)" "Against the recall of (name of person)" § 10046 Results of recall election. If a majority of the votes cast at a recall election shall be against the recall of the officer named on the ballot, he or she shall continue in office for the remainder of his or her unexpired term, subject to recall as before. If a majority of the votes cast at such an election be for the recall of the officer named on the ballot, he or she shall, regardless of any technical defects in the recall petition, be deemed removed from office and the vacancy shall be filled by the city council as in other vacancies. § 101-7 Limitations on recalls. No recall petition shall be filed against a councilma4i--_njgm 2 r within six months after he or she takes office nor in respect to an officer subjected to a recall election and not removed thereby, until at least six months after such election. § 1024.9 District judge may order election. Should the city council fail or refuse to order any of the elections as provided for in this article, when all the requirements for such election have been complied with by the petitioning voters in conformity with this article of the Charter, then it shall be the duty of any one of the district judges of Lamar County, Texas, upon proper application being made therefor, to order such elections and to enforce the carrying into effect of the provisions of this article of the Charter. (Resolution 2007-055 adopted 5/21/07, Prop. 1) ARTICLE XI FRANCHISES AND PUBLIC UTILITIES § -1-19 9 The owner and all Control other- -ship, real oder and right of property powers with control and- of the reference u Cit -y -se of st-Feets, of Par -is is to cite highways, hereby property. declared alleys, par-ks, to be public inalie-n-ah-le places to said city, except by ordinances passed by vote of the majoF" of the goveMing body of the i and no OF eaSeMeRt iHVolving the right to use same, along, aCFOSS, ler- the same, shall ever- be valid, unless expressly granted -a-mid ex-e-r-c-lised in compliance with the terms hereof, and of the ordinances gFanting t same.eMer- na , ,agents, shall be not expressly granted by or- inanee right, fFanchise or- easement The City of Par -is shall have the power-, subject to the terms and provisions , or-dinance1 to confer- upon any per -son or- corporation, the franchise or- right to use the property of the city, as defined in the preceding paragraph, for- the puf!pOse Of fuFnis to the public any general public 1 including heat, ! power-, telephone ser-vic,—, refrigeration, steam, n distribution of We, and the carriage o passengers or! freight-, within the said c" and its subur-bs, over- the streets, highways pr-oper-t-y of said cW, or- fOF any purposes whereby a general seFvice is to be fuFnished to the public; fOF compensation or hire, to be paid to the &anchise holder-, whereby a , paFt, appropriate ne-r- usee ah -pe streets, highways or- other- property of the e" is necessary proper,in and genei!ally to fix and regulate the rates, tolls and charges of all public udilutles of every k4nd operating wit -kin the cor-porate 11 -M -it -S of th--e City of Par -is; , that no franchise shall be granted by said city to any per -son, firm or- cor-por-ati-A-H to , term originally fixed by the ordinance granting the same, except as pFovided by the terms of the city Char-teF; HOF, except as h -e -F -P -1 -m -after- provided, shall any franchise be granted to any per -son, firm or- corporation, their- associates, assigns or- successors, to aequir-e the physical PFOPeFtr, rights or- fFanchise of another- PeFSOnj firm or- eoFpOFation:to w-hOm Or- 3im-b-i-rCh -n h -as already been granted by the citr, whereby the rights and properties held and used under- such &anehise are assigned to any other- per -son, firm or- cor-por-a &anchise of the per -son, firm oF coFpor-ation selling surch physical pr-opeFtieS,, Fights OF fFanchises; womoted provided, by per-mittin- however-, th-at . ing mxhefl- the -it shall properties appp--n-rm of two Uh-e or- more public welfarmp companies 4441-1- doing h-p- t same character- of business to . be under- one eommon owner -ship *-Ike efty mayj, in gr-antin&a franchise for- such properties, allow or, r-equilrf-p- t -:h -p- o3i AVner-!ship of such pr-ope-rtie-s to become vested i„ one owner -ship or one corporation pr-ovided that no debts or corporation, per -son or- ascsaor-intia� of peFsons acquiring the owneFShip of such pFoper-ties h debts and obligations of gaud J them, as could, at the uh-e cFeation of such indebtedness, lawfully be created under- the constitution and laws of the is peFmitted amount of expended State under Such pursuant of -i-a-dip-h-te-d-Re-sis Texas, the provisions to the and rules only shall and to the of the be fixed regulations e.