All records and accounts of every office, department or agency
of the city shall be available to the public in accordance with state
law.
(Ordinance 95-053, sec. 1, adopted 9/13/95; Resolution 2007-055 adopted 5/21/07, Prop. 61; Ordinance 2022-090, ex. B, adopted 12/12/2022)
No member of the council or any officer or employee of the city
shall have a financial interest, direct or indirect, or by reason
of ownership of stock or interest in any corporation or other entity,
or in any contract with the city, or be financially interested, directly
or indirectly, in the sale of any city land, materials, supplies,
or services except on behalf of the city as an officer or employee,
in any manner that is inconsistent with or in conflict with the requirements
of state law, including applicable provisions of the Texas Local Government
Code, the rules of the Texas Ethics Commission, and rulings of the
Texas Attorney General. Any willful violation of this section shall
constitute malfeasance in office and any officer or employee guilty
thereof shall thereby forfeit the office or position. Any violation
of this section with the knowledge, express or implied, of the person
or corporation contracting with the governing body of the city shall
render the contract voidable by the city manager or council.
(Resolution 2007-055 adopted 5/21/07, Prop. 62; Ordinance 2022-090, ex. B, adopted 12/12/2022)
No officer or employee of the City of Paris shall ever accept,
directly or indirectly, any gift, favor, privilege or employment from
any public utility corporation enjoying the grant of any franchise,
privilege or easement from the city during the term of office of such
officer, or during such employment of such employee, except as may
be authorized by law or ordinance; provided, however, that policemen
and firemen in uniform or wearing their official badges may accept
such free services where the same is permitted by ordinance. Any officer
or employee of the city who shall violate the provisions of this section
shall be guilty of a misdemeanor and may be punished by any fine that
may be prescribed by ordinance for this offense, and shall forthwith
be removed from office.
(Ordinance 2022-090, ex. B, adopted 12/12/2022)
No person related within the second degree of affinity, or within
the third degree of consanguinity, to members of the city council
or city manager shall be appointed to any office, position or service
in the city for which compensation is paid, but this provision shall
not affect officers or employees who are already employed by the city
for the time periods established by state law when any officer who
may be related within the named degree takes office.
(Resolution 2007-055 adopted 5/21/07, Prop. 63; Ordinance 2022-090, ex. B, adopted 12/12/2022)
Every officer of the city shall, before entering upon the duties
of his office, take and subscribe to the following oath or affirmation,
to be filed and kept in the office of the city clerk:
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“I, _____, do solemnly swear (or affirm), that I will
faithfully execute the duties of the office of _____, of the City
of Paris, State of Texas, and will to the best of my ability preserve,
protect, and defend the constitution and laws of the United States
and of this state and the Charter and ordinances of this city; and
I furthermore solemnly swear (or affirm), that I have not directly
nor indirectly paid, offered, or promised to pay, contributed, nor
promised to contribute any money, or valuable thing, or promised any
public office or employment, as a reward for the giving or withholding
a vote at the election at which I was elected, or if the office is
one of appointment, to secure my appointment. So help me God.”
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(Ordinance 2022-090, ex. B, adopted 12/12/2022)
Before the city shall be liable to damage claim or suit for
personal injury, or damage to property, the person who is injured
or whose property is damaged, or someone in his or her behalf, shall
give the city manager or the city clerk notice in writing, within
thirty days after the occurring of the alleged injury or damage, stating
specifically in such notice when, where and how the injury or damage
was sustained, and setting forth the extent of the injury or damage
as accurately as possible, and giving the names and addresses of all
witnesses upon whose testimony such person is relying to establish
the injury or damage. No action at law for damages shall be brought
against the city for personal injury or damage to property prior to
the expiration of sixty days after the notice hereinbefore described
has been filed with the city manager or the city clerk. After the
expiration of the sixty days aforementioned, the complainant may then
have two years in which to bring an action of law. In case of injuries
resulting in death, before the city shall be liable in damages therefor
the person or persons claiming such damages shall, within thirty days
after the death of the injured person, give notice as above required
in case of personal injury.
(Ordinance 2022-090, ex. B, adopted 12/12/2022)
The city council shall have the power to compromise and settle
any and all claims and lawsuits of every kind and character in favor
of or against the city, including suits by the city to recover delinquent
taxes.
(Ordinance 2022-090, ex. B, adopted 12/12/2022)
All legal process against the city shall be served upon the
mayor or mayor pro tem.
(Ordinance 2022-090, ex. B, adopted 12/12/2022)
It shall not be necessary, in any action, suit or proceeding
in which the City of Paris is a party, for any bond, undertaking or
security to be demanded or executed by or on behalf of said city in
any of the state courts, but in all such actions, suits, appeals or
proceedings, same shall be conducted in the same manner as if such
bond, undertaking or security had been given as required by law, and
said city shall be just as liable as if security or bond had been
duly executed.
(Ordinance 2022-090, ex. B, adopted 12/12/2022)
No lien of any kind shall ever exist against any property, real
or personal, owned by the city, except that the same be created by
this Charter.
(Ordinance 2022-090, ex. B, adopted 12/12/2022)
The property, real and personal, belonging to the city shall
not be liable to be sold or appropriated under any writ of execution
or cost bill. The funds belonging to the city, in the hands of any
person, firm or corporation, shall not be liable to garnishment, attachment,
or sequestration; nor shall the city be liable to garnishment on account
of any debt it may owe or funds or property it may have on hand or
owing to any person. Neither the city nor any of its officers or agents
shall be required to answer any such writ of garnishment on any account
whatever. The city shall not be obligated to recognize any assignment
of wages or funds by its employees, agents or contractors except by
court order or as otherwise required by state law.
(Ordinance 2022-090, ex. B, adopted 12/12/2022)
The city council shall have the right to remit, in whole or
in part, any fine or penalty belonging to the city, which may be imposed
under any ordinance or resolution passed in pursuance of this Charter.
(Ordinance 2022-090, ex. B, adopted 12/12/2022)
No property of any kind, church, school, or otherwise, in the
City of Paris, shall be exempt from any of the special taxes and assessments
authorized by this Charter for local improvements unless the exemption
is required by state law.
(Ordinance 2022-090, ex. B, adopted 12/12/2022)
Any real property owned by the City of Paris may be sold or leased by the city council when, in its judgment, such sale or lease will be for the best interests of the city; provided, however, a sale or a lease for more than five (5) years shall never become effective until thirty (30) days after passage of the ordinance or resolution affecting same. If, during such thirty day period, a referendum petition is presented to the city clerk, which in all respects conforms to the referendum provisions of article X of this Charter, and same is found sufficient, then the clerk shall certify the sufficiency of same to the city council, and an election shall be called submitting the question of whether or not the sale or lease, as the case may be, shall be consummated. Provided, further, however, the provisions of this section shall not apply to public utilities, nor to property purchased by the city at tax sales.
(Ordinance 2022-090, ex. B, adopted 12/12/2022)
All ordinances, resolutions, rules and regulations now in force
under the city government of Paris, and not in conflict with the provisions
of this Charter, shall remain in force under this Charter until altered,
amended or repealed by the council after this Charter takes effect;
and all rights of the City of Paris under existing franchises and
contracts are preserved in full force and effect to the City of Paris.
Upon adoption of this Charter, it shall constitute the Charter of
the City of Paris.
(Ordinance 2022-090, ex. B, adopted 12/12/2022)
All contracts entered into by the city, or for its benefit,
prior to the taking effect of this Charter, shall continue in full
force and effect. Public improvements for which legislative steps
have been taken under laws or ordinances existing at the time this
Charter takes effect may be carried to completion in accordance with
the provisions of such existing laws or ordinances.
All suits, taxes, penalties, forfeitures and all other rights,
claims and demands, which have accrued under the laws heretofore in
force governing the City of Paris, shall belong to and be vested in
and shall be prosecuted by and for the use and benefit of the corporation
hereby created, and shall not in anywise be diminished, affected or
prejudiced by the adoption and taking effect of this Charter.
(Ordinance 2022-090, ex. B, adopted 12/12/2022)
This Charter shall be liberally construed to carry out its intents
and purposes. If any section or part of section of this Charter shall
be held invalid by a court of competent jurisdiction, such holding
shall not affect the remainder of this Charter nor the context in
which such section or part of section so held invalid may appear,
except to the extent that an entire section or part of section may
be inseparably connected in meaning and effect with the section or
part of section to which such holding shall directly apply.
(Ordinance 2022-090, ex. B, adopted 12/12/2022)
Amendments to this Charter may be framed and submitted to the
qualified voters of the city by a Charter commission in the manner
provided by law for framing and submitting a new charter, or may be
proposed by a majority vote of the full membership of the city council,
or may be proposed by a petition signed by not fewer than five percent
of the number of qualified voters in conformity with the provisions
hereof. When a charter amendment petition shall have been filed with
the council in conformity with the provisions of this Charter as to
petitions for initiated ordinances, the council shall forthwith provide
by ordinance for submitting such proposed amendment to a vote of the
voters. Any ordinance for submitting a charter amendment to the voters
shall provide that the election shall occur on the next available
uniform election date. Not less than 30 days prior to such election,
the city clerk shall provide to the qualified voters of the city,
in such manners, times and places as the council shall direct, information
that shall inform the voters of the purpose and effect of the proposed
amendment, including its exact language. If a proposed amendment be
approved by a majority of the qualified voters voting thereon it shall
then become a part of the Charter. Each amendment shall be confined
to one subject; and when more than one amendment shall be submitted
at the same time, they shall be so submitted as to enable the voters
to vote on each amendment separately.
Not less than every five years, the council shall appoint a
Charter review commission to review the Charter and make recommendations
to the council regarding proposed amendments, if any, that the commission
considers to be appropriate and in the best interest of the city.
Said Charter review commission shall comprise fifteen members and
two alternates who are registered voters of the city and who are selected
by council in the following manner: Each of the seven councilmembers
shall appoint two members to the commission, and the mayor and mayor
pro tem shall jointly appoint the fifteenth member. The two alternate
members shall be appointed after nomination and vote by the council.
The chair of the commission shall be appointed by the council after
nominations and vote, and the vice chair shall be elected by the commission
from among its number. Commission members must be registered voters
in the City of Paris. Current and former councilmembers and current
and former city employees are not eligible to be appointed to the
commission. Once constituted the commission shall determine the dates
and times for conducting its meetings. Each commission member shall
be required to attend at least seventy-five percent of the commission's
meetings.
(Resolution 2007-055 adopted 5/21/07, Props. 65–69; Ordinance 2022-090, ex. B, adopted 12/12/2022)
The city council shall by ordinance authorize the city attorney
to edit this charter for the following purposes:
(1)
to renumber
and rearrange all articles, sections, and subsections therein, or
amendments thereto;
(2)
to eliminate
gender-specific references from various provisions therein and to
substitute gender-neutral terms as deemed appropriate; and
(3)
to eliminate
from various provisions therein all references to specific state statutes,
as appropriate.
(Ordinance 2022-090, ex. B, adopted 12/12/2022)
