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2007-015-RES-Ordering A Special City-Wid Election, held on the 2nd Sat. in MayRESOLUTION N0. 2007-015 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 12TH DAY OF MAY 2007, BETWEEN THE HOURS OF 7:00 O'CLOCK A.M. AND 7:00 O'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 30TH DAY OF APRIL 2007, THROUGH THE 8TH DAY OF MAY 2007, MONDAY THROUGH FRIDAY, BETWEEN THE OURS OF 8:00 O'CLOCK A.M. AND 5:00 O'CLOCK P.M., WITH ADDITIONAL HOURS OF 8:00 O'CLOCK A.M. UNTIL 8:00 O'CLOCK P.M. ON THE 30TH DAY OF APRIL, 2007 AND THE 1ST 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 1. 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 12`" 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 incompliance 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 available 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: Officials: Red River Valley Fair Grounds, West Side Building 570 E. Center Street Thelma Dangerfield ,Presiding Judge Linda Williams, Alternate Presiding Judge District Two (2): Polling Place: Justiss Elementary School 401 N.W. 18`" Street Officials: Shelia Cla, on ,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: Be 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 Shannon Burk, Alternate Presiding Judge District Seven (7): Polling Place: Ramseur Baptist Church 3400 Lamar Avenue Jessie Bolton, Presiding Judge Paula McLerran, Alternate Presiding Judge Section 6. 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 7. 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 30th day of April 2007, through the 8th day of May 2007, Monday through Friday, 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. until 8:00 o'clock p.m. on the 30t" day of April and the 1St day of May, 2007. Section 8. 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 1501st Street S.E. EARLY BALLOT BOARD: Officials: Lei h I o, Presiding Judge Josette Penrose, Alternate Presiding Judge Section 9. 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 10. 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 11. 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 12. 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 13. 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 21st day of February, 2007. Richard Manning, Mayo ATTEST: ice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar~C-i~Attorney -4- EXHIBIT "A" PROPOSITIONS FOR CHARTER AMENDMENTS 1, 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 refemng 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 5. Amend Section 6, "Extension of city limits upon petition," to require that the rocedures established by state law shall apply to city annexation of territory tha~~e p requested by petition of landowners or qualified voters in the territory, sot a 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 rocedures established by state law shall apply to city annexation of territory that is p initiated by the city council, so that the following language: Upon the introduction of such ordinance in the city council, it shall not published in the official newspaper of the City of Pans one time, and after the thereafter be finally acted upon until at least thirty days have elaps first publication thereof. shall be replaced with: The city council shall follow all provisions of state law regarding notice, public hearings, and other procedures required for annexation of territory by a home rule city. ^ For ^ Against 7. Amend Section 9, "Eminent Domain," to clarify the meaning by deleting anhailroad or unnecessary language, particularly regarding procedures applicable to r cor orations, so that the entirety of the section following the first sentence shall read: p In all cases where the city seeks to exercise the power of eminent dom nnana maybe controlled by the laws authorized or permitted by the bensrovided b laws of this state, or in any manner and form that m of eminent domain ordinance of the governing body of the city. The o°~~e the fee in the lands hereby conferred shall include the nght ofthorit yshall include the right to so condemned and such power and hall have and possess this power of condemn public property. The city condemnation of property within or without the corporate limits f herein 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 Amend Section 10, "Establishment and control of streets," to delete antiq ublic 9. lan wage and to clarify the city's authority to remove obstructions from p g property, so that the section shall read: The City of Paris shall have the power to lay out, establish, open, alter, wi aver lower, extend, grade, abandon, discontinue, abolish, close, care fos, uares' supervise, maintain and improve streets, alleys, sidewalks, pre the removal public places and bridges; and regulate the use thereof and requi from streets, sidewalks, alleys and other public property or places of ao1T obstructions, private property, and encroachments of every nature character. ^ For ^ Against Amend Section 11, "Street improvements," to strengthen and clarify the city's 10. authori over streets and public property so that the section and its title