03 Calling Special Election Charter AmendmentsRESOLUTION N0.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS, ORDERING A SPECIAL CITY-WIDE ELECTION FOR
THE CITY OF PARIS, PARIS, TEXAS TO BE HELD ON THE SECOND
SATURDAY IN MAY 2007, SAME BEING THE 12Tg DAY OF MAY 20079
BETWEEN THE HOURS OF 7:00 09CLOCK A.M. AND 7:00 0'CLOCK
P.M., BY THE QUALIFIED VOTERS OF THE CITY OF PARIS, PARIS,
TEXAS, WITH EARLY VOTING FOR THE SAME BEING CONDUCTED IN
THE CITY HALL ANNEX WEST, FROM THE 30Tg DAY OF APRIL 2007,
THROUGH THE 8Tg DAY OF MAY 2007, MONDAY THROUGH FRIDAY,
BETWEEN THE OURS OF 8:00 0'CLOCK A.M. AND 5:00 0'CLOCK P.M.,
WITH ADDITIONAL HOURS OF 8:00 0'CLOCK A.M. UNTIL 8:00
0'CLOCK P.M. ON THE 30TA DAY OF APRIL, 2007 AND THE 15T DAY OF
MAY 2007, ON SEVENTY-TWO (72) SEPARATE PROPOSITIONS TO
AMEND THE CITY CHARTER OF THE CITY OF PARIS, PARIS, TEXAS.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS,
TEXAS:
SECTION l. That a Special Election for the City of Paris, Paris, Texas be held by the
qualified voters of the City of Paris, Paris, Texas, on the second Saturday in May, 2007, same being
the 12t" day of May 2007, between the hours of 7:00 o'clock a.m. and 7:00 o'clock p.m. for the
purpose of submitting to the qualified voters of the City seventy-two (72) separate propositions to
amend the Charter of the City of Paris, Texas. The proposed amendments shall take effect upon their
adoption and the entering of an order by the City Council declaring the amendments adopted.
SECTION 2. The proposed Charter amendments are attached hereto as Exhibit "A."
SECTION 3. Paper ballots shall be used for the special election, which election shall be
held in compliance with the provisions of the Texas Election Code, and the vote shall be upon an
official ballot prepared in such manner as will permit the voters to vote "For" or "Against" each
proposition separately, with the propositions to be printed on the official ballot in a form
substantially similar to the form attached hereto as set as Exhibit "A". One AutoMark Voter Assist
Terminal Version 1.0 will be avilable in each polling place pursuant to Section 61.012 of the Texas
Election Code.
SECTION 4. This special election shall be conducted in compliance with the laws of the
State of Texas, the Paris City Charter, and Paragraphs 2, 3, 5, and 7 of the Order entered March 15,
1976, in Civil Action No. P-75-3-CA, in the District Court of the United States for the Eastern
District of Texas, Paris Division.
SECTION 5. That the polling places and election officials of such election shall be as
follows:
District One (1):
Polling Place: Red River Valley Fair Grounds, West Side Building
570 E. Center Street
Officials: Edith Bills , Presiding Judge
Frankie Dan erfield, Alternate Presiding Judge
District Two (2):
Polling Place: Justiss Elementary School
401 N.W. 18'hStreet
Officials: Shelia Clavton , Presiding Judge
Addie Bufford , Alternate Presiding Judge
District Three (3):
Polling Place: Travis Jr. High School
3270 Graham Street
Officials: Betty Hanna, Presiding Judge
Billie Cullum, Alternate Presiding Judge
District Four (4):
Polling Place: Cecil Everett Elementary (N. Lamar)
3201 Lewis Lane
Officials: Bettv Poole, Presiding Judge
Martha Bone, Alternate Presiding Judge
District Five (5):
Polling Place: City Hall Annex West
150 S.E. ls` Street
Officials: Wanda Tharp, Presiding Judge
Rebecca Moore, Alternate Presiding Judge
District Six (6):
Polling Place: Paris Junior College
Applied Technology Building
2400 Clarksville Street
.2.
Officials: Bob Burk, Presiding Judge
BLtty Poole, Alternate Presiding Judge
District Seven (7):
Polling Place: Ramseur Baptist Church
3400 Lamar Avenue
Jessie Bolton, Presiding Judge
Paula McLerran, Alternate Presiding Judge
Section 5. The Presiding Judge of the respective polling places shall designate and
appoint at least two (2) and not more than four (4) competent and qualified clerks for such respective
polling places and as many voting boxes as may be required for the efficient conduct of said election.
