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95-053 ORD PROPOSING AMENDMENTS TO ARTICLE I, THE COUNCIL SECTION 4 CREATION OF WARD BOUNDARIES ORDINANCE NO. 95-053 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, PROPOSING AMENDMENTS TO ARTICLE I, THE COUNCIL, SECTION 4, CREATION OF WARD BOUNDARIES, ARTICLE II, CORPORATE AND GENERAL POWERS, SECTION 8, CHANGE OF WARD BOUNDARIES, AND ARTICLE III, THE COLTNCIL, SECTION 16, NUMBER, SELECTION AND TERM, AND SECTION 20, VACANCIES, PROVIDING FOR REFLECTING THE SEVEN SINGLE-MEMBER VOTING DISTRICTS; PROPOSING AMENDMENTS TO ARTICLE II, CORPORATE AND GENERAL POWERS, SECTION 13, CORPORATION COURT, PROVIDING FOR CORRECTING THE NAME OF THE COURT; PROPOSING AMENDMENTS TO ARTICLE III, THE COUNCIL, SECTION 17, QUALIFICATIONS, PROVIDING FOR REQUIRING COUNCILMEN TO MEET CERTAIN QUALIFICATIONS; PROPOSING AMENDMENTS TO ARTICLE III, THE COUNCIL, SECTION 19, PRESIDING OFFICER; MAYOR, PROVIDING FOR CORRECTING A TERM THEREIN; PROPOSING AMENDMENTS TO ARTICLE III, THE COUNCIL, SECTION 29, INDUCTION INTO OFFICE; MEETINGS, PROVIDING FOR CORRECTING THE INDUCTION PROCEDURE AND PROVIDING FOR COMPLIANCE WITH THE OPEN MEETINGS ACT; PROPOSING AMENDMENTS TO ARTICLE V, THE BUDGET, SECTION 44, FISCAL YEAR, PROVIDING FOR CHANGING THE FISCAL YEAR; PROPOSING AMENDMENTS TO ARTICLE VII, FINANCE ADMINISTRATION, 5ECTION 74, SALE OF CITY PROPERTY, PROVIDING FOR ALLOWING THE SALE OF PROPERTY IN ACCORDANCE WITH STATE LAW; PROPOSING AMENDMENTS TO ARTICLE VII, FINANCE ADMINISTRATION, SECTION 75, PURCHASE PROCEDURE, PROVIDING FOR PERMITTING PURCHASING IN ACCORDANCE WITH STATE LAW; PROPOSING AMENDMENTS TO ARTICLE VII, FINANCE ADMINISTRATION, SECTION 76, CONTRACTS FOR IMPROVEMENTS, PROVIDING FOR PERMITTING CONTRACTING IN ACCORDANCE WITH STATE LAW; PROPOSING AMENDMENTS TO ARTICLE VII, FINANCE ADMINISTRATION, SECTION 77, DISBURSEMENT OF FUNDS, PROVIDING FOR DESIGNATING CERTAIN OFFICIALS AS THE PERSONS WHO SIGN ALL CHECKS, ETC.; PROPOSING AMENDMENTS TO ARTICLE IX, NOMINATIONS AND ELECTIONS, SECTION 93, MUNICIPAL ELECTIONS, SECTION 95, HOW TO GET NAME ON BALLOT, AND SECTION 99, CANVASSING ELECTIONS, PROVIDING FOR CONFORMING WITH STATE-SET ELECTION DATES, FILING DATES AND CANVASSING DATES; PROPOSING AMENDMENTS TO ARTICLE XII, GENERAL PROVISIONS, SECTION 131, PUBLICITY OF RECORDS, PROVIDING FOR CONFORMING WITH THE PUBLIC INFORMATION ACT; CALLING AN ELECTION ON SAID ISSUES; PROVIDING FOR PUBLIC NOTICE AND AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Paris deems it appropriate to call an election for the third Saturday in January, 1996. Said election will give the citizens of Paris an opportunity to change the Charter of the City of Paris to conform with previous practices, court orders and state law; and, WHEREAS, Section 9.004 of the Local Government Code, provides that a Charter election shall be held not less than thirty (30) days after the passage of this Ordinance calling for Charter amendments; and, WHEREAS, Section 41.001 of the Election Code, provides that the next earliest time for Charter election is the third Saturday in January, 1996, a uniform election date; NOW, THEREFORE, 1 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS: Section 1. That the following proposed Charter amendments be presented for vote on January 20, 1996: A. That Section 4, Creation of ward boundaries, of Article I, Incorporation: Form of Government• Territorv, of the Charter of the City of Paris be submitted for amendment, and if approved by a majority vote, be changed to read as follows: "ARTICLE I. INCORPORATION; FORM OF GOVERNMENT; TERRITORY Sec. 4. Creation of district boundaries "The City of Paris shall be divided into seven single-member districts for voting purposes only. The boundaries of each said district shall be depicted on the official voting district map of the City of Paris and shall be established in accordance with state and federal laws as they may, from time to time, be amended. " B. That Section 8, Change of ward boundaries, of Article II, Corporate and general powers, of the Charter of the City of Paris be submitted for amendment, and if approved by a majority vote, be changed to read as follows: "ARTICLE II. CORPORATE AND GENERAL POWERS Sec. 8. Change of district boundaries "The city council shall have power by ordinance to alter or change the district boundaries of the City of Paris; and to subdivide the city anew into districts, designating the same by number and describing same by metes and bounds or otherwise adequately, provided there shall at all times be seven single- member districts within the city; and to subdivide each district now existing or that may hereafter be established so that each district shall contain as nearly as possible the same number of electors, and to change such districts from time to time as the city council may deem expedient. District boundaries shall be established in accordance with state and federal laws as they may, from time to time, be amended. " C. That Section 13, Corporation Court, of Article II, Cor orate and General Powers, of the Charter of the City of Paris be submitted for amendment, and if approved by a majority vote, be changed to read as follows: "ARTICLE IL CORPORATE AND GENERAL POWERS Sec. 13. Municipal Court "There shall be a court for the trial