2001-085-RES AUTHORIZING ISSUANCE OF ORDER CALLING FOR REDISTRICTING POLITICAL BOUNDARIES AND CITY COUNCIL DISTRICTS WITH COP
RESOLUTION NO. 2001-085
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS, AUTHORIZING THE ISSUANCE OF AN ORDER
CALLING FOR THE REDISTRICTING OF POLITICAL BOUNDARIES
AND CITY COUNCIL DISTRICTS WITHIN THE CITY OF PARIS IN
ACCORDANCE WITH CENSUS DATA ISSUED BY THE UNITED STATES
CENSUS BUREAU AND STATE AND FEDERAL LAW AND SECTION 8 OF
THE CITY CHARTER; AUTHORIZING THE MAYOR TO EXECUTE SAID
ORDER AND THE CITY CLERK TO ATTEST TO SAME; MAKING
OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND
DECLARING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Paris has previously retained the firm of Allison,
Bass & Associates, L.L.P. to conduct an Initial Assessment of existing political boundaries and City
Council districts of the City of Paris as a result ofthe issuance of census data by the United States
Census Bureau; and,
WHEREAS, the result of said assessment indicates the district lines for said existing City
Council districts must be adjusted in accordance with Section 8 ofthe City Charter, State and Federal
law, and the U.S. Voting Rights Act; and,
WHEREAS, the City's consultant has called for the issuance of an official order ofthe City
Council directing the redistricting of said political boundaries; 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 the City Council does hereby authorize and direct the issuance of an Order,
and does further authorize the Mayor to execute and the City Clerk to attest to same, a copy of which
said Order is attached hereto as Exhibit A and for all purposes incorporated herein, making certain
findings of fact regarding the existing political boundaries ofthe City of Paris, Texas, and the need
to adjust same, and ordering the irnplementation of necessary processes to redistrict the aforesaid
existing political boundaries of the City of Paris, Texas, in such a manner as to comply with
applicable State and Federal law and Section 8 of the City Charter.
Section 3. That this resolution shall be effective from and after its date of passage.
PASSED AND APPROVED this 9th day of July, 2001.
ATTEST:
~~~~'".... . ~~::)
Mattie Curmingham, City Clerk
APPROVED AS TO FORM:
ORDER
OF THE CITY COUNCIL OF THE CITY OF
PARIS, TEXAS
FINDINGS OF FACT REGARDING POLITICAL BOUNDARIES
OF
PARIS, TEXAS
FOLLOWING PUBLICATION OF 2000 CENSUS DATA
AND
ORDER FOR REDISTRICTING OF POLITICAL BOUNDARIES
On the 9th day of July, 2001, the City Council for the City of Paris, Paris, Texas, met in
regular session, having posted notice of said hearing in compliance with Chapter 551 of the Texas
Government Code.
The City Council of the City of Paris has previously retained the firm of Allison, Bass &
Associates, L.L.P., of Austin, Texas, to conduct an Initial Assessment of existing political
boundaries of the city of Paris following the issuance of census data by the United States Census
Bureau on March 12, 2001. Attached to this Order, and incorporated herein for all purposes by
reference, is a copy of the initial assessment conducted by Allison, Bass & Associates, L.L.P. This
assessment is based upon PL94-171 data, as required by federal law, and is further based upon
information provided to Allison, Bass & Associates, L.L.P. by the Texas Legislative Council and
by the City of Paris.
Based upon this information, Paris has a total maximum deviation of 53.25%. The term total
maximum deviation is determined by dividing the total population of Paris by seven, the number of
City Council districts to determine an ideal district size. The actual population of each district is
then determined, based upon the official population data contained within the census count, as
defined by Public Law 94-171. The actual population of each district is compared to the ideal
district size, and a range of deviation by percentage is determined. The range between the largest
EXHIBIT f\
population by district and the smallest population by district is determined. Any total maximum
deviation in excess often percent (10%) is presumptively unconstitutional under established federal
law.
As a result of this determination, Paris has a constitutional duty to redistrict its political
boundaries so as to achieve "One-Person-One- Vote" numerical balance between the seven City
Council districts, within permissible lawful limitations, and, simultaneously, complying with the
Voting Rights Act and applicable state and federal law.
IT IS THEREFORE ORDERED, ADJUDGED and DECREED that the City Council of the
City of Paris, Paris, Texas, finding a clear legal duty exists to redistrict the existing political
boundaries of the City of Paris, Texas, in such a manner as to comply with applicable state and
federal law and Section 8 of the City Charter, the City Council hereby enters the following findings
of fact and of law:
1. Paris has a total maximum deviation, as defined in this order, of 53.25%.
2. Any total maximum deviation in excess of ten percent (10%) is presumptively
unconstitutional under federal law.
3. As a result, redistricting of existing political boundaries for the present City Council
districts is legally required.
4. Paris, acting by and through its City Council, is hereby resolved to undertake such
necessary and appropriate action to accomplish redistricting of existing City Council
districts, and any incidental modification of either existing, consolidated, or newly
created election precincts necessary to accomplish such redistricting.
5. The City Council shall henceforth convene in open meetings, duly posted in
accordance with the Texas Open Meetings Act, to take up and consider one or more
alternative plans for the legal redistricting of the City of Paris.
6. After due consideration of one or more alternative plans, the City Council shall adopt
a plan deemed to satisfy legal requirements and which best suits the legitimate
governmental needs of the City of Paris.
7. Such plan shall, after adoption, be submitted to the United States Department of
Justice for review as required by 42 U.S.C. g1973, otherwise known as the Voting
Rights Act.
8. Only upon preclearance shall such plan, or a plan subsequently modified to obtain
preclearance, be implemented for elections in the year 2002 and thereafter, or until
a suitable substitute has been lawfully adopted.
SIGNED this 9th day of July, 2001.
Michael J. Pfiester, Mayor
ATTEST:
Mattie Cunningham, City Clerk
APPROVED AS TO FORM:
Larry W. Schenk, City Attorney