2002-152-RES CANVASSING RETURNS FOR SEPTEMBER 14, 2002 CITY-WIDE ELECTION
RESOLUTION NO. 2002-152
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS, CANVASSING THE RETURNS FOR THE SEPTEMBER
14, 2002, CITY-WIDE SPECIAL ELECTION ON THE QUESTION OF
INCREASING PAY FOR MEMBERS OF THE FIRE DEPARTMENT OF
THE CITY OF PARIS; MAKING OTHER FINDINGS AND PROVISIONS
RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Section 141.034 of the Texas Local Government Code authorizes qualified
voters of a municipality with a population of more than 10,000 to petition the governing body of
said municipality to increase the minimum salary of each member of the fire department, for each
rank, pay grade, or classification; and,
WHEREAS, on June 13, 2002, the City Clerk of the City of Paris, Paris, Texas, a home
rule city of a population in excess of 10,000, received a petition filed pursuant to said Section
141.034 seeking increases in the minimum salaries of stated members of the Paris Fire
Department; and,
WHEREAS, the City Clerk of the City of Paris, as the duly designated election official
of said city, reviewed the petition to verify the required number of qualified voters, equal to at
least 25 % of the voters who participated in the most recent municipal election, had signed said
petition; and,
WHEREAS, the City Clerk, based on advice received from the Office of the Secretary of
State of the State of Texas, Elections Division, found and determined that the most recent election
for purposes of Section 141.034 of the Local Governnlent Code to determine the sufficiency of
signatures was the last city-wide election, the same having been conducted on January 20, 1996,
and also found and determined that the number of qualified voters who participated in the said
election was 901; and,
WHEREAS, the City Clerk of the City of Paris, Paris, Texas, further determined that 25 %
of said voters would be equal to 225 voters and that the petition as filed pursuant to Section
141.034 contained the signatures of 424 qualified voters; and,
WHEREAS, as a result of said determination, the City Clerk of the City of Paris, Paris,
Texas, certified to the City Council of the City of Paris, Paris, Texas, that the petition referenced
herein contained the number of qualified voters required by Section 141.034; and,
WHEREAS, Section 141.034 of the Texas Local Government Code authorizes the
governing body to 1) adopt the proposed minimum salary stated in the petition; 2) offer an
alternative minimum salary proposal pursuant to the state statute; or 3) call an election on the
proposed minimum salary as provided by state law; and,
WHEREAS, the City Council of the City of Paris, Paris, Texas, recognized its obligation
pursuant to Section 141.034 of the Texas Local Government Code, subject to the possibility of
reaching an agreement with a committee of petitioners designated in the aforesaid petition as to
an alternative salary proposal, to call an election on the first authorized uniform election date
under Chapter 41, Election Code that occurs after the 65th day after the date the petition was filed;
and,
WHEREAS, the City Council found and determine that the aforesaid date for said election
was Saturday, September 14, 2002; and,
WHEREAS, the City Council and the committee of petitioners failed to reach an
agreement as to an alternative salary proposal; and,
WHEREAS, the City Council desires to in all things comply with the requirements of State
law for said election as established by Section 141.034 ofthe Texas Local Government Code; and,
WHEREAS, the City Council of the City of Paris, Paris, Texas, did therefore, on the 8th
day of July, 2002, by Resolution No. 2002-124, order a special municipal election for the city of
Paris to be held on the 14th day of September, 2002, by the qualified voters of the city of Paris,
to consider a proposition on the question of increasing pay for members of the Fire Department
of the City of Paris; and,
WHEREAS, again pursuant to prior Resolution No. 2002-124, an election was held by
the City of Paris to enable the qualified voters of the city of Paris, Texas, on the 14th day of
September, 2002, to vote for or against the aforesaid proposition on the question of increasing pay
for members of the Fire Department; 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 all seven (7) Districts and early voting of the City
of Paris, Paris, Texas; 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, 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, Paris, Texas on Saturday, September 14, 2002, for the purpose of submitting to the
qualified voters of the city of Paris one proposition on the question of increasing pay for members
of the Fire Department of the City of Paris with the proposition to be expressed on the official
ballot in accordance with Section 141.034 of the Texas Local Government Code in the form as
follows:
"Proposition No.1
DYES
D NO
Adoption of the proposed minimum salaries of each member of the fire
department for the City of Paris in the amount applicable to each
classification as follows, to be effective October 1, 2002:
Paris Fire Department
Classification Hourly Bi- Weekly Monthly Annually
Fire Fighter (entry) 10.49 1,174.88 2,545.57 30,546.88
Fire Fighter (1 yr in class) 12.07 1,351.84 2,928.98 35,147.84
Fire Fighter (3 yrs in class) 12.57 1,407.84 3,050.32 36,603.84
Fire Fighter (6 yrs in class) 13.07 1,463.84 3,171,65 38,059.84
Driver (entry) 13.64 1,527.68 3,309.97 39,719.68
Driver (2 yrs in class) 14.14 1,583.68 3,431.31 41.175.68
Engineer (entry) 14.65 1,640.80 3,555.07 42,660.80
Engineer (2 yrs in class) 15.15 1,696.80 3,676.40 44,116.80
Engineer (4 yrs in class) 15.65 1,752.80 3,797.73 45,572.80
Deputy Chief 16.46 1,843.52 3,994.29 47,931.52
Training Officer 23.04 1,843.52 3,994.29 47,931.52"
Section 3. That, in Council District 1, a total of 97 votes were cast for Proposition 1 as
follows:
Yes -14
No 83
Section 4. That, in Council District 2, a total of 67 votes were cast for Proposition 1 as
follows:
Yes 20
No 47
Section 5. That, in Council District 3, a total of 203 votes were cast for Proposition 1 as
follows:
Yes 62
No 141
Section 6. That, in Council District 4, a total of 148 votes were cast for Proposition I as
follows:
Yes 49
No 99
Section 7. That, in Council District 5, a total of 86 votes were cast for Proposition 1 as
follows:
Yes -2.l
No 65
Section 8. That, in Council District 6, a total of 242 votes were cast for Proposition 1 as
follows:
Yes 68
No 174
Section 9. That, in Council District 7, a total of 380 votes were cast for Proposition 1 as
follows:
Yes 92
No 288
Section 10. That, in Early Voting, a total of 470 votes were case for Proposition 1 as
follows:
Yes 60
No 410
Section 11. 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 386 Yes votes were cast in favor of the aforesaid proposition, and a total of 1.307
No votes were cast in opposition to the aforesaid proposition, and it is further declared and
determined that the aforesaid proposition adopting proposed minimum salaries and increasing the
pay for members of the fire department of the City of Paris, Texas, did not pass.
Section 12. 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
special 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 17th day of September, 2002.
ATTEST:
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Mattie Cunningham, City Clerk