2008-046-RES ACKNOWLEDGING THAT THE PETITION FILED MARCH 18, 2008 PROPOSING A LIMITATION ON THE AMOUNT OF AD VALOREM TAXES THAT MAY BE IMPOSED AGAINST A RESIDENCE HOMESTEAD OF A PERSON AGE 65 YEARS OR OLDER OR A DISABLED PERSON WAS NOT SIGNED BY 5% OR MORRESOLUTION NO. 2008-046
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
ACKNOWLEDGING THAT THE PETITION FILED MARCH 18, 2008
PROPOSING A LIMITATION ON THE AMOUNT OF AD VALOREM TAXES
THAT MAY BE IMPOSED AGAINST A RESIDENCE HOMESTEAD OF A
PERSON AGE 65 YEARS OR OLDER OR A DISABLED PERSON WAS NOT
SIGNED BY FIVE PERCENT (5%) OR MORE OF THE REGISTERED VOTERS
OF THE CITY OF PARIS, TEXAS, AND, THEREFORE, DOES NOT SATISFY
THE REQUIREMENTS OF ARTICLE 8, SECTION 1-b(h) OF THE TEXAS
CONSTITUTION; MAKING OTHER FINDINGS AND PROVISIONS RELATED
TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, in November 2003, the voters of the State of Texas approved an
amendment to the Texas Constitution to provide a local option for cities, counties and
junior college districts desiring to establish a tax freeze on ad valorem taxes for owners of a
residence homestead that are either disabled or are 65 years of age or older, the
amendment being effective January 1, 2004; and
WHEREAS, the constitutional amendment, set forth in Article 8, Section 1-b(h) Texas
Constitution provides two ways in which this tax freeze legislation may be adopted by a
municipality, one is by action of the governing body of the municipality enacting a city
ordinance to adopt the tax freeze and the other is by special election requested by a
petition signed by flve percent (5%) of the registered voters of the municipality; and
WHEREAS, on March 18, 2008, a petition claiming to contain the signatures of
qualified voters of the City of Paris equal in number to at least twenty-five percent (25%) of
the number of votes cast in the cumulative seven districts in the last contested general
election for each district and proposing a limit on ad valorem taxes for disabled persons
and persons 65 years of age or older was filed with the City Clerk of the City of Paris, Texas;
and
WHEREAS, by Certificate dated March 28, 2008, the City Clerk certified that the
Petition contained a total of 655 signatures, 80 of which were disqualified, leaving a total of
575 qualified registered voters signatures supporting the Petition and that this number
represented in excess of twenty-five percent (25%) of the number of votes cast in the
cumulative seven districts in the last contested general election for each district and,
therefore, satisfied the requirements for an Initiative Petition as set out in Section 100 of
the Paris City Charter; and
WHEREAS, because the petition process for calling an election to consider a tax
limitation on ad valorem taxes on residence homesteads owned by disabled persons or
persons 65 years of age or older is established by the Texas Constitution and not by City
Charter, the sufficiency of the Tax Freeze Petition must be decided in accordance with the
requirements of Article 8, Section 1-b(h) of the Texas Constitution; and
WHEREAS, in accordance with the requirements of the Texas Constitution set out
above, the City Clerk has researched the voter registration records and determined that
there were 14,235 registered voters in the City of Paris, Texas as of March 18, 2008 the
date the Petition was filed, and five percent (5%) of this number is 712 (See, Memorandum
from City Clerk dated June 2, 2008 attached hereto and incorporated herein as Exhibit "A").
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PARIS, TEXAS:
Section 1. That the findings set out in the preamble to this resolution are hereby
in all things approved.
Section 2. That the City Council of the City of Paris hereby finds and determines
that the Tax Freeze Petition filed with the City Clerk on March 18, 2008 was not signed by
five percent (5%) of the registered voters of the City of Paris, as required by Article 8,
Section 1-b(h) of the Texas Constitution, therefore, a special election will not be called on
this Petition.
Section 3. That this resolution shall become effective immediately upon its passage.
PASSED AND ADOPTED this 9th day of June, 2008.
J se Jame reelen, Mayor
ATTEST:
/ > .
nice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlya ' Attorney
MEMO:
TO: Kent Mcllyar, City Attorney
FROM: ~Janice Ellis, City Clerk
SUBJECT: lnitiative Petition regarding establishment ofa limit for taxes
DATE: June 2, 2008
You have inquired as to the number of registered voters in the City of Paris as of March 18, 2008,
the date that the Tax Freeze Initiative Petition was filed with me. I confirmed with Russ Towers in
the Elections Department of the County Clerk's Office, that there were 14,235 registered voters as
of March 4, 2008.
You also asked me to calculate 5% of the number of registered voters, which is 712. If you need any
additional information, please advise.
/j e
EXHIBIT g