Qualified voters of the city shall have power to propose any
ordinance except an ordinance appropriating money, authorizing the
levy of taxes, zoning, issuing of bonds or notes, salaries, or in
any instance where a court of proper jurisdiction has determined that
the initiated ordinance has been removed from the field of initiation.
Valid petitions shall be subject to adoption or rejection at the polls,
such power being known as the initiative. Any initiative ordinance
may be submitted to the council by a petition signed by qualified
voters of the city equal in number to at least 25 percent of the number
of votes cast in the cumulative seven districts in the last contested
general election for each district.
(Resolution 2007-055 adopted 5/21/07, Prop. 53; Ordinance 2022-090, ex. B, adopted 12/12/2022)
The voters shall have power to approve or reject at the polls
any ordinance passed by the council, or submitted by the council to
a vote of the voters, such powers being known as the referendum, except
in cases of bond ordinances, ordinances making the annual tax levy,
zoning, annexation, utility rates, personnel and administrative matters,
or in any instance where a court of appropriate jurisdiction has determined
that the referred ordinance has been removed from the field of referendum.
Ordinances submitted to the council by initiative petition and passed
by the council without change shall be subject to the referendum in
the same manner as other ordinances. Within 20 days after the enactment
by the council of any ordinance that is subject to a referendum, a
petition signed by qualified voters of the city equal in number to
at least 25 percent of the number of votes cast in the cumulative
seven districts in the last contested general election for each district
may be filed with the city clerk requesting that any such ordinance
be either repealed or submitted to a vote of the voters.
(Resolution 2007-055 adopted 5/21/07, Prop. 54; Ordinance 2022-090, ex. B, adopted 12/12/2022)
Initiative petition papers shall contain the full text of the
proposed ordinance. The signatures to initiative or referendum petitions
need not all be appended to one paper, but to each separate petition
there shall be attached a statement of the circulator thereof as provided
by this section. Each signer of any petition paper shall sign his
or her name in ink or indelible pencil and shall indicate after his
or her name his or her place of residence, by street and number or
other description sufficient to identify the place. There shall appear
on each petition the names and addresses of five voters, who, as a
committee of the petitioners, shall be regarded as responsible for
the circulation and filing of the petition. Attached to each separate
petition paper there shall be an affidavit of the circulator thereof
that he or she, and he or she only, personally circulated the foregoing
paper, that it bears a stated number of signatures, that all signatures
appended thereto were made in his or her presence, and that he or
she believes them to be the genuine signatures of the persons whose
names they purport to be.
(Resolution 2007-055 adopted 5/21/07, Prop. 1; Ordinance 2022-090, ex. B, adopted 12/12/2022)
All petition papers comprising an initiative or referendum petition
shall be assembled and filed with the city clerk as one instrument.
Within ten days after the petition is filed, the city clerk shall
determine whether each paper of the petition has a proper statement
of the circulator and whether the petition is signed by a sufficient
number of qualified voters. The city clerk shall declare any petition
paper entirely invalid which does not have attached thereto an affidavit
signed by the circulator thereof. If a petition paper is found to
be signed by more persons than the number of signatures certified
by the circulator, the last signatures in excess of the number certified
shall be disregarded. If a petition paper is found to be signed by
fewer persons than the number certified, the signature shall be accepted
unless void on other grounds. After completing his or her examination
of the petition, the city clerk shall certify the result thereof to
the council at its next regular meeting. If he or she shall certify
that the petition is insufficient he or she shall set forth in his
certificate the particulars in which it is defective and shall at
once notify the committee of the petitioners of his findings.
(Resolution 2007-055 adopted 5/21/07, Prop. 1; Ordinance 2022-090, ex. B, adopted 12/12/2022)
An initiative or referendum petition may be amended at any time
within ten days after the notification of insufficiency has been sent
by the city clerk, by filing a supplementary petition upon additional
papers signed and filed as provided in case of an original petition.
