The city council shall be composed of seven councilmembers 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), 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 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, after which votes are canvassed for each
annual election 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 disability of the mayor. In the absence or disability
of both, the council shall designate a member as temporary presiding
officer.
The members of the city council shall serve not more than three
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.
(Ordinance 95-053, sec. 1, adopted 9/13/95; Resolution 2007-055 adopted 5/21/07, Props. 13–15; Resolution 2011-047, sec. 2, adopted 5/23/11; Ordinance 2022-090, ex. B, adopted 12/12/2022)
Each of the seven councilmembers 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 or she 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 or her office if the member ceases to
possess any of the qualifications specified in this section or in
any other section of the Charter or while in office is convicted 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. Furthermore,
a member of the council shall immediately forfeit his or her office
if he or she fails to attend at least seventy-five percent (75%) of
meetings in any year of his or her term of office unless otherwise
excused by the remaining members of the council, with a year being
measured from the first meeting in May to the last meeting in April.
For the purposes of this section, a bona fide residence shall be defined
as a place in which the councilmember actually resides, prima facie
evidence of which may include a utility account in the name of the
councilmember, or his or her spouse, parent or child with whom he
or she actually resides.
(Ordinance 95-053, sec. 1, adopted 9/13/95; Resolution 2007-055 adopted 5/21/07, Props. 16–18; Ordinance 2022-090, ex. B, adopted 12/12/2022)
Members of the city council shall serve without pay or compensation;
provided, however, they shall be entitled to all necessary expenses
incurred in the performance of their official duties.
(Ordinance 2022-090, ex. B, adopted 12/12/2022)
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 or she 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.
(Ordinance 95-053, sec. 1, adopted 9/13/95; Ordinance
2022-090, ex. B, adopted 12/12/2022)
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
15 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 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.
(Ordinance 95-053, sec. 1, adopted 9/13/95; Ordinance
2022-090, ex. B, adopted 12/12/2022)
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 otherwise expressly provided by this Charter, the city council
shall have all powers authorized to be exercised by the city council
by the laws of the State of Texas, 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.
(2) Establish
administrative departments.
(3) Adopt the
budget of the city.
(4) Authorize
the issuance of bonds by a bond ordinance.
(5) Inquire
into the conduct of any office, department or agency of the city and
make investigations as to municipal affairs.
(6) Provide
for a planning commission, a zoning commission and a zoning board
of adjustment, and appoint the members of all such commissions and
boards, and as well the members of the hospital board, if a hospital
is established. The planning and zoning commission may be combined.
Such boards and commissions shall have all powers and duties now or
hereafter conferred and created by this Charter, by city ordinance
or by law.
(8) Adopt and
modify the official map of the city.
(9) Adopt,
modify, and carry out plans proposed by the planning commission for
the clearance of slum districts and rehabilitation of blighted areas.
(10) Adopt,
modify and carry out plans proposed by the planning commission for
the replanning, improvement and redevelopment of neighborhoods and
for the replanning, reconstruction or redevelopment of any area or
district which may have been destroyed in whole or in part by disaster.
(11) Regulate,
license and fix the charges or fares made by any person owning, operating
or controlling any vehicle of any character used for the carrying
of passengers for hire or the transportation of freight for hire on
the public streets and alleys of the city.
(12) Provide
for the establishment and designation of fire limits and to prescribe
the kind and character of buildings or structures or improvements
to be erected therein, and to provide for the erection of fireproof
buildings within certain limits, and to provide for the condemnation
of dangerous structures or buildings or dilapidated buildings or buildings
calculated to increase the fire hazard, and the manner of their removal
or destruction.
(Ordinance 2022-090, ex. B, adopted 12/12/2022)
The council shall appoint an officer of the city who shall have
the title of city manager and who shall have the powers and perform
the duties in this Charter provided. No councilmember shall receive
such appointment during the term for which he or she shall have been
elected, nor within one year after the expiration of his or her term.
The salary of the city manager shall be fixed by the city council, and he or she shall hold office at its will. The city council may suspend the city manager if the manager declines to resign at the request of the council, that request being expressed in a resolution approved by a majority vote of the total membership of the council. Such resolution shall set forth the reasons for suspension and proposed removal. A copy of such resolution shall be served immediately upon the city manager, who shall have 15 days in which to reply thereto in writing, and upon request, shall be afforded a public hearing, which shall occur not earlier than 10 days nor later than 15 days after such hearing is requested. At such public hearing, if one is requested, the city manager will be allowed up to 30 minutes to respond to his or her proposed termination. Members of the public will be allowed to speak in support of or in opposition to termination, and may address any aspect of the city manager’s performance. After the conclusion of the public hearing, if one is requested, or after 15 days if the manager has not responded to the request to resign, and after full consideration, the city council, by a majority vote of its total membership, shall adopt a final resolution of removal or reinstatement. The city manager shall continue to receive full salary until the effective date of a final resolution of removal. The action of the council in suspending or removing the city manager shall be final, it being the intention of this Charter to vest all authority and fix all responsibility for such suspension or removal in the city council. During an absence or disability of the city manager, except as provided in section
39, the council may designate a properly qualified person to perform the duties of office.
