2008-040-RES CANVASSING THE RETURNS FOR THE MAY 10, 2008, GENERAL ELECTION FOR COUNCIL DISTRICTS 2 AND 6RESOLUTION NO. 2008-040
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
CANVASSING THE RETURNS FOR THE MAY 10, 2008, GENERAL
ELECTION FOR COUNCIL DISTRICTS 2 AND 6; DECLARING THE WINNERS
IN SAID ELECTION; ACKNOWLEDGING THE RESULTS OF PRIOR COUNCIL
ACTION DECLARING CANDIDATES AS ELECTED TO OFFICE FOR COUNCIL
DISTRICTS 1 AND 3 AS A RESULT OF HAVING BEE111 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, Texas, did heretofore, on the 28th
day of January, 2008, by Resolution No. 2008-006, order the regular municipal election for
the City of Paris to be held on the 10th day of May, 2008, by the qualified voters in Districts
2 and 6 of the City of Paris, for the purpose of electing City Council Members from said
Districts; and,
WHEREAS, the City Clerk, being the authority responsible for having the official
ballot prepared, has previously certified, in writing, that the candidates for election as City
Council Members for Districts 1 and 3 were unopposed for election to office with no
write-in candidates being declared and there were no propositions to appear on the ballot;
and,
WHEREAS, on April 14, 2008, the City Council of the City of Paris, Texas, by prior
Ordinance No. 2008-009 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 Members
for District 1 and 3 be declared elected to office and that no election should be held in those
Districts; and,
WHEREAS, as a consequence of said Ordinance No. 2008-009, the candidate for
District 1, the same being Joe McCarthy and the candidate for District 3, the same being
Jesse James Freelen, were declared elected to office; and,
WHEREAS, pursuant to prior Resolution No. 2008-006, an election was held by the
qualified voters of Districts 2 and 6 of the City of Paris, Texas, on the 10th day of May, 2008,
for the purpose of voting for and electing a Council Person to serve as a member of the City
Council from the aforesaid Districts 2 and 6 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 2 and 6 and
early voting of the City of Paris, Texas; and,
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WHEREAS, sealed returns of said election for Districts 2 and 6, 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, 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 Districts 2 and 6 a total of 310 votes were cast for
candidates for Council Member positions as follows:
(1) IN COUNCIL DISTRICT 2, A TOTAL OF 43 VOTES WERE CAST FOR COUNCIL
MEMBER FROM DISTRICT 2 AS FOLLOWS:
Early
Votin~
Di ri t
Total
Kevin Kear
15
8
23
Jackie Stinson
11
9
20
Total Votes
26
17
43
(2) IN COUNCIL DISTRICT 6, A TOTAL OF
267 VOTES WERE CAST FOR COUNCIL
MEMBER FROM DISTRI
CT 6 AS FOLLOWS:
Early
Voting
District
Total
Edwin Pickle
97
89
186
Belinda Zanfardino
27
54
81
Total Votes
124
143
267
Section 3. That, from the above and foregoing canvass of the returns of the votes
in Council Member District 2 and 6 for the respective voting box in such election, it is
declared and determined that Kevin Kear is the person receiving the highest number of
votes of the votes cast at such election for Council Member from District 2 and is therefore
elected to serve as a Council Member from District 2 and a member of the City Council of
the City of Paris for the next ensuing two (2) years.
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Section 4. That, from the above and foregoing canvass of the returns of the votes
in Council Member Districts 2 and 6 for the respective voting box in such election, it is
declared and determined that Edwin Pickle is the person receiving the highest number of
votes of the votes cast at such election for Council Member from District 6 and is therefore
elected to serve as a Council Member from District 6 and a member of the City Council of
the City of Paris for the next ensuing two (2) years.
Section 5. That, in accordance with Ordinance No. 2008-009 (which, in
compliance with state law and the certification of the City Clerk, declared elected to office
the candidate for Council District 1), 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 1 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 1- Joe McCarthy.
Section 6. That, in accordance with Ordinance No. 2008-009 (which, in
compliance with state law and the certification of the City Clerk, declared elected to office
the candidate for Council District 3), 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 3 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 3- Jesse James
Freelen.
Section 7. That the aforesaid action in canvassing the returns and declaring the
results and recognizing the prior declarations 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 directions of the Election Code of the State of
Texas and the Open Meetings Act of the State of Texas, this 20th day of May, 2008.
ATTEST:
nice Ellis, City Clerk
J se James reelen, Mayor
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APPROVED AS TO FORM:
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W. Kent McII ar, Attorney