18 Petition OrdinanceCITY COUNCIL AGENDA ITEM BRIEFING SHEET
Submittal Date: Originating Department: Presented By: Agenda Item No.:
OS/07/08
Council Date: Legal Department W. Kent McIlyar 18.
OS/12/08
RECOMMENDED MOTION:
City staff is not recommending adoption of the Petition Ordinance.
POLICY ISSUE(S~:
Fiscal and election
BACKGROUND:
On April 28, 2008, City Council conducted a public hearing on an Initiative Petition
calling for a tax freeze ordinance for persons 65-years and older and disabled persons.
The City Council heard from citizens, both in support of the petition and against the
petition.
City staff did not recommend adoption of the petition ordinance because of certain flaws
and omissions in the proposed petition ordinance that would create problems for the
Lamar County Appraisal District and the City of Paris in interpreting the petition
ordinance and correctly implementing a tax freeze on city taxes for disabled persons and
persons 65 years and older in a manner that complies with State law.
City Council took no action on the petition ordinance on April 28, and requested that it be
brought back for further discussion on the May 12, 2008 Agenda.
BOARD~COMMISSION RECOMMENDATION:
EXHIBITS:
Proposed initiative petition ordinance
ACTION: BUDGET INFO:
❑ Financial Report ❑ Minute Order Expense $
❑ Department Report ❑ Resolution Budgeted Amt. $
❑ Presentation ❑ Ordinance y'I'D Actual $
❑ Public Hearing ❑ Other Acct. Name
Acct. Number
FISCAL NOTES:
REV[EWED AND APPROVED BY:
~ Administration ~ Ciry Clerk ❑ Community Development ❑ EMS/IT ❑ Finance ❑ Fire
❑ Municipal Court ~ Legal ❑ Library ❑ Police ❑ Eng./Public Works ❑ Utilities
City of Paris Revised 2/04/08
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WE, the undersigned COMMITTEE OF THE PETITIONERS, are electors and
proponents of an INITIATNE to ADOPT the ordinance hereinafter set forth to the
City of Parj5;.7 r
PETITIONERS :
ERIC S. CLIFFORD
3065 Dak Creek Drive, Paris, Texas 75462
LO[JrSE 1VIOSET,EY d"
Shannon Drive, Paris, Texas 75452
PAULA TURPIN
901 NE. 14'h Street, Paris, Texas 75460
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RONIVIE TURPIN
961 West Sherman, Paris, Texas 75460
BERT MOSELEY
3915 Shannon Driv aris, Texas 7542
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L E DARNELL, SR.
961 West Sherman, Paris, Texas 75460
'waNDA coMPTOrr
3360 E. Houston, ' Texas 75462
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CHARLES COMPVON
3360 E. Houston, Paris, Texas 7-5460
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS,
PROHIBITIlNG TI-E AUTHORIZATION OF THE POWER TO NEGOTIATE FOR THE SALE
OF RAW WATER FROM LAKE PAT MAYSE AND/OR LAKE CROOK TO BE
TRANSPORTED BEYOND THE BOUNDARIES OF LAMAR COUNTY, TEXAS; MAKING
OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING FOR
A PENALTY; PROVIDING FOR A SEVERABILITY CLAUSE; REPEALING ALL
ORDIlVANCES OR PARTS OF ORDINANCES, NIINiJTE ORDERS OR RESOLUTIONS IN
CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the welfare, health, comfort and convenience of the citizens and inhabitants
of the City of Paris, Paris, Texas are well served by the availability to the existing sources of
water in this area, including, but not limited to water provided by Lake Pat Mayse and/or Lake
Crook.
