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05-A Charter Study Committee Min 1-18-06 MEETING OF THE CHARTER STUDY COMMITTEE. CITY OF PARIS CITY COUNCIL CHAMBER 107 E. KAUFMAN STREET PARIS. TEXAS THURSDAY. JANUARY 18, 2007 4:00 O'CLOCK P.M. 1. \'\;.t:;,. I The..Charter Study Co~mittee 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 Charles Waldrum David Nabors Charles Richards Ozie Battle Louise Hagood David Hamilton Bobby Walters (alternate) The following member was absent: David House Also, present were Ernie Clark, Interim City Manager; Janice Ellis, City Clerk; and Monte Akers, legal advisor. ",., , 2. Approval of Minutes. (1/4/2007; 1/10/2007) Chairperson Cecil asked if there were any changes to the Minutes. There were none, and the Minutes were adopted as printed. 3. Report from Monte Akers regarding Section 63, Insurance of Bonds. Chairperson Cecil referred the Committee to Monte Akers' memo of January 18, 2007, and asked if there were any questions. There were no questions. See Monte Aker's memo, attached as Exhibit "A" for all purposes herein expressed. David Nabors made a motion to amend Section 63 as stated in Exhibit "A", and Charles Waldrum seconded the motion. Motion carried, 10 ayes - 0 nays. 4. Report from Monte Akers regarding Section 74, Sale of City Property. Mr. Akers explained he proposed the amendment to follow state law and to ensure open competition. Louise Hagood made a motion to amend Section 74 as stated in Exhibit "A", and David Nabors seconded the motion. Motion carried, 10 ayes - 0 nays. 5. Report from Monte Akers regarding Section 149, Amending the Charter. Mr. Akers explained the proposed changes. He stated the language requiring the city clerk to mail the proposed changes to all registered voters was deleted. 1:ie further stated the words "at the next available uniform election date" was added with regard to calling a charter election. '. Charles Richards questioned the legality of a petition being signed by not less than 10% and asked Mr. Akers to review the law. Mr. Akers reviewed Section 9.04 of the Local Government Code, and told the Committee it should be 5%. Chairperson Cecil referred the Committee to the minutes of January 10, 2007, wherein they voted to add language that would require the city manager to review the Charter at least every five years. Subject to the changes, David Nabors made a motion to amend Section 149 as stated in Exhibit "A", and Charles Waldrum seconded the motion. Motion carried, 10 ayes- o nays. 6. Discussion of possible amendments to the City Charter. Ernie Clark told the Committee for this Charter Election to be successful, he thought the Committee Members would need to go into the community and be able to answer questions regarding the propositions. -- Chairperson Cecil moved the Committee to the items previously identified as cleanup items. Section 3 (Boundaries). Monte Akers suggested deleting the section, because State Law requires cities to prepare and maintain a map showing the boundaries. David Nabors expressed concern with the community's perception if they deleted the section. Chairperson Cecil suggested they amend the section to require the City maintain a current boundary map as required by State Law. It was a consensus of the Committee to keep Section 3 in the Charter and amend as suggested by Chairperson Cecil. Sections 14 and 15 (Hospital: Operation and Hospital: Finances). Mr. Akers stated there was no longer a city hospital and these sections were obsolete. He suggested deletion of these two sections. It was a consensus of the Committee to delete Sections 14 and 15. Section 16 (Number, selection, term). Mr. Akers explained that State law requires that elections be held on uniform election dates. Charles Richards made a motion to amend as stated, and Marva Joe seconded the motion. Motion carried, 10 ayes - 0 nays. Section 33 (Procedure for passage of ordihances). Mr. Akers recommended making n(u:;hange to this se9tion, since they had decided not to change the franchise provisions. It was a consensus of the Committee to not make any changes to this section. Section 58 (Contingent appropriation). David Nabors asked Ernie Crark for an opinion regarding contingent appropriation. Ernie responded by saying he had worked with cities that had it and cities that'did not. He said he thought that a reasonable Council would put money back that was borrowed from a department during an emergency. Chairperson Cecil said he had spoken with Gene Anderson and Gene said this section is an important tool. Robert High said he thought they should leave the section as written in the Charter. Charles Richards made a motion to leave Section 58 as written in the Charter, and Robert High seconded the motion. Motion carried, 10 ayes - 0 nays. Section 79 (Borrowing in anticipation of property taxes) and Section 80 (Borrowing in anticipation of other revenues). Charles Richards said that the two sections needed revisions, such as deleting the word property. Monte Akers said he did not recommend doing so. It was a consensus of the Committee