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2002-124-RES ORDERING CITY-WIDE SPECIAL ELECTION ON SEPTEMBER 14, 2002 RESOLUTION NO. 2002-124 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, ORDERING A CITY-WIDE SPECIAL ELECTION TO BE HELD IN THE CITY OF PARIS ON THE SECOND SATURDAY IN SEPTEMBER, 2002, THE SAME BEING THE FOURTEENTH DAY OF SEPTEMBER, 2002, BETWEEN THE HOURS OF 7:00 O'CLOCK A.M. AND 7:00 O'CLOCK P.M., ON THE QUESTION OF INCREASING PAY FOR MEMBERS OF THE FIRE DEPARTMENT OF THE CITY OF PARIS; PRESCRIBING THE FORM OF THE BALLOT; PRESCRIBING AN ALTERNATIVE FORM OF SAID BALLOT DEPENDENT UPON THE ORDERS OF A COURT OF APPROPRIATE JURISDICTION; DESIGNATING POLLING PLACES; PERMITTING ONLY RESIDENT QUALIFIED VOTERS TO VOTE; PROVIDING FOR EARLY VOTING; 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, Section 141.034 of the Texas Local Government Code authorizes qualified voters of a municipality with a population of more than 10,000 to petition the governing body of said municipality to increase the minimum salary of each member of the fire department, for each rank, pay grade, or classification; and, WHEREAS, on June 13,2002, the City Clerk ofthe City of Paris, Paris, Texas, a home rule city of a population in excess of 10,000, received a petition filed pursuant to said Section 141.034 seeking increases in the minimum salaries of stated members of the Paris Fire Department; and, WHEREAS, the City Clerk of the City of Paris, as the duly designated election official of said City, reviewed the petition to verify the required number of qualified voters, equal to at least 25 % of the voters who participated in participated in the most recent municipal election, had signed said petition; and, WHEREAS, the City Clerk, based on advice received from the Office of the Secretary of State ofthe State of Texas, Elections Division, found and determined that the most recent election for purposes of Section 141.034 of the Local Government Code to determine the sufficiency of signatures was the last city-wide election, the same having been conducted on January 20, 1996, and also found and determined that the number of qualified voters who participated in the said election was 901; and, WHEREAS, the City Clerk of the City of Paris, Paris, Texas, further determined that 25 % of said voters would be equal to 225 voters and that the petition as filed pursuant to Section 141.034 contained the signatures of 424 qualified voters; and, WHEREAS, as a result of said determination, the City Clerk of the City of Paris, Paris, Texas, has certified to the City Council of the City of Paris, Paris, Texas, that the petition referenced herein contains the number of qualified voters required by Section 141.034; and, WHEREAS, Section 141.034 of the Texas Local Government Code authorizes the governing body to 1) adopt the proposed minimum salary stated in the petition; 2) offer an alternative minimum salary proposal pursuant to the state statute; or 3) call an election on the proposed minimum salary as provided by state law; and, WHEREAS, the City Council desires to appoint a City Council subcommittee, in conjunction with City staff members, as the designated subcommittee to participate in negotiations with the committee of petitioners designated in the aforesaid petition, subject to certain parameters and limitations stated herein, with any action negotiated between the petitioners and the City Council subcommittee to be subject to final approval by of the City Council; and, WHEREAS, following the review of the petition presented by the aforesaid petitioners, and having sought the advise and direction of the Secretary of State of the State of Texas, Elections Divisions, the City Attorney has determined that pursuant to Section 141.034, as interpreted in those cases styled Arenas v Board of Commissioners of the City of McAllen, 841 SW 2d 947 (Tex. Civ. App. - Corpus Christi, 1992); In Re Bailey, 975 SW 2d 430 (Tex. Civ. App. - Waco, 1998); and In Re Link, 45 SW 3d 149 (Tex. Civ. App. - Tyler, 2000), the ballot proposition as presented in the aforesaid petition is defective in that it calls for an election on the minimum salary for classifications of certain firefighters which do not exist within the current classification system for the City of Paris; and, WHEREAS, the City of Paris is a Civil Service City pursuant to Chapter 143 of the Texas Local Government Code and as such is obligated to pay the same minimum base pay for all civil service employees in the same pay classifications; and, WHEREAS, Section 141.034 provides for an election on minimum salary for existing pay classifications, and not for the creation of new classifications; and, WHEREAS, the City Council of the City of Paris, Paris, Texas, desires to conduct a lawful election on the aforesaid minimum salary propositions, and is concerned that inclusion of classifications not existing in the current system and not authorized by Section 141.034 of the Texas Local Government Code will affect the lawfulness of the aforesaid election; and, WHEREAS, the City Council, by separate resolution, has authorized the City Attorney to retain legal counsel if necessary to seek a judicial clarification, by declaratory judgment, injunctive relief, or other necessary and appropriate means, to assure that any election held pursuant to Section 141.034 addresses only those pay classifications as otherwise authorized by State law, and not those pay classifications as are not authorized by previous act of the City of Paris; and, WHEREAS, the City Council of the City of Paris, Paris, Texas, recognizes its obligation pursuant to Section 141.034 of the Texas Local Government Code, as interpreted by the aforesaid judicial decisions, and subject to the possibility of reaching an agreement with a committee of petitioners designated in the aforesaid petition as