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03DRAFT F:ATTORNEY\RESOWRK\CURRENT - 2007 March 6, 2007 RESOLUTION N0. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ACCEPTING AND APPROVING THE REVISED BALLOT FOR THE PROPOSED CHARTER AMENDMENTS ATTACHED HERETO AS EXHIBIT "A"; MAHING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, on February 21, 2007, the City Council for the City of Paris adopted Resolution No. 2007-015 calling a special election for the City of Paris on May 12, 2007, to consider seventy- two (72) propositions to amend the City Charter; and WHEREAS, in preparing the sample ballot for the Special Election, certain corrections and consolidations were made to clarify and simplify the ballot; and, WHEREAS, the revised ballot now contains seventy (70) propositions to amend the City Charter and is attached hereto and incorporated herein as Exhibit "A"; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS: Section 1. That the findings set out in the preamble of this resolution are hereby in all things approved. Section 2. That the revised ballot attached hereto as Exhibit "A" shall replace the ballot attached to Resolution No. 2007-015 and the revised ballot is hereby in all things approved. Section 3. That the City Clerk is hereby directed to give notice and publication of the revised ballot as required by law. Section 4. That this resolution shall be effective from and after the date of passage. PASSED AND APPROVED this 6th day of March, 2007. Richard Manning, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar, City Attorney EXHIBIT "A" PROPOSED CHARTER AMENDMENTS Proposition 1: Replace all references to "electors" in the Charter with references to "qualified voters" or "voters" as appropriate. ❑ For ❑ Against Proposition 2: Add a new section to Article XII, "General Provisions," numbered appropriately, "Non-gender specific," which shall read: It is understood, wherever in this Charter an individual is referred to in the male gender, it shall be recognized as referring to either male or female. ❑ For ❑ Against Proposition 3: Amend the Charter to correct a typographical error in Section 33, "Procedure for passage of ordinances," to replace an erroneous reference to Article X with a correct reference to Article XI. ❑ For ❑ Against Proposition 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 Proposition 5: Amend Section 6, "Extension of city limits upon petition," to require that the procedures estab'shed by state law shall apply to city annexation of territory that is requested by petition of landowners or qualified voters in the territory, so that the following language: thereupon the city council at regular session held not sooner than twenty days after presentation of said petition shall be replaced with: the city council, after following the procedures established by state law ❑ For ❑ Against Proposition 6: Amend Section 7, "Extension of city limits by the city council," to require that the procedures established by state law shall apply to city annexation of territory that is initiated by the city council, so that the following language: Upon the introduction of such ordinance in the city council, it shall be published in the official newspaper of the City of Paris one time, and shall not thereafter be finally acted upon until at least thirty days have elapsed after the first publication thereof. shall be replaced with: The city council shall follow all provisions of state law regarding notice, public hearings, and other procedures required for annexation of territory by a home rule city. ❑ For ❑ Against Proposition 7: Amend Section 9, "Eminent Domain," to clarify the meaning by deleting antiquated or unnecessary language, particularly regarding procedures applicable to railroad corporations, so that the entirety of the section following the first sentence shall read: In all cases where the city seeks to exercise the power of eminent domain, it may be controlled by the laws authorized or permitted by the constitutionabd laws of this state, or in any manner and form that may be provided y ordinance of the governing body of the city. The power of eminent domain hereby conferred shall include the right of the city to take the fee in the lands so condemned and such power and authority shall include the right to condemn public property. The city shall have and possess this power of condemnation of property within or without the corporate limits for any municipal or public purpose, even though not specifically enumerated herein or in this Charter. ❑ For ❑ Against Proposition 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 Proposition 9: Amend Section 10, "Establishment and control of streets," to delete antiquated language and to clarify the city's authority to remove obstructions from public property, so that the section shall read: The City of Paris shall have the power to lay out, establish, open, alter, widen, lower, extend, grade, abandon, discontinue, abolish, close, care for, pave, supervise, maintain and improve streets, alleys, sidewalks, parks, squares, 2 public places and bridges; and regulate the use thereof and require the remov from streets, sidewalks, alleys and other public property or places of a11 obstructions, private property, and encroachments of every nature or character. ❑ For ❑ Against Proposition 10: Amend Section 11, "Street improvements," to strengthen and clarify the city's authority over streets and public property so that the section and its title shall read: Section 11. Street and public property improvements. The City of Paris shall have exclusive dominion, control, and jurisdiction in, upon, and over and under the public streets, avenues, alleys, highways, and other public property of