WHEREAS, the citizens of Paris filed a petition with the City Council ofthe City of Paris
opposing the authorization to negotiate for the sell of water from Lake Pat Mayse pursuant to
Memorandum of Understanding to Exclusively Negotiate and requiring a vote of the citizens of
Paris, Texas prior to any sale or transfer of raw water out of Lamar County in accordance with
the paragraphs below and other provisions as set forth herein; the petition contains the signatures
of qualified voters of the City of Paris equal in number to at least 25 percent of the number
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of votes cast in the cumulative seven districts in the last contested general election for each
district; and
WHEREAS, a number of citizens have expressed their concerns with the provisions and
the execution of the Memorandum of Understanding to Exclusively Negotiate (MOU) the sale of
raw water for transfer or use beyond the boundaries of Lamar County to the City of Irving and to
assist Irving in acquiring rights-of-way; seeking approval of required permitting for inter-basin
transfer and possibly the development of new sources; and providing for the storage and
conveyance of water from sources outside Lake Pat Mayse and/or Lake Crook; and
WHEREAS, an item was placed on the agenda far the regular meeting of the City Council
of the City of Paris, Paris, Texas on January 14, 2008, to receive attomey advice, discussion and
possible action on Memorandum of Understanding with the City of Irving, Texas to study
feasibility and exclusively negotiate a water supply agreement for raw water through and from
Lake Pat Mayse and other water rights and water allocation issues; a Motion to enter into the
MOU with the City of Irving was made and the motion carried, 4 ayes - 2 nays; and
VVI-MREAS, even though the citizens of Paris have made known their wishes vagainst the
negotiations to sell raw water from Lake Pat Mayse and/or Lake Crook without acknowledgment
by the majority of the City Council of the City of Paris, the Mayor, or the City Manager, the will
of the people must be expressed by INITIATIVE PETITION calling for the adoption of this
ordinance and in the event the council fails to pass this ordinance then it sha11 be submitted by the
City Council of the City of Paris to a vote of the citizens of Paris, Texas, being duly qualified and
registered voters at the next available uniform election date; and
NOW, THEREFORE;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PA1tIS, pARIS,
TEXAS:
Section 1. That the fmdings set out in the preamble to this ordinance are found to be true
and correct and are hereby in all things approved.
Section 2. That all future decisions for the sale or negotiations to sell raw water from
Lake Pat Mayse, Lake Crook, or any other source of water in Lamar County for the City of Paris,
sha11 be decided upon by the majority vote of the duly qualified and registered voters of the City
of Paris.
Section 3. That a 50 year water plan providing for the water needs of the City of Paris,
Texas and its treated water customers shall be completed and adopted by the duly qualified and
registered voters of the City of Paris, which plan sha11 accept as fact the estimated growth of the
City of Paris service and its treated water customers' service area and its region and shall provide
for the same as a minimum, but not be limited to said estimate prior to the sale of raw water for
use or delivery beyond the boundary of Lamar County; v►,hich plan shall be updated at 5 year
intervals or sooner if deemed necessary by change of conditions which dictate the acceleration
of water needs of the plan's area of service; such plan updates shall be undertaken upon the
authorization of the City Council.
Section 5. That the provisions of this ordinance sha11 not prohibit the City Council from
performing independent studies, feasibility tests and research to ascertain the water resources of
the City of Paris.
Section 6. That any person violating any of the provisions of this ordinance shall be
guilty of a Misdemeanor and, upon conviction, shall be fined any sum not to exceed $2,000.00,
and each and every day's continuance of any violation of the above-enumerated section(s) shall
constitute and be deemed a separate offense.
Section 7. That it is hereby declared to be the intention of the City Council of the City
of Paris that the sections, paragraphs, sentences, clauses and phrases of this ordinance are
severable and, if any phrase, clause, sentence, paragraph, or section of this ordinance shall be
declared unconstitutional by the valid judgrnent or decree of any court of competent jurisdiction,
such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences,
paragraphs, or sections ofthis ordinance, and such remaining provisions sha11 remainin fuil force
and effect.
Section 8. T'hat all ordinances or parts of ordinances in conflict herewith are hereby
expressly repealed.
Section 9. That this ordinance shall be effective from and after its date of passage or
upon the date of the election at which it is adopted whichever first occurs.
PASSED AND ADOPTED tlus day of
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
KENT MCILYAR, City Attorney
2008.
JESSE FREELEN, MAYOR
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