Section 6. That early voting for the election described in Section 1 above shall be
conducted under the direction of the City Clerk by herself and her deputies as ordered in separate
order herefrom, beginning on the 3 Oth day of Apri12007, through the 8th day of May 2007, Monday
through Fnday, between the hours of 8:00 o'clock a.m. and 5:00 o'clock p.m, with additional hours
of 8:00 o'clock a.m. unti18:00 o'clock p.m. on the 30th day of April and the 1 S` day of May, 2007.
Section 7. That the polling places and election officials for early voting of said election
shall be as follows:
EARLY VOTING:
Polling Place: City Clerk's Office
City Hall Annex West
1501 st Street S.E.
EARLY BALLOT BOARD:
Officials: Leigh Igo, Presiding Judge
Josette Penrose, Alternate Presiding Judge
Section 8. There is hereby created an early voting ballot board which consists of the
presiding judge, the alternate presiding judge, as designated in Section 6 above, and at least two
other members to be appointed by said presiding judge. The early voting ballot board shall carry out
the duties enumerated in Chapter 87 of the Election Code of the State of Texas.
Section 9. Such election shall be held in accordance with the laws of the State of Texas
governing general and municipal elections, the District Court Order dated March 15,1976, and with
the provisions of the City Charter and Ordinances of the City of Paris, wherein the City Charter and
ordinances do not conflict with the above described laws or Orders.
-3-
Section 10. The Chief of Police of the City of Paris is hereby directed and instructed to
post a properly executed Notice of Election pursuant to this order of election, signed by the Mayor
of the City of Paris and attested by the City Clerk, on the bulletin board in the City Clerk's Office,
on the board provided for notices at the City Hall door, and at each of the polling places designated
above, which are within each district in which the election is to be held, at least twenty (20) days
before the election; further, a properly executed copy of such Notice of Election shall be published
at least one time not more than twenty-five (25) days nor less than ten (10) days before the election
in at least one daily newspaper published in the City of Paris, and a copy of the notice shall be filed
with the City Clerk of the City of Paris, together with the posting officer's return and the newspaper
certificate of publication.
Section 11. The pay of the judges and clerks of said election is hereby authorized and
established as follows: $8.00 per hour for each judge and clerk; the election judge who delivers the
returns of said election immediately after the votes have been counted to the proper office shall be
paid an additional sum of $25.00 for that service, provided also, he shall make return of all election
supplies not used when he makes returns of such election.
Section 12. That this resolution shall be effective from and after its date of passage.
PASSED AND ADOPTED by the City Council of the City of Paris, Texas in special
meeting, at the City Hall of said City, on this 21 st day of February, 2007.
Richard Manning, Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, City Attorney
-4-
I
EXHIBIT "A"
PROPOSITIONS FOR CHARTER AMENDMENTS
l. Replace all references to "electors" in the Charter with references to "qualified .
voters" or "voters" as appropriate.
❑ For
❑ 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.
❑ For
❑ 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. .
❑ For
❑ 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.
❑ For ❑ Against
h
5. Amend Section 6, "Extension of city limits upon petition,." to require th~ha~ s
procedures established by state law shall apply to city annexanon of terri Sor ~hat the
requested by petition of landowners or qualified voters in the territory,
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
❑ For
❑ 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 Pans 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 nobce,
public heanngs, and other procedures required for annexatlon of temtory y a
home rule city.
❑ For
❑ Against
7. Amend Section 9, "Eminent Domain," to clarify the meaning by deleting antiqu
or unnecessary language, particularly regarding procedures apphcable 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 tlie power of eminent domain, it
may be controlled by the laws authorized or permltted by the constitutlon 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
d
hereby conferred shall include the right of the city to take the fee in the 1 t o
so condemne d an d suc h power a n d a u t h o n t y s h a l l i n c l u d e t h e ri ghf
condemn public prope r ty. T he ci ty s h a l l h a v e and p o s s e s s t h i s p o w e r o
condemnation of property within or wit hou t t he c o r p o r a t e l imits f heren
municipal or public purpose, even though not specifically enumerated
or in this Charter.
❑ For
❑ 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.
❑ For
❑ Against
9. Amend Section 10, "Establishment and control of streets," to delete antiq ua~tl d
language and to clarify the city's authority to remove obstruchons from p
property, so that the section shall read:
The City of Paris shall have the power to lay out, establish, open, alter, Wl,
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 remov
11
from streets, sidewalks, alleys and other public property or places °e or
obstructions, private property, and encroachments of every natu
character.
❑ For ❑ Against
10. Amend Section 11, "Street improvements," to strengthen and clarify thedeity's
authority over streets and public property so that the section and its title shall rea
Section 11. Street and public property improvements.
The City of Paris shall have exclusive dominion, control, and jurisdictionana
upon, and over and under the public streets, avenues, alleys, highways,
other public property of the city, and may provide for the i provement
draining, constructing public
thereof by paving, repaving, raising,
improvements, or otherwise. The city's authority over such publ property
f he
shall include all authority granted by the Legislature and Constitution o
state and all control not expressly prohibited by the Legislature or the
Constitution. Such exclusive dominion, control and junsdiction m, 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 he sole
regulate, locate, relocate, remove, require the removal or relocation at t
cost of the owner, or prohibit the location of all utility pipes, lines, wires,
poles, conduits, appurtenances, supporting facilities, or other property.
❑ For ❑ 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 ~ f
all municipal, hazardous, and industrial solid waste, or other garbage, tra ,
and rubbish within the City of Pans over which a city may exercise
and
junsdiction un der sta te law, an d s h a l l f u rth e r h a v e t h e n g h t t o f i x c h a r g
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.
❑ For
❑ Against
12. Delete Section 14, "Hospital: Operation," and Section -15, "Hospital: Finances,"
because they are no longer relevant.
❑ For ❑ Against
13. Amend Section 16, "Number, selection, term," to provide that city elections ~a llthe
held on the state's uniform election date in or about May of each year, so t
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.
❑ For
❑ 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 eligib
to serve on the council. Any unexpired term to which a member is appoi ed
shall not be counted toward such consecutive terms. Members shall serve until
their successors have been elected and qualified.
❑ For ❑ Against
15. Amend Section 16, "Number, selection, term," to clarify that the time for t~unoff
council to select a new mayor and mayor pro tem shall not occur unhl ~eae~r.any
election has been held and canvassed, so that the third paragraph shall
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~ ~l r
about May, including any runoff election that is necessary, tha or and
compnsed city council shall elect from among rts mem council. The
mayor pro tem, each of whom shall serve at the pleasure of the
4
mayor pro tem shall act as mayor during the absence or disability oa eha
mayor. In the absence or disability of both, the council shall design
member as temporary presiding officer.
❑ For
❑ Against
16. Amend Section 179 "Qualifications," to make the qualifications for hold'w ~li o
office consistent with less-restrictive state law by lowering the mmimum age from 18.
❑ For
❑ Against
17. Amend Section 17, "Qualifications," to delete the requirement that a candidat
city council may i►ot be in arrears in the payment of any taxes or other habihhes due to
the city, such prohibition having been held to be invalid by federal courts.
❑ For ❑ 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 ln this section or any
other section of the Charter or while in office is convicted of a felony, or
placed on felony probation or placed on deferred adjudicatlon for a fe , is otherwise subject to any type of court supervision followmg disposition or
resolution of a felony charge.
❑ For ❑ Against
19. Amend Section 22, "Appointment and removal of city manager," to change ~th~
procedure whereby the council may remove the city manager by first suspeg ma
by resolution, then holding a hearing at which the city manager e her h ublireinstating or
address the counci l, a f ter w hic h t h e c o u n c i l s h a ll a d o p t h rshall read:
removing t he ci t y m a n ag e r, s o t h a t t h e s e c o n d p a r a g r a p
The salary of the city manager shall be fixed by the city council and he sh~e
hold office at its will. The city council may suspend the city manager 1
manager declines to resign at the request of the councll, that requesbershieing
expressed in a resolution approved by a majonty vote of the total mem p
of the council. Such resolution shall set forth the reasons for suspension and
proposed removal. A copy of such resolution shall be served immedlate
in
upon the city manager, who shall have 15 days in which to reply ~ he shall
writing, an d upon reques t, s h a l l b e a f f o r d e d a p u b l i c after such hearing is
occur not earlier than 10 days nor later than 1 the cit will be
requested. At such public heanng, lf one is requestd, Y manager
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 's Op ositifon to
ormance.
termination, and may address any aspect of the city managerper
After the conclusion of the public heanng, if one is requested, or after leT d~ll
if the manager has not responded to the request to resign, and ~ shall
consideration, the city council by a majority vote of rts total mem rna manager shall
adopt a final resolution of removal or reinstatemen~e of a final reso ution of
continue to receive full salary untl] the effectl removing the city
removal. The action of the council m suspendng or
manager shall be final, it being the intention of this charter to vest all authofity
and fix all responsibility for such suspension or removal in ~ha cl ~Y~vided in
During an absence or disability of the city manager, ep to perform
Section 41, the council may designate a properly q alified Person
the duties of the office. ❑ For
❑ Against
nd Section 23, "Council not to interfere in appointments or remov ~~ents
20. Ame
rovide that a council member who violates the section by int ~ealing through the city
P
or removals of any employee by the city manager, or b~an manager may, after multiple,
manager and giving orders to subordinates of t thatgthe section shall read:
willful violations and a hearing, be removed from office, so
Neither the council nor any of its members shall direct the city manager
loyee;
of his subordinates in the appointment or removal of ads shall be subject
provided, however, that the appointment of department0 ini the council
to the approval of the council. Except for the purpose qurY,
and its members shall deal with city employees solely through t ders lto
manager, and neither the counci l nor any m e m b e r t h e r e o f s h~aa~ g l v It shall be
any subordinates of the city manager, either publicly or pn y
grounds for removal from office if, following investigation by and a heafing
before the council, a council member is found guilty of multip e, w llful
violations of this section.
❑ For ❑ Against
minutes,
Amend Section 26, "City clerk," to provide that the city clerk shall keead
21.
rather than a journal, of the council's proceedmgs, so that the sectton shall re
The council shall designate an officer of the city who shall be recommendeo
by the city manager to serve as clerk of the council. He shall gu~henticate by
its meetings, shall keep the minutes of its proceedings, shall ose of
his signature and record in full in a book kept and mdexed f0 the as uh e city
all ordinances and resolutions, and shall perform such other duties
manager shall assign to him, and those elsewhere provided in this Charter.
❑ For
❑ Against
6
mend Section 27, "City judge," to provide that the city judge shall be a licensed
22. A
attorne y so that the first sentence shall rea d:
The city council shall appoint a duly licensed attorney to serve as the city
judge, with a term of two years.
❑ For
❑ Against
. Amend Section 27, "City judge," to provide that if the city judge is unavailable to
23
for an reason that rather than the mayor acting as judge, the council shall appoint
act Y udae so that the fourth and fifth sen ences
a duly licensed attorney to serve as acting j b~
are replaced with the following sentence:
the council may
In the event of failure of the city judge to act for any reason,
choose a duly licensed attorney to perform as acting city judge.
❑ For ❑ Against
24. Amend Section 271 "City judge," to comply with state law by providing that
costs and fines of the municipal court shall be paid and used f cl thso purPOses
required by law in addition to being used for the benefit of the ty,
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 of the city or as required by state law.
❑ For ~ ❑ 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.
❑ For ❑ Against
end Section 28, "City attorney," to provide that whereas the city attorney shahll
26. Am
hold office at the will of the council and for the compensation fixed b Sehond sentence
need not remain in office until his successor is appointed, so that th
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.
❑ For
❑ Against
27. Amend Section 28, "City attorney," deleting the first sentence of the seco all
paragraph, which reads "The city attorney shall represent the crty m
7
litigation," to clarify that the council may hire other attorneys for certain
lawsuits.
❑ For
❑ Against
" to clarify that the city attorney may appoint an
28. Amend Section 28, "City attorney,
assistant citY attorney, if he deems necessary, subject to the approval of the city council.
❑ For ❑ Against
29. Amend Section 28, "City attorney," to specify that should the city attorna~ t e
absent, anY assistant city attorneys shall serve at the will of the city council, so th
last paragraph shall read:
The city attorney shall have power to appoint an assistant city attorne
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 assistan tsito
attorney if deemed necessary by the council, such assistant or assistan
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.
❑ For
❑ Against
30. Amend Section 29, "Induction into office; meetings," to delete the requirementfWi h
sPecific day that the elected members of council shall take office and to replace
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 wlth the Texas Elec on
Code to canvass and certify municipal election returns.
❑ For ❑ Against
31. Amend Section 29, "Induction into office; meetings," to allow the city cou ~c 11
convene in executive session for personnel matters and other reasons
shall read: y
authorized under the Texas Open Meetings Act, so that the final sentence
The council and such boards and commissions as are required by law shall compas
with the Texas Open Meetings Act and may convene in executive session only trs
expressly provided therein, such as consideration of specific personnsfer o matf real
certain consultations with an attorney, discussions about the value or tran
proPertYand discussion of certain economic development matters. Otherwise, all
~ .
meetings of the council and of its boards and commisslons shall be open to the public
and in full compliance with the Texas Open Meetings Act, special meetmgs shall be
called by the city clerk upon request of the mayor, city manager, or a majonty of the
members of the council.
❑ For
0 Against
8
32. Amend Section 31, "Rules of procedure; journal," and its title to specify thh
council shall keep minutes and certified agendas of its proceedings, rather han a
J'ournal, 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.
❑ For
❑ Against
33. Amend Section 34, "Investigation by council," to increase the penalty fromo t
$500 for failure to obey a council subpoena, with each day of failure constitutng 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 4d to make investigations as to
municipal affairs, and for that purpose may subpoena witnesses, administee
oaths, and compel the production of books, papers and other evidence. Failur
ers or other evidence as
to obey such subpoena or to produce books,
11 c on titute a misdemeanor and
ordered under the provision of this section s
shall be punishable by fine not to exceed $500. Each day of failure to obey
such subpoena shall be considered a separate offense.
❑ For ❑ Against
34. Amend Section 58, "Contingent appropriations," to provide that the contingent
her
appropriation that is maintained in the city budget may be spentf u~ ~rp ses o
o that the
than an emergency after approval by the city manager and city ~ ,
section shall read:
Provision shall be made in the annual budget and in the approp eeti 3
ordinance for a contingent appropnation in an amount not more than t~' (
percent of the total general fund expenditure, to be used in case of unforeseen
items of expenditures. Such contingent appropfiation shall be under che
control of the city manager and distributed by him, after approval by the y
council. A detailed account of such expenditures shall be recorded had
reported to the city council. The proceeds of the contingent appropfiation s
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.
❑ For ❑ Against
get
35. Amend Section 60, "Emergency appropriations," to provide that the city b ea~
may be amended only in a manner provided by state law, so that the sect~on shall r
9
The city budget may be amended and appropriations altered in accordance
therewith only in a manner provided by state law.
❑ For
❑ Against
36. Amend Section 609 "Emergency appropriations," to delete the require actual
before the city budget is amended in the case of a grave public necessity
h rih 100 he
resident
fact of that necessity must be cer t i f ie d t o i n w r i t i n g b Y n for taxes.
qualified voters w ho own rea l ci t y p r o p e r t y t h a t h a s b e e n r e n dered
❑ For ❑ Against
37. Amend Section 62, "Bond ordinance and election," to delete the requirement ~hat
only voters who own property may vote to approve or disapprove a bond issue, so the first sentence shall read:
The city shall authorize the issuance of bonds by a bond ordinance passed~byd
an affirmative vote of a majonty of all members of the city cou lll for
approved by a majority of the qualified voters voting at an election caed
the purpose of authorizing the issuance of such bonds.
❑ For
❑ Against
38. Am~end Section 639 "Issuance of bonds," to delete outdated language inregard 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 supon
hall
approval by the qualified voters of this city at an election. Such bo ds and be
specify. the purpose for which they are issued and shall d~aw intere
issued under such terms as are in the best interests of the y
❑ For ❑ Against
39. Amend Section 64, "Advertising and sale of bonds," to delete outdated nodee
be
requirements for the sale of city bonds and to specify that such b0nd Stent hall with
advertised and sold in the manner most advantageous to the city an comodern standards, so that the section shall read:
All bonds of the city, after having been authonzed and issued in accordance
be
with the provisions of this Charter and the laws of the state, sh d
advertised and sold in the manner most advantageous to the city an h other
consistent with standard practices for municipal bonds, ~d p uc
law and of
terms and conditions not inconsistent with express provisloS of
this Charter. The city council shall have the right to reject any or all bids or
other offers.
10
❑ For ❑ Against
. Amend Section 65, "Creation of sinking fund and investments," to replace outdaae d
40
language regarding the manner that bond funds may be invested with langu g
consistent with current law and practices, so that the section shall r.ead.
The ordinance authorizing any bonds to be issued shall provide for rihe
creation of a sinking fund sufficient to pay the bonds or warrants at matu y,
and make provision for the payment of the interest thereon as it matures, a
eneral fund may be mvested in
any surplus in any sinking fund or any g
accordance with the city's investment policy and the Public Funds Ine
or
Act. Such surplus funds may also be used for the purchase °e er that bonds the
warrants of the City of Paris that are not yet due; providedmh~ket value at the
price paid for said bonds or securities shall not excee atfor in said bonds or
time of purchase and the accrued mterest provonds or securities shall be
securities, and provided further that no such at a date subsequent to the
purchased which, according to thelr tea s,mao Which such sinking fund was
time or matunty of the bonds for the p yme
created. Neither interest nor sinking fund shall be devoted to any other
purpose whatsoever. ❑ For
❑ Against
41. Amend Section 70, "Transfers of appropriations," to delete the requirement t e~t the~
ci~ manager may transfer unencumbered appropriations from one eepetion shall
another during the last three months of the fiscal year only, so that th
read:
The city manager may at any time transfer any unencumbered appropriatl
balance or portion thereof between general classifications of expen e~es
within an office, department or agency. At the request of the city manag , the
council may by resolution transfer any unencumbered appropriation balance
or portion thereof from one office, department or agency to another
❑ For ❑ Against
. Amend Section 749 "Sale of city property," to provide that the real and personal
42
proAerty 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 wlll ensure open
competition. The city council may prescribe rules and regul~~ tioa s uo e s ch
that no person s ha l l have a s u p e rio r o r u n f a i r a d v a n t a g e q
property.