-Aent ordinance nr- that limitpd to the assumption granting i -n- rair-h be formulated such or-di-n-anc-P of such- f0anchise and by the Gity ha-d-p-h-te-dness and thp council the Ramp fr-!om § 121 Droserlllre The -Ch, of Par -is have the power-, byerdinance, mentioned until its third in the and preceding final reading sections shall hereof, he which at three separate ordinance reg shall lar not be meetings passed of the fina By rite u -m -f -A-1 of first. the City No ordinance of granting 7 the last a fr-anehise of which shall shall take pass place any not less reading than thiFty eyeept by avote days fFomthe of major-fty of the efty council, and SUCh OFdinance shall not take effect until six -Ay daysits adoption on its third and final reading) pr-ovided, J that if at any time bel C" Council sih--afl- --sub-mit the question of the granting of said franchise to a vote then of the qualified3voter-s said c;itr, ho- the- o-f-flic-lal provided newspaper- of the C" that of notice of Par -is thereof the City at the shall of Par next be -is pFier- succeeding published at to the holding gene -Fal least twenty of ele-c-Mion days said election. to h -p- successively hp Ball - shall be used briefly describing I(For- the franchise to be voted on A and the "Against terms thereof and „ containing the words, the grunting of a . The vete shall be canvassed by the governing body, a„d should it result it a majority of uFor- u by those voting ther-eon casting their -motes the gFanting of a , then or- enteFed in its minutes, the city counell shall So d-e-c-l-mr-p- -wnd at- roacce- But be tr n take effect. sh-c-buld a majOFit-Y of • such votes east ascepir-tail-m-ed by the eity , council, minutes, the e" council, then the matter may he rP s»bitterl to the qualified voters on petition as the Ming of sueh appileation shall be construed F-e-f-usal. The city eouncil, in passing an until the same ordinance shall have gr-andng been a franchise sub Ittedd I . i a 2nd We appr-o3ved ther-ein that by a major-" it shall of the not qualified take e voters voting the applicant ther-ein for- the franchise,afteF at a general who election. shall All expenses make a deposit of in pubileation ad3VaRC-e shall to Cover- be bor-ne the by estimated § -122 Term nest and of Publication eonditions. to be determined by the rite manager -No dete-F-M-Inate twenty-five years; or- fixed nor- shall term fr-anehise any 7 shall e3ver- be granted for a longer- term than beyond the period now fives for its terrPinatioP1 thdireci or indirectly, or 7 through any whatsoever-, and any ordinance in violation or- e3vansi-ek-m- oeff t -b -is pr-ohlbition shall absolutely now void;means holding any 7 franchise 7 that under- any any Charter- / off- Cha-Fte-vs person or- off- association off-d-i-Rances. of the oper-sons city, surrender- such &ancoF per 1 -son subjeet with to the the pr-h4lege provisions of acquiring of the eity the Charter- properties then in of surch for-ee, and fi-P-A-M-Cub-a-se take a newanother- holde-F upon the of any character- sum F-F-p-luld-p-ji! of appenaining the fFanchise or- rights r -elating t -h -en. held— to any No other- subsidiary fFanchise holdeF, &anchise OF to or- any franchises 7 oF corporation and such grant inviolation acting directly of this or- indirectly prohibition for- shall such be franchise absolutely holder-, vo--id- to shall Ube ement be gr-amted of th ey.eess in r ire P-3. time be umsed- beyond oF the operated life of so Such- M—a-m-n- as to fir-amr-1hise. extend or No enlar-ge franchise, any other- pr-i3vilege fr-anehise or- or- easem pAvilege --F- granted by and anyviolation franchise said privileges re" except of this or- easements-. prohibition upon surrender- shall of such operate original as a for-feitur-p- f-Fanchise o -f- as hemin -and all pr-ol4ded, Imch No holder- right is gr of a -anted- f-Fanchise in the franchise) her-etofe-r-p- o -F to transfer he -re -after- or- assign gFanted its shall pFoper-des city,fiFM have a and right and such (unless fFanchise consent, such to any when given, shall not operate as the granting of a fFanehise or- as a new The cites council shall have the Poumr to compel all Persons7 firms or corporations operating any publie utilities in this 1 whether- operating under- existing franchises, or - that may be heFeafter- granted,fir-a-u-c-h-ise-S. to extend their- / lines, pipes, '7 7 or- if it ean be shownthat the revenue resulting fFom such extension will, within a r-easo-nabble Him -pe- aft-e-r-sam-m. made, pay for depreciation a reasonable return on the 1 after- making the customary allowa All public util" franehises in the C" of Par -is shall be held, whether- expressed in the ordin an ne or not, subject to the right of es the citleash of the following being a conditions. (1) To r-epeal the operation within fr ■ce su riti�iE�l�c���uC�l-Pvr�crcv-vc�Lcri�§ same by ordinance the time pr-eser-ibed poxyer to be er at any time for- failure or othe-six-m-rie -utter-wa�rrvcrc�rca=cararr6 only after due to to comply notice begin and construction with bearing the terms or - of the (2) To require an plant and flytur-!es (3) To establish masonahwe adequate eMension at the highest st—andar-ds of plant and seFvIce, reasonable standard of se-sx-mc-e- and- quality and of the efficiency. of products maintenance and of pr -even • njust aionrimin (4) To rreonrihe the keep its tii ne farm of accounts aecounts in accoFdance or rated kept by each such with the un&r-m utii"; syste-m-- 1 pr-oyided of -ae-evua-ati.q that if the »tiiiti� fAr- said utility pre -se -F -1 -h CommissioneFs, -e -d- by the National- the Feder -a! Power- Assa-feiation of Railroad Commission,shall and Public Utfl4ty the Railvand Commission of Texas, their- successofi or- successors,Commission, • ES'! f E['j S . . RTS TT.tST.T.