11 Resolution calling a special election to consider adopting a new section to the existing Code of Ordinances of the City of Paris , Texas relating to establishment of a limit on taxes for qualifying individualsCITY COUNCIL AGENDA ITEM BRIEFING SHEET
Submittal Date:
Originating Department:
Presented By:
Agenda Item No.:
07/09/08
Council Date:
Legal Department
W. Kent McIlyar
11.
07/14/08
RECOMMENDED MOTION:
Deliberate on a Resolution calling a special election to consider adopting a new section to
the existing Code of Ordinances of the City of Paris, Texas relating to establishment of a
limit on taxes for qualifying individuals pursuant to Article 8, Section 1-b(h) of the Texas
Constitution and Texas Tax Code Section 11.261.
POLICY ISSUE(S):
Fiscal and election
BACKGROUND:
Effective January 1, 2004, a new amendment to Article 8, Section 1-b(h) of the Texas
Constitution authorizes the governing body of a municipality to enact an ordinance to
create a"tax limit" or "tax ceiling" on property taxes for owners of residence homesteads
who are either disabled (as defined by Sec. 11.13(c) of the Texas Tax Code) or age 65
years or older. The process for implementing this "tax ceiling" or "tax freeze" by City
ordinance is set forth in detail in Sec. 11.261 of the Texas Tax Code.
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
five percent (5%) of the registered voters of the municipality.
At the June 23, 2008 City Council meeting, Council Member Pickle asked that staff bring
back to Council a resolution calling a city wide election on this issue.
BOARD/COMMISSION RECOMMENDATION:
N/A
EXHIBITS:
Resolution
ACTION:
BUDGET INFO:
❑ Financial Report ❑ Minute Order
Expense
$
❑ Department Report ~ Resolution
Budgeted Amt.
$
❑ Presentation ❑ Ordinance
Y7'D Actual
$
❑ Public Hearing ❑ Other
Acct. Name
Acct. Number
City of Paris Revised 2/04/08
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FISCAL NOTES:
REVIEWED AND APPROVED BY:
~ Administration 0 City Clerk ❑ Community Development ❑ EMS/IT E Finance ❑ Fire
❑ Municipal Court [D Legal ❑ Library ❑ Police ❑ Eng./Public Works ❑ Uriliries
City of Paris m 000082 Revised 2/04/08
DRAFT
Attorney\reswork\current\Special Election for Tax Freeze for Elderly & Disabled Res 2008
7/8/08
RESOLUTION N0.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
ORDERING A CITY-WIDE SPECIAL ELECTION TO BE HELD IN THE CITY
OF PARIS ON THE FIRST TUESDAY IN NOVEMBER 2008, THE SAME
BEING THE 4TH DAY OF NOVEMBER 2008, BY THE QUALIFIED VOTERS
OF THE CITY OF PARIS, TEXAS WITH EARLY VOTING FOR THE SAME
BEING CONDUCTED IN THE CITY HALL ANNEX WEST, FROM THE 20TH
DAY OF OCTOBER, 2008, THROUGH THE 31ST DAY OF OCTOBER, 2008,
O1V THE QUESTION OF ESTABLISHING A LIMIT ON THE TOTAL AMOUNT
OF TAXES THAT MAY BE IMPOSED ON THE RESIDENCE HOMESTEAD OF
A DISABLED PERSON OR PERSON SIXTY-FIVE (65) YEARS OF AGE OR
OLDER PURSUANT TO ARTICLE 8, SECTION 1-b(h) OF THE TEXAS
CONSTITUTION AND TEXAS TAX CODE SECTION 11.261; PRESCRIBING
THE FORM OF THE BALLOT; PERMITTING ONLY RESIDENT QUALIFIED
VOTERS TO VOTE; PROVIDING FOR AN EARLY VOTING BALLOT BOARD;
PROVIDING FOR NOTICE OF THE ELECTION; MAKING OTHER FINDINGS
AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN
EFFECTIVE DATE.
WHEREAS, effective January 1, 2004, Texas Constitution was amended to provide a
local option for cities, counties and junior college districts establish a limit on property
taxes for homeowners who are either disabled or age 65 or older (see Texas Constitution
Article 8, Section 1-b(h)); 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 five percent (5%) of the registered voters of the municipality; and,
WHEREAS, in conformance with the Texas Election Code, said election must be
conducted at one of the uniform election dates set out in the Election Code, the next
available uniform election date being the first Tuesday in November, November 4, 2008;
and,
WHEREAS, the City Council therefore desires to order a city-wide election to be
conducted on November 4, 2008 regarding the adoption of the proposed Ordinance
establish a limit on taxes for qualifying individuals pursuant to Article 8, Section 1-b(h) of
the Texas Constitution and Texas Tax Code Section 11.261;
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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 a special election shall be and is hereby ordered to be held city-
wide in all Council Districts of the City of Paris, Paris, Texas, on Tuesday, November 4,
2008, 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 of Paris one proposition on the question of
establishing a limit on taxes for qualifying individuals pursuant to Article 8, Section 1-b(h)
of the Texas Constitution and Texas Tax Code section 11.261."