to leave Section 79 and 80 as written in the Charter, with the exception of changing the year from 19 to 20_. Article VIII, Section 86-90 (Tax Administration). Chairperson Cecil told the Committee that the City of Paris was no longer assessing and collecting property taxes, but that it was being done by the Lamar County Appraisal-District. He talked to Gene Anderson regarding changes in these sections. Louise Hagood said she had spoken to the Chief Appraiser and was informed the items in the Charter are no longer valid. Mrs. Hagood said is there no Board of Equalization. Mrs. Hagood suggested deleting all of the sections of Article VIII, with the exception of Sections of 83 and 84. Ernie Clark recommended leaving power to collect taxes by the City in the Charter, in case the City should decide it wants to collect it's own taxes. Chairperson Cecil suggested they keep Section 84, amend it by taking out the word "assess" and make another amendment giving the City the power to collect it's own taxes. Monte Akers said they could amend Section 84 to include levy, assess and collect taxes, as well as provide for seizure and sale of property. ''He recommended making that amendment to Section 84 and deleting the other sections. Chairperson Cecil asked Monte Akers to bring back language for consideration by the Committee. Section 93 (Municipal elections). It was a consensus of the Committee to amend this section to follow State law with regard to the May uniform election date. Section 95 (How to get name on ballot). It was a consensus of the Committee to amend this section to follow State law. Section 99 (Canvassing elections). Charles Waldrum said they should add the run-off language to the section. It was a consensus of the Committee to amend this section to add the run-off election language and to amend this section to follow State law. , SeC?~ion 107 (Submis_~ion to electors). It was a consensus of the Committee to amend this section to change-the electors to voters and to amend this section to fol/ow State law. Section 114 (Recall election). It was a consensus of the Committee to amend this section to follow State law. '. Section 121 (Procedure) and Section 122 (Term and Condition). Monte Akers recommending not amending the sections, since the Committee was not going to address the franchise sections. It was a consensus of the Committee to leave the sections as written in the Charter. Section 131 (Publicity of records). It was a consensus of the Committee to amend the section follow State law. Section 136 (Oath). Mr. Akers suggested changing the Oath to follow the Oath prescribed by the State. David Nabors expressed concern about changing the Oath, as did Charles Waldrum and Robert High. It was a consensus of the Committee to leave the section as written in the Charter. Section 150 (Submission of the Charter to electors). Charles Waldrum suggested they delete this section. It was a consensus of the Committee to delete the Section. The Committee discussed work to be done at future meetings. They will address their presentation to the Community in an effort to speak as one voice. Ernie Clark informed the Committee that he would ask Council to consider setting a special meeting to review and discuss the Propositions. Due to a conflict in scheduling, Chairperson Cecil rescheduled the meeting from Thursday, January 25th to Friday, January 26th at 4:00 p.m. 7. Adjournment. There being no further business, the meetin was adjourned at 6:00 p.m. ,.. ! AKERS & BOULWARE-WELLS, LLP Attorneys at Law 816 Congress, Suite 1725 . Austin, Texas 78701 . Phone: (512) 404-7880 . Fax: (512) 320-5638 Date: January 18,2007 To: Paris Charter Amendment Committee From: ~Monte Akers Re: Proposed Language for Selected Propositions from January 10 meeting Following is suggested language for Sections 63, 74, and 149, as we discussed at the last committee meeting: Sec. 63. Issuance of Bonds. The city shall have the power to issue bonds for permanent improvements and all other lawful pUrposes as provided by statutes of this state and upon proper election of the qualified voters of this city. Such bonds shall specify the purpose for which they are issued and shall draw interest and be issued under such terms as are in the best interests of the city Sec. 74. Sale of city property The city may sell or contract for 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. Sec. 149. 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 less than (10%) of the number of qualified voters of the city. When a charter amendment petition shall have been filed with the council in conformity with the provisions of this Charter by Charter commission, by majority vote of the council, or by petition in the form provided for initiated ordinances, the council shall forthwith provide by election order for submitting such amendment to the voters at the next available uniform. election date. Not less than thirty 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 EXHIBIT "A" voters voting thereon, it shall 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.