the city, and may provide for the improvement thereof by paving, repaving, raising, draining, constructing public improvements, or otherwise. The city's authority over such public property shall include all authority granted by the Legislature and Constitution of the state and all control not expressly prohibited by the Legislature or the Constitution. Such exclusive dominion, control and jurisdiction in, upon, over and under the public streets, avenues, alleys, highways, and other public property of the city shall also include, but not be limited to, the right to regulate, locate, relocate, remove, require the removal or relocation at the sole cost of the owner, or prohibit the location of all utility pipes, lines, wires, poles, conduits, appurtenances, supporting facilities, or other property. ❑ For ❑ Against Proposition 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: Section 12. Solid waste disposal. The city council shall have the right by ordinance to adopt and prescribe rules and regulations for the handling, collection, transportation, and disposition of all municipal, hazardous, and industrial solid waste, or other garbage, trash, and rubbish within the City of Paris over which a city may exercise jurisdiction under state law, and shall further have the right to fix charges and compensation to be charged by or in the city for the removal of such waste, garbage, trash and rubbish, providing rules and regulations for the collection thereof. ❑ For ❑ Against Proposition 12: Delete Section 14, "Hospital: Operation," and Section 15, "Hospital: Finances," because they are no longer relevant. 3 ❑ For ❑ Against Proposition 13: Amend Section 16, "Number, selection, term," to provide that city elections shall be held on the state's uniform election date in or about May of each year, so that the second sentence shall read: Regular municipal elections in and for the City of Paris shall be held on the uniform election date established by state law in or about May of each year. ❑ For ❑ Against Proposition 14: Amend Section 16, "Number, selection, term," to clarify that the time for the city council to select a new mayor and mayor pro tem shall not occur until after any runoff election has been held and canvassed, so that the third paragraph shall read: At the first regular meeting of the council, or special meeting if the same is necessary, after which votes are canvassed for each annual election held in or about May, including any runoff election that is necessary, the newly comprised city council shall elect from among its members a mayor and mayor pro tem, each of whom shall serve at the pleasure of the council. The mayor pro tem shall act as mayor during the absence or disability of the mayor. In the absence or disability of both, the council shall designate a member as temporary presiding officer. ❑ For ❑ Against Proposition 15: Amend Section 16, "Number, selection, term," to clarify that term limits for council members who are appointed to fill an unexpired term before being elected do not include the unexpired term, so that the fourth paragraph shall read: The members of the city council shall serve not more than two consecutive two=year terms, after which two years must pass before they are again eligible to serve on the council. Any unexpired term to which a member is appointed shall not be counted toward such consecutive terms. Members shall serve until their successors have been elected and qualified. ❑ For ❑ Against Proposition 16: Amend Section 17, "Qualifications," to make the qualifications for holding city office consistent with less-restrictive state law by lowering the minimum age from 21 to 18, so that the first part of the first sentence shall read as follows: Each of the seven councilmen shall be at least eighteen (18) years of age or older... ❑ For ❑ Against 4 Proposition 17: Amend Section 17, "Qualifications," to delete the requirement that a candidate for city council may not be in arrears in the payment of any taxes or other liabilities due to the city, such prohibition having been held to be invalid by federal courts, so that the second part of the first sentence shall read as follows: ...and shall not have been convicted of a felony, been adjudged to be mentally incompetent by a court, or be disqualified by reason of any provisions of any other section of this Charter or of Chapter 141 of the Texas Election Code. ❑ For ❑ Against Proposition 18: Amend Section 17, "Qualifications," to further classify the type of felony for which a member of the city council shall forfeit his office, so that the next-to- last sentence in the section shall read: A member of the council shall immediately forfeit his office if the member ceases to possess any of the qualifications specified in this section or in any other section of the Charter or while in office is convicted of a felony, is placed on felony probation or placed on deferred adjudication for a felony, or is otherwise subject to any type of court supervision following disposition or resolution of a felony charge. ❑ For ❑ Against Proposition 19: Amend Section 22, "Appointment and removal of city manager," to change the procedure whereby the council may remove the city manager by first suspending him by resolution, then holding a hearing at which the city manager and the public may address the council, after which the council shall adopt a resolution either reinstating or removing the city manager, so that the second paragraph shall read: The salary of the city manager shall be fixed by the city council and he shall hold office at its will. The city council may suspend the city manager if the manager declines to resign at the request of the council, that request being expressed in a resolution