2004-093A-RES CANVASSING RETURNS FOR THE MAY 15, 2004 CITY-WIDE SPECIAL ELECTION ON THE QUESTION OF EXEMPTING THE CITY AND THE PARIS FIREFIGHTERS RELIEF AND RETIREMENT FUND
RESOLUTION NO. 2004-093-A
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS, CANVASSING THE RETURNS FOR THE MAY 15, 2004,
CITY-WIDE SPECIAL ELECTION ON THE QUESTION OF EXEMPTING
THE CITY OF PARIS AND THE PARIS FIREFIGHTERS RELIEF AND
RETIREMENT FUND FROM THE APPLICATION OF THE
REQUIREMENTS OF ARTICLE XVI, SECTION 66 OF THE TEXAS
CONSTITUTION, ENTITLED "PROTECTED BENEFITS UNDER
CERTAIN PUBLIC RETIREMENT SYSTEMS;" MAKING OTHER
FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Legislature of the State of Texas, by adoption of House Joint Resolution
No. 54, provided for submittal of a new Article XVI, Section 66 to the Texas Constitution to the
electorate of the State of Texas; and,
WHEREAS, the aforesaid Article XVI, Section 66 to the Texas Constitution was adopted
by a majority vote of the electorate of the State of Texas; and,
WHEREAS, as a consequence of the adoption of said Article XVI, Section 66 to the Texas
Constitution, entitled "Protected Benefits Under Certain Public Retirement Systems," the Paris
Firefighters Relief and Retirement Fund would be subject to the provisions of said Article XVI,
Section 66; and,
WHEREAS, Article XVI, Section 66 authorized the City Council of the City of Paris, as
a political subdivision governed by said constitutional provision with a retirement system falling
under said constitutional provision, to seek exemption from the provisions of Article XVI, Section
66 by submitting the issue of said exemption to the voters of the City Paris; and,
WHEREAS, Article XVI, Section 66 provides that any such election seeking exemption
must be held on May 15, 2004; and,
WHEREAS, the City Council of the City of Paris, Paris, Texas, did on the 9th day of
February, 2004, by Resolution No. 2004-022 order a special city-wide municipal election for the
City of Paris to be held on the 15th day of May, 2004, by all of the qualified voters of the City of
Paris, to consider a proposition on the question of exempting the City of Paris and the Paris
Firefighters Relief and Retirement Fund from the application of Article XVI, Section 66 of the
Texas Constitution, entitled "Protected Benefits Under Certain Public Retirement Systems;" and,
WHEREAS, again pursuant to prior Resolution No. 2004-022, an election was held by
the City of Paris to enable the qualified voters of the City of Paris, Texas, on the 15th day of May,
2004, to vote for or against the aforesaid proposition on the question of exempting the City of
Paris and the Paris Firefighters Relief and Retirement Fund from the application of the
requirements of Article XVI, Section 66 of the Texas Constitution; 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 polling 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; and,
WHEREAS, following said election, a properly prepared Recount Petition was filed with
the appropriate City election official; and,
WHEREAS, beginning at 9:00 o'clock a.m., Monday, May 24,2004, a recount of the
votes of said election was conducted in accordance with state law and the City Charter; and,
WHEREAS, the results of said recount and the subsequent review and canvass thereof are
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, May 15, 2004, for the purpose of submitting to the qualified
voters of the City of Paris one proposition on the question of exempting the City of Paris and the
Paris Firefighters Relief and Retirement Fund from the application of the requirements of Article
XVI, Section 66 of the Texas Constitution, with the proposition expressed on the official ballot
in accordance with Article XVI, Section 66 of the Texas Constitution in the form as follows:
"Proposition No.1
o FOR
That the City of Paris and the Paris Firefighters Relief and
Retirement Fund shall be exempted from the application of the
requirements of Article XVI, Section 66 of the Texas Constitution,
entitled Protected Benefits Under Certain Public Retirement
Systems.
o AGAINST
Section 3 That, in Council District 1, a total of 110 votes were cast regarding Proposition 1
as follows:
For
Against
Early Voting
11
3
District 1
43
53
Total
54
56
110
Section 4. That, in Council District 2, a total of 22 votes were cast regarding Proposition 1
as follows:
For
Against
Total Cast
Early Votin~
o
o
District 2
12
10
Total Cast
Total
12
10
22
Section 5. That, in Council District 3, a total of 96 votes were cast regarding Proposition 1
as follows:
For
Against
Early Voting
11
4
District3
24
57
Total Cast
Total
35
M
96
Section 6. That, in Council District 4, a total of 41 votes were cast regarding Proposition 1 as
follows:
For
Against
Early Voting
8
1
District 4
10
22
Total Cast
Total
18
.1l
41
Section 7. That, in Council District 5, a total of 29 votes were cast regarding Proposition 1
as follows:
For
Against
Early Voting
2
o
DistrictS
12
15
Total
14
.n
29
Section 8. That, in Council District 6, a total of 224 votes were cast regarding Proposition 1
as follows:
For
Against
Total Cast
Early Voting
45
15
District 6
86
78
Total Cast
Total
131
~
224
Section 9. That, in Council District 7, a total of 133 votes were cast regarding Proposition
1 as follows:
For
Against
Early Voting
16
2
Total
Total
For
Against
District 7
50
65
Total
66
67
133
Total Cast
330
325
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 330 For votes were cast in favor of the aforesaid proposition, and a total of 325 Against votes
were cast in opposition to the aforesaid proposition.
Section 11. That a properly prepared Recount Petition was filed with the appropriate City
election official; that beginning at 9:00 o'clock a.m. Monday, May 24, 2004, a recount of the
votes of said election was conducted in accordance with state law and the City Charter; and that
the results of said recount and the subsequent review and canvass thereof are as summarized
herein.
Section 12. That, following said recount, in Council District 1, a total of 110 votes were cast
regarding Proposition 1 as follows:
For
Against
Early Voting
12
3
District 1
43
52
Total Cast
Total
55
.2L
110
Sectionl3. That, following said recount, in Council District 2, a total of 22 votes were cast
regarding Proposition 1 as follows:
Early Voting
For
Against
District 2
12
10
Total Cast
Total
12
...llL
22
Section 14. That, following said recount, in Council District 3, a total of 96 votes were cast
regarding Proposition 1 as follows:
For
Against
Early V otinl:
11
4
District 3
24
57
Total Cast
Total
35
..Ql
96
Section 15. That, following said recount, in Council District 4, a total of 41votes were cast
regarding Proposition 1 as follows:
For
Against
Early Voting
8
1
District 4
10
22
Total Cast
Total
18
.1L
41
Sectionl6. That, following said recount, in Council District 5, a total of 29 votes were cast
regarding Proposition 1 as follows:
For
Against
Early Voting
2
o
District 5
12
15
Total Cast
Total
14
~
29
Section 17. That, following said recount, in Council District 6, a total of 226 votes were cast
regarding Proposition 1 as follows:
For
Against
Early Voting
46
16
District 6
86
78
Total Cast
Total
132
94
226
Sectionl8. That, following said recount, in Council District 7, a total of 133 votes were cast
regarding Proposition 1 as follows:
For
Against
Total
Total
For
Against
Early Voting
16
2
District 7
50
65
Total Cast
Total
66
67
133
332
325
Section 19. That, from the above and foregoing canvass and recount 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 332 For votes were cast in favor of the aforesaid proposition, and a
total of 325 Against votes were cast in opposition to the aforesaid proposition, and it is further
declared and determined that the aforesaid proposition exempting the City of Paris and the City
of Paris Fireman's Pension Fund from the application of the requirements of Article XVI, Section
66 of the Texas Constitution, DID pass.
Section 20. 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 24th day of May, 2004.
ATTEST:
'-'ffi~,. ~""<'<' ...~
Mattie Cunmngham, City Clerk
APPROVED AS TO FORM: