03 Explanation Packet for Charter Study Com Report
DATE:
TO:
FROM:
Monday, Feb. 12,2007
Members of the Paris City Council
Members of the Charter Review Committee
Following is an "explanations" packet to accompany the package of 72 proposed
propositions our group is turning over to you for your consideration, regarding a
proposed Charter Amendment Election on Saturday, May 12,2007.
On most of the explanations of the 72 propositions, the entire section under
consideration is shown, including:
1. present language that is not being changed (in regular type);
2. present language that we propose to delete C
through);
3. new language that we propose to add (in bold tyQe and underlined); and
4. an explanation of why the change was proposed, advantage of the change,
possible consequence of failure to change, or other relevant comment
(preceded by the word "EXPLANATION" and in bold type and italicized). .
We hope this will help you understand our thought process as we proceeded through
the challenge you handed off to us.
Sincerely,
Charter Committee Members (chairman Philip Cecil, vice chairman Ozie Battle,
Louise Hagood, David Hamilton, Robert High, David House, Marva Joe, David
Nabors, Billy Payne, Charles Richards, Charles Waldrum, Bobby Ray Walters)
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PROPOSED AMENDMENTS
TO THE
CITY OF PARIS CHARTER
PROPOSITION 1: Replace all references to "electors" in the Charter with references
to "qualified voters" or "voters" as appropriate.
PROPOSITION 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."
PROPOSITION 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.
PROPOSITION 4: In place of outdated city limit boundaries in Section 3, place in
the charter the statement:
The city shall maintain a current. accurate man of its boundaries in the manner
required bv state law.
PROPOSITION 5:
Section 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 councilor in case there are no qualified voters in said territory, then when person
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 that effect to the city council
and shall attach to said petition the affidavit signed by a majority of such qualified
voters, or in case there are no qualified voters said affidavit shall be to the effect what
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 thereupon the eity eouneil at
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regular session held Dot sooner thaD tweDty days after the presentatioD of said
petition the city council~ after followin2 the procedures established bv state law~
may by ordinance annex such territory to Paris and thenceforth the said territory shall
be a part of Paris, and the inhabitants thereof shall be entitled to all the rights and
privileges of other citizens and shall be bound by the acts, ordinance, resolutions and
regulations of said city.
EXPLANATION: Removes confusion among citizens or landowners who desire to
petition for annexation by providing for notice, hearing, and other actions required
by chapter 43, Local Government Code.
PROPOSITION 6:
Section 7. Extension of city limits upon petition.
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.
UpOD the iDtroduction of suck aD ordiDance iD the city couDcil, it s~~~l ~~
;ub'llshcd iD the official Dcwspaper of the city of Paris ODe time, aB~ ~~:!~ ~~~
t";~~fter be tiDally aeted U"OD DDtil at least thirty days have ela"s~d aft.,r the
first publication thcreof.
The city council shall follow all provisions of state law re~ardin~ notice. Dublic
hearin{!s. 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 their
reasons for said contest and after such citizen or citizens shall have been given an
opportunity to be heard 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.
EXPLANATION: As now written, the Charter section on annexation contains no
reference to requirements the Texas Legislature has imposed upon Home Rule
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Cities such as annexation plans, minimum width of annexations, maximum
amount that may be annexed each year, a hearing in the area to be annexed in the
event ofprotest, and other procedural and substantive actions.
PROPOSITION 7:
Section 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
as nearly as practicable, by thc laws governing thc condemnation of propcrty of
railroad corporations in this state, the cit)' taking the position of the railroad
municipal iR any such ease. The city may also exercise the power of eminent
domain in any other manner now or hereafter authorized or permitted by the
constitution and laws of this state, or in the manner and form that may be
pro"/ided by ordinance of the gO"lerning body of the city.
by the laws authorized or permitted by the constitution and laws of this state. or
in any manner and form that may be orovided by ordinance of the ~overnin~
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 for such purposes. 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.
EXPLANATION: Deletes antiquated or unnecessary language, particularly
regarding procedures applicable to railroad corporations.
PROPOSITIONS 8, 9:
Section 10. Establishment and control of streets and other public property.
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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: and all fruit stands,
show eases private oropertv. and encroachments of every nature or character upon
any of said streets and sidewall(S.
EXPLANATION: Amends the title to include other public property; amends the
section to delete antiquated language and to clarify the city's authority to remove
obstructions from public property.
PROPOSITION 10:
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, and highways of the eity,
hi~hwavs and other public property of the city. and may provide for the
improvement thereof by paving, re-paving, raising, draining, constructin!! public
improvements or otherwise.
The provisions of Chapter 106, Fortieth Legislature, First Called Session, Aets
1927, being article 1105b, Vernon's J.A...nnotated Ch'il Statutes of Texas, together
with existing amendments and all such amendments as hereafter may be made,
and aets supplementary thereto, now and thereafter enaeted, are expressly
adopted and made a part of this Charter. The eity's authority over sueh publie
property shall include all authority granted by the Legislature and Constitution
of the state and all eontrol not expressly prohibited by the Legislature or the
Constitution.
The city's authority over such public prooerty shall include all authority !!ranted
by the Le~islature and Constitution of the state and all control not expressly
prohibited by the Le~islature or the Constitution.
Such exclusive dominion, control and jurisdiction in, upon, over and under the public
streets, avenues, alleys: and hi~hways. and other public orooerty of the city shall
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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.
EXPLANATION: Strengthens and clarifies the city's authority over streets and
other public property.
PROPOSITION 11:
Section 12. Carbage Solid waste disposal.
The city council shall have the right by ordinance to adopt and prescribe rules and
regulations for the handling. collection. transDortation. 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
the city for the removal of such waste. garbage, trash and rubbish, providing rules
and regulations for the collection thereof.
EXPLANATION: Updates the language and clarifies the city's authority.
PROPOSITION 12 (Part 1):
Section 14. Hospital: Operation
The City shall haye the authority to acquire, establish and own, either by
purchase, donation, bequest or otherwise all property that may be useful or
necessary for the purpose of establishing and maintaining a municipal hospital.
The City shall also haye the authority to participate in a publie health faeility in
cooperation with the County and State, or the United States. Such hospital shall
be operated by a hospital board, to be appointed by the City Couneil, subject
only to such direction and supervision as shall be contaiaed in any ordinance or
ordinanees duly enaeted by the governing body of said City.
EXPLANATION: Providing in the Charter for a city hospital is no longer relevant.
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PROPOSITION 12 (Part 2):
Section 15. Hospital: Finances
All funds belonging to said hospital, whether classed as funds received in course
of operation, or othenyise, shall be kept in a separate hospital fund, and shall be
used only for the operation' and maintenance of said hospital and for no other
purpose, except that such funds may be used by the City for general operating
purposes with the express consent of the hospital board. The hospital board shall
submit a quarterly operating statement to the Council, and the hospital's books
shall be audited at least once each year by the auditors retained to perform the
annual post audit for the City of Paris, unless othen\rise ordered by the council.
For budget purposes, the hospital 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. -<"-nnual appropriations for the hospital will not be
continuing, but will revert to the general fund in the same manner as the
underspent appropriations of the other departments.
EXPLANATION: Like Section 14, providing in the Charter for a city hospital is no
longer relevant:
PROPOSITIONS 13, 14, 15:
Section 16. Number, selection, term.
The city council shall be composed of seven councilmen who shall be elected in the
following manner:
Elections in and for the City of Paris shall be held in and for the City of Paris on
the first Saturday in May of each year.
Ref:ular municioal elections in and for the Citv 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
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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 eouneil, or spedal meeting, if the same is
neeessary, following eaeh annual election held on the first Saturday in May, the
members of the dty eouneil so eleeted by majority "ote shall eleet a mayor and
mayer pro tem from among their members.
At the first re!!ular meetin!! of the council. or snecial meetin!! if the same is
necessary. after which votes are canvassed for each annual election held in or
about May. includin~ any runoff election that is necessary. the newly comprised
city council shall elect from amon~ its members a mayor and mavor pro tern.
each of whom shall serve at the pleasure of the council. The mavor pro tern shall
act as mayor durin~ the absence or disability of the mavor. In the absence or
disability of both. the council shall desi~nate a member as temporarv presidin!!
officer.
The members of the eity eouneil shall serre not more than two terms in
sueeession and until their sueeessors shall have been eleeted and qualified; and
they shall be ineligible to sueeeed themselves for any additional sueeessive terms.
The members of the city council shall serve not more than two consecutive two-
year terms. after which two years must nass before they are a~ain eli~ible to
serve on the council. Any unexnired 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.
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EXPLANATION: Conforms with changing state election requirements by
requiring that elections be held on uniform election dates, that now occurring on
the second Saturday in May; provides that the selection of a new mayor and mayor
pro tem be delayed until after any runoff election has been held and canvassed;
permits the council to designate a member as temporary presiding officer whenever
neither a mayor or mayor pro tem is present; clarifies that an appointed term will
not count against the two consecutive two-year terms a councilman is permitted to
serve.
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PROPOSITIONS 17, 18:
Section 17. Qualifications.
Each of the seven councilmen shall be at least 2-l 18 years of age or
older, a citizen of the United States of America, a resident of the States
of Texas for 12 months as of the deadline for filing for office, and a bona
fide resident of the district in which he seeks election for 12 months as of
the deadline for filing for office; and shall not have been convicted of a
felony, been adjudged to mentally incompetent, {ouHd to be iH arrears
in the payment of aHY taxes or other liability due to the eity, or be
disqualified by reason of any provision of any other section of the
Charter or of the V.T.C.A., Election Code, Chapter 141, as amended.
A member of the eouneil eeasing to possess any of the qualifications
speeified in this seetion or aHY other section of this Charter, or
eOHvieted of a feloHY while in office, shall immediately forfeit his
office.
A member of the council shall immediately forfeit his office if the
member ceases to nossess any of the qualifications snecified 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 felonv. or is otherwise subject to any type
of court sunervision followinQ" disposition or resolution of a felonv
char~e.
For the purposes of this section, a bona fide residence shall be defined as
an actual place in which the councilman actually resides, prima facie
evidence of which may include a utility account in the name of the
councilman, or his spo~se, parent or child with whom he actually resides.
EXPLANATION: Makes the qualifications for holding city office consistent with
less-restrictive state law by lowering the minimum age from 21 to 18; deletes the
requirement that a candidate for city council 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; further classifies the type of felony for which a member of
the city council shall forfeit his office.
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PROPOSITION 19:
Section 22. 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 shall receive such appointment during the term for which he
shall have been elected, nor within one year after the expiration of his term.
The salary of the eity manager shall be fixed by the city council and he shall hold
office at its will, but if remo'"/ed at any time after six months from his
appointment, he may demand written charges and a public hearing thereon
before the city council prior to the date on which his final removal shall take
effect, but during such hearing the council may suspend him from office.
The salarv of the city mana~er shall be fixed by the city council and he shall hold
office at its will. The city council may suspend the city mana!!er if the mana~er
declines to resi!!n at the request of the council. that request bein!! expressed in a
resolution approved bv a majority vote of the total membership of the council.
Such resolution shall set forth the reasons for suspension and proposed removal.
A cony of such resolution shall be served immediately upon the city mana~er.
who shall have 15 days in which to. reply thereto in writin~. and upon request.
shall be afforded a public hearin~. which shall occur not earlier than 10 days nor
later than 15 days after such hearin!! is reQuested. At such public hearin!!. if one
is reQuested. the city mana!!er will be allowed un to 30 minutes to respond to his
proposed termination. Members of the public will be allowed to speak in support
of or in opposition to termination. and may address anv aspect of the city
mana~er's performance. After the. conclusion of the public hearin~. if one is
requested. or after 15 days if the mana~er has not resnonded to the reQuest to
resi~n. 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
mana~er 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.
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During the absenee or disability of the eity manager the couneil shall designate
some properly qualified person to perform the duties of the office; except in case
of his temporary absence or disability.
Durin~ an absence or disability of the city mana~er. except as provided in
Section 41. the council mav deshmate a Droperlv qualified person to perform the
duties of the office.
EXPLANATION: Establishes an orderly removal procedure in the proposed
. termination of a city manager; the council must specify its reason in a resolution
requesting the manager to resign; it suspends him if he refuses to resign; his right
to a public hearing is broadened to anytime during his tenure; the manager and the
. public are allowed to address the council, and may address any aspect of the
manager's performance; at the conclusion of the hearing and after full
deliberation, the council shall adopt a resolution either reinstating or removing the
city manager.
PROPOSITION 20:
Section 23. Council not to interfere in appointments or removals.
Ncither the council nor any of its mcmbers shall direct the appointment of any
person to, or his removal from office, by the city manager or by any of his
subordinates; provided, however, that the appointment of department heads
shall be subject to the approval of the council.
Neither the council nor anv of its members shall direct the city mana!!er or any
of his subordinates in the apDointment or removal of any city emplovee:
provided. however. that the appointment of department heads shall be subject to
the apDroval of the council.
Except for the purpose of inquiry, the council and its members shall deal with the
administrative serviee 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 !!rounds for removal from office if. followin!! investi~ation bv and a
hearin!! before the council. a council member is found ~uilty of multiple. willful
violations of this section.
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EXPLANATION: Council members are prohibited from directing the city manager
or a subordinate regarding the appointment or removal from office of any person,
or from dealing with city employees other than through the city manager. But no
penalty is specified. The amendment would allow the removal of a councilman with
two or more willful violations.
PROPOSITION 21:
Section 26. 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 shall give notices of its meetings,
shall keep the journal 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 manger shall assign to him,
and those elsewhere provided for in this Charter.
EXPLANATION: Provides that the city clerk shall keep minutes, rather than a
journal, of the council's proceedings.
PROPOSITIONS 22, 23, 24:
Section 27. City judge.
There shall be a magistrate of the munieipal eourt known as the eity judge
who shall be appointed by the dty eouneil to ser"le for a term of two years.
The city council shall appoint a duly licensed attorney to serve as the city
jud~e. with a term of two years.
He may be removed by the city council at any time for incompetency,
misconduct, malfeasance, or disability. He 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,
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the mayor shall aet in the plaee and stead of the dty judge (and in the
event of a yaeaney, until a eity judge is appointed by the eouneil to fill the
yaeaney.)
the council may choose a duly licensed attorney to oerform as actinQ" city
jud~e.
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 for the use and benefit of theeity benefit of the city or as required
by state law.
EXPLANATION: Provides that the city judge shall be a licensed attorney; provides
that if the city judge is unable to perform his duties, the council shall appoint an
attorney to serve as acting judge, rather than the mayor acting as judge; provides
that costs and fines of municipal court will be paid and used for the purposes
required by law - not just exclusively for city benefit (i.e., if the state found the city
to be operating a speed trap and directed excess fines to go to the state).
PROPOSITIONS 25, 26, 27,28,29:
Section 28. City attorney.
The city council shall appoint a eompetent and duly licensed attorney praetieing in
the City of Paris who shall be its city attorney. 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 and until his saeeessor is appointed.
The eity attorney shall represent the eity in all litigation. He shall be the
legal adviser of and attorney and counsel for the city and all officers and
departments thereof. The city may retain le~al counsel 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, subject to the approval of the city council, at such compensation as
may be fixed by the council; and more than one assistant if deemed necessary by the
council, such assistant or assistants to hold office at the will of the city attorney, so
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long as he remains such. or in the absence of the city attornev. at the will of the
city council.
EXPLANATION: Deletes the requirement that the city attorney be a lawyer
practicing in Paris; deletes the requirement that the city attorney hold office utitil
his successor is appointed; deletes the statement that the city attorney "shall
represent the city in all litigation" to clarify that the council may hire other
attorneys for certain lawsuits; clarify that the city attorney may appoint an assistant
city attorney, if he deems necessary, subject to the approval of the city council; and
provide that if the city is without a city attorney, the decision whether to fire an
assistant city attorney is the city council's.
PROPOSITIONS 30, 31:
Section 29. Induction into office; meetings.
OD the seeoDd 'VedDesday Dext followiDg each regular mUDieipal electioD held
UDder this Charter, or any speeial eleetioD for the purpose of filliDg vaeaDcies in
the couDeil, the eouDeil shall meet at the usual time aDd place for holdiDg
meetiDgs, aDd the Dewly eleeted members shall qualify aDd assume the duties of
offiee.
Newly elected members of the council will be sworn in and assume their duties
followin!! a meetin!!scheduled in accordance with the Texas Election Code to
canvass and certifv municil;)al 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.
All meetiDgs of thc council shall be opeD to thc public;
The council and such boards and commissions as are reauired bv law shall
comply with the Texas Open Meetin~s Act and may convene in executive session
only as expressly provided therein. such as consideration of sDecific personnel
matters. certain consultations with an attornev. discussions about the value or
transfer of real property. and discussion of certain economic development
matters. Otherwise. all meetin~s of the council and of its boards and commissions
shall be open to the Dublic and in full compliance with the Texas Open Meetin!!s
Act:
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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.
EXPLANATION: Paris is the only city in Texas not under the Texas Open
Meetings act. This would bring the city and its boards and commissions fully under
the act, including the ability to meet in executive session for personnel matters and
other reasons specifically authorized under the act; deletes the specific date set for
newly elected council members to be sworn in and makes it compatible with state
law.
PROPOSITION 32:
Section 31. Rules of Procedure; Journal minutes..
The council shall determine its own rules and order of business. It shall keep aD
indexed journal minutes and certified a1!endas of its proceedings as required by
state law.
EXPLANATION: Changes title to reflect that a journal is not kept, and specifies
that minutes (of open meetings) and certified agendas (of executive sessions) of its
proceedings are kept rather than journals.
PROPOSITION 33:
Section 34. Investigation 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 provision of this section
shall constitute a misdemeanor and shall be punishable by fine not to exceed ooe
hundred dollars $500. Each day of failure to obey such subpoena shall be
considered a senarate offense.
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EXPLANATION: Puts more teeth into the council's investigations by increasing
the penalty from $100 to $500 for failure to obey a council subpoena, with each day
of failure to obey the subpoena constituting a separate offense.
PROPOSITIONS 34, 35:
Section 58. 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) per centum 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. Expenditures
from this appropriation shall be made only in ease of established emergencies
and a A detailed account of such expenditures shall be recorded and reported. 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.
EXPLANATION: The commission first looked at Section 58 in regard to whether 3
percent was unnecessarily restrictive; however, city finance director Gene Anderson
said it was not. The commission was asked later by Anderson to remove the
restriction of the contingency fund to "established emergencies" only.
PROPOSITION 36:
Section 60. Emergency appropriations.
The city budget may be amended and appropriations altered in aceordance
therewith in eases of gra'"/e publie neeessity the actual fact of which shall have
been certified to in v/riting by not less than 100 resident qualified voters owning
real property within the corporate eity limits of the city which has been
personally rendered for current eity taxes.
Except for minor amendments for municipal purnoses. the city bud~et may be
amended and appropriations altered in accordance therewith onlv in cases of
~rave public necessity.
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EXPLANATION: The requirement that 100 or more residents sign a petition before
a grave public necessity could be declared, allowing the city budget to be amended,
makes emergency amendment difficult and time consuming, which is inconsistent
with a need for prompt response to a grave public necessity. The amendment allows
the city greater leeway to respond to true emergency (homeland security) issues by
permitting the budget to be amended in emergencies as provided by state law and
allows non-emergency, simple amendments if they do not increase the amount of
funds to be expended.
PROPOSITION 37:
Section 62. Bond ordinance and election.
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 property taxpayiBg voters voting as an election called for
the purpose of authorizing the issuance of such bonds.
The bond ordinance shall provide for proper notice, the calling of the election and the
propositions to be submitted. The later shall distinctly specified:
(1) the purpose for which the bonds are to be issued, and, where possible, the
probable period of usefulness of the improvements for which the bond
funds are to be expended;
(2) the amount thereof;
(3) the rate of interest;
(4) the levy of taxes sufficient to pay interest and inking fund;
(5) that the bonds to be issued shall mature serially within a given number of
years not to exceed 40.
The bond ordinance and the manner of conducting the election shall in all respects
conform to the general laws of this state.
EXPLANATION: This amendment would remove the no-longer valid requirement
that voters own property in order to vote on a bond issue.
PROPOSITION 38:
Section 63. Issuance of bonds.
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.A..lI bonds shall be serial bonds and shall specify for what purpose they are
issued. Such bonds shall never draw interest in excess of six perccnt (6010) per
annum and shall neyer be sold at less than par "lalue and aeeumulated interest,
exclusi"/e of commissions. ..A..ll bonds shall contain a redemption provision malung
them callablc at the option of the city upon or after the expiration of fifteen (15)
years from the date of issuance, or sueh redemption provision may be for a lesser
period than fifteen (15) years if sueh proyision will not materially affeet their
marketability or a favorable rate of interest.
The city shall have the power to issue bonds for permanent improvements and
all other lawful purposes as orovided by statutes of this state and uoon apvroval
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.
EXPLANATION: The amendment removes outdated language in regard to the
city's authority to issue bonds. The 6 percent cap could prove too restrictive.
PROPOSITION 39:
Section 64. Advertising and sale of bonds.
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
onee a week for two eonseeuthe weeks, the first publieation to be at least
fourteen (14) days prior to the time set for the sale, and shall be sold at public
sale for the best bid, either at auetion or upon sealed bids, and upon sueh other
terms and eonditions not ineonsistent with express provisions of law and of this
Charter, and as the city eouneil may order.
and sold in the manner most advantal!eous to the city and consistent with
standard practices for municipal bonds. and uoon 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.
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EXPLANATION: deletes outdated notice requirements for the sale of city bonds
and specifies that such bonds shall be advertised and sold in the manner most
advantageous to the city and consistent with modern standards,
PROPOSITION 40:
Section 65. Creation of sinking fund and investments.
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 bonds of the state of Texas, or in seeurities of the United States, or sueh funds
may
in accordance with the city's investment policv and the Public Funds Investment
Act. Such surplus funds may also
be used for the purchase of the 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 or 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
of 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.
EXPLANATION: This replaces outdated language regarding the manner that bond
funds may be invested with language consistent with current law and practices.
PROPOSITION 41:
Section 70. 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 and within the last three
months of the fiscal year, the council may be resolution transfer any unencumbered
19
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appropriation balance or portion thereof from one office, department or agency to
another.
EXPLANATION: At the request of finance director Gene Anderson, removes 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.
PROPOSITION 42:
Section 74. Sale of city property.
Before the dty makes any sale or eontraet for the sale of any property belonging
to the eity, either in the form of land, real estate or other properties, haying an
estimated value of under $1,000 or less, opportunity shall be given for open
competition under such rules and regulations the dty eouncil may prescribe.
In the sale of propcrty "'Ialued at more that $1,000, the property shall be
adyertised for sale and bids in the local newspaper, the eontraet of sale shall be
awarded to the highest responsible bidder, either at auction or upon sealed bids,
after such public notice and competition as may be prescribed, and UpOR such
other terms and eonditioRS Rot inconsistent 'with express provisions of law and of
this Charter, as the city council may order; proyided the dty council shall haye
thc power to reject all bids and advertise again. These same procedures shall be
used whenever the dty ads as transfer agent..
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 ooen
comoetition. The city council may orescribe rules and re2:ulations to ensure that
no person shall have a superior or unfair advanta~e to acauire such prooerty.
EXPLANATION: The requirement that land or other property valued at more than
$1,000 has to be advertised for bids is overly restrictive and expensive. Now,
$25,000 seems more realistic. Instead of another dollar amount that may also
become outdated, the amendment provides that the real and personal property of
the city may be sold only in a manner authorized by state law that ensures open
competition in a fair and responsible manner.
PROPOSITIONS 43, 44:
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Section 75. Purchase procedure.
The director of finance shall have authority to make expenditures without the
approval of the city council for all budgeted items not exceeding $1,000 a maximum
amount established by resolution of the city council. Any expenditure involvin~
more than that maximum amount must be expressly apnroved in advance bv the
citv council. Any expenditure involving more than $1,000 must be expressly
approved in advance by the city couneil. All eontraets or purchases involving
more than $1,000 shall be let to the lowest and best bid by a responsible bidder
after there has been an opportunity for eompetitj-c;e bidding. When an
expenditure of more than $1,000 is involved, notice of the time and plaee, when
and where sueh contraet shall be let shall be published in a newspaper in the
City of Paris oncc a week for two consccutive weel~ prior to the time for malting
sueh purchase or letting sueh contraet, the time of the first publieation to be at
least fourteen (14) days prior to the time for malting sueh purehase or letting
sueh eontract; provided, however, that the city couneil shall haye the right to
rcjcct any and all bids; and providcd further that nothing hcrein shall apply to
contracts for personal or for professional services nor to work done by the city
and paid for by the day as such work progresses. All contracts and purchases by
the city and any amendments or alterations thereto may be made only in strict
comnliance with the nrocedures and requirements established by state law. The
city council shall have the rh:ht to reiect any and all bids.
EXPLANATION: Like Section 74, this section has a $1,000 limitation that is too
restrictive on how much the finance director can spend on budgeted items without
city council approval. A first amendment provides that the city council may
establish the maximum amount of such expenditure, consistent with state law. The
outdated section also requires bids on all city contracts and purchases over $1,000.
A second amendment addresses that point by requiring instead that the city comply
with procedures and requirements established by state law.
PROPOSITIONS 45, 46:
Section 76. Contracts for improvements.
}1ny city improvement costing more that $1,000 shall be executed by
contract except where such improvement is authorizcd by the
21
Council to be executed directly by a dry department in eonformity
with the detailed plans, specifications and estimates. All such
contraets for more than $1,000 shall be awarded to the lowest
responsible bidder after such public notice and competition as may
be prescribed by ordinance, proyided the city council shall havc the
pov/er to rejeet all bids and advertise again.
All city improvements shall be accomplished pursuant to contract
awarded in strict compliance with the nrocedures and requirements
established by state law. The city council shall have the riQ:ht to
reiect any and all bids.
Alterations in any contract may be made when authorized b)' the
council upon the written recommcndations of the city manager when
the only when such alterations do not increase the cost to thc eity
morc than 10 per ccnt of the original amount.
Alterations in any contract may be made when authorized by the
council unon the written recommendation of the city manaQ:er when
and only when such alterations are accomplished in compliance with
the requirements established by state law for chan~e orders to such
contracts.
EXPLANATION: Outmoded language requires the city to get council approval on
any city improvement costing more than $1,000 and seek bids on all contracts of
$1,000 or more, both provisions being excessively restrictive in today's times. State
law, for example, requires competitive bids on contracts in excess of$25,000.
PROPOSITION 47:
Section 77. Disbursements 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 deputy, and countersigned
by the city manager. In the cvent the dty manager is the director of finance, all
checks sign cd by him shall be countersigned by the eity tax assessor and collcctor
or the dty clcrk. The city council may apnoint one or more city officers who shall
22
be authorized to si~n or countersi~n in addition to or in the absence of the
director of finance. his deputy. or the city mana~er.
EXPLANATION: Section 77 provides that all checks, vouchers and warrants be
signed by the director of finance or his deputy and countersigned by the city
manager. The amendment authorizes the city council to designate other authorized
signatories for maximum efficiency of financial operations.
PROPOSITION 48 (Part 1):
Section 79. 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 antieipatioR Rote for the year 19_" (stating the budget year).
"tax anticipation note for the vear 20 " (statim! the bud~et year).
Such notes shall mature and be payable not later than the end of the fiscal year in
which the original notes have been issued.
EXPLANATION: Update the year into the 2is/century.
PROPOSITION 48 (Part 2):
Section 80. 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
"speeial reveRue Rote for the year 19 ."
"special revenue note for the year 20-."
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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 in which
the original notes shall have been issued.
PROPOSITION 49:
Article VIII. T AX ADMINISTRATION.
EXPLANATION: Make the charter consistent with state law in regard to the
administration of taxes, eliminate references to a city Board of Equalization, the
duties of which are now the responsibility of the appraisal district, by deleting
Sections 85 through 92 and adding a sentence to Section 84 to provide for the
collection of delinquent taxes.. through lien and enforcement procedures in a
manner provided by state law.
Section 83. Division of Taxation.
There shall be established in the department of finance a division of taxation, to
assess and collect taxes, the head of which shall be the city assessor and collector.
Section 84. 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 throu~h lien and enforcement procedures in
the manner provided bv state law.
Seetion 85. Property subjeet to tax; method of assessmeRt.
All property, real, persoRal or mixed, lying and being ...."ithin the eorporate limits
of the eity of Paris on the first day of January, Rot expressly exempted by la",',
shall be subjeet to aRRual taxation at its true market value. Eaeh person,
partRership, munieipal, association or other legal entity so olving property
withiR the limits of the City of Paris, shall, between the first day of January and
the 30th day of }..pril of eaeh year, hand to the eity assessor eolleetor a full and
complete S\VOrR inveRtolJ' of thc property possessed or controlled by him, her, it
or them, within said limits on the first day of January of the eurrent year. IR all
cases of failure to obtaiR a statemeRt of real and personal proper!)' from any
24
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cause, the assessor eolleetor shall aseertain the amount and 'value of such
property and assess the same as he belie";es to be the true and full value thereof;
and sueh assessment shall be as valid and binding as if such property had been
rendered by the owner thereof.
Seetion 86. Board of Equalization; appointment; qualifications.
The eity couneil shall eaeh year prior to the first day of June appoint three
residents, who shall be qualified voters and real property owners, as the board of
equalization. Sueh board shall ehoose from its membership a ehairman. The eity
tax assessor eolleetor shall be ex offieio secretary of the board; provided the eity
tax assessor eollector, with the eonsent of the eity eouneil, may designate some
other offieer or employee of the eity to act in his stead. .L\ majority of said board
shall eonstitute a quorum for the transaetion of business. l\fembers of the board
while serving shall reeeive sueh compensation as may be provided for them by
the eity eouneil.
Seetion 87. Board of Equalization; publie hearings; notiee to owner.
At the same meeting that the eouneil appoints the board of equalization, it shall
by ordinanee fix the time of the first meeting of the board, whieh shall be on the
first day of June or as soon thereafter as practieable. After sueh first meeting,
the board may reconvene and adjourn from time to time, and as long thereafter
as may be neeessary it shall hear and determine the eomplaint of any persons in
relation to the assessment roll, provided said board shall be finally adjoined by
the last day of said month. 'Vherever said board shall find it their duty to raise
the value of any property appearing on the tax lists or tax reeords of the eity, it
shall, after having examined sueh lists and reeords and eorreeted all errors
appearing therein, adjourn to a day not less than ten nor more than fifteen days
from the date of adjournment, and shall eause the seeretary of said board to give
written notice to the owner of such property or to the person rendering same of
the time to ,",/hieh said board had adjourned, and that sueh owner or person
rendering said property may at that time appear and show eause why the value
of said property should not be raised. Sueh notice may be served by depositing
the same, property addressed, and postage paid, in the city post office.
Seetion 88. Board of Equalization; power and duties.
It shall be the duty of such board to examine and, if necessary, revise the
assessments as returned by the city assessor eolleetor, to the end that all
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property within the city shall be assessed as fairly and as uniformly as possible.
The board of equalization shall also have the power to:
(1) revievi' on complaint of property owners assessments for the purpose of
taxation of both real and personal property withiR the city made by the
city assessor collector;
(2) admiRister oaths;
(3) take testimony;
(4) hold hearings;
(5) adopt regulations regarding the proeedure of assessment review;
(6) eompel the produetion of all books, doeuments and other papers
pertinent to the investigation of the taxable values of any person, firm or
municipal having or owning property within the corporate limits of the
eity subjeet to taxation.
8eetion 89. Board of Equalization; reeords; approval of rolls.
The board shall be required to keep an aeeurate reeord of all its proeeedings,
whieh shall be available for publie inspeetion. Immediately upon eompletion of
its work, the board shall eertify its approval of the assessment rolls, whieh shall
be returned to the eit)' couneil, whieh shall thereupon approve the said rolls as
returned to it and thereupon adopt the same as the assessment rolls to be used
for the eolleetion of taxes for the eurrent )'ear.
Seetion 90. Taxes; when due and payable.
All taxes due the eity of Paris shall be payable at the offiee of the city assessor
colleetor and may be paid at any time after the tax rolls for the year have been
eompleted and approved, whieh shall be not later than Oet. 1. The eity council
may by ordinance providc that currcnt taxes paid prior to Dec. 31 of the tax year
shall be subject to discounts as follo'ws:
Threc per cent if paid on or before Oct. 31; two per ccnt if paid
after Oct. 31 and on or before Nov. 30; one per cent if paid after
Nov. 30 and on or before Dee. 31.
The eity council may by ordinance pro"lide that all taxes, either current or
delinquent, due the eit)', may be paid in installments (as to current taxes O"ler a
period not exeeediRg ORe )'ear). Taxes whieh are not delinquent on the date of the
first installment payment shall not be deemed delinquent so long as eaeh
installment is paid on the date due, failing in ,,<"{hieh sueh taxes shall at once,
without grace, demand or notice, be subject to such peaalty aad interest as are
26
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imposed by state law (in ease of delinquent sate and eounty taxes) and be deemed
and become delinquent as of February 1 of the year following assessment.
Delinquent taxes paid in installments shall be as to time, amount, prematurity in
event of default and all other pertinent matters be governed by the ordinance
pro".,riding for installment payment of taxes, except to the extent otherwise
controlled by state law.
Seetion 91. Seizure and sale of personal property.
The assessor eollector of taxes shall, by virtue of the tax rolls of the eity, haye
power and authority to seize and levy upon all personal property and sell the
same to satisfy all delinquent taxes together with all penalty, interest and eosts
due on said personal property to the eity. \Vhen he seizes personal property for
sueh purposes he shall keep the same at the expense of the owner until the sale is
made, and shall give notiee of the time and place of sale of same by posting a
written notice at the city hall door and one at another public place within the city
at least ten days before the date of sale. He shall sell the same to the highest
biddcr for cash for all taxes,. interest, eost and expense of earing for said
property, and shall make an entry in the book of sales of the amount reali~e~. ::!~
sueh sales shall be made at the front door of the eity hall. .L\ sale of personal
property for delinquent taxes shall convey "'lith it an absolute title, and the
owner shall have no right to redeem the same.
Seetion 92. Tax liens.
The tax levied by the city is hereby declared to be a lien, charge, or eneumbrance
upon the property upon which the tax is due, which lien, charge or encumbr~~~~
the eity is entitled to enforce and foreclose in any court having jurisdiction over
the same, and the lien, eharge and encumbrance on the property in favor of the
city, for the amount of the taxes due on sueh property is such as to give the state
;~ur;s jurisdictioD to eDforce and foreelosure said lieD on the property on which
the tax is due, not only as against any resident of this state or person whose
;::~:Ree is RRlatoWR, but also as agaiRst ROR resideRts. All taxes RI'OR real
e "" shall especially be a lien and a charge upon the property upon which the
;a~:~ are due, which lien may be foreelosed in any court haying jurisdiction. The
city's tax lien shall exist from January 1st in eaeh year until the taxes are paid.
Such lien shall be prior to all other claims, and nO gift, sale, assignment or
transfer of any kind, or judieial writ of any kind, can ever defeat such lien.
27
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All persons or eorporations owning or holding personal property or real estate in
the City of Paris OB the fist day of January of eaeh )'ear shall be liable for all
munieipal taxes levied thereon for sueh year.
The personal property of all persons owing any taxes to the City of Paris is
hereby made liable for all of said taxes, whether the same be due upon personal
or real property, or upon both.
PROPOSITION 50:
Section 93. Municipal elections.
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 first Saturday in ~Iay 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 with this Charter and with state laws as they may, from time to time, be
amended.
EXPLANATION: The amendment provides 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, to comply with state law, rather than the first Saturday in
May.
PROPOSITION 51:
Section 95. How to get name on ballot.
Any qualified person may have his or her name placed on the official ballot as a
candidate for councilman at any election held for the purpose of electing councilmen
by filing with the mayor or dty elerk at least 45 days prior to the date of eleetion,
city clerk. no later than the time orovided 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.
28
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EXPLANATION: The amendment would 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 (62 days instead of 45 days).
PROPOSITION 52:
Section 96. Council ballots.
The fu.ll 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 eandidates with the same surnames or with Rames so similar as to be likely
to eause eORfusioR are Rominated, the addresses of their plaees of resideRees
shall be plaeed with their Rames on the ballot. The order of the Rames on the
ballot shall be determiRed by lot. The offieial ballots shall be printed not less
than 20 days before the date of eleetion.
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 distineuishinl: description or title. not to exceed four words.
followin~ the candidate's name. The description or title mav only refer to the
candidate's Dlace of residence or present or former profession. occupation. or
position. However. the descrintion or title may not refer to a Dublic office. The
order of the names on the ballot. the form of the ballot. and the deadline for
havin~ the ballots printed shall be accomplished in compliance with state law.
EXPLANATION; The amendment would eliminate the requirement that
candidates' full names be used on the ballot, instead allowing the use of given
names and initials and/or nicknames, and also provide for additional description
when two or more candidates have names so similar that confusion could result.
PROPOSITION 53:
Section 97, Election of councilmen by majority.
A.t the regular munieipal election (or any special election held to fill yacaneies on
the city council) the caRdidates for the office of councilman, to the Rumber to be
29
elected, who shall have received the highest number of votes east in such election
for each office to be filled shall be declared elected. In ease of a tie, a new election
shall be ordered and held conformably to the following seetion of this Charter; at
which the only person eligible to have their names printed on the ballot shall be
those whose yotes were tied in the election at which they were candidates.
At the ref!ular municipal election or anv special election held to fill vacancies on
the city council. the winnin~ 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.
EXPLANATION: The amendment would change the City's method of electing city
councilmen from plurality to majority vote, with runoffs if no candidate gets more
than 50 percent of the vote.
PROPOSITION 54:
Section 99. Canvassing elections.
Returns of eleetions, general and special, shall be made by the election officers to
the city council at its next regular meeting, or at a special meeting called by the
mayor, provided that such meeting shall oeeur nO earlier than two (2) days nor
more than six (6) days after the date of such election, and shall canvass the
returns and deelare the results of sHeh eleetion.
Returns of elections. f!eneral. runoff. and special. shall be made bv the election
officers to the city council. in the manner and durinf! the time required by state
law for the canvassin~ of elections.
EXPLANATION: The amendment would change the outdated dates provided in the
section and provide that the canvassing of elections, including runoff elections, be
conducted in the manner and time required by state law.
PROPOSITION 55:
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Section 100. Power of initiative.
The eleetors Oualified 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
electors voters of the city equal in number to at least hventy five per centum of the
number of yotes cast at the last regular munieipal eleetion 25 percent of the
number of votes cast in the cumulative seven districts in the last contested
~eneral election for each district.
EXPLANATION: The amendment for Section 100 would determine the city-wide
vote by calculating the total of votes cast in the last contested election in each of the
seven single-member districts. This section, as written, still presumes at-large
voting despite a change to single-member districts ordered in the mid-70s by U.S.
District Judge William Wayne Justice. The last contested election is specified
because of some years when only one candidate may file, resulting in no election.
PROPOSITION 56:
Section 101. Power of referendum.
The electors 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 electors voters,
such power being known as the referendum, except in cases of bond ordinances and
ordinances making the annual tax levy. 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 electors voters of the city equal in number to at least 25 per cent
of the Dumber of votes cast at the last preceding regular municipal clection total
number of votes cast in the cumulative seven districts in the last contested
~eneral election for each district may be filed with the city clerk requesting that any
such ordinances be either repealed or submitted to a vote of the cleetors voters.
EXPLANATION: As in Section 100, the amendment for Section 101 would
determine the city-wide vote by calculating the total of votes cast in the last
contested election in each of the seven single-member districts.
-- -T" . ....
31
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PROPOSITION 57:
Section 107. Submission to clectors voters.
If the couBcil shall fail to pass aB ordiBaBee proposed by the iBitiatiYe petition,
or shall pass it iB a form differeBt from that set forth iB the petitioBs therefor, or
if the eouBcil fails to repeal a referred ordiBaBce, the proposed or referred
ordiBaBce shall be submitted to the eleetors Bot less thaB thirty days Bor more
thaB sixty days from the date the couBeil takes its fiBal yote thereoB. The eouBeil
may, iB its diseretioB, aBd if BO regular eleetioB is to be held withiB such period
shall, provide for a speeial eleetioB.
If the council shall fail to pass an ordinance orooosed bv the initiative orocess. or
shall pass it in a form different from that set forth in the oetition 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: State law provides for elections on uniform dates in May and November. This
amends the section to provide for election on a uniform election date.
PROPOSITION 58:
Section 110. Repealing ordinances; publication.
Initiative and referendum ordinances adopted or approved by the electors voters shall
be published, and may be amended or repealed by the council, as in the case of other
ordinances.
However. no ordinance adooted by the council or approved bv the voters in
resoonse to an initiative petition shall be amended or repealed by the council
within two vears of the adoption. and no ordinance repealed by the council or
rejected bv the voters in response to a referendum {letition shall be re-enacted bv
the council within two years of the repeal.
EXPLANATION: This amendment would prevent the city council from thwarting a
successful Initiative or Referendum of the people by immediately reversing it.
However, if study indicated that the initiative or referendum had not worked out, a
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later council could try something different. However, that could not happen for at
least two years after the successful initiative or referendum.
PROPOSITIONS 59, 60:
Section 112. Recall; procedure.
1.^1ny elector of the City of Paris may make and file with the dty elerk an affida"lit
containing the name or names of the offieer or officcrs vlhose removal is sought
and a statement of the grounds for removal.
Any oualified voter livinl! within a council district of the City of Paris may make
and file with the city clerk an affidavit containinl! the name of the council
member from that district whose removal is sou~ht. which affidavit shall contain
a statement. not to exceed 200 words. of the l!rounds for removaL Promptlv after
receiDt of a recall petition. the city clerk shall serve~ personallv or bv certified
mail. a copv of the affidavit on the council member sou~ht to be recalled. Within
10 days of service of the affidavit. the council member sou~ht 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
I:rounds 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 clector 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 eleetor voter to whom the petition
blanks were issued and the number issued of said person.
EXPLANATION: One amendment requires that anyone initiating a petition for
recall must live in the same district as the councilman whose recall is sought. A
second amendment requires that the person initiating the petition must provide a
statement up to 200 words with grounds for the removal and allows the councilman
whose removal is sought to submit a statement of up to 200 words in response. Both
statements will become a part of the petition.
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PROPOSITION 61:
Section 113. 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 Article and it
must be signed
by qualified eleetors of the city equal in number to at least fifty one (51 %~) of the
total number of votes east at the last municipal election at which fORr eouBcilmen
were elected; provided, however, that the petitioB shall eontain the signatures of
at least se"/en hundred (700) qualified electors of the city
by qualified voters of the district of the city represented by the council member
whose recall is sou~ht. The number of sil!natures 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 si!!natures of at least 200 qualified voters of that
district. whichever is l!reater.
and shall conform to the provisions of Section 102 of this Article. No petition papers
shall be accepted as part of a petition unless it bears the signature of the city clerk as
required in Section 112 of this Article.
EXPLANATION: The recall provisions of the Charter were not updated after the
1976 order by U.S. District Judge William Wayne Justice requiring city councilmen
in Paris to run from single-member districts rather than at-large. Consequently, a
successful recall effort still requires the signatures of at least 700 registered voters
as required by the recall provision that was written in 1948, but because of the
court order those signatures have to come from within the district rather than
citywide. The result is that a successful recall petition effort is virtually impossible.
This amendment would require the signatures of 51 percent of the turnout in the
district's most recent contested election, or 200 signatures, whichever is greater.
PROPOSITION 62:
Section 114. Recall election.
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The city clerk shall at oncc recall the recall petition and, 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 this article 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 holding a recall election. A.ny such election shall be held not
~e~ :."t 30 Ror more thllR 60 dllYS llfter the petition hils been presented to the
i T uuncil at the same time as any municipal election held within such p~:~~;
;~t if BO such municipal election be held within sueh period, the city eouneil shall
eall a special election to be held within thc time aforesaid. in the district on the
next available uniform election date.
EXPLANATION: Except for certain exceptions, the state election code requires
elections on uniform election dates in May and November. This would provide that
a recall election for removal of a council member would be held in the district
represented by the councilman on the next available uniform election date.
PROPOSITION 63:
Section 131. Publicity of records. Public records.
All records and accounts of every office, department or agency of the city shall be
available to the public in accordance with the Public Information ..A1et, as amended
state law.
EXPLANATION: "Publicity" is generally considered to mean "newsworthiness" or
a similar concept. Changes the title and text to replace the inappropriate word.
PROPOSITION 64:
Section 132. Personal interest.
No member of the couneil or any officer or emplo)'ee of the city shall haye a
financial interest, dircct or indirect or by reason of ownership of stock in any
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corporation, in any contract with the city, or be financially intcrested dircctly or
indireetly iR the sale to the eity of aRY laRd, materials, supplies, or sen'iees exeept
on behalf of the city as un offieer or employee; provided, howcycr, that the
provisions of this seetioR shall only be applieable when the stoek oWRed by the
offieer of employee exeeeds one pereent (1 ~Io) of the total capital stock of the
corporation.
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 reauirements of state law.
includin~ the apnlicable provisions of the Texas Local Government Code. the
rules of the Texas Ethics Commission. and rulin{!s 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.
EXPLANATION: This makes 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.
PROPOSITION 65:
Section 134. Relatives of officers shall not be appointed or 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
at the time for the time neriods established bv state law when any officer who may
be related within the named degree takes office.
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EXPLANATION: This would bring the city's nepotism law into agreement with
state law that applies only to a position that is paid directly or indirectly from public
funds or fees of office. Like state law, it would not apply to employees who were
already on the payroll for six months in the case of an elected city councilman or
for 30 days in the case of an appointed city councilman or a city manager.
PROPOSITION 66:
Section 135. Persons indebted to the city shall not hold office or employment.
No person shall be qualified to hold a municipal office or serve the city in any
other capacity for which compensation is paid who is, or may become while in
service, in arrears in the payment of taxes or other liabilities due the city.
EXPLANATION: This proposition would delete Section 135, which prohibits any
person who is in arrears to the city in payment of taxes or other liabilities. Federal
courts have held such a prohibition to be invalid.
PROPOSITIONS 67, 68, 69, 70, 71:
Section 149. Amending the Charter.
~:e:;ments ta this Cha~~r m~y be framed aod s~bmitted ta the eleeta~s af the
e " ' a Charter commiSSIOn In the manner pro"llded by law for fram~~~ a~~
~::ttiOg a oew Charter. Amendmeots may alsa be prapased aod s..bmitted by
a. ~;;oee, passed by a majarity 'late af the full membership af the eauoeil, ar by
a "i ion signed by not less than hventy five per eenturm (25~~) of th~ ~~m~~~
~f t;~;e who voted at the last regular municipal election; provided, howe"ler, ~hat
in the latter ease the petition must bear the signatures of at least ten per centum
(1 O~~) of the qualified voters of the city.
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
framin and submittin a new charter or ma be ro osed b a ma' ori vote of
....
the full membership of the city council. or may be proposed by a petition signed
by not fewer than five percent (50/0) of the number of qualified voters in
conformity with the provisions hereof.
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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 eleetors voters.
}..ny ordinanee for submitting a Charter amendment to the eleetors shall proyide
that sueh amendment be submitted at the next regular munieipal eleetion if one
shall oeeur not less that sixty nor more than one hundred and hventy days after
the passage of the ordinanee; otherwise, it shall provide for the submission of the
amendment at a speeial eleetion to be ealled and held within the time aforesaid.
Anv ordinance for submittin~ a charter amendment to the voters shall vrovide
that the election shall occur on the next available uniform election date.
Not less that thirty days prior to sueh eleetion the City Clerk shall mail a eopy of
the proposed amendment or amendments to eaeh qualified voter in said dty as
appears from the latest rolls of the tax eolleetor.
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 Durpose and effect of
the proDosed amendment. includin~ its exact laD!:!Ua~e.
If a proposed amendment be approved by a majority of the eleetors voting
thereon it shall beeome a part of the Charter at the time fixed therein.
If a proDosed amendment be approved by a majority of the qualified voters
votin~ thereon. it shall then become a part of the Charter.
Each amendment shall be confined to one subject; and when more than one amend
shall be submitted at the same time, they shall be so submitted as to enable the
eleetors voters to vote on each amendment separately.
Not less than once every five vears. the city manaQer shall make
recommendations to the city council reQardinQ any proposal to amend the
Charter that he considers to be appropriate and in the best interest of the city.
EXPLANATION: This clarifies the three methods by which the Charter may be
amended under state law concerning Home Rule cities, each of the three ultimately
involving a vote of the people. References to the time frame for submitting a charter
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amendment to the people would be amended to occur on dates as set out in the
Texas Election Code, with the election itself on one of the uniform election dates.
One of five amendments to update Section 149 would replace the requirement that
a copy of proposed Charter amendments be mailed to each qualified voter of the
city. Instead, the city would make available the information "in such manners,
times, and places as the council shall direct... including town hall meetings, civic
club presentations, newspaper articles, numerous places where voter information
material can be picked up, etc. Another of the amendments directs the city manager
to report to the city council at least once every five years on Charter amendments
he feels are needed.
PROPOSITION 72:
Section 150. Submission of the Charter to electors.
The Charter Commission in preparing this Charter finds and decides thai it is
impracticable to segregate each subjeet so as to permit a vote of "yes" or "no" on
the same, for the reason that the Charter is so constructed that in order to enable
it to work and function it is necessary that it should be adopted in its entirety.
For these reasons the Charter Commission direets that the said Charter be ",oted
upon as a whole and that it shall be submitted to the qualified voters ef the City
of Paris at an election to be held for that purpose on the Nov. 2, 1948. If a
majority of the qualified voters voting in such election shall vote in fayor of the
adoption of this Charter, it shall beeome the Charter of the City of Paris a,nd
after the returns have been canvassed, the same shall be declared adopted.
.L\n official copy of the Charter shall be filed with thc records of the city and the
mayor shall as soon as practicable certify to the Secretary of State an
authenticated copy under the seal of the city, showing the approval by the
qualified yoters of such Charter.
All eleetive offiees under this Charter shall be voted on at the same time and at
the same election at which this Charter is submitted to the yoters, and the
candidates therefore shall be governed by this Charter and tal,-e office as herein
proyided, until which time the present officer of the City of Paris shall continue
in office and constitute the City Council of the City of Paris.
In not less than 30 days prior to such election the eity council shall cause the eity
clerk to mail a copy of this Charter to each qualified voter of the City of Paris as
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appears from the tax collector's roll for the year ending Jan. 31 preceding said
election.
EXPLANATION: This proposition proposes deletion of this section, 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.
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