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1467 ORD CALLING SPECIAL ELECTION FOR PURPOSE OF SUBMITTING THREE PROPOSED AMENDMENTS TO CHARTER OF COPURDINs11CE NU. 1467 0 AN ORDINIaNCE CALLING q SPECIAL ELECTION ROR THE PURPOSE OF SUBMITTING THREE PROPOSED AMENDNIENTS TO THE CHARTEk OF THE CITY OF PARIS, WHICH AMENDMENTS IN EFFECT HRE: aMENDMENT NUMF3ER ONEv ABOLISHING THE CITY MANAGEh 91D ObUNCIL FOr2Iv1 (_:F GCUEfNMENT AND SUBSTITUTING THEREFOR A MAYOR-ALDERMEN FORM OF GOVERNMENT; AMENDMENT NUMBER TWOv CREtiTING THE UFFICE OF MAYORv PRO- VIUING FGR H1S ,.;UHLIFICaTIUA?S2 ELECTIGN~ PGLNERSv DUTIES9 AND CO&iPENSATIUN, AND PROVIDING FGR A Mt=iYUk PRO TEM9 AND PROVIDING FOR DIRECTGRS OF DEPARTMENTS i;ND FOR DEPARTMENTAL DIVISIGNS OF THE CITY GOVERNMENT; HNiENDMENT NUh9BER THREE, PROVIDING FGR rIVE ALDERMEN FOR THE CITY OF PaRIS, ONE FROM EACH OF TI-E FOUR u1LARDS AND ONE HLDEBMAN-r'kT-LARGE, FIXING THE QUALIFICATIOhS OF ALDERMENg AND FIXING THE CGNiPENSATION FOR ALDERMEN; SAID ELECTIGN TG BE HELD BETWEEN THE HOURS OF 8:00 O#CLC;CK A. M. AND 7:00 0'CLOCK P. M. ON APRIL 7, A. D., 1959; AND IF SAID ;aMFNDMENTS ARE HDOPTED, FOR THE ELECTION OF A NIAYOR r1ND FIVE ALDE1&EN AS PROVIDED IN SAID AMEi1DhAENTS. WHEREAS, there has been filed with the City Council of the City of Paris a petition -for amendrnents to the Charter of the City of Paris and con- taining the names of t he required anc necessary ten per cent (10)6) of the qualified voters of the City o~ Paris; and, WHEREASO the City Council has caused the prooer noti-ce of its in- tention to pass an crdinance calling an election to submit said amendments, which notice has been given for twenty (20) days prior to the introduction or passage of this ordinance, by publication for ten (10) days in the offi- cial newspaper published in t he City of Paris; NOiN, THEREFORE, BE IT ORDaINED BY T HE CITY CUU11CIL OF THE CITY OF PARIS, TcXaS: Section No. 1. That a special election be held by the qualified voters of the City of Paris, Texas, between the hours of 8:00 oic.tock A. M. and 7:00 o'clock P. M., on the 7th day of April, A. D., 19599 and at such special election there shall be submitted three (3) proposed amendments to the e;cisting Ckiarter of the City or Paris, which amendments are set out in detail in Section No. 2 hereof; and on a separate ballot the voters of the City-rlt-Large shall elect a mayor and one alderman from each of the four wards of the City of Pari;, and one aldexman-at-iarge, all to be selected by majority vote of the City-At-Large, irrespective of wards, to serve for the coming ttvo (2) years, in the event a majority of the voters of the City o-1.2 Paris vote to adopt the three amendments nereinafter described. Section No. 2. The amendments to be submitted to the voters of the City of Paris are as follows: AMENDMENT NUh'tBER I.,NE; That Artilcle I of the Charter of the City of Paris be amended by adding new Section 2-A thereto providing the municipal government shall be known as ",Mayor-Al.dermen Government" and rernoving all reference to a city manager, and by adding Sections 4-Ag 4-B, 4-C and 4-D thereto, repealing Section 2 of said article I, leaving all other sections of Article I unchanged, repealing all portions of the charter in conflict and providing when effective, the said new Sections to rPad as follows: "rorm of Government Section 2-A. The municipal governrnent provided for by this Charter shall be known as the"Mayor-Aldermen Government." Pursuant to its provisions and subject only to the lirnitations imposed by the State constitution and by this Charter, all powers of the city shall be rested in an elective council, here- inafter referred to as "the council," which shall enact local legislation, adopt budgets and deterrnine policies. All powers of tne city shall be exer- cised in the manner prescribed by tinis charter, or if the manner be not pre- scribed, then in such manner as nay be prescribed by ordinance. Section 4-A. Repeal of Section 2 under .yrticle I. Section 2 under Article I of the Charter of the City City of Paris is hereby expressly re- pealed. Section 4-B. A11 other sections under Article I to remain as they presently read. All other sections of and under Article I of the Charter of the City of Paris relating to incorporation, boundaries and creation of ward boundaries shall remain as they presently read. Section 4-C. Repeal of all portions of the charter in conflict. All sections, or parts of sectionsg subsectionsg phrases and words of the Charter of the City of Paris in conflict herewith are hereby expressly repealed. Section 4-D. This amendment shall be effective and become a part of the Charter of the City of Paris when an official order has been entered upon tne records of the City of Paris by the governing body thereof declaring the same adopted. AMEIVDtAENT NUMBER