07-Election By City Council of Mayor Pro TemCITY COUNCIL AGENDA ITEM BRIEFING SHEET
Submittal Date:
OS/10/10
Council Date:
OS/18/10
Originating Department:
City Council
Presented By:
Kevin Carruth, City Manager
-
A,genda Item No.:
7.
RECOMMENDED MOTION:
POLICY ISSUE(S):
Election procedures
BACKGROUND:
Section 16 of the City Charter requires that the newly comprised city council shall elect from among its
members a mayor and mayor pro-tem.
BOARD/COMMISSION RECOMMENDATION:
EXHIBITS:
Paris City Charter Section 16
ACTION:
BUDGET INFO:
❑ Financial Report M Minute Order
Expense
$
❑ Department Report ❑ Resolution
Budgeted Amt.
$
❑ Presentation ❑ Ordinance
y'I'D Actual
$
❑ Public Hearing ❑ Other
Acct. Name
Acct. Number
FiscAL NoTES:
REVIEWED AND APPROVED BY:
Z Administration Z City Clerk ❑ Community Development ❑ EMS/IT ❑ Finance ❑ Fire
❑ Municipal Court Z Legal ❑ Library ❑ Police ❑ Eng./Public Works ❑ Utilities
City of Paris Revised 2/04/08
1"
ants
rivi-
I the
Ls of
ince
'the
into
and
her-
mes
city;
that
trict
ame
~icts
eem
tab-
aws
7)
and
do-
out
this
tate
~ to
be
i by
any
rdi-
wer
ude
'rtY
r of
the
)ur-
ited
~ets
lay
!nd,
grade, abandon, discontinue, abolish, close, care
for, pave, supervise, maintain and improve streets,
alleys, sidewalks, parks, squares, public places
and bridges; and regulate the use thereof and
require the removal from streets, sidewalks, al-
leys and other public property or places of all
obstructions, private property, and encroach-
ments of every nature or character.
(Res. of 5-21-07)
Sec. 11. Street and public property improve-
ments.
CHARTER
The City of Paris shall have exclusive domin-
ion, control and jurisdiction in, upon, and over
and under the public streets, avenues, alleys,
highways, and other public property of the city,
and may provide for the improvement thereof by
paving, repaving, raising, draining, constructing
public improvements, or otherwise. The city's
authority over such public property shall include
all authority granted by the Legislature and Con-
stitution of the state and all control not expressly
prohibited by the Legislature or the Constitution.
Such exclusive dominion, control and jurisdiction
in, upon, over and under the public streets, ave-
nues, alleys, highways, and other public property
of the city shall also include, but not be limited to,
the right to regulate, locate, relocate, remove,
require the removal or relocation at the sole cost
of the owner, or prohibit the location of all utility
pipes, lines, wires, poles, conduits, appurte-
nances, supporting facilities, or other property.
(Res. of 5-21-07)
Sec. 12. Solid waste disposal.
The city council shall have the right by ordi-
nance to adopt and prescribe rules and regula-
tions for the handling, collection, transportation,
and disposition of all municipal, hazardous, and
industrial solid waste, or other garbage, trash,
and rubbish within the City of Paris over which a
city may exercise jurisdiction under state law, and
shall further have the right to fix charges and
compensation to be chaxged by or in the city for
the removal of such waste, gaxbage, trash and
rubbish, providing rules and regulations for the
collection thereof.
(Res. of 5-21-07)
Supp. No. 58
5
~13
Sec. 13. Municipal court.
§ is
There sha11 be a court for the trial of misde-
meanor offenses known as the Municipal Court of
the City of Paris, with such powers and duties as
are given and prescribed by the laws of the State
of Texas.
(Ord. No. 95-053, § 1, 9-13-95)
Editor's note-Subsequent to adoption of this Charter,
the state law was amended so as to change the terminology
from "corporation court" to "municipal court." See Government
Code, § 29.001 et seq.
Secs. 14, 15. Reserved.
Editor's note-Proposition 12, attached to a resolution
adopted May 21, 2007, deleted 14, 15, which pertained to
hospitals.
ARTICLE III. THE COUNCIL
Sec. 16. Number, selection, term.