shall rea . ty Section 11. Street and public property improvements. The City of Paris shall have exclusive dominion, control, and jurisWiation~n~ upon, and over and under the public streets, avenues, alleys, h i~ rovement other public property of the city, and may provide for the p draining, constructing public thereof by paving, repaving, raising, improvements, or otherwise. The city's authority over such public nr op the shall include all authority granted by the Legislature and Constrtutlo state and all control not expressly prohibited by the Legislature °TOVer Constitution. Such exclusive dominion, control and juna s tia d othe~ public and under the public streets, avenues, alleys, highw y , the right to property of the city shall also include, but not be limielocation at the sole regulate, locate, relocate, remove, require the removal or r 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 nleo f and regulations for the handling, collection, transportation, and dispositio all municipal, hazardous, and industrial solid waste, or other garbage, trash, and rubbish within the City of Paris over which a city may exerand jurisdiction under state law, and shall further have the right to fi f su h waste compensation to be charged by or in the city for the removal o 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 electionosthha the held on the state's uniform electton date in or about May of each year, s 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 cou not members who are appointed to fill an unexpired term before being elected do 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 eligibede to serve on the council. Any unexpired term to which a member is appom 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 runoff council to select a new mayor and mayor pro tem shall not occur unall read;any election has been held and canvassed, so that the third paragraph sh At the first regular meeting of the council, or special meeting if the same iT necessary, after which votes are canvassed for each annual election held e 1 about May, including any runoff election that is necessary, then y comprised city council shall elect from among its members a mayor and mayor pro tem, each of whom shall serve at the pleasure of the council. Th 4 mayor pro tem shall act as mayor during the absence or disability °a e a mayor. In the absence or disability of both, the council shall design member as temporary presiding officer. ^ For ^ Against 16. Amend Section 17, "Qualifications," to make the qualifications for holdoiln Ali o office consistent with less-restrictive state law by lowering the minimum age fr 18. ^ For ^ Against 17. Amend Section 17, "Qualifications," to delete the requirement that a candidatue to city council may not be in arrears in the payment of any taxes or other habihhes d 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 whn h e member of the city council shall forfeit his office, so that the next-to last sentence ~ section shall read: . A member of the council shall immediately forfeit his office if the membaner ceases to possess any of the qualifications specified m vhcted of a felony, is other section of the Charter or while m office is con placed on felony probation or placed on deferred adjudication for a felony, or is otherwise subject to any type of court supervision following disposition or resolution of a felony charge. ^ For ^ Against 19. Amend Section 22, "Appointment and removal of city manager," to cha nge ~thn procedure whereby the council may remove the city manager by first suspe ubli g ma by resolution, then holding a hearing at which the city manager anhe hreinstatin or address the council, after which the council shall adopt a resolutread: g removing the city manager, so that the second paragraph shall The salary of the city manager shall be fixed by the city council and he she hold office at its will. The city council may suspend the city manager i ein manager declines to resign at the request of the council, that requesbershig expressed in a resolution approved by a majority vote of the total mein p of the council. Such resolution shall set forth the reasons for suspension and proposed removal. A copy of such resolution shall be served immediately upon the city manager, who shall have 15 days m which to reply thereto writing, and upon request, shall be afforded a public hearing, which shais occur not earlier than 10 days nor later than 15 days after such hearing requested. At such public hearing, if one is requested, the city manager will b f allowed up to 30 minutes to respond to his proposed termination. Members o 5 osition to the public will be allowed to speak in support of h er'soperformance. termination, and may address any aspect of the city man g p After the conclusion of the public hearing, if one is requested, or after lerdfull and aft if the manager has not responded to the request to resign, consideration, the city council by a majority vote of its total membership shall ado t a final resolution of removal or reinstatement. The city manage ion of p continue to receive full salary until the effective date of a Tina vinso the city