❑ For ❑ 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 f nance shall have authority to make expenditures without
approval of the city council for budgeted items not exceeding a max~m~e
amount established by resolution of the city council. Any expen
involving more than that maximum amount must be expressly approved in
advance by the city council.
❑ For
❑ Against
44. Amend Section 75, "Purchase procedure," to delete the current $1,000 th~ ~o the
for city contracts and purchases, above which the city must award eh tr t with a
lowest responsible bidder after public notice and competition, r plac ng
requirement that city contracts or purchases may be made only in strict compliance
with the competitive bidding and similar procedures established by state law, 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 °tion~s
thereto may be made only in strict compllance with the procedures ~
requirements established by state law. The city council shall have the right to
reject any and all bids.
❑ For ❑ Against
45. Amend Section 76, "Contracts for improvements," to delete the current $h~he
threshold for expenditures of more than $1,000 for city improvements, above whic
ci 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 b
made only in strict compliance with the competitive bidding and similar pr Wthu~he .
established by state law, so that the first and second sentences are replaced
following:
All city improvements shall be accomplished pursuant to contract awarded
strict compliance with the procedures and requirements established by state
law. The city council shall have the right to reject any and all bids.
❑ For
❑ Against
12
46. Amend Section 76, "Contracts for improvements," to replace the last sentence,
which provides that alterations to any contract may be made when authorized a~ Y nthe
ot
council upon recommendation of the city manager only when sucount of he cont~act,
increase the cost to the city more than 10 percent of the original am the
replacing it with a requirement that any alteration to a contract that is approved b~ith
council upon recommendation of the city manager be made in strict ~hmlast entence
state law requirements regarding change orders to contracts, so that
shall read:
Alterations in any contract may be made when authorized by the council u~h
the written recommendation of the city manager when and on en s ablished
alterations are accomplished in compliance wrth the requirements es
by state law for change orders to such contracts.
❑ For
❑ 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 sechon shall read.
All checks, vouchers, or warrants for the withdrawal of money from ~he city
depository shall be signed by the director of finance, or his depu y, 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.
❑ For ❑ Against
48. Amend Section 79, "Borrowing in anticipation of property taxes," and Section g
"Borrowing in anticipation of other revenues," o replace date references fo ax
With
anticipation notes and special revenue notes to 201h Century years ( year 19 shall
21St Century years ("year 20_"), so that the relevant language of the sect~ons
read:
"tax anticipation note for the year 20_"
and
"special revenue note for the year 20_"
❑ For
❑ 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 taxw he
eliminating references to a city Board of Equalization, the duties of whi~e deletedand
responsibility of the appraisal district, so that Sections 85 through 92 a , Section 84 is amended to read:
13
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 ~a e of
the maximum provided by the constitution and general laws of t h 1en and
Texas and to provi de for t he co l l e c t i o n o f d e l l n q u e n t t a x e s t h r o u g
enforcement procedures in the manner provi de d by s t a t e l a w.
❑ For
❑ Against
50. Amend Section 93, "Municipal elections," to provide that the regular mu p n
election shall be held on the uniform election date provided by state law that occur
or about May of each year, so that the first sentence reads as follows• .
The regular election for the choice of inembers of the council as provided~e
Section 16 of this Charter shall be held each year on the unlform election da
provided by state law that occurs in or about May.
❑ For
❑ Against
51. Amend Section 95, "How to get name on ballot," to make the charter consisten a~on
state law in regard to the time that a candidate for city council must make apph~
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 Texas,
by state law, a sworn application in the form provided by the State o~ate law
and shall meet all the requirements set forth by this Charter and by
as it may, from time to time, be amended.
❑ For ❑ Against
52. Amend Section 96, "Council ballots," to make it consistent with state la n ha1
regard to how names of candidates are printed on the ballot, so that the secho
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 Texas
the official ballots without party designations, in accordance with th 0 h ve
Election Code. If two or more can di d a t e s h a v e t h e s a m e s u rn a m e s,
names so simi l a r t h a t i t i s l i k e l y t o c a u s e c o n f u s i on each of those candidates
ot to
may have printed on the ballot a brief distinguishing descnption or title, ~ title
exceed four words, following the candidate's name. The descrip~i on former
may only refer to the candidate's place of residence or presen
profession, occupation, or position. However, the description or title m f the
refer to a public office. The order of the names on the ballot, t o s ohed in
ballot, and t he dea d line for havi n g t h e b a l l o t s p n n t e d s h a l l b e a ccomp
compliance with state law .
14
❑ For ❑ 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 Wi ll be a
the candidate receiving the most votes, and that in the event of a he there sha
runoff election, so that the section reads as follows:
At the regular municipal election or any special election held to fililman shall
on the city council, the winning candidate for the offic~e o cast for the office.
be the one who receives more than 50 percent of the vo
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.
❑ For
❑ Against
54. Amend Section 99, "Canvassing elections," to provide that the canvassinh~e
elections, including runoff elections, shall be conducted in the manner and
required by state law, so that the section reads as follows:
Returns of elections, general, runoff, and special, shall be made by the
d
election officers to the city council, and shall be canvassed by the counci f he
the result of the e lection dec lare d, a t a r e g u l a r o r s p e c i a l m e e t i n g o
counci l occurring a ft e r t h e d a t e o f t h e e l e c t i o n, i n t h e m anner and durin g the
time required by state law for the canvassing of elections.
❑ For
❑ Against
55. Amend Section 100, "Power of initiative," to clarify that the number ofis signatures
based on
required on a petition to initiate an ordinance under the power each that the
the total votes in all seven districts in the last contested elechon in , so
section shall read:
ep
Qualified voters of the city shall have power to propose any ordinance exc~ o
an ordinance appropnating money or authonzmg the levy ° the n~itiative.
adopt or reject the same at the polls, such power being known a
Any initiative ordinance may be submitted to the council by a petition sig ~he
by qualified voters of the city equal in number to at least 25 percent~sted
number of votes cast in the cumulative seven distncts in the last con
general election for each district.
❑ For ❑ Against
56. Amend Secdon 101, "Power of referendum," to clarify that the numberU~f
siQnatures required on a petition to repeal an ordinance under the power of referend
b
15
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 tea
subject to a referendum, a petition signed by qualified voters ofes the castyinqual
the
in number to at least 25 percent of the total number 1 election for each
cumulative seven districts in the last contested
such ordinance be
dis t r ic t may b e fi l e d w i t h t h e c i t y c l e r k r e q u e s ting tt anY
either repealed or submitted to a vote of the voters.
❑ For
❑ Against
57. Amend Section 1079 "Submission to electors," to establish that the next av ~ u h
uniform election date shall be the time w hen any o r d m a n c e p r o p o s e d b y v o t e r 1 shall be
the initiative or referendum process that the city council fails to pass or repea
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~o~r
if the council fails to repeal a referred teas at he thnexroava osed ilable or refeuniform
ordinance shall be submitted to the vo
election date from the date the council takes its final vote thereon.
❑ For ❑ Against
" to provide that
58. Amend Section 110, "Repealing ordinances; publication,
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 th
sentence shall read:
However, no ordinance adopted by the council or approved by the votec 1
response to an initiative petition shall be amended or repealed bhe council unor
within two years of the adoption, and no ordmance repealedb 1 be re-enacted
rejected by the voters in response to a referendum petition sh
by the council within two years of the repeal.
❑ For
❑ Against
59. Amend Section 112, "Recall procedure," to require that any voter wh htfiles a
etition for recall must live in the district of the councilman whose recall is soug
P
❑ For
❑ Against
60. Amend Section 1125 "Recall procedure," to provide that a voter who fmore
petition seeking the recall of a council member shall file a statement of not
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
16
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 anid
file with the city clerk an affidavit containing the name of the council member o Il
that district whose removal is sought, which affidavit shall contain a stat , ll
exceed 200 words, of the grounds for removala Promptly after receipof a reca
etition, the city clerk shall serve, personally or by certified mail, a copy of th f
P
affidavit on the council member sought to be recalled. Withm 10 days o nt W th the
the affidavit, the council member sought to be recalled may file a stateme the
citY clerk, not to exceed 200 words, in response. Recall petitions shall contannd t e
name and title of the council member, the statement of grounds for the re lstate.