to an alternative salary proposal, to call an election on the first authorized uniform election date under Chapter 41, Election Code that occurs after the 65th day after the date the petition was filed; and, WHEREAS, the City Council finds and determines that the aforesaid date for said election shall be and is Saturday, September 14, 2002; and, WHEREAS, the City Council of the City of Paris desires to call said election to be held consistent with State law on the aforesaid petition, to include only those pay classifications as are authorized under the City's current pay classification, conditioned, however, upon including in the aforesaid election other pay classifications not existing should the City be so ordered by a court of appropriate jurisdiction; and, WHEREAS, the City Council desires to in all things comply with the requirements of State law for said election as established by Section 141.034 of the Texas Local Government Code; 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 to the 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 Saturday, September 14, 2002, 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 increasing pay for members of the fire department of the City of Paris. Section 3. That the City 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 Section 141.034 of the Texas Local Government Code, in a form substantially as follows: "Proposition No.1 Adoption of the proposed minimum salaries of each member of the fire department for the City of Paris in the amount applicable to each classification as follows, to be effective October 1, 2002: Paris Fire Department Classification Hourly Bi- Weekly Monthlv Annually Fire Fighter (entry) 10.49 1,174.88 2,545.57 30,546.88 Fire Fighter (1 yr in class) 12.07 1,351.84 2,928.98 35,147.84 Driver (entry) 13.64 1,527.68 3,309.97 39,719.68 Engineer (entry) 14.65 1,640.80 3,555.07 42,660.80 Deputy Chief 16.46 1,843.52 3,994.29 47,931.52 Training Officer 23.04 1,843.52 3,994.29 47,931.52" Section 4. That if a court of appropriate jurisdiction shall enter an order declaring that the aforesaid classifications to be contained on the ballot as stated in Section 3 above shall be and are inconsistent with the requirements of Section 141.034 of the Local Government Code, and only upon such a judgment and finding of a court of appropriate jurisdiction, then the proposition for the aforesaid election shall be as ordered by the court or in a form substantially as follows: "Proposition No.1 Adoption of the proposed minimum salaries of each member of the fire department for the City of Paris in the amount applicable to each classification as follows, to be effective October 1, 2002: Paris Fire Department Classification Fire Fighter (entry) Fire Fighter (1 yr in class) Fire Fighter (3 yrs in class) Fire Fighter (6 yrs in class) Driver (entry) Driver (2 yrs in class) Engineer (entry) Engineer (2 yrs in class) Engineer (4 yrs in class) Deputy Chief Training Officer Hourly 10.49 12.07 12.57 13.07 13.64 14.14 14.65 15.15 15.65 16.46 23.04 Bi- Weekly 1,174.88 1,351.84 1,407.84 1,463.84 1,527.68 1,583.68 1,640.80 1,696.80 1,752.80 1,843.52 1,843.52 Monthly 2,545.57 2,928.98 3,050.32 3,171,65 3,309.97 3,431.31 3,555.07 3,676.40 3,797.73 3,994.29 3,994.29 Annuallv 30,546.88 35,147.84 36,603.84 38,059.84 39,719.68 41.175.68 42,660.80 44,116.80 45,572.80 47,931.52 47,931.52" Section 5. That the polling places and election officials of such election shall be as follows: District One (1): Polling Place: Red River Valley Fair Grounds 590 E. Center St. Officials: District Two (2): Polling Place: Officials: District Three (3): Polling Place: Officials: District Four (4): Polling Place: Officials: District Five (5): Polling Place: Officials: District Six (6): Polling Place: Officials: Edith Bills, Presiding Judge Frankie Dangerfield, Alternate Presiding Judge City of Paris Police & Courts Building 811 Bonham Street Thetis Elder, Presiding Judge Addie Bufford, Alternate Presiding Judge Travis Jr. High School 3270 Graham St. Robert White, Presiding Judge Frankie White, Alternate Presiding Judge Cecil Everett Elementary School (N. Lamar) 3201 Lewis Lane Dolores Stowe, Presiding Judge Shirley Taylor, Alternate Presiding Judge City Hall Annex 150 1st Street S.E. Anna Belle Meyer, Presiding Judge Wanda Jones, Alternate Presiding Judge Paris Junior College, Applied Technology Bldg. 2400 Clarksville Harold Campbell, Presiding Judge Bill Noel, Alternate Presiding Judge District Seven (7): Polling Place: Ramseur Baptist Church 3400 Lamar Ave. Officials: James R. Hicks, Presiding Judge Jessie Bolton, Alternate Presiding Judge Section 6. 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 7. 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 28th day of August, 2002, through the 10th day of September 2002, Monday through Friday, between the hours of 8:00 o'clock a.m. and 5:00 o'clock p.m. Section 8. 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: Anna Belle Meyer, Presiding Judge Wanda Jones, Alternate Presiding Judge Section 9. 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 5 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 10. 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 of the City of Paris, wherein said Charter and ordinances do not conflict with state law and the above-described Order. Section 11. That the City Clerk of the City 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 City Clerk's Office, on the board provided for notices at the City Hall door, 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 twenty-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 12. 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 returns of such election. Section 13. 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 8th day of July, 2002. ATTEST: ~\:'-~~ \J ~ Mattie Cunningham, City Clerk ~ APPROVED AS TO FORM: