03 Charter Review Com Report
TO:
FROM:
SUBJECT:
DATE:
Mayor and City Council Members ./'" "
Ernie Clark, Interim City Manager /~
Report from the Paris Charter Study Committee
February 12, 2007
I am passing on to you the proposed changes to the Paris City Charter, recommended by the
Paris Study Committee appointed by the City Council in November of2006 by unanimous vote.
In meetings leading up to the selection of Committee members, it appears to me in reviewing
video tapes and minutes of the Council meetings that it was the desire of the City Council that
proposed changes to the Charter not get bogged down in politics. From the method of selection
of the Committee, it appears to me that you have removed as much of the politics as possible
from the proposed Charter changes. The Committee is a good cross-section of the voters and the
politics of Paris, Texas.
I have had the privilege of attending the last three meetings of the Committee and have reviewed
all the proposed changes, additions, and deletions to those changes, which has left me excited
about the work of this Committee. I have seen the cooperation, debate, and compromise to the
final document during these three meetings. If the prior meetings were conducted in the same
manner as these three meetings, the City of Paris is most fortunate in having assembled a
Committee of this dedication in wanting to see Paris as a better community.
The leadership provided by Mr. Philip Cecil has been outstanding. He has given every member a
chance to present proposed changes and debate those changes, and has encouraged them to arrive
at a consensus in an amicable way for adoption by the Committee. He accomplished this in a
very professional way. I have been involved in four major charter changes in my public service
career over the past 45 years, and I have never before witnessed the outcome of this Committee's
deliberations and cooperation for the well-being of their community.
You should give Mr. Cecil and each member of the Committee a standing ovation when they
present their work to you. This is what a community can do when it decides that it can work
together. This is a true "community effort". The Committee met at least nine times, for a
minimum of two hours for each meeting, plus the time they spent in researching, reading, and
preparing changes for the Committee's review. I spoke with several Committee members who
indicated that they had spent in excess of 60 hours in addition to the regular meeting hours. You
cannot ask more of people. Please respect their knowledge, dedication, and sincerity to this very
important assignment.
This appears to me to be the first move in healing for this troubled City, and it indicates that this
community can come together and work together, although they may have differences of
opinion, but they can make decisions in the best interest of the City.
. .-<....". ,........."
A special meeting has been called for Thursday, February 15, at 6:00 p.m. to receive the
Committee's proposed charter changes. I am giving you this document tonight so that you can
review it before that meeting. Please take time to review the reasons for each proposed change.
I believe each of you would see areas that you think could or should be changed. Once the
Council starts to change the document presented to them by the Charter Study Committee, then it
becomes the City Council's document and as more changes are proposed by the Council, it will
eventually become a political document, and its chances for approval will diminish. I plead with
you to pass the proposed Charter Study Committee's document on to the voters AS IS and let the
voters decide.
It will be the Council's responsibility to see that the voters are educated on this document. The
Council needs a plan and a strategy as to how this will be done. The Paris Charter Study
Committee appointed by you, I believe, will agree, if asked by the Council, to hold District
meetings to explain and answer all questions concerning the importance of the changes. I
strongly recommend that you ask them to assist you in educating the voters on this very
important document.
This is a time in the life of Paris, Texas, when you should let the voters decide on the changes to
this document that will govern them in the future. I believe this process will help reduce some of
the divisiveness that appears to me to exist in this community.
Paris, Texas, deserves a chance for a new beginning - give it to them!
February 8, 2007
TO THE CITY COUNCIL OF THE CITY OF PARIS
Since being appointed by the city council last fall, the Charter Study Committee, assisted
by consultant, Monte Akers, has been meeting regularly over the past several months to
examine the city charter and recommend appropriate changes or additions to update this
document.
The efforts of this committee have resulted in seventy two recommended changes or
additions to the charter. By means of this letter and the attachments these changes are
transmitted to the city council for its consideration and later submission to the voters of
the City of Paris for approval.
As you probably know from an article recently appearing in the Paris News, several
committee members expressed concern during our deliberations about council members
receiving proper training to enhance the operation of our city government. Although not
included as a possible change or addition to the charter, we recommend that the council
provide for its members, especially new councilmen, the necessary training to maintain a
high level of job performance.
The Committee also concluded, after lengthy discussion and input from Mr. Akers, that
the city council currently has the authority to enter into an employment contract with a
city manager should it decide to do so. Recognizing this authority, the Committee felt
that further empowerment in the charter was not necessary.
The Charter Study Committee has made its best effort to recommend charter changes
which would facilitate efficient city government while protecting the interests of the
citizens of Paris.
Your appointed Charter Study Committee recommends your approval of these
amendments, and further recommends adoption by the voters of the City of Paris.
FOR THE CHARTER STUDY COMMITTEE
It ~
Philip R. Cecil, Chairman
""-- "'T
AKERS & BOULWARE-WELLS, LLP
Attorneys at Law
816 Congress Avenue, Suite 1725 . Austin, Texas 78701 . Phone: (512) 404-7880 . Fax: (512) 320-5638
MEMORANDUM
TO: Paris Charter Amendment Committee
FROM: Monte Akers
DATE: February 8, 2007
RE: FINAL: Charter Amendment Propositions
1. Replace all references to "electors" in the Charter with references to "qualified
voters" or "voters" as appropriate.
o For
o Against
2. Add a new section to Article XII, "General Provisions," numbered appropriately,
"Non-gender specific," which shall read:
It is understood, wherever in this Charter an individual is referred to in the
male gender, it shall be recognized as referring to either male or female.
o For
o Against
3. Amend the Charter to correct a typographical error in Section 33, "Procedure
for passage of ordinances," to replace an erroneous reference to Article X with a
correct reference to Article XI.
o For
o Against
4. Amend Section 3, "Boundaries," to require the city to keep a current map, consistent
with state law, so that the section shall read:
The city shall maintain a current, accurate map of its boundaries in the manner
required by state law.
o For
o Against
1
5. Amend Section 6, "Extension of city limits upon petition," to require that the
procedures established by state law shall apply to city annexation of territory that is
requested by petition of landowners or qualified voters in the territory, so that the
following language:
... thereupon the city council at regular session held not sooner than twenty
days after presentation of said petition ...
shall be replaced with:
... the city council, after following the procedures established by state law...
o For
o Against
6. Amend Section 7, "Extension of city limits by the city council," to require that the
procedures established by state law shall apply to city annexation of territory that is
initiated by the city council, so that the following language:
Upon the introduction of such ordinance in the city council, it shall be
published in the official newspaper of the City of Paris one time, and shall not
thereafter be finally acted upon until at least thirty days have elapsed after the
first publication thereof.
shall be replaced with:
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.
o For
o Against
7. Amend Section 9, "Eminent Domain," to clarify the meaning by deleting antiquated
or unnecessary language, particularly regarding procedures applicable to railroad
corporations, so that the entirety of the section following the first sentence shall read:
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 any manner and form that may be provided by
ordinance of the governing body of the city. The power of eminent domain
hereby conferred shall include the right of the city to take the fee in the lands
so condemned and such power and authority shall include the right 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.
o For
o Against
2
8. Amend the title of Section 10, "Establishment and control of streets," to include other
public property, so that the title shall read:
Section 10. Establishment and control of streets and other public
property .
D For
D Against
9. Amend Section 10, "Establishment and control of streets," to delete antiquated
language and to clarify the city's authority to remove obstructions from public
property, so that the section shall read:
The City of Paris shall have the power to layout, 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.
D For
D Against
10. Amend Section 11, "Street improvements," to strengthen and clarify the city's
authority over streets and public property so that the section and its title shall read:
Section 11. Street and public property improvements.
The City of Paris shall have exclusive dominion, control, and jurisdiction in,
upon, and over and 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.
D For
D Against
11. Amend Section 12, "Garbage disposal," to update the language and clarify
the city's authority, so that the section and its title shall read:
3
Section 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.
o For
o Against
12. Delete Section 14, "Hospital: Operation," and Section 15, "Hospital: Finances,"
because they are no longer relevant.
o For
o Against
13. Amend Section 16, "Number, selection, term," to provide that city elections shall be
held on the state's uniform election date in or about May of each year, so that the
second sentence shall read:
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.
o For 0 Against
14. Amend Section 16, "Number, selection, term," to clarify that term limits for council
members who are appointed to fill an unexpired term before being elected do not
include the unexpired term, so that the fourth paragraph shall read:
The members of the city council shall serve not more than two 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.
o For
o Against
15. Amend Section 16, "Number, selection, term," to clarify that the time for the city
council to select a new mayor and mayor pro tem shall not occur until after any runoff
election has been held and canvassed, so that the third paragraph shall read:
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 tern, each of whom shall serve at the pleasure of the council. The
4
mayor pro tern 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.
D ForD Against
16. Amend Section 17, "Qualifications," to make the qualifications for holding city
office consistent with less-restrictive state law by lowering the minimum age from 21 to
18.
D For
D Against
17. Amend Section 17, "Qualifications," to delete the requirement that a candidate for
city council may not be in arrears in the payment of any taxes or other liabilities due to
the city, such prohibition having been held to be invalid by federal courts.
D For
D Against
18. Amend Section 17, "Qualifications," to further classify the type of felony for which a
member of the city council shall forfeit his office, so that the next-to-last sentence in the
section shall read:
A member of the council shall immediately forfeit his 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.
D For
D Against
19. Amend Section 22, "Appointment and removal of city manager," to change the
procedure whereby the council may remove the city manager by first suspending him
by resolution, then holding a hearing at which the city manager and the public may
address the council, after which the council shall adopt a resolution either reinstating or
removing the city manager, so that the second paragraph shall read:
The salary of the city manager shall be fixed by the city council and he 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 proposed termination. Members of
5
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 41, the council may designate a properly qualified person to perform
the duties of the office.
o For
o Against
20. Amend Section 23, "Council not to interfere in appointments or removals," to
provide that a council member who violates the section by interfering in appointments
or removals of any employee by the city manager, or by not dealing through the city
manager and giving orders to subordinates of the city manager may, after multiple,
willful violations and a hearing, be removed from office, so that the section shall read:
Neither the council nor any of its members shall direct the city manager or any
of his 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 ofthis section.
o For
o Against
21. Amend Section 26, "City clerk," to provide that the city clerk shall keep minutes,
rather than a journal, of the council's proceedings, so that the section shall read:
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 shall give notices of
its meetings, shall keep the minutes of its proceedings, shall authenticate by
his 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, and those elsewhere provided in this Charter.
D For
D Against
6
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22. Amend Section 27, "City judge," to provide that the city judge shall be a licensed
attorney so that the first sentence shall read:
The city council shall appoint a duly licensed attorney to serve as the city
judge, with a term of two years.
D For
D Against
23. Amend Section 27, "City judge," to provide that if the city judge is unavailable to
act for any reason that rather than the mayor acting as judge, the council shall appoint
a duly licensed attorney to serve as acting judge, so that the fourth and fifth sentences
are replaced with the following sentence:
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.
D For
D Against
24. Amend Section 27, "City judge," to comply with state law by providing that
costs and fines of the municipal court shall be paid and used for the purposes
required by law in addition to being used for the benefit of the city, so that the
last sentence reads as follows:
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 ofthe city or as required by state law.
D For D Against
25. Amend Section 28, "City attorney," to delete the requirement that the city attorney
be a lawyer practicing in Paris, so that the first sentence reads as follows:
The city council shall appoint a duly licensed attorney who shall be its city
attorney.
D ForD Against
26. Amend Section 28, "City attorney," to provide that whereas the city attorney shall
hold office at the will of the council and for the compensation fixed by the council, he
need not remain in office until his successor is appointed, so that the second sentence
reads as follows:
He shall receive for his services such compensation as may be fixed by the
council and shall hold his office at the will of the city council.
D For
D Against
27. Amend Section 28, "City attorney," deleting the first sentence of the second
paragraph, which reads "The city attorney shall represent the city in all
7
litigation," to clarify that the council may hire other attorneys for certain
lawsuits.
D For
D Against
28. Amend Section 28, "City attorney," to clarify that the city attorney may appoint an
assistant city attorney, if he deems necessary, subject to the approval of the city council.
D For D Against
29. Amend Section 28, "City attorney," to specify that should the city attorney be
absent, any assistant city attorneys shall serve at the will of the city council, so that the
last paragraph shall read:
The city attorney shall have power to appoint an assistant city attorney,- if
deemed necessary by him, 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 remains such, or in the
absence of the city attorney, at the will of the city council.
D For
D Against
30. Amend Section 29, "Induction into office; meetings," to delete the requirement for a
specific day that the elected members of council shall take office and to replace it with
the date required by state law, so that the first sentence shall read:
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.
D For
D Against
31. Amend Section 29, "Induction into office; meetings," to allow the city council to
convene in executive session for personnel matters and other reasons specifically
authorized under the Texas Open Meetings Act, so that the final sentence shall read:
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 ofthe council.
D For
D Against
8
32. Amend Section 31, "Rules of procedure; journal," and its title to specify that the
council shall keep minutes and certified agendas of its proceedings, rather than a
journal, in the manner required by state law, so that the section and its title shall read:
Section 31. 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.
o For
o Against
33. Amend Section 34, "Investigation by council," to increase the penalty from $100 to
$500 for failure to obey a council subpoena, with each day of failure constituting a
separate offense, so that the section shall read:
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 provision of this section shall constitute a misdemeanor and
shall be punishable by fine not to exceed $500. Each day of failure to obey
such subpoena shall be considered a separate offense.
o For
o Against
34. Amend Section 58, "Contingent appropriations," to provide that the contingent
appropriation that is maintained in the city budget may be spent for purposes other
than an emergency after approval by the city manager and city council, so that the
section shall read:
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, after 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.
o For
o Against
35. Amend Section 60, "Emergency appropriations," to provide that the city budget
may be amended only in a manner provided by state law, so that the section shall read:
9
The city budget may be amended and appropriations altered in accordance
therewith only in a manner provided by state law.
o For
o Against
36. Amend Section 60, "Emergency appropriations," to delete the requirement that
before the city budget is amended in the case of a grave public necessity that the actual
fact of that necessity must be certified to in writing by no less than 100 resident
qualified voters who own real city property that has been rendered for taxes.
D For
D Against
37. Amend Section 62, "Bond ordinance and election," to delete the requirement that
only voters who own property may vote to approve or disapprove a bond issue, so that
the first sentence shall read:
The city shall authorize the issuance of bonds by a bond ordinance passed by
an affirmative vote of a majority of all members of the city council, and
approved by a majority of the qualified voters voting at an election called for
the purpose of authorizing the issuance of such bonds.
D For
D Against
38. Amend Section 63, "Issuance of bonds," to delete outdated language in regard to the
city's authority to issue bonds so that the section shall be amended to read:
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
approval by the qualified voters of this city at an election. 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.
D For
D Against
39. Amend Section 64, "Advertising and sale of bonds," to delete outdated notice
requirements for the sale of city bonds and to specify that such bonds shall be
advertised and sold in the manner most advantageous to the city and consistent with
modern standards, so that the section shall read:
All bonds of the city, after having been authorized and issued in accordance
with the provisions of this Charter and the laws of the state, shall be
advertised and sold in the manner most advantageous to the city and
consistent with standard practices for municipal bonds, and upon such other
terms and conditions not inconsistent with express provisions of law and of
this Charter. The city council shall have the right to reject any or all bids or
other offers.
10
r
D For
D Against
40. Amend Section 65, "Creation of sinking fund and investments," to replace outdated
language regarding the manner that bond funds may be invested with language
consistent with current law and practices, so that the section shall read:
The ordinance authorizing any bonds to be issued shall provide for the
creation of a sinking fund sufficient to pay the bonds or warrants at maturity,
and make provision for the payment of the interest thereon as it matures, and
any surplus in any sinking fund or any general fund may be invested in
accordance with the city's investment policy and the Public Funds Investment
Act. Such surplus funds may also be used for the purchase of bonds or
warrants of the City of Paris that are not yet due; provided, however that the
price paid for said bonds or securities shall not exceed the market value at the
time of purchase and the accrued interest provided for in said bonds or
securities, and provided further that no such bonds or securities shall be
purchased which, according to their terms, mature at a date subsequent to the
time or maturity of the bonds for the payment of which such sinking fund was
created. Neither interest nor sinking fund shall be devoted to any other
purpose whatsoever.
D For
D Against
41. Amend Section 70, "Transfers of appropriations," to delete the requirement that the
city manager may transfer unencumbered appropriations from one department to
another during the last three months of the fiscal year only, so that the section shall
read:
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
D For
D Against
42. Amend Section 74, "Sale of city property," to provide that the real and personal
property of the city may be sold only in a manner authorized by state law that ensures
open competition so that the section shall read:
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.
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o For
o Against
43. Amend Section 75, "Purchase procedure," to delete the current $1,000 limitation on
the amount of an expenditure by the director of finance for budgeted items without city
council approval, providing instead that the city council may establish the maximum
amount of such expenditure, so that the first two sentences shall read:
The director of finance shall have authority to make expenditures without
approval of the city council for budgeted items not exceeding a maximum
amount 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.
o For
o Against
44. Amend Section 75, "Purchase procedure," to delete the current $1,000 threshold
for city contracts and purchases, above which the city must award the contract to the
lowest responsible bidder after public notice and competition, replacing it with a
requirement that city contracts or purchases may be made only in strict compliance
with the competitive bidding and similar procedures established by state law, so that
the entirety of the remainder of the section following the end of the second sentence
shall read:
All contracts and purchases by the city and any amendments or 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.
o For
o Against
45. Amend Section 76, "Contracts for improvements," to delete the current $1,000
threshold for expenditures of more than $1,000 for city improvements, above which the
city must award the contract to the lowest responsible bidder after public notice and
competition, replacing it with a requirement that city contracts or purchases may be
made only in strict compliance with the competitive bidding and similar procedures
established by state law, so that the first and second sentences are replaced with the .
following:
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.
D For
D Against
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46. Amend Section 76, "Contracts for improvements," to replace the last sentence,
which provides that alterations to any contract may be made when authorized by the
council upon recommendation of the city manager only when such alterations do not
increase the cost to the city more than 10 percent of the original amount of the contract,
replacing it with a requirement that any alteration to a contract that is approved by the
council upon recommendation of the city manager be made in strict compliance with
state law requirements regarding change orders to contracts, so that the last sentence
shall read:
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.
D For
D Against
47. Amend Section 77, "Disbursement of funds," to authorize the city council to appoint
alternate city officers who shall be allowed to sign or countersign city checks, vouchers
or warrants, and to delete outdated language, so that the section shall read:
All checks, vouchers, or warrants for the withdrawal of money from the city
depository shall be signed by the director of finance, or his 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 deputy, or the city manager.
o For 0 Against
48. Amend Section 79, "Borrowing in anticipation of property taxes," and Section 80,
"Borrowing in anticipation of other revenues," to replace date references for tax
anticipation notes and special revenue notes to 20th Century years ("year 19 _") with
21 st Century years ("year 20_"), so that the relevant language of the sections shall
read:
"tax anticipation note for the year 20_"
and
"special revenue note for the year 20_"
D For
D Against
49. Amend Sections 84 through 92 in "Article VIII. TAX ADMINISTRATION," to
make the charter consistent with state law in regard to the administration of taxes by
eliminating references to a city Board of Equalization, the duties of which are now the
responsibility of the appraisal district, so that Sections 85 through 92 are deleted, and
Section 84 is amended to read:
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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.
D For
D Against
50. Amend Section 93, "Municipal elections," to provide that the regular municipal
election shall be held on the uniform election date provided by state law that occurs in
or about May of each year, so that the first sentence reads as follows:
The regular election for the choice of members of the council as provided in
Section 16 of this Charter shall be held each year on the uniform election date
provided by state law that occurs in or about May.
D For
D Against
51. Amend Section 95, "How to get name on ballot," to make the charter consistent with
state law in regard to the time that a candidate for city council must make application
to be on the ballot so that the section shall read:
Any qualified person may have his 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.
D For
D Against
52. Amend Section 96, "Council ballots," to make it consistent with state law with
regard to how names of candidates are printed on the ballot, so that the section shall
read:
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
Election 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.
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o For
o Against
53. Amend Section 97, "Election of councilmen by majority," to provide that candidates
for city council shall be elected by majority vote, requiring that the winner receive more
than 50 percent of the votes cast, rather than by plurality vote, in which the winner is
the candidate receiving the most votes, and that in the event of a tie there shall be a
runoff election, so that the section reads as follows:
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 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.
D For
D Against
54. Amend Section 99, "Canvassing elections," to provide that the canvassing of
elections, including runoff elections, shall be conducted in the manner and time
required by state law, so that the section reads as follows:
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.
D For
D Against
55. Amend Section 100, "Power of initiative," to clarify that the number of signatures
required on a petition to initiate an ordinance under the power of initiative is based on
the total votes in all seven districts in the last contested election in each, so that the
section shall read:
Qualified voters of the city shall have power to propose any ordinance except
an ordinance appropriating money or authorizing the levy of taxes, and to
adopt or reject the same 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.
D For
D Against
56. Amend Section 101, "Power of referendum," to clarify that the number of
signatures required on a petition to repeal an ordinance under the power of referendum
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is based on the total votes in all seven districts in the last contested election in each, so
that the third sentence shall read:
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 total 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.
D For
D Against
57. Amend Section 107, "Submission to electors," to establish that the next available
uniform election date shall be the time when any ordinance proposed by voters through
the initiative or referendum process that the city council fails to pass or repeal shall be
on the ballot, so that the section shall read:
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 thereof, 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.
D For
D Against
58. Amend Section 110, "Repealing ordinances; publication," to provide that
ordinances adopted by initiative may not be repealed for two years and ordinances
repealed by referendum may not be re-adopted for two years, so that the second
sentence shall read:
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 councilor
rejected by the voters in response to a referendum petition shall be re-enacted
by the council within two years of the repeal.
D For
D Against
59. Amend Section 112, "Recall procedure," to require that any voter who mes a
petition for recall must live in the district of the councilman whose recall is sought.
D For
D Against
60. Amend Section 112, "Recall procedure," to provide that a voter who mes a
petition seeking the recall of a council member shall me a statement of not more
than 200 words stating the grounds for removal, and that the council member
may also submit a response of not more than 200 words, both of which shall be
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made a part of the recall petition, so that the first portion of the section will
read:
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.
o For
o Against
61. Amend Section 113, "Recall petitions," to specify that the minimum number of
signatures required on a recall petition shall be equal to at least 51 percent of the votes
cast in the last contested election in the district represented by the council member
whose removal is sought, or 200 signatures, whichever is most (rather than 51 percent
of all votes cast citywide, or 700 signatures, whichever is most), so that the first two
sentences shall read:
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
the Charter and 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 102 of the Charter.
o For
o Against
62. Amend Section 114, "Recall election," to provide that a recall election for removal
of a council member shall be held in the district represented by the council member on
the next available uniform election date, as required by law, so that the section shall
read:
After the recall petition is filed with the city clerk, he shall at once examine it
and, if he finds it sufficient and in compliance with the provisions of the
Charter, he shall within five days submit it to the city council with his
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
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holding a recall election in the district on the next available uniform election
date.
o For
o Against
63. Amend Section 131, "Publicity of records," to provide that city records shall be
public and available to the public in accordance with state law, so that the section and
its title shall read:
Section 131. 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.
o For
o Against
64. Amend Section 132, "Personal interest," to make the prohibitions against council
members, officers and employees having any financial interest in city property or
contracts the same as those imposed by state law, so that the first sentence shall read:
No member of the councilor 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 the applicable provisions of the Texas
Local Government Code, the rules of the Texas Ethics Commission, and
rulings of the Texas Attorney General.
o For
o Against
65. Amend Section 134, "Relatives of officers shall not be appointed or employed," to
make the city's prohibitions against nepotism consistent with state law, so that the
section and its title shall read:
Section 134. 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 councilor 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.
o For
o Against
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66. Delete Section 135, "Persons indebted to the city shall not hold office or
employment," which prohibits any person who is in arrears in payment of taxes or
other liabilities due the city from holding office or being compensated for service to the
city, due to the fact that such a prohibition has been held to be invalid by federal courts.
D For
D Against
67. Amend Section 149, "Amending the Charter," to clarify that there are three
methods by which the Charter may be amended, as provided by state law, all of which
require approval of the voters at an election on a uniform election date, so that the first
two sentences shall read:
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 (5%) of the number of qualified voters
in conformity with the provisions hereof.
D For
D Against
68. Amend Section 149, "Amending the Charter," by deleting the fourth sentence
allowing for a special election and replacing it with a provision that the election shall be
held on the next available uniform election date, as required by the Texas Election
Code, so that the fourth sentence shall read:
Any ordinance for submitting a charter amendment to the voters shall provide
that the election shall occur on the next available uniform election date.
D For
D Against
69. Amend Section 149, "Amending the Charter," to replace the requirement that all
proposed amendments to the Charter be mailed to all qualified voters, replacing it with
a requirement that the amendments and information about them be provided to the
voters in manners, times, and places directed by the council, so that the third sentence
from the end shall read:
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.
D For
D Against
70. Amend Section 149, "Amending the Charter," to clarify that if an amendment to the
Charter is approved by the voters it shall become a part of the Charter without the
need to fix a time for it becoming a part, so that the second sentence from the end shall
read:
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If a proposed amendment be approved by a majority of the qualified voters
voting thereon, it shall then become a part of the Charter.
D For D Against
71. Amend Section 149, "Amending the Charter," to require the city manager to
recommend to the city council at least once every five years any amendments to the
charter that he considers to be appropriate and in the best interest of the city, so that a
sentence shall be added to the end that shall read:
Not less than once every five years, the city manager shall make
recommendations to the city council regarding any proposal to amend the
Charter that he considers to be appropriate and in the best interest of the city.
D For
D Against
72. Delete Section 150, "Submission of the Charter to electors," which specified the time
and manner for submitting the original Charter to the voters in 1948 and filing it
thereafter, as well as the election of the first set of city officers in 1948, due to its being
obsolete.
o For
o Against
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