The city clerk shall, within five days after such an amendment is
filed, make examination of the amended petition and, if the petition
be still insufficient, he or she shall file a certificate to that
effect in his or her office and notify the committee of petitioners
of his or her findings and no further action shall be had on such
insufficient petition. The finding of the insufficiency of a petition
shall not prejudice the filing of a new petition for the same purpose.
(Ordinance 2022-090, ex. B, adopted 12/12/2022)
When a referendum petition, or amended petition as defined in section
88 of this article, has been certified as sufficient by the city clerk, the ordinance specified in the petition shall not go into effect, or further action thereunder shall be suspended if it shall have gone into effect, until and unless approved by the voters, as hereinafter provided.
(Resolution 2007-055 adopted 5/21/07, Prop. 1; Ordinance 2022-090, ex. B, adopted 12/12/2022)
Whenever the council receives a certified initiative or referendum
petition from the city clerk, it shall proceed at once to consider
such petition. A proposed initiative ordinance shall be read and provision
shall be made for a public hearing upon the proposed ordinance. The
council shall take final action on the ordinance not later than sixty
days after the date on which such ordinance was submitted to the council
by the city clerk. A referred ordinance shall be reconsidered by the
council and its final vote upon such reconsideration shall be upon
the question, “Shall the ordinance specified in the referendum
petition be repealed?”
(Ordinance 2022-090, ex. B, adopted 12/12/2022)
If the council shall fail to pass an ordinance proposed by the
initiative process, or shall pass it in a form different from that
set forth in the petition therefor, or if the council fails to repeal
a referred ordinance, the proposed or referred ordinance shall be
submitted to the voters at the next available uniform election date
from the date the council takes its final vote thereon.
(Resolution 2007-055 adopted 5/21/07, Props 1, 55; Ordinance 2022-090, ex. B, adopted 12/12/2022)
Ordinances submitted to vote of the voters in accordance with
the initiative and referendum provisions of this Charter shall be
submitted by ballot title, which shall be prepared in all cases by
the city attorney. The ballot title may be different from the legal
title of any such initiated or referred ordinance and shall be a clear,
concise statement, without argument or prejudice, descriptive of the
substance of such ordinance, [and] if a paper ballot, shall have below
the ballot title the following propositions, one above the other in
the order indicated: “FOR THE ORDINANCE” and “AGAINST
THE ORDINANCE”. Any number of ordinances may be voted on at
the same election and may be submitted on the same ballot, but any
paper ballot used for voting thereon shall be for that purpose only.
If voting machines are used, the ballot title of any ordinance shall
have below it the same two propositions, one above the other or one
preceding the other in the order indicated, and the elector [voter]
shall be given an opportunity to vote for either of the two propositions
and thereby to vote for or against the ordinance.
(Resolution 2007-055 adopted 5/21/07, Prop. 1; Ordinance 2022-090, ex. B, adopted 12/12/2022)
If a majority of the voters voting on a proposed initiative
ordinance shall vote in favor thereof, it shall thereupon be an ordinance
of the city. A referred ordinance which is not approved by a majority
of the voters voting thereon shall thereupon be deemed repealed. If
conflicting ordinances are approved by the voters at the same election,
the one receiving the greatest number of affirmative votes shall prevail
to the extent of such conflict.
(Resolution 2007-055 adopted 5/21/07, Prop. 1; Ordinance 2022-090, ex. B, adopted 12/12/2022)
Initiative and referendum ordinances adopted or approved by
the voters shall be published, and may be amended or repealed by the
council, as in the case of other ordinances. However, no ordinance
adopted by the council or approved by the voters in response to an
initiative petition shall be amended or repealed by the council within
two years of the adoption, and no ordinance repealed by the council
or rejected by the voters in response to a referendum petition shall
be re-enacted by the council within two years of the repeal.
(Resolution 2007-055 adopted 5/21/07; Prop. 56; Ordinance 2022-090, ex. B, adopted 12/12/2022)
Any member of the city council, including the mayor, may be
removed from office by recall.