removal. The action of the council in suspending or remo g mana er shall be final, it being the intention of this charter to vest all authori il. g and fix all responsibility for such suspension or removal e ~h s ci rovided in During an absence or disability of the city mana ualified person to perform Section 41, the council may designate a properly q p the duties of the office. ^ For ^ Against rid Section 23, "Council not to interfere in appointments or remo ntments 20. Ame rovide that a council member who violates the section by int dealing through the city p or removals of any employee by the city manager, or b mana er may, after multiple, manager and giving orders to subordinates of t off ce so thatgthe section shall read: willful violations and a hearing, be removed from Neither the council nor any of its members shall direct the city c ~ nag~enr to ee; of his subordinates in the appointment or removal of ads shall besubject provided, however, that the appointment of departm Setofein ui ,the council to the approval of the council. Except for the purpo solel through the city and its members shall deal with city emember thereof shall give orders to manager, and neither the council nor any m n subordinates of the city manager, either publicly or privately. It shall be ay ounds for removal from office if, following investigation by andle Willful ~ ilt of multlp , before the council, a council member is found gu y violations of this section. ^ Against ^ For end Section 26, "City clerk," to provide that the city clerk shall keepdminutes, 21. Am rather than a 'ournal, of the council's proceedings, so that the sectton shall rea J The council shall designate an officer of the city who shall be recommendeod by the city manager to serve as clerk of the council. He shall authenticate by its meetings, shall keep the minutes of its proceedings, shallr the u ose of his signature and record in full in a book kept and indexed fo uties ash e city all ordinances and resolutions, and shall perform such other d ,Charter. manager shall assign to him, and those elsewhere provided in this ^ For ^ Against 6 to rovide that the city judge shall be a licensed 22. Amend Section 27, "City judge," p attorney so that the first sentence shall read: The cit council shall appoint a duly licensed attorney to serve as the city Y judge, with a term of two years. ^ For ^ Against ' 'ud a is unavailable to 23. Amend Section 27, "City judge," to provide that if the city Je council shall appoint act for any reason that rather than the mayor acting as ~udgefourth and fifth sentences a duly licensed attorney to serve as acting judge, so that th 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. ^ Against ^ For ud a to comply with state law by providing that 24. Amend Section 27, "City j g ," costs and fines of the municipal court shall be paid and used f ci thsp that the required by law in addition to being used for the benefit of the ty, last sentence reads as follows: court in cases All costs and fines imposed by the municipal court, or by any the cit a Baled from judgments of the municipal court, shall be pale 1 w. y pp treasury and used for the benefit of the city or as required by sta ^ For ^ Against Amend Section 28, "City attorney," to delete the requirement that the city attorney 25. be a lawyer practicing in Paris, so that the first sentence reads as follows: 'l shall a oint a duly licensed attorney who shall be its city The city counci pp attorney. ^ For ^ Against 'on 28 "Ci attorney," to provide that whereas the city attorney shhe 26. Amend Secti , tY t the will of the council and for the compensation fixed by the counntence hold office a need not remain in office until his successor is appointed, so that the secon se reads as follows: be fixed b the He shall receive for his services such compensation as mal Y council and shall hold his office at the will of the city counc ^ For ^ Against d Section 28, "City attorney," deleting the first sentence of the seconll 27. Amen ara raph, which reads "The city attorney shall represent the city m a p g 7 liti ation " to clarify that the council may hire other attorneys for certain g lawsuits. ^ For ^ Against attorne " to clarify that the city attorney may appoint an 28. Amend Section 28, "City Y~ istant ci attorney, if he deems necessary, subject to the approval of the city council. ass ty ^ For ^ Against Amend Section 28, "City attorney," to specify that should the city attorhat the 29. absent, any assistant city attorneys shall serve at the will of the city council, so t last paragraph shall read: The cit attorney shall have power to appoint an assistant city attorney1 h y deemed necessary by him, subject to the approval of the city councilstaantt c t compensation as may be fixed by the council, and more than ~ or assistants t attorney if deemed necessary by the council, sues he remains such, or in the hold office at the will of the city attorney, s elc tg council. absence of the city attorney, at the will of th y ^ For ^ Against mend Section 29, "Induction into office; meetings," to delete the requiremen t fW th 30. A s ecific day that the elected members of council shall take office and to replace i p the date required by state law, so that the first sentence shall read. Newl elected members of the council will be sworn in and assume tt on Y duties following a meeting scheduled m accordance with the Texas E ec Code to canvass and certify municipal election returns. ^ Against ^ For. " to allow the city council to 31. Amend Section 29, "Induction into office; meetings, e in executive session for personnel matters and other reasons specifidcally conven authorized under the Texas Open Meetings Act, so that the final sentence she rea council and such boards and commissions as are required by law shall compas The with the Texas Open Meetings Act and may convene in executiversonnel matt rs, expressly provided therein, such as consideration of spe valu eor transfer of real certain consultations with an attorney, discussions about the ert and discussion of certain economic development matters. Otherwise lic prop y, meetin s of the council and of its boards and commissions shall be open to thshall be g and in full compliance with the Texas Open Meetings Act; special a ma'orit of the called by the city clerk upon request of the mayor, city manager, or ~ y members of the council. ^ For ^ Against 8 32. Amend Section 31, "Rules of procedure; journal," and its title to specify thhanha council shall keep minutes and certified agendas of its proceedings, ra shall read: 'ournal, in the manner required by state law, so that the section and its title J Section 31. Rules of procedure; minutes. The council shall determine its own rules and order of business. It shavll keep minutes and certified agendas of its proceedings as required by state la ^ For ^ Against . Amend Section 34, "Investigation by council," to increase the penalty from $~n0 to 33 $500 for failure to obey a council subpoena, with each day of failure constitu g 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 apd to make investigations as to munici al affairs, and for that purpose may subpoena witnesses, administre p a ers and other evidence. Failu oaths, and compel the production of bCekbs00p p a ers or other evidence as to obey such subpoena or to Pi°dection shall onstitute a misdemeanor and ordered under the provision of th 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 4. Amend Section 58, "Contingent appropriations," to provide that the coes other 3 appropriation that is maintained in the city budget may be spentcf unciirpo 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 appropri eti ordinance for a contingent appropriation m an amount not more than thre een percent of the total general fund expenditure, to be used m case of unders the items of expenditures. Such contingent appropriation shal oval b the city control of the city manager and distributed by him, afthalp be reco ded and council. A detailed account of such expenditures re orted to the city council. The proceeds of the contingent appropriation shahle P be disbursed only by transfer to other departmental cpPv ties for which spending of which shall be charged to the departments or a the appropriations are made. ^ For ^ Against . Amend Section 60, "Emergency appropriations," to provide that the citylbeadet 35 ma be amended only in a manner provided by state law, so that the section sha Y 9 The city budget maybe amended and appropriations altered in accordance therewith only in a manner provided by state law. ^ For ^ Against 36. Amend Section 60, "Emergency appropriations," to delete the requirement that before the ci budget is amended in the case of a grave public necessity that theesident ty fact of that necessity must be certified to in writing by no less tha xes 00 r qualified voters who own real city property that has been rendered for to ^ For ^ Against 37. Amend Section 62, "Bond ordinance and election," to delete the requiremento that only voters who own property may vote to approve or disapprove a bond issue, the first sentence shall read: The city shall authorize the issuance of bonds by a bond ordinance pasll eland an affirmative vote of a majority of all members of the city counc , a roved by a majority of the qualified voters voting at an election called for pp the purpose of authorizing the issuance of such bonds. ^ For ^ Against 38. Amend Section 63, "Issuance of bonds," to delete outdated language in regard to the ci 's authority to issue bonds so that the section shall be amended to read: The cit shall have the power to issue bonds for permanent improvements on Y all other lawful purposes as provided by statutes of this state rids shall approval by the qualified voters of this city at an election. Such bo ,s eci the purpose for which they are issued and shall draw interest and be p fY issued under such terms as are in the best interests of the city. ^ For ^ Against " to delete outdated notice 39. Amend Section 64, "Advertising and sale of bonds, uch bonds shall be requirements for the sale of city bonds and to specifythe ci s and consistent with advertised and sold in the manner most advantageous to ~' modern standards, so that the section shall read: All bonds of the city, after having been authorized and issued in accordl be with the provisions of this Charter and the laws of the state, shal and advertised and sold in the manner most advantageous to thesuch other consistent with standard practices for municipal bonds, and upon terms and conditions not inconsistent with express provisions of law and of this Charter. The city council shall have the right to reject any or all bids or other offers. 