of misdemeanor 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. " D. That Section 16, Number, selection, term, of Article III, The Council, of the Charter of the City of Paris be submitted for amendment, and if approved by a majority vote, be changed to read as follows: "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: "Elections in and for the City of Paris shall be held in and for the City of Paris on the first Saturday in May of each year. In even-numbered years, council members from Districts One (1), Two (2), Three (3) and Six (6) shall be elected. In odd-numbered years, council members from Districts Four (4), Five (5) and Seven (7) shall be elected. All council members shall be bona fide residents of 2 the districts in which they seek election, shall possess the qualifications 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, following each annual election held on the first Saturday in May, the members of the city council so elected by majority vote shall elect a mayor and mayor pro tem from among their number. "The members of the city council shall serve not more than two terms in succession and until their successors shall have been elected and qualified; and they shall be ineligible to succeed themselves for any additional successive term. " E. That Section 17, Qualifications, of Article III, The Council, of the Charter of the City of Paris be submitted for amendment, and if approved by a majority vote, be changed to read as follows: "ARTICLE IIL THE COUNCIL Sec. 17. Qualifications "Each of the seven councilmen shall be at least 21 years of age or older, a citizen of the United States of America, a resident of the State of Texas for 12 months as of the deadline for filing for office, and a bona fide resident of the district in which he seeks election for 12 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, found to be in arrears in the payment of any taxes or other liability due to the city, or be disqualified by reason of any provision of any other section of this Charter or of V.T.C.A., Election Code, Chapter 141, as amended. A member of the council ceasing to possess any of the qualifications specified in this section or any other section of this Charter, or convicted of a felony while in office, shall immediately forfeit his office. For the purposes of this section, a bona fide residence shall be defined as a place in which the councilman actually resides, prima facie evidence of which may include a utility account in the name of the councilman, or his spouse, parent or child with whom he actually resides. " F. That Section 19, Presiding officer; mavor, of Article III, The Council, of the Charter of the City of Paris be submitted for amendment, and if approved by a majority vote, be changed to read as follows: "ARTICLE IIL THE COUNCIL 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 considered 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. " G. That Section 20, Vacancies, of Article III, The Council, of the Charter of the City of Paris be submitted for amendment, and if approved by a majority vote, be changed to read as follows: "ARTICLE III. THE COUNCIL 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 resident of the district in which the vacancy occurs. Where more than one vacancy shall develop at any 3 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. " H. That Section 29, Induction into office; meetings, of Article III, The Council, of the Charter of the City of Paris be submitted for amendment, and if approved by a majority vote, be changed to read as follows: "ARTICLE III. THE COUNCIL Sec. 29. Induction into office; meetings "Following each regular municipal election held under this Charter, or any special election for filling vacancies in the council, the council shall meet at its usual time and place for holding meetings, and the newly elected members shall qualify and assume the duties of office. The council shall meet regularly at such times as may be prescribed by its rules, but not less frequently than once each month. Special meetings shall be called by the city clerk upon request of the mayor, city manager or a majority of the members of the council. All meetings of the council shall be held in accordance with V. T. C. A. , Government Code, Chapter 551, as amended. Minutes of all such open meetings shall be kept and such minutes shall constitute public records. " 1. That Section 44, Fiscal Year, of Article V, The Budizet, of the Charter of the City of Paris be submitted for amendment, and if approved by a majority vote, be changed to read as follows: "ARTICLE V. THE BUDGET Sec. 44. Fiscal Year "The fiscal year of the City of Paris shall begin on the first day of October and shall end on the last day of September of each calendar year. Such fiscal year shall also constitute the budget and accounting year. " J. That Section 74, Sale of City Propertv, of Article VII, Finance Administration, of the Charter of the City of Paris be submitted for amendment, and if approved by a majority vote, be changed to read as follows: "ARTICLE VII. FINANCE ADMINISTRATION Sec. 74. Sale of city property "Before the city makes any sale or contract for the sale of any property belonging to the city either in the form of land, real estate or other properties, having an