2008-099-RES CANVASSING THE RETURNS FOR NOV 4,2008 ELECTION FOR ADOPTION OF AN ORDINANCE ON LIMIT AMOUNT OF TAXES ON RESIDENCE HOMESTEAD FOR DISABLED OR 65 YR OLDERRESOLUTION NO. 2008-099
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
CANVASSING THE RETURNS FOR THE NOVEMBER 4, 2008, CITY-WIDE
SPECIAL ELECTION ON A PROPOSITION CALLING FOR THE ADOPTION
OF AN ORDINANCE ESTABLISHING A LIMIT ON THE TOTAL AMOUNT OF
TAXES THAT MAY BE IMPOSED ON THE RESIDENCE HOMESTEAD OF A
DISABLED PERSON OR PERSON SIXTY-FIVE (65) YEARS OF AGE OR
OLDER PURSUANT TO ARTICLE 8, SECTION 1-b(h) OF THE TEXAS
COIVSTITUTION AND TEXAS TAX CODE SECTION 11.261; MAKING
OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, on July 14, 2008 the City Council of the City of Paris approved
Resolution 2008-051 ordering a city-wide special election to be held in the City of Paris on
November 4, 2008 on the question of establishing a limit on the total amount of taxes that
may be imposed on the residence homestead of a disabled person or person sixty-five (65)
years of age or older pursuant to Article 8, Section 1-b(h) of the Texas Constitution and
Section 11.261 of the Texas Tax Code; and,
WHEREAS, in conformance with the Texas Election Code, said election was
conducted on one of the uniform election dates set out in the Election Code, the next
available uniform election date being Tuesday, November 4, 2008; and,
WHEREAS, as required by City Charter and State Law, such election was conducted
and held at the specified and designated polling places as set forth in Resolution No.
2008-051; and,
WHEREAS, sealed returns of said election for all seven (7) Districts, made by the
duly appointed and designated election officials of and for the respective voting boxes,
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 a special election was held city-wide in all Council Districts of the
City of Paris, Texas on Tuesday, November 4, 2008 for the purpose of submitting to the
qualified voters of the City of Paris one proposition calling for the adoption of an ordinance
establishing a limit on the total amount of taxes that may be imposed on the residence
homestead of a disabled person or a person sixty-five (65) years of age or older pursuant to
Article 8, Section 1-b(h) of the Texas Constitution and Texas Tax Code Section 11.261, in
the form as follows:
"Proposition No. 1
❑ FOR That the total amount of ad valorem taxes imposed
by the City of Paris, Texas on the residence
homestead of a person who is disabled or is
sixty-five (65) years of age or older may not be
increased while it remains the residence homestead
❑ AGAINST of that person or that person's spouse who is
disabled or sixty-five (65) years of age or older,
except for any increases that may be allowed by
Section 11.261 Texas Tax Code, as amended from
time to time."
Section 3. That, in Council District 1, a total of 202 votes were cast regarding
Proposition 1 as follows:
District 1
Earl Votin
Election Da
Total Votes
Percenta e
For Pro osition
68
113
181
89.60%
A ainst Pro osition
10
11
21
10.40%
TOTAL VOTES
78
124
202
100.00%
Section 4. That, in Council District 2, a total of 76 votes were cast regarding
Proposition 1 as follows:
District 2
l Votin
Ear
Election Da
Total Votes
Percenta e
For Pro osition
37
30
67
88.16%
A ainst Pro osition
6
3
9
11.84%
TOTAL VOTES
43
33
76
100.00%
Section 5. That, in Council District 3, a total of 303 votes were cast regarding
Proposition 1 as follows:
District 3
Earl Votin
Election Da
Total Votes
Percenta e
For Pro osition
149
144
293
96.70%
A ainst Pro osition
0
10
10
3.30%
TOTAL VOTES
149
154
303
100.00%
Section 6. That, in Council District 4, a total of 256 votes were cast regarding
Proposition 1 as follows:
District 4
Earl Votin
Election Da
Total Votes
Percenta e
For Pro osition
157
84
241
94.14%
A ainst Pro osition
6
9
15
5.86%
TOTAL VOTES
163
93
256
100.00%
Section 7. That, in Council District 5, a total of 388 votes were cast regarding
Proposition 1 as follows:
District 5
Earl Votin
Election Da
Total Votes
Percenta e
For Pro osition
100
251
351
90.46%
A ainst Pro osition
9
28
37
9.54%
TOTAL VOTES
109
279
388
100.00%
Section 8. That, in Council District 6, a total of 530 votes were cast regarding
Proposition 1 as follows:
District 6
Earl Votin
Election Da
Total Votes
Percenta e
For Pro osition
321
181
502
94.72%
A ainst Pro osition
13
15
28
5.28%
TOTAL VOTES
334
196
530
100.00%
Section 9. That, in Council District 7, a total of 682 votes were cast regarding
Proposition 1 as follows:
District 7
Earl Votin
Election Da
Total Votes
Percenta e
For Pro osition
481
165
646
94.72%
A ainst Pro osition
29
7
36
5.28%
TOTAL VOTES
510
172
682
100.00%
All Districts
Earl Votin
Election Da
Total Votes
Percenta e
For Pro osition
1313
968
2281
93.60%
A ainst Pro osition
73
83
156
6.40%
TOTAL VOTES
1386
1051
2437
100.00%
Section 10. That, from the above and foregoing canvass of the returns of the votes
in Council Member Districts 1, 2, 3, 4, 5, 6, and 7 and early voting, it is declared and
determined that a total of 2,281 "For" votes were cast in favor of the aforesaid proposition,
and a total of 156 "Against" votes were cast in opposition to the aforesaid proposition, and
it is further declared and determined that the aforesaid proposition calling for the amount
of ad valorem taxes imposed by the City of Paris, Texas on the residence homestead of a
person who is disabled or is sixty-five (65) years of age or older may not be increased while
it remains the residence homestead of that person or that person's spouse who is disabled
or sixty-five (65) years of age or older, except for any increases that may be allowed by
Section 11.261 Texas Tax Code, as amended from time to time.
Section 11. That in accordance with the results of the city-wide special election
held November 4, 2008, as documented herein, an ordinance shall be prepared and
presented to City Council for approval to implement this proposition.
Section 12. That this resolution shall be effective from and after its date of
passage.
PASSED, APPROVED, AND ADOPTED this 17th day of November, 2008.
esse Jaryfes Freelen, Mayor
ATTEST:
Nicki Brown, Deputy City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, ' Attorney