TWG: That the Charter of the City of Paris be amended by adding naw Sections 39-A9 40-A, 41-A, 42-Al 43-At 43-Bg 43-1-t 43-D, 43-Ep 43-F and 43-G under a new .4rticle IV entitled "The Mayor", establishing the office of Mayor of the City of Paris and providing for his qualificationsg election, powersv duties and compensation, providing for the absence of the Mayor, for mayor pro tem) for filing vacancy in the office of mayor, and for directors of departments and for departmental divisions, repealing Article IV as heretofore existingv repealing Sections 39, 40, 41, 42 and 43 under said Article IV as heretofore existing, and repealing Section 19 under Article III, Section 21. (1) under Article III and Section 22 under article III9 abolishing the office of city manager, repealing all portions of the Charter in conflict, providing a saving clause and providing when effective, said naw Article IV and its said new Sections to read as follows: aRTICLE IV THE MAYGR Qualifications Section 39-A. Ttiere is hereby established the office of Mayor of the City of Paris. The person holding such office shall have the qualifications required of councilmen, or aldermen, set forth in Section 17-A of this cnarter under article III thereof. He shall hold his office for tevo years, and until his successor is elected, and qualified, unless sooner removed as provided in this charter. Any qualified person may have his ox her name placed on the official ballot as a candidate for the office of Mayor at any election for the purpose of electing a Mayor under the sarne terms and condi- tions as are provided in 5ections 95 and 96 under Article IX of this Charter for councilmen or aldermen. The regular election for Mayor shall be held every two years on the first Tuesday in April at the same time as the election for the choice of inembers of the council, and under the same regula- tions as provided under Article IX of this charter, and the Mayor so elected shall hold office for a ter►n of twu years, or until his successor in office is elected and qualified. The office of Mayor shall be voted on at the same time and at the same election at which this amendment is submitted to the voters, and the h4ayor so elected shall take office immediately upon this amendment becoming a part of the Charter of the City of Paris, and shall hold office until the next regular election for Mayor which shall be held on the first Tuesday in Hpril after this amendment becomes a part. of the Charter of the City of Paris, and until his successor is elected and qualified, unless sooner removed as provided in this Charter. But the Mayor so elected on said lst Tuesday in April shall hold office for two years and each fvlayor elected thereafter shall hold office for two years and until his successor is elected and qualified, unless sooner removed as provided in this Charter. Pawers, Duties, Compensation Section 40-A. Every ordinance or resolution of the council shall, before it takes efTect, be presented to the Mayor for his approval and signature. If ne approves it, he shall sign it and file it with the city clerk. If he dis- approves it, he snall specify his objections thereto in writing within five days and return it to the council with such disapproval. If he neither signs it nor returns it ta the council within five days, it shall be in full force and effect tize same as if signed and approved by him. The council may, in cases of veto of any ordinance or resolution by the mayor, pass the same over his veto by a majority vote of all members of the council. The mayor shall be the chief executive nfficer and the head of the ad- rainistrative branch of the city government. He shall have and exercise such powers, prerogatives and authority, acting independently or in concert with the councilt as are conferred by the provisions of t his charter, as amended, expressly including all thase formerly exercised by the city manager before the adoption of this amendment. All the administrative work of the city government shall be under the control and direction of the mayor and he shall devote all his full time to the duties of his office. Among othersp the powers and duties of the mayor shall be as follows: (1) To see that all laws and ordinances are enforced. (2) To perform all the duties and exercise all the powers formerly performed and exercised by the city manager under this charter before amendment. (3) To appoint and when necessary for the good or the service, remove all officers and employees of the city except as otherwise provided by this charter and except as he may authorize the head of a department to appoint and remove subordinates in such department, all subject to the confixma- tion of the council and to civil service rules and regulations, where applicable. (4) To exercise administrative control over all departments of the