10 ^ For ^ Against " to replace outdated 40. Amend Section 65, "Creation of sinking fund and roves be vested with language language regarding the manner that bond at the section shall read: consistent with current law and practices, so th The ordinance authorizing any bonds to be issued shall provide forrihe creation of a sinking fund sufficient to pay the bonds or warra ~ matures and and make provision for the payment of the interest thereon as i > eneral fund may be invested in any surplus in any sinking fund or any g accordance with the city's investment policy and the Public Funds ~vondseor Act. Such surplus funds may also be used for the purchase o Veb that the warrants of the City of Paris that are not yet due; providedmarket value at the price paid for said bonds or securities shall not exceedtfor in said bonds or time of purchase and the accrued interest provonds or securities shall, be securities, and provided further that no such b urchased which, according to their terms, mature at a date subsequent towas P time or maturity of the bonds for the payment of which such sinkin gfun other created. Neither interest nor sinking fund shall be devoted to y purpose whatsoever. ^ For ^ Against mend Section 70, "Transfers of appropriations," to delete the requirement thant tho 41. A ro riahons from. one departure city manager may transfer unencumberehd f pal p ear only, so that the section shall another during the last three months oft Y read: The city manager may at any time transfer any unencumbered appropriation balance or ortion thereof between general classifications of expenditures P within an office, department or agency. At the request of the city manabalance council may by resolution transfer any unencumbered aopanothero or portion thereof from one office, department or agency t ^ For ^ Against mend Section 74, "Sale of city property," to provide that the real and personal 42. A ro er of the city may be sold only in a manner authorized by state law that ensures p p tY open competition so that the section shall read: The cit may sell or contract for the sale of real or personal property only en Y a manner authorized by state law and under terms that will ensure op competition. The city council may prescribe rules and regulation s uo e Such that no person shall have a superior or unfair advantage to 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 finance shall have authority to make expenditures without approval of the city council for budgeted items not exceeding a maximum amount established by resolution of the city council. Any expenditure involving more than that maximum amount must be expressly approved in advance by the city council. ^ For ^ Against 44. Amend Section 75, "Purchase procedure," to delete the current $1,000 threshold for city contracts and purchases, above which the city must award the contract to the lowest responsible bidder after public notice and competition, replacing it with a requirement that city contracts or purchases may be made only in strict compliance with the competitive bidding and similar procedures established by state law, so that the entirety of the remainder of the section following the end of the second sentence shall read: All contracts and purchases by the city and any amendments or alterations thereto may be made only in strict compliance with the procedures Kano requirements established by state law. The city council shall have the ng reject any and all bids. ^ For ^ Against 45. Amend Section 76, "Contracts for improvements," to delete the current $1,Oh0 threshold for expenditures of more than $1,000 for city improvements, above which city must award the contract to the lowest responsible bidder after public notima abe competition, replacing it with a requirement that city contracts or purchases y made only in strict compliance with the competitive bidding and similar procedures established by state law, so that the first and second sentences are replaced with the . following: All city improvements shall be accomplished pursuant to contract awarded in strict compliance with the procedures and requirements established by state law. The city council shall have the right to reject any and all bids. ^ For ^ Against 12 46. Amend Section 76, "Contracts for improvements," to replace thehorized be the which provides that alterations to any contract may be made wuch alterations do not council upon recommendation of the city manager o elyorwhn 1 amount of the contract, increase the cost to the city more than 10 percent of th g replacing it with a requirement that any alteration to a contract that is approved b with council upon recommendation of the city manager be made m strict hmlast sentence state law requirements regarding change orders