Section 3. That the Ciry Clerk of the City of Paris shall be and is hereby directed to
prepare the necessary documents and to proceed in acquiring the ballots such that the vote
shall be held upon an official ballot prepared in such a manner as will permit the voters of
the City of Paris to vote "For" or "Against" the proposition submitted, with the proposition
to be expressed on the official ballot in accordance with Article XVI, Section 66 of the Texas
Constitution, in a form substantially as follows:
"PROPOSITION N0. 1 That the total amount of ad valorem taxes imposed
by the City of Paris, Texas on the residence homestead of a person who is
disabled or is sixty-five (65) years of age or older may not be increased while
it remains the residence homestead of that person or that person's spouse
who is disabled or sixty-five (65) years of age or older, except for any
increases that may be allowed by Section 11.261 Texas Tax Code, as
amended from time to time."
Section 4. That the polling places and election officials of such election shall be as
follows:
District One (1):
Polling place: Red River Valley Fair Grounds, Building B
570 E. Center Street
Officials: Frankie Dangerfield . Presiding Judge
Linda Williams . Alternate Presiding Judge
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District Two (21-
Polling place: Oak Park United Methodist Church
2525 Bonham Street
Officials: Iessie Bolton . Presiding Judge
Paula McLerran . Alternate Presiding Judge
District Three f31:
Polling place: Travis Jr. High School
3270 Graham Street
Officials: Bob Coleman . Presiding Judge
Jovice Coleman , Alternate Presiding Judge
District Four (4):
Polling place: Ramseur Baptist Church
3400 Lamar Avenue
Officials: Betty Hanna . Presiding Judge
Carolyn Spencer . Alternate Presiding Judge
District Five M-
Polling place: Paris Junior College, Hunt Center
2400 Clarksville Street
Officials: Bob Burk , Presiding Judge
Sallx Keeling . Alternate Presiding Judge
District Six f 61:
Polling place: Paris Junior College, Hunt Center
2400 Clarksville Street
Officials: Bob Burk . Presiding Judge
Sally Kelly . Alternate Presiding Judge
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District Seven (7):
Polling place: Ramseur Baptist Church
3400 Lamar Avenue
Officials: Bet ,ty Hanna , Presiding Judge
Carol,vn S12,encer . Alternate Presiding Judge
Section 5. That the Presiding Judge of the respective voting boxes shall designate
and appoint at least two (2) and not more than four (4) competent and qualified clerks for
such respective polling places and voting boxes as may be required for the efficient conduct
of said election.
Section 6. 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 20th day of October, 2008, through the 31st day
of October, 2008, 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 first
two days of early voting.
Section 7. That the polling place and election officials for early voting of said
election shall be as follows:
EARLY VOTING:
Polling Place: City Hall Annex West
150 1st Street S.E.
EARLY BALLOT BOARD:
Officials: Leigh Igo . Presiding Judge
Barbara McGuire , Alternate Presiding Judge
Section B. That there is hereby created an early voting ballot board which shall
consist of the presiding judge and the alternate presiding judge appointed in Section 7
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 9. That such election shall be held in accordance with the laws of the State
of Texas governing general and municipal elections, insofar as the same may be applicable,
and with the provisions of the City Charter and Ordinances or the City of Paris, wherein
said Charter and ordinances do not conflict with state law and the above-described Order.
- OOU(ibb
Section 10. That the City Clerk of the Ciry of Paris is hereby directed and instructed
to cause the posting of 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 Ciry 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, not later than the twenry-first (21st) day before election
day; further, a properly executed copy of such Notice of Election shall be published at least
one time not earlier than the thirtieth (30th) day nor later than the tenth (10th) day before
election day in at least one (1) 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 11. That 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 return
of such election.
Section 12. That this resolution shall be effective from and after its date of passage.
PASSED AND APPROVED by the City Council of the City of Paris in regular meeting,
at the City Hall of said City, on this 14th day of July, 2008.
jesse James Freelen, Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, City Attorney
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