city. (5) To prepare the budget annually and submit it to the council and be responsible for its administration after adoption. (6) To prepare and submit to the council at the end of the fiscal year a complete report on the finances and administrative activities of the city for the preceding year. (7) To keep the council advised of the financial condition and future needs of the city and make such recommendations as may seem to him desirable. (8) To perform such other duties as may be prescribed by this charter. The covncil shall require the mayor, before entering upon the duties of his office, to execute a good and sufficient bond in such amount as the council may demand, payable to the City of Paxis and conditioned upon the faithful per- formance of the duties of the office of mayor of the City of Paris, the premium ior such bond to be paid by the city. The mayor shall preside at all meetings of the city council, at which he is present. In his absence the mayor pro tem shall preside. The mayor shall be compensated for his services and until the second regular election after this amendment becomes a part of the charter of the City of Parisp shall receive the salary of $800.00 per montn, payable in equal semi-monthly installments. Thereafter the council shall prescribe the salary of tne mayor. The council elected at the first regular election after this amendment becomes a part of the charter of the City of Paris shall fix the salary of tne rnayor on or before tne first day of January next preceding the regular election, and thereafter the council shall fix the salary of the mayor on or before the first day of January next preceding each regular election, said salary when so fixed to be efiective on the lst day of May following the next regular election, and continuing in effect for a period of two years and until changed by the council. The mayor shall have no vote upon any matter before the council~ except in case of a tie vote between those council members present at any meeting at which there is a quorum in attendanceg a quorum being at least three members of the council. It being the express intention and purpose hereof to establish the office of mayor and to abolish the office of city manager of the City of Paris, it is hereby expressly provided that in each and every section of the Charter of the City of Paris as it now exists which is not expressly repealed where the words "city manager" appear, the word "mayor" be and is hereby expressly substituted for and in place of the said words "city manager",, so that nowhere in said charter shall the words "city manager" exist after this amendment becomes a part of the Charter of the City of Paris, and the word "mayor"o meaning and designating the mayor provided for herein, shall appear and be in every place where said words "city manager" appear and are prior to the time when this amendment becomes a part of the Charter of the City of Paris so that the pro- visions of each remaining article and section shall, instead of applying to a city manager, expressly apply to the mayor as fully and efiectively as they formerly applied to the said city manager and the mayor provided for herein shall have and exercise and perform all of the powers and duties formerly exercised and performed by a city manager. absence of the Mayor, Vacancy Section 41 A. 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 occurs, shall act as mayor until a mayor is elected and qualified, during such times and while so acting exercising and having all the powers and duties of the mayor. The mayor pro tem shall receive no extra compensation by reason of so acting unless he performs the duties of mayor for more than fifteen days successively, in which event he shall receive such extra compensation as may be determined by the council. One of the members of the council shall be elected mayor pro tem. Directors of Departrnents Section 42-A. Nt the head of each department there shall be a director who shall be an officer of tne city and shall have supervision and control of the department subyect to the mayor. Two cr more dep«rtments may be headed by the same individual, the mayar rnay }iead one ox more departrr;ents, and directors of departments may also serve as chiefs of divisions. Departmental Divisions Section 43 A. The work of each administrative department may be distri- buted among such divisions thereof as may be established by oxdinance upon the reccmmendation of the mayor. Fending the passage of an ordinance or ordinances distributing the work of departments under the supervision and cantrol of the mayor among specific divisions thereof, the mayor may establish temporary di- visions. Section 43-B. Repeal of Article IV as heretofore existing. Article IV9 as heretofore existing, is hereby expressly repealed~ abolishing the City Ntanager. Secticn 