response of the official, if any. If no response was filed, the petition shall s
❑ For ❑ Against
61. Amend Section 113, "Recall petitions," to specify that the minimum numb
signatures required on a recall petition shall be equal to at least 51 percent c lt votes
member
cast in the last contested election in the district represented bY ther than 51 percent
whose removal is sought, or 200 signatures, whichever is most (ra
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 t 1121of
clerk within 30 days after the filing of the affidavit required in Section
the Charter and must be signed by qualified voters of the district of th eT of
l
represented by the council member whose recall is sought. The numb to at
signatures on the petition blanks shall be in an amount equal m number
d
least 51 percent of the total number of votes cast at the last onteste
c
municipal election at which a council member was elected from that dist T is
or the signatures of at least 200 qualified voters of that dlstnct, whlch Tv
greater, and shall conform to the provisions of Section 102 of the Cha~
❑ For
❑ Against
62. Amend Section 1149 "Recall election," to provide that a recall election for rem~ on
of a council member shall be held in the district represented by the council mhon shall
the next available uniform election date, as required by law, so that the se
read:
After the recall petition is filed with the city clerk, he shall at once examine e
and, if he finds it sufficient and in compliance with the provisions of th
Charter, he shall within five days submit it to the city council wrt s
h
certificate to that effect and notify the officer sought to be recalled of suc
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
17
holding a recall election in the district on the next available uniform election
date.
❑ For
❑ Against
d Section 1319 "Publicity of records," to provide that city records shn and
63. Amen
ublic and available to the public in accordance with state law, so that the sec io
P
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.
❑ For
❑ Against
ction 132 "Personal interest," to make the prohibitions against counco
64. Amend Se ~ ro er
mem il
bers, officers and employees having any financial interest in city Aallp ead:
contracts the same as those imposed by state law, so that the first sentence s
No member of the council or any officer or employee of the city shalkeor
financial interest, direct or indlrect, or by reason of ownershi~ th e cit stoc , or
interest in any corporation or other entity, or in any conale cof an city land,
be financially interested directly or mdirectly ln of the the cit as an officer or
materials, supplies, or services, except on behalWith or in conflict with the
employee, in any manner that is mconsistent
requirements of state law, including the applicable provislons of tho~Te~~s
Local Government Code, the rules of the Texas Ethics Commiss ,
rulings of the Texas Attorney General.
❑ For ❑ Against
or employed," to
65. Amend Section 134, "Relatives of officers shall no~b ~ wl h ointed state law, so that the
make the city's prohibitions against nepotism consis
section and its title shall read;
Section 134. Relatives of officers shall not be employed.
erson related within the second degree of affinity, or within the third
No p
degee of consanguinity, to members of the city council or city manage~h ch
be appointed to any office, position or service ln fcers t or mployees
compensation is paid, but this provision shall not affe ods established by state
who are already employed by the clty f withne he named degree takes
law when any officer who may be related
office.
❑ For
❑ Against
18
66. Delete Section 135, "Persons indebted to the city shall not hold i taxes or
employment," which prohibits any person w ho is m a r r e a r s i n payniet
fo rservice to the
other liabilities due the city from ho l din g o f f i c e o r b e i n g c o m p e n s ate~ bfederal courts.
city, due to the fact that such a prohibition has been held to be invaUy
❑ For ❑ Against
67. Amend Section 149, "Amending the Charter," to clarify that there ar f~ ch
methods bY which the Charter may be amended, as provided by state law,tat the first
require approval of the voters at an election on a uniform election date, so
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 provlded by law for
framing and submitting a new charter, or may be proposed by a maj arit e 1on
of the full membership of the city council, or may be proposed a fied voters
signed by not fewer t han five pe r c e n t (5%) o f t h e n u m b e r o f q
in conformity with the provisions hereof.
❑ For
❑ Against
68. Amend Section 1499 "Amending the Charter," by deleting the fourth sentence
a1lowingfor a sPecial election and replacing it with a provision that the election S on
held on the next available uniform election date, as required by the Texas E ech~
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.
❑ For ❑ Against
. Amend Section 149, "Amending the Charter," to replace the requirement thaW h
69
proAosed amendments to the Charter be mailed to all qualified voters, rep~lvided to the
a requirement that the amendments and informahon about the ab~hp third sentence
voters in manners, times, and places directed by the council, so th
from the end shall read: Not less than 30 days prior to such election, the city clerk shall provide to tc 1
qualified voters of the city, in such manners, times, and places as the a°ffect
shall direct, information t ha t s ha l l in f o r m t h e v o t e r s o f t h e p u r p o s e ~
of the proposed amendment, including its exact language.
❑ For
❑ Against
mend Section 149, "Amending the Charter," to clarify that if an amendment to ~he
70. A
Charter is aPproved by the voters it shall become a part of the Charter without
shall
need to fix a time for it becoming a part, so that the second sentence from th
read:
19
If a proposed amendment be approved by a majority of the qualified voters
voting thereon, it shall then become a part of the Charter.
❑ For
❑ Against
71. Amend Section 149, "Amending the Charter," to require the ci aments manager
recommend to the city council at least once every five years any amen
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 clty.
❑ For
❑ 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 ri t
thereafter, as well as the election of the first set of city officers in 1948, due to its b g
obsolete.
❑ For
❑ Against
20