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10 - Ordering the Regular Municipal Election for MayItem No. 10 Memorandum TO: Mayor, Mayor Pro -Tem & City Council Grayson Path, City Manager FROM: Janice Ellis, City Clerk SUBJECT: GENERAL MUNICIPAL ELECTION DATE: January 23, 2023 BACKGROUND: Pursuant to Section 14 of the Charter for the City of Paris, an election shall be held in May on the uniform election date in odd numbered years for the purpose of electing Council Members for Districts 4, 5, & 7. The uniform election date prescribed by the State is May 6, 2023. STATUS OF ISSUE: The early voting polling place for the three Districts is the Lamar County Courthouse Annex for Early Voting and Election Day. BUDGET: The estimate for election services is $8,639.07 for the general election. The City has $8,800.00 budgeted for elections. RECOMMENDATION: Approve a Resolution calling the City of Paris' general election for May 6, 2023. RESOLUTION NO. 2023- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ORDERING THE REGULAR MUNICIPAL ELECTION FOR THE CITY OF PARIS, TEXAS, TO BE HELD ON THE FIRST SATURDAY IN MAY 2023, SAME BEING THE 6TH DAY OF MAY 2023, FOR THE PURPOSE OF ELECTING MEMBERS OF THE PARIS CITY COUNCIL IN DISTRICTS 4, 5 & 7 FOR THE ENSUING TWO YEARS; DESIGNATING POLLING PLACES; ORDERING NOTICES OF ELECTION TO BE GIVEN; AND DECLARING AN EFFECTIVE DATE. WHEREAS, it is necessary that the City Council of the City of Paris order a regular municipal election for the City of Paris, Texas, be held by the qualified voters of Districts 4, 5, and 7 of the City of Paris, Texas, on the first Saturday in May 2023, same being the 6th day of May 2023, between the hours of 7:00 o'clock a.m. and 7:00 o'clock p.m., for the purpose of electing three (3) members of the City Council of the City of Paris for two year terms, as follows: One Council Member from District Four (4) One Council Member from District Five (5) One Council Member from District Seven (7) WHEREAS, the election shall be held as an Election administered by the Lamar County Elections Administrator in accordance with the provisions of the Texas Election Code, the Charter of the City of Paris, the Election Contract with the County of Lamar, and as provided in Paragraphs 2, 3, 5, 6 and 7 of the District Court Order entered March 15, 1976, in Civil Action No. P -75 -3 -CA, in the United States District Court for the Eastern District of Texas, Paris Division, and as provided in the Charter of the City of Paris and the laws of the State of Texas wherein they do not conflict with said Order; and WHEREAS, the City of Paris accepts Lamar County Election Administration's use of the Election Systems & Software direct recording electronic voting systems, which have been certified by the Secretary of State in accordance with the Texas Election Code and approved by the United States Department of Justice. NOW, THEREFOERE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS: Section 1. That the findings set out in this resolution are hereby in all things approved. Section 2. That the regular municipal election is hereby ordered for May 6, 2023, for the City of Paris, Texas, for the purpose of electing members of the City Council for Districts 4, 5 and 7. The Polling location where qualified voters may cast ballots for the general election is the Lamar County Courthouse Annex, Old County Courtroom, 231 Lamar Avenue, Paris, Texas. The polling location shall be open from 7:00 a.m. to 7:00 p.m. the date of the election. The election will be conducted in accordance with the Contract for Election Services attached hereto as Exhibit "A." Section 3. That early voting by personal appearance by qualified voters may be conducted at the Lamar County Courthouse Annex, 231 Lamar Avenue, Paris, Texas. Early voting by personal appearance for the May 6, 2023 General Election will be conducted by the Lamar County Elections Administrator beginning on Monday, April 24, 2023, and continue through Tuesday, May 2, 2023, during normal business hours of 8:00 a.m. until 5:00 p.m. Section 4. That applications for early voting ballot by mail shall be mailed to: Tricia Johnson, Early Voting Clerk, Lamar County Elections Administrator, Lamar County Courthouse Annex, 231 Lamar Avenue, Paris, Texas. Section 5. That in accordance with Section 123.001 of the Texas Election Code, the Election Systems & Software direct recording electronic voting systems approved by the Secretary of State are hereby adopted for the general election on May 6, 2023. Section 6. That pursuant to the Contract for Election Services, the Lamar County Elections Administrator shall serve as Election Administrator for the election. Presiding Election Judges and Alternate Presiding Election Judges appointed to serve at said polling places shall be those election officials appointed by the Elections Administrator. Section 7. That in compliance with Section 271.006 of the Texas Election Code, Tricia Johnson, Lamar County Elections Administrator, will be appointed as Early Voting Clerk. Other deputy early voting clerks will be appointed as needed to process early voting mail and to conduct early voting by personal appearance at the Early Voting Polling Place, Lamar County Courthouse Annex, 231 Lamar Avenue, Paris, Texas. Section 8. That an Early Voting Ballot Board shall be created to process early voting results in accordance with Section 87.007 of the Texas Election Code. The Early Voting Ballot Board shall be made up of members appointed in the manner stated in the Contract for Election Services. Section 9. That such election shall be held in accordance with the laws of the State of Texas governing general and municipal elections, insofar as the same may be applicable, and with the provisions of the City Charter and Ordinances of the City of Paris, wherein said Charter and ordinances do not conflict with state law and the above-described Order. Section 10. That the City Clerk of the City of Paris is hereby directed and instructed to cause the posting of a properly executed Notice of Election pursuant to this order of election, signed by the Mayor of the City of Paris and attested by the City Clerk, on the bulletin board in the City Clerk's Office, on the board provided for notices at the City Hall door, at each of the polling places designated above, not later than the twenty-first (21st) day before election day; further, a properly executed copy of such Notice of Election shall be published at least one time not earlier than the thirtieth (30th) day nor later than the tenth (10th) day before election day in at least one (1) daily newspaper published in the City of Paris, and a copy of the notice shall be filed with the City Clerk of the City of Paris, together with the posting officer's return and the newspaper certificate of publication. Section 11. That this resolution shall be effective from and after its date of passage. PASSED AND APPROVED by the City Council of the City of Paris in a regular meeting, at the City Hall of said City, on this 23rd day of January, 2023. Paula Portugal, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: Stephanie H. Harris, City Attorney