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2005-051-RES CANVASSING RETURNS FOR MAY 7, 2005 GENERAL ELECTION FOR COUNCIL DISTRICTS 4 AND 7 DECLARING THE WINNER IN ELECTION RESOLUTION NO. 2005-051 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, CANVASSING THE JU;TURNS FOR THE MAY 7, 2005, GENERAL ELECTION FOR COUNCIL DISTRICTS 4 AND 7; DECLARING THE WINNER IN SAID ELECTION; ACKNOWLEDGING THE RESULTS OF PRIOR COUNCIL ACTIONDECLAlUNG A CANDIDATE AS ELECTED TO OFFICE FOR COUNCIL DISTRICT 5 AS A RESULT OF HAVING BEEN UNOPPOSED FOR ELECTION TO OFFICE; DECLARING THE TERMS OF OFFICE FOR THE AFORESAID CANDIDATES; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Paris, Paris, Texas, did heretofore, on the 10th day of January, 2005, by Resolution No. 2005-007, order the regular municipal election for the City of Paris to be held on the 7th day of May, 2005, for the qualified voters in Districts 4,5, and 7 of the City of Paris, for the purpose of electing City COlUlcil Members from said Districts; and, WHEREAS, the City Clerk, being the autihority responsible for having the official ballot prepared, has previously certified, in writing, that the candidate for election as City Council Member for District 5 was unopposed for election to office with no write-in candidates being declared and there were no propositions to appear on the ballot; and, WHEREAS, the City Council of the City of Paris, Paris, Texas, by prior Ordinance No. 2005-010, adopted on the 28th day of March, 2005, did, pursuant to the authority granted in V.T.C.A. Election Code, Section 2.053, deem it appropriate that the candidate for election as City Council Member for District 5 be declared elected to office and that no election should be held in that District; and, WHEREAS, as a consequence of said Ordinance No. 2005-010, the candidate for District 5, the same being Curtis Fendley, was declared elected to office; and, WHEREAS, pursuant to prior Resolution No. 2005-007, an election was held for the qualified voters of Districts 4 and 7 of the City of Paris, Paris, Texas, on the 7th day of May, 2005, for the purpose of voting for and electing a Council Person to serve as a member of the City Council from the aforesaid Districts 4 and 7 for the ensuing two (2) years; and, WHEREAS, as required by order of the District Court of the United States for the Eastern District of Texas, Paris Division, in Civil Action No. P-75-3-CA, and as provided in the Charter of the City of Paris and the laws of the State of Texas, such election was conducted and held at the specified and designated poling places for Districts 4 and 7 and early voting of the City of Paris, Paris, Texas; and, I WHEREAS, sealed returns of said election for Districts 4 and 7, made by the duly appointed and designated election officials of and for the respective voting box, having been made to the Mayor and City Council of the City of Paris, as required by law, which returns after due and deliberate review and canvass thereof, show the results as summarized herein; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS: Section 1. That the findings set out in the preamble to this resolution are hereby in all things approved. Section 2. That, in Council District 4, a total of 209 votes were cast for candidates for Council Member from District 4 as follows: Early District Voting Total John Holmes 7 2 9 Scott Biard 28 34 62 Richard Manning 49 89 138 Section 3. That, in Council District 7 a .otal of 634 votes were cast for candidates for Council Member from District 7 as follows: Early District Voting Total Tim Ray 51 168 219 Bill Strathem 45 152 197 Jim Bell 75 130 205 Michael J. Pfiester 3 10 13 Section 4. That, from the above and foregoing canvass of the returns of the votes in Council Member District 4 for the respective voting box in such election, it is declared and determined that Richard Manning is the person receiving the highest number of votes of the votes cast at such election for Council Member from District 4 and is therefore elected to serve as a Council Member from District 4 and a member of the City Council of the City of Paris for the next ensuing two (2) years. Section 5. That, from the above and foregoing canvass of the returns of the votes in Council Member District 7 for the respective voting box in such election, it is declared and determined that Tim Ray is the person receiving the highest number of votes of the votes cast at such election for Council Member from District 7 and is therefore elected to serve as a Council Member from District 7 and a member of the City Council of the City of Paris for the next ensuing two (2) years. 2 Section 6. That, in accordance with Ordin:ance No. 2005-010 (which, in compliance with state law and the certification of the City Clerk, deelared elected to office the candidate for Council District 5), the following Council Member has heretofore been previously declared elected to office, certified as having been authorized to serve in said position, and is hereby designated as Council Member for District 5 in accordance with state law for the next ensuing two (2) years, such term to begin immediately following the adoption of this resolution, as follows: Council Member from District 5 - Curtis Fendley. Section 7. That the aforesaid action in canvassing the returns and declaring the results and recognizing the prior declaration of election to office of the aforementioned Council Members shall be and is hereby conditioned upon the aforesaid candidates otherwise complying with all the requirements of State law and the City Charter, following the administration of any and all necessary oaths and other requirements as shall be specified by City Charter or State law. Section 8. That this resolution shall be effective from and after its date of passage. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Paris in regular session convened pursuant to the directiollls of the Election Code of the State of Texas and the Open Meetings Act of the State of Texas, this 18th day of ,2 ATTEST: ~ofCO~ Ice Ellis, CIty Clerk APPROVED AS TO FORM: 3