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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 - Uf1'7~ 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 . ~ RONIVIE TURPIN 961 West Sherman, Paris, Texas 75460 BERT MOSELEY 3915 Shannon Driv aris, Texas 7542 ~ L E DARNELL, SR. 961 West Sherman, Paris, Texas 75460 'waNDA coMPTOrr 3360 E. Houston, ' Texas 75462 ~""V~ ~A aNu 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 = U(f I-1 . . . . . -1M ~ 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 . U 1; l J