The city council shall be composed of seven
councilmen who shall be elected in the following
manner:
Regular municipal elections in and for the City
of Paris shall be held on the uniform election date
established by state law in or about May of each
year. In even-numbered years, council members
from Districts One (1), Tvo (2), Three (3) and Six
(6) shall be elected. In odd-numbered years, coun-
cil members from Districts Four (4), Five (5) and
Seven (7) shall be elected. All council members
shall be bona fide residents of the districts in
which they seek election, shall possess the quali-
fications prescribed by this Charter and by V.T.C.A.
Election Code, Chapter 141, as amended, and
shall be elected by a majority vote of the qualified
voters residing in their respective districts.
At the first regular meeting of the council, or
special meeting if the same is necessary, after
which votes are canvassed for each annual elec-
tion held in or about May, including any runoff
election that is necessary, the newly comprised
city council shall elect from among its members a
mayor and mayor pro tem, each of whom shall
serve at the pleasure of the council. The mayor
pro tem shall act as mayor during the absence or
§16
PARIS CODE
disability of the mayor. In the absence or disabil-
ity of both, the council shall designate a member
as temporary presiding officer.
The members of the city council shall serve not
more than two consecutive two-year terms, after
which two years must pass before they are again
eligible to serve on the council. Any unexpired
term to which a member is appointed shall not be
counted toward such consecutive terms. Members
shall serve until their successors have been elected
and qualified.
(Ord. No. 95-053, § 1, 9-13-95; Res. of 5-21-07)
Sec. 17. Qualifications.
Each of the seven councilmen shall be at least
eighteen years of age or older, a citizen of the
United States of America, a resident of the State
of Texas for twelve months as of the deadline for
filing for office, and a bona fide resident of the
district in which he seeks election for twelve
months as of the deadline for filing for office; and
shall not have been convicted of a felony, been
adjudged to be mentally incompetent by a court,
or be disqualified by reason of any provision of
any other section of this Charter or of Chapter
141 of the Texas Election Code. A member of the
council shall immediately forfeit his office if the
member ceases to possess any of the qualifica-
tions specified in this section or in any other
section of the Charter or while in office is con-
victed of a felony, is placed on felony probation or
placed on deferred adjudication for a felony, or is
otherwise subject to any type of court supervision
following disposition or resolution of a felony
charge. For the purposes of this section, a bona
fide residence shall be defined as a place in which
the councilman actually resides, prima facie evi-
dence of which may include a utility account in
the name of the councilman, or his spouse, parent
or child with whom he actually resides.
(Ord. No. 95-053, § 1, 9-13-95; Res. of 5-21-07)
Sec. 18. Compensation of inembers.
Members of the city council shall serve without
pay or compensation; provided, however, they
shall be entitled to all necessary expenses in-
curred in the performance of their official duties.
Supp. No. 58
Sec. 19. Presiding officer; mayor.
The mayor shall preside at meetings of the
council and shall be recognized as head of the city
government for all ceremonial purposes and by
the governor for purposes of martial law, but shall
have no regular administrative duties. The mayor
shall be entitled to vote upon all matters consid-
ered by the council, but he shall, have no veto
power. The council shall elect a mayor pro tem
who shall act as mayor during the absence or
disability of the mayor and, if a vacancy should
occur shall become mayor until the next regular
election.
(Ord. No. 95-053, § 1, 9-13-95)
Sec. 20. Vacancies.
A vacancy in the council shall be filled by a
majority vote of the remaining members of the
council by the selection of a person possessing all
the qualifications prescribed by section 17 of this
Charter and by V.T.C.A., Election Code, Chapter
141, as amended, who shall be a bona fide resi-
dent of the district in which the vacancy occurs.
Where more than one vacancy shall develop at
any one time, then a special election shall be
called for the next uniform election date for which
the requirements of state law can be met and any
vacancy filled in the same manner as herein
provided for general elections; provided, however,
if such vacancies occur within ninety days of a
general election, then no special election shall be
called.
Sec. 21. Powers.
All powers of the city and the determination of
all matters of policy shall be vested in the city
council. Except where in conflict with and other-
wise expressly provided by this Charter, the city
council shall have all powers authorized to be
exercised by the city council by Chapter 4 of Title
28, Vernon's Annotated Civil Statutes, and acts
amendatory thereof and supplementary thereto,
now or hereafter enacted. Without limitation of
the foregoing and among the other powers that
may be exercised by the council, the following are
hereby enumerated for greater certainty:
(1) Appoint and remove the city manager.
6
Sup
14