approved by a majority vote of the total membership of the council. Such resolution shall set forth the reasons for suspension and proposed removal. A copy of such resolution shall be served immediately upon the city manager, who shall have 15 days in which to reply thereto in writing, and upon request, shall be afforded a public hearing, which shall occur not earlier than 10 days nor later than 15 days after such hearing is requested. At such public hearing, if one is requested, the city manager will be allowed up to 30 minutes to respond to his proposed termination. Members of the public will be allowed to speak in support of or in opposition to termination, and may address any aspect of the city manager's performance. After the conclusion of the public hearing, if one is requested, or after 15 days if the manager has not responded to the request to resign, and after full 5 consideration, the city council by a majonty vote of its total membership shall adopt a final resolution of removal or reinstatement. The city manager shall continue to receive full salary until the effective date of a final resolution of removal. The action of the council in suspending or removing the city manager shall be final, it being the intention of this charter to vest all authonty and fix all responsibility for such suspension or removal in the city council. During an absence or disability of the city manager, except as provided in Section 41, the council may designate a properly qualified person to perform the duties of the office. ❑ For ❑ Against Proposition 20: Amend Section 23, "Council not to interfere in appointments or removals," to provide that a council member who violates the section by interfering in appointments or removals of any employee by the city manager, or by not dealing through the city manager and giving orders to subordinates of the city manager may, after multiple, willful violations and a hearing, be removed from office, so that the section shall read: Neither the council nor any of its members shall direct the city manager or any of his subordinates in the appointment or removal of any city employee; provided, however, that the appointment of department heads shall be subject to the approval of the council. Except for the purpose of inquiry, the council and its members shall deal with city employees solely through the city manager, and neither the council nor any member thereof shall give orders to any subordinates of the city manager, either publicly or privately. It shall be grounds for removal from office if, following investigation by and a hearing before the council, a council member is found guilty of multiple, willful violations of this section. ❑ For ❑ Against Proposition 21: Amend Section 26, "City clerk," to provide that the city clerk shall keep minutes, rather than a journal, of the council's proceedings, so that the section shall read: The council shall designate an officer of the city who shall be recommended by the city manager to serve as clerk of the council. He shall give notices of its meetings, shall keep the minutes of its proceedings, shall authenticate by his signature and record in full in a book kept and indexed for the purpose of all ordinances and resolutions, and shall perform such other duties as the city manager shall assign to him, and those elsewhere provided in this Charter. ❑ For ❑ Against Proposition 22: Amend Section 27, "City judge," to provide that the city judge shall be a licensed attorney so that the first sentence shall read: 6 The city council shall appoint a duly licensed attorney to serve as the city judge, with a term of two years. ❑ For ❑ Against Proposition 23: Amend Section 27, "City judge," to provide that if the city judge is unavailable to act for any reason that rather than the mayor acting as judge, the council shall appoint a duly licensed attorney to serve as acting judge, so that the fourth and fifth sentences are replaced with the following sentence: In the event of failure of the city judge to act for any reason, the council may choose a duly licensed attorney to perform as acting city judge. ❑ For ❑ Against Proposition 24: Amend Section 27, "City judge," to comply with state law by providing that costs and fines of the municipal court shall be paid and used for the purposes required by law in addition to being used for the benefit of the city, so that the last sentence reads as follows: All costs and fines imposed by the municipal court, or by any court in cases appealed from judgments of the municipal court, shall be paid into the city treasury and used for the benefit of the city or as required by state law. ❑ For ❑ Against Proposition 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 Proposition 26: Amend Section 28, "City attorney," to provide that whereas the city attorney shall hold office at the will of the council and for the compensation fixed by the council, he need not remain in office until his successor is appointed, so that the second sentence reads as follows: He shall receive for his services such compensation as may be fixed by the council and shall hold his office at the will of the city council. ❑ For ❑ Against Proposition 27: Amend Section 28, "City attorney," deleting the first sentence of the second paragraph, which reads "The city attorney shall represent the city in all litigation," and adding the following sentence to the end of the second paragraph: 7 The City may retain legal counsel other than the city attorney for special cases. ❑ For ❑ Against Proposition 28: Amend Section 28, "City attorney," to clarify that the City Attorney may appoint an assistant city attorney subject to approval by the City Council, and to specify that should the city attorney position be vacant, any assistant city attorneys shall serve at the will of the city council, so that the last paragraph shall read: The city attorney shall have power to appoint an assistant city attorney, if deemed necessary by him, subject to the approval of the city council, at such compensation as may be fixed by the council; and more than one assistant city attorney if deemed necessary by the council, such assistant or assistants to hold office at the will of the city attorney, so long as he remains such, or in the absence of the city attorney, at the will of the city council. ❑ For ❑ Against Proposition 29: Amend Section 29, "Induction into office; meetings," to delete the requirement for a specific day that the elected members of council shall take office and to replace it with the date required by state law, so that the first sentence shall read: Newly elected members of the council will be sworn in and assume their duties following a meeting scheduled in accordance with the Texas Election Code to canvass and certify municipal election returns. ❑ For ❑ Against Proposition 30: Amend Section 29, "Induction into office; meetings," to allow the city council to convene in executive session for personnel matters and other reasons specifically authorized under the Texas Open Meetings Act, so that the final sentence shall read: The council and such boards and commissions as are required by law shall comply with the Texas Open Meetings Act and may convene in executive session only as expressly provided therein, such as consideration of specific personnel matters, certain consultations with an attorney, discussions about the value or transfer of real property, and discussion of certain economic development matters. Otherwise, all meetings of the council and of its boards and commissions shall be open to the public and in full compliance with the Texas Open Meetings Act; special meetings shall be called by the city clerk upon request of the mayor, city manager, or a majority of the members of the council. ❑ For ❑ Against Proposition 31: Amend Section 31, "Rules of procedure; journal," and its title to specify that the council shall keep minutes and certified agendas of its proceedings, rather than 8 a journal, in the manner required by state law, so that the section and its title shall read: Section 31. Rules of procedure; minutes. The council shall determine its own rules and order of business. It shall keep minutes and certified agendas of its proceedings as required by state law. ❑ For ❑ Against Proposition 32: Amend Section 34, "Investigation by council," to increase the penalty from $100 to $500 for failure to obey a council subpoena, with each day of failure constituting a separate offense, so that the section shall read: The council shall have power to inquire into the conduct of any office, department, agency, or officer of the city and to make investigations as to municipal affairs, and for that purpose may subpoena witnesses, administer oaths, and compel the production of books, papers and other evidence. Failure to obey such subpoena or to produce books, papers or other evidence as ordered under the provision of this section shall constitute a misdemeanor and shall be punishable by fine not to exceed $500. Each day of failure to obey such subpoena shall be considered a separate offense. ❑ For ❑ Against Proposition 33: Amend Section 58, "Contingent appropriations," to provide that the contingent appropriation that is maintained in the city budget may be spent for purposes other than an emergency after approval by the city manager and city council, so that the section shall read: Provision shall be made in the annual budget and in the appropriation ordinance for a contingent appropriation in an amount not more than three (3) percent of the total general fund expenditure, to be used in case of unforeseen items of expenditures. Such contingent appropriation shall be under the control of the city manager and distributed by him, after approval by the city council. A detailed account of such expenditures shall be recorded and reported to the city council. The proceeds of the contingent appropriation shall be disbursed only by transfer to other departmental appropriation, the spending of which shall be charged to the departments or activities for which the appropriations are made. ❑ For ❑ Against Proposition 34: Amend Section 60, "Emergency appropriations," to delete the requirement that the city budget may only be amended in cases of grave public necessity and when that fact is certified in writing by no less than 100 resident qualified voters who own real property in the city that has been rendered for taxes; and to 9 provide that the City budget may be amended and appropriations altered only in the manner provided by state law, so that the section shall read: The city budget may be amended and appropriations altered in accordance therewith only in a manner provided by state law. ❑ For ❑ Against Proposition 35: Amend Section 62, "Bond ordinance and election," to delete the requirement that only voters who own property may vote to approve or disapprove a bond issue, so that the first sentence shall read: The city shall authorize the issuance of bonds by a bond ordinance passed by an affirmative vote of a majority of all members of the city council, and approved by a majority of the qualified voters voting at an election called for the purpose of authorizing the issuance of such bonds. ❑ For ❑ Against Proposition 36: Amend Section 63, "Issuance of bonds," to delete outdated language in regard to the city's authority to issue bonds so that the section shall be amended to read: The city shall have the power to issue bonds for permanent improvements and all other lawful purposes as provided by statutes of this state and upon approval by the qualified voters of this city at an election. Such bonds shall specify the purpose for which they are issued and shall draw interest and be issued under such terms as are in the best interests of the city. ❑ For ❑ Against Proposition 37: Amend Section 64, "Advertising and sale of bonds," to delete outdated notice requirements for the sale of city bonds and to specify that such bonds shall be advertised and sold in the manner most advantageous to the city and consistent with modern standards, so that the section shall read: All bonds of the city, after having been authorized and issued in accordance with the provisions of this Charter and the laws of the state, shall be advertised and sold in the manner most advantageous to the city and consistent with standard practices for municipal bonds, and upon such other terms and conditions not inconsistent with express provisions of law and of this Charter. The city council shall have the right to reject any or all bids or other offers. ❑ For ❑ Against 10 Proposition 38: Amend Section 65, "Creation of sinking fund and investments," to replace outdated language regarding the manner that bond funds may be invested with language consistent with current law and practices, so that the section shall read: The ordinance authorizing any bonds to be issued shall provide for the creation of a sinking fund sufficient to pay the bonds or warrants at maturity, and make provision for the payment of the interest thereon as it matures, and any surplus in any sinking fund or any general fund may be invested in accordance with the city's investment policy and the Public Funds Investment Act. Such surplus funds may also be used for the purchase of bonds or warrants of the City of Paris that are not yet due; provided, however that the price paid for said bonds or securities shall not exceed the market value at the time of purchase and the accrued interest provided for in said bonds or securities, and provided further that no such bonds or securities shall be purchased which, according to their terms, mature at a date subsequent to the time or matunty of the bonds for the payment of which such sinking fund was created. Neither interest nor sinking fund shall be devoted to any other purpose whatsoever. ❑ For ❑ Against Proposition 39: Amend Section 70, "Transfers of appropriations," to delete the requirement that the city manager may transfer unencumbered appropriations from one department to another during the last three months of the fiscal year only, so that the section shall read: The city manager may at any time transfer any unencumbered appropriation balance or portion thereof between general classifications of expenditures within an office, department or agency. At the request of the city manager, the council may by resolution transfer any unencumbered appropriation balance or portion thereof from one office, department or agency to another ❑ For ❑ Against Proposition 40: Amend Section 74, "Sale of city property," to provide that the real and personal property of the city may be sold only in a manner authorized by state law that ensures open competition so that the section shall read: The city may sell or contract for the sale of real or personal property only in a manner authorized by state law and under terms that will ensure open competition. The city council may prescribe rules and regulations to ensure that no person shall have a superior or unfair advantage to acquire such property. ❑ For ❑ Against Proposition 41: 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 Proposition 42: Amend Section 75, "Purchase procedure," to delete the current $1,000 threshold for city contracts and purchases, above which the city must award the contract to the lowest responsible bidder after public notice and competition, replacing it with a requirement that city contracts or purchases may be made only in strict compliance with the competitive bidding and similar procedures established by state law, so that the entirety of the remainder of the section following the end of the second sentence shall read: All contracts and purchases by the city and any amendments or alterations thereto may be made only in strict compliance with the procedures and requirements established by state law. The city council shall have the right to reject any and all bids. ❑ For ❑ Against Proposition 43: Amend Section 76, "Contracts for improvements," to delete the current $1,000 threshold for expenditures of more than $1,000 for city improvements, above which the city must award the contract to the lowest responsible bidder after public notice and competition, replacing it with a requirement that city contracts or purchases may be made only in strict compliance with the competitive bidding and similar procedures established by state law, so that the first and second sentences are replaced with the following: All city improvements shall be accomplished pursuant to contract awarded in strict compliance with the procedures and requirements established by state law. The city council shall have the right to reject any and all bids. ❑ For ❑ Against Proposition 44: Amend Section 76, "Contracts for improvements," to replace the last sentence, which provides that alterations to any contract may be made when authorized 12 by the council upon recommendation of the city manager only when such alterations do not increase the cost to the city more than 10 percent of the original amount of the contract, replacing it with a requirement that any alteration to a contract that is approved by the council upon recommendation of the city manager be made in strict compliance with state law requirements regarding change orders