(Ordinance 2022-090, ex. B, adopted 12/12/2022)
Any qualified voter living within a council district of the
City of Paris may make and file with the city clerk an affidavit containing
the name of the council member from that district whose removal is
sought, which affidavit shall contain a statement, not to exceed 200
words, of the grounds for removal. Promptly after receipt of a recall
petition, the city clerk shall serve, personally or by certified mail,
a copy of the affidavit on the council member sought to be recalled.
Within 10 days of service of the affidavit, the council member sought
to be recalled may file a statement with the city clerk, not to exceed
200 words, in response. Recall petitions shall contain the name and
title of the council member, the statement of grounds for the recall,
and the response of the official, if any. If no response was filed,
the petition shall so state. The clerk shall thereupon deliver to
the voter making such affidavit copies of petition blanks demanding
such removal. The city clerk shall keep a sufficient number of such
printed petition blanks on hand for distribution. Such blanks, when
issued by the city clerk, shall bear the signature of that officer
and be addressed to the city council, and shall be numbered, dated,
and indicate the name of the person to whom issued. The petition blanks,
when issued, shall also indicate the number of such blanks issued
and the name of the officer whose removal is sought. The city clerk
shall enter in a record to be kept in his office the name of the voter
to whom the petition blanks were issued and the number issued to said
person.
(Resolution 2007-055 adopted 5/21/07, Props. 57, 58; Ordinance 2022-090, ex. B, adopted 12/12/2022)
The recall petition, to be effective, must be returned and filed with the city clerk within 30 days after the filing of the affidavit required in section
112 of this Charter and it must be signed by qualified voters of the district of the city represented by the council member whose recall is sought. The number of signatures on the petition blanks shall be in an amount equal in number to at least 51 percent of the total number of votes cast at the last contested municipal election at which a council member was elected from that district, or the signatures of at least 200 qualified voters of that district, whichever is greater, and shall conform to the provisions of section
86 of the Charter.
(Resolution 2007-055 adopted 5/21/07, Prop. 59; Ordinance 2022-090, ex. B, adopted 12/12/2022)
After the recall petition is filed with the city clerk, he or
she shall at once examine it and, if he or she finds it sufficient
and in compliance with the provisions of the Charter, he or she shall
within five days submit it to the city council with a certificate
to that effect and notify the officer sought to be recalled of such
action. If the officer whose removal is sought does not resign within
five days after such notice, the city council shall thereupon order
and fix a date for holding a recall election in the district on the
next available uniform election date.
(Resolution 2007-055 adopted 5/21/07, Prop. 60; Ordinance 2022-090, ex. B, adopted 12/12/2022)
Ballots used at recall elections shall conform to the following
requirements:
(1) With respect
to each person whose removal is sought, the question shall be submitted
“Shall (name of person) be removed from the office of councilmember
by recall?”
(2) Immediately
below each such question there shall be printed the two following
propositions, one above the other, in the order indicated:
“For the recall of (name of person)”
“Against the recall of (name of person)”
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(Ordinance 2022-090, ex. B, adopted 12/12/2022)
If a majority of the votes cast at a recall election shall be
against the recall of the officer named on the ballot, he or she shall
continue in office for the remainder of his or her unexpired term,
subject to recall as before. If a majority of the votes cast at such
an election be for the recall of the officer named on the ballot,
he or she shall, regardless of any technical defects in the recall
petition, be deemed removed from office and the vacancy shall be filled
by the city council as in other vacancies.
(Ordinance 2022-090, ex. B, adopted 12/12/2022)
No recall petition shall be filed against a councilmember within
six months after he or she takes office nor in respect to an officer
subjected to a recall election and not removed thereby, until at least
six months after such election.
(Ordinance 2022-090, ex. B, adopted 12/12/2022)
Should the city council fail or refuse to order any of the elections
as provided for in this article, when all the requirements for such
election have been complied with by the petitioning voters in conformity
with this article of the Charter, then it shall be the duty of any
one of the district judges of Lamar County, Texas, upon proper application
being made therefor, to order such elections and to enforce the carrying
into effect of the provisions of this article of the Charter.
(Resolution 2007-055 adopted 5/21/07, Prop. 1; Ordinance 2022-090, ex. B, adopted 12/12/2022)