43-C. Repeal of specific sections, article IV. Sections 39, 40, 41, 42 and 43) being all the sections under Article IVt are each hereby expressly repealed, and the office o£ city manager is expressly abolished. Section 43-D. Repeal of specific sections of Hrticle III. Sections 19, 21. (1) and 22 under Article III are each hereby expressly repealed. Tt is intended hEreby to repeal cnly that part of Section 21 designated as (1) and readingt "Appoint and remove the city manager". the remainder of said Section 21 -io con- tinue as it now reads. Sections 22 dnd 19 are rEpealed in totc. Sectien 43-E. Repeal of all portions of the charter in conflict. A11 sections or parts of sectionst subsections, phrases and words of trie Charter of the City of Faris in conflict herewith are hereby expressly repealed. Section 43-F. Saving Clause. Tf any sectiong sub-section, clause, sentence or phrase of this Article is fox any reascn held to be unconstitutional or in- valid, such decision shall not affect th.e remainder of this Article. Secticn 43--G. When Effective. This becor,le a part cf the Cnarter of the City been entered upon the records of the City thereor declaring the same adopted. aMEIVDME14T NUh1BER THREE: amPndment shall become effective and of Paris when an official order has of Faris by the governing body Thut the Charter of the City af Paris be amended by adding new Section 93-A under Article IX of said Charter, and new Sections 16-A, 17-A, 18 iA, 18-B, 18-C, 18-D, 18-E, 18-F, 18-G, 18-H~ 18-I and 18-J, under Article III of said ChGrter, providinc for holcing municipal elections, providing for the election of one alderman from each of the four wards of the city and one alderman-at-large, providing for the number, selection, term, qualifications and compensation of members of the council, providing that the words "ccuncilman" and "councilmen" wherever used or appearing in the Charter ef the City of Paris shall mean and signify members of the city council, who shall hereafter be known as aldermen, repealing Secticn 93 under article IX and Sections 16, 179, 18, 23 and 24 undEr t;rticlE SII, repealing all partions of the Gharter in conflictt and providing when effective, the said new Sections to rEad as follovrs: Municipal Elections Sectien 93-A. The regular election for the cnoice of a Mayor and members of the council shall be held every tvuo years on the lst Tuesday in April, as provided in Sections 39-A and 16-A of this Charter. The council may by resolu- tion orcier a special election, fix the time for holding same, and provide all means tor holding such special election. Plumber, Selection, Term Section 16 tl. The city council shall. be composed of five alcermen who shall be elected in the followinG manner: At the same time and at the same election at which this amendment is submitted to the voters, one alderman, who is a pona fide resident thereof, and possesses the qualifications prescribed by ttiis charter, shall be elected, by a majority vote cf the city at larget from each of the four wards of the City of Paris, as said waras are defined in this Charter, and one alderman-at- large, who is a bona fide resident of the City of Paxis, irrespective of residence in any particular warci of the City of Paris, possessing the qualifi- cations prescribed by this charter, shall be elected by a majority vote of ti-le city at larye. The five aldermen so elected shGll take office immediately upon this amendment becoming a part of t he Charter of the City of Paris, and shall hold office until the next regular election for aldermen which shall be neld cn trie lst Tuesday in April after this amendment becomes a part of the Charter af the Gity of Paris ancl until their successors are elected and qualified, unless sooner removed as prcvided in this Charter. Thereafter the regular election for all five Ulciermen shall be held every two years on the lst Tuesday in April under the same regulations as prcvided under article IX cf triis charter, and the aldermen so elected shall hold office for a term of two years, or until their successors are elected and qualified. The first regular election for all five aldermen shall be held on the lst Tuesdcy in E1pri1 next following the date upon which this amendment becomes a part of the Charter of the City of Paris. All electiens are to be held in the manner provided in P.rticle IX of this Charter. :sualifications Section 17-A. Each of the five aldermen shall be a citizen of the United 5tates of timerica and a qualified voter of the State of Texas; shall have re- sided for at least two years next preceding the election at which they are candidates within the corporate limits of the City of Paris; and shall not be in arrears in the payment of any taxes or other liability due the city, nox be disqualified by reason of any provision of any cther section of triis charter. n member of the cour,cil ceasing to possess any of the qualifications specified in this section or any other section of this charter, or convicted of a felany while in office, snall immediately forfeit his office. Compensation of Members Section 18-A. Members of the city council shall be compensated for their services, and until the second regular election after this amendment becomes a part of the Charter of the City of Parisp each alderman shall receive the salary of $100.00 per month, payable in equal serni-monthly installments. The council elected at the first regular election after this amendment becomes a part of the Charter of the City of Paris shall fix the salary of trie members of the succeeding council on or before the lst day of January next preceding the next regular election, and thereafter the council shall fix t he salary of the members of each succeeding council on or before the lst day of January next preceding each regular election, said salary so fixed to be effective on the lst day of Iti2ay following the said next regular electicn and continuing in effect for a period of two years and until changed by the council. Section 18-B. 4'Jords "councilman" and "councilmen" to mean and signify aldermen. The words "councilman" and "councilmen" wherever used or appearing in the Charter of tr,e City of Paris shall mean and signify members of the city council whe shall hereafter be known as aldermen. Secticn 18-C. Repeal of Section 93 under tirticle IX. Section 93 under Article IX is hereby expressly repealed. Section 18-D. Repeal of Section lE under Article III. Section 16 under Article III is hereby expressly repealed. Section 18-E. Repeal of Section 17 under hrticle III. Section 17 under Hrticle III is hereby expressly repealed. Section 18-F. Repeal of Section 18 under tirticlP III. Section 18 under Article III is hereby expressly repealed. Section 18-G. Repeal of Section 23 under tlrticle III. Section 23 under Article III is hereby expressly repealed. Section 18-H. Repeal of Section 24 under Article III. Section 24 under .:rticle III is hereby expressly repealed. Section 18-I. Repeal of all portions of the charter in conflict. A11 sections or parts of sectionst subsections, phrases and words of the Charter of the City of Paris in conflict herewith are hereby expressly repealed. Section 18-J. 4Vhen Effective. This amendment shall become effective and bECOme a part of the charter of the City of Paris when an official order has been entered upon the records of the City of Paris by the governing bcdy thereof declaring the same adopted. Secticn No. 3. If the voter desires to vote in favor of each of trle proposed amendments, such voter shall leave the word "Yes" on the ballot and strike out the worci "No", when voting upon each of said amendments separately. If the voter desires to vote against the amendments, such voter shall leave the word "No" and strike out the word "Yes" on the ballot when voting upon each of said amendments separately. Section No. 4. The polling places of ihe election shall be respectively as follows: UJard One (1), Central Fire Station; Ward Two (2), Grand Hotel; Ward Three (3). County Court House; and Ward Four (4)9 Paris High School Gymnasium. Section No. 5. Any person qualified may have his or her name placed on a separate ballot as a candidate for mayor or alderman by filing with the City Clerk at least thirty (30) days prior to the date of election, and exe- cuting the application as provided for in Section 95 of the Charter of the City of Paris. The order of the names on the ballot shall be determined by lot~ and the official ballot shall be printed not less than twenty (20) days before tize date cf the election$ and all of the requirements of Section 96 of the Charter of the City of Paris on the election of councilmen shall be co►nplied with. Section No. 6. The City Clerk is instructed to aive thirty (30) days notice of said election by placing notices at each polling place for that period of time and publishing a similar notice in the official newspaper, The Paris Newsg a paper of general circulation in the City of Parist Texas. Section No. 7. The election is to be held in accordance with the general election lavrs of the State of Texas in so far as the same are appli- cable. Section No. 8. The City Clerk is hereby authorized and directed to mail a copy of each of the proposed amendments to each qualified voter in the City of Paris as appears from the latest rolls of the Tax Collector as the same exist as of January 31, 1959, said amendments to be mailed as aforesaid not less than thirty (30) days prior to the 7th day of tipril, A. D., 1959. Fassed and adopted this 12th day of January, A. D., 1959. --i> Mayor aTTEST: , , , T.-~-t.~.-~. • - _ . ~ _'~„_s ~ ~ City Cleric. ~ APPROVED AS TO ~'ORM: r. City A orney.