�:T. r.T.��ET!!Tl.TR.! 7TTFi FC.T (6) To impose such reasonable r-egulationr-.;-i-n-d--r-p-v-.t--r-ic;tionsas maybe deemed desirable or- no�ucive to the saand public. MVrii :�:�sr��. • n:�+t MA i use of the said public streets, highways, alleys and thoroughfares of this city, which does not require the digging up or- similar- interference with said streets, alleys or highways foF the installation of equipment-, appliances oF appuFtenances, to make the intended be tFeated "a use possible, shall and consideFed as pAvilege", subject to the contFol and disposition of the c" council, and such pr-ivilege eveF and upon the said public streets, peFson oF ror-poFation use and when alleys, given highways excepting by oFdinance and thoFoughfar-es when passed public necess" by a two-thiFds of the e" shall and conve-a-le-n-ce vote of not the be e" gFanted m I . council. to any . such All fr-anehises foF the use and occupancy of public stFeets, highways, alleys a thor-oughf-a-Fes. of this c" shall, in event publue- nteevsis." and con - ) require, . be subject to cancellation by the city council; and the e" r-eseFves the right t . 14 it shall be the of the receipts duty fFom of the city the operation council of to pass an or said business -din for- the current ing year-, all expended,The public seFvice how !nder-ed deem per-ti__"_P__R_t_ f-mr- to the public, it—C. 11 se i--"- and any hu-telligently other- facts P�� or- information 'any questions that that the council may between the eivy and the said public sepvice c said reports to be filed ;Axmth thp city der-k,ar- and przs Fved-fo the use A�city couneth Section 103. Power to Grant Franchises. —Thp ownership, rightd mr f r highway5. jjllgy5,padiN, public daces, rights -of -way -and -all other reallgoperty of the ft is declared to be inalienable to the ci No enti . or individuals all have the ri h to oc u such Dublic Drooertvwithout the express permission of and under an express written agreement with the city concerning h_tilities 5hgll Qnly be grgnted the right to QccupanCyuer_ the terms of a franchise areement with the city. All Brants. removals. extensions or amendments f ublic utilit franchises -on,.- under or beneath such public -places shall be the f he city. The city may, ordinance sell lease transfer or oth rw' Iter it control and use of such Dublic . ro erties in accordance with the provisions of this char r. No franchise shall be granted for an indefinite term, nor may a franchise be granted for a term in excess of twenty J201,years. SectjQn 104. Franchise Extensi n . All extensions of a public utility within the city shall become a part of the aggregate )ro ert . of the ublic utility. shall be operated ass and shall be subject to all the obli ations and reserved ri ahts contained in this charter and in state law. The ri ht to use W 101.11 11jllimm� JAI.0 VFW Section 103. Power to Grant Franchises. —Thp ownership, rightd mr f r highway5. jjllgy5,padiN, public daces, rights -of -way -and -all other reallgoperty of the ft is declared to be inalienable to the ci No enti . or individuals all have the ri h to oc u such Dublic Drooertvwithout the express permission of and under an express written agreement with the city concerning h_tilities 5hgll Qnly be grgnted the right to QccupanCyuer_ the terms of a franchise areement with the city. All Brants. removals. extensions or amendments f ublic utilit franchises -on,.- under or beneath such public -places shall be the f he city. The city may, ordinance sell lease transfer or oth rw' Iter it control and use of such Dublic . ro erties in accordance with the provisions of this char r. No franchise shall be granted for an indefinite term, nor may a franchise be granted for a term in excess of twenty J201,years. SectjQn 104. Franchise Extensi n . All extensions of a public utility within the city shall become a part of the aggregate )ro ert . of the ublic utility. shall be operated ass and shall be subject to all the obli ations and reserved ri ahts contained in this charter and in state law. The ri ht to use and maintain an extension shall terminate with the original grant made to the utili Section 105. Exclusivity and Transfer of Franchise. The cit sha 1 not grant an exclusive franchise to any 12ublic utility. No Dublic utilit franchise may be transferred or assigned by the holder except with the approval of the ci expressed by ordinance following a public hearin Section 106. Re ulation of Franchises. All erants. renewals ext 'ons o m n ments of ublic utility -franchises shall be subject to the riLyht of the citv to: (11i reveal the same ordinance at anytime for failure to begin construction or o eration within the time Drescribed or for failure otherwise to comply with grm of fr n hise such power to be exercised onlv after due notice and hearin 2 re uire an adequate and reasonable extension of lant and service and the m in enance of lant and fixtures at a standard by which to render _ e ' est reasonabl Lgality qf 5eryjce to thePublic: (31 establish reasonable standards and quality of service and Drevent un'ust discrimination in service and/or rates, f4l Drescribe,for each franchisee the form of accounts bg k tralt rnatel ire the system of accounts conform to th t required by the aDprQDriate state and or federal re ulator a encies• 5° im ose such reasonable regulations and restrictions-asmay be deemed desirable or conducive to the safety, welfare and accommodation of the ublic; 6 re it franchisees to furnish the city, without cost to the cit a eneral map with updates outlining the location:. character size length, and terminals of all facilities of such franchisee in over and undprgropnd of property in the city. to regulate and control the location relocation and remov f h facilities,• and toprovide detailed information on rpue. . (71 examine and audit at any time during normal business hQurs the accounts and records of the franchisee: 8) require com ensation and rental fees x t as limited by state law for use ofpublic streets sidewalks hi hwa s alle s and oublic -(9)_ require every franchisee to indemnify and hold harmless the cit a ainst an liabilit claims or dama yes inclu in attorney's fees costs and eXDensesl for iniury to persons, including degth.r ama to an ro er arisingout of an intentional negligent act or omission of the franchisee or any of its officers agents, or em to 'ees in connection with the franchisee's construction maintenance and o eration of the franchisee's facilities in the city. Section 107. Franchise Records. The cit shall com ° ile and maintain a public record of all franchises granted by the ci including,any extensions or amendments to such franchise grants. Section 108. Regulation of Rates. 1 Thp city shall h ve full pQwer aftpr due notice and pliblic hearing to regulate ordinance the rates char es and fares of all public utility franchise holders o gratin within the city as authorized by state and federal law. (21 The citv. u on receiving a re uest from a publig service.,,,_desiring a change in rates char es or fares shall call a meetin for consideration of such change. 3 A holder of a franchise to provide a public service or utility in the city must show the necessitv for such service by establishing by clear, competent and convincing evidence: the cost of its investment for service in the ci the amount and character of expenses _ nd revenues connected with renderin the service: and any additionalvi e r u' d b the city. f4l The citv mav select and emolov rate consultants and auditors to inv sti ate an requests or changes in rates charges, or fares. The public service h ll r b se a ci for reasonable and necessar __expenses incurred. Section 109. Records and Accounts;, Annual Reports 11 The citv shall re uire all franchise holders and public service companies operating within the cit to file a sworn annual report of the recei is from the operation of the said business for the current year, how much thereof for betterments or improvements,, the chargesr i. r d tp h ublic and any other facts orinf6rmafiqn.JhaLthgLg& may deem pertinent for its use. Said reports ar o be filed with the city clerk. Such re ports shall be reviewed annually the _cily g9pnCil to determine th propriety of the rate b in char ed. ('21 Anv franchise holder, of a public service com an who shall fora thirLy (301 dad period willinp-1v refuse or fail to report in the manner provided, by this charter or shall file an port mftesnottrulyregortthe fiiigls a afters mentioned therein shall be subject tto__such _ : enalties as mav be nrescribed bv the citv council b ordinance. Section 110. Ci -Owned Utilities The citv council has the rieht to: (11 set rates of cit owngd public_services- 2)i require such city -owned gublic services to keep accounts_ of financial g erations. AcgQunts must show the actual cost of each service to the citv. includin2 costs of extensions and im rovements and source of funds extended for these purDoses.11 C sts and rev nues of.services furnished to other cities orov rnmen n i m be included. Ordinance No. 2022-084 enacted 11/14/2022, Prop. U, Ordinance No. 2022-_ enacted 12/12/2022. ARTICLE XII GENERAL PROVISIONS § 1311 Public records. All records and accounts of every office, department or agency of the city shall be available to the public in accordance with state law,. (Ordinance 95-053, sec. 1, adopted 9/13/95; Resolution 2007-055 adopted 5/21/07, Prop. 61) § 11232 Personal interest. No member of the council or any officer or employee of the city shall have a financial interest, direct or indirect, or by reason of ownership of stock or interest in any corporation or other entity, or in any contract with the city, or be financially interested, directly or indirectly, in the sale of any city land, materials, supplies, or services except on behalf of the city as an officer or employee, in any manner that is inconsistent with or in conflict with the requirements of state law, including applicable provisions of the Texas Local Government Code, the rules of the Texas Ethics Commission, and rulings of the Texas Attorney General. Any willful violation of this section shall constitute malfeasance in office and any officer or employee guilty thereof shall thereby forfeit the office or position. Any violation of this section with the knowledge, express or implied, of the person or corporation contracting with the governing body of the city shall render the contract voidable by the city manager or council. (Resolution 2007-055 adopted 5/21/07, Prop. 62) § 11333 No officer or employee to accept gifts. No officer or employee of the City of Paris shall ever accept, directly or indirectly, any gift, favor, privilege or employment from any public utility corporation enjoying the grant of any franchise, privilege or easement from the city during the term of office of such officer, or during such employment of such employee, except as may be authorized by law or ordinance; provided, however, that policemen and firemen in uniform or wearing their official badges may accept such free services where the same is permitted by ordinance. Any officer or employee of the city who shall violate the provisions of this section shall be guilty of a misdemeanor and may be punished by any fine that may be prescribed by ordinance for this offense, and shall forthwith be removed from office. § 11-34 Relatives of officers shall not be employed. No person related within the second degree of affinity, or within the third degree of consanguinity, to members of the city council or city manager shall be appointed to any office, position or service in the city for which compensation is paid, but this provision shall not affect officers or employees who are already employed by the city for the time periods established by state law when any officer who may be related within the named degree takes office. (Resolution 2007-055 adopted 5/21/07, Prop. 63) I%&! r § 115 Oath of office. Every officer of the city shall, before entering upon the duties of his office, take and subscribe to the following oath or affirmation, to be filed and kept in the office of the city clerk: 1, do solemnly swear (or affirm), that I will faithfully execute the duties of the office of of the City of Paris, State of Texas, and will to the best of my ability preserve, protect, and defend the constitution and laws of the United States and of this state and the Charter and ordinances of this city; and I furthermore solemnly swear (or affirm), that I have not directly nor indirectly paid, offered, or promised to pay, contributed, nor promised to contribute any money, or valuable thing, or promised any public office or employment, as a reward for the giving or withholding a vote at the election at which I was elected, or if the office is one of appointment, to secure my appointment. So help me God." § 11637 Damage suits. Before the city shall be liable to damage claim or suit for personal injury, or damage to property, the person who is injured or whose property is damaged, or someone in his or her behalf, shall give the city manager or the city clerk notice in writing, within thirty days after the occurring of the alleged injury or damage, stating specifically in such notice when, where and how the injury or damage was sustained, and setting forth the extent of the injury or damage as accurately as possible, and giving the names and addresses of all witnesses upon whose testimony such person is relying to establish the injury or damage. No action at law for damages shall be brought against the city for personal injury or damage to property prior to the expiration of sixty days after the notice hereinbefore described has been filed with the city manager or the city clerk. After the expiration of the sixty days aforementioned, the complainant may then have two years in which to bring an action of law. In case of injuries resulting in death, before the city shall be liable in damages therefor the person or persons claiming such damages shall, within thirty days after the death of the injured person, give notice as above required in case of personal injury. § 115 Oath of office. Every officer of the city shall, before entering upon the duties of his office, take and subscribe to the following oath or affirmation, to be filed and kept in the office of the city clerk: 1, do solemnly swear (or affirm), that I will faithfully execute the duties of the office of of the City of Paris, State of Texas, and will to the best of my ability preserve, protect, and defend the constitution and laws of the United States and of this state and the Charter and ordinances of this city; and I furthermore solemnly swear (or affirm), that I have not directly nor indirectly paid, offered, or promised to pay, contributed, nor promised to contribute any money, or valuable thing, or promised any public office or employment, as a reward for the giving or withholding a vote at the election at which I was elected, or if the office is one of appointment, to secure my appointment. So help me God." § 11637 Damage suits. Before the city shall be liable to damage claim or suit for personal injury, or damage to property, the person who is injured or whose property is damaged, or someone in his or her behalf, shall give the city manager or the city clerk notice in writing, within thirty days after the occurring of the alleged injury or damage, stating specifically in such notice when, where and how the injury or damage was sustained, and setting forth the extent of the injury or damage as accurately as possible, and giving the names and addresses of all witnesses upon whose testimony such person is relying to establish the injury or damage. No action at law for damages shall be brought against the city for personal injury or damage to property prior to the expiration of sixty days after the notice hereinbefore described has been filed with the city manager or the city clerk. After the expiration of the sixty days aforementioned, the complainant may then have two years in which to bring an action of law. In case of injuries resulting in death, before the city shall be liable in damages therefor the person or persons claiming such damages shall, within thirty days after the death of the injured person, give notice as above required in case of personal injury. § 11738 Power to settle claims. The city council shall have the power to compromise and settle any and all claims and lawsuits of every kind and character in favor of or against the city, including suits by the city to recover delinquent taxes. § 11839 Service of process against the city. All legal process against the city shall be served upon the mayor or mayor pro tem. § 11940 City not required to give security or execute bond. It shall not be necessary, in any action, suit or proceeding in which the City of Paris is a party, for any bond, undertaking or security to be demanded or executed by or on behalf of said city in any of the state courts, but in all such actions, suits, appeals or proceedings, same shall be conducted in the same manner as if such bond, undertaking or security had been given as required by law, and said city shall be just as liable as if security or bond had been duly executed. § 1204 -Liens against city property. No lien of any kind shall ever exist against any property, real or personal, owned by the city, except that the same be created by this Charter. § 12142 -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. Ordinance No. 2022-084 enacted 11/14/2022, Prop. V, Ordinance No. 2022-_ enacted 12/12/2022. § 12243 Power to remit penalties. The city council shall have the right to remit, in whole or in part, any fine or penalty belonging to the city, which may be imposed under any ordinance or resolution passed in pursuance of this Charter. § 12344 Church and school property not exempt from special assessments. No property of any kind, church, school, or otherwise, in the City of Paris, shall be exempt from any of the special taxes and assessments authorized by this Charter for local improvements unless the exemption is required by state law. § 124-5 Sale or lease of property other than public utilities or acquired by tax sale. Any real property owned by the City of Paris may be sold or leased by the city council when, in its judgment, such sale or lease will be for the best interests of the city; provided, however, a sale or a lease for more than five (5) years shall never become effective until thirty (30) days after passage of the ordinance or resolution affecting same. If, during such thirty day period, a referendum petition is presented to the city clerk, which in all respects conforms to the referendum provisions of article X of this Charter, and same is found sufficient, then the clerk shall certify the sufficiency of same to the city council, and an election shall be called submitting the question of whether or not the sale or lease, as the case may be, shall be consummated. Provided, further, however, the provisions of this section shall not apply to public utilities, nor to property purchased by the city at tax sales. § 12546 Effect of this Charter on existing law. All ordinances, resolutions, rules and regulations now in force under the city government of Paris, and not in conflict with the provisions of this Charter, shall remain in force under this Charter until altered, amended or repealed by the council after this Charter takes effect; and all rights of the City of Paris under existing franchises and contracts are preserved in full force and effect to the City of Paris. Upon adoption of this Charter, it shall constitute the Charter of the City of Paris. § 1264 Continuance of contracts and succession of rights. All contracts entered into by the city, or for its benefit, prior to the taking effect of this Charter, shall continue in full force and effect. Public improvements for which legislative steps have been taken under laws or ordinances existing at the time this Charter takes effect may be carried to completion in accordance with the provisions of such existing laws or ordinances. All suits, taxes, penalties, forfeitures and all other rights, claims and demands, which have accrued under the laws heretofore in force governing the City of Paris, shall belong to and be vested in and shall be prosecuted by and for the use and benefit of the corporation hereby created, and shall not in anywise be diminished, affected or prejudiced by the adoption and taking effect of this Charter. § 1278 Construction and separability clause. This Charter shall be liberally construed to carry out its intents and purposes. If any section or part of section of this Charter shall be held invalid by a court of competent jurisdiction, such holding shall not affect the remainder of this Charter nor the context in which such section or part of section so held invalid may appear, except to the extent that an entire section or part of section may be inseparably connected in meaning and effect with the section or part of section to which such holding shall directly apply. § 1284-1 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 may be 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 submitting 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 be 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 loos than every fire years, the e" manager- shall make recommendations to the e" eounell regarding any pr-opos amend the ChaFter- thant he e-e-a-slidde-r-s. to bee appropriate and in the best interest of the c4ty.- N t less than every five years. the council shall appoint a Charter review commission to review the Charter and make recommendations to the council regarding ro osed amendments if anv, that the commission considers to be aDDrODriate and in the best interest of the citv. Said Charter review comMis,51QD shall gQmpri.5e fifteen members and two rn t who re registered voters of the city and who are selected by council in the following manner: Each of the seven council members shall aDpoint two members to flie commission and the ma or and ma or nro tem shall jQintly anoint. the fifteenth member. The tw It rnate members shall be aPDointed..after..-nomjnafiQU gnd vqtp b the Council., The chair of the coshall be a ointed b the council after nominations and vote and the vice chair shall be elected by the commission from amon its number. Commission members must be re istered voters in the Cit of Paris. Current and former council members and current and former city em to ees are not eligible to be in commission. Once constituted hcommission shall determine the dates and times for, conducting its -meeting -s. Each commission member shall be required -to, attend at least seventy-five Dercent of the commission's meetings. (Resolution 2007-055 adopted 5/21/07, Props. 65-69); Ordinance No. 2022-084 enacted 11/14/2022, Prop. W, Ordinance No. 2022-_ enacted 12/12/2022. § 150 Deserved. Edite-F'S 5/21/07, Prop. 70, deleted 150, note-Resolut-no-m- -20-07-055 adopted see. Which per-tained to submission of the determined- to h -e oh-selete. ch-ar--te-F to el-ecter-s, as said pr-evisions have been §41541 [Char -ter] non -gender- specific. it is u , Wher-ever- in this Charter- an individual- is Fefv-PF-Fed- to in th--e male , it shall he recognized as referring to either- mole or female !Resolution, 20-0-7_055 adopted 512-1/07, Drew 71 Sec. 129. Renu berin of chart r elimination of nd r- ecific references and elimination of references to s ecific state statutes. The city,council shall by ordinance authorize the city attorn-eyto edit this charter for the followin ur o es: 1 to renumber and rearranee all a is s i n n 5mbsect-jqn5_ t jwxgjn,_ or amendments thereto• 2 to eliminate ender -s ecific references from various Drovisions therein and to substitute gender -neutral terms as deemed Mprooriate-_ ani (31 to eliminate from various Drovisions they in all -references to snecific state statutgs,a appropriate. Ordinance No. 2022-084 enacted 11/14/2022, Prop. X, Ordinance No. 2022-_ enacted 12/12/2022.