to contracts, so that the last sentence shall read: Alterations in any contract may be made when authorized by the council upon the written recommendation of the city manager when and only when such alterations are accomplished in compliance with the requirements established by state law for change orders to such contracts. ❑ For ❑ Against Proposition 45: Amend Section 77, "Disbursement of funds," to authorize the city council to appoint alternate city officers who shall be allowed to sign or countersign city checks, vouchers or warrants, and to delete outdated language, so that the section shall read: All checks, vouchers, or warrants for the withdrawal of money from the city depository shall be signed by the director of finance, or his deputy, and countersigned by the city manager. The city council may appoint one or more city officers who shall be authorized to sign or countersign in addition to or in the absence of the director of finance, his deputy, or the city manager. ❑ For ❑ Against Proposition 46: Amend Section 79, "Borrowing in anticipation of property taxes," and Section 80, "Borrowing in anticipation of other revenues," to replace date references for tax anticipation notes and special revenue notes from the 20th Century years ("year 19_") to the 21St Century years ("year 20_"), so that the relevant language of the sections shall read: "tax anticipation note for the year 20_" and "special revenue note for the year 20_" ❑ For ❑ Against Proposition 47: Amend Sections 84 through 92 in "Article VIIL TAX ADMINISTRATION," to make the charter consistent with state law in regard to the administration of taxes by eliminating references to a city Board of Equalization, the duties of which are now the responsibility of the appraisal district, so that Sections 85 through 92 are deleted, and Section 84 is amended to read: The city council shall have the power under the provisions of state law to levy, assess, and collect an annual tax upon taxable property within the city to 13 the maximum provided by the constitution and general laws of the State of Texas and to provide for the collection of delinquent taxes through lien and enforcement procedures in the manner provided by state law. El For ❑ Against Proposition 48: 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 inembers 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 Proposition 49: 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 Proposition 50: Amend Section 96, "Council ballots," to make it consistent with state law with regard to how names of candidates are printed on the ballot, so that the section shall read: The names of all candidates for the council as hereinbefore provided, except such as may have withdrawn, died or become ineligible, shall be printed on the official ballots without party designations, in accordance with the Texas Election Code. If two or more candidates have the same surnames, or have names so similar that it is likely to cause confusion each of those candidates may have printed on the ballot a brief distinguishing description or title, not to exceed four words, following the candidate's name. The description or title may only refer to the candidate's place of residence or present or former profession, occupation, or position. However, the description or title may not refer to a public office. The order of the names on the ballot, the form of the ballot, and the deadline for having the ballots printed shall be accomplished in compliance with state law. ❑ For ❑ Against 14 Proposition 51: Amend Section 97, "Election of councilmen by majority," to provide that candidates for city council shall be elected by majority vote, requiring that the winner receive more than 50 percent of the votes cast, rather than by plurality vote, in which the winner is the candidate receiving the most votes, and that in the event of a tie there shall be a runoff election, so that the section reads as follows: At the regular municipal election or any special election held to fill vacancies on the city council, the winning candidate for the office of councilman shall be the one who receives more than 50 percent of the votes cast for the office. If no candidate receives more than 50 percent, a runoff election shall be held in accordance with the Texas Election Code between the two candidates who received the most votes. ❑ For ❑ Against Proposition 52: Amend Section 99, "Canvassing elections," to provide that the canvassing of elections, including runoff elections, shall be conducted in the manner and time required by state law, so that the section reads as follows: Returns of elections, general, runoff, and special, shall be made by the election officers to the city council, and shall be canvassed by the council and the result of the election declared, at a regular or special meeting of the council occurring after the date of the election, in the manner and during the time required by state law for the canvassing of elections. ❑ For ❑ Against Proposition 53: Amend Section 100, "Power of initiative," to clarify that the number of signatures required on a petition to initiate an ordinance under the power of initiative is based on the total votes in all seven districts in the last contested election in each, so that the section shall read: Qualified voters of the city shall have power to propose any ordinance except an ordinance appropriating money or authorizing the levy of taxes, and to adopt or reject the same at the polls, such power being known as the init'iative. Any initiative ordinance may be submitted to the council by a petition signed by qualified voters of the city equal in number to at least 25 percent of the number of votes cast in the cumulative seven districts in the last contested general election for each district. ❑ For ❑ Against Proposition 54: Amend Section 101, "Power of referendum," to clarify that the number of signatures required on a petition to repeal an ordinance under the power of referendum is based on the total votes in all seven districts in the last contested election in each, so that the third sentence shall read: 15 Within 20 days after the enactment by the council of any ordinance that is subject to a referendum, a petition signed by qualified voters of the city equal in number to at least 25 percent of the total number of votes cast in the cumulative seven districts in the last contested general election for each district may be filed with the city clerk requesting that any such ordinance be either repealed or submitted to a vote of the voters. ❑ For ❑ Against Proposition 55: Amend Section 107, "Submission to electors," to establish that the next available uniform election date shall be the time when any ordinance proposed by voters through the initiative or referendum process that the city council fails to pass or repeal shall be on the ballot, so that the section shall read: If the council shall fail to pass an ordinance proposed by the initiative process, or shall pass it in a form different from that set forth in the petition thereof, or if the council fails to repeal a referred ordinance, the proposed or referred ordinance shall be submitted to the voters at the next available uniform election date from the date the council takes its final vote thereon. ❑ For ❑ Against Proposition 56: Amend Section 110, "Repealing ordinances; publication," to provide that ordinances adopted by initiative may not be repealed for two years and ordinances repealed by referendum may not be re-adopted for two years, so that the second sentence shall read: However, no ordinance adopted by the council or approved by the voters in response to an initiative petition shall be amended or repealed by the council within two years of the adoption, and no ordinance repealed by the council or rejected by the voters in response to a referendum petition shall be re-enacted by the council within two years of the repeal. ❑ For ❑ Against Proposition 57: Amend Section 112, "Recall procedure," to require that any voter who files a petition for recall must live in the district of the councilman whose recall is sought, so that the initial phrase of the first sentence of the section shall read as follows: Any qualified voter living within a council district of the City of Paris may make and file with the city clerk an affidavit containing the name of the council member from that district whose removal is sought. ❑ For ❑ Against Proposition 58: Amend Section 112, "Recall procedure," to provide that a voter who files a petition seeking the recall of a council member shall file a statement of not more than 200 words stating the grounds for removal, and that the council 16 member may also submit a response of not more than 200 words, both of which shall be made a part of the recall petition, so that the conclusion of the first sentence shall be amended to read, and two new sentences shall be added, so that the section, prior to the words "The clerk shall thereupon deliver..." will read as follows: is sought, which affidavit shall contain a statement, not to exceed 200 words, of the grounds for removal. Promptly after receipt of a recall petition, the city clerk shall serve, personally or by certified mail, a copy of the affidavit on the council member sought to be recalled. Within 10 days of service of the affidavit, the council member sought to be recalled may file a statement with the city clerk, not to exceed 200 words, in response. Recall petitions shall contain the name and title of the council member, the statement of grounds for the recall, and the response of the official, if any. If no response was filed, the petition shall so state. ❑ For ❑ Against Proposition 59: Amend Section 113, "Recall petitions," to specify that the minimum number of signatures required on a recall petition shall be equal to at least 51 percent of the votes cast in the last contested election in the district represented by the council member whose removal is sought, or 200 signatures, whichever is most (rather than 51 percent of all votes cast citywide, or 700 signatures, whichever is most), so that the first two sentences shall read: The recall petition, to be effective, must be returned and filed with the city clerk within 30 days after the filing of the affidavit required in Section 112 of the Charter and must be signed by qualified voters of the district of the city represented by the council member whose recall is sought. The number of signatures on the petition blanks shall be in an amount equal in number to at least 51 percent of the total number of votes cast at the last contested municipal election at which a council member was elected from that district, or the signatures of at least 200 qualified voters of that district, whichever is greater, and shall conform to the provisions of Section 102 of the Charter. ❑ For ❑ Against Proposition 60: Amend Section 114, "Recall election," to provide that a recall election for removal of a council member shall be held in the district represented by the council member on the next available uniform election date, as required by law, so that the section shall read: After the recall petition is filed with the city clerk, he shall at once examine it and, if he finds it sufficient and in compliance with the provisions of the Charter, he shall within five days submit it to the city council with his certificate to that effect and notify the officer sought to be recalled of such action. If the officer whose removal is sought does not resign within five days 17 after such notice the city council shall thereupon order and fix a date for holding a recall election in the district on the next available uniform election date. ❑ For ❑ Against Proposition 61: Amend Section 131, "Publicity of records," to provide that city records shall be public and available to the public in accordance with state law, so that the section and its title shall read: Section 131. Public Records. All records and accounts of every office, department or agency of the city shall be available to the public in accordance with state law. ❑ For ❑ Against Proposition 62: Amend Section 132, "Personal interest," to make the prohibitions against council members, officers and employees having any financial interest in city property or contracts the same as those imposed by state law, so that the first sentence shall read: No member of the council or any officer or employee of the city shall have a financial interest, direct or indirect, or by reason of ownership of stock or interest in any corporation or other entity, or in any contract with the city, or be financially interested directly or indirectly in the sale of any city land, materials, supplies, or services, except on behalf of the city as an officer or employee, in any manner that is inconsistent with or in conflict with the requirements of state law, including the applicable provisions of the Texas Local Government Code, the rules of the Texas Ethics Commission, and rulings of the Texas Attorney General. ❑ For ❑ Against Proposition 63: Amend Section 134, "Relatives of officers shall not be appointed or employed," to make the city's prohibitions against nepotism consistent with state law, so that the section and its title shall read: Section 134. Relatives of officers shall not be employed. No person related within the second degree of affinity, or within the third degree of consanguinity, to members of the city council or city manager shall be appointed to any office, position or service in the city for which compensation is paid, but this provision shall not affect officers or employees who are already employed by the city for the time periods established by state law when any officer who may be related within the named degree takes office. 18 ❑ For ❑ Against Proposition 64: Delete Section 135, "Persons indebted to the city shall not hold office or employment," which prohibits any person who is in arrears in payment of taxes or other liabilities due the city from holding office or being compensated for service to the city, due to the fact that such a prohibition has been held to be invalid by federal courts. ❑ For ❑ Against Proposition 65: Amend Section 149, "Amending the Charter," to clarify that there are three methods by which the Charter may be amended, as provided by state law, all of which require approval of the voters at an election on a uniform election date, so that the first two sentences shall read: Amendments to this Charter may be framed and submitted to the qualified voters of the city by a charter commission in the manner provided by law for framing and submitting a new charter, or may be proposed by a majority vote of the full membership of the city council, or may be proposed by a petition signed by not fewer than five percent (5%) of the number of qualified voters in conformity with the provisions hereof. ❑ For ❑ Against Proposition 66: Amend Section 149, "Amending the Charter," by deleting the fourth sentence allowing for a special election and replacing it with a provision that the election shall be held on the next available uniform election date, as required by the Texas Election Code, so that the fourth sentence shall read: Any ordinance for submitting a charter amendment to the voters shall provide that the election shall occur on the next available uniform election date. ❑ For ❑ Against Proposition 67: Amend Section 149, "Amending the Charter," to replace the requirement that all proposed amendments to the Charter be mailed to all qualified voters, replacing it with a requirement that the amendments and information about them be provided to the voters in manners, times, and places directed by the council, so that the third sentence from the end shall read: Not less than 30 days prior to such election, the city clerk shall provide to the qualified voters of the city, in such manners, times, and places as the council shall direct, information that shall inform the voters of the purpose and effect of the proposed amendment, including its exact language. ❑ For ❑ Against Proposition 68: Amend Section 149, "Amending the Charter," to clarify that if an amendment to the Charter is approved by the voters it shall become a part of the 19 Charter without the need to fix a time for it becoming a part, so that the second sentence from the end shall read: 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 Proposition 69: Amend Section 149, "Amending the Charter," to require the city manager to recommend to the city council at least once every five years any amendments to the charter that he considers to be appropriate and in the best interest of the city, so that a sentence shall be added to the end that shall read: Not less than once every five years, the city manager shall make recommendations to the city council regarding any proposal to amend the Charter that he considers to be appropriate and in the best interest of the city. ❑ For ❑ Against Proposition 70: Delete Section 150, "Submission of the Charter to electors," which specified the time and manner for submitting the original Charter to the voters in 1948 and filing it thereafter, as well as the election of the first set of city officers in 1948, due to its being obsolete. ❑ For ❑ Against 20