to contracts, so that t shall read: Alterations in any contract may be made when authorized by the coup en spoh the written recommendation of the city manager when and only established alterations are accomplished in compliance with the requirements by state law for change orders to such contracts. ^ For ^ Against 47. Amend Section 77, "Disbursement of funds," to authorize the city council to ap hers alternate city officers who shall be allowed to sign or countersign city checks, you or warrants, and to delete outdated language, so that the section shall read: All checks, vouchers, or warrants for the withdrawal of money from the and depository shall be signed by the director of finance, or his deputy, 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 m 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 Sax "Borrowing in anticipation of other revenues," ho replace date references fo with anticipation notes and special revenue notes to 20 Century years (year ctions shall 21St Century years ("year 20_"), so that the relevant language of the se 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 ADMINISTRATIOxes bo make the charter consistent with state law in regard to the administration of to y eliminating references to a city Board of Equalization, the duties of which are now the responsibility of the appraisal district, so that Sections 85 through 92 are deleted, and Section 84 is amended to read: 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 thState of the maximum provided by the constitution and general laws of the Texas and to provide for the collection of delinquent taxes through lien and enforcement procedures in the manner provided by state law. ^ For ^ Against 50. Amend Section 93, "Municipal elections," to provide that the regular municipal election shall be held on the uniform election date provided by state law that occurs in or about May of each year, so that the first sentence reads as follows: The regular election for the choice of members of the council as provided in Section 16 of this Charter shall be held each year on the uniform election date provided by state law that occurs in or about May. ^ For ^ Against 51. Amend Section 95, "How to get name on ballot," to make the charter consistent with state law in regard to the time that a candidate for city council must make application to be on the ballot so that the section shall read: , Any qualified person may have his name placed on the official ballot as a candidate for council member at any election held for the purpose of electing council members by filing with the city clerk, no later than the time provided by state law, a sworn application in the form provided by the State of Texas, and shall meet all the requirements set forth by this Charter and by state law as it may, from time to time, be amended. ^ For ^ Against 52. Amend Section 96, "Council ballots," to make it consistent with state la n sha 1 regard to how names of candidates are printed on the ballot, so that the sectlo read: The names of all candidates for the council as hereinbefore provided, except such as may have withdrawn, died or become ineligible, shall be printed on the official ballots without party designations, in accordance with the Texas Election Code. If two or more candidates have the same surname, or have names so similar that it is likely to cause confusion each of those candidates may have printed on the ballot a brief distinguishing description or title, not to exceed four words, following the candidate's name. The description or title may only refer to the candidate's place of residence or present or fa not profession, occupation, or position. However, the description or title m y refer to a public office. The order of the names on the ballot, the form of the ballot, and the deadline for having the ballots printed shall be accomplished in compliance with state law . 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 all be a the candidate receiving the most votes, and that in the event of a tie there sh runoff election, so that the section reads as follows: At the regular municipal election or any special election held to fill vacancies on the city council, the winning candidate for the office of councilman ficel be the one who receives more than 50 percent of the votes cast for the of 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 canvassinhnoe 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 atnhde election officers to the city council, and shall be canvassed by the coup of the the result of the election declared, at a regular or special meeting council occurring after the date of the election, in the manner and during 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 of islbased on required on a petition to initiate an ordinance under the power of mihahv the total votes in all seven districts in the last contested election in each, so that the section shall read: Qualified voters of the city shall have power to propose any ordinance except an ordinance appropriating money or authorizing the levy of taxes, iatve. adopt or reject the same at the polls, such power being known as e tlo 1 si ned Any initiative ordinance maybe submitted to the counleas 25 p ercent of the by qualified voters of the city equal m number to at p number of votes cast in the cumulative seven districts in the last contested general election for each district. ^ For ^ Against 56. Amend Section 101, "Power of referendum," to clarify that the number onf signatures required on a petition to repeal an ordinance under the power of referendu 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 thaual subject to a referendum, a petition signed by qualified voters °tes castyin the in number to at least 25 percent of the total numbeeral election for each cumulative seven districts in the last Conte tin hat an such ordinance be district maybe filed with the city clerk reques g y either repealed or submitted to a vote of the voters. ^ For ^ Against nd Section 107, "Submission to electors," to establish that the next avail ublhe 57. Ame uniform election date shall be the time when any ordinance proposed by ret eal shall be the initiative or referendum process that the city council fails to pass or p 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 they ferred the proposed or if the council fails to repeal a referred tedsnan the next available uniform ordinance shall be submitted to the vo election date from the date the council takes its final vote thereon. ^ For ^ Against rovide that 58. Amend Section 110, "Repealing ordinances; publicationearsoand ordinances ordinances adopted by initiative may not be repealed.-two ears, so that the second repealed by referendum may not be re-adopted for y sentence shall read: However, no ordinance adopted by the council or approved by th he ° ounc 1 response to an initiative petition shall be amended or repealed bhe council or within two years of the adoption, and no ordinance repealed by re'ected b the voters in response to a referendum petition shall be re-enacted J y . by the council within two years of the repeal. ^ For ^ Against Amend Section 112, "Recall procedure," to require that any voter wh ht iles a 59. petition for recall must live in the district of the councilman whose recall is soug ^ For ^ Against 60. Amend Section 112, "Recall procedure," to provide that a voter who ~meore etition seeking the recall of a council member shall file a statement oil member P than 200 words stating the grounds for removal, and that theof whi h shall be may also submit a response of not more than 200 words, bo 16 made a part of the recall petition, so that the first portion of the section will read: An ualified voter living within a council district of the City of Paris may make and Yq file with the city clerk an affidavit containing the name of the council memn~ not to that district whose removal is sought, which affidavit shall contain a stateme , exceed 200 words, of the grounds for removalo Promptly after receipt of a re the etition, the city .clerk shall serve, personally or by certified mail, a copy °ce of P affidavit on the council member sought to be recalled. Within 10 dad ment with the the affidavit, the council member sought to be recalled maye peons shall contain the city clerk, not to exceed 200 words, m response. R f alounds for the recall, and the name and title of the council member, the stetWm~e~l d ~ e petition shall so state. response of the official, if any. If no respons ^ For ^ Against 61. Amend Section 113, "Recall petitions," to specify that the minimum numbeotes si natures required on a recall petition shall be equal to at least 51 percent cil tmember g cast in the last contested election in the district represented b~ her than 51 percent whose removal is sought, or 200 signatures, whichever is, inmost so that the first two of all votes cast citywide, or 700 signatures, whichever i ), sentences shall read: The recall petition, to be effective, must be returned and filed with th 121of clerk within 30 days after the filing of the affidavit required m Section 1 the Charter and must be signed by qualified voters of the district of the cio f represented by the council member whose recall is sought. The nu eb to at signatures on the petition blanks shall be in an amount equal m num ontested least 51 percent of the total number of votes cast at theomasthat district, municipal election at which a council member was elected trfiict whichever is or the signatures of at least 200 qualified voters of that ~ of the Charter. greater, and shall conform to the provisions of Section 10 ^ For ^ Against 62. Amend Section 114, "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 mtion shall the next available uniform election date, as required by law, so that the sec read: After the recall petition is filed with the city clerk, he shall at once examine e and, if he finds it sufficient and m compliance with the provisions of th Charter, he shall within five days submit it to the city council with h h certificate to that effect and notify the officer sought to be recalled ve da s action. If the officer whose removal is sought does not resign within fi y after such notice the city council shall thereupon order and fix a date for 17 holdin a recall election in the district on the next available uniform election g date. ^ For ^ Against d Section 131, "Publicity of records " to provide that city records shall be 63. Amen nd available to the public in accordance with state law, so that the section and pubhc a 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 Section 132, "Personal interest," to make the prohibitions against councoil~ 64. Amend ro er embers officers and employees having any financial interest m city halls ead: m , contracts the same as those imposed by state law, so that the first sen ence s No member of the council or any officer or employee of the city shalstockeor financial interest, direct or indirect, or by reason of ownership the cit or interest in any corporation or other entity, or in any contract wa cit land, be financially interested directly or indirectly in the sale o as an officer or materials, supplies, or services, except on behalf thtor n conflict .with the employee, in any manner that is inconsistent wi re uirements of state law, including the applicable provisions of thon eand q Local Government Code, the rules of the Texas Ethics Commis . , rulings of the Texas Attorney General. ^ For ^ Against ointed or employed," to 65. Amend Section 134, "Relatives of officers shall not nt w th state law, so that the make the city's prohibitions against nepottsm consist section and its title shall read: Section 134. Relatives of officers shall not be employed. o erson related within the second degree of affinity, or within the third N p de ee of consanguinity, to members of the city council or city manager hich ~' be appointed to any office, position or service in fficerstor employees compensation is paid, but this provision shall not aferiods established by state who are already employed by the city for the time p law when an officer who may be related within the named degree takes Y office. ^ For ^ Against 18 66. Delete Section 135, "Persons indebted to, the city shall not hold f taxes or em loyment," which prohibits any person who is m arrears m payment o p other liabilities due the city from holding office or being compensated for se ral courts. ci ,due to the fact that such a prohibition has been held to be invalid by fede ^ For ^ Against • " to clarify that there are three 67. Amend Section 149, "Amending theended tas~ rovided by state law, all of which methods by which the Charter may be am , P uire a royal of the voters at an election on a uniform election date, so that the first req pp two sentences shall read: Amendments to this Charter may be framed and submitted to the qualifieod voters of the city by a charter commission m the manner provided by law ote framing and submitting a new charter, or may be proposed by a baJ a~ et tion of the full membership of the city council, or may be proposed al f ed voters signed by not fewer than five percent (5%) of the number of q in conformity with the provisions hereof. ^ For ^ Against 68. Amend Section 149, "Amending the Charter," by deleting the fount on shall be allowing for a special election and replacing rt with a provision that th eeTexas Election held on the next available uniform election date, as required by th Code, so that the fourth sentence shall read: An ordinance for submitting a charter amendment to the voters shall provide Y that the election shall occur on the next available uniform election date. ^ For ^ Against nd Section 149, "Amending the Charter," to replace the requirement that ah 69. Ame ro osed amendments to the Charter be mailed to all qualified voters, repla ded t the P p a requirement that the amendments and information about them a prove voters in manners, times, and places directed by the council, so that the third sentence from the end shall read: Not less than 30 days prior to such election, the city clerk shall provide to tC 1 qualified voters of the city, in such manners, times, and places aseh~e a effect shall direct, information that shall inform the voters of the purpos of the proposed amendment, including its exact language. ^ For ^ Against nd Section 149, "Amending the Charter," to clarify that if an amendment t~ the 70. Ame barter is a roved by the voters it shall become a part of the Charter wlend shall C pP need to fix a time for it becoming a part, so that the second sentence from the 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 1. Amend Section 149, "Amending the Charter," to require the city mans go the 7 recommend to the city council at least once every five years any ame edmenso that a charter that he considers to be appropriate and in the best mterest of th ty, sentence shall be added to the end that shall read: the city manager shall make Not less than once every five years, ro osal to amend the recommendations to the city council regarding any p p Charter that he considers to be approp~ate and in the best interest of the city. ^ For ^ Against elete Section 150, "Submission of the Charter to electors," which specified the tim ~ 72. D and manner for submitting the original Charter to the voters m 1948 a to its bein thereafter, as well as the election of the first set of city officers m 1948, du g obsolete. ^ For ^ Against 20