(Resolution 2007-055 adopted 5/21/07, Prop. 19; Ordinance 2022-090, ex. B, adopted 12/12/2022)
Neither the council nor any of its members shall direct the
city manager or any of his or her subordinates in the appointment
or removal of any city employee; provided, however, that the appointment
of department heads shall be subject to the approval of the council.
Except for the purpose of inquiry, the council and its members shall
deal with city employees solely through the city manager, and neither
the council nor any member thereof shall give orders to any subordinates
of the city manager, either publicly or privately. It shall be grounds
for removal from office if, following investigation by and a hearing
before the council, a council member is found guilty of multiple,
willful violations of this section.
(Resolution 2007-055 adopted 5/21/07, Prop. 20; Ordinance 2022-090, ex. B, adopted 12/12/2022)
The city manager, and such other officers of the city as may
be designated by vote of the council, shall be entitled to seats in
the council, but shall have no vote therein. The city manager shall
have the right to take part in the discussion of all matters coming
before the council, and other officers shall be entitled to take part
in the discussions of the council relating to their respective offices,
departments or agencies.
(Ordinance 2022-090, ex. B, adopted 12/12/2022)
There are hereby created the following administrative departments:
Finance, police, fire, and public works, and such other departments
as may be established by the council as hereinafter provided.
The council may, if it deems it advisable, consolidate into
one department not more than two of the departments hereby established.
The council by ordinance may create, change, and abolish offices,
departments, or agencies other than the offices, departments and agencies
established by this Charter.
(Ordinance 2022-090, ex. B, adopted 12/12/2022)
The council shall designate an officer of the city who shall
be recommended by the city manager to serve as clerk of the council.
He or she shall give notices of its meetings, shall keep the minutes
of its proceedings, shall authenticate by his or her signature and
record in full in a book kept and indexed for the purpose of all ordinances
and resolutions, and shall perform such other duties as the city manager
shall assign to him or her, and those elsewhere provided in this Charter.
(Resolution 2007-055 adopted 5/21/07, Prop. 21; Ordinance 2022-090, ex. B, adopted 12/12/2022)
The city council shall appoint a duly licensed attorney to serve
as the city judge, with a term of two years. He or she may be removed
by the city council at any time for incompetence, misconduct, malfeasance,
or disability. He or she shall receive such salary as may be fixed
by the council from time to time. In the event of failure of the city
judge to act for any reason, the council may choose a duly licensed
attorney to perform as acting city judge. All costs and fines imposed
by the municipal court, or by any court in cases appealed from judgments
of the municipal court, shall be paid into the city treasury and used
for the benefit of the city or as required by state law.
(Resolution 2007-055 adopted 5/21/07, Props. 22–24; Ordinance 2022-090, ex. B, adopted 12/12/2022)
The city council shall appoint a duly licensed attorney who
shall be its city attorney. He or she shall receive for his or her
services such compensation as may be fixed by the council and shall
hold his office at the will of the city council.
He or she shall be the legal adviser of and attorney and counsel
for the city and all officers and departments thereof. The city may
retain legal council other than the city attorney for special cases.
The city attorney shall have power to appoint an assistant city
attorney, if deemed necessary by him or her, subject to the approval
of the city council, at such compensation as may be fixed by the council;
and more than one assistant city attorney if deemed necessary by the
council, such assistant or assistants to hold office at the will of
the city attorney, so long as he or she remains such, or in the absence
of the city attorney, at the will of the city council.
(Resolution 2007-055 adopted 5/21/07, Props. 25–28; Ordinance 2022-090, ex. B, adopted 12/12/2022)
Newly elected members of the council will be sworn in and assume
their duties following a meeting scheduled in accordance with the
Texas Election Code to canvass and certify municipal election returns.
Thereafter, the council shall meet regularly at such times as may
be prescribed by its rules but not less frequently than once each
month. The council and such boards and commissions as are required
by law shall comply with the Texas Open Meetings Act and may convene
in executive session only as expressly provided therein, such as consideration
of specific personnel matters, certain consultations with an attorney,
discussions about the value or transfer of real property, and discussion
of certain economic development matters. Otherwise, all meetings of
the council and of its boards and commissions shall be open to the
public and in full compliance with the Texas Open Meetings Act; 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.
(Resolution 2007-055 adopted 5/21/07, Props. 29, 30; Ordinance 2022-090, ex. B, adopted 12/12/2022)
The council shall be the judge of the election and qualifications
of its members and for such purpose shall have power to subpoena witnesses
and require the production of records, but the decision of the council
in any such case shall be subject to review by the courts.
(Ordinance 2022-090, ex. B, adopted 12/12/2022)
The council shall determine its own rules and order of business.
It shall keep minutes and certified agendas of its proceedings as
required by state law.
(Resolution 2007-055 adopted 5/21/07, Prop. 31; Ordinance 2022-090, ex. B, adopted 12/12/2022)
In addition to such acts of the council as are required by statute
or by this Charter to be by ordinance, every act of the council establishing
a fine or other penalty or providing for the expenditure of funds
or for the contracting of indebtedness shall be by ordinance. The
enacting clause of all ordinances shall be “BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF PARIS”.
(Ordinance 2022-090, ex. B, adopted 12/12/2022)
Every ordinance shall be introduced in written or printed form and, upon passage, shall take effect at the time indicated therein; provided that any ordinance imposing a penalty, fine or forfeiture for a violation of its provisions shall become effective not less than ten days from the date of its passage; subject to the provisions of article
XI of this Charter. The city clerk shall give notice of the passage of every ordinance imposing a penalty, fine or forfeiture for a violation of the provisions thereof, by causing the caption or title, including the penalty, of any such ordinance to be published in the official newspaper of the City of Paris at least twice within ten days after the passage of said ordinance. He or she shall note on every ordinance, the caption of which is hereby required to be published, and on the record thereof, the fact that same has been published as required by the Charter, and the date of such publication, which shall be prima facie evidence of the legal publication and promulgation of such ordinance; provided, that the provisions of this section shall not apply to the correction, amendment, revision and codification of the ordinances of the city for publication in book or pamphlet form. Except as otherwise provided by article
XI of this Charter, it shall not be necessary to the validity of any ordinance that it shall be read more than one time or considered at more than one session of the city council. Every ordinance shall be authenticated by the signature of the mayor and city clerk and shall be systematically recorded and indexed in an ordinance book in a manner approved by the council. It shall only be necessary to record the caption or title of ordinances in the minutes or journal of council meetings. The city council shall have power to cause the ordinances of the city to be corrected, amended, revised, codified and printed in code form as often as the council deems advisable, and such printed code, when adopted by the council, shall be in full force and effect without the necessity of publishing the same or any part thereof in a newspaper. Such printed code shall be admitted in evidence in all courts and places without further proof.
(Resolution 2007-055 adopted 5/21/07, Prop. 3; Ordinance 2022-090, ex. B, adopted 12/12/2022)
The council shall have power to inquire into the conduct of
any office, department, agency, or officer of the city and to make
investigations as to municipal affairs, and for that purpose may subpoena
witnesses, administer oaths, and compel the production of books, papers
and other evidence. Failure to obey such subpoena or to produce books,
papers or other evidence as ordered under the provisions of this section
shall constitute a misdemeanor and shall be punishable by fine not
to exceed five hundred dollars. Each day of failure to obey such subpoena
shall be considered a separate offense.
(Resolution 2007-055 adopted 5/21/07, Prop. 32; Ordinance 2022-090, ex. B, adopted 12/12/2022)
The city council shall designate a certified public accountant
to conduct an independent audit of the City’s financial records
each fiscal year and report his or her findings to the City Council.
Selection of the certified public accountant shall be in compliance
with state law dealing with the procurement of professional services.
The Council may contract with the certified public accountant to perform
financial audit services for more than one year. Notice shall be given
by publication in some newspaper of general circulation in the City
of Paris that the annual audit is on file at the City Hall for inspection.
Such accountant shall have no personal interest, direct or indirect,
in the fiscal affairs of the city government. He or she shall not
maintain any accounts or record of the city business, but, within
specifications approved by the council, shall post-audit the books
and documents kept by the department of finance and any separate or
subordinate accounts kept by any other office, department or agency
of the city government.
(Resolution 2011-047, sec. 2, adopted 5/23/11; Ordinance
2022-090, ex. B, adopted 12/12/2022)
The city council shall have the authority to establish and maintain
a free public library within the city and to cooperate with any person,
firm, association or corporation under such terms as the city council
may prescribe for the establishment or maintenance of such free public
library. For budget purposes, the library shall be considered as a
department of the city and the appropriations therefor shall comply
with all the budgetary requirements as outlined in this Charter and
as may be prescribed from time to time by the city council. Annual
appropriations for the library will not be continuing, but will revert
to the general fund in the same manner as the underspent appropriations
of the other departments.
(Ordinance 2022-090, ex. B, adopted 12/12/2022)
The city council may create a housing authority of such number,
terms and compensation of members as the council may determine and
may delegate to the housing authority such powers relating to the
planning, construction, reconstruction, alteration, repair, maintenance
or operation of housing projects and housing accommodations as the
council may determine.
(Ordinance 2022-090, ex. B, adopted 12/12/2022)
The city council shall have authority to provide for rules and
regulations for maintaining employees when injured and disabled while
performing their duties, or it may provide for such plan of insurance
as it deems proper. The city council shall have authority to establish
a pension and retirement system for any or all groups of employees
in the service of the city. The cost of the system shall be determined
actuarially on the basis of such mortality and service tables as are
required under state law. The provisions of the ordinance establishing
such a pension and retirement system shall require periodic actuarial
evaluations, which shall serve as the basis of any changes in the
rates of contributions, and shall also provide for the maintenance
at all times of adequate reserves to meet all accrued liabilities.
People employed on a full-time basis by the city shall be required
to join the system as a condition of employment. The city council
shall have authority, on behalf of the City of Paris and its employees,
to join or participate in any district or statewide pension and retirement
system which has been established by the Legislature of the State
of Texas.
(Ordinance 2022-090, ex. B, adopted 12/12/2022)