estimated value of $15,000.00 or less, or that amount set by V.T.C.A., Local Government Code, as amended, whichever is greater, opportunity shall be given for open competition under such rules and regulations as the city council may prescribe. "In the sale of property valued at more than $15,000.00, or that amount set by V.T.C.A. Local Government Code, as amended, whichever is greater, the property shall be advertised for sale and bids in the local newspaper, the contract of sale shall be awarded to the highest responsible bidder, either at auction or upon sealed bids, after such public notice and competition as may be prescribed, and upon such other terms and conditions not inconsistent with express provisions of law and of this Charter, as the city council may order; provided the city council shall have the power to reject all bids and advertise again. These same procedures shall be used whenever the city acts as transfer agent. " K. That Section 75, Purchase Procedure, of Article VII, Finance Administration, of the Charter of the City of Paris be submitted for amendment, and if approved by a majority vote, be changed to read as follows: 4 "ARTICLE VII. FINANCE ADMINISTRATION Sec. 75. Purchase procedure "The director of finance shall have authority to make expenditures without the approval of the city council for all budgeted items not exceeding those amounts set by V.T.C.A., Local Government Code, as amended. Any expenditure involving more than those amounts set by V. T. C. A. , Local Government Code, as amended, must be expressly approved in advance by the city council. All contracts or purchases involving more than those amounts set by V. T. C. A., Local Government Code, as amended, shall be let to the lowest and best bid by a responsible bidder after there has been an opportunity for competitive bidding. Where an expenditure of more than those amounts set by V. T. C. A. , Local Government Code, as amended, is involved, notice of the time and place, when and where such contract shall be let shall be published in a newspaper in the City of Paris once a week for two consecutive weeks prior to the time for making such purchase or letting such contract, the time of the first publication to be at least fourteen (14) days prior to the time for making such purchase or letting such contract; provided, however, that the city council shall have the right to reject any and all bids; and provided further that nothing herein shall apply to contracts for personal or for professional services, work done by city forces, or work, including, but not limited to, labor, material and machinery, paid for by the day as such work progresses. " L. That Section 76, Contracts far improvements, of Article VII, Finance Administration, of the Charter of the City of Paris be submitted for amendment, and if approved by a majority vote, be changed to read as follows: "ARTICLE VII. FINANCE ADMINISTRATION Sec. 76. Contracts for improvements "Any city improvement costing more than $15,000.00, or that amount set by V. T. C. A. , Local Government Code, as amended, whichever is greater, shall be executed by contract except where such improvement is authorized by the council to be executed directly by a city department in conformity with detailed plans, specifications and estimates. All such contracts for more than $15,000.00, or that amount set by V.T.C.A., Local Government Code, as amended, whichever is greater, shall be awarded to the lowest responsible bidder after such public notice and competition as may be prescribed by ordinance, provided the city council shall have the power to reject all bids and advertise again. Alterations in any contract may be made when authorized by the council upon the written recommendation of the city manager when and only when such alterations do not increase the cost to the city more than ten per cent of the original amount. Nothing herein shall apply to work done by city forces or work, including, but not limited to, labor, material and machinery, paid for by the day as such work progresses." M. That Section 77, Disbursement of funds, of Article VII, Finance Administration, of the Charter of the City of Paris be submitted for amendment, and if approved by a majority vote, be changed to read as follows: "ARTICLE VII. FINANCE ADMINISTRATION Sec. 77. Disbursement of funds "All checks, vouchers or warrants for the withdrawal of money from the city depository shall be signed by the director of finance, or his designee, and countersigned by the city manager, or his designee. " N. That Section 93, Municipal elections, of Article IX, Nominations and Elections, of the Charter of the City of Paris be submitted for amendment, and if approved by a majority vote, be changed to read as follows: 5 "ARTICLE IX. NOMINATIONS AND ELECTIONS Sec. 93. Municipal elections "The regular election for the choice of inembers of the council as provided in Section 16 of this Charter shall be held each year on the first Saturday in May. The council may, by resolution, order a special election, fix the time for holding same, and provide all means for holding such special election. All elections shall be held in accordance this Charter and with state laws as they may, from time to time, be amended. " 0. That Section 95, How to get name on ballot, of