05-A Charter Study Committee Min 1-10-07
MEETING
OF THE CHARTER STUDY COMMITTEE, CITY OF PARIS
CITY COUNCIL CHAMBER
107 E. KAUFMAN STREET
PARIS, TEXAS
WEDNESDAY, JANUARY 10, 2007
4:00 O'CLOCK P.M.
1. The Charter Study Committee was called to order by Chairperson, Philip Cecil at
4:00 o'clock p.m.
The following members were present:
Philip Cecil, Chairperson
Bill Payne
Marva Joe
Robert High
David House
Charles Waldrum
David Nabors
Charles Richards
Ozie Battle
Louise Hagood
David Hamilton
Bobby Walters (alternate)
Also, present were Janice Ellis, City Clerk; and Monte Akers, legal advisor.
2. Discussion of possible amendments to the City Charter
Louise Hagood asked that Section 23 (Council not to interfere in appointments or
removals) be revisited with regard to clarification of the word "multiple." Monte Akers
explained the intent was two or more. Mrs. Hagood inquired as to whether or not a Council
Member should make inquiries of employees. Bobby Walters, David Nabors, and David
Hamilton expressed they should leave it as written. Marva Joe said a direct order was
abuse, but not an inquiry. It was a consensus of the Committee to leave the wording in
Section 23.
Chairperson Cecil stated they had reviewed the issues marked as important and
moved the Committee to the questionable issues
Section 6 (Extension of city limits upon petition). Monte Akers explained the
differences between the City Charter and Chapter 43 of the Local Government Code. His
recommendation was to amend the section to follow state law.
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January 10,2007
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David Nabors made a motion to amend Section 23 to follow state law and David
Hamilton seconded the motion. Motion carried, 11 ayes - 0 nays.
Section 7 (Extension of city limits by the City Council). Monte Akers explained
the differences between the City Charter and State Law. He recommended that the
section be amended to follow state law.
Robert High made a motion to amend Section 7 to follow state law and Louise
Hagood seconded the motion. Motion carried, 11 ayes - 0 nays.
Section 18 (Compensation of Members). Bill Payne asked if many cities the size
of Paris compensated it's Council Members. Mr. Akers stated that the majority of cities do
not and if placed on the ballot, it could be controversial.
Charles Richards made a motion to leave Section 18 as written in the Charter and
Louise Hagood seconded the motion. Motion carried, 11 ayes - 0 nays.
Section 54 (Date of final adoption, failure to adopt). Mr. Akers gave an
explanation to the Committee about Truth in Taxation laws. Chairperson Cecil informed
the Committee that he spoke with Gene Anderson, who told him that this had not been a
problem for staff. Mr. Akers recommended not changing the section since it was not a
problem for staff.
Louise Hagood made a motion to leave Section 54 as written in the Charter and
Charles Waldrum seconded the motion. Motion carried, 11 ayes - 0 nays.
Section 63 (Creation of sinking fund and investments). Mr. Akers recommended
deleting 6% and replacing it with the words "a reasonable amount." Chairperson Cecil
informed the Committee that he spoke with Gene Anderson, who asked if it could be more
generic to allow the City to sell bond on the best terms. Charles Waldrum agreed with
Chairperson Cecil, stating that the market had changed considerably since the Charter was
written. Charles Waldrum also recommended they include certificate of obligations.
Chairperson Cecil asked Monte Akers to develop some language and bring it to the next
meeting.
Section 74 (Sale of city property). Monte Akers explained the differences
between the Charter and state law. David Nabors and David Hamilton thought it should
be amended to follow state law. Charles Waldrum suggested not publishing bids regarding
personal property. Chairperson Cecil asked Mr. Akers to develop some language and
bring it to the next meeting.
Section 75 (Purchase procedure). Chairperson Cecil advised the Committee that
the City had been following purchasing procedures addressed by an Ordinance adopted
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January 10, 2007
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by City Council. With regard to going out for bids for purchases in excess of $1 ,000.00,
the Committee elected to amend the section to follow state law.
Section 76 (Contract for improvements). Monte Akers told the Committee this
issue was complicated because of the difference between city improvement and public
improvement. He suggested it be amended to follow state law.
It was the consensus of the Committee to amend the section to follow state law.
Section 77 (Disbursement of funds). Mr. Akers said this section was restrictive
and needed to be rewritten to give the City flexibility, He further said if the city manager
and director of finance were both gone, that checks could not be signed.
Charles Richards made a motion to give the City Council the power to designate two
alternates as authorized signatories and Ozie Battle seconded the Motion. Motion carried,
11 ayes - 0 nays.
Sections 119 through 130, excluding Section 120 (Article XI. Franchises and
Public Utilities). Monte Akers explained that the provisions in the Charter were from the
1940s and were out of date. Chairperson Cecil stated he conversed with Gene Anderson,
who told him there had not been a problem with the franchises. He further stated he
thought they should leave this section alone.
David Nabors made a motion to leave the sections as written in the Charter and
Charles Waldrum seconded the motion. Motion carried, 11 ayes - 0 nays.
Section 120 (Limitation). Charles Waldrum and Charles Richards gave an
overview of the trash privatization issue, which resulted in a special election, After hearing
the presentation, Mr. Akers recommended they leave the wording as is.
Charles Waldrum made a motion to leave the section as written in the Charter and
Bill Payne seconded the motion. Motion carried, 11 ayes - 0 nays.
Section 149 (Amending the Charter). Charles Richards referred the Committee
to the language "Amendments may also be proposed and submitted by ordinances,
passed by a majority vote of the full membership of the council." Mr. Richards said he
thought that should be deleted. Mr. Waldrum agreed. There was discussion regarding the
disseminating of information to the voters. It was a consensus of the Committee that
mailing the proposed amendments to each qualified voter be deleted. It was also a
consensus of the Committee to add wording to the section, that the City take reasonable
steps disseminate the information to the registered voters. Robert High suggested a
generic language about communication. Charles Richards suggested language about
following the uniform election dates. Mr. Richards also suggested they add language
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directing the manager to review the Charter and make recommendations to the Council
regarding revisions every five years. Marva Joe suggested it be two years. Chairperson
asked for a vote. Marva Joe voted for two years and the majority of the Committee voted
for five years. Chairperson Cecil asked Monte Akers to draft the language discussed and
bring it to the next meeting.
The Committee completed the questionable issues.
Monte Akers referred the Committee to his memo dated January 7,2007,wherein
he addressed their concerns expressed at the previous meeting regarding Section 16. At
the previous meeting, there was discussion about delaying the seating of council members
and election of mayor and mayor pro tem, should there be a runoff election. Mr. Akers
suggested adding the following language to allow the council to select a temporary
presiding officer in the absence or disability of the mayor and mayor pro tem. With regard
to interruption of the budget process, Chairperson Cecil told the Committee Gene
Anderson told him that it should not be a problem for the budget process, if there were to
be a runoff election.
Chairperson Cecil announced they would meet January 18th at 4:00 p.m. and would
review the clean-up items.
3. Adjournment.
There being no further business, the meeting was adjourned at 6:00 p.m.
PHILIP CECIL, CHAIRPERSON