Article IX, Nominations and Elections, of the Charter of the City of Paris be submitted for amendment, and if approved by a majority vote, be changed to read as follows: "ARTICLE IX. NOMINATIONS AND ELECTIONS Sec. 95. How to get name on ballot "Any qualified person may have his or her name placed on the official ballot as a candidate for councilman at any election held for the purpose of electing councilmen by filing with the mayor or city clerk, at least forty-five (45) days prior to the date of election, a sworn application in the form provided by the State of Texas, and shall meet all the requirements set forth by this Charter and by state law as it may, from time to time, be amended. " P. That Section 99, Canvassing elections, of Article IX, Nominations and Elections, of the Charter of the City of Paris be submitted for amendment, and if approved by a majority vote, be changed to read as follows: "ARTICLE IX. NOMINATIONS AND ELECTIONS Sec. 99. Canvassing elections "Returns of elections, general and special, shall be made by the election officers to the city council at its next regular meeting, or at a special meeting called by the mayor, provided that such meeting shall occur no earlier than two (2) days nor more than six (6) days after the date of such election, and shall canvass the returns and declare the results of such election. " Q. That Section 131, Publicity of Records, of Article XII, General Provisions, of the Charter of the City of Paris be submitted for amendment, and if approved by a majority vote, be changed to read as follows: "ARTICLE XII. GENERAL PROVISIONS Sec. 131. Publicity of records "All records and accounts of every office, department or agency of the city shall be available to the public in accordance with the Public Information Act, as amended. " Section 2. That said amendments be presented for "YES" or "NO" votes in the following forms: Question #1 "Shall Sections 4, 8, 16 and 20 of the Charter of the City of Paris be amended to reflect the currently established seven single-member voting districts in which each councilman must be a bona fide resident of the district for which he seeks election and can be voted for only by the residents of that district?" Question #2 "Shall Section 13 of the Charter of the City of Paris be amended to change the reference therein from "Corporation Court" to "Municipal Court"?" 6 Question #3 "Shall Section 17 of the Charter of the City of Paris be amended to require that councilmen meet the qualifications set forth by state law (V.T.C.A., Election Code, Chapter 141, as amended) in order to seek election or hold office?" Question #4 "Shall Section 19 of the Charter of the City of Paris be amended to correct the reference therein from "military law" to "martial law"?" Question #5 "Shall Section 29 of the Charter of the City of Paris be amended to correct the schedule for newly elected officers to assume the duties of office and to require that all meetings of the City Council be held in accordance with the Open Meetings Act (V.T.C.A. Government Code, Chapter 551)?" Question #6 "Shall Section 44 of the Charter of the City of Paris be amended to reflect the currently established fiscal year, which begins on the first day of October and ends on the last day of September of each calendar year?" Question #7 "Shall Section 74 of the Charter of the City of Paris be amended to allow for the sale of municipally-owned property in accordance with state law?" Question #8 "Shall Section 75 of the Charter of the City of Paris be amended to permit purchasing in accordance with state law?" Question #9 "Shall Section 76 of the Charter of the City of Paris be amended to allow for the contracting of city improvements in accordance with state law?" Question #10 "Shall Section 77 of the Charter of the City of Paris be amended to designate the director of finance and the city manager, or their respective designees, as the persons who sign all checks, vouchers or warrants for the with- drawal of money from the city depository?" Question #11 "Shall Sections 93, 95 and 99 of the Charter of the City of Paris be amended to conform to the election dates, filing dates and canvassing dates set by state law?" Question #12 "Shall Section 131 of the Charter of the City of Paris be amended to require that records be made available in accordance with the Public Information Act (formerly known as the Open Records Act)?" Section 3. That an election is hereby called for January 20, 1996, on said aforementioned Charter amendments. Each of the proposed amendments that receives a majority of "YES" votes shall he declared passed. Said amendments passing by majority vote shall be entered upon the records of the City of Paris, be declared by the City Council of the City of Paris to be adopted, and shall be effective thenceforth. 7 Section 3: That a copy of this Ordinance shall be published, in its entirety, in the Paris News on the same day in two successive weeks, with the first publication occurring before the fourteenth (14th) day before the date of said election. Section 4. That this Ordinance shall take effect immediately upon passage. PASSED AND ADOPTED on this the 13th day of N ber, 19 5. Eric S. Clifford, Mayor ATTEST: . Mattie Cunningham, City Cler APPROVED S FORM: T. K. Haynes, ity Attorney 8